<num value="19">TITLE 19</num><heading>EDUCATION</heading><part identifier="/us/state/tx/tac/t19/p1"><num value="1">PART 1</num><heading>TEXAS HIGHER EDUCATION COORDINATING BOARD</heading><chapter identifier="/us/state/tx/tac/t19/p1/c1"><num value="1">CHAPTER 1</num><heading>AGENCY ADMINISTRATION</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.1"><num value="1.1">§1.1</num><heading>Dates for Regular Quarterly Meetings of the Board</heading><content>Regular quarterly meetings of the Coordinating Board, hereinafter referred to as the Board, will be held in January, April, July, and October, with the understanding that the chair may at a regular quarterly meeting, alter the date of a subsequent meeting.</content><note type="source"><p>Source Note: The provisions of this §1.1 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.2"><num value="1.2">§1.2</num><heading>Authority of the Commissioner to Interpret Rules</heading><content>Except as otherwise provided, no provisions of Board rules shall be deemed exhaustive of the jurisdiction of the Commissioner of Higher Education, hereinafter referred to as the Commissioner. The Commissioner shall have the responsibility to interpret Board rules whenever interpretation is necessary so that the business of the Board may move along with order and expediency.</content><note type="source"><p>Source Note: The provisions of this §1.2 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.3"><num value="1.3">§1.3</num><heading>Educational Data</heading><content>To enable the Board to comply with the requirements of the legislature concerning the collection of data, each public junior and senior institution of higher education shall submit such reports to the Board as may be prescribed by the Educational Data Reporting System.</content><note type="source"><p>Source Note: The provisions of this §1.3 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.4"><num value="1.4">§1.4</num><heading>Rules of Order</heading><content>When formal procedures are required in a Board meeting, the meeting shall be conducted under the rules of parliamentary law as set forth in the current edition of Roberts Rules of Order.</content><note type="source"><p>Source Note: The provisions of this §1.4 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.5"><num value="1.5">§1.5</num><heading>Coordinating Board Committees</heading><content>(a) The chair of the Board shall appoint committees from the Board's membership as appropriate to conduct the business of the Board and shall designate the chair and vice chair of each committee.(b) A committee meeting may be called by the committee chair. The designated committee chair shall conduct each committee meeting.(c) Committees will adopt recommendations on the agenda items for consideration by the Board. In the event a decision cannot be reached by a committee on any agenda item, the Board will consider that agenda item without a recommendation from the committee.(d) Each member of the Board may participate in all committee meetings. However, only committee members may vote on committee actions.</content><note type="source"><p>Source Note: The provisions of this §1.5 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective November 29, 2007, 32 TexReg 8482.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.6"><num value="1.6">§1.6</num><heading>Advisory Committees</heading><content>(a) The Board may appoint advisory committees from outside the Board's membership to advise the Board as it may deem necessary.(b) The use of advisory committees by the Board shall be in compliance with the provisions of Texas Government Code, Chapter 2110 regarding the composition and duration of committees, the reimbursement of committee members expenses, the evaluation of committees, and the reporting to the Legislative Budget Board.(c) An advisory committee is automatically abolished on the fourth anniversary of the date of its creation unless it has a specific duration prescribed by statute or the Board reestablishes the committee. A written statement shall be prepared by the Commissioner or his or her designee for each advisory committee setting forth the purpose of the committee, the task of the committee, the manner in which the committee will report to the Board, the date on which the committee is created, and the date on which the committee will automatically be abolished. The written statements shall be maintained on file in the Board offices.(d) Purpose and Duties of Advisory Committees. The purpose of an advisory committee shall be to give the Board the benefit of the members' collective technical expertise and experience with respect to matters within the Board's jurisdiction. An advisory committee's sole duty is to advise the Board. An advisory committee has no executive or administrative powers or duties with respect to the operation of the Board, and all such powers and duties rest solely with the Board. The specific purposes and tasks of an advisory committee subject to this subchapter shall be identified in Board rules.(e) Composition of Advisory Committees.(1) The composition of advisory committees created by the Board, including subcommittees or workgroups with non-advisory committee members, shall contain no more than 24 members in compliance with the requirements of Texas Government Code, Chapter 2110.(2) The Board shall make reasonable attempts to provide balanced, geographic representation, consonant with Texas Government Code, Chapter 2110, on all advisory committees. A rule or other action may not be challenged because of the composition of an advisory committee.(3) This section does not apply to an advisory committee to the extent that:(A) another state law specifically states that Texas Government Code, Chapter 2110 does not apply; or(B) a federal law or regulation:(i) imposes an unconditional requirement that irreconcilably conflicts with the requirements of Texas Government Code, Chapter 2110; or(ii) imposes a condition on the state's eligibility to receive money from the federal government that irreconcilably conflicts with Texas Government Code, Chapter 2110.(f) Membership Terms. Except as otherwise provided by law, advisory committee members shall serve terms as determined by the Board.(g) Membership. The Board shall solicit nominations and make appointments from such nominations for membership on advisory committees from presidents and chancellors, or the respective designee. For advisory committees that include members not associated with an institution of higher education, the Board shall solicit nominations from appropriate entities, such as stakeholder organizations whose membership consists of the type of representative the advisory committee is seeking. Except as otherwise provided by law, all members of advisory committees are appointed by and serve at the pleasure of the Board. Board members may not serve on advisory committees. If an advisory committee member resigns, is no longer associated with the nominating institution or entity, dies, becomes incapacitated, is removed by the Board, otherwise vacates his or her position, or becomes ineligible prior to the end of his or her term, the Board may appoint a replacement who shall serve the remainder of the unexpired term.(h) Attendance. A record of attendance at each meeting of advisory committees shall be made. Except as otherwise provided by law, if a member of an advisory committee misses three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period, without approval by a majority vote of the Board, that member automatically vacates his or her position on the advisory committee and the Board may make an appointment to fill the remainder of the unexpired term of the vacancy.(i) Reimbursement. Members of advisory committees shall not be reimbursed for expenses except as authorized by Texas Government Code chapter 2110.(j) Presiding Officer. Except as otherwise provided by law, each advisory committee shall select from its members a presiding officer, who shall report the committee's recommendations to the Board. The Board may, at its discretion, appoint other officers of advisory committees or allow committee members to elect other officers at their pleasure.(k) Manner of Reporting. Advisory committees shall report any recommendations directly to the Board at a Board meeting determined in consultation with agency staff, including the Commissioner of Higher Education. Advisory committees shall also provide an annual or biennial report to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities.(l) Subcommittees or Workgroups. Advisory committees may organize themselves into subcommittees or workgroups. One member of each subcommittee or workgroup shall serve as the chairperson. Subcommittee or workgroup chairs shall make written reports regarding their work to the presiding officer of the advisory committee. A subcommittee or workgroup of an advisory committee may include members who are not members of the advisory committee, but must include at least one member of the advisory committee.(m) Meetings. Advisory committees shall meet at the call of the presiding officer or the Board. All advisory committee and subcommittee meetings shall be open to the public and broadcasted via the web, unless prevented by technical difficulties.(n) Monitoring of Advisory Committees and Records.(1) The Board shall monitor the activities of advisory committees.(2) Agency staff shall record and maintain the minutes of each advisory committee and subcommittee meeting. The staff shall maintain a record of actions taken and shall distribute copies of approved minutes and other committee documents to the Board and to advisory committee members on a timely basis.(3) Minutes kept for advisory committee meetings and reports required under subsection (k) of this section shall be maintained in a form and location that is easily accessible to the public, including making the information available on the Board's website.(o) In the case of a conflict between this rule and a more specific rule in Title 19, Part 1, Chapter 1, governing an advisory committee or subcommittee, the more specific rule governing that committee or subcommittee shall apply.</content><note type="source"><p>Source Note: The provisions of this §1.6 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective December 2, 2013, 38 TexReg 8650; amended to be effective June 6, 2016, 41 TexReg 3995; amended to be effective May 17, 2021, 46 TexReg 3121.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.7"><num value="1.7">§1.7</num><heading>Petition for the Adoption of Rules</heading><content>(a) An interested person by petition to the agency may request the adoption, amendment, or repeal of a rule.(b) A petition under this section shall be in writing and shall contain:(1) a specific reference to the agency's statutory authority to enact such a rule;(2) the chapter and subchapter of the agency's rules in which, in the petitioner's opinion, the rule belongs;(3) the reason that the petitioner believes the proposed rule is needed or desirable, in narrative form, with sufficient particularity to inform the board and any interested party fully of the facts upon which petitioner relies;(4) the language that the petitioner proposes for adoption, in the exact form in which the petitioner wishes the rule or rules to be promulgated, published, or adopted;(5) the petitioner's name, address, phone number, and signature. If the petitioner is represented by an attorney, the attorney shall give his or her bar card number, address, phone number, and fax number.(c) The petition shall be served upon the Commissioner by personal delivery or by certified mail, with return receipt requested, or by other verifiable delivery service. A certificate evidencing service shall be included in the petition.(d) Upon receipt of the petition for adoption of rule, the petition shall be referred to the agency's General Counsel for a determination whether the prerequisites found herein have been met.(1) If the General Counsel finds that the petition prerequisites have been met, he or she shall refer the matter to the ADR coordinator for scheduling and reporting purposes, and to the Assistant Commissioner whose Division has jurisdiction over the subject matter of the proposed rule or rules for response. Not later than the 60th day after the date of submission of a petition under this section, the Assistant Commissioner to whom the matter was assigned shall:(A) either:(i) deny the petition in writing, stating its reasons for the denial; or(ii) initiate a rulemaking proceeding under this subchapter; and(B) report the determination to the ADR coordinator.(2) If the General Counsel finds that prerequisites have not been met, he or she shall notify the petitioner in writing that the petition fails to meet the prerequisites herein, and the manner in which it failed.</content><note type="source"><p>Source Note: The provisions of this §1.7 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.8"><num value="1.8">§1.8</num><heading>Historically Underutilized Business (HUBs) Program</heading><content>In accordance with the Government Code, §2161.003, the Board adopts by reference the rules of the Comptroller, found at Title 34 Texas Administrative Code, §§2.281 - 2.298, concerning the Historically Underutilized Business (HUB) Program. For purposes of implementing the Comptroller's rules at the board, references to state agency or agency shall be considered to be a reference to the board.</content><note type="source"><p>Source Note: The provisions of this §1.8 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective August 15, 2024, 49 TexReg 5952.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.9"><num value="1.9">§1.9</num><heading>Training for Members of Governing Boards and Board Trustees</heading><content>(a) The Board shall provide a training program for members of institutional governing boards in accordance with provisions set forth in Texas Education Code, §61.084 and §61.0841.(b) The Board may prescribe an alternative training program for members of governing boards as permitted in §61.084.(c) A registration fee will be paid by training program participants in an amount adequate to cover the costs incurred by the Board and any other state agencies the Board enlists in providing the program. Such amount will be determined prior to each training program.(d) The Board shall provide, as part of the training program, an intensive short orientation course developed under Texas Education Code, §61.0841. The orientation course shall be offered as an online interactive course and may also be offered in the form of a written document or in a one-on-one or group setting.(e) A governing board member of a public institution of higher education who holds an appointive position must attend such intensive short orientation course developed under Texas Education Code §61.0841 as well as any available training course sponsored or coordinated by the Office of the Governor with a curriculum designed for training newly appointed state officers, board members, or high-level executive officials. A governing board member holding an appointive position must attend those courses the first time they are offered following the date the member takes the oath of office. A governing board member may have additional time to attend such courses if the member for good cause is unable to attend the courses the first time they are offered.(f) Any member of the governing board of an institution of higher education who holds an appointive position and whose first year of service on the governing board begins on or after January 1, 2016, shall not vote on a budgetary or personnel matter related to system administration or institutions of higher education until the member completes the intensive short orientation course developed under Texas Education Code, §61.0841.(g) The Board is responsible for documenting governing board members' completion of the training program requirements.</content><note type="source"><p>Source Note: The provisions of this §1.9 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective February 22, 2016, 41 TexReg 1226.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.11"><num value="1.11">§1.11</num><heading>Protest Procedures for Resolving Vendor Protests Relating to Purchasing Issues</heading><content>(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Deputy Commissioner for Agency Operations and Communications (Deputy Commissioner). Such protests must be in writing and received in the Deputy Commissioner's office within 10 working days after such aggrieved person knows, or reasonably should have known, of the occurrence of the action which is protested, unless the director finds that good cause for delay is shown, or determines that a protest or appeal raises issues significant to the agency's procurement practices or procedures.(b) Formal protests must conform to the requirements of this subsection and subsection (d) of this section. Copies of the protest must be mailed or delivered by the protestant to the other interested parties. For the purposes of this section, "interested parties" are all vendors who have submitted bids or proposals for the contract involved. Names and addresses of all interested parties may be obtained by sending a written request for this information to the Deputy Commissioner.(c) In the event of a timely protest or appeal under this section, the agency shall not proceed further with the solicitation or with the award of the contract unless the Deputy Commissioner makes a written determination that the expeditious award of contract is necessary to protect substantial interests of the state. A copy of this determination shall be mailed to the protestant.(d) A formal protest petition must be sworn and must contain:(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) an identification of the issue or issues to be resolved;(5) argument and authorities in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to the other interested parties.(e) The Deputy Commissioner shall have the authority to resolve the dispute concerning the solicitation or award of a contract. The Deputy Commissioner may solicit written responses to the protest petition from other interested parties, and if such a request is made, the protestant shall be given notice of the Deputy Commissioner's request and of any written responses to the request that are received.(f) If the protest is not resolved by mutual agreement, the Deputy Commissioner shall issue a written determination on the protest.(1) If the Deputy Commissioner determines that no violation of rules or statutes has occurred, the protestant and other interested parties shall be informed by a letter that sets forth the reasons for the determination.(2) If the Deputy Commissioner determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, the protestant and other interested parties shall be informed by a letter that sets forth the reasons for the determination and the remedial action, if any, determined to be appropriate.(3) If the Deputy Commissioner determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the protestant and other interested parties shall be informed by a letter which sets forth the reasons for the determination and the remedial action, if any, determined to be appropriate. In such a case, the Deputy Commissioner has the authority to declare the contract void. If the contract is declared void, this fact shall be included in the determination letter.(g) The Deputy Commissioner's determination on a protest may be appealed by an interested party to the Commissioner of Higher Education (Commissioner). An appeal of the Deputy Commissioner's determination must be in writing and must be received in the Commissioner's office no later than 10 working days after the date of the Deputy Commissioner's determination. An appeal of the determination shall be limited to those issues raised in the protest petition and the determination letter. Copies of the appeal must be mailed or delivered by the appealing party to the other interested parties and must contain a sworn statement that such copies have been provided.(h) The Commissioner shall review the information provided as described in subsection (d) of this section as well as the Deputy Commissioner's requests for input, and any written responses previously received from other interested parties, the written determination, and the appeal, and shall issue a written decision on the protest determination appeal.(i) A decision issued in writing by the Commissioner shall be the final administrative action of the agency.(j) In performing their duties under this section, the Commissioner and the Deputy Commissioner may consult with the Comptroller of Public Accounts as well as Board employees, including the office of the General Counsel of the Board, concerning the dispute.</content><note type="source"><p>Source Note: The provisions of this §1.11 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective March 5, 2015, 40 TexReg 918.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.12"><num value="1.12">§1.12</num><heading>Foreign Travel</heading><content>Appropriated funds may not be used to pay expenses for a trip to foreign countries, except for Canada and Mexico, unless the Board has approved the travel before departure. The Board delegates the authority to approve foreign travel to the Commissioner of Higher Education. The Commissioner shall report annually to the Governor's Office of Budget and Planning and the Legislative Budget Board on all foreign travel and the required approvals.</content><note type="source"><p>Source Note: The provisions of this §1.12 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.13"><num value="1.13">§1.13</num><heading>Internal Auditor and Compliance Monitoring</heading><content>(a) Internal Auditor.(1) The Board shall appoint an internal auditor.(2) The internal auditor shall report directly to the Board on all matters except for those administrative matters that require the decision of the Commissioner.(3) The Board shall receive the advice and counsel of the Commissioner regarding matters of termination, discipline, transfer, or reclassification or changes in powers, duties or responsibilities of the internal auditor.(4) The internal auditor shall develop an annual audit plan, conduct audits as specified in the audit plan and document deviations, and discuss audit reports with the Administration and Financial Planning Committee of the Board.(5) The internal auditor shall provide all audit reports directly to the Board.(b) Compliance Monitoring.(1) Definitions. The following words and terms, when used in this section, shall have the following meaning:(A) Board--The Texas Higher Education Coordinating Board.(B) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(C) Institution of Higher Education--Defined in Texas Education Code, §61.003.(D) Private or Independent Institution of Higher Education--Defined in Texas Education Code, §61.003.(E) Student Financial Assistance--Includes grants, scholarships, loans, and work study.(F) Desk review--An administrative review by the Board that is based on information reported by an institution of higher education or private or independent institution of higher education, including supplemental information required by the Board for the purposes of compliance monitoring, except that the term does not include information or accompanying notes gathered by the Board during a site visit.(G) Site visit--An announced or unannounced in-person visit by a representative of the Board to an institution of higher education or private or independent institution of higher education for the purposes of compliance monitoring.(2) Purpose. The purpose of the Board's risk assessment process and compliance methodologies is to maximize the effectiveness of monitoring funds allocated by the Board and data reported to the Board. The agency-wide, risk-based compliance monitoring function is established for:(A) funds allocated by the Board to institutions of higher education, private or independent institutions of higher education, and other entities, including student financial assistance funds, academic support grants, and any other grants, to ensure that those funds are distributed in accordance with applicable law and Board rule; and(B) data reported by institutions of higher education to the Board and used by the Board for funding or policymaking decisions, including data used for formula funding allocations, to ensure the data are accurately and consistently reported.(3) After considering potential risks and the Board's resources, the Board shall review a reasonable portion of the total funds allocated by the Board and of data reported to the Board. The Board shall use various levels of monitoring, according to risk, ranging from checking reported data for errors and inconsistencies to conducting comprehensive audits, including site visits. Audit methodology shall be commensurate with the assessed risk.(4) The Board's risk-based approach shall be implemented to address the diversity of institutions of higher education and private or independent institutions of higher education in Texas. The Board shall develop audit and compliance monitoring methodologies, such as Desk Reviews and data analysis, that are commensurate with assessed risk and that are reflective of institutional differences. The Board's risk-based approach to compliance monitoring shall consider the following factors relating to an institution of higher education or private or independent institution of higher education:(A) the amount of student financial assistance or grant funds allocated to the institution by the Board;(B) whether the institution is required to obtain and submit an independent audit;(C) the institution's internal controls;(D) the length of time since the institution's last desk review or site visit;(E) past misuse of funds or misreported data by the institution;(F) in regard to data verification, whether the data reported to the Board by the institution is used for determining funding allocations; and(G) other factors as considered appropriate by the Board.(5) The annual compliance monitoring plan that results from the Board's risk assessment shall be presented to the Board's Agency Operations Committee each July, seeking approval of the plan for the following fiscal year. Significant changes to the annual plan that may occur during each fiscal year shall be presented for ratification at the next scheduled Agency Operations Committee meeting.(6) The Board shall train compliance monitoring staff to ensure that the staff has the ability to monitor both funds compliance and data reporting accuracy. Program staff in other Board divisions who conduct limited monitoring and contract administration shall coordinate with the compliance monitoring function to identify risks and avoid duplication.(7) If the Board determines through its compliance monitoring function that funds awarded by the Board to an institution of higher education or private or independent institution of higher education have been misused or misallocated by the institution, the Board shall present its determination to the institution's governing board and chief executive officer, or to the institution's chief executive officer if the institution is a private or independent institution of higher education, and provide an opportunity for a response from the institution. Following the opportunity for response, the Board shall report its determination and the institution's response, together with any recommendations, to the institution's governing board or chief executive officer, as applicable, the governor, and the Legislative Budget Board.(8) If the Board determines through its compliance monitoring function that an institution of higher education has included errors in the institution's data reported for formula funding, the Board:(A) for a public junior college, may adjust the appropriations made to the college for a fiscal year as necessary to account for the corrected data; and(B) for a general academic teaching institution, a medical and dental unit, or a public technical institute, shall calculate a revised appropriation amount for the applicable fiscal year based on the corrected data and report that revised amount to the governor and Legislative Budget Board for consideration as the basis for budget execution or other appropriate action, and to the comptroller.(9) To the extent not prohibited by law or other external provision, the Board shall eliminate requirements of institutions to conduct audits of funds administered by the Board as defined in this subsection. In conducting the compliance monitoring function, the Board may partner with internal audit offices at institutions of higher education and private or independent institutions of higher education, as institutional resources allow, to examine the institutions' use of funds allocated by, and data reported to, the Board. To avoid duplication of effort and assist the Board in identifying risk, an internal auditor at an institution shall notify the Board of any audits conducted by the auditor or other third party auditors involving funds administered by the Board or data reported to the Board, as defined in this subsection. Such notification shall include a copy of the final audit report being sent to the Board's Director, Internal Audit and Compliance, within 30 days of the date such final audit reports are sent to the institution's governing board and/or chief executive officer, the Texas State Auditor's Office, the Governor's Office, the Legislative Budget Board, or other similar stakeholders. The final audit report should be addressed to: Texas Higher Education Coordinating Board, Director, Internal Audit and Compliance, 1200 East Anderson Lane, Austin, Texas 78752.(10) Private or independent institutions of higher education must provide to the Board the institution's external audit involving funds administered by the Board. The private or independent institution of higher education's external audit must comply with the Board's rules under this subchapter for auditing those funds.(11) The Board may seek technical assistance from the state auditor in establishing the compliance monitoring function. The state auditor may periodically audit the Board's compliance monitoring function as the state auditor considers appropriate.</content><note type="source"><p>Source Note: The provisions of this §1.13 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective March 4, 2014, 39 TexReg 1360.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.15"><num value="1.15">§1.15</num><heading>Authority of the Commissioner to Propose Board Rules</heading><content>The Board authorizes the Commissioner to approve proposed Board rules for publication in the Texas Register. The Commissioner may refer proposed rules for consideration by Coordinating Board committees established pursuant to §1.5 of this title (relating to Coordinating Board Committees) or for consideration by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.15 adopted to be effective May 12, 2005, 30 TexReg 2660.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.16"><num value="1.16">§1.16</num><heading>Contracts, Including Grants, for Materials and/or Services</heading><content>(a) The Board delegates to the Commissioner authority to approve and enter into all payable and receivable Agreements, including contracts, grants, and other agreements, and interagency contracts for which the Agreement, inclusive of all amendments, totals $5 million or less.(1) The Commissioner is authorized to approve and sign all Agreements that total up to $5 million, inclusive of all amendments subject to the notification requirements in paragraph (2) of this subsection.(2) The Commissioner shall provide written notification to the Board Chair, Board Vice Chair, and Chair of the Agency Operations committee of any Agreement that totals $1 million or more, inclusive of all amendments, prior to execution of the Agreement.(3) For each contract for the purchase of goods or services that has a value exceeding $1 million, there must be contract reporting requirements that provide information on the following:(A) compliance with financial provisions and delivery schedules under the contract;(B) corrective action plans required under the contract and the status of any active corrective action plan; and(C) any liquidated damages assessed or collected under the contract.(D) Verification is required of:(i) the accuracy of any information reported under this subsection that is based on information provided by a contractor; and(ii) the delivery time of goods or services scheduled for delivery under the contract.(b) Any Agreement exceeding $5 million, inclusive of all amendments, requires Board approval prior to execution of the contract or other Agreement, except those described in paragraph (1) of this subsection. The Commissioner is authorized to sign an Agreement or amendment that totals more than $5 million that has been approved by the Board.(1) Agreements exceeding $5 million that the agency is required by law to enter into, i.e., those that are appropriated to the agency as non-discretionary funding to a third party, do not require Board approval and are delegated to the Commissioner for approval and signature.(2) For each contract for the purchase of goods or services that has a value totaling $5 million or more, the procurement director must:(A) verify in writing that the solicitation and purchasing methods and contractor selection process comply with state law and agency policy; and(B) submit to the Board information on any potentially significant issue that may arise in the solicitation, purchasing, or contractor selection process.(c) In addition to the Commissioner, the following employees have authority to approve an Agreement:(1) A Deputy or Associate Commissioner if the Agreement, inclusive of all amendments, totals $100,000 or less.(2) An Assistant Commissioner, in addition to a Deputy or Associate Commissioner, with primary oversight of a particular Agreement if the Agreement, inclusive of all amendments, totals $10,000 or less.(d) The Commissioner shall provide a report to the Board, at least quarterly, describing all Agreements entered into by the agency during the preceding quarter, the total of which, inclusive of all amendments, is $10,000 or greater.(e) The Board shall, in an open meeting, consider any material change to all contracts for goods or services awarded under Texas Government Code, Chapter 2155. A material change to a contract includes extending the length or postponing the completion of a contract for six months or more; or increasing the total consideration to be paid under a contract by at least 10 percent, including by substituting certain goods, materials, products, or services. Goods are supplies, materials, or equipment. Services are the furnishing of skilled or unskilled labor or professional work but do not include a professional service subject to Subchapter A, Chapter 2254, Texas Government Code, service of a state employee, consulting service or service of a consultant as defined by Subchapter B, Chapter 2254, or the service of a public utility.(f) Agency staff shall utilize THECB's Procurement and Contract Management Handbook or Grant Management guidelines and the THECB's Risk Assessment tool to determine which Agreements require enhanced contract or grant monitoring.</content><note type="source"><p>Source Note: The provisions of this §1.16 adopted to be effective May 19, 2022, 47 TexReg 2857.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.17"><num value="1.17">§1.17</num><heading>Authority of the Commissioner to Provide Direct Supervision of the Education Research Centers</heading><content>The Board authorizes the Commissioner to provide direct supervision of the Education Research Centers created by Texas Education Code §1.005.</content><note type="source"><p>Source Note: The provisions of this §1.17 adopted to be effective February 18, 2007, 32 TexReg 526.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.18"><num value="1.18">§1.18</num><heading>Operation of Education Research Centers</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) FERPA means the Family Educational Rights and Privacy Act, 42 U.S.C. §1232g, including regulations and informal written guidance issued by the United States Department of Education and any amendments or supplementation thereof.(2) Cooperating Agencies means the Texas Education Agency (TEA), the Texas Higher Education Coordinating Board (CB), and the Texas Workforce Commission (TWC).(3) P-20/Workforce Data Repository refers to the collection of data from each Cooperating Agency. The cooperating agencies shall execute agreements for the sharing of data for the purpose of facilitating the studies or evaluations at Education Research Centers (ERCs). In accordance with the agreements, each cooperating agency shall make available all appropriate data, including to the extent possible data collected by the cooperating agency for at least the preceding 20 years. A cooperating agency shall periodically update the data as additional data is collected, but not less than once each year. The repository shall be operated by the CB.(4) The CB may enter into data agreements for data required for approved studies or evaluations with the state education agency of another state, giving priority to the agencies of those states that send the highest number of postsecondary education students to this state or that receive the highest number of postsecondary education students from this state. An agreement under this paragraph must be reviewed by the United States Department of Education and must require the agency of another state to comply with all data security measures required of a center. The CB may also enter into data agreements with local agencies or organizations that provide education services to students in this state or that collect data that is relevant to current or former students of public schools in this state and is useful to the conduct of research that may benefit education in this state.(5) Confidential information as applied to data in the P-20/Workforce Data Repository provided to an ERC includes all individual-level data, including any data cells small enough to allow identification of an individual. All data cells containing between one and four individuals, inclusive, are confidential.(A) Small data cells will be considered any cell containing between one and four individuals inclusive. Information may not be disclosed where small data cells can be determined through subtraction or other simple mathematical manipulations or subsequent cross-tabulation of the same data with other variables. Institutions may use any of the common methods for masking including:(i) hiding the small cell and the next larger cell on the row and column so the size of the small cell cannot be determined; or(ii) hiding the small cell and displaying the total for both the row and column as a range of at least ten; or(iii) any methodology approved by the cooperating agencies.(B) References to the CB shall also be deemed to include the Commissioner of Higher Education. References to the TEA shall also be deemed to include the Commissioner of Education. References to the TWC shall also be deemed to include the Workforce Commissioners.(b) Purpose.(1) ERCs shall be established by the CB. An ERC may only be established at a sponsoring public institution of higher education in Texas but may be awarded to a consortium of such institutions. An ERC must be physically located within Texas and must retain all data at that location except for secure off-site data back-up in accordance with written procedures approved by the Advisory Board. Individual level data from the ERC P-20/Workforce Data Repository may not be provided to a researcher except in the following ways:(A) individual level data may be provided to a researcher at a Research Center or the CB or a public institution of higher education located in Texas that is an acknowledged consortium member of the ERC; or(B) individual level data may be accessed by approved researchers via secure, restricted, VPN remote access provided all other provisions of this chapter are met and established policies are followed regarding additional controls.(2) The CB is responsible for general oversight and technical assistance of ERCs, except as otherwise provided in this chapter. All policy decisions shall be approved by the CB.(3) Sponsoring institutions of higher education are responsible for all equipment, salaries and other operating costs of an ERC, including documented staff time and equipment at TEA and the CB necessary to prepare and maintain data for the ERCs, as well as reasonable reimbursable expenses of the Advisory Board. Costs will include actual documented expenses up to two full-time equivalent employees at TEA and CB along with associated data storage costs as set by DIR for the data center consolidation rates unless otherwise agreed to by the CB and the ERCs.(4) The ERCs may provide researchers access to shared data only through secure methods and require each researcher to execute an agreement regarding compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. §1232g) and rules and regulations adopted under that Act. Each ERC shall adopt rules or policies to protect the confidentiality of information used or stored at the center in accordance with applicable state and federal law, including rules or policies establishing procedures to ensure that confidential information is not duplicated or removed from an Education Research Center or from a remote access interface in an unauthorized manner.(c) Advisory Board.(1) The Commissioner of Higher Education shall create and maintain an advisory board to review and approve, as it deems appropriate, research involving access to confidential information and to adopt policies and rules governing the protection of such information in ERC operations. The Advisory Board is considered to be a governmental body for purposes of Chapters 551 and 552 of the Texas Government Code.(2) Membership of the Advisory Board shall include, at a minimum:(A) the Commissioner of Higher Education, as Chair;(B) a representative of TEA, designated by the Commissioner of Education;(C) a representative of the CB, designated by the Commissioner of Higher Education;(D) a representative of the TWC, designated by the Commission;(E) the Director or Director's designee of each ERC; and(F) a representative of preschool, elementary, or secondary education, designated by the Commissioner of Higher Education.(G) Additional member(s) may be appointed within the discretion of and as determined by the Commissioner of Higher Education.(3) The Advisory Board will review each study or evaluation proposal. A study or evaluation proposal must be approved in advance by majority vote of the Advisory Board before it can be conducted at an ERC. The Advisory Board's review of a proposal must include the following factors:(A) the potential to benefit education in Texas;(B) require each ERC Director or designee to approve of the research design and methods to be used; and(C) the extent to which the required data is not readily available from another source.(4) The Advisory Board will decide if a submitted proposal falls under the "studies" exception or the "audit/evaluation" exception described in FERPA and its implementing regulations. Should a proposed study or evaluation not be permitted by FERPA or its implementing regulations, the proposal will be denied.(5) Each ERC will enter into a written agreement with each researcher mandating the researcher's compliance with FERPA.(6) The Advisory Board shall meet at the call of the Chair at least quarterly each year and such meetings will be open to the public.(7) Meetings may be conducted by electronic means, including telephonic, video conference call, Internet, or any combination of those means.(8) The Advisory Board may create committees and subcommittees as it deems necessary or appropriate.(d) Operation.(1) An ERC may operate only under written authorization by the CB. Status as an ERC may not be assigned, delegated or transferred to any other entity.(2) An ERC shall be led by a managing Director who is a professional employee of the sponsoring institution of higher education (IHE). The managing Director shall report directly to the chief operating officer of the sponsoring IHE unless a different reporting structure is approved by the CB.(3) All research at an ERC involving access to confidential information shall be conducted with the approval of the Advisory Board or by request of the Texas Workforce Commission, Commissioner of Higher Education or the Commissioner of Education if the requesting agency provides sufficient funds to the ERC to finance the project. All remote access research at an ERC involving access to confidential information shall be conducted with the approval of the Advisory Board.(4) Confidential information provided to an ERC shall be protected by procedures to ensure that any unique identifying number is not traceable to any individual. Such procedures must be maintained as confidential by TEA and the CB and may not be shared with an ERC, or used for any other purpose. Under no circumstances may social security numbers, names, or birthdates be accessed for the purpose of research at an ERC.(5) ERCs shall adopt written procedures for research conducted using confidential information, subject to FERPA and its implementing regulations and approval by the Advisory Board. An ERC may not access confidential information until all such procedures are approved. Such procedures shall include:(A) measures to ensure against unauthorized disclosure of confidential information;(B) independent review of all research products/results by a designated ERC staff person not involved in that specific project to ensure against unauthorized disclosure of confidential information in accordance with guidelines adopted under FERPA;(C) measures to ensure that confidential information is not copied or removed from the ERC;(D) annual certification of full compliance with all requirements of state and federal laws and regulations regarding the use of confidential information for research purposes by the internal auditor of each participating IHE;(E) before final approval of a research proposal by the Advisory Board, the researcher must certify that the research proposal complies with the IHE's institutional review board or similar research review board with oversight over research design, including any applicable requirements for research involving human subjects the ERC shall provide evidence of approval from the IRB or justification for exclusion from the IRB process before a researcher has access to any data; and(F) criteria for allocating research access capacity for researchers not affiliated with the sponsoring IHEs.(6) All final research reports or analysis produced at an ERC shall:(A) be made available upon request to the cooperating agencies;(B) a single copy shall be made available to the cooperating agencies for any copyright publications at no cost to the cooperating agencies; institutionally produced or non-copyright publications shall be available for public distribution, copying or reproduction at no cost to the cooperating agencies;(C) contain a disclaimer in a form acceptable to the cooperating agencies stating that the conclusions of the research do not necessarily reflect the opinion or official position of those entities or of the State of Texas;(7) An ERC shall comply with the requirements of the Texas Public Information Act, including requirements relating to data manipulation. Charges for processing Public Information Act requests shall be based on guidelines developed by the Texas Attorney General's Office.(8) A sponsoring IHE shall cooperate fully with all audit requests made by the CB or the Advisory Board. Each ERC shall annually request and undergo a security audit performed by the Texas Department of Information Resources, or a contractor approved by that Department, which shall include a penetration test of computer equipment and access, and provide the results thereof to the CB.(9) Research projects that require access to data not then included in the database maintained by the CB for research will be provided by the cooperating agencies if available. An ERC will be charged the cost to process or manipulate such data.(e) Sanctions and Termination.(1) Upon a determination that confidential information has been released or has been copied to another location, or that appropriate security measures are not in place to protect confidential information, the CB may, in addition to other remedies set forth in this section, require an ERC to obtain appropriate services or equipment or to remove confidential information from such other location in order to remedy a security deficit. Such services or equipment shall be purchased by the ERC from vendors subject to approval of the CB.(2) The ERC under review shall be required to pay all reasonable costs to the CB for time necessary to re-audit and ensure appropriate security measures are in place after a possible breech occurs.(3) An ERC may be terminated by the CB for failure to meet the requirements of state or federal law, of this subchapter, or of the terms of a contract establishing the ERC. An ERC shall be entitled to an informal review of a determination to terminate its status by a designee of the Commissioner of Higher Education prior to the effective date of the termination. An ERC shall return all confidential data to the CB within five (5) days of its receipt of a notice of termination and shall not retain a copy, replica, or duplicate thereof, whether in whole or in part. The Commissioner of Higher Education may suspend an ERC while determining whether the ERC's failure to meet the requirements of state or federal law, of this subchapter, or of the terms of a contract establishing the ERC are of such significance to warrant termination. An ERC may not operate during any period of time it is suspended.(4) Notice of termination under paragraphs (1) and (2) of this subsection shall be provided to the ERC's designated representative and shall contain information regarding the reasons for the termination.(5) A termination made pursuant to this section shall become final and binding unless, within 30 days of its receipt of the notice of termination, the ERC invokes the administrative remedies contained in Subchapter B of this chapter (relating to Dispute Resolution). If this chapter is so invoked, any ultimate recommendations regarding termination shall be made to the CB which, in turn, shall render its decision in due course. The ERC shall be suspended during the pendency of any such proceedings.(f) Security.(1) An ERC must comply with all requirements of FERPA in accessing confidential information to conduct research. Notwithstanding any other provision in this subchapter, failure to maintain adequate security to avoid the unauthorized disclosure of confidential information provided to the ERC shall be grounds for immediate termination of the authorization to access such data.(2) The CB may suspend access to confidential information provided to an ERC based on a significant risk of unauthorized disclosure of confidential information.</content><note type="source"><p>Source Note: The provisions of this §1.18 adopted to be effective August 15, 2007, 32 TexReg 4968; amended to be effective February 18, 2008, 33 TexReg 1324; amended to be effective November 21, 2013, 38 TexReg 8191; amended to be effective June 6, 2016, 41 TexReg 3995; amended to be effective August 16, 2020, 45 TexReg 5510.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scA/s1.19"><num value="1.19">§1.19</num><heading>Education and Training of Board Administrators and Employees</heading><content>The Texas Higher Education Coordinating Board values its administrators and employees and encourages lifelong learning and professional development through education and training pursuant to the State Employees Training Act, Texas Government Code §§656.041 - 656.104 and successor sections. The eligibility of the agency's administrators and employees for training and education provided by the agency, and the obligations, including restrictions and potential liability, assumed by administrators and employees on receiving such training and education, shall be as set forth in the Board's policies.</content><note type="source"><p>Source Note: The provisions of this §1.19 adopted to be effective August 26, 2009, 34 TexReg 5675.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scAA"><num value="AA">SUBCHAPTER AA</num><heading>SICK LEAVE POOL</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scAA/s1.900"><num value="1.900">§1.900</num><heading>Sick Leave Pool for Board Employees</heading><content>(a) The Texas Higher Education Coordinating Board values its employees and, pursuant to Texas Government Code Chapter 661, Leave, Subchapter A, State Employee Sick Leave Pool, an agency sick leave pool shall be administered to assist employees and their immediate families in dealing with catastrophic illnesses or injuries that force employees to exhaust all of their available leave. The eligibility of the agency's employees to withdraw time from the sick leave pool and any concomitant obligations assumed by employees in order to receive such leave, shall be as set forth in the Board's policies.(b) The sick leave pool program shall be administered by the Commissioner of Higher Education or his or her designee.</content><note type="source"><p>Source Note: The provisions of this §1.900 adopted to be effective August 17, 2015, 40 TexReg 5150.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scB"><num value="B">SUBCHAPTER B</num><heading>DISPUTE RESOLUTION</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.20"><num value="1.20">§1.20</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Administrative Law Judge (ALJ)--The person appointed by the State Office of Administrative Hearings (SOAH) to hear a contested case and to propose findings of fact and conclusions of law, under §2003.041 of the Texas Government Code, for adoption by the Board, regarding a determination that has been made by the Commissioner with which the party disagrees.(2) ADR--Alternative dispute resolution. A nonjudicial, informally conducted forum for the voluntary settlement of contested matters through the intervention of an impartial third party.(3) Alternative dispute resolution coordinator or ADR coordinator--The agency employee appointed by the Commissioner to coordinate and oversee ADR procedures and mediators.(4) Board--The Texas Higher Education Coordinating Board; as used in this subchapter, "Board" means the agency acting through its voting members in a decision-making capacity.(5) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents, as distinguished from the agency acting through Board members in a decision-making capacity.(6) Contested Case--A circumstance in which the Board or Commissioner shall allow a full evidentiary hearing as provided under the APA and this subchapter, if the right is properly invoked. In such a case, the Board shall finally determine the rights, duties, or privileges of the party. Right to a hearing is established only by explicit statutory provisions or by rules found in Title 19 of the Texas Administrative Code. There is no statute in the Texas Education Code, or rule herein, which requires the Commissioner to initiate a contested case hearing in the absence of a written petition for same, as defined herein.(7) Contested Case Status--The condition that is established by a person who has a right to a contested case hearing, by the filing of a properly pled petition.(8) Mail or mailed--Deposit(ed) into United States mail, certified, return receipt requested, unless otherwise provided by this subchapter. In determining the timeliness of a pleading, a postmark shall be evidence of the date of mailing, and the markings on a green card or on certified mail shall be evidence of the date of receipt. Certified mail that is refused or not claimed shall be considered received upon the earliest date of notice. When a document has been placed into United States mail, certified, return receipt requested, it shall be assumed that it was received on the third day after it was mailed, in the absence of a showing otherwise.(9) Mediator--The person appointed by the Board's ADR coordinator to preside over an ADR proceeding, regardless of which ADR method is used.(10) Participant--When used in relation to ADR, the Commissioner, the Board's counsel, a respondent in a contested case, and his or her attorney; or if parties have been named, the named parties.(11) Party--Each person or agency named or admitted as a party to a hearing.(12) Private mediator--A person in the profession of mediation who is not a Texas state employee and who has met all the qualifications prescribed by Texas law for mediators(13) SOAH--The State Office of Administrative Hearings</content><note type="source"><p>Source Note: The provisions of this §1.20 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.21"><num value="1.21">§1.21</num><heading>Scope and Purpose</heading><content>(a) This subchapter, along with applicable provisions of the Administrative Procedure Act (Chapter 2001.051-2001.902 of the Texas Government Code), the Negotiated Rulemaking Act (Tex. Gov't Code, ch. 2008), the Governmental Dispute Resolution Act, (Tex. Gov't Code, ch. 2009), Texas Government Code, Chapter 2260, and the contested case hearings rules promulgated by the State Office of Administrative Hearings (1 TAC Chapter 155), shall govern all proceedings to which a party has been given a right to a hearing by statute or by Board rules.(b) The purpose of this subchapter is:(1) to encourage the resolution and early settlement of rulemaking and contract disputes, and contested cases through voluntary settlement procedures, and;(2) to establish clear procedures for the administration of all contested matters that may come before the Board.</content><note type="source"><p>Source Note: The provisions of this §1.21 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.22"><num value="1.22">§1.22</num><heading>Appointment of ADR Coordinator</heading><content>(a) The Commissioner shall appoint an ADR coordinator as soon as practicable following:(1) initial adoption of this subchapter, or(2) an ADR coordinator's vacation of the office.(b) The ADR coordinator shall, as soon as practicable after appointment, complete the minimum training standards set forth in §154.052 of the Texas Alternative Dispute Resolution Procedures Act, Tex. Civ. Stat. and Rem. Code.(c) The ADR coordinator shall have the responsibility:(1) to maintain necessary agency records while maintaining the confidentiality of participants;(2) to establish a method of choosing mediators who possess the minimum qualifications described in TADR Act, §154.052;(3) to require mediators to adhere to a particular standard of conduct or code of ethics;(4) to provide information about available ADR processes to agency employees, and to both potential and current users of the ADR program;(5) to arrange training or education that may be necessary to implement adopted ADR processes; and(6) to establish a system to evaluate the ADR program and the mediators or other facilitators that the agency has used.</content><note type="source"><p>Source Note: The provisions of this §1.22 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.23"><num value="1.23">§1.23</num><heading>Deadlines for Filing a Petition for Contested Case Status</heading><content>(a) At any time, the Commissioner may request that a matter within the jurisdiction of the agency, which by statute or rule entitles a person to a hearing, be given contested case status.(b) If, in any matter in which the Texas Education Code or the rules herein give a party the right to a hearing, the Commissioner makes a determination, decision, order, ruling, or if he or she fails to act within a prescribed period of time, a party with standing in the matter shall file a written petition for contested case status with the Commissioner within the time frames below, or the action taken by the Commissioner will become final, and the party will have failed to exhaust all available administrative remedies, as established herein:(1) in a contract dispute, no later than 180 days after the date of the event that the contractor asserts as the basis of the claim;(2) for all other types of contested cases, 45 calendar days after the decision, order, ruling, or failure to act that is complained of is rendered.</content><note type="source"><p>Source Note: The provisions of this §1.23 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.24"><num value="1.24">§1.24</num><heading>Mandatory Contents of a Petition for Contested Case Status</heading><content>(a) A petition for contested case status in any matter in which statutes or rules give a party the right to a hearing, shall contain the following:(1) For a contract dispute:(A) an explanation of the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim, and each contractual provision allegedly breached;(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.(D) In addition to the mandatory contents of the notice of claim as required herein, the contractor may submit supporting documentation or other tangible evidence to facilitate the agency's evaluation of the contractor's claim.(E) The following types of contracts shall not be subject to the provisions herein. A petition for contested case status in a contract dispute must contain sufficient identification of the parties and the nature of the dispute to allow the agency to determine that the basis of the claim is not an action of the Board for which the contractor is entitled to a specific remedy pursuant to state or federal constitution or statute, or that the dispute is regarding a contract:(i) between the Board and the federal government or its agencies, another state or another nation;(ii) between the Board and two or more units of state government;(iii) between the Board and a local governmental body, or a political subdivision of another state;(iv) between a subcontractor and a contractor;(v) subject to §201.112 of the Transportation Code;(vi) within the exclusive jurisdiction of state or local regulatory bodies;(vii) within the exclusive jurisdiction of federal courts or regulatory bodies; or(2) The petition must contain the signature of the contractor or the contractor's authorized representative.(b) In all types of contested cases other than contract disputes:(1) a description of the determination, decision, order, ruling, or failure to act that is being complained of;(2) the date of the determination, decision, order, ruling, or failure to act;(3) a statement of the facts of which petitioner is aware and which he or she believes to be true, that would lead to a reasonable conclusion that petitioner is entitled to the relief sought;(4) the specific statute or rule which the petitioner believes entitles him or her to request a contested case status;(5) a description of the action that the petitioner wants the Board to take on the petitioner's behalf; and(6) the signature of the petitioner, or the petitioner's authorized representative.(7) Nothing in this section requires that the petitioner plead in his or her petition all evidence that he or she may rely upon in a formal contested case hearing. However, all issues that the petitioner intends to raise in a formal contested case hearing must be sufficiently pled in the petition to put the respondent on notice of the nature of the complaint.</content><note type="source"><p>Source Note: The provisions of this §1.24 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.25"><num value="1.25">§1.25</num><heading>Service of a Petition for Contested Case Status</heading><content>Petitions for contested case status shall be served upon the officer stated herein, by personal delivery or by certified mail, with return receipt requested, or by other verifiable delivery service. A certificate evidencing service shall be included in the petition.(1) For contract disputes, the petition shall be served upon the officer of the Board designated in the contract to receive a notice of claim of breach of contract under the Government Code, Chapter 2260; if no person is designated in the contract, the notice shall be delivered to the Assistant Commissioner for Administration;(2) For all types of contested cases other than contract disputes, the petition shall be served upon the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.25 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.26"><num value="1.26">§1.26</num><heading>Agency Determination Regarding Contested Case Status</heading><content>All petitions for contested case status shall be reviewed by the Board's General Counsel.(1) If the General Counsel finds that the prerequisites found herein have been met, he or she shall notify the petitioner that he or she has established the right to a contested case.(2) If the petition concerns an alleged breach of contract, the General Counsel, after consulting with appropriate officers of the agency and with the Commissioner, shall determine whether a sufficient basis exists for a counterclaim, and if it is determined that it is in the best interest of the agency to file a counterclaim, shall assist in drafting the notice of counterclaim, which shall comply with the deadlines, content, and notice requirements found in §1.42 of this title (relating to Board Counterclaims).(3) If the General Counsel finds that prerequisites have not been met, he or she shall refer the petition to the Assistant Commissioner whose division has jurisdiction over the issue or claim. The Assistant Commissioner shall either seek clarification from the petitioner to enable the Assistant Commissioner to conclude that the petition is substantially complete, or shall notify the petitioner in writing that the petition fails to state properly a claim that entitles the petitioner a right to a hearing, and the manner in which it failed. The petitioner shall perfect the pleading no later than the later of the following:(A) the deadline specified in §1.23 of this title (relating to Deadlines for Filing a Petition for Contested Case Status); or(B) 15 days after the receipt of notice that the pleading fails to state properly a claim that entitles the petitioner a right to a hearing.</content><note type="source"><p>Source Note: The provisions of this §1.26 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.27"><num value="1.27">§1.27</num><heading>Referral to ADR Coordinator</heading><content>(a) Contract disputes shall be referred to the agency's ADR coordinator to establish the negotiations schedule and to determine, in collaboration with the person designated pursuant to §1.25, (relating to Service of a Petition for Contested Case Status), all interested parties to the negotiations;(b) If a petitioner in any other type of contested case requests ADR, the case shall be referred to the agency's ADR coordinator.(c) The Commissioner may refer any other contested case to the ADR coordinator at his or her own instance.</content><note type="source"><p>Source Note: The provisions of this §1.27 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.30"><num value="1.30">§1.30</num><heading>General Principles of Alternative Dispute Resolution</heading><content>The following principles shall apply in Alternative Dispute Resolution (ADR) implemented for contested cases:(1) Any resolution reached as a result of the ADR procedure should be through the voluntary agreement of the parties.(2) ADR procedures shall be consistent with the Tex. Gov't Code, ch. 2009; Tex. Gov't Code, ch. 2008, Tex. Civil Practices and Remedies Code, ch. 154; and the Administrative Procedures Act, (the APA), Texas Gov't Code, ch. 2001.(3) ADR procedures herein are intended to supplement and not to limit other dispute resolution procedures available for use by a governmental body.(4) ADR processes shall not be applied in a manner that denies a person a right granted under state or federal law or under a local charter, ordinance, or other similar provision, including any right to an administrative or judicial hearing that is allowed or mandated by the Texas Education Code or by laws of more general application.(5) The agency's ADR coordinator may appoint a governmental officer, an agency employee, a qualified mediator who is an employee of another governmental entity, or a qualified private mediator for an ADR procedure.(6) Mediators:(A) shall be qualified as required by Tex. Civil Practices and Remedies Code §154.052,(B) are subject to the standards and duties described in Tex. Civil Practices and Remedies Code §154.053,(C) have the qualified immunity described in the Tex. Civil Practices and Remedies Code §154.055,(D) shall maintain confidentiality as described in Tex. Civil Practices and Remedies Code §154.073 and Tex. Gov't Code §2009.054, and(E) shall not testify in proceedings relating to or arising out of the matter in dispute.(7) The parties have the right to object to the person appointed to serve as the mediator.(8) No one may dictate the terms of the agreement reached by the participants as long as the resolution is legal and complies with any rules set up for the process, including the rules set forth herein.(9) Oral and written communications between the parties, and between the parties and the mediator, related to the ADR process are confidential and may not be disclosed unless all the parties consent to the disclosure, or upon issuance of an opinion from the Office of the Attorney General that the evidence is subject to the Open Records Act.. This includes any description of the conduct and demeanor of participants. Any notes or records made in an ADR procedure are confidential. The mediator may not, directly or indirectly, communicate with the judge or any commissioner, on any aspect of ADR negotiations made confidential by this section. If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be determined by a judge who is hearing a related matter to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.(10) A final written agreement to which the Board is a signatory is subject to required disclosure, is excepted from disclosure, or is confidential, as provided by the TADR Act §154.073 and other laws, including Tex. Gov't Code, ch. 552, and Tex. Gov't Code §2009.054(b).</content><note type="source"><p>Source Note: The provisions of this §1.30 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.32"><num value="1.32">§1.32</num><heading>Selection of a Neutral Third Party</heading><content>(a) For each matter referred for ADR procedures, the ADR coordinator may select a neutral third party to facilitate the proceeding. The ADR coordinator may assign a substitute or additional neutral third party to a proceeding as he or she deems necessary.(b) If all the participants agree upon the use of a private mediator, a private mediator may be hired for agency ADR procedures provided that:(1) the participants unanimously agree to the selection of the person to serve as the mediator;(2) the mediator agrees to be subject to the direction of the commission's ADR coordinator and to all time limits imposed by the coordinator, the ALJ, if applicable, and all statutes or regulations that apply;(3) the participants unanimously agree upon the manner in which costs for the services of the mediator will be apportioned among the participants;(4) fees shall be paid directly to the mediator.(5) All mediators in Board mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.(c) SOAH mediators, employees of other governmental bodies who are trained mediators, and private pro bono mediators may be assigned to contested cases as needed, provided that:(1) each mediator shall first have received 40 hours of training as prescribed by Texas law.(2) each mediator shall have some expertise in the area of the contested matter.(3) if the mediator is an ALJ at SOAH, that person may not also sit as the judge for the case if the contested case goes to a formal contested case hearing.</content><note type="source"><p>Source Note: The provisions of this §1.32 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.33"><num value="1.33">§1.33</num><heading>Developing Mediators within the Agency</heading><content>To the extent practicable, the Board shall establish a pool of staff mediators to resolve contested cases through ADR procedures.(1) Each staff mediator shall receive 40 hours of formal training in ADR procedures through programs approved by the ADR coordinator, and shall be qualified as required by the TADR Act §154.052 before being allowed to facilitate a mediation to which any governmental entity is a party.(2) Each staff mediator shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.(3) Other individuals may assist with mediation on an ad hoc basis in light of particular skills or experience that will facilitate the resolution of individual contested matters.</content><note type="source"><p>Source Note: The provisions of this §1.33 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.34"><num value="1.34">§1.34</num><heading>Negotiated Settlements Must be in Writing</heading><content>Agreements of the participants reached as a result of ADR must be in writing, and are enforceable in the same manner as any other written contract.</content><note type="source"><p>Source Note: The provisions of this §1.34 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.35"><num value="1.35">§1.35</num><heading>Partial Settlements through ADR</heading><content>When ADR procedures do not result in the full settlement of a contested case, the participants, in conjunction with the mediator, shall limit the contested issues through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the ALJ who is assigned to conduct the hearing on the merits and shall be included in the hearing record.</content><note type="source"><p>Source Note: The provisions of this §1.35 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.40"><num value="1.40">§1.40</num><heading>Agency Management of Contract Disputes</heading><content>(a) The procedures contained in this subchapter in relation to contract disputes are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and the Government Code, Chapter 2260.(b) This subchapter does not waive the Board's sovereign immunity to suit or liability.</content><note type="source"><p>Source Note: The provisions of this §1.40 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.41"><num value="1.41">§1.41</num><heading>Definitions</heading><content>The following words and terms, when used in relation to contract disputes, shall have the following meanings, unless the context clearly indicates otherwise:(1) Claim--A demand for damages by the contractor based upon the Board's alleged breach of the contract.(2) Contract--A written contract between the Board and a contractor by the terms of which the contractor agrees either:(A) to provide goods or services, by sale or lease, to or for the Board; or(B) to perform a project as defined by Government Code, §2166.001.(3) Contractor--Independent contractor who has entered into a contract directly with the Board. The term does not include:(A) The contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;(B) An employee of the Board; or(C) A student at an institution of higher education.(4) Counterclaim--A demand by the Board based upon the contractor's claim.(5) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day that is not one of these days should be counted as the required day for purpose of this act.(6) Event--An act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract:(A) Examples of events in the context of a contract for goods or services:(i) the failure of the Board to timely pay for goods and services;(ii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the Board for work not performed under the contract or in substantial compliance with the contract terms;(iii) the suspension, cancellation, or termination of the contract;(iv) final rejection of the goods or services tendered by the contractor, in whole or in part;(v) repudiation of the entire contract prior to or at the outset of performance by the contractor;(vi) withholding liquidated damages from final payment to the contractor.(B) Examples of events in the context of a project:(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;(ii) the failure to make timely progress payments required by the contract;(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the Board for work not performed under the contract or in substantial compliance with the contract terms;(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;(vi) suspension, cancellation or termination of the contract;(vii) rejection by the Board, in whole or in part, of the "work", as defined by the contract, tendered by the contractor;(viii) repudiation of the entire contract prior to or at the outset of performance by the contractor;(ix) withholding liquidated damages from final payment to the contractor;(x) refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time, or the scope of work.(C) The lists in Subparagraph (A) and (B) of this paragraph herein should not be considered exhaustive but are merely illustrative in nature.(7) Goods--Supplies, materials or equipment.(8) Project--As defined in Government Code §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.(9) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the Board.</content><note type="source"><p>Source Note: The provisions of this §1.41 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.42"><num value="1.42">§1.42</num><heading>Board Counterclaims</heading><content>(a) If the agency asserts a counterclaim under the Government Code, Chapter 2260, notice of the counterclaim shall be filed as provided by this section.(b) The notice of counterclaim shall:(1) be in writing;(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the petition for contested case status; and(3) state in detail:(A) the nature of the counterclaim;(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) The agency may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the agency's counterclaim.(d) The notice of counterclaim shall be delivered to the contractor no later than 90 days after the agency's receipt of the contractor's petition for contested case status.(e) Nothing herein precludes the Board from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.</content><note type="source"><p>Source Note: The provisions of this §1.42 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.43"><num value="1.43">§1.43</num><heading>Request for Voluntary Disclosure of Additional Information</heading><content>(a) Upon the filing of a claim or counterclaim, the parties may request to review and copy, without limitation, the following information that may be in the possession or custody, or that is subject to the control of the other party, and that pertains to the contract claimed to have been breached, regardless of the manner in which the information is recorded, including paper and electronic media:(1) accounting records;(2) correspondence, including, without limitation, correspondence between the Board and outside consultants it utilized in preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;(3) schedules;(4) the parties' internal memoranda; and(5) documents created by the contractor in preparing its offer to the Board and documents created by the Board in analyzing the offers it received in response to a solicitation.(b) The contractor and the agency may seek additional information directly from third parties, including, without limitation, third-party consultants, and the contractor's subcontractors.(c) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas law. Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.(d) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.</content><note type="source"><p>Source Note: The provisions of this §1.43 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.44"><num value="1.44">§1.44</num><heading>Duty to Negotiate</heading><content>The parties shall negotiate in accordance with the timetable set forth in §1.45 of this title (relating to the Negotiation Timetable), to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation.</content><note type="source"><p>Source Note: The provisions of this §1.44 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.45"><num value="1.45">§1.45</num><heading>Negotiation Timetable</heading><content>(a) After the agency's General Counsel has determined that the petition for contested case status contains all essential requirements under §1.24, (relating to Mandatory Contents of a Petition for Contested Case Status), and has referred the case to the agency's officer, designated in the contract to be in charge of the negotiations, he or she shall review the contractor's claim(s) and the Board's counterclaim(s), if any, and, with appropriate assistance from the agency's ADR coordinator, shall initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim(s).(b) Subject to subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:(1) the date of termination of the contract;(2) the completion date, or substantial completion date in the case of construction projects, in the original contract; or(3) the date the unit of state government receives the contractor's petition for contested case status.(c) The agency may delay negotiations until after the 180th day after the date of the event giving rise to the claim of breach of contract by:(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and(2) delivering written notice to the contractor when the Board is ready to begin negotiations.(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadlines set forth in subsections (b) and (c) of this section, whichever is applicable.(e) Subject to subsection (f) of this section, the parties shall complete the negotiations that are required by this section as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the agency receives the contractor's notice of claim.(f) On or before the 270th day after the agency receives the contractor's petition for contested case status, the parties may agree in writing to extend the time for negotiations. The agreement shall be signed by a representative of each party, who has authority to bind the party, and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(g) The contractor may request a contested case hearing before the State Office of Administrative Hearings ("SOAH") pursuant to §1.48, (relating to Request for Contested Case Hearing), of this subchapter, after the 270th day after the agency receives the contractor's petition for contested case status, or after the expiration of any extension agreed to under subsection (f) of this section.(h) The parties may agree to mediate the dispute at any time before the 270th day after the agency receives the contractor's petition for contested case status, or before the expiration of any extension agreed to by the parties pursuant to subsection (f) of this section. The mediation shall be governed by §1.46(c), (relating to Conduct of Negotiations).(i) Nothing in this subsection is intended to prevent the parties from agreeing to commence negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations, or requesting mediation after the contractor requests a contested case hearing before SOAH.</content><note type="source"><p>Source Note: The provisions of this §1.45 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.46"><num value="1.46">§1.46</num><heading>Conduct of Negotiations</heading><content>(a) The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.(b) Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees, expert's fees, and mediation costs.(c) The parties may conduct negotiations with the assistance of one or more neutral third parties. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference, or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement, and settle. Parties may choose an assisted negotiation process other than mediation, including without limitation, processes such as mini-trials, early case neutral case evaluation by an impartial third-party, and fact-finding by an expert. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with §1.27, (relating to Referral to ADR Coordinator) through §1.35, (relating to Partial Settlements through ADR).(d) The agency's negotiation strategy and neutral third parties shall be approved by the ADR coordinator, and the results of the negotiations reported to the ADR coordinator.</content><note type="source"><p>Source Note: The provisions of this §1.46 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.47"><num value="1.47">§1.47</num><heading>Settlement Agreement</heading><content>(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the parties who have authority to bind each party.(c) Partial settlement does not waive a party's rights under the Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved.</content><note type="source"><p>Source Note: The provisions of this §1.47 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.48"><num value="1.48">§1.48</num><heading>Request for Contested Case Hearing</heading><content>(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter on or before the 270th day after the agency receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §1.45 of this title (relating to Negotiation Timetable), the contractor may file a request with the agency for a contested case hearing before SOAH.(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the Commissioner or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §1.45 of this title (relating to Negotiation Timetable).(c) The agency shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the agency if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.</content><note type="source"><p>Source Note: The provisions of this §1.48 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.60"><num value="1.60">§1.60</num><heading>State Office of Administrative Hearings</heading><content>Formal contested case hearings shall be conducted for the Board by SOAH, as authorized by Chapters 2001 and §2003.021 of the Texas Government Code.</content><note type="source"><p>Source Note: The provisions of this §1.60 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.61"><num value="1.61">§1.61</num><heading>Classification of Parties</heading><content>(a) Designations of parties are as follows:(1) Petitioner--the party requesting a hearing.(2) Respondent--the party named as such by the petitioners.(3) Intervenor--a person who shows an administratively cognizable or justiciable interest in the contested case.(b) Regardless of errors as to designation of parties in the pleadings, parties shall be accorded their true status in a formal contested case hearing at SOAH.</content><note type="source"><p>Source Note: The provisions of this §1.61 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.62"><num value="1.62">§1.62</num><heading>Notice of Hearing</heading><content>(a) All parties to a formal contested case hearing shall be mailed written notice at least 15 calendar days before the date set for the hearing. The notice shall include:(1) a statement of time, place, and nature of the hearing;(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;(3) a reference to the particular section of the statutes and rules involved; and(4) a short and plain statement of the matters asserted. The petitioner may satisfy this requirement by incorporating the petition by reference in the notice of hearing.(b) If the petition was initiated by the Commissioner, service may be made by sending the notice to the party's last known address as shown by the Board's records. If the petition was initiated by a party other than the Commissioner, notice will be mailed to the address on that party's most recently filed pleading.</content><note type="source"><p>Source Note: The provisions of this §1.62 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.63"><num value="1.63">§1.63</num><heading>Proposed Findings of Fact and Conclusions of Law</heading><content>If any party to a contested case hearing at SOAH files proposed findings of fact and conclusions of law within 10 days of the date on which the record is closed, or within any other period of time that the ALJ may prescribe, the ALJ shall rule on each proposal.</content><note type="source"><p>Source Note: The provisions of this §1.63 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.64"><num value="1.64">§1.64</num><heading>Default</heading><content>(a) If party who filed the petition for contested case status fails to appear on the day and time set for the hearing, the Commissioner may move in that party's absence for a default, and the ALJ may issue a proposal for decision against the defaulting party. In the proposal for decision or order, the factual allegations against that party in the notice of hearing will be deemed admitted.(b) If the party who filed the petition fails to appear on the day and time set for hearing, the Commissioner may move for dismissal of the case from the SOAH docket.(c) The notice of hearing must include disclosure, in at least twelve-point, bold-face type, that a failure to appear on the date and time of the hearing will result in a default order or dismissal.</content><note type="source"><p>Source Note: The provisions of this §1.64 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.65"><num value="1.65">§1.65</num><heading>Exceptions to Proposal for Decision</heading><content>(a) Pursuant to Chapter 2001 of the Texas Government Code, every party has the right to file exceptions to the Proposal for Decision issued by the ALJ and to present a brief with respect to the exceptions.(b) All exceptions must be mailed within 10 working days of the proponent's receipt of the Proposal for Decision, with replies, if any, to be mailed within ten working days of the receipt of exceptions. Extensions of the deadline to file exceptions shall be negotiated between the parties; the first extension shall not be unreasonably withheld.</content><note type="source"><p>Source Note: The provisions of this §1.65 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.66"><num value="1.66">§1.66</num><heading>Board Meeting to Consider Proposal for Decision</heading><content>(a) The Board shall take up the Proposal for Decision and adopt a final order in a contested case at the next regularly scheduled Board meeting after the hearing is finally closed, if sufficient time remains before the meeting for the parties to receive proper notice.(b) At least 15 days notice shall be given by the Commissioner to all parties to a hearing of the time and place of the Board meeting at which the Proposal for Decision will be considered by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.66 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scB/s1.67"><num value="1.67">§1.67</num><heading>Motion for Rehearing</heading><content>A motion for rehearing shall be filed not later than the 20th day after the party or the party's attorney of record is notified of the final decision or order that may become final under Texas Government Code, §2001.144. The procedures for a Motion for Rehearing shall be those procedures under Texas Government Code, §2001.146, and Texas appeals cases interpreting that statute.</content><note type="source"><p>Source Note: The provisions of this §1.67 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scC"><num value="C">SUBCHAPTER C</num><heading>ACCEPTANCE OF GIFTS AND DONATIONS BY BOARD AND EMPLOYEES</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.80"><num value="1.80">§1.80</num><heading>Scope and Purpose</heading><content>(a) This subchapter establishes the criteria, procedures, and standards of conduct governing the relationship between the Texas Higher Education Coordinating Board (Board) and its officers and employees and private donors and private organizations that exist to further the duties and purposes of the Board. This subchapter sets out the Board's process for acceptance of gifts and donations.(b) The purpose of this subchapter is to comply with the provisions of Texas Government Code chapters 575 and 2255.001 and implement the provisions of chapter 61 of the Texas Education Code authorizing the Board to accept gifts and donations.</content><note type="source"><p>Source Note: The provisions of this §1.80 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.81"><num value="1.81">§1.81</num><heading>Definitions</heading><content>The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of the Texas Higher Education Coordinating Board.(3) Donation--A contribution of anything of value (including a gift or in-kind gift such as goods or services) given to the Board for public higher education purposes or to the Texas Higher Education Foundation for the benefit of the Board. The Board may not accept donations of real property (real estate) without the express permission and authorization of the legislature.(4) Employee--A regular, acting, exempt, full-time or part-time employee of the agency.(5) Gift--A donation of money or property.(6) Private donor--People or private organizations that make a donation to the Board for higher education purposes, or that make a donation to the Higher Education Foundation to assist in accomplishing the duties of the Board.(7) The Texas Higher Education Foundation--A 501(c)(3) organized for the purpose of supporting the mission, objectives, and public purpose of the Texas Higher Education Coordinating Board by providing resources obtained primarily from private, non-governmental sources, or its successor organization designated as the official non-profit partner of the Board.</content><note type="source"><p>Source Note: The provisions of this §1.81 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.82"><num value="1.82">§1.82</num><heading>The Texas Higher Education Foundation</heading><content>(a) The Texas Higher Education Foundation is designated as the official nonprofit partner of the Board.(b) The Chair of the Board and the Board of Trustees of the Texas Higher Education Foundation may cooperatively appoint a board of trustees for the organization, subject to the following requirements:(1) The Commissioner shall serve as an ex officio trustee with no vote;(2) Board employees may serve as an ex officio, non-voting trustee, provided there is no conflict of interest in accordance with all federal and state laws and Board policies. This provision applies to the employee's spouse and children; and(3) Members of the Board may serve on the Board of Trustees of the Texas Higher Education Foundation, but such members will not comprise a majority of the Board of Trustees.(c) The Board shall review its relationship with the Texas Higher Education Foundation on a schedule to be established by the Board, but not less than once every 10 years.(d) The Texas Higher Education Foundation may not expend funds for the purpose of influencing legislative action, either directly or indirectly.</content><note type="source"><p>Source Note: The provisions of this §1.82 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.83"><num value="1.83">§1.83</num><heading>Gifts and Donations to the Board</heading><content>(a) A private donor may make a donation to the Board to be used or spent for specified or unspecified public higher education purposes. If the donor specifies the purpose, the Board must use or expend the donation only for that purpose.(b) The Board shall use or spend all donations in accordance with the provisions of the State Appropriations Act. The Board shall deposit all gifts in the state treasury unless exempted by specific statutory authority.(c) The Board may not transfer a private donation to a foundation or private/public development fund without specific written permission from the donor and the written approval of the Commissioner.(d) The Board authorizes the Commissioner to accept donations on its behalf.(e) The Board will acknowledge the acceptance of a gift or donation at the next Board meeting immediately after the date the Commissioner accepts a gift on the Board's behalf.(f) The Board will log gifts in its minutes as required by chapter 575 of the Government Code.</content><note type="source"><p>Source Note: The provisions of this §1.83 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.84"><num value="1.84">§1.84</num><heading>Donations by a Private Donor to the Texas Higher Education Foundation</heading><content>(a) A private donor may make a donation to the Texas Higher Education Foundation to assist in accomplishing the duties of the Board.(b) The Texas Higher Education Foundation shall administer and use the donation in accordance with the provisions in the memorandum of understanding between the Texas Higher Education Foundation and the Board, as described in §1.85(c) of this title (relating to Relationship between the Texas Higher Education Foundation and the Board).</content><note type="source"><p>Source Note: The provisions of this §1.84 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.85"><num value="1.85">§1.85</num><heading>Relationship between the Texas Higher Education Foundation and the Board</heading><content>(a) The Board may provide to the Texas Higher Education Foundation:(1) fundraising and solicitation assistance;(2) staff services to coordinate activities;(3) administrative and clerical services;(4) office and meeting space;(5) training;(6) any service or agreement authorized by the legislature; and(7) other miscellaneous services as needed to further the duties and purposes of the Board.(b) In addition to gifts and donations authorized by law, the Texas Higher Education Foundation may provide:(1) postage;(2) printing, including letterhead and newsletters;(3) special event insurance;(4) recognition of donors;(5) bond and liability insurance for organization officers; and(6) other miscellaneous services as needed to further the duties and purposes of the Board.(c) The Texas Higher Education Foundation and the Board shall enter into a memorandum of understanding (MOU) which contains specific provisions regarding:(1) the relationship between the Board and the Texas Higher Education Foundation and a mechanism for solving any conflicts or disputes;(2) fundraising and solicitation;(3) the use of all donations from fundraising or solicitation, less legitimate expenses as described in the MOU, for the benefit of the Board;(4) the maintenance by the Foundation of receipts and documentation of all funds and other donations received, including furnishing such records to the Board;(5) the furnishing to the Board of any audit of the Texas Higher Education Foundation by the Internal Revenue Service or a private firm; and(6) the reasonable use of Board employees, equipment, or property in order to further or support the purposes or programs of the Board, provided such usage is commensurate with the benefit received or to be received by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.85 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.86"><num value="1.86">§1.86</num><heading>Standards of Conduct Between Board Employees and Private Donors</heading><content>(a) A Board officer or employee shall not accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence his/her official conduct.(b) A Board officer or employee shall not accept employment or engage in any business or professional activity with a private donor which the officer or employee might reasonably expect would require or induce him/her to disclose confidential information acquired by reason of his/her official position.(c) A Board officer or employee shall not accept other employment or compensation from a private donor that would reasonably be expected to impair the officer or employee's independence of judgment in the performance of his/her official position.(d) A Board officer or employee shall not make personal investments in association with a private donor that could reasonably be expected to create a substantial conflict between the officer or employee's private interest and the interest of the Board.(e) A Board officer or employee shall not solicit, accept, or agree to accept any benefits for having exercised his/her official powers on behalf of a private donor or performed his official duties in favor of private donor.(f) A Board officer or employee who has policy direction over the Board and who serves as an officer or director on a board of a private donor shall not vote on any measure, proposal, or decision pending before the private donor if the Board might reasonably be expected to have an interest in such measure, proposal, or decision.(g) A Board officer or employee shall not authorize a private donor to use property of the Board unless the property is used in accordance with a contract or memorandum of understanding between the Board and the private donor, or the Board is otherwise compensated for the use of the property.(h) A Board officer affiliated with a private donor or organization shall at all times be mindful of his/her obligations under Texas Government Code chapter 572.</content><note type="source"><p>Source Note: The provisions of this §1.86 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scC/s1.87"><num value="1.87">§1.87</num><heading>Miscellaneous</heading><content>The relationship between a private donor, Texas Higher Education Foundation, and the Board, including fundraising and solicitation activities, is subject to all applicable federal and state laws, rules and regulations, and local ordinances governing each entity and its employees.</content><note type="source"><p>Source Note: The provisions of this §1.87 adopted to be effective May 18, 2023, 48 TexReg 2489.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scD"><num value="D">SUBCHAPTER D</num><heading>RIGHT TO CORRECTION OF INCORRECT INFORMATION</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scD/s1.96"><num value="1.96">§1.96</num><heading>Scope and Purpose</heading><content>(a) This subchapter shall govern instances in which individuals request correction of incorrect information, for which the agency is responsible, pertaining to the individual or to a person that the requestor has the legal right to represent. This subchapter should not be read to contradict §1.10 of this title (relating to the Texas Public Information Act), the Family Educational Rights and Privacy Act (FERPA), or any other applicable state or federal law.(b) The purpose of this subchapter is to implement Texas Government Code, §559.004, concerning individuals' Right to Correction of Incorrect Information.</content><note type="source"><p>Source Note: The provisions of this §1.96 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scD/s1.97"><num value="1.97">§1.97</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:(1) Agency--Texas Higher Education Coordinating Board.(2) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day that is not one of these days should be counted as the required day for purpose of this act.(3) Program or Division--Any subunit of the Agency, to be determined by the Agency.(4) Requestor--The person who submits a request for correction of incorrect information, whether on his or her own behalf or on behalf of someone else.</content><note type="source"><p>Source Note: The provisions of this §1.97 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scD/s1.98"><num value="1.98">§1.98</num><heading>Individual's Right to Correction of Incorrect Information</heading><content>(a) An individual who finds that the information collected by and in the possession of the agency on a form or through electronic media, is incorrect, has a right to have the agency correct the information. The individual has no right to change information that was correct when it was submitted, but which is no longer correct. The information to be changed must be concerning the requestor, or concerning a person that the requestor has the legal right to represent. The agency may request proof of this authority, and if it does so, the requestor must provide the proof, before the agency processes the request.(b) The individual must submit the correction request in writing to the program or division within the agency that is in possession of the information. The program or division may be identified by correspondence received from the agency, or through a request for public information from the agency, submitted in writing to: Open Records Officer, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78722(c) The correction request must:(1) specifically identify the information which the individual believes is incorrect;(2) provide the agency with sufficient information to establish that the information is incorrect and was incorrect at the time it was submitted to the agency; and(3) provide the correct information.</content><note type="source"><p>Source Note: The provisions of this §1.98 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scD/s1.99"><num value="1.99">§1.99</num><heading>Correction Procedure</heading><content>(a) The program or division within the agency that is the custodian of the target information shall provide an acknowledgement of receipt of the correction request to the requestor within 10 days from the receipt of the request.(b) The program or division with custody and control of the information shall review the information identified by the individual as incorrect and the proof that the requestor has provided, and determine whether the information in the agency's record should be corrected.(1) If the agency determines that the information is incorrect in an electronic record or form, an individual with authority to access the information shall enter the correction into the record by electronic media, at or near the place where the incorrect information appears with the date, and reason for the correction, by whom the correction was requested, and by whom the correction was made.(2) If the agency determines that the information is incorrect in a paper record or form, an individual with authority to access the information shall insert the information as submitted by the individual requesting the correction, along with an entry of the date, and the name of the individual inserting the correction.(3) If the agency determines that the information is correct, no correction shall be made to the information.(c) The program or division that is the custodian of the target information shall notify the individual of its determination and, if the information was corrected, shall provide the requestor with a copy of the corrected information.(d) The agency shall not charge or bill a requestor for correction of an incorrect record.(e) The agency shall not alter or destroy an original agency record or document in its possession except as required or authorized by law.</content><note type="source"><p>Source Note: The provisions of this §1.99 adopted to be effective February 26, 2004, 29 TexReg 1658.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scE"><num value="E">SUBCHAPTER E</num><heading>STUDENT COMPLAINT PROCEDURE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.110"><num value="1.110">§1.110</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:(1) Agency--Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Complainant or student--A current, former, or prospective student of an institution who submits a complaint to the Agency regarding that institution.(4) Educational association--Independent Colleges and Universities of Texas, Inc. (ICUT).(5) Institution--A public or private (non-profit, not-for-profit, or for-profit) institution of higher education that the legislature or the Agency has authorized to operate in Texas.(6) Student complaint form--A standard form required for filing a student complaint with the Agency, available on the Agency's website or by request in hard copy form from the Agency.(7) Title IV participating exempt school--A school exempted by the Texas Workforce Commission under Texas Education Code, §132.002(h).</content><note type="source"><p>Source Note: The provisions of this §1.110 adopted to be effective November 28, 2012, 37 TexReg 9353; amended to be effective November 24, 2013, 38 TexReg 8421; amended to be effective June 6, 2016, 41 TexReg 3995.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.111"><num value="1.111">§1.111</num><heading>Scope and Purpose</heading><content>(a) This subchapter shall govern all instances in which complainants file written complaints with the Agency regarding institutions.(b) This subchapter implements Texas Education Code, §61.031, concerning Public Interest Information and Complaints, and 34 C.F.R. §600.9(a)(1) of the United States Department of Education's Program Integrity regulations, which requires each state to establish "a process to review and appropriately act on complaints concerning an institution of higher education including enforcing applicable State laws." This subchapter implements Texas Education Code, §132.002(k), which requires the Agency to take appropriate action, including by making appropriate referrals to an accrediting agency or to the Office of the Attorney General of Texas, to address any complaints received by the Agency from a student or prospective student of a Title IV participating exempt school to which Texas Education Code, §132.002(h) exemption applies and is regulated by the Agency.(c) The purpose of this subchapter is:(1) to encourage the early resolution of student complaints through use of the institutions' grievance procedures or informal processes in appropriate cases; and(2) to establish procedures for the administration of all student complaints filed with the Agency.</content><note type="source"><p>Source Note: The provisions of this §1.111 adopted to be effective November 28, 2012, 37 TexReg 9353; amended to be effective November 24, 2013, 38 TexReg 8421.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.112"><num value="1.112">§1.112</num><heading>Institution's Obligation to Provide Information Concerning the Complaint Procedure</heading><content>(a) Each institution shall post information regarding the complaint procedure outlined in this subchapter on its website. Such information shall:(1) contain, at a minimum, contact information for filing student complaints with the Agency, a description of the complaint procedure outlined in this subchapter, and the Uniform Resource Locator (URL) for this subchapter on the Texas Secretary of State's website;(2) be accessible from the institution's Internet website home page by use of not more than three links;(3) be searchable by keywords and phrases;(4) be accessible to the public without requiring registration or use of a user name, a password, or another user identification; and(5) be updated as soon as practicable if the information changes.(b) Each institution shall also provide each individual student of that institution with written information regarding the complaint procedure outlined in this subchapter at the beginning of each academic year, such as in the school's catalog. Such information shall contain, at a minimum, contact information for filing student complaints with the Agency and a description of the complaint procedure outlined in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §1.112 adopted to be effective November 28, 2012, 37 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.113"><num value="1.113">§1.113</num><heading>Complaints Not Reviewed by the Agency</heading><content>The following is a non-exhaustive list of student complaints that are not reviewed by the Agency:(1) The Agency does not handle, investigate, or attempt to resolve anonymous complaints.(2) The Agency does not intervene in matters solely concerning an individual's grades, examination results, or evaluation of academic performance, as these are within the sole purview of the institution and its faculty.(3) The Agency does not intervene in matters solely related to student life such as student housing, dining facilities, food service, violations of the student code of conduct, or student activities and organizations, as these issues are within the sole purview of the institution.(4) The Agency does not handle, investigate, or attempt to resolve complaints in matters that are or have been in litigation.(5) The Agency does not handle, investigate, or attempt to resolve complaints about religious institutions relating solely to their religious (as opposed to secular) standards and religious programs of study.(6) The Agency does not handle, investigate, or attempt to resolve student complaints against institutions not authorized by the Agency to operate in Texas. Institutions authorized by the Agency to operate in Texas are listed on the following websites: http://www.txhighereddata.org and http://www.thecb.state.tx.us.(7) The Agency does not handle, investigate, or attempt to resolve complaints regarding tribal institutions.(8) The Agency does not handle, investigate, or attempt to resolve complaints about criminal matters, and instead encourages students to contact local law enforcement authorities regarding these complaints.</content><note type="source"><p>Source Note: The provisions of this §1.113 adopted to be effective November 28, 2012, 37 TexReg 9353; amended to be effective June 6, 2016, 41 TexReg 3995.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.114"><num value="1.114">§1.114</num><heading>Filing a Complaint</heading><content>(a) The student complaint form is available on the Agency's website. All complaints must be submitted to the Agency on the student complaint form.(b) Complainants shall submit student complaint forms through the online process provided on the agency's website, by electronic mail (email) to StudentComplaints@thecb.state.tx.us, or by hard copy sent to the Texas Higher Education Coordinating Board, Office of General Counsel, P.O. Box 12788, Austin, Texas 78711-2788.(c) All submitted complaints must include the following three completed, signed forms: a student complaint form, Family Educational Rights and Privacy Act (FERPA) Consent and Release form, and THECB Consent and Agreement form. Submitted complaints regarding students with disabilities shall also include a signed Authorization to Disclose Medical Record Information form.(d) The Agency does not handle, investigate, or attempt to resolve complaints concerning actions that occurred more than two years prior to filing a student complaint form with the Agency, unless the cause of the delay in filing the student complaint form with the Agency was the complainant's exhaustion of the institution's grievance procedures.(e) Former students shall file a student complaint form with the Agency no later than one year after the student's last date of attendance at the institution, or within 6 months of discovering the grounds for complaint, unless the cause of the delay in filing the student complaint form with the Agency was the complainant's exhaustion of the institution's grievance procedures.</content><note type="source"><p>Source Note: The provisions of this §1.114 adopted to be effective November 28, 2012, 37 TexReg 9353; amended to be effective June 6, 2016, 41 TexReg 3995; amended to be effective May 29, 2018, 43 TexReg 3346.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.115"><num value="1.115">§1.115</num><heading>Referral of Certain Complaints to Other Agencies or Entities</heading><content>Once the Agency receives a student complaint form, the Agency may refer the complaint to another agency or entity as follows:(1) Complaints alleging that an institution has violated state consumer protection laws, e.g., laws related to fraud or false advertising, may be referred to the Consumer Protection Division of the Office of the Attorney General of Texas for investigation and resolution.(2) Complaints pertaining to an institution in the University of Texas System, Texas A&M University System, University of Houston System, University of North Texas System, Texas Tech University System, or Texas State University System may be referred to the appropriate university system for investigation and resolution. If a complaint is not referred to a university system for investigation and resolution, the Agency will notify the system, at least quarterly until final disposition of the complaint, of the status of any investigation unless the notice would jeopardize an undercover investigation.(3) If the Agency determines that the complaint is appropriate for investigation and resolution by the institution's recognized accrediting agency, the Agency may refer the complaint to the accrediting agency. If the Agency refers the complaint to such accrediting agency, the Agency may ask the accrediting agency to send quarterly updates in writing to the Agency regarding the status of the investigation of the complaint and to notify the Agency in writing of the outcome of the investigation/resolution process for the complaint. The Agency shall have the right to adopt any decision proposed or made or any course of action proposed or taken by the accrediting agency as the final resolution of the matter before the Agency. In the alternative, the Agency shall have the right to enter its own decision based on the investigative findings of the accrediting agency to the extent they are able to be provided. The Agency shall have the right to terminate the referral of the complaint to the accrediting agency at any time and may proceed to investigate and adjudicate the complaint.(4) If the Agency determines that the complaint is appropriate for investigation and resolution by an educational association to which the institution belongs, the Agency may refer the complaint to the educational association. If the Agency refers the complaint to such an educational association, the educational association shall send monthly updates in writing to the Agency regarding the status of the investigation of the complaint and shall notify the Agency in writing of the outcome of the investigation/resolution process for the complaint. The Agency shall have the right to accept, modify, or reject any decision proposed or made or any course of action proposed or taken by the educational association. The Agency shall have the right to terminate the referral of the complaint to the educational association if the Agency determines that the educational association is not appropriately addressing the complaint.</content><note type="source"><p>Source Note: The provisions of this §1.115 adopted to be effective November 28, 2012, 37 TexReg 9353; amended to be effective May 20, 2013, 38 TexReg 2998; amended to be effective June 6, 2016, 41 TexReg 3995; amended to be effective May 29, 2018, 43 TexReg 3346.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.116"><num value="1.116">§1.116</num><heading>Agency Investigation of Student Complaint</heading><content>(a) If a student complaint form concerns compliance with the statutes and regulations that the Agency administers and the Agency has not referred the complaint to another entity, the Agency will initiate an investigation, as described in subsections (b) - (h) of this section.(b) Prior to initiating an investigation, the Agency shall require the complainant to exhaust all grievance and appeal procedures that the institution has established to address student complaints. Complainants will be encouraged to consult the institution's website and student handbook, or to contact the institution's student ombudsman, Office of Student Affairs, Office of the General Counsel, or other appropriate administrative official, for information regarding the institution's processes for resolving complaints. Upon exhaustion of the institution's procedures, the complainant shall inform the Agency of the outcome of the grievance and appeal procedures and provide all documentation concerning same.(c) As part of the Agency's investigation of the complaint, Agency staff may contact the complainant to obtain additional information regarding the complaint.(d) Agency staff, as appropriate, will request a written response to the complaint from the institution. Along with a request for response, the Agency will transmit to the institution a copy of the student complaint form and any attachments thereto. The institution has thirty days from receiving the request for response to provide a written response to the complaint. Agency staff, in its discretion, may contact the institution to obtain additional information upon the Agency's receipt of the institution's response or at any time during the investigation of the complaint.(e) As part of its investigation, the Agency may also contact other persons or entities named in the student's complaint.(f) The Agency shall provide the complainant, the institution, and each person who is a subject of the complaint a copy of the Agency's policies and procedures relating to complaint investigation and resolution.(g) The Agency, at least quarterly until final disposition of the complaint, shall notify the complainant, the institution, and each person who is a subject of the complaint of the status of the investigation, unless the notice would jeopardize an undercover investigation.(h) The Agency shall maintain a file on each student complaint form filed with the Agency. The file shall include:(1) the name of the complainant;(2) the date the complaint is received by the Agency;(3) the subject matter of the complaint;(4) the name of each person contacted in relation to the complaint;(5) a summary of the results of the review or investigation of the complaint; and(6) an explanation of the reason the file was closed, if the Agency closed the file without taking action other than to investigate the complaint.</content><note type="source"><p>Source Note: The provisions of this §1.116 adopted to be effective November 28, 2012, 37 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.117"><num value="1.117">§1.117</num><heading>Attempt to Facilitate an Informal Resolution to the Complaint</heading><content>During the investigation of a student complaint, Agency staff shall, in appropriate cases, attempt to facilitate an informal resolution to the complaint that is mutually satisfactory to the complainant and institution.</content><note type="source"><p>Source Note: The provisions of this §1.117 adopted to be effective November 28, 2012, 37 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.118"><num value="1.118">§1.118</num><heading>Recommendation for Resolution Made to the Commissioner</heading><content>In cases in which an informal resolution between the complainant and institution is not feasible, Agency staff shall evaluate the results of the investigation of the student complaint and recommend a course of action to the Commissioner. If Agency staff finds the complaint to be without merit following the investigation, Agency staff shall recommend that the complaint be dismissed. If Agency staff finds the complaint has merit following the investigation, Agency staff may recommend that the Commissioner require the institution to take specific action(s) to remedy the complaint.</content><note type="source"><p>Source Note: The provisions of this §1.118 adopted to be effective November 28, 2012, 37 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.119"><num value="1.119">§1.119</num><heading>Written Determination of the Commissioner</heading><content>After receiving the Agency staff's recommendation, the Commissioner shall consider the recommendation regarding the complaint and render a written determination thereon. If the Commissioner finds the complaint is without merit, the Commissioner shall dismiss the complaint. If the Commissioner finds the complaint has merit, the Commissioner may require the institution to take specific action(s) to remedy the complaint. In the Commissioner's sole discretion, complaints regarding institutional integrity may be forwarded to the Board for its consideration and determination. The Agency shall send a copy of the Commissioner's or the Board's, as appropriate, written determination to the complainant and the institution. As necessary, the Agency may take all appropriate actions to enforce its determination.</content><note type="source"><p>Source Note: The provisions of this §1.119 adopted to be effective November 28, 2012, 37 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scE/s1.120"><num value="1.120">§1.120</num><heading>Authority of the Commissioner to Issue Written Determinations Regarding Student Complaints</heading><content>With regard to student complaints to the Board about a public or private (non-profit, not-for-profit, or for-profit) institution of higher education that the legislature or the Agency has authorized to operate in Texas, the Board authorizes the Commissioner to issue written determinations dismissing complaints or requiring institutions to take specific action(s) to remedy complaints. In the Commissioner's sole discretion, complaints regarding institutional integrity may be forwarded to the Board for its consideration and determination. The student complaint procedure is set out in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §1.120 adopted to be effective November 28, 2012, 37 TexReg 9353.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scG"><num value="G">SUBCHAPTER G</num><heading>APPLY TEXAS ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scG/s1.128"><num value="1.128">§1.128</num><heading>Authority and Specific Purposes of the Apply Texas Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §51.762, and in accordance with the Texas Education Code, §61.0331, regarding requirements for Negotiated Rulemaking. Moreover, the committee is governed in accordance with the Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter A, §1.6 (relating to Advisory Committees).(b) Purposes. Apply Texas Advisory Committee is created to provide the Board with advice and recommendation(s) regarding the common admission applications and the Apply Texas System, in accordance with Chapter 4, Subchapter A, §4.10 of this title (relating to Common Admission Application Forms).</content><note type="source"><p>Source Note: The provisions of this §1.128 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective November 25, 2015, 40 TexReg 8202; amended to be effective November 29, 2017, 42 TexReg 6621; amended to be effective May 16, 2024, 49 TexReg 3238.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scG/s1.129"><num value="1.129">§1.129</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Apply Texas System--The state's primary method for applying for admission to Texas public institutions of higher education. The Apply Texas System includes, but is not limited to, common admission applications; a portal for completing application forms; help desks to provide users assistance; and a portal through which Texas high school counselors gain access to status data regarding their students' progress in applying for admission and financial aid.(2) Board--The Texas Higher Education Coordinating Board.(3) Interested persons--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its co-chairs or Board staff. Such interested persons may participate in committee discussions, as invited by the co-chairs to do so, but do not have the authority to cast votes.</content><note type="source"><p>Source Note: The provisions of this §1.129 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective November 25, 2015, 40 TexReg 8202.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scG/s1.130"><num value="1.130">§1.130</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of admissions administrators from Texas public institutions of higher education and participating private or independent institutions of higher education, all as defined by Texas Education Code, §61.003, that use the Apply Texas System.(b) Membership on the committee should include:(1) four representatives from public universities with enrollment of more than 30,000 students in previous fall semester;(2) three representatives from public universities with enrollment between 10,000 - 30,000 students in previous fall semester;(3) three representatives from public universities with enrollment between 0 - 9,999 students in previous fall semester;(4) one representative from public universities using the graduate application in the Apply Texas System not selected from paragraphs (1) - (3) of this subsection;(5) three representatives from public community, technical, or state colleges with enrollment of more than 16,000 students in previous fall semester;(6) three representatives from public community, technical, or state colleges with enrollment between 10,000 - 15,999 students in previous fall semester;(7) three representatives from public community, technical, or state colleges with enrollment between 0 - 9,999 students in previous fall semester;(8) two representatives from participating private or independent institutions;(9) one undergraduate student representative; and(10) one school district representative.(c) Interested persons, such as members of the Texas Association of Collegiate Registrars and Admissions Officers, Council of Public University Presidents and Chancellors, Texas Association of Community Colleges, Independent Colleges and Universities of Texas, and legislative and governmental relations staff, shall be regularly advised of committee meetings.(d) In accordance with the Texas Government Code, §2110.002(a), the number of committee members shall not exceed twenty-four (24).(e) Members of the committee shall annually select co-chairs, one from a four-year and one from a two-year institution, who will be responsible for conducting meetings and conveying committee recommendations to the Board.(f) Members shall serve staggered terms of up to three years.</content><note type="source"><p>Source Note: The provisions of this §1.130 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective November 25, 2015, 40 TexReg 8202; amended to be effective November 29, 2017, 42 TexReg 6621; amended to be effective November 16, 2022, 47 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scG/s1.131"><num value="1.131">§1.131</num><heading>Duration</heading><content>The committee shall be abolished no later than October 31, 2029, in accordance with the Texas Government Code, Chapter 2110. It may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.131 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective November 25, 2015, 40 TexReg 8202; amended to be effective August 30, 2017, 42 TexReg 4298; amended to be effective August 15, 2021, 46 TexReg 4848; amended to be effective August 14, 2025, 50 TexReg 5207.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scG/s1.132"><num value="1.132">§1.132</num><heading>Meetings</heading><content>The committee shall meet at least twice a year. Additional meetings, if necessary, may be scheduled as determined by the co-chairs. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by the Board staff and reviewed and adopted by members of the committee.</content><note type="source"><p>Source Note: The provisions of this §1.132 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective November 25, 2015, 40 TexReg 8202.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scG/s1.133"><num value="1.133">§1.133</num><heading>Tasks Assigned the Committee</heading><content>Tasks assigned the committee may include:(1) technical and functional revisions to the common admission applications and the Apply Texas System;(2) development of training materials for the users of the various components of the Apply Texas System;(3) recommendations on admission policy pursuant to the Texas Education Code, §61.0331; and(4) other activities necessary for the maintenance of the Apply Texas System.</content><note type="source"><p>Source Note: The provisions of this §1.133 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective November 25, 2015, 40 TexReg 8202.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scG/s1.134"><num value="1.134">§1.134</num><heading>Report to the Board</heading><content>The co-chairs shall annually report any recommendations to the Board at a Board meeting determined in consultation with Board staff. They shall also provide an annual report to the Board to allow it to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.134 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective November 25, 2015, 40 TexReg 8202.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scH"><num value="H">SUBCHAPTER H</num><heading>CERTIFICATION ADVISORY COUNCIL</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scH/s1.135"><num value="1.135">§1.135</num><heading>Authority and Specific Purposes of the Certification Advisory Council</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §61.314.(b) Purposes. The Certification Advisory Council (council) is created to provide the Board with advice and recommendation(s) regarding standards and procedures to be used in carrying out the provisions of Texas Education Code, Chapter 61, Subchapter G, Regulation of Private Postsecondary Educational Institutions, primarily including standards and procedures related to certification of private postsecondary educational institutions that are nonexempt; assists the Commissioner in the examination of individual applications for Certificates of Authority; and performs other duties related to certification that the Board finds to be appropriate.</content><note type="source"><p>Source Note: The provisions of this §1.135 adopted to be effective December 2, 2013, 38 TexReg 8656.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scH/s1.136"><num value="1.136">§1.136</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Certificate of Authority--The Board's approval of postsecondary institutions (other than exempt institutions), with operations in the State of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees.(4) Exempt Institution--An institution that is accredited by an agency recognized by the Board under §7.6 of this title (relating to Recognition of Accrediting Agencies), or is defined as a "private or independent institution of higher education" under Texas Education Code, §61.003(15), or is a career school or college that applies for and is declared exempt under this chapter, by the Texas Workforce Commission as described in Texas Education Code, §61.303(a), or Texas Education Code, Chapter 132, respectively. Exempt institutions must comply with certain Board rules.(5) Postsecondary Educational Institution--An educational institution which:(A) is not a public community college, public technical college, public senior college or university, medical or dental unit or other agency as defined in Texas Education Code, §61.003;(B) is incorporated under the laws of this state, or maintains a place of business in this state, or has an agent or representative present in this state, or solicits business in this state; and(C) furnishes or offers to furnish courses of instruction in person, by electronic media, by correspondence, or by some means or all leading to a degree; provides or offers to provide credits alleged to be applicable to a degree; or represents that credits earned or granted are collegiate in nature, including describing them as "college-level," or at the level of any protected academic term.(6) Private Postsecondary Educational Institution--An institution which:(A) is not an institution of higher education as defined by Texas Education Code, §61.003;(B) is incorporated under the laws of this state, maintains a place of business in this state, has an agent or representative presence in this state, or solicits business in this state; and(C) furnishes or offers to furnish courses of instruction in person, by electronic media, or by correspondence leading to a degree or providing credits alleged to be applied to a degree.(7) Recognized Accrediting Agency--Any accrediting agency the standards of accreditation or membership for which have been found by the Board to be sufficiently comprehensive and rigorous to qualify its institutional members for an exemption from the operation of Chapter 7 of this title (relating to Degree Granting Colleges and Universities Other Than Texas Public Institutions).(8) Site visit report--The report produced by the site review team in accordance with Chapter 7, Subchapter A, §7.8(3)(I) of this title (relating to Institutions Not Accredited by a Board Recognized Accreditor).</content><note type="source"><p>Source Note: The provisions of this §1.136 adopted to be effective December 2, 2013, 38 TexReg 8656.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scH/s1.137"><num value="1.137">§1.137</num><heading>Council Membership and Officers</heading><content>(a) Membership shall consist of six members with experience in higher education, three of whom must be drawn from private or independent institutions of higher education in Texas as defined in Texas Education Code, §61.003(15).(b) Members of the council shall select the presiding officer at the first meeting of the academic year who will be responsible for conducting meetings and conveying council recommendations to the Board.(c) Members shall serve for two-year staggered terms.</content><note type="source"><p>Source Note: The provisions of this §1.137 adopted to be effective December 2, 2013, 38 TexReg 8656.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scH/s1.138"><num value="1.138">§1.138</num><heading>Duration</heading><content>The council shall be abolished no later than October 31, 2029, in accordance with the Texas Government Code, Chapter 2110, unless it is reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.138 adopted to be effective December 2, 2013, 38 TexReg 8656; amended to be effective August 30, 2017, 42 TexReg 4298; amended to be effective August 15, 2021, 46 TexReg 4849; amended to be effective August 14, 2025, 50 TexReg 5207.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scH/s1.139"><num value="1.139">§1.139</num><heading>Meetings</heading><content>The council shall meet on a quarterly basis scheduled no later than the first day of the month prior to the month that the Board Committee on Academic and Workforce Success meets. A quarterly meeting may be cancelled if no actions are pending requiring advice from the Certification Advisory Council. A quarterly meeting may be rescheduled if a quorum of members cannot be met. Special meetings may be called as deemed appropriate by the presiding officer. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties, and minutes shall be made available to the public after they have been prepared by the Board staff and reviewed by members of the council.</content><note type="source"><p>Source Note: The provisions of this §1.139 adopted to be effective December 2, 2013, 38 TexReg 8656.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scH/s1.140"><num value="1.140">§1.140</num><heading>Tasks Assigned to the Council</heading><content>Tasks assigned to the council include:(1) Review the site visit report and an institution's response for each Certificate of Authority application;(2) Make recommendations regarding the Certificate of Authority application to the Board;(3) Review requests by an accrediting agency for recognition by the Board; and(4) Perform other duties related to certification that the Board requests of the council.</content><note type="source"><p>Source Note: The provisions of this §1.140 adopted to be effective December 2, 2013, 38 TexReg 8656.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scH/s1.141"><num value="1.141">§1.141</num><heading>Report to the Board; Evaluation of Council Costs and Effectiveness</heading><content>The council presiding officer shall timely report any recommendations to the Board but on no less than an annual basis. The council shall also report council activities to the Board to allow the Board to properly evaluate the council's work, usefulness, and the costs related to the council's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.141 adopted to be effective December 2, 2013, 38 TexReg 8656.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scI"><num value="I">SUBCHAPTER I</num><heading>FAMILY PRACTICE RESIDENCY ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scI/s1.142"><num value="1.142">§1.142</num><heading>Authority and Specific Purposes of the Family Practice Residency Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, Chapter 61, §61.505.(b) Purposes. The Family Practice Residency Advisory Committee is created to provide the Board with advice and recommendation(s) regarding the Family Practice Residency Program.</content><note type="source"><p>Source Note: The provisions of this §1.142 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scI/s1.143"><num value="1.143">§1.143</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Approved family practice residency training program--A graduate medical education program operated by a medical school, licensed hospital(s), or nonprofit corporation(s) that has been approved for training physicians in family practice and for the receipt of state funds for that purpose.(4) Interested persons--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its presiding officer. Such interested persons may participate in committee discussions, as invited by the presiding officer to do so, but do not have the authority to cast votes.</content><note type="source"><p>Source Note: The provisions of this §1.143 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scI/s1.144"><num value="1.144">§1.144</num><heading>Committee Membership and Officers</heading><content>(a) The Family Practice Residency Advisory Committee shall consist of 12 members, including:(1) one member who is a licensed physician appointed by the Texas Osteopathic Medical Association;(2) two members who are licensed physicians appointed by the Association of Directors of Family Practice Training Programs;(3) two members who are administrators of hospitals in which an approved family practice residency training program operates and appointed by the Texas Hospital Association;(4) one member who is a licensed physician appointed by the Texas Medical Association;(5) two members who are licensed physicians appointed by the Texas Academy of Family Physicians;(6) three members of the public appointed to the committee by the governor; and(7) the president of the Texas Academy of Family Physicians.(b) Interested persons, such as representatives of health-related institutions, system offices, professional associations, and legislative and governmental relations staff shall be regularly advised of committee meetings.(c) Members of the committee shall select the presiding officer, who will serve a one-year term and will be responsible for conducting meetings and conveying committee recommendations to the Board.(d) Members, excluding the president of the Texas Academy of Family Physicians, shall serve for a term of three years and serve until their positions are filled.</content><note type="source"><p>Source Note: The provisions of this §1.144 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scI/s1.145"><num value="1.145">§1.145</num><heading>Duration</heading><content>The committee shall be abolished no later than October 31, 2029, in accordance with the Texas Government Code, Chapter 2110. It may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.145 adopted to be effective December 2, 2013, 38 TexReg 8658; amended to be effective August 30, 2017, 42 TexReg 4298; amended to be effective August 15, 2021, 46 TexReg 4849; amended to be effective August 14, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scI/s1.146"><num value="1.146">§1.146</num><heading>Meetings</heading><content>The committee shall meet at least annually. Special meetings may be called as deemed appropriate by the presiding officer. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by the Board staff and reviewed by members of the committee.</content><note type="source"><p>Source Note: The provisions of this §1.146 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scI/s1.147"><num value="1.147">§1.147</num><heading>Tasks Assigned the Committee</heading><content>Tasks assigned the committee include:(1) review for the Board applications for approval and funding of family practice residency training programs and related support programs;(2) make recommendations to the Board relating to:(A) the standards and criteria for approval of residency training and related support programs; and(B) the effectiveness of the programs the Board administers that provide incentives to physicians to practice in underserved areas of this state; and(3) perform such other duties as may be directed by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.147 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scI/s1.148"><num value="1.148">§1.148</num><heading>Report to the Board; Evaluation of Committee Costs and Effectiveness</heading><content>The committee chairperson shall report any recommendations to the Board on no less than an annual basis. The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.148 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scJ"><num value="J">SUBCHAPTER J</num><heading>FINANCIAL AID ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scJ/s1.149"><num value="1.149">§1.149</num><heading>Authority and Specific Purposes of the Financial Aid Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §61.0776, and the Texas Government Code, Chapter 2110, §2110.0012.(b) Purposes.(1) The Financial Aid Advisory Committee is created to provide the Board with advice and recommendations regarding the development, implementation, and evaluation of state financial aid programs for college students. In this capacity, it is also to assist staff in the development of training materials for use by the Center for Financial Aid Information and others in informing students, parents, secondary education counselors, college personnel, members of appropriate community-based organizations, and others about financial aid opportunities for Texas students, including eligibility requirements and procedures for applying for financial aid.(2) In addition, the committee shall provide insight on state financial aid program policies and procedures (e.g. eligibility, allocations, disbursement processes, etc); review the collection, use, and reporting of data; and identify areas of research for consideration.</content><note type="source"><p>Source Note: The provisions of this §1.149 adopted to be effective December 2, 2013, 38 TexReg 8658; amended to be effective August 30, 2016, 41 TexReg 6478.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scJ/s1.150"><num value="1.150">§1.150</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The Texas Higher Education Coordinating Board.(2) Center for Financial Aid Information--The state's entity for developing and disseminating information about financial aid for college, consisting of the Texas Financial Aid Information Center call center, and the College for All Texans website.(3) Interested persons--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its presiding officer. Such interested persons may participate in committee discussions, as invited by the presiding officer to do so, but do not have the authority to cast votes.</content><note type="source"><p>Source Note: The provisions of this §1.150 adopted to be effective December 2, 2013, 38 TexReg 8658; amended to be effective August 30, 2016, 41 TexReg 6478.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scJ/s1.151"><num value="1.151">§1.151</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of financial aid practitioners, public school counselors, and other persons employed in the non-profit sector in roles with responsibility for advising students regarding financial aid.(b) Membership on the committee will include:(1) at least two representatives from the following sectors of higher education: four-year public universities, two-year colleges, and private institutions; and at least one representative from a health-related institution;(2) at least one student representative from a public institution of higher education, who serves as a non-voting member;(3) at least two representatives of school districts;(4) at least one representative from the non-profit sector with responsibility for advising students regarding financial aid; and(5) one representative from the Texas Association of Student Financial Aid Administrators (TASFAA), named by the TASFAA Board, who serves as a non-voting member.(c) Interested persons and legislative and governmental relations staff shall be regularly advised of committee meetings.(d) The number of committee members shall not exceed twenty-four (24).(e) Members of the committee shall select:(1) the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board, and who will be selected from the financial aid practitioners serving on the committee; and(2) the vice chair, who will succeed the presiding officer at the end of the presiding officer's year of service, and who will be selected from the financial aid practitioners serving on the committee.(f) Committee members' terms will begin with the first committee meeting of each state fiscal year.(g) The transition of leadership to the new presiding officer will occur at the end of the first committee meeting of each state fiscal year. The new presiding officer's term will begin with the second committee meeting of each year. If the chair steps down with more than half his or her term remaining, the vice chair will become chair with the option to complete the previous chair's term and his or her own term or choose to only complete the previous chair's term. If the vice chair's decision is to only complete the previous chair's term, the committee shall immediately elect a new vice chair. If less than half the chair's term remains when the chair steps down, the vice chair will complete both terms.(h) Members shall serve for a term of three years, except that, regardless of the number of years previously on the committee, terms for persons who serve as chair of the committee will include the year as chair and the subsequent year as immediate-past chair; and the terms of persons who serve as vice chair will include the year as vice chair, the subsequent year as chair, and a following year as immediate-past chair of the committee. Student members of the committee will serve two-year terms. The TASFAA representative will serve a one-year term. Persons who have previously served on the committee are eligible to serve again.</content><note type="source"><p>Source Note: The provisions of this §1.151 adopted to be effective December 2, 2013, 38 TexReg 8658; amended to be effective August 30, 2016, 41 TexReg 6478; amended to be effective September 10, 2021, 46 TexReg 4849.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scJ/s1.152"><num value="1.152">§1.152</num><heading>Duration</heading><content>The committee shall be abolished no later than October 31, 2029, in accordance with Texas Government Code, Chapter 2110. It may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.152 adopted to be effective December 2, 2013, 38 TexReg 8658; amended to be effective August 22, 2019, 44 TexReg 4311; amended to be effective September 10, 2021, 46 TexReg 4849; amended to be effective August 14, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scJ/s1.153"><num value="1.153">§1.153</num><heading>Meetings</heading><content>The committee shall meet on a quarterly basis. Special meetings may be called as deemed appropriate by the presiding officer. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by the Board staff and reviewed by members of the committee.</content><note type="source"><p>Source Note: The provisions of this §1.153 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scJ/s1.154"><num value="1.154">§1.154</num><heading>Tasks Assigned the Committee</heading><content>(a) Tasks assigned the committee include providing the agency with guidance and advice to:(1) develop a comprehensive financial aid training program for public school counselors, employees of student financial aid offices of public institutions and private or independent institutions of higher education, members of appropriate community-based organizations, and other appropriate persons;(2) teach methods to enable persons receiving training to effectively communicate financial aid information to students, parents and others;(3) support and promote the dissemination of financial aid information, including eligibility requirements and procedures for applying for financial aid, to students, parents and others; and(4) publicize training and make it easily available to public school counselors and other appropriate persons across the state.(b) Other tasks to be addressed include:(1) evaluate and make recommendations regarding means for improving state financial aid programs;(2) review and make recommendations regarding program rules and administrative materials to assure procedures are effective and efficient;(3) review the collection, use, and reporting of financial aid data; and(4) identify areas of research for consideration.</content><note type="source"><p>Source Note: The provisions of this §1.154 adopted to be effective December 2, 2013, 38 TexReg 8658; amended to be effective August 30, 2016, 41 TexReg 6478.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scJ/s1.155"><num value="1.155">§1.155</num><heading>Report to the Board; Evaluation of Committee Costs and Effectiveness</heading><content>The committee chairperson shall report any recommendations to the Board on no less than an annual basis. The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.155 adopted to be effective December 2, 2013, 38 TexReg 8658.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scK"><num value="K">SUBCHAPTER K</num><heading>STANDING ADVISORY COMMITTEE: PUBLIC JUNIOR COLLEGES</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scK/s1.156"><num value="1.156">§1.156</num><heading>Authority and Specific Purposes of the Standing Advisory Committee for Public Junior Colleges</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §130.001(b).(b) Purposes. The Standing Advisory Committee for Public Junior Colleges is created to provide the Commissioner and Board with advice and counsel with respect to the funding of public junior colleges and financial incentives to achieve the goals of the state's higher education plan and carry out the purposes of Texas Education Code, Chapter 130A, implementing the Public Junior College Finance Program. The committee also performs other duties related to funding that the Board or Commissioner assign to the committee.</content><note type="source"><p>Source Note: The provisions of this §1.156 adopted to be effective February 15, 2024, 49 TexReg 661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scK/s1.157"><num value="1.157">§1.157</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Coordinating Board--Unless context indicates otherwise, the agency known as the Texas Higher Education Coordinating Board and staff employed by the agency to carry out assigned duties of the agency.</content><note type="source"><p>Source Note: The provisions of this §1.157 adopted to be effective February 15, 2024, 49 TexReg 661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scK/s1.158"><num value="1.158">§1.158</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of senior administrators and representatives of Texas public junior colleges with knowledge of the current funding formulas and the educational goals of the state.(b) Membership on the committee should include:(1) Representatives of each accountability group;(2) Presidents or Chancellors;(3) Chief Financial or Academic Officers; and(4) Institutional Research or other expert campus representatives.(c) The number of committee members shall not exceed twelve (12).(d) The Commissioner shall recommend members to the Board for appointment.(e) The Commissioner shall select the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board and the Commissioner.(f) Each member shall serve a three-year staggered term, unless otherwise provided by the Commissioner. A member may serve more than one term.(g) The committee may appoint subcommittees or workgroups as necessary to complete the work.</content><note type="source"><p>Source Note: The provisions of this §1.158 adopted to be effective February 15, 2024, 49 TexReg 661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scK/s1.159"><num value="1.159">§1.159</num><heading>Duration</heading><content>The committee shall continue until September 1, 2027, and may be re-established by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.159 adopted to be effective February 15, 2024, 49 TexReg 661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scK/s1.160"><num value="1.160">§1.160</num><heading>Meetings</heading><content>The committee shall meet on a regular basis not less than once a quarter. Special meetings may be called as deemed appropriate by the presiding officer.</content><note type="source"><p>Source Note: The provisions of this §1.160 adopted to be effective February 15, 2024, 49 TexReg 661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scK/s1.161"><num value="1.161">§1.161</num><heading>Tasks Assigned to the Committee</heading><content>Tasks assigned to the committee include:(1) Provide counsel to the Board and Commissioner on the administration of the Public Junior College Finance Program;(2) Study and make recommendations for modification to the formulas and other components of the Public Junior College Finance Program that will increase effectiveness and efficiencies of the programs delivered;(3) Identify funding incentives that would support the achievement of the state's goals outlined in the long-term master plan for higher education authorized in the Texas Education Code, §61.051(a-1); and(4) Any other charges issued by the Board or Commissioner of Higher Education.</content><note type="source"><p>Source Note: The provisions of this §1.161 adopted to be effective February 15, 2024, 49 TexReg 661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scK/s1.162"><num value="1.162">§1.162</num><heading>Recommendations</heading><content>The committee shall provide recommendations to the Commissioner on policies and rules necessary to implement the Public Junior College Finance Program. The committee shall provide the recommendations on a schedule approved by the Commissioner necessary to ensure the Commissioner can make timely recommendations to the Board for the adoption of rules for the program.</content><note type="source"><p>Source Note: The provisions of this §1.162 adopted to be effective February 15, 2024, 49 TexReg 661.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scL"><num value="L">SUBCHAPTER L</num><heading>FORMULA ADVISORY COMMITTEE - GENERAL ACADEMIC INSTITUTIONS, TECHNICAL COLLEGES, AND STATE COLLEGES</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scL/s1.164"><num value="1.164">§1.164</num><heading>Authority and Specific Purposes of the General Academic Institutions, Technical Colleges, and State Colleges Formula Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §61.059(b) and (b-1).(b) Purposes. The General Academic Institutions, Technical Colleges, and State Colleges Formula Advisory Committee is created to provide the Board with advice and recommendation(s) regarding a set of formulas that provide appropriate funding levels and financial incentives necessary to best achieve the goals of the state's higher education plan. The committee also performs other duties related to formula funding that the Board finds to be appropriate.</content><note type="source"><p>Source Note: The provisions of this §1.164 adopted to be effective December 2, 2013, 38 TexReg 8659; amended to be effective June 6, 2016, 41 TexReg 3996; amended to be effective February 15, 2024, 49 TexReg 662.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scL/s1.165"><num value="1.165">§1.165</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Interested persons--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its presiding officer. Such interested persons may participate in committee discussions, as invited by the presiding officer to do so, but do not have the authority to cast votes.(4) Public state colleges--Lamar State College - Port Arthur, Lamar State College - Orange, and Lamar Institute of Technology.(5) The Texas Higher Education Coordinating Board--the agency known as the Texas Higher Education Coordinating Board and its staff.</content><note type="source"><p>Source Note: The provisions of this §1.165 adopted to be effective December 2, 2013, 38 TexReg 8659; amended to be effective February 15, 2024, 49 TexReg 662.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scL/s1.166"><num value="1.166">§1.166</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of representatives of Texas public general academic institutions, public state colleges, and Texas State Technical College with knowledge of the current funding formulas and the educational goals of the state.(b) Membership on the committee should include representatives of each accountability group and at least one individual each to represent the public state colleges and Texas State Technical Colleges.(c) Interested persons, such as legislative and governmental relations staff shall be regularly advised of committee meetings.(d) The number of committee members shall not exceed twenty-four (24).(e) The committee may appoint subcommittees or workgroups as necessary to complete its work. The subcommittees or workgroups may include members from the formula advisory committees and other institutional representatives as appropriate.(f) Members of the committee shall select the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board.(g) Members shall serve six-year staggered terms with one-third of the membership expiring every other year. A member can be re-appointed to serve another term.</content><note type="source"><p>Source Note: The provisions of this §1.166 adopted to be effective December 2, 2013, 38 TexReg 8659; amended to be effective February 15, 2024, 49 TexReg 662.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scL/s1.167"><num value="1.167">§1.167</num><heading>Duration</heading><content>Not later than September 1 of each odd-numbered year, the Board shall appoint an advisory committee to review the funding formulas for the use of the Governor and the Legislative Budget Board in making appropriations recommendations to the legislature for general academic institutions, technical colleges, and state colleges.</content><note type="source"><p>Source Note: The provisions of this §1.167 adopted to be effective December 2, 2013, 38 TexReg 8659; amended to be effective February 15, 2024, 49 TexReg 662.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scL/s1.168"><num value="1.168">§1.168</num><heading>Meetings</heading><content>The committee shall meet as necessary beginning in the fall of every odd-numbered year. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by the Board staff and reviewed by members of the committee.</content><note type="source"><p>Source Note: The provisions of this §1.168 adopted to be effective December 2, 2013, 38 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scL/s1.169"><num value="1.169">§1.169</num><heading>Tasks Assigned the Committee</heading><content>Tasks assigned to the committee include:(1) Study and make recommendations for the appropriate funding levels for each formula;(2) Study and make recommendations for modification to the formulas that will increase effectiveness and efficiencies of the programs delivered;(3) Identify funding incentives that would support the achievement of the state's goals outlined in the long-term master plan for higher education authorized in the Texas Education Code, §61.051(a-1); and(4) Any other charges issued by the Commissioner of Higher Education.</content><note type="source"><p>Source Note: The provisions of this §1.169 adopted to be effective December 2, 2013, 38 TexReg 8659; amended to be effective June 6, 2016, 41 TexReg 3996.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scL/s1.170"><num value="1.170">§1.170</num><heading>Report to the Board; Evaluation of Committee Costs and Effectiveness</heading><content>(a) Subcommittee and workgroup recommendations shall be made to the committee no later than January 15 of the year following its appointment.(b) The committee shall convey its recommendations to the Board no later than February 1 of the year following its appointment.(c) The Commissioner may provide recommendations to the Board if they differ from the committee's recommendations.(d) After considering all such recommendations, the Board shall adopt its own recommendations at the quarterly Board meeting in April of even-numbered years. The Commissioner shall transmit the Board's recommendations to the Governor, the Legislature, and the Legislative Budget Board no later than June 1 of each even-numbered year.(e) The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.170 adopted to be effective December 2, 2013, 38 TexReg 8659.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scM"><num value="M">SUBCHAPTER M</num><heading>FORMULA ADVISORY COMMITTEE - HEALTH-RELATED INSTITUTIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scM/s1.171"><num value="1.171">§1.171</num><heading>Authority and Specific Purposes of the Health-Related Institutions Formula Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §61.059(b).(b) Purposes. The Health-Related Institutions Formula Advisory Committee is created to provide the Board with advice and recommendation(s) regarding a set of formulas that provide appropriate funding levels and financial incentives necessary to best achieve the goals of the state's higher education plan. The committee also performs other duties related to formula funding that the Board finds to be appropriate.</content><note type="source"><p>Source Note: The provisions of this §1.171 adopted to be effective December 2, 2013, 38 TexReg 8661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scM/s1.172"><num value="1.172">§1.172</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Interested persons--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its presiding officer. Such interested persons may participate in committee discussions, as invited by the presiding officer to do so, but do not have the authority to cast votes.</content><note type="source"><p>Source Note: The provisions of this §1.172 adopted to be effective December 2, 2013, 38 TexReg 8661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scM/s1.173"><num value="1.173">§1.173</num><heading>Committee Membership and Officers</heading><content>(a) Membership on the committee shall include one representative of each institution receiving funding as a public health related institution in the General Appropriations Act. These representatives shall have knowledge of the current funding formulas and the educational goals of the state.(b) Interested persons, such as legislative and governmental relations staff shall be regularly advised of committee meetings.(c) The number of committee members shall not exceed twenty-four (24).(d) The committee may appoint subcommittees or workgroups as necessary to complete its work. The subcommittees or workgroups may include members from the formula advisory committees and other institutional representatives as appropriate.(e) Members of the committee shall select the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board.(f) Members shall serve six year staggered terms with one-third of the membership expiring every other year. A member can be re-appointed to serve another term.</content><note type="source"><p>Source Note: The provisions of this §1.173 adopted to be effective December 2, 2013, 38 TexReg 8661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scM/s1.174"><num value="1.174">§1.174</num><heading>Duration</heading><content>Not later than September 1 of each odd-numbered year, the Board shall appoint an advisory committee to review the funding formulas for the use of the Governor and the Legislative Budget Board in making appropriations recommendations to the legislature for health-related institutions.</content><note type="source"><p>Source Note: The provisions of this §1.174 adopted to be effective December 2, 2013, 38 TexReg 8661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scM/s1.175"><num value="1.175">§1.175</num><heading>Meetings</heading><content>The committee shall meet as necessary beginning in the fall of every odd-numbered year. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by the Board staff and reviewed by members of the committee.</content><note type="source"><p>Source Note: The provisions of this §1.175 adopted to be effective December 2, 2013, 38 TexReg 8661.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scM/s1.176"><num value="1.176">§1.176</num><heading>Tasks Assigned the Committee</heading><content>Tasks assigned the committee include:(1) Study and make recommendations for the appropriate funding levels for each formula;(2) Study and make recommendations for modification to the formulas that will increase effectiveness and efficiencies of the programs delivered;(3) Identify funding incentives that would support the achievement of the state's goals outlined in the long-term master plan for higher education authorized in the Texas Education Code, §61.051(a-1); and(4) Any other charges issued by the Commissioner of Higher Education.</content><note type="source"><p>Source Note: The provisions of this §1.176 adopted to be effective December 2, 2013, 38 TexReg 8661; amended to be effective June 6, 2016, 41 TexReg 3996.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scM/s1.177"><num value="1.177">§1.177</num><heading>Report to the Board; Evaluation of Committee Costs and Effectiveness</heading><content>(a) Subcommittee and workgroup recommendations shall be made to the committee no later than January 15 of the year following its appointment.(b) The committee shall convey its recommendations to the Board no later than February 1 of the year following its appointment.(c) The Commissioner may provide recommendations to the Board if they differ from the committee's recommendations.(d) After considering all such recommendations, the Board shall adopt its own recommendations at the quarterly Board meeting in April of even-numbered years. The Commissioner shall transmit the Board's recommendations to the Governor, the Legislature, and the Legislative Budget Board no later than June 1 of each even-numbered year.(e) The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.177 adopted to be effective December 2, 2013, 38 TexReg 8661.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scN"><num value="N">SUBCHAPTER N</num><heading>GENERAL EDUCATION CURRICULUM ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scN/s1.180"><num value="1.180">§1.180</num><heading>Authority and Specific Purposes of the General Education Curriculum Advisory Committee.</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §61.0522, and Texas Government Code, chapter 2110. (b) Purposes. The General Education Curriculum Advisory Committee is created to provide the Commissioner and Board with advice on the implementation of Texas Education Code, §61.0522. The committee also performs other duties related to funding that the Board or Commissioner assign to the committee.</content><note type="source"><p>Source Note: The provisions of this §1.180 adopted to be effective November 13, 2025, 50 TexReg 7236.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scN/s1.181"><num value="1.181">§1.181</num><heading>Definitions.</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless otherwise defined in the subchapter: (1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board. (2) Commissioner--The Texas Commissioner of Higher Education. (3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.</content><note type="source"><p>Source Note: The provisions of this §1.181 adopted to be effective November 13, 2025, 50 TexReg 7236.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scN/s1.182"><num value="1.182">§1.182</num><heading>Committee Membership and Officers.</heading><content>(a) The Commissioner will call for nominations from chancellors, presidents, and chief academic officers of institutions of higher education. (b) The committee shall consist of fourteen members drawn evenly from two and four year institutions of higher education. (c) The Commissioner shall recommend members to the Board for appointment. (d) The Commissioner may replace any committee member who the Commissioner determines is not attending meetings or actively engaging in the work of the committee. In such cases, the Commissioner may appoint an alternate member to fill the vacancy drawn from the original list of nominees who were not selected for the committee. Such appointment is subject to Board ratification or disapproval at the next Board meeting following replacement of the committee member. (e) The Commissioner shall select the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board and the Commissioner. (f) Each member shall serve a term ending on September 1, 2027, unless otherwise provided by the Board. (g) The committee may appoint subcommittees or workgroups as necessary to complete the work.</content><note type="source"><p>Source Note: The provisions of this §1.182 adopted to be effective November 13, 2025, 50 TexReg 7236.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scN/s1.183"><num value="1.183">§1.183</num><heading>Duration and Meetings.</heading><content>The committee shall continue until September 1, 2027. The committee shall meet at least monthly and may convene more frequently, including multiple times per month, at the discretion of the presiding officer.</content><note type="source"><p>Source Note: The provisions of this §1.183 adopted to be effective November 13, 2025, 50 TexReg 7236.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scN/s1.184"><num value="1.184">§1.184</num><heading>Tasks Assigned to the Committee.</heading><content>Tasks assigned to the committee include: (1) Review the general education curriculum requirements in alignment with Texas Education Code; (2) Consider methods for determining general education curriculum component area courses;(3) Explore opportunities for condensing the number of general education courses required by institutions of higher education, which may include the study of a shorter core curriculum requirement; (4) Submit a written report of findings and recommendations to the Texas Higher Education Coordinating Board no later than September 1, 2026, to inform the Board's December 31, 2026 report to the Legislature; and (5) Any other charges issued by the Board or Commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.184 adopted to be effective November 13, 2025, 50 TexReg 7236.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scO"><num value="O">SUBCHAPTER O</num><heading>LEARNING TECHNOLOGY ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scO/s1.185"><num value="1.185">§1.185</num><heading>Authority and Specific Purposes of the Learning Technology Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Government Code, Chapter 2110, §2110.0012.(b) Purposes. The Learning Technology Advisory Committee is created to provide the Board with advice and recommendation(s) regarding the role that learning technology plays in Texas higher education.</content><note type="source"><p>Source Note: The provisions of this §1.185 adopted to be effective December 2, 2013, 38 TexReg 8664; amended to be effective November 26, 2018, 43 TexReg 7681.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scO/s1.186"><num value="1.186">§1.186</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Interested persons--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its presiding officer. Such interested persons may participate in committee discussions, as invited by the presiding officer to do so, but do not have the authority to cast votes.</content><note type="source"><p>Source Note: The provisions of this §1.186 adopted to be effective December 2, 2013, 38 TexReg 8664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scO/s1.187"><num value="1.187">§1.187</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of administrators, faculty, and other persons closely involved in the oversight of distance education and computer assisted instruction at Texas institutions of higher education.(b) Membership on the committee should include:(1) ten representatives of public community and technical colleges;(2) ten representatives of public universities;(3) two representatives of public health-related institutions;(4) one representative from a Texas private institution; and(5) one non-voting student representative.(c) Interested persons, such as chief academic officers, and legislative and governmental relations staff shall be regularly advised of committee meetings.(d) The number of committee members shall not exceed twenty-four (24).(e) Members of the committee shall select the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board. A co-chair may also be elected to serve in the presiding officer's stead as needed.(f) Members shall serve staggered terms of up to three years. The terms of chairs and co-chairs (if applicable) will be two years dating from their election.</content><note type="source"><p>Source Note: The provisions of this §1.187 adopted to be effective December 2, 2013, 38 TexReg 8664; amended to be effective November 26, 2018, 43 TexReg 7681.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scO/s1.188"><num value="1.188">§1.188</num><heading>Duration</heading><content>The committee shall be abolished no later than April 27, 2028, in accordance with Texas Government Code, Chapter 2110. It may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.188 adopted to be effective December 2, 2013, 38 TexReg 8664; amended to be effective August 30, 2017, 42 TexReg 4299; amended to be effective August 15, 2021, 46 TexReg 4850; amended to be effective May 18, 2023, 48 TexReg 2490.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scO/s1.189"><num value="1.189">§1.189</num><heading>Meetings</heading><content>The committee may meet four to six times per year, including via teleconference. Special meetings may be called as deemed appropriate by the presiding officer. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by the Board staff and reviewed by members of the committee.</content><note type="source"><p>Source Note: The provisions of this §1.189 adopted to be effective December 2, 2013, 38 TexReg 8664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scO/s1.190"><num value="1.190">§1.190</num><heading>Tasks Assigned the Committee</heading><content>Tasks assigned to the committee include:(1) Analysis of the current state of distance education in Texas higher education including the use of various distance education modalities, the cost of distance education, the availability of high need and high demand degree programs through distance education, institutional fee structures associated with distance education, the role of technology in instructional cost effectiveness, and public/private distance education collaborations;(2) Development of policy recommendations to the Board on critical issues such as:(A) The development of distance education institutional collaboratives;(B) The development of affordable electronic course resources and learning materials, including open educational resources, textbooks, and other digital learning objects;(C) Best practices in the evaluation of distance education, including review and update of the Principles of Good Practice for Distance Education;(D) The role of online and hybrid education in offering accessible and affordable degree programs;(E) Partnerships between community colleges and universities that leverage technologyto increase the number of degree completion options available to students;(F) Ways to creatively and innovatively use technology to change the way in which higher education is offered; and(G) Ways to creatively and innovatively use technology to increase student retention and success through programs such as just-in-time, on-demand academic support services.(3) Review and provide recommendations on Institutional Plans for Distance Education to promote the development and delivery of high-quality programs.</content><note type="source"><p>Source Note: The provisions of this §1.190 adopted to be effective December 2, 2013, 38 TexReg 8664; amended to be effective May 18, 2023, 48 TexReg 2490.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scO/s1.191"><num value="1.191">§1.191</num><heading>Report to the Board; Evaluation of Committee Costs and Effectiveness</heading><content>The committee chairperson shall report any recommendations to the Board on no less than an annual basis. The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.191 adopted to be effective December 2, 2013, 38 TexReg 8664.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scP"><num value="P">SUBCHAPTER P</num><heading>LOWER-DIVISION ACADEMIC COURSE GUIDE MANUAL ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scP/s1.192"><num value="1.192">§1.192</num><heading>Authority and Specific Purposes of the Lower-Division Academic Course Guide Manual Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in the Texas Government Code, Chapter 2110, §2110.0012.(b) Purposes. The Lower-Division Academic Course Guide Manual Advisory Committee is created to provide the Board with advice and recommendation(s) regarding new disciplines of study, developments within existing disciplines represented by courses in the manual, vertical and horizontal alignment of courses within disciplines, and obsolesces of disciplines of study and courses.</content><note type="source"><p>Source Note: The provisions of this §1.192 adopted to be effective December 2, 2013, 38 TexReg 8665.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scP/s1.193"><num value="1.193">§1.193</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Interested persons--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its presiding officer. Such interested persons may participate in committee discussions, as invited by the presiding officer to do so, but do not have the authority to cast votes.</content><note type="source"><p>Source Note: The provisions of this §1.193 adopted to be effective December 2, 2013, 38 TexReg 8665.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scP/s1.194"><num value="1.194">§1.194</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of faculty and administrators from public institutions who are involved in the provision of lower-division courses intended for transfer.(b) Membership on the committee should include:(1) nine representatives from public community, technical, and state colleges;(2) nine representatives from public universities; and(3) one ex-officio representative from the Texas Common Course Numbering System.(c) Interested persons, such as chief academic officers at public institutions, and legislative and governmental relations staff, will be regularly advised of committee meetings.(d) The number of committee members shall not exceed twenty-four (24).(e) Members of the committee shall select the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board.(f) Members shall serve staggered terms of up to three years.</content><note type="source"><p>Source Note: The provisions of this §1.194 adopted to be effective December 2, 2013, 38 TexReg 8665.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scP/s1.195"><num value="1.195">§1.195</num><heading>Duration</heading><content>The committee shall be abolished no later than October 31, 2029, in accordance with Texas Government Code, Chapter 2110. It may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.195 adopted to be effective December 2, 2013, 38 TexReg 8665; amended to be effective August 30, 2017, 42 TexReg 4299; amended to be effective August 15, 2021, 46 TexReg 4850; amended to be effective November 13, 2025, 50 TexReg 7237.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scP/s1.196"><num value="1.196">§1.196</num><heading>Meetings</heading><content>The committee shall meet at least annually. Special meetings may be called as deemed appropriate by the presiding officer. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties, and minutes shall be available to the public after they have been prepared by the Board staff and reviewed by members of the committee.</content><note type="source"><p>Source Note: The provisions of this §1.196 adopted to be effective December 2, 2013, 38 TexReg 8665.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scP/s1.197"><num value="1.197">§1.197</num><heading>Tasks Assigned the Committee</heading><content>Tasks assigned the committee include providing recommendations to the Commissioner regarding:(1) the addition of courses to the lower-division academic course guide manual;(2) the deletion of courses from the lower-division academic course guide manual;(3) the revision of courses in the lower-division academic course guide manual; and(4) other activities necessary for the maintenance of the lower-division academic course guide manual.</content><note type="source"><p>Source Note: The provisions of this §1.197 adopted to be effective December 2, 2013, 38 TexReg 8665; amended to be effective February 11, 2026, 51 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scP/s1.198"><num value="1.198">§1.198</num><heading>Report to the Board; Evaluation of Committee Costs and Effectiveness</heading><content>The committee chairperson shall report any recommendations to the Board on no less than an annual basis. The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.</content><note type="source"><p>Source Note: The provisions of this §1.198 adopted to be effective December 2, 2013, 38 TexReg 8665.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scT"><num value="T">SUBCHAPTER T</num><heading>WORKFORCE EDUCATION COURSE MANUAL ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scT/s1.220"><num value="1.220">§1.220</num><heading>Authority and Specific Purposes of the Workforce Education Course Manual Advisory Committee</heading><content>(a) Authority: The authority for this subchapter is provided in the Texas Education Code, §130.001.(b) Purposes. The Workforce Education Course Manual (WECM) Advisory Committee is created to provide the Board with advice regarding content, structure, currency and presentation of the Workforce Education Course Manual (WECM) and its courses; coordinating field engagement in processes, maintenance, and use of the WECM; and assistance in identifying new courses and obsolete courses.</content><note type="source"><p>Source Note: The provisions of this §1.220 adopted to be effective February 22, 2017, 42 TexReg 682; amended to be effective August 15, 2024, 49 TexReg 5952; amended to be effective February 11, 2026, 51 TexReg 715.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scT/s1.221"><num value="1.221">§1.221</num><heading>Definitions</heading><content>The word and term "Board" shall mean the governing body of the agency known as the Texas Higher Education Coordinating Board, when used in this subchapter, unless the context clearly indicates otherwise.</content><note type="source"><p>Source Note: The provisions of this §1.221 adopted to be effective February 22, 2017, 42 TexReg 682; amended to be effective August 15, 2024, 49 TexReg 5952.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scT/s1.222"><num value="1.222">§1.222</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of faculty and administrators from public community, state, and technical colleges with demonstrated leadership in career and technical education.(b) Membership on the committee shall include: representatives from public community, state, and technical colleges as defined in Texas Education Code, §61.003; and(1) one (1) ex-officio representative from the Texas Association of College Technical Educators (TACTE), nominated by the TACTE Board; and(2) one (1) ex-officio representative from the Texas Administrators of Continuing Education (TACE), nominated by the TACE Board; and(3) one (1) ex-officio representative from the Texas Association of College Registrars and Admissions Officers (TACRAO), nominated by the TACRAO Board.(c) The number of committee members shall not exceed twenty-four (24).(d) Members of the committee shall select the chair and vice-chair who will each serve two-year terms. The vice-chair shall succeed as the presiding chair every two years.(e) Members shall serve staggered terms of up to three years except an individual who serves first as vice-chair and then chair, who will serve a term of four years.</content><note type="source"><p>Source Note: The provisions of this §1.222 adopted to be effective February 22, 2017, 42 TexReg 682; amended to be effective May 17, 2021, 46 TexReg 3122; amended to be effective August 15, 2024, 49 TexReg 5952.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scT/s1.223"><num value="1.223">§1.223</num><heading>Duration</heading><content>The committee shall be abolished no later than January 31, 2029, in accordance with Texas Government Code, §2110.008. It may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.223 adopted to be effective February 22, 2017, 42 TexReg 682; amended to be effective November 22, 2020, 45 TexReg 8333; amended to be effective August 15, 2024, 49 TexReg 5952.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scT/s1.224"><num value="1.224">§1.224</num><heading>Meetings</heading><content>The committee shall meet at least twice yearly. Special meetings may be called as deemed appropriate by the presiding officer.</content><note type="source"><p>Source Note: The provisions of this §1.224 adopted to be effective February 22, 2017, 42 TexReg 682; amended to be effective February 11, 2026, 51 TexReg 715.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scT/s1.225"><num value="1.225">§1.225</num><heading>Tasks Assigned to the Committee</heading><content>Tasks assigned the committee include:(1) the review of courses in the workforce education course manual;(2) the development of courses to be added to the workforce education course manual;(3) the deletion of courses from the workforce education course manual;(4) the revision of courses in the workforce education course manual;(5) determining the schedule and Classification of Instructional Program code for career and technical education course maintenance reviews and workshops;(6) conducting career and technical education course maintenance reviews and workshops;(7) transmitting any course that is revised or developed during a career and technical education course maintenance workshop to the Assistant Commissioner for consideration for approval, as specified in §2.322(1) and §2.328 of this title (relating to Definitions and Career and Technical Education Course Approval, respectively); and(8) undertaking other activities necessary for the maintenance of the workforce education course manual.</content><note type="source"><p>Source Note: The provisions of this §1.225 adopted to be effective February 22, 2017, 42 TexReg 682; amended to be effective August 15, 2024, 49 TexReg 5952.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scT/s1.226"><num value="1.226">§1.226</num><heading>Report to the Board</heading><content>The committee chairperson shall report to the Board on no less than an annual basis.</content><note type="source"><p>Source Note: The provisions of this §1.226 adopted to be effective February 22, 2017, 42 TexReg 682; amended to be effective August 15, 2024, 49 TexReg 5952; amended to be effective February 11, 2026, 51 TexReg 715.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scV"><num value="V">SUBCHAPTER V</num><heading>TEXAS TRANSFER ADVISORY COMMITTEE AND DISCIPLINE- SPECIFIC SUBCOMMITTEES</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scV/s1.237"><num value="1.237">§1.237</num><heading>Authority and Purpose</heading><content>(a) The authority for the Texas Transfer Advisory Committee is Texas Education Code §61.823.(b) The purpose of the Texas Transfer Advisory Committee is to advise the Commissioner on development of the Field of Study Curricula.</content><note type="source"><p>Source Note: The provisions of this §1.237 adopted to be effective April 8, 2021, 46 TexReg 2203.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scV/s1.238"><num value="1.238">§1.238</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Core Curriculum or Texas Core Curriculum (TCC)--a required curriculum for an undergraduate degree, as defined in Title 19, Chapter 4, Subchapter B, §4.23(3) (relating to Definitions).(4) Directed Electives--a component of the Field of Study Curriculum, as defined in Title 19, Chapter 4, Subchapter B, §4.23(4).(5) Discipline Foundation Courses (DFC)--a component of the Field of Study Curriculum, as defined in Title 19, Chapter 4, Subchapter B, §4.23(5).(6) Discipline-Specific Subcommittee--a subcommittee comprised of faculty from general academic teaching institutions and public junior colleges in a single discipline. The Chief Academic Officer of each university system or institution of higher education which offers a degree program for which a Field of Study Curriculum is proposed may submit a recommended nominee. A Discipline-Specific Subcommittee is formed at the request of the Texas Transfer Advisory Committee to aid and advise the development of a Field of Study Curriculum in a specific discipline. A Discipline Specific Subcommittee is not an advisory committee.(7) Faculty Member--a person who is employed full-time by an institution of higher education as a member of the faculty whose primary duties include teaching, research, academic service, or administration. However, the term does not include a person holding faculty rank who spends a majority of the person's time for the institution engaged in managerial or supervisory activities, including a chancellor, vice chancellor, president, vice president, provost, associate or assistant provost, or dean.(8) Field of Study Curriculum--a set of courses that will satisfy lower-division requirements for an academic major at a general academic teaching institution, as defined in Title 19, Chapter 4, Subchapter B, §4.23(7).(9) General academic teaching institution--an institution of higher education as defined in Texas Education Code, §61.003(3).(10) Institution of Higher Education or Institution--any public technical institute, public junior college, public senior college or university, medical or dental unit, other agency of higher education as defined in Texas Education Code, §61.003(8).(11) Public junior college--an institution of higher education as defined in Texas Education Code, §61.003(2).(12) Texas Transfer Advisory Committee (TTAC)--the advisory committee with responsibility for advising the Commissioner and Board on Field of Study Curricula, including their establishment and revision. The TTAC may request to form a Discipline-Specific Subcommittee to assist in the development of a Field of Study Curriculum.</content><note type="source"><p>Source Note: The provisions of this §1.238 adopted to be effective April 8, 2021, 46 TexReg 2203.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scV/s1.239"><num value="1.239">§1.239</num><heading>Duties of the Texas Transfer Advisory Committee</heading><content>(a) The Texas Transfer Advisory Committee (TTAC) shall advise the Commissioner and Board on the following:(1) Oversight of the Field of Study Curricula, review of relevant data, coordination of the schedule of discipline-specific reviews, and recommending discipline-specific curricula;(2) Recommendations for Field of Study Curricula to be approved by the Commissioner, including recommendations of Texas Core Curriculum courses relevant to specific disciplines and courses for the Discipline Foundation Courses and the Directed Electives components;(3) Reviewing and making recommendations to the Commissioner to optimize the transferability and applicability of credits and increase transfer students' success within majors;(4) Development and coordination of a Field of Study Curricula review schedule for the Discipline-Specific Subcommittees based on reasonable factors, including prioritizing development of frameworks in high-enrollment and high-need disciplines;(5) Convening and reviewing the work of Discipline-Specific Subcommittees, in accordance with the established Field of Study Curricula review schedule;(6) Monitoring curricular changes at general academic teaching institutions and student course enrollment patterns within and across public junior colleges and general academic teaching institutions;(7) Developing the Discipline Foundation Courses component of the Field of Study Curriculum, with consideration for the most frequently used transfer pathways; and(8) Recommendations regarding the timing and structure of transfer policy-related agency surveys and data collection from institutions of higher education, and the timely and appropriate dissemination of information to help inform institutional decisions about curriculum and program design.(b) The agency shall provide a 30-day informal notice and comment period to all impacted institutions prior to the Commissioner's approval or denial of a set of Discipline Foundation Courses.(c) At least annually, the TTAC will report on the recommendations of the Discipline-Specific Subcommittees, the status of these subcommittees, and other recommendations as appropriate to improve student transfer and success across the state.</content><note type="source"><p>Source Note: The provisions of this §1.239 adopted to be effective April 8, 2021, 46 TexReg 2203.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scV/s1.240"><num value="1.240">§1.240</num><heading>Texas Transfer Advisory Committee Composition, Officers, and Terms</heading><content>(a) The Texas Transfer Advisory Committee (TTAC) shall be composed of no more than twenty-four (24) members. The committee will be equally composed of representatives of public junior colleges and general academic teaching institutions.(1) At least a majority of the members of the TTAC shall be faculty members of an institution of higher education. The Chief Academic Officer of an institution shall consult with the faculty of the institution before nominating or recommending a person to the Board as the institution's representative on the TTAC.(2) The TTAC shall also include student and academic advisor representatives as ex-officio members who are not included among the 24 committee members.(3) The Commissioner will consider the appropriate representation of higher education sectors, including representation from the Board Accountability Peer Groups, in selecting members of TTAC.(4) The Commissioner has final authority to appoint TTAC membership.(b) Members shall serve staggered terms of up to three years.(c) The TTAC will have co-chairs appointed by the Commissioner: one from a public junior college and one from a general academic teaching institution. The Commissioner may appoint a chair to serve not more than three terms.</content><note type="source"><p>Source Note: The provisions of this §1.240 adopted to be effective April 8, 2021, 46 TexReg 2203.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scV/s1.241"><num value="1.241">§1.241</num><heading>Meetings of the Texas Transfer Advisory Committee</heading><content>(a) The Texas Transfer Advisory Committee will meet at least twice a year and may do so more frequently as needed if both co-chairs agree.(b) All meetings will be open to the public and broadcast on the web.(c) A quorum of the TTAC requires presence of a majority of the twelve members representing the public junior colleges and a majority of the twelve members representing the general academic teaching institutions.</content><note type="source"><p>Source Note: The provisions of this §1.241 adopted to be effective April 8, 2021, 46 TexReg 2203.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scV/s1.242"><num value="1.242">§1.242</num><heading>Duties of the Discipline-Specific Subcommittees</heading><content>The Discipline-Specific Subcommittees shall advise the Texas Transfer Advisory Committee (TTAC) as requested by TTAC on course curricular issues, including the following:(1) Current structures of and recent changes in degree program requirements, student course enrollment patterns, and student success within and across public junior colleges and general academic teaching institutions for a given discipline, at the direction of the TTAC.(2) Recommendations for the list of courses to be included in a Field of Study Curriculum for a discipline, including identifying discipline-related courses within the Texas Core Curriculum and a recommended set of Discipline Foundation Courses.</content><note type="source"><p>Source Note: The provisions of this §1.242 adopted to be effective April 8, 2021, 46 TexReg 2203.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scV/s1.243"><num value="1.243">§1.243</num><heading>Discipline-Specific Subcommittees Composition, Officers, and Terms</heading><content>(a) The Discipline-Specific Subcommittees shall be composed of an equal representation of public junior college faculty and general academic teaching institution faculty from nominees recommended by the Chief Academic Officer of every college or university that chooses to participate on that discipline-specific workgroup. The Commissioner has final authority to select members of the Discipline-Specific Subcommittees.(b) Members shall serve staggered terms of up to three years but may be replaced upon nomination of a new representative by their institution's Chief Academic Officer.(c) Each subcommittee shall select two co-chairs from its membership to preside over the subcommittee. The co-chairs must include one co-chair from the public junior college members and one co-chair from the general academic teaching institution members.</content><note type="source"><p>Source Note: The provisions of this §1.243 adopted to be effective April 8, 2021, 46 TexReg 2203.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scW"><num value="W">SUBCHAPTER W</num><heading>OPPORTUNITY HIGH SCHOOL DIPLOMA ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.260"><num value="1.260">§1.260</num><heading>Authority and Specific Purposes of the Opportunity High School Diploma Advisory Committee</heading><content>(a) Authority. Statutory authority for this subchapter is provided in Texas Government Code. §2110.0012, and Texas Education Code, chapter 130, subchapter O.(b) Purposes. The Opportunity High School Diploma Advisory Committee is created to provide the Commissioner and Board with advice and counsel with respect to the opportunity high school diploma program to achieve the goal of providing alternative means for students enrolled in a workforce education program at a junior college to earn a competency-based high school diploma.</content><note type="source"><p>Source Note: The provisions of this §1.260 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.261"><num value="1.261">§1.261</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.(3) Coordinating Board--Unless context indicates otherwise, the agency known as the Texas Higher Education Coordinating Board and staff employed by the agency to carry out assigned duties of the agency.</content><note type="source"><p>Source Note: The provisions of this §1.261 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.262"><num value="1.262">§1.262</num><heading>Committee Membership and Officers</heading><content>(a) Membership shall consist of individuals with knowledge of high school completion competencies.(b) Membership on the committee shall not exceed seven and should include:(1) One member from the Texas Workforce Commission, as designated by the Executive Director of the Commission, and(2) One member from the Texas Education Agency, as designated by the Commissioner of Education.(c) The Commissioner shall recommend members to the Board for appointment.(d) The Commissioner shall select the presiding officer, who will be responsible for conducting meetings and conveying committee recommendations to the Board and the Commissioner.(e) Each member shall serve a three-year staggered term, unless otherwise provided by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.262 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.263"><num value="1.263">§1.263</num><heading>Duration</heading><content>The committee shall continue until October 31, 2028, and may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.263 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.264"><num value="1.264">§1.264</num><heading>Meetings</heading><content>The committee shall meet at least once a year. Special meetings may be called as deemed appropriate by the presiding officer.</content><note type="source"><p>Source Note: The provisions of this §1.264 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.265"><num value="1.265">§1.265</num><heading>Tasks Assigned the Committee</heading><content>Tasks assigned to the committee include:(1) Provide counsel to the Board and Commissioner on the administration of the Opportunity High School Diploma program;(2) Study and make recommendation to the Board and Commissioner on the instructional outcomes and performance expectations;(3) Study and make recommendations to the Board and Commissioner on assessments;(4) Identify funding sources or mechanisms to encourage and facilitate participation in the Opportunity High School Diploma program; and(5) Any other charges issued by the Board or the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §1.265 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.266"><num value="1.266">§1.266</num><heading>Requirement to Review</heading><content>The Advisory Committee shall convene a subject matter expert peer group not less than once every three years or as determined by the presiding officer to review the instructional outcomes, performance expectations, and assessments for each of the five core program competencies.(1) Each peer group shall review the instructional outcomes and performance expectations associated with the core program competency and provide recommendations regarding proposed revisions to the Advisory Committee.(2) Each peer group shall review the assessments associated with the core program competency and provide recommendations regarding proposed revisions to the approved list of assessments to the Advisory Committee.</content><note type="source"><p>Source Note: The provisions of this §1.266 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.267"><num value="1.267">§1.267</num><heading>Recommendations</heading><content>The committee shall consider and make recommendations to the Board and Commissioner on policies and rule revisions to improve the Opportunity High School Diploma program.</content><note type="source"><p>Source Note: The provisions of this §1.267 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scW/s1.268"><num value="1.268">§1.268</num><heading>Effective Date of Rules</heading><content>This subchapter is effective November 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §1.268 adopted to be effective November 14, 2024, 49 TexReg 8879.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c1/scX"><num value="X">SUBCHAPTER X</num><heading>PROGRAM OF STUDY ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.270"><num value="1.270">§1.270</num><heading>Authority and Purpose</heading><content>(a) Authority. Statutory authority for this subchapter is provided in Texas Government Code, §2110.0012, and Texas Education Code, §61.8235. (b) Purpose. The Program of Study Advisory Committee is created to advise the Texas Higher Education Coordinating Board on development of Program of Study curricula for career and technical education in public two-year institutions.</content><note type="source"><p>Source Note: The provisions of this §1.270 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.271"><num value="1.271">§1.271</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board. (2) Career Cluster--Commissioner-approved organizing unit that is the basis for the development of programs of study. (3) Commissioner--The Texas Commissioner of Higher Education.(4) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(5) Credential--As defined in §2.3(17) of this title (relating to Definitions), a grouping of subject matter courses or demonstrated mastery of specified content which entitles a student to documentary evidence of completion. This term encompasses certificate programs, degree programs, and other kinds of formal recognitions such as short-term workforce credentials or a combination thereof.(6) Program of Study Advisory Committee--The advisory committee with responsibility for advising the Commissioner and Board on Program of Study Curricula, including their establishment and revision. The Program of Study Advisory Committee may convene a Program of Study Task Group to assist in the development of a Program of Study Curriculum. (7) Program of Study Curriculum--The block of courses which progress in content specificity by beginning with all aspects of a career cluster, including career and technical education standards, that address relevant academic and technical content and that incorporate entry and exit points. (8) Task Group--A task group convened by the Program of Study Advisory Committee to examine a career cluster to determine programs of study within the cluster. (9) Public Two-Year Institution--Any community, technical or state college as defined in Texas Education Code, §61.003(16).</content><note type="source"><p>Source Note: The provisions of this §1.271 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.272"><num value="1.272">§1.272</num><heading>Tasks Assigned to the Committee</heading><content>(a) The Program of Study Advisory Committee shall advise the Commissioner and Board on the development of Programs of Study for each approved career cluster. (b) The Program of Study Advisory Committee is assigned the following tasks: (1) Oversee the identification and development of Programs of Study, including reviewing relevant workforce and educational data, coordinating the schedule of career cluster reviews, and convening of task groups to develop curricula for Programs of Study; (2) Review recommendations from Task Groups;(3) Recommend Programs of Study Curricula to the Board for approval;(4) Review and provide recommendations to the Commissioner to facilitate course credit transfer and align programs with business and industry needs while ensuring consistency statewide; (5) Develop and coordinate a Program of Study Curriculum review schedule, including prioritizing development of curricula in high-enrollment and high demand occupational fields; (6) Review each Program of Study on a recurring schedule, not to exceed once every five years; (7) Convene and review the work of Task Groups, in accordance with the curriculum review schedule; and (8) Study curricular changes at public two-year institutions and student course enrollment patterns within and across public two-year institutions. (c) At least annually, the Program of Study Advisory Committee will report to the Board on the status of Program of Study career cluster task groups, the development and approval of curricula for Programs of Study, and other information related to the development of Programs of Study.</content><note type="source"><p>Source Note: The provisions of this §1.272 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.273"><num value="1.273">§1.273</num><heading>Program of Study Advisory Committee Composition, Officers, and Terms</heading><content>(a) The Program of Study Advisory Committee may be composed of no more than twenty (20) members. The committee shall be composed of at least one representative of secondary education, one representative of postsecondary education, one representative of business and industry, and one representative from each of the Texas Workforce Commission, the Texas Education Agency, and the Texas Department of Licensure and Regulation or other credentialing body. Other career and technical education experts may fill the remaining member positions. (b) The Commissioner has final authority to appoint Program of Study Advisory Committee members. (c) Members of the committee shall select co-chairs, who will be responsible for conducting meetings and conveying committee recommendations to the Board. (d) Members shall serve staggered terms of up to five years. The terms of the co-chairs will be three years dating from their election.</content><note type="source"><p>Source Note: The provisions of this §1.273 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.274"><num value="1.274">§1.274</num><heading>Meetings of the Program of Study Advisory Committee</heading><content>The Program of Study Advisory Committee shall meet at least twice year. A quorum of the Program of Study Advisory Committee requires the presence of a simple majority of members.</content><note type="source"><p>Source Note: The provisions of this §1.274 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.275"><num value="1.275">§1.275</num><heading>Program of Study Task Groups Composition, and Duties</heading><content>(a) Program of Study Task Groups are composed of representatives of public two-year institutions that offer a credential program for which a program of study curriculum is proposed and may also include secondary education, business and industry, and other career and technical education experts. (1) Coordinating Board staff will recommend individuals who are nominated by their institution to the Program of Study Advisory Committee. (2) The Program of Study Advisory Committee may invite nominees to participate in a Task Group. (b) A Task Group will operate in accordance with the procedures and timelines established by the Program of Study Advisory Committee and provide regular updates on progress.(c) A Task Group will recommend Program of Study curricula to the Program of Study Advisory Committee.</content><note type="source"><p>Source Note: The provisions of this §1.275 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.276"><num value="1.276">§1.276</num><heading>Duration</heading><content>The Program of Study Advisory Committee shall be abolished on September 1, 2029, in accordance with Texas Government Code, Chapter 2110. It may be reestablished by the Board.</content><note type="source"><p>Source Note: The provisions of this §1.276 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c1/scX/s1.277"><num value="1.277">§1.277</num><heading>Effective Date</heading><content>This subchapter is effective September 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §1.277 adopted to be effective September 1, 2025, 50 TexReg 5208.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c2"><num value="2">CHAPTER 2</num><heading>ACADEMIC AND WORKFORCE EDUCATION</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.1"><num value="2.1">§2.1</num><heading>Purpose</heading><content>This chapter governs academic and workforce program planning, approval, and implementation.</content><note type="source"><p>Source Note: The provisions of this §2.1 adopted to be effective November 28, 2022, 47 TexReg 7875.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.2"><num value="2.2">§2.2</num><heading>Authority</heading><content>Authority for this section comes from Texas Education Code §61.003, which contains several definitions for terms used throughout this chapter; and Tex. Educ. Code §61.0512, which gives the board permission to authorize new academic programs and sets certain timelines for approval processes. Tex. Educ. Code §61.035 gives the board authority to conduct compliance monitoring to ensure the accuracy of data reported by institutions of higher education and used for policymaking decisions. Other relevant provisions of law include Tex. Educ. Code, chapter 130, subchapter L, which contains information related to baccalaureate degrees at two-year institutions.</content><note type="source"><p>Source Note: The provisions of this §2.2 adopted to be effective November 28, 2022, 47 TexReg 7875.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.3"><num value="2.3">§2.3</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless otherwise defined in the subchapter:(1) Academic Associate Degree--A type of degree program generally intended to transfer to an upper-level baccalaureate program that will satisfy the lower-division requirements for a baccalaureate degree in a specific discipline. The Academic Associate Degree includes, but is not limited to, the Associate of Arts (A.A.), Associate of Science (A.S.) or Associate of Arts in Teaching (A.A.T.) degrees.(2) Academic Course Guide Manual (ACGM)--The manual that provides the official list of approved courses for general academic transfer to public universities offered for funding by public community, state, and technical colleges in Texas.(3) Academic Program or Programs--A type of credential primarily consisting of course content intended to prepare students for study at the bachelor's degree or higher.(4) Administrative Unit--A department, college, school, or other unit at an institution of higher education, which has administrative authority over degree or certificate programs.(5) Applied Associate Degree--A type of degree program designed to lead the individual directly to employment in a specific career. The Applied Associate Degree Program includes, but is not limited to, the Associate of Applied Arts (A.A.A.) or Associate of Applied Science (A.A.S.).(6) Applied Baccalaureate Degree--Builds on an Associate of Applied Science (A.A.S.) degree, combined with enough additional core curriculum courses and upper-level college courses to meet the minimum semester credit hour requirements for a bachelor's degree. The degree program is designed to grow professional management skills of the learner and meet the demand for leadership of highly technical professionals in the workplace. May be called a Bachelor of Applied Arts and Science (B.A.A.S.), Bachelor of Applied Technology (B.A.T.) or Bachelor of Applied Science (B.A.S.).(7) Assistant Commissioner--In this subchapter or a subchapter that cross-references to the provisions of this subchapter, Assistant Commissioner means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner.(8) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(9) Board Staff--Staff of the Texas Higher Education Coordinating Board who perform the Texas Higher Education Coordinating Board's administrative functions and services.(10) Career and Technical Education Certificate--A post-secondary credential, other than a degree, which a student earns upon successful completion of a workforce or continuing education program offered by an institution of higher education. Courses that comprise career and technical education certificates are listed in the Workforce Education Course Manual and the Academic Course Guide Manual and are subject to Board approval. For purposes of this chapter, career and technical education certificate means a certificate program as defined in Texas Education Code, §61.003(12)(C).(11) Career and Technical Education Course--A college-level workforce or continuing education course offered by an institution of higher education which earns either semester credit hours or continuing education units toward satisfaction of a requirement necessary to obtain an industry-recognized credential, certificate, or applied associate degree. Career and technical education courses are listed in the Workforce Education Course Manual.(12) Certificate Program--Certificate means a grouping of subject-matter courses which, when satisfactorily completed by a student, will entitle the student to a certificate or documentary evidence, other than a degree, of completion of a course of study at the postsecondary level. Under this chapter, certificate includes a post-baccalaureate certificate and excludes an associate degree unless otherwise provided.(13) CIP Codes--See "Texas Classification of Instructional Programs (CIP) Coding System."(14) Commissioner--The Texas Commissioner of Higher Education.(15) Competency-based Baccalaureate Degree Program--A baccalaureate degree program for which an institution of higher education awards academic credit based solely on a student's attainment of competencies.(16) Contact Hour--A time unit of instruction used by community, technical, and state colleges consisting of 60 minutes, of which 50 minutes must be direct instruction.(17) Continuing Education Unit (CEU)--Basic unit for continuing education courses. One continuing education unit (CEU) is 10 contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction.(18) Credential--A grouping of subject matter courses or demonstrated mastery of specified content which entitles a student to documentary evidence of completion. This term encompasses certificate programs, degree programs, and other kinds of formal recognitions such as short-term workforce credentials or a combination thereof.(19) Degree Program--Any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle that student to an associate's, bachelor's, master's, research doctoral, or professional practice doctoral degree.(20) Degree Title--Name of the degree and discipline under which one or more degree programs may be offered. A degree title usually consists of the degree designation (e.g., Bachelor of Science, Master of Arts) and the discipline specialty (e.g., History, Psychology). (21) Embedded Credential--A course of study enabling a student to earn a credential that is wholly embedded within a degree program.(22) Field of Study Curriculum--A set of courses that will satisfy lower-division requirements for an academic major at a general academic teaching institution, as defined in §4.23(10) of this title (relating to Definitions).(23) Higher Education Regions--The Board adopts the economic regions of this state as defined by the Texas Comptroller of Public Accounts as the higher education state uniform service regions. (24) Master's Degree--The first graduate level degree, intermediate between a Baccalaureate degree program and Doctoral degree program.(25) New Content--As determined by the institution, content that the institution does not currently offer at the same instructional level as the proposed program. A program with sufficient new content to constitute a 'significant departure' from existing offerings under 34 CFR §602.22(a)(1)(ii)(C) meets the fifty percent new content threshold.(26) Pilot Institution--Public junior colleges initially authorized to offer baccalaureate degrees through the pilot initiative established by SB 286 (78R - 2003). Specifically, the four pilot institutions are Midland College, South Texas College, Brazosport College, and Tyler Junior College.(27) Planning Notification--Formal notification that an institution intends to develop a plan and submit a degree program proposal or otherwise notify the Board of intent to offer a new degree program.(28) Professional Practice Doctoral Degree--Certain degree programs that prepare students for a career as a practitioner in a particular profession, including certain credential types that are required for professional licensure.(29) Program Inventory--The official list of all degree and certificate programs offered by a public community college, university, or health-related institution, as maintained by Board Staff.(30) Public Health-Related Institution--Public health-related institutions that are supported by state funds.(31) Public Junior College--A public institution of higher education as defined in Texas Education Code, §61.003(2).(32) Public Two-year College--Any public junior college, public community college, public technical institute, or public state college as defined in Texas Education Code, §61.003(16).(33) Public University--A general academic teaching institution as defined by Texas Education Code, §61.003(3).(34) Research Doctoral Degree--An academic degree that typically represents the highest level of formal study or research in a given field and requires completion of original research.(35) Semester Credit Hour, or Credit Hour--A unit of measure of instruction consisting of 60 minutes, of which 50 minutes must be direct instruction, which is typically offered over a 15-week period in a semester system or a 10-week period in a quarter system.(36) Texas Classification of Instructional Programs (CIP) Coding System--The Texas adaptation of the federal Classification of Instructional Programs taxonomy developed by the National Center for Education Statistics and used nationally to classify instructional programs and report educational data. The 8-digit CIP codes define the authorized teaching field of the specified program, based upon the occupation(s) for which the program is designed to prepare its graduates.(37) Texas Core Curriculum--Curriculum required at each institution of higher education students are required to complete as required by §4.23(5) of this title (relating to Definitions).(38) Texas Success Initiative (TSI)--A comprehensive program of assessment, advising, developmental education, and other strategies to ensure college readiness. The rules governing the Texas Success Initiative are established in chapter 4, subchapter C, of this title (relating to Texas Success Initiative) (39) Tracks of Study--Specialized areas of study within a single degree program.(40) Transcriptable Minor--A transcriptable minor is a group of courses around a specific subject matter marked on the student's transcript. The student must declare a minor for the minor to be included on the student's transcript. The student cannot declare a minor without also being enrolled in a major course of study as part of a baccalaureate degree program.(41) Workforce Education Course Manual (WECM)--An online database composed of the Board's official statewide inventory of career technical/workforce education courses available for two-year public colleges to use in certificate and associate degree programs.</content><note type="source"><p>Source Note: The provisions of this §2.3 adopted to be effective November 28, 2022, 47 TexReg 7875; amended to be effective May 18, 2023, 48 TexReg 2490; amended to be effective August 15, 2024, 49 TexReg 5953; amended to be effective February 11, 2026, 51 TexReg 715.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.4"><num value="2.4">§2.4</num><heading>Types of Approval Required</heading><content>The Board requires each institution to obtain one of the following types of approval for a certificate or degree program. No approval is required for new tracks of study in an existing degree program and tracks of study are not listed as separate degree programs in the Program Inventory.(1) Notification Only--this approval is obtained when the institution of higher education successfully submits and receives confirmation of its submission to Board Staff.(2) Assistant Commissioner Approval-a proposed program subject to Assistant Commissioner Approval may be approved by the Assistant Commissioner if the program is administratively complete as described in §2.6 of this subchapter and meets all the requirements established by rule as determined by the Assistant Commissioner.(A) If the Assistant Commissioner recommends denial of a program or does not take action to approve the program within six months of Board Staff's determination that the program proposal is administratively complete, then the program approval will be subject to the process for Commissioner Approval.(B) There are two types of Assistant Commissioner Approval depending on the type of action the institution requests.(i) Regular Review--A proposed program subject to Assistant Commissioner Approval shall receive regular review unless the institution's request is eligible for Expedited Review.(ii) Expedited Review--an institution submits for review and approval the information required by rule and obtains approval from Board Staff once staff confirms that the institution's request is administratively complete, and the Assistant Commissioner confirms that the institution's request qualifies for Expedited Review. This type of review is authorized only where expressly indicated in rules under this chapter.(3) Commissioner Approval--The Assistant Commissioner designated to approve academic programs under this chapter will forward a program subject to Commissioner Approval to the Commissioner for review and approval. A proposed program subject to Commissioner Approval may be approved by the Commissioner if the program is administratively complete as described in §2.6 of this subchapter and meets all the requirements established by rule as determined by the Commissioner. This type of approval will include a Board Staff recommendation about whether the program meets all the requirements established by rule.(A) If the Commissioner does not approve or deny the proposal within nine months of Board Staff's determination that the proposal is administratively complete, the proposal will move to Board Approval.(B) At the Commissioner's sole discretion, the Commissioner may elect to require Board Approval of the proposed program. Board approval must occur not later than one year after the institution's application was administratively complete.(4) Board Approval--A program that is subject to Board Approval as indicated in rules under this chapter will be considered at a Board meeting not later than the first anniversary of Board Staff's determination that the application for the proposed program is administratively complete. This type of approval will include a recommendation from the Commissioner about whether the program satisfies the requirements of statute and rule for approval.(A) Board Staff shall review the required criteria for each proposed program and provide a recommendation to the Commissioner. Board Staff's recommendation shall include a summary and analysis of whether the proposed program meets each of the required criteria for approval.(B) The Commissioner shall review Board Staff's recommendation and make a determination about whether to recommend approval of the proposed program to the Board.(i) Board Staff shall notify the institution of the Commissioner's decision about whether to recommend the program.(ii) If the Commissioner recommends denial of the program, Board Staff shall notify the institution and provide ten business days in which the institution may request in writing final consideration from the Board.(iii) If the institution requests final consideration from the Board, Board Staff shall place the proposed program on the Board agenda for consideration at the next Board meeting not later than one year later than the program is determined administratively complete.(iv) If Board Staff does not receive a request for Board consideration within ten business days from the date the institution was notified of the Commissioner's recommendation for denial of the program, the application shall be considered withdrawn.(C) The Board shall consider the proposal at a Board meeting not later than the first anniversary of Board Staff's determination that the application for the proposed program is administratively complete. The Board's decision to approve or deny the proposed program is final and may not be appealed. If the Board denies approval, an institution may resubmit a request for approval of the proposed program not sooner than one year from the date of the Board's decision. If the Board fails to approve or deny the program by the first anniversary after Board Staff deems the proposal administratively complete, the program is considered approved by operation of law.</content><note type="source"><p>Source Note: The provisions of this §2.4 adopted to be effective November 28, 2022, 47 TexReg 7875.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.5"><num value="2.5">§2.5</num><heading>General Criteria for Program Approval</heading><content>(a) In addition to any criteria specified in statute or this chapter for a specific program approval, the Assistant Commissioner, Commissioner, or Board, as applicable, shall consider the following factors:(1) Evidence that the program is needed by the national, state and the local community, as demonstrated by student demand for similar programs, labor market information, the location where the program is offered, and value of the credential;(2) Whether the program unnecessarily duplicates programs offered by other institutions of higher education or private or independent institutions of higher education, as demonstrated by capacity of existing programs and need for additional graduates in the field;(3) Comments provided to the Board from institutions noticed under §2.7 of this subchapter (relating to Informal Notice and Comment on Proposed Local Programs);(4) Whether the program has adequate financing from formula funding, tuition and fees, awarded grant funds, or redistributed revenue streams to become financially self-sufficient within five years. Appropriations by the legislature to support a new degree program must be available to the institution before submitting the proposal;(5) Whether the program's cost is reasonable and provides a value to students and the state when considering the cost of tuition, source(s) of funding, availability of other similar programs, and the earnings of students or graduates of similar credential programs in the state to ensure the efficient and effective use of higher education resources;(6) Whether the program provides a credential of value as defined in Texas Education Code 130A.102, of this title (relating to Community College Finance Program: Base and Performance Tier Methodology); (7) Whether and how the program aligns with the metrics and objectives of the Board's Long-Range Master Plan for Higher Education;(8) Whether the program has necessary faculty and other resources including support staff to ensure student success;(9) Whether the program meets academic standards specified by law or prescribed by Board rule or skill standards recognized by the Texas Workforce Investment Council, if they exist for the discipline; and(10) Past compliance history and program quality of the same or similar programs, where applicable.(b) In the event of conflict between this rule and a more specific rule regarding program approval, the more specific rule shall control.(c) A request for approval of a joint degree program that does not include existing degree programs is considered a new degree program and is subject to new degree program approval requirements.</content><note type="source"><p>Source Note: The provisions of this §2.5 adopted to be effective November 28, 2022, 47 TexReg 7875; amended to be effective August 15, 2024, 49 TexReg 5953; amended to be effective February 11, 2026, 51 TexReg 715.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.6"><num value="2.6">§2.6</num><heading>Administrative Completeness</heading><content>(a) An institution must submit a fully completed application for each proposed program for which approval is required that includes:(1) each element or item of information required by this subchapter;(2) each element or item of information required by the subchapter in this chapter governing the type of program approval required;(3) the required Board form for the type of program approval required; and(4) fully executed certifications.(b) Board Staff shall determine whether an application is administratively complete and notify the institution not later than the fifth business day after receipt.(c) If Board Staff determines that the application is incomplete or additional information or documentation is needed, the institution must respond with all of the requested information or documentation within ten business days or the request will be deemed incomplete and returned to the institution.(d) An institution may resubmit an application that was returned as incomplete as soon as it has obtained the requested information or documentation. This submission will be considered a new application.</content><note type="source"><p>Source Note: The provisions of this §2.6 adopted to be effective November 28, 2022, 47 TexReg 7875.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.7"><num value="2.7">§2.7</num><heading>Informal Notice and Comment on Proposed Local Programs</heading><content>(a) As soon as practicable, but not later than the sixtieth day after an institution submits an administratively complete application for approval, Board Staff shall provide informal notice and opportunity for comment to institutions of higher education that offer substantially similar programs in the region, as defined by the Board, where the program will be delivered.(b) Board Staff shall provide notification of the applicant institution's request for approval and allow not fewer than thirty days for a noticed institution to provide comments to Board Staff regarding:(1) State or local need for the proposed program; or(2) Evidence of whether the program unnecessarily duplicates programs offered by public, private, or independent institutions in the Higher Education Regions that offer substantially similar programs.(c) When considering whether to approve a program requiring approval under this chapter, the Assistant Commissioner, Commissioner, or Board shall consider the comments that the noticed institutions provide to the Board under this section.(d) An institution may submit a Public Information Request to receive a copy of all institutional comments received during the 30-day comment period.</content><note type="source"><p>Source Note: The provisions of this §2.7 adopted to be effective November 28, 2022, 47 TexReg 7875; amended to be effective August 15, 2024, 49 TexReg 5953.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.8"><num value="2.8">§2.8</num><heading>Time Limit on Implementing Approved Programs or Program Revisions</heading><content>(a) Unless otherwise stipulated at the time of approval, if an approved new degree program does not enroll students within two years of approval, that approval is no longer valid.(b) An institution may submit a request to the Assistant Commissioner for approval to lengthen that time limit by up to five years from the approval date. The request must include a description of the good cause or compelling academic reason for extending the program implementation timeline.(c) The Commissioner has discretion to approve or deny the request if the Commissioner determines there is good cause for the extension, and it is in the best interest of the students to be served by the program.(d) Unless otherwise stipulated at the time of approval, if the institution does not implement the approved program revision or modification within two years of approval, that approval is no longer valid.(e) Provisions of this section apply to all approvals and changes under this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.8 adopted to be effective November 28, 2022, 47 TexReg 7875; amended to be effective August 15, 2024, 49 TexReg 5953.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.9"><num value="2.9">§2.9</num><heading>Revisions and Modifications to an Approved Program</heading><content>(a) Substantive revisions and modifications that materially alter the nature of the program, physical location, or modality of delivery, as determined by the Commissioner, include, but are not limited to:(1) Closing the program in one location and moving it to a second location;(2) Changing the funding from self-supported, as defined in subchapter O of this chapter relating to self-supporting programs, to formula-funded or vice versa;(3) Adding a new formula-funded or self-supported track to an existing program; and(4) Creating a joint program that includes one or more existing approved degree programs.(b) Board approval is required for any substantive revision or modification of an approved doctoral or professional program. Substantive revisions to bachelor's and master's programs approved by the Board on or after September 1, 2023 require Board approval. Substantive revisions to bachelor's and master's programs approved by the Board, Commissioner, or Assistant Commissioner before September 1, 2023 may be approved by the Assistant Commissioner.(c) Non-substantive revisions and modifications that do not materially alter the nature of the program, location, or modality of delivery, as determined by the Assistant Commissioner, include, but are not limited to:(1) Increasing the number of semester credit hours of a program for reasons other than a change in programmatic accreditation requirements;(2) Consolidating a program with one or more existing programs;(3) Offering a program in an off-campus face-to-face format;(4) Altering any condition listed in the program approval notification;(5) Changing the CIP Code of the program;(6) Increasing the number of semester credit hours if the increase is due to a change in programmatic accreditation requirements;(7) Reducing the number of semester credit hours, so long as the reduction does not reduce the number of required hours below the minimum requirements of the institutional accreditor, program accreditors, and licensing bodies, if applicable;(8) Changing the Degree Title or Designation; and(9) Other non-substantive revisions that do not materially alter the nature of the program, location, or modality of delivery, as determined by the Assistant Commissioner.(d) The non-substantive revisions and modifications in subsection (c)(1) - (5) of this section are subject to Assistant Commissioner Approval Regular Review under §2.4 of this subchapter. All other non-substantive revisions and modifications are subject to Assistant Commissioner Approval Expedited Review under §2.4(a)(2)(B) of this subchapter.(e) The following program revisions or modifications require Notification Only under §2.4(1) of this subchapter:(1) A public university or public health-related institution shall notify the Coordinating Board of changes to administrative units, including creation, consolidation, or closure of an administrative unit. Coordinating Board Staff will update the institution's Program Inventory pursuant to this notification.(2) All institutions shall notify the Coordinating Board of the intent to offer an approved program through distance education following the procedures in §2.206 of this chapter (relating to Distant Education Degree or Certificate Program Notification).</content><note type="source"><p>Source Note: The provisions of this §2.9 adopted to be effective November 28, 2022, 47 TexReg 7875; amended to be effective May 18, 2023, 48 TexReg 2492; amended to be effective August 15, 2024, 49 TexReg 5953.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.10"><num value="2.10">§2.10</num><heading>Audit and Non-Compliance</heading><content>(a) Board Staff reserves the right to audit an institution's program at any time to ensure compliance with the provisions of this chapter.(b) If Board Staff determines that any institution is in non-compliance with the terms of its approval; has otherwise failed to seek approval required by §2.9 for a revision or modification; or is in violation of statute or Board rule governing program operation or approval; Board Staff shall:(1) Provide notice to the institution of alleged non-compliance related to the program at issue;(2) Provide the institution not more than one year to remedy the violation by achieving compliance with the approval, statute, or rule, by means acceptable to the Commissioner;(3) At the end of one-year, if the institution has not achieved compliance acceptable to the Commissioner, Board Staff shall request that the Board authorize issuance of a show cause letter to the institution requiring the institution to show cause why the Board shall not recommend closure of the program and teach out.(c) Program Closure and Teach-Out. If Board Staff determines that a program is in non-compliance or fails to satisfy all contingencies and conditions of its approval after responding to the show cause notice in subsection (b) of this section, Board Staff may notify the institution of:(1) the actions necessary for the institution to receive the required approvals or meet the conditions; or(2) that Board Staff recommends closure of the program.(d) If the institution where the program is located wishes to close the program, the institution shall follow the procedures in subchapter H of this chapter.(e) If the institution chooses not to follow the recommendation, the Board may request that Board Staff send the recommendation for closure to the governing board of the institution.</content><note type="source"><p>Source Note: The provisions of this §2.10 adopted to be effective November 28, 2022, 47 TexReg 7875.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scA/s2.11"><num value="2.11">§2.11</num><heading>Effective Date of Rules</heading><content>Each rule under this subchapter applies to each program for which an institution has submitted a required Planning Notification on or after June 1, 2023. For a proposed program not required to submit a Planning Notification, these rules apply to a program submitted for notification or approval on or after September 1, 2023. For all other rules not related to program approval, these rules take effect on September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §2.11 adopted to be effective November 28, 2022, 47 TexReg 7875.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scB"><num value="B">SUBCHAPTER B</num><heading>APPROVAL PROCESS FOR A CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scB/s2.30"><num value="2.30">§2.30</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code §61.0512, which states that institutions may offer new certificate programs with the Board's approval.</content><note type="source"><p>Source Note: The provisions of this §2.30 adopted to be effective November 28, 2022, 47 TexReg 7888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scB/s2.31"><num value="2.31">§2.31</num><heading>Certificate Approval by Notification Only</heading><content>A public institution of higher education must provide notification to the Board to offer a new certificate program. Certificate is defined in subchapter A of this chapter, except as follows:(1) The term "certificate" does not include a transcriptable minor.(2) For the purpose of this subchapter, certificate excludes an associate degree.(3) For the purpose of this subchapter, certificate excludes Career Technical/Workforce Programs intended to prepare students for immediate employment or a job upgrade in a specific occupation.(4) For the purpose of this subchapter, certificate excludes non-credit certificates.</content><note type="source"><p>Source Note: The provisions of this §2.31 adopted to be effective November 28, 2022, 47 TexReg 7888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scB/s2.32"><num value="2.32">§2.32</num><heading>Notification</heading><content>Not later than the ninetieth day after an institution initially offers a certificate program, each institution shall provide, in a manner prescribed by Board Staff, the following information:(1) The number of semester credit hours for the certificate;(2) The CIP Code for the certificate;(3) The name or designation of the certificate;(4) The type of certificate, if applicable;(5) Whether the certificate when earned in combination with any other certificate, defined set of courses, or other requirements leads to the award of another credential, including an associate degree or bachelor's degree; and(6) Other information required to facilitate inclusion of the certificate program in a state credential repository or student advising resources.</content><note type="source"><p>Source Note: The provisions of this §2.32 adopted to be effective November 28, 2022, 47 TexReg 7888; amended to be effective August 15, 2024, 49 TexReg 5956.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scB/s2.33"><num value="2.33">§2.33</num><heading>Approval</heading><content>(a) A certificate is deemed approved when the institution successfully files the notification containing all information required by this subchapter, in accordance with the Notification Only process in subchapter A, §2.4(a)(1) of this chapter (relating to Types of Approval Required). If Board Staff determines that an institution fails to provide the information required by this section, Board Staff may reject the submission and pend approval until the information is complete.(b) Board Staff will add the new certificate program to the institution's official Program Inventory. The Program Inventory contains the list of degrees and certificates approved by the Board under Tex. Educ. Code §61.0512.</content><note type="source"><p>Source Note: The provisions of this §2.33 adopted to be effective November 28, 2022, 47 TexReg 7888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scB/s2.34"><num value="2.34">§2.34</num><heading>Effective Date</heading><content>These rules apply to a certificate subject to this subchapter submitted for approval on or after September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §2.34 adopted to be effective November 28, 2022, 47 TexReg 7888.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scC"><num value="C">SUBCHAPTER C</num><heading>PRELIMINARY PLANNING PROCESS FOR NEW DEGREE PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scC/s2.40"><num value="2.40">§2.40</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code §61.0512(b), which requires institutions to notify the Board prior to beginning preliminary planning for a new degree program.</content><note type="source"><p>Source Note: The provisions of this §2.40 adopted to be effective November 28, 2022, 47 TexReg 7889.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scC/s2.41"><num value="2.41">§2.41</num><heading>Planning Notification: Notice of Intent to Plan</heading><content>(a) Prior to the institution seeking approval for a new degree program from its governing board, each institution's Chief Academic Officer, or delegate, shall provide notification to Board Staff of the institution's intent to engage in planning for a new degree program. The Planning Notification shall contain the following information:(1) The proposed title of the degree;(2) The proposed degree designation;(3) The proposed CIP Code;(4) The location where the proposed program would be offered, and if available, whether the location is an off-campus educational site; and(5) Anticipated date of submission.(b) Not later than sixty days after Board Staff receives the Planning Notification, Board Staff shall provide the institution a report including available labor market information and other relevant data to inform the institution's planning for the proposed program.</content><note type="source"><p>Source Note: The provisions of this §2.41 adopted to be effective November 28, 2022, 47 TexReg 7889; amended to be effective August 15, 2024, 49 TexReg 5956; amended to be effective February 11, 2026, 51 TexReg 716.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scC/s2.42"><num value="2.42">§2.42</num><heading>Board Staff Response</heading><content>The Planning Notification shall be acknowledged upon completed submission of the required information.</content><note type="source"><p>Source Note: The provisions of this §2.42 adopted to be effective November 28, 2022, 47 TexReg 7889.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scC/s2.43"><num value="2.43">§2.43</num><heading>Effective Date of Rules</heading><content>This subchapter goes into effect on June 1, 2023. Institutions must submit a Planning Notification for new programs in accordance with this subchapter on or after that date.</content><note type="source"><p>Source Note: The provisions of this §2.43 adopted to be effective November 28, 2022, 47 TexReg 7889.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scD"><num value="D">SUBCHAPTER D</num><heading>APPROVAL PROCESS FOR NEW ACADEMIC ASSOCIATE DEGREES</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.50"><num value="2.50">§2.50</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for institutions to request new associate degree programs from the Board.</content><note type="source"><p>Source Note: The provisions of this §2.50 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.51"><num value="2.51">§2.51</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code §§61.051 and 61.0512, which provide that no new degree or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Tex. Educ. Code §130.001 grants the Board the responsibility to adopt policies and establish general rules necessary to carry out statutory duties with respect to public junior colleges. Tex. Educ. Code §130.0104 requires each public junior college district to establish a multidisciplinary studies associate degree, and authorizes the Board to adopt rules as necessary. Tex. Educ. Code §61.05151 requires that the number of semester credit hours required for the associate degree not exceed the minimum number required by the institution's accreditor, in the absence of a compelling academic reason provided by the institution.</content><note type="source"><p>Source Note: The provisions of this §2.51 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.52"><num value="2.52">§2.52</num><heading>Submission of Planning Notification</heading><content>An institution of higher education seeking approval to offer a degree program under this subchapter must submit a Planning Notification to Board Staff in accordance with subchapter C of this chapter prior to submitting an administratively complete request for a new associate degree proposal. This requirement does not apply to a proposed associate degree submitted pursuant to §2.57 and §2.58 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §2.52 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.53"><num value="2.53">§2.53</num><heading>Academic Associate Degree Titles, Length, and Program Content</heading><content>(a) An academic associate degree may be called an associate of arts (AA), an associate of science (AS), or an associate of arts in teaching (AAT) degree.(1) The AA is the default title for an academic associate degree program if the college offers only one type of academic degree program.(2) If a college offers both AA and AS degrees, the degree programs may be differentiated in one of two ways, including:(A) The AA program may have additional requirements in the liberal arts and/or the AS may have additional requirements in disciplines such as science, mathematics, or computer science; or(B) The AA program may serve as a foundation for the Bachelor of Arts (BA) degree and the AS for the Bachelor of Science (BS) degree.(3) Each academic associate degree must provide a clearly articulated curriculum that can be associated with a discipline or field of study leading to a baccalaureate degree, and must be identified as such in the institution's Program Inventory.(4) The AAT is a specialized academic associate degree program designed to transfer in its entirety to a baccalaureate program that leads to initial Texas teacher certification. This title should only be used for an associate degree program that consists of a Board-approved AAT curriculum. or an Education Field of Study curriculum as defined in §4.32 of this title (relating to Field of Study Curricula).(b) Except as provided in paragraphs (1), (2), (3) and (4) of this subsection, academic associate degree programs must incorporate the institution's approved core curriculum as prescribed by §4.28 of this title (relating to Core Curriculum) and §4.29 of this title (relating to Core Curricula Larger than 42 SCH).(1) An institution may offer a specialized academic associate degree that incorporates a Board-approved field of study curriculum as prescribed by §4.32 of this title (relating to Field of Study Curricula) and a portion of the college's approved core curriculum if the coursework for both would total more than 60 SCH.(2) An institution may offer a specialized academic associate degree that incorporates a voluntary statewide transfer compact and a portion of the college's approved core curriculum if the coursework for both would total more than 60 SCH.(3) An institution that has a signed articulation agreement with a Public University to transfer a specified curriculum may offer a specialized AA or AS (but not AAT) degree program that incorporates that curriculum.(4) An institution may offer an embedded associate degree as outlined in §2.58 of this subchapter that does not include the full 42 SCH required core curriculum except for a Multidisciplinary studies degree as required by §2.57(b) of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §2.53 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.54"><num value="2.54">§2.54</num><heading>Approval Required for Academic Associate Degrees</heading><content>(a) This rule outlines how public junior colleges, Texas State Technical College - Harlingen, and Lamar State Colleges may request approval for a new academic associate degree. Proposed programs are subject to Assistant Commissioner approval under subchapter A, §2.4(2), and in accordance with the applicable provisions under subchapter A and this subchapter, except as specifically provided by this rule.(1) General--A proposed academic associate degree is subject to Assistant Commissioner approval under 19 TAC §2.4(2), and in accordance with the applicable provisions under subchapter A and this subchapter.(2) TSTC Harlingen may offer the associate of science degree in accordance with the provisions of Texas Education Code §135.51(b)(1-2).(A) Such program is subject to Assistant Commissioner approval under subsection 2.4(2) of this chapter, and in accordance with the applicable provisions under subchapter A and this subchapter.(B) An associate of science degree program offered by TSTC-Harlingen shall not unnecessarily duplicate existing programs offered in the service areas of Del Mar College, South Texas College, or Texas Southmost College.(b) Embedded--an institution of higher education may offer an associate degree as an embedded credential to a student enrolled in an approved baccalaureate degree program. Approval of a proposed embedded associate degree program is subject to the Assistant Commissioner Expedited Review approval process under 19 TAC §2.4(2)(B)(ii). The institution may request approval for the academic associate degree:(1) as part of the application for the baccalaureate program; or(2) under the provisions of this section.</content><note type="source"><p>Source Note: The provisions of this §2.54 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.55"><num value="2.55">§2.55</num><heading>Presentation of Requests and Steps for Implementation for Academic Associate Degrees</heading><content>(a) Except as provided by §2.54(b) of this subchapter, a requesting institution must submit a Planning Notification in accordance with subchapter C of this chapter.(b) A requesting institution must submit an application to offer a new academic associate degree using the forms available on the Board's website.(c) Except for programs submitted under §2.54(b) of this subchapter, not later than the sixtieth day after an institution submits an administratively complete application for approval, Board Staff shall provide informal notice and opportunity for comment to other institutions of higher education in the local community in accordance with 19 TAC §2.7, relating to Informal Notice and Comment on Proposed Local Programs.(d) The institution must demonstrate that the proposed program obtained institution and governing board approval prior to submission.(e) Board Staff will make the determination of administrative completeness in accordance with subchapter A, §2.6 of this chapter.(f) The Assistant Commissioner, Commissioner, or Board, as applicable, shall approve or deny the proposed program within the timelines specified in subchapter A, §2.4, of this chapter, after receipt of the complete program proposal. If the Assistant Commissioner, Commissioner, or Board does not act to approve or deny the proposal within one year of administrative completeness, the program is considered approved.(g) Upon approval, Board Staff will add the new degree program to the institution's official Program Inventory. The Program Inventory contains the list of degrees and certificates with official Board approval.</content><note type="source"><p>Source Note: The provisions of this §2.55 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.56"><num value="2.56">§2.56</num><heading>Criteria for Academic Associate Degrees</heading><content>(a) All proposed associate degree programs must meet the criteria set out in this subchapter, in addition to the general criteria in subchapter A, §2.5 of this chapter.(b) Board staff shall ensure that each institution certifies and provides required evidence that a proposed academic associate degree meets the criteria in subchapter A, §2.5, of this chapter.(c) If the program does not follow a Board-approved field of study curriculum or a Board-approved statewide articulation transfer curriculum, the institution has or will initiate a process to establish transfer of credit articulation agreements for the program with senior-level institutions.(d) The institution shall certify that the proposed program complies with all applicable provisions contained in divisions of this subchapter and subchapter A.</content><note type="source"><p>Source Note: The provisions of this §2.56 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.57"><num value="2.57">§2.57</num><heading>Multidisciplinary Studies Associate Degree</heading><content>(a) Tex. Educ. Code §130.0104 requires the governing boards of each public junior college district to establish a multidisciplinary studies associate degree. This statute allows the Coordinating Board to adopt rules putting this provision into effect.(b) A multidisciplinary studies associate degree program is a Coordinating Board-approved associate of arts or associate of science degree composed of the college's core curriculum and enough additional courses to equal 60 semester credit hours (SCH). The SCH beyond the core curriculum must be selected by the student, in consultation with an academic advisor, and transfer to a specific field of study or major at a university of the student's choice.(c) A multidisciplinary studies associate degree program established at a public junior college under this section must require a student to successfully complete:(1) The public junior college's core curriculum adopted under Tex. Educ. Code §61.822, as defined by 19 TAC §4.28, relating to Transfer of Credit, Core Curriculum, and Field of Study Curricula; and(2) The completion of courses selected by the student in the student's completed degree plan, accounting for all remaining credit hours required for the completion of the degree program.(d) The multidisciplinary studies associate degree program must emphasize the student's transition to a particular four-year college or university that the student chooses and prepare the student for the intended field of study or major at the four-year college or university.(e) A student enrolled in a multidisciplinary studies associate degree program shall file a degree plan as prescribed by 19 TAC Chapter 4, Subchapter T. The student must meet with an academic advisor to complete a degree plan as required by Tex. Educ. Code §51.9685(a)(1) that:(1) Accounts for all remaining credit hours required for the completion of the degree program;(2) Emphasizes the student's transition to a particular four-year college or university that the student chooses; and(3) Prepares for the student's intended field of study or major at the four-year college or university.</content><note type="source"><p>Source Note: The provisions of this §2.57 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.58"><num value="2.58">§2.58</num><heading>Embedded Credential: Academic Associate Degrees</heading><content>A public university or a public health-related institution may offer an academic associate degree as an embedded credential in the same, a related, or supporting field as the bachelor's degree in which a student is currently or has been enrolled. The institution may request approval for the associate degree:(1) In the application for the bachelor's degree program; or(2) May request the embedded associate degree program subject to Assistant Commissioner Expedited Review under subchapter A, §2.4(2)(B)(ii), of this chapter (relating to Types of Approval Required).</content><note type="source"><p>Source Note: The provisions of this §2.58 adopted to be effective February 17, 2023, 48 TexReg 664; amended to be effective August 15, 2024, 49 TexReg 5956.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.70"><num value="2.70">§2.70</num><heading>Approval and Semester Credit Hours</heading><content>An associate degree is limited to 60 SCH unless the institution determines that there is a compelling academic reason for requiring completion of additional semester credit hours for the degree (Tex. Educ. Code §61.05151). If the minimum number of semester credit hours required to complete a proposed associate program exceeds 60, the institution must provide detailed documentation describing the compelling academic reason for the number of required hours, such as programmatic accreditation requirements, statutory requirements, or licensure/certification requirements that cannot be met without exceeding the 60-semester credit hour limit. Board Staff will review the documentation provided and make a determination to approve or deny a request to exceed the 60-semester credit hour limit.</content><note type="source"><p>Source Note: The provisions of this §2.70 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.71"><num value="2.71">§2.71</num><heading>Post-Approval Program Reviews</heading><content>Board Staff shall conduct post-approval reviews in accordance with subchapter I of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.71 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.72"><num value="2.72">§2.72</num><heading>Revisions to Approved Associate Degree Programs</heading><content>An institution may request a revision or modification to an approved associate degree under subchapter A, §2.7 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.72 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.73"><num value="2.73">§2.73</num><heading>Phasing Out an Associate Degree Program</heading><content>An institution may request to phase out an associate degree program under subchapter H of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.73 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scD/s2.74"><num value="2.74">§2.74</num><heading>Effective Date of Rules</heading><content>Rules §§2.50 - 2.57 and 2.70 - 2.73 under this subchapter applies to each program for which an institution has submitted a required Planning Notification on or after June 1, 2023. For a proposed program not required to submit a Planning Notification, these rules apply to a program submitted for notification or approval on or after September 1, 2023. Rule §2.58 takes immediate effect.</content><note type="source"><p>Source Note: The provisions of this §2.74 adopted to be effective February 17, 2023, 48 TexReg 664.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scE"><num value="E">SUBCHAPTER E</num><heading>APPROVAL PROCESS FOR NEW BACCALAUREATE PROGRAMS AT PUBLIC JUNIOR COLLEGES</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.80"><num value="2.80">§2.80</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for public junior colleges to request a new baccalaureate degree program from the Board.</content><note type="source"><p>Source Note: The provisions of this §2.80 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.81"><num value="2.81">§2.81</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code §§61.0512(h)(2), 130.302 and 130.312, which provides the Board with the authority to administer and approve certain baccalaureate degree programs at public junior colleges.</content><note type="source"><p>Source Note: The provisions of this §2.81 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.82"><num value="2.82">§2.82</num><heading>Applicability</heading><content>This subchapter applies exclusively to public junior colleges defined under Tex. Educ. Code §61.003(2).</content><note type="source"><p>Source Note: The provisions of this §2.82 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.83"><num value="2.83">§2.83</num><heading>Definitions</heading><content>This subchapter uses the definitions under subchapter A of this chapter (relating to General Provisions), except as otherwise specified.</content><note type="source"><p>Source Note: The provisions of this §2.83 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.84"><num value="2.84">§2.84</num><heading>Submission of Planning Notification</heading><content>A public junior college, other than a pilot institution, must submit a Planning Notification to Board Staff in accordance with subchapter C, §2.41, of this chapter (relating to Preliminary Planning Process for New Degree Programs).</content><note type="source"><p>Source Note: The provisions of this §2.84 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.85"><num value="2.85">§2.85</num><heading>Approval Required</heading><content>(a) A public junior college proposal for a new baccalaureate degree is subject to the following levels of approval:(1) If the baccalaureate degree will be the institution's first degree at that level, the new degree proposal will be subject to Board Approval under subchapter A, §2.4, of this chapter (relating to Preliminary Planning Process for New Degree Programs).(2) If the baccalaureate degree is not the institution's first degree at that level, the new degree proposal will be subject to the following levels of approval:(A) If the proposed degree contains not greater than 50% new content, then the proposal will be subject to Assistant Commissioner approval under subchapter A, §2.4, of this chapter.(B) If the proposed degree contains greater than 50% new content, then the proposal will be subject to Commissioner Approval under subchapter A, §2.4, of this chapter.(b) Notwithstanding subsection (a), a pilot institution submitting a proposal for a new baccalaureate degree is subject to Assistant Commissioner Approval under subchapter A, §2.4, of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.85 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.86"><num value="2.86">§2.86</num><heading>Presentation of Requests and Steps for Implementation</heading><content>(a) The requesting institution, other than a pilot institution, must submit a Planning Notification in accordance with subchapter C of this chapter (relating to Preliminary Planning Process for New Degree Programs).(b) A public junior college must request a new baccalaureate degree program using the form prescribed for public junior colleges available on the Board's website.(c) The rules for administrative completeness set out in subchapter A of this chapter (relating to General Provisions) apply to baccalaureate programs at public junior colleges. Each institution must submit all information and forms required by this subchapter and applicable provisions of subchapter A to be deemed administratively complete, including a nursing program meeting the requirements set out in Tex. Educ. Code §130.308 approval from the Board of Nursing.(1) Upon receiving a form requesting a new baccalaureate degree program from the institution, or a pilot institution applying to offer an engineering program, the Assistant Commissioner, Commissioner or Board, depending on the required level of approval, shall act on the approval or denial according to the timelines specified in subchapter A of this chapter. If the Board does not act to approve or deny the proposal within the specified time frames, the program is considered approved.(2) For a pilot institution, the Assistant Commissioner has sixty days from submission of the proposal request materials to complete the review and act to approve or disapprove the proposed program. The Assistant Commissioner shall approve the program if the baccalaureate degree program is administratively complete, approved by the governing board of the junior college district, and is not an engineering program.(3) A public junior college applying to offer a Bachelor of Science in nursing must provide a letter from the Board of Nursing demonstrating that the program meets the standards and criteria of the Texas Board of Nursing in accordance with Tex. Educ. Code §130.308 with its application in order to be deemed administratively complete.(d) An institution must obtain the type of approval specified in §2.85 of this subchapter (relating to Approval Required).(e) Upon approval, Board Staff will add the new degree program to the institution's official Program Inventory. The Program Inventory contains the list of degrees and certificates with official Board approval.</content><note type="source"><p>Source Note: The provisions of this §2.86 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.87"><num value="2.87">§2.87</num><heading>Criteria for New Baccalaureate Degree Programs</heading><content>(a) The Board may authorize baccalaureate degree programs at a public junior college in the fields of applied science, including a degree program in applied science with an emphasis on early childhood education, applied technology, or nursing, that have a demonstrated workforce need.(b) All proposed baccalaureate degree programs must meet the criteria set out in this subsection, in addition to the general criteria in subchapter A, §2.5 (relating to General Criteria for Program Approval), and subchapter F, §2.118 (relating to Post-Approval Program Reviews), of this chapter.(c) Each public junior college seeking to offer a baccalaureate degree program must comply with the requirements and limitations specified in Tex. Educ. Code, chapter 130, subchapter L, except for §130.307(4). A public junior college is not required to establish articulation agreements for the supporting Associate of Applied Science degree program(s) but must secure a teach-out agreement with a Texas public institution of higher education that offers a similar baccalaureate program.(d) A public junior college offering a baccalaureate degree program must meet all applicable accreditation requirements of the Southern Association of Colleges and Schools Commission on Colleges. A public junior college that has attained accreditation by the Southern Association of Colleges and Schools Commission on Colleges is authorized to change accreditors to any accrediting agency approved by the Board under chapter 4, subchapter J of this title (relating to Accreditation).(e) A public junior college district may not offer more than five baccalaureate degree programs at any time not-withstanding if accredited as a single institution.</content><note type="source"><p>Source Note: The provisions of this §2.87 adopted to be effective November 28, 2022, 47 TexReg 7890; amended to be effective February 15, 2024, 49 TexReg 662; amended to be effective August 15, 2024, 49 TexReg 5957.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.88"><num value="2.88">§2.88</num><heading>Approval and Semester Credit Hours</heading><content>If the minimum number of semester credit hours required to complete a proposed baccalaureate program exceeds 120, the institution must provide detailed documentation describing the compelling academic reason for the number of required hours, such as programmatic accreditation requirements, statutory requirements, or licensure/certification requirements that cannot be met without exceeding the 120-semester credit hour limit. Board Staff will review the documentation provided and decide to approve or deny a request to exceed the 120-semester credit hour limit.</content><note type="source"><p>Source Note: The provisions of this §2.88 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.89"><num value="2.89">§2.89</num><heading>Post-Approval Program Reviews</heading><content>Each public junior college offering a baccalaureate degree program shall conduct a review of each baccalaureate degree program offered and prepare a biennial report on the operation, quality, and effectiveness of the baccalaureate degree programs in a format specified by the Board. A copy of the report shall be delivered to the Board by January 1 of each odd numbered year.</content><note type="source"><p>Source Note: The provisions of this §2.89 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.90"><num value="2.90">§2.90</num><heading>Revisions to Approved Baccalaureate Programs</heading><content>Institutions may request non-substantive revisions to approved baccalaureate degree programs under subchapter A, §2.9 of this chapter (relating to Revisions and Modifications to an Approved Program).</content><note type="source"><p>Source Note: The provisions of this §2.90 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.91"><num value="2.91">§2.91</num><heading>Phasing Out a Baccalaureate Program</heading><content>An institution may request to phase out a baccalaureate program in accordance with subchapter H of this chapter using the Program Consolidation or Phase-Out Form on the Board's website.</content><note type="source"><p>Source Note: The provisions of this §2.91 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scE/s2.92"><num value="2.92">§2.92</num><heading>Effective Date of Rules</heading><content>Each rule under this subchapter applies to each program for which an institution has submitted a required Planning Notification on or after June 1, 2023. For a proposed program not required to submit a Planning Notification, these rules apply to a program submitted for notification or approval on or after September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §2.92 adopted to be effective November 28, 2022, 47 TexReg 7890.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scF"><num value="F">SUBCHAPTER F</num><heading>APPROVAL PROCESS FOR NEW BACCALAUREATE AND MASTER'S DEGREES AT PUBLIC UNIVERSITIES AND PUBLIC HEALTH-RELATED INSTITUTIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.110"><num value="2.110">§2.110</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for public universities and public health-related institutions to request new baccalaureate or master's degrees from the Board.</content><note type="source"><p>Source Note: The provisions of this §2.110 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.111"><num value="2.111">§2.111</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code §§61.051 and 61.0512, which provide that no new degree program may be added at any public institution of higher education except with specific prior approval of the Board. Tex. Educ. Code §61.0515 requires that the number of semester credit hours required for the baccalaureate degree not exceed the minimum number required by the institution's accreditor, in the absence of a compelling academic reason provided by the institution.</content><note type="source"><p>Source Note: The provisions of this §2.111 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.112"><num value="2.112">§2.112</num><heading>Applicability</heading><content>(a) This subchapter applies to public universities and public health-related institutions.(b) This subchapter does not apply to public junior colleges.(c) This subchapter does not apply to a master's degree awarded by a public institution pursuant to Subchapter H, §2.147, of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.112 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.113"><num value="2.113">§2.113</num><heading>Submission of Planning Notification</heading><content>An institution of higher education seeking approval to offer a degree program under this subchapter must submit a Planning Notification to Board Staff in accordance with Subchapter C of this chapter prior to submitting an administratively complete request for a new baccalaureate or master's degree proposal.</content><note type="source"><p>Source Note: The provisions of this §2.113 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.114"><num value="2.114">§2.114</num><heading>Approval Required</heading><content>(a) A Public Health-Related Institution and Public University is subject to Assistant Commissioner Approval under Subchapter A, §2.4, of this chapter, if the proposed program contains not greater than 50% new content.(b) A Public Health-Related Institution and Public University is subject to Commissioner Approval under Subchapter A, §2.4, of this chapter, if the proposed program contains greater than 50% new content.(c) A Public Health-Related Institution or Public University proposing a master's degree that will be the institution's first degree at that level will be subject to Board Approval under Subchapter A, §2.4, of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.114 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.115"><num value="2.115">§2.115</num><heading>Presentation of Requests and Steps for Implementation</heading><content>(a) A requesting institution must submit a Planning Notification in accordance with Subchapter C of this chapter.(b) A Public Health-Related Institution and Public University must request a new baccalaureate or master's degree using the forms available on the Board's website.(c) Board Staff will make the determination of administrative completeness in accordance with Subchapter A, §2.6, of this chapter.(d) The Assistant Commissioner, Commissioner, or Board, as applicable, shall approve or deny the proposed program within the timelines specified in Subchapter A, §2.4, of this chapter, after receipt of the complete program proposal. If the Assistant Commissioner, Commissioner, or Board does not act to approve or deny the proposal within the specified time frames, the program is considered approved.(e) Upon approval, Board Staff will add the new degree program to the institution's official Program Inventory. The Program Inventory contains the list of degrees and certificates with official Board approval.</content><note type="source"><p>Source Note: The provisions of this §2.115 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.116"><num value="2.116">§2.116</num><heading>Approval and Semester Credit Hours</heading><content>If the minimum number of semester credit hours required to complete a proposed baccalaureate program exceeds 120, the institution must provide detailed documentation describing the compelling academic reason for the number of required hours, such as programmatic accreditation requirements, statutory requirements, or licensure/certification requirements that cannot be met without exceeding the 120-semester credit hour limit. Board Staff will review the documentation provided and make a determination to approve or deny a request to exceed the 120-semester credit hour limit.</content><note type="source"><p>Source Note: The provisions of this §2.116 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.117"><num value="2.117">§2.117</num><heading>Criteria for New Baccalaureate and Master's Degrees</heading><content>(a) All proposed baccalaureate and master's degree programs must meet the criteria set out in this subsection, in addition to the general criteria in Subchapter A, §2.5, of this chapter.(b) Board Staff shall ensure that each institution certifies and provides required evidence that a proposed baccalaureate or master's degree meets the criteria in Subchapter A, §2.5, of this chapter and the following criteria in its proposal request:(1) Program Need. To meet the requirements of Subchapter A, §2.5(a)(1) and (2), the institution must be able to demonstrate present and future workforce need of the state and nation. There should be a ready job market for graduates of the program, or alternatively, the program should produce students for master's or doctoral-level programs in fields in which there is a demonstrated need for professionals.(2) Adequate Financing. In assessing whether the program meets the requirements of Subchapter A, §2.5(a)(4) and (5), the program must demonstrate that there is adequate financing available to initiate the proposed program without reducing funds for existing programs or weakening them in any way. The program must provide evidence demonstrating generation of sufficient semester credit hours under funding formulas and student tuition and fees to pay faculty salaries, departmental operating costs, and instructional administration costs for the program after the start-up period.(3) Faculty and Resources.(A) Faculty. In assessing the criteria under Subchapter A, §2.5(a)(6), Board Staff shall ensure that the faculty are adequate to provide high program quality. In reviewing faculty, Board Staff will review for the following minimum criteria:(i) With few exceptions, the master's degree should be the minimum educational attainment for faculty teaching in baccalaureate programs.(ii) In most disciplines, the doctorate should be the minimum educational attainment for faculty teaching in graduate programs.(iii) Faculty shall meet the qualitative and quantitative criteria of the institution's appropriate accrediting body.(iv) The institution must dedicate a sufficient number of qualified faculty to a new program. This number shall vary depending on the discipline, the nature of the program, and the anticipated number of students; however, there must be at least one full time equivalent faculty already in place for the program to begin enrolling students.(v) In evaluating faculty resources for proposed degree programs, Board Staff shall consider only those degrees held by faculty that were issued by:(I) United States institutions accredited by accrediting agencies recognized by the Board, or(II) institutions located outside the United States that have demonstrated that their degrees are equivalent to degrees issued from an institution in the United States accredited by accrediting agencies recognized by the Board.(B) Facilities and Other Resources. To meet the criteria in Subchapter A, §2.5(a)(6), each program must include adequate facilities and resources to accommodate the program, including:(i) Office space for the faculty, teaching assistants, and administrative and technical support staff; seminar rooms; computer and electronic resources; and other appropriate facilities such as laboratories; and(ii) Library and IT Resources. Library and information technology resources must be adequate for the proposed program and meet the standards of the appropriate accrediting agencies. Library resources should be strong in the appropriate program field and in related and supporting fields.(4) Quality of the Program and Alignment with the Long-Range Plan. To assess the quality of the program, the program must be able to demonstrate the quality of the program, including quality of curriculum design. In addition to meeting the criteria in Subchapter A, §2.5(a)(6) and (a)(8), the proposed program must offer high-quality curriculum, as evidenced by the following:(A) Professional programs and those resulting in licensure are designed to meet the standards of appropriate regulatory bodies;(B) The curricular structure and policies of the proposed program should promote students' timely completion of the program, including policies awarding:(i) transfer of credit, as required by Chapter 4, Subchapter B of this title (relating to Transfer of Credit, Core Curriculum and Field of Study Curricula);(ii) course credit by examination, credit for professional experience, placing out of courses, and any alternative learning strategies, such as competency-based education, which may increase efficiency in student progress in the proposed program; and(iii) Strong Related Programs. There must be high-quality programs in other related and supporting disciplines at the baccalaureate or master's levels, as evidenced by enrollments, numbers of graduates, and completion rates in those related and supporting programs, as appropriate.</content><note type="source"><p>Source Note: The provisions of this §2.117 adopted to be effective November 28, 2022, 47 TexReg 7891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.118"><num value="2.118">§2.118</num><heading>Criteria for New Competency-Based Baccalaureate Degrees</heading><content>(a) Each system shall ensure that one or more institutions of higher education under its control offer a competency-based baccalaureate degree program in accordance with this rule. (b) At least one institution of higher education in each system shall offer a competency-based baccalaureate degree program in one of the following high-demand fields: (1) CIP 11 - Computer and Information Sciences and Support Services (e.g., computer science, data science, information security/cyber security); (2) CIP 51 - Health Professions and Related Programs (e.g., nursing, health services, health administration); (3) CIP 27 - Mathematics and Statistics; (4) CIP 30.70 Data Science, CIP 30.71 Data Analytics, or CIP 30.08 Mathematics and Computer Science, or; (5) Any other degree program approved by the Commissioner based on available data demonstrating the program leads to employment in a high-demand field.(c) A competency-based baccalaureate degree program offered under this section is subject to the planning notification required by §2.113 of this subchapter (relating to Submission of Planning Notification), approval required under §2.114 of this subchapter (relating to Approval Required), and 2.4 of this chapter (relating to Approval Required). (d) A competency-based baccalaureate degree program offered under this section is subject to the criteria for approval under §2.117 of this subchapter (relating to Criteria for New Baccalaureate and Master's Degrees). (e) An institution may not charge more than the total tuition provided in chapter 13, subchapter G of this title (relating to Tuition and Fees) for a degree program offered under this section. (f) This rule applies to each system beginning with the 2026 - 2027 academic year. A system that does not currently offer a competency-based degree in a high-demand field as set out in this section shall submit a planning notification for approval of a program not later than July 1, 2026.</content><note type="source"><p>Source Note: The provisions of this §2.118 adopted to be effective February 11, 2026, 51 TexReg 717.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.119"><num value="2.119">§2.119</num><heading>Post-Approval Program Reviews</heading><content>Board Staff shall conduct post-approval reviews in accordance with subchapter I of this chapter (relating to Review of Existing Degree Programs).</content><note type="source"><p>Source Note: The provisions of this §2.119 adopted to be effective February 11, 2026, 51 TexReg 717.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.120"><num value="2.120">§2.120</num><heading>Revisions to Approved Baccalaureate or Master's Degree Programs</heading><content>An institution may request a non-substantive or substantive revision or modification to an approved baccalaureate or master's program under §2.7 of this chapter relating to Informal Notice and Comment on Proposed Local Programs).</content><note type="source"><p>Source Note: The provisions of this §2.120 adopted to be effective February 11, 2026, 51 TexReg 717.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scF/s2.121"><num value="2.121">§2.121</num><heading>Phasing Out a Master's or Baccalaureate Degree Program</heading><content>An institution may request to phase out a master's or baccalaureate program under subchapter H of this chapter (relating to Phasing Out Degree and Certificate Programs).</content><note type="source"><p>Source Note: The provisions of this §2.121 adopted to be effective February 11, 2026, 51 TexReg 717.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scG"><num value="G">SUBCHAPTER G</num><heading>APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.140"><num value="2.140">§2.140</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for public universities and public health-related institutions to request new doctoral or professional degrees from the Board.</content><note type="source"><p>Source Note: The provisions of this §2.140 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.141"><num value="2.141">§2.141</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code §§61.051 and 61.0512, which provide that no new degree program may be added at any public institution of higher education except with specific prior approval of the Board. In addition, Tex. Educ. Code §61.05122 requires institutions to submit a plan for graduate medical education ahead of submitting an M.D. or D.O. proposal.</content><note type="source"><p>Source Note: The provisions of this §2.141 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.142"><num value="2.142">§2.142</num><heading>Applicability</heading><content>This subchapter applies to public universities and public health-related institutions as defined under subchapter A of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.142 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.143"><num value="2.143">§2.143</num><heading>Submission of Planning Notification</heading><content>(a) An institution of higher education must submit a Planning Notification to Board Staff in accordance with subchapter C, §2.41 of this chapter (relating to Planning Notification: Notice of Intent to Plan).(b) An institution seeking approval for a new doctoral or professional degree program shall submit the required planning notification at least one year prior to submitting an administratively complete request for a new doctoral or professional degree.(c) An institution seeking approval for a professional degree program meeting one of the following criteria is excepted from the requirement under subsection (b) of this section:(1) The institution previously received Board approval for the same professional degree program;(2) The institution is acquiring the proposed professional degree program from another institution of higher of education as defined in Texas Education Code, §61.003(8), and the program is currently accredited and previously received Board approval; or(3) The institution is acquiring the proposed professional degree program from another private or independent institution of higher of education as defined in Texas Education Code, §61.003(15), and the program is currently fully accredited and in good standing with its institutional accreditor and discipline-specific accreditor, as applicable.</content><note type="source"><p>Source Note: The provisions of this §2.143 adopted to be effective November 28, 2022, 47 TexReg 7895; amended to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.144"><num value="2.144">§2.144</num><heading>Graduate Medical Education Plan for New Medical Degree Programs</heading><content>(a) In addition to submitting a Planning Notification under subchapter C, §2.41 of this chapter (relating to Planning Notification: Notice of Intent to Plan), an institution of higher education seeking approval to offer a doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) professional degree must also submit a graduate medical education plan, in accordance with Tex. Educ. Code §61.05122. Submission of this plan is a prerequisite to Board consideration of the proposed degree program.(b) Board Staff may acknowledge the graduate medical education plan if the institution's plan meets all the requirements of Tex. Educ. Code §61.05122. Board Staff may request additional information as necessary to determine if the requirements of Tex. Educ. Code §61.05122 are met.(c) An institution that experiences substantial growth in an individual enrollment class size after Board Staff approves the graduate medical education plan must submit an updated plan that meets the requirements of Tex. Educ. Code §61.05122(d-1) not later than one academic term after experiencing substantial growth.(1) For the purpose of this section, "substantial growth" is defined as an increase in enrollment that would require additional first-year residency positions to achieve a ratio for the number of first-year graduate medical education positions, relative to the number of medical school graduates in the state, of at least 1.1 to 1.(2) The Assistant Commissioner shall approve the updated graduate medical education plan if the institution's plan meets all the requirements of Tex. Educ. Code §61.05122. Board Staff may request additional information as necessary to determine if the requirements of Tex. Educ. Code §61.05122 are met.</content><note type="source"><p>Source Note: The provisions of this §2.144 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.145"><num value="2.145">§2.145</num><heading>Presentation of Requests and Steps for Implementation</heading><content>(a) The requesting institution must submit a Planning Notification in accordance with subchapter C, §2.41 of this chapter (relating to Planning Notification: Notice of Intent to Plan), at least one year prior to submitting an administratively complete program proposal.(b) Each institution must request new doctoral and professional degree programs using the New Doctoral and Professional Degree Proposal Form available on the Board's website.(c) Board Staff will make the determination of administrative completeness in accordance with subchapter A, §2.6 of this chapter (relating to Administrative Completeness).(d) Board Staff shall utilize out-of-state disciplinary experts to assist in the review process to evaluate the quality of a proposed doctoral or professional program.(e) Each proposed doctoral and professional degree program is subject to Board Approval under subchapter A, §2.4(4) of this chapter (relating to Types of Approval Required).(f) Upon Board approval, Board Staff will add the new doctoral or professional program to the institution's official Program Inventory. The Program Inventory contains the list of programs with official Board approval.</content><note type="source"><p>Source Note: The provisions of this §2.145 adopted to be effective November 28, 2022, 47 TexReg 7895; amended to be effective August 15, 2024, 49 TexReg 5958.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.146"><num value="2.146">§2.146</num><heading>Criteria for New Doctoral and Professional Degree Programs</heading><content>(a) All proposed doctoral and professional degree programs must meet the criteria set out in this subsection, in addition to the general criteria in subchapter A, §2.5 of this chapter (relating to General Criteria for Program Approval).(b) Each institution must provide evidence in its application that a proposed doctoral and professional program meets the following criteria.(1) Program Need. To meet the requirements of subchapter A, §2.5(a)(1) and (2) of this chapter, the institution must be able to demonstrate present and future workforce need of the state and nation. There should be a ready job market for graduates of the program. In assessing the need for the program, the institution should consider labor market information and other data provided by Board Staff in response to the institution's Planning Notification. While Board Staff may also recommend or use generally available information to assess the need for the program, particularly in cases where labor market needs are changing rapidly, it is the responsibility of the institution requesting a doctoral or professional program to demonstrate that a workforce need for the proposed program exists. Acceptable documentation includes:(A) An analysis of national data showing the number of doctoral or professional degrees being produced annually in the discipline and comparing that to the numbers of professional job openings for those degrees in the discipline as indicated by sources such as the main professional journal(s) of the discipline.(B) The institution must also provide data on the enrollments, number of graduates, and capacity to accept additional students of other similar doctoral programs in Texas, demonstrating that current production levels of graduates are insufficient to meet projected workforce needs. The Board may consider local, state, or national workforce needs in this analysis.(C) The institution should also provide evidence of student demand for a doctoral program in the discipline, such as potential student survey results and documentation that qualified students are not gaining admission to existing programs in Texas.(2) Adequate Financing. In assessing whether the program meets the requirements of subchapter A, §2.5(a)(4) and (5) of this chapter, the program must demonstrate that there is adequate financing available to initiate the proposed program without reducing funds for existing programs or weakening them in any way. For doctoral programs, institutions shall offer comprehensive financial assistance packages to recruit and retain high-quality doctoral students.(3) Faculty and Resources. In assessing the criteria under subchapter A, §2.5(a)(7) of this chapter, Board Staff shall ensure that each institution demonstrates a strong core of qualified doctoral faculty capable of guaranteeing a high-quality doctoral program with the potential to attain national prominence. The institution must employ at least one core faculty member active in the department or unit offering the proposed program at the time of application. The institution must also provide an approved hiring schedule demonstrating the ability to hire any additional faculty appropriate to support the projected number of enrolled students. The institution must provide documentation on a schedule determined by Board Staff of the faculty hires through submission of a letter of intent, curriculum vitae or equivalent documentation of faculty credentials in a format determined by the Board, and a list of courses in the curriculum that the faculty hire would be qualified to teach. The program must not result in such a high ratio of doctoral students to faculty as to make individual guidance prohibitive. Evidence of quality faculty may include:(A) Doctoral faculty, holding the Doctor of Philosophy degree or its equivalent from a variety of graduate schools of recognized reputation.(B) Professors and associate professors have achieved national or regional professional recognition.(C) Core faculty are currently engaged in productive research and have published the results of such research in the main professional journals of their discipline.(D) Faculty come from a variety of academic backgrounds and have complementary areas of specialization within their field.(E) Some doctoral faculty have experience directing doctoral dissertations.(F) In evaluating faculty resources for proposed degree programs, the Board shall consider only those degrees held by the faculty that were issued by:(i) United States institutions accredited by accrediting agencies recognized by the Board; or(ii) institutions located outside the United States that have demonstrated that their degrees are equivalent to degrees issued from an institution in the United States accredited by accrediting agencies recognized by the Board.(4) Support Staff. Each program must have an adequate number of support staff to provide sufficient services for both existing programs and any proposed increases in students and faculty in the proposed program.(5) Facilities and Resources. To meet the criteria in subchapter A, §2.5(a)(7) of this chapter, each program must include adequate facilities and resources to accommodate the program, including:(A) Office space for the faculty, teaching assistants, and administrative and technical support staff; seminar rooms; computer and electronic resources; and other appropriate facilities such as laboratories.(B) Library and IT Resources. Library and information technology resources must be adequate for the proposed program and meet the standards of the appropriate accrediting agencies. Library resources should be strong in the proposed doctoral program field and in related and supporting fields.(6) Quality of the Program and Alignment with the Long-Range Plan. In addition to meeting the criteria in subchapter A, §2.5(a)(6) and (8) of this chapter, an institution must demonstrate the quality of a proposed program by the meeting the following:(A) An institution shall be required to utilize disciplinary experts to review the proposed program to assess the overall quality of the program.(B) Elements of a high-quality program, may include, but are not limited to:(i) Design of proposed program as evidenced by the program's ability to prepare a graduate student for teaching, creative activities, research, or other professional activities. The program must be characterized by freedom of inquiry and expression.(ii) Availability of quality undergraduate and graduate programs in a wide number of disciplines at the undergraduate and master's levels. The institution must also offer high-quality programs in other related and supporting doctoral areas.(iii) Quality Planning. The proposed program shall be carefully planned and result in a degree plan that is clear, comprehensive, and generally uniform. The program may include flexibility to meet the legitimate professional interests of doctoral-level degree or professional degree students. Evidence of a carefully planned, high-quality program includes:(I) A logical sequence of degree requirements;(II) Alternative methods of determining mastery of program content, such as competency-based education, prior learning assessment, and other options for reducing students' time to degree;(III) Specialization and breadth of education, with rules for the distribution of study to achieve both, including interdisciplinary programs if indicated; and(IV) A research dissertation or equivalent requirements to be judged by the doctoral faculty on the basis of quality.(iv) External Learning Experiences. In disciplines that require them program must include plans for external learning experiences for students, such as internships, clerkships, or clinical experiences, in disciplines that require them.(v) Accreditation Standards. Each proposed program shall meet the criteria of its accrediting Board and doctoral or professional program criteria of relevant professional groups and organizations, such as the Council of Graduate Schools, the Modern Language Association, the American Historical Association, the Accreditation Board for Engineering and Technology, or other bodies where relevant to the particular discipline.(vi) Teaching Loads of Faculty. Unless justification is provided in the application, teaching loads of faculty in the doctoral or professional program should not exceed two courses per term. The mix of courses shall include advanced courses and seminars with low enrollments.</content><note type="source"><p>Source Note: The provisions of this §2.146 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.147"><num value="2.147">§2.147</num><heading>Embedded Credential: Master's Degree</heading><content>An institution may offer a master's degree as an embedded credential in the same, a related, or supporting field to a student who enrolled in a doctoral program. The institution may request approval for the master's degree:(1) in the application for the doctoral program; or(2) may request the master's degree program subject to Expedited Review under subchapter A, 2.4 of this chapter, if the institution already offers an approved doctoral program in the same CIP Code.</content><note type="source"><p>Source Note: The provisions of this §2.147 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.148"><num value="2.148">§2.148</num><heading>Approval and Semester Credit Hours</heading><content>(a) The Board shall review and approve or deny a proposed doctoral or professional degree in accordance with the applicable provisions under subchapter A and this subchapter.(b) If the Board approves a program that requires more than 100 semester credit hours, that program is deemed to meet the requirements for formula funding of doctoral students over 100 credit hours, but not to exceed 130 semester credit hours, set out in Tex. Educ. Code §61.059.</content><note type="source"><p>Source Note: The provisions of this §2.148 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.149"><num value="2.149">§2.149</num><heading>Non-Compliance with Approval Conditions</heading><content>(a) If a new doctoral or professional degree program fails to satisfy all conditions of approval by the end of the first five years following program implementation, Board Staff shall notify the institution in writing of its deficiencies. Within sixty days of receipt of notification, the program shall:(1) provide to Board Staff a written report containing the institution's findings as to why all conditions of approval were not met;(2) submit a written plan describing how the program will fulfill all unsatisfied conditions of approval within one year; and(3) at the end of the one-year period provide a report to Board Staff on whether all unsatisfied conditions of approval have been fulfilled.(b) If the institution fails to respond or fails to remedy the deficiencies or non-compliance in accordance with subsection (a) of this section, Board Staff may recommend that the Board issue a show cause letter to the institution in accordance with subsection (c) of this section.(c) If the Board approves the issuance of a show cause letter to a new doctoral degree or professional program that fails to satisfy all remaining conditions of approval during the one-year period referenced in subsection (a)(2) of this section, the institution shall be required to show cause why the Board shall not revoke the program approval and require teach-out and closure of the program.(d) Program Closure and Teach-Out. If it is determined that a new doctoral degree program fails to satisfy all contingencies and conditions of approval, after responding to the show cause notice in subsection (b) of this section, Board Staff may notify the institution in writing with a recommendation to eliminate the program.(e) If the institution chooses not to follow the recommendation, Board Staff may send the recommendation to the governing board of the institution. If the governing board does not accept the recommendation to eliminate the program, then the university system or, where a system does not exist, the institution must identify the programs recommended for closure by the Board on the next legislative appropriations request submitted by the system or institution.</content><note type="source"><p>Source Note: The provisions of this §2.149 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.150"><num value="2.150">§2.150</num><heading>Post-Approval Program Reviews</heading><content>Board staff shall conduct post-approval reviews in accordance with subchapter I of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.150 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.151"><num value="2.151">§2.151</num><heading>Revisions to Approved Doctoral or Professional Programs</heading><content>An institution may request a non-substantive or substantive revision or modification to an approved doctoral or professional program under subchapter A, §2.9 of this chapter (relating to Revisions and Modifications to an Approved Program).</content><note type="source"><p>Source Note: The provisions of this §2.151 adopted to be effective November 28, 2022, 47 TexReg 7895; amended to be effective August 15, 2024, 49 TexReg 5958.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.152"><num value="2.152">§2.152</num><heading>Phasing Out a Doctoral or Professional Program</heading><content>An institution may request to phase out a doctoral or professional program under subchapter H of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.152 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scG/s2.153"><num value="2.153">§2.153</num><heading>Effective Date of Rules</heading><content>Each rule under this subchapter applies to each program for which an institution has submitted a required Planning Notification on or after June 1, 2023. For a proposed program not required to submit a Planning Notification, these rules apply to a program submitted for notification or approval on or after September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §2.153 adopted to be effective November 28, 2022, 47 TexReg 7895.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scH"><num value="H">SUBCHAPTER H</num><heading>PHASING OUT DEGREE AND CERTIFICATE PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scH/s2.170"><num value="2.170">§2.170</num><heading>Authority</heading><content>Texas Education Code §61.0512 gives the Board authority to approve new degree or certificate programs. The Board maintains the list of approved programs in a Program Inventory for each institution. Establishing a phase-out procedure for programs ensures the accuracy of the Program Inventories, which is necessary for the Board to carry out its duties under Tex. Educ. Code §61.0512.</content><note type="source"><p>Source Note: The provisions of this §2.170 adopted to be effective November 28, 2022, 47 TexReg 7900.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scH/s2.171"><num value="2.171">§2.171</num><heading>Program Phase-Out Notification</heading><content>(a) If the institution where the program is located wishes to close the program, the institution shall:(1) develop and execute a teach-out plan;(2) give appropriate notification to the federally-recognized institutional accreditor and the Program's accreditor, as applicable;(3) cease to admit new students to the program;(4) ensure that all courses necessary to complete the program are offered on a timely basis; and(5) close the program when the last student enrolled in the program has graduated or the teach-out period has lapsed.(b) Public institutions of higher education must notify Board Staff of intent to phase out a degree or certificate program prior to closure of the program.(c) The institution shall provide the information required in this section by submitting the Phase Out Notification Form on the Board's website. The notification form will require the institution to submit the following information:(1) The name, designation, and CIP Code of the degree or program, as listed in the institution's Program Inventory; and(2) The anticipated closure date of the program.(d) Upon receiving the Phase Out Notification Form, Board Staff will update the institution's Program Inventory to reflect the phase-out date of the program. Board Staff will remove the program from the Program Inventory at the time of the date of closure, as reported by the institution. If the institution chooses not to phase a program out after providing prior notification to the Coordinating Board of intent to phase out the program, the institution must submit an update that the program will continue to Board Staff.</content><note type="source"><p>Source Note: The provisions of this §2.171 adopted to be effective November 28, 2022, 47 TexReg 7900.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scH/s2.172"><num value="2.172">§2.172</num><heading>Effective Date of Rules</heading><content>This rule applies to a program that an institution seeks to close on or after September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §2.172 adopted to be effective November 28, 2022, 47 TexReg 7900.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scI"><num value="I">SUBCHAPTER I</num><heading>REVIEW OF EXISTING DEGREE PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scI/s2.180"><num value="2.180">§2.180</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code §61.002, which directs the Board to coordinate higher education through efficient and effective use of resources and elimination of costly program duplication; Tex. Educ. Code §61.0512(e), which requires the Board to conduct reviews of programs at least every ten years after the program's establishment; and Tex. Educ. Code §130.311, which requires public junior colleges to issue a report on their baccalaureate programs to the Board.</content><note type="source"><p>Source Note: The provisions of this §2.180 adopted to be effective November 28, 2022, 47 TexReg 7901.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scI/s2.181"><num value="2.181">§2.181</num><heading>Academic Programs at Public Universities and Public Health-Related Institutions</heading><content>(a) Each public institution of higher education, in accordance with the requirements of the institution's approved accreditor, shall have a process to review the quality and effectiveness of existing degree programs and for continuous improvement.(b) Board staff shall develop a process for conducting a periodic audit of the quality, productivity, and effectiveness of each existing master's, doctoral, and professional degree program at a public institution of higher education.(c) Board staff will meet the requirements of program review established by Texas Education Code, §61.0512(e), by reviewing program data reported in the Accountability System for each undergraduate degree offered by a public institution of higher education in Texas.(d) Each public university and public health-related institution shall review each of its master's, doctoral and professional degree programs at least once every ten (10) years.(1) On a schedule to be determined by the Commissioner, each institution shall submit a schedule of review for each graduate program to the Assistant Commissioner with oversight of academic program approval.(2) Each institution shall begin each review of a graduate degree program with a rigorous self-study.(3) As part of the required review process, an institution shall use at least two external reviewers with subject-matter expertise who are employed by institutions of higher education outside of Texas. Each institution shall provide its external reviewers with the materials and products of the self-study and must participate in a site review.(4) Each external reviewer shall be part of a program that is nationally recognized for excellence in the discipline.(5) Each external reviewer shall affirm that they have no conflict of interest related to the Board, the institution, or program under review.(6) Each institution may review a closely-related program, defined as sharing the same four-digit Classification of Instructional Programs code, in a consolidated manner at the discretion of the institution.(7) Each institution shall review a master's and doctoral program in the same discipline simultaneously, using the same self-study materials and reviewers. Each institution may also, at their discretion, review a baccalaureate program in the same discipline as master's and doctoral programs simultaneously.(8) Each Institution shall submit a report on the outcomes of each review, including the evaluation of the external reviewers and actions the institution has taken or will take to improve the program, and shall deliver these reports to Board staff no later than 180 days after the reviewers have submitted their findings to the institution.(9) Each institution may submit a review of a master's, doctoral, or professional program performed for reasons of programmatic licensure or accreditation in satisfaction of the review and reporting requirements in this subsection.(e) Board staff shall review all reports submitted for a master's, doctoral, or professional degree program and shall conduct analysis as necessary to ensure high quality. The Commissioner may require an institution to take additional actions to improve its program as a result of Board review.</content><note type="source"><p>Source Note: The provisions of this §2.181 adopted to be effective November 28, 2022, 47 TexReg 7901; amended to be effective August 15, 2024, 49 TexReg 5958.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scI/s2.182"><num value="2.182">§2.182</num><heading>Doctoral and Professional Degree Programs</heading><content>(a) Board staff shall monitor a new doctoral or professional degree program for a period of five (5) years following implementation of the program to ensure the institution has satisfied any condition of approval stipulated by the Board by the end of that period.(b) The institution shall describe progress toward satisfaction of any condition of approval to Board staff in the new doctoral and professional program's annual reports to the Board.(c) Board staff shall annually provide an update to the Commissioner and Board on the implementation status of approved doctoral and professional programs until the program has successfully completed the five-year progress monitoring period.(d) Board staff shall not require a new doctoral or professional degree program that adequately satisfied all conditions of approval during the first five (5) years following program implementation to submit further annual reports unless directed to do so by the Commissioner or the Board.(e) The Commissioner may require any reporting necessary to determine whether the program remains in compliance with the terms of its program approval or these rules.(f) The Commissioner may at his or her discretion grant a written extension of time to provide a report under this section if an institution demonstrates good cause.</content><note type="source"><p>Source Note: The provisions of this §2.182 adopted to be effective November 28, 2022, 47 TexReg 7901; amended to be effective August 15, 2024, 49 TexReg 5958.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scI/s2.183"><num value="2.183">§2.183</num><heading>Baccalaureate Degree Programs at Public Junior Colleges</heading><content>(a) Each public junior college offering a baccalaureate degree program under this subchapter shall conduct a review of each baccalaureate degree program offered and prepare a biennial report on the operation, quality, and effectiveness of the baccalaureate degree programs in a format specified by the Board. A copy of the report shall be delivered to the Board by January 1 of each odd numbered year.(b) The Commissioner may require any reporting necessary to determine whether the program remains in compliance with the terms of its program approval, statute, or these rules.</content><note type="source"><p>Source Note: The provisions of this §2.183 adopted to be effective November 28, 2022, 47 TexReg 7901.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scI/s2.184"><num value="2.184">§2.184</num><heading>Effective Date of Rules</heading><content>Each rule under this subchapter applies to a review of a program for which an institution has submitted a required Planning Notification on or after June 1, 2023, or submitted its program approval request on or after September 1, 2023. For all other programs, including proposed programs not required to submit a Planning Notification, these rules apply on or after September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §2.184 adopted to be effective November 28, 2022, 47 TexReg 7901.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scJ"><num value="J">SUBCHAPTER J</num><heading>APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.200"><num value="2.200">§2.200</num><heading>Purpose</heading><content>This subchapter establishes rules for all public institutions of higher education in Texas regarding the delivery of distance education. The rules are designed to provide Texas residents with access to courses and programs that meet their needs and to promote course and program quality.</content><note type="source"><p>Source Note: The provisions of this §2.200 adopted to be effective May 18, 2023, 48 TexReg 2493.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.201"><num value="2.201">§2.201</num><heading>Authority</heading><content>Authority for this subchapter is provided by Texas Education Code §61.0512(g), which provides the Board with the authority to approve distance education offered for credit.</content><note type="source"><p>Source Note: The provisions of this §2.201 adopted to be effective May 18, 2023, 48 TexReg 2493.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.202"><num value="2.202">§2.202</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. The definitions in 19 TAC, Chapter 2, Subchapter A, §2.3, apply for this subchapter unless a more specific definition for the same term is indicated in this rule.(1) Credit course--A college-level course that, if successfully completed, can be applied toward the number of courses required for achieving an academic or workforce degree, diploma, certificate, or other formal award.(2) Distance Education--The formal educational process that occurs when students and instructors are in separate physical locations for the majority (more than 50 percent) of instruction.(3) Distance Education Course--A course in which a majority (more than 50 percent) of the instruction occurs when the student(s) and instructor(s) are in separate physical locations. The definition of distance education course does not include courses with 50 percent or less instruction when the student(s) and instructor(s) are in separate physical locations. Two categories of distance education courses are defined:(A) 100-Percent Online Course--A distance education course in which 100 percent of instructional activity takes place when the student(s) and instructor(s) are in separate physical locations. Requirements for on-campus or in-person orientation, testing, academic support services, internships/fieldwork, or other non-instructional activities do not exclude a course from this category.(B) Hybrid Course--A distance education course in which more than 50 percent but less than 100 percent of instructional activity takes place when the student(s) and instructor(s) are in separate physical locations.(4) Distance Education Degree or Certificate Program--A program in which a student may complete a majority (more than 50 percent) of the credit hours required for the program through distance education courses. The definition of a Distance Education Degree or Certificate Program does not include programs in which 50 percent or less of the required credit hours are offered through distance education. Two categories of distance education programs are defined:(A) 100-Percent Online Program--A degree program in which students complete 100 percent of the credit hours required for the program through 100-Percent Online Courses. Requirements for on-campus or in-person orientation, testing, academic support services, internships/fieldwork, or other non-instructional activities do not exclude a program from this category.(B) Hybrid Program--A degree program in which students complete more than 50 percent but less than 100 percent of the credit hours required for the program through Distance Education Courses.(5) Institutional Accreditor--A federally recognized institutional accreditor approved by the Department of Education under 20 U.S.C. §1099b.(6) Institutional Plan for Distance Education ("Plan" or "IPDE")--A plan that an institution must submit for Coordinating Board approval prior to offering a distance education program for the first time. Each institution shall periodically update its plan on a schedule as specified in §2.205 of this subchapter.(7) Principles of Good Practice for Distance Education--Standards and criteria for distance education delivered by Texas public institutions. This document is reviewed and adopted by the Board every three years in accordance with §2.204 of this subchapter. This document is also known as "Principles of Good Practice for Academic Degree and Certificate Programs and Credit Courses Offered at a Distance."</content><note type="source"><p>Source Note: The provisions of this §2.202 adopted to be effective May 18, 2023, 48 TexReg 2493; amended to be effective February 15, 2024, 49 TexReg 662.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.203"><num value="2.203">§2.203</num><heading>Applicability of Subchapter</heading><content>(a) This subchapter applies to an institution that seeks to offer one or more Credit Courses as defined in §2.202(1) of this subchapter via distance education.(b) This subchapter does not apply to an institution that seeks to offer non-credit courses, including non-credit continuing education, via distance education. An institution offering only non-credit course(s) via distance education is not required to obtain approval under this subchapter regardless whether the course is otherwise eligible for funding.(c) This subchapter applies only to determination of whether an institution is authorized to offer course(s) via distance education and does not govern the course eligibility for funding. The agency shall determine whether a course is eligible for funding based on the applicable statutes and rules in the Texas Administrative Code.</content><note type="source"><p>Source Note: The provisions of this §2.203 adopted to be effective May 18, 2023, 48 TexReg 2493.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.204"><num value="2.204">§2.204</num><heading>Distance Education Standards and Criteria; the Principles of Good Practice for Distance Education</heading><content>The following provisions apply to all institutions covered under this subchapter, unless otherwise specified:(1) Principles of Good Practice for Distance Education. The Coordinating Board will adopt standards and criteria for Distance Education in the Principles of Good Practice for Distance Education. An institution's Institutional Plan for Distance Education ("Plan" or "IPDE") shall conform to the Principles of Good Practice for Distance Education in effect at the time the institution submits the Plan, as described in §2.205 of this subchapter.(A) Content of the Principles of Good Practice for Distance Education. The Principles of Good Practice for Education will contain a list of criteria necessary for the institution to demonstrate provision of high-quality distance education. These criteria may Include provisions relating to:(i) Institutional Context and Commitment;(ii) Curriculum and Instruction;(iii) Faculty;(iv) Evaluation and Assessment;(v) Facilities and Finances; and(vi) Adherence to Federal Requirements.(B) Process to Adopt the Principles of Good Practice for Distance Education. Board Staff will present the Principles of Good Practice for Distance Education to the Board for adoption no less than every three years. In revising the Principles of Good Practice, Board Staff may consider input from the Learning Technology Advisory Committee and best practice standards developed by external bodies, Including institutional accreditors.(2) Institutions offering or seeking to offer distance education programs shall comply with:(A) Principles and policies of their institutional accreditor.(B) Procedures governing the approval of distance education programs.(C) Standards outlined in Principles of Good Practice for Distance Education.(D) Data reporting associated with distance education offerings as required by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §2.204 adopted to be effective May 18, 2023, 48 TexReg 2493.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.205"><num value="2.205">§2.205</num><heading>Institutional Plan for Distance Education</heading><content>(a) Each institution shall submit an Institutional Plan for Distance Education ("IPDE") containing evidence of the institution's compliance with the mandatory Principles of Good Practice for Distance Education to the Coordinating Board prior to delivering any distance education programs for the first time. Board Staff will develop the IPDE form based on the standards and criteria contained in the Principles of Good Practice.(b) The Coordinating Board authorizes an institution to offer distance education courses under Texas Education Code §61.0512(g) upon approving an institution's IPDE in good standing or if the institution is on provisional status pending final approval of their IPDE. An institution may receive formula funding for distance education courses under Chapter 13, Subchapter O, of this title. An institution shall notify the Coordinating Board of intent to offer new Distance Education Degree or Certificate Programs under §2.206 of this subchapter.(c) Institutional academic and administrative policies shall reflect a commitment to maintain the quality of distance education courses and programs in accordance with the provisions of this subchapter. An IPDE shall conform to the Principles of Good Practice for Distance Education in effect at the time the institution submits the Plan.(d) Process to Review and Approve IPDEs.(1) IPDE Due Dates.(A) Initial Approval. Each institution of higher education shall assess its distance education in accordance with the Principles of Good Practice for Distance Education. Institutions must report results of that assessment in an IPDE to Board Staff prior to seeking approval to offer distance education programs or certificates.(B) Renewal. Each public institution of higher education shall assess its distance education on an ongoing basis in accordance with the Principles of Good Practice for Distance Education. Institutions must report results of that assessment in an updated IPDE to Board Staff by the earlier of the following deadlines:(i) no later than one year after receiving final disposition of the institution's comprehensive renewal of accreditation report from their institutional accreditor as required by 34 CFR §602.19, or(ii) no later than ten years after the approval of their last IPDE to the Coordinating Board.(C) An institution may submit a request to the Commissioner for an extension of this due date of no more than two years. The Commissioner may approve this request only if the institution demonstrates good cause, e.g., the institutional accreditor has postponed the institution's renewal of accreditation cycle beyond the ten-year period.(2) Initial Board Staff Review. Board Staff must review IPDEs for completeness and may request additional information from the institution upon determining the submitted IPDE is incomplete. Upon receipt of a completed IPDE, Board Staff must review the submission and make the following determination:(A) Institutions Accredited by the Southern Association of Colleges and Schools Commission on Colleges ("SACSCOC"). Board Staff must determine whether the institution's IPDE has met SACSCOC policy and procedure standards related to the delivery of distance education during the prior renewal of accreditation cycle. Board Staff must forward the IPDE for Learning Technology Advisory Committee ("LTAC") review of the IPDE's adherence to the Principles of Good Practice for Distance Education under subsection (d)(3) of this section.(B) Institutions Accredited by an Institutional Accreditor Other Than SACSCOC. Board Staff must forward the IPDE for LTAC review of the IPDE's adherence to the Principles of Good Standards for Distance Education under subsection (d)(3) of this section.(C) Resubmitted IPDEs. If the IPDE is a resubmission that was previously denied by the Commissioner under subsection (d)(4)(B) of this section or by the Board under subsection (d)(4)(B)(ii)(II) of this section Board Staff must forward the resubmitted IPDE to LTAC review of the IPDE's adherence to the Principles of Good Standards for Distance Education under subsection (d)(3) of this section.(3) Learning Technology Advisory Committee Review. LTAC must review and issue a recommendation as to the adherence of an IPDE to the Principles of Good Practice for Distance Education for the Board. LTAC may conduct this review using the following process:(A) LTAC may assign each IPDE to a subcommittee chaired by LTAC members and comprised of other LTAC members and/or distance education experts who volunteer to serve in this capacity.(B) The LTAC subcommittee assigned to review updated Institutional Plans shall review those Plans for alignment with the Principles of Good Practice. The LTAC subcommittee may ask questions and consult with the submitting institution to make this determination.(i) If the LTAC subcommittee reviews and finds an IPDE in alignment with the PGP, the subcommittee shall issue a recommendation to LTAC that the institution be approved to offer distance education.(ii) If the LTAC subcommittee finds an Institutional Plan is not aligned with the PGP, the subcommittee will identify areas of misalignment, provide feedback for improvement, make suggestions for the content of a remediation letter, and submit these recommendations to LTAC.(C) LTAC may review and approve the recommendations of the LTAC subcommittee and submit these recommendations to Board Staff. Board Staff will submit these recommendations to the Commissioner for Commissioner Review under subsection (d)(4) of this section.(4) Commissioner Review and Approval. The Commissioner has discretion to approve or deny an IPDE.(A) Approval. If the Commissioner approves the IPDE, the institution's IPDE will be filed in good standing with the Coordinating Board. The Commissioner will send a notification to the institution of this decision.(B) Denial. If the Commissioner denies the IPDE, the Commissioner will send an institution a remediation letter containing a notification of this decision. The remediation letter may contain the recommendations for improvement compiled by the LTAC subcommittee under subsection (d)(3)(B)(ii) of this section. The institution may then take one of two actions:(i) Resubmission. The institution must resubmit the revised IPDE to Board Staff under subsection (d)(2) of this section no earlier than one year after the date of the letter containing Commissioner's notification of denial. The institution will remain on provisional status until final approval of the IPDE.(ii) Appeal. The institution may appeal the Commissioner's decision to the Board. The Commissioner may issue a recommendation for approval or denial to the Board. The Board has final authority to appeal or deny the institution's IPDE.(I) Approval. If the Board approves the IPDE, the institution's IPDE will be filed in good standing with the Coordinating Board.(II) Denial and Resubmission. If the Board denies the institution's IPDE, the institution must resubmit the revised IPDE to Board Staff under subsection (d)(2) of this section no earlier than one year after the Board's decision. The institution will remain on provisional status until final approval of the IPDE.</content><note type="source"><p>Source Note: The provisions of this §2.205 adopted to be effective May 18, 2023, 48 TexReg 2493.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.206"><num value="2.206">§2.206</num><heading>Distance Education Degree or Certificate Program Notification</heading><content>The following provisions apply to all programs covered under this subchapter, unless otherwise specified:(1) Board Staff must maintain an accurate inventory of Distance Education Degree or Certificate Programs in the Distance Education Program Inventory.(2) To offer an existing certificate or degree through the Distance Education modality, an institution must notify Board Staff of intent to offer an approved degree or certificate program through the Distance Education modality. To submit this notification, the institution must certify that it has an Institutional Plan for Distance Education in good standing and compliance with §2.204(b) of this subchapter. Board Staff will update the institution's Distance Education Program Inventory.(3) To offer a new certificate or degree, an institution should follow the program approval request rules laid out in the appropriate subchapter of this chapter and indicate its intent to deliver the new program through Distance Education on the program request form. To offer a new certificate or degree through Distance Education, the institution must certify that it has an Institutional Plan for Distance Education in good standing and compliance with §2.204(b) of this subchapter. Board Staff will update the institution's Distance Education Program Inventory upon the program's final approval.(4) If an institution intends to cease offering an approved program via Distance Education modality, the institution must notify Board Staff. If an institution intends to phase out an approved degree or certificate program completely, the institution must follow the process in Chapter 2, Subchapter H of this title (relating to Phasing Out Degree and Certificate Programs). Board Staff will update the institutions Distance Education Program Inventory.</content><note type="source"><p>Source Note: The provisions of this §2.206 adopted to be effective May 18, 2023, 48 TexReg 2493.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scJ/s2.207"><num value="2.207">§2.207</num><heading>Effective Date of Rules</heading><content>The effective date of this subchapter is December 1, 2023. Each institution must submit an Institutional Plan for Distance Education ("IPDE") in accordance with this subchapter on or after that date by the due dates set out in §2.205(d)(1) of this subchapter (relating to Institutional Plan for Distance Education). IPDEs currently on file as of December 1, 2023, will remain filed in good standing until the due date under §2.205(d)(1)(B)(i) of this subchapter. Learning Technology Advisory Committee shall cease conducting reviews and make recommendations regarding distance education doctoral program proposals under §1.190(3) of this title (relating to Learning Technology Advisory Committee) upon final adoption of this subchapter. An institution is not required to submit a request for review under §1.190(3) of this title upon final adoption of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §2.207 adopted to be effective May 18, 2023, 48 TexReg 2493; amended to be effective May 15, 2025, 50 TexReg 2784.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scK"><num value="K">SUBCHAPTER K</num><heading>APPROVAL PROCESS FOR AN APPLIED ASSOCIATE DEGREE</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.230"><num value="2.230">§2.230</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for an institution to request approval for an applied associate degree program from the Board.</content><note type="source"><p>Source Note: The provisions of this §2.230 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.231"><num value="2.231">§2.231</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code, §§61.051 and 61.0512, which provide that no new degree or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Texas Education Code, §130.001, grants the Board the responsibility to adopt policies and establish general rules necessary to carry out statutory duties with respect to public junior colleges. Texas Education Code, §61.05151, requires that the number of semester credit hours required for the applied associate degree not exceed the minimum number required by the institution's accreditor, in the absence of a compelling academic reason provided by the institution.</content><note type="source"><p>Source Note: The provisions of this §2.231 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.232"><num value="2.232">§2.232</num><heading>Submission of Planning Notification</heading><content>An institution of higher education seeking approval to offer a new degree program under this subchapter must submit a Planning Notification to Board Staff in accordance with subchapter C of this chapter (relating to Preliminary Planning Process for New Degree Programs) prior to submitting an administratively complete request for a new applied associate degree proposal.</content><note type="source"><p>Source Note: The provisions of this §2.232 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.233"><num value="2.233">§2.233</num><heading>Applied Associate Degree Length and Program Content</heading><content>(a) An applied associate degree may be called an associate of applied arts (AAA) or associate of applied science (AAS).(b) The AAS program may serve as a foundation for the Bachelor of Applied Science (BAS), Bachelor of Applied Arts and Sciences (BAAS) and the Bachelor of Applied Technology (BAT) degree.(c) Each applied associate degree program shall provide the necessary workforce skills, knowledge, and abilities necessary to attain entry-level employment in an occupation.(1) The curriculum shall include a minimum of 15 semester credit hours of general education courses.(2) The remaining curriculum may include both Workforce Education Manual (WECM) and Lower-Division Academic Course Guide Manual (ACGM) courses directly related to the discipline.(3) Business and industry experts shall provide substantial input into curriculum design through participation in an advisory committee.(4) The institution shall ensure basic and career technical/workforce skills are integrated into the curriculum.(5) The institution has an enrollment management plan for the program.(6) The institution shall review and consider for inclusion in the program skill standards recognized by the Texas Skill Standards Board, if they exist for the discipline.</content><note type="source"><p>Source Note: The provisions of this §2.233 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.234"><num value="2.234">§2.234</num><heading>Approval Required for an Applied Associate Degree</heading><content>A public junior college, technical college, state college, or any general academic institution authorized by statute to offer the program may request approval for a new applied associate degree.(1) A proposed applied associate degree is subject to Assistant Commissioner approval under §2.4(2) of this chapter (relating to Types of Approval Required), and in accordance with applicable provisions under subchapter A of this subchapter (relating to General Provisions), except as specifically provided by this rule.(2) An institution in the Texas State Technical College system may offer the associate of applied science degree in accordance with the provisions of Texas Education Code, §135.04.</content><note type="source"><p>Source Note: The provisions of this §2.234 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.235"><num value="2.235">§2.235</num><heading>Presentation of Requests and Steps for Implementation for a New Applied Associate Degree</heading><content>(a) A requesting institution may only submit a Planning Notification in accordance with subchapter C of this chapter (relating to Preliminary Planning Process for New Degree Programs) using the forms available on the Coordinating Board's website.(b) The institution shall demonstrate that the proposed program obtained institution and governing board approval prior to submission.(c) A requesting institution may only submit an application to offer a new applied associate degree using the forms available on the Coordinating Board's website.(d) Not later than the sixtieth (60) day after an institution submits an administratively complete application for approval, Board Staff shall provide informal notice and opportunity for comment to other institutions of higher education in the region in accordance with §2.7 of this chapter (relating to Informal Notice and Comment on Proposed Local Programs).(e) Board Staff will make the determination of administrative completeness in accordance with §2.6 of this chapter (relating to Administrative Completeness).(f) The Assistant Commissioner, Commissioner, or Board, as applicable, shall approve or deny the proposed program within the timelines specified in §2.4 of this chapter (relating to Types of Approval Required), after receipt of the complete program proposal. If the Assistant Commissioner, Commissioner, or Board does not act to approve or deny the proposal within one year of administrative completeness, the program is considered approved.(g) Upon approval, Board Staff will add the new degree program to the institution's official Program Inventory. The Program Inventory contains the list of degrees and certificates with Board approval.</content><note type="source"><p>Source Note: The provisions of this §2.235 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.236"><num value="2.236">§2.236</num><heading>Approval Required for a Proposed Revision to an Applied Associate Degree Program</heading><content>An institution may request a revision or modification to an approved applied associate degree program.(1) If the proposed applied associate degree program revision contains not greater than 50 percent new content, the proposal will be subject to approval by notification in accordance with §2.4(1) of this chapter (relating to Types of Approval Required).(2) If the proposed applied associate degree program revision is a change to the CIP code that will result in the funding reclassification of the program to a high-demand field, the proposal will be subject to Assistant, Associate, or Deputy Commissioner, as applicable for review and approval.(3) If the proposed applied associate degree program revision includes any of the following, the proposal is subject to approval by notification in accordance with §2.4(1) of this chapter:(A) A change to the name of an applied associate degree;(B) A change to the CIP code of an applied associate degree program that will not result in the funding reclassification of the degree;(C) The addition of a new Level 1 or Level 2 Certificate to an approved applied associate degree program. If a new Level 1 or Level 2 Certificate is added to an approved applied associate degree program, the new certificate content shall consist of courses included in the approved applied associate program;(D) The phase-out and closure of a credential and the suspension of new student enrollment under §2.171 of this chapter (relating to Program Phase-Out Notification);(E) The discontinuation of a credential to close the program and remove it from the institution's program inventory;(F) Special Topics or Local Need courses are added to or removed from the curriculum;(G) The number of SCH in the credential is changed or, for a CE program, the length is changed by 100 or more contact hours; or(H) The length of the credential is changed by one semester or more.</content><note type="source"><p>Source Note: The provisions of this §2.236 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.237"><num value="2.237">§2.237</num><heading>Criteria for An Applied Associate Degree</heading><content>(a) A proposed applied associate degree program shall meet the criteria set out in this subchapter, in addition to the general criteria in §2.5 of this chapter (relating to General Criteria for Program Approval).(b) Board staff shall ensure that the institution certifies and provides required evidence that a proposed applied associate degree meets the criteria in §2.5 of this chapter.(c) The institution shall certify that the proposed program complies with all applicable provisions contained in this subchapter and subchapter A of this chapter (relating to General Provisions).</content><note type="source"><p>Source Note: The provisions of this §2.237 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.238"><num value="2.238">§2.238</num><heading>Approval and Semester Credit Hours</heading><content>An applied associate degree is limited to 60 SCH unless the institution determines that there is a compelling academic reason for requiring completion of additional semester credit hours for the degree (Texas Education Code, §61.05151). If the minimum number of semester credit hours required to complete a proposed applied associate program exceeds 60, the institution shall provide detailed documentation describing the compelling academic reason for the number of required hours, such as programmatic accreditation requirements, statutory requirements, or licensure/certification requirements that cannot be met without exceeding the 60-semester credit hour limit. Board Staff will review the documentation provided and make a determination to approve or deny a request to exceed the 60-semester credit hour limit.</content><note type="source"><p>Source Note: The provisions of this §2.238 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.239"><num value="2.239">§2.239</num><heading>Post-Approval Program Reviews</heading><content>Board staff conduct post-approval reviews in accordance with subchapter I of this chapter (relating to Review of Existing Degree Programs).</content><note type="source"><p>Source Note: The provisions of this §2.239 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.240"><num value="2.240">§2.240</num><heading>Deactivation and Phasing Out an Applied Associate Degree Program</heading><content>An institution may request to phase out an applied associate degree program under subchapter H of this chapter (relating to Phasing Out Degree and Certificate Programs).</content><note type="source"><p>Source Note: The provisions of this §2.240 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scK/s2.241"><num value="2.241">§2.241</num><heading>Effective Date of Rules</heading><content>This rule applies to each applied associate degree program submitted by an institution of higher education for approval on or after September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §2.241 adopted to be effective August 15, 2024, 49 TexReg 5959.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scL"><num value="L">SUBCHAPTER L</num><heading>APPROVAL PROCESS FOR A CAREER AND TECHNICAL EDUCATION CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.260"><num value="2.260">§2.260</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for an institution to request approval for a new or revised career and technical education certificate program from the Board.</content><note type="source"><p>Source Note: The provisions of this §2.260 adopted to be effective August 15, 2024, 49 TexReg 5960.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.261"><num value="2.261">§2.261</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code, §§61.003(12), 61.051, 61.0512, and 96.63, which provide that no new degree or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Texas Education Code, §§130.001 and 130.008, grant the Board the responsibility to adopt policies and establish general rules necessary to carry out statutory duties with respect to a public junior college certificate or degree program. The Board has the responsibility to adopt policies and establish general rules necessary to carry out statutory duties related to a certificate or degree program with respect to Texas State Technical College under Texas Education Code, §135.04, and the Josey School of Vocational Education under Texas Education Code, §96.63.</content><note type="source"><p>Source Note: The provisions of this §2.261 adopted to be effective August 15, 2024, 49 TexReg 5960.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.262"><num value="2.262">§2.262</num><heading>Certificate Titles, Length, and Program Content</heading><content>(a) Career and Technical Education Certificate--A post-secondary credential, other than a degree, which a student earns upon successful completion of a career and technical education workforce or continuing education program offered by an institution of higher education. Courses that comprise career and technical education certificates are listed in the Workforce Education Course Manual and the Academic Course Guide Manual and are subject to Board approval.(b) Certificates subject to this subchapter are defined as follows:(1) Advanced Technical Certificate (ATC)--has a specific associate or baccalaureate degree or junior level standing in an approved baccalaureate degree program as a prerequisite for admission. It consists of at least 16 semester credit hours and no more than 45 semester credit hours and must be focused, clearly related to the prerequisite degree, and justifiable to meet industry or external agency requirements.(2) Continuing Education Certificate--is awarded for completion of a program of instruction that meets or exceeds 360 contact hours and earns continuing education units. The certificate program is intended to prepare the student to qualify for employment; to qualify for employment advancement; or to bring the student's knowledge or skills up to date in a particular field or profession.(3) Enhanced Skills Certificate (ESC)--a certificate associated with an applied associate degree program intended to provide advanced skills identified by business and industry that are not part of the applied associate degree. The certificate must be clearly defined in course content and outcomes. It must consist of at least six (6) semester credit hours and no more than twelve (12) semester credit hours. An ESC may extend an applied associate degree to an overall total that must not exceed 72 semester credit hours. An ESC is awarded concurrently with a degree but may not be considered to be an intrinsic part of the degree or be used to circumvent the 60-semester credit hour associate degree limitation.(4) Institutional Credential Leading to Licensure or Certification (ICLC)--is awarded by an institution upon a student's completion of a course or series of courses that represent the achievement of identifiable skill proficiency leading to licensure or certification. This definition includes a credential that meets the definition of an Occupational Skills Award in all respects except that the program may provide training for an occupation that is not included in the Local Workforce Development Board's Target Occupations list.(5) Level 1 Certificate--is designed to provide the necessary academic skills and the workforce skills, knowledge, and abilities necessary to attain entry-level employment or progression toward a Level 2 Certificate or an applied associate degree, with at least 50 percent of course credits drawn from a single technical specialty. A Level 1 Certificate must be designed for a student to complete in one calendar year or less time and consists of at least 15 semester credit hours and no more than 42 semester credit hours.(6) Level 2 Certificate--consists of at least 30 semester credit hours and no more than 51 semester credit hours.(7) Occupational Skills Award (OSA)--a sequence of courses that meets the minimum standard for program length specified by the Texas Workforce Commission for the federal Workforce Innovation and Opportunity Act program (9-14 semester credit hours for credit courses or 144-359 contact hours for continuing education courses). An OSA must possess the following characteristics:(A) The content of the credential must be recommended by an external workforce advisory committee, or the program must provide training for an occupation that is included on the Local Workforce Development Board's Target Occupations list;(B) In most cases, the credential should be composed of Workforce Education Course Manual (WECM) courses only. However, lower-division courses from the Academic Course Guide Manual (ACGM) may be used if recommended by the external committee and if appropriate for the content of the credential;(C) The credential complies with the Single Course Delivery guidelines for WECM courses; and(D) The credential prepares students for employment in accordance with guidelines established for the Workforce Innovation and Opportunity Act.(8) Third-Party Credential--A certificate as defined in Texas Education Code, §61.003(12)(C). A Third-Party Credential meets the following requirements:(A) The third-party credential is listed in the American Council on Education's ACE National Guide with recommended semester credit hours;(B) The third-party credential program content is either embedded in a course, embedded in a program, or is a stand-alone program;(C) The third-party credential is conferred for successful completion of the third-party instructional program in which a student is enrolled;(D) The third-party credential is included on the workforce education, continuing education, or academic transcript from the college;(E) The third-party provider of the certificate develops the instructional program content, develops assessments to evaluate student mastery of the instructional content, and confers the third-party credential; and(F) The third-party credential meets the requirements in §13.556 of this part (relating to Performance Tier: Fundable Outcomes).</content><note type="source"><p>Source Note: The provisions of this §2.262 adopted to be effective August 15, 2024, 49 TexReg 5960.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.263"><num value="2.263">§2.263</num><heading>Criteria for Approval</heading><content>(a) Each certificate program shall meet the requirements of §2.5, except subsection (a)(3), of this chapter (relating to General Criteria for Program Approval); and(b) Each certificate program must provide the necessary technical and workforce skills necessary to attain entry-level or advanced employment in a related occupation, and shall meet the following requirements:(1) The certificate program may include both Workforce Education Course Manual (WECM) and Lower-Division Academic Course Guide Manual (ACGM) courses that are directly related to the discipline.(2) Business and industry experts shall provide substantial input into curriculum design through participation in an advisory committee.(3) The institution shall integrate basic and career technical/workforce skills into the curriculum.(4) The institution has reviewed and considered for inclusion in the curriculum of the program applicable skill standards recognized by the Texas Workforce Investment Council, if they exist for the discipline.(c) A Level 1 Certificate, composed of either workforce or continuing education courses, may only be approved if the program meets or exceeds 360 contact hours.(d) A course or program that meets or exceeds 780 contact hours in length shall result in the award of appropriate semester credit hours and be applicable to a career and technical education certificate or an applied associate degree program. An exception shall be made for Emergency Medical/Paramedic continuing education programs, which may reach 800 contact hours.(e) The institution shall certify that the proposed certificate program complies with all applicable provisions contained in divisions of this subchapter and subchapter A of this chapter (relating to General Provisions).(f) The Coordinating Board shall ensure that each institution certifies and provides required evidence that a proposed career and technical education certificate program meets the criteria in §2.5, except paragraph (3), of this chapter.(g) A proposed new certificate for which there is no graduate and wage data shall be determined to be a Credential of Value, as defined in §13.556(b) of this part (relating to Performance Tier: Fundable Outcomes), based on one or more of the following documentation criteria:(1) An attestation from one or more regional employers that the employer will hire graduates of the program and the starting wage at which the employer would pay the graduate;(2) Graduate employment and wage data for an essentially similar program from a different institution of higher education in Texas; or(3) Graduate employment and wage data for an essentially similar program from an institution of higher education in a state other than Texas.(h) A proposed certificate may not include the following:(1) An avocational course that is usually engaged in by a person in addition to the person's regular work or profession for recreation or in relation to a hobby. The term includes a community interest course;(2) A basic employability course that covers topics such as conducting a job search, developing a resume, completing an application for employment, and interviewing skills;(3) A non-college-level basic learning skills course that covers learning strategies such as note-taking and test preparation; or(4) A college-level learning framework course that is solely or primarily focused on skill acquisition related to the learning process and is not a career and technical education course.</content><note type="source"><p>Source Note: The provisions of this §2.263 adopted to be effective August 15, 2024, 49 TexReg 5960; amended to be effective August 14, 2025, 50 TexReg 5209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.264"><num value="2.264">§2.264</num><heading>Approval Required</heading><content>An application for approval of a new certificate program under this subchapter is subject to the following levels of approval:(1) If the proposed certificate program, other than a third-party credential, contains 50 percent or more new content, the proposal will be subject to Assistant Commissioner expedited review and approval under §2.4(2)(B)(ii) of this chapter (relating to Types of Approval Required). In this subchapter, Assistant Commissioner means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner.(2) If the proposed certificate program is included in the inventory of certificates that the Coordinating Board previously identified as Credentials of Value, the proposal will be subject to approval by notification under §2.4(1) of this chapter.(3) A Third-Party Credential, Occupational Skills Award, Advanced Technical Certificate, and Enhanced Skills Certificate will be subject to approval by notification under 2.4(1) of this chapter.</content><note type="source"><p>Source Note: The provisions of this §2.264 adopted to be effective August 15, 2024, 49 TexReg 5960.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.265"><num value="2.265">§2.265</num><heading>Presentation of Requests and Steps for Approval of Proposed New Career and Technical Education Certificates</heading><content>(a) An institution shall submit an application prior to offering a new Continuing Education Certificate, Level 1 Certificate, Level 2 Certificate, Advanced Technical Certificate, Enhanced Skills Certificate, Occupational Skills Award, Institutional Credential for Licensure or Certification, or Third-Party Credential using the forms available on the Coordinating Board's website.(b) The institution's application shall demonstrate that the governing board approved the proposed certificate program prior to submission.(c) Board Staff will make the determination of administrative completeness in accordance with §2.6 of this chapter (relating to Administrative Completeness).(d) The Assistant Commissioner shall approve or deny the proposed certificate program within 60 days, after receipt of the complete certificate program proposal. If the Assistant Commissioner does not act to approve or deny the proposal within one year of administrative completeness, the certificate program is considered approved.(e) Upon approval, Board Staff will add the new career and technical education certificate program to the institution's Program Inventory. The Program Inventory contains the institution's list of degrees and certificates approved by the Board.(f) If the Assistant Commissioner denies the proposed certificate program, the institution may appeal the decision to the Commissioner. The Commissioner may, within 60 days after appeal, at his or her sole discretion:(1) deny the proposed certificate program;(2) approve the proposed certificate program; or(3) allow the institution the opportunity to cure deficiencies in the proposed program.(g) A new certificate program must be implemented within 24 months of the approved implementation date stated in the Coordinating Board approval letter. After 24 months, the institution must submit an application for approval of a new certificate program.</content><note type="source"><p>Source Note: The provisions of this §2.265 adopted to be effective August 15, 2024, 49 TexReg 5960.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.266"><num value="2.266">§2.266</num><heading>Approval Required for a Proposed Revision to a Certificate Program</heading><content>An institution may request a revision or modification to an approved certificate program under §2.9(c) of this chapter (relating to Revisions and Modifications to an Approved Program).(1) If the proposed certificate program revision contains not greater than 49 percent new content, the proposal will be subject to approval by notification.(2) If the proposed certificate program revision is a change to the Classification of Instructional Program code that will result in the funding reclassification of the certificate program to a high-demand field, the proposal will be subject to Assistant Commissioner review and approval,(3) If the proposed certificate program revision includes any of the following, the proposal will be subject to approval by notification:(A) A change to the name of a certificate.(B) A change to the Classification of Instructional Program code of the certificate program that will not result in the funding reclassification of the certificate.(C) The revised certificate program is included in the inventory of certificates that the Coordinating Board previously identified as Credentials of Value.(D) The addition of a new credential to an approved program, including a Level 1 Certificate or Level 2 Certificate to an Applied Associate Degree or an Occupational Skills Award to a Level 1 Certificate or Level 2 Certificate. If a new credential is added to an approved program, the new credential content shall consist of courses included in the approved program.(E) The phase-out and closure of a credential, including the suspension of new student enrollment, under §2.171 of this chapter (relating to Program Phase-Out Notification).(F) The certificate revision includes any of the following:(i) Special Topics or Local Need courses are added to or removed from the curriculum;(ii) The number of semester credit hours in the credential is changed or, for a Continuing Education Certificate, the length is changed by 100 or more contact hours;(iii) The length of the credential is changed by one semester or more;(iv) The certificate level is changed from Level 1 to Level 2; or(v) The certificate is changed from a Level 2 to a Level 1.</content><note type="source"><p>Source Note: The provisions of this §2.266 adopted to be effective August 15, 2024, 49 TexReg 5960.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.267"><num value="2.267">§2.267</num><heading>Phase-Out and Closure of a Certificate Program</heading><content>An institution may request to phase-out and close a certificate program under §2.171 of this chapter (relating to Program Phase-Out Notification).</content><note type="source"><p>Source Note: The provisions of this §2.267 adopted to be effective August 15, 2024, 49 TexReg 5960.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.268"><num value="2.268">§2.268</num><heading>Special Requirements for Commercial Driver's License Training Programs</heading><content>(a) Each public junior college offering a commercial driver's license training program must include training on the recognition and prevention of human trafficking as a part of the educational program.(b) Each public junior college must include the recognition and prevention of human trafficking content established by the office of the attorney general.</content><note type="source"><p>Source Note: The provisions of this §2.268 adopted to be effective August 14, 2025, 50 TexReg 5209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scL/s2.269"><num value="2.269">§2.269</num><heading>Effective Date of Rules</heading><content>(a) Any certificate subject to approval under this subchapter offered for the first time on or after September 1, 2024, is subject to this rule.(b) Section 2.266, Approval Required for a Proposed Revision to a Certificate Program, is effective on September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §2.269 adopted to be effective August 14, 2025, 50 TexReg 5209.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scM"><num value="M">SUBCHAPTER M</num><heading>APPROVAL PROCESS FOR LOCAL NEEDS COURSES</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.290"><num value="2.290">§2.290</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for approval of a proposed local need course submitted by a public junior, technical, or state college for inclusion in the Workforce Education Course Manual.</content><note type="source"><p>Source Note: The provisions of this §2.290 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.291"><num value="2.291">§2.291</num><heading>Authority</heading><content>The authority for this subchapter is provided in the Texas Education Code, §130.001(b)(3), to support Texas Education Code, §61.0512, which gives the Board authority to approve new degree or certificate programs. The Board maintains a list of approved programs in a Program Inventory for each public junior, technical and state college, and the list of approved courses in the Workforce Education Course Manual for use by public junior, technical, and state colleges during program development. Establishing an approval procedure for courses ensures the accuracy of the inventories, which is necessary for the Board to carry out its duties under Texas Education Code, §61.0512.</content><note type="source"><p>Source Note: The provisions of this §2.291 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.292"><num value="2.292">§2.292</num><heading>Applicability</heading><content>This subchapter applies to all public two-year institutions seeking approval of a proposed local need course.</content><note type="source"><p>Source Note: The provisions of this §2.292 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.293"><num value="2.293">§2.293</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. The definitions in §2.2 of this chapter (relating to Definitions), apply for this subchapter unless a more specific definition for the same term is indicated in this rule.(1) Assistant Commissioner--In this subchapter means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner.(2) Career and Technical Education Course--A college-level workforce or continuing education course offered by an institution of higher education which earns either semester credit hours or continuing education units toward satisfaction of a requirement necessary to obtain an industry-recognized credential, certificate, or applied associate degree. Career and technical education courses are listed in the Workforce Education Course Manual.(3) Institution--A public two-year institution of higher education, including a public junior, technical, or state college.(4) Local Need Course--A course that is not contained in the Workforce Education Course Manual database and for which approval is requested by a specific institution. A Local Need Course, upon approval, is added to the institution's course inventory in the Workforce Education Course Manual database for use in a career and technical education program. A Special Topics Course is excluded from this definition.(5) Special Topics Course--A course that is for temporary use or transitional content. A Special Topics Course should be used only when course content and end of course outcomes do not exist in a career and technical education course contained in the Workforce Education Course Manual database. A Special Topics Course may address recently identified current events, knowledge, and skills pertinent to the technical area and relevant to the occupational development of the student.(6) Workforce Education Course Manual (WECM)--An online database composed of the Board's statewide inventory of approved career and technical education courses and local need courses available for institutions to use in industry-recognized credentials, certificates, and applied associate degree programs.</content><note type="source"><p>Source Note: The provisions of this §2.293 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.294"><num value="2.294">§2.294</num><heading>Local Need Course Approval Requirements</heading><content>(a) The Board requires an institution to obtain approval of a proposed local need course for inclusion in the Workforce Education Course Manual database and the institution's course inventory. An institution shall designate a proposed local need course as offering semester credit hours or continuing education units.(b) Course Approval Process.(1) Course Approval. A proposed local need course may be approved by the Assistant Commissioner if the course is administratively complete as described in §2.295 of this subchapter (relating to Administrative Completeness) and meets all the requirements established by §2.296 of this subchapter (relating to Criteria for Proposed Course Approval).(2) If the Assistant Commissioner recommends denial of a proposed local need course or does not take action to approve the proposed course within sixty (60) days of Board Staff's determination that the course proposal is administratively complete, then the proposed local need course approval will be subject to the process for Commissioner approval. The Commissioner's decision is final and may not be appealed.(3) Upon approval, a local need course will be listed in local need course section of the WECM database and available to the institution for use in a career and technical education certificate or applied associate degree.</content><note type="source"><p>Source Note: The provisions of this §2.294 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.295"><num value="2.295">§2.295</num><heading>Administrative Completeness</heading><content>(a) An institution must submit a fully completed application for each proposed course for which approval is required that includes:(1) each required element in §2.296 of this subchapter (relating to Criteria for Proposed Course Approval); and(2) the required Coordinating Board form for the proposed course approval.(b) Board Staff shall determine whether an application is administratively complete and notify the institution not later than the thirtieth business day after receipt.(c) If Coordinating Board Staff determines that the application is incomplete or additional information or documentation is needed, the institution must respond with all the requested information or documentation within thirty (30) business days, or the request will be deemed incomplete and returned to the institution.(d) An institution may resubmit an application that was returned as incomplete as soon as it has obtained the requested information or documentation. This submission will be considered a new application.</content><note type="source"><p>Source Note: The provisions of this §2.295 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.296"><num value="2.296">§2.296</num><heading>Criteria for Proposed Course Approval</heading><content>In addition to any administrative completeness criteria specified in statute or this chapter for approval of a proposed course, the Assistant Commissioner shall ensure the application satisfies the following factors:(1) There is no career and technical education course in the WECM database that database that has equivalent end of course outcomes to the proposed course.(2) The proposed course is designated as either semester credit hours or continuing education units and assigned actual contact hours.(3) The submission for consideration of the proposed course is complete and includes:(A) The course title that is related to the course content;(B) A six-digit CIP code;,(C) A course description;(D) The type of instruction;(E) Suggested prerequisite, if applicable;(F) A justification of the need for the course;(G) End of course outcomes;(H) Contact information for the individual authorized to request approval of the proposed course; and(I) Contact information for the individual who is authorized to respond to questions regarding the submission.</content><note type="source"><p>Source Note: The provisions of this §2.296 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scM/s2.297"><num value="2.297">§2.297</num><heading>Effective Date of Rules</heading><content>This subchapter applies to a local need course for which an institution seeks approval on or after September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §2.297 adopted to be effective August 15, 2024, 49 TexReg 5961.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scN"><num value="N">SUBCHAPTER N</num><heading>CAREER AND TECHNICAL EDUCATION COURSE MAINTENANCE AND APPROVAL</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.320"><num value="2.320">§2.320</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the process for maintenance and approval of a career and technical education course in the Workforce Education Course Manual database.</content><note type="source"><p>Source Note: The provisions of this §2.320 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.321"><num value="2.321">§2.321</num><heading>Authority</heading><content>The authority for this subchapter is provided in the Texas Education Code, §130.001(3) to support Texas Education Code, §61.0512, which gives the Board authority to approve new degree or certificate programs. The Board maintains a list of approved programs in a Program Inventory for each public junior, technical and state college, and the list of approved courses in the Workforce Education Course Manual database for use by public junior, technical, and state colleges during program development. Establishing a course maintenance and approval procedure ensures the currency of course content and the accuracy of the list of courses in the Workforce Education Course Manual (WECM) database, which is necessary for the Board to carry out its duties under Texas Education Code, §61.0512. WECM is part of financial reporting necessary to carry out Texas Education Code, Chapter 130A. Maintenance of WECM is necessary to carry out Texas Education Code, §51.4034.</content><note type="source"><p>Source Note: The provisions of this §2.321 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.322"><num value="2.322">§2.322</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. The definitions in §2.3 of this chapter (relating to Definitions), apply for this subchapter unless a more specific definition for the same term is indicated in this rule.(1) Assistant Commissioner--In this subchapter means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner.(2) Career and Technical Education Course--A college-level workforce or continuing education course offered by an institution of higher education which earns either semester credit hours or continuing education units toward satisfaction of a requirement necessary to obtain an industry-recognized credential, certificate, or applied associate degree. Career and technical education courses are listed in the Workforce Education Course Manual (WECM).(3) End of Course Outcomes--The specific and measurable statements that define the knowledge and skills learners will demonstrate by the completion of a course.(4) Institution--In this subchapter means any public junior college, public community college, public technical institute, or public state college.(5) Local Need Course--A course that is not contained in the Workforce Education Course Manual database and for which approval is requested by a specific institution. A Local Need Course, upon approval, is added to the institution's course inventory in the Workforce Education Course Manual database for use in a career and technical education program.(6) Rubric--An identifier assigned to a career and technical education course for classifying, recording, and reporting workforce education courses. A rubric is not intended to drive the selection of course offerings but to serve as a guide once an institution has identified the course description and end of course outcomes.(7) Special Topics Course--A course that is for temporary use or transitional content. A Special Topics course should be used only when course content and end of course outcomes do not exist in a career and technical education course contained in the Workforce Education Course Manual database. A Special Topics Course may address recently identified current events, knowledge, and skills pertinent to the technical area and relevant to the occupational development of the student.(8) Subject Matter Expert--A public junior, technical or state college representative who is an expert in the knowledge, skills, and abilities of a specific career and technical education course.(9) Workforce Education Course Manual (WECM) Advisory Committee--The WECM Advisory Committee provides the Coordinating Board with advice regarding the content, structure, and currency of courses in the WECM database, as established in chapter 1, subchapter T, of this title (relating to Workforce Education Course Manual Advisory Committee). The committee is responsible for field engagement in the maintenance and use of the WECM database and courses contained within the database.(10) Workforce Education Course Manual (WECM) Database--An online database composed of the Coordinating Board's statewide inventory of approved career and technical education courses available for Institutions to use in industry-recognized credentials, certificates, and applied associate degree programs.</content><note type="source"><p>Source Note: The provisions of this §2.322 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.323"><num value="2.323">§2.323</num><heading>Career and Technical Education Course Maintenance Process</heading><content>The Career and Technical Education Course Maintenance Process includes the following:(1) Career and Technical Education Course Maintenance Addition--The development andaddition of a new career and technical education course to the WECM database. The content of the new course may be drawn from industry-defined skill and knowledge requirements or a local need course that is used by four or more institutions. The development of a course is performed by a team of subject matter experts.(2) Career and Technical Education Course Maintenance Archival--The archiving of a career and technical education course to remove an unused, obsolete, or duplicate course from the WECM database. The review of a course to be archived is performed by a team of subject matter experts.(3) Career and Technical Education Course Maintenance Review--The review of a course contained in the WECM database. The review of a course is performed by a team of subject matter experts.(4) Career and Technical Education Course Maintenance Revision--The revision to a career and technical education course contained in the WECM database to ensure that content and outcomes align with current need and/or regulations. The revision of a course is performed by a team of subject matter experts.(5) Career and Technical Education Course Maintenance Workshop--A workshop to determine the relevance and currency of a career and technical education course contained in the WECM database. The workshop shall be conducted by a team of subject matter experts. The WECM Advisory Committee shall determine the schedule and the Classification of Instructional Program code for each course to be reviewed. A course maintenance workshop may result in:(A) The revision of a career and technical education course;(B) The addition of a career and technical education course; or(C) The archiving of a career and technical education course.</content><note type="source"><p>Source Note: The provisions of this §2.323 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.324"><num value="2.324">§2.324</num><heading>Career and Technical Education Course Maintenance Review</heading><content>(a) A team of subject matter experts must review a Career and Technical Education course every four years to ensure the currency of the course content. A team of subject matter experts may review a Career and Technical Education course more frequently as indicated by career and technical education course maintenances triggers.(b) The WECM Advisory Committee shall consider several factors in determining the need to conduct a course maintenance review workshop, including:(1) Emerging and/or changing technologies;(2) Change in business/industry standards;(3) State or national credentialing requirements;(4) Employer-defined skill requirements;(5) Comments from one or more institutions;(6) Need identified by a statewide curriculum project;(7) Coordinating Board request for a course maintenance review; or(8) The timeline of a course's maintenance review cycle, as specified by a schedule developed by the WECM Advisory Committee.(c) The WECM Advisory Committee will determine a schedule for career and technical education course maintenance review workshop in a designated Classification of Instructional Program code.(d) A team of subject matter experts shall perform the review.(e) The review shall determine:(1) If a course will continue to be offered in the WECM database in its current form;(2) If a course requires revision;(3) If a course requires archiving;(4) If a new course is necessary to address knowledge, skills, and abilities to meet the needs of business and industry;(5) If two or more local need courses with similar end of course outcomes should be consolidated into one career and technical education course to address the needs of multiple institutions; or(6) If two or more special topics courses with similar end of course outcomes should be consolidated into one career and technical education course to address the needs of multiple institutions.</content><note type="source"><p>Source Note: The provisions of this §2.324 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.325"><num value="2.325">§2.325</num><heading>Career and Technical Education Course Maintenance Revision</heading><content>(a) Subject matter experts at a career and technical education course maintenance workshop may recommend revising a course in the WECM database.(b) Revised course elements may include:(1) End of course outcomes;(2) Course description;(3) Course title;(4) Contact hour range;(5) Semester credit hours or continuing education units;(6) Classification of Instructional Program code; and(7) Rubric.(c) The team of subject matter experts may vote to recommend the elements to be revised and the final revisions to the WECM Advisory Committee.(d) The team of subject matter experts shall present the revised course to the WECM Advisory Committee.(e) The WECM Advisory Committee shall review the revised course and, following any action required based on the review, the Chair of the WECM Advisory Committee shall transmit the course on the requisite form to the Coordinating Board with a request for approval.(f) An Assistant Commissioner must review and approve each career and technical education course submitted for inclusion in the WECM database as specified in §2.328 of this subchapter (relating to Career and Technical Education Course Approval).(g) If approved, institutions may use the revised course when posted by the Coordinating Board in the WECM database.</content><note type="source"><p>Source Note: The provisions of this §2.325 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.326"><num value="2.326">§2.326</num><heading>Career and Technical Education Course Maintenance Addition</heading><content>(a) Subject matter experts at a career and technical education course maintenance workshop may recommend adding a course to the WECM database.(b) A new course shall include the following elements:(1) End of course outcomes;(2) Course description;(3) Course title;(4) Contact hour range;(5) Semester credit hours or continuing education units;(6) Classification of Instructional Program code; and(7) Rubric.(c) The team of subject matter experts may vote to recommend the elements of the new course to the WECM Advisory Committee.(d) The team of subject matter experts shall present the new course to the WECM Advisory Committee.(e) The WECM Advisory Committee shall review the new course and, following any action required based on the review, the Chair of the WECM Advisory Committee shall transmit the course on the requisite form to the Coordinating Board with a request for approval.(f) An Assistant Commissioner must review and approve each career and technical education course submitted for inclusion in the WECM database as specified in §2.328 of this subchapter (relating to Career and Technical Education Course Approval).(g) If approved, institutions may use the new course when posted by the Coordinating Board in the WECM database.</content><note type="source"><p>Source Note: The provisions of this §2.326 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.327"><num value="2.327">§2.327</num><heading>Career and Technical Education Course Maintenance Archival</heading><content>(a) Subject matter experts at a career and technical education course maintenance workshop may recommend archiving a course in the WECM database.(b) A course may be archived if:(1) The end of course outcomes duplicate those of another course;(2) The course has not been used for five years, as determined by the Coordinating Board's Data Frequency Report; or(3) The course is composed of content that no longer meets the needs of industry.(c) An archived course will remain active for a minimum of one year, beginning September 1 and ending August 31 of the following year.(d) An institution shall not use an archived course in a career and technical education program after August 31 in the year after archival.(e) A team of subject matter experts will identify courses that have not been used for five years or that are no longer relevant to the needs of industry for archiving each January. These courses are archived effective the following August 31st.</content><note type="source"><p>Source Note: The provisions of this §2.327 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.328"><num value="2.328">§2.328</num><heading>Career and Technical Education Course Approval</heading><content>(a) An Assistant Commissioner must approve each career and technical education course for inclusion in the Workforce Education Course Manual (WECM) database.(b) An Assistant Commissioner may approve a proposed career and technical education course if the course meets all the requirements established by §2.329 of this subchapter (relating to Criteria for Proposed Course Approval). If the Assistant Commissioner recommends denial of a proposed career and technical education course or does not take action to approve the proposed course within 60 days of Board Staff's determination that the proposed course approval request is administratively complete, then the proposed career and technical education course approval will be subject to the process for Commissioner Approval. The Commissioner's decision is final and may not be appealed.(c) Upon approval, a career and technical education course will be listed in the WECM database.(d) All courses in the WECM may be taught by any institution without prior approval by the Board. Courses in the WECM are valid for institutions to use in career and technical education programs.(e) Approved career and technical education courses remain in the WECM database until they are archived.</content><note type="source"><p>Source Note: The provisions of this §2.328 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.329"><num value="2.329">§2.329</num><heading>Criteria for Proposed Course Approval</heading><content>In addition to any administrative completeness criteria specified in statute or this chapter for approval of a proposed course, the Assistant Commissioner shall consider the following factors:(1) There is no career and technical education course in the WECM database that has equivalent end of course outcomes to the proposed course.(2) The proposed course is designated as either semester credit hours or continuing education units and assigned contact hours.(3) The submission for consideration of the proposed course is complete and includes:(A) A course title;(B) A six-digit Classification of Instructional Program code;(C) A course description;(D) The type of instruction;(E) Suggested prerequisite, if applicable;(F) A justification of the need for the course; and(G) End of course outcomes.</content><note type="source"><p>Source Note: The provisions of this §2.329 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scN/s2.330"><num value="2.330">§2.330</num><heading>Effective Date of Rules</heading><content>This subchapter applies to a career and technical education course that is subject to course maintenance and approval on or after September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §2.330 adopted to be effective August 15, 2024, 49 TexReg 5962.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scO"><num value="O">SUBCHAPTER O</num><heading>APPROVAL PROCESS AND REQUIRED REPORTING FOR SELF-SUPPORTING DEGREE PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.350"><num value="2.350">§2.350</num><heading>Purpose</heading><content>This subchapter establishes rules for all public institutions of higher education in Texas regarding the delivery of self-supporting courses and programs, including those delivered through off-campus or distance education instruction. This subchapter does not apply to courses not delivered for academic credit.</content><note type="source"><p>Source Note: The provisions of this §2.350 adopted to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.351"><num value="2.351">§2.351</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code, §61.0512(c), which charges the Coordinating Board with ensuring that proposed academic programs have adequate financing from legislative appropriations or other sources of funding. Texas Education Code, §61.059(a), also charges the Board to implement funding policies that allocate resources efficiently and provide incentives for programs of superior quality and provide incentives for supporting the master plan developed under Texas Education Code, §61.051.</content><note type="source"><p>Source Note: The provisions of this §2.351 adopted to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.352"><num value="2.352">§2.352</num><heading>Definitions</heading><content>(a) Degree Program Funding Model--The mechanism by which an institution acquires funding to support a new or existing academic degree program. Typically, degree programs are funded through student fees only (self-supported) or a combination of student fees and state funding (formula funded).(b) Formula Funded Degree Program--A degree program or track within a degree program for which the institution reports students for formula-funding.(c) Formula Funding--The method used to allocate appropriated sources of funds among institutions of higher education as required by Education Code, §61.059, chapter 130 or 130A. A formula-funded course is a for credit course for which an institution is authorized to submit semester credit hours or the equivalent for formula funding.(d) Self-Supporting Courses and Programs--For credit courses, certificates, and degree programs whose semester credit hours are not submitted for formula funding, and which are funded through the assessment of student fees by the institution.(e) Self-Supporting Degree Program--A degree program or track within a degree program for which the institution does not receive formula funding and which are funded through the assessment of student fees by the institution.</content><note type="source"><p>Source Note: The provisions of this §2.352 adopted to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.353"><num value="2.353">§2.353</num><heading>Standards and Criteria for Delivery of Self-Supporting Courses and Programs</heading><content>An institution of higher education enrolling students in a self-supporting course or program shall:(1) Comply with the standards and criteria of one of the THECB-recognized regional accrediting organizations as defined in §4.192 of this chapter (relating to Recognized Accrediting Organizations);(2) Ensure each instructional site for a self-supporting program be of sufficient quality for the programs and courses offered;(3) Provide each student with equivalent academic support services as a student enrolled in a formula-funded course or program;(4) Select and evaluate faculty by equivalent standards, review, and approval procedures used by the institution to select and evaluate faculty responsible for formula funded courses and programs; and(5) Charge tuition and fees for self-supporting courses, degree programs, and program tracks not less than required by Texas Education Code, chapter 54, Tuition and Fees.</content><note type="source"><p>Source Note: The provisions of this §2.353 adopted to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.354"><num value="2.354">§2.354</num><heading>Approval of New Self-Supporting Programs and Tracks</heading><content>(a) Requests for Self-Supporting Status for New Programs.(1) A Public Community or Technical College, Public University, or Health Related Institution may request Coordinating Board approval to offer a degree program or track under self-supporting status in its application materials for the proposed program. The determination of self-supporting status will be approved according to the same approval levels required for the proposed new program approval outlined in chapter 2 of this title (relating to Academic and Workforce Education) and any applicable criteria under this subchapter.(2) Board Staff will evaluate the request for self-supporting status according to:(A) Program Approval. A proposed new program, including one that is self-supported or has a proposed self-supporting track, is subject to approval according to the criteria listed in §2.5 of this subchapter (relating to General Criteria for Program Approval).(B) Self-Supporting Status. An institution that proposes to offer a degree program as self-supporting is subject to the additional criteria and approval under this subchapter.(b) Approval. If the request for self-supporting status is approved for the new degree program, Coordinating Board staff will add the program to the institutions' inventory of programs maintained and publicly available for each public institution.</content><note type="source"><p>Source Note: The provisions of this §2.354 adopted to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.355"><num value="2.355">§2.355</num><heading>Approval Process for Changes to Degree Program Funding Models</heading><content>(a) An institution may request a change in the degree program funding model of an approved program. A request to change the degree program funding model for an existing approved degree program must follow the approval procedures outlined in §2.9(a)-(b) of this subchapter (relating to Revisions and Modifications to an Approved Program), outlining the requirements to process and approve substantive revisions and modifications.(b) Changes to degree program funding models include, but are not limited to:(1) Changing the degree program funding model from self-supporting to formula funding, or vice versa.(2) The addition of a new or removal of an existing self-supporting or formula-funded degree program track.(c) An institution seeking a substantive revision to a degree program funding model shall demonstrate how the proposed revision aligns to the criteria in §2.5 of this subchapter (relating to General Criteria for Program Approval), and approval is subject to that section.(d) An institution shall seek approval using the forms developed by the Coordinating Board.(e) An institution shall certify the program has not otherwise been substantially revised since its initial approval but is not required to obtain additional approval for the program under the current rules.</content><note type="source"><p>Source Note: The provisions of this §2.355 adopted to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.356"><num value="2.356">§2.356</num><heading>Revisions and Phase Out of Approved Self-Supporting Programs</heading><content>(a) An institution seeking to modify an existing approved self-supporting degree program, except for a funding model change as outlined in §2.355 of this subchapter (relating to Approval Process for Changes to Degree Program Funding Models), must follow substantive and non-substantive degree program revisions as outlined in 19 TAC §2.9.(b) An institution seeking to phase out a degree program that is self-supporting must follow the policies outlined under subchapter H of this chapter (relating to Phasing Out Degree and Certificate Programs).</content><note type="source"><p>Source Note: The provisions of this §2.356 adopted to be effective November 14, 2024, 49 TexReg 8880.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.357"><num value="2.357">§2.357</num><heading>Reporting of Approved Self-Supporting Courses, Certificates and Degree Programs</heading><content>Each institution shall report the following to the Coordinating Board in the manner prescribed by the Board:(1) Enrollments, courses, number of semester credit hours, and graduates associated with each self-supporting course, certificate, degree program or degree program track offered by the institution; and(2) Fees charged to students for self-supporting courses in accordance with general institutional accounting practices.</content><note type="source"><p>Source Note: The provisions of this §2.357 adopted to be effective November 14, 2024, 49 TexReg 8880; amended to be effective November 13, 2025, 50 TexReg 7237.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scO/s2.358"><num value="2.358">§2.358</num><heading>Effective Dates</heading><content>(a) Sections 2.350 - 2.356 of this subchapter are effective May 15, 2025.(b) Section 2.357 of this subchapter is effective January 1, 2026.</content><note type="source"><p>Source Note: The provisions of this §2.358 adopted to be effective November 14, 2024, 49 TexReg 8880; amended to be effective November 13, 2025, 50 TexReg 7237.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scP"><num value="P">SUBCHAPTER P</num><heading>APPROVAL PROCESS AND CRITERIA FOR OFF-CAMPUS EDUCATION AT PUBLIC UNIVERSITIES AND HEALTH-RELATED INSTITUTIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.380"><num value="2.380">§2.380</num><heading>Purpose and Applicability</heading><content>This subchapter establishes rules for an institution of higher education, other than a community, technical, or state college, to obtain approval to offer a course, certificate program, or degree programs at an off-campus educational site.</content><note type="source"><p>Source Note: The provisions of this §2.380 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.381"><num value="2.381">§2.381</num><heading>Authority</heading><content>Texas Education Code, §61.002, charges the Board with "the elimination of costly duplication in program offerings, faculties, and physical plants." Texas Education Code, §61.0512(a), requires Board approval for a new certificate or degree program. Texas Education Code, §61.0512(g), states that institutions may offer off-campus credit courses only with prior approval from the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §2.381 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.382"><num value="2.382">§2.382</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Off-Campus Degree Program--A degree program in which fifty percent (50%) or more of required instruction or coursework is in-person at an off-campus educational site.(2) Off-Campus Educational Site--An additional location, which may include a branch campus or a center, approved by the institution's Board-recognized accreditor in accordance with 34 C.F.R. §600.32 that is away from the main campus where an institution delivers the required instruction for a credit course, certificate, or degree program in person.</content><note type="source"><p>Source Note: The provisions of this §2.382 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.383"><num value="2.383">§2.383</num><heading>Standards and Criteria for Delivery of Courses and Programs at an Off-Campus Educational Site</heading><content>Each institution of higher education providing off-campus education shall:(1) Comply with the standards, criteria, and approval requirements of one of the Board-recognized accrediting organizations as defined in §4.192 of this title (relating to Recognized Accrediting Organizations);(2) Operate an off-campus educational site only as authorized by the legislature or in accordance with the institution's accreditation standards;(3) Ensure each off-campus educational site is of sufficient quality for the programs and courses offered;(4) Provide each student with equivalent academic support services as a student enrolled in an on-campus course or program;(5) Ensure students in off-campus courses and programs satisfy equivalent institutional enrollment requirements as on-campus students; and(6) Select and evaluate faculty teaching at an off-campus educational site by equivalent standards, review, and approval procedures used by the institution to select and evaluate faculty responsible for on-campus courses and programs.</content><note type="source"><p>Source Note: The provisions of this §2.383 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.384"><num value="2.384">§2.384</num><heading>Notification Required for Off-Campus Delivery of Courses, Certificates, and Less than Fifty Percent (50%) of a Degree Program</heading><content>(a) Not less than once a year in a manner prescribed by the Board, an institution of higher education shall notify the Coordinating Board of an off-campus educational site at which a course, certificate, or less than fifty percent (50%) of a new degree program is offered.(b) Internship, clinical, dual credit and study abroad sites are exempt from the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §2.384 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.385"><num value="2.385">§2.385</num><heading>Approval Required for Off-Campus Delivery of a New Degree Program</heading><content>(a) An institution of higher education shall obtain Coordinating Board approval prior to delivery of a new degree program designated as an Off-Campus Degree Program. A request for a new Off-Campus Degree Program is subject to the designated approval required for the degree level as set out in subchapters D, E, F, and G of this chapter (relating to Approval Process for New Academic Associate Degrees, Approval Process for New Baccalaureate Programs at Public Junior Colleges, Approval Process for New Baccalaureate and Master's Degrees at Public Universities and Public Health-Related Institutions, and Approval Process for New Doctoral and Professional Degree Programs respectfully).(b) For a new degree program designated as an Off-Campus Degree Program, the institution shall provide the name and address of the off-campus educational site where the proposed program would be delivered in its request for a new degree program submitted to the Coordinating Board for approval.(c) The Coordinating Board will review the request for an Off-Campus Degree Program in accordance with §2.7 of this chapter (relating to Informal Notice and Comment on Proposed Local Programs), and applicable rules for approval of the proposed program to be offered at an off-campus educational site.</content><note type="source"><p>Source Note: The provisions of this §2.385 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.386"><num value="2.386">§2.386</num><heading>Approval Required for Off-Campus Delivery of an Existing Degree Program</heading><content>(a) An institution of higher education shall request to offer an existing degree program as an Off-Campus Degree Program under the procedures and approvals pursuant to §2.9 of this chapter (relating to Revisions and Modifications to an Approved Program).(b) The Coordinating Board will provide an opportunity for informal comment on the proposed off-campus delivery of the program in accordance with §2.7 of this chapter (relating to Informal Notice and Comment on Proposed Local Programs).</content><note type="source"><p>Source Note: The provisions of this §2.386 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.387"><num value="2.387">§2.387</num><heading>Modifications and Phase Out of Off-Campus Degree Programs</heading><content>An institution may request a revision, modification or phase out of an approved degree program offered at an off-campus educational site pursuant to §2.9 of this chapter (relating to Revisions and Modifications to an Approved Program).</content><note type="source"><p>Source Note: The provisions of this §2.387 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scP/s2.388"><num value="2.388">§2.388</num><heading>Effective Date of Rules</heading><content>The effective date of this subchapter is September 1, 2026. These rules apply to approvals on or after September 1, 2026.</content><note type="source"><p>Source Note: The provisions of this §2.388 adopted to be effective February 11, 2026, 51 TexReg 718.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c2/scQ"><num value="Q">SUBCHAPTER Q</num><heading>REQUIREMENTS FOR STUDY ABROAD FOREIGN LANGUAGE CREDIT</heading><section identifier="/us/state/tx/tac/t19/p1/c2/scQ/s2.410"><num value="2.410">§2.410</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code, §51.313, which requires the Coordinating Board to adopt rules related to the awarding of foreign language credit to a student that participates in a study abroad component or program as part of a baccalaureate degree program.</content><note type="source"><p>Source Note: The provisions of this §2.410 adopted to be effective February 11, 2026, 51 TexReg 720.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scQ/s2.411"><num value="2.411">§2.411</num><heading>Applicability</heading><content>(a) These rules apply to:(1) A fifteen-week semester or longer study abroad program, offered in a location where a language other than English is the primary language of communication, completed while a student is enrolled in a baccalaureate degree program at an institution of higher education, as defined by Texas Education Code, §61.003; and(2) A study abroad program offered as part of regular academic terms at the institution.(b) The rules do not apply to:(1) A study abroad program or component in a location where English is the primary language;(2) A study abroad program in multiple locations with more than one primary language; (3) A study abroad program in a location where the primary language is not offered at the student's institution of higher education; or(4) Any non-credit-bearing travel or internship program not associated with a degree program.</content><note type="source"><p>Source Note: The provisions of this §2.411 adopted to be effective February 11, 2026, 51 TexReg 720.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scQ/s2.412"><num value="2.412">§2.412</num><heading>Student Option to Earn Foreign Language Credit</heading><content>(a) Each applicable study abroad component or program shall include an option for a student to earn foreign language credit.(b) An institution may offer this option through one or more of the following methods:(1) Enrollment in a credit-bearing foreign language course delivered to the student in-person or through distance education, as defined in §2.202(2) of this chapter (relating to Definitions), during the component or program with associated assignments and assessments); (2) Completion of a faculty-supervised language immersion experience with an associated assessment;(3) Achievement of a satisfactory score on a recognized language proficiency examination; or(4) Other institution-approved demonstration of language competence.</content><note type="source"><p>Source Note: The provisions of this §2.412 adopted to be effective February 11, 2026, 51 TexReg 720.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c2/scQ/s2.413"><num value="2.413">§2.413</num><heading>Institutional Responsibilities</heading><content>Each institution of higher education shall identify and publish the programs to which these rules apply and clearly communicate the foreign language credit option to students participating in an applicable study abroad component or program.</content><note type="source"><p>Source Note: The provisions of this §2.413 adopted to be effective February 11, 2026, 51 TexReg 720.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c3"><num value="3">CHAPTER 3</num><heading>RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c3/scA"><num value="A">SUBCHAPTER A</num><heading>REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES</heading><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.1"><num value="3.1">§3.1</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish rules to require public, private, and independent institutions of higher education to report incidents of sexual harassment, sexual assault, dating violence, and stalking; to adopt a policy on sexual harassment, sexual assault, dating violence, and stalking; implement electronic reporting protocols for such incidents; develop a comprehensive prevention and outreach program; establish penalties for noncompliance; and provide amnesty or immunities to students and employees who report incidents of sexual harassment, sexual assault, dating violence, and stalking.</content><note type="source"><p>Source Note: The provisions of this §3.1 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.2"><num value="3.2">§3.2</num><heading>Authority</heading><content>Texas Education Code Subchapters E-2, Chapter 51, §51.259 and Subchapter E-3, Chapter 51, §51.295 authorize the Texas Higher Education Coordinating Board to adopt rules necessary to administer these Subchapters.</content><note type="source"><p>Source Note: The provisions of this §3.2 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.3"><num value="3.3">§3.3</num><heading>Definitions</heading><content>(a) Coordinating Board or Board--The Texas Higher Education Coordinating Board.(b) Course and Scope of Employment--means an employee performing duties in the furtherance of the institution's interests.(c) "Dating violence," "sexual assault," and "stalking" have the same meanings assigned by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Section 1092 (f)(6)(A)).(d) Postsecondary educational institution--an institution of higher education or a private or independent institution of higher education, as those terms are defined by Texas Education Code, §61.003.(e) Sexual harassment--unwelcome, sex-based verbal or physical conduct that:(1) in the employment context, unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive work environment; or(2) in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student's ability to participate in or benefit from educational programs or activities at a postsecondary educational institution.(f) Substantial Compliance--a postsecondary educational institution has made a good faith effort to comply with the requirements under these rules provided that the deficiencies identified by the Coordinating Board can be readily corrected.</content><note type="source"><p>Source Note: The provisions of this §3.3 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.4"><num value="3.4">§3.4</num><heading>Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking</heading><content>(a) Each postsecondary educational institution shall adopt a policy on sexual harassment, sexual assault, dating violence, and stalking applicable to each enrolled student and employee of the institution and have the policy approved by the institution's governing body. The policy must include:(1) Definitions of prohibited behavior;(2) Sanctions for violations;(3) Protocol for reporting and responding to reports of sexual harassment, sexual assault, dating violence, and stalking that complies with the electronic reporting requirement in §3.7 of this subchapter (relating to Electronic Reporting Requirement);(4) Interim measures to protect victims of sexual harassment, sexual assault, dating violence, or stalking pending the institution's disciplinary process, including protection from retaliation, and any other accommodations or supportive measures available to those victims at the institution. This section is not intended to limit an institution's ability to implement accommodations to others as needed; and(5) A statement regarding:(A) the importance of a victim of sexual harassment, sexual assault, dating violence, or stalking going to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident;(B) the right of a victim of sexual harassment, sexual assault, dating violence, or stalking to report the incident to the institution and to receive a prompt and equitable resolution of the report; and(C) the right of a victim of a crime to choose whether to report the crime to law enforcement, to be assisted by the institution in reporting the crime to law enforcement, or to decline to report the crime to law enforcement.(b) Each postsecondary educational institution shall make its policy on sexual harassment, sexual assault, dating violence, and stalking available to students, faculty, and staff members by:(1) including the policy in the student handbook and personnel handbook or the institution's equivalent(s); and(2) creating and maintaining a web page dedicated solely to the policy that is easily accessible through a clearly identifiable link on the institution's homepage.(c) Each postsecondary educational institution shall require each entering freshman or undergraduate transfer student to attend an orientation on the institution's sexual harassment, sexual assault, dating violence, and stalking policy before or during the first semester or term of enrollment at the institution. The orientation:(1) may be provided online; and(2) must include the statements described by subsection (a)(5) of this section.(d) Each postsecondary educational institution shall develop and implement a comprehensive prevention and outreach program on sexual harassment, sexual assault, dating violence, and stalking for enrolled students and employees of the institution. The program must:(1) address a range of strategies to prevent sexual harassment, sexual assault, dating violence, and stalking, including a public awareness campaign; a victim empowerment program; primary prevention; bystander intervention; and risk reduction; and(2) provide students with information regarding the protocol for reporting incidents of sexual harassment, sexual assault, dating violence, and stalking, including the name, office location, and contact information of the institution's Title IX coordinator, by:(A) e-mailing the information to each student at the beginning of each semester or other academic term;(B) including the information in the institution's orientation (which may be provided online); and(C) as part of the protocol for responding to reports of sexual harassment, sexual assault, dating violence, and stalking adopted under subsection (a) of this section, each postsecondary educational institution shall:(i) to the greatest extent practicable based on the number of counselors employed by the institution, ensure each alleged victim or alleged perpetrator of a sexual harassment, sexual assault, dating violence, and stalking incident and any other person who reports such incidents are offered counseling provided by a counselor who does not provide counseling to any other person involved in the incident; and(ii) notwithstanding any other law, allow an alleged victim or alleged perpetrator of a sexual harassment, sexual assault, dating violence, and stalking incident to drop a course in which both parties are enrolled without any academic penalty.(e) Each postsecondary educational institution shall review its sexual harassment, sexual assault, dating violence, and stalking policy at least each biennium and revise the policy as necessary and obtain approval from the institution's governing board.</content><note type="source"><p>Source Note: The provisions of this §3.4 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.5"><num value="3.5">§3.5</num><heading>Reporting Required for Certain Incidents</heading><content>(a) An employee of a postsecondary educational institution who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking and is alleged to have been committed by or against a person who was a student enrolled at or an employee of the institution at the time of the incident shall promptly report the incident to the institution's Title IX coordinator or deputy Title IX coordinator.(1) The employee's duty to report an incident begins on the effective date of these regulations or January 1, 2020, whichever is later;(2) The employee is required to report an incident regardless of when or where the incident occurred; and(3) Institutions may establish additional reporting avenues to comply with this section provided that the reports are promptly routed to the Title IX coordinator or deputy Title IX coordinator.(b) Except as provided by Subsection (c), the report must include all information concerning the incident known to the reporting person that is relevant to the investigation and, if applicable, redress of the incident, including whether an alleged victim has expressed a desire for confidentiality in reporting the incident.(c) In making a report under this section,(1) the employees of a postsecondary educational institution identified below shall only report as follows:(A) absent consent from the reporting student, an employee designated by the institution as a person with whom students may speak confidentially concerning sexual harassment, sexual assault, dating violence, or stalking shall only state the type of incident reported and may not include any information that would violate a student's expectation of privacy;(B) absent consent from the reporting individual, an employee who receives information regarding an incident of sexual harassment, sexual assault, dating violence, or stalking under circumstances that render the employee's communications confidential or privileged under other law shall only state the type of incident reported and may not include any information that would violate an expectation of privacy; or(C) absent consent from the victim(s), an employee who receives information regarding an incident of sexual harassment, sexual assault, dating violence, or stalking in the course and scope of employment as a healthcare provider, mental health care provider, or other medical provider shall only state the type of incident reported and may not include any information that would violate an expectation of privacy.(2) This subsection does not affect the employee's duty to report an incident under any other law, including but not limited to, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Section 1092 (f)), Texas Family Code Section 261.101, or Health and Safety Code Section 611.004. When multiple confidential employees receive information about the same incident (e.g. student health center or counseling center), only a single report stating the type of incident is required.(d) Notwithstanding Subsection (a), a person is not required to make a report under this section concerning:(1) an incident in which the person was a victim of sexual harassment, sexual assault, dating violence, or stalking;(2) an incident of which the person received information due to a disclosure made at a sexual harassment, sexual assault, dating violence, or stalking public awareness event sponsored by a postsecondary educational institution or by a student organization affiliated with the institution; or(3) a sexual harassment, sexual assault, dating violence, or stalking incident in which the person has either learned of the incident during the course of their institution's review or process or has confirmed with the person or office overseeing the review or process, that the incident has been previously reported.(e) A person acting in good faith who reports or assists in the investigation of a report of an incident described by this section or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from a report of such an incident may not be subjected to any disciplinary action by the postsecondary educational institution at which the person is enrolled or employed for any violation by the person of the institution's policy or code of conduct reasonably related to the incident for which suspension or expulsion from the institution is not a possible punishment.(f) Subsection (e) does not apply to a person who perpetrates or assists in the perpetration of the incident reported under this section.</content><note type="source"><p>Source Note: The provisions of this §3.5 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.6"><num value="3.6">§3.6</num><heading>Administrative Reporting Requirements</heading><content>(a) Not less than once every three months, the Title IX coordinator of a postsecondary educational institution shall submit to the institution's chief executive officer a written report ("Title IX Coordinator Report") on the reports received for the institution's reporting period under §3.5, including information regarding:(1) the investigation of those reports;(2) the disposition, if any, of any disciplinary processes arising from those reports; and(3) the reports for which the institution determined not to initiate a disciplinary process, if any.(b) The Title IX coordinator or deputy Title IX coordinator of a postsecondary educational institution shall immediately report to the institution's chief executive officer an incident reported to the coordinator under §3.5 if the coordinator has cause to believe that the safety of any person is in imminent danger as a result of the incident.(c) Subject to Subsection (d), at least once annually, during either the fall or spring semester, the chief executive officer of a postsecondary educational institution shall submit to the institution's governing body and post on the institution's Internet website a report ("CEO Report") concerning the reports received under §3.5. The CEO report:(1) may not identify any person; and(2) must include:(A) the number of reports received under §3.5;(B) the number of investigations conducted as a result of those reports;(C) the disposition, if any, of any disciplinary processes arising from those reports;(D) the number of those reports for which the institution determined not to initiate a disciplinary process, if any; and(E) any disciplinary actions taken under §3.8.(d) If for any semester a postsecondary educational institution has fewer than 1,500 enrolled students, the chief executive officer of the institution shall submit and post a report required under Subsection (c) for that semester only if more than five reports were received under §3.5 during that semester.(e) For purposes of this section, disposition means the final result under the institution's disciplinary process.(f) For all reports under this section:(1) When identifiable, reports may exclude duplicate reports of a single alleged incident;(2) Reports may separately specify the number of confidential reports received by employees designated under section 3.5(c); and(3) The Coordinating Board shall make available to institutions a recommended template for the Title IX Coordinator Report and the CEO Report, which satisfies the reporting requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §3.6 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.7"><num value="3.7">§3.7</num><heading>Electronic Reporting</heading><content>Each postsecondary educational institution shall provide an option for a student enrolled at or an employee of the institution to electronically report to the institution an allegation of sexual harassment, sexual assault, dating violence, or stalking committed against or witnessed by the student or employee, regardless of the location at which the alleged offense occurred. The electronic reporting option must:(1) Allow for anonymous reporting; and(2) Be easily accessible via a clearly identifiable link on the institution's website home page.</content><note type="source"><p>Source Note: The provisions of this §3.7 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.8"><num value="3.8">§3.8</num><heading>Failure to Report or False Report</heading><content>A postsecondary educational institution shall terminate the employment of an employee whom the institution determines, in accordance with the institution's disciplinary procedure, to have committed an offense under Texas Education Code Sec. 51.255.</content><note type="source"><p>Source Note: The provisions of this §3.8 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.9"><num value="3.9">§3.9</num><heading>Victim Request Not to Investigate</heading><content>(a) If an alleged victim of an incident of sexual harassment, sexual assault, dating violence, or stalking reported to a postsecondary educational institution requests the institution not to investigate the alleged incident, the institution may investigate the alleged incident in a manner that complies with the confidentiality requirements under Texas Education Code Section 51.291 and Section 3.17 of this Subchapter. In determining whether to investigate the alleged incident, the institution shall consider:(1) the seriousness of the alleged incident;(2) whether the institution has received other reports of sexual harassment, sexual assault, dating violence, or stalking committed by the alleged perpetrator or perpetrators;(3) whether the alleged incident poses a risk of harm to others; and(4) any other factors the institution determines relevant.(b) If a postsecondary educational institution decides not to investigate an alleged incident of sexual harassment, sexual assault, dating violence, or stalking based on the alleged victim's request not to investigate, the institution shall take any reasonable steps the institution determines necessary and consistent with the institution's policy and applicable law to protect the health and safety of the institution's community in relation to the alleged incident.(c) A postsecondary educational institution shall inform an alleged victim of an incident of sexual harassment, sexual assault, dating violence, or stalking who requests the institution not to investigate the alleged incident of the institution's decision whether to investigate the alleged incident.</content><note type="source"><p>Source Note: The provisions of this §3.9 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.10"><num value="3.10">§3.10</num><heading>Disciplinary Process for Certain Violations</heading><content>A postsecondary educational institution that initiates a disciplinary process concerning an allegation that a student enrolled at the institution violated the institution's policy or code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking shall:(1) provide to the student and the alleged victim a prompt and equitable opportunity to present witnesses and other evidence relevant to the alleged violation during the disciplinary process;(2) ensure that both the student and the alleged victim have reasonable and equitable access to all evidence relevant to the alleged violation in the institution's possession, including any statements made by the alleged victim or by other persons, information stored electronically, written or electronic communications, social media posts, or physical evidence, redacted as necessary to comply with any applicable federal or state law regarding confidentiality; and(3) take reasonable steps to protect the student and the alleged victim from retaliation and harassment during the pendency of the disciplinary process.</content><note type="source"><p>Source Note: The provisions of this §3.10 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.11"><num value="3.11">§3.11</num><heading>Student Withdrawal or Graduation Pending Disciplinary Charges; Request for Information from Another Postsecondary Educational Institution</heading><content>(a) If a student withdraws or graduates from a postsecondary educational institution pending a disciplinary charge alleging that the student violated the institution's policy or code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking, the institution:(1) may not end the disciplinary process or issue a transcript to the student until the institution makes a final determination of responsibility; and(2) shall expedite the institution's disciplinary process as necessary to accommodate both the student's and the alleged victim's interest in a speedy resolution.(b) On request by another postsecondary educational institution, a postsecondary educational institution shall, as permitted by state or federal law, including the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, provide to the requesting institution information relating to a final determination by the institution that a student enrolled at the institution violated the institution's policy or code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking.</content><note type="source"><p>Source Note: The provisions of this §3.11 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.12"><num value="3.12">§3.12</num><heading>Trauma-Informed Investigation Training</heading><content>A postsecondary educational institution shall ensure each of its employed peace officers completes training on trauma-informed investigation into allegations of sexual harassment, sexual assault, dating violence, and stalking.</content><note type="source"><p>Source Note: The provisions of this §3.12 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.13"><num value="3.13">§3.13</num><heading>Memoranda of Understanding Required</heading><content>To facilitate effective communication and coordination regarding allegations of sexual harassment, sexual assault, dating violence, and stalking at the institution, a postsecondary educational institution shall enter into one or more memoranda of understanding with an entity from one or more of the following categories:(1) local law enforcement agencies;(2) sexual harassment, sexual assault, dating violence, or stalking advocacy groups; and(3) hospitals or other medical resource providers.</content><note type="source"><p>Source Note: The provisions of this §3.13 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.14"><num value="3.14">§3.14</num><heading>Responsible and Confidential Employee</heading><content>(a) Each postsecondary educational institution shall:(1) designate:(A) one or more employees to act as responsible employees for purposes of Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.); and(B) one or more employees as persons to whom students enrolled at the institution may speak confidentially concerning sexual harassment, sexual assault, dating violence, and stalking; and(2) inform each student enrolled at the institution of the responsible and confidential employees designated under Paragraph (1).(b) A confidential employee designated under Subsection (a)(1)(B) of this section may not disclose any communication made by a student to the employee unless the student consents to the disclosure or the employee is required to make the disclosure under Section 3.5(c), state law, or federal law.</content><note type="source"><p>Source Note: The provisions of this §3.14 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.15"><num value="3.15">§3.15</num><heading>Student Advocate</heading><content>(a) A postsecondary educational institution may designate one or more students enrolled at the institution as student advocates to whom other students enrolled at the institution may speak confidentially concerning sexual harassment, sexual assault, dating violence, and stalking. The institution shall notify each student enrolled at the institution of the student advocate(s) designated under this subsection.(b) A student advocate designated under Subsection (a) of this section may not disclose any communication made by a student to the advocate unless the student consents to the disclosure or the advocate is required to make the disclosure under state or federal law.</content><note type="source"><p>Source Note: The provisions of this §3.15 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.16"><num value="3.16">§3.16</num><heading>Equal Access</heading><content>In implementing the requirements under this subchapter, a postsecondary educational institution shall, to the greatest extent practicable, ensure equal access for students enrolled at or employees of the institution who are persons with disabilities. The institution shall make reasonable efforts to consult with a disability services office of the institution, advocacy groups for people with disabilities, and other relevant stakeholders to assist the institution with complying with the institution's duties under this section.</content><note type="source"><p>Source Note: The provisions of this §3.16 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.17"><num value="3.17">§3.17</num><heading>Confidentiality</heading><content>(a) The protections provided by this section apply to:(1) an alleged victim;(2) a person who reports an incident to an institution;(3) a person who sought guidance from the institution concerning an incident;(4) a person who participated in the institution's investigation of an incident; or(5) a person who is alleged in a report made to an institution to have committed or assisted in the commission of sexual harassment, sexual assault, dating violence, or stalking, if after completing an investigation, the institution determines the report to be unsubstantiated or without merit.(b) Unless waived in writing by the person, the identity of a person described by Subsection (a):(1) is confidential and not subject to disclosure under Chapter 552, Government Code; and(2) may be disclosed only to:(A) persons employed by or under contract with the postsecondary educational institution to which the report is made who are necessary for an investigation of the report or other related hearings;(B) a law enforcement officer as necessary to conduct a criminal investigation of the report by persons described by Subsection (a);(C) a health care provider in an emergency, as determined necessary by the institution;(D) the person or persons alleged to have perpetrated the incident, to the extent required by other law; and(E) potential witnesses to the incident as necessary to conduct an investigation of the report and to the extent required by other law.(c) For the purposes of this section, investigation includes the coordination of the incident response, implementation of interim measures, adjudication of the report, and disclosure by the institution as required under state or federal law.</content><note type="source"><p>Source Note: The provisions of this §3.17 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.18"><num value="3.18">§3.18</num><heading>Retaliation Prohibited</heading><content>(a) A postsecondary educational institution may not discipline or otherwise discriminate against an employee who in good faith:(1) makes a report as required by §3.5; or(2) cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to a report made by the employee as required by §3.5.(b) Subsection (a) does not apply to an employee who:(1) reports an incident of sexual harassment, sexual assault, dating violence, and stalking perpetrated by the employee; or(2) cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to an allegation that the employee perpetrated an incident of sexual harassment, sexual assault, dating violence, and stalking.</content><note type="source"><p>Source Note: The provisions of this §3.18 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.19"><num value="3.19">§3.19</num><heading>Compliance</heading><content>(a) The chief executive officer of each postsecondary educational institution shall annually certify in writing to the Coordinating Board, not later than October 31 of each year, that the institution is in substantial compliance with Texas Education Code, Chapter 51, Subchapter E-2. The Coordinating Board shall make available to institutions a required template for the certification which satisfies the requirements of this section.(b) In addition to annually reviewing the reporting under Texas Education Code §51.258 and §3.19, the Coordinating Board shall conduct risk-based compliance monitoring of Texas Education Code, Chapter 51, Subchapters E-2 and E-3. The Coordinating Board will determine the basis for reviews based on risk factors such as time since last review, stakeholder feedback, prior findings or complaints, and other factors. The Coordinating Board shall make available to the institutions a report template which satisfies the requirements of this section.(c) If the Coordinating Board determines that a postsecondary educational institution is not in substantial compliance with Texas Education Code, Chapter 51, Subchapters E-2, effective January 1, 2020, or Subchapter E-3, effective August 1, 2020, the Coordinating Board may assess an administrative penalty against the institution in an amount not to exceed $2 million annually. Compliance errors committed by an institution or system that are in substantial compliance with Subchapters E-2 and E-3 will not result in a penalty. The Coordinating Board will not find an institution is out of substantial compliance with the provisions in Subchapter E-2 and Subchapter E-3 based on a determination that the Coordinating Board would have taken different action after an independent evaluation of evidence. (d) In evaluating whether an institution or system is in substantial compliance in accordance with §3.3 of this title (relating to Definitions), the Coordinating Board will determine the institution's or system's good faith effort by evaluating the following factors:(1) The nature and seriousness of the compliance error;(2) The extent to which the institution complied with the statutory requirements and to what extent it did not;(3) The number of any institutional compliance errors;(4) Whether the institution had actual notice of the error;(5) Whether the institution made any effort to rectify any compliance errors or agrees to rectify any violations going forward;(6) The extent to which the institution has relevant policies and/or practices;(7) The institution' s intent;(8) Severity of the error' s effect;(9) Any previous compliance errors of a similar kind and the time lapse since those error(s);(10) Institutional efforts to prevent compliance errors, including the extent to which the institution provided training to employees and/or acted after learning about the error;(11) The explanation for the cause of the compliance error, including a good-faith mistake; a differing, reasonable interpretation of the law; a conflict between two provisions, or a conflict with another legal or governmental requirement (such as Title IX regulations or a mandatory report to the National Institutes of Health);(12) Any prevention and/or response efforts of the institution, made in good faith, to address a possible compliance error;(13) The degree of cooperation of the institution with the Coordinating Board in remedying a potential compliance error; and(14) Any other fact or circumstance as justice may require.(e) A postsecondary educational Institution's failure to timely and accurately file the certification of substantial compliance with Texas Education Code §51.258 and Subsection (a) not later than October 31 of each year shall result in a penalty of $2,000 per day of violation. (1) A postsecondary educational institution may cure a violation under this subsection by filing its report not later than November 30 of the year the report was due.(2) If the postsecondary educational institution cures the violation as provided in this subsection, the Coordinating Board shall not assess a penalty.(3) If the postsecondary educational Institution fails to cure the violation as provided in this subsection, the Coordinating Board shall assess the full penalty owed under this subsection beginning on November 1 of the year the report was due.(4) If a postsecondary educational institution files a good faith correction to a previously filed certification of substantial compliance within a reasonable time of discovering an unintentional error, but not later than February 1 following the due date of the report, the Coordinating Board shall not assess a penalty.(f) The Coordinating Board may assess an administrative penalty, up to a total of $2 million annually, if a postsecondary educational institution has failed to maintain substantial compliance with Texas Education Code, Chapter 51, Subchapters E-2 or E-3.(1) In determining the total penalty to assess, the Coordinating Board shall consider the number of students at the institution, the penalty matrix in this section, apply mitigating and aggravating factors, and any other factor justice may require. Mitigating factors may result in a reduction of the administrative penalty. Aggravating factors may result in an increased administrative penalty, up to $2 million annually.(2) Penalty Matrix. Potential annual penalty amounts are shown in Figure 1.Attached Graphic(3) Mitigating factors may include:(A) The inability of the postsecondary educational institution to meet the requirement of law due to:(i) a disaster declared under Texas Government Code, Chapter 418;(ii) a technology failure rendering compliance impossible; or(iii) a severe medical impairment of a person responsible for compliance with a requirement under Texas Education Code, Chapter 51, Subchapters E-2 or E-3.(B) Evidence that the postsecondary educational institution properly reported an incident to another state or federal agency with law enforcement or regulatory authority;(C) Any actual notice from the institution of the compliance error;(D) Institutional efforts to prevent compliance errors, including the extent to which the institution provided training to employees and/or acted after learning about the error;(E) The explanation for the cause of the compliance error, including a good-faith mistake; a differing, reasonable interpretation of the law; a conflict between two provisions, or a conflict with another legal or governmental requirement (such as Title IX regulations or a mandatory report to the National Institutes of Health);(F) The lack of harm to any individual; and(G) The extent to which the institution or system complied with Texas Education Code, Chapter 51, Subchapters E-2 and E-3.(4) Aggravating factors shall include:(A) Harm to an individual caused by, or directly related to, the postsecondary educational institution's failure to comply with Chapter 51, Subchapters E-2 and E-3;(B) Any evidence of a postsecondary educational institution's failure to act on a prior substantially similar complaint;(C) Any evidence of multiple incidents of similar failures or length of time of failure by the postsecondary institution;(D) Any evidence that the postsecondary educational institution or its chief executive officer knowingly provided a false certification under Texas Education Code §51.258(a);(E) That the postsecondary educational institution attempted to conceal or cause others to conceal information relevant to a determination of violation under Texas Education Code, Chapter 51, Subchapters E-2 and E-3; and(F) The extent to which the institution or system failed to comply with Texas Education Code, Chapter 51, Subchapters E-2 and E-3.(g) If the Coordinating Board assesses an administrative penalty against a postsecondary educational institution under subsection (f) of this section, the Coordinating Board shall provide to the institution written notice of the Coordinating Board's reason for assessing the penalty. (h) A postsecondary educational institution assessed an administrative penalty under Subsection (f) may appeal the penalty in the manner provided by Chapter 2001, Texas Government Code. The Coordinating Board shall enter a final decision and order as to any penalty assessed after a contested case proceeding. (i) A postsecondary educational institution may not pay an administrative penalty assessed under Subsection (f) using state-appropriated or federal money. (j) The Coordinating Board shall deposit an administrative penalty collected under this section to the credit of the sexual assault program fund established under Section 420.008, Texas Government Code.(k) The Coordinating Board shall annually submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislature committees with primary jurisdiction over legislation concerning sexual assault at postsecondary educational institutions a report regarding compliance with this subchapter, including a summary of the postsecondary education institutions found not to be in substantial compliance as provided by this section and any penalties assessed under the section during the calendar year preceding the date of the report.</content><note type="source"><p>Source Note: The provisions of this §3.19 adopted to be effective January 1, 2020, 45 TexReg 150; amended to be effective May 18, 2023, 48 TexReg 2494.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.20"><num value="3.20">§3.20</num><heading>Applicability</heading><content>Sections 3.1-3.3, 3.5-3.6, 3.8, 3.14, and 3.17-3.20 of this subchapter are effective on January 1, 2020 or 20 days after the publication of these rules in the Texas Register, whichever is later. The remainder of this subchapter is effective on August 1, 2020.</content><note type="source"><p>Source Note: The provisions of this §3.20 adopted to be effective January 1, 2020, 45 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scA/s3.30"><num value="3.30">§3.30</num><heading>Required Transcript Notation When a Student Is Ineligible to Reenroll Due to Non-academic or Non-financial Reason</heading><content>(a) Each postsecondary educational institution as defined by Texas Education Code §51.9364 will publish its process for transcript notations. "Ineligible to reenroll" will be defined by the notating postsecondary educational institution.(b) For students ineligible to reenroll in a postsecondary educational institution for a non-academic or non-financial reason, including, but not limited to disciplinary actions, each postsecondary educational institution must include on the student's transcript a notation stating the student is ineligible to reenroll in the postsecondary educational institution for a non-academic or non-financial reason. The postsecondary educational institution must use language to indicate the student is ineligible to reenroll in the institution, regardless of instructional modality. The postsecondary educational institution is neither required nor prohibited from stating the specific reason for ineligibility.(c) If a student withdraws from the postsecondary educational institution prior to final resolution of the postsecondary educational institution's published disciplinary process that may result in the student becoming ineligible to reenroll for a non-academic or non-financial reason, the postsecondary educational institution:(1) may not end the disciplinary process until the postsecondary educational institution makes a final determination of responsibility, including, if applicable, a determination of whether the student will be ineligible to reenroll in the postsecondary educational institution for a non-academic or non-financial reason; and(2) shall include on the student's transcript the notation required under subsection (b) of this section if, as a result of the disciplinary process, the student is ineligible to reenroll in the postsecondary educational institution for a non-academic or non-financial reason.(d) Upon request by a student, a postsecondary educational institution may remove from a student's transcript a notation required under subsection (b) of this section if:(1) the student becomes eligible to reenroll in the postsecondary educational institution; or(2) the postsecondary educational institution determines that good cause exists to remove the notation.</content><note type="source"><p>Source Note: The provisions of this §3.30 adopted to be effective March 5, 2020, 45 TexReg 1706.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c3/scB"><num value="B">SUBCHAPTER B</num><heading>VACCINATION AGAINST BACTERIAL MENINGITIS FOR ENTERING STUDENTS</heading><section identifier="/us/state/tx/tac/t19/p1/c3/scB/s3.40"><num value="3.40">§3.40</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is Texas Education Code, §51.9192, which establishes the requirement for bacterial meningitis vaccination for certain students and identifies exceptions to that requirement.(b) Purpose. Pursuant to the Jamie Schanbaum and Nicolis Williams Act, this subchapter creates the procedure by which an entering student of an institution of higher education or private or independent institution of higher education will show evidence of being immunized against bacterial meningitis.</content><note type="source"><p>Source Note: The provisions of this §3.40 adopted to be effective February 11, 2026, 51 TexReg 721.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scB/s3.41"><num value="3.41">§3.41</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless otherwise defined in the subchapter:(1) Entering Student--Includes:(A) New Student--A first-time student of an institution of higher education or private or independent institution of higher education, including a student who transfers to the institution from another institution. A student who was previously exempt under §3.43(a)(2) - (5) of this subchapter (relating to Exceptions) will be treated as a new student, should the exception no longer apply.(B) Returning Student--A student who previously attended an institution of higher education or private or independent institution of higher education before January 1, 2012, and who is enrolling in the same or another institution of higher education or private or independent institution of higher education following a break in enrollment of at least one fall or spring semester.(2) Evidence of Vaccination--Acceptable evidence of vaccination or receiving a booster dose includes:(A) the signature or stamp of a physician or his/her designee, or public health personnel on a form which shows the month, day, and year the vaccination dose or booster was administered;(B) an official immunization record generated from a state or local health authority; or(C) an official record received from school officials, including a record from another state.(3) Health Practitioner--Any person authorized by law to administer a vaccination.(4) Institution of Higher Education--As defined in Texas Education Code, §61.003.(5) Private or Independent Institution of Higher Education--As defined in Texas Education Code, §61.003.(6) Online and Other Distance Education Course--A course in which the instructor and students are not in the same location. An online course typically involves web-based instruction, but might also include correspondence instruction. An online or other distance education course that includes a face-to-face component, including meeting in a testing laboratory with other students, or meeting in a classroom to receive interactive video instruction, does not qualify as an online or other distance education course for the purposes of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §3.41 adopted to be effective February 11, 2026, 51 TexReg 721.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scB/s3.42"><num value="3.42">§3.42</num><heading>Immunization Requirement</heading><content>(a) An entering student who has been admitted to an institution of higher education or private or independent institution of higher education, must show evidence of receipt of an initial bacterial meningitis vaccination dose or booster during the five-year period preceding and at least ten days prior to the first day of the first semester in which the student initially enrolls at an institution, or following a break in enrollment of at least one fall or spring semester at the same or another institution.(b) Each institution of higher education or private or independent institution of higher education must designate a department or unit to receive from the student evidence of receipt of an initial bacterial meningitis vaccination dose or booster during the five-year period preceding and at least ten days prior to the first day of the first semester in which the student initially enrolls at an institution, or following a break in enrollment of at least one fall or spring semester at the same or another institution.(c) An entering student must provide evidence of having received the vaccination from an appropriate health practitioner to the designated department or unit at the institution of higher education or private or independent institution of higher education. This information shall be maintained in accordance with Family Education Rights and Privacy Act Regulations, and with Health Insurance Portability and Accountability Act.(d) Each institution of higher education or private or independent institution of higher education must provide to a student, with the registration materials that the institution provides to a student before the student's initial enrollment in the institution, the following:(1) written or electronic notice of the right of the student or of a parent or guardian of a student, to claim an exemption from the vaccination requirement, as specified in §3.43 of this subchapter (relating to Exceptions); and(2) written or electronic notice of the importance of consulting a physician about the need for the immunization against bacterial meningitis to prevent the disease.(e) Under justifiable circumstances, an administrative official of the designated department or unit of an institution of higher education, or private or independent institution of higher education, may grant extensions to individual students to extend the compliance date to no more than ten days after the first day of the semester or other term in which the student initially enrolls.</content><note type="source"><p>Source Note: The provisions of this §3.42 adopted to be effective February 11, 2026, 51 TexReg 721.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c3/scB/s3.43"><num value="3.43">§3.43</num><heading>Exceptions</heading><content>(a) A student is not required to submit evidence of receiving the vaccination against bacterial meningitis or evidence of receiving a booster dose if:(1) the student is twenty-two years of age or older by the first day of the start of the semester; or(2) the student is enrolled only in online or other distance education courses; or(3) the student is enrolled in a continuing education course or program that is less than 360 contact hours, or continuing education corporate training; or(4) the student is enrolled in a dual credit course which is taught at a public or private K-12 facility not located on a higher education institution campus; or(5) the student is incarcerated in a Texas prison.(b) A student, or a parent or guardian of a student, is not required to submit evidence of receiving the vaccination against bacterial meningitis if the student, or a parent or guardian of a student, submits to the institution:(1) an affidavit or a certificate signed by a physician who is duly registered and licensed to practice medicine in the United States, in which it is stated that, in the physician's opinion, the vaccination required would be injurious to the health and well-being of the student;(2) an affidavit signed by the student stating that the student declines the vaccination for bacterial meningitis for reasons of conscience, including a religious belief. A conscientious exemption form from the Texas Department of State Health Services must be used for students attending a public university, health-related institution, or private or independent institution of higher education. The form must be submitted to the designated department or unit no later than the 90th day after the date the affidavit is notarized; or(3) evidence of submitting a conscientious objection form through a secure, Internet-based process developed and implemented by the Texas Department of State Health Services. The Internet form may be used by entering students attending a public junior college. Public junior colleges may use the Internet-based process as the exclusive method to apply for an exemption from the vaccination requirement for reasons of conscience.(c) The exception noted in subsection (b)(2) and (3) of this section does not apply during a disaster or public health emergency, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency declared by an appropriate official or authority from the Texas Department of State Health Services and is in effect for the location of the institution the student attends.</content><note type="source"><p>Source Note: The provisions of this §3.43 adopted to be effective February 11, 2026, 51 TexReg 721.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c4"><num value="4">CHAPTER 4</num><heading>RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.1"><num value="4.1">§4.1</num><heading>Purpose</heading><content>This section establishes rules on a variety of topics that apply exclusively to public institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.1 adopted to be effective May 27, 2003, 28 TexReg 4107.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.2"><num value="4.2">§4.2</num><heading>Authority</heading><content>Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §51.9364 and §61.051 which describes the Board's role in the Texas system of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.2 adopted to be effective May 27, 2003, 28 TexReg 4107; amended to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.3"><num value="4.3">§4.3</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Active military service--Active service in the armed forces of the United States or in the National Guard or the Texas State Guard.(2) Associate of Science degree and the Associate of Arts degree--Collegiate degrees consisting of lower-division courses designed to prepare students for transfer to a bachelor's degree program.(3) Associate of Applied Science degree and the Associate of Applied Arts degree--Technical certificates issued to students who complete workforce education curricula of collegiate level.(4) Associate of Arts in Teaching degree--Board-approved collegiate degree programs consisting of lower-division courses intended for transfer to baccalaureate programs that lead to initial Texas teacher certification.(5) Bachelor of General Studies degree--A program designed principally for mature students who seek a flexible degree program and who do not desire or may not meet prerequisites of a highly structured traditional degree program, and to permit students to plan, with advisement, an individualized program with access to a wide range of academic disciplines and fields of professional study.(6) Bachelor of Applied Arts and Sciences degree--A program designed to provide a path to a bachelor's degree for students who have earned previous collegiate credit through workforce education curricula. The degree program combines general education requirements and a professional component designed to complement the student's technical or vocational competence.(7) Board--The Texas Higher Education Coordinating Board.(8) Commissioner--The Commissioner of Higher Education.(9) Common calendar--Dates and information pertaining to the beginning and ending (and lengths) of academic semesters and sessions, applicable to all Texas public universities and community, technical and state colleges.(10) Consulting or testifying expert witness--Any non-fact witness whose name must be disclosed during litigation as required by the Texas Rules of Civil Procedure.(11) Dropped Course--A course in which an undergraduate student at an institution of higher education has enrolled for credit, but did not complete, under these conditions:(A) the student was able to drop the course without receiving a grade or incurring an academic penalty;(B) the student's transcript indicates or will indicate that the student was enrolled in the course past the census date; and(C) the student is not dropping the course in order to withdraw from the institution.(12) Degree program--Any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle the student to a degree from an institution of higher education.(13) Faculty or professional staff of an institution of higher education--A non-classified, full-time employee who is a member of the faculty or staff and whose duties include teaching, research, administration or performing professional services, including professional library services.(14) Fiscal year--The State of Texas' fiscal year, September 1 through August 31.(15) Institution of higher education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.(16) Interdisciplinary baccalaureate degrees--The Bachelor of General Studies degree (defined in paragraph (5) of this section) and such general degrees as liberal arts or humanities. These broad-based degrees vary in the amount of prescriptive structure but share the characteristics of flexibility for the student and interdisciplinary course selection.(17) Non-classified--An employee whose position is not controlled by the institution's classified personnel system or a person employed in a similar position if the institution does not have a classified personnel system.(18) Religious holy day--A holy day observed by a religion whose places of worship are exempt from property taxation under the Texas Tax Code, §11.20.</content><note type="source"><p>Source Note: The provisions of this §4.3 adopted to be effective May 27, 2003, 28 TexReg 4107; amended to be effective August 11, 2004, 29 TexReg 7670; amended to be effective November 22, 2005, 30 TexReg 7724; amended to be effective November 19, 2006, 31 TexReg 9286; amended to be effective February 18, 2007, 32 TexReg 526; amended to be effective November 28, 2007, 32 TexReg 8483.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.4"><num value="4.4">§4.4</num><heading>Student Absences on Religious Holy Days</heading><content>(a) Under Texas Education Code, §51.911, all institutions of higher education shall excuse a student from attending classes or other required activities, including examinations, for the observance of a religious holy day, including travel for that purpose. A student whose absence is excused under this subsection may not be penalized for that absence and shall be allowed to take an examination or complete an assignment from which the student is excused within a reasonable time after the absence.(b) Each institution of higher education shall develop and include in its official bulletins, catalogs, and other appropriate publications a statement regarding its policies and procedures for all excused absences. Policies and procedures for absences due to religious holy days shall be consistent with (or no more arduous than) the institution's policies and procedures relating to other excused absences.(c) Texas Education Code, §51.911 defines a religious holy day. If a student and an instructor disagree about the nature of the absence being for the observance of a religious holy day as defined therein, or if there is similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations, either the student or the instructor may request a ruling from the chief executive officer of the institution or his or her designee. The student and instructor shall abide by the decision of the chief executive officer or his/her designee.(d) Each institution may exclude from these policies and procedures any student absence for religious holy days which may interfere with patient care.</content><note type="source"><p>Source Note: The provisions of this §4.4 adopted to be effective May 27, 2003, 28 TexReg 4107; amended to be effective February 24, 2004, 29 TexReg 1659.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.6"><num value="4.6">§4.6</num><heading>Minimum Length of Courses and Limitation on the Amount of Credit that a Student May Earn in a Given Time Period</heading><content>(a) Traditionally-delivered three-semester-credit-hour courses should contain 15 weeks of instruction (45 contact hours) plus a week for final examinations so that such a course contains 45 to 48 contact hours depending on whether there is a final exam.(b) Every college course is assumed to involve a significant amount of non-contact hour time for out-of-class student learning and reflection. To ensure the quality of student learning, institutions should not allow students to carry more courses in any term (that is, regular or shortened semester), which would allow them to earn more than one semester credit hour per week over the course of the term. For example, in a five and a half week summer term, students should not generally be allowed to enroll for more than six semester credit hours.(c) Institutions should have a formal written policy for addressing any exceptions to subsection (b) of this section.(d) Courses delivered in shortened semesters are expected to have the same number of contact hours and the same requirement for out-of-class learning as courses taught in a normal semester.(e) Institutions may offer a course in a non-traditional way (for example, over the internet, or through a shortened, intensive format) that does not meet these contact hour requirements, if the course has been reviewed and approved through a formal, institutional faculty review process that evaluates the course and its learning outcomes and determines that the course does, in fact, have equivalent learning outcomes to an equivalent, traditionally delivered course.</content><note type="source"><p>Source Note: The provisions of this §4.6 adopted to be effective May 27, 2003, 28 TexReg 4107.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.7"><num value="4.7">§4.7</num><heading>Student Transcripts</heading><content>(a) Student transcripts shall contain a record of each state funded course attempted by a student at the transcripting institution after January 1, 1998. This includes all courses for which the student was enrolled as of the official census date each term, including developmental education courses, courses that were not completed, courses that were dropped, and courses that were repeated.(b) The student transcript or an addendum to the transcript certified by the appropriate institutional official shall contain a record of the student's status in regard to the Texas Success Initiative (TSI). The document should include the status for each section of a test taken for TSI purposes (reading, mathematics, writing) with information as to how the student met the TSI requirement. The information provided should enable receiving institutions to use the transcript or the addendum as a single source of information to determine the student's TSI status.(c) Student transcripts created after September 1, 2000 should be maintained by the institutions in a format suitable for electronic interchange. The format of transcripts shall be the format that is used to store the most transcripts by Texas institutions of higher education as of September 1, 1998 or another format adopted by a majority of the members of the Texas Association of Collegiate Registrars and Admissions Officers.(d) Student transcripts or an addendum to the transcript certified by the appropriate institutional official shall identify all courses completed in satisfaction of the core curriculum as specified in §4.28(h) of this title (relating to Transfer of Credit, Core Curriculum and Field of Study Curricula).(e) Transcript notations are required for students ineligible to reenroll for a reason other than academic or financial as specified in Chapter 3, Subchapter A, Rule §3.30.</content><note type="source"><p>Source Note: The provisions of this §4.7 adopted to be effective May 27, 2003, 28 TexReg 4107; amended to be effective February 22, 2005, 30 TexReg 834; amended to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.8"><num value="4.8">§4.8</num><heading>Excused Absence for a Person Called to Required Military Service</heading><content>(a) Upon notice from a student required to participate in required military service, an institution shall excuse a student from attending classes or engaging in other required activities, including examinations.(b) A student shall not be penalized for an absence which is excused under this subsection and shall be allowed to complete an assignment or take an examination from which the student is excused within a reasonable time after the absence.(c) Each institution shall adopt a policy under this subsection which includes:(1) the retention of a student's course work completed during the portion of the course prior to the student being called to required military service;(2) the course syllabus or other instructional plan, so that the student will be able to complete the course without prejudice and under the same course requirements that were in effect when the student enrolled in the course;(3) a definition of a reasonable time after the absence for the completion of assignments and examinations;(4) procedures for failure of a student to satisfactorily complete the assignment or examination within a reasonable time after the absence; and(5) an institutional dispute resolution process regarding the policy.(d) The maximum period for which a student may be excused under this section shall be no more than 25% (twenty-five percent) of the total number of class meetings or the contact hour equivalent (not including the final examination period) for the specific course or courses in which the student is currently enrolled at the beginning of the period of required military service.(e) Institutions are directed to develop and publish policies and procedures to ensure that students enrolled in distance learning, self-paced, correspondence, and other asynchronous courses receive equivalent consideration for the purposes of determining acceptable duration of excused absences and time limits for the completion of course work following an excused absence under this section.</content><note type="source"><p>Source Note: The provisions of this §4.8 adopted to be effective May 22, 2019, 44 TexReg 2451; amended to be effective November 11, 2021, 46 TexReg 7598.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.9"><num value="4.9">§4.9</num><heading>Limitations on the Number of Courses that May be Dropped Under Certain Circumstances by Undergraduate Students</heading><content>(a) Beginning with the fall 2007 academic term, and applying to students who enroll in higher education for the first time during the fall 2007 academic term or any term subsequent to the fall 2007 term, an institution of higher education may not permit an undergraduate student a total of more than six dropped courses, including any course a transfer student has dropped at another institution of higher education, unless any of the conditions listed in subsection (b) of this section are met. If an institution adopts a policy allowing fewer than six dropped courses under Texas Education Code, §51.907(d), but a student at that institution meets the criteria in subsection (b) of this section, the institution shall allow that student to drop an additional course or courses.(b) An institution of higher education shall permit a student to drop more than six courses if the institution determines good cause exists. If one of the following situations has occurred, an institution shall consider it good cause for purposes of this chapter:(1) a disaster declared by the governor results in cessation or limitation of in-person course attendance by students at the institution of a duration determined by the institution to significantly affect the student's ability to participate in course work with consideration of the length of time of the cessation or limitation of in-person course attendance, the type of courses, and the personal circumstances of students affected by the disaster; or(2) the student shows good cause for dropping more than that number, including a showing of:(A) a severe illness or other debilitating condition that affects the student's ability to satisfactorily complete the course;(B) the student's responsibility for the care of a sick, injured, or needy person if the provision of that care affects the student's ability to satisfactorily complete the course;(C) the death of a person who is considered to be a member of the student's family or who is otherwise considered to have a sufficiently close relationship to the student that the person's death is considered to be a showing of good cause;(D) the active duty service as a member of the Texas National Guard or the armed forces of the United States of either the student or a person who is considered to be a member of the student's family or who is otherwise considered to have a sufficiently close relationship to the student that the person's active military service is considered to be a showing of good cause; or(E) other good cause as determined by the institution of higher education.(3) An institution shall permit a student who meets the criteria in this paragraph but does not meet the criteria in paragraphs (1) or (2) of this subsection to drop one additional course in addition to the number typically permitted by the institution's policy. If the institution has not adopted a policy under Texas Education Code, §51.907(d), such a student shall be permitted to drop a seventh course if:(A) the student has reenrolled at the institution following a break in enrollment from the institution or another institution of higher education covering at least the 24-month period preceding the first class day of the initial semester or other academic term of the student's reenrollment; and(B) the student successfully completed at least fifty semester credit hours of course work at an institution of higher education that have not been determined to be excess hours pursuant to §13.104(1) - (6) of this title (relating to Exemptions for Excess Hours) before that break in enrollment.(c) For purposes of this section, a "member of the student's family" is defined to be the student's spouse, child, father, mother, brother, sister, step-parent, step-child, or step-sibling.(d) For the purposes of this section, a "person who is otherwise considered to have a sufficiently close relationship to the student" may include any other relative within the second or third degree of consanguinity, close friends, roommates, or classmates.(e) An institution shall determine on a case-by-case basis whether a student demonstrates good cause due to the death of a person outlined in subsection (d) of this section.(f) An institution of higher education may not count toward the number of courses permitted to be dropped a course that the student dropped:(1) while enrolled in a baccalaureate degree program previously earned by the student; or(2) a dual credit or dual enrollment course that a student dropped before graduating from high school.(g) Each institution of higher education shall adopt a policy for determining a showing of good cause as specified in subsection (b) of this section and shall provide a copy of the policy to the Coordinating Board.(1) Each institution of higher education shall publish the policy adopted under this subsection in its catalogue and other print and Internet-based publications as appropriate for the timely notification of students.(2) The policy shall include a defined appeals process that complies with the Americans with Disabilities Act, 42 U.S.C. § 12101, for a student requesting to drop additional classes pursuant to the exception provided in subsection (b)(2)(A) of this section. An institution may institute an appeals process for students requesting an exemption under any of the other subsections.</content><note type="source"><p>Source Note: The provisions of this §4.9 adopted to be effective May 22, 2019, 44 TexReg 2451; amended to be effective November 11, 2021, 46 TexReg 7599; amended to be effective February 15, 2024, 49 TexReg 663; amended to be effective February 13, 2025, 50 TexReg 755.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.10"><num value="4.10">§4.10</num><heading>Common Admission Application Forms</heading><content>(a) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings:(1) Apply Texas Advisory Committee--An advisory committee composed of representatives of general academic teaching institutions, community college districts, public state colleges, and public technical institutes, authorized by Texas Education Code, §51.762 and established in accordance with Board rules, Chapter 1, Subchapter G, §§1.128 - 1.134 of this title (relating to Apply Texas Advisory Committee), to provide the Texas Higher Education Coordinating Board assistance in developing and implementing admissions application forms and procedures.(2) Apply Texas System--The state's system for applying for admission to Texas public institutions of higher education. The System includes an access portal for completing common application forms; help desks to provide users assistance; and a portal through which Texas high school counselors access status data regarding student progress in applying for admission to and financial aid for college.(b) Acceptance of Admission Applications.(1) Public community colleges, public state colleges, and public technical institutes shall accept freshman and undergraduate transfer applications submitted using the Board's electronic common admission application forms.(2) General academic teaching institutions shall accept freshman and undergraduate transfer applications submitted using either the Board's electronic or printed forms.(c) Common Application Forms.(1) General application information provided on the common application form shall include:(A) biographical information including gender, ethnicity, and date of birth;(B) educational information including coursework, extracurriculars, community and volunteer service, and awards/honors;(C) residency; and(D) certification of information.(2) Adjustments to Paper Forms. When sending a printed common application form to a student with or without other materials, an institution shall not alter the form in any way and shall include instructions for completing the form, general application information, and instructions for accessing a list of deadlines for all institutions.(d) Outreach to Public High Schools.(1) The Coordinating Board shall seek advice and recommendation(s) from high school counselors representative of diverse Texas public school districts regarding the common application and the Apply Texas System.(2) The Coordinating Board shall ensure that copies of the freshman common admission application forms and information for their use are available to appropriate personnel at each Texas public high school. The Coordinating Board will work with institutions and high schools to ensure that all high schools have access to either the printed or electronic common application forms.(e) Data to be Collected.(1) Common application forms are to include questions needed for determining an applicant's residence status with regard to higher education and other information the Board considers appropriate.(2) Each general academic teaching institution, public community college, public state college, and public technical institute shall collect information regarding gender, race/ethnicity, and date of birth as part of the application process and report this information to the Coordinating Board. Common application forms do not have to be the source of those data.(3) Institutions of higher education may require an applicant to submit additional information within a reasonable time after the institution has received a common application form.(f) Publicity. The Board shall publicize in both electronic and printed formats the availability of the common admission forms.(g) Subcontract for Technical Support. The Coordinating Board shall enter into a contract with a public institution of higher education or third-party vendor to maintain the electronic common application system for use by the public in applying for admission to participating institutions and for distribution of the electronic application to the participating institutions designated by the applicant.(h) Costs.(1) Participating institutions may charge a reasonable fee for the filing of a common application form.(2) Operating costs of the system may be paid for by all institutions required to use the common application plus independent and health-related institutions that contract to use the electronic application.(3) Each participating institution may pay a portion of the cost based on the percentage of its enrollment compared to the total enrollment of all participating institutions based on the certified enrollment data of the most recent fall semester. The Coordinating Board will monitor the cost of the system and notify the institutions on an annual basis of their share of the cost. Billings for the services for the coming year will be calculated and sent to the institutions by September 1 of each fiscal year and payments must be received no later than December 1 of each fiscal year.(4) The Coordinating Board may send participating institutions reminders of payment amounts and the due date. Institutions failing to pay their share of the cost by the due date may be denied access to in-coming application data until such time that payments are received.</content><note type="source"><p>Source Note: The provisions of this §4.10 adopted to be effective May 22, 2019, 44 TexReg 2451; amended to be effective February 15, 2023, 48 TexReg 669; amended to be effective May 16, 2024, 49 TexReg 3239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scA/s4.11"><num value="4.11">§4.11</num><heading>Tracking Participation of Students with Intellectual and Developmental Disabilities (IDD)</heading><content>(a) For the purpose of this rule, Intellectual and Developmental Disability (IDD) will be defined as a neurodevelopmental disorder that must meet the following criteria:(1) Deficits in intellectual functions, such as reasoning, problem solving, planning, abstract thinking, judgement, academic learning, and learning from experience.(2) Deficits in adaptive functioning that result in failure to meet developmental and sociocultural standards for personal independence and social responsibility. Without ongoing support, the adaptive deficits limit functioning in one or more activities of daily life, such a communication, social participation, and independent living, across multiple environments, such as home, school, work and community.(3) Paragraphs (1) and (2) of this subsection may occur after the developmental period (such as in the case of a traumatic brain injury).(4) Students with IDD may include those diagnosed with an Autism Spectrum Disorder.(b) For the purpose of this rule, "postsecondary transitional program or postsecondary program for students with IDD" will be defined as a degree, certificate or non-degree program for students with IDD that is offered by an institution of higher education. These programs are designed to support students with IDD who want to continue academic, career, and independent living instruction following completion of secondary education.(c) The Coordinating Board may collect, as part of its ongoing regular data collection process, information about students with IDD for the purpose of analyzing factors affecting the college participation and outcomes of persons with IDD at public institutions of higher education. Institutions may only report students who have been identified through self-identification and/or documented receipt of special services. Students who do not self-identify will not be reflected in the data. Institutions may, but are not required to, collect consent forms regarding reporting of the data outlined in subsection (d) of this section from students who have self-identified with an IDD. In the case where a student has an appointed legal guardian, the guardian will act on behalf of the student for the purposes of this rule.(d) All public institutions of higher education shall provide to the Coordinating Board data, as specified in subsection (e) of this section, regarding the enrollment of individuals with IDD in their undergraduate, graduate and technical continuing education programs. Data about these students' participation in postsecondary transitional programs or postsecondary programs for students with IDD will also be collected, but student-level data will not be collected for students enrolled in these programs unless they are also enrolled in credit-bearing college-level coursework or technical continuing education. Institutions of higher education and the Coordinating Board shall follow all federal privacy requirements under the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA) when collecting and reporting data for the purposes of this rule.(e) Two additional items will be added to the CBM Student Reports (CBM001, CBM00A, and CBM0E1) for the purposes of this ongoing study. The definitions in subsection (a) and (b) of this section will apply to the data collection for these items.(1) An item with three options in which the student is reported as:(A) not identified as having an IDD;(B) identified as having an IDD;(C) identified as having an autism spectrum developmental disorder but not an intellectual disability.(2) An item with three options indicating if:(A) the student never participated in a postsecondary transitional program or postsecondary program for students with IDD;(B) the student participated in a postsecondary transitional program or postsecondary program for students with IDD;(C) it is unknown if the student ever participated in a postsecondary transitional program or postsecondary program for students with IDD.(f) Access to the identifiers above in the CBM Student Report which indicate if an enrolled student has an IDD as defined will not be made available to the Education Research Centers, established under Texas Education Code §1.005, as part of regular data requests unless this information is specified and approved by the advisory board established under Texas Education Code §1.006 as relating to the research study proposed.</content><note type="source"><p>Source Note: The provisions of this §4.11 adopted to be effective May 22, 2019, 44 TexReg 2451.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scAA"><num value="AA">SUBCHAPTER AA</num><heading>TEXAS FIRST EARLY HIGH SCHOOL COMPLETION PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scAA/s4.400"><num value="4.400">§4.400</num><heading>Authority and Purpose</heading><content>(a) Authority. The authority for this subchapter is Texas Education Code, §28.0253, establishing the Texas First Early High School Completion Program to allow public high school students who demonstrate early readiness for college to graduate early from high school.(b) Purpose. The purpose of the Texas First Early High School Completion Program, in conjunction with the Texas First Scholarship Program established under Texas Education Code, chapter 56, subchapter K-1, is to promote efficiency in the state public education system and incentivize the enrollment of high performing students at eligible institutions within the state of Texas.</content><note type="source"><p>Source Note: The provisions of this §4.400 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scAA/s4.401"><num value="4.401">§4.401</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless otherwise defined in the subchapter:(1) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(2) Eligible Institution--An institution of higher education according to Texas Education Code, §61.003.(3) Institution of Higher Education--An institution of higher education according to Texas Education Code, §61.003.(4) Open-Enrollment Charter--Has the meaning assigned by Texas Education Code, §12.002(3) and subchapter D.(5) Program--The Texas First Early High School Completion Program established under this section includes an open-enrollment charter high school or high school that is within a Texas school district.</content><note type="source"><p>Source Note: The provisions of this §4.401 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scAA/s4.402"><num value="4.402">§4.402</num><heading>Eligibility for Texas First Diploma</heading><content>(a) Notwithstanding any other state or local law, a school district or open-enrollment charter school shall allow a student to graduate and receive a high school diploma under the Texas First Early High School Completion Program if the student meets the criteria established in paragraphs (1) and (2) of this subsection. A student who achieves a required score on an assessment to meet the requirement of any one of paragraphs (1) and (2) of this subsection, shall be allowed to use that same assessment to meet the requirement of another section if the student's score meets the required minimum for each section.(1) The student has met the following minimum criteria at the time of graduation:(A) Earned at least twenty-two (22) high school credits by any permissible method, including credit by examination;(B) Earned a final Grade Point Average equivalent to 3.0 on a 4.0 scale;(C) Earned an overall scaled score in at least the 80th percentile on one or more of the following assessments: ACT, SAT, PSAT/NMSQT, TSIA/TSIA2, or GED, or alternatively, has a grade point average in the top ten percent of the student's current class during the current or semester prior to the counselor's or administrator's verification under subsection (b) of this section of a student's eligibility for early graduation under the Program; and(D) Completed the requirement for the State of Texas Assessments of Academic Readiness End-of-Course (STAAR EOC) examinations for English I or II, Algebra I, and Biology by one of the following methods:(i) If the student has taken the STAAR EOC for English I or II, Algebra I, and Biology, the student has achieved the satisfactory level of performance as defined by the Commissioner of Education; or(ii) If the student has not taken the required STAAR EOC assessment for English I or II, Algebra I, or Biology, the student has satisfied the STAAR EOC requirement by achieving a passing score on a substitute assessment for that subject area authorized under Texas Administrative Code, Title 19, Part 2, chapter 101, subchapter DD, §101.4002(b) (relating to State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments).(2) The student has demonstrated the student's mastery of each subject area of English/Language Arts, Mathematics, Science, Social Studies, and a language other than English through assessments or other means eligible institutions commonly use to place students in courses that may be credited toward degree program requirements. A student may demonstrate mastery of each subject area, as applicable, by meeting one or more of the following criteria:(A) Earning a score on the STAAR EOC assessment that meets the college readiness standards necessary to be exempt from application of the Texas Success Initiative as set out in §4.54 of this chapter (relating to Exemption);(B) Credit earned in a course in the core curriculum of an institution of higher education in which the student received at least a C; or(C) Meeting the standards on the assessments set out in Figure: 19 TAC §4.402(a)(2)(C).Attached Graphic(b) A counselor or administrator at the public school of a student who is eligible for early graduation under the Program must verify that the student meets the requirements in subsection (a)(1) and (2) of this section using a method established by the Coordinating Board prior to issuing a diploma to the student under this Program. A student is responsible for providing the official copy of the assessment results to their counselor or administrator to verify these requirements. (c) A school that issues a diploma under the Program shall require the minimum number of assessments to demonstrate that the student meets the criteria established in subsection (a)(1) and (2) of this section and may not require a student to take any other STAAR End-of-Course assessment to graduate under the Program, except as required by this section.</content><note type="source"><p>Source Note: The provisions of this §4.402 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scAA/s4.403"><num value="4.403">§4.403</num><heading>Diploma Equivalency</heading><content>A student who graduates early through the Program is considered to have earned a diploma with a distinguished level of achievement under Texas Education Code, §28.025. The school district must provide each student who earns a Program diploma with a designation of distinguished level of achievement on the student's diploma.</content><note type="source"><p>Source Note: The provisions of this §4.403 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scAA/s4.404"><num value="4.404">§4.404</num><heading>Notice to Students</heading><content>Each high school must provide a written notification to each high school student and the student's parent or guardian listing the eligibility criteria for the Texas First Early High School Completion Program and Texas First Scholarship Program. The school must provide the notice to each student and the student's parent or guardian upon the student's initial enrollment in high school. The notice must include information about the requirement that a student must provide an official copy of their assessment results and transcripts, as applicable, to receive credit for the assessments and credits required to receive early graduation from the Program.</content><note type="source"><p>Source Note: The provisions of this §4.404 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scAA/s4.405"><num value="4.405">§4.405</num><heading>Satisfaction of Other Requirements</heading><content>(a) A student who meets all Program requirements according to §4.402 of this subchapter (relating to Eligibility for Texas First Diploma) has met the requirements of the Texas Success Initiative according to Texas Education Code, chapter 51.(b) A student who meets all Program requirements according to §4.402 of this subchapter has met the initial eligibility requirements of the TEXAS Grant program, as authorized by the Toward EXcellence, Access, and Success Grant Program under the Texas Education Code, §56.3041.</content><note type="source"><p>Source Note: The provisions of this §4.405 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scB"><num value="B">SUBCHAPTER B</num><heading>TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.21"><num value="4.21">§4.21</num><heading>Purpose</heading><content>The purpose of this subchapter is to provide for the development and implementation of policies that encourage the free and appropriate transferability of lower division course credit among institutions of higher education, and especially to provide for the smooth transfer of lower division credit through core curricula, field of study curricula, and a procedure for the resolution of transfer disputes.</content><note type="source"><p>Source Note: The provisions of this §4.21 adopted to be effective April 8, 2021, 46 TexReg 2209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.22"><num value="4.22">§4.22</num><heading>Authority</heading><content>The Board is authorized to adopt rules related to the Core Curricula, Field of Study Curriculum, and a transfer dispute resolution process under Texas Education Code, §§51.315, 61.052, 61.821 - 61.828, 61.832, and 61.834.</content><note type="source"><p>Source Note: The provisions of this §4.22 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective May 16, 2024, 49 TexReg 3239; amended to be effective February 11, 2026, 51 TexReg 722.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.23"><num value="4.23">§4.23</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic Associate Degree--A type of degree program generally intended to transfer to an upper-level baccalaureate program that will satisfy the lower-division requirements for a baccalaureate degree in a specific discipline. The Academic Associate Degree includes, but is not limited to, the Associate of Arts (A.A.), Associate of Science (A.S.), or Associate of Arts in Teaching (A.A.T.) degrees.(2) Applied Associate Degree--A type of degree program designed to lead the individual directly to employment in a specific career. The Applied Associate Degree Program includes, but is not limited to, the Associate of Applied Arts (A.A.A.) or Associate of Applied Science (A.A.S.).(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(4) Commissioner--The Commissioner of Higher Education.(5) Core Curriculum or Texas Core Curriculum--The curriculum in the liberal arts, humanities, sciences, and political, social, and cultural history that all undergraduates of an institution of higher education are required to complete before receiving an academic undergraduate degree. Core curriculum provisions apply to all institutions of higher education that offer academic undergraduate degree programs.(6) Directed Electives--A set of courses within a major course of study, consisting of at least six semester credit hours, specific to each general academic teaching institution and prescribed by the faculty of each general academic teaching institution. Directed Electives form part of the Field of Study Curriculum.(7) Discipline Foundation Courses (DFC)--A set of courses within a major course of study, consisting of up to twelve (12) semester credit hours. The Discipline Foundation Courses form part of the Field of Study Curriculum.(8) Discipline-Specific Subcommittee--A subcommittee established under Title 19, Chapter 1, Subchapter V, §1.242 and §1.243. Each subcommittee is comprised of faculty from general academic teaching institutions and public junior colleges in a single discipline.(9) Faculty Member--A person employed full-time by an institution of higher education as a member of the faculty whose primary duties include teaching, research, academic service, or administration. However, the term does not include a person holding faculty rank who spends a majority of the person's time for the institution engaged in managerial or supervisory activities, including a chancellor, vice chancellor, president, vice president, provost, associate of assistant provost, or dean.(10) Field of Study Curriculum-- A set of courses that will satisfy lower-division requirements for an academic major at a general academic teaching institution. The Field of Study Curriculum has three components: (a) selected discipline-relevant Texas Core Curriculum courses, (b) the Discipline Foundation Courses, and (c) the Directed Electives.(11) General Academic Teaching Institution--An institution of higher education defined in Texas Education Code, §61.003(3).(12) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, other agency of higher education as defined in Texas Education Code, §61.003(8).(13) Lower-Division Academic Course Guide Manual (ACGM)--A Board-approved publication listing academic courses that public two-year colleges may teach and report for contact hour reimbursement from state appropriations without special approval from the Board. Courses (except for developmental courses) listed in the ACGM are freely transferable among all public institutions of higher education in Texas in accordance with the Texas Education Code, §61.822.(14) Public Junior College--An institution of higher education defined in Texas Education Code, §61.003(2).(15) Texas Common Course Numbering System (TCCNS)--A Board-approved course numbering system for lower-division academic courses that assigns common course numbers in order to facilitate the transfer of lower-division academic courses among institutions of higher education by promoting consistency in course designation and identification.(16) Texas Transfer Advisory Committee--The advisory committee established under Title 19, Chapter 1, Subchapter V. The Texas Transfer Advisory Committee has responsibility for advising the Commissioner and Board on Field of Study Curricula, including their establishment and revision. The Texas Transfer Advisory Committee may request to form a Discipline-Specific Committee to assist in the development of a Field of Study Curriculum.</content><note type="source"><p>Source Note: The provisions of this §4.23 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective May 16, 2024, 49 TexReg 3239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.24"><num value="4.24">§4.24</num><heading>General Provisions</heading><content>(a) All successfully completed lower-division academic courses that are identified by the Texas Common Course Numbering System (TCCNS) and published in the Lower-Division Academic Course Guide Manual (ACGM) shall be fully transferable among public institutions and shall be substituted for the equivalent course at the receiving institution. Except in the case of courses belonging to a Board-approved Field of Study Curriculum (FOSC), applicability of transferred courses to requirements for specific degree programs is determined by the receiving institution.(b) Nothing in this subchapter restricts the authority of an institution of higher education to adopt its own admission standards in compliance with this subchapter or its own grading policies so long as it treats transfer students and native students in the same manner.(c) Institutional policies regarding acceptance of credit for correspondence courses, credit-by-examination, and other credit-earning instruments must be consistent with Southern Association of Colleges and Schools' guidelines and must treat transfer students and native students in the same manner.(d) This subchapter applies specifically to academic courses and degree programs and does not apply to technical courses or technical degree programs.</content><note type="source"><p>Source Note: The provisions of this §4.24 adopted to be effective April 8, 2021, 46 TexReg 2209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.25"><num value="4.25">§4.25</num><heading>Requirements and Limitations</heading><content>(a) Each institution of higher education shall identify in its undergraduate catalog each lower-division course that is substantially equivalent to an academic course listed in the current edition of the Lower Division Academic Course Guide Manual.(b) Each institution of higher education that offers lower-division courses must offer at least 45 semester credit hours of academic courses that are substantially equivalent to courses listed in the Lower Division Academic Course Guide Manual including those that fulfill the lower-division portion of the institution's core curriculum.(c) All institutions of higher education must accept transfer of credit for successfully completed courses identified in subsections (a) and (b) of this section as applicable to an associate or baccalaureate degree in the same manner as credit awarded to non-transfer students in that degree program.(d) Each institution must accept the same number of lower-division semester credit hours from transfer students as required for non-transfer students in the same baccalaureate program; however,(1) An institution is not required to accept in transfer more semester credit hours in the major area of a degree program than the number set out in any applicable Board-approved Field of Study Curriculum for that program.(2) In any degree program for which there is no Board-approved Field of Study Curriculum, an institution is not required to accept in transfer more lower-division course credit in the major applicable to a baccalaureate degree than the institution allows their non-transfer students in that major.(3) An institution of higher education is not required to transfer credit in courses in which the student earned a "D" in the student's Field of Study Curriculum courses, Core Curriculum courses, or major.(e) Each institution of higher education that admits undergraduate transfer students shall provide support services appropriate to meet the needs of transfer students. These support services should be comparable to those provided to non-transfer students regularly enrolled at the institution, including an orientation program similar to that provided for entering freshman enrollees.(f) An institution of higher education is not required to accept in transfer, or apply toward a degree program, more than sixty-six (66) semester credit hours of lower-division academic credit. Institutions of higher education, however, may choose to accept additional semester credit hours.(g) Each institution of higher education shall permit a student who transfers from another Texas public institution of higher education to choose a catalog for the purpose of specifying graduation requirements, based upon the dates of attendance at the receiving institution and at the transferring institution, in the same manner that a non-transfer student may choose a catalog. Each Texas public institution of higher education shall include information about graduation requirements under a particular catalog in its official publications, including print and electronic catalogs.(h) Each institution of higher education shall post on the institution's website the minimum requirements to be accepted as a transfer student at the institution.</content><note type="source"><p>Source Note: The provisions of this §4.25 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective February 11, 2026, 51 TexReg 722.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.26"><num value="4.26">§4.26</num><heading>Penalty for Noncompliance with Transfer Rules</heading><content>If it is determined by the Board that an institution inappropriately or unnecessarily required a student to retake a course that is substantially equivalent to a course already taken at another institution, in violation of the provisions of §4.25 of this title (relating to Requirements and Limitations), formula funding for credit hours in the repeated course will be deducted from the institution's appropriation.</content><note type="source"><p>Source Note: The provisions of this §4.26 adopted to be effective April 8, 2021, 46 TexReg 2209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.27"><num value="4.27">§4.27</num><heading>Resolution of Transfer Disputes for Lower-Division Courses</heading><content>(a) Each institution of higher education shall apply the following procedures in the resolution of credit transfer disputes involving lower-division courses: (1) If an institution of higher education does not accept and apply a course included in the field of study curriculum for the program in which a student is enrolled or a course in the core curriculum earned by a student at another institution of higher education, the receiving institution shall give written notice to the student and to the sending institution that it intends to deny the transfer of the course credit and shall: (A) include in that notice the reasons for the proposed denial;(B) attach the procedures for resolution of transfer disputes as outlined in this section to the notice. The notice and procedure must include:(i) the name and contact information for the designated official at the receiving institution who is authorized to resolve the credit transfer dispute;(ii) clear instructions for appealing the decision to the Commissioner.(2) A student who receives notice as specified in paragraph (1) of this subsection may dispute the denial of credit by contacting a designated official at the receiving institution.(3) The two institutions and the student shall attempt to resolve the transfer of the course credit in accordance with this section. An institution that proposes to deny the credit shall resolve the dispute not later than the 45th day after the date that the student enrolls at the institution.(4) If the student or the sending institution is not satisfied with the resolution of the credit transfer dispute, the receiving institution shall notify the Commissioner of the proposed denial of credit in a manner prescribed by the Board.(5) The student or the sending institution may also notify the Commissioner of the denial of the course credit and the reasons for denial in a manner prescribed by the Board.(b) Not later than the 20th business day after the date that the Commissioner receives the notice of dispute concerning the application of credit for course(s) in the core curriculum or field of study curriculum, the Commissioner or the Commissioner's designee shall make the final determination about a credit transfer dispute and give written notice of the determination to the student and each institution.(c) If the Commissioner or the Commissioner's designee determines that an institution may not deny the transfer of credit for course(s) in the core curriculum or the field of study curriculum, the receiving institution shall accept and apply the credit toward the core curriculum or the field of study as determined by the Commissioner or the Commissioner's designee.(d) A decision under this section is not a contested case. The Commissioner or the Commissioner's designee's decision is final and may not be appealed. Each transfer credit dispute resolved by the Commissioner shall be posted on the Board website, including the final determination.(e) Each institution of higher education shall publish in its course catalogs the procedures specified in this section.(f) The Board shall collect data on the types of transfer disputes that are reported and the disposition of each case that is considered by the Commissioner or the Commissioner's designee.</content><note type="source"><p>Source Note: The provisions of this §4.27 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective May 16, 2024, 49 TexReg 3239; amended to be effective November 13, 2025, 50 TexReg 7238.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.28"><num value="4.28">§4.28</num><heading>Core Curriculum</heading><content>(a) General.(1) In accordance with Texas Education Code, §§61.821 - 61.832, each institution of higher education that offers an undergraduate academic degree program, under the direction of the institution's governing board, shall design and implement a core curriculum, including specific courses composing the curriculum, of no less than 42 lower-division semester credit hours.(2) No upper-division course shall be approved to fulfill a foundational component area requirement in the core curriculum if it is substantially comparable in content or depth of study to a lower-division course listed in the Lower-Division Academic Course Guide Manual.(3) Medical or dental units that admit undergraduate transfer students should encourage those students to complete their core curriculum requirement at a general academic teaching institution or public junior college.(4) Each institution's governing board shall ensure all courses in the core curriculum of each institution of higher education: (A) are foundational and fundamental to a sound postsecondary education;(B) are necessary to prepare students for civic and professional life;(C) equip students for participation in the workforce and in the betterment of society; and(D) ensure a breadth of knowledge in compliance with applicable accreditation standards.(b) Texas Core Curriculum. Each institution of higher education that offers an undergraduate academic degree program shall develop its core curriculum by using the Board-approved purpose, core objectives, and foundational component areas of the Texas Core Curriculum. (1) Statement of Purpose. Through the Texas Core Curriculum, students will gain a foundation of knowledge of human cultures and the physical and natural world, develop principles of personal and social responsibility for living in a diverse world, and advance intellectual and practical skills that are essential for all learning.(2) Core Objectives. Through the Texas Core Curriculum, students will prepare for contemporary challenges by developing and demonstrating the following core objectives:(A) Critical Thinking Skills: to include creative thinking, innovation, inquiry, and analysis, evaluation and synthesis of information; (B) Communication Skills: to include effective development, interpretation and expression of ideas through written, oral and visual communication;(C) Empirical and Quantitative Skills: to include the manipulation and analysis of numerical data or observable facts resulting in informed conclusions;(D) Teamwork: to include the ability to consider different points of view and to work effectively with others to support a shared purpose or goal;(E) Personal Responsibility: to include the ability to connect choices, actions and consequences to ethical decision-making; and(F) Social Responsibility: to include intercultural competence, knowledge of civic responsibility, and the ability to engage effectively in regional, national, and global communities.(3) Foundational Component Areas with Content Descriptions, Core Objectives and Semester Credit Hour (SCH) Requirements. Each institution's core curriculum will be composed of courses that adhere to the content description, core objectives, and semester credit hour requirements for a specific component area. The foundational component areas are:(A) Communication (6 SCH).(i) Courses in this category focus on developing ideas and expressing them clearly, considering the effect of the message, fostering understanding, and building the skills needed to communicate persuasively.(ii) Courses involve the command of oral, aural, written, and visual literacy skills that enable people to exchange messages appropriate to the subject, occasion, and audience.(iii) The following four Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, Teamwork, and Personal Responsibility. (B) Mathematics (3 SCH).(i) Courses in this category focus on quantitative literacy in logic, patterns, and relationships.(ii) Courses involve the understanding of key mathematical concepts and the application of appropriate quantitative tools to everyday experience.(iii) The following three Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, and Empirical and Quantitative Skills.(C) Life and Physical Sciences (6 SCH).(i) Courses in this category focus on describing, explaining, and predicting natural phenomena using the scientific method.(ii) Courses involve the understanding of interactions among natural phenomena and the implications of scientific principles on the physical world and on human experiences.(iii) The following four Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, Empirical and Quantitative Skills, and Teamwork.(D) Language, Philosophy, and Culture (3 SCH).(i) Courses in this category focus on how ideas, values, beliefs, and other aspects of culture express and affect human experience. (ii) Courses involve the exploration of ideas that foster aesthetic and intellectual creation in order to understand the human condition across cultures.(iii) The following four Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, Personal Responsibility, and Social Responsibility.(E) Creative Arts (3 SCH).(i) Courses in this category focus on the appreciation and analysis of creative artifacts and works of the human imagination.(ii) Courses involve the synthesis and interpretation of artistic expression and enable critical, creative, and innovative communication about works of art.(iii) The following four Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, Teamwork, and Social Responsibility. (F) American History (6 SCH).(i) Courses in this category focus on the consideration of past events and ideas relative to the United States, with the option of including Texas History for a portion of this component area.(ii) Courses involve the interaction among individuals, communities, states, the nation, and the world, considering how these interactions have contributed to the development of the United States and its global role.(iii) The following four Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, Personal Responsibility, and Social Responsibility.(G) Government/Political Science (6 SCH).(i) Courses in this category focus on consideration of the Constitution of the United States and the constitutions of the states, with special emphasis on that of Texas.(ii) Courses involve the analysis of governmental institutions, political behavior, civic engagement, and their political and philosophical foundations.(iii) The following four Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, Personal Responsibility, and Social Responsibility.(H) Social and Behavioral Sciences (3 SCH).(i) Courses in this category focus on the application of empirical and scientific methods that contribute to the understanding of what makes us human.(ii) Courses involve the exploration of behavior and interactions among individuals, groups, institutions, and events, examining their impact on the individual, society, and culture.(iii) The following four Core Objectives must be addressed in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, Empirical and Quantitative Skills, and Social Responsibility.(4) Component Area Option (6 SCH).(A) Except as provided in subparagraph (B) of this paragraph, each course designated to complete the Component Area Option must meet the definition and Core Objectives specified in one of the foundational component areas outlined in paragraph (3)(A) - (H) of this subsection.(B) As an option for up to three (3) semester credit hours of the Component Area Option, an institution may certify that the course(s):(i) Meet(s) the definition specified for one or more of the foundational component areas; and(ii) Include(s) a minimum of three Core Objectives, including Critical Thinking Skills, Communication Skills, and one of the remaining Core Objectives of the institution's choice.(C) For the purposes of gaining approval for or reporting a Component Area Option course under subparagraph (B) of this paragraph, an institution is not required to notify the Board of the specific foundational component area(s) and Core Objectives associated with the course(s).(c) Transfer of Credit--Completed Core Curriculum. If a student successfully completes the 42 semester credit hour core curriculum at a Texas public institution of higher education, that block of courses must be substituted in transfer to any other Texas public institution of higher education for the receiving institution's core curriculum. A student shall receive academic credit for each of the courses transferred and may not be required to take additional core curriculum courses at the receiving institution.(d) Concurrent Enrollment.(1) A student concurrently enrolled at more than one institution of higher education shall follow the core curriculum requirements in effect for the institution at which the student is classified as a degree-seeking student.(2) A student who is concurrently enrolled at more than one institution of higher education may be classified as a degree-seeking student at only one institution.(3) If a student maintains continuous enrollment from a spring semester to the subsequent fall semester at an institution at which the student has declared to be seeking a degree, the student remains a degree-seeking student at that institution regardless of the student's enrollment during the intervening summer session(s) at another institution.(e) Transfer of Credit--Core Curriculum Not Completed. Except as specified in subsection (f) of this section, a student who transfers from one institution of higher education to another without completing the core curriculum of the sending institution must receive academic credit within the core curriculum of the receiving institution for each of the courses that the student has successfully completed in the core curriculum of the sending institution. Following receipt of credit for these courses, the student may be required to satisfy the remaining course requirements in the core curriculum of the receiving institution.(f) Satisfaction of Foundational Component Areas. Each student must meet the number of semester credit hours in each foundational component area; however, an institution receiving a student in transfer is not required to apply to the fulfillment of a foundational component area requirement semester credit hours beyond the number of semester credit hours specified in a foundational component area.(g) A course may only apply to a single foundational component area. If the SCH for a course in a foundational component exceed the number of SCH allotted in that foundational component area, the excess SCH must either be applied to the Component Area Option or as part of the specific degree requirements, such that the additional SCH will not increase the number of required SCH to complete the degree.(h) Transcripts. All undergraduate student transcripts shall indicate whether a student has completed the core curriculum satisfactorily, and which courses satisfied a requirement of the institution's core curriculum. Identifying numbers recommended by the Texas Association of Collegiate Registrars and Admissions Officers (TACRAO) must identify each completed core curriculum course on students' transcripts, in order to indicate courses utilized to satisfy core curriculum foundational component area requirements as follows:(1) Communication = 010;(2) Mathematics = 020;(3) Life and Physical Sciences = 030;(4) Language, Philosophy and Culture = 040;(5) Creative Arts = 050;(6) American History = 060;(7) Government/Political Science = 070;(8) Social and Behavioral Sciences = 080; and(9) Component Area Option = 090.(i) Notice. Each institution shall publish and make readily available to students its core curriculum requirements stated in terms consistent with the Texas Common Course Numbering System.(j) Substitutions and Waivers. No institution or institutional representative may approve course substitutions or waivers of the institution's core curriculum requirements for any currently enrolled student, except as provided in subsection (k) of this section. For students who transfer to an institution of higher education from a college or university that is not an institution of higher education, the institution shall review the courses the student completed prior to admission to determine whether they apply to one of the institution's core curriculum component areas. Only those courses the institution has accepted for transfer that can demonstrate fulfillment of the foundational component area content descriptions, core objectives, and semester credit hours required for the appropriate foundational component area or areas shall be applied to the institution's core curriculum.(k) Accommodations.(1) An institution of higher education may, on a case-by-case basis, approve an accommodation of a specific core curriculum foundational component area requirement as described in paragraph (3) of this subsection for a student with a medically-documented learning disability, including but not limited to dyslexia, dysgraphia, or Asperger's Syndrome.(2) Accommodation shall not include a waiver or exemption of any core curriculum requirement.(3) An institution may approve for core curriculum applicability a course the institution offers but that is not approved as a part of the institution's core curriculum, if the institution demonstrates that the course has been approved to fulfill the same specific foundational component area requirement at five or more other institutions of higher education. The Texas Common Course Numbering System course number may be used as evidence of the suitability of the course under this subsection.</content><note type="source"><p>Source Note: The provisions of this §4.28 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective February 11, 2026, 51 TexReg 722.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.29"><num value="4.29">§4.29</num><heading>Core Curricula Other than 42 Semester Credit Hours</heading><content>(a) No institution may adopt a core curriculum of more than 42 semester credit hours.(b) An institution may, with Board approval, have a core curriculum of fewer than 42 semester credit hours for an associate degree program if it would facilitate the award of a degree or transfer of credit.</content><note type="source"><p>Source Note: The provisions of this §4.29 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective May 16, 2024, 49 TexReg 3239; amended to be effective February 11, 2026, 51 TexReg 722.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.30"><num value="4.30">§4.30</num><heading>Core Curriculum Review</heading><content>(a) Required Governing Board Core Curriculum Review.(1) Not less than once every five years, the governing board of each institution of higher education shall conduct a comprehensive review of the general education curriculum established by the institution. In reviewing an institution's general education curriculum, the governing board shall ensure courses in the curriculum align with statutory requirements in Texas Education Code, §51.315 (b)(1) - (4), and §4.28 of this subchapter (relating to Core Curriculum).(2) In reviewing the general education curriculum of an institution of higher education under (a)(1) of this subsection, the governing board of the institution shall consider the potential costs the curriculum may impose on students, including for additional tuition, fees, and time a student must spend to complete an undergraduate degree program at the institution.(3) Not later than January 1 following the year in which a governing board conducted a review under this section, the governing board of each institution of higher education shall certify the governing board's compliance with this section to the Board and each standing legislative committee and subcommittee with primary jurisdiction over higher education.(b) Each governing board shall conduct its initial review in 2026 and make initial certification not later than January 1, 2027.</content><note type="source"><p>Source Note: The provisions of this §4.30 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective February 11, 2026, 51 TexReg 722.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.31"><num value="4.31">§4.31</num><heading>Revision of Core Curricula</heading><content>(a) Each institution of higher education shall annually submit any changes to its core curriculum to its governing board. A governing board, on its own or based on the recommendation of a committee appointed under Texas Education Code, §51.315(e), may overturn any change made by the institution to its core curriculum.(b) An institution of higher education shall annually submit to the Board a list of core curriculum courses, including any changes in the general education curriculum submitted by the institution to its governing board, offered at each institution of higher education under the governing board's control for the purpose of updating the Board's core curriculum inventory.(1) An institution of higher education shall include in its submission the Texas Common Course Number associated with each core curriculum course, if applicable, as required under §4.28(i) of this subchapter (relating to Core Curriculum).(2) Upon submission, a governing board shall certify compliance with this subchapter on a form provided by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §4.31 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective February 11, 2026, 51 TexReg 722.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.32"><num value="4.32">§4.32</num><heading>Field of Study Curriculum</heading><content>(a) In accordance with Texas Education Code, §61.823, the Board is authorized to approve Field of Study Curricula for certain fields of study/academic disciplines. The Board delegates to the Commissioner development of Field of Study Curricula with the assistance of the Texas Transfer Advisory Committee, as defined by Title 19, Subchapter V, Chapter 1. The Texas Transfer Advisory Committee is responsible for convening Discipline-Specific Subcommittees. Discipline-Specific Subcommittees shall provide subject-matter expertise to the Texas Transfer Advisory Committee in developing Field of Study Curricula in specific disciplines.(b) A complete Field of Study Curriculum will consist of the following components:(1) Selected Texas Core Curriculum courses.(A) Selected Texas Core Curriculum courses relevant to the discipline may be included in the Field of Study Curriculum for that discipline.(B) Discipline-Specific Subcommittees are responsible for identifying discipline-relevant courses from a list of all Texas Core Curriculum courses provided by the Board that may be used to satisfy core curriculum requirements. Each Discipline-Specific Subcommittee shall recommend identified Texas Core Curriculum courses to the Texas Transfer Advisory Committee.(C) The Texas Transfer Advisory Committee shall recommend the Texas Core Curriculum courses selected for inclusion in a Field of Study Curriculum to the Commissioner who may approve or deny the inclusion of the recommended Texas Core Curriculum courses in the Field of Study Curriculum.(D) Each institution of higher education must publish on its public website in manner easily accessed by students the Texas Core Curriculum courses selected for inclusion in a Field of Study Curriculum with the cross-listed TCCNS course number.(2) Discipline Foundation Courses (DFC).(A) Discipline Foundation Courses are a set of courses within a major course of study selected for inclusion in a Field of Study Curriculum for that discipline. These courses will apply toward undergraduate degrees within the Field of Study Curriculum at all Texas public institutions that offer a corresponding major or track, except for those institutions approved to require alternative Discipline Foundation Courses under §4.35 of this subchapter (relating to Petition for Substitute Discipline Foundation Courses).(B) Each receiving institution must apply the semester credit hours a student has completed in a Discipline Foundation Course upon the student's transfer into a corresponding major or track. The sending institution must indicate Discipline Foundation Courses on the transfer student's transcript.(C) Discipline-Specific Subcommittees are responsible for identifying discipline-relevant courses for inclusion on the Discipline Foundation Courses list. The Discipline-Specific Subcommittees must select from courses listed in the Lower-Division Academic Course Guide Manual. Each Discipline-Specific Subcommittee shall report this course list to the Texas Transfer Advisory Committee.(D) The Texas Transfer Advisory Committee shall recommend the Discipline Foundation Courses selected by the Discipline Specific Subcommittees for inclusion in a Field of Study Curriculum to the Commissioner. The Commissioner may approve or deny the Discipline Foundation Courses recommended by the Texas Transfer Advisory Committee for inclusion in a Field of Study Curriculum.(E) General academic teaching institutions may submit a request for a substitute set of Discipline Foundation Courses for a specific program of study according to the process in §4.35 of this subchapter.(F) Each institution of higher education must report to the Coordinating Board and publish on its public website in manner easily accessed by students the Discipline Foundation Courses with the cross-listed TCCNS course numbers for each course.(G) The Commissioner must publish the list of Discipline Foundation Courses for each approved Field of Study Curriculum on the agency website with the cross-listed TCCNS course number for each course.(3) Directed Electives.(A) Directed Electives are a set of courses that apply toward a major course of study within a Field of Study Curriculum at a specific general academic teaching institution.(B) Faculty from each general academic teaching institution may select a list of Directed Electives for the major course of study corresponding to each Field of Study curriculum. Faculty must select the Directed Electives only from courses listed in the Lower-Division Academic Course Guide Manual.(C) The Chief Academic Officer of the institution shall submit the list of Directed Electives for inclusion in a Field of Study Curriculum with the cross-listed TCCNS course number to the Commissioner not later than forty-five (45) days after being sent the request from the Coordinating Board. The Coordinating Board shall publish the list of each institution's Directed Electives for each approved Field of Study Curriculum on the agency website with the cross-listed TCCNS course numbers for each course.(D) An institution that does not submit its Directed Electives in accordance with subparagraph (C) shall be required to accept any Directed Elective courses that appear on the Board's list for the Texas Direct Associate Degree for any institution's Field of Study Curriculum.(E) Each institution of higher education must publish on its public website in a manner easily accessed by students Directed Electives with the cross-listed TCCNS course number.(F) An institution shall accept and apply directed electives for fields of study upon transfer as long as the directed elective was active on the Coordinating Board's inventory of directed electives at the time the student completed the course at the community college.(c) Standard Field of Study Curriculum. The standard field of study curriculum shall include the following:(1) Selected core curriculum courses as prescribed in subsection (b)(1) of this section.(2) Up to twelve (12) semester credit hours of Discipline Foundation Courses as prescribed in subsection (b)(2) of this section.(3) At least six (6) semester credit hours of Directed Electives as prescribed in subsection (b)(3) of this section.(4) The Directed Electives and Discipline Foundation Courses combined components of the standard field of study curriculum may not exceed twenty (20) semester credit hours in total.(d) Alternative Field of Study Curriculum. The alternative framework for field of study curriculum shall include the following:(1) Up to thirty (30) semester credit hours of selected Texas Core Curriculum Courses as prescribed by subsection (b) of this section.(2) A minimum of eighteen (18) semester credit hours, not to exceed twenty-four (24) semester credit hours of Discipline Foundation Courses as prescribed in subsection (b)(2) of this section.(3) Up to twelve (12) semester credit hours of Directed Electives as prescribed in subsection (b)(3) of this section.(e) A receiving general academic teaching institution shall determine whether a transfer student is Field of Study Curriculum complete upon the transfer student's enrollment. If a student successfully completes an approved Field of Study Curriculum, a general academic teaching institution must substitute that block of courses for the receiving institution's lower-division requirements for the degree program for the corresponding Field of Study Curriculum into which the student transfers. Upon enrollment, the general academic teaching institution must grant the student full academic credit toward the degree program for the block of courses transferred.(f) If a student transfers from one institution of higher education to another without completing the Field of Study Curriculum, the receiving institution must grant academic credit in the Field of Study Curriculum for each of the courses that the student has successfully completed in the Field of Study Curriculum of the sending institution. After granting the student credit for these courses, the institution may require the student to satisfy remaining course requirements in the current Field of Study Curriculum of the receiving general academic teaching institution, or to complete additional requirements in the receiving institution's program, as long as those requirements do not duplicate course content the student previously completed through the Field of Study Curriculum.(g) Each institution must note the selected Texas Core Curriculum component and Discipline Foundation Courses components of the Field of Study Curriculum courses on student transcripts as recommended by the Texas Association of Collegiate Registrars and Admissions Officers (TACRAO).(h) The Board shall publish on its website the components of each Field of Study Curriculum, including the selected Texas Core Curriculum courses, the Discipline Foundation Courses, and the Directed Electives of each general academic teaching institution.(i) Effective Dates.(1) Unless repealed or replaced, Field of Study Curricula in effect as of March 1, 2021, will remain in effect until August 31, 2025, upon which date those Field of Study Curricula expire by operation of law. For Field of Study Curricula that are repealed, replaced, or expire by operation of law, the following transition or "teach out" provisions apply:(A) A student who has earned credit on or before August 31, 2022, in one or more courses included in a Field of Study Curriculum that exists on March 1, 2021, is entitled to complete that Field of Study Curriculum on or before August 31, 2025.(B) A student who has not, on or before August 31, 2022, earned any course credit toward a Field of Study Curriculum in effect on March 1, 2021, is not entitled to transfer credit for that Field of Study Curriculum.(C) After an institution's Spring 2026 enrollment deadline, a receiving institution is not required to transfer a complete Field of Study Curricula that expired prior to that date. A receiving institution may, at its discretion, choose to accept a complete or partial Field of Study Curricula that has expired.(2) Field of Study Curricula for Architecture, Chemical Engineering, Civil Engineering, Electrical Engineering, Mechanical Engineering, and Music in effect as of March 1, 2021, shall remain in effect until August 31, 2027.(A) A student who has earned credit on or before August 31, 2024, in one or more courses included in a Field of Study Curriculum that exists on March 1, 2021, is entitled to complete that Field of Study Curriculum on or before August 31, 2027.(B) After an institution's Spring 2028 enrollment deadline, a receiving institution is not required to transfer a complete Field of Study Curricula under subsection (i)(2) of this section that expired prior to that date. A receiving institution may, at its discretion, choose to accept a complete or partial Field of Study Curricula that has expired.</content><note type="source"><p>Source Note: The provisions of this §4.32 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective February 15, 2023, 48 TexReg 670; amended to be effective May 16, 2024, 49 TexReg 3239; amended to be effective August 15, 2024, 49 TexReg 5964; amended to be effective August 14, 2025, 50 TexReg 5210.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.33"><num value="4.33">§4.33</num><heading>Approval of Field of Study Curricula</heading><content>(a) In accordance with §1.239 of this title (relating to Duties of the Texas Transfer Advisory Committee), the Texas Transfer Advisory Committee shall review relevant data, coordinate a schedule of discipline-specific course reviews, and recommend Field of Study Curricula to the Commissioner and Board. In creating the schedule for development of Field of Study Curricula, the Texas Transfer Advisory Committee shall prioritize the factors set out in §1.239(a)(4).(b) At the direction of the Texas Transfer Advisory Committee and in accordance with §1.242 of this title (relating to Duties of the Discipline-Specific Subcommittees), a Discipline-Specific Subcommittee shall review institutions' current program requirements and data about transfer students' course-taking and success in that discipline and recommend to the Texas Transfer Advisory Committee courses required in the Field of Study Curriculum for that major.(c) The Texas Transfer Advisory Committee may consider for recommendation to the Commissioner Field of Study Curricula recommended by Discipline-Specific Subcommittees and any request by an institution for substitute Discipline Foundation Courses as described in §4.35 of this subchapter (relating to Petition for Substitute Discipline Foundation Courses).(d) The Texas Transfer Advisory Committee's approval of a Field of Study Curriculum requires approval by a supermajority vote of two-thirds of the general academic teaching institution representatives who are present and voting and two-thirds of the public junior college representatives who are present and voting.(1) If the Texas Transfer Advisory Committee fails to approve a Field of Study Curriculum, the Texas Transfer Advisory Committee may vote by a simple majority of all members present and voting to request that a Discipline Specific Subcommittee reconvene in an attempt to address any concerns identified by the Texas Transfer Advisory Committee.(2) Upon final recommendation of the Discipline-Specific Subcommittee, the Texas Transfer Advisory Committee may reconsider a vote to recommend to the Commissioner approval of a Field of Study Curriculum.(e) The Commissioner may approve or deny a Field of Study Curriculum recommended by the Texas Transfer Advisory Committee.(f) Before making a final determination whether to approve or deny a Field of Study Curriculum recommended by the Texas Transfer Advisory Committee, the Commissioner shall provide for informal notice and comment by publishing each proposed Field of Study Curriculum in the Texas Register In Addition section for a minimum of thirty (30) days. The Commissioner shall consider any comments prior to approving or denying the Field of Study Curriculum. The Commissioner's decision is final and may not be appealed. (g) The Commissioner shall report to the Board at each quarterly meeting on each Field of Study Curriculum the Commissioner approved since the last Board meeting.(h) The Commissioner shall annually provide a written report to the Texas Transfer Advisory Committee members with information on all approved Field of Study Curricula.</content><note type="source"><p>Source Note: The provisions of this §4.33 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective August 15, 2024, 49 TexReg 5964.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.34"><num value="4.34">§4.34</num><heading>Revision of Approved Field of Study Curricula</heading><content>(a) The Commissioner may modify or revise a Field of Study Curriculum when a need for such a revision is identified.(b) Any Chief Academic Officer of an institution that offers a corresponding major or track may request a modification or revision to an approved Field of Study Curriculum. The Texas Transfer Advisory Committee shall evaluate institutions' proposed modifications or revisions to Field of Study Curricula and may refer the proposed revisions to Discipline-Specific Subcommittees prior to making a final recommendation to the Commissioner.(c) Institutions may request deletion of directed electives not more than once a year in a manner prescribed by the Board. Each directed elective requested for deletion is subject to a two-year phase out period to be noted on the Coordinating Board and institutional websites.(d) Institutions may add directed electives once every year in a manner and timeline prescribed by the Board. The institution must demonstrate a compelling academic reason for the change in directed electives.</content><note type="source"><p>Source Note: The provisions of this §4.34 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective May 16, 2024, 49 TexReg 3239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.35"><num value="4.35">§4.35</num><heading>Petition for Substitute Discipline Foundation Courses</heading><content>(a) An institution may request the Commissioner to approve substitute Discipline Foundation Courses based upon the following criteria:(1) The institution demonstrates that approved Discipline Foundation Courses significantly vary from the institution's lower-division curriculum for a given major; or(2) The institution demonstrates based on evidence that students completing approved Discipline Foundation Courses are not successful in the institution's upper-division curriculum.(b) The Chief Academic Officer of an institution that requests substitute Discipline Foundation Courses based on the criteria in this rule must submit a petition for substitute Discipline Foundation Courses in writing to the Commissioner, along with a written, evidence-based rationale. The Commissioner shall promptly notify the Texas Transfer Advisory Committee of the request for substitute Discipline Foundation Courses.(c) Upon notification by the Commissioner, the Texas Transfer Advisory Committee shall evaluate the institution's request for substitute Discipline Foundation Courses based upon the number of students affected, how the substitute Discipline Foundation Courses would impact transfer, and any other criteria as decided by a majority vote of public junior college representative members and general academic teaching institution members present and voting.(d) After review of the criteria, the Texas Transfer Advisory Committee shall vote on whether to recommend the substitute Discipline Foundation Courses to the Commissioner. A majority of the public junior college sector representatives and a majority of the general academic teaching institution sector representatives who are present and voting must both vote in favor for the substitute Discipline Foundation Courses to advance to the Commissioner for approval.(e) No more than thirty (30) days after its vote on the petition, the Texas Transfer Advisory Committee shall provide a written report to the Commissioner explaining the rationale for the action taken by the Texas Transfer Advisory Committee on the request for substitute Discipline Foundation Courses.(f) No more than thirty (30) days after receiving the written report from the Texas Transfer Advisory Committee, the Commissioner shall consider the Texas Transfer Advisory Committee report and make a final determination whether to approve the substitute Discipline Foundation Courses. The Commissioner's decision is final and may not be appealed.(g) The Commissioner shall inform the Board at the next quarterly meeting of all decisions to approve or deny petitions for substitute Discipline Foundation Courses.(h) The Coordinating Board shall maintain a public website that includes a list of all substitute Discipline Foundation Courses approved by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §4.35 adopted to be effective April 8, 2021, 46 TexReg 2209; amended to be effective August 15, 2024, 49 TexReg 5964.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.36"><num value="4.36">§4.36</num><heading>Evaluation of Field of Study Curricula</heading><content>(a) Every five years, following the same timetable as the regular accreditation reports sent to the Southern Association of Colleges and Schools Commission on Colleges or its successor, each public institution of higher education shall review and evaluate its policies and practices regarding the acceptance and application of credit earned as part of a Board-approved Field of Study Curriculum, and report the results of that evaluation to the Board. The evaluation should include:(1) the extent to which the institution's compliance with the acceptance of transfer credit through Field of Study Curricula is being achieved;(2) the extent to which the institution's application to the appropriate degree program of credit earned as part of a Board-approved Field of Study Curriculum facilitates academic success; and(3) the effectiveness of Field of Study Curricula in the retention and graduation of transfer students in those degree programs that have Board-approved Field of Study Curricula.(b) Each institution's evaluation report must contain at least the following:(1) a listing of the institution's degree programs or tracks that have Board-approved Field of Study Curricula;(2) a description of the institution's policies and practices regarding applicable Board-approved field of study curricula, including admission-point evaluation of transfer credit, advising practices (including catalogue and website information on existing Field of Study Curricula and advising/counseling practices for enrolled students), and transcripting practices to show Field of Study Curriculum participation and completion; and(3) a chart or table showing the number of total transfer students for each degree program that has a Board-approved Field of Study Curriculum, for each of the last five years; the chart should indicate year-by-year the percentage of students who transferred having completed the applicable Field of Study Curriculum, the percentage of students who transferred without having completed the applicable Field of Study Curriculum, and any information about progress toward graduation or graduation rates that can compare transfer student performance with non-transfer student performance during the evaluation period.(c) The Texas Transfer Advisory Committee shall review all Field of Study Curricula approved on or after March 1, 2021, every four years from their date of Board approval. In developing a schedule of review as set out in Chapter 1, Subchapter V, §1.239, the Texas Transfer Advisory Committee shall consider reasonable factors, including prioritizing development of frameworks in high enrollment and high need disciplines. The Texas Transfer Advisory Committee may review a Field of Study Curricula more frequently if the Commissioner or Texas Transfer Advisory Committee identifies a need, including but not limited to, discipline changes of subject matter content, emerging and/or changing technologies or business/industry standards, changes in credentialing and/licensure requirements, or changes in programmatic accreditation.</content><note type="source"><p>Source Note: The provisions of this §4.36 adopted to be effective April 8, 2021, 46 TexReg 2209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.37"><num value="4.37">§4.37</num><heading>Texas Common Course Numbering System</heading><content>(a) Each institution shall include the applicable course numbers from the Texas Common Course Numbering System (TCCNS) in its printed and electronic catalogs, course listings, and any other appropriate informational resources, and in the application of the provisions of this subchapter. Institutions that do not use the TCCNS taxonomy as their sole means of course numbering shall publish the following information in their printed and electronic catalogs, course listings, and any other appropriate informational resources:(1) The TCCNS prefix and number must be displayed immediately adjacent to the institutional course prefix and number (e.g. ENG 101 (ENGL 1301)) at the beginning of each course description; and(2) The printed and electronic catalogs shall include a chart, table, or matrix, alphabetized by common course prefix, listing all common courses taught at the institution by both the common and local course number. For printed catalogs, the chart, table, or matrix should be referenced in a table of contents and/or a subject index.(b) Each institutional catalog shall include an explanation of the TCCNS and the significance of TCCNS courses for transfer purposes.(c) Each institution shall comply with the requirements of subsections (a) and (b) of this section no later than September 1, 2005.(d) For good cause, the Commissioner may approve an exemption from the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §4.37 adopted to be effective April 8, 2021, 46 TexReg 2209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.38"><num value="4.38">§4.38</num><heading>Undergraduate Academic Certificate</heading><content>(a) Institutions of higher education are encouraged to develop undergraduate academic certificate programs of less than degree length. These rules are intended to provide a streamlined process for approval of these certificates.(b) Undergraduate academic certificates may be awarded upon the completion of:(1) the Board-approved approved core curriculum of the institution;(2) a Board-approved Field of Study Curriculum; or(3) a Board-approved statewide articulated transfer curriculum of less than degree length.(c) Undergraduate academic certificates which meet one of the criteria in subsection (b) of this section require Board notification and are automatically approved.</content><note type="source"><p>Source Note: The provisions of this §4.38 adopted to be effective April 8, 2021, 46 TexReg 2209.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.39"><num value="4.39">§4.39</num><heading>Texas Direct Associate Degree</heading><content>A junior college, public state college, or public technical institute shall award a student a "Texas Direct" associate degree and include a notation on the transcript of a student who completes any Board approved field of study curriculum developed by the Board and:(1) The college's core curriculum; or(2) An abbreviated core curriculum related to a specific approved field of study curriculum transferable to one or more general academic institutions.</content><note type="source"><p>Source Note: The provisions of this §4.39 adopted to be effective May 16, 2024, 49 TexReg 3239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scB/s4.40"><num value="4.40">§4.40</num><heading>Transfer Liaison Requirements and Duties</heading><content>(a) Each institution of higher education shall designate at least one full-time employee to serve as a transfer liaison and ensure the name, title, and contact information of the transfer liaison are:(1) Posted on the institution's public website in a location easily accessible to current and prospective students; and(2) Provided to the Coordinating Board and updated annually, as needed, or upon change in personnel.(b) The transfer liaison, or an office in which the transfer liaison is employed, shall serve as the primary point of contact for:(1) A current, former, or prospective student seeking to transfer into an institution of higher education;(2) Other institutions of higher education; and(3) The Coordinating Board.(c) The transfer liaison shall ensure that institutional policies and practices provide the following to a current, former, or prospective transfer student, as applicable:(1) A complete and current list of the courses available to take as part of the institution's core curriculum;(2) A complete and current list of the institution's field of study curricula or degree programs eligible for receipt of field of study curricula transfer credits, as applicable;(3) A list of courses completed by the student for which academic credit will be accepted;(4) A list of courses for which academic credit will not be accepted, along with:(A) The justification for non-acceptance in accordance with Texas Education Code, §61.826, and §4.27 of this subchapter (relating to Resolutions of Transfer Disputes for Lower-Division Courses); and(B) Instructions for initiating the credit transfer dispute resolution process under Texas Education Code, §61.826, and §4.27 of this subchapter; and(5) A degree audit to determine whether the student has completed:(A) the Texas Core Curriculum, as defined in §4.28 of this subchapter (relating to Core Curriculum);(B) a field of study curriculum, as defined in §4.32 of this subchapter (relating to Field of Study Curriculum);(C) a Texas Direct associate degree, as defined in Texas Education Code, §61.834, and §4.38 of this subchapter (relating to Texas Direct Associate Degree); or(D) any other degree or certificate offered by the institution.</content><note type="source"><p>Source Note: The provisions of this §4.40 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scC"><num value="C">SUBCHAPTER C</num><heading>TEXAS SUCCESS INITIATIVE</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.51"><num value="4.51">§4.51</num><heading>Purpose and Authority</heading><content>(a) The purpose of this subchapter is to establish the college readiness standards and assessment instruments for students, including implementing the Texas Success Initiative for Texas public institutions of higher education. It is the intent of the Texas Higher Education Coordinating Board that Texas public institutions of higher education use the flexibility and responsibility granted under these rules to improve individualized programs to ensure the success of students in higher education.(b) Under Texas Education Code, §51.344, the Board is authorized to adopt rules to implement the provisions of Texas Education Code, chapter 51, subchapter F-1, Texas Success Initiative.</content><note type="source"><p>Source Note: The provisions of this §4.51 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.52"><num value="4.52">§4.52</num><heading>Applicability</heading><content>(a) Except as set out in subsection (b) of this section, this subchapter applies to each entering undergraduate student not otherwise exempt under §4.54 of this subchapter (relating to Exemption).(b) This subchapter does not apply to the following students, and an institution shall not require these students to demonstrate college readiness pursuant to this subchapter. To verify qualification under §4.52(b)(7) - (9), eligibility should be determined at each registration period. The following figure contains the full list of student categories to whom this subchapter does not apply.Attached Graphic(1) A student who has earned an associate or baccalaureate degree from an institution of higher education;(2) A student who transfers to an institution of higher education from a private or independent institution of higher education or an accredited out-of-state institution of higher education and who has satisfactorily completed college-level coursework in the corresponding subject area, as transcribed or otherwise determined by the receiving institution;(3) A student who is enrolled in a certificate program of one year or less at a public junior college, a public technical institute, or a public state college;(4) A student enrolled in high school who is a non-degree-seeking student as defined in §4.53(8) of this subchapter (relating to Definitions);(5) A student who is serving on active duty as a member of the armed forces of the United States, the Texas National Guard, or as a member of a reserve component of the armed forces of the United States; (6) A student who on or after August 1, 1990, was honorably discharged, retired, or released from active duty as a member of the armed forces of the United States or the Texas National Guard or service as a member of a reserve component of the armed forces of the United States; or(7) A student who is:(A) certified as an emergency medical technician under Chapter 773, Health and Safety Code; and(B) employed more than 20 hours a week by a political subdivision, according to Texas Local Government Code, §172.003;(8) A student who is employed more than 20 hours a week as fire protection personnel by Section 419.021, Government Code; or(9) A student who is elected, appointed, or employed more than 20 hours a week to serve as a peace officer described by Article 2A.001, Code of Criminal Procedure, or other law.</content><note type="source"><p>Source Note: The provisions of this §4.52 adopted to be effective May 16, 2024, 49 TexReg 3243; amended to be effective November 13, 2025, 50 TexReg 7238.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.53"><num value="4.53">§4.53</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context indicates otherwise.(1) Acceleration--The reorganization of instruction and curricula in ways that expedite the completion of coursework or credentials based on an assessment of students' strengths and needs. It involves a departure from a traditional multi-course sequence in favor of a more streamlined approach to academic support, resulting in students' achievement of college readiness in one year or less. Some examples include, but are not limited to, non-course-based options (NCBOs), emporium models, co-requisites, course-pairing, and computer-assisted instruction.(2) Advising--The ongoing and intentional process by which students receive guidance in selecting and navigating their choice of courses or majors, accessing campus and community services, and developing career goals and short/long-term plans. Advising may be provided by faculty, staff members, peer mentors, interactive technology-based resources, or other means.(3) Assessment--The use of a Board-approved instrument to determine the academic skills of an undergraduate student and evaluate the likelihood that a student is ready to enroll and succeed in entry-level academic coursework, with or without academic support.(4) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(5) Compressed or Intensive Course--A course that addresses the same learning outcomes as a traditional course but meets in a shortened overall time period and generally has the same number of contact hours as a traditional course (e.g., four weeks at twelve contact hours per week or eight weeks at six contact hours per week instead of sixteen weeks at three contact hours per week), thus allowing for multiple courses to be completed in the same time period as one traditional course.(6) Contextualized Coursework--Strategies that accelerate learning for learners whereby contextualized coursework integrates career subject matter with pre-college skills development in reading, writing, and mathematics.(7) Co-requisite (also known as corequisite, mainstreaming, or course pairing)--An instructional strategy whereby an undergraduate student as defined in paragraph (23) of this section is co-enrolled or concurrently enrolled in a developmental education course or in NCBO academic support as defined in paragraph (18) of this section and the entry-level academic course of the same subject matter within the same semester. The developmental education component should provide support aligned directly with the learning outcomes, instruction, and assessment of the entry-level academic course, and make necessary adjustments as needed to advance the student's success in the entry-level course. Participation in and completion of the entry-level academic course may not be contingent upon a student's performance in the developmental education course or NCBO.(8) Non-Degree-Seeking Student--A student who has not filed a degree plan with an institution of higher education and is not required to do so pursuant to Texas Education Code, §51.9685.(9) Developmental Education Course or Developmental Course--A non-credit course designed to address a student's skills, strengths and needs in the areas of reading, writing, integrated reading and writing (IRW), mathematics, and student success, to help that student be ready to succeed in entry-level academic coursework.(10) Developmental Education--Non-credit Developmental Education Courses or Non-Course-Based Developmental Education Interventions such as co-requisites, tutorials, laboratories, interactive modules, and other means of assistance that may be included in a student's academic plan to help the student succeed in entry-level academic coursework.(11) Differentiated Instruction--Different instructional processes used to engage a student based on their individual strengths, skills, motivational attitudes, and learning needs and preferences.(12) Differentiated Placement--Advising and placement of students based on individual strengths and needs.(13) Entry-level academic course (sometimes referred to as an entry-level freshman course or freshman-level academic coursework)--Any college level course for academic credit in which a first-time in college student might typically enroll. An entry-level course may not have prerequisite college courses. These courses (or their local equivalents based on the Texas Common Core Numbering System) may include, but are not limited to, ENGL 1301, HIST 1301, PSYC 2301, GOVT 2305/2306, MATH 1314/1414/1324/1332/1342, SOCI 1301, PHIL 1301, SPCH 1311/1315, COSC 1301, HUMA 1301, ARTS 1301, and BIOL 1306/1406.(14) Institution of Higher Education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003(8).(15) Mathematics Pathway Models--Developmental and basic academic skills coursework and interventions designed to prepare students for academic and workforce training programs and careers with mathematics content relevant for their programs.(16) Measurable Learning Outcomes--Knowledge, skills, and abilities students should be able to demonstrate upon completion of a course or intervention.(17) Minimum Passing Standards--A score that must be attained by a student in reading, writing, and mathematics on an assessment instrument designated for use by institutions of higher education by the board that indicates the student's readiness to enroll in entry-level academic courses as defined in paragraph (13) of this section. These scores are set forth in §4.57 of this subchapter (relating to Texas Success Initiative Assessment College Readiness Standards).(18) Non-Course-Based Developmental Education Interventions (also known as NCBO or Non-Semester-Length Interventions)--Interventions that are selected or designed to address a student's specific identified academic skills, strengths, and learning needs, to effectively and efficiently prepare the student to succeed in college-level work. These interventions must be overseen by an instructor of record and are beyond academic advising or learning support activities provided generally to all students in a course, program, or institution; interventions may include, but are not limited to, individual or group tutoring, supplemental instruction, interactive online resources, emporium models, or labs.(19) Non-Degree Credit Course--A specific course which may not be counted toward a degree or certificate. The term includes developmental education, pre-collegiate, and general continuing education courses.(20) Professional Development--The provision of ongoing and systematic learning opportunities for educators and support staff to support the use of research-based strategies, methodologies, and effective instructional practices to support the design and delivery of programs, coursework, and interventions advancing the cognitive and non-cognitive skills of students pursuing post-secondary courses and credentials including certificates and degrees.(21) Program Evaluation--Systematic methods of collecting, analyzing, and using information to examine and assess the costs, efficiency, and effectiveness of courses, interventions, and policies.(22) TSI Assessment--A Board-approved assessment instrument designated in §4.56 of this subchapter (relating to Texas Success Initiative Assessment Instrument) pursuant to Texas Education Code, §51.334, for use by institutions of higher education to assess a student's readiness to enroll in an entry-level academic course.(23) Undergraduate Student--A student, other than a high school student enrolled in college-level coursework for dual credit, who enrolls at a Texas public institution of higher education in a course or program of study leading to a certificate, degree, or other undergraduate credential.</content><note type="source"><p>Source Note: The provisions of this §4.53 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.54"><num value="4.54">§4.54</num><heading>Exemption</heading><content>(a) For the purpose of demonstrating exemption under subsection (b) of this section, the Board shall ensure that the passing standard on each approved assessment meets the college readiness standard under §4.57(a) of this subchapter (relating to Texas Success Initiative Assessment College Readiness Standards).(b) A student who achieves the passing standard on an assessment as set out in this subsection shall be deemed exempt from the requirements of the Texas Success Initiative. An institution shall not require an exempt student to provide any additional demonstration of college readiness and shall allow an exempt student to enroll in an entry-level academic course as defined in §4.53(13) of this title (relating to Definitions). The following figure contains the full list of assessments, minimum required scores, and eligible exemptions. Attached Graphic(1) For a period of five (5) years from the date of testing, a student who is tested and performs at or above the following standards that cannot be raised by institutions:(A) ACT. A student who has achieved the applicable standard under this subsection shall be deemed exempt under this subchapter. (i) ACT administered prior to February 15, 2023: composite score of 23 with a minimum of 19 on the English test shall be exempt for both the reading and writing sections of the TSI Assessment, and/or 19 on the mathematics test shall be exempt for the mathematics section of the TSI Assessment.(ii) ACT administered on or after February 15, 2023: a combined score of 40 on the English and Reading (E+R) tests shall be exempt for both reading and writing or ELAR sections of the TSI Assessment. A score of 22 on the mathematics test shall be exempt for the mathematics section of the TSI Assessment. There is no composite score.(iii) The use of scores from both the ACT administered prior to February 15, 2023, and the ACT administered after February 15, 2023, is allowable, as long as the benchmarks set forth in clause (ii) of this subparagraph are met.(B) SAT. A student who has achieved the applicable standard under this subsection shall be deemed exempt under this subchapter. (i) SAT administered on or after March 5, 2016: a minimum score of 480 on the Evidenced-Based Reading and Writing (EBRW) test shall be exempt for both reading and writing sections of the TSI Assessment. A minimum score of 530 on the mathematics test shall be exempt for the mathematics section of the TSI Assessment. There is no minimum combined EBRW and mathematics score.(ii) Mixing or combining scores from the SAT administered prior to March 5, 2016, and the SAT administered on or after March 5, 2016, is not allowable.(C) GED: minimum score of 165 on the Mathematical Reasoning subject test shall be exempt for the mathematics section of the TSI Assessment. A minimum score of 165 on the Reasoning Through Language Arts (RLA) subject test shall be exempt for the English Language Arts Reading (ELAR) section of the TSI Assessment.(D) HiSET: minimum score of 15 on the Mathematics subtest shall be used to determine exemption on the mathematics section of the TSI Assessment. A minimum score of 15 on the Reading subtest and a minimum score of 15 on the Writing subtest, including a minimum score of 4 on the essay, shall be exempt for the English Language Arts Reading (ELAR) section of the TSI Assessment.(E) STAAR End of Course Test. A student who achieves a minimum score of 4000 on STAAR English III EOC shall be exempt for both reading and writing. A student who achieves a minimum score of 4000 on STAAR Algebra II EOC shall be exempt from mathematics.(c) A student who has met one of the following criteria shall be exempt from the requirements of the Texas Success Initiative for the respective content area in which they have demonstrated college readiness. The following chart contains the full list of course and program completions and eligible exemptions.Attached Graphic(1) A student who successfully completes a college preparatory course under Texas Education Code, §28.014, is exempt for a period of twenty-four (24) months from the date of high school graduation with respect to the content area of the course, under the following conditions:(A) The student enrolls in the student's first college-level course in the exempted content area in the student's first year of enrollment in an institution of higher education; and(B) The student enrolls at the institution of higher education:(i) that partnered with the school district in which the student is enrolled to provide the course, or(ii) with an institution that deems the student TSI-met based on the completion of a course that meets the requirements of subsection (c)(1) of this section.(2) A student who has previously enrolled in any public, private, or independent institution of higher education or an accredited out-of-state institution of higher education and:(A) has met college readiness standards in mathematics, reading, or writing as determined by the receiving institution, or(B) who has satisfactorily completed college-level coursework in mathematics, reading, or writing with a grade of 'C' or better, including a high school student who has earned college credit for a dual credit course or a course offered under §4.86 of this chapter (relating to Optional Dual Credit or Dual Enrollment Program: College Connect Courses), with a grade of 'C' or better.(3) A student who has earned the Texas First Diploma under chapter 21, subchapter D of this title (relating to Texas First Early High School Completion Program).(d) An institution may exempt a non-degree-seeking or non-certificate-seeking student not otherwise exempt under this section.(e) In accordance with the requirements of this subchapter, an institution shall not require a student who is exempt in mathematics, reading, and/or writing or to whom this subchapter is inapplicable under §4.52 of this subchapter (relating to Applicability) to be assessed under this subchapter or to enroll in developmental coursework or interventions in the corresponding area of exemption. This limitation does not restrict an institution from advising a student to complete additional coursework or interventions to increase the likelihood of the student's success in completing the courses and program in which the student enrolls.(f) ESOL Waiver--An institution may grant a temporary waiver from the assessment required under this title for students with demonstrated limited English proficiency in order to provide appropriate ESOL/ESL coursework and interventions. The waiver must be removed after the student attempts 15 credit hours of developmental ESOL coursework at a public junior college, public technical institute, or public state college; nine (9) credit hours of developmental ESOL coursework at a general academic teaching institution; or prior to enrolling in entry-level academic coursework, whichever comes first, at which time the student would be assessed by the institution with a Board-approved instrument as defined by §4.56 of this subchapter (relating to Texas Success Initiative Assessment Instrument). Funding limits as defined in Texas Education Code, §51.340, for developmental education still apply.</content><note type="source"><p>Source Note: The provisions of this §4.54 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.55"><num value="4.55">§4.55</num><heading>Assessment and Placement</heading><content>(a) An institution shall assess, by an instrument approved in §4.56 of this subchapter (relating to Texas Success Initiative Assessment Instrument), the academic skills of each entering, non-exempt undergraduate student as defined in §4.53(23) of this subchapter (relating to Definitions) prior to enrollment of the student.(b) For each student, including a student who is exempt as provided by §4.54 of this subchapter (relating to Exemption) or who has been determined by an institution to be ready to enroll in entry-level academic courses as provided by §4.54, institutions are strongly encouraged to provide the student with advising, appropriate course and program placement, and support based on the individual student's skills, strengths, and needs, to increase the likelihood of the student's success in completing the courses and program in which the student enrolls.(c) Under exceptional circumstances, an institution may permit a student to enroll in entry-level academic coursework without assessment but shall require the student to be assessed not later than the end of the first semester of enrollment in entry-level academic coursework.(d) Prior to the administration of an approved instrument in §4.56, a test administrator shall provide to the student a pre-assessment activity or activities that address at a minimum the following components in an effective and efficient manner, such as through workshops, orientations, and/or online modules:(1) Importance of assessment for identifying a student's academic skills, strengths, and needs;(2) Assessment process and components, including practice with feedback of sample test questions in all disciplinary areas;(3) Developmental education options offered by the institution including Non-Course-Based Options; and/or(4) Institutional and/or community student resources (e.g., supplemental instruction, tutoring, transportation, childcare, basic needs support, or emergency financial aid).(e) For placement of a non-exempt undergraduate student not meeting standards as defined in §4.57(a) of this subchapter (relating to Texas Success Initiative Assessment College Readiness Standards), institutions shall use for determination of appropriate courses, interventions, and other support the student's TSI Assessment results and accompanying Diagnostic Profile, along with other relevant information such as:(1) High school Grade Point Average/class ranking;(2) Prior academic coursework or work experience;(3) Demonstrated personal achievement (e.g., leadership, motivation, self-efficacy); and(4) Family-life issues (e.g., job, childcare, transportation, finances).(f) An institution offering collegiate-level credit to students via a Multi-Institution Teaching Center (MITC) or a university system center, or to in-state students by distance learning delivery systems shall ensure that students are assessed as required by this section.(g) An institution may not use the assessment or the results of the Board-approved assessment instrument as provided by §4.56 as a condition of admission to the institution.</content><note type="source"><p>Source Note: The provisions of this §4.55 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.56"><num value="4.56">§4.56</num><heading>Texas Success Initiative Assessment Instrument</heading><content>(a) Effective fall 2013, the Texas Success Initiative Assessment (TSIA) is the only Board-approved assessment instrument used under this title.(b) Effective January 11, 2021, the TSIA, Version 2.0 (TSIA2) replaced the TSIA as the only Board-approved TSI assessment instrument offered under this title.(c) A student is entitled to use a TSIA or TSIA2 test result for a period of no more than five years after the date of testing to meet the requirements of this subchapter.(d) Each administrator of the TSI Assessment must follow the requirements and processes for test administration as set forth by the Coordinating Board and the test vendor.</content><note type="source"><p>Source Note: The provisions of this §4.56 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.57"><num value="4.57">§4.57</num><heading>Texas Success Initiative Assessment College Readiness Standards</heading><content>(a) For the purpose of this section and §4.54(b)(1) of this subchapter (relating to Exemption), the Board shall approve a passing standard ("cut score") on an assessment that corresponds to a 70-75% likelihood of a student earning an 'A', 'B', or 'C' in a college level course for which the assessment instrument is used to establish college readiness.(b) Effective the institution's first class day of fall 2017, for a student who is not otherwise exempt under this subchapter, the institution shall use the following minimum college readiness standards (also known as "cut scores") for reading, mathematics, and writing on the TSI Assessment (TSIA) to determine a student's readiness to enroll in entry-level freshman coursework:(1) Reading 351;(2) Mathematics 350; and(3) Writing:(A) a placement score of at least 340, and an essay score of at least 4; or(B) a placement score of less than 340 and an ABE Diagnostic level of at least 4 and an essay score of at least 5.(c) Effective January 11, 2021, for a student who is not otherwise exempt under this subchapter, an institution shall use the following minimum college readiness standards (also known as "cut scores") for English Language Arts Reading (ELAR) and mathematics on the TSI Assessment, Version 2.0 (TSIA2) to determine a student's readiness to enroll in entry-level academic coursework:(1) Mathematics (for college-level coursework with mathematics-intensive designation by the offering institution):(A) a College Readiness Classification (CRC) score of at least 950; or(B) a CRC score below 950 and a Diagnostic level of 6.(2) ELAR (for college-level coursework with reading, writing, or reading and writing-intensive designation by the offering institution):(A) a College Readiness Classification (CRC) score of at least 945 and an essay score of at least 5; or(B) a CRC score below 945 and a Diagnostic level of 5 or 6 and an essay score of at least 5.(d) An institution shall use the TSI Assessment (TSIA or TSIA2) diagnostic results, along with other holistic factors, in their consideration of courses and/or interventions addressing the educational and training needs of undergraduate students not meeting the college readiness standards as defined in subsections (a) - (c) of this section.(e) An institution shall not require higher or lower college readiness standards on any or all portions of the TSI Assessment (TSIA or TSIA2) to determine a student's readiness to enroll in entry-level academic coursework.(f) For a student with an existing plan for academic success as required in §4.58 of this title (relating to Advisement and Plan for Academic Success), the institution shall revise the plan as needed to align with the college readiness standards as defined in subsections (a) - (c), as applicable, of this section.</content><note type="source"><p>Source Note: The provisions of this §4.57 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.58"><num value="4.58">§4.58</num><heading>Advisement and Plan for Academic Success</heading><content>(a) For each undergraduate student as defined in §4.53(23) of this subchapter (relating to Definitions) who fails to meet the minimum passing standards described in §4.57 of this subchapter (relating to Texas Success Initiative Assessment College Readiness Standards), an institution shall:(1) Establish a program to advise the student regarding developmental education support necessary to ensure the readiness of that student in performing freshman-level academic coursework.(2) Determine a plan, working with the student, for the student's academic success, which shall include developmental education and may include provisions for enrollment in appropriate non-developmental coursework. Institutions must ensure developmental education courses and interventions meet at minimum the criteria set forth in the Lower Division Academic Course Guide Manual (ACGM).(b) Each plan for academic success shall:(1) Be designed on an individual basis to provide the best opportunity for each student to succeed in obtaining his or her career and/or academic goals. At a minimum, the individual plan shall address:(A) Career advising;(B) Recommended Developmental Education options;(C) Campus and/or community student support services/resources;(D) Degree plan or plan of study;(E) Regular interactions between student and designated points of contact (e.g., advisor, faculty member, peer or community mentor, etc.);(F) Registration for next semester/next steps; and(G) Differentiated placement.(2) Promote the most efficient and cost-effective developmental education options to increase the likelihood of the student's success in college level courses and programs; institutions are strongly encouraged to assign students to Non-Course-Based options where feasible.(3) Provide to the student a description of the developmental education options and other resources and interventions recommended to increase the likelihood the student will succeed in entry-level and subsequent academic coursework and complete their selected program.(4) Provide to the student an appropriate measure for determining readiness to perform freshman-level academic coursework, as described in §4.59 of this subchapter (relating to Determination of Readiness to Enroll and Succeed in Entry-Level Academic Coursework).(c) Each institution shall apply all state and federal laws pertaining to individuals with disabilities when assessing and advising such students.(d) An institution must advise any student who is exempt from the TSI assessment as outlined in §4.54 of this subchapter (relating to Exemption) who earns less than a 'C' in the student's first college-level course in the exempted content area of Developmental Education Interventions available to the student to increase the likelihood that the student will succeed in subsequent college courses and complete their selected program, especially through Non-Course-Based options.(e) For undergraduate students enrolled in a corequisite model as defined in §4.53(7) who fail to satisfactorily complete the freshman-level course, the institution of higher education must:(1) review the plan developed for the student under this section and, if necessary, work with the student to revise the plan; and(2) offer to the student a range of resources including Non-Course Based Options to assist the student in becoming ready to perform freshman-level academic coursework in the applicable subject area(s).</content><note type="source"><p>Source Note: The provisions of this §4.58 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.59"><num value="4.59">§4.59</num><heading>Determination of Readiness to Enroll and Succeed in Entry-Level Academic Coursework</heading><content>(a) An institution shall determine when a student is ready to enroll and succeed in entry-level academic coursework using:(1) Student performance on one or more assessments as provided by §4.57 of this subchapter (relating to Texas Success Initiative Assessment College Readiness Standards), including scores resulting from a student's retaking of a board approved assessment instrument; and(2) Developmental Courses or Non-Course-Based Developmental Education Interventions.(b) An institution may enroll a non-exempt, undergraduate student who has not met the readiness standard on the TSI Assessment in an entry-level academic course if the student is co-enrolled in developmental education, as defined in §4.53(7) of this subchapter (relating to Definitions). Successful completion of the entry-level academic course with a grade of 'C' or better shall be demonstration of the student's college readiness for the corresponding subject area, as provided in §4.54(c)(3) of this subchapter (relating to Exemption), independent of the student's performance in Developmental Courses or Non-Course-Based Developmental Education Interventions.(c) A student may retake a Board-approved assessment instrument at any time, subject to availability, to determine the student's readiness to perform entry-level freshman coursework.(d) An institution shall, as soon as practicable and feasible, indicate a student's readiness in reading, mathematics, and writing on the transcript of each student. Student readiness in mathematics shall be indicated as either:(1) ready for entry-level mathematics coursework; or(2) ready only for non-Algebra intensive courses, including MATH 1332/1342/1442 (or their local equivalent).</content><note type="source"><p>Source Note: The provisions of this §4.59 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.60"><num value="4.60">§4.60</num><heading>Evaluation and Reporting</heading><content>(a) The Coordinating Board shall evaluate the effectiveness of the Texas Success Initiative on a statewide basis and with respect to each institution, assessment, and strategy used to assess and support student success in entry-level academic courses and completion of programs. This evaluation shall be based primarily on students' success in subsequent courses and progress towards completion in their academic programs. To inform this evaluation, each institution shall analyze and report to the Coordinating Board on the annual Developmental Education Program Survey (DEPS) the fiscal and/or instructional impacts of the following on student outcomes, along with other success-related topics as requested:(1) Technological delivery of developmental education courses that allows students to complete course work;(2) Diagnostic assessments to determine a student's specific educational needs to allow for appropriate developmental instruction;(3) Modular developmental education course materials;(4) Use of tutors and instructional aides to supplement developmental education course instruction as needed for particular students;(5) Internal monitoring mechanisms used to identify a student's area(s) of academic difficulty; and(6) Periodic updates of developmental education course materials.(b) At the end of each semester, each institution shall report to the Coordinating Board the following information for each undergraduate student: Social Security Number (SSN), semester credit hours (SCH), grade points earned, ethnicity, gender, date of birth, Texas Success Initiative status, initial assessment instrument, score on initial assessment, type of developmental education received for each area (reading, mathematics, writing), and grade in first related non-developmental course.</content><note type="source"><p>Source Note: The provisions of this §4.60 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.61"><num value="4.61">§4.61</num><heading>Required Components of Developmental Education Programs</heading><content>(a) Each institution of higher education shall develop and administer a developmental education program using research-based practices that include all the following components:(1) assessment;(2) differentiated placement and instruction based on an individual student's skills, strengths, and needs;(3) faculty development;(4) student support services;(5) program evaluation;(6) integration of technology; and(7) Non-Course-Based Options.(b) Each institution of higher education shall develop and implement corequisite model(s) of developmental education as defined in §4.53(7) of this subchapter (relating to Definitions) for developmental mathematics and integrated reading/writing (IRW) courses and interventions for all the institution's non-exempt students, except as provided under subsection (c) of this section.(c) An institution may enroll the following students in a developmental education course as necessary to address deficiencies in the students' readiness to perform freshman-level academic coursework:(1) a student assessed at Diagnostic levels 1-4 on the Board-approved assessment instrument as provided by §4.56 of this subchapter (relating to Texas Success Initiative Assessment Instrument);(2) a student enrolled in adult education; or(3) a student enrolled in a degree plan not requiring an entry-level academic mathematics course.(d) An institution must inform a student enrolled in a mathematics pathway model (e.g., New Mathways Project, modular/Emporium models, etc.) that successful completion of this model will result in meeting the mathematics college readiness standard only for specific college credit courses. The institution must also inform the student that changing degree plans may require the student to complete additional developmental education support or Non-Course-Based Developmental Education Interventions.(e) As part of subsection (a)(7) of this section, each institution shall offer at least one section of each entry-level academic course per developmental education subject area that incorporates non-course-based interventions (NCBO).</content><note type="source"><p>Source Note: The provisions of this §4.61 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scC/s4.62"><num value="4.62">§4.62</num><heading>Privacy of Student Information</heading><content>Each institution of higher education must ensure that the Texas Success Initiative and the collection and release of any related data is administered in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.</content><note type="source"><p>Source Note: The provisions of this §4.62 adopted to be effective May 16, 2024, 49 TexReg 3243.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scD"><num value="D">SUBCHAPTER D</num><heading>DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scD/s4.81"><num value="4.81">§4.81</num><heading>Purpose</heading><content>This subchapter provides rules and regulations for public institutions of higher education to engage in dual credit partnerships with secondary schools, including partnerships for participation in the Financial Aid for Swift Transfer (FAST) Program pursuant to chapter 13, subchapter Q of this title (relating to Financial Aid for Swift Transfer (FAST) Program).</content><note type="source"><p>Source Note: The provisions of this §4.81 adopted to be effective May 16, 2024, 49 TexReg 3247.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scD/s4.82"><num value="4.82">§4.82</num><heading>Authority</heading><content>Education Code, §§28.009(b), 28.0095, 61.059(p), 130.001(b)(3) - (4) and 130.008, provide the Coordinating Board with the authority to regulate dual credit partnerships between public institutions of higher education and secondary schools with regard to lower division courses, and provide funding for dual credit courses, including courses offered under the FAST program.</content><note type="source"><p>Source Note: The provisions of this §4.82 adopted to be effective May 16, 2024, 49 TexReg 3247.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scD/s4.83"><num value="4.83">§4.83</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Avocational Course--A course of study in a subject or activity that is usually engaged in by a person in addition to the person's regular work or profession for recreation or in relation to a hobby, including a community interest course, as defined in Education Code, §130.351(2).(2) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(3) Career and Technical Education Course--A workforce or continuing education college course offered by an institution of higher education for which a high school student may earn credit toward satisfaction of a requirement necessary to obtain an industry-recognized credential, certificate, or associate degree.(A) A career and technical education course is listed in the Workforce Education Course Manual (WECM).(B) For the purpose of this subchapter, this definition excludes:(i) an avocational course;(ii) a continuing education course that is ineligible for conversion as articulated college credit; and(iii) a continuing education course that does not meet the institution's program or instructor accreditation standards.(4) Certificate--A Certificate Program as defined in Education Code, §61.003(12).(5) College Board Advanced Placement (also referred to as Advanced Placement or AP)--College-level courses and exams available to secondary students under the auspices of an approved College Board program.(6) Commissioner--The Commissioner of Higher Education.(7) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including the agency staff.(8) Credit--College credit earned through the successful completion of a college career and technical education or academic course that fulfills specific requirements necessary to obtain an industry-recognized credential, certificate, associate degree, or other academic degree.(9) Degree-Seeking Student--A student who has filed a degree plan with an institution of higher education or is required to do so pursuant to Education Code §51.9685.(10) Dual Credit Course or Dual Enrollment Course--A course that meets the following requirements:(A) The course is offered pursuant to an agreement under §4.84 of this subchapter (relating to Institutional Agreements).(B) A course for which the student may earn one or more of the following types of credit:(i) joint high school and junior college credit under Education Code, §130.008, or(ii) another course offered by an institution of higher education, for which a high school student may earn semester credit hours or equivalent of semester credit hours toward satisfaction of:(I) a course defined in paragraph (3) of this section that satisfies a requirement necessary to obtain an industry-recognized credential, certificate, or an associate degree;(II) a foreign language requirement at an institution of higher education;(III) a requirement in the core curriculum, as that term is defined by Education Code, §61.821, at an institution of higher education; or(IV) a requirement in a field of study curriculum developed by the Coordinating Board under Education Code, §61.823.(C) Dual credit includes a course for which a high school student may earn credit only at an institution of higher education (previously referred to as a dual enrollment course) if the course meets the requirements of this section.(D) A student may earn a single grade toward both the college course and the high school credit or may earn two separate grades where the high school grade only reflects a student's mastery of secondary content.(E) Dual credit and dual enrollment are synonymous in Title 19, Part 1 of these rules unless otherwise expressly provided by rule.(F) Each dual credit course must meet the requirements of this subchapter.(11) Equivalent of a Semester Credit Hour--A unit of measurement for a continuing education course, determined as a ratio of one continuing education unit to 10 contact hours of instruction. This may be expressed as a decimal of 1.6 continuing education units of instruction which equals one semester credit hour of instruction. In a continuing education course , not fewer than 16 contact hours are equivalent to one semester credit hour.(12) Field of Study Curriculum (FOSC)--A Board-approved set of courses authorized under subchapter B of this chapter (relating to Transfer of Credit, Core Curriculum and Field of Study Curricula) that satisfies lower-division requirements for a baccalaureate degree in a specific academic area at a general academic teaching institution. A field of study curriculum is designed to facilitate transfer of courses toward designated academic degree programs at public junior colleges, public technical institutes, or universities.(13) Institution of Higher Education or Institution--A public institution of higher education as defined in Education Code, §61.003(8).(14) International Baccalaureate Diploma Program (also referred to as IB)--The curriculum and examinations leading to an International Baccalaureate diploma awarded by the International Baccalaureate Organization.(15) Locally Articulated College Credit--Credit earned through a high school course that fulfills specific requirements identified by a college for a career and technical education course and provides a pathway for high school students to earn credit toward a technical certificate or technical degree at a partnering institution of higher education upon high school graduation.(16) Program of Study Curriculum (POSC)--A block of courses which is designed to progress in content specificity for an industry or career cluster while also incorporating rigorous college and career readiness standards, authorized under Education Code §61.8235. A POSC generally incorporates multiple entry and exit points for participating students with portable demonstrations of technical or career competency, including credit transfer agreements or industry-recognized credentials.(17) Public Two-Year College--Any public junior college, public technical institute, or public state college as defined in Education Code, §61.003.(18) School District--Under this subchapter, school district includes a charter school or district operating under Education Code, chapter 12, unless otherwise specified.(19) Semester Credit Hour--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.</content><note type="source"><p>Source Note: The provisions of this §4.83 adopted to be effective May 16, 2024, 49 TexReg 3247.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scD/s4.84"><num value="4.84">§4.84</num><heading>Institutional Agreements</heading><content>(a) Need for Institutional Agreements. For any dual credit partnership between a school district or private school and an institution, an agreement must be approved by the governing boards or designated authorities (e.g., superintendent or chief academic officer) of both the public school district or private secondary school, as applicable, and the institution prior to the offering of such courses. Each institution shall report to the Coordinating Board a list of school districts and private schools with which it has agreements under this section, and the URL where these agreements are posted on the institution's Internet website.(b) Elements of Institutional Agreements. An Institutional Agreement entered into or renewed between an institution and a school district or private school, including a memorandum of understanding or articulation agreement, shall include the following elements:(1) Eligible Courses;(2) Student Eligibility;(3) Location of Class;(4) Student Composition of Class;(5) Faculty Selection, Supervision, and Evaluation;(6) Course Curriculum, Instruction, and Grading;(7) Academic Policies and Student Support Services;(8) Transcripting of Credit;(9) Funding, including the sources of funding for courses offered under the program, including, at a minimum, the sources of funding for tuition, transportation, and any required fees, instructional materials, or textbooks for students participating in the program, including for students eligible to take dual credit courses at no cost to the student under the FAST program, under Texas Administrative Code, chapter 13, subchapter Q;(10) All requirements for joint implementation of the FAST program under Education Code, §28.0095, including ensuring the accurate and timely exchange of information necessary for an eligible student to enroll at no cost in a dual credit course, for eligible public schools and students participating in the FAST program, under Texas Administrative Code, chapter 13, subchapter Q;(11) Defined sequences of courses that apply to academic or career and technical education program requirements at the institution or industry-recognized credentials, where applicable;(12) Specific program goals aligned with the statewide goals developed under Education Code, §§28.009(b-1), 130A.004, and 130A.101(c)(3);(13) Coordinated advising strategies and terminology related to dual credit and college readiness, including strategies to assist students in selecting courses that will satisfy applicable high school and college requirements for the student's intended program;(14) Provision for the alignment of endorsements described by Education Code, §28.025(c-1), offered by the school district and dual credit courses offered under the agreement that apply toward those endorsements with postsecondary pathways and credentials at the institution and industry-recognized credentials;(15) Identification of tools, including online resources developed by the Texas Education Agency, Coordinating Board, or the Texas Workforce Commission, to assist counselors, students, and families in selecting endorsements offered by the school district and college courses offered by the institution under the agreement;(16) A procedure for establishing the course credits that may be earned under the agreement, including developing a course equivalency crosswalk or other method of identifying the number of high school and college credits that may be earned for each course completed through the program;(17) A description of the academic supports and, if applicable, other support that will be provided to students participating in the program (e.g., transportation to and from a college campus);(18) The respective roles and responsibilities of the institution of higher education and the school district or private school in providing the program and ensuring the quality of instruction and instructional rigor of the program;(19) A requirement that the school district and the institution consider the use of free or low-cost open educational resources in courses offered under the program; and(20) Designation of at least one employee of the school district or private school, or the institution as responsible for providing academic advising to a student who enrolls in a dual credit course under the program before the student begins the course.(c) Each Agreement must be posted each year on the institution of higher education's and the school district's respective Internet websites.</content><note type="source"><p>Source Note: The provisions of this §4.84 adopted to be effective May 16, 2024, 49 TexReg 3247.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scD/s4.85"><num value="4.85">§4.85</num><heading>Dual Credit Requirements</heading><content>(a) Eligible Courses.(1) An institution may offer any dual credit course as defined in §4.83(11) of this subchapter (relating to Definitions).(2) A dual credit course offered by an institution must be in the approved undergraduate course inventory of the institution.(3) An Early College High School may offer any dual credit course as defined in §4.83(11) or Texas Education Code, §28.009 and §130.008, subject to the provisions of subchapter G of this chapter (relating to Early College High Schools).(4) An institution may not offer a remedial or developmental education course for dual credit. This limitation does not prohibit an institution from offering a dual credit course that incorporates Non-Course-Based College Readiness content or other academic support designed to increase the likelihood of student success in the college course, including any course offered under §4.86 of this subchapter (relating to Optional Dual Credit Program: College Connect Courses).(b) Student Eligibility.(1) A high school student is eligible to enroll in dual credit courses if the student:(A) is not a degree-seeking student as defined in §4.83(10) of this subchapter (relating to Definitions);(B) demonstrates that he or she is exempt under the provisions of the Texas Success Initiative as set forth in §4.54 of this chapter (relating to Exemption);(C) demonstrates college readiness by achieving the minimum passing standards under the provisions of the Texas Success Initiative as set forth in §4.57 of this chapter (relating to Texas Success Initiative Assessment College Readiness Standards) on relevant section(s) of an assessment instrument approved by the Board as set forth in §4.56 of this chapter (relating to Assessment Instrument); or(D) Meets the eligibility requirements for a Texas First Diploma under §21.52 of this title (relating to Eligibility for Texas First Diploma).(2) A student who is enrolled in private or non-accredited secondary schools or who is home-schooled must satisfy paragraph (b)(1) of this subsection.(3) An institution may require a student who seeks to enroll in a dual credit course to meet all the institution's regular prerequisite requirements designated for that course (e.g., a minimum score on a specified placement test, minimum grade in a specified previous course, etc.).(4) An institution may impose additional requirements for enrollment in specific dual credit courses that do not conflict with this subchapter.(5) An institution is not required, under the provisions of this section, to offer dual credit courses for high school students.(c) Location of Class. An institution may teach dual credit courses on the college campus or on the high school campus. For dual credit courses taught exclusively to high school students on the high school campus and for dual credit courses taught via distance education, the institution shall comply with chapter 2, subchapter J of this title (relating to Approval of Distance Education for Public Institutions).(d) Composition of Class. A dual credit course may be composed of dual credit students only or of a mixture of dual credit and college students. Notwithstanding the requirements of subsection (e) of this section, exceptions for a mixed class that combines dual credit students and high school credit-only students may be allowed when the creation of a high school credit-only class is not financially viable for the high school and only under one of the following conditions:(1) If the course involved is required for completion under the State Board of Education High School Program graduation requirements;(2) If the high school credit-only students are College Board Advanced Placement or International Baccalaureate students; or(3) If the course is a career and technical education course and the high school credit-only students are eligible to earn articulated college credit.(e) Faculty Selection, Supervision, and Evaluation. Each institution shall apply the standards for selection, supervision, and evaluation for instructors of dual credit courses as required by the institution's accreditor. A high school teacher may only teach a high school course offered through a dual credit agreement if the teacher is approved by the institution offering the dual credit course.(f) Course Curriculum, Instruction, and Grading. The institution shall ensure that a dual credit course offered at a high school is at least equivalent in quality to the corresponding course offered at the main campus of the institution with respect to academic rigor, curriculum, materials, instruction, and methods of student evaluation. These standards must be upheld regardless of the student composition of the class, location, and mode of delivery.(g) Academic Policies and Student Support Services.(1) Regular academic policies applicable to courses taught at an institution's main campus must also apply to dual credit courses. These policies may include the appeal process for disputed grades, drop policy, the communication of grading policy to students, when the syllabus must be distributed, etc. Additionally, each institution is strongly encouraged to provide maximum flexibility to high school students in dual credit courses, consistent with the institution's academic policies, especially with regard to drop policies, to encourage students to attempt rigorous courses without potential long-term adverse impacts on students' academic records.(2) Each student in a dual credit course must be eligible to utilize support services that are appropriate for dual credit students. The institution is responsible for ensuring timely and efficient access to such services (e.g., academic advising and counseling), to learning materials (e.g., library resources), and to other benefits for which the student may be eligible.(3) A student enrolled in a dual credit course at an institution shall file a degree plan with the institution as prescribed by Texas Education Code, §51.9685.(h) Transcripting of Credit. Each institution or high school shall immediately transcript the credit earned by a student upon a student's completion of the performance required in the course.</content><note type="source"><p>Source Note: The provisions of this §4.85 adopted to be effective May 16, 2024, 49 TexReg 3247.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scD/s4.86"><num value="4.86">§4.86</num><heading>Optional Dual Credit or Dual Enrollment Program: College Connect Courses</heading><content>(a) Authority. These rules are authorized by Texas Education Code, §§28.009(b), 28.0095, 130.001(b)(3) - (4), and 130.008.(b) Purpose. The purpose of this rule is to encourage and authorize public institutions of higher education to deliver innovatively designed dual credit courses that integrate both college-level content in the core curriculum of the institution alongside college-readiness content and skills instruction. These innovatively designed courses will allow students the maximum flexibility to obtain college credit and provide integrated college readiness skills to students who are on the continuum of college readiness and will benefit from exposure to college-level content.(c) Student eligibility. An eligible student must be enrolled in a public school district or open-enrollment charter as defined in Texas Education Code, §5.001(6), and meet the requirements of §4.85(b) of this subchapter (relating to Dual Credit Requirements). Notwithstanding §4.85(b), an institution may enroll a high school student who is not exempt or college ready under the requirements of §4.54 or §4.57 of this chapter (relating to Exemptions, Exceptions, and Waivers and College Ready Standards, respectively) in a math or communications College Connect Course offered by the institution.(d) Course content. The following standards apply to delivery of College Connect Courses offered under this rule:(1) An institution may only offer College Connect Courses within the institution's core curriculum in accordance with §4.28 of this chapter (relating to Core Curriculum).(2) An institution shall also incorporate supplemental college readiness content to support students who have not yet demonstrated college readiness, as defined in §4.57, within these courses. The supplemental college readiness content shall be related to and integrated with the subject matter of the course. An institution may deliver this supplemental instruction through a method at their discretion, including through embedded course content, supplemental coursework, or other methods.(e) The Coordinating Board may provide technical assistance to an institution of higher education or school district in developing and providing these courses.(f) Additional Academic Policies.(1) College Connect Courses offered through dual credit must confer both a college-level grade and a secondary-level grade upon a student's successful completion of the course. A grade conferred for the college-level course may be different from the secondary-level grade, to reflect whether a student has appropriately demonstrated college-level knowledge and skills as well as secondary-level knowledge and skills. An institution may determine how a student enrolled in this course may earn college credit, whether through college-level course completion or successful completion of a recognized college-level assessment that the institution would otherwise use to award college credit.(2) An institution must enter into an institutional agreement with the secondary school according to §4.84 of this subchapter (relating to Institutional Agreements) to offer College Connect Courses.(3) An institution is strongly encouraged to provide the maximum latitude possible for a student to withdraw from the college-level course component beyond the census date, while still giving the student an opportunity to earn credit toward high school graduation requirements, in accordance with §4.85(g) of this subchapter (relating to Dual Credit Requirements).(4) Hours earned through this program before the student graduates from high school that are used to satisfy high school graduation requirements do not count against the limitation on formula funding for excess semester credit hours under §13.104 of this title (relating to Exemptions for Excess Hours).(g) Funding and Tuition. The Coordinating Board shall fund College Connect Courses in accordance with §4.87 of this subchapter (relating to Funding).</content><note type="source"><p>Source Note: The provisions of this §4.86 adopted to be effective May 16, 2024, 49 TexReg 3247.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scD/s4.87"><num value="4.87">§4.87</num><heading>Funding</heading><content>(a) A public junior college may submit for funding any course that meets the requirements of this subchapter as provided in chapter 13, subchapter S of this title (relating to Community College Finance Program), or chapter 13, subchapter P of this title (relating to Community College Finance Program for Fiscal Year 2024).(b) A public junior college may report a course for funding for which a high school student may earn college credit that does not otherwise meet the requirements of this subchapter for the purpose of calculating base tier funding according to the provisions of chapter 13, subchapter S or subchapter P of this title. Such a course is not considered a dual credit or dual enrollment course under Title 19, Part 1.(c) An institution may submit a dual credit course for funding under the FAST program of chapter 13, subchapter Q of this title (relating to Financial Aid for Swift Transfer (FAST) Program) only if the course meets all requirements of that subchapter.(d) Nothing in this subchapter shall be construed to prohibit an Early College High School under Texas Education Code, §28.908, from participating in or receiving funding under the FAST program of chapter 13, subchapter Q of this title.(e) An institution may waive all or part of tuition and fees for a Texas high school student enrolled in a course for which the student may receive dual course credit.</content><note type="source"><p>Source Note: The provisions of this §4.87 adopted to be effective May 16, 2024, 49 TexReg 3247.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scE"><num value="E">SUBCHAPTER E</num><heading>LEARNING OUTCOMES FOR UNDERGRADUATE COURSES</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scE/s4.101"><num value="4.101">§4.101</num><heading>Purpose</heading><content>To foster a transparent student learning environment and to facilitate the transfer of credits among all institutions of higher education, each public institution of higher education shall identify and adopt measurable learning outcomes for undergraduate courses (exclusive of independent studies, labs, practicums, or discussion sections) offered by the institution.</content><note type="source"><p>Source Note: The provisions of this §4.101 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scE/s4.102"><num value="4.102">§4.102</num><heading>Authority</heading><content>Texas Education Code, Chapter 51, Subchapter Z, §51.96851 and §51.974(g) authorize the Texas Higher Education Coordinating Board to adopt rules necessary to administer these sections. The Texas Education Code, §61.051, describes the Board's role in the Texas system of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.102 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scE/s4.103"><num value="4.103">§4.103</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Institutions of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.(2) Measurable Learning Outcomes--The knowledge and skills a student is expected to acquire or achieve upon completion of a course. Measurement may be quantitative or qualitative, depending upon the subject matter of the course.(3) Undergraduate Course--Any lower- or upper-division credit course offered to five or more students. This includes on-campus, off-campus, distance education, and dual-credit courses (including those taught on high school campuses). It excludes courses with highly variable subject content that are tailored specifically to individual students, such as Independent Study and Directed Reading courses. It excludes laboratory, practicum, or discussion sections that are intrinsic and required parts of larger lecture courses and are directly supervised by the same instructor(s) of record for those large courses.</content><note type="source"><p>Source Note: The provisions of this §4.103 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scE/s4.104"><num value="4.104">§4.104</num><heading>Measurable Learning Outcomes for Undergraduate Courses</heading><content>(a) Each public institution of higher education shall identify, adopt, and make available for public inspection measurable learning outcomes for undergraduate courses (exclusive of independent studies, labs, practicums, or discussion sections) offered by the institution.(b) Statements of the measurable learning outcomes shall be kept on file for at least two years after the course is taught and made available for public inspection upon request to the Provost's office of each institution.(c) If the institution is in compliance with Subchapter N, §§4.225 - 4.228 of this chapter (relating to Public Access to Course Information), then the institution is also in compliance with this section since learning outcomes are required to be a part of each course syllabus posted on the institution's website.</content><note type="source"><p>Source Note: The provisions of this §4.104 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scF"><num value="F">SUBCHAPTER F</num><heading>TEXAS STATE SCIENCE AND ENGINEERING FAIR</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scF/s4.131"><num value="4.131">§4.131</num><heading>Purpose, Scope, and Authority</heading><content>(a) Purpose. The purpose of the Texas State Science and Engineering Fair (TSSEF) is to promote an appreciation for and interest in science, mathematics, and engineering among precollege students; to assist schools and school districts in fulfilling their mission in science, mathematics, and engineering education; and to promote workforce development in the fields of science, mathematics, and engineering by providing students with an opportunity to interact with higher education and corporate institutions.(b) Scope. The TSSEF is the pathway for 9th through 12th grade students to advance from regional-level science fairs to state-level opportunities. The TSSEF provides access to the International Science and Engineering Fair for Texas precollege students.(c) Authority. The Texas Education Code, Chapter 61, §61.088 authorizes the Board to establish rules for the organization and operation of the State Fair.</content><note type="source"><p>Source Note: The provisions of this §4.131 adopted to be effective May 27, 2003, 28 TexReg 4116.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scF/s4.132"><num value="4.132">§4.132</num><heading>Eligible Students</heading><content>The TSSEF may accept 1st through 3rd place winners in each of the 15 divisions recognized by the International Science & Engineering Fair (Behavioral and Social Sciences, Biochemistry, Botany, Chemistry, Computer Science, Earth and Space Science, Engineering, Environmental Science, Gerontology, Mathematics, Medicine and Health, Microbiology, Physics, Zoology, and Team Projects in any science disciplines) from the Regional Fairs in the state.</content><note type="source"><p>Source Note: The provisions of this §4.132 adopted to be effective May 27, 2003, 28 TexReg 4116.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scF/s4.133"><num value="4.133">§4.133</num><heading>Awards</heading><content>The TSSEF may award prizes to 1st through 5th place winners in each of the 15 divisions recognized by the ISEF. In addition, a number of special awards, including industry and society awards, may be given.</content><note type="source"><p>Source Note: The provisions of this §4.133 adopted to be effective May 27, 2003, 28 TexReg 4116.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scF/s4.134"><num value="4.134">§4.134</num><heading>Organizations and Operations</heading><content>The Board may contract with public or private entities to conduct the State Fair. The Board shall coordinate the TSSEF with regional science and engineering fairs held in the state.</content><note type="source"><p>Source Note: The provisions of this §4.134 adopted to be effective May 27, 2003, 28 TexReg 4116.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scF/s4.135"><num value="4.135">§4.135</num><heading>Dissemination of Information and Rules</heading><content>The TSSEF shall operate under the rules of the International Science and Engineering Fair (ISEF) and its publication International Rules for Precollege Science Research: Guidelines for Science and Engineering Fairs.</content><note type="source"><p>Source Note: The provisions of this §4.135 adopted to be effective May 27, 2003, 28 TexReg 4116.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scG"><num value="G">SUBCHAPTER G</num><heading>EARLY COLLEGE HIGH SCHOOLS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.151"><num value="4.151">§4.151</num><heading>Purpose</heading><content>The purpose of this subchapter is to provide oversight by the Board of public colleges or universities engaged in partnerships establishing early college high schools. The rules and regulations for public colleges or universities to engage in dual credit partnerships with secondary schools as provided for in this subchapter pertain only to Early College High Schools and Pathways in Technology Early College High Schools in accordance with §4.153 of this title (relating to Definitions).</content><note type="source"><p>Source Note: The provisions of this §4.151 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 30, 2009, 34 TexReg 8507; amended to be effective November 28, 2012, 37 TexReg 9358; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.152"><num value="4.152">§4.152</num><heading>Authority</heading><content>Texas Education Code, §§29.908, 29.557, 61.076, 130.001(b)(3) - (4), 130.008, and 130.090 provide the Board with the authority to regulate courses and programs offered by public institutions of higher education in cooperation with secondary schools.</content><note type="source"><p>Source Note: The provisions of this §4.152 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 22, 2005, 30 TexReg 7725; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.153"><num value="4.153">§4.153</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Assessment--The criterion-referenced assessment instruments adopted by the Board to assess a student's readiness to enroll in college-level coursework or curricula.(2) Board--The Texas Higher Education Coordinating Board.(3) College--Texas public two-year colleges or public universities.(4) Commissioner--The Commissioner of Higher Education.(5) Early College High School or ECHS--The institution or entity designated by the Texas Education Agency as an Early College High School in accordance with §102.1091 Part 2 of this title (relating to Early College High Schools), that provides the outreach, curricula, and student learning and support programs that enable the participating student to combine high school courses and college-level courses during grade levels 9 through 12 to earn a high school diploma and up to 60 semester credit hours toward an associate or baccalaureate degree by the fifth anniversary of the student's first day of high school.(6) Pathways in Technology Early College High School or P-TECH--The institution or entity designated by the Texas Education Agency as an Pathways in Technology Early College High School in accordance with §102.1095 Part 2 of this title (relating to Pathways in Technology Early College High School), that provides the outreach, curricula, and student learning and support programs that enable the participating student to combine high school courses, college-level courses, and work-based education programs during grade levels 9 through 12 to earn a high school diploma and up to 60 semester credit hours toward an associate or baccalaureate degree by the sixth anniversary of the student's first day of high school.</content><note type="source"><p>Source Note: The provisions of this §4.153 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 30, 2009, 34 TexReg 8507; amended to be effective November 28, 2012, 37 TexReg 9358; amended to be effective November 24, 2013, 38 TexReg 8424; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.155"><num value="4.155">§4.155</num><heading>Student Eligibility</heading><content>(a) Students participating in an ECHS or P-TECH must meet eligibility requirements in accordance with §§4.81 - 4.85 of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges) to enroll in college level courses for dual credit.(b) A student participating in an ECHS or P-TECH is eligible to enroll in workforce education dual credit courses contained in a postsecondary Level 1 certificate program, or a program leading to a credential of less than a postsecondary Level 1 certificate, at a public junior college or public technical institute and shall not be required to provide demonstration of college readiness or dual credit enrollment eligibility.(c) An ECHS shall assess each student for readiness to enroll in any academic course, or course contained in a workforce education postsecondary Level 2 certificate or applied associate degree program, prior to the student's enrollment in the course.(d) For this assessment, an ECHS or P-TECH may use any instrument otherwise approved by the Board for Texas Success Initiative purposes in accordance with §4.54 (relating to Exemptions, Exceptions, and Waivers), §4.56 (relating to Assessment Instrument), and §4.57 (relating to College Ready Standards) of this title.</content><note type="source"><p>Source Note: The provisions of this §4.155 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 30, 2009, 34 TexReg 8507; amended to be effective November 28, 2012, 37 TexReg 9358; amended to be effective September 4, 2014, 39 TexReg 6844; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.156"><num value="4.156">§4.156</num><heading>Faculty Selection, Supervision, and Evaluation</heading><content>(a) The college shall select instructors of all college-level curricula offered for college credit in an ECHS. These instructors must be regularly employed faculty members of the college or meet the same standards, including but not limited to, minimal requirements of the Southern Association of Colleges and Schools Commission on Colleges(b) The college shall supervise and evaluate instructors of college-level curricula offered for college credit using the same or comparable procedures used for faculty at the college.</content><note type="source"><p>Source Note: The provisions of this §4.156 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 28, 2012, 37 TexReg 9358; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.157"><num value="4.157">§4.157</num><heading>Course Curriculum, Instruction, and Grading</heading><content>The college shall ensure that curricula offered for college credit and comparable courses offered by the college are equivalent with respect to the curriculum, materials, instructional activity, and method/rigor of evaluation of student performance.</content><note type="source"><p>Source Note: The provisions of this §4.157 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.158"><num value="4.158">§4.158</num><heading>Transcripting of Credit</heading><content>The college shall determine when the college credit for each ECHS or P-TECH student should appear on the college transcript.</content><note type="source"><p>Source Note: The provisions of this §4.158 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 28, 2012, 37 TexReg 9358; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scG/s4.160"><num value="4.160">§4.160</num><heading>Funding</heading><content>(a) State funding for high school and college credit will be available to the public school district and the college based on the current funding rules of the State Board of Education and the Board.(b) The college may claim funding for all ECHS or P-TECH students receiving college credit.</content><note type="source"><p>Source Note: The provisions of this §4.160 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 28, 2012, 37 TexReg 9358; amended to be effective May 22, 2019, 44 TexReg 2455.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scH"><num value="H">SUBCHAPTER H</num><heading>P-16 COLLEGE READINESS AND SUCCESS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scH/s4.171"><num value="4.171">§4.171</num><heading>Purpose</heading><content>The purpose of this subchapter is:(1) To establish rules, in cooperation with the commissioner of education, for the implementation of the P-16 College Readiness and Success Strategic Action Plan recommended by the statewide P-16 Council and adopted by the board;(2) To establish the composition and duties of the statewide discipline-based college readiness vertical teams that have the responsibility to develop and recommend college readiness standards to the commissioner and the commissioner of education; and(3) To establish the criteria for student participation, public school eligibility, and institutional eligibility for implementing programs to enhance student success.</content><note type="source"><p>Source Note: The provisions of this §4.171 adopted to be effective November 19, 2006, 31 TexReg 9287; amended to be effective February 18, 2007, 32 TexReg 526.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scH/s4.172"><num value="4.172">§4.172</num><heading>Authority</heading><content>(a) Texas Education Code, §61.0761 provides the board with the authority to adopt rules to implement the P-16 College Readiness and Success Strategic Action Plan, in cooperation with the commissioner of education,(b) Texas Education Code, §28.008 provides the commissioner with the authority to determine, in cooperation with the commissioner of education, the composition of statewide discipline-based college readiness vertical teams.(c) Texas Education Code, §61.0762 provides the board with the authority to adopt rules to implement programs to enhance student success.</content><note type="source"><p>Source Note: The provisions of this §4.172 adopted to be effective November 19, 2006, 31 TexReg 9287; amended to be effective February 18, 2007, 32 TexReg 526.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scH/s4.173"><num value="4.173">§4.173</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Closing the Gaps by 2015--The master plan for higher education for the state of Texas, adopted in October 2000 by the Texas Higher Education Coordinating Board, directed at closing educational gaps within Texas, as well as between Texas and other states, and which has four goals: to close the gaps in student participation, student success, excellence, and research.(2) College entrance assessment--The ACT and SAT or other assessments as determined by the commissioner that serve as indicators of student college readiness.(3) College readiness assessment--The ACT PLAN and College Board Preliminary SAT or other assessments as determined by the commissioner that serve as early indicators of student college readiness.(4) College readiness standards--The knowledge and skills expected of students to perform successfully in the workplace and in entry-level courses offered at institutions of higher education.(5) College ready student--One who has the knowledge and skills necessary to begin entry-level college courses with a reasonable likelihood of success and does not require developmental education.(6) Commissioner--The commissioner of higher education.(7) Faculty--A person who is employed by an institution of higher education on a full- or part-time basis as a member of the faculty or staff and whose duties including teaching, research, administration (including professional librarians), or the performance of professional services. The term does not include a person employed in a position which is in the institution's classified personnel system, or a person employed in a similar type of position if the institution does not have a classified personnel system.(8) Institution of higher education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.(9) Statewide discipline-based college readiness vertical teams--Teams composed of public school educators and higher education faculty whose duties are consistent with those provided under §28.008(b) of the Texas Education Code.</content><note type="source"><p>Source Note: The provisions of this §4.173 adopted to be effective February 18, 2007, 32 TexReg 527.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scH/s4.174"><num value="4.174">§4.174</num><heading>P-16 College Readiness and Success Strategic Action Plan</heading><content>(a) To increase student success and decrease the number of students enrolling in developmental course work in institutions of higher education, the board, in cooperation with the commissioner of education, shall implement the P-16 College Readiness and Success Strategic Action Plan as recommended by the statewide P-16 Council and adopted by the board pursuant to Texas Education Code, §61.0761(a).(b) The initiatives and activities to be implemented under the P-16 College Readiness and Success Strategic Action Plan include the creation of statewide discipline-based vertical teams outlined in Texas Education Code, §28.008, and programs to enhance student success outlined in Texas Education Code, §61.0762.</content><note type="source"><p>Source Note: The provisions of this §4.174 adopted to be effective February 18, 2007, 32 TexReg 527.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scH/s4.175"><num value="4.175">§4.175</num><heading>Composition and Duties of Statewide Discipline-Based College Readiness Vertical Teams</heading><content>(a) There shall be a total of four statewide discipline-based college readiness vertical teams: one each in English/Language Arts, Mathematics, Science, and Social Studies. All teams shall be composed of a minimum of 8 and a maximum of 20 members per subject area who represent the following:(1) All levels of public school educators;(2) Faculty from higher education to include public junior colleges, public community colleges, public technical institutes, public state colleges, public senior colleges or universities, and private or independent institutions of higher education as defined in Texas Education Code, §61.003;(3) A balance between small and large districts;(4) Various geographic regions of the state; and(5) Overall demographics of the state.(b) A maximum of 60 percent of the statewide discipline-based college readiness vertical teams shall be composed of faculty from institutions of higher education.(c) The statewide discipline-based college readiness vertical teams shall develop college readiness standards as defined in Texas Education Code, §28.008(b)(1). The teams may create an interdisciplinary vertical team composed of one public education member and one higher education member from each discipline-based college readiness vertical team to review the standards and determine commonalities among the disciplines. The statewide discipline-based college readiness vertical teams shall recommend the college readiness standards to the commissioner of education and the commissioner.(d) Upon completion of the development of college readiness standards, the statewide discipline-based college readiness vertical teams shall develop recommendations for curriculum alignment with college readiness standards and other materials as defined in Texas Education Code, §28.008(b)(2) - (5). The teams shall be re-constituted at that time to ensure that a maximum of 60 percent of each of the re-constituted statewide discipline-based college readiness vertical teams shall be composed of secondary public education teachers employed full-time in Texas public school districts.</content><note type="source"><p>Source Note: The provisions of this §4.175 adopted to be effective February 18, 2007, 32 TexReg 527; amended to be effective May 14, 2007, 32 TexReg 2638.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scH/s4.176"><num value="4.176">§4.176</num><heading>Appointment of Higher Education Faculty to the Statewide Discipline-Based College Readiness Vertical Teams</heading><content>(a) The commissioner shall determine the criteria for selecting faculty from institutions of higher education for appointment to the four statewide discipline-based college readiness vertical teams.(b) The commissioner shall solicit recommendations for appointment from institutions of higher education and appropriate higher education organizations.(c) Appointments by the commissioner to the statewide discipline-based college readiness vertical teams outlined in §4.173(a) shall be made no later than December 29, 2006.(d) Members representing institutions of higher education on the statewide discipline-based college readiness vertical teams outlined in §4.173(a) may be removed or replaced at the discretion of the commissioner.</content><note type="source"><p>Source Note: The provisions of this §4.176 adopted to be effective February 18, 2007, 32 TexReg 527.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scH/s4.177"><num value="4.177">§4.177</num><heading>Criteria for Student Participation and Institutional and Public School Eligibility for Implementing Programs to Enhance Student Success</heading><content>(a) Higher education bridge programs. The purpose of this program is for institutions of higher education to provide public high school students and other eligible students who are not college-ready with appropriate instruction and other activities during summer or other timeframes approved by the Coordinating Board to ensure eligible students achieve college readiness.(1) Only institutions offering bridge programs outlined under Texas Education Code, §61.0762, shall be subject to this subsection.(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement bridge programs under this subsection. The focus of these programs shall include mathematics, science, social science, and/or English language arts for the following categories of public high school students:(A) Exiting 12th grade students, in the summer following their senior year, who have not met the minimum passing standards for college readiness as outlined under §4.57 of this title (relating to Minimum Passing Standards) or who are not exempt from requirements of the Texas Success Initiative as outlined under §4.54 of this title (relating to Exemptions/Exceptions); or(B) 10th and 11th grade students, in the summer following their sophomore and junior year, respectively, who have not achieved the predicted score for college readiness on the Texas Assessment of Knowledge and Skills, or appropriate college readiness predictors or scores on other assessments of college readiness as determined by the commissioner.(3) Other qualifications or requirements for student participation, public school eligibility, and institutional eligibility for implementing bridge programs shall be outlined in the request for proposal/application, memorandum of understanding, or other agreement.(b) Developmental education initiatives. The purpose of this program is to provide incentive funding to institutions who commit to implementing research-based and/or innovative developmental education initiatives.(1) Only institutions offering developmental education initiatives under Texas Education Code, §61.0762, shall be subject to this subsection.(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement developmental education initiatives under this subsection. The focus of these programs shall include mathematics, science, social science, and/or English language arts for students who have not met the minimum passing standards for college readiness as outlined under §4.57 of this title or who are not exempt from requirements of the Texas Success Initiative as outlined under §4.54 of this title.(c) Intensive programs. The purpose of this program is for institutions of higher education to provide eligible students who are at risk of dropping out of college with appropriate instruction and other activities during summer or other timeframes approved by the Coordinating Board to ensure students persist and complete an undergraduate credential or degree.(1) Only institutions offering intensive programs outlined under Texas Education Code, §61.0762, shall be subject to this subsection.(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement intensive programs under this subsection. The focus of these programs shall include mathematics, science, social science, and/or English language arts. The categories of students to be served by these programs shall be outlined in the request for proposal/application, memorandum of understanding, or other agreement as identified by the commissioner to address the participation and success goals of Closing the Gaps by 2015.(d) Professional development for higher education faculty. The purpose of this program is to provide higher education faculty with professional development programs or activities on college readiness standards and the implications of these standards on instruction.(1) Only institutions offering professional development for faculty outlined under Texas Education Code, §61.0762, shall be subject to this subsection.(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement activities or programs of professional development for faculty under this subsection. The focus of these programs shall be limited to faculty who have responsibilities for developmental education and entry-level courses and to the knowledge and skills, reflected in the college readiness standards, that faculty can reasonably expect students to have achieved who are entering those courses from public schools.(3) Other qualifications or requirements for institutional eligibility for implementing faculty professional development activities and programs shall be outlined in the request for proposal/application, memorandum of understanding, or agreement.(e) Other programs that support the participation and success goals of Closing the Gaps by 2015. Additional programs may be identified by the commissioner to address the participation and success goals of Closing the Gaps by 2015. As programs are identified, qualifications and requirements for student participation and institutional or public school eligibility shall be determined by the commissioner or his/her designee.</content><note type="source"><p>Source Note: The provisions of this §4.177 adopted to be effective February 18, 2007, 32 TexReg 527; amended to be effective December 3, 2009, 34 TexReg 8507.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scI"><num value="I">SUBCHAPTER I</num><heading>NURSING EDUCATION PERFORMANCE INITIATIVE</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scI/s4.181"><num value="4.181">§4.181</num><heading>Purpose and Authority</heading><content>The purpose of this subchapter is to describe the Board's initiative to promote the retention and graduation of students enrolled in initial licensure nursing programs and to recognize those programs that achieve a graduation rate of 85 percent or more. The Board is authorized to establish rules for this initiative under Texas Education Code §61.0901.</content><note type="source"><p>Source Note: The provisions of this §4.181 adopted to be effective November 28, 2007, 32 TexReg 8485.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scI/s4.182"><num value="4.182">§4.182</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--Commissioner of Higher Education.(3) Initial RN licensure program--A sequence of nursing courses and learning experiences that prepares students for initial licensure as registered nurses.(4) Nursing school--An educational entity of an institution of higher education or hospital that offers the courses and learning experiences of the initial licensure program.(5) Institution of Higher Education--A public or independent university, community college or health-related institution that offers an initial RN licensure program that is approved by the Texas Board of Nursing.(6) Hospital--A public or private hospital that offers an initial RN licensure program that is approved by the Texas Board of Nursing.(7) Graduation rate--A calculation by the Texas Higher Education Coordinating Board that represents the percentage of first-time full-time students enrolled in an initial licensure program in a predefined academic cohort who are reported as graduates of the initial RN licensure program within:(A) 36 months of initial enrollment for two-year programs.(B) 18 months of initial enrollment for one year programs.(8) Best practices--Strategies, activities or approaches that have been shown through research and evaluation to be effective and/or efficient.</content><note type="source"><p>Source Note: The provisions of this §4.182 adopted to be effective November 28, 2007, 32 TexReg 8485.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scI/s4.183"><num value="4.183">§4.183</num><heading>Nursing Education Performance Recognition Program</heading><content>The Board shall recognize nursing schools that are successful in retaining and graduating students from initial RN licensure programs:(1) Eligibility for Recognition. To be eligible for Board recognition, a nursing school must:(A) have an 85 percent or higher graduation rate for the most current year for which rates are calculated by the Board.(B) have an 85 percent NCLEX pass rate or higher for the most current period for which pass rates are available from the Texas Board of Nursing.(C) demonstrate best practices for retaining and graduating students from initial RN licensure programs as determined by the Board.(2) Calculation of Graduation Rate. Board shall calculate graduation rates each year using admission and graduation data submitted by the Registrar of each institution of higher education. Institutions may review the preliminary results of the Board's calculation but may not submit revised data for calculation unless approved by the Commissioner.(3) Demonstration of Best Practices:(A) The nursing school shall:(i) demonstrate to the Board through data collection efforts and analysis the specific strategies and activities that have contributed to a graduation and NCLEX pass rate of 85 percent or higher.(ii) submit a plan for disseminating information about the best practices to nursing programs in the state.(B) The Commissioner shall make the final determination of whether or not the program has demonstrated best practices.(4) Method of Recognition. Nursing schools that meet eligibility requirements for recognition will be reported to the Texas Board of Nursing, Governor, and Texas Legislature each year and the names of their institutions will be posted on the Board's website. Recognized nursing programs are also eligible for incentive funding that shall be used only to increase enrollments and the number of graduates from initial RN licensure programs and to promote best practices in the state.(5) Acknowledgement of Increased Retention Rates. The Board shall acknowledge by letter nursing schools that have not obtained an 85 percent graduation rate or higher, but have otherwise increased graduation rates in their initial RN licensure programs above 50 percent and by more than 10 percent from the previous year to the current year.</content><note type="source"><p>Source Note: The provisions of this §4.183 adopted to be effective November 28, 2007, 32 TexReg 8485.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scJ"><num value="J">SUBCHAPTER J</num><heading>ACCREDITATION</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scJ/s4.191"><num value="4.191">§4.191</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code, §61.051 and §61.003(13), which provides the board with authority to coordinate higher education and designate recognized accreditation organizations.</content><note type="source"><p>Source Note: The provisions of this §4.191 adopted to be effective February 15, 2024, 49 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scJ/s4.192"><num value="4.192">§4.192</num><heading>Recognized Accrediting Organizations</heading><content>(a) The board recognizes institutions of higher education that offer an associate degree or higher, by one of the following organizations:(1) Accrediting Commission for Community and Junior Colleges (ACCJC);(2) Higher Learning Commission (HLC);(3) Middle States Commission on Higher Education (MSCHE);(4) New England Commission of Higher Education (NECHE);(5) Northwest Commission of Colleges and Universities (NWCCU);(6) Southern Association of Colleges and Schools Commission on Colleges (SACSCOC); or(7) Western Association of Schools and Colleges (WASC) Senior College and University Commission.(b) This also includes any revisions to the names of these organizations moving forward.</content><note type="source"><p>Source Note: The provisions of this §4.192 adopted to be effective February 15, 2024, 49 TexReg 664.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scJ/s4.193"><num value="4.193">§4.193</num><heading>Accreditation Status Notification Requirements</heading><content>(a) An institution of higher education that receives any action from a recognized accrediting organization under §4.192 of this subchapter (relating to Recognized Accrediting Organizations), must notify the Board regarding the action in a manner prescribed by the Board.(b) Institutions of higher education shall provide the notification to the Board within thirty days of receiving formal notice of the action from the recognized accrediting organization.</content><note type="source"><p>Source Note: The provisions of this §4.193 adopted to be effective February 11, 2026, 51 TexReg 723.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scK"><num value="K">SUBCHAPTER K</num><heading>INSTRUCTIONAL MATERIAL FOR BLIND AND VISUALLY IMPAIRED STUDENTS AND STUDENTS WITH DYSLEXIA</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scK/s4.201"><num value="4.201">§4.201</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement the provisions of Texas Education Code, §51.970, relating to providing certain electronic copies of instructional material for blind and visually impaired students and students with dyslexia who are enrolled at public institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.201 adopted to be effective November 29, 2007, 32 TexReg 8488.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scK/s4.202"><num value="4.202">§4.202</num><heading>Authority</heading><content>Under Texas Education Code, §51.307, the Board is authorized to adopt rules to implement the provisions of Texas Education Code, §51.970. Texas Education Code, §51.970(h) and (i), authorizes the Board to impose reasonable administrative penalties against publishers and manufacturers, the method for identifying instructional material considered to be required or essential for a student's success in a course, the procedures and standards relating to distribution of electronic copies of instructional material under this section; and any other matter considered necessary or appropriate establish guidelines and reporting requirements.</content><note type="source"><p>Source Note: The provisions of this §4.202 adopted to be effective November 29, 2007, 32 TexReg 8488.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scK/s4.203"><num value="4.203">§4.203</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Blind or visually impaired student--Includes any student whose visual acuity is impaired to the extent that the student is unable to read the print in the standard instructional material used in a course in which the student is enrolled.(2) Coordinating Board--The Texas Higher Education Coordinating Board.(3) Dyslexia--A condition of dyslexia considered to be a disability under the Americans with Disabilities Act (42 U.S.C. §12101 et seq.) or §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794).(4) Institution of higher education--Has the meaning assigned by §61.003(8) of the Texas Education Code.(5) Instructional material--A printed textbook or other printed instructional material or a combination of a printed book and supplementary printed instructional material sold through a Texas bookstore that:(A) conveys information to or otherwise contributes to the learning process of a student; and(B) was first printed with a new copyright date on or after January 1, 2004.(6) Special instructional material--Instructional material in Braille, large print, audio format, digital text, or any other medium or any apparatus that conveys information to or otherwise contributes to the learning process of a blind or visually impaired student or a student with dyslexia.</content><note type="source"><p>Source Note: The provisions of this §4.203 adopted to be effective November 29, 2007, 32 TexReg 8488.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scK/s4.204"><num value="4.204">§4.204</num><heading>Exemptions/Exceptions</heading><content>This section applies only to instructional material that is:(1) written and published primarily for postsecondary instruction of students; and(2) required or essential for a student's completion of a course or program requirement at an institution of higher education, as identified by the instructor of the course for which the instructional material will be used, in consultation with the person at the institution with primary responsibility for services for students with disabilities and in accordance with rules adopted under §4.205 of this chapter (relating to Method for Identifying Instructional Material Considered to be Required or Essential for a Student's Success in a Course).</content><note type="source"><p>Source Note: The provisions of this §4.204 adopted to be effective November 29, 2007, 32 TexReg 8488.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scK/s4.205"><num value="4.205">§4.205</num><heading>Method for Identifying Instructional Material Considered to be Required or Essential for a Student's Success in a Course</heading><content>(a) Materials that are considered required or essential for a course or program requirement are those materials that are:(1) identified in writing by an academic department or instructor as being essential for the student to complete a course and/or program requirements;(2) listed on a course syllabus, or other written format used to describe course, or(3) identified by agreement between instructor and student as essential for completing a program requirement not part of a specific course, such as an independent research project.(b) In order to facilitate students getting their materials in a timely manner, instructors and academic departments shall comply with their institution's procedures for turning in materials and reading lists by the established deadlines.</content><note type="source"><p>Source Note: The provisions of this §4.205 adopted to be effective November 29, 2007, 32 TexReg 8488.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scK/s4.206"><num value="4.206">§4.206</num><heading>The Procedures and Standards Relating to Distribution of Electronic Copies of Instructional Material Under this Section</heading><content>(a) Students who qualify to receive instructional materials under this provision will submit their request to the publisher or manufacturer through their institution. To assist the institution in producing special instructional material, a publisher or manufacturer of instructional material assigned by an institution of higher education for use by students in connection with a course at the institution shall provide to the institution on the institution's request in accordance with this section a copy in an electronic format of the instructional material. The publisher or manufacturer, as applicable, shall provide the electronic copy not later than the 15th business day after the date of receipt of the request or 15th business day after publication of the material, whichever comes later.(b) A request made by an institution of higher education under this provision must:(1) certify that for each blind or visually impaired student or student with dyslexia who will use specialized instructional material based on the requested copy of the material in an electronic format for a course in which the student is enrolled at the institution, either the institution or the student has purchased a printed copy of the instructional material;(2) be signed by the person at the institution with primary responsibility for services for students with disabilities or his designee; and(3) include all available identifying information related to the material, to include but not limited to ISBN number.(c) A publisher or manufacturer may require that a request made by an institution of higher education under this section include from each student for whom the institution is mailing the request a signed statement in which the student agrees:(1) to use the requested electronic copy and related special instructional material only for the student's own educational purposes;(2) not to copy or otherwise distribute in a manner that violates 17 U.S.C. §101 et seq. the requested electronic copy or the instructional material on which the requested electronic copy is based;(3) agree to return electronic copy of instructional material to the institution's disability services office upon re-selling the original printed material, dropping the course for which the material was requested, or withdrawing from the institution; and(4) attest that any violation of provisions contained in the signed statement may jeopardize future provision of electronic formats by the manufacturer or publisher for the student under this section, and may result in further disciplinary measures from the institution.(d) Each electronic copy of instructional material must:(1) be in a format that:(A) except as provided by this subsection, contains all of the information that is in the instructional material, including any text, sidebar, table of contents, chapter headings, chapter subheadings, footnotes, index, glossary, and bibliography, and is approved by the publisher or manufacturer, as applicable, and the institution of higher education as a format that will contain that material; and(B) is compatible with commonly used Braille translation and speech synthesis software; and(C) includes any correction or revision available at the time the electronic copy is provided.(2) If the publisher or manufacturer and the institution of higher education are not able to agree on a format as required by paragraph (1) of this subsection, the publisher or manufacturer, as applicable, shall provide the electronic copy of the instructional material in a format that can be read by a word processing application and that contains as much of the material specified by that subsection as is practicable.(3) Materials provided under this section may be delivered by traditional mail, by email or via a File Transfer Protocol site with notification provided to an institution as to the availability of the material.(e) The Coordinating Board may impose a reasonable administrative penalty, not to exceed $250 per violation, against a publisher or manufacturer that knowingly violates this section. The Coordinating Board shall provide for a hearing to be held, in accordance with Chapter 1, Subchapter B (relating to Dispute Resolution) of Coordinating Board rules, to determine whether a penalty is to be imposed and the amount of any penalty. The Coordinating Board shall base the amount of any penalty on:(1) the seriousness of the violation;(2) any history of a previous violation;(3) the amount necessary to deter a future violation;(4) any effort to correct the violation; and(5) any other matter justice requires.(f) Notwithstanding any other provision of this section, a publisher or manufacturer is not required to comply with subsection (a) or (d) of this section, as applicable, if the coordinating board, using procedures and criteria adopted by coordinating board rule and based on information provided by the publisher or manufacturer, determines that:(1) compliance by the manufacturer or publisher would violate a law, rule, or regulation relating to copyrights; or(2) the instructional material on which the requested electronic copy is based is:(A) out of print; or(B) in a format that makes it impracticable to convert the material into an electronic format.(g) The manufacturer or publisher has the sole discretion to allow an institution to maintain a repository of electronic formats of previously requested instructional materials for re-use in order to comply with this Section. An institution that is authorized to re-use previously requested instructional materials must comply with provisions in subsections (b) and (c) of this section related to requesting instructional material and all other provisions outlined in this section.(h) A manufacturer or publisher may deliver an electronic format authorized under this section with electronic security measures (to include encryption) so long as the measures do not interfere with access for the institution or the student who requested the materials.</content><note type="source"><p>Source Note: The provisions of this §4.206 adopted to be effective November 29, 2007, 32 TexReg 8488.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scL"><num value="L">SUBCHAPTER L</num><heading>FINANCIAL LITERACY TRAINING</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scL/s4.208"><num value="4.208">§4.208</num><heading>Purpose</heading><content>This subchapter establishes rules for general academic teaching institutions to offer training in personal financial literacy to provide students of the institution with the knowledge and skills necessary as self-supporting adults to make important decisions relating to personal financial literacy matters.</content><note type="source"><p>Source Note: The provisions of this §4.208 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scL/s4.209"><num value="4.209">§4.209</num><heading>Authority</heading><content>This subchapter relates to Texas Education Code, Chapter 51, Subchapter F, §51.305, which requires general academic teaching institutions to offer personal financial literacy training to students of the institution.</content><note type="source"><p>Source Note: The provisions of this §4.209 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scL/s4.210"><num value="4.210">§4.210</num><heading>Definitions</heading><content>The following word and term, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: General Academic Teaching Institution--An institution of higher education as defined in Texas Education Code, §61.003.</content><note type="source"><p>Source Note: The provisions of this §4.210 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scL/s4.211"><num value="4.211">§4.211</num><heading>Topics for Financial Literacy Training</heading><content>The topics to be covered in the training shall include, but are not limited to, budgeting, managing debt and credit, saving and investing, preventing identity theft, retirement planning, taxes, insurance and financing of health care. The training may be offered in any format an institution deems appropriate, including online.</content><note type="source"><p>Source Note: The provisions of this §4.211 adopted to be effective August 27, 2012, 37 TexReg 6589; amended to be effective November 24, 2013, 38 TexReg 8424.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scL/s4.212"><num value="4.212">§4.212</num><heading>Implementation</heading><content>The personal financial literacy training shall be made available to students of a general academic teaching institution no later than the 2013 fall semester.</content><note type="source"><p>Source Note: The provisions of this §4.212 adopted to be effective August 27, 2012, 37 TexReg 6589.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scM"><num value="M">SUBCHAPTER M</num><heading>NOTICE REGARDING THE AVAILABILITY OF HIGHER EDUCATION TEXTBOOKS THROUGH MULTIPLE RETAILERS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scM/s4.215"><num value="4.215">§4.215</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §51.9705, Notice Regarding Availability of Textbooks through Multiple Retailers. The rules in this subchapter establish procedures to administer this provision of notice.(b) Purpose. The purpose of this subchapter is to establish a procedure by which each institution of higher education shall provide to each student enrolled at the institution written notice regarding the availability of required or recommended textbooks through university-affiliated bookstores and through retailers other than university-affiliated bookstores.</content><note type="source"><p>Source Note: The provisions of this §4.215 adopted to be effective August 26, 2009, 34 TexReg 5676.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scM/s4.216"><num value="4.216">§4.216</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined in Texas Education Code, §61.003(8).(2) "University-affiliated bookstore"--A bookstore that:(A) sells textbooks for courses offered by an institution of higher education, regardless of whether the bookstore is located on the campus of the institution;(B) is operated by or with the approval of the institution through ownership, a management agreement, a lease or rental agreement, or otherwise; and(C) for the purposes of this subchapter, a "university-affiliated bookstore" also includes a bookstore similarly affiliated with any public institution of higher education as defined in paragraph (1) of this section.</content><note type="source"><p>Source Note: The provisions of this §4.216 adopted to be effective August 26, 2009, 34 TexReg 5676.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scM/s4.217"><num value="4.217">§4.217</num><heading>Notification Requirement</heading><content>Each institution of higher education shall provide to each student enrolled at the institution written notice regarding the availability of required or recommended textbooks through university-affiliated bookstores and through retailers other than university-affiliated bookstores.</content><note type="source"><p>Source Note: The provisions of this §4.217 adopted to be effective August 26, 2009, 34 TexReg 5676.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scM/s4.218"><num value="4.218">§4.218</num><heading>Notification Procedures</heading><content>(a) Each institution of higher education shall provide written notice regarding the availability of textbooks:(1) to each student of the institution during the week preceding each fall and spring semester;(2) to each student enrolled at the institution in a semester or summer term during the first three weeks of the semester or the first week of the summer term, as applicable; and(3) to students or prospective students of the institution attending an orientation conducted by or for the institution.(b) The notice shall be provided in a hard-copy or electronic format in a manner that ensures that the notice is reasonably likely to come to the attention of a student receiving the notice. For current students of an institution, an e-mail sent to the student's designated e-mail address, or institutional e-mail account if another is not designated, shall be sufficient, as shall a hard copy mailed to the student's physical address. For students or prospective students attending an orientation, either an e-mail to their designated e-mail address or a hard copy provided directly to the students shall be sufficient.(c) The notice must contain the following statement: "A student of this institution is not under any obligation to purchase a textbook from a university-affiliated bookstore. The same textbook may also be available from an independent retailer, including an online retailer."</content><note type="source"><p>Source Note: The provisions of this §4.218 adopted to be effective August 26, 2009, 34 TexReg 5676.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scN"><num value="N">SUBCHAPTER N</num><heading>PUBLIC ACCESS TO COURSE INFORMATION</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scN/s4.225"><num value="4.225">§4.225</num><heading>Purpose</heading><content>Each institution of higher education, other than a medical and dental unit, shall make available to the public on the institution's Internet website certain undergraduate course information, and information about available work-study opportunities.</content><note type="source"><p>Source Note: The provisions of this §4.225 adopted to be effective December 3, 2009, 34 TexReg 8508.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scN/s4.226"><num value="4.226">§4.226</num><heading>Authority</heading><content>Texas Education Code; Subchapter Z, Chapter 51, §51.974(g) authorizes the Texas Higher Education Coordinating Board to adopt rules necessary to administer this subchapter. The Texas Education Code, §61.051, describes the Board's role in the Texas system of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.226 adopted to be effective December 3, 2009, 34 TexReg 8508.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scN/s4.227"><num value="4.227">§4.227</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Commissioner--"The Commissioner of Higher Education" means the agency acting through its executive, and his or her designees, staff, or agents.(2) Curriculum Vitae--A document that summarizes the career and qualifications of the instructor of record, including at least the following:(A) all institutions of higher education attended, with the degree(s) earned;(B) all previous teaching positions, including the names of the institutions, the position, beginning and ending dates; and(C) a list of significant professional publications relevant to the academic positions held, including full citation data for each entry.(D) The curriculum vitae may include the instructor's professional contact information, such as office telephone number, work address, and institutional email address. Vitae are not required to include personal information about the instructor, such as the home address or personal telephone number.(3) Departmental Budget Report--If a course is offered through a unit other than a department - such as a program, college, or institute - substitute the budget for that unit as appropriate. If the institution posts general budget data on its website in which the information required by statute is reported, it may substitute a hyperlink to that data in place of a separate departmental budget report. The budget report shall include:(A) detail for the most recent academic year for which data are available;(B) income from all sources; and(C) a summary by functional categories such as salaries and wages, travel, etc. (as defined by the National Association of College and University Business Officers).(4) Institutions of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, other agency of higher education as defined in Texas Education Code, §61.003.(5) Instructor(s) of Record--The primary instructor or co-instructors of a course who are responsible for the course content and the assignment of final grades. This includes tenured and tenure-track faculty, lecturers, adjuncts, and graduate assistants (who are not working under the supervision of an instructor of record). It does not include guest lecturers or others who may be brought in to teach less than fifty percent of the class sessions.(6) Internet Website Home Page--The primary Internet web page that serves as the opening portal to the public for all of the other public web pages and Internet services hosted by the institution. It is commonly the web page with the uniform resource locator (URL) address that ends with the domain suffix ".edu".(7) Medical or Dental Unit--"Medical and dental unit" means Texas A&M University System Health Science Center, Texas Tech University Health Sciences Center, The University of Texas Health Science Center at Houston, The University of Texas Health Science Center at San Antonio, The University of Texas Health Science Center at Tyler, The University of Texas M.D. Anderson Cancer Center, The University of Texas Medical Branch at Galveston, The University of Texas Southwestern Medical Center at Dallas, University of North Texas Health Science Center at Fort Worth, and the Paul L. Foster School of Medicine at Texas Tech University Health Sciences Center at El Paso, and such other medical or dental schools as may be established by statute or as provided in Chapter 61 of the Texas Education Code.(8) Significant Professional Publications--Discipline-related refereed papers/publications, books/book chapters, and juried creative performance accomplishments.(9) Syllabus--A document describing the course that satisfies any standards for syllabi adopted by the institution. The document shall include, at a minimum, the following:(A) brief description of each major course requirement, including each major assignment and examination;(B) the measurable learning outcomes for the course, as defined in Subchapter E, §4.104 of this chapter (relating to Measurable Learning Outcomes for Undergraduate Courses);(C) a general description of the subject matter of each lecture or discussion; and(D) lists of any required or recommended readings.(10) Undergraduate Classroom Course--Any lower- or upper-division credit course offered to five or more students. This includes on-campus, off-campus, distance education, and dual-credit courses (including those taught on high school campuses). It excludes courses with highly variable subject content that are tailored specifically to individual students, such as Independent Study and Directed Reading courses. It excludes laboratory, practicum, or discussion sections that are intrinsic and required parts of larger lecture courses and are directly supervised by the same instructor(s) of record for those large courses.</content><note type="source"><p>Source Note: The provisions of this §4.227 adopted to be effective December 3, 2009, 34 TexReg 8508; amended to be effective May 29, 2012, 37 TexReg 3799; amended to be effective February 18, 2021, 46 TexReg 1055.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scN/s4.228"><num value="4.228">§4.228</num><heading>Internet Access to Course Information</heading><content>(a) Each public institution of higher education, other than a medical and dental unit, shall make available to the public on the institution's Internet website the following information for each undergraduate classroom course offered for credit by the institution: a syllabus, a curriculum vitae for the instructor(s) of record, and (if available) a departmental operating budget from the most recent semester or other academic term during which the institution offered the course. Links to existing data that meet legislative requirements may suffice.(b) If multiple sections of a course use an identical syllabus with identical assignments and readings, only one syllabus shall be posted. The curriculum vitae of each instructor(s) of record for each section shall be posted.(c) All course information described in subsection (a) of this section must be:(1) accessible from the institution's Internet website home page by use of not more than three links;(2) searchable by keywords and phrases;(3) accessible to the public without requiring registration or use of a user name, a password, or another user identification;(4) available not later than the seventh day after the first day of classes for the semester or other academic term during which the course is offered; and(5) updated as soon as practicable after the information changes, at least once for every semester in which the course is offered.(d) The institution shall continue to make the information available on the institution's Internet website until at least the second anniversary of the date on which the institution initially posted the information. An up-to-date curriculum vitae must be available for each instructor of each course for two years after the course is taught.(e) Institutions shall conduct end-of-course student evaluations of faculty for each undergraduate classroom course as defined in §4.227(10) of this title, and develop a plan to make evaluations publicly available on the institution's website.(f) The governing body of the institution shall designate an administrator to be responsible for ensuring implementation of this section. Not later than January 1 of each odd-numbered year, each institution of higher education shall submit a written report regarding the institution's compliance with this section to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over higher education.(g) Institutions must begin compliance with these rules no later than August 15, 2010.</content><note type="source"><p>Source Note: The provisions of this §4.228 adopted to be effective December 3, 2009, 34 TexReg 8508.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scO"><num value="O">SUBCHAPTER O</num><heading>OPEN EDUCATIONAL RESOURCES GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.230"><num value="4.230">§4.230</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules to establish the Open Educational Resources (OER) Grant Program, under which the Board awards grant payments to eligible Texas institutions of higher education, as defined in Texas Education Code 61.003(8), to adopt, modify, redesign, or develop one or more courses using only open educational resources.</content><note type="source"><p>Source Note: The provisions of this §4.230 adopted to be effective February 28, 2018, 43 TexReg 1067; amended to be effective November 16, 2022, 47 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.231"><num value="4.231">§4.231</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, Chapter 61, Subchapter 61.0668, which provides the board with the authority to adopt rules to administer this grant program, and Senate Bill 1, 87th Texas Legislature, Regular Session, Rider 49.</content><note type="source"><p>Source Note: The provisions of this §4.231 adopted to be effective February 28, 2018, 43 TexReg 1067; amended to be effective November 16, 2022, 47 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.232"><num value="4.232">§4.232</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise.(1) Board or THECB--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Eligible Applicant--A Texas institution of higher education as defined in Texas Education Code 61.003(8).(4) Institution of Higher Education--Any public technical institute, public junior college, public senior college or university, or medical or dental unit, or other agency of higher education as defined by Texas Education Code, 61.003(8).(5) Open Educational Resources (OER)--A teaching, learning, or research resource that is in the public domain or has been released under an intellectual property license that permits the free use, adaptation, and redistribution of the resource by any person. The term may include full course curricula, course materials, modules, textbooks, media, assessments, software, and any other tools, materials, or techniques, whether digital or otherwise, used to support access to knowledge, as defined in Texas Education Code 51.451(4-a).(6) Request for Applications (RFA)--A type of solicitation notice in which the THECB announces available grant funding, sets forth the guidelines governing the program, provides evaluation criteria for submitted applications, and provides instructions for eligible entities to submit applications for such funding. The guidelines governing the program may include a Letter of Intent, eligibility requirements, performance expectations, budget guidelines, reporting requirements, and other standards of accountability for this program.</content><note type="source"><p>Source Note: The provisions of this §4.232 adopted to be effective February 28, 2018, 43 TexReg 1067; amended to be effective November 16, 2022, 47 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.233"><num value="4.233">§4.233</num><heading>Eligibility</heading><content>Texas institutions of higher education as defined by Texas Education Code 61.003(8) are eligible to apply for a grant under this program.</content><note type="source"><p>Source Note: The provisions of this §4.233 adopted to be effective February 28, 2018, 43 TexReg 1067; amended to be effective November 16, 2022, 47 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.234"><num value="4.234">§4.234</num><heading>Grant Application Procedures</heading><content>To qualify for funding consideration, each eligible applicant must submit an application to Board staff. Each application must:(1) Be submitted electronically in a format specified in the RFA; and(2) Adhere to the grant program requirements contained in the RFA; and(3) Be submitted with proper authorization on or before the day and time specified by the RFA.</content><note type="source"><p>Source Note: The provisions of this §4.234 adopted to be effective February 28, 2018, 43 TexReg 1067.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.235"><num value="4.235">§4.235</num><heading>Award Amounts</heading><content>(a) The maximum amount of funding available to the program is dependent on the legislative appropriation for each biennium. Award levels and the maximum number of awards will be specified in the RFA.(b) The Board shall delegate to the Commissioner general authority to award all OER grant program grants after receiving recommendations from qualified reviewers.(c) Award criteria may be adjusted by Board staff to best fulfill the purpose of a single request for applications if those adjusted award criteria are included in the request for applications.</content><note type="source"><p>Source Note: The provisions of this §4.235 adopted to be effective February 28, 2018, 43 TexReg 1067.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.236"><num value="4.236">§4.236</num><heading>Review Criteria</heading><content>Applicants shall be selected for funding based on requirements and award criteria provided in the RFA. Award criteria will include, but may not be limited to, consideration of the following factors:(1) The projected amount of money saved due to the use of OER in the course; and(2) The evaluation of the application by three selected qualified reviewers, as determined by Board staff.</content><note type="source"><p>Source Note: The provisions of this §4.236 adopted to be effective February 28, 2018, 43 TexReg 1067; amended to be effective November 16, 2022, 47 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.237"><num value="4.237">§4.237</num><heading>Reporting Criteria</heading><content>Grantees must file reports with Board staff as required by the RFA for each applicable course for each of the four semesters immediately following OER implementation. Grantees will provide information that includes, but is not limited to, the following:(1) The number of students who have completed the course associated with the grant;(2) An estimate of the amount of money saved due to the use of OER in the course;(3) A description of the OER used in the course;(4) The number of faculty members known to have adopted the OER associated with the grant for a course; and(5) Any other information required by the RFA.</content><note type="source"><p>Source Note: The provisions of this §4.237 adopted to be effective February 28, 2018, 43 TexReg 1067; amended to be effective November 16, 2022, 47 TexReg 7554.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scO/s4.238"><num value="4.238">§4.238</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grant Solicitations. The Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by Board staff.</content><note type="source"><p>Source Note: The provisions of this §4.238 adopted to be effective February 28, 2018, 43 TexReg 1067.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scP"><num value="P">SUBCHAPTER P</num><heading>PROGRAM OF STUDY INSTITUTIONAL REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scP/s4.250"><num value="4.250">§4.250</num><heading>Authority and Purpose</heading><content>(a) The Board is authorized to adopt rules and establish policies and procedures for the development, adoption, implementation, funding, and evaluation of career and technical education Program of Study Curricula, under Texas Education Code, §61.8235. (b) The purpose of this subchapter is to provide for the development and implementation of career and technical education Program of Study structures and policies for Level 1 Certificates, which consist of at least 15 semester credit hours and no more than 42 semester credit hours and are designed for a student to complete in one calendar year or less, that encourage statewide credit portability for degree completion and support recognition and credit transfer for dual-credit achievement.</content><note type="source"><p>Source Note: The provisions of this §4.250 adopted to be effective November 13, 2025, 50 TexReg 7239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scP/s4.251"><num value="4.251">§4.251</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Career Cluster--Commissioner-approved organizing unit that is the basis for the development of programs of study.(2) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(3) Commissioner--The Texas Commissioner of Higher Education.(4) Credential--A grouping of subject matter courses or demonstrated mastery of specified content which entitles a student to documentary evidence of completion. This term encompasses certificate programs, degree programs, and other kinds of formal recognition such as short-term workforce credentials or a combination thereof. (5) Equivalent Course Credit--Credit awarded to a student, in recognition that a course from one two-year institution is comparable to a course at another two-year institution, that allows the student to fulfill credential completion requirements.(6) Program of Study Curriculum--The block of courses that progress in content specificity by beginning with all aspects of a career cluster, including career and technical education standards, which address relevant career and technical education content and that incorporate entry and exit points. (7) Program of Study Foundation Courses--A set of core career and technical education courses that compose the Program of Study Curriculum in a Level 1 Certificate. (8) Program of Study Level 1 Certificate--The credential conferred to a student upon successful completion of the Program of Study Curriculum. A Program of Study Level 1 Certificate consists of at least 15 semester credit hours and no more than 42 semester credit hours and is designed for a student to complete in one calendar year or less.(9) Public Two-Year Institution--Any community, technical, or state college as defined in Texas Education Code, §61.003.(10) Workforce Education Course Manual--An online database composed of the Coordinating Board's statewide inventory of approved career and technical education courses available for institutions to use in industry-recognized credentials, certificates, and applied associate degree programs.</content><note type="source"><p>Source Note: The provisions of this §4.251 adopted to be effective November 13, 2025, 50 TexReg 7239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scP/s4.252"><num value="4.252">§4.252</num><heading>General Provisions</heading><content>(a) This subchapter applies specifically to semester credit hour career and technical education Program of Study Level 1 Certificates and does not apply to academic programs and associate degree programs.(b) Institutional policies regarding acceptance of credit for credit-by-examination, and other credit-earning instruments must be consistent with the institution's accreditor's guidelines and must treat transfer and intra-institutional students in the same manner.(c) Nothing in this subchapter limits the authority of an institution of higher education to establish its own admissions standards or grading policies, provided they are consistent with this subchapter and apply equally to both transfer and intra-institutional students.(d) A public two-year institution shall comply with the institution's approved institutional credit transfer policy in the determination to award credit for successful completion of one or more Program of Study Foundation Courses.(e) A public two-year institution shall post the institution's approved institutional credit transfer policy in a prominent place on its website for reference by prospective students.(f) A public two-year institution shall include each Program of Study Foundation Course that a student has successfully completed on the student's transcript, as recommended by the Texas Association of Collegiate Registrars and Admissions Officers.(g) A public two-year institution shall include each Program of Study Foundation Course that a student successfully completed prior to enrolling at the institution and for which the institution awarded equivalent course credit on the student's transcript.(h) The Coordinating Board shall maintain a public website that includes all approved Program of Study Curricula.</content><note type="source"><p>Source Note: The provisions of this §4.252 adopted to be effective November 13, 2025, 50 TexReg 7239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scP/s4.253"><num value="4.253">§4.253</num><heading>Program of Study Credit Transfer</heading><content>(a) A postsecondary student enrolled in a Program of Study Level 1 Certificate who laterally transfers from a public two-year institution to another public two-year institution that offers a similar program, regardless of whether the institution has adopted the Program of Study Level 1 Certificate, shall receive equivalent course credit from the institution to which the student transferred for each Program of Study Foundation Course that the student had successfully completed in the Program of Study Curriculum.(b) A secondary student who successfully completes one or more Program of Study Foundation Courses in a Program of Study Curriculum while enrolled in dual-credit and who subsequently enrolls in a public two-year institution that offers a similar course or courses, regardless of whether the institution has adopted the Program of Study Level 1 Certificate, shall receive equivalent course credit from the institution. (c) Unless otherwise prohibited by the institution's accreditor:(1) A postsecondary student who transfers and receives equivalent course credit may complete the Program of Study Level 1 Certificate at the receiving institution by completing only the remaining Program of Study Foundation Courses and semester credit hours that are required in the Program of Study Curriculum.(2) A secondary student who enrolls in a Program of Study Level 1 Certificate and receives equivalent course credit may complete the Program of Study Level 1 Certificate at the institution by completing only the remaining Program of Study Foundation Courses and semester credit hours that are required in the Program of Study Curriculum.</content><note type="source"><p>Source Note: The provisions of this §4.253 adopted to be effective November 13, 2025, 50 TexReg 7239.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scP/s4.254"><num value="4.254">§4.254</num><heading>Effective Date of Rules</heading><content>This subchapter is effective January 1, 2026.</content><note type="source"><p>Source Note: The provisions of this §4.254 adopted to be effective November 13, 2025, 50 TexReg 7239.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scQ"><num value="Q">SUBCHAPTER Q</num><heading>APPROVAL OF OFF-CAMPUS AND SELF-SUPPORTING COURSES AND PROGRAMS FOR PUBLIC INSTITUTIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.270"><num value="4.270">§4.270</num><heading>Purpose</heading><content>This subchapter establishes rules for all public institutions of higher education in Texas regarding the delivery of off-campus and on-campus self-supporting courses and programs. The rules are designed to provide Texas residents with access to off-campus courses and self-supporting courses and programs that meet their needs, to ensure course and program quality, and to assure the adequacy of the technical and managerial infrastructure necessary to support such courses and programs.</content><note type="source"><p>Source Note: The provisions of this §4.270 adopted to be effective February 23, 2010, 35 TexReg 1452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.271"><num value="4.271">§4.271</num><heading>Authority</heading><content>Authority for this subchapter is provided by Texas Education Code §61.0512(g) which provides the Board with the authority to approve courses for credit and distance education programs, including off-campus and self-supporting programs, and Texas Education Code §130.008 and §28.009, which provide for the offering of dual credit courses by public institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.271 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective November 24, 2013, 38 TexReg 8425.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.272"><num value="4.272">§4.272</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic credit course--A college-level course that, if successfully completed, can be applied toward the number of courses required for achieving a degree, diploma, certificate, or other formal award.(2) Area Institution--A university, health-related institution, independent institution, or legislatively established or Board-approved higher education center which is within a 50-mile radius of a proposed off-campus instruction site.(3) Board--The Texas Higher Education Coordinating Board.(4) Clinical course--An academic credit course that is a health-related, work-based learning experience that enables the student to apply specialized occupational theory, skills, and concepts.(5) Clinical facility--A health care facility which provides learning experiences for students.(6) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents.(7) Community College--Any public community college as defined in Texas Education Code, §61.003 and §130.005, and whose role, mission, and purpose is outlined in Texas Education Code, §130.0011 and §130.003.(8) Continuing Education Course--A non-credit higher education technical course offered for continuing education units, has specific occupational and/or apprenticeship training objectives, and provides a quick and flexible response to business, industry, and student needs for intensive preparatory, supplemental, or upgrade training and education.(9) Continuing Education Unit or CEU--Ten contact hours of participation in an organized educational experience under responsible sponsorship, capable direction, and qualified instruction and not offered for academic credit.(10) Degree--Any title or designation, mark, abbreviation, appellation, or series of letters or words, including "associate", "bachelor's", "master's", and "doctor's" and their equivalents and foreign cognates, which signifies satisfactory completion of the requirements of a program of study which is generally regarded and accepted as an academic degree-level program by accrediting agencies recognized by the Board.(11) Doctoral Degree--An academic degree beyond the level of a master's degree that typically represents the highest level of formal study or research in a given field.(12) First-Professional Degree--An award that requires completion of a program that meets all of the following criteria:(A) completion of the academic requirements to begin practice in the profession;(B) at least two years of college work prior to entering the program; and(C) a total of at least six academic years of college work to complete the degree program, including prior required college work plus the length of the professional program itself. First-Professional degrees are discipline-specific, including, but not limited to, degrees such as: Dentistry (D.D.S. or D.M.D.); Medicine (M.D.); Veterinary Medicine (D.V.M.); Law (L.L.B, J.D.); and Pharmacy (Pharm.D).(13) Formula Funding--The method used to allocate appropriated sources of funds among institutions of higher education.(14) Formula-funded Course--An academic credit course delivered face-to-face or by distance education, including correspondence, whose semester credit hours are submitted for formula funding.(15) Institution of Higher Education or Institution--Any public technical institute, public community college, public senior college or university, medical or dental unit, Lamar state college (public state college), or other agency of higher education as defined in Texas Education Code, §61.003.(16) Main Campus--The primary campus or campuses of an institution of higher education supplying instruction and supported by on-site administration, also referred to as on-campus.(17) Non-credit course--A course that results in the award of continuing education units (CEU) as specified by International Association for Continuing Education and Training (IACET) criteria. Only courses that result in the award of CEUs may be submitted for state funding.(18) Off-Campus Course--A course in which a majority (more than 50 percent) of the instruction occurs when the students and instructor(s) are in the same physical location and which meets one of the following criteria: for public senior colleges and universities, Lamar state colleges, or public technical colleges, off-campus locations are locations away from the main campus; for public community colleges, off-campus locations are sites outside the service area.(19) Off-Campus Degree or Certificate Program--A program in which a student may complete a majority (more than 50 percent) of the credit hours required for the program through off-campus courses.(20) Off-Campus Instruction--The formal educational process in which a majority (more than 50 percent) of the instruction occurs when the students and instructor(s) are in the same physical location and which meets one of the following criteria: for public senior colleges and universities, Lamar state colleges, or public technical colleges, off-campus locations are locations away from the main campus; for public community colleges, off-campus locations are sites outside the service area.(21) Out-of-State/Out-of-Country Courses and Programs--Academic credit courses and programs delivered outside Texas/United States to individuals or groups who are not regularly enrolled on-campus students. Out-of-state and out-of-country courses do not receive formula funding.(22) Public Health-Related Institution or Health-Related Institution--A medical or dental unit as defined by Texas Education Code, §61.003(5).(23) Public Technical Institute or College--The Lamar Institute of Technology or any campus of the Texas State Technical College System.(24) Public University or University--A general academic teaching institution as defined by Texas Education Code, §61.003(3).(25) Regional Council--A cooperative arrangement among representatives of all public, private or independent institutions of higher education within a Uniform State Service Region, as established under Texas Education Code, §51.662.(26) Regular On-Campus Student--A student who is admitted to an institution, the majority of whose semester credit hours are reported for formula funding and more than 50 percent of coursework is primarily taken at an institution's main campus or on one or more of the campuses within a multi-campus community college system.(27) Self-Supporting Courses and Programs--Academic credit courses and programs whose semester credit hours are not submitted for formula funding.(28) Semester Credit Hour--A unit of measure of instruction consisting of sixty (60) minutes, of which fifty (50) minutes must be direct instruction, over a fifteen-week period in a semester system.(29) Service Area--The territory served by a community college district as defined in Texas Education Code, §130.161.(30) Study-in-America Courses--Off-campus, academic credit instruction which is delivered outside Texas but in the United States primarily to regular on-campus students.(31) Study-Abroad Courses--Off-campus, academic credit instruction which is delivered outside the United States primarily to regular on-campus students.(32) Workforce continuing education course--A course offered for continuing education units (CEUs) with an occupationally specific objective and supported by state funding. A career technical/workforce continuing education course differs from a community service course offered for recreational or avocational purposes which is not supported by state funding.</content><note type="source"><p>Source Note: The provisions of this §4.272 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective February 23, 2011, 36 TexReg 917; amended to be effective November 26, 2014, 39 TexReg 9203; amended to be effective May 25, 2015, 40 TexReg 2754.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.273"><num value="4.273">§4.273</num><heading>General Provisions</heading><content>(a) This subchapter governs the following types of instruction offered by institutions of higher education:(1) Academic credit courses, clinical courses, degree and certificate programs, and formula-funded workforce continuing education provided by a community college outside the boundaries of its service area through off-campus instruction;(2) Academic credit courses, clinical courses, and degree and certificate programs provided by a public technical college, Lamar State College, public senior college or university, or public health-related institution through off-campus instruction;(3) Formula-funded workforce credit courses and continuing education provided by a public technical college or Lamar State College through off-campus instruction;(4) Academic credit courses and programs offered by any public institution of higher education outside of Texas, including Study-Abroad, Study-in-America, out-of-state, and out-of-country courses; and(5) Self-supporting courses and programs that are offered through off-campus instruction.(b) This subchapter does not apply to the following types of instruction:(1) Non-credit adult and continuing education courses provided through off-campus delivery or as on-campus self-supporting courses or programs by a senior college or university or health-related institution.(2) Continuing education, except formula-funded workforce continuing education, provided by public two-year colleges.</content><note type="source"><p>Source Note: The provisions of this §4.273 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective February 23, 2011, 36 TexReg 917; amended to be effective May 25, 2015, 40 TexReg 2754.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.274"><num value="4.274">§4.274</num><heading>Standards and Criteria for Institutions</heading><content>The following provisions apply to all institutions covered under this subchapter, unless otherwise specified:(1) Institutions shall comply with the standards and criteria of the Southern Association of Colleges and Schools Commission on Colleges.(2) The Commissioner shall establish procedures governing the quality, review, and approval of off-campus and self-supporting programs and courses. The Commissioner may also require institutions to provide reports on off-campus, out-of-state/country, and self-supporting programs and courses.(3) For off-campus programs and self-supporting programs, the parent institution shall notify all potentially affected area institutions in accordance with Board policy and procedures.(4) The Commissioner shall develop procedures and standards for offering out-of-state/country programs and courses and for Study-in-America and Study-Abroad offerings.(5) Institutions shall report enrollments, courses and graduates associated with self-supporting offerings as required by the Commissioner.(6) Institutions shall report fees received for self-supporting and out-of-state/country courses in accordance with general institutional accounting practices.(7) Students shall be provided academic support services appropriate for off-campus instruction such as academic advising, career counseling, library, and other learning resources.(8) Off-campus instruction sites shall be of sufficient quality for the delivery methods and courses offered.</content><note type="source"><p>Source Note: The provisions of this §4.274 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective November 26, 2014, 39 TexReg 9203.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.275"><num value="4.275">§4.275</num><heading>Standards and Criteria for Off-Campus and Self-Supporting Programs</heading><content>The following provisions apply to all programs covered under this subchapter, unless otherwise specified:(1) Each program shall be within the role and mission of the institution responsible for offering the instruction and shall be on its inventory of approved programs.(2) Prior Board approval may be required before an institution may offer programs in certain subject area disciplines or under other conditions specified by the Board or Commissioner.(3) The Commissioner or the Commissioner's designee may approve for delivery by other modes doctoral and special professional degree programs that have previously been approved by the Board.(4) An institution offering an off-campus degree or certificate program shall comply with the standards and criteria of any specialized accrediting agency or professional certification board.(5) Each degree program offered off-campus shall be approved by an institution's governing board or the governing board's institutional designee. Certification of approval shall be submitted to the Board upon request.(6) Institutions shall require that students (except for students in out-of-country programs) enrolled in an off-campus or self-supporting degree program satisfy the same requirements for admission to the institution and the program as required of regular on-campus students. Students in degree programs to be offered collaboratively shall meet the admission standards of their home institution. Out-of-country students shall meet equivalent standards for admission into programs.</content><note type="source"><p>Source Note: The provisions of this §4.275 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective May 24, 2011, 36 TexReg 3183.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.276"><num value="4.276">§4.276</num><heading>Standards and Criteria for Off-Campus and Self-Supporting Courses</heading><content>The following provisions apply to all courses covered under this subchapter, unless otherwise specified:(1) Each course shall be within the role and mission of the institution responsible for offering the instruction and shall be on its inventory of approved courses.(2) Prior Board approval may be required before an institution may offer courses in certain subject area disciplines or under other conditions specified by the Board or Commissioner.(3) Study-in-America and Study-Abroad courses offered by institutions of higher education, or by an approved consortium composed of Texas public institutions, must be reported to the Board in the manner prescribed by the Commissioner in order for the semester credit hours or contact hours generated in those courses to receive formula funding.(4) All courses shall meet the quality standards applicable to on-campus courses.(5) Institutions shall report to the Coordinating Board and notify all potentially affected area institutions all off-campus courses and programs in accordance with Coordinating Board policy and procedures.(6) Except for students in out-of-country courses, students shall satisfy the same requirements for enrollment in an academic credit course as required of on-campus students. Out-of-country students shall be assessed for academic guidance purposes.(7) The instructor of record shall bear responsibility for the delivery of instruction and for evaluation of student progress.</content><note type="source"><p>Source Note: The provisions of this §4.276 adopted to be effective February 23, 2010, 35 TexReg 1452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.277"><num value="4.277">§4.277</num><heading>Standards and Criteria for Off-Campus and Self-Supporting Courses Faculty</heading><content>The following provisions apply to faculty teaching in programs covered under this subchapter, unless otherwise specified:(1) Faculty shall be selected and evaluated by equivalent standards, review, and approval procedures used by the institution to select and evaluate faculty responsible for on-campus courses.(2) Institutions shall provide training and support to enhance the added skills required of faculty teaching off-campus or self-supporting courses.(3) The supervision, monitoring, and evaluation processes for faculty shall be equivalent to those for on-campus courses.</content><note type="source"><p>Source Note: The provisions of this §4.277 adopted to be effective February 23, 2010, 35 TexReg 1452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.278"><num value="4.278">§4.278</num><heading>Functions of Regional Councils</heading><content>(a) Regional Councils shall advise the Commissioner on appropriate policies and procedures for effective state-level administration of off-campus lower-division instruction.(b) With the exception of subsection (e), (i), and (j) of this section, Regional Councils in each of the ten Uniform State Service Regions shall make recommendations to the Commissioner and shall resolve disputes regarding plans for lower-division courses and programs proposed by public institutions.(c) With the exception of subsection (e), (i), and (j) of this section, for any dispute arising from off-campus delivery of lower-division courses to groups, any institution party to the disagreement may appeal first to the Regional Council, and then to the Commissioner and then the Board.(d) Each Regional Council shall make recommendations to the Commissioner regarding off-campus courses and programs proposed for delivery within its Uniform State Service Region in accordance with the consensus views of Council members, except for courses and programs proposed to be offered by public community colleges in their designated service areas and courses and programs governed by the provisions of subsection (e), (i), and (j) of this section.(e) A public community college may enter into an agreement to offer dual credit courses with a high school located in the service area of another public community college without additional regional council approval.(f) Public community colleges shall submit for the appropriate Regional Council's review all off-campus lower-division courses proposed for delivery to sites outside their service areas.(g) With the exception of subsection (h) and (i) of this section, universities, health-related institutions, public technical colleges, and Lamar state colleges shall submit for Regional Council review all off-campus lower-division courses proposed for delivery to sites in the Council's Service Region.(h) Universities, health-related institutions, public community and technical colleges, and Lamar state colleges may offer clinical courses at clinical facilities without Regional Council approval if each of the following criteria is met:(1) the student(s) enrolled in the clinical course is already employed by the clinical facility;(2) the institution receives written verification from the clinical facility that there will be no reduction in the number of clinical opportunities available for use by area institutions; and(3) the institution of higher education shall notify the appropriate Regional Council(s) of the clinical course and provide the Regional Council(s) with written verification from the clinical facility that the course will not reduce the number of clinical opportunities available for use by area institutions.(i) An institution of higher education may offer a credit or noncredit workforce education course or lower-division program without the approval of a higher education regional council in accordance with Education Code §51.981.(j) Universities, health-related institutions, public technical colleges, and Lamar state colleges may enter into an agreement to offer lower-division dual credit courses with a school district and/or high school without additional regional council approval.(k) All institutions of higher education shall provide notice to the Higher Education Regional Councils when planning to offer requested off-campus and/or electronic to groups dual credit courses in the Council's service area.</content><note type="source"><p>Source Note: The provisions of this §4.278 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective February 23, 2011, 36 TexReg 917; amended to be effective November 26, 2014, 39 TexReg 9203; amended to be effective June 6, 2016, 41 TexReg 3997; amended to be effective February 17, 2022, 47 TexReg 649.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scQ/s4.279"><num value="4.279">§4.279</num><heading>Formula Funding General Provisions</heading><content>(a) Institutions shall report off-campus courses submitted for formula funding in accordance with the Board's uniform reporting system and the provisions of this subchapter.(b) Institutions shall not submit for formula funding courses in out-of-state or out-of-country programs, except that a Texas public community college may submit for formula funding courses taught in an approved program offered at a regional airport located no more than five miles across a state line, provided the regional airport:(1) is located in the same Metropolitical Area or Nonmetropolitan Area as promulgated by the United States Office of Management and Budget as the Texas college offering the program;(2) serves Texas residents; and(3) supports the Texas region's economy.(c) Institutions shall not submit self-supporting courses for formula funding.(d) Institutions shall not submit non-state funded lower-division credit courses to Regional Councils.(e) Institutions shall not jeopardize or diminish the status of formula-funded on-campus courses and programs in order to offer self-supporting courses. Self-supporting courses shall not be a substitute for offering a sufficient number of formula-funded on-campus courses.(f) For courses not submitted for formula funding, institutions shall charge fees that are equal to or greater than Texas resident tuition and applicable fees, and that are sufficient to cover the total cost of instruction and overhead, including administrative costs, benefits, computers and equipment, and other related costs. Institutions shall report fees received for self-supporting and out-of-state/country courses in accordance with general institutional accounting practices.</content><note type="source"><p>Source Note: The provisions of this §4.279 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective May 18, 2023, 48 TexReg 2495.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scR"><num value="R">SUBCHAPTER R</num><heading>REVIEW OF LOW-PRODUCING DEGREE PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scR/s4.285"><num value="4.285">§4.285</num><heading>Purpose</heading><content>This subchapter establishes rules regarding the periodic review of low-producing degree and certificate programs at public institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.285 adopted to be effective May 26, 2010, 35 TexReg 4148.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scR/s4.286"><num value="4.286">§4.286</num><heading>Authority</heading><content>Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §61.0512 which describes the Board's role in the Texas system of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.286 adopted to be effective May 26, 2010, 35 TexReg 4148; amended to be effective November 24, 2013, 38 TexReg 8425.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scR/s4.287"><num value="4.287">§4.287</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Degree or certificate program--Any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle the student to receive a degree or certificate from an institution of higher education.(3) Institution of higher education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.(4) Low-Producing Degree Programs--Degree programs that do not meet the following minimum standards for degrees awarded in the program:(A) For career technical certificates, associate and bachelor's programs, an average of five degrees awarded per academic year, to total not fewer than twenty-five degrees awarded for any five-year period;(B) For master's programs, an average of three degrees awarded per academic year, to total not fewer than fifteen degrees awarded for any five-year period; and(C) For doctoral and special professional degrees, an average of two degrees awarded per academic year, to total not fewer than ten degrees awarded for any five-year period.(5) Permanent Exemption--Exemption for degree programs which removes them from the list of low-producing degree programs indefinitely.(6) Related Degree Program--A degree program for which an institution may use common faculty and other resources.</content><note type="source"><p>Source Note: The provisions of this §4.287 adopted to be effective May 26, 2010, 35 TexReg 4148; amended to be effective November 29, 2011, 36 TexReg 8010; amended to be effective November 24, 2013, 38 TexReg 8425.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scR/s4.288"><num value="4.288">§4.288</num><heading>Notification of Low-Producing Degree Programs</heading><content>(a) Coordinating Board staff will post online an annual list of low-producing degree programs.(b) The Board will alert an institution's governing board each year when a degree program has not met the minimum standards for three consecutive years.(c) Completers of career technical certificate programs that are reported under the same CIP code as an existing applied associate's degree program will be counted as completers of the corresponding applied associate's degree program for purposes of determining low-producing status.(d) Academic associate degree programs are not considered to be low producing if they lead to transfer into four-year programs.</content><note type="source"><p>Source Note: The provisions of this §4.288 adopted to be effective May 26, 2010, 35 TexReg 4148; amended to be effective May 25, 2015, 40 TexReg 2755.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scR/s4.289"><num value="4.289">§4.289</num><heading>Exemptions</heading><content>New programs or programs that are granted exemption will be noted on the annual list of low-producing programs, according to the following criteria:(1) A new degree program is exempted for the first five years of program implementation. Annual review begins in the sixth year of implementation.(2) A Master's degree program requiring only courses taught in the corresponding doctoral program is permanently exempted from low-producing status. These degrees are, in effect, terminal master's degrees available to students who are unable to meet doctoral requirements. No additional cost is associated with these degrees.</content><note type="source"><p>Source Note: The provisions of this §4.289 adopted to be effective May 26, 2010, 35 TexReg 4148.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scR/s4.290"><num value="4.290">§4.290</num><heading>Consequences for Non-Exempt Low-Producing Degree Programs</heading><content>Coordinating Board staff may recommend to the institution's governing board the closure of any non-exempt degree program which has been on the annual list of low-producing programs for three or more consecutive years. If the governing board does not accept the recommendation to close the program, then the university system or, where a system does not exist, the institution must identify the program recommended for closure on the next legislative appropriations request submitted by the system or institution. If a system or institution is required to identify a degree program on its legislative appropriations request, the system or institution should also develop a plan to allow the degree program to achieve the minimum standard for the degree awarded, or if the standard is not attainable, provide a rationale describing the merits of continuing the degree program.</content><note type="source"><p>Source Note: The provisions of this §4.290 adopted to be effective May 26, 2010, 35 TexReg 4148; amended to be effective November 24, 2013, 38 TexReg 8425; amended to be effective May 25, 2015, 40 TexReg 2755.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scS"><num value="S">SUBCHAPTER S</num><heading>APPROVAL FOR PARTICIPATION IN THE STATE AUTHORIZATION RECIPROCITY AGREEMENT (SARA) FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.310"><num value="4.310">§4.310</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the coordinating board's oversight for public institutions of higher education regarding participation in State Authorization Reciprocity Agreements.</content><note type="source"><p>Source Note: The provisions of this §4.310 adopted to be effective November 25, 2015, 40 TexReg 8204.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.311"><num value="4.311">§4.311</num><heading>Authority</heading><content>Authority for this subchapter is provided by Texas Education Code §§61.05121, which provides the board with the authority to administer state participation in State Authorization Reciprocity Agreements.</content><note type="source"><p>Source Note: The provisions of this §4.311 adopted to be effective November 25, 2015, 40 TexReg 8204.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.312"><num value="4.312">§4.312</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accredited--Holding institutional accreditation by name as a U.S.-based institution from an accreditor recognized by the U.S. Department of Education. (2) Board or Coordinating Board--The Texas Higher Education Coordinating Board. (3) Commissioner--Commissioner of Higher Education. (4) C-RAC Guidelines--Refers to the Interregional Guidelines for the Evaluation of Distance Education Programs (Online Learning) for best practices in postsecondary distance education developed by leading practitioners of distance education and adopted by the Council of Regional Accrediting Commissions (C-RAC). (5) Distance Education--Instruction offered by any means where the student and faculty member are in separate physical locations. It includes, but is not limited to, online, interactive video or correspondence courses or programs.(6) Home State--A member state where the institution holds its legal domicile. To operate under SARA an institution must have a single home state. (7) Host State--A member state in which an institution operates under the terms of this agreement, other than the home state. (8) Institution--A degree-granting postsecondary entity. (9) Member State--Any state, district or territory that has joined SARA. (10) NC SARA--National Council for State Authorization Reciprocity Agreements.(11) SARA--State Authorization Reciprocity Agreement is an agreement among its member states, districts and U.S. territories that establishes comparable national standards for interstate offering of postsecondary distance education courses and programs. (12) SREB--Southern Regional Education Board</content><note type="source"><p>Source Note: The provisions of this §4.312 adopted to be effective November 25, 2015, 40 TexReg 8204.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.313"><num value="4.313">§4.313</num><heading>Eligibility Criteria</heading><content>(a) Any public degree granting institution of higher education may apply to participate in SARA if its principle campus is located in Texas.(b) All distance education content provided by SARA participants must originate in the United States or a U.S. territory.(c) The institution must be accredited by an accrediting body recognized by the U.S. Department of Education.</content><note type="source"><p>Source Note: The provisions of this §4.313 adopted to be effective November 25, 2015, 40 TexReg 8204.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.314"><num value="4.314">§4.314</num><heading>Admission to SARA</heading><content>All eligible institutions may apply to the Coordinating Board for admission to SARA under the signature of the institution's chief academic officer. Coordinating Board staff will review the application and make a determination to approve or deny the request to participate in SARA. Within the application, an institution shall make assurances that it:(1) Agrees to abide by the C-RAC Guidelines for the Evaluation of Distance Education.(2) Agrees to be responsible for the actions of any third-party providers used by the institution to engage in operations under SARA.(3) Agrees to notify the board of any negative changes to its accreditation status.(4) Agrees to provide data requested by the board.(5) Agrees to cooperate with the board in the investigation of any complaints arising from the students its serves in other states through SARA and to abide by investigating authority's resolution of any such complaint.(6) All complaints must follow the institution's customary resolution procedure prior to being referred to the Coordinating Board. Grade appeals and student conduct appeals will be resolved at the institutional level without further appeal through SARA.(7) Agrees to notify all students in a course or program that customarily leads to professional licensure, or which a student could reasonably believe leads to such licensure, whether or not the course or program meets requirements for licensure in the state where the student resides. If an institution does not know whether the course or program meets licensure requirements in the student's state of residence, the institution may meet this SARA requirement by informing the student in writing and providing the student the contact information for the appropriate state licensing board(s). An email dedicated solely to this purpose and sent to the student's best known email address meets this requirement.(8) Agrees, in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative for delivering the instruction or reasonable financial compensation for the education the student did not receive.(9) Agrees to pay an annual fee to NC-SARA. This fee replaces any state fees that the institution would normally pay to other SARA member states. If an institution offers distance education to students in non-SARA participating states, it must pay required state fees.(10) If the Coordinating Board's SARA Coordinator denies an institution's application for membership in SARA, a written reason for denial will be provided. The institution may reapply at any time, having corrected any deficiencies, or may appeal the denial within 30 calendar days to the Coordinating Board's SARA Signatory. The Coordinating Board's SARA Signatory will review the appeal and render a final decision. If the SARA Signatory upholds the denial, the institution may appeal to the SREB to determine if the board has met the requirements of SARA, but the SREB cannot overturn the final decision made by the Coordinating Board's SARA Signatory</content><note type="source"><p>Source Note: The provisions of this §4.314 adopted to be effective November 25, 2015, 40 TexReg 8204; amended to be effective November 22, 2020, 45 TexReg 8338.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.315"><num value="4.315">§4.315</num><heading>Maintaining Eligibility</heading><content>To remain eligible for participation in SARA, an institution must renew its participation agreement with the board and pay its required SARA fees annually. At the time of renewal, board staff will determine whether the institution still meets SARA requirements. An institution may be removed at any time by the board for violation of SARA standards.</content><note type="source"><p>Source Note: The provisions of this §4.315 adopted to be effective November 25, 2015, 40 TexReg 8204.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.316"><num value="4.316">§4.316</num><heading>Complaint Resolution</heading><content>Institutions operating under SARA shall make their resolution policies and procedures readily available to students taking courses under SARA provisions.(1) Complaints against an institution operating under SARA must first go through the institution's own procedures for resolution grievances.(2) If a person bringing a complaint is not satisfied with the outcome of the institutional process for handling complaints, the complainant may appeal, within two years of the incident, to the board.(3) Coordinating Board staff will review the appeal, determine a resolution to the appeal, and notify the complainant and the institution of the decision.</content><note type="source"><p>Source Note: The provisions of this §4.316 adopted to be effective November 25, 2015, 40 TexReg 8204.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scS/s4.317"><num value="4.317">§4.317</num><heading>Out-of-state SARA Participants</heading><content>The board shall serve as point of contact for all other SARA states. If a public out-of-state SARA participant provides courses in Texas and is in apparent violation of the SARA agreement or with Texas Education Code or Administration Code, the board shall take appropriate action to terminate the institution's operation within Texas.</content><note type="source"><p>Source Note: The provisions of this §4.317 adopted to be effective November 25, 2015, 40 TexReg 8204.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scT"><num value="T">SUBCHAPTER T</num><heading>REQUIRED DEGREE PLANNING</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.340"><num value="4.340">§4.340</num><heading>Purpose</heading><content>The purpose of this subchapter is to ensure students file degree plans adhering to institutional process early in their enrollment at public institutions of higher education and graduate from their degree programs without excess hours.</content><note type="source"><p>Source Note: The provisions of this §4.340 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.341"><num value="4.341">§4.341</num><heading>Authority</heading><content>Texas Education Code (TEC), Section 51.9685, Required Filing of Degree Plan, authorizes the Board to adopt rules necessary for the administration of the section and to ensure compliance.</content><note type="source"><p>Source Note: The provisions of this §4.341 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.342"><num value="4.342">§4.342</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:(1) Degree plan - defined in TEC Section 51.9685 (a) (1) A statement of the course of study requirements that an undergraduate student at an institution of higher education must complete in order to be awarded an associate or bachelor's degree from the institution.(2) Institution of higher education - has the meaning assigned by TEC Section 61.003 (8).(3) Board or Coordinating Board - The Texas Higher Education Coordinating Board(4) Dual credit courses - College courses in which an eligible high school student enrolls and receives credit for the course(s) from both the college and the high school.(5) Associate degree program - A grouping of subject matter courses which, when satisfactorily completed by a student, will entitle the student to an associate degree from an institution of higher education.(6) Bachelor's degree program - Any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle the student to a baccalaureate degree from an institution of higher education.</content><note type="source"><p>Source Note: The provisions of this §4.342 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.343"><num value="4.343">§4.343</num><heading>Degree Plans for a Student Enrolled in an Associate or Bachelor's Degree Program</heading><content>(a) A student enrolled in an associate or bachelor's degree program at an institution of higher education must file a degree plan with the institution after the 12th class day but before the end of the semester or term immediately following the semester or term in which the student earned a cumulative total of 30 or more semester credit hours for coursework successfully completed by the student, including transfer courses, international baccalaureate courses, dual credit courses, and any other course for which the institution the student attends has awarded the student college course credit, including course credit awarded by examination.(b) A student who enrolls in an associate or bachelor's degree program at an institution of higher education for the first time with a cumulative total of 30 or more semester credit hours, shall file a degree plan with the institution after the 12th class day but before the end of the semester of first enrollment.</content><note type="source"><p>Source Note: The provisions of this §4.343 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.344"><num value="4.344">§4.344</num><heading>Degree Plans for a Student Enrolled in Dual Credit Courses</heading><content>A student enrolled in dual credit courses at an institution of higher education shall file a degree plan with the institution not later than:(1) the end of the second regular semester or term immediately following the semester or term in which the student earned a cumulative total of 15 or more semester credit hours of course credit for dual credit courses successfully completed by the student at that institution; or(2) if the student begins the student's first semester or term at the institution with 15 or more semester credit hours of course credit for dual credit courses successfully completed by the student, the end of the student's second regular semester or term at the institution.</content><note type="source"><p>Source Note: The provisions of this §4.344 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.345"><num value="4.345">§4.345</num><heading>Responsibilities of Institutions</heading><content>In accordance with TEC 51.9685(d) and (f), institutions shall.:(1) Provide students information about the degree plan filing requirement and options for academic advising, including electronic communication; and(2) Notify students failing to file a degree plan and shall not provide official transcripts to the students until a degree plan is filed.</content><note type="source"><p>Source Note: The provisions of this §4.345 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.346"><num value="4.346">§4.346</num><heading>Responsibilities of Students</heading><content>In accordance with TEC 51.9685(e) (1) and (2), students shall.:(1) File a degree plan with the institution as specified in this subchapter;(2) Notify appropriate offices at the institution of higher education of changes in their choice of degree programs; and(3) Enroll in courses consistent with the filed degree plan.</content><note type="source"><p>Source Note: The provisions of this §4.346 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scT/s4.347"><num value="4.347">§4.347</num><heading>Institutional Compliance</heading><content>The Board reserves the right to audit institutional student records at any time to ensure compliance with any of the conditions of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §4.347 adopted to be effective January 8, 2020, 45 TexReg 335.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scU"><num value="U">SUBCHAPTER U</num><heading>RECOMMENDED COURSE SEQUENCING; DEVELOPMENT AND INSTITUTIONAL REPORTING</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scU/s4.360"><num value="4.360">§4.360</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules requiring institutions of higher education to develop and report recommended course sequences for undergraduate certificate and degree programs in accordance with statute.</content><note type="source"><p>Source Note: The provisions of this §4.360 adopted to be effective August 15, 2021, 46 TexReg 4850.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scU/s4.361"><num value="4.361">§4.361</num><heading>Authority</heading><content>Texas Education Code §51.96852 authorizes the board to adopt rules relating to the development, reporting, and publication of recommended course sequences.</content><note type="source"><p>Source Note: The provisions of this §4.361 adopted to be effective August 15, 2021, 46 TexReg 4850.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scU/s4.362"><num value="4.362">§4.362</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter have the following meanings, unless the text clearly indicates otherwise.(1) Certificate--a grouping of subject-matter courses which, when satisfactorily completed by a student, will lead to an undergraduate certificate from an institution of higher education.(2) Coordinating Board or Board--the Texas Higher Education Coordinating Board.(3) Core Curriculum or Texas Core Curriculum (TCC)--a required curriculum for an undergraduate degree, as defined in §4.23(3) of this title (relating to Definitions) and authorized by Texas Education Code §61.822.(4) Course Sequence--a recommended list of courses by semester, term, or enrollment period that will satisfy the requirement for a student to complete an undergraduate certificate or degree program.(5) Degree program--any grouping of subject-matter courses which, when satisfactorily completed by a student, will lead to an undergraduate degree from an institution of higher education.(6) Institution of Higher Education--any public institution of higher education as defined by Texas Education Code, Section 61.003(8).(7) Lower-Division Academic Course Guide Manual (ACGM)--a publication listing academic courses, as defined in §4.23(13) of this title.(8) Texas Common Course Numbering System (TCCNS)--a common course numbering system, as defined in §4.23(10) of this title and authorized by Texas Education Code §61.832.</content><note type="source"><p>Source Note: The provisions of this §4.362 adopted to be effective August 15, 2021, 46 TexReg 4850.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scU/s4.363"><num value="4.363">§4.363</num><heading>Recommended Course Sequence Development</heading><content>(a) Each institution of higher education must develop at least one recommended course sequence for each undergraduate certificate or degree program offered by the institution.(b) Each course sequence developed by the institution of higher education must:(1) Identify all required lower-division courses for each certificate or degree program, if applicable;(2) Include for each course, if applicable:(A) The TCCNS course number; and(B) The course equivalent in the ACGM; and(3) Be designed to enable a full-time student to obtain a certificate or degree, as applicable, within:(A) two years, for a 60-hour degree or certificate program;(B) four years, for a 120-hour degree program; or(C) a comparable time frame, for an approved certificate or degree program that requires credit hours other than those specified in subparagraph (A) or (B) of this paragraph.(4) include at least one specific sequence in which courses should be taken to ensure completion of the applicable program within the time frame described in subsection (b)(3) of this section.(c) Each institution shall publish the recommended course sequences developed under this rule in the institution's course catalog beginning with the 2021-2022 academic year course catalog cycle. Each institution shall publish recommended course sequences on the institution's website not later than August 1 of each year.</content><note type="source"><p>Source Note: The provisions of this §4.363 adopted to be effective August 15, 2021, 46 TexReg 4850.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scU/s4.364"><num value="4.364">§4.364</num><heading>Recommended Course Sequence: Institutional Reporting</heading><content>(a) In accordance with Texas Education Code §51.96852(b) and (c), each institution of higher education shall provide to the Coordinating Board a recommended course sequence for each undergraduate certificate and degree program offered by the institution. Not later than September 1, 2021, the Coordinating Board shall publish on its website instructions for institutions to submit course sequencing reporting.(b) The Coordinating Board will provide institutions of higher education a template and instructions for submitting the recommended course sequences of undergraduate certificate and degree programs. Institutions must submit the recommended course sequences of undergraduate certificate and degree programs annually in accordance with the instructions and template and must include the following information, if applicable:(1) Recommended course sequences must identify all courses required for completion by a student to attain each undergraduate certificate or degree; and(2) For all courses that an institution includes in a recommended course sequence, the institution must identify the ACGM courses, as appropriate, using the TCCNS course numbers and rubrics.(c) On an annual basis, institutions shall review course sequences for accuracy and submit any revisions or changes to the Coordinating Board during the designated time period.</content><note type="source"><p>Source Note: The provisions of this §4.364 adopted to be effective August 15, 2021, 46 TexReg 4850.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scV"><num value="V">SUBCHAPTER V</num><heading>NON-DISCRIMINATION IN INTERCOLLEGIATE ATHLETICS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scV/s4.350"><num value="4.350">§4.350</num><heading>Authority</heading><content>Authority for this subchapter is provided in Texas Education Code, chapter 51, subchapter Z, §51.980, Intercollegiate Athletic Competition Based on Biological Sex.</content><note type="source"><p>Source Note: The provisions of this §4.350 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scV/s4.351"><num value="4.351">§4.351</num><heading>Definitions</heading><content>In addition to the words and terms defined in §4.3 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.(1) Biological Sex--Has the meaning assigned under Texas Education Code, §51.980(d).(2) Athletic Competition--Has the meaning assigned under Texas Education Code, §51.980(a)(1).</content><note type="source"><p>Source Note: The provisions of this §4.351 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scV/s4.352"><num value="4.352">§4.352</num><heading>Participation in Athletic Competition Based on Biological Sex</heading><content>Each institution of higher education shall ensure compliance with Texas Education Code, §51.980.</content><note type="source"><p>Source Note: The provisions of this §4.352 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scV/s4.353"><num value="4.353">§4.353</num><heading>Confidentiality and Privacy</heading><content>Nothing in this subchapter limits or waives the protection of confidential student information, including but not limited to student educational records or student medical information under state or federal law, including Chapter 181, Health and Safety Code, the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), or birth certificate records under state law.</content><note type="source"><p>Source Note: The provisions of this §4.353 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scX"><num value="X">SUBCHAPTER X</num><heading>PARENTING AND PREGNANT STUDENTS</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scX/s4.370"><num value="4.370">§4.370</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish rules to require public institutions of higher education to provide protections for pregnant and parenting students, provide access to resources through the designation of a liaison officer, and allow access to early registration.</content><note type="source"><p>Source Note: The provisions of this §4.370 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scX/s4.371"><num value="4.371">§4.371</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, chapter 51, subchapter Z, §51.9357 and §§51.982 - 51.983, which authorizes the Coordinating Board to adopt rules relating to the protection of pregnant and parenting students, resources for such students, and reporting requirements.</content><note type="source"><p>Source Note: The provisions of this §4.371 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scX/s4.372"><num value="4.372">§4.372</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.(2) Parenting Student--A student enrolled in an institution of higher education who is the parent or legal guardian of a child under 18 years of age.</content><note type="source"><p>Source Note: The provisions of this §4.372 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scX/s4.373"><num value="4.373">§4.373</num><heading>Parenting Student Early Registration</heading><content>If an institution provides early registration or pre-registration for courses or programs to any group of students, then the institution shall:(1) Provide a parenting student who meets said definition at the start of the semester registration period with equal access to early registration or pre-registration; and(2) Provide a parenting student information on their eligibility for early registration or pre-registration.</content><note type="source"><p>Source Note: The provisions of this §4.373 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scX/s4.374"><num value="4.374">§4.374</num><heading>Liaison Officer</heading><content>(a) An institution is required to designate a minimum of one employee to serve as a liaison officer for current or incoming students at the institution who are the parent or guardian of a child younger than 18 years of age.(b) The liaison officer or officers shall provide a parenting student information on and access to resources designed to assist in their successful and timely degree or certificate completion. Such resources include:(1) Medical and behavioral health coverage and services;(2) Public health benefit programs, including programs related to food security, affordable housing, and housing subsidies;(3) Parenting and child-care resources;(4) Employment assistance;(5) Transportation assistance;(6) Academic success services; and(7) Other resources provided by the institution.(c) An institution shall not condition student access to the liaison officer or officers or any resources on the student being required to consent to the release of their personally identifiable information. Any such consent must be voluntary.(d) The institution shall post contact information for the liaison officer or officers and maintain that information on the institution's website in a manner that is readily available to current or incoming students at the institution who are the parent or guardian of a child younger than 18 years of age.</content><note type="source"><p>Source Note: The provisions of this §4.374 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scX/s4.375"><num value="4.375">§4.375</num><heading>Protections for Pregnant and Parenting Students</heading><content>(a) In addition to the discrimination protections provided to pregnant or parenting students pursuant to Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., institutions shall provide pregnant or parenting students the additional protections as set forth in this section. To the extent a student is afforded protections by both federal law and these rules, a student shall be entitled to the most liberal benefit available by these rules and federal law.(b) Absences related to a student's pregnancy, childbirth, or resulting medical status or condition.(1) An institution shall excuse absences related to a student's pregnancy or childbirth without a doctor's certification that such absence is necessary for the greater of three school days in a term or semester or the maximum number of excused absences that the institution would grant to another student enrolled in the same course for any reason.(2) Notwithstanding paragraph (1) of this subsection, an institution may ensure that the total number of excused absences does not result in a fundamental alteration to an essential program requirement or conflict with federal law or accreditation standards.(3) An institution shall allow a student a reasonable time to make up or complete any assignments or assessments missed due to such an excused absence consistent with the institution's policy regarding excused absences and make up work.(4) An institution shall provide a student with access to all course materials that are made available to a student with a temporary medical condition. This may include instructional materials, laboratory access, and recordings of class lectures, depending on the circumstances.(5) An institution shall provide any other reasonable accommodations to a pregnant student, including accommodations that:(A) would be provided to a student with a temporary medical condition; or(B) are related to the health and safety of the student and the student's unborn child.(c) Leave of Absence for Pregnant or Parenting Students.(1) An institution shall permit but not require a parenting or pregnant student to take a leave of absence related to a student's pregnancy or parenting status for a minimum of one semester without a showing of medical need.(2) An institution shall make every reasonable effort to facilitate leave for pregnant and parenting students within their degree program's curriculum and accreditation requirements. A student taking a leave of absence under this section may be taken with the advanced approval of the student's department or the designated office(s) by the institution.(3) An institution shall implement policies and procedures to ensure that the student is informed of possible impacts to their financial aid or scholarships. These institutional policies and procedures should encourage that students meet with the financial aid office before the student takes a leave of absence, where possible.(4) An institution shall ensure that a student in good academic standing at the time a leave of absence commences may return to their degree or certificate program in good academic standing, not be required to reapply for admission so long as the program still exists at the institution and the program would still meet accreditation standards. The institution may require that the student fulfills revised requirements of the program if the program in effect when the student returns has changed.</content><note type="source"><p>Source Note: The provisions of this §4.375 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scX/s4.376"><num value="4.376">§4.376</num><heading>Reporting</heading><content>An institution must report the information required by Texas Education, §51.9357(c), no later than May 1 of each year in the manner required by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §4.376 adopted to be effective May 16, 2024, 49 TexReg 3253.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scY"><num value="Y">SUBCHAPTER Y</num><heading>PROVISIONS REGARDING SCHOLARSHIP TO A RELATIVE OF A BOARD MEMBER OF AN INSTITUTION OF HIGHER EDUCATION OR UNIVERSITY SYSTEM</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scY/s4.380"><num value="4.380">§4.380</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §51.969.(b) The purpose of these provisions is to provide guidance regarding the awarding of certain scholarships in such a way as to avoid criminal penalties.</content><note type="source"><p>Source Note: The provisions of this §4.380 adopted to be effective May 15, 2025, 50 TexReg 2784.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scY/s4.381"><num value="4.381">§4.381</num><heading>Definitions</heading><content>In addition to the words and terms defined in §4.3 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Affinity--Relationship between individuals based on being married or the fact that the spouse of one of the individuals is related by consanguinity to the other individual. The ending of a marriage ends relationships by affinity unless a child of that marriage is living, in which case the affinity continues as long as a child of that marriage lives. These relationships are named as follows:(A) First Degree--Spouse, spouse's child, spouse's mother or father, child's spouse, parent's spouse.(B) Second Degree--Spouse's brother or sister, spouse's grandparent, spouse's grandchild, brother or sister's spouse, grandparent's spouse, grandchild's spouse.(2) Consanguinity--Relationship between individuals based on being descendants of one another or sharing a common ancestor. An adopted child is considered to be a child of the adoptive parent. These relationships are named as follows:(A) First Degree--Mother, father, daughter, or son.(B) Second Degree--Brother, sister, grandparent, or grandchild.(C) Third Degree--Great-grandparent, great-grandchild, uncle (brother of parent), aunt (sister of parent), nephew (son of brother or sister), or niece (daughter of brother or sister).(3) Scholarship--An award of gift aid that does not have to be repaid by the student or earned through service or performance. (4) University System--The association of one or more public senior colleges or universities, medical or dental units or other agencies of higher education under the policy direction of a single governing board, as defined in Texas Education Code, §61.003(10). (5) Within the Second Degree of Affinity--A circumstance in which a person is a spouse, spouse's child, spouse's mother or father, child's spouse, parent's spouse, spouse's brother or sister, spouse's grandparent, spouse's grandchild, brother or sister's spouse, grandparent's spouse, or grandchild's spouse.(6) Within the Third Degree by Consanguinity--A circumstance in which a person is a parent, child, brother, sister, grandparent, grandchild, great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of the individual of an individual. An adopted child is considered to be a child of the adoptive parent for this purpose.</content><note type="source"><p>Source Note: The provisions of this §4.381 adopted to be effective May 15, 2025, 50 TexReg 2784.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scY/s4.382"><num value="4.382">§4.382</num><heading>Applicability.</heading><content>The rules in this subchapter apply to a person attending any institution of higher education, as defined in §4.3 of this chapter (relating to Definitions), in Texas.</content><note type="source"><p>Source Note: The provisions of this §4.382 adopted to be effective May 15, 2025, 50 TexReg 2784.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scY/s4.383"><num value="4.383">§4.383</num><heading>Prohibited Scholarships</heading><content>A person is not eligible to receive a scholarship originating from and administered by an institution of higher education or university system if the person is related to a current member of the governing board of the institution or system unless:(1) the scholarship is granted by a private organization or third party not affiliated with the institution of higher education or university system;(2) the scholarship is awarded exclusively on the basis of prior academic merit;(3) the scholarship is an athletic scholarship; or(4) the relationship is not within the third degree by consanguinity or the second degree by affinity, as the terms are defined in §4.381 of this subchapter (relating to Definitions).</content><note type="source"><p>Source Note: The provisions of this §4.383 adopted to be effective May 15, 2025, 50 TexReg 2784.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scY/s4.384"><num value="4.384">§4.384</num><heading>Declaration of Eligibility.</heading><content>Prior to receiving a scholarship originating from and administered by an institution of higher education or university system, a student must file a written statement indicating whether the person is related within the third degree by consanguinity or the second degree by affinity to a current member of the governing board of the institution or university system. The required wording of the statement will be developed by the Board and will be made available to institutions via the Coordinating Board's website.</content><note type="source"><p>Source Note: The provisions of this §4.384 adopted to be effective May 15, 2025, 50 TexReg 2784.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scY/s4.385"><num value="4.385">§4.385</num><heading>Criminal Penalty.</heading><content>A person commits a Class B misdemeanor offense if the person knowingly files a false statement under §4.384 of this subchapter (relating to Declaration of Eligibility).</content><note type="source"><p>Source Note: The provisions of this §4.385 adopted to be effective May 15, 2025, 50 TexReg 2784.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c4/scZ"><num value="Z">SUBCHAPTER Z</num><heading>UNIFORM STANDARDS FOR PUBLICATION OF COST OF ATTENDANCE AND FINANCIAL AID INFORMATION</heading><section identifier="/us/state/tx/tac/t19/p1/c4/scZ/s4.390"><num value="4.390">§4.390</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §61.0777.(b) Purpose. The purpose of this subchapter is to prescribe uniform standards intended to ensure that information regarding the cost of attendance at institutions of higher education is available to the public in a manner that is consumer-friendly and readily understandable to prospective students and their families.</content><note type="source"><p>Source Note: The provisions of this §4.390 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scZ/s4.391"><num value="4.391">§4.391</num><heading>Definitions</heading><content>In addition to the words and terms defined in §4.3 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(2) First-Time Entering Full-Time Student--A student who has no prior postsecondary experience (except as noted below) attending any institution for the first time at the undergraduate level and who enrolls for 15 credit hours per semester for two consecutive semesters. This includes students enrolled in academic or occupational programs. It also includes students enrolled in the fall term who attended college for the first time in the prior summer term, and students who entered with advanced standing (college credits earned before graduation from high school).(3) Net Price of Attendance--The total cost of attendance less the student's estimated merit-based and need-based grant aid. The net price of attendance may be a range.(4) Total Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, personal expenses, and other allowable costs for financial aid purposes).</content><note type="source"><p>Source Note: The provisions of this §4.391 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scZ/s4.392"><num value="4.392">§4.392</num><heading>Publication of Cost of Attendance and Financial Aid Information</heading><content>(a) Each institution of higher education that offers an undergraduate degree or certificate program shall prominently display on the institution's website the total cost of attendance for a first-time entering full-time student in accordance with the uniform standards prescribed by subsection (b) of this section.(b) Uniform Standards for Cost of Attendance Information. In publishing the total cost of attendance as required by subsection (a) of this section, an institution shall include:(1) A definition or explanation of total cost of attendance that includes, at a minimum, all aspects specified in the definition of that term in §4.391 of this subchapter (relating to Definitions); (2) Notice that the total cost of attendance provided is an estimate, and that students may experience higher or lower costs due to individual circumstances;(3) An explanation of the relationship between total cost of attendance and a student's financial aid opportunities; and(4) Inclusion of, or a link to, the information required by subsection (c) of this section.(c) Financial Aid Information. Each institution of higher education shall provide consumer-friendly and readily understandable information regarding student financial aid opportunities. This information shall include, at a minimum:(1) A link to access the Free Application for Federal Student Aid (FAFSA) and Texas Application for State Financial Aid (TASFA);(2) Information, or links to information, regarding merit-based and need-based federal and state financial aid programs that could reasonably be available to a student at the institution;(3) If applicable, information regarding the priority deadline established under §22.6 of this title (relating to Applying for State Financial Aid), including the deadline for the applicable year and an explanation of the deadline's purpose and function that meets or exceeds the information included in §22.6(a)(2) of this title; and(4) A link to the program or tool described by §4.393(a) of this subchapter (relating to Net Price Information).(d) The institution shall consider the uniform standards prescribed by subsection (b) of this section when providing information regarding the cost of attendance for nonresident students, graduate students, or students enrolled in professional programs.</content><note type="source"><p>Source Note: The provisions of this §4.392 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c4/scZ/s4.393"><num value="4.393">§4.393</num><heading>Net Price Information</heading><content>(a) The Coordinating Board shall provide on its website a program or similar tool that will compute for a person the estimated net price of attendance for a first-year entering full-time student attending an institution of higher education.(b) Each institution of higher education, as defined in §4.3 of this chapter (relating to Definitions), shall provide the Coordinating Board, at least annually but also upon request, any information necessary for the Coordinating Board to calculate the net price of attendance for a first-time entering full-time student. The Coordinating Board will specify the necessary information for this purpose in guidance provided to institutions and published on its website.</content><note type="source"><p>Source Note: The provisions of this §4.393 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c5"><num value="5">CHAPTER 5</num><heading>RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c5/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.1"><num value="5.1">§5.1</num><heading>Purpose</heading><content>This subchapter establishes rules on a variety of topics that apply exclusively to public universities and/or health-related institutions.</content><note type="source"><p>Source Note: The provisions of this §5.1 adopted to be effective May 28, 2003, 28 TexReg 4124.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.2"><num value="5.2">§5.2</num><heading>Authority</heading><content>Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §61.051 which describes the Board's role in coordinating higher education in Texas.</content><note type="source"><p>Source Note: The provisions of this §5.2 adopted to be effective May 28, 2003, 28 TexReg 4124.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.3"><num value="5.3">§5.3</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Health-related institution--a medical or dental unit as defined by the Texas Education Code, §61.003 (5).(4) Public university--a general academic teaching institution as defined by the Texas Education Code, §61.003 (3).(5) Degree program--any grouping of subject matter courses which, when satisfactorily completed by a student, shall entitle the student to a degree from an institution of higher education.(6) Support area--a grouping of courses for which an institution does not have degree authority. The number of courses in a support area is limited to fewer than would provide a degree program in that specialty at that level. Support areas may include a single discipline, a subcategory of an approved degree program, or a component of a multi-disciplinary specialty.(A) A variety of terms for subject matter course groupings, such as concentration, track, option, emphasis, specialization, and major are commonly used by institutions. The Coordinating Board does not have formal definitions for these terms, which vary in usage among institutions.(B) Despite various terminologies, the Board considers subject matter course groupings to be degree programs if such groupings are substantially the same as those for a degree in a similar discipline at the institution or in the same discipline specialty (as identified by Texas CIP classification) at similar institutions.(7) Degree title--name of the degree and discipline under which one or more degree programs may be offered. A degree title usually consists of the degree designation (e.g., Bachelor of Science, Master of Arts) and the discipline specialty (e.g., History, Psychology).</content><note type="source"><p>Source Note: The provisions of this §5.3 adopted to be effective May 28, 2003, 28 TexReg 4124.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.4"><num value="5.4">§5.4</num><heading>Time Limit on Implementing New Programs or Administrative Changes Approved by the Board or the Commissioner</heading><content>(a) Staff recommendations on new programs or administrative changes requested by institutions are based on information available at the time recommendations are made; beyond a reasonable period of time, those recommendations may become less valid and Board actions, therefore, less appropriate and/or responsive to the needs of the state and its regions.(b) Unless otherwise stipulated at the time of approval, if new degree programs approved by the Board or Commissioner are not established within two years of approval, that approval is no longer valid.(c) Unless otherwise stipulated at the time of approval, if administrative changes approved by the Board or Commissioner are not implemented within two years of approval, that approval is no longer valid.(d) Provisions of this section apply to general academic institutions and health-related institutions.</content><note type="source"><p>Source Note: The provisions of this §5.4 adopted to be effective May 28, 2003, 28 TexReg 4124.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.5"><num value="5.5">§5.5</num><heading>Uniform Admission Policy</heading><content>(a) Each public university shall admit first-time undergraduate students for each semester in accordance with Texas Education Code, §§51.801 - 51.809. Only The University of Texas at Austin shall admit students under Texas Education Code §51.803(a-1) - (a-5) and subsection (e) of this section.(b) All applicants from Texas schools accredited by a generally recognized accrediting agency and who graduate in the top 10 percent of their high school class or who graduate in the top 25 percent of their high school class, to the extent the governing board of a general academic teaching institution has adopted such an admission policy, shall be admitted to a general academic teaching institution if the student meets the following conditions:(1) The student has met one of the following:(A) Successfully completed the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program from a Texas public high school as outlined under Texas Education Code, §28.025, as well as, 19 TAC §§74.63, 74.64, 74.73, and 74.74 (relating to the distinguished level of achievement under the Foundation, Recommended High School Program, or Distinguished Achievement High School Program--Advanced High School Program);(B) Successfully completed a curriculum from a high school in Texas other than a public high school that is equivalent in content and rigor to the distinguished level of achievement under the Foundation, the Recommended, or Advanced High School Program as outlined under subsection (c) of this section;(C) Satisfied ACT's College Readiness Benchmarks on the ACT assessment; or(D) Earned on the SAT assessment:(i) if the SAT was administered prior to March 5, 2016, a combined critical reading (formerly "verbal") and mathematics score of 1070 with a minimum of 500 on the critical reading test and a minimum of 500 on the mathematics test; or(ii) if the SAT was administered on or after March 5, 2016, a minimum score of 480 on the Evidenced-Based Reading and Writing (EBRW) test and a minimum score of 530 on the mathematics test (no combined score); and(2) The student submitted an official high school transcript or diploma that must, not later than the end of the student's junior year, indicate whether the student has satisfied the requirements outlined under paragraph (1)(A) or (B) of this subsection.(3) For applicants who graduate in the top 10 percent of their high school class and want to be considered for automatic admission under Texas Education Code, §51.803, the student must:(A) Submit a complete application defined by the institution before the expiration of the institution's established deadline; and(B) Have graduated from high school within the two years prior to the academic year for which the student is applying for admission.(c) A student is considered to have satisfied the requirements of subsection (b)(1)(A) or (B) of this section if the student completed all or the portion of the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program of a curriculum equivalent in content and rigor, as applicable, that was available to the student. A student may be considered to have completed the distinguished level of achievement under the Foundation, Recommended, or Advanced High School curriculum if a student was unable to complete the remainder of the curriculum solely because courses necessary to complete the remainder were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control. The standards for determining whether a student has satisfied the requirements of this subsection include the following:(1) For a student in a Texas public high school, the public high school providing to a Texas public institution of higher education the Academic Achievement Record or transcript outlined under subsection (b)(2) of this section must indicate, in a form and manner prescribed by the Commissioner of Higher Education, whether the student has completed all or a portion of the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.(2) For a student in a Texas private high school, the private high school providing to a Texas public institution of higher education the transcript or diploma outlined under subsection (b)(2) of this section must:(A) Be accredited by the Texas Private School Accreditation Commission or other accrediting organizations recognized by the Texas Education Agency; and(B) Indicate, in a form and manner prescribed by the Commissioner of Higher Education, whether the student has completed all or a portion of the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.(d) All applicants from high schools operated by the United States Department of Defense and who graduate in the top 10 percent of their high school class shall be admitted to a general academic teaching institution if the student meets the following conditions, or if subsection (c) of this section applies whether the student has completed the portion of the distinguished level of achievement under the Foundation, recommended, or advanced curriculum or of the curriculum equivalent in content and rigor, as applicable, that was available to the student:(1) The student graduated from high school within the two years prior to the academic year for which the student is applying;(2) The student is a Texas resident as defined in Texas Education Code, §54.052 or is entitled to pay tuition and fees at the rate provided for Texas residents for the term or semester to which the student is admitted;(3) The student submitted a complete application as defined by the institution before the expiration of the institution's established deadline; and(4) The student meets the curriculum or the ACT/SAT test score requirements as outlined under subsection (b)(1) of this section.(e) For the period beginning with the 2011-2012 academic year, The University of Texas at Austin is not required to admit applicants under this subchapter in excess of the number needed to fill 75 percent of first-time resident undergraduate students.(f) High school rank for students seeking automatic admission to a general academic teaching institution on the basis of their class rank is determined and reported as follows:(1) Most recent available class rank, based on a point in time no earlier than the end of the 11th grade, shall be used for admission decision-making.(2) The top 10 percent and top 25 percent of a high school class shall not contain more than 10 percent and top 25 percent, respectively, of the total class size.(3) The student's rank shall be reported by the applicant's high school or school district as a specific number out of a specific number total class size.(4) Class rank shall be determined by the school or school district from which the student graduated or is expected to graduate.(g) A general academic teaching institution may limit the number of students admitted under this section if the number of applicants eligible and applying for admission to the institution under this section exceeds by more than 10 percent the average number of first-time freshmen admitted the previous two academic years. If an institution chooses to limit the number of students admitted under this section, it must ensure that:(1) At least 97 percent of first-time freshmen admitted are in the top 10 percent of their high school class; and(2) Clear guidelines are established for the selection of students based on one or a specified combination of the following methods:(A) A lottery in which all students qualified for automatic admission have an equal chance for selection;(B) Students are selected on a first-come, first-admitted basis following receipt of a complete application; or(C) At least four or more criteria identified in Texas Education Code, §51.805 are used to select students admitted.(h) The 18 admissions factors outlined in Texas Education Code, §51.805(b) may be considered by a general academic teaching institution when an applicant is eligible for admission under the "other admissions" provision as described in Texas Education Code, §51.805, but only after the applicant has met the curriculum or the ACT/SAT test score requirements as outlined under subsection (b)(1) of this section. Applicants participating in the minimum, recommended, or advanced high school program may be considered under the "other admissions" provision according to this subsection.(i) Each public institution of higher education shall admit a student as an undergraduate if the student meets the following conditions:(1) Is the child of a public servant listed in Texas Government Code, §615.003 who was killed or sustained a fatal injury in the line of duty according to requirements for verification outlined by the institution; and(2) Meets the minimum admissions requirements established for purposes of this subsection by the governing board of the institution for high school or prior college-level grade point average and performance on standardized tests.(j) Each general academic teaching institution shall annually report to the Board the composition of the entering class of first-time freshmen students admitted under this section. The report shall include a demographic breakdown of the class including race, ethnicity, and economic status. Each general academic teaching institution shall provide this report to the Board annually on or before a date set by the Board.</content><note type="source"><p>Source Note: The provisions of this §5.5 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective November 29, 2007, 32 TexReg 8490; amended to be effective August 26, 2009, 34 TexReg 5676; amended to be effective November 26, 2009, 34 TexReg 8320; amended to be effective May 26, 2010, 35 TexReg 4150; amended to be effective November 24, 2013, 38 TexReg 8426; amended to be effective August 30, 2016, 41 TexReg 6481, amended to be effective February 22, 2017, 42 TexReg 683; amended to be effective August 22, 2019, 44 TexReg 4311.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.7"><num value="5.7">§5.7</num><heading>Uniform Grade-Point Calculation for Admission to Graduate and Professional Schools</heading><content>Procedures for calculating the grade-point average for students seeking admission to a graduate or post-baccalaureate professional school of an institution of higher education shall be as follows:(1) Only official transcripts from accredited institutions of higher education shall be accepted by the graduate and professional schools of an institution of higher education for evaluation and grade-point calculation.(2) All academic work undertaken and grades or symbols assigned at each institution shall be reflected on the student's official transcript(s). No student's grade may be expunged from his or her record.(3) All grades assigned for academic course work shall be used in calculating the grade-point average, except that an institution may base the calculation on the last 60 semester credit hours (or equivalent) of undergraduate work and any previous work in a graduate or professional school.(4) A four-point scale shall be used in computing the grade point average (e.g.: A, 4 points per semester hour; B, 3.0; C, 2.0; D, 1.0; F, 0.0).(5) A grade or symbol indicating failure (i.e.: F, WF, NC, or in a pass/fail system, FL equals F) shall count as hours undertaken, but no grade points shall be earned.(6) Excluded from the grade-point average shall be any credit by examination (CR); Quit (Q); Withdrew (W); Withdrew Passing (WP); Incomplete (I or X); and a pass grade within a pass/fail system.(7) The grade-point average shall be computed by multiplying each grade point (see paragraph (4) and (5) of this subsection) by the semester or quarter credit hours earned per course and totaling the products. The semester or quarter hours of courses undertaken shall then be totaled. The total of the products shall be divided by the total semester or quarter hours. The result is to be calculated to the hundredth place, giving the official cumulative grade-point average.(8) Academic work at foreign colleges, universities, or preparatory schools shall be excluded from the calculation. In such cases, the grade-point average and credit shall be evaluated and computed as determined by the graduate or professional school to which the student is applying.</content><note type="source"><p>Source Note: The provisions of this §5.7 adopted to be effective May 28, 2003, 28 TexReg 4124.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.8"><num value="5.8">§5.8</num><heading>Criteria for Posting Faculty-Related Measures on Institutional Websites</heading><content>(a) The following words and terms, when used in this section, shall have the designated meanings, unless the context clearly indicates otherwise:(1) Accountability System--The online data reporting system established in response to Executive Order RP 31.(2) Faculty--For purposes of this section include all individuals with teaching responsibilities who hold the following ranks and positions: professor, associate professor, assistant professor, instructor, nontenured or nontenure track, and teaching assistant.(3) General Academic Teaching Institution--A general academic teaching institution other than a public state college as defined in Texas Education Code, §61.003.(b) Texas Education Code, §51.9745(d), authorizes the Board to adopt rules for the administration of the section.(c) Each general academic teaching institution shall make available to the public on the institution's Internet website certain faculty information as required by Texas Education Code, §51.9745. The definitions used and the values reported must be aligned with the affiliated definitions and values in the Texas Higher Education Accountability System.</content><note type="source"><p>Source Note: The provisions of this §5.8 adopted to be effective November 28, 2012, 37 TexReg 9358.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.9"><num value="5.9">§5.9</num><heading>Institutional Input Measures in the Texas Higher Education Accountability System</heading><content>(a) General academic institutions that are agencies of the state and public health-related institutions must provide to the Coordinating Board, on a yearly basis, information for all of the applicable institutional input measures identified as of January 1, 2013, in the Texas Higher Education Accountability System unless otherwise directed by the Coordinating Board.(b) General academic institutions that are agencies of the state and public health-related institutions must provide to the Coordinating Board, on a yearly basis, any institutional input measures for the Texas Higher Education Accountability System not covered by subsection (a) of this section on the condition that the specific nature of the additional information is agreed upon through the consensus of the members of the applicable Accountability peer group.</content><note type="source"><p>Source Note: The provisions of this §5.9 adopted to be effective August 15, 2013, 38 TexReg 5068.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scA/s5.10"><num value="5.10">§5.10</num><heading>Tracking System for Medical Training and Practice Choices</heading><content>(a) The Coordinating Board shall, through an established tracking system, acquire and maintain data regarding the initial residency program choices made by graduates of medical schools in this state and the initial practice choices made by persons completing medical residency programs in this state.(b) The tracking system shall:(1) use any data reasonably available to the Coordinating Board, including data maintained by or accessible to medical schools or residency programs in this state; and(2) with respect to a person who completes a medical residency program in this state, collect relevant information for the two-year period following completion of that program.(c) General academic and public and private health related institutions with a program in medicine or osteopathic medicine shall provide to the Coordinating Board, on a yearly basis, data regarding the initial residency program choices made by their graduates unless otherwise directed by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §5.10 adopted to be effective February 22, 2016, 41 TexReg 1227.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c5/scB"><num value="B">SUBCHAPTER B</num><heading>ROLE AND MISSION, TABLES OF PROGRAMS, COURSE INVENTORIES</heading><section identifier="/us/state/tx/tac/t19/p1/c5/scB/s5.21"><num value="5.21">§5.21</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules regarding the role and mission for each public institution of higher education in Texas and for submission of the role and mission statements, submission of planning notification, and periodic review of all degree and certificate programs offered by a public institution of higher education. Section 5.24(a) of this title (relating to Submission of Mission Statements and Planning Notification) applies to selected Public Colleges.</content><note type="source"><p>Source Note: The provisions of this §5.21 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective November 28, 2007, 32 TexReg 8490; amended to be effective November 24, 2013, 38 TexReg 8426; amended to be effective November 23, 2016, 41 TexReg 9108.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scB/s5.22"><num value="5.22">§5.22</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, §§61.002(a) and (b), 61.027, 61.051(a-5), 61.0512, and 130.0012</content><note type="source"><p>Source Note: The provisions of this §5.22 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective November 28, 2007, 32 TexReg 8490; amended to be effective November 24, 2013, 38 TexReg 8426.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scB/s5.23"><num value="5.23">§5.23</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Planning Notification--Formal notification from an institution that planning has begun for a proposal for a new degree program.(2) Board--The Texas Higher Education Coordinating Board.(3) Commissioner--The Commissioner of Higher Education.(4) Mission Statement--A narrative description of the general mission of each institution prepared by the institution and approved by its Board of Regents. The statement should address the fundamental purpose of the institution with respect to its teaching, research, and public service responsibilities. The institution's special concerns for quality and access, liberal arts, admissions, career-oriented programming, extension and articulation with community colleges and public schools, traditional and nontraditional education, and similar issues also may be described. The mission statement must be consistent with any statutory mission description.(5) Organized classes--Classes whose primary mode of instruction is lecture, laboratory, or seminar.(6) Planning--An institution is considered by the Board to be planning for a new degree program if it takes any action that leads to the preparation of a proposal for a new program, including hiring personnel, including consultants and planning deans, leasing and/or purchasing real estate, building facilities, and/or developing curriculum.(7) Program Inventory--The official list of all degree and certificate programs approved for a public community college, university or health-related institution.(8) Role and Mission or Role and Scope--Equivalent phrases used to refer to the overall purpose of an institution, including its role within the overall system of Texas higher education. The role and mission for a university or health-related institution are described in its Mission Statement.(9) Texas Classification of Instructional Programs (CIP) Coding System--The Texas adaptation of the federal Classification of Instructional Programs taxonomy developed by the National Center for Education Statistics and used nationally to classify instructional programs and report educational data.(10) Selected Public Colleges--Those public colleges authorized to offer baccalaureate degrees in Texas.(11) Statutory mission description--A statement of an institution's mission or purpose that is established directly in statute.</content><note type="source"><p>Source Note: The provisions of this §5.23 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective May 12, 2005, 30 TexReg 2661; amended to be effective November 28, 2007, 32 TexReg 8490; amended to be effective November 29, 2011, 36 TexReg 8010; amended to be effective November 24, 2013, 38 TexReg 8426; amended to be effective November 23, 2016, 41 TexReg 9108.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scB/s5.24"><num value="5.24">§5.24</num><heading>Submission of Mission Statements and Planning Notification</heading><content>Review Process.(1) As provided by Texas Education Code, §61.051(a-5) and §61.052, the Board shall regularly review the role and mission statements, and all similar degree and certificate programs offered by each public senior university or health related institution.(2) The Boards of Regents shall approve or re-approve institutional mission statements. Each Board of Regents shall provide the Coordinating Board with its current institutional mission statements after any change has been approved.</content><note type="source"><p>Source Note: The provisions of this §5.24 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective May 12, 2005, 30 TexReg 2661; amended to be effective November 22, 2005, 30 TexReg 7726; amended to be effective May 14, 2007, 32 TexReg 2639; amended to be effective August 26, 2009, 34 TexReg 5676; amended to be effective May 29, 2012, 37 TexReg 3799; amended to be effective November 24, 2013, 38 TexReg 8426; amended to be effective November 23, 2016, 41 TexReg 9108; amendedto be effective February 15, 2024, 49 TexReg 665.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scB/s5.25"><num value="5.25">§5.25</num><heading>Course Inventories at Public Universities</heading><content>(a) Each institution shall report its course offerings and changes to its course offerings following procedures established by the Commissioner. The report must specifically identify any course included in the common course numbering system approved by the Board that has been added to or removed from the institution's list of courses, beginning with course lists submitted for the 2014-2015 academic year.(b) Institutions may not offer courses at levels or in programs not approved by the Board.</content><note type="source"><p>Source Note: The provisions of this §5.25 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective November 24, 2013, 38 TexReg 8426; amended to be effective November 23, 2016, 41 TexReg 9108.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c5/scD"><num value="D">SUBCHAPTER D</num><heading>OPERATION OF OFF-CAMPUS EDUCATIONAL UNITS OF PUBLIC SENIOR COLLEGES, UNIVERSITIES AND HEALTH-RELATED INSTITUTIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c5/scD/s5.71"><num value="5.71">§5.71</num><heading>Purpose</heading><content>The provisions of this subchapter define off-campus educational units, establish criteria and procedures applicable to the classification, authorization, operation, and reclassification of these units. The provisions of this subchapter are applicable to all units of public senior colleges, universities and health-related institutions which offer instruction for credit but are geographically separate from their institutions' main campuses.</content><note type="source"><p>Source Note: The provisions of this §5.71 adopted to be effective May 28, 2003, 28 TexReg 4126; amended to be effective November 23, 2016, 41 TexReg 9110.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scD/s5.72"><num value="5.72">§5.72</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code, §61.051 and §61.0512(g).</content><note type="source"><p>Source Note: The provisions of this §5.72 adopted to be effective May 28, 2003, 28 TexReg 4126; amended to be effective May 25, 2015, 40 TexReg 2755; amended to be effective November 23, 2016, 41 TexReg 9110.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scD/s5.73"><num value="5.73">§5.73</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Memorandum of Understanding (MOU)--Formal Agreement between two or more public institutions of higher education that define their roles in the establishment and operation of a multi-institutional teaching center. One or more private institutions may be included in the memorandum of understanding.(4) Multi-Institution Teaching Center (MITC)--An off-campus educational unit administered under a memorandum of understanding (MOU) between two or more public higher education institutions. It may also involve one or more private institutions. It has minimal administration and locally provided facilities.(5) Off-campus educational unit--A subdivision under the management and control of a parent institution(s), in a separate geographic setting with varying degrees of dependence in academic, administrative and fiscal matters. Off-campus education units include:(A) Branch campus--A major, secondary location of an institution offering multiple programs, usually with its own administrative structure and usually headed by a Dean. A branch campus must be established by the Legislature or approved by the Board.(B) Higher education teaching site--An off-campus teaching location that promotes access to a very limited array of courses and/or programs. Teaching sites may not own facilities, nor are they eligible for state support to acquire or build facilities, and do not entail a permanent commitment for continued service. See §5.76(i). While higher education teaching sites do not require Board approval or recognition, institutions must notify the Board and institutions within a 50-mile radius of the teaching site and/or Higher Education Regional Council(s) prior to offering courses and/or programs. Issues and concerns must be resolved following Board policy related to approval of distance education off-campus courses and programs.(C) Multi-Institution Teaching Center (MITC)--An off-campus educational unit administered under a memorandum of understanding (MOU) between two or more public higher education institutions. It may also involve one or more private institutions. It has minimal administration and locally provided facilities.(D) Regional Academic Health Center (RAHC)--A special purpose campus of parent health-related institution(s) that may be used to provide undergraduate clinical education, graduate education, including residency training programs, or other levels of medical education in specifically identified counties.(E) Single institution center--An off-campus educational unit administered by a single parent institution. It has minimal administration and locally provided facilities.(F) Special Purpose Campus--A major, secondary location of an institution offering programs related to specific and limited field(s) of study, usually with its own administrative structure and usually headed by a Dean. Regional Academic Health Centers are considered special-purpose campuses. Special Purpose Campuses must be established by the Legislature or approved by the Board.(G) University System Center (USC)--An off-campus educational unit administered by a single university system comprised of two or more of the system's parent institutions. A memorandum of understanding must be established between all parties that governs the operations of the USC. It has minimal administration and locally provided facilities.(6) Parent institution--General academic teaching institution, medical or dental unit, or university system as defined in TEC §61.003 that offers its courses, programs or training at an off-campus educational unit. Credit hours are reported by the parent institution and degrees are awarded in the name of the parent institution.</content><note type="source"><p>Source Note: The provisions of this §5.73 adopted to be effective May 28, 2003, 28 TexReg 4126; amended to be effective August 11, 2004, 29 TexReg 7671; amended to be effective November 23, 2016, 41 TexReg 9110.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scD/s5.76"><num value="5.76">§5.76</num><heading>General Principles for Off-Campus Educational Units</heading><content>(a) The general purpose of off-campus educational units of all sizes is to meet the education needs of the people of Texas with a level of service that is appropriate for the area and cost effective to offer. Their specific purpose is directly related to the teaching of courses for academic credit from the parent institution(s) and/or for health professions' medical training.(b) The Commissioner shall establish policies concerning how a location receives designation as a specific type of off-campus educational unit and how to expand educational activities.(c) The type and name of all off-campus educational units, with the exception of higher education teaching sites, must be approved by the Board. Recognition of an off-campus educational unit may be withdrawn by the Board.(d) An off-campus educational unit is financially dependent upon its parent institution(s) and is supported by the budget of the institution(s). It is not eligible to request separate legislative funding. Off-campus educational units should use locally provided facilities, where possible.(1) Degree programs offered at off-campus educational units must be offered by and in the name of the parent institution(s).(2) The parent institution must commit to providing a program long enough for a student to have a reasonable opportunity to graduate before the resource is withdrawn or to make other reasonable arrangements for students to complete programs that they have started.(3) The Board must be notified of programs offered or discontinued at off-campus educational units. The Board shall maintain a list of these degree programs and make that list readily available to the public.(4) Courses offered at off-campus educational units must be reported separately and accurately in required Board reports. Semester credit hours completed at the unit must be reported appropriately by the parent institution(s) and shall be funded as determined by the Legislature.(5) The facilities of off-campus educational units shall comply with Chapter 17 of this title, relating to Resource Planning.(e) Off-campus educational units are not intended to duplicate the full array and types of offerings available at regular general academic campuses. Their specific purpose is to:(1) Focus on teaching and on delivery of high demand courses and programs for academic credit from the parent institution(s) and/or for health professions' training. Research conducted at off-campus educational units should be limited to that necessary for the courses and programs offered.(2) Develop articulation agreements with community colleges in the area for provision of lower-division courses. In general, off-campus educational units are not intended to offer lower-division courses. Lower-division courses can only be offered in accordance with Chapter 4, subchapter Q of this title, relating to Approval of Off-Campus and Self-Supporting Courses and Programs for Public Institutions, and related Board procedures.(f) Degree programs offered at off-campus educational units must be offered by and in the name of the parent institution(s).(g) Off-campus educational units shall adhere to quality and approval criteria regarding courses, programs, student services and other academic matters contained in §§4.101 - 4.108 of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities), and in the Approval of Distance Education, including Off-Campus Courses and Programs located in Board policies.(h) The facilities of off-campus educational units shall comply with Chapter 17 of this title, relating to Resource Planning.(i) Courses offered at off-campus educational units must be reported separately and accurately in required Board reports. Semester credit hours completed at the unit must be reported appropriately by the parent institution(s) and shall be funded as determined by the Legislature.</content><note type="source"><p>Source Note: The provisions of this §5.76 adopted to be effective May 28, 2003, 28 TexReg 4126; amended to be effective May 25, 2015, 40 TexReg 2755; amended to be effective November 23, 2016, 41 TexReg 9110.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scD/s5.78"><num value="5.78">§5.78</num><heading>Supply/Demand Pathway</heading><content>(a) The Board has developed the Supply/Demand Pathway (SDP) as a particular way to address anticipated large-scale enrollment demand in a specified region. The SDP shall be used as the model to address higher education needs in areas without ready geographic access to existing public higher education institutions. The general principles set forth in §5.76 of this title (relating to General Principals for Off-Campus Educational Units) are even more significant in regard to the larger scale efforts designated as SDP initiatives.(b) An off-campus educational unit is on the "Pathway" when it is awarded that designation by the Board.(c) The SDP consists of three categories:(1) Category A. Institutions temporarily test the market both in terms of demand and staying power by providing off-campus courses and/or programs by one or more institutions. Should demand decrease or not materialize, courses and programs can be discontinued and resources moved to areas of greater demand.(2) Category B. As demand increases, offerings may be organized through a multi-institution teaching center or as a university system center as a Pathway Education Center (PEC). A group of institutions may request that the Board authorize the establishment of a MITC. Alternatively, a university system may request that the Board authorize the establishment of a university system center. In either case, a lead institution shall be designated to provide leadership for the center and facilitate the provision of programs and resources from other institutions.(3) Category C. After an entity in Category B has attained a full-time equivalent upper-level and graduate enrollment of 3,500 for one fall semester, the parent institution(s) and Board(s) of Regents may request that the Board review the status of the center and recommend that the Legislature reclassify the unit as an upper-level general academic institution--a university. The 3,500 FTSE standard approximates the headcount enrollment included in the current university funding formula as the minimum size needed to achieve economies of scale.(d) Counting. The following general criteria and standards will be used to determine enrollments applicable to the SDP thresholds.(1) Upper-division and graduate semester credit hours generated in academic courses delivered by the parent universities or by other institutions to on-site students at a PEC shall be counted towards the relevant SDP threshold.(2) Upper-division and graduate semester credit hours generated in academic courses delivered electronically to students on-site at a PEC shall be counted towards the SDP threshold. For interactive video courses that originate at a PEC, only students taking the course at the PEC shall be counted.(3) Upper-division and graduate semester credit hours generated in academic Internet-based courses and other courses offered in non-traditional formats that do not require the physical presence of the student at a PEC for a normal number of contact hours shall not be counted.(4) Lower-division semester credit hours generated in academic courses offered at PECs shall not be counted towards the thresholds except when:(A) the courses are required at the lower-division level for degree programs offered at the PEC,(B) the courses are not offered by community colleges in the vicinity of the Center,(C) the courses have been reviewed by Higher Education Regional Councils as described in Chapter 4.107(b) of this title, relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities, and related Board procedures, and(D) the Board has granted permission to teach the courses at the PEC.(5) Enrollments in extension courses, continuing education and non-formula funded courses shall not be counted towards the thresholds.(6) Semester credit hours generated in courses that do not receive formula funding (e.g., military science, theology and religious vocations, some basic skills, personal awareness) shall not be counted toward the thresholds.</content><note type="source"><p>Source Note: The provisions of this §5.78 adopted to be effective May 28, 2003, 28 TexReg 4126; amended to be effective August 11, 2004, 29 TexReg 7671; amended to be effective August 26, 2009, 34 TexReg 5678; amended to be effective November 23, 2016, 41 TexReg 9110.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c5/scE"><num value="E">SUBCHAPTER E</num><heading>TEXAS GOVERNOR'S SCHOOLS</heading><section identifier="/us/state/tx/tac/t19/p1/c5/scE/s5.91"><num value="5.91">§5.91</num><heading>Purpose</heading><content>The purpose of this subchapter is to set forth requirements for implementation of summer residential Texas Governor's Schools for high achieving high school students.</content><note type="source"><p>Source Note: The provisions of this §5.91 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scE/s5.92"><num value="5.92">§5.92</num><heading>Authority</heading><content>Texas Education Code, §61.07621 authorizes the Coordinating Board to adopt rules to administer Texas Governor's Schools.</content><note type="source"><p>Source Note: The provisions of this §5.92 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scE/s5.93"><num value="5.93">§5.93</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board or Coordinating Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Regional Education Service Centers--The public education centers whose duties are set forth in Texas Education Code, §§8.001 - 8.007.(4) Eligible Institution--A Texas public senior college or university as defined in Texas Education Code, §61.003;(5) Eligible Student--High-achieving high school students who are residents of Texas and can demonstrate intellectual curiosity about and a commitment to a rigorous and challenging academic program in the area(s) of a program offered by an eligible institution selected as a Texas Governor's School.(6) Rising 11th or 12th Grade Students--Students who in a given academic year will complete the 10th or 11th grade and be promoted to the 11th or 12th grade, respectively, in the following academic year.</content><note type="source"><p>Source Note: The provisions of this §5.93 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scE/s5.94"><num value="5.94">§5.94</num><heading>Institutional and Student Eligibility</heading><content>(a) An eligible institution or institutions shall be selected to be a Texas Governor's School under procedures outlined by the Commissioner and set forth in a Request for Proposals or other competitive process soliciting proposals for Texas Governor's Schools.(b) An approved Texas Governor's School must offer a summer residential program to eligible students that, at a minimum,(1) has a duration of at least three weeks;(2) includes an educational curricula in the area(s) of(A) mathematics and science;(B) humanities;(C) fine arts; and/or(D) leadership and public policy.(c) Eligible students shall be selected based upon criteria outlined by the Commissioner and in accordance with Texas Education Code, §61.07621. Selected students shall reflect the same percentage of rising 11th and/or rising 12th grade students as are attending public high schools in each of the 20 regional education service centers.</content><note type="source"><p>Source Note: The provisions of this §5.94 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scE/s5.95"><num value="5.95">§5.95</num><heading>Award of Credit</heading><content>(a) An approved Texas Governor's School may offer college credit courses as part of its program according to guidelines established by the Commissioner and set forth in a Request for Proposals or other competitive process soliciting proposals for Texas Governor's Schools.(b) An approved Texas Governor's School may not award high school credit.(c) The home high school of a participating student in an approved Texas Governor's School may award high school credit to a student who successfully completes a Texas Governor's School course only through compliance with §74.26(a)(2) of this title (relating to Award of Credit).</content><note type="source"><p>Source Note: The provisions of this §5.95 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scE/s5.96"><num value="5.96">§5.96</num><heading>Funding</heading><content>(a) The amount and use of funding awarded to each approved Texas Governor's School shall be determined by the Commissioner.(b) The funds shall be distributed to each approved Texas Governor's School in a manner and time to be prescribed by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §5.96 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c5/scF"><num value="F">SUBCHAPTER F</num><heading>MATH, SCIENCE, AND TECHNOLOGY TEACHER PREPARATION ACADEMIES</heading><section identifier="/us/state/tx/tac/t19/p1/c5/scF/s5.111"><num value="5.111">§5.111</num><heading>Purpose</heading><content>The purpose of this subchapter is to set forth requirements for implementation of mathematics, science, and technology teacher preparation academies.</content><note type="source"><p>Source Note: The provisions of this §5.111 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scF/s5.112"><num value="5.112">§5.112</num><heading>Authority</heading><content>Texas Education Code, §21.462 authorizes the Coordinating Board to adopt rules to establish mathematics, science, and technology teacher preparation academies at institutions of higher education that have a State Board for Educator Certification approved teacher preparation program or are affiliated with a program approved by the Board.</content><note type="source"><p>Source Note: The provisions of this §5.112 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scF/s5.113"><num value="5.113">§5.113</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board or Coordinating Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Eligible Institution or Institution--A Texas institution of higher education as defined in Texas Education Code, §61.003, that either the State Board for Educator Certification approved teacher preparation program, or is affiliated with a teacher preparation program approved by the Coordinating Board.(4) Eligible Teacher--An experienced teacher that meets the requirements set forth under Texas Education Code, §21.462 (d), and meets other requirements determined by the Commissioner.(5) State Board for Educator Certification or SBEC--The entity with authority to oversee all aspects of the preparation, certification, and standards of conduct of Texas public school educators.(6) Mathematics, Science, and Technology Teacher Preparation Academy or Academy--A program approved by the Coordinating Board to be offered at select institutions of higher education to improve the instructional skills of teachers certified under Texas Education Code, Chapter 21, Subchapter B, and train students enrolled in teacher preparation programs to perform at the highest levels in mathematics, science, and technology.</content><note type="source"><p>Source Note: The provisions of this §5.113 adopted to be effective November 27, 2007, 32 TexReg 8491.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scF/s5.114"><num value="5.114">§5.114</num><heading>Institutional Eligibility</heading><content>Under a competitive process and in accordance with Board procedures outlined under §1.16 of this title (relating to Contracts for Materials and Services), an eligible institution or institutions shall be selected to establish an Academy or Academies under procedures outlined by the Commissioner and in accordance with Texas Education Code, §21.462.</content><note type="source"><p>Source Note: The provisions of this §5.114 adopted to be effective November 27, 2007, 32 TexReg 8491; amended to be effective November 18, 2008, 33 TexReg 9229.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scF/s5.115"><num value="5.115">§5.115</num><heading>Funding</heading><content>(a) The amount and use of funding awarded to each institution to offer an Academy or Academies shall be determined by the Commissioner in accordance with Board procedures outlined under §1.16 of this title (relating to Contracts for Materials and Services).(b) The funds shall be distributed to each institution to offer an Academy or Academies in a manner and time to be prescribed by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §5.115 adopted to be effective November 27, 2007, 32 TexReg 8491; amended to be effective November 18, 2008, 33 TexReg 9229.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c5/scH"><num value="H">SUBCHAPTER H</num><heading>UNIVERSITY FUNDING FOR EXCELLENCE IN SPECIFIC PROGRAMS AND FIELDS INCENTIVE GRANTS AND AWARDS</heading><section identifier="/us/state/tx/tac/t19/p1/c5/scH/s5.130"><num value="5.130">§5.130</num><heading>Purpose</heading><content>This subchapter provides guidance to all general academic teaching institutions, other than public state colleges, that are not research universities or emerging research universities according to the institutional groupings under the Board's higher education accountability system regarding application for the University Funding for Excellence in Specific Programs and Fields Incentive Grants and Awards Program.</content><note type="source"><p>Source Note: The provisions of this §5.130 adopted to be effective December 3, 2009, 34 TexReg 8512.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scH/s5.131"><num value="5.131">§5.131</num><heading>Authority</heading><content>Authority for these provisions is provided by Texas Education Code, §61.0596(a), which provides the Board with the authority to administer this program.</content><note type="source"><p>Source Note: The provisions of this §5.131 adopted to be effective December 3, 2009, 34 TexReg 8512.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scH/s5.132"><num value="5.132">§5.132</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Benchmark(s)--Point(s) of reference that designate movement towards the achievement of national recognition developed for each designated program by an external, out-of-state consultant and approved by the Board.(2) Board--The Texas Higher Education Coordinating Board.(3) Commissioner of Higher Education or Commissioner--The Agency acting through its executive, and his other designees, staff, or agents.(4) Designated program or designated degree program--The degree program designated by an institution and approved by the Board for consideration of benchmark awards under the grant program described in this subchapter.(5) Emerging research university--A public institution of higher education designated as an emerging research university under the Board's accountability system.(6) Endowed faculty position--A person who is employed full-time by an institution of higher education as a member of the faculty whose primary duties include teaching, research, academic service, or administration and holds a professorship paid for with the revenue from an endowment fund specifically set up for that purpose. The term does not include a person holding faculty rank who spends a majority of the person's time for the institution engaged in managerial or supervisory activities, including a chancellor, vice chancellor, president, vice president, provost, associate or assistant provost, or dean.(7) Field(s) of study--A set of courses that leads to a baccalaureate, master's or doctoral degree. Within the context of this subchapter, field(s) of study is synonymous with degree program(s).(8) General academic teaching institution--A public institution of higher education as designated by Texas Education Code, §61.003(3).(9) Highest national ranking or recognition--A program that is determined to be of national excellence based upon review by out-of-state consultants with relevant expertise in the field.(10) Medical and/or dental unit--A public institution of higher education as designated by Texas Education Code, §61.003(5).(11) Programs--Designated program or designated degree program as defined in this section.(12) Public state college--A public institution of higher education as designated by Texas Education Code, §61.003(16).(13) Research university--A public institution of higher education designated as a research university under the Board's accountability system.</content><note type="source"><p>Source Note: The provisions of this §5.132 adopted to be effective December 3, 2009, 34 TexReg 8512.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scH/s5.133"><num value="5.133">§5.133</num><heading>University Funding for Excellence in Specific Programs and Fields Incentive Benchmark Grants</heading><content>(a) General Information. The program, as it applies to this section:(1) Eligible institutions--Public institutions of higher education that are general academic teaching institutions, other than public state colleges, that are not research universities or emerging research universities.(2) Application requirements--Eligible institutions shall submit one (1) program to the Coordinating Board for consideration. Applications shall be submitted to the Board in the format and at the time specified by the Commissioner. The Board shall approve programs based, in part, upon its determination that institutions have demonstrated the greatest commitment to success in developing or improving, consistent with the mission of the institution, the quality of an existing degree program.(3) General Selection Criteria. The Program is designed to award grants each time a degree program reaches a benchmark developed, approved, and published by the Board. Benchmarks will be developed by one or more persons who have relevant expertise and do not reside in this state.(b) Review Criteria.(1) The Board shall establish a set of benchmarks applicable to each degree program designated by an institution under this grant program.(2) The Commissioner shall select one or more qualified individuals to serve as benchmark developers. Benchmark developers must have relevant expertise and reside outside of the state of Texas.(3) The Board shall approve three benchmarks for each designated degree program unless it determines that a different number of benchmarks is appropriate.(4) The Board shall also approve the associated funding levels for each type of degree program designated by an institution for this grant program.(c) Application and Review Process.(1) The Commissioner may solicit recommendations from eligible institutions each year for the designation of an eligible program. An institution may change its designated program only with the approval of the Board.(2) Each institution with designated benchmarks for a program is responsible for providing to the Commissioner the necessary data or documentation to support attainment of each benchmark in the manner prescribed by the Commissioner.(3) Board staff shall review the provided data or supporting documentation to determine whether or not the institution has met applicable benchmark(s) and is eligible for funding.(d) Funding Decisions.(1) The Board shall approve grants upon the recommendation of the staff's assessment of programs meeting applicable benchmarks. The Commissioner shall report approved grants to the Board for each annual grant period.(2) Institutions may use awards under this grant program only for faculty recruitment or other faculty support with respect to the designated degree program for which the grant is awarded, including establishment of endowed faculty positions or enhancement of faculty compensation as considered appropriate by the institution.(3) Institutions participating in this grant program shall reimburse the Board for the costs incurred by the Board in the administration of this program. The Commissioner shall outline the process and deadline for institutional reimbursement(s) to the Board.</content><note type="source"><p>Source Note: The provisions of this §5.133 adopted to be effective December 3, 2009, 34 TexReg 8512.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c5/scH/s5.134"><num value="5.134">§5.134</num><heading>University Funding in Excellence for Specific Program and Fields Incentive Awards</heading><content>(a) General Information. The program, as it applies to this section:(1) Eligible institutions--Public institutions of higher education that are general academic teaching institutions, other than public state colleges, that are not research universities or emerging research universities.(2) Application requirements--Eligible institutions shall submit one (1) program to the Coordinating Board for consideration. Applications shall be submitted to the Board in the format and at the time specified by the Commissioner.(3) General Selection Criteria. The Program is designed to distribute a one-time award for programs that have achieved the highest national ranking or recognition for that type of program. Standards for determining highest national ranking or recognition shall be developed and approved by the Board utilizing the services of out-of-state consultants with relevant expertise.(b) Review Criteria.(1) The Board shall establish a set of criteria for determining highest national ranking or recognition for programs based upon the recommendations of out-of-state consultants with relevant expertise.(2) The Board shall also approve the associated funding levels for each type of degree program designated by an institution for this award program.(c) Application and Review Process.(1) The Commissioner may solicit recommendations from eligible institutions each year for which there is funding for the designation of an eligible program.(2) Board staff shall use peer and Board staff reviewers to evaluate the quality of applications.(3) The Commissioner shall select qualified individuals to serve as reviewers. Reviewers shall demonstrate appropriate credentials to evaluate award applications in the nominated program(s). Reviewers shall not evaluate any applications for which they have a conflict of interest.(4) The Board staff shall provide written instructions and training for reviewers.(d) Funding Decisions. The Board shall approve one-time awards based upon the recommendation of the staff's and reviewers' assessment of programs meeting applicable standards. The Commissioner shall report approved awards to the Board for each annual award period.</content><note type="source"><p>Source Note: The provisions of this §5.134 adopted to be effective December 3, 2009, 34 TexReg 8512.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c6"><num value="6">CHAPTER 6</num><heading>HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scB"><num value="B">SUBCHAPTER B</num><heading>GRADUATE MEDICAL EDUCATION PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scB/s6.51"><num value="6.51">§6.51</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules for the allocation of state funds to support appropriate graduate medical education programs and activities for which adequate funds are not otherwise available; or to foster new or expanded graduate medical education programs or activities that the Board determines will address the state's needs for graduate medical education.</content><note type="source"><p>Source Note: The provisions of this §6.51 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scB/s6.52"><num value="6.52">§6.52</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, §61.0594.</content><note type="source"><p>Source Note: The provisions of this §6.52 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scB/s6.53"><num value="6.53">§6.53</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Medical school--A public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree, as identified in Texas Education Code, Chapter 61.501(1).(4) Resident physician--A physician contractually obligated to a Texas medical school, licensed hospital, or non-profit corporation to receive residency education and training for a specified period of time.</content><note type="source"><p>Source Note: The provisions of this §6.53 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scB/s6.54"><num value="6.54">§6.54</num><heading>Advisory Committee</heading><content>The Board shall appoint an advisory committee to advise the Board and the Commissioner regarding the development and administration of the program.</content><note type="source"><p>Source Note: The provisions of this §6.54 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scB/s6.55"><num value="6.55">§6.55</num><heading>Award of Graduate Medical Education Program Grants</heading><content>(a) The Commissioner shall award all Graduate Education Program Grants, after receiving the recommendations of the advisory committee. The Commissioner shall annually report all awards to the Board.(b) Graduate Education Program Grants may be used only to cover expenses related to the education of residents of the particular program or activity for which the award is made in accordance with any conditions imposed by the Board and may not otherwise be expended for the general support of the institution or entity.</content><note type="source"><p>Source Note: The provisions of this §6.55 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scB/s6.56"><num value="6.56">§6.56</num><heading>Eligibility</heading><content>To receive a Graduate Medical Education grant or formula distribution, an institution or other entity must:(1) incur the costs of faculty supervision and education or the stipend costs of resident physicians in accredited clinical residency training programs in this state. The Board will consider the costs incurred by medical schools or other entities to support faculty responsible for the education or supervision of resident physicians;(2) be a public medical school, licensed teaching hospitals, or non-profit corporation operating a nationally accredited allopathic or osteopathic residency programs;(3) provide evidence, at least annually, that the residency program is accredited by the Accreditation Council on Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA);(4) meet the criteria and financial reporting guidelines for a Graduate Medical Education grant or formula distribution as determined by the advisory committee; and(5) provide evidence, at least annually, that the residency program intends to provide continuing operational financial support.</content><note type="source"><p>Source Note: The provisions of this §6.56 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scC"><num value="C">SUBCHAPTER C</num><heading>TOBACCO LAWSUIT SETTLEMENT FUNDS</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scC/s6.71"><num value="6.71">§6.71</num><heading>Purpose and Authority</heading><content>The purpose of this subchapter is to describe the Board's criteria and process for awarding grants with Tobacco Lawsuit Settlement funds under two competitive grant programs: the Nursing, Allied Health and Other Health-related Education Grant Program; and the Minority Health Research and Education Grant Program. The Board is authorized to establish rules for these grant programs under Texas Education Code §63.202 (c) and §63.302 (d).</content><note type="source"><p>Source Note: The provisions of this §6.71 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scC/s6.72"><num value="6.72">§6.72</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.</content><note type="source"><p>Source Note: The provisions of this §6.72 adopted to be effective May 29, 2003, 28 TexReg 4130.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scD"><num value="D">SUBCHAPTER D</num><heading>TEXAS HOSPITAL-BASED NURSING EDUCATION GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scD/s6.81"><num value="6.81">§6.81</num><heading>Purpose and Authority</heading><content>(a) This subchapter describes the Board's criteria and process for awarding grants under the Texas Hospital-Based Nursing Education Partnership Grant Program. This program is designed to establish and/or expand innovative nursing degree programs to increase the number of students enrolled in and graduating from such programs.(b) These sections relate to Texas Education Code, Chapter 61, Subchapter EE, §§61.9751 - 61.9759, which authorize the Board to establish rules for providing funding to eligible hospitals in partnership with one or more nursing schools under the Texas Hospital-Based Nursing Education Partnership Grant Program.</content><note type="source"><p>Source Note: The provisions of this §6.81 adopted to be effective November 28, 2007, 32 TexReg 8492; amended to be effective December 3, 2009, 34 TexReg 8513.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scD/s6.82"><num value="6.82">§6.82</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Hospital--A health care facility that provides in-patient services in the state, that is in good standing with all regulators and accreditation bodies, and that is not owned, maintained, or operated by the federal or state government or an agency of the federal or state government.(4) Hospital-based nursing education partnership--A partnership that:(A) consists of one or more hospitals in this state that are not owned, maintained, or operated by the federal or state government or an agency of the federal or state government and one or more nursing education programs in this state; and(B) serves to increase the number of students enrolled in and graduating from one or more degree programs as a result of the partnership.(5) Nursing Education Program--Refers to an undergraduate or graduate professional nursing education program as defined in subparagraphs (A) and (B) of this paragraph:(A) Undergraduate professional nursing program--A public or private educational program for preparing students for initial licensure as registered nurses.(B) Graduate professional nursing program--An educational program of a public or private institution of higher education that prepares students for a master's or doctoral degree in nursing.</content><note type="source"><p>Source Note: The provisions of this §6.82 adopted to be effective November 28, 2007, 32 TexReg 8492; amended to be effective December 3, 2009, 34 TexReg 8513.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scD/s6.83"><num value="6.83">§6.83</num><heading>General Information</heading><content>(a) To be considered for a grant under the Texas Hospital-Based Nursing Education Partnership Grant Program, a program must be determined to be eligible to apply.(1) An eligible degree program is one that offers degree programs through hospital-based nursing education partnerships which:(A) provide courses and learning experiences leading to:(i) an associate degree in nursing;(ii) a baccalaureate degree in nursing, leading to initial licensure as a registered nurse;(iii) a master's degree in nursing with a concentration in nursing education; and/or(iv) an academic program designed to advance a registered nurse from an associate degree to a bachelor of science degree in nursing or to a master of science degree in nursing with a concentration in nursing education.(B) use existing expertise and facilities of the partners. This restriction does not prohibit a hospital or nursing school from requesting grant funds to support reasonable development and initial implementation costs necessary to support a new degree program. Hospitals and nursing schools proposing an expansion of an existing degree program may request grant funds to support reasonable development and implementation costs for expanding the degree program with the specific intent to increase the number of students enrolled. Hospitals and nursing schools in existing partnerships may not request grant funds for initial or on-going costs incurred in operating an existing degree program. The Commissioner shall make the final determination of a partnership's eligibility for funding to support development and initial implementation costs.(C) meet applicable Board and Texas Board of Nursing standards for instruction and student competency, or if Texas Board of Nursing standards are not met receive approval from the Texas Board of Nursing to waive those standards as a pilot project.(D) require each nursing school participating in the partnership, as a result of the partnership, to enroll in the degree program a sufficient number of additional students.(E) propose a marginal cost to the state for the partnership producing a nursing graduate that is equal to or less than the marginal cost to the state for producing a nursing graduate. The state marginal cost is defined as all formula funding appropriations to nursing education programs on a full-time student equivalent basis. The range of acceptable marginal costs will be calculated by the Board and contained in the Request for Application.(F) provide students with appropriate clinical placements to fulfill licensing and academic requirements of the degree.(2) Application requirements. Applications for funding shall be submitted to the Board in the format and at the time specified by the Board.(3) General Selection Criteria shall be designed to award grants that provide the best overall value to the state. Selection criteria shall be based on:(A) program quality as determined by peer reviewers;(B) impact the grant award will have on academic instruction and training in nursing education in the state;(C) cost of the proposed program; and(D) other factors to be considered by the Board, including financial ability to implement the program, state and regional needs and priorities, ability to continue the program after the grant period, and past performance.(4) Maximum award length. A program is eligible to receive funding for up to three years, contingent upon available funds, submission of required documents, a positive evaluation of progress, and a positive evaluation of the effectiveness of the program after the first and second years of funding.(b) Peer Review.(1) The Board shall use peer reviewers to evaluate the quality of applications.(2) The Commissioner shall select qualified individuals to serve as reviewers. Peer reviewers shall demonstrate appropriate credentials to evaluate grant applications in nursing education. Reviewers shall not evaluate any applications for which they have a conflict of interest.(3) Board staff shall provide written instructions and training for peer reviewers.(4) The peer reviewers shall score each application according to these award criteria which incorporate the specific priority criteria stated in Texas Education Code, §61.9754:(A) Partnership design, including:(i) structure of partner participation;(ii) provision of access to clinical training positions for nursing education students in programs not participating in the partnership;(iii) provision for tracking post-graduation employment of students in a nursing education program participating in the partnership.(B) Evaluation and expected outcomes, including:(i) increase in student enrollment and graduation and in the number of nursing faculty employed by each nursing education program participating in the partnership;(ii) improvement in student retention in each nursing education program.(C) Availability of funds to match all or a portion of the grant funds;(D) Provision for completion of a class admitted under this project to be funded by all members of the partnership if the funded project ends before the class graduation date;(E) Potential replication; and(F) Sustainability of partnership beyond the grant period.(c) Application Review Process.(1) The Board staff shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the Request for Application. Qualified applications shall be forwarded to the peer reviewers for evaluation. Board staff shall notify applicants eliminated through the screening process within 30 days of the submission deadline.(2) Peer reviewers shall evaluate applications and assign scores based on award criteria. All evaluations and scores of the reviewers are final.(3) Board staff shall rank each application based on points assigned by peer reviewers, and may request that individuals representing the most highly-ranked applications make oral presentations on their applications to the peer reviewers and Board staff. The Board staff may consider reviewer comments from the oral presentations in recommending a priority-ranked list of applications to the Commissioner for approval.(d) Funding Decisions.(1) Applications for grant funding shall be evaluated only upon the information provided in the written application.(2) The Board will approve grants based upon the recommendation of peer reviewers and Board staff.(3) Funding recommendations to the Board shall consist of the most highly ranked and recommended applications up to the limit of available funds. If available funds are insufficient to fund a proposal after the higher-ranking and recommended applications have been funded, staff shall negotiate with the applicant to determine if a lesser amount would be acceptable. If the applicant does not agree to the lesser amount, the staff shall negotiate with the next applicant on the list of highly ranked applications.(4) If the Board does not use all of the available funds for the program, unspent funds may be used to make grants under the Professional Nursing Shortage Reduction Program and the Nursing, Allied Health, and Other-Health-related Education Grant Program.(e) Contract. Following approval of grant awards by the Board, the successful applicants must sign a contract issued by Board staff and based on the information contained in the application.(f) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point.(g) Request for Proposal. The full text of the administrative regulations, budget guidelines, reporting requirements, and other standards of accountability for this program are contained in the official Request for Application available upon request from the Board.(h) Grants, Gifts, and Donations. The Board may solicit, receive, and spend grants, gifts, and donations from any public or private source for the purpose of this subchapter.(i) Administrative Costs. Three percent of any money appropriated for purposes of this subchapter may be used to pay the costs of administering the program.</content><note type="source"><p>Source Note: The provisions of this §6.83 adopted to be effective November 28, 2007, 32 TexReg 8492; amended to be effective December 3, 2009, 34 TexReg 8513.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scE"><num value="E">SUBCHAPTER E</num><heading>TEXAS EMERGENCY AND TRAUMA CARE EDUCATION PARTNERSHIP PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scE/s6.91"><num value="6.91">§6.91</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules regarding awards under the Texas Emergency and Trauma Care Education Partnership Program.</content><note type="source"><p>Source Note: The provisions of this §6.91 adopted to be effective February 28, 2012, 37 TexReg 1326.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scE/s6.92"><num value="6.92">§6.92</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, Chapter 61, Subchapter HH, §§61.9801 - 61.9807.</content><note type="source"><p>Source Note: The provisions of this §6.92 adopted to be effective February 28, 2012, 37 TexReg 1326.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scE/s6.93"><num value="6.93">§6.93</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Graduate medical education program--A nationally-accredited post-medical degree (M.D.) or doctor of osteopathic medicine (D.O.) program that prepares physicians for the independent practice of medicine in a specific specialty area, also referred to as residency training. The term also applies to the period of didactic and clinical education in a medical subspecialty which follows the completion of education in a recognized medical specialty, and which prepares physicians for the independent practice of medicine in that subspecialty.(4) Graduate professional nursing program--An educational program of a public or private institution of higher education that prepares students for a master's or doctoral degree, as defined in Texas Education Code, §54.221.(5) Hospital--A Texas health care facility, as defined in Texas Health and Safety Code, §241.003, and includes a hospital owned, maintained, or operated by the state, but does not include a facility that is owned, maintained, or operated by the federal government or an agency of the federal government.(6) Medical school--A public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree, as defined in Texas Education Code, §61.501(1).</content><note type="source"><p>Source Note: The provisions of this §6.93 adopted to be effective February 28, 2012, 37 TexReg 1326.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scE/s6.94"><num value="6.94">§6.94</num><heading>Eligibility</heading><content>(a) A grant under this subchapter may be spent only on costs related to the operation or to the development and operation of a Texas Emergency and Trauma Care Education Partnership.(b) The following emergency and trauma education partnerships are eligible to participate in the program and apply for support:(1) Graduate Nursing Education Program Partnerships that:(A) consist of one or more Hospitals and one or more graduate nursing programs in this state; and(B) prepare students to complete a graduate professional nursing program with a specialty focus or post-master's certificate in emergency and trauma care; or(2) Graduate Medical Education and Fellowship Programs Partnerships, that:(A) consist of one or more Hospitals and one or more graduate medical education programs in this state; and(B) prepare the physician to earn a board certification by the American Board of Medical Specialties or the Bureau of Osteopathic Specialties.(c) Emergency and Trauma Care Education Partnerships must:(1) certify an increase of a sufficient number of additional nursing students and/or physicians in the participating graduate education programs; and(2) use existing facilities and expertise of the hospitals and graduate education programs participating in the partnership.</content><note type="source"><p>Source Note: The provisions of this §6.94 adopted to be effective February 28, 2012, 37 TexReg 1326.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scE/s6.95"><num value="6.95">§6.95</num><heading>Selection for Funding</heading><content>(a) The selection process includes an application review and staff recommendation for funding. Board staff shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the Request for Application. An application must meet the requirements of the Request for Application and be submitted with proper authorization before or on the day specified by the Board to qualify for further consideration. Board staff shall notify applicants eliminated through the screening process within 30 days of the submission deadline. Applications for the Emergency and Trauma Care Education Partnership Program shall be reviewed for their viability and overall value to the state. Each application shall:(1) Provide a detailed explanation of the eligible partnership, including a description of the role and commitment of the Hospital(s) and graduate nursing program or graduate medical education fellowship program;(2) Document how the partnership will serve to increase training opportunities in emergency and trauma care for registered nurses or physician fellows at participating partnerships;(3) Describe the collaborative model of partner participation, including a detailed budget that demonstrates how additional funding would provide for training of students, with documented roles and responsibilities of the partners;(4) Identify the program director responsible to the partnership for centralized decision making related to the partnership;(5) Include a provision to maintain existing clinical training agreements relating to graduate nursing and graduate medical education programs not participating in the partnership and to provide for a specified number of additional registered nurses and/or physician fellows to participate in clinical training;(6) Include a provision for tracking employment of partnership participants during and after completion of participation;(7) Describe availability of funds and/or in-kind contributions made available by the partnership to match a portion of the grant funds;(8) Describe potential partnership program replication; and(9) Describe sustainability of the partnership beyond the grant period.(b) The Board staff shall evaluate all responsive applications submitted by the established deadlines and make a recommendation of selected partnerships to be funded to the Commissioner. The Commissioner shall make the final funding decision.</content><note type="source"><p>Source Note: The provisions of this §6.95 adopted to be effective February 28, 2012, 37 TexReg 1326.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scE/s6.96"><num value="6.96">§6.96</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Request for Applications. The full text of the administrative regulations, budget guidelines, reporting requirements, and other standards of accountability for this program are contained in the official Request for Applications.(c) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by Board staff and based on the information contained in the Request for Application.(d) Reporting. Grantees must file reports with the Board as required and include the outcomes of the partnership program(s) according to a schedule and format determined by the Board.(e) Grants, Gifts, and Donations. The Board may solicit, receive, and spend grants, gifts, and donations from any public or private source for the purpose of this subchapter.(f) Administrative Costs. A reasonable amount, not to exceed three percent of funds appropriated for purposes of this subchapter, may be used to pay the costs of administering the Texas Emergency and Trauma Care Education Partnership Program.</content><note type="source"><p>Source Note: The provisions of this §6.96 adopted to be effective February 28, 2012, 37 TexReg 1326.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scF"><num value="F">SUBCHAPTER F</num><heading>PLANNING GRANTS FOR GRADUATE MEDICAL EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scF/s6.105"><num value="6.105">§6.105</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules regarding awards for Graduate Medical Education Planning and Partnership Grants.</content><note type="source"><p>Source Note: The provisions of this §6.105 adopted to be effective November 24, 2013, 38 TexReg 8429; amended to be effective November 25, 2015, 40 TexReg 8205.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scF/s6.106"><num value="6.106">§6.106</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, Chapter 58A, Subchapter B, §58A.021 and §58A.022.</content><note type="source"><p>Source Note: The provisions of this §6.106 adopted to be effective November 24, 2013, 38 TexReg 8429.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scF/s6.107"><num value="6.107">§6.107</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) Community-based, Ambulatory Patient Care Center--Includes:(A) a federally qualified health center, as defined by §1905(1)(2)(B), Social Security Act (42 U.S.C. §1396d(1)(2)(B));(B) a community mental health center, as defined by §1861(ff)(3)(B), Social Security Act (42 U.S.C. §1395x(ff)(3)(B));(C) a rural health clinic, as defined by §1861(aa)(2), Social Security Act (42 U.S.C. §1395x(aa)(2)); and(D) a teaching health center, as defined by 42 U.S.C. §2931-1(f)(3)(A).(4) First-Year Residency Position--A position filled by a physician that is entering into residency training for the first time.(5) Graduate-Year Level--A resident's current year of accredited graduate medical education. Graduate-Year Level is also referred to as "postgraduate year" or "PGY."(6) Graduate Medical Education Program (also referred to as residency training)--(A) a nationally-accredited post-doctor of medicine (M.D.) or post-doctor of osteopathic medicine (D.O.) program that prepares physicians for the independent practice of medicine in a specific specialty area; or(B) a nationally-accredited post-doctor of podiatric medicine (D.P.M.) program that prepares podiatrists for independent practice in the specialty area of podiatry.(7) Hospital--(A) a facility licensed as a hospital under Chapter 241, Health and Safety Code, or as a mental hospital under Chapter 577, Health and Safety Code; or(B) a similar facility owned or operated by this state or an agency of this state.(8) Medical School--A Texas public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree.(9) Request for Applications--The full text of the administrative regulations, budget guidelines, reporting requirements, and other standards of accountability for this program.(10) Applicant--An entity eligible to apply for a Graduate Medical Education Planning and Partnership Grant.</content><note type="source"><p>Source Note: The provisions of this §6.107 adopted to be effective November 24, 2013, 38 TexReg 8429; amended to be effective November 25, 2015, 40 TexReg 8205; amended to be effective May 19, 2022, 47 TexReg 2858.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scF/s6.108"><num value="6.108">§6.108</num><heading>Eligibility</heading><content>(a) The following entities located in the state are eligible to apply for support under the Planning and Partnership Grant Program:(1) a hospital; or(2) a medical school; or(3) a community-based, ambulatory patient care center.(b) A grant under this subchapter must be used for the purpose of planning a new GME program that includes first-year residency positions.</content><note type="source"><p>Source Note: The provisions of this §6.108 adopted to be effective November 24, 2013, 38 TexReg 8429; amended to be effective November 25, 2015, 40 TexReg 8205.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scF/s6.109"><num value="6.109">§6.109</num><heading>Selection for Funding</heading><content>(a) Applicants shall be selected for funding on a competitive basis. Application requirements and selection criteria shall be provided in the Request for Applications (RFA).(b) The selection process includes an application review and staff recommendation for funding. The Board shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the RFA. An application must meet the requirements of the RFA and be submitted with proper authorization before or on the day specified by the Board to qualify for further consideration.</content><note type="source"><p>Source Note: The provisions of this §6.109 adopted to be effective November 24, 2013, 38 TexReg 8429.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scF/s6.110"><num value="6.110">§6.110</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by the Board.(c) Reporting. Grantees must file reports with the Board as required by the Request for Applications, Notice of Grant Award, and any amendments thereto according to the schedule and format determined by the Board.(d) Return of Funds. Grantee is required to return to the Board unexpended funds and remaining funds if award is terminated or Grantee is unable to fill the position or expend the funds within the grant period.(e) Reimbursement. Grantee shall reimburse the Board for funds expended on unallowed or unauthorized costs.</content><note type="source"><p>Source Note: The provisions of this §6.110 adopted to be effective November 24, 2013, 38 TexReg 8429; amended to be effective May 19, 2022, 47 TexReg 2858.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scG"><num value="G">SUBCHAPTER G</num><heading>UNFILLED POSITION GRANTS FOR GRADUATE MEDICAL EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scG/s6.120"><num value="6.120">§6.120</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules regarding awards for Graduate Medical Education Unfilled Position Grants.</content><note type="source"><p>Source Note: The provisions of this §6.120 adopted to be effective November 24, 2013, 38 TexReg 8431.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scG/s6.121"><num value="6.121">§6.121</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, Chapter 58A, Subchapter B, §§58A.021, 58A.023 and 58A.025.</content><note type="source"><p>Source Note: The provisions of this §6.121 adopted to be effective November 24, 2013, 38 TexReg 8431.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scG/s6.122"><num value="6.122">§6.122</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) First-Year Residency Position--A position filled by a physician that is entering into residency training for the first time.(4) Graduate Medical Education Program (also referred to as residency training)--(A) a nationally-accredited post-doctor of medicine (M.D.) or post-doctor of osteopathic medicine (D.O.) program that prepares physicians for the independent practice of medicine in a specific specialty area; or(B) a nationally-accredited post-doctor of podiatric medicine (D.P.M.) program that prepares podiatrists for independent practice in the specialty area of podiatry.(5) Graduate-Year Level--A resident's current year of accredited graduate medical education. Graduate-Year Level is also referred to as "postgraduate year" or "PGY."(6) Medical School--A public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree, as defined in Texas Education Code, §61.003(5) or §61.501(1).(7) Request for Applications--The full text of the administrative regulations, budget guidelines, reporting requirements, and other standards of accountability for this program.(8) Sponsoring Institution--The organization or entity that assumes the ultimate financial and/or academic responsibility for a program of graduate medical education, e.g., a university, a medical school, a hospital, a school of public health, a health department, a public health agency, an organized health care delivery system, a medical examiner's office, a consortium, an educational foundation.(9) Unfilled Position--A first-year residency position that is approved by the accreditor for the graduate medical education program and that was not filled as of July 1, 2013.</content><note type="source"><p>Source Note: The provisions of this §6.122 adopted to be effective November 24, 2013, 38 TexReg 8431; amended to be effective May 19, 2022, 47 TexReg 2858.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scG/s6.123"><num value="6.123">§6.123</num><heading>Eligibility</heading><content>(a) An existing graduate medical education (GME) program and its sponsoring institution are eligible to participate in the program and may apply for support, if the GME program has unfilled first-year residency positions that are approved by the program's accrediting body.(b) A grant under this subchapter may only support costs related to the direct resident costs of the GME program.</content><note type="source"><p>Source Note: The provisions of this §6.123 adopted to be effective November 24, 2013, 38 TexReg 8431.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scG/s6.124"><num value="6.124">§6.124</num><heading>Selection for Funding</heading><content>(a) Applicant shall be selected for funding based on requirements and selection criteria provided in the Request for Applications (RFA).(b) The selection process includes an application review and staff recommendation for funding. The Board shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the RFA. An application must meet the requirements of the RFA and be submitted with proper authorization before or on the day specified by the RFA to qualify for further consideration.(c) The Board shall distribute funding only after awarded applicants verify that funded residency positions have been filled.</content><note type="source"><p>Source Note: The provisions of this §6.124 adopted to be effective November 24, 2013, 38 TexReg 8431.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scG/s6.125"><num value="6.125">§6.125</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by the Board.(c) Reporting. Grantees must file reports with the Board as required by the Request for Applications, Notice of Grant Award, and any amendments thereto according to the schedule and format determined by the Board.(d) Return of Funds. Grantee is required to return to the Board unexpended funds and remaining funds if award is terminated or Grantee is unable to fill the position or expend the funds within the grant period.(e) Reimbursement. Grantee shall reimburse the Board for funds expended on unallowed or unauthorized costs.</content><note type="source"><p>Source Note: The provisions of this §6.125 adopted to be effective November 24, 2013, 38 TexReg 8431; amended to be effective May 19, 2022, 47 TexReg 2858.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scH"><num value="H">SUBCHAPTER H</num><heading>GRANTS FOR NEW AND EXPANDED PROGRAMS FOR GRADUATE MEDICAL EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scH/s6.135"><num value="6.135">§6.135</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules regarding awards for Graduate Medical Education Program Expansion and New Programs.</content><note type="source"><p>Source Note: The provisions of this §6.135 adopted to be effective November 24, 2013, 38 TexReg 8433.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scH/s6.136"><num value="6.136">§6.136</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, Chapter 58A, Subchapter B, §§58A.021, 58A.024 and 58A.025.</content><note type="source"><p>Source Note: The provisions of this §6.136 adopted to be effective November 24, 2013, 38 TexReg 8433.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scH/s6.137"><num value="6.137">§6.137</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Higher Education Coordinating Board.(2) Commissioner--The Commissioner of Higher Education.(3) First-Year Residency Position--A position filled by a physician that is entering into residency training for the first time.(4) Graduate Medical Education Program (also referred to as residency training)--(A) a nationally-accredited post-doctor of medicine (M.D.) or post-doctor of osteopathic medicine (D.O.) program that prepares physicians for the independent practice of medicine in a specific specialty area; or(B) a nationally-accredited post-doctor of podiatric medicine (D.P.M.) program that prepares podiatrists for independent practice in the specialty area of podiatry.(5) Graduate-Year Level--A resident's current year of accredited graduate medical education. Graduate-Year Level is also referred to as "postgraduate year" or "PGY."(6) Medical School--A public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree, as defined in Texas Education Code, §61.003(5) or §61.501(1).(7) Request for Applications--The full text of the administrative regulations, budget guidelines, reporting requirements, and other standards of accountability for this program.(8) Sponsoring Institution--The organization or entity that assumes the ultimate financial and/or academic responsibility for a program of graduate medical education, e.g., a university, a medical school, a hospital, a school of public health, a health department, a public health agency, an organized health care delivery system, a medical examiner's office, a consortium, an educational foundation.(9) Applicant--A sponsoring institution that has submitted an Application for an award under the Grants for New and Expanded Programs for Graduate Medical Education.</content><note type="source"><p>Source Note: The provisions of this §6.137 adopted to be effective November 24, 2013, 38 TexReg 8433; amended to be effective May 19, 2022, 47 TexReg 2859.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scH/s6.138"><num value="6.138">§6.138</num><heading>Eligibility</heading><content>(a) The following entities are eligible to participate in the grant program and may apply for support:(1) A sponsoring institution with an existing graduate medical education (GME) program that intends to increase the number of approved first-year residency positions; or(2) A sponsoring institution that intends to establish a new GME program with first-year residency positions.(b) A grant under this subchapter may only support costs related to the direct resident costs of the GME program.</content><note type="source"><p>Source Note: The provisions of this §6.138 adopted to be effective November 24, 2013, 38 TexReg 8433.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scH/s6.139"><num value="6.139">§6.139</num><heading>Selection for Funding</heading><content>(a) Applicant shall be selected for funding based on requirements and selection criteria provided in the Request for Applications (RFA).(b) The selection process includes an application review and staff recommendation for funding. The Board shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the RFA. An application must meet the requirements of the RFA and be submitted with proper authorization before or on the day specified by the RFA to qualify for further consideration.(c) The Board shall distribute funding only after awarded applicants verify that funded residency positions have been filled.</content><note type="source"><p>Source Note: The provisions of this §6.139 adopted to be effective November 24, 2013, 38 TexReg 8433.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scH/s6.140"><num value="6.140">§6.140</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by the Board.(c) Reporting. Grantees must file reports with the Board as required by the Request for Applications, Notice of Grant Award, and any amendments thereto according to the schedule and format determined by the Board.(d) Return of Funds. Grantee is required to return to the Board unexpended funds and remaining funds if award is terminated or Grantee is unable to fill the position or expend the funds within the grant period.(e) Reimbursement. Grantee shall reimburse the Board for funds expended on unallowed or unauthorized costs.</content><note type="source"><p>Source Note: The provisions of this §6.140 adopted to be effective November 24, 2013, 38 TexReg 8433; amended to be effective May 19, 2022, 47 TexReg 2859.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scJ"><num value="J">SUBCHAPTER J</num><heading>PRIMARY CARE INNOVATION PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.200"><num value="6.200">§6.200</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules to establish the Primary Care Innovation Program, under which the Board awards grant payments to incentivize medical schools that administer innovative programs designed to increase the number of primary care physicians in Texas. A grant under this subchapter may be spent only on a program intended to increase the number of primary care physicians in the state.</content><note type="source"><p>Source Note: The provisions of this §6.200 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.201"><num value="6.201">§6.201</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, Chapter 58A, Subchapter C, §§58A.051 - 58A.054.</content><note type="source"><p>Source Note: The provisions of this §6.201 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.202"><num value="6.202">§6.202</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Administer--Includes but is not limited to the proposal, development, and implementation of a program, within the parameters of the Request for Applications.(2) Board or THECB--The Texas Higher Education Coordinating Board.(3) Medical School--A public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree, as defined in Texas Education Code, §61.003(5) and §61.501(1).(4) Primary Care--The medical specialties including family practice, general internal medicine, general pediatrics, and obstetrics and gynecology, as defined in Texas Education Code, §58.008.(5) Primary Care Innovation Program--a grant program under which the Board awards grant payments to incentivize medical schools that administer innovative programs designed to increase the number of primary care physicians in this state.(6) Request for Applications (RFA)--A type of solicitation notice in which the THECB announces available grant funding, sets forth the guidelines governing the program, provides evaluation criteria for submitted applications, and provides instructions for eligible entities to submit applications for such funding. The guidelines governing the program may include a Letter of Intent, eligibility requirements, performance expectations, budget guidelines, reporting requirements, and other standards of accountability for this program.</content><note type="source"><p>Source Note: The provisions of this §6.202 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.203"><num value="6.203">§6.203</num><heading>Eligibility</heading><content>The following are eligible to apply for a grant under the program:(1) A Medical School; or(2) A partnership among Medical Schools.</content><note type="source"><p>Source Note: The provisions of this §6.203 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.204"><num value="6.204">§6.204</num><heading>Grant Application Procedures</heading><content>To qualify for funding consideration, each eligible entity must submit an application to Board staff. Each application must:(1) Be submitted electronically in a format specified in the RFA;(2) Adhere to the grant program requirements and the funding priorities contained in the RFA; and(3) Be submitted with proper authorization on or before the date and time specified by the Board in the RFA.</content><note type="source"><p>Source Note: The provisions of this §6.204 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.205"><num value="6.205">§6.205</num><heading>Award Amounts</heading><content>The maximum amount of funding available to the program is dependent on the legislative appropriation for each biennium. Maximum and minimum award levels and maximum number of awards will be specified in the RFA.</content><note type="source"><p>Source Note: The provisions of this §6.205 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.206"><num value="6.206">§6.206</num><heading>Award Criteria and Selection for Funding</heading><content>(a) Applicants shall be selected for funding on a competitive basis.(b) An application must meet the requirements of the RFA and be submitted with proper authorization on or before the day and time specified by the RFA to qualify for further consideration.(c) The selection process includes an application review and staff recommendation for funding. Board staff shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the RFA.(d) Each application shall:(1) Target current or prospective medical students;(2) Provide a detailed explanation of the applicant's primary care innovation program, including a timeline for development and implementation, description of student population identified to participate in the program, description of any other population identified to participate in the program, detailed description of essential budget, and detailed information related to administration and support for the program;(3) Document how the innovation program would achieve the goals of increasing the number of Texas medical students who pursue a career in Primary Care; and(4) Incorporate a provision for tracking the career paths of medical student participants in the innovation program, for the four-year period following graduation, including the specialty/subspecialty practiced by the graduates and whether the graduate practiced in the state and, if so, the practice location(s), in each of the four years.(e) Priority for selection will be given, in the order stated in paragraphs (1) - (5) of this subsection, to applicants that demonstrate an innovative approach to the promotion of primary care specialties, and that include, but are not limited to, one or more of the following:(1) Evidence supporting conceptual foundation of proposed program;(2) Evidence of institutional commitment to increase the primary care workforce;(3) Evidence of institutional support of proposal, such as faculty and staff time, access to institutional resources, and/or funds;(4) Collaboration across medical schools and/or healthcare delivery organizations; and(5) Description of a plan for sustainability of the proposed program.</content><note type="source"><p>Source Note: The provisions of this §6.206 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.207"><num value="6.207">§6.207</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grant Solicitations. The Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by Board staff.</content><note type="source"><p>Source Note: The provisions of this §6.207 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scJ/s6.208"><num value="6.208">§6.208</num><heading>Reporting</heading><content>Each funded applicant shall provide reports to the THECB as detailed in the RFA. The reports will include, but may not be limited to, the following:(1) Number of students participating in and completing the program;(2) A detailed summary of budget expenditures as allowed; and(3) Information on the career paths of medical student participants in the innovation program, for the four-year period following graduation, including the specialty/subspecialty practiced by the graduates and whether the graduate practiced in the state and, if so, the practice location(s), in each of the four years.</content><note type="source"><p>Source Note: The provisions of this §6.208 adopted to be effective September 4, 2014, 39 TexReg 6844.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c6/scK"><num value="K">SUBCHAPTER K</num><heading>AUTISM GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.210"><num value="6.210">§6.210</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement rules to establish the Autism Grant Program, under which the Board awards grant payments to existing autism research centers at Texas public institutions of higher education for:(1) Parent-directed treatment,(2) Board Certified Behavior Analyst Training for teachers/paraprofessionals, and(3) Research, development, and evaluation of innovative autism treatment models.</content><note type="source"><p>Source Note: The provisions of this §6.210 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.211"><num value="6.211">§6.211</num><heading>Authority</heading><content>The authority for this subchapter is found in the General Appropriations Act, HB 1, 84th Texas Legislature, Article III, Rider 68.</content><note type="source"><p>Source Note: The provisions of this §6.211 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.212"><num value="6.212">§6.212</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Administer--Includes but is not limited to the proposal, development, implementation, and maintenance of a program, within the parameters of the Request for Applications.(2) Autism research center--An entity operated by a Texas public institution of higher education that currently conducts research on autism and provides evidence-based treatment and/or education services for autism spectrum disorders.(3) Board or THECB--The Texas Higher Education Coordinating Board.(4) Board-certified Behavior Analyst (BCBA) Training for Teachers/Paraprofessionals--Teachers/Paraprofessionals receive behavioral skills training in methodologies and strategies of applied behavior analysis under the guidance of a BCBA training professional.(5) Institution of higher education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined by Texas Education Code, §61.003.(6) Parent-directed treatment--Provision of training services to enable parents (or other home-based caregivers) to provide evidence-based treatments to their children with autism spectrum disorder.(7) Request for Applications (RFA)--A type of solicitation notice in which the THECB announces available grant funding, sets forth the guidelines governing the program, provides evaluation criteria for submitted applications, and provides instructions for eligible entities to submit applications for such funding. The guidelines governing the program may include a Letter of Intent, eligibility requirements, performance expectations, budget guidelines, reporting requirements, and other standards of accountability for this program.</content><note type="source"><p>Source Note: The provisions of this §6.212 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.213"><num value="6.213">§6.213</num><heading>Eligibility</heading><content>The following are eligible to apply for a grant under the program:(1) A Texas public, private or independent institution of higher education that operates an autism research center as of September 1, 2015; or(2) A partnership among Texas public, private or independent institutions of higher education that operate one or more autism research centers as of September 1, 2015.</content><note type="source"><p>Source Note: The provisions of this §6.213 adopted to be effective June 6, 2016, 41 TexReg 3998; amended to be effective February 28, 2018, 43 TexReg 1068.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.214"><num value="6.214">§6.214</num><heading>Grant Application Procedures</heading><content>To qualify for funding consideration, each eligible entity must submit an application to Board staff. Each application must:(1) Be submitted electronically in a format specified in the RFA; and(2) Adhere to the grant program requirements, the funding priorities, and any other requirements contained in the RFA.</content><note type="source"><p>Source Note: The provisions of this §6.214 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.215"><num value="6.215">§6.215</num><heading>Award Amounts</heading><content>The maximum amount of funding available to the program is dependent on the legislative appropriation for each biennium. Maximum and minimum award levels and maximum number of awards will be specified in the RFA.</content><note type="source"><p>Source Note: The provisions of this §6.215 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.216"><num value="6.216">§6.216</num><heading>Review Criteria</heading><content>(a) Applicants shall be selected for funding on a competitive basis.(b) An application must meet the requirements of the RFA and be submitted with proper authorization on or before the day and time specified by the RFA to qualify for further consideration.(c) The selection process includes an application review and staff recommendation for funding. Board staff shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the RFA. Board staff may select qualified individuals to serve as external reviewers. Reviewers shall demonstrate appropriate credentials to evaluate grant applications in autism treatment, training, and research. Reviewers shall not evaluate any applications for which they have a potential conflict of interest.(d) The reviewers shall evaluate each entity's application for selection according to these criteria:(1) How the applicant would achieve one or more of the following goals:(A) increasing the number of parents trained in parent-directed treatment;(B) increasing the number of teachers and/or paraprofessionals receiving Board Certified Behavior Analyst (BCBA) Training; or(C) researching, developing, and evaluating innovative autism treatment models.(2) Detailed explanation of the applicant's autism treatment, training, or research program, rationale (including the evidence base) for the program, timeline for development and implementation, description of target population (including the applicant's strategies to recruit and serve diverse populations), description of budget, and detailed information related to administration and support for the program; and(3) Applicant's evaluation plan to determine the effectiveness of its proposed project;(e) Award criteria may be adjusted by Board staff to best fulfill the purpose of an individual grant competition, if those adjusted award criteria are included in the Request for Applications for the grant competition.</content><note type="source"><p>Source Note: The provisions of this §6.216 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.217"><num value="6.217">§6.217</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grant Solicitations. The Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by Board staff.</content><note type="source"><p>Source Note: The provisions of this §6.217 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c6/scK/s6.218"><num value="6.218">§6.218</num><heading>Reporting</heading><content>Each funded applicant shall provide reports to the THECB as detailed in the RFA. The reports will include, but may not be limited to, the following:(1) Number of children with autism served by the program;(2) Number of parents trained and number of teachers/paraprofessionals trained, as applicable;(3) Responsive information, including documentation, addressing Review Criteria, §6.216(d)(1) - (3) of this title (relating to Review Criteria); and(4) A detailed summary of budget expenditures.</content><note type="source"><p>Source Note: The provisions of this §6.218 adopted to be effective June 6, 2016, 41 TexReg 3998.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c7"><num value="7">CHAPTER 7</num><heading>DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c7/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.1"><num value="7.1">§7.1</num><heading>Purpose</heading><content>This chapter clarifies the standards and details the process by which private postsecondary educational institutions and public out-of-state postsecondary educational institutions may be authorized to offer degrees, to offer credits toward degrees, to employ agents, to use certain academic terms within the state, and to limit the use of certain academic degrees by individuals and institutions. The chapter proscribes certain behavior, and specifies the sanctions that may be imposed for violations of the applicable rules and statutes.</content><note type="source"><p>Source Note: The provisions of this §7.1 adopted to be effective December 6, 2009, 34 TexReg 8515.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.2"><num value="7.2">§7.2</num><heading>Authority</heading><content>These sections relate to Texas Education Code, Chapter 61, Subchapter G, §§61.301 - 61.321 and Subchapter H, §§61.401 - 61.405, which regulate the awarding or offering of degrees, awarding or offering credit toward degrees, and use of certain academic terms by private postsecondary educational institutions and out-of-state public postsecondary educational institutions, and Chapter 132, relating to career schools and colleges.</content><note type="source"><p>Source Note: The provisions of this §7.2 adopted to be effective December 6, 2009, 34 TexReg 8515.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.3"><num value="7.3">§7.3</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic Record--Any information that is:(A) directly related to a student's educational efforts;(B) intended to support the student's progress toward completing a degree program;(C) regardless of the format or manner in which or the location where the information is held, maintained by an institution for the purpose of sharing among academic officials; and(D) for purposes of this chapter, an academic record includes a student's educational history, but does not include medical records, alumni records other than educational history, human resources records, or criminal history record information or other law enforcement records.(2) Accreditation--The status of public recognition that an accrediting agency grants to an educational institution.(3) Accrediting Agency--A legal entity recognized by the Secretary of Education of the United States Department of Education as an accrediting agency that conducts accreditation activities through voluntary peer review and makes decisions concerning the accreditation status of institutions, including ensuring academic, financial, and operational quality. A Board-recognized Accrediting Agency is any accrediting agency authorized by the Secretary of Education of the United States Department of Education to accredit educational institutions that offer the associate degree or higher, the standards of accreditation or membership for which have been found by the Board to be sufficiently comprehensive and rigorous to qualify its institutional members for an exemption from certain provisions of this chapter.(4) Agent--A person employed by or representing a postsecondary educational institution that does not have a Certificate of Authorization or Certificate of Authority, within or without Texas who:(A) solicits any Texas student for enrollment in the institution (excluding the occasional participation in a college/career fair involving multiple institutions or other event similarly limited in scope in the state of Texas);(B) solicits or accepts payment from any Texas student for any service offered by the institution; or(C) while having a physical presence in Texas, solicits students or accepts payment from students who do not reside in Texas.(5) Associate Degree Program--A grouping of courses designed to lead the individual directly to employment in a specific career or to transfer to an upper-level baccalaureate program. This specifically refers to the associate of arts (AA), the associate of science (AS), the associate of applied arts (AAA), the associate of applied science (AAS), and the associate of occupational studies (AOS) degrees.(A) Academic Associate Degree Program--A grouping of courses designed to transfer to an upper-level baccalaureate program and that includes sixty (60) semester credit hours and not more than sixty-six (66) semester credit hours or ninety (90) quarter credit hours and not more than ninety-nine (99) quarter credit hours. An academic associate degree must include at least twenty (20) semester credit hours or thirty (30) quarter credit hours of general education courses. This specifically refers to the associate of arts (AA) and the associate of science degrees (AS).(B) Applied Associate Degree Program--A grouping of courses designed to lead the individual directly to employment in a specific career and that includes at least sixty (60) semester credit hours and not more than seventy-two (72) semester credit hours or ninety (90) quarter credit hours and not more than one hundred eight (108) quarter hours. An applied associate degree must include at least fifteen (15) semester credit hours or twenty-three (23) quarter credit hours of general education courses. This specifically refers to the associate of applied arts (AAA) and the associate of applied science (AAS) degrees. Associate of Occupational Studies (AOS) degrees are only allowed under §7.5 of this chapter.(6) Board--The Texas Higher Education Coordinating Board.(7) Board Staff--The staff of the Texas Higher Education Coordinating Board including the Commissioner of Higher Education and all employees who report to the Commissioner.(8) Career School or College--Any business enterprise operated for a profit, or on a nonprofit basis, that maintains a place of business in the state of Texas or solicits business within the state of Texas, and that is not specifically exempted by Texas Education Code, §132.002 or §7.4 of this chapter (relating to Standards for Operations of Institutions), and:(A) that offers or maintains a course or courses of instruction or study; or(B) at which place of business such a course or courses of instruction or study is available through classroom instruction, by electronic media, by correspondence, or by some or all, to a person for the purpose of training or preparing the person for a field of endeavor in a business, trade, technical, or industrial occupation, or for career or personal improvement.(9) Certificate of Approval--The Texas Workforce Commission's approval of career schools or colleges with operations in Texas to maintain, advertise, solicit for, or conduct any program of instruction in this state.(10) Certificate of Authority--The Board's approval of postsecondary institutions (other than exempt institutions), with operations in the state of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees, while seeking Board-recognized accreditation. Additional conditions, restrictions, or requirements may be placed on a Certificate of Authority pursuant to §7.8 of this chapter (relating to Institutions Not Accredited by a Board-Recognized Accreditor).(11) Certificate of Authorization--The Board's acknowledgment that an institution is qualified for an exemption, unless specifically provided otherwise, from certain identified regulations in this subchapter.(A) A Certificate of Authorization for an institution offering degrees or courses leading to degrees at a physical location in Texas will be issued for the period of time in the institution's current grant of accreditation by its Board-recognized accreditor.(B) A Certificate of Authorization may be issued as provisional for a 15-month temporary exemption from certain identified regulations in this subchapter based on its main campus' accreditation while seeking final approval for the new Texas-based campus from its Board-recognized accreditor and the Texas Workforce Commission.(C) An out-of-state institution may be issued a renewable one-year Certificate of Authorization in order to allow students to complete experiential learning experiences in Texas.(12) Certificate of Registration--The Board's approval of an agent to solicit students on behalf of a private postsecondary educational institution in the state of Texas.(13) Certification Advisory Council--The Council as established by Board rules Chapter 1, Subchapter H, §§1.135 - 1.141 of this title (relating to Certification Advisory Council).(14) Change of Ownership or Control--Any change in ownership or control of a career school or college, or a postsecondary educational institution, or an agreement to transfer control of such institution.(A) The ownership or control of a career school or college or postsecondary educational institution is considered to have changed:(i) in the case of ownership by an individual, when more than fifty (50) percent of the institution has been sold or transferred;(ii) in the case of ownership by a partnership or a corporation, when more than fifty (50) percent of the institution or of the owning partnership or corporation has been sold or transferred; or(iii) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the institution.(B) A change of ownership or control does not include a transfer that occurs as a result of the retirement or death of the owner if transfer is to a member of the owner's family who has been directly and constantly involved in the management of the institution for a minimum of two years preceding the transfer. For the purposes of this section, a member of the owner's family is a parent, sibling, spouse, or child; spouse's parent or sibling; or sibling's or child's spouse.(15) Cited--Any reference to an institution in a negative finding or action by an accrediting agency.(16) Classification of Instructional Programs (CIP) Code--The four (4) or six (6)-digit code assigned to an approved degree program in accordance with the CIP manual published by the U.S. Department of Education, National Center for Education Statistics. CIP codes define the authorized teaching field of the specified degree program, based upon the occupation(s) for which the program is designed to prepare its graduates.(17) Commissioner--The Commissioner of Higher Education.(18) Degree--Any title or designation, mark, abbreviation, appellation, or series of letters or words, including "associate," "bachelor's," "master's," "doctor's" and their equivalents and foreign cognates, which signify, purport to signify, or are generally taken to signify satisfactory completion of the requirements of all or part of a program of study which is generally regarded and accepted as an academic degree-level program by accrediting agencies recognized by the Board.(19) Educational or Training Establishment--An enterprise offering a course of instruction, education, or training that is not represented as being applicable to a degree.(20) Exempt Institution--A postsecondary educational institution that is fully accredited by and not operating under sanctions imposed by an agency recognized by the Board under §7.6 of this chapter (relating to Recognition of Accrediting Agencies), is defined as a "private or independent institution of higher education" under Texas Education Code, §61.003(15), a career school or college that applies for and is declared exempt under this chapter, an institution that has received approval by a state agency authorizing the institution's graduates to take a professional or vocational state licensing examination administered by that agency as described in Texas Education Code, §61.303(a), or an institution exempted by the Texas Workforce Commission under Texas Education Code, §132.002. Exempt institutions must comply with certain Board rules.(21) Experiential Learning--Process through which students develop knowledge, skills, and values from direct experiences outside an institution's classrooms. Experiential learning encompasses a variety of activities including, but not limited to, internships, externships, practicums, clinicals, field experience, or other professional work experiences. References to clinicals within this chapter encompasses all site-specific health professions experiential learning. Clinicals include site experiences for medical, nursing, allied health, and other health professions degree programs.(22) Fictitious Degree--A counterfeit or forged degree or a degree that has been revoked.(23) Fraudulent or Substandard Degree--A degree conferred by a person who, at the time the degree was conferred, was:(A) operating in this state in violation of this subchapter;(B) not eligible to receive a Certificate of Authority under this subchapter and was operating in another state in violation of a law regulating the conferral of degrees in that state or in the state in which the degree recipient was residing or without accreditation by a recognized accrediting agency, if the degree is not approved through the review process described by §7.12 of this chapter (relating to Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority); or(C) not eligible to receive a Certificate of Authority under this subchapter and was operating outside the United States, and whose degree the Board, through the review process described by §7.12 of this chapter, determines is not the equivalent of an accredited or authorized degree.(24) Out-of-State Public Postsecondary Institution--Any senior college, university, technical institute, junior or community college, or the equivalent which is controlled by a public body organized outside the boundaries of the state of Texas. For purposes of this chapter, out-of-state public institutions of higher education are considered postsecondary educational institutions.(25) Person--Any individual, firm, partnership, association, corporation, enterprise, postsecondary educational institution, other private entity, or any combination thereof.(26) Personally Identifiable Information--Information of a potential, current or former student, including name, address, telephone number, social security number, email address, date of birth, education records, or any other identifying number or information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.(27) Physical Presence--(A) While in Texas, a representative of the school or a person being paid by the school, who conducts an activity related to postsecondary education, including for the purposes of recruiting students (excluding the occasional participation in a college/career fair involving multiple institutions or other event similarly limited in scope in the state of Texas), teaching or proctoring courses including internships, clinicals, externships, practicums, and other similarly constructed educational activities (excluding those individuals that are involved in teaching courses in which there is no physical contact with Texas students or in which visiting students are enrolled), or grants certificates or degrees; and/or(B) The institution has any location within the state of Texas which would include any address, physical site, telephone number, or facsimile number within or originating from within the boundaries of the state of Texas. Advertising to Texas students, whether through print, billboard, internet, radio, television, or other medium alone does not constitute a physical presence.(28) Postsecondary Educational Institution--An educational institution which:(A) is not a public community college, public technical college, public senior college or university, medical or dental unit or other agency as defined in Texas Education Code, §61.003;(B) is incorporated under the laws of this state, or maintains a place of business in this state, or has an agent or representative present in this state, or solicits business in this state; and(C) furnishes or offers to furnish courses of instruction in person, by electronic media, by correspondence, or by some means or all leading to a degree; provides or offers to provide credits alleged to be applicable to a degree; or represents that credits earned or granted are collegiate in nature, including describing them as "college-level," or at the level of any protected academic term.(29) Private Postsecondary Educational Institution--An institution which:(A) is not an institution of higher education as defined by Texas Education Code, §61.003;(B) is incorporated under the laws of this state, maintains a place of business in this state, has an agent or representative presence in this state, or solicits business in this state; and(C) furnishes or offers to furnish courses of instruction in person, by electronic media, or by correspondence leading to a degree or providing credits alleged to be applied to a degree.(30) Professional Degree--A degree that is awarded for a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris Doctor (J.D.), and Bachelor of Laws (LL.B.) and their equivalents and foreign cognates.(31) Program or Program of Study--Any course or grouping of courses which are represented as entitling a student to a degree or to credits applicable to a degree.(32) Protected Term--The terms "college," "university," "school of medicine," "medical school," "health science center," "school of law," "law school," or "law center," its abbreviation, foreign cognate or equivalents.(33) Reciprocal State Exemption Agreement--An agreement entered into by the Board with an out-of-state state higher education agency or higher education system for the purpose of creating a reciprocal arrangement whereby that entity's institutions are exempted from the Board oversight for the purposes of distance education. In exchange, participating Texas public and private or independent institutions of higher education as defined in Texas Education Code, §61.003 and private postsecondary educational institutions as defined in Texas Education Code, §61.302(2) would be exempted from that state's oversight for the purposes of distance education.(34) Representative--A person who acts on behalf of an institution regulated under this subchapter. The term includes, without limitation, recruiters, agents, tutors, counselors, business agents, instructors, and any other instructional or support personnel.(35) Required State or National Licensure--The requirement for graduates of certain professional programs to obtain a license from state or national entities for entry-level practice.(36) Sanction--An action taken by an accrediting agency indicating that an institution is out of compliance with its accrediting agency's standards or criteria and may lose such accreditation if the institution does not take action to comply within a certain period of time. Sanctions include, but are not limited to, warnings, notations, probation, or loss of accreditation and equate to a violation of this chapter.(37) Single Point of Contact--An individual who is designated by an institution as the person responsible for receiving and conveying information between an institution and the Board or Board staff. The Board will direct all communications regarding an institution to the Single Point of Contact. Institutions must inform the Board of changes in the designated Single Point of Contact within 30 days of change.(38) Substantive Change--Any change in principal location, ownership, or governance of an institution, change in accrediting agency or final action by an accrediting agency changing such institution's status with such accrediting agency, including negative actions taken by the accrediting agency against an institution, change in degree- or credential-level for an approved program, addition of new programs, degrees or credentials offered, change of institution name, or change in United States Department of Education requirements for receipt of federal financial aid based on financial or accreditation status.(39) Visiting Student--A student pursuing a degree at an out-of-state institution (i.e., home institution) with no physical presence in Texas who has permission from the home institution and a Texas institution, which is either exempt from Board rules or currently in compliance with Board rules, to take specific courses at the Texas institution. The two institutions have an agreement that courses taken at the Texas institution will transfer back to the home institution.</content><note type="source"><p>Source Note: The provisions of this §7.3 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152; amended to be effective November 29, 2011, 36 TexReg 8012; amended to be effective May 29, 2012, 37 TexReg 3801; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective August 15, 2013, 38 TexReg 5070; amended to be effective November 24, 2013, 38 TexReg 8434; amended to be effective March 4, 2014, 39 TexReg 1363; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.4"><num value="7.4">§7.4</num><heading>Standards for Operation of Institutions</heading><content>All non-exempt postsecondary educational institutions that operate within the state of Texas are required to meet the following standards. These standards will be enforced through the Certificate of Authority process for institutions without Board-recognized accreditation. Standards addressing the same principles will be enforced by Board-recognized accrediting agencies under the Certificate of Authorization process. Particular attention will be paid to the institution's commitment to education, responsiveness to recommendations and suggestions for improvement, and, in the case of a renewal of a Certificate of Authority, record of improvement and progress. These standards represent generally accepted administrative and academic practices and principles of accredited postsecondary institutions in Texas. Such practices and principles are generally set forth by institutional and specialized accrediting bodies and the academic and professional organizations.(1) Legal Compliance. The institution shall be maintained and operated in compliance with all applicable ordinances and laws, including the rules and regulations adopted to administer those ordinances and laws. Postsecondary educational institutions shall demonstrate compliance with Texas Education Code, Chapter 132 by supplying either a copy of a Certificate of Approval to operate a career school or college or a Letter of Exemption from the Texas Workforce Commission.(2) Qualifications of Institutional Officers.(A) The character, education, and experience in higher education of governing board administrators, supervisors, counselors, agents, representatives, and other institutional officers shall reasonably ensure that the institution can maintain the standards of the Board and progress to accreditation within the time limits set by the Board.(B) The chief academic officer shall hold an earned advanced degree appropriate for the mission of the institution, preferably, an earned doctorate awarded by an institution accredited by a recognized accrediting agency, and shall demonstrate sound aptitude for and experience with curriculum development and assessment; accreditation standards and processes as well as all relevant state regulations; leadership and development of faculty, including the promotion of scholarship, research, service, academic freedom and responsibility, and tenure (where applicable); and the promotion of student success.(C) In the case of a renewal of a Certificate of Authority, the institutional officers also shall demonstrate a record of effective leadership in administering the institution.(3) Governance. The institution shall have a system of governance that facilitates the accomplishment of the institution's mission and purposes, supports institutional effectiveness and integrity, and protects the interests of its constituents, including students, faculty and staff. If the institution has a governing board consisting of at least three (3) members, and that board focuses on the accomplishment of the institution's mission and purposes, supports institutional effectiveness and integrity, and protects the interests of its constituents, this standard will be considered as met. In the absence of such a governing board, the burden to establish appropriate safeguards within its system of governance and to demonstrate their effectiveness falls upon the institution.(4) Distinction of Roles. The institution shall define the powers, duties and responsibilities of the governing body and the executive officers. There shall be a clear distinction in the roles and personnel of the chief business officer and the chief academic officer.(5) Financial Resources and Stability. The institution shall have adequate financial resources and financial stability to provide education of good quality and to be able to fulfill its commitments to students. The institution shall have sufficient reserves, line of credit, or surety instrument so that, together with tuition and fees, it would be able to complete its educational obligations for the current term to currently enrolled students if it were unable to admit any new students.(6) Financial Records. Financial records and reports of the institution shall be kept and made separate and distinct from those of any affiliated or sponsoring person or entity. Financial records and reports at a not-for-profit institution shall be kept in accordance with the guidelines of the National Association of College and University Business Officers as set forth in College and University Business Administration (Sixth Edition), or such later editions as may be published. An annual independent audit of all fiscal accounts of the educational institution shall be authorized by the governing board and shall be performed by a properly authorized certified public accountant.(7) Institutional Assessment. Continual and effective assessment, planning, and evaluation of all aspects of the institution shall be conducted to advance and improve the institution. These aspects include, but are not limited to, the academic program of teaching, research, and public service; administration; financial planning and control; student services; facilities and equipment, and auxiliary enterprises.(8) Program Evaluation.(A) The institution shall establish adequate procedures for planning and evaluation, define in measurable terms its expected educational results, and describe how those results will be achieved.(B) For all associate degree programs, the evaluation criteria shall include the following: mission, labor market need, curriculum, enrollment, graduates, student placement, follow-up results, ability to finance each program of study, facilities and equipment, instructional practices, student services, public and private linkages, qualifications of faculty and administrative personnel, and success of its students.(C) For applied associate degree programs relating to occupations where state or national licensure is required, graduates must pass the licensing examination at a rate acceptable to the related licensing agency.(D) Prior to establishing a new degree program, the institution shall evaluate the need for the proposed program of study through survey, research, or other means of measure. The capacity and ability of similar programs at public, private or independent institutions of higher education and private postsecondary educational institutions within Texas to meet market needs shall be considered.(9) Administrative Resources. The institution has the administrative capacity to meet the daily needs of the administration, faculty and students, including facilities, laboratories, equipment, technology and learning resources that support the institution's mission and programs.(10) Student Admission and Remediation.(A) Upon the admission of a student to any undergraduate program, the institution shall document the student's level of preparation to undertake college level work by obtaining proof of the student's high school graduation or General Educational Development (GED) certification. If a GED is presented, to be valid, the score must be at or above the passing level set by the Texas Education Agency. The academic skills of each entering student may be assessed with an instrument of the institution's choice. The institution may provide an effective program of remediation for students diagnosed with deficiencies in their preparation for collegiate study.(B) Upon the admission of a student to any graduate program, the institution shall document that the student is prepared to undertake graduate-level work by obtaining proof that the student holds a baccalaureate degree from an institution accredited by a recognized accrediting agency, or an institution holding a Certificate of Authority to offer baccalaureate degrees under the provisions of this chapter, or a degree from a foreign institution equivalent to a baccalaureate degree from an accredited institution. The procedures used by the institution for establishing the equivalency of a foreign degree shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Educational Credentials or its successor.(11) Faculty Qualifications. The character, education, and experience in higher education of the faculty shall be such as may reasonably ensure that the students will receive an education consistent with the objectives of the course or program of study.(A) Each faculty member, except as provided by subparagraph (E) of this paragraph, teaching in an academic associate, applied associate leading to required state or national licensure, or baccalaureate level degree program shall have at least a master's degree from an institution accredited by a recognized agency with at least eighteen (18) graduate semester credit hours in the discipline, or closely related discipline, being taught.(B) Each faculty member except, as provided by subparagraph (E) of this paragraph, teaching career and technical courses in an applied associate degree program, or career and technical courses that academic associate or baccalaureate students may choose to take, shall have at least an associate degree in the discipline being taught from an institution accredited by a recognized agency and or at least three (3) years of full-time direct or closely related experience in the discipline being taught.(C) Each faculty member, except as provided by subparagraph (E) of this paragraph, teaching general education courses in an applied associate degree program shall have at least a master's degree from an institution accredited by a recognized accrediting agency with at least eighteen (18) graduate semester credit hours in the discipline, or closely related discipline, being taught.(D) Except as provided by subparagraph (E) of this paragraph, graduate-level degree programs shall be taught by faculty holding doctorates, or other degrees generally recognized as the highest attainable in the discipline, or closely related discipline, awarded by institutions accredited by an agency recognized by the Board.(E) With the approval of a majority of the institution's governing board, an individual with exceptional experience in the field of appointment, which may include direct and relevant work experience, professional licensure and certification, honors and awards, continuous documented excellence in teaching, or other demonstrated competencies and achievements, may serve as a faculty member without the degree credentials specified in subparagraphs (A) - (D) of this paragraph. Such appointments shall be limited and the justification for each such appointment shall be fully documented. The Board may review the qualifications of the full complement of faculty providing instruction at the institution to verify that such appointments are justified.(12) Faculty Size. There shall be a sufficient number of faculty holding full-time teaching appointments that are accessible to the students to ensure continuity and stability of the education program, adequate educational association between students and faculty and among the faculty members, and adequate opportunity for proper preparation for instruction and professional growth by faculty members. At the associate and baccalaureate levels, there shall be at least one (1) full-time faculty member in each program. At the graduate level, there shall be at least two (2) full-time faculty members in each program.(13) Academic Freedom and Faculty Security. The institution shall adopt, adhere to, and distribute to all members of the faculty a statement of academic freedom assuring freedom in teaching, research, and publication. All policies and procedures concerning promotion, tenure, and non-renewal or termination of appointments, including for cause, shall be clearly stated and published in a faculty handbook, adhered to by the institution, and supplied to all faculty. The specific terms and conditions of employment of each faculty member shall be clearly described in a written document to be given to that faculty member, with a copy to be retained by the institution.(14) Curriculum.(A) The quality, content, and sequence of each course, curriculum, or program of instruction, training, or study shall be appropriate to the purpose of the institution and shall be such that the institution may reasonably and adequately achieve the stated objectives of the course or program. Each program shall adequately cover the breadth of knowledge of the discipline taught and coursework must build on the knowledge of previous courses to increase the rigor of instruction and the learning of students in the discipline. A majority of the courses in the areas of specialization required for each degree program shall be offered in organized classes by the institution. An institution may offer for-credit coursework that does not directly relate to approved programs, provided that it does not exceed twenty-five (25) percent of all courses.(B) Academic associate degrees must consist of at least sixty (60) semester credit hours and not more than sixty-six (66) semester credit hours or ninety (90) quarter credit hours and not more than ninety-nine (99) quarter credit hours. Applied associate degrees must consist of at least sixty (60) semester credit hours and not more than seventy-two (72) semester credit hours or ninety (90) quarter credit hours and not more than one hundred eight (108) quarter hours. A baccalaureate degree must consist of at least one hundred twenty (120) semester credit hours or one hundred eighty (180) quarter credit hours. A master's degree must consist of at least thirty (30) semester credit hours and not more than thirty-six (36) semester credit hours or forty-five (45) quarter credit hours and not more than fifty-four (54) quarter credit hours of graduate level work past the baccalaureate degree.(C) Courses designed to correct deficiencies, remedial courses for associate and baccalaureate programs, and leveling courses for graduate programs, shall not count toward requirements for completion of the degree.(D) The degree level, degree designation, and the designation of the major course of study shall be appropriate to the curriculum offered and shall be accurately listed on the student's diploma and transcript.(15) General Education.(A) Each academic associate degree program shall contain a general education component consisting of at least twenty (20) semester credit hours or thirty (30) quarter credit hours. Each applied associate degree program shall contain a general education component of at least fifteen (15) semester credit hours or twenty-three (23) quarter credit hours. Each baccalaureate degree program shall contain a general education component consisting of at least twenty-five (25) percent of the total hours required for graduation from the program.(B) This component shall be drawn from each of the following areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural Sciences and Mathematics. It shall include courses to develop skills in written and oral communication and basic computer instruction.(C) The applicant institution may arrange to have all or part of the general education component taught by another institution, provided that:(i) the applicant institution's faculty shall design the general education requirement;(ii) there shall be a written agreement between the institutions specifying the applicant institution's general education requirements and the manner in which they will be met by the providing institution; and(iii) the providing institution shall be accredited by a Board-recognized accrediting agency or hold a Certificate of Authority.(16) Credit for Work Completed Outside a Collegiate Setting.(A) An institution awarding collegiate credit for work completed outside a collegiate setting (outside a degree-granting institution accredited by a recognized agency) shall establish and adhere to a systematic method for evaluating that work, shall award credit only in course content which falls within the authorized degree programs of the institution or, if by evaluative examination, falls within the standards for awarding credit by exam used by public universities in Texas, in an appropriate manner shall relate the credit to the student's current educational goals, and shall subject the institution's process and procedures for evaluating work completed outside a collegiate setting to ongoing review and evaluation by the institution's teaching faculty. To these ends, recognized evaluative examinations such as the Advanced Placement program (AP) or the College Level Examination Program (CLEP) may be used.(B) No more than one half of the credit applied toward a student's associate or baccalaureate degree program may be based on work completed outside a collegiate setting. Those credits must be validated in the manner set forth in subparagraph (A) of this paragraph. No more than fifteen (15) semester credit hours or twenty-three (23) quarter credit hours of that credit may be awarded by means other than recognized evaluative examinations. No graduate credit for work completed outside a collegiate setting may be awarded. In no instance may credit be awarded for life experience per se or merely for years of service in a position or job.(17) Learning Resources. The institution shall maintain and ensure that students have access to learning resources with a collection of books, educational material and publications, on-line materials and other resources and with staff, services, equipment, and facilities that are adequate and appropriate for the purposes and enrollment of the institution. Learning resources shall be current, well distributed among fields in which the institution offers instructions, cataloged, logically organized, and readily located. The institution shall maintain a continuous plan for learning resources development and support, including objectives and selections of materials. Current and formal written agreements with other institutions or with other entities may be used. Institutions offering graduate work shall provide access to learning resources that include basic reference and bibliographic works and major journals in each discipline in which the graduate program is offered. Applied associate degree programs shall provide adequate and appropriate resources for completion of course work.(18) Facilities. The institution shall have adequate space, equipment, and instructional materials to provide education of good quality. Student housing owned, maintained, or approved by the institution, if any, shall be appropriate, safe, adequate, and in compliance with applicable state and local requirements.(19) Academic Records. Adequate records of each student's academic performance shall be securely and permanently maintained by the institution.(A) The records for each student shall contain:(i) student contact and identification information, including address and telephone number;(ii) records of admission documents, such as high school diploma or GED (if undergraduate) or undergraduate degree (if graduate);(iii) records of all courses attempted, including grade; completion status of the student, including the diploma, degree or award conferred to the student, designation of the major course of study; and(iv) any other information typically contained in academic records.(B) Two copies of said records shall be maintained in separate secure places. Records of students who are no longer enrolled at the institution for any reason, including graduation, must be maintained in accordance with §7.15 of this chapter (relating to Academic Records Maintenance, Protection, and Repository of Last Resort).(C) Students in good standing will be provided transcripts upon request, subject to the institution's obligation, if any, to cooperate with the rules and regulations governing state and federally guaranteed student loans.(20) Accurate and Fair Representation in Publications, Advertising, and Promotion.(A) Neither the institution nor its agents or other representatives shall engage in advertising, recruiting, sales, collection, financial credit, or other practices of any type which are false, deceptive, misleading, or unfair. Likewise, all publications, by any medium, shall accurately and fairly represent the institution, its programs, available resources, tuition and fees, and requirements.(B) The institution shall provide students, prospective students prior to enrollment, and other interested persons with a printed or electronically published catalog. Institutions relying on electronic catalogs must ensure the availability of archived editions in order to serve the needs of alumni and returning students. The catalog must contain, at minimum, the following information:(i) the institution's mission;(ii) a statement of admissions policies;(iii) information describing the purpose, length, and objectives of the program or programs offered by the institution;(iv) the schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study;(v) cancellation and refund policies;(vi) a definition of the unit of credit as it applies at the institution;(vii) an explanation of satisfactory progress as it applies at the institution, including an explanation of the grading or marking system;(viii) the institution's calendar, including the beginning and ending dates for each instructional term, holidays, and registration dates;(ix) a complete listing of each regularly employed faculty member showing name, area of assignment, rank, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;(x) a complete listing of each administrator showing name, title, area of assignment, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;(xi) a statement of legal control with the names of the trustees, directors, and officers of the corporation;(xii) a complete listing of all scholarships offered, if any;(xiii) a statement describing the nature and extent of available student services;(xiv) complete and clearly stated information about the transferability of credit to other postsecondary institutions including two-year and four-year colleges and universities;(xv) any such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein; and(xvi) any disclosures specified by the Board or defined in Board rules.(C) The institution shall adopt, publish, and adhere to a fair and equitable cancellation and refund policy.(D) The institution shall provide to each prospective student, newly-enrolled student, and returning student, complete and clearly presented information indicating the institution's current graduation rate by program and, if required by the Board, job placement rate by program for applied associate degree programs.(E) Any special requirements or limitations of program offerings for the students at the Texas location must be made explicit in writing. This may be accomplished by either a separate section in the catalog or a brochure separate from the catalog. However, if a brochure is produced, the student must also be given the regular catalog.(F) Upon satisfactory completion of the program of study, the student in good standing shall be given appropriate educational credentials indicating the degree level, degree designation, and the designation of the major course of study, and a transcript accurately listing the information typically found on such a document, subject to the institution's obligation, if any, to enforce with the rules and regulations governing state, and federally guaranteed student loans by temporarily withholding such credentials.(21) Academic Advising and Counseling. The institution shall provide an effective program of academic advising for all students enrolled. The program shall include orientation to the academic program, academic counseling, career information and planning, placement assistance, and testing services.(22) Student Rights and Responsibilities. The institution shall establish and adhere to a clear and fair policy regarding due process in disciplinary matters; outline the established grievance process of the institution, which shall indicate that students should follow this process and may contact the Board using the student complaint procedures established by Board rules Chapter 1, Subchapter H, §§1.110 - 1.120 of this title (relating to Student Complaint Procedure) and/or the Texas Attorney General to file a complaint about the institution if all other avenues have been exhausted, and publish these policies in a handbook, which shall include other rights and responsibilities of the students. This handbook shall be supplied in print or electronically to each student upon enrollment in the institution.(23) Health and Safety. The institution shall provide an effective program of health and safety education reflecting the needs of the students. The program shall include information on emergency and safety procedures at the institution, including appropriate responses to illness, accident, fire, and crime.(24) Learning Outcomes.(A) An institution must have an objective system of assessing learning outcomes in place for each part of the curriculum and the institution can demonstrate that appropriate learning outcomes are being achieved.(B) An institution may deviate, for a compelling academic reason, from Standard (12) relating to Faculty Size and Standard (16) relating to Credit for Work Completed Outside a Collegiate Setting, as long as academic objectives are fully met.</content><note type="source"><p>Source Note: The provisions of this §7.4 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.5"><num value="7.5">§7.5</num><heading>Administrative Injunctions, Limitations, and Penalties</heading><content>(a) A person or institution may not:(1) Granting of Degrees--Grant, award, or offer to award a degree on behalf of a nonexempt institution unless the institution has been issued a Certificate of Authority to grant the degree by the Board;(2) Transferability of Credit--Represent that credits earned or granted by that person or institution are applicable for credit toward a degree to be granted by some other person or institution unless the institution is operating under a Certificate of Authority or Certificate of Authorization and has written agreement(s) with the institution which will accept the credit in transfer;(3) Honorary Degrees--Award or offer to award an honorary degree on behalf of a private postsecondary institution subject to the provisions of this subchapter, unless the institution has been awarded a Certificate of Authority or Certificate of Authorization to award such a degree, or solicits another person to seek or accept an honorary degree and, further, unless the degree shall plainly state on its face that it is honorary;(4) Protected Terms--Use a protected term in the official name or title of a nonexempt private postsecondary institution, an educational or training establishment, or describe an institution using any of these terms or a term having a similar meaning, except as authorized by the Board, or solicit another person to seek a degree or to earn a credit that is offered by an institution or training establishment that is using a term in violation of this section;(5) Agent--Act as an agent who solicits students for enrollment in a private postsecondary institution subject to the provisions of this subchapter without a Certificate of Registration, if required by this chapter;(6) Fraudulent Degree--Use or claim to hold a degree that the person knows is a fraudulent, substandard, or is a fictitious degree:(A) in a written or oral advertisement or other promotion of a business; or(B) with the intent to:(i) obtain employment;(ii) obtain a license or certificate to practice a trade, profession, or occupation;(iii) obtain a promotion, compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;(iv) obtain admission to an educational program in this state; or(v) gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.(C) The use of fictitious, fraudulent, or substandard degrees--The Board shall provide the following information through the Board's Internet website:(i) the accreditation status or the status regarding authorization or approval under this subchapter, to the extent known by the Board, of each exempt institution operating in the state, each postsecondary educational institution or other person that is regulated under §§7.7 - 7.11 of this chapter or for which a determination is made under §7.12 of this chapter (relating to Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority), and any institution offering fraudulent, substandard, or fictitious degrees, including:(I) the name of each educational institution accredited, authorized, or approved to offer or grant degrees in this state;(II) the name of each educational institution whose degrees the Board has determined may not be legally used in this state;(III) the name of each educational institution that the Board has determined to be operating in this state in violation of this chapter; and(IV) any other information considered by the Commissioner to be useful to protect the public from fraudulent, substandard, or fictitious degrees.(ii) the Board shall utilize such usual and customary sources for determining the accreditation status of institutions, such as: guides to international education; the Board's knowledge of legal actions taken against institutions, either by an agency of the state of Texas or agencies of other states or nations; or civil actions against institutions brought by governmental agencies or individuals.(D) In determining the legitimacy of institutions headquartered or operating outside of Texas, the Board may determine if the state or nation in which the person or institution is headquartered, operates, or holds legal authorization to operate has standards and practices that are as rigorous as those of the Board's. A determination that a particular state or nation's standards or practices are not appropriately rigorous shall be sufficient reason to disapprove the use of the degrees of a person or institution.(b) Institutions Located on Federal Land in Texas--An institution that is operating on land in Texas over which the federal government has exclusive jurisdiction:(1) shall limit to the confines of the federal land and to the military or civilian employees and their dependents who work or live on that land:(A) the recruitment of students;(B) advertising of the postsecondary educational institution or its programs or courses; and(C) providing degree programs or courses leading to degrees.(2) shall be subject to compliance with all rules under this chapter when recruiting students, advertising the postsecondary institution or its programs or courses, or providing degree programs or courses leading to degrees on land over which the federal government does not have exclusive jurisdiction.(c) Associate of Occupational Studies (AOS) Degree- Texas has two career schools or colleges awarding the AOS degree: Universal Technical Institute and Western Technical College, and Golf Academy of America. The AOS degree shall be awarded in only the following fields: automotive mechanics, diesel mechanics, refrigeration, electronics, and business and golf complex operations and management. Each of the two Institutions may continue to award the AOS degree for those fields listed in this subsection and shall be restricted to those fields. The Board shall not consider new AOS degree programs from any other career schools or colleges. A career school or college authorized to grant the AOS degree shall not represent such degree by using the terms "associate" or "associate's" without including the words "occupational studies." An institution authorized to grant the AOS degree shall not represent such degree as being the equivalent of the AAS or AAA degrees.(d) Offenses--A violation of this subsection may constitute a violation of the Texas Penal Code, §32.52, or Texas Education Code §§61.312, 61.313. An offense under subsection (a)(1) - (5) of this section may be a Class A misdemeanor and an offense under subsection (a)(6) of this section may be a Class B misdemeanor.(e) Administrative Penalties--If a person or institution violates a provision of this subchapter, the Commissioner may assess an administrative penalty against the person or institution as provided in this section.(f) Notice of Violation--The Commissioner shall send written notice by certified mail to the person or institution charged with the violation. The notice shall state the facts on which the penalty is based, the amount of the penalty assessed, and the right of the person or institution to request a hearing.(g) Appeal of Assessment--The Commissioner's assessment shall become final and binding unless, within forty-five (45) days of receipt of the notice of assessment, the person or institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).(h) Collection of Assessment--If the person or institution does not pay the amount of the penalty within thirty (30) days of the date on which the assessment becomes final, the Commissioner may refer the matter to the attorney general for collection of the penalty, plus court costs and attorney fees.(i) Specific Administrative Penalty--Any person or institution that is neither exempt nor the holder of a Certificate of Authority to grant degrees, shall be assessed an administrative penalty of not less than $1,000 or more than $5,000 for, either individually or through an agent or representative:(1) conferring or offering to confer a degree;(2) awarding or offering to award credits purported to be applicable toward a degree to be awarded by another person or institution (except under conditions and in a manner specified and approved by the Board);(3) representing that any credits offered are collegiate in nature subject to the provisions of this subchapter; and(4) with regard to assessment of such specific administrative penalties, each degree conferred without authority, and each person enrolled in a course or courses at the institution whose decision to enroll was influenced by the misrepresentations, constitutes a separate offense.(j) Other Administrative Penalties-(1) Any person or institution that violates subsection (a)(4) of this section shall be assessed an administrative penalty of not less than $1,000 or more than $3,000.(2) Any person or institution that fails to maintain in a manner specified by the Board in §7.15 of this chapter (relating to Academic Records Maintenance, Protection, and Repository of Last Resort) the academic records of enrolled or former students, including records of credits and degrees awarded, or that fails to protect the personally identifiable information of enrolled or former students shall be assessed an administrative penalty of not less than $100 or more than $500 for each student whose academic record was not maintained or whose personally identifiable information was not protected.(k) Specific Administrative Penalties for Agents--Any agent who solicits students for enrollment in an institution subject to the provisions of this subchapter without a Certificate of Registration shall be assessed an administrative penalty of not less than $500 or more than $1,000. Each student solicited without authority constitutes a separate offense.(l) Termination of Operation--Any operations which are found to be in violation of the law shall be terminated.(m) Report to Attorney General--The Commissioner may report possible violations of this subchapter to the attorney general. The attorney general, after investigation and consultation with the Board, shall bring suit to enjoin further violations.(n) Venue--An action for an injunction under this section shall be brought in a district court in Travis County.(o) Civil Penalties--A person who violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty in addition to any injunctive relief or any other remedy allowed by law. A civil penalty may not exceed $1,000 a day for each violation.(p) Civil Litigation--The attorney general, at the request of the Board, shall bring a civil action to collect a civil penalty under this section.(q) Deceptive Trade Practice Act--A person who violates this subchapter commits a false, misleading, or deceptive act or practice within the meaning of the Texas Business and Commerce Code, §17.46.(r) Applicability of Other Law--A public or private right or remedy under the Texas Business and Commerce Code, Chapter 17, may be used to enforce this section.</content><note type="source"><p>Source Note: The provisions of this §7.5 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.6"><num value="7.6">§7.6</num><heading>Recognition of Accrediting Agencies</heading><content>(a) Eligibility Criteria--The Board may recognize accrediting agencies with a commitment to academic quality and student achievement that demonstrate, through an application process, compliance with the following criteria:(1) Eligibility. The accrediting agency's application for recognition must demonstrate that the entity:(A) Is recognized by the Secretary of Education of the United States Department of Education as an accrediting agency authorized to accredit educational institutions that offer the associate degree or higher. Demonstration of authorization shall include clear description of the scope of recognized accreditation.(B) Is applying for the same scope of recognition as that for which it is recognized by the Secretary of Education of the United States Department of Education:(i) Using the U.S. Department of Education classification of instructional programs (CIP) code at the two-digit level, the applicant shall identify all fields of study in which institutions it accredits may offer degree programs.(ii) Accrediting agencies shall, for each field of study in which an accredited institution may offer degree programs, specify the levels of degrees that may be awarded. Levels must be differentiated at least to the following, as defined in §7.3 of this chapter (relating to Definitions): applied associate degree, academic associate degree, baccalaureate degree, master's degree, first professional degree and doctoral degree. Associate of occupational studies (AOS) degrees are only allowed under §7.5(c) of this chapter (relating to Administrative Injunctions, Limitations, and Penalties).(iii) Only institutions that qualify as eligible for United States Department of Education Title IV programs as a result of accreditation by the applicant agency will be considered exempt under §7.7 of this chapter (relating to Institutions Accredited by Board-Recognized Accreditors).(C) Accredits institutions that have legal authority to confer postsecondary degrees as its primary activity:(i) Accrediting agencies must identify all institutions accredited by the agency that either the majority of the accredited institutions have the legal authority to award postsecondary degrees or that it accredits at least fifty (50) institutions that have the legal authority to award postsecondary degrees.(ii) An accrediting agency that accredits programs as well as institutions shall demonstrate that either it accredits more institutions than programs or that it has policies, procedures and staff sufficient to address institutional standards of quality in addition to program standards of quality.(iii) Accrediting agencies must have standards that require all accredited institutions to comply with all applicable laws in the state and local jurisdiction in which they operate and that require accredited institutions to clearly and accurately communicate their accreditation status to the public.(D) Requires an on-site review by a visiting team as part of initial and continuing accreditation of educational institutions:(i) Each accrediting agency shall demonstrate, through its documented practices and/or its official policies, that it requires no fewer than three (3) members on a team when conducting initial and continuing accreditation visits, that none have a monetary or personal interest in the findings of the on-site review, that all have professional experience and knowledge that qualifies them to review the institution's compliance with the standards of the agency, and that the combined team experience and knowledge are sufficient to review all applicable standards of the agency.(ii) Accrediting agencies may conduct site visits for reasons other than initial and continuing accreditation with fewer team members.(iii) Accrediting agencies shall provide a list of the visiting team members for the five (5) most recently completed on-site reviews. The list shall show name, employer, title of positions held with that employer and the standards for which the individual was responsible in that on-site review.(E) Has policies or procedures that ensure the entity will promptly respond to requests for information from the Board:(i) Each accrediting agency shall provide the Board its official policy regarding disclosure of information about institutions that are or have been candidates for accreditation and are or have been accredited. Agencies shall provide to the Board, within ten (10) working days, any new information and any requested information about a Texas institution that would be available to the public under that official policy.(ii) Each accrediting agency shall include in its standards for accreditation of Texas institutions that the institutions disclose publicly and to the Board the number of degrees awarded at each level each year and the number of students enrolled in the fall of each year.(F) Has sufficient resources to carry out its functions:(i) Accrediting agencies shall identify the number of on-site reviews conducted during the most recent twelve (12) month period, the number of staff members who participated in those on-site reviews and the maximum number of on-site reviews conducted by any individual staff member. If that maximum number exceeds thirty (30), the agency shall explain how it expects to carry out its function of enforcing its standards on Texas institutions.(ii) Each accrediting agency shall provide evidence that its ratio of current assets to current liabilities equals or exceeds 1.2.(iii) Each accrediting agency shall demonstrate that its fees are reasonable for the accreditation services provided.(2) Recognition--To receive and maintain recognition from the Board, the accrediting agency must, in addition to the items listed in paragraph (1) of this subsection:(A) Provide the Board with current standards used by the entity in initial and ongoing accreditation reviews of educational institutions and invite the Board to participate in such reviews:(i) Accrediting agencies must have publicly disclosed standards that address at a minimum the following issues: student achievement in relation to the institution's mission; curricula; faculty; facilities, equipment and supplies; fiscal and administrative capacity; student support services; recruiting and admissions practices; academic calendars; catalogs; grading; measures of program length; objectives of the degrees or credentials offered; record of student complaints received by or available to the agency; management and financial control.(ii) In the application process, the accrediting agency must indicate how its standards address each of the quality assessment categories outlined in clause (i) of this subparagraph which represent the underlying principles described in the institutional standards of §7.4 of this chapter (relating to Standards for Operations of Institutions). Comparison of its standards with the standards in §7.4 of this chapter is required as a means of indicating how its standards meet those principles.(iii) Each accrediting agency shall provide its policy for periodic reviews of institutions under its accreditation. At a minimum, the accrediting agency must conduct on-site reviews at least every ten (10) years.(iv) At least ten (10) working days before each scheduled periodic on-site review of a Texas institution, accrediting agencies shall invite the Board staff to participate in the review. Such participation shall be at no expense to the institution or the accrediting agency.(v) Within ten (10) working days of an official change in standards, the agency shall notify the Board of those changes.(vi) By providing a copy of its publicly disclosed policies and procedures, each accrediting agency shall demonstrate that its initial and ongoing reviews and the resultant accreditation decisions are fair and consistent with the available evidence.(vii) Accrediting agencies that use an advisory body, similar to the Certification Advisory Council described in §7.8 of this chapter (relating to Institutions Not Accredited by a Board-Recognized Accreditor), shall describe the advisory body's composition and authority. Accrediting agencies that do not use such a body shall describe the process used to ensure that the evidence obtained from reviews results in appropriate accreditation decisions.(viii) The initial and ongoing reviews shall include an institutional self-evaluation process or a documented alternative process to promote continuous quality improvement.(ix) Each accrediting agency shall have and publicly disclose its processes for appealing accreditation decisions.(B) Provide the Board with written evidence of continuing recognition by the Secretary of Education of the United States Department of Education. Loss of recognition from the Secretary automatically results in loss of Board recognition at the same time. Written evidence may consist of a letter from the chief executive officer of the accrediting agency. Accrediting agencies shall submit the evidence upon notice of continued recognition or upon a change in recognition status, scope or level;(C) Provide a list of Texas educational institutions accredited by it; notify the Board in writing of any change to its list of Texas accredited institutions within ten (10) days of the change;(D) Notify the Board of any investigated complaints concerning a Texas institution where the accrediting agency took official action on issues of non-compliance and the disposition of those complaints;(E) Seek Board approval for any expansion of its recognized scope of accreditation authority; and(F) Demonstrate that the ownership and control of the accrediting agency is sufficiently independent to ensure that the accreditation process is conducted in the public interest.(G) Each time the accrediting agency applies for continued recognition by the Secretary of Education of the United States Department of Education, the accrediting agency must apply for continued recognition by the Coordinating Board. Applications forms will be provided by Board staff. Application for continued recognition must, at a minimum, contain all information required for initial eligibility and recognition by the Coordinating Board under this rule.(b) Other Information, Denial or Withdrawal of Recognition and Appeals.(1) Once recognized, an accrediting agency retains that recognition unless and until the Board withdraws the recognition. Failure to comply with any of the requirements in this chapter, including failure to comply with information requests during periodic reviews, will be grounds for the Board to consider withdrawing recognition.(2) Each accrediting agency shall provide its policy for periodic reviews. Periodic review shall be conducted at the time an accrediting agency applies for continued recognition by the Secretary of the United States Department of Education. The Coordinating Board reserves the right to request and review current policies at other times for good cause, including, but not limited to, student complaints, accredited institution complaints, or concerns raised by the United States Department of Education or other state or federal agencies.(3) The Board may use information provided by parties other than the accrediting agency to assess the accrediting agency's commitment to academic quality and student achievement. The Board will consider any such information in an open, public meeting during which the accrediting agency may challenge the information.(4) The Board will make any decision to deny recognition of an accrediting agency or to withdraw recognition from an accrediting agency in a public meeting.(5) An institution operating in Texas as an exempt institution pursuant to §7.7 of this chapter when its recognized accrediting agency loses or voluntarily relinquishes its recognition will have a provisional time period set by the Board, or Board staff as delegated, within which the institution may continue to operate pursuant to the requirements in §7.7(2) and (3) of this chapter.(6) An accrediting agency or institution affected by any final decision under this subchapter may appeal that decision as provided in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).</content><note type="source"><p>Source Note: The provisions of this §7.6 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective March 2, 2020, 45 TexReg 1395.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.7"><num value="7.7">§7.7</num><heading>Institutions Accredited by Board-Recognized Accreditors</heading><content>An institution which does not meet the definition of an institution of higher education contained in Texas Education Code §61.003, is accredited by a Board-recognized accreditor, and is interested in offering degrees or courses leading to degrees in the State of Texas is subject to the restriction on professional degrees in paragraph (1) of this section and must follow the requirements in paragraphs (2) - (5) of this section.(1) Restriction on Professional Degrees. The Board may not approve the issuance of a Certificate of Authorization for an exempt institution to grant a professional degree, as defined in §7.3 of this title (relating to Definitions), or to represent that credits earned in this state are applicable toward a professional degree except to the extent allowed for an authorized institution operating under a State Authorization Reciprocity Agreement (SARA).(2) Authorization to Offer Degrees or Courses Leading to Degrees in Texas.(A) Each institution and/or campus location must submit an application for a Certificate of Authorization to offer degree(s) or courses leading to degrees in Texas. The application form for the Certificate of Authorization may be found on the Board's website. The application must contain the following information:(i) Name of the institution;(ii) Physical location of campus, or in the case of only providing clinicals or internships in Texas, the physical location of all clinical or internship sites, number of students in clinicals or internships and start and end date of clinicals or internships;(iii) Name and contact information of the Chief Administrative Officer of the campus and name and contact information of the designated Single Point of Contact as defined in §7.3 of this chapter (relating to Definitions). In the case of an application based on clinicals or internships, name and contact information of clinical or internship site supervisors;(iv) Name of Board-recognized accreditor;(v) Level of degree, degree program name, and CIP code as authorized by the Board-recognized accreditor;(vi) Documentation of notification to students and potential students of any program which does not make the graduate eligible to take required professional examinations in that field or to practice regulated professions in that field in Texas;(vii) Dates of accreditation granted by the Board-recognized accreditor.(I) If the institution or a location in Texas is currently subject to a negative or adverse action by its Board-recognized accreditor which has not resulted in a sanction, the institution must provide documentation explaining the reasons for the action and actions taken to reverse the negative or adverse action.(II) If the institution or a location in Texas is currently subject to a sanction by its Board-recognized accreditor, the institution must provide documentation explaining the reasons for the action and actions taken to comply with the accrediting agency's standards or criteria, including a timeline for returning to compliance, in order to maintain accreditation.(III) If the institution applies based on accreditation of its main campus while seeking final approval for the new Texas-based campus from its Board-recognized accreditor and the Texas Workforce Commission, the institution must provide documentation from its accreditor acknowledging that a decision on campus accreditation can be made within fifteen (15) months of the issuance of a provisional Certificate of Authorization.(viii) Acknowledgement of student complaint procedure, compliance with the institutional accrediting agency's standards for operation of institutions, annual review reporting requirements, substantive change notification, and student data reporting requirements contained in this section, §§1.110 - 1.120 of this title (relating to Student Complaint Procedure), §7.4 of this chapter (relating to Standards for Operation of Institutions), §7.11 of this chapter (relating to Changes of Ownership and Other Substantive Changes), and §7.13 of this chapter (relating to Student Data Reporting), respectively;(ix) Texas Workforce Commission Certificate of Approval or a Texas Workforce Commission exemption or exclusion from Texas Education Code, Chapter 132;(x) Disclosure of most recent United States Department of Education financial responsibility composite score, including applicable academic year for score. If the institution has a score under 1.5, the institution must provide documentation of all actions taken since date of calculation to raise the score.(xi) Documentation of reserves, lines of credit, or surety instruments that, when combined with tuition and fee receipts, are sufficient to allow the institution to fulfill its educational obligations for the current term to its enrolled students if the institution is unable to continue to provide instruction to its enrolled students for any reason. Such documentation must meet requirements as defined in §7.16 of this subchapter (relating to Financial Protections for Student Tuition and Fees).(B) Board staff will verify information and accreditation status. Upon determination that an institution is in good standing with its Board recognized accreditor, has sufficient financial resources, and, if applicable, has provided sufficient documentation of correcting accreditation or financial issues, Board staff will provide a Certificate of Authorization to offer in Texas those degrees or courses leading to degrees for which it is accredited. If an institution is only providing clinicals or internships in the state of Texas, a Certificate of Authorization will be issued for the institution to offer in the state of Texas identified clinicals or internships in connection with those degrees or courses leading to degrees for which the institution is accredited. The Certificate of Authorization will be issued to the institution by name, city and state.(C) Certificates of Authorization are subject to annual review for continued compliance with the Board-recognized accreditor's standards of operation, student complaint processes, financial viability, and accurate and fair representation in publications, advertising, and promotion.(i) Institutions must submit the following documentation on an annual basis for Board staff review and recommendation to the Board for continuation or revocation of the Certificate of Authorization:(I) Annual audited financial statements, issued less than one year from time of submission, prepared in accordance with Generally Accepted Accounting Principles by an independent certified public accountant;(II) Documentation of reserves, lines of credit, or surety instruments that, when combined with tuition and fee receipts, are sufficient to allow the institution to fulfill its educational obligations for the current term to its enrolled students if the institution is unable to continue to provide instruction to its enrolled students for any reason. Institutions under a Certificate of Authorization as of September 1, 2017 are required to provide documentation of reserves, lines of credit, or surety instruments going forward with the 2019 annual compliance review.(III) Certification that the institution is providing accurate and fair representation in publications, advertising, and promotion, including disclosure to students and potential students of any program which does not make the graduate eligible to take required professional examinations in that field or to practice regulated professions in that field in Texas. The institution shall further certify that it is maintaining any advertising used in Texas for a minimum of five years and shall make any such advertisements available to the Board for inspection upon request.(IV) An annotated copy of the student catalog or student handbook showing compliance with the principles addressed in §7.4 of this chapter with cross-reference to the operational standards of its institutional accrediting agency;(V) A copy of the institution's student complaint policy, links to online student complaint procedures and forms, and summary of all complaints made by Texas residents or students enrolled at a Texas-based institution concerning the institution in accordance with §§1.110 - 1.120 of this title. The complaint summary shall include complaints which have been filed, with the institution, its accrediting agency, or the Board within the 12 months prior to the annual review reporting date and shall indicate whether pending or resolved;(VI) Official statement of current accreditation status and any pending or final actions that change the institution's accreditation status from the institution's Board-recognized accreditor, including changes in degree levels or programs offered approvals, changes in ownership or management, changes in name, and changes in physical location within the 12 months prior to the annual review reporting date;(VII) Information regarding heightened cash monitoring or other changes that affect students' federal financial aid eligibility through the US Department of Education;(VIII) Attestation that all documentation submitted is true and correct and continued acknowledgement of student complaint procedure, annual review reporting requirements, substantive change notification, and student data reporting requirements contained herein this section, §§1.110 - 1.120 of this title, §§7.4, 7.11, 7.13, and 7.15 of this chapter, respectively.(ii) Annual reviews are conducted based on an institution's name and initial date of authorization.(I) Institutions with names starting with "A" through "O" must submit annual review documentation by January 15 of each year. The Board will review staff recommendations at the annual July Board meeting.(II) Institutions with names starting with "P" through "Z" must submit annual review documentation by July 15 of each year. The Board will review staff recommendations at the annual January Board meeting.(III) Institutions that have received their first Certificate of Authorization less than six months from the due date for submission of annual review documentation may wait to submit documentation until the following annual review submission date.(iii) Prior to making a recommendation to the Board, staff has discretion to conduct a site visit at the institution if warranted by facts disclosed in the annual review documentation. The Board-recognized accreditor will be notified and invited to participate.(D) Certificates of Authorization for institutions offering degrees or courses leading to degrees at a physical location in Texas, upon Board staff recommendation after annual review, expire at the end of the grant of accreditation by the Board-recognized accreditor.(i) If a new grant of accreditation is awarded by the Board-recognized accreditor, the Certificate of Authorization may be renewed upon submission of documentation of the new grant of accreditation.(ii) If an institution changes recognized accreditors, the institution must submit a new application for a Certificate of Authorization.(E) Certificates of Authorizations based solely on providing clinicals or internships in Texas expire one year from date of issuance.(i) If clinicals or internships are ongoing in Texas, the Certificate of Authorization based solely on providing clinicals or internships in Texas must be renewed on an annual basis. At least thirty (30) days, but no more than ninety (90) days, prior to the expiration of the current Certification of Authorization, an institution, if it desires renewal, is required to provide updated information regarding the physical location of all clinical or internship sites, number of students in clinicals or internships, and the start and end date of the clinicals or internships.(ii) The Board shall renew the Certificate of Authorization based solely on providing clinicals or internships in Texas if it finds that the institution has maintained all requisite standards.(F) Certificates of Authorization for Texas-based campuses which are provisionally-granted based on their main campus' accreditation expire at the end of fifteen (15) months.(i) If accreditation has not been achieved by the expiration date, the provisionally-granted Certificate of Authorization will be withdrawn, the institution's authorization to offer degrees will be terminated, and the institution will be required to comply with the provisions of §7.8 of this chapter (relating to Institutions Not Accredited by a Board-Recognized Accreditor).(ii) Subsequent provisionally-granted Certificates of Authorization will not be issued.(iii) At least ninety (90) days prior to expiration of the certificate, institutions operating under a provisionally-granted Certificate of Authorization must submit either an application for a Certificate of Authorization under this section or an application for a Certificate of Authority under §7.8 of this chapter.(G) Institutions under an existing Certificate of Authorization must immediately notify the Board if the institution or its main campus becomes subject to a sanction by its Board-recognized accreditor. The institution must provide documentation explaining its current status and actions taken to comply with the accrediting agency's standards or criteria, including a timeline for returning to compliance, in order to maintain accreditation.(3) Restrictions Placed on Institution under Sanctions by Its Accreditor.(A) If an institution is under sanctions by its accreditor, limitations appropriate for the sanction shall be placed upon the institution's Certificate of Authorization. Limitations may include, but are not limited to:(i) Restrictions on adding degree programs to its authorization;(ii) An increase in the amount of financial reserves, lines of credit or surety instrument required to maintain a Certificate of Authorization; and(iii) Review every six months, including unannounced site visits.(B) The Board will notify the institution via letter of all restrictions placed upon its Certificate of Authorization due to its accreditors' sanctions.(C) The Board will place a notice of all sanctions placed upon an institution via the Board's website.(D) Restrictions and public notification will be removed upon written documentation from the institution's accreditor that all sanctions have ended.(4) Grounds for Revocation of any Certificate of Authorization.(A) Institution no longer holds a Certificate of Approval or Letter of Exemption issued by the Texas Workforce Commission.(B) Institution loses accreditation from Board-recognized accreditor.(C) Institution's Accreditor is removed from the U.S. Department of Education or the Board's list of approved accreditors.(i) If the institution's Certificate of Authorization is revoked due to its accrediting agency's removal from the U.S. Department of Education and/or the Board's list of approved accreditors, the Board, or Board staff as delegated, shall set a provisional time period within which institutions may continue to operate, not to exceed any provisional time period set by the United States Department of Education.(ii) If the institution's Certificate of Authorization is revoked due to its accrediting agency's removal from the U.S. Department of Education or the Board's list of approved accreditors, a request to extend its Certificate of Authorization for the provisional time period set under paragraph (3)(C)(i) of this section, must be submitted to the Commissioner within ten (10) days of publication, by either the U.S. Department of Education or the Board, of such revocation.(D) Institution fails to comply with data reporting, substantive change notification requirements, or annual review reporting requirements.(E) Board staff recommends revocation based on deficiencies in compliance with the principles addressed in §7.4 of this chapter as evidenced by lack of compliance with the Board-recognized accreditor's standards, which are found in annual review documentation and not corrected by the institution upon request by Board staff.(F) Institution offers degrees for which it does not have accreditor approval.(5) Process for Removal of Authorization.(A) Commissioner notifies institution of grounds for revocation as outlined in paragraph (3) of this section unless paragraph (3)(C) of this section applies and the Board sets a provisional time period for compliance.(B) Upon receipt of the notice of revocation, the institution shall not enroll new students and may only grant or award degrees or offer courses leading to degrees in Texas to students enrolled on the date of notice of revocation until it has either been granted a Certificate of Authority to grant degrees, or has received a determination that it did not lose its qualification for a Certificate of Authorization.(C) Within ten (10) days of its receipt of the Commissioner's notice, the institution must provide, as directed by Board staff, one or more of the following:(i) proof of its continued qualification for the exemption; or(ii) submit data as required by §7.13 of this chapter; or(iii) a plan to correct any non-compliance or deficiencies which lead to revocation; or(iv) a plan to seek new Board-recognized accreditation; or(v) written intention to apply for a Certificate of Authority within 60 days of the notice of revocation; or(vi) a written teach-out plan, which must be approved by Board staff before implementation.(D) After reviewing the evidence, the Commissioner will issue a notice of determination, which in the case of an adverse determination, shall contain information regarding the reasons for the denial, and the institution's right to a hearing.(E) If a determination under this section is adverse to an institution, it shall become final and binding unless, within forty-five (45) days of its receipt of the adverse determination, the institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).(F) If a determination allows the institution to continue operating, a new Certificate of Authorization will be provisionally-granted. Provisions for continued operation under the new Certificate of Authorization may include, but are not limited to:(i) requirements to provide updates to Board staff on a monthly basis;(ii) continued progress toward full compliance with all Board rules and requirements;(iii) continued progress toward new Board-recognized accreditation, if applicable, or toward approval for a Certificate of Authority; and(iv) other requirements imposed by the Board.(G) Certificates of Authorization which are provisionally-granted after a notice of revocation continue only as long as the institution complies with all such provisions.(6) Closure of an Institution.(A) The governing board, owner, or chief executive officer of an institution that plans to cease operation shall provide the Board with written notification of intent to close at least ninety (90) days prior to the planned closing date.(B) If an institution closes unexpectedly, the governing board, owner, or chief executive officer of the school shall provide the Board with written notification immediately.(C) If an institution closes or intends to close before all currently enrolled students have completed all requirements for graduation, the institution shall assure the continuity of students' education by entering into a teach-out agreement with another institution authorized by the Board to hold a Certificate of Authority, with an institution operating under a Certificate of Authorization, or with a public or private institution of higher education as defined in Texas Education Code §61.003. The agreement shall be in writing, shall be subject to Board approval, shall contain provisions for student transfer, and shall specify the conditions for completion of degree requirements at the teach-out institution. The agreement shall also contain provisions for awarding degrees.(D) The Certificate of Authorization for an institution is automatically withdrawn when the institution closes. The Commissioner may grant to an institution that has a degree-granting authority temporary approval to award a degree(s) in a program for which the institution does not have approval in order to facilitate a formal agreement as outlined under this section.(E) The curriculum and delivery shall be appropriate to accommodate the remaining students.(F) No new students shall be allowed to enter the transferred degree program unless the new entity seeks and receives permanent approval for the program(s) from the Board.(G) The institution shall transfer all academic records pursuant to §7.15 of this chapter (relating to Academic Records Maintenance, Protection, and Repository of Last Resort).(H) The Coordinating Board has delegated its authority to approve institution closure arrangements and agreements to the Assistant Commissioner with oversight of the closing institution.</content><note type="source"><p>Source Note: The provisions of this §7.7 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152; amended to be effective November 29, 2010, 35 TexReg 10497; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective August 15, 2013, 38 TexReg 5070; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395; amended to be effective November 11, 2021, 46 TexReg 7600.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.8"><num value="7.8">§7.8</num><heading>Institutions Not Accredited by a Board-Recognized Accreditor</heading><content>An institution which is not accredited by a Board-recognized accreditor and which does not meet the definition of institution of higher education contained in Texas Education Code, §61.003, must follow the Certificate of Authority process in paragraphs (1) - (9) of this section in order to offer degrees or courses leading to degrees in the state of Texas. Institutions are encouraged to contact the Board staff before filing a formal application.(1) Certificate of Authority Eligibility.(A) The Board will accept applications for a Certificate of Authority only from those applicants:(i) proposing to offer a degree or credit courses leading to a degree; and(ii) which meet one of the following conditions:(I) has been legally operating, enrolling students, and conducting classes in Texas and has complied with state law as either a non-degree-granting institution or an exempt institution only offering degrees in religious disciplines for a minimum of two (2) years;(II) has been legally operating, enrolling students, and conducting classes in Texas and has complied with state law as a degree-granting institution and seeks to open a new campus;(III) has been legally operating as a degree-granting institution in another state for a minimum of four (4) years and can verify compliance with all applicable laws and rules in that state; or(IV) does not meet one of the three previous operational history conditions, but meets additional application and review requirements for its initial application, and agrees to meet additional conditions, restrictions, or reporting requirements during its first two years of operation under a Certificate of Authority. The Certificate of Authority will be issued with written, specific conditions, restrictions, or reporting requirements placed upon the institution.(B) To be considered by the Board as operating, means to have assembled a governing board, developed policies, materials, and resources sufficient to satisfy the requirements for a Certificate of Authority, and either have enrolled students and conducted classes or accumulated sufficient financing to do so for at least one year upon certification based on reasonable estimates of projected enrollment and costs. Sufficient financing may be demonstrated by proof of an adequate surety instrument meeting requirements as defined in §7.16 of this subchapter (relating to Financial Protections for Student Tuition and Fees), including but not limited to, a surety bond, an assignment of a savings or escrow account, certificate of deposit, irrevocable letter of credit, or a properly executed participation contract with a private association, partnership, corporation, or other entity whose membership is comprised of postsecondary institutions.(2) Certificate of Authority Restrictions for Professional Degrees.(A) The Board may not issue a Certificate of Authority for a private postsecondary institution to grant a professional degree, as defined in §7.3 of this title (relating to Definitions), or to represent that credits earned in this state are applicable toward a degree unless the Board determines there is evidence of program need and institutional ability, including but not limited to the following:(i) capacity and ability of similar professional degree programs at institutions of higher education and private or independent institutions of higher education are insufficient to meet the state's current market needs;(ii) the institution seeking the certificate of authority:(I) has the necessary faculty and other resources to ensure student success; and(II) is subject to and agrees to meet the same standards for approval and all academic criteria applicable to similar professional degree programs offered by institutions of higher education and private or independent institutions of higher education (as defined under Texas Education Code, §61.003).(iii) sufficient placements are available to students for required field-based experience, such as clinicals or clerkships, for the proposed professional degree.(B) The Board may not issue a Certificate of Authority for a private postsecondary institution to grant a professional degree or to represent that credits earned in this state are applicable toward a degree if the institution is chartered in a foreign country or has its principal office or primary educational program in a foreign country.(3) Certificate of Authority Application Submission and Requirements.(A) An applicant must submit an application to the Board to be considered for a Certificate of Authority to offer identified proposed degree(s), and courses which may be applicable toward a degree, in Texas.(i) Applications must be submitted as an original and a copy in an electronic format as specified by Board staff, and accompanied by the application fee described in paragraph (3) of this section.(ii) A single desk review of the application will be conducted to determine completeness and readiness for a site team visit.(iii) The desk review may be done, in consultation with Board staff, by a reviewer who will act as the site review team leader if the application is deemed complete and ready for a site team visit.(iv) The desk reviewer, in consultation with Board staff, may make three possible recommendations. Board staff will make a final determination on acceptability of the application based on one of the three recommendations:(I) The application is determined to be foundationally incomplete in one or more Standards for Operation of Institutions as described in §7.4 of this chapter and not ready for submission. A foundationally incomplete application is one where the Standards for Operation of Institutions have not been met to such a degree that the institution is unlikely to be sustainable or operational.(II) The application may be resubmitted after incorporating revisions or additions suggested by the reviewer. The revisions or additions must allow the application to meet all Standards for Operation of Institutions.(III) The application is acceptable and ready for a site review visit.(v) If the application is foundationally incomplete and not ready for submission, a portion of the application fee, if not expended during the desk review, may be returned and another application may not be submitted for one year from the date of rejection of the foundationally incomplete application.(B) The application form for the Certificate of Authority may be found on the Board's website.(C) The Certificate of Authority application must include:(i) The name and address of the institution;(ii) The purpose and mission of the institution;(iii) Documentary evidence of compliance with paragraph (1)(A)(i)-(ii) of this section;(iv) Documentary evidence of either a Letter of Exemption or Certificate of Approval from the Texas Workforce Commission pursuant to Texas Education Code, Chapter 132;(v) Documentary evidence of articles of incorporation or other Texas-authorized organizational documents, regulations, rules, constitutions, bylaws, or other regulations established for the governance and operation of the institution;(vi) Identification, by name and contact information, of:(I) The sponsors or owners of the institution;(II) The designated Single Point of Contact as defined in §7.3 of this chapter (relating to Definitions);(III) The chief administrative officer, the principal administrators, and each member of the board of trustees or other governing board;(IV) Identification of faculty who will, in fact, teach in each program of study, including identification of colleges attended and copies of transcripts for every degree held by each faculty member;(vii) Information regarding each degree or course leading to a degree which the applicant proposes to offer, including a full description of the proposed degree or degrees to be awarded and the course or courses of study prerequisite thereto;(viii) A description of the facilities and equipment utilized by the applicant, including, if applicable, all equipment, software, platforms and other resources used in the provision of education via online or other distance education;(ix) Detailed information describing the manner in which the applicant complies with each of the Standards of Operations of Institutions contained in §7.4 of this chapter (relating to Standards for Operations of Institutions);(x) If applicable, institutions accredited by entities which are not recognized by the Board must submit all accrediting agency reports and any findings and institutional responses to such reports and findings for ten years immediately preceding the application for a Certificate of Authority. Accreditation by entities which are not recognized by the Board does not allow an institution to offer a degree or courses leading to a degree without a Certificate of Authority to offer such degree or courses;(xi) A written accreditation plan, identifying:(I) The Board-recognized accrediting agency with which the applicant intends to apply for institutional accreditation;(II) The planned timeline for application with and approval by the Board-recognized accrediting agency;(III) Any contacts already made with the Board-recognized accrediting agency, including supporting documents.(xii) Any additional information which the board may request.(D) An applicant that does not meet the previous operational history conditions described by paragraph (1)(A)(ii)(I)-(III) of this section must be able to demonstrate it is able to meet all Standards for Operation of Institutions found in §7.4 of this chapter through documentation and/or possession of adequate resources. Such demonstration includes, but is not limited to:(i) Executed agreements with all administration and faculty identified in the application;(ii) Complete curriculum, assessment, and learning tools for each proposed degree;(iii) Possession of all listed facilities and resources.(E) An applicant that does not meet the previous operational history conditions described by paragraph (1)(A)(ii)(I)-(III) of this section may not apply for a graduate degree or for more than one area of study as part of its initial application for a Certificate of Authority.(4) Fees Related to Certificates of Authority.(A) Each biennium the Board shall set the fees for applications for Certificates of Authority, which shall not exceed the average cost, in the preceding two fiscal years, of staff time, review and consultation with applicants, and evaluation of the applications by necessary consultants, including the cost of such consultants.(B) Each biennium, the Board shall also set the fees for amendments to add additional degree programs to Certificates of Authority.(C) The Commissioner shall request changes in the fees at a Board quarterly meeting.(D) The current Board-approved Certificate of Authority fees are as follows:(i) Certificate of Authority application fee: $8,000.(ii) Certificate of Authority renewal fee: $8,000.(iii) Certificate of Authority amendment fee: $800.(5) Authorization Process.(A) Based upon the information contained in the application, the Commissioner or his/her designee shall determine whether a site review team is necessary. A site review team is always required for applications for an initial Certificate of Authority.(B) A site review team shall be composed of no fewer than three (3) members, all of whom have experience and knowledge in postsecondary education. The combined team experience and knowledge shall be sufficient to review all applicable standards of the agency.(C) An institution must demonstrate it is prepared to be fully operational as of the date of the on-site evaluation; i.e., it must have in-hand or under contract all the human, physical, administrative, and financial resources necessary to demonstrate its capability to meet the standards for nonexempt institutions.(D) The conditions found at the institution as of the date of the on-site evaluation review team's visit will provide the basis for the team's evaluation and report, the Certification Advisory Council's recommendation, the Commissioner's recommendation, and the Board's determination of the institution's qualifications for a Certificate of Authority.(E) The site review team shall conduct an on-site review of the institution and prepare a report regarding the institution's ability to meet the Standards of Operation.(F) The applicant shall have thirty (30) days in which to respond in writing to the report.(G) The Certification Advisory Council shall review the site review team's report and the applicant's response and make a recommendation regarding disposition to the Board and Commissioner.(i) If the applicant has no previous operational history as described by paragraph (1)(A)(ii)(I)-(III) of this section, the Council shall make recommendations for additional conditions, restrictions, or reporting requirements during the first two years of operation under a Certificate of Authority.(ii) If the applicant has previous operational history as described by paragraph (1)(A)(ii)(I)-(III) of this section, the Council may make recommendations for additional conditions, restrictions, or reporting requirements during the first two years of operation under a Certificate of Authority.(H) The Commissioner shall make his/her recommendation regarding the application to the Board. The Commissioner's recommendation shall be made independent of the Certification Advisory Council's recommendation. The Commissioner may make recommendations for additional conditions, restrictions, or reporting requirements for the time the institution is operating under a Certificate of Authority.(I) After review of the Commissioner's and Council's recommendations, if the Board approves the application, the Commissioner shall immediately have prepared a Certificate of Authority containing the issue date, a list of the approved degree(s) or courses leading to degrees, and the period for which the Certificate is valid. If applicable, the Certificate of Authority will be issued with any written, specific conditions, restrictions, or reporting requirements placed upon the institution and approved by the Board.(J) After review of the Commissioner's and Council's recommendations, if the Board does not approve the application, the Commissioner shall immediately notify the applicant of the denial and the reasons for the denial.(K) Upon denial, an applicant that has met the previous operational history conditions described by paragraph (1)(A)(ii)(I)-(III) of this section may not reapply for a period of one hundred eighty (180) days from date of denial.(L) Upon denial, an applicant that has not met the previous operational history conditions described by paragraph (1)(A)(ii)(I)-(III) of this section may not reapply for a period of one year from date of denial.(6) Terms and Limitations of a Certificate of Authority.(A) The Certificate of Authority to grant degrees is valid for a period of two (2) years from the date of issuance.(B) Certification by the state of Texas is not accreditation, but merely a protection of the public interest while the institution pursues accreditation from a recognized agency, within the time limitations expressed in subparagraph (A) of this paragraph. Therefore, the institution awarded a Certificate of Authority shall not use terms to interpret the significance of the certificate which specify, imply, or connote greater approval than simple permission to operate and grant certain specified degrees in Texas. Terms which may not be used include, but are not limited to, "accredited," "supervised," "endorsed," and "recommended" by the state of Texas or agency thereof. Specific language prescribed by the Commissioner which explains the significance of the Certificate of Authority shall be included in all publications, advertisements, and other documents where certification and the accreditation status of the institution are mentioned.(C) Institutions holding a Certificate of Authority will be required to:(i) furnish a list of their agents to the Board;(ii) maintain records of students enrolled, credits awarded, and degrees awarded, in a manner specified by the Board; and(iii) report any substantive change, including changes in administrative personnel, faculty, or facilities.(D) Institutions that, upon application, did not meet one of the three previous operational history conditions described by paragraph (1)(A)(ii)(I)-(III) of this section, in addition to the requirements of subparagraph (C) of this paragraph, are required to provide, at the end of the first year of the initial Certificate of Authority:(i) Documentary evidence of continued exemption or approval from the Texas Workforce Commission pursuant to Texas Education Code, Chapter 132;(ii) Current audited financial statements, including a balance sheet, income statement, statement of changes in net worth, and statement of cash flow, updated since issuance of the initial Certificate of Authority;(iii) Documentation of continued validity of any required financial surety instrument;(iv) Current enrollment, retention, and graduation numbers for students in all approved degree programs; and(v) An updated accreditation plan, including any progress made toward obtaining Board-recognized accreditation identified in the initial application or a change in plans to apply for accreditation with another Board-recognized accreditation agency.(E) Authority to Represent Transferability of Course Credit. Any institution as defined in §7.3 of this chapter, whether it offers degrees or not, may solicit students for and enroll them in courses on the basis that such courses will be credited to a degree program offered by another institution, provided that:(i) the other institution is named in such representation, and is accredited by a Board-recognized accrediting agency or has a Certificate of Authority;(ii) the courses are identified and documented for which credit is claimed to be applicable to the degree programs at the other institution; and(iii) the written agreement between the institution subject to these rules and the accredited institution is approved by both institutions' governing boards in writing, and is filed with the Board.(7) Amendments to a Certificate of Authority.(A) An institution seeking to amend its Certificate of Authority to award a new or different degree during the period of time covered by its current Certificate of Authority may file an application for amendment, on forms provided by the Board upon request, subject to the following exceptions:(i) An institution with no previous operational history described by paragraph (1)(A)(ii)(I)-(III) of this section which has been granted a Certificate of Authority may not apply for an amendment during the period of time covered by its initial Certificate of Authority.(ii) An institution with operational history described by paragraph (1)(A)(ii)(I)-(III) of this section which has been granted a Certificate of Authority may not apply for an amendment within the first one hundred eighty (180) days after the grant of its initial Certificate of Authority.(iii) An institution with operational history described by paragraph (1)(A)(ii)(I)-(III) of this section which has been granted a Certificate of Authority with restrictions may not apply for an amendment during the period of time covered by the restricted Certificate of Authority.(iv) An institution seeking to discontinue a degree program, without closure of the institution, shall assure the continuity of students' education by entering into a teach-out agreement with:(I) another institution authorized by the Board to hold a Certificate of Authority;(II) an institution operating under a Certificate of Authorization; or(III) a public or private institution of higher education as defined in Texas Education Code §61.003.(v) The teach-out agreement shall be in writing, shall be subject to Board staff approval, shall contain provisions for student transfer, and shall specify the conditions for completion of degree requirements at the teach-out institution. The agreement shall also contain provisions for awarding degrees.(B) Applications for amendments shall be accompanied by the fee described in paragraph (3) of this subsection for each amendment to an existing degree or for each application to award a new or different degree.(C) Based upon the information contained in the application for amendment, the Commissioner or his/her designee may utilize an outside consultant, the Certification Advisory Council, or both, to review the application for amendment in order to make a recommendation to the Board.(D) Upon Board approval that the new or revised degree program meets the required standards, the Board shall amend the institution's Certificate of Authority accordingly.(E) A change of degree level or additional program would require an amended Certificate of Authority prior to beginning the program.(8) Renewal of Certificate of Authority.(A) At least one hundred eighty (180) days, but no more than two hundred ten (210) days, prior to the expiration of the current Certificate of Authority, an institution seeking renewal shall make application to the Board on forms provided upon request. The renewal application must include any applications for or renewal of accreditation by institutional accrediting agencies. The renewal application shall be accompanied by the fee described in paragraph (3) of this subsection.(B) The application for renewal of the Certificate of Authority will be evaluated in the same manner as that prescribed for evaluation of an initial application, except that the renewal application must include the institution's record of improvement and progress toward accreditation. Evaluation of the renewal application will include review of compliance with any specific conditions, restrictions, or reporting requirements placed upon the institution during the period of the previous Certificate of Authority and whether continuation or addition of conditions, restrictions or reporting requirements is warranted.(C) An institution may be granted consecutive Certificates of Authority for a total grant of no longer than eight (8) years. Absent sufficient cause, at the end of the eight (8) years, the institution must be accredited by a recognized accrediting agency.(D) Subject to the application and authorization restrictions of this section, the Board shall renew the certificate if it finds that the institution has maintained all requisite standards and is making sufficient progress toward accreditation by a Board-recognized accrediting agency.(9) Revocation of Certificate of Authority(A) Grounds for revocation include:(i) Institution no longer holds a Certificate of Approval or Letter of Exemption issued by the Texas Workforce Commission; or(ii) Institution fails to comply with substantive change notification and data reporting requirements as outlined in §7.11 of this chapter (relating to Changes of Ownership and Other Substantive Changes) and §7.13 of this chapter (relating to Student Data Reporting), respectively; or(iii) Institution offers degrees or courses leading to a degree for which it does not have Board approval; or(iv) Institution fails to maintain the Standards of Operation as defined in §7.4 of this chapter; or(v) Failure to comply with the requirement to submit all accrediting agency correspondence, reports, or findings and institutional responses to such correspondence, reports, and findings if an institution is accredited by entities which are not recognized by the Board; or(vi) Failure to fully comply with any additional conditions, restrictions, or reporting requirements placed upon the institution as part of its current Certificate of Authority.(B) Process for revocation of Certificate of Authority to offer degrees in Texas:(i) Board notifies institution of grounds for revocation as outlined in this paragraph via registered or certified mail;(ii) Within ten (10) days of its receipt of the Commissioner's notice, the institution must either cease and desist operations or respond and offer proof of its continued qualification for the authorization, and/or submit data as required by this chapter;(iii) After reviewing the evidence, the Commissioner will issue a notice of determination, which in the case of an adverse determination, shall contain information regarding the reasons for the denial, and the institution's right to a hearing;(iv) If a determination under this section is adverse to an institution, it shall become final and binding unless, within forty-five (45) days of its receipt of the adverse determination, the institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).(C) Without a valid Certificate of Authority, the institution must immediately cease and desist all operations, including granting degrees, offering courses leading to degrees, receiving payments from students for courses which may be applicable toward a degree, or enrolling new students.(i) If an institution must cease and desist operations, within forty-five (45) days of the adverse determination becoming final and binding, the institution must assure the continuity of students' education by entering into a teach-out agreement with another institution authorized by the Board to hold a Certificate of Authority, with an institution operating under a Certificate of Authorization, or with a public or private institution of higher education as defined in Texas Education Code §61.003.(ii) The teach-out agreement shall be in writing, shall be subject to Board staff approval prior to implementation, shall contain provisions for student transfer, and shall specify the conditions for completion of degree requirements at the teach-out institution. The agreement shall also contain provisions for awarding degrees.(D) Reapplication After Revocation of Certificate of Authority.(i) The institution will not be eligible to reapply for a period of one hundred eighty (180) days.(ii) The subsequent application must show, in addition to all other requirements described herein, correction of the deficiencies which led to the denial.(iii) The period of time during which the institution does not hold a Certificate of Authority shall not be counted against the eight (8) year period within which the institution must achieve accreditation from a Board-recognized accrediting agency absent sufficient cause, as described in paragraph (7)(C) of this section; the time period begins to run again upon reinstatement.(10) Closure of an Institution.(A) The governing board, owner, or chief executive officer of an institution that plans to cease operation in the state of Texas shall provide the Board with written notification of intent to close at least ninety (90) days prior to the planned closing date.(B) If an institution closes unexpectedly, the governing board, owner, or chief executive officer of the school shall provide the Board with written notification immediately.(C) If an institution closes or intends to close before all currently enrolled students have completed all requirements for graduation, the institution shall assure the continuity of students' education by entering into a teach-out agreement with another institution authorized by the Board to hold a Certificate of Authority, with an institution operating under a Certificate of Authorization, or with a public or private institution of higher education as defined in Texas Education Code §61.003. The agreement shall be in writing, shall be subject to Board approval prior to implementation, shall contain provisions for student transfer, and shall specify the conditions for completion of degree requirements at the teach-out institution. The agreement shall also contain provisions for awarding degrees.(D) The Certificate of Authority for an institution is automatically withdrawn as of the date the institution closes. The Commissioner may grant to an institution that has existing degree-granting authority temporary approval to award a degree(s) in a program for which the institution does not have approval in order to facilitate a formal agreement as outlined under this section.(i) The curriculum and delivery shall be appropriate to accommodate the remaining students.(ii) No new students shall be admitted to the transferred degree program unless the new entity seeks and receives permanent approval for the program(s) from the Board, or Board staff, as delegated, or the transferred degree program already has such approval.(E) The institution shall transfer all academic records pursuant to §7.15 of this chapter (relating to Academic Records Maintenance, Protection, and Repository of Last Resort).(F) The Coordinating Board has delegated its authority to approve institution closure arrangements and agreements to the Assistant Commissioner with oversight of the closing institution.</content><note type="source"><p>Source Note: The provisions of this §7.8 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective November 29, 2010, 35 TexReg 10497; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 24, 2013, 38 TexReg 8434; amended to be effective March 4, 2014, 39 TexReg 1363; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395; amended to be effective November 11, 2021, 46 TexReg 7600; amended to be effectiveMay 16, 2024, 49 TexReg 3257.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.9"><num value="7.9">§7.9</num><heading>Religious Institutions Offering Degrees in Religious Disciplines</heading><content>The Texas Higher Education Coordinating Board does not regulate Religious Institutions of Higher Education which offer degrees only in religious disciplines.(1) A religious institution which would like to offer a degree program or courses leading to a degree in a religious discipline may request a letter from the Coordinating Board indicating that no approval from the Coordinating Board is required.(2) A religious institution which would like to offer a degree program or courses leading to degree in a non-religious discipline must follow the requirements in Coordinating Board Rules §7.7 of this chapter (relating to Institutions Accredited by Board Recognized Accreditors) or §7.8 of this chapter (relating to Institutions Not Accredited by a Board Recognized Accreditor).</content><note type="source"><p>Source Note: The provisions of this §7.9 adopted to be effective December 6, 2009, 34 TexReg 8515.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.10"><num value="7.10">§7.10</num><heading>Registration of Agents</heading><content>(a) Application for Registration--An agent as defined in §7.3 of this chapter (relating to Definitions) shall submit an application to the Board in the following manner:(1) The application shall be accompanied by the fee described in this subsection.(A) Each biennium, the Commissioner shall set the fee for Certificates of Registration of agents.(B) The Commissioner shall report changes in the fee to the Board at a quarterly meeting.(2) Upon request of the Commissioner or the Commissioner's designee, the agent shall provide sufficient evidence of good character.(3) The agent's Certificate of Registration shall be issued for a five-year period.(4) If the Commissioner denies the application for a Certificate of Registration, or a renewal of the Certificate of Registration, the applicant shall be notified in writing, and shall be given the reasons for the denial. Additionally, the Commissioner shall notify the institution or institutions which the agent represented or proposed to represent, according to the records of the Board, in the same manner.(5) At least sixty (60), but no more than one hundred twenty (120), days prior to the expiration of an agent's certificate, the agent may complete and file with the Board an application for renewal, accompanied by the registration fee described in this section.(6) If a determination under this section is adverse to a person or institution, it shall become final and binding unless, within forty-five (45) days of the receipt of the adverse determination, the person or institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).(b) Revocation of Registration--The Commissioner may revoke an agent's Certificate of Registration at any time if the Commissioner finds that:(1) Any statement contained in the application is untrue;(2) The institution represented has had its Certificate of Authority revoked;(3) The agent has made false, deceptive, or misleading statements while attempting to solicit residents of this state as students; or(4) The agent has violated any provision of this subchapter.(c) Notice of Revocation--Notice under subsection (b) of this section shall be given to the agent and to the institution that the agent represented or purported to represent. Immediately upon receipt of actual knowledge of the agent's violation, or upon receipt of the Commissioner's notice, whichever is earlier, the institution shall make every effort to:(1) divest the agent of the authority and of the apparent authority to represent the institution;(2) notify the media through which the agent made the misrepresentations of the actual facts; and(3) notify all students whose decision to enroll in the institution was affected by the agent's misrepresentation, of the actual facts.(d) Administrative Remedies--A revocation made pursuant to this section shall become final and binding unless, within forty-five (45) days of its receipt of the notice of revocation, the institution or agent invokes the administrative remedies contained in Chapter 1, Subchapter B of this title.</content><note type="source"><p>Source Note: The provisions of this §7.10 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.11"><num value="7.11">§7.11</num><heading>Changes of Ownership and Other Substantive Changes</heading><content>(a) Change of Ownership or Control for Career Schools and Colleges. In the event of a change in ownership or control of a career school or college, the Certificate of Authority or Certificate of Authorization is automatically void unless the institution meets the requirements of this section.(b) The Commissioner may authorize the institution to retain the Certificate of Authority or Certificate of Authorization during and after a change of ownership or control, provided that the institution notifies Board staff of the impending transfer in time for staff to receive, review, and approve the documents listed in paragraphs (1) - (4) of this subsection and provided that the following conditions are met:(1) The institution must submit acceptable evidence that the new owner is complying with all Texas Workforce Commission requirements regarding the purchase or transfer of ownership of a career school or college;(2) The institution must submit an acceptable written statement of assurance that the new owner understands and undertakes to fully comply with all applicable Board rules, regulations, and/or policies;(3) The institution must submit documentation that the new owner has been approved by the institution's Board-recognized accreditor to operate the institution or is able to meet the requirements of the existing Certificate of Authority; and(4) The institution must submit satisfactory evidence of financial ability to adequately support and conduct all approved programs. Documentation shall include but may not be limited to independently audited financial statements and auditor's reports and assurance that the new owner does not currently own or operate any institutions under financial restrictions for, or is not permanently debarred from participating in, federal financial aid by the United States Department of Education. Individuals who become new owners of an institution may be required to submit independently audited personal financial records to show evidence of financial ability to adequately support and conduct all approved programs.(c) If the institution does not meet the conditions outlined under this section prior to completion of transfer of ownership or control and the institution loses its Certificate of Authority or Certificate of Authorization, the new owner(s) shall submit a new application for a Certificate of Authority as outlined under §7.8 of this chapter (relating to Institutions Not Accredited by a Board-Recognized Accreditor) or a new application for a Certificate of Authorization as outlined under §7.7 of this chapter (relating to Institutions Accredited by Board-Recognized Accreditors).(d) Any modification of an approved degree program that results from a change of ownership or control constitutes a program revision. Requests for approval of program revisions or other substantive changes as defined in §7.3 of this chapter (relating to Definitions) shall conform to the procedures and requirements contained in §7.7 and §7.8 of this chapter.(e) If the ownership or control of a career school or college is transferred within, among, or between different subsidiaries, branches, divisions, or other components of a corporation and if said transfer in no way diminishes the career school or college's administrative capability or educational program quality, the Commissioner may permit the school to retain its Certificate of Authority or Certificate of Authorization during the transfer period. In such cases, the career school or college shall fully comply with all provisions outlined in this section.(f) All notifications regarding changes of ownership or other substantive changes, as defined in §7.3 of this chapter (relating to definitions), should be provided to the Board via the institution's designated Single Point of Contact.</content><note type="source"><p>Source Note: The provisions of this §7.11 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.12"><num value="7.12">§7.12</num><heading>Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority</heading><content>(a) A person holding a degree from an institution that is not eligible to receive a Certificate of Authority may request a letter from the Board confirming that the institution is not eligible for a Certificate of Authority and providing the procedures for review and approval of the degree for use in Texas. The Board shall send a copy of the letter to the institution.(b) Procedures for Review and Approval.(1) An institution that confers a fraudulent or substandard degree described in §7.3 of this chapter (relating to Definitions), may request that the Board review and approve for use in Texas that degree, as provided in those sections. The person or institution shall submit the request on a form created by the Board.(2) The Commissioner shall apply the standards provided in §7.4 of this chapter (relating to Standards for Operation of Institutions) and §7.5(a)(6) of this chapter (relating to Administrative Penalties and Injunctions) to determine if the degrees awarded by a person or institution are equivalent to degrees granted by a private postsecondary educational institution or other person holding a Certificate of Authority from the Board.(3) The Commissioner, or the Commissioner's designated representatives, and an ad hoc team of independent consultants, if the Commissioner finds that such a team would provide a benefit to the Board or to the institution, may either visit the institution and conduct an on-site survey or conduct a desk review to evaluate the application for review and approval. The ad hoc team shall be composed of people who have experience on the faculties or staffs of accredited institutions and who possess knowledge of accreditation standards.(4) The Board may charge the person or institution petitioning for review and approval a fee equal to the application fee for a Certificate of Authority or the actual cost of conducting the review, including travel expenses and cost of consultant fees.</content><note type="source"><p>Source Note: The provisions of this §7.12 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.13"><num value="7.13">§7.13</num><heading>Student Data Reporting</heading><content>The institutions shall provide to the Board annually, in a form established by the Board, student records of the type specified in §7.4(19) of this chapter (relating to Standards for Operation of Institutions).</content><note type="source"><p>Source Note: The provisions of this §7.13 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective August 15, 2013, 38 TexReg 5070.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.14"><num value="7.14">§7.14</num><heading>Distance Education Approval Processes for Degree Granting Colleges and Universities Other Than Texas Public Institutions</heading><content>An institution which does not meet the definition of institution of higher education contained in Texas Education Code §61.003 and wishes to offer distance education to students in Texas must follow the requirements in paragraph (1) or (2) of this section. For the purposes of this section distance education shall mean education or training delivered off campus via educational technologies where the student(s) and the instructor(s) are separated by physical distance and/or time.(1) Exempt Institutions.(A) An institution is exempt and does not need to receive permission from the Board to offer distance education programs and courses to Texas students if it fulfills the following:(i) Accredited to offer degrees at a specific level either by an accrediting agency recognized by the Board or an accrediting agency recognized by the Secretary of Education of the U.S. Department of Education or approved by a Texas state agency which authorizes the school's graduates to take a professional or career and technical state licensing examination administered by that agency;(ii) No physical presence in the state as defined by §7.3 of this chapter (relating to Definitions); and(iii) Meets and agrees to comply with Council of Regional Accrediting Commissions (C-RAC) provisions as listed in this section.(B) An institution is also exempt and does not need to receive permission from the Board to offer distance education programs and courses to Texas students if it is covered by a reciprocal state exemption agreement.(C) An institution's exemption applies only to the degree level for which the programs or institution is accredited.(D) An institution's exemption under subparagraph (A) or (B) of this paragraph continues as long as it is in compliance with subparagraph (A) or (B) of this paragraph. Exempt institutions must also maintain compliance with subparagraph (C) of this paragraph. If an institution is no longer accredited by an accrediting agency recognized by the Board or an accrediting agency recognized by the Secretary of Education of the U.S. Department of Education or no longer approved by a Texas state agency which authorizes the school's graduates to take a professional or career and technical state licensing examination administered by that agency and/or maintains a physical presence in Texas or if an institution is no longer covered by a reciprocal state exemption agreement, the institution is no longer eligible for an exemption and must receive Board authority to offer distance education to Texas students. The institution would need to either submit an application for a Certificate of Authority as outlined under §7.8 of this chapter (relating to Institutions Not Accredited by a Board-Recognized Accreditor) or for a Certificate of Authorization as outlined under §7.7 of this chapter (relating to Institutions Accredited by Board-Recognized Accreditors).(2) Nonexempt Institutions.(A) An institution is not exempt and must receive Board permission to offer distance education programs and courses to Texas students if it fulfills any of the following:(i) Is accredited to offer degrees at a specific level by an accrediting agency recognized by the Board or approved by a Texas state agency which authorizes the school's graduates to take a professional or career technical state licensing examination administered by that agency and maintains a physical presence in Texas as defined by §7.3 of this chapter; the institution would need to submit an application for a Certificate of Authorization as outlined under §7.7 of this chapter; or(ii) Is not accredited to offer degrees at a specific level by an accrediting agency recognized by the Board or an accrediting agency recognized by the Secretary of Education of the U.S. Department of Education nor approved by a Texas state agency which authorizes the school's graduates to take a professional or career technical state licensing examination administered by that agency. The institution, whether or not it maintains a physical presence in Texas as defined by §7.3 of this chapter, would need to submit an application for a Certificate of Authority as outlined under §7.8 of this chapter.(B) An institution that would like to offer a degree program or courses leading to a degree in a religious discipline via distance education is exempt from seeking Board approval. A religious institution that would like to offer a degree program or courses leading to a degree in a non-religious discipline via distance education must follow the requirements outlined in subparagraph (A)(i) and (ii) of this paragraph.(C) As part of its qualification or continued approval for a Certificate of Authorization or a Certificate of Authority, a nonexempt institution must meet and agree to comply with C-RAC provisions as listed in this section before offering distance education.(3) Board staff shall utilize the best practices in postsecondary distance education as adopted by the C-RAC as standards for approval of distance education offered in Texas or to Texas residents. C-RAC provisions applicable to all institutions offering distance education under this section include:(A) Online learning is appropriate to the institution's mission and purposes;(B) The institution's plans for developing, sustaining, and, if appropriate, expanding online learning offerings are integrated into its regular planning and evaluation processes;(C) Online learning is incorporated into the institution's systems of governance and academic oversight;(D) Curricula for the institution's online learning offerings are coherent, cohesive, and comparable in academic rigor to programs offered in traditional instructional formats;(E) The institution evaluates the effectiveness of its online learning offerings, including the extent to which the online learning goals are achieved, and uses the results of its evaluations to enhance the attainment of the goals;(F) Faculty responsible for delivering the online learning curricula and evaluating the students' success in achieving the online learning goals are appropriately qualified and effectively supported;(G) The institution provides effective student and academic services to support students enrolled in online learning offerings;(H) The institution provides sufficient resources to support and, if appropriate, expand its online learning offerings; and(I) The institution assures the integrity of its online offerings.</content><note type="source"><p>Source Note: The provisions of this §7.14 adopted to be effective November 29, 2011, 36 TexReg 8012; amended to be effective May 29, 2012, 37 TexReg 3801; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.15"><num value="7.15">§7.15</num><heading>Academic Records Maintenance, Protection, and Repository of Last Resort</heading><content>(a) Maintenance of Records at the Institution(1) Authorized institutions are required to maintain academic records securely and permanently as required in §7.4 of this chapter (Standards for Operation of Institutions) and must protect the personally identifiable information of enrolled or former students.(2) At the end of each institution's academic year, an institution shall consolidate copies of all academic records for all former students who have graduated, withdrawn, or otherwise ceased to attend during the previous academic year. These academic records, for each academic year, shall be stored separately in an identifiable and printable electronic record for each student in a format specified by the Board. The files or records are subject to inspection and shall be made available to the Board for inspection upon request.(b) Transfer and Maintenance of Records Upon School Closure(1) In the event any authorized institution operating in this state proposes to discontinue its operation, the chief administrative officer, by whatever title designated, of said institution shall notify the Board of its plan to secure and store all student records.(2) If the institution is part of an educational system which is continuing to operate in other U.S. locations, the academic records shall be maintained at the main campus or corporate location. Contact information so that a student may request an academic transcript or academic records must be provided to the Board and updated as information changes.(3) If the institution enters into an agreement with another institution to teach out or continue students' degree programs, the institution responsible for accepting the transferring students shall maintain academic records for the transferring students.(4) If the institution is closing all locations, the academic records shall be transferred to the Board. Such records shall include, without limitation:(A) academic information as is customarily required by colleges when considering students for transfer or advanced study; and(B) in the format specified by the Board to ensure a separate identifiable and printable file is provided for each student.(c) Record Protection--In the event it appears to the Commissioner that any records of an institution that is discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the Board, the Commissioner may seek, on the Board's behalf, court authority to take possession of such records.(d) Closed School Repository(1) The Board shall maintain or cause to be maintained a permanent file of such records coming into its possession from an institution previously authorized under a Certificate of Authority or a Certificate of Authorization in a closed school academic record repository. The Board may specify the required format for records coming into its possession.(2) Upon request and verification of identity, the Board will provide to a student either a copy of the student's academic record as received from the closed institution or the information contained in the academic record in a standard transcript format utilized by the Board.(A) The Board will charge a nominal fee to cover the average expense of retrieval, reproduction and mailing of the student academic record.(B) A statement will accompany the academic record providing information regarding the date of closure, verification the information contained in the academic record is as received from the institution, and no alterations to the information contained in the academic record can be made.(3) The academic records repository is considered to be a repository of last resort.(4) The Board may discontinue its maintenance of the repository if adequate funding is not provided for that maintenance.</content><note type="source"><p>Source Note: The provisions of this §7.15 adopted to be effective February 28, 2018, 43 TexReg 1077.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scA/s7.16"><num value="7.16">§7.16</num><heading>Financial Protections for Student Tuition and Fees</heading><content>The Board is required to ensure Certificate of Authorization and Certificate of Authority institutions maintain reserves, lines of credit, or surety instruments sufficient to allow the institution or person to fulfill its educational obligations of the current term to its enrolled students if the institution or person violates any minimum standard which results in loss of prepaid tuition or fees, or is unable to continue to provide instruction to its enrolled students.(1) Sufficient Financial Resources Documentation.(A) Sufficient financial resources may be demonstrated by proof of an adequate reserve, line of credit, or surety instrument. A surety instrument includes but is not limited to, a surety bond, an assignment of a savings or escrow account, certificate of deposit, irrevocable letter of credit, or a properly executed participation contract with a private association, partnership, corporation, or other entity whose membership is comprised of postsecondary institutions.(B) The documented reserves, lines of credit, or surety instruments must be:(i) In a form and amount acceptable to the Board;(ii) In an amount equal to or greater than the cost of providing a refund, including administrative costs associated with processing claims, for the maximum unearned tuition and fees of the institution for a period or term during the applicable academic year for which programs of instruction are offered, including, but not limited to, on a semester, quarter, monthly, or class basis; except that the period or term of greatest duration and expense shall be utilized for this computation where an institution's year consists of one or more such periods or terms. Unearned tuition and fees are tuition or fees billed to a student for the current term. No tuition or fee billed for the current term may be considered earned by the institution until the current term has been completed and students have received grades for courses taken during the term;(iii) Conditioned to provide indemnification to any student or enrollee of the school or his/her parent or guardian determined by the Board to have suffered loss of unearned tuition or any fees as a result of violation of any minimum standard or as a result of the institution ceasing operation, provide evidence satisfactory to the Board of its financial ability to provide such indemnification, and list the amount of surety liability the guaranteeing entity will assume; and(iv) Held in Travis County, Texas, and conditioned to allow only the Board to withdraw funds for the benefit of persons identified in clause (iii) of this subparagraph.(C) The institution shall include a letter signed by an authorized representative of the institution showing in detail the calculations made pursuant to this section and explaining the method used for computing the amount of the reserves, lines of credit or surety instrument.(D) Falsifying surety calculation or surety instrument will be reported to the Attorney General per §7.5(m) of this title (relating to Degree Granting Colleges and Universities Other Than Texas Public Institutions).(2) Tuition and Fee Recovery.(A) A Qualifying Event, when used in this subchapter, shall mean an event in which a student or enrollee of the school or his/her parent or guardian is determined by the Board to have suffered loss of tuition or any fees as a result of violation of any minimum standard or as a result of the institution or location ceasing operation.(B) The Board may withdraw the total amount of reserves, lines of credit, or surety instrument designated for tuition and fee recovery at the time the Board deems the institution or person has violated any minimum standard which results in loss of prepaid tuition or fees, or upon notice that an institution is unable to continue to provide instruction to its enrolled students.(C) A student, enrollee, parent or guardian is required to apply for an unearned tuition and fee claim in order to be eligible for reimbursement.(i) Board staff will make available an application claim form. Claim forms must include original signatures to be considered valid.(ii) Board staff will determine supporting documentation required for each claim and notify the claimant. Supporting documentation may include an enrollment agreement, transcript, report card, loan agreement, cancelled checks, or other documentation which provides information on tuition and fee amounts paid during the current term and the institution's failure to meet minimum standards or continue operations.(iii) Claims must be initiated by the claimant with a completed application claim form within 12 months of a Qualifying Event. The Board will publish the Qualifying Event date which will begin the 12 months claim period.(iv) Board staff will review all student tuition and fee recovery claims within 30 days after the claim period ends. Refunds will be made in a timely manner either upon determination all possible valid claims have been filed before the end of the claim period or at the end of the 12 months claim period.(I) Payments will be made based on verified tuition and fee amounts claimed.(II) If the amount of institutional reserves, lines of credit, or surety instrument able to be withdrawn by the Board at the time of the Qualifying Event does not allow full payment of tuition and fees to all claimants, Board staff will apportion refunds according to verified tuition and fees claimed as a percentage of total amount claimed versus total amount withdrawn.(III) If the amount of institutional reserves, lines of credit, or surety instrument withdrawn by the Board at the time of the Qualifying Event is greater than the total claims made during the 12 month claim period, the Coordinating Board reserves the right to retain a portion of the excess funds in order to maintain any student academic records deposited in the Coordinating Board's student academic record repository as a result of the Qualifying Event. Any excess funds withdrawn but not paid in claims or used for student academic record repository maintenance will be returned to the institution, receiver, bankruptcy trustee, or other entity holding institutional funds at the time funds may be returned.</content><note type="source"><p>Source Note: The provisions of this §7.16 adopted to be effective March 2, 2020, 45 TexReg 1395.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c7/scB"><num value="B">SUBCHAPTER B</num><heading>APPROVAL FOR PARTICIPATION IN THE STATE AUTHORIZATION RECIPROCITY AGREEMENT (SARA) FOR PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.50"><num value="7.50">§7.50</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the coordinating board's oversight for private or independent institutions of higher education and private postsecondary educational institutions regarding participation in State Authorization Reciprocity Agreements.</content><note type="source"><p>Source Note: The provisions of this §7.50 adopted to be effective November 25, 2015, 40 TexReg 8206.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.51"><num value="7.51">§7.51</num><heading>Authority</heading><content>Authority for this subchapter is provided by Texas Education Code §§61.05121, which provides the Board with the authority to administer state participation in State Authorization Reciprocity Agreements.</content><note type="source"><p>Source Note: The provisions of this §7.51 adopted to be effective November 25, 2015, 40 TexReg 8206.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.52"><num value="7.52">§7.52</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited--Holding institutional accreditation by name as a U.S.-based institution from an accreditor recognized by the U.S. Department of Education. (2) Board or Coordinating Board--The Texas Higher Education Coordinating Board.(3) Clinical or Practicum Site--A single physical location, such as a hospital, business, or school campus is considered the clinical or practicum site. Individual departments, offices, clinics, classrooms, or other sub-divisions within the location are not considered separate clinical or practicum sites.(4) Commissioner--The Texas Commissioner of Higher Education.(5) C-RAC Guidelines--Refers to the Interregional Guidelines for the Evaluation of Distance Education Programs (Online Learning) for best practices in postsecondary distance education developed by leading practitioners of distance education and adopted by the Council of Regional Accrediting Commissions (C-RAC).(6) Distance Education--Instruction offered by any means where the student and faculty member are in separate physical locations. It includes, but is not limited to, online, interactive video or correspondence courses or programs.(7) Home State--A member state where the institution holds its legal domicile. To operate under SARA an institution must have a single home state.(8) Host State--A member state in which an institution operates under the terms of this agreement, other than the home state.(9) Individual Academic Program--A specific course of study that leads to a distinct degree or certification, characterized by a unique set of required courses, electives, and academic requirements tailored to a particular field or discipline.(10) Institution--A degree-granting postsecondary entity.(11) Member State--Any state, district or territory that has joined SARA.(12) NC SARA--National Council for State Authorization Reciprocity Agreements.(13) SARA--State Authorization Reciprocity Agreement is an agreement among its member states, districts and U.S. territories that establishes comparable national standards for interstate offering of postsecondary distance education courses and programs.(14) SREB--Southern Regional Education Board.</content><note type="source"><p>Source Note: The provisions of this §7.52 adopted to be effective November 25, 2015, 40 TexReg 8206; amended to be effective August 14, 2025, 50 TexReg 5211.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.53"><num value="7.53">§7.53</num><heading>Eligibility Criteria</heading><content>(a) Any private or independent degree granting institution of higher education or private postsecondary educational institutions may apply to participate in SARA if its principle campus located in Texas.(b) All distance education content provided by SARA participants must originate in the United States or a U.S. territory.(c) The institution must be accredited by an accrediting body recognized by the U.S. Department of Education and the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §7.53 adopted to be effective November 25, 2015, 40 TexReg 8206.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.54"><num value="7.54">§7.54</num><heading>Admission to SARA</heading><content>All eligible institutions may apply to the Coordinating Board for admission to SARA under the signature of the institution's chief academic officer. Coordinating Board staff will review the application and make a determination to approve or deny the request to participate in SARA. Within the application, an institution shall make assurances that it:(1) Agrees to abide by the C-RAC Guidelines for the Evaluation of Distance Education.(2) Agrees to be responsible for the actions of any third-party providers used by the institution to engage in operations under SARA.(3) Agrees to notify the board of any negative changes to its accreditation status.(4) Agrees to provide data requested by the board.(5) Agrees to cooperate with the board in the investigation of any complaints arising from the students its serves in other states through SARA and to abide by investigating authority's resolution of any such complaint.(6) All complaints must follow the institution's customary resolution procedure prior to being referred to the Coordinating Board. Grade appeals and student conduct appeals will be resolved at the institutional level without further appeal through SARA.(7) Agrees to notify all students in a course or program that customarily leads to professional licensure, or which a student could reasonably believe leads to such licensure, whether or not the course or program meets requirements for licensure in the state where the student resides. If an institution does not know whether the course or program meets licensure requirements in the student's state of residence, the institution may meet this SARA requirement by informing the student in writing and providing the student the contact information for the appropriate state licensing board(s). An email dedicated solely to this purpose and sent to the student's best known email address meets this requirement.(8) Agrees, in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative for delivering the instruction or reasonable financial compensation for the education the student did not receive.(9) Agrees to pay an annual fee to NC-SARA. This fee replaces any state fees that the institution would normally pay to other SARA member states. If an institution offers distance education to students in non-SARA participating states, it must pay required state fees.(10) If institutional membership is denied, the board will provide a written reason for denial. The institution may reapply at any time, having corrected any deficiencies, or may appeal the denial within 30 calendar days to the Coordinating Board's SARA signatory. The Coordinating Board's SARA signatory will review the appeal and render a final decision. If the denial is upheld, the institution may appeal to the SREB to determine if the board has met the requirements of SARA, but the SREB cannot overturn the final decision made by the Coordinating Board's SARA signatory.</content><note type="source"><p>Source Note: The provisions of this §7.54 adopted to be effective November 25, 2015, 40 TexReg 8206; amended to be effective November 22, 2020, 45 TexReg 8339.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.55"><num value="7.55">§7.55</num><heading>Maintaining Eligibility</heading><content>To remain eligible for participation in SARA, an institution must renew its participation agreement with the board and pay its required SARA fees annually. At the time of renewal, board staff will determine whether the institution still meets SARA requirements. An institution may be removed at any time by the board for violation of SARA standards.</content><note type="source"><p>Source Note: The provisions of this §7.55 adopted to be effective November 25, 2015, 40 TexReg 8206.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.56"><num value="7.56">§7.56</num><heading>Complaint Resolution</heading><content>Institutions operating under SARA shall make their resolution policies and procedures readily available to students taking courses under SARA provisions.(1) Complaints against an institution operating under SARA must first go through the institution's own procedures for resolution grievances.(2) If a person bringing a complaint is not satisfied with the outcome of the institutional process for handling complaints, the complainant may appeal, within two years of the incident, to the board.(3) Coordinating Board staff will review the appeal, determine a resolution to the appeal, and notify the complainant and the institution of the decision.</content><note type="source"><p>Source Note: The provisions of this §7.56 adopted to be effective November 25, 2015, 40 TexReg 8206.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c7/scB/s7.57"><num value="7.57">§7.57</num><heading>Out-of-state SARA Participants</heading><content>(a) The board shall serve as point of contact for all other State Authorization Reciprocity Agreement (SARA) states.(b) If a public, private or independent out-of-state SARA participant provides courses in Texas and is in apparent violation of the SARA agreement or with Texas Education Code or Administration Code, the board shall take appropriate action to terminate the institution's operation within Texas.(c) SARA out-of-state participating institutions shall be limited to no more than ten (10) placements of students for an individual academic program placed simultaneously at one clinical or practicum site in a physical location.</content><note type="source"><p>Source Note: The provisions of this §7.57 adopted to be effective November 25, 2015, 40 TexReg 8206; amended to be effective August 14, 2025, 50 TexReg 5211.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c8"><num value="8">CHAPTER 8</num><heading>CREATION, EXPANSION, DISSOLUTION, OR CONSERVATORSHIP OF PUBLIC COMMUNITY COLLEGE DISTRICTS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c8/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c8/scA/s8.1"><num value="8.1">§8.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Appropriate Authorities (for the purposes of certification of the petition)--The independent school district board of trustees, county school board or boards, or commissioners' court or courts as outlined under §8.30 of this title (relating to Legality of the Petition).(2) Board or Coordinating Board--The Texas Higher Education Coordinating Board.(3) Branch Campuses of Community College Districts--Operate as out-of-district units of existing community college districts and provide programs as defined in Texas Education Code, Chapter 130 and set out in §8.25 of this title (relating to Provisions Applicable to Each Type of District) on an ongoing and permanent basis.(4) Certificate Programs--Workforce programs designed for entry-level employment or for upgrading skills and knowledge within an occupation. Certificate programs serve as building blocks and exit points for associate of applied science degree programs.(5) Commissioner of Higher Education or Commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.(6) Continuing Education Unit or CEU--Ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as outlined in the Guidelines for Instructional Programs in Workforce Education.(7) Extension Center or Extension Facility--Any single or multiple location other than the main campus of a community college district and outside the boundaries of the taxing authority of a community college district. Extension centers and extension facilities are subject to Chapter 4, Subchapter E. of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities).(8) Full-time Equivalent Students (FTE)--The total number of semester credit hours reported by an institution for a long term divided by 15 semester credit hours, or total reported annually divided by 30; and for continuing education courses, the total number of contact hours reported quarterly by an institution divided by 300, or total reported annually divided by 900.(9) Governing Board--The body charged with policy direction of any public community college district, the technical college system, public state college, public senior college or university, or other educational agency, including but not limited to boards of directors, boards of regents, boards of trustees, and independent school district boards.(10) Gross Fiscal Mismanagement--Includes:(A) failure to keep adequate fiscal records;(B) failure to maintain proper control over assets;(C) failure to discharge fiscal obligations in a timely manner; and(D) misuse of state funds.(11) Inactive Public Community College--A public community college district that has failed to establish and maintain a community college within three years from the date of its authorization.(12) Public Community College--Any public junior college or public community college as defined in Texas Education Code, §§61.003 and 130.005, and whose role, mission, and purpose is outlined in Texas Education Code, §§130.0011 and 130.003.(13) Scholastic Population of a Proposed Community College District--All students enrolled in K-12 for the area to be included in the district.(14) State Conservatorship Board--Appointed by the Governor with the consent of the Senate and has the authority, when appointed as conservator of an agency, to:(A) terminate the employment of any employee whose conduct the board determines contributed to the condition that caused the conservatorship;(B) employ personnel for the agency;(C) change the agency's organization or structure as necessary to alleviate the conditions that caused the conservatorship; and(D) contract with persons for management or administrative services necessary to effect the conservatorship.(15) Technical Courses or Programs--Workforce education courses or programs for which semester/quarter credit hours are awarded.(16) Vocational Courses or Programs--Workforce education courses or programs for which continuing education units (CEUs) are awarded.(17) Workforce Continuing Education Course--A course offered for continuing education units (CEUs) with an occupationally specific objective and supported by state funding. A workforce continuing education course differs from a community service course offered for recreational or avocational purposes and is not supported by state funding.(18) Workforce Education--Technical courses and programs for which semester/quarter credit hours are awarded, and vocational courses and programs for which continuing education units are awarded. Technical and vocational courses and programs prepare students for immediate employment or job upgrade within specific occupational categories.</content><note type="source"><p>Source Note: The provisions of this §8.1 adopted to be effective June 2, 1998, 23 TexReg 5668; amended to be effective May 25, 2004, 29 TexReg 5059.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c8/scB"><num value="B">SUBCHAPTER B</num><heading>CREATION OF A PUBLIC COMMUNITY COLLEGE DISTRICT</heading><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.21"><num value="8.21">§8.21</num><heading>Purpose</heading><content>This subchapter outlines the process the Coordinating Board shall use in determining the need for a new public community college district, and provides specific procedures communities are to follow in requesting approval from the Board for the creation of a public community college district and the holding of an election to establish the district.</content><note type="source"><p>Source Note: The provisions of this §8.21 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.22"><num value="8.22">§8.22</num><heading>Authority</heading><content>Texas Education Code, §§61.051(b)(c), 61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter 130, Subchapter B and C, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the creation of public community college districts. The provisions direct the Board to determine the need for the public community college district and the ability of the jurisdiction to provide adequate local financial support. The Board shall determine whether programs in the proposed institution will create unnecessary duplication or seriously harm programs in existing community college districts. The Board must consider the needs and welfare of the state as a whole, as well as the welfare of the community involved, when authorizing the creation of a community college district.</content><note type="source"><p>Source Note: The provisions of this §8.22 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.23"><num value="8.23">§8.23</num><heading>A Community College District Coextensive with an Independent School District or a Union Community College District</heading><content>(a) A community college district may be established by:(1) any independent school district or city which has assumed control of its schools;(2) any city which has assumed control of its schools;(3) two or more contiguous common school districts; or(4) a combination composed of one or more independent schools districts with one or more common school districts of contiguous territory.(b) The proposed community college district must have a minimum assessed valuation (as defined in the Texas Tax Code, Chapter 1, §1.004) of not less than $2.5 billion and a total scholastic population of not less than 15,000 in the school year preceding the date of the Letter of Intent as set out in §8.27 of this title (relating to Application Procedures) for the proposed community college district. A petition for an election to create a district of this type must be signed by not less than 10% of the qualified voters in the proposed district.</content><note type="source"><p>Source Note: The provisions of this §8.23 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.24"><num value="8.24">§8.24</num><heading>A Single-County or a Joint-County Community College District</heading><content>(a) A county community college district may be established by any county in the state. The proposed community college district must have a minimum assessed valuation (as defined in the Texas Tax Code, Chapter 1, §1.004) of not less than $2.5 billion, and a total scholastic population of not less than 15,000 in the school year preceding the date of the Letter of Intent as set out in §8.27 of this title (relating to Application Procedures) for the proposed community college district. A petition for an election to create a district of this type must be signed by not less than 10% of the qualified voters of the county.(b) A joint-county community college district may be established by any combination of contiguous counties in the state. The proposed community college district must have a minimum assessed valuation (as defined in the Texas Tax Code, Chapter 1, §1.004) of not less than $2.5 billion, and a total scholastic population of not less than 15,000 in the school year preceding the date of the Letter of Intent as set out in §8.27 of this title (relating to Application Procedures) for the proposed community college district. A petition for an election to create a district of this type must be signed by not less than 10% of the qualified voters of each of the counties in the proposed district.</content><note type="source"><p>Source Note: The provisions of this §8.24 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.25"><num value="8.25">§8.25</num><heading>Provisions Applicable to Each Type of District</heading><content>The following additional provisions are applicable to each type of proposed community college district:(1) The proposed community college must be planned as a comprehensive two-year institution primarily serving its local taxing district and service area (as defined in the Texas Education Code, Chapter 130, Subchapter J), offering:(A) technical programs up to two years in length leading to associate degrees or certificates;(B) vocational programs leading directly to employment in semi-skilled and skilled occupations;(C) freshman and sophomore courses in arts and sciences, including the state-mandated core curriculum;(D) continuing adult education programs for occupational or cultural upgrading;(E) compensatory education programs designed to fulfill the commitment of an admissions policy allowing the enrollment of disadvantaged students;(F) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals;(G) workforce development programs designed to meet local and statewide needs;(H) adult literacy and other basic skill programs for adults; and(I) such other programs as may be prescribed by the Coordinating Board or local governing boards in the best interest of postsecondary education in Texas.(2) Substantial evidence must be presented indicating that the proposed community college shall reach a minimum enrollment of 1,000 full-time equivalent students within three years of the date of its authorization.(3) Evidence must be given that the proposed community college district shall be eligible to receive a proportionate share of the legislative appropriation for public community colleges. Eligibility criteria for legislative appropriations are set out in Texas Education Code, §130.003.</content><note type="source"><p>Source Note: The provisions of this §8.25 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.26"><num value="8.26">§8.26</num><heading>Creation of a Local Steering Committee</heading><content>(a) A local group of citizens interested in establishing a community college district shall appoint a Steering Committee of at least seven citizens to provide leadership on behalf of the community college effort.(b) The Steering Committee shall be composed of a cross-section of the population in the area, with representation from major civic groups and business and industry. A chair, co-chair, and secretary shall be appointed, along with any other officers who may be of assistance to the committee. Where the proposed community college district is to be coextensive with the independent school district, the local board of trustees may serve as the Steering Committee.(c) The duties of the Steering Committee shall include the following:(1) serve as liaison between the local community and the Board;(2) be responsible for conducting a feasibility study and survey of the needs and potential for a community college district in the area;(3) provide information to the community which, at a minimum, describes the role, mission, and purpose of a public community college;(4) summarize and evaluate the results of the feasibility study and survey and formulate conclusions for submission to the Commissioner;(5) prepare and circulate a petition for an election to establish a community college district; and(6) present the appropriately signed petition as set out in §8.30(a) of this title (relating to Legality of the Petition) for certification in compliance with the Texas Education Code, §§130.012, or 130.033, 130.034, and 130.035.</content><note type="source"><p>Source Note: The provisions of this §8.26 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.27"><num value="8.27">§8.27</num><heading>Application Procedures</heading><content>The Steering Committee shall file a Letter of Intent with the Commissioner as soon as practicable, but no less than six months prior to the quarterly Board meeting at which the Steering Committee elects to submit the certified petition and a request for approval to hold an election.</content><note type="source"><p>Source Note: The provisions of this §8.27 adopted to be effective June 2, 1998, 23 TexReg 5669.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.28"><num value="8.28">§8.28</num><heading>Conduct of a Local Feasibility Study and Survey</heading><content>(a) A local feasibility study consisting of a survey of need, potential student clientele, and financial ability shall be carried out under the auspices of the Steering Committee. This feasibility study may be conducted either by the Steering Committee or by professionals.(b) Board staff shall offer advice and technical assistance to the Steering Committee under the direction of the Commissioner. When the feasibility study is conducted by a professional individual or research organization, the Steering Committee shall fully advise the Commissioner prior to initiating the study.(c) The feasibility study shall be made in consultation with the Board staff and, upon completion, be submitted to the Commissioner. The Commissioner, in consultation with Board staff, shall determine if further documentation or clarification is needed to supplement the information presented in the feasibility study.(d) The feasibility study shall be reviewed by the Board, along with other information it deems appropriate, in determining whether the criteria as set out in §8.32 of this title (relating to Standards and Board Procedure for Approval) have been met.</content><note type="source"><p>Source Note: The provisions of this §8.28 adopted to be effective June 2, 1998, 23 TexReg 5669.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.29"><num value="8.29">§8.29</num><heading>Circulation of the Petition</heading><content>(a) The Steering Committee shall be responsible for the circulation of a petition for authorization of an election to establish a community college district. At a minimum, the petition shall include: the amounts of proposed bonds, bond tax rate ceiling to be proposed, and maintenance tax limits (not to exceed the limits provided in the Texas Education Code, §130.122) that shall appear on the ballot in the event an election is authorized.(b) The petition must incorporate all requirements as set forth in the Texas Election Code, Chapter 277.</content><note type="source"><p>Source Note: The provisions of this §8.29 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.30"><num value="8.30">§8.30</num><heading>Legality of the Petition</heading><content>(a) After the petition has been circulated among the electorate and has been signed by not less than 10% of the qualified electors of the proposed district, the petition shall be verified by the appropriate authorities who have the duty of verifying the legality of the petition.(1) In the case of community college district coextensive with an independent school district or city which has assumed control of its school, the petition shall be presented to the school district's board of trustees.(2) In the case of a union, single-county, or joint county community college district, the petition shall be presented to the county school board if the proposed district encompasses a single county, or county school boards of the respective counties if the proposed district encompasses more than one county. If there is no county school board or school boards, the petition shall be presented to the commissioners' court(s) of the county or counties involved.(b) It shall be the duty of the appropriate authorities to pass upon the legality of the petition and the genuineness of the same.</content><note type="source"><p>Source Note: The provisions of this §8.30 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.31"><num value="8.31">§8.31</num><heading>Presentation of the Certified Petition to the Board</heading><content>(a) When the petition has been certified, it shall be presented by the appropriate authorities to the Commissioner who then shall present it to the Board.(b) After the petition and any additional documentation or information are presented to the Commissioner, a minimum of 90 days must elapse between the date on which the petition and supporting documents are received by the Commissioner and the quarterly meeting of the Board when the petition will be considered.</content><note type="source"><p>Source Note: The provisions of this §8.31 adopted to be effective June 2, 1998, 23 TexReg 5669.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.32"><num value="8.32">§8.32</num><heading>Standards and Board Procedure for Approval</heading><content>(a) The Texas Education Code, §130.013 and §130.036, requires the Board to consider the needs and the welfare of the state as a whole, the geographic location of existing colleges, as well as the welfare of the community involved, before authorizing an election to create a new community/junior college district. The Board shall determine whether programs in a proposed community/junior college district will create unnecessary duplication or seriously harm programs in existing community/junior college districts.(b) The Board shall apply the following criteria when considering the creation of a new community/junior college district:(1) Demographic and economic characteristics of the proposed district, such as:(A) population trends by age group;(B) economic development trends and projections; and(C) employment trends and projections (supply-demand data).(2) Potential student clientele, including:(A) educational levels by age group; and(B) college-bound data (i.e., trends by age group).(3) The financial status of the proposed district and the state as a whole, including:(A) any projected growth or decline in the tax base; and(B) trends in state appropriations for community/junior colleges and other institutions of higher education.(4) Projected programs and services based on economic and population trends.(5) Proximity and impediments to programs and services of existing institutions of higher education, such as:(A) identification of institutions of higher education, including branch campuses, extension centers, or extension facilities, that could be affected by a new community/junior college;(B) pursuant to Texas Education Code, §130.086(f), provision for discontinuation of a branch campus, extension center, or extension facility by an existing community/junior college district to include fair compensation for the community/junior college district that discontinues the branch campus, extension center, or extension facility;(C) documentation of existing programs and services:(i) on the campuses of nearby institutions of higher education;(ii) available to citizens within a 50-mile radius of the proposed district; and(iii) offered in the proposed district by existing institutions of higher education;(D) financial limitations on existing institutions of higher education inhibiting the offering of programs and services in the proposed district;(E) availability of facilities, libraries, and equipment for institutions to offer classes in the proposed district;(F) distance and traffic patterns to existing institutions of higher education;(G) effect on enrollment of existing institutions of higher education; and(H) effect on financing of existing institutions of higher education.(6) Alternative approaches to meeting the need for educational services in the proposed community/junior college district include, but are not limited to:(A) out-of-district classes offered in the district by existing institutions of higher education;(B) transportation of students to nearby institutions of higher education; and(C) contract programs and services from combinations of institutions of higher education.(c) The Board's Committee on Community and Technical Colleges may conduct one or more public hearings in the proposed district to:(1) assess public sentiment regarding creation of the district;(2) determine whether programs in the proposed district would create unnecessary duplication or seriously harm programs in existing community/junior college districts or other institutions of higher education in the area; and(3) assess the potential impact of the proposed district on existing community/junior colleges or other institutions of higher education in the area and on the State of Texas.(d) After the feasibility study and other documentation and information have been reviewed by the Committee on Community and Technical Colleges and Board staff, a report from the Board staff shall be submitted to the Commissioner indicating whether the criteria as set out in §8.32 of this title (relating to Standards and Board Procedure for Approval) have been met. The report shall also include a recommendation for approval or denial of the request for approval to hold an election to create a public community/junior college district, but shall not be binding on the Commissioner or the Board.</content><note type="source"><p>Source Note: The provisions of this §8.32 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective December 26, 1999, 24 TexReg 11320.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.33"><num value="8.33">§8.33</num><heading>Action and Order of the Board</heading><content>(a) Board action on the request for approval to hold an election to create a public community college district shall be taken at the next quarterly Board meeting. In making its decision, the Board shall consider the needs of the community, the potential impact on other institutions of higher education, and the welfare of the state as a whole.(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the Steering Committee.</content><note type="source"><p>Source Note: The provisions of this §8.33 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.34"><num value="8.34">§8.34</num><heading>Calling the Election; Submission of Questions</heading><content>If the Board authorizes an election to establish a community college district, it shall then be the duty of the district or city school board or the commissioners' court or courts to enter an order for an election to be held in the proposed district at the next authorized election date as provided in the Texas Election Code, §41.001, to determine whether or not such community college district be created and formed, and to submit the questions of issuing bonds and levying bond taxes, and levying maintenance taxes in the event the district is created. The order shall contain a description of the independent school district or districts, county or counties whose boundaries shall be coextensive with the community college district to be formed, and fix the date of the election.</content><note type="source"><p>Source Note: The provisions of this §8.34 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.35"><num value="8.35">§8.35</num><heading>Election</heading><content>A majority of the electors in the proposed district, voting in the election, shall determine the question of creation of the community college district submitted in the order, the election of the original trustees, and the questions of issuing bonds and levying taxes. A majority of the electors voting in such election shall determine such questions submitted in the order.</content><note type="source"><p>Source Note: The provisions of this §8.35 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scB/s8.36"><num value="8.36">§8.36</num><heading>Resubmissions of Applications</heading><content>Should an election to create a new community college district fail, a period of 12 months must elapse before resubmission of the proposition to the Board. The Board shall require a strong showing of need and unusual circumstances before approving resubmission before the 12 months have elapsed.</content><note type="source"><p>Source Note: The provisions of this §8.36 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c8/scC"><num value="C">SUBCHAPTER C</num><heading>DISSOLUTION OF AN INACTIVE PUBLIC COMMUNITY COLLEGE DISTRICT</heading><section identifier="/us/state/tx/tac/t19/p1/c8/scC/s8.51"><num value="8.51">§8.51</num><heading>Purpose</heading><content>This subchapter sets out the procedures for dissolution by the Coordinating Board of an inactive community college district which has failed to maintain or establish a community college within three years from the date of its authorization.</content><note type="source"><p>Source Note: The provisions of this §8.51 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scC/s8.52"><num value="8.52">§8.52</num><heading>Authority</heading><content>This subchapter is adopted pursuant to authority in Texas Education Code, §§61.060, 61.061, 61.062, and 130.001.</content><note type="source"><p>Source Note: The provisions of this §8.52 adopted to be effective June 2, 1998, 23 TexReg 5669.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scC/s8.53"><num value="8.53">§8.53</num><heading>Initiation of Consideration of Action</heading><content>(a) An action to dissolve an inactive public community college district may be initiated:(1) by the Commissioner of Higher Education;(2) by petition signed by ten or more voting-eligible citizen residents in the district and delivered to the Commissioner;(3) by a member of the Texas Legislature; or(4) by any other party or individual authorized by the Commissioner.(b) The Commissioner shall provide timely written notice of an action to dissolve an inactive public community college district to the chair of the governing board of the district.</content><note type="source"><p>Source Note: The provisions of this §8.53 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scC/s8.54"><num value="8.54">§8.54</num><heading>Action by the Board</heading><content>(a) At its next scheduled meeting following initiation of an action to dissolve an inactive district, the Coordinating Board may pass a resolution dissolving the inactive public community college district. The resolution must set forth:(1) the legal history of the district, including the date of authorization, period of inactivity, and dissolution;(2) the outstanding obligations of the district, if any, of which the Board has knowledge;(3) the territory of the district; and(4) the cause in dissolution.(b) The resolution dissolving the inactive public community college district shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board or responsible officials of the affected district.</content><note type="source"><p>Source Note: The provisions of this §8.54 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scC/s8.55"><num value="8.55">§8.55</num><heading>Protest; Notice of Protest</heading><content>(a) Written protest of an action to dissolve an inactive public community college district must be delivered to the Commissioner and may be made by:(1) any voting-eligible citizen resident in the inactive district;(2) any person, business, corporation, or governmental body holding bonds, debts, or valid contracts with the district;(3) any member of the Coordinating Board; or(4) any member of the governing board of the inactive district.(b) Notice of protest must be sent to the Commissioner within 30 days after the date of the quarterly Coordinating Board at which the resolution to dissolve the inactive community college district was passed. If no timely protest is received, the resolution shall become final without further Board action on the 31st day after the quarterly board meeting at which the resolution was passed.</content><note type="source"><p>Source Note: The provisions of this §8.55 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scC/s8.56"><num value="8.56">§8.56</num><heading>Action and Order of the Board</heading><content>(a) If a timely protest is made to the Commissioner, the Board shall consider it at its next quarterly meeting following filing of the notice of protest. The Board may:(1) hear cause for not dissolving the district;(2) delay consideration until all affected parties have been heard;(3) abandon consideration of the matter without action; or(4) affirm the dissolution.(b) The Board's decision regarding the protest shall be recorded in the minutes of the meeting and notice of the decision shall be sent by the Commissioner to the party filing the protest and to the chair of the governing board of the district.</content><note type="source"><p>Source Note: The provisions of this §8.56 adopted to be effective June 2, 1998, 23 TexReg 5669.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c8/scD"><num value="D">SUBCHAPTER D</num><heading>FORMATION OF A BRANCH CAMPUS</heading><section identifier="/us/state/tx/tac/t19/p1/c8/scD/s8.71"><num value="8.71">§8.71</num><heading>Purpose</heading><content>This subchapter provides rules and regulations for requesting approval from the Coordinating Board to establish, authorize, and operate a branch campus.</content><note type="source"><p>Source Note: The provisions of this §8.71 adopted to be effective August 23, 1998, 23 TexReg 8427.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scD/s8.72"><num value="8.72">§8.72</num><heading>Authority</heading><content>Texas Education Code, §§61.051(c), 61.053, 61.061, 61.062(c)-(d), 130.001(b)(3)-(4), 130.086, and 130.087, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules to define, establish, and authorize a branch campus and to provide rules and regulations for a public community college district to operate such a campus.</content><note type="source"><p>Source Note: The provisions of this §8.72 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scD/s8.73"><num value="8.73">§8.73</num><heading>Provisions for Conversion of an Out-of-District Extension Center or Extension Facility to a Branch Campus</heading><content>The governing board of a community college district may establish and operate a branch campus through conversion of an extension center or extension facility, provided that each course and program has been approved and is subject to the continuing approval of the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §8.73 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scD/s8.74"><num value="8.74">§8.74</num><heading>Application and Approval Procedures</heading><content>(a) The governing board of a community college district requesting authority to convert an out-of-district center/facility to a branch campus must submit a Letter of Application to the Commissioner.(b) A self-study must be performed by the district to assess whether the proposed branch campus meets the criteria outlined below. The self-study and the extension center or extension facility shall be reviewed by a Board-appointed team, a majority of which should be community college presidents, for the purposes of documenting that it meets the following standards and criteria for quality instruction and support services, as required by the Commission on Colleges of the Southern Association of Colleges and Schools and Coordinating Board rules and regulations:(1) Role and Mission; Purpose. In its program aspects, a branch campus shall be equivalent to a public community college. Therefore, the branch campus must provide:(A) technical programs up to two years in length leading to associate degrees or certificates;(B) vocational programs leading directly to employment in semi-skilled and skilled occupations;(C) freshman and sophomore courses in arts and sciences, including the state-mandated core curriculum;(D) continuing adult education programs for occupational or cultural upgrading;(E) compensatory education programs designed to fulfill the commitment of an admissions policy allowing enrollment of disadvantaged students;(F) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals;(G) work force development programs designed to meet local and statewide needs;(H) adult literacy and other basic skills programs for adults; and(I) such other purposes as may be prescribed by the Coordinating Board or local governing boards in the best interest of postsecondary education in Texas.(2) Programs and Courses. All courses, programs, and degrees shall be offered in the name of the parent district, and shall be subject to the following criteria:(A) Courses and programs must meet the role, mission, and purposes described in paragraph (1) of this subsection.(B) Courses and programs must be developed and operated with the on-going assistance and involvement of the parent district faculty and staff.(C) Instructional faculty credentials, full-time/part-time faculty ratios, teaching loads, faculty performance evaluation and effectiveness, student accessibility to faculty, etc., must be reviewed to ensure that these elements contribute to the quality of courses and programs offered.(3) Description of Staffing Plan. There must be sufficient academic and student support staff to meet the needs of faculty and students at the branch campus.(4) Funding.(A) The branch campus shall be supported either by means of a branch campus maintenance tax as set forth in Chapter 8, Subchapter E, of this title (relating to Branch Campus Maintenance Tax), or by local sources of community and/or economic support.(B) If a local tax is not levied, local sources of support must be furnished at a level sufficient to provide adequate facilities needed at the proposed branch campus location. "Facilities" include the operation and maintenance of the physical plant including any rehabilitation and repairs. Local sources of support may be "in kind."(C) Appropriate accounts which comply with generally accepted accounting principles for the branch campus must be kept and financial reports submitted as required for community college districts.(D) State aid shall be earned according to appropriated formula rates.(5) Regional Higher Education Council Review and Certification. The Regional Higher Education Council within which the proposed branch campus is to be located must review the branch campus request only if the proposed branch campus is within a shared service area designated by statute. Member institutions must discuss the proposal with all Councils affected and the minutes shall reflect the discussions. If appropriate, a recommendation for approval or disapproval shall be submitted to the Commissioner, but shall not be binding on the Commissioner or the Board.(c) The Board's Committee on Institutional Effectiveness and Excellence may conduct one or more public hearings on the proposed branch campus to:(1) assess public sentiment regarding the proposed branch campus;(2) determine whether programs in the proposed branch campus will create unnecessary duplication or seriously harm programs in existing community college districts or other institutions of higher education in the area; and(3) assess the potential impact of the proposed branch campus on existing community colleges or other institutions of higher education in the area and on the State of Texas.(d) After the self-study as outlined in subsection (b) of this section, has been reviewed and a site visit conducted by Board staff, a report from the Board staff shall be submitted to the Commissioner indicating whether the criteria as set out in subsection (b) of this section, have been met. The report shall include a recommendation for approval or denial of the request for the establishment of the proposed branch campus, but shall not be binding on the Commissioner or the Board.</content><note type="source"><p>Source Note: The provisions of this §8.74 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scD/s8.75"><num value="8.75">§8.75</num><heading>Action and Order of the Board</heading><content>(a) Board action on the request for approval for establishment of the branch campus shall be taken at the next regularly scheduled quarterly Board meeting. In making its decision, the Board shall consider the needs of the district, the needs of the community served by the proposed branch campus, the potential impact on other institutions of higher education, and the welfare of the state as a whole.(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board of the community college district.(c) Branch campus designation shall be used only upon approval by the Board.(d) If the Board approves establishment of a branch campus, the governing board of the community college district may accept or acquire by purchase or rent land and facilities in the name of said institution.(e) Board-approved branch campus sites shall be considered as auxiliary locations for the purposes of the Board's distance learning rules and regulations as outlined under Chapter 4, Subchapter E. of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities).</content><note type="source"><p>Source Note: The provisions of this §8.75 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scD/s8.76"><num value="8.76">§8.76</num><heading>Reclassification</heading><content>The Board may withdraw approval for a branch campus whenever the Board(1) approves the establishment of a community college district which includes the site of the branch campus (Such local effort shall be reviewed by the Board according to the criteria as set forth in Subchapter B of this title (relating to the Creation of a Public Community College District) as to the feasibility of establishing a separate community college district),(2) approves the merger of the out-of-district area which includes the site of the branch campus with the parent district, or(3) determines that the community college district has failed to maintain the standards and criteria of Board rules and regulations at the branch campus.</content><note type="source"><p>Source Note: The provisions of this §8.76 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c8/scE"><num value="E">SUBCHAPTER E</num><heading>BRANCH CAMPUS MAINTENANCE TAX</heading><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.91"><num value="8.91">§8.91</num><heading>Purpose</heading><content>This subchapter provides rules and regulations setting out the procedure by which a school district or county may levy a public community college district branch campus maintenance tax. The amount of a branch campus maintenance tax shall not exceed five cents on each $100 valuation of all taxable property in the jurisdiction.</content><note type="source"><p>Source Note: The provisions of this §8.91 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.92"><num value="8.92">§8.92</num><heading>Authority</heading><content>Texas Education Code, §§61.053, 130.001(b)(3)-(4), and 130.087, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for a school district(s) or county(ies) to request authorization from the Board to hold an election to establish and levy a branch campus maintenance tax.</content><note type="source"><p>Source Note: The provisions of this §8.92 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.93"><num value="8.93">§8.93</num><heading>Creation of a Local Steering Committee</heading><content>(a) A local group of citizens interested in establishing a branch campus maintenance tax jurisdiction shall appoint a Steering Committee of at least seven citizens to provide leadership on behalf of the tax effort.(b) The Steering Committee shall be composed of a cross-section of the population of the area, with representation from major civic groups and business and industry. A chair, co-chair, and secretary shall be appointed, along with any other officers who may be of assistance to the committee. Where the proposed branch campus maintenance tax jurisdiction is to be located in an independent school district, the district board of trustees may serve as the Steering Committee.(c) The Steering Committee shall:(1) serve as liaison between the local community, the college district which would operate the branch campus, and the Board;(2) be responsible for conducting a feasibility study and a survey of the needs and potential of the area for a branch campus;(3) provide information to the community which, at a minimum, describes the nature and purpose of a branch campus;(4) summarize and evaluate the results of the feasibility study and survey and formulate conclusions for submission to the Commissioner;(5) prepare and circulate a petition to obtain not fewer than 5.0% of the qualified voters of the proposed branch maintenance tax jurisdiction; and(6) present the appropriately signed petition as set out in §8.30(a) of this title (relating to Legality of the Petition) to appropriate authorities for certification in compliance with Texas Education Code, §130.087.</content><note type="source"><p>Source Note: The provisions of this §8.93 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.94"><num value="8.94">§8.94</num><heading>Application Procedures</heading><content>The Steering Committee and the community college district that is planning the branch campus shall jointly file a Letter of Intent with the Commissioner as soon as practical. The staff of the Board shall offer advice and technical assistance to the Steering Committee under the direction of the Commissioner on procedures and requirements.</content><note type="source"><p>Source Note: The provisions of this §8.94 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.95"><num value="8.95">§8.95</num><heading>Conduct of a Local Feasibility Study and Survey</heading><content>(a) A local feasibility study consisting of a survey of need, potential student clientele, financial ability of the jurisdiction, and other pertinent data must be carried out under the auspices of the Steering Committee and the college which shall operate the branch campus. This feasibility study may be conducted either by the Steering Committee or by professionals.(b) Board staff shall offer advice and technical assistance to the Steering Committee under the direction of the Commissioner. When the feasibility study is conducted by a professional individual or research organization, the Steering Committee shall fully advise the Commissioner prior to initiating the study.(c) The feasibility study shall be made in consultation with the Board staff and, upon completion, be submitted to the Commissioner. The Commissioner, in consultation with Board staff, shall determine if further documentation or clarification is needed to supplement the information presented in the feasibility study.(d) The feasibility study shall be reviewed by the Board, along with other information it deems appropriate, in determining whether the criteria as set out in §8.89 of this title (relating to Standards and Board Procedure for Approval) have been met.</content><note type="source"><p>Source Note: The provisions of this §8.95 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.96"><num value="8.96">§8.96</num><heading>Circulation of a Petition</heading><content>(a) In counties with a population of more than 150,000, the Steering Committee shall be responsible for the circulation of a petition for authorization of an election to levy a public community college branch campus maintenance tax. At a minimum, the petition shall include the maintenance tax limits that shall appear on the ballot in the event an election is authorized. For counties with a population of 150,000 or less or an independent school district within a county with a population of 150,000 or less, no petition to propose an election for a branch campus maintenance tax is required to be submitted to the Board.(b) The petition must incorporate all requirements as set forth in the Texas Election Code, Chapter 277.</content><note type="source"><p>Source Note: The provisions of this §8.96 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective December 26, 1999, 24 TexReg 11321; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.97"><num value="8.97">§8.97</num><heading>Legality of the Petition</heading><content>(a) After the petition has been circulated among the electorate and has been signed by not less than 5.0% of the qualified electors of the proposed branch maintenance tax jurisdiction, the petition shall be presented to the appropriate authorities who have the duty of verifying the legality of the petition.(b) It shall be the duty of the appropriate authorities to pass upon the legality of the petition and the genuineness of the same.</content><note type="source"><p>Source Note: The provisions of this §8.97 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.98"><num value="8.98">§8.98</num><heading>Presentation of a Certified Petition to the Board</heading><content>(a) Upon submission of a petition for an election to authorize a branch campus maintenance tax to a governing body of an independent school district or county, the governing body may propose an election and submit to the Commissioner a feasibility study and survey. Upon approval by the Commissioner, the governing body may enter an order for an election.(b) The governing body of a county with a population of 150,000 or less or an independent school district within a county with a population of 150,000 or less, on completion and approval of the feasibility study and survey by the Commissioner, on its own motion and without presentation and approval of a certified petition to the Board may order an election to authorize a branch campus maintenance tax.(c) The governing body of an independent school district or county notwithstanding subsection (b) of this section, shall present a certified petition to the Commissioner who shall then present it to the Board for approval or disapproval.(d) After the petition and any additional documentation or information are presented to the Commissioner, a minimum of 45 days must elapse between the date on which the petition and supporting documents are received by the Commissioner and the quarterly meeting of the Board when the Board will consider the petition.</content><note type="source"><p>Source Note: The provisions of this §8.98 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective December 26, 1999, 24 TexReg 11321; amended to be effective November 26, 2001, 26 TexReg 9604; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.99"><num value="8.99">§8.99</num><heading>Standards and Board Procedure for Approval</heading><content>(a) The Texas Education Code, §130.087, requires the Board to determine that:(1) the branch campus maintenance tax rate does not exceed five cents on each $100 valuation of all taxable property;(2) a certified petition has been submitted by the appropriate authorities to the Board; and(3) the proposed tax is feasible and desirable.(b) The Board shall apply the following criteria when considering the appropriateness for the levying of a branch campus maintenance tax:(1) Demographic and economic characteristics of the jurisdiction seeking to establish the maintenance tax, such things as:(A) population trends by age group;(B) economic development trends and projection; and(C) employment trends and projection (i.e., supply-demand data).(2) Potential student clientele, including:(A) educational levels by age group; and(B) college-bound data (i.e., trends by age group).(3) The financial status of the proposed jurisdiction to be taxed and the state as a whole, including:(A) any projected growth or decline in the tax base; and(B) trends in state appropriations for community/junior colleges and other institutions of higher education.(4) Projected programs and services for the proposed jurisdiction based on economic and population trends.(5) Proximity and impediments to programs and services to existing institutions of higher education such as:(A) identification of institutions that could be effected by a new branch campus; and(B) documentation of existing programs and services:(i) on the campuses of nearby institutions of higher education;(ii) available to citizens within a 50 mile radius of the proposed jurisdiction; and(iii) offered in the proposed jurisdiction by existing institutions of higher education;(C) financial limitations on existing institutions of higher education inhibiting the offering of programs and services in the proposed jurisdiction;(D) availability of facilities, libraries, and equipment for institutions to offer classes in the proposed jurisdiction;(E) distance and traffic patterns to existing institutions of higher education;(F) effect on enrollments of existing institutions of higher education; and(G) effect on financing of existing institutions of higher education.(c) The Board's Committee on Community and Technical Colleges may conduct one or more public hearings in the proposed jurisdiction to:(1) assess public sentiment regarding the levying of a branch campus maintenance tax;(2) determine whether programs in the proposed jurisdiction would create unnecessary duplication or seriously harm programs in existing community/junior college districts or other institutions of higher education in the area; and(3) assess the potential impact of the proposed jurisdiction on existing community/junior colleges or other institutions of higher education in the area and on the State of Texas.(d) After the self-study has been reviewed and, if applicable, a site visit conducted by the Committee on Community and Technical Colleges and Board staff, a report from the Board staff shall be submitted to the Commissioner indicating whether the criteria as set out in subsection (b) of this section have been met. The report shall include a recommendation for approval or denial of the request for approval to hold an election to levy a branch campus maintenance tax, but shall not be binding on the Commissioner or the Board.</content><note type="source"><p>Source Note: The provisions of this §8.99 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.100"><num value="8.100">§8.100</num><heading>Action and Order of the Board</heading><content>(a) Board action on the request for approval to hold an election to levy a branch campus maintenance tax shall be taken at the next quarterly Board meeting. In making its decision, the Board shall consider the needs of the community/junior college and the district, the needs of the community or communities served by the branch campus maintenance tax jurisdiction, and the welfare of the state as a whole.(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board of the community/junior college district.</content><note type="source"><p>Source Note: The provisions of this §8.100 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.101"><num value="8.101">§8.101</num><heading>Calling the Election</heading><content>(a) If the Board approves the establishment of the branch campus maintenance tax, the governing body of the school district or county shall enter an order for an election to be held in the territory under its jurisdiction not less than 20 days nor more than 60 days after the date on which the order is entered to determine whether the branch campus maintenance tax may be levied. In the case of the joint school district or joint county elections, by mutual agreement of the governing bodies, the elections shall be held on the same date throughout the jurisdictions.(b) The president of the governing board of the school district or the county judge, as applicable, shall give notice of the election in the manner provided by law for notice by the county judge of general elections.</content><note type="source"><p>Source Note: The provisions of this §8.101 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.102"><num value="8.102">§8.102</num><heading>Election</heading><content>A majority of the electors in the proposed branch campus maintenance tax jurisdiction voting in the election shall determine the question of the creation of the branch campus maintenance tax jurisdiction submitted in the order.</content><note type="source"><p>Source Note: The provisions of this §8.102 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scE/s8.103"><num value="8.103">§8.103</num><heading>Resubmission of Applications</heading><content>Should an election to create a branch campus maintenance tax jurisdiction fail, a period of 12 months must elapse before resubmission of the proposition to the Board. The Board shall require a strong showing of need and unusual circumstances before approving resubmission before the 12 months have elapsed.</content><note type="source"><p>Source Note: The provisions of this §8.103 adopted to be effective June 2, 1998, 23 TexReg 5670.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c8/scF"><num value="F">SUBCHAPTER F</num><heading>CONSERVATORSHIP OF A PUBLIC COMMUNITY COLLEGE DISTRICT</heading><section identifier="/us/state/tx/tac/t19/p1/c8/scF/s8.121"><num value="8.121">§8.121</num><heading>Purpose</heading><content>This subchapter outlines the procedures the Coordinating Board shall use with regard to the conservatorship of a public community college.</content><note type="source"><p>Source Note: The provisions of this §8.121 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scF/s8.122"><num value="8.122">§8.122</num><heading>Authority</heading><content>Texas Education Code, §§61.051(b)(c)(e), 61.053, 61.060, 61.061, 61.062, and 130.001 and the Government Code, §2104.031, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for action concerning the conservatorship of a public community college when requested by the Governor and upon the advice and assistance of the State Auditor.</content><note type="source"><p>Source Note: The provisions of this §8.122 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scF/s8.123"><num value="8.123">§8.123</num><heading>Mismanagement Finding; Conservatorship Order</heading><content>(a) On the Governor's request the Coordinating Board, with the advice and assistance of the State Auditor, shall determine if a condition of gross fiscal mismanagement exists at a public community college.(1) When a condition of gross fiscal mismanagement is suspected, the Board shall appoint a delegation to investigate the fiscal condition of the public community college in question. The delegation shall include members of the Committee on Institutional Effectiveness and Excellence and Board staff. The Board shall request assistance from the State Auditor's Office to include one of its staff members as a member of the delegation.(2) Based upon its review of the public community college in the matter of gross fiscal mismanagement, the delegation as set out in paragraph (1) of this subsection shall make a report to the Commissioner to include, if appropriate, a recommendation concerning conservatorship.(3) The Commissioner shall make a report and recommendation concerning conservatorship to the Board for its consideration at the next quarterly Board meeting.(b) If the Board finds a condition of gross fiscal mismanagement of a public community college, the Governor, by proclamation, may appoint a conservator as defined in the Texas Government Code, §2401.001 to act as conservator of the college.</content><note type="source"><p>Source Note: The provisions of this §8.123 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective February 23, 2000, 25 TexReg 1369; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c8/scF/s8.124"><num value="8.124">§8.124</num><heading>Compensation of a Conservator</heading><content>(a) A conservator appointed by the Governor to act in this capacity is entitled to receive a salary for performing those duties that is equal to the salary of the chief administrative office of the public community college under conservatorship, as well as reimbursement of other reasonable and necessary expenses incurred by the conservator.(b) The public community college under conservatorship shall pay the salary and other reasonable and necessary expenses of the conservator from money appropriated or otherwise available to the institution, except to the extent that money to pay the salary is specifically appropriated or made available through the budget execution process for that purpose.</content><note type="source"><p>Source Note: The provisions of this §8.124 adopted to be effective February 23, 2000, 25 TexReg 1369; amended to be effective May 25, 2004, 29 TexReg 5061.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c9"><num value="9">CHAPTER 9</num><heading>PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c9/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c9/scA/s9.1"><num value="9.1">§9.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic associate degree--An associate degree that will satisfy the lower-division requirements for a baccalaureate degree in a specific discipline.(2) Academic courses--Semester credit courses included or allowed under the provisions of the Lower-Division Academic Course Guide Manual designed for college transfer to institutions of higher education in completion of associate and baccalaureate degree programs.(3) Applied associate degree--An associate degree intended to lead directly to employment following graduation and may satisfy the lower-division requirements for a baccalaureate degree in a specific discipline.(4) Associate degree program--A grouping of courses designed to lead the individual directly to employment in a specific career or to transfer to an upper-level baccalaureate program. This specifically refers to the associate of arts (AA), associate of science (AS), associate of applied arts (AAA), associate of applied science (AAS), and the associate of occupational studies (AOS) degrees. The term "applied" in an associate degree name indicates a program designed to qualify students for immediate employment.(5) Career Technical/Workforce program--An applied associate degree program or a certificate program for which semester credit hours, quarter credit hours, or continuing education units are awarded and which is intended to prepare students for immediate employment or a job upgrade in a specific occupation.(6) Board or Coordinating Board--The Texas Higher Education Coordinating Board.(7) Certificate program--Workforce programs designed for entry-level employment or for upgrading skills and knowledge within an occupation. Certificate programs serve as building blocks and exit points for AAS degree programs.(8) Commissioner of Higher Education or Commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.(9) Compelling Academic Reason--A justification for an associate's degree program consisting of more than 60 semester credit hours. Acceptable justifications may include, but are not limited to, programmatic accreditation requirements, statutory requirements, and requirements for licensure/certification of graduates.(10) Concurrent course credit--See "Dual credit."(11) Continuing education unit or CEU--Ten (10) contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as outlined in the Guidelines for Instructional Programs in Workforce Education.(12) Contract instruction--Postsecondary workforce education and training in which specific instruction is provided by a public two-year college or a non-Southern Association of Colleges and Schools Commission on Colleges (SACSCOC)-accredited organization to a contracting entity. This arrangement is utilized when conventional methodology or instructional systems are difficult or impossible to obtain.(13) Contractual agreements--Agreements or contracts between public two-year colleges and one of the following:(A) a non-SACSCOC-accredited organization, for postsecondary instructional services that could not be offered otherwise;(B) a public secondary school, for instructional services that could not be offered otherwise; or(C) another SACSCOC-accredited institution of higher education, whether public or independent.(14) Developmental courses--Courses designed to correct academic deficiencies and bring students' skills to an appropriate level for entry into college.(15) Distance education--Classes in which the majority of the instruction occurs when the student and instructor are not in the same physical setting. A class is considered a distance education class if students receive more than one-half of the instruction at a distance. Distance education can be delivered synchronously or asynchronously to any single or multiple location(s):(A) other than the main campus of a senior institution (or "on campus"), where the primary office of the chief executive officer of the campus is located;(B) outside the boundaries of the taxing authority of a community college district; or(C) via instructional telecommunications to any other distance location, including electronic delivery of all types.(16) Dual credit--A process by which a high school student enrolls in a college course and receives simultaneous academic credit for the course from both the college and the high school. While dual credit courses are often taught on the secondary school campus to high school students only, §4.84 of this title (relating to Institutional Agreements) and §4.85 of this title (relating to Dual Credit Requirements), also apply when a high school student takes a course on the college campus and receives both high school and college credit. Dual credit is also referred to as concurrent course credit; the terms are equivalent. However, dual (or concurrent) enrollment refers to a circumstance in which a student is enrolled in more than one educational institution (including a high school and a college).(17) Governing board--The body charged with policy direction of any public community college district, the technical college system, public state college, public senior college or university, career school or college, or other educational agency including but not limited to boards of directors, boards of regents, boards of trustees, and independent school district boards.(18) Governing board, Tech-Prep consortium--Consists at a minimum of representatives of each educational entity that participates in a Tech-Prep consortium which determines the policies and operations of the Tech-Prep consortium in accordance with its written by-laws and fiscal agency and personnel agreements. A representative may represent multiple entities as agreed upon by the participating consortium members.(19) Guidelines for Instructional Programs in Workforce Education (GIPWE)--A Coordinating Board-approved publication containing policies and procedures related to the design, development, proposal, approval, operation, and evaluation of career technical/workforce education courses and programs for Texas public institutions of higher education and career schools and colleges.(20) Independent institution of higher education--A private or independent college or university that is:(A) organized under the Texas Non-Profit Corporation Act;(B) exempt from taxation under Article V, §2, of the Texas Constitution and §501(c)(3) of the Internal Revenue Code; and(C) accredited by the SACSCOC.(21) Lower-Division Academic Course Guide Manual (ACGM)--A Coordinating Board-approved publication listing academic courses that public two-year colleges can teach and report for contact hour reimbursement from state appropriations without special approval from the Board.(22) Public community college--Any public junior college or public community college as defined in Texas Education Code, §61.003 and §130.005, and whose role, mission, and purpose is outlined in Texas Education Code, §130.0011 and §130.003.(23) Public two-year college--Any public junior college, public community college, public technical institute, or public state college as defined in Texas Education Code, §61.003.(24) Related-instruction--Relates to §9.27 of this title (relating to Related-Instruction for Apprenticeship Programs), organized off-the-job classroom instruction in theoretical or technical subjects required for the completion of an apprenticeship program.(25) Remedial and compensatory--All courses designated as developmental or remedial in the Lower-Division Academic Course Guide Manual. These courses are designed to address academic deficiencies and may not be offered for college degree credit.(26) Remedial courses--Courses for high school students designed to correct academic deficiencies and bring students' skills to an appropriate level for graduation from high school.(27) Voluntary statewide transfer compact--A set of courses, up to the level of an academic associate degree, that will satisfy the lower-division requirements of a baccalaureate degree in a specific discipline. A voluntary statewide transfer compact must:(A) have the same rigor and content as the equivalent course work in the baccalaureate program offered at a general academic teaching institution;(B) minimize the time and course work required to complete a baccalaureate degree;(C) be consistent with the common course numbering system approved by the Board and the recommendations and rules of the Board; and(D) include only course work directly applicable to the requirements of the baccalaureate degree program(s) with which it is associated.(28) Technical courses or programs--Workforce education courses or programs for which semester/quarter credit hours are awarded.(29) Tech-Prep consortium--A collaboration of educational entities and, at local option, employer and labor organizations, and universities defined in the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended, and the Texas Education Code, Chapter 61, Subchapter T, Tech-Prep Education, which work together to implement a tech-prep program.(30) Unique need academic course--An academic course created by a two-year college to meet a specific lower-division requirement of a baccalaureate degree program that cannot be met by an existing course in the Lower Division Academic Course Guide Manual.(31) Workforce continuing education course--A course offered for continuing education units (CEUs) with an occupationally specific objective and supported by state funding. A career technical/workforce continuing education course differs from a community service course offered for recreational or a vocational purposes and is not supported by state funding.(32) Workforce education--Career technical/workforce courses and programs for which semester/quarter credit hours and/or continuing education units are awarded. Career technical/workforce education courses and programs prepare students for immediate employment or job upgrade within specific occupational categories.(33) Workforce Education Course Manual (WECM)--An online database composed of the Coordinating Board's official statewide inventory of career technical/workforce education courses available for two-year public colleges to use in certificate and associate degree programs.</content><note type="source"><p>Source Note: The provisions of this §9.1 adopted to be effective May 25, 2004, 29 TexReg 5065; amended to be effective November 25, 2009, 34 TexReg 8322; amended to be effective May 24, 2011, 36 TexReg 3185; amended to be effective November 29, 2011, 36 TexReg 8013; amended to be effective November 24, 2013, 38 TexReg 8437; amended to be effective September 4, 2014, 39 TexReg 6845.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c9/scD"><num value="D">SUBCHAPTER D</num><heading>TRANSFERABLE ACADEMIC COURSES</heading><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.71"><num value="9.71">§9.71</num><heading>Purpose</heading><content>This subchapter provides rules and procedures for the approval and continuation of academic courses for public two-year colleges eligible for state appropriations.</content><note type="source"><p>Source Note: The provisions of this §9.71 adopted to be effective May 25, 2004, 29 TexReg 5067.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.72"><num value="9.72">§9.72</num><heading>Authority</heading><content>The Texas Education Code, §§61.051(g), 61.053, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3)-(4), and 130.003(e)(3), authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the coordination of transferable academic courses eligible for state appropriations.</content><note type="source"><p>Source Note: The provisions of this §9.72 adopted to be effective May 25, 2004, 29 TexReg 5067.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.73"><num value="9.73">§9.73</num><heading>General Provisions</heading><content>(a) State funding shall be provided for lower-division academic courses at public community colleges, public technical colleges, or public state colleges if such courses:(1) are approved for inclusion in the Lower-Division Academic Course Guide Manual (ACGM);(2) have been reviewed and approved by Board staff in accordance with the criteria for unique need courses; and(3) are consistent with the Texas Common Course Numbering System (TCCNS).(b) An advisory committee established by, and in accordance with, Board rules Chapter 1, Subchapter P, §§1.192 - 1.198 of this title (relating to Lower-Division Academic Course Guide Manual Advisory Committee), shall recommend to the Board appropriate courses to be added to, revised, or deleted from the ACGM, as well as their proper assignment of Texas common course numbers. The Coordinating Board staff shall provide the committee with information regarding course enrollments, frequency of offerings, transferability, and other relevant information for the purpose of considering revisions to the ACGM.(c) Procedures for revising the ACGM.(1) Addition of courses. A new course may be approved by Board staff for inclusion in the ACGM if there is sufficient documented need for the course. In order to make recommendations to Board staff on course additions, the ACGM advisory committee may consider the following information:(A) Unique need approval history. The unique need course has been offered frequently for three or more years with adequate enrollments;(B) A course to be added to the ACGM must either satisfy a discipline-specific requirement in the major, or satisfy a prerequisite requirement of the major, of a baccalaureate program at five or more Texas public universities;(C) Frequency of similar course offerings at the lower-division level at Texas public universities;(D) Letters of support from five or more community colleges, public technical colleges, or public state colleges indicating those colleges would utilize the course if it was added to the ACGM;(E) Course descriptions and learning outcomes;(F) Application to the TCCNS. Approval may be contingent upon the assignment of a common course number;(G) Information provided from appropriate academic, professional, credentialing or accrediting organizations; and(H) Other information provided by Coordinating Board Staff.(2) Deletion of courses. Courses offered by three or fewer community colleges, public technical colleges, or public state colleges during the previous academic year, or courses which have been rendered obsolete by changes in the discipline, will be reviewed by the committee for deletion unless other factors indicate a need to retain such courses.(3) Revisions to courses in the ACGM may be considered upon request of a sponsoring institution; by information provided from appropriate academic, professional, credentialing or accrediting organizations; or by Board staff.(4) Courses in a Board-approved field of study curriculum as outlined under §4.32 of this title (relating to Field of Study Curricula), or a statewide transfer compact shall automatically be added to the ACGM.</content><note type="source"><p>Source Note: The provisions of this §9.73 adopted to be effective May 25, 2004, 29 TexReg 5067; amended to be effective November 29, 2011, 36 TexReg 8013; amended to be effective December 2, 2013, 38 TexReg 8667.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.74"><num value="9.74">§9.74</num><heading>Unique Need Courses</heading><content>(a) An academic course may be approved for unique need if it meets the following criteria:(1) The course must have college-level rigor. A course designed to meet a community service, leisure, career/technical, or avocational need is inappropriate for unique need approval.(2) The course must be freshman or sophomore level. Upper-division courses shall not be approved for unique need. For purposes of this subchapter, a course may be considered to be lower-division if a majority of the public universities in Texas offering an equivalent course classify it as lower-division in their catalogs.(3) The course must be acceptable for transfer and apply toward baccalaureate degree requirements at a minimum of three Texas public universities. If a university's degree program requirements could be satisfied by an existing course in the ACGM, then that university cannot count as one of the required three.(4) An exception may be granted for a unique need course that transfers to a single university if the college documents that its students transfer to that university on a yearly basis into a discipline-specific major of which the course is a required component, and the course is part of a current, documented articulation agreement between the two-year college and the university. The articulation agreement documentation must demonstrate that the course is a degree program requirement and not merely an option or elective.(b) Procedures for unique need approval.(1) The application for each unique need course submitted must be accompanied by a statement of need for the course and a syllabus which includes a course description, detailed course outline, and objectives. Except as specified in subsection (a)(4) of this section, the application must be accompanied by documentation from universities that clearly indicate the basis for transferability of the course as a degree program requirement.(2) Once approved, a unique need course shall be placed on the college inventory for three years. Colleges must reapply for approval of unique need courses every three years.(3) If an institution is seeking re-approval of a course previously approved for unique need, the institution must submit, in addition to the requirements listed in paragraph (1) of this subsection, the number of students who transferred in the last three years to the specific baccalaureate program(s) for which the unique need permission was requested.(c) Courses listed in the ACGM but offered for a greater number of contact hours or semester credit hours than specified must be submitted for unique need approval.(d) Unique need courses which have been offered at public community colleges, public technical colleges, or public state colleges in different geographic regions of the state may be recommended for addition to the ACGM upon request of a sponsoring institution.(e) Unique need courses may not be included in an institution's core curriculum.(f) Community Colleges that have been approved by the Board to offer one or more Applied Baccalaureate degree programs may request authorization to offer courses in support of those degrees under the following provisions:(1) The course must be a degree program requirement of one or more Applied Baccalaureate degree programs approved by the Board for the requesting college.(2) The course must be upper division.(3) The request must include a completed "Applied Baccalaureate Course Proposal" form and must be submitted on a schedule set by the Board.(4) Any college approved to offer an Applied Baccalaureate course must notify the Board of any significant changes to the course, including its semester credit hour value, contact hour value, title, or CIP code, prior to offering the revised course to students in order to continue to receive state funding for the course.</content><note type="source"><p>Source Note: The provisions of this §9.74 adopted to be effective May 25, 2004, 29 TexReg 5067; amended to be effective November 29, 2011, 36 TexReg 8013; amended to be effective May 26, 2013, 38 TexReg 3342.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.75"><num value="9.75">§9.75</num><heading>Compensatory (Including Developmental and Remedial) Education Courses</heading><content>Developmental/remedial courses approved for two-year college instruction and eligible for state funding are listed in the Lower-Division Academic Course Guide Manual. Such courses should be used to support both academic and workforce education programs as appropriate.</content><note type="source"><p>Source Note: The provisions of this §9.75 adopted to be effective May 25, 2004, 29 TexReg 5067; amended to be effective September 4, 2014, 39 TexReg 6846.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.76"><num value="9.76">§9.76</num><heading>Utilization of Compensatory (Including Developmental and Remedial) Education Courses to Satisfy Degree Requirements</heading><content>Courses designated as compensatory in the Lower-Division Academic Course Guide Manual may not be used to satisfy degree requirements. Such courses may be used as corequisites or prerequisites for degree courses as determined by local institutions.</content><note type="source"><p>Source Note: The provisions of this §9.76 adopted to be effective May 25, 2004, 29 TexReg 5067.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.77"><num value="9.77">§9.77</num><heading>Notification to Students of Possible Lower-Division Transfer Limitations</heading><content>(a) Two-year public colleges shall notify students who intend to transfer to baccalaureate degree programs of possible limitations on lower-division course work that may be applied toward a baccalaureate degree program at a general academic teaching institution.(b) Notification to students must occur no later than the semester or term during which the student is expected to accumulate the 39th semester credit hour of academic course work.(c) The notification shall include §4.25(f) of this title (relating to Requirements and Limitations) and may include additional transfer information that will help students make informed decisions about coursework.(d) Colleges may notify students either through the mail or through electronic means targeted directly at affected students such as electronic mail, pop-up notices on an electronic registration or advising page, or information included in the student's grade report.(e) Listing the information on lower-division transfer limits in the institution's catalog, while strongly recommended, is not sufficient to satisfy the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §9.77 adopted to be effective May 25, 2004, 29 TexReg 5067; amended to be effective November 29, 2011, 36 TexReg 8013.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scD/s9.80"><num value="9.80">§9.80</num><heading>Disapproval of Courses; Noncompliance</heading><content>No funds appropriated to any public two-year college may be expended for any unique need course which has not been approved by the Board staff.</content><note type="source"><p>Source Note: The provisions of this §9.80 adopted to be effective May 25, 2004, 29 TexReg 5067.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c9/scG"><num value="G">SUBCHAPTER G</num><heading>CONTRACTUAL AGREEMENTS</heading><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.121"><num value="9.121">§9.121</num><heading>Purpose</heading><content>This subchapter shall provide rules and regulations to enable public two-year colleges to enter into contractual agreements with other institutions of higher education or non-Southern Association of Colleges and Schools Commission on Colleges (SACSCOC)-accredited organizations (which include but are not limited to public secondary schools and business and industry) to improve the articulation, quality, and efficiency of educational programs and services.</content><note type="source"><p>Source Note: The provisions of this §9.121 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective September 4, 2014, 39 TexReg 6846.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.122"><num value="9.122">§9.122</num><heading>Authority</heading><content>The Texas Education Code, Subchapter N of Chapter 51, and §§51.923, 61.051(o), 61.053, 61.054, 61.055, 61.060, 61.061, 61.062, 61.064, 61.067, 130.001(b)(3)-(4), 130.006, 130.008, and 130.090, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the public two-year colleges to enter into agreements with other entities to provide for appropriate educational services.</content><note type="source"><p>Source Note: The provisions of this §9.122 adopted to be effective May 25, 2004, 29 TexReg 5069.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.123"><num value="9.123">§9.123</num><heading>General Provisions</heading><content>(a) General enrollment or contract training courses that are non-credit and do not result in the award of CEUs are not eligible for any state apportionment funding, but a two-year college is free to market such non-credit or non-CEU training to business, industry, and government at whatever rate can be negotiated with the contracting organization. Exceptions regarding programs serving incarcerated students must be submitted to the Coordinating Board staff for review and approval.(b) Courses earning CEUs shall be subject to the guidelines published by the SACSCOC as a condition of eligibility for state appropriations.(c) All student enrollments for semester hour credit are subject to the provisions of the Texas Success Initiative as applicable.(d) Public two-year colleges providing courses to organizations for which semester hour credits or CEUs are earned must charge out-of-state tuition to non-resident students who are brought from out of state for such contract courses.</content><note type="source"><p>Source Note: The provisions of this §9.123 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective September 4, 2014, 39 TexReg 6846.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.124"><num value="9.124">§9.124</num><heading>Contractual Agreements for Instruction with Non-SACSCOC-Accredited Organizations Other than Public Secondary Schools</heading><content>(a) General Policy Guidelines.(1) Contractual agreements for instruction by public two-year colleges with non-SACSCOC accredited organizations must comply with all current guidelines of the SACSCOC.(2) Courses and programs offered under contractual agreements must be consistent with the educational purpose, mission, and goals of the institution.(3) Courses and programs offered and eligible for state appropriations must remain under the sole and direct control of the sponsoring public two-year college.(b) Regulations.(1) Board Approval.(A) All programs and courses must be approved through the established procedures of the Board.(B) Requirements. Courses offered must remain under the sole and direct control of the sponsoring public two-year college which exercises ultimate and continuing responsibility for the performance of the functions reflected in the contract. Instructors of courses must meet qualifications as stipulated by the public two-year college. The public two-year college must employ at least one full-time faculty member per degree program and specify in the contract the institutional procedures by which the contracted courses or programs meet the standards of regular programs as disclosed fully in the publications of the institution, specifically including the following:(i) recruitment and counseling of students;(ii) admission of students to courses and/or to the sponsoring institution where certificate and associate degree programs are pursued;(iii) development and evaluation of the curriculum;(iv) evaluation of student progress;(v) record keeping;(vi) tuition and/or fee charges, receipts and disbursement of funds, and refund policy;(vii) appointment, supervision, and evaluation of faculty; and(viii) instruction and learning resources.(2) The Contractual Agreement.(A) The contractual agreement must be executed by designated officers of the public two-year college and their counterparts in the contracting organization.(B) The contractual agreement shall establish a definite understanding between the public two-year college and the contracting agency to include each of the items required by this subsection.(C) The agreement shall specify the work to be performed, the period of the agreement, and the conditions under which any renewal or renegotiation must occur.</content><note type="source"><p>Source Note: The provisions of this §9.124 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective September 4, 2014, 39 TexReg 6846.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.125"><num value="9.125">§9.125</num><heading>Contractual Agreements for Instruction with Public Secondary Schools</heading><content>(a) General Policy Guidelines.(1) Public two-year colleges may contract to provide instruction for public secondary schools.(2) Provision of instruction for public secondary schools by public two-year colleges must be in accordance with rules and guidelines established by the State Board of Education.(3) Instruction provided under a contractual agreement under this section may include only coursework necessary for students to complete high school. It does not apply to early admission programs for high school students entering college.(b) Regulations.(1) Instructors in contract programs with public secondary schools must meet qualifications required by the public two-year college as well as the minimum guidelines approved by the State Board of Education.(2) An agreement between the public two-year college and the public secondary school must be approved by both governing boards.(3) Funding for this type of instruction must flow to the public secondary school as the contracting agency. An agreed cost for instruction must be negotiated between the public two-year college and the public secondary school.</content><note type="source"><p>Source Note: The provisions of this §9.125 adopted to be effective May 25, 2004, 29 TexReg 5069.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.126"><num value="9.126">§9.126</num><heading>Contractual Agreements for Instruction with Other SACSCOC-Accredited Institutions of Higher Education</heading><content>(a) Public two-year colleges may enter into cooperative undertakings or contractual agreements with other Texas' public two-year colleges as permitted by state law.(b) Public two-year colleges may enter into cooperative undertakings or contractual agreements with other Texas public institutions of higher education as part of a multi-institution teaching center as outlined under Chapter 5, Subchapter D, §5.78 of this title (relating to Supply/Demand Pathway) or other partnership agreements on a shared-cost basis as permitted by state law.(c) Public two-year colleges may enter into cooperative undertakings or contractual agreements with SACSCOC-accredited independent institutions of higher education as part of a multi-institution teaching center as outlined under Chapter 5, Subchapter D, §5.78 of this title (relating to Supply/Demand Pathway) or other partnership agreements on a shared-cost basis as permitted by state law.</content><note type="source"><p>Source Note: The provisions of this §9.126 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective September 4, 2014, 39 TexReg 6846.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.127"><num value="9.127">§9.127</num><heading>Reporting to the Board</heading><content>Contact hours for contract instruction eligible for state appropriations must be determined and reported in compliance with state law and Board rules and policy.</content><note type="source"><p>Source Note: The provisions of this §9.127 adopted to be effective May 25, 2004, 29 TexReg 5069.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c9/scG/s9.128"><num value="9.128">§9.128</num><heading>Disapproval of Courses; Noncompliance</heading><content>No funds appropriated to any public two-year college may be expended for any course which has not been approved by the Commissioner, even if such course is taught under a contractual agreement.</content><note type="source"><p>Source Note: The provisions of this §9.128 adopted to be effective May 25, 2004, 29 TexReg 5069.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c10"><num value="10">CHAPTER 10</num><heading>GRANT PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.1"><num value="10.1">§10.1</num><heading>Purpose and Authority</heading><content>(a) Purpose. This subchapter establishes general procedures to administer grants not otherwise administered in Part 1 of Title 19.(b) Authority. The authority for this subchapter is found in Texas Education Code, §§61.035 and 61.051(a)(5), which provide the Coordinating Board with the authority to administer and monitor distribution of grant funds.</content><note type="source"><p>Source Note: The provisions of this §10.1 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.2"><num value="10.2">§10.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Announcement--A public announcement of a Coordinating Board-administered grant opportunity.(2) Application--The document(s) submitted in response to a RFA or other notice of a grant funding opportunity which include but are not limited to a budget and project description.(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(4) Commissioner--The Texas Commissioner of Higher Education.(5) Competitive Grants--A type of grant program where grant funds are awarded to the most qualified eligible applicants based on the criteria set forth in the RFA.(6) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(7) Grant Agreement--A legal instrument of financial assistance between the Coordinating Board and a grantee to transfer grant funds in accordance with state law, federal law, and the General Appropriations Act, as applicable, and to set forth the terms and conditions of the grant award.(8) Non-competitive Grants--A type of grant program where grant funds are awarded by the Coordinating Board to an eligible applicant pursuant to a formula, allotment, or other directive of the General Appropriations Act or state law.(9) Notice of Grant Award (NOGA)--An official legal document used in conjunction with a RFA that notifies an entity of a grant award, provides the terms of the award, and is legally binding upon full execution.(10) Request for Applications (RFA)--A type of solicitation notice in which the Coordinating Board announces available competitive grant funding, sets forth the eligibility and terms and conditions governing the grant program, provides evaluation criteria for submitted applications, and provides instructions for an eligible entity to submit an application for such competitive funding.</content><note type="source"><p>Source Note: The provisions of this §10.2 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.3"><num value="10.3">§10.3</num><heading>Competitive Grant Process</heading><content>(a) The Coordinating Board shall publish an RFA for competitive grant programs.(b) The RFA shall set forth the eligibility criteria for the grant program.(c) The Coordinating Board shall review submitted applications for completeness and eligibility.(d) The Coordinating Board shall objectively evaluate complete and eligible applications based on the evaluation criteria set forth in the RFA. The Coordinating Board may use external evaluators for evaluation purposes.(e) The Coordinating Board will base a grant award on the criteria set forth in the RFA.(f) Prior to the full execution of a NOGA, the Commissioner may adjust the size of an award to a grantee to best fulfill the purpose of the grant program and RFA.(g) Before the Board releases funds, the grantee and the Coordinating Board must fully execute a NOGA.</content><note type="source"><p>Source Note: The provisions of this §10.3 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.4"><num value="10.4">§10.4</num><heading>Non-competitive Grant Process</heading><content>(a) The Coordinating Board shall publish an announcement for a non-competitive grant program that provides information on eligibility requirements and application requirements in accordance with state law or federal law and the General Appropriations Act, as applicable.(b) The Coordinating Board shall review each submitted application for completeness and eligibility.(c) The Coordinating Board will base each grant award on the allocation methodology set forth in the announcement.(d) The Commissioner may adjust the allocation methodology or grant award amount to best fulfill the purpose of the grant program and as authorized by state law or federal law and the General Appropriations Act.(e) Before the Coordinating Board releases funds, the grantee and the Coordinating Board must fully execute a grant agreement.</content><note type="source"><p>Source Note: The provisions of this §10.4 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.5"><num value="10.5">§10.5</num><heading>Grant Awards</heading><content>(a) The amount of funding available for a grant program is dependent on legislative appropriation for the program for each biennial state budget.(b) Each grant award shall be subject to Coordinating Board approval pursuant to §1.16 of this title (relating to Contracts, Including Grants, for Materials and/or Services).(c) A grantee may only use grant funds on the reasonable and necessary costs of the grant program as specified in the RFA or grant agreement.(d) A grantee must comply with all applicable state and federal statutes, regulations, and standards pertaining to the grant program, including but not limited to the Uniform Grant Guidance and the Texas Grant Management Standards.(e) The Coordinating Board may advance a grant award or provide advancement in periodic installments to a grantee if necessary for the success of the funded project, subject to grantee's prior compliance with past Coordinating Board monitoring requirements, compliance with state and federal laws pertaining to grant awards and financial monitoring, and the terms and conditions of prior Coordinating Board-administered grant programs.(f) Grantee shall return all unobligated grant funds to the Coordinating Board no later than thirty (30) days from the grant termination date.</content><note type="source"><p>Source Note: The provisions of this §10.5 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.6"><num value="10.6">§10.6</num><heading>Reporting</heading><content>(a) Grantee must file program and expenditure reports to the Coordinating Board in the format required by the Coordinating Board by the deadlines set forth in the RFA, grant agreement, or NOGA as applicable.(b) The Commissioner may withhold or reduce a grant award for failure to meet reporting requirements.</content><note type="source"><p>Source Note: The provisions of this §10.6 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.7"><num value="10.7">§10.7</num><heading>Compliance</heading><content>(a) The Coordinating Board may conduct compliance monitoring or audits of a grantee as a condition of accepting a grant award.(b) To avoid duplication of effort and assist the Coordinating Board in identifying risk, a Grantee's internal auditor shall notify the Coordinating Board of any audits conducted by the grantee's internal or external auditor involving grant funds allocated or administered by the Coordinating Board or reports submitted to the Coordinating Board pursuant to §10.6 of this subchapter (relating to Reporting).(c) The Coordinating Board may impose additional monitoring requirements on a grantee's use of grant funds as a result of audit, compliance monitoring or other discovery of reporting deficiencies. (d) The Coordinating Board may impose a reimbursement payment schedule on a grantee's use of grant funds as a result of audit, compliance monitoring, or other discovery of reporting deficiencies.</content><note type="source"><p>Source Note: The provisions of this §10.7 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scA/s10.8"><num value="10.8">§10.8</num><heading>Additional Requirements</heading><content>(a) Unless otherwise prohibited by state law, the Commissioner has the right to reject all applications and cancel a grant solicitation. (b) If the Coordinating Board determines that a data reporting error or any other error resulted in an overallocation of grant funds to the grantee, the Coordinating Board shall use any method authorized under statute or Board rules to make a funding adjustment necessary to correct the over-allocation.(c) If the Coordinating Board determines that a grantee obligated or expended grants funds on costs prohibited or unauthorized by law, regulations or the terms and conditions of the grant award, the Coordinating Board shall notify the grantee not later than sixty (60) business days from the grant termination date. This notification must contain the amount of the prohibited obligation or expenditure and the basis for the determination.(d) The grantee may submit a written appeal to the Commissioner within thirty (30) business days of receiving notification of the prohibited or unauthorized expenditures. The grantee may attach any data or other written documentation that supports its appeal. The Commissioner shall review the appeal and determine in his or her sole discretion whether to affirm, deny, or modify the determination of prohibited or unauthorized obligation or expenditure within thirty (30) business days of receipt.(e) If the grantee does not appeal or the Commissioner affirms the determination that prohibited or unauthorized grant obligations or expenditures occurred, the grantee shall reimburse the Coordinating Board in an amount equal to the prohibited or unauthorized obligation or expenditure.</content><note type="source"><p>Source Note: The provisions of this §10.8 adopted to be effective May 15, 2025, 50 TexReg 2785.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scB"><num value="B">SUBCHAPTER B</num><heading>FAMILY PRACTICE RESIDENCY PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.50"><num value="10.50">§10.50</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement the Family Practice Residency Program to administer awards to Texas medical schools, licensed hospitals, or nonprofit corporations aimed to increase the number of physicians selecting family practice as their medical specialty and to fulfill the goal of increasing access to medical care in medically underserved communities in Texas. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.</content><note type="source"><p>Source Note: The provisions of this §10.50 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.51"><num value="10.51">§10.51</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, §§61.501 - 61.506.</content><note type="source"><p>Source Note: The provisions of this §10.51 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.52"><num value="10.52">§10.52</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Advisory Committee--The Family Practice Residency Advisory Committee as created and described in Texas Education Code §61.505.(2) Approved Family Practice Residency Program--A family practice residency program, as described in Texas Education Code, §61.501(2).(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(4) Commissioner--The Texas Commissioner of Higher Education.(5) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board and its staff.(6) Faculty Support Grant--An annual, renewable grant to support an ongoing statewide program to encourage research and leadership development of faculty of Texas family practice residency programs. The advisory committee may recommend funding amounts for faculty support grants.(7) Medical school--An eligible medical institution as identified in Texas Education Code, §61.501(1).(8) Medically Underserved--Patient populations that experience challenges in accessing medical services due to the lack of adequate health insurance coverage or no insurance coverage, who have a low economic status as can reasonably be determined by the residency program, or experience other access barriers such as a shortage of available services. Access barriers may be demonstrated through references to existing federal designations such as a Medically Underserved Area, as that term is defined in Tex. Gov't Code, §487.251.(9) Operational Grant--An annual, renewable grant to support the educational activities of a fully accredited family practice residency programs.(10) Public Health Rotation Reimbursement Grant--A grant to reimburse program costs, recognize participation, and encourage future public health commitments for residents in training at nationally recognized Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a public health setting in Texas.(11) Resident Physician--A physician contractually obligated to a Texas medical school, Texas licensed hospital, or non-profit corporation operating in Texas to receive residency education and training for a specified period.(12) Rural--A location in Texas that is eligible for Federal Office of Rural Health Policy grant programs.(13) Rural Rotation Reimbursement Grant--A grant to reimburse program costs, recognize participation, and encourage rural practice location for resident physicians in training at nationally accredited Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a rural setting in Texas.(14) Urban--Any area in Texas that is not rural, as defined in this section.</content><note type="source"><p>Source Note: The provisions of this §10.52 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.53"><num value="10.53">§10.53</num><heading>Eligibility</heading><content>(a) To be considered for a Family Practice Residency Operational Grant, a medical school, licensed hospital, or nonprofit corporation operating in Texas requesting an Operational Grant must at a minimum:(1) Show that the residency program is accredited by the Accreditation Council for Graduate Medical Education (ACGME) as a family practice residency program;(2) Conform to Coordinating Board criteria and expenditure reporting guidelines for a Family Practice Residency Operational Grant;(3) Provide evidence that the residency program has been operational for three or more academic years immediately preceding the application for funds;(4) Document continuing local financial support for the program;(5) Document expenditures and revenue for the program to substantiate funding needs; and(6) Submit annual progress reports on the training program to the Coordinating Board that demonstrate the training program's efforts to recruit residents likely to practice in medically underserved areas of the state and the program's encouragement of residents to enter practice in medically underserved areas of the state.(b) A Faculty Support Grant may be provided to a medical school, licensed hospital, or nonprofit corporation operating in Texas to operate and maintain the Family Practice Faculty Development Center. The Center may be supported through federal, state, and other funds. To be considered for a Faculty Support Grant, a medical school, licensed hospital, or nonprofit corporation operating in Texas must:(1) Conform to Coordinating Board guidelines for Family Practice Residency Faculty Support Grant Programs;(2) Give evidence that the program to be funded has been operational for three or more academic years immediately preceding the application for funding; and(3) Report on the expenditure of Faculty Support Grant funds in the Annual Expenditure Report.(c) Requirements for Rural or Public Health Reimbursement Grants. To be reimbursed for a family practice resident's rural or public health rotation, a Texas family practice residency program must:(1) Submit notification of a resident's intent to complete a rural or public health rotation, two-months prior to the beginning of the rotation;(2) Provide evidence that the program sponsored a resident in a rural or public health rotation;(3) Submit evaluations and request for funds upon completion of the rotation;(4) Document expenditures for reimbursement in accordance with Board guidelines; and(5) Report on receipt and expenditures information on completed rural or public health rotations on the Annual Expenditure Report.</content><note type="source"><p>Source Note: The provisions of this §10.53 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.54"><num value="10.54">§10.54</num><heading>Application Process</heading><content>(a) Operational Grants.(1) An eligible program must submit an application to the Coordinating Board. Each application shall:(A) be submitted electronically in a format specified by the Coordinating Board;(B) be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified by the Coordinating Board.(2) Each applications must include:(A) The projected number of family practice residents enrolled if grant funds are awarded;(B) A budget that includes resident compensation, professional liability and other direct resident costs; and(C) Evidence of support for the residency program by the entity receiving the grant.(b) Rural or Public Health Reimbursement Grants. A Texas family practice residency program must:(1) Submit notification of a resident's intent to complete a rural or public health rotation, two-months prior to the beginning of the rotation;(2) Provide evidence that the program sponsored a resident in a rural or public health rotation; and(3) Submit evaluations and request for funds upon completion of the rotation.</content><note type="source"><p>Source Note: The provisions of this §10.54 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.55"><num value="10.55">§10.55</num><heading>Evaluation of Applications</heading><content>(a) Applications for Family Practice Residency Program grants shall be reviewed and evaluated by the Family Practice Residency Advisory Committee.(b) The Advisory Committee's review shall include the following:(1) Evidence that the proposed program will be able to effectively provide medical care in medically underserved areas and training to family practice residency physicians;(2) Existing and anticipated costs and funding for new and existing programs requesting funding; and(3) The program's performance in:(A) improving the distribution of family physicians throughout the state;(B) providing care to medically underserved urban or medically underserved rural areas of Texas; and(C) encouraging residents to practice in medically underserved urban or medically underserved rural areas of the state.(c) The Advisory Committee shall submit their recommendations to the Board for approval and funding of Operational, Reimbursement and Faculty Support Grant Programs.</content><note type="source"><p>Source Note: The provisions of this §10.55 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.56"><num value="10.56">§10.56</num><heading>Grant Awards</heading><content>(a) The amount of funding available for the Family Practice Residency Program is dependent on the legislative appropriation for the program for each biennial state budget. Award levels will be determined by a formula approved by the Board based upon the number of certified resident physicians in the training program.(b) Grant awards shall be subject to approval pursuant to §1.16 of this title (relating to Contracts, Including Grants, for Materials and/or Services).(c) The Board shall award all Family Practice Residency Grants after receiving the recommendations of the Family Practice Residency Advisory Committee. The Advisory Committee shall annually report all awards to the Board.(d) A grantee may only expend grant funds on the salary of the resident physician, professional liability, and other direct costs that are necessary and reasonable to support the residency position as stated in grantee's budget, and in accordance with the applicable rules and statutes for the program.</content><note type="source"><p>Source Note: The provisions of this §10.56 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.57"><num value="10.57">§10.57</num><heading>Reporting</heading><content>(a) Each grantee shall file program narrative, expenditure, and resident roster reports in a format on or before the day and time specified by the Coordinating Board.(b) No later than ninety (90) days after the end of the Operational Grant or Faculty Support Grant Program, the grantee shall conduct a post award audit. The post award audit shall include a review of program goals and grant expenditures. To fulfill this requirement, a grantee shall submit the following reports to the Coordinating Board:(1) A final narrative report on the grant program's efforts to recruit residents likely to practice in medically underserved urban or medically underserved rural areas of the state and the program's encouragement of residents to enter practice in medically underserved urban or medically underserved rural areas of the state addressing the needs of communities or regions; and(2) A final expenditure report for all expended grant funds. The final expenditure report must include an attestation from Grantee that all expenditures were allowable expenses pursuant to law and regulation.</content><note type="source"><p>Source Note: The provisions of this §10.57 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scB/s10.58"><num value="10.58">§10.58</num><heading>Additional Requirements</heading><content>(a) Cancellation or Suspension of Grant Solicitations. The Commissioner has the right to reject all applications and cancel a grant solicitation at any point.(b) Forfeiture and Return of Funds.(1) A grantee shall return to the Coordinating Board any award funds remaining unspent at the end of the grant term as set forth in the contract or agreement not later than sixty (60) calendar days after the close of the grant term.(2) A grantee shall notify the Coordinating Board within thirty (30) calendar days of any funded residency position that is vacated.(3) A grantee shall have sixty (60) calendar days from notification to the Coordinating Board of the vacated position to refill the funded residency position.(4) If the grantee fails to refill the position in the required timeline, the grantee forfeits and shall return, if grant funds were received, a proportionate share of the grant award for each unfilled residency position as determined by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §10.58 adopted to be effective November 14, 2024, 49 TexReg 8883.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scC"><num value="C">SUBCHAPTER C</num><heading>STATEWIDE PRECEPTORSHIP GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.70"><num value="10.70">§10.70</num><heading>Purpose</heading><content>The purpose of this subchapter is to administer the Statewide Preceptorship Grant Program to provide funding support to preceptorship programs in general internal medicine, family medicine, and general pediatrics.</content><note type="source"><p>Source Note: The provisions of this §10.70 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.71"><num value="10.71">§10.71</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, §58.006, which provides the Coordinating Board with authority to operate the statewide preceptorship program.</content><note type="source"><p>Source Note: The provisions of this §10.71 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.72"><num value="10.72">§10.72</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) Commissioner--The Texas Commissioner of Higher Education.(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(4) General Internal Medicine--Primary care general internal medicine in which the internal medicine physician cares for patients longitudinally, throughout their health journey and provides preventive, acute, and chronic care, most often in the ambulatory setting.(5) General Pediatrics--Primary care pediatrics encompasses comprehensive care across the life cycle, from infancy to young adulthood. Health supervision is included, along with a focus on prevention of physical and mental health conditions; anticipatory guidance and promotion of wellness including mental health and monitoring physical, cognitive, and social growth and development; and age-appropriate screening for health promotion and disease prevention.(6) Medical School--An eligible medical institution as identified in Texas Education Code, chapter 61.501(1), and the school of osteopathic medicine at the University of the Incarnate Word, as authorized by Texas Education Code, §58.006(d).(7) Preceptor--A skilled and experienced physician who serves as a mentor to medical students in accordance with the terms and conditions of the Request for Application (RFA).(8) Request for Application (RFA)--The official document issued by the Coordinating Board to solicit applicants for an award of available grant funds.</content><note type="source"><p>Source Note: The provisions of this §10.72 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.73"><num value="10.73">§10.73</num><heading>Eligibility</heading><content>To be eligible to apply for and receive funding under the Program an entity must:(1) qualify for exemption from federal income tax under Section 501, Internal Revenue Code of 1986 (26 U.S.C. Section 501); or(2) be operated by a state accredited medical school; and(3) fulfill any other eligibility criteria set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.73 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.74"><num value="10.74">§10.74</num><heading>Application Process</heading><content>(a) Unless otherwise specified in the RFA, an eligible entity may not submit more than one application.(b) Each Applicant shall limit participation to students with a documented interest in a primary care career.(c) To qualify for funding consideration, an eligible applicant must submit an application to the Board. The application shall:(1) be submitted electronically in a format specified in the RFA;(2) adhere to the grant program requirements contained in the RFA and these rules; and(3) be submitted with proper authorization on or before the day and time specified by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.74 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.75"><num value="10.75">§10.75</num><heading>Evaluation</heading><content>(a) The Commissioner shall competitively select applicants for funding based on requirements and award criteria provided in the RFA and these rules.(b) At a minimum, an applicant shall:(1) limit participation to students with a documented interest in a primary care career; and(2) maximize use of award funds to support medical student participation in, and only for activities related to, preceptorship programs in general internal medicine, family medicine, and general pediatrics.</content><note type="source"><p>Source Note: The provisions of this §10.75 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.76"><num value="10.76">§10.76</num><heading>Grant Awards</heading><content>(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget. The Coordinating Board will provide award levels and an estimated number of awards in the RFA.(b) Program awards shall be subject to approval pursuant to §1.16, of this title (relating to Contract, Including Grants, for Materials and/or Services).(c) The Commissioner of Higher Education may negotiate or adjust a grantee award to best fulfill the purpose of the RFA.(d) The Coordinating Board shall not disburse any awarded funds until the Notice of Grant Award (NOGA) has been fully executed and, if applicable, the institution has filed and received acknowledgement of the Disclosure of Interested Parties, as described in the RFA or until the institution has filed and obtained Coordinating Board approval of its periodic expenditure reports for payment.(e) The Coordinating Board shall set forth the determination of the allowability of administrative costs in the RFA unless otherwise agreed in writing by the Commissioner and Grantee.(f) An entity shall use a grant award to support the preceptorship program as described in the RFA and these rules.</content><note type="source"><p>Source Note: The provisions of this §10.76 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.77"><num value="10.77">§10.77</num><heading>Reporting</heading><content>(a) Grantee shall submit narrative reports within the deadlines and format set forth in the RFA and shall include, but not be limited to, the following:(1) the number of program preceptor matches, the number of participating medical students, and the number of participating preceptors;(2) student participation by medical school in each fiscal year of the Grant Period;(3) student and preceptor participation by specific preceptor location;(4) the intended specialty training of medical students participating in the preceptorship program;(5) a description of efforts to secure local and other support for the program, including information on in-kind grants of supplies, time, and property allocated to the program;(6) narrative status report on the development of the program;(7) Project Work Plan. The Applicant shall submit, with the Application, an updated workplan which must be supplemented for each interim report and for the final report; and(8) any other information required by the RFA.(b) Grantee shall submit expenditure reports within the deadlines and format set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.77 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scC/s10.78"><num value="10.78">§10.78</num><heading>Additional Requirements</heading><content>(a) Grantee shall return any unexpended funds to the Coordinating Board within ninety (90) days after the end of the Grant Period unless otherwise agreed in writing by the Commissioner and Grantee.(b) Any funds that were expended in violation of this Grant shall be refunded to the Coordinating Board within thirty (30) days of Coordinating Board's notification of such prohibited expenditure or Grantee's loss of eligibility to receive grant funds under this Program.(c) Grantee shall return any remaining funds promptly if an award is terminated.(d) Any Coordinating Board overallocation of grant funds to Grantee shall be promptly returned to the Coordinating Board.(e) Cancellation or Suspension of Grant Solicitations. The Commissioner has the right to reject all applications and cancel a grant solicitation at any point.</content><note type="source"><p>Source Note: The provisions of this §10.78 adopted to be effective February 13, 2025, 50 TexReg 757.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scD"><num value="D">SUBCHAPTER D</num><heading>RURAL RESIDENT PHYSICIAN GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.90"><num value="10.90">§10.90</num><heading>Purpose</heading><content>The purpose of this subchapter is to administer the Rural Resident Physician Grant Program to provide and oversee grants for the establishment or expansion of graduate medical education programs or positions in rural and non-metropolitan areas to help meet the health-care needs of rural communities in Texas.</content><note type="source"><p>Source Note: The provisions of this §10.90 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.91"><num value="10.91">§10.91</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, chapter 58A, §58A.081.</content><note type="source"><p>Source Note: The provisions of this §10.91 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.92"><num value="10.92">§10.92</num><heading>Definitions</heading><content>Definitions set forth in Texas Education Code, chapter 58A (relating to Programs Supporting Graduate Medical Education) are hereby incorporated into this rule. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Rural--A location that is eligible for Federal Office of Rural Health Policy grant programs.(2) Rural Training Tracks--As defined in rules and regulations of the Centers for Medicare and Medicaid Services (CMS) in 42 CFR §413.79(k), is an ACGME-accredited program in which all or some residents/fellows gain both urban and rural experience with more than half of the education and training for the applicable resident(s)/fellow(s) taking place in a rural area.</content><note type="source"><p>Source Note: The provisions of this §10.92 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.93"><num value="10.93">§10.93</num><heading>Eligibility</heading><content>(a) To be eligible to apply for and receive grant funding an entity must:(1) be a new or expanded physician residency program at teaching hospitals and other appropriate health care entities;(2) meet any other eligibility criteria set forth in Texas Education Code, §58A.081; and(3) have or create a resident physician site in a rural or nonmetropolitan area.(b) Eligible sites will be confirmed by Coordinating Board staff, in cooperation with the applicant.</content><note type="source"><p>Source Note: The provisions of this §10.93 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.94"><num value="10.94">§10.94</num><heading>Application Process</heading><content>(a) Unless otherwise specified in the RFA, an eligible entity may submit a maximum of two (2) applications.(b) To qualify for funding consideration, an eligible applicant must submit an application to the Coordinating Board. Each application shall:(1) be submitted electronically in a format specified in the RFA;(2) adhere to the grant program requirements contained in the RFA; and(3) be submitted with approval of the President or Chief Executive Officer or designee on or before the day and time specified by the RFA.(c) Submitted applications shall include:(1) The number of residency positions that will be created or maintained if grant funds are awarded;(2) A budget that includes the requested grant amount broken down by resident, resident year, and residency specialty;(3) documentation that an applicant's existing staffing and infrastructure is sufficient to support new or maintained residency positions and satisfy applicable accreditation requirements;(4) detailed plans on how the new or maintained residency positions will produce physicians who are prepared for and plan to practice in rural areas;(5) Evidence of support for residency training by both the institution as documented by the designated institutional official as identified in subsection (b)(3) of this section and the community; and(6) any other requirements as set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.94 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.95"><num value="10.95">§10.95</num><heading>Evaluation</heading><content>(a) The Coordinating Board shall competitively select applicants for funding based on requirements and award criteria provided in the RFA.(b) Award criteria will include whether the rural area has the resources to support a physician residency program that at minimum meets applicable residency program accreditation requirements.(c) The evaluation criteria will include priority for applications that propose creating rural training tracks or additional residency positions within an existing rural residency program or track.</content><note type="source"><p>Source Note: The provisions of this §10.95 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.96"><num value="10.96">§10.96</num><heading>Grant Awards</heading><content>(a) The amount of funding available for the rural resident physician grant program is dependent on the legislative appropriation for the program for each biennial state budget. The Coordinating Board will provide award levels and estimated number of awards in the RFA.(b) Each grant award shall be subject to Coordinating Board approval pursuant to §1.16 of this title (relating to Contracts, Including Grants, for Materials and/or Services).(c) The Commissioner of Higher Education may adjust the size of a grant award to best fulfill the purpose of the RFA.(d) The Coordinating Board may advance a grant award to a grantee.(e) The Coordinating Board will first award grants for all residency positions awarded a grant under this subchapter in the preceding year before awarding a grant for a residency position that did not receive a grant in the preceding year, provided that the applicable grant recipient from the preceding year meets eligibility requirements for a new grant award and complied with all grant and application requirements set forth in this subchapter and the terms of the grant previously awarded. The Coordinating Board shall award all remaining funds pursuant to the evaluation criteria set forth in §10.95 of this subchapter (relating to Evaluation).(f) The Coordinating Board will award any grant funds returned pursuant to §10.98 of this subchapter (relating to Additional Requirements) to other eligible applicants for the respective RFA.(g) A grantee shall only expend grant funds on the salary of the resident physician and other direct costs that are necessary and reasonable to create or maintain the residency position as stated in grantee's budget.</content><note type="source"><p>Source Note: The provisions of this §10.96 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.97"><num value="10.97">§10.97</num><heading>Reporting Requirements</heading><content>Grantees must file program, expenditure and resident reports in the format required by the Coordinating Board by the deadlines set forth in the RFA. Grantees shall provide information that includes, but is not limited to, the following:(1) An overview of outcomes of residency positions and information on the characteristics of the program.(2) Evidence of whether the residency positions funded by the grant were filled.(3) Demonstration of addressing the needs of underserved rural communities or regions.(4) Any current plans to continue the rural residency position(s) or program after the end of the grant term.(5) An expenditures report detailing how funds were used over the course of the grant program pursuant to §10.96(h) of this subchapter (relating to Grant Awards).</content><note type="source"><p>Source Note: The provisions of this §10.97 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scD/s10.98"><num value="10.98">§10.98</num><heading>Additional Requirements</heading><content>(a) Cancellation or Suspension of Grant Solicitations. The Coordinating Board has the right to reject all applications and cancel a grant solicitation at any point.(b) Forfeiture and Return of Funds.(1) The grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Award (NOGA) to the Coordinating Board within sixty (60) days.(2) The grantee shall fill all funded residency positions no later than the first reporting deadline as set forth in the RFA. A grantee forfeits and must return, if grant funds were received, a proportionate share of the grant award for each unfilled residency position as determined by the Coordinating Board.(3) A grantee shall notify the Coordinating Board within thirty (30) days of any funded residency positions becoming vacant.(4) The grantee shall have sixty (60) days from notification to the Coordinating Board about the vacated position to refill the residency position.(5) A grantee forfeits and shall return, if grant funds were received, a proportionate share of the grant award for each unfilled residency position as determined by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §10.98 adopted to be effective August 15, 2024, 49 TexReg 5965.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scE"><num value="E">SUBCHAPTER E</num><heading>PROFESSIONAL NURSING SHORTAGE REDUCTION PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.110"><num value="10.110">§10.110</num><heading>Purpose</heading><content>The purpose of this subchapter is to administer the Professional Nursing Shortage Reduction Program to provide and oversee grants to eligible entities to meet the needs of the state of Texas for initially registered nurses.</content><note type="source"><p>Source Note: The provisions of this §10.110 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.111"><num value="10.111">§10.111</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, chapter 61, §§61.9621 -61.9628, which provides the Board with the authority to adopt rules to administer the Professional Nursing Shortage Reduction Program.</content><note type="source"><p>Source Note: The provisions of this §10.111 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.112"><num value="10.112">§10.112</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) CBM Reporting Manual--The Coordinating Board's manual that defines deadlines and procedures for submitting data into the CBM the CBM Reporting System.(3) CBM Reporting System--The Coordinating Board's Management Reporting System for collecting institutional data.(4) Commissioner--The Texas Commissioner of Higher Education.(5) Coordinating Board--The agency and staff that report to the Board and Commissioner of the agency known as the Texas Higher Education Coordinating Board.(6) New Professional Nursing Program--A professional nursing program that only has two (2) years of graduation data.(7) Private or Independent Institution of Higher Education--Includes only a private or independent college or university as defined in Texas Education Code, §61.003(15).(8) Professional Nursing Program--An educational program that prepares a student for initial licensure as a registered nurse.(9) Public Institution of Higher Education--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003(8).(10) Request for Applications (RFA)--A type of solicitation notice in which the Coordinating Board announces available grant funding, sets forth the guidelines governing the program, provides evaluation criteria for submitted applications, and provides instructions for eligible entities to submit applications for such funding. The guidelines governing the program may include a Letter of Intent, eligibility requirements, performance expectations, budget guidelines, reporting requirements, and other standards of accountability for this program.</content><note type="source"><p>Source Note: The provisions of this §10.112 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.113"><num value="10.113">§10.113</num><heading>Eligibility</heading><content>(a) To be eligible to apply for and receive funding under the Program an applicant must:(1) Be a Texas public or private institution of higher education as defined by Texas Education Code, §61.003, or an entity that was eligible to receive a grant under the Program prior to September 1, 2009;(2) Have a professional nursing program or new professional nursing program that is approved by and in good standing with the Texas Board of Nursing;(3) Submit required nursing program data in the CBM Reporting System as outlined in the CBM Reporting Manual, including;(A) Enrollments; and(B) Graduates; and(4) Any other eligibility criteria set forth in the RFA.(b) The RFA may allow for a consortium of institutions to collaborate on a joint or regional basis to increase professional nursing program enrollment or graduates. Any eligibility criteria for a consortium application shall be set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.113 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.114"><num value="10.114">§10.114</num><heading>Application Process</heading><content>(a) Unless otherwise specified in the RFA, an eligible applicant may submit a maximum of one application.(b) To qualify for funding consideration, an eligible applicant shall submit an application to the Coordinating Board. Each application shall:(1) Be submitted electronically in a format specified in the RFA;(2) Adhere to the grant program requirements contained in the RFA; and(3) Be submitted with proper authorization on or before the day and time specified in the RFA.(c) Each application shall at a minimum:(1) State the number of additional enrollments or graduates over the prior academic year the professional nursing program intends to enroll or graduate if the institution receives a grant;(2) List at least three benchmark targets and dates to monitor adequate progress toward reaching the goal set for in paragraph (1) of this subsection;(3) Provide a budget, including a proposed payment schedule, for the grant funds reasonable and necessary to meet the planned increase in professional nursing program enrollment or graduation;(4) Include a commitment letter signed by the applicant's President, Chief Executive Officer or designee that the applicant will meet or exceed the planned increase in enrollment or graduation for the professional nursing program for the grant term as specified in the RFA; and(5) Meet any other requirement specified in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.114 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.115"><num value="10.115">§10.115</num><heading>Evaluation of Applications</heading><content>The Commissioner shall approve applicants for funding based on requirements and award criteria provided in the RFA and in compliance with these rules.</content><note type="source"><p>Source Note: The provisions of this §10.115 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.116"><num value="10.116">§10.116</num><heading>Grant Awards</heading><content>(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget.(b) The Coordinating Board shall approve awards as authorized in §1.16 of this title (relating to Contracts, Including Grants, for Materials and/or Services).(c) Subject to subsection (b) of this section, the Commissioner may negotiate or adjust a grant award to best fulfill the purpose of the RFA and ensure an equitable distribution of grant funds among the types of professional nursing programs in order to increase the number of enrolling and graduating students.(d) The Coordinating Board may advance a grant award to a grantee.(e) A grant shall demonstrate through reporting that the grantee is in compliance with the terms of the grant award and is, at a minimum, meeting application benchmark requirements before the Coordinating Board may issue the next periodic grant award installment.(f) The Coordinating Board shall set forth the determination of the allowability of administrative costs in the RFA.(g) A grantee may use a grant award only on necessary and reasonable costs exclusively related to:(1) enrolling additional nursing students;(2) evidenced-based practices in the recruitment and retention of students;(3) identifying, developing, or implementing innovative or evidenced-based practices to make effective and efficient use of professional nursing program faculty, instructional or clinical space, or other necessary resources including:(A) regional shared services, courses, personnel, facilities, and responsibilities among two or more professional nursing programs; or(B) employing or contracting with preceptors or part-time faculty to provide clinical instruction to accommodate increased student enrollment; and(4) education, recruitment, or retention of professional nursing program faculty.</content><note type="source"><p>Source Note: The provisions of this §10.116 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scE/s10.117"><num value="10.117">§10.117</num><heading>Reporting</heading><content>Each grantee shall file an annual report, pursuant to Texas Education Code, §61.9626, in the format required by the Coordinating Board by the deadline set forth in the RFA. Grantees shall provide information that includes the following:(1) Status of the grant project activities;(2) Budget expenditures by budget category;(3) Student enrollment, retention, and demographic data as applicable;(4) Graduation status, as applicable;(5) Faculty hiring and retention data as applicable;(6) Matching contributions, if applicable; and(7) Any other information required by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.117 adopted to be effective August 15, 2024, 49 TexReg 5970.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scH"><num value="H">SUBCHAPTER H</num><heading>TEXAS EMERGENCY AND TRAUMA CARE EDUCATION PARTNERSHIP PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.170"><num value="10.170">§10.170</num><heading>Purpose</heading><content>The purpose of this subchapter is to administer the Texas Emergency and Trauma Care Education Partnership Program to provide and oversee grants to eligible entities to meet the needs of the state of Texas for doctors and registered nurses. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.</content><note type="source"><p>Source Note: The provisions of this §10.170 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.171"><num value="10.171">§10.171</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, chapter 61, subchapter HH, §§61.9801 - 61.9807.</content><note type="source"><p>Source Note: The provisions of this §10.171 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.172"><num value="10.172">§10.172</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) Commissioner--The Texas Commissioner of Higher Education.(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(4) Emergency and Trauma Care Education Partnership--A partnership that consists of one or more hospitals in this state and one or more graduate professional nursing or graduate medical education programs in this state and serves to increase training opportunities in emergency and trauma care for doctors and registered nurses at participating graduate medical education and graduate professional nursing programs.(5) Graduate Medical Education (GME) Program--The period of didactic and clinical education in a medical specialty, subspecialty, or sub-subspecialty that follows completion of undergraduate medical education (i.e., medical school) and that prepares physicians for the independent practice of medicine in that specialty, subspecialty, or sub-subspecialty.(6) Graduate Professional Nursing Program--An educational program of a public or private institution of higher education that prepares students for a master's or doctoral degree, as defined in Texas Education Code, §54.355.(7) Hospital--A Texas general hospital or special hospital, as defined in Texas Health and Safety Code, §241.003, excluding a facility that is owned, maintained, or operated by the federal government or an agency of the federal government.(8) Request for Application (RFA)--The official document issued by the Coordinating Board to solicit applicants for an award of available grant funds.</content><note type="source"><p>Source Note: The provisions of this §10.172 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.173"><num value="10.173">§10.173</num><heading>Eligibility</heading><content>(a) A grant under this subchapter may be spent only on costs related to the operation or to the development and operation of a Texas Emergency and Trauma Care Education Partnership.(b) The following types of emergency and trauma education partnerships are eligible to receive a grant under this program:(1) A Graduate Nursing Education Program Partnership that:(A) Consists of one or more hospitals and one or more graduate nursing programs in this state; and(B) Prepares students to complete a graduate professional nursing program with a specialty focus or post-master's certificate in emergency and trauma care; or(2) A Graduate Medical Education Program Partnership that:(A) Consists of one or more hospitals and one or more graduate medical education programs in this state; and(B) Prepares the physician to earn a board certification by the American Board of Medical Specialties or the Bureau of Osteopathic Specialties.(c) Each Emergency and Trauma Care Education Partnership shall:(1) Meet the requirement to increase the number of additional students in each program as follows:(A) Nursing - Certify an increase of a sufficient number of additional graduate nursing students in the participating graduate education programs, and enroll in the education program additional students as determined by the total number of students enrolled through the grant period minus the number of enrolled students at the time of application.(B) Graduate Medical Education (GME) - Certify an increase of a sufficient number of additional residents/fellows in the participating graduate medical education program, and intend to increase or, at a minimum, maintain previously funded increases.(2) Use existing facilities and expertise of the hospitals and graduate education programs participating in the partnership.(3) Meet any other eligibility criteria set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.173 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.174"><num value="10.174">§10.174</num><heading>Application Process</heading><content>(a) Unless otherwise specified in the RFA, an eligible entity may submit the following number of applications:(1) Graduate Nursing Education Program Partnerships may submit a maximum of one application for each eligible nursing program.(2) Graduate Medical Education Program Partnerships may submit a maximum of one application for each eligible medical fellowship or residency program.(b) To qualify for funding consideration, an eligible applicant must submit an application to the Coordinating Board during the period specified in the RFA. Each application must:(1) Be submitted electronically in a format specified in the RFA;(2) Adhere to the grant program requirements contained in the RFA; and(3) Be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified in the RFA.(c) Applications shall at a minimum:(1) Provide a detailed explanation of the eligible partnership, including a description of the role and commitment of the hospital(s) and graduate nursing program or graduate medical education program;(2) Document how the partnership will serve to increase training opportunities in emergency and trauma care for registered nurses or physician residents or fellows at participating partnerships;(3) Identify the program director responsible for centralized decision making related to the partnership;(4) Include a provision to maintain existing clinical training agreements relating to graduate nursing and graduate medical education programs not participating in the partnership and to provide for a specified number of additional registered nurses and/or physician residents or fellows to participate in clinical training;(5) Include a provision for tracking employment of partnership participants during and after completion of participation;(6) Describe availability of funds and/or in-kind contributions made available by the partnership to match a portion of the grant funds;(7) Describe potential partnership program replication;(8) Describe sustainability of the partnership beyond the grant period; and(9) Meet other requirements as specified in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.174 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.175"><num value="10.175">§10.175</num><heading>Evaluation</heading><content>The Commissioner shall select applicants for funding based on the following requirements and award priority criteria, as required by Texas Education Code, §61.9804. Priority criteria for applications shall include:(1) Collaborative educational models between one or more participating hospitals and one or more participating education programs that have signed a memorandum of understanding or other written agreement under which the participants agree to comply with standards established by the Coordinating Board, including any standards the Coordinating Board may establish that:(A) Provide for program management that offers a centralized decision-making process allowing for inclusion of each entity participating in the partnership;(B) Provide for access to clinical training positions for students in graduate professional nursing and residents/fellows in graduate medical education programs that are not participating in the partnership; and(C) Specify the details of any requirement relating to a student or a resident/fellow in a participating education program being employed after graduation in a hospital participating in the partnership, including any details relating to the employment of students who do not complete the program, are not offered a position at the hospital, or choose to pursue other employment;(2) A demonstrable education model to:(A) Increase the number of students enrolled in, the number of students graduating from, and the number of faculty employed by each participating education program; and(B) Improve student or resident retention in each participating education program;(3) The availability of money to match a portion of the grant money, including matching money or in-kind services approved by the board from a hospital, private or nonprofit entity, or institution of higher education;(4) Replicability by other emergency and trauma care education partnerships or other graduate professional nursing or graduate medical education programs; and(5) Plans for sustainability of the partnership.</content><note type="source"><p>Source Note: The provisions of this §10.175 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.176"><num value="10.176">§10.176</num><heading>Grant Awards</heading><content>(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget and the availability of other funds. The Coordinating Board will provide award levels and estimated number of awards in the RFA.(b) Maximum award length.(1) A graduate Nursing Education Program Partnership is eligible to receive funding for up to three years within a grant period.(2) A Graduate Medical Education Program Partnership is eligible to receive funding for up to two years within a grant period.(3) Each program award shall be subject to approval pursuant to §1.16, of this title (relating to Contracts, Including Grants, for Materials and/or Services).(4) The Commissioner of Higher Education may negotiate or adjust a grantee award to best fulfill the purpose of the RFA.(5) The Coordinating Board may advance a portion of the grant award to a grantee.(6) Determination of the allowability of administrative costs will be set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.176 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.177"><num value="10.177">§10.177</num><heading>Reporting</heading><content>(a) Each grantee shall file reports with the Coordinating Board as required and include the outcomes of the partnership program(s) according to a schedule and in the format required by the Coordinating Board by the deadlines set forth in the RFA.(b) Each grantee shall provide the following:(1) Status of the grant program activities;(2) Budget expenditures; and(3) Any other information required by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.177 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.178"><num value="10.178">§10.178</num><heading>Additional Requirements</heading><content>(a) Forfeiture and Return of Funds.(1) Each grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Agreement (NOGA) to the Coordinating Board within ninety (90) calendar days after the end date of the period of performance or an earlier due date if specified by the RFA.(2) Each grantee shall reimburse the Coordinating Board any award funds expended on items that are not necessary and reasonable or in accordance with the applicable law, rules, or NOGA within the time frame and subject to the requirements set forth in the RFA.(b) The Commissioner may take the following actions if a grantee fails to comply with requirements set forth in the RFA:(1) Reduce the grant award;(2) Require the grantee to return unspent grant funds;(3) Amend the grant agreement; or(4) Terminate the grant agreement.(c) The RFA may set forth additional return or reimbursement of fund requirements and termination provisions.(d) The Commissioner may reallocate returned funds to existing grantees in an equitable manner.</content><note type="source"><p>Source Note: The provisions of this §10.178 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scH/s10.179"><num value="10.179">§10.179</num><heading>Administrative Costs</heading><content>A reasonable amount, not to exceed three percent of funds appropriated for purposes of this subchapter, may be used to pay the costs of administering the Texas Emergency and Trauma Care Education Partnership Program.</content><note type="source"><p>Source Note: The provisions of this §10.179 adopted to be effective November 14, 2024, 49 TexReg 8886.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scJ"><num value="J">SUBCHAPTER J</num><heading>MINORITY HEALTH RESEARCH AND EDUCATION GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.210"><num value="10.210">§10.210</num><heading>Purpose</heading><content>The purpose of this subchapter is to administer the Minority Health Research and Education Grant Program to eligible entities to meet the needs of the state of Texas. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.</content><note type="source"><p>Source Note: The provisions of this §10.210 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.211"><num value="10.211">§10.211</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, §§63.301 - 63.302, which provides the Coordinating Board with the authority to adopt rules to administer the Minority Health Research and Education Grant Program.</content><note type="source"><p>Source Note: The provisions of this §10.211 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.212"><num value="10.212">§10.212</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) Commissioner--The Texas Commissioner of Higher Education.(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board including the staff who report to the Commissioner and Board.(4) Eligible Institution--An institution of higher education as defined in §10.213 of this subchapter (relating to Eligibility).(5) Minority (as it applies to minority health issues)--A group which may include an economic, geographic, or a racial or ethnic group that is under-represented in one or more areas of health research or health education.(6) Request for Application (RFA)--The official document issued by the Coordinating Board to solicit applicants for an award of available grant funds.</content><note type="source"><p>Source Note: The provisions of this §10.212 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.213"><num value="10.213">§10.213</num><heading>Eligibility</heading><content>(a) To be eligible to apply for and receive funding under the program an institution of higher education shall:(1) Meet the definition of Texas institution of higher education as defined by Texas Education Code, §61.003(8), or be a Center for Teacher Education at Jarvis Christian College, Paul Quinn College, Texas College, Huston Tillotson University, or Wiley College; and(2) Conduct research or educational programs that address minority health issues; or(3) Form partnerships with minority organizations, colleges or universities to conduct research and educational programs that address minority health issues.(b) Each grant recipient shall:(1) Conduct research and educational initiatives, including those that expand existing research and degree programs, and develop other new or existing activities and projects, which are not funded by state appropriations during the funding period;(2) Propose programs that do not conflict with current judicial decisions and state interpretation on administering minority programs in higher education; and(3) Meet any other eligibility criteria set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.213 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.214"><num value="10.214">§10.214</num><heading>Application Process</heading><content>(a) Unless otherwise specified in the RFA, an eligible institution may submit only one application for the Minority Health Research and Education Grant Program per grant cycle.(b) An institution shall not submit the same application to the Nursing, Allied Health and Other Health-related Education Grant Program.(c) To qualify for funding consideration, an eligible applicant must submit an application during the period specified in the RFA to the Coordinating Board. Each application must:(1) Be submitted electronically in a format specified in the RFA;(2) Adhere to the grant program requirements contained in the RFA; and(3) Be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified in the RFA.(d) Applications shall at a minimum:(1) Describe the significance and potential impact of research or educational program for minority health issues;(2) List a goal and at least three benchmark targets/objectives and estimated dates to monitor adequate progress toward reaching the goal;(3) Provide a proposed plan for the use of the grant funds reasonable and necessary to meet the program goal and objective; and(e) Meet any other requirement as specified in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.214 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.215"><num value="10.215">§10.215</num><heading>Evaluation</heading><content>The Commissioner shall select applicants for funding based on requirements and award criteria provided in the RFA, including:(1) Significance and impact of research or educational program for minority health issues;(2) Program design;(3) Resources to perform the program;(4) Cost effectiveness; and(5) Evaluation and expected outcomes.</content><note type="source"><p>Source Note: The provisions of this §10.215 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.216"><num value="10.216">§10.216</num><heading>Grant Awards</heading><content>(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget and the availability of other funds. The Coordinating Board will provide award levels and estimated number of awards in the RFA.(b) Maximum award length: An eligible institution may receive funding for up to three years within a grant period.(c) Program awards shall be subject to Coordinating Board approval pursuant to §1.16 of this title (relating to Contracts, Including Grants for Materials and/or Services).(d) The Commissioner may negotiate or adjust a grantee award to best fulfill the purpose of the RFA.(e) The Coordinating Board may advance a portion of the grant award to a grantee with the remainder of the award distributed on a cost reimbursement basis.(f) Determination of the allowability of administrative costs will be set forth in the RFA.(g) Grant awards may only be used on necessary and reasonable costs as described in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.216 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.217"><num value="10.217">§10.217</num><heading>Reporting</heading><content>(a) A grantee shall submit performance and financial reports in the format required by the Coordinating Board by the deadlines set forth in the RFA.(b) Each grantee shall provide information that includes the following:(1) Status of the grant project activities;(2) Budget expenditures; and(3) Any other information required by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.217 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scJ/s10.218"><num value="10.218">§10.218</num><heading>Additional Requirements</heading><content>(a) Forfeiture and Return of Funds.(1) Each grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Agreement (NOGA) to the Coordinating Board within ninety (90) calendar days after written request or an earlier due date if specified by the RFA.(2) Each grantee shall return or repay to the Coordinating Board any award funds that the State determines an eligible institution improperly expended on items not listed in the RFA or otherwise prohibited by law within the time frame and subject to the requirements set forth in the RFA.(b) The Commissioner may take the following actions if a grantee fails to comply with requirements set forth in the RFA:(1) Reduce the grant award;(2) Require the grantee to return unspent grant funds;(3) Amend the grant agreement; or(4) Terminate the grant agreement.(c) The RFA may set forth additional return or reimbursement of fund requirements and termination provisions.(d) The Coordinating Board may retain returned and reimbursed funds for award in a future year as authorized by the General Appropriations Act.</content><note type="source"><p>Source Note: The provisions of this §10.218 adopted to be effective November 14, 2024, 49 TexReg 8887.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scK"><num value="K">SUBCHAPTER K</num><heading>NURSING, ALLIED HEALTH AND OTHER HEALTH-RELATED EDUCATION GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.230"><num value="10.230">§10.230</num><heading>Purpose</heading><content>The purpose of this subchapter is to administer the Nursing, Allied Health and Other Health-Related Education Grant Program to provide and oversee grants to eligible entities to meet the needs of the state of Texas. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.</content><note type="source"><p>Source Note: The provisions of this §10.230 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.231"><num value="10.231">§10.231</num><heading>Authority</heading><content>The authority for this subchapter is Texas Education Code, §§63.201 - 63.203, which provides the Coordinating Board with the authority to adopt rules to administer the Nursing, Allied Health and Other Health-Related Education Grant Program.</content><note type="source"><p>Source Note: The provisions of this §10.231 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.232"><num value="10.232">§10.232</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) Commissioner--The Texas Commissioner of Higher Education.(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(4) Request for Application (RFA)--The official document issued by the Coordinating Board to solicit applicants for an award of available grant funds.(5) Upper-Level Academic Instruction and Training--A course beyond the core in the fields of nursing, allied health or other health-related education at an institution of higher education.</content><note type="source"><p>Source Note: The provisions of this §10.232 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.233"><num value="10.233">§10.233</num><heading>Eligibility</heading><content>(a) General Eligibility.(1) Eligible institutions include public institutions of higher education that offer upper-level academic instruction and training in the fields of nursing, allied health, or other health-related education.(2) Institutions or components identified under Texas Education Code, §§63.002(c) and 63.101, are not eligible to receive funding through the grant program.(3) Eligible programs include nursing, allied health or other health-related initiatives, including those that expand existing academic programs, develop new or existing activities and projects, and are not funded by state appropriation during the funding period.(b) Alternative eligibility criteria through August 31, 2027.(1) For the fiscal biennium ending on August 31, 2025, and the fiscal biennium ending on August 31, 2027, eligible programs include programs at two-year institutions of higher education, four-year general academic teaching institutions, health-related institutions, and independent or private institutions of higher education, or a nursing resource section established under §105.002(b) of the Health and Safety Code that prepare students for initial licensure as registered nurses or programs preparing qualified faculty members with a master's or doctoral degree.(2) The Coordinating Board shall prioritize institutions proposing to address the shortage of registered nurses by:(A) Preparing students for initial licensure as registered nurses; or(B) Preparing qualified faculty members with a master's or doctoral degree.(c) Institutions and programs shall meet any other eligibility criteria set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.233 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.234"><num value="10.234">§10.234</num><heading>Application Process</heading><content>(a) Unless otherwise specified in the RFA, an eligible entity may submit a maximum of one application for the Nursing, Allied Health and Other Health-Related Education Grant Program.(b) To qualify for funding consideration, an eligible applicant must submit an application to the Coordinating Board during the period specified in the RFA. Each application must:(1) Be submitted electronically in a format specified in the RFA;(2) Adhere to the grant program requirements contained in the RFA; and(3) Be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified in the RFA.(c) Applications shall at a minimum:(1) Describe the significance and impact the grant award shall have on academic instruction and training in health-related education in the state as described in the RFA;(2) List a goal and at least three benchmark targets/objectives and estimated dates to monitor adequate progress toward reaching the goal;(3) Provide a budget that is reasonable and necessary that aligns with the goal and objectives; and(4) Meet other requirements as specified in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.234 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.235"><num value="10.235">§10.235</num><heading>Evaluation</heading><content>The Commissioner shall select applicants for funding on a competitive basis to provide the best overall value to the state. Selection criteria shall be based on:(1) Program quality as determined by peer or staff reviewers;(2) Impact the grant award shall have on academic instruction and training in public health-related education in the state;(3) Cost of the proposed program;(4) Other factors to be considered by the Coordinating Board, including financial ability to perform program, state and regional needs and priorities, ability to continue program after grant period, and past performance; and(5) Other requirements and award criteria provided in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.235 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.236"><num value="10.236">§10.236</num><heading>Grant Awards</heading><content>(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget and the availability of other funds. The Coordinating Board will provide award levels and estimated number of awards in the RFA.(b) Maximum award length: A program is eligible to receive funding for up to three years within a grant period.(c) Each program award shall be subject to approval pursuant to §1.16 of this title (relating to Contracts, Including Grants for Materials and/or Services).(d) The Coordinating Board may negotiate or adjust a grantee award to best fulfill the purpose of the RFA.(e) The Coordinating Board may advance a portion of the grant award to a grantee if necessary for grantee to carry out the grant program with the remainder of the award distributed on a cost reimbursement basis.(f) Determination of the allowability of administrative costs will be set forth in the RFA.(g) Grant awards may only be used on necessary and reasonable costs as described in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.236 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.237"><num value="10.237">§10.237</num><heading>Reporting</heading><content>Each grantee shall submit performance and financial reports in the format required by the Coordinating Board by the deadlines set forth in the RFA. A grantee shall provide the following:(1) Status of the grant project activities;(2) Budget expenditures; and(3) Any other information required by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.237 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scK/s10.238"><num value="10.238">§10.238</num><heading>Additional Requirements</heading><content>(a) A grant award is automatically terminated if the grantee is placed on probation by the Texas Board of Nursing or loses its status as an approved professional nursing program. The grantee shall immediately return all unexpended grant funds.(b) Each grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Agreement (NOGA) to the Coordinating Board within ninety (90) calendar days after written demand or an earlier due date if specified by the RFA.(c) Each grantee shall return or repay to the Coordinating Board any award funds that the State determines an eligible institution improperly expended on items not listed in the RFA or otherwise prohibited by law within the time frame and subject to the requirements set forth in the RFA.(d) The Commissioner may take the following actions if a grantee fails to comply with requirements set forth in the RFA:(1) Reduce the grant award;(2) Require the grantee to return unspent grant funds;(3) Amend the grant agreement; or(4) Terminate the grant agreement.(e) The RFA may set forth additional return or reimbursement of fund requirements and termination provisions.(f) The Coordinating Board may retain returned and reimbursed funds for the next RFA.</content><note type="source"><p>Source Note: The provisions of this §10.238 adopted to be effective November 14, 2024, 49 TexReg 8888.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scRR"><num value="RR">SUBCHAPTER RR</num><heading>TEXAS INNOVATIVE ADULT CAREER EDUCATION (ACE) GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.870"><num value="10.870">§10.870</num><heading>Purpose</heading><content>The purpose of this subchapter is to administer the Texas Innovative Adult Career Education (ACE) Grant Program to provide grants to eligible entities to develop, support, or expand workforce intermediary and job training programs for veterans and low-income students to enter careers in high-demand and/or higher earning occupations.</content><note type="source"><p>Source Note: The provisions of this §10.870 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.871"><num value="10.871">§10.871</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, chapter 136, §136.001 and §§136.005 -136.007. Texas Innovative Adult Career Education (ACE) Grant Program, which provides the Board with the authority to adopt rules to administer the ACE Grant Program.</content><note type="source"><p>Source Note: The provisions of this §10.871 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.872"><num value="10.872">§10.872</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board or THECB--The Texas Higher Education Coordinating Board.(2) Low-Income Student--A student whose household income is at or below a certain percentage of the Department of Health and Human Service's federal poverty guidelines. The percentage shall be set forth in the RFA.(3) Nonprofit Organization--An organization exempt from federal income taxation under §501(a), Internal Revenue Code of 1986, as an organization described by §501(c)(3) of that Code.(4) Nonprofit Workforce Intermediary and Job Training Organization--A nonprofit organization that engages in comprehensive long-term job training in partnership with a public junior college, public state college, or public technical institute and provides labor market intermediary services to participating students.(5) Program--Texas Innovative Adult Career Education (ACE) Grant Program established under Texas Education Code, chapter 136.(6) Public Junior College, Public State College, and Public Technical Institute--An institution as defined by Texas Education Code, §61.003.(7) Request for Applications (RFA)--The written announcement requesting the submission of applications for available grant funding. The RFA sets forth the terms and conditions of the Program.(8) Veteran--A person who:(A) has served in:(i) the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States;(ii) the state military forces as defined by §431.001, Government Code, other than the Texas State Guard; or(iii) an auxiliary service of one of those branches of the armed forces; and(B) received an honorable or general discharge from the branch of service in which the person served.</content><note type="source"><p>Source Note: The provisions of this §10.872 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.873"><num value="10.873">§10.873</num><heading>Eligibility</heading><content>To be eligible to apply for and receive funding under the Program an entity must:(1) Be a Nonprofit Organization;(2) Be a Workforce Intermediary and Job Training Organization;(3) Have a governance structure that is led by or includes recognized leaders of broad-based community organizations and executive-level or managerial-level members of the local business community;(4) Have executed partnership agreements with one or more public junior colleges, public state colleges, or public technical institutes that meet the criteria set forth in §10.875(b)(1) - (4) of this subchapter (relating to Evaluation);(5) Provide job training and evidence-based coordinated services that assist students with applying for jobs through employment to:(A) Low-income students; or(B) Veterans; and(6) Any other eligibility criteria set forth in the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.873 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.874"><num value="10.874">§10.874</num><heading>Application Process</heading><content>(a) Unless otherwise specified in the RFA, eligible entities may submit a maximum of one application.(b) To qualify for funding consideration, an eligible applicant must submit an application to THECB. Each application must:(1) Be submitted electronically in a format specified in the RFA;(2) Adhere to the grant program requirements contained in the RFA; and(3) Be submitted with proper authorization on or before the day and time specified by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.874 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.875"><num value="10.875">§10.875</num><heading>Evaluation</heading><content>(a) THECB shall competitively select applicants for funding based on requirements and award criteria provided in the RFA.(b) Award criteria will include whether the applicant at a minimum has met or will meet the following factors:(1) Student completion of developmental education at the partnering public junior college(s), public state college(s), or public technical institute(s) at a rate that meets or exceeds that set forth in the RFA;(2) Student persistence rates at the partnering public junior college(s), public state college(s), or public technical institute(s) at a rate that meets or exceeds that set forth in the RFA;(3) Certificate or degree completion rates at the partnering public junior college(s), public state college(s), or public technical institute(s) at a rate greater than demographically comparable institutions within a three-year period; and(4) Student entry into careers requiring credentials that result in higher earnings prior to enrollment in the program.(c) If the applicant is providing services to veterans, the award criteria will include whether the applicant at a minimum has met or will meet the following factors:(1) The factors set forth in subsection (b)(1) - (4); and(2) Certificate or degree completion rates at the partnering public junior college(s), public state college(s), or public technical institute(s) result in the student's rapid attainment of civilian workforce credentials as defined by the RFA.(d) THECB will evaluate applicants, in part, on the development, support or expansion of evidenced based services to low-income students or veterans to successfully gain employment in high demand and higher-earning occupations. Such services may include:(1) Outreach activities that inform students of the programming available;(2) Assessment activities that create a pathway based on the student's interest and assessing the readiness and performance based on test scores, grade point averages, or any other instruments adopted/approved by the Board;(3) Case management activities;(4) Support services provided to students to aid in student completion of job attainment;(5) Developmental education;(6) Job training instruction; and(7) Career placement services.(e) THECB will evaluate applicants on whether they are able to meet the matching funds criteria set forth in the RFA, if any. For purposes of this section, matching funds may be obtained from any source available to the organization including in-kind contributions, administrative costs, community or foundation grants, individual contributions or donations, and local governmental agency operating funds.</content><note type="source"><p>Source Note: The provisions of this §10.875 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.876"><num value="10.876">§10.876</num><heading>Grant Awards</heading><content>(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget. THECB will provide award levels and estimated number of awards in the RFA.(b) ACE Grant Program awards shall be subject to THECB approval pursuant to §1.16 of this title (relating to Contracts, Including Grants, for Materials and/or Services).(c) The Commissioner of Higher Education may adjust the size of a grantee award to best fulfill the purpose of the RFA.(d) THECB may advance grant awards to a grantee through periodic installments. If the RFA requires matching contributions, the grantee must demonstrate through financial reporting that the grantee has complied with the matching funds requirement before THECB will issue the next periodic installment.(e) Determination of the allowability of administrative costs, including indirect, will be set forth in the RFA.(f) Grant awards will be based on the criteria set forth in the RFA and may be used to cover Program tuition, fees, instructional resources, and services allowed in the grantee application as defined in §10.875(d) of this subchapter (relating to Evaluation).</content><note type="source"><p>Source Note: The provisions of this §10.876 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.877"><num value="10.877">§10.877</num><heading>Reporting Requirements</heading><content>Interim and Final Reporting for the ACE Grant Program. Grantees must submit program and expenditure reports and student reports, if applicable, to THECB in the format required by THECB during the grant period and at its conclusion as required by the RFA. Grantees shall provide information that includes, but is not limited to, the following:(1) Status of the grant project activities;(2) Budget expenditures by budget category;(3) Student enrollment and demographic data as applicable;(4) Job placement and salary data as applicable;(5) Matching contributions, if applicable; and(6) Any other information required by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.877 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scRR/s10.878"><num value="10.878">§10.878</num><heading>Additional Requirements</heading><content>(a) Cancellation or Suspension of Grant Solicitations. The THECB has the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by THECB staff.</content><note type="source"><p>Source Note: The provisions of this §10.878 adopted to be effective May 16, 2024, 49 TexReg 3258.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scSS"><num value="SS">SUBCHAPTER SS</num><heading>TEXAS RESKILLING AND UPSKILLING THROUGH EDUCATION (TRUE) GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.890"><num value="10.890">§10.890</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the Texas Reskilling and Upskilling Through Education (TRUE) Program to strengthen the Texas workforce and build a stronger Texas economy. Awards will be made to eligible entities for creating, redesigning, or expanding workforce training programs and delivering education and workforce training.</content><note type="source"><p>Source Note: The provisions of this §10.890 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.891"><num value="10.891">§10.891</num><heading>Authority</heading><content>The authority for this subchapter is found in Texas Education Code, Chapter 61, Subchapter T-2, §§61.882(b)1-886, which provides the Coordinating Board with the authority to administer the TRUE Program in accordance with the subchapter and rules adopted under the subchapter.</content><note type="source"><p>Source Note: The provisions of this §10.891 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.892"><num value="10.892">§10.892</num><heading>Definitions</heading><content>The following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Eligible Entity--A lower-division institution of higher education; a consortium of lower-division institutions or higher education; or a local chamber of commerce, trade association, or economic development corporation that partners with a lower-division institution of higher education or a consortium of lower-division institutions of higher education per Texas Education Code, §61.881(1).(2) Lower-Division Institution of Higher Education--A public junior college, public state college, or public technical institute per Texas Education Code, §61.881(1).(3) Necessary Information--Data and reporting on student enrollment, credential completion, and employment outcomes for students in TRUE funded programs per Texas Education Code, §61.883(a)(6).(4) Program--The Texas Reskilling and Upskilling Through Education (TRUE) Grant Program.</content><note type="source"><p>Source Note: The provisions of this §10.892 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.893"><num value="10.893">§10.893</num><heading>Eligibility</heading><content>Eligible entities may apply for a grant under the TRUE Grant Program.</content><note type="source"><p>Source Note: The provisions of this §10.893 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.894"><num value="10.894">§10.894</num><heading>Grant Application Procedures</heading><content>(a) Unless otherwise specified in the RFA, eligible entities may submit a maximum of two applications: one as a single recipient and the other as a member of a consortium.(b) To qualify for funding consideration, an eligible entity must submit an application to the Coordinating Board, and each application must:(1) Be submitted electronically in a format and location specified in the RFA;(2) Adhere to the grant program requirements contained in the RFA; and(3) Be submitted with proper authorization on or before the day and time specified by the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.894 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.895"><num value="10.895">§10.895</num><heading>Awards</heading><content>(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget. Award levels and estimated number of awards will be specified in the RFA.(b) TRUE Grant Program awards shall be subject to approval pursuant to §1.16 of this title (relating to Contracts, Including Grants, for Materials and/or Services).(c) The Commissioner may adjust the size of the award to best fulfill the purpose of the RFA.</content><note type="source"><p>Source Note: The provisions of this §10.895 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.896"><num value="10.896">§10.896</num><heading>Review Criteria</heading><content>(a) The Coordinating Board shall select applicants for funding based on requirements and award criteria provided in the RFA. Award criteria in a RFA shall at a minimum include consideration of the following key factors:(1) Projects that lead to postsecondary industry certifications or other workforce credentials required for high-demand occupations;(2) Projects that are developed and provided in consultation with employers who are hiring in high-demand occupations;(3) Projects that create pathways to employment for students and learners;(4) Projects with at least one eligible entity located in each region of the state to the extent practicable;(5) Projects that ensure that each training program matches regional workforce needs, are supported by a labor market analysis of job postings and employers hiring roles with the skills developed by the program; and do not duplicate existing program offerings except as necessary to accommodate regional demand; and(6) Coordinating Board staff shall select at least three reviewers for the applications.(b) Projects may be given preference that:(1) Represent a consortium of lower-division institutions of higher education;(2) Prioritize training to displaced workers;(3) Offer affordable training programs to students; or(4) Partner with local chambers of commerce, trade associations, economic development corporations, and local workforce boards to analyze job postings and identify employers hiring roles with the skills developed by the training programs.</content><note type="source"><p>Source Note: The provisions of this §10.896 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.897"><num value="10.897">§10.897</num><heading>Reporting Criteria</heading><content>(a) Interim and Final Reporting for the TRUE Grant Program. Grantees must file program and expenditure reports and student reports if applicable to the Coordinating Board during the grant period and at its conclusion as required by the RFA. Grantees shall provide information that includes, but is not limited to, the following:(1) Characteristics of the credential programs that are being worked on by the project;(2) Status of the grant project activities;(3) Budget expenditures by budget category;(4) Student level data for students receiving financial aid funded by the grant as applicable;(5) Student enrollment data as applicable; and(6) Any other information required by the RFA.(b) Ongoing Data Collection and Reporting for the TRUE Grant Program. Grantees shall submit necessary information concerning student enrollment, credential completion, and employment outcomes for students in TRUE funded programs per Texas Education Code, §61.883(a)(6). (c) The Coordinating Board will request an updated list of TRUE developed and funded credential programs with required data points from grant holders annually at the end of June of each year following the end of the grant period.(d) The Coordinating Board will request a roster with required data points for all students enrolled in the listed credential program or programs funded through TRUE from grant holders annually at the end of June of each year following the end of the grant period.</content><note type="source"><p>Source Note: The provisions of this §10.897 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scSS/s10.898"><num value="10.898">§10.898</num><heading>General Information</heading><content>(a) Cancellation or Suspension of Grant Solicitations. The Board and Commissioner retain the right to reject all applications and cancel a grant solicitation at any point.(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §10.898 adopted to be effective November 13, 2025, 50 TexReg 7240.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c10/scTT"><num value="TT">SUBCHAPTER TT</num><heading>TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE AND SKILLS (WORKS) INTERNSHIP PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.910"><num value="10.910">§10.910</num><heading>Authority and Purpose of the Texas Working Off-Campus: Reinforcing Knowledge and Skills (WORKS) Internship Program</heading><content>(a) Authority. The Texas Working Off-Campus: Reinforcing Knowledge and Skills (WORKS) Internship Program is authorized by Texas Education Code, chapter 56, subchapter E-1, §§56.0851 - 56.0857.(b) Purpose. The purpose of the program is to provide paid internships funded in part by the State of Texas to enable students employed through the program to attend public or private institutions of higher education in Texas while exploring career options, developing, and improving career readiness, and strengthening marketable skills.</content><note type="source"><p>Source Note: The provisions of this §10.910 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.911"><num value="10.911">§10.911</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Administrative and Financial Capacity--An employer must have legal authority to operate within the state of Texas, be in good standing and have the financial responsibility and administrative capability to administer the Texas Works Internship program.(2) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(3) Commissioner--The Commissioner of Higher Education.(4) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board.(5) Eligible Employer--An entity that meets the requirements listed in §10.912 of this subchapter (relating to Employer Eligibility and Participation Requirements).(6) Eligible Institution:(A) an institution of higher education as defined by Texas Education Code (TEC), §61.003(8); or(B) a private or independent institution of higher education, as defined by TEC, §61.003(15), other than a private or independent institution of higher education offering only professional or graduate degrees.(7) Eligible Wages--Gross wages paid to an individual student as required by the student's internship.(8) Half-Time Student--For undergraduates, enrollment or expected enrollment for the equivalent of six or more semester credit hours per regular semester.(9) Program or Texas Works Internship Program--The Texas Working Off-Campus: Reinforcing Knowledge and Skills (WORKS) Internship Program.(10) Resident of Texas--A resident of the State of Texas as determined in accordance with chapter 21, subchapter B, of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.</content><note type="source"><p>Source Note: The provisions of this §10.911 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.912"><num value="10.912">§10.912</num><heading>Employer Eligibility and Participation Requirements</heading><content>(a) In order to participate in the Texas Works Internship Program, an employer must:(1) be a private nonprofit or for-profit entity or a governmental entity;(2) enter into an agreement with the Coordinating Board;(3) provide employment to a student placed through the program in nonpartisan and nonsectarian activities that relate to the student's career interests with identifiable marketable skills;(4) use program positions only to supplement and not supplant positions normally filled by persons who are not eligible to participate in the program, as provided by this subchapter;(5) provide the entirety of an employed student's wages and employee benefits as well as submit eligible wages to the Coordinating Board for reimbursement;(6) follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admission or employment; and(7) Demonstrate the administrative and financial capacity to carry out the employer's responsibilities under the program, including the ability to pay full wages and benefits to a student employed through the program.(A) An employer must demonstrate its ability to properly administer the Texas Works Internship program. Administrative capability focuses on the processes, procedures, and personnel used in administering the program and comply with reporting requirements. Eligible employers must have an adequate internal system of checks and balances, monitoring and evaluating marketable skills, authorizing, and disbursing funds, and reporting data accurately and in a timely manner.(B) The Coordinating Board determines an employer's financial capacity based on its ability to meet all its financial obligations, meet third-party financial audit requirements, and satisfactorily resolved any past internship performance violations.(b) An employer is not eligible to participate in the program if the employer is:(1) a public or private institution of higher education in Texas; or(2) a career school or college, as defined by Texas Education Code, §132.001.</content><note type="source"><p>Source Note: The provisions of this §10.912 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.913"><num value="10.913">§10.913</num><heading>Employer Agreement</heading><content>An agreement between the Coordinating Board and eligible employers will establish the roles and responsibilities, base wages, Coordinating Board reimbursement amount, minimum work hours for students employed, compliance with hiring and employment laws, and data reporting terms and conditions.</content><note type="source"><p>Source Note: The provisions of this §10.913 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.914"><num value="10.914">§10.914</num><heading>Employer Reimbursement</heading><content>Eligible employers must meet program reporting requirements defined within the program guidelines to receive reimbursement for eligible paid student wages.</content><note type="source"><p>Source Note: The provisions of this §10.914 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.915"><num value="10.915">§10.915</num><heading>Qualified Internship Opportunity</heading><content>(a) A qualified internship position must meet a specific set of criteria, including:(1) Internship must identify marketable skills to be strengthened or gained;(2) Internship must be paid;(3) Internship must be a minimum of 96 hours;(4) Intern activities may not be political or sectarian in nature;(5) No more than 25% of intern's work can be administrative in nature;(6) No more than 50% of the eligible employer's workforce may be interns; and(7) Federal work study funds may not be received or used for the internship position.(b) The Coordinating Board has the right to set a maximum number of internship opportunities per eligible employer.(c) In the event that available funds are insufficient to award all selected eligible students, a priority determination clause will be implemented per program guidelines provided to eligible employers.</content><note type="source"><p>Source Note: The provisions of this §10.915 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.916"><num value="10.916">§10.916</num><heading>Student Eligibility</heading><content>(a) To be eligible for employment in the Program a person shall:(1) be a resident of Texas;(2) be enrolled for at least the number of hours required of a half-time student or enrolled within an internship course at an eligible institution the semester prior to the assigned internship as defined within program guidelines or actively enrolled at an eligible institution as a half-time student or within an internship course; and(3) be an undergraduate student.(b) A person is not eligible to participate in the Program if the person has not graduated from high school or received the equivalent of a high school diploma.(c) A person may not be employed in more than one Texas Works internship at a time.(d) Must meet additional eligibility criteria defined within the program guidelines provided to eligible employers.</content><note type="source"><p>Source Note: The provisions of this §10.916 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c10/scTT/s10.917"><num value="10.917">§10.917</num><heading>Records Retention</heading><content>All employers participating in the Texas Works Internship program shall:(1) Maintain its records and accounts of all transactions related to intern placement, benefit and wages for not less than seven (7) years after agreement expiration to ensure a full accounting of all funds received, disbursed, and expended by the employer. A participating employer shall immediately make available, upon request of the Coordinating Board, its representative(s), or an auditing entity authorized by law or regulation, all documents and other information related to the Texas Works Internship program.(2) Immediately make available upon request, records and accounts for inspecting, monitoring, programmatic or financial auditing, or evaluation by the Coordinating Board, its representative(s) and an auditing entity authorized by law or regulation for a period not less than seven (7) years, or whichever is later:(A) after completion of all services under the Texas Works Internship program;(B) after the date of the receipt of the participating employer's final claim for reimbursement or submission of the final expenditure report; or(C) upon final resolution of all invoice questions related to the Texas Works Internship program.</content><note type="source"><p>Source Note: The provisions of this §10.917 adopted to be effective August 15, 2024, 49 TexReg 5972.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c11"><num value="11">CHAPTER 11</num><heading>TEXAS STATE TECHNICAL COLLEGE SYSTEM</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c11/scA"><num value="A">SUBCHAPTER A</num><heading>PURPOSE, AUTHORITY, AND DEFINITIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c11/scA/s11.1"><num value="11.1">§11.1</num><heading>Purpose</heading><content>The purpose of this chapter is to prescribe rules and regulations for the Texas State Technical College System in the general operation of its campuses, extension facilities, and programs.</content><note type="source"><p>Source Note: The provisions of this §11.1 adopted to be effective August 23, 1998, 23 TexReg 8436.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scA/s11.2"><num value="11.2">§11.2</num><heading>Authority</heading><content>Texas Education Code, §§61.051, 61.053, 61.056, 61.058, 61.0583, 135.01, 135.04, 135.02, and 135.06, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to the review of its role and mission statement, new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.</content><note type="source"><p>Source Note: The provisions of this §11.2 adopted to be effective August 23, 1998, 23 TexReg 8436.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scA/s11.3"><num value="11.3">§11.3</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board or coordinating board--The Texas Higher Education Coordinating Board.(2) Campus--A residential unit of the Texas State Technical College System that grants certificate and associate of applied science degrees.(3) Commissioner of higher education or commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.(4) Governing board--The board of regents of the Texas State Technical College System.(5) Extension center--A site, operating under the administration of a campus, that has an extension program.(6) Extension program--Credit and non-credit instruction in technical and vocational education offered at an extension center.(7) System--The Texas State Technical College System.(8) Technical courses or programs--Workforce education courses or programs for which semester/quarter credit hours are awarded.(9) Vocational courses or programs--Workforce education courses or programs for which continuing education units (CEUs) are awarded.(10) Workforce education--Technical courses and programs for which semester/quarter credit hours are awarded, and vocational courses and programs for which continuing education units are awarded. Workforce education courses and programs prepare students for immediate employment or job upgrade within specific occupational categories.</content><note type="source"><p>Source Note: The provisions of this §11.3 adopted to be effective August 23, 1998, 23 TexReg 8436.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c11/scB"><num value="B">SUBCHAPTER B</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.21"><num value="11.21">§11.21</num><heading>Role and Mission</heading><content>(a) Texas Education Code, Section 135.01, creates the Texas State Technical College System and provides that it shall be a coeducational two-year institution of higher education offering courses of study in technical-vocational education for which there is demand within the State of Texas.(b) Texas State Technical College System shall contribute to the educational and economic development of the State of Texas by offering occupationally oriented programs with supporting academic course work, emphasizing highly specialized advanced and emerging technical and vocational areas for certificates or associate degrees. The Texas State Technical College System is authorized to serve the State of Texas through excellence in instruction, public service, faculty and manpower research, and economic development. The system's economic development efforts to improve the competitiveness of Texas business and industry include exemplary centers of excellence in technical program clusters on the system's campuses and support of educational research commercialization initiatives. Through close collaboration with business, industry, governmental agencies, and communities, including public and private secondary and postsecondary educational institutions, the system shall facilitate and deliver an articulated and responsive technical education system.(c) In developing and offering highly specialized technical programs with related supportive coursework, primary consideration shall be placed on industrial and technological manpower needs of the state. The emphasis of each Texas State Technical College System campus shall be on advanced or emerging technical programs not commonly offered by public junior colleges.(d) Role and mission statements are subject to the provisions of Chapter 9, Subchapter C of this title (relating to Purpose, Role, and Mission).</content><note type="source"><p>Source Note: The provisions of this §11.21 adopted to be effective August 23, 1998, 23 TexReg 8437.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.22"><num value="11.22">§11.22</num><heading>Establishing Additional Campuses</heading><content>(a) The Board shall review any proposed legislation establishing an additional Texas State Technical College campus. The review shall consider the state's need for the new campus. The Board shall report its findings to the Governor and the Legislature.(b) The Board shall make a recommendation regarding the need for a new campus. The recommendation shall require a favorable vote of at least two-thirds of the members of the Board.(c) A favorable recommendation by the Board is not required for the Legislature to establish a new campus.</content><note type="source"><p>Source Note: The provisions of this §11.22 adopted to be effective August 23, 1998, 23 TexReg 8437.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.23"><num value="11.23">§11.23</num><heading>Approval and Operation of Extension Programs and Centers</heading><content>(a) The system may establish an extension program in accordance with Texas Education Code, Section 135.06, and by approval of the Board.(b) The system may operate an extension center in accordance with Texas Education Code, Section 135.02, and under continuing review by the Board as outlined in Chapter 10 of this title (relating to Institutional Effectiveness in Public Community/Junior College Districts and Technical Colleges).</content><note type="source"><p>Source Note: The provisions of this §11.23 adopted to be effective August 23, 1998, 23 TexReg 8437.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.24"><num value="11.24">§11.24</num><heading>Approval of Land Acceptance or Acquisition</heading><content>The governing board may accept, acquire by purchase, lease, sell, transfer, or exchange land in the name of the State of Texas and make improvement to facilities in any of the counties in which a campus or extension center is located according to procedures outlined in Chapter 17 of this title (relating to Campus Planning).</content><note type="source"><p>Source Note: The provisions of this §11.24 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective February 25, 2004, 29 TexReg 1660.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.25"><num value="11.25">§11.25</num><heading>Audit of Facilities</heading><content>The Board shall periodically conduct a comprehensive audit of all educational and general facilities on the campuses of the Texas State Technical College System as outlined in Chapter 17 of this title (relating to Campus Planning).</content><note type="source"><p>Source Note: The provisions of this §11.25 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective February 25, 2004, 29 TexReg 1660.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.27"><num value="11.27">§11.27</num><heading>New Program and Course Approval</heading><content>(a) Courses and programs wholly or partially financed from state funds are subject to the prior approval and continuing review of the Board or as delegated to the Commissioner as specified in Chapter 9, Subchapter E of this title (relating to Certificate or Associate Degree Programs).(b) Before any new course or program may be offered by a campus or extension center within the taxing district of a public community/junior college, it must be established that the public community/junior college is not capable of offering or chooses not to offer the program. The campus or extension center must present evidence to the Commissioner that the public community/junior college is not capable of offering the program. After it has demonstrated to the Commissioner that the need for the program exists and that the program is not locally available, the campus or extension center may offer the program, provided approval is secured from the Commissioner. Approval of technical and vocational programs under this section does not apply to McLennan, Cameron, and Potter counties.(c) Where a local government, business, or industry located in a county or a portion of a county that is not operating a public community/junior college district requests that the campus or extension center offer a program, the campus or extension center must request approval from the Board or as delegated to the Commissioner, to offer the program.(d) Approval of any courses or programs offered at a campus or extension center under subsections (a), (b), and (c) of this section must be requested from the Board according to procedures prescribed in Chapter 9, Subchapter E of this title (relating to Certificate and Associate Degree Programs), and Chapter 9, Subchapter F of this title (relating to Workforce Continuing Education Courses).(e) Partnership agreements between any Texas State Technical College and public or independent institutions of higher education are permissible but are subject to the provisions of Chapter 9, Subchapter G of this title (relating to Contractual Agreements).</content><note type="source"><p>Source Note: The provisions of this §11.27 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective March 18, 1999, 24 TexReg 1773.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.28"><num value="11.28">§11.28</num><heading>Other Provisions Related to the System</heading><content>The Texas State Technical College System is subject to additional provisions of this title as prescribed in Chapter 4, Subchapters A, B, D, and F of this title (relating to Rules Applying to All Public Institutions of Higher Education in Texas and Chapter 9, Subchapters B, C, H, and I of this title (relating to Program Development in Public Community/Junior College Districts and Technical Colleges).</content><note type="source"><p>Source Note: The provisions of this §11.28 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective February 25, 2004, 29 TexReg 1660.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.29"><num value="11.29">§11.29</num><heading>Action and Order of the Board</heading><content>(a) Board action on the approval of additional campuses or extension centers, acquisition of land, or new program requests which are not delegated to the Commissioner shall be taken at the quarterly Board meeting after the request has been submitted.(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board of the Texas State Technical College System.</content><note type="source"><p>Source Note: The provisions of this §11.29 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective March 18, 1999, 24 TexReg 1773.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c11/scB/s11.30"><num value="11.30">§11.30</num><heading>Funding</heading><content>(a) The Board shall develop formulas by which administration, instruction, and physical plant operations and utilities are supported for each campus and extension program created prior to September 1, 1991.(b) The Board shall develop formulas by which administration and instruction are supported for each extension program created after September 1, 1991.</content><note type="source"><p>Source Note: The provisions of this §11.30 adopted to be effective August 23, 1998, 23 TexReg 8437.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c12"><num value="12">CHAPTER 12</num><heading>OPPORTUNITY HIGH SCHOOL DIPLOMA PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c12/scA"><num value="A">SUBCHAPTER A</num><heading>OPPORTUNITY HIGH SCHOOL DIPLOMA PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.1"><num value="12.1">§12.1</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement the Opportunity High School Diploma Program. The Opportunity High School Diploma Program is intended to provide an alternative means by which an adult student enrolled in a career and technical education program at a public junior college may earn a high school diploma at a college through concurrent enrollment in a competency-based education program.</content><note type="source"><p>Source Note: The provisions of this §12.1 adopted to be effective May 16, 2024, 49 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.2"><num value="12.2">§12.2</num><heading>Authority</heading><content>Texas Education Code, §130.458, authorizes the Board to adopt rules as necessary to implement Texas Education Code, Chapter 130, Subchapter O: Opportunity High School Diploma Program.</content><note type="source"><p>Source Note: The provisions of this §12.2 adopted to be effective May 16, 2024, 49 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.3"><num value="12.3">§12.3</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Application--An approved form adopted by the Commissioner that an institution shall use to seek approval to offer the Opportunity High School Diploma program.(2) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(3) Career and Technical Education Certificate--A post-secondary credential, other than a degree, which a student earns upon successful completion of a career and technical education (CTE) workforce or continuing education program offered by an institution of higher education.(4) Commissioner--The Commissioner of Higher Education.(5) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(6) General Academic Teaching Institution or General Academic Institution--Any college, university, or institution so classified in Texas Education Code, §61.003(3), or created and so classified by law.(7) Nonprofit Organization--Nonprofit means the entity, usually a corporation, is organized for a nonprofit purpose and designated as a 501(c)(3). This designation means a nonprofit organization that has been recognized by the Internal Revenue Service as being tax-exempt by virtue of its charitable programs.(8) Opportunity High School Diploma Program, Opportunity Diploma Program, or Program--Unless context indicates otherwise, means the Opportunity High School Diploma Program established under this subchapter.(9) Public Junior College--A public institution of higher education as defined in Texas Education Code, §61.003(2).(10) Public School District--A public school district is a local governmental entity created in accordance with the laws of the state of Texas having the primary responsibility for implementing the state's system of elementary and/or secondary education.</content><note type="source"><p>Source Note: The provisions of this §12.3 adopted to be effective May 16, 2024, 49 TexReg 3259; amended to be effective November 14, 2024, 49 TexReg 8889.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.4"><num value="12.4">§12.4</num><heading>Program Design and Administration</heading><content>(a) The Coordinating Board shall administer this program in consultation with the Texas Education Agency and the Texas Workforce Commission. A public junior college shall submit an application for approval to the Coordinating Board to offer this program.(b) The Commissioner will consult with the Texas Workforce Commission Chairman's Tri- Agency Workforce Council in determining program elements and competencies.</content><note type="source"><p>Source Note: The provisions of this §12.4 adopted to be effective May 16, 2024, 49 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.5"><num value="12.5">§12.5</num><heading>Program Requirements</heading><content>(a) General Requirements. The Opportunity High School Diploma Program is an alternative competency-based high school diploma program to be offered for concurrent enrollment to an adult student without a high school diploma who is concurrently enrolled in a career and technical education program at a public junior college. The program may include any combination of instruction, curriculum, internships, or other means by which a student may attain the knowledge sufficient to adequately prepare the student for postsecondary education or additional workforce education. (b) A student shall be concurrently enrolled in a program that is defined as a CTE certificate in §2.262 of this title (relating to Certificate Titles, Length, and Program Content), other than a Level 2 Certificate, Enhanced Skills Certificate, or an Advanced Technical Certificate. (c) Curricular Requirements. An approved public junior college shall embed required instructional outcomes and performance expectations in the program. A public junior college may also add curricular elements designed to meet regional employers' needs or specific workforce needs. Required instructional outcomes and performance expectations are detailed at https://reportcenter.highered.texas.gov/contracts/workforce-education/opportunity-high-school-diploma-instructional-outcomes-and-performance-expectations/ for the five core program competencies. Core program competencies shall include: (1) Quantitative Reasoning, including the application of mathematics to the analysis and interpretation of theoretical and real-world problems to draw relevant conclusions or solutions. (2) Communication Skills, including reading, writing, listening, speaking, and non-verbal communication. (3) Civics, including the structure of government, processes to make laws and policies, constitutional principles of checks and balances, separation of powers, federalism, and rights and responsibilities of a citizen. (4) Scientific Reasoning, including problem-solving that involves forming a hypothesis, testing the hypothesis, determining and analyzing evidence, and interpreting results. (5) Workplace Success Skills, including dependability, adaptability, working with others, initiative, resilience, accountability, critical thinking, time management, organizing, planning, problem-solving, conflict resolution, and self-awareness. (d) Prior Learning and Program Completions. A public junior college approved to offer this program shall determine each student's competence in each of the five core program competencies set out in subsection (c) of this section prior to enrolling the student in the program of instruction and upon the student's completion of the program of instruction. (1) The program of instruction assigned to each student will be based on the student's prior learning and assessments of the student's competencies for each of the five core program competencies set out in subsection (c) of this section. An institution may determine that a student has satisfied required learning outcomes for one or more core program competencies based on the student's prior learning. (2) An institution may use any of the following methods as documentation of a student's prior learning in the five core program competencies: (A) transcripted high school grades; (B) transcripted college credit; (C) achievement on a national standardized test such as the SAT or ACT; (D) credit earned through military service as recommended by the American Council on Education; or (E) demonstrated success on pre-program assessments. (3) The Commissioner shall identify, consider, and approve assessments, in consultation with the Texas Workforce Commission, to be used by a public junior college to determine a student's successful achievement of the five core program competencies and completion of the program. (4) Assessments approved by the Commissioner are listed in Figure 1.Attached Graphic(5) A public junior college that is approved to offer the program shall use an approved assessment to evaluate each student's competence in the five core program competencies as required under subsection (c) of this section. (e) Instructional Outcomes. A public junior college that is approved to offer the program shall embed the required instructional outcomes into their curriculum as required under subsection (c) of this section. (f) Performance Expectations. A public junior college that is approved to offer the program shall embed the performance expectations into their curriculum as required under subsection (c) of this section. (g) Location of Program. Subject to approval under this subchapter, a public junior college may enter into agreement with one or more public junior colleges, general academic teaching institutions, public school districts, or nonprofit organizations to offer this program. The public junior college may offer this program at any campus of an entity subject to an agreement to offer this program. (h) Award of High School Diploma. A public junior college participating in the program shall award a high school diploma to a student enrolled in this program if the student satisfactorily completes an approved assessment that provides evidence of competence in the five core program requirements as required under this rule. A high school diploma awarded under this program is equivalent to a high school diploma awarded under Texas Education Code, §28.025.</content><note type="source"><p>Source Note: The provisions of this §12.5 adopted to be effective May 16, 2024, 49 TexReg 3259; amended to be effective November 14, 2024, 49 TexReg 8889; amended to be effective November 13, 2025, 50 TexReg 7241.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.6"><num value="12.6">§12.6</num><heading>Eligible Institutions and Students</heading><content>(a) Eligible Institutions.(1) A public junior college may submit an application to the Coordinating Board for approval to offer an Opportunity High School Diploma Program.(2) Subject to approval under this subchapter, an eligible public junior college may enter into agreement to offer the program in consortium with one or more public junior colleges, general academic teaching institutions, public school districts, or nonprofit organizations. A public junior college's application shall describe the role of each member of the consortium in delivering the program elements.(b) Eligible Students. An institution may admit an adult student without a high school diploma to the Opportunity High School Diploma Program. Adult student means a student aged 18 or older on the date of first enrollment in the program. An institution shall concurrently enroll each eligible student in a career and technical education program.</content><note type="source"><p>Source Note: The provisions of this §12.6 adopted to be effective May 16, 2024, 49 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.7"><num value="12.7">§12.7</num><heading>Program Approval Process</heading><content>(a) Application Process. An eligible entity shall complete and submit an application to the Coordinating Board. Each application must:(1) Be submitted electronically in a format and location specified in the application;(2) Adhere to the program requirements specified in rule; and(3) Be submitted on or before the day and time specified in the application.(b) Required Elements of Program Approval Application. Unless otherwise specified in the application, an eligible public junior college must submit the following elements in a complete application for approval to offer this program:(1) A description of the program's design demonstrating compliance with program requirements listed under §12.5 of this subchapter (relating to Program Requirements), including the assessment to be used under §12.5(d)(4) of this subchapter.(2) Documentation of consultation with local employers and Workforce Development Boards in development of the program's curriculum.(3) For public junior colleges proposing to offer the program in consortium with one or more partners under §12.6(a)(2) of this subchapter (relating to Eligible Institutions and Students):(A) a memorandum of agreement with each member of the consortium; and(B) a description of the role that each member of the consortium will play in delivery of the Program.(c) Process for Approval.(1) An eligible public junior college may submit an application to participate in the Opportunity High School Diploma Program to the Coordinating Board. The Coordinating Board will review submitted applications for completeness of the elements required under §12.5 of this subchapter.(2) The Commissioner shall review the staff recommendation and any input by other entities and make the determination whether to approve the program.(3) The Commissioner may not approve more than the number of public junior colleges or consortia set forth in Texas Education Code, §130.454(c), to offer the Opportunity High School Diploma Program.(4) The Coordinating Board shall notify the public junior college of program approval and post a list of approved programs on the Coordinating Board website.</content><note type="source"><p>Source Note: The provisions of this §12.7 adopted to be effective May 16, 2024, 49 TexReg 3259; amended to be effective November 14, 2024, 49 TexReg 8889.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.8"><num value="12.8">§12.8</num><heading>Required Reporting</heading><content>(a) Each participating public junior college or consortia approved to offer this program shall report to the Coordinating Board via a form and on a schedule approved by the Commissioner for data collection required under this section. Each participating public junior college shall provide disaggregated data and information including, but not limited to, the following:(1) Student enrollment data;(2) Student completion data; and(3) Any other data or attributes as determined by the Commissioner.(b) Each participating public junior college or consortia approved to offer this program shall provide any additional reports certified in accordance with Coordinating Board data reporting requirements.(c) The Board shall submit to the Legislature a progress report on the effectiveness of this program and recommendations for legislative or other action no later than December 1, 2026.</content><note type="source"><p>Source Note: The provisions of this §12.8 adopted to be effective May 16, 2024, 49 TexReg 3259; amended to be effective November 14, 2024, 49 TexReg 8889.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.9"><num value="12.9">§12.9</num><heading>Funding</heading><content>(a) An Opportunity High School Diploma is a Fundable Outcome as defined in §13.556 of this title (relating to Performance Tier: Fundable Outcomes).(b) The Commissioner shall confer with the Texas Workforce Commission to identify additional funding to implement this subchapter.</content><note type="source"><p>Source Note: The provisions of this §12.9 adopted to be effective May 16, 2024, 49 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.10"><num value="12.10">§12.10</num><heading>Approval of a Request to Deliver an Opportunity High School Diploma Program</heading><content>(a) An institution shall submit an application prior to offering an Opportunity High School Diploma program.(b) The Assistant Commissioner will make the determination of administrative completeness of the application in accordance with §12.5 and §12.7 of this subchapter (relating to Program Requirements and Program Approval Process, respectively) within sixty days of receiving the application. In this subchapter, Assistant Commissioner means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner.(c) The Assistant Commissioner may allow an institution the opportunity to cure deficiencies in the proposed program application prior to making a recommendation to the Commissioner.(d) The Assistant Commissioner will make a recommendation to the Commissioner to:(1) Deny the proposed diploma program; or(2) Approve the proposed diploma program.(e) If the Assistant Commissioner recommends denial of approval, the institution may appeal that decision to the Commissioner in writing with all supporting documents within sixty days of notice of the denial of approval.(f) The Commissioner may, within sixty days of receiving a recommendation for approval from the Assistant Commissioner or an appeal from an institution, and at his or her sole discretion:(1) Determine if the application is complete and meets the requirements set out in this subchapter; and(2) Approve the proposed diploma program; or(3) Deny the proposed diploma program.(g) Decisions by the Commissioner regarding appeals are final and not subject to further appeal.(h) An institution shall implement an approved new Opportunity High School Diploma program within twelve months of the implementation date stated in the Coordinating Board approval letter or approval is withdrawn. The Commissioner may give one twelve-month extension of approval if an institution demonstrates good cause for the additional time and the delay will not harm students.</content><note type="source"><p>Source Note: The provisions of this §12.10 adopted to be effective November 14, 2024, 49 TexReg 8889.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.11"><num value="12.11">§12.11</num><heading>Program Review and Revision</heading><content>(a) The Coordinating Board shall convene the Opportunity High School Diploma Advisory Committee not less than annually to review the instructional outcomes, performance expectations, and assessments for each of the five core program competencies.(b) The Advisory Committee shall recommend revisions to the instructional objectives, performance expectations, and assessments to the Commissioner.(c) The Commissioner shall consider the Advisory Committee's recommendations.(1) Upon approval by the Commissioner, the revised instructional outcomes and performance expectations pertaining to §12.5(c) of this subchapter (relating to Program Requirements) shall include the date of approval and be posted at https://reportcenter.highered.texas.gov/contracts/workforce-education/opportunity-high-school-diploma-instructional-outcomes-and-performance-expectations/.(2) Upon approval by the Commissioner, the revised list of assessments pertaining to §12.5(d)(4) of this subchapter shall include the date of approval and be detailed in Figure 1 of this subchapter.(d) A public junior college approved to offer the Opportunity High School Diploma shall update or revise its program as necessary to meet any approved revisions and provide documentation to Coordinating Board of such revisions within ninety days of the effective date.</content><note type="source"><p>Source Note: The provisions of this §12.11 adopted to be effective November 14, 2024, 49 TexReg 8889.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c12/scA/s12.12"><num value="12.12">§12.12</num><heading>Revocation of Authorization</heading><content>(a) The Commissioner may revoke authorization of an Opportunity High School Diploma program based on the following factors:(1) noncompliance with application and/or the provisions of this subchapter;(2) lack of program success as evidenced by reports; or(3) failure to provide accurate, timely and complete information as required by §12.10 of this subchapter (relating to Approval of a Request to Deliver an Opportunity High School Diploma Program).(b) The Commissioner shall provide written notice of a proposed revocation, including the reason or reasons for the proposed revocation.(1) An institution offering an approved Opportunity High School Diploma program has thirty days to request a hearing on the proposed revocation. Such hearing request shall be submitted in writing and include copies of any documents that support the hearing request. A hearing shall be scheduled not later than sixty days from the date of Coordinating Board receipt of the hearing request, unless otherwise agreed.(2) The Commissioner will provide written notice of the proposed revocation no later than thirty days from the date of the hearing, or if no hearing is requested once the period to request a hearing has elapsed. Such notice shall provide for a reasonable period for students currently enrolled in the Opportunity High School Diploma program to be taught-out.</content><note type="source"><p>Source Note: The provisions of this §12.12 adopted to be effective November 14, 2024, 49 TexReg 8889.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c13"><num value="13">CHAPTER 13</num><heading>FINANCIAL PLANNING</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scA/s13.1"><num value="13.1">§13.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise or the relevant subchapter specifies a different definition.(1) Auxiliary Enterprise--Activities providing a service to students, faculty, or staff for a fee directly related to, although not necessarily equal to, the cost of the service.(2) Available University Fund (AUF)--A fund established in Article 7, §18, of the Texas Constitution to receive all interest and earnings of the Permanent University Fund and used to pay the debt service on PUF-backed bonds.(3) Base Year--The semesters comprising the year of contact hours used for applying the formula funding distribution to the colleges and universities (usually the summer and fall of even years and the spring of odd years).(4) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(5) Census Date--For the purpose of this chapter, the class day upon which an institution captures enrollment to report a student in attendance for the purposes of formula funding, as specified in Figure 1.Attached Graphic(6) Class Day--A day upon which an institution of higher education holds regularly scheduled classes. A day upon which an institution does not conduct classes due to closure of the institution or based on issuance of a disaster proclamation under Texas Government Code, chapter 418, may be excluded for the purpose of calculating class days.(7) Contact Hour--A time unit of instruction used by community, technical, and state colleges consisting of 60 minutes, of which 50 minutes must be direct instruction.(8) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(9) Coordinating Board Staff or Board Staff--Agency staff acting under the direction of the Board and the Commissioner.(10) Current Operating Funds--Unrestricted (appropriated) funds, designated funds, restricted funds, and auxiliary enterprise funds.(11) Developmental Coursework--Non-degree-credit courses designed to address a student's deficiencies.(12) Developmental Education--Courses, tutorials, laboratories, or other efforts to bring student skills in reading, writing, and mathematics to entering college level. English as a Second Language (ESL) courses may be considered developmental education, but only when they are used to bring student skill levels in reading or writing to entering college level. The term as used in this chapter does not include courses in study skills or thinking skills.(13) Formula Funding--The mathematical method used to allocate appropriated sources of funds among institutions of higher education.(14) Functional categories (as defined by National Association of College and University Business Officers)--Instruction, research, public service, academic support, student service, institutional support, operation and maintenance of plant, scholarships and fellowships, depreciation, auxiliary enterprises, and hospital.(15) General Academic Teaching Institution--Any college, university, or institution so classified in Texas Education Code, §61.003(3), or created and so classified by law.(16) General Revenue (GR)--State tax revenue.(17) Governmental Accounting Standards Board (GASB)--An entity created by the Financial Accounting Foundation to set accounting standards for governmental entities including public institutions of higher education.(18) Higher Education Fund (HEF)--A fund established in Article 7, §17, of the Texas Constitution to fund capital improvements and capital equipment for institutions not included in the Permanent University Fund.(19) Independent institution of higher education--A private or independent college or university as defined in Texas Education Code, §61.003(15), that is:(A) organized under the Texas Non-Profit Corporation Act;(B) exempt from taxation under Article VIII, §2, of the Texas Constitution and §501(c)(3) of the Internal Revenue Code; and(C) accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.(20) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in Texas Education Code, §61.003. (21) Institutional Expenditures--All costs of activities separately organized and operated in connection with instructional departments primarily for the purpose of giving professional training to students as a necessary part of the educational work of the related departments.(22) Institutional Funds--Fees, gifts, grants, contracts, and patient revenue, not appropriated by the legislature.(23) Local Funds--Tuition, certain fees, and other educational and general revenue appropriated by the legislature.(24) National Association of College and University Business Officers (NACUBO)--Provides guidance in business operations of higher education institutions.(25) Permanent University Fund (PUF)--A fund established in Article 7, §11, of the Texas Constitution to fund capital improvements and capital equipment at certain institutions of higher education.(26) Public Junior College--A public institution of higher education as defined in Texas Education Code, §61.003(2).(27) Public State College--Any public state college as defined in Texas Education Code, §61.003(16).(28) Public Technical Institute--Any public technical institute as defined in Texas Education Code, §61.003(7), excluding Lamar Institute of Technology.(29) Public Two-year College--Any public junior college, public community college, public technical institute, or public state college.(30) Semester Credit Hour (SCH)--A unit of measure of instruction consisting of 60 minutes, of which 50 minutes must be direct instruction, over a 15-week period in a semester system or a 10-week period in a quarter system.</content><note type="source"><p>Source Note: The provisions of this §13.1 adopted to be effective May 21, 2001, 26 TexReg 3625; amended to be effective May 23, 2004, 29 TexReg 5073; amended to be effective November 22, 2005, 30 TexReg 7727; amended to be effective June 6, 2016, 41 TexReg 3998; amended to be effective February 15, 2024, 49 TexReg 667; amended to be effective August 14, 2025, 50 TexReg 5213.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scC"><num value="C">SUBCHAPTER C</num><heading>BUDGETS</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scC/s13.40"><num value="13.40">§13.40</num><heading>Purpose</heading><content>Provide guidelines for uniform budget preparation, timeline for submission, and distribution of approved budgets.</content><note type="source"><p>Source Note: The provisions of this §13.40 adopted to be effective May 21, 2001, 26 TexReg 3626.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scC/s13.41"><num value="13.41">§13.41</num><heading>Authority</heading><content>The Texas Education Code, §61.065 authorizes the board to evaluate the informational requirements of the state for purposes of simplifying reports.</content><note type="source"><p>Source Note: The provisions of this §13.41 adopted to be effective May 21, 2001, 26 TexReg 3626.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scC/s13.42"><num value="13.42">§13.42</num><heading>Budget Approval</heading><content>(a) The governing board of each institution shall approve an itemized current operating budget on or before September 1 of each year.(b) The governing boards of The University of Texas System and the Texas A&M University System shall approve Permanent University Fund (PUF) and Available University (AUF) budgets on or before September 1 of each year.(c) The governing board of each institution eligible to receive HEF appropriations shall approve a HEF budget on or before September 1 of each year.</content><note type="source"><p>Source Note: The provisions of this §13.42 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scC/s13.43"><num value="13.43">§13.43</num><heading>Distribution of Budgets</heading><content>Copies of the current operating funds, PUF/AUF, and HEF budget shall be furnished to the Board and Legislative Budget Board electronically and bound paper copies to the Governor's Budget and Planning Office and Legislative Reference Library by December 1 of each fiscal year. Copies shall be maintained in the institution's library.</content><note type="source"><p>Source Note: The provisions of this §13.43 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077; amended to be effective February 26, 2014, 39 TexReg 1135; amended to be effective June 6, 2016, 41 TexReg 3998.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scC/s13.45"><num value="13.45">§13.45</num><heading>Format of Current Operating Funds Budgets</heading><content>The operating budgets shall:(1) include general revenue, local funds, and estimated institutional funds;(2) include detail by department for current and prior year;(3) include a summary by functional categories for current and prior year;(4) include a summary of the instructional budget by college or school for the current and preceding year;(5) include a summary by amount and method of finance for each listed informational item in the general appropriation act, and(6) be prepared within the limits of revenue available.</content><note type="source"><p>Source Note: The provisions of this §13.45 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scC/s13.46"><num value="13.46">§13.46</num><heading>Format for Permanent University Fund/Available University Fund (PUF/AUF) Budget</heading><content>The PUF/AUF budget shall:(1) include all projects approved for funding with PUF bonds by component institution and(2) include all debt service payments on PUF-backed bonds by component institution.</content><note type="source"><p>Source Note: The provisions of this §13.46 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scC/s13.47"><num value="13.47">§13.47</num><heading>Format for Higher Education Fund (HEF) Budget</heading><content>The HEF budget shall:(1) include all projects approved for funding with HEF bonds by component institution,(2) include all debt service payments on HEF-backed bonds by component institution, and(3) include all capital equipment and library books to be purchased during the fiscal year with HEF funds.</content><note type="source"><p>Source Note: The provisions of this §13.47 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077; amended to be effective June 6, 2016, 41 TexReg 3998.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scD"><num value="D">SUBCHAPTER D</num><heading>FINANCIAL REPORTING</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scD/s13.60"><num value="13.60">§13.60</num><heading>Purpose</heading><content>The purpose of this subchapter is to ensure uniformity and a true and full accounting of all financial transactions for all institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §13.60 adopted to be effective May 21, 2001, 26 TexReg 3627.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scD/s13.61"><num value="13.61">§13.61</num><heading>Authority</heading><content>The Texas Education Code, §61.065 authorizes the Texas Higher Education Coordinating Board and the Comptroller of Public Accounts to prescribe uniform financial reporting guidelines.</content><note type="source"><p>Source Note: The provisions of this §13.61 adopted to be effective May 21, 2001, 26 TexReg 3627.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scD/s13.63"><num value="13.63">§13.63</num><heading>Additional Financial Information Reporting</heading><content>(a) Each university system, general academic institution, technical or state college, and health-related institution shall provide to the Board financial data related to the operation of each system office and institution. This information should be reported in the Board's annual report of financial activity by fund group.(b) Each system office and institution of higher education, except public junior colleges, shall provide the report no later than January 1 of each year using the specific content and format prescribed by the Board.</content><note type="source"><p>Source Note: The provisions of this §13.63 adopted to be effective May 23, 2004, 29 TexReg 5078; amended to be effective February 15, 2024, 49 TexReg 668.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scD/s13.64"><num value="13.64">§13.64</num><heading>Available University Fund (AUF) Reporting</heading><content>(a) The University of Texas System Board of Regents and the Texas A & M University System Board of Regents shall report the uses of the Available University Fund (AUF) for each system component and for system office operations for the two previous years, the current year, and two future years (projected), including:(1) Debt service allocations, by component,(2) Bond proceeds allocations, by component,(3) Excellence allocations (by component), or system office, and their purposes,(4) Available University Fund income, interest, beginning- and end-of-year balances; and(5) The rationale used by the respective boards to distribute AUF funds.(b) In addition, by December 1 of each year, authorized managers of permanent funds and endowments whose earnings are appropriated in the General Appropriation Act shall submit an annual financial report that shall include, at a minimum, an income statement and balance sheet and a summary of the investment return of the fund during the preceding fiscal year. The annual financial report shall also contain:(1) A summary of all gains, losses, and income from investments and an itemized list of all securities held for the fund on August 31;(2) Any other information necessary to indicate clearly the nature and extent of investments made of the fund and all income realized from the components of the fund.(c) The annual financial report shall be distributed to the Governor, the Legislature, the Legislative Budget Board, and the Board by December 1 of each year.</content><note type="source"><p>Source Note: The provisions of this §13.64 adopted to be effective May 23, 2004, 29 TexReg 5078.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scE"><num value="E">SUBCHAPTER E</num><heading>TUITION REBATES FOR CERTAIN UNDERGRADUATES</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.80"><num value="13.80">§13.80</num><heading>Purpose</heading><content>The purpose of this program is to provide tuition rebates that will provide a financial incentive for students to prepare for university studies while completing their high school work, avail themselves of academic counseling, make early career decisions, and complete their baccalaureate studies with as few courses outside the degree plan as possible. Minimizing the number of courses taken by students results in financial savings to students, parents, and the state.</content><note type="source"><p>Source Note: The provisions of this §13.80 adopted to be effective May 21, 2001, 26 TexReg 3627.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.81"><num value="13.81">§13.81</num><heading>Authority</heading><content>The program is authorized by Texas Education Code, §54.0065.</content><note type="source"><p>Source Note: The provisions of this §13.81 adopted to be effective May 21, 2001, 26 TexReg 3627.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.82"><num value="13.82">§13.82</num><heading>Eligible Students</heading><content>To be eligible for a rebate under this program, a student must:(1) have enrolled for the first time in an institution of higher education in the fall 1997 semester or later;(2) request a rebate for coursework related to a first baccalaureate degree received from a general academic teaching institution;(3) have been a resident of Texas as set forth under Chapter 21, Subchapter B of this title (relating to Determining Residence Status) and have been entitled to pay resident tuition at all times while pursuing the degree;(4) if enrolled for the first time in fall 2005 or later, graduate within four calendar years for a four-year degree or within five calendar years for a five-year degree if the degree is in architecture, engineering, or any other program determined by the Board to require more than four years to complete; and(5) have attempted no more than three hours in excess of the minimum number of semester credit hours required to complete the degree under the catalog under which the student graduated.(A) Hours attempted shall include:(i) transfer credits;(ii) course credit earned exclusively by examination (except that, for the purposes of this program, only the number of semester credit hours earned exclusively by examination in excess of nine semester credit hours is treated as hours attempted);(iii) courses dropped after the official census date;(iv) optional internship and cooperative education courses; and(v) repeated courses.(B) Hours attempted shall not include:(i) course credit that is earned to satisfy requirements for a Reserve Officers' Training Corps (ROTC) program but that is not required to complete the degree program;(ii) course credit, other than course credit earned exclusively by examination, that is earned before graduating from high school; and(iii) courses dropped for reasons that are determined by the institution to be totally beyond the control of the student.(C) For students concurrently earning a baccalaureate degree and a Texas teaching certificate, required teacher education courses shall not be counted to the extent that they are over and above the free electives allowed in the baccalaureate degree program.</content><note type="source"><p>Source Note: The provisions of this §13.82 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective December 3, 2003, 28 TexReg 10756; amended to be effective November 22, 2005, 30 TexReg 7729; amended to be effective November 29, 2011, 36 TexReg 8014.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.83"><num value="13.83">§13.83</num><heading>Hardship Provisions</heading><content>Effective for students who enroll for the first time in fall 2005 or later, an otherwise eligible student may be eligible for a tuition rebate without satisfying the requirements of §13.82(4) of this title (relating to Eligible Students), if the student is awarded a baccalaureate degree and the institution determines that the student has demonstrated a hardship under the policy required by §13.85(g) of this title (relating to Responsibilities of Institutions).</content><note type="source"><p>Source Note: The provisions of this §13.83 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective November 22, 2005, 30 TexReg 7729.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.84"><num value="13.84">§13.84</num><heading>Amount of Tuition Rebates</heading><content>(a) The amount of tuition to be rebated to a student under this program is $1,000, unless the total amount of undergraduate tuition paid by the student to the institution awarding the degree was less than $1,000, in which event the amount of tuition to be rebated is an amount equal to the amount of undergraduate tuition paid by the student to the institution.(b) A student who paid the institution awarding the degree an amount of undergraduate tuition less than $1,000 may qualify for an increase in the amount of the rebate, not to exceed a total rebate of $1,000, for any amount of undergraduate tuition the student paid to other Texas public institutions of higher education by providing the institution awarding the degree with proof of the total amount of that tuition paid to other institutions.(c) Tuition rebates shall be reduced by the amount of any outstanding student loan, including an emergency loan, owed to or guaranteed by this state, including the Texas Guaranteed Student Loan Corporation. If a student has more than one outstanding student loan, the institution shall apply the amount of the rebate to the loans as directed by the student. If the student fails to provide timely instructions on the application of the amount, the institution shall apply the amount of the rebate to retire the loans with the highest interest rates first.</content><note type="source"><p>Source Note: The provisions of this §13.84 adopted to be effective May 21, 2001, 26 TexReg 3627.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.85"><num value="13.85">§13.85</num><heading>Responsibilities of Institutions</heading><content>(a) Institutions of higher education shall include information regarding this program in the institution's catalog.(b) If requested by potentially eligible students, institutions of higher education shall provide these students opportunities to enroll during each fall and spring semester in the equivalent of at least 12 semester credit hours that apply toward their degrees. Institutions are not required to provide students with the opportunity to enroll in specific courses or specific sections. Public two-year colleges will comply to the extent that courses for the current semester are being offered that apply to the student's baccalaureate degree program. The requirement may be met by allowing substitutions for required courses or by allowing concurrent enrollment in courses from another institution, so long as the courses are taught on the students' home campus and the students incur no financial penalty.(c) General academic teaching institutions shall provide students with appropriate forms and instructions for requesting tuition reimbursement at the time that students apply for baccalaureate degrees.(d) Institutions shall provide tuition rebates to students who apply within 60 days after graduation or provide the student with a statement explaining the reason the student is ineligible for the rebate.(e) Institutions shall provide a dispute resolution process to resolve disputes related to local administration of the program.(f) Disputes related to lower division credit transfer shall be resolved in accordance with Coordinating Board rules, §4.27 of this title (relating to Resolution of Transfer Disputes for Lower-Division Courses).(g) Institutions shall establish policies and procedures for allowing otherwise eligible students to qualify for tuition rebates under this program, if the student receives a baccalaureate degree and demonstrates that the failure to comply with §13.82(4) of this title (relating to Eligible Students) was caused by a hardship condition. The policies and procedures shall include, but shall not be limited to, the following conditions:(1) a severe illness or other debilitating condition that may affect the student's academic performance;(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or(3) performance of active duty military service.(h) Institutions may adopt policies and procedures for administering the program. For example, institutions may require students to declare their intent to qualify for a tuition rebate early in their careers or register prior to the beginning of the semester.</content><note type="source"><p>Source Note: The provisions of this §13.85 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective November 22, 2005, 30 TexReg 7729.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.86"><num value="13.86">§13.86</num><heading>Responsibilities of Students</heading><content>(a) Students desiring to qualify for tuition rebates are responsible for complying with all rules and regulations related to administration of the program.(b) Students desiring to qualify for tuition rebates are solely responsible for enrolling only in courses that will qualify them for the rebates.(c) A student who has transferred from another public or independent institution of higher education is responsible for providing to the institution awarding the degree official transcripts from all institutions attended by the student.(d) Students must apply for rebates prior to receiving their baccalaureate degrees on forms provided by the institution and must keep the institution apprized of their addresses for at least 60 days after their graduation date.</content><note type="source"><p>Source Note: The provisions of this §13.86 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective November 22, 2005, 30 TexReg 7729.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scE/s13.87"><num value="13.87">§13.87</num><heading>Source of Funding</heading><content>Tuition rebates shall be paid from institutional local funds. However, the enabling legislation provides that the Legislature shall account in the General Appropriations Act for the rebates in a way that provides a corresponding increase in the general revenue funds appropriated to the institution.</content><note type="source"><p>Source Note: The provisions of this §13.87 adopted to be effective May 21, 2001, 26 TexReg 3627.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scF"><num value="F">SUBCHAPTER F</num><heading>FORMULA FUNDING AND TUITION CHARGES FOR REPEATED AND EXCESS HOURS OF UNDERGRADUATE STUDENTS</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.100"><num value="13.100">§13.100</num><heading>Purpose</heading><content>This subchapter provides financial incentives for institutions to facilitate the progress of students through their academic programs and incentives for students to complete their degree programs expeditiously. Rules contained in this subchapter clarify the enabling legislation, define responsibilities of institutions and the Board in implementing the statute, and ensure that students are adequately informed.</content><note type="source"><p>Source Note: The provisions of this §13.100 adopted to be effective November 22, 2005, 30 TexReg 7730.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.101"><num value="13.101">§13.101</num><heading>Authority</heading><content>Texas Education Code, §61.0595, limits formula funding for excess hours. Texas Education Code, §61.059(r), establishes that contact hours or semester credit hours related to a course that a student is taking for the third time may not be reported for the purpose of formula funding. Texas Education Code, §61.059(b), grants the Coordinating Board the authority to devise, establish, and periodically review and revise formula recommendations for institutions of higher education. Texas Education Code, §130A, establishes the Public Junior College State Finance Program. Texas Education Code, §51.340, limits the number of remedial or developmental education semester credit hours for which formula funding may be received.</content><note type="source"><p>Source Note: The provisions of this §13.101 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective February 28, 2018, 43 TexReg 1082; amended to be effective May 18, 2023, 48 TexReg 2496; amended to be effective February 15, 2024, 49 TexReg 668; amended to be effective August 14, 2025, 50 TexReg 5213.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.102"><num value="13.102">§13.102</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Degree Plan--Academic program of courses and their related hours culminating in a degree or certificate, including minors, double majors, and completion of any other special program in which the student is also enrolled, such as a program with a study abroad component.(2) Excess Hours--Hours attempted by a student that are in excess of the limits and therefore ineligible for formula funding as described in §13.103 of this title (relating to Limitation on Formula Funding for Excess Hours).(3) Hours--Semester credit hours.(4) International Study Abroad Student--A student who is a citizen or permanent resident of a nation other than the United States who resides in the nation of which he or she is a citizen or permanent resident and who is in the United States and enrolled at a Texas public institution of higher education for a limited time as part of an exchange program or other study abroad program and who is not seeking a certificate or degree from a Texas Public institution of higher education.(5) Non-Course-Based Developmental Education Interventions (also known as Non-Semester-Length Interventions and also referred to as interventions)--Interventions that use learning approaches designed to address a student's identified weaknesses and effectively and efficiently prepare the student for college-level work. These interventions must be overseen by an instructor of record, must not fit traditional course frameworks, and cannot include advising or learning support activities already connected to a traditional course; interventions may include, but are not limited to, tutoring, supplemental instruction, or labs.(6) Remedial and Developmental Courses--Courses designed to correct academic deficiencies and bring students' skills to an appropriate level for entry into college. The term includes English for speakers of other languages (ESOL) courses in which a student is placed as a result of failing the reading or writing portion of a test required by §4.56 of this title (relating to Assessment Instruments).(7) Repeated Hours for Attempted Course--Hours for a course that is the same or substantially similar to a course that the student previously attempted for two or more times at the same institution. Previously attempted courses from which the student withdraws before the official census date shall not count as an attempted course.(8) Repeated Hours for Completed Course--Hours for a course in which a student enrolls for two or more times that is the same as or substantially similar to a course that the student previously completed and received a grade of A, B, C, D, F, or Pass/Fail at the same institution.(9) Student--For the purposes of this subchapter students are defined as undergraduate students.(10) Workforce Education Courses--Courses offered by two-year institutions for the primary purpose of preparing students to enter the workforce that are included in the Workforce Education Course Manual (WECM) or a college's technical local need course inventory. The term includes both technical courses and continuing education courses.</content><note type="source"><p>Source Note: The provisions of this §13.102 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective May 26, 2010, 35 TexReg 4153; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective August 15, 2013, 38 TexReg 5074; amended to be effective November 29, 2017, 42 TexReg 6624; amended to be effective May 18, 2023, 48 TexReg 2496; amended to be effective February 15, 2024, 49 TexReg 668.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.103"><num value="13.103">§13.103</num><heading>Limitation on Formula Funding for Excess Hours</heading><content>(a) An institution shall not submit excess hours to the Board for the purposes of formula funding, unless those hours are exempt under the provisions of §13.104 of this title (relating to Exemptions for Excessive Hours).(b) For the purpose of determining the number of hours required for a degree plan, each institution shall utilize the degree plan designated by the student as of the official census day of the term.(1) For a student who was initially enrolled in fall of 2023 and in an associate degree program the excess hours limit is the required semester credit hours for the degree, plus 15;(2) A student initially enrolled in fall of 2023 but not enrolled in any program is treated as enrolled in a baccalaureate degree program and the excess hours limit is 150;(3) For an undergraduate resident student initially enrolled in the fall of 2006 or later and in a baccalaureate degree program the excess hours limit is the hours required for the student's degree, plus 30;(4) For an undergraduate resident student initially enrolled in the fall of 1999 through summer 2006, the excess hours limit is the hours required for the student's degree, plus 45; and(5) For an undergraduate resident student initially enrolled before fall 1999, there is no excess hours limit.(c) If a student is enrolled on a temporary basis in a university or health-related institution and is also enrolled in a private or independent institution of higher education or an out-of-state institution of higher education, a Texas institution shall consider the student to be enrolled in a degree program requiring a minimum of 120 hours.(d) An institution shall not consider any hours for which a student has enrolled as part of a master's or professional degree program without first completing a baccalaureate degree in the calculation of the number of hours required for a baccalaureate degree or the equivalent until the student has completed a minimum of 120 hours required for the baccalaureate degree or equivalent.</content><note type="source"><p>Source Note: The provisions of this §13.103 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective May 18, 2023, 48 TexReg 2496.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.104"><num value="13.104">§13.104</num><heading>Exemptions for Excess Hours</heading><content>The following types of hours are exempt and are not subject to the limitation on formula funding set out in §13.103 of this title (relating to Limitation on Formula Funding for Excess Hours):(1) hours earned by an undergraduate student before the award of a prior associate or bachelor's degree;(2) hours earned through examination or similar method without registering for a course;(3) hours from remedial and developmental courses and/or interventions, workforce education courses, or other courses that would not generate credit that could be applied to an academic degree at the institution if the course work is within limitations specified in §13.107 of this title (relating to Limitation on Formula Funding for Remedial and Developmental Courses and Interventions);(4) hours earned by the student at a private institution or an out-of-state institution;(5) hours not eligible for formula funding;(6) semester credit hours earned by the student before graduating from high school and used to satisfy high school graduation requirements;(7) hours abandoned through enrollment under the Academic Fresh Start Program under Tex. Educ. Code Section 51.931; and(8) 15 semester credit hours not otherwise exempt earned toward a degree program by a student who:(A) has reenrolled at the institution following a break in enrollment from the institution or another institution of higher education covering at least the 24-month period preceding the first class day of the initial semester or other academic term of the student's reenrollment; and(B) successfully completed at least 50 semester credit hours of course work at an institution of higher education that are not exempt in paragraphs (1) - (7) of this section before that break in enrollment.</content><note type="source"><p>Source Note: The provisions of this §13.104 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective August 26, 2009, 34 TexReg 5679; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective February 28, 2018, 43 TexReg 1082; amended to be effective May 18, 2023, 48 TexReg 2496; amended to be effective February 15, 2024, 49 TexReg 668.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.105"><num value="13.105">§13.105</num><heading>Limitation on Formula Funding for Repeated Hours for Attempted Courses</heading><content>Institutions shall not submit for formula funding any hours for a course that is the same or substantially similar to a course that the student previously attempted for two or more times at the same institution unless the student meets the following conditions for a third attempt:(1) has reenrolled at the institution following a break in enrollment from the institution or another institution of higher education covering at least the 24-month period preceding the first class day of the initial semester or other academic term of the student's reenrollment; and(2) has successfully completed at least 50 semester credit hours of course work at an institution of higher education that are not exempt from the limitation on formula funding set out in §13.104(1) - (6) of this title (relating to Exemptions for Excess Hours) before that break in enrollment.</content><note type="source"><p>Source Note: The provisions of this §13.105 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective February 28, 2018, 43 TexReg 1082.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.106"><num value="13.106">§13.106</num><heading>Exemptions for Repeated Hours for Attempted Courses</heading><content>The following types of hours are exempt and are not subject to the limitation on formula funding set out in §13.105 of this title (relating to Limitation on Formula Funding for Repeated Hours for Attempted Course):(1) hours for remedial and development courses and/or interventions, if the course work is within the 27-hour limit at two-year colleges and the 18-hour limit at general academic institutions;(2) hours for special topics and seminar courses;(3) hours for courses that involve different or more advanced content each time they are taken, including but not limited to, individual music lessons, Workforce Education Courses, Manual Special Topics courses (when the topic changes), theater practicum, music performance, ensembles, certain physical education and kinesiology courses, and studio art;(4) hours for independent study courses; and(5) hours for continuing education courses that must be repeated to retain professional certification.</content><note type="source"><p>Source Note: The provisions of this §13.106 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective February 26, 2013, 38 TexReg 1161.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.107"><num value="13.107">§13.107</num><heading>Limitation on Formula Funding for Remedial and Developmental Courses and Interventions</heading><content>(a) General academic teaching institutions shall not submit for formula funding any hours for remedial and development courses and/or interventions for which a student has exceeded 9 semester credit hours of remedial and developmental courses and/or interventions. Up to 9 additional semester credit hours of English for speakers of other languages (ESOL) courses and/or interventions is allowed, bringing the maximum allowable to 18 semester credit hours.(b) Public community colleges, public technical institutes, or public state colleges shall not submit for formula funding any hours for remedial and development courses and/or interventions for which a student has exceeded 18 semester credit hours of remedial and developmental courses and/or interventions. Up to 9 additional semester credit hours of ESOL courses and/or interventions is allowed, bringing the maximum allowable to 27 semester credit hours.(c) General academic teaching institutions may not report students in developmental student success courses as defined in §13.102(6) of this title (relating to Definitions) for formula funding. General academic teaching institutions may report a student enrolled in a developmental student success intervention or in an ESOL course or intervention as defined in §13.102(5) of this title for formula funding only if the following conditions are met:(1) the student has not met state college readiness standards under Texas Education Code Chapter 51, Subchapter F-1, Texas Success Initiative;(2) the student is not currently an international study abroad student as defined in §13.102 of this title;(3) the student has not exceeded the number of semester credit hours of remedial and developmental courses and/or interventions specified in subsection (a) of this section; and(4) the student success intervention or the ESOL course or intervention meets the description for a developmental student success intervention or developmental ESOL course or intervention in the Lower Division Academic Course Guide Manual (ACGM).</content><note type="source"><p>Source Note: The provisions of this §13.107 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective August 15, 2013, 38 TexReg 5074; amended to be effective February 26, 2014, 39 TexReg 1136; amended to be effective November 29, 2017, 42 TexReg 6624.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scF/s13.109"><num value="13.109">§13.109</num><heading>Additional Responsibilities of Institutions</heading><content>(a) Each institution shall report to the Board all information required to comply with the provisions of this subchapter. Based upon this information, the Coordinating Board shall maintain a database containing information regarding the number of hours a student has accumulated.(b) Each institution shall publish information in the catalog about the limitations on hours set out in this subchapter and the tuition rate that will be charged to an affected student. Until this material is included in its catalog, the institution shall inform each new undergraduate student enrolling at the institution in writing of the limitations on formula funding and the tuition rate that will be charged to an affected student.(c) Each institution of higher education shall track the progress of each student in relation to the excess hours limit, notify the student of their progress toward the limit, and disclose the institution's tuition policy for a student who exceeds the limit. Notification shall occur no later than when a student seeking an associate degree has accumulated 60 hours and when a student seeking a baccalaureate degree has accumulated 120 hours.</content><note type="source"><p>Source Note: The provisions of this §13.109 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective May 18, 2023, 48 TexReg 2496.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scG"><num value="G">SUBCHAPTER G</num><heading>TUITION AND FEES</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.120"><num value="13.120">§13.120</num><heading>Authority and Purpose</heading><content>(a) Authority. Unless otherwise noted in a section, authority for these provisions is provided by Texas Education Code, chapter 54, subchapter B, Tuition Rates.(b) The purpose of this subchapter is to establish procedures relating to the determination of various tuition rates; the collection, refunding, and reporting of tuition; and the administration of other tuition-related matters.</content><note type="source"><p>Source Note: The provisions of this §13.120 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.121"><num value="13.121">§13.121</num><heading>Definitions</heading><content>The following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Mandatory or Required Fee--A fee authorized by statute or the governing board of an institution that the institution charges to all students as a condition of enrollment. For institutions other than public community colleges, such fees would be required to be paid by the census date or other date as mandated by the state for formula funding purposes.(2) Tuition--Statutory, designated, and/or board-authorized tuition.(A) Statutory Tuition--A tuition charge authorized under Texas Education Code, §54.051, in an amount determined by the Texas Legislature for a resident or nonresident student. This includes the charge for state-funded continuing education courses.(B) Designated Tuition--A tuition charge authorized under Texas Education Code, §54.0513, that institutions other than public community colleges may impose on any graduate or undergraduate, resident or nonresident student, in an amount that the governing board of the institution considers necessary for the effective operation of the institution.(C) Board-authorized Tuition--A tuition charge that a general academic teaching institution or a medical and dental unit may impose on any graduate resident or nonresident student in an amount as specified in Texas Education Code, §54.008.</content><note type="source"><p>Source Note: The provisions of this §13.121 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.122"><num value="13.122">§13.122</num><heading>Determination of Tuition Rate for Nonresident Students</heading><content>(a) Authorizing Statute. The Coordinating Board's responsibilities regarding tuition rates for nonresident students are authorized through Texas Education Code, §54.051, "Tuition Rates," and §54.0601, "Nonresident Tuition Rates at Certain Institutions," and the Coordinating Board is authorized to adopt rules by §54.075.(b) The following words and terms, when used in this section, shall have the following meanings:(1) Off-Campus Degree Program--A degree program that delivers fifty (50) percent or more of required instruction or coursework in-person at an off-campus educational site.(2) Off-Campus Educational Site--A location where an institution delivers required instruction for a credit-bearing course, certificate, or degree program in person. For a public university, health-related institution, or a Lamar state college, an off-campus educational site is any location outside the parent institution. For a community college (public junior college), an off-campus educational site is a site outside the public junior college service area. An off-campus educational site includes, but is not limited to:(A) Branch Campus--For a university, a major, secondary location of an institution offering multiple programs usually with its own administrative structure and usually headed by a dean. A branch campus must be established by the Legislature or approved by the Board. A junior college branch campus is approved and operated in accordance with Texas Education Code, chapter 130, subchapter K, and Board rules.(B) Extension Center--For Texas State Technical College, as defined in §11.3(5) of this title (relating to Definitions), a site, operating under the administration of a campus, that has an extension program.(C) Multi-Institution Teaching Center (MITC)--For a university, an off-campus educational unit administered under a memorandum of understanding (MOU) between two or more institutions of higher education. It may also involve one or more private or independent institution of higher education. It has minimal administration and locally provided facilities.(D) Regional Academic Health Center (RAHC)--A special purpose campus of a parent health-related institution(s) that may be used to provide undergraduate clinical education, graduate education, including a residency training program, or other level of medical education in specifically identified counties.(E) Single Institution Center--An off-campus educational unit administered by a single parent institution. It has minimal administration and locally provided facilities.(F) Special Purpose Campus--A major, secondary location of an institution offering programs related to specific and limited field(s) of study, usually with its own administrative structure and usually headed by a dean. Regional Academic Health Centers are considered special-purpose campuses. Special Purpose Campuses must be established by the Legislature or approved by the Board.(G) University System Center (USC)--An off-campus educational unit administered by a single university system comprised of two or more of the system's parent institutions. A memorandum of understanding must be established between all parties that governs the operations of the USC. It has minimal administration and locally provided facilities.(3) Off-Campus Student--A regularly enrolled student who is admitted to an institution and fifty (50) percent or more of the student's instruction is delivered in person at an off-campus location.(4) On-Campus Student--A regularly enrolled student who is admitted to an institution and fifty (50) percent or more of instruction is delivered at an institution's main campus or on one or more of the campuses within a multi-campus public junior college.(5) Parent Institution--The primary campus or campuses of an institution of higher education providing courses, certificates, and degree programs at an off-campus educational site.(c) In accordance with Texas Education Code, §54.051(m), the tuition rates for nonresident students that are provided by the applicable provisions of Texas Education Code, chapters 51 and 54, will be applied to any student who does not demonstrate residency per chapter 21, subchapter B of this title (relating to Determination of Resident Status), regardless of the student's citizenship.(d) Prior to January 1 of each calendar year in which the academic year begins, or as soon thereafter as is practicable, the Coordinating Board shall determine the minimum nonresident tuition rate per subsection (e) of this section, and report the rate to the appropriate institutions, pursuant to Texas Education Code, §51.051(d). This minimum rate generally applies to nonresident students enrolled in general academic teaching and health-related institutions, unless Texas law provides for a different rate to be applied to a particular program or student.(e) The minimum nonresident tuition rate set per semester credit hour per subsection (d) of this section, is calculated as dictated by Texas Education Code, §54.051.(f) Alternate Nonresident Tuition Rate. General academic teaching institutions, as defined by Texas Education Code, §61.003, "Definitions," are eligible to request an alternate nonresident tuition rate that is lower than otherwise calculated by subsection (d) of this section.(1) A general academic teaching institution may request an alternate nonresident tuition rate if the primary physical address of the parent institution is located within a 100-mile radius of the boundary of Texas with another U.S. state. If approved, this nonresident tuition rate applies only to the institution's on-campus students but includes students taking courses at both the parent institution and its off-campus educational sites.(2) A general academic teaching institution may request an alternate nonresident tuition rate if the primary physical address of an off-campus educational site offering at least one off-campus degree program is located within a 100-mile radius of the boundary of Texas with another U.S. state. If approved, this nonresident tuition rate applies only to the institution's off-campus students enrolled in an off-campus degree program offered at the approved off-campus educational site but includes students taking courses at both the parent institution and its off-campus educational sites.(3) The nonresident tuition rate under this subsection may be applied only to nonresident students who would otherwise be charged the minimum nonresident tuition rate or a multiplier of such rate. This includes undergraduate, graduate, law school, nursing and allied health profession, optometry, and undergraduate and graduate pharmacy students. It does not include M.D., D.O., D.D.S, or D.V.M. students.(4) For an institution that charges a nonresident tuition rate under this subsection, the Coordinating Board may not include in a formula under Texas Education Code, §61.059, "Appropriations," funding based on the number of nonresident undergraduate students enrolled at the institution in excess of 10 percent of the total number of undergraduate students enrolled at the institution.(5) In order to utilize a nonresident tuition rate under this subsection, the governing board of the institution, or designee if permitted by law, must submit a written request to the Coordinating Board that includes:(A) the proposed methodology for determining the nonresident tuition rate that the institution will use under this subsection;(B) the academic year(s) within a legislative biennium for which the general academic teaching institution is requesting approval to use the non-resident tuition rate under this subsection;(C) the primary physical address of the parent institution or off-campus educational site offering at least one off-campus degree program that is located within a 100-mile radius of the boundary of Texas with another state and at which the general academic teaching institution proposes to use the nonresident tuition rate under this subsection;(D) the U.S. state or states, of which any portion is within a 135-mile radius of the parent institution or off-campus educational site provided under subparagraph (C) of this paragraph, to whose residents the institution proposes to apply the nonresident tuition rate under this subsection;(E) an explanation of why offering a nonresident tuition rate under this subsection is in the best interest of the institution; and(F) an explanation of why offering a nonresident tuition rate under this subsection will not cause unreasonable harm to any other institution of higher education, as defined by Texas Education Code, §61.003, "Definitions."(6) The Commissioner shall review the requested tuition rate and determine if it is in the best interest of the institution and whether it would cause harm to any other institution. The Commissioner may deny or approve, in whole or in part, an institution's request, and will communicate his or her decision in writing to the requesting institution within thirty (30) calendar days of the Coordinating Board's receipt of the institution's request. To the extent approved by the Commissioner, the institution shall utilize the nonresident tuition rate under this subsection for residents of the eligible state or states included in the Commissioner's approval during the academic year(s) stated in the approval. Requests must be approved by the Commissioner prior to offering or publishing an alternate nonresident tuition rate to eligible students by the institution.(7) The nonresident tuition rate approved for a general academic teaching institution by the Coordinating Board under this subsection may not be less than $30 more than the resident tuition rate outlined in Texas Education Code, 54.051(c).(8) The difference between the nonresident tuition rate set annually by the Coordinating Board, under subsection (c) of this section, and an alternate nonresident tuition rate approved under this subsection shall be reported by the institution as a waiver on relevant Coordinating Board data submissions.(9) General academic teaching institutions who received Commissioner approval to offer a nonresident tuition rate under former §21.2264 of this title (relating to General Academic Teaching Institutions Located within 100 Miles of the Texas Border) for the 2024 - 2025 academic year prior to August 31, 2024, may continue to offer the approved nonresident tuition rate in the 2024 - 2025 academic year to individuals who qualified and established eligibility pursuant to §21.2264 as it existed prior to repeal.(10) If an individual received a nonresident tuition rate under former §21.2264 prior to the 2025 - 2026 academic year that was approved by the Commissioner, and is no longer eligible to receive the nonresident tuition rate based on this subsection, then the institution may continue to offer the nonresident tuition rate based on this subsection to that individual if that individual remains continuously enrolled and the institution has Commissioner approval to offer the nonresident tuition rate under this subsection for the applicable academic year.(11) Paragraph (10) of this subsection expires at the end of 2029 - 2030 academic year.</content><note type="source"><p>Source Note: The provisions of this §13.122 adopted to be effective November 14, 2024, 49 TexReg 8891.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.123"><num value="13.123">§13.123</num><heading>Collection of Tuition and Mandatory Fees</heading><content>(a) On or before the respective census date for the semester or term, as defined in §13.1 of this chapter (relating to Definitions), each institution of higher education, as defined by §13.1 of this chapter, shall collect in full from each student the amounts set as tuition and mandatory fees established by state law or the respective governing boards, unless:(1) the student's payment due date has been postponed due to pending disbursements of financial aid as described and provided by in Texas Education Code, §54.0071;(2) the student's payment due date has been postponed based on the student's election to pay tuition and mandatory fees by installment as provided in Texas Education Code, §54.007; or(3) the institution has determined that the student meets the eligibility requirements that allow the student to earn credit at no cost to the student, such as occurs in chapter 13, subchapter Q of this title (relating to Financial Aid for Swift Transfer (FAST) Program).(b) An institution of higher education may collect on a due date subsequent to the census date unpaid tuition and mandatory fee balances resulting from:(1) an adjustment to a student's enrollment status or an administrative action; or(2) unpaid residual balances of tuition and mandatory fees constituting less than five percent of the total amount of tuition and mandatory fees charged to the student by the institution for that semester or term.(c) An institution of higher education shall collect from each student who is to be counted for state formula funding appropriations, the tuition and mandatory fees established by state law or by its governing board on or before the end of the 20th class day for each regular semester and the 15th class day for each summer session.(1) An institution of higher education may fulfill its obligation under this section by complying with subsection (a) of this section.(2) An institution may consider a valid contract with the United States Government for instruction of eligible military personnel or a valid contract with private business or public service-type organization or institution, such as a hospital, as a collection for the purpose of this section after final payment and adjustment of the amount paid under the contract.(d) Each institution shall adopt a policy regarding the postponement of a student's payment due date due to pending disbursement of financial aid as described in Texas Education Code, §54.0071 and §54.007(f). The institution shall reference its tuition payment policy in any billing statement provided to students regarding the collection of tuition and mandatory fees.(e) The institution must require that a returned check be covered by a transfer from a self-supporting auxiliary enterprise fund or other non-state fund source (e.g., food service, bookstore) within ten days of the date the institution receives the returned check in order for semester credit hours, or their equivalent, to be submitted for state funding.(f) The institution may not reimburse an auxiliary enterprise or other non-state fund source with state-provided funds.(g) Each institution shall retain a record of individual student tuition or tuition and fee payment and returned checks for verification by the State Auditor.</content><note type="source"><p>Source Note: The provisions of this §13.123 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.124"><num value="13.124">§13.124</num><heading>Reporting of Tuition and Fees</heading><content>(a) Authority. Texas Education Code, §54.075, authorizes the Board to adopt rules to carry out the purposes of Texas Education Code, chapter 54, subchapter B.(b) Each institution of higher education, as defined in §13.1 of this chapter (relating to Definitions), shall report annually to the Coordinating Board the types and amounts of tuition and fees charged to students during the previous academic year. Each institution shall separate these data by semester.</content><note type="source"><p>Source Note: The provisions of this §13.124 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.125"><num value="13.125">§13.125</num><heading>Tuition Rate for Excess Hours of Undergraduate Students</heading><content>(a) Authority. Authority for this section is Texas Education Code, §54.014, Tuition for Repeated or Excessive Undergraduate Hours.(b) Excess Hours. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) may charge a higher tuition rate, not to exceed the rate charged to nonresident undergraduate students, to a student whose hours can no longer be submitted for formula funding under §13.103 of this chapter (relating to Limitation on Formula Funding for Excess Hours), unless those hours are exempted under §13.104 of this chapter (relating to Exemptions for Excess Hours).(c) If an institution charges a higher tuition rate under this section, it may adopt a policy under which a student is exempted from the payment of that higher tuition rate if payment of the higher tuition rate would result in an economic hardship for the student.</content><note type="source"><p>Source Note: The provisions of this §13.125 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.126"><num value="13.126">§13.126</num><heading>Tuition Rate for Repeated Hours of Undergraduate Students</heading><content>(a) Authority. Authority for this section is Texas Education Code, §54.014, Tuition for Repeated or Excessive Undergraduate Hours.(b) Repeated Hours. Unless the hours are exempted under §13.106 of this chapter (relating to Exemptions for Repeated Hours for Attempted Courses), an institution may charge a higher tuition rate, not to exceed the rate charged to nonresident undergraduate students, to a student who enrolls in a course he or she has already completed, regardless of whether the hours may be submitted for formula funding.(c) If an institution charges a higher tuition rate under this section, it shall adopt a policy under which a student is exempted from the payment of that higher tuition rate if payment of the higher tuition rate would result in an economic hardship for the student.(d) An institution shall exempt a student from payment of higher tuition for any course repeated in the final semester or term before graduation if the course(s) is taken for the purpose of receiving a grade that will satisfy a degree requirement. This exemption applies for only one semester. The exemption does not affect an institution's ability to charge a higher tuition rate for courses that cannot be reported for funding for other reasons such as the excess credit hour limit, or an institution's ability to waive higher tuition rates for economic hardship.</content><note type="source"><p>Source Note: The provisions of this §13.126 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.127"><num value="13.127">§13.127</num><heading>Notice to Students Regarding Designated Tuition Set Aside for Financial Assistance</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §56.014, Notice to Students Regarding Tuition Set Aside for Financial Assistance.(b) Each institution of higher education that is required to set aside a portion of a student's designated tuition to provide financial assistance shall provide to each student who pays designated tuition a notice that includes:(1) the amount of designated tuition that is set aside for financial aid programs, based on the number of semester credit hours (or equivalent) for which the students originally enrolled; and(2) the generalized formula the institution employs for calculating tuition set-asides.(c) For the purpose of subsection (b)(2) of this section, no update to the notice is required as a result of a change in the number of credit hours after the student originally enrolls.(d) The institution shall include the notice with one of the following:(1) the student's tuition bill or billing statement, if the institution provides the student with a printed bill or statement for the payment of tuition;(2) the student's tuition receipt, if the institution provides the student with a printed receipt for the payment of tuition; or(3) a statement prominently displayed in an e-mail, if the institution does not provide the student with a printed tuition bill, statement, or receipt.</content><note type="source"><p>Source Note: The provisions of this §13.127 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.128"><num value="13.128">§13.128</num><heading>Reserve Officers' Training Corps (ROTC) Program Fee Calculation</heading><content>(a) Authority. Authority for this section is Texas Education Code, §51.9112, Reserve Officers' Training Corps (ROTC) Program: Fees and Course Credit.(b) The Coordinating Board shall determine a standard fee for a course offered through a Reserve Officers' Training Corps (ROTC) program using the methodology described in subsection (d) of this section.(c) An institution of higher education may not charge a student enrolled in an ROTC course any amount for the course in excess of the standard fee, unless the institution offers course credit toward the student's degree for a course in which the student enrolls for the purposes of an ROTC program. In that case, the institution may charge the student tuition for that course after subtracting any reimbursement or other amount the institution receives from the applicable military service or other source for offering the course.(d) Methodology. Each year, the Coordinating Board will determine the standard ROTC fee for the forthcoming fiscal year using the procedure detailed in this subsection.(1) The Coordinating Board identifies (by querying the CBM0CS database for military science courses) all institutions of higher education with ROTC programs.(2) Using the General Academic Institution Expenditure Study, the Coordinating Board identifies the total non-salary expenditures and semester credit hours associated with upper- and lower-level undergraduate courses in the Liberal Arts discipline for the institutions identified in paragraph (1) of this subsection.(3) The data described by paragraph (2) of this subsection for the previous three fiscal years are used to forecast values for the current and forthcoming fiscal year using the FORECAST function in Microsoft Excel or a comparable forecasting function. Current fiscal year values are forecasted because actual values are not available at the time of calculation.(4) The Coordinating Board divides the forecasted expenditures for the forthcoming fiscal year by the forecasted semester credit hours for the forthcoming fiscal year, yielding a forecasted average expenditure per semester credit hour for the forthcoming fiscal year.(5) The forecasted average expenditure per semester credit hour for the forthcoming fiscal year described by paragraph (4) of this subsection is the standard ROTC program fee for the forthcoming fiscal year. This standard fee is determined annually by the Coordinating Board pursuant to Texas Education Code, §51.9112, and published on the Coordinating Board website.</content><note type="source"><p>Source Note: The provisions of this §13.128 adopted to be effective August 14, 2025, 50 TexReg 5214.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scG/s13.129"><num value="13.129">§13.129</num><heading>Refund of Tuition and Mandatory Fees at Public Junior Colleges, State Colleges, and Technical Institute</heading><content>(a) Authority. Authority for this section is Texas Education Code, §130.009.(b) Refund Schedule. A public junior college, public state college, or public technical institute, collectively public two-year college as defined in §13.1(29) of this chapter (relating to Definitions), as soon as practicable, shall at a minimum refund tuition and mandatory fees in excess of the minimum tuition collected for courses from which the students drop or withdraw, according to the schedule provided in the Figure: 19 TAC §13.129(b).Attached Graphic(1) A public two-year college shall use the definition of "class day" in §13.1 of this chapter in applying the provisions of this subsection.(2) A public two-year college shall apply the percentages indicated in the Figure: 19 TAC §13.129(b) to the tuition and mandatory fees collected for each course from which the student is withdrawing.(3) A public two-year college may not delay a refund on the grounds that the student may withdraw from the public two-year college later in the semester or term.(c) Prior to the census date, a public two-year college may allow hours to be dropped and re-added without penalty to the student if the exchange is an equal one. When the charges for dropped hours are greater than for the hours added, the public two-year college shall apply the refund policy outlined in subsection (b) of this section for the net charges being dropped. If the charges for hours being added exceed the charges for hours being dropped, the student must pay the net additional charges.(d) A public two-year college shall refund tuition and mandatory fees paid by a sponsor, donor, or scholarship to the source rather than directly to the student who has withdrawn if the funds were made available through the public two-year college.(e) If a student withdraws because the student is called into active military service, the public two-year college, at the student's option, shall:(1) refund the tuition and fees paid by the student for the semester in which the student withdraws;(2) grant a student, who is eligible under the public two-year college's guidelines, an incomplete grade in all courses by designating "withdrawn-military" on the student's transcript; or(3) as determined by the instructor, assign an appropriate final grade or credit to a student who has satisfactorily completed a substantial amount of course work and who has demonstrated sufficient mastery of the course material.</content><note type="source"><p>Source Note: The provisions of this §13.129 adopted to be effective February 12, 2026, 51 TexReg 725.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scI"><num value="I">SUBCHAPTER I</num><heading>PERFORMANCE INCENTIVE FUNDING</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scI/s13.150"><num value="13.150">§13.150</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) At-Risk Student--An undergraduate student who has one of the following attributes.(A) score on the Scholastic Assessment Test (SAT) or the American College Test (ACT) is less than the national mean score of students' scores on that test;(B) has been awarded a grant under the federal Pell Grant program;(C) was 20 years of age or older on the date the student initially enrolled in the institution;(D) enrolled as a part-time student; and(E) did not receive a high school diploma but received a high school equivalency certificate within the last six years.(2) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents.(3) Coordinating Board--The Texas Higher Education Coordinating Board.(4) Critical Field--Field of engineering, computer science, mathematics, physical science, allied health, nursing, or teacher certification in a field of science or mathematics.(5) Eligible Public Institution--A general academic teaching institution other than a public state college as defined in Texas Education Code, §61.003.</content><note type="source"><p>Source Note: The provisions of this §13.150 adopted to be effective November 30, 2009, 34 TexReg 8521.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scI/s13.151"><num value="13.151">§13.151</num><heading>Authority</heading><content>(a) Texas Education Code, §62.071, defines the eligibility for the Performance Incentive Funding.(b) Texas Education Code, §62.072, establishes the methodology for distribution of the funding provided for this purpose.(c) Texas Education Code, §62.073, authorizes the Board, to adopt rules for the administration of the program.</content><note type="source"><p>Source Note: The provisions of this §13.151 adopted to be effective November 30, 2009, 34 TexReg 8521.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scI/s13.152"><num value="13.152">§13.152</num><heading>Performance Incentive Fund (PIF)</heading><content>(a) Purpose. The purpose of this program is to provide funds to eligible institutions based on the degrees awarded as the increase in degrees awarded, as appropriated by the Legislature, as compared to previous outcomes.(b) Distribution.(1) 50 percent to be distributed among eligible institutions in proportion to the increase, if any, in the average number of degrees awarded annually by each institution in the two most recent fiscal years from the average number of degrees awarded annually by that institution in the two fiscal years immediately preceding those fiscal years, using the weights assigned to each degree.(2) 50 percent to be distributed among eligible institutions in proportion to the average number of degrees awarded annually by each institution in the three most recent fiscal years, using the weights assigned to each degree.(c) Calculation of awards. A number of points is assigned for each degree awarded by an eligible institution according to the following:(1) Noncritical field--not at-risk student: 1 point(2) Noncritical field--at-risk student: 2 points(3) Critical field--not at-risk student: 2 points(4) Critical field--at-risk student: 3 points</content><note type="source"><p>Source Note: The provisions of this §13.152 adopted to be effective November 30, 2009, 34 TexReg 8521.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scJ"><num value="J">SUBCHAPTER J</num><heading>TEXAS FUND FOR GEOGRAPHY EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scJ/s13.180"><num value="13.180">§13.180</num><heading>Authority, Scope, and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Subchapter X, Texas Fund for Geography Education. These rules establish procedures to administer the fund as prescribed in the Texas Education Code, §§61.942 through 61.945.(b) Scope. Unless otherwise noted, this subchapter applies to the National Geographic Society, the Texas Higher Education Board, and any institution seeking funding from the Texas Fund for Geography Education.(c) Purpose. This subchapter establishes guidelines for the creation and implementation of the Texas Fund for Geography Education, which will support projects to improve the quality of geography education in both public and higher education in Texas and promote a better understanding of Texas by all its residents.</content><note type="source"><p>Source Note: The provisions of this §13.180 adopted to be effective November 28, 2001, 26 TexReg 9605.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scJ/s13.181"><num value="13.181">§13.181</num><heading>Definitions</heading><content>The following words and terms, when used in these sections, shall have the following meanings unless the context clearly indicates otherwise.(1) Agreement--The agreement between the National Geographic Society and the Coordinating Board to create and administer the Texas Fund for Geography Education.(2) Board--The Texas Higher Education Coordinating Board.(3) Commissioner--The Commissioner of Higher Education.(4) Committee--The advisory committee appointed by the Commissioner to solicit and recommend grant proposals.(5) Fund--The Texas Fund for Geography Education, which consists of funds contributed by the Board, the Society, and donors and income to the fund.(6) Society--The National Geographic Society of Washington, D.C.</content><note type="source"><p>Source Note: The provisions of this §13.181 adopted to be effective November 28, 2001, 26 TexReg 9605.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scJ/s13.182"><num value="13.182">§13.182</num><heading>Agreement with National Geographic Society</heading><content>(a) The Board shall enter into an agreement with the Society to create and to manage the fund, subject to the following conditions:(b) The Board shall deposit money into the fund only in an amount equal to the matching funds deposited by the Society;(c) The Society shall provide to the advisory committee an annual report describing the fund's investments; and(d) The Board and the Society shall each retain the right to dissolve the agreement if the purposes herein are not being accomplished.(e) The Board may transfer to the Society any amount appropriated by the Texas Legislature to the Board for that purpose.(f) The Board or the Society may accept donations from private individuals or corporations who wish to contribute to the fund.</content><note type="source"><p>Source Note: The provisions of this §13.182 adopted to be effective November 28, 2001, 26 TexReg 9605.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scJ/s13.183"><num value="13.183">§13.183</num><heading>Dissolution of the Fund</heading><content>If the Board or the Society dissolves the fund, the fund balance shall be distributed in the following manner:(1) one-half to the general revenue fund of the State of Texas;(2) remainder to donors to the fund, in the amount the donor deposited; and(3) any further remainder to the Society.</content><note type="source"><p>Source Note: The provisions of this §13.183 adopted to be effective November 28, 2001, 26 TexReg 9605.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scJ/s13.184"><num value="13.184">§13.184</num><heading>Advisory Committee</heading><content>The Commissioner shall appoint an advisory committee of seven (7) persons who have expertise and interest in geography education. The committee shall include at least one member representing the interests and needs of K-12 education. The committee shall solicit grant proposals, consider those proposals, and make recommendations to the Society.</content><note type="source"><p>Source Note: The provisions of this §13.184 adopted to be effective November 28, 2001, 26 TexReg 9605; amended to be effective November 29, 2017, 42 TexReg 6624.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scJ/s13.185"><num value="13.185">§13.185</num><heading>Procedures for Solicitation and Recommendation of Grant Proposals</heading><content>The Committee shall, in cooperation with the Society, establish standards and procedures for soliciting grant proposals, the grant application process, consideration of proposals, committee recommendations to the Society, and awarding of grants.</content><note type="source"><p>Source Note: The provisions of this §13.185 adopted to be effective November 28, 2001, 26 TexReg 9605.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scJ/s13.186"><num value="13.186">§13.186</num><heading>Eligibility</heading><content>Public and private and independent institutions of higher education as defined in Texas Education Code, §61.003 shall be eligible to compete for grants.</content><note type="source"><p>Source Note: The provisions of this §13.186 adopted to be effective November 28, 2001, 26 TexReg 9605.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scK"><num value="K">SUBCHAPTER K</num><heading>DETERMINATION OF RESIDENT STATUS</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.191"><num value="13.191">§13.191</num><heading>Authority and Applicability</heading><content>(a) Authority. Texas Education Code, §54.075, authorizes the Board to adopt rules to carry out the purposes of Texas Education Code, chapter 54, subchapter B, concerning the determination of resident status.(b) Applicability. Each institution of higher education shall use the provisions of this subchapter for the determination of the entitlement to resident status under any provision of the Texas Education Code, Title 3. To the extent that a private or independent institution of higher education chooses to participate in a program or activity authorized by Texas Education Code, Title 3 that requires a determination of entitlement to resident status, the institution shall use the provisions of this subchapter for that purpose.</content><note type="source"><p>Source Note: The provisions of this §13.191 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.192"><num value="13.192">§13.192</num><heading>Definitions</heading><content>In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions), the following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise or the relevant subchapter specifies a different definition:(1) Core Residency Questions--Board promulgated questions that a person completes for an institution's use in determining if the person is a Texas resident. The Core Residency Questions shall be included in the ApplyTexas Application and posted on the Board's website.(2) Dependent--A person who:(A) is less than 18 years of age and has not been emancipated by marriage or by court order; or(B) is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986 26 U.S. Code §152, regardless whether another person has claimed the dependent.(3) Domicile--A person's principal, permanent residence to which the person intends to return after any temporary absence, as defined in Texas Education Code, §54.0501(3).(4) Lawfully Present Alien--A non-U.S. citizen who seeks resident tuition and who proves by clear and convincing evidence that the alien is lawfully present in the United States as required by 8 U.S.C. §1623(a). (5) Nonresident Tuition--The amount of tuition paid by a person who is not a Texas resident and who is not entitled or permitted to pay resident tuition under this subchapter and as defined in Texas Education Code, §54.0501(4).(6) Parent--A natural or adoptive parent, managing or possessory conservator, or legal guardian of a person. Parent does not otherwise include a stepparent.(7) Private High School--A private, parochial, or home school in Texas.(8) Regular Semester--A fall or spring regular semester typically consisting of sixteen weeks.(9) Residence--A person's home or other dwelling unit, as defined in Texas Education Code, §54.0501(6).(10) Resident Tuition--The amount of tuition paid by a person who is a resident of Texas, as defined in Texas Education Code, §54.0501(7).(11) Residential Real Property--Land and improvements that include a dwelling intended for long-term human habitation. (12) Significant Gainful Employment--Employment, including self-employment, intended to provide an income to a person or allow a person to avoid the expense of paying another person to perform the tasks (as in child care) that is sufficient to provide at least one-half of the person's tuition, fees and living expenses as determined in keeping with the institution's student financial aid budget or that represents an average of at least twenty hours of employment per week. A person who is living off his/her earnings (present or past - such as pensions, veterans' benefits, social security, and savings from previous earnings) may be considered gainfully employed for purposes of establishing domicile, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, internships, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment for purposes of resident determination.(13) Temporary Absence--When a person who has previously met the criteria for resident status but is absent only for a short duration (i.e., less than one year) from the state of Texas and the person has the intention to return to the person's domicile in Texas. The short duration limitation on temporary absences does not apply to absences resulting from a person's or dependent's parent's service in the U.S. Armed Forces, U.S. Public Health Service, or U.S Department of State, due to employment assignment, or for educational purposes.</content><note type="source"><p>Source Note: The provisions of this §13.192 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.193"><num value="13.193">§13.193</num><heading>Effective Date of this Subchapter</heading><content>Changes to this subchapter adopted in October 2025, are effective to resident status decisions for payment of tuition made after the census date of the fall Regular Semester, 2025. Resident status determinations made prior to the effective date of these rules are governed by the state or federal law, including those modified by court order, at the time of determination.</content><note type="source"><p>Source Note: The provisions of this §13.193 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.194"><num value="13.194">§13.194</num><heading>Determination of Resident Status</heading><content>(a) Persons Classified as Texas Residents. Subject to other applicable provisions of this subchapter, for an institution to classify a person as a resident of Texas, the person must demonstrate by clear and convincing evidence, and each institution shall verify, that the person is a U.S. citizen or lawfully present alien and falls within at least one of the following categories:(1) a person, other than a dependent, who qualifies for resident status pursuant to Texas Education Code, §54.052(a)(1), and who:(A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the person is enrolled in an institution; and(B) maintained that domicile continuously for the year (12 months) preceding that census date;(2) a dependent whose parent:(A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the dependent is enrolled in an institution; and(B) maintained the domicile continuously for the year (12 months) preceding the census date; or(3) a person who:(A) is a U.S. Citizen, permanent resident, or is otherwise lawfully present in the United States, and graduated from a public or private high school in Texas or received a State of Texas Certificate of High School Equivalency or other diploma or high school degree recognized by the state; and(B) maintained a residence continuously in Texas for:(i) the three years (36 months) preceding the date of graduation or receipt of the diploma equivalent, as applicable; and(ii) the year (12 months) preceding the census date of the academic term in which the person is enrolled in an institution.(b) Presumption of Domicile. Pursuant to Texas Education Code, §54.052(b), the domicile of a dependent's parent, as established in accordance with §13.196(c) of this subchapter (relating to Information Needed to Document Resident Status), is presumed to be the domicile of the dependent, except when the person establishes eligibility of resident status under subsection (a)(3) of this section. An institution may require copies of a person's (and/or one or both of their parents') filed tax returns as evidence that the person is or is not a dependent.(c) Except as provided in subsection (d) of this section, an institution may not require a person to provide evidence of resident status beyond what is necessary to make determinations under this subchapter.(d) A person seeking resident tuition has the burden of proof to show by clear and convincing evidence that the person is eligible for resident tuition. (1) An institution may collect information necessary to determine that a person is eligible for resident tuition. (2) An institution may request any additional information reasonably necessary to verify that a student seeking resident tuition pursuant to Texas Education Code, §54.052(a)(3), is lawfully present. An institution may verify lawful presence by confirming an applicant's eligibility with the United States Citizenship and Immigration Services (USCIS).</content><note type="source"><p>Source Note: The provisions of this §13.194 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.195"><num value="13.195">§13.195</num><heading>Core Residency Questions</heading><content>(a) In order for an institution to make an initial determination regarding a person's resident status under §13.194 of this subchapter (relating to Determination of Resident Status), the institution shall require each student who seeks resident tuition to complete the set of Core Residency Questions provided in Figure: 19 TAC §13.195(a), which is incorporated into this subchapter for all purposes, and evidence described in §13.196 of this subchapter (relating to Information Needed to Document Resident Status).Attached Graphic(b) Additionally, each student seeking resident tuition under §13.194(a)(3) of this subchapter shall also provide the institution with an affidavit in the form promulgated by the Board and provided in Figure: 19 TAC §13.195(b), which is incorporated into this subchapter for all purposes, stating that the person is able to demonstrate that he or she: is a lawfully present alien, can provide any documentation necessary for the institution to verify the contents of the affidavit required by this section, and will apply to become a permanent resident of the United States as soon as the person is eligible to do so.Attached Graphic(c) Clarifying Core Residency Questions. In instances where answers to the Core Residency Questions under "General Comments" are unclear, an institution may request information necessary to support or clarify a person's original answers, in accordance with §13.194(d).</content><note type="source"><p>Source Note: The provisions of this §13.195 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.196"><num value="13.196">§13.196</num><heading>Information Needed to Document Resident Status</heading><content>(a) Evidence Supporting Domicile in Texas Pursuant to Texas Education Code, §54.052(a)(1). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a person seeks to enroll at an institution in determining a person's claim of domicile in Texas.(1) Significant Gainful Employment:(A) An employer's statement of dates of employment and salary earned in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls showing the salary the person earned or pay stubs for twelve consecutive months immediately preceding the census date, reflecting significant gainful employment in Texas or proof of other equivalent income earned such as pensions, veterans' benefits, social security, and savings from previous earnings for twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.(B) For a person who is unemployed and living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the person for at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.(C) For a person who is self-employed, federal tax documents showing significant gainful employment and domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.(2) Residential Real Property. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, renting, or leasing, with the person having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls. (3) Marriage. Marriage certificate or declaration of registration of informal marriage with documentation to support that the spouse has established and maintained domicile in Texas for the twelve consecutive months prior to the census date of the academic term in which the person enrolls.(4) Ownership of a Business. Documents that evidence the organization of the business in Texas for twelve consecutive months prior to the census date of the academic term in which the person enrolls that reflect the person's continuous, substantial economic interest and customary management of the business with evidence of intended continuous operation for the foreseeable future. An institution may request any documents necessary to establish entitlement to resident tuition in accordance with Section 13.194(d).(b) A person who has established domicile by satisfying at least one of the factors described in subsection (a)(1) - (4) of this section, and who continues to` reside in Texas, except for temporary absences, is considered to have maintained domicile for the period of time unless the person takes steps to the contrary.(c) Evidence Supporting a Dependent Pursuant to Texas Education Code, §54.052(a)(2). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a dependent seeks to enroll at an institution in determining a dependent's parent's claim of domicile in Texas.(1) Significant Gainful Employment of the Parent:(A) An employer's statement of dates of employment and salary earned by the dependent's parent in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls showing the salary the dependent's parent earned or pay stubs for twelve consecutive months immediately preceding the census date, reflecting significant gainful employment in Texas or proof of other equivalent income such as pensions, veterans' benefits, social security, and savings from previous earnings for twelve consecutive months immediately preceding the census date the dependent enrolls.(B) For a dependent's parent who is unemployed and living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the dependent's parent for the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.(C) For a dependent's parent who is self-employed, federal tax documents showing domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.(2) Residential Real Property of the Parent. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, rental, and leasing with the dependent's parent having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.(3) Marriage of the Parent. Marriage certificate or declaration of registration of informal marriage with documentation to support that the dependent's parent's spouse has established and maintained domicile in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.(4) Ownership of a Business of the Parent. Documents that evidence the organization of the business in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls, that reflect the dependent's parent's continuous, substantial economic interest and customary management of the business with evidence of intended continuous operation for the foreseeable future. Documents that may be used to show customary management or continuous operation of a business include client invoices, bank statements, receipts for sales or expenses, and tax documents.(d) For a dependent whose parent who has demonstrated domicile by satisfying at least one of the factors described in subsection (c)(1) - (4) of this section and continues to reside in Texas, except for temporary absences, the dependent's parent is considered to have maintained domicile for the period of time unless the parent takes steps to the contrary.(e) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(i). Each institution should accept a person's high school transcript, GED, or receipt of diploma equivalent showing three years of attendance at a public or private high school in Texas before graduation or receipt of diploma equivalent as evidence supporting a person's claim of residence in Texas. In cases where there may be a gap between a person's high school transcript, GED, or receipt of diploma equivalent, and the person is seeking to establish continuous residence for the three-year period, the person shall use the factors listed in subsection (f) of this section.(f) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(ii). Each institution shall require at least one of the following types of evidence in determining a person's claim of residence in Texas:(1) Utility bills for the twelve consecutive months immediately preceding the census date;(2) Texas high school transcript(s) for the person's full senior year or twelve months immediately preceding the census date;(3) Texas voter registration card that was issued at least twelve months preceding the census date;(4) Texas vehicle registration that was issued at least twelve months immediately preceding the census date;(5) Possession of a valid Texas driver's license or Texas identification card that was issued at least twelve months immediately preceding the census date;(6) Lease or rental of residential real property in the name of the person for the twelve consecutive months immediately preceding the census date; or(7) any other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school.(g) A person whose initial purpose for moving to Texas is to attend an institution as a full-time student will be presumed not to have the required intent to make Texas his or her domicile; however, the presumption may be overruled by clear and convincing evidence.(h) A person shall not be able to establish domicile by performing acts which are directly related to fulfilling educational objectives or which are required or routinely performed by temporary residents of the State.(i) Members of the United States Armed Forces. A member of the United States Armed Services whose Home of Record with the military is Texas is presumed to be a Texas resident, as are his or her spouse and dependent children. A member whose Home of Record is not Texas but who provides the institution Leave and Earnings Statements that show the member has claimed Texas as his or her place of residence for the twelve consecutive months prior to enrollment is presumed to be a Texas resident, as are his or her spouse and dependent children.(j) An institution may not require a person to provide evidence of resident status beyond what is necessary to make determinations under this subchapter.(k) Documentation provided to an institution in accordance with this subchapter, must be retained by the institution in paper or electronic format as required by the institution's record retention schedule.</content><note type="source"><p>Source Note: The provisions of this §13.196 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.197"><num value="13.197">§13.197</num><heading>Continuing Resident Status</heading><content>(a) Except as provided under subsections (b) and (c) of this section, a person classified by an institution as a resident of Texas under this subchapter may, without submitting the information required by §13.195 and §13.196 of this subchapter (relating to Core Residency Questions and Information Needed to Document Resident Status, respectively), be classified as a resident by any institution in each subsequent academic term in which the person enrolls unless the person provides information to the institution, or the institution identifies information, including a change in fact or law, that indicates a change in resident status is appropriate or required as indicated in §13.198 or §13.199 of this subchapter (relating to Reclassification Based on Changed or Additional Information and Errors in Classification for Nonresident Tuition, respectively).(b) If a person is not enrolled in an institution for two or more consecutive regular semesters, then the person must reapply for resident status and shall submit the information required in §13.195 and §13.196 of this subchapter and satisfy all the applicable requirements to establish resident status.(c) Institutions shall not apply continuing resident status to students who are not lawfully present.</content><note type="source"><p>Source Note: The provisions of this §13.197 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.198"><num value="13.198">§13.198</num><heading>Reclassification Based on Changed or Additional Information</heading><content>(a) An institution may reclassify a person previously classified as a resident or nonresident under this subchapter based on additional or changed information.(b) If a person discovers additional or changed information which may affect their resident or nonresident classification status, the person shall timely provide the information to the institution.(c) If a person is initially classified as a nonresident, the person may request reclassification by providing the institution with the documentation described in §13.195 and §13.196 of this subchapter (relating to Core Residency Questions and Information Needed to Document Resident Status, respectively).(d) Any change made under this section shall apply to the first succeeding academic term in which the person is enrolled, if the change is made on or after the census date of that academic term. If the change is made prior to the census date, it will apply to the academic term in which the change was made.</content><note type="source"><p>Source Note: The provisions of this §13.198 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.199"><num value="13.199">§13.199</num><heading>Liability for Errors in Classification</heading><content>(a) If an institution erroneously classified a person as a Texas resident and the person is not entitled or permitted to pay resident tuition, liability for payment of nonresident tuition is as outlined in this subchapter:(1) the institution shall charge nonresident tuition to the person beginning with the first academic term that begins after the date the institution discovers the error; and(2) the person is liable for the difference between resident and nonresident tuition for each academic term in which the person paid resident tuition as a result of the error in classification.(b) Liability is Limited. An institution is limited to the provisions outlined in §13.200 of this subchapter (relating to Liability for Errors in Classification) for the sanction of a student based on unpaid tuition owed by a person due to errors in classification for nonresident tuition.(c) Regardless of whether the person is still enrolled at the institution, not earlier than the first day of the academic term that begins after the date the institution discovers the error, the institution may request the person to pay the difference between resident and nonresident tuition.</content><note type="source"><p>Source Note: The provisions of this §13.199 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.200"><num value="13.200">§13.200</num><heading>Liability for Errors in Classification</heading><content>(a) The following persons are liable to pay the difference between resident and nonresident tuition for each academic term in which the person paid resident tuition as the result of an error in classification under this subchapter:(1) A person who, upon receiving information that the person reasonably should have known would be relevant to or could lead to a correction or reclassification of the person's resident or nonresident classification status, failed to provide the information to the institution in a timely manner;(2) A person who provided false information to the institution that the person reasonably knew or should have known could lead to an error in classification by the institution under this subchapter; or(3) A person whose institution received or discovered information relevant to, or could lead to, a correction of a person's resident or nonresident classification status.(b) The person liable under subsection (a) of this section shall pay the applicable amount to the institution not later than the 30th day after the date the institution notified a person of the person's liability for the amount owed. After receiving the notice and until the amount is paid in full, the person is not entitled to receive from the institution a certificate or diploma, if not yet awarded on the date of the notice, or official transcript that is based at least partially on or includes credit for courses taken while the person was erroneously classified as a Texas resident. An institution may not withhold a transcript if prohibited by federal law.(c) Subsequent Enrollment. An institution may not require a person to pay unpaid tuition owed as a condition for any subsequent enrollment by the person in the institution.(d) A person who an institution erroneously classified as a resident of Texas but who is entitled or permitted to have their nonresident tuition reduced to the same amount as resident tuition is not liable for the difference between resident and nonresident tuition under this section.</content><note type="source"><p>Source Note: The provisions of this §13.200 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.201"><num value="13.201">§13.201</num><heading>Institutional Errors in Classification for Resident Tuition</heading><content>(a) Regardless of the reason for the error, if an institution erroneously classifies a person as a nonresident, the institution shall charge resident tuition to the person beginning with the academic term in which the institution discovers the error.(b) If an institution incorrectly charged or classified a person as liable for nonresident tuition when the student was entitled to pay resident tuition, the institution shall immediately refund the amount of tuition the person paid in excess of resident tuition.</content><note type="source"><p>Source Note: The provisions of this §13.201 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.202"><num value="13.202">§13.202</num><heading>Resident Status Determination Official</heading><content>Each institution shall designate at least one individual who is employed by the institution as a Resident Status Determination Official who shall be knowledgeable of the requirements set out in this subchapter and the applicable statutes, including state and federal law, and who is responsible for determining the resident status of students at the institution.</content><note type="source"><p>Source Note: The provisions of this §13.202 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scK/s13.203"><num value="13.203">§13.203</num><heading>Required Notification Regarding Permanent Residency</heading><content>Each institution shall provide a notification to each student who demonstrated that the student is a lawfully present alien of the student's obligation to apply for Permanent Resident status as soon as the student is eligible to do so, pursuant to Texas Education Code, §54.053(3)(B). An institution shall provide this notification to each applicable student upon admission, annually while the student is enrolled, and upon graduation or separation from the institution.</content><note type="source"><p>Source Note: The provisions of this §13.203 adopted to be effective November 13, 2025, 50 TexReg 7243.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scM"><num value="M">SUBCHAPTER M</num><heading>TOTAL RESEARCH EXPENDITURES</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scM/s13.300"><num value="13.300">§13.300</num><heading>Purpose and Scope</heading><content>The purpose of this subchapter is to establish standards and accounting methods for determining total research expenditures, by fund source, based on all research conducted at Texas institutions of higher education. These amounts are for use in the allocation of the Texas Comprehensive Research Fund, National Research Support Fund, Texas Research University Fund, Texas University Fund, and formula funding for research, as authorized in an applicable biennium's General Appropriations Act.</content><note type="source"><p>Source Note: The provisions of this §13.300 adopted to be effective August 30, 2016, 41 TexReg 6481; amended to be effective February 15, 2024, 49 TexReg 669.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scM/s13.301"><num value="13.301">§13.301</num><heading>Authority</heading><content>Texas Education Code, §61.0662, requires the Coordinating Board to maintain an inventory of all institutional and programmatic research activities being conducted by all institutions of higher education. Texas Education Code, §62.051, establishes the Texas Research University Fund and §62.053, authorizes the Coordinating Board to prescribe standards and accounting methods for determining the amount of total research funds expended. Texas Education Code, §62.152, authorizes the Board to adopt rules as necessary to implement chapter 62, subchapter G (Texas University Fund).</content><note type="source"><p>Source Note: The provisions of this §13.301 adopted to be effective August 30, 2016, 41 TexReg 6481; amended to be effective February 15, 2024, 49 TexReg 669.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scM/s13.302"><num value="13.302">§13.302</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) All Other Expenditures--Expenditure of all other funds not reported under the expenditure categories of Business, Nonprofit Organizations, Institutional Funds, State and Local Government or Federal Expenditures, as defined in this section. All Other Expenditures includes funds from foreign universities, foreign governments, portions of gifts designated for research by the donors (including from the reporting institution's 501(c)(3)), and nonfederal and nonstate funds received from other institutions of higher education.(2) Annual Financial Report (AFR)--Institutional financial report for one fiscal year as required by Texas Education Code, §51.005.(3) Areas of Special Interest--Major research topics important to the public, or required by statute, as listed in the Research Expenditure Survey.(4) Board--The governing body of the Texas Higher Education Coordinating Board.(5) Business Expenditures--Expenditure of funds from domestic or foreign for-profit organizations.(6) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(7) Coordinating Board Staff or Board Staff--Agency staff acting under the direction of the Board or the Commissioner.(8) Federal Expenditures--Expenditure of funds received by the reporting institution from any agency of the United States government for research and development. These include reimbursements, contracts, grants, and any identifiable amounts spent on research and development from Federal programs including Federal monies passed through state agencies to the reporting institution and federal funds that were passed through to the reporting institution from another institution.(9) General Academic Teaching Institution--Any public general academic teaching institution as defined in Texas Education Code, §61.003(3).(10) Health Related Institution--Any medical and dental unit as defined in Texas Education Code, §61.003(5).(11) Institutional Fund Expenditure --This includes funds expended for R&D that are controlled at the institutional level, such as Available University Fund (AUF), Tobacco Settlement Receipts, patient income (unless defined by Texas Education Code, §51.009(c)), or other funding held locally used for R&D, excluding institution research administration and support. This category includes cost sharing from unrestricted sources (cost sharing from restricted sources should be classified according to the underlying source) and unrestricted funds from the reporting institution's 501(c)(3).(12) Nonprofit Organization Expenditures--Expenditure of funds from domestic or foreign non-profit foundations and organizations, except universities and colleges.(13) Other Agency of Higher Education--Any public agency of higher education as defined in Texas Education Code, §61.003(6).(14) Pass-through to Sub-recipient--Sponsored project funds that are passed from one entity to a sub-recipient. The sub-recipient expends the funds to carry out part of the sponsored project on behalf of the pass-through entity.(15) Private Expenditures--Expenditure of funds reported as Business Expenditures, Non-profit Organization Expenditures, and All Other Expenditures.(16) Research and Development (R&D)--Research and Development activity is creative and systematic work undertaken in order to increase the stock of knowledge "including knowledge of humankind, culture, and society" and to devise new applications of available knowledge. R&D covers three activities: basic research, applied research, and experimental development. R&D does not include public service or outreach programs, curriculum development (unless included as part of an overall research project), or non-research training grants. R&D excludes capital projects (i.e., construction or renovation of research facilities).(17) R&D Training--Activities involving the training of individuals in research techniques are included in R&D, where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function.(18) Research Expenditures or Expenditures--In a specific fiscal year, expenditure of funds paid out by an institution to support institutional Research and Development activities. Expenditures exclude in-kind donations.(19) Research Expenditure Survey--The mandatory survey instrument administered by the Coordinating Board pursuant to Texas Education Code, §61.0662, that establishes total R&D expenditures for each institution by research field and areas of special interest, both accounted by funding source. The survey includes specific adjustments to account for ineligible R&D expenditures and separately accounts for pass-through expenditures to other general academic teaching institutions, health related institutions, or other agencies of higher education in Texas, by funding source.(20) Research fields--Subject areas for R&D, as listed in the Research Expenditure Survey.(21) Sources and Uses Template--An annual survey of Texas general academic and health-related institutions, administered by the Coordinating Board pursuant to Texas Education Code, §61.065, and §13.63 of this chapter (relating to Additional Financial Information Reporting), to detail financial information and provide specific information about revenues and expenditures.(22) Sponsored Projects--Sponsored projects include grants, contracts, cooperative agreements and other legally binding means of transfer under which an entity provides a return benefit to, or agrees to provide a defined deliverable or complete a specified set of activities for, an external sponsor in exchange for funds. External sponsors are those that are not part of the entity.(23) State and Local Government Expenditures--Expenditure of funds received for R&D via appropriations from the state of Texas, including non-formula support items, patient income as defined in Texas Education Code, §51.009(c), and funds received from any state, county, municipality, or other local government entity in the United States, including state health agencies. Expenditures include state funds that support R&D at agricultural and other experiment stations.(24) State of Texas Contracts and Grants--A subset of State and Local Government Expenditures that includes only expenditures of interagency contracts, contracts with Texas local governments, and other such state funding sources for R&D, including grants.(25) State of Texas Source Expenditures--A subset of State and Local Government Expenditures that includes only expenditures of funds appropriated by the state of Texas for research, including state appropriated research non-formula support items and research formula funding.</content><note type="source"><p>Source Note: The provisions of this §13.302 adopted to be effective August 30, 2016, 41 TexReg 6481; amended to be effective February 15, 2024, 49 TexReg 669; amended to be effective November 14, 2024, 49 TexReg 8894.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scM/s13.303"><num value="13.303">§13.303</num><heading>Standards and Accounting Methods for Determining Total Research Expenditures</heading><content>(a) Research expenditure reporting for all institutions of higher education. Each institution shall reconcile its research expenditures from the AFR to the total R&D expenditures of the Research Expenditure Survey by a:(1) Decrease of the AFR total by the amount of R&D expenditures that do not meet the definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey, such as pass-throughs to other general academic teaching institutions, health related institutions, and other agencies of higher education in Texas.(2) Increase of the AFR total by the amount of recovered indirect costs associated with expenditures for R&D as reported through the Research Expenditure Survey.(3) Increase of the AFR total by the amount of capital outlay for research equipment, not including R&D plant expenditures or construction.(4) Increase of the AFR total by the amount of expenditures for conduct of R&D made by an institution's research foundation, or 501(c) corporation on behalf of the institution, and not reported in the institution's AFR, including recovered indirect costs and capital outlay for research equipment.(5) Increase of the AFR total to include expenditures, including recovered indirect costs and capital outlay for research equipment related to research performed by the agency or institution but reported by a separate agency or institution that received and expended the funding. The agency or institution that received and expended the funding but did not perform the research must make a corresponding decrease of its AFR total for this amount. This accounting event is not a pass-through to subrecipient as defined in §13.302(14) of this subchapter (relating to Definitions).(b) This subsection applies to the general academic teaching institutions with a health related institution as defined in §13.302(10) of this subchapter (relating to Definitions); that is listed as a health related institution in the General Appropriations Act, Special Provisions Relating only to State Agencies of Higher Education; and that submit a singular annual financial report.(1) Research expenditures shall be reported separately by the general academic teaching institution and health related institution using a methodology that allocates amounts to the general academic teaching institution and health related institution according to the proportion of the expenditures attributed to the principal investigator and any co-investigators.(2) The primary appointment of each investigator shall determine to which entity (the general academic teaching institution or health related institution) the investigator's allocated expenditures are assigned and reported.(3) Subsection (b) of this section will take effect beginning with the reporting of expenditures made during fiscal year 2025.(c) R&D expenditures for Texas A&M University include consolidated expenditures from Texas A&M University and its service agencies.</content><note type="source"><p>Source Note: The provisions of this §13.303 adopted to be effective August 30, 2016, 41 TexReg 6481; amended to be effective May 19, 2022, 47 TexReg 2860; amended to be effective February 15, 2024, 49 TexReg 669; amended to be effective November 14, 2024, 49 TexReg 8894.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scM/s13.304"><num value="13.304">§13.304</num><heading>Reporting of Total Research Expenditures</heading><content>(a) The Coordinating Board shall annually post a report of total research expenditures of all institutions of higher education on its website.(b) Not later than January 1 of each year, the Board shall submit to the legislature information regarding human stem cell research reported by the institutions to the Coordinating Board in the Research Expenditure Survey from reports required by this subsection.</content><note type="source"><p>Source Note: The provisions of this §13.304 adopted to be effective August 30, 2016, 41 TexReg 6481; amended to be effective February 15, 2024, 49 TexReg 669; amended to be effective November 14, 2024, 49 TexReg 8894.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scM/s13.305"><num value="13.305">§13.305</num><heading>Institutional Reporting of Total Research Expenditures by Funding Source</heading><content>(a) Each institution shall report all research expenditures on the Research Expenditure Survey using the following categories:(1) Federal Expenditures;(2) State and Local Government Expenditures;(3) Business Expenditures;(4) Nonprofit Organization Expenditures;(5) Institutional Fund Expenditures; and(6) All Other Expenditures.(b) Each institution shall report State of Texas Source Expenditures and State of Texas Contracts and Grants as subsets of State and Local Government Expenditures.(c) Each institution shall report the original source of expenditures, unless the institution lacks source information. Institutions shall report each category and show adjustments by the amount of R&D expenditures that do not meet the definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey, as defined in §13.302(19) of this subchapter (relating to Definitions), such as pass-throughs to other general academic teaching institutions, health related institutions, and other agencies of higher education in Texas.</content><note type="source"><p>Source Note: The provisions of this §13.305 adopted to be effective February 15, 2024, 49 TexReg 669; amended to be effective November 14, 2024, 49 TexReg 8894.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scO"><num value="O">SUBCHAPTER O</num><heading>FORMULA FUNDING FOR DISTANCE EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scO/s13.450"><num value="13.450">§13.450</num><heading>Purpose and Scope</heading><content>The purpose of this subchapter is to establish the methods for issuing formula funding for instruction delivered via distance education.</content><note type="source"><p>Source Note: The provisions of this §13.450 adopted to be effective May 18, 2023, 48 TexReg 2497.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scO/s13.451"><num value="13.451">§13.451</num><heading>Authority</heading><content>Authority for this subchapter is provided by Texas Education Code §61.0512(g), which provides the authority for the Coordinating Board to approve courses for credit and distance education programs, as well as Texas Education Code §61.059, which provides the Coordinating Board the authority to devise formulas to submit as recommendations to the Legislature and the Governor for all institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §13.451 adopted to be effective May 18, 2023, 48 TexReg 2497.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scO/s13.452"><num value="13.452">§13.452</num><heading>Definitions</heading><content>The definitions in this subchapter are contained in Chapter 2, Subchapter J, §2.202 of this title (relating to Definitions).</content><note type="source"><p>Source Note: The provisions of this §13.452 adopted to be effective May 18, 2023, 48 TexReg 2497.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scO/s13.453"><num value="13.453">§13.453</num><heading>Formula Funding for Distance Education - General Provisions</heading><content>The following provisions apply to distance education courses and programs offered with authorization under Chapter 2, Subchapter J, of this title (relating to Approval of Distance Education for Public Institutions).(1) Institutions shall report distance education courses submitted for formula funding in accordance with the Board's uniform reporting system and the provisions of this subchapter.(2) Institutions may submit for formula funding academic credit courses delivered by distance education to any student located in Texas or to Texas residents located out-of-state or out-of-country.(3) Institutions, with the exception of those outlined in paragraph (5) of this section, shall not submit for formula funding 100-percent online courses taken by non-resident students who are located out-of-state or out-of-country, courses in out-of-state or out-of-country programs taken by any student, or self-supporting courses.(4) For courses not submitted for formula funding, institutions shall charge fees that are equal to or greater than Texas resident tuition and applicable fees and that are sufficient to cover the total cost of instruction and overhead, including administrative costs, benefits, computers and equipment, and other related costs. Institutions shall report fees received for self-supporting and out-of-state/country courses in accordance with general institutional accounting practices.(5) Pursuant to Texas Education Code §54.231(a) and (f) and §61.059(n), Texas A&M University-Texarkana may submit distance education courses for formula funding that are taken by students enrolled in the university that reside in a county contiguous to the county in which Texas A&M University-Texarkana is located and who, under Texas Education Code §54.060(a), are eligible to pay resident tuition.(6) If a non-Texas resident student enrolls in regular, on-campus courses for at least one-half of the normal full-time course load as determined by the institution, the institution may report that student's fully distance education or hybrid/blended courses for formula funding enrollments.</content><note type="source"><p>Source Note: The provisions of this §13.453 adopted to be effective May 18, 2023, 48 TexReg 2497.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scO/s13.454"><num value="13.454">§13.454</num><heading>Effective Date</heading><content>Each rule under this subchapter applies to distance education delivered on or after December 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §13.454 adopted to be effective May 18, 2023, 48 TexReg 2497.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scP"><num value="P">SUBCHAPTER P</num><heading>TUITION EXEMPTIONS AND WAIVERS</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.460"><num value="13.460">§13.460</num><heading>Definitions</heading><content>In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise or the relevant subchapter specifies a different definition:(1) Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, personal expenses, and other allowable costs for financial aid purposes).(2) Discretionary Exemption or Waiver--An exemption or waiver that an eligible institution, as specified in program rules, may choose to offer to an eligible student.(3) Exemption--A program authorized by state statute that allows an eligible student enrolled in an institution of higher education to pay a reduced amount of tuition and/or fees, except that a waiver, as defined by this section, is not considered an exemption.(4) Financial Need--The cost of attendance at a particular institution of higher education or private or independent institution of higher education less the Student Aid Index, as those terms are defined in this section.(5) Full-time--For undergraduate students, the equivalent of at least 12 semester credit hours per semester or as defined by the institution. For graduate students, the equivalent of at least 9 semester credit hours per semester or as defined by the institution.(6) Laboratory Fees--Fees authorized by Texas Education Code, §54.501, that an institution of higher education collects to cover the general cost of laboratory materials and supplies used by a student. (7) Mandatory Exemption or Waiver--An exemption or waiver that an eligible institution, as specified in program rules, is obligated to offer to an eligible student. (8) Student Aid Index--A measure utilized to calculate a student's financial need as regulated and defined by the methodology used for federal student financial aid.(9) Tuition--Includes statutory tuition, designated tuition, and governing board-authorized tuition.(10) Waiver--A program authorized by state statute that allows a nonresident student enrolled in an institution of higher education who would otherwise be charged the nonresident tuition rate to pay the tuition rate charged to a similarly situated resident student.</content><note type="source"><p>Source Note: The provisions of this §13.460 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.461"><num value="13.461">§13.461</num><heading>Adoption by Reference</heading><content>The Coordinating Board adopts by reference the Exemptions and Waivers Summary, published by the Coordinating Board on its website.</content><note type="source"><p>Source Note: The provisions of this §13.461 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.462"><num value="13.462">§13.462</num><heading>Classifications and Reporting</heading><content>(a) For the purposes of data reporting, accounting, and any other relevant business operations, a participating institution shall use the Exemptions and Waivers Summary, in determining whether a program authorized by Texas Education Code, chapter 54, subchapter D, is an exemption or waiver program, and whether that program is mandatory or discretionary, as the terms are defined in §13.460 of this subchapter (relating to Definitions).(b) A participating institution will report data relating to exemptions and waivers as part of its annual Financial Aid Database, Integrated Fiscal Reporting System, and Annual Financial Reports submissions, in accordance with their respective manuals.</content><note type="source"><p>Source Note: The provisions of this §13.462 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.463"><num value="13.463">§13.463</num><heading>Satisfactory Academic Progress</heading><content>(a) Satisfactory Academic Progress. A student who receives an exemption under this subchapter during a semester or term at an institution of higher education may continue to receive the exemption only if the student maintains a grade point average that satisfies the institution's grade point average requirement for making satisfactory academic progress toward a degree or certificate, unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).(b) Re-Establishing Eligibility. If on the completion of any semester or term a student fails to meet the grade point average requirement described by subsection (a) of this section, the student may not receive the exemption during the following semester or term. The student may become eligible to receive an exemption in a subsequent semester or term if the student:(1) completes a semester or term during which the student is not eligible for the exemption; (2) meets the grade point average requirement described by paragraph (b)(1) of this section; and(3) meets all other eligibility requirements for the exemption.(c) The institution shall calculate a student's grade point average in accordance with §22.10 of this title (relating to Grade Point Average Calculations for Satisfactory Academic Progress).(d) Applicability. The provisions of this section do not apply to waivers, as defined in §13.460 of this subchapter (relating to Definitions) or to the exemptions authorized by Texas Education Code, §§54.217; 54.341(a-2)(1)(A), (B), (C), or (D) and (b)(1)(A), (B), (C), or (D); 54.342; 54.366; or 54.367.</content><note type="source"><p>Source Note: The provisions of this §13.463 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.464"><num value="13.464">§13.464</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause, an institution of higher education may allow an otherwise eligible student to receive an exemption if:(1) the student fails to maintain a grade point average as required by §13.463(a) of this subchapter (relating to Satisfactory Academic Progress); or (2) as an undergraduate student, the student has completed an excess number of hours as described in §13.465(b) of this subchapter (relating to Restrictions on Exemptions and Waivers).(b) Hardship conditions may include, but are not limited to:(1) documentation of a severe illness or other debilitating condition that may affect the student's academic performance;(2) documentation that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance;(3) documentation of the student's active duty or other service in the United States armed forces or active duty in the Texas National Guard; or(4) documentation of the birth of a child or placement of a child with the student for adoption or foster care, that may affect the student's academic performance.(c) Documentation of the hardship circumstances approved for a student to receive an exemption must be kept in the student's files.(d) Each institution of higher education shall adopt a hardship policy under this section.</content><note type="source"><p>Source Note: The provisions of this §13.464 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.465"><num value="13.465">§13.465</num><heading>Restrictions on Exemptions and Waivers.</heading><content>(a) Formula-Funded Courses. Notwithstanding any other rule, an exemption or waiver from the payment of tuition or fees offered under this subchapter may be applied only to courses for which an institution of higher education receives formula funding.(b) Excess Hours. An undergraduate student is ineligible to receive an exemption under this subchapter if, at the start of a semester or term, the student has completed a number of semester credit hours that is considered to be excessive under Texas Education Code, §54.014, excluding semester credit hours earned:(1) exclusively by examination;(2) for a course for which the student received credit toward the student's high school academic requirements; and(3) for developmental courses that the student's institution required the student to take under Texas Education Code, chapter 51, subchapter F-1.(c) Legal Status. Notwithstanding any other rule, a student must be lawfully present in the United States to be eligible for any exemption or waiver under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §13.465 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.466"><num value="13.466">§13.466</num><heading>Children of Professional Nursing Program Faculty and Staff Exemption</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.355. (b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Child--A child 25 years or younger, including an adopted child.(2) Graduate Professional Nursing Program--An educational program of a public institution of higher education that prepares students for a master's or doctoral degree in nursing.(3) Undergraduate Professional Nursing Program--A public educational program for preparing students for initial licensure as registered nurses.(c) Participating Institutions. An institution of higher education, as defined by §13.1 of this chapter (relating to Definitions), that offers an undergraduate or graduate professional nursing program, as defined in subsection (b) of this section, shall provide an exemption to eligible students in accordance with this section.(d) Eligible Students. To be eligible for an exemption under this section, a student must:(1) be a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);(2) not have been granted a baccalaureate degree;(3) be enrolled at an institution of higher education that offers an undergraduate or graduate program of professional nursing; (4) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);(5) be the child of an individual who:(A) at the beginning of the semester or other academic term for which an exemption is sought:(i) holds a master's or doctoral degree in nursing, and who is employed by an undergraduate or graduate professional nursing program at a participating institution as a member of the faculty or staff, with duties that include teaching, performing research, serving as an administrator, or performing other professional services; or(ii) holds a baccalaureate degree in nursing, and who is employed by a professional nursing program at a participating institution as a full-time teaching assistant; or(B) during all or part of the semester or other academic term for which an exemption is sought:(i) holds a master's or doctoral degree in nursing, and who has contracted with an undergraduate or graduate professional nursing program in this state to serve as a member of its faculty or staff with duties that include teaching, performing research, serving as an administrator, or performing other professional services; or(ii) holds a baccalaureate degree in nursing, and who has contracted with a professional nursing program offered by a participating institution to serve as a teaching assistant;(6) be enrolled at the same institution of higher education at which the student's parent is currently employed or with which the parent has contracted, as described in paragraph (5) of this subsection; and(7) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).(e) Discontinuation of Eligibility. In addition to the limitations on eligibility described by §13.465 of this subchapter (relating to Restrictions on Exemptions and Waivers), a person's eligibility for an exemption under this section ends after the person has received exemptions under this section for 10 semesters or summer sessions. For the purposes of this subsection, a summer session that is less than nine weeks in duration is considered one-half of a summer session.(f) Proration of Exemption. If the student's parent described by paragraph (d)(5) of this section is employed on less than a full-time basis, the institution shall prorate the value of the exemption in accordance with the parent's employment load. Regardless of the employment load, the exemption shall not be for less than 25 percent of the student's tuition. (g) Application. To apply for an exemption under this section, a student shall submit to his or her institution a completed Professional Nursing Faculty and Staff Exemption Application, which the Coordinating Board shall publish on its website.</content><note type="source"><p>Source Note: The provisions of this §13.466 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.467"><num value="13.467">§13.467</num><heading>Clinical Preceptors and Children Exemption</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.356. (b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Child--A child 25 years or younger, including an adopted child.(2) Clinical Preceptor or Preceptor--A registered nurse or other licensed health professional who meets the requirements below and who is not paid as a faculty member by an institution of higher education, but who directly supervises a nursing student's clinical learning experience in a manner prescribed by a signed written agreement between the educational institution, preceptor, and affiliating agency. A clinical preceptor has the following qualifications:(A) competence in designated areas of practice;(B) a philosophy of health care congruent with that of the nursing program;(C) current licensure or privilege as a registered nurse in the State of Texas; and(D) if not a registered nurse, holds a current license in Texas as a health care professional with a minimum of a bachelor's degree in that field.(c) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption under this section to all eligible persons enrolled at the institution.(d) Eligible Students. To be eligible for an exemption under this section, a student must:(1) be a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);(2) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);(3) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions); and (4) be one of the following:(A) a registered nurse who serves, on average, at least one day per week under a written preceptor agreement with an undergraduate professional nursing program as a clinical preceptor for students enrolled in the program for:(i) the time period the program conducts clinicals during the semester or other academic term for which the exemption is sought; or(ii) the time period the program conducted clinicals during a semester or other academic term that ended less than one year prior to the beginning of the semester or term in which the exemption is to be used; or(B) an undergraduate student who is the child of a clinical preceptor described by subparagraph (d)(4)(A) of this section, regardless of whether the preceptor also is receiving or has received an exemption based on the same period of service.(e) Discontinuation of Eligibility. In addition to the limitations on eligibility described by §13.465 of this subchapter (relating to Restrictions on Exemptions and Waivers), a person described by subparagraph (d)(4)(B) of this section is no longer eligible to receive an exemption under this section if the person has:(1) received a baccalaureate degree; or(2) previously received exemptions under this section for 10 semesters or summer sessions. For the purpose of this subsection, a summer session that is less than nine weeks in duration is considered one-half of a summer session.(f) Exemption Amount. The value of an exemption granted under this program is equal to $500 or the student's tuition, whichever is less.(g) Application. To apply for an exemption under this section, a student shall submit to his or her institution a completed Clinical Preceptor Exemption Application, which the Coordinating Board shall publish on its website.</content><note type="source"><p>Source Note: The provisions of this §13.467 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.468"><num value="13.468">§13.468</num><heading>Peace Officers Enrolled in Law Enforcement or Criminal Justice Courses Exemption</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.3531. (b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), in this section, the term "undergraduate student" means a person who has not previously been awarded a baccalaureate degree.(c) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption to an eligible student for tuition and laboratory fees associated with eligible courses in accordance with this section. The exemption does not apply to security deposits for the return or proper care of property loaned to the student.(d) Eligible Student. To be eligible for an exemption under this section, a student must:(1) be an undergraduate student enrolled in an eligible criminal justice or law enforcement-related degree or certificate program;(2) be employed as a peace officer, as defined in Texas Code of Criminal Procedure, §2A.001, by this state or by a political subdivision of this state; (3) apply for the exemption at least one week before the last day of the institution's regular registration period for that semester; (4) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration); and(5) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).(e) Eligible Degree or Certificate Programs. Each institution of higher education shall identify criminal justice or law enforcement-related degree or certificate programs offered by the institution and submit a list of the identified programs to the Coordinating Board. The Coordinating Board shall compile and publish a list of all institutions' identified programs on its website.(f) Eligible Courses. (1) An exemption provided under this section applies only to courses pertaining to criminal justice or law enforcement-related degree or certificate programs published by the Coordinating Board in accordance with subsection (e) of this section.(2) An institution shall not apply an exemption to courses that make up the general education core curriculum required for all degrees unless such courses are identified by the institution as being part of the criminal justice or law enforcement curriculum. (3) For a given eligible course, not more than 20 percent of the maximum student enrollment designated by the institution may receive an exemption under this section.(g) Report to Legislature. If the Legislature does not specifically appropriate funds to an institution of higher education in an amount sufficient to pay the institution's costs in complying with this section for a semester, the governing board of the institution shall report to the Senate Finance Committee and the House Appropriations Committee the cost to the institution of complying with this section for that semester.</content><note type="source"><p>Source Note: The provisions of this §13.468 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.469"><num value="13.469">§13.469</num><heading>Firefighters Enrolled in Fire Science Courses Exemption</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.353. (b) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption to an eligible student for tuition and laboratory fees associated with eligible courses in accordance with this section. The exemption does not apply to security deposits for the return or proper care of property loaned to the student.(c) Eligible Students. To be eligible for an exemption under this section, a student must:(1) be enrolled at a participating institution;(2) be either:(A) a paid firefighter employed by a political subdivision of the State of Texas; or(B) a volunteer firefighter who:(i) is currently, and has been for the past year, an active member of an organized volunteer fire department in this state that participates in the Texas Emergency Services Retirement System or a retirement system established under the Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes); and(ii) holds one of the following credentials:(I) an Accredited Advanced level of certification, or an equivalent successor certification, under the State Firemen's and Fire Marshals' Association of Texas volunteer certification program; or(II) a Phase V (Firefighter II) certification, or an equivalent successor certification, under the Texas Commission on Fire Protection's voluntary certification program under Texas Government Code, §419.071;(3) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration); and(4) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).(d) Eligible Degree or Certificate Program. Each institution of higher education shall identify fire science degree or certificate programs offered by the institution and submit a list of the identified programs to the Coordinating Board. The Coordinating Board shall compile and publish a list of all institutions' identified programs on its website.(e) Eligible Courses.(1) An exemption provided under this section applies only to courses pertaining to fire science degree or certificate programs published by the Coordinating Board in accordance with subsection (d) of this section.(2) An institution shall not apply an exemption to courses that make up the general education core curriculum required for all degrees unless such courses are identified by the institution as being part of the fire science curriculum.(f) Exception. Notwithstanding subsection (c) of this section, an exemption applied under this section does not apply to any amount of tuition the institution:(1) elects to charge a resident undergraduate student under Texas Education Code, §54.014(a) or (f); or(2) charges a graduate student in excess of the amount of tuition charged to similarly situated graduate students because the student has a number of semester credit hours of doctoral work in excess of the applicable number provided by Texas Education Code, §61.059(l)(1) or (2).</content><note type="source"><p>Source Note: The provisions of this §13.469 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.470"><num value="13.470">§13.470</num><heading>Paramedics Enrolled in Emergency Medical Services Courses</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.3532.(b) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption to an eligible student for tuition and laboratory fees associated with eligible courses in accordance with this section. The exemption does not apply to security deposits for the return or proper care of property loaned to the student.(c) Eligible Students. To be eligible for an exemption under this section a student must:(1) be enrolled at a participating institution;(2) hold an EMT-Paramedic certification or Paramedic license issued by the Texas Department of State Health Services;(3) be employed as a paramedic by a political subdivision of this state;(4) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration); and(5) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).(d) Eligible Degree or Certificate Program. Each institution of higher education shall identify emergency medical services degree or certificate programs offered by the institution and submit a list of the identified programs to the Coordinating Board. The Coordinating Board shall compile and publish a list of all institutions' identified programs on its website.(e) Eligible Courses.(1) An exemption provided under this section applies only to courses pertaining to emergency medical services degree or certificate programs published by the Coordinating Board in accordance with subsection (d) of this section.(2) An institution shall not apply an exemption to courses that make up the general education core curriculum required for all degrees unless such courses are identified by the institution as being part of the emergency medical services curriculum. (f) Exceptions. Notwithstanding subsection (b) of this section, an exemption applied under this section does not apply to any amount of tuition the institution:(1) elects to charge a resident undergraduate student under Texas Education Code, §54.014(a) or (f); or(2) charges a graduate student in excess of the amount of tuition charged to similarly situated graduate students because the student has a number of semester credit hours of doctoral work in excess of the applicable number provided by Texas Education Code, §61.059(l)(1) or (2).(g) Distance Education.(1) Each semester or term, a participating institution may designate up to three eligible courses offered exclusively via distance education as excluded courses.(2) Notwithstanding subsection (b) of this section, for excluded courses designated under paragraph (1) of this subsection, a participating institution is not required to offer exemptions to students enrolled in the course in excess of 20 percent of the maximum student enrollment designated by the institution for that course.</content><note type="source"><p>Source Note: The provisions of this §13.470 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.471"><num value="13.471">§13.471</num><heading>Good Neighbor Program</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.331, Students from Other Nations of the American Hemisphere, more commonly known as the Good Neighbor Program.(b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Bona Fide Native-born Citizen of an Eligible Country--A person who is a citizen of an eligible country and who was:(A) Born in that country; or (B) Born abroad, provided that at least one of the person's parents was a citizen of the eligible country and not permanently residing in a foreign country at the time of birth.(2) Bona Fide Resident of an Eligible Country--A person who is a citizen of an eligible country, maintains that country as the person's place of home residence, and who intends to return to that country to live immediately after finishing the educational program for which the person is seeking an exemption under this section.(3) Eligible Country--A politically independent nation, other than Cuba or the United States, located in the Western or American hemisphere.(c) Eligible Institutions. Institutions of higher education, as defined by §13.1 of this chapter (relating to Definitions) are eligible to participate in the Good Neighbor Program.(d) Program Officer. Each participating institution shall name the principal international student advisor or another appropriate person to serve as the Good Neighbor Program Officer. The Program Officer shall certify all scholarship applications and activities with respect to the Good Neighbor Program and shall be responsible for all related records and reports.(e) To be eligible for an exemption under this section, a student must:(1) be enrolled at a participating institution;(2) be a bona fide native-born citizen and resident of an eligible country, as the terms are defined in subsection (b) of this section;(3) have resided in the Western (American) Hemisphere for a period of at least five years;(4) demonstrate that he or she meets the basic admissions requirements of the nominating institution;(5) not be a member of the Communist Party;(6) be recommended for an exemption under this section by the student's institution;(7) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);(8) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).(f) Selection Procedures.(1) Nomination Deadline. Each year, eligible institutions may recommend students to receive exemptions under this program by submitting nominations to the Coordinating Board. Nominations for the upcoming fiscal year must be submitted to the Coordinating Board no later than March 15.(2) Prioritization. An institution shall assign priority numbers to the students it is nominating for an exemption. The Coordinating Board shall accommodate institutional priorities to the extent allowable under this subsection.(3) Designated Country. Based on all nominations submitted prior to the deadline, the Coordinating Board will identify a designated country. The designated country will be the Latin American country other than Mexico, as identified by the U.S. Department of State, that received the most nominations for the program for the upcoming fiscal year.(4) Nomination Review Order. The Coordinating Board will review all nominations assigned as institutions' highest priority students under paragraph (2) of this subsection, then moving to the second highest priority, and so on. Within each priority grouping, the Coordinating Board will review nominations in the order they were submitted to the Coordinating Board.(5) Allotment Limit. The total number of recipients each year, across all participating institutions, shall not exceed 235. Up to 10 eligible students from each eligible country may be selected, except as provided by paragraphs (7) and (8) of this subsection. (6) The Coordinating Board will review nominations in the order described by paragraph (4) of this subsection until:(A) Each eligible country has reached its allotment limit of recipients described by paragraph (5) of this subsection or has no more remaining nominated students; or(B) 235 total recipients have been selected.(7) If the review of nominations described by paragraph (6) of this subsection concluded with fewer than 235 total recipients selected, then nominations from the designated country described by paragraph (3) of this subsection will be reviewed in the order in the same review order until:(A) an additional 35 recipients from the designated country are selected;(B) the total remaining nominations from the designated country are reviewed; or(C) 235 total recipients have been selected.(8) If the review of nominations described by paragraph (7) of this subsection concluded with fewer than 235 total recipients selected, then review of the nominations will continue in the order described by paragraph (4) of this subsection.(A) In such a case, the first eligible student nominated from each eligible country with remaining nominations will be selected until all eligible countries with remaining nominations have one additional recipient. The process then repeats for an additional student from each eligible country with remaining nominations, and so on.(B) The process described by subparagraph (A) of this paragraph continues until:(i) All nominations have been reviewed; or(ii) 235 total recipients have been selected.(9) If an institution notifies the Coordinating Board by October 15 of a selected student's failure to use the offered exemption, the Coordinating Board will select the next nomination through the process described in this subsection, prioritizing nominations from the applicable eligible country. Exemptions cancelled after October 15 will not be re-offered.(10) Under no circumstances shall any special consideration be given to applicants who are related to employees of the Coordinating Board.(g) Exemption Amount. Subject to §13.465 of this subchapter (relating to Restrictions on Exemptions and Waivers), students selected to receive exemptions through the Good Neighbor Program may be exempted from the payment of tuition for the 12-month period beginning with the fall semester following the students' selection as recipients.</content><note type="source"><p>Source Note: The provisions of this §13.471 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.472"><num value="13.472">§13.472</num><heading>Educational Aide Exemption</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.363. (b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Educational Aide--A person who has been employed by a public school district in Texas in a teaching capacity working in the classroom directly with the students for at least one year on a full-time basis. It may include substitute teachers who have been employed by a public school district in Texas for 180 or more full days in a teaching capacity working in the classroom directly with students.(2) Program--The Educational Aide Exemption Program.(c) Eligible Institutions.(1) Eligibility. Any institution of higher education, as defined in §13.1 of this chapter (relating to Definitions), is eligible to participate in the Program.(2) Participation.(A) Agreement. Each eligible institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner, prior to indicating its intent to participate in the program.(B) Intent to Participate. Subject to subsection (c)(2)(A), to receive an allocation for the forthcoming fiscal year, an eligible institution must indicate its intent to participate in the program in the applicable year in the manner prescribed and by the deadline established by the Coordinating Board.(3) A participating institution shall offer an exemption under this section to a student meeting the eligibility requirements established in subsection (e) of this section, except that an institution is not required to offer exemptions beyond those funded through appropriations specifically designated for this purpose. An institution may establish criteria by which applicants are prioritized if appropriated funds are insufficient to offer an exemption to all eligible students for a given term.(4) A participating institution shall use institutional matching funds to cover at least 10 percent of each recipient's exemption.(d) Institutional Responsibilities. Institutions participating in the Program shall disburse funds in accordance with §22.2 of this title (relating to Timely Disbursement of Funds), retain records in accordance with §22.4 of this title (relating to Records Retention) and comply with the provisions of §22.9 of this title (relating to Institutional Responsibilities) with respect to the Program.(e) Eligible Students. To be eligible to receive an exemption under this section, a student must:(1) Submit a completed application for an exemption to the student's institution;(2) Be a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);(3) Have met the definition of Educational Aide established in subsection (b) of this section at some time during the last five years preceding the term or semester for which the student would receive an initial exemption;(4) Be employed in any capacity by a school district or open-enrollment charter school in Texas during the full term for which the student would receive the exemption;(5) Show financial need, as defined in §13.460 of this subchapter;(6) be enrolled at an eligible institution in courses required for teacher certification in one or more subject areas determined by the Commissioner of Education to be experiencing a critical shortage at the public schools of this state;(7) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions); and(8) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).(f) Notwithstanding subsection (e)(6) of this section, a student who previously received an exemption under this section remain eligible if the student:(1) is enrolled at an eligible institution in courses required for teacher certification; and(2) meets the eligibility requirements of subsection (e) of this section other than the requirement in subsection (e)(6).(g) Exemption Amount. A student receiving an exemption under this section is exempt from the payment of resident tuition and required fees, other than laboratory and class fees, taken during the relevant term.(h) Allocations. Allocations are to be determined on an annual basis as follows:(1) All eligible institutions will be invited annually to participate in the program allocation process, as described by subsection (c)(2)(B) of this section.(2) The annual appropriation will be divided equally between all participating institutions.(3) Allocation calculations will be shared with all eligible institutions for comment prior to final posting. Institutions will be given 10 business days, beginning the day of the notice's distribution and excluding state holidays, to confirm their interest in participating in the program.(i) Exemption from Student Teaching. A person who has not previously received a baccalaureate degree and who receives a baccalaureate degree required for a teaching certificate on the basis of coursework completed while receiving an exemption under this section may not be required to participate in any field experience of internship consisting of student teaching to receive a teaching certificate.</content><note type="source"><p>Source Note: The provisions of this §13.472 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.473"><num value="13.473">§13.473</num><heading>Dependent Children of Armed Forces Members Deployed on Combat Duty Exemption</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.2031. (b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), in this section, the term "dependent child" means a person who is a stepchild, biological child, or adopted child of a person and is claimed as a dependent for federal income tax purposes in the previous tax year or will be claimed as a dependent for federal income tax purposes for the current year.(c) Participating Institutions. An institution of higher education, as defined by §13.1 of this chapter (relating to Definitions) shall provide an exemption from the payment of tuition to all eligible students enrolled at the institution if sufficient appropriated funds are available to cover the full costs to the institution for the required exemptions. An institution is required to grant an exemption under this section only to the extent appropriated funds are available for that purpose.(d) Eligible Students. To be eligible for an exemption under this program, a student must:(1) submit satisfactory evidence to his or her institution that the student is the dependent child of a member of the Armed Forces of the United States who is:(A) a Resident of Texas, as defined in §22.1 of this title (relating to Definitions) or entitled to pay resident tuition; and(B) deployed on active duty for the purpose of engaging in a combative military operation outside the United States; (2) not be in default on a loan made or guaranteed for educational purposes by the State of Texas;(3) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration); and(4) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).(e) Discontinuation of Eligibility. A student may not receive an exemption from the payment of tuition under this section for more than 150 semester credit hours (or equivalent) under any circumstances.(f) Impact on Admissions. An institution of higher education may not consider the fact that a person is eligible for an exemption under this section in determining whether to admit the person to any degree or certificate program.(g) Reimbursement of Foregone Tuition.(1) If notified by the Coordinating Board that appropriated funds are available, a participating institution may apply to the Coordinating Board for reimbursement for the tuition revenues foregone through exemptions offered under this section.(2) The Coordinating Board will provide reimbursements to institutions that apply, to the extent to which funds are appropriated for this purpose by the Legislature.(3) If the Coordinating Board determines at any time during a year that the appropriated funds are insufficient to cover the anticipated cost of foregone tuition for exemptions offered during that year, the Coordinating Board may defer the processing of applications for reimbursement received after that date and provide institutions a prorated share of the available funds as of the end of the fiscal year.</content><note type="source"><p>Source Note: The provisions of this §13.473 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.474"><num value="13.474">§13.474</num><heading>Reciprocal Educational Exchange Program</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.231(d) and (e).(b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Citizen or Permanent Resident of Another Nation--A citizen or permanent resident of a nation other than the United States who resides in the nation of which he or she is a citizen or permanent resident and who plans to return to that nation to live immediately after finishing his/her program of study in Texas.(2) Originating Institution--The institution from which a participant is relocating as part of the exchange program.(3) Participating Nation--A nation other than the United States with institutions which have entered into exchange agreements with one or more institutions of higher education in Texas under the provisions of this subchapter.(4) Receiving Institution--The institution in which a participant enrolls or studies as part of the program.(c) Eligible Institutions. To be eligible to participate in the program, an institution must:(1) designate a Program Officer who will be responsible for all transactions relating to the program; and(2) be either:(A) a public or private degree-granting institution of higher education located in a nation other than the United States whose programs have recognition of official validity, or(B) an institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) in Texas.(d) Eligible Students. To be eligible to participate in the program, a student must:(1) have been enrolled for at least one semester at the originating institution;(2) be either:(A) a citizen or permanent resident of a participating nation; or(B) enrolled in an institution of higher education in Texas;(3) be nominated by his or her originating institution;(4) meet the admissions requirements and any other restrictive enrollment criteria of the receiving institution;(5) be enrolled or studying on a full-time basis at the receiving institution; and(6) have not participated in the program for more than 12 months.(e) Tuition Rate. (1) If a reciprocal exchange program requires a tuition payment, the tuition rates paid by participants will be defined by the agreements entered into by the participating institutions and will be either the resident tuition rate at the institution of higher education in Texas or the rate normally charged nationals or residents of other nations by their institutions.(2) The method of charging and collecting tuition is to be negotiated between the two institutions involved in the exchange. The tuition rate and payment may be any of the following methods:(A) pay the relevant tuition rate of receiving institution, paid to the receiving institution;(B) pay the relevant tuition rate of the originating institution, paid to the receiving institution; or(C) pay the relevant tuition rate of the originating institution, paid to the originating institution.(3) A former participant no longer participating in the program who continues to be enrolled at the receiving institution shall be expected to pay the tuition rate charged other nonresident students, beginning with the first enrollment period after the participant is no longer participating in the program.(f) Reciprocity. The number of units of instruction exchanged would ideally be equal in any given year. If balance is not attained in any one year and more students from other nations are participating in the program than are students from Texas, parity is to be established within a five-year period.(g) Assurances. Each participating institution must maintain records in the appropriate office that include: (1) proof of each participant's eligibility; and(2) formally executed exchange agreements with each other exchange partner institution.(h) Formula Funding. When an exchange takes place under this program, an institution of higher education in Texas may request formula funding for the hours taken by foreign students attending classes in Texas. It may not request formula funding for their students who go abroad under this program.(i) Reporting. (1) Each participating institution shall provide an annual prior-year program report to the Coordinating Board on a form provided by, and by a deadline specified by, the Coordinating Board. The report shall include such things as the number of students who have participated in the exchange program and the names and locations of the institutions with which the exchanges have taken place. Each institution is to define, demonstrate, and report the basis on which their student exchanges are reciprocal.(2) A nonresident student that is charged resident tuition at an institution of higher education in Texas under this section should be reported as having received a waiver.</content><note type="source"><p>Source Note: The provisions of this §13.474 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.475"><num value="13.475">§13.475</num><heading>Border County Waiver</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.231(b), (c), and (e).(b) Participating Institutions. An institution shall provide eligible students a waiver under this program if the institution is one of the following:(1) a general academic teaching institution, as defined in §13.1 of this chapter (relating to Definitions) or a component of the Texas State Technical College system located in a county that borders Mexico;(2) Texas A&M University - Kingsville;(3) Texas A&M University - Corpus Christi; or(4) The University of Texas at San Antonio.(c) Eligible Students. To be eligible for a waiver under this section, a student must:(1) be a citizen or permanent resident of Mexico, who resides in, and plans to return to, Mexico immediately after finishing the student's educational program;(2) meet the admissions requirements and any restrictive enrollment criteria of the participating institution in which the student enrolls; and(3) show financial need, as defined in §13.460 of this subchapter (relating to Definitions).(d) Notwithstanding subsections (b) and (c)(2) of this section, a student is eligible to receive a waiver under this section if the student:(1) is enrolled in either:(A) lower-division courses at a public junior college, as defined in §13.1 of this chapter, located in a county that borders with a partnership agreement pursuant to Texas Education Code, chapter 51, subchapter N, with a general academic teaching institution in the same county; or(B) courses that are part of a graduate degree program in public health and are conducted in a county that borders Mexico;(2) meets the admissions requirements of the institution at which the student is enrolled; and(3) meets all other eligibility criteria described by subsection (c) of this section.(e) Tuition Rate. A participating institution shall charge an eligible student enrolled at the institution a tuition rate equal to the resident tuition rate.(f) There is no limit to the number of eligible students a participating institution may enroll.</content><note type="source"><p>Source Note: The provisions of this §13.475 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.476"><num value="13.476">§13.476</num><heading>Citizens of Mexico Waiver Pilot Program</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.231(c).(b) Eligible Institutions. Any general academic teaching institution or public technical institute, as the terms are defined in §13.1 of this chapter (relating to Definitions), except the institutions described by §13.475(d) of this subchapter (relating to Border County Waiver), is eligible to participate in the pilot program.(c) Eligible Students. To be eligible to participate in the pilot program under this section, a student must:(1) be a citizen or permanent resident of Mexico, who resides in, and plans to return to, Mexico immediately after finishing the student's educational program;(2) meet the admission requirements and any restrictive enrollment criteria of the participating institution in which he or she enrolls; and(3) show financial need, as defined in §13.460 of this subchapter (relating to Definitions).(d) Limit. Each year, a participating institution may offer waivers to two eligible students per thousand students of the institution's overall enrollment. Institutions with fewer than 5,000 students may offer up to ten waivers per year to eligible students. (e) Tuition Rate. Subject to the limits described in subsection (d) of this section, a participating institution shall charge an eligible student enrolled at the institution a tuition rate equal to the resident tuition rate.</content><note type="source"><p>Source Note: The provisions of this §13.476 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.477"><num value="13.477">§13.477</num><heading>Texas National Student Exchange Program Waiver</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §51.930.(b) Eligible Institution. An institution may offer a waiver under this section to an eligible student if the institution is:(1) a general academic teaching institution, as defined by §13.1 of this chapter (relating to Definitions); and(2) under contract with the student exchange program administered by the National Student Exchange.(c) Eligible Students. A student is eligible to receive a wavier under this section if the student:(1) is not a Resident of Texas, as defined in §13.460 of this subchapter (relating to Definitions);(2) is enrolled as an undergraduate student at an eligible institution as part of the student exchange program administered by the National Student Exchange; and(3) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).(d) Limitation. A student may only receive a waiver under this section for one year.(e) A student participating in the program from another state shall be exempt from the provisions of Texas Education Code, chapter 51, subchapter F-1, unless that student becomes a degree-seeking undergraduate student at an institution of higher education.(f) Tuition Rate. A student receiving a waiver under this section shall pay the resident tuition rate.</content><note type="source"><p>Source Note: The provisions of this §13.477 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.478"><num value="13.478">§13.478</num><heading>Competitive Scholarships Waiver</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.213.(b) Eligible Institutions. (1) Any institution of higher education, as defined in §13.1 of this chapter (relating to Definitions), may offer a waiver under the provisions of this section.(2) A waiver received by a student under this section applies only to tuition paid to the institution that awarded the enabling scholarship unless the student is simultaneously enrolled in two or more institutions of higher education under a program offered jointly by the institutions under a partnership agreement, in which case the student may also be offered a waiver at the other institution(s).(3) The total number of persons at an eligible institution receiving a waiver under this section in a given semester shall not exceed 5 percent of the total number of students enrolled at the institution in the same semester of the prior year.(c) Eligible Students. A student enrolled at an eligible institution may be offered a waiver under this section if the student:(1) is not a Resident of Texas, as defined by §13.460 of this subchapter (relating to Definitions);(2) received an eligible competitive scholarship, as described in subsection (d) of this section; and (3) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).(d) Eligible Competitive Scholarship. An otherwise eligible student may be offered a waiver under this section if the student receives a scholarship:(1) of at least $1,000 for the 12-month academic year, regardless of how the scholarship funds are disbursed;(2) awarded by a scholarship committee established and authorized by the institution to grant scholarships using institutional funds that permit the waiver authorized in this section;(3) awarded according to criteria published and available to the public in advance of any application deadline;(4) available to both resident and nonresident students.(e) An otherwise eligible student may be offered a waiver under this section for any semester or term in an academic year in which the student receives an eligible competitive scholarship.(f) Tuition Rate. A student receiving a waiver under this section shall pay the resident tuition rate.(g) A student whose eligible competitive scholarship is terminated prior to the end of a semester or term for which it was awarded such that the student no longer meets the criteria in subsection (c) of this section shall pay nonresident tuition for any semester following the termination of the scholarship.</content><note type="source"><p>Source Note: The provisions of this §13.478 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scP/s13.479"><num value="13.479">§13.479</num><heading>Economic Development and Diversification Waiver</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §54.222.(b) Eligible Institutions. An institution of higher education, as defined by §13.1 of this chapter (relating to Definitions) shall offer a waiver to eligible students under the provisions of this section.(c) Eligible Students. A student is eligible for a waiver under this section if the student:(1) is not a Resident of Texas, as defined by §13.460 of this subchapter (relating to Definitions);(2) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);(3) has relocated to Texas because of the student's or an eligible family member's employment by a business or organization that became established in this state as part of a state economic development and diversification program authorized by law not earlier than five years prior to the student's enrollment date; and(4) files a letter of intent with the student's institution declaring the student's intention to establish residency in Texas.(d) Eligible Family Member. A person is an eligible family member for the purposes of subsection (d)(3) of this section if the person:(1) is 18 years of age or older;(2) resides in the student's household; and(3) is either:(A) the student's parent or legal guardian; or(B) the student's spouse.(e) The Coordinating Board shall publish on its website:(1) A list of qualifying businesses or organizations, by which employment of the student or an eligible family member of the student may qualify the student for a waiver under this section; and(2) The date associated with each business listed under paragraph (1) of this subsection by which an otherwise eligible student must be enrolled to receive a waiver under this section.(f) Tuition Rate. A student receiving a waiver under this section shall pay the resident tuition rate.</content><note type="source"><p>Source Note: The provisions of this §13.479 adopted to be effective November 13, 2025, 50 TexReg 7253.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scQ"><num value="Q">SUBCHAPTER Q</num><heading>FINANCIAL AID FOR SWIFT TRANSFER (FAST) PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scQ/s13.500"><num value="13.500">§13.500</num><heading>Authority and Purpose</heading><content>(a) Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §§28.0095 and 48.308.(b) This subchapter establishes rules relating to the administration of the Financial Aid for Swift Transfer (FAST) Program. The program provides institutions with funding to support their ability to allow educationally disadvantaged students to enroll in dual credit coursework at no cost to the student.</content><note type="source"><p>Source Note: The provisions of this §13.500 adopted to be effective February 15, 2024, 49 TexReg 674.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scQ/s13.501"><num value="13.501">§13.501</num><heading>Definitions</heading><content>In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions) the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.(1) Career and Technical Education Course--As defined in §4.83 of this title (relating to Definitions).(2) Credit--As defined in §4.83 of this title (relating to Definitions).(3) Dual Credit Course--As defined in §4.83 of this title (relating to Definitions).(4) Educationally Disadvantaged--As defined in Texas Education Code, §5.001(4), eligible to participate in the national free or reduced-price lunch program.(5) Equivalent of a Semester Credit Hour--As defined in §4.83 of this title (relating to Definitions).(6) Program--The Financial Aid for Swift Transfer (FAST) Program.(7) School District--As defined in §4.83 of this title (relating to Definitions). For the purposes of this subchapter, the term includes the Windham School District.(8) School Year--The twelve month-period of high school enrollment starting in August.(9) Semester Credit Hour--As defined in §4.83 of this title (relating to Definitions).</content><note type="source"><p>Source Note: The provisions of this §13.501 adopted to be effective February 15, 2024, 49 TexReg 674; amended to be effective August 15, 2024, 49 TexReg 5973; amended to be effective September 1, 2025, 50 TexReg 5451.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scQ/s13.502"><num value="13.502">§13.502</num><heading>Eligible Institution</heading><content>(a) A public institution of higher education, as the term is defined in Texas Education Code, §61.003(8), is eligible to participate in the Program.(b) A participating institution may not charge students attending high school in a Texas school district a tuition rate for dual credit courses in excess of the tuition rate outlined in §13.504 of this subchapter (relating to FAST Tuition Rate).(c) A participating institution must ensure that an eligible student incurs no cost for their enrollment in any dual credit course at the institution. This includes, but is not limited to, tuition, fees, books, supplies, or other mandatory course-related expenses. This subsection does not prohibit a participating institution from charging a school district for course-related expenses, other than tuition, for an eligible student.(d) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner prior to being approved to participate in the program.</content><note type="source"><p>Source Note: The provisions of this §13.502 adopted to be effective February 15, 2024, 49 TexReg 674; amended to be effective August 15, 2024, 49 TexReg 5973.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scQ/s13.503"><num value="13.503">§13.503</num><heading>Eligible Students</heading><content>(a) A student is eligible to enroll at no cost to the student in a dual credit course under the program if the student:(1) is enrolled in a high school and eligible for Foundation School Program funding in a Texas school district under state law;(2) is enrolled in a dual credit course at a participating institution of higher education that has entered into a Dual Credit Agreement with the student's school district as set out in §4.84 of this title (relating to Institutional Agreements); and(3) is certified to the institution by the student's school district or other means authorized by rule as being educationally disadvantaged:(A) during the year in which the student is enrolled in a dual credit course described by paragraph (2) of this subsection; or(B) at any time during the four school years preceding the year in which the student is enrolled in a dual credit course described by paragraph (2) of this subsection.(b) Notice of Educationally Disadvantaged Status. (1) A school district's notice to the institution regarding a student's status as educationally disadvantaged in any of the four years preceding the year in which the student is enrolled in a dual credit course shall occur through the school district's notice to the Texas Education Agency, unless otherwise provided by rule. (2) A school district shall provide notice directly to the institution regarding a student's educationally disadvantaged status if the student is educationally disadvantaged in the year in which the student is enrolled in a dual credit course but was not educationally disadvantaged in any of the four preceding years.(c) Institutional Responsibilities.(1) A participating institution shall submit to the Coordinating Board identifying information, as outlined by the Coordinating Board, for students registered for or enrolled in dual credit courses. The Coordinating Board will compare the identifying information to data provided by the Texas Education Agency and will notify the institution as to which students fulfill the requirement outlined in subsection (a)(3)(B) of this section. (2) Because the Texas Education Agency and Coordinating Board will not have data available to make eligibility determinations regarding students reported under subsection (b)(2) of this section, an institution shall consider these students eligible to enroll at no cost in a dual credit course without confirmation from the Coordinating Board under this subsection.(d) Notwithstanding subsection (a) of this section, a student is not considered eligible to enroll at no cost to the student in a dual credit course under the program for the current semester or term if the certification described by subsection (a)(3) of this section is made after the institution's census date, as defined in §13.1 of this subchapter (relating to Definitions).(e) For the purposes of this section, a student is considered to be enrolled in a high school if the student:(1) is enrolled in grade levels 9 through 12 in a school in a Texas school district; or(2) has graduated from high school but is:(A) enrolled in a school district at a campus designated as a Pathways in Technology Early College High School (P-TECH) school under Texas Education Code, §29.556, or in a school district participating in a Rural Pathway Excellence Partnership (R-PEP) under Texas Education Code, §29.912; and(B) completing a course of study offered through an institutional agreement in accordance §4.84 of this title (relating to Institutional Agreements) with an institution of higher education under one of the programs described in subparagraph (A) of this paragraph.</content><note type="source"><p>Source Note: The provisions of this §13.503 adopted to be effective February 15, 2024, 49 TexReg 674; amended to be effective August 15, 2024, 49 TexReg 5973; amended to be effective September 1, 2025, 50 TexReg 5451.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scQ/s13.504"><num value="13.504">§13.504</num><heading>FAST Tuition Rate</heading><content>(a) The maximum tuition rate prescribed for a dual credit course through this program is $55 per semester credit hour or equivalent of a semester credit hour in the 2023-2024 academic year.(b) The Commissioner shall use the Consumer Price Index for the preceding 12 months as calculated by the U.S. Bureau of Labor Statistics, to apply an annual inflationary adjustment to the FAST tuition rate.(c) The Commissioner shall determine and announce the annual FAST tuition rate not later than the final day of January prior to the start of each fiscal year.(d) The annual tuition rate announced per subsection (c) of this section takes effect in the fall semester following the announcement.</content><note type="source"><p>Source Note: The provisions of this §13.504 adopted to be effective February 15, 2024, 49 TexReg 674.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scQ/s13.505"><num value="13.505">§13.505</num><heading>FAST Funding Formula</heading><content>(a) Frequency of Disbursements. The Coordinating Board will provide each participating institution with a disbursement for each fall, spring, and summer semester upon the certification of the institution's eligible enrollments. The Coordinating Board will combine enrollment periods under this subsection when a semester includes more than one enrollment period (for example, a Summer 1 and a Summer 2 session).(b) Disbursement Calculation. Each disbursement will equal the amount outlined in §13.504 of this subchapter (relating to FAST Tuition Rate) for the relevant semester multiplied by the number of semester credit hours or equivalent in which students who met the eligibility criteria in §13.503 of this subchapter (relating to Eligible Students) were enrolled in dual credit courses at the institution for the relevant semester.(c) Data Sources. The source of data for the disbursement calculation will be reports collected by Board staff and certified by the institution for the relevant semester which provide an eligible student's dual credit enrollment in semester credit hours or their equivalent and the student's Texas Student Data System (TSDS) unique identification number issued by the Texas Education Agency, combined with data regarding educationally disadvantaged students, as reported by the Texas Education Agency, unless otherwise provided by rule.(d) Verification of Data. The Coordinating Board will share each semester's calculation with the participating institution for comment and verification prior to disbursement. The institution will be given ten business days, beginning the day of the notice's distribution, and excluding State holidays, to confirm that the calculation accurately reflects the data they submitted or to advise the Coordinating Board of any inaccuracies.(e) True-Up. Upon receipt of attendance data for the full school year from the Texas Education Agency, the Coordinating Board will review all eligible students used in the calculation outlined in subsection (d) of this section to verify that those students were in attendance at the high school during the period of dual credit enrollment. If any student is identified as not having been in attendance in high school during the period of dual credit enrollment, then the Coordinating Board will calculate the amount of funding the institution received for that student's dual credit enrollment. The Coordinating Board shall reduce each institution's subsequent disbursement under subsection (a) of this section by the amount calculated in this subsection.</content><note type="source"><p>Source Note: The provisions of this §13.505 adopted to be effective February 15, 2024, 49 TexReg 674.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scQ/s13.506"><num value="13.506">§13.506</num><heading>Overallocation</heading><content>Funding provided to an institution under this subchapter shall be subject to subchapter R of this chapter (relating to State Public Junior College Finance Program Reporting, Audit, and Overallocation).</content><note type="source"><p>Source Note: The provisions of this §13.506 adopted to be effective February 15, 2024, 49 TexReg 674.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scR"><num value="R">SUBCHAPTER R</num><heading>STATE PUBLIC JUNIOR COLLEGE FINANCE PROGRAM REPORTING, AUDIT, AND OVERALLOCATION</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.520"><num value="13.520">§13.520</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the definitions, certification of compliance, data reporting, audit, and correction of error requirements for institutions of higher education, as well as over-allocation and under-allocation procedures, under the State Public Junior College Finance Program (the Program). The subchapter further specifies the process for recovery of overallocated funds as required by statute. These provisions additionally apply to audit and overallocation of funds under the Financial Aid for Swift Transfer (FAST) Program.</content><note type="source"><p>Source Note: The provisions of this §13.520 adopted to be effective February 15, 2024, 49 TexReg 676.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.521"><num value="13.521">§13.521</num><heading>Authority</heading><content>The Coordinating Board adopts this subchapter pursuant to its authority under Texas Education Code, §§28.0095, 61.035, 61.063, 61.065, 130.003, and 130A.006-130A.009.</content><note type="source"><p>Source Note: The provisions of this §13.521 adopted to be effective February 15, 2024, 49 TexReg 676.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.522"><num value="13.522">§13.522</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Audit--An engagement to audit the program conducted by the Coordinating Board's Internal Auditor and internal audit or compliance monitoring staff pursuant to either Texas Education Code, §§130A.006(4) or 61.035. This term may include a site visit, desk review, or examination of the institution's use of funds allocated by the Coordinating Board and data reported to the Coordinating Board. The term includes auditing undertaken to obtain evidence to sufficiently examine or verify data submitted to the Coordinating Board to be used by the Coordinating Board for funding or policymaking decisions, including data used for formula funding allocations, to ensure the data is reported accurately.(2) Census Date--As defined in the manual adopted pursuant to §13.524(g)(2) of this subchapter (relating to Required Reporting). (3) Chief Audit Executive--The Internal Auditor hired by the Coordinating Board to perform internal auditing and compliance monitoring on behalf of the Coordinating Board pursuant to Texas Education Code, chapters 61, 130, and 130A.(4) Compliance Monitoring--A risk-based audit and compliance function conducted by the Coordinating Board pursuant to either Texas Education Code, §§130A.006(4) or 61.035, for the purpose of reviewing and assessing programmatic, legal, and fiscal compliance. This function may include conducting audits, site visits, desk reviews, or other examinations, to ensure that funds allocated or distributed by the Coordinating Board are allocated, distributed, and used in accordance with applicable law and Coordinating Board rule. The function includes obtaining evidence to sufficiently examine or verify data submitted to the Coordinating Board to be used by the Coordinating Board for funding or policymaking decisions, including data used for formula funding allocations, to ensure the data is reported accurately.(5) Data Reporting Error--An error in fundable certified data or other data reported by an institution to be used to calculate formula funding for a fiscal year to the Coordinating Board after May 1 of the preceding fiscal year that the Commissioner of Higher Education in his or her discretion determines may result in a material impact in the formula funding a public junior college is entitled to or received.(6) Desk Review--An administrative review by the Coordinating Board that is based on information reported by an institution of higher education or a private or independent institution of higher education, including supplemental information required by the Coordinating Board for purposes of compliance monitoring, except that the term does not include information or accompanying notes gathered by the Coordinating Board during a site visit.(7) Full-Time Student Equivalent (FTSE)--As defined according to the manual adopted for the reporting purpose in question pursuant to §13.524(g) of this subchapter (relating to Required Reporting).(8) Funding Adjustment--Any increase or decrease in funding by the Coordinating Board to an institution of higher education based on an over- or under-allocation of funds.(9) Fundable Certified Data--As defined in subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy).(10) Over-allocation--The over-payment of funds to a public junior college due to a data reporting error or other error by either the institution or the Coordinating Board that results in payments beyond what the institution is due.(11) Public Junior College--In this subchapter, means a public junior college, public junior college district, or community college as defined in Texas Education Code, chapters 130 or 130A, unless expressly provided otherwise.(12) Site Visit--An announced or unannounced in-person visit by a representative of the Coordinating Board or its agent to an institution of higher education or a private or independent institution of higher education for the purposes of conducting an audit.(13) Under-allocation--The under-payment of funds to a public junior college due to a data reporting error or other error by either the institution or the Coordinating Board that results in payments less than what the institution was owed for the fiscal year.</content><note type="source"><p>Source Note: The provisions of this §13.522 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective August 15, 2024, 49 TexReg 5973; amended to be effective September 1, 2025, 50 TexReg 5452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.523"><num value="13.523">§13.523</num><heading>Certification of Compliance</heading><content>(a) A public junior college is not eligible to receive funds under this subchapter unless that public junior college submits a certification of compliance with the requirements of Texas Education Code, §130.003(b,) and as stated herein.(b) A public junior college must submit an attestation via email to ccfinance@highered.texas.gov certifying to compliance with Texas Education Code, §130.003(b), to the Coordinating Board by August 1 of each year. The certification must be signed by the public junior college's president, or Chief Executive Officer, as applicable. The certification must certify the following:(1) That the public junior college is currently in compliance with each provision of Texas Education Code, §130.003; and(2) The public junior college has complied with all laws and Coordinating Board rules for the establishment and operation of a public junior college.(c) If a public junior college has an unresolved or ongoing audit or compliance monitoring finding that the certifying official determines may preclude the public junior college's certification under Texas Education Code, §130.003(b), the public junior college shall disclose the finding(s) and provide an explanation of the finding(s) and proposed resolution.(1) The Commissioner of Higher Education shall determine whether the public junior college can demonstrate that it will be in compliance for the purpose of receiving a scheduled payment.(2) Any payment that the Coordinating Board makes to an institution pursuant to this subchapter is subject to recovery or recoupment if the certifying official does not make the required certification for the fiscal year for which the certification was required.</content><note type="source"><p>Source Note: The provisions of this §13.523 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective August 15, 2024, 49 TexReg 5973.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.524"><num value="13.524">§13.524</num><heading>Required Reporting</heading><content>(a) Required Reporting. A public junior college must submit data through required reporting mechanisms established by the Coordinating Board. The Coordinating Board may use information obtained through required reporting for:(1) calculating funding disbursed under this chapter;(2) providing timely data and analyses to inform management decisions by the governing body of each public junior college;(3) administering or evaluating the effectiveness of programs; or(4) auditing the program.(b) Financial Reporting: The Community College Annual Reporting and Analysis Tool (CARAT) and Annual Financial Report (AFR) Reporting.(1) Standards. Each public junior college must submit their Annual Financial Report (AFR) for the preceding fiscal year by January 1. The public junior college must submit the AFR following the requirements provided in the manual adopted pursuant to subsection (g)(7) of this section.(2) Format. Each public junior college must report AFR data for each completed fiscal year as prescribed in the Community College Reporting and Analysis Tool (CARAT) manuals adopted pursuant to subsection (g)(7) and (g)(8) of this section by January 31 of the following fiscal year.(3) Review Process. The Commissioner of Higher Education will update the AFR Manual, as required by Texas Education Code, §61.065. The AFR Manual will conform to Governmental Accounting Standards Board (GASB) statements and guidance.(c) Financial Reporting: Report of Fundable Operating Expenses (RFOE).(1) Standards. Each public junior college must report all instructional expenses from each completed fiscal year for each institutional discipline and unallocated administrative expenses as defined in the RFOE manual adopted pursuant to subsection (g)(7) of this section by January 31 of the following fiscal year.(2) Coordinating Board staff shall use the data provided on expenses at public junior colleges to produce a study of costs for each instructional discipline each year. This study will review all expenses made by institutions for instruction and administration from all unrestricted sources of funds, including appropriated general revenue, tuition and fees, contract instruction, other educational and general revenue, and local tax revenue.(d) Financial Reporting: Integrated Fiscal Reporting System (IFRS).(1) Standards. Each public junior college shall report comprehensive tuition and fee financial data each fiscal year through IFRS as defined in the IFRS manual adopted pursuant to subsection (g)(6) of this section.(2) The Coordinating Board may use data reported through IFRS to establish average annual tuition and fee charges as necessary to implement this chapter.(e) Academic Reporting: Education Data System reporting.(1) Standards. Each public junior college must use data standards established by the Commissioner of Higher Education to submit required information relating to the delivery of educational programs. The Commissioner of Higher Education shall adopt and publish annually data standards in official Coordinating Board publications, including through the Coordinating Board Management (CBM) Reporting and Procedures Manual for Texas Community, Technical, and State Colleges as adopted pursuant to subsection (g)(2) of this section. The Coordinating Board will widely disseminate this publication, which will include:(A) descriptions of the data collections and submission requirements;(B) descriptions of data elements and the codes used to report them, including data used to calculate Full-Time Student Equivalent enrollments, Texas Success Initiative eligibility of students, student transfer, dual credit or dual enrollment, the number and type of credentials conferred, and other relevant student characteristics;(C) detailed responsibilities of public junior colleges in connection to the data submission process, including each deadline for submission and resubmission; and(D) descriptions of data submission requirements, including submission record layout specifications and data edit specifications.(2) A public junior college may report a student in attendance on the approved course census date for the purpose of funding under this subchapter, in accordance with Texas Education Code, §130A.008. (3) Review Process. The Commissioner of Higher Education shall review the CBM Reporting and Procedures Manuals annually. The Commissioner of Higher Education may approve changes to the data and reporting standards outside of the annual review process to expedite implementation of data collections and reporting.(4) Certification. The reporting official for each public junior college must certify the accuracy of the report by a certification statement submitted to the Coordinating Board's Educational Data Center in accordance with the template and instructions provided in the CBM Reporting and Procedures Manual.(5) Credential Reporting. Each institution shall report all credentials conferred to a student in the manner prescribed in §13.643(10) and (14) of this chapter (relating to Definitions) and in accordance with the CBM Reporting and Procedures Manual for Texas Community, Technical, and State Colleges as adopted pursuant to subsection (g)(2) of this section.(f) Academic Reporting: Ad Hoc Reporting Requests. As necessary to implement this chapter, the Commissioner of Higher Education may determine the need for additional, limited, supplemental requests for data and information from public junior colleges. To the extent Ad Hoc Reporting Requests may determine or influence funding disbursements under this subchapter, the Coordinating Board shall require the reporting official or another Coordinating Board designated official for each public junior college to certify the accuracy of the information contained in the report.(g) Adoption by Reference. The Coordinating Board adopts the following manuals, including their appendices, by reference, in accordance with Texas Education Code, §61.0275:(1) Coordinating Board Management Reporting and Procedures Manual for Career Schools and Colleges and Private and Out-of-State Public Postsecondary Institutions, version "Effective Fall 2025;"(2) Coordinating Board Management Reporting and Procedures Manual for Texas Community, Technical, and State Colleges, version "Effective Fall 2025;"(3) Coordinating Board Management Reporting and Procedures Manual for Texas Health-Related Institutions, version "Effective Fall 2025;"(4) Coordinating Board Management Reporting and Procedures Manual for Texas Independent Colleges and Universities, version "Effective Fall 2025;"(5) Coordinating Board Management Reporting and Procedures Manual for Texas Public Universities, version "Effective Fall 2025;"(6) User Manual for Report of Fundable Operating Expenses (RFOE), version "November 2020;"(7) Budget Requirements and Annual Financial Reporting Requirements for Texas Public Community Colleges, version "Fiscal Year 2025;"(8) Community College Annual Reporting and Analysis Tool (CARAT) User's Guide, version "November 2020;"(9) Integrated Fiscal Reporting System (IFRS) Handbook for Reporting Officials, version "October 2025;" and(10) Financial Aid Database (FAD) Report Manual 2024-2025 (FY 2025).</content><note type="source"><p>Source Note: The provisions of this §13.524 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective August 15, 2024, 49 TexReg 5973; amended to be effective September 1, 2025, 50 TexReg 5452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.525"><num value="13.525">§13.525</num><heading>Commissioner Review of Required Reporting; Data Reporting Errors</heading><content>(a) This rule applies only to fundable certified data that will be used to calculate a formula funding allocation in an upcoming fiscal year or that has been used to calculate a formula funding allocation within the previous seven fiscal years. This rule does not apply to data reported to the Coordinating Board that is not yet fundable certified data.(b) After the finalization of fundable certified data, the Commissioner of Higher Education at his or her discretion or upon recommendation of the Chief Audit Executive may direct Coordinating Board staff to review the accuracy of the data reported to the Coordinating Board by a public junior college under this subchapter using any of the following methods or combination thereof:(1) The Chief Audit Executive or Coordinating Board staff may conduct periodic file reviews, desk-reviews, site visits, or audits of the accuracy of the data and information submitted for funding purposes, including regular reviews of submitted data carried out through standard data management, supporting data, audits conducted under this subchapter, or as a result of any other audit. Upon identifying a potential data reporting error, Coordinating Board staff shall notify the Commissioner of Higher Education as soon as practicable.(2) Upon receiving a notification of a potential data reporting error from the Chief Audit Executive, Coordinating Board staff, or the Chief Executive Officer of a public junior college whose data may be affected, the Commissioner of Higher Education may:(A) direct staff to continue to gather additional information; (B) determine that the discrepancy does not rise to the level of a data reporting error as defined in this chapter due to the materiality impact of the error; or(C) determine that the discrepancy rises to the level of a data reporting error that requires a funding adjustment due to the materiality impact of the error or the amount of overallocation or under-allocation.(c) The Coordinating Board may review and or require correction of a data reporting error affecting data used to calculate a formula funding payment that occurred not more than seven years prior.(d) Upon the Commissioner of Higher Education's determination that the discrepancy constitutes a data reporting error requiring a funding adjustment, staff will notify the public junior college within thirty (30) business days.(e) The Commissioner of Higher Education may use any method provided in §13.528 or §13.529 of this subchapter (relating to Recovery of Overallocated Funds and Payment of Under-allocated Funds, respectively) to make the necessary funding adjustments to correct an over- or under-allocation.</content><note type="source"><p>Source Note: The provisions of this §13.525 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective August 15, 2024, 49 TexReg 5973; amended to be effective September 1, 2025, 50 TexReg 5452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.526"><num value="13.526">§13.526</num><heading>Public Junior College Audits</heading><content>(a) A public junior college shall report financial and academic data to the Coordinating Board under §13.524 of this subchapter (relating to Required Reporting).(b) The Chief Audit Executive may conduct compliance monitoring or audits of public junior colleges' compliance with Texas Education Code, Chapter 130A, the General Appropriations Act, and other related formula funding statutes.(c) In conducting an audit or compliance monitoring under this section, the Coordinating Board may request the assistance of the internal audit office at an institution of higher education and private or independent institution of higher education, as institutional resources allow, to examine the institution's use of funds allocated by, and data reported to, the Coordinating Board.(d) To avoid duplication of effort and assist the Coordinating Board in identifying risk, an internal auditor at an institution shall notify the Coordinating Board of any audits conducted by the institution's internal or external auditor involving funds allocated or administered by the Coordinating Board or data reported to the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §13.526 adopted to be effective February 15, 2024, 49 TexReg 676.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.527"><num value="13.527">§13.527</num><heading>Records Retention</heading><content>A public junior college shall retain records related to financial and educational data and information reported to the Coordinating Board under chapter 13 of this title (relating to Financial Planning) for a period of not less than seven years after the date of the close-out payment, as set out in subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy), made for the fiscal year that is two years after the year for which the data was reported, in accordance with Texas Education Code, §130A.009(e).</content><note type="source"><p>Source Note: The provisions of this §13.527 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective September 1, 2025, 50 TexReg 5452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.528"><num value="13.528">§13.528</num><heading>Recovery of Overallocated Funds</heading><content>(a) If the Coordinating Board determines within seven years of an incorrect payment that a data reporting error or any other error resulted in an overallocation of funds to an institution, the Coordinating Board shall use any method authorized under statute or this rule, including any close-out or settle-up provisions contained in subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy), to make a funding adjustment necessary to correct the over-allocation.(b) The Coordinating Board shall notify the institution not later than thirty (30) business days after the Commissioner of Higher Education makes a determination of a data reporting error under §13.525 of this subchapter (relating to Commissioner Review of Required Reporting; Data Reporting Errors) or otherwise identifies an error requiring a funding adjustment to recover an overallocation. This notification must contain the amount of the overallocation and the basis for the determination.(c) The institution may submit a written appeal to the Commissioner of Higher Education within thirty (30) business days of receiving notification of an overallocation. The institution may attach any data or other written documentation that supports its appeal. The Commissioner of Higher Education shall review the appeal and determine in his or her sole discretion whether to affirm, deny, or modify the determination of overallocation within thirty (30) business days of receipt. The Commissioner of Higher Education or Chief Audit Executive shall make an annual report of overallocation determinations to the Board.(d) If the institution does not appeal or the Commissioner of Higher Education affirms the determination that an overallocation requiring a funding adjustment has occurred, the Coordinating Board shall recover an amount equal to the amount overallocated to the public junior college through one of the following methods:(1) The Coordinating Board shall:(A) withhold an amount equivalent to the overallocation by withholding from subsequent allocations of state funds for the current fiscal year as part of any close-out or settle-up provisions contained in subchapter U of this chapter, or as otherwise authorized by law of the current fiscal year; or(B) request and obtain a refund from the public junior college during the current fiscal year an amount equivalent to the amount of the overallocation; or(C) If the Commissioner of Higher Education in his or her sole discretion determines that the recovery of an overallocation in the current or subsequent fiscal year will have a substantial negative impact on the operations of the institution or the education of students, the Commissioner of Higher Education may instead recover the overallocation pursuant to paragraph (2) of this subsection.(2) If the Commissioner of Higher Education in his or her sole discretion determines that an overallocation pursuant to paragraphs (1) or (2) of this subsection was the result of exceptional circumstances reasonably caused by statutory changes to Texas Education Code, Chapters 130 or 130A, and related reporting requirements, the Coordinating Board may recover the overallocation over a period not to exceed the subsequent five fiscal years.(e) In addition to the recovery of an over-allocation under this section, the Commissioner of Higher Education may establish a corrective action plan for a public junior college that has received an overallocation of funds.(f) If the public junior college fails to comply with an agreement to submit a refund established under this section, the Coordinating Board must report to the Comptroller of Public Accounts for recovery pursuant to Texas Education Code, Section 130A.009.</content><note type="source"><p>Source Note: The provisions of this §13.528 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective August 15, 2024, 49 TexReg 5973; amended to be effective September 1, 2025, 50 TexReg 5452.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scR/s13.529"><num value="13.529">§13.529</num><heading>Payment of Under-allocated Funds</heading><content>(a) If the Commissioner of Higher Education determines within one year of the certification date of data found to have been reported in error that a data reporting error resulted in an under-allocation of funds, the Coordinating Board shall provide the funds to the institution pursuant to any close-out or settle-up provisions contained in subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy), or as otherwise authorized by law.(b) The Coordinating Board shall not provide additional funds to an institution in response to a data reporting error if more than one year has elapsed between the certification deadline of the data in question and the date that the error was initially communicated to the Commissioner of Higher Education.(c) The Coordinating Board shall provide additional funds to an institution pursuant to any close-out or settle-up provision contained in subchapter U of this chapter if the Commissioner of Higher Education determines that an error other than a data reporting error resulted in an under-allocation of formula funding to the institution at least fifteen (15) days prior to the close out of a fiscal year for which funding was under-allocated.</content><note type="source"><p>Source Note: The provisions of this §13.529 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective August 15, 2024, 49 TexReg 5973; amended to be effective September 1, 2025, 50 TexReg 5452.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scS"><num value="S">SUBCHAPTER S</num><heading>COMMUNITY COLLEGE FINANCE PROGRAM: BASE AND PERFORMANCE TIER METHODOLOGY FOR FISCAL YEAR 2025</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.550"><num value="13.550">§13.550</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement the Community College Finance Program authorized by Texas Education Code, Chapters 61, 130, and 130A.</content><note type="source"><p>Source Note: The provisions of this §13.550 adopted to be effective May 16, 2024, 49 TexReg 3260.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.551"><num value="13.551">§13.551</num><heading>Authority</heading><content>The Coordinating Board adopts this subchapter pursuant to Texas Education Code, §130A.005, requiring the Coordinating Board to adopt rules to implement the Community College Finance Program created in Texas Education Code, Chapters 61, 130, and 130A.</content><note type="source"><p>Source Note: The provisions of this §13.551 adopted to be effective May 16, 2024, 49 TexReg 3260.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.552"><num value="13.552">§13.552</num><heading>Applicability</heading><content>Unless otherwise provided, the Coordinating Board shall apply the rules in effect for the fiscal year in which the funding was delivered.</content><note type="source"><p>Source Note: The provisions of this §13.552 adopted to be effective May 16, 2024, 49 TexReg 3260.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.553"><num value="13.553">§13.553</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Academically Disadvantaged--A designation that applies to postsecondary students who have not met the college-readiness standard in one or more Texas Success Initiative (TSI) assessments as provided by §4.57 of this title (relating to Texas Success Initiative Assessment College Readiness Standards), and who were not classified as either waived or exempt pursuant to §4.54 of this title (relating to Exemption).(2) Adult Learner--A student aged 25 or older on September 1 of the fiscal year for which the applicable data are reported, in accordance with Coordinating Board data reporting requirements.(3) Advanced Technical Certificate (ATC)--A certificate that has a specific associate or baccalaureate degree or junior level standing in a baccalaureate degree program as a prerequisite for admission. An ATC consists of at least 16 semester credit hours (SCH) and no more than 45 SCH and must be focused, clearly related to the prerequisite degree, and justifiable to meet industry or external agency requirements.(4) Associate Degree--An academic associate degree as defined under Texas Education Code, §61.003(11), or an applied associate degree as defined under Texas Education Code, §61.003(12)(B).(5) Baccalaureate Degree--A degree program that includes any grouping of subject matter courses consisting of at least 120 SCH which, when satisfactorily completed by a student, will entitle that student to an undergraduate degree from a public junior college.(6) Base Tier Funding--The amount of state and local funding determined by the Board for each public junior college that ensures the college has access to a defined level of funding for instruction and operations.(7) Base Year--The time period comprising the year of contact hours used for calculating the contact hour funding to public junior colleges. The Base Year for a funded fiscal year consists of the reported Summer I and II academic term from the fiscal year two years prior to the funded fiscal year; the Fall academic term one fiscal year prior to the funded fiscal year; and the Spring academic term one fiscal year prior to the funded fiscal year.(8) Basic Allotment--A calculation of the dollar value per Weighted FTSE, based on appropriations made in that biennium's General Appropriations Act pursuant to §13.554(c) of this subchapter (relating to Base Tier Allotment).(9) Census Date--The date upon which a college may report a student in attendance for the purposes of formula funding, as specified in the Coordinating Board Management (CBM) manual for the year in which the funding is reported.(10) Continuing Education Certificate--A credential awarded for completion of a program of instruction that meets or exceeds 360 contact hours and earns continuing education units. The certificate program is intended to prepare the student to qualify for employment; to qualify for employment advancement; or to bring the student's knowledge or skills up to date in a particular field or profession; and is listed in an institution's approved program inventory.(11) Credential of Value Baseline--A credential earned by a student that would be expected to provide a positive return on investment. Credential of Value Baseline methodology is described in §13.556 of this subchapter (relating to Performance Tier: Fundable Outcomes).(12) Credential of Value Premium Fundable Outcome--A fundable outcome earned by an institution for a credential earned by a student that would be expected to provide a wage premium. Credential of Value Premium methodology is described in §13.556 of this subchapter.(13) Credentialing Examination--A licensure or registration exam required by a state or national regulatory entity or a certification exam required by an authorized professional organization. An authorized professional organization is a national, industry-recognized organization that sets occupational proficiency standards, conducts examinations to determine candidate proficiency, and confers an industry-based certification.(14) Dual Credit or Dual Enrollment Fundable Outcome--An outcome achieved when a student earns at least 15 SCH or the equivalent of fundable dual credit or dual enrollment courses, defined as follows:(A) Courses that qualify as dual credit courses as defined in §4.83(10) of this title (relating to Definitions); and:(i) In fiscal year 2025 or later, apply toward an academic or career and technical education program requirement at the postsecondary level; or(ii) In fiscal Year 2025 or later are completed by a student who graduates with a Texas First Diploma, as codified in chapter 21, subchapter D of this title (relating to Texas First Early High School Completion Program).(B) All dual credit courses taken by a student enrolled in an approved Early College High School program, as provided by Texas Education Code, §28.009, except a physical education course taken by a high school student for high school physical education credit.(15) Economically Disadvantaged--A designation that applies to postsecondary students who received the federal Pell Grant under 20 U.S.C. §1070a.(16) Equivalent of a Semester Credit Hour--A unit of measurement for a continuing education course, determined as a ratio of one continuing education unit to 10 contact hours of instruction, which may be expressed as a decimal. One semester credit hour of instruction equals 1.6 continuing education units of instruction. In a continuing education course, not fewer than 16 contact hours are equivalent to one semester credit hour.(17) Formula Funding--The funding allocated by the Coordinating Board among all public junior colleges by applying provisions of the Texas Education Code, agency rule, and the General Appropriations Act to a sector-wide appropriation from the General Appropriations Act.(18) Full-Time Student Equivalent (FTSE)--A synthetic measure of enrollment based on the number of instructional hours delivered by an institution of higher education divided by the number of hours associated with full-time enrollment for the time period in question.(19) Fundable Credential--As defined in §13.556(b) of this subchapter.(20) Fundable Outcome Weights--A multiplier applied to eligible fundable outcomes to generate a Weighted Outcome Completion for use in determining the Performance Tier allocation. The methodology for each Fundable Outcome Weight is defined in §13.557 of this subchapter (relating to Performance Tier: Fundable Outcome Weights).(21) High-Demand Fields--A field in which an institution awards a credential that provides a graduate with specific skills and knowledge required for the graduate to be successful in a high-demand occupation, based on the list of high-demand fields as defined in subchapter T of this chapter (relating to Community College Finance Program: High-Demand Fields).(22) Institutional Credentials Leading to Licensure or Certification (ICLC)--A credential awarded by an institution upon a student's completion of a course or series of courses that represent the achievement of identifiable skill proficiency and leading to licensure or certification. This definition includes a credential that meets the definition of an Occupational Skills Award in all respects except that the program may provide training for an occupation that is not included in the Local Workforce Development Board's Target Occupations list.(23) Level 1 Certificate--A certificate designed to provide the necessary academic skills and the workforce skills, knowledge, and abilities necessary to attain entry-level employment or progression toward a Level 2 Certificate or an Applied Associate Degree, with at least 50% of course credits drawn from a single technical specialty. A Level 1 Certificate must be designed for a student to complete in one calendar year or less time and consists of at least 15 semester credit hours and no more than 42 semester credit hours.(24) Level 2 Certificate--A certificate consisting of at least 30 semester credit hours and no more than 51 semester credit hours. Students enrolled in Level 2 Certificates must demonstrate meeting college readiness standards set forth in §4.57 of this title and other eligibility requirements determined by the institution.(25) Local Share--The amount determined to be the institution's contribution of local funds to the Instruction and Operations (I&O) amount for each public junior college. The amount consists of estimated ad valorem maintenance and operations tax revenue and tuition and fees revenue, as determined by the Board.(26) Non-Formula Support Item--An amount appropriated by line item in the General Appropriations Act to a single public junior college or limited group of colleges for a specific, named purpose.(27) Occupational Skills Award (OSA)--A sequence of courses that meet the minimum standard for program length specified by the Texas Workforce Commission for the federal Workforce Innovation and Opportunity Act (WIOA) program (9-14 SCH for credit courses or 144-359 contact hours for workforce continuing education courses). An OSA must possess the following characteristics:(A) The content of the credential must be recommended by an external workforce advisory committee, or the program must provide training for an occupation that is included on the Local Workforce Development Board's Target Occupations list;(B) In most cases, the credential should be composed of Workforce Education Course Manual (WECM) courses only. However, non-stratified academic courses may be used if recommended by the external committee and if appropriate for the content of the credential;(C) The credential complies with the Single Course Delivery guidelines for WECM courses; and(D) The credential prepares students for employment in accordance with guidelines established for the Workforce Innovation and Opportunity Act.(28) Opportunity High School Diploma Fundable Outcome--An alternative means by which adult students enrolled in a workforce program at a public junior college may earn a high school diploma at a college through concurrent enrollment in a competency-based program, as codified in Texas Education Code, chapter 130, subchapter O, and Texas Administrative Code, Title 19, Part 1, Chapter 12.(29) Semester Credit Hour (SCH)--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with Federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.(30) Structured Co-Enrollment Fundable Outcome--A student who earns at least 15 semester credit hours at the junior college district in a program structured through a binding written agreement between a general academic teaching institution and a community college. Under such a program, students will be admitted to both institutions and recognized as having matriculated to both institutions concurrently. The Structured Co-enrollment Fundable Outcome does not include courses fundable under the Dual Credit or Dual Enrollment Fundable Outcome.(31) Third-Party Credential--A certificate as defined in Texas Education Code, §61.003(12)(C), that is conferred by a third-party provider. The third-party provider of the certificate develops the instructional program content, develops assessments to evaluate student mastery of the instructional content, and confers the third-party credential. A third-party credential that meets the requirements of §13.556 of this subchapter is fundable in accordance with that section.(32) Transfer Fundable Outcome--An institution earns a fundable outcome in the Performance Tier under §13.555 of this subchapter (relating to Performance Tier Funding) when a student enrolls in a general academic teaching institution, as defined in Texas Education Code, §61.003, after earning at least 15 semester credit hours from a single public junior college district as established under §13.556(e) of this subchapter. For the purpose of this definition, semester credit hours (SCH) shall refer to semester credit hours or the equivalent of semester credit hours.(33) Weighted Full-Time Student Equivalent (Weighted FTSE or WFTSE)--A synthetic measure of enrollment equal to the number of instructional hours delivered by an institution of higher education divided by the number of hours associated with full-time enrollment for the fiscal year two years prior to the one for which formula funding is being calculated, where the hours delivered to students with certain characteristics carry a value other than one.(34) Weighted Outcomes Completion--A synthetic count of completions of designated student success outcomes where outcomes achieved by students with certain characteristics carry a value other than one. The synthetic count may also represent a calculation, such as an average or maximizing function, other than a simple sum.</content><note type="source"><p>Source Note: The provisions of this §13.553 adopted to be effective May 16, 2024, 49 TexReg 3260; amended to be effective August 15, 2024, 49 TexReg 5974.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.554"><num value="13.554">§13.554</num><heading>Base Tier Allotment</heading><content>(a) Coordinating Board staff will calculate Base Tier funding for each public junior college district (district) as the greater of the Instruction and Operations (I&O) amount minus Local Share and zero.(b) A district's I&O amount is the sum of the number of Weighted Full-Time Student Equivalents (Weighted FTSE) enrolled at the district multiplied by the Basic Allotment amount calculated by the Commissioner of Higher Education as provided in subsection (c) of this section and the district's total Contact Hour Funding as determined by the Coordinating Board.(1) Weighted FTSE for each district is the sum of the district's full-time student equivalents weighted for the student characteristics under subparagraph (B) of this paragraph and the scale adjustment as provided in Texas Education Code, §130A.054.(A) For purposes of determining annual Weighted FTSE as a component of formula funding for the fiscal year under this section, a district's full-time student equivalents (FTSE) is equal to the sum of:(i) the total semester credit hours in which for-credit students were enrolled at the district as of the census dates of all academic semesters or other academic terms that were reported for the fiscal year two years prior, divided by 30; and(ii) the total contact hours in which continuing education students were enrolled at the district as of the census dates of all academic semesters or other academic terms that were reported for the fiscal year two years prior, divided by 900.(B) The Coordinating Board shall apply a weight to the calculation of Weighted FTSE as follows:(i) if a student is classified as economically disadvantaged during the fiscal year two years prior, FTSE generated by that student shall have an additional value of 25%;(ii) if a student is classified as academically disadvantaged during the fiscal year two years prior, FTSE generated by that student shall have an additional value of 25%; and(iii) if a student is classified as an adult learner on September 1 of the fiscal year two years prior, FTSE generated by that student shall have an additional value of 50%.(C) The Coordinating Board calculates a district's scale adjustment weight as the greater of the difference between 5,000 and the number of FTSE as defined in subparagraph (A) of this paragraph multiplied by .40, and zero.(2) For the purpose of calculating formula funding amounts for the fiscal year, Coordinating Board staff will calculate Contact Hour Funding for a public junior college district by first multiplying the number of reported certified fundable contact hours generated by the district in each discipline during the Base Year of the fiscal year by the average cost of delivery per contact hour for each discipline respectively as described in the Report of Fundable Operating Expenses in accordance with §13.524(c) of this chapter (relating to Required Reporting) and summing across all disciplines. Contact hours attributable to students enrolled in a junior-level or senior-level course are weighed in the same manner as a lower division course in a corresponding field. That sum will then be multiplied by a rate calculated by the Commissioner of Higher Education as provided in subsection (c) of this section in accordance with the General Appropriations Act to calculate the district's Contact Hour Funding.(c) The Commissioner shall calculate the Basic Allotment and the rate to be used for calculating districts' Contact Hour Funding such that:(1) Contact Hour Funding is equivalent to Basic Allotment Funding for the fiscal year; and(2) The sum of base tier funding to all districts for the fiscal year equals one-nineteenth of the sum of performance tier foundation payments calculated using funding certified data as described in subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy) by June 1 prior to the fiscal year.(3) The Commissioner may modify the base tier funding on a pro rata basis in accordance with this subsection to account for any changes to performance tier totals arising from any amendments to rule adopted by the Board between June 1 and the beginning of the fiscal year.(d) For the purpose of calculating formula funding amounts for the fiscal year, the Local Share for each public junior college district equals the sum of:(1) the estimated amount of revenue that would have been generated by the district if it had assessed a $0.05 maintenance and operations ad valorem tax on each $100 of taxable property value in its taxing district, as reported under §13.524 of this chapter, which the Coordinating Board will calculate as the district's current tax collection for fiscal year two years prior multiplied by the ratio of the maintenance and operations tax rate to the total tax rate, divided by the product of the maintenance and operations tax rate and 100 and multiplied by five; and(2) the amount of tuition and fee revenue calculated as the sum of:(A) the district's FTSE two fiscal years prior as defined in subsection (b)(1)(A) of this section, except for semester credit hours derived from students enrolled in dual credit or dual enrollment courses, multiplied by a rate calculated by the Commissioner of Higher Education, which is the enrollment-weighted statewide average of tuition and fees charges to full-time equivalent students residing within the district of the public junior college they attend, as reported by the public junior colleges in the Integrated Fiscal Reporting System for the fiscal year two fiscal years prior; and(B) the total semester credit hours of dual credit courses in which students were enrolled as of the census dates of all academic semesters or other academic terms that were reported in the fiscal year two years prior, multiplied by the Financial Aid for Swift Transfer (FAST) tuition rate as codified in §13.504 of this chapter (relating to Financial Aid for Swift Transfer (FAST) Tuition Rate) in the fiscal year two years prior. For fiscal year 2023, the FAST tuition rate is equal to the rate for fiscal year 2024.</content><note type="source"><p>Source Note: The provisions of this §13.554 adopted to be effective May 16, 2024, 49 TexReg 3260; amended to be effective August 15, 2024, 49 TexReg 5974.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.555"><num value="13.555">§13.555</num><heading>Performance Tier Funding</heading><content>(a) Each public junior college district shall receive Performance Tier funding under Texas Education Code, chapter 130A, subchapter C. A district increases its Performance Tier funding amount by producing Fundable Outcomes, with Fundable Outcomes achieved in certain categories eligible for an additional multiplier (Fundable Outcome Weights), as calculated by the Coordinating Board. A Fundable Outcome multiplied by the Fundable Outcome Weight constitutes a Weighted Outcome Completion. A district's Performance Tier funding amount equals the total of each Weighted Outcome Completion multiplied by the funding rates for that completion, as identified in §13.559 of this subchapter (relating to Performance Tier: Rates). Funding rates include an additional weight for fundable credentials delivered in a high-demand field.(b) Fundable Outcomes. Section 13.556 of this subchapter (relating to Performance Tier: Fundable Outcomes) defines each Fundable Outcome type, including the methodology used to calculate each outcome.(c) Fundable Outcome Weight. Section 13.557 of this subchapter (relating to Performance Tier: Fundable Outcome Weights) and subchapter T of this chapter (relating to Community CollegeFinance Program: High-Demand Fields) define each Fundable Outcome Weight type, including the methodology used to calculate each outcome. Fundable Outcome Weights consist of the following categories:(1) Fundable Outcomes achieved by economically disadvantaged students;(2) Fundable Outcomes achieved by academically disadvantaged students; and(3) Fundable Outcomes achieved by adult learners.(d) For the purposes of calculating Weighted Outcome Completions for formula funding amounts for a fiscal year, the Coordinating Board shall calculate the funded number of Weighted Outcome Completions as the greater of the average of the district's Weighted Outcome Completion counts for the fiscal year being funded and two fiscal years prior, as calculated by subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy), and the count for the fiscal year being funded, as calculated according to subchapter U.(e) Fundable Outcome Rates. Section 13.558 of this subchapter (relating to Performance Tier: High-Demand Fields) and §13.559 of this subchapter defines fundable outcomes awarded in a high-demand field and the rates for each fundable outcome, including the higher rate for fundable credentials awarded in a high demand field.</content><note type="source"><p>Source Note: The provisions of this §13.555 adopted to be effective May 16, 2024, 49 TexReg 3260; amended to be effective August 15, 2024, 49 TexReg 5974.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.556"><num value="13.556">§13.556</num><heading>Performance Tier: Fundable Outcomes</heading><content>(a) This section contains definitions of Fundable Outcomes eligible for receiving funding through the Performance Tier. An institution's Performance Tier funding will consist of the count of Fundable Outcomes, multiplied by weights identified in §13.557 of this subchapter (relating to Performance Tier: Fundable Outcome Weights) as applicable, multiplied by the monetary rates identified in this subchapter. Fundable Outcomes consist of the following categories:(1) Fundable Credentials;(2) Credential of Value Premium;(3) Dual Credit Fundable Outcomes;(4) Transfer Fundable Outcomes;(5) Structured Co-Enrollment Fundable Outcomes; and(6) Opportunity High School Diploma Fundable Outcomes.(b) Fundable Credentials.(1) A fundable credential is defined as any of the following:(A) Any of the following credentials awarded by an institution that meets the criteria of a credential of value as defined in paragraph (2) of this subsection using the data for the year in which the credential is reported that is otherwise eligible for funding, and the institution reported and certified to the Coordinating Board:(i) An associate degree;(ii) A baccalaureate degree;(iii) A Level 1 or Level 2 Certificate;(iv) An Advanced Technical Certificate; and(v) A Continuing Education Certificate.(B) An Occupational Skills Award awarded by an institution that the institution reported and certified to the Coordinating Board;(C) An Institutional Credential Leading to Licensure or Certification (ICLC) not reported pursuant to subparagraph (B) of this paragraph and that the institution reported and certified to the Coordinating Board. For fiscal year 2025 or prior only, the credential shall meet one of the following criteria:(i) The credential includes no fewer than 144 contact hours or nine (9) semester credit hours; or(ii) The credential is awarded in a high demand field, as defined in Coordinating Board rule, and includes no fewer than 80 contact hours or five (5) semester credit hours; or(D) A Third-Party Credential that meets the following requirements:(i) The third-party credential is listed in the American Council on Education's ACE National Guide with recommended semester credit hours;(ii) The third-party credential program content is either embedded in a course, embedded in a program, or is a stand-alone program;(iii) The third-party credential is conferred for successful completion of the third-party instructional program in which a student is enrolled;(iv) The third-party credential is included on the workforce education, continuing education, or academic transcript from the college; and(I) For fiscal year 2025 only, the third-party credential includes no fewer than the equivalent of nine (9) semester credit hours or 144 contact hours; or(II) For fiscal year 2025 only, the third-party credential is awarded in a high-demand field as defined in Coordinating Board rule, and includes no fewer than the equivalent of five (5) semester credit hours or 80 contact hours; and(v) The student earned the third-party credential on or after September 1, 2024.(2) Credential of Value Baseline. For fiscal year 2025 or prior only, a credential identified in paragraph (1)(A) of this subsection must meet the Credential of Value Baseline criteria for eligibility as a Fundable Outcome. Beginning in fiscal year 2026, any credential identified in paragraph (1) of this subsection must meet the Credential of Value Baseline criteria for eligibility as a Fundable Outcome. This baseline is met when a credential earned by a student would be expected to provide a positive return on investment within a period of ten years.(A) A program demonstrates a positive return on investment when the majority of students statewide completing the credential, within a program area, are expected to accrue earnings greater than the cumulative median earnings of Texas high school graduates who do not hold additional credentials, plus recouping the net cost of attendance within ten years after earning the credential.(B) This calculation of return on investment shall include students' opportunity cost, calculated as the difference between median earnings for Texas high school graduates and estimated median earnings for students while enrolled:(i) Four years for baccalaureate degree holders;(ii) Two years for associate degree holders; or(iii) One year for holders of a Level 1 certificate, Level 2 certificate, Advanced Technical Certificate, or Continuing Education Certificate.(C) The Coordinating Board shall calculate the expected return on investment for each program based on the most current data available to the agency for the funding year for each program or a comparable program.(D) In applying the methodology under this section to a program offering a credential in an emerging or essential high-demand field pursuant to §13.595(a) and (b) of this chapter (relating to Emerging and Essential Fields), the Commissioner of Higher Education shall utilize recent, relevant data, including:(i) employer certifications provided under §13.595(b);(ii) information on program design, including at minimum the cost and length of the program; and(iii) any other information necessary for the Coordinating Board to apply the methodology under this section to the program proposed in an emerging or essential high-demand field.(3) The following limitations apply to a fundable credential:(A) For a credential under paragraph (1)(B) or (C) of this subsection, if more than one credential that the institution awarded to a student includes the same contact hours, the institution may only submit one credential for funding;(B) If an institution awarded to a student a credential eligible for funding under paragraph (1)(B) and (C) of this subsection and those credentials share the same contact hours, the institution shall submit for funding only the credential awarded under paragraph (1)(B) of this subsection; and(C) For a degree or certificate awarded on or after September 1, 2024, a fundable credential excludes a degree or certificate awarded to a non-resident student enrolled in a 100-percent online degree or certificate program as defined in §2.202(4)(A) of this title (relating to Definitions) for a student who resides out-of-state.(c) Credential of Value Premium. An institution earns a Credential of Value Premium for each student who completes a Fundable Credential under subsection (b)(1)(A) of this section as follows:(1) The student completes the credential of value on or before the target year for completion that, for the majority of students who complete comparable programs, would enable the student to achieve a positive return on investment within the timeframe specified for the program as described in paragraph (2) of this subsection.(2) For each program, the Coordinating Board shall calculate the year in which the majority of comparable programs would be projected to have the majority of their students achieve a positive return on investment.(3) Each year, the Coordinating Board shall publish a list of the target years for completion for each program.(d) Dual Credit Fundable Outcome. An institution achieves a Dual Credit Fundable Outcome when a student has earned a minimum number of eligible dual credit semester credit hours, as defined in §13.553(14) of this subchapter (relating to Definitions).(e) Transfer Fundable Outcome.(1) An institution earns a transfer fundable outcome when a student enrolls in a general academic teaching institution (GAI), as defined in Texas Education Code, §61.003(3), after earning at least 15 semester credit hours (SCH) from a single public junior college district, subject to the following:(A) The student is enrolled at the GAI for the first time in the fiscal year for which the public junior college is eligible for a performance tier allocation, as established in this subchapter;(B) The student earned a minimum of 15 SCHs from the public junior community college district seeking the transfer fundable outcome during the period including the fiscal year in which they enroll at the GAI and the four fiscal years prior; and(C) The attainment of the 15 SCHs satisfies the following restrictions:(i) The transfer fundable outcome shall exclude the 15 SCHs that previously counted toward attainment of a dual credit fundable outcome for the student under subsection (d) of this section.(ii) The transfer fundable outcome may include any SCHs earned by the student not previously counted toward a dual credit fundable outcome under subsection (d) of this section.(2) Only one institution may earn a transfer fundable outcome for any individual student, except as provided by subparagraph (C) of this paragraph. An institution may earn the transfer fundable outcome only once per student. The Coordinating Board shall award the transfer fundable outcome in accordance with this subsection.(A) If a student has earned 15 SCH at more than one institution prior to transfer to any GAI, the Coordinating Board shall award the transfer fundable outcome to the last public junior college at which the student earned the 15 SCH eligible for funding under this section.(B) If the student earned the 15 SCH at more than one institution during the same academic term, the Coordinating Board shall award the transfer fundable outcome to the public junior college:(i) from which the student earned the greater number of the SCH that count toward the transfer fundable outcome during the academic term in which they earned the 15 SCH; or(ii) if the student earned an equal number of SCH that count toward the transfer fundable outcome in the academic term in which the student earned the 15 SCH, to the institution from which the student earned a greater number of SCH that count toward the transfer fundable outcome in total.(C) If a student has met the SCH requirements of subparagraph (B)(i) and (ii) of this paragraph at more than one public junior college, each public junior college may receive a transfer fundable outcome.(f) Structured Co-Enrollment Fundable Outcome. An institution achieves a Structured Co-Enrollment Fundable Outcome when a student has earned a minimum number of eligible semester credit hours in a structured co-enrollment program, as defined in §13.553(30) of this subchapter.(g) Opportunity High School Diploma Fundable Outcome. An institution achieves an Opportunity High School Diploma Fundable Outcome when a student has completed the program and attained the credential, as defined in §13.553(28) of this subchapter. A student must earn the Opportunity High School Diploma on or after September 1, 2024 to qualify as a Fundable Outcome.</content><note type="source"><p>Source Note: The provisions of this §13.556 adopted to be effective May 16, 2024, 49 TexReg 3260.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.557"><num value="13.557">§13.557</num><heading>Performance Tier: Fundable Outcome Weights</heading><content>(a) This section contains definitions of Fundable Outcome Weights that are applied to the Fundable Outcomes specified in §13.556 of this subchapter (relating to Performance Tier: Fundable Outcomes) to generate a Weighted Outcome Completion. A Fundable Outcome that does not qualify for one of the following Fundable Outcome Weight categories receives a weight of 1. The Coordinating Board will apply the following weights to Fundable Outcomes to the extent permitted by data availability. Fundable Outcome Weights consist of the following categories:(1) Outcomes achieved by economically disadvantaged students;(2) Outcomes achieved by academically disadvantaged students; and(3) Outcomes achieved by adult learners.(b) Economically Disadvantaged Students.(1) An institution will receive an additional weight of 25% for fundable credentials, transfer fundable outcomes, and structured co-enrollment fundable outcomes as referenced in §13.556 of this subchapter achieved by an economically disadvantaged student, as defined in §13.553(15) of this subchapter (relating to Definitions).(2) For purposes of calculating economically disadvantaged for the Transfer Fundable Outcome and Fundable Credentials, the student must be classified as economically disadvantaged at any point during the fiscal year in which the outcome was achieved or the four fiscal years prior at the institution in which the outcome was achieved.(3) For purposes of calculating economically disadvantaged for Structured Co-Enrollment Fundable Outcome, the student must be classified as economically disadvantaged in the initial semester of enrollment in the Structured Co-Enrollment Program at either the community college or general academic institution.(c) Academically Disadvantaged Students.(1) An institution will receive an additional weight of 25% for any fundable credentials, transfer fundable outcomes, and structured co-enrollment fundable outcomes in §13.556 of this subchapter achieved by an academically disadvantaged student, as defined in §13.553(1) of this subchapter.(2) For purposes of calculating academically disadvantaged for Transfer Fundable Outcome and Fundable Credentials, the student must be classified as academically disadvantaged at any point during the fiscal year in which the outcome was achieved or the four fiscal years prior at the institution in which the outcome was achieved.(3) For purposes of calculating academically disadvantaged for Structured Co-Enrollment Fundable Outcome, the student must be classified as academically disadvantaged in the initial semester of enrollment in the Structured Co-Enrollment Program at the institution in which the outcome was achieved.(d) Adult Learners.(1) An institution will receive an additional weight of 50% for a fundable credential, transfer fundable outcomes, and structured co-enrollment fundable outcomes in §13.556 of this subchapter achieved by an adult learner, as defined in §13.553(2) of this subchapter.(2) For purposes of calculating an Adult Learner for a transfer fundable outcome, the Coordinating Board shall calculate age in accordance with this subsection.(A) The student shall be 25 years of age or older in the earliest fiscal year in which they were enrolled at the public junior college during the current fiscal year or the two fiscal years prior to first enrollment in a general academic institution; or(B) If the student was not enrolled at the public junior college during the current fiscal year or the two fiscal years prior to the first enrollment in a general academic institution, the student must be 25 years of age of older in the earliest fiscal year of enrollment at the public junior college during the prior four fiscal years.(3) For purposes of calculating an Adult Learner for a fundable credential, the student's eligibility will be determined as follows:(A) For a student who completes an Occupational Skills Award, Institutional Credential leading to Licensure or Certification, Third Party Credential, Level I Certificate, Level II Certificate, Continuing Education Certificate, or Advanced Technical Certificate, as defined in §13.556(b) of this subchapter, 25 years of age or older on September 1 of the fiscal year in which the student earned the credential;(B) For a student who completes an associate degree as defined in §13.556(b) of this subchapter, 25 years of age or older on September 1 of the earliest fiscal year in which the student was enrolled during the period including the year in which the student earned the credential and the prior fiscal year; and(C) For a student who completes a bachelor's degree as defined in §13.556(b) of this subchapter, 25 years of age or older on September 1 of the earliest fiscal year in which the student was enrolled during the period including the year in which the student earned the credential and the three fiscal years prior.(4) For purposes of calculating an Adult Learner for Structured Co-Enrollment Fundable Outcome, the student must be classified as an Adult Learner in the initial semester of enrollment in the Structured Co-Enrollment Program at the institution in which the outcome was achieved.(e) Applicability of Weights. For purposes of transitioning to the new formula model, an institution will receive fundable outcome weights for Occupational Skills Awards, Institutional Credentials Leading to Licensure or Certification, and Third-Party Credentials achieved by economically disadvantaged students, academically disadvantaged students, or adult learners beginning with these awards reported in Fiscal Year 2025. This subsection expires on August 31, 2026.</content><note type="source"><p>Source Note: The provisions of this §13.557 adopted to be effective May 16, 2024, 49 TexReg 3260.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.558"><num value="13.558">§13.558</num><heading>Performance Tier: High-Demand Fields</heading><content>An institution will receive an additional weight, as calculated by an increased funding rate for awarding a Fundable Credential described in §13.556 of this subchapter (relating to Performance Tier: Fundable Outcomes) for credentials delivered in disciplines designated as a High-Demand Field for that institution, as described in subchapter T of this chapter (relating to Community College Finance Program: High-Demand Fields).</content><note type="source"><p>Source Note: The provisions of this §13.558 adopted to be effective May 16, 2024, 49 TexReg 3260.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.559"><num value="13.559">§13.559</num><heading>Performance Tier: Rates</heading><content>An institution receives the following rate for each fundable outcome, weighted according to the applicable provisions of §13.557 of this subchapter (relating to Performance Tier: Fundable Outcome Weights).Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §13.559 adopted to be effective August 15, 2024, 49 TexReg 5974.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.563"><num value="13.563">§13.563</num><heading>Shared Services Report</heading><content>(a) This rule applies to each public junior college district of fewer than 5,000 full-time equivalent students which receives a scale adjustment under §13.554(b)(1)(C) of this subchapter (relating to Base Tier Allotment).(b) Public junior colleges subject to this rule must submit a report on their participation in shared services to the Coordinating Board by November 1st of each even numbered year.(c) The report will include information for each fiscal year in the previous two fiscal years in which a college received a scale adjustment.</content><note type="source"><p>Source Note: The provisions of this §13.563 adopted to be effective May 16, 2024, 49 TexReg 3260.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scS/s13.564"><num value="13.564">§13.564</num><heading>Effective Date of Rules</heading><content>This subchapter takes effect September 1, 2024, and is effective only for the calculation of fiscal year 2025 funding amounts and the calculation of fiscal year 2025 funding adjustments pursuant to subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy).</content><note type="source"><p>Source Note: The provisions of this §13.564 adopted to be effective May 16, 2024, 49 TexReg 3260; amended to be effective September 1, 2025, 50 TexReg 5455.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scT"><num value="T">SUBCHAPTER T</num><heading>COMMUNITY COLLEGE FINANCE PROGRAM: HIGH-DEMAND FIELDS</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.590"><num value="13.590">§13.590</num><heading>Authority and Purpose</heading><content>(a) Texas Education Code, §130A.101(c)(1), provides for public junior colleges to earn an additional funding weight for a credential conferred in a high-demand occupation as part of performance tier funding.(b) The purpose of this subchapter is to identify a credential eligible for an additional funding weight. To be eligible for an additional weight a credential must be eligible for performance tier funding under §13.555 of this chapter (relating to Performance Tier Funding), and a public junior college must confer the credential in a field specified in this subchapter, as defined by the discipline's federal Classification of Instructional Program (CIP) Code.</content><note type="source"><p>Source Note: The provisions of this §13.590 adopted to be effective May 16, 2024, 49 TexReg 3270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.591"><num value="13.591">§13.591</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Assistant Commissioner--In this subchapter means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner of Higher Education.(2) Emerging Occupation--As defined in §13.596 of this subchapter (relating to Emerging Occupations).(3) Essential Occupation--As defined in §13.595 of this subchapter (relating to Essential Occupations).(4) High-Demand Field--Academic discipline in which an institution awards a credential that provides a graduate with specific skills and knowledge required for the graduate to be successful in a high-demand occupation, based on the list of high-demand occupations as defined in this subchapter. Fields shall be derived from the CIP SOC Crosswalk most recently published by the Bureau of Labor Statistics and the National Center for Education Statistics, or, at the Commissioner of Higher Education's discretion, the crosswalk most recently published with a reasonable allowance of time for analysis and review.(5) High-Demand Occupation--An occupation identified as such by the Commissioner of Higher Education in consultation with the Texas Workforce Commission based on exceptionally high projected growth or status as an Emerging or Essential Occupation and other eligibility criteria under this subchapter. A credential awarded in a high-demand field included in the list approved for an additional funding weight under this subchapter correspond to one or more high-demand occupations.(6) Region--An economic region of this state as defined by the Texas Comptroller of Public Accounts.</content><note type="source"><p>Source Note: The provisions of this §13.591 adopted to be effective May 16, 2024, 49 TexReg 3270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.592"><num value="13.592">§13.592</num><heading>Regions</heading><content>(a) Except as set out under subsection (b) of this section, the Coordinating Board shall use the following regional list for the purpose of generating the list of high-demand fields for each institution under this subchapter.(1) Alamo Region:(A) Alamo Colleges District(B) Victoria College(2) Capital Region: Austin Community College(3) Central Texas Region:(A) Blinn College District(B) Central Texas College(C) Hill College(D) McLennan Community College(E) Temple College(4) Gulf Coast Region:(A) Alvin Community College(B) Brazosport College(C) College of the Mainland(D) Galveston College(E) Houston Community College(F) Lee College(G) Lone Star College System(H) San Jacinto College District(I) Wharton County Junior College(5) High Plains Region:(A) Amarillo College(B) Clarendon College(C) Frank Phillips College(D) South Plains College(6) Metroplex Region:(A) Collin County Community College District(B) Dallas College(C) Grayson College(D) Navarro College(E) North Central Texas College(F) Tarrant County College District(G) Weatherford College(7) Northwest Region:(A) Cisco College(B) Ranger College(C) Vernon College(D) Western Texas College(8) Southeast Region: Angelina College(9) South Texas Region:(A) Coastal Bend College(B) Del Mar College(C) Laredo College(D) South Texas College(E) Southwest Texas Junior College(F) Texas Southmost College(10) Upper East Region:(A) Kilgore College(B) Northeast Texas Community College(C) Panola College(D) Paris Junior College(E) Texarkana College(F) Trinity Valley Community College(G) Tyler Junior College(11) Upper Rio Grande Region: El Paso Community College(12) West Texas Region:(A) Howard College District(B) Midland College(C) Odessa College(b) Not later than March 1 annually, a public junior college that is assigned to a region established under this subchapter may request, via electronic communication to CCFinance@highered.texas.gov signed by the chief executive officer, reassignment to a different region overlapping with the college's service area, as established in Texas Education Code, chapter 130, subchapter J, for the purpose of this subchapter.(1) An election to a different region under this section shall begin on September 1 and continue for no fewer than the following four (4) fiscal years.(2) The Coordinating Board shall maintain an updated list that includes each institution and its assigned region pursuant to this section.</content><note type="source"><p>Source Note: The provisions of this §13.592 adopted to be effective May 16, 2024, 49 TexReg 3270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.593"><num value="13.593">§13.593</num><heading>Regional High-Demand Fields Lists</heading><content>(a) For each region, the Commissioner of Higher Education shall approve a list of high-demand fields eligible for an additional funding weight in the performance tier.(b) Each Regional High-Demand Fields List shall include a list of statewide high-demand fields and a list of region-specific high-demand fields approved by the Commissioner of Higher Education and may include a further list of Emerging and Essential Fields added pursuant to §13.595 of this subchapter (relating to Essential Occupations) and §13.596 (relating to Emerging Occupations).(c) Each regional high-demand fields list shall be limited to the fields associated with the high-demand occupations identified pursuant to §13.594 of this subchapter (relating to High-Demand Fields Methodology), up to five (5) occupations added pursuant to §13.595 and any occupations added pursuant to §13.596.(d) Each public junior college shall earn the additional funding weight when it confers a fundable credential in a field that appears on the list of high-demand fields for its assigned region.</content><note type="source"><p>Source Note: The provisions of this §13.593 adopted to be effective May 16, 2024, 49 TexReg 3270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.594"><num value="13.594">§13.594</num><heading>High-Demand Fields Methodology</heading><content>The Coordinating Board shall apply the following methodology to generate region-specific lists of Regional High-Demand Fields to be approved by the Commissioner of Higher Education:(1) In consultation with the Texas Workforce Commission (TWC), the Coordinating Board shall examine projections of the number of persons expected to be employed in the state of Texas and in each region for each occupation.(A) These projections shall consider the ten-year employment projections most recently published by the TWC; data from the United States Bureau of Labor Statistics (BLS); and other relevant data regarding projected regional and state workforce needs.(B) In its examination of workforce projections, the Coordinating Board shall exclude from the analysis all occupations identified by the BLS as typically requiring, at the entry level, no high school diploma or equivalent, a high school diploma or equivalent, a bachelor's degree, or any level of graduate education, except as provided in paragraph (2) of this section.(2) The Coordinating Board may include an occupation identified by the BLS as typically requiring a high school diploma or equivalent or a bachelor's degree if it meets the following criteria:(A) The BLS identifies the occupation as typically requiring a high school diploma or equivalent and either the BLS identifies the occupation as typically requiring a successfully completed apprenticeship or the TWC identifies the occupation as requiring a licensure or certification granted by an agency of this state, or other credential, or successful completion of an apprenticeship, to perform the occupation; or(B) The Coordinating Board identifies relevant data demonstrating that the occupation typically requires a license, certification, credential other than a bachelor's degree, or a completed apprenticeship, and more than one (1) public junior college operates a program intended to prepare individuals to obtain such a credential or completed apprenticeship. (3) The Coordinating Board shall calculate each region's list of high-demand occupations as follows:(A) Within each region, group each occupation according to the first four (4) digits of its code under the most recent Standard Occupational Classification (SOC) system as promulgated by the BLS.(B) Sum the projected change in employment for each grouping of occupations according to the first four (4) digits of SOC codes across all regions to generate a set of projections for each group of occupations across the state and rank this set from highest projected change to lowest.(4) Each region's list of high-demand occupations shall consist of the ten (10) four-digit SOC groupings with the highest projected change across the state and the five (5) four-digit SOC groupings with the highest projected change within that region that do not appear among the ten (10) with the highest projected change statewide, as well as up to five (5) Essential Occupations identified by six-digit SOC codes as determined pursuant to §13.595(b) of this subchapter (relating to Essential Occupations) and any Emerging Occupations identified by six-digit SOC codes as determined pursuant to §13.596 of this subchapter (relating to Emerging Occupations).(5) Each region's list of high-demand fields shall consist of all academic fields, defined as its four-digit CIP Code, that correspond to its list of high-demand occupations according to the SOC-to-CIP crosswalk most recently published by the BLS and National Center for Education Statistics, or, at the Commissioner of Higher Education's discretion, the crosswalk most recently published with a reasonable allowance of time for analysis and review. The Coordinating Board shall match a high-demand occupation to the academic fields that correspond to an occupation in the SOC-to-CIP crosswalk to which it is substantively equivalent.(6) When the crosswalk used in this section does not include a high-demand occupation or does not link any academic fields to it, the Commissioner of Higher Education shall designate at least one academic field, defined as a four-digit CIP code, as being linked to the occupation and add it to the corresponding high-demand fields list if it is not already present. In making this determination the Commissioner of Higher Education may consult with appropriate subject matter experts.(7) In consultation with appropriate subject matter experts, the Commissioner of Higher Education may alter the set of academic fields added to a high-demand fields list on the basis of their correspondence to an Emerging Occupation determined pursuant to §13.596 of this subchapter (relating to Emerging Occupations).</content><note type="source"><p>Source Note: The provisions of this §13.594 adopted to be effective May 16, 2024, 49 TexReg 3270; amended to be effective September 1, 2025, 50 TexReg 5455.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.595"><num value="13.595">§13.595</num><heading>Essential Occupations</heading><content>(a) To respond to the rapidly evolving economic needs of the state and any regional labor shortages in critical occupations, this section provides an alternative pathway for the Coordinating Board to include fields linked to occupations not otherwise generated by the methodology described in §13.594 of this subchapter (relating to High-Demand Fields Methodology) to the list of High-Demand Fields for which a college receives additional funding under §13.558 of this chapter (relating to Performance Tier: High-Demand Fields).(b) Petition Process for Essential Occupations. For including Essential Occupations on a region's high-demand occupations list under §13.594(4), the Coordinating Board shall utilize the following process:(1) A public junior college or consortium of public junior colleges assigned to the same region under §13.592 of this subchapter (relating to Regions) may petition the Coordinating Board to add no more than five Essential Occupations using a form approved by the Commissioner of Higher Education.(2) Whether individually or as a member of a consortium, a public junior college may submit only one petition to the Coordinating Board during each time period when petitions are accepted pursuant to paragraph (b)(5) of this section.(3) A petition under this section may request that specific occupations identified by six-digit SOC codes be added to the list of high-demand occupations on the regional high-demand fields list for the requestor(s) pursuant to §13.594(4).(4) A petition under this section shall name the Workforce Development Area (WDA) in the institution's service area whose board has designated as a Targeted Occupation pursuant to Texas Government Code, chapter 2308, each occupation that the petition seeks to add to a regional high-demand occupations list. The petition shall also include, for the occupation(s) and region in question:(A) evidence of current job vacancies or growth, whether recent or projected, in the number of job openings;(B) evidence of prevailing compensation or growth, whether recent or projected, in prevailing compensation;(C) evidence of the importance of the occupation(s) to the regional economy; and(D) evidence that the occupation typically requires for entry completion of an academic or workforce credential that the requestor(s) currently offers or will begin offering by the start of the fiscal year for which the occupation would take effect as a high-demand occupation if approved.(5) Beginning in fiscal year 2025, in each odd-numbered year the Coordinating Board shall accept petitions under this section for a time period beginning on the earlier of May 1 or the day after the TWC publishes a new list of Target Occupations and ending May 31.(c) Review Process and Criteria for Essential Occupations. The Coordinating Board shall utilize the following method for reviewing all petitions properly submitted pursuant to subsection (b) of this section:(1) In consultation with the Texas Workforce Commission, the Coordinating Board shall discard as ineligible any occupation(s) not included on the Targeted Occupations list of a Workforce Development Area within the region to which the petitioner(s) is assigned under §13.592, as well as any occupations already included among the region's high-demand occupations.(2) If, considering all eligible occupations on all petitions for a region, all public junior colleges in the region request five or fewer unduplicated eligible Essential Occupations for addition to the region's high-demand occupations, the Assistant Commissioner shall recommend that the Commissioner of Higher Education approve the occupations for inclusion on the region's high-demand occupations list.(3) If multiple public junior colleges in a region request more than five unduplicated eligible Essential Occupations in total for addition to a region's high-demand occupations, the Coordinating Board shall score each occupation according to a rubric developed in consultation with the Texas Workforce Commission and approved by the Commissioner of Higher Education. The rubric shall specify scoring standards that may include the following:(A) Workforce demand;(B) Prevailing compensation;(C) Regional economic importance;(D) Typical education and training requirements;(E) Demand among institutions, such as the percentage of the public junior colleges assigned to the region that petitioned for its inclusion as an Essential Occupation, and(F) Other criteria or evidence relevant to the determination of need for the occupation in the scoring rubric approved by the Commissioner of Higher Education.(4) Not later than July 15 of each odd-numbered year, the Assistant Commissioner shall review and approve the scores assigned to each occupation and recommend the five (5) highest scoring occupations for each region to the Commissioner of Higher Education for approval. The Commissioner of Higher Education shall review the occupations recommended by the Assistant Commissioner for each region for addition as an Essential Occupation to the region's list of high-demand occupations. The Commissioner of Higher Education in his or her sole discretion based on the petitions and demonstration of need may approve or deny approval of any occupation recommended by the Assistant Commissioner.(5) An Essential Occupation shall remain on a region's list of high-demand occupations under §13.594 (relating to High-Demand Fields Methodology) as an Emerging Occupation for not fewer than two (2) fiscal years.</content><note type="source"><p>Source Note: The provisions of this §13.595 adopted to be effective May 16, 2024, 49 TexReg 3270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.596"><num value="13.596">§13.596</num><heading>Emerging Occupations</heading><content>(a) In consultation with the Office of the Governor, the Commissioner of Higher Education may add an occupation to the list of statewide high-demand occupations under §13.594 (relating to High-Demand Fields Methodology) as an Emerging Occupation.(b) An Emerging Occupation shall meet the following criteria:(1) The occupation does not already appear among the high-demand occupations for the state; and(2) The occupation is aligned with a state legislative priority, as evidenced by the passage of legislation or provision of funding to encourage or develop the sector for which the occupation may be necessary.(c) The Commissioner of Higher Education may designate an Emerging Occupation at any time. An institution may earn the rate for a high demand field designated as an Emerging Occupation beginning September 1 of the fiscal year after the occupation is added to the list.(d) An Emerging Occupation shall remain on the list of statewide high-demand occupations under §13.594 for not less than two (2) years.(e) The Commissioner of Higher Education may, in consultation with the Office of the Governor, extend the designation of an Emerging Occupation on the list of statewide high-demand occupations for two (2) years.</content><note type="source"><p>Source Note: The provisions of this §13.596 adopted to be effective May 16, 2024, 49 TexReg 3270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scT/s13.597"><num value="13.597">§13.597</num><heading>Effective Dates: High-Demand Fields</heading><content>This section establishes the schedule upon which the Coordinating Board will create updated lists of high-demand fields, essential occupations, and emerging occupations, and the amount of time that a field identified as high-demand will remain on a high-demand fields list.(1) Standard Regional High-Demand Fields.(A) The Board shall adopt the Regional High-Demand Fields lists for each biennium not later than its July board meeting of each odd-numbered year.(B) The new Regional High-Demand Fields lists shall be effective for each biennium beginning September 1 of each odd-numbered year.(C) Applying first to the High-Demand Fields list adopted under §(2)(B) of this section in FY 2024, a field that the Board removes from a Regional High-Demand Fields list shall continue to be funded as a high-demand field for the following biennium.(2) Standard Regional High-Demand Fields Conferred in FY 2023 - 2025. For calculating FY 2025 funding amounts based on the greater of FY 2025 credentials awarded or the three-year average of FY 2023 - 2025, the Coordinating Board shall apply High-Demand Fields lists as follows:(A) For credentials awarded in FY 2023, notwithstanding §13.594 (relating to High-Demand Fields Methodology), the Coordinating Board shall use the list of High-Demand Fields for FY 2023 adopted by the Board at its July 2024 board meeting, which it shall also publish publicly.(B) For credentials awarded in FY 2024 and FY 2025 the Coordinating Board shall identify credentials conferred in High-Demand Fields based on the list developed in accordance with §13.594 and adopted by the Board at its July 2024 board meeting, which it shall also publish publicly.(3) Emerging and Essential Occupations.(A) Academic fields linked to Essential Occupations designated pursuant to §13.595(c) (relating to Essential Occupations) shall be effective for the following biennium beginning September 1 of each odd-numbered year but may be renewed subject to approval of a new petition under §13.595(b) and (c).(B) Academic fields linked to Emerging Occupations designated pursuant to §13.595(d) shall be effective for two (2) fiscal years but may be renewed pursuant to §13.595(d).</content><note type="source"><p>Source Note: The provisions of this §13.597 adopted to be effective May 16, 2024, 49 TexReg 3270.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scU"><num value="U">SUBCHAPTER U</num><heading>COMMUNITY COLLEGE FINANCE PROGRAM: FORECASTING METHODOLOGY AND FINANCE POLICY</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.620"><num value="13.620">§13.620</num><heading>Purpose</heading><content>The purpose of this subchapter is to establish the definitions, timeline of payments, methodologies, and processes necessary to calculate and distribute state formula funding under the State Public Junior College Finance Program (the Program).</content><note type="source"><p>Source Note: The provisions of this §13.620 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.621"><num value="13.621">§13.621</num><heading>Authority</heading><content>The Coordinating Board adopts this subchapter pursuant to Texas Education Code, §130A.005, requiring the Coordinating Board to adopt rules to implement the Community College Finance Program created in Texas Education Code, chapters 61, 130, and 130A.</content><note type="source"><p>Source Note: The provisions of this §13.621 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.622"><num value="13.622">§13.622</num><heading>Applicability</heading><content>Unless otherwise provided, the Coordinating Board shall apply the rules in effect during a fiscal year to any payment adjustment based on differences between prior payments and payments recalculated as provided by this subchapter, including any adjustment made after the fiscal year has ended.</content><note type="source"><p>Source Note: The provisions of this §13.622 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.623"><num value="13.623">§13.623</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Certified Outcomes--Data reported by each institution for the number of fundable outcomes, or used to calculate the number of fundable outcomes, as defined by this chapter, generated in a prior fiscal year as required by a Coordinating Board rule, reporting manual, or other data submission instructions.(2) Close-Out Adjustment--The amount added to or subtracted from the first formula funding payment made to a public junior college in a fiscal year to account for variance between the sum of all foundation payments and adjustments for a prior fiscal year and the recalculation of the performance tier portion of the foundation payment for the fiscal year based exclusively on fundable certified outcomes data. The first application of the close out adjustment will be to FY 2027 funding based on variance in FY 2025 funding.(3) Dynamic Adjustment--The amount added to the second formula funding payment made to a public junior college in a fiscal year in the amount by which the foundation payment for that fiscal year as initially calculated is less than the recalculation of the foundation payment using data, including preliminary outcomes data, that have become available since the initial calculation. Dynamic adjustments may not be a negative amount.(4) Error Adjustment--An ad hoc funding adjustment made by the Coordinating Board after the close-out adjustment to account for data or processing errors discovered after the close-out adjustment, as authorized by subchapter R of this chapter (relating to State Public Junior College Finance Program: Reporting, Audit, and Overallocation).(5) Foundation Payment--The total of the base and performance tier payments to which a public junior college may be entitled for a given fiscal year, calculated by application of methodologies prescribed in this chapter relating to the base and performance tier methodologies of the community college finance program for the fiscal year in question. The Commissioner of Higher Education shall calculate the foundation payment for a fiscal year at the level calculated as of June 1 prior to the start of the fiscal year unless the Commissioner of Higher Education determines that calculation on that date could result in inaccurate funding to one or more institutions.(6) Fundable Certified Data--Data reported by a public junior college and used to calculate funding amounts disbursed under this subchapter for which both the certification date specified in the applicable rule or reporting manual or other data submission instructions and the date of May 1 of the current fiscal year have passed. The Coordinating Board shall use Fundable Certified Data as of May 1 of the current fiscal year to calculate the foundation payment amount for the next fiscal year.(7) Institution--In this subchapter, means a public junior college, public junior college district, or community college as defined in Texas Education Code, chapters 130 or 130A, unless expressly provided otherwise.(8) Preliminary Outcomes--The Coordinating Board shall calculate the preliminary outcomes based on data on the number of fundable outcomes reported by public junior colleges generated in the prior year for the purpose of calculating the dynamic adjustment and settle-up adjustment.(9) Public Junior College--In this subchapter, means a public junior college, public junior college district, or community college as defined in Texas Education Code, chapters 130 or 130A, unless expressly provided otherwise.(10) Settle-Up Adjustment--The amount added or subtracted to a college's current-year funding to account for variance between the prior-year foundation payment plus dynamic adjustment and the recalculation of the prior-year foundation payment based on preliminary data from the prior year itself. The Settle-Up Adjustment first applies to FY 2026 when the FY 2025 forecast is compared to FY 2025 preliminary outcomes.</content><note type="source"><p>Source Note: The provisions of this §13.623 adopted to be effective August 15, 2024, 49 TexReg 5978; amended to be effective September 1, 2025, 50 TexReg 5456.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.624"><num value="13.624">§13.624</num><heading>Forecasting Fundable Outcomes</heading><content>(a) Purpose. The purpose of this section is to establish the methodology for forecasting fundable performance outcome counts to calculate performance tier funding amounts covering a time period for which performance data are not yet available. Using historical data for each public junior college, the Coordinating Board shall forecast each performance tier fundable outcome based on the applicable performance tier funding rules of this chapter in effect for the fiscal year for which the Coordinating Board is calculating performance tier funding. The Coordinating Board shall use these figures to calculate each performance tier payment for the fiscal year as established in this chapter.(b) Methodology for Fiscal Year 2025 and Foundation Payment for Fiscal Year 2026. To calculate payment adjustments to Fiscal Year 2025 and the foundation payment for Fiscal Year 2026, the Coordinating Board shall forecast the total annual count of a fundable performance tier outcome for a public junior college using the exponential triple smoothing method of trend analysis with additive error, trend, and seasonality parameters applied to time series data. Except as specified in subsection (d)(1) of this section, this time series data shall use fundable certified data with the counts of fundable outcomes achieved annually by the public junior college during no fewer than the six most recent years for which data are available except as otherwise provided by subsection (c) of this section.(c) Methodology. Except for forecasts conducted to calculate amounts of payments under subsection (b) of this section, the Coordinating Board shall forecast the total annual count of a performance tier fundable outcome for a public junior college using the model of those provided in subsection (b)(1)(A) of this section demonstrating the lowest root mean square error (RMSE) as established by time series cross validation, according to the following:(1) The model demonstrating the lowest RMSE for each fundable performance outcome for a public junior college will be selected and used for forecasting the total annual count of that fundable performance outcome for that public junior college. (2) For the purposes of forecasting total annual count of a fundable performance outcome for a public junior college, the Coordinating Board will use fundable certified data with the counts of fundable outcomes achieved annually by the public junior college during no fewer than the six most recent years for which data are available except as otherwise provided by subsection (d) of this section. (3) For the purposes of determining the lowest RMSE model for forecasting each fundable performance outcome for each public junior college for a given fiscal year, fundable certified data with the counts of fundable outcomes achieved annually by the public junior college no more recently than two years prior to the fiscal year for which the forecast is conducted will be included in model selection.(4) In forecasting performance tier fundable outcome counts, the Coordinating Board shall select between the models listed below. Each model's parameter specifications will be the set of parameters that produces the lowest corrected Akaike information criterion (AICc). (A) Autoregressive integrated moving average (ARIMA).(B) Exponential triple smoothing (ETS).(C) Random walk with drift (RWD).(d) Other time series data.(1) In calculating amounts of payments under subsection (b) of this section, the time series data for forecasting Occupational Skills Awards and Institutional Credentials Leading to Licensure or Certification shall consist of fundable certified data with the counts of each performance tier fundable outcome achieved annually by a public junior college during no fewer than the four most recent fiscal years for which data are available. For Institutional Credentials Leading to Licensure or Certification, the Coordinating Board shall use the definition and limitations for the credential in effect during the fiscal year for which the credential was reported.(2) In conducting forecasting according to subsection (c) of this section, the Coordinating Board shall forecast performance outcome counts for which four or five years of fundable certified data are available using the available data. If fewer than four years of fundable certified data are available, the Coordinating Board shall forecast the performance outcome count as the greater of the count for the most recent available year of fundable certified data and the average of the counts for all available years of fundable certified data.(e) Bounded projections. The forecasted total annual count of a fundable performance outcome for a fiscal year shall not exceed 110 percent nor be less than 95 percent of the count for the prior year. If the count for the prior year is also a forecasted value, then the maximum allowable change for the current year shall be calculated against the prior year's forecasted value as adjusted pursuant to this rule. If the value for a fundable performance outcome for the most recent actual, not forecasted data is zero, the forecast shall not be bounded in the next fiscal year. In no circumstances may an estimated fundable performance outcome be negative.(f) The Coordinating Board shall forecast the number of each fundable credential in a high-demand field, as defined under subchapter T of this chapter (relating to Community College Finance Program: High-Demand Fields), for a fiscal year by multiplying the average annual percentage of the credential conferred in a high-demand field in the institution's time series data by the total count of the credential forecast to be conferred in that year.(g) The Coordinating Board shall forecast the number of each fundable credential receiving an additional weight based on academically disadvantaged, economically disadvantaged, and adult learners status, as provided by §13.556 and §13.646 of this chapter (relating to Performance Tier: Fundable Outcomes) establishing performance outcome definitions for the fiscal year for which it is calculating performance funding, for a fiscal year by multiplying the average percentage of the credential conferred by the institution to students in each respective subgroup in the institution's time series data by the total count of the credential forecast to be conferred by the institution in that year.</content><note type="source"><p>Source Note: The provisions of this §13.624 adopted to be effective August 15, 2024, 49 TexReg 5978; amended to be effective September 1, 2025, 50 TexReg 5456.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.625"><num value="13.625">§13.625</num><heading>Schedule and Composition of Payments for Fiscal Year 2025</heading><content>(a) Non-Formula Support Items. For the purpose of distributing state appropriations to a public junior college in fiscal year 2025, the Coordinating Board shall distribute the full amount of all fiscal year non-formula support items appropriated to the institution in accordance with the provisions of the General Appropriations Act in effect for the biennium by September 25 of the fiscal year. The Coordinating Board shall recover any overallocation or adjust any installment required to comply with state law or Board rules.(b) Formula Funding Amounts: Fall. For the purpose of distributing state appropriations to an institution in fiscal year 2025, the Coordinating Board shall distribute to each institution by October 15:(1) FY 2025 Foundation payment: one-half of the foundation payment the Coordinating Board determines the institution may be entitled to receive in fiscal year 2025, including:(A) Base tier funding for fiscal year 2025;(B) Performance tier funding calculated using fundable certified performance outcomes data from fiscal year 2023; and(C) Performance outcomes for fiscal years 2024 and 2025 forecasted pursuant to §13.624 of this subchapter (relating to Forecasting Fundable Outcomes).(2) FY 2024 Close Out: In accordance with §13.477 of this part (relating to Close Out), the Coordinating Board shall close out fiscal year 2024.(c) Formula Funding Amounts: Spring. For the purpose of distributing state appropriations to a public junior college in fiscal year 2025, the Coordinating Board shall distribute to each district by February 15, 2025:(1) FY 2025 Foundation Payment: one-quarter of the foundation payment as described in subsection (b)(1) of this section.(2) FY 2025 Dynamic Adjustment: the full positive amount by which the performance tier funding of the foundation payment as provided by subsection (b)(1) of this section is less than a calculation of performance tier funding using:(A) fundable certified performance outcomes data from fiscal year 2023;(B) preliminary outcomes data from 2024; and(C) performance outcomes for all other elements for fiscal years 2024 and 2025 forecasted pursuant to §13.624 of this subchapter.(d) Formula Funding Amounts: Summer. For the purpose of distributing state appropriations to a public junior college in fiscal year 2025, the Coordinating Board shall distribute to each junior college by a date as soon as is practicable after June 15, in accordance with the appropriations process, one-quarter of the foundation payment as described in subsection (b)(1) of this section, which amount may be multiplied by a number less than one as necessary to prevent formula funding distributions to institutions from exceeding state appropriations for such purpose, pursuant to the provisions of the General Appropriations Act, Texas Education Code, and all other applicable statutes and rules.(e) The Commissioner of Higher Education may modify any installment under this schedule as necessary to provide an institution with the amount to which the institution is entitled under Texas Education Code, chapters 130 and 130A, the General Appropriations Act, a supplemental appropriations act, or chapter 13 of this title.</content><note type="source"><p>Source Note: The provisions of this §13.625 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.626"><num value="13.626">§13.626</num><heading>Schedule and Composition of Payments for Fiscal Year 2026</heading><content>(a) Non-Formula Support Items. For the purpose of distributing state appropriations to a public junior college in fiscal year 2026, the Coordinating Board shall distribute the full amounts of all fiscal year 2026 non-formula support items appropriated to the institution to in accordance with the provisions of the General Appropriations Act in effect for the biennium by September 25, 2025, or on a date as required by the General Appropriations Act. The Coordinating Board shall recover any overallocation or adjust any installment required to comply with state law or Board rules.(b) Formula Funding Amounts: Fall. For the purpose of distributing state appropriations to a public junior college in fiscal year 2026, the Coordinating Board shall distribute to each district by October 15, 2025:(1) FY 2026 Foundation Payment: one-half of the foundation payment the Coordinating Board determines the district may be entitled to receive in fiscal year 2026, including:(A) Base tier funding for fiscal year 2026;(B) performance tier funding calculated using funding certified performance outcomes data from fiscal year 2024 and performance outcomes for fiscal years 2025 and 2026 forecasted pursuant to §13.624 of this subchapter (relating to Forecasting Fundable Outcomes).(2) Projected FY 2025 Settle-Up: the Coordinating Board shall add the full amount, including if such amount is a negative number, of:(A) fiscal year 2025 performance tier funding calculated using fundable certified performance outcomes data from fiscal years 2023 and 2024 and performance outcomes for fiscal year 2025 forecasted pursuant to §13.624 of this subchapter; minus(B) the sum of performance tier funding payments made under the fiscal year 2025 foundation payments and dynamic adjustment.(c) Formula Funding Amounts: Spring. For the purpose of distributing state appropriations to a public junior college district in fiscal year 2026, the Coordinating Board shall distribute to each district by February 15, 2026:(1) FY 2026 Foundation Payment: one-quarter of the foundation payment as described in (b)(1) of this subsection.(2) FY 2026 Dynamic Adjustment: the full positive amount by which fiscal year 2026 performance tier funding of the foundation payment as described in (b)(1) of this subsection is less than a calculation of performance tier funding using:(A) funding certified performance outcomes data from fiscal year 2024;(B) preliminary outcomes data from fiscal year 2025; and(C) Performance outcomes for all other required data elements for fiscal years 2025 and 2026 forecasted pursuant to §13.624 of this subchapter.(3) FY 2025 Settle-Up Adjustment: the full positive amount of the difference between:(A) fiscal year 2025 performance tier funding calculated using:(i) fundable certified performance outcomes data from fiscal years 2023 and 2024;(ii) preliminary outcomes from fiscal year 2025; and(iii) performance outcomes for all other elements for fiscal year 2025 forecasted pursuant to §13.624 of this subchapter; minus(B) the sum of performance tier funding payments made under the fiscal year 2025 foundation payments, the fiscal year 2025 dynamic adjustment, and the projected fiscal year 2025 settle-up.(d) Formula Funding Amounts: Summer. For the purpose of distributing state appropriations to a public junior college district in fiscal year 2026, the Coordinating Board shall distribute to each district by June 15, 2026, one-quarter of the FY 2026 foundation payment as described in (b)(1) of this subsection.(e) The Commissioner of Higher Education may modify any installment under this schedule as necessary to provide an institution with the amounts to which the institution is entitled under Texas Education Code, chapters 130 and 130A, the General Appropriations Act, a supplemental appropriations act, or chapter 13 of this title (relating to Financial Planning).</content><note type="source"><p>Source Note: The provisions of this §13.626 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.627"><num value="13.627">§13.627</num><heading>Schedule and Composition of Payments Beginning Fiscal Year 2027</heading><content>(a) Non-Formula Support Items. For the purpose of distributing state appropriations to a public junior college in a fiscal year, the Coordinating Board shall distribute the full amount of all fiscal year non-formula support items appropriated to the institution tin accordance with the provisions of the General Appropriations Act in effect for the biennium by September 25 of the fiscal year, or on a date as required by the General Appropriations Act. The Coordinating Board shall recover any overallocation or adjust any installment required to comply with state law or Board rules.(b) Formula Funding Amounts: Fall. For the purpose of distributing state appropriations to a public junior college district in a fiscal year, the Coordinating Board shall distribute to each district by October 15 of the fiscal year:(1) Current Fiscal Year Foundation Payment: one-half of the foundation payment the Coordinating Board determines the district may be entitled to receive for the current fiscal year, consisting of base tier funding for the fiscal year and performance tier funding calculated using funding certified performance outcomes data from the fiscal year two years prior to the fiscal year and performance outcomes for the prior and current fiscal years forecasted pursuant to §13.624 of this subchapter (relating to Forecasting Fundable Outcomes).(2) Projected Prior-Year Settle Up: the Coordinating Board shall add the full amount, including if such amount is a negative number, of:(A) performance tier funding for the fiscal year prior to the current fiscal year calculated using:(i) fundable certified performance outcomes data from the fiscal years three and two years prior to the current fiscal year; and(ii) performance outcomes for the fiscal year prior to the current fiscal year forecasted pursuant to §13.624 of this subchapter; minus(B) the sum of performance tier funding payments made under the prior fiscal year foundation payments and dynamic adjustment.(3) Two-Years Prior Close Out: the Coordinating Board shall add the full amount, including if such amount is a negative number, of:(A) performance tier funding for the fiscal year two years prior to the current fiscal year calculated using fundable certified performance outcomes data from the fiscal years four, three, and two years prior to the current fiscal year; minus(B) the sum of performance tier funding payments made under the foundation payments, dynamic adjustment, projected settle-up adjustment, and settle-up adjustment for the fiscal year two years prior to the current fiscal year.(c) Formula Funding Amounts: Spring. For the purpose of distributing state appropriations to a public junior college district in a fiscal year, the Coordinating Board shall distribute to each district by February 15 of the fiscal year:(1) Foundation Payment: one-quarter of the foundation payment as described in subsection (b)(1) of this section.(2) Current Year Dynamic Adjustment: the full positive amount by which performance tier funding of the foundation payment for the current fiscal year as described in subsection (b)(1) of this section is less than a calculation of performance tier funding using:(A) fundable certified performance outcomes data from the fiscal year two years prior to the current year;(B) preliminary outcomes data from the prior fiscal year; and(C) performance outcomes for all other required data elements for the prior and current fiscal years forecasted pursuant to §13.624 of this subchapter.(3) Prior Year Settle Up: the full positive amount of the difference between:(A) performance tier funding for the prior fiscal year calculated using:(i) fundable certified performance outcomes data from the fiscal years three and two years prior to the current fiscal year;(ii) preliminary outcomes from the prior fiscal year; and(iii) performance outcomes for all other elements for the prior fiscal year forecasted pursuant to §13.624 of this subchapter; minus(B) the sum of performance tier funding payments made under the prior fiscal year foundation payments, dynamic adjustment, and projected settle-up.(d) Formula Funding Amounts: Summer. For the purpose of distributing state appropriations to a public junior college district in a fiscal year, the Coordinating Board shall distribute to each district by June 15 of even-numbered years and, in odd-numbered years, by a date as soon as is practicable after June 15 in accordance with the appropriations process one-quarter of the foundation payment as described in subsection (b)(1) of this section, which amount may be multiplied by a number less than one in odd-numbered years as necessary to prevent formula funding distributions to districts from exceeding state appropriations for such purpose, pursuant to the provisions of the General Appropriations Act, Texas Education Code, and all other pertinent statutes and rules.(e) The Commissioner of Higher Education may modify any installment under this schedule as necessary to provide an institution with the amounts to which the institution is entitled under Texas Education Code, chapters 130 and 130A, the General Appropriations Act, a supplemental appropriations act, or chapter 13 of this title (relating to Financial Planning).</content><note type="source"><p>Source Note: The provisions of this §13.627 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.628"><num value="13.628">§13.628</num><heading>Substantial Negative Impacts</heading><content>If the Commissioner of Higher Education in his or her sole discretion determines that a projected settle-up or close-out adjustment under this subchapter will have a substantial negative impact on the operations of the institution or the education of students, the Coordinating Board may correct the institution's funding by recovering payments as an overallocation pursuant to §13.528(d)(1) or (2) of this chapter (relating to Recovery of Overallocated Funds). For the purpose of formula funding provided directly during FY 2024, the Coordinating Board will not adjust formula funding for a public junior college for a fiscal year subsequent to close out except as set out in §13.625 of this subchapter (relating to Schedule and Composition of Payments for Fiscal Year 2025) and subchapter R of this chapter (relating to State Public Junior College Finance Program Reporting, Audit, and Overallocation).</content><note type="source"><p>Source Note: The provisions of this §13.628 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.629"><num value="13.629">§13.629</num><heading>Formula Transition Funding</heading><content>In FY 2025, for purposes of transitioning to the new formula model, if the sum of a public junior college's Base and Performance Tier funding as calculated in §13.554 and §13.555 of this subchapter (relating to Base Tier Allotment and Performance Tier Funding, respectively) would result in the district receiving less in General Revenue formula funding than the district received through the sum of appropriations made in the core operations strategy, student success strategy, contact hour funding strategy, and, if applicable, the need-based supplement and bachelor of applied technology strategies, as provided for FY 2023 in the 2022-23 General Appropriations Act, the Coordinating Board will add transitional funding in the amount of the difference to the district's formula funding for FY 2025. This rule expires on August 31, 2025.</content><note type="source"><p>Source Note: The provisions of this §13.629 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scU/s13.630"><num value="13.630">§13.630</num><heading>Limitations on Spending</heading><content>(a) Texas Education Code, §130.003(c), establishes that state funds provided under Texas Education Code, chapters 130 and 130A, may be used exclusively for the purpose of paying salaries of the instructional and administrative forces, purchase of supplies and materials for instructional purposes, and paying the cost of audits.(b) The General Appropriations Act limits funding for instructional and administrative forces as follows:(1) Formula funding, including base tier, performance tier, and formula transition funds, may be used for the following elements of cost: instruction, academic support, student services, institutional support, organized activities, and staff benefits associated with salaries paid from general revenue.(2) Non-formula support item funds may be expended for salaries, wages, travel, capital outlay and other necessary operating expenses, in addition to the elements of cost listed under subsection (b)(1) of this section.(3) Formula and non-formula support item funding may not be used for the operation of intercollegiate athletics.(c) The elements of cost in subsection (b) of this section are defined in the Coordinating Board's Budget Requirements and Annual Financial Reporting Requirements for Texas Public Community Colleges, also known as the AFR Manual, as published under §13.524 of this chapter (relating to Required Reporting).(d) Institutions may expend funds as otherwise permitted by statute.</content><note type="source"><p>Source Note: The provisions of this §13.630 adopted to be effective August 15, 2024, 49 TexReg 5978.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c13/scV"><num value="V">SUBCHAPTER V</num><heading>COMMUNITY COLLEGE FINANCE PROGRAM: BASE AND PERFORMANCE TIER METHODOLOGY FOR FISCAL YEAR 2026</heading><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.640"><num value="13.640">§13.640</num><heading>Purpose</heading><content>The purpose of this subchapter is to implement the Community College Finance Program authorized by Texas Education Code, Chapters 61, 130, and 130A.</content><note type="source"><p>Source Note: The provisions of this §13.640 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.641"><num value="13.641">§13.641</num><heading>Authority</heading><content>The Coordinating Board adopts this subchapter pursuant to Texas Education Code, §130A.005, requiring the Coordinating Board to adopt rules to implement the Community College Finance Program created in Texas Education Code, Chapters 61, 130, and 130A.</content><note type="source"><p>Source Note: The provisions of this §13.641 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.642"><num value="13.642">§13.642</num><heading>Applicability</heading><content>Unless otherwise provided, the Coordinating Board shall apply this subchapter to the calculation of base tier funding for fiscal year 2026 and to the calculation of performance tier fundable outcome counts achieved or forecasted to be achieved in fiscal year 2026 in all instances where the fundable performance outcome counts achieved or forecasted to be achieved in fiscal year 2026 are a direct input to funding calculations. This subchapter does not apply to the calculation of performance tier fundable outcome counts achieved in years prior to fiscal year 2026, even when such counts are a direct input to funding calculations for funding amounts disbursed in fiscal year 2026.</content><note type="source"><p>Source Note: The provisions of this §13.642 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.643"><num value="13.643">§13.643</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings:(1) Academically Disadvantaged--A designation that applies to postsecondary students who have not met the college-readiness standard in one or more Texas Success Initiative (TSI) assessments as provided by §4.57 of this title (relating to Texas Success Initiative Assessment College Readiness Standards), and who were not classified as either waived or exempt pursuant to §4.54 of this title (relating to Exemption).(2) Adult Learner--A student aged 25 or older on September 1 of the fiscal year for which the applicable data are reported, in accordance with Coordinating Board data reporting requirements.(3) Advanced Technical Certificate (ATC)--A certificate that has a specific associate or baccalaureate degree or junior level standing in a baccalaureate degree program as a prerequisite for admission. An ATC consists of at least 16 semester credit hours (SCH) and no more than 45 SCH and must be focused, clearly related to the prerequisite degree, and justifiable to meet industry or external agency requirements. (4) Associate Degree--An academic associate degree as defined under Texas Education Code, §61.003(11), or an applied associate degree as defined under Texas Education Code, §61.003(12)(B). (5) Baccalaureate Degree--A degree program that includes any grouping of subject matter courses consisting of at least 120 SCH which, when satisfactorily completed by a student, will entitle that student to an undergraduate degree from a public junior college.(6) Base Tier Funding--The amount of state and local funding determined by the Board for each public junior college that ensures the college has access to a defined level of funding for instruction and operations.(7) Base Year--The time period comprising the year of contact hours used for calculating the contact hour funding to public junior colleges. The Base Year for a funded fiscal year consists of the reported Summer I and II academic term from the fiscal year two years prior to the funded fiscal year; the Fall academic term one fiscal year prior to the funded fiscal year; and the Spring academic term one fiscal year prior to the funded fiscal year.(8) Basic Allotment--A calculation of the dollar value per Weighted FTSE, based on appropriations made in that biennium's General Appropriations Act pursuant to §13.644(c) of this subchapter (relating to Base Tier Allotment).(9) Census Date--The date upon which a college may report a student in attendance for the purposes of formula funding, as specified in the Coordinating Board Management (CBM) manual for the year in which the funding is reported.(10) Confer--An institution of higher education confers a credential when it determines that a student has met all requirements to earn the credential, as defined in paragraph (17) of this section, and updates the student's transcript to reflect completion of the credential program. Confer and award may be used synonymously.(11) Continuing Education Certificate--A credential awarded for completion of a program of instruction that meets or exceeds 360 contact hours and earns continuing education units. The certificate program is intended to prepare the student to qualify for employment; to qualify for employment advancement; or to bring the student's knowledge or skills up to date in a particular field or profession; and is listed in an institution's approved program inventory.(12) Credential of Value Baseline--A credential earned by a student that would be expected to provide a positive return on investment. Credential of Value Baseline methodology is described in §13.646 of this subchapter (relating to Performance Tier: Fundable Outcomes).(13) Credential of Value Premium Fundable Outcome--A fundable outcome earned by an institution for a credential earned by a student that would be expected to provide a wage premium. Credential of Value Premium methodology is described in §13.646 of this subchapter.(14) Credential Reporting--An institution of higher education reports a credential when it includes it in data submitted to the Coordinating Board pursuant to §13.524 of this chapter (relating to Required Reporting). An institution shall report a credential as having been conferred in the year or other applicable reporting period in which it was conferred pursuant to paragraph (10) of this section.(15) Credentialing Examination--A licensure or registration exam required by a state or national regulatory entity or a certification exam required by an authorized professional organization. An authorized professional organization is a national, industry-recognized organization that sets occupational proficiency standards, conducts examinations to determine candidate proficiency, and confers an industry-based certification.(16) Dual Credit or Dual Enrollment Fundable Outcome--An outcome achieved when a student earns at least 15 SCH or the equivalent of fundable dual credit or dual enrollment courses, defined as follows:(A) Courses that qualify as dual credit courses as defined in §4.83(10) of this title (relating to Definitions); and:(i) Apply toward an academic or career and technical education program requirement at the postsecondary level; or(ii) Are completed by a student who graduates with a Texas First Diploma, as codified in chapter 21, subchapter D of this title (relating to Texas First Early High School Completion Program). (B) All dual credit courses taken by a student enrolled in an approved Early College High School program, as provided by Texas Education Code, §28.009, or a student enrolled in the Windham School District, pursuant to Education Code, chapter 19, or a P-TECH program pursuant to Education Code, chapter 29, Subchapter N, except a physical education course taken by a high school student for high school physical education credit.(17) Earned--A student earns a credential when the student successfully completes the final semester credit hour or equivalent of a semester credit hour, as defined in paragraph (33) of this section, for the credential and has satisfied all other academic program requirements. (18) Economically Disadvantaged--A designation that applies to postsecondary students who received the federal Pell Grant under 20 U.S.C. §1070a.(19) Equivalent of a Semester Credit Hour--A unit of measurement for a continuing education course, determined as a ratio of one continuing education unit to 10 contact hours of instruction, which may be expressed as a decimal. One semester credit hour of instruction equals 1.6 continuing education units of instruction. In a continuing education course, not fewer than 16 contact hours are equivalent to one semester credit hour.(20) Formula Funding--The funding allocated by the Coordinating Board among all public junior colleges by applying provisions of the Texas Education Code, agency rule, and the General Appropriations Act to a sector-wide appropriation from the General Appropriations Act.(21) Full-Time Student Equivalent (FTSE)--A synthetic measure of enrollment based on the number of instructional hours delivered by an institution of higher education divided by the number of hours associated with full-time enrollment for the time period in question.(22) Fundable Credential--As defined in §13.646(b) of this subchapter.(23) Fundable Outcome Weights--A multiplier applied to eligible fundable outcomes to generate a Weighted Outcome Completion for use in determining the Performance Tier allocation. The methodology for each Fundable Outcome Weight is defined in §13.647 of this subchapter (relating to Performance Tier: Fundable Outcome Weights).(24) High-Demand Fields--A field in which an institution awards a credential that provides a graduate with specific skills and knowledge required for the graduate to be successful in a high-demand occupation, based on the list of high-demand fields as defined in subchapter T of this chapter (relating to Community College Finance Program: High-Demand Fields).(25) Individual Self-Sufficient Wage--The Coordinating Board calculates the Individual Self-Sufficient Wage for the purpose of this subchapter as the statewide median of county-level median self-sufficient wages as determined by the Texas Workforce Commission under Government Code, §2308A.012, rounded up to the nearest thousand dollars.(26) Institutional Credentials Leading to Licensure or Certification (ICLC)--A credential awarded by an institution upon a student's completion of a course or series of courses that represent the achievement of identifiable skill proficiency and leading to licensure or certification. This definition includes a credential that meets the definition of an Occupational Skills Award in all respects except that the program may provide training for an occupation that is not included in the Local Workforce Development Board's Target Occupations list.(27) Level 1 Certificate--A certificate designed to provide the necessary academic skills and the workforce skills, knowledge, and abilities necessary to attain entry-level employment or progression toward a Level 2 Certificate or an Applied Associate Degree, with at least 50% of course credits drawn from a single technical specialty. A Level 1 Certificate must be designed for a student to complete in one calendar year or less time and consists of at least 15 semester credit hours and no more than 42 semester credit hours.(28) Level 2 Certificate--A certificate consisting of at least 30 semester credit hours and no more than 51 semester credit hours. Students enrolled in Level 2 Certificates must demonstrate meeting college readiness standards set forth in §4.57 of this title and other eligibility requirements determined by the institution.(29) Local Share--The amount determined to be the institution's contribution of local funds to the Instruction and Operations (I&O) amount for each public junior college. The amount consists of estimated ad valorem maintenance and operations tax revenue and tuition and fees revenue, as determined by the Board.(30) Net Cost of Attendance--Expenses incurred by a student in attending a particular college, including tuition, fees, books and supplies, room and board, transportation, and other personal expenses, less the student's estimated merit- and need-based grant aid. (31) Non-Formula Support Item--An amount appropriated by line item in the General Appropriations Act to a single public junior college or limited group of colleges for a specific, named purpose.(32) Occupational Skills Award (OSA)--A sequence of courses that meet the minimum standard for program length specified by the Texas Workforce Commission for the federal Workforce Innovation and Opportunity Act (WIOA) program (9-14 SCH for credit courses or 144-359 contact hours for workforce continuing education courses). An OSA must possess the following characteristics:(A) The content of the credential must be recommended by an external workforce advisory committee, or the program must provide training for an occupation that is included on the Local Workforce Development Board's Target Occupations list;(B) In most cases, the credential should be composed of Workforce Education Course Manual (WECM) courses only. However, non-stratified academic courses may be used if recommended by the external committee and if appropriate for the content of the credential;(C) The credential complies with the Single Course Delivery guidelines for WECM courses; and(D) The credential prepares students for employment in accordance with guidelines established for the Workforce Innovation and Opportunity Act.(33) Opportunity High School Diploma Fundable Outcome--An alternative means by which adult students enrolled in a workforce program at a public junior college may earn a high school diploma at a college through concurrent enrollment in a competency-based program, as codified in Texas Education Code, chapter 130, subchapter O, and Texas Administrative Code, Title 19, Part 1, Chapter 12.(34) Semester Credit Hour (SCH)--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with Federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.(35) Structured Co-Enrollment Fundable Outcome--A student who earns at least 15 semester credit hours at the junior college district in a program structured through a binding written agreement between a general academic teaching institution and a community college submitted and certified to the Coordinating Board pursuant to §13.524 of this chapter (related to Required Reporting). Under such a program, students will be admitted to both institutions and recognized as having matriculated to both institutions concurrently. The Structured Co-enrollment Fundable Outcome does not include courses fundable under the Dual Credit or Dual Enrollment Fundable Outcome.(36) Third-Party Credential--A certificate as defined in Texas Education Code, §61.003(12)(C), that is conferred by a third-party provider. The third-party provider of the certificate develops the instructional program content, develops assessments to evaluate student mastery of the instructional content, and confers the third-party credential. A third-party credential that meets the requirements of §13.646 of this subchapter is fundable in accordance with that section.(37) Transfer Fundable Outcome--An institution earns a fundable outcome in the Performance Tier under §13.645 of this subchapter (relating to Performance Tier Funding) when a student enrolls in a general academic teaching institution or a private or independent institution of higher education, as defined in Texas Education Code, §61.003, after earning at least 15 semester credit hours from a single public junior college district as established under §13.646(e) of this subchapter. For the purpose of this definition, semester credit hours (SCH) shall refer to semester credit hours or the equivalent of semester credit hours.(38) Weighted Full-Time Student Equivalent (Weighted FTSE or WFTSE)--A synthetic measure of enrollment equal to the number of instructional hours delivered by an institution of higher education divided by the number of hours associated with full-time enrollment for the fiscal year two years prior to the one for which formula funding is being calculated, where the hours delivered to students with certain characteristics carry a value other than one.(39) Weighted Outcomes Completion--A synthetic count of completions of designated student success outcomes where outcomes achieved by students with certain characteristics carry a value other than one. The synthetic count may also represent a calculation, such as an average or maximizing function, other than a simple sum.</content><note type="source"><p>Source Note: The provisions of this §13.643 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.644"><num value="13.644">§13.644</num><heading>Base Tier Allotment</heading><content>(a) Coordinating Board staff will calculate Base Tier funding for each public junior college district (district) as the greater of the Instruction and Operations (I&O) amount minus Local Share and zero.(b) A district's I&O amount is the sum of the number of Weighted Full-Time Student Equivalents (Weighted FTSE) enrolled at the district multiplied by the Basic Allotment amount calculated by the Commissioner of Higher Education as provided in subsection (c) of this section and the district's total Contact Hour Funding as determined by the Coordinating Board.(1) Weighted FTSE for each district is the sum of the district's full-time student equivalents weighted for the student characteristics under subparagraph (B) of this paragraph and the scale adjustment as provided in Texas Education Code, §130A.054.(A) For purposes of determining annual Weighted FTSE as a component of formula funding for the fiscal year under this section, a district's full-time student equivalents (FTSE) is equal to the sum of:(i) the total semester credit hours in which for-credit students were enrolled at the district as of the census dates of all academic semesters or other academic terms that were reported for the fiscal year two years prior, divided by 30; and(ii) the total contact hours in which continuing education students were enrolled at the district as of the census dates of all academic semesters or other academic terms that were reported for the fiscal year two years prior, divided by 900.(B) The Coordinating Board shall apply a weight to the calculation of Weighted FTSE as follows:(i) if a student is classified as economically disadvantaged during the fiscal year two years prior, FTSE generated by that student shall have an additional value of 25%;(ii) if a student is classified as academically disadvantaged during the fiscal year two years prior, FTSE generated by that student shall have an additional value of 25%; and(iii) if a student is classified as an adult learner on September 1 of the fiscal year two years prior, FTSE generated by that student shall have an additional value of 50%.(C) The Coordinating Board calculates a district's scale adjustment weight as the greater of the difference between 5,000 and the number of FTSE as defined in subparagraph (A) of this paragraph multiplied by .40, and zero.(2) For the purpose of calculating formula funding amounts for the fiscal year, Coordinating Board staff will calculate Contact Hour Funding for a public junior college district by first multiplying the number of reported certified fundable contact hours generated by the district in each discipline during the Base Year of the fiscal year by the average cost of delivery per contact hour for each discipline respectively as described in the Report of Fundable Operating Expenses in accordance with §13.524(c) of this chapter (relating to Required Reporting) and summing across all disciplines. Contact hours attributable to students enrolled in a junior-level or senior-level course are weighed in the same manner as a lower division course in a corresponding field. That sum will then be multiplied by a rate calculated by the Commissioner of Higher Education as provided in subsection (c) of this section in accordance with the General Appropriations Act to calculate the district's Contact Hour Funding.(c) The Commissioner shall calculate the Basic Allotment and the rate to be used for calculating districts' Contact Hour Funding such that:(1) Contact Hour Funding is equivalent to Basic Allotment Funding for the fiscal year; and(2) The sum of base tier funding to all districts for the fiscal year equals one-nineteenth of the sum of performance tier foundation payments calculated using funding certified data as described in subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy) by June 1 prior to the fiscal year.(3) The Commissioner may modify the base tier funding on a pro rata basis in accordance with this subsection to account for any changes to performance tier totals arising from any amendments to rule adopted by the Board between June 1 and the beginning of the fiscal year.(d) For the purpose of calculating formula funding amounts for the fiscal year, the Local Share for each public junior college district equals the sum of:(1) the estimated amount of revenue that would have been generated by the district if it had assessed a $0.05 maintenance and operations ad valorem tax on each $100 of taxable property value in its taxing district, as reported under §13.524 of this chapter, which the Coordinating Board will calculate as the district's current tax collection for fiscal year two years prior multiplied by the ratio of the maintenance and operations tax rate to the total tax rate, divided by the product of the maintenance and operations tax rate and 100 and multiplied by five; and(2) the amount of tuition and fee revenue calculated as the sum of:(A) the district's FTSE two fiscal years prior as defined in subsection (b)(1)(A) of this section, except for semester credit hours derived from students enrolled in dual credit or dual enrollment courses, multiplied by a rate calculated by the Commissioner of Higher Education, which is the enrollment-weighted statewide average of tuition and fees charges to full-time equivalent students residing within the district of the public junior college they attend, as reported by the public junior colleges in the Integrated Fiscal Reporting System for the fiscal year two fiscal years prior; and(B) the total semester credit hours of dual credit courses in which students were enrolled as of the census dates of all academic semesters or other academic terms that were reported in the fiscal year two years prior, multiplied by the Financial Aid for Swift Transfer (FAST) tuition rate as codified in §13.504 of this chapter (relating to Financial Aid for Swift Transfer (FAST) Tuition Rate) in the fiscal year two years prior.</content><note type="source"><p>Source Note: The provisions of this §13.644 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.645"><num value="13.645">§13.645</num><heading>Performance Tier Funding</heading><content>(a) Each public junior college district shall receive Performance Tier funding under Texas Education Code, chapter 130A, subchapter C. A district increases its Performance Tier funding amount by producing Fundable Outcomes, with Fundable Outcomes achieved in certain categories eligible for an additional multiplier (Fundable Outcome Weights), as calculated by the Coordinating Board, in accordance with this subchapter, and subject to the limitations in §13.646(h) (relating to Performance Tier: Fundable Outcomes). A Fundable Outcome multiplied by the Fundable Outcome Weight constitutes a Weighted Outcome Completion. A district's Performance Tier funding amount equals the total of each Weighted Outcome Completion multiplied by the funding rates for that completion, as identified in §13.649 of this subchapter (relating to Performance Tier: Rates). Funding rates include an additional weight for fundable credentials delivered in a high-demand field.(b) Fundable Outcomes. Section 13.646 of this subchapter (relating to Performance Tier: Fundable Outcomes) defines each Fundable Outcome type, including the methodology used to calculate each outcome.(c) Fundable Outcome Weight. Section 13.647 of this subchapter (relating to Performance Tier: Fundable Outcome Weights) and subchapter T of this chapter (relating to Community College Finance Program: High-Demand Fields) define each Fundable Outcome Weight type, including the methodology used to calculate each outcome. Fundable Outcome Weights consist of the following categories:(1) Fundable Outcomes achieved by economically disadvantaged students;(2) Fundable Outcomes achieved by academically disadvantaged students; and(3) Fundable Outcomes achieved by adult learners.(d) For the purposes of calculating Weighted Outcome Completions for formula funding amounts for a fiscal year, the Coordinating Board shall calculate the funded number of Weighted Outcome Completions as the greater of the average of the district's Weighted Outcome Completion counts for the fiscal year being funded and two fiscal years prior, as calculated by subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy), and the count for the fiscal year being funded, as calculated according to subchapter U.(e) Fundable Outcome Rates. Section 13.648 of this subchapter (relating to Performance Tier: High-Demand Fields) and §13.649 of this subchapter defines fundable outcomes awarded in a high-demand field and the rates for each fundable outcome, including the higher rate for fundable credentials awarded in a high demand field.</content><note type="source"><p>Source Note: The provisions of this §13.645 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.646"><num value="13.646">§13.646</num><heading>Performance Tier: Fundable Outcomes</heading><content>(a) This section contains definitions of Fundable Outcomes eligible for receiving funding through the Performance Tier. An institution's Performance Tier funding will consist of the count of Fundable Outcomes, multiplied by weights identified in §13.647 of this subchapter (relating to Performance Tier: Fundable Outcome Weights) as applicable, multiplied by the monetary rates identified in this subchapter. Only the Fundable Outcomes identified under paragraphs (1), (4), and (5) of this subsection are eligible to qualify for a Fundable Outcome Weight category identified in §13.647(a)(1) - (3), of this subchapter; all other Fundable Outcomes receive a weight of one under §13.647, of this subchapter; all other Fundable Outcomes receive a weight of one under §13.647 of this subchapter. A credential's eligibility for funding as a fundable credential is subject to the limitations set out in subsection (h) of this section. Fundable Outcomes consist of the following categories:(1) Fundable Credentials;(2) Credential of Value Premium;(3) Dual Credit Fundable Outcomes;(4) Transfer Fundable Outcomes;(5) Structured Co-Enrollment Fundable Outcomes; and(6) Opportunity High School Diploma Fundable Outcomes.(b) Fundable Credentials. (1) A fundable credential is defined as any of the following:(A) Any of the following credentials awarded by an institution that meets the criteria of a credential of value as defined in paragraph (2) or paragraph (3) of this subsection using the most recent data available prior to the year in which the credential that is otherwise eligible for funding is conferred and that the institution reported and certified to the Coordinating Board:(i) An associate degree;(ii) A baccalaureate degree;(iii) A Level 1 or Level 2 Certificate;(iv) An Advanced Technical Certificate; and(v) A Continuing Education Certificate.(B) An Occupational Skills Award awarded by an institution that the institution reported and certified to the Coordinating Board;(C) An Institutional Credential Leading to Licensure or Certification (ICLC) not reported pursuant to subparagraph (B) of this paragraph and that the institution reported and certified to the Coordinating Board. The credential shall meet one of the following criteria: (i) The credential includes no fewer than 144 contact hours or nine (9) semester credit hours; or(ii) The credential is awarded in a high demand field, as defined in Coordinating Board rule, and includes no fewer than 80 contact hours or five (5) semester credit hours; or(D) A Third-Party Credential that meets the following requirements:(i) The third-party credential is listed in the American Council on Education's ACE National Guide with recommended semester credit hours;(ii) The third-party credential program content is either embedded in a course, embedded in a program, or is a stand-alone program;(iii) The third-party credential is conferred for successful completion of the third-party instructional program in which a student is enrolled;(iv) The third-party credential is included on the workforce education, continuing education, or academic transcript from the college; and(I) The third-party credential includes no fewer than the equivalent of nine (9) semester credit hours or 144 contact hours; or(II) The third-party credential is awarded in a high-demand field as defined in Coordinating Board rule, and includes no fewer than the equivalent of five (5) semester credit hours or 80 contact hours; and(2) Credential of Value Baseline - Associate Degree. A credential identified in paragraph (1)(A)(i) of this subsection must meet the Credential of Value Baseline criteria as provided by this paragraph to be eligible as a Fundable Outcome, except when that credential is conferred under the fields appearing in Figure 1, according to the Classification of Instructional Programs promulgated by the U.S. Department of Education. When a credential identified in paragraph (1)(A)(i) of this subsection is conferred under fields appearing in Figure 1, it must meet the Credential of Value Baseline criteria as provided by paragraph (3) of this subsection to be eligible as a Fundable Outcome. Excluding the credentials identified in Figure 1, the baseline is met when a credential earned by a student would be expected to provide a positive return on investment and an individual self-sufficient wage within a period of five years.Attached Graphic(A) A program demonstrates a positive return on investment when the majority of students statewide completing the credential, within a program area, are expected to accrue earnings greater than the cumulative median earnings of Texas high school graduates who do not hold additional credentials, plus recouping the net cost of attendance within five years after earning the credential.(B) This calculation of return on investment shall include students' opportunity cost, calculated as the difference between median earnings for Texas high school graduates and estimated median earnings for students while enrolled for a period of two years.(C) The Coordinating Board shall calculate the expected return on investment for each program based on the most current data available to the agency for the funding year for each program or a comparable program.(D) The Coordinating Board shall determine whether a credential is expected to provide an individual self-sufficient wage within a period of five years by comparing the median real wage, as adjusted based on the Consumer Price Index calculated by the U.S. Bureau of Labor Statistics, earned by all recipients of the credential in their fifth year after receiving the credential according to all available data to the individual self-sufficient wage defined in accordance with §13.643(25) of this subchapter (relating to Definitions).(E) In applying the methodology under this section to a program offering a credential in an emerging or essential high-demand field pursuant to §13.595(a) and (b) of this chapter (relating to Emerging and Essential Fields), the Coordinating Board may utilize other recent, relevant data, including:(i) employer certifications provided under §13.595(b); (ii) information on program design, including at minimum the cost and length of the program; and(iii) any other information necessary for the Coordinating Bard to apply the methodology under this section to the program proposed in an emerging or essential high-demand field.(3) Credential of Value Baseline - Other Credentials. A credential identified in paragraph (1)(A)(ii), (1)(A)(iii), (1)(A)(iv), or (1)(A)(v) of this subsection and not subject to paragraph (2) of this subsection must meet the Credential of Value Baseline criteria as provided by this paragraph for eligibility as a Fundable Outcome. This baseline is met when a credential earned by a student would be expected to provide a positive return on investment within a period of ten years.(A) A program demonstrates a positive return on investment when the majority of students statewide completing the credential, within a program area, are expected to accrue earnings greater than the cumulative median earnings of Texas high school graduates who do not hold additional credentials, plus recouping the net cost of attendance within ten years after earning the credential.(B) This calculation of return on investment shall include students' opportunity cost, calculated as the difference between median earnings for Texas high school graduates and estimated median earnings for students while enrolled:(i) Four years for baccalaureate degree holders;(ii) Two years for associate degree holders; or(iii) One year for holders of a Level 1 certificate, Level 2 certificate, Advanced Technical Certificate, or Continuing Education Certificate.(C) The Coordinating Board shall calculate the expected return on investment for each program based on the most current data available to the agency for the funding year for each program or a comparable program.(D) In applying the methodology under this section to a program offering a credential in an emerging or essential high-demand field pursuant to §13.595(a) and (b) of this chapter (relating to Emerging and Essential Fields), the Coordinating Board may utilize recent, relevant data, including:(i) employer certifications provided under §13.595(b); (ii) information on program design, including at minimum the cost and length of the program; and(iii) any other information necessary for the Coordinating Board to apply the methodology under this section to the program proposed in an emerging or essential high-demand field.(4) Notwithstanding subsection (h) of this section, the following limitations apply to a fundable credential:(A) For a credential under paragraph (1)(B) or (C) of this subsection, if more than one credential that the institution awarded to a student includes the same contact hours, the institution may only submit one credential for funding;(B) If an institution awarded to a student a credential eligible for funding under paragraph (1)(B) and (C) of this subsection and those credentials share the same contact hours, the institution shall submit for funding only the credential awarded under paragraph (1)(B) of this subsection; and(C) A fundable credential excludes a degree or certificate awarded to a non-resident student enrolled in a 100-percent online degree or certificate program as defined in §2.202(4)(A) of this title (relating to Definitions) for a student who resides out-of-state.(c) Credential of Value Premium. An institution earns a Credential of Value Premium for each student who completes a Fundable Credential under subsection (b)(1)(A) of this section as follows:(1) The student completes the credential of value on or before the target year for completion that, for the majority of students who complete comparable programs, would enable the student to achieve a positive return on investment within the timeframe specified for the program as described in paragraph (2) of this subsection.(2) For each program, the Coordinating Board shall calculate the year in which the majority of comparable programs would be projected to have the majority of their students achieve a positive return on investment.(3) Each year, the Coordinating Board shall publish a list of the target years for completion for each program.(d) Dual Credit Fundable Outcome. An institution achieves a Dual Credit Fundable Outcome when a student has earned a minimum number of eligible dual credit semester credit hours, as defined in §13.643(16) of this subchapter (relating to Definitions).(e) Transfer Fundable Outcome.(1) An institution earns a transfer fundable outcome when a student enrolls in a general academic teaching institution (GAI), as defined in Texas Education Code, §61.003(3), or a private or independent institution of higher education as defined in Texas Education Code, §61.003(15) after earning at least 15 semester credit hours or semester credit hour equivalents (SCH) from a single public junior college district, subject to the following:(A) The student is enrolled at a GAI or private or independent institution for the first time in the fiscal year for which the public junior college is eligible for a performance tier allocation, as established in this subchapter;(B) No institution, including the institution that may be awarded a transfer fundable outcome, has achieved a structured co-enrollment fundable outcome or would otherwise achieve a structured co-enrollment fundable outcome in the same year on the basis of the student's participation in a structured co-enrollment program under subsection (f) of this section;(C) The student earned a minimum of 15 SCHs from the public junior community college district seeking the transfer fundable outcome during the period including the fiscal year in which they enroll at the GAI and the four fiscal years prior; and(D) The attainment of the 15 SCHs satisfies the following restrictions:(i) The transfer fundable outcome shall exclude the 15 SCHs that previously counted toward attainment of a dual credit fundable outcome for the student under subsection (d) of this section.(ii) The transfer fundable outcome may include any SCHs earned by the student not previously counted toward a dual credit fundable outcome under subsection (d) of this section.(2) Only one institution may earn a transfer fundable outcome for any individual student, except as provided by subparagraph (C) of this paragraph. An institution may earn the transfer fundable outcome only once per student. The Coordinating Board shall award the transfer fundable outcome in accordance with this subsection.(A) If a student has earned 15 SCH at more than one institution prior to transfer to any GAI, the Coordinating Board shall award the transfer fundable outcome to the last public junior college at which the student earned the 15 SCH eligible for funding under this section.(B) If the student earned the 15 SCH at more than one institution during the same academic term, the Coordinating Board shall award the transfer fundable outcome to the public junior college:(i) from which the student earned the greater number of the SCH that count toward the transfer fundable outcome during the academic term in which they earned the 15 SCH; or(ii) if the student earned an equal number of SCH that count toward the transfer fundable outcome in the academic term in which the student earned the 15 SCH, to the institution from which the student earned a greater number of SCH that count toward the transfer fundable outcome in total.(C) If a student has met the SCH requirements of subparagraph (B)(i) and (ii) of this paragraph at more than one public junior college, each public junior college may receive a transfer fundable outcome.(f) Structured Co-Enrollment Fundable Outcome. An institution achieves a Structured Co-Enrollment Fundable Outcome when a student has earned a minimum number of eligible semester credit hours in a structured co-enrollment program that has been submitted and certified to the Coordinating Board as defined in §13.643(35) of this subchapter, and no institution, including the institution that may be awarded a structured co-enrollment fundable outcome, has been funded for transfer fundable outcome on the basis of the student's enrollment in a GAI under subsection (e) of this section.(g) Opportunity High School Diploma Fundable Outcome. An institution achieves an Opportunity High School Diploma Fundable Outcome when a student has completed the program and attained the credential, as defined in §13.643(33) of this subchapter. A student must earn the Opportunity High School Diploma on or after September 1, 2024, to qualify as a Fundable Outcome.(h) Fundable Outcome Parameters. The Commissioner of Higher Education retains sole discretion for determining compliance with the requirements of this subsection. An institution shall only be funded for credentials reported in compliance with this section.(1) For a credential conferred in fiscal year 2026 to be eligible for funding, an institution must have conferred the credential in and reported the credential for fiscal year 2026, and the recipient must have earned the credential no earlier than June 1, 2025.(A) An associate degree that the institution conferred in and reported for fiscal year 2026 shall also be eligible for funding if the student earned the last semester credit hour of the associate degree through the successful completion of coursework at an institution other than the institution conferring and reporting the credential no earlier than May 1, 2025.(B) A credential earned prior to September 1, 2025, but reported for fiscal year 2026 and satisfying all other requirements of this paragraph must be conferred no later than December 31, 2025, to be eligible for funding.(2) The coordinating board shall fund the following credentials, provided they meet all other criteria of fundable credentials of value:(A) An Occupational Skills Award, an Institutional Credential Leading to Licensure or Certification, or Third-Party credential; (B) Level I Certificate or Continuing Education Certificate; (C) Level II Certificate;(D) an associate degree; (E) an advanced technical certificate; and(F) a baccalaureate degree.(3) An institution may not receive funding for more than one credential of each type listed in subsections (h)(2)(A)- (F), where each Subparagraph corresponds to a type, conferred to an individual student in a single reporting year. (4) Subject to the limitations specified in this subsection, if an institution reports having conferred more than one credential of any single type listed in paragraph (2)(A) - (F) of this subsection to an individual student in a single reporting year and conferred at least one such credential in a discipline designated as a high-demand field for that institution, as described in subchapter T of this chapter (relating to Community College Finance Program: High-Demand Fields), the coordinating board shall fund a credential in the high-demand field.</content><note type="source"><p>Source Note: The provisions of this §13.646 adopted to be effective September 1, 2025, 50 TexReg 5458; amended to be effective February 12, 2026, 51 TexReg 725.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.647"><num value="13.647">§13.647</num><heading>Performance Tier: Fundable Outcome Weights</heading><content>(a) This section contains definitions of Fundable Outcome Weights that are applied to the Fundable Outcomes specified in §13.646 of this subchapter (relating to Performance Tier: Fundable Outcomes) to generate a Weighted Outcome Completion. A Fundable Outcome that does not qualify for one of the following Fundable Outcome Weight categories receives a weight of 1. The Coordinating Board will apply the following weights to Fundable Outcomes to the extent permitted by data availability. Fundable Outcome Weights consist of the following categories:(1) Outcomes achieved by economically disadvantaged students;(2) Outcomes achieved by academically disadvantaged students; and(3) Outcomes achieved by adult learners.(b) Economically Disadvantaged Students.(1) An institution will receive an additional weight of 25% for fundable credentials, transfer fundable outcomes, and structured co-enrollment fundable outcomes as referenced in §13.646 of this subchapter achieved by an economically disadvantaged student, as defined in §13.643(18) of this subchapter (relating to Definitions).(2) For purposes of calculating economically disadvantaged for the Transfer Fundable Outcome and Fundable Credentials, the student must be classified as economically disadvantaged at any point during the fiscal year in which the outcome was achieved or the four fiscal years prior at the institution in which the outcome was achieved.(3) For purposes of calculating economically disadvantaged for Structured Co-Enrollment Fundable Outcome, the student must be classified as economically disadvantaged in the initial semester of enrollment in the Structured Co-Enrollment Program at either the community college or general academic institution.(c) Academically Disadvantaged Students.(1) An institution will receive an additional weight of 25% for any fundable credentials, transfer fundable outcomes, and structured co-enrollment fundable outcomes, as referenced in §13.646 of this subchapter achieved by an academically disadvantaged student, as defined in §13.643(1) of this subchapter.(2) For purposes of calculating academically disadvantaged for Transfer Fundable Outcome and Fundable Credentials, the student must be classified as academically disadvantaged at any point during the fiscal year in which the outcome was achieved or the four fiscal years prior at the institution in which the outcome was achieved.(3) For purposes of calculating academically disadvantaged for Structured Co-Enrollment Fundable Outcome, the student must be classified as academically disadvantaged in the initial semester of enrollment in the Structured Co-Enrollment Program at the institution in which the outcome was achieved.(d) Adult Learners.(1) An institution will receive an additional weight of 50% for a fundable credential, transfer fundable outcomes, and structured co-enrollment fundable outcomes as referenced in §13.646 of this subchapter achieved by an adult learner, as defined in §13.643(2) of this subchapter.(2) For purposes of calculating an Adult Learner for a transfer fundable outcome, the Coordinating Board shall calculate age in accordance with this subsection.(A) The student shall be 25 years of age or older in the earliest fiscal year in which they were enrolled at the public junior college during the current fiscal year or the two fiscal years prior to first enrollment in a general academic institution; or(B) If the student was not enrolled at the public junior college during the current fiscal year or the two fiscal years prior to the first enrollment in a general academic institution, the student must be 25 years of age of older in the earliest fiscal year of enrollment at the public junior college during the prior four fiscal years.(3) For purposes of calculating an Adult Learner for a fundable credential, the student's eligibility will be determined as follows:(A) For a student who completes an Occupational Skills Award, Institutional Credential leading to Licensure or Certification, Third Party Credential, Level I Certificate, Level II Certificate, Continuing Education Certificate, or Advanced Technical Certificate, as defined in §13.646(b) of this subchapter, 25 years of age or older on September 1 of the fiscal year in which the student earned the credential;(B) For a student who completes an associate degree as defined in §13.646(b) of this subchapter, 25 years of age or older on September 1 of the earliest fiscal year in which the student was enrolled during the period including the year in which the student earned the credential and the prior fiscal year; and(C) For a student who completes a bachelor's degree as defined in §13.646(b) of this subchapter, 25 years of age or older on September 1 of the earliest fiscal year in which the student was enrolled during the period including the year in which the student earned the credential and the three fiscal years prior.(4) For purposes of calculating an Adult Learner for Structured Co-Enrollment Fundable Outcome, the student must be classified as an Adult Learner in the initial semester of enrollment in the Structured Co-Enrollment Program at the institution in which the outcome was achieved.(e) Applicability of Weights. For purposes of transitioning to the new formula model, an institution will receive fundable outcome weights for Occupational Skills Awards, Institutional Credentials Leading to Licensure or Certification, and Third-Party Credentials achieved by economically disadvantaged students, academically disadvantaged students, or adult learners beginning with these awards reported in Fiscal Year 2025.</content><note type="source"><p>Source Note: The provisions of this §13.647 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.648"><num value="13.648">§13.648</num><heading>Performance Tier: High-Demand Fields</heading><content>An institution will receive an additional weight, as calculated by an increased funding rate for awarding a Fundable Credential described in §13.646 of this subchapter (relating to Performance Tier: Fundable Outcomes) for credentials delivered in disciplines designated as a High-Demand Field for that institution, as described in subchapter T of this chapter (relating to Community College Finance Program: High-Demand Fields).</content><note type="source"><p>Source Note: The provisions of this §13.648 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.649"><num value="13.649">§13.649</num><heading>Performance Tier: Rates</heading><content>An institution receives the rate in Figure 19 TAC §13.649 for each fundable outcome, weighted according to the application provisions of §13.556 and §13.557 of this subchapter (relating to Performance Tier: Fundable Outcomes and Performance Tier: Fundable Outcome Weights, respectively).Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §13.649 adopted to be effective September 1, 2025, 50 TexReg 5458; amended to be effective February 12, 2026, 51 TexReg 725.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.650"><num value="13.650">§13.650</num><heading>Shared Services Report</heading><content>(a) This rule applies to each public junior college district of fewer than 5,000 full-time equivalent students which receives a scale adjustment under §13.644(b)(1)(C) of this subchapter (relating to Base Tier Allotment).(b) Public junior colleges subject to this rule must submit a report on their participation in shared services to the Coordinating Board by November 1st of each even numbered year.(c) The report will include information for each fiscal year in the previous two fiscal years in which a college received a scale adjustment.</content><note type="source"><p>Source Note: The provisions of this §13.650 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c13/scV/s13.651"><num value="13.651">§13.651</num><heading>Effective Date of Rules</heading><content>This subchapter takes effect September 1, 2025, and is effective only for the calculation of fiscal year 2026 funding amounts and the calculation of fiscal year 2026 funding adjustments pursuant to subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy).</content><note type="source"><p>Source Note: The provisions of this §13.651 adopted to be effective September 1, 2025, 50 TexReg 5458.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c15"><num value="15">CHAPTER 15</num><heading>RESEARCH FUNDS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c15/scB"><num value="B">SUBCHAPTER B</num><heading>TEXAS UNIVERSITY FUND</heading><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.20"><num value="15.20">§15.20</num><heading>Authority and Purpose</heading><content>(a) This subchapter establishes rules for eligible institutions to receive funds through the Texas University Fund and the allocation of funds distributed from the Texas University Fund each state fiscal year. The Texas University Fund is established to support general academic teaching institutions to achieve national prominence as major research universities and drive the state economy.(b) The Board adopts subchapter B pursuant to Texas Education Code, §62.152, requiring the Board to adopt rules to implement Texas Education Code, Chapter 62, subchapter G, Texas University Fund. Texas Education Code, §62.132, provides that the Board specify the eligibility threshold of research expenditures for receipt of the National Research Support Fund.</content><note type="source"><p>Source Note: The provisions of this §15.20 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.21"><num value="15.21">§15.21</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Available University Fund (AUF)--A fund established in Article 7, §18, of the Texas Constitution to receive all interest and earnings of the Permanent University Fund (PUF) and used to pay the debt service on PUF-backed bonds.(2) Board--The governing body of the Texas Higher Education Coordinating Board.(3) Commissioner--The Texas Commissioner of Higher Education.(4) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(5) Coordinating Board Staff or Board Staff--Agency staff acting under the direction of the Board and the Commissioner.(6) Federal Expenditures--Expenditures of funds reported as Federal Expenditures, as defined in §13.302 of this title (relating to Definitions). Amounts exclude R&D expenditures that do not meet the narrow definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey.(7) General Academic Teaching Institution--Any college, university, or institution so classified in Texas Education Code, §61.003(3).(8) Medical and Dental Unit--Any public health related institution as defined in Texas Education Code, §61.003(5).(9) Other Agency of Higher Education--Any agency of higher education as defined in Texas Education Code, §61.003(6).(10) Private Expenditures--Expenditures of funds reported as Business Expenditures, Non-profit Organization Expenditures, and All Other Expenditures as defined in §13.302 of this title. Amounts exclude R&D expenditures that do not meet the narrow definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey.(11) Research Expenditure Survey--Instrument administered by the Coordinating Board that establishes total R&D expenditures for each institution by research field and areas of special interest, both accounted by funding source, as defined in §13.302 of this title.(12) Texas University Fund (TUF)-Eligible Institution--An institution listed in Texas Education Code, §62.145(a), or an institution that becomes eligible by meeting the requirements listed in Texas Education Code, §62.145(b).</content><note type="source"><p>Source Note: The provisions of this §15.21 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.22"><num value="15.22">§15.22</num><heading>Eligible Institutions</heading><content>(a) The following general academic teaching institutions are eligible to receive distributions from the Texas University Fund in a state fiscal year:(1) Texas State University;(2) Texas Tech University;(3) University of Houston; and(4) University of North Texas.(b) A general academic teaching institution not listed above may become a TUF-eligible institution in a state fiscal year if it meets the statutory requirements.</content><note type="source"><p>Source Note: The provisions of this §15.22 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.23"><num value="15.23">§15.23</num><heading>Eligibility to Receive a Distribution from the Texas University Fund</heading><content>(a) General academic teaching institutions may become a TUF-eligible institution in a state fiscal year if, based on most recently available data, the institution:(1) Is not entitled to participate in funding through the Available University Fund;(2) Expends an average of $20.0 million in combined Federal Expenditures and Private Expenditures during the prior three fiscal years, adjusted in accordance with subsection (b);(3) Awards an average of at least 45 research doctoral degrees, as determined by §15.26 of this subchapter (relating to Research Performance Funding), per academic year during the prior three fiscal years; and(4) The legislature provides an appropriation to the Texas University Fund, as defined in §15.27 of this subchapter (relating to Percentage Share for Legislative Appropriation).(b) For the purpose of calculating the combined Federal Expenditures and Private Expenditures threshold amount in subsection (a)(2), beginning in state fiscal year 2025, and in each subsequent fiscal year, the Coordinating Board shall adjust the research expenditure threshold by any increase in the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Department of Labor during the preceding state fiscal year.(c) The Coordinating Board staff shall annually publish the threshold of combined Federal Expenditures and Private Expenditures for TUF eligibility.(d) Once an institution meets the criteria in subsection (a), an institution remains eligible to receive a distribution in each subsequent fiscal year.</content><note type="source"><p>Source Note: The provisions of this §15.23 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.24"><num value="15.24">§15.24</num><heading>Allocation of Distributions</heading><content>In a state fiscal year, the allocation of funds distributed from the Texas University Fund shall be as follows:(1) Seventy-five (75) percent to the Permanent Endowment for Education and Research Base Funding; and(2) Twenty-five (25) percent to Research Performance Funding.</content><note type="source"><p>Source Note: The provisions of this §15.24 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.25"><num value="15.25">§15.25</num><heading>Permanent Endowment for Education and Research Base Funding</heading><content>(a) In a state fiscal year, the Coordinating Board shall confer with the Legislative Budget Board to determine Permanent Endowment for Education and Research Base Funding for TUF-eligible institutions based on the following categories:(1) Level 1 Base Funding for TUF-eligible institutions that are eligible to receive the maximum allocation of base funding as calculated in subsection (b); and(2) Level 2 Base Funding for TUF-eligible institutions that are not eligible to receive the maximum allocation of base funding.(b) A TUF-eligible institution shall receive Level 1 Base funding if it meets the following criteria:(1) The institution expended at least $45.0 million in combined Federal Expenditures and Private Expenditures in fiscal years 2021 and 2022; or(2) The institution expends at least $45.0 million in combined Federal Expenditures and Private Expenditures, adjusted in accordance with subsection (c), per state fiscal year during the prior two fiscal years and the legislature provides an appropriation to the Texas University Fund, as defined in §15.27 of this subchapter (relating to Percentage Share for Legislative Appropriation).(c) For the purpose of calculating the threshold of research funding under subsection (b), beginning in state fiscal year 2025, and in each subsequent fiscal year, the qualifying amount of combined Federal Expenditures and Private Expenditures will be adjusted by any increase in the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Department of Labor during the preceding state fiscal year.(d) Coordinating Board staff shall annually publish the threshold of combined Federal Expenditures and Private Expenditures required for an allocation of funding under subsection (b)(2).(e) Once an institution meets the criteria in subsection (b), an institution remains eligible to receive Level 1 Base Funding in each subsequent state fiscal year. All other TUF eligible institutions shall receive Level 2 Base Funding in each state fiscal year.(f) TUF-eligible institutions that are eligible for Level 1 Base funding shall receive the following share of the Permanent Endowment for Education and Research Base Funding. Two divided by the sum of:(1) the number of TUF-eligible institutions eligible for Level 1 funding multiplied by two; and(2) the number of TUF-eligible institutions that are not eligible to receive Level 1 funding.(g) Level 2 Base Funding shall be half the share of Level 1 Base Funding.(h) The percentage share for Level 1 and Level 2 Base Funding is then multiplied by the total amount distributed for the Permanent Endowment for Education and Research to determine each individual institution's funding amount.</content><note type="source"><p>Source Note: The provisions of this §15.25 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.26"><num value="15.26">§15.26</num><heading>Research Performance Funding</heading><content>(a) In a state fiscal year, the Coordinating Board shall confer with the Legislative Budget Board to determine Research Performance Funding allocations for each TUF-eligible institution based on the following:(1) Eighty-five percent (85%) of the Research Performance Funds shall be allocated based on the most recent three-year average of combined Federal Expenditures and Private Expenditures. The allocation shall be proportional based on the institutions' share of total combined Federal Expenditures and Private Expenditures.(A) Federal Expenditures and Private Expenditures are as reported in each state fiscal year on the Research Expenditure Survey as required by §13.303 of this title (relating to Standards and Accounting Methods for Determining Total Research Expenditures). Private research expenditures include business expenditures, nonprofit organization expenditures, and all other expenditures.(B) For purposes of the allocation of the Research Performance funds, Federal Expenditures and Private Expenditures shall exclude unrecovered indirect costs and pass through funds to other general academic teaching institutions, medical and dental units, and other agencies of higher education.(2) Fifteen percent (15%) of the Research Performance Funds shall be allocated based on the most recent three-year average of research doctoral degrees awarded. The allocation shall be proportional based on the institutions' share of the total research doctoral degrees awarded.(A) Research doctoral degrees that qualify for purposes of calculation are those that are reflected on a list of research doctoral degrees published annually by Coordinating Board staff on March 1 of each fiscal year. Research doctoral degrees include an academic degree beyond the level of a master's degree that typically represents the highest level of formal study or research in a given field and that requires completion of original research.(B) The list of research doctoral degrees shall be annually updated by Coordinating Board staff to reflect all degree titles included in the most recently published National Science Foundation Survey of Earned Doctorates and any additional degree titles identified by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §15.26 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.27"><num value="15.27">§15.27</num><heading>Percentage Share for Legislative Appropriation</heading><content>(a) For the purposes of calculating the legislative appropriation required for an individual institution to become TUF-eligible or to receive Level 1 Base Funding, the legislature must appropriate an amount to the Texas University Fund not less than the difference between:(1) the quotient of:(A) the market value of the Texas University Fund on September 1 of the state fiscal year; and(B) one minus an incoming institution's percentage share of the Texas University Fund; and(2) the market value of the Texas University Fund on September 1 of the state fiscal year.(b) For purposes of calculating the legislative appropriation to become a TUF-eligible institution, an institution's percentage share of the Texas University Fund for a state fiscal year shall equal the following calculation:(1) If the institution meets the research expenditure criteria to receive Level 1 Base Funding upon entry, as defined in §15.25 of this subchapter (relating to Permanent Endowment for Education and Research Base Funding), the percentage share shall equal the share of Level 1 Base funding an institution would have received in Permanent Endowment for Education and Research Base Funding, as calculated in §15.25 of this subchapter, had an additional institution been included in the allocation as a recipient of Level 1 Base Funding.(2) If the institution does not meet the research expenditure criteria to receive Level 1 Base Funding upon entry, as defined in §15.25 of this subchapter, the percentage share shall equal the share of Level 2 Base funding an institution would have received in Permanent Endowment for Education and Research Base Funding, as calculated in §15.25 of this subchapter, had an additional institution been included in the allocation as a recipient of Level 2 Base Funding.(c) For purposes of calculating the legislative appropriation for a currently TUF-eligible institution to receive Level 1 Base Funding, an institution's percentage share of the Texas University Fund for a state fiscal year shall equal the difference between the share of Level 1 Base Funding and Level 2 Base Funding an institution would have received in Permanent Endowment for Education and Research Base Funding, as calculated in §15.25 of this subchapter, had an additional institution been included in the allocation as a recipient of Level 1 Base Funding, instead of a recipient of Level 2 Base Funding.</content><note type="source"><p>Source Note: The provisions of this §15.27 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.28"><num value="15.28">§15.28</num><heading>Endowment Calculation</heading><content>(a) A TUF-eligible institution may report a percentage share of the market value of the Texas University Fund as a true endowment for financial reporting purposes.(b) An institution shall calculate its percentage share as seventy-five percent of the market value of the Texas University Fund multiplied by the institution's share of the Permanent Endowment for Education and Research base funding, as calculated in §15.25 of this subchapter (relating to Permanent Endowment for Education and Research Base Funding).(c) The market value of the Texas University Fund shall be as of August 31 of the reported fiscal year as determined by the Comptroller of Public Accounts.</content><note type="source"><p>Source Note: The provisions of this §15.28 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.29"><num value="15.29">§15.29</num><heading>Reporting</heading><content>Coordinating Board staff shall annually publish the most recent three state fiscal years of combined Federal Expenditures and Private Expenditures and research doctorates awarded, as defined under this subchapter, for general academic teaching institutions.</content><note type="source"><p>Source Note: The provisions of this §15.29 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scB/s15.30"><num value="15.30">§15.30</num><heading>National Research Support Fund</heading><content>Coordinating Board staff shall annually publish the adjusted threshold of combined Federal Expenditures and Private Expenditures needed to establish eligibility to receive a distribution from the National Research Support Fund. The amount shall align with the threshold established and published for §15.23(a)(2) of this subchapter (relating to Eligibility to Receive a Distribution from the Texas University Fund).</content><note type="source"><p>Source Note: The provisions of this §15.30 adopted to be effective February 15, 2024, 49 TexReg 680.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c15/scC"><num value="C">SUBCHAPTER C</num><heading>STRATEGIC PLANNING RELATED TO EMERGING RESEARCH AND RESEARCH UNIVERSITIES</heading><section identifier="/us/state/tx/tac/t19/p1/c15/scC/s15.50"><num value="15.50">§15.50</num><heading>Purpose and Authority</heading><content>(a) The purpose of this subchapter is to require each institution of higher education designated as a research university or emerging research university as designated in the Board's accountability system to have a long-term strategic plan for achieving recognition as a research university or enhancing the institution's reputation as a research university.(b) This rule is adopted under the authority of Texas Education Code, §51.358.</content><note type="source"><p>Source Note: The provisions of this §15.50 adopted to be effective November 14, 2024, 49 TexReg 8895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scC/s15.51"><num value="15.51">§15.51</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The governing body of the Texas Higher Education Coordinating Board.(2) Commissioner--The Texas Commissioner of Higher Education who serves as the chief executive officer of the agency known as the Texas Higher Education Coordinating Board.(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(4) Emerging Research University--A public institution of higher education designated as an emerging research university under the Board's accountability system.(5) Governing board--The Board of Regents of a research or emerging research university.(6) Research Strategic Plan--A document to be prepared by the institution which provides a detailed, long-term plan to show how the institution will achieve or enhance its recognition as a research university. The form, manner, standards, and minimum required content for the report will be prescribed by the Commissioner.(7) Research University--A public institution of higher education designated as a research university under the Board's accountability system.</content><note type="source"><p>Source Note: The provisions of this §15.51 adopted to be effective November 14, 2024, 49 TexReg 8895.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c15/scC/s15.52"><num value="15.52">§15.52</num><heading>Submission of a Strategic Plan for Achieving Recognition as a Research University</heading><content>(a) The Commissioner shall prescribe the form, length, manner, and minimum required content in guidelines published by the Coordinating Board by October 1 in the year prior to submission.(b) At a minimum, the guidelines in subsection (a) of this section will require information on the following topics:(1) A plan to elevate the institutions' research enterprise, including its goals and priorities, collaborations and partnerships, and a discussion of economic impact; and(2) A plan to increase research funding and productivity, including the role of external funding, research facilities, and commercialization; and(3) A description of its doctoral programs, including plans for research doctorates, supports for doctoral candidates, and the areas of academic emphasis; and(4) A plan for faculty recruitment, support, and development.(c) The governing board of each research or emerging research university shall submit its approved strategic plan to the Coordinating Board by April 1, 2025. Each institution shall submit an updated strategic plan not later than April 1, 2030.</content><note type="source"><p>Source Note: The provisions of this §15.52 adopted to be effective November 14, 2024, 49 TexReg 8895.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c17"><num value="17">CHAPTER 17</num><heading>RESOURCE PLANNING</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c17/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c17/scA/s17.1"><num value="17.1">§17.1</num><heading>Purpose and Scope</heading><content>(a) The purpose of this chapter is to provide guidance to the public and to public institutions of higher education regarding reporting of facilities project data to the Board, standards for new construction, repair and renovation projects, property acquisitions, or lease-purchase arrangements as authorized by law.(b) This chapter establishes rules and an approval process for energy savings performance contracts.(c) This chapter establishes rules for facilities audits.(d) This chapter establishes guidelines for certain institutional reports to the Board and the Board's reports.(e) This chapter does not apply to facilities used exclusively for auxiliary enterprise.</content><note type="source"><p>Source Note: The provisions of this §17.1 adopted to be effective November 11, 2021, 46 TexReg 7603.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scA/s17.2"><num value="17.2">§17.2</num><heading>Authority</heading><content>(a) Texas Education Code, §61.0572, requires the Board to assure the efficient use of construction funds and the orderly development of physical plants to accommodate projected college student enrollments.(b) Texas Education Code, §61.058, authorizes the Board to review new construction and repair and renovation projects as well as purchases of improved real property at institutions. Standards used in review must be adopted using negotiated rulemaking.(c) Texas Education Code, §61.0583, requires the Board to conduct a comprehensive audit of all educational and general facilities.(d) Texas Education Code, §51.927, authorizes the Board to establish guidelines and an approval process for awarding energy savings performance contracts.</content><note type="source"><p>Source Note: The provisions of this §17.2 adopted to be effective November 11, 2021, 46 TexReg 7603.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scA/s17.3"><num value="17.3">§17.3</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Academic Facilities--Facilities used for primary instruction, research, and public service functions of the institution. Academic facilities typically would include classrooms, libraries, administrative and faculty offices, and student and research laboratories.(2) Acquisition--To come into possession or control of real property or facilities. This includes the acceptance, purchase, lease-purchase, transfer, or exchange of land or facilities.(3) Addition--Expansion or extension of an existing facility that increases its size or capacity.(4) Assignable Area of a Building--The sum of all areas within the interior walls of rooms on all floors of a building assigned to, or available for assignment to, an occupant or use, excluding unassigned space. This is also referred to as net assignable square feet (NASF).(5) Athletic Facilities--Facilities used for athletic programs, including intercollegiate athletics, intramural athletics, and athletically oriented academic programs.(6) Auditorium or Assembly--A room, hall, or building designed and equipped for the assembly of large groups for such events as dramatic and musical productions, devotional activities, livestock judging, faculty/staff meetings, or commencement. Included are theaters, concert halls, arenas, chapels, and livestock judging pavilions. Assembly facilities may also serve instructional purposes to a minor or incidental extent.(7) Auxiliary Enterprise Buildings or Space--Income-generating structures and space such as dormitories, cafeterias, student union buildings, stadiums, athletic facilities, housing or boarding facilities used by a fraternity, sorority, or private club, and alumni centers used solely for those purposes. Auxiliary space is not supported by state appropriations.(8) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(9) Building--A structure with at least two walls for permanent or temporary shelter of persons, animals (excluding animal caging equipment), plants, materials, or equipment that is attached to a foundation, roofed, serviced by a utility (exclusive of lighting), is a source of maintenance and repair activities, and is under the control or jurisdiction of the institution's governing board, regardless of its location.(10) Building Efficiency--The proportion of the gross square feet that can be assigned. This is determined by dividing the net assignable square feet by the gross square feet of a building.(11) Building Replacement Estimate Report--A report that provides an overall estimate of the campus' buildings replacement cost. The Coordinating Board produces this report to aid institutions in reporting their deferred maintenance needs as a percentage of the total campus' replacement value to the Board of Regents. Building Replacement Estimates are calculated for Educational and General space and Institution-Wide space. A twenty-five percent add-on is included to account for the cost of necessary infrastructure. These are not to be used for insurance purposes.(12) Campus Condition Report--A report outlining facility maintenance needs in the areas of deferred maintenance and critical deferred maintenance. Institutions are to provide this report to their Board of Regents, and a copy is to be provided to the Coordinating Board.(13) Capital Construction Assistance Project--A project for which an institution has legislative authority to finance a construction, renovation, or land acquisition project as provided for in Texas Education Code, §55.111 and §§55.171 - §55.17991.(14) Capital Expenditure Plan (MP1)--A detailed formulation of institutional programs to address repairs, renovations, deferred maintenance, critical deferred maintenance, facilities construction, demolition, property acquisitions, major information resources projects, or infrastructure.(15) Certification--Institutional attestation of reports or other submissions as being true as represented.(16) Classroom--A room used for scheduled classes. These rooms may be called lecture rooms, lecture-demonstration rooms, seminar rooms, or general-purpose classrooms. A classroom may contain multimedia or telecommunications equipment, such as those used for distance learning. A classroom may be furnished with special equipment (e.g., globes, maps, pianos) appropriate to a specific area of study. A classroom does not include a conference room, meeting room, auditorium, or class laboratory.(17) Class Laboratory--A room used primarily by regularly scheduled classes that require special-purpose equipment for student participation, experimentation, observation, or practice in a field of study. Class laboratories may be referred to as teaching laboratories, instructional shops, computer laboratories, drafting rooms, band rooms, choral rooms, group studios. Laboratories that serve as individual or independent study rooms are not included.(18) Clinical Facility--A facility often associated with a hospital or medical school that is devoted to the diagnosis and care of patients in the instruction of health professions and allied health professions; medical instruction may be conducted, and patients may be examined and discussed. Clinical facilities include patient examination rooms, testing rooms, and consultation rooms.(19) Commissioner--The Texas Commissioner of Higher Education who serves as the chief executive officer of the agency known as the Texas Higher Education Coordinating Board.(20) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(21) Cost--The portion of the total project costs that are reported by the institution as being for the actual cost of construction, repair/renovation, or the actual purchase price for improved real property purchases. Not included are costs associated with site acquisition (for construction projects), closing costs (for improved real property purchases) fixed equipment, site development, furniture and moveable equipment, construction services, life safety compliance, professional services fees, demolition costs, eminent domain costs, environmental development, or contingency amounts.(22) Critical Deferred Maintenance--Any deferred maintenance that if not corrected in the current budget cycle places its building occupants at risk of harm or the facility at risk of not fulfilling its functions.(23) Deferred Maintenance--The accumulation of facility components in need of repair or replacement brought about by age, use, or damage, for which remedies are postponed or considered backlogged, that is necessary to maintain and extend the life of a facility. This includes repairs postponed due to funding limitations.(24) Educational and General (E&G) Space--Space used for teaching, research, or the preservation of knowledge, including the proportional share used for those activities in any building or facility used jointly with auxiliary enterprise, or space that is permanently unassigned. E&G space may be supported by state appropriations.(25) E&G Cost--E&G Space/Total Space x Cost. The costs associated with the E&G space included in a project. This is determined by dividing the E&G assignable square feet by the total project assignable square feet and then multiplying the result by the cost.(26) Energy Savings Performance Contract--A contract for energy or water conservation measures to reduce energy or water consumption or operating costs of institutional facilities in which the estimated savings in utility costs resulting from the conservation measures is guaranteed to offset the cost of the measures over a specified period.(27) Facilities Audit--An audit of an institution of higher education's facilities inventory records and submission of required facilities development projects as required by Texas Education Code, §61.0583.(28) Facilities Inventory--A collection of building and room records that reflects institutional space and how it is being used. The records contain codes that are uniformly defined by the Board and the United States Department of Education and reported by the institutions on an ongoing basis to reflect a current facilities inventory. The facilities inventory includes a record of property owned by or under the control of the institution.(29) Gift--A donation or bequest of money or another tangible item, a pledge of a contribution, or the acquisition of real property or facilities at no cost to the state or to the institution. It may also represent a method of finance for a project.(30) Gross Square Feet (GSF)--The sum of all square feet of floor areas within the outside faces of a building's exterior walls. This includes the areas, finished and unfinished, on all floors of an enclosed structure, i.e., within the environmentally controlled envelope, for all stories or areas which have floor surfaces.(31) Health-Related Institution--A medical or dental unit as defined by the Texas Education Code, §61.003(5).(32) Improved Real Property--Real property on which there are buildings or facilities.(33) Information Resource Project--Projects related to the purchase or lease-purchase of computer equipment, purchase of computer software, purchase or lease-purchase of telephones, telephone systems, and other telecommunications and video-teleconferencing equipment.(34) Infrastructure--The basic physical structures needed for the operation of a campus to include roads, water supply, sewers, power grids, telecommunications, and so forth. Systems within five feet of a building are considered building systems and are not infrastructure.(35) Institution or Institution of Higher Education--A Texas public institution of higher education as defined in Texas Education Code, §61.003(8), except a community/junior college.(36) Lease--A contract by which real estate, equipment, or facilities are conveyed for a specified term and for a specified rent. Includes the transfer of the right to possession and use of goods for a term in return for consideration. Unless the context clearly indicates otherwise, the term includes a sublease.(37) Lease-Purchase--A lease project that includes the acquisition of real property by purchase, gift, or any other voluntary transaction at some future time.(38) Legislative Authority--Specific statutory authorization.(39) Mixed Use--Facilities that have a mixture of uses. These may include facilities that are E&G and non-E&G.(40) Net Assignable Square Feet (NASF)--The sum of all areas within the interior walls of rooms on all floors of a building assigned to, or available for assignment to, an occupant or use, excluding unassigned areas. NASF includes auxiliary space and E&G space.(41) New Construction--The creation of a new building or facility, the addition to an existing building or facility, or new infrastructure that does not currently exist on campus. New construction would add gross square footage to an institution's existing space.(42) Parking Structure--A facility or garage used for housing or storing vehicles. Included are garages, boathouses, airport hangars, and similar buildings. Barns or similar field buildings that house farm implements and surface parking lots are not included.(43) Phased Project--A project that has more than one part, each one having fixed beginning and ending dates, specified cost estimates, and scope. Phased projects consider future phase needs in the project plan; each phase is able to stand alone as an individual project.(44) Project--The process that includes the construction, repair, renovation, addition, alteration of a campus, building, or facility, or its infrastructure, or the acquisition of real property.(45) Purchase--The acquisition of and interest in real property in exchange for valuable consideration.(46) Real Property--Land with or without improvements such as buildings.(47) Repair and Renovation (R&R)--Construction upgrades to an existing building, facility, or infrastructure that currently exists on campus; this includes the finish-out of shell space. R&R may add E&G NASF space.(48) Research Facility--A facility used primarily for experimentation, investigation, or training in research methods, professional research and observation, or a structured creative activity within a specific program. Included are laboratories used for experiments or testing in support of instructional, research, or public service activities.(49) Shell Space--An area within a building with an unfinished interior designed to be converted into usable space at a later date.(50) Space Need--The result of the comparison of an institution's actual space to the predicted need as calculated by the Space Projection Model.(51) Space Projection Model--An assessment of space needs at institutions of higher education based on factors such as semester credit hours, programs, level of instruction, faculty, and E&G and research expenditures.(52) Space Use Efficiency--A report that determines the efficiency of space use in existing classrooms and class labs as determined by an institution's performance in three areas: facilities demand, utilization, and average percent fill.(53) Standard--Basis, criteria, or benchmark used for evaluating the merits of a project or an institutional comparison to a benchmark.(54) Technical Research Building--Space used for research, testing, and training in a mechanical or scientific field. Special equipment is required for staff and/or student experimentation or observation. Included are specialized laboratories for new technologies that have stringent environmental controls on air quality, temperature, vibration, and humidity. Facilities generally include space for specialized technologies, semiconductors, biotechnology, advanced materials, quantum computing and advanced manufacturing quantum computing technology, nanoscale measurement tools, integrated microchip-level technologies for measuring individual biological molecules, and experiments in nanoscale disciplines.(55) Unimproved Real Property--Real property on which there are no buildings or facilities.(56) University System--The association of one or more public senior colleges or universities, medical or dental units, or other agencies of higher education under the policy direction of a single governing board.</content><note type="source"><p>Source Note: The provisions of this §17.3 adopted to be effective November 14, 2024, 49 TexReg 8896.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c17/scB"><num value="B">SUBCHAPTER B</num><heading>REPORTING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t19/p1/c17/scB/s17.20"><num value="17.20">§17.20</num><heading>Facility Projects to Be Submitted to the Coordinating Board</heading><content>(a) Institutions shall submit data on the following projects to the Coordinating Board:(1) New construction of building and facilities and/or additions to buildings and facilities having an E&G project cost of $10 million or greater;(2) Repair and renovation projects for buildings and facilities having an E&G project cost of $10 million or greater;(3) Improved real property purchases that the institution intends to include in the E&G buildings and facilities inventory if the purchase price is more than §5,000,000;(4) Energy Savings Performance Contract projects; and(5) Projects financed by Capital Construction Assistance Projects pursuant to Texas Education Code, §61.0572 and §61.058.(b) Projects not specifically described in this rule, including but not limited to the following types of projects, are EXEMPT from Coordinating Board submission.(1) Projects at The University of Texas at Austin, Texas A&M University, and Prairie View A&M University financed more than 50 percent with Permanent University Fund bond proceeds or Available University Fund funds;(2) New Construction, repair, or rehabilitation of privately-owned buildings and facilities on land leased from an institution if the new construction, repair, or rehabilitation is financed entirely from funds not under the control of the institution;(3) Gifts, grants, or lease-purchase arrangements intended for clinical or research facilities;(4) New construction, repair, or rehabilitation projects to be undertaken pursuant to specific legislative authority;(5) Lease of property or facilities;(6) Acquisitions of unimproved real property;(7) Acquisitions of improved real property that the institution does not intend to include in its E&G buildings and facilities inventory;(8) New Construction, repair, renovation, or acquisition of buildings and facilities that are to be used exclusively for auxiliary enterprises and will not require appropriations from the legislature for operations, maintenance, or repair; and(9) All gifts and grants of improved real property.</content><note type="source"><p>Source Note: The provisions of this §17.20 adopted to be effective November 11, 2021, 46 TexReg 7604; amended to be effective November 16, 2023, 48 TexReg 6592; amended to be effective November 14, 2024, 49 TexReg 8897.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scB/s17.21"><num value="17.21">§17.21</num><heading>Submission Procedures</heading><content>Institutions shall submit the following materials to the Coordinating Board:(1) a signed Board of Regents Certification form certifying that the institution's Board of Regents or its delegated authority has approved the project and that the project complies with applicable state and federal requirements as listed on the form shall be submitted to the Coordinating Board before the start of the project.(2) Institutions shall submit a completed project application electronically through the Coordinating Board's website once completed project costs are known, but no later than 90 days after the project has been added to the Facilities Inventory.(3) For Real Property Purchase Projects, in addition to paragraphs (1) and (2) of this section, institutions shall submit appraisals in accordance with the below:(A) An institution shall provide two current appraisal reports providing a current value of the property. The most recent appraisal of the local property tax appraisal district may be used for one of these reports.(B) Appraisals shall be considered current if the appraisal was completed no more than two years prior to the date the project application is submitted to the Coordinating Board.(4) Appraiser Credentials. Any appraisal report provided to the Coordinating Board under this section shall certify that the appraiser(s) meets one of the following requirements:(A) Is designated an Accredited Senior Appraiser by the American Society of Appraisers (A.S.A.) with the professional designation in real estate;(B) Is a member of the Appraisal Institute designated M.A.I. by the Appraisal Institute and is experienced in the valuation and evaluation of commercial, industrial, residential, and other types of properties, and who advise clients on real estate investment decisions;(C) Is a member of the Appraisal Institute designated S.R.P.A. and is experienced in the valuation of commercial, industrial, residential, and other types of property;(D) Is a member of the Appraisal Institute designated S.R.A. and is a real estate solutions provider who is experienced in the analysis and valuation of residential real property;(E) Is a senior member of the National Association of Independent Fee Appraisers designated IFAS;(F) Is an appraiser-counselor member of the National Association of Independent Fee Appraisers designated IFAC;(G) Is a licensee of the Texas Appraiser Licensing and Certification Board in good standing and certified or licensed at the appropriate level for the project and must comply with the Uniform Standards of Professional Appraisal Practice (USPAP). The appraiser must also state that they have the knowledge and experience to complete the assignment competently; or(H) Is a member of the American Society of Farm Managers and Rural Appraisers (ASFMRA) designated as an Appraisal Rural Appraiser, or ARA, who is experienced to value rural property matters as they relate to rural property acquisitions, dispositions or condemnation needs.</content><note type="source"><p>Source Note: The provisions of this §17.21 adopted to be effective November 11, 2021, 46 TexReg 7604; amended to be effective November 14, 2024, 49 TexReg 8897.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c17/scC"><num value="C">SUBCHAPTER C</num><heading>PROJECT STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p1/c17/scC/s17.30"><num value="17.30">§17.30</num><heading>Standards for New Construction and/or Addition Projects</heading><content>The established project standards for New Construction and Addition projects are as follows:(1) Space Need--The project shall not create a campus space surplus, or add to an existing surplus, as determined by the space projection model report, required by §17.100 of this title (relating to Board Reports).(2) Cost--The construction building cost per gross square foot shall not exceed one standard deviation above the mean of similar projects received by the Coordinating Board within the last seven years, adjusted for inflation as described in the Coordinating Board's Construction Cost report, §17.100 of this title.(3) Building Efficiency--The ratio of NASF to GSF for the space in projects for classrooms and general-purpose facilities shall be 0.60 or greater. Where the following specialized space is predominant in the project, the ratios of NASF to GSF shall be as follows:(A) Office space: 0.65 or greater;(B) Clinical facility; 0.50 or greater;(C) Diagnostic support laboratories: 0.50 or greater;(D) Technical research buildings: 0.50 or greater; and(E) For mixed-use facilities, the ratio of NASF to GSF shall be calculated for each space type and considered separately.(4) Space Usage Efficiency--The use of existing classroom and class laboratory facilities will be considered when the project includes Education & General (E&G) square footage.(A) Classroom space usage efficiency--(i) A score of 75 points or higher is considered as meeting the standard; and(ii) The classroom score will determine compliance for projects involving the following facility types: classroom, general; auditorium/theater; other facility types that appear to contain classrooms or similar space.(B) Class laboratory space usage efficiency--(i) A score of 75 points or higher is considered as meeting the standard; and(ii) The class laboratory score will determine compliance for projects involving facility type laboratory, general and other facility types that appear, as determined by the Board staff, to contain class laboratories or similar space.(C) Overall space usage efficiency--(i) Overall score is a function of the classroom and class laboratory scores. A combined score of 150 or higher, as determined by summing the classroom and class laboratory scores, is considered as meeting the overall standard; and(ii) The overall score is applicable for projects involving the following facility types: athletic; office, general; office, high rise; student center; other; and projects that cannot clearly be classified in a single category of facility type.</content><note type="source"><p>Source Note: The provisions of this §17.30 adopted to be effective November 11, 2021, 46 TexReg 7604; amended to be effective November 14, 2024, 49 TexReg 8898.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scC/s17.31"><num value="17.31">§17.31</num><heading>Standards for Repair & Renovation Projects</heading><content>The established project standards for Repair and Renovation projects are as follows:(1) Space Need--The project shall not create a campus space surplus, or add to an existing surplus, as determined by the space projection model report, required by §17.100 of this title (relating to Board Reports).(2) Cost--The construction building cost per gross square foot shall not exceed one standard deviation above the mean of similar projects received by the Coordinating Board within the last seven years, adjusted for inflation as described in the Coordinating Board's Construction Cost report, §17.100 of this title.(3) Building Efficiency--The institution shall demonstrate that the project does not reduce the existing ratio of NASF to GSF for the building by more than 10 percent. If the project renovation is required to comply with federal or state requirements, the institution shall explain any reduction in the ratio of NASF to GSF for the building.</content><note type="source"><p>Source Note: The provisions of this §17.31 adopted to be effective November 11, 2021, 46 TexReg 7604; amended to be effective November 14, 2024, 49 TexReg 8898.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scC/s17.32"><num value="17.32">§17.32</num><heading>Standards for Improved Real Property Purchase Projects</heading><content>The established project standards for Improved Real Property Purchase projects are as follows:(1) Space Need--The project shall not create a campus space surplus, or add to an existing surplus, as determined by the space projection model report, required by §17.100 of this title (relating to Board Reports).(2) Cost--The proposed purchase price should not exceed the higher of two appraisal values. If the purchase price is greater than the highest appraised value, the institution shall demonstrate the need for purchasing the property at the greater value.(3) Repair and Renovation--If the project includes repair and renovation of any improvements on the property, the standards in §17.31 of this title (relating to Standards for Repair & Renovation Projects) shall apply.</content><note type="source"><p>Source Note: The provisions of this §17.32 adopted to be effective November 11, 2021, 46 TexReg 7604; amended to be effective November 14, 2024, 49 TexReg 8898.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c17/scD"><num value="D">SUBCHAPTER D</num><heading>ENERGY SAVING PERFORMANCE CONTRACTS</heading><section identifier="/us/state/tx/tac/t19/p1/c17/scD/s17.40"><num value="17.40">§17.40</num><heading>Projects Requiring Board Approval</heading><content>An institution is required to obtain Board approval before the institution enters into an energy savings performance contract as defined in Texas Education Code, §51.927. Energy Savings Performance Contract projects shall be evaluated under the provisions of §17.31 of this title (relating to Standards for Repair & Renovation Projects). Additionally, the Board will conduct a review based on a set of guidelines to be developed in collaboration with the State Energy Conservation Office.</content><note type="source"><p>Source Note: The provisions of this §17.40 adopted to be effective November 11, 2021, 46 TexReg 7604.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scD/s17.41"><num value="17.41">§17.41</num><heading>Delegation of Approval Authority for Energy Savings Performance Contracts</heading><content>(a) Assistant Commissioner. The Board authorizes the appropriate Assistant Commissioner designated by the Commissioner to approve the following types of energy savings performance contracts, upon certification of authority by the proposing institution's governing board that the project meets all of the Board standards and statutory requirements:(1) Less than $20 million in cost with a contract term of ten or fewer years from the date of installation; and(2) $10 million or less in cost with a contract term greater than 10 years but less than or equal to 15 years from the date of installation.(b) Board Standing Committee. The Board authorizes the standing committee designated to consider facilities rules and applications to approve the following types of energy savings performance contracts, upon certification of authority by the proposing institution's governing board that the project meets all of the specified Board standards and statutory requirements:(1) Greater than $20 million in cost with a contract term of 15 or fewer years from the date of installation;(2) Greater than $10 million but less than or equal to $20 million in cost with a contract term of greater than ten years but less than 20 years from the date of installation; and(3) $10 million or less in cost with a contract term of greater than 15 years from the date of installation.(c) Board. The Board shall consider for approval the following types of energy savings performance contracts. Contracts with a project cost of greater than $20 million and a contract term greater than 15 years from the date of installation.(d) Any project that is not approved by a delegated party is immediately referred to the next higher-level approval authority.(e) The Assistant Commissioner may refer projects to the appropriate Board Committee for review.(f) Decisions of the Assistant Commissioner may be appealed to the appropriate Board Committee. Decisions of the Committee may be appealed to the Board.</content><note type="source"><p>Source Note: The provisions of this §17.41 adopted to be effective November 11, 2021, 46 TexReg 7604.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scD/s17.42"><num value="17.42">§17.42</num><heading>Additional Requirements</heading><content>(a) In addition to those outlined in §17.21 of this title (Relating to Submission Procedures), each institution must include a statement with the application, certified by a Professional Engineer licensed in the State of Texas who shall not be an officer or employee of the offeror for the contract, the institution seeking approval, or otherwise associated with the contract, that the contract meets the following guidelines:(1) The contract complies with any and all applicable federal, state and local statutes;(2) The contract contains an energy audit report, a Measurement and Verification plan that conforms to the International Performance Measurement and Verification Protocol (IPMPV) or a case-specific methodology conforming to IPMVP principles, and a detailed calculation of energy savings as a direct result of the project;(3) The savings achieved over the specified term is equal to or greater than the cost of the project; and(4) The contract meets the guidelines specified in Texas Education Code, §51.927, (relating to Energy Savings Performance Contracts).(b) In addition to those outlined in §17.21 of this title (Relating to Submission Procedures), the institution's chief financial officer and general counsel must include a written certification that they have reviewed the energy contract and that the costs do not exceed the guaranteed savings and that other legal provisions are in compliance with applicable laws and statutes.(c) The institution shall provide to the Board a copy of the signed contract within 30 days of the effective date of the contract.</content><note type="source"><p>Source Note: The provisions of this §17.42 adopted to be effective November 11, 2021, 46 TexReg 7604.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c17/scE"><num value="E">SUBCHAPTER E</num><heading>REPORTS</heading><section identifier="/us/state/tx/tac/t19/p1/c17/scE/s17.100"><num value="17.100">§17.100</num><heading>Coordinating Board Reports</heading><content>The Commissioner shall annually approve the following reports:(1) Space Projection Model. A space planning model to estimate the NASF of E&G space needed at institutions of higher education.(A) Periodic Review. The General Academic Institutions, Technical Colleges, and State Colleges Formula Advisory Committee and Health-Related Institutions Formula Advisory Committee established under chapter 1, subchapter L of this title (relating to Formula Advisory Committee-General Academic Institutions, Technical Colleges, and State Colleges) and chapter 1, subchapter M, of this title (relating to Formula Advisory Committee-Health-Related Institutions) may review the model and recommend changes.(B) Use. The Board may use the models developed under this section to determine the need for space on campuses, as a component of recommended funding formulas for public institutions of higher education, and as standards for facilities development projects.(2) Space Usage Efficiency (SUE). An annual report on the intensity of use of E&G facilities at institutions of higher education for classrooms and class laboratories. Classroom and class lab utilization data are not calculated for health-related institutions.(3) Construction Costs. A calculation of the mean and one standard deviation above the mean for construction building costs per square foot. The costs shall be based on similar projects reported to the Coordinating Board, within the immediate prior seven years, annually adjusted for inflation for the region of the state where the project is located. As a minimum, the calculations shall be developed for both new construction/addition and repair and renovation for all facility types available and shall be published on the agency website.</content><note type="source"><p>Source Note: The provisions of this §17.100 adopted to be effective November 11, 2021, 46 TexReg 7605; amended to be effective November 14, 2024, 49 TexReg 8898.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scE/s17.101"><num value="17.101">§17.101</num><heading>Institutional Reports</heading><content>Institutions of higher education shall submit current data to the Coordinating Board for the following reports:(1) Facilities Inventory.(A) Periodic Review. Institutions shall report a record of all property, buildings, and rooms occupied or in the control of an institution in a format specified by the Coordinating Board.(i) The institution shall update its inventory of facilities on an ongoing basis.(ii) The inventory is subject to periodic audits.(iii) The inventory shall be certified by the institution annually on or before November 1, or as specified by the Board staff.(B) Use. The Coordinating Board shall use the data reported in the facilities inventory for the facilities audit program and for other required or requested analyses. The facilities inventory shall be used to complete the following reports:(i) the Space Projection Model;(ii) calculation of an institution's Building Replacement Estimate Report;(iii) calculation of the Space Usage Efficiency (SUE) report; and(iv) calculation of the construction cost standard.(2) Facilities Development Reports.(A) Capital Expenditure Plan (MP1). On or before July 1 of every year, beginning in 2004, an institution shall submit an update to its Capital Expenditure Plan (MP1) on file with the Coordinating Board, as required by Texas Education Code, §61.0572(b)(4). In every even-numbered year, the Commissioner shall provide Facilities Development Plan data to the Bond Review Board for inclusion in the Capital Expenditure Report. This report may include planned maintenance, facilities adaptation, and deferred maintenance projects. The data may be used by the Coordinating Board to respond to legislative requests, predictions of future space need, and similar analyses. The report shall include projects that are planned within the next five years, regardless of funding source, in alignment with dollar thresholds established by the most recent General Appropriations Act and Bond Review Board guidelines:(i) new construction projects;(ii) repair and rehabilitation projects;(iii) information resource projects;(iv) property purchases that cumulatively would total more than the dollar thresholds established by the most recent General Appropriations Act and Bond Review Board guidelines (the actual property address or location for individual property acquisitions may be, but are not required to be, identified in a single proposed project entitled "property acquisitions" with a total cost of all purchases or acquisitions projected over the reporting period);(v) the funding source for any planned project identified in clauses (i), (ii), (iii), and (iv) of this subparagraph; and(B) Campus Condition Report. Annually, an institution shall provide a copy of its Campus Condition Report to the Coordinating Board, as supplied to their Governing Board.</content><note type="source"><p>Source Note: The provisions of this §17.101 adopted to be effective November 11, 2021, 46 TexReg 7605; amended to be effective November 14, 2024, 49 TexReg 8898.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c17/scF"><num value="F">SUBCHAPTER F</num><heading>FACILITIES AUDIT</heading><section identifier="/us/state/tx/tac/t19/p1/c17/scF/s17.110"><num value="17.110">§17.110</num><heading>General Provisions</heading><content>(a) Board staff shall periodically conduct a comprehensive audit of all educational and general facilities on the campuses of institutions to verify the accuracy of the institutional facilities inventory and facilities development projects for each of those institutions.(b) No later than 30 days after Board staff has presented the Facilities Audit Report to the Board (or appropriate standing committee of the Board), Board staff files a copy of the report with the institution and the Legislative Budget Board.(c) Institutions that conduct regularly scheduled self-audits may be exempted from the on-site review providing that:(1) The institution presents to the Coordinating Board a copy of the formal report of the audit and its documented processes that demonstrate the accuracy of the data; and(2) confirmation that the review includes consideration of the facilities audit objectives stated in §17.111 of this title (relating to Facilities Audit Objectives).</content><note type="source"><p>Source Note: The provisions of this §17.110 adopted to be effective November 11, 2021, 46 TexReg 7605; amended to be effective November 14, 2024, 49 TexReg 8899.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scF/s17.111"><num value="17.111">§17.111</num><heading>Facilities Audit Objectives</heading><content>The objectives of the audit are to determine whether selected institutions of higher education:(1) are accurately reporting their facilities inventory data to the Coordinating Board; and(2) have followed the Board rules and received approval where such approval was required.</content><note type="source"><p>Source Note: The provisions of this §17.111 adopted to be effective November 11, 2021, 46 TexReg 7605; amended to be effective November 14, 2024, 49 TexReg 8899.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scF/s17.112"><num value="17.112">§17.112</num><heading>Data Sources</heading><content>The Coordinating Board may use the following data sources in the course of the audit:(1) Institutional Capital Expenditure Plans (MP1);(2) Campus Condition Report as submitted to the governing board;(3) Space Model Projection Reports;(4) Reports required by the Educational Data Center;(5) Facilities Inventory Reports;(6) Facilities Development and Improvement Applications and Reviews;(7) Classroom and Class Laboratory Utilization Reports;(8) Energy Savings Performance Contracts;(9) Governing Board facilities approvals; and(10) Any other institutional data deemed appropriate by the Coordinating Board staff.</content><note type="source"><p>Source Note: The provisions of this §17.112 adopted to be effective November 11, 2021, 46 TexReg 7605; amended to be effective November 16, 2023, 48 TexReg 6592; amended to be effective November 14, 2024, 49 TexReg 8899.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scF/s17.113"><num value="17.113">§17.113</num><heading>Institutional Audit Cycle</heading><content>(a) The Coordinating Board shall determine the frequency and the scope of the audits authorized by this section; audits shall be limited to objectives stated in §17.111 of this title (relating to Facilities Audit Objectives).(b) The Board may conduct an audit of an institution more often than every five years upon the request of the institution, the Board, the Legislature, or another agency within revenue appropriated for this purpose.(c) Board staff shall publish a schedule of audits for the succeeding fiscal year.</content><note type="source"><p>Source Note: The provisions of this §17.113 adopted to be effective November 11, 2021, 46 TexReg 7605; amended to be effective November 14, 2024, 49 TexReg 8899.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c17/scF/s17.114"><num value="17.114">§17.114</num><heading>Audit Components</heading><content>Audits consist of two components:(1) On-Site Audit of an Institution's Facilities Inventory:(A) Institutions may participate in the Peer Review Team (PRT) process, by which institutions aid in auditing one another, with the participation of Board staff. Institutions participating in the PRT program must provide one or more qualified individuals with facilities management for the PRT pool maintained by the Board Staff; or(B) Institutions choosing not to participate in the PRT audit process are required to conduct self-audits in accordance with §17.110(c) of this chapter (relating to General Provisions).(2) Audit of an Institution's Facilities Development Projects:(A) The Internal Auditor of an institution (or its System Office) may determine if facilities projects were submitted to the Coordinating Board in accordance with §17.20 of this title (relating to Facility Projects to Be Submitted to the Coordinating Board) and submit a report to the Coordinating Board.(B) Board staff shall publish a Facilities Audit Protocol on the agency's website, including details on the process and timing of these components.</content><note type="source"><p>Source Note: The provisions of this §17.114 adopted to be effective November 11, 2021, 46 TexReg 7605; amended to be effective November 14, 2024, 49 TexReg 8899.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c17/scG"><num value="G">SUBCHAPTER G</num><heading>TEXAS STATE TECHNICAL COLLEGE SYSTEM ACQUISITIONS OF LAND AND FACILITIES</heading><section identifier="/us/state/tx/tac/t19/p1/c17/scG/s17.200"><num value="17.200">§17.200</num><heading>Projects Requiring Board Approval</heading><content>(a) Notwithstanding any other part of chapter 17, the Commissioner must review and approve the acceptance or acquisition of any land and facilities for Texas State Technical College System if it meets the following requirements:(1) the board of regents of the Texas State Technical College System requests to place the land and facilities on its E&G space inventory; and(2) the combined value of the land and facilities is more than $300,000.(b) For all real property acquisitions, Texas State Technical College System shall comply with §17.21 of this chapter (relating to Submission Procedures) for reporting related information to the Board.(c) If the property has improvements, the Commissioner will assess the project in accordance with project standards for Improved Real Property Purchase Projects in §17.32 of this chapter (relating to Standards for Improved Real Property Purchase Projects).</content><note type="source"><p>Source Note: The provisions of this §17.200 adopted to be effective November 14, 2024, 49 TexReg 8899.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c20"><num value="20">CHAPTER 20</num><heading>APPLICATIONS AND ADMISSION FOR INSTITUTIONS OF HIGHER EDUCATION</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c20/scB"><num value="B">SUBCHAPTER B</num><heading>FREE COLLEGE APPLICATION WEEK</heading><section identifier="/us/state/tx/tac/t19/p1/c20/scB/s20.30"><num value="20.30">§20.30</num><heading>Purpose</heading><content>This subchapter establishes the requirements for Texas public institutions of higher education to waive undergraduate admission application fees during Free College Application Week, as required by Texas Education Code, §61.0731.</content><note type="source"><p>Source Note: The provisions of this §20.30 adopted to be effective September 1, 2025, 50 TexReg 5466.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c20/scB/s20.31"><num value="20.31">§20.31</num><heading>Definitions</heading><content>The following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Free College Application Week--The week starting on the second Monday in October and continuing through the following Sunday, during which application fees for undergraduate admission shall be waived for Texas residents using the ApplyTexas application system.(2) Institution of Higher Education--A public institution as defined in Texas Education Code, §61.003, that offers undergraduate courses including any public technical institute, public junior college, public senior college and university, or state college,(3) Texas Resident--An individual who meets the residency requirements for in-state tuition under Texas Education Code, Chapter 54, Subchapter B.(4) Undergraduate Admission Application--An application submitted for first-year freshman or undergraduate transfer admission.</content><note type="source"><p>Source Note: The provisions of this §20.31 adopted to be effective September 1, 2025, 50 TexReg 5466.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c20/scB/s20.32"><num value="20.32">§20.32</num><heading>Fee Waiver Requirements</heading><content>Each institution of higher education in Texas shall:(1) waive all undergraduate admission application fees for applications submitted by Texas residents using the ApplyTexas application system during Free College Application Week;(2) ensure that the waiver applies automatically to all qualifying applicants and does not require separate fee waiver requests from the applicant; and(3) publicly communicate the availability of Free College Application Week in a timely manner to prospective students, school counselors, and the public.</content><note type="source"><p>Source Note: The provisions of this §20.32 adopted to be effective September 1, 2025, 50 TexReg 5466.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c20/scB/s20.33"><num value="20.33">§20.33</num><heading>Implementation and Accessibility</heading><content>(a) Institutions shall make necessary technical and administrative adjustments to their systems and processes to ensure compliance during College Application week each year.(b) Each institution of higher education shall prominently post a link to MyTexasFuture.Org on their admissions websites with a notice to students that they can use the common application form found in ApplyTexas.Org or via MyTexasFuture.Org alongside any alternative application platform that the institution uses.(c) Information about Free College Application Week and the fee waiver must be posted prominently on the institution's admissions website and communicated in English, Spanish, and any other languages commonly spoken by the institution's applicant population.</content><note type="source"><p>Source Note: The provisions of this §20.33 adopted to be effective September 1, 2025, 50 TexReg 5466.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c20/scB/s20.34"><num value="20.34">§20.34</num><heading>Recordkeeping and Reporting</heading><content>Institutions shall maintain records of the number of applications submitted during Free College Application Week and any related communications or procedures.</content><note type="source"><p>Source Note: The provisions of this §20.34 adopted to be effective September 1, 2025, 50 TexReg 5466.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c22"><num value="22">CHAPTER 22</num><heading>STUDENT FINANCIAL AID PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.1"><num value="22.1">§22.1</num><heading>Definitions</heading><content>The following words and terms, when used in chapter 22, shall have the following meanings, unless otherwise defined in a particular subchapter:(1) Academic Year--The combination of semesters defined by a public or private institution of higher education to fulfill the federal "academic year" requirement as defined by 34 CFR 668.3.(2) Attempted Semester Credit Hours--Every course in every semester for which a student has been registered as of the official Census Date, including but not limited to, repeated courses and courses the student drops and from which the student withdraws. For transfer students, transfer hours and hours for optional internship and cooperative education courses are included if they are accepted by the receiving institution towards the student's current program of study.(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(4) Categorical Aid--Gift aid that the institution does not award to the student, but that the student brings to the school from a non-governmental third party.(5) Commissioner--The Texas Commissioner of Higher Education.(6) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(7) Cost of Attendance/Total Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, personal expenses, and other allowable costs for financial aid purposes). (8) Credit--College credit earned through the successful completion of a college career and technical education or academic course that fulfills specific requirements necessary to obtain an industry-recognized credential, certificate, associate degree, or other academic degree.(9) Degree or Certificate Program of Four Years or Less--A baccalaureate degree, associate degree, or certificate program other than a program determined by the Coordinating Board to require four years or more to complete.(10) Degree or Certificate Program of More Than Four Years--A baccalaureate degree or certificate program determined by the Coordinating Board to require more than four years to complete.(11) Encumber--Program funds that have been officially requested by an institution through procedures developed by the Coordinating Board.(12) Equivalent of a Semester Credit Hour--A unit of measurement for a continuing education course, determined as a ratio of one continuing education unit to ten contact hours of instruction, which may be expressed as a decimal. For the purpose of conversion, 1.6 continuing education units of instruction equals one semester credit hour of instruction. In a continuing education course, not fewer than sixteen contact hours are equivalent to one semester credit hour.(13) Expected Family Contribution (EFC)--A student's Student Aid Index, as the term is defined in this section.(14) Federal Pell Grant Student Aid Index Cap or Federal Pell Grant Eligibility Cap--The maximum Pell Grant amount allowed under federal law in a given fiscal year.(15) Financial Need--The Cost of Attendance at a particular institution of higher education or private or independent institution of higher education less the Student Aid Index as those terms are defined in this section.(16) Forecast--The FORECAST function in Microsoft Excel, or a comparable forecasting function.(17) Full-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of twelve or more semester credit hours per semester. For graduate students, enrollment or expected enrollment for the normal full-time course load of the student's program of study as defined by the institution.(18) General Academic Teaching Institution--As defined in Texas Education Code, §61.003.(19) Gift Aid--Grants, scholarships, exemptions, waivers, and other financial aid provided to a student without a requirement to repay the funding or earn the funding through work.(20) Graduate Student--A student who has been awarded a baccalaureate degree and is enrolled in coursework leading to a graduate or professional degree.(21) Half-Time--For undergraduates, enrollment or expected enrollment for the equivalent of at least six but fewer than nine semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 50 percent of the normal full-time course load of the student's program of study as defined by the institution.(22) Institution of Higher Education--As defined by Texas Education Code, §61.003.(23) Medical or Dental Unit--As defined by Texas Education Code, §61.003.(24) Period of Enrollment--The semester or semesters within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all eligibility requirements for financial assistance offered under this chapter.(25) Private or Independent Institution of Higher Education--As defined by Texas Education Code, §61.003.(26) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Coordinating Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the determination of student eligibility, selection of recipients, maintenance of all records, and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the institution's chief executive officer, the director of student financial aid shall serve as Program Officer.(27) Public Junior College--As defined by Texas Education Code, §61.003.(28) Public State College--As defined by Texas Education Code, §61.003.(29) Public Technical Institute--As defined by Texas Education Code, §61.003.(30) Resident of Texas--A resident of the State of Texas as determined in accordance with chapter 13, subchapter K, of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.(31) Semester--A payment period, as defined by 34 CFR 668.4(a) or 34 CFR 668.4(b)(1).(32) Semester Credit Hour--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with Federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.(33) Student Aid Index (SAI)--A measure utilized to calculate a student's financial need as regulated and defined by the methodology used for federal student financial aid.(34) Three-Quarter-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of at least nine but fewer than twelve semester credit hours per semester. For graduate students, enrollment or expected enrollment for the equivalent of 75 percent of the normal full-time course load of the student's program of study as defined by the institution.(35) Undergraduate Student--An individual who has not yet received a baccalaureate degree.</content><note type="source"><p>Source Note: The provisions of this §22.1 adopted to be effective May 22, 2017, 42 TexReg 2719; amended to be effective December 5, 2019, 44 TexReg 7379; amended to be effective February 18, 2021, 46 TexReg 1057; amended to be effective May 18, 2023, 48 TexReg 2498; amended to be effective February 15, 2024, 49 TexReg 682; amended to be effective May 15, 2025, 50 TexReg 2786; amended to be effective February 12, 2026, 51 TexReg 728.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.2"><num value="22.2">§22.2</num><heading>Timely Distribution of Funds</heading><content>(a) All institutions participating in the financial aid programs outlined in chapter 22 and chapter 24 of this title (relating to Student Loan Programs), unless otherwise specified, shall follow the guidelines for the timely distribution of funds, as outlined in this section:(1) Timely Disbursement. Institutions shall disburse state student financial aid funding to a student recipient's account or, in the case of work-study, through a paycheck, no later than three business days after receiving the funds. Institutions must return undisbursed funds to the Coordinating Board no later than ten calendar days after the receipt of funds. Institutions may disburse gift aid and work-study funds for which a student is no longer eligible to a different eligible student for whom funds have not yet been requested in order to meet the timely disbursement requirement.(2) Timely Determination of Ineligibility. For state student financial aid funding already disbursed to a student, except work study, institutions shall return funds to the Coordinating Board within forty-five calendar days of a student becoming ineligible for the funding. Gift aid funds for which a student has been determined ineligible may be disbursed to a different eligible student for whom funds have not yet been requested in order to meet the timely determination of ineligibility requirement. In all cases, an institution must provide notification to the Coordinating Board regarding the change in student eligibility, as appropriate for the particular student financial aid program.(3) Timely Cancellation. For state student financial aid funds already disbursed to a student, except work-study, institutions may return funds to the Coordinating Board within 120 calendar days of disbursement in situations where a student has notified the institution of his or her decision to cancel the financial aid. Gift aid funds for which a student has made the decision to cancel may be disbursed to a different eligible student for whom funds have not yet been requested in order to meet the timely cancellation requirement. In all cases, an institution must provide notification to the Coordinating Board regarding the student's decision to cancel financial aid, as appropriate for the particular student financial aid program.(b) Re-offering of funds. Funds made available from financial aid adjustments, as detailed in §22.8 of this subchapter (relating to Financial Aid Adjustments) are subject to the requirements of timely determination of ineligibility in subsection (a)(2) of this section.(c) Late Disbursements of Gift Aid.(1) A student may receive a gift aid disbursement after the end of his/her period of enrollment if the student:(A) Owes funds to the institution for the period of enrollment for which the grant is being made; or(B) Received a student loan that is still outstanding for the period of enrollment.(2) Funds that are disbursed after the end of the student's period of enrollment must be used to either pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding student loan received during that period of enrollment. Under no circumstances are funds to be released to the student.(3) The institution shall retain documentation proving the late-disbursed funds were used to make a payment against an outstanding balance at the institution from the relevant period of enrollment and/or to make a payment against an outstanding loan taken out for the period of enrollment.(4) Unless granted an extension by the Coordinating Board, late disbursements must be processed prior to the end of the state fiscal year for which the funds were allocated to the institution.</content><note type="source"><p>Source Note: The provisions of this §22.2 adopted to be effective May 22, 2017, 42 TexReg 2719; amended to be effective November 16, 2022, 47 TexReg 7555; amended to be effective May 15, 2025, 50 TexReg 2786; amended to be effective February 12, 2026, 51 TexReg 728.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.3"><num value="22.3">§22.3</num><heading>Student Compliance with Selective Service Registration</heading><content>(a) An individual may not receive a loan, grant, scholarship, or other financial assistance funded by state revenue, including federal funds or gifts and grants accepted by this state, unless the individual files the Selective Service Statement of Registration Status with the institution granting or certifying the financial assistance. The language to be used in the Selective Service Statement of Registration Status is disseminated by Coordinating Board staff to institutions of higher education on an annual basis. Institutions may accept documentation from the Selective Service System of an individual's registration with the Selective Service in lieu of the required statement.(b) An individual who has demonstrated registration with the Selective Service through the Selective Service Statement of Registration Status or acceptable Selective Service System documentation is not required to file a statement of the individual's selective service status the next time the individual makes an application for financial assistance to the same institution of higher education. An individual who has not previously demonstrated registration with the Selective Service through the Selective Service Statement of Registration Status or acceptable Selective Service System documentation is required to file a statement of the individual's selective service status the next time the individual makes an application for financial assistance.(c) This section does not apply to:(1) a female individual, if females are not subject to general selective service registration under federal law; or(2) an individual older than the maximum age at which an individual is required to be registered with the selective service system under federal law.(d) Authority for this section is provided in Texas Education Code, Chapter 51, Section 51.9095.</content><note type="source"><p>Source Note: The provisions of this §22.3 adopted to be effective February 28, 2018, 43 TexReg 1083; amended to be effective May 19, 2022, 47 TexReg 2860.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.4"><num value="22.4">§22.4</num><heading>Records Retention</heading><content>(a) An institution shall maintain its records and accounts of all transactions related to state and federal student financial aid in keeping with the institution's records retention schedule to ensure a full accounting for all funds received, disbursed, and expended by the institution. (b) Records and accounts shall be available for inspecting, monitoring, programmatic or financial auditing, or evaluation by the Coordinating Board, and by others authorized by law or regulation, for a period (whichever is later): (1) not less than seven (7) years after the date of the completion of the award period;(2) the date of the receipt of the institution's final claim for payment of final expenditure report; or (3) until a resolution of all billing questions in connection with the account has been resolved. (c) Records and accounts shall include, but are not limited to, general institutional and program specific record-keeping requirements in accordance with Federal Student Aid Title IV regulations (USOE, 34 CFR §668.24). (d) If an audit is announced, an institution shall retain its records until the audit has been completed or not less than seven (7) years after the expiration date of the Memorandum of Understanding for State Financial Aid Programs (MOU), Program Participation Agreement, or other operative written agreement between an institution and the Coordinating Board pertaining to financial aid, whichever is later. (1) An institution shall make available to the auditing entity all documents and other information related to state financial aid programs. (2) An institution and any subcontractors shall provide any information the auditing entity deems relevant to any monitoring, investigation, evaluation, or audit.</content><note type="source"><p>Source Note: The provisions of this §22.4 adopted to be effective February 28, 2018, 43 TexReg 1083; amended to be effective May 15, 2025, 50 TexReg 2786.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.5"><num value="22.5">§22.5</num><heading>Exclusion of Certain Resources in Determining Need for State Aid</heading><content>The right of a person to receive payments or benefits from the Higher Education Savings Plan, Prepaid Tuition Unit Undergraduate Education Program: Texas Tomorrow Fund II, or the Texas Save and Match Program, authorized in the Texas Education Code, Chapter 54, Subchapters G, H, or I, is not to be considered an asset of the person or otherwise included in the person's household income or other financial resources for purposes of determining the person's eligibility for a TEXAS grant or other state-funded financial assistance.</content><note type="source"><p>Source Note: The provisions of this §22.5 adopted to be effective August 27, 2018, 43 TexReg 5504.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.6"><num value="22.6">§22.6</num><heading>Applying for State Financial Aid</heading><content>(a) Priority deadline:(1) All general academic teaching institutions shall use January 15 as the priority application deadline to receive state financial aid.(2) The priority deadline is not to serve as a determination of eligibility for state financial aid, but otherwise eligible students who apply on or before the deadline shall be given priority consideration for available state financial aid before other applicants.(3) If the Commissioner determines that the ability of students to meet the deadline will be significantly impaired by a natural disaster, federal financial aid development, or other unforeseen exigent circumstance, the Commissioner may delay the priority deadline for a specific aid cycle, after consultation with representatives of the financial aid community. The updated priority deadline will be immediately published on THECB's public website.(b) Texas Application for State Financial Aid (TASFA):(1) The TASFA collects data necessary for determining state financial aid eligibility for those applicants classified as Texas residents, as outlined in Chapter 21, Subchapter B of this Part, who are not eligible to apply for federal financial aid using the Free Application for Federal Student Aid.(2) Beginning with the financial aid application cycle for academic year 2023-2024 and thereafter, the online TASFA available through the ApplyTexas website is the sole, acceptable online TASFA. All institutions participating in financial aid programs covered by this chapter must accept the data generated by the completion of this online TASFA.(3) Beginning with the financial aid application cycle for academic year 2023-2024 and thereafter, the TASFA document available through the ApplyTexas website is the sole, acceptable printable version of the TASFA, which institutions may accept from applicants who do not have access to the necessary technology to complete the online TASFA.(4) An institution is not prohibited from requiring an applicant to submit additional information to accompany the data received via the TASFA.(c) Authority for this section is provided in Texas Education Code, Chapter 56, Section 56.008 and Chapter 61, Section 61.07762.</content><note type="source"><p>Source Note: The provisions of this §22.6 adopted to be effective August 27, 2018, 43 TexReg 5504; amended to be effective May 19, 2022, 47 TexReg 2860; amended to be effective August 17, 2023, 48 TexReg 4392.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.7"><num value="22.7">§22.7</num><heading>Financial Aid Uses</heading><content>Neither an institution nor a student may use financial assistance offered through programs in chapter 22 or chapter 24 of this title (relating to Student Loan Programs) for any purpose other than paying for any usual and customary cost of attendance incurred by the student related to enrollment at a participating institution of higher education for the academic year for which funding was offered.</content><note type="source"><p>Source Note: The provisions of this §22.7 adopted to be effective May 15, 2025, 50 TexReg 2786; amended to be effective February 12, 2026, 51 TexReg 728.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.8"><num value="22.8">§22.8</num><heading>Financial Aid Adjustments</heading><content>(a) Withdrawal from Enrollment.(1) Gift Aid. If a student officially withdraws from enrollment, then the institution shall reduce the student's gift aid by the same percentage by which the student's tuition has been reduced per the institution's general institutional refund policy. (2) Loans. If a student officially withdraws from enrollment, the institution shall recalculate the student's cost of attendance to determine whether an adjustment to the student's state-funded loan aid is warranted. (3) If the student withdraws or drops classes after the end of the institution's refund period, no refunds are due to the program(s) from which the student received financial assistance.(b) Over Awards.(1) An over award occurs when a student's total financial assistance (including the student's state-funded and additional financial assistance) exceeds his/her financial need.(2) If an over award occurs, the institution shall resolve the over award by recalculating the student's amount of state-funded financial assistance in accordance with the institution's procedures, except the institution is not required to recalculate the student's financial aid if:(A) the over award occurred after state-funded financial assistance has been disbursed because the student received additional financial assistance that was not factored into the institution's estimate of his/her financial need; and(B) the student's total financial assistance exceeds his/her need by $300 or less.(c) Ineligibility. (1) If an institution determines that a student is ineligible for financial assistance from one or more programs in this chapter after receiving financial assistance from the program(s), the institution shall adjust the student's financial aid in accordance with the institution's procedures to either resolve the eligibility issue or remove the student from the program(s). (2) An institution may distribute gift aid funds for which a student has been deemed ineligible to a different eligible student or return the funds to the Coordinating Board in accordance with §22.2(a)(2) of this subchapter (relating to Timely Distribution of Funds).(d) If, for some reason not already specified in this section, the amount of a student's disbursement exceeds the amount the student is eligible to receive, the institution shall recalculate the student's financial aid accordingly.</content><note type="source"><p>Source Note: The provisions of this §22.8 adopted to be effective May 15, 2025, 50 TexReg 2786.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.9"><num value="22.9">§22.9</num><heading>Institutional Responsibilities</heading><content>(a) Probation Notice. If the institution is placed on probation by its accrediting agency, the institution shall immediately notify the Coordinating Board and advise state financial aid recipients of this condition and maintain evidence to demonstrate that state financial aid program recipients were so informed. (b) Disbursements to Students. (1) Documentation. Each institution shall maintain records to prove the crediting of state financial aid program funds to the student's school account. (2) Procedures in Case of Unauthorized Disbursements. If an institution receives an audit or compliance monitoring finding or otherwise determines that the institution has disbursed state financial aid program funds for unauthorized purposes, whether over-allocated, misused, or misallocated, the Program Officer shall notify the Coordinating Board within five business days. (3) If the Commissioner determines that the institution has made an unauthorized disbursement, the Commissioner will notify the Program Officer of this determination in writing.(4) The Commissioner may demand, in writing, that the institution return the funds to the Coordinating Board. The institution may comply with this demand and return the funds to the Coordinating Board within thirty calendar days of receipt, unless the Commissioner specifically permits a later deadline. If the institution elects not to comply with this demand, the Coordinating Board may utilize additional tools of recovery, as permitted by law, including any means of recovery authorized by Texas Education Code, §61.035.(5) In addition, the Commissioner may subject the institution to compliance monitoring. (6) The Coordinating Board shall not disburse further funds from the program in question to the institution until the funds have been repaid. (c) Reporting Requirements/Deadlines. Each institution shall submit such reports and information as the Coordinating Board may require in connection with the administration or evaluation of the state financial aid programs. These materials must be submitted within the time allotted by the Coordinating Board for each such report or information request. The Program Officer shall ensure that all reports and information provided to the Coordinating Board properly reflect the facts and certify that those reports may be relied upon as being complete and accurate. (d) Compliance Monitoring. If selected for such by the Board, Commissioner, or Internal Auditor, a participating institution shall submit to reviews of activities related to state financial aid programs.</content><note type="source"><p>Source Note: The provisions of this §22.9 adopted to be effective December 5, 2019, 44 TexReg 7380; amended to be effective May 15, 2025, 50 TexReg 2786.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.10"><num value="22.10">§22.10</num><heading>Grade Point Average Calculations for Satisfactory Academic Progress</heading><content>(a) Each institution shall calculate grade point average in accordance with institutional policies. (b) Subject to any specific statutory requirements, in determining whether a financial aid recipient has met the grade point average requirements for satisfactory academic progress for a given program, an institution may calculate an overall grade point average based on classes and grade points from that institution only or based on all classes and grade points previously earned at one or more other institutions. If the resulting grade point average exceeds the program's academic progress requirement, an otherwise eligible student may receive an award in the following academic year. (c) If a financial aid recipient's grade point average falls below the satisfactory academic progress requirements and the student transfers to another institution, or has transferred from another institution, the receiving institution cannot make a subsequent offer to the transfer student until the student provides official transcripts of previous coursework to the current institution's financial aid office and the institution re-calculates an overall grade-point average, including hours and grade points for courses taken at the previous and current institutions, that proves the student's overall grade point average now meets or exceeds the satisfactory academic progress requirements.</content><note type="source"><p>Source Note: The provisions of this §22.10 adopted to be effective December 5, 2019, 44 TexReg 7380; amended to be effective May 15, 2025, 50 TexReg 2786.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scA/s22.11"><num value="22.11">§22.11</num><heading>Authority to Transfer Funds</heading><content>(a) An institution participating in two or more of the following programs: Toward EXcellence, Access and Success Grant, Texas Educational Opportunity Grant, Tuition Equalization Grant, and Texas College Work-Study Programs, in accordance with instructions from the Coordinating Board, may transfer current fiscal year funds up to the lesser of 25 percent or $60,000 between these programs. This threshold applies to the program from which the funds are transferred. (b) An institution shall submit a request for transfer under subsection (a) of this section by the annual deadline published by the Coordinating Board, and the transfer must occur by July 1 of the current fiscal year.</content><note type="source"><p>Source Note: The provisions of this §22.11 adopted to be effective December 5, 2019, 44 TexReg 7380; amended to be effective November 22, 2020, 45 TexReg 8339; amended to be effective May 19, 2022, 47 TexReg 2860; amended to be effective May 15, 2025, 50 TexReg 2786.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scB"><num value="B">SUBCHAPTER B</num><heading>TUITION EQUALIZATION GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.21"><num value="22.21">§22.21</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter F, the Tuition Equalization Grant Program. This subchapter establishes procedures to administer Texas Education Code, §§61.221 - 61.230.(b) Purpose. The purpose of the Tuition Equalization Grant (TEG) Program is to promote the best use of existing educational resources and facilities within this state, both public and private, by providing need-based grants to Texas residents enrolled in any approved private or independent Texas college or university.</content><note type="source"><p>Source Note: The provisions of this §22.21 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective December 5, 2019, 44 TexReg 7381.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.22"><num value="22.22">§22.22</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions) the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Adjusted Gross Need--An amount equal to a student's financial need less the amount of his or her Federal Pell Grant and any categorical aid the student might have brought to the institution. (2) First Grant--The first Tuition Equalization Grant ever offered to and received by a specific student. (3) Program or TEG--The Tuition Equalization Grant Program. (4) Subsequent Grant--A TEG grant received in any academic year other than the year in which an individual received his or her first TEG grant. (5) Tuition Differential--The difference between the tuition paid at the private or independent institution attended and the tuition the student would have paid to attend a comparable public institution.</content><note type="source"><p>Source Note: The provisions of this §22.22 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective February 28, 2012, 37 TexReg 1333; amended to be effective March 4, 2014, 39 TexReg 1366; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective May 22, 2017, 42 TexReg 2721; amended to be effective August 27, 2018, 43 TexReg 5505; amended to be effective December 5, 2019, 44 TexReg 7381; amended to be effective May 18, 2023, 48 TexReg 2500; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.23"><num value="22.23">§22.23</num><heading>Eligible Institutions</heading><content>(a) Eligibility. (1) Any private or independent institution of higher education, as defined in §22.1 of this chapter (relating to Definitions), or a branch campus of a private or independent institution of higher education located in Texas and accredited on its own or with its main campus institution by the Commission on Colleges of the Southern Association of Colleges and Schools, is eligible to participate in the TEG Program. (2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of, the program described in this subchapter. (3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-352) in avoiding discrimination in admissions or employment. (4) A private or independent institution of higher education that previously qualified under paragraph (1) of this subsection but no longer holds the same accreditation as public institutions of higher education may temporarily participate in the TEG Program if it is: (A) accredited by an accreditor recognized by the Board; (B) actively working toward the same accreditation as public institutions of higher education; (C) participating in the federal financial aid program under 20 United States Code (U.S.C.) §1070a; and (D) a "part B institution" as defined by 20 U.S.C. §1061(2) and listed in 34 Code of Federal Regulations §608.2. (5) The Commissioner may grant temporary approval to participate in the TEG program to an institution described under paragraph (4) of this subsection for a period of two years. The Commissioner may renew that approval for a given institution twice, each for a period of two additional years. (6) A private or independent institution of higher education that previously qualified under paragraph (1) of this subsection but no longer holds the same accreditation as public institutions of higher education is eligible to participate in the TEG Program if it is: (A) accredited by an accreditor recognized by the Board in accordance with §7.6 of this title (relating to Recognition of Accrediting Agencies); (B) a work college, as that term is defined by 20 U.S.C. Section 1087-58; and (C) participating in the federal financial aid program under 20 U.S.C. §1070(a). (b) Participation Requirements. (1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, prior to participating in the program, the terms of which shall be prescribed by the Commissioner. (2) Intent to Participate. An eligible institution interested in participating in the Program must indicate this intent by June 1 of each odd-numbered year in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal biennium. An eligible institution's data submissions, as required in §22.29 of this subchapter (relating to Allocation of Funds), must occur on or before the institution's indication of its intent to participate. (c) Responsibilities. Participating institutions are required to abide by the General Provisions outlined in subchapter A of this chapter (relating to General Provisions).</content><note type="source"><p>Source Note: The provisions of this §22.23 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective November 20, 2013, 38 TexReg 8199; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective May 22, 2017, 42 TexReg 2721; amended to be effective August 30, 2017, 42 TexReg 4302; amended to be effective December 5, 2019, 44 TexReg 7381; amended to be effective May 18, 2023, 48 TexReg 2500; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.24"><num value="22.24">§22.24</num><heading>Eligible Students</heading><content>(a) To receive a grant through the TEG Program, a student must: (1) be enrolled at least three-quarter-time; (2) show financial need, as defined by §22.1 of this chapter (relating to Definitions); (3) maintain satisfactory academic progress in his or her program of study as determined by the institution at which the person is enrolled and as required by §22.25 of this subchapter (relating to Satisfactory Academic Progress); (4) be a resident of Texas, as defined in §22.1 of this chapter; (5) be enrolled in a participating institution in an individual degree plan leading to the student's first associate degree, first baccalaureate degree, first master's degree, first professional degree, or first doctoral degree; (6) be required to pay more tuition than is required at a comparable public college or university and be charged no less than the tuition required of all similarly situated students at the institution; (7) not concurrently receive any form of athletic scholarship; and(8) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration).(b) To demonstrate eligibility for exceptional TEG need, a student must: (1) be an undergraduate student; and (2) have a Student Aid Index less than or equal to fifty percent of the Federal Pell Grant eligibility cap for the academic year in which the grant is offered.</content><note type="source"><p>Source Note: The provisions of this §22.24 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective May 24, 2011, 36 TexReg 3186; amended to be effective September 6, 2011, 36 TexReg 5686; amended to be effective February 28, 2012, 37 TexReg 1333; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective May 22, 2017, 42 TexReg 2721; amended to be effective November 29, 2017, 42 TexReg 6625; amended to be effective December 5, 2019, 44 TexReg 7381; amended to be effective May 18, 2023, 48 TexReg 2500; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.25"><num value="22.25">§22.25</num><heading>Satisfactory Academic Progress</heading><content>(a) Eligibility at End of First Grant Year. Students who complete their first year receiving a Tuition Equalization Grant in compliance with their institutions' financial aid satisfactory academic progress requirements are eligible to receive subsequent awards in the following year if they meet the other requirements listed in §22.24 of this subchapter (relating to Eligible Students). (b) Eligibility at End of a Subsequent Grant Year. Students shall, unless granted a hardship provision in accordance with §22.27 of this subchapter (relating to Hardship Provisions), as of the end of an academic year in which the student receives a subsequent grant: (1) have completed at least: (A) for undergraduate students, 24 semester credit hours in the most recent academic year; or (B) for graduate students, 18 semester credit hours in the most recent academic year; (2) have an overall cumulative grade-point average of at least 2.5 on a four-point scale or its equivalent; and(3) have completed at least 75 percent of the semester credit hours attempted in the most recent academic year. (c) The institution shall calculate a student's GPA in accordance with §22.10 of this chapter (relating to Grade Point Average Calculations for Satisfactory Academic Progress). (d) The completion rate calculations may be made in keeping with institutional policies.</content><note type="source"><p>Source Note: The provisions of this §22.25 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective February 28, 2012, 37 TexReg 1333; amended to be effective November 20, 2013, 38 TexReg 8199; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective November 29, 2017, 42 TexReg 6625; amended to be effective December 5, 2019, 44 TexReg 7381; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.26"><num value="22.26">§22.26</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>(a) Discontinuation of Eligibility. (1) Unless granted a hardship provision in accordance with §22.27 of this subchapter (relating to Hardship Provisions), an undergraduate student shall no longer be eligible for a TEG as of: (A) five years from the start of the semester in which the student received his or her first grant, if the student is enrolled in a degree or certificate program of four years or less; or (B) six years from the start of the semester in which the student received his or her first grant, if the student is enrolled in a degree or certificate program of more than four years. (2) A graduate student may continue to receive grants as long as he or she meets the relevant eligibility requirements of §22.24 and §22.25 of this subchapter (relating to Eligible Students and Satisfactory Academic Progress respectively). (b) Other than as described in §22.27 of this subchapter, if a person fails to meet any of the requirements for receiving a grant as outlined in §22.24 or §22.25 of this subchapter after completion of any year, the person may not receive a TEG until he or she completes a semester of at least three-quarter-time enrollment while not receiving a TEG and meets all the requirements of §22.24 and §22.25 of this subchapter as of the end of that semester.</content><note type="source"><p>Source Note: The provisions of this §22.26 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective June 2, 2014, 39 TexReg 4243; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective December 5, 2019, 44 TexReg 7381; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.27"><num value="22.27">§22.27</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause, the Program Officer at an eligible institution may allow an otherwise eligible student to receive a TEG: (1) while enrolled less than three-quarter-time; (2) if the student's grade point average, number of hours completed, or percent of attempted hours completed falls below the satisfactory academic progress requirements as referred to in §22.25 of this subchapter (relating to Satisfactory Academic Progress); or (3) if the student has taken more time to complete his/her undergraduate certificate or degree than specified in §22.26 of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility). (b) Hardship conditions or other good cause may include, but are not limited to: (1) documentation of a severe illness or other debilitating condition that may affect the student's academic performance; (2) documentation that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; (3) documentation of the birth of a child or placement of a child with the student for adoption or foster care, that may affect the student's academic performance; or(4) a student's need to complete fewer than the required minimum number of hours in a given term in order to complete a degree, in which case the grant amount should be determined on a pro rata basis for a full-time grant. (c) The institution shall retain documentation of the approved hardship circumstances in the student's files, and the institution must identify students approved for a grant based on a hardship to the Coordinating Board.(d) Each institution shall adopt a hardship policy under this section and make the policy publicly available to students through the financial aid office.</content><note type="source"><p>Source Note: The provisions of this §22.27 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective December 5, 2019, 44 TexReg 7381; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.28"><num value="22.28">§22.28</num><heading>Grant Amounts</heading><content>(a) The Coordinating Board will determine and announce the TEG program maximum in accordance with Texas Education Code, §61.227. (b) Grant Amount. Each academic year, no grant shall exceed the least of: (1) the student's financial need; (2) the student's tuition differential; or (3) the maximum grant allowed based on the student's EFC, which is: (A) 150 percent of the program maximum for undergraduate students demonstrating exceptional TEG need, as outlined in §22.24(b) of this subchapter (relating to Eligible Students); or (B) the program maximum for all other eligible students. (c) Term or Semester Disbursement Limit. The amount of any disbursement in a single term or semester may not exceed the student's financial need or tuition differential for that term or semester or the program maximum for the academic year, whichever is the least. (d) Grant calculations and disbursements are to be completed in accordance with subchapter A of this chapter (relating to General Provisions).</content><note type="source"><p>Source Note: The provisions of this §22.28 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective December 5, 2019, 44 TexReg 7381; amended to be effective November 22, 2020, 45 TexReg 8339; amended to be effective May 18, 2023, 48 TexReg 2500; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.29"><num value="22.29">§22.29</num><heading>Allocation of Funds</heading><content>(a) The Coordinating Board determines allocations for the TEG Program on an annual basis as follows: (1) The Coordinating Board will invite eligible institutions to participate; those choosing not to participate will be left out of the calculations for the relevant year. (2) The allocation share for each institution choosing to participate will be its three-year average share of the total statewide amount of the total amount of TEG funds that eligible students at an approved institution could receive if the program were fully funded, subject to the limits in Texas Education Code, §61.227(c) and (e), based on the students who met the following criteria: (A) Enrollment on at least a three-quarter-time basis; (B) A Student Aid Index, calculated using federal methodology, that results in demonstrated Adjusted Gross Need greater than zero; (C) Maintain satisfactory academic progress in his or her program of study as required by §22.24(a)(3) of this subchapter (relating to Eligible Students); (D) Classified as a Resident of Texas; (E) Be enrolled in an approved institution in an individual degree plan leading to a first associate degree, first baccalaureate degree, first master's degree, first professional degree, or first doctoral degree; (F) Be required to pay more tuition than is required at a comparable public college or university and be charged no less than the tuition required of all similarly situated students at the institution; and (G) Not be a recipient of any form of athletic scholarship. (3) The source of data used for the allocations are the three most recently certified Financial Aid Database (FADS) reports submitted to the Coordinating Board by the institutions. (4) A student's TEG need may not exceed the least of his or her adjusted gross need, tuition differential, or the TEG maximum award as set in accordance with Texas Education Code, §61.227(c). (5) A student's exceptional TEG need plus TEG need may not exceed the least of the student's adjusted gross need, tuition differential or 150 percent of the current year's statutory TEG maximum award as set in accordance with Texas Education Code, §61.227(c). (6) The maximum amount of need that may be recorded for any single student in the allocation calculation may not exceed the sum of his or her TEG need plus his or her exceptional TEG need. (7) The total amount allocated for an institution may not exceed the sum of the individual maximum amount of need for all students calculated using the sources of data outlined in paragraph (3) of this subsection. (8) Verification of Data. The Coordinating Board will provide the TEG allocation spreadsheet to the institutions for review and the institutions will be given 10 business days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the spreadsheet accurately reflects the data they submitted or to advise the Coordinating Board of any inaccuracies. (9) The Coordinating Board will complete allocations for both years of the state appropriations' biennium at the same time. For the allocations process of the second year of the state appropriations' biennium, the sources of data outlined in paragraph (3) of this subsection will be utilized to forecast an additional year of data. This additional year of data, in combination with the two most recent years outlined in paragraph (3) of this subsection, will be utilized to calculate the three-year average share outlined in paragraph (2) of this subsection. Institutions will receive notification of their allocations for both years of the biennium at the same time. (b) Reductions in Funding. (1) If annual funding for the program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations. (2) If annual funding for the program is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.</content><note type="source"><p>Source Note: The provisions of this §22.29 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective March 4, 2014, 39 TexReg 1366; amended to be effective March 4, 2015, 40 TexReg 925, amended to be effective February 22, 2017, 42 TexReg 686; amended to be effective November 29, 2017, 42 TexReg 6625; amended to be effective August 27, 2018, 43 TexReg 5505; amended to be effective May 18, 2023, 48 TexReg 2500; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scB/s22.30"><num value="22.30">§22.30</num><heading>Disbursement of Funds</heading><content>As requested by institutions throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Distribution of Funds). Institutions will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, institutions lose claim to any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Board's program for utilization in grant processing. Should these unspent funds result in additional funding available for the next biennium's program, revised allocations, calculated according to the allocation methodology specified in §22.29 of this subchapter (relating to Allocation of Funds), will be issued to participating institutions during the fall semester.</content><note type="source"><p>Source Note: The provisions of this §22.30 adopted to be effective May 18, 2023, 48 TexReg 2500; amended to be effective May 15, 2025, 50 TexReg 2789.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scD"><num value="D">SUBCHAPTER D</num><heading>TEXAS PUBLIC EDUCATIONAL GRANT AND EMERGENCY TUITION, FEES, AND TEXTBOOK LOAN PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scD/s22.61"><num value="22.61">§22.61</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 56, Subchapter C and D. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§56.031 - 56.055.(b) The purpose of the Texas Public Educational Grant and Emergency Tuition, Fees, and Textbook Loan Programs are to provide need-based grants and emergency loans assistance to students attending public institutions of higher education in Texas.</content><note type="source"><p>Source Note: The provisions of this §22.61 adopted to be effective August 16, 2004, 29 TexReg 7984; amended to be effective August 27, 2018, 43 TexReg 5508.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scD/s22.62"><num value="22.62">§22.62</num><heading>Definitions</heading><content>The following word and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise: Program--The Texas Public Educational Grant and Emergency Tuition, Fees, and Textbook Loan Programs.</content><note type="source"><p>Source Note: The provisions of this §22.62 adopted to be effective August 27, 2018, 43 TexReg 5508.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scD/s22.63"><num value="22.63">§22.63</num><heading>Institutions</heading><content>(a) All institutions of higher education as defined in Texas Education Code, §61.003(8) shall set tuition revenues aside for making grants and/or emergency loans through the Program.(b) Institutions may also use funds generated through the Student Deposit Scholarship Program established in Texas Education Code, §54.5021 or through the License Plate Insignia Scholarship Program, Transportation Code, §504.615, to make need-based grants to students.</content><note type="source"><p>Source Note: The provisions of this §22.63 adopted to be effective August 27, 2018, 43 TexReg 5508.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scD/s22.64"><num value="22.64">§22.64</num><heading>Coordinating Board Responsibilities</heading><content>The Coordinating Board shall perform the following services with regard to the Program:(1) Accept funds transferred to the Coordinating Board by institutions for use in matching federal or state grant funds, assure such matching funds are used to assist institutions and students with the greatest financial need, and return any funds on deposit from institutions if matching funds are not available.(2) Monitor institutional use of program funds and accept funds transferred to the Coordinating Board by institutions which fail to fully utilize the grant funds set aside in accordance with Program requirements. If an institution's year-end Program balance, including funds on deposit with the Coordinating Board, exceeds 150 percent of the amount set aside from tuition, the excess funds shall be sent to the Coordinating Board which shall use the funds for the Toward EXcellence, Access and Success Grant Program.</content><note type="source"><p>Source Note: The provisions of this §22.64 adopted to be effective August 27, 2018, 43 TexReg 5508; amended to be effective May 16, 2024, 49 TexReg 3275.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scD/s22.65"><num value="22.65">§22.65</num><heading>Use of Funds</heading><content>(a) Funds generated through tuition set-asides may be used to:(1) make need-based grants to resident or nonresident students; and(2) fund emergency tuition, fee, and book loans as described in §22.66 of this title, (relating to Loan Repayment Deferral and Forgiveness).(b) Funds transferred into the Program from the Student Deposit Scholarship Program shall only be used for making need-based grants to resident students.(c) Funds transferred into the Program from the License Plate Insignia Scholarship Program shall only be used to make need-based grants to resident or nonresident students.</content><note type="source"><p>Source Note: The provisions of this §22.65 adopted to be effective August 27, 2018, 43 TexReg 5508.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scD/s22.66"><num value="22.66">§22.66</num><heading>Loan Repayment Deferral and Forgiveness</heading><content>(a) An institution may extend the time for repayment of loans for students who enroll in graduate or professional degree programs for up to three years, but not longer than one year beyond the time when the student fails to be enrolled in the institution on at least a half-time basis.(b) An institution shall forgive an emergency loan to an individual who has been certified by a physician as having a total and permanent disability. Total and permanent disability means the borrower is:(1) unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death, that has lasted for a continuous period of not less than 60 months, or that can be expected to last for a continuous period of not less than 60 months; or(2) the applicant is a veteran who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected disability.(c) An institution shall maintain documentation justifying the deferral of repayments or the forgiveness of emergency loans for review by the State Auditor.</content><note type="source"><p>Source Note: The provisions of this §22.66 adopted to be effective August 27, 2018, 43 TexReg 5508.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scF"><num value="F">SUBCHAPTER F</num><heading>MATCHING SCHOLARSHIPS TO RETAIN STUDENTS IN TEXAS</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scF/s22.112"><num value="22.112">§22.112</num><heading>Authority and Purpose</heading><content>(a) Authority for this subchapter is provided in Texas Education Code, §61.087, Matching Scholarships to Retain Students in Texas.(b) The purpose of this program is to enable eligible institutions to use funds appropriated to it to encourage Texas students to attend college in Texas rather than go to college out of state.</content><note type="source"><p>Source Note: The provisions of this §22.112 adopted to be effective December 28, 1999, 24 TexReg 11749; amended to be effective August 25, 2008, 33 TexReg 6814; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scF/s22.113"><num value="22.113">§22.113</num><heading>Eligible Institutions</heading><content>Eligible institutions include institutions of higher education and private or independent institutions of higher education as defined in §22.1 of this chapter (relating to Definitions).</content><note type="source"><p>Source Note: The provisions of this §22.113 adopted to be effective August 27, 2018, 43 TexReg 5509; amended to be effective May 15, 2025, 50 TexReg 761.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scF/s22.114"><num value="22.114">§22.114</num><heading>Eligible Students</heading><content>To be eligible to receive a scholarship under this subchapter, a student must:(1) be a resident of Texas, as defined in §22.1 of this chapter (relating to Definitions);(2) provide proof to the Texas institution that he or she has been offered a non-athletic scholarship or grant, including an offer of payment of tuition, fees, room and board, or a stipend, by an out-of-state institution; and(3) have been accepted for admission to the out-of-state institution offering the assistance.</content><note type="source"><p>Source Note: The provisions of this §22.114 adopted to be effective August 27, 2018, 43 TexReg 5509; amended to be effective May 15, 2025, 50 TexReg 761.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scF/s22.115"><num value="22.115">§22.115</num><heading>Funds for Awards</heading><content>(a) Upon receipt of proof that a student is eligible, an eligible institution may use any funds appropriated to the institution or other funds that the institution may use for scholarships or grants, to offer the student a scholarship that matches, in whole or in part, the offer from the out-of-state institution.(b) In identifying which funds may be used for making matching scholarships through this subchapter, the institution must exclude funds for any program for which the student recipient would be disqualified by federal or state statute, donor specifications, or any funds that are otherwise restricted by law.</content><note type="source"><p>Source Note: The provisions of this §22.115 adopted to be effective August 27, 2018, 43 TexReg 5509; amended to be effective May 15, 2025, 50 TexReg 761.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scG"><num value="G">SUBCHAPTER G</num><heading>TEXAS COLLEGE WORK-STUDY PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.127"><num value="22.127">§22.127</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 56, Subchapter E. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§56.071 - 56.079.(b) Purpose. The purpose of the Texas College Work-Study Program is to provide eligible students with jobs, funded in part by the State of Texas, to enable those students to attend eligible institutions of higher education in Texas and, through a mentorship program, to mentor, tutor, or advise college students at participating eligible institutions of higher education or high school students within local school districts and non-profit organizations.</content><note type="source"><p>Source Note: The provisions of this §22.127 adopted to be effective August 16, 2004, 29 TexReg 7977; amended to be effective November 28, 2005, 30 TexReg 7857; amended to be effective May 16, 2006, 31 TexReg 3873; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 3, 2020, 45 TexReg 5340.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.128"><num value="22.128">§22.128</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Mentor--An eligible student employed to:(A) help students at participating eligible institutions or to help high school students in participating school districts;(B) counsel high school students at high school-based recruiting centers designed to improve access to higher education; or(C) support student interventions at participating eligible institutions that are focused on increasing completion of degrees or certificates, such as interventions occurring through advising or supplemental instruction.(2) Mentorship Program--A work-study student mentorship program under which students enrolled at participating institutions and who met the eligibility requirements for employment in the Texas College Work-Study Program may be employed by participating entities as mentors, tutors, or advisors.(3) Participating Entity--An eligible institution, a school district, or a nonprofit organization that has filed a memorandum of understanding with the Coordinating Board under this subchapter to participate in the Mentorship Program.(4) Program--The Texas College Work-Study Program.</content><note type="source"><p>Source Note: The provisions of this §22.128 adopted to be effective August 16, 2004, 29 TexReg 7977; amended to be effective November 28, 2005, 30 TexReg 7857; amended to be effective May 16, 2006, 31 TexReg 3873; amended to be effective August 16, 2007, 32 TexReg 4976; amended to be effective August 25, 2008, 33 TexReg 6814; amended to be effective May 26, 2010, 35 TexReg 4154; amended to be effective February 28, 2012, 37 TexReg 1330; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 22, 2019, 44 TexReg 4312; amended to be effective August 3, 2020, 45 TexReg 5340; amended tobe effective November 16, 2022, 47 TexReg 7555; amended to be effective May 15, 2025, 50 TexReg 762.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.129"><num value="22.129">§22.129</num><heading>Eligible Institutions</heading><content>(a) Eligibility.(1) Any institution of higher education or private or independent institution of higher education, as the terms are defined by §22.1 of this chapter (relating to Definitions), is eligible to participate in the Program and/or the Mentorship Program.(2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment.(4) Private or independent institutions of higher education offering only professional or graduate degrees are not eligible to participate in the Mentorship Program.(b) Approval.(1) Agreement. Each approved institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner.(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to be employed in a work-study position in the following fiscal year.(c) To participate in the Program as an employer, an institution must:(1) provide part-time employment to an eligible student in nonpartisan and nonsectarian activities;(2) provide, insofar as is practicable, employment to an eligible student that is related to the student's academic interests;(3) use Program positions only to supplement and not to supplant positions normally filled by persons not eligible to participate in the work-study program; and(4) provide not less than 25 percent of an employed student's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds. Institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Program requirement to provide 25 percent of an employed student's wages, if they provide the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.(d) To participate in the Mentorship Program as an employer, an institution must:(1) file with the Coordinating Board a memorandum of understanding detailing the roles and responsibilities of each participating entity; and(2) provide not less than 10 percent of an employed mentor's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds. Institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Mentorship Program requirement to provide 10 percent of an employed student's wages, if they provide the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.(e) Publicizing Work-Study Employment Opportunities. Institutions participating in the Program must establish and maintain an online list of work-study employment opportunities available on campus, sorted by department as appropriate, and ensure that the list is easily accessible to the public and prominently displayed on the institution's website.</content><note type="source"><p>Source Note: The provisions of this §22.129 adopted to be effective August 16, 2004, 29 TexReg 7977; amended to be effective November 28, 2005, 30 TexReg 7857; amended to be effective February 22, 2016, 41 TexReg 1231; amended to be effective May 22, 2017, 42 TexReg 2719; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 22, 2019, 44 TexReg 4312; amended to be effective August 3, 2020, 45 TexReg 5340; amended to be effective May 15, 2025, 50 TexReg 762.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.130"><num value="22.130">§22.130</num><heading>Eligible Students</heading><content>(a) To be eligible for employment in the Program a person shall:(1) be a resident of Texas, as defined by §22.1 of this chapter (relating to Definitions);(2) be enrolled at least half-time, as determined by the student's institution, and be seeking a degree or certificate in an eligible institution;(3) show financial need, as defined by §22.1 of this chapter;(4) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration; and(5) if participating in the Mentorship Program, receive appropriate training and supervision as determined by the Coordinating Board.(b) A person is not eligible to participate in the Program if the person concurrently receives an athletic scholarship.</content><note type="source"><p>Source Note: The provisions of this §22.130 adopted to be effective August 16, 2004, 29 TexReg 7977; amended to be effective November 28, 2005, 30 TexReg 7857; amended to be effective May 16, 2006, 31 TexReg 3873; amended to be effective August 16, 2007, 32 TexReg 4976; amended to be effective August 25, 2008, 33 TexReg 6814; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 22, 2019, 44 TexReg 4312; amended to be effective August 3, 2020, 45 TexReg 5340; amended to be effective May 15, 2025, 50 TexReg 762.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.131"><num value="22.131">§22.131</num><heading>Eligible Off-Campus Employers</heading><content>(a) For the Mentorship Program, an eligible institution must file, in conjunction with the participating school district(s) or nonprofit organization(s), a memorandum of understanding with the Coordinating Board.(b) For the Mentorship Program, a participating entity, other than an institution of higher education, benefiting from the services of the mentor must provide funding in an amount at least equal to the amount of the institution's contribution, as described by §22.129(d)(2) of this subchapter (relating to Eligible Institutions). The participating entity's contribution may be satisfied through in-kind contributions, if acceptable by the institution.(c) An eligible institution may enter into agreements with off-campus employers to participate in the Program. To be eligible to participate, an off-campus employer must:(1) provide part-time employment to an eligible student in nonpartisan and nonsectarian activities;(2) provide, insofar as is practicable, employment to an eligible student that is related to the student's academic interests;(3) use Program positions only to supplement and not to supplant positions normally filled by persons not eligible to participate in the work-study program; and(4) either:(A) unless the institution enrolling the eligible student is eligible for a waiver of matching funds under §22.129(c)(4) of this subchapter, provide not less than 25 percent of an employed student's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds, if the employer is a nonprofit entity; or(B) provide not less than 50 percent of an employed student's wages and 100 percent of other employee benefits for the employed student, if the employer is a profit-making entity.</content><note type="source"><p>Source Note: The provisions of this §22.131 adopted to be effective August 16, 2007, 32 TexReg 4977; amended to be effective February 22, 2016, 41 TexReg 1231; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 22, 2019, 44 TexReg 4312; amended to be effective August 3, 2020, 45 TexReg 5340; amended to be effective May 15, 2025, 50 TexReg 762.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.132"><num value="22.132">§22.132</num><heading>Award Amounts</heading><content>Award Amount. No award amount shall exceed a student's financial need.</content><note type="source"><p>Source Note: The provisions of this §22.132 adopted to be effective August 16, 2007, 32 TexReg 4977; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 22, 2019, 44 TexReg 4312; amended to be effective August 3, 2020, 45 TexReg 5340.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.133"><num value="22.133">§22.133</num><heading>Allocation of Funds</heading><content>(a) Allocations for the Program are to be determined on an annual basis as follows:(1) All eligible institutions will be invited to participate in the Texas College Work-Study Program and/or the Work-Study Mentorship Program, prior to the start of the biennium; those choosing not to participate will be excluded from calculations for the relevant year.(2) The annual allocation share for each institution choosing to participate will be its three-year average share of the total statewide number of students who met the following criteria:(A) were residents of Texas, as defined in §22.1 of this chapter (relating to Definitions);(B) were enrolled in a degree or certificate program at least half-time, with full-time students weighted as 1, three-quarter time students weighted as 0.75, and half-time students weighted as 0.50, as reported in the Financial Aid Database submission; and(C) have a 9-month Expected Family Contribution, calculated using federal methodology, less than or equal to the Federal Pell Grant eligibility cap for the year reported in the Financial Aid Database submission.(3) Institutions indicating participation in both the Texas College Work-Study and the Work-Study Mentorship Program will have their number of students who meet the criteria listed above increased by 60 percent prior to the calculation of the allocation shares.(4) Institutions indicating participation in only one of the Texas College Work-Study and the Work-Study Mentorship Programs may only use allocated funding for the program in which they indicated intention to participate. Institutions indicating participation in both the Texas College Work-Study and the Work-Study Mentorship Program must disburse a minimum of 25 percent of their allocation to students participating in the Mentorship Program.(5) Sources of data. The source of data used for the allocations are the three most recently certified Financial Aid Database reports submitted to the Coordinating Board by the institutions.(6) Allocations for both years of the state appropriations' biennium will be completed at the same time. For the allocation process of the second year of the state appropriations' biennium, the sources of data outlined in paragraph (5) of this subsection will be utilized to forecast an additional year of data. This additional year of data, in combination with the two most recent years outlined in paragraph (5) of this subsection, will be utilized to calculate the three-year average share outlined in paragraph (2) of this subsection. Institutions will receive notification of their allocations for both years of the biennium at the same time.(b) Verification of Data. Allocation calculations will be shared with all participating institutions for comment and verification prior to final posting and the institutions will be given 10 working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the data they submitted or to advise the Coordinating Board of any inaccuracies.(c) Reductions in Funding.(1) If annual funding for the program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.(2) If annual funding is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.</content><note type="source"><p>Source Note: The provisions of this §22.133 adopted to be effective August 16, 2007, 32 TexReg 4977; amended to be effective June 2, 2014, 39 TexReg 4242; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 22, 2019, 44 TexReg 4312; amended to be effective November 16, 2022, 47 TexReg 7555; amended to be effective May 15, 2025, 50 TexReg 762.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scG/s22.135"><num value="22.135">§22.135</num><heading>Disbursement of Funds</heading><content>(a) As requested by institutions throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students.(b) Institutions will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation for timely disbursement to students. After that date, institutions lose claim to any funds in the current fiscal year not yet drawn down from the Board for timely disbursement to students.(c) Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Coordinating Board for utilization in financial aid processing.(d) Should these unspent funds result in additional funding available for the next year's program, revised allocations, calculated according to the allocation methodology outlined in this subchapter, will be issued to participating institutions during the fall semester.</content><note type="source"><p>Source Note: The provisions of this §22.135 adopted to be effective November 16, 2022, 47 TexReg 7556; amended to be effective May 15, 2025, 50 TexReg 762.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scI"><num value="I">SUBCHAPTER I</num><heading>TEXAS ARMED SERVICES SCHOLARSHIP PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.163"><num value="22.163">§22.163</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter FF, Texas Armed Services Scholarship Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.9771 - 61.9776.(b) Purpose. The purpose of the Texas Armed Services Scholarship Program is to encourage students to become members of the Texas Army National Guard, the Texas Air National Guard, the Texas State Guard, the United States Coast Guard, or the United States Merchant Marine, or to become commissioned officers in any branch of the armed services of the United States.</content><note type="source"><p>Source Note: The provisions of this §22.163 adopted to be effective November 30, 2009, 34 TexReg 8530; amended to be effective September 6, 2011, 36 TexReg 5686; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 3, 2020, 45 TexReg 5341; amended to be effective May 15, 2025, 50 TexReg 763; amended to be effective November 13, 2025, 50 TexReg 7268.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.164"><num value="22.164">§22.164</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Contract to Serve--A legally-binding agreement between the recipient and the armed services of the United States, prescribing the terms of the military commitment that the recipient is obligated to serve.(2) Loan--A Texas Armed Services Scholarship that has become a loan as outlined in §22.170 of this subchapter (relating to Conversion of the Scholarship to a Loan).(3) Recipient--A person who has received a Texas Armed Services Scholarship.(4) Scholarship--A conditional scholarship through the Texas Armed Services Scholarship Program.</content><note type="source"><p>Source Note: The provisions of this §22.164 adopted to be effective November 30, 2009, 34 TexReg 8530; amended to be effective September 6, 2011, 36 TexReg 5686; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective May 29, 2018, 43 TexReg 3353; amended to be effective August 3, 2020, 45 TexReg 5341; amended to be effective May 15, 2025, 50 TexReg 763.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.165"><num value="22.165">§22.165</num><heading>Scholarship Amount</heading><content>(a) The Coordinating Board shall determine and announce the amount of a scholarship not later than the final day of January prior to the start of each fiscal year. The amount shall not exceed the greater of:(1) $30,000; or (2) an amount equal to the average undergraduate cost of attendance at public institutions of higher education in this state at which one or more scholarship recipients were enrolled in the prior year.(b) Notwithstanding subsection (a) of this section, a student may not receive a scholarship under this subchapter in an amount that exceeds the student's cost of attendance.(c) Notwithstanding subsection (a) of this section, if the Coordinating Board determines that insufficient appropriations are available to offer scholarships to all eligible students at the amount described by subsection (a) of this section in a given fiscal year, then the Coordinating Board may instead calculate and publish a maximum scholarship amount that ensures all eligible students receive an equitable portion of available funds.</content><note type="source"><p>Source Note: The provisions of this §22.165 adopted to be effective November 30, 2009, 34 TexReg 8530; amended to be effective September 6, 2011, 36 TexReg 5686; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 3, 2020, 45 TexReg 5341; amended to be effective May 16, 2024, 49 TexReg 3276; amended to be effective May 15, 2025, 50 TexReg 763; amended to be effective November 13, 2025, 50 TexReg 7268.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.166"><num value="22.166">§22.166</num><heading>Appointment by Elected Officials</heading><content>(a) Each year the governor and the lieutenant governor shall each appoint two students and two alternates, and each state senator and each state representative shall appoint one student and one alternate to receive an initial scholarship.(b) State senators or state representatives shall make appointments under subsection (a) of this section no later than September 30 of each year. (c) If the Coordinating Board has not received all such appointments by the September 30 deadline, the Coordinating Board will notify the lieutenant governor and the speaker of the house of representatives and request additional appointments. (d) If a student appointed to receive a scholarship is determined to be ineligible to receive an initial scholarship, the Coordinating Board must notify the alternate on file of his or her nomination.(e) If a recipient's scholarship converts to a loan prior to graduation, beginning with the academic year following the determination, the appointing official may appoint another eligible student to receive any available funds designated for the recipient who no longer meets the requirements for the scholarship.</content><note type="source"><p>Source Note: The provisions of this §22.166 adopted to be effective November 30, 2009, 34 TexReg 8530; amended to be effective November 29, 2011, 36 TexReg 8026, amended to be effective February 22, 2017, 42 TexReg 685; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective November 29, 2017, 42 TexReg 6625; amended to be effective May 29, 2018, 43 TexReg 3353; amended to be effective August 3, 2020, 45 TexReg 5341; amended to be effective May 16, 2024, 49 TexReg 3276; amended to be effective May 15, 2025, 50 TexReg 763; amended to be effective November 13, 2025, 50 TexReg 7268.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.167"><num value="22.167">§22.167</num><heading>Eligible Students</heading><content>(a) To receive a scholarship, an appointed student must:(1) Be enrolled in an institution of higher education or a private or independent institution of higher education, as the terms are defined in §22.1 of this chapter (relating to Definitions), as certified by that institution;(2) Be certified by the student's institution that the student:(A) Is enrolled in and a member in good standing of a Reserve Officers' Training Corps (ROTC) program or another undergraduate officer commissioning program at the student's institution; (B) Completed an ROTC program or another undergraduate officer commissioning program while the student was enrolled as an undergraduate; or (C) Has been accepted into the officer commissioning program for the Texas State Guard, as defined by Texas Government Code, §437.001; (3) Enter into a written agreement with the Coordinating Board, set forth in §22.168 of this subchapter (relating to Promissory Note); and(4) Maintain the satisfactory academic progress requirements as indicated by the financial aid office at the recipient's institution of higher education or private or independent institution of higher education.(b) In addition to the requirements described by subsection (a) of this section, to receive an initial scholarship, the student must meet the following academic criteria.(1) For an undergraduate student receiving the scholarship in the student's first year of study at the institution, the student must:(A) Have a high school grade point average of 3.0 or higher; or(B) Meet the college readiness standard established by §4.57 of this title (relating to Texas Success Initiative Assessment College Readiness Standards) or meet the standard for exemption under §4.54 of this title (relating to Exemption).(2) For an undergraduate student receiving the scholarship in a year after the student's first year of study at the institution, the student must:(A) Have a grade point average of 3.0 or higher on the student's postsecondary coursework; (B) Have a high school grade point average of 3.0 or higher; or(C) Meet the college readiness standard established by §4.57 of this title (relating to Texas Success Initiative Assessment College Readiness Standards) or meet the standard for exemption under §4.54 of this title (relating to Exemption).(3) For a graduate student nominated to receive the scholarship, the student must have a grade point average of 3.0 or higher on the student's undergraduate coursework.</content><note type="source"><p>Source Note: The provisions of this §22.167 adopted to be effective November 30, 2009, 34 TexReg 8530; amended to be effective September 6, 2011, 36 TexReg 5686; amended to be effective February 28, 2012, 37 TexReg 1332; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective November 29, 2017, 42 TexReg 6625; amended to be effective August 3, 2020, 45 TexReg 5341; amended to be effective May 16, 2024, 49 TexReg 3276; amended to be effective May 15, 2025, 50 TexReg 763; amended to be effective November 13, 2025, 50 TexReg 7268.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.168"><num value="22.168">§22.168</num><heading>Promissory Note</heading><content>(a) The Coordinating Board shall require a recipient to sign a promissory note acknowledging the conditional nature of the scholarship and promising to repay the amount of the scholarship plus applicable interest, late charges, and any collection costs, including attorneys' fees, if the recipient fails to meet certain conditions of the scholarship, set forth in §22.170 of this subchapter (Conversion of the Scholarship to a Loan).(b) Recipients agree to:(1) Complete, or submit documentation to the student's institution demonstrating prior completion of: (A) one year of ROTC training for each year that the student receives a scholarship, or the equivalent of one year of ROTC training if the institution of higher education awards ROTC credit for prior service in any branch of the U.S. Armed Services or the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; (B) Complete, or submit documentation to the student's institution demonstrating prior completion of, another undergraduate officer commissioning program; or(C) Submit documentation to the student's institution that the student has been accepted into the officer commissioning program for the Texas State Guard, as defined by Texas Government Code, §437.001.(2) Graduate no later than six years after the date the student first enrolls in an institution of higher education after having received a high school diploma or a General Educational Diploma or its equivalent;(3) After graduation, enter into and provide the Coordinating Board with verification of:(A) A four-year commitment to be a member of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; or(B) A contract to serve as a commissioned officer in any branch of the armed services of the United States;(4) Meet the physical examination requirements and all other prescreening requirements of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine, or the branch of the armed services with which the student enters into a contract.</content><note type="source"><p>Source Note: The provisions of this §22.168 adopted to be effective November 30, 2009, 34 TexReg 8530; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 3, 2020, 45 TexReg 5341; amended to be effective May 16, 2024, 49 TexReg 3276; amended to be effective May 15, 2025, 50 TexReg 763; amended to be effective November 13, 2025, 50 TexReg 7268.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.169"><num value="22.169">§22.169</num><heading>Discontinuation of Eligibility</heading><content>A student may receive a scholarship for no more than four academic years.</content><note type="source"><p>Source Note: The provisions of this §22.169 adopted to be effective May 15, 2025, 50 TexReg 763; amended to be effective November 13, 2025, 50 TexReg 7268.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scI/s22.170"><num value="22.170">§22.170</num><heading>Conversion of the Scholarship to a Loan</heading><content>(a) A scholarship will become a loan if the recipient:(1) Fails to maintain satisfactory academic progress as described in §22.167 of this subchapter (relating to Eligible Students);(2) Withdraws from the scholarship program, as indicated through:(A) withdrawal or removal from the institution of higher education or private or independent institution of higher education or that institution's ROTC program or other undergraduate officer commissioning program, without subsequent enrollment in another institution of higher education or private or independent institution of higher education and that subsequent institution's ROTC program or other undergraduate officer commissioning program; or(B) withdrawal or removal from the officer commissioning program of the Texas State Guard; or(3) Fails to fulfill one of the following:(A) a four-year commitment or honorable discharge as a member of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; or(B) a contract to serve as a commissioned officer in any branch of the armed services of the United States.(b) For the purposes of subsection (a)(3)(B) of this section, a recipient is considered to have fulfilled a contract to serve after four years of service or upon honorable discharge.(c) A scholarship converts to a loan if documentation of the contract or commitment outlined in subsection (a)(3) of this section is not submitted to the Coordinating Board within twelve months of graduation with the student's intended degree while receiving a scholarship under this subchapter. Subsequent filing of this documentation will revert the loan back to a scholarship.(d) If a recipient's scholarship converts to a loan, the recipient cannot regain eligibility for the Scholarship in any subsequent academic year.(e) If a recipient requires a temporary leave of absence from the institution of higher education, private or independent institution of higher education, and/or the ROTC program or another undergraduate officer commissioning program for personal reasons or to provide service for the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine for fewer than twelve months, the Coordinating Board may agree to not convert the scholarship to a loan during that time.(f) If a recipient is required to provide more than twelve months of service in the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine as a result of a national emergency, the Coordinating Board shall grant that recipient additional time to meet the graduation and service requirements specified in the scholarship agreement.(g) Notwithstanding subsection (a) of this section, a scholarship does not convert to a loan if the recipient is unable to meet the obligations of the agreement solely as a result of:(1) a physical inability, subject to appropriate verification to the satisfaction of the Coordinating Board; or(2) an exceptional circumstance beyond the recipient's control, as determined by the Coordinating Board.(h) If the Coordinating Board determines that a student who entered into an agreement with the Board under this subchapter was erroneously removed from the scholarship program established under this subchapter, the Coordinating Board shall reinstate the student's scholarship if the student is currently enrolled in a public or private institution of higher education in this state.(i) Scholarships that convert to loans under this section are subject to the applicable requirements of chapter 24 of this title (relating to Student Loan Servicing).</content><note type="source"><p>Source Note: The provisions of this §22.170 adopted to be effective November 30, 2009, 34 TexReg 8530; amended to be effective September 6, 2011, 36 TexReg 5686; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective November 29, 2017, 42 TexReg 6625; amended to be effective May 29, 2018, 43 TexReg 3353; amended to be effective August 3, 2020, 45 TexReg 5341; amended to be effective May 16, 2024, 49 TexReg 3276; amended to be effective May 15, 2025, 50 TexReg 763; amended to be effective November 13, 2025, 50 TexReg 7268.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scK"><num value="K">SUBCHAPTER K</num><heading>TEXAS TRANSFER GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.200"><num value="22.200">§22.200</num><heading>Authority and Purpose</heading><content>(a) Unless otherwise noted in a section, the authority for these provisions is provided by Texas Administrative Procedure Act, Texas Government Code §2001.003(6).(b) This subchapter establishes rules relating to the administration of the Texas Transfer Grant Program. The program provides need-based grants to enable eligible students to transfer from two-year institutions of higher education to four-year institutions of higher education in this state.</content><note type="source"><p>Source Note: The provisions of this §22.200 adopted to be effective February 15, 2024, 49 TexReg 683.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.201"><num value="22.201">§22.201</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.(1) Grant--A Texas Transfer Grant provided through the Texas Transfer Grant Program.(2) Program--The Texas Transfer Grant Program.</content><note type="source"><p>Source Note: The provisions of this §22.201 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.202"><num value="22.202">§22.202</num><heading>Eligible Institutions</heading><content>(a) Eligibility.(1) A medical or dental unit or general academic teaching institution, other than a public state college, as the terms are defined in §22.1 of this chapter (relating to Definitions), is eligible to make a grant through this Program.(2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.(3) Each participating institution shall comply with the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment.(b) Approval.(1) Agreement. Each eligible institution shall enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to being approved to participate in the program.(2) Approval Deadline. An institution must indicate an intent to participate in the program by June 1 and enter into an agreement with the Coordinating Board by August 31 for qualified students enrolled in that institution to be eligible to receive grants in the following biennium.(c) Responsibilities. A participating institution is required to abide by the General Provisions outlined in subchapter A of this chapter.</content><note type="source"><p>Source Note: The provisions of this §22.202 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.203"><num value="22.203">§22.203</num><heading>Eligible Students</heading><content>(a) To qualify for a grant through the Program, a student must:(1) be a resident of Texas, as defined in §22.1 of this chapter (relating to Definitions);(2) show financial need, as defined by §22.1 of this chapter;(3) have applied for financial aid through the completion of the Federal Application for Federal Student Aid or, if the student is not eligible for federal financial aid, the Texas Application for State Financial Aid;(4) be enrolled in a baccalaureate degree program at an eligible institution;(5) be enrolled full-time unless granted a hardship waiver of this requirement under §22.206 of this subchapter (relating to Hardship Provisions);(6) make satisfactory academic progress toward the baccalaureate degree at the eligible institution, as defined in §22.204 of this subchapter (relating to Satisfactory Academic Progress) unless the student is granted a hardship extension in accordance with §22.206 of this subchapter;(7) have been awarded an associate degree by a public junior college, public technical institute, or public state college as the terms are defined in §22.1 of this chapter, and credit hours earned toward completion of the associate degree must:(A) include completion of the core curriculum or an abbreviated core curriculum related to a specific approved field of study curriculum transferable to one or more general academic teaching institutions;(B) have been completed with at least a 2.5 grade point average; and(C) have been completed prior to enrolling in a baccalaureate degree program at the institution offering a grant through this Program;(8) unless granted a hardship postponement in accordance with §22.206 of this subchapter, have enrolled in the baccalaureate degree program at the eligible institution on a full-time basis not later than the end of the 12th month after the calendar month in which the student ceased being enrolled in a public junior college, public technical institute, or public state college as the terms are defined in §22.1 of this chapter; and(9) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration).(b) If a student's eligibility was based on the expectation that the student would meet the requirements in subsection (a)(7) of this section, and the student failed to do so, then the student is no longer eligible for a grant through this Program.(1) If the institution offers the grant based on the expectation that the student would meet the requirements in subsection (a)(7) of this section and does not become aware that the student failed to meet these requirements until after the first disbursement of the grant has been made to the student, then the institution reserves the right to require the student to repay the amount that was previously received.(2) In no case may a student receive a subsequent disbursement of a grant through the Program after the institution has become aware that the student failed to meet the requirements in subsection (a)(7) of this section.</content><note type="source"><p>Source Note: The provisions of this §22.203 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.204"><num value="22.204">§22.204</num><heading>Satisfactory Academic Progress</heading><content>(a) To qualify for a grant, each recipient of the grant shall meet the satisfactory academic progress requirements as utilized by the financial aid office of the eligible institution to determine eligibility for federal financial aid programs.(b) For the purposes of this section, the calculation of a student's GPA is to be completed in accordance with §22.10 of this chapter (relating to Grade Point Average Calculations for Satisfactory Academic Progress).</content><note type="source"><p>Source Note: The provisions of this §22.204 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.205"><num value="22.205">§22.205</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>(a) A student may not receive a grant after having already been granted a baccalaureate degree by any institution.(b) A student may not receive a grant while simultaneously receiving a Toward EXcellence, Access, and Success (TEXAS) Grant.(c) Unless granted a hardship postponement in accordance with §22.206 of this subchapter (relating to Hardship Provisions), a student's eligibility for a grant ends:(1) two years from the start of the semester in which the student enrolls in the baccalaureate degree program at the eligible institution on a full-time basis, if the student is enrolled in a degree program of four years or less, as defined in §22.1 of this chapter (relating to Definitions); or(2) three years from the start of the semester in which the student enrolls in the baccalaureate degree program at the eligible institution on a full-time basis if the student is enrolled in a degree program of more than four years.(d) A student's eligibility for a grant ends once he or she has attempted 135 semester credit hours or the equivalent unless the student is granted a hardship extension in accordance with §22.206 of this subchapter.(e) Other than as described in §22.206 of this subchapter, if a student fails to meet any of the requirements for receiving a continuation grant as outlined in §22.203 of this subchapter (relating to Eligible Students) after completion of any semester, the student may not receive a grant until he or she completes a semester while not receiving a grant and meets all the requirements as outlined in §22.203 of this subchapter as of the end of that semester.</content><note type="source"><p>Source Note: The provisions of this §22.205 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.206"><num value="22.206">§22.206</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship, the Program Officer at an eligible institution may allow an otherwise eligible student to receive a grant under the following conditions:(1) while enrolled in fewer semester credit hours than required in §22.203(5) of this subchapter (relating to Eligible Students);(2) if the student fails to meet the satisfactory academic progress requirements of §22.203(6) of this subchapter (relating to Eligible Students);(3) if the student requires an extension of the limits found in §22.205(c) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility) to complete his or her degree; or(4) if the student has attempted more hours than allowed under §22.205(d) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility).(b) Hardships are not limited to, but include:(1) documentation of a severe illness or other debilitating condition that may affect the student's academic performance;(2) documentation that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance;(3) documentation of the birth of a child or placement of a child with the student for adoption or foster care, that may affect the student's academic performance; or(4) the requirement of fewer than twelve hours to complete one's degree plan.(c) The Program Officer may allow a student to receive a grant after the time limits described in §22.203(8) of this subchapter (relating to Eligible Students) if the student and/or the student's family has suffered a hardship that would make the student rank as one of the institution's neediest.(d) Documentation justifying the eligibility granted through the hardship provisions outlined in this rule must be kept in the student's file. Each institution must identify to the Coordinating Board those students granted eligibility through hardship provisions so that the Coordinating Board may appropriately monitor each student's period of eligibility.(e) Each participating institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.</content><note type="source"><p>Source Note: The provisions of this §22.206 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.207"><num value="22.207">§22.207</num><heading>Priorities in Grants to Students</heading><content>(a) If state appropriations for the program are insufficient to allow grants to all eligible students, each institution shall give priority to eligible students who have previously received a grant through the program.(b) In determining first-time recipients of grants through the program, an institution shall give priority to those students who have a Student Aid Index that does not exceed 60 percent of the average statewide amount of tuition and fees for general academic teaching institutions, other than public state colleges, as the terms are defined in §22.1 of this chapter (relating to Definitions), for the relevant academic year. The Coordinating Board shall determine and announce this value for a given state fiscal year by January 31 of the prior fiscal year.(c) In determining first-time recipients of grants through the program, an institution shall give highest priority to eligible students meeting criteria specified under subsection (b) of this section who have also demonstrated the highest levels of academic achievement prior to transfer as determined by the participating institution.</content><note type="source"><p>Source Note: The provisions of this §22.207 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.208"><num value="22.208">§22.208</num><heading>Grant Amounts</heading><content>(a) Funding. The Coordinating Board may not award through this program an amount that exceeds the amount of state appropriations and other funds that are available for this use.(b) Grant Amounts.(1) The Commissioner shall determine and announce the maximum grant amounts in a given state fiscal year by January 31 of the prior fiscal year. The calculation of the maximum amount will be consistent with the maximum grant forward for TEXAS Grant for the semester as set out in subchapter L of this chapter (relating to Toward EXcellence, Access, and Success (TEXAS) Grant Program).(2) An institution may not reduce the amount of a Grant offered by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any aid other than loans received equals or exceeds the student's financial need.(c) The Coordinating Board shall make grant calculations and disbursements in accordance with the General Provisions outlined in subchapter A of this chapter.</content><note type="source"><p>Source Note: The provisions of this §22.208 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.209"><num value="22.209">§22.209</num><heading>Allocation of Funds</heading><content>(a) The Commissioner shall determine allocations on an annual basis as follows:(1) The allocation base for each eligible institution will be the number of students it reported in the most recent certified Financial Aid Database submission who met the following criteria:(A) were enrolled as undergraduate students and had not yet received a baccalaureate degree;(B) were classified as residents of Texas, as defined in §22.1 of this chapter (relating to Definitions);(C) were enrolled full-time in either the fall or spring semester; and(D) have a Student Aid Index less than or equal to the amount established in §22.207(b) of this subchapter (relating to Priorities in Grants to Students) for the year reported in the Financial Aid Database submission.(2) Each institution's percentage of the available funds will equal its percentage of the state-wide number of students who meet the criteria in paragraph (1) of this subsection.(3) The Commissioner will complete allocations for both years of the biennium at the same time. The Coordinating Board will use the three most recent certified Financial Aid Database submissions to forecast the data utilized in the calculation of the allocation for the second year of the biennium. The Coordinating Board will provide each institution with notification of their allocations for both years of the biennium at the same time.(b) Verification of Data. The Coordinating Board will share allocation calculations with each participating institution for comment and verification prior to final posting. Each institution will have ten business days, beginning the day of the notice's distribution, and excluding State holidays, to confirm that the allocation report accurately reflects the data the institution submitted or to advise the Coordinating Board of any inaccuracies.(c) Reductions in Funding.(1) If annual funding for the program is reduced after the start of a fiscal year, the Commissioner may use any method necessary to distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in each institution's allocation.(2) If annual funding is reduced prior to the start of a fiscal year, the Commissioner may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.</content><note type="source"><p>Source Note: The provisions of this §22.209 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scK/s22.210"><num value="22.210">§22.210</num><heading>Disbursement of Funds</heading><content>Upon request by an institution throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Distribution of Funds). Each institution shall have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, an institution may lose any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium are deemed returned to the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §22.210 adopted to be effective February 15, 2024, 49 TexReg 683; amended to be effective May 15, 2025, 50 TexReg 764.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scL"><num value="L">SUBCHAPTER L</num><heading>TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.225"><num value="22.225">§22.225</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 56, Subchapter M, Toward EXcellence, Access and Success (TEXAS) Grant Program. This subchapter establishes procedures to administer Texas Education Code, §§56.301 - 56.311.(b) Purpose. The purpose of this program is to provide need-based grants of money to enable eligible students to attend eligible public institutions of higher education in this state.</content><note type="source"><p>Source Note: The provisions of this §22.225 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective November 22, 2020, 45 TexReg 8340.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.226"><num value="22.226">§22.226</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Continuation Grant--A TEXAS Grant offered to a person who has previously received an initial year grant.(2) Entering Undergraduate--A student enrolled in the first thirty semester credit hours or their equivalent, excluding hours taken during dual enrollment in high school and courses for which the student received credit through examination.(3) Initial Year Grant--The TEXAS Grant offered in the student's first year in the TEXAS Grant Program.(4) Prior-Prior Year--For allocation purposes, the state fiscal year that began two years earlier than the fiscal year for which the allocation is being calculated.(5) Program--The Toward EXcellence, Access and Success (TEXAS) Grant program.(6) Required Fees--A mandatory fee (required by statute) or discretionary fee (authorized by statute, imposed by the governing board of an institution of higher education) and that an institution of higher education charges to a student as a condition of enrollment at the institution of higher education or in a specific course.(7) Target Grant Amount--An amount set by the Coordinating Board, in consultation with institutions of higher education participating in the TEXAS Grant Program, and used as the recommended average grant amount for the TEXAS Grant Program for a biennium and in establishing renewal year allocations to participating institutions of higher education as described in §22.236(a)(1) of this chapter (relating to Allocation and Reallocation of Funds).(8) Tuition--Statutory tuition, designated and/or Board-authorized tuition, as defined in §13.142 of this title (related to Definitions).</content><note type="source"><p>Source Note: The provisions of this §22.226 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7869; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective May 26, 2010, 35 TexReg 4159; amended to be effective February 28, 2012, 37 TexReg 1335; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective November 26, 2014, 39 TexReg 9204; amended to be effective August 27, 2018, 43 TexReg 5510; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.227"><num value="22.227">§22.227</num><heading>Eligible Institutions</heading><content>(a) Eligibility.(1) Institutions eligible to make initial year and continuation grants in the program are medical or dental units and general academic teaching institutions, other than the public state colleges, as defined in §22.1 of this chapter (relating to Definitions). (2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment.(b) Approval.(1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to being approved to participate in the program.(2) Approval Deadline. An eligible institution must enter into an agreement with the Coordinating Board and indicate an intent to participate in the program by April 1 in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.(c) Responsibilities. Participating institutions are required to abide by the General Provisions outlined in subchapter A of this chapter.</content><note type="source"><p>Source Note: The provisions of this §22.227 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7869; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective May 22, 2017, 42 TexReg 2721; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.228"><num value="22.228">§22.228</num><heading>Eligible Students</heading><content>(a) To qualify for an initial year grant, a person must:(1) be enrolled in a baccalaureate program at a participating institution;(2) be a resident of Texas, as defined in §22.1 of this chapter (relating to Definitions);(3) show financial need, as defined in §22.1 of this chapter;(4) have applied for financial aid through the completion of the Federal Application for Federal Student Aid or, if the student is not eligible for federal financial aid, the Texas Application for State Financial Aid;(5) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration); and(6) Except as provided under §22.231 of this subchapter (relating to Hardship Provisions), to receive an initial year grant, an otherwise eligible person must enroll in a baccalaureate degree program at a participating institution on at least a three-quarter time basis as:(A) an entering undergraduate student not later than the end of the sixteenth month after the calendar month in which the person graduated from high school; or(B) an entering undergraduate student who entered military service not later than the first anniversary of the date of high school graduation and enrolled in an eligible institution no later than twelve months after being released from active duty military service with an Honorable Discharge, General Discharge under Honorable Conditions, or Honorable Separation or Release from Active Duty, as documented by the Certificate of Release or Discharge from Active Duty (DD214) issued by the Department of Defense;(C) an undergraduate student not later than the end of the twelfth month after the calendar month in which the student received an associate degree; or(D) an undergraduate student who has:(i) previously attended another institution of higher education, as defined in §22.1 of this chapter;(ii) received an initial Texas Educational Opportunity Grant under subchapter M of this chapter (relating to Texas Educational Opportunity Grant Program) for the 2014 fall semester or a subsequent semester;(iii) completed at least twenty-four semester credit hours at any institution(s) of higher education or private or independent institution(s) of higher education, as defined in §22.1 of this chapter;(iv) earned an overall grade point average of at least 2.5 on a four-point scale or the equivalent on all course work previously attempted; and(v) has never previously received a TEXAS Grant.(b) Continuation Grants. To receive a continuation grant through the TEXAS Grant Program, a student must:(1) have previously received an initial year grant through this Program;(2) show financial need, as defined in §22.1 of this chapter;(3) be enrolled at least three-quarter time unless granted a hardship waiver of this requirement under §22.231 of this subchapter (relating to Hardship Provisions);(4) be enrolled in a baccalaureate program at a participating institution;(5) make satisfactory academic progress towards a baccalaureate degree at the participating institution, as defined in §22.229 of this subchapter (relating to Satisfactory Academic Progress); and(6) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration). (c) If a student's eligibility was based on the expectation that the student would complete a high school diploma or associate degree in time to meet the requirements for Program eligibility, and the student failed to do so, then, in order to resume eligibility, such a student must:(1) receive an associate degree;(2) meet all other qualifications for a TEXAS Grant;(3) if required to do so by the institution through which the TEXAS Grant was made, repay the amount of the TEXAS Grant that was previously received; and(4) enroll in a higher-level undergraduate degree program at a participating institution not later than the twelfth month after the month the student received an associate degree.</content><note type="source"><p>Source Note: The provisions of this §22.228 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7869; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective March 2, 2009, 34 TexReg 1431; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.229"><num value="22.229">§22.229</num><heading>Satisfactory Academic Progress</heading><content>(a) To qualify for a continuation grant after the academic year in which a person receives an initial year grant, each recipient of the TEXAS Grant shall meet the academic progress requirements of his or her institution.(b) To receive a subsequent grant after he or she receives a continuation grant, a recipient shall, unless granted a hardship waiver of this requirement in accordance with §22.231 of this subchapter (relating to Hardship Provisions):(1) complete at least twenty-four semester credit hours in his or her most recent academic year; and,(2) maintain an overall grade point average of at least 2.5 on a four point scale or its equivalent, for all coursework attempted at an institution of higher education or private or independent institution of higher education, as defined in §22.1 of this chapter (relating to Definitions).(3) An entering undergraduate student enrolling in a participating institution for the second or later semester in a given academic year meets the semester-credit-hour requirement outlined in paragraph (1) of this subsection for continuing in the program if he or she completes at least twelve semester credit hours or its equivalent during that semester.(c) The calculation of a student's GPA is to be completed in accordance with §22.10 of this chapter (relating to Grade Point Average Calculations for Satisfactory Academic Progress).(d) The completion rate calculations may be made in keeping with institutional policies.</content><note type="source"><p>Source Note: The provisions of this §22.229 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective August 16, 2007, 32 TexReg 4982; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective August 25, 2008, 33 TexReg 6817; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.230"><num value="22.230">§22.230</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>(a) A student may not receive a TEXAS Grant while concurrently receiving a Texas Educational Opportunity Grant or Texas Transfer Grant.(b) A student may not receive a TEXAS Grant after having already being granted a baccalaureate degree.(c) A student may not receive a TEXAS Grant for a semester in which he or she is enrolled for fewer than six hours.(d) Unless granted a hardship postponement in accordance with §22.231 of this subchapter (relating to Hardship Provisions), eligibility for a TEXAS Grant for a student whose eligibility for an initial year TEXAS Grant was not based on the receipt of an associate degree ends:(1) five years from the start of the semester in which the student received his or her first disbursement of an initial year TEXAS Grant, if the student is enrolled in a degree program of four years or less;(2) six years from the start of the semester in which the student received his or her first disbursement of an initial year TEXAS Grant, if the student is enrolled in a degree program of more than four years.(e) Unless granted a hardship postponement in accordance with §22.231 of this subchapter, eligibility for a TEXAS Grant for a student whose eligibility was based on receiving an associate degree ends:(1) three years from the start of the semester in which the student received his or her first disbursement of an initial year TEXAS Grant if the student is enrolled in a degree program of four years or less;(2) four years from the start of the semester in which the student received his or her first disbursement of an initial year TEXAS Grant if the student is enrolled in a degree program of more than four years.(f) A student's eligibility ends one year from the date of the semester in which the student received his or her first disbursement of an initial year TEXAS Grant, if the student's eligibility was based on the expectation that the student would complete the initial year grant requirements as outlined in §22.228 of this subchapter (relating to Eligible Students), but the student failed to do so. However, if such a student later receives an associate degree and again qualifies for TEXAS Grants, as described by §22.228(c) of this subchapter, he or she can receive an additional three years of eligibility if enrolled in a degree program of four years or less, or an additional four years if enrolled in a degree program of more than four years.(g) A student's eligibility for a TEXAS Grant ends once he or she has attempted 150 semester credit hours or the equivalent unless the student is granted a hardship extension in accordance with §22.231(d) of this subchapter.(h) A person is not eligible to receive an initial year or continuation grant if the person has been convicted of a felony or of an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a TEXAS Grant.(i) Other than as described in §22.231 of this subchapter, if a person fails to meet any of the requirements for receiving a continuation grant as outlined in §22.228(b) of this subchapter after completion of any semester, the person may not receive a TEXAS Grant until he or she completes a semester while not receiving a TEXAS Grant and meets all the requirements as outlined in §22.228(b) of this subchapter as of the end of that semester.</content><note type="source"><p>Source Note: The provisions of this §22.230 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.231"><num value="22.231">§22.231</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause, the Program Officer at a participating institution may allow an otherwise eligible person to receive a TEXAS Grant under the following conditions:(1) while enrolled in less than nine semester credit hours;(2) if the student's grade point average falls below the satisfactory academic progress requirements of §22.229 of this subchapter (relating to Satisfactory Academic Progress);(3) if the student's number of completed hours falls below the satisfactory academic progress requirements of §22.229 of this subchapter; or(4) if the student requires an extension of the year limits found in §22.230 of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility) to complete his or her degree.(b) Hardship or other good causes are not limited to, but include:(1) documentation of a severe illness or other debilitating condition that may affect the student's academic performance;(2) documentation that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; (3) documentation of the birth of a child or placement of a child with the student for adoption or foster care, that may affect the student's academic performance; or(4) the requirement of fewer than nine hours to complete one's degree plan.(c) The Program Officer may allow a student to receive his/her initial year grant after the time limits described in §22.228(a)(6) of this subchapter (relating to Eligible Students) if the student and/or the student's family has suffered a hardship that would now make the student rank as one of the institution's neediest.(d) The Program Officer may allow a student to receive a grant after attempting more hours than allowed under §22.230(f) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility) in the event of hardship. However, the total number of hours paid for, at least in part, with TEXAS Grant funds may not exceed 150 semester credit hours or the equivalent.(e) Documentation justifying the eligibility granted through the hardship provisions outlined in this rule must be kept in the student's file. Institutions must identify to the Coordinating Board those students granted eligibility through hardship provisions, so that the Coordinating Board may appropriately monitor each student's period of eligibility.(f) Each participating institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.</content><note type="source"><p>Source Note: The provisions of this §22.231 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective February 21, 2006, 31 TexReg 1032; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.233"><num value="22.233">§22.233</num><heading>Priority in Grants to Students</heading><content>(a) If appropriations for the program are insufficient to allow grants to all eligible students, priority shall be given to those students demonstrating continuing TEXAS Grant eligibility pursuant to §22.228(b) of this subchapter (relating to Eligible Students).(b) In determining student eligibility for a TEXAS Grant pursuant to §22.228(a) of this subchapter, priority shall be given to those students who demonstrate the greatest financial need at the time the offer is made.(c) In determining student eligibility for a TEXAS Grant pursuant to §22.228(a) of this subchapter, priority shall be given to those students who have a Student Aid Index that does not exceed 60 percent of the average statewide amount of tuition and required fees for general academic teaching institutions for the relevant academic year.(d) In determining initial student eligibility for a TEXAS Grant pursuant to §22.228(a) of this subchapter, priority shall be given to those students who graduate or are on track to graduate from a public or accredited private high school in Texas on or after May 1, 2013, and complete or are on track to complete the Foundation High School program, or its equivalent as amended in keeping with Texas Education Code, §56.009. The person must also be on track to have accomplished any two or more of the following at the time a TEXAS Grant was offered:(1) successful completion of the course requirements of the international baccalaureate diploma program, or earning of the equivalent of at least twelve semester credit hours of college credit in high school through courses described in Texas Education Code, §28.009(a)(1), (2), and (3), or if graduating prior to September 1, 2020, graduate under the Recommended or Advanced high school curriculum specified in the Texas Education Code, §28.025 as it existed as of January 1, 2013, and the rules promulgated thereunder by the State Board of Education;(2) satisfaction of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Coordinating Board under Texas Education Code, §51.334 on any assessment instrument designated by the Coordinating Board under that section or qualification for an exemption as described by Texas Education Code, §51.338(b), (c), or (d);(3) graduation in the top one-third of the person's high school graduating class or graduation from high school with a grade point average of at least 3.0 on a four-point scale or the equivalent; or(4) completion for high school credit of at least one advanced mathematics course following the successful completion of an Algebra II course, or at least one advanced career and technical or technical applications course;(e) If funds remain after TEXAS Grants are offered to all students meeting the criteria in subsection (d) of this section, remaining funds may be offered to persons who are otherwise eligible for TEXAS Grants.</content><note type="source"><p>Source Note: The provisions of this §22.233 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.234"><num value="22.234">§22.234</num><heading>Grant Amounts</heading><content>(a) The amount of a TEXAS Grant offered through an eligible institution may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any aid other than loans received equals or exceeds the student's financial need.(b) The Coordinating Board shall determine and announce the maximum amount of a TEXAS Grant not later than the final day of January prior to the start of each fiscal year. The calculation of the maximum amount per semester will be based on the mandates contained in Texas Education Code, §56.307. However, no student's TEXAS Grant shall be greater than the amount of the student's financial need.(c) A participating institution may not charge a person receiving a TEXAS Grant through that institution, an amount of tuition and required fees in excess of the amount of the TEXAS Grant received by the person in that semester unless it also provides the student sufficient aid other than loans to meet his or her full tuition and required fees for that semester. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a TEXAS Grant.(d) If a student is determined to have failed to complete the necessary High School Program or Associate Degree upon which eligibility for the program was determined, a participating institution may require the student to forgo or repay the amount of the student's initial year grant.(e) Grant calculations and disbursements are to be completed in accordance with the General Provisions outlined in subchapter A of this chapter.</content><note type="source"><p>Source Note: The provisions of this §22.234 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective May 14, 2007, 32 TexReg 2640; amended to be effective August 16, 2007, 32 TexReg 4982; amended to be effective May 26, 2010, 35 TexReg 4159; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective March 4, 2015, 40 TexReg 925; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.236"><num value="22.236">§22.236</num><heading>Allocation of Funds</heading><content>(a) Allocations.(1) The share of funds for each eligible institution will equal:(A) the number of Initial Year TEXAS Grant recipients at the institution in the Prior-Prior Year multiplied by the percentage of Initial Year TEXAS Grant recipients in the year prior to the Prior-Prior Year who received a Continuation Grant in the Prior-Prior Year; plus the number of Continuation Grant TEXAS Grant recipients at the institution in the Prior-Prior Year multiplied by the percentage of Continuation Grant TEXAS Grant recipients in the year prior to the Prior-Prior Year who received a Continuation Grant in the Prior-Prior Year, multiplied by the institution's average TEXAS Grant award in the Prior-Prior Year, up to the amount of the Target Grant Amount for the fiscal year for which allocations are occurring; plus(B) the institution's proportions of the remaining appropriation is based on the sum of the number of students who were reported as a first time enrolling freshman; or an undergraduate transfer student who completed an associate degree within the prior twelve months to enrolling; or an undergraduate transfer student who received an Initial TEOG grant for the Fall 2014 semester or later, has completed at least twenty-four semester credit hours, and has earned an overall GPA of at least 2.5 on a four-point scale on all course work previously attempted, and:(i) were enrolled as undergraduate students and had not yet received a Bachelor's degree;(ii) were identified as residents of Texas;(iii) were enrolled at least three-quarter-time; and(iv) had a 9-month Student Aid Index, calculated using federal methodology, that was less than or equal to the cap established for TEXAS Grant in the Prior-Prior Year.(2) The TEXAS Grant allocation spreadsheet will be provided to the institutions for review and the institutions will be given ten working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the spreadsheet accurately reflects the data they submitted or to advise the Coordinating Board of any inaccuracies.(b) Reductions in Funding.(1) If annual funding for the program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.(2) If annual funding is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.</content><note type="source"><p>Source Note: The provisions of this §22.236 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective November 26, 2014, 39 TexReg 9204; amended to be effective June 6, 2016, 41 TexReg 4006; amended to be effective August 27, 2018, 43 TexReg 5510; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.237"><num value="22.237">§22.237</num><heading>Funds Provided from Student Deposit Fees</heading><content>Excess student deposit funds remitted to the Coordinating Board pursuant to Texas Education Code, §54.5021(c), may only be used to make TEXAS Grants. If the year-end unobligated and unexpended balance of student deposit funds at an institution exceeds 150 percent of the total deposits to that fund during that year, the excess funds shall be forwarded to the Coordinating Board for disbursement through the TEXAS Grant Program. If an institution established an endowment fund from excess funds prior to the end of state Fiscal Year 2001, no additional excess funds may be added to the endowment corpus. All excess funds and their earnings (including the earnings of the endowment fund) must be used in calculating the year-end balance subject to the 150 percent limit.</content><note type="source"><p>Source Note: The provisions of this §22.237 adopted to be effective November 28, 2005, 30 TexReg 7870.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.238"><num value="22.238">§22.238</num><heading>Disbursement of Funds</heading><content>As requested by an institution throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Disbursement of Funds). An institution will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, an institution shall lose claim to any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Coordinating Board for utilization in grant processing. Should these unspent funds result in additional funding available for the next biennium's program, revised allocations, calculated according to the allocation methodology outlined in this rule, will be issued to participating institutions during the fall semester.</content><note type="source"><p>Source Note: The provisions of this §22.238 adopted to be effective May 15, 2025, 50 TexReg 2790.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scL/s22.241"><num value="22.241">§22.241</num><heading>Tolling of Eligibility for Initial Year Grant</heading><content>(a) A person is eligible for consideration for an Initial Year grant under this subsection if the person was eligible for an initial year grant under §22.228 of this subchapter (relating to Eligible Students) in an academic year for which the Texas Legislature failed to appropriate sufficient funds to make initial year grant to at least 10 percent of the eligible student population, and:(1) has not received a TEXAS Grant in the past;(2) has not received a baccalaureate degree; and(3) meets the eligibility requirements for a continuation grant as described in §22.228(b) of this subchapter.(b) A person who meets the requirements outlined in subsection (a) of this section:(1) cannot be disqualified for a TEXAS Grant by changes in program requirements since the time he or she was originally eligible or by the amount of time that has passed since he or she was originally eligible;(2) is to receive highest priority in the selection of recipients if he or she met the priority model requirements of §22.233(d) of this title (relating to Priority in Grants to Students), when originally determined to be eligible;(3) may continue receiving grants as long as he or she meets the requirements for such continuation grants; and(4) may not receive TEXAS Grants for prior academic years.</content><note type="source"><p>Source Note: The provisions of this §22.241 adopted to be effective February 26, 2013, 38 TexReg 1162; amended to be effective February 26, 2014, 39 TexReg 1143; amended to be effective November 22, 2020, 45 TexReg 8340; amended to be effective May 15, 2025, 50 TexReg 2790.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scM"><num value="M">SUBCHAPTER M</num><heading>TEXAS EDUCATIONAL OPPORTUNITY GRANT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.253"><num value="22.253">§22.253</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 56, Subchapter P, Texas Educational Opportunity Grant Program. This subchapter establishes procedures to administer Texas Education Code §§56.401 - 56.4075.(b) Purpose. The purpose of this program is to provide need-based grants to enable eligible students to attend public two-year institutions of higher education in this state.</content><note type="source"><p>Source Note: The provisions of this §22.253 adopted to be effective August 3, 2020, 45 TexReg 5342.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.254"><num value="22.254">§22.254</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Career and Technical Education Course--A workforce or continuing education college course offered by an institution of higher education for which a student may earn credit toward satisfaction of a requirement necessary to obtain an industry-recognized credential, certificate, or associate degree.(A) A career and technical education course is listed in the Workforce Education Course Manual (WECM).(B) For the purpose of this subchapter, this definition excludes:(i) an avocational course;(ii) a continuing education course that is ineligible for conversion as articulated college credit; and(iii) a continuing education course that does not meet the institution's program or instructor accreditation standards.(2) Certificate Program--For purposes of the Texas Educational Opportunity Grant Program, Level 1 and Level 2 certificates, Occupational Skills Awards, and other credentials of value as defined in §13.472 of this title (relating to Definitions). These include programs offered through academic courses or through career and technical education courses, as defined in paragraph (1) of this subsection.(3) Continuation Grant--A grant offered to a person who has previously received an initial year grant.(4) Entering undergraduate--A student enrolled in the first 45 semester credit hours or their equivalent, excluding hours taken during dual enrollment in high school and courses for which the student received credit through examination.(5) Grant--Funds offered to a student through the Texas Educational Opportunity Grant Program.(6) Initial Year Grant--The grant offered in the student's first year in the Program.(7) Program--The Texas Educational Opportunity Grant Program.</content><note type="source"><p>Source Note: The provisions of this §22.254 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.255"><num value="22.255">§22.255</num><heading>Eligible Institutions</heading><content>(a) Eligibility.(1) Any public junior college, public technical institute, and public state college, as defined in §22.1 of this chapter (relating to Definitions), or the Polytechnic College at Sam Houston State University, is eligible to participate in the Program.(2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the Program described in this subchapter.(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-352) in avoiding discrimination in admissions or employment.(b) Approval.(1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to being approved to participate in the Program.(2) Approval Deadline. An institution must indicate an intent to participate in the Program by June 1 and enter into an agreement with the Coordinating Board by August 31 in order for qualified students enrolled in that institution to be eligible to receive grants in the following biennium.(c) Responsibilities. Participating institutions are required to abide by the General Provisions outlined in subchapter A of this chapter.</content><note type="source"><p>Source Note: The provisions of this §22.255 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective May 15, 2025, 50 TexReg 2792; amended to be effective February 12, 2026, 51 TexReg 728.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.256"><num value="22.256">§22.256</num><heading>Eligible Students</heading><content>(a) To receive an initial year grant through the Program, a student must:(1) be a resident of Texas, as defined in §22.1 of this chapter (relating to Definitions);(2) show financial need, as defined in §22.1 of this chapter;(3) have applied for financial aid through the completion of the Federal Application for Federal Student Aid or, if the student is not eligible for federal financial aid, the Texas Application for State Financial Aid;(4) be enrolled at a participating institution on at least a half-time basis as an entering undergraduate; (5) be enrolled in an associate degree or certificate program at a participating institution; and(6) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration).(b) To receive a continuation grant through the Program, a student must:(1) have previously received an initial year grant through this Program;(2) show financial need, as defined in §22.1 of this chapter;(3) be enrolled on at least a half-time basis;(4) be enrolled in an associate degree or certificate program at a participating institution; and(5) make satisfactory academic progress towards an associate degree or certificate program, as defined in §22.257 of this subchapter (relating to Satisfactory Academic Progress).</content><note type="source"><p>Source Note: The provisions of this §22.256 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.257"><num value="22.257">§22.257</num><heading>Satisfactory Academic Progress</heading><content>(a) Eligibility for First Continuation Grant. In addition to the requirements in §22.256(b) of this subchapter (relating to Eligible Students), a student must comply with his or her institution's financial aid satisfactory academic progress requirements to receive his or her first continuation grant. (b) Eligibility for Subsequent Continuation Grants. Unless granted a hardship waiver in accordance with §22.259 of this subchapter (relating to Hardship Provisions), as of the end of an academic year in which the student receives a continuation grant, a student must satisfy the following requirements to be eligible for a subsequent continuation grant:(1) complete at least 75 percent of the semester credit hours or their equivalent attempted in the student's most recent academic year; and(2) maintain an overall cumulative grade point average of at least 2.5 on a four-point scale or its equivalent.(c) A participating institution shall calculate a student's GPA in accordance with §22.10 of this chapter (relating to Grade Point Average Calculations for Satisfactory Academic Progress).(d) A participating institution may calculate completion rates in keeping with its own institutional policies.</content><note type="source"><p>Source Note: The provisions of this §22.257 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.258"><num value="22.258">§22.258</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>(a) A student may not receive a grant while concurrently receiving a TEXAS Grant.(b) A student may not receive a grant after having been granted an associate or baccalaureate degree.(c) A student's eligibility for the Program ends once a student has attempted 75 semester credit hours or the equivalent, unless the student is granted a hardship extension in accordance with §22.259 of this subchapter (relating to Hardship Provisions).(d) A student's eligibility for the Program ends four years from the start of the semester in which the student received an initial year grant, unless the student is granted a hardship extension in accordance with §22.259 of this subchapter.(e) A person is not eligible to receive a grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a grant.(f) Other than as described in §22.259 of this subchapter, if a person fails to meet any of the requirements for receiving a continuation grant as outlined in §22.256 of this subchapter (relating to Eligible Students) after completion of any year, the person may not receive a grant until after completing a semester of at least half-time coursework while not receiving a grant and meeting all the requirements of §22.256 of this subchapter as of the end of that semester.</content><note type="source"><p>Source Note: The provisions of this §22.258 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.259"><num value="22.259">§22.259</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause, the Program Officer at a participating institution may allow an otherwise eligible student to receive a grant:(1) while maintaining a grade point average below the required level, as defined in §22.257 of this subchapter (relating to Satisfactory Academic Progress);(2) while maintaining a completion rate below the required level, as defined in §22.257 of this subchapter;(3) while enrolled less than half time;(4) while enrolled in semester credit hours in excess of the attempted hour limit, as defined in §22.258(c) of this subchapter (relating to Discontinuation of Eligibility and Non-Eligibility), though the total number of semester credit hours paid for, at least in part, with Program funding may not exceed 75 or its equivalent; or(5) while enrolled beyond the time limit restrictions, as defined in §22.258(d) of this subchapter.(b) Hardship conditions may include, but are not limited to:(1) documentation of a severe illness or other debilitating condition that may affect the student's academic performance;(2) documentation that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; (3) documentation of the birth of a child or placement of a child with the student for adoption or foster care, that may affect the student's academic performance; or(4) the requirement of fewer than six semester credit hours or their equivalent to complete one's degree or certificate plan.(c) Documentation of the hardship circumstances approved for a student to receive a grant must be kept in the student's files, and the institution must identify students approved for a grant based on a hardship to the Coordinating Board, so that it may appropriately monitor each student's period of eligibility.(d) Each institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.</content><note type="source"><p>Source Note: The provisions of this §22.259 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.260"><num value="22.260">§22.260</num><heading>Priorities in Grants to Students</heading><content>(a) If funds available for the Program are insufficient to allow grants to all eligible students, continuation grants will be given priority.(b) In determining who should receive an initial year grant, an institution shall give priority to those students who graduated with a grade point average in the top 25 percent of their high school graduating class in one of the two prior academic years.(c) In determining who should receive an initial year grant, an institution shall give priority to those students who have a Student Aid Index that does not exceed 60 percent of the average statewide amount of tuition and fees for general academic teaching institutions for the relevant academic year.(d) In determining who should receive an initial year grant, an institution shall give highest priority to students who demonstrate the greatest financial need at the time the grant is made.(e) Each institution shall ensure that an eligible student who is described by both subsections (b) and (c) of this section receives an initial grant under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §22.260 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective May 15, 2025, 50 TexReg 2792; amended to be effective February 12, 2026, 51 TexReg 728.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.261"><num value="22.261">§22.261</num><heading>Grant Amounts</heading><content>(a) Grant Amounts.(1) The Coordinating Board shall determine and announce the maximum grant amount in a given state fiscal year by January 31 of the prior fiscal year. The calculation of the maximum grant amount for a semester will be based on the average statewide amount of tuition and required fees at eligible institutions that a resident student enrolled full-time in an associate degree or certificate program measured in semester credit hours would be charged for that semester (Texas Education Code, §56.407).(2) In the Coordinating Board's determination of the maximum grant amount, the average amount of tuition and required fees is determined by institution type (public junior colleges, public state colleges, and public technical institutes), utilizing the most recent Integrated Fiscal Reporting System reports to project the value. The Polytechnic College at Sam Houston State University is considered a public technical institute for this purpose.(b) The amount of a grant offered by the institution may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid received exceeds the student's cost of attendance. However, no student's grant shall be greater than the amount of the student's financial need.(c) A participating institution may not charge a person receiving a grant through that institution an amount of tuition and required fees in excess of the grant received by the person. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a grant. If an institution's tuition and fee charges exceed the grant, it may address the shortfall in one of two ways:(1) use other available sources of financial aid to cover any difference in the amount of the grant and the student's actual amount of tuition and required fees at the institution, provided that the other available sources of financial aid do not include a loan; or(2) exempt the excess charges for the student. However, if an exemption is used, the institution may not report the recipient's tuition and fees in a way that would increase the general revenue appropriations to the institution.(d) Grant calculations are to be completed in accordance with §22.8 of this chapter (relating to Financial Aid Adjustments).</content><note type="source"><p>Source Note: The provisions of this §22.261 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective November 22, 2020, 45 TexReg 8341; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792; amended to be effective February 12, 2026, 51 TexReg 728.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.262"><num value="22.262">§22.262</num><heading>Allocation of Funds - Public Junior Colleges</heading><content>(a) Allocations are to be determined on an annual basis as follows:(1) The allocation base for each eligible institution will be the number of students it reported in the most recent certified Financial Aid Database submission who met the following criteria:(A) were classified as residents of Texas as defined in §22.1 of this chapter (relating to Definitions);(B) were enrolled as undergraduates in an associate degree or certificate program half-time, three-quarter time or full-time, with full-time students weighted as 1, three-quarter time students weighted as 0.75, and half-time students weighted as 0.50, as reported in the Financial Aid Database submission; and(C) have a 9-month Student Aid Index, calculated using federal methodology, less than or equal to the Federal Pell Grant eligibility Student Aid Index cap for the year reported in the Financial Aid Database submission.(2) Each institution's percent of the available funds will equal its percent of the state-wide need as determined by multiplying each institution's enrollments by the respective grant maximums of students who meet the criteria in subsection (a)(1) of this section.(3) Allocations for both years of the state appropriations' biennium will be completed at the same time. The three most recent certified Financial Aid Database submissions will be utilized to forecast the data utilized in the calculation of the allocation for the second year of the biennium. Institutions will receive notification of their allocations for both years of the biennium at the same time.(4) Allocation calculations will be shared with all participating institutions for comment and verification prior to final posting and the institutions will be given ten working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the data they submitted or to advise the Coordinating Board of any inaccuracies.(b) Reductions in Funding.(1) If annual funding for the Program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.(2) If annual funding is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.</content><note type="source"><p>Source Note: The provisions of this §22.262 adopted to be effective November 28, 2005, 30 TexReg 7871; amended to be effective November 20, 2013, 38 TexReg 8201; amended to be effective March 4, 2015, 40 TexReg 926; amended to be effective November 25, 2015, 40 TexReg 8208; amended to be effective February 28, 2018, 43 TexReg 1084; amended to be effective August 27, 2018, 43 TexReg 5512; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.264"><num value="22.264">§22.264</num><heading>Allocation of Funds - Public Technical and State Colleges</heading><content>(a) Allocations for public state colleges, public technical institutes, and the Polytechnic College at Sam Houston State University are to be determined on an annual basis as follows:(1) The allocation base for each eligible institution will be the number of students it reported in the most recent certified Financial Aid Database submission who met the following criteria:(A) were classified as residents of Texas, as defined in §22.1 of this chapter (relating to Definitions);(B) were enrolled as undergraduates in an associate degree or certificate program half-time, three-quarter time, or full-time, with full-time students weighted as 1, three-quarter time students weighted as 0.75, and half-time students weighted as 0.50, as reported in the Financial Aid Database submission; and(C) have a 9-month Student Aid Index, calculated using federal methodology, less than or equal to the Federal Pell Grant eligibility Student Aid Index cap for the year reported in the Financial Aid Database submission.(2) Each institution's percent of the available funds will equal its percent of the state-wide need as determined by multiplying each institution's enrollments by the respective grant maximums of students who meet the criteria in paragraph (1) of this subsection.(3) Allocations for both years of the state appropriations' biennium will be completed at the same time. The three most recent certified Financial Aid Database submissions will be utilized to forecast the data utilized in the calculation of the allocation for the second year of the biennium. Institutions will receive notification of their allocations for both years of the biennium at the same time.(4) Verification of Data. Allocation calculations will be shared with all participating institutions for comment and verification prior to final posting, and the institutions will be given 10 working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the data they submitted or to advise the Coordinating Board of any inaccuracies.(b) Reductions in Funding.(1) If annual funding for the Program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.(2) If annual funding is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.</content><note type="source"><p>Source Note: The provisions of this §22.264 adopted to be effective August 27, 2018, 43 TexReg 5512; amended to be effective February 15, 2024, 49 TexReg 686; amended to be effective May 15, 2025, 50 TexReg 2792; amended to be effective February 12, 2026, 51 TexReg 728.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scM/s22.265"><num value="22.265">§22.265</num><heading>Disbursement of Funds to Institutions</heading><content>As requested by institutions throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Disbursement of Funds). Institutions will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, institutions lose claim to any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Coordinating Board for utilization in grant processing. Should these unspent funds result in additional funding available for the next biennium's program, revised allocations, calculated according to the allocation methodology outlined in this rule, will be issued to participating institutions during the fall semester.</content><note type="source"><p>Source Note: The provisions of this §22.265 adopted to be effective February 15, 2024, 49 TexReg 688; amended to be effective May 15, 2025, 50 TexReg 2792.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scN"><num value="N">SUBCHAPTER N</num><heading>TEXAS LEADERSHIP SCHOLARS PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.285"><num value="22.285">§22.285</num><heading>Authority and Purpose</heading><content>(a) Authority for this subchapter is provided in Texas Education Code, chapter 61, subchapter T-3, §§61.891 - 61.897, Texas Leadership Scholars Program.(b) The purpose of this program is to provide merit scholarships coupled with academic achievement support and leadership development to assist eligible students to enroll in and graduate from public institutions of higher education in this state.</content><note type="source"><p>Source Note: The provisions of this §22.285 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.286"><num value="22.286">§22.286</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.(1) Administrator--The institution of higher education contracted by the Texas Higher Education Coordinating Board to administer the Program.(2) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(3) Commissioner--The Commissioner of Higher Education.(4) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board and its staff.(5) Eligible Institution--A general academic teaching institution as defined by section 61.003(3) of the Texas Education Code.(6) Mentoring--A program in which a student is paired with or serves as a mentor.(7) Program--The Texas Leadership Scholars Program.(8) Scholar--An eligible student who applied and was selected to participate in the Texas Leadership Scholars Program by a participating institution.(9) Scholarship--A scholarship awarded to a scholar under the Program.</content><note type="source"><p>Source Note: The provisions of this §22.286 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.287"><num value="22.287">§22.287</num><heading>Eligible Institutions</heading><content>(a) Responsibilities. A participating eligible institution is required to:(1) Abide by the General Provisions outlined in subchapter A of this chapter (relating to General Provisions);(2) Create and comply with policies that prohibit discrimination against or deny participation in or the benefits of the Program described in this subchapter on the basis; of race, color, national origin, gender, religion, age, or disability;(3) Comply with the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment;(4) Ensure each Scholar receives sufficient financial aid from federal, state, and institutional grants and scholarships other than the scholarship awarded under the program to cover full tuition and fees for 4 years at no cost to the Scholar so long as the Scholar maintains eligibility; and(5) Provide all reports regarding the program to the Coordinating Board or Administrator.(b) Approval.(1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to receiving reimbursement through the program.(2) Approval Deadline.(A) Each eligible institution must indicate an intent to participate in the program by emailing the Administrator by June 15 and enter into an agreement with the Coordinating Board by August 31 for qualified students enrolled in that institution to be eligible to receive scholarships in the following biennium.(B) Notwithstanding subparagraph (A) of this paragraph, for the 2023-24 academic year, an eligible institution may indicate intent to participate in the program by the administrative deadline established by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §22.287 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.288"><num value="22.288">§22.288</num><heading>Eligible Students</heading><content>(a) To receive an initial award through the Program, a student must:(1) Submit an application for scholarship consideration through the Coordinating Board or Administrator;(2) Have Texas resident status, as determined by chapter 21, subchapter B of this title (relating to Determination of Resident Status);(3) Graduate from a Texas public high school, including an open-enrollment charter school;(4) Be enrolled full-time in a baccalaureate degree program at a participating institution the fall semester immediately following high school graduation;(5) Have applied for any available financial aid assistance;(6) Be TEXAS Grant eligible, as determined by subchapter L, §22.228 of this chapter (relating to Eligible Students) and meet one of the following criteria under subparagraph (A) or (B) of this paragraph:(A) Graduate with a distinguished level of achievement under the foundation high school program, and:(i) Graduate in the top 10% of the student's high school graduating class; or(ii) Submit with the application a nomination letter from the student's high school principal or counselor; or(B) Be eligible to graduate with a Texas First Diploma as set out in chapter 21, subchapter D of this title (relating to Texas First Early High School Completion Program).(b) To receive a continuation award through the Program, a scholar must:(1) Have previously received an initial year award through this Program;(2) Be enrolled full-time in a baccalaureate degree program where the scholar received initial award or at another participating eligible institution to which the student has transferred during the period of eligibility;(3) Make satisfactory academic progress toward the baccalaureate degree at the eligible institution, as defined in §22.289 of this subchapter (relating to Satisfactory Academic Progress) unless the scholar is granted a hardship extension in accordance with §22.295 of this subchapter (relating to Hardship Provision);(4) Have completed or is on target to complete programmatic requirements set forth in §22.291 and §22.292 of this subchapter (relating to Scholarship Selection Criteria and Academic Achievement Support, respectively) as reported by participating institution; and(5) Apply for any available financial aid assistance during each year of eligibility.(c) A student who does not meet the financial need criteria under subsection (a)(6) remains eligible for a continuation award and all benefits of the Program, but the participating institution in which the student is enrolled is not subject to §22.287(a)(4) of this subchapter (relating to Eligible Institutions). Each institution shall make every effort to meet the requirements of §22.287(a)(4) for each continuing student participating in the Program.</content><note type="source"><p>Source Note: The provisions of this §22.288 adopted to be effective February 15, 2024, 49 TexReg 689; amended to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.289"><num value="22.289">§22.289</num><heading>Satisfactory Academic Progress</heading><content>To qualify for a scholarship, each recipient of the scholarship shall meet the satisfactory academic progress requirements as utilized by the financial aid office of the eligible institution to determine eligibility for federal financial aid programs.</content><note type="source"><p>Source Note: The provisions of this §22.289 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.290"><num value="22.290">§22.290</num><heading>Transfer</heading><content>A Scholar may transfer to another eligible institution not more than once during the student's period of eligibility. The Coordinating Board shall ensure that a participating eligible institution who enrolls a Scholar receives the scholarship funds for that student's remaining period of eligibility.</content><note type="source"><p>Source Note: The provisions of this §22.290 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.291"><num value="22.291">§22.291</num><heading>Scholarship Selection Criteria</heading><content>The Coordinating Board or Administrator will receive scholarship applications and will forward qualified applications to each participating eligible institution of interest and the participating eligible institutions shall make selections based on a student's:(1) Scholarship interest through the application;(2) Ranking of the participating eligible institution as a top choice;(3) Eligibility criteria set forth in §22.288 of this subchapter (relating to Eligible Students);(4) Evidence of leadership and service within their high school and community; and(5) Demonstrated academic achievement and ability.</content><note type="source"><p>Source Note: The provisions of this §22.291 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.292"><num value="22.292">§22.292</num><heading>Academic Achievement Support</heading><content>(a) Each participating eligible institution shall ensure that each Scholar's experience includes, at a minimum, the following academic programmatic elements:(1) Program cohort learning communities;(2) Mentoring, research, and internship opportunities;(3) Networking with state government, business, and civic leaders; and(4) Statewide cohort learning institutes or seminars.(b) The Coordinating Board may enter into agreements with participating eligible institutions to provide research-based support for scholars to make satisfactory academic progress and graduate on time at participating institutions.(c) If a participating eligible institution is unable to include a scholar or scholars in subsection (a) of this section, academic programmatic elements, they must provide alternative programming that has been approved by the Commissioner to aid the scholar in making academic progress.</content><note type="source"><p>Source Note: The provisions of this §22.292 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.293"><num value="22.293">§22.293</num><heading>Leadership Development</heading><content>(a) Each participating eligible institution must ensure that a Scholar's experience includes, at a minimum, the following cohort-based leadership development elements:(1) Leadership development programming; and(2) Scholar summer programming which may be met through participating in a leadership conference, study abroad, or internship opportunities.(b) The Coordinating Board may enter into agreements with participating eligible institutions to provide leadership development opportunities for scholars.(c) If a participating eligible institution is unable to include a scholar or scholars in subsection (a) of this section, leadership development requirements, they must provide alternative programming that has been approved by the Commissioner to meet similar outcomes.</content><note type="source"><p>Source Note: The provisions of this §22.293 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.294"><num value="22.294">§22.294</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>(a) A student who has already earned a baccalaureate degree at any public or private post-secondary institution is ineligible to participate in the program.(b) Unless granted a hardship postponement in accordance with §22.295 of this subchapter (relating to Hardship Provisions), a student's eligibility for a grant ends:(1) Five years from the start of the semester in which the student enrolls in the baccalaureate degree program at the eligible institution;(2) Once the student has earned a cumulative total of 150 credit hours, including transferred hours, as verified by the student's institution; or(3) If a Scholar transfers to another institution, except as authorized under §22.290 of this subchapter (relating to Transfer).(c) Except as provided in §22.295 of this subchapter, a student may not receive a scholarship more than four years from the start of the semester in which the student enrolls in the baccalaureate degree program at the participating eligible institution.</content><note type="source"><p>Source Note: The provisions of this §22.294 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.295"><num value="22.295">§22.295</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause as determined by the eligible institution, the Program Officer at the institution may allow an otherwise eligible Scholar to receive a scholarship:(1) While enrolled in fewer semester credit hours than required in §22.288 of this subchapter (relating to Eligible Students);(2) If the Scholar fails to meet the satisfactory academic progress requirements of §22.288 of this subchapter; or(3) If the scholar requires an extension of the limits found in §22.294(b) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility) to complete his or her degree.(b) Hardship conditions may include:(1) Documentation of a serious health/condition that makes the Scholar unable to attend school or complete academic study;(2) Documentation that the Scholar is responsible for the care of a child, spouse, or parent who has a serious health condition, sick, injured, or and that the scholar's provision of care may affect his or her academic performance;(3) The birth of a child or placement of a child with the student for adoption or foster care; or(4) Scholar needing fewer than twelve semester credit hours to complete Scholar's degree plan.(c) A hardship under this section may extend for a period of no longer than one year.(d) Documentation of the hardship circumstances approved for a Scholar to receive a scholarship must be kept in the Scholar's files, and the institution must identify Scholars approved for a scholarship based on a hardship to the Coordinating Board, so that it may appropriately monitor each Scholar's period of eligibility.(e) Eligible institutions shall adopt a hardship policy under this section, share such policy with Scholars and have the policy available in the financial aid office for public review upon request.</content><note type="source"><p>Source Note: The provisions of this §22.295 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.296"><num value="22.296">§22.296</num><heading>Scholarship Amounts and Allocation of Funds</heading><content>(a) Funding. The Coordinating Board may not award through this program an amount that exceeds the amount of state appropriations and other funds that are available for this use.(b) Scholarship Amounts.(1) The amount of the scholarship in an academic year shall be the average cost of housing and food at the participating institution as approved by the Coordinating Board; and(2) An institution may not reduce the amount of a scholarship by any gift aid for which the Scholar receiving the scholarship is eligible unless the total amount of a Scholar's scholarship plus any gift aid received exceeds the Scholar's cost of attendance.(c) Allocation of Funds.(1) The Commissioner shall determine and announce the number of initial scholarships available to each participating institution by January 31 of the prior fiscal year set forth in §22.288(a) of this subchapter (relating to Eligible Students);(2) The number of scholarships for returning scholars will be the number of scholars eligible to receive the scholarship set forth in §22.288(b) of this subchapter; and(3) Each participating eligible institution will receive an annual allocation equal to the number of scholarships times the average housing and food approved by the Commissioner. This amount shall include the amount necessary to cover the scholarships of a Scholar who transferred to the institution as authorized under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §22.296 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scN/s22.297"><num value="22.297">§22.297</num><heading>Disbursement of Funds</heading><content>Upon request by an institution throughout the academic year, the Coordinating Board shall forward to each participating eligible institution a portion of its allocation of funds for timely disbursement to Scholars. Each participating eligible institution shall have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, an institution may lose any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to Scholars. Funds released in this manner are deemed returned to the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §22.297 adopted to be effective February 15, 2024, 49 TexReg 689.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scO"><num value="O">SUBCHAPTER O</num><heading>TEXAS LEADERSHIP RESEARCH SCHOLARS PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.300"><num value="22.300">§22.300</num><heading>Authority and Purpose</heading><content>(a) Authority for this subchapter is provided in Texas Education Code, chapter 61, subchapter T-3, §§61.891 - 61.897, Texas Leadership Scholars Program.(b) The purpose of this program is to provide research scholarships coupled with academic achievement support and leadership development to assist eligible graduate students to enroll in and graduate from public institutions of higher education in this state.</content><note type="source"><p>Source Note: The provisions of this §22.300 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.301"><num value="22.301">§22.301</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions) the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.(1) Administrator--The institution of higher education contracted by the Coordinating Board to administer the Program.(2) Eligible Institution--A general academic teaching institution as defined by Texas Education Code, §61.003(3).(3) Leadership Scholarship--The scholarship awarded to an undergraduate student in the program under subchapter N of this chapter (relating to Texas Leadership Scholars Grant Program).(4) Program--The Texas Leadership Research Scholars Grant Program.(5) Research Doctoral Degree--In this subchapter, Research Doctoral Degree means a research doctoral degree that is included on the list of research doctoral degrees published annually by Coordinating Board staff on March 1 of each fiscal year. The list of research doctoral degrees shall be annually updated by Coordinating Board staff to reflect all degree titles included in the most recently published National Science Foundation Survey of Earned Doctorates and any additional degree titles identified by the Commissioner.(6) Research Scholar--An eligible graduate student who was nominated and selected to participate in the Texas Leadership Research Scholars Grant Program.(7) Research Scholarship--The scholarship awarded to a graduate student in the Program.</content><note type="source"><p>Source Note: The provisions of this §22.301 adopted to be effective May 16, 2024, 49 TexReg 3276; amended to be effective November 14, 2024, 49 TexReg 8901.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.302"><num value="22.302">§22.302</num><heading>Eligible Institutions</heading><content>(a) Eligible Institution means a general academic teaching institution that awarded at least one research doctoral degree in the most recent year used by the Commissioner to make an allocation under §22.310 of this subchapter (relating to Scholarship Amounts and Allocation of Funds).(b) Responsibilities. A participating eligible institution is required to:(1) Abide by the General Provisions outlined in subchapter A of this chapter (relating to General Provisions);(2) Have and comply with policies that prohibit discrimination against or deny participation in or the benefits of the Program described in this subchapter on the basis of race, color, national origin, gender, religion, age, or disability;(3) Comply with the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment; and(4) Provide all reports regarding the program to the Coordinating Board or Administrator.(c) Approval.(1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to receiving a disbursement of funds through the Program.(2) Approval Deadline.Each eligible institution must indicate an intent to participate in the Program by emailing the Administrator by December 15 and enter into an agreement with the Coordinating Board by August 31 for qualified students enrolled in that institution to be eligible to receive scholarships in the following fiscal year.</content><note type="source"><p>Source Note: The provisions of this §22.302 adopted to be effective May 16, 2024, 49 TexReg 3276; amended to be effective February 12, 2026, 51 TexReg 729.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.303"><num value="22.303">§22.303</num><heading>Eligible Students</heading><content>(a) To receive an initial award through the Program, a student must:(1) Be enrolled in a research doctoral degree program at a participating institution;(2) Demonstrate that the student has either:(A) Graduated from a Texas public high school, including an open-enrollment charter school, during the ten years preceding the date of the student's application to the program; or(B) Graduated from a Texas public, private or independent institution of higher education as defined by sections 61.003(8) or (15) of the Texas Education Code.(3) Be enrolled full-time in a doctorate degree program at a participating institution;(4) Have applied for any available financial aid assistance;(5) Be economically disadvantaged by either:(A) having received a Pell Grant while enrolled as an undergraduate student; or(B) having received a TEXAS grant or Tuition Equalization Grant (TEG) as an undergraduate student; or(C) having received a Leadership Scholarship as an undergraduate student.(6) Be nominated by the institution of higher education where the student is enrolled on the basis of merit and leadership potential.(b) To receive a continuation award through the Program, a Research Scholar must:(1) Have previously received an initial year award through this Program;(2) Be enrolled in a research doctoral degree program where the Research Scholar received initial award;(3) Make satisfactory academic progress toward the research doctoral degree at the eligible institution, as defined in §22.304 of this subchapter (relating to Satisfactory Academic Progress) unless the Research Scholar is granted a hardship extension in accordance with §22.309 of this subchapter (relating to Hardship Provision); and(4) Have completed or is on target to complete programmatic requirements set forth in §22.306 and §22.307 of this subchapter (relating to Academic Achievement Support and Leadership Development, respectively) as reported by participating institution.</content><note type="source"><p>Source Note: The provisions of this §22.303 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.304"><num value="22.304">§22.304</num><heading>Satisfactory Academic Progress</heading><content>To qualify for a Scholarship, each recipient of the Scholarship shall meet the satisfactory academic progress requirements as utilized by the financial aid office of the Eligible Institution to determine eligibility for federal financial aid programs.</content><note type="source"><p>Source Note: The provisions of this §22.304 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.305"><num value="22.305">§22.305</num><heading>Scholarship Selection Criteria</heading><content>The Coordinating Board or Administrator will receive nominations from Eligible Institutions and will approve the nominations based on eligibility criteria set forth in §22.303 of this subchapter (relating to Eligible Students) and on the availability of funds set forth in §22.310(c) of this subchapter (relating to Scholarship Amounts and Allocation of Funds).</content><note type="source"><p>Source Note: The provisions of this §22.305 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.306"><num value="22.306">§22.306</num><heading>Academic Achievement Support</heading><content>(a) Each participating Eligible Institution shall ensure that each Research Scholar's experience includes, at a minimum, the following academic programmatic elements:(1) Program cohort learning communities;(2) Mentoring, research, and internship opportunities;(3) Networking with state government, business, and civic leaders; and(4) Statewide cohort learning institutes or seminars.(b) The Coordinating Board may enter into agreements with participating eligible institutions to provide research-based support for scholars to make satisfactory academic progress and graduate on time at participating institutions.</content><note type="source"><p>Source Note: The provisions of this §22.306 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.307"><num value="22.307">§22.307</num><heading>Leadership Development</heading><content>(a) Each participating Eligible Institution must ensure that a Research Scholar's experience includes, at a minimum, the following leadership development elements:(1) Leadership development programming; and(2) Scholar summer programming which may be met through participating in a leadership conference, study abroad, or internship opportunities.(b) The Coordinating Board may enter into agreements with participating eligible institutions to provide leadership development opportunities for scholars.</content><note type="source"><p>Source Note: The provisions of this §22.307 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.308"><num value="22.308">§22.308</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>(a) A student who has already earned a research doctoral degree at any public or private post-secondary institution is ineligible to participate in the Program.(b) Unless granted a hardship postponement in accordance with §22.309 of this subchapter (relating to Hardship Provisions), a student's eligibility for a grant ends:(1) Four years from the start of the semester in which the student enrolls in the research doctoral degree program at the eligible institution; or(2) If a Research Scholar transfers to another institution.</content><note type="source"><p>Source Note: The provisions of this §22.308 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.309"><num value="22.309">§22.309</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause as determined by the Eligible Institution, the Program Officer at the institution may allow an otherwise eligible Research Scholar to receive a Scholarship:(1) while enrolled in fewer semester credit hours than required in §22.303 of this subchapter (related to Eligible Students);(2) If the Scholar fails to meet the satisfactory academic progress requirements of §22.303 of this subchapter; or(3) If the Scholar requires an extension of the limits found in §22.308(b) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility) to complete his or her degree, provided that the total number of years the Scholar receives a scholarship under the program does not exceed four years.(b) Hardship conditions may include, but are not limited to:(1) Documentation of a serious health condition that makes the Research Scholar unable to attend school or complete academic study;(2) Documentation that the Research Scholar is responsible for the care of a child, spouse, or parent who has a serious health condition, sick, injured, or and that the scholar's provision of care may affect his or her academic performance; or(3) The birth of a child or placement of a child with the student for adoption or foster care.(c) A hardship under this section may extend for a period of no longer than one year.(d) An institution must keep documentation of the hardship circumstances approved for a Research Scholar in the Research Scholar's files. An Eligible Institution must report each hardship extension it grants to a Research Scholar to the Coordinating Board, so the board may appropriately monitor each Research Scholar's period of eligibility.(e) Eligible institutions shall adopt a hardship policy under this section, share such policy with Research Scholars and have the policy available in the financial aid office for public review upon request.</content><note type="source"><p>Source Note: The provisions of this §22.309 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.310"><num value="22.310">§22.310</num><heading>Scholarship Amounts and Allocation of Funds</heading><content>(a) Funding. The Coordinating Board may not award through this Program an amount that exceeds the amount of state appropriations and other funds that are available for this use.(b) Scholarship Amounts.(1) The Commissioner shall establish the amount of each Research Scholarship in an academic year that is 150% of the average of the amount of the Leadership Scholarships awarded across participating eligible institutions under subchapter N of this chapter (relating to Texas Leadership Scholars Grant Program), based on available appropriations for the Program. The Scholarship may be applied toward housing, food, or other costs of attendance allowed under the Program, at the participating eligible institution as approved by the Coordinating Board.(2) An eligible institution may not reduce the amount of a scholarship by any gift aid for which the Research Scholar receiving the scholarship is eligible unless the total amount of a Research Scholar's scholarship plus any gift aid received exceeds the Research Scholar's cost of attendance.(3) An eligible institution shall ensure each Research Scholar receives the scholarship awarded under the program for four (4) years so long as the scholar maintains eligibility set forth in §22.303(b) of this subchapter (relating to Eligible Students).(c) Allocation of Funds.(1) The Commissioner shall determine and announce the number of initial scholarships available to each participating eligible institution by January 31 of the prior fiscal year set forth in §22.303(a) of this subchapter, based on the following criteria:(A) If there is sufficient funding to award one initial scholarship to each eligible institution in a given fiscal year, the Commissioner shall award at least one initial scholarship to each eligible institution;(B) If there are remaining initial scholarships available in a given fiscal year, the Commissioner shall award remaining initial scholarships to each eligible institution based on each eligible institution's share of awarded research doctoral degrees calculated using the most recent year available data reported by the National Science Foundation in the annual Survey of Earned Doctorates; and(C) If there is insufficient funding to award one initial scholarship to each eligible institution in a given fiscal year, the Commissioner shall divide the initial scholarships based on each institution's share of awarded research doctoral degrees calculated using the most recent year available data reported by the National Science Foundation in the annual Survey of Earned Doctorates.(2) The number of Scholarships allocated to each participating eligible institution for returning Research Scholars will be the number of Scholars eligible to receive the Scholarship set forth in §22.303(b) of this subchapter.(3) Each participating eligible institution will receive an annual allocation equal to the number of Scholarships allocated to the institution times the amount established in subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §22.310 adopted to be effective May 16, 2024, 49 TexReg 3276; amended to be effective November 14, 2024, 49 TexReg 8901; amended to be effective February 12, 2026, 51 TexReg 729.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.311"><num value="22.311">§22.311</num><heading>Availability of Funds</heading><content>Funding under this subchapter is subject to legislative appropriation. The Coordinating Board may reduce or modify the amount of funds available under this Program subject to the availability of General Revenue appropriated to the Program.</content><note type="source"><p>Source Note: The provisions of this §22.311 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.312"><num value="22.312">§22.312</num><heading>Disbursement of Funds</heading><content>(a) Each Eligible Institution shall certify compliance with statute and this subchapter and enter into a biennial Participation Agreement in order to receive funds under this Program.(b) Upon request by an Eligible Institution throughout the academic year, the Coordinating Board shall forward to each participating eligible institution a portion of its allocation of funds for timely disbursement to Research Scholars. Each participating eligible institution shall have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber Program funds from their allocation. After that date, an institution may lose any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to Scholars. Funds released in this manner are deemed returned to the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §22.312 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scO/s22.313"><num value="22.313">§22.313</num><heading>Reporting, Audit, and Recoupment</heading><content>(a) The Coordinating Board may require an institution to submit reports documenting compliance with the provisions of statute, this subchapter, and the Program Participation Agreement.(b) An institution shall be subject to compliance monitoring as a condition of receiving funds under this subchapter.(c) An institution shall be subject to recoupment of funds allocated under the Program in the event of over-allocation or misappropriation.</content><note type="source"><p>Source Note: The provisions of this §22.313 adopted to be effective May 16, 2024, 49 TexReg 3276.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scR"><num value="R">SUBCHAPTER R</num><heading>NURSING STUDENTS SCHOLARSHIP PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.360"><num value="22.360">§22.360</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter L, Financial Aid for Professional Nursing Students and Vocational Nursing Students. This subchapter establishes procedures to administer Texas Education Code §§61.651, 61.652, and 61.655 - 61.659.(b) Purpose. The purpose of the Nursing Students Scholarship Program is to promote the health care and educational needs of this state by providing scholarships to eligible professional and vocational nursing students.</content><note type="source"><p>Source Note: The provisions of this §22.360 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.361"><num value="22.361">§22.361</num><heading>Definitions</heading><content>In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Professional Nursing Program--A course of study at an eligible institution leading to an undergraduate or graduate degree in professional nursing.(2) Program--The Nursing Students Scholarship Program.(3) Scholarship(s)--A scholarship offered through this subchapter.(4) Vocational Nursing Program--A course of study at an eligible institution intended to prepare a student for licensure as a licensed vocational nurse.</content><note type="source"><p>Source Note: The provisions of this §22.361 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.362"><num value="22.362">§22.362</num><heading>Eligible Institutions</heading><content>(a) Eligibility.(1) A college or university defined as an institution of higher education as defined by Texas Education Code, §61.003(8), private or independent institution of higher education as defined by Texas Education Code, §61.003(15), or an institution described by Texas Education Code, §61.651(1)(C), is eligible to participate in the program.(2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.(3) A participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.(b) Approval.(1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner or his/her designee, prior to being approved to participate in the program.(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive scholarships in the following state fiscal year.(3) Notwithstanding subsection (a)(2) of this section, for the 2024 - 2025 academic year, an institution may indicate intent to participate in the program by the administrative deadline established by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §22.362 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.363"><num value="22.363">§22.363</num><heading>Eligible Students</heading><content>To be eligible for a scholarship through the program, a student must:(1) be a resident of Texas;(2) show financial need;(3) be enrolled in a professional or vocational nursing program on at least a half-time basis; and(4) have made satisfactory academic progress in accordance with the student's institutions' financial aid academic progress requirements.</content><note type="source"><p>Source Note: The provisions of this §22.363 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.364"><num value="22.364">§22.364</num><heading>Priority in Scholarships to Students</heading><content>(a) If appropriations for the program are insufficient to allow scholarships to all eligible students, priority shall be given to those students who received a scholarship in the prior academic year and continue to demonstrate eligibility pursuant to this subchapter.(b) In determining student eligibility for a scholarship pursuant to §22.363 of this subchapter (relating to Eligible Students), priority shall be given to those students who demonstrate the greatest financial need at the time the offer is made.(c) In determining student eligibility for a scholarship pursuant to §22.363 of this subchapter (relating to Eligible Students), priority shall be given to those students enrolled in professional nursing or vocational nursing programs who are not yet licensed as a registered nurse in Texas or any other state.(d) An institution may set additional prioritization criteria for the awarding of scholarships, so long as such criteria comply with this subchapter and Texas Education Code, §61.655.</content><note type="source"><p>Source Note: The provisions of this §22.364 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.365"><num value="22.365">§22.365</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>(a) Unless granted a hardship extension in accordance with §22.366 of this subchapter (relating to Hardship Provisions), a student's eligibility ends when the student has attempted 15 semester credit hours, or the equivalent, more than the amount required to complete the degree or certificate program in which the student is enrolled.(b) In determining eligibility with respect to subsection (a) of this section, a student who has received a scholarship during a previous course of study is considered to have started the student's new course of study with zero semester credit hours, or the equivalent, attempted if the student:(1) meets all other eligibility criteria; and(2) completed the previous course of study by earning the intended degree or certificate.</content><note type="source"><p>Source Note: The provisions of this §22.365 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.366"><num value="22.366">§22.366</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause, the Program Officer at a participating institution may allow an otherwise eligible student to receive a scholarship:(1) while failing to make satisfactory academic progress in accordance with the institution's financial aid academic progress requirements;(2) while enrolled less than half-time; or(3) while enrolled beyond the scholarship receipt limit, as defined in §22.365(a) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility).(b) Hardship conditions may include, but are not limited to:(1) documentation of a severe illness or other debilitating condition that may affect the student's academic performance;(2) documentation that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance;(3) documentation of the birth of a child or placement of a child with the student for adoption or foster care, that may affect the student's academic performance; or(4) the requirement of less than half-time enrollment to complete one's degree or certificate plan.(c) Documentation of the hardship circumstances approved for a student to receive a scholarship must be kept in the student's files, and the institution must identify students approved for a scholarship based on a hardship to the Coordinating Board.(d) Each institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.</content><note type="source"><p>Source Note: The provisions of this §22.366 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.367"><num value="22.367">§22.367</num><heading>Scholarship Amount</heading><content>(a) Scholarship Amount. Each state fiscal year, the maximum scholarship amount per semester shall be:(1) for institutions eligible to offer grants through the Texas Educational Opportunity Grant Program, the maximum grant amount established in §22.261(b) of this chapter (relating to Grant Amounts);(2) for institutions eligible to offer grants through the Toward EXcellence, Access, and Success (TEXAS) Grant Program, the maximum grant amount established in §22.234(b) of this chapter (relating to Grant Amounts); or(3) for institutions eligible to offer grants through the Tuition Equalization Grant Program or an institution described by Texas Education Code, §61.651(1)(C), one half of the maximum grant amount established in §22.28(a)(3)(A) of this chapter (relating to Award Amounts and Adjustments).(b) The amount of a scholarship plus any other gift aid may not exceed the student's financial need.(c) For an eligible student who also is a Texas Educational Opportunity Grant or Toward EXcellence, Access, and Success (TEXAS) Grant recipient, a scholarship offered under this subchapter may not be used as financial aid to meet the requirements of §22.261(c) (for TEOG recipients) or §22.234(c) (for TEXAS Grant recipients) of this chapter (relating to Grant Amounts respectively).</content><note type="source"><p>Source Note: The provisions of this §22.367 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.368"><num value="22.368">§22.368</num><heading>Allocation of Funds</heading><content>(a) Allocations. Allocations are to be determined as follows:(1) Each institution's percent of the available funds will equal the ratio of its institutional need to the state-wide need.(2) An institution's institutional need is calculated by multiplying:(A) the number of students it reported in the most recent certified Financial Aid Database submission who met the following criteria:(i) were classified as Texas residents;(ii) were enrolled in a vocational or professional nursing program on at least a half-time basis; and(iii) have a 9-month Expected Family Contribution, calculated using federal methodology, less than or equal to the Federal Pell Grant eligibility cap for the year reported in the Financial Aid Database submission; and(B) the institution's maximum scholarship amount, as determined by the Coordinating Board under §22.367(a) of this subchapter (relating to Scholarship Amount).(3) The state-wide need is calculated as the sum of all eligible institutions' institutional need.(4) Allocations for both years of the state appropriations' biennium will be completed at the same time. The three most recent certified Financial Aid Database submissions will be used to forecast the data utilized in the calculation of the allocation for the second year of the biennium. Institutions will receive notification of their allocations for both years of the biennium at the same time.(5) Notwithstanding subsection (a)(4) of this section, allocations for Fiscal Year 2025 will be based on the most recent certified Financial Aid Database submission.(6) Allocation calculations will be shared with all participating institutions for comment and verification prior to final posting and the institutions will be given ten (10) working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the data they submitted or to notify the Coordinating Board in writing of any inaccuracies.(b) Limited Allocation for Certain Institutions. Notwithstanding the allocation methodology established in subsection (a) of this section, an institution described by Texas Education Code, §61.651(1)(C), may not receive more than ten (10) percent of the total amount of scholarship funds allocated in a fiscal year. Excess funds that would otherwise be allocated to such an institution will instead be allocated to the remaining eligible institutions according to the allocation methodology established in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §22.368 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scR/s22.369"><num value="22.369">§22.369</num><heading>Disbursement of Funds</heading><content>(a) Disbursement of Funds to Institutions. As requested by institutions throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students. Institutions will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, institutions lose claim to any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Coordinating Board for utilization in scholarship processing. Should these unspent funds result in additional funding available for the next biennium's program, revised allocations, calculated according to the allocation methodology outlined in this rule, will be issued to participating institutions during the fall semester.(b) Reductions in Funding.(1) If annual funding for the program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.(2) If annual funding is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.</content><note type="source"><p>Source Note: The provisions of this §22.369 adopted to be effective August 15, 2024, 49 TexReg 5984.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scS"><num value="S">SUBCHAPTER S</num><heading>PROFESSIONAL NURSING SHORTAGE REDUCTION PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.501"><num value="22.501">§22.501</num><heading>Authority, Scope, and Purpose</heading><content>(a) Authority. Texas Education Code, §§61.9621 - 61.9628 establishes the Professional Nursing Shortage Reduction Program to help reduce the professional nursing shortage. The statute directs the Coordinating Board to administer a grant program, supervise institutional reporting requirements, and adopt program rules.(b) Scope.(1) Unless otherwise noted, this subchapter applies to any public or private institution of higher education in Texas that offers a professional nursing program that leads to initial licensure.(2) Continued Eligibility of Prior Programs. A professional nursing program offered by an entity other than a public or private or independent institution of higher education that was eligible to receive grants from a program under this subchapter before September 1, 2009, remains eligible to receive a grant from such a program if the entity meets all criteria for a grant other than the criterion of being a program offered by an institution of higher education.(c) Purpose. The purpose of this subchapter is to establish a procedure for administration of an application and reporting process for the determination of awards, a method for determining penalties for missing program reporting deadlines, failing to submit required reports, and the provision to audit award expenditures by recipients under the program.</content><note type="source"><p>Source Note: The provisions of this §22.501 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.502"><num value="22.502">§22.502</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--the Texas Higher Education Coordinating Board.(2) Commissioner--Commissioner of Higher Education.(3) Award--the pro-rata share of the annual distribution made to qualifying applicants from the Professional Nursing Shortage Reduction Program.(4) Application--the form submitted by an institution to apply for an award under this program.(5) Program Report--the expenditure and data report filed by an institution receiving an award.(6) CBM Reporting System--the Coordinating Board's Management reporting system for collecting institution data.</content><note type="source"><p>Source Note: The provisions of this §22.502 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.503"><num value="22.503">§22.503</num><heading>Program Announcements</heading><content>Annually the Board shall provide Program Announcements of the current year's Professional Nursing Shortage Reduction Program to all professional nursing programs in Texas. These announcements will contain the following information:(1) Description of the current year's award programs.(2) A listing of required forms for application to the programs.(3) Application requirements for qualification to receive an award under the programs.(4) Required due date(s) for the submission of any estimate, forms, and/or data to the Coordinating Board.(5) Any supplemental reporting requirements of nursing graduates for purposes of estimated awards.(6) Criteria for awards.</content><note type="source"><p>Source Note: The provisions of this §22.503 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.504"><num value="22.504">§22.504</num><heading>Application for an Award</heading><content>(a) Each institution that wishes to qualify for an award from the program shall submit a fully completed, signed, and dated application by the required due date to be eligible for an award.(b) Applications received after the fifth working day past the required due date as stated in the Program Announcements will be rejected. Institutions that fail to apply for this program by the fifth working day past the required due date shall not be included in the awards.(c) The application shall be in a format and with the specific content prescribed.</content><note type="source"><p>Source Note: The provisions of this §22.504 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.505"><num value="22.505">§22.505</num><heading>Required Reporting of Data</heading><content>(a) Institutions that report to the Coordinating Board Management (CBM) system--An institution that wishes to qualify for an award under this program shall submit the data required for this program as outlined in the Program Announcements.(b) Institutions that do not report to the Coordinating Board Management (CBM) system (i.e. Diploma Programs)--An institution shall submit its required data to the Coordinating Board in a format and with the specific content prescribed.(c) Institutions that fail to report their required data by the reporting deadline shall not be eligible for an award.</content><note type="source"><p>Source Note: The provisions of this §22.505 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.506"><num value="22.506">§22.506</num><heading>Assessment of Penalties</heading><content>(a) The Commissioner may disqualify an institution from the current year's award process if that institution has failed to file any program reports from prior year's awards.(b) Any application received within five working days of the required due date, the Commissioner may penalize an institution by reducing the amount of its award in the current year by 10 percent.</content><note type="source"><p>Source Note: The provisions of this §22.506 adopted to be effective February 18, 2008, 33 TexReg 1326.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.507"><num value="22.507">§22.507</num><heading>Required Reporting of Award Expenditures</heading><content>(a) Institutions that have received and/or will receive an award under the program shall provide a separate program report for the each award year and expenditure year until it has expended its award and submitted a final report that shows the expenditure of all award funds.(b) Any award funds remaining unspent at the end of four fiscal years after the fiscal year of the award must be returned to the Coordinating Board within sixty days.(c) Any award advance funds that remain unearned by the date specified in the program announcement(s) shall be refunded to the Coordinating Board within five calendar days.(d) The program report shall be in a format and with the specific content prescribed by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §22.507 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective November 18, 2008, 33 TexReg 9232; amended to be effective August 26, 2009, 34 TexReg 5689.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scS/s22.508"><num value="22.508">§22.508</num><heading>Expenditure Restrictions, Accounting Requirements, and Audit Provisions</heading><content>(a) Expenditure Restrictions--For awards prior to September 1, 2009, qualified expenditures are further defined as salary/payroll expenditures and/or contract expenditures for contracts for nursing faculty or nursing preceptor positions. This restriction does not apply to any Professional Nursing Shortage Reduction program awards made after August 31, 2009.(b) Accounting Requirements--Each award from this program shall be accounted for separately in the books and records of receiving institutions.(c) Audit Provisions--Any awards made under this program or data submitted under this program are subject to audit by internal and/or external auditors, including Coordinating Board staff. Institutions that receive an award of $500,000 or more shall submit an independent audit report for that award to the Coordinating Board within six months after the end of the fiscal year in which that award's funds have completely been expended. Institutions that receive an award of less than $500,000 shall have their internal auditor include the award as a part of its annual risk assessment for audit review. If the award is selected for further review, the internal auditor shall provide the Coordinating Board a copy of its audit report. Audits should determine if awards were expended in compliance with allowable award expenditures.</content><note type="source"><p>Source Note: The provisions of this §22.508 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective November 18, 2008, 33 TexReg 9232; amended to be effective August 26, 2009, 34 TexReg 5689; amended to be effective August 26, 2010, 35 TexReg 7210; amended to be effective May 24, 2011, 36 TexReg 3186.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c22/scT"><num value="T">SUBCHAPTER T</num><heading>TEXAS FIRST SCHOLARSHIP PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c22/scT/s22.550"><num value="22.550">§22.550</num><heading>Authority and Purpose</heading><content>(a) Authority. Unless otherwise noted in a section, the authority for this subchapter is provided in the Texas Education Code, chapter 56 subchapter K-1, Texas First Scholarship Program. This subchapter establishes procedures to administer Texas Education Code, §§56.221 - 56.227.(b) Purpose. The purpose of this program is to incentivize the enrollment of high performing students at Texas institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §22.550 adopted to be effective August 21, 2022, 47 TexReg 4851; amended to be effective February 15, 2024, 49 TexReg 691; amended to be effective May 15, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scT/s22.551"><num value="22.551">§22.551</num><heading>Definitions</heading><content>In addition to the words and terms defined in §13.142 of this title (relating to Definitions) and §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Academic Year--The 12-month period starting with the fall semester.(2) Program--The Texas First Scholarship program.(3) Scholarship--The Texas First Scholarship.</content><note type="source"><p>Source Note: The provisions of this §22.551 adopted to be effective August 21, 2022, 47 TexReg 4851; amended to be effective February 15, 2024, 49 TexReg 691.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scT/s22.552"><num value="22.552">§22.552</num><heading>Eligible Institutions</heading><content>(a) Participation.(1) For any student graduating through the Texas First Early High School Completion Program on or after September 1, 2023, institutions of higher education, as defined in §22.1 of this chapter (relating to Definitions), are required to apply the state credit available to a student through the Program to the eligible student's cost of attendance, as outlined in §22.555 of this subchapter (relating to Scholarship Amount).(2) For any student graduating through the Texas First Early High School Completion Program before September 1, 2023, institutions of higher education, as defined in §22.1 of this chapter, that are designated as either a public research university or public emerging research university under the coordinating board's accountability system are required to apply the state credit available to a student through the Program to the eligible student's costs of attendance, as outlined in §22.555 of this subchapter.(b) Responsibilities. Participating institutions are required to abide by the General Provisions outlined in subchapter A of this chapter (relating to General Provisions), except that the provisions in §22.2 of this chapter (relating to Timely Distribution of Funds) do not apply to this Program.(c) Approval. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to receiving reimbursement through the program.</content><note type="source"><p>Source Note: The provisions of this §22.552 adopted to be effective August 21, 2022, 47 TexReg 4851; amended to be effective February 15, 2024, 49 TexReg 691; amended to be effective May 15, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scT/s22.553"><num value="22.553">§22.553</num><heading>Eligible Students</heading><content>To qualify for a scholarship, a person must:(1) be enrolled at an eligible institution, as outlined in §22.552 of this subchapter (relating to Eligible Institutions);(2) be a Resident of Texas, as defined in §22.1 of this chapter (relating to Definitions);(3) have graduated early from high school under the Texas First Early High School Completion Program, as described by chapter 21, subchapter D of this title (relating to Texas First Early High School Completion Program);(4) meet the graduation requirement related to financial aid applications, as described by Texas Education Code, §28.0256; and(5) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration).</content><note type="source"><p>Source Note: The provisions of this §22.553 adopted to be effective August 21, 2022, 47 TexReg 4851; amended to be effective May 15, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scT/s22.554"><num value="22.554">§22.554</num><heading>Discontinuation of Eligibility or Non-Eligibility</heading><content>State credit offered to a student through this program expires at the end of the first academic year that begins following the student's graduation from high school.</content><note type="source"><p>Source Note: The provisions of this §22.554 adopted to be effective August 21, 2022, 47 TexReg 4851; amended to be effective February 15, 2024, 49 TexReg 691.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scT/s22.555"><num value="22.555">§22.555</num><heading>Scholarship Amount</heading><content>(a) The scholarship is issued by the Coordinating Board as a state credit for use by an eligible student at any eligible institution.(1) For a student who graduated from high school two or more semesters or the equivalent earlier than the student's high school cohort, the state credit offered to the student will equal the maximum annual (two semester) TEXAS Grant amount determined by the Coordinating Board. The calculation is based on TEXAS Grant value for the first academic year that begins following the student's graduation from high school.(2) For a student who graduated from high school less than two semesters or the equivalent earlier than the student's high school cohort, the state credit offered to the student will equal half of the amount described by paragraph (1) of this subsection.(b) The amount of state credit offered to a student under the program may not be considered in the calculation of any state or institutional need-based financial aid or the calculation of the student's overall financial need, unless the combination of the credit and other federal, state, and institutional financial aid, excluding work-study and loan programs, for which the student would otherwise be eligible exceeds the estimated cost of attendance at the eligible institution at which the student is enrolled.(c) On enrollment of an eligible student at an eligible institution, the institution shall apply the state credit to the student's charges for tuition, mandatory fees, and other costs of attendance.(1) The amount applied for the semester is equal to the lesser of:(A) The amount of the state credit available to the student; or(B) The student's cost of attendance.(2) Remaining state credit may be applied to subsequent semesters within the eligibility period described by §22.554 of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility).</content><note type="source"><p>Source Note: The provisions of this §22.555 adopted to be effective August 21, 2022, 47 TexReg 4851; amended to be effective February 15, 2024, 49 TexReg 691; amended to be effective May 15, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c22/scT/s22.556"><num value="22.556">§22.556</num><heading>Institutional Reimbursement</heading><content>(a) The Coordinating Board shall distribute to each eligible institution an amount of funds equal to the amount of state credit applied by the institution under §22.555 of this subchapter (relating to Scholarship Amount) during the academic period reported under subsection (b) of this section.(b) The institution's annual Financial Aid Database submission will be used to calculate the reimbursement amount.</content><note type="source"><p>Source Note: The provisions of this §22.556 adopted to be effective August 21, 2022, 47 TexReg 4851; amended to be effective February 15, 2024, 49 TexReg 691.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c23"><num value="23">CHAPTER 23</num><heading>EDUCATION LOAN REPAYMENT PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scA/s23.1"><num value="23.1">§23.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(2) Commissioner--The commissioner of higher education.(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board and its staff.</content><note type="source"><p>Source Note: The provisions of this §23.1 adopted to be effective August 15, 2024, 49 TexReg 5988.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scA/s23.2"><num value="23.2">§23.2</num><heading>Eligible Lender and Eligible Education Loan</heading><content>The following requirements regarding eligible lenders and eligible education loans shall apply to all education loan repayment programs administered in this chapter, unless the subchapter clearly indicates otherwise.(1) The Coordinating Board shall retain the right to determine the eligibility of lenders and holders of education loans to which payments may be made.(2) An eligible lender or holder shall, in general, make or hold education loans made to individuals for purposes of undergraduate, graduate, and professional education and shall not be any private individual. An eligible lender or holder may be, but is not limited to, a bank, savings and loan association, credit union, institution of higher education, secondary market, governmental agency, or private foundation. Credit cards, equity loans and other similar personal loan products are not considered educational loans eligible for repayment.(3) To be eligible for repayment, an education loan must:(A) be evidenced by a promissory note for loans to pay for the cost of attendance for the undergraduate, graduate, or professional education of the individual applying for repayment assistance;(B) not have been made during residency or to cover costs incurred after completion of graduate or professional education;(C) not be in default at the time of the applicant's application;(D) not have an existing obligation to provide service for loan forgiveness through another program, unless the program is a loan repayment assistance program funded by the federal government on the condition of matching state funds and that, by rule or exception, does not prohibit concurrent obligations for the same employment or service;(E) not be subject to repayment through another student loan repayment or loan forgiveness program;(F) not be subject to repayment as a condition of employment or through other repayment assistance provided by the applicant's employer while the applicant is participating in the program;(G) if the loan was consolidated with other loans, the applicant must provide documentation of the portion of the consolidated debt that was originated to pay for the cost of attendance for the applicant's undergraduate, graduate, or medical education; and(H) not be an education loan made to oneself from one's own insurance policy or pension plan or from the insurance policy or pension plan of a spouse or other relative.</content><note type="source"><p>Source Note: The provisions of this §23.2 adopted to be effective August 15, 2024, 49 TexReg 5988.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scA/s23.3"><num value="23.3">§23.3</num><heading>Method of Disbursement</heading><content>The following requirements regarding method of disbursement shall apply to all education loan repayment programs administered in this chapter, unless the subchapter clearly indicates otherwise.(1) The annual repayment(s) shall be in one or multiple disbursements made payable to the servicer(s) or holder(s) of the loan upon the eligible applicant's completion of each service period of qualifying employment.(2) The Coordinating Board shall follow Internal Revenue Service requirements for reporting of loan repayment assistance to eligible applicants during each calendar year.</content><note type="source"><p>Source Note: The provisions of this §23.3 adopted to be effective August 15, 2024, 49 TexReg 5988.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scB"><num value="B">SUBCHAPTER B</num><heading>TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scB/s23.31"><num value="23.31">§23.31</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 56, Subchapter O, Teach for Texas Loan Repayment Assistance Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§56.351 - 56.359.(b) Purpose. The purpose of the Teach for Texas Loan Repayment Assistance Program is to recruit and retain classroom teachers in communities and subjects for which there is an acute shortage of teachers in Texas.</content><note type="source"><p>Source Note: The provisions of this §23.31 adopted to be effective June 6, 2016, 41 TexReg 4002; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 14, 2024, 49 TexReg 8903.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scB/s23.32"><num value="23.32">§23.32</num><heading>Definitions</heading><content>In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Certified Educator--A person who has completed all requirements for a standard teaching certificate in the State of Texas. A person holding a probationary certificate, temporary classroom assignment permit, emergency permit, or a nonrenewable permit is not considered a certified educator. The term does not include a teacher's aide or a full-time administrator.(2) Current Academic Year--The twelve-month academic year that corresponds with the state fiscal year in which a person submits an application for loan repayment assistance under this subchapter. (3) Public School--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, Chapter 12.(4) Service Period--A period of service of at least 9 months of a 12-month academic year.(5) Shortage Communities--Texas public schools identified annually by the Texas Commissioner of Education, or his/her designee, whose percentage of economically disadvantaged students is higher than the statewide average percentage of students receiving free or reduced cost lunches.(6) Shortage Teaching Fields--Subjects identified annually by the Texas Commissioner of Education, or his/her designee, as having a critical shortage of teachers.(7) Teaching full-time--Teaching at least four hours each day performing instructional duties as a full-time employee of a Texas public school district.</content><note type="source"><p>Source Note: The provisions of this §23.32 adopted to be effective June 6, 2016, 41 TexReg 4002; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 14, 2024, 49 TexReg 8903; amended to be effective February 12, 2026, 51 TexReg 730.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scB/s23.33"><num value="23.33">§23.33</num><heading>Applicant Eligibility</heading><content>To be eligible for loan repayment assistance, an applicant must:(1) submit a completed application to the Coordinating Board by the stated deadline; and(2) be one of the following:(A) a certified educator in a shortage teaching field teaching full-time in that field at the time of the application, and having taught in that field full-time for one service period in the current academic year in a Texas public school; or(B) a certified educator teaching full-time in a public school in a shortage community at the time of the application, and having taught in that community full-time for one service period in the current academic year.</content><note type="source"><p>Source Note: The provisions of this §23.33 adopted to be effective June 6, 2016, 41 TexReg 4002; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 14, 2024, 49 TexReg 8903; amended to be effective February 12, 2026, 51 TexReg 730.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scB/s23.34"><num value="23.34">§23.34</num><heading>Applicant Ranking Priorities</heading><content>If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, then applications shall be ranked using priority determinations in the following order:(1) Renewal applications, unless a break in service periods has occurred;(2) Applications for those teaching in a shortage teaching field while also teaching in a shortage community, prioritizing the communities based on the highest percentage of economically disadvantaged students;(3) Applications for those teaching any subject in a shortage community, prioritizing the communities based on the highest percentage of economically disadvantaged students;(4) Applications for those teaching in a shortage teaching field in a non-shortage community; and(5) Applications from those with the greatest financial need based on the applicant's total education loan debt.</content><note type="source"><p>Source Note: The provisions of this §23.34 adopted to be effective June 6, 2016, 41 TexReg 4002; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 14, 2024, 49 TexReg 8903; amended to be effective February 12, 2026, 51 TexReg 730.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scB/s23.35"><num value="23.35">§23.35</num><heading>Amount of Loan Repayment Assistance</heading><content>(a) The Commissioner shall determine annually the maximum loan repayment assistance amount offered under this subchapter, taking into consideration the amount of available funding, the expected number of eligible applicants, and the average loan balances of program participants. (b) In a given year, a participant in the program may not receive loan repayment assistance greater than one-fifth of the participant's eligible loan balance as was demonstrated when the participant was first approved for assistance under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §23.35 adopted to be November 14, 2024, 49 TexReg 8903; amended to be effective February 12, 2026, 51 TexReg 730.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scB/s23.36"><num value="23.36">§23.36</num><heading>Limitations</heading><content>In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Teach for Texas Loan Repayment Assistance Program.(1) A teacher shall not receive loan repayment assistance for more than five service periods.(2) A teacher's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as described in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan).</content><note type="source"><p>Source Note: The provisions of this §23.36 adopted to be effective June 6, 2016, 41 TexReg 4002; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective August 30, 2017, 42 TexReg 4302; amended to be effective November 14, 2024, 49 TexReg 8903.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scC"><num value="C">SUBCHAPTER C</num><heading>PHYSICIAN EDUCATION LOAN REPAYMENT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scC/s23.62"><num value="23.62">§23.62</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter J, Repayment of Certain Physician Education Loans. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.531 - 61.540.(b) Purpose. The primary purpose of the Physician Education Loan Repayment Assistance Program is to encourage qualified physicians to practice medicine in a health professional shortage area designated by the U. S. Department of Health and Human Services, and provide health care services to recipients under the medical assistance program authorized by the Texas Human Resources Code, Chapter 32, and to enrollees under the child health plan program authorized by the Texas Health and Safety Code, Chapter 62.</content><note type="source"><p>Source Note: The provisions of this §23.62 adopted to be effective November 30, 2009, 34 TexReg 8524; amended to be effective November 20, 2013, 38 TexReg 8196; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 14, 2024, 49 TexReg 8904.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scC/s23.65"><num value="23.65">§23.65</num><heading>Definitions</heading><content>In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Full-time Service--An average of at least thirty-two hours of direct patient care per week during the service period at the practice site.(2) HPSAs--Health Professional Shortage Areas (HPSAs) are designated by the U. S. Department of Health and Human Services (HHS) as having shortages of primary medical care, dental or mental health providers and may be geographic (a county or service area), demographic (low income population) or institutional (comprehensive health center, federally qualified health center, as defined under 42 USC §1396d (l)(2)(B), or other public facility). Designations meet the requirements of Sec. 332 of the Public Health Service Act, 90 Stat. 2270-2272 (42 U.S.C. 254e).(3) Medicaid--The medical assistance program authorized by Chapter 32, Human Resources Code.(4) NPI--National Provider Identifier; the Health Insurance Portability and Accountability Act (HIPAA) Administrative Simplification Standard unique identification number for covered health care providers. Covered health care providers and all health plans and health care clearinghouses must use the NPIs in the administrative and financial transactions adopted under HIPAA.(5) Primary Care Physician--Physicians practicing family medicine, family practice, general practice, obstetrics/gynecology, general internal medicine, general pediatrics, combined internal medicine and pediatrics (medicine-pediatrics) in an outpatient setting, psychiatry, or geriatrics. With the exception of psychiatrists and geriatricians, physicians must provide services in an outpatient setting to be considered primary care.(6) Program--The Physician Education Loan Repayment Assistance Program.(7) Rural HPSA--A HPSA-designated whole county with a population of less than 50,000 persons or a HPSA-designated facility or population group located in a county with a population of less than 50,000 persons.(8) Service Period--A period of twelve consecutive months qualifying a physician for loan repayment.(9) Texas Women's Health Program--The program authorized by Health and Safety Code, §31.002(a)(4)(C) and (H), §31.003, and §31.004, which provides primary health care services, including family planning services and health screenings, at no cost to eligible low-income women; administered by the Texas Health and Human Services Commission.(10) TMHP--Texas Medicaid and Healthcare Partnership; the entity that administers Texas Medicaid and other state health-care programs on behalf of the Texas Health and Human Services Commission.(11) TPI--Texas Provider Identifier; the number Managed Care Medicaid Providers must use when filing claims with the Texas Medicaid and Healthcare Partnership (TMHP), for payment of services rendered.</content><note type="source"><p>Source Note: The provisions of this §23.65 adopted to be effective November 30, 2009, 34 TexReg 8524; amended to be effective November 20, 2013, 38 TexReg 8196; amended to be effective February 22, 2016, 41 TexReg 1230; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective December 5, 2019, 44 TexReg 7383; amended to be effective November 22, 2020, 45 TexReg 8343; amended to be effective November 14, 2024, 49 TexReg 8904.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scC/s23.66"><num value="23.66">§23.66</num><heading>Applicant Eligibility</heading><content>To be eligible for loan repayment assistance, an applicant must:(1) submit a completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;(2) be a U.S. citizen or a Legal Permanent Resident;(3) at the time of application, hold a Full Physician License from the Texas Medical Board, with no restrictions;(4) not be in postgraduate training, including fellowship;(5) have completed one, two, three, or four consecutive service periods in a:(A) HPSA, serving persons who are:(i) enrolled in Medicaid or the Children's Health Insurance Program or both;(ii) uninsured; and(iii) enrolled in Medicare, except in the case of pediatricians.(B) secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor, or(C) location other than a HPSA, if the physician practices primary (outpatient) care and during the service period has provided health care services to a designated number of Medicaid or Texas Women's Health Program enrollees, established in the Board's Memorandum of Understanding with the Texas Health and Human Services Commission and posted on the program web page;(6) for loan repayment assistance based on the first service period, if the applicant has not earned and maintained board certification, be eligible to take the exam for board certification from an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists; and(7) for loan repayment based on the fourth service period, have earned certification from an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists.</content><note type="source"><p>Source Note: The provisions of this §23.66 adopted to be effective February 22, 2016, 41 TexReg 1231; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 22, 2020, 45 TexReg 8343; amended to be effective November 14, 2024, 49 TexReg 8904.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scC/s23.67"><num value="23.67">§23.67</num><heading>Applicant Ranking Priorities</heading><content>(a) Application deadlines will be established throughout the fiscal year and will be posted on the program web page.(b) If there are not sufficient funds to offer loan repayment assistance for all eligible physicians whose applications are received by the stated deadline, applications shall be ranked according to the following criteria, in priority order:(1) the first ten applications received each year from eligible physicians serving persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or persons confined to a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;(2) applications from physicians practicing in HPSAs, in the following priority order:(A) renewal applications from primary care physicians practicing in HPSAs;(B) applications from primary care physicians practicing in rural HPSAs, prioritizing higher HPSA scores;(C) applications from primary care physicians practicing in non-rural HPSAs, prioritizing higher HPSA scores;(D) renewal applications from non-primary care physicians practicing in HPSAs;(E) applications from non-primary care physicians practicing in rural HPSAs, prioritizing higher HPSA scores;(F) applications from non-primary care physicians practicing in non-rural HPSAs, prioritizing higher HPSA scores;(3) applications from primary care physicians who have provided outpatient health care services to a designated number of Medicaid or Texas Women's Health Program enrollees, as established annually by methods outlined in the Coordinating Board's Memorandum of Understanding with the Texas Health and Human Services Commission, in the following order of priority:(A) renewal applications;(B) applications from physicians practicing in a county with a population of less than 50,000 persons;(C) applications from geriatricians;(D) applications from physicians having the greatest amount of student loan debt.</content><note type="source"><p>Source Note: The provisions of this §23.67 adopted to be effective February 22, 2016, 41 TexReg 1231; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 22, 2020, 45 TexReg 8343; amended to be effective November 14, 2024, 49 TexReg 8904.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scC/s23.68"><num value="23.68">§23.68</num><heading>Applications Based on Services to Medicaid or Texas Women's Health Program Enrollees</heading><content>(a) The Coordinating Board may hold an application for consideration until the end of the fiscal year if funds are available.(b) The source of data to be used in determining required service levels will be Medicaid HMO encounter data provided by the Health and Human Services Commission.(c) The method for determining required service levels will be stated in the Coordinating Board's Memorandum of Understanding with the Texas Health and Human Services Commission. Required service levels will be based on the Medicaid Managed Care client counts statewide for each eligible primary care specialty, including obstetrics/gynecology and geriatrics, over a period of one year, thus taking into account variations among these specialties in the number of unduplicated clients.(d) Any physician applying for loan repayment assistance on the basis of services to Medicaid or Texas Women's Health Program enrollees must use his/her own TPI or NPI and must be the rendering physician for claims/encounters submitted to Texas Medicaid Health Partner (TMHP).(e) If the administrative data provided by TMHP for the physician's TPI or NPI do not confirm that the physician met the required service levels during the year of service following the application date, the physician must submit a Claims Affidavit and specified data from the clinic's internal billing system, in the format requested by the Coordinating Board for review by the HHSC, to receive further consideration for loan repayment assistance.</content><note type="source"><p>Source Note: The provisions of this §23.68 adopted to be effective February 22, 2016, 41 TexReg 1231; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 14, 2024, 49 TexReg 8904.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scC/s23.70"><num value="23.70">§23.70</num><heading>Amount of Repayment Assistance</heading><content>(a) A physician whose total student-loan indebtedness is at least $180,000 when the physician first establishes eligibility for the program may receive loan repayment assistance based on full-time service for the following amounts:(1) for the first service period, $30,000;(2) for the second service period, $40,000;(3) for the third service period, $50,000;(4) for the fourth service period, $60,000.(b) A physician whose total student-loan indebtedness is less than $180,000 when the physician first establishes eligibility for the program may receive loan repayment assistance based on full-time service for the amounts required to repay the indebtedness over a period of four years, with annual increases that are proportional to the annual increases for physicians whose student loan indebtedness is at least $180,000.(c) A physician may receive prorated loan repayment assistance based on the percentage of full-time service provided for each service period, if providing direct patient care for a minimum of 20 hours per week for each service period.</content><note type="source"><p>Source Note: The provisions of this §23.70 adopted to be effective November 30, 2009, 34 TexReg 8524; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective December 5, 2019, 44 TexReg 7383; amended to be effective November 14, 2024, 49 TexReg 8904.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scC/s23.71"><num value="23.71">§23.71</num><heading>Limitations</heading><content>In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Physician Education Loan Repayment Assistance Program:(1) Repayment assistance to a physician is limited to four service periods.(2) The total amount of repayment assistance to a physician is limited to $180,000 and may not exceed the unpaid principal and interest owed on one or more eligible education loans, as described in rule §23.2 of this chapter.(3) Failure to meet the program requirements will result in non-payment for the applicable service period(s) and, except under circumstances determined by the Coordinating Board to constitute good cause, removal from the program.</content><note type="source"><p>Source Note: The provisions of this §23.71 adopted to be effective November 30, 2009, 34 TexReg 8524; amended to be effective November 29, 2011, 36 TexReg 8022; amended to be effective November 20, 2013, 38 TexReg 8196; amended to be effective February 22, 2016, 41 TexReg 1230; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective December 5, 2019, 44 TexReg 7383; amended to be effective November 14, 2024, 49 TexReg 8904.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scD"><num value="D">SUBCHAPTER D</num><heading>MENTAL HEALTH PROFESSIONALS LOAN REPAYMENT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.93"><num value="23.93">§23.93</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter K, Repayment of Certain Mental Health Professional Education Loans. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.601 - 61.609.(b) Purpose. The purpose of the Mental Health Professionals Loan Repayment Assistance Program is to encourage qualified mental health professionals to provide services to designated recipients in a mental health professional shortage area or state hospital, through a mental health authority, or to students in eligible schools.</content><note type="source"><p>Source Note: The provisions of this §23.93 adopted to be effective November 12, 2015, 40 TexReg 7818; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective February 15, 2024, 49 TexReg 692; amended to be effective November 14, 2024, 49 TexReg 8906.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.94"><num value="23.94">§23.94</num><heading>Definitions</heading><content>In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) CHIP--The Children's Health Insurance Program, authorized by the Texas Health and Safety Code, Chapter 62.(2) Community-Based Mental Health Services--The services found under the Texas Health and Safety Code, Chapter 534, Subchapter B.(3) Full-time Service--Employed or contracted full-time (at least 32 hours per week for providers participating only in the state-funded program, or at least 40 hours per week for providers participating in both the state funded program and the SLRP) by an agency or facility for the primary purpose of providing direct mental health services.(4) Medicaid--The medical assistance program authorized by the Texas Human Resources Code, Chapter 32.(5) MHPSAs--Mental Health Professional Shortage Areas (MHPSAs) are designated by the U.S. Department of Health and Human Services (HHS) as having shortages of mental health providers and may be geographic (a county or service area), demographic (low income population), or institutional (comprehensive health center, federally qualified health center, or other public facility). Designations meet the requirements of Sec. 332 of the Public Health Service Act, 90 Stat. 2270-2272 (42 U.S.C. 254e).(6) Program--Mental Health Professionals Loan Repayment Assistance Program.(7) Psychiatrist--A licensed physician who is a graduate of a residency training program or fellowship program in psychiatry accredited by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA).(8) Public school--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, chapter 12.(9) Service Period--A period of:(A) twelve (12) consecutive months qualifying a mental health professional for loan repayment assistance; or(B) for a mental health professional employed by a public school, at least nine (9) months of a 12-month academic year qualifying the professional for loan repayment assistance.(10) SLRP--A grant provided by the Health Resources and Services Administration to assist states in operating their own State Loan Repayment Program (SLRP) for primary care providers working in Health Professional Shortage Areas (HPSA).(11) State Hospital--Facilities found under the Texas Health and Safety Code, §552.0011.</content><note type="source"><p>Source Note: The provisions of this §23.94 adopted to be effective November 12, 2015, 40 TexReg 7818; amended to be effective February 22, 2016, 41 TexReg 1232; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective May 22, 2019, 44 TexReg 2456; amended to be effective November 16, 2022, 47 TexReg 7556; amended to be effective February 15, 2024, 49 TexReg 692; amended to be effective November 14, 2024, 49 TexReg 8906; amended to be effective November 13, 2025, 50 TexReg 7270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.96"><num value="23.96">§23.96</num><heading>Applicant Eligibility</heading><content>(a) To be eligible to receive loan repayment assistance, an applicant must:(1) submit a completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;(2) be a U.S. citizen or a Legal Permanent Resident;(3) at the time of application, hold a full license with no restrictions from the state of Texas for the applicant's practice specialty;(4) currently be employed as one of the following eligible practice specialties:(A) a psychiatrist;(B) a psychologist, as defined by §501.002, Texas Occupations Code;(C) a licensed professional counselor, as defined by §503.002, Texas Occupations Code;(D) an advanced practice registered nurse, as defined by §301.152, Texas Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing;(E) a licensed clinical social worker, as defined by §505.002, Texas Occupations Code;(F) a licensed specialist in school psychology, as defined by §501.002, Texas Occupations Code;(G) a licensed chemical dependency counselor, as defined by §504.001, Texas Occupations Code; (H) a licensed marriage and family therapist, as defined by §502.002, Texas Occupations Code; (I) a licensed master social worker, as defined by §505.002, Texas Occupations Code;(J) a licensed professional counselor associate, as indicated by holding a licensed professional counselor associate license issued by the Texas State Board of Examiners of Professional Counselors;(K) a licensed marriage and family therapist associate, as defined by §502.002, Texas Occupations Code; or(L) a school counselor certified under Texas Education Code, chapter 21, subchapter B, who has earned at least a master's degree relating to counseling from any public or accredited private institution of higher education; and(5) have completed one, two, or three consecutive service periods:(A) in an MHPSA, providing direct patient care to:(i) Medicaid enrollees;(ii) CHIP enrollees, if the practice serves children;(iii) persons in a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor; or(iv) persons in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;(B) in a state hospital, providing mental health services to patients; (C) providing mental health services to individuals receiving community-based mental health services from a local mental health authority, as defined in Texas Health and Safety Code, §531.002; or(D) providing mental health services to students enrolled in a public school.(b) Notwithstanding the number of consecutive service periods that qualify an applicant for eligibility described in subsection (a)(4) of this section, an otherwise eligible applicant who receives repayment assistance under this subchapter for three consecutive service periods is eligible to receive repayment assistance for a fourth and fifth consecutive service period in an amount described by §23.100(f) of this subchapter (relating to Amount of Repayment Assistance) and subject to the limitations established in §23.101 of this subchapter (relating to Limitations). An applicant who establishes eligibility under this subsection is not considered a renewal applicant for the purposes of §23.97 of this subchapter (relating to Applicant Ranking Priorities).</content><note type="source"><p>Source Note: The provisions of this §23.96 adopted to be effective November 12, 2015, 40 TexReg 7818; amended to be effective February 22, 2016, 41 TexReg 1232; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective May 22, 2019, 44 TexReg 2456; amended to be effective November 16, 2022, 47 TexReg 7556; amended to be effective February 15, 2024, 49 TexReg 692; amended to be effective November 14, 2024, 49 TexReg 8906; amended to be effective November 13, 2025, 50 TexReg 7270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.97"><num value="23.97">§23.97</num><heading>Applicant Ranking Priorities</heading><content>(a) Each fiscal year an application deadline will be posted on the program web page.(b) If there are not sufficient funds to offer loan repayment assistance for all eligible providers, then applications shall be ranked using priority determinations in the following order: (1) renewal applications;(2) applications from providers who sign SLRP contracts;(3) applications from providers whose employers are located in an MPHSA, prioritizing higher MHPSA scores. If a provider works for an agency located in an MHPSA that has satellite clinics and the provider works in more than one of the clinics, the highest MHPSA score where the provider works shall apply. If a provider travels to make home visits, the provider's agency base location and its MHPSA score shall apply. If a provider works for different employers in multiple MHPSAs having different degrees of shortage, the location having the highest MHPSA score shall apply;(4) applications from providers in state hospitals;(5) applications from providers in a local mental health authority;(6) applications from providers in public schools;(7) applications from providers whose employers are located in counties with a population of less than 50,000 persons. In the case of providers serving at multiple sites, at least 75 percent of their work hours are spent serving in counties with a population of less than 50,000 persons; (8) applications from providers described by §23.96(b) of this subchapter (relating to Applicant Eligibility); and(9) applications received on the earliest dates. (c) If state funds are not sufficient to allow for maximum loan repayment assistance amounts stated in §23.100 of this subchapter (relating to Amount of Repayment Assistance) for all eligible applicants described by subsection (b)(1) of this section, the Coordinating Board shall adjust in an equitable manner the state-funded distribution amounts for a fiscal year, in accordance with Texas Education Code, §61.607(d).</content><note type="source"><p>Source Note: The provisions of this §23.97 adopted to be effective November 12, 2015, 40 TexReg 7818; amended to be effective February 22, 2016, 41 TexReg 1232; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective February 28, 2018, 43 TexReg 1088; amended to be effective May 22, 2019, 44 TexReg 2456; amended to be effective February 15, 2024, 49 TexReg 692; amended to be effective November 14, 2024, 49 TexReg 8906; amended to be effective November 13, 2025, 50 TexReg 7270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.100"><num value="23.100">§23.100</num><heading>Amount of Repayment Assistance</heading><content>(a) Repayment assistance for each service period will be determined by applying the following applicable percentage to the lesser of the maximum total amount of assistance allowed for the provider's practice specialty, as established by §23.101 of this subchapter (relating to Limitations), or the total student loan debt owed at the time the provider established eligibility for the program:(1) for the first service period, 33.33 percent;(2) for the second service period, 33.33 percent; and(3) for the third service period, 33.34 percent.(b) An eligible provider may receive prorated loan repayment assistance based on the percentage of full-time service provided for each service period, for a minimum of twenty (20) hours per week.(c) Failure to meet the program requirements will result in non-payment for the applicable service period(s) and, except under circumstances determined by the Coordinating Board to constitute good cause, removal from the program.(d) One-Time Increase for Fluency in Language of Need.(1) Each biennium, the Coordinating Board shall publish for each profession described by §23.96(a)(3) of this subchapter (relating to Applicant Eligibility) a list of languages other than English for which there is a critical need for fluent providers in Texas.(2) Subject to the limitations established in §23.101 of this subchapter, a provider whose employer certifies that the provider is fluent in a language listed by the Coordinating Board under paragraph (1) of this subsection shall receive an increase of $5,000 to the amount of repayment assistance described by subsection (a) of this section.(3) A provider may receive an increased amount of repayment assistance under this subsection only once. The increase will be applied to assistance received for the first service period during which the provider meets the criteria described in paragraph (2) of this subsection. (4) This subsection applies only to providers who first establish eligibility for the program on or after September 1, 2025.(e) One-Time Increase for Service in Less Populous Counties.(1) Subject to the limitations established in §23.101 of this subchapter, a provider who practices in a county with a population of 150,000 or fewer persons shall receive an increase of $10,000 to the amount of repayment assistance described by subsection (a) of this section.(2) A provider may receive an increased amount of repayment assistance under this subsection only once. The increase will be applied to assistance received for the first service period during which the provider meets the criteria described in paragraph (1) of this subsection. (3) This subsection applies only to providers who first establish eligibility for the program on or after September 1, 2025.(f) Subject to the limitations established in §23.101 of this subchapter, a provider who first established eligibility for the program on or after September 1, 2025, and who establishes eligibility under §23.96(b) of this subchapter (relating to Applicant Eligibility) may receive up to $15,000 per service period for a maximum of two consecutive service periods.</content><note type="source"><p>Source Note: The provisions of this §23.100 adopted to be effective November 12, 2015, 40 TexReg 7818; amended to be effective February 22, 2016, 41 TexReg 1232; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective February 28, 2018, 43 TexReg 1088; amended to be effective May 22, 2019, 44 TexReg 2456; amended to be effective February 15, 2024, 49 TexReg 692; amended to be effective November 14, 2024, 49 TexReg 8906; amended to be effective November 13, 2025, 50 TexReg 7270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.101"><num value="23.101">§23.101</num><heading>Limitations</heading><content>In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Mental Health Professionals Loan Repayment Assistance Program.(1) Not more than 10 percent of the number of loan repayment assistance grants paid under this subchapter each year may be offered to providers providing mental health services to persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice. Applications from these providers will be selected in the order they were submitted.(2) Not more than 30 percent of the number of loan repayment assistance grants paid under this subchapter each fiscal year may be offered to providers in any one of the eligible practice specialties, unless excess funds remain available after the 30 percent maximum has been met.(3) Except as provided by paragraph (4) of this section, the total amount of state appropriated repayment assistance received by a provider under this subchapter may not exceed:(A) $180,000, for a psychiatrist;(B) $100,000, for:(i) a psychologist;(ii) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work;(iii) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or(iv) a licensed marriage and family therapist, if the marriage and family therapist had received a doctoral degree related to marriage and family therapy;(C) $80,000, for an advanced practice registered nurse;(D) $60,000, for:(i) a licensed specialist in school psychology;(ii) a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who has not received a doctoral degree related to social work or counseling; (iii) a licensed master social worker;(iv) a licensed professional counselor associate;(v) a licensed marriage and family therapist associate; or(vi) a certified school counselor described by §23.96(a)(3)(L) of this subchapter (relating to Applicant Eligibility); and(E) $50,000, for a licensed chemical dependency counselor who became licensed within the same 12-month period as receiving the counselor's most recent degree applicable to the profession's licensing requirements; and(F) $15,000, for assistance received by a licensed chemical dependency counselor, if the chemical dependency counselor has received at least an associate degree related to chemical dependency counseling or behavioral science and is not described by paragraph (3)(E) of this section.(4) A provider's loan repayment assistance amount, including any increases or additional payments as described by §23.100(d), (e), or (f) of this subchapter (relating to Amount of Repayment Assistance) may not exceed the lesser of: (A) the provider's unpaid principal and interest owed on one or more eligible education loans, as described in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan); or(B) the applicable maximum amount for the provider listed in paragraph (3) of this section, plus 10 percent.</content><note type="source"><p>Source Note: The provisions of this §23.101 adopted to be effective November 14, 2024, 49 TexReg 8906; amended to be effective November 13, 2025, 50 TexReg 7270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.102"><num value="23.102">§23.102</num><heading>Provisions Specific to Mental Health Professionals Who Initially Established Eligibility for the Program Before September 1, 2023</heading><content>(a) Applicant Eligibility. Notwithstanding §23.96(a) of this subchapter (relating to Applicant Eligibility), to be eligible to receive loan repayment assistance, a provider who first established eligibility for the program before September 1, 2023, must:(1) submit a completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;(2) be a U.S. citizen or a Legal Permanent Resident;(3) at the time of application, hold a full license with no restrictions from the state of Texas for the applicant's practice specialty;(4) currently be employed as one of the eligible practice specialties listed in §23.96(a)(3)(A) - (H); and(5) have completed one, two, three, four, or five consecutive service periods practicing in an MHPSA providing direct patient care to Medicaid enrollees and/or CHIP enrollees, if the practice serves children, or to persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor.(b) Notwithstanding subsection (a)(4) of this section, a psychiatrist who first established eligibility for the program before September 1, 2023, must have earned certification from the American Board of Psychiatry and Neurology or the American Osteopathic Board of Psychiatry and Neurology to qualify for loan repayment assistance for a fourth or fifth consecutive service period.(c) Amount of Repayment Assistance. Notwithstanding §23.100(a) of this subchapter (relating to Amount of Repayment Assistance), for providers who first established eligibility for the program before September 1, 2023, repayment assistance for each service period will be determined by applying the following applicable percentage to the lesser of the maximum total amount of assistance allowed for the provider's practice specialty, as established by §23.103 of this subchapter (relating to Provisions Specific to Mental Health Professionals Who Initially Established Eligibility for the Program On or After September 1, 2023 and Before September 1, 2025), or the total student loan debt owed at the time the provider established eligibility for the program:(1) for the first service period, 10 percent;(2) for the second service period, 15 percent;(3) for the third service period, 20 percent;(4) for the fourth service period, 25 percent; and(5) for the fifth service period, 30 percent.</content><note type="source"><p>Source Note: The provisions of this §23.102 adopted to be effective November 14, 2024, 49 TexReg 8906; amended to be effective November 13, 2025, 50 TexReg 7270.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scD/s23.103"><num value="23.103">§23.103</num><heading>Provisions Specific to Mental Health Professionals Who Initially Established Eligibility for the Program On or After September 1, 2023 and Before September 1, 2025</heading><content>(a) Notwithstanding §23.97 of this subchapter (relating to Applicant Eligibility), to be eligible to receive loan repayment assistance, an applicant who first established eligibility for the program on or after September 1, 2023, but before September 1, 2025, must:(1) submit a completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;(2) be a U.S. citizen or a Legal Permanent Resident;(3) at the time of application, hold a full license with no restrictions from the state of Texas for the applicant's practice specialty;(4) currently be employed as one of the following eligible practice specialties:(A) a psychiatrist;(B) a psychologist, as defined by §501.002, Texas Occupations Code;(C) a licensed professional counselor, as defined by §503.002, Texas Occupations Code;(D) an advanced practice registered nurse, as defined by §301.152, Texas Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing;(E) a licensed clinical social worker, as defined by §505.002, Texas Occupations Code;(F) a licensed specialist in school psychology, as defined by §501.002, Texas Occupations Code;(G) a licensed chemical dependency counselor, as defined by §504.001, Texas Occupations Code; or(H) a licensed marriage and family therapist, as defined by §502.002, Texas Occupations Code; and(5) have completed one, two, or three consecutive service periods:(A) in an MHPSA, providing direct patient care to:(i) Medicaid enrollees;(ii) CHIP enrollees, if the practice serves children;(iii) persons in a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor; or(iv) persons in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;(B) in a state hospital, providing mental health services to patients; or(C) providing mental health services to individuals receiving community-based mental health services from a local mental health authority, as defined in Texas Health and Safety Code, §531.002. (b) Notwithstanding §23.97 of this subchapter or subsection (a)(4) of this section, to be eligible to receive loan repayment assistance as a specialist in school psychology as outlined under subsection (a)(4)(F) of this section, an applicant who first established eligibility for the program on or after September 1, 2023, but before September 1, 2025, must:(1) have completed one, two, or three consecutive service periods of employment in:(A) a school district which is located partially or completely in a MHPSA;(B) an open-enrollment charter school located in a MHPSA; or(C) a Texas public school that receives federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. §6301 et seq.); and(2) have provided mental health services to students enrolled in that district or school during that time of employment.(c) Limitations. Notwithstanding §23.101(3) and (4) of this subchapter (relating to Limitations), and in addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to providers who first established eligibility for the program on or after September 1, 2023, but before September 1, 2025.(1) The total amount of state appropriated repayment assistance received by a provider under this subchapter may not exceed:(A) $160,000, for a psychiatrist;(B) $80,000, for:(i) a psychologist;(ii) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work;(iii) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or(iv) a licensed marriage and family therapist, if the marriage and family therapist had received a doctoral degree related to marriage and family therapy;(C) $60,000, for an advanced practice registered nurse;(D) $40,000, for a licensed specialist in school psychology, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who has not received a doctoral degree related to social work or counseling; and(E) $10,000, for assistance received by a licensed chemical dependency counselor, if the chemical dependency counselor has received an associate degree related to chemical dependency counseling or behavioral science.(2) A provider's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as described in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan).</content><note type="source"><p>Source Note: The provisions of this §23.103 adopted to be effective November 13, 2025, 50 TexReg 7270.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scG"><num value="G">SUBCHAPTER G</num><heading>NURSING FACULTY LOAN REPAYMENT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scG/s23.186"><num value="23.186">§23.186</num><heading>Authority and Purpose</heading><content>(a) Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter JJ, Nursing Faculty Loan Repayment Assistance Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.9821 - 61.9828.(b) The purpose of the Nursing Faculty Loan Repayment Assistance Program is to improve access to nursing education programs by encouraging qualified nurses to serve as faculty at eligible institutions of higher education in positions that require an advanced degree in professional nursing.</content><note type="source"><p>Source Note: The provisions of this §23.186 adopted to be effective November 20, 2013, 38 TexReg 8199; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 29, 2017, 42 TexReg 6626.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scG/s23.187"><num value="23.187">§23.187</num><heading>Definitions</heading><content>In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Eligible Institution--Texas institutions of higher education or private or independent institutions, as defined in §61.003 of the Texas Education Code.(2) Full-Time--An average of at least 32 hours per week during the service period at an eligible institution.(3) Service period--A period of service equal to a minimum of nine months of a 12-month academic year that qualifies an eligible faculty member for an annual education loan repayment award.</content><note type="source"><p>Source Note: The provisions of this §23.187 adopted to be effective November 20, 2013, 38 TexReg 8199; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective August 15, 2024, 49 TexReg 5989; amended to be effective February 12, 2026, 51 TexReg 730.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scG/s23.188"><num value="23.188">§23.188</num><heading>Applicant Eligibility</heading><content>To be eligible to receive loan repayment assistance under this subchapter, an applicant must:(1) hold a master's or doctoral degree in nursing;(2) be licensed by the Texas Board of Nursing for the State of Texas;(3) apply to the Coordinating Board by the published application deadline; and(4) at the time of application for repayment assistance, have been employed part-time or full time for at least one service period during the last year as, and be currently employed part-time or full time as a faculty member of a nursing program at an eligible institution in a position that requires an advanced degree in professional nursing.</content><note type="source"><p>Source Note: The provisions of this §23.188 adopted to be effective November 20, 2013, 38 TexReg 8199; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective August 15, 2024, 49 TexReg 5989.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scG/s23.189"><num value="23.189">§23.189</num><heading>Applicant Ranking Priorities</heading><content>If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, then applications shall be ranked using priority determinations in the following order (1) Renewal applications, unless a break in service periods has occurred;(2) Applications from full-time nursing faculty members; then(3) Applications from those with the greatest financial need based on the applicant's total education loan debt.</content><note type="source"><p>Source Note: The provisions of this §23.189 adopted to be effective November 20, 2013, 38 TexReg 8199; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective August 15, 2024, 49 TexReg 5989; amended to be effective February 12, 2026, 51 TexReg 730.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scG/s23.190"><num value="23.190">§23.190</num><heading>Amount of Repayment Assistance</heading><content>(a) The Commissioner shall determine the maximum annual loan repayment assistance amount offered under this subchapter to nursing faculty members working full-time, as defined in §23.187 of this subchapter (relating to Definitions). In any given year, the maximum amount of assistance is a function of the total amount of available funding and the number of eligible applicants.(b) In any given year, a participant in the program may not receive assistance greater than 20 percent of the participant's loan balance as was demonstrated when the participant was first approved for assistance under this subchapter.(c) The amount of loan repayment assistance calculated for an individual participant based on subsections (a) and (b) of this section shall be pro-rated for a nursing faculty member working part-time. The pro-ration shall be based on the proportion of hours worked by the nursing faculty member in comparison to the hours worked by nursing faculty members working full-time.</content><note type="source"><p>Source Note: The provisions of this §23.190 adopted to be effective August 15, 2024, 49 TexReg 5989.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scG/s23.193"><num value="23.193">§23.193</num><heading>Limitations</heading><content>The following limitations apply to the Nursing Faculty Loan Repayment Assistance Program.(1) A nursing faculty member may receive loan repayment assistance under this subchapter for a maximum of five service periods.(2) Funds will be available for loan repayment assistance under this subchapter only if there are legislative appropriations, gifts, grants, and donations made for this purpose, and/or funds have been reallocated for this purpose from the Physician Education Loan Repayment Program Account at the end of a fiscal year.(3) Applications from nursing faculty will be considered by the Coordinating Board only if funds are available for this purpose at the end of the state fiscal year.(4) An individual's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as described in §23.2(c) of this chapter (relating to Eligible Lender and Eligible Education Loan).</content><note type="source"><p>Source Note: The provisions of this §23.193 adopted to be effective November 20, 2013, 38 TexReg 8199; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective November 29, 2017, 42 TexReg 6626; amended to be effective August 15, 2024, 49 TexReg 5989.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scH"><num value="H">SUBCHAPTER H</num><heading>PEACE OFFICER LOAN REPAYMENT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scH/s23.209"><num value="23.209">§23.209</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter NN, Peace Officer Loan Repayment Assistance Program. These rules establish procedures to administer the subchapter as prescribed in Texas Education Code, §§61.9951 - 61.9959.(b) Purpose. The primary purpose of the Peace Officer Loan Repayment Assistance Program is to provide assistance with the repayment of eligible student loans for qualifying peace officers who maintain full-time employment in Texas as peace officers.</content><note type="source"><p>Source Note: The provisions of this §23.209 adopted to be effective December 5, 2019, 44 TexReg 7384; amended to be effective November 14, 2024, 49 TexReg 8909.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scH/s23.210"><num value="23.210">§23.210</num><heading>Definitions</heading><content>In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Eligible Institution--A Texas public institution of higher education or private or independent institution of higher education, as defined in the Texas Education Code, §61.003.(2) Peace Officer--The meaning assigned by Article 2.12, Texas Code of Criminal Procedure.(3) Program--Peace Officer Loan Repayment Assistance Program.(4) Service Period--A period of twelve consecutive months qualifying a peace officer for loan repayment assistance.</content><note type="source"><p>Source Note: The provisions of this §23.210 adopted to be effective December 5, 2019, 44 TexReg 7384; amended to be effective November 14, 2024, 49 TexReg 8909.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scH/s23.211"><num value="23.211">§23.211</num><heading>Applicant Eligibility</heading><content>To be eligible to receive loan repayment assistance funds, an applicant must:(1) have been initially appointed as a peace officer on or after September 1, 2019;(2) submit to the Coordinating Board by the published deadline:(A) an initial application for enrollment in the program that requires:(i) documentation of the applicant's unrestricted license as a peace officer;(ii) a transcript of the applicant's postsecondary course work demonstrating at least 60 semester credit hours, or the equivalent, earned at an eligible institution before the person's initial appointment as a peace officer; and(iii) a statement of the total amount of principal, accrued interest, fees, and other charges due on unpaid eligible education loans, as defined by §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), obtained for attendance at an eligible institution for a semester or other term that ended in the five years immediately preceding the applicant's initial appointment as a peace officer; or(B) for applicants who have received loan repayment assistance for at least one service period, a completed end-of-service period application for payment; and(3) be verified by the applicant's employer as having been employed for at least one service period, and as currently employed, as a full-time (at least forty hours per week for a minimum of forty-five weeks per year) peace officer in Texas as of the date of the application.</content><note type="source"><p>Source Note: The provisions of this §23.211 adopted to be effective December 5, 2019, 44 TexReg 7384; amended to be effective November 22, 2020, 45 TexReg 8343; amended to be effective November 14, 2024, 49 TexReg 8909.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scH/s23.212"><num value="23.212">§23.212</num><heading>Applicant Ranking Priorities</heading><content>(a) Each fiscal year an application deadline will be posted on the program web page.(b) If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, applications shall be ranked by the following criteria, in order of priority:(1) renewal applications, unless a break in service period has occurred; and(2) all other applications, based on the date of submission.</content><note type="source"><p>Source Note: The provisions of this §23.212 adopted to be effective December 5, 2019, 44 TexReg 7384; amended to be effective November 14, 2024, 49 TexReg 8909.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scH/s23.215"><num value="23.215">§23.215</num><heading>Amount of Repayment Assistance</heading><content>(a) The annual amount of loan repayment assistance that a peace officer may receive for each service period is the lesser of $4,000 or 20 percent of the total unpaid eligible education loan balance verified at the time of the initial application, unless the payoff period for the peace officer's total unpaid eligible loan balance is fewer than five years.(b) If the payoff period for the peace officer's total unpaid eligible loan balance is fewer than five years, the loan repayment assistance amount will be the total amount of the scheduled payments due to the holder(s) of the eligible loans for the applicable year.(c) Loan repayment assistance grants are contingent on available funding. If in any year the amount of money available for loan repayment assistance is insufficient to offer the maximum annual loan repayment assistance amount to all eligible applicants, the Coordinating Board may reduce award amounts to assist a greater number of peace officers.</content><note type="source"><p>Source Note: The provisions of this §23.215 adopted to be effective December 5, 2019, 44 TexReg 7384; amended to be effective November 14, 2024, 49 TexReg 8909.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scH/s23.216"><num value="23.216">§23.216</num><heading>Limitations</heading><content>In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Peace Officer Loan Repayment Assistance Program.(1) A peace officer may not receive loan repayment assistance through the program for more than five service periods.(2) The maximum amount of loan repayment assistance that a peace officer may receive through this program is $20,000 and may not exceed the unpaid principal and interest owed on one or more eligible education loans, as defined in §23.2 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §23.216 adopted to be effective November 14, 2024, 49 TexReg 8909.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scJ"><num value="J">SUBCHAPTER J</num><heading>MATH AND SCIENCE SCHOLARS LOAN REPAYMENT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scJ/s23.286"><num value="23.286">§23.286</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter KK, Math and Science Scholars Loan Repayment Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.9831 - 61.9841.(b) Purpose. The purpose of the Math and Science Scholars Loan Repayment Assistance Program is to encourage teachers, who demonstrated high academic achievement as math or science majors, to teach math or science in Texas public schools.</content><note type="source"><p>Source Note: The provisions of this §23.286 adopted to be effective August 30, 2016, 41 TexReg 6484; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective May 16, 2024, 49 TexReg 3279; amended to be effective November 14, 2024, 49 TexReg 8910.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scJ/s23.287"><num value="23.287">§23.287</num><heading>Definitions</heading><content>In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Current Academic Year--The twelve-month academic year that corresponds with the state fiscal year in which a person submits an application for loan repayment assistance under this subchapter. (2) Program--The Math and Science Scholars Loan Repayment Assistance Program.(3) Public School--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, chapter 12.(4) Service Period--A period of at least nine months of a twelve-month academic year.(5) Title I School--Texas public schools that receive federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. §6301 et seq.).</content><note type="source"><p>Source Note: The provisions of this §23.287 adopted to be effective August 30, 2016, 41 TexReg 6484; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective May 16, 2024, 49 TexReg 3279; amended to be effective November 14, 2024, 49 TexReg 8910; amended to be effective February 12, 2026, 51 TexReg 731.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scJ/s23.288"><num value="23.288">§23.288</num><heading>Applicant Eligibility</heading><content>To be eligible to receive loan repayment assistance funds, an applicant must:(1) submit a completed application, including transcripts of the applicant's postsecondary coursework and any other requested documents, to the Coordinating Board by the established deadline posted on the Program web page;(2) be a U.S. citizen;(3) have completed an undergraduate or graduate program in mathematics or science (a list of eligible majors will be posted on the Coordinating Board's website and reviewed at least once per biennium);(4) have earned a cumulative GPA of at least 3.0 on a four-point scale, or the equivalent, at the institution from which the teacher graduated;(5) be certified under the Texas Education Code, chapter 21, subchapter B, to teach mathematics or science in a Texas public school, or be teaching under a probationary teaching certificate;(6) have been employed as a full-time classroom teacher teaching mathematics or science in a public school for one to eight consecutive service periods, including during the current academic year, unless a break in service periods has occurred as a result of the circumstances described in §23.294(b) of this subchapter (relating to Limitations); and(7) enter into an agreement or have an agreement on file with the Coordinating Board that includes the following provisions:(A) the applicant has accepted an offer of continued employment to teach mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a public school, for four consecutive years, beginning with the current academic year;(B) the applicant may complete up to four additional consecutive school years teaching mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a public school, beginning with the school year immediately following the last of the four consecutive school years described by subparagraph (A) of this paragraph; and(C) the applicant understands that loan repayment assistance grants are contingent on available funding received, that the Coordinating Board may make a financial commitment only based on funds that have been appropriated for each two-year state budget period, and that the applicant will be released from the teaching obligation for any year of employment for which funds are not available.</content><note type="source"><p>Source Note: The provisions of this §23.288 adopted to be effective August 30, 2016, 41 TexReg 6484; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective December 5, 2019, 44 TexReg 7384; amended to be effective May 16, 2024, 49 TexReg 3279; amended to be effective November 14, 2024, 49 TexReg 8910; amended to be effective February 12, 2026, 51 TexReg 731.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scJ/s23.289"><num value="23.289">§23.289</num><heading>Application Ranking Priorities</heading><content>(a) If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, then applications shall be ranked using priority determinations in the following order: (1) Renewal applications;(2) Applications from teachers with the greatest number of mathematics and science courses completed, based on the Coordinating Board's review of the applicant's transcripts;(3) Applications from teachers with the highest aggregate grade point average for the mathematics and science courses described by paragraph (2) of this subsection; (4) Applications from teachers employed at schools with the highest percentages of students who are eligible for free or reduced cost lunches; and(5) Applications from those with the greatest financial need based on the applicant's total education loan debt.(b) Subsections (a)(4) and (5) of this section are applicable only as necessary to make priority determinations between applications for which the criteria listed in subsections (a)(2) and (3) of this section are identical.</content><note type="source"><p>Source Note: The provisions of this §23.289 adopted to be effective August 30, 2016, 41 TexReg 6484; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective May 16, 2024, 49 TexReg 3279; amended to be effective November 14, 2024, 49 TexReg 8910; amended to be effective February 12, 2026, 51 TexReg 731.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scJ/s23.293"><num value="23.293">§23.293</num><heading>Amount of Repayment Assistance</heading><content>The Commissioner shall determine the maximum annual loan repayment assistance amount in each state fiscal year, taking into consideration the amount of available funding and the number of eligible applicants.</content><note type="source"><p>Source Note: The provisions of this §23.293 adopted to be effective August 30, 2016, 41 TexReg 6484; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective May 16, 2024, 49 TexReg 3279; amended to be effective November 14, 2024, 49 TexReg 8910.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scJ/s23.294"><num value="23.294">§23.294</num><heading>Limitations</heading><content>(a) Limitations. In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Math and Science Scholars Loan Repayment Assistance Program.(1) No more than 4,000 eligible teachers shall receive loan repayment assistance in any school year.(2) Failure to meet Program requirements will result in non-payment for the applicable year of employment and, except as provided by subsection (b) of this section, removal from the Program.(3) An individual may receive loan repayment assistance under this program for no more than eight service periods.(4) An individual's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as defined in §23.2 of this chapter.(b) Good Cause for Breaks in Service Period. A teacher enrolled in the Program shall not lose Program eligibility due to failure to meet the consecutive years of qualifying employment requirement if the break in employment service is a result of the teacher's:(1) full-time enrollment in a course of study related to the field of teaching that is approved by the State Board for Educator Certification and provided by a Texas institution of higher education, as defined in Texas Education Code, §61.003;(2) service on active duty as a member of the armed forces of the United States, including as a member of a reserve or National Guard unit called for active duty;(3) temporary total disability for a period of not more than thirty-six months as established by the affidavit of a qualified physician;(4) inability to secure employment for a period not to exceed twelve months, because of care required by a disabled spouse or child; or(5) inability, despite reasonable efforts, to secure, for a single period not to exceed twelve months, employment in a public school.</content><note type="source"><p>Source Note: The provisions of this §23.294 adopted to be effective August 30, 2016, 41 TexReg 6484; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective December 5, 2019, 44 TexReg 7384; amended to be effective November 14, 2024, 49 TexReg 8910.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scJ/s23.295"><num value="23.295">§23.295</num><heading>Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023</heading><content>(a) Applicant Eligibility. Notwithstanding §23.288(a) of this subchapter (relating to Applicant Eligibility), to be eligible to receive loan repayment assistance funds, a teacher who first established eligibility for the Program based on an application submitted prior to September 1, 2023, must:(1) submit a completed application, including any requested documents, to the Coordinating Board by the established deadline posted on the Program web page;(2) be a U.S. citizen;(3) have completed an undergraduate or graduate program in mathematics or science;(4) have earned a cumulative GPA of at least 3.0 on a four-point scale, or the equivalent, at the institution from which the teacher graduated;(5) be certified under the Texas Education Code, chapter 21, subchapter B, to teach mathematics or science in a Texas public school;(6) have been employed as either:(A) a full-time classroom teacher teaching mathematics or science in a Title I school for one to eight consecutive service periods, unless a break in service periods has occurred as a result of the circumstances described in subsection (b) of this section; or(B) a full-time classroom teacher teaching math or science in a public school for one to four consecutive service periods following, with no break in service periods, four or more consecutive service periods of employment as a full-time classroom teacher teaching mathematics or science in a Title I school, unless a break in service periods has occurred as a result of the circumstances described in subsection (b) of this section; and(7) enter into an agreement or have an agreement on file with the Coordinating Board that includes the following provisions:(A) the applicant will accept an offer of continued employment to teach mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a Title I school, for four consecutive years, beginning with the previous school year at the time of the application for enrollment in the Program;(B) the applicant may complete up to four additional consecutive school years teaching mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in any Texas public school, beginning with the school year immediately following the last of the four consecutive school years described by paragraph (6)(A) of this subsection; and(C) the applicant understands that loan repayment assistance grants are contingent on available funding received, the Coordinating Board may make a financial commitment only based on funds that have been appropriated for each two-year state budget period, and the teacher will be released from the teaching obligation for any year of employment for which funds are not available.(b) Although funding limitations may require the Coordinating Board to exercise the ranking priorities established in §23.289 of this title (relating to Applicant Ranking Priorities) a teacher who established eligibility for the Program based on an application submitted prior to September 1, 2023, shall not lose Program eligibility due to failure to meet the consecutive years of qualifying employment requirement if the break in employment service is a result of the person's:(1) full-time enrollment in a course of study related to the field of teaching that is approved by the State Board for Educator Certification and provided by a Texas institution of higher education, as defined in Texas Education Code, §61.003;(2) service on active duty as a member of the armed forces of the United States, including as a member of a reserve or National Guard unit called for active duty;(3) temporary total disability for a period of not more than thirty-six months as established by the affidavit of a qualified physician;(4) inability to secure employment as required in a Title I school for a period not to exceed twelve months, because of care required by a disabled spouse or child; or(5) inability, despite reasonable efforts, to secure, for a single period not to exceed twelve months, employment in a Title I school.(c) Limitation. A teacher who first established eligibility for the Program based on an application submitted prior to September 1, 2023, who transfers to a Texas public school that is not a Title I school after completing four consecutive years of employment at a Title I school may qualify for no more than 75 percent of the annual award amount established for the fiscal year.</content><note type="source"><p>Source Note: The provisions of this §23.295 adopted to be effective November 14, 2024, 49 TexReg 8910.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c23/scK"><num value="K">SUBCHAPTER K</num><heading>NURSE LOAN REPAYMENT ASSISTANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c23/scK/s23.300"><num value="23.300">§23.300</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter L, Financial Aid for Professional Nursing Students and Vocational Nursing Students and Loan Repayment Program for Certain Nurses. These rules establish procedures to administer Texas Education Code, §61.651 and §§61.654 - 61.659.(b) Purpose. The purpose of the Nurse Loan Repayment Assistance Program is to promote the health care needs of this state by encouraging qualified nurses to continue to practice in Texas.</content><note type="source"><p>Source Note: The provisions of this §23.300 adopted to be effective August 15, 2024, 49 TexReg 5991.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scK/s23.301"><num value="23.301">§23.301</num><heading>Definitions</heading><content>In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Advanced Practice Nurse--A professional nurse, currently licensed in the State of Texas, who has been approved by the Texas Board of Nursing to practice as an advanced practice nurse based on completing an advanced educational program of study acceptable to the Texas Board of Nursing. The term includes a nurse practitioner, nurse-midwife, nurse anesthetist, and a clinical nurse specialist.(2) Full-Time--An average of at least 32 hours per week during the service period.(3) Licensed Vocational Nurse--A person currently licensed by the Texas Board of Nursing to practice vocational nursing.(4) Primary Care HPSA--Primary Care Health Professional Shortage Areas (HPSAs) designated by the U.S. Department of Health and Human Services (HHS) as having shortages of primary care providers and may be geographic (a county or service area), demographic (low-income population), or institutional (comprehensive health center, federally qualified health center, or other public facility), in compliance with the requirements of Section 332 of the Public Health Service Act, 90 Stat. 2270-2272 (42 U.S.C.A. 254e).(5) Registered Nurse--A person currently licensed by the Texas Board of Nursing to practice professional nursing. For the purposes of this subchapter, an advanced practice nurse is not considered a registered nurse.(6) Rural County--A county with a population of less than 50,000.(7) Service Period--A period of 12 consecutive months qualifying an applicant for loan repayment.</content><note type="source"><p>Source Note: The provisions of this §23.301 adopted to be effective August 15, 2024, 49 TexReg 5991.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scK/s23.302"><num value="23.302">§23.302</num><heading>Applicant Eligibility</heading><content>To be eligible to receive loan repayment assistance, an applicant must submit to the Coordinating Board an application for enrollment in the program that includes:(1) employer verification of the applicant's employment as a nurse in Texas for at least one service period and the person's current employment in Texas as of the date of the application, including the average number of hours per week the applicant worked during the last service period;(2) documentation that the applicant is licensed by the Texas Board of Nursing as a Licensed Vocational Nurse, Registered Nurse, or Advanced Practice Nurse, with no restrictions; and(3) a statement of the total amount of principal, accrued interest, fees, and other charges due on unpaid eligible education loans, as described in §23.2(c) of this chapter (relating to Eligible Lender and Eligible Education Loan), obtained for enrollment in a nursing degree or certificate program at:(A) an institution of higher education, as defined in Texas Education Code, §61.003;(B) a private or independent institution of higher education, as defined in Texas Education Code §61.003; or(C) a college or university described by Texas Education Code, §61.651(1)(C); and(4) any other document deemed necessary by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §23.302 adopted to be effective August 15, 2024, 49 TexReg 5991.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scK/s23.303"><num value="23.303">§23.303</num><heading>Applicant Ranking Priorities</heading><content>(a) If insufficient funds are available in a year to offer loan repayment assistance to all eligible applicants, then applications shall be ranked using priority determinations in the following order.(1) The Coordinating Board may choose to post an application deadline, which will be posted on the program web page. In such a case, applications received prior to the application deadline will be given priority over applications received after the application deadline.(2) Renewal applications shall be given priority over initial-year applications, unless a break in service period has occurred, in which case the application would be treated as an initial-year application for priority ranking.(3) Applications for those employed in rural counties shall be given priority over those who are not employed in rural counties. In the case of applicants serving at multiple sites, an applicant who spends at least 75 percent of their work hours serving in rural counties is considered to be working in a rural county.(4) Applications shall be ranked based on the Primary Care HPSA score in which the employer is located. Applications with the highest Primary Care HPSA score shall be given priority over applications with the next highest Primary Care HPSA score, and so on.(5) Applications from Registered Nurses shall be given priority over applications from Licensed Vocational Nurses, who shall be given priority over applications from Advanced Practice Nurses.(6) Applications shall be ranked based on the date of application submission. Applications from the group with the earliest application submission date shall be given priority over applications from the next earliest application submission date, and so on.(b) In determining the Primary Care HPSA score, the following shall apply:(1) If an applicant works for an agency located in a Primary Care HPSA that has satellite clinics and the nurse works in more than one of the clinics, the highest Primary Care HPSA score where the applicant works shall apply.(2) If an applicant travels to make home visits, the applicant's agency base location and its Primary Care HPSA score shall apply.(3) If an applicant works for different employers in multiple Primary Care HPSAs having different degrees of shortage, the location having the highest Primary Care HPSA score shall apply.</content><note type="source"><p>Source Note: The provisions of this §23.303 adopted to be effective August 15, 2024, 49 TexReg 5991.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scK/s23.304"><num value="23.304">§23.304</num><heading>Amount of Repayment Assistance</heading><content>(a) The Commissioner shall determine the maximum annual loan repayment assistance amounts offered under this subchapter to nurses working full-time, as defined in §23.301 of this subchapter (relating to Definitions). In any given year, the maximum amounts of assistance are a function of the total amount of available funding, the number of eligible applicants, and the average loan balances of program participants. Maximum amounts shall be established for the following categories of nurses:(1) Licensed Vocational Nurses;(2) Registered Nurses; and(3) Advanced Practice Nurses.(b) In any given year, a participant in the program may not receive assistance greater than one-third of the participant's loan balance as was demonstrated when the participant was first approved for assistance under this subchapter.(c) The amount of loan repayment assistance calculated for an individual participant based on subsections (a) and (b) of this section shall be pro-rated for a nurse working part-time. The pro-ration shall be based on the proportion of hours worked by the nursing faculty member in comparison to the hours worked by a nurse working full-time.</content><note type="source"><p>Source Note: The provisions of this §23.304 adopted to be effective August 15, 2024, 49 TexReg 5991.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c23/scK/s23.305"><num value="23.305">§23.305</num><heading>Limitations</heading><content>(a) No more than 10 percent of the total amount of repayment assistance in a fiscal year may be offered to individuals for the repayment of eligible loans for education received at a college or university described by Texas Education Code, §61.651(1)(C).(b) An individual's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as defined in §23.2(3) of this chapter (relating to Eligible Lender and Eligible Education Loan).(c) An individual shall not receive loan repayment assistance from the program for more than three service periods.</content><note type="source"><p>Source Note: The provisions of this §23.305 adopted to be effective August 15, 2024, 49 TexReg 5991.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c24"><num value="24">CHAPTER 24</num><heading>STUDENT LOAN PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c24/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p1/c24/scA/s24.1"><num value="24.1">§24.1</num><heading>Definitions</heading><content>The following words and terms, when used in chapter 24, shall have the following meanings, unless otherwise defined in a particular subchapter:(1) Alternative Educator Certification Program--An approved educator preparation program, delivered by entities approved by the State Board for Educator Certification under the provisions of part 7, chapter 228 of this title (relating to Requirements for Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a baccalaureate degree.(2) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.(3) Borrower--An individual who signs a student loan promissory note and thereby assumes liability for the debt and all fees associated with the note and who uses the proceeds of the loan to finance the individual's postsecondary education.(4) Commissioner--The Texas Commissioner of Higher Education.(5) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.(6) Cosigner--An individual who signs a student loan promissory note and thereby assumes liability for the debt and all fees and expenses associated with the note but who is not a direct beneficiary of the proceeds of the loan.(7) Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, personal expenses, and other allowable costs for financial aid purposes).(8) Degree or Certificate Program--A program of study leading to a baccalaureate degree, associate degree, or certificate.(9) Favorable Credit Report Evaluation--A determination made by the Coordinating Board regarding a prospective borrower or cosigner's creditworthiness. For the purposes of this chapter, a borrower or cosigner is considered to have a favorable credit report evaluation if the person:(A) Has an Experian VantageScore of 650 or higher;(B) Does not have public records that demonstrate credit concerns such as tax liens or bankruptcy proceedings;(C) Has a minimum of four credit trade lines, excluding student loans or authorized user accounts; and(D) Has not defaulted on any federal, state, or private education loans.(10) Fund--The Texas Opportunity Plan Fund as created by the Constitution of the State of Texas, Article III, 50b; the Student Loan Revenue Bond Fund authorized in the Texas Education Code, chapter 56, subchapter H; and/or the Student Loan Auxiliary Fund, authorized in the Texas Education Code, chapter 52, subchapter F.(11) Half-Time--For undergraduates, enrollment or expected enrollment for the equivalent of at least six but fewer than nine semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 50 percent of the normal full-time course load of the student's program of study as defined by the institution.(12) Institution of Higher Education--As defined in Texas Education Code, §61.003.(13) Insufficient Resources to Finance Education--A requirement for a student to be eligible for certain loan programs. For the purposes of this chapter, a student is considered to have insufficient resources to finance his or her education if the student's cost of attendance is greater than the total amount of financial aid offered to the student. The amount of federal Direct Loans for which the student is eligible must be included in the calculation of the financial aid offered, regardless of whether the student receives the loans.(14) Manageable Debt--An undergraduate student's level of aggregated student loan debt from all sources (including federal, state, and private student loans) such that the student's estimated monthly payment (for all loans) five years after graduation is less than 10 percent of the student's projected income, based on the student's course of study. See Figure 1 for more information. Attached Graphic(15) Private or Independent Institution of Higher Education--As defined in Texas Education Code, §61.003.(16) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Coordinating Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the determination of student eligibility, selection of recipients, maintenance of all records, and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the institution's chief executive officer, the director of student financial aid shall serve as Program Officer.(17) Repayment Period--The length of time during which a borrower is expected to fully repay the borrower's loan(s). The repayment period is used to determine the number of payments required to repay the loan(s) and therefore the borrower's minimum monthly payment.(18) Student Loan--A loan incurred by a student to assist in covering the student's cost of education.(19) Student Loan Debt--The outstanding balance of principal, interest, and fees associated with an individual's education or student loans.(20) Semester Credit Hour--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with Federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.</content><note type="source"><p>Source Note: The provisions of this §24.1 adopted to be effective November 13, 2025, 50 TexReg 7275.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scA/s24.2"><num value="24.2">§24.2</num><heading>Delegation of Powers and Duties</heading><content>The Board delegates to the Commissioner the powers, duties, and functions authorized by Texas Education Code, chapter 52, except those relating to the sale of bonds and the letting of contracts for insurance.</content><note type="source"><p>Source Note: The provisions of this §24.2 adopted to be effective November 13, 2025, 50 TexReg 7275.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scA/s24.3"><num value="24.3">§24.3</num><heading>Loan Disbursement to Students</heading><content>(a) Except as provided by subsection (c) of this section, disbursements of loans under this subchapter should be made in accordance with §22.2 of this title (relating to Timely Disbursement of Funds).(b) No disbursement shall be made to any student until the student and cosigner, if applicable, have executed a promissory note payable to the program for the full amount of any loan plus interest and other authorized fees.(c) Late Disbursements.(1) An eligible student may receive a loan disbursement under this program after the end of the student's period of enrollment if:(A) The student applied for a loan, and the institution certified the loan, prior to the end of the student's period of enrollment for which the loan funds are being borrowed; and(B) The loan would be used only to pay the student's outstanding account balance at the institution certifying the loan for the period of enrollment covered by the certified loan.(2) A loan may not disbursed more than 180 days after the end of the student's period of enrollment.(3) Loans that are disbursed after the end of the student's period of enrollment must be used to pay the student's outstanding balance from his or her period of enrollment at the institution. (4) Documentation must be retained by the institution proving the loan disbursed after the end of the student's period of enrollment was used to make a payment against an outstanding balance at the institution from the relevant period of enrollment.(5) Under no circumstances are funds from a late disbursed loan to be released to the student. The institution shall return any funds in excess of the outstanding balance described by paragraph (3) of this subsection to the Coordinating Board no later than six business days after the receipt of funds.(d) Applicability. The provisions of this section do not apply to the Texas Armed Services Scholarship Program, as described in chapter 22, subchapter I, of this title (relating to Texas Armed Services Scholarship Program). The timely disbursement of funds for that program is governed by §22.2 of this title (relating to Timely Disbursement of Funds).</content><note type="source"><p>Source Note: The provisions of this §24.3 adopted to be effective November 13, 2025, 50 TexReg 7275.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scA/s24.4"><num value="24.4">§24.4</num><heading>Appropriation of Funds from Former B-On-Time Student Loan Account</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings:(1) At-Risk Student--An undergraduate student who has previously received a grant under the federal Pell Grant program, met the Expected Family Contribution (EFC) criterion for a grant under that program, or whose total score on the SAT or the ACT, excluding the optional essay test, is less than the national mean of students' scores on the applicable test.(2) Eligible Institution--A general academic teaching institution described by Texas Education Code, §56.451(2)(A), or a medical and dental unit described by Texas Education Code §56.451(2)(B), as those paragraphs existed immediately before September 1, 2015.(3) Total Disbursements--The total amount of tuition set-aside funds disbursed by an eligible institution to students for the B-On-Time Loan Program during Fiscal Years 2007 through 2015.(4) Total Set-Asides--The total amount of tuition funds set aside by an eligible institution for the B-On-Time Loan Program during Fiscal Years 2007 through 2015.(5) Unused Set-Asides--The amount of funds remaining after subtracting an eligible institution's total disbursements from its total set-asides. If an eligible institution's total disbursements are greater than its total set-asides, the institution's unused set-asides are considered to be zero.(b) Allocation. After the abolition of the Texas B-On-Time Student Loan Account, the Coordinating Board may allocate any remaining money in the account to eligible institutions. Each eligible institution's proportion of the allocation shall be its unused set-asides divided by the sum of all eligible institutions' unused set-asides.(c) Verification of Data. Allocation calculations will be shared with all eligible institutions for comment and verification prior to final posting, and the institutions will be given ten (10) working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the B-On-Time disbursements for Fiscal Years 2007 through 2015 or to notify the Coordinating Board in writing of any inaccuracies.(d) An eligible institution that receives an appropriation of money under this section may use the money only to support efforts to increase the number of at-risk students who graduate from the institution or the rate at which at-risk students graduate from the institution.(e) Reporting. An eligible institution that receives an appropriation of money under this section shall provide the Coordinating Board with a report documenting the amount of its expenditures from funding received under this section and its adherence to subsection (d) of this section in a manner provided by the Commissioner.</content><note type="source"><p>Source Note: The provisions of this §24.4 adopted to be effective November 13, 2025, 50 TexReg 7275.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c24/scB"><num value="B">SUBCHAPTER B</num><heading>STUDENT LOAN SERVICING</heading><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.10"><num value="24.10">§24.10</num><heading>Authority and Purpose</heading><content>(a) Authority. Unless otherwise noted, authority for this subchapter is provided in the Texas Education Code, chapter 52, subchapter C.(b) Purpose. This subchapter establishes consistent rules relating to the servicing of education loans originated by the Coordinating Board or conditional grants that have been converted to education loans, as authorized by law, including programs for which no new loans are offered.</content><note type="source"><p>Source Note: The provisions of this §24.10 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.11"><num value="24.11">§24.11</num><heading>Applicability</heading><content>(a) Unless otherwise specified, the provisions of this subchapter apply to any non-federal student loan serviced by the Coordinating Board. (b) To the extent that there may be a conflict between a provision of this subchapter and a provision in an existing agreement with a borrower, the provisions of this subchapter will control with respect to procedural and administrative issues, and the provisions of the existing agreement will control as to any issue that implicates a borrower's substantive legal rights.(c) The subchapter also applies to state loan programs serviced by the Coordinating Board but for which no new loans are offered, including the Teach for Texas Conditional Grant Program and Alternative Certification Conditional Grant Program.</content><note type="source"><p>Source Note: The provisions of this §24.11 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.12"><num value="24.12">§24.12</num><heading>Repayment of Loans</heading><content>(a) Grace Period. The repayment period for a loan authorized under this chapter shall begin six months after:(1) the date on which the student ceases to be enrolled at least half-time at an eligible institution, for borrowers enrolled in credential programs measured in semester credit hours;(2) the anticipated graduation date certified by the institution of higher education for borrowers enrolled in programs that are not measured in semester credit hours; or(3) for Texas Armed Services Scholarships converted to loans, the date on which a scholarship is converted into a loan, as described in §22.170 of this title (relating to Conversion of the Scholarship to a Loan). (b) Prepayment. Any loans subject to this subchapter may be prepaid without penalty. Payments made before the repayment period begins do not prematurely activate the repayment period.(c) Late Charges. The Coordinating Board may assess a late charge, not to exceed the lesser of five percent (5%) of the scheduled monthly payment or five dollars ($5.00), if the past due amount is not received within 20 days of the scheduled due date.(d) Application of Payments. Subject to the terms of the promissory note, the Coordinating Board shall determine the priority order in which payments shall be applied to interest, late charges, principal, collections costs and any other charges. (e) To the extent permitted by law, the Coordinating Board may offer a variety of repayment plans to applicable borrowers. (f) The repayment period for Teach for Texas Conditional Grant Program and Alternative Certification Conditional Grant Program (programs for which no new loans are offered but are still serviced by the Coordinating Board) may not exceed 10 years.</content><note type="source"><p>Source Note: The provisions of this §24.12 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.13"><num value="24.13">§24.13</num><heading>Interest Rate Adjustment for Repayment via Auto-Debit or Automated Clearing House (ACH)</heading><content>The Coordinating Board may adjust the interest rate for a loan to be one-quarter percentage point lower than the interest rate set by the Commissioner for the loan's program if the adjusted interest rate is conditioned upon the borrower enrolling in automated payments via auto-debit, Automated Clearing House (ACH), or similar automated funds transfer processes for scheduled repayment of the loan.</content><note type="source"><p>Source Note: The provisions of this §24.13 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.14"><num value="24.14">§24.14</num><heading>Forbearance</heading><content>(a) In this section, "forbearance" means discretionary permission from the Coordinating Board that allows:(1) a borrower to postpone payments temporarily;(2) an extension of time for making payments; or(3) a temporary reduction in the payment amount from the amount that was previously scheduled.(b) Upon receiving a written or verbal request stating the circumstances that merit such consideration, the Coordinating Board may grant periods of forbearance on any account held by the Coordinating Board for:(1) unusual financial hardship;(2) enrollment at least half-time in a postsecondary institution that is eligible to receive federal student aid; or(3) full-time, active duty service in the armed services of the United States or state military forces, as defined in Texas Government Code, §431.001. (c) The Coordinating Board may request supplemental documentation as needed regarding the request for forbearance.(d) Interest will continue to accrue on a borrower's loans during periods of forbearance. The Coordinating Board will recalculate the borrower's minimum monthly payment upon conclusion of a period of forbearance to reflect the accrued interest.(e) An authorized forbearance under this section extends the repayment period of the borrower's applicable loan(s), to the extent authorized by law.</content><note type="source"><p>Source Note: The provisions of this §24.14 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.15"><num value="24.15">§24.15</num><heading>Deceased or Disabled Borrowers or Cosigners</heading><content>(a) Verification of Death or Disability. The final verification of death or determination of permanent and total disability of a borrower or cosigner shall be made by the Coordinating Board in a manner consistent with the Federal Direct Loan Program.(b) Discharge of Borrower Liability. Upon final verification of the death or determination of permanent and total disability of a borrower, all loans originated by the Coordinating Board shall be discharged unless there is a judgement against the borrower.(c) Discharge of Cosigner Liability. (1) Upon final verification of the death or determination of permanent and total disability of a borrower, the Coordinating Board shall release the liability of the cosigner and advise the Office of Attorney General of such if there is a judgment against the cosigner.(2) Upon final verification of the death or determination of permanent and total disability of a cosigner, the Coordinating Board shall release the liability of the cosigner and notify the Office of Attorney General of such if there is a judgment against the cosigner.(d) A borrower or cosigner who provides documentation of a 100-percent disability rating from the United States Department of Veterans Affairs is considered to have a total and permanent disability for the purposes of this section.</content><note type="source"><p>Source Note: The provisions of this §24.15 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.16"><num value="24.16">§24.16</num><heading>Enforcement of Collection</heading><content>(a) When any borrower or cosigner fails or refuses to make as many as six monthly payments due in accordance with an executed promissory note for a student loan originated by the Coordinating Board, the full amount of remaining principal, accrued interest, and other charges shall become due and payable immediately. (b) When any borrower or cosigner fails or refuses to make as many as six payments due in accordance with an executed note for a student loan originated by the Coordinating Board, the loan will be considered in default, and the Coordinating Board must report this information to the Office of Attorney General, which then may file suit for the outstanding balance.(c) Collection Charges. In the case of accounts with multiple payments due, the Coordinating Board may authorize the assessment of charges necessary to collect the loan which may include court costs fees, attorney fees, skip-trace fees, and long-distance telephone charges.(d) Cosigner Responsibilities. Loan cosigners are guarantors of payment and not of collection; it is not necessary for the Coordinating Board to demonstrate that the borrower is insolvent before it may pursue collection against the cosigner.(e) For the purposes of any promissory note executed by a borrower, the defense that he or she was a minor at the time he or she executed a note shall not be available to him or her in any action arising on the note.</content><note type="source"><p>Source Note: The provisions of this §24.16 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.17"><num value="24.17">§24.17</num><heading>Health Education Loan Program</heading><content>(a) Definitions. In addition to the words and terms defined in §24.1 of this chapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) HEAL--Health Education Assistance Loan Program authorized by the Public Health Service Act, as amended, 42 U.S.C. §§292 - 292y.(2) HELP or Program--The Health Education Loan Program.(b) Repayment Period. All HELP loans shall be repaid in accordance with the statutes and regulations governing the HEAL Program.(c) Minimum Repayment Amount. The Coordinating Board shall provide a repayment schedule in which all of the HELP notes extended by the Board to a borrower are treated as an account, and the repayment amount shall be calculated to repay the account over the maximum authorized period. The minimum annual repayment shall not be less than the amount that would have been provided by 42 U.S.C.S. §292(d), if the loan had been extended by the HEAL program.(d) Deferments. The Coordinating Board shall grant deferments of loan repayment for HELP loans in the manner and under the circumstances provided for the HEAL loans in the Public Health Service Act, as amended, 42 U.S.C. §§292 - 292y. Authorized deferments for HEAL and HELP loans shall not extend the maximum repayment period.(e) Deceased or Disabled Borrowers or Cosigners. Notwithstanding §24.15 of this subchapter (relating to Deceased or Disabled Borrowers or Cosigners), the Coordinating Board shall make the final verification of death and determination of permanent and total disability of a borrower in accordance with the governing provisions of the HEAL program.</content><note type="source"><p>Source Note: The provisions of this §24.17 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scB/s24.18"><num value="24.18">§24.18</num><heading>Texas B-On-Time Loan Program</heading><content>(a) Authority. Authority for this section is provided in the Texas Education Code, §56.0092.(b) Purpose. The provisions of this section provide for the servicing and forgiveness of loans originated by the Coordinating Board through the Texas B-On-Time Loan Program.(c) Definitions. In addition to the words and terms defined in §24.1 of this chapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Degree in Architecture--The completion credential awarded to a student who has completed satisfactorily the curriculum that the Board has approved as a baccalaureate degree program identified as belonging to Category 04.0201 of the Texas CIP Codes.(2) Degree in Engineering--The completion credential awarded to a student who has completed satisfactorily the curriculum that the Board has approved as a baccalaureate degree program identified as belonging to Category 14 of the Texas CIP Codes.(3) Texas CIP Codes--Classification codes for degree programs, agreed upon by institutions and approved by the Board, based on curricular content belonging to categories within the federal Classification of Instructional Programs (CIP) published by the National Center for Educational Statistics. Texas CIP Codes are available at http://www.txhighereddata.org/Interactive/CIP/. (d) Forgiveness of Loans. A Texas B-On-Time loan shall be forgiven, upon request of the student, if the student was awarded a baccalaureate degree from an eligible institution, and the student either:(1) graduated with a B average, or the equivalent of a cumulative grade point average of at least 3.0 on a four-point scale, and received:(A) a baccalaureate degree within four calendar years after the date the student initially enrolled in an eligible institution; or(B) a baccalaureate degree within five calendar years after the date the student initially enrolled in an eligible institution if the institution has reported or will report that the student graduated with a degree in architecture, engineering, or any other program that the institution certifies to the Board is a program that requires more than four years to complete; or(2) graduated with a B average, or the equivalent of a cumulative grade point average of at least 3.0 on a four-point scale, with a total number of course credit hours earned, including transfer credit hours and excluding hours earned exclusively by examination, dual credit course hours, and hours earned for developmental coursework that an institution required the student to take under the former provisions of Texas Education Code, §51.3062 (relating to Success Initiative), or under the former provisions of Texas Education Code, §51.306 (relating to Texas Academic Skills Program), that is not more than six hours more than the number of credit hours required to complete a baccalaureate degree.(e) Loan Interest. There shall be no interest charged for a Texas B-On-Time Loan unless a judgment is obtained against the borrower for default in payment. If a judgment should be taken, the interest rate shall be the amount specified in §304.003 of the Texas Finance Code, (relating to Judgment Interest Rate: Interest Rate or Time Price Differential Not in Contract).(f) Deferment. An education deferment is available to any borrower whose account is not in default and who provides the Coordinating Board with documentation of enrollment for at least a half-time course load.(g) Repayment Period. All loans extended under this program to any borrower shall be placed by the Coordinating Board into an "account," with the full amount of principal and any fees and costs that accrue over the life of the loans to be repaid in monthly installments which shall be calculated to repay the account over a period of not more than 15 years from the beginning of the repayment period. In no case will the minimum annual repayment on the account be less than $900.</content><note type="source"><p>Source Note: The provisions of this §24.18 adopted to be effective November 13, 2025, 50 TexReg 7276.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c24/scC"><num value="C">SUBCHAPTER C</num><heading>ANNUAL STUDENT LOAN DEBT DISCLOSURE</heading><section identifier="/us/state/tx/tac/t19/p1/c24/scC/s24.30"><num value="24.30">§24.30</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §52.335.(b) Purpose. The purpose of the annual student loan debt disclosure is to provide students with timely information regarding their student loan debt so they can make informed decisions about financing their education.</content><note type="source"><p>Source Note: The provisions of this §24.30 adopted to be effective November 13, 2025, 50 TexReg 7277.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scC/s24.31"><num value="24.31">§24.31</num><heading>Required Disclosure</heading><content>(a) Each institution of higher education, private or independent institution of higher education, or regional education service center described by §24.42(a)(3) of this chapter (relating to Eligible Institutions) participating in a program under this chapter that enrolls one or more students receiving state financial aid administered by the Coordinating Board shall provide estimates to each enrolled student described by subsection (b) of this section regarding his or her student loan obligations. The estimates shall:(1) be provided at least annually;(2) be sent electronically in a manner that complies with the Family Educational Rights and Privacy Act (20 U.S.C. §1232g; 34 CFR Part 99) and the participating higher educational institution's privacy standards; and(3) include the required elements described in §24.32 of this subchapter (relating to Disclosure Elements). (b) An institution shall make a disclosure to any student enrolled at the institution:(1) who has a balance on one or more student loans; and(2) whose debt records are received by the institution.(c) An institution does not incur liability for any representation made in a disclosure under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §24.31 adopted to be effective November 13, 2025, 50 TexReg 7277.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scC/s24.32"><num value="24.32">§24.32</num><heading>Disclosure Elements</heading><content>(a) A disclosure made under this subchapter shall include estimates of:(1) the unpaid amount of federal and state student loans incurred by the student, with each type of loan identified;(2) the total payoff amount (or a range of that amount), including principal and interest, of the loans described by paragraph (1) of this subsection, based, at a minimum, on a 10-year repayment plan; and(3) the monthly repayment amount that a student may incur for the repayment of the loans described by paragraph (1) of this subsection, based, at a minimum, on a 10-year repayment plan.(b) Disclosures shall include student loan debt information that the participating higher educational institution receives or otherwise obtains from the United States Department of Education's central database for student aid, currently known as the National Student Loan Data System, which is shared with institutions through the Institutional Student Information Record (ISIR), as well as information that the institution may reasonably collect from its own records.(c) The electronic communication of the disclosure must explain the following:(1) that the disclosure is not a complete and official record of the student's unpaid student loan debt;(2) why the disclosure may not be complete or accurate, including an explanation that for a transfer student, the institution's estimates regarding state loans reflect only state loans incurred by the student for attendance at the current institution, and not prior institutions; and(3) that the institution's estimates are general in nature and are not intended as a guarantee or promise.</content><note type="source"><p>Source Note: The provisions of this §24.32 adopted to be effective November 13, 2025, 50 TexReg 7277.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c24/scD"><num value="D">SUBCHAPTER D</num><heading>COLLEGE ACCESS LOAN PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c24/scD/s24.40"><num value="24.40">§24.40</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 52, subchapter C.(b) Purpose. This subchapter establishes rules relating to the administration of the College Access Loan Program. The program provides fixed-interest loans to improve access to higher education for eligible students who have insufficient resources to finance their education.</content><note type="source"><p>Source Note: The provisions of this §24.40 adopted to be effective November 13, 2025, 50 TexReg 7278.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scD/s24.41"><num value="24.41">§24.41</num><heading>Definitions</heading><content>In addition to the words and terms defined in §24.1 of this chapter (relating to Definitions), the terms "CAL" or "Program" mean the College Access Loan Program.</content><note type="source"><p>Source Note: The provisions of this §24.41 adopted to be effective November 13, 2025, 50 TexReg 7278.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scD/s24.42"><num value="24.42">§24.42</num><heading>Eligible Institutions</heading><content>(a) An institution is eligible to participate in the Program if it is:(1) an institution of higher education, as defined in §24.1 of this chapter (relating to Definitions);(2) a private or independent institution of higher education, as defined in §24.1 of this chapter; or (3) a regional education service center established and operated by the Commissioner of Education under Texas Education Code, chapter 8, or another entity that offers an alternative educator certification program, as defined in §24.1 of this chapter. (b) Each participating institution shall designate a Program Officer who will act as the Coordinating Board's on-campus agent. This officer shall certify all institutional transactions and activities with regard to the Fund, as defined in §24.1 of this chapter, and shall be responsible for all records and reports reflecting the transactions with respect to the Fund. The Program Officer may authorize other student financial aid officials at the institution to certify College Access Loan Program applications.(c) Participating institutions shall promptly report borrower changes in enrollment status to the Coordinating Board directly or to the National Student Clearinghouse.</content><note type="source"><p>Source Note: The provisions of this §24.42 adopted to be effective November 13, 2025, 50 TexReg 7278.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scD/s24.43"><num value="24.43">§24.43</num><heading>Eligible Students</heading><content>Subject to the requirements in §24.45 of this subchapter (relating to Loan Amount and Interest Rate), the Coordinating Board may authorize, or cause to be authorized, a College Access Loan to a student at any eligible institution which certifies that the student meets program qualifications, if the student:(1) is a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);(2) has been accepted for or is currently enrolled at least half-time at a participating institution in:(A) a degree or certificate program, as defined in §24.1 of this chapter (relating to Definitions); or(B) an approved alternative educator certification program, as defined in §24.41 of this subchapter (relating to Definitions);(3) has insufficient resources to finance his or her education, as defined in §24.1 of this chapter;(4) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);(5) has provided the name and contact information for two references who live at separate addresses and are expected to know the student's current address at all times throughout the life of the loan;(6) is making satisfactory academic progress, as determined by the institution, toward the student's educational goals; and(7) has received a favorable credit report evaluation, as defined in §24.1 of this chapter, or has obtained the signature of a qualified cosigner who has received a favorable credit report evaluation.</content><note type="source"><p>Source Note: The provisions of this §24.43 adopted to be effective November 13, 2025, 50 TexReg 7278.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scD/s24.44"><num value="24.44">§24.44</num><heading>Cosigner Requirements</heading><content>(a) To be eligible to be cosigner for an otherwise eligible student, a person must:(1) be at least 21 years of age;(2) be a United States citizen, or a permanent U.S. resident;(3) reside in the United States or a U.S. territory;(4) have a regular source of income; and(5) receive a favorable credit report evaluation, as defined in §24.1 of this chapter (relating to Definitions). (b) A spouse may not act as the cosigner for the student.</content><note type="source"><p>Source Note: The provisions of this §24.44 adopted to be effective November 13, 2025, 50 TexReg 7278.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scD/s24.45"><num value="24.45">§24.45</num><heading>Loan Amount and Interest Rate</heading><content>(a) Minimum Loan Amount. No College Access Loan may be authorized for less than $100.(b) Annual Loan Limit. In no case shall the annual loan amount exceed the difference between the cost of attendance and the financial resources available to the applicant, including the applicant's scholarships, gifts, grants, and other financial aid. The student's maximum eligibility for Federal Direct Loans, except for Federal PLUS loans, must be considered by the institution as other financial aid, whether or not the student actually receives such assistance.(c) Aggregate Loan Limit. (1) For undergraduate students, the maximum aggregate loan amount for any eligible student shall not exceed the student's manageable debt level, as defined in §24.1 of this chapter (relating to Definitions). (2) For graduate and professional students, the maximum aggregate loan amount for an eligible student is the sum of the student's annual limits.(d) Interest Rate. The interest rate charged for new loans shall be set from time to time by the Commissioner, shall be simple interest, and shall begin to accrue on the outstanding principal from the date of disbursement, including during periods of forbearance.</content><note type="source"><p>Source Note: The provisions of this §24.45 adopted to be effective November 13, 2025, 50 TexReg 7278.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scD/s24.46"><num value="24.46">§24.46</num><heading>Repayment of Loans</heading><content>(a) Repayment Period. The repayment period for a College Access Loan shall be:(1) Ten (10) years, if the amount of principal owed by the borrower on loans authorized under this chapter is less than $30,000; or (2) Twenty (20) years, if the amount of principal owed by the borrower on loans authorized under this chapter exceeds $30,000.(b) Minimum Monthly Payment. Unless a lower monthly payment is authorized under §24.14 of this chapter (relating to Forbearance), a borrower's minimum monthly payment for a College Access Loan shall be the greater of:(1) the amount required to amortize the loan over the course of the repayment period; or(2) fifty dollars ($50.00).</content><note type="source"><p>Source Note: The provisions of this §24.46 adopted to be effective November 13, 2025, 50 TexReg 7278.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c24/scE"><num value="E">SUBCHAPTER E</num><heading>FUTURE OCCUPATIONS & RESKILLING WORKFORCE ADVANCEMENT TO REACH DEMAND (FORWARD) LOAN PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.50"><num value="24.50">§24.50</num><heading>Authority and Purpose</heading><content>(a) Authority. Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §§52.32 - 52.39 and §52.54.(b) Purpose. This subchapter establishes rules relating to the administration of the Future Occupations & Reskilling Workforce Advancement to Reach Demand (FORWARD) Loan Program. The program provides access to low interest loans to cover educational expenses, with the goal of accelerating the ability of employers throughout the State of Texas to fill high-demand jobs while providing students with high-value credentials.</content><note type="source"><p>Source Note: The provisions of this §24.50 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.51"><num value="24.51">§24.51</num><heading>Definitions</heading><content>In addition to the words and terms defined in §24.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) FORWARD or Program--The Future Occupations & Reskilling Workforce Advancement to Reach Demand Loan Program.(2) High-Demand Credential--Undergraduate degrees, certificates, or short-term credentials identified by the Coordinating Board in consultation with the Texas Workforce Commission, Texas Workforce Investment Council, and the Governor's Office of Economic Development and Tourism as filling critical workforce needs in the state while providing a high-value credential to students upon completion.</content><note type="source"><p>Source Note: The provisions of this §24.51 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.52"><num value="24.52">§24.52</num><heading>Eligible Institutions</heading><content>(a) An institution is eligible to participate in the Program if it is:(1) an institution of higher education, as defined in §24.1 of this chapter (relating to Definitions);(2) a private or independent institution of higher education, as defined in §24.1 of this chapter; or (3) a regional education service center established and operated by the Commissioner of Education under Texas Education Code, chapter 8, or another entity that offers an alternative educator certification program, as defined in §24.1 of this chapter. (b) Each participating institution shall designate a Program Officer who will act as the Coordinating Board's on-campus agent. This officer shall certify all institutional transactions and activities with regard to the Program and shall be responsible for all records and reports reflecting the transactions with respect to the Fund. The Program Officer may authorize other student financial aid officials at the institution to certify FORWARD Loan Program applications. (c) Each participating institution shall promptly report student borrower changes in enrollment status to the Coordinating Board directly or to the National Student Clearinghouse.</content><note type="source"><p>Source Note: The provisions of this §24.52 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.53"><num value="24.53">§24.53</num><heading>Eligible Students</heading><content>(a) The Coordinating Board may authorize, or cause to be authorized, loans through the Program to students at any eligible institution that certifies that the student meets program qualifications, if the student:(1) is a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);(2) is enrolled in an eligible high-demand credential program, as defined in §24.51 of this subchapter (relating to Definitions), and is determined by the student's institution to be able to complete the credential program within two years after receiving a loan under this Program;(3) has insufficient resources to finance the student's education, as defined in §24.1 of this chapter (relating to Definitions); (4) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);(5) has provided the name and contact information for two references who live at separate addresses and are expected to know the student's current address at all times throughout the life of the loan;(6) is making satisfactory academic progress toward the eligible high-demand credential as determined by the institution; and(7) has received a favorable credit report evaluation, as defined in §24.1 of this chapter, or has obtained the signature of a qualified cosigner who has received a favorable credit report evaluation.(b) For students enrolled in degree programs, the student must have completed at least 50 percent of the required coursework prior to receiving a loan through the Program.(c) For students enrolled in non-degree programs, the program's duration must be less than two years.(d) Students enrolled in master's degree coursework are eligible for this Program if the master's degree is part of a combined baccalaureate-master's program approved by the institution of higher education. The student's combined baccalaureate-master's program is considered a single high-demand credential program for the purposes of paragraph (a)(2) and subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §24.53 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.54"><num value="24.54">§24.54</num><heading>Discontinuation of Eligibility</heading><content>(a) A student's eligibility for the program ends two years from the start of the semester in which the student received the first loan through the Program unless the student is granted a hardship extension in accordance with §22.55 of this subchapter (relating to Hardship Provisions).(b) In circumstances when a prior recipient of a loan through this Program is no longer eligible solely due to not meeting the requirement of being enrolled in an eligible high-demand credential program per §22.53(a)(2) of this subchapter (relating to Eligible Students), the student may continue to receive loans through the Program if:(1) The student continues to be enrolled in the credential program that was used to demonstrate initial eligibility for the Program; and(2) The student continues to meet all other eligibility criteria outlined in §22.53 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §24.54 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.55"><num value="24.55">§24.55</num><heading>Hardship Provisions</heading><content>(a) In the event of a hardship or for other good cause, the Program Officer at a participating institution may allow an otherwise eligible student to receive a loan through this Program:(1) while not meeting the satisfactory academic progress requirements, as defined in §22.53(a)(3) of this subchapter (relating to Eligible Students); or(2) while enrolled beyond the time limit restrictions defined in §22.54(a) of this subchapter (relating to Discontinuation of Eligibility).(b) Hardship conditions may include, but are not limited to:(1) documentation of a severe illness or other debilitating condition that may affect the student's academic performance; or(2) documentation that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or(3) documentation of the birth of a child or placement of a child with the student for adoption or foster care that may affect the student's academic performance.(c) Documentation of the hardship circumstances approved for a student to receive a loan must be kept in the student's files, and the institution must identify students approved for a loan based on a hardship to the Coordinating Board upon request.(d) Each institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.</content><note type="source"><p>Source Note: The provisions of this §24.55 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.56"><num value="24.56">§24.56</num><heading>Eligible High-Demand Credentials</heading><content>(a) The Coordinating Board shall determine which high-demand credentials shall be eligible for loans under the Program, in consultation with the Texas Workforce Commission, Texas Workforce Investment Council, and the Governor's Office of Economic Development and Tourism or their delegates. Eligible credentials will be reassessed and published annually on the Coordinating Board's website.(b) Eligible credentials shall be selected based on current and projected workforce demands and the ability of students to graduate from identified programs with manageable debt, as described by §24.58(c) of this subchapter (relating to Loan Amount and Interest Rate).(c) Selected credentials must meet measures for credentials of value to students and employers, as defined by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §24.56 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.57"><num value="24.57">§24.57</num><heading>Cosigner Requirements</heading><content>(a) To be eligible to be consigner for an otherwise eligible student, a person must:(1) be at least 21 years of age;(2) be a United States citizen, or a permanent U.S. resident;(3) reside in the United States or a U.S. territory;(4) have a regular source of income; and(5) receive a favorable credit report evaluation as defined in §24.1 of this chapter (relating to Definitions). (b) A spouse may not act as the cosigner for the student.</content><note type="source"><p>Source Note: The provisions of this §24.57 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.58"><num value="24.58">§24.58</num><heading>Loan Amount and Interest Rate</heading><content>(a) Minimum Loan Amount. No FORWARD loan may be authorized for less than $100.(b) Annual Loan Limit. In no case shall the annual loan amount exceed the difference between the cost of attendance and the financial resources available to the applicant, including the applicant's scholarships, gifts, grants, and other financial aid. The student's maximum eligibility for Federal Direct Loans, except for Federal PLUS loans, must be considered by the institution as other financial aid, whether or not the student actually receives such assistance.(c) Aggregate Loan Limit. The maximum aggregate loan amount for any eligible student shall not exceed the student's manageable debt level, as defined in §24.1 of this chapter (relating to Definitions). (d) Interest Rate. The interest rate charged for new loans through this program shall be set from time to time by the Commissioner, shall be simple interest, and shall begin to accrue on the outstanding principal from the date of disbursement, including during periods of forbearance.</content><note type="source"><p>Source Note: The provisions of this §24.58 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scE/s24.59"><num value="24.59">§24.59</num><heading>Repayment of Loans</heading><content>(a) Repayment Period. The repayment period for a FORWARD loan shall be 10 years.(b) Monthly Repayment Amount. The method for calculating the monthly repayment amount for loans through this Program shall be determined each biennium by the Commissioner, and shall be calculated annually based on:(1) the borrower's income, as demonstrated through federal income tax returns or other documentation determined to be acceptable by the Coordinating Board;(2) the borrower's monthly accrued interest on loans through the Program; and(3) the borrower's cumulative outstanding student loan balance.(c) Income threshold. The Coordinating Board may automatically place a borrower in forbearance when the borrower's demonstrated income is below a threshold established by the Coordinating Board in consultation with the Texas Workforce Commission.</content><note type="source"><p>Source Note: The provisions of this §24.59 adopted to be effective November 13, 2025, 50 TexReg 7279.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c24/scF"><num value="F">SUBCHAPTER F</num><heading>TEXAS ARMED SERVICES SCHOLARSHIPS CONVERTED TO LOANS</heading><section identifier="/us/state/tx/tac/t19/p1/c24/scF/s24.70"><num value="24.70">§24.70</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter FF, Texas Armed Services Scholarship Program and specifically §61.9774. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.9771 - 61.9776.(b) Purpose. This subchapter establishes rules relating to the administration of the Texas Armed Services Scholarships that convert to loans. Rules relating to the administration of the Texas Armed Services Scholarship Program generally are located in chapter 22, subchapter I, of this title (relating to Texas Armed Services Scholarship Program).</content><note type="source"><p>Source Note: The provisions of this §24.70 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scF/s24.71"><num value="24.71">§24.71</num><heading>Definitions</heading><content>In addition to the words and terms defined in §24.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Loan--A Texas Armed Services Scholarship that has become a loan as outlined in §22.170 of this title (relating to Conversion of the Scholarship to a Loan).(2) Scholarship--A conditional scholarship through the Texas Armed Services Scholarship Program.(3) TASSP or Program--The Texas Armed Services Scholarship Program.</content><note type="source"><p>Source Note: The provisions of this §24.71 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scF/s24.72"><num value="24.72">§24.72</num><heading>Loan Amounts and Interest Rates</heading><content>(a) A Scholarship is considered a Loan on the date the recipient has failed to meet the conditions of the Scholarship described in §22.170 of this title (relating to Conversion of the Scholarship to a Loan). Each year of the Scholarship that is disbursed to the student is considered a separate Loan.(b) Loan Amounts. The principal owed for each Loan is the amount of the Scholarship disbursed. The full amount must be repaid, plus interest accrued.(c) Interest Rates. The interest rate for each Loan shall be the same interest rate charged for a College Access Loan at the time the Scholarship funds were disbursed. (d) Interest Accrual. Interest shall begin to accrue on the date the Scholarship is converted to a Loan.</content><note type="source"><p>Source Note: The provisions of this §24.72 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scF/s24.73"><num value="24.73">§24.73</num><heading>Repayment of Loan</heading><content>(a) Repayment Period. The repayment period for a Loan under this subchapter shall be 15 years.(b) Minimum Monthly Payment. Unless a lower monthly payment is authorized under §24.14 of this chapter (relating to Forbearance), a borrower's minimum monthly payment for a Loan shall be the greater of:(1) the amount required to amortize the Loan over the course of the repayment period; or(2) one hundred dollars ($100.00).</content><note type="source"><p>Source Note: The provisions of this §24.73 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scF/s24.74"><num value="24.74">§24.74</num><heading>Exemption and Cancellation</heading><content>In addition to the conditions for discharge of a Loan listed in §24.16 of this chapter (relating to Deceased or Disabled Borrowers or Cosigners), a recipient shall be exempt from the requirement to repay the Loan if the person is unable to meet the obligations described by §22.168(b)(2) of this title (relating to Promissory Note) solely as a result of:(1) physical inability, verified by a physician's certification and/or other appropriate documentation to the satisfaction of the Coordinating Board; or(2) an exceptional circumstance beyond the recipient's control, as determined by the Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §24.74 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p1/c24/scG"><num value="G">SUBCHAPTER G</num><heading>SERVICING OF FEDERAL STUDENT LOANS</heading><section identifier="/us/state/tx/tac/t19/p1/c24/scG/s24.80"><num value="24.80">§24.80</num><heading>Authority and Purpose</heading><content>(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §52.54.(b) Purpose. The provisions of this subchapter address the servicing, through the Hinson-Hazlewood College Student Loan Program, of student loans originated by the federal government, which the Coordinating Board is authorized to engage in by Texas Education Code, §52.41.</content><note type="source"><p>Source Note: The provisions of this §24.80 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scG/s24.81"><num value="24.81">§24.81</num><heading>Applicability</heading><content>Unless otherwise stated, the provisions of subchapter B of this chapter (relating to Student Loan Servicing) do not apply to the servicing of loans under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §24.81 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scG/s24.82"><num value="24.82">§24.82</num><heading>Common Provisions</heading><content>(a) Applicability. The provisions of this section apply to the programs described in §§24.83 - 24.85 of this subchapter (relating to Federal Stafford Loan (FSL) Program, Federal Supplemental Loan for Students (FSLS) Program, and Health Education Assistance Loan (HEAL) Program, respectively). This section does not apply to loans described by §24.86 of this subchapter (relating to Hinson-Hazlewood College Student Loans Made Before Fall Semester, 1971, and Not Subject to the Federally Insured Student Loan Program).(b) Prepayment. Loans made under this subchapter may be prepaid without penalty.(c) Late Charges. The Coordinating Board may assess a late charge, not to exceed the lesser of five percent (5%) of the scheduled monthly payment or five dollars ($5.00), if the past due amount is not received within 20 days of the scheduled due date.(d) The provisions of §24.13 of this chapter (relating to Interest Rate Adjustment for Repayment via Auto-Debit or Automated Clearing House (ACH)) apply to loans authorized under this subchapter.(e) Deferments. The Coordinating Board shall grant deferments of loan repayment for FSL loans as required by law, to any borrower whose account is not in default and who makes an adequate showing of entitlement. Authorized deferments shall extend the repayment period. Interest does not accrue during periods of deferment.(f) Forbearance. The Coordinating Board may grant periods of forbearance in accordance with the applicable statutes and rules of the applicable program.(1) Authorized forbearances shall extend the repayment period.(2) Interest will continue to accrue on a borrower's loans during periods of forbearance. The Coordinating Board will recalculate the borrower's minimum monthly payment after a period of forbearance to reflect the accrued interest. (g) Application of Payments. In accordance with the terms of the promissory note, the Coordinating Board shall determine the priority order in which payments shall be applied to interest, late charges, principal, collections costs and any other charges.(h) Deceased or Disabled Borrowers or Cosigners. Verification of death and determination of permanent and total disability of a borrower or cosigner through each program shall be made by the U.S. Secretary of Education in accordance with the governing provisions of the applicable program. Disposition of borrower and/or cosigner liability upon final verification of death and determination of permanent and total disability of a borrower or cosigner shall be made consistent with §24.15 of this chapter (relating to Deceased or Disabled Borrowers or Cosigners).</content><note type="source"><p>Source Note: The provisions of this §24.82 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scG/s24.83"><num value="24.83">§24.83</num><heading>Federal Stafford Loan (FSL) Program</heading><content>(a) Repayment Period. All loans shall be repaid in accordance with the statutes and regulations governing the Federal Family Education Loan Program.(b) Minimum Repayment Amount. The Coordinating Board shall provide a repayment schedule in which all of a borrower's FSL loans are treated as one account, and the repayment amount shall be calculated to repay the full amount over the maximum authorized period. In no case will the minimum annual repayment on the account be less than $600.(c) Enforcement of Collection. When a borrower defaults on a FSL account, the Coordinating Board may file a default claim with the appropriate guarantor.</content><note type="source"><p>Source Note: The provisions of this §24.83 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scG/s24.84"><num value="24.84">§24.84</num><heading>Federal Supplemental Loans for Students (FSLS) Program</heading><content>(a) Repayment Period. All loans shall be repaid in accordance with the statutes and regulations governing the Federal Family Education Loan Program.(b) Minimum Repayment Amount. The Coordinating Board shall provide a repayment schedule in which all a borrower's FSLS loans are treated as one account, and the repayment amount shall be calculated to repay the full amount over the maximum authorized period. In no case will the minimum annual repayment on the account be less than $600.(c) Enforcement of Collection. When a borrower defaults on a FSLS account, the Coordinating Board may file a default claim with the appropriate guarantor.</content><note type="source"><p>Source Note: The provisions of this §24.84 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scG/s24.85"><num value="24.85">§24.85</num><heading>Health Education Assistance Loan (HEAL) Program</heading><content>(a) Repayment Period. All loans shall be repaid in accordance with the statutes and regulations governing the Health Education Assistance Loan Program, authorized by the Public Health Service Act, as amended, 42 U.S.C. §§292 - 292y.(b) Minimum Repayment Amount. The Coordinating Board shall provide a repayment schedule in which all of a borrower's HEAL loans are treated as one account, and the repayment amount shall be calculated to repay the full amount over the maximum authorized period. The minimum annual repayment shall not be less than the amount provided by 42 USCS 292(d).(c) Enforcement of Collection. When a borrower defaults on a HEAL account, the Board may file suit in order to perfect a default claim with the appropriate guarantor.</content><note type="source"><p>Source Note: The provisions of this §24.85 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c24/scG/s24.86"><num value="24.86">§24.86</num><heading>Hinson-Hazlewood College Student Loans Made Before Fall Semester, 1971, and Not Subject to the Federally Insured Student Loan Program</heading><content>(a) Loan Terms. Principal amounts of all authorized loans shall be repaid in installments over a period of not less than five years (unless sooner repaid) nor more than 10 years, except that the period of the loan may not exceed 15 years from the execution of the note or written agreement evidencing it.(b) Loan Interest. The interest rate to be charged for any student loan shall be 6.0% per annum on all loans made under the Hinson-Hazlewood College Student Loan Act on or before August 31, 1969, and the interest rate to be charged for any student loan made on or after September 1, 1969, shall be seven percent (7%) per annum, and such interest shall accrue from the date of the note evidencing the loan is executed. Except for loans subject to the interest subsidy provisions of the Higher Education Act of 1965, Title IV, Part B, §428(a), as amended, and 45 Code of Federal Regulations Part 177, payment of interest by an undergraduate student shall be postponed so long as such student is enrolled in an institution of higher education for at least one-half of the normal course load, as determined by the institution, and payment of interest by a graduate or professional student shall be postponed so long as such student is enrolled in an institution of higher education and is making satisfactory progress toward the completion of his program, provided that such interest shall accrue from the date of the note evidencing the loan is executed.(c) Interest Subsidy. Loans made pursuant to this subchapter are eligible for interest subsidy to be paid in accordance with Public Law 89-329, the Higher Education Act of 1965, and 45 Code of Federal Regulations Part 177.(d) Repayment of Loans. Repayment of any loan and interest authorized under the Act shall be made directly to the Fund and shall be made monthly in an amount of not less than $15 or an amount to be approved by the Coordinating Board.(e) Forbearance. The Coordinating Board may authorize a period of forbearance for a borrower under this section in accordance with §24.14 of this chapter (relating to Forbearance).(f) Enforcement of Collection. The provisions of §24.16 of this chapter (relating to Enforcement of Collection) apply to loans described by this section.</content><note type="source"><p>Source Note: The provisions of this §24.86 adopted to be effective November 13, 2025, 50 TexReg 7280.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p1/c25"><num value="25">CHAPTER 25</num><heading>OPTIONAL RETIREMENT PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t19/p1/c25/scA"><num value="A">SUBCHAPTER A</num><heading>OPTIONAL RETIREMENT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p1/c25/scA/s25.1"><num value="25.1">§25.1</num><heading>Purpose</heading><content>The purpose of these rules is to administer the Optional Retirement Program, to establish eligibility for the Optional Retirement Program and to provide for greater uniformity of procedures for administration of the Optional Retirement Program by Texas public institutions of higher education.</content><note type="source"><p>Source Note: The provisions of this §25.1 adopted to be effective May 23, 2004, 29 TexReg 5079.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c25/scA/s25.2"><num value="25.2">§25.2</num><heading>Authority</heading><content>The authority for these provisions is provided by Texas Government Code, Chapter 830.</content><note type="source"><p>Source Note: The provisions of this §25.2 adopted to be effective May 23, 2004, 29 TexReg 5079.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c25/scA/s25.3"><num value="25.3">§25.3</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Active Participation--Period of employment during which an ORP participant makes regular ORP contributions through payroll deduction based on the statutory percentage of the employee's salary earned during that period, which along with the matching employer contributions, are sent by the ORP employer to an authorized ORP company. A faculty member who is not employed by a Texas public institution of higher education during the three summer months but who was participating in ORP at the end of the spring semester immediately preceding the summer and who resumes ORP participation with the same or another Texas public institution of higher education in the fall semester immediately following that summer shall be considered an active participant during the three summer months.(2) Applicable Retirement System--The Teacher Retirement System of Texas for employees of Texas public institutions of higher education and the Employees Retirement System of Texas for employees of the Board.(3) Board--The Texas Higher Education Coordinating Board.(4) Break in Service--A period following a participant's termination of all employment with all Texas public institutions of higher education or the Board that is at least one full calendar month in which no ORP contribution is made, excluding the three summer months for faculty members who were participating in ORP at the end of the spring semester immediately preceding the summer and who resume ORP participation with the same or another Texas public institution of higher education in the fall semester immediately following that summer, and excluding periods of leave-without-pay. A transfer between Texas public institutions of higher education with less than a full calendar month in which no ORP contribution is made shall not be considered a break in service.(5) ERS--Employees Retirement System of Texas.(6) Full-time--For purposes of determining initial ORP eligibility, the term "full-time" shall mean employment for the standard full-time workload established by the institution ("100 percent effort").(7) Initial ORP Eligibility Date--The first day of an ORP-eligible employee's 90-day ORP election period. An employee's initial ORP eligibility date shall be the first date that the employee meets all four criteria in §25.4(a) of this title (relating to Eligibility Criteria).(8) Initial ORP Eligibility Period--The period of time an ORP participant must be employed on a full-time basis ("100 percent effort") beginning with the initial ORP eligibility date, as defined in paragraph (7) of this section, and ending after one full semester or four and one-half months.(9) Major Department Requirement--One of the factors used to determine whether a position is ORP-eligible in the "Other Key Administrator" category as defined in §25.4(k) of this title (relating to Eligible Positions). A department or budget entity at a public institution of higher education shall meet this requirement if:(A) the department or budget entity is considered a "major" department by the institution based on the specific organizational size and structure of that institution; and(B) the department or budget entity has its own budget, policies and programs.(10) ORP--Optional Retirement Program.(11) ORP Election Period--The period of time during which ORP-eligible employees have a once-per-lifetime opportunity to elect to participate in ORP in lieu of the applicable retirement system. The ORP election period shall begin on an employee's initial ORP eligibility date, as defined in paragraph (7) of this section, and shall end on the earlier of:(A) the date the employee makes an ORP election by signing the TRS 28 ORP election form (or its successor) or, for employees of the Board, the ORP election form provided by the Board, and submitting the ORP election form to the ORP employer for certification; or(B) the 90th calendar day after the employee's initial ORP eligibility date, not including the initial ORP eligibility date and including the 90th calendar day. If the 90th calendar day after the initial ORP eligibility date falls on a weekend or holiday, the deadline shall be extended until the first business day after the 90th calendar day.(12) ORP Employer--All public institutions of higher education in Texas and the Board.(13) ORP Retiree--An individual who participated in ORP while employed with a Texas public institution of higher education or the Board and who established retiree status by meeting the applicable retiree insurance requirements and enrolling in retiree group insurance provided by ERS, The University of Texas System, or The Texas A&M University System, regardless of whether currently enrolled.(14) Principal Activity Requirement--One of the factors used to determine whether a position is ORP-eligible based on the percent of effort required by the position to be devoted to ORP-eligible duties. The principal activity requirement shall be met if at least 51 percent of the position's duties are devoted to ORP-eligible duties in one of the ORP-eligible categories defined in §25.4(k) of this title (relating to Eligible Positions), with two exceptions:(A) During Initial ORP Eligibility Period. During an employee's initial ORP eligibility period (when the position is required to be 100 percent effort to qualify as ORP-eligible), if the ORP-eligible duties associated with an ORP-eligible category are less than 51 percent of the activities for a particular position, the position shall be considered to meet the principal activity requirement if all of the position's other duties are ORP-eligible duties under one of the other ORP-eligible categories defined in §25.4(k) of this title (relating to Eligible Positions), for a total of 100 percent effort devoted to ORP-eligible duties, as would be the case, for example, for a position with required duties that are 50 percent instruction and/or research (faculty position) and 50 percent department chair (faculty administrator position).(B) After Initial ORP Eligibility Period. For a participant who has completed the initial ORP eligibility period but who has not vested in ORP and who fills a position that is less than 100 percent effort but at least 50 percent effort, then the principal activity requirement shall be considered met if at least 50 percent effort is devoted to applicable ORP-eligible duties in one of the ORP-eligible categories defined in §25.4(k) of this title (relating to Eligible Positions).(15) TRS--Teacher Retirement System of Texas.(16) Vesting Requirement--The minimum amount of ORP participation required to attain vested status. An ORP participant shall be considered vested on the first day of the second year of active participation in lieu of the applicable retirement system, as provided in §25.5(a) of this title (relating to Vesting Requirement). A vested participant shall have ownership rights to the employer contributions in his or her ORP accounts, meaning that, upon termination of employment with all ORP employers or reaching age 70-1/2, he or she may access both the employee and employer contributions (and any net earnings) in his or her accounts. A vested participant shall remain in ORP even if subsequently employed in a position that is not ORP-eligible, as provided in §25.5(f) of this title (relating to Employment in a non-ORP-Eligible Position).</content><note type="source"><p>Source Note: The provisions of this §25.3 adopted to be effective May 23, 2004, 29 TexReg 5079; amended to be effective November 28, 2005, 30 TexReg 7873; amended to be effective August 30, 2016, 41 TexReg 6484.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c25/scA/s25.4"><num value="25.4">§25.4</num><heading>Eligibility to Elect ORP</heading><content>(a) Eligibility Criteria. An employee shall be eligible to make a once-per-lifetime irrevocable election of ORP in lieu of the applicable retirement system if all of the following criteria are met:(1) ORP-eligible Position: Employment in an ORP-eligible position as defined in subsection (k) of this section;(2) 100 Percent Effort: Employment in an ORP-eligible position that is expected to be full-time (i.e., 100 percent effort) for a period of at least one full semester or four and one-half months.(A) Initial Eligibility Period. This eligibility requirement is an employee's initial ORP eligibility period, as defined in §25.3 of this title (relating to Definitions).(B) Combining of Percent Effort at Different Institutions Not Permitted. The 100 percent effort requirement shall be satisfied by employment with only one institution, unless an individual is simultaneously employed in ORP-eligible positions with more than one component institution under the same governing board that operates its ORP either as a single plan for all components or includes the applicable components in the same plan, in which case, the employee's percent effort at each component may be combined to meet the minimum 100 percent effort requirement;(3) First Election Opportunity: No previous opportunity to elect ORP in lieu of the applicable retirement system during the current or a prior period of employment at the same or another Texas public institution of higher education or the Board; and(4) Active Membership in Retirement System: Current membership or eligibility for active membership in the applicable retirement system as provided in subsection (h) of this section.(b) ORP Participation after Election. Once an employee makes an election of ORP, the employee's eligibility to continue participating in ORP shall be determined in accordance with §25.5 of this title (relating to ORP Vesting and Participation).(c) Non-Texas ORP Plans. Prior enrollment, participation or vested status in any plan other than the ORP plan authorized under Texas Government Code, Chapter 830, shall have no bearing on an employee's eligibility to elect ORP, except that the employee must be eligible for active membership in the applicable retirement system as provided in subsection (h) of this section.(d) Separate Elections. An election of ORP in lieu of TRS at a Texas public institution of higher education shall be considered separate and distinct from an election of ORP in lieu of ERS at the Board.(1) An employee's prior election of ORP in lieu of ERS at the Board on or after September 1, 1994, shall have no bearing on that person's eligibility to elect ORP in lieu of TRS at a Texas public institution of higher education.(2) An election of ORP by a Board employee prior to September 1, 1994, was made in lieu of TRS; therefore, an institution shall treat an employee's election of ORP in lieu of TRS at the Board prior to September 1, 1994, in the same manner as if the election had been made at an institution.(3) An employee's prior election of ORP in lieu of TRS at an institution, or an employee's election of ORP in lieu of TRS at the Board prior to September 1, 1994, shall have no bearing on that person's eligibility to elect ORP in lieu of ERS at the Board.(e) Opportunity to Elect.(1) The governing board of each Texas public institution of higher education shall provide an opportunity to all eligible employees in the component institutions governed by the board to elect ORP in lieu of TRS in accordance with these rules. The Board shall provide an opportunity to all eligible employees to elect ORP in lieu of ERS in accordance with these rules.(2) Documentation.(A) ORP employers shall maintain documentation in each ORP-eligible employee's employment record that an opportunity to elect ORP was provided. Such documentation shall indicate the beginning and ending dates of the employee's ORP election period.(B) The documentation required by this paragraph may be maintained in an electronic format in accordance with applicable provisions for such records.(C) This paragraph applies to employees who become eligible to elect ORP on or after September 1, 2006, including employees who are hired for the Fall 2006 semester whose first active duty date is in the month of August 2006.(f) 90-Day ORP Election Period. An employee who meets the eligibility criteria in subsection (a) of this section shall be provided an ORP election period, as defined in §25.3 of this title (relating to Definitions), during which an election to participate in ORP may be made by signing the TRS 28 ORP election form (or its successor) or, for employees of the Board, the ORP election form provided by the Board, and submitting the ORP election form to the ORP employer for certification.(1) Beginning and Ending Dates. The 90-day ORP election period shall begin on the employee's initial ORP eligibility date, as defined in §25.3 of this title (relating to Definitions), and shall end on the earlier of:(A) the date the employee makes an ORP election by signing the TRS 28 ORP election form (or its successor) or, for employees of the Board, the ORP election form provided by the Board, and submitting the ORP election form to the ORP employer for certification; or(B) the 90th calendar day after the employee's initial ORP eligibility date, not including the initial ORP eligibility date and including the 90th calendar day. If the 90th calendar day after the initial ORP eligibility date falls on a weekend or holiday, the deadline shall be extended until the first business day after the 90th calendar day.(2) Written Notification. In accordance with §25.6(h)(2) of this title (relating to ORP Election Period Dates), each ORP employer shall, within 15 business days of an ORP-eligible employee's initial ORP eligibility date, provide written notification to the ORP-eligible employee that indicates the beginning and ending dates of his or her ORP election period and the local procedures for submitting the election form and additional required paperwork.(3) Once-per-Lifetime Irrevocable Election. An employee who is eligible to elect ORP shall have only one opportunity during his or her lifetime, including any future periods of employment in Texas public higher education, to elect ORP in lieu of the applicable retirement system, and the election may never be revoked.(A) Default Election. Failure to elect ORP during the 90-day ORP election period shall be a default election to continue membership in the applicable retirement system.(i) ORP in Lieu of TRS. An employee of a Texas public institution of higher education who does not elect ORP in lieu of TRS during the 90-day ORP election period shall never again be eligible to elect ORP in lieu of TRS, even if subsequently employed in an ORP-eligible position at the same or another Texas public institution of higher education.(ii) ORP in Lieu of ERS. An employee of the Board who does not elect ORP in lieu of ERS during the 90-day ORP election period shall never again be eligible to elect ORP in lieu of ERS, even if subsequently employed in an ORP-eligible position at the Board.(B) Irrevocable. An election of ORP shall be irrevocable. An employee who elects ORP shall remain in ORP, except as provided by §25.5(f) and (h) of this title (relating to ORP Vesting and Participation). A default election of the applicable retirement system, as described in subparagraph (A) of this paragraph shall be irrevocable. An employee who fails to elect ORP during the ORP election period shall remain in the applicable retirement system in accordance with the laws and rules governing eligibility for the retirement system.(C) Separate Elections. As provided in subsection (d) of this section, an election of ORP in lieu of TRS at a Texas public institution of higher education shall be considered separate and distinct from an election of ORP in lieu of ERS at the Board; therefore, an election of ORP in lieu of one retirement system shall not preclude an eligible employee's election of ORP in lieu of the other retirement system if subsequently employed in a position that is eligible to elect ORP in lieu of the other retirement system.(4) Company Selection Required at Election. An employee who elects to participate in ORP shall select an ORP company from the ORP employer's list of authorized companies in conjunction with the election of ORP. An ORP employer shall establish a policy that failure to select an authorized company may result in disciplinary action up to and including termination of employment because retirement contributions are required by law as a condition of employment.(5) Waiver of Retirement System Benefits. An election of ORP shall be a waiver of the employee's rights to any benefits that may have accrued from prior membership in the applicable retirement system, other than benefits resulting from transfers of service credit between the applicable retirement systems and reinstatement of withdrawn service credit under the ERS/TRS service transfer law, even if the participant has met the applicable system's vesting requirement. Except as provided by §25.5(f) and (h) of this title (relating to ORP Vesting and Participation) and the ERS/TRS service transfer law, an ORP participant shall not be eligible to become an active member of the applicable retirement system or receive any benefits from the system other than a return of employee contributions that may have been deposited with the system (and accrued interest, if any).(g) Participation Start Date. The first day that ORP contributions are made shall be determined as follows:(1) Election on Initial ORP Eligibility Date.(A) Employees of Institutions of Higher Education.(i) New Employees. For new employees who sign the TRS 28 ORP election form (or its successor) on or before their initial ORP eligibility date, the participation start date shall be the initial ORP eligibility date (i.e., first day of ORP-eligible employment).(ii) Transfers within Same Institution. For employees who transfer from a non-ORP-eligible position to an ORP-eligible position within the same institution and who sign the TRS 28 ORP election form (or its successor) on or before their initial ORP eligibility date, the participation start date shall be the initial ORP eligibility date (i.e., first day of ORP-eligible employment), unless the initial ORP eligibility date is not the first day of the month, in which case, to avoid dual contributions to both TRS and ORP during the same month, as provided in §25.6(a)(4) of this title (relating to No Dual Contributions), the participation start date shall be the first day of the month following the month in which the initial ORP eligibility date falls.(B) Employees of the Board.(i) New Employees. For new Board employees who sign the ORP election form provided by the Board on or before their initial ORP eligibility date, the participation start date shall be the initial ORP eligibility date (i.e., first day of ORP-eligible employment).(ii) Transfers within the Board. For Board employees who transfer from a non-ORP-eligible position at the Board to an ORP-eligible position at the Board, and who sign the ORP election form provided by the Board on or before their initial ORP eligibility date, the participation start date shall be the initial ORP eligibility date (i.e., first day of ORP-eligible employment), unless the initial ORP eligibility date is not the first day of the month, in which case, to avoid dual contributions to both ERS and ORP during the same month, as provided in §25.6(a)(4) of this title, the participation start date shall be the first day of the month following the month in which the initial ORP eligibility date falls.(2) Election After Initial ORP Eligibility Date. The participation start date for ORP-eligible employees who sign the TRS 28 ORP election form (or its successor) or, for employees of the Board, the ORP election form provided by the Board, after their initial ORP eligibility date, shall be the first day of the month following the date that the form is signed, with the following exceptions:(A) During Month of Initial ORP Eligibility Date. ORP employers may establish a policy that employees who elect ORP by signing the TRS 28 ORP election form (or its successor) or, for employees of the Board, the ORP election form provided by the Board, after their initial ORP eligibility date but before the end of the month in which the initial ORP eligibility date falls may be treated as if they had signed the form on or before their initial ORP eligibility date as provided by paragraph (1) of this subsection, provided the employee earns enough compensation between the date of the election and the end of the month in which the initial ORP eligibility date falls to cover the employee's ORP contribution for the entire month.(B) After Month of Initial ORP Eligibility Date: ORP employers may establish a policy that employees who elect ORP by signing the TRS 28 ORP election form (or its successor) or, for employees of the Board, the ORP election form provided by the Board, after the month in which their initial ORP eligibility date falls, but before the end of the month in which the form is signed, may start participating in the month in which the form is signed rather than the first of the following month, provided the employee earns enough compensation between the date of the election and the end of the month in which the form is signed to cover the employee's ORP contribution for the entire month. To avoid partial month payments, contributions for these participants shall be based on salary earned during the entire month in which the form is signed.(C) Retirement System Membership Before Election. As provided in subsection (i) of this section, ORP-eligible employees who elect ORP after their initial ORP eligibility date, except as provided in subparagraph (A) of this paragraph, shall be reported as members of the applicable retirement system for any months prior to their election of ORP.(h) Active Membership in Retirement System Requirement. Participation in ORP shall be an alternative to active membership in the applicable retirement system.(1) A TRS retiree shall not be eligible to elect ORP in lieu of TRS at a Texas public institution of higher education.(2) An ERS retiree shall not be eligible to elect ORP in lieu of ERS at the Board.(i) Automatic Retirement System Enrollment. A new employee at a Texas public institution of higher education who is eligible to elect ORP in lieu of TRS shall be automatically enrolled in TRS until an election to participate in ORP is made by signing the TRS 28 ORP election form (or its successor) and submitting the TRS 28 to the institution for certification as provided in subsection (g) of this section. A new Board employee who is eligible to elect ORP in lieu of ERS shall be automatically enrolled in ERS until an election to participate in ORP is made by signing the ORP election form provided by the Board and submitting the ORP election form to the Board as provided in subsection (g) of this section.(j) Dual Employment in TRS/ORP Positions at Different Employers.(1) Simultaneous Retirement Plan Membership Not Permitted.(A) Dual Employment with Institution and Non-Higher Education TRS-Covered Employer.(i) Active TRS Membership not Permitted. A member of TRS who is employed in the Texas public school system (including all Texas Independent School Districts and regional educational service centers) or with any other Texas public educational institution or state agency that is covered by TRS but does not offer ORP in lieu of TRS, and who concurrently becomes employed in an ORP-eligible position with a Texas public institution of higher education and elects to participate in ORP, may not remain an active member of TRS as an employee of the non-higher education TRS-covered employer once ORP participation has started at the institution.(ii) No TRS Contributions. Notwithstanding the participant's employment in what would otherwise be considered a TRS-eligible position at a non-higher education TRS-covered employer, TRS contributions may not be made for the participant by that employer while he or she is actively participating in ORP, but shall resume if the employee is required to return to active TRS membership as provided in paragraph (2) of this subsection.(B) Dual Employment with Different Institutions.(i) Active TRS Membership not Permitted. A member of TRS who is employed with a Texas public institution of higher education in a position that is eligible for TRS but is not ORP-eligible and who becomes concurrently employed with another Texas public institution of higher education in a position that is ORP-eligible and who elects to participate in ORP, may not remain an active member of TRS once ORP participation has started.(ii) Retirement Contributions.(I) No TRS Contributions. Notwithstanding the participant's employment in what would otherwise be considered a TRS-eligible position at an institution, TRS contributions may not be made for the participant by that institution while he or she is actively participating in ORP at another institution, but shall resume if the employee is required to return to active TRS membership as provided in paragraph (2) of this subsection.(II) Before Vesting in ORP. An employee who elects ORP at one institution while concurrently employed in what would otherwise be a TRS-eligible position at another institution is not eligible for ORP contributions based on the participant's TRS-only employment prior to the participant vesting in ORP.(III) After Vesting in ORP. Once the participant vests in ORP, the institution employing the participant in a position that would otherwise be eligible for TRS shall enroll him or her in ORP.(2) Returning to TRS.(A) Dual Employment with Institution and Non-Higher Education TRS-Covered Employer.(i) Termination of Employment with Institution. If the individual described in paragraph (1)(A) of this subsection terminates all employment with the institution while concurrently employed in a TRS-eligible position with a non-higher education TRS-covered employer, then, regardless of ORP vesting status, he or she shall return to active TRS membership with the non-higher education TRS-covered employer and shall be ineligible for any future ORP participation in lieu of TRS, even if subsequently employed in an ORP-eligible position with the same or another institution.(ii) Transfer to Non-ORP Eligible Position at Institution. If, prior to meeting the ORP vesting requirement, the individual described in paragraph (1)(A) of this subsection transfers to a position at the institution that is not ORP-eligible but is eligible for TRS, then he or she shall return to active TRS membership with both the institution and the non-higher education TRS-covered employer and shall be ineligible for any future ORP participation in lieu of TRS, even if subsequently employed in an ORP-eligible position with the same or another institution.(iii) Transfer to Non-Benefits-Eligible Position at Institution. In accordance with §25.5(g) of this title (relating to Employment in a Non-Benefits-Eligible Position), an individual described in paragraph (1)(A) of this subsection who transfers to a non-benefits-eligible position at the institution shall not be eligible for ORP contributions and shall not be eligible for active TRS membership. This individual shall remain ineligible for TRS contributions at the non-higher education TRS-covered employer while employed in the non-benefits-eligible position at the institution. If this individual subsequently terminates all employment with the institution, then the provisions in clause (i) of this subparagraph will apply.(B) Dual Employment with Different Institutions.(i) Termination of Employment in ORP-eligible Position Before Vesting. If, prior to satisfying the ORP vesting requirement, the individual described in paragraph (1)(B) of this subsection terminates ORP participation by terminating employment or transferring to a non-ORP-eligible position with the same institution while concurrently employed in a TRS-eligible position with another Texas public institution of higher education, then he or she shall return to active TRS membership and shall be ineligible for any future ORP participation in lieu of TRS, even if subsequently employed in an ORP-eligible position with the same or another institution.(ii) Termination of Employment in ORP-eligible Position After Vesting. If, after satisfying the ORP vesting requirement, the individual described in paragraph (1)(B) of this subsection terminates employment in the ORP-eligible position by terminating employment with the institution or transferring to a non-ORP-eligible position while concurrently employed in a TRS-eligible position with another Texas public institution of higher education, then he or she shall not return to TRS membership and shall continue to make ORP contributions at the other institution based on the employment in the TRS-eligible position (i.e., a benefits-eligible position) as provided in paragraph (1)(B)(ii)(III) of this subsection.(iii) Transfer to Non-Benefits-Eligible Position. In accordance with §25.5(g) of this title, an individual described in paragraph (1)(B) of this subsection who transfers from the ORP-eligible position to a non-benefits-eligible position at the same institution shall not be eligible for ORP contributions at that institution and shall not be eligible for active TRS membership at either institution while employed in the non-benefits-eligible position.(I) Termination Before Vesting in ORP. If this individual terminates employment in the non-benefits-eligible position before satisfying the ORP vesting requirement, then the provisions in clause (i) of this subparagraph for an individual who terminates employment in an ORP-eligible position before vesting in ORP will apply.(II) Termination After Vesting in ORP. If this individual terminates employment in the non-benefits-eligible position after satisfying the ORP vesting requirement, then the provisions in clause (ii) of this subparagraph for an individual who terminates employment in an ORP-eligible position after vesting will apply.(k) Eligible Positions. The following positions shall be considered ORP-eligible. Only those employees who fill ORP-eligible positions and who meet the eligibility requirements established in this chapter shall be eligible to elect ORP or to continue participating in ORP prior to vesting.(1) Faculty Member--A member of the faculty whose duties include teaching and/or research as a principal activity, as defined in §25.3 of this title (relating to Definitions), and who holds the title of professor, associate professor, assistant professor, instructor, lecturer, or equivalent faculty title, including "visiting professor" if the position is at least one full semester in duration.(2) Faculty Administrator--An administrator responsible for teaching and research faculty whose principal activity, as defined in §25.3 of this title (relating to Definitions), is planning, organizing, and directing the activities of faculty and who holds the title of dean, associate dean, assistant dean, director, department chair, or head of academic department.(3) Executive Administrator--An administrator who holds the title of chancellor, deputy chancellor, vice chancellor, associate vice chancellor, assistant vice chancellor, or the equivalent, and an administrator who holds the title of president, executive vice president, provost, vice president, associate vice president, assistant vice president, or the equivalent.(4) Other Key Administrator--An administrator other than a faculty administrator or an executive administrator whose position is considered a key administrative position within the institution's organizational structure and that meets the requirements of this paragraph. The most common position titles in this category are director or associate director, but included titles may vary by institution based on differences in organizational structure, size, mission, etc. All positions in this category, including positions with the title of director or associate director, shall meet the following criteria:(A) serves as director or other administrative head of a major department or budget entity, as defined in §25.3 of this title (relating to Definitions), excluding the title of assistant director unless the assistant director position has responsibility for what is considered a major department or budget entity that is within a larger department or budget entity, as may be the case at large institutions;(B) is responsible for the preparation and administration of the budget, policies, and programs of the major department or budget entity;(C) usually reports to the office of a chancellor, president, vice chancellor, vice president, dean, or equivalent; and(D) is generally and customarily recruited from the same pool of candidates that other colleges and universities across the nation are recruiting from for this type of position by, for example, advertising in national publications such as the Chronicle of Higher Education or in newsletters or websites of national professional associations or at meetings of such associations.(E) A position shall not be considered ORP-eligible under this category unless it can be reasonably demonstrated that all of the applicable criteria have been met. If there is significant ambiguity concerning whether a position meets the criteria for this category, the default finding shall be that the position is not ORP-eligible.(5) Librarian--A professional librarian who holds, at a minimum, a master's degree in library science or information science, and whose principal activity, as defined in §25.3 of this title (relating to Definitions), is library services.(6) Athletic Coach--An athletic coach, associate athletic coach, or assistant athletic coach whose principal activity, as defined in §25.3 of this title (relating to Definitions), is coaching, excluding an athletic trainer, and excluding an athletic director or assistant athletic director unless the principal activity is coaching rather than administrative.(A) Athletic trainers may be included in the "professional" category if the position requires the trainer to be a physician.(B) Athletic directors whose principal activity is not coaching normally shall be included in one of the administrator categories.(7) Professional--An employee whose principal activity, as defined in §25.3 of this title (relating to Definitions), is performing the duties of a professional career position, including, but not necessarily limited to, physician, attorney, engineer, and architect, that meets the following criteria:(A) requires a terminal professional degree in a recognized professional career field that requires occupation-specific knowledge and appropriate professional licensure;(B) is a non-classified position; and(C) is generally and customarily recruited from the same pool of candidates that other colleges and universities across the nation are recruiting from for this type of position by, for example, advertising in national publications such as the Chronicle of Higher Education or in newsletters of national professional associations or at meetings of such associations.(D) A position shall not be considered ORP-eligible under this category unless it can be reasonably demonstrated that all of the applicable criteria have been met. If there is significant ambiguity concerning whether a position meets the criteria for this category, the default finding shall be that the position is not ORP-eligible.(8) Board Administrative Staff--A member of the executive or professional staff of the Board, as determined by the Commissioner of Higher Education, who fills a position with the following requirements:(A) college graduation and prior experience in higher education or experience of such kind and amounts to provide a comparable background; and(B) national mobility requirements similar to those of faculty.(l) Position-Required Qualifications. An employee who meets the qualifications of a "professional" or a "librarian" as defined in subsection (k) of this section shall not be considered eligible to elect ORP as a professional or librarian unless the position requires the professional or librarian qualifications, respectively, as a principal activity. For example, an attorney who fills a position that does not require that the position be filled by an attorney shall not be considered ORP-eligible based solely on the fact that the person is an attorney.(m) Counselors. The eligibility of counselors shall be determined as follows.(1) Faculty. If the institution has established policies that consider and treat counselors in the same manner as faculty in such areas as, for example, employment contracts, oversight, and work schedules, then ORP eligibility for a counselor position shall be determined under the same requirements as a faculty position, except that the principal activity shall be counseling rather than teaching and/or research, and the title shall be counselor rather than the faculty titles listed in that category.(2) Staff. If the institution has established policies that consider and treat counselors in the same manner as staff rather than faculty, in such areas as, for example, employment contracts, oversight, and work schedules, then ORP eligibility for a counselor position shall not be determined under the faculty category. Depending on the duties and required qualifications, a counselor who is considered staff rather than faculty may meet the criteria for one of the non-faculty ORP-eligible positions.(n) Review of Positions for ORP Eligibility.(1) Comprehensive Review. ORP employers shall periodically conduct a comprehensive review of all non-classified positions to ensure that ORP eligibility requirements are being applied fairly and consistently across all departments and divisions.(2) New Position. ORP employers shall analyze newly created non-classified positions for ORP eligibility determination and shall maintain proper documentation of the analysis and determination for future reference.(3) Re-classified Position. ORP employers shall re-classify a position as ORP-eligible if changes in the position's responsibilities or the employer's organizational structure result in a position that meets the ORP-eligibility requirements.(A) Option to Elect ORP. ORP employers shall provide the incumbent in a position that is re-classified as ORP-eligible an opportunity to elect ORP as if newly hired into the position.(B) Initial ORP Eligibility Date. The incumbent's initial ORP eligibility date, as defined by §25.3 of this title (relating to Definitions), shall be the date that the re-classification is effective, unless the re-classification is retro-active to a prior month, in which case, the initial ORP eligibility date shall be the date that the employee is notified of the re-classification.(o) Administrative Errors.(1) Orientation Procedures. Each ORP employer shall develop and implement effective orientation and enrollment procedures to ensure appropriate and timely processing of newly eligible employees' retirement plan choices, including procedures for both new employees and current employees who transfer to an ORP-eligible position.(2) Rectification. In the event an administrative error occurs which prevents the normal processing of an ORP-eligible employee's election, the ORP employer shall rectify the error as soon as practicable and in a manner that results in a situation that is as close to the originally expected outcome as possible, within applicable federal statutes, laws, and regulations, including IRS correction procedures, and state statutes, laws, and rules.(3) Documentation and Prevention. When an administrative error occurs, the ORP employer shall:(A) maintain documentation of the error and the actions taken by the ORP employer to address the problem, with a copy placed in the employee's file; and(B) immediately develop and implement appropriate administrative procedures to avoid such errors in the future.(4) Failure to Notify Error. If an ORP employer fails to notify an ORP-eligible employee of his or her eligible status on or before the employee's initial ORP eligibility date, the ORP employer shall notify the eligible employee as soon as the oversight is discovered.(A) An employee who becomes eligible to participate in ORP and is notified by the ORP employer of the opportunity to participate in the program after the first day and before the 91st day after the date the employee becomes eligible must elect to participate in the program before the later of:(i) the 91st day after the date the employee becomes eligible; or(ii) the 31st day after the date the employee receives notice of the opportunity to participate in the program.(B) An employee who becomes eligible to participate in ORP and is notified by the ORP employer of the opportunity to participate in the program on or after the 91st day after the date the employee becomes eligible must be notified by the employer before the 151st day after the date the employee becomes eligible. The employee must elect to participate in the program before the later of:(i) the 151st day after the date the employee becomes eligible; or(ii) the 31st day after the date the employee receives notice of the opportunity to participate in the program.(C) The participation start date shall be determined in accordance with subsection (g) of this section.(p) Texas Commissioner of Education.(1) ORP Eligibility. Notwithstanding other provisions in this chapter, the Texas Commissioner of Education shall be eligible to elect ORP in lieu of ERS.(2) Employment in Higher Education. Notwithstanding other provisions in this chapter, a Texas public institution of higher education shall, for the purpose of determining ORP eligibility for a former Texas Commissioner of Education who is subsequently employed by the institution, treat an election of ORP in lieu of ERS made by the Texas Commissioner of Education at the Texas Education Agency in the same manner as if the election of ORP had been made in lieu of TRS at another Texas public institution of higher education.</content><note type="source"><p>Source Note: The provisions of this §25.4 adopted to be effective May 23, 2004, 29 TexReg 5079; amended to be effective November 28, 2005, 30 TexReg 7873; amended to be effective August 30, 2016, 41 TexReg 6484; amended to be effective November 29, 2017, 42 TexReg 6627.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c25/scA/s25.5"><num value="25.5">§25.5</num><heading>ORP Vesting and Participation</heading><content>(a) Vesting Requirement. An ORP participant at a Texas public institution of higher education shall be considered vested in ORP on the first day of the second year of active participation, as defined in §25.3 of this title (relating to Definitions), in ORP in lieu of TRS at one or more Texas public institutions of higher education. An ORP participant at the Board shall be considered vested in ORP on the first day of the second year of active participation, as defined in §25.3 of this title (relating to Definitions), in ORP in lieu of ERS at the Board.(1) Year Defined. For purposes of this subsection, a year shall mean twelve cumulative, but not necessarily consecutive, months of ORP participation.(2) Leave-without-Pay. A full calendar month of leave without pay shall not be included in the calculation of a year for vesting purposes.(3) Summer Credit. Because a year for academic faculty members does not normally include the three summer months, an academic faculty member shall be credited the three summer months toward vesting in ORP provided the faculty member is participating in ORP at the end of the spring semester immediately preceding the summer and resumes participation in an ORP-eligible position at the same or another Texas public institution of higher education at the beginning of the fall semester immediately following the same summer.(4) More than One Period of Employment. As provided in subsection (c) of this section, partial vesting credit shall be retained when there is a break in participation prior to satisfying the vesting requirement. Therefore, the vesting requirement may be satisfied during more than one period of participation. For example, a new faculty member who terminated employment after six months of active participation, and subsequently returns to ORP-eligible employment at the same or another public Texas institution of higher education, with no intervening active service as a TRS member, shall only have to participate for an additional six months to meet the definition of "year" for vesting purposes.(5) Non-Texas ORP Plan. The vesting requirement may not be satisfied by prior enrollment, participation or vested status in any plan other than the ORP plan authorized under Texas Government Code, Chapter 830.(6) Separate Vesting. Because the election of ORP in lieu of TRS at a Texas public institution of higher education and the election of ORP in lieu of ERS at the Board shall be considered separate and distinct elections, the vesting requirement for ORP in lieu of TRS may not be satisfied by previous participation or vested status in ORP in lieu of ERS at the Board. The vesting requirement for ORP in lieu of ERS at the Board may not be satisfied by previous participation or vested status in ORP in lieu of TRS at a Texas public institution of higher education.(b) Once Vested, Always Vested.(1) Only One Vesting Period. An ORP participant who satisfies the vesting requirement for ORP in lieu of TRS shall not be required to satisfy the vesting requirement again by any Texas public institution of higher education. An ORP participant who satisfies the vesting requirement for ORP in lieu of ERS shall not be required to satisfy the vesting requirement again by the Board.(2) Withdrawal of ORP Funds has No Effect. A reemployed ORP participant's vested status shall not be affected by any partial or total withdrawals of ORP funds made after termination from a prior period of employment.(c) Partial Vesting Credit Retained. Unvested ORP participants shall retain partial vesting credit in the following circumstances.(1) Termination of Employment. An ORP participant who terminates employment in all Texas public institutions of higher education prior to satisfying the vesting requirement shall, upon returning to ORP-eligible employment with the same or a different Texas public institution of higher education, retain credit for previous ORP participation in lieu of TRS. An ORP participant who terminates employment with the Board prior to satisfying the vesting requirement shall, upon returning to ORP-eligible employment with the Board, retain credit for previous ORP participation in lieu of ERS.(2) Leave-Without-Pay. An ORP participant who goes on leave without pay for a full calendar month or more prior to satisfying the vesting requirement shall, upon resuming active ORP participation with the same or a different Texas public institution of higher education, retain credit for previous ORP participation in lieu of TRS. An ORP participant at the Board who goes on leave without pay for a full calendar month or more prior to satisfying the vesting requirement shall, upon resuming active ORP participation with the Board, retain credit for previous ORP participation in lieu of ERS.(3) Direct Transfers. An ORP participant who, prior to satisfying the vesting requirement, directly transfers from one ORP-eligible position to another at the same or a different Texas public institution of higher education, shall retain credit for previous ORP participation in lieu of TRS. An ORP participant who, prior to satisfying the vesting requirement, directly transfers from one ORP-eligible position to another at the Board, shall retain credit for previous ORP participation in lieu of ERS.(4) An ORP participant's partial vesting credit shall not be affected by any partial or total withdrawals of ORP employee contributions made after termination of employment.(d) Benefits of Vested Status.(1) A vested ORP participant shall have ownership rights to the employer contributions in his or her ORP accounts, meaning that, upon termination of employment with all ORP employers or reaching age 70-1/2, he or she may access both the employee and employer contributions (and any net earnings) in his or her ORP accounts.(2) A vested ORP participant shall remain in ORP even if subsequently employed in a position that is not ORP-eligible, as provided in subsection (f) of this section.(e) Unvested ORP Employer Contributions Forfeited. An ORP participant who terminates employment prior to meeting the vesting requirement shall forfeit all ORP employer contributions made during that period of employment in accordance with §25.6(a)(11) of this title (relating to Forfeited ORP Employer Contributions). Except as provided in §25.6(a)(11)(F) of this title (relating to Resumption of Participation within 93 Days), forfeited funds shall not be recoverable, even if the participant later satisfies the vesting requirement in a subsequent period of ORP-eligible employment. Such a participant shall be considered vested only in ORP employer contributions made during the subsequent and any future employment periods.(f) Employment in a non-ORP-Eligible Position. An ORP participant who terminates employment in an ORP-eligible position and becomes employed in a position that is not eligible for ORP, but is eligible for the applicable retirement system, shall remain in ORP or become a member of the applicable retirement system in accordance with the following provisions.(1) Not Vested in ORP. An ORP participant who terminates employment in an ORP-eligible position prior to satisfying the ORP vesting requirement and who becomes employed in a position that is not eligible for ORP, but is eligible for the applicable retirement system, shall become a member of the applicable retirement system, and shall thereafter be ineligible to participate in ORP in lieu of the applicable retirement system, even if subsequently employed in an ORP-eligible position and/or if membership in the applicable retirement system is canceled through a withdrawal of employee contributions.(A) ORP in Lieu of TRS. An ORP participant who elected ORP in lieu of TRS at a Texas public institution of higher education, who has not satisfied the ORP vesting requirement, who terminates employment in an ORP-eligible position, and who becomes employed with the same or another Texas public institution of higher education in a position that is not eligible for ORP, but is eligible for TRS, shall become a member of TRS for the remainder of his or her employment with any Texas public institution of higher education. This individual shall never be eligible to participate in ORP in lieu of TRS again, even if subsequently employed in an ORP-eligible position at the same or another Texas public institution of higher education and/or if the individual cancels his or her TRS membership by withdrawal of employee contributions.(B) ORP in Lieu of ERS. An ORP participant who elected ORP in lieu of ERS at the Board, who has not satisfied the ORP vesting requirement, and who becomes employed with the Board in a position that is not eligible for ORP, but is eligible for ERS, shall become a member of ERS for the remainder of his or her employment with the Board. This individual shall never be eligible to participate in ORP in lieu of ERS again, even if subsequently employed in an ORP-eligible position at the Board and/or if the individual cancels his or her ERS membership by withdrawal of employee contributions.(2) Vested in ORP. An ORP participant who terminates employment in an ORP-eligible position after satisfying the ORP vesting requirement and who becomes employed in a position that is not eligible for ORP but is eligible for the applicable retirement system, shall remain in ORP unless he or she became an active member of the applicable retirement system during a break in service prior to employment in the non-ORP-eligible position, in which case, he or she shall never be eligible for ORP in lieu of the applicable retirement system again, even if subsequently employed in an ORP-eligible position and/or if membership in the applicable retirement system was canceled through a withdrawal of employee contributions.(A) ORP in Lieu of TRS. An ORP participant who has vested in ORP in lieu of TRS, who terminates employment in an ORP-eligible position, and who subsequently becomes employed with any Texas public institution of higher education in a position that is not ORP-eligible, but is TRS-eligible, shall continue to participate in ORP and shall not be eligible for TRS membership, unless he or she terminates employment with all Texas public institutions of higher education and becomes employed in a TRS-eligible position with the Texas public school system (e.g., Independent School Districts, regional educational service centers) or any other Texas public educational institution or agency that is covered by TRS but does not offer ORP in lieu of TRS, which will require the participant to become a member of TRS. Such an individual (i.e., one who has had active TRS membership since terminating ORP participation), upon becoming subsequently reemployed with any Texas public institution of higher education:(i) shall not resume participation in ORP; and(ii) shall not thereafter be eligible to participate in ORP in lieu of TRS ever again, regardless of the individual's previous ORP vested status, employment in an ORP-eligible position, or if the individual's TRS membership was canceled by withdrawal of employee contributions following termination of employment from the TRS-covered position.(B) ORP in Lieu of ERS. An ORP participant who has vested in ORP in lieu of ERS at the Board, who terminates employment in an ORP-eligible position with the Board, and who subsequently becomes employed with the Board in a position that is not ORP-eligible, but is ERS-eligible, shall, nevertheless, continue to participate in ORP and shall not be eligible for ERS membership, unless he or she terminates employment with the Board and becomes employed in an ERS-eligible position with a Texas state agency that does not offer ORP in lieu of ERS, which will require the participant to become a member of ERS. Such an individual (i.e., one who has had active ERS membership since terminating ORP participation), upon becoming subsequently reemployed with the Board:(i) shall not resume participation in ORP; and(ii) shall not be eligible to participate in ORP in lieu of ERS ever again, regardless of the individual's previous ORP vested status, employment in an ORP-eligible position, or if the individual's ERS membership was canceled by withdrawal of employee contributions following termination of employment from the ERS-covered position.(g) Employment in a Non-Benefits-Eligible Position.(1) An employee who elected ORP in lieu of TRS and who terminates employment in the ORP-eligible position and becomes employed with the same or another Texas public institution of higher education in a non-benefits-eligible position shall not be eligible to participate in ORP (i.e., have contributions sent to the ORP company) for the period of time while employed in the non-benefits-eligible position.(2) An employee who is participating in ORP at one institution of higher education and who simultaneously becomes employed at another institution in a non-benefits-eligible position is not eligible to participate in ORP at the institution in which he or she is employed in a non-benefits-eligible position.(3) Definition. For purposes of this subsection, a non-benefits-eligible position shall be defined as a position that is one or more of the following:(A) less than 50 percent effort;(B) temporary, as defined by TRS for employees of Texas public institutions of higher education; or(C) requires student status as a condition of employment.(4) Combining of Percent Effort at Different Institutions Not Permitted. When calculating an employee's percent effort to determine whether a position is non-benefits-eligible as provided in paragraph (3) of this subsection, an institution shall include only the individual's employment with that institution. For example, an individual who is simultaneously employed at 25 percent effort with Institution A and at 50 percent effort with Institution B shall not be eligible to participate in ORP at Institution A even though he or she may already be participating at Institution B based on a minimum 50 percent effort at Institution B. An exception may be made for an individual who is simultaneously employed with more than one component institution under the same governing board that operates its ORP either as a single plan for all components or includes the applicable components in the same plan. In this case, the employee's percent effort at each component may be combined to meet the minimum 50 percent effort requirement.(5) Regardless of Vested Status. An employee shall not be eligible to participate in ORP while employed in a non-benefits-eligible position regardless of his or her ORP vested status.(6) No Effect on ORP Eligibility. Because a non-benefits-eligible position is not eligible for TRS, employment in a non-benefits-eligible position normally shall have no effect on an employee's ORP eligibility status upon his or her subsequent return to a benefits-eligible position, regardless of vested status.(7) Alternate Plan at Certain Community Colleges. Participation in an alternate retirement plan for part-time employees who are not eligible for TRS at a community college that has opted out of the federal social security program shall have no effect on a person's ORP eligibility status upon his or her subsequent return to a benefits-eligible position.(h) Retirement System Membership after ORP Vesting. A vested ORP participant shall not be eligible for active membership in the applicable retirement system unless he or she terminates all employment with the ORP employer and becomes employed in a position that is eligible for the applicable retirement system with an employer that does not offer ORP.(1) ORP in Lieu of TRS. A vested ORP participant who elected ORP in lieu of TRS shall not be thereafter eligible for TRS membership, unless he or she terminates employment with all Texas public institutions of higher education and becomes employed in a TRS-eligible position with the Texas public school system (e.g., Independent School Districts, regional educational service centers) or any other Texas public educational institution or agency that is covered by TRS but does not offer ORP in lieu of TRS, which will require the participant to become a member of TRS. Such an individual (i.e., one who has had active TRS membership since terminating ORP participation), upon becoming subsequently reemployed with any Texas public institution of higher education:(A) shall not resume participation in ORP; and(B) shall not thereafter be eligible to participate in ORP in lieu of TRS ever again, regardless of the individual's previous ORP vested status, employment in an ORP-eligible position, or if the individual's TRS membership was canceled by withdrawal of employee contributions following termination of employment from the TRS-covered position.(2) ORP in Lieu of ERS. A vested ORP participant who elected ORP in lieu of ERS shall not thereafter be eligible for ERS membership, unless he or she terminates employment with the Board and becomes employed in an ERS-eligible position with a Texas state agency that does not offer ORP in lieu of ERS, which will require the participant to become a member of ERS. Such an individual (i.e., one who has had active ERS membership since terminating ORP participation), upon becoming subsequently reemployed with the Board:(A) shall not resume participation in ORP; and(B) shall not be eligible to participate in ORP in lieu of ERS ever again, regardless of the individual's previous ORP vested status, employment in an ORP-eligible position, or if the individual's ERS membership was canceled by withdrawal of employee contributions following termination of employment from the ERS-covered position.(i) ORP Retirees Not Eligible to Participate. ORP retirees, as defined in §25.3 of this title (relating to Definitions), who later return to employment with the same or another Texas public institution of higher education or with the Board in what would otherwise be considered a benefits-eligible position shall not be eligible to participate in ORP, with the following exceptions:(1) ORP retirees who enrolled in retiree group insurance on or before June 1, 1997;(2) employees who elected ORP in lieu of ERS at the Board and who, after terminating employment with the Board and enrolling in retiree group insurance as an ORP retiree from the Board, subsequently become employed in an ORP-eligible position at a Texas public institution of higher education;(3) employees who elected ORP in lieu of TRS at a Texas public institution of higher education and who, after terminating employment with all Texas public institutions of higher education and enrolling in retiree group insurance as an ORP retiree from a Texas public institution of higher education, subsequently become employed in an ORP-eligible position at the Board; and(4) ORP retirees who enroll in retiree group insurance as part of a phased retirement program.(A) Definition. For the purposes of this subsection, a phased retirement program shall be a locally designed option that is offered by a limited number of institutions as a means of transitioning active employees to retired status through a contractual agreement that requires the employee to meet certain milestones during the contractual period, which is typically one or two years, such as a reduction in percentage of effort and/or enrollment in retiree group insurance prior to termination of employment. At the end of the contractual period, the employee is considered to be in a retired status for all purposes.(B) Exemption. ORP participants who are covered by a phased retirement program agreement shall remain eligible for ORP contributions during the contractual period as long as they maintain at least 50 percent effort, even after they are required to enroll in retiree group insurance as an ORP retiree. Once the contractual period has expired, the participant shall no longer be exempt from the provisions of this subsection.(5) ORP retirees who meet the exceptions described in paragraphs (1) through (4) of this subsection shall not be considered eligible to participate in ORP or to elect ORP in lieu of the retirement system from which they did not retire unless they meet the same eligibility criteria as employees who have not established ORP retiree status.(j) Termination of Participation. An employee shall terminate participation in ORP only upon death, retirement (including disability retirement), or termination of employment with all Texas public institutions of higher education (if the election of ORP was in lieu of TRS) or termination of employment with the Board (if the election of ORP was in lieu of ERS).(1) Employment Transfer is not a Termination. A participant's transfer of employment between Texas public institutions of higher education without a break in service, as defined in §25.3 of this title (relating to Definitions), shall not be considered a termination of employment for ORP purposes, unless the new position is non-benefits-eligible, as defined in subsection (g) of this section.(2) Transfer of Funds is not a Termination. A transfer of ORP funds between ORP accounts or ORP companies (contract exchange) shall not be considered a termination of employment for ORP purposes.</content><note type="source"><p>Source Note: The provisions of this §25.5 adopted to be effective May 23, 2004, 29 TexReg 5079; amended to be effective November 28, 2005, 30 TexReg 7873; amended to be effective August 30, 2016, 41 TexReg 6484.</p></note></section><section identifier="/us/state/tx/tac/t19/p1/c25/scA/s25.6"><num value="25.6">§25.6</num><heading>Uniform Administration of ORP</heading><content>(a) Contributions.(1) Tax-Deferred. All ORP contributions shall be made on a tax-deferred basis.(2) IRS Limits on Defined Contributions. Contributions to a participant's ORP account shall not exceed the maximum amount allowed under §415(c) of the Internal Revenue Code of 1986, as amended.(A) 415(m) Plan. Institutions are authorized by the ORP statute to establish a plan authorized under §415(m) of the Internal Revenue Code of 1986, as amended, for a participant's ORP contributions that exceed the 415(c) limit.(B) Stopping ORP Contributions. In the absence of a 415(m) plan, an ORP employer shall discontinue ORP contributions for participants who reach the 415(c) limit for the remainder of the applicable tax year.(C) Interaction with TSA/TDA Program. An employee's contributions under the voluntary supplemental Tax-Sheltered Annuity/Tax-Deferred Account Program shall be included in the 415(c) limit.(3) No Co-Mingling of ORP and non-ORP Funds.(A) No Non-Texas ORP Funds. No non-Texas ORP funds, including any withdrawn TRS member contributions, may be rolled over or transferred to an ORP account prior to the participant's termination of ORP participation.(B) No TSA/TDA Funds. Amounts that have been contributed by the participant through the Tax-Sheltered Annuity/Tax-Deferred Account Program may not be rolled over or transferred to an ORP account prior to the participant's termination of ORP participation.(C) Texas ORP Contract Required. ORP contributions may only be made to a contract that is authorized by the participant's current ORP employer for Texas ORP contributions, even if the participant already has a contract with a company from a prior period of employment with another employer, whether a Texas ORP employer or not.(4) No Dual Contributions. A contribution to the applicable retirement system and to an ORP company within the same calendar month shall not be permitted, except when a person terminates employment in a position covered by the applicable retirement system and, prior to the end of the calendar month in which the termination occurs, becomes employed in an ORP-eligible position at a different ORP employer and elects to participate in ORP by signing and submitting the TRS 28 ORP election form (or its successor) or, for employees of the Board, the ORP election form provided by the Board, on a date that results in an ORP participation start date that is prior to the end of that same calendar month, as provided in §25.4(g) of this title (relating to Participation Start Date).(5) Eligible Compensation.(A) Definition. For purposes of determining the amount of a participant's ORP contribution, institutions shall use the same definition of eligible compensation that is used for TRS members in §821.001 of the Texas Government Code.(B) IRS Limits. The maximum amount of salary that can be taken into account for ORP purposes shall not exceed the limits established by §401(a)(17) of the Internal Revenue Code of 1986, as amended. An individual who first participated in ORP prior to September 1, 1996, regardless of a subsequent break in service, shall qualify for the "grandfathered" rate established by IRC §401(a)(17).(C) Stopping ORP Contributions. An ORP employer shall discontinue ORP contributions for participants who reach the 401(a)(17) limit for the remainder of the applicable tax year.(6) Contribution Rates. The amount of each participant's ORP contribution shall be a percentage of the participant's eligible compensation as established by the ORP statute and the General Appropriations Act for each biennium. Each contribution shall include an amount based on the employee rate and an amount based on the employer rate.(A) Employee Rate. The employee contribution rate shall neither exceed nor be less than the rate established in the ORP statute for employee contributions.(B) Employer Rate. The employer contribution rate shall consist of a state base rate (minimum), as established each biennium in the General Appropriations Act, and an optional supplemental rate, as provided in subparagraph (C) of this subsection.(C) Supplemental Employer Rate. Institutions may provide a supplement to the state base rate under the following conditions:(i) Amount of Supplemental Rate. The supplemental rate may be any amount that, when added to the state base rate, does not exceed the maximum employer rate established in the ORP statute. For example, if the state base rate is 6 percent and the maximum statutory rate is 8.5 percent, then the supplement may be any amount up to and including 2.5 percent.(ii) Component Institution Policies. Governing boards may establish a supplemental rate policy that covers all component institutions or may establish different policies for one or more individual components.(iii) Annual Determination. The governing board of each institution shall determine the amount of the supplement once per year, to be effective for the entire year.(iv) Method 1--All Participants. Institutions may provide the same supplemental rate to all ORP participants, regardless of the participant's first date to participate in ORP or a break in service. If this method is selected, each ORP participant shall receive the same supplemental rate as every other participant.(v) Method 2--Two Groups. Institutions may, instead of providing the same supplemental rate to all participants, provide two different supplemental rates based on a participant's first date to participate in ORP, as follows.(I) Grandfathered. Each participant whose first date to participate in ORP in lieu of the applicable retirement system at any ORP employer, is prior to September 1, 1995, shall receive the same supplemental rate as other participants in this group, regardless of any break in service. This group of participants shall be referred to as the grandfathered group.(II) Non-Grandfathered. Each participant whose first date to participate in ORP in lieu of the applicable retirement system at any ORP employer is on or after September 1, 1995, shall receive the same supplemental rate as other participants in this group, regardless of any break in service. This group of participants shall be referred to as the non-grandfathered group.(vi) All ORP employers shall maintain documentation of a participant's first date to participate in ORP in lieu of the applicable retirement system at any ORP employer and shall provide that information to any future ORP employers of the participant for purposes of determining the participant's grandfather status. This information shall be maintained for as long as the employer's plan exists regardless of whether the ORP employer provides a supplemental employer rate contribution and regardless of the amount of any supplemental employer rate contribution provided.(7) Proportionality. ORP employers shall pay ORP employer contributions from the appropriate funding source in accordance with applicable proportionality provisions, including provisions in the General Appropriations Act and §830.201 of the Texas Government Code.(8) Three-Day Submission Deadline. ORP employers shall send ORP contributions to the ORP company within three business days of legal availability, except for contributions made on a supplemental payroll or contributions that are sent to a grandfathered company with less than 50 participants.(A) Legal Availability. Contributions shall generally be considered legally available on payday. For ORP employers that normally pay participants on a twice-monthly basis, the three-day minimum shall apply to each payday in the month.(B) Grandfathered Company. For purposes of this paragraph, a grandfathered company shall be a company that is no longer on a particular ORP employer's list of authorized ORP companies, but that continues to receive ORP contributions for certain participants as authorized by that ORP employer.(C) Exception Deadline. Contributions that are excepted from the three-day submission deadline shall be sent to the company as soon as practicable, but not later than 10 business days after they are legally available.(9) Electronic Funds Transfer (EFT).(A) Requirement. ORP employers shall send all ORP contributions, including contributions based on a supplemental payroll and contributions sent to a grandfathered company as defined in paragraph (8) of this subsection, to each ORP company by electronic funds transfer (EFT) if the ORP employer is currently able to send funds by EFT and the company is currently able to receive funds by EFT.(B) Inability to Receive. If a company is unable to receive funds by EFT, the ORP employer shall send contributions to the ORP company by check and provide the following notifications.(i) Certification. The ORP employer shall certify to the Board, on the ORP employer's annual ORP report as required by subsection (g) of this section, that the company is unable to receive funds by EFT.(ii) Participant Notification. At least once per fiscal year, the ORP employer shall provide notice to each participant indicating which ORP companies are unable to receive funds by EFT.(10) Same-Day Credit. ORP companies shall deposit each participant's ORP contributions into the accounts and/or funds designated by the participant effective on the same business day that the contributions are received by the company if the funds are received before the close of business and on the next business day if the funds are received after the close of business. A company that does not comply with this provision shall not be eligible to be authorized as an ORP company by any ORP employer.(11) Forfeited ORP Employer Contributions. If a participant forfeits ORP employer contributions under §25.5(a) of this title (relating to Vesting Requirement), the ORP employer shall return the forfeited contributions to the originating fund in accordance with the following procedures.(A) 93-Day Deadline for Request. Not later than 93 calendar days after the last day of the calendar month in which an unvested participant terminates all employment with all ORP employers, the ORP employer shall send a request to the ORP company or companies for a return of the ORP employer contributions that were sent to the company or companies for that participant during that period of employment. This request may be referred to as a vesting letter because it indicates that the participant has not met the vesting requirement.(i) 93 Days is Outside Limit. An ORP employer may send the request for forfeited ORP employer contributions immediately upon a participant's termination if the ORP employer has knowledge that the participant has not become employed and is not anticipating becoming employed in a position that is eligible for ORP in lieu of the same retirement system at the same or another ORP employer within the 93-day period.(ii) If Deadline is Missed. If the ORP employer fails to request the forfeited amounts within the 93-day deadline, then the ORP employer shall make the request immediately upon discovering the oversight, even if the participant later resumes participation after the 93-day deadline as described in subparagraph (B) of this paragraph.(B) If Participant Returns After 93 Days. If an unvested participant returns to employment that is eligible for ORP in lieu of the same retirement system at the same or another ORP employer and resumes active participation on a date that is more than 93 calendar days after the last day of the calendar month in which he or she previously terminated participation, the participant's unvested ORP employer contributions from the prior period of employment shall still be forfeited, even if the participant subsequently satisfies the vesting requirement.(C) Forfeited Amount. The forfeited amount shall be the actual amount of ORP employer contributions sent to the participant's ORP accounts during his or her current period of employment.(i) Excess Amounts not Included. The forfeited amount shall not include any amounts in the participant's ORP account in excess of the actual ORP employer contributions that are attributable to net earnings.(ii) If Account is Less than Actual Amount. The entire amount of actual ORP employer contributions shall be returned even if the account balance is less than the amount of the actual ORP employer contributions because of investment loss, transfer, or other occurrence or transaction.(I) Company's Responsibility. The ORP company shall be responsible for making arrangements to cover any loss of unvested ORP employer contributions, so that the entire amount of actual ORP employer contributions is returned to the ORP employer upon request.(II) Certification. Before an ORP employer may authorize a company to receive ORP contributions from unvested participants, as provided in subsection (c) of this section, the ORP employer shall require the company to certify that the entire amount of actual unvested ORP employer contributions will be returned upon request. The ORP employer may require the company to indicate what method will be used, for example, restriction of unvested funds to money market or similar accounts.(D) Company Response Deadline. Within 30 days of receiving the ORP employer's request for a return of unvested ORP employer contributions, the ORP company shall:(i) process a reimbursement to the ORP employer; and(ii) send notification of the transaction to the employee indicating the reason for the reduction in the account balance.(E) Deposit into Originating Fund. The ORP employer shall deposit the reimbursed ORP employer contributions into the originating fund or funds in accordance with instructions from the Texas Comptroller of Public Accounts and any other applicable policies and procedures.(F) Resumption of Participation within 93 Days.(i) If unvested ORP employer contributions are returned to the originating fund when the participant did, in fact, resume ORP participation in lieu of the same retirement system at the same or another ORP employer within 93 calendar days of the last day of the calendar month in which the termination of participation occurred, the ORP employer that requested the reimbursement shall, immediately upon being notified of the employee's resumption of participation, return the reimbursed amount to the ORP company for re-deposit into the participant's account.(ii) The ORP employer with which the participant resumes participation, if not the ORP employer that requested the reimbursement, shall notify the ORP employer that requested the reimbursement of the participant's status as soon as practicable after the participant resumes participation.(iii) The entire amount of actual ORP employer contributions that were returned to the originating fund under the provisions in this paragraph shall be sent back to the company. There shall be no allowance for any earnings or losses on the ORP employer contributions that may have accrued during the time that the amounts were not in the participant's account.(b) Withdrawal of Retirement System Funds. An employee who elects to participate in ORP may withdraw any member contributions (plus accrued interest, if any) that he or she may have accumulated in the applicable retirement system prior to the election of ORP. Withdrawn member contributions shall not be rolled over into the participant's ORP account prior to termination of ORP participation.(c) ORP Companies.(1) Authorized by Each ORP Employer. Each ORP employer shall establish its own list of companies that are authorized to provide ORP products to that employer's ORP participants. Governing boards with more than one component institution may establish one list for all components or separate lists for one or more component institutions.(2) Qualified Companies. Companies authorized by an ORP employer shall be qualified to do business in the state of Texas as determined by the Texas Department of Insurance, the Texas State Securities Board, and any other applicable state or federal agency.(3) Minimum Number of Companies.(A) Minimum of Four. Each ORP employer shall authorize a minimum of four qualified companies, including at least one company that offers 403(b)(1) annuity accounts and at least one company that offers 403(b)(7) custodial accounts.(B) Variety of Choices. Each ORP employer's list of authorized companies and products shall provide a reasonable variety of choices among types of accounts and funds.(C) No Maximum Number. Each ORP employer may authorize as many ORP companies as the ORP employer deems appropriate.(4) Return of Unvested Employer Contributions. Before an ORP employer may authorize a company to receive ORP contributions from unvested participants, the ORP employer shall require the company to certify that the entire amount of actual unvested ORP employer contributions will be returned upon request, in accordance with the procedures in paragraph (a)(11) of this section. The ORP employer may require the company to indicate what method will be used, for example, restriction of unvested funds to money market or similar accounts.(5) Authorization Policies and Procedures. Each ORP employer shall be responsible for establishing local policies and procedures for authorizing or certifying companies to provide ORP products to the ORP employer's ORP participants. Governing boards with more than one component institution may establish one policy for all components or separate policies for one or more component institutions.(A) Consultants. ORP employers may enlist the assistance of consultants or other outside parties to develop selection criteria.(B) Objective Selection Process. ORP employers may utilize an objective process to review the quality of ORP products and services and select ORP companies and products using pre-determined standards either in a competitive selection process or in a minimum criteria process. Standards may include performance relative to peer products in the same asset class, costs and fees paid by the participant to participate in the investment products, financial stability of the company, company ratings, and service to participants, including type of service delivery model, company financial counseling, and other services for participating employees. ORP employers may establish additional standards that must be met by ORP companies to remain on the ORP employer's list of authorized companies, such as minimum participation standards.(C) Participant Requests. ORP employers shall not be required to authorize any ORP company, company representative, or product requested by any participant, although ORP employers may take such requests into account if it may be done in accordance with applicable laws, rules and policies.(D) Periodic Review of Policies. Each ORP employer shall periodically review and update its authorization or certification policies and procedures.(E) Periodic Re-Authorization. Each ORP employer shall periodically re-authorize or re-certify companies.(6) Participant's Change of Companies.(A) Two Opportunities per Year. Each ORP employer shall provide ORP participants with at least two opportunities during each fiscal year to select a different company from the ORP employer's list of authorized companies. The opportunities may be provided on set dates during the year or on a flexible individualized basis.(B) Two Changes per Year. Each ORP employer shall allow a participant to change his or her company selection on either or both of the opportunities provided by the ORP employer under subparagraph (A) of this paragraph.(C) Effective within 35 Days. The ORP employer shall start sending the participant's ORP contributions to his or her newly selected company beginning with the next payroll period if practicable, but not later than 35 days after the date the participant signs and submits the appropriate forms to the ORP employer.(i) Problems. If the ORP employer cannot comply with this deadline due to circumstances beyond the ORP employer's control, the ORP employer shall notify the participant of the problem and shall provide the participant with an opportunity to change his or her company selection.(ii) Additional Change. A participant's change of companies made in accordance with clause (i) of this subparagraph shall not be counted against the number of changes required under subparagraph (B) of this paragraph.(D) Prior Contributions. Amounts contributed by the participant to previously selected ORP companies, including ORP contributions made during prior periods of employment with the same or another ORP employer, shall be under the same statutory distribution restrictions as the contributions in the participant's account with his or her newly selected ORP company.(E) Transfers of Prior Contributions.(i) Each ORP employer shall include a provision in the employer's ORP plan that permits participants to execute a contract exchange to transfer ORP funds that were contributed during the current or prior periods of employment with the ORP employer to another ORP company that is authorized by the employer to receive the funds. A contract exchange shall not be counted against the number of changes required under subparagraph (B) of this paragraph.(ii) Each ORP employer may include provisions in the employer's ORP plan that permit participants to transfer ORP funds from one ORP employer's plan to another ORP employer's plan provided both employer plans include provisions authorizing such plan-to-plan transfers.(7) Grandfathered Companies.(A) ORP employers may allow participants to continue contributing to an ORP company that is no longer on the ORP employer's list of authorized companies. Such a company shall be referred to as a grandfathered company.(B) Institutions may allow participants who directly transfer from another Texas public institution of higher education to continue contributing to the same ORP company that they were contributing to at their prior ORP employer, provided the institution verifies that the contract includes the statutory distribution restrictions.(8) Confirmation of ORP Contributions. ORP employers shall require ORP companies that receive contributions for the ORP employer's ORP participants to submit confirmation of receipt of funds directly to each participant at least quarterly. The confirmation shall contain the date and amount of each ORP contribution received during the reporting period.(9) Confirmation of Funds Transfer. ORP employers shall require ORP companies that receive contributions for the ORP employer's ORP participants to, immediately upon execution of a transfer from one fund or investment or account to another fund or investment or account, submit a confirmation directly to the participant, unless specifically waived by the participant in writing. The confirmation shall include all transfer information, including a statement of any applicable charges.(10) Required Company Reports. Each ORP employer shall require all ORP companies that receive contributions for the ORP employer's ORP participants to submit, at least annually, a report or reports to each participant having ORP accounts with that company, including accounts that are no longer receiving current contributions, containing the information indicated in paragraphs (11), (12) and (13) of this subsection.(11) For all accounts, the following information shall be provided:(A) name and address of the participant;(B) identifying number;(C) total payments received during the reporting period;(D) expense charges during the reporting period;(E) net payments during the reporting period;(F) total value of account at the end of the reporting period; and(G) net cash surrender value of account at the end of the reporting period reflecting all potential charges against the account if it were surrendered for cash as of the last day of the reporting period.(12) For fixed and variable annuity accounts, the following additional information shall be provided:(A) interest rate or rates paid on the account from the previous reporting period to the end of the current reporting period; and(B) where multilevel rates of interest were paid on an account, a breakdown showing the amount in the participant's account at each interest level, the amount of interest earned at each interest level, and the rates of interest. An ORP company may exclude the information required by this subparagraph concerning multilevel rates of interest from the annual report, but if this information is not provided on at least an annual basis, the company shall provide it at any time upon the participant's request.(13) For variable annuity and custodial accounts, the following additional information shall be provided:(A) units of each fund or investment or account purchased during the reporting period;(B) total units of each fund or investment in the account at the end of the reporting period; and(C) value of unit of each fund or investment or account at the end of the reporting period.(14) Optional Information. ORP employers may require ORP companies to provide participants with other information in addition to the reporting requirements in paragraph (10) of this subsection, including, but not limited to:(A) additional account-related information;(B) information about the company; and(C) general educational information related to investments.(15) Authorized Company Representatives.(A) Designated Representatives. ORP employers may require ORP companies to designate representatives, or may require that the company and the ORP employer jointly designate representatives, who are authorized to communicate directly with the ORP employer's ORP-eligible employees concerning the company and its products.(B) Restricted Number. ORP employers may restrict the number of representatives authorized to represent each company.(C) Brokers. ORP employers may authorize brokers who represent more than one authorized company. Such authorization may be in addition to the number of designated representatives of a particular company.(D) Representative's ORP Knowledge. ORP employers may require ORP companies to certify that their designated representatives are sufficiently trained and knowledgeable about ORP, including an understanding of the statutory distribution restrictions that must be included in all ORP contracts.(E) Responsibility to Correct Mistakes. ORP employers may require a company to fully rectify, at the company's cost, any mistakes made by a designated company representative concerning the delivery of incorrect ORP information and any resulting problems.(16) Solicitation Practices. Each ORP employer shall establish the following procedures related to company solicitation practices.(A) Sales Presentations. Authorized representatives shall be permitted to make sales presentations to ORP-eligible employees on the ORP employer's premises, under the following conditions:(i) only at the employee's request;(ii) as a guest of the employee and ORP employer; and(iii) in compliance with the ORP employer's applicable policies and procedures.(B) Prohibited Gifts. ORP company representatives shall be prohibited from providing gifts or monetary rewards directly or indirectly to any employee of the ORP employer for information on newly eligible employees.(C) Bulk Campaigning Prohibited. Authorized representatives shall be responsible for providing appropriate sales literature and service at locations designated by the ORP employer. Unless specifically authorized by the ORP employer, ORP company representatives shall be prohibited from using campus bulk mailing (including electronic mail) or telephone campaigning.(D) Violations. ORP employers shall reserve the right to restrict solicitation privileges of authorized representatives based on violations of the solicitation procedures in this paragraph and each ORP employer's local policies and procedures.(d) Qualified Domestic Relations Orders (QDROs).(1) Company Responsibilities. Each ORP employer shall ensure that all ORP contracts include a provision that the ORP company is solely responsible for determining whether a domestic relations order is qualified and payable in accordance with Texas Government Code, Chapter 804. In lieu of requiring a contractual provision, ORP employers may require companies to certify, as part of the ORP employer's ORP company authorization process as provided in subsection (c) of this section, that the ORP company is solely responsible for determining whether a domestic relations order is qualified and payable in accordance with Texas Government Code, Chapter 804.(2) Company Interpretation. ORP employers may include criteria relating to an ORP company's interpretation of Texas Government Code, Chapter 804, in the ORP employer's ORP company authorization or certification process as provided in subsection (c) of this section.(e) Investment Advisory Fees. Participants may pay certain investment advisory fees with tax-deferred funds in their ORP account in accordance with the following conditions.(1) Investment advisory fees may only be paid with amounts in a participant's ORP account in accordance with the following provisions.(A) The investment advisory fees for each fiscal year shall not exceed two percent of the annual value of the participant's account as of the last day of that fiscal year.(B) The fees shall be paid directly to a registered investment advisor that provides advice to the participant.(C) The investment advisor to whom the fees are paid shall be registered with the Securities and Exchange Commission and any other applicable federal or state agencies, and shall be engaged full-time in the business of providing investment advice.(D) The participant and the investment advisor shall enter into a contract for a term of no more than one year. A contract that automatically renews each year shall be considered acceptable as long as both parties have the right to sever the relationship, with reasonable notification, at any time.(2) An ORP employer shall not prohibit participants from utilizing this right and shall not restrict the payment percentage to less than two percent.(3) An ORP employer may include in its ORP company authorization or certification process, as provided in subsection (c) of this section, a provision that prohibits commissions to an individual who also receives investment advisory fees for the same ORP account.(4) An ORP company may request the ORP employer to sign a statement that investment advisory fees are permissible under the plan to provide assurance to the company that it is releasing ORP funds to the advisor in accordance with applicable ORP provisions.(A) An ORP employer shall not sign the company's form indicating that investment advisory fees are permissible under the plan unless the ORP employer has received satisfactory documentation that the four conditions described in paragraph (1) of this subsection have been met.(B) An ORP employer shall not sign a form that actually authorizes the payments because that is a relationship between the advisor, the participant and the company.(f) Distribution Restrictions.(1) Restricted Access.(A) No Pre-Termination Access unless Age 70-1/2. ORP participants shall not access any of their ORP funds by any means (including partial or full withdrawals) until the earlier of the date that they:(i) terminate all employment with all ORP employers; or(ii) reach age 70-1/2 years.(B) No Loans or Hardship Withdrawals.(i) Loans, financial hardship withdrawals, or any other method that provides a participant with any type of access to ORP funds prior to the earlier of termination of employment or attainment of age 70-1/2 shall not be permitted.(ii) ORP products may provide for loans or hardship withdrawals after the participant's termination of employment or attainment of age 70-1/2, if permissible under applicable laws, regulations and plan provisions.(C) Previously Contributed Amounts. ORP contributions made during prior periods of employment with the same or another ORP employer and ORP contributions made to previously selected ORP companies with the current ORP employer shall be under the same statutory distribution restrictions as the contributions in the participant's current active account.(D) Employment Transfer is not a Termination. A participant's transfer of employment between Texas public institutions of higher education without a break in service, as defined in §25.3 of this title (relating to Definitions), shall not be considered a termination of employment for ORP purposes, unless the new position is non-benefits-eligible, as defined in §25.5(g) of this title (relating to Employment in a Non-Benefits-Eligible Position).(E) Transfer of Funds is not a Termination. A transfer of ORP funds between ORP accounts or ORP companies (contract exchange) shall not be considered a termination of employment for ORP purposes.(F) Simultaneous Contributions and Withdrawals. An ORP participant shall not simultaneously make ORP contributions and withdraw funds from ORP accounts unless that participant is at least age 70-1/2.(G) Documentation of Restrictions. ORP employers shall ensure that all ORP contracts specifically contain the statutory ORP distribution restriction provisions, which are sometimes referred to as the ORP endorsement.(2) Authorization to Release ORP Funds. An ORP company shall not release any ORP funds to a participant until receipt of notification from the participant's ORP employer that a break in service or retirement has occurred, except when the participant has reached age 70-1/2, in which case, the ORP company may release funds upon verification that the participant has reached age 70-1/2. The ORP employer's termination notification may be referred to as a vesting letter because it indicates whether the participant has met the ORP vesting requirement.(A) Unvested Participants. If a participant terminates prior to meeting the vesting requirement, the ORP employer's notification shall include a request for the return of the participant's forfeited ORP employer contributions, as provided in §25.6(a)(11) of this title (relating to Forfeited ORP Employer Contributions).(B) Vested Participants. If a participant terminates after meeting the vesting requirement, all funds shall be available in accordance with applicable federal law, plan provisions and contractual provisions, but non-ORP-related early withdrawal penalties, such as additional federal income taxes or contractual surrender fees, may apply depending on factors such as the participant's product selection and age at termination.(3) Prohibited Distribution by ORP Company. If an ORP company provides a participant with any access to ORP funds prior to the earlier of the participant's termination of employment with all ORP employers or attainment of age 70-1/2, then the ORP employer, as the plan sponsor, and the ORP company, as the trustee of the funds, shall rectify the situation in accordance with applicable IRS procedures.(g) ORP Employer Reports.(1) Required Information. All ORP employers shall submit the following information to the Board:(A) number of ORP participants;(B) amount of contributions sent to ORP companies;(C) list of ORP-eligible positions; and(D) any other information required by the Board.(2) Annual Report.(A) Format. The required information shall be provided in a reporting format developed by the Board, which may include an electronic format.(B) Due Date. The required information shall be reported on a fiscal year basis and shall normally be due on October 1 of each year for the most recent fiscal year ending August 31.(3) Additional Information as Needed. ORP employers shall provide additional information to the Board as needed to carry out its functions under the ORP statute, which may be in the form of ad hoc reports, formal or informal surveys, or other format, and may be requested in an electronic format.(h) Required Notices to Employees.(1) Basic Information for Newly Eligible Employees. On or before an ORP-eligible employee's initial ORP eligibility date, which is the first day of his or her 90-day ORP election period, each institution shall provide the ORP-eligible employee with written introductory information on ORP developed by the Board and titled, "An Overview of TRS and ORP for Employees Eligible to Elect ORP."(A) Uniform and Unbiased. The purpose of this notification requirement is to ensure that all employees who become eligible to elect ORP are provided general, uniform and unbiased information on which to base their decision.(B) Electronic Notification. An institution may meet this notification requirement by:(i) placing a link on its website to the Board's ORP website;(ii) providing the ORP-eligible employee with local internet/intranet access to the link to the Board's ORP website; and(iii) within the required timeframe, notifying the ORP-eligible employee in writing of the location of the link to the Board's ORP website.(2) ORP Election Period Dates. Each ORP employer shall, within 15 business days of an ORP-eligible employee's initial ORP eligibility date, provide written notification to the ORP-eligible employee that indicates the beginning and ending dates of his or her ORP election period and the local procedures for submitting the election form and additional required paperwork.(3) Participant's ORP Responsibilities. On or before an ORP-eligible employee's initial ORP eligibility date, which is the first day of his or her 90-day ORP election period, each ORP employer shall provide written notification to the ORP-eligible employee that:(A) an election of ORP entails certain responsibilities for the employee, including selection and monitoring of ORP companies and investments; and(B) the ORP employer has no fiduciary responsibility for the market value of a participant's ORP investments or for the financial stability of the ORP companies chosen by the participant.(4) Possible Retiree Group Insurance Eligibility. ORP employers shall include in their normal out-processing procedures for terminated employees, a notification to ORP participants that includes the following information:(A) the participant's possible future eligibility for retiree group insurance as an ORP retiree;(B) the ORP employer's policies for handling certification that an ORP participant meets the eligibility requirements for enrollment in retiree group insurance as an ORP retiree; and(C) for ORP employers that are covered under the group insurance program administered by ERS, a caution to the participant to refrain from withdrawing all of his or her ORP funds if the participant enrolls in the group insurance program administered by ERS as an ORP retiree or anticipates enrolling at a later date.(D) The notification may be either general in nature or specific to each participant.(5) Verification of Notification Receipt. ORP employers shall develop forms and/or procedures to carry out the notification requirements in this subsection that provide documentation of the employee's acknowledgement of receipt of this information, including the date of receipt, such as a signature or electronic verification.</content><note type="source"><p>Source Note: The provisions of this §25.6 adopted to be effective May 23, 2004, 29 TexReg 5079; amended to be effective November 28, 2005, 30 TexReg 7873; amended to be effective August 30, 2016, 41 TexReg 6484.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t19/p2"><num value="2">PART 2</num><heading>TEXAS EDUCATION AGENCY</heading><chapter identifier="/us/state/tx/tac/t19/p2/c30"><num value="30">CHAPTER 30</num><heading>ADMINISTRATION</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c30/scA"><num value="A">SUBCHAPTER A</num><heading>STATE BOARD OF EDUCATION: GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c30/scA/s30.1"><num value="30.1">§30.1</num><heading>Petition for Adoption of Rule Changes</heading><content>(a) Any interested person as defined in Texas Government Code (TGC), §2001.021(d), may petition for the adoption, amendment, or repeal of a rule of the State Board of Education (SBOE) by filing a petition on the form provided in this subsection. The petition shall be signed and submitted to the Texas Education Agency (TEA). The TEA staff responsible for the area with which the rule is concerned shall evaluate the merits of the petition to determine whether to recommend that rulemaking proceedings be initiated or that the petition be denied.Attached Graphic(b) In accordance with TGC, §2001.021, the TEA staff must respond to the petitioner within 60 calendar days of receipt of the petition.(1) Where possible, the TEA staff recommendation concerning the petition shall be placed on the next SBOE agenda, and the SBOE shall act on the petition within 60 calendar days.(2) Where the time required to review the petition or the scheduling of SBOE meetings will not permit the SBOE to act on the petition within the required 60 calendar days, the TEA staff shall respond to the petitioner within the required 60 calendar days, notifying the petitioner of the date of the SBOE meeting at which the TEA staff recommendation will be presented to the SBOE for action.(c) The SBOE will review the petition and the TEA staff recommendation and will either deny the petition, giving reasons for the denial, or direct the TEA staff to begin the rulemaking process. The TEA staff will notify the petitioner of the SBOE's action related to the petition.(d) The SBOE may deny a petition on the following grounds: (1) the SBOE does not have jurisdiction or authority to propose or adopt the petitioned rule;(2) the petitioned rule conflicts with a statute, court decision, another rule proposed or adopted by the SBOE, or other law;(3) the SBOE determines that a different proceeding, procedure, or act more appropriately addresses the subject matter of the petition than initiating a rulemaking proceeding;(4) the petitioner files a petition:(A) within one year of the SBOE denying a petition on a similar rule or the same subject matter; or(B) to amend a rule proposed or adopted by the SBOE that has not yet become effective; or(5) any other reason the SBOE determines is grounds for denial.(e) If the SBOE initiates rulemaking procedures in response to a petition, the rule text which the SBOE proposes may differ from the rule text proposed by the petitioner.</content><note type="source"><p>Source Note: The provisions of this §30.1 adopted to be effective December 5, 2004, 29 TexReg 11339; amended to be effective April 26, 2009, 34 TexReg 2531; amended to be effective May 23, 2017, 42 TexReg 2722; amended to be effective June 13, 2021, 46 TexReg 3518.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c30/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER OF EDUCATION: GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c30/scAA/s30.1001"><num value="30.1001">§30.1001</num><heading>Petition for Adoption of Rule Changes</heading><content>(a) Any interested person as defined in Texas Government Code (TGC), §2001.021(d), may petition for the adoption, amendment, or repeal of a rule of the commissioner of education or the Texas Education Agency (TEA) by filing a petition on the form provided in this subsection. The petition shall be signed and submitted to TEA.Attached Graphic(b) The TEA staff responsible for the area with which the rule is concerned shall evaluate the merits of the petition to determine whether to recommend to the commissioner of education that rulemaking proceedings be initiated or that the petition be denied.(c) In accordance with TGC, §2001.021, the TEA staff must respond to the petitioner within 60 calendar days of receipt of the petition. The response shall:(1) advise that rulemaking proceedings will be initiated; or(2) deny the petition, giving reasons for the denial.(d) The commissioner may deny a petition on the following grounds:(1) the commissioner does not have jurisdiction or authority to propose or adopt the petitioned rule;(2) the petitioned rule conflicts with a statute, court decision, another rule proposed or adopted by the commissioner, or other law;(3) the commissioner determines that a different proceeding, procedure, or act more appropriately addresses the subject matter of the petition than initiating a rulemaking proceeding;(4) the petitioner files a petition:(A) within one year of the commissioner denying a petition on a similar rule or the same subject matter; or(B) to amend a rule proposed or adopted by the commissioner that has not yet become effective; or(5) any other reason the commissioner determines is grounds for denial.(e) If the commissioner initiates rulemaking procedures in response to a petition, the rule text which the commissioner proposes may differ from the rule text proposed by the petitioner.</content><note type="source"><p>Source Note: The provisions of this §30.1001 adopted to be effective September 23, 2004, 29 TexReg 9184; amended to be effective May 12, 2009, 34 TexReg 2766; amended to be effective April 26, 2017, 42 TexReg 2168; amended to be effective September 12, 2021, 46 TexReg 5546.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c30/scB"><num value="B">SUBCHAPTER B</num><heading>STATE BOARD OF EDUCATION: PURCHASING AND CONTRACTS</heading><section identifier="/us/state/tx/tac/t19/p2/c30/scB/s30.21"><num value="30.21">§30.21</num><heading>Historically Underutilized Business (HUB) Program</heading><content>In accordance with the Texas Government Code, §2161.003, the State Board of Education adopts by reference the rules of the Comptroller of Public Accounts, found at Title 34 Texas Administrative Code, §§20.11-20.28, concerning the Historically Underutilized Business (HUB) Program.</content><note type="source"><p>Source Note: The provisions of this §30.21 adopted to be effective December 5, 2004, 29 TexReg 11339; amended to be effective April 26, 2009, 34 TexReg 2532.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c30/scB/s30.22"><num value="30.22">§30.22</num><heading>Procedures for Protests, Dispute Resolution, and Appeals Relating to Purchasing and Contract Issues</heading><content>(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract under the jurisdiction of the State Board of Education (SBOE) may formally protest to the director of the Texas Education Agency (TEA) division responsible for purchasing and contracts. Such protests must be in writing and received in the purchasing and contracts director's office within ten working days after such aggrieved person knows, or reasonably should have known, of the occurrence of the action which is protested, unless the director finds that good cause for delay is shown or determines that a protest or appeal raises issues significant to the TEA's procurement practices or procedures.(b) Formal protests must conform to the requirements of this subsection and subsection (d) of this section, and shall be resolved in accordance with the procedure set forth in subsections (e)-(f) of this section. Copies of the protest must be mailed or delivered by the protesting party to the TEA and to the other interested parties. For the purposes of this section, "interested parties" means all respondents who have submitted bids, proposals, or offers for the contract involved. Names and addresses of all interested parties may be obtained by sending a written request for this information to the purchasing and contracts director.(c) In the event of a timely protest or appeal under this section, the TEA shall not proceed further with the solicitation or with the award of the contract unless the commissioner of education or the commissioner's designee, in consultation with the purchasing and contracts director, makes a written determination that the expeditious award of contract is necessary to protect substantial interest of the state. A copy of this determination shall be mailed to the protesting party.(d) A formal protest petition must be sworn and must contain:(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) an identification of the issue or issues to be resolved;(5) argument and authorities in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to the TEA and other identifiable interested parties.(e) The purchasing and contracts director shall have the authority to settle and resolve the dispute concerning the solicitation or award of a contract. The director may solicit written responses to the protest petition from other interested parties, and if he or she makes such a request, the protesting party shall be given notice of the director's request and of any written responses to the request that the director receives. The director may consult with the TEA office of legal services concerning the dispute.(f) If the protest is not resolved by mutual agreement, the purchasing and contracts director will issue a written determination on the protest.(1) If the director determines that no violation of rules or statutes has occurred, he or she shall so inform the protesting party and other interested parties by a letter which sets forth the reasons for the determination.(2) If the director determines that a violation of rules or statutes has occurred in a case where a contract has not been awarded, he or she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.(3) If the director determines that a violation of rules or statutes has occurred in a case where a contract has been awarded, he or she shall so inform the protesting party and other interested parties by a letter which sets forth the reasons for the determination. In such a case, the director has the authority to declare the contract void. If he or she declares the contract void, this fact shall be included in the determination letter.(g) The purchasing and contracts director's determination on a protest may be appealed by the protesting party to the commissioner of education or the commissioner's designee. An appeal of the director's determination must be in writing and must be received in the commissioner's office no later than ten working days after the date of the director's determination. An appeal of the determination shall be limited to those issues raised in the protest petition and the determination letter. Copies of the appeal must be mailed or delivered by the appealing party to the TEA and other interested parties and must contain a sworn statement that such copies have been provided.(h) The commissioner or the commissioner's designee shall review the protest petition, the purchasing and contracts director's requests for written responses to the protest petition, any written responses received from other interested parties, the determination, and the appeal.(i) The commissioner or the commissioner's designee may, in his or her discretion, issue a written decision on the protest or refer the matter to the SBOE for consideration at a regularly scheduled open meeting.(j) A decision issued either by the SBOE in an open meeting or in writing by the commissioner or the commissioner's designee shall be the final administrative action of the TEA.</content><note type="source"><p>Source Note: The provisions of this §30.22 adopted to be effective December 5, 2004, 29 TexReg 11339.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c30/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER OF EDUCATION: PURCHASING AND CONTRACTS</heading><section identifier="/us/state/tx/tac/t19/p2/c30/scBB/s30.2001"><num value="30.2001">§30.2001</num><heading>Historically Underutilized Business (HUB) Program</heading><content>In accordance with the Texas Government Code, §2161.003, the Texas Education Agency (TEA) adopts by reference the rules of the Texas Building and Procurement Commission (TBPC), found at Title 1 Texas Administrative Code, §§111.11 - 111.28, concerning the Historically Underutilized Business (HUB) Program. For purposes of implementing the TBPC rules at the TEA, references to the state agency or agency shall be considered to be a reference to the TEA.</content><note type="source"><p>Source Note: The provisions of this §30.2001 adopted to be effective January 6, 2005, 29 TexReg 12185.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c30/scBB/s30.2002"><num value="30.2002">§30.2002</num><heading>Procedures for Protests, Dispute Resolution, and Appeals Relating to Purchasing and Contract Issues</heading><content>(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract under the jurisdiction of the Texas Education Agency (TEA) may formally protest to the director of the TEA division responsible for purchasing and contracts. Such protests must be in writing and received in the purchasing and contracts director's office within ten working days after such aggrieved person knows, or reasonably should have known, of the occurrence of the action which is protested, unless the director finds that good cause for delay is shown or determines that a protest or appeal raises issues significant to the TEA's procurement practices or procedures.(b) Formal protests must conform to the requirements of this subsection and subsection (d) of this section, and shall be resolved in accordance with the procedure set forth in subsections (e) and (f) of this section. Copies of the protest must be mailed or delivered by the protesting party to the TEA and to the other interested parties. For the purposes of this section, "interested parties" means all respondents who have submitted bids, proposals, or offers for the contract involved. Names and addresses of all interested parties may be obtained by sending a written request for this information to the purchasing and contracts director.(c) In the event of a timely protest or appeal under this section, the TEA shall not proceed further with the solicitation or with the award of the contract unless the commissioner of education or the commissioner's designee, in consultation with the purchasing and contracts director, makes a written determination that the expeditious award of contract is necessary to protect substantial interest of the state. A copy of this determination shall be mailed to the protesting party.(d) A formal protest petition must be sworn and must contain:(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) an identification of the issue or issues to be resolved;(5) argument and authorities in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to the TEA and other identifiable interested parties.(e) The purchasing and contracts director shall have the authority to settle and resolve the dispute concerning the solicitation or award of a contract. The director may solicit written responses to the protest petition from other interested parties, and if he or she makes such a request, the protesting party shall be given notice of the director's request and of any written responses to the request that the director receives. The director may consult with the TEA office of legal services concerning the dispute.(f) If the protest is not resolved by mutual agreement, the purchasing and contracts director will issue a written determination on the protest.(1) If the director determines that no violation of rules or statutes has occurred, he or she shall so inform the protesting party and other interested parties by a letter which sets forth the reasons for the determination.(2) If the director determines that a violation of rules or statutes has occurred in a case where a contract has not been awarded, he or she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.(3) If the director determines that a violation of rules or statutes has occurred in a case where a contract has been awarded, he or she shall so inform the protesting party and other interested parties by a letter which sets forth the reasons for the determination. In such a case, the director has the authority to declare the contract void. If he or she declares the contract void, this fact shall be included in the determination letter.(g) The purchasing and contracts director's determination on a protest may be appealed by the protesting party to the commissioner of education or the commissioner's designee. An appeal of the director's determination must be in writing and must be received in the commissioner's office no later than ten working days after the date of the director's determination. An appeal of the determination shall be limited to those issues raised in the protest petition and the determination letter. Copies of the appeal must be mailed or delivered by the appealing party to the TEA and other interested parties and must contain a sworn statement that such copies have been provided.(h) The commissioner or the commissioner's designee shall review the protest petition, the purchasing and contracts director's requests for written responses to the protest petition, any written responses received from other interested parties, the determination, and the appeal.(i) A decision issued in writing by the commissioner or the commissioner's designee shall be the final administrative action of the TEA.</content><note type="source"><p>Source Note: The provisions of this §30.2002 adopted to be effective January 6, 2005, 29 TexReg 12185.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c30/scBB/s30.2003"><num value="30.2003">§30.2003</num><heading>Auditing and Monitoring Performance for All Contracts, Including Assessment Instruments</heading><content>(a) Auditing contracts.(1) Texas Education Agency (TEA) staff will randomly perform desk reviews or billing reviews throughout the term of any contract awarded by the TEA.(2) TEA staff shall be granted access to any online tools installed or in use for monitoring and reporting service levels related to the contracted work for the agency's assessment program. If monitoring tools do not exist, TEA shall place monitoring tools on the production servers and components supporting those systems related to the deliverables for the assessment program.(b) Contract and performance monitoring. The TEA will provide contract management training to agency staff that includes:(1) developing written contracting policies and procedures;(2) developing contract monitoring plans and tools;(3) communicating expectations through a detailed statement of work, performance measures, and post-award meetings;(4) requiring supporting documentation with each invoice;(5) communicating that payments linked to satisfactory performance are allowable, reasonable, and necessary to achieve the program objectives;(6) requesting regular programmatic reports;(7) requesting access to records;(8) including a Liquidated Damages clause; and(9) including a Right to Audit clause that complies with Texas Education Code, §39.0381, in the contract terms and conditions.(c) Enhanced contract and performance monitoring. The following provisions apply to all contracts awarded by TEA to ensure contractors' compliance with contract and service delivery requirements.(1) TEA staff must complete monitoring plans for high-dollar and high-risk contracts as determined by the TEA procurement director.(2) Individual program areas within TEA will conduct day-to-day monitoring activities regarding financial and performance requirements.(3) Higher-risk contracts are monitored more frequently and more comprehensively than lower-risk contracts as determined by the project Risk Assessment form.(4) A contract may be identified as needing enhanced monitoring through factors such as the Risk Assessment form, needing corrective action, other factors that become known to the agency, or as determined by the TEA procurement director. For contracts identified as needing enhanced monitoring, TEA requires the contractor to provide specific programmatic information on a scheduled basis to determine if performance measures are being met.(5) Enhanced monitoring may include site visits, meeting notes, and any other documentation requirements deemed necessary by the TEA to assess progress of the contractor toward meeting the identified goals and outcomes established in response to contract deficiencies.(6) The TEA procurement director shall notify TEA executive staff of contracts that have been identified as needing enhanced monitoring.</content><note type="source"><p>Source Note: The provisions of this §30.2003 adopted to be effective July 18, 2017, 42 TexReg 3539.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c33"><num value="33">CHAPTER 33</num><heading>STATEMENT OF INVESTMENT OBJECTIVES, POLICIES, AND GUIDELINES OF THE TEXAS PERMANENT SCHOOL FUND</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c33/scA"><num value="A">SUBCHAPTER A</num><heading>STATE BOARD OF EDUCATION RULES</heading><section identifier="/us/state/tx/tac/t19/p2/c33/scA/s33.2"><num value="33.2">§33.2</num><heading>Distributions to the Available School Fund</heading><content>Each year, the State Board of Education (SBOE) shall determine whether a distribution to the Available School Fund (ASF) shall be made for the current state fiscal year. The SBOE shall determine whether such distribution is permitted under the Texas Constitution, Article VII, §5(a)(2). The annual determination for the current fiscal year shall include a projection of the expected total return of the Permanent School Fund (PSF) at the end of the current fiscal year and the realized returns during the nine preceding state fiscal years. Any one-year distribution to the ASF shall not exceed 6.0% of the average market value of the PSF, excluding real property managed, sold, or acquired under the Texas Constitution, Article VII, §4, as determined under the Texas Constitution, Article VII, §5(a)(1). When adopting the rate of distribution, the SBOE shall strive to balance the needs of current and future generations of Texas school children by attempting to maintain consistent levels of distributions per student and assets per student, after adjusting for inflation.</content><note type="source"><p>Source Note: The provisions of this §33.2 adopted to be effective April 21, 2010, 35 TexReg 3027; amended to be effective March 31, 2024, 49 TexReg 1917.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c33/scA/s33.3"><num value="33.3">§33.3</num><heading>Duties and Responsibilities of the State Board of Education Related to the Texas Permanent School Fund Corporation</heading><content>(a) The Texas Constitution, Article VII, §§1-8, establish the Available School Fund, the Texas Permanent School Fund (PSF), and the State Board of Education (SBOE) and specify the standard of care SBOE members must exercise in managing PSF assets. In addition, the constitution directs the legislature to establish suitable provisions for supporting and maintaining an efficient public free school system, defines the composition of the PSF and the Available School Fund, and requires the SBOE to set aside sufficient funds to provide free instructional materials for the use of children attending the public free schools of this state. The members of the SBOE serve as fiduciaries of the PSF.(b) Pursuant to Texas Education Code, Chapter 43, Subchapter B, the SBOE delegated the authority to manage and invest the PSF to the Texas PSF Corporation, a special-purpose governmental corporation that is an instrumentality of the state of Texas with all necessary and implied powers to accomplish its purpose. The SBOE has the following duties and responsibilities with respect to the Texas PSF Corporation:(1) establish by rule the terms of the five members of the SBOE appointed to the Texas PSF Corporation Board of Directors;(2) adopt the certificate of formation for the Texas PSF Corporation;(3) approve the adoption and amendment of the Texas PSF Corporation bylaws; and(4) act as the sole member of the Texas PSF Corporation.</content><note type="source"><p>Source Note: The provisions of this §33.3 adopted to be effective March 1, 2023, 48 TexReg 1043.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c33/scA/s33.4"><num value="33.4">§33.4</num><heading>Ethical Standards for Members of the State Board of Education</heading><content>(a) Definitions. For purposes of this section, the following definitions have the following meanings.(1) Commissioner--the commissioner of education. As the commissioner is an employee of the Texas Education Agency (TEA), any provisions that apply to TEA employees apply to the commissioner.(2) Official act or official action--a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority.(3) Permanent School Fund (PSF) service provider--any person who provides services to the PSF or relating to the management or investment of the PSF, including, but not limited to, external investment managers and consultants, banks, custodians, and professional services (attorneys, accountants, etc.). Notwithstanding the foregoing, for all purposes under this section, the term PSF service provider excludes State Board of Education (SBOE) members, TEA employees, and private fund managers. PSF service providers who provide services to the Texas PSF Corporation are covered by the Texas PSF Corporation's ethics policy.(4) Personal securities transactions--(A) transactions for a member's or employee's own account, including an individual retirement account; or(B) transactions for an account, other than an account over which the member or employee has no direct or indirect influence or control, in which the member or employee (or the member's or employee's spouse, minor child, or other dependent relative):(i) is an income or principal beneficiary or other equity owner of the account; or(ii) receives compensation for managing the account for the benefit of persons other than the member or employee or his or her family.(5) Private fund manager--a person who controls a non-publicly traded investment fund or other investment vehicle (including, but not limited to, a partnership, limited liability company, trust, association, or other entity) in which the PSF is invested. A private fund manager may include the vehicle's sponsor, general partner, managing member, manager, advisor, or other agent thereof. For purposes of this section, private fund managers are not considered to be PSF service providers.(6) Publicly traded securities--securities of a class that is listed on a national securities exchange or quoted on the NASDAQ national market system in the United States or that is publicly traded on any foreign stock exchange or other foreign market.(7) Relative--an individual related within the third degree by consanguinity (blood relative) or the second degree by affinity (marriage) determined in accordance with Texas Government Code, §§573.021-573.025. For purposes of this definition:(A) examples of a relative within the third degree by consanguinity are a child, grandchild, great-grandchild, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, niece, or nephew;(B) examples of a relative within the second degree by affinity are a spouse, an individual related to a spouse within the second degree by consanguinity, or a spouse of such an individual;(C) an individual adopted into a family is considered a relative on the same basis as a natural born family member; and(D) an individual is considered a spouse even if the marriage has been dissolved by death or divorce if there are surviving children of that marriage.(8) Texas Education Agency (TEA) employee--a person employed by TEA who provides advice to the SBOE, commissioner, or TEA concerning the PSF.(b) General principles. Under Texas Education Code (TEC), §43.0031, members of the SBOE, the commissioner, TEA employees, and persons providing services to the SBOE relating to the PSF are subject to general ethical standards relating to the PSF. The PSF is held in public trust for the benefit of the schoolchildren of Texas. The members of the SBOE serve as fiduciaries of the PSF in accordance with the Texas Constitution, Article VII, §5(f). SBOE members or anyone acting on their behalf shall aspire to the highest standards of ethical conduct and shall comply with the provisions of this section, the Texas Constitution, Texas statutes, and all other applicable provisions governing the responsibilities of a fiduciary.(c) General ethical standards.(1) SBOE members must comply with all laws applicable to them, which may include one or more of the following statutes: Texas Government Code, §572.051 (Standards of Conduct; State Agency Ethics Policy), §552.352 (Distribution or Misuse of Confidential Information), §572.002 (General Definitions), §572.004 (Definition: Regulation), §572.054 (Representation by Former Officer or Employee of Regulatory Agency Restricted; Criminal Offense), §572.058 (Private Interest in Measure or Decision; Disclosure; Removal from Office for Violation), §572.021 (Financial Statement Required), §2252.908 (Disclosure of Interested Parties), Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), and Chapter 305 (Registration of Lobbyists); Texas Penal Code, Chapter 36 (Bribery and Corrupt Influence) and Chapter 39 (Abuse of Office); and TEC, §43.0032 (Conflicts of Interest) and §43.0033 (Reports of Expenditures). The omission of any applicable statute listed in this paragraph does not excuse violation of its provisions.(2) SBOE members must be honest in the exercise of their duties and must not take actions that will discredit the PSF.(3) SBOE members shall be loyal to the interests of the PSF to the extent that such loyalty is not in conflict with other duties that legally have priority.(4) SBOE members shall not use nonpublic information gained through their relationship with the PSF to seek or obtain personal gain beyond agreed compensation and/or any properly authorized expense reimbursement. This should not be interpreted to forbid the use of PSF as a reference or the communication to others of the fact that a relationship with PSF exists, provided that no misrepresentation is involved.(5) This section is adopted to satisfy the requirements of TEC, §43.0031.(d) Conflicts of interest.(1) A conflict of interest exists whenever SBOE members, the commissioner, or TEA employees have business, commercial, or other relationships, including, but not limited to, personal and private relationships, that could reasonably be expected to diminish their independence of judgment in the performance of their duties. Conflicts include, but are not limited to, beneficial interests in securities, corporate memberships, trustee positions, familial relationships, or other special relationships that could reasonably be considered a conflict of interest with the fiduciary duties to the PSF. Further, TEC, §43.0032, requires disclosure and no participation in a matter affected by the possible conflict of interest, unless a waiver is granted, when an SBOE member, the commissioner, a TEA employee, or a person who provides services to the SBOE that relate to management or investment of the PSF has a business, commercial, or other relationship that could reasonably be expected to diminish a person's independence of judgment in the performance of the person's responsibilities relating to the PSF. Such business, commercial, or other relationship is defined to be a relationship that is prohibited under Texas Government Code, §572.051, or that would require public disclosure under Texas Government Code, §572.058, or a relationship that does not rise to this level but that is determined by the SBOE to create an unacceptable risk to the integrity and reputation of the PSF investment program.(2) Any person who has a possible conflict of interest as defined in paragraph (1) of this subsection shall, upon discovery, promptly disclose the possible conflict to the commissioner and the chair and vice chair of the SBOE on a disclosure form prescribed by the commissioner.(e) Prohibited transactions and interests. SBOE members, the commissioner, and TEA employees may not:(1) engage in any personal securities transaction when the person has actual knowledge that the Texas PSF Corporation is trading such securities or has acquired information through his or her position that is not otherwise available to the public. An SBOE member, the commissioner, or a TEA employee may otherwise buy or sell a publicly traded security of an issuer that is held by the Texas PSF Corporation;(2) accept or solicit any gifts, favors, services, or benefits that might reasonably tend to influence the person in the discharge of his or her duties for the PSF or that the person knows, or should know, is being offered with the intent to influence the person's conduct on behalf of the PSF;(3) accept employment or engage in a business or professional activity while serving as an SBOE member or a TEA employee that the member or employee might reasonably expect would require or induce the member or employee to disclose confidential information acquired by reason of his or her position concerning the PSF;(4) accept employment or compensation while serving as a member or employee that could reasonably be expected to impair the member's or employee's independence of judgment in the performance of his or her duties;(5) make personal investments that could reasonably be expected to create a substantial conflict of interest between the member's or employee's private interest and the interests of the PSF;(6) intentionally or knowingly solicit, accept, or agree to accept any gifts, favors, services, or benefits for the exercise of the member's or employee's authority or performance of the member's or employee's duties;(7) purchase, sell, exchange, or lease property to or from the Texas PSF Corporation if such person holds an interest in the property (whether direct or indirect);(8) purchase, sell, or exchange any interest in an entity with the Texas PSF Corporation if such person holds an interest in the entity (whether direct or indirect);(9) accept offers, under any circumstances, by reason of their official position to trade in any security or other investment on terms more favorable than those available to the general investing public or, in the case of private market investments, a similarly situated investor;(10) lend to or borrow from the Texas PSF Corporation, PSF service providers, private fund managers, or other third parties with which the Texas PSF Corporation has a business relationship, unless such entities are normally engaged in such lending in the usual course of their business, and then only on customary terms offered to others under similar circumstances to finance proper and usual activities; or(11) act as a representative or agent of a third party, including a PSF service provider or private fund manager, in connection with the acquisition of services or an investment for the Texas PSF Corporation.(f) Gifts and entertainment. An SBOE member, the commissioner, or a TEA employee (or the spouse, minor child, or dependent relative thereof) may not:(1) accept any gift or benefit, unless such gift is a permissible gift as defined in subsection (g) of this section;(2) solicit, offer, or accept a gift or benefit (for the personal benefit of the member or employee or for the benefit of a third party), regardless of whether it is a permissible gift, that the member or employee knows, or should know, is being offered or given because of the member's or employee's official position, in exchange for an official act, or with the intent to influence the member's or employee's conduct on behalf of the PSF;(3) solicit, accept, or agree to accept an honorarium in consideration for services that the member or employee would not have been requested to provide but for his or her official position or duties;(4) accept any gift or benefit from a lobbyist, or a person who is required to be registered as a lobbyist, that is not expressly permitted by Texas Government Code, Chapter 305; or(5) accept a gift or benefit if the source of the gift or benefit is not identified or if the member or employee knows, or has reason to know, that a prohibited gift is being offered through an intermediary.(g) Definition of permissible gift. The term "permissible gift" means a gift or benefit that is offered or accepted in compliance with all applicable statutes and rules and is one of the following:(1) an occasional gift that is not cash or money, including checks, gift cards, or negotiable instruments, and does not exceed $50 in value;(2) food, lodging, entertainment, and transportation, if accepted as a guest (i.e., the donor is present) and, if required, the member or employee reports the gift as required by law;(3) an item is given in the context of a personal relationship, such as kinship, or a professional or business relationship that is independent of the member's or employee's official capacity; or(4) transportation, lodging, and meals in connection with attendance at a conference or similar event in which the member or employee renders services, such as speaking, if the services are more than perfunctory.(h) Receipt of prohibited gift. A member or employee who receives a gift that is not a permissible gift should return the gift to its source or, if that is not possible or feasible, donate the gift to a recognized tax-exempt charitable organization or governmental entity.(i) Contributions and solicitation of support.(1) All SBOE members, the commissioner, and TEA employees (and their respective agents) shall follow all applicable laws governing campaign contributions, including, without limitation, the rules promulgated by the Securities and Exchange Commission relating to political contributions by certain investment advisors.(2) An SBOE member shall not request that a PSF service provider or private fund manager make any gift or donation to a school or other charitable interest on behalf of or at the request of a member.(j) Compliance and enforcement.(1) The SBOE will enforce this section through its chair or vice chair or the commissioner.(2) Any violation of this section will be reported to the chair and vice chair of the SBOE and the commissioner, and a recommended action will be presented to the SBOE by the chair of the SBOE or the commissioner.(3) The ethics advisor of TEA shall respond to inquiries from SBOE members, the commissioner, and TEA employees concerning the provisions of this section. The ethics advisor may confer with the general counsel.(k) Ethics training. The SBOE shall receive annual training regarding state ethics laws through the Texas Ethics Commission or TEA's ethics advisor. TEA employees shall complete all ethics training required by TEA.</content><note type="source"><p>Source Note: The provisions of this §33.4 adopted to be effective March 1, 2023, 48 TexReg 1043.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c33/scA/s33.6"><num value="33.6">§33.6</num><heading>Bond Guarantee Program for School Districts</heading><content>(a) Statutory provision. The commissioner of education must administer the guarantee program for school district bonds according to the provisions of Texas Education Code (TEC), Chapter 45, Subchapter C.(b) Definitions. The following definitions apply to the guarantee program for school district bonds.(1) Annual debt service--payments of principal and interest on outstanding bonded debt scheduled to occur between September 1 and August 31 during the fiscal year in which the guarantee is sought as reported by the Municipal Advisory Council (MAC) of Texas or its successor, if the district has outstanding bonded indebtedness.(A) The annual debt service will be determined by the current report of the bonded indebtedness of the district as reported by the MAC of Texas or its successor as of the date of the application deadline.(B) The annual debt service does not include:(i) the amount of debt service to be paid on the bonds for which the reservation is sought; or(ii) the amount of debt service attributable to any debt that is no longer outstanding at the application deadline, provided that the Texas Education Agency (TEA) has sufficient evidence of the discharge or defeasance of such debt.(C) Solely for the purpose of this calculation, the debt service amounts for variable rate bonds will be those that are published in the final official statement, or if there is no official statement, debt service amounts based on the maximum rate permitted by the bond order or other bond proceeding that establishes a maximum interest rate for the bonds.(2) Application deadline--the last business day of the month in which an application for a guarantee is filed. Applications must be submitted electronically through the website of the MAC of Texas or its successor by 5:00 p.m. on the last business day of the month to be considered in that month's application processing.(3) Average daily attendance (ADA)--total refined average daily attendance as defined by TEC, §42.005.(4) Bond--a debt security issuance approved by the attorney general, issued under TEC, §45.003 or §45.004, to provide long-term financing with a maturity schedule of at least three years.(5) Bond Guarantee Program (BGP)--the guarantee program that is described by this section and established under TEC, Chapter 45, Subchapter C.(6) Bond order--the order adopted by the governing body of a school district that authorizes the issuance of bonds and the pricing certificate, if any, establishing the terms of the bonds executed pursuant to such order.(7) Combination issue--an issuance of bonds for which an application for a guarantee is filed that includes both a new money portion and a refunding portion, as permitted by the Texas Government Code, Chapter 1207. The eligibility of combination issues for the guarantee is limited by the eligibility of the new money and refunding portions as defined in this subsection.(8) Enrollment growth--growth in student enrollment, as defined by §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook), that has occurred over the previous five school years.(9) Nationally recognized investment rating firm--an investment rating firm that is designated by the United States Securities and Exchange Commission as a nationally recognized statistical rating organization (NRSRO) and is demonstrating that it has:(A) had its current NRSRO designation for at least three consecutive years;(B) provided credit ratings to each of the following:(i) fifteen or more fixed income securities denominated in United States dollars and issued during the immediately preceding three years; and(ii) ten or more school districts in the United States; and(C) a documented separation of duties between employees involved in credit analysis and employees involved in business relationships with clients.(10) New money issue--an issuance of bonds for the purposes of constructing, renovating, acquiring, and equipping school buildings; the purchase of property; or the purchase of school buses. An issuance of bonds for the purpose of constructing teacher or student housing is eligible for the guarantee for new money only if it is an integral part of the educational mission of the school district as determined by the commissioner. Eligibility for the guarantee for new money issues is limited to the issuance of bonds authorized under TEC, §45.003. A new money issue does not include the issuance of bonds to purchase a facility from a public facility corporation created by the school district or to purchase any property that is currently under a lease-purchase contract under the Local Government Code, Chapter 271, Subchapter A. A new money issue does not include an issuance of bonds to refinance any type of maintenance tax-supported debt. Maintenance tax-supported debt includes, but is not limited to:(A) time warrants or loans entered under TEC, Chapter 45, Subchapter E; or(B) any other type of loan or warrant that is not supported by bond taxes as defined by TEC, §45.003.(11) Notes issued to provide interim financing--an issuance of notes, including commercial paper notes, designed to provide short-term financing for the purposes of constructing, renovating, acquiring, and equipping school buildings; the purchase of property; or the purchase of school buses. For notes to be eligible for the guarantee under this section, the notes must be:(A) issued to pay costs for which bonds have been authorized at an election occurring before the issuance of the notes;(B) approved by the attorney general or issued in accordance with proceedings that have been approved by the attorney general; and(C) refunded by bonds issued to provide long-term financing no more than three years from the date of issuance of such notes, provided that the date of issuance of notes will be determined by reference to the date on which the notes were issued for capital expenditures and the intervening date or dates of issuance of any notes issued to refinance outstanding notes will be disregarded.(12) Refunding issue--an issuance of bonds for the purpose of refunding bonds, including notes issued to provide interim financing, that are supported by bond taxes as defined by TEC, §45.003. Eligibility for the guarantee for refunding issues is limited to refunding issues that refund bonds, including notes issued to provide interim financing, that were authorized by a bond election under TEC, §45.003.(13) Total debt service--total outstanding principal and interest on bonded debt.(A) The total debt service will be determined by the current report of the bonded indebtedness of the district as reported by the MAC of Texas or its successor as of the date of the application deadline, if the district has outstanding bonded indebtedness.(B) The total debt service does not include:(i) the amount of debt service to be paid on the bonds for which the reservation is sought; or(ii) the amount of debt service attributable to any debt that is no longer outstanding at the application deadline, provided that TEA has sufficient evidence of the discharge or defeasance of such debt.(C) Solely for the purpose of this calculation, the debt service amounts for variable rate bonds will be those that are published in the final official statement, or if there is no official statement, debt service amounts based on the maximum rate permitted by the bond order or other bond proceeding that establishes a maximum interest rate for the bonds.(c) Data sources.(1) The following data sources will be used for purposes of prioritization:(A) projected ADA for the current school year as adopted by the legislature for appropriations purposes;(B) final property values certified by the comptroller of public accounts, as described in the Texas Government Code, Chapter 403, Subchapter M, for the tax year preceding the year in which the bonds will be issued. If final property values are unavailable, the most recent projection of property values by the comptroller, as described in the Texas Government Code, Chapter 403, Subchapter M, will be used;(C) debt service information reported by the MAC of Texas or its successor as of the date of the application deadline; and(D) enrollment information reported to the Public Education Information Management System (PEIMS) for the five-year time period ending in the year before the application date.(2) The commissioner may consider adjustments to data values determined to be erroneous or not reflective of current conditions before the deadline for receipt of applications for that application cycle.(d) Bond eligibility.(1) Only those combination, new money, and refunding issues as defined in subsection (b)(7), (10), and (12), respectively, of this section are eligible to receive the guarantee.(2) Refunding issues must comply with the following requirements to retain eligibility for the guarantee for the refunding bonds, except that subparagraph (C) of this paragraph does not apply to a refunding issue that provides long-term financing for notes issued to provide interim financing.(A) As with any district applying for approval for the guarantee, the district issuing the refunding bonds must meet the requirements for initial approval specified in subsection (g)(2)(A) of this section.(B) The bonds to be refunded must have been:(i) previously guaranteed by the Permanent School Fund (PSF) or approved for credit enhancement under §61.1038 of this title (relating to School District Bond Enhancement Program);(ii) issued on or after November 1, 2008, and before January 1, 2010; or(iii) issued as notes to provide interim financing as defined in subsection (b)(11) of this section.(C) The district must demonstrate that issuing the refunding bond(s) will result in a present value savings to the district and that the refunding bond or bonds will not have a maturity date later than the final maturity date of the bonds being refunded. Present value savings is determined by computing the net present value of the difference between each scheduled payment on the original bonds and each scheduled payment on the refunding bonds. Present value savings must be computed at the true interest cost of the refunding bonds. If the commissioner approves refunding bonds for the guarantee based on evidence of present value savings but at the time of the sale of the refunding bonds a present value savings is not realized, the commissioner may revoke the approval of the bonds for the guarantee.(D) The refunding transaction must comply with the provisions of subsection (g)(4)(A)-(C) of this section.(3) If a district files an application for a combination issue, the application will be treated as an application for a single issue for the purposes of eligibility for the guarantee. A guarantee for the combination issue will be awarded only if both the new money portion and the refunding portion meet all of the applicable eligibility requirements described in this section. As part of its application, the applicant district must present data that demonstrate compliance for both the new money portion of the issue and the refunding portion of the issue.(4) If the commissioner determines that an applicant has deliberately misrepresented information related to a bond issue to secure a guarantee, the commissioner must revoke the approval of the bonds for the guarantee.(e) Determination of PSF capacity to guarantee bonds.(1) Each month the commissioner will estimate the available capacity of the PSF. If necessary, the commissioner will confirm that the PSF has sufficient capacity to guarantee the bonds before the issuance of the final approval for the guarantee in accordance with subsection (g)(3) of this section. The calculation of capacity will be based on a multiplier of three and one-half times the cost value of the PSF with the proviso that under no circumstances could the capacity of the fund exceed the limits set by federal regulation. The commissioner may increase or decrease the multiplier to prudently manage fund capacity and preserve the AAA credit rating of the PSF. Changes to the multiplier made by the commissioner are to be ratified or rejected by the State Board of Education (SBOE) at the next meeting for which the item can be posted.(2) The SBOE may establish an amount of capacity to be held in reserve of up to 5.0% of the fund's capacity. The amount to be held in reserve may be increased or decreased by a majority vote of the SBOE based on changes in the cost value, asset allocation, and risk in the portfolio, or may be increased or decreased by the commissioner as necessary to prudently manage fund capacity and preserve the AAA credit rating of the PSF. Changes to the amount held in reserve made by the commissioner are to be ratified or rejected by the SBOE at the next meeting for which the item can be posted.(3) The net capacity of the PSF to guarantee bonds is determined by subtracting the amount to be held in reserve, as determined under paragraph (2) of this subsection, from the total available capacity, as described in paragraph (1) of this subsection.(f) Application process and application processing.(1) Application submission and fee. A district must apply to the commissioner for the guarantee of eligible bonds or the credit enhancement of eligible bonds as authorized under §61.1038 of this title by submitting an application electronically through the website of the MAC of Texas or its successor. The district must submit the information required under TEC, §45.055(b), and this section and any additional information the commissioner may require. The application and all additional information required by the commissioner must be received before the application will be processed. The district may not submit an application for a guarantee or credit enhancement before the successful passage of an authorizing proposition.(A) The application fee is $1,500.(B) The fee is due at the time the application for the guarantee or the credit enhancement is submitted. An application will not be processed until the fee has been remitted according to the directions provided on the website of the MAC of Texas or its successor and received by TEA.(C) The fee will not be refunded to a district that:(i) is not approved for the guarantee or the credit enhancement; or(ii) does not sell its bonds before the expiration of its approval for the guarantee or the credit enhancement.(D) The fee may be transferred to a subsequent application for the guarantee or the credit enhancement by the district if the district withdraws its application and submits the subsequent application before the expiration of its approval for the guarantee or the credit enhancement.(2) Application prioritization and processing. Applications will be prioritized based on districts' property wealth per ADA, with the application of a district with a lower property wealth per ADA prioritized before that of a district with a higher property wealth per ADA. Applications may also be prioritized for districts that experience unforeseen catastrophes or emergencies that require the renovation or replacement of school facilities as described in TEC, §44.031(h). All applications received during a calendar month will be held until up to the 15th business day of the subsequent month. On or before the 15th business day of each month, the commissioner will announce the results of the prioritization and process applications for initial approval for the guarantee, up to the available net capacity as of the application deadline, subject to the requirements of this section.(A) Approval for guarantees will be awarded each month beginning with the districts with the lowest property wealth per ADA until the PSF reaches its net capacity to guarantee bonds.(B) Approval for guarantees will be awarded based on the fund's capacity to fully guarantee the bond issue for which the guarantee is sought. Applications for bond issues that cannot be fully guaranteed will not receive an award. The amount of bond issue for which the guarantee was requested may not be modified after the monthly application deadline for the purposes of securing the guarantee during the award process. If PSF net capacity has been exhausted, the commissioner will process the application for approval of the credit enhancement as specified in §61.1038 of this title.(C) The actual guarantee of the bonds is subject to the approval process prescribed in subsection (g) of this section.(D) An applicant school district is ineligible for consideration for the guarantee if its lowest credit rating from any nationally recognized investment rating firm as defined in subsection (b)(9) of this section is the same as or higher than that of the PSF.(3) Late application. An application received after the application deadline will be considered a valid application for the subsequent month, unless withdrawn by the submitting district before the end of the subsequent month.(4) Notice of application status. Each district that submits a valid application will be notified of the application status within 15 business days of the application deadline.(5) Reapplication. If a district does not receive approval for the guarantee or for any reason does not receive approval of the bonds from the attorney general within the time period specified in subsection (g)(4) of this section, the district may reapply in a subsequent month. Applications that were denied approval for the guarantee will not be retained for consideration in subsequent months.(g) Approval for the guarantee; district responsibilities on receipt of approval.(1) Initial and final approval provisions.(A) If, during the monthly estimation of PSF capacity described in subsection (e)(1) of this section, the commissioner determines that the available capacity of the PSF is 10% or less, the commissioner may require an applicant school district to obtain final approval for the guarantee as described in paragraph (3) of this subsection.(B) If the commissioner has not made such a determination:(i) the commissioner will consider the initial approval described in paragraph (2) of this subsection as both the initial and final approval; and(ii) an applicant school district that has received notification of initial approval for the guarantee, as described in paragraph (2) of this subsection, may consider that notification as notification of initial and final approval for the guarantee and may complete the sale of the applicable bonds.(2) Initial approval.(A) The following provisions apply to all applications for the guarantee, regardless of whether an application is for a new money, refunding, or combination issue. Under TEC, §45.056, the commissioner will investigate the applicant school district's accreditation status and financial status. A district must be accredited and financially sound to be eligible for initial approval by the commissioner. The commissioner's review will include the following:(i) the purpose of the bond issue;(ii) the district's accreditation status as defined by §97.1055 of this title (relating to Accreditation Status) in accordance with the following:(I) if the district's accreditation status is Accredited, the district will be eligible for consideration for the guarantee;(II) if the district's accreditation status is Accredited-Warned or Accredited-Probation, the commissioner will investigate the underlying reason for the accreditation rating to determine whether the accreditation rating is related to the district's financial soundness. If the accreditation rating is related to the district's financial soundness, the district will not be eligible for consideration for the guarantee; or(III) if the district's accreditation status is Not Accredited-Revoked, the district will not be eligible for consideration for the guarantee;(iii) the district's compliance with statutes and rules of TEA; and(iv) the district's financial status and stability, regardless of the district's accreditation rating, including approval of the bonds by the attorney general under the provisions of TEC, §45.0031 and §45.005.(B) The following limitation applies to applications for new money issues of bonds for which the election authorizing the issuance of the bonds was called after July 15, 2004. The commissioner will limit approval for the guarantee to a district that has, at the time of the application for the guarantee, less than 90% of the annual debt service of the district with the highest annual debt service per ADA, as determined by the commissioner annually, or less than 90% of the total debt service of the district with the highest total debt service per ADA, as determined by the commissioner annually. The limitation will not apply to school districts that have enrollment growth, as defined in subsection (b)(8) of this section, of at least 25%, based on PEIMS data on enrollment available at the time of application. The annual debt service amount is the amount defined by subsection (b)(1) of this section. The total debt service amount is the amount defined by subsection (b)(13) of this section.(C) The commissioner will grant or deny initial approval for the guarantee based on the review described in subparagraph (A) of this paragraph and the limitation described in subparagraph (B) of this paragraph and will provide an applicant district whose application has received initial approval for the guarantee written notice of initial approval.(3) Final approval. The provisions of this paragraph apply only as described in paragraph (1) of this subsection. A district must receive final approval before completing the sale of the bonds for which the district has received notification of initial approval.(A) A district that has received initial approval must provide a written notice to TEA two business days before issuing a preliminary official statement (POS) for the bonds that are eligible for the guarantee or two business days before soliciting investment offers, if the bonds will be privately placed without the use of a POS.(i) The district must receive written confirmation from TEA that the capacity continues to be available before proceeding with the public or private offer to sell bonds.(ii) TEA will provide this notification within one business day of receiving the notice of the POS or notice of other solicitation offers to sell the bonds.(B) A district that received confirmation from TEA in accordance with subparagraph (A) of this paragraph must provide written notice to TEA of the placement of an item to approve the bond sale on the agenda of a meeting of the school board of trustees no later than two business days before the meeting. If the bond sale is completed pursuant to a delegation by the board to a pricing officer or committee, notice must be given to TEA no later than two business days before the execution of a bond purchase agreement by such pricing officer or committee.(i) The district must receive written confirmation from TEA that the capacity continues to be available for the bond sale before the approval of the sale by the school board of trustees or by the pricing officer or committee.(ii) TEA will provide this notification within one business day before the date that the district expects to complete the sale by official action of the board or of a pricing officer or committee.(C) TEA will process requests for final approval from districts that have received initial approval on a first come, first served basis. Requests for final approval must be received before the expiration of the initial approval.(D) A district may provide written notification as required by this paragraph by facsimile transmission or by email in a manner prescribed by the commissioner.(4) District responsibilities on receipt of approval.(A) Once a district is awarded initial approval for the guarantee, each issuance of the bonds must be approved by the attorney general within 180 days of the date of the letter granting the approval for the guarantee. The initial approval for the guarantee will expire at the end of the 180-day period. The commissioner may extend the 180-day period, based on extraordinary circumstances, on receiving a written request from the district or the attorney general before the expiration of the 180-day period.(B) If the bonds are not approved by the attorney general within 180 days of the date of the letter granting the approval for the guarantee, the commissioner will consider the application withdrawn, and the district must reapply for a guarantee.(C) If applicable, the district must comply with the provisions for final approval described in paragraph (3) of this subsection to maintain approval for the guarantee.(D) A district may not represent bonds as guaranteed for the purpose of pricing or marketing the bonds before the date of the letter granting approval for the guarantee.(h) Financial exigency. The following provisions describe how a declaration of financial exigency under §109.2001 of this title (relating to Financial Exigency) affects a district's application for guarantee approval or a district's previously granted approval.(1) Application for guarantee of new money issue. The commissioner will deny approval of an application for the guarantee of a new money issue if the applicant school district has declared a state of financial exigency for the district's current fiscal year. The denial of approval will be in effect for the duration of the applicable fiscal year unless the district can demonstrate financial stability.(2) Approval granted before declaration. If in a given district's fiscal year the commissioner grants approval for the guarantee of a new money issue and the school district subsequently declares a state of financial exigency for that same fiscal year, the district must immediately notify the commissioner and may not offer the bonds for sale unless the commissioner determines that the district may proceed.(3) Application for guarantee of refunding issue. The commissioner will consider an application for the guarantee of a refunding issue that meets all applicable requirements specified in this section even if the applicant school district has declared a state of financial exigency for the district's current fiscal year. In addition to fulfilling all applicable requirements specified in this section, the applicant school district must also describe, in its application, the reason financial exigency was declared and how the refunding issue will support the district's financial recovery plan.(i) Allocation of specific holdings. If necessary to successfully operate the BGP, the commissioner may allocate specific holdings of the PSF to specific bond issues guaranteed under this section. This allocation will not prejudice the right of the SBOE to dispose of the holdings according to law and requirements applicable to the fund; however, the SBOE will ensure that holdings of the PSF are available for a substitute allocation sufficient to meet the purposes of the initial allocation. This allocation will not affect any rights of the bond holders under law.(j) Defeasance. The guarantee will be completely removed when bonds guaranteed by the BGP are defeased, and such a provision must be specifically stated in the bond order. If bonds guaranteed by the BGP are defeased, the district must notify the commissioner in writing within ten calendar days of the action.(k) Bonds issued before August 15, 1993. For bonds issued before August 15, 1993, a school district seeking the guarantee of eligible bonds must certify that, on the date of issuance of any bond, no funds received by the district from the Available School Fund (ASF) are reasonably expected to be used directly or indirectly to pay the principal or interest on, or the tender or retirement price of, any bond of the political subdivision or to fund a reserve or placement fund for any such bond.(l) Bonds guaranteed before December 1, 1993. For bonds guaranteed before December 1, 1993, if a school district cannot pay the maturing or matured principal or interest on a guaranteed bond, the commissioner will cause the amount needed to pay the principal or interest to be transferred to the district's paying agent solely from the PSF and not from the ASF. The commissioner also will direct the comptroller of public accounts to withhold the amount paid, plus interest, from the first state money payable to the district, excluding payments from the ASF.(m) Bonds issued after August 15, 1993, and guaranteed on or after December 1, 1993. If a school district cannot pay the maturing or matured principal or interest on a guaranteed bond, the commissioner will cause the amount needed to pay the principal or interest to be transferred to the district's paying agent from the PSF. The commissioner also will direct the comptroller of public accounts to withhold the amount paid, plus interest, from the first state money payable to the district, regardless of source, including the ASF.(n) Payments. For purposes of the provisions of TEC, Chapter 45, Subchapter C, matured principal and interest payments are limited to amounts due on guaranteed bonds at scheduled maturity, at scheduled interest payment dates, and at dates when bonds are subject to mandatory redemption, including extraordinary mandatory redemption, in accordance with the terms of the bond order. All such payment dates, including mandatory redemption dates, must be specified in the bond order or other document pursuant to which the bonds initially are issued. Without limiting the provisions of this subsection, payments attributable to an optional redemption or a right granted to a bondholder to demand payment on a tender of such bonds according to the terms of the bonds do not constitute matured principal and interest payments.(o) Guarantee restrictions. The guarantee provided for eligible bonds under the provisions of TEC, Chapter 45, Subchapter C, is restricted to matured bond principal and interest. The guarantee applies to all matured interest on eligible bonds, whether the bonds were issued with a fixed or variable interest rate and whether the interest rate changes as a result of an interest reset provision or other bond order provision requiring an interest rate change. The guarantee does not extend to any obligation of a district under any agreement with a third party relating to bonds that is defined or described in state law as a "bond enhancement agreement" or a "credit agreement," unless the right to payment of such third party is directly as a result of such third party being a bondholder.(p) Notice of default. A school district that has determined that it is or will be unable to pay maturing or matured principal or interest on a guaranteed bond must immediately, but not later than the fifth business day before maturity date, notify the commissioner.(q) Payment from PSF.(1) Immediately after the commissioner receives the notice described in subsection (p) of this section, the commissioner will instruct the comptroller to transfer from the appropriate account in the PSF to the district's paying agent the amount necessary to pay the maturing or matured principal or interest.(2) Immediately after receipt of the funds for payment of the principal or interest, the paying agent must pay the amount due and forward the canceled bond or coupon to the comptroller. The comptroller will hold the canceled bond or coupon on behalf of the PSF.(3) Following full reimbursement to the PSF with interest, the comptroller will further cancel the bond or coupon and forward it to the school district for which payment was made. Interest will be charged at the rate determined under the Texas Government Code, §2251.025(b). Interest will accrue as specified in the Texas Government Code, §2251.025(a) and (c).(r) Bonds not accelerated on default. If a school district fails to pay principal or interest on a guaranteed bond when it matures, other amounts not yet mature are not accelerated and do not become due by virtue of the school district's default.(s) Reimbursement of PSF. If payment from the PSF is made on behalf of a school district, the school district must reimburse the amount of the payment, plus interest, in accordance with the requirements of TEC, §45.061.(t) Repeated failure to pay. If a total of two or more payments are made under the BGP or the credit enhancement program authorized under §61.1038 of this title on the bonds of a school district, the commissioner will take action in accordance with the provisions of TEC, §45.062.</content><note type="source"><p>Source Note: The provisions of this §33.6 adopted to be effective March 1, 2023, 48 TexReg 1043.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c33/scA/s33.7"><num value="33.7">§33.7</num><heading>Bond Guarantee Program for Charter Schools</heading><content>(a) Statutory provision. The commissioner of education must administer the guarantee program for open-enrollment charter school bonds according to the provisions of Texas Education Code (TEC), Chapter 45, Subchapter C.(b) Definitions. The following definitions apply to the guarantee program for open-enrollment charter school bonds.(1) Amortization expense--the annual expense of any debt and/or loan obligations.(2) Annual debt service--payments of principal and noncapitalized interest on outstanding bonded debt scheduled to occur during a charter district's fiscal year as reported by the Municipal Advisory Council (MAC) of Texas or its successor, if the charter district is responsible for outstanding bonded indebtedness.(A) The annual debt service will be determined by the current report of the bonded indebtedness of the charter district as reported by the MAC of Texas or its successor as of the date of the application deadline.(B) Solely for the purpose of this calculation, the debt service amounts for variable rate bonds will be those that are published in the final official statement or, if there is no official statement, debt service amounts based on the maximum rate permitted by the bond resolution or other bond proceeding that establishes a maximum interest rate for the bonds.(C) Annual debt service includes required payments into a sinking fund as authorized under 26 United States Code (USC) §54A(d)(4)(C), provided that the sinking fund is maintained by a trustee or other entity approved by the commissioner that is not under the control or common control of the charter district.(3) Application deadline--the last business day of the month in which an application for a guarantee is filed. Applications must be submitted electronically through the website of the MAC of Texas or its successor by 5:00 p.m. on the last business day of the month to be considered in that month's application processing. This application deadline does not apply to applications for issues to refund bonds previously guaranteed by the Bond Guarantee Program.(4) Board resolution--the resolution adopted by the governing body of an open-enrollment charter holder that:(A) requests guarantee of bonds through the Bond Guarantee Program; and(B) authorizes the charter holder's administration to pursue bond financing.(5) Bond--a debt security issuance approved by the attorney general, issued under TEC, Chapter 53, to provide long-term financing with a maturity schedule of at least three years.(6) Bond Guarantee Program (BGP)--the guarantee program that is described by this section and established under TEC, Chapter 45, Subchapter C.(7) Bond resolution--the resolution, indenture, or other instrument adopted by the governing body of an issuer of bonds authorizing the issuance of bonds for the benefit of a charter district.(8) Charter district--an open-enrollment charter holder designated as a charter district under subsection (e) of this section, as authorized by TEC, §12.135.(9) Combination issue--an issuance of bonds for which an application for a guarantee is filed that includes both a new money portion and a refunding portion, as permitted by TEC, Chapter 53. The eligibility of combination issues for the guarantee is limited by the eligibility of the new money and refunding portions as defined in this subsection.(10) Debt service coverage ratio--a measure of a charter district's ability to pay interest and principal with cash generated from current operations. The debt service coverage ratio (total debt service coverage on all long-term capital debt) equals the excess of revenues over expenses plus interest expense plus depreciation expense plus amortization expense, all divided by annual debt service. The calculation can be expressed as: (Excess of revenues over expenses + interest expense + depreciation expense + amortization expense)/ annual debt service.(11) Depreciation expense--the audited amount of depreciation that was expensed during the fiscal period.(12) Educational facility--a classroom building, laboratory, science building, faculty or administrative office building, or other facility used exclusively for the conduct of the educational and administrative functions of a charter school.(13) Foundation School Program (FSP)--the program established under TEC, Chapters 41, 42, and 46, or any successor program of state appropriated funding for school districts in the state of Texas.(14) Long-term debt--any debt of the charter district that has a term of greater than three years and is secured on a parity basis with the bonds to be guaranteed.(15) Maximum annual debt service--as of any date of calculation, the highest annual debt service requirements with respect to all outstanding long-term debt for any succeeding fiscal year.(16) Nationally recognized investment rating firm--an investment rating firm that is designated by the United States Securities and Exchange Commission as a nationally recognized statistical rating organization (NRSRO) and is demonstrating that it has:(A) had its current NRSRO designation for at least three consecutive years;(B) provided credit ratings to each of the following:(i) fifteen or more fixed income securities denominated in United States dollars and issued during the immediately preceding three years;(ii) ten or more school districts in the United States;(iii) one or more charter schools in the United States; and(C) a documented separation of duties between employees involved in credit analysis and employees involved in business relationships with clients.(17) New money issue--an issuance of revenue bonds under TEC, Chapter 53, for the purposes of:(A) the acquisition, construction, repair, or renovation of an educational facility of an open-enrollment charter school and equipping real property of an open-enrollment charter school, provided that any bonds for student or teacher housing must meet the following criteria:(i) the proposed housing is contemplated in the charter or charter application; and(ii) the proposed housing is an essential and integral part of the educational program included in the charter contract; or(B) the refinancing of one or more promissory notes executed by an open-enrollment charter school, each in an amount in excess of $500,000, that evidence one or more loans from a national or regional bank, nonprofit corporation, or foundation that customarily makes loans to charter schools, the proceeds of which loans were used for a purpose described in subparagraph (A) of this paragraph; or(C) both.(18) Open-enrollment charter--this term has the meaning assigned in §100.1001 of this title (relating to Definitions).(19) Open-enrollment charter holder--this term has the meaning assigned to the term "charter holder" in TEC, §12.1012.(20) Open-enrollment charter school--this term has the meaning assigned to the term "charter school" in §100.1001 of this title.(21) Open-enrollment charter school campus--this term has the meaning assigned to the term "charter school campus" in §100.1001 of this title.(22) Refunding issue--an issuance of bonds under TEC, Chapter 53, for the purpose of refunding:(A) bonds that have previously been issued under that chapter and have previously been approved by the attorney general; or(B) bonds that have previously been issued for the benefit of an open-enrollment charter school under Vernon's Civil Statutes, Article 1528m, and have previously been approved by the attorney general.(c) Bond eligibility.(1) Only those combination, new money, and refunding issues as defined in subsection (b)(9), (17), and (22), respectively, of this section are eligible to receive the guarantee. The bonds must, without the guarantee, be rated as investment grade by a nationally recognized investment rating firm and must be issued on or after September 28, 2011.(2) Refunding issues must comply with the following requirements to retain eligibility for the guarantee for the refunding bonds.(A) As with any open-enrollment charter holder applying for approval for the guarantee, the charter holder for which the refunding bonds are being issued must meet the requirements for charter district designation specified in subsection (e)(2) of this section and the requirements for initial approval specified in subsection (f)(3)(A) of this section.(B) The charter holder must demonstrate that issuing the refunding bond(s) will result in a present value savings to the charter holder. Present value savings is determined by computing the net present value of the difference between each scheduled payment on the original bonds and each scheduled payment on the refunding bonds. Present value savings must be computed at the true interest cost of the refunding bonds. If the commissioner approves refunding bonds for the guarantee based on evidence of present value savings but at the time of the sale of the refunding bonds a present value savings is not realized, the commissioner may revoke the approval of the bonds for the guarantee.(C) For issues that refund bonds previously guaranteed by the BGP, the charter holder must demonstrate that the refunding bond or bonds will not have a maturity date later than the final maturity date of the bonds being refunded.(D) The refunding transaction must comply with the provisions of subsection (f)(5)(A)-(C) and (E) of this section.(3) If an open-enrollment charter holder files an application for a combination issue, the application will be treated as an application for a single issue for the purposes of eligibility for the guarantee. A guarantee for the combination issue will be awarded only if both the new money portion and the refunding portion meet all of the applicable eligibility requirements described in this section. As part of its application, the charter holder making the application must present data that demonstrate compliance for both the new money portion of the issue and the refunding portion of the issue.(4) If the commissioner determines that an applicant has deliberately misrepresented information related to a bond issue to secure a guarantee, the commissioner must revoke the approval of the bonds for the guarantee.(d) Determination of Permanent School Fund (PSF) capacity to guarantee bonds for charter districts.(1) Each month the commissioner will estimate the available capacity of the PSF to guarantee bonds for charter districts. This capacity is determined by multiplying the net capacity determined under §33.6 of this title (relating to Bond Guarantee Program for School Districts) by the percentage of the number of students enrolled in open-enrollment charter schools in this state compared to the total number of students enrolled in all public schools in this state, as determined by the commissioner. The commissioner's determination of the number of students enrolled in open-enrollment charter schools in this state and the number of students enrolled in all public schools in this state is based on the enrollment data submitted by school districts and charter schools to the Public Education Information Management System (PEIMS) during the most recent fall PEIMS submission. Annually, the commissioner will post the applicable student enrollment numbers and the percentage of students enrolled in open-enrollment charter schools on the Texas Education Agency (TEA) web page related to the BGP. The commissioner shall hold the percentage established by the State Board of Education (SBOE) under §33.6(e)(2) of this title of the charter school available capacity in reserve each month.(2) Up to half of the total capacity of the PSF to guarantee bonds for charter districts may be used to guarantee charter district refunding bonds.(e) Application process and application processing. An open-enrollment charter holder must apply to the commissioner for the guarantee of eligible bonds by submitting an application electronically through the website of the MAC of Texas or its successor. Before an application for the guarantee will be considered, a charter holder must first be determined by the commissioner to meet criteria for designation as a charter district for purposes of this section. The application submitted through the website of the MAC of Texas or its successor will serve as both a charter holder's application for designation as a charter district and its application for the guarantee.(1) Application submission and fee. As part of its application, an open-enrollment charter holder must submit the information required under TEC, §45.055(b), and this section and any additional information the commissioner may require. The application and all additional information required by the commissioner must be received before the application will be processed. The open-enrollment charter holder may not submit an application for a guarantee before the governing body of the charter holder adopts a board resolution as defined in subsection (b)(4) of this section.(A) The amount of the application fee is the amount specified in §33.6 of this title.(B) The fee is due at the time the application for charter district designation and the guarantee is submitted. An application will not be processed until the fee has been remitted according to the directions provided on the website of the MAC of Texas or its successor and received by TEA.(C) The fee will not be refunded to an applicant that:(i) is designated a charter district but is not approved for the guarantee; or(ii) receives approval for the guarantee but does not sell its bonds before the expiration of its approval for the guarantee.(D) The fee may be transferred to a subsequent application for the guarantee by a charter district that has been approved for the guarantee if the charter district withdraws its application and submits the subsequent application before the expiration of its approval for the guarantee.(2) Eligibility to be designated a charter district.(A) To be designated a charter district and have its application for the guarantee considered by the commissioner, an open-enrollment charter holder must:(i) have operated at least one open-enrollment charter school in the state of Texas for at least three years and have had students enrolled in the school for those three years;(ii) identify in its application for which open-enrollment charter school and, if applicable, for which open-enrollment charter school campus the bond funds will be used;(iii) in its application, agree that the bonded indebtedness for which the guarantee is sought will be undertaken as an obligation of all entities under common control of the open-enrollment charter holder and agree that all such entities will be liable for the obligation if the open-enrollment charter holder defaults on the bonded indebtedness, provided that an entity that does not operate a charter school in Texas is subject to this subparagraph only to the extent that it has received state funds from the open-enrollment charter holder;(iv) not have an unresolved corrective action that is more than one year old, unless the open-enrollment charter holder has taken appropriate steps, as determined by the commissioner, to begin resolving the action;(v) have had, for the past three years, an audit as required by §100.1047 of this title (relating to Accounting for State and Federal Funds) that was completed with unqualified or unmodified opinions;(vi) have received an investment grade credit rating from a nationally recognized investment rating firm as defined in subsection (b)(16) of this section as specified by TEC, §45.0541, within the last year; and(vii) not have materially violated a covenant relating to debt obligation in the immediately preceding three years.(B) For an open-enrollment charter holder to be designated a charter district and have its application for the guarantee considered by the commissioner, each open-enrollment charter school operated under the charter must not have an accreditation rating of Not Accredited-Revoked and must have a rating of met standard or met alternative standard as its most recent state academic accountability rating. However, if an open-enrollment charter school operated under the charter is not yet rated because the school is in its first year of operation, that fact will not impact the charter holder's eligibility to be designated a charter district and apply for the guarantee.(3) Application processing. All applications received during a calendar month that were submitted by open-enrollment charter holders determined to meet the criteria in paragraph (2) of this subsection will be held until the 15th business day of the subsequent month. On the 15th business day of each month, the commissioner will announce the results of the pro rata allocation of available capacity, if pro rata allocation is necessary, and process applications for initial approval for the guarantee, up to the available capacity as of the application deadline, subject to the requirements of this section.(A) If the available capacity is insufficient to guarantee the total value of the bonds for all applicant charter districts, the commissioner will allocate the available capacity on a pro rata basis to each applicant charter district. For each applicant, the commissioner will determine the percentage of the total amount of all applicants' proposed bonds that the applicant's proposed bonds represent. The commissioner will then allocate to that applicant the same percentage of the available capacity, but in no event will an allocation be equal to an amount less than $500,000.(B) The actual guarantee of the bonds is subject to the approval process prescribed in subsection (f) of this section.(C) An applicant charter district is ineligible for consideration for the guarantee if its lowest credit rating from any nationally recognized investment rating firm as defined in subsection (b)(16) of this section is the same as or higher than that of the PSF.(4) Late application. An application received after the application deadline will be considered a valid application for the subsequent month, unless withdrawn by the submitting open-enrollment charter holder before the end of the subsequent month.(5) Notice of application status. Each open-enrollment charter holder that submits a valid application will be notified of the application status within 15 business days of the application deadline.(6) Reapplication. If an open-enrollment charter holder does not receive designation as a charter district, does not receive approval for the guarantee, or for any reason does not receive approval of the bonds from the attorney general within the time period specified in subsection (f)(5) of this section, the charter holder may reapply in a subsequent month. An application that was denied approval for the guarantee or that was submitted by a charter holder that the commissioner determined did not meet the criteria for charter district designation will not be retained for consideration in subsequent months. A reapplication fee will be required unless the conditions described in subsection (e)(1)(D) of this section apply to the charter holder.(f) Approval for the guarantee; charter district responsibilities on receipt of approval.(1) Approval for the guarantee and charter renewal or amendment.(A) If an open-enrollment charter holder applies for the guarantee within the 12 months before the charter holder's charter is due to expire, application approval will be contingent on successful renewal of the charter, and the bonds for which the open-enrollment charter holder is applying for the guarantee may not be issued before the successful renewal of the charter.(B) If an open-enrollment charter holder proposes to use the proceeds of the bonds for which it is applying for the guarantee for an expansion that requires a charter amendment, application approval will be contingent on approval of the amendment, and the bonds may not be issued before approval of the amendment.(2) Initial and final approval provisions.(A) The commissioner may require an applicant charter district to obtain final approval for the guarantee as described in paragraph (4) of this subsection if:(i) during the monthly estimation of PSF capacity described in §33.6 of this title, the commissioner determines that the available capacity of the PSF as described in §33.6 of this title is 10% or less; or(ii) during the monthly estimation of the available capacity of the PSF to guarantee bonds for charter districts described in subsection (d) of this section, the commissioner determines that the available capacity of the PSF to guarantee bonds for charter districts is 10% or less.(B) If the commissioner has not made such a determination:(i) the commissioner will consider the initial approval described in paragraph (3) of this subsection as both the initial and final approval; and(ii) an applicant charter district that has received notification of initial approval for the guarantee, as described in paragraph (3) of this subsection, may consider that notification as notification of initial and final approval for the guarantee and may complete the sale of the applicable bonds.(3) Initial approval.(A) The following provisions apply to all applications for the guarantee, regardless of whether an application is for a new money, refunding, or combination issue. Under TEC, §45.056, the commissioner will investigate the financial status of the applicant charter district and the accreditation status of all open-enrollment charter schools operated under the charter. For the charter district's application to be eligible for initial approval by the commissioner, each open-enrollment charter school operated under the charter must be accredited, and the charter district must be financially sound. The commissioner's review will include review of the following:(i) the purpose of the bond issue;(ii) the accreditation status, as defined by §97.1055 of this title (relating to Accreditation Status), of all open-enrollment charter schools operated under the charter in accordance with the following, except that, if an open-enrollment charter school operated under the charter has not yet received an accreditation rating because it is in its first year of operation, that fact will not impact the charter district's eligibility for consideration for the guarantee:(I) if the accreditation status of all open-enrollment charter schools operated under the charter is Accredited, the charter district will be eligible for consideration for the guarantee;(II) if the accreditation status of any open-enrollment charter school operated under the charter is Accredited-Warned or Accredited-Probation, the commissioner will investigate the underlying reason for the accreditation rating to determine whether the accreditation rating is related to the open-enrollment charter school's financial soundness. If the accreditation rating is related to the open-enrollment charter school's financial soundness, the charter district will not be eligible for consideration for the guarantee; or(III) if the accreditation status of any open-enrollment charter school operated under the charter is Not Accredited-Revoked, the charter district will not be eligible for consideration for the guarantee;(iii) the charter district's financial status and stability, regardless of each open-enrollment charter school's accreditation rating, including approval of the bonds by the attorney general under the provisions of TEC, §53.40;(iv) whether TEA has required the charter district to submit a financial plan under §109.1101 of this title (relating to Financial Solvency Review) in the last three years;(v) the audit history of the charter district and of all open-enrollment charter schools operated under the charter;(vi) the charter district's compliance with statutes and rules of TEA and with applicable state and federal program requirements and the compliance of all open-enrollment charter schools operated under the charter with these statutes, rules, and requirements;(vii) any interventions and sanctions to which the charter district has been subject; to which any of the open-enrollment charter schools operated under the charter has been subject; and, if applicable, to which any of the open-enrollment charter school campuses operated under the charter has been subject;(viii) formal complaints received by TEA that have been made against the charter district, against any of the open-enrollment charter schools operated under the charter, or against any of the open-enrollment charter school campuses operated under the charter;(ix) the state academic accountability rating of all open-enrollment charter schools operated under the charter and the campus ratings of all open-enrollment charter school campuses operated under the charter;(x) any unresolved corrective actions that are less than one year old; and(xi) whether the charter district is considered a high-risk grantee by the TEA office responsible for planning, grants, and evaluation.(B) The commissioner will limit approval for the guarantee to a charter district with a historical debt service coverage ratio, based on annual debt service, of at least 1.1 for the most recently completed fiscal year and a projected debt service coverage ratio, based on projected revenues and expenses and maximum annual debt service, of at least 1.2. If the bond issuance for which an application has been submitted is the charter district's first bond issuance, the commissioner will evaluate only projected debt service coverage. Projections of revenues and expenses are subject to approval by the commissioner.(C) The commissioner will grant or deny initial approval for the guarantee based on the review described in subparagraph (A) of this paragraph and the limitation described in subparagraph (B) of this paragraph and will provide an applicant charter district whose application has received initial approval for the guarantee written notice of initial approval.(4) Final approval. The provisions of this paragraph apply only as described in paragraph (2) of this subsection. A charter district must receive final approval before completing the sale of the bonds for which the charter district has received notification of initial approval.(A) A charter district that has received initial approval must provide a written notice to TEA two business days before issuing a preliminary official statement (POS) for the bonds that are eligible for the guarantee or two business days before soliciting investment offers, if the bonds will be privately placed without the use of a POS.(i) The charter district must receive written confirmation from TEA that the capacity continues to be available and must continue to meet the requirements of subsection (e)(2) of this section before proceeding with the public or private offer to sell bonds.(ii) TEA will provide this notification within one business day of receiving the notice of the POS or notice of other solicitation offers to sell the bonds.(B) A charter district that received confirmation from TEA in accordance with subparagraph (A) of this paragraph must provide written notice to TEA of the placement of an item to approve the bond sale on the agenda of a meeting of the bond issuer's board of directors no later than two business days before the meeting. If the bond sale is completed pursuant to a delegation by the issuer to a pricing officer or committee, notice must be given to TEA no later than two business days before the execution of a bond purchase agreement by such pricing officer or committee.(i) The charter district must receive written confirmation from TEA that the capacity continues to be available for the bond sale before the approval of the sale by the bond issuer or by the pricing officer or committee.(ii) TEA will provide this notification within one business day before the date that the bond issuer expects to complete the sale by official action of the bond issuer or of a pricing officer or committee.(C) TEA will process requests for final approval from charter districts that have received initial approval on a first come, first served basis. Requests for final approval must be received before the expiration of the initial approval.(D) A charter district may provide written notification as required by this paragraph by facsimile transmission, by email, or in another manner prescribed by the commissioner.(5) Charter district responsibilities on receipt of approval.(A) Once a charter district is awarded initial approval for the guarantee, each issuance of the bonds must be approved by the attorney general within 180 days of the date of the letter granting the approval for the guarantee. The initial approval for the guarantee will expire at the end of the 180-day period. The commissioner may extend the 180-day period, based on extraordinary circumstances, on receiving a written request from the charter district or the attorney general before the expiration of the 180-day period.(B) If applicable, the charter district must comply with the provisions for final approval described in paragraph (4) of this subsection to maintain approval for the guarantee.(C) If the bonds are not approved by the attorney general within 180 days of the date of the letter granting the approval for the guarantee, the commissioner will consider the application withdrawn, and the charter district must reapply for a guarantee.(D) A charter district may not represent bonds as guaranteed for the purpose of pricing or marketing the bonds before the date of the letter granting approval for the guarantee.(E) The charter district must provide evidence of the final investment grade rating of the bonds to TEA after receiving initial approval but before the distribution of the preliminary official statement for the bonds or, if the bonds are offered in a private placement, before approval of the bond sale by the governing body of the charter district.(F) A charter district must identify by legal description any educational facility purchased or improved with bond proceeds no later than 30 days after entering into a binding commitment to expend bond proceeds for that purpose. The charter district must identify at that time whether and to what extent debt service will be paid with any source of revenue other than state funds.(g) Allocation of specific holdings. If necessary to successfully operate the BGP, the commissioner may allocate specific holdings of the PSF to specific bond issues guaranteed under this section. This allocation will not prejudice the right of the SBOE to dispose of the holdings according to law and requirements applicable to the fund; however, the SBOE will ensure that holdings of the PSF are available for a substitute allocation sufficient to meet the purposes of the initial allocation. This allocation will not affect any rights of the bond holders under law.(h) Defeasance. The guarantee will be completely removed when bonds guaranteed by the BGP are defeased, and such a provision must be specifically stated in the bond resolution. If bonds guaranteed by the BGP are defeased, the charter district must notify the commissioner in writing within ten calendar days of the action.(i) Payments. For purposes of the provisions of TEC, Chapter 45, Subchapter C, matured principal and interest payments are limited to amounts due on guaranteed bonds at scheduled maturity, at scheduled interest payment dates, and at dates when bonds are subject to mandatory redemption, including extraordinary mandatory redemption, in accordance with their terms. All such payment dates, including mandatory redemption dates, must be specified in the bond order or other document pursuant to which the bonds initially are issued. Without limiting the provisions of this subsection, payments attributable to an optional redemption or a right granted to a bondholder to demand payment on a tender of such bonds according to the terms of the bonds do not constitute matured principal and interest payments.(j) Guarantee restrictions. The guarantee provided for eligible bonds under the provisions of TEC, Chapter 45, Subchapter C, is restricted to matured bond principal and interest. The guarantee applies to all matured interest on eligible bonds, whether the bonds were issued with a fixed or variable interest rate and whether the interest rate changes as a result of an interest reset provision or other bond resolution provision requiring an interest rate change. The guarantee does not extend to any obligation of a charter district under any agreement with a third party relating to bonds that is defined or described in state law as a "bond enhancement agreement" or a "credit agreement," unless the right to payment of such third party is directly as a result of such third party being a bondholder.(k) Notice of default. A charter district that has determined that it is or will be unable to pay maturing or matured principal or interest on a guaranteed bond must immediately, but not later than the fifth business day before the maturing or matured principal or interest becomes due, notify the commissioner.(l) Charter District Bond Guarantee Reserve Fund. The Charter District Bond Guarantee Reserve Fund is a special fund in the state treasury outside the general revenue fund and is managed by the SBOE in the same manner that the PSF is managed by the SBOE.(m) Payment from Charter District Bond Guarantee Reserve Fund and PSF.(1) Immediately after the commissioner receives the notice described in subsection (k) of this section, the commissioner will notify the Texas PSF Corporation of the notice of default and instruct the comptroller to transfer from the Charter District Bond Guarantee Reserve Fund established under TEC, §45.0571, to the charter district's paying agent the amount necessary to pay the maturing or matured principal or interest.(2) If money in the reserve fund is insufficient to pay the amount due on a bond under paragraph (1) of this subsection, the commissioner will instruct the comptroller to transfer from the appropriate account in the PSF to the charter district's paying agent the amount necessary to pay the balance of the unpaid maturing or matured principal or interest.(3) Immediately after receipt of the funds for payment of the principal or interest, the paying agent must pay the amount due and forward the canceled bond or coupon to the comptroller. The comptroller will hold the canceled bond or coupon on behalf of the fund or funds from which payment was made.(4) To ensure that the charter district reimburses the reserve fund and the PSF, if applicable, the commissioner will withhold from state funds otherwise payable to the charter district the amount that the charter district owes in reimbursement.(5) Funds intercepted for reimbursement under paragraph (4) of this subsection will be used to fully reimburse the PSF before any funds reimburse the reserve fund. If the funds intercepted under paragraph (4) of this subsection are insufficient to fully reimburse the PSF with interest, subsequent payments into the reserve fund will first be applied to any outstanding obligation to the PSF.(6) Following full reimbursement to the reserve fund and the PSF, if applicable, with interest, the comptroller will further cancel the bond or coupon and forward it to the charter district for which payment was made. Interest will be charged at the rate determined under the Texas Government Code (TGC), §2251.025(b). Interest will accrue as specified in the TGC, §2251.025(a) and (c). For purposes of this section, the "date the payment becomes overdue" that is referred to in the TGC, §2251.025(a), is the date that the comptroller makes the payment to the charter district's paying agent.(n) Bonds not accelerated on default. If a charter district fails to pay principal or interest on a guaranteed bond when it matures, other amounts not yet mature are not accelerated and do not become due by virtue of the charter district's default.(o) Reimbursement of Charter District Bond Guarantee Reserve Fund or PSF. If payment from the Charter District Bond Guarantee Reserve Fund or the PSF is made on behalf of a charter district, the charter district must reimburse the amount of the payment, plus interest, in accordance with the requirements of TEC, §45.061.(p) Repeated failure to pay. If a total of two or more payments are made under the BGP on the bonds of a charter district, the commissioner may take action in accordance with the provisions of TEC, §45.062.(q) Report on the use of funds and confirmation of use of funds by independent auditor. A charter district that issues bonds approved for the guarantee must report to TEA annually in a form prescribed by the commissioner on the use of the bond funds until all bond proceeds have been spent. The charter district's independent auditor must confirm in the charter district's annual financial report that bond funds have been used in accordance with the purpose specified in the application for the guarantee.(r) Failure to comply with statute or this section. An open-enrollment charter holder's failure to comply with the requirements of TEC, Chapter 45, Subchapter C, or with the requirements of this section, including by making any material misrepresentations in the charter holder's application for charter district designation and the guarantee, constitutes a material violation of the open-enrollment charter holder's charter.</content><note type="source"><p>Source Note: The provisions of this §33.7 adopted to be effective March 1, 2023, 48 TexReg 1043.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c33/scA/s33.8"><num value="33.8">§33.8</num><heading>Compliance with Securities and Exchange Commission (SEC) Rule 15c2-12 Pertaining to Disclosure of Information Relating to the Bond Guarantee Program</heading><content>(a) Definitions. As used in this section, the following terms have the meanings ascribed to such terms below.(1) Agency means the Texas Education Agency and any successors or assigns thereto with respect to the management and administration of the Program or the investment of the Permanent School Fund.(2) Financial Obligation means, with respect to the Program, a:(A) debt obligation;(B) derivative instrument entered into in connection with, or pledged as security or a source of a payment for, an existing or planned debt obligation; or(C) guarantee of a debt obligation or any such derivative instrument; provided that "financial obligation" shall not include municipal securities as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule.(3) Guaranteed Bonds means obligations for which application is made and granted for a guarantee under the Program.(4) Issuing District means a school district or charter district which issues Guaranteed Bonds.(5) MSRB means the Municipal Securities Rulemaking Board or any successor to its functions under the Rule.(6) Official Statement means each offering document of an Issuing District used in the offering and/or sale of Guaranteed Bonds.(7) Order means the resolution, order, ordinance or other instrument or instruments of an Issuing District pursuant to which Guaranteed Bonds are issued and the rights of the holders and beneficial owners thereof are established.(8) Permanent School Fund means the perpetual school fund established by Article VII, Section 2 of the Texas Constitution.(9) Program means the program of bond guarantee by the Permanent School Fund, which program has been established by Article VII, Sections 2 and 5 of the Texas Constitution, and is administered in accordance with Subchapter C, Chapter 45, Texas Education Code, as amended, and the rules and regulations of the Agency. The term Program shall also include the rules, regulations and policies of the Agency with respect to the administration of such program of guarantee of school district bonds, as well as the rules, regulations, policies of the Agency with respect to the administration, and the operational and financial results, of the Permanent School Fund.(10) Program Regulation means this rule of the Agency which is promulgated for the purpose of establishing and undertaking with respect to the Program which satisfies the requirements of the Rule.(11) PSF Corporation means the Permanent School Fund Corporation created by the State Board of Education pursuant to, and having the powers set forth in, Subchapter B of Chapter 43, Texas Education Code, as amended.(12) Rule means SEC Rule 15c2-12, as amended from time to time.(13) SEC means the United States Securities and Exchange Commission.(b) Annual Reports.(1) The Agency shall provide annually to the MSRB, within six months after the end of each fiscal year, financial information and operating data with respect to Program of the general type which describes the Program and which is included in an Official Statement for Guaranteed Bonds, which is prepared by the PSF Corporation. Any financial statements to be provided need not be audited. Such information shall be transmitted electronically to the MSRB, in such format and accompanied by such identifying information as prescribed by the MSRB.(2) If the Agency changes its fiscal year from the year ending August 31, it will file notice with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Agency otherwise would be required to provide financial information and data pursuant to this section.(3) The financial information and operating data to be provided pursuant to this section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to either the MSRB or filed with the SEC.(c) Event Notices.(1) The Agency shall notify the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event), of any of the following events with respect to the Program:(A) Principal and interest payment delinquencies;(B) Non-payment related defaults if such event is material within the meaning of the federal securities laws;(C) Unscheduled draws on debt service reserves reflecting financial difficulties;(D) Unscheduled draws on credit enhancements reflecting financial difficulties;(E) Substitution of credit or liquidity providers, or their failure to perform;(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Program, or other material events affecting the tax status of the Program;(G) Modifications to rights of holders of the Bonds, if such event is material within the meaning of the federal securities laws;(H) Bond calls, if such event is material within the meaning of the federal securities laws, and tender offers;(I) Defeasances;(J) Release, substitution, or sale of property securing repayment of Guaranteed Bonds, if such event is material within the meaning of the federal securities laws;(K) Rating changes of the Program;(L) Bankruptcy, insolvency, receivership, or similar event of the Program, which shall occur as described below;(M) The consummation of a merger, consolidation, or acquisition involving the Program or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if such event is material within the meaning of the federal securities laws;(N) Appointment of a successor or additional trustee with respect to the Program or the change of name of a trustee, if such event is material within the meaning of the federal securities laws;(O) The incurrence of a financial obligation of the Program, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the Program, any of which affect security holders, if material; and(P) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the Program, any of which reflect financial difficulties.(2) For these purposes, any event described in the immediately preceding paragraph (L) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the Program in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Program, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Program.(3) The Agency shall notify the MSRB, in a timely manner, of any failure by the Agency to provide financial information or operating data in accordance with Section 1 of this Program Regulation by the time required by such Section.(4) Nothing in this Program Regulation shall obligate the Agency to make any filings or disclosures with respect to Guaranteed Bonds, as the obligations of the Agency hereunder pertain solely to the Program.(d) Limitations, Disclaimers, and Amendments.(1) With respect to a series of Guaranteed Bonds, the Agency shall be obligated to observe and perform the covenants specified in this Program Regulation for so long as, but only for so long as, the Agency remains an "obligated person" with respect to the Guaranteed Bonds within the meaning of the Rule.(2) The provisions of this Program Regulation are for the sole benefit of each Issuing District, as well as holders and beneficial owners of the Guaranteed Bonds; nothing in this Program Regulation, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Agency undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Program Regulation and does not hereby undertake to provide any other information, even if such information may be relevant or material to a complete presentation of the Program's financial results, condition, or prospects. The Agency does not undertake to update any information provided in accordance with this Program Regulation or otherwise, except as expressly provided herein. The Agency does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Guaranteed Bonds at any time.(3) Under no circumstances shall the Agency or the Program be liable to the holder or beneficial owner of any Guaranteed Bond, the Issuing District or any other person or entity, in contract or tort, for damages resulting in whole or in part from any breach by the Agency, whether negligent or without fault on its part, of any covenant specified in this Program Regulation, but every right and remedy of any such person, in contract or tort, for or on account of any such breach shall be limited to an action for mandamus or specific performance.(4) No default by the Agency in observing or performing its obligations under this Program Regulation shall comprise a breach of or default under the Order for purposes of any other provision of the Order. Nothing in this Program Regulation is intended or shall act to disclaim, waive, or otherwise limit the duties of the Agency under federal and state securities laws.(5) The provisions of this Program Regulation may be amended by the Agency from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Agency, but only if:(A) the provisions of this Program Regulation, as so amended, would have permitted an underwriter to purchase or sell Guaranteed Bonds in the primary offering of the Guaranteed Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances; and(B) either:(i) the holders of a majority in aggregate principal amount of the outstanding Guaranteed Bonds consent to such amendment, or(ii) a person that is unaffiliated with the Agency (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest of the holders and beneficial owners of the Guaranteed Bonds.(6) If the Agency so amends the provisions of this Program Regulation, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this section (relating to Compliance with SEC Rule 15c2-12 Pertaining to Disclosure of Information Relating to the Bond Guarantee Program) an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Agency may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Guaranteed Bonds in the primary offering of the Guaranteed Bonds.</content><note type="source"><p>Source Note: The provisions of this §33.8 adopted to be effective March 1, 2023, 48 TexReg 1043.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c33/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES</heading><section identifier="/us/state/tx/tac/t19/p2/c33/scAA/s33.1001"><num value="33.1001">§33.1001</num><heading>Payments for Remittance to Charter District Bond Guarantee Reserve Fund</heading><content>(a) In this section, "charter district," "combination issue," and "refunding issue," have the meanings assigned to those terms by §33.67 of this title (relating to Bond Guarantee Program for Charter Schools).(b) The following provisions apply to charter district bonds guaranteed under §33.67 of this title that receive final approval from the commissioner of education in the form of the permanent school fund certificate before September 1, 2017.(1) A charter district that has bonds guaranteed under §33.67 of this title must annually remit to the commissioner a payment for deposit in the Charter District Bond Guarantee Reserve Fund established under the Texas Education Code (TEC), §45.0571, as described in paragraphs (4) and (5) of this subsection.(2) To calculate the total payments required under paragraphs (4) and (5) of this subsection for charter district bonds guaranteed under §33.67 of this title with a closing date before March 1, 2017, the first annual amount due under this section is the amount equal to 0.1% of the principal amount that is outstanding on the date the bonds were issued, which is the closing date for the bonds. The amount due annually for each subsequent payment due under this section is the amount equal to 0.1% of the principal amount that is outstanding on the anniversary of the closing date.(3) To calculate the total payments required under paragraphs (4) and (5) of this subsection for charter district bonds guaranteed under §33.67 of this title with a closing date on or after March 1, 2017, the commissioner will calculate an amount equal to 10% of the savings to the charter district resulting from the lower interest rate on the bond due to the guarantee by the permanent school fund.(A) The annual amount due to the Charter District Bond Guarantee Reserve Fund will be computed as R = P x S x 0.1, where:(i) "R" is the amount to be contributed to Charter District Bond Guarantee Reserve Fund;(ii) "P" is the outstanding principal amount on the closing date of the bond for payments made under paragraph (4) of this subsection or the outstanding principal amount on the anniversary of the closing date of the bond for payments made under paragraph (5) of this subsection; and(iii) "S" is the savings to the charter district as a result of the bond guarantee under §33.67 of this title, which is computed as the difference between the preceding 36-month moving average of the Thomson Reuters Municipal Market Data index yield for the Baa twenty-year maturity and the preceding 36-month moving average of the Thomson Reuters Municipal Market Data index yield for the AAA twenty-year maturity. If the Thomson Reuters Municipal Market Data index is discontinued, the commissioner shall choose another data source for a reasonable period of time until this section can be amended with another acceptable data source.(I) The savings "S" shall remain constant for the life of the newly guaranteed bond.(II) If Thomson Reuters Municipal Market Data index is decomposed to reflect each ratings step within the Baa universe, the savings calculation shall be based on the charter district's actual rating to the comparable rating in the decomposed index.(B) The commissioner will semi-annually compute "S," which is the value to be used to compute "R" for charter district bonds, and post it on the agency's website during the first week of September and March.(4) The first payment due under this section is due within 30 days of the closing date. The commissioner will direct the comptroller to withhold the amount of this first payment from the state funds otherwise payable to the charter district, on a date that falls within 30 days of the closing date. If, on that date, the state funds remaining to be paid to the charter district for the year are less than the amount due to the reserve fund for that year, the commissioner will recover the difference as authorized under the TEC, §42.258.(5) Each subsequent annual payment is due on the anniversary of the closing date. The commissioner will direct the comptroller to annually, during the month of the anniversary date, withhold the amount due to the reserve fund for that year from the state funds otherwise payable to the charter district. If, on the anniversary date, the state funds remaining to be paid to the charter district for the year are less than the amount due to the reserve fund for that year, the commissioner will recover the difference as authorized under the TEC, §42.258.(6) The commissioner will provide a charter district with a statement of the total and annual amounts due under this section within 60 days of the date that the bonds approved for the guarantee under §33.67 of this title are sold. The commissioner will calculate savings for refunding issues, and the refunding portion of combination issues, using the principal amount that is being refunded.(7) No payment is due on an anniversary date on which no principal amount is outstanding. The total amount due under this section is the sum of all annual payments due.(c) The following provisions apply to charter district bonds guaranteed under §33.67 of this title that receive final approval from the commissioner in the form of the permanent school fund certificate on or after September 1, 2017, provided that such payments shall only be required until the Charter District Bond Guarantee Reserve Fund reaches the limit established under the TEC, §45.0571.(1) A charter district that has bonds guaranteed under §33.67 of this title must remit to the commissioner a payment for deposit in the Charter District Bond Guarantee Reserve Fund established under the TEC, §45.0571, as described in paragraph (3) of this subsection.(2) To calculate the payment required under paragraph (3) of this subsection, the commissioner will calculate an amount equal to 20% of the savings over the life of the bond to the charter district resulting from the lower interest rate on the bond due to the guarantee by the permanent school fund. The calculation will be based on subsection (b)(3) of this section, but the formula in subsection (b)(3)(A) of this section will read R = (P x S x 0.2) ÷ (1 + PV)T .(A) "PV" is the present value discount factor, which is the yield to worst of the Bloomberg Barclays US Aggregate 3-5 Year Bond Index on the last business day of the previous month. If the Bloomberg Barclays US Aggregate 3-5 Year Bond Index is discontinued, the commissioner shall choose another data source for a reasonable period of time until this section can be amended with another acceptable data source.(B) "T" is the number of years from the anniversary of the closing date of the bond.(C) The payment is equal to the sum of the amount required under subsection (b)(4) of this section and the present value of the amounts required for each year of the bond under subsection (b)(5) of this section.(3) The payment due under this section is due within 30 days of the closing date.(4) The charter district will estimate the amount due prior to pricing the bonds. The commissioner will provide a charter district with a statement of the amount due under this section after the bonds approved for the guarantee under §33.67 of this title are sold but before they close. The commissioner will calculate savings for refunding issues, and the refunding portion of combination issues, using the principal amount that is being refunded.</content><note type="source"><p>Source Note: The provisions of this §33.1001 adopted to be effective April 22, 2014, 39 TexReg 3227, amended to be effective February 23, 2017, 42 TexReg 687; amended to be effective October 29, 2017, 42 TexReg 6015.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c33/scB"><num value="B">SUBCHAPTER B</num><heading>TEXAS PERMANENT SCHOOL FUND CORPORATION RULES</heading><section identifier="/us/state/tx/tac/t19/p2/c33/scB/s33.21"><num value="33.21">§33.21</num><heading>Texas Permanent School Fund Corporation</heading><content>Terms of directors. Any State Board of Education (SBOE) member who is appointed to the Texas Permanent School Fund (PSF) Corporation board of directors pursuant to SBOE policy under Texas Education Code, §43.053(a)(1), shall cease to be a Texas PSF Corporation director upon the expiration of his or her term of service on or upon other separation from the SBOE Committee on School Finance/Permanent School Fund in accordance with the SBOE's rules and policies.</content><note type="source"><p>Source Note: The provisions of this §33.21 adopted to be effective March 22, 2022, 47 TexReg 1453.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c53"><num value="53">CHAPTER 53</num><heading>REGIONAL EDUCATION SERVICE CENTERS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c53/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES</heading><section identifier="/us/state/tx/tac/t19/p2/c53/scAA/s53.1001"><num value="53.1001">§53.1001</num><heading>Board of Directors</heading><content>(a) Term of office.(1) A member of a regional education service center (RESC) board of directors shall be elected for a three-year term. The term of office shall begin June 1.(2) If a vacancy occurs due to death or resignation of a member of an RESC board of directors, a 30-day period shall elapse, after notice has been given to the board chair, before the vacancy is filled.(3) At the beginning of the 30-day period, notice of any vacancy shall be given to the president of the board of trustees and the superintendent of each school district in the education service center region and shall be posted in appropriate locations.(4) A vacancy for the unexpired term of a member of an RESC board of directors shall be filled by appointment by the remaining board members.(b) Election procedures.(1) A member of an RESC board of directors must be a United States citizen, at least 18 years of age, and a resident of that education service center region. He or she may not be engaged professionally in prekindergarten-Grade 12 education or be a member of a board of any educational agency or institution other than the State Board of Education. The eligibility of an RESC board member under this subsection is determined by the requirements specified in this subsection as they existed on the date the RESC board member was elected or appointed to office.(2) A member of an RESC board of directors shall be elected by the boards of trustees of the school districts in that education service center region.(3) Any eligible person wishing to seek election to an RESC board of directors shall file at the headquarters of that RESC in person or by certified mail between February 1 and February 20. No filing fee shall be required. Each RESC board of directors shall adopt policies concerning filing procedures.(4) By February 1, notice of the time and place for filing shall be posted in appropriate locations and submitted to appropriate newspapers in the education service center region for publication and to the superintendent of each school district in the education service center region.(5) A ballot shall be developed and submitted to the board of trustees of each school district in the education service center region by March 1. Placement on the ballot shall be determined by drawing. Each member of the board of trustees of each school district in the education service center region shall have one vote for each vacancy on the RESC board of directors. Completed ballots shall be returned to the chair of the RESC board of directors by April 5. The RESC board of directors shall canvass the ballots at its next regularly scheduled or special meeting, but not later than May 31, and determine the winner by a plurality of the votes cast. In the event of a tie, the names of the candidates who have tied shall be resubmitted to the board of trustees of each school district in the education service center region.(6) The provisions described in subsection (b)(2) and (5) of this section do not apply if all positions in the election are uncontested. In the event of an uncontested election, the RESC board of directors may determine that no election will be held. The RESC board of directors must make this determination prior to March 1. If, due to an uncontested election, the RESC board of directors determines that an election should not be held, the RESC board shall declare the unopposed candidates elected to office. The RESC executive director shall notify the commissioner of education of the results of an election, whether contested or uncontested.</content><note type="source"><p>Source Note: The provisions of this §53.1001 adopted to be effective September 1, 1998, 23 TexReg 5964; amended to be effective December 26, 1999, 24 TexReg 11324; amended to be effective April 9, 2017, 42 TexReg 1757; amended to be effective July 2, 2019, 44 TexReg 3264.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c53/scAA/s53.1002"><num value="53.1002">§53.1002</num><heading>Charter School Representation on Board of Directors</heading><content>(a) Charter school member. Notwithstanding the provisions of §53.1001 of this title (relating to Board of Directors), where a regional education service center (RESC) has at least one open-enrollment charter school, as defined by §100.1001(6) of this title (relating to Definitions), approved to operate within its boundaries on or after June 1, and to which the RESC provides services, the commissioner of education shall appoint a representative of the open-enrollment charter schools in the region to serve as a non-voting member of the board of directors of that RESC as provided by this section.(b) Term of office.(1) A charter school member of an RESC board of directors shall be appointed for a one-year term. The term of office shall begin June 1 and may be extended for an additional three years, for a total of four years, by the commissioner.(2) If a vacancy occurs due to death or resignation of a charter school member of an RESC board of directors, a 30-day period shall elapse, after notice has been given to the board chair, before the vacancy is filled.(3) At the beginning of the 30-day period, notice of any vacancy shall be given to the president of the governing body and the chief executive officer of each open-enrollment charter school in the education service center region and shall be posted in appropriate locations.(4) A vacancy for the unexpired term of a charter school member of an RESC board of directors shall be filled by appointment by the commissioner.(c) Appointment process.(1) A charter school member of an RESC board of directors must be a United States citizen, a resident of the State of Texas, and at least 18 years of age. A person may be appointed to serve as a charter school member of more than one RESC board of directors.(2) Any eligible person wishing to seek appointment as a charter school member of an RESC board of directors shall file an application between February 1 and February 20. The application shall be in the form of a letter seeking appointment to a specific RESC board of directors. The letter must:(A) include a description of the applicant's qualifications to serve as a charter member of the RESC board of directors;(B) enclose letters of support signed by representatives from at least one open-enrollment charter school in the education service center region; and(C) supply contact information for the persons signing the letters of support.(3) The application for appointment as a charter school member of an RESC board of directors may be filed electronically by sending the application materials to the commissioner or by mail to the Commissioner of Education, Texas Education Agency, 1701 N. Congress Avenue, Austin, Texas 78701-1494.(4) Not later than May 31, the commissioner shall notify the board of directors of each qualifying RESC of the commissioner's appointee to serve as the charter school member of that RESC board of directors effective June 1.(d) No applicant appointed. If the commissioner does not select a representative from among the applicants under subsection (c) of this section, or if no applicant applies for such appointment, then there shall be a vacancy which shall be filled by appointment by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §53.1002 adopted to be effective July 8, 2002, 27 TexReg 6025; amended to be effective October 23, 2003, 28 TexReg 9074; amended to be effective October 5, 2025, 50 TexReg 6324.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c53/scAA/s53.1010"><num value="53.1010">§53.1010</num><heading>Application of Disclosure of Interested Parties</heading><content>(a) Regional education service centers (RESCs) shall operate in accordance with Texas Government Code, §2252.908, when contracting with a business entity as defined by Texas Government Code, §2252.908, and any appropriate rules.(b) RESCs shall operate as exempt from the application of Texas Government Code, §2252.908(d), when contracting with the Texas Education Agency or other governmental entities, including school districts.</content><note type="source"><p>Source Note: The provisions of this §53.1010 adopted to be effective January 31, 2019, 44 TexReg 416.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c53/scAA/s53.1021"><num value="53.1021">§53.1021</num><heading>Regional Education Service Center Performance Standards and Indicators.</heading><content>(a) In accordance with the Texas Education Code, §8.101, the commissioner of education shall establish performance standards and indicators for regional education service centers (RESCs) to be used in the annual evaluation of each RESC and executive director.(b) The performance standards and indicators for evaluating each RESC and executive director will be published on the Texas Education Agency's website annually prior to the evaluation cycle.</content><note type="source"><p>Source Note: The provisions of this §53.1021 adopted to be effective April 3, 2014, 39 TexReg 2283; amended to be effective October 5, 2025, 50 TexReg 6324.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c55"><num value="55">CHAPTER 55</num><heading>Data Governance and Reporting Through an Automated System</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c55/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p2/c55/sc/s55.1001"><num value="55.1001">§55.1001</num><heading>Public Education Information Management System (PEIMS) Data and Reporting Standards</heading><content>(a) Data submissions. The Public Education Information Management System (PEIMS) consists of all data submitted by school districts, charter schools, campuses, and other educational organizations and entities to the Texas Education Agency (TEA).(b) Standards. Data standards, established by the commissioner of education under Texas Education Code (TEC), §48.008, shall be used by school districts and charter schools to submit information required for the legislature and the TEA to perform their legally authorized functions. Data standards shall be published annually in official TEA publications. These publications shall be widely disseminated and include:(1) descriptions of the data collections and submission requirements;(2) descriptions of data elements and the codes used to report them, which include the number of reported incidents of bullying, including cyberbullying, that have occurred at each campus; the number of reported incidents of cyberbullying at each campus; and pregnancy as a reason a student withdraws from or otherwise no longer attends public school;(3) detailed responsibilities of school districts, education service centers, and the TEA in connection with the data submission processes, including each deadline for submission and resubmission; and(4) descriptions of the data submission requirements, including submission record layout specifications and data edit specifications. (c) External review process. The commissioner shall establish a policy advisory group that provides oversight of data collections and reporting standards policies. The policy advisory group membership shall be composed of representatives of school districts, charter schools, education service centers, state government, and educational associations. Subcommittees consisting of technical experts and representatives from user groups may be established by the commissioner to provide timely and impartial reviews of requested changes or additions to TEA data collections and reporting standards. The procedure for adding, deleting, or modifying data elements described in paragraphs (1)-(5) of this subsection provides consistency in updates to the data and reporting standards. The commissioner may approve changes to the data and reporting standards outside this process if necessary to expedite implementation of data collections and reporting.(1) Prepare proposal. A written proposal is prepared to add, delete, or modify data elements. The proposal provides justification for the data collection, determination of data availability, and definitions of critical attributes and required analyses of requested data elements.(2) Conduct research. Survey a sampling of districts to update and refine cost estimates, assess district burden, and determine any benefits from a pilot of the data collection.(3) Solicit feedback. The subcommittee(s) established by the commissioner and other appropriate TEA committees review proposals and make formal, written recommendations to the policy advisory group. The policy advisory group reviews proposals and committee recommendations and makes recommendations to the commissioner for approval, modification, or rejection of the proposed changes.(4) Collect data. Data standards and software made available to districts online are updated annually, implementing changes to data submissions requirements.(5) Reevaluate data requirements. All data elements are reviewed by the commissioner-appointed subcommittee(s) and policy advisory group on a three-year cycle as part of an ongoing sunset process. The sunset process is designed to ensure that data standards meet the requirements specified in TEC, §48.008(c)(1)-(3) and (d).(d) Internal review process. The commissioner shall establish and determine the membership of a TEA committee that provides oversight of the TEA data collections and reporting policies. The commissioner shall also establish a TEA subcommittee that reviews data collections and reporting standards according to the requirements specified in TEC, §48.008(c)(1)-(3) and (d). The subcommittee is also responsible for maintaining data collections at the TEA. The procedure for adding, deleting, or modifying data elements described in subsection (c)(1)-(5) of this section provides consistency in updates to data and reporting standards. The commissioner may approve changes to data and reporting standards outside this process if necessary to expedite implementation.</content><note type="source"><p>Source Note: The provisions of this §55.1001 adopted to be effective June 8, 2025, 50 TexReg 3243.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c61"><num value="61">CHAPTER 61</num><heading>SCHOOL DISTRICTS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scA"><num value="A">SUBCHAPTER A</num><heading>BOARD OF TRUSTEES RELATIONSHIP</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scA/s61.1"><num value="61.1">§61.1</num><heading>Continuing Education for School Board Members</heading><content>(a) Under the Texas Education Code (TEC), §11.159, the State Board of Education (SBOE) shall adopt a framework for school board development to be used in structuring continuing education for school board members. The framework shall be posted to the Texas Education Agency (TEA) website and shall be distributed annually by the president of each board of trustees to all current board members and the superintendent. (b) The continuing education required under the TEC, §11.159, applies to each member of an independent school district board of trustees. All school board trainings and continuing education under this section shall comply with state law.(1) Each school board member of an independent school district shall complete a local district orientation.(A) The purpose of the local orientation is to familiarize new board members with local board policies and procedures and district goals and priorities.(B) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed school board member who did not complete this training in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.(C) The orientation shall be at least three hours in length.(D) The orientation shall address local district practices in the following, in addition to topics chosen by the local district:(i) curriculum and instruction;(ii) business and finance operations;(iii) district operations;(iv) superintendent evaluation; and(v) board member roles and responsibilities.(E) Each board member should be made aware of the continuing education requirements of this section and those of the following:(i) open meetings act in Texas Government Code, §551.005; (ii) public information act in Texas Government Code, §552.012; and(iii) cybersecurity in Texas Government Code, §2054.5191. (F) The orientation shall be open to any board member who chooses to attend.(2) Each school board member of an independent school district shall complete a basic orientation to the TEC and relevant legal obligations.(A) The orientation shall have special, but not exclusive, emphasis on statutory provisions related to governing Texas school districts.(B) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed school board member who did not complete this training in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.(C) The orientation shall be at least three hours in length.(D) Topics shall include, but not be limited to, the TEC, Chapter 26 (Parental Rights and Responsibilities), and the TEC, §28.004 (Local School Health Advisory Council and Health Education Instruction).(E) The orientation shall be provided by a regional education service center (ESC).(F) The orientation shall be open to any board member who chooses to attend.(G) The continuing education may be fulfilled through online instruction, provided that the training incorporates interactive activities that assess learning and provide feedback to the learner and offers an opportunity for interaction with the instructor.(H) The ESC shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) of this section.(3) After each session of the Texas Legislature, including each regular session and called session related to education, each school board member shall complete an update to the basic orientation to the TEC.(A) The update session shall be of sufficient length to familiarize board members with major changes in statute and other relevant legal developments related to school governance.(B) The update shall be provided by an ESC or a registered provider, as defined by subsection (c) of this section.(C) A board member who has attended an ESC basic orientation session described in paragraph (2) of this subsection that incorporated the most recent legislative changes is not required to attend an update.(D) The continuing education may be fulfilled through online instruction, provided that the training is designed and offered by a registered provider, incorporates interactive activities that assess learning and provide feedback to the learner, and offers an opportunity for interaction with the instructor.(E) The ESC or registered provider shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) of this section.(4) The entire board shall participate with their superintendent in a team-building session.(A) The purpose of the team-building session is to enhance the effectiveness of the board-superintendent team and to assess the continuing education needs of the board-superintendent team.(B) The session shall be held annually.(C) The session shall be at least three hours in length.(D) The session shall include a review of the roles, rights, and responsibilities of a local board, including its oversight relationship to administrators, as outlined in the framework for school board development described in subsection (a) of this section.(E) The assessment of needs shall be based on the framework for school board development described in subsection (a) of this section and shall be used to plan continuing education activities for the year for the governance leadership team.(F) The team-building session shall be provided by an ESC or a registered provider as described in subsection (c) of this section.(G) The superintendent's participation in team-building sessions as part of the continuing education for board members shall represent one component of the superintendent's ongoing professional development.(5) In addition to the continuing education requirements in paragraphs (1) through (4) of this subsection, each board member shall complete additional continuing education based on the framework for school board development described in subsection (a) of this section. (A) The purpose of continuing education is to address the continuing education needs referenced in paragraph (4) of this subsection.(B) The continuing education shall be completed annually.(C) In a board member's first year of service, he or she shall complete at least ten hours of continuing education in fulfillment of assessed needs.(D) Following a board member's first year of service, he or she shall complete at least five hours of continuing education annually in fulfillment of assessed needs.(E) A board president shall complete continuing education related to leadership duties of a board president as some portion of the annual requirement.(F) At least 50% of the continuing education shall be designed and delivered by persons not employed or affiliated with the board member's local school district. No more than one hour of the required continuing education that is delivered by the local district may utilize self-instructional materials.(G) The continuing education shall be provided by an ESC or a registered provider, as defined by subsection (c) of this section.(H) The continuing education may be fulfilled through online instruction, provided that the training is designed and offered by a registered provider, incorporates interactive activities that assess learning and provide feedback to the learner, and offers an opportunity for interaction with the instructor.(I) The ESC or registered provider shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) of this section.(6) Each school board member shall complete continuing education on evaluating student academic performance and setting individual campus goals for early childhood literacy and mathematics and college, career, and military readiness.(A) The purpose of the training on evaluating student academic performance is to provide research-based information to board members that is designed to support the oversight role of the board of trustees outlined in the TEC, §11.1515.(B) The purpose of the continuing education on setting individual campus goals for early childhood literacy and mathematics and college, career, and military readiness is to facilitate boards meeting the requirements of TEC, §11.185 and §11.186.(C) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed school board member who did not complete this training in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.(D) The continuing education shall be completed every two years.(E) The training shall be at least three hours in length.(F) The continuing education required by this subsection shall include, at a minimum:(i) instruction in school board behaviors correlated with improved student outcomes with emphasis on:(I) setting specific, quantifiable student outcome goals; and(II) adopting plans to improve early literacy and numeracy and college, career, and military readiness for applicable student groups evaluated in the Closing the Gaps domain of the state accountability system established under TEC, Chapter 39;(ii) instruction in progress monitoring practices to improve student outcomes; and(iii) instruction in state accountability with emphasis on the Texas Essential Knowledge and Skills, state assessment instruments administered under the TEC, Chapter 39, and the state accountability system established under the TEC, Chapter 39.(G) The continuing education shall be provided by an authorized provider as defined by subsection (e) of this section.(H) If the training is attended by an entire school board and its superintendent, includes a review of local school district data on student achievement, and otherwise meets the requirements of subsection (b)(4) of this section, the training may serve to meet a school board member's obligation to complete training under subsection (b)(4) and (6) of this section, as long as the training complies with the Texas Open Meetings Act.(7) Each board member shall complete continuing education on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children in accordance with TEC, §11.159(c)(2).(A) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed school board member who did not complete this training in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.(B) The training shall be completed every two years.(C) The training shall be at least one hour in length.(D) The training must familiarize board members with the requirements of TEC, §38.004 and §38.0041, and §103.1401 of this title (relating to Reporting Child Abuse or Neglect, Including Trafficking of a Child).(E) The training required by this subsection shall include, at a minimum:(i) instruction in best practices of identifying potential victims of child abuse, human trafficking, and other maltreatment of children;(ii) instruction in legal requirements to report potential victims of child abuse, human trafficking, and other maltreatment of children; and(iii) instruction in resources and organizations that help support victims and prevent child abuse, human trafficking, and other maltreatment of children.(F) The training sessions shall be provided by a registered provider as defined by subsection (c) of this section.(G) This training may be completed online, provided that the training is designed and offered by a registered provider, incorporates interactive activities that assess learning and provide feedback to the learner, and offers an opportunity for interaction with the instructor.(H) The registered provider shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) of this section.(c) For the purposes of this section, a registered provider has demonstrated proficiency in the content required for a specific training. An individual applicant shall register with the TEA to provide the board member continuing education required in subsection (b)(3), (5), and (7) of this section. Groups and organizations are not eligible for registration.(1) The applicant's registration application shall include documentation of the applicant's training, experience, educational background, which must include a bachelor's or higher degree, and expertise in the activities and areas covered in the framework for school board development. A registration application that does not demonstrate the training, experience, educational background, and expertise shall be rejected.(2) TEA will provide each applicant with a list of at least five TEA-approved background check providers and a list of TEA-approved background checks associated with obtaining a professional certification or license in this state, including background checks of school district employees conducted using the criminal history clearinghouse established by the Texas Department of Public Safety pursuant to the Texas Government Code, §411.0845. The applicant's registration application shall include a background check report from one of the approved providers or a background check report performed in association with obtaining an approved professional certification or license. A registration application that does not include a background check report completed in the last 12 months shall be rejected, and a registration application that includes a background check report documenting an applicant's felony or crime of moral turpitude conviction shall be rejected.(3) Any registered provider will report to TEA within 10 days if they are convicted of a felony or crime of moral turpitude. TEA shall revoke a registered provider's status upon notification and confirmation that a registered provider has been convicted of a felony or a crime of moral turpitude. A registered provider will be given an opportunity to promptly contest in writing, within 30 days, a claim that the registered provider was convicted. TEA will respond within 30 days of its decision. An informal hearing will be conducted by TEA upon request from the registered provider. Registration shall be withheld until confirmation of registration is received from TEA.(4) An updated registration shall be required of a provider of continuing education every three years.(5) A registered provider may present with other panel members, speakers, or presenters for credit. Those panel members, speakers, or presenters must comply with subsections (d)-(m) of this section but are not required to comply with paragraphs (1)-(4) of this subsection. Any violation of this section by the other panel members, speakers, or presenters is the responsibility of the registered provider.(6) A school district that provides continuing education exclusively for its own board members is not required to register.(7) An ESC is not required to register under this subsection. (d) A provider of training under this section may not engage in political advocacy during the training sessions under this section.(1) For the purposes of this section, political advocacy means:(A) supporting or opposing political candidate(s), a particular party, or a group of candidates who hold a particular political viewpoint or position, specifically or by unmistakable implication, with the intent to influence the outcome of an election or appointment; and/or(B) supporting or opposing any measure with the intent to influence the outcome of a legislative, rulemaking, or other policy process or measure.(2) Political advocacy shall not include discussions on fostering legislative relationships, legislative or rulemaking processes, or legislative or policy updates.(3) If a provider is required to register under subsection (c) of this section, the provider shall provide a written acknowledgement, provided by the agency, indicating that the provider shall not engage in political advocacy while providing training. A registration application that does not include an acknowledgement shall be rejected.(4) If the agency determines a provider engaged in political advocacy while providing training, the agency shall:(A) issue a warning to the provider;(B) request that the provider submit a written explanation from the provider explaining the events and what action, if any, has or will be taken to prevent a future violation; and(C) notify members of the State Board of Education of the warning issued to the provider and include any written explanation from the provider.(5) The board may remove the registration or the authorization to provide training under this section for an individual, school district, or regional service center if the board determines that the provider engaged in political advocacy while providing training under this section.(6) Removal of registration or authorization under paragraph (5) of this subsection shall be for a term of one year unless modified by the board.(7) A provider is presumed to have provided political advocacy while providing training under this section if the political advocacy occurs during that training session.(e) An authorized provider meets all the requirements of a registered provider and has demonstrated proficiency in the content required in subsection (b)(4) and (6) of this section. Proficiency may be demonstrated by completing a TEA-approved train-the-trainer course that includes evaluation on the topics and following a review of the provider's qualifications and course design, or through other means as determined by the commissioner.(1) A school district or individual may be authorized by TEA to provide the board member training required in subsection (b)(4) and (6) of this section.(2) An ESC shall be authorized by TEA to provide the board member training required in subsection (b)(4) and (6) of this section.(3) The authorization process shall include documentation of the provider's training and/or expertise in the activities and areas covered in the framework for school board development.(4) An updated authorization shall be required of a provider of training every three years.(f) No continuing education shall take place during a school board meeting unless that meeting is called expressly for the delivery of board member continuing education. However, continuing education may take place prior to or after a legally called board meeting in accordance with the provisions of the Texas Government Code, §551.001(4).(g) An ESC board member continuing education program shall be open to any interested person, including a current or prospective board member. A district is not responsible for any costs associated with individuals who are not current board members.(h) A registration fee shall be determined by ESCs to cover the costs of providing continuing education programs offered by ESCs.(i) For each training described in this section, the provider of continuing education shall provide verification of completion of board member continuing education to the individual participant and to the participant's school district. The verification must include the provider's authorization or registration number.(j) To the extent possible, the entire board shall participate in continuing education programs together.(k) At the last regular meeting of the board of trustees before an election of trustees, the current president of each local board of trustees shall announce the name of each board member who has completed the required continuing education, who has exceeded the required hours of continuing education, and who is deficient in meeting the required continuing education as of the anniversary of the date of each board member's election or appointment to the board or two-year anniversary of his or her previous training, as applicable. The announcement shall state that completing the required continuing education is a basic obligation and expectation of any sitting board member under SBOE rule. The minutes of the last regular board meeting before an election of trustees must reflect whether each trustee has met or is deficient in meeting the training required for the trustee as of the first anniversary of the date of the trustee's election or appointment or two-year anniversary of his or her previous training, as applicable. The president shall cause the minutes of the local board to reflect the announcement and, if the minutes reflect that a trustee is deficient in training as of the anniversary of his or her joining the board, the district shall post the minutes on the district's Internet website within 10 business days of the meeting and maintain the posting until the trustee meets the requirements.(l) Annually, the SBOE shall commend those local board-superintendent teams that complete at least eight hours of the continuing education specified in subsection (b)(4) and (5) of this section as an entire board-superintendent team.(m) Annually, the SBOE shall commend local board-superintendent teams that effectively implement the commissioner's trustee improvement and evaluation tool developed under the TEC, §11.182, or any other tool approved by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §61.1 adopted to be effective March 1, 1996, 21 TexReg 875; amended to be effective May 7, 2003, 28 TexReg 3718; amended to be effective December 20, 2010, 35 TexReg 11223; amended to be effective August 25, 2014, 39 TexReg 6224; amended to be effective June 13, 2018, 43 TexReg 3783; amended to be effective March 24, 2020, 45 TexReg 1984; amended to be effective August 25, 2025, 50 TexReg 2066.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scA/s61.2"><num value="61.2">§61.2</num><heading>Nomination of Trustees for Military Reservation School Districts and Boys Ranch Independent School District</heading><content>(a) For purposes of this section, commanding officer is defined as the officer who is assigned to serve physically on the installation or military reservation on which the military reservation school district is located and who provides leadership for the functional support of and contingency or emergency coordination for the military reservation school district.(b) In nominating trustee candidates for military reservation school districts, the commanding officer of the military reservation shall do the following:(1) submit a list to the commissioner of education with at least one nominee for each vacancy. A majority of the trustees appointed to the school board must be civilian, and all may be civilian. When two or more vacancies occur simultaneously, a list of at least one nominee for each vacancy shall be submitted. In cases when the commanding officer wishes to reappoint existing board members, a list of at least one nominee for each vacancy must still be submitted. Nominees not selected for existing vacancies may be resubmitted as candidates for subsequent vacancies. The commanding officer may rank in the order of preference the nominees submitted for each vacancy;(2) submit a statement that verifies that each of the nominees is qualified under the general school laws of Texas and lives or is employed on the military reservation;(3) submit a copy of a current biographical vita (resume) for each nominee, with a signature by the nominee attesting truth to the contents of the biographical vita;(4) submit a statement from each nominee that expresses the nominee's willingness to accept appointment and to serve in such a capacity with full adherence to the state-established standards on the duties and responsibilities of school board members;(5) submit a signed statement that expresses recognition of the powers of the board of trustees to govern and manage the operations of the military reservation school districts;(6) submit a signed statement regarding the governance and management operations of the district that expresses recognition that the role of the commanding officer of the military reservation is limited only to the duty defined by statute in the process for appointing members of the board of trustees; and(7) submit a statement that the membership composition of the entire board of trustees is in full compliance with the provisions of the Texas Education Code (TEC), §11.352.(c) In nominating trustee candidates for the Boys Ranch Independent School District (ISD), the president and chief executive officer of the Cal Farley's Boys Ranch shall do the following:(1) submit a name to the commissioner for each vacancy. When two or more vacancies occur simultaneously, a name for each vacancy shall be submitted. In cases when the president and chief executive officer wishes to reappoint existing board members, the name of the existing board member for each vacancy must still be submitted;(2) submit a statement that verifies that each of the nominees is qualified under the general school laws of Texas;(3) submit a copy of a current biographical vita (resume) for each of the nominees, with a signature by the nominee attesting truth to the contents of the biographical vita;(4) submit a statement from each of the nominees that expresses the nominee's willingness to accept appointment and to serve in such a capacity with full adherence to the state-established standards on the duties and responsibilities of school board members;(5) submit a signed statement that expresses recognition of the powers of the board of trustees to govern and manage the operations of the Boys Ranch ISD;(6) submit a signed statement regarding the governance and management operations of the district that expresses recognition that the role of the superintendent is in full compliance with the provisions of the TEC, §11.201; and(7) submit a statement that the membership composition of the entire board of trustees is in full compliance with the provisions of the TEC, §11.352.(d) A member of a board of trustees appointed under the TEC, §11.352, and this section will serve a term of two years. A member of the board of trustees, who during the period of the term of office resigns from office or experiences a change of status that disqualifies such member for appointment under the provisions of the TEC, shall become ineligible to serve at the time of the change of status. A board vacancy resulting from such resignation or disqualification shall be filled in accordance with the procedures established under the TEC, §11.352, and this section.(e) Notwithstanding subsection (d) of this section, a trustee of a military reservation school district appointed under this section who retires from active duty or civilian service while serving as a member of the board of trustees may continue to serve for the remainder of his or her term.</content><note type="source"><p>Source Note: The provisions of this §61.2 adopted to be effective September 1, 1996, 21 TexReg 3705; amended to be effective December 20, 2010, 35 TexReg 11223; amended to be effective March 7, 2012, 37 TexReg 1510; amended to be effective March 24, 2020, 45 TexReg 1984; amended to be effective August 15, 2024, 49 TexReg 5992.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scA/s61.3"><num value="61.3">§61.3</num><heading>School Safety Training for School Board Members</heading><content>(a) The continuing education required under Texas Education Code, §11.159(b-1), applies to each member of an independent school district board of trustees.(b) Each member of an independent school district board of trustees shall complete the training on school safety adopted by the State Board of Education (SBOE).(1) The purpose of the training is to provide research-based information to trustees on ensuring a safe learning environment conducive to improving student outcomes.(2) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed trustee who did not complete the training under this section in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.(3) The training requirement shall be fulfilled by completing the online course adopted by the SBOE and made available by the commissioner of education.(4) The training shall be completed every two years.(5) Each school district shall maintain verification of completion for each trustee.</content><note type="source"><p>Source Note: The provisions of this §61.3 adopted to be effective May 31, 2022, 47 TexReg 3130.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES ON SCHOOL FINANCE</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1000"><num value="61.1000">§61.1000</num><heading>Maximum Compressed Tax Rate Calculation and Data Collection</heading><content>(a) This section, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, §48.2551.(b) School districts' maximum compressed maintenance and operations (M&O) tax rates, as determined by TEC, §48.2551 and §48.2552, and relevant rules, shall be calculated using locally certified property values and adjusted to estimate for exclusions under Texas Government Code, §403.302(d).(c) The Texas Education Agency (TEA) will open a data collection from 12:01 a.m. on July 18 through 11:59 p.m. on August 1 for school districts. School districts must submit the following data:(1) the chief appraiser's July 25 certified taxable property values from the certified appraisal roll under Tax Code, §26.01(a) or (a-1), as applicable for the preceding tax year;(2) the chief appraiser's July 25 certified taxable property values from the certified appraisal roll under Tax Code, §26.01(a) or (a-1), as applicable for the current tax year;(3) local exemption total dollar amounts for the preceding tax year, including, but not limited to, the following exemptions:(A) Tax Code, Chapter 313, Texas Economic Development Act (expiring or new);(B) local option General Residence Homestead;(C) local option Age 65 or Older or Disabled;(D) local option Historic or Archeological Sites; and(E) local option Freeport;(4) local exemption total dollar amounts for the current tax year, including, but not limited to, the following exemptions:(A) Tax Code, Chapter 313, Texas Economic Development Act (expiring or new);(B) local option General Residence Homestead;(C) local option Age 65 or Older or Disabled;(D) local option Historic or Archeological Sites; and(E) local option Freeport; and(5) district contact information.(d) TEA will calculate and make available preliminary maximum compressed tier one tax rates to each school district on or before August 5.(e) If TEA receives an appeal of a preliminary maximum compressed tax rate (MCR), TEA will issue a final determination to the school district no later than August 31.(f) If TEA does not receive an appeal of a preliminary MCR, the preliminary MCR automatically becomes a final MCR 10 calendar days following TEA's approval of the district's preliminary MCR.(g) A school district may appeal its preliminary MCR through the following process.(1) The TEA division responsible for MCRs must receive a written appeal no later than 10 calendar days after TEA's approval of the district's preliminary MCR. The appeal must include adequate evidence and additional information that supports the position of the school district. Appeals received 11 calendar days or more after TEA approves a district's preliminary MCR will not be considered.(2) TEA will only consider appeals that would result in a change of the preliminary MCR.(h) TEA will use any available data to calculate MCR absent data collection submissions from a school district.(i) The commissioner of education may waive a provision of this section if necessary to ensure the appropriate MCR calculation.</content><note type="source"><p>Source Note: The provisions of this §61.1000 adopted to be effective April 15, 2020, 45 TexReg 2410.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1001"><num value="61.1001">§61.1001</num><heading>Prior Year Maximum Compressed Tax Rate</heading><content>(a) This section, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, §48.2551.(b) For purposes of determining a district's maximum compressed tax rate (MCR) under TEC, §48.2551(b), for the 2020-2021 school year, the value of the district's prior year MCR is $0.93.</content><note type="source"><p>Source Note: The provisions of this §61.1001 adopted to be effective March 30, 2020, 45 TexReg 2157.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1002"><num value="61.1002">§61.1002</num><heading>Maximum Compressed Tax Rate Limitations</heading><content>(a) This section, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, §48.2551 and §48.2552.(b) For purposes of determining a district's maximum compressed tax rate (MCR) for a given tax year under TEC, §§48.2551(b)(1)(B), 48.2551(c), and 48.2552(b), if the calculation of a school district's maximum compressed maintenance and operations (M&O) tax rate for that year would result in an MCR less than 90% of the highest district's maximum compressed M&O tax rate, the district's maximum compressed M&O tax rate is 90% of the highest maximum compressed M&O tax rate for that year.</content><note type="source"><p>Source Note: The provisions of this §61.1002 adopted to be effective March 30, 2020, 45 TexReg 2158.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1003"><num value="61.1003">§61.1003</num><heading>Career and Technology Education Allotment for P-TECH and New Tech Network Campuses</heading><content>(a) This rule, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, §48.106(a)(2)(B) and (C).(b) In place of funding under TEC, §48.106(a)(2)(B) and (C), a district is entitled to $50 for each student in average daily attendance enrolled in either of the following:(1) a campus designated as a Pathways in Technology Early College High School (P-TECH) school under TEC, §29.556; or(2) a campus that is a member of the New Tech Network and that focuses on project-based learning and work-based education.</content><note type="source"><p>Source Note: The provisions of this §61.1003 adopted to be effective July 30, 2020, 45 TexReg 5193.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1004"><num value="61.1004">§61.1004</num><heading>Special Education Funding for Open-Enrollment Charter Schools</heading><content>(a) This rule, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, §§12.106, 48.051, and 48.102.(b) An open-enrollment charter school shall receive additional special education funding in an amount equal to the difference, if that difference is greater than zero, between the total amount of funding the open-enrollment charter school would have received for special education purposes under former TEC, §42.151, as it existed on January 1, 2019, and the amount of total funding received for special education purposes under TEC, §48.102, for the applicable school year referenced in TEC, §48.277(b)(1).(c) An open-enrollment charter school's entitlement under TEC, §48.051, shall be reduced by an amount equivalent to the amount of the additional special education funding provided under subsection (b) of this section. A reduction under this section may not exceed the open-enrollment charter school's entitlement under TEC, §48.051.(d) This section has no application beginning with the 2024-2025 school year.</content><note type="source"><p>Source Note: The provisions of this §61.1004 adopted to be effective July 30, 2020, 45 TexReg 5194.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1005"><num value="61.1005">§61.1005</num><heading>Additional State Aid for Staff Salary Increases at Regional Education Service Centers</heading><content>(a) This rule, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in former TEC, §42.2513.(b) A regional education service center is entitled to $500 for each full-time and $250 for each part-time employee, other than administrators or employees subject to the minimum salary schedule, reported to Texas Education Agency through the Foundation School Program data collection system for the 2018-2019 school year.</content><note type="source"><p>Source Note: The provisions of this §61.1005 adopted to be effective July 30, 2020, 45 TexReg 5194.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1006"><num value="61.1006">§61.1006</num><heading>Foundation School Program Funding for Reimbursement of Disaster Remediation Costs</heading><content>(a) General provisions. Subsections (a)-(m) of this section implement Texas Education Code (TEC), §48.261 (Reimbursement for Disaster Remediation Costs). The commissioner of education may provide disaster remediation cost reimbursement under subsections (a)-(m) of this section only if funds are available for that purpose from:(1) amounts appropriated for that purpose, including amounts appropriated for school districts or open-enrollment charter schools for that purpose to the disaster contingency fund established under Texas Government Code, §418.073; or(2) Foundation School Program (FSP) funds available for that purpose based on a determination by the commissioner that the amount appropriated for the FSP, including the facilities component as provided by TEC, Chapter 46, exceeds the amount to which school districts and open-enrollment charter schools are entitled under this subchapter and TEC, Chapter 46.(b) Eligibility. A school district or an open-enrollment charter school that meets the following criteria is eligible to apply:(1) all or part of the school district or open-enrollment charter school must be located in an area declared a disaster area by the governor under Texas Government Code, Chapter 418;(2) the school district or open-enrollment charter school must have incurred and paid disaster remediation costs during the two-year period following the date of the governor's initial proclamation or executive order declaring a state of disaster that the school district or open-enrollment charter school does not anticipate recovering through insurance proceeds, federal disaster relief payments, or another similar source for reimbursement; and(3) in accordance with TEC, §48.261, the school district or open-enrollment charter school must apply for reimbursement during the two-year period following the date of the governor's initial proclamation or executive order declaring a state of disaster. The school district or open-enrollment charter school must submit a completed application by the application deadline. A school district or an open-enrollment charter school that submits an incomplete application or submits an application after the application deadline may be deemed ineligible for funds.(c) Definitions. The following terms have the following meanings when used in this section.(1) Disaster remediation costs--Costs incurred by a school district or an open-enrollment charter school for replacing school facilities; equipment, including, but not limited to, the cost to repair or replace vehicles or computers damaged in the disaster; and supplies needed to provide instruction at a location where students eligible for FSP funding regularly attend classes.(2) Paid disaster remediation costs--Disaster remediation costs that are paid or remitted resulting in an outflow of cash in exchange for goods or services evidenced by an invoice, receipt, voucher, or other such document, and in accordance with standards found in the Financial Accountability System Resource Guide adopted by reference in §109.41 of this title (relating to Financial Accountability System Resource Guide) and TEC, §48.261, that the school district or open-enrollment charter school does not anticipate recovering through insurance proceeds, federal disaster relief payment, or another similar source of reimbursement in accordance with TEC, §48.261, and that were paid during the two-year period following the governor's initial proclamation or executive order declaring a state of disaster.(d) Application process. A school district or an open-enrollment charter school seeking disaster reimbursement must submit a new application each time Texas Education Agency (TEA) opens a disaster reimbursement application process on a form prescribed by TEA. The application shall contain, at a minimum, the following:(1) identification of the governor's initial proclamation or executive order declaring a state of disaster and evidence that all or part of the school district or open-enrollment charter school is in the area subject to the disaster declaration;(2) the total dollar amount of paid disaster remediation costs during the two-year period following the governor's proclamation or executive order declaring a state of disaster;(3) the total dollar amount of paid disaster remediation costs paid during the two-year period following the governor's proclamation or executive order declaring a state of disaster that the school district or open-enrollment charter school anticipates to be reimbursed from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement;(4) the total difference between the amounts of paid disaster remediation costs specified in paragraphs (2) and (3) of this subsection and, of the total difference, the specific paid disaster remediation costs for which the school district or open-enrollment charter school is seeking reimbursement under TEC, §48.261;(5) an explanation as to why the school district or open-enrollment charter school does not anticipate being reimbursed from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement for each paid disaster remediation cost identified in paragraph (4) of this subsection;(6) a certification from the school district or open-enrollment charter school board and superintendent or chief executive officer that all paid disaster remediation costs for which the school district or open-enrollment charter school is seeking reimbursement under paragraph (4) of this subsection qualify as paid disaster remediation costs and that the school district or open-enrollment charter school board and superintendent or chief executive officer do not anticipate recovering these payments through insurance proceeds, federal disaster relief payments, or another similar source of reimbursement; and(7) a certification from the school district or open-enrollment charter school board and superintendent or chief executive officer that the school district or open-enrollment charter school, for any paid disaster remediation costs for which the school district or open-enrollment charter school is seeking reimbursement under paragraph (4) of this subsection, has made and will continue to make efforts to seek reimbursement from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement as allowable or appropriate.(e) Updates for new payments. If a school district or open-enrollment charter school makes more paid disaster remediation cost payments after submission of its initial application to the TEA and prior to the deadline announced for disaster reimbursement application submission, the TEA will prescribe a form allowing the school district or open-enrollment charter school to submit additional paid disaster remediation cost payments and information consistent with the application process in subsection (d) of this section and will increase the amount of reimbursement as available and appropriate.(f) Reporting requirement. Annually after the date of the award under this disaster reimbursement program, the awarded school district or open-enrollment charter school board and superintendent or chief executive officer shall provide a certified report on a form prescribed by TEA until all insurance proceeds, federal disaster relief, or other similar sources of reimbursements related to the disaster are finalized. On the report, the school district or open-enrollment charter school shall identify any insurance proceeds, federal disaster relief payments, or other similar sources of reimbursement that the school district or open-enrollment charter school received for which the school district or open-enrollment charter school previously received reimbursement payment from TEA. TEA will adjust funding for any overpayments made to the school district or open-enrollment charter school based on the final report made under this subsection of the school district or open-enrollment charter school out of the school district's or open-enrollment charter school's future FSP payments or will require a refund from the school district or open-enrollment charter school.(g) Finality of award. Awards of assistance under this section will be made based only on paid disaster remediation costs. Prior to making an award, TEA may request additional documentation, including, but not limited to, evidence described in subsection (c)(2) of this section and evidence supporting the certifications required by subsection (d)(6) and (7) of this section. A school district or an open-enrollment charter school is not entitled to any requested reimbursement, and a decision by the commissioner is final and may not be appealed.(h) Deadlines. The commissioner will announce a deadline for disaster reimbursement applications in conjunction with making a determination of the amount of funds available for the disaster reimbursement program cycle. All applications received by the announced deadline will be reviewed. Applications will be funded if sufficient funds are available to fully fund each application. If sufficient funds are not available to fully fund each application, funding will be prorated proportionately so that every funded application receives the same percentage of requested funding.(i) Distribution of funds. Funds will be allocated through the FSP and will appear on the school district or open-enrollment charter school payment ledger and be delivered as soon as is practicable after award amounts have been determined.(j) Finalization of award. When the school district or open-enrollment charter school determines that all insurance proceeds, federal disaster relief payments, or other similar sources of reimbursement that the school district or open-enrollment charter school anticipates receiving are finalized and there are no pending claims, the school district or open-enrollment charter school board and superintendent or chief executive officer shall certify to TEA in writing that the annual report required by subsection (f) of this section is no longer necessary and disaster reporting is finalized.(k) Record retention and audit. The school district or open-enrollment charter school shall maintain all documents necessary to substantiate payment and certifications made in subsections (c)(2), (d), (g), and (h) of this section, and the school district or open-enrollment charter school is subject to audit by TEA until two years after the school district or open-enrollment charter school certifies to TEA in writing that the disaster is finalized and closed in accordance with subsection (j) of this section.(l) Replacement of school facilities damaged in the disaster. In accordance with TEC, §48.261, a school district or an open-enrollment charter school is permitted to elect to replace a facility damaged in a disaster instead of repairing that facility, provided that the state funds provided under this section do not exceed the lesser of the amount that would be provided to the district or charter school if the facility were repaired or the amount necessary to replace the facility.(1) Construction plans and budgeted costs to rebuild the facility must be reasonable and appropriate, as follows.(A) Construction plans should follow current TEA facility guidelines and physical plant requirements as prescribed in applicable provisions of Chapter 61, Subchapter CC, of this title (relating to Commissioner's Rules Concerning School Facilities) without significant add-ons or upgrades, noting that:(i) pre-disaster square footage in temporary buildings may be replaced with square footage in permanent buildings;(ii) pre-disaster square footage amounts may be adjusted to account for additional square footage specifically required by TEA guidelines, if applicable; and(iii) except where specifically identified, the provisions of Chapter 61, Subchapter CC, of this title do not apply to open-enrollment charter schools.(B) Budgeted cost per square foot may not be significantly higher than recent comparable construction costs within the region where the facility will be constructed.(C) Enrollment capacity of the facility may not vary significantly from current common practice for new facilities of a like purpose.(D) The facility's square footage per unit of enrollment capacity may not significantly exceed current best practice guidelines for new facilities of like purpose.(E) The requesting school district or open-enrollment charter school is responsible for demonstrating that construction plans and budgeted costs conform to the requirements in this paragraph.(2) The cost to replace a facility shall be based on the average of the following two methodologies:(A) replacement cost based on square footage, which is an amount equal to the product of the reasonable and appropriate budgeted costs and the quotient of the square footage of the pre-disaster facility and the square footage of the planned facility, where the replacement cost may not exceed the budgeted cost; and(B) replacement cost based on enrollment capacity, which is an amount equal to the product of the reasonable and appropriate budgeted costs and the quotient of the pre-disaster facility enrollment capacity and the planned facility enrollment capacity, where the replacement cost may not exceed the budgeted cost.(3) The commissioner may grant a waiver of one or more of the requirements in paragraph (1) of this subsection if the school district or open-enrollment charter school provides sufficient justification why the requirement should not apply in a particular instance.(4) The school district or open-enrollment charter school may request an initial reimbursement based on anticipated insurance proceeds, federal disaster relief payments, or other similar sources of reimbursements. When this occurs, TEA will determine at a later date the appropriate reimbursement when actual insurance proceeds, federal disaster relief payments, or other similar sources of reimbursements are known.(m) Applicability. Notwithstanding subsection (n) of this section, this section applies to disasters that occur on or after September 1, 2019. Reimbursement requests for disaster remediation costs for disasters that occurred prior to September 1, 2019, are governed by §61.1013 of this title (relating to Foundation School Program Funding for Reimbursement of Disaster Remediation Costs) and §61.1014 of this title (relating to Credit Against Recapture for Reimbursement of Disaster Remediation Costs).(n) Provisions related to Winter Storm Uri. This subsection implements TEC, §48.2611 (One-Time Reimbursement for Winter Storm Uri). TEA shall provide reimbursement to school districts for costs incurred as a result of the 2021 North American winter storm (Winter Storm Uri), including any resulting electricity price increases, using the process outlined in subsections (a)-(l) of this section. This subsection expires September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §61.1006 adopted to be effective October 27, 2020, 45 TexReg 7584; amended to be effective November 23, 2021, 46 TexReg 7874.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1007"><num value="61.1007">§61.1007</num><heading>Rules for the Definition of Tax Levy and Tax Collection</heading><content>(a) General provisions. For the purpose of determining state aid and excess local revenue under the Texas Education Code (TEC), Chapter 46 and Chapter 48, calculations that include tax collections as a data element shall reference subsection (b) of this section.(b) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Total levy. The sum of the maintenance and operation and debt service levies generated by applying a school district's adopted tax rates to its locally assessed valuation of property for the current tax year.(2) Tax collection.(A) For school districts with a fiscal year that begins on July 1, total taxes collected between July 1 and June 30 for the current and all prior years' levies.(B) For school districts with a fiscal year that begins on September 1, total taxes collected between September 1 and August 31 for the current and all prior years' levies.(C) For a school district that has been awarded a property value adjustment for a major taxpayer protest pursuant to TEC, §48.267, the district may petition the commissioner of education to attribute taxes that had been withheld due to the protest of valuation to the year in which the taxes were originally levied.(3) Types of tax collections.(A) Maintenance and operations taxes are those taxes collected during the fiscal year that are associated with the levy of local maintenance and operations tax rates, including current and delinquent taxes and any delinquent taxes related to former county education districts, but not including penalties and interest that accrue on delinquent maintenance and operations tax levies or the tax credits authorized by the Texas Tax Code, Chapter 313.(B) Interest and sinking fund taxes are those associated with the levy of local interest and sinking fund taxes, not including penalties and interest that accrue on delinquent interest and sinking funds tax levies.</content><note type="source"><p>Source Note: The provisions of this §61.1007 adopted to be effective July 27, 2021, 46 TexReg 4451.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1008"><num value="61.1008">§61.1008</num><heading>School Safety Allotment</heading><content>(a) Definitions. The following definitions apply to the school safety allotment (SSA) in accordance with Texas Education Code (TEC), §48.115.(1) School district campus--a campus that:(A) has its own unique campus ID number registered with the Texas Education Agency (TEA), an assigned administrator, enrolled students who are counted for average daily attendance, and assigned instructional staff;(B) receives federal, state, or local funds or any combination of the three as its primary support;(C) provides instruction in the Texas Essential Knowledge and Skills, including prekindergarten instruction;(D) has one or more grade groups in the range from early education through Grade 12; and(E) is not a program for students enrolled in another public school, does not provide only virtual instruction, and does not use only facilities not subject to the district's control.(2) Instructional facility--a term that has the meaning defined by §61.1031(a)(3) of this title (relating to School Safety Requirements).(b) Eligibility.(1) Both school districts and open-enrollment charter schools are eligible for the SSA.(2) Funding under TEC, §48.115(a)(2), will be calculated for campuses that qualify as a school district campus, as defined in subsection (a) of this section and which includes an open-enrollment charter school campus and an instructional facility, as defined in subsection (a) of this section, used for teaching the curriculum required by TEC, Chapter 28.(3) Juvenile justice alternative education program campuses or campuses that provide only virtual instruction are not eligible for funding under TEC, §48.115(a)(2).(c) Entitlement. In the fall of each school year, as part of the settle-up process for the preceding school year, campus data reported through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) for eligible campuses with confirmed enrollment and average daily attendance from the TSDS PEIMS summer submission will be used to calculate the allotment provided by TEC, §48.115(a)(2).(d) Estimates. School districts and open-enrollment charter schools will be provided with estimated funding during a school year for eligible campuses based on the prior year's summer TSDS PEIMS data using the same methodology described in subsection (c) of this section to calculate the entitlement. The final entitlement will be based on data from the current school year as provided for in subsection (c) of this section. Any difference from the estimated entitlement will be addressed as part of the Foundation School Program settle-up process according to the provisions of TEC, §48.272.</content><note type="source"><p>Source Note: The provisions of this §61.1008 adopted to be effective February 20, 2024, 49 TexReg 861.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1009"><num value="61.1009">§61.1009</num><heading>Fast Growth Allotment</heading><content>(a) Definitions. The following definitions apply to the fast growth allotment in accordance with the Texas Education Code (TEC), §48.111.(1) Fast growth district--A school district with total enrollment growth, based on a prior six-year period, that exceeds 250.(2) Enrollment--The number of students reported by the school district in the fall submission to the Texas Student Data System Public Education Information Management System (TSDS PEIMS).(3) Applicable school year--The school year in which the Texas Education Agency (TEA) will deliver the fast growth allotment to the district.(b) Eligibility. School districts are eligible for this allotment. TEC, §12.106(a), excludes charter holders from eligibility for the fast growth allotment.(c) Determination of allotment. The commissioner of education will determine a district's eligibility and calculate the allotment to which a district is entitled in the following manner.(1) Prior to the start of the applicable school year, each school district's enrollment for the preceding school year, and for the six school years prior to the applicable school year, will be obtained from TSDS PEIMS.(2) The student enrollment growth value as defined by TEC, §48.111(a), for each district will be calculated by subtracting 250 from the difference in the number of students enrolled in the district during the school year preceding the current school year and the number of students enrolled in the district six years prior to the current school year, excluding from the comparison students enrolled in a full-time accredited virtual campus through the Texas Virtual School Network under TEC, Chapter 30A.(3) The cumulative growth value over 250 for each district will be the sum of all current year growth values that are sorted in the order of lowest to highest, ending with the growth value for that district.(4) The percentile of growth for each district will be calculated by dividing the district's cumulative growth value over 250 by the statewide total value of cumulative growth over 250.(5) For the 2021-2022 school year, TEA will freeze the hold harmless comparison between the district's fast growth allotment for the 2019-2020 school year and the district's fast growth allotment for the 2021-2022 school year on January 1, 2022, and the fast growth allotment hold harmless amount that a district receives for the 2021-2022 school year under TEC, §48.111(d) and (d-1), will not change after that date.(6) Using the sorting methodology described in paragraphs (3) and (4) of this subsection:(A) school districts whose percentile of growth is greater than or includes 60.00% are determined to be in the tier with the highest funding weight;(B) school districts whose percentile of growth is greater than or includes 30.00% and less than 60.00% are determined to be in the tier with the middle funding weight; and(C) school districts whose percentile of growth is less than 30.00% are determined to be in the tier with the lowest funding weight.(7) A determination of the commissioner made under this section is final and not subject to appeal.</content><note type="source"><p>Source Note: The provisions of this §61.1009 adopted to be effective January 9, 2020, 45 TexReg 337; amended to be effective May 3, 2022, 47 TexReg 2526.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1010"><num value="61.1010">§61.1010</num><heading>Additional State Aid for School Districts that Contract to Partner to Operate a District Campus</heading><content>(a) General provisions. This section implements Texas Education Code (TEC), §48.252 (School District Entitlement for Certain Students), which provides for additional funding for a school district that has entered into a contract to partner to operate a district campus under TEC, §11.174; a school district that has entered into a contract with a partner to jointly operate a campus or campus program under TEC, §11.157(b); or a school district that operates a resource campus as provided by TEC, §29.934.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings.(1) Contracted campus--A campus for which the board of trustees of a school district has contracted to partner to operate a campus under TEC, §11.174 or §11.157(b).(2) Contracted campus program--A program on a campus operated by a charter school under TEC, Chapter 12, Subchapter D, for which the board of trustees of a school district has contracted to jointly operate the program under TEC, §11.157(b).(3) Resource campus--A campus designated by the commissioner of education to operate as a campus under TEC, §29.934.(c) Entitlement.(1) In the fall of each school year, as part of the settle-up process for the preceding school year, the Texas Education Agency (TEA) will use the attendance reported through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) summer data submission, as well as campus-level data regarding the number of students eligible for compensatory education funding under TEC, §48.104, from the TSDS PEIMS fall submission, to calculate the following for a contracted campus, contracted campus program, or resource campus:(A) the entitlement for each student in average daily attendance at the contracted campus, contracted campus program, or resource campus, as if the campus, contracted campus program, or resource campus were a charter school under TEC, §12.106, using the state average basic allotment as defined under TEC, §12.106(a-1), and state average tax effort for enrichment funding as defined by TEC, §12.106(a-2);(B) the entitlement for each student in average daily attendance at the contracted campus, contracted campus program, or resource campus under TEC, Chapter 48, Subchapters B, C, and E, as adjusted by subsection (d) of this section, using the district's basic allotment and enrichment tax effort without a local share component for those entitlements; and(C) any positive difference that results from subtracting the amount calculated under subparagraph (B) of this paragraph from the amount calculated under subparagraph (A) of this paragraph, which shall be added to the district's Foundation School Fund Allotment.(2) Campus program attendance must be reported on a separate track to receive funding.(d) Estimates. School districts will be provided with estimated funding during a school year for eligible contracted campuses, contracted campus programs, or resource campuses based on the prior year's attendance data using the same methodology used in subsection (c)(1) of this section to calculate the entitlement. The final entitlement will be based on data from the current school year as provided for in subsection (c)(1) of this section. Any difference from the estimated entitlement will be addressed as part of the Foundation School Program settle-up process according to the provisions of TEC, §48.272.(e) Exclusions. For purposes of the calculation in subsection (c) of this section, the following allotments shall be excluded from the entitlement:(1) the Career and Technology Education Allotment under TEC, §48.106(a-1), for students enrolled in P-TECH or New Tech Network campuses;(2) the College, Career, or Military Readiness Outcomes Bonus under TEC, §48.110;(3) the Teacher Incentive Allotment under TEC, §48.112;(4) the Mentor Program Allotment under TEC, §48.114;(5) the School Safety Allotment under TEC, §48.115; and(6) the Fast Growth Allotment under TEC, §48.111.(f) Funding for instructional facilities for charter schools. Effective September 1, 2018, for purposes of the calculation in subsection (c)(1)(A) of this section, any funding to which the contracted campus, contracted campus program, or resource campus would be entitled under TEC, §12.106(d), will be included in the calculation.(g) Recovery of funds. If a contract is found to be out of compliance with TEC, §11.157 or §11.174, or §97.1075 of this title (relating to Contracting to Partner to Operate a Campus under Texas Education Code, §11.174), TEA will eliminate any funding provided for that campus, contracted campus program, or resource campus under TEC, §48.252, and recover any funds overallocated under the provisions of TEC, §48.272.</content><note type="source"><p>Source Note: The provisions of this §61.1010 adopted to be effective June 19, 2018, 43 TexReg 3882; amended to be effective March 30, 2021, 46 TexReg 2007; amended to be effective June 21, 2022, 47 TexReg 3533.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1011"><num value="61.1011">§61.1011</num><heading>Formula Transition Grant</heading><content>(a) General provisions. This section implements Texas Education Code (TEC), §48.277 (Formula Transition Grant), which provides for additional funding for school districts with new funding levels that did not exceed certain thresholds as a result of the passage of House Bill (HB) 3, 86th Texas Legislature, 2019. In accordance with TEC, §48.277, this section defines the data sources that Texas Education Agency (TEA) will use in calculating the prior law funding available to school districts.(b) Definitions. The following terms have the following meanings when used in this section.(1) Average daily attendance (ADA)--Average daily attendance as defined by TEC, §48.005(a).(2) Foundation School Program (FSP)--The program established under TEC, Chapters 46, 48, and 49, or any successor program of state-appropriated funding for school districts in this state.(3) Local maintenance and operations (M&O) tax collections--The amount of local M&O taxes collected by a school district.(4) Maintenance and operations revenue--The total M&O revenue available to a school district for maintenance and operations under the FSP, including state aid and M&O tax collections net of any required recapture payments.(5) Public Education Information Management System (PEIMS)--The system that encompasses all data requested and received by TEA about public education, also known as the Texas Student Data System (TSDS) or TSDS PEIMS.(c) Data sources for calculating M&O revenue under TEC, Chapters 41 and 42, as those chapters existed on January 1, 2019.(1) M&O tax rate. TEA will use a district's tax year 2018 adopted M&O tax rate, minus any pennies of tax effort adopted in response to a disaster under Texas Tax Code, §26.08(a-1).(2) M&O tax collections. For the 2019-2020 and 2020-2021 school years, the M&O tax collections under prior law are equal to the product of:(A) the quotient of:(i) the actual M&O tax collections for the school year submitted to TEA for FSP purposes; and(ii) the actual adopted M&O tax rate for the school year; and(B) the adopted M&O tax rate for the 2018 tax year.(3) Total tax levy. For purposes of calculating a district's support of students enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf under TEC, §30.003, TEA will calculate the total tax levy by adding the district's interest and sinking (I&S) tax collections to the M&O tax collections calculated in paragraph (2) of this subsection.(4) Average daily attendance. In calculating the ADA of a school district under former TEC, §42.005, TEA will exclude any attendance submitted to TEA under TEC, §48.0051 (Incentive for Additional Instructional Days). For the 2019-2020 and 2020-2021 school years, the calculation of ADA of a school district under former TEC, §42.005, will include adjustments related to the ADA hold harmless provided for that school year but will exclude any reduction in ADA arising from the application of the Elementary and Secondary School Emergency Relief funding toward the ADA hold harmless.(5) State compensatory education full-time equivalent (FTE) student counts. To calculate the number of students eligible for the compensatory education allotment under former TEC, §42.152, TEA will continue to average the best six months number of students eligible for enrollment in the National School Lunch Program from the preceding federal fiscal year submitted to TEA from the Texas Department of Agriculture. Districts that used alternative reporting of these students through the FSP will be able to continue to submit alternative reporting data through the FSP system for purposes of calculating prior law revenue under the formula transition grant.(6) Career and technical education (CTE) FTE student counts. To calculate the number of student FTEs eligible for the career and technology education allotment under former TEC, §42.153, TEA will use CTE FTEs submitted to TEA in the summer PEIMS submission for each year and exclude any CTE FTEs in Grade 7 or 8 that were authorized for FSP funding starting with the 2019-2020 school year under TEC, §48.106 (Career and Technology Education Allotment). TEA will also exclude any new CTE funding related to Pathways in Technology Early College High School (P-TECH) schools and the New Tech Network.(7) Bilingual education. To calculate the bilingual education allotment under former TEC, §42.153, TEA will use data submitted to PEIMS for emergent bilingual students in bilingual or special language programs under TEC, Chapter 29, Subchapter B (Bilingual Education and Special Language Programs).(8) High school allotment. To calculate the high school allotment under former TEC, §42.260, TEA will continue to use PEIMS ADA for students in Grades 9-12.(9) Staff salary allotment. To calculate the additional state aid for staff salary increases under former TEC, §42.2513, TEA will use the numbers of full-time and part-time employees other than administrators or employees subject to the minimum salary schedule submitted to TEA through the FSP system for the 2018-2019 school year.(10) Additional state aid for homestead exemption. To calculate the additional state aid for homestead exemption under former TEC, §42.2518, TEA will use the values calculated for districts for the 2018-2019 school year.(11) Guaranteed yield. To calculate the guaranteed yield allotment under former TEC, §42.302(a-1)(1), TEA will use the amounts per student in weighted average daily attendance (WADA) per penny of tax effort established in the General Appropriations Act, Rider 3, Article III, 86th Texas Legislature, 2019, of $126.88 for the 2019-2020 school year and $135.92 for the 2020-2021 school year.(12) Chapter 41 status. For purposes of determining a district's status under former TEC, Chapter 41, TEA will calculate districts' recapture costs under the law as it existed on January 1, 2019, by assuming all districts with a final wealth per WADA in excess of the equalized wealth level(s) were notified of the requirement to pay recapture and that all districts would have exercised the option to purchase ADA credits under former TEC, Chapter 41, Subchapter D. TEA will further assume that all affected districts would have qualified for the early agreement credit as it existed under former TEC, §41.098.(13) School district entitlement for certain students. TEA will exclude calculations of state aid under former TEC, §42.2511, and TEC, §48.252 (School District Entitlement for Certain Students) in calculations for the formula transition grant.(14) Maintenance of effort and equity for federal money related to Covid-19 pandemic. TEA will exclude increases in entitlements under TEC, §48.281 (Maintenance of Effort and Equity for Federal Money Related to Covid-19 Pandemic) in calculations for the formula transition grant.(15) Limitation on old law calculations.(A) TEA will stop running prior law calculations for the 2019-2020 school year after June 30, 2021, and the amounts that a district would have received for the 2019-2020 school year under TEC, §48.277(a) and (d-1), will not be changed after that date.(B) TEA will stop running prior law calculations for the 2020-2021 school year after June 30, 2022, and the amounts that a district would have received for the 2020-2021 school year under TEC, §48.277(a) and (d-1), will not be changed after that date.</content><note type="source"><p>Source Note: The provisions of this §61.1011 adopted to be effective May 17, 2020, 45 TexReg 3052; amended to be effective May 18, 2021, 46 TexReg 3125; amended to be effective August 16, 2022, 47 TexReg 4852.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1012"><num value="61.1012">§61.1012</num><heading>Contracts and Tuition for Education Outside District</heading><content>(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Home district--District of residence of a transferring student.(2) Receiving district--District to which a student is transferring for the purpose of obtaining an education.(3) Tuition--Amount charged to the home district by the receiving district to educate the transfer student.(b) Tuition charge for transfer students. For the purposes of calculating the tuition allotment of the home district as authorized by the Texas Education Code (TEC), §48.154, the amount of tuition that may be attributed to a home district for a transfer student in payment for that student's education may not exceed an amount per enrollee calculated for each receiving district. The calculated limit applies only to tuition paid to a receiving district for the education of a student at a grade level not offered in the home district. Tuition may be set at a rate higher than the calculated limit if both districts enter a written agreement, but the calculated tuition limit will be used in the calculation of the tuition allotment for the home district. The calculation will use the most currently available data in an ongoing school year to determine the limit that applies to the subsequent school year. For purposes of this section, the number of students enrolled in a district will be appropriately adjusted to account for students ineligible for the Foundation School Program funding and those eligible for half-day attendance.(1) Calculated tuition limit. Beginning with the limit for the 2012-2013 school year, the calculated tuition limit is the sum of the excess maintenance and operations (M&O) revenue per enrollee and the excess debt revenue per enrollee, as calculated in paragraphs (2) and (3) of this subsection, respectively.(2) Excess M&O revenue per enrollee. A district's excess M&O revenue per enrollee is defined as the sum of state aid in accordance with the TEC, Chapter 48, Subchapters B, C, D, and E. These state aid amounts are added to M&O tax collections, and the sum is divided by enrollment to determine the amount of total state and local revenue per enrolled student. The amount of state aid gained by the addition of one transfer student is subtracted from the total amount of state and local revenue per student to determine the revenue shortfall created by the addition of one student. M&O taxes exclude the local share of any lease purchases funded in the Instructional Facilities Allotment (IFA) as referenced in the TEC, Chapter 46, Subchapter A, and taxes paid to a tax increment fund authorized by the Texas Tax Code, Chapter 311.(A) The data for this calculation are derived from the Public Education Information Management System (PEIMS) fall data submission (budgeted M&O tax collections and student enrollment) and the legislative payment estimate (LPE) data (Foundation School Program student counts and property value).(B) The state aid gained by the receiving district from the addition of one transfer student is computed by the commissioner of education. The calculation assumes that the transfer student participates in the special programs at the average rate of other students in the receiving district.(3) Excess debt revenue per enrollee. A district's excess debt revenue per enrollee is defined as interest and sinking fund taxes budgeted to be collected that surpass the taxes equalized by the IFA pursuant to the TEC, Chapter 46, Subchapter A, and the Existing Debt Allotment (EDA) pursuant to the TEC, Chapter 46, Subchapter B, divided by enrollment.(A) The local share of the IFA for bonds is subtracted from debt taxes budgeted to be collected as reported through the PEIMS. The local share of the EDA is subtracted from debt taxes budgeted to be collected as reported through the PEIMS only if the district receives a payment for the state share of the EDA.(B) The estimate of enrollment includes transfer students.(4) Notification and appeal process. In the spring of each school year, the commissioner will provide each district with its calculated tuition limit and a worksheet with a description of the derivation process. A district may appeal to the commissioner if it can provide evidence that the use of projected student counts from the LPE in making the calculation is so inaccurate as to result in an inappropriately low authorized tuition charge and undue financial hardship. A district that used significant nontax sources to make any of its debt service payments during the base year for the computation may appeal to the commissioner to use projections of its tax collections for the year for which the tuition limit will apply. The commissioner's decision regarding an appeal is final.</content><note type="source"><p>Source Note: The provisions of this §61.1012 adopted to be effective September 7, 2000, 25 TexReg 8640; amended to be effective March 28, 2004, 29 TexReg 2881; amended to be effective May 4, 2008, 33 TexReg 3410; amended to be effective April 22, 2012, 37 TexReg 2627; amended to be effective December 30, 2020, 45 TexReg 9510.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1013"><num value="61.1013">§61.1013</num><heading>Foundation School Program Funding for Reimbursement of Disaster Remediation Costs</heading><content>(a) General provisions. This section implements the Texas Education Code (TEC), §42.2524 (Reimbursement for Disaster Remediation Costs). The commissioner of education may make a grant application available and announce the amount of funds available and the due date for applications for that grant cycle for a school district or charter school to apply for an amount of Foundation School Program (FSP) funds determined by the commissioner if the commissioner determines that:(1) amounts for this purpose have been appropriated in accordance with Texas Government Code, §418.073; or(2) appropriated FSP funds are highly likely to exceed the amount to which school districts or charter schools are entitled under the TEC, Chapter 42 and Chapter 46, under the FSP for the biennium, after accounting for all critical FSP data required to make FSP expenditure estimates and all other required FSP grants or FSP awards are fulfilled in accordance with Texas law, and there is sufficient funding remaining to provide for a grant program under the TEC, §42.2524.(b) Eligibility. A school district or charter school that meets the following criteria is eligible to apply:(1) in accordance with TEC, §42.2524(a), all or part of the school district or charter school must be located in an area declared a disaster by the governor under Texas Government Code, Chapter 418;(2) in accordance with TEC, §42.2524(b), the school district or charter school must have incurred and paid disaster remediation costs during the two-year period following the date of the governor's initial proclamation or executive order declaring a state of disaster that the school district or charter school does not anticipate recovering through insurance proceeds, federal disaster relief payments, or another similar source for reimbursement; and(3) in accordance with TEC, §42.2524(b), the school district or charter school must apply for reimbursement during the two-year period following the date of the governor's initial proclamation or executive order declaring a state of disaster. The school district or charter school must submit a completed application by the application deadline. A school district or charter school that submits an incomplete application or submits an application after the application deadline may be deemed ineligible for funds.(c) Definitions. The following terms have the following meanings when used in this section.(1) Disaster remediation costs--Costs incurred by a school district or charter school for replacing school facilities, equipment, and supplies needed to provide instruction at a location where students eligible for FSP funding regularly attend classes.(2) Paid disaster remediation costs--Costs that are paid or remitted resulting in an outflow of cash in exchange for goods or services evidenced by an invoice, receipt, voucher, or other such document, and in accordance with standards found in the Financial Accountability System Resource Guide adopted by reference in §109.41 of this title (relating to Financial Accountability System Resource Guide) and TEC, §42.2524(b), (e), and (h), that the school district or charter school does not anticipate recovering through insurance proceeds, federal disaster relief payment, or another similar source of reimbursement in accordance with TEC, §42.2524(b), and that were paid during the two-year period following the governor's initial proclamation or executive order declaring a state of disaster.(d) Application process. A school district or charter school must submit a new application each time funds are made available under subsection (a) of this section on a form prescribed by the Texas Education Agency (TEA). The application shall contain, at a minimum, the following:(1) identification of the governor's initial proclamation or executive order declaring a state of disaster and evidence that all or part of the school district or charter school is in the area declared a disaster;(2) the total dollar amount of paid disaster remediation costs;(3) the total dollar amount of paid disaster remediation costs paid during the two-year period following the governor's proclamation or executive order declaring a state of disaster that the school district or charter school anticipates to be reimbursed from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement;(4) the total difference between the amounts of paid disaster remediation costs specified in paragraphs (2) and (3) of this subsection and, of the total difference, the specific paid disaster remediation costs for which the school district or charter school is seeking reimbursement as part of the grant program supported by evidence of payment pursuant to subsection (c)(2) of this section;(5) an explanation as to why the school district or charter school does not anticipate to be reimbursed from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement for each specific paid disaster remediation cost identified in paragraph (4) of this subsection for which the school district or charter school is seeking reimbursement as part of the grant program;(6) a certification from the school district or charter school board and school district superintendent or charter school chief executive officer that all paid disaster remediation costs for which the school district or charter school is seeking reimbursement under paragraph (4) of this subsection qualify as paid disaster remediation costs that the school district or charter school paid during the two-year period following the governor's initial disaster proclamation or executive order declaring a disaster and that the school district or charter school board and school district superintendent or charter school chief executive officer do not anticipate recovering through insurance proceeds, federal disaster relief payments, or another similar source of reimbursement; and(7) a certification from the school district or charter school board and school district superintendent or charter school chief executive officer that the school district or charter school, for any paid disaster remediation costs for which the school district or charter school is seeking reimbursement under paragraph (4) of this subsection, the school district or charter school has made and will continue to make efforts to seek reimbursement from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement as allowable or appropriate.(e) Finality of award. Awards of assistance under this section will be made based only on paid disaster remediation costs. Prior to making an award, TEA may request additional documentation including, but not limited to, evidence described in subsection (c)(2) of this section and evidence supporting the certifications required by subsections (d)(6) and (7) of this section. A school district or charter school is not entitled to any requested reimbursement, and a decision by the commissioner is final and may not be appealed.(f) Deadlines. The commissioner will announce a deadline for grant applications in conjunction with making a determination of the amount of funds available for the grant program cycle. All applications received by the announced deadline will be reviewed. Applications will be funded if sufficient funds are available to fully fund each application. If sufficient funds are not available to fully fund each application, funding will be allocated in accordance with subsection (g) of this section.(g) Prioritization of awards. Upon close of the application cycle, all eligible applications will be awarded priority status in accordance with the criteria outlined in paragraphs (1) and (2) of this subsection. All applications within Priority 1 will be fully funded before funds are allocated to Priority 2.(1) Priority 1. Applications from school districts and charter schools that are not subject to the provisions of TEC, Chapter 41. If insufficient funds are available to fully fund Priority 1 eligible applications, award amounts will be reduced proportionately.(2) Priority 2. Applications from school districts or charter schools that are subject to the provisions of TEC, Chapter 41. If sufficient funds are not available to fully fund Priority 2 eligible applications, award amounts will be reduced proportionately. Only expenses that were not reimbursed under the TEC, §41.0931 (Disaster Remediation Costs), are eligible to be reimbursed under this section.(h) Distribution of funds. Funds will be allocated through the FSP and will appear on the school district or charter school payment ledger and be delivered as soon as is practicable after awards have been made.(i) Reporting requirement. Annually after the date of the award under this grant program, the school district or charter school board and school district superintendent or charter school chief executive officer shall provide a certified report on a form prescribed by the TEA until all insurance proceeds, federal disaster relief, or other similar sources of reimbursements related to the disaster are finalized. On the report, the school district or charter school shall identify any insurance proceeds, federal disaster relief payments, or other similar sources of reimbursement that the school district or charter school received for which the school district or charter school previously received payment from TEA under subsection (g) of this section. TEA will adjust funding for any overpayments made to the school district or charter school based on the final report out of the school district's or charter school's future FSP payments or will require a refund from the school district or charter school.(j) Finalization of award. When the school district or charter school determines that all insurance proceeds, federal disaster relief payments, or other similar sources of reimbursement that the school district or charter school anticipates receiving are finalized and there are no pending claims, the school district or charter school board and school district superintendent or charter school chief executive officer shall certify to the TEA in writing that the annual report in subsection (i) of this section is no longer necessary and disaster reporting is finalized.(k) Record retention and audit. The school district or charter school shall maintain all documents necessary to substantiate payment and certifications made in subsections (c)(2), (d), (e), and (f) of this section, and the school district or charter school is subject to audit by the TEA until two years after the school district or charter school certifies to the TEA in writing that the disaster is finalized and closed in accordance with subsection (j) of this section.</content><note type="source"><p>Source Note: The provisions of this §61.1013 adopted to be effective November 1, 2016, 41 TexReg 8604.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1014"><num value="61.1014">§61.1014</num><heading>Credit Against Recapture for Reimbursement of Disaster Remediation Costs</heading><content>(a) General provisions. This section implements the Texas Education Code (TEC), §41.0931 (Disaster Remediation Costs). The commissioner of education shall make an attendance credit application available. The commissioner may make a credit application available prior to a request for assistance.(b) Eligibility. A school district that meets the following criteria is eligible to apply:(1) all or part of the school district must be located in an area declared a disaster by the governor under TEC, Chapter 418;(2) the school district must have incurred and paid disaster remediation costs during the two-year period following the date of the governor's initial proclamation or executive order declaring a state of disaster that the district does not anticipate recovering through insurance proceeds, federal disaster relief payments, or another similar source for reimbursement; and(3) the district purchases attendance credits under TEC, §41.091.(c) Definitions. The following terms have the following meanings when used in this section.(1) Disaster remediation costs--Costs incurred by a school district or charter school for replacing school facilities, equipment, and supplies needed to provide instruction at a location where students eligible for FSP funding regularly attend classes.(2) Paid disaster remediation costs--Costs that are paid or remitted resulting in an outflow of cash in exchange for goods or services evidenced by an invoice, receipt, voucher, or other such document, and in accordance with standards found in the Financial Accountability System Resource Guide adopted by reference in §109.41 of this title (relating to Financial Accountability System Resource Guide) and TEC, §42.2524(b), (e), and (h), that the school district does not anticipate recovering through insurance proceeds, federal disaster relief payment, or another similar source of reimbursement in accordance with TEC, §41.0931(b), and that were paid during the two-year period following the governor's initial proclamation or executive order declaring a state of disaster.(d) Application process. A school district must submit an application seeking a credit against recapture on a form prescribed by the Texas Education Agency (TEA). The application shall contain, at a minimum, the following:(1) identification of the governor's initial proclamation or executive order declaring a state of disaster and evidence that all or part of the school district is in the area declared a disaster;(2) the total dollar amount of paid disaster remediation costs during the two-year period following the governor's proclamation or executive order declaring a state of disaster;(3) the total dollar amount of paid disaster remediation costs paid during the two-year period following the governor's proclamation or executive order declaring a state of disaster that the school district anticipates to be reimbursed from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement;(4) the total difference between the amounts of paid disaster remediation costs specified in paragraphs (2) and (3) of this subsection and, of the total difference, the specific paid disaster remediation costs for which the school district is seeking to reduce attendance credits under TEC, §41.093, as part of this credit program supported by evidence of payment pursuant to subsection (c)(2) of this section;(5) an explanation as to why the school district does not anticipate to be reimbursed from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement for each paid disaster remediation cost identified in paragraph (4) of this subsection;(6) a certification from the school district board and superintendent that all paid disaster remediation costs for which the school district is seeking reimbursement under paragraph (4) of this subsection qualify as paid disaster remediation costs and that the school district board and superintendent do not anticipate recovering these payments through insurance proceeds, federal disaster relief payments, or another similar source of reimbursement; and(7) a certification from the school district board and superintendent that the school district, for any paid disaster remediation costs for which the school district is seeking a credit under paragraph (4) of this subsection, the school district has made and will continue to make efforts to seek reimbursement from insurance proceeds, federal disaster relief payments, or another similar source of reimbursement as allowable or appropriate.(e) Amount of the credit. The total amount of the credit cannot exceed the total amount required to be paid by the school district for attendance credits under TEC, §41.093, during the two-year period following the date of the governor's initial proclamation or executive order declaring a disaster. This credit limit will be recalculated each May of the two school years for which the credit can apply. No changes to the size of the credit will be made for that school year after that time. The amount of credits to be paid by the school district under TEC, §41.093, will be reduced by the amount of any disaster remediation costs the school district identifies under subsection (d)(4) of this section that the school district paid during the two-year period following the governor's initial declaration of a disaster or executive order. Prior to providing a credit, TEA may request additional documentation including, but not limited to, evidence described in subsection (c)(2) of this section and evidence supporting the certifications required by subsections (d)(6) and (7) of this section.(f) Updates for new payments. If a school district makes more paid disaster remediation cost payments after submission of its initial application to the TEA, the TEA will prescribe a form allowing the school district to submit additional paid disaster remediation cost payments and information consistent with the application process in subsection (d) of this section and will increase the amount of credit as appropriate pursuant to subsection (e) of this section.(g) Reporting requirement. Annually the school district board and superintendent shall provide a certified report on a form prescribed by the TEA until all insurance proceeds, federal disaster relief, or other similar sources of reimbursements related to the disaster are finalized. On the report, the school district shall identify any insurance proceeds, federal disaster relief payments, or other similar sources of reimbursement that the school district received for which the school district previously received a credit against student attendance credits under TEC, §41.093, and this program. The school district is required to refund the Foundation School Program the full amount for any payment received.(h) Finalization of award. When the school district determines that all insurance proceeds, federal disaster relief payments, or other similar sources of reimbursement that the school district anticipates receiving are finalized and there are no pending claims, the school district board and superintendent shall certify to the TEA in writing that the annual report required by subsection (g) of this section is no longer necessary and disaster reporting is finalized.(i) Record retention and audit. The school district shall maintain all documents necessary to substantiate expenditures and certifications made in subsections (c)(2), (d), (e), and (f) of this section, and the school district is subject to audit by the TEA until two years after the school district certifies to the TEA in writing that the disaster is finalized and closed in accordance with subsection (h) of this section.</content><note type="source"><p>Source Note: The provisions of this §61.1014 adopted to be effective November 1, 2016, 41 TexReg 8604.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1015"><num value="61.1015">§61.1015</num><heading>Property Value Adjustments Due to Taxpayer Protests</heading><content>(a) A school district is eligible for a property value adjustment if a major taxpayer fails to pay all or a portion of its ad valorem taxes because of a protest regarding the valuation of its property.(1) A taxpayer is considered "major" if the amount protested contributes 5.0% or more to the tax collections of the school district.(2) To be eligible for the adjustment, the district must have a Maintenance and Operations (M&O) tax rate that equals or exceeds the M&O tax rate in the prior year.(b) The commissioner of education shall grant the adjustment at his or her discretion. If granted, the tax base of the eligible district shall be reduced by 100% of the protested value for the purpose of temporarily increasing the state aid payment to the district.(c) When the protest has been resolved, the district must submit the results of the settlement to the commissioner within 30 days. An appropriate form shall be supplied by the commissioner to be completed by the district documenting the results of the protest and verified by the signature of the chief appraiser.(d) Recovery of state aid overpayment or collection of insufficient recapture amounts due from the district as a result of the settlement shall be made by means of offsetting adjustments to current or subsequent year state aid or recapture amounts. These amounts must be repaid no later than two years after the year in which the adjustment was initially made.</content><note type="source"><p>Source Note: The provisions of this §61.1015 adopted to be effective December 2, 2001, 26 TexReg 9619.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1016"><num value="61.1016">§61.1016</num><heading>Hazardous Transportation Funding</heading><content>(a) General provisions. This section implements the Texas Education Code (TEC), §48.151(d)-(d-2) (Transportation Allotment), which allows a school district to apply for up to an additional 10% of its regular transportation allotment to be used for the transportation of students living within two miles of the school they attend who would be subject to hazardous traffic conditions or a high risk of violence if they walked to school.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.(2) Hazardous traffic condition--An area within two miles of a campus where no walkway is provided and children must walk along or cross a freeway or expressway, an underpass, an overpass or a bridge, an uncontrolled major traffic artery, an industrial or commercial area, or another comparable condition.(3) Area presenting a high risk of violence--An area within two miles of a campus that law enforcement records indicate presents a high incidence of violent crimes.(c) Eligibility. A school district or county is eligible to report Hazardous Area Service Annual Mileage in the Foundation School Program (FSP) Transportation application if the school district submits to the Texas Education Agency (TEA) a policy adopted by the local board of trustees that:(1) explains the specific hazardous traffic conditions or areas presenting high risk for violence that apply to the district and exist within two miles of its campuses; and(2) if a school district elects to implement community walking transportation programs or innovative school safety projects, requires such district-supported community walking transportation programs or innovative school safety projects to:(A) utilize trained adults with current background checks to either walk students to their home or school or to stand guard along safe routes; and(B) provide financial reports to the district each semester.(d) Reporting. School districts are required to submit a Hazardous Area Policy prior to the start of the school year and to report annual Hazardous Area Service mileage by August 1 of each school year on the Home-to-School/School-to-Home section of the FSP Transportation Route Services Report. School districts requesting funds for an area presenting a high risk of violence must provide to TEA, contemporaneously with the explanation required by subsection (c) of this section, consolidated law enforcement records that document violent crimes identified by reporting agencies within the relevant jurisdiction.(e) Funding formula. Funding for hazardous traffic and high-risk-of-violence routes is limited to 10% of the district's two or more mile only service. Hazardous transportation funding for students riding the bus will be calculated at the standard rate for regular transportation services. Funding for high-risk-of-violence walking areas will be calculated at the regular route services rate of $1.00 per mile.</content><note type="source"><p>Source Note: The provisions of this §61.1016 adopted to be effective July 11, 2018, 43 TexReg 4556; amended to be effective March 2, 2021, 46 TexReg 1379.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1017"><num value="61.1017">§61.1017</num><heading>Maintenance of Effort and Equity for Federal Money Related to the COVID-19 Pandemic</heading><content>(a) General provisions. This section implements Texas Education Code (TEC), §48.281 (Maintenance of Effort and Equity for Federal Money Related to COVID-19 Pandemic), which provides for increases in funding to school districts and open-enrollment charter schools as necessary to ensure compliance with requirements regarding maintenance of equity under Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401), Section 317; and American Rescue Plan Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section 3401), Section 2001. In accordance with TEC, §48.281, this section defines the data sources that the Texas Education Agency (TEA) will use in calculating the amount of the funding.(b) Definitions. The following terms have the following meanings when used in this section.(1) Average daily attendance (ADA)--This term has the meaning defined by TEC, §48.005(a). For the 2020-2021 school year, ADA will include adjustments related to the ADA hold harmless provided for that school year but will exclude any reduction in ADA arising from the application of the Elementary and Secondary School Emergency Relief funding toward the ADA hold harmless.(2) Foundation School Program (FSP)--The program established under TEC, Chapters 46, 48, and 49, or any successor program of state-appropriated funding for school districts in Texas.(3) Maintenance and operations (M&O) revenue--The total M&O revenue available to a school district for maintenance and operations under the FSP, including state aid and M&O tax collections net of any required recapture payments. For the 2020-2021 school year, total M&O revenue will include adjustments resulting from the reduction in ADA arising from the application of the Elementary and Secondary School Emergency Relief funding toward the ADA hold harmless.(4) Summary of Finances (SOF)--The SOF report summarizes the total M&O revenue available to a school district or open-enrollment charter school under the FSP.(c) Data sources for calculating M&O revenue per ADA for the 2018-2019, 2020-2021, 2021-2022, and 2022-2023 school years.(1) M&O revenue and ADA for the 2018-2019 school year will use final data from the district planning estimate (DPE) column of SOF Run Identification (Run ID) 34151, subject to the limitation in subsection (d) of this section.(2) M&O revenue and ADA for the 2020-2021 school year will use final data from the DPE column of SOF Run ID 33729 and 33254, respectively, subject to the limitation in subsection (d) of this section.(3) M&O revenue and ADA for the 2021-2022 and 2022-2023 school years will use the most current data for each column of the SOF report, subject to the limitation in subsection (d) of this section.(4) For the 2022-2023 school year only, for purposes of calculating a school district or open-enrollment charter school's 2022-2023 allotment under paragraph (3) of this subsection, M&O revenue for the 2021-2022 school year will also include the allotment under paragraph (3) of this subsection.(d) Limitations on calculations.(1) For purposes of calculating an allotment under this section, the prior year M&O revenue and ADA for the 2018-2019 and 2020-2021 school years will not be changed from the SOF Run IDs identified in subsection (c)(1) and (2) of this section.(2) TEA will stop running calculations for the 2021-2022 school year after June 30, 2023, and the amounts that a school district or open-enrollment charter school would have received for the 2021-2022 school year under TEC, §48.281(a), will not be changed after that date.(3) TEA will stop running calculations for the 2022-2023 school year after June 30, 2024, and the amounts that a school district or open-enrollment charter school would have received for the 2022-2023 school year under TEC, §48.281(a), will not be changed after that date.</content><note type="source"><p>Source Note: The provisions of this §61.1017 adopted to be effective December 6, 2022, 47 TexReg 8040.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1018"><num value="61.1018">§61.1018</num><heading>Payment of Health Care Supplementation</heading><content>(a) Purpose. In accordance with the Texas Education Code (TEC), Chapter 22, Subchapter D, each year the Texas Education Agency (TEA) shall distribute staff salary allotment funds to eligible entities for the purpose of making payments of health care supplementation to eligible employees, as specified by the provisions delineated in this section.(b) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise.(1) Eligible entity--An eligible entity is defined as:(A) a school district or other educational district whose employees are members of the Teacher Retirement System of Texas (TRS);(B) a participating open-enrollment charter school; or(C) a regional education service center.(2) Full-time employee--An individual is employed as a full-time employee if the individual:(A) is a participating member of the TRS;(B) is employed by an eligible entity;(C) is not a retiree covered under the Texas Public School Retired Employees Group Benefits Act established under the Texas Insurance Code, Chapter 1575;(D) is not a minimum-salary-schedule employee; and(E) works for an eligible entity or any combination of eligible entities for 30 or more hours each week.(3) Minimum-salary-schedule employee--A classroom teacher, full-time librarian, full-time counselor, or full-time nurse subject to the minimum salary schedule under the TEC, §21.402.(4) Part-time employee--An individual is employed as a part-time employee if the individual:(A) is a participating member of the TRS;(B) is employed by an eligible entity;(C) is not a retiree covered under the Texas Public School Retired Employees Group Benefits Act established under the Texas Insurance Code, Chapter 1575;(D) is not a minimum-salary-schedule employee; and(E) works for an eligible entity or any combination of eligible entities for fewer than 30 hours each week.(5) Staff salary allotment--An allotment made up of the health care supplementation funding an eligible entity is due under the TEC, Chapter 22, Subchapter D, based on the entity's number of full-time and part-time employees.(c) Reporting. For each designated report month, each eligible entity must report to the TEA the number of full-time and part-time employees eligible to receive health care supplementation, as determined by the eligible entity in accordance with requirements established by the TEA in this section. The TEA may dispute, seek verification of, or conduct an investigation regarding the reported number of employees and staff at any time after receiving the report.(d) Eligibility. For the purposes of this section, an individual is eligible to receive health care supplementation if the individual:(1) is employed by an eligible entity;(2) is a full-time employee, as defined in subsection (b)(2) of this section, or a part-time employee, as defined in subsection (b)(4) of this section;(3) is not a minimum-salary-schedule employee, as defined in subsection (b)(3) of this section; and(4) has provided written election of whether to designate a portion of the individual's compensation to be used as health care supplementation, in accordance with the TEC, §22.105.(e) Funding formula. The funds for health care supplementation will comprise the staff salary allotment. Funding for the staff salary allotment is based on the number of employees who are eligible and the full- or part-time status of those employees. The staff salary allotment will be paid to the eligible entity as part of its regularly scheduled payments from the Foundation School Program (FSP). If the eligible entity is not scheduled or eligible to receive FSP payments, the staff salary allotment will be paid to the entity in a separate payment.(1) During the school year, the staff salary allotment will be based on the sum of:(A) an amount equal to the estimated number of full-time employees multiplied by $500; and(B) an amount equal to the estimated number of part-time employees multiplied by $250.(2) The final staff salary allotment due to an eligible entity for a school year will be determined by the reports of eligible employees submitted to the division responsible for state funding during the settle-up processes as described in subsection (f) of this section.(3) The formula for determining the final staff salary allotment is as follows.(A) The data submitted by an eligible entity to the division responsible for state funding is used to calculate the entity's staff salary allotment.(B) Each month, the count of full-time employees is multiplied by $500/12.(C) Each month, the count of part-time employees is multiplied by $250/12.(D) The final staff salary allotment is determined by summing the monthly amounts for the full-time and part-time staff for the state fiscal year beginning September 1 and ending August 31.(f) Settle-up. The TEA may make adjustments to previously reported numbers and may make a corresponding increase or decrease in funds that would otherwise be remitted to an eligible entity at any time after receipt of a report. A final determination of the staff salary allotment due to an eligible entity will be based on the reports of eligible employees submitted to the TEA division responsible for state funding.(1) Near-final settle-up. Eligible entities must submit proposed adjustments to reports of eligible employees for a school year by August 31 of that school year for those adjustments to be reflected in the near-final settle-up reconciliation. Additional amounts owed to an eligible entity for health care supplementation will be added to the staff salary allotment due to the eligible entity in the subsequent school year. Any reductions in payments will be subtracted from the staff salary allotment due to the eligible entity in the subsequent school year until the overpayment has been recovered.(2) Final settle-up. Eligible entities must submit proposed adjustments to reports of eligible employees for a school year by March 31 of the following school year for those adjustments to be reflected in the final settle-up reconciliation. Additional amounts owed to an eligible entity for health care supplementation will be added to the staff salary allotment due to the eligible entity in April and subsequent months of the current school year. Any overpayments from a prior year that exceed the amount owed to an eligible entity for health care supplementation by March 31 of the following school year will be subtracted from other FSP payments owed to that eligible entity in April and subsequent months until the full amount of overpayment has been recovered. Any overpayments that cannot be subtracted from the current staff salary allotment or other FSP payments will be due and payable on request from the TEA.(3) Adjustments to allotment. For a period not to exceed five years after the close of a fiscal year, the TEA may adjust the amount of an eligible entity's staff salary allotment for that year as a result of review, investigation, or audit of the eligible entity's reports of eligible employees and other data related to the staff salary allotment.</content><note type="source"><p>Source Note: The provisions of this §61.1018 adopted to be effective January 31, 2006, 31 TexReg 490; amended to be effective March 5, 2009, 34 TexReg 1584.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1019"><num value="61.1019">§61.1019</num><heading>Additional State Aid for Ad Valorem Tax Credits under the Texas Economic Development Act</heading><content>(a) General provisions. This section implements the Texas Education Code (TEC), §48.254 (Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act). In accordance with the TEC, §48.254, a school district, including a school district that is otherwise ineligible for state aid under the TEC, Chapter 48, is entitled to state aid in an amount equal to the amount of all tax credits applied against ad valorem taxes of the school district in each year that tax credits were applied pursuant to the Texas Tax Code, Chapter 313, also known as the Texas Economic Development Act. School districts eligible to receive additional state aid under the TEC, §48.254, must apply to the commissioner of education in order to receive additional state aid equal to the qualifying ad valorem tax credits issued under the Texas Tax Code, Chapter 313, Subchapter D, as that subchapter existed prior to repeal by House Bill (HB) 3390, 83rd Texas Legislature, Regular Session, 2013, subject to certain annual limitations.(b) Definitions. The following phrases, words, and terms, when used in this section, will have the following meanings, unless the context clearly indicates otherwise.(1) Eligible property--A term that has the meaning assigned in the Texas Tax Code, §313.024.(2) Limitation on appraised value--A term that has the meaning assigned in the Texas Tax Code, Chapter 313. A school district may limit the appraised value on a qualified property for the purposes of ad valorem taxation for a period of eight tax years, beginning with the tax year that follows the applicable two-year qualifying time period. A limitation on appraised value applies only to the maintenance and operations portion of a school district's ad valorem tax rate. For each tax year in which the limitation on appraised value is in effect, the appraised value of the qualified property that is described in the written agreement between the school district and taxpayer for school district maintenance and operations ad valorem tax may not exceed the lesser of the market value of the property or the amount to which the school district has agreed, but the limited amount must be at least the minimum amount of limitation that is set for the applicable school district category in the Texas Tax Code, Chapter 313.(3) Qualified property--A term that has the meaning assigned in the Texas Tax Code, §313.021(2).(4) Tax credit--A credit that is made to a taxpayer who has applied for and received a limitation on appraised value under the Texas Tax Code, Chapter 313, from the school district that approved the limitation in an amount equal to the amount of ad valorem taxes paid to that school district that were imposed on the portion of the appraised value of the qualified property that exceeds the amount of the limitation agreed to by the governing body of the school district under the Texas Tax Code, §313.027(a)(2), in each year in the applicable qualifying time period.(5) Tax year--The calendar year beginning January 1 in which the taxpayer incurred ad valorem taxes on the qualified property for which the taxpayer is entitled to a tax credit toward ad valorem taxes paid in that tax year.(6) Texas Economic Development Act--The Texas Tax Code, Chapter 313.(c) Eligibility for additional state aid.(1) A school district may be eligible for additional state aid under the TEC, §48.254, only pursuant to the provisions of the TEC, §48.254, and the Texas Tax Code, Chapter 313.(2) A school district must file an application on a form prescribed by the commissioner in accordance with the applicable timeline as described in subsection (i) of this section. A separate application must be made for each tax year for which additional state aid is being requested. An application, including the required supporting documentation described in subsections (d)(2) and (d)(3) of this section, as applicable, must be complete in order for the Texas Education Agency (TEA) to process it.(3) A school district must be in compliance with the reporting requirements set forth in 34 Texas Administrative Code Chapter 9, Subchapter F (relating to Limitation on Appraised Value on Certain Qualified Property), to be eligible for additional state aid under the TEC, §48.254.(d) Procedures for filing request for additional state aid for ad valorem tax credits.(1) Method of filing. All requests for additional state aid under the TEC, §48.254, must be filed electronically with the TEA in accordance with instructions on the application.(2) Information required for first year of tax credit. A school district's initial request for additional state aid under the TEC, §48.254, must include:(A) a completed Request for Additional State Aid for Ad Valorem Tax Credit application form, including the template that comprises a component of the application showing requested and projected additional state aid for each agreement under the Texas Tax Code, Chapter 313;(B) a copy of the taxpayer's application to the school district for the tax credit, together with all required attachments to the application;(C) a copy of the school board's resolution or other proof that the school district has approved the taxpayer's application for the tax credit;(D) a copy of the tax bill sent to the taxpayer (showing the taxes imposed are net of the tax credit); and(E) confirmation that, as of the date of the tax credit approval, the taxpayer has not relocated its business outside of the school district.(3) Information required for subsequent years of tax credit. For each year subsequent to the year in which the initial request for the tax credit was approved, the request for additional state aid under the TEC, §48.254, must include:(A) a completed Request for Additional State Aid for Ad Valorem Tax Credit application form, including the template that comprises a component of the application showing requested and projected additional state aid for each agreement under the Texas Tax Code, Chapter 313;(B) a copy of the tax bill sent to the taxpayer (showing the taxes imposed are net of the tax credit); and(C) confirmation that, as of the date of the tax credit approval, the taxpayer has not relocated its business outside of the school district.(e) Forms. The division of the TEA responsible for state funding will make available the application form, including the template, required under subsections (d)(2) and (d)(3) of this section.(f) Limitation of tax credit. In the fourth through the tenth years in which the agreement described in subsection (b)(2) of this section is in effect, the tax credit is limited to 50% of the total maintenance and operations and interest and sinking fund taxes imposed on the qualified property for the tax year for which the credit applies.(g) Determination of additional state aid. For any tax year for which additional state aid authorized by the TEC, §48.254, is approved, additional state aid will be limited to the amount of the tax credit due to the taxpayer for a qualified property that is receiving a limitation on appraised value for that year as determined in the Texas Tax Code, §313.104, as that section existed prior to the repeal of the Texas Tax Code, Chapter 313, Subchapter D, by HB 3390, 83rd Texas Legislature, Regular Session, 2013.(h) Erroneous tax credits and recovery of state aid for erroneous tax credits. If the comptroller of public accounts or the governing body of the school district determines that an entity that received a tax credit was ineligible to have received it or received more credit than the entity should have received, the school district must provide a notification of the facts to the commissioner within 30 days of the official action. If the TEA determines that an entity that received a tax credit was ineligible to have received it or received more credit than the entity should have received, the commissioner will notify the school district within 30 days of the determination. Any overpayment of additional state aid provided to the school district based on issuance of an erroneous tax credit by the school district will be fully recovered by the TEA pursuant to the TEC, §48.272.(i) Timeline for submission of application requests. The school district must submit its application for additional state aid for ad valorem tax credits on or before May 31 each year for which the tax credit is due.(j) Payment to the school district. On approval of a school district's application for additional state aid for ad valorem tax credits by the commissioner, the amount of the credit will be applied to the entitlement due to the school district (as soon as practicable after the application is approved).</content><note type="source"><p>Source Note: The provisions of this §61.1019 adopted to be effective April 23, 2009, 34 TexReg 2532; amended to be effective July 17, 2017, 42 TexReg 3540; amended to be effective December 30, 2020, 45 TexReg 9511.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scAA/s61.1020"><num value="61.1020">§61.1020</num><heading>Excess Funds for Video Surveillance of Special Education Settings</heading><content>(a) General provisions. This section implements the Texas Education Code (TEC), §48.265 (Excess Funds for Video Surveillance of Special Education Settings). If the commissioner of education determines that appropriated funds are highly likely to exceed expenditures under the Foundation School Program (FSP) for the biennium after accounting for all critical FSP data required to make accurate expenditure estimates and there is sufficient funding remaining to provide for a grant program under the TEC, §48.265, the commissioner shall make a grant application available to apply for funds to cover the cost of purchasing video equipment for use in implementing the TEC, §29.022, and announce the amount of funds available.(b) Eligibility. School districts and charter schools that have purchased or that intend to purchase video equipment for the purpose of implementing the TEC, §29.022, may apply for funds necessary to reimburse the cost of such equipment. Purchases made after September 1, 2015, that have not been previously reimbursed under this grant program or through gifts, grants, or donations under the TEC, §29.022(f), are eligible to apply.(c) Application process. School districts and charter schools must submit a separate application request in each year that excess funds are made available. The application shall contain, at a minimum, the following:(1) a description of the type of equipment to be purchased or that has been purchased using funds provided under this section;(2) a description of the intended use of the equipment to be funded using funds provided under this section; and(3) an itemized account of the cost of the equipment to be funded using funds provided under this section.(d) Finality of award. Awards of assistance under this section will be made based on the information available to the Texas Education Agency as of the deadline for receipt of applications for that application cycle.(e) Data sources. The maintenance and operations tax rate and the interest and sinking tax rate will be based on data from the comptroller of public accounts property tax assistance division for the current school year. Maintenance and operations tax collections and the count of students in weighted average daily attendance (WADA) will come from the most recently published summary of finance for the most recent school year that is in Final or Near Final status.(f) Definitions. The following terms have the following meanings when used in this section.(1) State maximum compressed tax rate--The state compression percentage as defined by TEC, §48.255.(2) Maintenance and operations tax collections per WADA--The maintenance and operations tax collections net of payments into a tax increment fund and net of payments for an Instructional Facilities Allotment lease purchase arrangement as reported in the most recently available school year that is in Final or Near Final status divided by the count of students in weighted average daily attendance as reported in the same summary of finance.(3) Video equipment--Video equipment as described in §103.1301(b)(8) of this title (relating to Video Surveillance of Certain Special Education Settings).(4) Eligible requests--An eligible request for funds is a request for video equipment that is necessary to comply with the provisions of the TEC, §29.022, and that has not received funds under this section in a prior application cycle or through a gift, grant, or donation under the TEC, §29.022(f).(g) Deadlines. The commissioner will announce a deadline in conjunction with making a determination that excess funds are available for the purpose of implementing the TEC, §48.265. All applications received by the announced deadline will be reviewed. Successful applications will be ranked according to the criteria in subsection (h) of this section.(h) Priority status. Upon close of the application cycle, all eligible applications will be awarded priority status in accordance with the criteria outlined in paragraphs (1)-(4) of this subsection. All applications within Priority 1 will be fully funded before funds are allocated to Priority 2 and Priority 3. Funds not used for Priority 1 will be allocated to Priority 2 and Priority 3 in proportion to the total funds requested by school districts in those categories. If Priority 2 and Priority 3 applications are fully funded, remaining funds will be allocated to Priority 4.(1) Priority 1. Applications from school districts that have current-year adopted tax rates for maintenance and operations at $0.17 above their maximum compressed tax rates. If insufficient funds remain to fully fund all Priority 1 applications, funds will be awarded in proportion to the amount of eligible requests for each applicant compared to total available funds.(2) Priority 2. Applications from school districts with maintenance and operations tax rates at least equal to the state maximum compressed tax rate. Priority 2 applications will be sorted by maintenance and operations tax collections per WADA and Priority 2 funds shall be awarded beginning with the school district with the lowest collections per WADA.(3) Priority 3. Applications from school districts with interest and sinking fund tax rates of at least $0.40 per $100 of valuation. Priority 3 applications will be sorted by interest and sinking tax rates, and Priority 3 funds shall be awarded beginning with the school district with the highest interest and sinking tax rate. If insufficient funds remain to fully fund all Priority 3 school districts at a given interest and sinking tax rate, remaining funds will be awarded in proportion to the amount of eligible requests for each applicant compared to total available funds.(4) Priority 4. All other applications. Remaining funds available for Priority 4 applications, including charter schools, shall be awarded in proportion to the amount of eligible requests compared to total available funds.(i) Distribution of funds. Funds will be allocated through the FSP and will appear on the school district or charter school summary of finance and be delivered as soon as is practicable after awards have been made.</content><note type="source"><p>Source Note: The provisions of this §61.1020 adopted to be effective November 6, 2016, 41 TexReg 8822; amended to be effective July 27, 2021, 46 TexReg 4451.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scB"><num value="B">SUBCHAPTER B</num><heading>SPECIAL PURPOSE SCHOOL DISTRICTS</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scB/s61.101"><num value="61.101">§61.101</num><heading>Applicability of State Law for Special Purpose School Districts</heading><content>(a) This section applies only to the special purpose school districts operated by the University of Texas at Austin and Texas Tech University.(b) The special purpose school districts operated by the University of Texas at Austin and Texas Tech University are public schools of this state fulfilling the mission of the Texas public education system to ensure that Texas students receive a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation.(c) Each special purpose school district shall be governed by the board of regents of the parent university, which has the authority and responsibilities of a school district board of trustees with respect to the operation of the special purpose school district but has no authority to levy a tax. The board of regents may delegate authority and responsibilities.(d) Each special purpose school district shall have an advisory board consisting of at least five members that, along with the superintendent, reports to the board of regents regarding the operation of the district. The president of the university may designate a person to report on the management, operations, and accountability of the special purpose school district to the board of regents. The following requirements apply to each special purpose school district.(1) The advisory board shall hold public meetings that comply with appropriate notice requirements for governmental bodies.(2) The president of the university shall appoint the superintendent of the special purpose school district.(3) The university shall submit nominees for approval by the State Board of Education (SBOE) to serve as special purpose school district advisory board members. The superintendent may not participate in the nomination process for the advisory board.(4) The superintendent and advisory board shall ensure information required to be made available to the public is made available on the special purpose school district's website.(5) The university shall develop an advisory board training program that provides the relevant board training required under Texas Education Code (TEC), §11.159, and shall submit to the SBOE the training requirements by September 1 of each odd-numbered year.(e) Students who are eligible to enroll in a Texas independent or common school district are eligible to enroll in a special purpose school district, and each special purpose school district:(1) shall establish an initial enrollment window for each academic semester that uses a lottery to fill open spots not filled by previously enrolled students. After the initial enrollment window closes, enrollment may be based on a first come first served basis;(2) shall develop an outreach program targeted at underserved student populations;(3) may admit students at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma in accordance with TEC, §25.001. For purposes of TEC, §25.001(b-2), the term "classroom setting" does not include a virtual classroom that has no physical proximity; and(4) is neither required nor prohibited from providing a student with home computer equipment or internet access.(f) Except as provided elsewhere in this section, each special purpose school district operates as a public school of Texas, and the laws applicable to Texas public schools, per TEC, §11.352(c), apply, including:(1) providing for equal education opportunity, in accordance with the TEC and constitutions of Texas and the United States;(2) charging fees, holding funding in trust for the education of students, and spending funding to achieve the educational purposes listed in this section;(3) complying with student records retention, transmission, and other related requirements;(4) having access to other school resources such as regional education service centers under TEC, Chapter 8 and §11.003; commissioner of education waiver authority under TEC, §7.056; school immunity under TEC, Chapter 22, Subchapter B; and relevant grant programs;(5) certification requirements under TEC, §§21.003, 21.055, and 21.057, and continuing education requirements under TEC, §21.054, with employment practices to include provisions substantially similar to TEC, §21.0031 and §21.058;(6) complying with the health, safety, and welfare provisions such as reporting of misconduct under TEC, §§21.006, 21.0061, 21.009, 21.057, 21.058, 21.0581, and 21.062, and background checks under TEC, Chapter 22, Subchapters C and C-1;(7) parental and student rights such as those provided for in TEC, Chapter 26.(A) The special purpose school district shall establish a grievance process for complaints.(B) If the special purpose school district determines that releasing a copy of an assessment would jeopardize the security of the assessment because it has not been published and is not publicly available, in place of releasing a copy of the assessment, the special purpose school district shall provide information regarding the standards and concepts for which the student failed to demonstrate proficiency or, using appropriate security protocols, make the assessment available for personal review by the student and parent without releasing a copy;(8) creditable years of service;(9) curriculum and graduation requirements under TEC, Chapter 28;(10) the instructional materials allotment and the provisions of TEC, Chapter 31; and(11) accreditation, assessment of academic skills, academic accountability, and interventions and sanctions under TEC, §11.001 and Chapters 39 and 39A.(g) Each special purpose school district shall develop a policy regarding when a student is deemed absent and has excessive absences under its program.(1) If the student has excessive absences under the policy, the special purpose school district shall notify both the student and the school district the student would otherwise be entitled to attend that the student has been disenrolled from the special purpose school district.(2) By September 1 of each odd-numbered school year, the special purpose school district shall submit its absence policy to the SBOE, including any modifications made since the previous submission.(h) If a special purpose school district seeks a waiver under commissioner authority for more than three consecutive years, the special purpose school district shall submit the issue to the SBOE for consideration as a possible permanent exemption.(i) As a special purpose school district is designed to provide education statewide through digital learning methodologies, the following special requirements and modifications are in effect.(1) TEC, Chapter 12A, does not apply.(2) TEC, Chapter 22, Subchapter A, does not apply.(3) The superintendent shall make personnel decisions for the special purpose school district.(A) Employee grievances shall be covered by the parent university's human resources practices.(B) The parent university's human resources requirements and practices shall apply to employees, unless otherwise indicated by law or rule.(4) The special purpose school district shall operate in the time and accounting manner necessary to comply with the funding model established by the commissioner for access to Foundation School Program (FSP) funds.(5) The special purpose school district shall adopt a student code of conduct that aligns with the provisions of TEC, Chapter 37, but is not required to include the use of disciplinary alternative education programs or juvenile justice alternative education programs.(6) The special purpose school district shall annually submit to the SBOE a report on disciplinary actions made to the district and a report on complaints made to the special purpose school district.(7) TEC, §§11.1542, 11.1543, and 11.155, do not apply.(8) The special purpose school district is not required to have the membership compositions for committees under TEC, §§11.251, 11.252, 11.253, or 11.255, but must develop plans and policies that comply with those provisions.(9) Educator contract requirements under TEC, Chapter 21, Subchapters C, D, E, F, and G; appraisal system requirements under TEC, Chapter 21, Subchapter H; duties and benefits requirements under TEC, Chapter 21, Subchapter I; and staff development requirements under TEC, Chapter 21, Subchapter J, do not apply, and the special purpose school district shall develop an appraisal system that contains the items in TEC, §21.351(a).(10) TEC, §§25.08111 and 25.111-25.114, do not apply.(11) The requirements of TEC, §28.004, to have a school health advisory council do not apply, but the special purpose school district shall:(A) comply with the provisions of TEC, §28.004, with regard to the parameters of health education and curriculum materials; posting, notice, and grievance provisions; and consideration of related issues; and(B) require that the advisory board solicit community and parental input and develop recommendations regarding the subject matter of TEC, §28.004(c)(1), (2)(A) and (D)-(H), and (3)-(6).(12) Financial accountability and fiscal management under TEC, Chapters 39 and 44, shall apply as if the special purpose school district were a university charter school, and the special purpose school district's public funds must be maintained in a manner that allows auditing of the public funds separate from other funds.(j) The provisions of this section apply to each special purpose school district's operation for educating students eligible for enrollment in Texas public schools who enroll in the state-funded special purpose school district. This section does not apply to a tuition-based program operated in tandem with the state-funded program. However, the school operations that include Texas students are subject to subsection (l) of this section.(1) A parent of a Texas student may voluntarily decide to enroll a student in the tuition-based program.(2) The special purpose school district shall biannually report student attendance in its state-funded school and Texas student attendance in its tuition-supported school. Information shall be provided to ensure that student participation does not disadvantage any student group from access to the state-funded school.(k) Each special purpose school district shall submit to the SBOE by September 1 of each odd-numbered year an updated list by section of the TEC, Title I and Title II, with recommendations regarding which sections of the code should apply or not apply to the operations of its schools. The submission must compare the recommendations to the list last provided to the SBOE.(l) If the special purpose school district declines FSP payment, the special purpose school district is authorized to charge tuition and is subject to:(1) accreditation, academic assessment, academic and financial accountability, and interventions under TEC, Chapters 39 and 39A; and(2) reporting requirements imposed by the Texas Education Agency.(m) The parent university of each special purpose school district shall submit nominations for and establish an advisory board as soon as practicable, and the provisions of this section that require the special purpose school district to develop a policy apply beginning with the 2021-2022 school year.</content><note type="source"><p>Source Note: The provisions of this §61.101 adopted to be effective October 25, 2020, 45 TexReg 7420.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scB/s61.111"><num value="61.111">§61.111</num><heading>Applicability of State Law to Boys Ranch Independent School District</heading><content>(a) This section applies only to Boys Ranch Independent School District.(b) Boys Ranch Independent School District, a special purpose school district operated by Cal Farley's Boys Ranch, is a public school of this state fulfilling the mission of the Texas public education system to ensure that Texas students receive a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation.(c) Except as provided by subsection (d) of this section, the laws applicable to Texas public schools apply to Boys Ranch Independent School District in accordance with Texas Education Code (TEC), §11.352(c).(d) The following sections of the TEC do not apply to Boys Ranch Independent School District:(1) TEC, §25.0811, related to the first day of instruction; and(2) TEC, §25.0812, related to the last day of school.</content><note type="source"><p>Source Note: The provisions of this §61.111 adopted to be effective June 13, 2021, 46 TexReg 3519.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES ON REPORTING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scBB/s61.1027"><num value="61.1027">§61.1027</num><heading>Report on the Number of Educationally Disadvantaged Students for Calculating the Compensatory Education Allotment</heading><content>(a) Student eligibility. To be considered educationally disadvantaged in order to be counted to generate the compensatory education allotment pursuant to Texas Education Code (TEC), §48.104, a student must meet the income requirements for eligibility under the National School Lunch Program (NSLP), authorized by 42 United States Code, §§1751, et seq. School districts and open-enrollment charter schools may use the following approved methods for the purpose of receiving the compensatory education allotment pursuant to TEC, §48.104:(1) parent certification, where the parent or guardian asserts meeting the income requirements for eligibility under this subsection;(2) direct certification, where the process by which eligible children are certified for free meals without the need for a household application based on household participation in one or more federal assistance programs; or(3) direct verification, where public records are used to verify a student's eligibility for free or reduced-price meals when verification of student eligibility is required.(b) Student eligibility under the alternative method. In order to calculate the formula transition grant pursuant to TEC, §48.277, and §61.1011 of this title (relating to Formula Transition Grant), for purposes of calculating the compensatory education allotment under TEC, §42.152, as that section existed prior to House Bill 3, 86th Texas Legislature, 2019, school districts and open-enrollment charter schools with one or more campuses not participating in the NSLP may derive an eligible student count by an alternative method.(1) To be considered educationally disadvantaged in order to be counted for compensatory education funding using the alternative method, a student must meet the income requirements for eligibility under the NSLP.(2) The total number of eligible students is the average of the best six months' count of students in accordance with paragraph (1) of this subsection. For school districts and open-enrollment charter schools in the first year of operation, the count is taken from the current school year. For all others, the count is from the preceding school year.(3) For the purposes of receiving compensatory education funding under this subsection, school districts and open-enrollment charter schools must apply and adhere to reporting procedures.(A) The commissioner of education will make available to school districts and open-enrollment charter schools appropriate income eligibility guidelines and application and reporting forms. The number of eligible students in accordance with paragraph (1) of this subsection will be reported on a monthly basis to the Texas Education Agency (TEA) in a manner and with a deadline specified by the commissioner.(B) School districts and open-enrollment charter schools must request prior approval from the commissioner to claim students receiving a full-time virtual education through the state virtual school network in their counts of educationally disadvantaged students. The request must include a plan detailing the enhanced services to be delivered to full-time state virtual school network students and submitted in a manner and with a deadline specified by the commissioner.(c) Community Eligibility Provision (CEP). School districts and open-enrollment charter schools with one or more campuses using the CEP must still determine each student's individual eligibility status under the income guidelines for the NSLP for purposes of the compensatory education allotment.(d) Provisions for students participating in virtual learning in the 2021-2022 school year. For the 2021-2022 school year, students identified as educationally disadvantaged and designated in the Texas Student Data System Public Education Information Management System (TSDS PEIMS) with average daily attendance (ADA) eligibility code 9, Enrolled, Not in Membership Due to Virtual Learning, will generate state compensatory education funds and applicable weight as determined by their census block group number.(e) Recordkeeping. School districts and open-enrollment charter schools that receive compensatory education program funding pursuant to this section are responsible for obtaining the appropriate data from families of potentially eligible students, verifying that information, and retaining records.(f) Auditing procedures. The TEA will conduct an audit of data submitted by school districts and open-enrollment charter schools that receive compensatory education program funding pursuant to this section approximately every five years or on an alternative schedule adopted at the discretion of the commissioner.(g) Data source. The compensatory education allotment will be based on each student census block group submitted by school districts and open-enrollment charter schools in the TSDS PEIMS Fall submission. A census block group number must be submitted for every educationally disadvantaged student and each student coded with ADA eligibility code 9, except those students who are homeless, not enrolled, or otherwise ineligible for ADA or who reside in a residential facility and whose parents live outside the district.</content><note type="source"><p>Source Note: The provisions of this §61.1027 adopted to be effective December 2, 2001, 26 TexReg 9619; amended to be effective May 17, 2016, 41 TexReg 3478; amended to be effective July 21, 2020, 45 TexReg 4971; amended to be effective April 19, 2022, 47 TexReg 2011.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1031"><num value="61.1031">§61.1031</num><heading>School Safety Requirements</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings.(1) Actively monitored--supervised by an adult who can visibly review visitors prior to entrance, who can take immediate action to close and/or lock the door, and whose duties allow for sufficient attention to monitoring.(2) Exterior secured area--an area fully enclosed by a fence and/or wall that:(A) is utilized when keeping doors closed, locked, and latched is not operationally practicable;(B) if enclosed by a fence or wall, utilizes a fence or wall at least 6 feet high with design features that prevent it from being easily scalable, such as stone, wrought iron, chain link with slats or wind screen, or chain link topped with an anti-scaling device, or utilizes a fence or wall at least 8 feet high;(C) is well maintained; and(D) if gated, features locked gates with emergency egress hardware and has features to prevent opening from the exterior without a key or combination mechanism.(3) Instructional facility--this term has the meaning assigned in Texas Education Code (TEC), §46.001, and includes any real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching curriculum under TEC, §28.002. For purposes of this section, an instructional facility does not include real property, improvements to real property, or necessary fixtures of an improvement to real property that are part of a federal, state, or private correctional facility or facility of an institution of higher education, medical provider, or other provider of professional or social services over which a school system has no control.(4) Modular, portable building--(A) an industrialized building as defined by Texas Occupations Code (TOC), §1202.002 and §1202.003;(B) any relocatable educational facility as defined by TOC, §1202.004, regardless of the location of construction of the facility; or(C) any other manufactured or site-built building that is capable of being relocated and is used as a school facility.(5) Primary entrance--(A) the main entrance to an instructional facility that is closest to or directly connected to the reception area; or(B) any exterior door the school system intends to allow visitors to use to enter the facility during school hours either through policy or practice.(6) School system--a public independent school district or public open-enrollment charter school.(7) Secure vestibule--a secured space with two or more sets of doors and an office sign-in area where all but the exterior doors shall:(A) remain closed, latched, and locked;(B) comply with subsection (c)(3)(B) of this section; and(C) only unlock once the visitor has been visually verified.(b) The provisions of this section apply to all school instructional facilities owned, operated, or leased by a school system, regardless of the date of construction or date of lease. The provisions of this section ensure that all school system instructional facilities have access points that are:(1) secured by design;(2) maintained to operate as intended; and(3) appropriately monitored.(c) A school system shall implement the following safety and security standards compliance requirements to all school instructional facilities owned, operated, or leased by the school system.(1) All instructional facilities, including modular, portable buildings, must include the addition of graphically represented alpha-numerical characters on both the interior and exterior of each exterior door location. The characters may be installed on the door, or on at least one door at locations where more than one door leads from the exterior to the same room inside the facility, or on the wall immediately adjacent to or above the door location. Characters shall comply with the International Fire Code, §505, which requires numbers to be a minimum of four inches in height. The primary entrance of an instructional facility shall always be the first in the entire sequence and is the only door location that does not require numbering. The numbering sequence shall be clockwise and may be sequenced for the entire campus or for each facility individually. The door-numbering process must comply with any and all accessibility requirements related to signage.(2) Unless a secure vestibule is present, a primary entrance shall:(A) meet all standards for exterior doors;(B) include a means to allow an individual located within the building to visually identify an individual seeking to enter the primary entrance when the entrance is closed and locked, including, but not limited to, windows, camera systems, and/or intercoms;(C) feature a physical barrier that prevents unassisted access to the facility by a visitor; and(D) feature a location for a visitor check-in and check-out process.(3) All exterior doors shall:(A) be set to a closed, latched, and locked status, except that:(i) a door may be unlocked if it is actively monitored or within an exterior secured area; and(ii) for the purposes of ventilation, a school system may designate in writing as part of its multi-hazard emergency operations plan under TEC, §37.108, specific exterior doors that are allowed to remain open for specified periods of time if explicitly authorized by the school safety and security committee established by TEC, §37.109, when a quorum of members are present, and only if it is actively monitored or within an exterior secured area;(B) be constructed, both for the door and door frame and their components, of materials and in a manner that make them resistant to entry by intruders. Unless inside an exterior secured area, doors constructed of glass or containing glass shall be constructed or modified such that the glass cannot be easily broken and allow an intruder to open or otherwise enter through the door (for example, using forced entry-resistant film);(C) include:(i) a mechanism that fully closes and engages locking hardware automatically after entry or egress without manual intervention, regardless of air pressure within or outside of the facility; and(ii) a mechanism that allows the door to be opened from the inside when locked to allow for emergency egress while remaining locked; and(D) if keyed for re-entry, be capable of being unlocked with a single (or a small set of) master key(s), whether physical key, punch code, or key-fob or similar electronic device.(4) Except when inside an exterior secured area, classrooms with exterior entry doors shall include a means to allow an individual located in the classroom to visually identify an individual seeking to enter the classroom when the door is closed and locked, including, but not limited to, windows, camera systems, and/or intercoms.(5) Except when inside an exterior secured area, all windows that are adjacent to an exterior door and that are of a size and position that, if broken, would easily permit an individual to reach in and open the door from the inside shall be constructed or modified such that the glass cannot be easily broken.(6) Except when inside an exterior secured area, all ground-level windows near exterior doors that are of a size and position that permits entry from the exterior if broken shall be constructed or modified such that the glass cannot be easily broken and allow an intruder to enter through the window frame (for example, using forced entry-resistant film).(7) If designed to be opened, all ground-level windows shall have functional locking mechanisms that allow for the windows to be locked from the inside and, if large enough for an individual to enter when opened or if adjacent to a door, be closed and locked when staff are not present.(8) Roof access doors should remain closed, latched, and locked when not actively in use.(9) All facilities must:(A) include one or more distinctive, exterior secure master key box(es) designed to permit emergency access to both law enforcement agencies and emergency responder agencies from the exterior (for example, a Knox box) at a location designated by the local authorities with applicable jurisdiction; or(B) provide all local law enforcement electronic or physical master key access to the building(s).(10) A communications infrastructure shall be implemented that must:(A) ensure equipment is in place such that law enforcement and emergency responder two-way radios can function within most portions of the building(s); and(B) include a panic alert button, duress, or equivalent alarm system, via standalone hardware, software, or integrated into other telecommunications devices or online applications, that includes the following functionality.(i) An alert must be capable of being triggered by campus staff, including temporary or substitute staff, from an integrated or enabled device.(ii) An alert must be triggered automatically in the event a district employee makes a 9-1-1 call using the hardware or integrated telecommunications devices described in this subparagraph from any location within the school system.(iii) With any alert generated, the location of where the alert originated shall be included.(iv) The alert must notify a set of designated school administrators as needed to provide confirmation of response, and, if confirmed, notice must be issued to the 9-1-1 center of an emergency situation requiring a law enforcement and/or emergency response and must include the location of where the alert originated. A notice can simultaneously be issued to all school staff of the need to follow appropriate emergency procedures.(v) For any exterior doors that feature electronic locking mechanisms that allow for remote locking, the alert system will trigger those doors to automatically lock.(11) School systems shall ensure compliance with state and federal Kari's Laws and federal RAY BAUM's Act and corresponding rules and regulations pertaining to 9-1-1 service for school telephone systems, including a multi-line telephone system.(d) Certain operating requirements. A school system shall implement the following.(1) Access control. The board of trustees or the governing board shall adopt a policy requiring the following continued auditing of building access:(A) conduct at least weekly inspections during school hours of all exterior doors of all instructional facilities to certify that all doors are set to a closed, latched, and locked status and cannot be opened from the outside without a key as required in subsection (c)(3)(A) of this section;(B) report the findings of weekly inspections required by subparagraph (A) of this paragraph to the school system's safety and security committee as required by TEC, §37.109, and ensure the results are kept for review as part of the safety and security audit as required by TEC, §37.108;(C) report the findings of weekly inspections required by subparagraph (A) of this paragraph to the principal or leader of the instructional facility to ensure awareness of any deficiencies identified and who must take action to reduce the likelihood of similar deficiencies in the future; and(D) include a provision in the school system's applicable policy stating that nothing in a school system's access control procedures will be interpreted as discouraging parents, once properly verified as authorized campus visitors, from visiting campuses they are authorized to visit.(2) Exterior and interior door numbering site plan.(A) A school system must develop and maintain an accurate site layout and exterior and interior door designation document for each instructional facility school system-wide that identifies all exterior and interior doors in the instructional facility and depicts all exterior doors on a floor plan with an alpha-numeric designation, in accordance with the door numbering specifications established in subsection (c)(1) of this section.(B) Copies of exterior and interior door numbering site plans shall be readily available in each campus main office.(C) Electronic copies of exterior and interior door numbering site plans shall be provided to the local 9-1-1 administrative entity, the Department of Public Safety, local law enforcement agencies, and emergency first responders in accordance with TEC, §37.117. These entities shall be afforded an opportunity to conduct a walk-through of facilities utilizing the site plans provided.(D) The site layout and exterior and interior door designation document should be oriented in a manner that depicts true north.(3) Maintenance.(A) A school system shall perform at least twice-yearly maintenance checks to ensure the facility components required in subsection (c) of this section function as required. At a minimum, maintenance checks shall ensure the following:(i) instructional facility exterior doors function properly, including meeting the requirements in subsection (c)(3)(A) and (C) of this section;(ii) the locking mechanism for any ground-level windows that can be opened function properly;(iii) any perimeter barriers and related gates function properly;(iv) all panic alert or similar emergency notification systems in classrooms and campus central offices function properly, which includes at least verification from multiple campus staff and classroom locations that a notification can be issued and received by the appropriately designated personnel and that the alert is successfully broadcast to all campus staff and to appropriate law enforcement and emergency responders;(v) all school telephone systems and communications infrastructure provide accurate location information when a 9-1-1 call is made in accordance with state and federal laws and rules and when an alert is triggered in accordance with this section;(vi) all exterior master key boxes function properly and the keys they contain function properly;(vii) law enforcement and emergency responder two-way radios operate effectively within each instructional facility; and(viii) two-way radios used by school system peace officers, school resource officers, or school marshals properly communicate with local law enforcement and emergency response services.(B) A school system shall ensure procedures are in place to require that staff who become aware of a facility component functionality deficiency that would be identified during the twice-yearly maintenance review described by subparagraph (A) of this paragraph immediately report the deficiency to the school system's administration, regardless of the status of the twice-yearly maintenance review.(C) A school system shall promptly remedy any deficiencies discovered as a consequence of maintenance checks required by subparagraph (A) of this paragraph or reports made under subparagraph (B) of this paragraph.(e) In implementing the requirements of this section, school systems shall comply with the provisions of §61.1040(j) of this title (relating to School Facilities Standards for Construction on or after November 1, 2021).(f) To the extent that any provisions of this section conflict with rules adopted in Chapter 61, Subchapter CC, of this title (relating to Commissioner's Rules Concerning School Facilities), including terms defined by this section or standards established by this section, the provisions of this section prevail.(g) In implementing the requirements of this section, school systems shall comply with the standards adopted under Texas Government Code, §469.052.(h) In implementing the requirements of this section, school systems must adopt a 3-year records control schedule that complies with the minimum requirements established by the Texas State Library and Archives Commission schedule, record series item number 5.4.017, as referenced in Texas Government Code, §441.169, and Texas Local Government Code, §203.041.(i) Any document or information collected, identified, developed, or produced relating to the monitoring of school district safety and security requirements is confidential under Texas Government Code, §418.177 and §418.181, and is not subject to disclosure under Texas Government Code, Chapter 552.(j) Certification.(1) A school system must annually certify compliance with subsections (c) and (d) of this section as part of ongoing security audits under TEC, §37.108(b); maintain the certification locally; and provide documentation upon request by TEA. Non-compliance with subsections (c) and (d) of this section and all information received upon completion of a district vulnerability assessment under TEC, §37.1083, shall be reported to the school system's safety and security committee, the school system's board, and TEA, as applicable.(2) TEA may modify rule requirements or grant provisional certification for individual site needs as determined by TEA.</content><note type="source"><p>Source Note: The provisions of this §61.1031 adopted to be effective May 31, 2023, 48 TexReg 2716; amended to be effective August 11, 2024, 49 TexReg 5769.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1032"><num value="61.1032">§61.1032</num><heading>Instructional Facilities Allotment</heading><content>(a) Definitions. The following definitions apply to the instructional facilities allotment (IFA) governed by this section:(1) Instructional facility--real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching the curriculum required by Texas Education Code (TEC), §28.002.(2) Noninstructional facility--a facility that may occasionally be used for instruction, but the predominant use is for purposes other than teaching the curriculum required by TEC, §28.002.(3) Necessary fixture--equipment necessary to the use of a facility for its intended purposes, but which is permanently attached to the facility, such as lighting and plumbing.(4) Debt service--as used in this section, debt service shall include regularly scheduled payments of principal and interest that are made between September 1 and August 31 each year on general obligation bonded debt or the underlying bonded debt applicable to an eligible lease-purchase agreement as reported in the final official statement (FOS) or in the bond order, if the bonds are privately placed, to the state information depository. Debt service payments that are not reported to the state information depository are not eligible to receive IFA state assistance.(5) Allotment--the amount of eligible debt service that can be considered for state aid. The total allotment is made up of a combination of state aid and local funds. The state share and local share are adjusted annually based on changes in average daily attendance (ADA), property values, and debt service.(6) State information depository --the Municipal Advisory Council of Texas (MAC).(7) Sale date--the date of the award (i.e., the official acceptance by the issuer of a bid or an offer to purchase a new issue of municipal securities by an underwriter).(b) Application process. A school district must complete a separate application requesting funding under the IFA for each debt issue or lease-purchase agreement proposed for funding. The commissioner of education may require supplemental information to be submitted at an appropriate time after the application is filed to reflect changes in amounts and conditions related to the debt. The application shall contain at a minimum the following:(1) a description of the needs and projects to be funded with the debt issue or other financing, with an estimate of cost of each project and a categorization of projects according to instructional and noninstructional facilities or other uses of funds;(2) a description of the debt issuance or other financing proposed for funding, including a projected schedule of payments covering the life of the debt;(3) an estimate of the weighted average maturity of bonded debt; and(4) drafts of official statements or contracts that fully describe the debt and that are filed with the state information depository, as soon as available.(c) District eligibility. All school districts legally authorized to enter into eligible debt arrangements as defined in subsection (d) of this section are eligible to apply for an IFA.(d) Debt eligibility. In order to be eligible for state funding under this section, a debt service requirement must meet all of the criteria of this subsection.(1) The debt service must be an obligation of a school district that is entered into pursuant to the issuance of bonded debt under TEC, Chapter 45, Subchapter A; an obligation for refunding bonds as defined in TEC, §46.007; or an obligation under a lease-purchase agreement authorized by Local Government Code, §271.004.(2) Application for funding of bonded debt service must be received at the Texas Education Agency (TEA) before the sale date of an issue.(3) Application for funding of lease-purchase payments must be received at the TEA before the passage of an order by the school district board of trustees authorizing the lease-purchase agreement.(4) Eligible bonded debt must have a weighted average maturity of at least eight years. The term of a lease-purchase agreement must be for at least eight years. For purposes of this section, a weighted average maturity shall be calculated by dividing bond years by the issue price, where "bond years" is defined as the product of the dollar amount of bonds divided by 1,000 and the number of years from the dated date to the stated maturity, and "issue price" is defined as the par value of the issue plus accrued interest, less original issue discount or plus premium.(5) Funds raised by the district through the issuance of bonded debt must be used for an instructional facility purpose as defined by TEC, §46.001. The facility acquired by entering into a lease-purchase agreement must be an instructional facility as defined by TEC, §46.001.(6) If the bonded debt is for a refinancing or a combination of refinancing and new debt, the refinanced portion must meet the same eligibility criteria with respect to dates of first debt service as a new issue as defined by TEC, §46.003(d)(1). The method used for the allocation of debt service between qualified and nonqualified projects and between eligible and ineligible debt will be applied to the debt service schedule resulting from a refinancing of IFA-supported debt.(7) An amended application packet is required for any IFA-supported bonds or IFA-supported lease-purchase agreement that has undergone changes, including, but not limited to, refinancing, restatement, or any other transaction that materially affects the terms of the bonds or the terms of the lease-purchase agreement, including transactions that materially affect the terms of the underlying bonds. Amended application packets must be submitted to the TEA no later than 180 days following the date on which the transaction was approved by the attorney general, if the transaction required approval by the attorney general. If approval by the attorney general was not required, the amended application packet is due within 180 days of the date that the school board approved the transaction.(8) Failure to submit the amended application packet to the TEA division responsible for state funding within the 180-day period defined in paragraph (7) of this subsection will result in the suspension of IFA state aid payments for the applicable IFA allotment award. This suspension has the following effects.(A) Debt service payments associated with the applicable IFA allotment will be disqualified for IFA state aid upon expiration of the 180-day period defined in paragraph (7) of this subsection. Debt service payments made after the 180-day period expires will not earn IFA state aid.(B) IFA state aid associated with the applicable allotment will resume on the date the amended application packet, including any required supporting documentation, is received. The IFA state aid will be based on eligible debt service payments scheduled on or after the date the amended application packet is received.(C) Current and future IFA state aid payments may be adjusted to reflect the disqualified debt service payments. If no IFA state aid is due in a fiscal year that is affected by such an adjustment, a district will be notified about the disqualified amount and the provisions in TEC, §46.009(e), will apply.(D) Unless otherwise requested, payments of IFA state aid based on the updated eligible debt service reported in the completed amended application packet shall be made with the payments due for the following fiscal year in accordance with TEC, §46.009(d).(9) In addition to the provisions in TEC, §46.007, refunding bonds must also meet the following criteria.(A) The refinancing of bonds must result in a present value savings as defined by TEC, §46.007.(i) Present value savings for fixed rate bonds shall be computed at the true interest cost of the refinanced bonds.(ii) In a refinancing of variable rate bonds with fixed rate bonds, present value savings will be calculated based on:(I) an assumed interest rate for the variable rate bonds equal to the Municipal Market Data index (or other comparable index) of "AAA" general obligation tax-exempt bonds for the month in which the bonds were originally issued; and(II) the rate, if any, used to determine the amount deposited into a mandatory and irrevocable fund for the sole purpose of defeasing the bonds in a variable rate mode.(iii) In a refinancing of fixed rate bonds with variable rate bonds, present value savings will be calculated based on an assumed interest rate for the variable rate bonds equal to the ten-year average of the Municipal Market Data index (or other comparable index) of "AAA" general obligation tax-exempt bonds bearing interest in a variable rate mode comparable to the variable rate mode in which the refinanced bonds will be issued.(iv) The district must certify the projected net present value savings for refinancing described in clauses (i)-(iii) of this subparagraph based on the parameters prescribed therein. The district must submit the certification in a format prescribed by the commissioner.(B) A conversion of the period, mode, or index used to determine the interest rate for eligible debt in accordance with the order authorizing the issuance or delivery of such eligible debt shall not be considered a refunding of eligible debt, and a district shall be eligible for state funding assistance based on the new debt service schedule contingent upon receipt of the required amended application packet as defined in paragraph (7) of this subsection.(C) A district may refinance IFA-supported debt up to two times after the issuance of the original IFA-supported debt. Upon the third or subsequent refinancing transaction, the TEA may evaluate the IFA-supported debt for conversion to the Existing Debt Allotment (EDA) program. Determination of eligibility for conversion will be based on the district's remaining capacity in the EDA program and the district's other IFA-supported debt. The TEA will notify the district of the conversion within 180 days of receiving notification of the third or subsequent refinancing transaction involving an IFA-supported debt.(10) Certain other refinanced debt may be eligible for the funding under this subsection.(A) When a district issues a general obligation bond to acquire a facility that is the subject of an existing lease-purchase agreement of the district or refinances an existing lease-purchase agreement with another lease-purchase agreement, the transaction is considered a refinancing of the lease-purchase agreement for purposes of continued participation in the IFA program. Any transactions affecting the lease-purchase agreement, including those that affect the underlying bonds, are subject to the amendment requirements and eligibility criteria specified in paragraphs (7)-(9) of this subsection, including the restrictions related to early redemption and extension of maturity dates, and the requirement for the refinancing transactions to produce present value savings.(B) A lease-purchase agreement in the IFA program that is refinanced with a general obligation bond or another lease-purchase agreement at a present value savings and without extension of the original term of the lease-purchase agreement shall remain part of the IFA program. Any transaction that reduces the term of the lease-purchase agreement to less than eight years will result in the disqualification of IFA state aid on debt service that is associated with the lease-purchase agreement, beginning with the date that the transaction is approved by the school district board of trustees.(C) Any portion of a bond issue that refinances a portion of a lease-purchase agreement that was originally ineligible for IFA funding shall remain ineligible. Ineligible debt includes refunded bonds that fail to meet the criteria under TEC, §46.007, and/or bonds used for purposes not meeting the definition of qualified projects as described in TEC, §46.001 and §46.002.(D) Any portion of a bond issue that refinances a portion of an original lease-purchase agreement that was eligible for IFA consideration but exceeded the IFA limit shall not be eligible for consideration in future funding cycles.(E) General obligation bonded debt that is used to refinance a lease-purchase agreement that is not in the IFA program shall gain eligibility for the IFA by the terms of that program. Any interest and sinking (I&S) fund tax effort associated with the bonded debt payments may be counted for purposes of computing the IFA. For the refinancing to be considered for IFA funding, a district must submit an application to the program that identifies the refinancing as a new debt before the refinancing of the lease-purchase agreement.(F) If any portion of a maturity of an IFA debt is refinanced at a present value cost or with an extension of the term beyond the fiscal year in which the final maturity occurs in the original debt service schedule, the entire amount of annual debt service associated with that maturity shall be removed from eligibility for further IFA state aid.(G) Debt that is refinanced in a manner that disqualifies it for eligibility for funding within the IFA program shall be treated as new bonded debt at the time of issuance for the purpose of EDA funding consideration.(11) In addition to I&S fund taxes collected in the current school year, other district funds budgeted for the payment of bonds may be eligible for the IFA program for the purpose of meeting local share requirements pursuant to TEC, Chapter 46.(A) District revenues that qualify for meeting a district's local share requirement for the IFA are specified in the TEC, §46.003(b)-(d). The commissioner will provide each district with information on which tax collections were not equalized by state assistance in the preceding school year and worksheets to enable districts to calculate tax collections that will not receive state assistance in a current school year. The commissioner will determine the amount of excess collections, if any, to be applied to the IFA local share requirement.(B) I&S fund taxes collected during a school year will be attributed first to satisfy the local share requirement of debts eligible for EDA state aid for that school year and, secondly, to satisfy the local share requirements of any IFA debts for that school year.(12) If a district issues debt that requires the deposit of payments into a mandatory I&S fund or debt service reserve fund, the deposits will be considered debt payments for the purpose of the IFA if the district's bond covenant calls for the deposit of payments into a mandatory and irrevocable fund for the sole purpose of defeasing the bonds or if the final statement stipulates the requirements of the I&S fund and the bond covenant.(e) Biennial limitation on access to allotment. The guaranteed amount of state and local funds that a district may be awarded under TEC, §46.003, is prescribed by TEC, §46.005. A district may submit multiple applications for approval during the same biennium. Timely application before executing the bond order for bonds or authorizing the order for a lease-purchase agreement must be made to ensure eligibility of the debt for program participation.(f) Additional applications. For previously awarded debt, increases in a district's debt allotment to pay for increases in debt service payment requirements in subsequent biennia must receive approval through one or more additional application(s). The portion of any increase in eligible, qualified debt service that may be funded in subsequent biennia is the amount that exceeds any previously awarded and approved allotments, within the biennial limitation on funding as calculated at the time of approval of the additional applications. If additional IFA state aid is approved, the allotment limit will be amended to reflect the increased IFA support for the applicable debt issuance.(g) Finality of award. Awards of assistance under TEC, Chapter 46, will be made based on the information available to TEA at the deadline for receipt of applications for that application cycle. Changes in the terms of the issuance of debt, either in the length of the payment schedule or the applicable interest rate, that occur after the time of the award of assistance will not result in an increase in the debt service considered for award.(1) Any reduction in debt service requirements resulting from changes in the terms of issuance of debt shall result in a reduction in the amount of the award of assistance. Such a reduction in debt service requirements may result in an adjustment to the allotment awarded for the last application on the prioritization list to receive funding during an application cycle, if that application was not fully funded because of a lack of sufficient appropriations. In no case will changes to debt service amounts result in the awarding of additional IFA allotments for other eligible applications that were not funded during that application cycle because of a lack of sufficient appropriations.(2) Refinancing of the bonds or lease-purchase agreements that receive IFA state aid may result in amendments to the allotment for the original IFA-supported debt issuance and may result in the designation of allotment amounts to be associated with the new debt issuances that include refundings of the original IFA-supported debt issuance.(h) Data sources.(1) For purposes of determining the limitation on assistance and prioritization, the projected ADA as adopted by the legislature for appropriations purposes shall be used.(2) For purposes of prioritization, estimates of property values under TEC, §48.269, shall be used.(3) For purposes of both the calculation of the limitation on assistance and prioritization, the commissioner may consider, before the deadline for receipt of applications for that application cycle, adjustments to data values determined to be erroneous.(4) For purposes of prioritization, enrollment increases over the previous five years shall be determined using Texas Student Data System Public Education Information Management System (TSDS PEIMS) submission data available at the time of application.(5) For purposes of prioritization, outstanding debt is defined as voter-approved bonded debt or lease-purchase debt outstanding at the time of the application deadline.(6) All final calculations of assistance earned shall be based on property values as certified by the comptroller for the current school year under TEC, §48.256, and the final ADA for the current school year. A district must request any adjustment to state assistance based on changes in the final ADA, property values, or debt service or based on any other reason no later than three years following August 31 of the state fiscal year for which the adjustment is sought.(7) For the TEA to determine eligible debt service applicable to eligible bonded debt or the underlying bonds of an eligible lease-purchase agreement, the debt service schedule a district submits on the application must reflect the debt service schedule the district reported in the FOS or, if no FOS is prepared, in the final bond order or other official document describing the relevant financing activity, including a final debt service schedule. Failure to submit the required amended application packet to the TEA following any refinancing transaction as required by subsection (d)(7) of this section will result in the disqualification of debt service as prescribed in subsection (d)(8) of this section. IFA state aid for debt service payments that are later determined to be disqualified may be recovered through the reduction of future IFA state aid payments for the affected debt issuance.(i) Allocation of debt service between qualified and nonqualified projects. Debt service shall be allocated between qualified and nonqualified purposes and between eligible and ineligible categories of debt. The method used for allocation between qualified and nonqualified purposes shall be on the basis of pro rata value of the instructional facility versus the noninstructional purposes over the life of the debt service. The method of allocation of debt service between eligible and ineligible categories shall be on the basis of the pro rata value of the refinanced portion of the bond issue versus the new money portion of the bond issue. The method used for the allocation of debt service between qualified and nonqualified projects and between eligible and ineligible debt will be applied to the debt service schedule for the original bond issuance and for the revised debt service schedule that results from the refinancing of IFA-eligible bonds. This allocation method will also be applied to determine the eligible and qualified portions of the debt service on the bonds that are issued to refinance IFA-supported debt. Total IFA-eligible debt service for refinanced bonds is determined by the following method.(1) The amount of remaining debt service on the original IFA-funded debt service must be reflected in the revised debt service schedule reported in the FOS, or (if no FOS is prepared) in a schedule submitted to the TEA, for that bond issue. The amount of IFA-related debt service for this bond series will be determined using the same pro rata allocation that was used to allocate the debt service for the original IFA allotment award as described in this subsection.(2) The portion of the IFA-eligible debt service on the bond issue that refunds the IFA-supported debt is determined by:(A) multiplying the debt service on the refunding bonds by the ratio that results from dividing the principal of refunding bonds by the total issue amount to determine the amount of IFA-related debt service associated with the refunding bonds; and(B) then allocating the IFA-related debt service associated with the refunding bonds using the same pro rata allocation that was used to allocate the debt service for the original IFA allotment award as described in this subsection.(3) The total amount of qualified, eligible IFA-related debt service is determined by the sum of IFA-related debt service as determined in paragraphs (1) and (2) of this subsection.(j) Payments and deposits.(1) Payment of state assistance shall be made as soon as practicable after September 1 of each year. No payments shall be made until the execution of the bond order or the authorization of the lease-purchase agreement, whichever is applicable, has occurred. Requests for payments and/or adjustments submitted to the TEA after December 15 may be processed with the payments due for the following fiscal year in accordance with TEC, §46.009(d). Debt service for IFA-supported debt that is subject to the provisions of subsection (d)(7) of this section because of a refinancing or other transaction as described in subsection (d) of this section is not eligible for IFA state aid until a complete amended application packet has been submitted to the TEA, subject to the provisions of subsection (d)(8) of this section.(2) Funds received from the state for bonded debt must be deposited to the I&S fund of the school district and must be considered in setting the tax rate necessary to service the debt.(3) Funds received from the state for lease-purchase agreements must be deposited to the general fund of the district and used for lease-purchase payments.(4) A final determination of state assistance for a school year will be made using final attendance data and property value information as may be affected by TEC, §48.271. Additional amounts owed to districts shall be paid along with assistance in the subsequent school year, and any reductions in payments shall be subtracted from payments in the subsequent school year.(5) As an alternative method of adjustment of payments, the commissioner may increase or decrease allocations of state aid under TEC, Chapter 48, to reflect appropriate increases or decreases in assistance under TEC, Chapter 46.(6) Adjustments to state assistance based on changes in the final counts of ADA, changes to a district's property value, changes in the debt service schedule, or changes for any other reason must be requested no later than three years following the close of the school year for which the adjustment is sought. Changes to the debt service schedule will be subject to the provisions of subsection (d)(8) of this section, including the disqualification of debt service associated with a refinancing transaction as described in subsection (d)(7) of this section, if deadlines for reporting the refinancing transaction have not been met.(k) Approval of attorney general required. All bond issues and all lease-purchase agreements must receive approval from the attorney general before a deposit of state funds will be made in the accounts of the school district.(l) Deadlines.(1) The commissioner of education shall conduct an annual application cycle with a deadline of June 15 or the next working day after June 15 every year based on the availability of appropriations for the purpose of awarding new allotments. If no funding is available, the commissioner shall cancel the June 15 deadline.(2) The commissioner shall establish the relevant limit on the date of first debt service payment from property taxes for eligible bonded debt that will be considered for funding in the announced application cycle.(3) An application received after the deadline shall be considered a valid application for the subsequent period unless withdrawn by the submitting district before the end of the subsequent period.(4) If the bond order or the lease-purchase agreement has not been approved by the attorney general within 180 days of the deadline for the current application cycle, the TEA shall consider the application withdrawn.(5) The school district may not submit an application for bonded debt before the successful passage of an authorizing proposition. The election to authorize the debt must be held before the close of the application cycle. An application for a lease-purchase agreement may not be submitted before the end of the 60-day waiting period in which voters may petition for a referendum, or until the results of the referendum, if called, approve the agreement.(m) Prioritization and notice of award. Upon close of the application cycle, all eligible applications shall be ranked in order of property wealth per student in ADA. State assistance will be awarded beginning with the district with the lowest property wealth and continue until all available funds have been used. Each district shall be notified of the amount of assistance awarded and its position in the rank order for the application cycle. A district's wealth per student may be reduced if any or all of the following criteria are met.(1) A district's wealth per student is first reduced by 10% if the district does not have any outstanding debt at the time the district applies for assistance.(2) A district's wealth per student is next reduced if a district has had substantial student enrollment growth in the preceding five-year period. For this purpose, the district's wealth per student is reduced:(A) by 5.0%, if the district has an enrollment growth rate in that period that is 10% or more but less than 15%;(B) by 10%, if the district has an enrollment growth rate in that period that is 15% or more but less than 30%; or(C) by 15%, if the district has an enrollment growth rate in that period that is 30% or more.(3) If a district has submitted an application with eligible debt and has not previously received any assistance due to a lack of appropriated funds, its property wealth for prioritization shall be reduced by 10% for each biennium in which assistance was not provided. The reduction is calculated after reductions for outstanding debt and enrollment are completed, if applicable. This reduction in property wealth for prioritization purposes is only effective if the district actually entered the proposed debt without state assistance before the deadline for a subsequent cycle for which funds are available.(n) Bond taxes. A school district that receives state assistance must levy and collect sufficient eligible taxes to meet its local share of the debt service requirement for which state assistance is granted. Failure to levy and collect sufficient eligible taxes shall result in pro rata reduction of state assistance. The requirement to levy and collect eligible taxes specified in this subsection may be waived at the discretion of the commissioner for a school district that must maintain local maintenance tax effort in order to continue receiving federal impact aid.(o) Exclusion from taxes. The taxes collected for bonded debt service for which funding under TEC, Chapter 46, is granted shall be excluded from the tax collections used to determine the amount of state aid under TEC, Chapter 48. For a district operating with a waiver as described in subsection (n) of this section, the amount of the local share of the allotment shall be subtracted from the total tax collections used to determine state aid under TEC, Chapter 48.(p) Calculation of bond tax rate (BTR) for lease-purchase agreements. The value of BTR in the formula for state assistance for a lease-purchase agreement shall be calculated based on the lease-purchase payment requirement, not to exceed the relevant limitations described in this section. The lease-purchase payment shall be divided by the guaranteed level (FYL), then by ADA, and then by 100. The value of BTR shall be subtracted from the value of district tax rate (DTR) as computed in TEC, §48.202, before limitation imposed by TEC, §48.203.(q) Continued treatment of taxes and lease-purchase payments. Taxes associated with bonded debt may not be considered for state aid under TEC, Chapter 48. Bonded debt service or lease-purchase payments that were excluded from consideration for state assistance due to prioritization or due to the limitation on assistance may be considered for state assistance in subsequent biennia through additional applications. A modified application may be provided for previously rejected debt service or lease-purchase payments.(r) Variable rate bonds. Variable rate bonds are eligible for state assistance under the IFA. For purposes of calculating the biennial limitation on access to the allotment, the payment requirement for a variable rate bond shall be valued at the minimum amount a district must budget for payment of interest cost and the scheduled minimum mandatory redemption amount, if applicable. For purposes of calculating state assistance under TEC, Chapter 46, the lesser of the actual payment or the limitation on the allotment shall be used. A district may exercise its ability to make payments in amounts in excess of the minimum, but the excess amount shall not be used in determining the value of BTR or in the calculation of state assistance under TEC, Chapter 46, in that year.(s) Fixed-rate bonds. Computation for fixed-rate bonds shall be based on published debt service schedules as contained in the FOS or, for a private placement, in a supplemental filing with the TEA. Prepayment of a bond, either through an early call provision or some other mechanism, shall not increase the state's obligation or the computed state aid pursuant to the IFA. To the extent that prepayments reduce future debt service requirements, the computation of state aid shall also be appropriately adjusted.(t) Reports required. The commissioner shall require such information and reports as are necessary to assure compliance with applicable laws.(1) The commissioner shall require immediate notification by a district of relevant financing activities as described in subsection (d)(7) of this section. Failure by a district to make such notification will result in the disqualification of debt service from IFA state aid as described in subsection (d)(8) of this section. A district is also required to report changes in use of bond proceeds or other actions taken by the district that might affect state funding requirements by submitting a complete amended application packet. Failure to submit the amended application packet will result in the suspension of IFA state aid payments for the applicable IFA allotment award, as described in subsection (d)(8) of this section.(2) A complete amended application packet, as prescribed by the commissioner, includes:(A) the appropriate schedules needed to identify the original IFA allotment award or the most recently approved revised allotment award, including the assigned document control number and changes to the title of the debt issuance, the authorization to issue the debt, and other relevant terms;(B) the appropriate schedules needed to describe changes in the use of the bond proceeds, if applicable;(C) the appropriate schedules needed to describe changes in debt service schedules to demonstrate present value savings;(D) an electronic copy of the FOS that is filed with the state information depository, or, if an FOS is not available, an electronic copy of the final bond order or other official document describing the relevant financing activity that is filed with the state information depository, including a final debt service schedule; and(E) an electronic copy of the letter from the attorney general approving the transaction that is filed with the state information depository, if the transaction required approval by the attorney general.(3) Receipt of the complete amended application packet is required before debt service payments on the relevant debt issuances will be qualified for IFA state aid.(4) Upon evaluation of the complete amended application packet, the TEA may request additional supporting documentation.</content><note type="source"><p>Source Note: The provisions of this §61.1032 adopted to be effective October 13, 1997, 22 TexReg 9887; amended to be effective December 27, 1998, 23 TexReg 12916; amended to be effective January 8, 2001, 26 TexReg 194; amended to be effective May 16, 2002, 27 TexReg 4013; amended to be effective May 4, 2008, 33 TexReg 3414; amended to be effective June 28, 2018, 43 TexReg 4187; amended to be effective June 21, 2022, 47 TexReg 3533.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1034"><num value="61.1034">§61.1034</num><heading>New Instructional Facility Allotment</heading><content>(a) Definitions. The following definitions apply to the new instructional facility allotment (NIFA) in accordance with Texas Education Code (TEC), §48.152.(1) Instructional campus--A campus that:(A) has its own unique campus ID number registered with the Texas Education Agency (TEA), an assigned administrator, enrolled students who are counted for average daily attendance, and assigned instructional staff;(B) receives federal and/or state and/or local funds as its primary support;(C) provides instruction in the Texas Essential Knowledge and Skills (TEKS);(D) has one or more grade groups in the range from early education through Grade 12; and(E) is not a program for students enrolled in another public school.(2) Instructional facility--A real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching the curriculum required by TEC, §28.002.(3) New instructional facility--A facility that includes:(A) a newly constructed instructional facility, which is a new instructional campus built from the ground up;(B) a repurposed instructional facility, which is a facility that has been renovated to become an instructional facility for the first time for the applying school district or charter school; or(C) a leased facility operating for the first time as an instructional facility for the applying school district or charter school with a minimum lease term of not less than 10 years. The lease must not be a continuation of or renegotiation of an existing lease for an instructional facility.(b) Eligibility. The following eligibility criteria apply to the NIFA in accordance with TEC, §48.152.(1) Both school districts and open-enrollment charter schools are eligible to apply for the NIFA for eligible facilities.(2) The facility for which NIFA funds are requested must meet the following requirements.(A) The facility must qualify as an instructional campus and a new instructional facility used for teaching the curriculum required by TEC, Chapter 28.(B) To qualify for first-year funding, a new facility must not have been occupied in the prior school year. To qualify for follow-up funding, the facility must have been occupied for the first time in the prior school year and funded for the NIFA for that first year. If an instructional facility qualifies as a new instructional facility but did not receive the allotment in the first year of eligibility due to a failure to apply, the school district or open-enrollment charter school may still apply for and receive funding for the average daily attendance (ADA) earned only during the second year of occupation in the new instructional facility.(C) With the exception of a covered walkway connecting the new facility to another building, the new facility must be physically separate from other existing school structures.(D) If the applicant is an open-enrollment charter school, the facility must be a charter school site approved for instructional use in the original open-enrollment charter as granted by either the State Board of Education or the commissioner of education or in an amendment granted under §100.1033(b)(9)-(11) of this title (relating to Charter Amendment), as described in §100.1001(3)(D) of this title (relating to Definitions).(E) Career and technical education (CTE) campuses must report each CTE campus student's ADA when the ADA for that student is reported at the student's home campus.(3) Expansion or renovation of existing instructional facilities, as well as portable and temporary structures, are not eligible for the NIFA.(4) All instructional buildings on the campus must be newly constructed as new instructional facilities, except for an existing gymnasium that remains on the campus and will be utilized on the instructional campus.(c) Application process. To apply for the NIFA, school districts and open-enrollment charter schools must complete TEA's online application process requesting funding pursuant to the NIFA.(1) The initial (first-year) application, or an application for one-year funding only, must be submitted electronically no later than July 15. The application must include the following:(A) the electronic submission of TEA's online application for initial funding; and(B) the electronic submission of the following materials:(i) a brief description and photograph of the newly constructed, repurposed, or leased instructional facility;(ii) a copy of a legal document that clearly describes the nature and dates of the new or repurposed construction or a copy of the applicable lease;(iii) a site plan;(iv) a floor plan; and(v) if applicable, a demolition plan.(2) Second-year applications require only the electronic submission of TEA's online application for follow-up funding no later than July 15 of the year preceding the applicable school year.(d) Survey on days of instruction. In the fall of the school year after a school year for which an applicant received NIFA funds, the school district or open-enrollment charter school that received the funds must complete an online survey on the number of instructional days held in the new facility and submit the completed survey electronically. TEA will use submitted survey information in determining the final (settle-up) amount earned by each eligible school district and open-enrollment charter school, as described in subsection (e)(6) of this section.(e) Costs and payments. The costs and payments for the NIFA are determined by the commissioner.(1) The allotment for the NIFA is a part of the cost of the first tier of the Foundation School Program (FSP). This allotment is not counted in the calculation of weighted average daily attendance for the second tier of the FSP.(2) If, for all eligible applicants combined, the total cost of the NIFA exceeds the amount appropriated, each allotment is reduced so that the total amount to be distributed equals the amount appropriated. Reductions to allotments are made by applying the same percentage adjustment to each school district and charter school.(3) Allocations will be made in conjunction with allotments for the FSP in accordance with the school district's or open-enrollment charter school's payment class. For school districts that are subject to the excess local revenue provisions under TEC, §48.257, and do not receive payments from the Foundation School Fund, NIFA distributions will be reflected as reduced recapture payments.(4) For school districts that are subject to the excess local revenue provisions under TEC, §48.257, NIFA distributions increase the amount of the FSP entitlement and so will automatically reduce any excess local revenue and reduce the requirement to send recapture to the state in the amount of the NIFA allocation.(5) For all school districts and open-enrollment charter schools receiving the NIFA, a final (settle-up) amount earned is determined by the commissioner when information reported through the survey described in subsection (d) of this section is available in the fall of the school year after the school year for which NIFA funds were received. The final amount earned is determined using the submitted survey information and final counts of ADA for the school year for which NIFA funds were received, as reported through the Texas Student Data System Public Education Information Management System.(6) The amount of funds to be distributed for the NIFA to a school district or open-enrollment charter school is in addition to any other state aid entitlements.(f) Ownership of property purchased with NIFA funds. Property purchased with NIFA funds by an open-enrollment charter school is presumed to be public property under TEC, §12.128, and remains public property in accordance with that section.</content><note type="source"><p>Source Note: The provisions of this §61.1034 adopted to be effective January 3, 2000, 24 TexReg 12065; amended to be effective September 23, 2004, 29 TexReg 9184; amended to be effective January 2, 2012, 36 TexReg 9325; amended to be effective September 11, 2018, 43 TexReg 5773; amended to be effective March 23, 2020, 45 TexReg 1988; amended to be effective April 13, 2025, 50 TexReg 2299.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1035"><num value="61.1035">§61.1035</num><heading>Assistance with Payment of Existing Debt</heading><content>(a) Eligibility. Certain restrictions apply to debt and to school districts eligible for the existing debt allotment (EDA).(1) Debt eligible for the EDA is an existing obligation of a school district made through the issuance of a bond for instructional or non-instructional purposes pursuant to Texas Education Code (TEC), Chapter 45, Subchapter A, or through the refunding of bonds as defined in TEC, §46.007. Lease-purchase agreements authorized by Local Government Code, §271.004, are not eligible. Payments demonstrating eligibility for the EDA must appear on the debt service schedule contained in the final official statement (FOS) or bond order. The debt service schedule contained in the FOS (or in the bond order, if the bonds are privately placed) and filed with the state information depository will be used to determine eligible bond payments. Bond issues and their related debt service payments that are not reported to the state information depository are not eligible to receive EDA state assistance.(2) Eligible bond payments include regularly scheduled principal and interest payments that are made between September 1 and August 31 each year.(3) A lease purchase refinanced with a general obligation bond shall be eligible for consideration for the EDA in future years.(b) Qualifying debt service. The following provisions apply to the applicability of debt service payments for use in calculating EDA state aid.(1) Computation of qualifying debt service for fixed-rate bonds shall be based on debt service schedules obtained from the state information depository. Prepayment of a bond, either through an early call provision or some other mechanism, shall not increase the state's obligation or the computed state aid pursuant to the EDA. To the extent that prepayments reduce future debt service requirements, the computation of state aid shall also be appropriately adjusted.(2) Computation of qualifying debt service for a variable rate bond shall be based on the minimum payment requirement necessary to meet the computed interest costs for the year.(3) If a district issues debt that requires the deposit of payments into a mandatory I&S fund or debt service reserve fund, the deposits will be considered qualifying debt payments for the purpose of the EDA if the district's bond covenant calls for the deposit of payments into a mandatory and irrevocable fund for the sole purpose of defeasing the bonds or if the FOS stipulates the requirements of the I&S fund.(c) Local share requirement. The following district revenues qualify to meet the local share requirement of the EDA when computing state assistance amounts.(1) District revenues that qualify to meet a district's local share requirement for the EDA are specified in the TEC, §46.032(b) and (c). The commissioner of education will provide each district with information about which tax collections were not equalized by state assistance in the preceding school years and worksheets to enable districts to calculate tax collections that will not receive state assistance in a current school year. The commissioner will determine the amount of excess collections, if any, to be applied to the EDA local share requirement.(2) I&S fund taxes collected during a school year will be attributed first to satisfy the local share requirement of debts eligible for EDA state aid for that school year and then to satisfy the local share requirements of any Instructional Facilities Allotment (IFA) debts for that school year.(d) Limits on assistance. The following exclusions apply to the amount of state assistance to which a district is entitled under the TEC, Chapter 46, Subchapter B.(1) For purposes of computing EDTR, as specified in the TEC, §46.034, and in accordance with the provisions of the TEC, §46.033, relating to eligible bonds for the EDA, tax collections or payment amounts associated with bonded debt in the IFA program shall be excluded from the calculation.(2) Excess funds budgeted in prior tax years that conform to the TEC, §46.032(c)(2) and (3), will not be applied for purposes of computing a district's tax rate for the payment of eligible bonds for the final year of the preceding state fiscal biennium as specified in the TEC, §46.034(b).(e) Data and payment cycles. The necessary data elements to calculate state assistance for existing debt and the associated payment cycle are determined by the commissioner.(1) An initial, preliminary payment of state assistance will be made as soon as practicable after September 1 of each year. This payment will be based on an estimate of ADA; estimates of the taxable value of property under TEC, §48.269, as determined in accordance with Texas Government Code, Chapter 403, Subchapter M; and the amount of taxes budgeted to be collected for payment of eligible bonds from the prior year Texas Student Data System Public Education Information Management System (TSDS PEIMS) budget submission.(2) A near final determination of assistance for a school year will be made at the close of business for the current school year when final counts of ADA, taxable value of property defined by TEC, §48.256, for the current year as determined in accordance with Texas Government Code, Chapter 403, Subchapter M, and tax collections are available. If applicable, this determination will also take into account a reduced property value that reflects a rapid decline pursuant to TEC, §48.258.(A) Any additional amounts owed will be paid as soon as practicable after the near final determination is made.(B) Overallocations determined at near final will first be subtracted from the EDA or IFA entitlements in the subsequent school year. If an overallocation cannot be recovered by reducing the subsequent year's allocation, the district will be notified and the balance will be collected from the district in accordance with the TEC, §46.009(e).(3) A final determination of assistance for a school year will be made after audited tax collections are submitted to the Texas Education Agency (TEA) in the annual financial and compliance report.(A) Any additional amounts owed will be paid as soon as practicable after the final determination is made. Any additional overallocations calculated as a result of the final determination will be subtracted from entitlements in the subsequent school year.(B) Adjustments to state assistance based on changes in the final counts of ADA, changes to IFA eligible debt, or any other reason must be requested no later than three years following the close of the school year for which the adjustment is sought.(f) Deposit and uses of funds.(1) Funds received from the state for assistance with existing debt must be deposited in the district's I&S fund and must be taken into account before setting the I&S fund tax rate.(2) State and local shares of the EDA must be used for the exclusive purpose of making principal and interest payments on eligible debt.(g) Refinancing of eligible debt.(1) A district that refinances eligible debt in part or in full must submit the refinancing information to the state information depository, which will send the revised information to the TEA division responsible for state funding. Refinancing of eligible debt includes:(A) the refunding of eligible debt through the issuance of refunding bonds; and(B) the conversion of the period, mode, or index used to determine the interest rate for eligible debt in accordance with the order authorizing the issuance or delivery of such eligible debt.(2) The portion of the debt eligible for state assistance on refinanced bonds is subject to the same limits as eligible debt that has not been refinanced.(3) If a refinancing transaction decreases the current year bond payment requirement, the reduced payment amount shall be the basis of determining the limit on funding.(4) If a refinancing transaction increases the bond payment requirement, the amount of increase will only be used to determine state aid if the refinancing took place before the end of the previous state fiscal biennium.</content><note type="source"><p>Source Note: The provisions of this §61.1035 adopted to be effective December 12, 1999, 24 TexReg 10858; amended to be effective May 16, 2002, 27 TexReg 4017; amended to be effective September 5, 2004, 29 TexReg 8282; amended to be effective May 4, 2008, 33 TexReg 3415; amended to be effective June 19, 2018, 43 TexReg 3883; amended to be effective June 21, 2022, 47 TexReg 3534.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1036"><num value="61.1036">§61.1036</num><heading>School Facilities Standards for Construction before November 1, 2021</heading><content>(a) Definitions and procedures. The following words, terms, and procedures, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Architect--An individual registered as an architect under the Texas Occupations Code, Chapter 1051, and responsible for compliance with the architectural design requirements and all other applicable requirements of the Texas Occupations Code, Chapter 1051.(2) Educational program--A written document, developed and provided by the district, that includes the following information:(A) a summary of the school district's educational philosophy, mission, and goals; and(B) a description of the general nature of the district's instructional program in accordance with §74.1 of this title (relating to Essential Knowledge and Skills). The written educational program should describe:(i) the learning activities to be housed, by instructional space;(ii) how the subject matter will be taught (methods of instructional delivery);(iii) the materials and equipment to be used and stored;(iv) utilities and infrastructure needs; and(v) the characteristics of furniture needed to support instruction.(3) Educational specifications--A written document for a proposed new school facility or major space renovation that includes a description of the proposed project, expressing the range of issues and alternatives. School districts that do not have personnel on staff with experience in developing educational specifications shall use the services of a design professional or consultant experienced in school planning and design to assist in the development of the educational specifications. The school district shall allow for input from teachers, other school campus staff, and district program staff in developing the educational specifications. The following information should be included in the educational specifications:(A) the instructional programs, grade configuration, and type of facility;(B) the spatial relationships--the desired relationships for the functions housed at the facility:(i) should be developed by the school district to support the district's instructional program;(ii) should identify functions that should be:(I) adjacent to, immediately accessible;(II) nearby, easily accessible; and(III) removed from or away from; and(iii) should relate to classroom/instructional functions, instructional support functions, building circulation, site activities/functions, and site circulation;(C) number of students;(D) a list of any specialized classrooms or major support areas, noninstructional support areas, outdoor learning areas, outdoor science discovery centers, living science centers, or external activity spaces;(E) a schedule of the estimated number and approximate size of all instructional and instructional support spaces included in the facility;(F) estimated budget for the facility project;(G) school administrative organization;(H) provisions for outdoor instruction;(I) hours of operation that include the instructional day, extracurricular activities, and any public access or use;(J) the safety of students and staff in instructional programs, such as science and vocational instruction; and(K) the overall security of the facility.(4) Engineer--An individual registered as an engineer under the Texas Occupations Code, Chapter 1001, and responsible for compliance with the engineering design requirements and all other applicable requirements of the Texas Occupations Code, Chapter 1001.(5) Grade levels:(A) elementary school level--a school facility that includes some or all grades from prekindergarten through Grade 5 or Grade 6;(B) middle school level--a school facility that includes some or all grades from Grade 6 through Grade 8 or Grade 9, or a school facility that includes only Grade 6;(C) high school level--a school facility that includes some or all grades from Grade 9 or Grade 10 through Grade 12, or a school facility that includes only Grade 9; and(D) secondary school level--a school facility that includes some or all grades from Grade 6 through Grade 12.(6) Hazardous chemical--As defined by the Texas Health and Safety Code, Chapter 502, Hazard Communication Act.(7) Instructional space--General classrooms, specialized classrooms, outdoor learning areas, and major support areas.(8) Library--Library will include the following minimum requirements:(A) reading/instructional area;(B) reference/independent study area;(C) stack area;(D) circulation desk/area;(E) computer/online reference areas; and(F) necessary ancillary areas, such as offices, workrooms, head-end room, and storage rooms.(9) Long-range school facility plan--School districts are encouraged to formulate a long-range facilities plan prior to making major capital investments. When formulating a plan, a school district's process should allow for input from teachers, students, parents, taxpayers, and other interested parties that reside within the school district. Major considerations should include:(A) a description of the current and future instructional program and instructional delivery issues;(B) the age, condition, and educational appropriateness of all buildings on the campus (in district), considering condition of all components and systems as well as design flexibility, including an estimate of cost to replace or refurbish and appropriate recommendations;(C) verification of the suitability of school site(s) for the intended use, considering size, shape, useable land, suitability for the planned improvements, and adequate vehicular and pedestrian access, queuing, parking, playgrounds and fields, etc.; and(D) a timeline and a series of recommendations to modify or supplement existing facilities to support the district's instructional program.(10) Major space renovations--Renovations to all or part of the facility's instructional space where the scope of the work in the affected part of the facility involves substantial renovations to the extent that most existing interior walls and fixtures are demolished and then subsequently rebuilt in a different configuration and/or function. Other renovations associated with repair or replacement of architectural interior or exterior finishes; fixtures; equipment; and electrical, plumbing, and mechanical systems are not subject to the requirements of subsections (d) and (e) of this section, but shall comply with applicable building codes as required by subsection (f) of this section.(11) Portable, modular building--An industrialized building as defined by the Texas Occupations Code, §1202.003, or any other manufactured or site-built building that is capable of being relocated and is used as a school facility.(12) Square feet per student--The net square footage of a room divided by the maximum number of students to be housed in that room during any single class period.(13) Square feet per room measurements--The net square footage of a room includes exposed storage space, such as cabinets or shelving, but does not include hallway space, classroom door alcoves, or storage space, such as closets or preparation offices. The net square footage of a room shall be measured from the inside surfaces of the room's walls.(14) Abbreviations:(A) ANSI--American National Standards Institute;(B) ICC--International Code Council; and(C) NFPA--National Fire Protection Association.(b) Implementation date. The requirements for school facility standards shall apply to projects for new construction or major space renovations if:(1) a board of trustees adopts a fiscal year maintenance and operations budget where a capital improvement project title and a design or design and construction budget are delineated;(2) a board of trustees calls a bond election where one or more capital improvement project titles as well as design or design and construction budgets are delineated; or(3) a new contract or amendment to an existing contract for architectural services for new construction or a major renovation for a school facility project has been agreed to, and signed and dated by both parties to the agreement after January 1, 2004, and before November 1, 2021.(c) Certification of design and construction.(1) In this section, the word "certify" indicates that the architect or engineer has reviewed the standards contained in this chapter and used the best professional judgment and reasonable care consistent with the practice of architecture or engineering in the State of Texas in executing the construction documents. The architect or engineer also certifies that these documents conform to the provisions of this section, except as indicated on the certification.(2) The school district shall notify and obligate the architect or engineer to provide the required certification. The architect's or engineer's signature and seal on the construction documents shall certify compliance.(3) To ensure that facilities have been designed and constructed according to the provisions of this section, each of the involved parties shall execute responsibilities as follows.(A) The school district shall provide the architect or engineer the educational program and educational specifications approved by the board of trustees as required by this subchapter, and building code specifications for the facility. If a school district has a long-range school facility plan, it shall also be provided to the architect or engineer.(B) The architect or engineer shall perform a building code search under applicable regulations that may influence the project, and shall certify that the design has been researched before it is final.(C) The architect or engineer shall also certify that the facility has been designed according to the provisions of this section, based on the educational program, educational specifications, long-range school facility plan, building code specifications, and all documented changes to the construction documents provided by the district.(D) The building contractor or construction manager shall certify that the facility has been constructed in general accordance with the construction documents specified in subparagraph (C) of this paragraph. If the school district acts as general contractor, it shall make the certification required by this paragraph.(E) When construction is completed, the school district shall certify that the facility conforms to the design requirements specified in subparagraph (A) of this paragraph.(F) The certifications specified in subparagraphs (A)-(E) of this paragraph shall be gathered on the "Certification of Project Compliance" form developed by the Texas Education Agency (TEA). The school district will retain this form in its files indefinitely until review and/or submittal is required by representatives of the TEA.(d) Space, minimum square foot, and design requirements.(1) A school district shall provide instructional space if required by the district educational specifications described in subsection (e) of this section.(2) For each type of instructional space, a district shall satisfy the requirements of this section by using the standard for square feet per room specified in paragraph (5)(B)-(D) of this subsection. For school districts with facilities that have one or more classrooms with maximum class sizes that are normally less than 22 students at the elementary level and less than 25 students at the middle or high school level, the school districts may satisfy the requirements of this section for those classrooms by using the standard for the minimum square feet per student specified in paragraph (5)(B)-(D) of this subsection. These classrooms shall be designed on the basis of expected maximum class size, and not expected average class size. Upon submission by a district, alternate classroom designs with square feet per room measurements less than those specified in this subsection may be considered for approval by the TEA division responsible for state funding on a case-by-case basis.(3) School districts should consider providing extra square footage in classrooms where the use on a regular basis of multiple computers, large furniture, televisions, mobile laptop carts, mobile video conferencing carts, monitors on carts, or the like is anticipated. To improve circulation and usability of classroom space, school districts with class sizes that are normally larger than 25 students for Grades 5-12 should also consider increasing the minimum classroom size by adding the appropriate minimum square feet per student specified in paragraph (5)(B)-(D) of this subsection for each student in excess of 25.(4) Compliance with the standards specified in paragraph (5)(B)-(D) of this subsection will be evaluated based on the school district's intended full-time and/or part-time use of the areas, and not the name of the areas as identified in the construction documents.(5) Instructional area size and design requirements.(A) Design criteria. The school district shall provide the architect or engineer with all expected class sizes for the facilities, with the list of chemicals to be used in the science laboratories or science laboratory/classrooms, and with the number of computers anticipated in the library, so that the architect or engineer can adequately design the facilities to meet the criteria specified in subparagraphs (B)-(D) of this paragraph.(B) General classrooms.(i) Classrooms for prekindergarten-Grade 1 shall have a minimum of 800 square feet per room. School districts with small class sizes may have classrooms that provide a minimum of 36 square feet per student.(ii) Classrooms at the elementary school level for Grades 2 and up shall have a minimum of 700 square feet per room. School districts with small class sizes may have classrooms that provide a minimum of 32 square feet per student.(iii) Classrooms at the secondary school level shall have a minimum of 700 square feet per room. School districts with small class sizes may have classrooms that provide a minimum of 28 square feet per student.(C) Specialized classrooms.(i) A computer classroom used for the teaching of computer skills shall have a minimum of 900 square feet per room. The minimum room size is ideal for 25 students; 36 square feet per student should be added to the minimum square footage for each student in excess of 25. School districts with small class sizes may have computer classrooms that provide a minimum of 36 square feet per student. School districts should consider the heat output of computers when designing the ventilation system that serves a computer classroom.(ii) Computer laboratories that are not used regularly for scheduled instruction but that are intended to support other instructional areas shall have a minimum of 25 square feet per computer station. For computer laboratories where the use of portable computers, such as laptop computers, is anticipated, the size may be reduced to 20 square feet per computer station.(iii) The following provisions shall apply to combination science laboratories/classrooms, where each student has a lab station and where typically there is a clearly defined laboratory area and a clearly defined lecture area.(I) Combination science laboratories/classrooms shall have a minimum of 900 square feet per room at the elementary school level. The minimum room size is adequate for 22 students; 41 square feet per student shall be added to the minimum square footage for each student in excess of 22.(II) Combination science laboratories/classrooms shall have a minimum of 1,200 square feet per room at the middle school level. The minimum room size is adequate for 24 students; 50 square feet per student shall be added to the minimum square footage for each student in excess of 24.(III) Combination science laboratories/classrooms shall have a minimum of 1,400 square feet per room at the high school level. The minimum room size is adequate for 24 students; 58 square feet per student shall be added to the minimum square footage for each student in excess of 24.(IV) School districts with small class sizes may have combination science laboratories/classrooms that provide a minimum of 41 square feet per student but not less than 700 square feet total at the elementary school level, a minimum of 50 square feet per student but not less than 950 square feet total at the middle school level, and a minimum of 58 square feet per student but not less than 1,100 square feet total at the high school level.(iv) For districts that choose to use separate science classrooms and science laboratories, the following provisions shall apply.(I) A science classroom shall be a minimum of 700 square feet regardless of grade level served.(II) A science laboratory shall have a minimum of 800 square feet at the elementary school level. The minimum laboratory size is adequate for 22 students; 36 square feet per student shall be added to the minimum square footage for each student in excess of 22.(III) A science laboratory shall have a minimum of 900 square feet at the middle school level. The minimum laboratory size is adequate for 24 students; 38 square feet per student shall be added to the minimum square footage for each student in excess of 24.(IV) A science laboratory shall have a minimum of 1,000 square feet at the high school level. The minimum laboratory size is adequate for 24 students; 42 square feet per student shall be added to the minimum square footage for each student in excess of 24.(V) Science classrooms shall be provided at a ratio not to exceed 2:1 of science classrooms to science laboratories at the middle school and high school levels. The science laboratories shall be located convenient to the science classrooms they serve.(VI) School districts with small class sizes may have science classrooms that provide a minimum of 32 square feet per student, and they may have science laboratories that provide a minimum of 36 square feet per student but not less than 600 square feet total at the elementary school level, a minimum of 38 square feet per student but not less than 700 square feet total at the middle school level, and a minimum of 42 square feet per student but not less than 800 square feet total at the high school level.(v) If hazardous or vaporous chemicals are to be used in the science laboratories or science laboratories/classrooms, a separate chemical storage room shall be provided. The chemical storage room shall be separate from, and shall not be combined as part of, a preparation room or an equipment storage room; however, the chemical storage room may be located so that access is through a preparation room or equipment storage room. The chemical storage room shall be secure to prevent access to chemicals by students. One chemical storage room may be shared among multiple laboratories or laboratories/classrooms.(vi) Each school science laboratory, science classroom, science laboratory/classroom, science preparatory room, and chemical storage room shall include the following provisions.(I) A built-in fume hood shall be provided in each high school level chemistry or advanced placement chemistry laboratory or laboratory/classroom. A built-in fume hood should also be provided in each high school level integrated physics and chemistry laboratory or laboratory/classroom. The exhaust shall be vented to the outside above the roof and away from air vents.(II) A built-in eye/face wash that can wash both eyes simultaneously shall be provided in each room where hazardous chemicals are used by instructors and/or students. The eye/face wash shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season should consider a tepid water system with a heated source.(III) A built-in safety shower shall be provided in each high school level chemistry or advanced placement chemistry laboratory or laboratory/classroom. A built-in safety shower should also be provided in each high school level integrated physics and chemistry laboratory or laboratory/classroom. The safety shower shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season should consider a tepid water system with a heated source.(IV) Ventilation systems serving science rooms shall be designed and constructed so that under normal operation the return air from the science rooms is not recirculated into non-science areas. In the chemical storage rooms, a ventilation system shall exhaust the air to the outside, and shall not be recirculated back into the space.(V) An exhaust fan that is controlled by the instructor shall be provided in all rooms where hazardous or vaporous chemicals are to be used or stored. The exhaust fan shall be of sufficient size to exhaust the total volume of air in the room within 15 minutes. The exhaust shall be vented to the outside above the roof and away from air vents.(VI) A minimum of 6 linear feet of total horizontal workspace, such as lab stations, lab tables, countertops, desktops, or some combination of these, shall be provided for each student in each middle school and high school science laboratory and science laboratory/classroom.(VII) If electricity, gas, and/or water are provided in student areas, emergency shut-off controls shall be provided for each in a location accessible to the instructor but not easily accessible to students.(vii) Special education classrooms shall have a minimum of 400 square feet per room. School districts with small class sizes may have rooms that provide a minimum of 40 square feet per student.(viii) Specialized classrooms not otherwise identified within these standards shall at a minimum comply with the requirements specified in subparagraph (B) of this paragraph.(ix) Compliance with the standards specified in clauses (iii) and (iv) of this subparagraph will be evaluated based on the average class size in those classrooms.(D) Major support areas.(i) Primary gymnasiums or physical education space, if required by the district's educational program, shall have a minimum of 3,000 square feet at the elementary school level; 4,800 square feet at the middle school level; and 7,500 square feet at the high school level.(ii) A school district shall consider the School Library Standards and Guidelines as adopted under Texas Education Code, §33.021, when developing, implementing, or expanding library services. Libraries for campuses with a planned student capacity of 100 or less shall be a minimum of 1,400 square feet. Libraries for campuses with a planned student capacity of 101 to 500 shall be a minimum of 1,400 square feet plus an additional 4.0 square feet for each student in excess of 100. Libraries for campuses with a planned student capacity of 501 to 2,000 shall be a minimum of 3,000 square feet plus an additional 3.0 square feet for each student in excess of 500. Libraries for campuses with a planned student capacity of 2,001 or more shall be a minimum of 7,500 square feet plus an additional 2.0 square feet for each student in excess of 2,000. A school district that plans to locate more than 12 student computers in the library shall add 25 square feet of space for each additional computer anticipated. The space allotments within the library shall be based on a formula of 30% for the reading/instructional area and reference/independent study area; 45% for the stack area, circulation desk/area, and computer/online reference areas; and 25% for the necessary ancillary areas. Windows shall be placed so that adequate wall and floor space remains to accommodate the shelving necessary for the library collection size established by the School Library Standards and Guidelines.(6) It is not the intent of these standards to limit the use of nontraditional, alternative, sustainable, and/or innovative school designs. A nontraditional design model is one that works to break down the scale of the school and to improve the connection of the student to the resources available within the school environment. If a school district chooses to use a nontraditional model, the following provisions shall apply.(A) The instructional spaces where teachers will instruct groups of students in specialized coursework shall meet the standard, as appropriate based on group size, for square feet per room or for the minimum square feet per student specified in paragraph (5)(C) of this subsection.(B) Large group lecture spaces that do not use tables or desks for the students shall have a minimum of 15 square feet per student. Large group lecture spaces that do use tables or desks for the students shall meet the standard, as appropriate based on group size, for square feet per room or for the minimum square feet per student specified in paragraph (5)(B) of this subsection. A minimum of 150 square feet shall be provided for each small group, conference, or office space area or room.(C) An individual student learning area that is assigned to a specific student shall have a minimum of 35 square feet. An individual student learning area that is not assigned to a specific student shall have a minimum of 25 square feet.(D) If necessary under the design model, up to half of the reading/reference area function of the library may be dispersed throughout the facility outside the normal library boundaries. The sum total square footage of all library-related areas shall meet the minimum square feet specified for libraries in paragraph (5)(D)(ii) of this subsection.(7) Other space requirements should be developed from school district design criteria as required to meet educational program needs.(e) Educational adequacy. A proposed new school facility or major space renovation of an existing school facility meets the conditions of educational adequacy if the design of the proposed project is based on the requirements of the school district's educational program, the educational specifications, and the student population that it serves.(f) Construction quality.(1) Districts with existing building codes.(A) A school district located in an area that has adopted local construction codes shall comply with those codes (including building, fire, plumbing, mechanical, fuel gas, energy conservation, and electrical codes). The school district is not required to seek additional plan review of school facilities projects other than what is required by the local building authority. If the local building authority does not require a plan review, then a qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. The review shall be conducted prior to the commencement of construction and must be conducted by a qualified building code consultant or a third party architect or engineer. A qualified building code consultant is a person who maintains, as a minimum, a current certification from the ICC. Associated fees shall be the responsibility of the school district. The reviewer shall prepare a summary list of any conditions not in conformance with the provisions of the adopted building code and is required to send a copy to the school district, design architect, or engineer. The design architect or engineer shall revise the plans and specifications as necessary and certify code compliance to the district. The reviewer, in his or her reasonable judgment and with the approval of the local building authority, may allow a limited number of variances from the codes if such variances do not negatively affect the quality or safety of the facility. Any disputes shall be a matter for contract resolution.(B) For school facilities projects subject to these standards, and where not otherwise required by local code, fire alarm systems shall be provided. Fire alarm systems shall be designed and installed in accordance with applicable portions of the latest edition of the International Building Code (IBC) and International Fire Code (IFC).(C) As part of their school facilities projects and where not otherwise required by local code, school districts should consider providing automatic sprinkler systems for fire protection, fire suppression, and life safety. In absence of a local code, each automatic sprinkler system shall be installed in accordance with the latest edition of the IBC and IFC.(D) If the local building authority does not conduct reviews and inspections during the course of construction of the facility, then a qualified, independent third party, not employed by the design architect or engineer or contractor, should perform a reasonable number of reviews and inspections during the course of construction for compliance with the requirements of the adopted building code. The reviews and inspections should examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. A qualified code inspector is a person who maintains, as a minimum, a current certification from the ICC as a combination commercial inspector and commercial energy inspector.(2) Districts without existing building codes.(A) A school district located in an area that has not adopted local building codes shall adopt and use the building code and related fire, plumbing, mechanical, fuel gas, and energy conservation codes from the latest edition of the family of International Codes as published by the ICC; and the National Electric Code as published by the NFPA. As an alternative, a school district may adopt the building code and related fire, plumbing, mechanical, fuel gas, and energy conservation codes as adopted by a nearby municipality or county. A qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. The review shall be conducted prior to the commencement of construction and must be conducted by a qualified building code consultant or a third party architect or engineer. A qualified building code consultant is a person who maintains, as a minimum, a current certification from the ICC. Associated fees shall be the responsibility of the school district. The reviewer shall prepare a summary list of any conditions not in conformance with the provisions of the adopted building code and is required to send a copy to the school district, design architect, or engineer. The design architect or engineer shall revise the plans and specifications as necessary and certify code compliance to the district. The reviewer, in his or her reasonable judgment, may allow a limited number of variances from the codes if such variances do not negatively affect the quality or safety of the facility. Any disputes shall be a matter for contract resolution.(B) For school facilities projects subject to these standards, fire alarm systems shall be provided. Fire alarm systems shall be designed and installed in accordance with applicable portions of the latest edition of the IBC and IFC.(C) As part of their school facilities projects, school districts should consider providing automatic sprinkler systems for fire protection, fire suppression, and life safety. Each automatic sprinkler system shall be installed in accordance with the latest edition of the IBC and IFC.(D) A qualified, independent third party, not employed by the design architect or engineer or contractor, should perform a reasonable number of reviews and inspections during the course of construction of the facility for compliance with the requirements of the adopted building code. The reviews and inspections should examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. A qualified code inspector is a person who maintains, as a minimum, a current certification from the ICC as a combination commercial inspector and commercial energy inspector.(3) Special provisions for portable, modular buildings. Any portable, modular building capable of being relocated that is purchased or leased for use as a school facility by a school district, whether that building is manufactured off-site or constructed on-site, must comply with all provisions of this section. Effective September 1, 2007, the following additional provisions shall apply to any portable, modular building that is purchased or leased for use as a school facility by a school district.(A) A school district located in an area that has adopted local construction codes shall have the portable, modular building, including the construction of the foundation system and the erection and installation of the building on the foundation, inspected by the local building authority for compliance with the mandatory building codes or approved designs, plans, and specifications. The school district is not required to seek additional inspection of the portable, modular building other than what is required by the local building authority. If the local building authority does not perform inspections, then a qualified, independent third party, not employed by the design architect, engineer, contractor, or manufacturer, shall inspect the facility, including the construction of the foundation system and the erection and installation of the facility on the foundation, for compliance with the mandatory building codes or approved designs, plans, and specifications. The inspections shall be performed within 30 days of the completion of the construction, erection, and installation of the facility on the site, and the school district shall not occupy or use the facility until the independent third party makes a final determination that the facility is in compliance with all provisions of this section. For a manufactured portable, modular building that is an industrialized building as defined by the Texas Occupations Code, §1202.003, the factory inspection performed under the oversight of the Texas Department of Licensing and Regulation shall suffice to determine compliance of the building envelope with the mandatory building codes or approved designs, plans, and specifications in lieu of an inspection by the local building authority or an independent third party for a portable, modular building constructed on or after January 1, 1986; however, an inspection of the construction of the foundation system and the erection and installation of the portable, modular building on the foundation shall still be performed.(B) A school district located in an area that has not adopted local building codes shall have the portable, modular building, including the construction of the foundation system and the erection and installation of the building on the foundation, inspected by a qualified, independent third party, not employed by the design architect, engineer, contractor, or manufacturer, for compliance with the mandatory building codes or approved designs, plans, and specifications. The inspections shall be performed within 30 days of the completion of the construction, erection, and installation of the facility on the site, and the school district shall not occupy or use the facility until the independent third party makes a final determination that the facility is in compliance with all provisions of this section. For a manufactured portable, modular building that is an industrialized building as defined by the Texas Occupations Code, §1202.003, the factory inspection performed under the oversight of the Texas Department of Licensing and Regulation shall suffice to determine compliance of the building envelope with the mandatory building codes or approved designs, plans, and specifications in lieu of an inspection by an independent third party for a portable, modular building constructed on or after January 1, 1986; however, an inspection of the construction of the foundation system and the erection and installation of the portable, modular building on the foundation shall still be performed.(C) A qualified, independent third party inspector is a person who maintains, as a minimum, a current certification from the ICC as a combination commercial inspector and commercial energy inspector.(D) A school district that has purchased or leased a portable, modular building for use as a school facility on or after September 1, 2007, and before the effective date of this section, shall have the inspections required by this subsection performed within 60 days of the effective date of this section; any items of noncompliance identified during the inspections shall be brought into compliance by the school district within 90 days of the date of the inspections.(4) Other provisions.(A) For school facilities projects subject to these standards, an adequate technology, electrical, and communications infrastructure shall be provided. To ensure the adequacy of the infrastructure, the school district and the architect or engineer shall seek the input of the school district staff, including, but not limited to, the technology director, the library director, the program directors, the maintenance director, and the campus staff, in the planning and design of the infrastructure.(B) As part of their school facilities projects, school districts should consider the use of designs, methods, and materials that will reduce the potential for indoor air quality problems. School districts should consult with a qualified indoor air quality specialist during the design process to ensure that the potential for indoor air quality problems after construction and occupancy of a facility is minimized. School districts should use the voluntary indoor air quality guidelines adopted by the Texas Department of State Health Services under the Texas Health and Safety Code, Chapter 385. School districts should also use the "Indoor Air Quality Tools for Schools" program administered by the U.S. Environmental Protection Agency.(C) As part of their school facilities projects, school districts should consider the use of sustainable school designs. A sustainable design is a design that minimizes a facility's impact on the environment through energy and resource efficiency.(D) School district facilities shall comply with the "Texas Accessibility Standards" as promulgated under the Texas Government Code, Chapter 469, Elimination of Architectural Barriers, as prepared and administered by the Texas Department of Licensing and Regulation.(E) School district facilities shall comply with the provisions of the Americans with Disabilities Act of 1990 (Title I and Title II).(F) School district facilities shall comply with all other local, state, and federal requirements as applicable.</content><note type="source"><p>Source Note: The provisions of this §61.1036 adopted to be effective June 9, 2003, 28 TexReg 4420; amended to be effective September 24, 2008, 33 TexReg 8001; amended to be effective October 12, 2021, 46 TexReg 6915.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1037"><num value="61.1037">§61.1037</num><heading>Science Laboratory Grant Program</heading><content>(a) Definitions. The following words and terms, when used in this section, have the following meaning, unless the context clearly indicates otherwise.(1) Average daily attendance--The definition of this term is assigned in the Texas Education Code (TEC), §48.005.(2) Construction project--A project consisting of the construction of a new free-standing building or the construction of a new addition to an existing building.(3) Renovation project--A project consisting of the renovation of space that is not currently used as a science laboratory within an existing building that does not include the addition of any new space.(4) High school campus--A campus that houses Grades 9-12. For purposes of this grant program, a school district that has a separate Grade 9 campus and a separate Grades 10-12 campus, or some similar division, must combine the campuses on the application and submit as one campus. For purposes of this grant program, a school district that has a campus that serves Grades 6-12, Kindergarten-Grade 12, or some similar range, must identify only the number of students enrolled in Grades 9-12 on the application.(5) Science laboratories--Rooms identified as combination science laboratories/classrooms or identified as laboratories under the applicable school facilities standards adopted under this subchapter. To provide clarity in the exercise of the grant program governed by this section, rooms identified as laboratories under the applicable school facilities standards adopted under this subchapter are referred to as "stand-alone laboratories" within this section and within the grant application.(6) Enrollment--The actual high school campus enrollment for the school year before the year in which a school district submits an application for the science laboratory grant program.(7) Support areas--For a construction project, support areas are limited to prep rooms, storage areas, and corridor access space. For a renovation project, support areas are limited to prep rooms and storage areas.(8) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.(b) Application process. A school district must complete an application to request funding under the science laboratory grant program. The application must contain at a minimum the following:(1) a description of each individual high school campus for which funds are being requested;(2) the enrollment on each high school campus;(3) the number of existing science laboratories on each high school campus;(4) a certification that the existing school district science laboratories are insufficient in number to comply with the curriculum requirements imposed for the recommended and advanced high school programs under the TEC, §28.025(b-1)(1);(5) the number of science laboratories to be constructed or renovated; and(6) a timeline for each construction or renovation project proposed by the high school campus.(c) Prioritization and notice of award. Upon close of the application cycle, all eligible applications will be ranked in order of the school district's property wealth per student in average daily attendance. For purposes of ranking within this grant program, a charter school's property wealth is defined as being equal to the property wealth of the school district from which the highest percentage of the charter school's students are drawn. Grants will be awarded beginning with the school district with the lowest property wealth and continue until all available funds have been used. The commissioner of education will award the full amount of the grant to which a school district is entitled under this section, except that the commissioner may award less than the full amount to the last school district for which any funds are available. By posting on the Texas Education Agency (TEA) website, the commissioner will notify each school district of the amount of grant awarded and its position in the rank order for the application cycle.(d) Data sources.(1) For purposes of determining prioritization, the projected average daily attendance as adopted by the legislature for appropriations purposes will be used.(2) For purposes of prioritization, the final property values certified by the comptroller of public accounts for the tax year preceding the year in which assistance is to begin will be used. If final property values are unavailable, the most recent projection of property values will be used.(3) For purposes of prioritization, the commissioner may consider, before the deadline for receipt of applications for that fiscal year, adjustments to data values determined to be erroneous.(e) Payments, determination of need, and eligible projects.(1) Payment of the grant will be made as soon as practicable after June 1 of each year. No payments will be made until all initial submissions required by the application have been received and approved by the TEA division responsible for state funding.(2) For a construction project, the grant amount is limited to not more than $200 per square foot of the science laboratory to be constructed.(A) For science laboratories identified as combination science laboratories/classrooms, the grant amount will be paid on the actual square footage plus reasonable support areas identified on the application not to exceed 2,050 square feet for each science laboratory/classroom.(B) For science laboratories identified as stand-alone laboratories, the grant amount will be paid on the actual square footage plus reasonable support areas identified on the application not to exceed 1,550 square feet for each stand-alone science laboratory.(3) For a renovation project, the grant amount is limited to not more than $100 per square foot of the science laboratory to be renovated.(A) For science laboratories identified as combination science laboratories/classrooms, the grant amount will be paid on the actual square footage plus reasonable support areas identified on the application not to exceed 1,640 square feet for each science laboratory/classroom.(B) For science laboratories identified as stand-alone laboratories, the grant amount will be paid on the actual square footage plus reasonable support areas identified on the application not to exceed 1,240 square feet for each stand-alone science laboratory.(4) The maximum number of science laboratories/classrooms eligible for funding for each campus under this grant program is determined by subtracting the number of existing laboratories/classrooms on the campus from the number of laboratories/classrooms needed. The number of laboratories/classrooms needed on a campus is calculated using the formula "E x LC" where:(A) "E" is the campus enrollment;(B) "LC" is the laboratories/classrooms calculation factor, which is equal to 0.007353; and(C) any resulting fractional number of laboratories/classrooms needed is rounded up to the next whole number.(5) The maximum number of science stand-alone laboratories eligible for funding for each campus under this grant program is determined by subtracting the number of existing stand-alone laboratories on the campus from the number of stand-alone laboratories needed. The number of stand-alone laboratories needed on a campus is calculated using the formula "E x SAL" where:(A) "E" is the campus enrollment;(B) "SAL" is the stand-alone laboratories calculation factor, which is equal to 0.003676; and(C) any resulting fractional number of stand-alone laboratories needed is rounded up to the next whole number.(6) The following additional limitations and requirements apply to the science laboratory grant program.(A) For a project to be eligible for the grant program, a contract for construction or renovation cannot have been entered into by a school district at the time of the application deadline.(B) Renovations to existing science laboratories/classrooms or to existing science stand-alone laboratories are not eligible for this grant program.(C) Eligibility is limited to construction or renovation projects at high school campuses.(D) A school district that received funds under this grant program for a campus in a prior application cycle is not eligible to apply for additional funds under this grant program for that same campus until three subsequent cycles have passed.(E) All projects must comply with the applicable school facilities standards adopted under this subchapter.(f) Deadlines and accountability.(1) The commissioner will conduct an annual application cycle with a deadline of April 15 or the next business day after April 15 every year. A school district may file an amendment to its initial application before the deadline; any amendment received after the deadline will not be considered.(2) When all funds within an application cycle have been awarded, the remaining unfunded applications will carry forward and be considered valid applications for the two application cycles immediately following the initial application except for those applications withdrawn by the submitting school districts before the end of the two following cycles. A school district that subsequently proceeds with its construction or renovations projects in the absence of grant funds will not have its application invalidated. An application that remains unfunded after three application cycles will expire and will not be eligible for consideration in future cycles.(3) If no excess funds are available, the commissioner will not make awards, and all applications received on or before the April 15 deadline will be considered valid applications for the following cycle except for those applications withdrawn by the submitting school districts before the end of the following application cycle. A school district that subsequently proceeds with its construction or renovation projects in the absence of grant funds will not have its application invalidated.(4) An application received after the deadline will be considered a valid application for the following cycle unless withdrawn by the submitting school district before the end of the following application cycle.(5) Within one year of award of grant, the school district must submit evidence in a form acceptable to the commissioner that a contract has been awarded for the construction or renovation projects identified in the application. Within two years of award of grant, the school district must submit evidence in a form acceptable to the commissioner that all work has been completed for the construction or renovation projects identified in the application, with a final accounting of the costs incurred by the school district for the projects. Failure to provide satisfactory evidence by any of the deadlines specified in this paragraph could be cause for the commissioner to cancel the school district's grant and to recover the grant amount from other scheduled Foundation School Program payments due to the school district.(g) Reports required. The commissioner will require such information and reports as are necessary to assure compliance with applicable laws.</content><note type="source"><p>Source Note: The provisions of this §61.1037 adopted to be effective July 6, 2008, 33 TexReg 5004; amended to be effective September 1, 2010, 35 TexReg 7796; amended to be effective July 20, 2021, 46 TexReg 4301.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1038"><num value="61.1038">§61.1038</num><heading>School District Bond Enhancement Program</heading><content>(a) Statutory provision. The commissioner of education must administer the intercept credit enhancement program for school district bonds according to the provisions of the Texas Education Code (TEC), Chapter 45, Subchapter I.(b) Definitions. The following definitions apply to the intercept credit enhancement program for school district bonds.(1) Application deadline--The last business day of the month in which an application for a credit enhancement is filed. Applications must be received by the Texas Education Agency (TEA) division responsible for state funding by 5:00 p.m. on the last business day of the month to be considered in that month's application processing.(2) Average daily attendance (ADA)--Total refined average daily attendance as defined by the TEC, §48.005.(3) Bond order--The order adopted by the governing body of a school district that authorizes the issuance of bonds.(4) Combination issue--An issuance of bonds for which an application is filed for a credit enhancement that includes both a new money portion and a refunding portion, as permitted by the Texas Government Code, Chapter 1207. The eligibility of combination issues for the credit enhancement is limited by the eligibility of the new money and refunding portions as defined in this subsection.(5) Enrollment growth--Growth in student enrollment, as defined by §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook), that has occurred over the previous five school years.(6) Financial exigency--A determination by a school district board of trustees that the financial condition of the district requires a reduction in personnel, as authorized by the TEC, §21.211.(7) Foundation School Program (FSP)--The program established under the TEC, Chapters 46, 48, and 49, or any successor program of state-appropriated funding for school districts in this state.(8) New money issue--An issuance of bonds for the purposes of constructing, renovating, acquiring, and equipping school buildings; the purchase of property; or the purchase of school buses. Eligibility for the credit enhancement for new money issues is limited to the issuance of bonds authorized under the TEC, §45.003. A new money issue does not include the issuance of bonds to purchase a facility from a public facility corporation created by the school district or to purchase any property that is currently under a lease-purchase contract under the Local Government Code, Chapter 271, Subchapter A. A new money issue does not include an issuance of bonds to refinance any type of maintenance tax-supported debt. Maintenance tax-supported debt includes, but is not limited to:(A) time warrants or loans entered under the TEC, Chapter 45, Subchapter E; or(B) any other type of loan or warrant that is not supported by bond taxes as defined by the TEC, §45.003.(9) Notes issued to provide interim financing--An issuance of notes, including commercial paper notes, designed to provide short-term financing for the purposes of constructing, renovating, acquiring, and equipping school buildings; the purchase of property; or the purchase of school buses. For notes to be eligible for the credit enhancement under this section, the notes must be:(A) issued to pay costs for which bonds have been authorized at an election occurring before the issuance of the notes;(B) approved by the Office of the Attorney General or issued in accordance with proceedings that have been approved the Office of the Attorney General; and(C) refunded by bonds issued to provide long-term financing no more than three years from the date of issuance of such notes, provided that the date of issuance of notes will be determined by reference to the date on which the notes were issued for capital expenditures and the intervening date or dates of issuance of any notes issued to refinance outstanding notes will be disregarded.(10) Proposed annual debt service--Payments of principal and interest on the outstanding bonded debt for which the enhancement is sought scheduled to occur between September 1 and August 31 during the fiscal year in which the credit enhancement is sought and each fiscal year for which the credit enhancement is or would be in effect as described in the amortization schedule for the bonded debt for which the enhancement is sought.(11) Refunding issue--An issuance of bonds for the purpose of refunding bonds, including notes issued to provide interim financing, that are supported by bond taxes as defined by the TEC, §45.003. Eligibility for the credit enhancement for refunding issues is limited to refunding issues that refund bonds, including notes issued to provide interim financing, that were authorized by a bond election under the TEC, §45.003.(12) School District Bond Enhancement Program (SDBEP)--The intercept program to provide credit enhancement for school district bonds that is described by this section and established under the TEC, Chapter 45, Subchapter I.(13) Total debt service--Total outstanding principal and interest on bonded debt.(A) The total debt service will be determined by the current report of the bonded indebtedness of the district as reported by the MAC of Texas or its successor as of the date of the application deadline, if the district has outstanding bonded indebtedness.(B) The total debt service does not include:(i) the amount of debt service to be paid on the bonds for which the credit enhancement is sought; or(ii) the amount of debt service attributable to any debt that is no longer outstanding at the application deadline, provided that the TEA has sufficient evidence of the discharge or defeasance of such debt.(C) The debt service amounts used in this calculation for variable rate bonds will be those that are published in the final official statement or final maturity schedule.(c) Data sources.(1) The following data sources will be used for purposes of prioritization:(A) projected ADA for the current school year as adopted by the legislature for appropriations purposes;(B) final property values certified by the comptroller of public accounts, as described in the Texas Government Code, Chapter 403, Subchapter M, for the tax year preceding the year in which the bonds will be issued. If final property values are unavailable, the most recent projection of property values by the comptroller, as described in the Texas Government Code, Chapter 403, Subchapter M, will be used;(C) debt service information reported by the MAC of Texas or its successor as of the date of the application deadline; and(D) enrollment information reported to the Texas Student Data System Public Education Information Management System ( TSDS PEIMS) for the five-year time period ending in the year before the application date.(2) The commissioner may consider adjustments to data values determined to be erroneous or not reflective of current conditions before the deadline for receipt of applications for that application cycle.(d) Application for the credit enhancement.(1) Application process. Districts must apply to the commissioner of education for the guarantee or the credit enhancement of eligible bonds. The district must submit, in a form specified by the commissioner, the information required under the TEC, §45.055(b), and this section and any additional information the commissioner may require. The application and all additional information required by the commissioner must be received before the application will be processed. The application will first be considered for guarantee of eligible bonds under §33.65 of this title (relating to Bond Guarantee Program). If Permanent School Fund (PSF) capacity has been exhausted, the application will then be considered for credit enhancement of eligible bonds. The application must be accompanied by a fee in the amount specified as the application fee amount in §33.65 of this title.(A) The fee is due at the time the application for the guarantee or the credit enhancement is submitted. An application will not be processed until the fee has been received in accordance with the process prescribed by the commissioner for remitting the fee on the application form.(B) The fee will not be refunded to a district that:(i) is not approved for the guarantee or the credit enhancement; or(ii) does not sell its bonds before the expiration of its approval for the guarantee or the credit enhancement.(C) The fee may be transferred to a subsequent application for the guarantee or the credit enhancement by the district if the district withdraws its application and submits the subsequent application before the expiration of its approval for the guarantee or the credit enhancement.(2) Approval.(A) Under the TEC, §45.056, the commissioner will investigate the applicant school district's accreditation status and financial status. A district must be accredited and financially sound to be eligible for approval by the commissioner. The commissioner's review will include the following:(i) the purpose of the bond issue;(ii) the district's accreditation status as defined by §97.1055 of this title (relating to Accreditation Status) in accordance with the following:(I) if the district's accreditation status is Accredited, the district will be eligible for consideration for the credit enhancement;(II) if the district's accreditation status is Accredited-Warned or Accredited-Probation, the commissioner will investigate the underlying reason for the accreditation rating to determine whether the accreditation rating is related to the district's financial soundness. If the accreditation rating is related to the district's financial soundness, the district will not be eligible for consideration for the credit enhancement; or(III) if the district's accreditation status is Not Accredited-Revoked, the district will not be eligible for consideration for the credit enhancement;(iii) the district's compliance with statutes and rules of the TEA; and(iv) the district's financial status and stability, regardless of the district's accreditation rating, including approval of the bonds by the Office of the Attorney General under the provisions of the TEC, §45.0031 and §45.005.(B) The commissioner will grant or deny approval for the credit enhancement based on the review described in subparagraph (A) of this paragraph and will provide an applicant district whose application has received or been denied approval for the credit enhancement written notice of approval or denial. Notice of denial will include the reasons for denial.(e) Application processing. To facilitate prioritization of applications for the guarantee authorized under §33.65 of this title, or for the credit enhancement authorized under this section, if the PSF capacity has been exhausted, all applications received during a calendar month will be held until the fifteenth business day of the subsequent month. On the fifteenth business day of each month, the commissioner of education will announce the results of the prioritization described in paragraph (5) of this subsection. If the PSF capacity has been exhausted, the commissioner will process the application for approval for the credit enhancement up to the available capacity of money appropriated for the FSP for credit enhancement under this section as of the application deadline, subject to the requirements of this subsection.(1) The school district may not submit an application for a guarantee or credit enhancement before the successful passage of an authorizing proposition.(2) The actual credit enhancement of the bonds is subject to the approval process prescribed in subsection (d) of this section.(3) During those periods in which the PSF capacity has been exhausted, the commissioner in each month of each fiscal year will estimate the amount of funds available to make payments under the SDBEP from the FSP through the end of the fiscal year for purposes of providing approval for the credit enhancement of school district bonds under this section. The commissioner will confirm that a sufficient amount of these funds exists to enhance the credit of the bonds before the issuance of the approval for the credit enhancement in accordance with subsection (d)(2) of this section. The amount of funds available to make payments under the SDBEP from the FSP is limited as described in paragraph (4) of this subsection and does not include:(A) Available School Fund (ASF) funds;(B) any FSP funds designated for the facilities programs provided for under the TEC, Chapter 46;(C) any funds designated for the charter school credit enhancement program provided for under the TEC, Chapter 45, Subchapter J; or(D) any federal funds, including federal funds provided by the American Recovery and Reinvestment Act of 2009.(4) Before approving school district bonds for credit enhancement under the SDBEP, the commissioner must:(A) make the determination described in paragraph (3) of this subsection;(B) determine that credit enhancement of the bonds will not cause the projected debt service coming due during the remainder of the fiscal year for bonds provided credit enhancement under this section to exceed the lesser of:(i) one-half of the amount of funds due to public schools from the FSP for the final month of the current fiscal year; or(ii) one-half of the amount of funds anticipated to be on hand in the FSP to make payments for the final month of the current fiscal year; and(C) determine that the maximum annual debt service on the bonds provided credit enhancement under this section, during any state fiscal year, will not exceed the lesser of:(i) one-half of the amount of funds due to public schools from the FSP for the final month of the current fiscal year; or(ii) one-half of the amount of funds anticipated to be on hand in the FSP to make payments for the final month of the current fiscal year.(5) Credit enhancements will be awarded each month beginning with the districts with the lowest property wealth per ADA until the amount of funds available to make payments under the SDBEP from the FSP reaches its net capacity to enhance bonds, as described in paragraph (4) of this subsection. Credit enhancements will be awarded to applicants based on the amount available to fully enhance the bond issue for which the credit enhancement is sought. Applications for bond issues that cannot be fully enhanced will not receive an award. The amount of bond issue for which the guarantee or credit enhancement was requested may not be modified after the monthly application deadline for the purposes of securing the guarantee or credit enhancement during the award process.(6) An application received after the application deadline will be considered a valid application for the subsequent month, unless withdrawn by the submitting district before the end of the subsequent month.(7) Each district that submits a valid application will be notified of the application status within 15 business days of the application deadline. If a district is awarded approval for the credit enhancement as described in subsection (d)(2) of this section, the bonds must be approved by the Office of the Attorney General within 180 days of the date of the letter granting the approval for the credit enhancement. The approval for the credit enhancement will expire at the end of the 180-day period. The commissioner may extend the 180-day period, based on extraordinary circumstances, on receiving a written request from the district before the expiration of the 180-day period.(8) If a district does not receive a credit enhancement or for any reason does not receive approval of the bonds from the Office of the Attorney General within the specified time period, the district may reapply in a subsequent month. Applications that were denied a credit enhancement will not be retained for consideration in subsequent months.(9) If the bonds are not approved by the Office of the Attorney General within 180 days of the date of the letter granting the approval for the credit enhancement, the commissioner will consider the application withdrawn, and the district must reapply for a credit enhancement.(10) Districts may not represent the bonds as approved for credit enhancement for the purposes of pricing or marketing the bonds before the date of the letter granting approval for the credit enhancement.(f) Eligibility.(1) For bonds to be eligible for the credit enhancement under the SDBEP:(A) bonds must be issued in the manner provided by the TEC, §45.054;(B) payments of all of the principal of the bonds must be scheduled during the first six months of the state fiscal year;(C) the applicant school district's lowest credit rating from any credit rating agency may not be the same as or higher than that of the SDBEP;(D) the bonded debt for which the credit enhancement is sought must be structured so that no single annual debt service payment exceeds two times the quotient produced by dividing the total proposed annual debt service, as defined in subsection (b)(10) of this section, for the term of the bonds by the number of years in the amortization schedule; and(E) the applicant school district must agree in its application that the total annual debt service on bonds approved for the credit enhancement will be paid on or before August 15 of each state fiscal year.(2) Refunding issues must comply with the following requirements to be eligible for the credit enhancement for the refunding bonds, except that subparagraph (C) of this paragraph does not apply to a refunding issue that provides long-term financing for notes issued to provide interim financing.(A) Only refunding issues as defined in subsection (b)(11) of this section are eligible for the credit enhancement.(B) The bonds to be refunded must have been:(i) previously guaranteed by the PSF under the guarantee program authorized under §33.65 of this title or provided credit enhancement under this section;(ii) issued on or after November 1, 2008, and before December 16, 2009; or(iii) issued as notes to provide interim financing as defined in subsection (b)(9) of this section.(C) The district must demonstrate that issuing the refunding bond(s) will result in a net present value savings to the district and that the refunding bond or bonds will not have a maturity date later than the final maturity date of the bonds being refunded. Net present value savings is determined by computing the net present value of the difference between each scheduled payment on the original bonds and each scheduled payment on the refunding bonds. Net present value savings must be computed at the true interest cost of the refunding bonds.(D) If a district files an application for a combination issue, the application will be treated as a single issue for the purposes of eligibility for the guarantee or the credit enhancement. A credit enhancement for the combination issue will be awarded only if both the new money portion and the refunding portion meet all of the applicable eligibility requirements described in this subsection. The district making the application must present data to the commissioner that demonstrate compliance for both the new money portion of the issue and the refunding portion of the issue.(E) The refunding transaction must comply with the provisions of subsection (e)(7) and (9) of this section.(g) Limitations on access to the credit enhancement.(1) The commissioner will limit approval for the credit enhancement to a district with less than the amount of annual debt service per student in ADA or less than the amount of total debt service per student in ADA that is specified as the limitation in §33.65 of this title at the time of the application for a guarantee or a credit enhancement. The limitation will not apply to school districts that have enrollment growth, as defined in subsection (b)(5) of this section, of at least 25%, based on TSDS PEIMS data on enrollment available at the time of application. The annual debt service amount is the amount defined by §33.65(b)(1) of this title. The total debt service amount is the amount defined by subsection (b)(13) of this section.(2) The eligibility of bonds to receive the credit enhancement is limited to those new money, refunding, and combination issues as defined in subsection (b)(8), (11), and (4), respectively, of this section.(h) Financial exigency. A school district that declares a financial exigency must designate the fiscal year to which the exigency applies. A state of financial exigency expires at the end of that fiscal year unless renewed or may be terminated by action of the board of trustees at any time before the end of the fiscal year.(1) Declaration for current fiscal year.(A) Application for credit enhancement of new money issue. The commissioner will deny approval of an application for the credit enhancement of a new money issue if the applicant school district has declared a state of financial exigency for the district's current fiscal year. The denial of approval will be in effect for the duration of the applicable fiscal year unless the district can demonstrate financial stability.(B) Approval granted before declaration. If in a given district's fiscal year the commissioner grants approval for the credit enhancement of a new money issue and the school district subsequently declares a state of financial exigency for that same fiscal year, the district must immediately notify the commissioner and may not offer the bonds for sale unless the commissioner determines that the district may proceed.(C) Application for credit enhancement of refunding issue. The commissioner will consider an application for the credit enhancement of a refunding issue that meets all applicable requirements specified in this section even if the applicant school district has declared a state of financial exigency for the district's current fiscal year. In addition to fulfilling all applicable requirements specified in this section, the applicant school district must also describe, in its application, the reason financial exigency was declared and how the refunding issue will support the district's financial recovery plan.(2) Declaration in a previous fiscal year. An applicant school district that declared a state of financial exigency in a previous district fiscal year but that has not declared such a state for the district's current fiscal year will not be considered to be in a state of financial exigency for the purposes of this section.(i) Defeasance. The credit enhancement will be completely removed when bonds provided credit enhancement under this section are defeased, and such a provision must be specifically stated in the bond resolution. If bonds provided credit enhancement under this section are defeased, the district must notify the commissioner in writing within ten calendar days of the action.(j) Payments. For purposes of the provisions of the TEC, Chapter 45, Subchapter I, matured principal and interest payments are limited to amounts due on bonds provided credit enhancement under this section at scheduled maturity, at scheduled interest payment dates, and at dates when bonds are subject to mandatory redemption, including extraordinary mandatory redemption, in accordance with their terms. All such payment dates, including mandatory redemption dates, must be specified in the order or other document pursuant to which the bonds initially are issued. Without limiting the provisions of this subsection, payments attributable to an optional redemption or a right granted to a bondholder to demand payment upon a tender of such bonds in accordance with the terms of the bonds do not constitute matured principal and interest payments.(k) Credit enhancement restrictions. The credit enhancement provided for eligible bonds in accordance with the provisions of the TEC, Chapter 45, Subchapter I, is restricted to matured bond principal and interest. The credit enhancement does not extend to any obligation of a district under any agreement with a third party relating to bonds that is defined or described in state law as a "bond enhancement agreement" or a "credit agreement," unless the right to payment of such third party is directly as a result of such third party being a bondholder.(l) Notice of failure or inability to pay. A school district that has determined that it is or will be unable to pay maturing or matured principal or interest on a bond for which credit enhancement is provided under this section must immediately, but not later than the tenth business day before maturity date, notify the commissioner.(m) Payment from intercepted funds.(1) Immediately after the commissioner receives the notice described in subsection (l) of this section, the commissioner will instruct the comptroller to transfer to the district's paying agent from the amount of funds available to make payments under the SDBEP from the FSP, as identified by the commissioner, the amount necessary to pay the maturing or matured principal or interest.(2) Immediately after receipt of the funds for payment of the principal or interest, the paying agent must pay the amount due.(3) The procedures described in paragraphs (1) and (2) of this subsection apply to each payment of principal or interest on bonds as the payment becomes due until the bonds mature or are defeased according to state law.(4) If, as a result of payments made under this subsection, there is insufficient money to fully fund the FSP, the commissioner will, to the extent necessary, reduce each school district's foundation school fund allocations, other than any portion appropriated from the ASF, in the same manner provided by the TEC, §48.266(f), for a case in which school district entitlements exceed the amount appropriated. The following fiscal year, the commissioner will increase each school district's entitlement under the TEC, §48.266, by an amount equal to the reduction under this paragraph.(5) A payment made under this subsection by the state on behalf of a school district of funds the district owes on bonds for which credit enhancement is provided under this section creates a repayment obligation of the district to the state regardless of the maturity date of, or any payment of interest on, the bonds.(6) This subsection does not create a debt of the state under the Texas Constitution or, except to the extent provided by this section, create a payment obligation.(n) Bonds not accelerated on failure to pay. If a school district fails to pay principal or interest on a bond for which credit enhancement is provided under this section when the amount matures, other amounts not yet mature are not accelerated and do not become due by virtue of the district's failure to pay amounts matured.(o) Reimbursement of FSP. If payment from the money appropriated to the FSP is made on behalf of a school district, the school district must reimburse the amount of the payment in accordance with the requirements of the TEC, §45.261.(p) Repeated failure to pay. If a total of two or more payments are made under the guarantee program authorized under §33.65 of this title or the SDBEP on the bonds of a school district, the commissioner will take action in accordance with the provisions of the TEC, §45.262.</content><note type="source"><p>Source Note: The provisions of this §61.1038 adopted to be effective March 7, 2011, 36 TexReg 1492; amended to be effective December 6, 2020, 45 TexReg 8516.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1039"><num value="61.1039">§61.1039</num><heading>Open-Enrollment Charter School Bond Enhancement Program</heading><content>(a) Statutory provision. The commissioner of education must administer the open-enrollment charter school facilities credit enhancement program according to the provisions of the Texas Education Code (TEC), Chapter 45, Subchapter J.(b) Definitions. The following definitions apply to the open-enrollment charter school facilities credit enhancement program.(1) Amortization expense--The annual expense of any debt and/or loan obligations.(2) Annual debt service--Payments of principal and interest on outstanding bonded debt scheduled to occur between September 1 and August 31 during a fiscal year as reported by the Municipal Advisory Council (MAC) of Texas or its successor, if the open-enrollment charter holder is responsible for outstanding bonded indebtedness.(A) The annual debt service will be determined by the current report of the bonded indebtedness of the open-enrollment charter holder as reported by the MAC of Texas or its successor as of the date of the application deadline.(B) The debt service amounts used in this calculation for variable rate bonds will be those that are published in the final official statement or final maturity schedule.(C) Annual debt service includes required payments into a sinking fund as authorized under the laws of Texas and the United States of America, provided that the sinking fund is maintained by a trustee or other entity approved by the commissioner that is not under the control or common control of the charter holder.(3) Application deadline--The last business day of the month in which an application for a credit enhancement is filed. Applications must be received by the Texas Education Agency (TEA) division responsible for state funding by 5:00 p.m. on the last business day of the month to be considered in that month's application processing.(4) Average daily attendance (ADA)--Total refined average daily attendance as defined by the TEC, §48.005.(5) Board resolution--The resolution adopted by the governing body of an open-enrollment charter holder that:(A) requests credit enhancement of bonds through the Open-Enrollment Charter School Bond Enhancement Program; and(B) authorizes the charter holder's administration to pursue bond financing.(6) Bond resolution--The resolution authorizing the issuance of bonds adopted by the governing body of an issuer of bonds for the benefit of an open-enrollment charter holder.(7) Combination issue--An issuance of bonds for which an application is filed for a credit enhancement that includes both a new money portion and a refunding portion, as permitted by the TEC, Chapter 53, or the Texas Government Code, Chapter 1207. The eligibility of combination issues for the credit enhancement is limited by the eligibility of the new money and refunding portions as defined in this subsection.(8) Debt service coverage ratio--A measure of an open-enrollment charter holder's ability to pay interest and principal with cash generated from current operations. The debt service coverage ratio (total debt service coverage on all long-term capital debt) equals the excess of revenues over expenses plus interest expense plus depreciation expense plus amortization expense, all divided by maximum annual debt service. The calculation can be expressed as: (Excess of revenues over expenses + interest expense + depreciation expense + amortization expense) / Maximum annual debt service.(9) Depreciation expense--The audited amount of depreciation that was expensed during the fiscal period.(10) Foundation School Program (FSP)--The program established under the TEC, Chapters 46, 48, and 49, or any successor program of state appropriated funding for school districts in the state of Texas.(11) Maximum annual debt service--As of any date of calculation, the highest annual debt service requirements with respect to all outstanding debt for any succeeding fiscal year.(12) New money issue--An issuance of revenue bonds for the purposes of the purchase, repair, or renovation of real property, including improvements to real property, for an educational facility, as that term is defined in the TEC, §53.02, of an open-enrollment charter school and for purposes of equipping real property of an open-enrollment charter school. Eligibility for the credit enhancement for new money issues is limited to the issuance of bonds authorized under the TEC, Chapter 53. A new money issue does not include the issuance of bonds to purchase a facility from a public facility corporation created by the open-enrollment charter holder or to purchase any property that is currently under a lease-purchase contract under the Local Government Code, Chapter 271, Subchapter A.(13) Open-enrollment charter--This term has the meaning assigned in §100.1001 of this title (relating to Definitions).(14) Open-enrollment charter holder--This term has the meaning assigned to the term "charter holder" in the TEC, §12.1012.(15) Open-enrollment charter school--This term has the meaning assigned to the term "charter school" in §100.1001 of this title.(16) Open-Enrollment Charter School Bond Enhancement Program (CSBEP)--The program to provide credit enhancement for open-enrollment charter school bonds that is described by this section and established under the TEC, Chapter 45, Subchapter J.(17) Open-enrollment charter school campus--This term has the meaning assigned to the term "charter school campus" in §100.1001 of this title.(18) Proposed annual debt service--Payments of principal and interest on the outstanding bonded debt for which the enhancement is sought scheduled to occur between September 1 and August 31 during the fiscal year in which the credit enhancement is sought and each fiscal year for which the credit enhancement is or would be in effect as described in the amortization schedule for the bonded debt for which the enhancement is sought. Proposed annual debt service includes required payments into a sinking fund as authorized under the laws of Texas and the United States of America, provided that the sinking fund is maintained by a trustee or other entity approved by the commissioner that is not under the control or common control of the charter holder.(19) Refunding issue--An issuance of bonds for the purpose of refunding bonds that have previously been issued under the TEC, Chapter 53, or the Texas Government Code, Chapter 1207, and have previously been approved by the Office of the Attorney General.(20) School year--The period beginning the fourth Monday of August of the current calendar year and ending the Sunday before the fourth Monday of August of the following calendar year.(c) Eligibility to apply for the credit enhancement.(1) To have its application for the credit enhancement considered, an open-enrollment charter holder must:(A) have operated at least one open-enrollment charter school in the state of Texas for at least three years;(B) identify in its application for which open-enrollment charter school and, if applicable, for which open-enrollment charter school campus the bond funds will be used;(C) in its application, agree that the bonded indebtedness for which the credit enhancement is sought will be undertaken as an obligation of all tax-exempt entities under common control of the open-enrollment charter holder and agree that all such entities will be liable for the obligation if the open-enrollment charter holder defaults on the bonded indebtedness, provided that an entity that does not operate a charter school in Texas is subject to this subparagraph only to the extent that it has received state funds from the open-enrollment charter holder;(D) not be considered a high-risk grantee by the TEA office responsible for planning, grants, and evaluation; and(E) not have an unresolved corrective action that is more than one year old, unless the open-enrollment charter holder has taken appropriate steps to begin resolving the action.(2) For an open-enrollment charter holder to have its application for the credit enhancement considered, each open-enrollment charter school operated under the charter must not have an accreditation rating of Not Accredited-Revoked and must have a rating of acceptable or higher as its most recent state academic accountability rating. However, if an open-enrollment charter school operated under the charter is not yet rated because the school is in its first year of operation, that fact will not impact the charter holder's eligibility to apply for the credit enhancement.(d) Criteria to be met for open-enrollment charter holder to receive initial approval.(1) In determining whether an open-enrollment charter holder applicant is eligible to receive initial approval for the credit enhancement, the commissioner will investigate the financial status of the applicant open-enrollment charter holder and the accreditation status of all open-enrollment charter schools operated under the charter. For the open-enrollment charter holder's application to be eligible for initial approval by the commissioner, each open-enrollment charter school operated under the charter must be accredited and the open-enrollment charter holder must be financially sound. The commissioner's review will include review of the following:(A) the purpose of the bond issue;(B) the accreditation status, as defined by §97.1055 of this title (relating to Accreditation Status), of all open-enrollment charter schools operated under the charter in accordance with the following, except that, if an open-enrollment charter school operated under the charter has not yet received an accreditation rating because it is in its first year of operation, that fact will not impact the charter holder's eligibility for consideration for the credit enhancement:(i) if the accreditation status of all open-enrollment charter schools operated under the charter is Accredited, the open-enrollment charter holder will be eligible for consideration for the credit enhancement;(ii) if the accreditation status of any open-enrollment charter school operated under the charter is Accredited-Warned or Accredited-Probation, the commissioner will investigate the underlying reason for the accreditation rating to determine whether the accreditation rating is related to the open-enrollment charter school's financial soundness. If the accreditation rating is related to the open-enrollment charter school's financial soundness, the open-enrollment charter holder will not be eligible for consideration for the credit enhancement; or(iii) if the accreditation status of any open-enrollment charter school operated under the charter is Not Accredited-Revoked, the open-enrollment charter holder will not be eligible for consideration for the credit enhancement;(C) the open-enrollment charter holder's financial status and stability, regardless of each open-enrollment charter school's accreditation rating, including approval of the bonds by the Office of the Attorney General under the provisions of the TEC, §53.40;(D) the audit history of the open-enrollment charter holder and of all open-enrollment charter schools operated under the charter;(E) the open-enrollment charter holder's compliance with statutes and rules of the TEA and with applicable state and federal program requirements and the compliance of all open-enrollment charter schools operated under the charter with these statutes, rules, and requirements;(F) any interventions and sanctions to which the open-enrollment charter holder has been subject; to which any of the open-enrollment charter schools operated under the charter has been subject; and, if applicable, to which any of the open-enrollment charter school campuses operated under the charter has been subject;(G) formal complaints made against the open-enrollment charter holder, against any of the open-enrollment charter schools operated under the charter, or against any of the open-enrollment charter school campuses operated under the charter;(H) the state academic accountability rating of all open-enrollment charter schools operated under the charter and the campus ratings of all open-enrollment charter school campuses operated under the charter; and(I) any unresolved corrective actions that are less than one year old.(2) For an open-enrollment charter holder to receive initial approval for credit enhancement:(A) the applicant open-enrollment charter holder's lowest credit rating from any credit rating agency may not be the same as or higher than that of the CSBEP;(B) the bonded debt for which the credit enhancement is sought must be structured so that no single annual debt service payment exceeds two times the quotient produced by dividing the total proposed annual debt service, as defined in subsection (b)(18) of this section, for the term of the bonds by the number of years in the amortization schedule; and(C) the open-enrollment charter holder must agree, in its application, that payments of all of the principal of the bonds will be scheduled during the first six months of the state fiscal year.(3) To receive initial approval for credit enhancement of bonds to be issued for the purchase, repair, or renovation of real property, the open-enrollment charter holder must agree, in its application, to execute a lien or require the owner of the property, if different, to execute a lien on that real property in a form prescribed by the commissioner and approved by the Office of the Attorney General to secure repayment of all amounts due to the state from the open-enrollment charter holder, including reimbursement of any private funds paid on behalf of an open-enrollment charter school under this section. The lien must be filed in the real property records of each county in which the real property is located. In accordance with the TEC, §45.306, the lien has priority over any other claim against the real property except a lien granted to the holders of obligations issued to finance the acquisition of the real property and any security interest or lien existing before credit enhancement is provided under this section. The open-enrollment charter holder must disclose all existing liens, security interests, or other encumbrances on the real property to be purchased, renovated, or improved and on any improvements proposed for the real property in the application and confirm that no additional liens or encumbrances have been placed on the property before the signing and filing of the lien under this subsection. On the payment or defeasance of the enhanced bonds, the lien will terminate and be released insofar as the paid or defeased bonds are concerned. Property purchased with the bond proceeds is presumed to be public property under the TEC, §12.128, and remains public property in accordance with that section.(e) Limitations on access to the credit enhancement.(1) The commissioner will limit approval of the credit enhancement to an open-enrollment charter holder with a historical debt service coverage ratio of at least 1.1 and a projected debt service coverage ratio of at least 1.20.(2) The eligibility of bonds to receive the credit enhancement is limited to those new money, refunding, and combination issues as defined in subsection (b)(12), (19), and (7), respectively, of this section.(3) To be eligible to receive the credit enhancement, bonds may not provide for acceleration of amounts of principal or interest not yet matured by virtue of a charter holder's failure to make payments or for any other reason.(f) Application processing. To facilitate prioritization of applications for the credit enhancement, all applications received during a calendar month will be held until the twentieth business day of the subsequent month. On the twentieth business day of each month, the commissioner will announce the results of the prioritization described in paragraph (6) of this subsection, if prioritization was necessary, and process applications for initial approval of the credit enhancement up to the available capacity as of the application deadline, subject to the requirements of this subsection.(1) The open-enrollment charter holder may not submit an application for a credit enhancement before the governing body of the open-enrollment charter holder adopts a board resolution as defined in subsection (b)(5) of this section.(2) The actual credit enhancement of the bonds is subject to the initial approval process and the final approval process prescribed in subsection (g) of this section.(3) Refunding issues must comply with the following requirements to retain eligibility for the credit enhancement for the refunding bonds.(A) The open-enrollment charter holder must demonstrate that issuing the refunding bond(s) will result in a net present value savings to the open-enrollment charter holder and that the refunding bond or bonds will not have a maturity date later than the final maturity date of the bonds being refunded. Net present value savings is determined by computing the net present value of the difference between each scheduled payment on the original bonds and each scheduled payment on the refunding bonds. Net present value savings must be computed at the true interest cost of the refunding bonds.(B) If an open-enrollment charter holder files an application for a combination issue, the application will be treated as a single issue for the purposes of eligibility for the credit enhancement. A credit enhancement for the combination issue will be awarded only if both the new money portion and the refunding portion meet all of the eligibility requirements described in this subsection. The open-enrollment charter holder making the application must present data to the commissioner that demonstrate compliance for both the new money portion of the issue and the refunding portion of the issue.(C) The refunding transaction must comply with the provisions of paragraphs (8) and (10) of this subsection.(4) The commissioner in each month of each fiscal year will estimate the amount of funds available to make payments under the CSBEP from the FSP through the end of the fiscal year for purposes of providing initial approval to the credit enhancement of bonds issued for the benefit of open-enrollment charter holders under this section. The commissioner will confirm that a sufficient amount of these funds exists to enhance the credit of the bonds before the issuance of the final approval for the credit enhancement in accordance with subsection (g)(4) of this section.(5) Before approving the credit enhancement of bonds issued by open-enrollment charter holders under the CSBEP, the commissioner must:(A) allocate not more than 1.0% of the amount appropriated for the FSP for purposes of the CSBEP; and(B) make the determination described in paragraph (4) of this subsection.(6) If prioritization of applications is necessary because of limited program capacity, the commissioner will prioritize applications for the credit enhancement in the following way.(A) Applications from open-enrollment charter holders that have not had bonds issued previously will be considered before applications from open-enrollment charter holders that have had bonds issued previously.(B) The commissioner first will prioritize by lottery all applications received from open-enrollment charter holders that have not had bonds issued previously.(C) The commissioner then will prioritize by lottery all applications received from open-enrollment charter holders that have had bonds issued previously.(7) An application received after the application deadline will be considered a valid application for the subsequent month, unless withdrawn by the submitting open-enrollment charter holder before the end of the subsequent month.(8) Each open-enrollment charter holder that submits a valid application will be notified of the application status within 20 business days of the end of the month following the application deadline. If an open-enrollment charter holder is awarded initial approval for the credit enhancement as described in subsection (g)(3) of this section, the following requirements must be met.(A) The open-enrollment charter holder must comply with the provisions for final approval described in subsection (g)(4) of this section to maintain approval for the credit enhancement.(B) The bonds must be approved by the Office of the Attorney General within 270 days of the date of the letter granting the approval of the credit enhancement. The initial approval for the credit enhancement will expire at the end of the 270-day period. The commissioner may extend the 270-day period, based on extraordinary circumstances, on receiving a written request from the open-enrollment charter holder before the expiration of the 270-day period.(9) If an open-enrollment charter holder does not receive a credit enhancement or for any reason does not receive approval of the bonds from the Office of the Attorney General within the specified time period, the open-enrollment charter holder may reapply in a subsequent month. Applications that were denied a credit enhancement will not be retained for consideration in subsequent months.(10) If the bonds are not approved by the Office of the Attorney General within 270 days of the date of the letter granting the approval of the credit enhancement, the commissioner will consider the application withdrawn, and the open-enrollment charter holder must reapply for a credit enhancement.(11) An open-enrollment charter holder may not represent bonds as approved for credit enhancement for the purposes of pricing or marketing the bonds before the date of the letter granting approval of the credit enhancement.(g) Application for the credit enhancement.(1) Application process. Open-enrollment charter holders must apply to the commissioner for the credit enhancement of eligible bonds. The open-enrollment charter holder must submit, in a form specified by the commissioner, the information required under this section and any additional information the commissioner may require. The application and all additional information required by the commissioner must be received before the application will be processed. The application must be accompanied by a fee to be set by the commissioner.(A) The fee is due at the time the application for the credit enhancement is submitted. An application will not be processed until the fee has been received in accordance with the process prescribed by the commissioner for remitting the fee on the application form.(B) The fee will not be refunded to an open-enrollment charter holder that:(i) is not approved for the credit enhancement; or(ii) does not sell its bonds before the expiration of its approval for the credit enhancement.(C) The fee may be transferred to a subsequent application for the credit enhancement by the open-enrollment charter holder if the open-enrollment charter holder withdraws its application and submits the subsequent application for the same charter school before the expiration of its initial approval for the credit enhancement.(2) Application for the credit enhancement and charter renewal or amendment.(A) If an open-enrollment charter holder applies for the credit enhancement during the school year in which the open-enrollment charter holder's charter is due to expire, application approval will be contingent on successful renewal of the charter, and the bonds for which the open-enrollment charter holder is applying for the credit enhancement may not be issued before the successful renewal of the charter.(B) If an open-enrollment charter holder proposes to use the proceeds of the bonds for which it is applying for the credit enhancement for an expansion that requires a charter amendment, application approval will be contingent on approval of the amendment, and the bonds may not be issued before approval of the amendment.(3) Initial approval; denial. The TEA will notify an applicant in writing of initial approval for or of denial for the credit enhancement on the TEA's determination of whether the applicant has met all applicable requirements. Notification of denial will include the reasons for denial.(4) Final approval. An open-enrollment charter holder must receive final approval before completing the sale of the bonds for which the open-enrollment charter holder has received notification of initial approval.(A) An open-enrollment charter holder that has received initial approval must provide a written notice to the TEA two business days before issuing a preliminary official statement (POS) for the bonds that are eligible for the credit enhancement or two business days before soliciting investment offers, if the bonds will be privately placed without the use of a POS.(i) The open-enrollment charter holder must receive written confirmation from the TEA that the available capacity of money allocated for the credit enhancement under this section continues to be available and must continue to meet the requirements of subsection (c) of this section before proceeding with the public or private offer to sell bonds.(ii) The TEA will provide this notification within one business day of receiving the notice of the POS or notice of other solicitation offers to sell the bonds.(B) An open-enrollment charter holder that received confirmation from the TEA in accordance with subparagraph (A) of this paragraph must provide written notice to the TEA of the placement of an agenda item on a meeting of the bond issuer's board of directors to approve the bond sale no later than two business days before the meeting. If the bond sale is completed pursuant to a delegation by the issuer to a pricing officer or committee, notice must be given to the TEA no later than two business days before the execution of a bond purchase agreement by such pricing officer or committee.(i) The open-enrollment charter holder must receive written confirmation from the TEA that the capacity continues to be available for the bond sale before the approval of the sale by the bond issuer or by the pricing officer or committee.(ii) The TEA will provide this notification within one business day before the date that the bond issuer expects to complete the sale by official action of the bond issuer or of a pricing officer or committee.(C) The TEA will process requests for final approval from open-enrollment charter holders that have received initial approval on a first come, first served basis. Requests for final approval must be received before the expiration of the initial approval.(D) An open-enrollment charter holder may provide written notification as required by this paragraph by facsimile transmission or by electronic mail in a manner prescribed by the commissioner.(h) Defeasance. The credit enhancement will be completely removed when bonds approved for credit enhancement by this CSBEP are defeased, and such a provision must be specifically stated in the bond resolution. If bonds approved for credit enhancement by this CSBEP are defeased, the open-enrollment charter holder must notify the commissioner in writing within ten calendar days of the action.(i) Payments. For purposes of the provisions of the TEC, Chapter 45, Subchapter J, matured principal and interest payments are limited to amounts due on bonds approved for credit enhancement at scheduled maturity, at scheduled interest payment dates, and at dates when bonds are subject to mandatory redemption, including extraordinary mandatory redemption, in accordance with their terms. All such payment dates, including mandatory redemption dates, must be specified in the bond order or other document pursuant to which the bonds initially are issued. Without limiting the provisions of this subsection, payments attributable to an optional redemption or a right granted to a bondholder to demand payment on a tender of such bonds according to the terms of the bonds do not constitute matured principal and interest payments.(j) Credit enhancement restrictions. The credit enhancement provided for eligible bonds under the provisions of the TEC, Chapter 45, Subchapter J, is restricted to matured bond principal and interest. The credit enhancement does not extend to any obligation of an open-enrollment charter holder under any agreement with a third party relating to bonds that is defined or described in state law as a "bond enhancement agreement" or a "credit agreement," unless the right to payment of such third party is directly as a result of such third party being a bondholder.(k) Report on the use of funds and confirmation of use of funds by independent auditor. An open-enrollment charter holder that issues bonds approved for credit enhancement by the CSBEP must report to the TEA annually in a form prescribed by the commissioner on the use of the bond funds until all bond proceeds have been spent. The open-enrollment charter holder's independent auditor must confirm in the open-enrollment charter holder's annual financial report that bond funds have been used in accordance with the purpose specified in the application for the credit enhancement.(l) Failure to comply with statute or this section. An open-enrollment charter holder's failure to comply with the requirements of the TEC, Chapter 45, Subchapter J, or with the requirements of this section, including by making any misrepresentations in the open-enrollment charter holder's application for the credit enhancement, constitutes a material violation of the open-enrollment charter holder's charter.</content><note type="source"><p>Source Note: The provisions of this §61.1039 adopted to be effective March 7, 2011, 36 TexReg 1498; amended to be effective December 6, 2020, 45 TexReg 8516.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scCC/s61.1040"><num value="61.1040">§61.1040</num><heading>School Facilities Standards for Construction on or after November 1, 2021</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings.(1) Adjusted maximum instructional capacity--The maximum number of students who can be served at an instructional facility at any point in time as adjusted from the maximum instructional capacity based on the implementation of innovative instructional or operational practices.(2) Architect--A person registered as an architect under Texas Occupations Code (TOC), Chapter 1051, and responsible for compliance with the architectural design requirements of TOC, Chapter 1051.(3) Authority having jurisdiction--A state, local, or other regional department or an individual such as a fire marshal, building official, electrical inspector, or other individuals having statutory authority or authority assigned contractually by the school district to enforce specified building codes in accordance with subsection (j) of this section.(4) Capital improvement project--Any school facility project consisting of new construction, major renovation, or minor renovation for which construction services are procured under Texas Government Code (TGC), Chapter 2269, in accordance with Texas Education Code (TEC), §44.031(a)(5).(5) Contractor--A sole proprietorship, partnership, corporation, or other legal entity that:(A) provides construction services and assumes the risk for constructing, rehabilitating, altering, or repairing all or part of a school facility at the contracted price;(B) serves as the general contractor as defined in TGC, Chapter 2269;(C) serves as a construction manager-at-risk as defined in TGC, Chapter 2269, Subchapter F;(D) serves as a construction manager agent as defined in TGC, Chapter 2269, Subchapter E; or(E) serves as a prime subcontractor for a project where the school district has contracted with a construction manager agent.(6) Design guidelines or standards--A written document comprised of standardized information developed by the school district, possibly in partnership with consultants, often adopted by a school district board of trustees and provided to the design professional of record for reference on capital improvement projects. It includes, but is not limited to:(A) the instructional programs, grade configuration, and types of facilities in the school district;(B) a schedule of the estimated number and approximate size of all instructional and support spaces included in each facility and extracurricular activities;(C) provisions for outdoor instruction;(D) adjacencies diagram(s) defining relationships between functions at the facilities; and(E) technical standards related to functional requirements, systems, manufacturers, products, and finishes.(7) Design professional--An architect or engineer as defined in this subsection.(8) Designated representative--A person designated by a school district board of trustees to act as the official representative of the district, in accordance with TEC, §44.0312, and TGC, §2269.053, who has the express authority to act and bind the school district, to the extent and for the purposes described in the contract for school facility design and construction services, including responsibilities for general administration of the contract and required school district certifications for educational adequacy, space, and construction quality.(9) Engineer--A person registered as an engineer under TOC, Chapter 1001, and responsible for compliance with engineering design requirements and other applicable requirements of TOC, Chapter 1001.(10) Hazardous chemical--This term has the meaning assigned in Texas Health and Safety Code, §502.003(13).(11) Inclusive design--Design that considers the broad spectrum of human diversity with respect to ability, age, culture, gender, language, and other forms of human difference.(12) Instructional facility--This term has the meaning assigned in TEC, §46.001, and includes any real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching curriculum under TEC, §28.002.(13) Instructional space--All interior general learning spaces, including general classrooms, collaboration spaces, specialized classrooms, and laboratories. Outdoor instructional space may be provided at an instructional facility but may not be used to meet minimum aggregate space requirements in either method of compliance in subsections (h) and (i) of this section. Certain major support spaces may be classified as instructional space for purposes of complying with subsection (i) of this section.(14) Major renovation--A project for the construction, addition, rehabilitation, alteration, or repair of an existing school facility that exceeds $50,000 and requires the school district to hire an architect and an engineer.(15) Maximum instructional capacity--The maximum number of students who can be served by an instructional facility at any point in time.(16) Maximum student enrollment--The maximum number of students a school district expects to enroll at an instructional facility. For the quantitative method of compliance, maximum student enrollment must equal the maximum instructional capacity. For the qualitative method of compliance, maximum student enrollment is allowed to be higher than the maximum instructional capacity.(17) Minor renovation--A project for the construction, addition, rehabilitation, alteration, or repair of an existing school facility that exceeds $50,000 and for which a school district is required to hire an engineer but not an architect. If the scope of work for the minor renovation project expands in the type and way that requires the hiring of an architect, the project must be reclassified as a major renovation. If the scope of work for the minor renovation requires that additional safety and security standards under subsection (k)(2) of this section be included in the scope of work of the project and those additional safety and security standards require the hiring of an architect, the project does not require reclassification as a major renovation.(18) Modular, portable building--An industrialized building as defined by TOC, §1202.002 and §1202.003; any relocatable educational facility as defined by TOC, §1202.004, regardless of the location of construction of the facility; or any other manufactured or site-built building that is capable of being relocated and is used as a school facility.(19) New construction--A project for the design and construction of a new school facility to be used for administrative, assembly, educational, or other occupancy for which a school district board of trustees is required to hire an architect, or the installation of a modular building regardless of whether an architect is required.(20) Non-designated entry--A door that is not operable from the exterior and is designed to only allow for emergency egress.(21) Non-instructional assembly facility--A non-instructional facility where large populations of occupants congregate such as arenas, performing arts centers, and stadiums.(22) Non-instructional facility--Administrative buildings, transportation centers, and other support facilities that are not used predominately for teaching curriculum.(23) Open-enrollment charter school--This term has the meaning assigned in §100.1001(3) of this title (relating to Definitions).(24) Primary entrance--(A) the main entrance to an instructional facility that is closest to or directly connected to the reception area;(B) any exterior door the school district intends to allow visitors to use to enter the facility during school hours either through policy or practice; or(C) any exterior door the school district intends to allow to remain unlocked during school hours.(25) Prime design professional--The registered design professional engaged by a school district or school district's authorized agent to coordinate certain aspects of the project requiring review by the building official or third-party code compliance officer for compatibility of the design of the building or structure with applicable building codes, including the coordination of submittal documents prepared by others, deferred submittal documents, and phased submittal documents.(26) Project construction budget--The total aggregate dollars to be spent to execute the design and construction of a capital improvement project, as approved by the school district at the completion of design development to establish the compliance thresholds under subsection (k) of this section in accordance with the requirements of subsection (k)(2) of this section.(27) School district--The board of trustees of an independent school district or its designated representative, as permitted.(28) School facility--Any instructional facility, specialized instructional facility, non-instructional assembly facility, non-instructional facility, or any other facility owned or operated by a school district.(29) School level--(A) elementary school level--an instructional facility or specialized instructional facility that includes some or all grades from prekindergarten through Grade 5 or Grade 6;(B) middle school level--an instructional facility or specialized instructional facility that includes some or all grades from Grade 6 through Grade 8 or Grade 9, or only includes Grade 6;(C) high school level--an instructional facility or specialized instructional facility that includes some or all grades from Grade 9 or Grade 10 through Grade 12, or only includes Grade 9; and(D) secondary level--an instructional facility or specialized instructional facility that includes some or all grades from Grade 6 through Grade 12.(30) Secondary entrance--Any exterior door that is not one of the following:(A) a primary entrance; or(B) a door that is not operable from the exterior and is designed to allow only for emergency egress.(31) Specialized instructional facility--An instructional facility with a specialized educational purpose such as agricultural barns.(32) Square feet per room--The net square footage of a space, including exposed storage space such as cabinets or shelving, but not including hallway space, classroom door alcoves, or storage space such as closets or preparation offices. The net square footage of a room shall be measured from the inside surfaces of the room's walls.(33) Square feet per student--The net square footage of a room divided by the maximum number of students to be housed in that room during any period of time during school hours.(34) Third-party code compliance officer--A person who a school district has contracted with and designated to have all of the duties and powers of a building official, as defined by required construction codes, to the extent allowable by state law, to enforce compliance of any required construction code provision that is not enforced by a state or local authority having jurisdiction.(b) Applicability.(1) The school facilities standards established in this section shall apply to all school district capital improvement projects as follows, regardless of the type of school facility or the type of construction delivery method used by the district.(A) A school district capital improvement project of any type or size relating to a school facility subject to this section must comply with applicable requirements established in subsections (d), (e), (f), (j), and (k) of this section.(B) A project for new construction or major renovation at an instructional facility must comply with the requirements established in subsections (d), (e), (f), (g), (j), and (k) of this section and one of the methods required to demonstrate compliance with minimum space requirements established in subsections (h) and (i) of this section.(C) A project for minor renovation at an instructional facility must comply with applicable requirements established in subsections (d)(1), (e), (f), (j), and (k) of this section.(D) A project for new construction, major renovation, or minor renovation at a specialized instructional facility, non-instructional facility, or non-instructional specialized assembly facility must comply with applicable requirements established in subsections (d)(1), (e), (f), (j), and (k) of this section.(E) A project for major renovation that includes minor scopes of work in an area of a school facility that is separate and distinct from the project scope of the major renovation may be performed as a part of a construction services contract for the major renovation without the minor scope of work becoming subject to the standards in subsections (g), (h), or (i) of this section if:(i) the minor scopes of work would not, on a stand-alone basis, be considered a major renovation project; and(ii) the cost of the minor scopes of work is included in the total cost of the project construction budget to determine the appropriate scope of work to be included in the project, as specified in subsection (k)(1)(B) of this section.(2) A capital improvement project for an instructional facility of an open-enrollment charter school is subject to subsection (k) of this section and all applicable laws for an open-enrollment charter school facility but is not subject to subsections (c)-(j) of this section.(c) Implementation.(1) The school facilities standards established in this section shall apply to a capital improvement project for which at least one of the following has occurred on or after November 1, 2021:(A) a board of trustees adopts a fiscal year maintenance and operations budget where a capital improvement project title and a design or design and construction budget are delineated;(B) a board of trustees calls a bond election where one or more capital improvement project titles and design or design and construction budgets are delineated; or(C) a new contract or amendment to an existing contract for architectural services for new construction or a major renovation project or a contract for engineering services for a major renovation or minor renovation has been agreed to and signed and dated by both parties to the agreement.(2) A school district board of trustees may elect to treat a capital improvement project, for which an action listed in paragraph (1) of this subsection was taken prior to November 1, 2021, under standards established in §61.1036 of this title (relating to School Facilities Standards for Construction before November 1, 2021) or under the standards established in this section. If an election to comply with this section is made by a board of trustees, the school district and architect may mutually agree that the contract for design services may be adjusted and then must signify in writing that the project will become subject to the facilities standards established in this section through an affirmative indication on the required certification form for the project or through some other written document or addendum to the contract signifying election under this section and any modifications to the contract terms agreed to by the parties.(3) If a school district board of trustees makes an election to comply with §61.1036 of this title under paragraph (2) of this subsection, it may still elect to comply with subsection (k) of this section.(4) A school district shall consider implementing the safety and security standards under subsection (k) of this section for any safety and security upgrades to an existing instructional facility that does not require compliance with this section.(d) Educational adequacy.(1) Long-range facility plan. A school district shall ensure that a capital improvement project subject to this section complies with the requirements and standards as follows.(A) Elements. The long-range facility plan shall include all of the following elements that apply to the facility and project and must also be updated prior to commencement of construction to include the access control document required in subsection (k)(1)(B) of this section:(i) existing and proposed instructional programs at the project campus, including special education, dual language, course offerings, and partnerships;(ii) the age and condition of all buildings and systems at the project campus;(iii) history of completed capital improvement projects at the facility;(iv) site evaluation of the project campus, including, but not limited to, overall site; shape; useable land; suitability for intended use as well as planned improvements; adequate vehicular, pedestrian, and emergency access; queueing; parking; and site amenities;(v) the school district's educational specifications;(vi) the school district's enrollment projections, maximum student enrollment of the facility, and the facility's maximum instructional capacity, if applicable; and(vii) the noncompliance, partial compliance, or full compliance with each of the safety and security standards required in subsection (k) of this section.(B) Process. The process of developing the long-range facility plan shall consider input from teachers, students, parents, taxpayers, and other school district stakeholders.(C) Compliance. The requirement for a long-range facility plan is met when a school district completes the long-range facility plan, presents it to the school district board of trustees, and makes it available to the prime design professional for a capital improvement project. The long-range facility plan expires after five years from the date of the final plan presented to the school district board of trustees and must be updated prior to commencement of a subsequent capital improvement project. A long-range facility plan developed as part of a district-wide long-range facilities plan may be used to satisfy this requirement.(2) Educational specifications. A school district shall ensure that a project for new construction and major renovation subject to this section complies with the requirements and standards as follows.(A) Elements. Educational specifications are a written document prepared by the school district and approved by the school district board of trustees and shall include all of the following:(i) the school district mission, vision, goals, and pedagogy;(ii) preliminary details related to facility type, grades served, and maximum student enrollment;(iii) pertinent provisions of the multi-hazard emergency operations plan that may inform the functionality of the built environment, including how the district complies with TEC, §37.108;(iv) a written statement that includes:(I) inclusive design goals and considerations supported by the school district; and(II) how inclusive design should be addressed in new and renovated facility designs;(v) minimum total square footage required to comply with the quantitative method of compliance; and(vi) innovative teaching or operational practices intended for implementation at the instructional facility that may lead to the use of the qualitative method of compliance.(B) Schedule. An educational specification shall be created for each campus type. If the design and construction of a new campus or major renovation of an existing campus differs substantially from an educational specification that exists for the same campus type, a separate educational specification must be developed. Educational specifications shall be initiated upon the first proposed project of its type and must be completed prior to initiating the planning or programming phase of a project. Each educational specification must be updated after five years from the date of approval.(C) Compliance. The requirement for educational specifications is met when a school district delivers the approved document to the architect.(3) Exceptions. A school district is exempt from the requirements of this subsection:(A) if a school facility experiences catastrophic damage and the school district board of trustees approves a capital improvement project in accordance with TEC, §44.0312(c); or(B) in a situation deemed urgent by action of the school district board of trustees that warrants immediate action because, if left unresolved, it would impair the conduct of classes.(e) Administration.(1) Administration of construction quality standards.(A) This subsection establishes standards for the administration and procurements of design professional services and other professional services and for the administration of competitive bids and contracting requirements for construction services. A school district shall comply with requirements in this subsection and with all applicable requirements, restrictions, and responsibilities established in state law, administrative code, or by a local authority having jurisdiction.(B) A school district shall comply with the administrative and procedural requirements established in this subsection and with the standards established in subsection (j) of this section to promote construction quality and best value for a capital improvement project subject to this section.(C) A standard in this section that incorporates by reference a key statutory provision or administrative rule is established as a compliance requirement for a school district seeking to procure, obtain a competitive bid, or administer a contract for construction services, construction-related services, design professional services, or any other professional service required for a capital improvement project. The requirements establish a method by which a school district shall demonstrate compliance with the requirements in this subsection and with the construction quality standards and construction code requirements in subsection (j) of this section. Any express reference to, or omission of, an applicable statutory provision in this subsection may not be construed to diminish, alter, or abate a provision of law applicable to a school district or to a school district capital improvement project subject to this section.(2) School district requirements and responsibilities.(A) In accordance with TEC, §46.003(g), the board of trustees and voters of a school district shall determine district needs concerning construction, acquisition, renovation, or improvement to instructional facilities. School district funding is entrusted to the district by the taxpayers, and a district must ensure procurement processes and procedures are transparent and provide the best value to the district by complying with applicable laws governing procurement of professional design services and construction services and with the standards established in this subsection to promote construction quality.(B) In accordance with TEC, §11.201, a superintendent shall oversee and ensure compliance with the standards for school facilities established in this section pursuant to TEC, §46.008, and shall ensure board consideration for any action specified as being required to be made by the board of trustees, whether by statute, board rule, or other applicable requirement.(C) In accordance with TEC, §44.0312(b), a board of trustees may not delegate the authority to act regarding an action authorized or required by TEC, Chapter 44, Subchapter B, to be taken by a board of trustees of a school district.(D) In accordance with TEC, §44.0312(a), a board of trustees of a school district may, as appropriate, delegate its purchasing and contracting authority under TEC, Chapter 44, Subchapter B, regarding an action authorized or required to be taken by a school district or a designated person, representative, or committee.(E) In accordance with TEC, §44.0312(a), when procuring construction services for a capital improvement project, a school district board of trustees shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications or in an addendum to the request. If the school district fails to provide that notice, a ranking, selection, or evaluation of bids, proposals, or qualifications for construction services other than by the board of trustees in an open public meeting is advisory only.(F) A superintendent shall ensure that a requirement to specify the level of delegation of authority is included in the bid specifications when procuring construction services to select a contractor, in accordance with TEC, §44.0312.(G) In accordance with TEC, §44.0312(c), in the event of a catastrophe, an emergency, or a natural disaster affecting a school district, the board of trustees of the district has all authority to delegate to the superintendent or designated representative the authority to contract for the replacement, construction, or repair of school equipment or facilities under TEC, Chapter 44, Subchapter B, if emergency replacement, construction, or repair is necessary for the health and safety of district students and staff.(H) In accordance with TEC, §44.031(d), and TGC, §2269.051, a school district may adopt rules as necessary to implement the management responsibilities and duties established for school district procurement and delivery of professional design and construction services for a capital improvement project.(3) Requirements for construction services.(A) In accordance with TEC, §44.031, the award of a school district contract for construction services or construction-related services valued at $50,000 or more must be made by competitive bid or by the construction delivery contracting method established in TGC, Chapter 2269, that provides the best value for the district.(B) In accordance with TGC, §2269.056(a), a school district that is considering a construction contract using a method of procuring construction services other than by competitive bid must first, before advertising, determine which contracting method for construction services contained in TGC, Chapter 2269, provides the best value to the school district for the project.(C) A school district is required to consider certain factors established in TGC, §2269.056(b), if the district engages in consideration of a construction delivery contracting method other than competitive bidding to evaluate best value for the district, and the district must adhere to the requirements specified for each type of construction delivery contracting method established in TGC, Chapter 2269, Subchapters D, E, F, and G, and must determine, prior to utilization, the best value for the district. A school district shall comply and adhere in full to the requirements specified for each construction delivery contracting method.(D) A school district shall ensure a contract for construction services required to be procured by a method in TGC, Chapter 2269, specifies the contractor's responsibilities for site safety and requires compliance with the requirement to provide workers' compensation insurance in accordance with Texas Labor Code, §406.096.(E) In accordance with TGC, §2252.063 and §2252.064, a school district shall ensure that a contract with a general contractor requires the contractor to provide to the district annual payment statements derived from sales tax reports and to execute a bond issued by a surety company authorized to do business in the state of Texas in an amount determined by the school district, which may not exceed the contract price. The bond must be payable to the school district and conditioned on the faithful performance of the terms of the contract.(F) If a school district selects the design build method of construction delivery, the district shall procure a design professional, independent of the contractor, to act as the school district's representative for the procurement process and for the duration of the construction in accordance with TGC, §2269.355.(G) In accordance with TGC, §2269.408(a), if a job order contract or an order issued under the contract requires architectural or engineering services that constitute the practice of architecture or engineering, the school district shall select or designate an architect or engineer, in accordance with TGC, Chapter 2254, to prepare the construction documents for the project. In accordance with TGC, §2269.408(b), TGC, §2269.408(a), does not apply to a job order contract or an order issued under the contract for industrialized buildings or relocatable educational facilities subject to and approved under TOC, Chapter 1202, if the contractor employs the services of an architect or engineer who approves the documents for the project.(4) Requirements for design professional services.(A) In accordance with TGC, §2269.102, a school district seeking to issue a request for competitive bids for construction services shall first select or designate an architect or engineer, in accordance with TOC, Chapter 1051 or Chapter 1001, as applicable, to prepare the construction documents required for a capital improvement project to be awarded by competitive bid.(B) A capital improvement project that contains architectural or engineering services, as defined by TOC, Chapter 1051 or Chapter 1001, as applicable, must use the professional services of an architect or engineer, or both, as required by the scope of the project.(C) When architectural or engineering services are required, a school district shall procure architectural or engineering services from a design professional in accordance with TGC, §2254.004. A design professional may subcontract another design professional to perform architectural or engineering services as part of the scope of services that the subcontracting design professional is providing to a school district. A school district shall require that an architect perform architectural services in accordance with TOC, Chapter 1051, to prepare construction documents required for a new construction or major renovation project for a school facility. A school district shall require that an engineer perform engineering services in accordance with TOC, Chapter 1001, to prepare engineering plans and specifications documents required for a minor renovation, major renovation, or a new construction project for a school facility.(D) A school district shall designate one design professional to be the prime design professional for a capital improvement project and shall contractually engage the prime design professional to review and coordinate the design of the project, allowing the prime design professional to rely on and contract for other design professionals where appropriate.(E) A school district shall ensure a contract for professional design services for a capital improvement project contains the scope of services defined with reasonable specificity, including contractual time parameters, milestones, or deadlines and shall ensure that contract terms conform to the standard of care established in Local Government Code, §271.904, which requires architectural and engineering services to be provided with the professional skill and care ordinarily provided by competent architects or engineers practicing under same or similar circumstances and professional license.(F) In accordance with TOC, §1051.703(d), designation as the "prime design professional" does not expand, limit, or otherwise alter the scope of a design professional's practice nor does it allow a design professional to fulfill the requirements of a professional license for which they have not been lawfully granted.(5) Requirements for professional services of third-party consultants.(A) When procuring the professional services of a third-party consultant for a capital improvement project, a school district must adhere to the requirements established in TGC, Chapter 2269.058, and this section. A school district is required to select a qualified provider of a professional service for which it contracts under this subsection in accordance with TGC, Chapter 2254.(B) A school district shall require any design professional contractually engaged to procure professional design services from any other design professional as a subconsultant to select and subcontract the professional design services based on the qualification-based selection process established in TGC, Chapter 2254.(C) A school district shall ensure, through confirmation from a local or state building official or a third-party code compliance officer as provided for in subsection (j)(2) of this section, that all required inspections, testing, or permits required for a capital improvement project have been performed in accordance with contractual terms and in accordance with all applicable building code specifications.(D) In accordance with TGC, §2269.058, a school district shall, independently of the contractor, construction manager-at-risk, or design-build firm, provide or contract for the construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the facility by the district.(E) A school district shall ensure, through confirmation from a local or state building official or a third-party code compliance officer, that all code compliance issues and requirements for a capital improvement project have been addressed or performed, including inspections, testing, and permits that are required.(F) Any contract with a third-party code compliance officer shall be in accordance with terms and requirements specified by the International Code Council and shall be procured in accordance with TGC, Chapter 2254, as required by TGC, §2269.058.(G) A building permit or local government fee for code compliance, a contract with a third-party code compliance officer, a third-party inspector, or consultant shall be the obligation and responsibility of the school district, procured in accordance with TGC, Chapter 2254, as required by TGC, §2269.058, and consistent with the terms of subsection (j) of this section.(H) In accordance with TEC, §44.901 and §44.902, a school district may contract for energy or water conservation measures and must procure the services for energy or water savings performance contracts according to the procedures established for professional services in TGC, §2254.004.(6) Contract compliance and construction quality control assurances. A school district shall ensure that services sought by or provided to the district for a school facility capital improvement project, including, but not limited to, professional design services, construction services, construction administration services, third-party inspection services, third-party testing services, or third-party code compliance services, are provided through a project-specific written agreement that:(A) conforms to applicable state laws and any requirements, standards, or codes adopted by a local authority having jurisdiction;(B) contains all services required to be provided in the agreement, prohibits the school district from waiving any services or directing any changes where recommended by an applicable design professional, and requires all changes to the construction documents to be documented in writing and signed by the prime design professional, the contractor, and the school district;(C) specifies the level of observation, testing, and documentation required to be conducted through the agreement to determine and certify conformance and completion of services provided;(D) requires the use of a prime design professional to coordinate and prepare a proposed statement of any special inspections or testing required in accordance with the required construction codes, customizing the proposed statement based on knowledge about the project regardless of whether the statement requires testing and inspection to be less than the default requirements of the required construction codes, including materials testing, project-specific requirements for special inspections and testing, specific wind and seismic requirements, frequency of the special inspections, or tests to be performed in accordance with the referenced standard defining the inspection;(E) ensures that construction documents are of sufficient clarity to indicate the timing, location, nature, and extent of specific inspections and tests required to be performed by the school district through the local authority having jurisdiction, the third-party code compliance officer, any third-party special inspector or inspection agency, or the prime design professional if qualified as a special inspector and specified as a contractual term;(F) ensures that a building permit is issued by a local authority having jurisdiction or a third-party code compliance officer in which a building permit shall be considered by the school district to indicate that the proposed statement of special inspections is approved and constitutes the code-required inspections and tests;(G) requires the contractor, before beginning construction, to submit to the school district, prime design professional, and the building official or third-party code compliance officer an acknowledgement of the contractor's responsibility to notify quality assurance personnel that will be performing inspections and tests when the project is ready for those specific inspections and tests and the contractor's responsibility to request and obtain a final report from each quality control person performing the code-required inspections and tests before requesting a certificate of occupancy;(H) requires third-party inspectors to perform the code-required inspections and tests, to submit inspection and testing reports to the school district and the prime design professional, and to submit a final report to the school district, prime design professional, building official or third-party code compliance officer, and contractor, upon request by the contractor, indicating any known deficiencies discovered during the project that have not yet been addressed at the time of the request;(I) requires special inspection and testing reports to be submitted to the building official and the prime design professional and any discrepancies to be brought to the attention of the contractor, and if not corrected, to be brought to the attention of the building official, the prime design professional, and the school district;(J) specifies treatment for timely performance and documentation required in response to requests for information, change documents, or change orders;(K) specifies payment certification provisions requiring notarized contractor signature on the application for Certificate of Substantial Completion and specifies that the school district must provide certification of payment for any of the school district's separate consultants or contractors;(L) requires clear indication of the date of substantial completion on the payment certification, specifies the punch list provided by the contractor to address all remaining areas of the project, and documents all known school district accepted nonconforming work;(M) limits required certifications of work requested or required by the school district to work required under the issuing party's services agreement;(N) ensures that contract terms for design professional services are consistent and aligned and do not conflict or overlap with regard to contractual responsibilities assigned to the prime design professional, any design professional of record, the contractor, any prime subcontractors, a third-party building code compliance officer, or a third-party special inspector or consultant; and(O) ensures appropriate specifications or treatment for the school district's acceptance or acknowledgement of a contractor's final completion as the owner of the facility.(f) Certification of compliance with the school facilities standards.(1) A school district, design professional, contractor, and prime subcontractors, if applicable, shall certify compliance with all applicable standards required in subsections (d) and (g)-(k) of this section as follows.(A) School district certifications.(i) Certifications related to educational adequacy under subsection (d) of this section.(I) To provide an educationally adequate school facility, the school district shall certify compliance that the long-range facility plan was developed, presented to the school district board of trustees, and provided in a timely manner to the prime design professional.(II) To provide an educationally adequate instructional facility or specialized instructional facility, the school district shall certify compliance that the educational specifications were developed, approved by the school district board of trustees, and provided in a timely manner to the architect.(III) To provide an educationally adequate school facility, the school district shall certify compliance that a capital improvement project has been designed by the design professional of record in reasonable accordance to meet the goals and expectations established in the long-range facility plan and, if applicable, educational specifications.(ii) Certifications related to standards for space for instructional facilities under subsection (g) of this section and standards associated with the method of compliance for instructional facility space approved by the school district board of trustees under the quantitative method of compliance in subsection (h) of this section or the qualitative method of compliance in subsection (i) of this section.(I) To provide adequate instructional spaces, where required, the school district shall certify compliance with applicable provisions of subsection (g) of this section.(II) To provide adequate space in instructional facilities, the school district shall certify that the most appropriate method of compliance was presented to and approved by the school district board of trustees prior to commencement of design development.(iii) Certifications related to safety and security standards under subsection (k) of this section. To continue to provide a safe and secure environment, the school district shall certify compliance with the applicable safety and security standards in subsection (k) of this section approved by the school district and provided as directives in a timely manner to the prime design professional and to other design professionals of record, contractors, and prime subcontractors.(B) Design professional certifications.(i) Certifications related to educational adequacy under subsection (d) of this section. The design professional of record for a capital improvement project shall certify compliance that the project has been designed in reasonable accordance with the long-range facility plan and educational specifications, if applicable.(ii) Certifications related to standards for space for instructional facilities under subsection (g) of this section and to standards associated with the method of compliance approved by the school district board of trustees for instructional facility space under subsection (h) of this section related to the quantitative method of compliance or under subsection (i) of this section related to the qualitative method of compliance. To provide adequate instructional spaces and adequate space in instructional facilities, the architect of record shall certify compliance that the project has been designed in reasonable accordance with the standards for space in subsection (g) of this section and with the standards associated with the method of compliance approved by the school district board of trustees under subsection (h) or (i) of this section.(iii) Certifications related to safety and security standards under subsection (k) of this section. A design professional of record shall certify compliance that the project has been designed in reasonable accordance with any required safety and security directives approved by the school district in accordance with subsection (k) of this section.(C) Contractor certifications.(i) Process certifications. To ensure construction quality and performance of contract terms, the contractor and prime subcontractors, if applicable, shall certify compliance that the project has been built in conformance with the contract documents.(ii) Certifications related to construction quality standards under subsection (j) of this section.(I) To ensure compliance with construction quality standards, the contractor and prime subcontractors, if applicable, shall certify compliance at the completion of a capital improvement project that the project has been built in conformance with the contract terms and performance standards specified by the contract documents for the general contractor and for any of its subcontractors or subconsultants of any tier, which shall include certification of compliance with any subsequent change order documents approved by the owner and the design professional of record.(II) Where a third-party code compliance officer is required by subsection (j) of this section, to ensure that a third-party code compliance officer does not find any violations of the provisions of the required construction codes identified in subsection (j)(1) of this section that are not enforced by a state or local authority having jurisdiction, a school district shall require that a third-party code compliance officer issue a third-party certificate of occupancy. Where a local authority having jurisdiction enforces some of the required construction codes, a third-party code compliance officer shall not issue a third-party certificate of occupancy until either the local authority having jurisdiction has issued a certificate of occupancy or the local authority having jurisdiction indicates in writing to the third-party code compliance officer that the local authority having jurisdiction does not issue certificates of occupancy.(iii) Certifications related to safety and security standards under subsection (k) of this section. To provide a safe and secure environment, the contractor and prime subcontractors, if applicable, shall certify compliance that the project has been built in reasonable accordance with the safety and security directives provided by the school district and reflected in the contract documents prepared by the design professional.(iv) Special provisions for a construction manager agent. For projects that use the construction manager agent contracting method established in TGC, Chapter 2269, Subchapter E, the construction manager agent and each construction prime contractor must provide certification in accordance with clause (i) of this subparagraph, and each shall certify the scope of work for which they are contractually responsible.(2) General provisions.(A) For projects that use the construction manager agent contracting method established in TGC, Chapter 2269, Subchapter E, the construction manager agent and each construction prime contractor must provide certification in accordance with paragraph (1)(C)(i) of this subsection, and each shall certify the scope of work for which they are contractually responsible.(B) The certification requirements specified for a school facility capital improvement project in this subsection shall be expressed on a form developed by the Texas Education Agency that identifies the appropriate certifications required for a capital improvement project based on the facility, project type, and method of contracting established in TGC, Chapter 2269, for the procurement of construction services approved by the school district board of trustees for the project. The form must include written certification requirements for a design professional of record, a general contractor, construction manager-at-risk, a design build firm, a construction manager agent, a prime contractor or subcontractor.(g) Standards for space for instructional facilities.(1) Minimum standards for common areas.(A) Library.(i) A school district shall consider the School Library Standards and Guidelines as adopted under TEC, §33.021, when developing, implementing, or expanding library services.(ii) The sum total square footage of all library-related areas shall meet the following minimum square feet (SF) requirements based on maximum instructional capacity and may be contiguous or dispersed:(I) for 100 students or fewer, a minimum of 1,400 SF;(II) for 101-500 students, 1,400 SF plus an additional 4 SF for each student in excess of 100;(III) for 501-2,000 students, a minimum of 3,000 SF plus an additional 3 SF for each student in excess of 500; and(IV) for 2,001 or more students, a minimum of 7,500 SF plus an additional 2 SF for each student in excess of 2,000.(B) Gymnasium. Primary gymnasiums or physical education space, if required by the school district's educational program, shall have a minimum of 3,000 SF at the elementary school level, 4,800 SF at the middle school level, and 7,500 SF at the high school level.(2) Minimum standards for special spaces.(A) Combination science classroom/laboratory.(i) A combination science classroom/laboratory for Kindergarten-Grade 5 must provide a minimum of 50 SF per student. The room may have an established maximum of 22 students but must not exceed 25. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) must be provided at student laboratory benches, and an additional 3 linear feet (LF) per student of horizontal laboratory countertop support space must be provided for equipment and materials for investigations, activities, or student projects.(ii) A combination science classroom/laboratory for Grades 6-8 must provide a minimum of 58 SF per student. The room may have an established maximum of 24 students but must not exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) must be provided at student laboratory benches, and an additional 3 LF per student of horizontal laboratory countertop support space must be provided for equipment and materials for investigations, activities, or student projects.(iii) A combination science classroom/laboratory for Grades 9-12 must provide a minimum of 58 SF per student. The room may consider a maximum of 24 students but must not exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) must be provided at student laboratory benches, and an additional 3 LF per student of horizontal laboratory countertop support space must be provided for equipment and materials for investigations, activities, or student projects.(B) Science laboratory.(i) The separate science laboratory and classroom configuration is not permissible at the elementary level.(ii) A science laboratory for Grades 6-8 must be a minimum of 42 SF per student. The room must consider a maximum of 24 students but must not exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) must be provided at student laboratory benches, and an additional 3 LF per student of horizontal laboratory countertop support space must be provided for equipment and materials for investigations, activities, or student projects.(iii) A science laboratory for Grades 9-12 shall be a minimum of 42 SF per student. The room must consider a maximum of 24 students but must not exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) shall be provided at student laboratory benches, and an additional 3 LF per student of horizontal laboratory countertop support space shall be provided for equipment and materials for investigations, activities, or student projects.(C) Science classrooms. Science classrooms shall be provided at a ratio not to exceed 2:1 of science classrooms to science laboratories at the secondary level and must meet the requirements of subsection (h)(3) of this section. The science laboratories must be located in close proximity to the science classrooms they serve.(D) Fume hoods.(i) Each of the following shall have one built-in fume hood:(I) at least one middle school prep room per grade level served in the school facility;(II) high school level chemistry or Advanced Placement (AP) chemistry combination classroom/laboratory or laboratory; and(III) prep room serving chemistry, AP chemistry, or integrated physics and chemistry (IPC) combination classroom/laboratory or laboratory.(ii) A double-sided fume hood may be provided to satisfy chemistry or AP chemistry fume hood requirements.(iii) The exhaust shall be vented to the outside, above the roof and away from air vents.(E) Preparation/storage rooms. One preparation/storage room at a minimum 10 SF per student shall be provided adjacent to each combination science classroom/laboratory. One preparation/storage room at a minimum of 10 SF per student shall be provided per science classroom and be located adjacent to its partner science laboratory. Preparation/storage rooms may be combined, but the combination of more than one preparation/storage room shall not reduce the minimum square feet or quantity of built-in fume hoods required if they were not combined.(F) Chemical storage room. If hazardous or vaporous chemicals are to be used in a science laboratory or combination science classroom/laboratory, a separate chemical storage room shall be provided. The chemical storage room shall be separate from, and shall not be combined as part of, a preparation room or an equipment storage room; however, the chemical storage room may be located so that access is through a preparation room or equipment storage room. The chemical storage room shall be secure to prevent access to chemicals by students or non-authorized adults. One chemical storage room may be shared among multiple laboratories or classrooms/laboratories. Refer to National Fire Protection Association (NFPA), International Fire Code (IFC), and Occupational Safety and Health Administration (OSHA) for additional requirements.(G) Eye/face wash. A built-in eye/face wash that can wash both eyes simultaneously shall be provided in each room serving Grades 5-12 where hazardous chemicals or eye irritants are used by instructors and/or students. The eye/face wash shall comply with the American National Standards Institute (ANSI) Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season shall consider a tepid water system with a heated source.(H) Safety shower. A built-in safety shower shall be provided in each combination classroom/laboratory, laboratory, or prep room where a built-in fume hood is required or voluntarily provided. Where a safety shower is required in both the laboratory and corresponding prep room, a safety shower may be provided in only the prep room to satisfy this requirement. The safety shower shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season shall consider a tepid water system with a heated source.(I) Exhaust fan and ventilation system. Refer to International Mechanical Code, ANSI, OSHA, and NFPA for project requirements.(J) Emergency shut-off controls. If electricity, gas, and/or water are provided in student areas, emergency shut-off controls shall be provided for each in a location accessible to the instructor but not easily accessible to students. It shall not be located at any doorway leading to a corridor or hallway.(K) Special education. Specialized classrooms shall be a minimum of 45 SF per student.(h) Quantitative method of compliance for instructional facility space requirements. A school district board of trustees shall approve compliance with this method or the method of compliance described in subsection (i) of this section before the commencement of design development for a capital improvement project for an instructional facility.(1) To satisfy this method of compliance, the capital improvement project shall meet the minimum aggregate square footage based on the campus's flexibility level as specified in paragraph (2) of this subsection, the SF per student as specified in paragraph (3) of this subsection, and the maximum instructional capacity of the campus included in the project's educational specifications. Cafeterias, gymnasiums, and library space may not be used to satisfy this method of compliance. The minimum aggregate square footage required may be comprised of the following:(A) mathematics, English/language arts, and history/social studies classrooms;(B) combination science classrooms/laboratories;(C) science classrooms, if the separate science classroom and laboratory layout is used;(D) special education classrooms;(E) collaboration areas; and(F) elective classrooms or laboratories under the following circumstances:(i) if the elective program necessitates a SF per student in excess of the value specified in subsection (h)(3) of this section, a maximum of total square feet for the space shall be used that is equal to the value specified in (h)(3) of this section multiplied by the maximum number of students that shall be safely served in that classroom or laboratory at a time;(ii) if the elective classroom or laboratory is used between 51-100% of the school day, at a factor of 1; and(iii) if the elective classroom or laboratory is used between 0-50% percent of the school day, at a factor of .5.(2) The level of flexibility of a facility must be selected by a school district in order to calculate the minimum aggregate square footage under paragraph (3) of this subsection.(A) Flexibility Level 1 (L1). Single, fixed teacher presentation space; compact organization of spaces makes access to outdoor space limited and challenging; furniture is exclusively attached student desk/chair with an expectation of very infrequent rearrangement; minimal multipurpose functionality for walls with no capability of reconfiguration; teacher-centric digital instruction with partial access to mobile devices.(B) Flexibility Level 2 (L2). Single, fixed teacher presentation space; compact organization of spaces makes access to outdoor space limited and challenging, but outdoor spaces may be visible from classrooms; furniture includes detached student desk/chair with an expectation of very infrequent rearrangement; moderate multipurpose functionality for walls with no capability of reconfiguration; teacher-centric digital instruction with moderate access to mobile devices.(C) Flexibility Level 3 (L3). Multiple student/teacher presentation spaces; organization of spaces allows for proximal outdoor access that is visible from classrooms; flexible and mobile furniture that is easily rearranged; high use of multipurpose walls, including digital touchscreen and other functionalities; learner-centric digital instruction with high levels of access to a range of mobile devices.(D) Flexibility Level 4 (L4). Multiple student/teacher presentation spaces that are likely mobile; organization of spaces allows for direct outdoor access that is visible from classrooms; highly flexible and mobile furniture that is easily rearranged by students independently or collectively; maximized inclusion of multipurpose walls, including digital capabilities and reconfiguration; learner-centric digital instruction with high levels of access to a range of mobile devices incorporating an "anytime/anywhere" instructional philosophy.(3) The minimum aggregate square footage shall be determined based on the minimum square footage per student by campus type and the selected flexibility level approved under paragraph (2) of this subsection.(A) Elementary schools (prekindergarten-Grade 5):(i) L1 36 SF per pupil (pp);(ii) L2 36 SF pp;(iii) L3 42 SF pp; and(iv) L4 42 SF pp.(B) Middle schools (Grades 6-8):(i) L1 32 SF pp;(ii) L2 32 SF pp;(iii) L3 36 SF pp; and(iv) L4 36 SF pp.(C) High schools (Grades 9-12):(i) L1 32 SF pp;(ii) L2 32 SF pp;(iii) L3 36 SF pp; and(iv) L4 36 SF pp.(i) Qualitative method of compliance for instructional facility space standards. A school district board of trustees shall approve compliance with this method or the method of compliance described in subsection (h) of this section before the commencement of design development for a capital improvement project for an instructional facility. A school district may use the qualitative method of compliance for a capital improvement project only if the board of trustees has prior documented approval of one or more instructional or operational practices for the proposed project that distributes or manages student capacity in an innovative or non-traditional manner. Prior to approving the qualitative method of compliance, all instructional and operational practices applicable to the proposed project must have been documented and approved by the school district board of trustees to demonstrate compliance with the requirements in this subsection.(1) To satisfy this method of compliance, the project shall meet the minimum total square footage based on the campus's flexibility level as specified in subsection (h)(2) of this section, the SF per student as specified in subsection (h)(3) of this section, and the adjusted maximum instructional capacity of the campus. The minimum aggregate square footage required may be comprised of the following:(A) mathematics, English/language arts, and history/social studies classrooms;(B) combination science classrooms/laboratories;(C) science classrooms, if the separate science classroom and laboratory layout is used;(D) special education classrooms;(E) collaboration areas; and(F) elective classrooms or laboratories under the following circumstances:(i) if the elective program necessitates a SF per student in excess of the value specified in subsection (h)(3) of this section, a maximum of total square feet for the space shall be used that is equal to the value specified in subsection (h)(3) of this section multiplied by the maximum number of students that shall be safely served in that classroom or laboratory at a time;(ii) if the elective classroom or laboratory is used between 51-100% of the school day, at a factor of 1; and(iii) if the elective classroom or laboratory is used between 0-50% of the school day, at a factor of .5.(2) Gymnasiums may not be used to satisfy this method of compliance. Cafeterias and library space may be used to satisfy this method of compliance and shall be treated like an elective space under paragraph (1)(F) of this subsection.(j) Construction quality standards.(1) Construction code requirements. A capital improvement project for a school facility must reasonably comply with the following construction code requirements.(A) Projects located outside of a municipal jurisdiction in the unincorporated area of a county must reasonably comply with the following requirements.(i) Where projects are located in a county that does not have an adopted general building code, projects must reasonably comply with the International Building Code and the Existing Building Code, as published by the International Code Council, as they existed on May 1, 2003. Where projects are located in a county that has an adopted general building code, projects must reasonably comply with the adopted general building code and any chapters that were not adopted or removed entirely by amendment from the adopted model building code. Where a project is located in an area that is designated as a catastrophe area according to the Texas Department of Insurance, a project must also reasonably comply with any applicable amendments to the building code that have been adopted by the Texas Department of Insurance in accordance with Texas Insurance Code, Chapter 2210.(ii) Where projects are located in a county that does not have an adopted mechanical code, projects must reasonably comply with the International Mechanical Code, as published by the International Code Council, as it existed on the same date that the applicable International Building Code was published. Where projects are located in a county that has an adopted mechanical code, projects must reasonably comply with the adopted mechanical code.(iii) Where projects are located in a county that does not have an adopted fire code, projects must reasonably comply with the NFPA 101 Life Safety Code and NFPA 1 Fire Code standards adopted by the State Fire Marshal in accordance with TGC, §417.008, and in accordance with 28 TAC §34.301 (relating to Purpose). Where projects are located in a county that has an adopted fire code, projects must reasonably comply with the adopted fire code.(iv) Where projects are located in a county that does not have an adopted plumbing code, projects must reasonably comply with the International Plumbing Code and referenced International Fuel Gas Code, as published by the International Code Council, as adopted by the Texas Board of Plumbing Examiners as established in 22 TAC §367.2(a) (relating to Code Requirements) in accordance with TOC, Chapter 1301. Where projects are located in a county that has an adopted plumbing code, projects must reasonably comply with the adopted plumbing code.(v) Where projects are located in a county that does not have an adopted electric code, projects must reasonably comply with the National Electric Code, as published by the NFPA, as adopted by the Texas Department of Licensing and Regulation in accordance with TOC, Chapter 1305. Where projects are located in a county that has an adopted electric code, projects must reasonably comply with the adopted electric code.(vi) Projects must reasonably comply with the International Energy Conservation Code, as published by the International Code Council, as adopted by the State Energy Conservation Office of Texas in accordance with Texas Health and Safety Code, Chapter 388.(vii) Projects must reasonably comply with the International Swimming Pool and Spa Code, as published by the International Code Council, as it existed on May 1, 2019.(viii) Projects must reasonably comply with the industrialized housing and building rules as adopted by the Texas Commission of Licensing and Regulation in accordance with TOC, Chapter 1202.(B) Projects located inside of a municipal jurisdiction must reasonably comply with the following requirements.(i) Where projects are located in a municipality that does not have an adopted general building code, projects must reasonably comply with the International Building Code and the International Existing Building Code, as published by the International Code Council, as they existed on May 1, 2003, in accordance with Local Government Code, §214.216. Where projects are located in a municipality that has an adopted general building code, projects must reasonably comply with the adopted general building code. Where a project is located in an area that is designated as a catastrophe area according to the Texas Department of Insurance, a project must also comply with any applicable amendments to the building code that have been adopted by the Texas Department of Insurance in accordance with Texas Insurance Code, Chapter 2210.(ii) Where projects are located in a municipality that does not have an adopted mechanical code, projects must comply with the International Mechanical Code, as published by the International Code Council, as it existed on May 1, 2003. Where projects are located in a municipality that has an adopted mechanical code, projects must reasonably comply with the adopted mechanical code.(iii) Where projects are located in a municipality that does not have an adopted fire code, projects must reasonably comply with the NFPA 101 Life Safety Code and NFPA 1 Fire Code standards adopted by the State Fire Marshal in accordance with TGC, §417.008, and in accordance with 28 TAC §34.301. Where projects are located in a municipality that has an adopted fire code, projects must reasonably comply with the adopted fire code.(iv) Where projects are located in a municipality that does not have an adopted plumbing code, projects must reasonably comply with the International Plumbing Code and referenced International Fuel Gas Code, as published by the International Code Council, as adopted by the Texas Board of Plumbing Examiners as established in 22 TAC §367.2(a) in accordance with TOC, Chapter 1301. Where projects are located in a municipality that has an adopted plumbing code, projects must reasonably comply with the adopted plumbing code.(v) Where projects are located in a municipality that does not have an adopted electric code, projects must reasonably comply with the National Electric Code, as published by the NFPA, as adopted by the Texas Department of Licensing and Regulation in accordance with TOC, Chapter 1305. Where projects are located in a municipality that has an adopted electric code, projects must reasonably comply with the adopted electric code.(vi) Where projects are located in a municipality that does not have an adopted energy conservation code, projects must reasonably comply with the International Energy Conservation Code, as published by the International Code Council, as adopted by the State Energy Conservation Office of Texas in accordance with Texas Health and Safety Code, Chapter 388. Where projects are located in a municipality that has an adopted energy conservation code, projects must reasonably comply with the adopted energy conservation code.(vii) Where projects are located in a municipality that does not have an adopted swimming pool code, projects must reasonably comply with the International Swimming Pool and Spa Code, as published by the International Code Council, as it existed on May 1, 2019. Where projects are located in a municipality that has an adopted swimming pool code, projects must reasonably comply with the adopted swimming pool code.(viii) Projects must reasonably comply with the industrialized housing and building rules as adopted by the Texas Commission of Licensing and Regulation in accordance with TOC, Chapter 1202.(2) Third-party code compliance requirements.(A) A school district shall require the prime design professional of a capital improvement project to submit to the school district a report identifying any construction code requirements that the prime design professional believes, to the best of their knowledge after performing research, will not be enforced by a state or local authority having jurisdiction.(B) A school district shall contract with a third-party code compliance officer to enforce any construction code requirement identified by a prime design professional pursuant to subparagraph (A) of this paragraph as not enforced by a state or local authority having jurisdiction and shall adjust the scope of services provided by the third-party code compliance officer if an error is discovered in the prime design professional's report.(C) A school district shall hire a third-party code compliance officer to have all of the duties and powers of a building official, as defined by the required construction codes and to the extent allowable by state law, to ensure compliance with any required construction code provisions identified as not enforced by a state or local jurisdiction with authority pursuant to subparagraphs (A) and (B) of this paragraph.(D) In the manner specified by TGC, §2269.058, a school district shall procure the services of a third-party code compliance officer required by subsection (j) of this section as a professional service in accordance with the Texas Professional Services Procurement Act, as established in TGC, Chapter 2254.(E) A third-party code compliance officer must not be a design professional responsible for the design of any portion of the project, anyone employed by a design professional responsible for the design of any portion of the project, a contractor responsible for constructing any portion of the project, or anyone employed by a contractor responsible for constructing any portion of the project. A third-party code compliance officer may be a peer reviewer that performs a peer review required for any storm shelters that are part of the project.(F) A third-party code compliance officer must have a Certified Building Official designation from the International Code Council (ICC). A third-party code compliance officer must also have at least ten years of experience or equivalent experience as an architect, engineer, inspector, contractor or superintendent of construction, or any combination of these, at least five years of which have been supervisory experience.(G) A plan review performed by or under the supervision of a third-party code compliance officer must be performed by a qualified design professional or an independent third party qualified to certify plans through the ICC for the appropriate building, mechanical, electrical, or plumbing trade. Plan reviews performed under the supervision of a third-party code compliance officer must be performed by a person with at least five years of experience as an engineer or an architect.(H) The following shall apply to a storm shelter where a required construction code has a provision requiring a storm shelter for certain projects.(i) For the purposes of determining if a storm shelter is required for a specific building area, a school district shall require a third-party code compliance officer to accept, as a modification of the code in lieu of meeting the requirement to provide a storm shelter for that specific area, any written justification submitted by the school district that purports that the intended use of the specific building area that would be served by a storm shelter is not used for educational purposes during normal school hours when attendance is mandatory.(ii) Where a storm shelter is required for new construction, a school district shall require a third-party code compliance officer to allow the occupant load for storm shelter design to be 110% of maximum instructional capacity, as stated by the designated representative of the school district in writing, even if this is significantly less than the total occupant load used for other purposes such as fire egress.(iii) Where a storm shelter is required for additions, a school district shall require a third-party code compliance officer to allow the occupant load for storm shelter design to be based on, prorating where only a portion of the school facility is considered, 110% of maximum instructional capacity, as stated by the designated representative of the school district in writing, even if this is significantly less than the total occupant load used for other purposes such as fire egress.(iv) For the purposes of determining if a storm shelter can serve the occupants of a building that is located at a distance from the storm shelter that is greater than a code-required maximum distance, a school district shall require a third-party code compliance officer to accept, as a modification of the code in lieu of meeting the specific distance requirement, any written emergency operations plan submitted by the school district that purports to provide early notification to those occupants. School districts may use protections provided in TEC, §37.108, to protect sensitive information.(v) For the purposes of determining if a storm shelter is required to be constructed at a school facility where applicable construction codes require a storm shelter and a modular building be installed as part of the project, a school district shall require a third-party code compliance officer to consider as new construction any modular building that is installed as part of the project, regardless of whether it is relocatable.(3) Other requirements.(A) A capital improvement project for a school facility subject to the standards in this section must comply with the 2010 Americans with Disabilities Act Standards for Accessible Design as well as the Texas Accessibility Standards of 2012.(B) A school district shall notify a design professional in writing of any construction-related standard or expectation of the school district for the project that is not otherwise established or required by an applicable construction code as required in this subjection. Where a school district contracts with a design professional and that design professional subcontracts another design professional, the school district need only notify the design professional that has a contract with the school district.(C) A school district shall consider as part of a capital improvement project the use of designs, methods, and materials that will reduce the potential for indoor air quality problems. A school district may use the voluntary indoor air quality guidelines adopted by the Texas Department of State Health Services under Texas Health and Safety Code, Chapter 385; the "Indoor Air Quality Tools for Schools" program administered by the U.S. Environmental Protection Agency; or some other updated state approved guidelines or standards for indoor air quality in response to communicable disease related public health issues.(D) A school district shall consider as part of a capital improvement project the use of sustainable school designs. A sustainable design is a design that minimizes a facility's impact on the environment through energy and resource efficiency.(k) Safety and security standards.(1) Compliance requirements applicable to all instructional facilities campus-wide. A capital improvement project of a school district or an open-enrollment charter school must include campus-wide implementation of the following provisions.(A) Communications infrastructure. In accordance with TEC, §37.108, a school district or an open-enrollment charter school shall:(i) develop a multi-hazard plan that provides measures to ensure that school district communications technology and infrastructure are adequate to allow for communication during an emergency;(ii) implement measures to ensure every classroom and portable classroom provides district employees, including substitute teachers, access to a telephone, cellular telephone, or other electronic communications device to allow immediate contact with district emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments; and(iii) develop site plans and floor plans for a school facility in accordance with TEC, §37.108(f).(B) Access control. A school district or an open-enrollment charter school shall develop a document that designates each exterior door of each instructional facility campus-wide as either primary, secondary, or non-designated entrances and shall ensure that the documented designation of all exterior doors becomes part of the long-range facility plan prior to commencement of construction of a capital improvement project.(2) Additional standards based on the project construction budget. A school district shall approve a project construction budget for a capital improvement project at completion of the design development phase of the project and prior to commencement of the construction documents phase. The project construction budget approved by the school district shall determine how many of the additional safety and security standards established in paragraph (3) of this subsection are required for the project. A school district shall designate in writing which of the additional safety and security standards in paragraph (3) of this subsection have been approved by the school district board of trustees for a capital improvement project and shall provide to the prime design professional and each design professional of record written documentation of the approved safety and security standards for the proposed facility prior to commencement of the construction documents phase of a capital improvement project. The following standards shall apply to a capital improvement project for an instructional facility until all instructional facilities campus-wide fully comply with all of the additional safety and security standards specified in this subsection.(A) If a project construction budget is $1 million to $5 million, the facility is required to comply with at least one additional safety and security standard specified in paragraph (3) of this subsection.(B) If a project construction budget is $5 million to $10 million, the facility is required to comply with at least two additional safety and security standards specified in paragraph (3) of this subsection.(C) If a project construction budget is over $10 million, the facility is required to comply with all of the additional safety and security standards specified in paragraph (3) of this subsection.(D) For a capital improvement project that includes new construction, the new construction of an instructional facility is required to comply with all three of the additional safety and security standards specified in paragraph (3) of this subsection.(3) Additional safety and security standards applicable to all instructional facilities campus-wide. A school district or an open-enrollment charter school must include campus-wide implementation of the following standards in accordance with terms and requirements of paragraph (2) of this subsection.(A) Exterior door numbering. All instructional facilities campus-wide, including portable, modular buildings, must include the addition of graphically represented alpha-numerical characters on both the interior and exterior of each exterior door location. The characters may be installed on the door, or on at least one door at locations where more than one door leads from the exterior to the same room inside the facility, or on the wall immediately adjacent to or above the door location. Characters shall comply with the IFC, §505. The primary entrance of an instructional facility, as defined by subsection (a)(23)(A) of this section, shall always be the first in the entire sequence and is the only door location that does not require numbering. The numbering sequence shall be clockwise and may be sequenced for the entire campus or for each facility individually. The design professional of record shall coordinate with school district personnel and local emergency response personnel prior to incorporating exterior door numbering characters and locations into the contract documents for the facility or facilities specified to be included in a capital improvement project. The design professional of record shall coordinate this requirement with any and all accessibility requirements related to signage.(B) Visitor management. All primary entrances of instructional facilities campus-wide must include the following:(i) an unobstructed line of sight of approaching visitors through physical or digital means;(ii) a physical barrier that prevents unassisted access to the facility by a visitor; and(iii) a location for a visitor check-in and check-out process.(C) Security cameras. All primary and secondary entrances of instructional facilities campus-wide must include a security camera.(4) Exceptions to additional standards based on cost. A school district may opt out of the requirements specified in paragraph (2) of this subsection if:(A) the facility is scheduled to, according to the long-range facilities plan, cease operations as an instructional facility within three years of the project; and(B) the five-year long-range facility plan clearly states that, prior to the end date of the plan, the facility will be compliant with at least two additional safety and security standards specified in paragraph (2) of this subsection if ceasing operation does not occur or operation resumes. The long-range facility plan must specify which two additional safety and security standards will be implemented.(5) Public disclosure process. A school district board of trustees or open-enrollment charter school governing body shall ensure information or documents collected, developed, or produced by the district as part of a capital improvement project are reviewed to ensure that any project-specific safety and security information is adjusted for disclosure if necessary to accommodate the requirement for a district to use protections provided in TEC, §37.108, which directs the school district to protect sensitive information, while also providing general information to the public indicating district compliance commitments made in accordance with this subsection.</content><note type="source"><p>Source Note: The provisions of this §61.1040 adopted to be effective October 12, 2021, 46 TexReg 6915.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING MISSING CHILD PREVENTION AND IDENTIFICATION PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scDD/s61.1041"><num value="61.1041">§61.1041</num><heading>Missing Child Prevention and Identification Program: Fingerprints and Photographs</heading><content>(a) In accordance with the Texas Education Code, §33.054, a photograph of a student shall be retained by the participating school until the photograph is replaced by a photograph taken after the date of the original photograph or until the expiration of three years, whichever is earlier.(b) When a student withdraws from a school district, all photographs and fingerprints of the student taken as part of the Missing Child Prevention and Identification Program shall be returned to the parent or guardian of the student. If the district is unable to return the photograph and fingerprints to the parent or guardian, the photograph and fingerprints shall be destroyed by the school district.</content><note type="source"><p>Source Note: The provisions of this §61.1041 adopted to be effective September 1, 1996, 21 TexReg 3706.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scFF"><num value="FF">SUBCHAPTER FF</num><heading>COMMISSIONER'S RULES CONCERNING VETERANS AND MILITARY DEPENDENTS</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scFF/s61.1061"><num value="61.1061">§61.1061</num><heading>Application Form for Diploma and Evidence of Eligibility</heading><content>(a) In accordance with Texas Education Code (TEC), §28.0251, a school district may issue a high school diploma to a person who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school: (A) after 1940 and before 1975; or (B) after 1989; and (3) left school after completing Grade 6 or higher, but before graduating from high school, to serve in: (A) World War II, the Korean War, the Vietnam War, the Persian Gulf War, the Iraq War, or the war in Afghanistan; or (B) any other war formally declared by the United States, military engagement authorized by the United States Congress, military engagement authorized by a United Nations Security Council resolution and funded by the United States Congress, or conflict authorized by the president of the United States under the War Powers Resolution of 1973 (50 United States Code §1541 et seq.). (b) A school district may issue a diploma to an eligible veteran notwithstanding the fact that the person holds a high school equivalency certificate or is deceased. (c) The Texas Education Agency will develop and make available an application form to be used by a veteran or a person acting on behalf of a deceased veteran. The application form is provided in this subsection entitled "Application for a High School Diploma for Certain Veterans." Attached Graphic(d) Acceptable evidence of eligibility for a diploma under TEC, §28.0251, is: (1) a completed, signed, and dated application form; and (2) a copy of the discharge notification (DD form 214, enlisted record and report of separation, or discharge certificate) from the appropriate branch of the United States armed forces indicating dates of military service. (e) The acceptable evidence of eligibility described in subsection (d) of this section must be submitted to the school district where the veteran was enrolled in high school. If the veteran's school district no longer exists (e.g., the district was consolidated into another district), the acceptable evidence must be submitted to the consolidated district, which will be responsible for issuing the high school diploma. In the case of high schools that have experienced consolidation or for some other reason no longer exist, the local school district that assumed the records of the previously existing school will make the determination as to which existing high school will issue the veteran's diploma.</content><note type="source"><p>Source Note: The provisions of this §61.1061 adopted to be effective August 12, 2001, 26 TexReg 5806; amended to be effective June 11, 2006, 31 TexReg 4611; amended to be effective July 12, 2012, 37 TexReg 5132.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c61/scFF/s61.1063"><num value="61.1063">§61.1063</num><heading>Purple Star Campus Designation</heading><content>(a) Purpose. In accordance with Texas Education Code (TEC), §33.909, a campus may qualify to earn the Purple Star Designation if the campus meets criteria demonstrating supports and resources for its military-connected student population.(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Military-connected student--A student enrolled in a school district or an open-enrollment charter school who is a dependent of a current or former member of the United States military, Texas National Guard, or reserve force in the United States military or who was a dependent of a member of the United States military, Texas National Guard, or reserve force in the United States military who was killed in the line of duty.(2) School liaison officer--An individual who works for the federal or state government and serves as the primary point of contact for school related matters on military installations. School liaison officers represent, inform, and assist commanding officers and military families with school issues; coordinate with local school systems; and create collaborative partnerships between the military and schools.(c) Criteria. To qualify to apply for designation as a Purple Star Campus, a campus must meet the following requirements.(1) Campus-based military liaison. A campus must designate an assigned staff member as a military liaison.(A) The campus-based military liaison may be:(i) a campus counselor;(ii) a teacher;(iii) a campus administrator such as a principal or an assistant principal; or(iv) another campus staff member who supports highly mobile students.(B) The campus-based military liaison must support military-connected students and their families by:(i) serving as the point of contact and working collaboratively between military-connected students and their families and the campus;(ii) maintaining familiarity with enrollment processes, records transfer, existing community resources, and student supports;(iii) ensuring military-connected students are identified and properly coded through the Texas Student Data System Public Education Information Management System (TSDS PEIMS);(iv) determining campus-based supports and services available to military-connected students based on their unique needs, including their high mobility;(v) assisting in coordinating campus-based programs relevant to military-connected students; and(vi) attending professional development or training annually to learn and understand topics related to the transition of military-connected students and their families.(C) The campus-based military liaison must offer professional development opportunities for staff members on issues related to military-connected students. Such issues include, but are not limited to:(i) military culture;(ii) deployments and family separations;(iii) the Interstate Compact on Educational Opportunity for Military Children;(iv) the TSDS PEIMS military student identifier;(v) mitigating the effects of high mobility;(vi) issues that address the physical and mental effects of military service, including post-traumatic stress disorder, traumatic brain injury, and other physical injuries;(vii) supporting students connected to veterans;(viii) supporting students with a parent or guardian in the national guard or reserve; and(ix) supporting students with a parent or guardian who has fallen in the line of duty.(2) Webpage. A campus must create and maintain an easily accessible webpage that includes the following information for military-connected students and their families.(A) Relocation. The military-connected student and family support webpage must include information regarding relocation to the campus such as introductions to school environment and processes, enrollment information in extracurricular activities and clubs, tutoring opportunities, student code of conduct, and contact information of pertinent school staff.(B) Enrollment and registration. The military-connected student and family support webpage must provide information regarding the process and requirements for enrollment, including:(i) a checklist of required documentation needed to enroll at the campus, which may include information such as copies of student records, transcripts, and residence documentation; and(ii) eligibility requirements for free public school prekindergarten, as required by TEC, §29.153, for a child of an active duty member of the armed forces, national guard, or reserve component of the armed forces, who is ordered to active duty by proper authority.(C) Academic planning. The military-connected student and family support webpage must provide a link to information on course sequences, advanced classes available on campus, and information on the Interstate Compact on Educational Opportunity for Military Children, as specified in TEC, Chapter 162.(D) Counseling and support services. The military-connected student and family support webpage must provide eligibility, application, and referral information offered specifically to military-connected families for counseling and support services on or off a military installation.(E) Campus-based military liaison. The military-connected student and family support webpage must provide the contact information and duties of the campus's designated military liaison.(3) Campus transition program.(A) Introductions to the school environment and school processes by the campus-based military liaison or by campus-based student leaders or ambassadors, if determined appropriate by the campus-based military liaison, must be provided to new military-connected students.(B) Any student leaders or ambassadors should be supported or sponsored by a campus-based staff member such as:(i) the campus-based military liaison;(ii) a campus counselor;(iii) a teacher;(iv) a campus administrator such as a principal or an assistant principal; or(v) another staff member who supports highly mobile students.(C) Any student leaders or ambassadors should participate in the following activities:(i) organizing and hosting newcomer social events throughout the school year that give military-connected students and families an opportunity to learn about campus culture, processes, and the community;(ii) facilitating guided tours of the campus, including the library, nurse's office, counseling office, gym, and cafeteria; and(iii) accompanying the new student to lunch the first week of school.(4) Initiatives. A campus must offer at least one of the following initiatives:(A) a resolution showing support for military-connected students and families;(B) participation in the Month of the Military Child or Military Family Month; or(C) partnership with a school liaison officer to encourage and provide opportunities for active duty military members to volunteer in the local schools, speak at a school assembly, or host a school field trip.(d) Application and renewal.(1) The campus-based military liaison must complete the Texas Education Agency (TEA) Purple Star Campus Designation application available on the TEA website.(2) Campus designation criteria must be met and submitted in the application.(3) The Purple Star Campus Designation will be awarded every school year beginning with the 2020-2021 school year.(4) Campuses that satisfy the criteria and are awarded the Purple Star Campus Designation are eligible to recertify the designation every two school years.(5) Campuses not selected for award of the Purple Star Campus Designation will be given an opportunity to appeal the decision of non-selection through an appeal process explained in the non-selection notification.</content><note type="source"><p>Source Note: The provisions of this §61.1063 adopted to be effective April 9, 2020, 45 TexReg 2313.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scHH"><num value="HH">SUBCHAPTER HH</num><heading>COMMISSIONER'S RULES CONCERNING CLASSROOM SUPPLY REIMBURSEMENT PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scHH/s61.1081"><num value="61.1081">§61.1081</num><heading>Teacher Supply Reimbursement Grant Program</heading><content>(a) Application process. In order to participate in the classroom supply reimbursement program authorized by Texas Education Code (TEC), §21.414, a school district must apply to the Texas Education Agency (TEA) for these funds by a date set by the commissioner of education. The application must include the following:(1) a standard Teacher Supply Reimbursement Grant Program district application;(2) the number of teachers and campus library media specialists who have received reimbursement for supply purchases in the last two years;(3) the number of teachers and campus library media specialists anticipated to receive reimbursement under this program and the amount each teacher and campus library media specialist will be eligible to receive; and(4) a district procedure that would ensure each teacher and campus library media specialist meets the requirement that an expenditure will benefit students.(b) Eligibility requirements. To be eligible to participate in the classroom supply reimbursement program, a district will be required to:(1) re-apply to participate each year;(2) account for funds in accordance with applicable state and federal requirements;(3) match individual reimbursements from the Teacher Supply Reimbursement Grant Program with an equal amount of local funds. Local matching funds may be donated, or otherwise provided, to the school district by local community groups, parent/teacher organizations, businesses, professional organizations, etc.;(4) ensure that items purchased with grant funds are tangible items, of direct benefit to students;(5) retain ownership of all durable goods purchased under this program. A district may develop a procedure allowing each teacher and campus library media specialist to retain ownership of goods of nominal value purchased with grant money; and(6) return unexpended Teacher Supply Reimbursement Grant Program balances at the end of the state fiscal year for which they were awarded.(c) Evaluation criteria. Applications to the TEA will be evaluated on the following criteria:(1) information about a district's existing supply reimbursement program, if applicable;(2) the balance between the number of teachers and campus library media specialists receiving reimbursements and the size of the reimbursements;(3) the process by which a district would determine whether an expenditure meets the student benefit criteria as required in subsection (a)(4) of this section; and(4) the district's size relative to other applicants.(d) Other provisions.(1) A district found in noncompliance with the provisions specified in this section must reimburse the state for funds unaccounted for or used for purposes not meeting the requirements in TEC, §21.414.(2) A district found to have reduced its local expenditures may be required to refund the entire grant to the state.(3) A district may allow, but not require, teachers and campus library media specialists to pool their respective supply monies for the purchase of an item, as long as the item meets the student benefit criteria established by the district.(4) Funds for each grant period must be expended by the end date of that grant period.(5) Total reimbursement to an individual teacher or campus library media specialist in a single year from the Teacher Supply Reimbursement Grant Program may not exceed $200. Reimbursements from local funds may exceed the matching requirement in subsection (b)(3) of this section.(6) The reimbursement program may be implemented only if funds are specifically appropriated by the legislature for the program or if the commissioner identifies available funds, other than general revenue funds, that may be used for the program.(e) Dispute resolution.(1) A determination by the local school district board of trustees of any dispute involving teacher or campus library media specialist reimbursement is final and may not be appealed to the TEA, except as provided by TEC, §7.057. Nothing in this provision precludes the TEA from recovering funds from a district pursuant to an audit.(2) A determination by the TEA in the administration of this program is final and may not be appealed.(f) Expiration date. This section, issued under TEC, §21.414, expires September 1, 2007.</content><note type="source"><p>Source Note: The provisions of this §61.1081 adopted to be effective January 4, 2004, 28 TexReg 11585; amended to be effective August 13, 2006, 31 TexReg 6211.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scJJ"><num value="JJ">SUBCHAPTER JJ</num><heading>COMMISSIONER'S RULES CONCERNING AUTOMATIC COLLEGE ADMISSION</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scJJ/s61.1201"><num value="61.1201">§61.1201</num><heading>Notification of Automatic College Admission and Curriculum Requirements for Financial Aid</heading><content>(a) In accordance with the Texas Education Code (TEC), §28.026, a school district or open-enrollment charter school shall provide each student, at the time the student first registers for one or more classes required for high school graduation, with a written notification of the substance of the TEC, §51.803, concerning automatic college admission, the curriculum requirements for financial aid under TEC, Title 3, and the benefits of completing the requirements for automatic admission and financial aid.(1) The notification form to be used by school districts and open-enrollment charter schools, entitled "Explanation of Automatic College Admission and Curriculum Requirements for Financial Aid for High School Students," is provided in this paragraph.Attached Graphic(2) A school district or open-enrollment charter school shall obtain written acknowledgement of receipt of the notification from each eligible student and the student's parent or guardian.(3) The notification form under subsection (a)(1) of this section must be signed by the student's school counselor in addition to being signed by the student and the student's parent or guardian.(b) Not later than the 14th day after the last day of classes for the fall semester or an equivalent date in the case of a school operated on a year-round system, a school district or open-enrollment charter school shall provide each senior student eligible under the TEC, §51.803, each student enrolled in the junior year of high school who has a grade point average in the top ten percent of the student's high school class, and the student's parent or guardian with a written notification of the student's eligibility for automatic college admission. The written notification shall provide a detailed explanation in plain language of the substance of the TEC, §51.803, using the form developed by the Texas Education Agency.(1) The notification form to be used by school districts and open-enrollment charter schools, entitled "Notification of Eligibility for Automatic College Admission," is provided in this paragraph.Attached Graphic(2) A school district shall obtain written acknowledgement of receipt of the notification from each eligible student and the student's parent or guardian.</content><note type="source"><p>Source Note: The provisions of this §61.1201 adopted to be effective May 9, 2010, 35 TexReg 3495; amended to be effective February 14, 2018, 43 TexReg 762.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c61/scKK"><num value="KK">SUBCHAPTER KK</num><heading>COMMISSIONER'S RULES ON COUNTY BOARDS OF EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p2/c61/scKK/s61.1301"><num value="61.1301">§61.1301</num><heading>Delinquent Taxes of County Boards of Education</heading><content>Upon collection of delinquent taxes levied by or on behalf of an abolished county board of education, the county in which the abolished county board of education operated must apply the delinquent taxes to the bonds levied by or on behalf of the abolished county board of education.</content><note type="source"><p>Source Note: The provisions of this §61.1301 adopted to be effective March 7, 2018, 43 TexReg 1266.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c62"><num value="62">CHAPTER 62</num><heading>COMMISSIONER'S RULES CONCERNING OPTIONS FOR LOCAL REVENUE LEVELS IN EXCESS OF ENTITLEMENT</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c62/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p2/c62/sc/s62.1001"><num value="62.1001">§62.1001</num><heading>Authority of Trustees; Duration of Agreements</heading><content>(a) Trustees of independent school districts may not authorize any exclusive franchises on the right to negotiate on behalf of the district.(b) Consolidations under the Texas Education Code, Chapter 49, Subchapter B; detachments and annexations under Subchapter C; and tax base consolidations under Subchapter F are permanent in duration and districts may not enter into agreements that purport to limit the duration of the agreement. Nor may the parties create by agreement any right to cancel the agreement.</content><note type="source"><p>Source Note: The provisions of this §62.1001 adopted to be effective September 13, 1993, 18 TexReg 5743; amended to be effective May 7, 2003, 28 TexReg 3720; amended to be effective January 8, 2020, 45 TexReg 339; amended to be effective February 22, 2022, 47 TexReg 768.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c62/sc/s62.1011"><num value="62.1011">§62.1011</num><heading>Election Duties of Board of Trustees</heading><content>For the purposes of an election ordered under the Texas Education Code, Chapter 49, the board of trustees that orders the election shall perform any applicable duty assigned to the county judge or to the county commissioners court under the Texas Education Code, Chapter 13.</content><note type="source"><p>Source Note: The provisions of this §62.1011 adopted to be effective September 13, 1993, 18 TexReg 5743; amended to be effective May 7, 2003, 28 TexReg 3720; amended to be effective January 8, 2020, 45 TexReg 339.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c62/sc/s62.1031"><num value="62.1031">§62.1031</num><heading>Date of Agreement for Purposes of Determining Election Date</heading><content>For the purposes of the Texas Education Code, §49.012, the date of an agreement entered by the board of trustees of a school district under the Texas Education Code, Chapter 49, Subchapter E or F, is the date that the agreement is certified by the commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §62.1031 adopted to be effective September 13, 1993, 18 TexReg 5743; amended to be effective May 7, 2003, 28 TexReg 3720; amended to be effective January 8, 2020, 45 TexReg 339.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c62/sc/s62.1051"><num value="62.1051">§62.1051</num><heading>Definition of Parcel Detached and Annexed by Commissioner</heading><content>For the purposes of implementing the Texas Education Code, Chapter 49, Subchapter G, a parcel shall be defined as one or more separately described items of real property, together with the improvements and personal property located on the property, that have the same taxable situs or that are:(1) contiguous to each other;(2) used as a unit or subject to the same predominant use; and(3) located within the boundaries of a single school district.</content><note type="source"><p>Source Note: The provisions of this §62.1051 adopted to be effective September 13, 1993, 18 TexReg 5743; amended to be effective May 7, 2003, 28 TexReg 3720; amended to be effective January 8, 2020, 45 TexReg 339.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c62/sc/s62.1072"><num value="62.1072">§62.1072</num><heading>Options and Procedures for Local Revenue in Excess of Entitlement, 2025-2026 and 2026-2027 School Years</heading><content>(a) For the 2025-2026 school year, the processes and procedures that the Texas Education Agency (TEA) will use in the administration of the provisions of the Texas Education Code (TEC), Chapter 49, and the fiscal, procedural, and administrative requirements that school districts subject to the TEC, Chapter 49, must meet are described in the official TEA publication Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2025-2026 School Year, provided in this subsection.Attached Graphic(b) For the 2026-2027 school year, the processes and procedures that the TEA will use in the administration of the provisions of the TEC, Chapter 49, and the fiscal, procedural, and administrative requirements that school districts subject to the TEC, Chapter 49, must meet are described in the official TEA publication Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2026-2027 School Year, provided in this subsection.Attached Graphic(c) The specific processes, procedures, and requirements used in the manuals for districts with local revenue in excess of entitlement are established biennially by the commissioner of education and communicated to all school districts.(d) School district actions and inactions in previous school years and data from those school years will continue to be subject to the annual manual for districts with local revenue in excess of entitlement with respect to those years.</content><note type="source"><p>Source Note: The provisions of this §62.1072 adopted to be effective January 31, 2018, 43 TexReg 451; amended to be effective August 11, 2020, 45 TexReg 5511; amended to be effective February 22, 2022, 47 TexReg 768; amended to be effective February 6, 2024, 49 TexReg 543; amended to be effective January 18, 2026, 51 TexReg 205.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c66"><num value="66">CHAPTER 66</num><heading>STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c66/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c66/scA/s66.4"><num value="66.4">§66.4</num><heading>Requirement for Registers</heading><content>(a) A register shall be kept by the commissioner of education and appropriate staff of the Texas Education Agency (TEA) to record all personal contacts with publishers, their representatives, agents, authors, consultants, editors, depositories, or any other person who has received or expects to receive any money, thing of value, or financial benefit for an appearance; or contact regarding any instructional materials submitted and being considered for State Board of Education (SBOE) approval.(b) Publishers shall file with the commissioner of education, on or before a date specified in the schedule of adoption procedures in each proclamation, a register indicating all visits, meetings, or contacts with SBOE members, including the date, time, location, and purpose of the communication.</content><note type="source"><p>Source Note: The provisions of this §66.4 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective May 5, 2016, 41 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scA/s66.10"><num value="66.10">§66.10</num><heading>Procedures Governing Violations of Statutes--Official Complaints</heading><content>(a) An official complaint alleging a violation of the Texas Education Code (TEC), §31.151, or a rule implementing that section, for an instructional material adopted by the State Board of Education (SBOE) shall be filed with the commissioner of education. An official complaint shall be made on a form prescribed by the commissioner of education.(b) The complaint form shall require:(1) a citation to the specific provision under the TEC, §31.151, or rule for which a violation is alleged;(2) identification of the publisher or manufacturer responsible for the alleged violation;(3) facts showing that a likely violation has occurred such as identification of the particular instructional material and page number where each alleged error occurs; and(4) signature and contact information of the person complaining of the alleged violation.(c) If a complainant fails to submit a properly completed complaint form after being given an opportunity to make corrections, the allegations will not be reviewed by the commissioner of education and will not be submitted to the SBOE.(d) An allegation of a factual error in instructional materials currently under consideration by the SBOE for adoption may not be submitted as an official complaint but must be submitted to the SBOE in accordance with relevant provisions in this chapter.(e) After investigating an official complaint or an allegation brought forward by the Texas Education Agency (TEA) staff, the commissioner of education shall recommend to the SBOE in writing whether to hold a hearing concerning an administrative penalty under the TEC, §31.151.(f) The commissioner of education shall provide the recommendation to the complainant, if any; the publisher or manufacturer accused of the alleged violation; and members of the SBOE.(g) If the SBOE receives a recommendation under subsection (f) of this section, the SBOE chair may include the item for consideration on a future SBOE agenda. If the item is placed on the agenda, TEA staff will present the recommendation.(h) Upon a vote by the SBOE that a hearing shall be held to determine whether a penalty should be assessed, a hearing will be heard before the State Office of Administrative Hearing in accordance with Chapter 157 of this title (relating to Hearings and Appeals). The SBOE shall request either the commissioner of education or the Attorney General to present the case before the State Office of Administrative Hearings.(i) If the parties before the State Office of Administrative Hearings come to an agreement for settling the case, the issue of whether the agreement should be accepted will be placed on a future SBOE agenda.</content><note type="source"><p>Source Note: The provisions of this §66.10 adopted to be effective May 5, 2016, 41 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scA/s66.15"><num value="66.15">§66.15</num><heading>Administrative Penalty</heading><content>(a) Under the Texas Education Code (TEC), §31.151(b), the State Board of Education (SBOE) may assess a reasonable administrative penalty against a publisher or manufacturer found in violation of a provision of the TEC, §31.151(a). The SBOE shall assess an administrative penalty under this section only for a violation based upon an instructional material adopted by the SBOE. An administrative penalty shall be assessed only after the SBOE has granted the publisher or manufacturer a hearing in accordance with the TEC, §31.151; the Administrative Procedure Act; Chapter 157, Subchapter A, of this title (relating to General Provisions for Hearings Before the State Board of Education); and this chapter.(b) The SBOE may assess an administrative penalty against a publisher or manufacturer who violates the TEC, §31.151(a)(1), or a rule implementing that provision, including assessing an administrative penalty against a publisher or manufacturer who offers an instructional material in this state at a higher price than that offered to any other state, public school, or school district in the United States. A publisher or manufacturer does not violate this provision if within 60 days of the sale at a higher price, the publisher or manufacturer provides a refund in the incremental amount of the lower price compared to the purchase price to all Texas public schools that previously purchased the same instructional material at a higher price and enters into a written agreement with the Texas Education Agency (TEA) to offer the instructional material at the lower price to any Texas public school. An action under this subsection may only be taken for differential pricing that occurs between the time when a public school may start entering orders for a particular school year until the time when a public school may start entering orders for the subsequent school year.(c) The SBOE may assess an administrative penalty against a publisher or manufacturer who violates the TEC, §31.151(a)(2), or a rule implementing that provision. A publisher or manufacturer does not violate this provision if within 60 days of the sale at a lower price, the publisher or manufacturer provides a refund in the incremental amount of the lower price compared to the original purchase price to all Texas public schools that previously purchased the same instructional material. An action under this subsection may only be taken for differential pricing that occurs between the time when a public school may start entering orders for a particular school year until the time when a public school may start entering orders for the subsequent school year.(d) The SBOE may assess an administrative penalty against a publisher or manufacturer who violates the TEC, §31.151(a)(3), or a rule implementing that provision. A publisher or manufacturer does not violate this provision if within 60 days of dissemination of instructional materials or ancillary items free of charge, the publisher or manufacturer provides a refund of the purchase to all Texas public schools that previously purchased the same instructional material and enters into a written agreement with the TEA that the ancillary items will be provided free of charge if any Texas public school buys the instructional material at issue.(e) The SBOE may assess an administrative penalty against a publisher or manufacturer who violates the TEC, §31.151(a)(4), or a rule implementing that provision. A publisher or manufacturer does not violate this provision if within 60 days of dissemination of instructional materials of higher quality, the publisher or manufacturer provides new copies of the higher quality instructional material at no charge or, with the public school consent, a refund equivalent to the price of the lower quality material to all Texas public schools that previously purchased the same instructional material.(f) The SBOE may assess an administrative penalty against a publisher or manufacturer who violates the TEC, §31.151(a)(4) or (9), or a rule implementing those provisions, including:(1) an administrative penalty for selling instructional materials with factual errors. The SBOE may assess an administrative penalty against a publisher or manufacturer of instructional materials who sells instructional materials that have been adopted by the SBOE and contain factual errors unless, within 60 days of knowledge of the factual error, the publisher or manufacturer corrects the factual error, including revising web-based instructional materials, providing corrective materials to public schools that have received material containing the factual error, and ensuring no further distribution of materials occurs without correction of the error; or(2) an administrative penalty for failure to correct factual errors. The SBOE may assess an administrative penalty against a publisher or manufacturer who fails to correct a factual error, including:(A) failure to correct a factual error identified in the list of corrections submitted by a publisher under §66.28(c)(11) of this title (relating to Requirements for Publisher Participation);(B) failure to correct a factual error identified in the report of the commissioner of education under §66.63(e) of this title (relating to Report of the Commissioner of Education) and required by the SBOE; or(C) failure to correct a factual error identified and required by the SBOE prior to the adoption of the instructional material.(3) an administrative penalty for a factual error in an instructional material that occurs through updates to the materials by the publisher when the updates did not comply with requirements for updating materials, including the requirements under §66.75 of this title (relating to Updates to Adopted Instructional Materials) and §66.76 of this title (relating to New Editions of Adopted Instructional Materials). Penalties imposed under this paragraph shall:(A) not be subject to penalty limitations imposed by subsection (h) of this section or any other section of this title;(B) be of a sufficient amount to deter future violations; and(C) be based on a timeframe beginning at the time the factual error first appeared in instructional materials delivered to a public school, unless mitigating circumstances suggest otherwise.(g) For purposes of this section:(1) a factual error shall be defined as a verified error of fact or any error that would interfere with student learning. The context, including the intended student audience and grade level appropriateness, shall be considered;(2) a factual error repeated in a single item or contained in both the student and teacher components of instructional material shall be counted once for the purpose of determining penalties. An identical error in materials with multiple components and formats shall be counted as one error; and(3) a penalty may be assessed for failure to correct a factual error identified in the list of corrections submitted by a publisher under §66.28(c)(11) of this title or for failure to correct a factual error identified in the report of the commissioner of education under §66.63(a) of this title and required by the SBOE. The publisher shall identify errata in an appropriate manner.(h) For purposes of subsection (f)(2) of this section, a penalty of $5,000 shall be assessed for each failure to correct a factual error:(1) after the deadline established in the proclamation by which publishers must have submitted corrected samples of adopted instructional materials for violations of subsection (f)(2)(A) of this section; or(2) prior to distribution to public schools after the SBOE has identified the factual error for violations of subsection (f)(2)(B) and (C) of this section.(i) The SBOE may assess an administrative penalty against a publisher or manufacturer who violates the TEC, §31.151(a)(5), or a rule implementing those provisions.(j) The SBOE may assess an administrative penalty against a publisher or manufacturer who violates the TEC, §31.151(a)(6), (7), or (8), or a rule implementing those provisions, including:(1) a penalty for failure to deliver adopted instructional materials, including teacher components, in a timely manner or in the quantities the school district or open-enrollment charter school is eligible to receive as specified in the publisher's bid; and(2) a penalty for failure to deliver adopted instructional materials, including teacher components, in accordance with provisions in the contracts if the failure extends beyond 45 days.(k) The SBOE may assess an administrative penalty against a publisher or manufacturer who fails to maintain a website or provide a suitable alternative for conveying the information in the website, or who otherwise fails to meet the requirements of §66.29 of this title (relating to Websites in State-Adopted Instructional Materials).(l) The SBOE may, if circumstances warrant, waive or vary penalties contained in this section for first or subsequent violations based on the seriousness of the violation, any history of a previous violation or violations, the amount necessary to deter a future violation, any effort to correct the violation, and any other matter justice requires.(m) Each affected publisher shall issue credit to the TEA in the amount of any penalty imposed under the provisions of this section. When circumstances warrant it, the TEA is authorized to require payment of penalties in cash within ten days. Each affected publisher who pays a fine for failure to deliver adopted instructional materials in a timely manner will not be subject to the liquidated damages provision in the publisher's contract for the same failure to deliver adopted instructional materials in a timely manner.(n) All administrative penalties shall be credited to the public schools instructional materials allotment funds under the TEC, §31.0212.</content><note type="source"><p>Source Note: The provisions of this §66.15 adopted to be effective May 5, 2016, 41 TexReg 3137; amended to be effective January 11, 2021, 46 TexReg 301.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c66/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING THE COMMISSIONER'S LIST OF ELECTRONIC INSTRUCTIONAL MATERIALS</heading><section identifier="/us/state/tx/tac/t19/p2/c66/scAA/s66.1013"><num value="66.1013">§66.1013</num><heading>Public Notice and Process for Commissioner-Adopted Instructional Materials</heading><content>(a) Upon determining a need, the commissioner of education shall issue a public notice informing publishers of the opportunity to submit instructional materials to be considered for adoption.(b) At a minimum, the public notice shall contain the following:(1) specifications for essential knowledge and skills in each subject for which materials may be submitted;(2) instructions regarding the process publishers must follow to submit materials for consideration;(3) information regarding the technical standards of the Rehabilitation Act, §508; and(4) a schedule of adoption procedures.(c) The request for instructional materials shall require coverage of specific essential knowledge and skills a designated number of times.</content><note type="source"><p>Source Note: The provisions of this §66.1013 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scAA/s66.1014"><num value="66.1014">§66.1014</num><heading>Requirements for Publisher Participation</heading><content>(a) A publisher that intends to offer instructional materials for review shall comply with product standards and specifications.(1) Hard copy instructional materials adopted by the commissioner of education shall comply with the standards in the latest edition of Manufacturing Standards and Specifications for Textbooks approved by the National Advisory Commission on Textbook Specifications, as applicable. If the commissioner determines that good cause exists, the commissioner may approve an exception for a specific portion or portions of this requirement.(2) Materials delivered online shall meet minimum web-based standards.(3) A publisher that offers electronic instructional materials must provide a report for each electronic component that verifies that the component follows Web Content Accessibility (WCAG) 2.0, Level AA, standards and technical standards required by the Rehabilitation Act, §508. The report must be prepared by an independent third party and be based on an audit testing the accessibility of a random sampling of pages as outlined in each public notice of invitation. The number of pages to be audited to meet the requirements shall be determined by the publisher.(4) A publisher that provides access to materials to students with disabilities through an alternate format shall include a link to that material on the entrance page of the main product.(5) A publisher shall file a statement certifying instructional materials submitted for consideration will meet applicable product standards and specifications if adopted. Each statement must be made in a format designated by the commissioner, signed by a company official, and filed on or before the deadline specified in the schedule of adoption procedures in each public notice of invitation.(6) If, during the contract period, the commissioner determines that any adopted instructional materials have faulty manufacturing characteristics or are made of inferior materials, the materials shall be replaced by the publisher without cost to the state.(b) A publisher that intends to offer instructional materials for adoption shall comply with requirements detailed in the related public notice of invitation.(c) A publisher may not submit instructional materials for review that have been authored or contributed to by a current employee of the Texas Education Agency.</content><note type="source"><p>Source Note: The provisions of this §66.1014 adopted to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scAA/s66.1017"><num value="66.1017">§66.1017</num><heading>Commissioner-Adopted Instructional Materials Review Panels: Eligibility and Appointment</heading><content>(a) The commissioner of education shall determine:(1) the number of review panels needed to review instructional materials under consideration for adoption; and(2) the number of persons to serve on each panel.(b) A person is not eligible to serve on an instructional materials review panel if, during the 36 months immediately preceding the appointment, the person:(1) was employed by or received funds from any individual or entity affiliated with a publishing company involved in or connected to the adoption of instructional materials;(2) owned or controlled any interest valued at more than $5,000 in a privately owned publishing company or an entity receiving funds from a publishing company involved in or connected to the adoption of instructional materials or had direct ownership of stock of a publicly traded company involved in or connected to the adoption of instructional materials; or(3) was employed by an institution of higher education that has submitted open-source instructional materials or is a publisher of instructional materials.(c) The commissioner shall make appointments to instructional materials review panels that ensure that each panel consists of at least two recognized academic experts in the subject area of the materials and at least one expert in the field of educational technology.(d) The term recognized academic expert includes university professors, public school teachers, members of the business community, and citizens of Texas with a strong background in a particular discipline.(e) If funding is available, the commissioner may execute a contract with a university, education service center, or other qualified entity to supply review panelists.</content><note type="source"><p>Source Note: The provisions of this §66.1017 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scAA/s66.1019"><num value="66.1019">§66.1019</num><heading>Instructional Materials Review Panels: Training, Duties, and Conduct</heading><content>(a) Instructional materials review panel members shall participate in training that includes at least the following:(1) the responsibilities of a review panel member;(2) clear and consistent guidelines for determining Texas essential knowledge and skills (TEKS) coverage within the instructional materials;(3) the criteria the materials must meet;(4) identifying factual errors; and(5) the evaluation instruments to be used for the review.(b) The duties of an instructional materials review panel are to:(1) evaluate all instructional materials submitted for consideration in each subject assigned to the panel to determine if essential knowledge and skills are covered as was specified in the public notice;(2) evaluate the educational technology design of the instructional materials;(3) evaluate the extent to which the instructional material is in alignment with current research in the subject for which the material is intended to be used;(4) determine whether the material includes appropriate training for teachers; and(5) submit to the commissioner a report to include:(A) the percentage of required TEKS that each submission assigned to be evaluated by the review panel covers;(B) a score, based on rubrics to be provided by the commissioner, for the qualities described in paragraphs (1)-(4) of this subsection;(C) a list of all factual errors discovered in the instructional materials assigned to be evaluated by the review panel; and(D) as appropriate to a subject area and/or grade level, verification that the panel did not find content in the materials that clearly conflicts with the stated purpose of the Texas Education Code, §28.002(h).(c) Instructional materials review panel members shall not accept meals, entertainment, gifts, or gratuities in any form from publishers, authors, hardware or software providers, or depositories; agents for publishers, authors, hardware or software providers, or depositories; any person who holds any official position with publishers, authors, hardware or software providers, depositories, or agents; or any person or organization interested in influencing the selection of instructional materials.(d) Instructional materials review panel members shall observe a no-contact period that shall begin with the initial communication regarding possible appointment to a review panel and end when the final report showing the findings of the review panels is posted on the Texas Education Agency website. During this period, review panel members shall not have direct or indirect communication with any person having an interest in the adoption process regarding content of instructional materials under evaluation by the panel.</content><note type="source"><p>Source Note: The provisions of this §66.1019 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scAA/s66.1029"><num value="66.1029">§66.1029</num><heading>Public and State Board of Education Roles Regarding Commissioner-Adopted Instructional Materials</heading><content>(a) The commissioner of education shall provide access to electronic instructional materials being considered for adoption and the results of the panel review through the Texas Education Agency (TEA) website for a minimum of 60 days prior to adoption.(b) The commissioner shall provide access to non-electronic instructional materials being considered for adoption and the results of the panel review at TEA and each regional education service center for a minimum of 60 days prior to adoption.(c) Any resident of Texas may submit written comments for, against, or about any instructional materials submitted for adoption.(1) Written comments and lists of factual errors shall be submitted to the commissioner on or before the deadlines specified in the schedule of adoption procedures.(2) Written comments and lists of factual errors shall be submitted to the commissioner on a form provided by the TEA.(3) Copies of written comments and lists of factual errors shall be posted on the TEA website.(d) Before placing materials on the Commissioner's List of Adopted Instructional Materials, a discussion item will be included on the State Board of Education (SBOE) agenda for the Committee of the Full Board and public testimony will be taken at that time.(e) Before materials are adopted for the Commissioner's List of Adopted Instructional Materials, the SBOE shall be given an opportunity to comment on the materials.(f) The SBOE may, not later than the 90th day after the date material is adopted, require the commissioner to remove the material from the adopted list.(g) Notwithstanding Subchapter A of this chapter (relating to General Provisions), the SBOE may assess an administrative penalty under the Texas Education Code, §31.151, for a violation based upon an instructional material adopted by the commissioner under this subchapter.(h) A publisher of instructional materials under this subchapter shall file a register of contacts in the same manner provided under §66.4 of this title (relating to Requirement for Registers) for a publisher of instructional materials adopted through a proclamation.</content><note type="source"><p>Source Note: The provisions of this §66.1029 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scAA/s66.1031"><num value="66.1031">§66.1031</num><heading>Consideration and Adoption of Instructional Materials</heading><content>(a) The commissioner of education shall review all instructional materials submitted for consideration for adoption. The commissioner's review shall include the following:(1) all information provided in the review panel's report required by §66.1019(b)(5) of this title (relating to Instructional Materials Review Panels: Training, Duties, and Conduct);(2) compliance with applicable manufacturing standards and specifications and, if applicable, technical requirements of the Rehabilitation Act, §508;(3) the results of the audit required by §66.1014(a)(3) of this title (relating to Requirements for Publisher Participation); and(4) prices of instructional materials submitted for adoption.(b) Based on the review specified in subsection (a) of this section, the commissioner shall make a final decision regarding the instructional materials that will be placed on the adopted list and made available for schools. The commissioner shall establish a schedule and procedure for one opportunity for a publisher to appeal the decision.(c) The commissioner may allow a publisher to withdraw from the adoption process at any time prior to the adoption date specified in the schedule of adoption procedures.(d) The decision by the commissioner regarding the adoption or non-adoption of instructional materials submitted for inclusion on the commissioner's adopted list is final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §66.1031 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scAA/s66.1035"><num value="66.1035">§66.1035</num><heading>Updates to Commissioner-Adopted Instructional Materials</heading><content>(a) A publisher may submit a request to the commissioner of education for approval to update the content of commissioner-adopted instructional materials. A publisher requesting an update shall do so in a manner and on a form to be determined by the commissioner.(b) Requests for approval of updates shall provide that there will be no additional cost to local school districts or open-enrollment charter schools.(c) The commissioner may request that publishers update instructional materials to accurately reflect current knowledge or information. If the publisher chooses not to comply, the commissioner has the discretion to remove the material from the adopted list.(d) Publishers shall notify the commissioner before making electronic design changes and/or updates that improve performance, design, and technology capabilities, including updates to the navigational features or management system, that enhance the operation and usage for students and teachers but do not include changes to the applicable essential knowledge and skills coverage or new content. Publishers shall provide details of the changes at least 30 business days before the changes are implemented.(e) A publisher of commissioner-adopted instructional materials may provide alternative formats for use by school districts and open-enrollment charter schools if the cost to schools is equal to or less than the cost of the original product.(f) Publishers must notify the commissioner in writing if they are providing commissioner-approved products in alternative formats.(g) Publishers are responsible for informing districts and open-enrollment charter schools of the availability of the alternative formats.(h) The commissioner may add alternative formats of commissioner-adopted products to the list of available products disseminated to school districts and open-enrollment charter schools.(i) The commissioner may remove an adopted instructional material from the list of available products at any time.</content><note type="source"><p>Source Note: The provisions of this §66.1035 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c66/scB"><num value="B">SUBCHAPTER B</num><heading>STATE ADOPTION OF INSTRUCTIONAL MATERIALS</heading><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.21"><num value="66.21">§66.21</num><heading>Review and Adoption Cycles</heading><content>(a) The State Board of Education (SBOE) shall adopt a review and adoption cycle for instructional materials for prekindergarten and for elementary and secondary grade levels for each subject in the required curriculum.(b) In adopting the cycle, the SBOE:(1) is not required to review and adopt instructional materials for all grade levels in a single year; and(2) shall give priority to instructional materials in the following subjects:(A) foundation curriculum subjects for which the essential knowledge and skills have been substantially revised and for which assessment instruments are required under the Texas Education Code (TEC), Chapter 39, Subchapter B, including career and technical education courses that satisfy foundation curriculum requirements as provided by the TEC, §28.002(n);(B) foundation curriculum subjects for which the essential knowledge and skills have been substantially revised, including career and technical education courses that satisfy foundation curriculum requirements as provided by the TEC, §28.002(n);(C) foundation curriculum subjects not described by subparagraph (A) or (B) of this paragraph, including career and technical education courses that satisfy foundation curriculum requirements as provided by the TEC, §28.002(n); and(D) enrichment curriculum subjects.(3) The adoption cycle for subjects in the foundation curriculum shall be organized so that instructional materials for not more than one-fourth of the subjects in the foundation curriculum are reviewed each biennium. A full and complete investigation of instructional materials for each subject in the foundation curriculum shall occur every eight years unless content of instructional materials for a subject is sufficiently current. Estimated expenditures and historical or expected legislative appropriations shall be considered when determining placement of subjects in the cycle.(4) The adoption cycle for subjects in the enrichment curriculum shall be organized so that placement of a subject in the cycle is based on the need for up-to-date materials that align to revised Texas essential knowledge and skills or the addition of new courses. Estimated expenditures and historical or expected legislative appropriations shall be considered when determining placement of subjects in the cycle.</content><note type="source"><p>Source Note: The provisions of this §66.21 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective March 4, 2001, 26 TexReg 1706; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 21, 2014, 39 TexReg 3855; amended to be effective May 5, 2016, 41 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.27"><num value="66.27">§66.27</num><heading>Proclamation, Public Notice, and Schedule for Adopting Instructional Materials</heading><content>(a) Texas Education Code (TEC), §31.002, defines instructional materials as content that conveys the essential knowledge and skills of a subject in the public-school curriculum through a medium or a combination of media for conveying information to a student. The term includes a book; supplementary materials; a combination of a book, workbook, and supplementary materials; computer software; magnetic media; DVD; CD-ROM; computer courseware; online services; or an electronic medium or other means of conveying information to the student or otherwise contributing to the learning process through electronic means, including open education resource instructional material.(b) Upon the adoption of revised Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG), the State Board of Education (SBOE) shall conduct an investigation to determine the extent of the revisions and whether revisions have created a need for new instructional materials.(c) The SBOE shall issue a proclamation calling for instructional materials according to the review and adoption cycle adopted by the SBOE if the investigation required in subsection (b) of this section results in the determination that a proclamation is necessary. The proclamation shall serve as notice to all publishers and to the public that bids to furnish new materials to the state are being invited and shall call for:(1) new instructional materials aligned to all of the TEKS for a specific subject and grade level or course(s) or to the TPG and to TEC, §28.002(h), as it relates to that specific subject in understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage;(2) supplemental material aligned to new or expanded TEKS for a specific subject and grade level or course(s) or to new or expanded TPG and to TEC, §28.002(h), as it relates to that specific subject in understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage;(3) new information demonstrating alignment of current instructional materials to the revised TEKS for a specific subject and grade level or course(s) or the revised TPG and to TEC, §28.002(h), as it relates to that specific subject in understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage; or(4) any combination of the calls described by paragraphs (1)-(3) of this subsection.(d) The essential knowledge and skills adopted in this title effective in the year in which instructional materials are intended to be made available in classrooms are the SBOE's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under the corresponding proclamation.(e) The essential knowledge and skills that will be used to evaluate instructional materials submitted for consideration under a proclamation and a copy of each proclamation issued by the SBOE may be accessed from the Texas Education Agency website and are available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.(f) Proclamations calling for supplemental materials or new information only shall be issued at least 12 months before the scheduled adoption of instructional materials. Proclamations that include a call for complete new materials to cover all of the TEKS or TPG shall be issued at least 18 months before the scheduled adoption of the new instructional materials.(g) Each proclamation shall contain the following:(1) information about and reference to essential knowledge and skills in each subject for which bids are being invited;(2) the requirement that a publisher of adopted instructional materials for a grade level other than prekindergarten must submit an electronic pre-adoption sample of the instructional materials as required by the TEC, §31.027(a) and (b), and may not submit a print sample copy;(3) the requirement that electronic samples include a word search feature;(4) the requirement that publishers file with the Texas Education Agency (TEA) print samples, electronic samples in an open file format or closed format, or galley proofs for use by state review panels;(5) the student enrollment of the courses or grade levels called for, to the extent that it is available, for the school year prior to the year in which the proclamation is issued;(6) specifications for providing computerized files to produce braille versions of adopted instructional materials;(7) specifications for ensuring that electronic instructional materials are fully accessible to students with disabilities;(8) a schedule of adoption procedures; and(9) an option for the submission of open education resource instructional materials that are available for use by the state without charge on the same basis as instructional materials offered for sale.(h) The proclamation shall require the instructional materials submissions to cover:(1) content essential knowledge and skills for the subject area and grade level or course for which the materials are intended:(A) at least once in the student text narrative; and(B) once in an end-of-section review exercise, an end-of-chapter activity, or a unit test; and(2) process essential knowledge and skills:(A) at least once in the student text narrative and once in an end-of-section review exercise, an end-of-chapter activity, or a unit test; or(B) twice in an end-of-section review exercise, an end-of-chapter activity, or a unit test.(i) A proclamation for prekindergarten materials shall require the instructional materials submissions to cover the end-of-year outcomes at least twice in the teacher materials and as deemed developmentally appropriate in the student materials. The coverage must include both an opportunity for the teacher to teach and the student to practice or demonstrate the knowledge or skill.(j) A draft copy of the proclamation shall be provided to each member of the SBOE and posted on the TEA website, and the TEA shall solicit input regarding the draft proclamation prior to its scheduled adoption by the SBOE. Any revisions recommended as a result of input from publishers shall be presented to the SBOE along with the subsequent draft of the proclamation.(k) If the SBOE determines that good cause as defined by the SBOE exists, the SBOE may adopt an emergency, supplementary, or revised proclamation without complying with the timelines and other requirements of this section.(l) The SBOE may issue a proclamation for instructional materials eligible for midcycle review. The midcycle adoption process shall follow the same procedures as the regular adoption except to the extent specified in this subsection.(1) The midcycle proclamation shall include a fee not to exceed $10,000 for each program or system of instructional materials intended for a certain subject area and grade level or course submitted for midcycle review. Publishers participating in the midcycle review process are responsible for all expenses incurred by their participation.(2) A publisher that intends to offer instructional materials for midcycle review shall commit to provide the instructional materials to school districts in the manner specified by the publisher. The manner in which instructional materials are provided may include:(A) providing the instructional materials to any district in a regional education service center area identified by the publisher; or(B) providing a certain maximum number of instructional materials specified by the publisher.(3) The publisher of instructional materials submitted for midcycle review shall enter into a contract with the SBOE for a term that ends at the same time as any contract entered into by the SBOE for instructional materials for the same subject and grade level.(4) The publisher of instructional materials submitted for midcycle review is not required to provide samples to education service centers or school districts as specified in the TEC, §31.027.(5) The publisher of instructional materials submitted for midcycle review shall make available one electronic examination copy of each submitted instructional materials product, including materials intended for teacher use and ancillaries, to each SBOE member upon that member's request, beginning on the date in the adoption schedule when publishers file their samples at the TEA. The state does not guarantee return of these SBOE-requested materials.</content><note type="source"><p>Source Note: The provisions of this §66.27 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective September 1, 1997, 22 TexReg 3779; amended to be effective March 4, 2001, 26 TexReg 1706; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effectiveMarch 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.28"><num value="66.28">§66.28</num><heading>Requirements for Publisher Participation</heading><content>(a) A publisher with adopted materials shall comply with product standards and specifications.(1) Hard copy instructional materials adopted by the State Board of Education (SBOE) shall comply with the standards in the latest edition of Manufacturing Standards and Specifications for Textbooks approved by the National Advisory Commission on Textbook Specifications, as applicable. A publisher shall file a statement certifying instructional materials submitted for consideration will meet applicable product standards and specifications if adopted. Each statement must be made in a format designated by the commissioner of education, signed by a company official, and filed on or before the deadline specified in the schedule of adoption procedures in each proclamation. If the commissioner determines that good cause exists, the commissioner may approve an exception for a specific portion or portions of this requirement.(2) A publisher that offers electronic instructional materials must provide a report for each electronic component that verifies that the components follow the Web Content Accessibility Guidelines (WCAG) identified in the proclamation and technical standards required by the Federal Rehabilitation Act, Section 508. The report must be prepared by an independent third party and be based on an audit testing a random sampling of each different type of electronic component as outlined in each proclamation. If applicable, the number of pages to be audited to meet the requirements in the proclamation shall be determined by the publisher.(3) A publisher that provides access to materials to students with disabilities through an alternate format shall include a link to that material on the entrance page of the main product.(4) Materials delivered online shall meet minimum web-based standards.(5) If, during the contract period, the commissioner determines that any adopted instructional materials have faulty manufacturing characteristics or are made of inferior materials, the materials shall be replaced by the publisher without cost to the state.(6) If, during the contract period, the commissioner determines that any publisher's adopted instructional materials do not comply with the WCAG standards identified in the proclamation or the technical standards required by the Federal Rehabilitation Act, Section 508, the publisher's instructional materials contract may be presented to the SBOE for termination.(7) A publisher of adopted instructional materials shall make available samples that meet the requirements of this subsection to an SBOE member upon that member's request, beginning on the date the publishers are required to submit their final samples to the Texas Education Agency (TEA).(b) Publishers participating in the adoption process are responsible for all expenses incurred by their participation.(c) A publisher that intends to offer instructional materials for adoption shall submit a statement of intent to bid on or before the date specified in the schedule of adoption procedures.(1) The statement of intent to bid shall be submitted in a format designated by the commissioner.(2) A publisher shall indicate in the statement of intent to bid the percentage of Texas essential knowledge and skills or Texas Prekindergarten Guidelines that the publisher believes are sufficiently covered in each instructional materials submission.(3) A publisher shall specify hardware and system requirements needed to review any item included in an instructional materials submission.(4) Additions to a publisher's statement of intent to bid shall not be accepted after the deadline for filing statements of intent to bid, except as allowed in the schedule of adoption procedures included in a proclamation.(5) A publisher that intends to offer instructional materials for midcycle review shall submit a statement of intent to bid and price information on or before the date specified in the schedule of adoption procedures under midcycle review. The statement of intent to bid must:(A) specify the manner in which instructional materials will be provided to school districts as specified in §66.27(k)(2) of this title (relating to Proclamation, Public Notice, and Schedule for Adopting Instructional Materials); and(B) include payment of the fee for review of instructional materials submitted for midcycle review.(d) A publisher that intends to offer instructional materials for review shall comply with the following requirements for providing pre-adoption samples.(1) Complete electronic samples of student and teacher components of instructional materials shall be provided to the TEA and the 20 regional education service centers (ESCs) on or before the date specified in the schedule of adoption procedures in a proclamation. Samples submitted for review shall be complete versions of the final product and must include all content intended to be in the final product, not just the content identified in the correlations. Samples of electronic products must be fully functional for review purposes and meet any other specifications identified in the proclamation. The original sample submission must remain unchanged through the entire review and adoption process, though updated samples can be added to the publisher's submission. These samples are copyrighted by the publisher and are not to be downloaded for use in classrooms or for any purpose other than public review.(2) A publisher of prekindergarten materials is not required to submit electronic samples of submitted prekindergarten instructional materials. Samples of submitted prekindergarten materials must match the format of the products to be provided to schools upon ordering.(3) Electronic samples must be free of sales or marketing materials.(4) These samples shall be made available electronically for public review. Publishers of instructional content accessed electronically shall provide all necessary information, such as locator and login information and passwords, required to ensure public access to their programs throughout the review period.(5) If the commissioner determines that good cause exists, the commissioner may extend the deadline for filing samples with ESCs. At its discretion, the SBOE may remove from consideration any materials proposed for adoption that were not properly supplied to the ESCs, the TEA, or SBOE members.(6) A publisher shall provide a complete description of all student and teacher components of an instructional materials submission.(7) On request of a school district, a publisher shall provide an electronic sample of submitted instructional materials and may also provide print sample copies.(8) One sample copy of each student and teacher component of an instructional materials submission shall be provided for each member of the appropriate state review panel in accordance with instructions provided by the TEA. Samples for review must be as free from factual and editorial error as possible and reflect the quality of the final product intended to go into classrooms. Publishers have the option to provide reviewers with print samples, electronic samples in an open file format or closed format, or galley proofs. An electronic sample of print instructional materials must be offered in a format that simulates the print or "view only" version and that does not contain links to external sources. To ensure that the evaluations of state review panel members are limited to student and teacher components submitted for adoption, publishers shall not provide ancillary materials or descriptions of ancillary materials to state review panel members. The state does not guarantee return of sample instructional materials.(9) The TEA, ESCs, and participating publishing companies shall work together to ensure that hardware or special equipment necessary for review of any item included in a student and/or teacher component of an instructional materials submission is available in each ESC. Participating publishers may be required to lend such hardware or special equipment to any member of a state review panel who does not have access to the necessary hardware or special equipment.(10) Electronic samples must allow for multiple, simultaneous user access and be equipped with a word-search feature.(e) The TEA may request additional samples if they are needed.(f) A publisher that intends to offer instructional materials for adoption shall comply with the following bid requirements.(1) Publishers shall file official bids with the commissioner according to the schedule of adoption procedures and in a manner designated by the commissioner.(2) The official bid filed by a publisher shall include separate prices for each item included in an instructional materials submission. A publisher shall guarantee that individual items included in the student and/or teacher component are available for local purchase at the individual prices listed for the entire contract period.(3) A publisher may submit supplemental bids with new package options or lower prices for existing packages or components according to the schedule of adoption procedures included in the proclamation if the publisher filed an initial bid for that course or grade level by the deadline in the schedule of adoption procedures. Supplemental bids may not be submitted for prices higher than were provided in the initial bids.(g) Each instructional material or ancillary material that is offered as part of a bundle must also be available for purchase individually.(h) A publisher that intends to offer instructional materials for adoption shall comply with the following additional requirements.(1) A publisher shall submit to the TEA a signed affidavit including the following:(A) certification that each individual whose name is listed as an author or contributor of the instructional materials contributed to the development of the instructional materials;(B) a general description of each author's or contributor's involvement in the development of the instructional materials; and(C) certification that all corrections required by the commissioner and SBOE have been made.(2) Student materials offered for possible adoption may include consumable components in subjects and grade levels in which consumable materials are not specifically called for in the proclamation. In such cases, publishers must meet the following conditions.(A) The per student price of the materials must include the cost of replacement copies of consumable student components for the full term of the adoption and contract, including any extensions of the contract terms, but for no more than 12 years. The offer must be set forth in the publisher's official bid.(B) The publisher's official bid shall contain a clear explanation of the terms of the sale, including the publisher's agreement to supply consumable student materials for the duration of the contract and extensions as noted in subparagraph (A) of this paragraph.(C) The publisher and the school district shall determine the manner in which consumable student materials are supplied beyond the initial order year.(i) A publisher may not submit instructional materials for review that have been authored or contributed to by a current employee of the TEA.(j) A publisher or author may not solicit input, directly or indirectly, on new or revised content from a member of the state review panel for a product the panelist reviewed while the product is being considered or even after the product has been adopted or rejected.(k) On or before the deadline established in the schedule of adoption procedures, publishers shall submit correlations of instructional materials submitted for review with essential knowledge and skills required by the proclamation. Correlations shall be provided for materials designed for student use and materials designed for teacher use and must identify evidence of each student expectation addressed in the ways specified in §66.27(h) of this title. Correlations shall be submitted in a format designated by the commissioner.(l) A publisher shall provide a list of all corrections required to be made to each student and teacher component of an instructional materials submission to bring them into compliance with applicable laws, rules, or the proclamation. The list must be in a format designated by the commissioner and filed on or before the deadline specified in the schedule of adoption procedures. If no corrections are necessary, the publisher shall file a statement to that effect in a format designated by the commissioner on or before the deadline in the schedule for submitting the list of corrections.(m) On or before the deadline for submitting lists of corrections, publishers shall submit certification that all instructional materials have been edited for accuracy, content, and compliance with requirements of the proclamation.(n) One complete electronic sample copy in an open file format or closed format of each student and teacher component of adopted instructional materials that incorporate all corrections required by the SBOE shall be filed with the commissioner on or before the date specified in the schedule of adoption procedures. The complete sample copies filed with the TEA must be representative of the final program.(o) A publisher who intends to offer instructional materials for adoption shall comply with additional requirements included in a proclamation related to submission of instructional materials for adoption.</content><note type="source"><p>Source Note: The provisions of this §66.28 adopted to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.29"><num value="66.29">§66.29</num><heading>Websites in State-Adopted Instructional Materials</heading><content>(a) This section applies only to a website that is a component used to address Texas essential knowledge and skills as part of a state-adopted product.(b) A publisher shall monitor, update, and maintain any in-house and third party electronic, web-based, or online products furnished as part of the instructional materials specified in the contract for the period determined by the State Board of Education (SBOE).(c) If, at any time during the contract period, the commissioner of education determines in a hearing that electronic, web-based, or online instructional materials furnished and supplied under the terms of a contract have faulty manufacturing characteristics or display dated or inferior information that is not in alignment with the Texas essential knowledge and skills that were in place at the time of the materials' original adoption, the instructional materials or information shall be replaced with complying materials or information by the publishers without cost to the state.(d) Electronic, web-based, or online instructional materials may not be altered in any way that would remove or change content that was used to qualify the product for adoption in the curriculum without prior SBOE approval.(e) The publisher may not allow advertising of any type to be placed in or associated with the materials.(f) The publisher may not add any Internet links to the materials without the approval of the commissioner of education, will not redirect any user accessing the web-based or online instructional materials to other Internet or electronic sites that are not directly related to the content, and may not collect any information about the user or computer accessing the materials that would allow determination of personal information, including email addresses, without a fully executed data-sharing agreement between the publisher and the local school district that protects user data and limits its use to permitted educational purposes only.</content><note type="source"><p>Source Note: The provisions of this §66.29 adopted to be effective May 5, 2016, 41 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.30"><num value="66.30">§66.30</num><heading>State Review Panels: Eligibility and Appointment</heading><content>(a) The commissioner of education shall determine the number of review panels needed to review instructional materials under consideration for adoption, the number of persons to serve on each panel, and, subject to this section, the process for selecting panel members.(b) As determined by this section, panel members shall serve with the advice and consent of the member from whose district the panel member resides.(c) The commissioner shall solicit nominations for possible appointees to state review panels from the State Board of Education (SBOE), school districts, open-enrollment charter schools, and educational organizations in the state. Nominations may be accepted from any Texas resident. Nominations shall not be made by or accepted from any publishers; hardware or software providers; authors; depositories; agents for publishers, hardware or software providers, authors, or depositories; or any person who holds any official position with a publisher, hardware or software provider, author, depository, or agent.(d) A person nominated to serve on a state review panel shall disclose in any nomination or application, in a manner designated by the commissioner, his or her residence and whether currently or at any time in the 36 months preceding the appointment the person:(1) was employed by or received funds from any individual or entity affiliated with a publishing company involved in or connected to the adoption of instructional materials;(2) owned or controlled any interest valued at more than $5,000 in a privately owned publishing company or an entity receiving funds from a publishing company involved in or connected to the adoption of instructional materials or had direct ownership of stock of a publicly traded company involved in or connected to the adoption of instructional materials; or(3) was employed by an institution of higher education that has submitted open education resource instructional materials or is a publisher of instructional materials.(e) The commissioner shall propose appointments to state review panels that, to the extent possible, as determined by the commissioner, include the following:(1) individuals nominated by SBOE members;(2) individuals representing a diverse mixture of gender, race, and SBOE districts;(3) a majority of members with content expertise and experience;(4) academic experts in each subject area for which instructional materials are being considered, giving priority to content-relevant educators and professors; and(5) educators, parents, business and industry representatives, and employers.(f) For purposes of this section, an "academic expert" is a person who:(1) is a public-school teacher with at least ten years of classroom teaching experience; or(2) has at least a master's degree in the subject area; or(3) is a professor at an accredited four-year institution of higher education in Texas.(g) The commissioner shall notify the SBOE of the proposed appointments. The commissioner shall assign each appointee to the SBOE district in which he or she resides.(h) An SBOE member may reject the proposed appointment of a panel member representing that member's SBOE district by notifying the commissioner via electronic mail within five business days of receiving the proposed appointment list. Failure to reject a proposed appointment within five business days constitutes consent for the appointment.(i) After close of the five-business-day period under subsection (h) of this section, the commissioner may propose additional members if necessary. The commissioner shall provide to the SBOE member who represents the district of residence for each additional proposed panel member the opportunity for review of additional members in accordance with the time period and rejection rules under subsection (h) of this section. The SBOE shall be notified of finalized appointments made by the commissioner to state review panels. The final list of appointees, their roles, and who nominated them shall be given to each member of the SBOE no later than the first public meeting following the finalization of the panels.(j) The commissioner shall inform nominees who are not appointed to a state review panel that all members of the public may review instructional materials and give input during the public comment period.(k) The role of each appointee shall be designated by the commissioner and disclosed to all appointees on each panel.(l) Members of a state review panel may be removed at the discretion of the commissioner at any time prior to the completion of the review.</content><note type="source"><p>Source Note: The provisions of this §66.30 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective May 21, 2014, 39 TexReg 3855; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.36"><num value="66.36">§66.36</num><heading>State Review Panels: Training, Duties, and Conduct</heading><content>(a) State review panel members shall participate in training that includes at least the following:(1) the responsibilities of a state review panel member;(2) statutes and rules pertaining to the state adoption process;(3) essential knowledge and skills specified for subjects and grades or courses included in the proclamation;(4) clear and consistent guidelines for determining Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) coverage within the instructional materials;(5) identifying factual errors;(6) the schedule of adoption procedures;(7) instruction in the use of technology appropriate to media submitted for adoption; and(8) regulatory requirements, including the Government Code, §572.051 (relating to Standards of Conduct), and the Texas Penal Code, §36.02 (relating to Bribery). Copies of the statutes mentioned in this section shall be supplied to each state review panel member.(b) The duties of the members of a state review panel are to:(1) evaluate all instructional materials submitted for review assigned to the panel to determine if essential knowledge and skills are covered in the instructional materials intended for student use and the instructional materials intended for teacher use. All portions of instructional materials must be reviewed by at least two panel members for the purpose of this review. Nothing in this rule shall be construed to contravene the Texas Education Code (TEC), §28.004(e)(5), which makes coverage of contraception and condom use optional in both the student and teacher editions of health instructional materials. Coverage must be identified as described in §66.27(h) of this title (relating to Proclamation, Public Notice, and Schedule for Adopting Instructional Materials) to be considered complete. The requirements to be met in evaluating coverage of essential knowledge and skills shall include the following.(A) State review panel members must participate in a team during the review and reach a consensus, or a simple majority if the panel members are unable to reach consensus, to determine whether the TEKS or TPG have been covered sufficiently in the instructional materials.(B) A publisher's citation for coverage of any specific student expectation may be accepted only if it provides one of the following:(i) an opportunity for the teacher to teach the component of the knowledge or skill in the teacher material;(ii) an opportunity for the student to learn the component of the knowledge or skill in the student material or the teacher material; or(iii) an opportunity for the student to demonstrate the component of the knowledge or practice the component of the skill in the student material or the teacher material.(C) Student expectations are not considered covered if only included in side bars, captions, or questions at the end of a section or chapter.(D) Each student expectation must be clearly evident in the instructional materials to ensure sufficient coverage.(E) Student expectations that contain the word "including" reference content that must be covered in instructional materials, while those containing the phrase "such as" are intended as possible illustrative examples and are not required to be covered in instructional materials;(2) submit a consensus report, or, if necessary, majority and minority reports that reflect the opinions of all panel members listed by team role, to the commissioner of education indicating which TEKS or TPG are and are not covered in each product assigned to be evaluated by the state review panel;(3) if applicable, submit a consensus report, or, if necessary, majority and minority reports that reflect the opinions of all panel members listed by team role, to the commissioner indicating which English language proficiency standards required for any specific product as established by the proclamation are and are not covered in each product assigned to be evaluated by the state review panel;(4) submit to the commissioner a list of all factual errors in instructional materials discovered during the review conducted by the state review panel through the submission of a consensus report, or, if necessary, majority and minority reports that reflect the opinions of all panel members listed by team role;(5) as appropriate for a subject area and/or grade level, ascertain that instructional materials submitted for review do not contain content that clearly conflicts with the stated purpose of the TEC, §28.002(h); and(6) at the conclusion of the review process, certify to the State Board of Education (SBOE) compliance with subsection (a) of this section and with this subsection.(c) State review panel members shall not accept meals, entertainment, gifts, or gratuities in any form from SBOE members; publishers, authors, or depositories; agents for publishers, authors, or depositories; any person who holds any official position with publishers, authors, depositories, or agents; or any person or organization interested in influencing the selection of instructional materials.(d) Before presenting a final report to the commissioner, state review panel members shall be given an opportunity to request a meeting with a publisher to obtain responses to questions regarding instructional materials being evaluated by the state review panel. Questions shall be provided to publishers in advance of the meeting.(e) State review panel members shall be afforded the opportunity to collaborate with other panel members during the official virtual and face-to-face reviews to discuss coverage of TEKS or TPG, errors, components, or any other aspect of instructional materials being evaluated. A member of a state review panel shall not discuss with other members of the panel the instructional materials being reviewed, except during official virtual and face-to-face reviews.(f) State review panel members shall not discuss instructional materials being evaluated with a member of the SBOE or with any party having a financial interest in the adoption of instructional materials prior to the conclusion of the review. The review is considered to have concluded on the date that the list of instructional materials recommended for adoption is posted on the Texas Education Agency (TEA) website.(g) SBOE members may attend review panel meetings but may not discuss materials under review with state review panel members.(h) State review panel members shall observe a no-contact period that shall begin with the initial communication regarding possible appointment to a state review panel and end when the final report showing the findings of the review panels is posted on the TEA website. During this period, state review panel members shall not have direct or indirect communication with any person having an interest in the adoption process regarding content of instructional materials under evaluation by the panel.(i) The restrictions in subsections (e)-(h) of this section are not intended to prohibit members of the state review panels from seeking advice from educators, experts, or parents regarding the meaning or intent of the student expectations that the materials must cover.(j) The restrictions in subsections (e)-(h) of this section are not intended to prohibit members of the state review panels from providing public testimony to the SBOE either at a public hearing or in any regularly scheduled meeting in accordance with the SBOE Operating Rules, §2.12 (relating to Public Hearings).(k) State review panel members shall report immediately to the commissioner any communication or attempted communication by any person not officially involved in the review process regarding instructional materials being evaluated by the panel.(l) State review panel members participating in the face-to-face review shall affix their signatures to all reports to the commissioner. State review panel members participating in the virtual review shall submit their reports electronically through email accounts owned by the review panel members, which will serve as their electronic signatures.(m) Members of each state review panel may be required to be present at the SBOE meeting at which instructional materials are adopted.</content><note type="source"><p>Source Note: The provisions of this §66.36 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective March 4, 2001, 26 TexReg 1706; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective March 13, 2014, 39 TexReg 1709; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.39"><num value="66.39">§66.39</num><heading>Regional Education Service Centers: Procedures for Handling Samples; Public Access to Samples</heading><content>(a) Each regional education service center (ESC) executive director shall designate one person to supervise all access to samples of instructional materials.(b) On or before the date specified in the schedule of adoption procedures, each ESC representative shall notify the commissioner of education of all irregularities in electronic samples in a manner designated by the commissioner. The appropriate publisher shall be notified of any sample irregularities reported by the ESCs.(c) One electronic sample of all instructional materials under consideration for adoption shall be retained in each ESC for review by interested persons. The review sample must remain available until the ESC receives the electronic final adopted product sample on the date specified in the schedule of adoption procedures.(d) Appropriate information, such as locator and login information and passwords, shall be made available by the ESCs to ensure public access to Internet-based instructional content throughout the review or contract period, as appropriate.(e) Regional ESCs shall ensure reasonable public access to sample instructional materials, including access outside of normal working hours that shall be scheduled by appointment.(f) On or before the date specified in the schedule of adoption procedures, each ESC shall publicize the date on which sample instructional materials will be available for review and shall notify all school districts in the region of the schedule.(g) One electronic final sample of all instructional materials adopted by the State Board of Education shall be retained in each ESC for the entire adoption period for review by interested persons. Samples of adopted prekindergarten materials must match the format of the products to be provided to schools upon ordering.</content><note type="source"><p>Source Note: The provisions of this §66.39 adopted to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.41"><num value="66.41">§66.41</num><heading>Adding Content During the Panel Review</heading><content>(a) A publisher may add or edit content to instructional materials during the panel review only to allow the materials to:(1) meet the Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) coverage percentage the publisher had specified on the correlation document submitted for that instructional product;(2) meet 100% of the English language proficiency standards (ELPS) designated for the subject and grade for which the instructional product is intended; and(3) address any factual errors.(b) To be eligible to have content added as described in subsection (a) of this section, the material must, upon its initial review, be identified as meeting:(1) at least 75% of the TEKS or TPG coverage percentage indicated by the publisher on the correlation document submitted for that material; and(2) at least 75% of the ELPS designated for the subject and grade for which the material is intended.(c) A publisher shall have one opportunity to provide a written request for the Texas Education Agency (TEA) to further review instructional material that, in accordance with subsection (b) of this section, is not eligible to have new content added. The request for further review must be received by TEA within the timeframe established by the TEA at the start of the review.(d) New content may be provided as print samples, electronic samples in an open file format or closed format, or galley proofs for review by the state review panels.(e) New content must be provided to the review panels as quickly as possible and within the timeframe established by the TEA.(f) Electronic samples of new content approved by the review panels for the purpose of making the product eligible for adoption shall be submitted to the TEA and each education service center prior to the adoption of instructional materials. New content submitted under this subsection must be submitted by the deadline established in the schedule of adoption procedures in the proclamation.(g) If a publisher receives a request or a "no report" from a panel, the publisher shall be given no less than 48 hours to provide content in response to the request or report.</content><note type="source"><p>Source Note: The provisions of this §66.41 adopted to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.42"><num value="66.42">§66.42</num><heading>Public Comment on Instructional Materials</heading><content>(a) The instructional materials public comment period begins when the electronic samples of materials under consideration for adoption are posted on the Texas Education Agency (TEA) website and ends 14 days prior to the meeting at which the State Board of Education (SBOE) will vote to adopt instructional materials.(b) Any resident of Texas may submit written comments for, against, or about any instructional materials submitted for adoption.(1) Written comments shall be submitted to the commissioner of education in a format designated by the commissioner on or before the deadlines specified in the schedule of adoption procedures.(2) Alleged factual errors shall be submitted to the commissioner in a format designated by the commissioner on or before the deadlines specified in the schedule of adoption procedures.(3) Copies of written comments and lists of reported alleged factual errors shall be posted on the TEA website and provided to the SBOE and participating publishers.(c) The SBOE shall hold a hearing on instructional materials submitted for review during a regularly scheduled meeting prior to the meeting at which the SBOE will vote to adopt instructional materials.(1) Testimony at the hearing shall be accepted from Texas residents and non-residents with priority given to Texas residents. Copies of written testimony provided at the hearing shall be distributed to SBOE members and to publishers with materials under consideration. Persons who wish to testify must register in accordance with registration procedures in the SBOE Operating Rules, §2.10 (relating to Oral Public Testimony in Connection with Regular Board and Committee Meetings). The SBOE may limit the time available for each person to testify in an effort to hear from everyone who has registered to testify. Persons will also be allowed to register to testify at the hearing, but priority will be given to those persons who registered prior to the deadline, in accordance with the SBOE Operating Rules, §2.12 (relating to Public Hearings).(2) Oral responses to testimony at the hearing may be made by official representatives of publishing companies.(3) An archived recording of the hearing shall be provided on the TEA website.(4) All written publisher responses to comments or public testimony provided at the hearing shall be posted to the TEA website within five working days of their receipt.(d) Public comment on instructional materials not adopted by the SBOE on the date specified in the schedule of adoption procedures shall be accepted according to the SBOE Operating Rules, §2.10.</content><note type="source"><p>Source Note: The provisions of this §66.42 adopted to be effective May 5, 2013, 41 TexReg 3137; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.43"><num value="66.43">§66.43</num><heading>Adding Content During the Public Comment Period</heading><content>(a) Publishers that wish to add or modify content after submitting their electronic pre-adoption samples but prior to adoption must make the new content available to the public, meet all the same requirements with that new content that the original pre-adoption sample meets, and document changes on the list of corrections and editorial changes, as specified in §66.28 of this title (relating to Requirements for Publisher Participation).(b) Changes to content in materials under consideration for adoption made in accordance with subsection (a) of this section, including those proposed in response to public comment, must be received by the Texas Education Agency by seven business days prior to the meeting at which the State Board of Education will vote to adopt instructional materials. The proposed changes shall be posted on the Texas Education Agency website at least five business days prior to the meeting at which the State Board of Education will vote to adopt instructional materials.(c) Changes to content in materials under consideration for adoption proposed in response to public testimony must be received by the Texas Education Agency by 5:00 p.m. on the Wednesday prior to the meeting at which the State Board of Education will vote to adopt instructional materials.(d) After materials have been adopted, content changes must be made in accordance with §66.75 of this title (relating to Updates to Adopted Instructional Materials).</content><note type="source"><p>Source Note: The provisions of this §66.43 adopted to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.63"><num value="66.63">§66.63</num><heading>Report of the Commissioner of Education</heading><content>(a) State review panels appointed by the commissioner of education shall review all instructional materials submitted for consideration for adoption. The commissioner shall prepare a preliminary report on instructional materials under consideration for adoption that includes the following:(1) the findings of the review panels regarding Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) and English language proficiency standards (ELPS) coverage; and(2) alleged factual errors identified by state review panels.(b) The preliminary report will be provided to publishers participating in the review process. According to the schedule of adoption procedures, a publisher with a product that meets one of the criteria in subsection (d) of this section shall be given an opportunity for a show-cause hearing if the publisher elects to protest the commissioner's preliminary report.(c) The show-cause hearing is a formal opportunity for a publisher to present evidence that the preliminary report does not accurately reflect the extent to which the content provided to the state review panels addresses the required TEKS or TPG and/or designated ELPS. The show-cause hearing is not a forum to address complaints alleging procedural irregularities or violations of statutes or rules.(d) To be eligible for a show-cause hearing, a product must meet the requirements of §66.41(b) of this title (relating to Adding Content During the Panel Review) regarding eligibility to provide new content and, upon completion of the final review, be identified as meeting:(1) at least 95% of the TEKS or TPG coverage percentage indicated by the publisher on the correlation document for that product; or(2) less than 50% of the TEKS or TPG for the subject and grade for which the product is intended and/or less than 100% of the ELPS designated for the subject and grade for which the product is intended.(e) Upon the conclusion of the period of time designated for show-cause hearings, the commissioner shall submit to the State Board of Education (SBOE) a final report regarding TEKS or TPG and ELPS coverage, alleged factual errors identified by either the publisher or the review panel, and information regarding whether a publisher on the list has refused to rebid instructional materials according to §66.72 of this title (relating to Contracts).</content><note type="source"><p>Source Note: The provisions of this §66.63 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective March 13, 2014, 39 TexReg 1709; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.66"><num value="66.66">§66.66</num><heading>Consideration and Adoption of Instructional Materials by the State Board of Education</heading><content>(a) The State Board of Education (SBOE) shall either adopt or reject each submitted instructional material in accordance with the Texas Education Code (TEC), §31.024.(b) The SBOE shall adopt instructional materials in accordance with the TEC, §31.023. Instructional materials may be adopted only if:(1) they meet at least 50% of the Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) when the SBOE calls for materials as specified in §66.27(c)(1) of this title (relating to Proclamation, Public Notice, and Schedule for Adopting Instructional Materials) or meet requirements of the proclamation when the SBOE calls for materials as specified in §66.27(c)(2) or (3) of this title for the subject and grade level or course(s) in materials designed for student use and materials designed for teacher use. In determining the percentage of the TEKS or TPG covered by instructional materials, each student expectation shall count as an independent element of the TEKS or TPG;(2) the publisher has agreed to ensure that they meet the established physical specifications adopted by the SBOE prior to making materials available for use in districts;(3) the publisher has agreed to ensure that they follow the Web Content Accessibility Guidelines (WCAG) and technical specifications of the Federal Rehabilitation Act, Section 508, as specified in the proclamation;(4) they are free from factual errors, including significant grammatical or punctuation errors that have been determined to impede student learning or that make the product of a quality not acceptable in Texas public schools, or the publisher has agreed to correct any identified factual errors or grammatical or punctuation errors that have been determined to impede student learning, prior to making them available for use in districts and charter schools;(5) they are deemed to be suitable for the subject area and grade level;(6) they have been reviewed by academic experts in the subject and grade level; and(7) they receive approval by majority vote of the SBOE.(c) No instructional material may be adopted that contains content that clearly conflicts with the stated purpose of the TEC, §28.002(h).(d) Instructional materials submitted for review may be rejected by majority vote of the SBOE in accordance with the TEC, §31.024.(e) Instructional materials the board determines that, based on the initial review, contain extensive errors and make a product of a quality not acceptable in Texas public schools are not determined to be free from factual errors.(f) A publisher may withdraw from the adoption process at any time prior to execution of a contract with the SBOE for any reason by providing notification in writing to the commissioner of education. Notification of withdrawal is final and irrevocable.(g) The commissioner may remove materials from the adopted list if the publisher fails to meet deadlines established in the schedule of adoption procedures.</content><note type="source"><p>Source Note: The provisions of this §66.66 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective September 1, 1997, 22 TexReg 3779; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective March 13, 2014, 39 TexReg 1709; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.67"><num value="66.67">§66.67</num><heading>Adoption of Open Education Resource Instructional Materials</heading><content>(a) "Open education resource instructional material" means teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that allows for free use, reuse, modification, and sharing with others, including full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge.(b) The State Board of Education (SBOE) shall place open education resource instructional materials submitted for a secondary-level course on the adopted list if the instructional materials meet the criteria outlined in subsections (c) and (d) of this section.(c) Open education resource instructional materials referenced in this section must be:(1) submitted by an eligible institution, defined as a public institution of higher education that is designated as a research university or emerging research university under the Texas Higher Education Coordinating Board's accountability system, or a private university located in Texas that is a member of the Association of American Universities, or a public technical institute, as defined by the TEC, §61.003;(2) intended for a secondary-level course; and(3) written, compiled, or edited primarily by faculty of an eligible institution that specializes in the subject area of the instructional materials.(d) To submit open education resource instructional materials, an eligible institution must:(1) certify by the board of regents, or corresponding governing body, or president of the university, or by an individual authorized by one of these entities, that the instructional materials qualify for placement on the adopted list based on the extent to which the instructional materials cover the essential knowledge and skills identified under the TEC, §28.002;(2) identify each contributing author;(3) provide certification by the appropriate academic department of the submitting institution that the instructional materials are accurate; and(4) certify that:(A) for instructional materials for a senior-level course, a student who successfully completes a course based on the instructional materials will be prepared, without remediation, for entry into the eligible institution's freshman-level course in that subject; or(B) for instructional materials for a junior-level and senior-level course, a student who successfully completes the junior-level course based on the instructional materials will be prepared for entry into the senior-level course.(e) All information and certifications required by subsection (d) of this section shall be provided in a format designated by the commissioner of education.(f) A publisher that offers open education resource instructional materials must provide a report for each electronic component that verifies that the component substantially follows Web Content Accessibility Guidelines (WCAG) and technical standards required by the Federal Rehabilitation Act, Section 508, as applicable. Specific standards that must be met will be specified in each proclamation.(g) Before placing open education resource instructional materials submitted under subsection (b) of this section on the adopted list, the SBOE shall direct the Texas Education Agency (TEA) to post the materials on the TEA website for 60 days to allow for public comment and the SBOE shall hold a public hearing on the instructional materials. Public comment shall be provided to members of the SBOE and posted on the TEA website within five working days of its receipt.(h) Not later than the 90th day after the date open education resource instructional materials are submitted as provided by the TEC, §31.0241, the SBOE may review the instructional materials. The SBOE:(1) may request an independent review that follows the same process used in §66.36 of this title (relating to State Review Panels: Training, Duties, and Conduct) to confirm the content meets the criteria for placement on the adopted list based on the extent to which the instructional materials cover the essential knowledge and skills. The SBOE shall notify the submitting institution of any discrepancy in alignment with essential knowledge and skills;(2) shall post with the list adopted under the TEC, §31.023, comments made by the SBOE regarding the open education resource instructional materials placed on the list; and(3) shall distribute SBOE comments to school districts.</content><note type="source"><p>Source Note: The provisions of this §66.67 adopted to be effective April 27, 2010, 35 TexReg 3257; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.72"><num value="66.72">§66.72</num><heading>Contracts</heading><content>(a) The state contract shall not be changed or modified without approval of the Texas Education Agency (TEA) legal counsel.(b) Contracts shall be sent to the publishers for signature. Signed contracts returned by the publishers shall be signed by the chair of the State Board of Education (SBOE) and attested to by the commissioner of education. Properly signed and attested contracts shall be filed with the TEA.(c) The publisher of instructional materials adopted by the SBOE shall:(1) enter into a contract with the SBOE for a term not to exceed eight years and that ends at the same time as any contract entered into by the SBOE for other instructional materials for the same subject and grade level; and(2) commit to provide the instructional materials in the manner specified by the publisher in the official bid specified in §66.28(f) of this title (relating to Requirements for Publisher Participation).(d) A publisher of adopted materials may add post-contractual bids to its contract in response to identified needs of districts.(e) The commissioner shall annually review contracts for instructional materials and identify those that should be renewed.(f) The SBOE shall renew existing contracts upon determining that the renewal would be in the best interest of the state and after considering the following factors:(1) placement of subject areas in the review and adoption cycle;(2) availability and projected cost of new instructional materials;(3) willingness of publishers to renew contracts; and(4) cost of instructional materials under a renewal contract.(g) Publishers awarded new contracts shall be prepared to make the adopted instructional materials available for at least one extended contract period of not more than four years at prices that are mutually agreeable to publishers and to the commissioner. The SBOE may consider refusing to award future contracts to a publisher that, after receiving written notice to do so, refuses to rebid instructional materials at least one time. Failure of a publisher to negotiate an acceptable price for an extended contract shall not be considered failure to rebid instructional materials.(h) Contracts with publishers are subject to all provisions of the Texas Education Code (TEC), Chapter 31.(i) The SBOE may execute a contract for the printing of open education resource instructional materials on the adopted list that allows a school district or an open-enrollment charter school to requisition printed copies of open education resource instructional materials as provided by the TEC, §31.103.</content><note type="source"><p>Source Note: The provisions of this §66.72 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective August 15, 1999, 24 TexReg 5699; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.73"><num value="66.73">§66.73</num><heading>Delivery of Adopted Instructional Materials</heading><content>(a) Each publisher is required to have adopted instructional materials in stock and available for distribution to school districts throughout the entire adoption period. A back order is defined as adopted instructional material not in stock when ordered and not available for delivery to school districts or open-enrollment charter schools on the specified shipment date. Upon request, the commissioner of education shall report the number of back-ordered materials by publisher to the State Board of Education (SBOE).(b) Each publisher shall guarantee delivery of instructional materials at least ten business days before the opening day of school of the year for which the instructional materials are ordered if the instructional materials have been ordered by a date specified in the publisher's contract with the Texas Education Agency.(c) Each publisher with instructional materials on back order shall notify affected school districts of the expected ship dates for each title on back order.</content><note type="source"><p>Source Note: The provisions of this §66.73 adopted to be effective May 5, 2016, 41 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.75"><num value="66.75">§66.75</num><heading>Updates to Adopted Instructional Materials</heading><content>(a) A publisher may submit a request to the commissioner of education for approval to update content in state-adopted instructional materials. A publisher requesting approval of a content update shall provide a written request in a manner designated by the commissioner that includes an explanation of the reason for the update. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. The request must be accompanied by an electronic sample of the proposed updates. Proposed changes shall be posted on the Texas Education Agency (TEA) website for a minimum of seven calendar days prior to approval.(b) A publisher that requests to update content in state-adopted instructional materials must comply with the following additional requirements:(1) provide that there will be no additional cost to the state;(2) certify in writing that the new material meets the applicable essential knowledge and skills and is free from factual errors; and(3) certify that the updates do not affect the product's coverage of Texas Education Code (TEC), §28.002(h), as it relates to that specific subject and grade level or course(s), understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage.(c) With prior commissioner approval, publishers may, at any time, make changes that do not affect the product's Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) coverage or its coverage of Texas Education Code, §28.002(h).(1) Requests for approval of updates to content that was not used in determining the product's eligibility for adoption must be submitted to the commissioner prior to their introduction into state-adopted instructional materials to confirm that the changes do not affect TEKS or TPG coverage or coverage of TEC, §28.002(h).(2) Responses from the commissioner to update requests shall be provided within 30 days after receipt of the request. If no action has been taken by the end of the 30 days, the request is deemed approved.(d) All requests for updates involving content used in determining the product's eligibility for adoption must be approved by the State Board of Education (SBOE) prior to their introduction into state-adopted instructional materials. Requests must be submitted in a format designated by the commissioner and must include correlations to applicable student expectations. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. Proposed changes shall be posted on the TEA website for a minimum of seven calendar days prior to approval. The SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to such content in state-adopted instructional materials prior to delivery of the materials to school districts.(e) Publishers must agree to supply the previous version of state-adopted instructional materials to school districts that choose to continue using the previous version during the duration of the original contract. This subsection does not apply to electronic instructional materials.(f) A publisher of instructional materials may provide alternative formats for use by school districts if:(1) the content is identical to SBOE-approved content;(2) the alternative formats include the identical revisions and updates as the original product; and(3) the cost to the state and school is equal to or less than the cost of the original product.(g) Alternative formats may be developed and introduced at any time during the adoption cycle in conformance with the procedures for adoption of other state-adopted materials.(h) Publishers must notify the commissioner in writing if they are providing SBOE-approved products in alternative formats.(i) Publishers are responsible for informing districts of the availability of the alternative formats and for accurate fulfillment of orders for them.(j) The commissioner may add alternative formats of SBOE-approved products to the list of adopted products available to school districts.(k) Publishers of SBOE-adopted instructional materials may, at any time, without seeking approval from the SBOE or the commissioner, make technical enhancements or improvements that do not add or change content, provided the enhancements do not change the technical requirements for districts to continue to be able to access the materials in the same manner as originally submitted.(l) The commissioner may provide an opportunity for publishers to submit updated content and new correlations to that content to update the product's official TEKS or TPG coverage percentage. The commissioner shall post an annual schedule of review procedures on the agency website to provide publishers with adequate notice of review timelines. The updated content shall be reviewed by state review panels during the next available state review panel meeting in accordance with the annual schedule of review procedures. Following the review, the commissioner shall provide a report to the SBOE that includes the following:(1) the findings of the review panels regarding the TEKS or TPG coverage as provided in the updated content; and(2) alleged factual errors in the updated content identified by state review panels.(m) The SBOE shall either accept or reject each updated TEKS or TPG coverage percentage and errors report in accordance with §66.66 of this title (relating to Consideration and Adoption of Instructional Materials by the State Board of Education). An updated TEKS alignment determination is considered final, pursuant to TEC, §31.023(a-1).</content><note type="source"><p>Source Note: The provisions of this §66.75 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective August 15, 1999, 24 TexReg 5699; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 21, 2014, 39 TexReg 3855; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.76"><num value="66.76">§66.76</num><heading>New Editions of Adopted Instructional Materials</heading><content>(a) A publisher may submit a request to the commissioner of education for approval to substitute a new edition of state-adopted instructional materials. A publisher requesting approval of a new edition shall provide a written request in a manner designated by the commissioner that includes an explanation of the reason for the substitution. The request must be accompanied by an electronic sample and a correlation document that meets all the requirements of the correlation document provided for the initial review. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. Proposed changes shall be made available for public review on the Texas Education Agency (TEA) website for a minimum of 60 calendar days prior to approval.(b) A publisher that requests to substitute a new edition of state-adopted instructional materials must comply with the following additional requirements:(1) provide that there will be no additional cost to the state;(2) certify in writing that the new material meets the applicable Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) and is free from factual errors; and(3) certify that the updates in the new edition do not affect the product's coverage of Texas Education Code (TEC), §28.002(h), as it relates to that specific subject and grade level or course(s), understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage.(c) With prior commissioner approval, publishers may, at any time, substitute a new edition if the changes made to the new edition do not affect the product's TEKS coverage or its coverage of TEC, §28.002(h).(1) Substitution requests to content that was not used in determining the product's eligibility for adoption must be submitted to the commissioner to confirm the changes do not affect TEKS coverage or coverage of TEC, §28.002(h).(2) Responses from the commissioner to update requests shall be provided within 60 days after receipt of the request. If no action has been taken by the end of the 60 days, the request is deemed approved.(3) Proposed changes shall be posted on the TEA website for a minimum of 60 days prior to approval.(d) All requests for updates involving content used in determining the product's eligibility for adoption must be approved by the State Board of Education (SBOE) prior to their introduction into state-adopted instructional materials. Requests must be submitted in a format designated by the commissioner and must include correlations to applicable student expectations. The SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to such content in state-adopted instructional materials prior to delivery of the materials to school districts.(e) Publishers must agree to supply the previous version of state-adopted instructional materials to school districts that choose to continue using the previous version during the duration of the original contract. This subsection does not apply to electronic instructional materials.</content><note type="source"><p>Source Note: The provisions of this §66.76 adopted to be effective March 24, 2020, 45 TexReg 1989.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scB/s66.81"><num value="66.81">§66.81</num><heading>Ancillary Materials</heading><content>(a) Ancillary materials are defined as materials that a publisher plans to provide to school districts and open-enrollment charter schools free with their order of instructional materials from the list of adopted materials. Ancillaries are not evaluated in the review process and are not used to verify Texas essential knowledge and skills or Texas Prekindergarten Guidelines coverage. A publisher of adopted instructional materials shall provide any ancillary item free of charge to the same extent that the publisher provides the item free of charge to any state, public school, or school district in the United States. Any ancillary material may be part of a bundled package of materials, but each component of that package must be available for purchase individually.(b) The State Board of Education may impose a reasonable administrative penalty not to exceed $5,000 against a publisher or manufacturer that knowingly violates subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §66.81 adopted to be effective March 13, 2014, 39 TexReg 1709; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 24, 2020, 45 TexReg 1989.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c66/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL MATERIALS</heading><section identifier="/us/state/tx/tac/t19/p2/c66/scBB/s66.1113"><num value="66.1113">§66.1113</num><heading>Requirements for State-Developed Open-Source Instructional Materials</heading><content>(a) The commissioner of education may purchase state-developed open-source instructional materials in accordance with the Texas Education Code (TEC), §31.071. The purchase shall be through a competitive process.(b) State-developed open-source instructional materials must be irrevocably owned by or licensed to the state for use in the applicable subject and grade level.(c) The state must have unlimited authority to modify, delete, combine, or add content to the open-source instructional materials after purchase.(d) State-developed open-source instructional materials must be created using the industry-standard software specified in the request for state-developed open-source instructional materials.(e) The state must be given access to digital files necessary for content modification of the state-developed open-source instructional materials.(f) Publishers of state-developed open-source instructional materials shall submit to the Texas Education Agency (TEA) a signed affidavit, including the following:(1) certification that each individual whose name is listed as an author or contributor of a state-developed open-source instructional material contributed to the development of the material; and(2) a general description of each author's or contributor's involvement in the development of the material.(g) Publishers may not submit state-developed open-source instructional materials that have been authored by a current employee of the TEA.(h) Following the revision of Texas essential knowledge and skills (TEKS) by the State Board of Education (SBOE), the commissioner shall require the revision of state-developed open-source instructional materials relating to those TEKS. The commissioner shall use a competitive process to request proposals to revise state-developed open-source instructional materials.(i) The commissioner may, at any time, require the revision of a state-developed open-source instructional material for a period not to exceed the period under the TEC, §31.022, for which an instructional material for that subject and grade level may be adopted.(j) The review of revised state-developed open-source instructional materials shall have the same requirements and occur according to the same process as new state-developed open-source instructional materials.(k) Notwithstanding Subchapter A of this chapter (relating to General Provisions), the SBOE may assess an administrative penalty under the TEC, §31.151, for a violation based upon an instructional material adopted by the commissioner under this subchapter.(l) A publisher of instructional materials under this subchapter shall file a register of contacts in the same manner provided under §66.4 of this title (relating to Requirement for Registers) for a publisher of instructional materials adopted through a proclamation.</content><note type="source"><p>Source Note: The provisions of this §66.1113 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scBB/s66.1115"><num value="66.1115">§66.1115</num><heading>Cost and Distribution of State-Developed Open-Source Instructional Materials</heading><content>(a) State-developed open-source instructional materials shall be provided free of cost to Texas public schools and open-enrollment charter schools.(b) The commissioner of education may choose to provide a license to use state-developed open-source instructional material to entities other than Texas public schools and open-enrollment charter schools.(c) The commissioner shall determine the cost to an entity other than a Texas school district or an open-enrollment charter school for state-developed open-source instructional materials. In determining that cost, the commissioner shall consider state expenses associated with the instructional materials, including expenses incurred by the state in soliciting, evaluating, revising, and purchasing the open-source instructional materials.(d) State-developed open-source instructional materials shall be distributed electronically to school districts, open-enrollment charter schools, and entities that choose to purchase them in a manner to be determined by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §66.1115 adopted to be effective May 8, 2017, 42 TexReg 2405.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c66/scC"><num value="C">SUBCHAPTER C</num><heading>LOCAL OPERATIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c66/scC/s66.101"><num value="66.101">§66.101</num><heading>Sample Copies of Instructional Materials for School Districts</heading><content>(a) According to the schedule of adoption procedures, a publisher shall provide each school district and open-enrollment charter school with information that fully describes instructional materials submitted for adoption. Descriptive information provided to each school district or open-enrollment charter school shall be identical to the descriptive information provided to the Texas Education Agency and education service centers.(b) Upon request by the instructional materials coordinator of a school district or open-enrollment charter school, a publisher shall provide one complete electronic sample in an open file format or closed format of adopted instructional materials. Samples of learning systems and electronic, visual, or auditory media may be provided in demonstration or representative format. Samples of instructional materials provided to school districts shall be labeled "Sample Copy - Not for Classroom Use." Samples to schools are not required for materials submitted for midcycle review, as specified in §66.27 of this title (relating to Proclamation, Public Notice, and Schedule for Adopting Instructional Materials).(c) Samples supplied to school districts shall be provided and distributed at the expense of the publisher. No state or local funds shall be expended to purchase, distribute, or ship sample materials. Publishers may make arrangements with school districts or open-enrollment charter schools to retrieve samples after local selections are completed, but the state does not guarantee return of sample instructional materials.</content><note type="source"><p>Source Note: The provisions of this §66.101 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective February 7, 2002, 27 TexReg 746; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scC/s66.104"><num value="66.104">§66.104</num><heading>Selection of Instructional Materials by School Districts</heading><content>(a) Each local board of trustees of a school district or governing body of an open-enrollment charter school shall select instructional materials in an open meeting as required by Texas Government Code, Chapter 551, including public notice.(b) A school district or an open-enrollment charter school may requisition instructional materials on the list adopted under the Texas Education Code, §31.023, for grades above the grade level in which the student is enrolled.(c) Adopted instructional materials shall be supplied to a student in special education classes as appropriate to the level of the student's ability and without regard to the grade for which the instructional material is adopted or the grade in which the student is enrolled.(d) School districts or open-enrollment charter schools shall not be reimbursed from state funds for expenses incurred in local handling of instructional materials.</content><note type="source"><p>Source Note: The provisions of this §66.104 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective March 4, 2001, 26 TexReg 1706; amended to be effective February 7, 2002, 27 TexReg 746; amended to be effective October 12, 2006, 31 TexReg 8358; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scC/s66.105"><num value="66.105">§66.105</num><heading>Certification by School Districts</heading><content>(a) Prior to the beginning of each school year, each school district and open-enrollment charter school shall submit to the State Board of Education (SBOE) and commissioner of education certification that for each subject in the required curriculum under the Texas Education Code, §28.002, other than physical education, and each grade level, the district or charter school provides each student with instructional materials that cover all elements of the essential knowledge and skills adopted by the SBOE. The certification shall be submitted in a format approved by the commissioner and can be based on both state-adopted and non-state-adopted materials.(b) Each school district or open-enrollment charter school shall certify, in a format approved by the commissioner, that the district or charter school protects against access to obscene or harmful content in compliance with the requirements for certification under the Children's Internet Protection Act, 47 USC §254(h)(5)(B) and (C).(c) The certifications shall be ratified by local school boards of trustees or governing bodies in public, noticed meetings.</content><note type="source"><p>Source Note: The provisions of this §66.105 adopted to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective October 16, 2022, 47 TexReg 6580.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scC/s66.107"><num value="66.107">§66.107</num><heading>Local Responsibility</heading><content>(a) Each school district or open-enrollment charter school shall conduct an annual physical inventory of all currently adopted instructional materials that have been requisitioned by, and delivered to, the district. The results of the inventory shall be recorded in the district's files.(b) All instructional materials owned by the district or charter school must be turned in to the school at the end of the school year or when a student withdraws from school.(c) The board of trustees of a school district or governing body of a charter school may not require an employee of the district or charter school to pay for instructional materials or instructional technology that is stolen, misplaced, or not returned by a student.(d) The board of trustees of a school district shall require the employee responsible for ordering instructional materials to complete Texas Education Agency-developed training in the use of the technology and instructional materials allotment and the use of the instructional materials ordering system known as EMAT. Training shall be completed prior to ordering instructional materials for the first time and again each time the district or charter school is notified by the Texas Education Agency that the training has been updated. The school district or charter shall maintain documentation of the completion of the required training.</content><note type="source"><p>Source Note: The provisions of this §66.107 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective September 1, 1998, 23 TexReg 7779; amended to be effective February 7, 2002, 27 TexReg 746; amended to be effective October 12, 2006, 31 TexReg 8358; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c66/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING INSTRUCTIONAL MATERIALS AND TECHNOLOGY ALLOTMENT</heading><section identifier="/us/state/tx/tac/t19/p2/c66/scCC/s66.1309"><num value="66.1309">§66.1309</num><heading>High Enrollment Growth Adjustment</heading><content>(a) From the biennial instructional materials fund, the commissioner of education shall set aside an amount not to exceed $10 million for each year of the biennium to make high-enrollment-growth adjustments for school districts and open-enrollment charter schools that experience the highest enrollment growth from the previous year.(b) High-enrollment-growth adjustments will be based on the difference between the school district's or open-enrollment charter school's percentage of enrollment growth and that of the state. Enrollment growth calculations will be determined each fiscal year based on fall Texas Student Data System Public Education Information Management System enrollment data.(c) The amount of the adjustment determined by the commissioner is final and may not be appealed.(d) If sufficient instructional materials funds are available, high-enrollment-growth adjustments will be granted once each fiscal year.(e) The per-student high-enrollment-growth adjustment granted in the second year of a biennium shall not exceed one-half of the per-student amount established as the biennial instructional materials and technology allotment.(f) Notwithstanding subsection (d) of this section, a school district or an open-enrollment charter school that experiences an unexpected growth of at least two percent due to a natural or man-made disaster or catastrophic event may apply to the commissioner for additional allotment funding at any time during a fiscal year. Any additional funding will be dependent on the availability of funds.(g) Notwithstanding subsection (d) of this section, a school district or an open-enrollment charter school that experiences an unexpected growth in its bilingual population of at least 10 percent in any school year may apply to the commissioner for additional bilingual allotment funding at any time during a fiscal year. Any additional funding will be dependent on the availability of funds.</content><note type="source"><p>Source Note: The provisions of this §66.1309 adopted to be effective May 8, 2017, 42 TexReg 2405; amended to be effective November 2, 2021, 46 TexReg 7404.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scCC/s66.1310"><num value="66.1310">§66.1310</num><heading>Acceptable Condition of Instructional Materials and Technological Equipment</heading><content>(a) Printed instructional materials are considered to be in acceptable condition if:(1) the cover, binding, pages, spine, and all integral components of the instructional materials are wholly intact and the instructional materials are fully usable by students; and(2) no component of the instructional materials is soiled, torn, or damaged (whether intentionally or by lack of appropriate care) to the extent that any portion of the content is too disfigured or obscured to be fully accessible to students.(b) Electronic instructional materials are considered to be in acceptable condition if:(1) all components or applications that are a part of the electronic instructional materials are returned;(2) the electronic instructional materials perform as they did when they were new;(3) the electronic instructional materials do not contain computer code (e.g., bug, virus, worm, or similar malicious software) that has been designed to self-replicate, damage, change, or otherwise hinder the performance of any computer's memory, file system, or software; and(4) the electronic instructional materials have not been installed with plug-ins, snap-ins, or add-ins without the prior approval of the school district or open-enrollment charter school.(c) Technological equipment is considered to be in acceptable condition if:(1) the equipment is returned with the software and hardware in their original condition unless the school district or open-enrollment charter school authorized changes; and(2) the physical condition of the equipment is fully usable as it was originally intended to be used.</content><note type="source"><p>Source Note: The provisions of this §66.1310 adopted to be effective May 8, 2017, 42 TexReg 2405.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scCC/s66.1311"><num value="66.1311">§66.1311</num><heading>Special Instructional Materials</heading><content>(a) All laws and rules applying to instructional materials provided to students with no disabilities that are not in conflict with the Texas Education Code, §31.028, or this section shall apply to the distribution and control of special instructional materials.(b) Special instructional materials include braille, large-print, and audio books and any other formats designed specifically to provide equal access to students with disabilities.(c) Requisitions for special instructional materials shall be based on actual student enrollment but may include up to two copies per student if necessary to meet individual needs.(d) Special instructional materials are the property of the state. School districts and open-enrollment charter schools are responsible for replacing or reimbursing the state for lost, stolen, or damaged special instructional materials.(e) Publishers shall grant permission to the state to have adopted instructional materials converted into special instructional materials without penalty or royalty.(f) On or before the deadline specified in the schedule of adoption procedures, each publisher of newly adopted print instructional materials shall provide computerized files to the state as specified in the proclamation to be used for producing special instructional materials. All information contained in adopted instructional materials shall be included on the computerized files. Computerized files may be copied and distributed to school districts, upon request, for use with a student who requires the use of computerized instructional materials, pursuant to an individualized plan developed for the student under the Rehabilitation Act, §504, the Americans with Disabilities Act, or the Individuals with Disabilities Education Act.(g) Gifts of special instructional materials may be accepted by the commissioner of education and shall become state property. Gift materials may be shipped by Free Matter for the Blind and Other Physically Handicapped Persons to the Special Textbook Redistribution Center or other location designated by the TEA.(h) Adopted instructional materials needed by a Texas public school teacher with a print disability to carry out his or her instructional duties shall be furnished in the required format without cost. The materials are to be loaned to the public school districts as long as needed and are to be returned to the state when they are no longer needed.(i) Large-print instructional materials intended for student use must comply with the standards in the latest edition of the Manufacturing Standards and Specifications for Textbooks.(j) Adopted instructional materials in a specialized format that are requested by a parent with a print disability shall be furnished without cost by the state. Requests for electronic files will be filled by the TEA after the parent signs and the TEA receives a statement, through the appropriate school district, promising that the parent will safeguard the security of the files and observe all current copyright laws, including those that forbid reproduction of the files and their transfer to other parties. All special instructional materials and electronic files that have been provided must be returned to the local school district at the end of the school year.(k) Adopted instructional materials that are not compliant with the technical standards of the Federal Rehabilitation Act, Section 508, or do not conform to the Web Content Accessibility Guidelines required in the proclamation will be removed from the state ordering system and will not be available for order through the TEA.(l) Producers that enter into a contract with the TEA for the production and distribution of special instructional materials shall provide them to students with disabilities at the same time other students in the same school district receive print instructional materials.</content><note type="source"><p>Source Note: The provisions of this §66.1311 adopted to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 12, 2014, 39 TexReg 3704; amended to be effective May 8, 2017, 42 TexReg 2405; amended to be effective November 2, 2021, 46 TexReg 7404.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scCC/s66.1312"><num value="66.1312">§66.1312</num><heading>Delayed Publisher Payment Option</heading><content>(a) A school district or an open-enrollment charter school may requisition and receive state-adopted instructional materials before instructional materials and technology allotment funds for those materials are available.(b) The total cost of delayed-payment-option materials requisitioned by a school district or an open-enrollment charter school may not exceed 80% of the district's or charter school's expected allotment for the subsequent biennium.(c) When a school district or an open-enrollment charter school submits a requisition for instructional materials under this section, the Texas Education Agency (TEA) will expend a district's or charter school's existing allotment balance before applying the delayed payment option.(d) The TEA will make payment for any remaining balance for a school district's or an open-enrollment charter school's order under this section as the allotment funds become available.(e) The TEA will prioritize payment for requisitions under this section over reimbursement of purchases made directly by a school district or an open-enrollment charter school.(f) Publishers may decline orders for which payments could be delayed. A publisher's decision to decline an order under this section shall affect all of that publisher's orders for which payments could be delayed. Publishers may not selectively decline individual orders or orders from individual school districts or open-enrollment charter schools.(g) Texas Government Code, Chapter 2251, does not apply to requisitions placed under this section.(h) Texas Education Code, §31.151, does apply to orders placed under this section.</content><note type="source"><p>Source Note: The provisions of this §66.1312 adopted to be effective May 8, 2017, 42 TexReg 2405; amended to be effective November 2, 2021, 46 TexReg 7404.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c66/scDD"><num value="DD">SUBCHAPTER DD</num><heading>INSTRUCTIONAL MATERIALS PORTAL</heading><section identifier="/us/state/tx/tac/t19/p2/c66/scDD/s66.1401"><num value="66.1401">§66.1401</num><heading>Definitions</heading><content>For purposes of this subchapter, the following words and terms shall have the following meanings.(1) Classroom set--This term refers to the components of an instructional material, including, but not limited to, the Texas Essential Knowledge and Skills-bearing components sufficient for use by a teacher and 25 students.(2) Inclusion--This term means the presentation or display of instructional materials, open education resources (OERs), and related information in the instructional materials portal or on other websites where information is publicly available to which the instructional materials portal links.(3) Instructional materials--This term has the meaning assigned by Texas Education Code (TEC), §31.002(1), and §66.27(a) of this title (relating to Proclamation, Public Notice, and Schedule for Adopting Instructional Materials).(4) Open education resource--This term has the meaning assigned by TEC, §31.002(1-a) and §31.083.(5) Open education resource submission form--This term refers to a document generated and approved by the Texas Education Agency (TEA) on which an OER licensor, a publisher, or TEA records information required for submission of OERs to the repository.(6) Open education resource submission process--This term refers to the procedures followed by an OER licensor, a publisher, or TEA when submitting OERs to the OER repository in the instructional materials portal.(7) OER licensor--This term means the individual or entity that offers an OER under the terms of an intellectual property license as specified in TEC, §31.083. Publishers and TEA may be OER licensors.(8) Professional development services--This term means the training and instruction provided by a publisher or its designee or an OER licensor for the purpose of teaching teachers and other educators how to use the publisher's or OER licensor's instructional materials.(9) Publisher--This term means the developer or distributor of instructional materials and has the meaning assigned by TEC, §31.002(2).(10) Evaluation of quality--This term refers to the independent analysis of instructional materials based on their quality. This includes the option to assign a summative quality rating to the materials for publication in the instructional materials portal.(11) Evaluation of quality submission form--This term refers to a document generated and approved by TEA in which publishers record information required for submission of instructional materials for an evaluation of quality (EoQ).(12) Evaluation of quality submission process--This term refers to the procedures followed by publishers when submitting instructional materials for an EoQ.</content><note type="source"><p>Source Note: The provisions of this §66.1401 adopted to be effective September 10, 2019, 44 TexReg 4857.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scDD/s66.1403"><num value="66.1403">§66.1403</num><heading>Instructional Materials to be Included in the Instructional Materials Portal</heading><content>(a) Instructional materials may be included in the evaluation of quality (EoQ) process if:(1) a publisher or an open education resource (OER) licensor submits instructional materials through the EoQ submission process;(2) the State Board of Education nominates an instructional material for inclusion in an EoQ; or(3) more than 10% of local education agencies request in a format determined by the Texas Education Agency (TEA) that an instructional material be included in an EoQ.(b) The following instructional materials may be included in the instructional materials web portal:(1) instructional materials submitted by TEA; and(2) OERs submitted directly to TEA through the OER submission process for inclusion in the OER repository. OER materials may not be included in the repository unless:(A) a publisher or other OER licensor submits such materials through the EoQ submission process;(B) TEA submits such materials for which TEA is the OER licensor for the purposes of being reviewed for quality; or(C) the materials are submitted in accordance with subsection (a)(2) or (3) of this section.(c) Instructional materials included in the EoQ process shall be included in the instructional materials portal.(d) TEA may determine the sequence and scheduling of quality reviews based on the following considerations:(1) the availability and allocation of resources for completion of quality reviews;(2) the needs of public schools in Texas;(3) the timing of submission to TEA; and(4) other factors deemed relevant by TEA to maximize the effectiveness of the quality review process.(e) TEA may exclude from the quality review process a submission that does not constitute an instructional material.</content><note type="source"><p>Source Note: The provisions of this §66.1403 adopted to be effective September 10, 2019, 44 TexReg 4857; amended to be effective May 31, 2020, 45 TexReg 3439.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scDD/s66.1405"><num value="66.1405">§66.1405</num><heading>Procedures for Publishers and Open Education Resource Licensors to Submit Instructional Materials for Inclusion in the Instructional Materials Portal</heading><content>(a) A publisher or an open education resource (OER) licensor that submits instructional materials for an evaluation of quality (EoQ) shall:(1) submit a completed Texas Education Agency (TEA)-generated EoQ submission form by the deadline stated in the submission form. TEA may adapt the submission form, as it deems necessary, to develop and maintain the instructional materials web portal;(2) sign a set of assurances at the time of submission assuring compliance with the requirements listed in this subchapter;(3) submit instructional materials that are:(A) in electronic format;(B) complete and include all content to be used in the final product; and(C) fully functional for review purposes;(4) ensure submitted instructional materials remain final and unchanged throughout the quality review process, unless otherwise specified by TEA;(5) make submitted instructional materials available for reviewers for the duration of a review period to be determined by TEA and made known to publishers and OER licensors;(6) include information required for reviewers to complete electronic reviews of instructional materials, including, but not limited to:(A) computer hardware and system requirements for the review of any item included in an instructional material submission; and(B) information for online products, including internet location, keycodes, passwords, and other login information required to ensure access to the materials being reviewed throughout the review period;(7) provide specialized computer hardware or other equipment necessary to use an instructional material as intended by a student and/or teacher. Such equipment will be returned to the publisher or OER licensor at the conclusion of the review period. Such equipment must be provided:(A) for the duration of the review period; and(B) in a quantity to be determined by TEA and communicated to the publisher or OER licensor at the time the materials are submitted for review;(8) provide the following information in a format determined by TEA and communicated to publishers or OER licensors by way of the EoQ submission form regarding the instructional materials submitted:(A) computer hardware and system requirements for use of the materials;(B) availability and description of professional development services;(C) a report for each electronic component that verifies that the component complies with §66.28(a)(2) of this title (relating to Requirements for Publisher Participation), which can be satisfied by a report prepared for submission to the SBOE; and(D) a complete description of all student and teacher components;(9) provide accurate and up-to-date pricing information for each instructional material in a form and format to be determined by TEA and communicated to publishers and OER licensors in the application for submission of materials;(10) make samples of instructional materials available for public review during a review period determined by TEA, as deemed necessary by TEA and made known to publishers or OER licensors by TEA;(11) assume responsibility for all expenses incurred by participation in the review process, as TEA does not guarantee return of sample instructional materials;(12) acknowledge that TEA and its designee have final authority for determining all quality ratings;(13) with the exception of OER licensors, provide evidence in the form of an identification number provided by the Texas Secretary of State proving that the publisher is approved to conduct business in the state of Texas;(14) verify that the publisher or OER licensor is the copyright owner of the instructional materials; and(15) verify that the individual submitting the materials is legally authorized to act on behalf of the publisher or OER licensor.(b) TEA may not include materials in the quality evaluation process if:(1) materials have been authored by a current employee of TEA, unless those materials are open education resources;(2) materials have been authored by the TEA's designated independent evaluator: or(3) reviewers lack capacity to evaluate all submitted materials.(c) Publishers or OER licensors that submit materials for quality evaluation may not withdraw those materials from the review process after the review process is underway as communicated by TEA.(d) This section does not apply to or otherwise limit the submission of instructional materials by TEA for inclusion in the instructional materials portal.(e) Publishers or OER licensors that submit materials for quality evaluation may not directly or indirectly contact reviewers before or during the review process if such contact or solicitation relates to the EoQ process.(f) The TEA may satisfy the requirement set forth in Texas Education Code (TEC), §31.082(a)(2), by:(1) conducting Texas Essential Knowledge and Skills (TEKS) coverage reviews and English Language Proficiency Standards (ELPS) coverage reviews, for subject areas in which ELPS exist, of instructional materials that have been submitted for an EoQ; or(2) using the results of TEKS coverage reviews and ELPS coverage reviews, for subject areas in which ELPS exist, of materials under consideration for adoption under a current proclamation or adopted in a previous proclamation as authorized by TEC, §31.022, and 19 TAC Chapter 66, Subchapter B, of this title (relating to State Adoption of Instructional Materials).</content><note type="source"><p>Source Note: The provisions of this §66.1405 adopted to be effective September 10, 2019, 44 TexReg 4857.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c66/scDD/s66.1407"><num value="66.1407">§66.1407</num><heading>Procedures for Open Education Resource Licensors to Submit Materials for Inclusion in the Open Education Resource Repository</heading><content>An open education resource (OER) licensor that submits OERs for inclusion in the OER repository shall:(1) submit a completed Texas Education Agency (TEA)-generated OER submission form, which TEA may adapt, as it deems necessary, to develop and maintain the OER repository; and(2) sign a set of assurances at the time of submission assuring compliance with the requirements in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §66.1407 adopted to be effective September 10, 2019, 44 TexReg 4857.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c67"><num value="67">CHAPTER 67</num><heading>STATE REVIEW AND APPROVAL OF INSTRUCTIONAL MATERIALS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c67/scAA"><num value="AA">SUBCHAPTER AA</num><heading>INSTRUCTIONAL MATERIALS AND TECHNOLOGY ALLOTMENT</heading><section identifier="/us/state/tx/tac/t19/p2/c67/scAA/s67.1001"><num value="67.1001">§67.1001</num><heading>Instructional Materials and Technology Allotment</heading><content>(a) The commissioner of education shall determine the amount of the Instructional Materials and Technology Allotment for a school district or an open-enrollment charter school based on Texas Student Data System Public Education Information Management System (TSDS PEIMS) student enrollment data from the fall snapshot collection of the school year preceding the first year of each biennium.(b) The commissioner shall determine the amount of the allotment for Texas Juvenile Justice Department facilities.(c) The commissioner shall determine the amount of the allotment for bilingual education based on TSDS PEIMS bilingual enrollment data from the fall collection of the school year preceding the first year of each biennium.(d) The amount of the allotments determined by the commissioner in this section is final and may not be appealed.(e) Allotment funds may be used to pay for:(1) any approved uses outlined in Texas Education Code (TEC), §31.0211(c);(2) formats of instructional materials that are fully accessible to students with disabilities;(3) activities related to the local review and adoption of instructional materials;(4) software for analyzing the use and effectiveness of instructional materials;(5) software for analyzing the appropriateness of instructional materials necessary for the teaching of, instruction in, or demonstration of knowledge of the essential knowledge and skills adopted under TEC, §28.002; and(6) costs associated with complying with TEC, §33.023, relating to parental access to library catalog and access by the parent's child to certain library materials.(f) Allotment funds may not be used to pay for:(1) services for installation;(2) the physical conduit that transmits data, such as cabling and wiring, or electricity;(3) office and school supplies;(4) items that are not directly related to student instruction, such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment;(5) travel expenses;(6) equipment used for moving or storing instructional materials;(7) instructional material that contains obscene or harmful content or would otherwise cause the school district to which the funds were allotted to be unable to submit the certification required under TEC, §31.11011(a)(1)(B); or(8) instructional material that incorporates three-cueing in the phonics curriculum required under TEC, Chapter 28.(g) The allotments for each biennium will be made available for school district and open-enrollment charter school use through the state's online instructional materials ordering system as early as possible in the fiscal year preceding the beginning of the biennium for which the funds have been appropriated.(h) A school district or an open-enrollment charter school may access its allotment funds for an upcoming school year after submitting to the commissioner:(1) certification that the school district or open-enrollment charter school has instructional materials that cover all the required Texas Essential Knowledge and Skills (TEKS), except those for physical education, as required by TEC, §31.1011;(2) certification that the school district or open-enrollment charter school has used its allotment for only the allowable expenditures provided in subsection (e) of this section; and(3) information regarding the instructional materials used by the district during the previous school year, including the cost of each material as required by TEC, §31.1012.(i) Upon completion of the requirements listed in subsection (h) of this section, school districts and open-enrollment charter schools may access their allotment funds by correctly providing all the information required in the state ordering system.(j) Information required in the state ordering system may include verification of TEKS coverage for certain disbursement requests.</content><note type="source"><p>Source Note: The provisions of this §67.1001 adopted to be effective June 8, 2025, 50 TexReg 3244; amended to be effective December 7, 2025, 50 TexReg 7724.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scAA/s67.1003"><num value="67.1003">§67.1003</num><heading>Additional State Aid for State-Approved Instructional Materials</heading><content>(a) The commissioner of education shall determine annually the amount of additional state aid for State Board of Education (SBOE)-approved instructional materials, as outlined in Texas Education Code (TEC), §48.307, for a school district or an open-enrollment charter school based on Texas Student Data System Public Education Information Management System (TSDS PEIMS) student enrollment data from the fall snapshot collection of the current school year.(b) Before TSDS PEIMS student enrollment data from the fall snapshot collection of the current school year is available, a school district or an open-enrollment charter school will have an expected allotment amount that is based on 90% of the TSDS PEIMS student enrollment data from the fall snapshot collection of the previous school year.(c) The Texas School for the Blind and Visually Impaired and the Texas School for the Deaf qualify for this funding under TEC, §30.025 and §30.056, respectively, for funding purposes under TEC, §48.307. (d) Special purpose school districts authorized by the SBOE qualify for this funding. Texas Tech University K-12 and The University of Texas at Austin High School qualify for this funding under TEC, §48.307, for all free public education students. The University of Texas at Rio Grande Valley qualifies under TEC, §79.10(f). Texas A&M International University qualifies for this funding under TEC, §87.505(g). Lamar University qualifies for this funding under TEC, §96.707(k). The University of North Texas qualifies for this funding under TEC, §101.301(e)(3).(e) Windham School District qualifies for this funding under TEC, §19.007(b) and (e), for funding purposes under TEC, §48.307. (f) The Texas Juvenile Justice Department (TJJD) and juvenile justice alternative education programs operated by TJJD do not qualify for this funding under TEC, §48.307.(g) Funds from TEC, §48.307, will be made available for school district and open-enrollment charter school use through the state's online instructional materials ordering system as early as possible each year in the fiscal year for which the funds have been appropriated.(h) The Texas Education Agency (TEA) will make payment for any remaining balance for a school district's or an open-enrollment charter school's order under this section as the TEC, §48.307, funds become available.(i) A school district is entitled to the amount of state aid provided by subsection (a) of this section each school year, regardless of whether the district uses the amount during the school year for which the amount was provided.(j) Texas Government Code, Chapter 2251, does not apply to requisitions placed under this section, per TEC, §31.0215(e).(k) The additional state aid for SBOE-approved instructional materials outlined in TEC, §48.307, may be used to purchase: (1) instructional material products placed on the list of approved materials outlined in TEC, §31.022, including any non-text components of the approved product, such as manipulative kits or digital licenses; or(2) instructional material components from a product on the list of approved materials outlined in TEC, §31.022, only after an initial purchase of all components of the product. (l) SBOE-Approved Instructional Materials Allotment funds may not be used to purchase:(1) instructional material or material components not on the list of approved instructional materials as outlined in TEC, §31.022; (2) instructional material placed on the rejected list of instructional materials; or(3) instructional material that promotes three-cueing as defined in TEC, §28.0062(a-1). (m) Subject to TEA approval, the commissioner may exempt, under TEC, §7.056, a school district or an open-enrollment charter school from an initial purchase of each component of an approved product outlined in subsection (k)(2) of this section if the district or charter school can demonstrate that it already possesses an identical or nearly identical component for each student and/or teacher as indicated by the product design.</content><note type="source"><p>Source Note: The provisions of this §67.1003 adopted to be effective June 8, 2025, 50 TexReg 3244.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scAA/s67.1004"><num value="67.1004">§67.1004</num><heading>Additional State Aid for Open Education Resource Instructional Materials</heading><content>(a) The commissioner of education shall determine the amount of the additional state aid for open education resource (OER) instructional materials for a school district or an open-enrollment charter school based on Texas Student Data System Public Education Information Management System (TSDS PEIMS) student enrollment data from the fall snapshot collection of the current school year.(b) Before TSDS PEIMS student enrollment data from the fall snapshot collection of the current school year is available, a school district or an open-enrollment charter school will have an expected allotment amount that is based on 90% of the TSDS PEIMS student enrollment data from the fall snapshot collection of the previous school year.(c) The Texas School for the Blind and Visually Impaired and the Texas School for the Deaf qualify for this funding under TEC, §30.025 and §30.056, respectively, for funding purposes under TEC, §48.308. (d) Special purpose school districts authorized by the State Board of Education (SBOE) qualify for this funding. Texas Tech University K-12 and The University of Texas at Austin High School qualify for this funding under TEC, §48.308, for all free public education students. The University of Texas at Rio Grande Valley qualifies under TEC, §79.10(f). Texas A&M International University qualifies for this funding under TEC, §87.505(g). Lamar University qualifies for this funding under TEC, §96.707(k). The University of North Texas qualifies for this funding under TEC, §101.301(e)(3). (e) Windham School District qualifies for this funding under TEC, §19.007(b) and (e), for funding purposes under TEC, §48.308. (f) The Texas Juvenile Justice Department (TJJD) and juvenile justice alternative education programs operated by TJJD do not qualify for this funding under TEC, §48.308. (g) Funds may only be used for the costs incurred or for which the district is obligated to pay during the school year in which the aid is provided.(h) Requisitions for funding must be submitted in the online requisition and disbursement system required in TEC, §31.0212(e), before August 31 of the fiscal year in which the aid is provided.(i) The entitlements for each year will be made available for school district and open-enrollment charter school use through the state's online instructional materials ordering system as early as possible in the fiscal year for which the funds have been appropriated.(j) Texas Government Code, Chapter 2251, does not apply to requisitions placed under this section per TEC, §31.0125(e).(k) The additional state aid for OER instructional materials outlined in TEC, §48.308, may be used to purchase: (1) OER instructional material made available under TEC, Chapter 31, Subchapter B-1, and placed on the list of approved materials outlined in TEC, §31.022, including any non-text components of the approved product, such as manipulative kits; and(2) OER instructional material components made available under TEC, Chapter 31, Subchapter B-1, and placed on the list of approved materials outlined in TEC, §31.022, only after an initial purchase of all components of the product. (l) The additional state aid for OER instructional materials outlined in TEC, §48.308, may not be used to purchase or reimburse for:(1) instructional material or material components not on the list of approved instructional materials as outlined in TEC, §31.022; (2) instructional material placed on the rejected list of instructional materials;(3) instructional material that promotes three-cueing as defined in TEC, §28.0062(a-1); or(4) printing of SBOE-approved OER material, which may be otherwise procured through a requisition in EMAT.(m) The commissioner may grant a waiver under TEC, §7.056, to exempt a school district or an open-enrollment charter school from an initial purchase of each component of an approved product outlined in subsection (k)(2) of this section if the district or charter school can demonstrate that it already possesses an identical or near-identical component for each student and/or teacher as indicated by the product design.</content><note type="source"><p>Source Note: The provisions of this §67.1004 adopted to be effective June 8, 2025, 50 TexReg 3244.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c67/scB"><num value="B">SUBCHAPTER B</num><heading>STATE REVIEW AND APPROVAL</heading><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.21"><num value="67.21">§67.21</num><heading>Proclamations, Public Notice, and Requests for Instructional Materials for Review</heading><content>(a) Upon the adoption of revised Texas Essential Knowledge and Skills (TEKS) or Texas Prekindergarten Guidelines (TPG), the State Board of Education (SBOE) shall determine if the extent of the revisions have created a need to remove instructional materials from the list approved under Texas Education Code, §31.022.(b) The SBOE shall issue a proclamation calling for instructional materials if the determination in subsection (a) of this section results in a decision that a proclamation is necessary. The proclamation shall serve as notice to:(1) all publishers to submit instructional material for review for the subject and grade level or course(s); and(2) all publishers with approved instructional materials for the subject and grade level or course(s) that to remain on the list of approved materials, the publisher must submit new or revised materials or new information demonstrating alignment of current instructional materials to the revised TEKS or TPG.(c) The Texas Education Agency shall issue an annual request for instructional materials to notify all publishers and the public that submissions of instructional materials aligned to quality rubrics and the suitability rubric approved by the SBOE are being invited for review.(d) Each proclamation and annual request for instructional materials for review shall contain the following:(1) information about and reference to applicable TEKS, TPG, and English Language Proficiency Standards in each subject for which submissions are being invited;(2) the student enrollment of the courses or grade levels called for, to the extent that it is available, for the school year prior to the year in which the proclamation or annual request for instructional materials is issued;(3) the requirement that a publisher grant electronic access to the instructional materials being submitted that complies to the specifications in the proclamation or annual request for instructional materials for review and may not submit a print copy;(4) specifications for providing computerized files to produce accessible formats of approved instructional materials;(5) specifications for ensuring that electronic instructional materials are fully accessible to students with disabilities; and(6) a schedule of instructional materials review and approval procedures.</content><note type="source"><p>Source Note: The provisions of this §67.21 adopted to be effective March 31, 2024, 49 TexReg 1917.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.23"><num value="67.23">§67.23</num><heading>Requirements for Publisher Participation in Instructional Materials Review and Approval (IMRA)</heading><content>(a) A publisher with approved materials shall comply with product standards and specifications.(b) Publishers participating in the adoption process are responsible for all expenses incurred by their participation.(c) A publisher may not submit instructional materials for review that have been authored or contributed to by a current employee of the Texas Education Agency (TEA). This does not apply to open education resource instructional materials as developed by TEA in accordance with Texas Education Code, Chapter 31, Subchapter B-1.(d) On or before the deadline established in the schedule of approval procedures, publishers shall submit correlations of instructional materials submitted for review in a format designated by the commissioner of education. Correlations shall be provided for materials designed for student use and materials designed for teacher use and include:(1) evidence of coverage of each student expectation, in the context of the lesson, of the Texas Essential Knowledge and Skills or Texas Prekindergarten Guidelines and applicable English Language Proficiency Standards required by the proclamation or the request for instructional materials for review; and(2) evidence of alignment to the quality rubric indicators.(e) On or before the deadline established in the schedule of approval procedures, publishers shall certify that after exercising reasonable efforts, the submitted material complies with suitability standards and all applicable state laws.(f) A publisher that intends to offer instructional materials for review and approval shall comply with additional requirements included in a proclamation or the annual request for instructional materials for review.</content><note type="source"><p>Source Note: The provisions of this §67.23 adopted to be effective March 31, 2024, 49 TexReg 1917.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.25"><num value="67.25">§67.25</num><heading>Consideration and Approval of Instructional Materials by the State Board of Education</heading><content>The State Board of Education (SBOE) shall review the results of the instructional materials reviews completed by a review panel and submitted by the commissioner of education in accordance with Texas Education Code (TEC), §31.022 and §31.023. Instructional materials may be placed on the list of approved instructional materials only if they meet the following criteria:(1) for full-subject and partial-subject tier one instructional materials for foundation subjects as defined by TEC, §28.002(a)(1), the product components cover 100% of the Texas Essential Knowledge and Skills (TEKS) and applicable English Language Proficiency Standards (ELPS) for the specific grade level and subject area when the proclamation or request for instructional materials was issued. In determining the percentage of the TEKS and ELPS covered by instructional materials, each student expectation shall count as an independent element of the standards;(2) for enrichment subjects as defined by TEC, §28.002(a)(2):(A) the product components for full-subject tier one instructional materials cover 100% of the TEKS for the specific grade level and subject area when the proclamation or request for instructional materials was issued. In determining the percentage of the TEKS covered by instructional materials, each student expectation shall count as an independent element of the standards; and(B) the product components for partial-subject tier one instructional materials cover 100% of the applicable TEKS for the specific grade level and subject area when the proclamation or request for instructional materials was issued. The agency will bring recommendations regarding which TEKS are applicable to the SBOE for approval. In determining the percentage of the TEKS covered by instructional materials, each student expectation shall count as an independent element of the standards;(3) for supplemental instructional materials as defined by TEC, §31.002(3), the publisher will indicate which TEKS are applicable, and the product and its components cover 100% of the applicable student expectations in the TEKS for the specific subject or course for which the materials are designed;(4) materials have been reviewed through the process required by TEC, §31.023;(5) materials are free from factual error, defined as a verified error of fact or any error that would interfere with student learning, including significant grammatical or punctuation errors;(6) materials meet the Web Content Accessibility Guidelines (WCAG) and meet the technical specifications of the Federal Rehabilitation Act, Section 508, as specified when a request for instructional materials or proclamation was issued;(7) materials conform to or exceed in every instance the latest edition of the Manufacturing Standards and Specifications for Textbooks (MSST), developed by the State Instructional Materials Review Association, when the proclamation or request for instructional materials was issued;(8) materials are compliant with the suitability standards adopted by the SBOE and are compliant with all applicable state laws; and(9) materials provide access to a parent portal as required by TEC, §31.154.</content><note type="source"><p>Source Note: The provisions of this §67.25 adopted to be effective March 31, 2024, 49 TexReg 1917; amended to be effective February 2, 2025, 50 TexReg 538.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.27"><num value="67.27">§67.27</num><heading>IMRA Reviewers: Eligibility and Appointment</heading><content>(a) All instructional materials review and approval (IMRA) reviewers must complete an application. The application will include a resume and supervisor, if applicable, or another reference contact information and must request any professional associations, affiliations, and groups in a format approved by the State Board of Education (SBOE) chair. SBOE members shall have access to all completed applications in their respective districts.(b) The IMRA reviewer application shall be posted to the SBOE website.(c) An IMRA reviewer may serve as a quality reviewer or as a suitability reviewer.(d) Quality reviewers.(1) IMRA quality reviewers must meet one of the following minimum qualification requirements:(A) educators with three or more years of experience;(B) district or campus personnel who have taught and/or directly supported the grade level(s) and subject area(s) or course(s) for at least three years;(C) professors at an accredited institution of higher education in Texas with at least three years or more experience in the subject area(s) or courses; or(D) persons with evidence of strong content knowledge and experience in the grade level(s) and subject area(s) or course(s).(2) The Texas Education Agency (TEA) may reject a quality reviewer applicant if the candidate does not meet minimum eligibility as outlined in this section with approval of the SBOE member for which the applicant is a district resident. The member has one week to respond to TEA's decision. If the SBOE member approves applicants who were previously rejected by TEA, those applications shall be reinstated to the applicant pool to be rated.(3) All eligible quality reviewer applicants shall be evaluated by TEA staff using the applicants' experience and qualifications rated on a scale of 1-3. The best qualified individuals are ranked 1.(4) Once rated, all eligible quality reviewer applicants are shared with the SBOE member for which the applicant is a district resident.(5) TEA staff provides all quality reviewer applicants and their applications to the SBOE member for which the applicant is a district resident, and the SBOE member may adjust rankings, veto applicants, and/or identify top candidates.(6) The SBOE member has two weeks to return applicants and their rankings to TEA staff. If the SBOE member does not submit a response, TEA staff's ranking shall remain unchanged.(7) IMRA quality reviewers must be approved by the SBOE member for which they are a district resident.(8) If an individual invited to serve on a quality review panel declines the invitation, the relevant SBOE member will select an alternate from the list of candidates within one week. To the extent an SBOE member fails to select an alternate within one week, the top-ranked applicant is deemed selected.(9) In the event TEA does not receive enough applications to fill available roles, TEA may:(A) reduce the size of the review team to no fewer than three reviewers;(B) postpone the review of materials using the SBOE-approved strategy for prioritizing selection of instructional materials for review; or(C) modify the review schedule to allow for additional recruitment efforts.(10) TEA staff shall build quality review panels using top candidates identified from each SBOE district. As final selections are made, TEA may consider the following characteristics to ensure that each individual review panel is balanced and has the necessary qualifications. The guidelines are established to ensure that the work groups are highly qualified, reflect the make-up of the state's educators, and include representation from the following.(A) Experience: highly qualified educators and others with evidence of strong content knowledge and experience in the subject and/or grade level or bands and/or course(s).(B) Position: a variety of positions reflected such as parents, classroom teachers, campus- and district-level administrators/specialists, education service center subject area personnel, representatives from higher education, and community members, including employers.(C) School district size: large, midsize, and small school districts.(D) Demographics: multiple and different racial and ethnic groups and males and females.(E) School district/charter school: a variety of local education agencies are represented, including open-enrollment charter schools.(F) Expertise: if a work group is assigned a grade band, at least one reviewer with experience teaching for each grade level will be prioritized.(11) TEA staff shall maintain a database of individuals who have served on an IMRA review panel during the review process.(12) Applicants are exempt from subsection (a) of this section if they have previously served as an IMRA quality reviewer and received an acceptable performance rating; however, an SBOE member may waive this provision and require all applicants to resubmit their applications in accordance with subsection (a) of this section.(e) Suitability reviewers.(1) Texas residency is a minimum requirement for any IMRA suitability reviewer.(2) Each SBOE member shall annually nominate a minimum of 20 applicants to serve as suitability reviewers and rank them from most preferred to least preferred.(3) A panel for suitability review consists of three reviewers and shall reflect the political affiliation of the membership of the SBOE. No more than one suitability reviewer per panel may be from any one SBOE district.(4) TEA staff shall build suitability review panels using top candidates identified from each SBOE district. As final selections are made, TEA may consider the following characteristics to ensure that each individual review panel is balanced and has the necessary qualifications.(A) Experience: successful participation as a quality or suitability reviewer in a past review.(B) Demographics: multiple and different racial and ethnic groups and males and females.(5) If an individual invited to serve on a review panel declines the invitation, the relevant SBOE member will select an alternate from the list of candidates within one week. To the extent a member fails to select an alternate within one week, the top-ranked applicant is deemed selected.(6) If there are not enough suitability reviewers available for a review cycle, TEA shall request more nominations from each SBOE member. To the extent a member fails to nominate additional candidates within one week, candidates from other SBOE member districts may be considered.(7) If an SBOE member who nominated reviewers no longer holds the office before the start of the annual review, the new SBOE member may nominate different suitability reviewers or adjust their rankings. If the office is vacant, the SBOE chair may nominate different suitability reviewers or adjust their rankings.</content><note type="source"><p>Source Note: The provisions of this §67.27 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.29"><num value="67.29">§67.29</num><heading>IMRA Reviewers: Training, Duties, and Conduct</heading><content>(a) Instructional materials review and approval (IMRA) reviewers shall participate in training that includes at least the following:(1) the responsibilities of an IMRA reviewer;(2) statutes and rules pertaining to the IMRA process;(3) essential knowledge and skills specified for subjects and grades or courses included in the proclamation or request for instructional materials, including clear and consistent guidelines for determining Texas Essential Knowledge and Skills (TEKS), Texas Prekindergarten Guidelines (TPG), or English Language Proficiency Standards coverage within the instructional materials;(4) identifying factual errors;(5) the schedule of IMRA procedures;(6) regulatory requirements, including Texas Government Code, §572.051 (relating to Standards of Conduct), and Texas Penal Code, §36.02 (relating to Bribery); and(7) IMRA quality and suitability rubrics.(b) IMRA reviewers shall not accept meals, entertainment, gifts, or gratuities in any form from State Board of Education (SBOE) members; publishers, authors, or depositories; agents for publishers, authors, or depositories; any person who holds any official position with publishers, authors, depositories, or agents; or any person or organization interested in influencing the selection of instructional materials.(c) IMRA reviewers shall be afforded the opportunity to collaborate with other panel members during the official virtual and face-to-face reviews to discuss coverage of TEKS or TPG, errors, components, or any other aspect of instructional materials being evaluated. Reviewers shall not discuss with other reviewers of the panel the instructional materials being reviewed, except during official virtual and face-to-face reviews.(d) IMRA reviewers shall not discuss instructional materials being evaluated with a member of the SBOE, unions, organizations, or associations or with any party having a financial interest in the approval of instructional materials prior to the conclusion of the review. The review is considered to have concluded on the date that the final list of instructional materials recommended for approval is posted on the SBOE website.(e) SBOE members may attend review panel meetings but may not discuss materials under review with state review panel members.(f) IMRA reviewers shall observe a no-contact period that shall begin upon execution of their contract and end when they are released from their duties. During this period, IMRA reviewers shall not have direct or indirect communication with any person having an interest in the approval process regarding content of instructional materials under evaluation by the panel.(g) The restrictions in subsections (c)-(f) of this section are not intended to prohibit IMRA reviewers from providing public testimony to the SBOE either at a public hearing or in any regularly scheduled meeting in accordance with the SBOE Operating Rules, §2.12 (relating to Public Hearings).(h) IMRA reviewers shall report immediately to the commissioner of education and chair of the SBOE any communication or attempted communication by any person not officially involved in the review process regarding instructional materials being evaluated by the panel.</content><note type="source"><p>Source Note: The provisions of this §67.29 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.31"><num value="67.31">§67.31</num><heading>Procedures for Public Access to and Handling of IMRA Samples</heading><content>(a) Each regional education service center (ESC) executive director shall designate one person to supervise all access to pre-approval instructional materials under consideration.(b) On or before the date specified in the request for instructional materials for review, each ESC representative shall notify the commissioner of education of all irregularities in electronic samples in a manner designated by the commissioner. The appropriate publisher shall be notified of any sample irregularities reported by the ESCs.(c) One electronic sample of all pre-approval instructional materials under consideration shall be retained in each ESC for review by interested persons. The review sample must remain available until the ESC receives the electronic final approved product sample on the date specified in the schedule of instructional materials review and approval (IMRA) procedures.(d) Appropriate information, such as locator and login information and passwords, shall be made available by the ESCs to ensure public access to Internet-based instructional content throughout the review or contract period, as appropriate.(e) Regional ESCs shall ensure reasonable public access to pre-approval instructional materials under consideration, including access outside of normal working hours that shall be scheduled by appointment.(f) On or before the date specified in the schedule of IMRA procedures, each ESC shall publicize the date on which pre-approval instructional materials under consideration will be available for review and shall notify all school districts in the region of the schedule.(g) One electronic final sample of all instructional materials approved by the State Board of Education shall be retained in each ESC for the entire contract period for review by interested persons. Samples of approved prekindergarten materials must match the format of the products to be provided to schools upon ordering.</content><note type="source"><p>Source Note: The provisions of this §67.31 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.33"><num value="67.33">§67.33</num><heading>Public Comment on Instructional Materials</heading><content>(a) The instructional materials public comment period begins when the electronic samples of materials under consideration for approval are posted on the State Board of Education (SBOE) website and ends after 60 calendar days.(b) Any resident of Texas may submit written comments for, against, or about any instructional materials submitted for review. All feedback shall be submitted to the commissioner of education in a format designated by the commissioner on or before the deadlines specified in the schedule of instructional materials review and approval (IMRA) procedures.(c) Copies of written feedback and lists of reported alleged factual errors and suitability flags shall be posted on the SBOE website and provided to the SBOE and participating publishers.(d) The SBOE shall hold a hearing on instructional materials submitted for review during a regularly scheduled meeting prior to the meeting at which the SBOE will vote to approve instructional materials.(1) Testimony at the hearing shall be accepted from Texas residents and non-residents with priority given to Texas residents. (2) Copies of written testimony provided at the hearing shall be distributed to SBOE members and to publishers with materials under consideration.(3) Persons who wish to testify must register in accordance with registration procedures in the SBOE Operating Rules, §2.10 (relating to Oral Public Testimony in Connection with Regular Board and Committee Meetings).(4) The SBOE may limit the time available for each person to testify to hear from everyone who has registered to testify.(5) Persons may also be allowed to register to testify at the hearing, but priority will be given to those persons who registered prior to the deadline, in accordance with the SBOE Operating Rules, §2.12 (relating to Public Hearings).(6) Oral responses to testimony at the hearing may be made by official representatives of publishing companies.(7) An archived recording of the hearing shall be provided on the Texas Education Agency (TEA) website.(8) All written publisher responses to comments or public testimony provided at the hearing shall be posted to the TEA website within five working days of their receipt from the publisher.(e) Public comment on instructional materials not approved by the SBOE on the date specified in the schedule of IMRA procedures shall be accepted according to the SBOE Operating Rules, §2.10.</content><note type="source"><p>Source Note: The provisions of this §67.33 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.39"><num value="67.39">§67.39</num><heading>Updates to Approved Instructional Materials</heading><content>(a) A publisher may submit a request to the commissioner of education for approval to update content in State Board of Education (SBOE)-approved instructional materials. A publisher requesting approval of a content update shall provide a written request in a manner designated by the commissioner that includes an explanation of the reason for the update. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. The request must be accompanied by an electronic sample of the proposed updates. Proposed changes shall be posted on the Texas Education Agency (TEA) website for a minimum of 30 calendar days prior to approval.(b) A publisher that requests to update content in state-approved instructional materials must comply with the following additional requirements:(1) provide that there will be no additional cost to the state or local education agencies (LEAs);(2) certify in writing that the new material meets the applicable essential knowledge and skills, is free from factual errors, and is suitable and appropriate for the grade level and subject/course(s); and(3) certify that the updates do not affect the product's coverage of Texas Education Code, §28.002(h), as it relates to that specific subject and grade level or course(s) in understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage.(c) All requests for updates must be approved by the SBOE prior to their introduction into state-approved and locally adopted instructional materials.(d) The SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to content in state-approved instructional materials prior to delivery of the materials to school districts.(e) A publisher of instructional materials may provide alternative formats for use by school districts if:(1) the content is identical to SBOE-approved content; and(2) the alternative formats include the identical revisions and updates as the original product and the cost to the state and LEAs is equal to or less than the cost of the original product.(f) Alternative formats may be developed and introduced at any time during the instructional materials review and approval cycle using the procedures for approval of other SBOE-approved materials. (g) Publishers must notify the commissioner in writing if they are providing SBOE-approved products in alternative formats.</content><note type="source"><p>Source Note: The provisions of this §67.39 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.41"><num value="67.41">§67.41</num><heading>New Editions of Approved Instructional Materials</heading><content>(a) A publisher may submit a request to the commissioner of education for approval to substitute a new edition of state-approved instructional materials. A publisher requesting approval of a new edition shall provide a written request in a manner designated by the commissioner that includes an explanation of the reason for the substitution. The request must be accompanied by an electronic sample and a correlation document that meets all the requirements of the correlation document provided for the initial review. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. Proposed changes shall be made available for public review on the Texas Education Agency website for a minimum of 60 calendar days prior to approval.(b) A publisher that requests to substitute a new edition of state-approved instructional materials must comply with the following additional requirements:(1) provide that there will be no additional cost to the state or local education agencies;(2) certify in writing that the new material meets the applicable Texas Essential Knowledge and Skills or Texas Prekindergarten Guidelines, is free from factual errors, and is suitable and appropriate for the grade level and subject/course(s); and(3) certify that the updates in the new edition do not affect the product's coverage of Texas Education Code, §28.002(h), as it relates to that specific subject and grade level or course(s) in understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage.(c) All requests for updates involving content used in determining the product's eligibility for approval must be approved by the State Board of Education (SBOE) prior to their introduction into state-approved and locally adopted instructional materials.(d) The SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to content in SBOE-approved instructional materials prior to delivery of the materials to school districts.</content><note type="source"><p>Source Note: The provisions of this §67.41 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scB/s67.43"><num value="67.43">§67.43</num><heading>Lists of Approved and Rejected Instructional Materials</heading><content>(a) The list of approved instructional materials shall be maintained by the State Board of Education (SBOE).(b) The SBOE may remove instructional materials from the list of approved instructional materials if:(1) the Texas Essential Knowledge and Skills (TEKS), Texas Prekindergarten Guidelines (TPG), or applicable English Language Proficiency Standards (ELPS) intended to be covered by the material are revised or a publisher revises the material without the approval of the SBOE in accordance with Texas Education Code (TEC), §31.022(c);(2) the instructional materials, through a finding of the SBOE, are not compliant with the parent portal standards in §67.83 of this title (relating to Publisher Parent Portal); or(3) the instructional materials violate any provisions of TEC, Chapter 31.(c) A publisher of the specific instructional material shall be provided a minimum of 30 days' notice of the proposed removal. A representative of the publisher of the specific instructional material shall be given the opportunity to address the SBOE at the meeting where the SBOE is considering removing that publisher's product from the list of approved materials.(d) If instructional materials are removed from the list of approved instructional materials, school districts and open-enrollment charter schools may not apply the entitlements outlined in TEC, §48.307 or §48.308, to future purchases or subscriptions of the removed instructional materials.(e) A school district or an open-enrollment charter school that selects subscription-based instructional materials from the list of approved instructional materials approved under TEC, §31.022 and §31.023, may cancel the subscription and subscribe to a new instructional material on the list of approved instructional materials before the end of the state contract period under TEC, §31.026, if:(1) the district or charter school has used the instructional material for at least one school year and the Texas Education Agency (TEA) approves the change based on a written request to TEA by the district or charter school that specifies the reasons for changing the instructional material used by the district or charter school; or(2) the SBOE removes the instructional material to which the district or charter school is subscribed from the list of approved instructional materials.(f) The SBOE shall maintain the list of rejected instructional materials.(g) Instructional materials shall be removed from the list of rejected instructional materials if a publisher submits a revised set of instructional materials for review through the process required by TEC, §31.022 and §31.023, and the SBOE places the revised instructional materials on the list of approved instructional materials.(h) The SBOE may remove instructional materials from the list of rejected instructional materials if a publisher submits a revised set of instructional materials for review through the process required by TEC, §31.023 and §31.022, and the SBOE takes no action before the end of the calendar year.(i) This section applies to instructional materials approved by the SBOE after January 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §67.43 adopted to be effective November 10, 2024, 49 TexReg 8710.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c67/scC"><num value="C">SUBCHAPTER C</num><heading>LOCAL OPERATIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c67/scC/s67.61"><num value="67.61">§67.61</num><heading>Sample Copies of Instructional Materials for School Districts</heading><content>(a) Upon request by the instructional materials coordinator of a school district or an open-enrollment charter school, a publisher shall provide one complete electronic sample in an open file format or closed format of approved instructional materials. Samples of learning systems and electronic, visual, or auditory media may be provided in demonstration or representative format. Samples of instructional materials provided to school districts shall be labeled "Sample Copy - Not for Classroom Use."(b) Samples supplied to school districts shall be provided and distributed at the expense of the publisher. No state or local funds shall be expended to purchase, distribute, or ship sample materials. Publishers may make arrangements with school districts or open-enrollment charter schools to retrieve samples after local selections are completed, but the state does not guarantee return of sample instructional materials.</content><note type="source"><p>Source Note: The provisions of this §67.61 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scC/s67.63"><num value="67.63">§67.63</num><heading>Selection and Local Adoption of Instructional Materials by School Districts</heading><content>(a) Each local board of trustees of a school district or governing body of an open-enrollment charter school shall select instructional materials in an open meeting as required by Texas Government Code, Chapter 551, including public notice.(b) A school district or an open-enrollment charter school may requisition instructional materials on the list approved under the Texas Education Code, §31.023, for grades above the grade level in which the student is enrolled.(c) Locally adopted instructional materials shall be supplied to a student in special education classes as appropriate to the level of the student's ability and without regard to the grade for which the instructional material is adopted or the grade in which the student is enrolled.(d) School districts or open-enrollment charter schools shall not be reimbursed from state funds for expenses incurred in local handling of instructional materials.</content><note type="source"><p>Source Note: The provisions of this §67.63 adopted to be effective March 30, 2025, 50 TexReg 2072.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scC/s67.69"><num value="67.69">§67.69</num><heading>Local Review of Classroom Instructional Materials</heading><content>(a) School districts and open-enrollment charter schools must establish a process by which a parent of a student may request an instructional material review under Texas Education Code, §31.0252, for a subject area in the grade level in which the student is enrolled. This process shall:(1) establish minimum requirements for a parent's petition to the school district board of trustees for a local review of classroom instructional materials, including submission guidelines and timelines for the petition. The process must align to the statewide submission window of September 1 through the last instructional day for students. The process must require that the board consider such petitions at the regular board meeting that allows proper posting immediately following submission of the petition provided that it is submitted by the prescribed submission deadline;(2) require parent petitions to include the student assignment, grade level, content area, campus name, and teacher name to complete the local review process; and(3) establish an appeal process for parents if a petition for a local review is denied by the school district board of trustees, detailing steps for submitting an appeal, the criteria for reviewing the appeal, and the timelines for a final decision.(b) A school district or open-enrollment charter school is requested to notify the State Board of Education member(s) representing the district or charter school, at the member's state email address as listed on the SBOE. Texas.gov website, within one week of a decision to approve a parent request for local classroom review and one week after receiving the final report.</content><note type="source"><p>Source Note: The provisions of this §67.69 adopted to be effective May 25, 2025, 50 TexReg 2966.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c67/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIALS</heading><section identifier="/us/state/tx/tac/t19/p2/c67/scCC/s67.1315"><num value="67.1315">§67.1315</num><heading>Open Education Resource Instructional Material Transition Plan</heading><content>(a) The open education resource (OER) instructional material transition plan shall be submitted, when required by this section, in a format determined by the commissioner of education.(b) A school district or an open-enrollment charter school is required to have a locally maintained OER transition plan that complies with this section to access funding allotted under Texas Education Code (TEC), §48.308.(c) A school district or an open-enrollment charter school is required to submit an OER instructional material transition plan only when:(1) first adopting a State Board of Education (SBOE)-approved OER product for a grade level or subject/course; or(2) expanding implementation of an SBOE-approved OER product to additional campuses and/or grade levels.(d) The OER instructional material transition plan adopted by the local board of trustees or the governing body of an open-enrollment charter school shall include the plan of the district or charter school to ensure the following:(1) clear communication and stakeholder change management plans and timelines;(2) timely access to print materials and related manipulatives through OER procurement and distribution;(3) sufficient planning and instructional time evidenced by instructional calendars and master schedules aligned to the requirements of the materials;(4) clear expectations for the implementation of:(A) instructional materials;(B) internalization and student work analysis protocols; and(C) curriculum-embedded assessments;(5) processes for stakeholder communication and public posting, as outlined in TEC, §26.006, if materials have been modified by the school district or open-enrollment charter school;(6) the maintenance of instructional flexibility through clear guidance for acceptable teacher modifications to instructional pacing, sequencing, and lesson content to address the needs of each student; and(7) sufficient professional learning and development for school leaders, instructional coaches, and teachers, including:(A) pre-service product onboarding and orientation; and(B) ongoing, job-embedded, curriculum-based professional learning, including cycles of observation and feedback.(e) The commissioner may request and review OER instructional material transition plans before funding is released and reject a plan subsequent to review.</content><note type="source"><p>Source Note: The provisions of this §67.1315 adopted to be effective December 15, 2024, 49 TexReg 10097.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c67/scD"><num value="D">SUBCHAPTER D</num><heading>DUTIES OF PUBLISHERS AND MANUFACTURERS</heading><section identifier="/us/state/tx/tac/t19/p2/c67/scD/s67.81"><num value="67.81">§67.81</num><heading>Instructional Materials Contracts</heading><content>(a) The state contract for materials placed on the list of approved materials shall not be changed or modified without the approval of Texas Education Agency (TEA) legal counsel.(b) Contracts shall be sent to publishers for signature. Signed contracts returned by publishers shall be signed by the chair of the State Board of Education (SBOE) and attested to by the commissioner of education. Properly signed and attested contracts shall be filed with TEA.(c) The publisher of instructional materials approved by the SBOE shall:(1) enter into a contract with the SBOE for a term not to exceed an initial term of eight years; and(2) commit to provide the instructional materials in the manner specified by the publisher in the official bid specified in §67.23 of this title (relating to Requirements for Publisher Participation in Instructional Materials Review and Approval (IMRA)).(d) The commissioner shall annually review contracts for instructional materials and present to the SBOE those contracts that are eligible for renewal.(e) The SBOE shall renew existing contracts upon determining that the renewal would be in the best interest of the state and after considering the following factors:(1) placement of subject areas in the Texas Essential Knowledge and Skills review schedule;(2) willingness of publishers to renew contracts; and(3) cost of instructional materials under a renewal contract.(f) Publishers awarded new contracts shall be prepared to make the approved instructional materials available for at least one contract renewal period of not more than four years at prices that are mutually agreeable to publishers and to the commissioner. The SBOE may consider refusing to award future contracts to a publisher that, after receiving written notice to do so, refuses to rebid instructional materials at least once. Failure of a publisher to negotiate an acceptable price for an extended contract shall not be considered failure to rebid instructional materials.(g) Contracts with publishers are subject to all provisions of Texas Education Code (TEC), Chapter 31.(h) This section does not apply to open education resource instructional material.</content><note type="source"><p>Source Note: The provisions of this §67.81 adopted to be effective March 31, 2024, 49 TexReg 1917.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scD/s67.83"><num value="67.83">§67.83</num><heading>Publisher Parent Portal</heading><content>(a) Standards under this section apply to any publisher that supplies instructional materials that are reviewed by a review panel under Texas Education Code (TEC), §31.022 and §31.023, and placed on the list of approved instructional materials by the State Board of Education (SBOE) as outlined in TEC, §31.022.(b) Standards under this section apply to any instructional materials, including:(1) full-subject tier one instructional material;(2) open education resource instructional material;(3) partial-subject tier one instructional material; and(4) supplemental instructional material.(c) A publisher must host an instructional materials parent portal that:(1) includes in the portal all components placed on the list of instructional materials approved by the SBOE, including teacher- and student-facing materials, excluding materials outlined in TEC, §31.154(c);(2) for each school district or open-enrollment charter school that purchases the instructional materials, makes the parent portal capable of single-sign-on with the learning management system or online learning portal used by the district or charter school to assign, distribute, present, or make available instructional materials as defined by TEC, §31.002, to students. If a publisher is unable to make instructional materials operational at the time of purchase by a school district or open-enrollment charter school, the publisher has 60 days from the date of purchase to make its portal operational with the learning management system of the school district or charter school that purchased the materials;(3) for instructional materials not available in a digital format, contains the instructional materials component International Standard Book Number (ISBN) or part number, title, edition, and author to allow a parent to locate a physical copy of the material;(4) allows access beginning not later than 30 days before the school year begins and concluding not earlier than 30 days after the school year ends;(5) optimizes the portal for viewing on large monitors, laptops, tablets, and smartphone devices; and(6) meets Web Content Accessibility Guidelines (WCAG) identified in the associated proclamation or annual request for instructional materials for review and any technical standards required by the Federal Rehabilitation Act, Section 508.(d) A publisher hosting an instructional materials parent portal may not:(1) include any instructional materials as defined by TEC, §31.002, that were not reviewed and placed on the approved materials list; or(2) include any instructional materials on the portal that would undermine, subvert, or impede any local education agency or open-enrollment charter school from complying with TEC, §31.1011.(e) For instructional materials that do not meet the single-sign-on capability requirements within the time period established under subsection (c)(2) of this section, the Texas Education Agency shall recommend to the SBOE the removal of the publisher's instructional materials from the list of approved materials unless the failure to meet the functionality is due to inaction by the school district or charter school or the district's or school's learning management system provider. The SBOE may remove the publisher's material from the approved list.</content><note type="source"><p>Source Note: The provisions of this §67.83 adopted to be effective March 31, 2024, 49 TexReg 1917.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c67/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING LOCAL DISTRICT OPERATIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c67/scDD/s67.1501"><num value="67.1501">§67.1501</num><heading>District Request for Review of Local Classroom Instructional Materials.</heading><content>(a) For the purposes of this section, the definition of a school district includes an open-enrollment charter school.(b) A school district may request a review by the Texas Education Agency (TEA) of local classroom instructional materials.(1) A request for a review of local classroom instructional materials must be submitted between September 1 and the last instructional day for students.(2) If a review of local classroom instructional materials is granted, the school district must submit blank student assignments and other required instructional materials.(3) TEA will evaluate requests according to the type of materials adopted by the school district.(A) A school district using instructional materials not reviewed by the instructional materials review and approval (IMRA) process will receive a review of local classroom instructional materials focused on the degree to which the materials meet the rigor of the Texas Essential Knowledge and Skills and align with the instructional materials adopted by the district.(B) A school district using materials on the State Board of Education (SBOE)-approved instructional materials list will receive a review of local classroom instructional materials to determine alignment with the instructional materials adopted by the district, as the rigor of the materials has already been reviewed and approved by the SBOE.(4) A request for the review of materials on the SBOE's rejected instructional materials list will be automatically denied, and the requesting school district will receive the IMRA report for those materials.(5) TEA will provide the results from a review of local classroom instructional materials in a local classroom review report to the school district.(6) TEA will use grant funds to cover the costs of approved reviews in accordance with the following requirements.(A) School district requests for parent-initiated reviews of local classroom instructional materials will be prioritized and conducted as grant funding is available.(B) School district requests for districtwide reviews of local classroom instructional materials will be conducted if grant funds are available. Once grant funds are exhausted, districts may continue to submit districtwide requests with the option to use local funds to conduct the reviews.(c) Local classroom instructional materials reviews and rubric development for foundations curriculum courses will be aligned with the IMRA rubric development schedule and review cycles.(d) School districts must establish data management processes to ensure reviews of local classroom instructional materials are authorized no more than once per year for any classroom teacher in a specific subject or grade level at a specific campus. The process must track, at a minimum, the teacher of record, date of the review request, grade level, content area, campus, and amount of time the teacher reports to complete the request.(e) School districts must publish local classroom instructional materials review reports from TEA on the district website within 10 school days following the receipt of the results. These reports must be accessible to the public without requiring a login or password. Prior to publication on the district website, the district must redact any student or teacher information from the report and must not make any other modifications to the report.</content><note type="source"><p>Source Note: The provisions of this §67.1501 adopted to be effective August 31, 2025, 50 TexReg 5467.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c67/scDD/s67.1502"><num value="67.1502">§67.1502</num><heading>Reviewer Eligibility</heading><content>(a) Local classroom reviews shall be conducted by education service centers or a curriculum review service provider approved by the Texas Education Agency (TEA). All reviewers must meet eligibility criteria approved by TEA.(b) Reviewers may not have a financial interest in or be employed by a publisher or any person or entity with a financial interest in the adoption of instructional materials in the previous three years.(c) Reviewers of local classroom instructional materials shall not accept meals, entertainment, gifts, or gratuities in any form from publishers, authors, or depositories; agents for publishers, authors, or depositories; any person who holds any official position with publishers, authors, depositories, or agents; or any person or organization interested in influencing the evaluations of the reviews.</content><note type="source"><p>Source Note: The provisions of this §67.1502 adopted to be effective August 31, 2025, 50 TexReg 5467.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c70"><num value="70">CHAPTER 70</num><heading>TECHNOLOGY-BASED INSTRUCTION</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c70/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING THE TEXAS VIRTUAL SCHOOL NETWORK (TXVSN)</heading><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1001"><num value="70.1001">§70.1001</num><heading>Definitions</heading><content>The following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Electronic course--An educational course in which instruction and content are delivered primarily over the Internet, a student and teacher are in different locations for a majority of the student's instructional period, most instructional activities take place in an online environment, the online instructional activities are integral to the academic program, extensive communication between a student and a teacher and among students is emphasized, and a student is not required to be located on the physical premises of a school district or charter school. An electronic course is the equivalent of what would typically be taught in one semester. For example: English IA is treated as a single electronic course and English IB is treated as a single electronic course.(2) Successful course completion--The term that applies when a student has demonstrated academic proficiency of course content by earning a minimum passing grade of 70% or above on a 100-point scale, as assigned by the properly credentialed online teacher(s), sufficient to earn credit for a high school course.(3) Successful program completion--The term that applies when a student enrolled in a Texas Virtual School Network Online School program in Grades 3-8 has demonstrated academic proficiency and has earned a minimum passing grade of 70% or above on a 100-point scale, as assigned by the properly credentialed online teacher(s) for the educational program, sufficient for promotion to the next grade level.(4) Texas Virtual School Network (TxVSN)--A state-led initiative for online learning rather than a telecommunications or information services network. The TxVSN is comprised of two components, the statewide course catalog and the online school program. Authorized by the Texas Education Code, Chapter 30A, the TxVSN is a partnership network administered by the Texas Education Agency (TEA) in coordination with regional education service centers (ESCs), Texas public school districts and charter schools, institutions of higher education, and other eligible entities.(5) TxVSN central operations--The TEA staff that carries out the day-to-day operations of the TxVSN, including the centralized student registration system, statewide course catalog listings, and other administrative and reporting functions.(6) TxVSN online school--A Texas public school district or charter school that meets eligibility requirements and serves students who are enrolled full time in an approved TxVSN Online School program.(7) TxVSN Online School (OLS) program--A full-time, virtual instructional program that is made available through an approved course provider and is designed to serve students in Grades 3-12 who are not physically present at school.(8) TxVSN course provider--An entity that meets eligibility requirements and provides an electronic course through the TxVSN. Course providers include providers in the statewide course catalog and TxVSN online schools.(9) TxVSN receiver district--A Texas public school district or charter school that has students enrolled in the school district or charter school who take one or more online courses through the TxVSN statewide course catalog.(10) TxVSN statewide course catalog--A supplemental online instructional program available through approved course providers.</content><note type="source"><p>Source Note: The provisions of this §70.1001 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1003"><num value="70.1003">§70.1003</num><heading>Texas Virtual School Network Governance</heading><content>(a) Administration. The Texas Education Agency (TEA) is the administering authority of the Texas Virtual School Network (TxVSN). The role of the administering authority is to:(1) set standards of quality and ensure compliance with the Texas Education Code (TEC), §30A.051;(2) establish the policies and procedures necessary for operation of the TxVSN; and(3) oversee the course review process.(b) Agency authority. The TEA may conduct routine audits, monitoring, and other investigations of TxVSN central operations, course review, TxVSN course providers, and TxVSN receiver districts to determine compliance and ensure high-quality education as authorized in the TEC or other law. For audit purposes, participants must maintain documentation to support the requirements of the TxVSN program and any agreements.(c) Central operations. The TxVSN central operations shall:(1) coordinate course registration and student enrollments for the TxVSN statewide course catalog;(2) verify the eligibility of TxVSN course providers in both the TxVSN statewide course catalog and the TxVSN Online School (OLS) program;(3) publish an online listing of approved courses for both the TxVSN statewide course catalog and the TxVSN OLS program; and(4) coordinate reporting requirements, including course completion results, parent and student surveys, and Informed Choice Reports.</content><note type="source"><p>Source Note: The provisions of this §70.1003 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1005"><num value="70.1005">§70.1005</num><heading>Texas Virtual School Network Course Requirements</heading><content>(a) All electronic courses to be made available through the Texas Virtual School Network (TxVSN) shall be reviewed and approved prior to being offered.(1) Each electronic course approved for inclusion in the TxVSN shall:(A) be in a specific subject that is part of the required curriculum;(B) be aligned with the Texas Essential Knowledge and Skills (TEKS) approved for implementation in a given school year for a grade level at or above Grade 3;(C) be the equivalent in instructional rigor and scope to a course that is provided in a traditional classroom setting during:(i) a semester of 90 instructional days; and(ii) a school day of at least seven hours;(D) be led by a teacher who meets the requirements of §70.1027 of this title (relating to Requirements for Educators of Electronic Courses);(E) be designed specifically for an online learning environment, including instructional tools, assessment features, and collaborative communication tools as appropriate;(F) be aligned with the current National Standards for Quality Online Courses;(G) meet accessibility requirements established by the U.S. Rehabilitation Act, §508, and TxVSN accessibility guidelines; and(H) ensure that each student enrolled in a TxVSN electronic course takes any applicable assessment instrument required under the Texas Education Code (TEC), §39.023, according to the standard administration schedule and that each assessment is supervised by a proctor.(2) Secondary (Grades 6-12) science courses shall include at least 40% hands-on laboratory investigations and field work using appropriate scientific inquiry as required by §74.3(b)(2)(C) of this title (relating to Description of a Required Secondary Curriculum). (3) An Advanced Placement (AP) course must have documented approval from the College Board as an AP course prior to submission for TxVSN course review.(4) If the TEKS with which an approved course is aligned are modified, the course provider shall be provided the same time period to revise the course to achieve alignment with the modified TEKS as is provided for the modification of a course provided in a traditional classroom setting.(5) An online dual credit course to be offered through the TxVSN shall be submitted to the administering authority for review and approval prior to being offered.(6) If the administering authority does not approve an electronic course, a course provider may appeal to the commissioner of education.(A) A TxVSN course provider must obtain support from the local governing body, as applicable, in order to appeal to the commissioner regarding the administering authority's refusal to approve an electronic course.(B) If the commissioner determines that the administering authority's evaluation did not follow the criteria or was otherwise irregular, the commissioner may overrule the administering authority and approve the course.(C) The commissioner's decision under this section is final and may not be appealed.(b) A course approved to be offered through the TxVSN shall be required to be renewed for approval under one of the following circumstances, whichever period of time is shorter:(1) in accordance with a schedule designed to coincide with revisions to the curriculum under the TEC, §28.002(a); or(2) not later than ten years from the anniversary of the previous approval.(c) A Texas public school district or charter school may apply to the commissioner for a waiver of the course review requirement if the school district or charter school certifies that courses they will offer meet all of the requirements of subsection (a)(1) of this section.(1) A school district or charter school that receives a waiver of this requirement shall ensure that students enrolled in online courses that have not gone through the course review process perform at a rate at least equal to that of the district or charter as a whole.(2) A school district or charter school that does not maintain student performance at least equal to that of the district or charter as a whole may be required to submit courses for review as a condition of continued participation in the TxVSN.</content><note type="source"><p>Source Note: The provisions of this §70.1005 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1007"><num value="70.1007">§70.1007</num><heading>Texas Virtual School Network Statewide Course Catalog Course Provider Eligibility and Program Requirements</heading><content>(a) The following entities are eligible to serve as course providers in the Texas Virtual School Network (TxVSN) statewide course catalog:(1) a school district that is rated acceptable as described in the Texas Education Code (TEC), §39.054. A Texas school district may provide an electronic course through the TxVSN to:(A) a student who is enrolled in that district or school;(B) a student who is enrolled in another school district or school in the state; or(C) a student who resides in Texas who is enrolled in a school other than a public school district or charter school.(2) a charter school that is rated acceptable as described in the TEC, §39.054. A charter school may provide an electronic course through the TxVSN to:(A) a student who lives within its service area;(B) a student who is enrolled in another school district or school in the state through an agreement with the school district in which the student resides; or(C) a student who is enrolled in another school district or school in the state if the student receives educational services under the supervision of a juvenile probation department, the Texas Juvenile Justice Department, or the Texas Department of Criminal Justice through an agreement with the applicable agency;(3) an institution of higher education, as defined by 20 United States Code, Section 1001;(4) an education service center that adheres to the general provisions of the TEC, Chapter 8; and(5) a nonprofit entity, private entity, or corporation approved by the commissioner of education.(A) To be approved as a TxVSN course provider, a nonprofit entity, private entity, or corporation must, in accordance with guidelines established by the Texas Education Agency, provide evidence of:(i) compliance with all applicable federal and state laws prohibiting discrimination;(ii) financial solvency; and(iii) prior successful experience offering online courses to middle or high school students, with demonstrated success in course completion and performance as determined by the commissioner.(B) A nonprofit entity, private entity, or corporation is not eligible to serve as a course provider in the TxVSN Online School program.(b) An entity other than a school district or charter school is not authorized to award course credit or a diploma for courses taken through the TxVSN.(c) TxVSN course providers shall:(1) provide the TxVSN receiver district in which each TxVSN student is enrolled with written notice of a student's performance in the course at least once every 12 weeks;(2) provide the TxVSN receiver district in which each TxVSN student is enrolled with written notice of a student's performance at least once every three weeks if the student's performance in the course is consistently unsatisfactory, as determined by the TxVSN course provider;(3) notify students in writing upon enrollment to participate in the TxVSN course with specific dates and details regarding enrollment;(4) meet all federal and state requirements for educating students with disabilities;(5) provide a contingency plan for the continuation of instructional services to all TxVSN students allowing them to complete their TxVSN courses in the event that the contract or agreement through which the electronic courses are provided are terminated or the TxVSN courses become unavailable to students;(6) ensure a maximum class size limit of 40 students in a single section of a course and ensure that the class size does not exceed the maximum allowed by law and a charter school's charter, as applicable, whichever is less; and(7) meet all reporting requirements established by TxVSN central operations, including timely submission of student performance reports, course completion results, catalog data, data required to verify instructor qualifications, and all data necessary for the TxVSN Informed Choice Report required under §70.1031 of this title (relating to Informed Choice Reports).</content><note type="source"><p>Source Note: The provisions of this §70.1007 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1008"><num value="70.1008">§70.1008</num><heading>Texas Virtual School Network Statewide Course Catalog Receiver District Requirements</heading><content>(a) Pursuant to the Texas Education Code, §26.0031, a Texas public school district and charter school shall notify parents and students of the option to enroll in the Texas Virtual School Network (TxVSN) statewide course catalog at the time and in the manner that the school district or charter school informs students and parents about instructional programs or courses offered in the district's or school's traditional classroom setting.(b) Each Texas public school district and charter school is eligible to serve as a receiver district in the TxVSN statewide course catalog.(c) Each TxVSN receiver district shall:(1) register as a receiver district with TxVSN central operations;(2) assign a qualified staff member to serve as the TxVSN coordinator;(3) enroll a student who resides in Texas and who is enrolled in a school other than a public school district or charter school upon request by the student and/or parent or guardian; and(4) in accordance with §74.26 of this title (relating to Award of Credit), award credit to a student enrolled in the district who has successfully completed all state and local requirements and received a grade that is the equivalent of 70 on a scale of 100, based upon the essential knowledge and skills for a high school course offered through the TxVSN statewide course catalog.(d) A TxVSN receiver district may deny a request to enroll a student in a TxVSN course if:(1) a student attempts to enroll in a course load that is inconsistent with the student's high school graduation program or requirements for college admission or requirements for earning an industry certification;(2) the student requests permission to enroll in a TxVSN course at a time that is inconsistent with the enrollment period established by the school district or open-enrollment charter school providing the course; or(3) the school district or charter school offers a substantially similar course.(e) A school district or charter school from which a parent/guardian of a student requests permission to enroll the student in an electronic course offered through the TxVSN has discretion to select an approved course provider for the course in which the student will enroll based on factors, including the TxVSN Informed Choice Report.</content><note type="source"><p>Source Note: The provisions of this §70.1008 adopted to be effective April 7, 2015, 40 TexReg 1967; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1009"><num value="70.1009">§70.1009</num><heading>Texas Virtual School Network Online School Eligibility</heading><content>(a) To be eligible to serve as a Texas Virtual School Network (TxVSN) online school, a school district or charter school shall:(1) have a current accreditation status of Accredited as specified in §97.1055 of this title (relating to Accreditation Status);(2) be rated acceptable as described in the Texas Education Code, §39.054;(3) be rated at the Standard Achievement level or higher under the state financial accountability rating system as specified in §109.1001 of this title (relating to Financial Accountability Ratings);(4) have met statutory requirements for timely submission of annual audit and compliance reports, Public Education Information Management System (PEIMS) reports, and timely deposits with the Teacher Retirement System, with all records and reports reflecting satisfactory performance;(5) be in good standing with other programs, grants, and projects administered through the Texas Education Agency (TEA); and(6) have been approved to operate a TxVSN Online School (OLS) as of January 1, 2013.(b) Based on the most recent available status as of the beginning of a school year, the TEA may suspend a TxVSN OLS program that no longer meets the requirements of subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §70.1009 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1011"><num value="70.1011">§70.1011</num><heading>Texas Virtual School Network Online School Program Requirements</heading><content>(a) A Texas Virtual School Network (TxVSN) online school may serve students in Grades 3-12, but may not serve students in Kindergarten-Grade 2.(b) A school district or charter school that operates a TxVSN online school that serves students in full-time virtual instruction shall, prior to the start of each academic year, notify the Texas Education Agency (TEA) of grade levels to be served and the total number of students to be served during that academic year. A school district or charter school may not add grade levels after the start of the school year.(c) A TxVSN online school or a school district or charter school wishing to add additional grade levels to its online program shall certify that the online school has courses sufficient to comprise a full instructional program for each additional grade level to be served by the online school prior to serving that grade level.(d) School districts or charter schools approved to serve as TxVSN online schools shall follow the TEA procedures related to obtaining a campus number for the virtual campus through which they serve their TxVSN online school students.(e) School districts and charter schools serving as TxVSN online schools shall:(1) follow the same laws and rules that apply to traditional schools unless otherwise indicated in this chapter;(2) verify the identity and eligibility of each student seeking to enroll full time in TxVSN online courses;(3) notify parents and students of the option to enroll in the TxVSN online school at the time and in the manner that the school district or charter school informs students and parents about instructional programs or courses offered in the district's or school's traditional classroom setting;(4) notify students in writing upon acceptance to participate in the TxVSN online school with specific dates and details regarding enrollment;(5) document actual dates each student begins and ends enrollment in student data records for local recordkeeping purposes and for state funding reporting purposes;(6) ensure that each student enrolled in the TxVSN online school takes any applicable assessment instrument required under the Texas Education Code, §39.023, according to the standard administration schedule and that each assessment is supervised by a proctor;(7) allow access to proctored test administrations by any personnel or agent of the TEA;(8) adopt an instructional calendar for the TxVSN online school and keep an instructional calendar for each TxVSN online school student on file and make these records available to the TEA, upon request in the requested electronic format;(9) meet all reporting requirements established by TxVSN central operations, including timely submission of data required to verify instructor qualifications and complete student and parent surveys and all data necessary for the TxVSN Informed Choice Report required under §70.1031 of this title (relating to Informed Choice Reports);(10) assign each teacher that provides instruction in a TxVSN online school a Texas Student Data System Unique Staff Identifier;(11) meet all federal and state requirements for educating students with disabilities;(12) publish in a prominent location on the Internet website for the school district's or charter school's TxVSN online school:(A) a link to the TxVSN Informed Choice Report that includes all of the components required under §70.1031 of this title; and(B) any applicable criteria for enrollment and any enrollment deadlines for each TxVSN online school campus;(13) provide a contingency plan for the continuation of instructional services to all TxVSN Online School (OLS) program students allowing them to complete their TxVSN OLS program subject areas or courses in the event that the contract or agreement through which the TxVSN OLS program instructional services are provided is terminated or a TxVSN OLS program subject area or course becomes unavailable to the student;(14) ensure a maximum class size limit of 40 students in a single section of a Grades 5-12 course and ensure that the class size does not exceed the maximum allowed by law and a charter school's charter, as applicable, whichever is less;(15) organize, retain in a centralized unit or office within the organizational structure of the TxVSN online school, and make available to the TEA, upon request in the requested electronic format, the following:(A) the same financial documentation that is required of a traditional campus and documentation sufficient to demonstrate successful course completion;(B) detailed records that support the program of instruction; and(C) detailed records that document student participation in the TxVSN online school and grades earned;(16) require contractors to retain and make available to the TEA, upon request in the requested electronic format, any and all financial and programmatic records, including books, documents, papers, and records, which are directly pertinent to that specific contract for a minimum of seven years from the day the final state funding payment is made and all other pending matters are closed, including resolution of any audits that started within the seven-year retention period, in accordance with the record retention requirements for federal and state programs as mandated by the Texas State Library and Archives Commission;(17) ensure the ongoing security of all data and its accessibility to the TEA in the requested electronic format; and(18) make decisions regarding serving students with disabilities in accordance with §89.1050 of this title (relating to The Admission, Review, and Dismissal Committee) and regarding English language learners in accordance with §89.1220 of this title (relating to Language Proficiency Assessment Committee).(f) TxVSN online schools may:(1) determine the number of courses a student takes at one time based on individual student needs; however, course placement decisions must enable a student to make reasonable progress toward graduation in a timely manner;(2) lend equipment to a student and the parents/legal guardians of a student participating in the TxVSN online school for the duration of the student's enrollment in the TxVSN online school; and(3) subsidize or reimburse a student or the parents/legal guardians of a student participating in the TxVSN online school for Internet connectivity for the duration of the student's participation in the TxVSN online school.(g) TxVSN online schools may not:(1) deny participation to any student based on language or disability; or(2) promise or provide equipment or any other thing of value to a student or a student's parent as an inducement for the student to enroll in the online school.(h) Charter schools serving as TxVSN online schools shall:(1) operate in compliance with their charter and applicable laws, rules, and regulations;(2) continue current education programs and activities at existing physical location(s) and offer the education program as described in the charter;(3) obtain approval from the commissioner of education for a charter amendment to change the educational program prior to making the change in the educational program as required in §100.1033(c) of this title (relating to Charter Amendment); and(4) count students enrolled in the TxVSN online school toward the charter's enrollment cap and ensure that the charter does not exceed their total enrollment cap.</content><note type="source"><p>Source Note: The provisions of this §70.1011 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1013"><num value="70.1013">§70.1013</num><heading>Texas Virtual School Network Student Eligibility</heading><content>(a) A student is eligible to enroll in a course provided by the Texas Virtual School Network (TxVSN) only if:(1) the student on September 1 of the school year:(A) is younger than 21 years of age; or(B) is younger than 26 years of age and entitled to the benefits of the Foundation School Program under the Texas Education Code, §48.003;(2) the student has not graduated from high school; and(3) the student:(A) is otherwise eligible to enroll in a public school in this state; or(B) is a dependent of a member of the United States military, was previously enrolled in high school in this state, and no longer resides in this state as a result of a military deployment or transfer.(b) A student is eligible to enroll full time in courses provided through the TxVSN only if the student:(1) was enrolled in a public school in this state in the preceding school year;(2) is a dependent of a member of the United States military who has been deployed or transferred to this state and was enrolled in a publicly funded school outside of this state in the preceding school year; or(3) has been placed in substitute care in this state, regardless of whether the student was enrolled in a public school in this state in the preceding school year.(c) If a student has not provided required evidence of eligibility to enroll, a TxVSN online school may:(1) enroll a student provisionally for ten school days; and(2) withdraw the student from the online school if the student does not provide the required evidence of eligibility within ten school days of the provisional enrollment.(d) Upon enrolling a student provisionally, the TxVSN online school shall notify the student and the student's parents or guardians that the student will be withdrawn if documentation is not provided within the required timeframe.</content><note type="source"><p>Source Note: The provisions of this §70.1013 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1015"><num value="70.1015">§70.1015</num><heading>Texas Virtual School Network Enrollment, Advancement, and Withdrawal</heading><content>(a) A student taking a course through the Texas Virtual School Network (TxVSN) statewide course catalog or a TxVSN Online School (OLS) program is considered to:(1) be enrolled in a TxVSN course when he or she begins receiving instruction and actively engages in instructional activities in a TxVSN subject area or course;(2) have successfully completed a course if the student demonstrates academic proficiency and, for a high school course, earns credit for the course, as determined by the TxVSN teacher; and(3) be, and must be reported as, withdrawn from the TxVSN when the student is no longer actively participating in the TxVSN course or program.(b) A student taking a course through the TxVSN statewide course catalog:(1) shall enroll in each TxVSN course through the TxVSN online registration system;(2) shall be assigned a grade by the TxVSN teacher after the drop period established by TxVSN central operations;(3) may withdraw from a course taken through the TxVSN after the instructional start date without academic or financial penalty within the drop period established by TxVSN central operations; and(4) shall have the grade assigned by the TxVSN teacher added to the student's record by the student's home district and, for a high school course, added to the student's transcript.(c) A student enrolled full time in a TxVSN Online School program in Grades 3-8 must demonstrate academic proficiency sufficient to earn promotion to the next grade, as determined by the TxVSN teacher for the educational program.(d) A student who transfers from one educational setting to another after beginning enrollment in an electronic course is entitled to continue enrollment in the course.</content><note type="source"><p>Source Note: The provisions of this §70.1015 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1017"><num value="70.1017">§70.1017</num><heading>Texas Virtual School Network Compulsory Attendance</heading><content>(a) Texas public school students are not required to be in physical attendance while participating in courses through a Texas Virtual School Network (TxVSN) online school or the TxVSN course catalog.(b) Based upon successful completion of a TxVSN course or a TxVSN Online School (OLS) instructional program, students are considered to have met attendance requirements for that course or program. A student who has successfully completed the grade level or course is eligible to receive any weighted funding for which the student is eligible.(c) For audit purposes, TxVSN course providers and TxVSN receiver districts shall maintain documentation to support the students' successful completion and to support verification of compulsory attendance.</content><note type="source"><p>Source Note: The provisions of this §70.1017 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1019"><num value="70.1019">§70.1019</num><heading>Public or Private Institutions of Higher Education</heading><content>Public or private institutions of higher education participating as Texas Virtual School Network (TxVSN) course providers shall:(1) serve students statewide. TxVSN student enrollments are not subject to service area priorities or restrictions;(2) enroll students through the standardized requirements and application/enrollment process approved by TxVSN central operations or the TxVSN online school;(3) use the articulation agreement available through TxVSN central operations or the TxVSN online school; and(4) use the state-assigned course identification number and course title as specified in the Public Education Information Management System (PEIMS) data standards.</content><note type="source"><p>Source Note: The provisions of this §70.1019 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1021"><num value="70.1021">§70.1021</num><heading>Private Entities Providing Online Courses</heading><content>Private entities that supply online courses offered by Texas Virtual School Network course providers as authorized under the Texas Education Code, Chapter 30A, do not become public schools by that relationship. Only school districts and charter schools may claim to be Texas public schools or to be accredited or approved by the Texas Education Agency or the State of Texas. The private course provider or vendor providing the course may not claim those designations in its advertising and informational materials.</content><note type="source"><p>Source Note: The provisions of this §70.1021 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1023"><num value="70.1023">§70.1023</num><heading>Accountability</heading><content>(a) All Texas public school students enrolled in the Texas Virtual School Network (TxVSN) are required to take the statewide assessments as required in the Texas Education Code, §39.023.(b) All school districts and charter schools participating in the TxVSN Online School (OLS) program are included in the state's academic accountability system.</content><note type="source"><p>Source Note: The provisions of this §70.1023 adopted to be effective February 27, 2013, 38 TexReg 1163.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1025"><num value="70.1025">§70.1025</num><heading>Statewide Course Catalog Fees</heading><content>(a) A Texas Virtual School Network (TxVSN) course cost may not exceed the lesser of the cost of providing the course or $400.(b) A school district or charter school may decline to pay the course costs for a student who chooses to enroll in more than three year-long electronic courses, or the equivalent, during any school year. This does not limit the ability of the student to enroll in additional electronic courses offered through the TxVSN at the student's expense.(c) A school district or charter school may charge the course cost for enrollment in an electronic course provided through the TxVSN statewide course catalog to a student who:(1) resides in Texas and is enrolled in a school district or charter school as a full-time student with a course load greater than that normally taken by students in the equivalent grade level;(2) elects to enroll in an electronic course provided through the TxVSN if the school district or charter school in which the student is enrolled declines to pay the course cost because the course exceeds the limit of three year-long courses; or(3) enrolls in a TxVSN course during the summer.(d) A school district or charter school shall charge the course cost for enrollment in an electronic course provided through the TxVSN to a student who resides in Texas and is not enrolled in a school district or charter school. A student who is not enrolled in a school district or charter school is not entitled to the benefits of the Foundation School Program.(e) TxVSN central operations may only accept course payment from a school district or charter school.(f) A school district or charter school that is not the course provider may charge a student enrolled in the district or school a nominal fee, not to exceed $50, for enrollment in an electronic course provided through the TxVSN that exceeds the course load normally taken by students in the equivalent grade level. A juvenile probation department or state agency may charge a nominal fee, not to exceed $50, to a student under the supervision of the department or agency.(g) A course provider in the TxVSN statewide course catalog shall receive:(1) no more than 70% of the catalog course cost prior to a student successfully completing the course; and(2) the remaining 30% of the catalog course cost when the student successfully completes the course.</content><note type="source"><p>Source Note: The provisions of this §70.1025 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1027"><num value="70.1027">§70.1027</num><heading>Requirements for Educators of Electronic Courses</heading><content>(a) Each instructor of an electronic course, including a dual credit course, offered through the Texas Virtual School Network (TxVSN) by a course provider must be certified under the Texas Education Code (TEC), Chapter 21, Subchapter B, to teach that course and grade level or meet the credentialing requirements of the institution of higher education with which they are affiliated and that is serving as a course provider. In addition, each instructor:(1) must:(A) successfully complete a professional development course or program approved by TxVSN central operations before teaching an electronic course offered through the TxVSN; or(B) have a graduate degree in online or distance learning and have demonstrated mastery of the National Standards for Quality Online Teaching; or(C) have two or more years of documented experience teaching online courses for students in Grades 3-12 and have demonstrated mastery of the National Standards for Quality Online Teaching; and(2) must successfully complete one continuing professional development course specific to online learning every three years.(b) Each instructor of an electronic course, including a dual credit course, offered through the TxVSN by a course provider must meet highly qualified teacher requirements under the Elementary and Secondary Education Act, as applicable.(c) TxVSN course providers shall affirm the preparedness of instructors of TxVSN electronic courses to teach public school-age students in a highly interactive online classroom and shall:(1) maintain records documenting:(A) valid Texas educator certification credentials appropriate for the instructor's TxVSN assignment;(B) successful initial completion of TxVSN-approved professional development, evidence of prior online teaching, or a graduate degree in online or distance learning; and(C) instructor's demonstrated mastery of the National Standards for Quality Online Teaching prior to teaching through the TxVSN;(2) conduct and maintain records for background check;(3) maintain records of successful completion of continuing professional development;(4) maintain records documenting successful completion of TxVSN-approved professional development before the end of the school year for any instructor who is hired after the school year has begun; and(5) make the records specified in this subsection available to the TEA and TxVSN central operations upon request.</content><note type="source"><p>Source Note: The provisions of this §70.1027 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1028"><num value="70.1028">§70.1028</num><heading>Requirements for Texas Virtual School Network Educator Professional Development</heading><content>(a) The Texas Virtual School Network (TxVSN) central operations shall approve professional development courses or programs for instructors who are teaching electronic courses, including dual credit courses, offered through the TxVSN statewide course catalog and Online School program.(b) A course provider shall submit to TxVSN central operations any course the provider seeks to provide to instructors for authorization to teach electronic courses provided through the TxVSN in accordance with §70.1027(a)(1)(A) of this title (relating to Requirements for Educators of Electronic Courses).(c) The Texas Education Agency shall use the most recent National Standards for Quality Online Teaching to evaluate professional development courses submitted by a TxVSN course provider for approval.</content><note type="source"><p>Source Note: The provisions of this §70.1028 adopted to be effective April 7, 2015, 40 TexReg 1967; amended to be effective February 19, 2025, 50 TexReg 858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1029"><num value="70.1029">§70.1029</num><heading>Texas Virtual School Network Participation and Performance</heading><content>(a) A public school district or charter school, institution of higher education, regional education service center, or other entity shall apply for approval to serve as a Texas Virtual School Network (TxVSN) course provider in the statewide course catalog and/or the Online School (OLS) program in accordance with guidelines established by the Texas Education Agency.(b) The commissioner of education may revoke the right to participation in the TxVSN based on any of the following factors:(1) noncompliance with relevant state or federal laws or TxVSN reporting requirements;(2) noncompliance with requirements and assurances outlined in the contractual agreements with TxVSN central operations and/or the provisions of this subsection and the Texas Education Code, Chapter 30A; or(3) consistently poor student performance rates as evidenced by results on statewide student assessments, student withdrawal rates, student completion rates, successful completion rates, or campus accountability ratings.</content><note type="source"><p>Source Note: The provisions of this §70.1029 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1031"><num value="70.1031">§70.1031</num><heading>Informed Choice Reports</heading><content>The Texas Virtual School Network (TxVSN) central operations shall maintain on the TxVSN website Informed Choice Reports for each electronic course offered through the TxVSN. Each Informed Choice Report shall annually publish the following:(1) the entity that developed the course and the entity that provided the course;(2) student course completion data, including withdrawal rate, completion rate, and successful completion rate;(3) aggregate student performance on an assessment instrument administered under the Texas Education Code, §39.023, for students who completed that course;(4) aggregate student performance on all assessment instruments administered to students who completed the course provider's courses;(5) enrollment caps and student enrollment periods, if any, for each TxVSN online school campus;(6) the school year calendar for the instructional program;(7) a description of the instructional program;(8) the Learning Management System (LMS), the software application for the administration, documentation, tracking, reporting, and delivery of online education courses;(9) a description of each electronic subject area or course offered, including:(A) subject area or course requirements and prerequisites, as applicable;(B) the Public Education Information Management System (PEIMS) course title and number;(C) the number of credits to be earned for a high school course;(D) a course syllabus for Grades 9-12 or a course overview and lesson guide for Grades 3-8; and(E) indication of Advanced Placement (AP), Southern Association of Colleges and Schools (SACS), and National Collegiate Athletic Association (NCAA) approval, as applicable for a high school course;(10) the name, title, and contact information for the school district or charter school personnel responsible for overseeing the daily operations of each TxVSN online school campus;(11) all required materials provided by the receiver district or course provider outside the LMS and all materials required to be obtained by the student;(12) technical system requirements, minimum bandwidth, video player, and plug-in requirements; and(13) software and browser compatibility needed to complete the course.</content><note type="source"><p>Source Note: The provisions of this §70.1031 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1033"><num value="70.1033">§70.1033</num><heading>Local Policy Regarding Electronic Courses</heading><content>(a) Each school district and charter school shall adopt a written policy consistent with §70.1035 of this title (relating to Rights Concerning the Texas Virtual School Network) that provides students enrolled in the school district or charter school with the opportunity to enroll in courses provided through the Texas Virtual School Network statewide course catalog.(b) A school district or charter school shall, at least once per school year, send to a parent of each student enrolled at the middle or high school level a copy of the policy adopted under this section. A district or charter school may send the policy with any other information that the district or charter school sends to a parent.</content><note type="source"><p>Source Note: The provisions of this §70.1033 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c70/scAA/s70.1035"><num value="70.1035">§70.1035</num><heading>Rights Concerning the Texas Virtual School Network</heading><content>(a) At the time and in the manner that a school district or charter school informs students and parents about courses that are offered in the district's or school's traditional classroom setting, the district or school shall notify parents and students of the option to enroll in an electronic course offered through the Texas Virtual School Network (TxVSN).(b) A school district or charter school in which a student is enrolled as a full-time student may not deny the request of a parent/legal guardian of a student to enroll the student in an electronic course offered through the TxVSN, unless:(1) a student attempts to enroll in a course load that is inconsistent with the student's high school graduation plan or requirements for college admission or requirements for earning an industry certification;(2) the student requests permission to enroll in an electronic course at a time that is inconsistent with the enrollment period established by the TxVSN course provider; or(3) the district or charter school offers a substantially similar course.(c) Notwithstanding subsection (b)(2) of this section, a TxVSN course provider shall make all reasonable efforts to accommodate the enrollment of a student in the course under special circumstances.(d) A parent/legal guardian may appeal to the commissioner of education a school district's or charter school's decision to deny a request to enroll a student in an electronic course offered through the TxVSN.(1) The parent shall submit a written request to the commissioner within ten business days of receiving a final decision in the local grievance process that the student was denied the opportunity to enroll in an electronic course offered through the TxVSN in accordance with guidelines established by the Texas Education Agency.(2) An appeal under this section shall be based on review of the local record developed in the grievance process.(3) If the commissioner determines that a student was unreasonably denied the opportunity to enroll in an electronic course, the school district or charter school shall immediately enroll the student in the electronic course or a similar course in accordance with the enrollment windows established by the provider.(4) The commissioner's decision under this section is final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §70.1035 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c74"><num value="74">CHAPTER 74</num><heading>CURRICULUM REQUIREMENTS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scA"><num value="A">SUBCHAPTER A</num><heading>REQUIRED CURRICULUM</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scA/s74.1"><num value="74.1">§74.1</num><heading>Essential Knowledge and Skills</heading><content>(a) A school district that offers kindergarten through Grade 12 must offer the following as a required curriculum:(1) a foundation curriculum that includes:(A) English language arts;(B) mathematics;(C) science; and(D) social studies, consisting of Texas, United States and world history, government, geography, and economics, with emphasis on the free enterprise system and its benefits; and(2) an enrichment curriculum that includes:(A) to the extent possible, languages other than English;(B) health, with emphasis on:(i) physical health, including the importance of proper nutrition and exercise;(ii) mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making; and(iii) suicide prevention, including recognizing suicide-related risk factors and warning signs;(C) physical education;(D) fine arts;(E) career and technical education;(F) technology applications;(G) religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature; and(H) personal financial literacy.(b) A school district must provide instruction in the essential knowledge and skills of the appropriate grade levels in the foundation and enrichment curriculum as specified in paragraphs (1)-(12) of this subsection. A school district may add elements at its discretion but must not delete or omit instruction in the foundation and enrichment curriculum specified in subsection (a) of this section.(1) Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading).(2) Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics).(3) Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science).(4) Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies).(5) Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English).(6) Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education).(7) Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).(8) Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts).(9) Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications).(10) Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Development).(11) Chapter 128 of this title (relating to Texas Essential Knowledge and Skills for Spanish Language Arts and English as a Second Language).(12) Chapter 130 of this title (relating to Texas Essential Knowledge and Skills for Career and Technical Education).</content><note type="source"><p>Source Note: The provisions of this §74.1 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective October 3, 2004, 29 TexReg 9185; amended to be effective January 9, 2007, 32 TexReg 80; amended to be effective April 21, 2010, 35 TexReg 3028; amended to be effective May 30, 2012, 37 TexReg 3808; amended to be effective June 18, 2014, 39 TexReg 4652; amended to be effective October 25, 2020, 45 TexReg 7421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scA/s74.2"><num value="74.2">§74.2</num><heading>Description of a Required Elementary Curriculum</heading><content>(a) A school district that offers kindergarten through Grade 5 must provide instruction in the required curriculum as specified in §74.1 of this title (relating to Essential Knowledge and Skills). The district must ensure that sufficient time is provided for teachers to teach and for students to learn English language arts and reading, mathematics, science, social studies, fine arts, health, physical education, technology applications, and to the extent possible, languages other than English. The school district may provide instruction in a variety of arrangements and settings, including mixed-age programs designed to permit flexible learning arrangements for developmentally appropriate instruction for all student populations to support student attainment of course and grade level standards.(b) A school district that provides instruction for Grade 6 in a self-contained elementary class as part of elementary school shall provide instruction for students in Grade 6 in all of the Middle School 1 Texas essential knowledge and skills for art, dance, music, and theatre as specified in Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts).</content><note type="source"><p>Source Note: The provisions of this §74.2 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective January 9, 2007, 32 TexReg 80; amended to be effective August 24, 2015, 40 TexReg 5328.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scA/s74.3"><num value="74.3">§74.3</num><heading>Description of a Required Secondary Curriculum</heading><content>(a) Middle Grades 6-8.(1) A school district that offers Grades 6-8 must provide instruction in the required curriculum as specified in §74.1 of this title (relating to Essential Knowledge and Skills). The district must ensure that sufficient time is provided for teachers to teach and for students to learn English language arts, mathematics, science, social studies, at least one of the four disciplines in fine arts (art, dance, music, theatre), health, physical education, technology applications, and to the extent possible, languages other than English. The school district may provide instruction in a variety of arrangements and settings, including mixed-age programs designed to permit flexible learning arrangements for developmentally appropriate instruction for all student populations to support student attainment of course and grade level standards.(2) The school district must ensure that, beginning with students who enter Grade 6 in the 2010-2011 school year, each student completes one Texas essential knowledge and skills-based fine arts course in Grade 6, Grade 7, or Grade 8.(3) A district shall offer and maintain evidence that students have the opportunity to take courses in at least three of the four disciplines in fine arts. The requirement to offer three of the four disciplines in fine arts may be reduced to two by the commissioner of education upon application of a school district with a total middle school enrollment of less than 250 students.(b) Secondary Grades 9-12.(1) A school district that offers Grades 9-12 must provide instruction in the required curriculum as specified in §74.1 of this title. The district must ensure that sufficient time is provided for teachers to teach and for students to learn the subjects in the required curriculum. The school district may provide instruction in a variety of arrangements and settings, including mixed-age programs designed to permit flexible learning arrangements for developmentally appropriate instruction for all student populations to support student attainment of course and grade level standards.(2) A school district must offer courses listed in subparagraphs (A)-(J) of this paragraph, unless selection from a list of courses is specified, and maintain evidence that students have the opportunity to take these courses:(A) English language arts--English I, II, III, and IV and at least one additional advanced English course;(B) mathematics--Algebra I, Algebra II, Geometry, Precalculus, and Mathematical Models with Applications;(C) science--(i) Integrated Physics and Chemistry, Biology, Chemistry, Physics; and(ii) at least two additional science courses selected from Aquatic Science, Astronomy, Earth Systems Science, Environmental Systems, Advanced Animal Science, Advanced Plant and Soil Science, Anatomy and Physiology, Physics for Engineering, Biotechnology I, Biotechnology II, Engineering Design and Problem Solving, Food Science, Forensic Science, Medical Microbiology, Pathophysiology, Scientific Research and Design, Engineering Science, Fluid Mechanics, Mechanics of Materials, and advanced level biology, chemistry, physics, and environmental science courses offered as dual credit as referenced in §74.11(i) of this title (relating to High School Graduation Requirements) or a course selected from §74.12(b)(3)(A) or (B) of this title (relating to Foundation High School Program);(D) social studies--United States History Studies Since 1877, World History Studies, United States Government, World Geography Studies, Personal Financial Literacy, Economics with Emphasis on the Free Enterprise System and Its Benefits, and Personal Financial Literacy and Economics;(E) physical education--at least two courses selected from Lifetime Fitness and Wellness Pursuits, Lifetime Recreation and Outdoor Pursuits, or Skill-Based Lifetime Activities;(F) fine arts--courses selected from at least two of the four fine arts areas (art, music, theatre, and dance)--Art I, II, III, IV; Music I, II, III, IV; Theatre I, II, III, IV; or Dance I, II, III, IV;(G) career and technical education-- three or more career and technical education courses for four or more credits with at least one advanced course aligned with a specified number of Texas Education Agency-designated programs of study determined by enrollment as follows:(i) one program of study for a district with fewer than 500 students enrolled in high school;(ii) two programs of study for a district with 501-1,000 students enrolled in high school;(iii) three programs of study for a district with 1,001-2,000 students enrolled in high school;(iv) four programs of study for a district with 1,001-5,000 students enrolled in high school;(v) five programs of study for a district with 5,001-10,000 students enrolled in high school; and(vi) six programs of study for a district with more than 10,000 students enrolled in high school.(H) languages other than English--Levels I, II, and III or higher of the same language;(I) computer science--one course selected from Fundamentals of Computer Science, Computer Science I, or another advanced computer science course; and(J) speech--Communication Applications.(3) The following requirements may be reduced to one by the commissioner of education upon application of a school district with a total high school enrollment of less than 500 students:(A) the requirement to offer two additional science courses; and(B) the requirement to offer both Economics with Emphasis on the Free Enterprise System and Its Benefits and Personal Financial Literacy and Economics.(4) Districts may offer additional courses from the complete list of courses approved by the State Board of Education to satisfy graduation requirements as referenced in this chapter.(5) A school district must provide each student the opportunity to participate in each course the district is required to offer or selects to offer as specified in subsection (b)(2) of this section. The district must provide students the opportunity each year to select courses in which they intend to participate from a list that includes all courses required to be offered in subsection (b)(2) of this section. If the school district will not offer the required courses every year, but intends to offer particular courses only every other year, it must notify all enrolled students of that fact. A school district must teach a course that is specifically required for high school graduation at least once in any two consecutive school years. For a subject that has an end-of-course assessment, the district must either teach the course every year or employ options described in Subchapter C of this chapter (relating to Other Provisions) to enable students to earn credit for the course and must maintain evidence that it is employing those options.(c) Courses in the foundation and enrichment curriculum in Grades 6-12 must be provided in a manner that allows all grade promotion and high school graduation requirements to be met in a timely manner. Nothing in this chapter shall be construed to require a district to offer a specific course in the foundation and enrichment curriculum except as required by this subsection.</content><note type="source"><p>Source Note: The provisions of this §74.3 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective October 13, 1997, 22 TexReg 10129; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective October 3, 2004, 29 TexReg 9185; amended to be effective January 9, 2007, 32 TexReg 80; amended to be effective December 23, 2009, 34 TexReg 9198; amended to be effective April 21, 2010, 35 TexReg 3028; amended to be effective May 30, 2012, 37 TexReg 3808; amended to be effective June 18, 2014, 39 TexReg 4652; amended to be effective August 24, 2015, 40 TexReg 5328; amended to be effective October 23, 2016, 41 TexReg 8196; amended to be effective October 25, 2020, 45 TexReg 7421; amended to be effective August 1, 2022, 47 TexReg 4501; amended to be effective August 1, 2025, 50 TexReg 3904.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scA/s74.4"><num value="74.4">§74.4</num><heading>English Language Proficiency Standards</heading><content>(a) Introduction. (1) The English language proficiency standards in this section outline English language proficiency level descriptors and student expectations for English language learners (ELLs). School districts shall implement this section as an integral part of each subject in the required curriculum. The English language proficiency standards are to be published along with the Texas Essential Knowledge and Skills (TEKS) for each subject in the required curriculum. (2) In order for ELLs to be successful, they must acquire both social and academic language proficiency in English. Social language proficiency in English consists of the English needed for daily social interactions. Academic language proficiency consists of the English needed to think critically, understand and learn new concepts, process complex academic material, and interact and communicate in English academic settings. (3) Classroom instruction that effectively integrates second language acquisition with quality content area instruction ensures that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills in the TEKS, and reach their full academic potential. (4) Effective instruction in second language acquisition involves giving ELLs opportunities to listen, speak, read, and write at their current levels of English development while gradually increasing the linguistic complexity of the English they read and hear, and are expected to speak and write. (5) The cross-curricular second language acquisition skills in subsection (c) of this section apply to ELLs in Kindergarten-Grade 12. (6) The English language proficiency levels of beginning, intermediate, advanced, and advanced high are not grade-specific. ELLs may exhibit different proficiency levels within the language domains of listening, speaking, reading, and writing. The proficiency level descriptors outlined in subsection (d) of this section show the progression of second language acquisition from one proficiency level to the next and serve as a road map to help content area teachers instruct ELLs commensurate with students' linguistic needs. (b) School district responsibilities. In fulfilling the requirements of this section, school districts shall: (1) identify the student's English language proficiency levels in the domains of listening, speaking, reading, and writing in accordance with the proficiency level descriptors for the beginning, intermediate, advanced, and advanced high levels delineated in subsection (d) of this section; (2) provide instruction in the knowledge and skills of the foundation and enrichment curriculum in a manner that is linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's levels of English language proficiency to ensure that the student learns the knowledge and skills in the required curriculum; (3) provide content-based instruction including the cross-curricular second language acquisition essential knowledge and skills in subsection (c) of this section in a manner that is linguistically accommodated to help the student acquire English language proficiency; and (4) provide intensive and ongoing foundational second language acquisition instruction to ELLs in Grade 3 or higher who are at the beginning or intermediate level of English language proficiency in listening, speaking, reading, and/or writing as determined by the state's English language proficiency assessment system. These ELLs require focused, targeted, and systematic second language acquisition instruction to provide them with the foundation of English language vocabulary, grammar, syntax, and English mechanics necessary to support content-based instruction and accelerated learning of English. (c) Cross-curricular second language acquisition essential knowledge and skills. (1) Cross-curricular second language acquisition/learning strategies. The ELL uses language learning strategies to develop an awareness of his or her own learning processes in all content areas. In order for the ELL to meet grade-level learning expectations across the foundation and enrichment curriculum, all instruction delivered in English must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's level of English language proficiency. The student is expected to: (A) use prior knowledge and experiences to understand meanings in English; (B) monitor oral and written language production and employ self-corrective techniques or other resources; (C) use strategic learning techniques such as concept mapping, drawing, memorizing, comparing, contrasting, and reviewing to acquire basic and grade-level vocabulary; (D) speak using learning strategies such as requesting assistance, employing non-verbal cues, and using synonyms and circumlocution (conveying ideas by defining or describing when exact English words are not known); (E) internalize new basic and academic language by using and reusing it in meaningful ways in speaking and writing activities that build concept and language attainment; (F) use accessible language and learn new and essential language in the process; (G) demonstrate an increasing ability to distinguish between formal and informal English and an increasing knowledge of when to use each one commensurate with grade-level learning expectations; and (H) develop and expand repertoire of learning strategies such as reasoning inductively or deductively, looking for patterns in language, and analyzing sayings and expressions commensurate with grade-level learning expectations. (2) Cross-curricular second language acquisition/listening. The ELL listens to a variety of speakers including teachers, peers, and electronic media to gain an increasing level of comprehension of newly acquired language in all content areas. ELLs may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in listening. In order for the ELL to meet grade-level learning expectations across the foundation and enrichment curriculum, all instruction delivered in English must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's level of English language proficiency. The student is expected to: (A) distinguish sounds and intonation patterns of English with increasing ease; (B) recognize elements of the English sound system in newly acquired vocabulary such as long and short vowels, silent letters, and consonant clusters; (C) learn new language structures, expressions, and basic and academic vocabulary heard during classroom instruction and interactions; (D) monitor understanding of spoken language during classroom instruction and interactions and seek clarification as needed; (E) use visual, contextual, and linguistic support to enhance and confirm understanding of increasingly complex and elaborated spoken language; (F) listen to and derive meaning from a variety of media such as audio tape, video, DVD, and CD ROM to build and reinforce concept and language attainment; (G) understand the general meaning, main points, and important details of spoken language ranging from situations in which topics, language, and contexts are familiar to unfamiliar; (H) understand implicit ideas and information in increasingly complex spoken language commensurate with grade-level learning expectations; and (I) demonstrate listening comprehension of increasingly complex spoken English by following directions, retelling or summarizing spoken messages, responding to questions and requests, collaborating with peers, and taking notes commensurate with content and grade-level needs. (3) Cross-curricular second language acquisition/speaking. The ELL speaks in a variety of modes for a variety of purposes with an awareness of different language registers (formal/informal) using vocabulary with increasing fluency and accuracy in language arts and all content areas. ELLs may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in speaking. In order for the ELL to meet grade-level learning expectations across the foundation and enrichment curriculum, all instruction delivered in English must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's level of English language proficiency. The student is expected to: (A) practice producing sounds of newly acquired vocabulary such as long and short vowels, silent letters, and consonant clusters to pronounce English words in a manner that is increasingly comprehensible; (B) expand and internalize initial English vocabulary by learning and using high-frequency English words necessary for identifying and describing people, places, and objects, by retelling simple stories and basic information represented or supported by pictures, and by learning and using routine language needed for classroom communication; (C) speak using a variety of grammatical structures, sentence lengths, sentence types, and connecting words with increasing accuracy and ease as more English is acquired; (D) speak using grade-level content area vocabulary in context to internalize new English words and build academic language proficiency; (E) share information in cooperative learning interactions; (F) ask and give information ranging from using a very limited bank of high-frequency, high-need, concrete vocabulary, including key words and expressions needed for basic communication in academic and social contexts, to using abstract and content-based vocabulary during extended speaking assignments; (G) express opinions, ideas, and feelings ranging from communicating single words and short phrases to participating in extended discussions on a variety of social and grade-appropriate academic topics; (H) narrate, describe, and explain with increasing specificity and detail as more English is acquired; (I) adapt spoken language appropriately for formal and informal purposes; and (J) respond orally to information presented in a wide variety of print, electronic, audio, and visual media to build and reinforce concept and language attainment. (4) Cross-curricular second language acquisition/reading. The ELL reads a variety of texts for a variety of purposes with an increasing level of comprehension in all content areas. ELLs may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in reading. In order for the ELL to meet grade-level learning expectations across the foundation and enrichment curriculum, all instruction delivered in English must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's level of English language proficiency. For Kindergarten and Grade 1, certain of these student expectations apply to text read aloud for students not yet at the stage of decoding written text. The student is expected to: (A) learn relationships between sounds and letters of the English language and decode (sound out) words using a combination of skills such as recognizing sound-letter relationships and identifying cognates, affixes, roots, and base words; (B) recognize directionality of English reading such as left to right and top to bottom; (C) develop basic sight vocabulary, derive meaning of environmental print, and comprehend English vocabulary and language structures used routinely in written classroom materials; (D) use prereading supports such as graphic organizers, illustrations, and pretaught topic-related vocabulary and other prereading activities to enhance comprehension of written text; (E) read linguistically accommodated content area material with a decreasing need for linguistic accommodations as more English is learned; (F) use visual and contextual support and support from peers and teachers to read grade-appropriate content area text, enhance and confirm understanding, and develop vocabulary, grasp of language structures, and background knowledge needed to comprehend increasingly challenging language; (G) demonstrate comprehension of increasingly complex English by participating in shared reading, retelling or summarizing material, responding to questions, and taking notes commensurate with content area and grade level needs; (H) read silently with increasing ease and comprehension for longer periods; (I) demonstrate English comprehension and expand reading skills by employing basic reading skills such as demonstrating understanding of supporting ideas and details in text and graphic sources, summarizing text, and distinguishing main ideas from details commensurate with content area needs; (J) demonstrate English comprehension and expand reading skills by employing inferential skills such as predicting, making connections between ideas, drawing inferences and conclusions from text and graphic sources, and finding supporting text evidence commensurate with content area needs; and (K) demonstrate English comprehension and expand reading skills by employing analytical skills such as evaluating written information and performing critical analyses commensurate with content area and grade-level needs. (5) Cross-curricular second language acquisition/writing. The ELL writes in a variety of forms with increasing accuracy to effectively address a specific purpose and audience in all content areas. ELLs may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in writing. In order for the ELL to meet grade-level learning expectations across foundation and enrichment curriculum, all instruction delivered in English must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's level of English language proficiency. For Kindergarten and Grade 1, certain of these student expectations do not apply until the student has reached the stage of generating original written text using a standard writing system. The student is expected to: (A) learn relationships between sounds and letters of the English language to represent sounds when writing in English; (B) write using newly acquired basic vocabulary and content-based grade-level vocabulary; (C) spell familiar English words with increasing accuracy, and employ English spelling patterns and rules with increasing accuracy as more English is acquired; (D) edit writing for standard grammar and usage, including subject-verb agreement, pronoun agreement, and appropriate verb tenses commensurate with grade-level expectations as more English is acquired; (E) employ increasingly complex grammatical structures in content area writing commensurate with grade-level expectations, such as: (i) using correct verbs, tenses, and pronouns/antecedents; (ii) using possessive case (apostrophe s ) correctly; and (iii) using negatives and contractions correctly; (F) write using a variety of grade-appropriate sentence lengths, patterns, and connecting words to combine phrases, clauses, and sentences in increasingly accurate ways as more English is acquired; and (G) narrate, describe, and explain with increasing specificity and detail to fulfill content area writing needs as more English is acquired. (d) Proficiency level descriptors. (1) Listening, Kindergarten-Grade 12. ELLs may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in listening. The following proficiency level descriptors for listening are sufficient to describe the overall English language proficiency levels of ELLs in this language domain in order to linguistically accommodate their instruction. (A) Beginning. Beginning ELLs have little or no ability to understand spoken English in academic and social settings. These students: (i) struggle to understand simple conversations and simple discussions even when the topics are familiar and the speaker uses linguistic supports such as visuals, slower speech and other verbal cues, and gestures; (ii) struggle to identify and distinguish individual words and phrases during social and instructional interactions that have not been intentionally modified for ELLs; and (iii) may not seek clarification in English when failing to comprehend the English they hear; frequently remain silent, watching others for cues. (B) Intermediate. Intermediate ELLs have the ability to understand simple, high-frequency spoken English used in routine academic and social settings. These students: (i) usually understand simple or routine directions, as well as short, simple conversations and short, simple discussions on familiar topics; when topics are unfamiliar, require extensive linguistic supports and adaptations such as visuals, slower speech and other verbal cues, simplified language, gestures, and preteaching to preview or build topic-related vocabulary; (ii) often identify and distinguish key words and phrases necessary to understand the general meaning during social and basic instructional interactions that have not been intentionally modified for ELLs; and (iii) have the ability to seek clarification in English when failing to comprehend the English they hear by requiring/requesting the speaker to repeat, slow down, or rephrase speech. (C) Advanced. Advanced ELLs have the ability to understand, with second language acquisition support, grade-appropriate spoken English used in academic and social settings. These students: (i) usually understand longer, more elaborated directions, conversations, and discussions on familiar and some unfamiliar topics, but sometimes need processing time and sometimes depend on visuals, verbal cues, and gestures to support understanding; (ii) understand most main points, most important details, and some implicit information during social and basic instructional interactions that have not been intentionally modified for ELLs; and (iii) occasionally require/request the speaker to repeat, slow down, or rephrase to clarify the meaning of the English they hear. (D) Advanced high. Advanced high ELLs have the ability to understand, with minimal second language acquisition support, grade-appropriate spoken English used in academic and social settings. These students: (i) understand longer, elaborated directions, conversations, and discussions on familiar and unfamiliar topics with occasional need for processing time and with little dependence on visuals, verbal cues, and gestures; some exceptions when complex academic or highly specialized language is used; (ii) understand main points, important details, and implicit information at a level nearly comparable to native English-speaking peers during social and instructional interactions; and (iii) rarely require/request the speaker to repeat, slow down, or rephrase to clarify the meaning of the English they hear. (2) Speaking, Kindergarten-Grade 12. ELLs may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in speaking. The following proficiency level descriptors for speaking are sufficient to describe the overall English language proficiency levels of ELLs in this language domain in order to linguistically accommodate their instruction. (A) Beginning. Beginning ELLs have little or no ability to speak English in academic and social settings. These students: (i) mainly speak using single words and short phrases consisting of recently practiced, memorized, or highly familiar material to get immediate needs met; may be hesitant to speak and often give up in their attempts to communicate; (ii) speak using a very limited bank of high-frequency, high-need, concrete vocabulary, including key words and expressions needed for basic communication in academic and social contexts; (iii) lack the knowledge of English grammar necessary to connect ideas and speak in sentences; can sometimes produce sentences using recently practiced, memorized, or highly familiar material; (iv) exhibit second language acquisition errors that may hinder overall communication, particularly when trying to convey information beyond memorized, practiced, or highly familiar material; and (v) typically use pronunciation that significantly inhibits communication. (B) Intermediate. Intermediate ELLs have the ability to speak in a simple manner using English commonly heard in routine academic and social settings. These students: (i) are able to express simple, original messages, speak using sentences, and participate in short conversations and classroom interactions; may hesitate frequently and for long periods to think about how to communicate desired meaning; (ii) speak simply using basic vocabulary needed in everyday social interactions and routine academic contexts; rarely have vocabulary to speak in detail; (iii) exhibit an emerging awareness of English grammar and speak using mostly simple sentence structures and simple tenses; are most comfortable speaking in present tense; (iv) exhibit second language acquisition errors that may hinder overall communication when trying to use complex or less familiar English; and (v) use pronunciation that can usually be understood by people accustomed to interacting with ELLs. (C) Advanced. Advanced ELLs have the ability to speak using grade-appropriate English, with second language acquisition support, in academic and social settings. These students: (i) are able to participate comfortably in most conversations and academic discussions on familiar topics, with some pauses to restate, repeat, or search for words and phrases to clarify meaning; (ii) discuss familiar academic topics using content-based terms and common abstract vocabulary; can usually speak in some detail on familiar topics; (iii) have a grasp of basic grammar features, including a basic ability to narrate and describe in present, past, and future tenses; have an emerging ability to use complex sentences and complex grammar features; (iv) make errors that interfere somewhat with communication when using complex grammar structures, long sentences, and less familiar words and expressions; and (v) may mispronounce words, but use pronunciation that can usually be understood by people not accustomed to interacting with ELLs. (D) Advanced high. Advanced high ELLs have the ability to speak using grade-appropriate English, with minimal second language acquisition support, in academic and social settings. These students: (i) are able to participate in extended discussions on a variety of social and grade-appropriate academic topics with only occasional disruptions, hesitations, or pauses; (ii) communicate effectively using abstract and content-based vocabulary during classroom instructional tasks, with some exceptions when low-frequency or academically demanding vocabulary is needed; use many of the same idioms and colloquialisms as their native English-speaking peers; (iii) can use English grammar structures and complex sentences to narrate and describe at a level nearly comparable to native English-speaking peers; (iv) make few second language acquisition errors that interfere with overall communication; and (v) may mispronounce words, but rarely use pronunciation that interferes with overall communication. (3) Reading, Kindergarten-Grade 1. ELLs in Kindergarten and Grade 1 may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in reading. The following proficiency level descriptors for reading are sufficient to describe the overall English language proficiency levels of ELLs in this language domain in order to linguistically accommodate their instruction and should take into account developmental stages of emergent readers. (A) Beginning. Beginning ELLs have little or no ability to use the English language to build foundational reading skills. These students: (i) derive little or no meaning from grade-appropriate stories read aloud in English, unless the stories are: (I) read in short "chunks;" (II) controlled to include the little English they know such as language that is high frequency, concrete, and recently practiced; and (III) accompanied by ample visual supports such as illustrations, gestures, pantomime, and objects and by linguistic supports such as careful enunciation and slower speech; (ii) begin to recognize and understand environmental print in English such as signs, labeled items, names of peers, and logos; and (iii) have difficulty decoding most grade-appropriate English text because they: (I) understand the meaning of very few words in English; and (II) struggle significantly with sounds in spoken English words and with sound-symbol relationships due to differences between their primary language and English. (B) Intermediate. Intermediate ELLs have a limited ability to use the English language to build foundational reading skills. These students: (i) demonstrate limited comprehension (key words and general meaning) of grade-appropriate stories read aloud in English, unless the stories include: (I) predictable story lines; (II) highly familiar topics; (III) primarily high-frequency, concrete vocabulary; (IV) short, simple sentences; and (V) visual and linguistic supports; (ii) regularly recognize and understand common environmental print in English such as signs, labeled items, names of peers, logos; and (iii) have difficulty decoding grade-appropriate English text because they: (I) understand the meaning of only those English words they hear frequently; and (II) struggle with some sounds in English words and some sound-symbol relationships due to differences between their primary language and English. (C) Advanced. Advanced ELLs have the ability to use the English language, with second language acquisition support, to build foundational reading skills. These students: (i) demonstrate comprehension of most main points and most supporting ideas in grade-appropriate stories read aloud in English, although they may still depend on visual and linguistic supports to gain or confirm meaning; (ii) recognize some basic English vocabulary and high-frequency words in isolated print; and (iii) with second language acquisition support, are able to decode most grade-appropriate English text because they: (I) understand the meaning of most grade-appropriate English words; and (II) have little difficulty with English sounds and sound-symbol relationships that result from differences between their primary language and English. (D) Advanced high. Advanced high ELLs have the ability to use the English language, with minimal second language acquisition support, to build foundational reading skills. These students: (i) demonstrate, with minimal second language acquisition support and at a level nearly comparable to native English-speaking peers, comprehension of main points and supporting ideas (explicit and implicit) in grade-appropriate stories read aloud in English; (ii) with some exceptions, recognize sight vocabulary and high-frequency words to a degree nearly comparable to that of native English-speaking peers; and (iii) with minimal second language acquisition support, have an ability to decode and understand grade-appropriate English text at a level nearly comparable to native English-speaking peers. (4) Reading, Grades 2-12. ELLs in Grades 2-12 may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in reading. The following proficiency level descriptors for reading are sufficient to describe the overall English language proficiency levels of ELLs in this language domain in order to linguistically accommodate their instruction. (A) Beginning. Beginning ELLs have little or no ability to read and understand English used in academic and social contexts. These students: (i) read and understand the very limited recently practiced, memorized, or highly familiar English they have learned; vocabulary predominantly includes: (I) environmental print; (II) some very high-frequency words; and (III) concrete words that can be represented by pictures; (ii) read slowly, word by word; (iii) have a very limited sense of English language structures; (iv) comprehend predominantly isolated familiar words and phrases; comprehend some sentences in highly routine contexts or recently practiced, highly familiar text; (v) are highly dependent on visuals and prior knowledge to derive meaning from text in English; and (vi) are able to apply reading comprehension skills in English only when reading texts written for this level. (B) Intermediate. Intermediate ELLs have the ability to read and understand simple, high-frequency English used in routine academic and social contexts. These students: (i) read and understand English vocabulary on a somewhat wider range of topics and with increased depth; vocabulary predominantly includes: (I) everyday oral language; (II) literal meanings of common words; (III) routine academic language and terms; and (IV) commonly used abstract language such as terms used to describe basic feelings; (ii) often read slowly and in short phrases; may re-read to clarify meaning; (iii) have a growing understanding of basic, routinely used English language structures; (iv) understand simple sentences in short, connected texts, but are dependent on visual cues, topic familiarity, prior knowledge, pretaught topic-related vocabulary, story predictability, and teacher/peer assistance to sustain comprehension; (v) struggle to independently read and understand grade-level texts; and (vi) are able to apply basic and some higher-order comprehension skills when reading texts that are linguistically accommodated and/or simplified for this level. (C) Advanced. Advanced ELLs have the ability to read and understand, with second language acquisition support, grade-appropriate English used in academic and social contexts. These students: (i) read and understand, with second language acquisition support, a variety of grade-appropriate English vocabulary used in social and academic contexts: (I) with second language acquisition support, read and understand grade-appropriate concrete and abstract vocabulary, but have difficulty with less commonly encountered words; (II) demonstrate an emerging ability to understand words and phrases beyond their literal meaning; and (III) understand multiple meanings of commonly used words; (ii) read longer phrases and simple sentences from familiar text with appropriate rate and speed; (iii) are developing skill in using their growing familiarity with English language structures to construct meaning of grade-appropriate text; and (iv) are able to apply basic and higher-order comprehension skills when reading grade-appropriate text, but are still occasionally dependent on visuals, teacher/peer assistance, and other linguistically accommodated text features to determine or clarify meaning, particularly with unfamiliar topics. (D) Advanced high. Advanced high ELLs have the ability to read and understand, with minimal second language acquisition support, grade-appropriate English used in academic and social contexts. These students: (i) read and understand vocabulary at a level nearly comparable to that of their native English-speaking peers, with some exceptions when low-frequency or specialized vocabulary is used; (ii) generally read grade-appropriate, familiar text with appropriate rate, speed, intonation, and expression; (iii) are able to, at a level nearly comparable to native English-speaking peers, use their familiarity with English language structures to construct meaning of grade-appropriate text; and (iv) are able to apply, with minimal second language acquisition support and at a level nearly comparable to native English-speaking peers, basic and higher-order comprehension skills when reading grade-appropriate text. (5) Writing, Kindergarten-Grade 1. ELLs in Kindergarten and Grade 1 may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in writing. The following proficiency level descriptors for writing are sufficient to describe the overall English language proficiency levels of ELLs in this language domain in order to linguistically accommodate their instruction and should take into account developmental stages of emergent writers. (A) Beginning. Beginning ELLs have little or no ability to use the English language to build foundational writing skills. These students: (i) are unable to use English to explain self-generated writing such as stories they have created or other personal expressions, including emergent forms of writing (pictures, letter-like forms, mock words, scribbling, etc.); (ii) know too little English to participate meaningfully in grade-appropriate shared writing activities using the English language; (iii) cannot express themselves meaningfully in self-generated, connected written text in English beyond the level of high-frequency, concrete words, phrases, or short sentences that have been recently practiced and/or memorized; and (iv) may demonstrate little or no awareness of English print conventions. (B) Intermediate. Intermediate ELLs have a limited ability to use the English language to build foundational writing skills. These students: (i) know enough English to explain briefly and simply self-generated writing, including emergent forms of writing, as long as the topic is highly familiar and concrete and requires very high-frequency English; (ii) can participate meaningfully in grade-appropriate shared writing activities using the English language only when the writing topic is highly familiar and concrete and requires very high-frequency English; (iii) express themselves meaningfully in self-generated, connected written text in English when their writing is limited to short sentences featuring simple, concrete English used frequently in class; and (iv) frequently exhibit features of their primary language when writing in English such as primary language words, spelling patterns, word order, and literal translating. (C) Advanced. Advanced ELLs have the ability to use the English language to build, with second language acquisition support, foundational writing skills. These students: (i) use predominantly grade-appropriate English to explain, in some detail, most self-generated writing, including emergent forms of writing; (ii) can participate meaningfully, with second language acquisition support, in most grade-appropriate shared writing activities using the English language; (iii) although second language acquisition support is needed, have an emerging ability to express themselves in self-generated, connected written text in English in a grade-appropriate manner; and (iv) occasionally exhibit second language acquisition errors when writing in English. (D) Advanced high. Advanced high ELLs have the ability to use the English language to build, with minimal second language acquisition support, foundational writing skills. These students: (i) use English at a level of complexity and detail nearly comparable to that of native English-speaking peers when explaining self-generated writing, including emergent forms of writing; (ii) can participate meaningfully in most grade-appropriate shared writing activities using the English language; and (iii) although minimal second language acquisition support may be needed, express themselves in self-generated, connected written text in English in a manner nearly comparable to their native English-speaking peers. (6) Writing, Grades 2-12. ELLs in Grades 2-12 may be at the beginning, intermediate, advanced, or advanced high stage of English language acquisition in writing. The following proficiency level descriptors for writing are sufficient to describe the overall English language proficiency levels of ELLs in this language domain in order to linguistically accommodate their instruction. (A) Beginning. Beginning ELLs lack the English vocabulary and grasp of English language structures necessary to address grade-appropriate writing tasks meaningfully. These students: (i) have little or no ability to use the English language to express ideas in writing and engage meaningfully in grade-appropriate writing assignments in content area instruction; (ii) lack the English necessary to develop or demonstrate elements of grade-appropriate writing such as focus and coherence, conventions, organization, voice, and development of ideas in English; and (iii) exhibit writing features typical at this level, including: (I) ability to label, list, and copy; (II) high-frequency words/phrases and short, simple sentences (or even short paragraphs) based primarily on recently practiced, memorized, or highly familiar material; this type of writing may be quite accurate; (III) present tense used primarily; and (IV) frequent primary language features (spelling patterns, word order, literal translations, and words from the student's primary language) and other errors associated with second language acquisition may significantly hinder or prevent understanding, even for individuals accustomed to the writing of ELLs. (B) Intermediate. Intermediate ELLs have enough English vocabulary and enough grasp of English language structures to address grade-appropriate writing tasks in a limited way. These students: (i) have a limited ability to use the English language to express ideas in writing and engage meaningfully in grade-appropriate writing assignments in content area instruction; (ii) are limited in their ability to develop or demonstrate elements of grade-appropriate writing in English; communicate best when topics are highly familiar and concrete, and require simple, high-frequency English; and (iii) exhibit writing features typical at this level, including: (I) simple, original messages consisting of short, simple sentences; frequent inaccuracies occur when creating or taking risks beyond familiar English; (II) high-frequency vocabulary; academic writing often has an oral tone; (III) loosely connected text with limited use of cohesive devices or repetitive use, which may cause gaps in meaning; (IV) repetition of ideas due to lack of vocabulary and language structures; (V) present tense used most accurately; simple future and past tenses, if attempted, are used inconsistently or with frequent inaccuracies; (VI) undetailed descriptions, explanations, and narrations; difficulty expressing abstract ideas; (VII) primary language features and errors associated with second language acquisition may be frequent; and (VIII) some writing may be understood only by individuals accustomed to the writing of ELLs; parts of the writing may be hard to understand even for individuals accustomed to ELL writing. (C) Advanced. Advanced ELLs have enough English vocabulary and command of English language structures to address grade-appropriate writing tasks, although second language acquisition support is needed. These students: (i) are able to use the English language, with second language acquisition support, to express ideas in writing and engage meaningfully in grade-appropriate writing assignments in content area instruction; (ii) know enough English to be able to develop or demonstrate elements of grade-appropriate writing in English, although second language acquisition support is particularly needed when topics are abstract, academically challenging, or unfamiliar; and (iii) exhibit writing features typical at this level, including: (I) grasp of basic verbs, tenses, grammar features, and sentence patterns; partial grasp of more complex verbs, tenses, grammar features, and sentence patterns; (II) emerging grade-appropriate vocabulary; academic writing has a more academic tone; (III) use of a variety of common cohesive devices, although some redundancy may occur; (IV) narrations, explanations, and descriptions developed in some detail with emerging clarity; quality or quantity declines when abstract ideas are expressed, academic demands are high, or low-frequency vocabulary is required; (V) occasional second language acquisition errors; and (VI) communications are usually understood by individuals not accustomed to the writing of ELLs. (D) Advanced high. Advanced high ELLs have acquired the English vocabulary and command of English language structures necessary to address grade-appropriate writing tasks with minimal second language acquisition support. These students: (i) are able to use the English language, with minimal second language acquisition support, to express ideas in writing and engage meaningfully in grade-appropriate writing assignments in content area instruction; (ii) know enough English to be able to develop or demonstrate, with minimal second language acquisition support, elements of grade-appropriate writing in English; and (iii) exhibit writing features typical at this level, including: (I) nearly comparable to writing of native English-speaking peers in clarity and precision with regard to English vocabulary and language structures, with occasional exceptions when writing about academically complex ideas, abstract ideas, or topics requiring low-frequency vocabulary; (II) occasional difficulty with naturalness of phrasing and expression; and (III) errors associated with second language acquisition are minor and usually limited to low-frequency words and structures; errors rarely interfere with communication.(e) Effective date. The provisions of this section supersede the ESL standards specified in Chapter 128 of this title (relating to Texas Essential Knowledge and Skills for Spanish Language Arts and English as a Second Language) upon the effective date of this section.</content><note type="source"><p>Source Note: The provisions of this §74.4 adopted to be effective December 25, 2007, 32 TexReg 9615.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scA/s74.5"><num value="74.5">§74.5</num><heading>Academic Achievement Record (Transcript)</heading><content>(a) The commissioner of education shall develop and distribute to each school district and institution of higher education the state guidelines for a common academic achievement record and coding system for courses and instructions for recording information on the academic achievement record. Each school district must use the coding system provided by the commissioner.(b) Following guidelines developed by the commissioner, each school district must use an academic achievement record (transcript) form that includes the following:(1) student demographics;(2) school data;(3) student data; and(4) the record of courses and credits earned.(c) The academic achievement record shall serve as the academic record for each student and must be maintained permanently by the district. Each district must ensure that copies of the record are made available for a student transferring from one district to another. To ensure appropriate placement of a transfer student, a district must respond promptly to each request for student records from a receiving school district.(d) Any credit earned by a student must be recorded on the academic achievement record, regardless of when the credit was earned.(e) A student who completes high school graduation requirements shall have attached to the academic achievement record a seal approved by the State Board of Education.(f) A student who completes the requirements for an endorsement shall have the endorsement clearly indicated on the academic achievement record.(g) A student who earns a performance acknowledgment shall have the performance acknowledgment clearly indicated on the academic achievement record.(h) A student who earns the distinguished level of achievement shall have the distinguished level of achievement clearly indicated on the academic achievement record.(i) A student who demonstrates proficiency in speech as specified in §74.11(a)(3) of this title (relating to High School Graduation Requirements) shall have completion of the speech requirement clearly indicated on the academic achievement record.(j) A student who completes the required instruction in cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) as specified in §74.38 of this title (relating to Requirements for Instruction in Cardiopulmonary Resuscitation (CPR) and the use of an automated external defibrillator (AED) in Grade 9, 10, 11, or 12 shall have completion of the CPR and use of an AED instruction clearly indicated on the academic achievement record.(k) A student who completes the required instruction on proper interaction with peace officers shall have completion of the instruction clearly indicated on the academic achievement record.(l) A student who completes and submits a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA) or submits the Texas Education Agency-approved opt-out form shall have the completion of the financial aid application requirement clearly indicated on the academic achievement record.(m) A student who satisfies a languages other than English graduation credit requirement by successfully completing a dual language immersion program at an elementary school in accordance with §74.12(b)(5)(F) of this title (relating to Foundation High School Program) shall have the credit clearly indicated on the academic achievement record.(n) A student who earns a high school diploma by satisfying the requirements of the Texas First Early High School Completion Program in accordance with Chapter 21, Subchapter D, of this title (relating to the Texas First Early High School Completion Program) shall have completion of the program and the distinguished level of achievement clearly indicated on the academic achievement record.(o) A student who completes all graduation requirements except for required end-of-course assessment instruments may be issued a certificate of coursework completion. The academic achievement record will include a notation of the date such a certificate was issued to the student.</content><note type="source"><p>Source Note: The provisions of this §74.5 adopted to be effective June 18, 2014, 39 TexReg 4652; amended to be effective May 24, 2016, 41 TexReg 3689; amended to be effective August 27, 2018, 43 TexReg 4188; amended to be effective July 1, 2021, 46 TexReg 3873; amended to be effective June 15, 2023, 48 TexReg 2940; amended to be effective August 1, 2024, 49 TexReg 4429.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scA/s74.6"><num value="74.6">§74.6</num><heading>College and Career Readiness and Texas Essential Knowledge and Skills Alignment</heading><content>(a) In accordance with the Texas Education Code, §28.008, the State Board of Education shall incorporate College and Career Readiness Standards approved by the commissioner of education and the Texas Higher Education Coordinating Board into the essential knowledge and skills and indicate the alignment of the College and Career Readiness Standards with the essential knowledge and skills.(b) The figure in this subsection identifies the alignment of the College and Career Readiness Standards for mathematics with the essential knowledge and skills.Attached Graphic(c) The figure in this subsection identifies the alignment of the College and Career Readiness Standards for science with the essential knowledge and skills.Attached Graphic(d) The figure in this subsection identifies the alignment of the College and Career Readiness Standards for social studies with the essential knowledge and skills.Attached Graphic(e) The figure in this subsection identifies the alignment of the College and Career Readiness Standards for cross-disciplinary studies with the essential knowledge and skills.Attached Graphic(f) The figure in this subsection identifies the alignment of the College and Career Readiness Standards for English language arts with the essential knowledge and skills.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §74.6 adopted to be effective April 6, 2016, 41 TexReg 2479; amended to be effective November 24, 2019, 44 TexReg 7048.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES ON COLLEGE AND CAREER READINESS</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scAA/s74.1001"><num value="74.1001">§74.1001</num><heading>College Readiness Vertical Team</heading><content>(a) Purpose. In accordance with the Texas Education Code (TEC), §28.008, the purpose of a college readiness vertical team is to develop or establish standards and expectations designed to ensure that graduates of Texas high schools are able to perform college-level course work at institutions of higher education.(b) Composition.(1) The college readiness vertical team shall be comprised of four subject-specific vertical teams, one each to address English language arts, mathematics, science, and social studies.(2) Each subject-specific vertical team shall be composed of a minimum of eight and a maximum of 20 members per team who represent:(A) all levels of secondary public education;(B) institutions of higher education;(C) a balance between small and large districts;(D) various geographic regions of the state; and(E) the overall demographics of the state.(3) A maximum of 60% of each subject-specific vertical team's membership shall be composed of faculty from institutions of higher education.(4) Upon completion of the development of college readiness standards as required in the TEC, §28.008(b)(1), the subject-specific vertical teams shall be reconstituted to include a maximum of 60% secondary public education teachers employed full time in Texas public schools. The reconstituted teams shall complete duties as defined in the TEC, §28.008(b)(2) - (5).(5) Representatives from each of the four subject-specific vertical teams shall form a leadership team for the purpose of alignment across English language arts, mathematics, science, and social studies.(c) Appointment.(1) The commissioner of education shall determine the criteria for selecting public education members for the college readiness vertical team.(2) The commissioner of education shall solicit recommendations for possible appointees to the college readiness vertical team from the State Board of Education (SBOE), school districts, open-enrollment charter schools, the business community, and educational organizations in Texas. Recommendations may be accepted from any Texas resident. Nominations shall not be made by or accepted from any textbook publishers; authors; depositories; agents for textbook publishers, authors, or depositories; or any person who holds any official position with a textbook publisher, author, depository, or agent.(3) The SBOE shall be notified of appointments made by the commissioner of education to the college readiness vertical team.(4) Initial appointments to the college readiness vertical team shall be made no later than January 7, 2007, or as soon as practicable.(5) Public education members of the college readiness vertical team may be removed or replaced at the discretion of the commissioner of education.(d) Duties.(1) The college readiness vertical team shall carry out the duties as defined in the TEC, §28.008(b).(2) In accordance with the TEC, §28.008(f), the duties of the college readiness vertical team shall be concluded no later than September 1, 2011.(3) Members of the subject-specific vertical teams may be required to be present at the SBOE meeting at which standards developed or established by the teams are presented or considered for approval.</content><note type="source"><p>Source Note: The provisions of this §74.1001 adopted to be effective January 7, 2007, 31 TexReg 10797.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scAA/s74.1003"><num value="74.1003">§74.1003</num><heading>Industry-Based Certifications for Public School Accountability</heading><content>(a) The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) High-skill occupation--an occupation that requires a degree, credential, or training beyond a high school diploma as noted in ONET as Job Zone 3 or higher.(2) High-wage occupation--an occupation associated with a median wage at or above the statewide median wage of all occupations in Texas as determined by the Texas Workforce Commission (TWC).(3) In-demand certification--a certification determined to be in demand by the United States Department of Labor, through CareerOneStop.(4) In-demand occupation--a high-growth occupation as defined by TWC.(b) Industry-based certifications to be used in the public school accountability system shall be categorized as follows using U.S. Department of Labor and TWC data with thresholds determined by the Texas Education Agency (TEA).(1) A Tier 1 certification meets the criteria in subsection (d)(1)-(5) of this section and:(A) is an in-demand certification directly aligned to a high-wage occupation; and(B) does not require curriculum (whether purchased as a package or to access the certification assessment), unless the curriculum is required by a Texas or federal government agency, or a registered apprenticeship.(2) A Tier 2 certification meets the criteria in subsection (d)(1)-(5) of this section and is directly aligned to an occupation that:(A) is either:(i) in demand and high wage; or(ii) high skill; and(B) does not require curriculum (whether purchased as a package or to access the certification assessment), unless the curriculum is required by a Texas or federal government agency, or a registered apprenticeship.(3) A Tier 3 certification meets criteria in subsection (d)(1)-(5) of this section and:(A) does not meet indicators in paragraph (1) or (2) of this subsection; or(B) requires curriculum (whether purchased as a package or to access the certification assessment).(c) The list of industry-based certifications to be used in the public school accountability system shall be reviewed and updated every five years beginning in 2028.(d) Certifications recognized for the purpose of public school accountability in the 2025-2026 through the 2029-2030 school years shall meet the following criteria.(1) Certification. A certification is defined as a validation or license that indicates an individual possesses certain industry-specific skills and that meets the following criteria:(A) the certification is:(i) related to the performance requirements of a specific occupation and measured against a set of industry-accepted standards; and(ii) earned by successfully completing an assessment that is provided by or evaluated by an independent, third-party certifying entity and demonstrates an individual's proficiency of the prescribed standards; or(B) the certification is issued by the State of Texas and requires students to demonstrate proficiency of the prescribed standards through courses within a TEA-approved statewide or regional program of study.(2) Industry recognized and valued. A certification is industry recognized and valued if:(A) the certification is a license awarded by the State of Texas or the federal government;(B) the certification is included on the Department of Labor's CareerOneStop Certifications List as being:(i) third-party industry-endorsed; or(ii) in demand;(C) the certification is included on TWC's Eligible Training Provider List;(D) the certification is referred to TEA by TWC as a result of determined correlation between certification attainment and job-related salary;(E) a certifying entity provides evidence of industry recognition and value that is validated by TEA; or(F) the certification is referred to TEA by TWC as part of the inventory of industry-recognized credentials approved by the industry-based certification advisory council authorized by Texas Labor Code, §312.002, and meets indicators in subparagraphs (A), (B), (C), (D), or (E) of this paragraph.(3) Attainable by a high school student. A certification is attainable by a high school student if the certification:(A) does not require a bachelor's degree;(B) does not require over 1,500 hours of documented work, unless the certifying entity provides verifiable documented evidence that Texas high school students have earned the certification in one of the past two years;(C) does not require a certification applicant to be 21 years of age or over; and(D) coursework is not required after a student graduates from high school.(4) Portable. The certification:(A) can be transferred seamlessly to postsecondary work through acceptance for one or more core program courses at a Southern Association of Colleges and Schools Commission on Colleges-accredited institution of higher education and verified through the institution of higher education's website;(B) counts toward a minimum of 5% of the hours required in an aligned apprenticeship program and can be verified through the apprenticeship's website;(C) is part of a prescribed coherent sequence of industry-recognized credentials to show progressive skills development such as I, II, and III or User, Associate, and Professional;(D) is documented by TWC as supporting employment in more than one region of the state; or(E) is a license awarded by the State of Texas or the federal government.(5) Capstone or end-of-program. A certification assessment is taken at the culmination of a single high school course or multiple related courses within a secondary program of study. There must be at least 50% alignment between the certification assessment standards and the identified occupation-specific student expectations within at least one Level 3 or 4 course in a program of study.(e) An industry-based certification that aligns with an approved regional program of study and meets the criteria in subsection (d)(1)-(3) and (5) of this section but does not meet the criterion in subsection (d)(4) of this section may be approved as a regional industry-based certification.(f) Certifications recognized for the purpose of public school accountability in the 2022-2023 through the 2024-2025 school years shall meet the following criteria.(1) Certification. A certification is defined as a validation or license that indicates an individual possesses certain industry-specific skills and that meets two or more of the following criteria:(A) the certification is related to the performance requirements of a career or occupation, measured against a set of industry-accepted standards, and not dependent upon a particular curriculum or program;(B) the certification is earned by successfully completing an assessment that demonstrates an individual's proficiency of the prescribed standards; or(C) the certification is a time-limited credential that must be maintained through ongoing professional training and/or testing requirements.(2) Industry recognized and valued.(A) A certification is industry recognized and valued if the certification is:(i) referred to TEA:(I) by TWC as part of the inventory of industry-recognized credentials approved by the industry-based certification advisory council authorized by Texas Labor Code, §312.002; or(II) directly using a process identified and implemented by TEA and published on the TEA website if the certification is not referred to TEA by TWC under subclause (I) of this clause; and(ii) determined to be valued by a representative sample of employers, as demonstrated in at least one of the following ways:(I) inclusion of the certification in job postings as required or highly recommended;(II) use of the certification as a factor in selecting candidates for an interview or for hire; or(III) offer of higher pay for individuals who possess the certification.(B) If a determination of value under subparagraph (A)(ii) of this paragraph is not made prior to referral under subparagraph (A)(i)(I) of this paragraph, TEA may use a third-party organization with expertise in gathering information from employers related to the value of industry-based certifications to directly contact groups of employers and report to TEA regarding whether the standards under subparagraph (A)(ii) of this paragraph have been met.(3) Attainable by a high school student. All eligibility requirements such as age and experience can be met and the certification awarded before or within the summer after a student's high school graduation.(4) Portable. The certification can:(A) be transferred seamlessly to postsecondary work through acceptance for credit or hours in core program courses at an institution of higher education;(B) be counted toward hours in an aligned apprenticeship program;(C) be part of a prescribed coherent sequence of industry-recognized credentials to show progressive skills development; or(D) support employment in more than one region of the state.(5) Certifying entity. The assessment of the knowledge and skills required to obtain the certification is provided by or determined by an independent, third-party certifying entity using predetermined standards for knowledge, skills, and competencies.(6) Capstone or end-of-program. A certification assessment is taken at the culmination of a single high school course or multiple related courses within a secondary program of study. There must be at least 50% overlap between the certification assessment standards and:(A) the essential knowledge and skills for a secondary course aligned to the career cluster associated with the certification assessment; or(B) the applicable essential knowledge and skills for a set of courses within a program of study in a secondary career and technical education program.(g) A credential shall not be included on the list of industry-based certifications for public school accountability if:(1) the assessment for the credential is open book, open reference, or allows limitless retake opportunities without remediation or remuneration; or(2) the credential is designed for high school students and not attainable by adults.(h) An industry-based certification that is not placed on the initial list of industry-based certifications for for public school accountability may be re-evaluated in accordance with a process and timeline determined by TEA and published on the TEA website at the conclusion of the initial evaluation.(i) The commissioner of education may request a determination from the industry-based certification advisory council authorized by Texas Labor Code, §312.002, of the appropriate tier for any industry-based certification that appears to be too high or too low. The industry-based certification advisory council may, by a vote of two-thirds of the members of the full council, change the tier determination for a certification referred by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §74.1003 adopted to be effective January 3, 2018, 42 TexReg 7686; amended to be effective August 23, 2020, 45 TexReg 5640; amended to be effective January 9, 2022, 46 TexReg 9286; amended to be effective June 11, 2025, 50 TexReg 3453.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scAA/s74.1005"><num value="74.1005">§74.1005</num><heading>College and Career Funding and Reimbursements</heading><content>(a) Applicability. The provisions of this section apply to school districts and open-enrollment charter schools.(b) Eligibility for funding.(1) A district is eligible to receive funding under Texas Education Code (TEC), §48.106(a)(1), for students in Grades 7-12 who take an approved career and technical education (CTE) course designated with an "H" in the CTE Course column of the Texas Education Data Standards, Section 4, Service-ID (CO22) code table.(2) A district is eligible to receive funding under TEC, §48.106(a)(2)(A), for an advanced CTE course identified as Level 3 or Level 4 in a statewide CTE program of study.(3) A district is eligible to receive funding under TEC, §48.106(a)(2)(B), for a campus that has been designated by Texas Education Agency (TEA) as a Pathways in Technology Early College High School (P-TECH) for the current school year.(4) A district is eligible to receive funding under TEC, §48.106(a)(2)(C), for a campus that has an active agreement with the New Tech Network as defined by the New Tech Network for the current school year.(c) Eligibility for reimbursement.(1) A district is eligible to receive a certification examination reimbursement for a certification identified on the TEA list of industry-based certifications (IBCs) for public school accountability, pursuant to §74.1003 of this title (relating to Industry-Based Certifications for Public School Accountability).(A) A district is eligible to receive the certification examination reimbursement for students in Grades 9-12 who pass an examination beginning in the 2019-2020 school year.(B) Examinations must be taken between September 1 and August 31 of any school year.(C) A district is eligible for reimbursement for a student's first examination reported in the Texas Student Data System Public Education Information Management System with an associated dollar amount.(2) A district is eligible to receive a reimbursement for a college preparation assessment administered under TEC, §39.0261(a)(3)(A), for the amount of fees paid by the district for the state negotiated rate for the SAT® or ACT ® for students in spring of their junior year or during their senior year.(A) Assessment reimbursement only includes the basic SAT® and ACT® test. Other additional costs or fees such as writing tests, subject area tests, or late fees are not eligible for reimbursement.(B) A student must take the assessment between January of Grade 11 through August 31 of the year the student graduates.(3) A district is eligible to receive a reimbursement for a college preparation assessment administered under TEC, §39.0261(a)(3)(B), for the amount of fees paid by the district for the Texas Success Initiative Assessment for students in spring of their junior year or during their senior year.(A) Assessment reimbursement includes both the reading and mathematics portions of the examination. Neither portion is eligible for reimbursement on its own, and additional costs and fees such as writing tests and late fees are not eligible for reimbursement.(B) A student must take the assessment between January of Grade 11 through August 31 of the year the student graduates.(4) A district may only be reimbursed under this subsection for one IBC examination per student and one college preparation assessment per student.(5) A district must submit reimbursement requests and data in accordance with instructions provided by TEA within the published timeline.(d) Final decisions. Reimbursement decisions are final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §74.1005 adopted to be effective October 13, 2020, 45 TexReg 7247.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scAA/s74.1007"><num value="74.1007">§74.1007</num><heading>College, Career, or Military Readiness Outcomes Bonus</heading><content>(a) The standards and thresholds established by the commissioner of education under Texas Education Code (TEC), §48.110(b)(1)-(3); (c); (f)(1)(A) and (B), (2)(A) and (B), and (3)(A) and (B); and (g), shall be used to calculate annual college, career, or military readiness outcomes bonuses for school districts and open-enrollment charter schools.(b) The threshold percentages of annual graduates who demonstrate college, career, or military readiness as provided in subsection (c) of this section for each of the following cohorts are as follows:(1) 11% of annual graduates who are educationally disadvantaged;(2) 24% of annual graduates who are not educationally disadvantaged; and(3) 0% of annual graduates who are enrolled in a special education program under TEC, Chapter 29, Subchapter A, regardless of whether the annual graduates are educationally disadvantaged.(c) An annual graduate demonstrates:(1) college readiness if the annual graduate:(A) both:(i) achieves college readiness standards used for accountability purposes under TEC, Chapter 39, on the ACT, the SAT, or an assessment instrument designated by the Texas Higher Education Coordinating Board (THECB) under TEC, §51.334; and(ii) enrolls at a postsecondary educational institution by the tenth instructional day of the fall semester immediately following high school graduation; or(B) earns an associate degree by August 31 immediately following high school graduation;(2) career readiness if the annual graduate:(A) achieves college readiness standards used for accountability purposes under TEC, Chapter 39, on the ACT, the SAT, or an assessment instrument designated by THECB under TEC, §51.334; and(B) earns an industry-based certification or a level I or level II certificate by August 31 immediately following high school graduation; and(3) military readiness if the annual graduate enlists in the armed forces of the United States or the Texas National Guard by December 31 immediately following high school graduation.(d) Each year, the commissioner shall determine for each school district and open-enrollment charter school the minimum number of annual graduates in each cohort described by subsection (b) of this section who would have to demonstrate college, career, or military readiness as described by subsection (c) of this section in order for the district or charter school to achieve a percentage of college, career, or military readiness for that cohort equal to the threshold percentage established for that cohort under subsection (b) of this section. Each year, the number of annual graduates in excess of the threshold percentage for each cohort provided in subsection (b)(1)-(3) of this section will be used to calculate college, career, or military readiness outcomes bonus funding for the applicable fiscal year.(e) Each June, beginning in June 2021, the Texas Education Agency (TEA) shall supply school districts and open-enrollment charter schools with a preliminary College, Career, or Military Readiness Outcomes Bonus Student Listing that provides the data used by TEA to calculate preliminary funding for the upcoming school year.(1) Upon release of the preliminary listing, school districts and open-enrollment charter schools have 30 days to file an appeal of student-level data. School districts and open-enrollment charter schools must file an appeal and submit all supporting documentation within 30 days of the release of the preliminary listing.(2) An appeal must be filed by following the instructions provided with the release of the student listing. The basis for appeals should be a data or calculation error attributable to TEA or a testing contractor.(3) The appeals process is not a permissible method to correct data that were inaccurately reported to TEA by the school district or open-enrollment charter school. A school district or open-enrollment charter school that submits inaccurate data must follow the procedures and timelines for resubmitting data as specified in the Texas Education Data Standards. Appeals from school districts and open-enrollment charter schools that missed data resubmission window opportunities will be denied.(4) Decisions regarding appeals are final and not subject to further appeal.(5) Due to the delay in data availability for enrollment in institutions of higher education (IHEs), preliminary College, Career, or Military Readiness Outcomes Bonus Student Listings will not include IHE enrollment. For 2019 annual graduates, TEA will use a two-year IHE enrollment average for each school district. Beginning with 2020 annual graduates, TEA will use a three-year IHE enrollment average for each school district.(6) Each year, upon receipt of IHE enrollment data, TEA will reconcile College, Career, or Military Readiness Outcomes Bonus Student Listings with actual enrollment data for the applicable graduating class. Upon reconciliation, the college, career, or military readiness outcomes bonus funding will be updated for the applicable fiscal year.(f) Due to discrepancies between annual enlistment counts for Texas military enlistees aged 17-19 released by the United States Department of Defense and Texas Student Data System Public Education Information Management System military enlistment data for 2017 and 2018 annual graduates, TEA will exclude military enlistment data from College, Career, or Military Readiness Outcomes Bonus Student Listings as provided in subsection (e) of this section until such data can be obtained directly from the United States Armed Forces. Upon receipt of such data, previously released final College, Career, or Military Readiness Outcomes Bonus Student Listings will be updated to include military enlistment data. When the final College, Career, or Military Readiness Outcomes Bonus Student Listings are updated, as provided in this subsection, the number of annual graduates in excess of the threshold percentage for each cohort provided in subsection (b)(1)-(3) of this section will be updated and used to recalculate college, career, or military readiness outcomes bonus funding for the 2019-2020 fiscal year and applicable future fiscal years.</content><note type="source"><p>Source Note: The provisions of this §74.1007 adopted to be effective March 23, 2021, 46 TexReg 1735; amended to be effective January 25, 2022, 47 TexReg 151.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scB"><num value="B">SUBCHAPTER B</num><heading>GRADUATION REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scB/s74.11"><num value="74.11">§74.11</num><heading>High School Graduation Requirements</heading><content>(a) To receive a high school diploma, a student entering Grade 9 in the 2014-2015 school year and thereafter must complete the following:(1) in accordance with subsection (d) of this section, requirements of the Foundation High School Program specified in §74.12 of this title (relating to Foundation High School Program);(2) testing requirements for graduation as specified in Chapter 101 of this title (relating to Assessment); and(3) demonstrated proficiency, in Grade 8 or higher, as determined by the district in which the student is enrolled, in delivering clear verbal messages; choosing effective nonverbal behaviors; listening for desired results; applying valid critical-thinking and problem-solving processes; and identifying, analyzing, developing, and evaluating communication skills needed for professional and social success in interpersonal situations, group interactions, and personal and professional presentations.(b) Beginning with students enrolled in Grade 12 during the 2021-2022 school year, each student in Grade 12 must complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA) before graduating from high school.(1) A student may graduate under the Foundation High School Program without completing a financial aid application if:(A) the student's parent or other person standing in parental relation submits a signed form, approved by the Texas Education Agency (TEA), indicating that the parent or other person declines to complete and submit the application or authorizes the student to decline to complete and submit the financial aid application;(B) the student signs and submits the form described by paragraph (1) of this subsection on the student's own behalf if the student is 18 years of age or older or has been emancipated under Texas Family Code, Chapter 31; or(C) a school counselor authorizes the student to decline to complete and submit the financial aid application for good cause, as determined by the school counselor.(2) A school counselor may not indicate that a student has not complied with this subsection if the school district or open-enrollment charter school fails to provide the form described by paragraph (1)(A) of this subsection to the student or the student's parent or guardian.(c) A school district shall clearly indicate the distinguished level of achievement under the Foundation High School Program, an endorsement, and a performance acknowledgment on the transcript or academic achievement record (AAR) of a student who satisfies the applicable requirements.(d) A student entering Grade 9 in the 2014-2015 school year and thereafter shall enroll in the courses necessary to complete the curriculum requirements for the Foundation High School Program specified in §74.12 of this title and the curriculum requirements for at least one endorsement specified in §74.13 of this title (relating to Endorsements).(e) A student may graduate under the Foundation High School Program without earning an endorsement if, after the student's sophomore year:(1) the student and the student's parent or person standing in parental relation to the student are advised by a school counselor of the specific benefits of graduating from high school with one or more endorsements; and(2) the student's parent or person standing in parental relation to the student files with a school counselor written permission, on a form adopted by the TEA, allowing the student to graduate under the Foundation High School Program without earning an endorsement.(f) A student may earn a distinguished level of achievement by successfully completing the curriculum requirements for the Foundation High School Program and the curriculum requirements for at least one endorsement required by the Texas Education Code (TEC), §28.025(b-15), including four credits in science and four credits in mathematics to include Algebra II.(g) An out-of-state or out-of-country transfer student (including foreign exchange students) or a transfer student from a Texas nonpublic school is eligible to receive a Texas diploma but must complete all requirements of this section to satisfy state graduation requirements. Any course credit required in this section that is not completed by the student before he or she enrolls in a Texas school district may be satisfied through the provisions of §74.23 of this title (relating to Correspondence Courses and Distance Learning) and §74.24 of this title (relating to Credit by Examination) or by completing the course or courses according to the provisions of §74.26 of this title (relating to Award of Credit).(h) Elective credits may be selected from the following:(1) high school courses not required for graduation that are listed in the following chapters of this title:(A) Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading);(B) Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics);(C) Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science);(D) Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies);(E) Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English);(F) Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education);(G) Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education);(H) Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts);(I) Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Development and Career and Technical Education); and(J) Chapter 130 of this title (relating to Texas Essential Knowledge and Skills for Career and Technical Education);(2) state-approved innovative courses as specified in §74.27 of this title (relating to Innovative Courses and Programs);(3) Junior Reserve Officer Training Corps (JROTC)--one to four credits;(4) Driver Education--one-half credit; and(5) College preparatory English language arts or mathematics courses developed and offered pursuant to the TEC, §28.014.(i) Courses offered for dual credit at or in conjunction with an institution of higher education that provide advanced academic instruction beyond, or in greater depth than, the essential knowledge and skills for the equivalent high school course required for graduation may satisfy graduation requirements, including requirements for required courses, advanced courses, and courses for elective credit as well as requirements for endorsements.(j) A student may not be enrolled in a course that has a required prerequisite unless:(1) the student has successfully completed the prerequisite course(s);(2) the student has demonstrated equivalent knowledge as determined by the school district; or(3) the student was already enrolled in the course in an out-of-state, an out-of-country, or a Texas nonpublic school and transferred to a Texas public school prior to successfully completing the course.(k) A district may exempt a student from a specific career and technical education (CTE) course prerequisite for a CTE course that satisfies a mathematics or science credit if the district determines the student is not using the course to complete a CTE program of study.(l) A district may award credit for a course a student completed without meeting the prerequisites if the student completed the course in an out-of-state, an out-of-country, or a Texas nonpublic school where there was not a prerequisite.(m) A district shall allow a student who successfully completes AP Computer Science A or IB Computer Science Higher Level to satisfy both one advanced mathematics requirement and one languages other than English requirement for graduation.(n) Each school district shall annually report to the TEA the names of the locally developed courses, programs, institutions of higher education, and internships in which the district's students have enrolled as authorized by the TEC, §28.002(g-1). The TEA shall make available information provided under this subsection to other districts. If a district chooses, it may submit any locally developed course for approval under §74.27 of this title as an innovative course.(o) Each school district shall annually report to the TEA the names of cybersecurity courses approved by the board of trustees for credit and the institutions of higher education in which the district's students have enrolled as authorized by the TEC, §28.002(g-3). The TEA shall make available information provided under this subsection to other districts. If a district chooses, it may submit any locally developed course for approval under §74.27 of this title as an innovative course.(p) A school district shall permit a student to comply with the curriculum requirements under the Foundation High School Program by successfully completing appropriate courses in the core curriculum of an institution of higher education (IHE). A student who has completed the core curriculum of an IHE in accordance with TEC, §61.822, as certified by the IHE in accordance with §4.28 of this title (relating to Core Curriculum):(1) is considered to have earned an endorsement by successfully completing the appropriate courses for that endorsement;(2) is considered to have earned a distinguished level of achievement under the Foundation High School Program; and(3) is entitled to receive a high school diploma.</content><note type="source"><p>Source Note: The provisions of this §74.11 adopted to be effective July 8, 2014, 39 TexReg 5149; amended to be effective August 22, 2016, 41 TexReg 5039; amended to be effective August 27, 2018, 43 TexReg 4190; amended to be effective November 24, 2019, 44 TexReg 7050; amended to be effective August 1, 2020, 45 TexReg 4178; amended to be effective August 1, 2021, 46 TexReg 3874; amended to be effective August 1, 2022, 47 TexReg 4502.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scB/s74.12"><num value="74.12">§74.12</num><heading>Foundation High School Program</heading><content>(a) Credits. A student must earn at least 22 credits to complete the Foundation High School Program.(b) Core courses. A student must demonstrate proficiency in the following.(1) English language arts--four credits. Two of the credits must consist of English I and II. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.) A third credit must consist of English III, a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation, or a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010). A fourth credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:(A) English IV;(B) Independent Study in English;(C) Literary Genres;(D) Creative Writing;(E) Research and Technical Writing;(F) Humanities;(G) Public Speaking III;(H) Communication Applications, which must be combined with another half credit from the other courses listed in subparagraphs (A)-(G) and (I)-(S) of this paragraph;(I) Oral Interpretation III;(J) Debate III;(K) Independent Study in Speech;(L) Independent Study in Journalism;(M) Advanced Broadcast Journalism III;(N) Advanced Journalism: Newspaper III;(O) Advanced Journalism: Yearbook III;(P) a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation;(Q) a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010);(R) after the successful completion of English I, II, and III, a locally developed English language arts course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the Texas Education Code (TEC), §28.002(g-1);(S) Business English; and(T) a college preparatory English language arts course that is developed pursuant to the TEC, §28.014.(2) Mathematics--three credits. Two of the credits must consist of Algebra I and Geometry.(A) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses or a credit selected from the courses listed in subparagraph (B) of this paragraph:(i) Mathematical Models with Applications;(ii) Mathematical Applications in Agriculture, Food, and Natural Resources;(iii) Digital Electronics;(iv) Financial Mathematics;(v) Applied Mathematics for Technical Professionals;(vi) Accounting II;(vii) Manufacturing Engineering Technology II; and(viii) Robotics II.(B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:(i) Algebra II;(ii) Precalculus;(iii) Advanced Quantitative Reasoning;(iv) Independent Study in Mathematics;(v) Discrete Mathematics for Problem Solving;(vi) Algebraic Reasoning;(vii) Statistics;(viii) a comparable AP mathematics course that does not count toward another credit required for graduation;(ix) AP Computer Science A;(x) IB Computer Science Higher Level;(xi) Engineering Mathematics;(xii) Statistics and Business Decision Making;(xiii) Mathematics for Medical Professionals;(xiv) Discrete Mathematics for Computer Science;(xv) pursuant to the TEC, §28.025(b-5), after the successful completion of Algebra II, a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses offered under this clause; and(xvi) after the successful completion of Algebra I and Geometry, a locally developed mathematics course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1).(C) One credit of a two-credit IB mathematics course selected from Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics) may satisfy the additional mathematics credit.(3) Science--three credits. One credit must consist of Biology or a comparable AP or IB biology course.(A) One credit must be selected from the following laboratory-based courses:(i) Integrated Physics and Chemistry;(ii) Chemistry;(iii) Physics;(iv) Physics for Engineering; and(v) a comparable AP or IB chemistry or physics course that does not count toward another credit required for graduation.(B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following laboratory-based courses:(i) Chemistry;(ii) Physics;(iii) Aquatic Science;(iv) Astronomy;(v) Earth Systems Science;(vi) Environmental Systems;(vii) Specialized Topics in Science;(viii) a comparable AP science course that does not count toward another credit required for graduation;(ix) Advanced Animal Science;(x) Advanced Plant and Soil Science;(xi) Anatomy and Physiology;(xii) Medical Microbiology;(xiii) Pathophysiology;(xiv) Food Science;(xv) Forensic Science;(xvi) Biotechnology I;(xvii) Biotechnology II;(xviii) Physics for Engineering;(xix) Scientific Research and Design;(xx) Engineering Design and Problem Solving;(xxi) Engineering Science;(xxii) pursuant to the TEC, §28.025(b-5), after the successful completion of physics, a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses offered under this clause;(xxiii) a locally developed science course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1); and(xxiv) one credit of a two-credit IB science course selected from Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science).(C) Credit may not be earned for both physics and Physics for Engineering to satisfy science credit requirements.(4) Social studies--three credits.(A) One credit must consist of United States History Studies Since 1877.(B) One-half credit must consist of United States Government. (C) One-half credit must be selected from the following:(i) Economics with Emphasis on the Free Enterprise System and Its Benefits; or(ii) Personal Financial Literacy/Economics.(D) One credit must be selected from the following:(i) World History Studies;(ii) World Geography Studies; or(iii) a comparable AP or IB world history or world geography course that does not count toward another credit required for graduation.(5) Languages other than English (LOTE)--two credits.(A) The credits may be selected from the following:(i) any two levels in the same language, including comparable AP or IB language courses that do not count toward another credit required for graduation; or(ii) two credits in computer programming languages, including computer coding, to be selected from Computer Science I, II, and III, AP Computer Science Principles, AP Computer Science A, IB Computer Science Standard Level, and IB Computer Science Higher Level.(B) A single two-credit IB LOTE course may only satisfy one LOTE requirement.(C) If a student, in completing the first credit of LOTE, demonstrates that the student is unlikely to be able to complete the second credit, the student may substitute another appropriate course as follows:(i) Special Topics in Language and Culture;(ii) World History Studies or World Geography Studies for a student who is not required to complete both by the local district; (iii) another credit selected from Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English); or(iv) computer programming languages, including computer coding.(D) The determination regarding a student's ability to complete the second credit of LOTE must be agreed to by:(i) the teacher of the first LOTE credit course or another LOTE teacher designated by the school district, the principal or designee, and the student's parent or person standing in parental relation;(ii) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or(iii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.(E) A student, who due to a disability, is unable to complete two credits in the same language in a language other than English, may substitute a combination of two credits that are not being used to satisfy another specific graduation requirement selected from English language arts, mathematics, science, or social studies or two credits in career and technical education for the LOTE credit requirements. The determination regarding a student's ability to complete the LOTE credit requirements will be made by:(i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or(ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.(F) A student who successfully completes a dual language immersion/two-way or dual language immersion/one-way program in accordance with §89.1210(d)(3) and (4) of this title (relating to Program Content and Design), §89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model), and §89.1228 of this title (relating to Two-Way Dual Language Immersion Program Model Implementation) at an elementary school may satisfy one credit of the two credits required in a language other than English.(i) To successfully complete a dual language immersion program, a student must:(I) have participated in a dual language immersion program for at least five consecutive school years;(II) achieve high levels of academic competence as demonstrated by performance of meets or masters grade level on both the mathematics and reading State of Texas Assessments of Academic Readiness (STAARÂ®) in English or Spanish, as applicable, in at least one grade level; and(III) achieve proficiency in both English and a language other than English as demonstrated by scores of proficient or higher in the reading and speaking domains on language proficiency or achievement tests in both languages.(ii) The second credit of a language other than English must be in the same language as the successfully completed dual language immersion program.(G) A student who successfully completes a course in American Sign Language while in elementary school may satisfy one credit of the two credits required in a language other than English.(6) Physical education--one credit.(A) The required credit may be selected from one full credit or a combination of two half credits from two different courses from the following courses:(i) Lifetime Fitness and Wellness Pursuits;(ii) Lifetime Recreation and Outdoor Pursuits; and(iii) Skill-Based Lifetime Activities.(B) In accordance with local district policy, the required credit may be earned through completion of any Texas essential knowledge and skills-based course that meets the requirement in subparagraph (E) of this paragraph for 100 minutes of moderate to vigorous physical activity per five-day school week and that is not being used to satisfy another specific graduation requirement.(C) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:(i) Athletics;(ii) Junior Reserve Officer Training Corps (JROTC); and(iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.(I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.(II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.(D) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:(i) Drill Team;(ii) Marching Band; and(iii) Cheerleading.(E) All substitution activities allowed in subparagraphs (B)-(D) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.(F) Credit may not be earned more than once for the courses identified in subparagraph (A)(i) and (iii) of this paragraph. Credit may not be earned more than twice for the course identified in subparagraph (A)(ii) of this paragraph. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B)-(D) of this paragraph.(G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) or a course that is offered for credit as provided by the TEC, §28.002(g-1), for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:(i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A;(ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or(iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.(7) Fine arts--one credit.(A) The credit may be selected from the following courses subject to prerequisite requirements:(i) Art, Level I, II, III, or IV;(ii) Dance, Level I, II, III, or IV;(iii) Music, Level I, II, III, or IV;(iv) Music Studies;(v) Theatre, Level I, II, III, or IV;(vi) Musical Theatre, Level I, II, III, or IV;(vii) Technical Theatre, Level I, II, III, or IV;(viii) IB Film Standard or Higher Level;(ix) Floral Design;(x) Digital Art and Animation; and(xi) 3-D Modeling and Animation.(B) In accordance with local district policy, credit may be earned through participation in a community-based fine arts program not provided by the school district in which the student is enrolled. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in fine arts. Approval may be granted if the fine arts program provides instruction in the essential knowledge and skills identified for a fine arts course as defined by Chapter 117, Subchapter C, of this title (relating to High School, Adopted 2013).(c) Elective courses--five credits. The credits must be selected from the list of courses specified in §74.11(g) or (h) of this title (relating to High School Graduation Requirements) or from a locally developed course or activity developed pursuant to the TEC, §28.002(g-1), for which a student may receive credit and that does not satisfy a specific course requirement.(d) Substitutions. No substitutions are allowed in the Foundation High School Program, except as specified in this chapter.</content><note type="source"><p>Source Note: The provisions of this §74.12 adopted to be effective July 8, 2014, 39 TexReg 5149; amended to be effective August 22, 2016, 41 TexReg 5039; amended to be effective August 28, 2017, 42 TexReg 3139; amended to be effective August 27, 2018, 43 TexReg 4190; amended to be effective August 1, 2019, 44 TexReg 3802; amended to be effective August 1, 2020, 45 TexReg 4178; amended to be effective August 1, 2022, 47 TexReg 4502; amended to be effective August 1, 2024, 49 TexReg 5501; amended to be effective August 1, 2025, 50 TexReg 3569.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scB/s74.13"><num value="74.13">§74.13</num><heading>Endorsements</heading><content>(a) A student shall specify in writing an endorsement the student intends to earn upon entering Grade 9.(b) A district shall permit a student to enroll in courses under more than one endorsement before the student's junior year and to choose, at any time, to earn an endorsement other than the endorsement the student previously indicated. This section does not entitle a student to remain enrolled to earn more than 26 credits.(c) A student must earn at least 26 credits to earn an endorsement.(d) A school district may define advanced courses and determine a coherent sequence of courses for an endorsement area, provided that prerequisites in Chapters 110-117, 127, and 130 of this title are followed.(e) To earn an endorsement a student must demonstrate proficiency in the following.(1) The curriculum requirements for the Foundation High School Program as defined by §74.12 of this title (relating to Foundation High School Program).(2) A fourth credit in mathematics that may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:(A) Algebra II;(B) Precalculus;(C) Advanced Quantitative Reasoning;(D) Independent Study in Mathematics;(E) Discrete Mathematics for Problem Solving;(F) Algebraic Reasoning;(G) Statistics;(H) a comparable Advanced Placement (AP) mathematics course that does not count toward another credit required for graduation; (I) AP Computer Science A;(J) International Baccalaureate (IB) Computer Science Higher Level;(K) Engineering Mathematics;(L) Statistics and Business Decision Making;(M) Mathematics for Medical Professionals;(N) Discrete Mathematics for Computer Science;(O) pursuant to the Texas Education Code (TEC), §28.025(b-5), after the successful completion of Algebra II, a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses offered under this subparagraph; and(P) after the successful completion of Algebra I and Geometry, a locally developed mathematics course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1).(3) A student may complete a course listed in paragraph (2) of this subsection before or after completing a course listed in §74.12(b)(2)(A) of this title.(4) The fourth mathematics credit may be a college preparatory mathematics course that is developed and offered pursuant to the TEC, §28.014.(5) The fourth mathematics credit may be satisfied with one credit of a two-credit IB mathematics course selected from Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics) that does not count toward another credit required for graduation.(6) An additional credit in science that may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:(A) Chemistry;(B) Physics;(C) Aquatic Science;(D) Astronomy;(E) Earth Systems Science;(F) Environmental Systems;(G) Specialized Topics in Science;(H) a comparable AP science course that does not count toward another credit required for graduation;(I) Advanced Animal Science;(J) Advanced Plant and Soil Science;(K) Anatomy and Physiology;(L) Medical Microbiology;(M) Pathophysiology;(N) Food Science;(O) Forensic Science;(P) Biotechnology I;(Q) Biotechnology II;(R) Physics for Engineering;(S) Scientific Research and Design;(T) Engineering Design and Problem Solving;(U) Engineering Science;(V) pursuant to the TEC, §28.025(b-5), after the successful completion of physics, a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses offered under this subparagraph;(W) a locally developed science course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1);(X) pursuant to the TEC, §28.025(c-3), a student pursuing an arts and humanities endorsement who has the written permission of the student's parent or a person standing in parental relation to the student may substitute a course that is not being used to satisfy another specific graduation requirement selected from:(i) Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading);(ii) Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies);(iii) Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English); or(iv) Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts); and(Y) credit may not be earned for both physics and Physics for Engineering to satisfy science credit requirements.(Z) The fourth science credit may be satisfied with one credit of a two-credit IB science course selected from Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science) that does not count toward another credit required for graduation.(7) Two additional elective credits that may be selected from the list of courses specified in §74.11(g) or (h) of this title (relating to High School Graduation Requirements).(f) A student may earn any of the following endorsements.(1) Science, technology, engineering, and mathematics (STEM). Students who entered high school prior to the 2022-2023 school year may earn a STEM endorsement by completing the requirements specified in subsection (e) of this section, including Algebra II, chemistry, and physics or Physics for Engineering and:(A) a coherent sequence of courses for four or more credits in career and technical education (CTE) that consists of at least two courses in the same career cluster and at least one advanced CTE course. The courses may be selected from Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Development and Career and Technical Education) or CTE innovative courses. The final course in the sequence must be selected from Chapter 127, Subchapter O, of this title (relating to Science, Technology, Engineering, and Mathematics) as it existed prior to August 1, 2025, or Career Preparation I or II (Career Preparation General or Career Preparation for Programs of Study) and Project-Based Research (Career and Technical Education Project-Based Capstone) in Chapter 127, Subchapter B, of this title (relating to High School), if the course addresses a STEM-related field;(B) courses required to complete a TEA-designated program of study related to STEM;(C) three credits in mathematics by successfully completing Algebra II and two additional mathematics courses for which Algebra II is a prerequisite by selecting courses from subsection (e)(2) of this section;(D) four credits in science by successfully completing chemistry, physics, and two additional science courses by selecting courses from subsection (e)(6) of this section; or(E) in addition to Algebra II, chemistry, and physics, a coherent sequence of three additional credits from no more than two of the categories or disciplines represented by subparagraphs (A), (B), (C), and (D) of this paragraph.(2) Business and industry. Students who entered high school prior to the 2022-2023 school year may earn a business and industry endorsement by completing the requirements specified in subsection (e) of this section and:(A) a coherent sequence of courses for four or more credits in CTE that consists of at least two courses in the same career cluster and at least one advanced CTE course. The courses may be selected from Chapter 127 of this title or CTE innovative courses. The final course in the sequence must be selected from one of the following:(i) Chapter 127, Subchapter C, of this title (related to Agriculture, Food, and Natural Resources);(ii) Chapter 127, Subchapter D, of this title (relating to Architecture and Construction;(iii) Chapter 127, Subchapter E, of this title (relating to Arts, Audio/Video Technology, and Communications);(iv) Chapter 127, Subchapter F, of this title (relating to Business, Marketing, and Finance);(v) Chapter 127, Subchapter H, of this title (relating to Energy);(vi) Chapter 127, Subchapter K, of this title (relating to Hospitality and Tourism);(vii) Chapter 127, Subchapter M, of this title (relating to Information Technology);(viii) Chapter 127, Subchapter O, of this title (relating to Manufacturing);(ix) Chapter 127, Subchapter P, of this title (relating to Transportation, Distribution, and Logistics); or(x) Career Preparation I or II (Career Preparation General or Career Preparation for Programs of Study) and Project-Based Research (Career and Technical Education Project-Based Capstone) in Chapter 127, Subchapter B, of this title if the course addresses a career from a field listed in clauses (i)-(ix) of this subparagraph;(B) courses required to complete a TEA-designated program of study related to business and industry;(C) four English credits by selecting courses from Chapter 110 of this title to include three levels in one of the following areas:(i) public speaking;(ii) debate;(iii) advanced broadcast journalism;(iv) advanced journalism: newspaper;(v) advanced journalism: yearbook; or(vi) advanced journalism: literary magazine; or(D) a coherent sequence of four credits from subparagraph (A), (B), or (C) of this paragraph.(3) Public services. Students who entered high school prior to the 2022-2023 school year may earn a public services endorsement by completing the requirements specified in subsection (e) of this section and:(A) a coherent sequence of courses for four or more credits in CTE that consists of at least two courses in the same career cluster and at least one advanced CTE course. The courses may be selected from Chapter 127 of this title or CTE innovative courses. The final course in the sequence must be selected from one of the following:(i) Chapter 127, Subchapter G, of this title (relating to Education and Training);(ii) Chapter 127, Subchapter J, of this title (relating to Health Science);(iii) Chapter 127, Subchapter L, of this title (relating to Human Services);(iv) Chapter 127, Subchapter N, of this title (relating to Law and Public Service); or(v) Career Preparation I or II (Career Preparation General or Career Preparation for Programs of Study) and Project-Based Research (Career and Technical Education Project-Based Capstone) in Chapter 127, Subchapter B, of this title if the course addresses a field from a cluster listed in clauses (i)-(iv) of this subparagraph;(B) courses required to complete a TEA-designated program of study related to public services; or(C) four courses in Junior Reserve Officer Training Corps (JROTC).(4) Arts and humanities. A student may earn an arts and humanities endorsement by completing the requirements specified in subsection (e) of this section and:(A) five social studies credits by selecting courses from Chapter 113 of this title; or(B) four levels of the same language in a language other than English by selecting courses in accordance with Chapter 114 of this title, which may include Advanced Language for Career Applications; or(C) two levels of the same language in a language other than English and two levels of a different language in a language other than English by selecting courses in accordance with Chapter 114 of this title; or(D) four levels of American sign language by selecting courses in accordance with Chapter 114 of this title; or(E) a coherent sequence of four credits by selecting courses from one or two categories or disciplines in fine arts from Chapter 117 of this title or innovative courses approved by the commissioner; or(F) four English credits by selecting from the following:(i) English IV; or(ii) Independent Study in English; or(iii) Literary Genres; or(iv) Creative Writing; or(v) Research and Technical Writing; or(vi) Humanities; or(vii) Communication Applications; or(viii) AP English Literature and Composition; or(ix) AP English Language and Composition; or(x) IB Language Studies A: Language and Literature Standard Level; or(xi) IB Language Studies A: Language and Literature Higher Level; or(xii) IB Language Studies A: Literature Standard Level; or(xiii) IB Language Studies A: Literature Higher Level; or(xiv) IB Literature and Performance Standard Level.(5) Multidisciplinary studies. A student may earn a multidisciplinary studies endorsement by completing the requirements specified in subsection (e) of this section and:(A) four advanced courses that prepare a student to enter the workforce successfully or postsecondary education without remediation from within one endorsement area or among endorsement areas that are not in a coherent sequence; or(B) four credits in each of the four foundation subject areas to include chemistry and/or physics and English IV or a comparable AP or IB English course; or(C) four credits in Advanced Placement, International Baccalaureate, or dual credit selected from English, mathematics, science, social studies, economics, languages other than English, or fine arts.(6) STEM. Students who entered high school in the 2022-2023 school year or later may earn a STEM endorsement by completing the requirements specified in subsection (e) of this section, including Algebra II, chemistry, and physics or Physics for Engineering and:(A) courses required to be designated a CTE completer in one of the following TEA-approved programs of study related to STEM:(i) biomedical sciences;(ii) civil engineering;(iii) cybersecurity;(iv) electrical engineering;(v) engineering foundations;(vi) geospatial engineering and land surveying;(vii) mechanical and aerospace engineering;(viii) networking systems;(ix) nursing science;(x) programming and software development;(xi) renewable energy;(xii) robotics and automation technology; or(xiii) web development;(B) three credits in mathematics by successfully completing Algebra II and two additional mathematics courses for which Algebra II is a prerequisite by selecting courses from subsection (e)(2) of this section;(C) four credits in science by successfully completing chemistry, physics, and two additional science courses by selecting courses from subsection (e)(6) of this section; or(D) in addition to chemistry, physics, and Algebra II, one additional mathematics course listed in subsection (e)(2) of this section for which Algebra II is a prerequisite and one additional science course listed in subsection (e)(6) of this section.(7) Business and industry. Students who entered high school in the 2022-2023 school year or later may earn a business and industry endorsement by completing the requirements specified in subsection (e) of this section and:(A) courses required to be designated a CTE completer in one of the following TEA-approved programs of study related to business and industry:(i) accounting and financial services;(ii) agriculture business, leadership, and communications; (iii) agricultural technology and mechanical systems;(iv) animal science;(v) architectural drafting and design;(vi) automotive and collision repair;(vii) aviation maintenance;(viii) aviation pilots;(ix) business management;(x) carpentry;(xi) construction management and inspection;(xii) cosmetology;(xiii) culinary arts;(xiv) diesel and heavy equipment maintenance and commercial drivers;(xv) digital communications;(xvi) distribution, logistics, and warehousing;(xvii) drone (unmanned vehicle);(xviii) electrical;(xix) entrepreneurship;(xx) environmental and natural resources;(xxi) food science and technology;(xxii) graphic design and interactive media;(xxiii) HVAC and sheet metal;(xxiv) industrial maintenance;(xxv) information technology support and services;(xxvi) lodging and resort management;(xxvii) manufacturing technology;(xxviii) maritime;(xxix) marketing and sales;(xxx) masonry;(xxxi) oil and gas exploration and production;(xxxii) plant science;(xxxiii) plumbing and pipefitting;(xxxiv) printing and imaging;(xxxv) real estate;(xxxvi) refining and chemical processes;(xxxvii) retail management;(xxxviii) travel, tourism, and attractions; or(xxxix) welding;(B) courses required to be designated a CTE completer in one of the following TEA-approved programs of study related to business and industry, if the mathematics and science requirements for the STEM endorsement are not met:(i) civil engineering;(ii) cybersecurity;(iii) electrical engineering;(iv) engineering foundations;(v) geospatial engineering and land surveying;(vi) mechanical and aerospace engineering;(vii) networking systems;(viii) programming and software development;(ix) renewable energy;(x) robotics and automation technology; or(xi) web development; or(C) four English credits by selecting courses from Chapter 110 of this title to include three levels in one of the following areas:(i) public speaking;(ii) debate;(iii) advanced broadcast journalism;(iv) advanced journalism: newspaper;(v) advanced journalism: yearbook; or(vi) advanced journalism: literary magazine.(8) Public services. Students who entered high school in the 2022-2023 school year or later may earn a public services endorsement by completing the requirements specified in subsection (e) of this section and:(A) courses required to be designated a CTE completer in one of the following TEA-approved programs of study related to public services:(i) biomedical science, if the mathematics and science requirements for the STEM are not met;(ii) diagnostic and therapeutic services;(iii) early learning;(iv) exercise science, wellness, and restoration;(v) family and community services;(vi) fire science;(vii) government and public administration;(viii) health and wellness;(ix) health informatics;(x) law enforcement;(xi) legal studies;(xii) nursing science, if the mathematics and science requirements for the STEM are not met; or(xiii) teaching and training; or(B) four courses in Junior Reserve Officer Training Corps (JROTC).(g) A course completed as part of the set of four courses needed to satisfy an endorsement requirement may also satisfy a requirement under §74.12(b) and (c) of this title and subsection (e)(2), (4), (5), and (6) of this section, including an elective requirement. The same course may count as part of the set of four courses for more than one endorsement.</content><note type="source"><p>Source Note: The provisions of this §74.13 adopted to be effective July 8, 2014, 39 TexReg 5149; amended to be effective August 22, 2016, 41 TexReg 5039; amended to be effective August 28, 2017, 42 TexReg 3139; amended to be effective August 27, 2018, 43 TexReg 4190; amended to be effective August 1, 2019, 44 TexReg 3802; amended to be effective August 1, 2020, 45 TexReg 4178; amended to be effective August 1, 2022, 47 TexReg 4502; amended to be effective August 1, 2024, 49 TexReg 5501; amended to be effective August 1, 2025, 50 TexReg 3569.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scB/s74.14"><num value="74.14">§74.14</num><heading>Performance Acknowledgments</heading><content>(a) A student may earn a performance acknowledgment on the student's transcript for outstanding performance in a dual credit course by successfully completing:(1) at least 12 hours of college academic courses, including those taken for dual credit as part of the Texas core curriculum, and advanced technical credit courses, including locally articulated courses, with a grade of the equivalent of 3.0 or higher on a scale of 4.0; or(2) an associate degree while in high school.(b) A student may earn a performance acknowledgment on the student's transcript for outstanding performance in bilingualism and biliteracy as follows.(1) A student may earn a performance acknowledgment by demonstrating proficiency in accordance with local school district grading policy in two or more languages by:(A) completing all English language arts requirements and maintaining a minimum grade point average (GPA) of the equivalent of 80 on a scale of 100; and(B) satisfying one of the following:(i) completion of a minimum of three credits in the same language in a language other than English with a minimum GPA of the equivalent of 80 on a scale of 100; or(ii) demonstrated proficiency in the Texas Essential Knowledge and Skills for Level IV or higher in a language other than English with a minimum GPA of the equivalent of 80 on a scale of 100; or(iii) completion of at least three credits in foundation subject area courses in a language other than English with a minimum GPA of 80 on a scale of 100; or(iv) demonstrated proficiency in one or more languages other than English through one of the following methods:(I) a score of 3 or higher on a College Board Advanced Placement examination for a language other than English; or(II) a score of 4 or higher on an International Baccalaureate examination for a higher-level languages other than English course; or(III) performance on a national assessment of language proficiency in a language other than English of at least Intermediate High or its equivalent.(2) In addition to meeting the requirements of paragraph (1) of this subsection, to earn a performance acknowledgment in bilingualism and biliteracy, an emergent bilingual student must also have:(A) participated in and met the exit criteria for a bilingual or English as a second language (ESL) program; and(B) scored at the Advanced High level on the Texas English Language Proficiency Assessment System (TELPAS).(c) A student may earn a performance acknowledgment on the student's transcript for outstanding performance on a College Board Advanced Placement test or International Baccalaureate examination by earning:(1) a score of 3 or above on a College Board Advanced Placement examination; or(2) a score of 4 or above on an International Baccalaureate examination.(d) A student may earn a performance acknowledgment on the student's transcript for outstanding performance on an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument used to measure a student's progress toward readiness for college and the workplace or on an established valid, reliable, and nationally norm-referenced assessment instrument used by colleges and universities as part of their undergraduate admissions process by:(1) earning a score on the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQTÂ®) that qualifies the student for recognition as a commended scholar or higher by the National Merit Scholarship Corporation or as an awardee of the National Recognition Programs of the College Board;(2) earning a composite score of 442 on the ACT Aspire™ examination;(3) earning a composite score of 29 on the ACT PreACT® examination;(4) earning a total score of at least 1350 on the SAT®; or(5) earning a composite score on the ACT® examination of 29 (excluding the writing subscore).(e) A student may earn a performance acknowledgment on the student's transcript for earning a state-recognized or nationally or internationally recognized business or industry certification or license as follows.(1) A student may earn a performance acknowledgment with:(A) performance on an examination or series of examinations sufficient to obtain a nationally or internationally recognized business or industry certification; or(B) performance on an examination sufficient to obtain a government-required credential to practice a profession.(2) Nationally or internationally recognized business or industry certification shall be defined as an industry-validated credential that complies with knowledge and skills standards promulgated by a nationally or internationally recognized business, industry, professional, or government entity representing a particular profession or occupation that is issued by or endorsed by:(A) a national or international business, industry, or professional organization;(B) a state agency or other government entity; or(C) a state-based industry association.(3) Certifications or licensures for performance acknowledgements shall:(A) be age appropriate for high school students;(B) represent a student's substantial course of study and/or end-of-program knowledge and skills;(C) include an industry-recognized examination or series of examinations, an industry-validated skill test, or demonstrated proficiency through documented, supervised field experience; and(D) represent substantial knowledge and multiple skills needed for successful entry into a high-skill occupation.</content><note type="source"><p>Source Note: The provisions of this §74.14 adopted to be effective July 8, 2014, 39 TexReg 5149; amended to be effective August 22, 2016, 41 TexReg 5039; amended to be effective August 27, 2018, 43 TexReg 4190; amended to be effective August 1, 2022, 47 TexReg 4502.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING HIGH SCHOOL GRADUATION</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scBB/s74.1023"><num value="74.1023">§74.1023</num><heading>Financial Aid Application Requirement for High School Graduation</heading><content>(a) In accordance with Texas Education Code (TEC), §28.0256, beginning with students enrolled in Grade 12 during the 2021-2022 school year, a student shall complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA) as a requirement for receiving a high school diploma.(b) A student may opt out of the financial aid application requirement in subsection (a) of this section under one of the following conditions:(1) the student's parent or other person standing in parental relation submits a signed form indicating that the parent or other person authorizes the student to decline to complete and submit the financial aid application;(2) the student signs and submits the form described by paragraph (1) of this subsection on the student's own behalf if the student is 18 years of age or older or is emancipated under the Texas Family Code, Chapter 31; or(3) a school counselor signs and submits the form described by paragraph (1) of this subsection indicating that the school counselor authorizes the student to decline to complete and submit the financial aid application for good cause, as determined by the school counselor.(c) The board of trustees for each school district and open-enrollment charter school shall adopt the standard opt-out form provided by the Texas Education Agency (TEA) for the purpose of the exceptions under subsection (b) of this section.(1) The opt-out form shall be available in English, Spanish, and any other language spoken by a majority of the students enrolled in a bilingual education or special language program under TEC, Chapter 29, Subchapter B, in the district or charter school. Districts and charter schools are responsible for translations not provided by TEA.(2) The opt-out form must include the student's signature of intent to decline to complete a financial aid application prior to the student's anticipated graduation date.(d) Each school district and open-enrollment charter school shall provide students with the following notifications regarding the financial aid application requirement.(1) Standard information regarding the financial aid requirement and the exceptions under subsection (b) of this section shall be provided at the time a student first registers for one or more classes required for high school graduation.(2) Detailed information regarding instructions for the completion and submission of a financial aid application shall be provided to a student at the beginning of Grade 12 or at the time a student in Grade 12 transfers into a high school from a non-public school or a public school outside of Texas. The instructions shall include:(A) an explanation of the FAFSA and TASFA and the difference between the two;(B) instructions for how to access the FAFSA and TASFA, including key dates and deadlines for completion and submission;(C) resources available to support completion and submission of the FAFSA and TASFA;(D) documents and information required to complete the FAFSA or TASFA; and(E) contact information for school staff or local community resources available to support completion of the forms.(3) Options available to a student under subsection (b) of this section if a student wishes to decline to complete and submit a financial aid application shall be provided to a student at the beginning of Grade 12 or at the time a student in Grade 12 transfers into a high school from a non-public school or a public school outside of Texas. The options shall include:(A) the opt-out form and explanation of required signatures; and(B) notification that if the student chooses to opt out for the purposes of graduation, the student will still be eligible to complete the FAFSA or TASFA that year or in subsequent years.(e) Each school district and open-enrollment charter school shall require one of the following methods of proof that a student has completed and submitted the FAFSA or TASFA as required by this section.(1) Completion and submission of the FAFSA shall be confirmed through one of the following methods:(A) ApplyTexas Counselor Suite FAFSA data;(B) notification from the United States Department of Education that demonstrates a student has completed and submitted a FAFSA; or(C) a local policy developed by a school district or an open-enrollment charter school for the method by which a student must provide proof that the student has completed a FAFSA.(2) School districts and open-enrollment charter schools shall develop a local policy for the method by which a student must provide proof that the student has completed a TASFA.(f) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the following information not later than December 1 of each school year for students awarded diplomas in the previous school year:(1) the number of students who completed and submitted a financial aid application; and(2) the number of students who submitted an exception.(g) Each school district and open-enrollment charter school shall maintain student financial aid application information securely and ensure compliance with federal law regarding the confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.</content><note type="source"><p>Source Note: The provisions of this §74.1023 adopted to be effective October 26, 2021, 46 TexReg 7208.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scBB/s74.1025"><num value="74.1025">§74.1025</num><heading>Individual Graduation Committee Review</heading><content>(a) Effective beginning with the 2014-2015 school year, in accordance with the Texas Education Code (TEC), §28.0258, §101.3022 of this title (relating to Assessment Requirements for Graduation), and the course requirements in Chapter 74, Subchapter B, of this title (relating to Graduation Requirements), a school district or an open-enrollment charter school may award a high school diploma to a student who has taken but failed to achieve the end-of-course (EOC) assessment graduation requirements for no more than two courses if the student has qualified to graduate by means of an individual graduation committee.(b) A school district or an open-enrollment charter school shall establish an individual graduation committee at the end of or after a student's 11th grade year to determine whether the student may qualify to graduate. A student may not qualify to graduate as a result of an individual graduation committee decision before the student's 12th grade year.(c) A school district or an open-enrollment charter school may not establish an initial individual graduation committee for eligible students after June 10 or before the start of the next school year. Once the individual graduation committee has been established, it is the original individual graduation committee for that student.(d) In order for a student to be included as a graduate in the school district's or charter school's graduation data in the school year in which the student meets the requirements provided by law to graduate under individual graduation committee provisions, an individual graduation committee must make a decision to award a diploma no later than August 31 immediately following that school year. A student who graduates as a result of an individual graduation committee decision after August 31 shall be reported in the subsequent year's graduation data.(e) If a student leaves a school district after an original individual graduation committee has been established and before that original individual graduation committee awards a high school diploma to the student, any other district that later enrolls the student shall request information from the student's original individual graduation committee of record and shall implement the original individual graduation committee recommendations to the extent possible.(f) The individual graduation committee shall consist of the following:(1) the principal or principal's designee;(2) for each EOC assessment instrument on which the student failed to perform satisfactorily, the teacher of the course;(3) the department chair or lead teacher supervising the teacher described by paragraph (2) of this subsection; and(4) as applicable:(A) the student's parent or person standing in parental relation to the student;(B) a designated advocate if the person described by subparagraph (A) of this paragraph is unable to serve; or(C) the student, at the student's option, if the student is at least 18 years of age or is an emancipated minor.(g) In the event that the teacher identified in subsection (f)(2) of this section is unavailable, the principal shall designate as an alternate member of the committee a teacher certified in the subject of the EOC assessment on which the student failed to perform satisfactorily and who is most familiar with the student's performance in that subject area.(h) In the event that the individual identified in subsection (f)(3) of this section is unavailable, the principal shall designate as an alternate member of the committee an experienced teacher certified in the subject of the EOC assessment on which the student failed to perform satisfactorily and who is familiar with the content of and instructional practices for the applicable course.(i) In the event that the student's parent or person standing in parental relation to the student is unavailable to participate in the individual graduation committee, the principal shall designate an advocate with knowledge of the student to serve as an alternate member of the committee.(j) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the following:(1) the number of students each school year for which an individual graduation committee is established; and(2) the number of students each school year who are awarded a diploma based on the decision of an individual graduation committee.(k) A district shall maintain documentation to support the decision of the individual graduation committee to award or not award a student a high school diploma.(l) This section only applies to a student classified by the school district or open-enrollment charter school as an 11th or 12th grade student in the 2014-2015 school year or thereafter.(m) Provisions of this section expire September 1, 2023. A student may graduate by means of an individual graduation committee if the student has qualified for an individual graduation committee under the TEC, §28.0258, and the individual graduation committee convened prior to September 1, 2023.(n) A student receiving special education services is not subject to the individual graduation committee requirements in the TEC, §28.0258, or the provisions of this section. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.</content><note type="source"><p>Source Note: The provisions of this §74.1025 adopted to be effective April 19, 2016, 41 TexReg 2745; amended to be effective February 27, 2018, 43 TexReg 1090; amended to be effective February 10, 2020, 45 TexReg 893.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scBB/s74.1027"><num value="74.1027">§74.1027</num><heading>Diplomas for Certain Individuals Who Entered Grade 9 Before 2011-2012 School Year</heading><content>(a) Effective beginning with the 2017-2018 school year, in accordance with the Texas Education Code (TEC), §28.02541, a school district or an open-enrollment charter school may award a high school diploma to an individual who:(1) entered Grade 9 before the 2011-2012 school year;(2) successfully completed the curriculum requirements for high school graduation applicable to the individual when the individual entered Grade 9;(3) has not performed satisfactorily on an assessment instrument or a part of an assessment instrument required for high school graduation, including an alternate assessment instrument offered under TEC, §39.025(c-2);(4) has been administered at least three times the required subject-areas test(s), including an alternate assessment as specified in paragraph (3) of this subsection, for which the individual has not performed satisfactorily on the exit-level assessment instrument applicable to the individual when the individual entered Grade 9; and(5) meets the alternative requirements for graduation in accordance with subsection (c) of this section or the local alternative requirements approved by the board of trustees in accordance with subsection (d) of this section.(b) The school district or open-enrollment charter school in which the individual is enrolled or was last enrolled shall determine whether the individual may qualify to graduate and receive a high school diploma on the basis of the alternative requirements for graduation.(c) The alternative requirements for graduation shall permit an individual to qualify to graduate and receive a high school diploma if the individual:(1) has met the performance standard on an alternate assessment as specified in §101.4003 of this title (relating to Texas Assessment of Knowledge and Skills Exit-Level Alternate Assessments);(2) has performed satisfactorily on the applicable subject-area test of a state-approved high school equivalency examination in accordance with §89.43(a)(4) of this title (relating to Eligibility for a Texas Certificate of High School Equivalency);(3) provides evidence of attainment of a Texas Education Agency-approved industry-recognized postsecondary license or certification;(4) provides evidence of current active duty service in the armed forces or a DD Form 214 indicating honorable or general discharge from the armed forces; or(5) has successfully completed college-level coursework and earned college credit.(d) With approval by the school district board of trustees, a school district may develop recommendations for local alternative requirements if the requirements would allow an individual to demonstrate proficiency in the content related to an examination for which the individual has not performed satisfactorily.(e) A decision regarding whether the individual qualifies to graduate and receive a high school diploma is final and may not be appealed.(f) The school district or open-enrollment charter school shall maintain documentation to support the decision to award or not award an individual a high school diploma.(g) Provisions of this section expire September 1, 2023.</content><note type="source"><p>Source Note: The provisions of this §74.1027 adopted to be effective May 3, 2018, 43 TexReg 2577; amended to be effective February 10, 2020, 45 TexReg 893.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scBB/s74.1030"><num value="74.1030">§74.1030</num><heading>Community-Based Fine Arts Programs</heading><content>(a) In accordance with the Texas Education Code, §28.025(b-9), each school district or open-enrollment charter school may allow a student to satisfy the fine arts credit required for graduation on the foundation high school program by participating in a community-based fine arts program not provided by the district or charter school in which the student is enrolled.(b) In accordance with local district policy, credit may be earned through participation in the community-based fine arts program only if the program meets each of the following requirements.(1) The school district or charter school must apply to the commissioner of education for approval of the community-based fine arts program.(2) The school district's board of trustees or charter school's governing body must certify that the program provides instruction in the essential knowledge and skills for fine arts as defined by Chapter 117, Subchapter C, of this title (relating to High School).(3) The school district or charter school must document student completion of the approved activity.(4) The program must be organized and monitored by appropriately trained instructors.(5) The fine arts program may be provided on or off a school campus and outside the regular school day.(6) Students may not be dismissed from any part of the regular school day to participate in the community-based fine arts program.(c) The school district or charter school shall require that instructors of the community-based fine arts program provide the school entity, at its request, the information necessary to obtain the criminal history record information required for school personnel in accordance with Chapter 153, Subchapter DD, of this title (relating to Criminal History Record Information Review), if the community-based program is offered on campus.</content><note type="source"><p>Source Note: The provisions of this §74.1030 adopted to be effective December 28, 2014, 39 TexReg 10443.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scC"><num value="C">SUBCHAPTER C</num><heading>OTHER PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.21"><num value="74.21">§74.21</num><heading>Schedule for Implementation</heading><content>The requirements in this chapter shall be implemented according to the following schedule.(1) Elementary, kindergarten through Grade 5. All provisions of §74.2 of this title (relating to Description of a Required Elementary Curriculum) shall be implemented fully beginning with the 1996-1997 school year.(2) Secondary, Grades 6-12. All provisions of §74.3(b) of this title (relating to Description of a Required Secondary Curriculum) and Subchapter B of this chapter (relating to Graduation Requirements) shall be implemented fully beginning with the 1997-1998 school year. A student entering Grade 9 in the 1997-1998 school year or thereafter must meet the provisions of Subchapter B of this chapter (relating to Graduation Requirements).(3) Other sections. Provisions of other sections of this chapter shall be implemented during the 1996-1997 school year unless otherwise specified.</content><note type="source"><p>Source Note: The provisions of this §74.21 adopted to be effective September 1, 1996, 21 TexReg 4311.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.22"><num value="74.22">§74.22</num><heading>Options for Offering Courses</heading><content>(a) A school district may use alternative procedures for delivering instruction to ensure that essential knowledge and skills are taught. The district shall pay any fees or other costs for students to participate in alternative delivery procedures.(b) A school district may operate a magnet program, academy, or other innovative program to serve student populations with specialized interests and aptitudes.</content><note type="source"><p>Source Note: The provisions of this §74.22 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective December 25, 2007, 32 TexReg 9623.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.23"><num value="74.23">§74.23</num><heading>Correspondence Courses and Distance Learning</heading><content>Credit toward state graduation requirements may be granted under this section only under the following conditions.(1) The institution offering correspondence courses must be The University of Texas at Austin, Texas Tech University, or another public institution of higher education approved by the commissioner of education.(2) Students may earn course credit through distance learning technologies such as, but not limited to, satellite, Internet, two-way video-conferencing, online courses, the Texas Virtual School Network (TxVSN), and instructional television.(3) The correspondence and distance learning courses must include the essential knowledge and skills as specified in §74.1 of this title (relating to Essential Knowledge and Skills) for such a course.</content><note type="source"><p>Source Note: The provisions of this §74.23 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective August 24, 2010, 35 TexReg 7211.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.24"><num value="74.24">§74.24</num><heading>Credit by Examination</heading><content>(a) General provisions.(1) A school district must provide at least one window to test between January 1 and March 31, one window to test between April 1 and June 30, one window to test between July 1 and September 30, and one window to test between October 1 and December 31 annually when each examination for acceleration for each primary school grade level and for credit for secondary school academic subjects required under Texas Education Code, §28.023, shall be administered in Grades 1-12 unless the examination has an administration date that is established by an entity other than the school district. A student may take a specific examination only once during each window. The testing window must be designed to meet the needs of all students. The dates must be publicized in the community.(2) A school district shall provide opportunities for a student who is homeless or in substitute care who transfers to the district after the start of the school year to be administered credit by examination at any point during the school year.(3) A school district shall not charge for an examination for acceleration for each primary school grade level or for credit for secondary school academic subjects. If a parent requests an alternative examination, the district may administer and recognize results of a test purchased by the parent or student from Texas Tech University or The University of Texas at Austin.(A) For each grade level or course, Texas Tech University and The University of Texas at Austin shall ensure that the assessments they provide for the purposes of this section are aligned to and address all assessable Texas Essential Knowledge and Skills (TEKS) at the appropriate level of rigor.(B) Texas Tech University and The University of Texas at Austin shall arrange for a third party to conduct an audit, on a rotating basis, of at least 20% of the assessments they provide for the purposes of this section. The audit shall be conducted annually.(C) The results of each audit shall be provided to the Texas Education Agency in the form of a report to be delivered no later than May 31 of each year.(4) A school district must have the approval of the school district board of trustees to develop its own tests or to purchase examinations that thoroughly test the essential knowledge and skills in the applicable grade level or subject area.(5) A school district may allow a student to accelerate at a time other than one required in paragraph (1) of this subsection by developing a cost-free option approved by the school district board of trustees that allows students to demonstrate academic achievement or proficiency in a subject or grade level.(b) Assessment for acceleration in kindergarten through Grade 5.(1) A school district must develop procedures for kindergarten acceleration that are approved by the school district board of trustees. The board of trustees shall approve an audit process to be completed for assessments for acceleration.(2) A student in any of Grades 1-5 must be accelerated one grade if he or she meets the following requirements:(A) the student scores 80% on a criterion-referenced test for the grade level he or she wants to skip in each of the following areas: language arts, mathematics, science, and social studies;(B) a school district representative recommends that the student be accelerated; and(C) the student's parent or guardian gives written approval for the acceleration.(c) Assessment for course credit in Grades 6-12.(1) A school district board of trustees shall approve for each high school course, to the extent available, at least four examinations. The board of trustees shall approve an audit process to be completed for examinations under subparagraph (B)(iii) of this paragraph.(A) The examinations shall include the following, which are not subject to the requirements in paragraphs (2)-(7) of this subsection:(i) College Board advanced placement examinations; and(ii) examinations administered through the College-Level Examination Program.(B) The examinations may include examinations developed by:(i) Texas Tech University;(ii) The University of Texas at Austin;(iii) the school district; and(iv) another entity if the assessment meets all of the requirements in paragraph (2) of this subsection.(2) In order for a school district to administer an examination for credit, prior to the first administration, the school district or the provider of the assessment must certify that the examination:(A) is aligned to all assessable TEKS for the course;(B) has not been published and is not publicly available;(C) will only be administered in a secure environment under standardized conditions by a school district or institution of higher education; and(D) has been evaluated to ensure:(i) test scores can be interpreted as indicators of what the test is intended to measure; and(ii) consistency of test results across testing conditions.(3) A school district or the provider of the assessment must make public an annual report, including:(A) the test development process;(B) a statement certifying that the examination meets the criteria in paragraph (2)(D) of this subsection;(C) the number of students who took each examination;(D) the number of students who scored 70% or above on each examination;(E) the number of students who scored 80% or above on each examination; and(F) the average score for all students who took the examination for each examination.(4) In order for a school district to administer an examination for credit for a course that has a state end-of-course assessment instrument, the school district or the provider of the assessment must certify, prior to the first administration, that the examination:(A) meets the requirements of paragraph (2) of this subsection;(B) has been externally validated and determined to:(i) align to and appropriately address all assessable TEKS for the course;(ii) assess the appropriate level of rigor for each student expectation; and(iii) yield comparable distribution of results across tested subgroups.(5) If the number of students who take an examination in a given year is not sufficient to determine comparable results among subgroups, the provider may obtain approval from the State Board of Education to demonstrate comparable results over a specified number of years.(6) For an examination that is validated in accordance with paragraph (4) of this subsection, a school district or the provider of the assessment must make public:(A) the annual report required by paragraph (3) of this subsection;(B) all relevant test development specifications;(C) a statement certifying that the examination meets the criteria in paragraph (4)(B) of this subsection; and(D) results for all tested subgroups disaggregated by students who receive prior instruction and students with no prior instruction and including descriptive data for small subgroups.(7) Examinations for courses that do not have a state end-of-course assessment shall meet all requirements in paragraph (2) of this subsection no later than the 2019-2020 school year.(8) A student in any of Grades 6-12 must be given credit for an academic subject in which he or she has had no prior instruction if the student scores:(A) a three or higher on a College Board advanced placement examination that has been approved by the school district board of trustees for the applicable course;(B) a scaled score of 50 or higher on an examination administered through the College-Level Examination Program and approved by the school district board of trustees for the applicable course; or(C) 80% on any other criterion-referenced test approved by the school district board of trustees for the applicable course.(9) A student may not attempt to earn credit by examination for a specific high school course more than two times.(10) If a student fails to earn credit by examination for a specific high school course before the beginning of the school year in which the student would ordinarily be required to enroll in that course in accordance with the school district's prescribed course sequence, the student must satisfactorily complete the course to receive credit.(11) If a student is given credit in accordance with paragraph (8) of this subsection in a subject on the basis of an examination on which the student scored 80% or higher, the school district must enter the examination score on the student's transcript, and the student is not required to take an applicable end-of-course assessment instrument for the course.(12) In accordance with local school district policy, a student in any of Grades 6-12 may be given credit for an academic subject in which he or she had some prior instruction if the student scores 70% on a criterion-referenced test approved by the school district board of trustees for the applicable course.</content><note type="source"><p>Source Note: The provisions of this §74.24 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective August 8, 2006, 31 TexReg 6212; amended to be effective September 1, 2008, 33 TexReg 1089; amended to be effective May 11, 2014, 39 TexReg 3591; amended to be effective November 24, 2015, 40 TexReg 8209; amended to be effective August 27, 2018, 43 TexReg 5514.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.25"><num value="74.25">§74.25</num><heading>High School Credit for College Courses</heading><content>(a) A school district board of trustees may adopt a policy that allows a student to be awarded credit toward high school graduation for completing a college-level course. The course must be provided only by an institution of higher education that is accredited by one of the following regional accrediting associations:(1) Southern Association of Colleges and Schools;(2) Middle States Association of Colleges and Schools;(3) New England Association of Schools and Colleges;(4) North Central Association of Colleges and Schools;(5) Western Association of Schools and Colleges; or(6) Northwest Association of Schools and Colleges.(b) To be eligible to enroll and be awarded credit toward state graduation requirements, a student must have the approval of the high school principal or other school official designated by the school district. The course for which credit is awarded must provide advanced academic instruction beyond, or in greater depth than, the essential knowledge and skills for the equivalent high school course.</content><note type="source"><p>Source Note: The provisions of this §74.25 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective September 1, 2001, 25 TexReg 7691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.26"><num value="74.26">§74.26</num><heading>Award of Credit</heading><content>(a) The award of credit for a course by a school district affirms that a student has satisfactorily met all state and local requirements. Any course for which credit is awarded must be provided according to this subsection.(1) Credit earned toward state graduation requirements by a student in an accredited school district shall be transferable and must be accepted by any other school district in the state. A district may not prohibit a new student from attending school pending receipt of transcripts or records from the school district the student previously attended. Credit earned in a local-credit course may be transferred only with the consent of the receiving school district.(2) A school district must ensure that the records or transcripts of an out-of-state or out-of-country transfer student (including foreign exchange students) or a transfer student from a Texas nonpublic school are evaluated and that the student is placed in appropriate classes promptly. The district may use a variety of methods to verify the content of courses for which a transfer student has earned credit.(b) Districts may offer courses designated for Grades 9-12 (refer to §74.11 of this title (relating to High School Graduation Requirements)) in earlier grade levels. A course must be considered completed and credit must be awarded if the student has demonstrated achievement by meeting the standard requirements of the course, including demonstrated proficiency in the subject matter, regardless of the time the student has received instruction in the course or the grade level at which proficiency was attained. The academic achievement record (transcript) shall reflect that students have satisfactorily completed courses at earlier grade levels than Grades 9-12 and have been awarded state graduation credits.(c) Credit for courses for high school graduation may be earned only if the student received a grade which is the equivalent of 70 on a scale of 100, based upon the essential knowledge and skills for each course.(d) In accordance with local district policy, students who are able to successfully complete only half of a course can be awarded credit proportionately.(e) A school district shall award credit proportionately to a student who is homeless or in substitute care who successfully completes only half of a course.</content><note type="source"><p>Source Note: The provisions of this §74.26 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective November 24, 2015, 40 TexReg 8209; amended to be effective March 15, 2020, 45 TexReg 1708.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.27"><num value="74.27">§74.27</num><heading>Innovative Courses and Programs</heading><content>(a) A school district may offer innovative courses to enable students to master knowledge, skills, and competencies not included in the essential knowledge and skills of the required curriculum.(1) The State Board of Education (SBOE) may approve discipline-based courses in the foundation or enrichment curriculum and courses that do not fall within any of the subject areas listed in the foundation and enrichment curricula when the applying school district or organization demonstrates that the proposed course is academically rigorous and addresses documented student needs.(2) Applications shall not be approved if the proposed course significantly duplicates the content of a Texas Essential Knowledge and Skills (TEKS)-based course or can reasonably be taught within an existing TEKS-based course.(3) To request approval from the SBOE, the applying school district or organization must submit a request for approval at least six months before planned implementation that includes:(A) a description of the course and its essential knowledge and skills;(B) the rationale and justification for the request in terms of student need;(C) data that demonstrates successful piloting of the course in Texas;(D) a description of activities, major resources, and materials to be used;(E) the methods of evaluating student outcomes;(F) the qualifications of the teacher;(G) any training required in order to teach the course and any associated costs;(H) the amount of credit requested; and(I) a copy of or electronic access to any recommended instructional resources for the course.(4) To request approval for a career and technical education innovative course, the applying school district or organization must submit with its request for approval evidence that the course is aligned with state and/or regional labor market data.(5) To request approval of a new innovative course, the applying school district or organization must submit with its request for approval evidence that the course has been successfully piloted in its entirety in at least one school in the state of Texas.(6) The requirements of paragraphs (3)(C) and (5) of this subsection do not apply to the consideration of a course developed to support a program of study in career and technical education.(7) Newly approved innovative courses shall be approved for a period of three years, and courses approved for renewal shall be approved for a period of five years.(8) With the approval of the local board of trustees, a school district may offer, without changes or deletions to content, any state-approved innovative course.(9) Texas Education Agency shall review all approved innovative courses once every two years and provide for consideration for sunset a list of innovative courses that have been approved as an innovative course for at least three years and meet one of the following criteria:(A) zero enrollment for the previous two years;(B) average enrollment of less than 100 students statewide for the previous three years;(C) student enrollment at an average of fewer than 20 districts or charter schools statewide for the previous three years;(D) duplicative of another innovative or TEKS-based course; or(E) approved for implementation as a TEKS-based course.(b) An ethnic studies course that has been approved by the SBOE as an innovative course shall be considered by the SBOE at a subsequent meeting for inclusion in the TEKS.(1) Only comprehensive ethnic studies courses in Native American studies, Latino studies, African American studies, and/or Asian Pacific Islander studies, inclusive of history, government, economics, civic engagement, culture, and science and technology, shall be considered by the SBOE.(2) The chair of the Committee on Instruction, in accordance with SBOE Operating Rule 2.5(b), shall collaborate with the board chair to place the item on the next available Committee on Instruction agenda following SBOE approval of the innovative course.</content><note type="source"><p>Source Note: The provisions of this §74.27 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective December 25, 2007, 32 TexReg 9623; amended to be effective December 25, 2019, 44 TexReg 7980; amended to be effective February 26, 2023, 48 TexReg 840; amended to be effective February 18, 2024, 49 TexReg 694; amended to be effective November 10, 2024, 49 TexReg 8711.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.28"><num value="74.28">§74.28</num><heading>Students with Dyslexia and Related Disorders</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings.(1) Screening a student for dyslexia or a related disorder, a term used in Texas Education Code (TEC), §38.003, means the administration of a universal screening instrument required for students in Kindergarten and Grade 1.(2) Testing a student for dyslexia or a related disorder, a term used in TEC, §38.003, means a comprehensive evaluation as required under 34 Code of Federal Regulations (CFR), Part 300, and includes evaluation components as stated in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders," referenced in subsection (c) of this section, for the identification of dyslexia or a related disorder.(3) Treatment for a student identified with dyslexia or a related disorder, a term used in TEC §38.003, means any instructional accommodations through an accommodation plan under Section 504 or instructional accommodations, modifications, and/or the provision of dyslexia instruction in accordance with a student's individualized education program (IEP).(4) Direct dyslexia instruction, a term used in TEC, §7.102(c)(28), or dyslexia instruction means evidence-based dyslexia instruction that includes the required components of dyslexia instruction and instructional delivery methods as outlined in the handbook referenced in subsection (c) of this section and as described by a student's IEP under TEC, §29.005.(5) Provider of dyslexia instruction (PDI) means a provider who meets the requirements of TEC, §29.0032.(b) The board of trustees of a school district or the governing body of an open-enrollment charter school must adopt and implement a policy requiring the district or school to comply with this section, inclusive of the handbook referenced in subsection (c) of this section and the provision of dyslexia instruction for students identified with dyslexia or a related disorder as determined by the student's admission, review, and dismissal (ARD) committee.(c) A school district's or open-enrollment charter school's policy must be implemented according to the State Board of Education's (SBOE's) "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders " provided in this subsection. Before adopting changes to the handbook, the SBOE will consider input provided by educators and professionals in the field of reading and dyslexia and related disorders, as well as parents and other stakeholders, from across the state.Attached Graphic(d) A school district or open-enrollment charter school must provide evidence-based dyslexia instruction by a PDI for students with dyslexia or a related disorder that includes the required instructional and delivery components found in the handbook referenced in subsection (c) of this section.(e) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the results of the screening for dyslexia and related disorders required for each student in Kindergarten and each student in Grade 1 in accordance with TEC, §38.003(a).(f) Each school district and open-enrollment charter school shall provide to parents of students enrolled in the district or school information on:(1) characteristics of dyslexia and related disorders;(2) evaluation and identification of dyslexia and related disorders;(3) effective instructional strategies for teaching students with dyslexia and related disorders;(4) qualifications of and contact information for PDIs at each campus or school;(5) instructional accommodations and modifications;(6) the steps in the special education process, as described in the form developed by the Texas Education Agency to comply with TEC, §29.0031(a)(1); and(7) how to request a copy and access the electronic version of the handbook referenced in subsection (c) of this section.(g) School districts and open-enrollment charter schools will be subject to monitoring for compliance with federal law and regulations in connection with this section. School districts and open-enrollment charter schools will be subject to auditing and monitoring for compliance with state dyslexia laws in accordance with administrative rules adopted by the commissioner of education as required by TEC, §38.003(c-1). (h) School districts and open-enrollment charter schools must include the member required by TEC, §29.0031(b), on the multidisciplinary team and ARD committee, as appropriate, who meets the requirements of TEC, §29.0031(b)(1) or (2), or who meets the training requirements established by the SBOE as described in the handbook referenced in subsection (c) of this section.</content><note type="source"><p>Source Note: The provisions of this §74.28 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective August 8, 2006, 31 TexReg 6212; amended to be effective August 24, 2010, 35 TexReg 7211; amended to be effective August 27, 2018, 43 TexReg 5519; amended to be effective March 13, 2019, 44 TexReg 1315; amended to be effective December 25, 2019, 44 TexReg 7981; amended to be effective February 10, 2022, 47 TexReg 504; amended to be effective June 30, 2024, 49 TexReg 4587.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.29"><num value="74.29">§74.29</num><heading>Texas Advanced Placement Incentive Program</heading><content>(a) Purpose. The Texas advanced placement incentive program is created to recognize and reward students, teachers, and schools that demonstrate success in achieving the educational goals of the state. An award or a subsidy granted under this section shall be for the public purpose of promoting an educated citizenry.(b) Types of awards.(1) A school participating in the program shall be eligible to receive the following awards:(A) a one-time, $3,000 equipment grant for providing a College Board advanced placement or International Baccalaureate course, based on need as determined by the commissioner of education;(B) up to $100 for each student who receives a score of three or better on a College Board advanced placement or International Baccalaureate test; and(C) up to $450 to reimburse a teacher or pay for a teacher to complete approved College Board advanced placement or International Baccalaureate training.(2) A teacher who teaches a College Board advanced placement or International Baccalaureate course shall be eligible to receive the following awards:(A) a one-time award of $250 for teaching a College Board advanced placement or International Baccalaureate course for the first time; and(B) a share of the teacher bonus pool proportional to the number of courses taught that shall be distributed by the teacher's school. Fifty dollars may be deposited in the teacher bonus pool for each student enrolled in the school who receives a score of three or better on a College Board advanced placement or International Baccalaureate test.(3) A student who receives a score of three or better on a College Board advanced placement or International Baccalaureate test may receive a reimbursement of up to $65 for the advanced placement or International Baccalaureate testing fee. The reimbursement shall be reduced by the amount of any subsidy awarded by the College Board or International Baccalaureate or under subsection (e) of this section.(c) Award adjustment. The commissioner of education shall adjust and prorate by category the sum and number of awards to ensure the purpose of the program is realized.(d) Application for, and use of, awards.(1) To obtain an award, a school or teacher must submit to the State Board of Education (SBOE) a written application in a form, manner, and time prescribed by the commissioner of education.(2) A school must give priority to academic enhancement purposes in using any award received under this section. An award may not be used for any purpose relating to athletics.(3) The principal of each school participating in the program shall convene, at least annually, a team composed of not more than five members, with not fewer than three teachers, to include at least one teacher participating in the program and at least one teacher who teaches students in preparation for their participation in the program, for the purpose of determining the use of funds awarded under subsection (b) of this section.(e) Subsidies for College Board advanced placement or International Baccalaureate tests.(1) A student is entitled to a subsidy for the fee he or she pays to take a College Board advanced placement or International Baccalaureate test if the student demonstrates financial need according to guidelines adopted by the College Board.(2) The Texas Education Agency (TEA), with SBOE approval, may pay each eligible applicant an equal amount of up to $25.(f) Funding of awards and subsidies.(1) An award or a subsidy granted under this section is subject to the availability of funds. An award or a subsidy may be funded by donations, grants, or legislative appropriations.(2) The commissioner of education may solicit and receive a grant or donation for the purpose of making awards under this section. The TEA shall account for and distribute any donation, grant, or legislative appropriation.(3) The TEA shall apply to the program any available funds from its appropriations that may be used for this purpose.(4) An application for funding may be filed with TEA at a date determined by the commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §74.29 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective August 24, 2010, 35 TexReg 7211.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.30"><num value="74.30">§74.30</num><heading>Identification of Honors Courses</heading><content>(a) The following are identified as honors classes as referred to in the Texas Education Code, §33.081(d)(1), concerning extracurricular activities:(1) all College Board Advanced Placement courses and International Baccalaureate courses in all disciplines;(2) English language arts: high school/college concurrent enrollment classes that are included in the "Lower-Division Academic Course Guide Manual (Approved Courses)";(3) Languages other than English: high school/college concurrent enrollment classes that are included in the "Lower-Division Academic Course Guide Manual (Approved Courses)"; American Sign Language, Level IV; American Sign Language, Advanced Independent Study; Level IV, Intermediate Mid to Intermediate High Proficiency; Level V, Intermediate High to Advanced Mid Proficiency; Level VI, Advanced Mid to Advanced High Proficiency; Level VII, Advanced High to Superior Proficiency; Seminar in Languages Other Than English, Advanced; Classical Languages, Level IV, Novice Mid to Advanced Mid Proficiency; Classical Languages, Levels V-VII, Novice High to Superior Low Proficiency; and Seminar in Classical Languages, Advanced;(4) Mathematics: high school/college concurrent enrollment classes that are included in the "Lower-Division Academic Course Guide Manual (Approved Courses)" and Precalculus;(5) Science: high school/college concurrent enrollment classes that are included in the "Lower-Division Academic Course Guide Manual (Approved Courses)"; and(6) Social studies: Social Studies Advanced Studies, Economics Advanced Studies, and high school/college concurrent enrollment classes that are included in the "Lower-Division Academic Course Guide Manual (Approved Courses)."(b) Districts may identify additional honors courses in the subject areas of English language arts, mathematics, science, social studies, or a language other than English for the purpose of this section, but must identify such courses prior to the semester in which any exemptions related to extracurricular activities occur.(c) Districts are neither required to nor restricted from considering courses as honors for the purpose of grade point average calculation.</content><note type="source"><p>Source Note: The provisions of this §74.30 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 1998, 23 TexReg 5675; amended to be effective June 23, 2008, 33 TexReg 4883; amended to be effective October 28, 2019, 44 TexReg 6368.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.31"><num value="74.31">§74.31</num><heading>Health Classifications for Physical Education</heading><content>For physical education, a district must classify each student, on the basis of health, into one of the following categories.(1) Unrestricted (not limited in activities).(2) Restricted (excludes the more vigorous activities).(A) Permanent. A member of the healing arts licensed to practice in Texas must provide the school written documentation concerning the nature of the impairment and the expectations for physical activity for the student.(B) Temporary. The student may be restricted from physical activity of the physical education class. A member of the healing arts licensed to practice in Texas must provide the school written documentation concerning the nature of the temporary impairment and the expected amount of time for recovery. During recovery time, the student must continue to learn the concepts of the lessons but may not actively participate in the skill demonstration.(3) Adapted and remedial (specific activities prescribed or prohibited, as directed by a member of the healing arts licensed to practice in Texas).</content><note type="source"><p>Source Note: The provisions of this §74.31 adopted to be effective September 1, 2001, 25 TexReg 7691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.33"><num value="74.33">§74.33</num><heading>Additional Requirements for Social Studies Classes for Grades 3 - 12</heading><content>(a) Instruction during Celebrate Freedom Week. Each social studies class shall include, during Celebrate Freedom Week as provided under Texas Education Code, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the United States Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the United States Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(b) Recitation during Celebrate Freedom Week.(1) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subsection (a) of this section, students in Grades 3 - 12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(2) Each school district shall excuse from the recitation a student:(A) whose parent or guardian submits to the district a written request that the student be excused;(B) who, as determined by the district, has a conscientious objection to the recitation; or(C) who is the child of a representative of a foreign government to whom the United States government extends diplomatic immunity.</content><note type="source"><p>Source Note: The provisions of this §74.33 adopted to be effective December 7, 2003, 28 TexReg 10935.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.35"><num value="74.35">§74.35</num><heading>Additional Requirements for High School Health Classes</heading><content>(a) Parenting and paternity awareness.(1) A school district and an open-enrollment charter school shall incorporate instruction in parenting awareness into any course meeting a requirement for a health education credit, using the materials approved by the State Board of Education for this purpose in accordance with Texas Education Code (TEC), §28.002(p). Implementation of this requirement shall comply with requirements that the board of trustees of each school district establish a local school health advisory council to assist the district in ensuring that local community values are reflected in the district's health education instruction as stated in TEC, §28.004.(2) A school district may add elements at its discretion but must include the following areas of instruction:(A) parenting skills and responsibilities, including child support;(B) relationship skills, including money management, communication, and marriage preparation; and(C) skills relating to the prevention of family violence, only if the school district's high schools do not have a family violence prevention program.(3) If the required high school health education credit is earned through a course taken prior to Grade 9, the materials and parenting awareness instruction must be incorporated into that course or, at the district's discretion, may be incorporated into another course available to all students in Grades 9-12.(4) At the discretion of the district, a teacher may modify the suggested sequence and pace of the program at any grade level.(5) A student under 14 years of age may not participate in a parenting and paternity awareness program without the permission of the student's parent or person standing in parental relation to the student.(6) A school district shall use the materials approved by the State Board of Education for this purpose beginning with the 2008-2009 school year.(b) Alcohol awareness.(1) A school district and an open-enrollment charter school shall incorporate instruction in the dangers, causes, consequences, signs, symptoms, and treatment of binge drinking and alcohol poisoning into any course meeting a requirement for a health education credit in accordance with TEC, §28.002(r).(2) A school district shall choose an evidence-based alcohol awareness program to use in the district's middle school, junior high school, and high school health curriculum from a list of programs approved by the commissioner of education for this purpose.</content><note type="source"><p>Source Note: The provisions of this §74.35 adopted to be effective April 27, 2008, 33 TexReg 3261; amended to be effective December 23, 2009, 34 TexReg 9198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.36"><num value="74.36">§74.36</num><heading>Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization</heading><content>(a) Pursuant to this rule, a school district may offer to students in Grade 9 or above: (1) an elective course on the Hebrew Scriptures (Old Testament) and its impact and an elective course on the New Testament and its impact; or (2) an elective course that combines the courses on the Hebrew Scriptures (Old Testament) and its impact and on the New Testament and its impact. (b) The purpose of a course under this section is to: (1) teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and (2) familiarize students with, as applicable: (A) the contents of the Hebrew Scriptures or New Testament; (B) the history of the Hebrew Scriptures or New Testament; (C) the literary style and structure of the Hebrew Scriptures or New Testament; and (D) the influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture. (c) A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in their school district. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. (d) Beginning with school year 2011-2012, a course offered under this section shall follow the Texas Essential Knowledge and Skills for Special Topics in Social Studies, Beginning with School Year 2011-2012, or the Texas Essential Knowledge and Skills for Independent Study in English as set out in this subsection. (1) Texas Essential Knowledge and Skills for Special Topics in Social Studies (One-Half Credit), Beginning with School Year 2011-2012. The provisions of this paragraph shall be implemented by school districts beginning with the 2011-2012 school year. (A) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course. Students may take this course with different course content for a maximum of two credits. (B) Introduction. (i) In Special Topics in Social Studies, an elective course, students are provided the opportunity to develop a greater understanding of the historic, political, economic, geographic, multicultural, and social forces that have shaped their lives and the world in which they live. Students will use social science knowledge and skills to engage in rational and logical analysis of complex problems using a variety of approaches, while recognizing and appreciating diverse human perspectives. (ii) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (iii) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week. (I) Each social studies class shall include, during Celebrate Freedom Week as provided under Texas Education Code, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement. (II) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subclause (I) of this clause, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed." (C) Knowledge and skills. (i) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others, in a variety of settings. The student is expected to: (I) apply social studies methodologies encompassing a variety of research and analytical tools to explore questions or issues thoroughly and fairly to include multiple perspectives; (II) evaluate effects of major political, economic, and social conditions on selected social studies topic; (III) appraise a geographic perspective that considers physical and cultural processes as they affect the selected topic; (IV) examine the role of diverse communities in the context of the selected topic; (V) analyze ethical issues raised by the selected topic in historic, cultural, and social contexts; (VI) depending on the topic, use a problem-solving process to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution; and (VII) depending on the topic, use a decision-making process to identify a situation that requires a decision, gather information, identify options, predict consequences, and take action to implement a decision. (ii) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of sources, including electronic technology. The student is expected to: (I) locate, analyze, organize, synthesize, evaluate, and apply information about selected topic, identifying, describing, and evaluating multiple points of view; (II) differentiate between valid primary and secondary sources and use them appropriately to conduct research and construct arguments; (III) read narrative texts critically and identify points of view from the historical context surrounding an event and the frame of reference that influenced the participants; (IV) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions; (V) collect visual images (photographs, paintings, political cartoons, and other media) to enhance understanding and appreciation of multiple perspectives in a social studies topic; (VI) identify bias in written, oral, and visual material; (VII) evaluate the validity of a source based on language, corroboration with other sources, and information about the author; and (VIII) use appropriate mathematical skills to interpret social studies information such as maps and graphs. (iii) Social studies skills. The student creates written, oral, and visual presentations of social studies information. The student is expected to: (I) apply the conventions of usage and mechanics of written English; (II) use social studies terminology correctly; (III) use appropriate oral communication techniques; (IV) construct a thesis that is supported by evidence; (V) recognize and evaluate counter arguments; (VI) use visual images (photographs, paintings, and other media) to facilitate understanding and appreciation of multiple perspectives in a social studies topic; (VII) develop a bibliography with ideas and information attributed to source materials and authors using accepted social science formats such as Modern Language Association Style Manual (MLA) and Chicago Manual of Style (CMS) to document sources and format written materials; and (VIII) use computer software to create written, graphic, or visual products from collected data. (2) Texas Essential Knowledge and Skills for Independent Study in English (One-Half to One Credit). The provisions of this paragraph shall be implemented by school districts beginning with the 2011-2012 school year. (A) Introduction. (i) Students enrolled in Independent Study in English will focus on a specialized area of study such as the work of a particular author or genre. Students will read and write in multiple forms for a variety of audiences and purposes. High school students are expected to plan, draft, and complete written compositions on a regular basis and carefully examine their papers for clarity, engaging language, and the correct use of the conventions and mechanics of written English. (ii) If this course is being used to satisfy requirements for the Distinguished Achievement Program, a student research/product must be presented before a panel of professionals or approved by the student's mentor. (iii) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning. (iv) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (v) The essential knowledge and skills as well as the student expectations for Independent Study in English are described in subparagraph (B) of this paragraph. (B) Knowledge and skills. (i) The student inquires through reading literature and researching self-selected and assigned topics. The student is expected to: (I) read widely for further study; (II) generate relevant, interesting, and researchable questions with instructor guidance and approval; and (III) draw relevant questions for further study from the research findings or conclusions. (ii) The student uses writing as a tool for learning and research. The student produces visual representations that communicate with others. The student is expected to: (I) produce research projects and reports in multiple forms for a variety of audiences from primary and secondary sources using available technology; (II) conduct a research project(s), producing an original work in print or another medium with a demonstration of advanced skill; (III) use writing to organize and support what is known and needs to be learned about a topic, including discovering, recording, reviewing, and learning; (IV) compile written ideas and representations; interpret information into reports, summaries, or other formats; and draw conclusions; and (V) use writing as a tool such as to reflect, explore, or problem solve.</content><note type="source"><p>Source Note: The provisions of this §74.36 adopted to be effective September 1, 2008, 33 TexReg 7159; amended to be effective December 20, 2010, 35 TexReg 11224; amended to be effective August 23, 2012, 37 TexReg 6305.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.37"><num value="74.37">§74.37</num><heading>Public School Physical Education Curriculum</heading><content>(a) The essential knowledge and skills for physical education shall:(1) emphasize the knowledge and skills capable of being used during a lifetime of regular physical activity;(2) be consistent with national physical education standards for:(A) the information that students should learn about physical activity; and(B) the physical activities that students should be able to perform;(3) meet the needs of students of all physical ability levels, including students who have a disability, chronic health problem, or other special need that precludes the student from participating in regular physical education instruction but who might be able to participate in physical education that is suitably adapted and, if applicable, included in the student's individualized education program;(4) take into account the effect that gender and cultural differences might have on the degree of student interest in physical activity or on the types of physical activity in which a student is interested;(5) ensure students develop self-management and movement skills;(6) ensure students develop cooperation, fair play, and responsible participation in physical activity; and(7) promote student participation in physical activity outside of school.(b) A physical education course shall:(1) offer students an opportunity to choose among many types of physical activity in which to participate;(2) offer students both cooperative and competitive games; and(3) be an enjoyable experience for students.(c) On a weekly basis, at least 50% of a physical education class shall be used for actual student physical activity and the activity shall be, to the extent practicable, at a moderate or vigorous level.</content><note type="source"><p>Source Note: The provisions of this §74.37 adopted to be effective December 23, 2009, 34 TexReg 9198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.38"><num value="74.38">§74.38</num><heading>Requirements for Instruction in Cardiopulmonary Resuscitation (CPR) and Use of an Automated External Defibrillator (AED)</heading><content>(a) A school district or an open-enrollment charter school shall provide instruction to students in Grades 7-12 in cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED). The instruction:(1) may be provided as a part of any course; and(2) shall be provided to each student at least once before graduation from high school.(b) CPR instruction shall include training for students in CPR techniques and the use of an AED.(c) The training shall have been developed:(1) by the American Heart Association or the American Red Cross; or(2) using nationally recognized, evidence-based guidelines for emergency cardiovascular care and incorporating psychomotor skills to support the instruction.(d) A school district or an open-enrollment charter school may use emergency medical technicians, paramedics, police officers, firefighters, representatives of the American Heart Association or the American Red Cross, teachers, other school employees, or other similarly qualified individuals to provide CPR instruction and training under this section. Except as specified in subsection (e) of this section, an instructor of this training is not required to be certified in CPR.(e) Instruction provided under this section is not required to result in certification by a student in CPR or the use of an AED. If instruction is intended to result in certification in CPR or the use of an AED, the course instructor must be authorized to provide the instruction by the American Heart Association, the American Red Cross, or a similar nationally recognized association.(f) A school district or an open-enrollment charter school may waive the requirement under this section for a student who, due to a disability, is unable to complete the requirement. The determination regarding a student's ability to complete the CPR or AED requirements will be made by:(1) the student's ARD committee if the student receives special education services under Texas Education Code (TEC), Chapter 29, Subchapter A; or(2) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, §794) if the student does not receive special education services under TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.(g) The requirement to receive instruction in CPR applies to any student who entered Grade 7 in the 2010-2011 school year and thereafter.(h) The requirement to receive instruction in the use of an AED applies to any student who entered Grade 7 in the 2024-2025 school year and thereafter.</content><note type="source"><p>Source Note: The provisions of this §74.38 adopted to be effective August 25, 2014, 39 TexReg 5384; amended to be effective August 1, 2024, 49 TexReg 4430.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scC/s74.39"><num value="74.39">§74.39</num><heading>Requirements for Instruction on Proper Interaction with Peace Officers</heading><content>(a) A school district or open-enrollment charter school shall provide instruction in one or more courses to students in Grades 9-12 on proper interaction with peace officers during traffic stops and other in-person encounters. The required instruction:(1) may be provided as a part of any course or courses; and(2) must be provided to each student at least once before graduation from high school.(b) The instruction must include all of the following information:(1) the role of law enforcement and the duties and responsibilities of peace officers;(2) a person's rights concerning interactions with peace officers;(3) proper behavior for civilians and peace officers during interactions;(4) laws regarding questioning and detention by peace officers, including any law requiring a person to present proof of identity to a peace officer, and the consequences for a person's or officer's failure to comply with those laws; and(5) how and where to file a complaint against or a compliment on behalf of a peace officer.(c) A school district or open-enrollment charter school shall use materials developed through a memorandum of understanding among the Texas Commission on Law Enforcement, the State Board of Education, and the Texas Education Agency.(d) A school district or open-enrollment charter school may tailor the instruction developed under this section as appropriate for the district's or school's community. In tailoring the instruction, the district or school shall solicit input from local law enforcement agencies, driver training schools, and the community.(e) In accordance with §74.5 of this title (relating to Academic Achievement Record (Transcript)), a school district or an open-enrollment charter school shall clearly indicate on the transcript or academic achievement record the year in which the instruction was provided to the student.(f) This section applies to any student who enters Grade 9 in the 2018-2019 school year and thereafter.</content><note type="source"><p>Source Note: The provisions of this §74.39 adopted to be effective August 27, 2018, 43 TexReg 5523.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING READING PRACTICES</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scCC/s74.2001"><num value="74.2001">§74.2001</num><heading>Phonics Curriculum</heading><content>(a) The following words and terms, when used in this subchapter, shall have the following meanings.(1) Systematic instruction--Instruction that is carefully planned and sequenced where simple concepts are taught first before progressing to more complex concepts. This form of instruction is broken down into manageable step-by-step pieces that are aligned to instructional goals.(2) Direct instruction--Explicit, teacher-led instruction that clearly and specifically teaches a skill through concise explanation, modeling, practice, and feedback.(3) Phonics--The ability to read (decode) and spell (encode) individual words. Decoding refers to the process of using letter-sound knowledge to blend sounds and word parts to read words. Encoding refers to the process of using letter-sound knowledge to spell words.(b) Each school district and open-enrollment charter school shall adopt a phonics curriculum for Kindergarten-Grade 3. Explicit and systematic instruction is necessary to effectively teach phonics in English and in Spanish.(1) A phonics curriculum must:(A) for the applicable Kindergarten-Grade 3 grade level and as identified in the Texas Resource Review rubric, align with a subset of the developing and sustaining foundational language skills portion of the Texas Essential Knowledge and Skills, as follows:(i) for English Language Arts and Reading when teaching students to read in English; or(ii) for Spanish Language Arts and Reading when teaching students to read in Spanish;(B) align with current and confirmed research in reading and cognitive science;(C) provide concise, direct, explicit, and systematic phonics instruction with cumulative review;(D) provide specific daily instructional sequences and routines, which include modeling, guided practice, and application with immediate, corrective feedback;(E) include ongoing practice opportunities in isolation and in connected, controlled text that follows the instructional focus;(F) include assessments to measure and monitor student progress;(G) provide specific guidance after monitoring progress to support students in reaching mastery of a concept or to accelerate instruction as needed; and(H) include the quality components addressed in a phonics-specific rubric approved by the commissioner of education for use in the Texas Resource Review.(2) The program may:(A) function as a stand-alone phonics program, be part of a core language arts program, or act as a supplemental foundational literacy skills program; and(B) include scaffolded application in specific daily instructional sequences and routines.(3) The program may not:(A) teach word recognition, when teaching students to read in English, through visual memory, guessing, the shape of a word, or the use of pictures or context clues to decode words instead of explicitly teaching words that cannot be sounded out and that do not follow the rules of phonics; or(B) be used solely for intervention purposes rather than for core instruction implementation.(4) A phonics program that does not meet all criteria in paragraph (1) of this subsection may be used by a school district or open-enrollment charter school if the program has a strong evidence base and is used in conjunction with a phonics program that meets all criteria in paragraph (1) of this subsection.</content><note type="source"><p>Source Note: The provisions of this §74.2001 adopted to be effective April 28, 2022, 47 TexReg 2131.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING MATHEMATICS INSTRUCTION</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scDD/s74.2101"><num value="74.2101">§74.2101</num><heading>Middle School Advanced Mathematics Program</heading><content>(a) Each school district and open-enrollment charter school shall develop a middle school advanced mathematics program for students in Grades 6-8 to enable students to enroll in Algebra I in Grade 8.(b) Each school district and open-enrollment charter school shall identify a local measure for use in determining student eligibility for automatic enrollment in a middle school advanced mathematics program.(c) School districts and open-enrollment charter schools shall automatically enroll in a middle school advanced mathematics program each Grade 6 student whose performance was either:(1) in the 60th percentile or higher on statewide scores for the Grade 5 mathematics assessment instrument administered under Texas Education Code, §39.023(a); or(2) in the top 40% on a local measure that includes the student's Grade 5 class ranking or a demonstrated proficiency in the student's Grade 5 mathematics coursework.(d) A local measure shall be used to determine enrollment of Grade 6 students for whom there are no results on the state Grade 5 mathematics assessment.(e) A school district or open-enrollment charter school shall make public the criteria for automatic enrollment in a middle school advanced mathematics program, including any criteria for a local measure, before the start of each school year.(f) The parent or guardian of a student who will be automatically enrolled in a middle school advanced mathematics program may opt the student out of automatic enrollment in an advanced mathematics program.(g) Each school district and open-enrollment charter school shall provide a written notice to the parent or guardian of each student entering Grade 6 who will be automatically enrolled in a middle school advanced mathematics program. The written notification shall be provided no later than 14 days before the first day of instruction for the school year. The required notice shall include a description of:(1) the purpose of the program;(2) the middle school advanced mathematics program offered by the school district or open-enrollment charter school, including an overview of the content addressed at each grade level;(3) resources offered to support student success;(4) the right of the parent or guardian to opt their child out of the middle school advanced mathematics program; and(5) the process for a parent or guardian to opt their child out of the program and any associated deadlines.(h) A school district or open-enrollment charter school shall obtain written approval from the parent or guardian to remove a student from the middle school advanced mathematics program.(i) Each school district and open-enrollment charter school shall annually report to the Texas Education Agency (TEA) data related to student enrollment and performance in the middle school advanced mathematics program in a manner and time to be determined by TEA.(j) This section does not prohibit a school district or open-enrollment charter school from establishing a process to initially enroll Grade 7 or 8 students in a middle school advanced mathematics program.</content><note type="source"><p>Source Note: The provisions of this §74.2101 adopted to be effective July 8, 2024, 49 TexReg 4906.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scF"><num value="F">SUBCHAPTER F</num><heading>GRADUATION REQUIREMENTS, BEGINNING WITH SCHOOL YEAR 2007-2008</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scF/s74.61"><num value="74.61">§74.61</num><heading>High School Graduation Requirements</heading><content>(a) Graduates of each high school are awarded the same type of diploma. The transcript or academic achievement record (AAR), rather than the diploma, records individual accomplishments, achievements, and courses completed and displays appropriate graduation seals.(b) All credit for graduation must be earned no later than Grade 12.(c) Except as provided in subsections (d) and (e) of this section, a student entering Grade 9 in the 2007-2008 school year and thereafter shall enroll in the courses necessary to complete the curriculum requirements for the recommended high school program specified in §74.63 of this title (relating to Recommended High School Program) or the advanced program specified in §74.64 of this title (relating to Distinguished Achievement High School Program--Advanced High School Program) unless the student, the student's parent or other person standing in parental relation to the student, and a school counselor or school administrator agree in writing signed by each party that the student should be permitted to take courses under the minimum high school program specified in §74.62 of this title (relating to Minimum High School Program) and the student:(1) is at least 16 years of age;(2) has completed two credits required for graduation in each subject of the foundation curriculum under the Texas Education Code, §28.002(a)(1); or(3) has failed to be promoted to Grade 10 one or more times as determined by the school district.(d) A student who was permitted to take courses under the minimum high school program prior to the 2009-2010 school year may remain in the minimum high school program.(e) If an admission, review, and dismissal committee makes decisions that place a student with a disability on a modified curriculum in a subject area, the student will be automatically placed in the minimum high school program.(f) High school courses successfully completed prior to Grade 9 and the 2007-2008 school year shall count toward graduation in the manner established in this chapter for credit in the year the course is successfully completed.(g) To receive a high school diploma, a student entering Grade 9 in the 2007-2008 school year and thereafter must complete the following:(1) in accordance with subsection (c) of this section, requirements of the minimum high school program specified in §74.62 of this title, the recommended high school program specified in §74.63 of this title, or the distinguished achievement high school program specified in §74.64 of this title; and(2) testing requirements for graduation as specified in Chapter 101 of this title (relating to Assessment).(h) A maximum of three credits of reading (selected from Reading I, II, or III) may be offered by districts for state graduation elective credit for identified students under the following conditions.(1) The school district board of trustees shall adopt policies to identify students in need of additional reading instruction.(2) District procedures shall include assessment of individual student needs, ongoing evaluation of each student's progress, and monitoring of instructional activities to ensure that student needs are addressed.(i) An out-of-state or out-of-country transfer student (including foreign exchange students) or a transfer student from a Texas nonpublic school is eligible to receive a Texas diploma, but must complete all requirements of this section to satisfy state graduation requirements. Any course credit required in this section that is not completed by the student before he or she enrolls in a Texas school district may be satisfied through the provisions of §74.23 of this title (relating to Correspondence Courses and Distance Learning) and §74.24 of this title (relating to Credit by Examination) or by completing the course or courses according to the provisions of §74.26 of this title (relating to Award of Credit).(j) Elective credits in all three graduation programs may be selected from the following:(1) high school courses not required for graduation that are listed in the following chapters of this title:(A) Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading);(B) Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics);(C) Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science);(D) Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies);(E) Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English);(F) Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education);(G) Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education);(H) Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts);(I) Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications);(J) Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Development); and(K) Chapter 130 of this title (relating to Texas Essential Knowledge and Skills for Career and Technical Education);(2) state-approved innovative courses as specified in §74.27 of this title (relating to Innovative Courses and Programs);(3) Junior Reserve Officer Training Corps (JROTC)--one to four credits; or(4) Driver Education--one-half credit.(k) College Board advanced placement and International Baccalaureate courses may be substituted for courses required in appropriate areas in all three high school graduation programs. College Board advanced placement and International Baccalaureate courses may be used as electives in all three high school graduation programs.(l) Courses offered for dual credit in the core curriculum of an institution of higher education that cover all of the essential knowledge and skills for a course required for graduation may be substituted for courses required in the foundation curriculum and for languages other than English in all three high school graduation programs.(m) Transition for physical education and science requirements.(1) Science and physical education graduation requirements successfully completed prior to the 2010-2011 school year shall count toward graduation in the manner established at the time the credit was earned.(2) Physical education graduation requirements successfully completed through a two- or three-credit career and technical education work-based training course prior to the 2011-2012 school year shall count toward graduation.</content><note type="source"><p>Source Note: The provisions of this §74.61 adopted to be effective September 1, 2005, 29 TexReg 9357; amended to be effective January 9, 2007, 32 TexReg 80; amended to be effective December 25, 2007, 32 TexReg 9624; amended to be effective August 23, 2010, 35 TexReg 5543.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scF/s74.62"><num value="74.62">§74.62</num><heading>Minimum High School Program</heading><content>(a) Credits. A student must earn at least 22 credits to complete the Minimum High School Program.(b) Core Courses. A student must demonstrate proficiency in the following.(1) English language arts--four credits. Three of the credits must consist of English I, II, and III (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages). The final credit may be selected from the following courses:(A) English IV;(B) Research/Technical Writing;(C) Creative/Imaginative Writing;(D) Practical Writing Skills;(E) Literary Genres;(F) Business English;(G) Journalism;(H) Advanced Placement (AP) English Language and Composition; and(I) AP English Literature and Composition.(2) Mathematics--three credits. Two of the credits must consist of Algebra I and Geometry. The final credit may be selected from the following courses:(A) Algebra II;(B) Precalculus;(C) Mathematical Models with Applications;(D) Independent Study in Mathematics;(E) AP Statistics;(F) AP Calculus AB;(G) AP Calculus BC;(H) AP Computer Science;(I) International Baccalaureate (IB) Mathematical Studies Standard Level;(J) IB Mathematics Standard Level;(K) IB Mathematics Higher Level;(L) IB Further Mathematics Standard Level;(M) Mathematical Applications in Agriculture, Food, and Natural Resources;(N) Engineering Mathematics;(O) Statistics and Risk Management;(P) Robotics Programming and Design;(Q) Discrete Mathematics for Problem Solving;(R) Discrete Mathematics for Computer Science; and(S) Digital Electronics.(3) Science--two credits. The credits must consist of Biology and Integrated Physics and Chemistry (IPC). A student may substitute Chemistry or Physics for IPC and then must use the second of these two courses as the academic elective credit identified in subsection (b)(6) of this section.(4) Social studies--two and one-half credits. One and one-half of the credits must consist of United States History Studies Since Reconstruction (one credit) and United States Government (one-half credit). The final credit may be selected from the following courses:(A) World History Studies; and(B) World Geography Studies.(5) Economics, with emphasis on the free enterprise system and its benefits--one-half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.(6) Academic elective--one credit. The credit must be selected from World History Studies, World Geography Studies, or any science course approved by the State Board of Education (SBOE) for science credit as found in Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science). If a student elects to replace IPC with either Chemistry or Physics as described in subsection (b)(3) of this section, the academic elective must be the other of these two science courses.(7) Physical education--one credit.(A) The required credit may be from any combination of the following one-half to one credit courses:(i) Foundations of Personal Fitness;(ii) Adventure/Outdoor Education;(iii) Aerobic Activities; and(iv) Team or Individual Sports.(B) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:(i) Athletics;(ii) Junior Reserve Officer Training Corps (JROTC); and(iii) appropriate private or commercially-sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.(I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.(II) Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.(C) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:(i) Drill Team;(ii) Marching Band; and(iii) Cheerleading.(D) All substitution activities allowed in subparagraphs (B) and (C) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.(E) Credit may not be earned for any course identified in subparagraph (A) of this paragraph more than once. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B) and (C) of this paragraph.(8) Speech--one-half credit. The credit may be selected from the following courses:(A) Communication Applications; and(B) Professional Communications.(9) Fine arts--one credit, beginning with school year 2010-2011. A student entering Grade 9 beginning with the 2010-2011 school year must complete one credit in fine arts. The credit may be selected from the following courses:(A) Art, Level I, II, III, or IV;(B) Dance, Level I, II, III, or IV;(C) Music, Level I, II, III, or IV;(D) Theatre, Level I, II, III, or IV; and(E) Principles and Elements of Floral Design.(c) Elective Courses--seven and one-half credits. The credits must be selected from the list of courses specified in §74.61(j) of this title (relating to High School Graduation Requirements).(d) Elective courses, beginning with school year 2010-2011. A student entering Grade 9 beginning with the 2010-2011 school year must complete six and one-half credits of electives in addition to one credit in fine arts. The credits must be selected from the list of courses specified in §74.61(j) of this title.</content><note type="source"><p>Source Note: The provisions of this §74.62 adopted to be effective September 1, 2005, 29 TexReg 9357; amended to be effective August 23, 2010, 35 TexReg 5543; amended to be effective August 25, 2013, 38 TexReg 5469; amended to be effective August 25, 2014, 39 TexReg 639.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scF/s74.63"><num value="74.63">§74.63</num><heading>Recommended High School Program</heading><content>(a) Credits. A student must earn at least 26 credits to complete the Recommended High School Program.(b) Core Courses. A student must demonstrate proficiency in the following:(1) English language arts--four credits. The credits must consist of English I, II, III, and IV (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages).(2) Mathematics--four credits. Three of the credits must consist of Algebra I, Algebra II, and Geometry.(A) The additional credit may be Mathematical Models with Applications and must be successfully completed prior to Algebra II.(B) The fourth credit may be selected from the following courses after successful completion of Algebra I, Geometry, and Algebra II:(i) Precalculus;(ii) Independent Study in Mathematics;(iii) Advanced Placement (AP) Statistics;(iv) AP Calculus AB;(v) AP Calculus BC;(vi) AP Computer Science;(vii) International Baccalaureate (IB) Mathematical Studies Standard Level;(viii) IB Mathematics Standard Level;(ix) IB Mathematics Higher Level;(x) IB Further Mathematics Standard Level;(xi) Robotics Programming and Design;(xii) Discrete Mathematics for Problem Solving;(xiii) Discrete Mathematics for Computer Science; and(xiv) pursuant to the Texas Education Code (TEC), §28.025(b-5), a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency shall maintain a current list of courses approved under this clause.(C) The additional credit may be selected from the following courses and may be taken after the successful completion of Algebra I and Geometry and either after the successful completion of or concurrently with Algebra II:(i) Engineering Mathematics;(ii) Mathematical Applications in Agriculture, Food, and Natural Resources;(iii) Statistics and Risk Management; and(iv) Digital Electronics.(3) Science--four credits. Three of the credits must consist of a biology credit (Biology, AP Biology, or IB Biology), a chemistry credit (Chemistry, AP Chemistry, or IB Chemistry), and a physics credit (Physics, Principles of Technology, AP Physics, or IB Physics).(A) The additional credit may be Integrated Physics and Chemistry (IPC) and must be successfully completed prior to chemistry and physics.(B) The fourth credit may be selected from the following laboratory-based courses:(i) Aquatic Science;(ii) Astronomy;(iii) Earth and Space Science;(iv) Environmental Systems;(v) AP Biology;(vi) AP Chemistry;(vii) AP Physics B;(viii) AP Physics C;(ix) AP Environmental Science;(x) IB Biology;(xi) IB Chemistry;(xii) IB Physics;(xiii) IB Environmental Systems; and(xiv) pursuant to the TEC, §28.025(b-5), a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency shall maintain a current list of courses approved under this clause.(C) The additional credit may be selected from the following laboratory-based courses and may be taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with physics:(i) Scientific Research and Design;(ii) Anatomy and Physiology;(iii) Engineering Design and Problem Solving;(iv) Medical Microbiology;(v) Pathophysiology;(vi) Advanced Animal Science;(vii) Advanced Biotechnology;(viii) Advanced Plant and Soil Science;(ix) Food Science;(x) Forensic Science; and(xi) Principles of Engineering.(4) Social studies--three and one-half credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).(5) Economics, with emphasis on the free enterprise system and its benefits--one-half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.(6) Languages other than English--two credits. The credits must consist of any two levels in the same language.(7) Physical education--one credit.(A) The required credit may be from any combination of the following one-half to one credit courses:(i) Foundations of Personal Fitness;(ii) Adventure/Outdoor Education;(iii) Aerobic Activities; and(iv) Team or Individual Sports.(B) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:(i) Athletics;(ii) Junior Reserve Officer Training Corps (JROTC); and(iii) appropriate private or commercially-sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.(I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.(II) Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.(C) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:(i) Drill Team;(ii) Marching Band; and(iii) Cheerleading.(D) All substitution activities allowed in subparagraphs (B) and (C) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.(E) Credit may not be earned for any course identified in subparagraph (A) of this paragraph more than once. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B) and (C) of this paragraph.(F) If a student is unable to comply with all of the requirements for a physical education course due to a physical limitation certified by a licensed medical practitioner, a modification to a physical education course does not prohibit the student from earning a Recommended High School Program diploma. A student with a physical limitation must still demonstrate proficiency in the relevant knowledge and skills in a physical education course that do not require physical activity.(8) Speech--one-half credit. The credit may be selected from the following courses:(A) Communication Applications; and(B) Professional Communications.(9) Fine arts--one credit. The credit may be selected from the following courses:(A) Art, Level I, II, III, or IV;(B) Dance, Level I, II, III, or IV;(C) Music, Level I, II, III, or IV;(D) Theatre, Level I, II, III, or IV; and(E) Principles and Elements of Floral Design.(c) Elective Courses--five and one-half credits. The credits may be selected from the list of courses specified in §74.61(j) of this title (relating to High School Graduation Requirements). All students who wish to complete the Recommended High School Program are encouraged to study each of the four foundation curriculum areas (English language arts, mathematics, science, and social studies) every year in high school.(d) Substitutions. No substitutions are allowed in the Recommended High School Program, except as specified in this chapter.</content><note type="source"><p>Source Note: The provisions of this §74.63 adopted to be effective September 1, 2005, 29 TexReg 9357; amended to be effective January 9, 2007, 32 TexReg 80; amended to be effective August 23, 2010, 35 TexReg 5543; amended to be effective August 25, 2013, 38 TexReg 5469; amended to be effective August 25, 2014, 39 TexReg 639.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scF/s74.64"><num value="74.64">§74.64</num><heading>Distinguished Achievement High School Program--Advanced High School Program</heading><content>(a) Credits. A student must earn at least 26 credits to complete the Distinguished Achievement High School Program.(b) Core Courses. A student must demonstrate proficiency in the following:(1) English language arts--four credits. The credits must consist of English I, II, III, and IV (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages).(2) Mathematics--four credits. Three of the credits must consist of Algebra I, Algebra II, and Geometry.(A) The fourth credit may be selected from the following courses after successful completion of Algebra I, Algebra II, and Geometry:(i) Precalculus;(ii) Independent Study in Mathematics;(iii) Advanced Placement (AP) Statistics;(iv) AP Calculus AB;(v) AP Calculus BC;(vi) AP Computer Science;(vii) International Baccalaureate (IB) Mathematical Studies Standard Level;(viii) IB Mathematics Standard Level;(ix) IB Mathematics Higher Level;(x) IB Further Mathematics Standard Level;(xi) Robotics Programming and Design;(xii) Discrete Mathematics for Problem Solving;(xiii) Discrete Mathematics for Computer Science; and(xiv) pursuant to the Texas Education Code (TEC), §28.025(b-5), a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses approved under this clause.(B) The additional credit may be selected from the following courses and may be taken after the successful completion of Algebra I and Geometry and either after the successful completion of or concurrently with Algebra II:(i) Engineering Mathematics;(ii) Statistics and Risk Management; and(iii) Digital Electronics.(3) Science--four credits. Three of the credits must consist of a biology credit (Biology, AP Biology, or IB Biology), a chemistry credit (Chemistry, AP Chemistry, or IB Chemistry), and a physics credit (Physics, AP Physics, or IB Physics).(A) The fourth credit may be selected from the following laboratory-based courses:(i) Aquatic Science;(ii) Astronomy;(iii) Earth and Space Science;(iv) Environmental Systems;(v) AP Biology;(vi) AP Chemistry;(vii) AP Physics B;(viii) AP Physics C;(ix) AP Environmental Science;(x) IB Biology;(xi) IB Chemistry;(xii) IB Physics;(xiii) IB Environmental Systems; and(xiv) pursuant to the TEC, §28.025(b-5), a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses approved under this clause.(B) The additional credit may be selected from the following laboratory-based courses and may be taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with physics:(i) Scientific Research and Design;(ii) Anatomy and Physiology;(iii) Engineering Design and Problem Solving;(iv) Medical Microbiology;(v) Pathophysiology;(vi) Advanced Animal Science;(vii) Advanced Biotechnology;(viii) Advanced Plant and Soil Science;(ix) Food Science;(x) Forensic Science; and(xi) Principles of Engineering.(4) Social studies--three and one-half credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).(5) Economics, with emphasis on the free enterprise system and its benefits--one-half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.(6) Languages other than English--three credits. The credits must consist of any three levels in the same language.(7) Physical education--one credit.(A) The required credit may be from any combination of the following one-half to one credit courses:(i) Foundations of Personal Fitness;(ii) Adventure/Outdoor Education;(iii) Aerobic Activities; and(iv) Team or Individual Sports.(B) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:(i) Athletics;(ii) Junior Reserve Officer Training Corps (JROTC); and(iii) appropriate private or commercially-sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.(I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.(II) Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.(C) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:(i) Drill Team;(ii) Marching Band; and(iii) Cheerleading.(D) All substitution activities allowed in subparagraphs (B) and (C) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.(E) Credit may not be earned for any course identified in subparagraph (A) of this paragraph more than once. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B) and (C) of this paragraph.(F) If a student is unable to comply with all of the requirements for a physical education course due to a physical limitation certified by a licensed medical practitioner, a modification to a physical education course does not prohibit the student from earning a Distinguished Achievement Program diploma. A student with a physical limitation must still demonstrate proficiency in the relevant knowledge and skills in a physical education course that do not require physical activity.(8) Speech--one-half credit. The credit may be selected from the following courses:(A) Communication Applications; and(B) Professional Communications.(9) Fine arts--one credit. The credit may be selected from the following courses:(A) Art, Level I, II, III, or IV;(B) Dance, Level I, II, III, or IV;(C) Music, Level I, II, III, or IV;(D) Theatre, Level I, II, III, or IV; and(E) Principles and Elements of Floral Design.(c) Elective Courses--four and one-half credits. The credits may be selected from the list of courses specified in §74.61(j) of this title (relating to High School Graduation Requirements). All students who wish to complete the Distinguished Achievement High School Program are encouraged to study each of the four foundation curriculum areas (English language arts, mathematics, science, and social studies) every year in high school.(d) Advanced measures. A student also must achieve any combination of four of the following advanced measures. Original research/projects may not be used for more than two of the four advanced measures. The measures must focus on demonstrated student performance at the college or professional level. Student performance on advanced measures must be assessed through an external review process. The student may choose from the following options:(1) original research/project that is:(A) judged by a panel of professionals in the field that is the focus of the project; or(B) conducted under the direction of mentor(s) and reported to an appropriate audience; and(C) related to the required curriculum set forth in §74.1 of this title (relating to Essential Knowledge and Skills);(2) test data where a student receives:(A) a score of three or above on the College Board advanced placement examination;(B) a score of four or above on an International Baccalaureate examination; or(C) a score on the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) that qualifies the student for recognition as a commended scholar or higher by the College Board and National Merit Scholarship Corporation, as part of the National Hispanic Recognition Program (NHRP) of the College Board or as part of the National Achievement Scholarship Program of the National Merit Scholarship Corporation. The PSAT/NMSQT score shall count as only one advanced measure regardless of the number of honors received by the student; or(3) college academic courses, including those taken for dual credit, and advanced technical credit courses, including locally articulated courses, with a grade of 3.0 or higher.(e) Substitutions. No substitutions are allowed in the Distinguished Achievement High School Program, except as specified in this chapter.</content><note type="source"><p>Source Note: The provisions of this §74.64 adopted to be effective September 1, 2005, 29 TexReg 9357; amended to be effective January 9, 2007, 32 TexReg 80; amended to be effective August 23, 2010, 35 TexReg 5543; amended to be effective August 25, 2013, 38 TexReg 5469; amended to be effective August 25, 2014, 39 TexReg 639.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c74/scG"><num value="G">SUBCHAPTER G</num><heading>GRADUATION REQUIREMENTS, BEGINNING WITH SCHOOL YEAR 2012-2013</heading><section identifier="/us/state/tx/tac/t19/p2/c74/scG/s74.71"><num value="74.71">§74.71</num><heading>High School Graduation Requirements</heading><content>(a) Graduates of each high school program are awarded the same type of diploma. The transcript or academic achievement record (AAR), rather than the diploma, records individual accomplishments, achievements, and courses completed and displays appropriate graduation seals.(b) All credit for graduation must be earned no later than Grade 12.(c) Except as provided in subsection (d) of this section, a student entering Grade 9 in the 2012-2013 school year and thereafter shall enroll in the courses necessary to complete the curriculum requirements for the recommended high school program specified in §74.73 of this title (relating to Recommended High School Program) or the advanced program specified in §74.74 of this title (relating to Distinguished Achievement High School Program--Advanced High School Program) unless the student, the student's parent or other person standing in parental relation to the student, and a school counselor or school administrator agree in writing signed by each party that the student should be permitted to take courses under the minimum high school program specified in §74.72 of this title (relating to Minimum High School Program) and the student:(1) is at least 16 years of age;(2) has completed two credits required for graduation in each subject of the foundation curriculum under the Texas Education Code, §28.002(a)(1); or(3) has failed to be promoted to Grade 10 one or more times as determined by the school district.(d) If an admission, review, and dismissal committee makes decisions that place a student with a disability on a modified curriculum in a subject area, the student will be automatically placed in the minimum high school program.(e) To receive a high school diploma, a student entering Grade 9 in the 2012-2013 school year and thereafter must complete the following:(1) in accordance with subsection (c) of this section, requirements of the minimum high school program specified in §74.72 of this title, the recommended high school program specified in §74.73 of this title, or the distinguished achievement high school program specified in §74.74 of this title; and(2) testing requirements for graduation as specified in Chapter 101 of this title (relating to Assessment).(f) A maximum of three credits of reading (selected from Reading I, II, or III) may be offered by districts for state graduation elective credit for identified students under the following conditions.(1) The school district board of trustees shall adopt policies to identify students in need of additional reading instruction.(2) District procedures shall include assessment of individual student needs, ongoing evaluation of each student's progress, and monitoring of instructional activities to ensure that student needs are addressed.(g) An out-of-state or out-of-country transfer student (including foreign exchange students) or a transfer student from a Texas nonpublic school is eligible to receive a Texas diploma, but must complete all requirements of this section to satisfy state graduation requirements. Any course credit required in this section that is not completed by the student before he or she enrolls in a Texas school district may be satisfied through the provisions of §74.23 of this title (relating to Correspondence Courses and Distance Learning) and §74.24 of this title (relating to Credit by Examination) or by completing the course or courses according to the provisions of §74.26 of this title (relating to Award of Credit).(h) Elective credits in all three graduation programs may be selected from the following:(1) high school courses not required for graduation that are listed in the following chapters of this title:(A) Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading);(B) Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics);(C) Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science);(D) Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies);(E) Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English);(F) Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education);(G) Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education);(H) Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts);(I) Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications);(J) Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Development); and(K) Chapter 130 of this title (relating to Texas Essential Knowledge and Skills for Career and Technical Education);(2) state-approved innovative courses as specified in §74.27 of this title (relating to Innovative Courses and Programs);(3) Junior Reserve Officer Training Corps (JROTC)--one to four credits; and(4) Driver Education--one-half credit.(i) College Board advanced placement and International Baccalaureate courses may be substituted as appropriate for required courses in all three high school graduation programs. College Board advanced placement and International Baccalaureate courses may be used as electives in all three high school graduation programs.(j) Courses offered for dual credit in the core curriculum of an institution of higher education that provide advanced academic instruction beyond, or in greater depth than, the essential knowledge and skills for the equivalent high school course required for graduation may satisfy graduation requirements in the foundation curriculum and for languages other than English in all three high school graduation programs.(k) A student may not be enrolled in a course that has a required prerequisite unless:(1) the student has completed the prerequisite course(s);(2) the student has demonstrated equivalent knowledge as determined by the school district; or(3) the student was already enrolled in the course in an out-of-state, an out-of-country, or a Texas nonpublic school and transferred to a Texas public school prior to successfully completing the course.(l) A district may award credit for a course a student completed without having met the prerequisites if the student completed the course in an out-of-state, an out-of-country, or a Texas nonpublic school where there was not a prerequisite.</content><note type="source"><p>Source Note: The provisions of this §74.71 adopted to be effective May 30, 2012, 37 TexReg 3808.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scG/s74.72"><num value="74.72">§74.72</num><heading>Minimum High School Program</heading><content>(a) Credits. A student must earn at least 22 credits to complete the Minimum High School Program.(b) Core courses. A student must demonstrate proficiency in the following.(1) English language arts--four credits. Three of the credits must consist of English I, II, and III. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.) The final credit may be selected from one full credit or a combination of two half credits from the following courses:(A) English IV;(B) Research and Technical Writing;(C) Creative Writing;(D) Practical Writing Skills;(E) Literary Genres;(F) Business English;(G) Journalism;(H) Advanced Placement (AP) English Language and Composition; and(I) AP English Literature and Composition.(2) Mathematics--three credits. Two of the credits must consist of Algebra I and Geometry.(A) The final credit may be Algebra II. A student may not combine a half credit of Algebra II with a half credit from another mathematics course to satisfy the final mathematics credit requirement.(B) The final credit may be selected from one full credit or a combination of two half credits from the following courses:(i) Precalculus;(ii) Mathematical Models with Applications;(iii) Independent Study in Mathematics;(iv) Advanced Quantitative Reasoning;(v) Algebraic Reasoning;(vi) Statistics;(vii) AP Statistics;(viii) AP Calculus AB;(ix) AP Calculus BC;(x) AP Computer Science;(xi) International Baccalaureate (IB) Mathematical Studies Standard Level;(xii) IB Mathematics Standard Level;(xiii) IB Mathematics Higher Level;(xiv) IB Further Mathematics Standard Level;(xv) Mathematical Applications in Agriculture, Food, and Natural Resources;(xvi) Engineering Mathematics;(xvii) Statistics and Risk Management;(xviii) Robotics Programming and Design;(xix) Discrete Mathematics for Problem Solving;(xx) Discrete Mathematics for Computer Science; and(xxi) Digital Electronics.(3) Science--two credits. The credits must consist of Biology and Integrated Physics and Chemistry (IPC). A student may substitute a chemistry credit (Chemistry, AP Chemistry, or IB Chemistry), or a physics credit (Physics, Principles of Technology, AP Physics, or IB Physics) and then must use the second of these two courses as the academic elective credit identified in subsection (b)(5) of this section.(4) Social studies--three credits. Two of the credits must consist of United States History Studies Since 1877 (one credit), United States Government (one-half credit), and Economics with Emphasis on the Free Enterprise System and Its Benefits (one-half credit). The final credit may be selected from the following courses:(A) World History Studies; and(B) World Geography Studies.(5) Academic elective--one credit. The credit must be selected from World History Studies, World Geography Studies, or science course(s) approved by the State Board of Education (SBOE) for science credit as found in Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science). If a student elects to replace IPC with either Chemistry or Physics as described in subsection (b)(3) of this section, the academic elective must be the other of these two science courses. A student may not combine a half credit of either World History Studies or World Geography Studies with a half credit from another academic elective course to satisfy the academic elective credit requirement.(6) Physical education--one credit.(A) The required credit may be selected from any combination of the following one-half to one credit courses:(i) Foundations of Personal Fitness;(ii) Adventure/Outdoor Education;(iii) Aerobic Activities; and(iv) Team or Individual Sports.(B) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:(i) Athletics;(ii) Junior Reserve Officer Training Corps (JROTC); and(iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.(I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.(II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.(C) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:(i) Drill Team;(ii) Marching Band; and(iii) Cheerleading.(D) All substitution activities allowed in subparagraphs (B) and (C) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.(E) Credit may not be earned for any course identified in subparagraph (A) of this paragraph more than once. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B) and (C) of this paragraph.(F) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:(i) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A;(ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, §794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or(iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.(7) Speech--one-half credit. The credit may be selected from the following courses:(A) Communication Applications; and(B) Professional Communications.(8) Fine arts--one credit. The credit may be selected from the following courses:(A) Art, Level I, II, III, or IV;(B) Dance, Level I, II, III, or IV;(C) Music, Level I, II, III, or IV;(D) Theatre, Level I, II, III, or IV;(E) Principles and Elements of Floral Design;(F) Digital Art and Animation; and(G) 3-D Modeling and Animation.(c) Elective courses--six and one-half credits. The credits must be selected from the list of courses specified in §74.71(h) of this title (relating to High School Graduation Requirements). A student may not combine a half credit of a course for which there is an end-of-course assessment with another elective credit course to satisfy an elective credit requirement.(d) Substitutions. No substitutions are allowed in the Minimum High School Program, except as specified in this chapter.</content><note type="source"><p>Source Note: The provisions of this §74.72 adopted to be effective May 30, 2012, 37 TexReg 3808; amended to be effective August 25, 2013, 38 TexReg 5469; amended to be effective August 25, 2014, 39 TexReg 639; amended to be effective August 24, 2015, 40 TexReg 5329.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scG/s74.73"><num value="74.73">§74.73</num><heading>Recommended High School Program</heading><content>(a) Credits. A student must earn at least 26 credits to complete the Recommended High School Program.(b) Core courses. A student must demonstrate proficiency in the following:(1) English language arts--four credits. The credits must consist of English I, II, III, and IV. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.)(2) Mathematics--four credits. Three of the credits must consist of Algebra I, Algebra II, and Geometry.(A) The additional credit may be Mathematical Models with Applications and must be successfully completed prior to Algebra II.(B) The fourth credit may be selected from the following courses:(i) Precalculus;(ii) Independent Study in Mathematics;(iii) Advanced Quantitative Reasoning;(iv) Algebraic Reasoning;(v) Statistics;(vi) Advanced Placement (AP) Statistics;(vii) AP Calculus AB;(viii) AP Calculus BC;(ix) AP Computer Science;(x) International Baccalaureate (IB) Mathematical Studies Standard Level;(xi) IB Mathematics Standard Level;(xii) IB Mathematics Higher Level;(xiii) IB Further Mathematics Standard Level;(xiv) Robotics Programming and Design;(xv) Discrete Mathematics for Problem Solving;(xvi) Discrete Mathematics for Computer Science; and(xvii) pursuant to the Texas Education Code (TEC), §28.025(b-5), a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses approved under this clause.(C) The additional credit may be selected from the following courses and may be taken after the successful completion of Algebra I and Geometry and either after the successful completion of or concurrently with Algebra II:(i) Engineering Mathematics;(ii) Mathematical Applications in Agriculture, Food, and Natural Resources;(iii) Statistics and Risk Management; and(iv) Digital Electronics.(3) Science--four credits. Three of the credits must consist of a biology credit (Biology, AP Biology, or IB Biology), a chemistry credit (Chemistry, AP Chemistry, or IB Chemistry), and a physics credit (Physics, Principles of Technology, AP Physics, or IB Physics).(A) The additional credit may be Integrated Physics and Chemistry (IPC) and must be successfully completed prior to chemistry and physics.(B) The fourth credit may be selected from the following laboratory-based courses:(i) Aquatic Science;(ii) Astronomy;(iii) Earth and Space Science;(iv) Environmental Systems;(v) AP Biology;(vi) AP Chemistry;(vii) AP Physics B;(viii) AP Physics C;(ix) AP Environmental Science;(x) IB Biology;(xi) IB Chemistry;(xii) IB Physics;(xiii) IB Environmental Systems; and(xiv) pursuant to the TEC, §28.025(b-5), a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses approved under this clause.(C) The additional credit may be selected from the following laboratory-based courses and may be taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with physics:(i) Scientific Research and Design;(ii) Anatomy and Physiology;(iii) Engineering Design and Problem Solving;(iv) Medical Microbiology;(v) Pathophysiology;(vi) Advanced Animal Science;(vii) Advanced Biotechnology;(viii) Advanced Plant and Soil Science;(ix) Food Science;(x) Forensic Science; and(xi) Principles of Engineering.(4) Social studies--four credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since 1877 (one credit), United States Government (one-half credit), and Economics with Emphasis on the Free Enterprise System and Its Benefits (one-half credit).(5) Languages other than English--two credits. The credits must consist of any two levels in the same language.(6) Physical education--one credit.(A) The required credit may be selected from any combination of the following one-half to one credit courses:(i) Foundations of Personal Fitness;(ii) Adventure/Outdoor Education;(iii) Aerobic Activities; and(iv) Team or Individual Sports.(B) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:(i) Athletics;(ii) Junior Reserve Officer Training Corps (JROTC); and(iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.(I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.(II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.(C) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:(i) Drill Team;(ii) Marching Band; and(iii) Cheerleading.(D) All substitution activities allowed in subparagraphs (B) and (C) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.(E) Credit may not be earned for any course identified in subparagraph (A) of this paragraph more than once. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B) and (C) of this paragraph.(F) If a student is unable to comply with all of the requirements for a physical education course due to a physical limitation certified by a licensed medical practitioner, a modification to a physical education course does not prohibit the student from earning a Recommended High School Program diploma. A student with a physical limitation must still demonstrate proficiency in the relevant knowledge and skills in a physical education course that do not require physical activity.(G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:(i) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the Texas Education Code, Chapter 29, Subchapter A;(ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, §794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or(iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.(7) Speech--one-half credit. The credit may be selected from the following courses:(A) Communication Applications; and(B) Professional Communications.(8) Fine arts--one credit. The credit may be selected from the following courses:(A) Art, Level I, II, III, or IV;(B) Dance, Level I, II, III, or IV;(C) Music, Level I, II, III, or IV;(D) Theatre, Level I, II, III, or IV;(E) Principles and Elements of Floral Design;(F) Digital Art and Animation; and(G) 3-D Modeling and Animation.(c) Elective courses--five and one-half credits. The credits may be selected from the list of courses specified in §74.71(h) of this title (relating to High School Graduation Requirements). All students who wish to complete the Recommended High School Program are encouraged to study each of the four foundation curriculum areas (English language arts, mathematics, science, and social studies) every year in high school. A student may not combine a half credit of a course for which there is an end-of-course assessment with another elective credit course to satisfy an elective credit requirement.(d) Substitutions. No substitutions are allowed in the Recommended High School Program, except as specified in this chapter.</content><note type="source"><p>Source Note: The provisions of this §74.73 adopted to be effective May 30, 2012, 37 TexReg 3808; amended to be effective August 25, 2013, 38 TexReg 5469; amended to be effective August 25, 2014, 39 TexReg 639; amended to be effective August 24, 2015, 40 TexReg 5329.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c74/scG/s74.74"><num value="74.74">§74.74</num><heading>Distinguished Achievement High School Program--Advanced High School Program</heading><content>(a) Credits. A student must earn at least 26 credits to complete the Distinguished Achievement High School Program.(b) Core courses. A student must demonstrate proficiency in the following:(1) English language arts--four credits. The credits must consist of English I, II, III, and IV. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.)(2) Mathematics--four credits. Three of the credits must consist of Algebra I, Algebra II, and Geometry.(A) The fourth credit may be selected from the following courses after successful completion of Algebra I, Algebra II, and Geometry:(i) Precalculus;(ii) Independent Study in Mathematics;(iii) Advanced Quantitative Reasoning;(iv) Statistics;(v) Advanced Placement (AP) Statistics;(vi) AP Calculus AB;(vii) AP Calculus BC;(viii) AP Computer Science;(ix) International Baccalaureate (IB) Mathematical Studies Standard Level;(x) IB Mathematics Standard Level;(xi) IB Mathematics Higher Level;(xii) IB Further Mathematics Standard Level;(xiii) Robotics Programming and Design;(xiv) Discrete Mathematics for Problem Solving;(xv) Discrete Mathematics for Computer Science; and(xvi) pursuant to the Texas Education Code (TEC), §28.025(b-5), a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses approved under this clause.(B) The additional credit may be selected from the following courses and may be taken after the successful completion of Algebra I and Geometry and either after the successful completion of or concurrently with Algebra II:(i) Engineering Mathematics;(ii) Statistics and Risk Management; and(iii) Digital Electronics.(3) Science--four credits. Three of the credits must consist of a biology credit (Biology, AP Biology, or IB Biology), a chemistry credit (Chemistry, AP Chemistry, or IB Chemistry), and a physics credit (Physics, AP Physics, or IB Physics).(A) The fourth credit may be selected from the following laboratory-based courses:(i) Aquatic Science;(ii) Astronomy;(iii) Earth and Space Science;(iv) Environmental Systems;(v) AP Biology;(vi) AP Chemistry;(vii) AP Physics B;(viii) AP Physics C;(ix) AP Environmental Science;(x) IB Biology;(xi) IB Chemistry;(xii) IB Physics;(xiii) IB Environmental Systems; and(xiv) pursuant to the TEC, §28.025(b-5), a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses approved under this clause.(B) The additional credit may be selected from the following laboratory-based courses and may be taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with physics:(i) Scientific Research and Design;(ii) Anatomy and Physiology;(iii) Engineering Design and Problem Solving;(iv) Medical Microbiology;(v) Pathophysiology;(vi) Advanced Animal Science;(vii) Advanced Biotechnology;(viii) Advanced Plant and Soil Science;(ix) Food Science;(x) Forensic Science; and(xi) Principles of Engineering.(4) Social studies--four credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since 1877 (one credit), United States Government (one-half credit), and Economics with Emphasis on the Free Enterprise System and Its Benefits (one-half credit).(5) Languages other than English--three credits. The credits must consist of any three levels in the same language.(6) Physical education--one credit.(A) The required credit may be selected from any combination of the following one-half to one credit courses:(i) Foundations of Personal Fitness;(ii) Adventure/Outdoor Education;(iii) Aerobic Activities; and(iv) Team or Individual Sports.(B) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:(i) Athletics;(ii) Junior Reserve Officer Training Corps (JROTC); and(iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.(I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.(II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.(C) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:(i) Drill Team;(ii) Marching Band; and(iii) Cheerleading.(D) All substitution activities allowed in subparagraphs (B) and (C) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.(E) Credit may not be earned for any course identified in subparagraph (A) of this paragraph more than once. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B) and (C) of this paragraph.(F) If a student is unable to comply with all of the requirements for a physical education course due to a physical limitation certified by a licensed medical practitioner, a modification to a physical education course does not prohibit the student from earning a Distinguished Achievement Program diploma. A student with a physical limitation must still demonstrate proficiency in the relevant knowledge and skills in a physical education course that do not require physical activity.(G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:(i) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A;(ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, §794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or(iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.(7) Speech--one-half credit. The credit may be selected from the following courses:(A) Communication Applications; and(B) Professional Communications.(8) Fine arts--one credit. The credit may be selected from the following courses:(A) Art, Level I, II, III, or IV;(B) Dance, Level I, II, III, or IV;(C) Music, Level I, II, III, or IV;(D) Theatre, Level I, II, III, or IV;(E) Principles and Elements of Floral Design;(F) Digital Art and Animation; and(G) 3-D Modeling and Animation.(c) Elective courses--four and one-half credits. The credits may be selected from the list of courses specified in §74.71(h) of this title (relating to High School Graduation Requirements). All students who wish to complete the Distinguished Achievement High School Program are encouraged to study each of the four foundation curriculum areas (English language arts, mathematics, science, and social studies) every year in high school. A student may not combine a half credit of a course for which there is an end-of-course assessment with another elective credit course to satisfy an elective credit requirement.(d) Advanced measures. A student also must achieve any combination of four of the following advanced measures. Original research/projects may not be used for more than two of the four advanced measures. The measures must focus on demonstrated student performance at the college or professional level. Student performance on advanced measures must be assessed through an external review process. The student may choose from the following options:(1) original research/project that is:(A) judged by a panel of professionals in the field that is the focus of the project; or(B) conducted under the direction of mentor(s) and reported to an appropriate audience; and(C) related to the required curriculum set forth in §74.1 of this title (relating to Essential Knowledge and Skills);(2) test data showing a student has earned:(A) a score of three or above on the College Board advanced placement examination;(B) a score of four or above on an International Baccalaureate examination; or(C) a score on the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) that qualifies the student for recognition as a commended scholar or higher by the College Board and National Merit Scholarship Corporation, as part of the National Hispanic Recognition Program (NHRP) of the College Board or as part of the National Achievement Scholarship Program of the National Merit Scholarship Corporation. The PSAT/NMSQT score shall count as only one advanced measure regardless of the number of honors received by the student; or(3) college academic courses, including those taken for dual credit, and advanced technical credit courses, including locally articulated courses, with a grade of 3.0 or higher.(e) Substitutions. No substitutions are allowed in the Distinguished Achievement High School Program, except as specified in this chapter.</content><note type="source"><p>Source Note: The provisions of this §74.74 adopted to be effective May 30, 2012, 37 TexReg 3808; amended to be effective August 25, 2013, 38 TexReg 5469; amended to be effective August 25, 2014, 39 TexReg 639; amended to be effective August 24, 2015, 40 TexReg 5329.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c75"><num value="75">CHAPTER 75</num><heading>CURRICULUM</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c75/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING DRIVER EDUCATION STANDARDS OF OPERATION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES</heading><section identifier="/us/state/tx/tac/t19/p2/c75/scAA/s75.1002"><num value="75.1002">§75.1002</num><heading>Driver Education Teachers</heading><content>(a) To qualify to teach all phases of driver education to minors or adults and add a driver education endorsement as a specialization area on his or her current Texas teaching certificate, an individual must:(1) possess a bachelor's degree;(2) complete six semester hours of driver education classroom, in-car, simulation, and traffic safety instruction if the individual entered driver education teacher instructor development training before January 1, 1999, or for individuals entering driver education teacher instructor development training on or after January 1, 1999, complete nine semester hours of driver education classroom, in-car, simulation, and traffic safety instruction that include, as a minimum, learning activities that focus on preparing the prospective driver educator to conduct:(A) driver education classroom knowledge courses with application to classroom organization; maintaining a learning environment; developing instructional modules for the classroom, observation, and simulator training; and facilitating learning experiences;(B) learning activities that develop vehicle operational skills for a novice driver with emphasis placed on laboratory organization and administration; maintaining a learning environment; developing laboratory instructional modules; and conducting learning experiences; and(C) driving task analysis that includes an introduction to the task of the driver within the highway transportation system with emphasis on risk perception and management and the decision-making process;(3) possess a valid Texas teaching certificate as defined by the State Board for Educator Certification;(4) possess a valid Texas driver's license for the type of vehicle used for instruction; and(5) not have accumulated 6 or more penalty points on a driving record during the preceding 36-month period. The school must use the standards for assessing penalty points for convictions of traffic law violations and accident involvements established under Texas Transportation Code, Chapter 708, Subchapter B. Instructors that accumulated 6 or more penalty points during the preceding 36-month period cannot be issued an endorsement until it is documented that the accumulated penalty is less than 6 points.(b) A fully certified teacher of driver education may be designated by the superintendent, college or university chief school official, education service center (ESC) director, or their designee assigned to manage the driver education program as a supervising teacher. A school district, an ESC, or a college or university that uses teaching assistants must designate a minimum of one driver education supervising teacher to supervise, mentor, and evaluate teaching assistants.(c) A student instructor may teach any practice teaching necessary for certification in the classroom phase of a driver education program under the direction and in the direct presence of a driver education teacher or supervising teacher or in accordance with the provisions of an approved alternative certification program. A student instructor may teach any practice teaching necessary for certification in the in-car phase of a driver education program under the direction and in the direct presence of a driver education teacher, supervising teacher or teaching assistant. The student instructor shall sign the student record for the training they instruct, and the driver education teacher, supervising teacher, or teaching assistant that observed the instruction shall co-sign.(d) Driver education instructors and student instructors shall provide training in an ethical manner so as to promote respect for the purpose and objectives of a driver education program. A driver education instructor or student instructor shall not:(1) make any sexual or obscene comments or gestures while performing the duties of an instructor or give instruction or allow a student to secure instruction in the classroom or in a motor vehicle if that instructor or student is using or exhibits any evidence or effect of an alcoholic beverage, controlled substance, drug, abusable glue, aerosol paint, or other volatile chemical as those terms are defined in the Alcohol Beverage Code and the Health and Safety Code;(2) falsify driver education records; or(3) have accumulated 6 or more penalty points on a driving record during the preceding 36-month period. The school must use the standards for assessing penalty points for convictions of traffic law violations and accident involvements established under Texas Transportation Code, Chapter 708, Subchapter B. Instructors that accumulated 6 or more penalty points during the preceding 36-month period cannot provide instruction until it is documented that the accumulated penalty is less than 6 points.(e) Driver education teachers and student instructors shall not teach more than eight hours of behind-the-wheel instruction per day.</content><note type="source"><p>Source Note: The provisions of this §75.1002 adopted to be effective January 1, 2000, 24 TexReg 11325; amended to be effective February 26, 2009, 34 TexReg 1236; amended to be effective December 29, 2010, 35 TexReg 11630.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scAA/s75.1003"><num value="75.1003">§75.1003</num><heading>Teaching Assistants</heading><content>(a) An individual may be employed as a teaching assistant in a driver education program under the direction of a supervising driver education teacher after completing one of the following programs.(1) Teaching assistant (full). An individual may be approved as a teaching assistant (full) to conduct behind-the-wheel, observation, multicar range, and simulator training instruction to minors or adults; to assist certified teachers in the classroom phase of driver education provided the instructor is present and in the room; and to serve as a temporary substitute instructor in the classroom phase of driver education for no more than 25% of a driver education classroom program by successfully completing:(A) a program of study in driver education approved by the Texas Education Agency (TEA). Applications are available from the TEA that must be submitted and approved by TEA before the training program begins;(B) nine semester hours of driver and traffic safety education from an approved university that are required for driver education teacher endorsement; or(C) nine semester hours of driver and traffic safety education instructor training as outlined in Texas Education Code, Chapter 1001.(2) Teaching assistant (in-car only). An individual may be approved as a teaching assistant (in-car only) to conduct only behind-the-wheel and observation training instruction to minors or adults by completing one of the following requirements:(A) six of the nine semester hours of driver and traffic safety education required for driver education teacher certification that include learning activities that focus on preparing the prospective driver educator to conduct vehicle operational skills for a novice driver with emphasis placed on laboratory organization and administration, maintaining a learning environment, developing laboratory instructional modules, conducting learning experiences, driving task analysis that includes an introduction to the task of the driver within the highway transportation system with emphasis on risk perception and management and the decision-making process; and driver education behind-the-wheel, observation, and traffic safety instructor development; and(B) six semester hours of driver and traffic safety education instructor training as outlined in Texas Education Code, Chapter 1001.(b) The TEA shall conduct criminal record evaluations and issue certificates of completed training for teaching assistants.(c) To be approved, a teaching assistant in driver education must have a high school diploma or equivalent, have been a licensed driver, excluding the instruction permit, for at least 5 years, possess a Texas driver's license valid for the type of vehicle used for instruction, and must not have accumulated 6 or more penalty points on a driving record during the preceding 36-month period. The school must use the standards for assessing penalty points for convictions of traffic law violations and accident involvements established under Texas Transportation Code, Chapter 708, Subchapter B.(d) A teaching assistant may be trained by an approved university as described in subsection (a)(1)(B) of this section; or by a university, college, school district, or an education service center (ESC) as described in subsection (a)(1)(A) of this section. When the training is conducted by a college, school district, or an ESC, the program must be approved by TEA. A driver education school licensed under Texas Education Code, Chapter 1001, may train teaching assistants as described in subsection (a)(1)(C) or subsection (a)(2)(B) of this section.(e) A school district, an ESC, or a college or university that uses teaching assistants must employ driver education supervising teachers to supervise, mentor, and evaluate the teaching assistants.(f) A student instructor may teach any practice teaching necessary for certification in the in-car phase of a driver education program under the direction and in the direct presence of a driver education teacher, supervising teacher, or teaching assistant. The student teacher shall sign the student record for the training they instruct, and the driver education teacher, supervising teacher, or teaching assistant that observed the instruction shall co-sign.(g) All teaching assistants (full or in-car only) and student instructors shall provide training in an ethical manner so as to promote respect for the purpose and objectives of a driver education program. A teaching assistant or student instructor shall not:(1) make any sexual or obscene comments or gestures while performing the duties of an instructor or give instruction or allow a student to secure instruction in a motor vehicle if that instructor or student is using or exhibits any evidence or effect of an alcoholic beverage, controlled substance, drug, abusable glue, aerosol paint, or other volatile chemical as those terms are defined in the Alcohol Beverage Code and the Health and Safety Code;(2) falsify driver education records; and(3) have accumulated 6 or more penalty points on a driving record during the preceding 36-month period. The school must use the standards for assessing penalty points for convictions of traffic law violations and accident involvements established under Texas Transportation Code, Chapter 708, Subchapter B. Instructors that accumulated 6 or more penalty points during the preceding 36-month period cannot provide instruction until it is documented that the accumulated penalty is less than 6 points.(h) All teaching assistants (full or in-car only) and student instructors shall not teach more than eight hours of behind-the-wheel instruction per day.</content><note type="source"><p>Source Note: The provisions of this §75.1003 adopted to be effective January 1, 2000, 24 TexReg 11325; amended to be effective February 26, 2009, 34 TexReg 1236; amended to be effective December 29, 2010, 35 TexReg 11630.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c75/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING PROVISIONS FOR CAREER AND TECHNICAL EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1021"><num value="75.1021">§75.1021</num><heading>Applicability</heading><content>The provisions of this subchapter apply only to school districts receiving federal career and technical education funds.</content><note type="source"><p>Source Note: The provisions of this §75.1021 adopted to be effective May 29, 1996, 21 TexReg 4329; amended to be effective June 7, 2010, 35 TexReg 4699.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1022"><num value="75.1022">§75.1022</num><heading>General Provisions</heading><content>(a) As specified in the Texas Education Code, §29.182, career and technical education is established as an integral part of the total education system and constitutes an option for student learning that provides a rigorous course of study that:(1) incorporates competencies leading to academic and technical skill attainment;(2) leads to an industry-recognized license, credential, or certificate or, at the postsecondary level, an associate or baccalaureate degree;(3) includes opportunities for students to earn college credit for coursework; and(4) includes, as an integral part of the program, participation by students and teachers in activities of career and technical student organizations supported by the Texas Education Agency (TEA) and State Board of Education.(b) The state shall distribute federal funds available under the Carl D. Perkins Career and Technical Education Improvement Act of 2006, Public Law 109-270 (Carl D. Perkins Act of 2006), to eligible institutions.(c) An eligible secondary entity seeking financial assistance under the Carl D. Perkins Act of 2006 shall submit a local plan to the TEA as described in 20 United States Code (USC), §2354, in accordance with requirements established by the TEA.(d) Each eligible recipient that receives funding under the Carl D. Perkins Act of 2006 shall use the funds to improve career and technical education programs in compliance with 20 USC, §2355.</content><note type="source"><p>Source Note: The provisions of this §75.1022 adopted to be effective May 29, 1996, 21 TexReg 4329; amended to be effective December 26, 1999, 24 TexReg 11325; amended to be effective June 7, 2010, 35 TexReg 4699.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1023"><num value="75.1023">§75.1023</num><heading>Provisions for Individuals Who Are Members of Special Populations</heading><content>(a) An individual who is a member of a special population as defined in 20 United States Code (USC), §2302(29), shall be provided career and technical education in accordance with all applicable federal law and regulations, state statutes, and rules of the State Board of Education (SBOE) and commissioner of education.(b) A student with a disability shall have access to career and technical education in accordance with the provisions of the Individuals with Disabilities Education Improvement Act (IDEA) of 2004, 20 USC, §§1400-1491o, and implementing regulations, state statutes, and rules of the SBOE and commissioner of education relating to services to students with disabilities.(c) A student with a disability shall be instructed in accordance with the student's individualized education program (IEP) in the least restrictive environment, as determined by the admission, review, and dismissal (ARD) committee. If a student is unable to receive a free appropriate public education (educational benefit) in a regular career and technical education program, using supplementary aids and services, the student may be served in separate programs designed to address the student's occupational/training needs, such as career and technical education for students with disabilities programs.(d) A student with a disability identified in accordance with provisions of Public Law 105-302 and the IDEA of 2004, 20 USC, §§1400-1491o, is an eligible participant in career and technical education when the requirements of this subsection are met.(1) The ARD committee shall include a representative from career and technical education, preferably the teacher, when considering initial or continued placement of a student in a career and technical education program. An ARD committee member, including a member described in this subsection, is not required to attend an ARD committee meeting if the conditions of 34 Code of Federal Regulations (CFR), §300.321(e)(1), regarding attendance, or 34 CFR, §300.321(e)(2), regarding excusal, have been met.(2) Planning for students with disabilities shall be coordinated among career and technical education, special education, and state rehabilitation agencies and should include a coherent sequence of courses.(3) A school district shall monitor to determine if the instruction being provided students with disabilities in career and technical education classes is consistent with the IEP developed for a student.(4) A school district shall provide supplementary services that each student with a disability needs to successfully complete a career and technical education program such as curriculum modification, equipment modification, classroom modification, supportive personnel, and instructional aids and devices.(5) A school district shall help fulfill the transitional service requirements of the IDEA of 2004, 20 USC, §§1400-1491o, and implementing regulations, state statutes, and rules of the commissioner of education for each student with a disability who is completing a coherent sequence of career and technical education courses.(6) When determining placement in a career and technical education classroom, the ARD committee shall consider a student's graduation plan, the content of the IEP, including the consideration of transition services, and classroom supports. Enrollment numbers should not create a harmful effect on student learning for a student with or without disabilities in accordance with the provisions in the IDEA of 2004, 20 USC, §§1400-1491o, and its implementing regulations.</content><note type="source"><p>Source Note: The provisions of this §75.1023 adopted to be effective May 29, 1996, 21 TexReg 4329; amended to be effective December 26, 1999, 24 TexReg 11325; amended to be effective June 7, 2010, 35 TexReg 4699; amended to be effective July 12, 2012, 37 TexReg 5132.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1024"><num value="75.1024">§75.1024</num><heading>Career and Technical Student Organizations</heading><content>(a) A school district may use federal career and technical education funds to provide opportunities for student participation in approved student leadership organizations and assist career and technical student organizations in accordance with all applicable federal and state laws, rules, and regulations. The following provisions apply to career and technical student organizations.(1) A student shall not be required to join such an organization.(2) Student participation in career and technical student organizations shall be governed in accordance with Chapter 76 of this title (relating to Extracurricular Activities).(b) The following career and technical student organizations are recognized by the United States Department of Education and the Texas Education Agency:(1) Business Professionals of America (BPA);(2) DECA;(3) Future Business Leaders of America (FBLA);(4) Future Educators Association (FEA);(5) FFA;(6) Family, Career and Community Leaders of America (FCCLA);(7) Health Occupations Students of America (HOSA);(8) Technology Student Association (TSA); and(9) SkillsUSA.</content><note type="source"><p>Source Note: The provisions of this §75.1024 adopted to be effective May 29, 1996, 21 TexReg 4329; amended to be effective December 26, 1999, 24 TexReg 11325; amended to be effective June 7, 2010, 35 TexReg 4699; amended to be effective July 12, 2012, 37 TexReg 5132.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1025"><num value="75.1025">§75.1025</num><heading>Program Evaluations</heading><content>Each district and consortium shall annually evaluate its career and technical education programs.</content><note type="source"><p>Source Note: The provisions of this §75.1025 adopted to be effective May 29, 1996, 21 TexReg 4329; amended to be effective December 26, 1999, 24 TexReg 11325; amended to be effective June 7, 2010, 35 TexReg 4699.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1031"><num value="75.1031">§75.1031</num><heading>Voluntary Workforce Training Standards and Agreements</heading><content>(a) A voluntary workforce training program means a career and technical secondary and postsecondary education program conducted under an agreement as described in §75.1033 of this title (relating to Certified Program Agreements) or a voluntary program certified by the Texas Education Agency (TEA) in conjunction with the Texas Workforce Commission that meets the standards prescribed under §75.1032 of this title (relating to Certification Standards). The voluntary workforce training program must:(1) integrate a secondary school academic curriculum with private sector workplace training and a postsecondary curriculum;(2) place the participant in job internships;(3) be designed to continue into postsecondary education and lead to the participant earning an associate's degree or a bachelor's degree;(4) result in teaching new skills and adding value to the wage-earning potential of the participant and increasing the participant's long-term employability in Texas; and(5) meet recognized or accepted industry standards.(b) The participants must be at least 16 years of age and enrolled in a public or private secondary or postsecondary school, or an equivalent program, and have begun to voluntarily participate in a certified voluntary workforce training program as part of secondary school education.(c) Each certified voluntary workforce training program must have a designated sponsor responsible for operating the program and in whose name the program is registered when certified by the TEA. The term "sponsor" shall be defined as the entity or organization in whose name the program is registered. Examples of sponsors may include, but are not be limited to, a business, a school district, a local workforce development board, or other appropriate entity that has agreed to operate the program according to the established guidelines.(d) No student will be required to participate in a certified voluntary workforce training program.</content><note type="source"><p>Source Note: The provisions of this §75.1031 adopted to be effective September 7, 2000, 25 TexReg 8642; amended to be effective June 7, 2010, 35 TexReg 4699; amended to be effective July 12, 2012, 37 TexReg 5132.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1032"><num value="75.1032">§75.1032</num><heading>Certification Standards</heading><content>(a) Entities wishing to sponsor a voluntary workforce training program will apply to the Texas Education Agency (TEA) for certification. The TEA will process applications from secondary and postsecondary sponsors. Applications that include an agreement between a participant and a sponsor that is not a secondary or postsecondary institution will be processed by the TEA in conjunction with the Texas Workforce Commission (Commission). The Commission's role in the certification process will be to review the applications and inform the TEA of any past violations of Texas Labor Code, Chapter 51 (Employment of Children) and Chapter 61 (Payment of Wages). The TEA will make the final determination of certification and revocation of certifications. Certification will be granted for a period of three years and will be reauthorized automatically every three years unless the program fails to maintain the required certification standards. The TEA may revoke certification at any time for failure to maintain the required certification standards.(b) Certified programs will agree to submit to the TEA annual documentation of student participants disaggregated by race, ethnicity, gender, and socioeconomic status.(c) If certified programs are inactive for two years, certification will be automatically revoked.(d) To be eligible for certification by the TEA, a program must meet the criteria in §75.1031(a) of this title (relating to Voluntary Workforce Training Standards and Agreements) and must:(1) be conducted under an organized, written training plan embodying the terms and conditions of employment, job training, classroom instruction, and supervision of participants and be approved by a sponsoring school district or other sponsoring entity that assumes responsibility to carry out the program;(2) comply with all local, state, and federal laws, including laws pertaining to fair labor standards and workplace health and safety;(3) comply with recognized industry standards applicable to the program in which the participant is engaged; and(4) include an agreement by the employer to assign an employee to serve as a mentor for the participant.</content><note type="source"><p>Source Note: The provisions of this §75.1032 adopted to be effective September 7, 2000, 25 TexReg 8642; amended to be effective July 12, 2012, 37 TexReg 5132.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1033"><num value="75.1033">§75.1033</num><heading>Certified Program Agreements</heading><content>(a) A certified program must be conducted under a signed written agreement between each participant and the employer. The agreement may include the following:(1) the name and signature of the participant, the sponsor, the employer, and a parent or guardian of the participant if the participant is under 18 years of age;(2) a description of the career field in which the participant is to be trained, the academic and technical skills to be attained, and the beginning date and duration of the broad-based training; and(3) the employer's agreement to provide paid employment, at a base wage not less than the minimum wage, for the participant during the participant's junior and senior years in high school. The agreement may extend after the participant's first year of postsecondary education.(b) A participant's time spent at the worksite in a certified program prescribed under §75.1031(a) of this title (relating to Voluntary Workforce Training Standards and Agreements) will be limited to 15 hours during the school week. A school week is defined as the week beginning at 12:01 a.m. on the first instructional day of a calendar week and ends at the close of instruction on the last instructional day of the calendar week, excluding holidays.(c) A participant may, but is not required to, enter into a postsecondary education agreement with the participant's employer. A postsecondary education agreement must include at least the following:(1) the participant's agreement to pay half of the participant's wages to be held in trust to be applied toward the participant's postsecondary education and the employer's agreement to pay into the trust an additional amount equal to the amount paid by the participant;(2) the participant's agreement to work for the employer for at least two years immediately following the date of completion of the participant's postsecondary education;(3) the employer's agreement to pay the participant during the period described under paragraph (2) of this subsection at least the prevailing wage for employees having a similar education or license and performing similar work and to provide other employee benefits to which employees performing similar work are entitled; and(4) the participant's agreement to reimburse the employer if the participant does not perform the two years of employment described by paragraph (2) of this subsection for the employer's contribution to the trust, plus interest at the prime interest rate at the time the participant defaults on the agreement. Terms of the reimbursement arrangements should be mutually determined by the employer, participant, and parent or guardian if the participant is under 18 years of age, and formalized through a written agreement.(d) The agreement between the participant and employer may be modified through mutual written consent at any time.(e) If a participant decides not to continue in the program before beginning postsecondary education, the participant and employer each shall be refunded, not later than the 30th day after the last date of participation in the program, their respective contributions to the trust and a pro rata share of the interest earned on the money in the trust.(f) The money held in trust under subsection (c)(1) of this section must be held for the benefit of the participant. The fund must be specified in the written agreement between the participant and the employer. The trust funds must be held in an account or fund with the beneficiary identified by name. The trust fund agreement must prohibit access to trust fund assets by a creditor of the employer, the participant, or the trustee. In developing a trust agreement, the employer and participant shall consider the qualifications and powers of the trustee, the method of and schedule for transferring funds to the trust, the investment of the trust fund, accounting requirements for the fund, requirements for and the method of disbursing funds from the trust, and requirements and procedures for the termination of the trust. Payment into a trust approved under 29 United States Code, §1103, for the benefit of the participant satisfies the requirements of this subsection.(g) An employer who enters into an agreement under this section may not retain participants solely to replace the employer's current employees.</content><note type="source"><p>Source Note: The provisions of this §75.1033 adopted to be effective September 7, 2000, 25 TexReg 8642; amended to be effective July 12, 2012, 37 TexReg 5132.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c75/scBB/s75.1034"><num value="75.1034">§75.1034</num><heading>Dispute Resolution</heading><content>Disputes regarding terms of the certified program agreement and/or postsecondary agreement will be decided between the employer and participant.</content><note type="source"><p>Source Note: The provisions of this §75.1034 adopted to be effective September 7, 2000, 25 TexReg 8642.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c76"><num value="76">CHAPTER 76</num><heading>EXTRACURRICULAR ACTIVITIES</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c76/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES</heading><section identifier="/us/state/tx/tac/t19/p2/c76/scAA/s76.1001"><num value="76.1001">§76.1001</num><heading>Extracurricular Activities</heading><content>(a) An extracurricular activity is an activity sponsored by the University Interscholastic League (UIL), the school district board of trustees, or an organization sanctioned by resolution of the board of trustees. The activity is not necessarily directly related to instruction of the essential knowledge and skills but may have an indirect relation to some areas of the curriculum. Extracurricular activities include, but are not limited to, public performances, contests, demonstrations, displays, and club activities, with the exception of public performances specified in paragraphs (2) and (3) of this subsection.(1) In addition, an activity shall be subject to the provisions for an extracurricular activity if any one of the following criteria apply:(A) the activity is competitive;(B) the activity is held in conjunction with another activity that is considered to be extracurricular;(C) the activity is held off campus, except in a case in which adequate facilities do not exist on campus;(D) the general public is invited; or(E) an admission is charged.(2) A student ineligible to participate in an extracurricular activity, but who is enrolled in a state-approved course that requires demonstration of the mastery of the essential knowledge and skills in a public performance, may participate in the performance subject to the following requirements and limitations.(A) Only the criterion listed in paragraph (1)(D) of this subsection applies to the performance.(B) The requirement for student participation in public is stated in the essential knowledge and skills of the course.(3) A student ineligible to participate in an extracurricular activity, but who is enrolled in a state-approved music course that participates in UIL Concert and Sightreading Evaluation, may perform with the ensemble during the UIL evaluation performance.(b) The school week is defined as beginning at 12:01 a.m. on the first instructional day of the calendar week and ending at the close of instruction on the last instructional day of the calendar week, excluding holidays.(c) In accordance with the provisions of the Texas Education Code (TEC), §33.0811, the number of times that a school district may allow a student to miss a class for extracurricular participation during a school year shall be determined by the school district board of trustees. Each school district must maintain an accurate record of extracurricular absences for each student in the school district each school year.(d) Limitations on practice, rehearsal, and student participation in extracurricular activities during the school week shall be as follows.(1) For any given extracurricular activity, a student may not participate in more than two activities per school week, excluding holidays, except as provided in paragraph (2) of this subsection.(2) In addition to the limit specified in paragraph (1) of this subsection of two extracurricular activities permitted per school week, a student may also participate in a tournament or post-district contest, as well as a contest postponed by weather or public disaster that may determine advancement to a post-district level of competition.(3) For each extracurricular activity, a school district must limit students to a maximum of eight hours of practice and rehearsal outside the school day per school week.(4) The commissioner of education recommends that school districts avoid scheduling extracurricular activities or public performances on the day or evening immediately preceding the day on which the administration of the statewide student assessment program is scheduled for Grades 3-11.(e) Limitations on practice and rehearsal for extracurricular activities during the school day shall be as follows.(1) A school district must limit a student to one period of practice during the regularly scheduled school day for extracurricular activities, such as athletics, or drill team, or cheerleading.(2) The limit specified in paragraph (1) of this subsection of one period per school day for practice in an extracurricular activity does not prohibit a student from enrolling in any state-approved class. A student who is enrolled in a state-approved class that includes essential knowledge and skills that relate to the preparation for an extracurricular activity may practice that extracurricular activity no more than one period during the school day.(3) A student may not be permitted to miss a scheduled academic class to practice for an unrelated extracurricular activity.(4) A school district must limit extracurricular practice during the school day to ensure that class periods for extracurricular practice do not exceed the time allotted for other class periods.(5) A school operates on a traditional class schedule or on a non-traditional class schedule, such as an alternating, accelerated, or a modified block schedule. Regardless of the schedule type in place, a school may elect to practice extracurricular activities daily, provided the total minutes allowed for the extracurricular practice is not greater than 300 minutes during the school week.(f) The provisions of this section apply to any UIL activity. Any other organization requiring student participation that causes a student to miss a class may request sanction from the school district board of trustees. If the organization is sanctioned by resolution of the board of trustees, student participation in the organization's activities shall be subject to all provisions of this section and statute. Any absence incurred by a student while participating with an organization that has not received sanction from the school district board of trustees shall be subject to provisions of the TEC related to student attendance.</content><note type="source"><p>Source Note: The provisions of this §76.1001 adopted to be effective April 9, 2000, 25 TexReg 2807; amended to be effective January 5, 2003, 27 TexReg 12189; amended to be effective May 1, 2019 44 TexReg 2157; amended to be effective November 30, 2025, 50 TexReg 7564.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c76/scAA/s76.1003"><num value="76.1003">§76.1003</num><heading>Extracurricular Athletic Activity Safety Training Requirements</heading><content>(a) The commissioner of education, in compliance with the Texas Education Code (TEC), §33.202, adopts the Extracurricular Activity Safety Training Program, provided by the University Interscholastic League, as an extracurricular athletic activity safety training program.(b) The commissioner of education, in compliance with the TEC, §33.202, adopts the educational requirements for licensure as a licensed athletic trainer, as set forth in 22 TAC §871.7 (relating to Qualifications) and 22 TAC §871.12 (relating to Continuing Education Requirements), as an extracurricular athletic activity safety training program.(c) The following persons must satisfactorily complete an adopted extracurricular athletic activity safety training program specified in subsection (a) or (b) of this section:(1) a coach or sponsor for an extracurricular athletic activity;(2) a trainer, except as provided by subsection (b) of this section;(3) a director responsible for a school marching band; and(4) a physician who is employed by a school or school district or who volunteers to assist with an extracurricular athletic activity, except as provided by subsection (d) of this section.(d) A physician who is employed by a school or school district or who volunteers to assist with an extracurricular athletic activity is not required to complete the safety training program if the physician submits to the school or school district documentation of successful completion of continuing medical education sufficient to comply with the continuing medical education requirements of the Texas Occupations Code, §156.051, and that the physician's continuing medical education specifically addresses emergency medicine.(e) Beginning with the 2008-2009 school year, each school district shall ensure and maintain documentation that each person subject to the TEC, §33.202, has satisfactorily completed the extracurricular athletic activity safety training program required by this section.</content><note type="source"><p>Source Note: The provisions of this §76.1003 adopted to be effective March 10, 2009, 34 TexReg 1585.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c78"><num value="78">CHAPTER 78</num><heading>COUNSELING, ADVISING, AND STUDENT SUPPORT</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c78/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES ON COUNSELING SERVICES</heading><section identifier="/us/state/tx/tac/t19/p2/c78/scAA/s78.1001"><num value="78.1001">§78.1001</num><heading>Statutorily Required Reporting through the Public Education Information Management System</heading><content>(a) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the number of full-time equivalent school counselors, defined as 40 hours of counseling services a week, at each campus.(b) Each school district and open-enrollment charter school shall report through TSDS PEIMS for each campus:(1) the availability of expanded learning opportunities that are provided during:(A) an extended school day program that students are required to attend as part of the regular program of the campus at which students are enrolled to increase the academic achievement and development of participating students;(B) an extended school year program that students are required to attend as part of the regular program of the campus at which students are enrolled to increase the academic achievement and development of participating students; or(C) a supplemental voluntary structured learning program that:(i) occurs outside of the regular school day, including before- and after-school programs and summer programs; and(ii) is coordinated with and enhances the regular academic program of the campus to increase the academic achievement and development of the participating student; and(2) the availability of expanded learning opportunities that are provided by offering:(A) rigorous coursework that includes activities related to providing Texas Essential Knowledge and Skills (TEKS)-aligned credit-earning courses, including activities related to dual credit and credit recovery; (B) mentoring that consists of scheduled interaction between a trained adult and an individual student in which the adult provides support and teaches life skills to help the student's personal and academic development;(C) tutoring that consists of one-on-one or small group instruction, led by a certified teacher, that provides supplemental content instruction or homework help to support student mastery of academic material and that does not include academic skill-building activities;(D) physical activity that consists of instructor-led activities designed to provide students with supplemental opportunities for individual or group exercise or related knowledge and skills that encourage regular physical activity;(E) academic support that provides supplemental instruction related to student academic skill development, including compensatory education, test-taking skills, and related academic skill-building, and that does not include tutoring and homework help; or(F) educational enrichment in one or more subjects, including fine arts, civic engagement, science, technology, engineering, and mathematics, that includes activities that engage students in actively exploring academic content introduced during the regular school day to increase the academic success of students and consists of activities that are intentionally designed to align with but not replicate the instruction.</content><note type="source"><p>Source Note: The provisions of this §78.1001 adopted to be effective July 7, 2025, 50 TexReg 3907.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c78/scAA/s78.1003"><num value="78.1003">§78.1003</num><heading>Annual Assessment of School District Compliance</heading><content>(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Comprehensive school counseling program--provision of a guidance curriculum, responsive services, individual planning, and system support as described in Texas Education Code (TEC), §33.005(b). (2) Duties that are components of a counseling program--work activities related to the development, implementation, and evaluation of a comprehensive school counseling program as described in TEC, §33.005(b). (3) School counselor--the position described by TEC, §21.003, and Chapter 239, Subchapter A, of this title (relating to School Counselor Certificate).(4) School counselor's total work time--the amount of time, reported in hours, that a school counselor is contracted to work as a school counselor for a school district during a school year.(b) School districts shall require each district school counselor to track and document, using a standardized tracking tool, as established by each district, the time spent on work duties performed by the school counselor throughout a school year. This tracking tool shall:(1) include the following components:(A) the total work time worked by the school counselor for the year;(B) the total time spent on the following duties that are components of a counseling program developed under TEC, §33.005: (i) provision of a guidance curriculum;(ii) responsive services for students;(iii) individual planning for students; and(iv) system support; and(C) the total time spent on duties that are not components of a counseling program developed under TEC, §33.005, including time spent in administering assessment instruments or providing other assistance in connection with assessment instruments (except time spent in interpreting data from assessment instruments); and(2) be maintained by the district in a format that can be made available to Texas Education Agency (TEA) upon request.(c) School districts shall annually assess the district's compliance with the policy adopted under TEC, §33.006(d). The assessment shall include:(1) work time tracking documentation as described in subsection (b) of this section for each school counselor in the district; (2) the number of school counselors whose work was in compliance with the district policy adopted under TEC, §33.006(d); and(3) the number of school counselors in the district whose work was not in compliance with the district policy adopted under TEC, §33.006(d).(d) The assessment described in subsection (c) of this section shall be maintained by the school district in a format that can be made available to TEA upon request.(e) Not later than October 15 of each year, TEA will request the following information from a randomly selected sample of school districts, with district responses required to be submitted to TEA not later than November 15 of each year in the format requested by TEA:(1) a copy of the district policy adopted under TEC, §33.006(d); (2) a copy of the district annual assessment as required by subsection (c) of this section;(3) the number of school counselors in the district from the previous school year;(4) the number of school counselors in the district whose work is determined by the district to be out of compliance with the district policy adopted under TEC, §33.006(d); and(5) any other findings, conclusions, or analysis included in the annual assessment required by subsection (c) of this section, including proposed strategies to address any lack of compliance with the district policy adopted under TEC, §33.006(d).</content><note type="source"><p>Source Note: The provisions of this §78.1003 adopted to be effective July 7, 2025, 50 TexReg 3907.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c78/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES ON STUDENT ADVISING</heading><section identifier="/us/state/tx/tac/t19/p2/c78/scBB/s78.2001"><num value="78.2001">§78.2001</num><heading>Counseling Public School Students Regarding Higher Education</heading><content>(a) In accordance with Texas Education Code (TEC), §33.007, a counselor shall provide certain information about higher education to a student and a student's parent or guardian during the first year the student is enrolled in a high school or at the high school level in an open-enrollment charter school and again during each year of a student's enrollment in high school.(b) The information that counselors provide in accordance with subsection (a) of this section must include information regarding all of the following:(1) the importance of higher education, which:(A) includes workforce education, liberal arts studies, science education, graduate education, and professional education to provide broad educational opportunities for all students;(B) furthers students' intellectual and academic development; and(C) offers students more career choices and a greater potential earning power;(2) the advantages of earning an endorsement and a performance acknowledgment and completing the distinguished level of achievement under the foundation high school program, including, at a minimum, curriculum programs which:(A) provide students with opportunities to complete higher-level course work, particularly in mathematics, science, social studies, and languages other than English, thereby:(i) increasing students' readiness for higher education and reducing the need for additional preparation for college-level work;(ii) preparing students for additional advanced work and research in both career and educational settings;(iii) allowing students, in certain instances, to receive college credit for their high school course work; and(iv) enabling students to be eligible for certain financial aid programs for which they would otherwise be ineligible (e.g., the TEXAS grant program);(B) enable students to receive an academic achievement record noting the completion of either the recommended program or higher; and(C) provide students who elect to complete the distinguished achievement program with an opportunity to demonstrate student performance at the college or career level by demonstrating certain advanced measures of achievement;(3) the advantages of taking courses leading to a high school diploma relative to the disadvantages of preparing for a high school equivalency examination, including:(A) the progressive relationship between education and income; and(B) the greater possibility for post-secondary opportunities (including higher education and military service) that are available to students with a high school diploma;(4) financial aid eligibility, including;(A) the types of available aid, not limited to need-based aid, and including grants, scholarships, loans, tuition and/or fee exemptions, and work-study;(B) the types of organizations that offer financial aid, such as federal and state government, civic or church groups, foundations, nonprofit organizations, parents' employers, and institutions of higher education; and(C) the importance of meeting financial aid deadlines;(5) instruction on how to apply for financial aid, including guidance and assistance in:(A) determining when is the most appropriate time to complete financial aid forms; and(B) completing and submitting the Free Application for Federal Student Aid (FAFSA) or any new version of this form as adopted by the U.S. Department of Education;(6) the Texas Higher Education Coordinating Board's Center for Financial Aid Information, including its toll-free telephone line, its Internet website address, and the various publications available to students and their parents;(7) the Automatic Admissions policy, which provides certain students who graduate in the top 10% of their high school class with automatic admission into Texas public universities; and(8) the general eligibility and academic performance requirements for the TEXAS grant program, which allows students meeting the academic standards set by their college or university to receive awards for up to 150 credit hours or for six years or until they receive their bachelor's degree, whichever occurs first. The specific eligibility and academic performance requirements, along with certain exemptions to these requirements, are specified in Chapter 22, Subchapter L, of this title (relating to Toward Excellence, Access and Success (TEXAS) Grant Program). The general requirements include:(A) Texas residency;(B) financial need;(C) registration for the Selective Service or exemption from this requirement;(D) completion of the recommended high school program or higher or, in the case of a public high school that did not offer all of the courses necessary to complete the recommended or higher curriculum, a certification from the district that certifies that the student completed all courses toward such a curriculum that the high school had to offer;(E) enrollment of at least three-quarters time in an undergraduate degree or certificate program within 16 months of high school graduation, unless an allowable exemption is satisfied; and(F) no conviction of a felony or crime involving a controlled substance, unless certain conditions are met.</content><note type="source"><p>Source Note: The provisions of this §78.2001 adopted to be effective July 7, 2025, 50 TexReg 3907.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c89"><num value="89">CHAPTER 89</num><heading>ADAPTATIONS FOR SPECIAL POPULATIONS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scA"><num value="A">SUBCHAPTER A</num><heading>GIFTED/TALENTED EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scA/s89.1"><num value="89.1">§89.1</num><heading>Student Identification</heading><content>School districts shall develop written policies on student identification that are approved by the local board of trustees and disseminated to parents. The policies must:(1) include provisions for ongoing screening and selection of students who perform or show potential for performing at remarkably high levels of accomplishment in the areas defined in the Texas Education Code, §29.121;(2) include assessment measures collected from multiple sources according to each area defined in the Texas State Plan for the Education of Gifted/Talented Students;(3) include data and procedures designed to ensure that students from all populations in the district have access to assessment and, if identified, services for the gifted/talented program;(4) prohibit a scoring value based on race, ethnicity, sex, socioeconomic status, or disability if the selection process utilizes a matrix or threshold system;(5) provide for final selection of students to be made by a committee composed of at least three local district educators who have received training in the nature and needs and identification of gifted students;(6) include provisions regarding furloughs, reassessment, exiting of students from program services, transfer students, and appeals of district decisions regarding program placement; and(7) not limit the number of students the district may identify as gifted/talented or served under the district's program for gifted/talented students.</content><note type="source"><p>Source Note: The provisions of this §89.1 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 2024, 49 TexReg 6454; amended to be effective January 29, 2026, 51 TexReg 407.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scA/s89.2"><num value="89.2">§89.2</num><heading>Professional Learning</heading><content>School districts shall ensure that:(1) prior to assignment in the program or within one semester of assignment, teachers who provide instruction and services that are a part of the program for gifted/talented students have a minimum of 30 hours of professional learning that includes nature and needs of gifted/talented students, assessing student needs, and curriculum and instruction for gifted/talented students;(2) teachers who provide instruction and services that are a part of the program for gifted/talented students receive a minimum of six hours annually of professional learning in gifted/talented education; and(3) administrators and counselors who have authority for program decisions have a minimum of six hours of professional learning that includes nature and needs of gifted/talented students and program options with an update after legislative sessions.</content><note type="source"><p>Source Note: The provisions of this §89.2 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective February 13, 2000, 25 TexReg 776; amended to be effective September 1, 2024, 49 TexReg 6454.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scA/s89.3"><num value="89.3">§89.3</num><heading>Student Services</heading><content>School districts shall provide an array of learning opportunities for gifted/talented students in kindergarten through Grade 12 and shall inform parents of the opportunities. Options must include:(1) instructional and organizational patterns that enable identified students to work together as a group, to work with other students, and to work independently;(2) a continuum of learning experiences that leads to the development of advanced-level products and performances;(3) in-school and, when possible, out-of-school options relevant to the student's area of strength that are available during the entire school year; and(4) opportunities to accelerate in areas of strength.</content><note type="source"><p>Source Note: The provisions of this §89.3 adopted to be effective September 1, 1996, 21 TexReg 5690.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scA/s89.4"><num value="89.4">§89.4</num><heading>Fiscal Responsibility</heading><content>School districts shall adopt a policy regarding the use of funds to support the district's program for gifted and talented students, as required by Texas Education Code, §29.022(b). The policy must:(1) ensure that 100% of state funds allocated for gifted/talented education are spent on providing gifted/talented services or enhancing the district's gifted and talented program; and(2) establish a method to account for the expenditure of the gifted and talented allotment in alignment with the Texas Education Agency's financial compliance guidance.</content><note type="source"><p>Source Note: The provisions of this §89.4 adopted to be effective September 1, 2024, 49 TexReg 6454.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scA/s89.5"><num value="89.5">§89.5</num><heading>Program Accountability</heading><content>A school district shall ensure that:(1) student assessment and services for gifted/talented students comply with accountability standards defined in the Texas State Plan for the Education of the Gifted/Talented (State Plan);(2) it annually certifies to the commissioner of education that the district's program for gifted/talented students is consistent with the State Plan and that the district's use of funds complies with §89.4 of this title (relating to Fiscal Responsibility); and(3) the board of trustees annually measures the performance of the district in providing gifted/talented services in alignment with the State Plan.</content><note type="source"><p>Source Note: The provisions of this §89.5 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 2024, 49 TexReg 6454.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1001"><num value="89.1001">§89.1001</num><heading>Scope and Applicability</heading><content>(a) Special education and related services shall be provided to eligible students in accordance with all applicable federal law and regulations, state statutes, rules of the State Board of Education, State Board for Educator Certification, and commissioner of education, and the Individuals with Disabilities Education Act (IDEA).(b) Education programs under the direction and control of the Texas Juvenile Justice Department, Texas School for the Blind and Visually Impaired, Texas School for the Deaf, and schools within the Texas Department of Criminal Justice shall comply with state and federal law and regulations concerning the delivery of special education and related services to eligible students and shall be monitored by the Texas Education Agency in accordance with the requirements identified in subsection (a) of this section.(c) Residential facility refers to a facility defined by Texas Education Code, §5.001(8), which includes any person, facility, or entity that provides 24-hour custody or care of a person residing in the facility for detention, treatment, foster care, or any noneducational purpose. A school district must initiate Child Find outreach activities to locate, evaluate, and identify eligible students in any residential facility within its boundaries. If a student is eligible, a school district must provide the required special education and related services to the student unless, after contacting the facility to offer those services to eligible students with disabilities, the facility can demonstrate that the services are provided by another educational program provider, such as a charter school, approved nonpublic school, or a facility operated private school. However, the district shall, at minimum, contact the facility at least twice per year to conduct Child Find activities and to offer services to eligible students with disabilities.</content><note type="source"><p>Source Note: The provisions of this §89.1001 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1005"><num value="89.1005">§89.1005</num><heading>Instructional Arrangements and Settings</heading><content>(a) The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Instructional arrangement/setting. Instructional arrangement/setting refers to the arrangement listed in Texas Education Code (TEC), §48.102, and the weight assigned to it that is used to generate funds from the state special education allotment.(2) Instructional day. Instructional day has the meaning assigned to it in §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook).(b) Each school district must provide special education and related services to eligible students with disabilities in order to meet the unique needs of those students in accordance with 34 Code of Federal Regulations, §§300.114-300.118, and state law.(c) Subject to §89.1075(f) of this title (relating to General Program Requirements and Local District Procedures), for the purpose of determining the student's instructional arrangement/setting, a student receiving special education and related services must have available an instructional day commensurate with that of students who are not receiving special education and related services and only modify the instructional day when determined necessary by the admission, review, and dismissal (ARD) committee. A student's ARD committee shall determine the student's instructional arrangement/setting based on the percentage of the student's instructional day that the student receives special education and related services in a setting other than general education.(d) While this section uses the names of the instructional arrangements/settings as they are described in TEC, §48.102, there may be additional instructional arrangement/setting codes that are created by the Texas Education Agency (TEA) within the student attendance accounting requirements defined in §129.1025 of this title. While the codes may be titled differently, each will align to an arrangement/setting as described in this section and in TEC, §48.102.(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.(1) Mainstream. This instructional arrangement/setting is for providing special education and related services to a student in the general education classroom in accordance with the student's IEP. Qualified special education personnel must be involved in the implementation of the student's IEP through the provision of direct, indirect, and/or support services to the student and/or the student's general education classroom teacher(s) necessary to enrich the general education classroom and enable student success. The student's IEP must specify the services that will be provided by qualified special education personnel to enable the student to appropriately progress in the general education curriculum and/or appropriately advance in achieving the goals set out in the student's IEP. Examples of services provided in this instructional arrangement include, but are not limited to, direct instruction, helping teacher, team teaching, co-teaching, interpreter, educational aides, curricular or instructional modifications/accommodations, special materials/equipment, positive classroom behavioral interventions and supports, consultation with the student and his/her general education classroom teacher(s) regarding the student's progress in general education classes, staff development, and reduction of ratio of students to instructional staff. Monitoring student progress in and of itself is not a special education service; this cannot be listed as the only specially designed instruction documented in a student's IEP.(2) Homebound. This instructional arrangement/setting, also referred to as home-based instruction, is for providing special education and related services to students who are served at their home for the following reasons.(A) Medical reasons. Homebound instruction is used for a student whose ARD committee has received medical documentation from a physician licensed to practice in the United States that the student is expected to incur full-day absences from school for a minimum of four weeks for medical reasons, which could include psychological disorders, and the ARD committee has determined that this is the most appropriate placement for the student. The weeks do not have to be consecutive. For the ARD committee to approve this placement, the committee will review documentation related to anticipated periods of student confinement to the home, as well as whether the student is determined to be chronically ill or any other unique medical circumstances that would require this placement in order to provide a free appropriate public education (FAPE) to the student. Documentation by a physician does not guarantee the placement of a student in this instructional arrangement/setting, as the student's ARD committee shall determine whether the placement is necessary for the provision of FAPE, and, if so, will determine the amount of services to be provided to the student at home in this instructional arrangement/setting in accordance with federal and state laws, rules, and regulations, including the provisions specified in subsection (c) of this section.(B) Children ages three through five years of age. Home-based instruction may be used for children ages three through five when determined appropriate by the child's ARD committee and as documented in the student's IEP. While this setting would generate the same weight as the homebound instructional arrangement/setting, the data on this setting may be collected differently than the medical homebound arrangement/setting.(C) Students confined to or educated in hospitals. This instructional arrangement/setting also applies to school districts described in TEC, §29.014.(3) Hospital class. This instructional arrangement/setting is for providing special education and related services by school district personnel:(A) at a hospital or other medical facility; or(B) at a residential care and treatment facility not operated by the school district. If a student residing in the facility is provided special education and related services at a school district campus but the student's parent is not a school district resident, the student is considered to be in the residential care and treatment facility instructional arrangement/setting. If a student residing in the facility is provided special education and related services at a school district campus and the parent, including a surrogate parent, is a school district resident, the student's instructional arrangement/setting would be assigned based on the services that are provided at the campus on the same basis as a resident student residing with his or her parents.(4) Speech therapy. This instructional arrangement/setting is for providing speech therapy services whether in a general education classroom or in a setting other than a general education classroom.(A) When the only special education service provided to a student is speech therapy, then this instructional arrangement may not be combined with any other instructional arrangement. If a student's IEP indicates that a special education teacher is involved in the implementation of the student's IEP but there is no indication of how that teacher provides a special education service, the student is in the speech therapy instructional arrangement/setting.(B) When a student receives speech therapy and a related service but no other special education service, the student is in the speech therapy instructional arrangement/setting.(5) Resource room/services. This instructional arrangement/setting is for providing special education and related services to a student in a setting other than general education for less than 50% of the regular school day. For funding purposes, this will be differentiated between the provision of special education and related services to a student in a setting other than general education for less than 21% of the instructional day and special education and related services provided to a student in a setting other than general education for at least 21% of the instructional day but less than 50% of the instructional day.(6) Self-contained (mild, moderate, or severe) regular campus. This instructional arrangement/setting is for providing special education and related services to a student who is in a setting other than general education for 50% or more of the regular school day on a regular school campus. For funding purposes, mild/moderate will be considered at least 50% but no more than 60% of the student's instructional day, and severe will be considered more than 60% of the student's instructional day.(7) Off-home campus. This instructional arrangement/setting is for providing special education and related services to the following:(A) a student at South Texas Independent School District or Windham School District;(B) a student who is one of a group of students from one or more school districts served in a single location in another school district when a FAPE is not available in the sending district;(C) a student in a community setting, facility, or environment operated by a school district that prepares the student for postsecondary education/training, competitive integrated employment, and/or independent living in coordination with the student's individual transition goals and objectives;(D) a student in a community setting or environment not operated by a school district that prepares the student for postsecondary education/training, competitive integrated employment, and/or independent living in coordination with the student's individual transition goals, with regularly scheduled instruction or direct involvement provided by school district personnel;(E) a student in a facility not operated by a school district with instruction provided by school district personnel; or(F) a student in a self-contained program at a separate campus operated by the school district that provides only special education and related services.(8) Nonpublic day school. This instructional arrangement/setting is for providing special education and related services to students through a contractual agreement with a nonpublic school when the school district is unable to provide a FAPE for the student. This instructional arrangement/setting includes the providers listed in §89.1094 of this title (relating to Contracting for Nonpublic or Non-District Operated Day Placements for the Provision of FAPE).(9) Vocational adjustment class. Although referred to as a class, this instructional arrangement/setting is a support program for providing special education and related services to a student who is placed on a job (paid or unpaid unless otherwise prohibited by law) with regularly scheduled direct involvement by special education personnel in the implementation of the student's IEP. This instructional arrangement/setting shall be used in conjunction with the student's transition plan, as documented in the student's IEP, and may include special education services received in career and technical education work-based learning programs.(10) Residential care and treatment facility (not school district resident). For purposes of this section, residential care and treatment facility refers to a facility at which a student with a disability currently resides, who was not placed at the facility by the student's ARD committee, and whose parent or guardian does not reside in the district providing educational services to the student. This instructional arrangement/setting is for providing special education and related services to a student on a school district campus who resides in a residential care and treatment facility and whose parents do not reside within the boundaries of the school district that is providing educational services to the student. If the instruction is provided at the facility, rather than on a school district campus, the instructional arrangement is considered to be the hospital class arrangement/setting rather than this instructional arrangement, or if the student resides at a state-supported living center, the instructional arrangement will be considered the state school arrangement/setting. Students with disabilities who reside in these facilities may be included in the average daily attendance of the district in the same way as all other students receiving special education.(11) State-supported living center (referred to as state school in TEC, §48.102). This instructional arrangement/setting is for providing special education and related services to a student who resides at a state-supported living center when the services are provided at the state-supported living center location. If services are provided on a local school district campus, the student is considered to be served in the residential care and treatment facility arrangement/setting.(f) Children from birth through the age of two with visual impairments (VI), who are deaf or hard of hearing (DHH), or who are deaf blind (DB) must be enrolled at the parent's request by a school district when the district becomes aware of a child needing services. The appropriate instructional arrangement for students from birth through the age of two with VI, DHH, or DB shall be determined in accordance with the individualized family services plan, current attendance guidelines, and the agreement memorandum between TEA and Texas Health and Human Services Commission Early Childhood Intervention (ECI) Services. However, the following guidelines shall apply.(1) A home-based instructional arrangement/setting is used when the child receives services at home. This arrangement/setting would generate the same weight as the homebound instructional arrangement/setting, and average daily attendance (ADA) funding will depend on the number of hours served per week.(2) A center-based instructional arrangement/setting is used when the child receives services in a day care center, rehabilitation center, or other school/facility contracted with the Health and Human Services Commission (HHSC) as an ECI provider/program. This arrangement/setting would generate the same weight as the self-contained, severe instructional arrangement/setting, and ADA funding will depend on the number of hours served per week.(3) Funding may only be claimed if the district is involved in the provision of the ECI and other support services for the child. Otherwise, the child would be enrolled and indicated as not in membership for purposes of funding. If the district is contracted with HHSC as an ECI provider, funding would be generated under that contract.(g) For nonpublic day and residential placements, the school district must comply with the requirements under §89.1092 of this title (relating to Contracting for Nonpublic Residential Placements for the Provision of a Free Appropriate Public Education (FAPE)) or §89.1094 of this title, as appropriate.(h) Other program options that may be considered for the delivery of special education and related services to a student may include the following:(1) contracts with other school districts; and(2) other program options as approved by TEA.</content><note type="source"><p>Source Note: The provisions of this §89.1005 adopted to be effective March 14, 2021, 46 TexReg 1466; amended to be effective October 5, 2021, 46 TexRg 6533; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1011"><num value="89.1011">§89.1011</num><heading>Full Individual and Initial Evaluation</heading><content>(a) Referral of students for a full individual and initial evaluation (FIIE) for possible special education and related services must be a part of the school district's multi-tiered system of academic and behavioral supports. Students not making progress in the general education classroom should be considered for all interventions and support services available to all students, such as tutorial; compensatory; response to evidence-based intervention; and other academic or behavior support services. The school district cannot require a student to participate in interventions and support services for any specific length of time prior to a referral being made or an FIIE being conducted. If the student continues to experience difficulty in the general education classroom with the provision of interventions and support services or at any time district personnel suspect a disability and a possible need for special education and related services, district personnel must refer the student for an FIIE. A referral or request for an FIIE may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student. While an FIIE is being conducted, a student must continue to receive any necessary interventions and support services to target their academic or behavioral needs.(b) If a parent submits a written request to a school district's director of special education services or to a district administrative employee, such as a campus principal, for an FIIE of a student, the school district must, not later than the 15th school day after the date the district receives the request:(1) provide the parent with prior written notice of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503; a copy of the procedural safeguards notice required by 34 CFR, §300.504; a copy of the Overview of Special Education for Parents form created by the Texas Education Agency (TEA); and an opportunity to give written consent for the evaluation; or(2) provide the parent with prior written notice of its refusal to conduct an evaluation consistent with 34 CFR, §300.503; a copy of the Overview of Special Education for Parents form created by TEA; and a copy of the procedural safeguards notice required by 34 CFR, §300.504.(c) When a school district initiates the referral for an FIIE of a student, the district must provide the parent with the information and materials described in subsection (b)(1) of this section. (d) Except as otherwise provided in this section, a written report of an FIIE of a student must be completed as follows:(1) not later than the 45th school day following the date on which the school district receives written consent for the evaluation from the student's parent, except that if a student has been absent from school during that period on three or more school days, that period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent; or(2) for students under five years of age by September 1 of the school year and not enrolled in public school and for students enrolled in a private or home school setting, not later than the 45th school day following the date on which the school district receives written consent for the evaluation from the student's parent.(e) Notwithstanding the timelines in subsections (d) and (g) of this section, if the school district received the written consent for the evaluation from the student's parent:(1) at least 35 but less than 45 school days before the last instructional day of the school year, the written report of an FIIE of a student must be provided to the student's parent not later than June 30 of that year;(2) at least 35 but less than 45 school days before the last instructional day of the school year but the student was absent three or more school days between the time that the school district received written consent and the last instructional day of the school year, the timeline in subsection (d)(1) of this section applies to the date the written report of the FIIE must be completed; or(3) less than 35 school days before the last day of the school year, the timeline in subsection (d)(1) of this section applies to the date the written report of the FIIE must be completed.(f) If a student was in the process of being evaluated for special education eligibility by a school district and enrolls in another school district before the previous school district completed the FIIE, the new school district must coordinate with the previous school district as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2) and (e) and §300.304(c)(5). The timelines in subsections (d) and (g) of this section do not apply in such a situation if:(1) the new school district is making sufficient progress to ensure a prompt completion of the evaluation; and(2) the parent and the new school district agree to a specific time when the evaluation will be completed.(g) The admission, review, and dismissal (ARD) committee must make its decisions regarding a student's initial eligibility determination and, if appropriate, individualized education program (IEP) and placement within 30 calendar days from the date of the completion of the written FIIE report. If the 30th day falls during the summer and school is not in session, the ARD committee must meet not later than the 15th school day of the following school year to finalize decisions concerning the student's initial eligibility determination, and, if appropriate, IEP and placement. If the 30th day falls during the summer and school is not in session but an FIIE report indicates that the student would need extended school year services during that summer, the ARD committee must meet as expeditiously as possible after completion of the report.(h) A copy of the written FIIE report must be provided to the parent as soon as possible after completion of the report but no later than five school days prior to the initial ARD committee meeting, which will determine a student's initial eligibility under subsection (g) of this section, or not later than June 30 if subsection (e)(1) of this section applies.(i) For purposes of subsections (b), (d), (e), and (g) of this section, school day does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall school term. In the case of a school that operates under a school year calendar without spring and fall terms, a school day does not include a day that falls after the last instructional day of one school year and before the first instructional day of the subsequent school year.(j) For purposes of subsections (d)(1) and (e) of this section, a student is considered absent for the school day if the student is not in attendance at the school's official attendance taking time or alternative attendance taking time as described in the Student Attendance Accounting Handbook, adopted by reference under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook).</content><note type="source"><p>Source Note: The provisions of this §89.1011 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 16, 2003, 28 TexReg 9830; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective July 30, 2024, 49 TexReg 5507.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1035"><num value="89.1035">§89.1035</num><heading>Age Ranges for Student Eligibility</heading><content>(a) Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation pursuant to §89.1070(b)(1) of this title (relating to Graduation Requirements) or meeting maximum age eligibility terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year will be eligible for services through the end of that school year or until graduation with a diploma pursuant to §89.1070 of this title, whichever comes first.(b) In accordance with Texas Education Code, §§29.003, 30.002(a), and 30.081, a free appropriate public education must be available from birth to students with visual impairments or who are deaf or hard of hearing.</content><note type="source"><p>Source Note: The provisions of this §89.1035 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective December 2, 2015, 40 TexReg 8642; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective October 5, 2021, 46 TexReg 6533; amended to be effective November 7, 2024, 49 TexReg 8712.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1040"><num value="89.1040">§89.1040</num><heading>Eligibility Criteria</heading><content>(a) Special education and related services. To be eligible to receive special education and related services, a student must be a "child with a disability," as defined in 34 Code of Federal Regulations (CFR), §300.8(a), subject to the provisions of 34 CFR, §300.8(c), the Texas Education Code (TEC), Subchapter A, and this section. The provisions in this section specify criteria to be used in determining whether a student's condition meets one or more of the definitions in federal regulations or in state law.(b) Eligibility determination. The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to, the following:(1) a licensed specialist in school psychology (LSSP)/school psychologist, an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability; or(2) a licensed or certified professional for a specific eligibility category defined in subsection (c) of this section.(c) Eligibility definitions.(1) Autism. A student with autism is one who has been determined to meet the criteria for autism as stated in 34 CFR, §300.8(c)(1). A determination of whether a student meets the criteria for autism as stated in 34 CFR, §300.8(c)(1), cannot require that the student meets the requirements for a medical/psychological diagnosis of autism. The absence of other characteristics often associated with autism listed in 34 CFR, 300.8(c)(1), does not exclude a student from meeting eligibility as a student with autism. The team's written report of evaluation must include specific recommendations for communication, social interaction, and positive behavioral interventions and strategies.(2) Deaf-blindness. A student with deaf-blindness is one who has been determined to meet the criteria for deaf-blindness as stated in 34 CFR, §300.8(c)(2). In meeting the criteria stated in 34 CFR, §300.8(c)(2), a student with deaf-blindness is one who, based on the evaluations specified in subsection (c)(3) and (12) of this section:(A) meets the eligibility criteria for a student who is deaf or hard of hearing specified in subsection (c)(3) of this section and visual impairment specified in subsection (c)(12) of this section;(B) meets the eligibility criteria for a student with a visual impairment and has a suspected hearing loss that cannot be demonstrated conclusively, but a speech/language therapist, a certified speech and language therapist, or a licensed speech language pathologist indicates there is no speech at an age when speech would normally be expected;(C) has documented hearing and visual losses that, if considered individually, may not meet the requirements for a student who is deaf or hard of hearing or for visual impairment, but the combination of such losses adversely affects the student's educational performance; or(D) has a documented medical diagnosis of a progressive medical condition that will result in concomitant hearing and visual losses that, without the provision of special education services, will adversely affect the student's educational performance.(3) Deaf or hard of hearing.(A) A student who is deaf or hard of hearing is one who has been determined to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3), or for students who have a hearing impairment as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on being deaf or hard of hearing must include an audiological evaluation performed by a licensed audiologist and a communication assessment completed by the multidisciplinary team. The evaluation data must include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended hearing assistive technology.(B) A child under three years of age meets the criteria for deaf or hard of hearing if the student's record indicates that the child is experiencing a developmental delay because of hearing loss or impairment, or the child has a physical or mental condition that has a high probability of resulting in a developmental delay and a sensory impairment, in accordance with 34 CFR, §303.21.(4) Emotional disability. A student with an emotional disability is one who has been determined to meet the criteria for emotional disturbance as stated in 34 CFR, §300.8(c)(4). The written report of evaluation must include specific recommendations for positive behavioral supports and interventions. The term emotional disability is synonymous with the term emotional disturbance and serious emotional disturbance, as these terms are used in federal or state law pertaining to students eligible for special education and related services.(5) Intellectual disability. A student with an intellectual disability is one who has been determined to meet the criteria for an intellectual disability as stated in 34 CFR, §300.8(c)(6). In meeting the criteria stated in 34 CFR, §300.8(c)(6), a student with an intellectual disability is one who:(A) has been determined to have significantly sub-average intellectual functioning as measured by a standardized, individually administered test of cognitive ability in which the overall test score is at least two standard deviations below the mean, when taking into consideration the standard error of measurement of the test; and(B) concurrently exhibits deficits in at least two of the following areas of adaptive behavior: communication, self-care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety.(6) Multiple disabilities.(A) A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), that a combination of impairments causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments, a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:(i) the student's disabilities are expected to continue indefinitely; and(ii) the disabilities severely impair performance in two or more of the following areas:(I) psychomotor skills;(II) self-care skills;(III) communication;(IV) social and emotional development; or(V) cognition.(B) Students who have more than one of the disabilities defined in this section but who do not meet the criteria in subparagraph (A) of this paragraph must not be classified or reported as having multiple disabilities.(C) Multiple disabilities does not include deaf-blindness.(7) Orthopedic impairment. A student with an orthopedic impairment is one who has been determined to meet the criteria for orthopedic impairment as stated in 34 CFR, §300.8(c)(8). A student's eligibility based on an orthopedic impairment must include a medical diagnosis provided by a licensed physician.(8) Other health impairment. A student with other health impairment is one who has been determined to meet the criteria for other health impairment due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette's Disorder as stated in 34 CFR, §300.8(c)(9). A student's eligibility based on other health impairment must include identification or confirmation of the student's chronic or acute health problem provided by a licensed physician, a physician assistant, or an advanced practice registered nurse with authority delegated under Texas Occupations Code, Chapter 157.(9) Specific learning disability.(A) Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; intellectual disability; emotional disability; or environmental, cultural, or economic disadvantage.(B) A student with a specific learning disability is one who:(i) has been determined through a variety of assessment tools and strategies to meet the criteria for a specific learning disability as stated in 34 CFR, §300.8(c)(10), in accordance with the provisions in 34 CFR, §§300.307-300.311;(ii) when provided with learning experiences and instruction appropriate for the student's age or state-approved grade-level standards as indicated by performance on multiple measures such as in-class tests, grade average over time (e.g. six weeks or semester), repeated performance on progress monitoring measures, norm- or criterion-referenced tests, and statewide assessments, does not achieve adequately for the student's age or to meet state-approved grade-level standards in one or more of the following areas:(I) oral expression;(II) listening comprehension;(III) written expression, which may include dysgraphia;(IV) basic reading skill, which may include dyslexia;(V) reading fluency skills, which may include dyslexia;(VI) reading comprehension;(VII) mathematics calculation; or(VIII) mathematics problem solving;(iii) meets one of the following criteria:(I) does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas identified in clause (ii)(I)-(VIII) of this subparagraph when using a process based on the student's response to scientific, research-based intervention; or(II) exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, state-approved grade-level standards, or intellectual development that is determined to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with 34 CFR, §300.304 and §300.305; and(iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:(I) a visual, hearing, or motor disability;(II) an intellectual disability;(III) emotional disability;(IV) cultural factors;(V) environmental or economic disadvantage; or(VI) being emergent bilingual.(C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.304-300.311, the presence of a significant variance among specific areas of cognitive function or between specific areas of cognitive function and academic achievement is not required when determining whether a student has a significant learning disability.(D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:(i) data that demonstrates the student was provided appropriate instruction in reading (as described in 20 United States Code (USC), §6368(3)), and/or mathematics within general education settings delivered by qualified personnel; and(ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, intervention progress monitoring results and reports, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.(E) The school district must ensure that the student is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas of difficulty. In determining whether a student has a specific learning disability, the multidisciplinary team must decide to either use information from an observation in routine classroom instruction and monitoring of the student's performance that was conducted before the student was referred for an evaluation or have at least one of the members described in subsection (b) or (c)(9)(F) of this section conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and the school district has obtained parental consent consistent with 34 CFR, §300.300(a). In the case of a student of less than school age or out of school, a member described in subsection (b) or (c)(9)(F) of this section must observe the student in an environment appropriate for a student of that age.(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:(i) the student's general education teacher;(ii) if the student does not have a general education teacher, a general education classroom teacher qualified to teach a student of his or her age; or(iii) for a student of less than school age, an individual qualified by the Texas Education Agency to teach a student of his or her age.(G) Suspicion, and the identification, of dyslexia or dysgraphia, in addition to the requirements of subparagraphs (A)-(F) of this paragraph, must include consideration of the following:(i) when the specific learning disability of dyslexia is suspected or characteristics of dyslexia have been observed from a reading instrument administered under TEC, §28.006, or a dyslexia screener under TEC, §38.003, the team established under subsections (b) and (c)(9)(F) of this section must include a professional who meets the requirements under TEC, §29.0031(b), and §74.28 of this title (relating to Students with Dyslexia and Related Disorders), including any handbook adopted in the rule;(ii) an evaluation for dyslexia or dysgraphia must include all of the domains or other requirements listed in TEC, §38.003, and §74.28 of this title, including any handbook adopted in the rule;(iii) when identifying dyslexia and determining eligibility or continued eligibility for special education and related services, the admission, review, and dismissal (ARD) committee must include a professional who meets the requirements of TEC, §29.0031(b), and §74.28 of this title, including any handbook adopted in the rule; and(iv) when a student is identified with dyslexia and/or dysgraphia, the terms dyslexia and/or dysgraphia, as appropriate, must be used in a student's evaluation report. For formal eligibility purposes under special education, the category of specific learning disability will be reported by a school district.(10) Speech impairment. A student with a speech impairment is one who has been determined to meet the criteria for speech or language impairment as stated in 34 CFR, §300.8(c)(11). The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on a speech impairment must include a certified speech and hearing therapist, a certified speech and language therapist, or a licensed speech/language pathologist.(11) Traumatic brain injury. A student with a traumatic brain injury is one who has been determined to meet the criteria for traumatic brain injury as stated in 34 CFR, §300.8(c)(12). A student's eligibility based on a traumatic brain injury must include a medical diagnosis provided by a licensed physician.(12) Visual impairment.(A) A student with a visual impairment is one who has been determined to meet the criteria for visual impairment as stated in 34 CFR, §300.8(c)(13). Information from a variety of sources must be considered by the multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on visual impairment in order to determine the need for specially designed instruction as stated in 34 CFR, §300.39(b)(3), and must include:(i) a medical report by a licensed ophthalmologist or optometrist that indicates the visual loss stated in exact measures of visual field and corrected visual acuity, at a distance and at near range, in each eye. If exact measures cannot be obtained, the eye specialist must so state and provide best estimates. The report should also include a diagnosis and prognosis whenever possible and whether the student has:(I) no vision or visual loss after correction; or(II) a progressive medical condition that will result in no vision or a visual loss after correction;(ii) a functional vision evaluation by a certified teacher of students with visual impairments or a certified orientation and mobility specialist. The evaluation must include the performance of tasks in a variety of environments requiring the use of both near and distance vision and recommendations concerning the need for a clinical low vision evaluation;(iii) a learning media assessment by a certified teacher of students with visual impairments. The learning media assessment must include recommendations concerning which specific visual, tactual, and/or auditory learning media are appropriate for the student and whether or not there is a need for ongoing evaluation in this area; and(iv) as part of the full individual and initial evaluation, an orientation and mobility evaluation conducted by a person who is appropriately certified as an orientation and mobility specialist. The orientation and mobility evaluation must be conducted in a variety of lighting conditions and in a variety of settings, including in the student's home, school, and community, and in settings unfamiliar to the student.(B) A person who is appropriately certified as an orientation and mobility specialist must participate in an initial eligibility determination and any reevaluation as part of the multidisciplinary team, in accordance with 34 CFR, §§300.122 and 300.303-300.311, in evaluating data used to make the determination of the student's need for specially designed instruction.(C) A child under three years of age meets the criteria for visual impairment if the child's record indicates that the child is experiencing a developmental delay because of vision loss or impairment, or the child has a physical or mental condition that has a high probability of resulting in a developmental delay and a sensory impairment, in accordance with 34 CFR, §303.21.(13) Developmental delay. A student with developmental delay is one who is between the ages of 3-9 who is evaluated by a multidisciplinary team for at least one disability category listed in paragraphs (1)-(12) of this subsection and whose evaluation data indicates a need for special education and related services and shows evidence of, but does not clearly confirm, the presence of the suspected disability or disabilities due to the child's young age. In these cases, an ARD committee may determine that data supports identification of developmental delay in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development. To use this eligibility category, multiple sources of data must converge to indicate the student has a developmental delay as described by one of the following:(A) performance on appropriate norm-referenced measures, including developmental measures, indicate that the student is at least 2 standard deviations below the mean or at the 2nd percentile of performance, when taking into account the standard error of measurement (SEM), in one area of development as listed in this paragraph, along with additional convergent evidence such as interviews and observation data that supports the delay in that area;(B) performance on appropriate norm-referenced measures, including developmental measures, indicate that the student is at least 1.5 standard deviations below the mean or at the 7th percentile of performance, when taking into account the SEM, in at least two areas of development as listed in this paragraph, along with additional convergent evidence such as interviews and observation data that supports the delays in those areas; or(C) a body of evidence from multiple direct and indirect sources, such as play-based assessments, information from the student's parent, interviews, observations, work samples, checklists, and other informal and formal measures of development, that clearly document a history and pattern of atypical development that is significantly impeding the student's performance and progress across settings when compared to age-appropriate expectations and developmental milestones in one or more areas of development as listed in this paragraph.(14) Noncategorical. A student between the ages of 3-5 who is evaluated as having an intellectual disability, an emotional disability, a specific learning disability, or autism may be described as noncategorical early childhood.(d) Developmental delay eligibility guidelines. Developmental delay, as described in subsection (c)(13) of this section, and noncategorical, as described in subsection (c)(14) of this section, may be used within the following guidelines.(1) No school district will be required to use the eligibility category of developmental delay; however, if a district chooses to use this eligibility category, it must use the definition and criteria described in subsection (c)(13) of this section.(2) If a school district chooses to use the eligibility category described in subsection (c)(13) of this section, it may do so beginning with the 2024-2025 school year.(3) The eligibility category of noncategorical, as described in subsection (c)(14) of this section, must no longer be used by any school district beginning with the 2025-2026 school year. Any eligible student who begins the 2025-2026 school year already identified under subsection (c)(14) of this section may maintain this eligibility category, if determined appropriate by the student's ARD committee, until the required re-evaluation before the age of six.</content><note type="source"><p>Source Note: The provisions of this §89.1040 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective December 2, 2015, 40 TexReg 8642; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective October 5, 2021, 46 TexReg 6533; amended to be effective June 7, 2022, 47 TexReg 3248; amended to be effective July 30, 2024, 49 TexReg 5507.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1047"><num value="89.1047">§89.1047</num><heading>Procedures for Special Education Decision-Making for Students in Foster Care</heading><content>(a) A foster parent may act as a parent of a child with a disability, in accordance with 34 Code of Federal Regulations (CFR), §300.30, relating to the definition of parent, if requirements of Texas Education Code (TEC), §29.015(a), are met, including the completion of the training program described in subsection (c)(1) of this section.(1) For a foster parent to serve as a student's parent, a school district must ensure that the foster parent has received training described in subsection (c)(1) of this section. The foster parent must complete the training program before the student's next scheduled admission, review, and dismissal (ARD) committee meeting, but not later than the 90th day after the foster parent begins acting as the parent for the purpose of making special education decisions.(2) The training program can be conducted or provided by the Texas Department of Family and Protective Services (TDFPS), a school district, an education service center, or any entity that receives federal funds to provide Individuals with Disabilities Education Act (IDEA) training to parents. Once an individual has completed the training, the individual may not be required by any school district to complete additional training in order to serve as the parent or the surrogate parent for the student or other students with disabilities who are in foster care. School districts may provide optional ongoing or supplemental training.(b) If a school district denies a foster parent the right to serve as a parent, the school district must provide the foster parent with written notice of such denial within seven calendar days after the date on which the decision is made. The written notice must:(1) specifically explain why the foster parent is being denied the right to serve as the student's parent; and(2) inform the foster parent of his or her right to file a complaint with the Texas Education Agency in accordance with 34 CFR, §§300.151-300.153, relating to special education complaint procedures.(c) Except as provided by Texas Family Code, §263.0025, which authorizes a court to appoint a surrogate parent, if a district cannot locate or identify a parent, if the foster parent is unwilling or unable to serve as a parent, or if the student does not reside in a foster home setting, the school district must assign a surrogate parent to make special education decisions on behalf of the student. An individual assigned by a school district to act as a surrogate parent for a student with a disability, in accordance with 34 CFR, §300.519, and TEC, §29.0151, relating to surrogate parents, must comply with the requirements specified in TEC, §29.001(10).(1) Pursuant to TEC, §29.001(10)(A), a foster parent serving as a parent or an individual assigned by a school district to act as a surrogate parent must complete a training program in which the individual is provided with an explanation of the provisions of federal and state laws, rules, and regulations relating to:(A) the identification of a student with a disability;(B) the collection of evaluation and re-evaluation data relating to a student with a disability;(C) the ARD committee process;(D) the development of an individualized education program (IEP), including the consideration of transition services for a student who is at least 14 years of age;(E) the determination of least restrictive environment;(F) the implementation of an IEP;(G) the procedural rights and safeguards available under 34 CFR, §§300.148, 300.151-300.153, 300.229, 300.300, 300.500-300.520, 300.530-300.537, and 300.610-300.627, relating to the issues described in 34 CFR, §300.504(c);(H) where to obtain assistance in understanding the provisions of federal and state laws, rules, and regulations relating to students with disabilities; and(I) the duties and responsibilities of surrogate parents as required under TEC, §29.0151(d).(2) The training program described in subsection (c)(1) of this section must be provided in the native language or other mode of communication used by the individual being trained.(3) To serve as a student's surrogate parent, a school district must ensure that the surrogate parent has received training described in subsection (c)(1) of this section. The individual assigned by a school district to act as a surrogate parent must complete the training program before the student's next scheduled ARD committee meeting but not later than the 90th day after the date of initial assignment as a surrogate parent.(4) The training program can be conducted or provided by the TDFPS, a school district, an education service center, or any entity that receives federal funds to provide IDEA training to parents. Once an individual has completed the training, the individual may not be required by any school district to complete additional training in order to serve as the surrogate parent or the parent for the student or other students with disabilities who are in foster care. School districts may provide optional ongoing or supplemental training.(d) A surrogate parent appointed by a school district may not be an employee of the Texas Education Agency, the school district, or any other agency involved in the education or care of the child and may not have any interest that conflicts with the interests of the child. Each school district or shared services arrangement must develop and implement procedures for conducting an analysis of whether a potential surrogate parent has an interest that conflicts with the interests of his or her child. Issues concerning quality of care of the child do not constitute a conflict of interest. Concerns regarding quality of care of the child should be communicated, and may be statutorily required to be reported, to TDFPS.(e) If a court appoints a surrogate parent for a child with a disability under Texas Family Code, §263.0025, and the school district determines that the surrogate parent is failing to perform or is not properly performing the duties listed under TEC, §29.0151(d), the district must consult with TDFPS and appoint another person to serve as the surrogate parent for the child.</content><note type="source"><p>Source Note: The provisions of this §89.1047 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1049"><num value="89.1049">§89.1049</num><heading>Parental Rights Regarding Adult Students</heading><content>(a) In accordance with 34 Code of Federal Regulations (CFR), §300.320(c) and §300.520, and Texas Education Code (TEC), §29.017, beginning at least one year before a student reaches 18 years of age, the student's individualized education program (IEP) must include a statement that the student has been informed that, unless the student's parent or other individual has been granted guardianship of the student under the Probate Code, Chapter XIII, Guardianship, all rights granted to the parent under the Individuals with Disabilities Education Act (IDEA), Part B, other than the right to receive any notice required under IDEA, Part B, will transfer to the student upon reaching age 18. The IEP must also state that the student has been provided information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Texas Estates Code, Chapter 1357, and other supports and services that may enable the student to live independently. After the student reaches the age of 18, except as provided by subsection (b) of this section, the school district shall provide any notice required under IDEA, Part B, to both the adult student and the parent.(b) In accordance with 34 CFR, §300.520(a)(2), and TEC, §29.017(a), all rights accorded to a parent under IDEA, Part B, including the right to receive any notice required by IDEA, Part B, will transfer to an 18-year-old student who is incarcerated in an adult or juvenile state or local correctional institution, unless the student's parent or other individual has been granted guardianship of the student under Texas Estates Code, Title 3.(c) In accordance with 34 CFR, §300.520(a)(3), a school district must notify in writing the adult student and parent of the transfer of parental rights, as described in subsections (a) and (b) of this section, at the time the student reaches the age of 18. This notification is separate and distinct from the requirement that the student's IEP include a statement relating to the transfer of parental rights beginning at least one year before the student reaches the age of 18. This notification is not required to contain the elements of notice referenced in 34 CFR, §300.503, but must include a statement that parental rights have transferred to the adult student. The notice must also include information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Texas Estates Code, Chapter 1357, and other supports and services that may enable the student to live independently, and must provide contact information for the parties to use in obtaining additional information.(d) A notice under IDEA, Part B, which is required to be given to an adult student and parent does not create a right for the parent to consent to or participate in the proposal or refusal to which the notice relates. For example, a notice of an admission, review, and dismissal committee meeting does not constitute invitation to, or create a right for, the parent to attend the meeting. However, in accordance with 34 CFR, §300.321(a)(6), the adult student or the school district may invite individuals who have knowledge or special expertise regarding the student, including the parent.(e) Nothing in this section prohibits a supported decision-making agreement or a valid power of attorney from being executed by an individual who holds rights under IDEA, Part B.</content><note type="source"><p>Source Note: The provisions of this §89.1049 adopted to be effective April 18, 2002, 27 TexReg 3061; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective July 23, 2024, 49 TexReg 5347.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1050"><num value="89.1050">§89.1050</num><heading>The Admission, Review, and Dismissal Committee</heading><content>(a) Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following:(1) 34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs);(2) 34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district);(3) 34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services);(4) 34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities);(5) 34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility);(6) 34 CFR, §§300.114-300.117 (relating to least restrictive environment);(7) TEC, §28.006 (Reading Diagnosis);(8) TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction);(9) TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan);(10) TEC, §28.0213 (Intensive Program of Instruction);(11) TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing);(12) TEC, §30.002 (Education for Children with Visual Impairments);(13) TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf);(14) TEC, §33.081 (Extracurricular Activities);(15) TEC, §37.004 (Placement of Students with Disabilities);(16) TEC, §37.307 (Placement and Review of Student with Disability);(17) TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and(18) TEC, §48.102 (Special Education).(b) For a student from birth through two years of age with a visual impairment or who is deaf or hard of hearing, an individualized family services plan meeting must be held in place of an ARD committee meeting in accordance with 34 CFR, §§300.320-300.324, and the memorandum of understanding between the Texas Education Agency and the Texas Health and Human Services Commission. For students three years of age and older, school districts must develop an IEP.(c) ARD committee membership.(1) ARD committees must include the following:(A) the parents, as defined by 34 CFR, §300.30, of the student;(B) not less than one general education teacher of the student (if the student is, or may be, participating in the general education environment) who must, to the extent practicable, be a teacher who is responsible for implementing a portion of the student's IEP;(C) not less than one special education teacher of the student, or where appropriate, not less than one special education provider of the student;(D) a representative of the school district who:(i) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities;(ii) is knowledgeable about the general education curriculum; and(iii) is knowledgeable about the availability of resources of the school district;(E) an individual who can interpret the instructional implications of evaluation results, who may be a member of the committee described in subparagraphs (B)-(D) and (F) of this paragraph;(F) at the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate;(G) whenever appropriate, the student with a disability;(H) to the extent appropriate, with the consent of the parents or a student who has reached the age of majority, a representative of any participating agency that is likely to be responsible for providing or paying for transition services;(I) a representative from career and technical education (CTE), preferably the teacher, when considering initial or continued placement of a student in CTE; and(J) a professional staff member who is on the language proficiency assessment committee who may be a member of the committee described in subparagraphs (B) and (C) of this paragraph, if the student is identified as emergent bilingual.(2) The special education teacher or special education provider that participates in the ARD committee meeting must be appropriately certified or licensed as required by 34 CFR, §300.156.(3) If the student is:(A) a student with a suspected or documented visual impairment, the ARD committee must include a teacher who is certified in the education of students with visual impairments;(B) a student who is suspected or documented to be deaf or hard of hearing, the ARD committee must include a teacher who is certified in the education of students who are deaf or hard of hearing;(C) a student with suspected or documented deaf-blindness, the ARD committee must include a teacher who is certified in the education of students with visual impairments and a teacher who is certified in the education of students who are deaf or hard of hearing; or(D) a student who is suspected or identified with dyslexia, when determining initial or continued eligibility, the ARD committee must include a professional who meets the requirements of TEC, §29.0031(b), and §74.28 of this title (relating to Students with Dyslexia and Related Disorders), including any handbook adopted in the rule.(4) An ARD committee member is not required to attend an ARD committee meeting if the conditions of either 34 CFR, §300.321(e)(1), regarding attendance, or 34 CFR, §300.321(e)(2), regarding excusal, have been met.(d) The school district must take steps to ensure that one or both parents are present at each ARD committee meeting or are afforded the opportunity to participate, including notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend and scheduling the meeting at a mutually agreed upon time and place. Additionally, a school district must allow parents who cannot attend an ARD committee meeting to participate in the meeting through other methods such as through telephone calls or video conferencing. The school district must provide the parents with written notice of the ARD committee meeting that meets the requirements in 34 CFR, §300.322, at least five school days before the meeting unless the parents agree to a shorter timeframe.(e) Upon receipt of a written request for an ARD committee meeting from a parent, the school district must:(1) schedule and convene a meeting in accordance with the procedures in subsection (d) of this section; or(2) within five school days, provide the parent with written notice explaining why the district refuses to convene a meeting.(f) The school district must provide the parent with a written notice required under subsection (d) or (e)(2) of this section in the parent's native language, unless it is clearly not feasible to do so. If the parent's native language is not a written language, the school district must take steps to ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication so that the parent understands the content of the notice.(g) Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe.</content><note type="source"><p>Source Note: The provisions of this §89.1050 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective August 1, 2002, 27 TexReg 3061; amended to be effective November 16, 2003, 28 TexReg 9830; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective December 2, 2015, 40 TexReg 8642; amended to be effective March 22, 2017, 42 TexReg 1247; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective October 5, 2021, 46 TexReg6533;amendedto be effective June 7, 2022, 47 TexReg 3248; amended to be effective July 18, 2023, 48 TexReg 3906; amended to be effective July 30, 2024, 49 TexReg 5507.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1052"><num value="89.1052">§89.1052</num><heading>Discretionary Placements in Juvenile Justice Alternative Education Programs</heading><content>(a) This section applies only to the expulsion of a student with a disability under:(1) Texas Education Code (TEC), §37.007(b), (c), or (f); or(2) TEC, §37.007(d), as a result of conduct that contains the elements of any offense listed in TEC, §37.007(b)(2)(C), against any employee or volunteer in retaliation for or as a result of the person's employment or association with a school district.(b) In a county with a Juvenile Justice Alternative Education Program (JJAEP), a local school district must invite the administrator of the JJAEP or the administrator's designee to an admission, review, and dismissal (ARD) committee meeting convened to discuss the expulsion of a student with a disability under one of the provisions listed in subsection (a) of this section, relating to offenses for which a school district may expel a student. The school district must provide written notice of the meeting at least five school days before the meeting or a shorter timeframe agreed to by the student's parents. A copy of the student's current individualized education program (IEP) must be provided to the JJAEP representative with the notice. If the JJAEP representative is unable to attend the ARD committee meeting, the representative must be given the opportunity to participate in the meeting through alternative means, including conference telephone calls. The JJAEP representative may participate in the meeting to the extent that the meeting relates to the student's placement in the JJAEP and implementation of the student's current IEP in the JJAEP.(c) For a student with a disability who was expelled under one of the provisions listed in subsection (a) of this section and placed in the JJAEP, an ARD committee meeting must be convened to reconsider placement of the student in the JJAEP if the JJAEP provides written notice to the school district of specific concerns that the student's educational or behavioral needs cannot be met in the JJAEP. The school district must invite the JJAEP administrator or the administrator's designee to the meeting and must provide written notice of the meeting at least five school days before the meeting or a shorter timeframe agreed to by the student's parents. If the JJAEP representative is unable to attend the ARD committee meeting, the representative must be given the opportunity to participate in the meeting through alternative means, including conference telephone calls. The JJAEP representative may participate in the meeting to the extent that the meeting relates to the student's continued placement in the JJAEP.</content><note type="source"><p>Source Note: The provisions of this §89.1052 adopted to be effective August 1, 2002, 27 TexReg 3061; amended to be effective November 16, 2003, 28 TexReg 9830; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective December 2, 2015, 40 TexReg 8642.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1053"><num value="89.1053">§89.1053</num><heading>Procedures for Use of Restraint and Time-Out</heading><content>(a) Requirement to implement. In addition to the requirements of 34 Code of Federal Regulations (CFR), §300.324(a)(2)(i), school districts and charter schools must implement the provisions of this section regarding the use of restraint and time-out. In accordance with the provisions of Texas Education Code (TEC), §37.0021 (Use of Confinement, Restraint, Seclusion, and Time-Out), it is the policy of the state to treat with dignity and respect all students, including students with disabilities who receive special education services under TEC, Chapter 29, Subchapter A.(b) Definitions.(1) Emergency means a situation in which a student's behavior poses a threat of:(A) imminent, serious physical harm to the student or others; or(B) imminent, serious property destruction.(2) Restraint means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of the student's body.(3) Time-out means a behavior management technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting:(A) that is not locked; and(B) from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.(c) Use of restraint. A school employee, volunteer, or independent contractor may use restraint only in an emergency as defined in subsection (b) of this section and with the following limitations.(1) Restraint must be limited to the use of such reasonable force as is necessary to address the emergency.(2) Restraint must be discontinued at the point at which the emergency no longer exists.(3) Restraint must be implemented in such a way as to protect the health and safety of the student and others.(4) Restraint must not deprive the student of basic human necessities.(d) Training on use of restraint. Training for school employees, volunteers, or independent contractors must be provided according to the following requirements.(1) A core team of personnel on each campus must be trained in the use of restraint, and the team must include a campus administrator or designee and any general or special education personnel likely to use restraint.(2) Personnel called upon to use restraint in an emergency and who have not received prior training must receive training within 30 school days following the use of restraint.(3) Training on use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint.(4) All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint.(e) Documentation and notification on use of restraint. In a case in which restraint is used, school employees, volunteers, or independent contractors must implement the following documentation requirements.(1) On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint.(2) On the day restraint is utilized, a good faith effort must be made to verbally notify the parent(s) regarding the use of restraint.(3) Written notification of the use of restraint must be placed in the mail or otherwise provided to the parent within one school day of the use of restraint.(4) Written documentation regarding the use of restraint must be placed in the student's special education eligibility folder in a timely manner so the information is available to the admission, review, and dismissal (ARD) committee when it considers the impact of the student's behavior on the student's learning and/or the creation or revision of a behavior improvement plan or a behavioral intervention plan.(5) Written notification must be provided to the student's parent(s) or person standing in parental relation to the student for each use of restraint, and documentation of each restraint must be placed in the student's special education eligibility folder. The written notification of each restraint must include the following:(A) name of the student;(B) name of the individual administering the restraint;(C) date of the restraint and the time the restraint began and ended;(D) location of the restraint;(E) nature of the restraint;(F) a description of the activity in which the student was engaged immediately preceding the use of restraint;(G) the behavior of the student that prompted the restraint;(H) the efforts made to de-escalate the situation and any alternatives to restraint that were attempted;(I) observation of the student at the end of the restraint;(J) information documenting parent contact and notification; and(K) one of the following:(i) if the student has a behavior improvement plan or behavioral intervention plan, whether the behavior improvement plan or behavioral intervention plan may need to be revised as a result of the behavior that led to the restraint and, if so, identification of the staff member responsible for scheduling an ARD committee meeting to discuss any potential revisions; or(ii) if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student's parent or person standing in parental relation to the student to request an ARD committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student.(f) Clarification regarding restraint. The provisions adopted under this section do not apply to the use of physical force or a mechanical device that does not significantly restrict the free movement of all or a portion of the student's body. Restraint that involves significant restriction as referenced in subsection (b)(2) of this section does not include:(1) physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning;(2) limited physical contact with a student to promote safety (e.g., holding a student's hand), prevent a potentially harmful action (e.g., running into the street), teach a skill, redirect attention, provide guidance to a location, or provide comfort;(3) limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors, with the expectation that instruction will be reflected in the individualized education program (IEP) as required by 34 CFR, §300.324(a)(2)(i), to promote student learning and reduce and/or prevent the need for ongoing intervention; or(4) seat belts and other safety equipment used to secure students during transportation.(g) Use of time-out. A school employee, volunteer, or independent contractor may use time-out in accordance with subsection (b)(3) of this section with the following limitations.(1) Physical force or threat of physical force must not be used to place a student in time-out.(2) Time-out may only be used in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the student's IEP and/or behavior improvement plan or behavioral intervention plan if it is utilized on a recurrent basis to increase or decrease a targeted behavior.(3) Use of time-out must not be implemented in a fashion that precludes the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student's IEP.(h) Training on use of time-out. Training for school employees, volunteers, or independent contractors must be provided according to the following requirements.(1) General or special education personnel who implement time-out based on requirements established in a student's IEP and/or behavior improvement plan or behavioral intervention plan must be trained in the use of time-out.(2) Newly-identified personnel called upon to implement time-out based on requirements established in a student's IEP and/or behavior improvement plan or behavioral intervention plan must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out.(3) Training on the use of time-out must be provided as part of a program which addresses a full continuum of positive behavioral intervention strategies and must address the impact of time-out on the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student's IEP.(4) All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out.(i) Documentation on use of time-out. Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP and/or behavior improvement plan or behavioral intervention plan. If a student has a behavior improvement plan or behavioral intervention plan, the school district must document each use of time-out prompted by a behavior of the student specified in the student's behavior improvement plan or behavioral intervention plan, including a description of the behavior that prompted the time-out. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use.(j) Student safety. Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of the student and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the student of basic human necessities.(k) Data reporting. With the exception of actions covered by subsection (f) of this section, data regarding the use of restraint must be electronically reported to the Texas Education Agency (TEA) in accordance with reporting standards specified by TEA.(l) Restrictions on peace officers and security personnel. In accordance with TEC, §37.0021(j), a peace officer performing law enforcement duties or school security personnel performing security-related duties on school property or at a school-sponsored or school-related activity must not restrain or use a chemical irritant spray or Taser on a student enrolled in Grade 5 or below, unless the student poses a serious risk of harm to the student or another person.(m) Provisions applicable to peace officers. The provisions adopted under this section apply to a peace officer only if the peace officer is employed or commissioned by the school district or provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the school district and a local law enforcement agency, except that the data reporting requirements in subsection (k) of this section apply to the use of restraint by any peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity.(n) The provisions adopted under this section do not apply to:(1) juvenile probation, detention, or corrections personnel; or(2) an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.</content><note type="source"><p>Source Note: The provisions of this §89.1053 adopted to be effective August 1, 2002, 27 TexReg 3061; amended to be effective June 7, 2004, 29 TexReg 5608; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective June 7, 2022, 47 TexReg 3248; amended to be effective November 7, 2024, 49 TexReg 8712.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1055"><num value="89.1055">§89.1055</num><heading>Individualized Education Program</heading><content>(a) The individualized education program (IEP) developed by the admission, review, and dismissal (ARD) committee for each student with a disability must comply with the requirements of 34 Code of Federal Regulations (CFR), §300.320 and §300.324, and include all applicable information under Texas Education Code (TEC), §29.0051.(b) To be considered a measurable annual goal under 34 CFR, §300.320(a)(2), a goal must include the components of a timeframe, condition, behavior, and criterion. While at least one measurable annual goal is required, the number of annual goals will be determined by the ARD committee after examination of the student's present levels of academic achievement and functional performance and areas of need.(1) Annual goals are also required in the following circumstances:(A) when the content of a subject/course is modified, whether the content is taught in a general or special education setting, in order to address how the content is modified; and(B) when a student is removed from the general education setting for a scheduled period of time but the content of the subject/course is not modified (e.g., a student who is progressing on enrolled grade level curriculum but requires a more restrictive environment for a period of time due to behavioral concerns).(2) Short-term objectives/benchmarks, used as intermediary steps or milestones toward accomplishing an annual goal, may be included in a measurable annual goal. Short-term objectives/benchmarks:(A) must be included in an annual goal if the ARD committee has determined that a student will not participate in the general state assessment; and(B) regardless of whether the objectives/benchmarks are related to a student not participating the general state assessment, cannot be used as the criterion to indicate mastery of the annual goal.(c) The IEP must include a statement of any individual appropriate and allowable accommodations in the administration of assessment instruments developed in accordance with TEC, §39.023(a)-(c), or districtwide assessments of student achievement (if the district administers such optional assessments) that are necessary to measure the academic achievement and functional performance of the student on the assessments.(d) If the ARD committee determines that the student will not participate in a general statewide or districtwide assessment of student achievement (or part of an assessment), the following requirements must be met.(1) The IEP must include a statement explaining:(A) why the student cannot participate in the general assessment; and(B) why the particular alternate assessment selected is appropriate for the student, and(2) The Texas Education Agency's alternate assessment participation requirements form, if one is made available to school districts, must be included in the student's IEP to document the statement required under this subsection.(e) If the ARD committee determines that the student is in need of extended school year (ESY) services, as described in §89.1065 of this title (relating to Extended School Year Services), then the IEP must identify which of the goals and objectives in the IEP will be addressed during ESY services.(f) For students with visual impairments, from birth through 21 years of age, the IEP or individualized family services plan must also meet the requirements of TEC, §30.002(e).(g) For students with autism eligible under §89.1040(c)(1) of this title (relating to Eligibility Criteria), the strategies described in this subsection must be considered, at least annually based on peer-reviewed, research-based educational programming practices to the extent practicable, and, when needed, addressed in the IEP:(1) extended educational programming (for example: extended day and/or extended school year services that consider the duration of programs/settings based on data collected related to behavior, social skills, communication, academics, and self-help skills);(2) daily schedules reflecting minimal unstructured time and active engagement in learning activities (for example: lunch, snack, and recess periods that provide flexibility within routines; adapt to individual skill levels; and assist with schedule changes, such as changes involving substitute teachers and pep rallies);(3) in-home and community-based training or viable alternatives that assist the student with acquisition of social, behavioral, communication, and self-help skills (for example: strategies that facilitate maintenance and generalization of such skills from home to school, school to home, home to community, and school to community);(4) positive behavior support strategies based on relevant information, for example:(A) antecedent manipulation, replacement behaviors, reinforcement strategies, and data-based decisions; and(B) a behavioral intervention plan developed from a functional behavioral assessment that uses current data related to target behaviors and addresses behavioral programming across home, school, and community-based settings and is implemented and reviewed in accordance with subsection (j) of this section;(5) beginning at any age, consistent with subsection (l) of this section, futures planning for integrated learning and training, living, work, community, and educational environments that considers skills necessary to function in current and post-secondary environments, including self-determination and self-advocacy skills;(6) parent/family training and support, provided by qualified personnel with experience in autism, that, for example:(A) provides a family with skills necessary for a student to succeed in the home/community setting;(B) includes information regarding resources (for example: parent support groups, workshops, videos, conferences, and materials designed to increase parent knowledge of specific teaching/management techniques related to the student's curriculum); and(C) facilitates parental carryover of in-home training (for example: strategies for behavior management and developing structured home environments and/or communication training so that parents are active participants in promoting the continuity of interventions across all settings);(7) suitable staff-to-student ratio appropriate to identified activities and as needed to achieve social/behavioral progress based on the student's developmental and learning level (acquisition, fluency, maintenance, generalization) that encourages work towards individual independence as determined by, for example:(A) adaptive behavior evaluation results;(B) behavioral accommodation needs across settings; and(C) transitions within the school day;(8) communication interventions, including language forms and functions that enhance effective communication across settings (for example: augmentative, incidental, and naturalistic teaching);(9) social skills supports and strategies based on social skills assessment/curriculum and provided across settings (e.g., peer-based instruction and intervention, video modeling, social narratives, and role playing);(10) professional educator/staff support (for example: training provided to personnel who work with the student to assure the correct implementation of techniques and strategies described in the IEP); and(11) teaching strategies based on peer reviewed, research-based practices for students with autism (for example: those associated with discrete-trial training, visual supports, applied behavior analysis, structured learning, augmentative communication, or social skills training).(h) If the ARD committee determines that services are not needed in one or more of the areas specified in subsection (g) of this section, the IEP must include a statement to that effect and the basis upon which the determination was made.(i) For students identified with the specific learning disability of dyslexia or a related disorder eligible under §89.1040(c)(9) of this title, the IEP must also be developed and implemented in accordance with the requirements under §74.28 of this title (relating to Students with Dyslexia and Related Disorders), including any handbook adopted in the rule.(j) If the ARD committee determines that a behavior improvement plan or a behavioral intervention plan is appropriate for a student, that plan must be included as part of the student's IEP and provided to each teacher with responsibility for educating the student. If a behavior improvement plan or a behavioral intervention plan is included as part of a student's IEP, the ARD committee shall review the plan at least annually, and more frequently if appropriate, to address:(1) changes in a student's circumstances that may impact the student's behavior, such as:(A) the placement of the student in a different educational setting;(B) an increase or persistence in disciplinary actions taken regarding the student for similar types of behavioral incidents;(C) a pattern of unexcused absences; or(D) an unauthorized, unsupervised departure from an educational setting; or(2) the safety of the student or others.(k) Not later than the first IEP to be in effect when the student turns 14 years of age, the ARD committee must consider and, if appropriate, address the following issues in the IEP:(1) appropriate student involvement in the student's transition to life outside the public school system;(2) appropriate involvement in the student's transition by the student's parents and other persons invited to participate by:(A) the student's parents; or(B) the school district in which the student is enrolled;(3) appropriate postsecondary education options, including preparation for postsecondary-level coursework;(4) an appropriate functional vocational evaluation;(5) appropriate circumstances for facilitating a referral of a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student such as a waiver program established under the Social Security Act (42 U.S.C. Section 1396n(c)), §1915(c); and(6) the use and availability of appropriate:(A) supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and(B) supports and services to foster the student's independence and self-determination, including a supported decision-making agreement under Texas Estates Code, Chapter 1357.(l) Beginning not later than the first IEP to be in effect when the student turns 14 years of age, or younger if determined appropriate by the ARD committee, the IEP must include:(1) appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and(2) the transition services, including courses of study, needed to assist the student in reaching the postsecondary goals.(m) The goals included in a student's IEP to comply with subsection (l) of this section are intended to comply with the requirements in TEC, §29.011(a)(6) and (8).(n) Beginning not later than the first IEP to be in effect when the student turns 18 years of age (see §89.1049 of this title (relating to Parental Rights Regarding Adult Students) for notice requirement of transfer of rights), the ARD committee must consider and, if appropriate, address the following issues in the student's IEP:(1) involvement in the student's transition and future by the student's parents and other persons, if the parent or other person:(A) is invited to participate by the student or the school district in which the student is enrolled; or(B) has the student's consent to participate pursuant to a supported decision-making agreement under Texas Estates Code, Chapter 1357; and(2) the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives.(o) A student's ARD committee shall review at least annually the issues described in subsections (k), (l), and (n) of this section and, if necessary, update the portions of the student's IEP that address those issues.(p) All members of the ARD committee must have the opportunity to participate in a collaborative manner in developing the IEP. The school district must take all reasonable actions necessary to ensure that the parent understands the proceedings of the ARD committee meeting, including arranging for an interpreter for parents who are deaf or hard of hearing or whose native language is a language other than English. A decision of the ARD committee concerning required elements of the IEP must be made by mutual agreement if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration.(1) When mutual agreement about all required elements of the IEP is not achieved, the parent who disagrees must be offered a single opportunity to recess and reconvene the ARD committee meeting. The period of time for reconvening the ARD committee meeting must not exceed ten school days, unless the parties mutually agree otherwise. The ARD committee must schedule the reconvened meeting at a mutually agreed upon time and place. The opportunity to recess and reconvene is not required when the student's presence on the campus presents a danger of physical harm to the student or others or when the student has committed an expellable offense or an offense that may lead to a placement in a disciplinary alternative education program. The requirements of this subsection do not prohibit the ARD committee from recessing an ARD committee meeting for reasons other than the failure to reach mutual agreement about all required elements of an IEP.(2) During the recess, the ARD committee members must consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons who may assist in enabling the ARD committee to reach mutual agreement.(3) If a recess is implemented as provided in paragraph (1) of this subsection and the ARD committee still cannot reach mutual agreement, the school district must implement the IEP that it has determined to be appropriate for the student.(4) Each member of the ARD committee who disagrees with the IEP developed by the ARD committee is entitled to include a statement of disagreement in the IEP.(q) The written statement of the IEP must document the decisions of the ARD committee with respect to issues discussed at each ARD committee meeting. The written statement must also include:(1) the date of the meeting;(2) the name, position, and signature of each member participating in the meeting; and(3) an indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the ARD committee.(r) If the student's parent is unable to speak English and the parent's native language is Spanish, the school district must provide a written copy or audio recording of the student's IEP translated into Spanish. If the student's parent is unable to speak English and the parent's native language is a language other than Spanish, the school district must make a good faith effort to provide a written copy or audio recording of the student's IEP translated into the parent's native language.(1) For purposes of this subsection, a written copy of the student's IEP translated into Spanish or the parent's native language means that all of the text in the student's IEP in English is accurately translated into the target language in written form. The IEP translated into the target language must be a comparable rendition of the IEP in English and not a partial translation or summary of the IEP in English.(2) For purposes of this subsection, an audio recording of the student's IEP translated into Spanish or the parent's native language means that all of the content in the student's IEP in English is orally translated into the target language and recorded with an audio device. A school district is not prohibited from providing the parent with an audio recording of an ARD committee meeting at which the parent was assisted by an interpreter as long as the audio recording provided to the parent contains an oral translation into the target language of all of the content in the student's IEP in English.(3) If a parent's native language is not a written language, the school district must take steps to ensure that the student's IEP is translated orally or by other means to the parent in his or her native language or other mode of communication.(4) Under 34 CFR, §300.322(f), a school district must give a parent a written copy of the student's IEP at no cost to the parent. A school district meets this requirement by providing a parent with a written copy of the student's IEP in English or by providing a parent with a written translation of the student's IEP in the parent's native language in accordance with paragraph (1) of this subsection.(s) A school district must comply with the following for a student who is new to the school district.(1) When a student transfers to a new school district within the state in the same school year and the parents or previous school district verifies that the student had an IEP that was in effect in the previous district, the new school district must meet the requirements of 34 CFR, §300.323(e), by either adopting the student's IEP from the previous school district or developing, adopting, and implementing a new IEP. The timeline for adopting the previous IEP or developing, adopting, and implementing a new IEP is 20 school days from the date the student is verified as being a student eligible for special education services.(2) When a student transfers from a school district in another state in the same school year and the parents or previous school district verifies that the student had an IEP that was in effect in the previous district, the new school district must, if determined necessary, conduct a full individual and initial evaluation and make an eligibility determination and, if appropriate, develop, adopt, and implement a new IEP, within the timelines established in §89.1011 of this title (relating to Full and Individual Initial Evaluation). If the school district determines that an evaluation is not necessary, the timeline for the new district to develop, adopt, and implement a new IEP is 20 school days from the date the student is verified as being a student eligible for special education services.(3) Students who register in a new school district in the state during the summer when students are not in attendance for instructional purposes, the provisions of paragraphs (1) and (2) of this subsection apply based on whether the students are coming from an in-state or out-of-state school district. All other provisions in this subsection apply to these students.(4) In accordance with 34 CFR, §300.323(g), the new school district must take reasonable steps to promptly obtain the student's records from the previous school district, and, in accordance with TEC, §25.002, and 34 CFR, §300.323(g), the previous school district must furnish the new school district with a copy of the student's records, including the student's special education records, not later than the 10th working day after the date a request for the information is received by the previous school district.(5) If a parent hasn't already provided verification of eligibility and the new school district has been unable to obtain the necessary verification records from the previous district by the 15th working day after the date a request for the records was submitted by the new district to the previous district, the new school district must seek verification from the student's parent. If the parent provides verification, the new school district must comply with all paragraphs of this subsection. The new school district is encouraged to ask the parent to provide verification of eligibility before the 15th working day after the date a request for the records was submitted by the new district to the previous district. If the parent is unwilling or unable to provide such verification, the new district must continue to take reasonable steps to obtain the student's records from the previous district and provide any services comparable to what the student received at the previous district if they communicate those to the new district.(6) For the purposes of this subsection, "verify" means that the new school district has received a copy of the student's IEP that was in effect in the previous district. The first school day after the new district receives a copy of the student's IEP that was in effect in the previous district begins the timelines associated with paragraphs (1) and (2) of this subsection.(7) While the new school district waits for verification, the new school district must take reasonable steps to provide, in consultation with the student's parents, services comparable to those the student received from the previous district if the new school district has been informed by the previous school district of the student's special education and related services and placement.(8) Once the new school district receives verification that the student had an IEP in effect at the previous district, comparable services must be provided to a student during the timelines established under paragraphs (1) and (2) of this subsection. Comparable services include provision of ESY services if those services are identified in the previous IEP or if the new district has reason to believe that the student would be eligible for ESY services.</content><note type="source"><p>Source Note: The provisions of this §89.1055 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective June 7, 2004, 29 TexReg 5608; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective March 22, 2017, 42 TexReg 1247; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective June 7, 2022, 47 TexReg 3248; amended to be effectiveJuly 30, 2024, 49 TexReg 5507.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1056"><num value="89.1056">§89.1056</num><heading>Transfer of Assistive Technology Devices</heading><content>(a) Unless otherwise specifically defined in this section, the terms used in this section shall have the meanings ascribed to such terms in Texas Education Code (TEC), §30.0015, (Transfer of Assistive Technology Devices).(b) A transfer of an assistive technology device (ATD) pursuant to TEC, §30.0015, shall be in accordance with a transfer agreement which incorporates the standards described in TEC, §30.0015(c), and which includes, specifically, the following.(1) The transferor and transferee must represent and agree that the terms of the transfer are based on the fair market value of the ATD, determined in accordance with generally accepted accounting principles.(2) The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD pursuant to TEC, §30.0015. The procedures employed by a school district in obtaining such informed consent shall be consistent with the procedures employed by the district to obtain parental consent under 34 Code of Federal Regulations (CFR), §300.300. If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student. Consistent with 34 CFR, §300.505(c), informed parental or adult student consent need not be obtained if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent or the adult student has failed to respond. To meet the reasonable measures requirement, the school district must use procedures consistent with those described in 34 CFR, §300.322(d).(3) If the transfer is a sale, then the sale of the ATD shall be evidenced by a "Uniform Transfer Agreement" (UTA) which includes the following:(A) the names of the transferor and the transferee (which may be any individual or entity identified in TEC, §30.0015(b));(B) the date of the transfer;(C) a description of the ATD being transferred;(D) the terms of the transfer (including the transfer of warranties, to the extent applicable); and(E) the signatures of authorized representatives of both the transferor and the transferee.(c) The Texas Education Agency shall annually disseminate to school districts the standards for a school district's transfer of an ATD pursuant to TEC, §30.0015.(d) Nothing in this section or in TEC, §30.0015, shall:(1) alter any existing obligation under federal or state law to provide ATDs to students with disabilities;(2) require a school district to transfer an ATD to any person or entity;(3) limit a school district's right to sell, lease, loan, or otherwise convey or dispose of property as authorized by federal or state laws, rules, or regulations; or(4) authorize any transfer of an ATD that is inconsistent with any restriction on transferability imposed by the manufacturer or developer of the ATD or applicable federal or state laws, rules, or regulations.</content><note type="source"><p>Source Note: The provisions of this §89.1056 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1065"><num value="89.1065">§89.1065</num><heading>Extended School Year Services</heading><content>Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities.(1) The need for ESY services must be determined on an individual student basis by the admission, review, and dismissal (ARD) committee in accordance with 34 Code of Federal Regulations (CFR), §300.106, and the provisions of this section. In determining the need for and in providing ESY services, a school district may not:(A) limit ESY services to particular categories of disability; or(B) unilaterally limit the type, amount, or duration of ESY services.(2) The need for ESY services must be documented using data collected by the district and the student's parents using formal or informal assessments. The documentation must demonstrate that in one or more critical areas addressed in the current individualized education program (IEP) where the student has previously demonstrated acquired progress, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time. Severe or substantial regression means that the student has been, or will be, unable to maintain previously acquired progress in one or more critical IEP areas in the absence of ESY services.(3) The reasonable period of time for recoupment of acquired critical skills must be determined on the basis of needs identified in each student's IEP. If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the student or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills. In any case, the period of time for recoupment must not exceed eight weeks.(4) A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year:(A) placement in a more restrictive instructional arrangement;(B) significant loss of acquired skills necessary for the student to appropriately progress in the general curriculum;(C) significant loss of self-sufficiency in self-help skill areas as evidenced by an increase in the number of direct service staff and/or amount of time required to provide special education or related services;(D) loss of access to community-based independent living skills instruction or an independent living environment provided by noneducational sources as a result of regression in skills; or(E) loss of access to on-the-job training or productive employment as a result of regression in skills.(5) The ARD committee must consider ESY services at the annual review of a student's IEP. If a student for whom ESY services were considered and rejected at the annual IEP review meeting later demonstrates a need for ESY services based on the criteria described in this section, the parent and school district must determine either through an IEP amendment by agreement in accordance with 34 CFR, §300.324(a)(4), or during an ARD committee meeting the location, duration, and frequency of ESY services the student requires.(6) If a student for whom ESY services were considered and rejected loses critical skills because of the decision not to provide ESY services, and if those skills are not regained after the reasonable period of time for recoupment, the ARD committee must reconsider the current IEP if the student's loss of critical skills interferes with the implementation of the student's IEP.(7) For students enrolling in a district during the school year, information obtained from the prior school district as well as information collected during the current year may be used to determine the need for ESY services.(8) The provision of ESY services is limited to the educational needs of the student and must not supplant or limit the responsibility of other public agencies to continue to provide care and treatment services pursuant to policy or practice, even when those services are similar to, or the same as, the services addressed in the student's IEP. No student will be denied ESY services because the student receives care and treatment services under the auspices of other agencies.(9) Districts are not eligible for reimbursement for ESY services provided to students for reasons other than those set forth in this section.(10) If a student whose IEP notes that ESY services are required withdraws from one district and registers in another district during the summer months, the new district will be responsible for ensuring those services are provided. This may include the direct provision of those services or contracting with the previous district or another entity to provide the services or payment for the services.</content><note type="source"><p>Source Note: The provisions of this §89.1065 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective July 23, 2024, 49 TexReg 5347.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1070"><num value="89.1070">§89.1070</num><heading>Graduation Requirements</heading><content>(a) Graduation under subsection (b)(1) of this section or reaching maximum age eligibility described by §89.1035 of this title (relating to Age Ranges for Student Eligibility) terminates a student's eligibility for special education services under this subchapter and Part B of the Individuals with Disabilities Education Act and entitlement to the benefits of the Foundation School Program, as provided in Texas Education Code (TEC), §48.003(a).(b) A student who receives special education services may graduate and be awarded a diploma if the student meets one of the following conditions.(1) The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-117, 126-128, and 130 of this title; satisfactorily completed credit requirements for graduation under the Foundation High School Program specified in §74.12 of this title (relating to Foundation High School Program) applicable to students in general education; and demonstrated satisfactory performance as established for students in general education in TEC, Chapters 28 and 39, on the required end-of-course assessment instruments, which could include meeting the requirements of subsection (d) of this section.(2) The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-117, 126-128, and 130 of this title; the student has satisfactorily completed credit requirements for graduation under the Foundation High School Program specified in §74.12 of this title applicable to students in general education; and the student's admission, review, and dismissal (ARD) committee has determined that satisfactory performance, beyond what would otherwise be required in subsections (b)(1) and (d) of this section, on the required end-of-course assessment instruments is not required for graduation.(3) The student has satisfactorily completed credit requirements for graduation under the Foundation High School Program specified in §74.12 of this title through courses, one or more of which contain modified curriculum that is aligned to the standards applicable to students in general education; demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-117, 126-128, and 130 of this title in accordance with modified content and curriculum expectations established in the student's individualized education program (IEP); and demonstrated satisfactory performance on the required end-of-course assessment instruments, unless the student's ARD committee has determined that satisfactory performance on the required end-of-course assessment instruments is not required for graduation. The student must also successfully complete the student's IEP and meet one of the following conditions:(A) consistent with the IEP, the student has obtained full-time employment, based on the student's abilities and local employment opportunities, in addition to mastering sufficient self-help skills to enable the student to maintain the employment without direct and ongoing educational support of the local school district;(B) consistent with the IEP, the student has demonstrated mastery of specific employability skills and self-help skills that do not require direct ongoing educational support of the local school district; or(C) the student has access to services or other supports that are not within the legal responsibility of public education, including employment or postsecondary education established through transition planning.(c) A student receiving special education services may earn an endorsement under §74.13 of this title (relating to Endorsements) if the student:(1) satisfactorily completes the requirements for graduation under the Foundation High School Program specified in §74.12 of this title as well as the additional credit requirements in mathematics, science, and elective courses as specified in §74.13(e) of this title with or without modified curriculum;(2) satisfactorily completes the courses required for the endorsement under §74.13(f) of this title without any modified curriculum or with modification of the curriculum, provided that the curriculum, as modified, is sufficiently rigorous as determined by the student's ARD committee; and(3) performs satisfactorily as established in TEC, Chapter 39, on the required end-of-course assessment instruments unless the student's ARD committee determines that satisfactory performance is not required.(d) A student receiving special education services classified in Grade 11 or 12 who has taken each of the state assessments required by Chapter 101, Subchapter CC, of this title (relating to Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program) or Subchapter DD of this title (relating to Commissioner's Rules Concerning Substitute Assessments for Graduation) but failed to achieve satisfactory performance on no more than two of the assessments is eligible to receive a diploma under subsection (b)(1) of this section.(e) A student who has reached maximum age eligibility in accordance with §89.1035 of this title without meeting the credit, curriculum, and assessment requirements specified in subsection (b) of this section is not eligible to receive a diploma but may receive a certificate of attendance as described in TEC, §28.025(f).(f) A summary of academic achievement and functional performance must be provided prior to exit from public school for students who meet one of the following conditions:(1) a student who has met requirements for graduation specified by subsection (b)(1) of this section or who has exceeded the maximum age eligibility as described by §89.1035 of this title; or(2) a student who has met requirements for graduation specified in subsection (b)(2) or (b)(3)(A), (B), or (C) of this section. Additionally, a student meeting this condition is entitled to an evaluation as described in 34 Code of Federal Regulations (CFR), §300.305(e)(1).(g) The summary of performance described by subsection (f) of this section must include recommendations on how to assist the student in meeting the student's postsecondary goals, as required by 34 CFR, §300.305(e)(3). This summary must also consider, as appropriate, the views of the parent and student and written recommendations from adult service agencies on how to assist the student in meeting postsecondary goals.(h) Students who meet graduation requirements under subsection (b)(2) or (b)(3)(A), (B), or (C) of this section and who will continue enrollment in public school to receive special education services aligned to their transition plan will be provided the summary of performance described in subsections (f) and (g) of this section upon exit from the public school system. These students are entitled to participate in commencement ceremonies and receive a certificate of attendance after completing four years of high school, as specified by TEC, §28.025(f).(i) Employability and self-help skills referenced under subsection (b)(3) of this section are those skills directly related to the preparation of students for employment, including general skills necessary to obtain or retain employment.(j) For students who graduate and receive a diploma according to subsections (b)(2) or (b)(3)(A), (B), or (C) of this section, the ARD committee must determine needed special education services upon the request of the student or parent to resume services, as long as the student meets the age eligibility requirements.(k) For purposes of this section, modified curriculum and modified content refer to any reduction of the amount or complexity of the required knowledge and skills in Chapters 110-117, 126-128, and 130 of this title. Substitutions that are specifically authorized in statute or rule must not be considered modified curriculum or modified content.</content><note type="source"><p>Source Note: The provisions of this §89.1070 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective August 1, 2002, 27 TexReg 3061; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective August 22, 2011, 36 TexReg 413; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective September 16, 2015, 40 TexReg 6107; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective October 5, 2021, 46 TexReg 6533; amended to be effectiveNovember 7, 2024, 49 TexReg 8712.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1075"><num value="89.1075">§89.1075</num><heading>General Program Requirements and Local District Procedures</heading><content>(a) Each school district must maintain an eligibility folder for each student receiving special education and related services, in addition to the student's cumulative record. The eligibility folder must include, but will not be limited to, copies of referral data; documentation of notices and consents; evaluation reports and supporting data; admission, review, and dismissal (ARD) committee reports; and the student's individualized education programs (IEPs) and supporting data.(b) Each school district must develop policies, procedures, programs, and practices that are consistent with the state's established policies, procedures, programs, and services to implement the Individuals with Disabilities Education Act.(c) For school districts providing special education services to students with visual impairments, there must be written procedures as required in Texas Education Code (TEC), §30.002(c)(10).(d) Each school district must ensure that each teacher who provides instruction to a student with disabilities:(1) has access to relevant sections of the student's current IEP;(2) is informed of the teacher's specific responsibilities related to implementation of the IEP, such as goals and objectives, and of needed accommodations, modifications, and supports for the student; and(3) has an opportunity to request assistance regarding implementation of the student's IEP.(e) Each school district must develop a process to be used by a teacher who instructs a student with a disability in a general education classroom setting:(1) to request a review of the student's IEP;(2) to provide input in the development of the student's IEP;(3) that provides for a timely district response to the teacher's request; and(4) that provides for notification to the student's parent or legal guardian of that response.(f) Students with disabilities must have available an instructional day commensurate with that of students without disabilities. The ARD committee must determine the appropriate instructional setting and length of day for each student, and these must be specified in the student's IEP.(g) School districts that contract for services from nonpublic day schools or residential placements must do so in accordance with 34 Code of Federal Regulations (CFR), §300.147, and §89.1092 and §89.1094 of this title (relating to Contracting for Nonpublic Residential Placements for the Provision of a Free Appropriate Public Education (FAPE) and Contracting for Nonpublic or Non-District Operated Day Placements for the Provision of a Free Appropriate Public Education (FAPE)).(h) Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe.(i) The transition and employment designee required of each school district or shared services arrangement by TEC, §29.011, must complete the required training as developed by the commissioner of education and provide information about transition requirements and coordination among parents, students, and appropriate state agencies to ensure that school staff can communicate and collaborate effectively.</content><note type="source"><p>Source Note: The provisions of this §89.1075 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1076"><num value="89.1076">§89.1076</num><heading>Interventions and Sanctions</heading><content>The Texas Education Agency (TEA) must establish and implement a system of interventions and sanctions in accordance with the Individuals with Disabilities Education Act, 20 United States Code, §§1400 et seq.; Texas Education Code (TEC), §29.010; TEC, Chapter 39; and TEC, Chapter 39A, as necessary to ensure program effectiveness and compliance with federal and state requirements regarding the implementation of special education and related services. TEA may combine any intervention and sanction. The system of interventions and sanctions will include, but not be limited to, the following:(1) onsite review for failure to meet program or compliance requirements;(2) required program or compliance audits, paid for by the district;(3) required submission of corrective actions, including, but not limited to, compensatory services, paid for by the district;(4) required technical assistance and support, paid for by the district;(5) public release of program or compliance review or audit findings;(6) special investigation and/or follow-up verification visits;(7) required public hearing conducted by the local school board of trustees;(8) assignment of a monitor, conservator, or management team, as these terms are defined in TEC, Chapter 39A, paid for by the district;(9) hearing before the commissioner of education or designee;(10) placing specific conditions on grant funds, reduction in payment, required redirection of funds, or withholding of funds;(11) lowering of the special education monitoring/compliance status and/or the accreditation rating of the district; and/or(12) other authorized interventions and sanctions as determined by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §89.1076 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective June 7, 2004, 29 TexReg 5608; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1080"><num value="89.1080">§89.1080</num><heading>Regional Day School Program for the Deaf</heading><content>In accordance with Texas Education Code, §§30.081-30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education. Any student who is deaf or hard of hearing with a disability that severely impairs processing linguistic information through hearing, even with recommended amplification, and that adversely affects educational performance shall be eligible for consideration for the Regional Day School Program for the Deaf, subject to the admission, review, and dismissal committee recommendations.</content><note type="source"><p>Source Note: The provisions of this §89.1080 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective January 18, 2023, 48 TexReg 133.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1085"><num value="89.1085">§89.1085</num><heading>Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services</heading><content>(a) A student's admission, review, and dismissal (ARD) committee may place the student at the Texas School for the Blind and Visually Impaired (TSBVI) or the Texas School for the Deaf (TSD) in accordance with the provisions of 34 Code of Federal Regulations (CFR), Part 300; the Texas Education Code (TEC), including, specifically, §§30.021, 30.051, and 30.057; and the applicable rules of this subchapter.(b) In the event that a student is placed by his or her ARD committee at either the TSBVI or the TSD, the student's "resident school district," as defined in subsection (e) of this section, shall be responsible for assuring that a free appropriate public education (FAPE) is provided to the student at the TSBVI or the TSD, as applicable, in accordance with the Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC), §§1400 et seq.; 34 CFR, Part 300; state statutes; and rules of the State Board of Education (SBOE), the State Board for Educator Certification (SBEC), and the commissioner of education. If representatives of the resident school district and representatives of the TSBVI or the TSD disagree, as members of a student's ARD committee, with respect to a recommendation by one or more members of the student's ARD committee that the student be evaluated for placement, initially placed, or continued to be placed at the TSBVI or TSD, as applicable, the representatives of the resident school district and the TSBVI or TSD, as applicable, may seek resolution through the mediation procedures adopted by the Texas Education Agency or through any due process hearing to which the resident school district or the TSBVI or the TSD are entitled under the IDEA, 20 USC, §§1400, et seq.(c) When a student's ARD committee places the student at the TSBVI or the TSD, the student's resident school district shall comply with the following requirements.(1) For each student, the resident school district shall list those services in the student's individualized education program (IEP) which the TSBVI or the TSD can appropriately provide.(2) The district may make an onsite visit to verify that the TSBVI or the TSD can and will offer the services listed in the individual student's IEP and to ensure that the school offers an appropriate educational program for the student.(3) For each student, the resident school district shall include in the student's IEP the criteria and estimated timelines for returning the student to the resident school district.(d) In addition to the provisions of subsections (a)-(c) of this section, and as provided in TEC, §30.057, the TSD shall provide services in accordance with TEC, §30.051, to any eligible student with a disability for whom the TSD is an appropriate placement if the student has been referred for admission by the student's parent or legal guardian, a person with legal authority to act in place of the parent or legal guardian, or the student, if the student is age 18 or older, at any time during the school year if the referring person chooses the TSD as the appropriate placement for the student rather than placement in the student's resident school district or regional program determined by the student's ARD committee. For students placed at the TSD pursuant to this subsection, the TSD shall be responsible for assuring that a FAPE is provided to the student at the TSD, in accordance with IDEA, 20 USC, §§1400, et seq.; 34 CFR, Part 300; state statutes; and rules of the SBOE, the SBEC, and the commissioner.(e) For purposes of this section and §89.1090 of this title (relating to Transportation of Students Placed in the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf), the "resident school district" is the school district in which the student would be enrolled under TEC, §25.001, if the student were not placed at the TSBVI or the TSD. If the student is enrolled in an open-enrollment charter school at the time of placement in the TSBVI or TSD, then the open-enrollment charter school is considered the resident school district for purposes of this section and §89.1090 of this title, since the student's IEP will include the criteria and estimated timelines for returning the student to that school.</content><note type="source"><p>Source Note: The provisions of this §89.1085 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1090"><num value="89.1090">§89.1090</num><heading>Transportation of Students Placed in the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf</heading><content>(a) For each student placed by the student's admission, review, and dismissal (ARD) committee in the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf that includes placement at the residential campus, the resident school district, as defined in §89.1085 of this title (relating to Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services), shall be responsible for transportation from the campus as well as the return to campus at the beginning and end of school terms and for regularly scheduled school holidays when all students are expected to leave the residential campus.(b) The resident school district is not responsible for transportation costs for students placed in these settings by their parents.(c) Transportation costs shall not exceed state approved per diem and mileage rates unless excess costs can be justified and documented. Transportation shall be arranged by the school using the most cost efficient means.(d) When it is necessary for the safety of the student, as determined by the ARD committee and as documented in the student's individualized education program, for an adult designated by the ARD committee to accompany the student, round-trip transportation for that adult shall also be provided.(e) The resident school district and the school shall coordinate to ensure that students are transported safely, including the periods of departure and arrival.</content><note type="source"><p>Source Note: The provisions of this §89.1090 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1092"><num value="89.1092">§89.1092</num><heading>Contracting for Nonpublic Residential Placements for the Provision of a Free Appropriate Public Education (FAPE)</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.(1) School district--The definition of a school district includes independent school districts established under Texas Education Code (TEC), Chapter 11, Subchapters A-F, and open-enrollment charter schools established under TEC, Chapter 12, Subchapter D.(2) Nonpublic residential program--A nonpublic residential program includes the provision of special education and related services to one or more Texas public school students by someone other than school district personnel at a facility not operated by a school district. A student placed in this program has been determined by his or her admission, review, and dismissal (ARD) committee to require a residential placement in order to facilitate the student's attainment of reasonable educational progress and to provide the student a free appropriate public education (FAPE). It is not a placement intended primarily for the provision of medical care and treatment.(3) Nonpublic residential program provider--A nonpublic residential program provider is a public or private entity with one or more facilities that contracts with a school district for the provision of some or all of a student's special education and related services when the school district is unable to provide those services and maintains current and valid licensure by the Texas Department of Family and Protective Services, the Texas Health and Human Services Commission, or another appropriate state agency. A provider that a school district contracts with only for the provision of related services is not subject to the requirements of this section.(b) Nonpublic residential program requirements. A school district may contract with a nonpublic residential program provider when the student's ARD committee determines that a residential placement is necessary in order for the student to receive a FAPE in accordance with the requirements of this section.(1) Before a student's ARD committee places a student with a disability in, or refers a student to, a nonpublic residential program, the ARD committee shall initiate and conduct a meeting to develop an individualized education program (IEP) for the student in accordance with 34 Code of Federal Regulations (CFR), §§300.320-300.325, state statutes, and commissioner of education rules in this chapter'.(2) Before a student's ARD committee places a student with a disability in, or refers a student with a disability to, a nonpublic residential program, the district shall initiate and conduct an in-person, onsite review of the program provider's facility and program to ensure that the program is appropriate for meeting the student's educational needs.(3) The appropriateness of the placement and the facility shall be documented in the IEP annually. The student's ARD committee may only recommend a nonpublic residential program if the committee determines that the nature and severity of the student's disability and special education needs are such that the student cannot be satisfactorily educated in the school district.(A) The student's IEP must list which services the school district is unable to provide and which services the nonpublic residential program will provide.(B) At the time the ARD committee determines placement, the ARD committee shall establish, in writing, criteria and a projected date for the student's return to the school district and document this information in the IEP.(C) The school district shall make a minimum of two onsite, in-person visits annually, one announced and one unannounced, and more often if directed by the Texas Education Agency (TEA), to:(i) verify that the program provider can and will provide the services listed in the student's IEP that the provider has agreed to provide to the student;(ii) obtain written verification that the facility meets minimum standards for health and safety and holds all applicable local and state accreditation and permit requirements;(iii) verify that the program provider's staff who work with the student have been subject to criminal background checks (to include fingerprinting) that meet the standards applicable to public school employees;(iv) verify that the program provider has developed written policies, procedures, and operating guidelines that set forth necessary standards and steps to be followed to ensure the student maintains the same rights as other public school students with disabilities, including when the student is subject to emergency behavioral interventions or disciplinary actions, as well as to ensure the prohibition of aversive techniques as defined by TEC, §37.0023; and(v) verify that the educational program provided at the facility is appropriate and the placement is the least restrictive environment for the student.(4) The placement of more than one student in the same facility may be considered in the same onsite visit to the facility. However, the IEP of each student must be individually reviewed and a determination of appropriateness of placement and service must be made for each student.(5) When a student who is placed by a school district in a nonpublic residential program changes his or her residence to another Texas school district and the student continues in the contracted placement, the school district that negotiated the contract shall be responsible for the residential contract for the remainder of the school year.(c) Notification. Within 30 calendar days from an ARD committee's decision to place or continue the placement of a student in a nonpublic residential program, a school district must electronically submit to TEA notice of, and information regarding, the placement in accordance with submission procedures specified by TEA.(1) If the nonpublic residential program provider is on the commissioner's list of approved providers, TEA will review the student's IEP and placement as required by 34 CFR, §300.120, and, in the case of a placement in or referral to a private school or facility, 34 CFR, §300.146. After review, TEA will notify the school district whether federal or state funds for the program placement are approved. If TEA does not approve the use of funds, it will notify the school district of the basis for the non-approval.(2) If the nonpublic residential program provider is not on the commissioner's list of approved providers, TEA will begin the approval procedures described in subsection (d) of this section. School districts must ensure there is no delay in implementing a child's IEP in accordance with 34 CFR, §300.103(c).(3) If a nonpublic residential program placement is ordered by a special education hearing officer or court of competent jurisdiction, the school district must notify TEA of the order within 30 calendar days. The program provider serving the student is not required to go through the approval procedures described in subsection (d) of this section for the ordered placement. If, however, the school district or other school districts intend to place other students in the program, the program provider will be required to go through the approval procedures to be included on the commissioner's list of approved providers.(d) Approval of a nonpublic residential program. Nonpublic residential program providers must have their educational programs approved for contracting purposes by the commissioner. Approvals and reapprovals will only be considered for those providers that have a contract already in place with a school district for the placement of one or more students or that have a pending request from a school district. Reapproval can be for one, two, or three years, at the discretion of TEA.(1) For a program provider to be approved or reapproved, the school district must electronically submit to TEA notice of, and information regarding, the placement in accordance with submission procedures specified by TEA. TEA shall begin approval procedures and conduct an onsite visit to the provider's facility within 30 calendar days after TEA has been notified by the school district and has received the required submissions as outlined by TEA. Initial approval of the provider shall be for one calendar year.(2) The program provider may be approved or reapproved only after, at minimum, a programmatic evaluation and a review of personnel qualifications, adequacy of physical plant and equipment, and curriculum content.(3) TEA may place conditions on the provider to ensure the provision of a FAPE for students who have been placed in a nonpublic residential program during the provider's approval period or during a reapproval process.(4) If TEA does not approve, does not reapprove, or withdraws an approval from a program provider, a school district must take steps to remove any students currently placed at the provider's facility, or cancel a student's planned placement, as expeditiously as possible.(5) TEA may conduct announced or unannounced onsite visits at a program provider's facility that is serving one or more Texas public school students in accordance with this section and will monitor the program provider's compliance with the requirements of this section.(e) Criteria for approval. Requests for approval of state and federal funding for nonpublic residential program placements shall be negotiated on an individual student basis through a residential application submitted by the school district to TEA.(1) A residential application may be submitted for educational purposes only. The residential application shall not be approved if the application indicates that the:(A) placement is due primarily to the student's medical problems;(B) placement is due primarily to problems in the student's home;(C) district does not have a plan, including criteria and a projected date, for the student's return to the local school program;(D) district did not attempt to implement lesser restrictive placements prior to residential placement (except in emergency situations as documented by the student's ARD committee);(E) placement is not cost effective when compared with other alternative placements; or(F) residential facility provides unfundable or unapprovable services.(2) The placement, if approved by TEA, shall be funded as follows:(A) the education cost of nonpublic residential program contracts shall be funded with state funds on the same basis as nonpublic day program contract costs according to TEC, §48.102;(B) related services and residential costs for nonpublic residential program contracts shall be funded from a combination of fund sources. After expending any other available funds, the district must expend its local tax share per average daily attendance and 25% of its Individuals with Disabilities Education Act, Part B (IDEA-B), formula base planning amount (or an equivalent amount of state and/or local funds) for related services and residential costs. If this is not sufficient to cover all costs of the placement, the district through the residential application process may receive IDEA-B discretionary residential funds to pay the balance of the nonpublic residential contract placement(s) costs; and(C) funds generated by the formula for residential costs described in subparagraph (B) of this paragraph shall not exceed the daily rate recommended by the Texas Department of Family and Protective Services for the general residential operation intense service level of care.(3) Contracts between school districts and approved nonpublic residential program providers shall not begin prior to August 1 of the contracted program year and must not extend past July 31.(4) Amendments to a contract must be electronically submitted to TEA in accordance with submission procedures specified by TEA no later than 30 calendar days from the change in placement or services.(f) Contract for out-of-state nonpublic residential programs. School districts that contract for out-of-state nonpublic residential programs shall do so in accordance with the rules in this section, except that the program provider must be approved by the appropriate agency in the state in which the facility is located rather than by TEA.</content><note type="source"><p>Source Note: The provisions of this §89.1092 adopted to be effective March 14, 2021, 46 TexReg 1466; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1094"><num value="89.1094">§89.1094</num><heading>Contracting for Nonpublic or Non-District Operated Day Placements for the Provision of a Free Appropriate Public Education (FAPE)</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Nonpublic or non-district operated day program--A nonpublic or non-district operated day program includes the provision of special education and related services to one or more Texas public school students during school hours by someone other than school district personnel in a facility not operated by a school district. A student placed in this program has been determined by his or her admission, review, and dismissal (ARD) committee to require a day placement in order to facilitate the student's attainment of reasonable educational progress and to provide the student a free appropriate public education (FAPE).(2) Nonpublic or non-district operated day program provider--A nonpublic or non-district operated day program provider is an entity with one or more facilities that contracts with a school district for the provision of some or all of a student's special education and related services when the school district is unable to provide these services. These providers include:(A) a county system operating under application of former law as provided in Texas Education Code (TEC), §11.301;(B) a regional education service center established under TEC, Chapter 8;(C) a nonpublic day school; or(D) any other public or private entity with which a school district enters into a contract under TEC, §11.157(a), for the provision of special education services in a facility not operated by a school district.(3) School district--The definition of a school district includes independent school districts established under TEC, Chapter 11, Subchapters A-F, and open-enrollment charter schools established under TEC, Chapter 12, Subchapter D.(b) Nonpublic or non-district operated day program requirements. A school district may contract with a nonpublic or non-district operated day program provider in accordance with the requirements in this section.(1) Before a student's ARD committee places a student with a disability in, or refers a student to, a nonpublic or non-district operated day program, the ARD committee shall initiate and conduct a meeting to develop an individualized education program (IEP) for the student in accordance with 34 Code of Federal Regulations (CFR), §§300.320-300.325, state statutes, and commissioner of education rules in this chapter.(2) Before a student's ARD committee places a student with a disability in, or refers a student to, a nonpublic or non-district operated day program, the district shall initiate and conduct an onsite, in-person review of the program provider's facility to ensure that the program is appropriate for meeting the student's educational needs.(3) The appropriateness of the placement and the facility shall be documented in the IEP annually. The student's ARD committee may only recommend a nonpublic or non-district operated day program if the committee determines that the nature and severity of the student's disability and special education needs are such that the student cannot be satisfactorily educated in the school district.(A) The student's IEP must list which services the school district is unable to provide and which services the program will provide.(B) At the time the ARD committee determines placement, the ARD committee shall establish, in writing, criteria and a projected date for the student's return to the school district and document this information in the IEP.(C) The school district shall make a minimum of two onsite, in-person visits annually, one announced and one unannounced, and more often if directed by TEA, to:(i) verify that the program provider can, and will, provide the services listed in the student's IEP that the provider has agreed to provide to the student;(ii) obtain written verification that the facility meets minimum standards for health and safety and holds all applicable local and state accreditation and permit requirements;(iii) verify that the program provider's staff who work with the student have been subject to criminal background checks (to include fingerprinting) that meet the standards applicable to public school employees;(iv) verify that the program provider has developed written policies, procedures, and operating guidelines that set forth necessary standards and steps to be followed to ensure the student maintains the same rights as other public school students with disabilities, including when the student is subject to emergency behavioral interventions or disciplinary actions, as well as to ensure the prohibition of aversive techniques as defined by TEC, §37.0023; and(v) verify that the educational program provided at the facility is the least restrictive environment for the student.(4) The placement of more than one student in the same facility may be considered in the same onsite visit to the facility. However, the IEP of each student must be individually reviewed, and a determination of appropriateness of placement and services must be made for each student.(c) Notification. Within 30 calendar days from an ARD committee's decision to place or continue the placement of a student in a nonpublic or non-district operated day program, a school district must electronically submit to the Texas Education Agency (TEA) notice of, and information regarding, the placement in accordance with submission procedures specified by TEA.(1) If the nonpublic or non-district operated day program provider is on the commissioner's list of approved providers, TEA will review the student's IEP and placement as required by 34 CFR, §300.120, and, in the case of a placement in or referral to a private school or facility, 34 CFR, §300.146. After review, TEA will notify the school district whether federal or state funds for the program placement are approved. If TEA does not approve the use of funds, it will notify the school district of the basis for the non-approval.(2) If the nonpublic or non-district day program provider is not on the commissioner's list of approved providers, TEA will begin the approval procedures described in subsection (d) of this section. School districts must ensure there is no delay in implementing a child's IEP in accordance with 34 CFR, §300.103(c).(3) If a nonpublic or non-district operated day program placement is ordered by a special education hearing officer or court of competent jurisdiction, the school district must notify TEA of the order within 30 calendar days. The program provider serving the student is not required to go through the approval procedures described in subsection (d) of this section for the ordered placement. If, however, the school district or other school districts intend to place other students in the program, the program provider will be required to go through the approval procedures to be included on the commissioner's list of approved providers.(d) Approval of the nonpublic or non-district operated day program. Nonpublic or non-district operated day program providers must have their educational programs approved for contracting purposes by the commissioner. Approvals and reapprovals will only be considered for those providers that have a contract already in place with a school district for the placement of one or more students or that have a pending request from a school district. Reapproval can be for one, two, or three years, at the discretion of TEA.(1) For a program provider to be approved or reapproved, the school district must electronically submit to TEA notice of, and information regarding, the placement in accordance with submission procedures specified by TEA. TEA shall begin approval procedures and conduct an onsite visit to the provider's facility within 30 calendar days after TEA has been notified by the school district and has received the required submissions as outlined by TEA. Initial approval of the provider shall be for one calendar year.(2) The program provider may be approved or reapproved only after, at minimum, a programmatic evaluation and a review of personnel qualifications, adequacy of physical plant and equipment, and curriculum content.(3) TEA may place conditions on the provider to ensure the provision of a FAPE for students who have been placed in a nonpublic or non-district operated day program during the provider's approval period or during a reapproval process.(4) If TEA does not approve, does not reapprove, or withdraws an approval from a program provider, a school district must take steps to remove any students currently placed at the provider's facility, or cancel a student's planned placement, as expeditiously as possible.(5) TEA may conduct announced or unannounced onsite visits at a program provider's facility that is serving one or more Texas public school students in accordance with this section and will monitor the program provider's compliance with the requirements of this section.(e) Funding procedures and other requirements. The cost of nonpublic or non-district operated day program placements will be funded according to TEC, §48.102 (Special Education); §89.1005(e) of this title (relating to Instructional Arrangements and Settings); and §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook).(1) Contracts between school districts and approved nonpublic or non-district operated day program providers shall not begin prior to August 1 of the contracted program year and must not extend past July 31.(2) Amendments to a contract must be electronically submitted to TEA in accordance with submission procedures specified by TEA no later than 30 calendar days from the change in placement or services.(3) If a student who is placed in a nonpublic or non-district operated day program by a school district changes his or her residence to another Texas school district during the school year, the school district must notify TEA within 10 calendar days of the date on which the school district ceased contracting with the program provider for the student's placement. The student's new school district must meet the requirements of 34 CFR, §300.323(e), by providing comparable services to those described in the student's IEP from the previous school district until the new school district either adopts the student's IEP from the previous school district or develops, adopts, and implements a new IEP. The new school district must comply with all procedures described in this section for continued or new program placement.</content><note type="source"><p>Source Note: The provisions of this §89.1094 adopted to be effective November 10, 2019, 44 TexReg 6876; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective August 22, 2024, 49 TexReg 6198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1096"><num value="89.1096">§89.1096</num><heading>Provision of Services for Students Placed by their Parents in Private Schools or Facilities</heading><content>(a) Except as specifically provided in this section, in accordance with 34 Code of Federal Regulations (CFR), §300.137, no eligible student who has been placed by his or her parent(s) in a private school or facility has an individual right to receive some or all of the special education and related services that the student would receive if he or she were enrolled in a public school district. Except as specifically set forth in this section, a school district's obligations with respect to students placed by their parents in private schools are governed by 34 CFR, §§300.130-300.144.(1) For purposes of subsections (a) and (d) of this section only, private school is defined as a private elementary or secondary school, including any pre-school, religious school, and institutional day or residential school, that:(A) as required by 34 CFR, §300.13 and §300.130, is a nonprofit entity that meets the definition of nonprofit in 34 CFR, §77.1; and(B) provides elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of student progress.(2) A home school must meet the requirements of paragraph (1)(B) of this subsection, but not paragraph (1)(A) of this subsection, to be considered a private school for purposes of subsections (a) and (d) of this section.(b) When a student with a disability who has been placed by his or her parents directly in a private school or facility is referred to the local school district, the local district shall convene an admission, review, and dismissal (ARD) committee meeting to determine whether the district can offer the student a free appropriate public education (FAPE). If the district determines that it can offer a FAPE to the student, the district is not responsible for providing educational services to the student, except as provided in 34 CFR, §§300.130-300.144, or subsection (e) of this section, until such time as the parents choose to enroll the student in public school full time.(c) Parents of an eligible student ages 3 or 4 shall have the right to "dual enroll" their student in both the public school and the private school beginning on the student's third birthday and continuing until the end of the school year in which the student turns five or until the student is eligible to attend a district's public school kindergarten program, whichever comes first, subject to paragraphs (1)-(3) of this subsection. The public school district where a student resides is responsible for providing special education and related services to a student whose parents choose dual enrollment.(1) The student's ARD committee shall develop an individualized education program (IEP) designed to provide the student with a FAPE in the least restrictive environment appropriate for the student.(2) From the IEP, the parent and the district shall determine which special education and/or related services will be provided to the student and the location where those services will be provided, based on the requirements concerning placement in the least restrictive environment set forth in 34 CFR, §§300.114-300.120, and the policies and procedures of the district.(3) For students served under the provisions of this subsection, the school district shall be responsible for the employment and supervision of the personnel providing the service, providing the needed instructional materials, and maintaining pupil accounting records. Materials and services provided shall be consistent with those provided for students enrolled only in the public school and shall remain the property of the school district.(d) Parents of an eligible student ages 3 or 4 who decline dual enrollment for their student may request a services plan as described in 34 CFR, §§300.130-300.144. The public school district where the private school is located is responsible for the development of a services plan, if the student is designated to receive services under 34 CFR, §300.132.(e) The school district shall provide special transportation with federal funds only when the ARD committee determines that the condition of the student warrants the service in order for the student to receive the special education and related services (if any) set forth in the IEP.(f) Complaints regarding the implementation of the components of the student's IEP that have been selected by the parent and the district under subsection (c) of this section may be filed with the Texas Education Agency under the procedures in 34 CFR, §§300.151-300.153. Additionally, parents may request mediation as outlined in 34 CFR, §300.506. The procedures in 34 CFR, §§300.300, 300.504, 300.507, 300.508, and 300.510-300.518 (relating to due process hearings) do not apply to complaints regarding the implementation of the components of the student's IEP that have been selected by the parent and the district under subsection (c).</content><note type="source"><p>Source Note: The provisions of this §89.1096 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective June 7, 2004, 29 TexReg 5608; amended to be effective November 11, 2007, 32 TexReg 8129.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1100"><num value="89.1100">§89.1100</num><heading>Memorandum of Understanding on Coordination of Services to Disabled Persons</heading><content>Clarification of financial and service responsibilities of the Texas Department of Human Services, the Texas Department of Health, the Texas Department of Mental Health and Mental Retardation, the Texas Rehabilitation Commission, the Texas Commission for the Blind, the Texas Commission for the Deaf, Texas Department of Protective and Regulatory Services, Texas Interagency Council on Early Childhood Intervention, and the Texas Education Agency related to disabled persons are contained in the Memorandum of Understanding on Coordination of Services to Disabled Persons, which is adopted by reference as a rule of the Texas Education Agency. The complete text of the memorandum of understanding may be found in the rules of the Texas Department of Human Services, 40 Texas Administrative Code (TAC) Chapter 72. A copy of the memorandum of understanding is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.</content><note type="source"><p>Source Note: The provisions of this §89.1100 adopted to be effective September 1, 1996, 21 TexReg 7240.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1115"><num value="89.1115">§89.1115</num><heading>Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities</heading><content>(a) Parties. The state agencies named in this subsection are parties to this memorandum of understanding (MOU) and will be collectively referred to as the "parties." The term "Health and Human Service (HHS) agencies" will refer to all parties except the Texas Education Agency, Texas Juvenile Probation Commission, and Texas Youth Commission.(1) Texas Education Agency (TEA);(2) Texas Department of Human Services (TDHS);(3) Texas Department of Mental Health and Mental Retardation (TDMHMR);(4) Texas Department of Health (TDH);(5) Texas Department of Protective and Regulatory Services (PRS);(6) Texas Interagency Council on Early Childhood Intervention (ECI);(7) Texas Commission on Alcohol and Drug Abuse (TCADA);(8) Texas Juvenile Probation Commission (TJPC); and(9) Texas Youth Commission (TYC).(b) Purpose. In accordance with Texas Education Code (TEC),§29.012(d), the purpose of this MOU is to:(1) establish the respective responsibilities of school districts and of residential facilities (RFs) for the provision of a free appropriate public education (FAPE), as required by the Individuals with Disabilities Education Act (IDEA)(20 USC §1400 et seq.) and its subsequent amendments, including each requirement for children with disabilities who reside in those facilities;(2) coordinate regulatory and planning functions of the parties;(3) establish criteria for determining when a public school will provide educational services;(4) provide for appropriate educational space when education services will be provided at the residential facility;(5) establish measures designed to ensure the safety of students and teachers; and(6) provide for binding arbitration consistent with Texas Government Code, Chapter 2009, and Civil Practice and Remedies Code, §154.027.(c) Definitions. The following words and terms, when used in this MOU, shall have the following meaning, unless the context clearly indicates otherwise.(1) Consistent with TEC, §5.001(8), "residential facility" (RF) means:(A) a facility operated by a state agency or political subdivision, including a child placement agency, that provides 24-hour custody or care of a person 22 years of age or younger, if the person resides in the facility for detention, treatment, foster care, or any non-educational purpose; and(B) any person or entity that contracts with or is funded, licensed, certified, or regulated by a state agency or political subdivision to provide custody or care for a person under subparagraph (A) of this paragraph. RFs include, but are not limited to:(i) child care facilities or institutions;(ii) independent foster group homes providing basic, therapeutic or rehabilitative services;(iii) independent foster family homes providing basic, therapeutic or rehabilitative services;(iv) agency foster family/group homes verified by a child placing agency licensed by PRS;(v) intermediate care facilities for the mentally retarded (ICFs-MR);(vi) psychiatric treatment centers;(vii) therapeutic camps or ranches;(viii) residential treatment centers licensed by PRS;(ix) nursing facilities;(x) TYC halfway houses and contract facilities;(xi) emergency shelters;(xii) hospitals;(xiii) juvenile pre-adjudication detention facilities;(xiv) juvenile post-adjudication secure correctional facilities;(xv) residential facilities funded and/or licensed by TCADA;(xvi) settings other than the student's natural or adoptive home in which residential services are provided in programs authorized by the Social Security Act, §1915(c); and(xvii) state hospitals, state schools, and state centers operated by TDMHMR.(2) "Student with a disability" means an individual who is eligible to receive special education and related services in accordance with IDEA and its implementing regulations, Code of Federal Regulations, Title 34, §§300.1 et seq., and state laws and rules, including, without limitation, TEC, Chapter 29, and Chapter 89 of this title (relating to Adaptations for Special Populations).(3) Consistent with 20 USC §1401(8), "free appropriate public education" (FAPE) means special education and related services that:(A) are provided at public expense, under public supervision and direction, and without charge;(B) meet the standards of TEA;(C) include preschool, elementary, or secondary school education; and(D) are provided in conformity with the student's individualized education program (IEP).(4) Consistent with 20 U. S. C. §1401(15), "local educational agency" (LEA) means any public authority, institution, or agency having administrative control and direction of a public elementary or secondary school, including a public charter school that is established as an LEA under state law.(d) Terms of MOU. The parties agree to the following terms:(1) The responsibilities of LEAs and RFs related to the provision of a FAPE to students with disabilities who reside in RFs are established as follows.(A) LEAs must provide or ensure the provision of a FAPE to students with disabilities residing in RFs in accordance with IDEA, applicable federal regulations, and state laws and rules.(i) Except as provided in paragraph (2) of this subsection, an LEA must provide or ensure the provision of a FAPE for a student with a disability residing in an RF located in the geographical area served by that LEA.(ii) If an LEA places a student with a disability in an RF for educational purposes, the placing LEA must provide or ensure the provision of a FAPE to the student.(B) Not later than the third day after the date a person 22 years of age or younger is placed in an RF, the RF must provide notification in accordance with TEC, §29.012(a), as follows:(i) if the person placed in the RF is three years of age or older, the RF must notify the LEA in which the RF is located, unless the RF is an open-enrollment charter school or the RF has been designated as an LEA (e.g., TYC correctional facilities, Texas School for the Deaf, the University of Texas Medical Branch); or(ii) if the person placed in the RF is younger than three years of age, the RF must notify a local early childhood intervention program in the area in which the RF is located.(2) Regulatory and planning functions of the parties are coordinated as follows.(A) The parties will require LEAs and RFs to:(i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:(I) birth certificate or other identifying document that proves the student's age;(II) medical history and medical records, including current immunization records and a history of infectious disease (e.g., Hepatitis B, tuberculosis), including a description of any behavioral characteristics related to the transmission of such disease;(III) social history;(IV) vision and hearing screening and evaluation;(V) evaluation reports, including psychological, educational, related service, assistive technology and vocational evaluations, and behavioral assessments;(VI) treatment plan of care or service;(VII) educational history (e.g., previous educational placement information);(VIII) any relevant court orders (e.g., orders related to placement in an RF, guardianship or conservatorship, or court-ordered services);(IX) information regarding a student's movement from an RF to a subsequent residence, including but not limited to the date the student left the RF and the location of the student's subsequent residence; and(X) name and phone number of contact persons representing the RF and the LEA; and(ii) coordinate a student's individualized education program (IEP) and treatment plan of care or service. Coordination between an LEA and RF includes but is not limited to communication about responsibilities and timelines related to the development and implementation of the IEP and treatment plan, including permanency planning.(B) TEA will require LEAs to provide:(i) the name and phone number of the contact person representing the RF to the surrogate parent, upon assignment of the surrogate parent;(ii) the name and phone number of the surrogate parent, upon assignment of the surrogate parent, to the contact person representing the RF; and(iii) designation and training of surrogate parents in accordance with §89.1047 of this title (relating to Procedures for Surrogate and Foster Parents).(C) TYC and the HHS agencies will provide the following notifications to TEA.(i) TYC and the HHS agencies, other than PRS, will notify TEA when an RF opens, closes, expands, or reduces its capacity to provide services, if the notifying agency expects such action will have a significant effect on one or more LEAs. The notice will be provided to TEA before the RF opens, closes, expands, or reduces its capacity to provide services, or as soon thereafter as the notifying agency becomes aware of the action. If an RF is closing, the notifying TYC or HHS agency will request that the RF attempt to obtain any consent necessary to release to TEA and an LEA, information about a student with a disability residing in the RF, including the student's name, date of birth, social security number, disability, and name of the LEA to which the student will be moving. TEA will notify the affected LEA of the expected action so the LEA can adjust its capacity to serve students with disabilities.(ii) PRS will provide TEA with a copy of the notice required by Texas Human Resources Code, §42.0461(a)(2). Additionally, PRS and TEA will explore possible use of PRS' Child Care Licensing Automation Support Services management system to generate information that may assist TEA in its effort to notify LEAs when an RF opens, closes, expands, or reduces its capacity to provide services.(3) Criteria for determining when a public school will provide educational services are established as follows.(A) TEA will ensure that the local school district provides a FAPE to all eligible students with disabilities, in the least restrictive environment (LRE), to the maximum extent appropriate, to meet the individual educational needs of the student as determined by a duly-constituted admission, review, and dismissal (ARD) committee, and in accordance with §89.1001 of this title (relating to Scope and Applicability).(B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.(4) When educational services will be provided at an RF, appropriate educational space will be determined as follows.(A) The ARD committee must determine whether space available at the RF is appropriate for the provision of a FAPE. This determination must be based on the individual student's needs and the RF's available space.(B) An ARD committee must find alternative locations for providing educational services if the ARD committee or RF determines that the RF has no appropriate available space.(5) Measures designed to ensure the safety of students and teachers are established as follows.(A) The parties will require RFs and LEAs to agree in writing to the staffing levels that will be maintained by both the RF and the LEA to ensure the safety of students and teachers while educational services are provided at an RF.(B) TYC, TJPC, and HHS agencies will require RFs to communicate to LEA staff applicable safety, emergency, and security procedures to be followed while educational services are provided at an RF.(6) Disputes concerning the implementation of this MOU will be resolved as follows.(A) Local disputes. Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:(i) the nature of the dispute;(ii) any resolutions agreed upon;(iii) the issues that remain unresolved; and(iv) the contact persons representing the disputing entities.(B) State agency disputes. Resolution of disputes concerning implementation of this MOU between two or more parties must first be attempted at the staff level. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing parties agree otherwise), the disputing parties will refer the dispute to their respective executive officers, or their designees for further negotiation. The appropriate state officials shall meet to seek resolution of the dispute.(i) Mediation. If the chief executive officers of the disputing parties determine that the dispute cannot be resolved at their level, the disputing parties may pursue resolution through the use of mediation pursuant to the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009.(ii) Arbitration. If the disputing parties do not agree to pursue resolution of their dispute through mediation, or if mediation does not result in a resolution of their dispute, the disputing parties will participate in binding arbitration consistent with Texas Government Code, Chapter 2009, and Texas Civil Practice and Remedies Code, §154.027.(7) Other terms of this MOU.(A) This MOU shall be signed by the executive officers of the participating agencies and shall be effective upon signature by all.(B) This MOU may be considered for expansion, modification, or amendment upon mutual agreement of the executive officers of the participating agencies.(C) In the event that federal and/or state laws should be amended, federally interpreted, or judicially interpreted so as to render continued implementation of this MOU unreasonable or impossible, the participating agencies may agree to amend or terminate this MOU.</content><note type="source"><p>Source Note: The provisions of this §89.1115 adopted to be effective August 6, 2002, 27 TexReg 6851.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1121"><num value="89.1121">§89.1121</num><heading>Distribution of State Funds</heading><content>(a) Procedures for counting the average daily attendance (ADA) of students receiving special education services in various instructional settings must be developed by the commissioner of education and included in the student attendance accounting handbook adopted under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook).(b) State special education funds must be distributed to school districts on the basis of ADA of full-time equivalents of eligible students served in accordance with §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes).(c) The special education attendance must be converted to contact hours by instructional arrangement and then to full-time equivalents. The full-time equivalent for each instructional arrangement is multiplied by the annual amount equal to the basic allotment or, if applicable, the sum of the basic allotment and the allotment under Texas Education Code (TEC), §48.101, and then multiplied by the weight for the instructional arrangement as prescribed in TEC, §48.102(a). Contact hours for any one student receiving special education services may not exceed six hours per day or 30 hours per week for funding purposes. The total contact hours generated per week is divided by 30 to determine the full-time equivalents. Special education full-time equivalents generated are deducted from the school district's ADA for purposes of the regular education allotment.(d) The receipt of special education funds is contingent upon the operation of an approved comprehensive special education program in accordance with state and federal laws and regulations. No district may divert special education funds for other purposes, with the exception of administrative costs as defined in Chapter 105, Subchapter B, of this title (relating to Use of State Funds). Funds generated by full-time equivalents in one instructional arrangement may be spent on the overall special education program and are not limited to the instructional arrangement which generated the funds. The district must maintain separate accountability for the total state special education program fund within the general fund.(e) A special education fund balance may be carried over to the next fiscal year but must be expended on the special education program in the subsequent year. State special education carryover funds cannot be used for administrative costs.(f) Students who are at least three, but younger than 22, years of age on September 1 of the current scholastic year who participate in the regional day school program for the deaf may be counted as part of the district's ADA if they receive instruction from the basic program for at least 50% of the school day.(g) Students from birth through age two with a visual impairment, who are deaf or hard of hearing, or both who are provided services by the district according to an individual family services plan (IFSP) must be enrolled on the district home or regional day school campus and must be considered eligible for ADA on the same basis as other students receiving special education services.(h) Funding for the mainstream special education instructional arrangement must be based on the average daily attendance of the students in the arrangement multiplied by the annual amount equal to the basic allotment or, if applicable, the sum of the basic allotment and the allotment under TEC, §48.101, and the 1.15 weight as provided by TEC, §48.102(a). The attendance must not be converted to contact hours/full-time equivalents as with the other instructional arrangements.</content><note type="source"><p>Source Note: The provisions of this §89.1121 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective October 5, 2021, 46 TexReg 6533.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1125"><num value="89.1125">§89.1125</num><heading>Allowable Expenditures of State Special Education Funds</heading><content>(a) Persons paid from special education funds shall be assigned to instructional or other duties in the special education program and/or to provide support services to the regular education program in order for students with disabilities to be included in the regular program. Support services shall include, but not be limited to, collaborative planning, co-teaching, small group instruction with special and regular education students, direct instruction to special education students, or other support services determined necessary by the admission, review, and dismissal (ARD) committee for an appropriate program for the student with disabilities. Assignments may include duties supportive to school operations equivalent to those assigned to regular education personnel.(b) Personnel assigned to provide support services to the regular education program as stated in subsection (a) of this section may be fully funded from special education funds.(c) If personnel are assigned to special education on less than a full-time basis, except as stated in subsection (a) of this section, only that portion of time for which the personnel are assigned to students with disabilities shall be paid from state special education funds.(d) State special education funds may be used for special materials, supplies, and equipment which are directly related to the development and implementation of individualized education programs (IEPs) of students and which are not ordinarily purchased for the regular classroom. Office and routine classroom supplies are not allowable. Special equipment may include instructional and assistive technology devices, audiovisual equipment, computers for instruction or assessment purposes, and assessment equipment only if used directly with students.(e) State special education funds may be used to contract with consultants to provide staff development, program planning and evaluation, instructional services, assessments, and related services to students with disabilities.(f) State special education funds may be used for transportation only to and from residential placements. Prior to using federal funds for transportation costs to and from a residential facility, a district must use state or local funds based on actual expenses up to the state transportation maximum for private transportation contracts.(g) State special education funds may be used to pay staff travel to perform services directly related to the education of eligible students with disabilities. Funds may also be used to pay travel of staff (including administrators, general education teachers, and special education teachers and service providers) to attend staff development meetings for the purpose of improving performance in assigned positions directly related to the education of eligible students with disabilities. In no event shall the purpose for attending such staff development meetings include time spent in performing functions relating to the operation of professional organizations. Funds may also be used to pay for the joint training of parents and special education, related services, and general education personnel.</content><note type="source"><p>Source Note: The provisions of this §89.1125 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1131"><num value="89.1131">§89.1131</num><heading>Qualifications of Special Education, Related Service, and Paraprofessional Personnel</heading><content>(a) All special education and related service personnel must be certified, endorsed, or licensed in the area or areas of assignment in accordance with 34 Code of Federal Regulations, §300.156; the Texas Education Code (TEC), §§21.002, 21.003, and 29.304; or appropriate state agency credentials.(b) In accordance with TEC, §29.0032, a provider of dyslexia instruction is not required to be certified in special education unless the provider is employed in a special education position that requires the certification.(c) A teacher who holds a special education certificate or an endorsement may be assigned to any level of a basic special education instructional program serving eligible students 3-21 years of age, as defined in §89.1035(a) of this title (relating to Age Ranges for Student Eligibility), in accordance with the limitation of their certification, except for the following.(1) Persons assigned to provide speech therapy instructional services must hold a valid Texas Education Agency certificate in speech and hearing therapy or speech and language therapy, or a valid state license as a speech/language pathologist.(2) Teachers certified in the education of students with visual impairments must be available to students with visual impairments, including deaf-blindness, through one of the school district's instructional options, a shared services arrangement with other school districts, or an education service center.(3) Teachers certified in the education of students who are deaf or hard of hearing must be available to students who are deaf or hard of hearing, including deaf-blindness, through one of the school district's instructional options, a regional day school program for the deaf, or a shared services arrangement with other school districts.(4) The following provisions apply to physical education when an admission, review, and dismissal (ARD) committee has determined that a student requires specially designed instruction in physical education.(A) When the ARD committee has made the determination and the arrangements are specified in the student's individualized education program, physical education may be provided by those authorized under §231.703 of this title (relating to Teacher of Adaptive Physical Education) and the following personnel:(i) special education instructional or related service personnel who have the necessary skills and knowledge;(ii) physical education teachers;(iii) occupational therapists;(iv) physical therapists; or(v) occupational therapy assistants or physical therapist assistants working under supervision in accordance with the standards of their profession.(B) When these services are provided by special education personnel, the district must document that they have the necessary skills and knowledge. Documentation may include, but need not be limited to, inservice records, evidence of attendance at seminars or workshops, or transcripts of college courses.(5) Teachers assigned full-time or part-time to instruction of students from birth through age two with visual impairments, including deaf-blindness, must be certified in the education of students with visual impairments. Teachers assigned full-time or part-time to instruction of students from birth through age two who are deaf or hard of hearing, including deaf-blindness, must be certified in education for students who are deaf and hard of hearing.(d) Paraprofessional personnel working as educational aides must be certified and may be assigned to work with eligible students, general and special education teachers, and related service personnel. Educational aides may also be assigned to assist students with special education transportation, serve as a job coach, or serve in support of community-based instruction. Educational aides paid from state administrative funds may be assigned to special education clerical or administrative duties.(e) Interpreting services for students who are deaf must be provided by an interpreter who is certified in the appropriate language mode(s), if certification in such mode(s) is available. If certification is available, the interpreter must be a certified member of or certified by the Registry of Interpreters for the Deaf or the Texas Board for Evaluation of Interpreters.(f) Orientation and mobility instruction must be provided by a certified orientation and mobility specialist who is certified by the Academy for Certification of Vision Rehabilitation and Education Professionals.</content><note type="source"><p>Source Note: The provisions of this §89.1131 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective August 1, 2002, 27 TexReg 3061; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective October 5, 2021, 46 TexReg 6533; amended to be effective July 30, 2024, 49 TexReg 5507.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1141"><num value="89.1141">§89.1141</num><heading>Education Service Center Regional Special Education Leadership</heading><content>Each regional education service center will provide leadership, training, and technical assistance in the area of special education for students with disabilities in accordance with the Texas Education Agency's (TEA''s) focus on increasing student achievement and Texas Education Code, §8.051(d)(2) and (5), and will assist TEA in the implementation of 34 Code of Federal Regulations, §300.119.</content><note type="source"><p>Source Note: The provisions of this §89.1141 adopted to be effective August 1, 2002, 27 TexReg 3061; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective July 23, 2024, 49 TexReg 5347.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1150"><num value="89.1150">§89.1150</num><heading>General Provisions</heading><content>(a) It is the policy and intent of the Texas Education Agency (TEA) to encourage and support the resolution of any dispute that arises between a parent and a public education agency relating to the identification, evaluation, or educational placement of or the provision of a free appropriate public education (FAPE) to a student with a disability at the lowest level possible and in a prompt, efficient, and effective manner.(b) The possible options for resolving disputes include, but are not limited to:(1) meetings of the student's admission, review, and dismissal committee, including individualized education program (IEP) facilitation if offered by the public education agency in accordance with §89.1196 of this title (relating to Individualized Education Program Facilitation);(2) meetings or conferences with the student's teachers;(3) meetings or conferences, subject to the public education agency's policies, with the campus administrator, the special education director of the public education agency (or the shared services arrangement to which the public education agency may be a member), the superintendent of the public education agency, or the board of trustees of the public education agency;(4) requesting state IEP facilitation in accordance with §89.1197 of this title (relating to State Individualized Education Program Facilitation);(5) requesting mediation through the TEA in accordance with 34 Code of Federal Regulations (CFR), §300.506;(6) filing a complaint with the TEA in accordance with 34 CFR, §300.153; or(7) requesting a due process hearing through the TEA in accordance with 34 CFR, §§300.507-300.514.</content><note type="source"><p>Source Note: The provisions of this §89.1150 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective January 1, 2015, 39 TexReg 10446.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1151"><num value="89.1151">§89.1151</num><heading>Special Education Due Process Hearings</heading><content>(a) A parent or public education agency may initiate a due process hearing as provided in 34 Code of Federal Regulations (CFR), §300.507 and §300.508.(b) The Texas Education Agency will implement a one-tier system of hearings. The proceedings in hearings will be governed by the provisions of 34 CFR, §§300.507-300.515 and 300.532, if applicable, and this division.(c) Beginning September 1, 2022, a parent or public education agency must request a hearing within two years of the date the parent or public education agency knew or should have known about the alleged action that serves as the basis for the request, unless tolled pursuant to 50 USC, §3936, as set forth in subsection (e) of this section. Prior to September 1, 2022, a parent or public education agency must request a hearing within one year of the date the parent or public education agency knew or should have known about the alleged action that serves as the basis for the request, unless tolled pursuant to 50 USC, §3936, as set forth in subsection (e) of this section.(d) The timeline described in subsection (c) of this section does not apply to a parent if the parent was prevented from filing a request for a due process hearing due to:(1) specific misrepresentations by the public education agency that it had resolved the problem forming the basis of the request for a hearing; or(2) the public education agency's withholding of information from the parent that was required by 34 CFR, §300.1, et seq. to be provided to the parent.(e) TEA will include in the Notice of Procedural Safeguards a statement that the statute of limitations for the parent of a student to request an impartial due process hearing under 20 USC, §1415(b), may be tolled if:(1) the parent is an active-duty member of the armed forces, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the United States Public Health Service; and(2) 50 USC, §3936, applies to the parent.</content><note type="source"><p>Source Note: The provisions of this §89.1151 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective December 30, 2001, 26 TexReg 10536; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760; amended to be effective February 15, 2018, 43 TexReg 766; amended to be effective June 7, 2022, 47 TexReg 3248.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1165"><num value="89.1165">§89.1165</num><heading>Request for Special Education Due Process Hearing</heading><content>(a) A request for a due process hearing (due process complaint) must be in writing and must be filed with the Texas Education Agency (TEA) by electronic mail, mail, hand-delivery, or facsimile.(b) The party filing a request for a hearing must forward a copy of the request to the non-filing party at the same time that the request is filed with the TEA. The timelines applicable to hearings will commence the calendar day after the non-filing party receives the request. Unless rebutted, it will be presumed that the non-filing party received the request on the date it is sent to the parties by the TEA.(c) The request for a hearing must include:(1) the name of the child;(2) the address of the residence of the child;(3) the name of the school the child is attending;(4) in the case of a homeless child or youth (within the meaning of §725(2) of the McKinney-Vento Homeless Assistance Act (42 United States Code §11434a(2)), available contact information for the child, and the name of the school the child is attending;(5) a description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and(6) a proposed resolution of the problem to the extent known and available to the party at the time.(d) A party may not have a hearing until the party files a request for a hearing that meets the requirements of subsection (c) of this section.(e) The TEA has developed a model form that may be used by parents and public education agencies to request a hearing. The form is available on request from the TEA and on the TEA website.</content><note type="source"><p>Source Note: The provisions of this §89.1165 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760; amended to be effective March 14, 2021, 46 TexReg 1466.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1170"><num value="89.1170">§89.1170</num><heading>Impartial Hearing Officer</heading><content>(a) The Texas Education Agency (TEA) will maintain a pool of impartial hearing officers to conduct due process hearings. The TEA will assign cases to hearing officers who are private practice attorneys based on an alphabetical rotation. The TEA will assign cases to hearing officers who are employed by the State Office of Administrative Hearings (SOAH) in accordance with the procedures specified in the interagency contract between the TEA and SOAH. If, however, a request for a hearing relates to the same student who was involved in another hearing that was filed within the last 12 months, the TEA may assign the recently filed hearing request to the same hearing officer who presided over the previous hearing. In addition, the same hearing officer may be assigned to hearings involving siblings that are filed within 12 months of each other.(b) If a hearing officer is also a mediator under §89.1193 of this title (relating to Special Education Mediation), that individual will not be assigned as hearing officer if he or she is the mediator in a pending mediation involving the same student who is the subject of the hearing or was the mediator in a previous mediation involving the student who is the subject of the hearing.(c) A hearing officer must possess the knowledge and abilities described in 34 Code of Federal Regulations, §300.511(c), and must not be:(1) an employee of the TEA or the public agency that is involved in the education or care of the child who is the subject of the hearing; or(2) a person having a personal or professional interest that conflicts with the person's objectivity in the hearing.(d) A hearing officer is not an employee of the TEA solely because the individual is paid by the TEA to serve as a hearing officer.(e) A hearing officer has the authority to administer oaths; call and examine witnesses; rule on motions, including discovery and dispositive motions; determine admissibility of evidence and amendments to pleadings; maintain decorum; schedule and recess the proceedings from day to day; and make any other orders as justice requires, including the application of sanctions as necessary to maintain an orderly hearing process.(f) If a hearing officer is removed, dies, becomes disabled, or withdraws from a hearing before the completion of duties, the TEA will designate a substitute hearing officer to complete the performance of duties without the necessity of repeating any previous proceedings.(g) A party to a hearing who has grounds to believe that the assigned hearing officer cannot afford the party a fair and impartial hearing due to bias, prejudice, or a conflict of interest may file a written request with the assigned hearing officer asking that the hearing officer recuse himself or herself from presiding over the hearing. Any such written request must state the grounds for the request and the facts upon which the request is based. Upon receipt of a request, the assigned hearing officer must review the request and determine the sufficiency of the grounds stated in the request. The hearing officer then must prepare a written order concerning the request and serve the order on the parties to the hearing within three business days of receiving the request. If the hearing officer finds that the grounds for recusal are insufficient, the TEA will assign a second hearing officer to review the request. The second hearing officer must rule on the request and serve a written order on the parties to the hearing within three business days of receiving the assignment. If the second hearing officer also determines that the grounds for recusal are insufficient, the assigned hearing officer will continue to preside over the hearing. If either the assigned hearing officer or the second hearing officer finds that the grounds for recusal are sufficient, the TEA will assign another hearing officer to preside over the remainder of the proceedings in accordance with the procedures in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §89.1170 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective December 2, 2015, 40 TexReg 8642; amended to be effective February 15, 2018, 43 TexReg 766.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1175"><num value="89.1175">§89.1175</num><heading>Representation in Special Education Due Process Hearings</heading><content>(a) A party to a due process hearing may represent himself or herself or be represented by:(1) an attorney who is licensed in the State of Texas; or(2) an individual who is not an attorney licensed in the State of Texas but who has special knowledge or training with respect to problems of children with disabilities and who satisfies the qualifications of this section.(b) A party who wishes to be represented by an individual who is not an attorney licensed in the State of Texas must file a written authorization with the hearing officer promptly after filing the request for a due process hearing or promptly after retaining the services of the non-attorney representative. The party must forward a copy of the written authorization to the opposing party at the same time that the written authorization is filed with the hearing officer.(c) The written authorization must be on the form provided in this subsection.Attached Graphic(d) The written authorization must include the non-attorney representative's name and contact information and a description of the non-attorney representative's:(1) special knowledge or training with respect to problems of children with disabilities;(2) knowledge of the rules and procedures that apply to due process hearings, including those in 34 Code of Federal Regulations, §§300.507-300.515 and 300.532, if applicable, and this division; (3) knowledge of federal and state special education laws, regulations, and rules; and(4) educational background.(e) The written authorization must state the party's acknowledgment of the following:(1) the non-attorney representative has been given full authority to act on the party's behalf with respect to the hearing;(2) the actions or omissions by the non-attorney representative are binding on the party, as if the party had taken or omitted those actions directly;(3) documents are deemed to be served on the party if served on the non-attorney representative;(4) communications between the party and a non-attorney representative are not generally protected by the attorney-client privilege and may be subject to disclosure during the hearing proceeding; (5) neither federal nor state special education laws provide for the recovery of fees for the services of a non-attorney representative; and(6) it is the party's responsibility to notify the hearing officer and the opposing party of any change in the status of the authorization and that the provisions of the authorization will remain in effect until the party notifies the hearing officer and the opposing party of the party's revocation of the authorization.(f) If the non-attorney representative receives monetary compensation in exchange for representing the party in the due process hearing, the written authorization must affirm the following:(1) the non-attorney representative has agreed to abide by a voluntary code of ethics and professional conduct during the period of representation; and(2) the non-attorney representative and the party have entered into a confidential, written representation agreement that includes a process for resolving any disputes that may arise between the non-attorney representative and the party.(g) The written authorization must be signed and dated by the party.(h) An individual is prohibited from being a party's representative under subsection (a)(2) of this section if the individual has prior employment experience with the school district and the school district raises an objection to the individual serving as a representative based on the individual's prior employment experience. No other objections to a party's representation by a non-attorney are permitted under this section.(i) Upon receipt of a written authorization filed under this section, the hearing officer must promptly determine whether the non-attorney representative is qualified and meets the requirements to represent the party in the hearing and must notify the parties in writing of the determination. A hearing officer's determination is final and not subject to review or appeal.(j) A non-attorney representative may not file pleadings or other documents on behalf of a party, present statements and arguments on behalf of a party, examine and cross-examine witnesses, offer and introduce evidence, object to the introduction of evidence and testimony, or engage in other activities in a representative capacity unless the hearing officer has reviewed a written authorization filed under this section and determined that the non-attorney representative is qualified to represent the party in the hearing.(k) In accordance with the Texas Education Code, §38.022, a school district may require an attorney or a non-attorney representative who enters a school campus to display his or her driver's license or another form of government-issued identification. A school district may also verify whether the representative is a registered sex offender and may apply a policy adopted by its board of trustees regarding the action to be taken when a visitor to a school campus is identified as a sex offender.</content><note type="source"><p>Source Note: The provisions of this §89.1175 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760; amended to be effective February 15, 2018, 43 TexReg 766.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1180"><num value="89.1180">§89.1180</num><heading>Prehearing Procedures</heading><content>(a) Promptly upon being assigned to a due process hearing, the hearing officer will forward to the parties a scheduling order which sets the time, date, and location of the hearing and contains the timelines for the following actions, as applicable:(1) Response to Request for a Due Process Hearing (34 Code of Federal Regulations (CFR), §300.508(f));(2) Resolution Meeting (34 CFR, §300.510(a));(3) Contesting Sufficiency of the Request for a Hearing (34 CFR, §300.508(d));(4) Resolution Period (34 CFR, §300.510(b));(5) Five-Business Day Disclosure (34 CFR, §300.512(a)(3)); and(6) the date by which the final decision of the hearing officer must be issued (34 CFR, §300.515 and §300.532(c)(2)).(b) The hearing officer must schedule a prehearing conference to be held at a time reasonably convenient to the parties to the hearing. The prehearing conference must be held by telephone unless the hearing officer determines that circumstances require an in-person conference.(c) The prehearing conference must be recorded and transcribed by a court reporter, who will promptly prepare a transcript of the prehearing conference for the hearing officer with copies to each of the parties.(d) The purpose of the prehearing conference will be to consider any of the following:(1) specifying issues as set forth in the request for a hearing;(2) admitting certain assertions of fact or stipulations;(3) establishing any limitations on the number of witnesses and the time allotted for presenting each party's case; and/or(4) discussing other matters which may aid in simplifying the proceeding or disposing of matters in controversy, including settling matters in dispute.(e) Promptly upon the conclusion of the prehearing conference, the hearing officer will issue and deliver to the parties a written prehearing order which confirms and/or identifies:(1) the time, place, and date of the hearing;(2) the issues to be adjudicated at the hearing;(3) the relief being sought at the hearing;(4) the deadline for disclosure of evidence and identification of witnesses, which must be at least five business days prior to the scheduled date of the hearing (hereinafter referred to as the "Disclosure Deadline");(5) the date by which the final decision of the hearing officer must be issued; and(6) other information determined to be relevant by the hearing officer.(f) No pleadings, other than the request for a hearing, and the response to the request for a hearing, if applicable, are mandatory, unless ordered by the hearing officer. Any pleadings after the request for a hearing must be filed with the hearing officer. Copies of all pleadings must be sent to all parties of record in the hearing and to the hearing officer. If a party is represented by an attorney or a non-attorney determined by the hearing officer to be qualified to represent the party, all copies must be sent to the attorney of record or non-attorney representative, as applicable. Facsimile copies may be substituted for copies sent by other means. An affirmative statement that a copy of the pleading has been sent to all parties and the hearing officer is sufficient to indicate compliance with this subsection.(g) Discovery methods are limited to those specified in the Administrative Procedure Act (APA), Texas Government Code, Chapter 2001, and may be further limited by order of the hearing officer. Upon a party's request to the hearing officer, the hearing officer may issue subpoenas and commissions to take depositions under the APA. Subpoenas and commissions to take depositions must be issued in the name of the Texas Education Agency.(h) On or before the Disclosure Deadline (which must be at least five business days prior to a scheduled hearing), each party must disclose and provide to all other parties and the hearing officer copies of all evidence (including, without limitation, all evaluations completed by that date and recommendations based on those evaluations) that the party intends to use at the hearing. An index of the documents disclosed must be included with and accompany the documents. Each party must also include with the documents disclosed a list of all witnesses (including their names, addresses, phone numbers, and professions) that the party anticipates calling to testify at the hearing.(i) A party may request a dismissal or nonsuit of a hearing to the same extent that a plaintiff may dismiss or nonsuit a case under the Texas Rules of Civil Procedure, Rule 162. However, if a party requests a dismissal or nonsuit of a hearing after the Disclosure Deadline has passed and, at any time within one year thereafter requests a subsequent hearing involving the same or substantially similar issues as those alleged in the original hearing, then, absent good cause or unless the parties agree otherwise, only evidence disclosed and witnesses identified by the Disclosure Deadline in the original hearing may be introduced at the subsequent hearing.</content><note type="source"><p>Source Note: The provisions of this §89.1180 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1183"><num value="89.1183">§89.1183</num><heading>Resolution Process</heading><content>(a) Within 15 calendar days of receiving notice of the parent's request for a due process hearing, the public education agency must convene a resolution meeting with the parent and the relevant members of the admission, review, and dismissal committee who have specific knowledge of the facts identified in the request. The resolution meeting:(1) must include a representative of the public education agency who has decision-making authority on behalf of the public education agency; and(2) may not include an attorney of the public education agency unless the parent is accompanied by an attorney.(b) The purpose of the resolution meeting is for the parent of the child to discuss the hearing issues and the facts that form the basis of the request for a hearing so that the public education agency has the opportunity to resolve the dispute.(c) The resolution meeting described in subsections (a) and (b) of this section need not be held if:(1) the parent and the public education agency agree in writing to waive the meeting; or(2) the parent and the public education agency agree to use the mediation process described in §89.1193 of this title (relating to Special Education Mediation).(d) The parent and the public education agency determine the relevant members of the admission, review, and dismissal committee to attend the resolution meeting.(e) The parties may enter into a confidentiality agreement as part of their resolution agreement. There is nothing in this division, however, that requires the participants in a resolution meeting to keep the discussion confidential or make a confidentiality agreement a condition of a parent's participation in the resolution meeting.(f) If the public education agency has not resolved the hearing issues to the satisfaction of the parent within 30 calendar days of the receipt of the request for a hearing, the hearing may occur.(g) Except as provided in subsection (k) of this section, the timeline for issuing a final decision begins at the expiration of this 30-day resolution period.(h) Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding subsections (f) and (g) of this section, the failure of the parent filing a request for a hearing to participate in the resolution meeting delays the timelines for the resolution process and the hearing until the meeting is held.(i) If the public education agency is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented in accordance with the procedures in 34 Code of Federal Regulations, §300.322(d)), the public education agency may at the conclusion of the 30-day resolution period, request that a hearing officer dismiss the parent's request for a hearing.(j) If the public education agency fails to hold the resolution meeting within 15 calendar days of receiving the parent's request for a hearing or fails to participate in the resolution meeting, the parent may seek the intervention of the hearing officer to begin the hearing timeline.(k) Notwithstanding subsections (f) and (g) of this section, the timeline for issuing a final decision starts the calendar day after one of the following events:(1) both parties agree in writing to waive the resolution meeting;(2) after either the mediation or resolution meeting starts but before the end of the 30-day resolution period, the parties agree in writing that no agreement is possible; or(3) if both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later the parent or public education agency withdraws from the mediation process.(l) If a resolution to the dispute is reached at the resolution meeting, the parties must execute a legally binding agreement that is:(1) signed by both the parent and a representative of the public education agency who has the authority to bind the public education agency; and(2) enforceable in any state or federal court of competent jurisdiction.(m) If the parties execute an agreement pursuant to subsection (l) of this section, a party may void the agreement within three business days of the agreement's execution.</content><note type="source"><p>Source Note: The provisions of this §89.1183 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1185"><num value="89.1185">§89.1185</num><heading>Hearing Procedures</heading><content>(a) The hearing officer must afford the parties an opportunity for hearing within the timelines set forth in 34 Code of Federal Regulations (CFR), §300.515 and §300.532, as applicable, unless the hearing officer, at the request of either party, grants an extension of time, except that the timelines for expedited hearings cannot be extended.(b) Each hearing must be conducted at a time and place that are reasonably convenient to the parents and child involved.(c) All persons in attendance must comport themselves with the same dignity, courtesy, and respect required by the district courts of the State of Texas. All argument must be made to the hearing officer alone.(d) Except as modified or limited by the provisions of 34 CFR, §§300.507-300.514 or 300.532, or this division, the Texas Rules of Civil Procedure will govern the proceedings at the hearing and the Texas Rules of Evidence will govern evidentiary issues.(e) Before a document may be offered or admitted into evidence, the document must be identified as an exhibit of the party offering the document. All pages within the exhibit must be numbered, and all personally identifiable information concerning any student who is not the subject of the hearing must be redacted from the exhibit.(f) The hearing officer may set reasonable time limits for presenting evidence at the hearing.(g) Upon request, the hearing officer, at his or her discretion, may permit testimony to be received by telephone.(h) Granting of a motion to exclude witnesses from the hearing room will be at the hearing officer's discretion.(i) Hearings conducted under this division must be closed to the public, unless the parent requests that the hearing be open.(j) The hearing must be recorded and transcribed by a court reporter, who will promptly prepare and transmit a transcript of the evidence to the hearing officer with copies to each of the parties.(k) Filing of post-hearing briefs will be permitted only upon order of the hearing officer.(l) The hearing officer must issue a final decision, signed and dated, no later than 45 calendar days after the expiration of the 30-day resolution period under 34 CFR, §300.510(b), and §89.1183 of this title (relating to Resolution Process) or the adjusted time periods described in 34 CFR, §300.510(c), and §89.1183 of this title after a request for a due process hearing is received by the Texas Education Agency (TEA), unless the deadline for a final decision has been extended by the hearing officer as provided in §89.1186 of this title (relating to Extensions of Time). A final decision must be in writing and must include findings of fact and conclusions of law separately stated. Findings of fact must be based exclusively on the evidence presented at the hearing. The final decision must be mailed to each party by the hearing officer on the day that the decision is issued. The hearing officer, at his or her discretion, may render his or her decision following the conclusion of the hearing, to be followed by written findings of fact and written decision.(m) At the request of either party, the hearing officer must include, in the final decision, specific findings of fact regarding the following issues:(1) whether the parent or the public education agency unreasonably protracted the final resolution of the issues in controversy in the hearing; and(2) if the parent was represented by an attorney, whether the parent's attorney provided the public education agency the appropriate information in the request for a hearing in accordance with 34 CFR, §300.508(b).(n) The decision issued by the hearing officer is final, except that any party aggrieved by the findings and decision made by the hearing officer, or the performance thereof by any other party, may bring a civil action with respect to the issues presented at the hearing in any state court of competent jurisdiction or in a district court of the United States, as provided in 34 CFR, §300.516.(o) A public education agency must implement any decision of the hearing officer that is, at least in part, adverse to the public education agency within the timeframe prescribed by the hearing officer or, if there is no timeframe prescribed by the hearing officer, within ten school days after the date the decision was rendered. In accordance with 34 CFR, §300.518(d), a public education agency must implement a hearing officer's decision during the pendency of an appeal, except that the public education agency may withhold reimbursement for past expenses ordered by the hearing officer.(p) In accordance with 34 CFR, §300.152(c)(3), a parent may file a complaint with the TEA alleging that a public education agency has failed to implement a hearing officer's decision.</content><note type="source"><p>Source Note: The provisions of this §89.1185 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective December 30, 2001, 26 TexReg 10536; amended to be effective November 16, 2003, 28 TexReg 9830; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1186"><num value="89.1186">§89.1186</num><heading>Extensions of Time</heading><content>(a) A hearing officer may grant extensions of time for good cause beyond the time period specified in §89.1185(l) of this title (relating to Hearing Procedures) at the request of either party. A hearing officer must not solicit extension requests, grant extensions on his or her own behalf, or unilaterally issue extensions for any reason. Any extension must be granted to a specific date, and the reason for the extension must be documented in a written order of the hearing officer and provided to each of the parties.(b) A hearing officer may grant a request for an extension only after fully considering the cumulative impact of the following factors:(1) whether the delay will positively contribute to, or adversely affect, the child's educational interest or well-being;(2) the need of a party for additional time to prepare or present the party's position at the hearing;(3) any adverse financial or other detrimental consequences likely to be suffered by a party in the event of delay; and(4) whether there has already been a delay in the proceeding through the actions of one of the parties.</content><note type="source"><p>Source Note: The provisions of this §89.1186 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1191"><num value="89.1191">§89.1191</num><heading>Special Rule for Expedited Due Process Hearings</heading><content>A parent who disagrees with any decision regarding a child's placement under 34 Code of Federal Regulations (CFR), §300.530 and §300.531, or a manifestation determination under 34 CFR, §300.530(e), or a school district that believes that maintaining the current placement of a child is substantially likely to result in injury to the child or others, may appeal the decision by requesting an expedited due process hearing under 34 CFR, §300.532. An expedited due process hearing will be governed by the same procedural rules as are applicable to due process hearings generally, except that:(1) the hearing must occur within 20 school days of the date the request for a due process hearing is filed;(2) the hearing officer must make a decision within 10 school days after the hearing;(3) unless the parents and the school district agree in writing to waive the resolution meeting required by 34 CFR, §300.532(c)(3)(i), or to use the mediation process described in 34 CFR, §300.506, the resolution meeting must occur within seven calendar days of the receipt of the request for a hearing;(4) the hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of the receipt of the request for a hearing;(5) the hearing officer must not grant any extensions of time or grant permission for the hearing to proceed under the timelines that apply to hearings involving non-disciplinary matters; and(6) the provisions in 34 CFR, §300.508(d), do not apply.</content><note type="source"><p>Source Note: The provisions of this §89.1191 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1192"><num value="89.1192">§89.1192</num><heading>Attorneys' Fees</heading><content>In an action or proceeding brought under this division, a court, in its discretion, may award reasonable attorneys' fees to the prevailing party under the circumstances described in 34 Code of Federal Regulations, §300.517.</content><note type="source"><p>Source Note: The provisions of this §89.1192 adopted to be effective March 1, 2017, 42 TexReg 760.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1193"><num value="89.1193">§89.1193</num><heading>Special Education Mediation</heading><content>(a) In accordance with 34 Code of Federal Regulations (CFR), §300.506, the Texas Education Agency (TEA) has established a mediation process to provide parents and public education agencies with an opportunity to resolve disputes involving any matter arising under Part B of the Individuals with Disabilities Education Act (IDEA) or 34 CFR, §300.1 et seq. Mediation is available to resolve these disputes at any time.(b) The mediation procedures must ensure that the process is:(1) voluntary on the part of the parties;(2) not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under Part B of the IDEA; and(3) conducted by a qualified and impartial mediator who is trained in effective mediation techniques and who is knowledgeable in laws and regulations relating to the provision of special education and related services.(c) A request for mediation must be in writing and must be filed with the TEA by electronic mail, mail, hand-delivery, or facsimile. The TEA has developed a form that may be used by parties requesting mediation. The form is available on request from the TEA and is also available on the TEA website.(d) The TEA will maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.(e) An individual who serves as a mediator:(1) must not be an employee of the TEA or the public education agency that is involved in the education or care of the child who is the subject of the mediation process;(2) must not have a personal or professional conflict of interest, including relationships or contracts with schools or parents outside of mediations assigned by the TEA; and(3) is not an employee of the TEA solely because the individual is paid by the TEA to serve as a mediator.(f) The TEA will select mediators on a random, rotational, or other impartial basis. Selecting mediators on an impartial basis includes permitting the parties involved in a dispute to agree on a mediator from the TEA's list of mediators. If the parties agree to a mediator, they must advise the TEA of the desired mediator. The TEA will provide the parties with written notice of the specific mediator assigned to conduct the mediation. The parties must not contact a mediator on the TEA's list of mediators until the TEA has provided the parties with the written notice of the mediator assignment.(g) If a mediator is also a hearing officer under §89.1170 of this title (relating to Impartial Hearing Officer), that individual may not serve as a mediator if he or she is the hearing officer in a pending due process hearing involving the same student who is the subject of the mediation process or was the hearing officer in a previous due process hearing involving the student who is the subject of the mediation process.(h) The TEA will bear the cost of the mediation process.(i) A mediation session must be scheduled in a timely manner and held in a location that is convenient to the parties.(j) If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that:(1) states that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and(2) is signed by both the parent and a representative of the public education agency who has the authority to bind the public education agency.(k) A written, signed mediation agreement under subsection (j) of this section is enforceable in any state or federal court of competent jurisdiction.(l) Discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings of any state or federal court.</content><note type="source"><p>Source Note: The provisions of this §89.1193 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760; amended to be effective March 14, 2021, 46 TexReg 1466.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1195"><num value="89.1195">§89.1195</num><heading>Special Education Complaint Resolution</heading><content>(a) In accordance with 34 Code of Federal Regulations (CFR), §300.151, the Texas Education Agency (TEA) has established a complaint resolution process that provides for the investigation and issuance of findings regarding alleged violations of Part B of the Individuals with Disabilities Education Act (IDEA) or a state special education statute or administrative rule.(b) A complaint may be filed with the TEA by any individual or organization and must:(1) be in writing;(2) include the signature and contact information for the complainant;(3) contain a statement that a public education agency has violated Part B of the IDEA; 34 CFR, §300.1 et seq.; or a state special education statute or administrative rule;(4) include the facts upon which the complaint is based;(5) if alleging violations with respect to a specific student, include:(A) the name and address of the residence of the student;(B) the name of the school the student is attending;(C) in the case of a homeless child or youth (within the meaning of §725(2) of the McKinney-Vento Homeless Act (42 United States Code, §11434a(2)), available contact information for the student and the name of the school the student is attending;(D) a description of the nature of the problem of the student, including facts relating to the problem; and(E) a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed;(6) allege a violation that occurred not more than one calendar year prior to the date the complaint is received; and(7) be forwarded to the public education agency that is the subject of the complaint at the same time that the complaint is filed with the TEA.(c) A complaint must be filed with the TEA by electronic mail, mail, hand-delivery, or facsimile. The TEA has developed a form that may be used by persons or organizations filing a complaint. The form is available on request from the TEA and is also available on the TEA website. The complaint timeline will commence on the business day that TEA receives the complaint. If a complaint is received on a day other than a business day, the complaint timeline will commence on the first business day after the day on which the TEA receives the complaint. The one-calendar-year statute of limitations for a complaint will be determined based on the day that the complaint timeline commences.(d) If a complaint does not meet the requirements outlined in subsection (b) of this section, the TEA must notify the complainant of the deficiencies in the complaint.(e) Upon receipt of a complaint that meets the requirements of this section, the TEA must initiate an investigation to determine whether the public education agency is in compliance with applicable law and regulations in accordance with the following procedures.(1) The TEA must send written notification to the parties acknowledging receipt of a complaint.(A) The notification must include:(i) the alleged violations that will be investigated;(ii) alternative procedures available to address allegations in the complaint that are outside of the scope of Part B of the IDEA; 34 CFR, §300.1, et seq.; or a state special education statute or administrative rule;(iii) a statement that the public education agency may, at its discretion, investigate the alleged violations and propose a resolution of the complaint;(iv) a statement that the parties have the opportunity to resolve the complaint through mediation in accordance with the procedures in §89.1193 of this title (relating to Special Education Mediation);(v) a timeline for the public education agency to submit:(I) documentation demonstrating that the complaint has been resolved; or(II) a written response to the complaint and all documentation and information requested by the TEA;(vi) a statement that the complainant may submit additional information about the allegations in the complaint, either orally or in writing within a timeline specified by the TEA, and may provide a copy of any additional information to the public education agency to assist the parties in resolving the dispute at the local level; and(vii) a statement that the TEA may grant extensions of the timeline for a party to submit information under clause (v) or (vi) of this subparagraph at the request of either party.(B) In accordance with 34 CFR, §300.504, upon receipt of the first special education complaint filed by a parent during a school year, TEA will provide an electronic copy of the Notice of Procedural Safeguards to the parent, and the public education agency against which the complaint is filed must provide the parent with a hard copy of the Notice of Procedural Safeguards unless that parent has elected, in accordance with 34 CFR, §300.505, to receive the required notice by electronic mail, if the public education agency makes that option available.(C) The public education agency must provide the TEA with a written response to the complaint and all documentation and information requested by the TEA. The public education agency must forward its response to the parent who filed the complaint at the same time that the response is provided to the TEA. The public education agency may also provide the parent with a copy of the documentation and information requested by the TEA. If the complaint was filed by an individual other than the student's parent, the public education agency must forward a copy of the response to that individual only if written parental consent has been provided to the public education agency.(2) If the complaint is also the subject of a due process hearing or if it contains multiple issues of which one or more are part of that due process hearing, the TEA must:(A) set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing; and(B) resolve any issue in the complaint that is not a part of the due process hearing.(3) If an issue raised in the complaint has previously been decided in a due process hearing involving the same parties, the TEA must inform the complainant that the due process hearing decision is binding.(4) The TEA has 60 calendar days after a valid written complaint is received to carry out the investigation and to resolve the complaint. The TEA may extend the time limit beyond 60 calendar days if exceptional circumstances, as determined by the TEA, exist with respect to a particular complaint. The parties will be notified in writing by the TEA of the exceptional circumstances, if applicable, and the extended time limit. The time limit may also be extended if the parties agree to extend it in order to engage in mediation pursuant to §89.1193 of this title or other alternative means of dispute resolution. In accordance with the Texas Education Code, §29.010(e), the TEA must expedite a complaint alleging that a public education agency has refused to enroll a student eligible for special education and related services or that otherwise indicates a need for expedited resolution, as determined by the TEA.(5) During the course of the investigation, the TEA must:(A) conduct an investigation of the complaint that must include a complete review of all relevant documentation and that may include interviews with appropriate individuals and an independent on-site investigation, if necessary;(B) consider all facts and issues presented and the applicable requirements specified in law, regulations, or standards;(C) make a determination of compliance or noncompliance on each issue in the complaint based upon the facts and applicable law, regulations, or standards and issue a written report of findings of fact and conclusions, including reasons for the decision, and any corrective actions that are required, including the time period within which each action must be taken;(D) review any evidence that the public education agency has corrected noncompliance on its own initiative;(E) ensure that the TEA's final decision is effectively implemented, if needed, through technical assistance activities, negotiations, and corrective actions to achieve compliance; and(F) in the case of a complaint filed by an individual other than the student's parent, provide a copy of the written report only if written parental consent has been provided to the TEA.(6) In resolving a complaint in which a failure to provide appropriate services is found, the TEA must address:(A) the failure to provide appropriate services, including corrective action appropriate to address the needs of the student, including compensatory services, monetary reimbursement, or other corrective action appropriate to the needs of the student; and(B) appropriate future provision of services for all students with disabilities.(7) In accordance with 34 CFR, §300.600(e), the public education agency must complete all required corrective actions as soon as possible, and in no case later than one year after the TEA's identification of the noncompliance. A public education agency's failure to correct the identified noncompliance within the one-year timeline will result in an additional finding of noncompliance under 34 CFR, §300.600(e), and may result in sanctions against the public education agency in accordance with §89.1076 of this title (relating to Interventions and Sanctions).(f) If a party to a complaint believes that the TEA's written report includes an error that is material to the determination in the report, the party may submit a signed, written request for reconsideration to the TEA by electronic mail, mail, hand-delivery, or facsimile within 15 calendar days of the date of the report. The party's reconsideration request must identify the asserted error and include any documentation to support the claim. The party filing a reconsideration request must forward a copy of the request to the other party at the same time that the request is filed with the TEA. The other party may respond to the reconsideration request within five calendar days of the date on which the TEA received the request. The TEA will consider the reconsideration request and provide a written response to the parties within 45 calendar days of receipt of the request. The filing of a reconsideration request must not delay a public education agency's implementation of any corrective actions required by the TEA.(g) In accordance with 34 CFR, §300.151, the TEA's complaint resolution procedures must be widely disseminated to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities.(h) In exercising its general supervisory authority under 34 CFR, §300.149 and §300.600, the TEA may resolve any other credibly alleged violation of IDEA or a state special education statute or administrative rule that it receives even if a sufficient complaint is not filed with the TEA in accordance with 34 CFR, §§300.151-300.153, and this section. In doing so, the TEA may take one or more of the following actions:(1) requesting a response and supporting documentation from a public education agency against which a credible violation of IDEA or a state special education statute or administrative rule has been alleged;(2) conducting a desk or on-site investigation of a public education agency;(3) making a determination regarding the allegation(s); and(4) requiring a public education agency to implement corrective actions to address any identified noncompliance.(i) For the purposes of subsection (h) of this section, anonymous complaints, complaints that are received outside the one-calendar-year statute of limitations for a special education complaint, and complaints that do not include sufficient information or detail for the TEA to determine that an alleged violation of special education requirements may have occurred will not be considered to be credible complaints.(j) If the public education agency against which a complaint is received under subsection (h) of this section believes that TEA made an incorrect determination of noncompliance, the public education agency may submit a written request for reconsideration to the TEA within 15 calendar days of the date that TEA issued its findings. The reconsideration request must identify the asserted error and include any documentation to support the claim. The TEA will consider the reconsideration request and provide a written response to the public education agency within 45 calendar days of receipt of the request. The filing of a reconsideration request must not delay a public education agency's implementation of any corrective actions required by the TEA.</content><note type="source"><p>Source Note: The provisions of this §89.1195 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective March 22, 2017, 42 TexReg 1247; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective January 18, 2023, 48 TexReg 133.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1196"><num value="89.1196">§89.1196</num><heading>Individualized Education Program Facilitation</heading><content>(a) For the purpose of this section and Texas Education Code, §29.019, individualized education program (IEP) facilitation refers to a method of alternative dispute resolution that may be used to avoid a potential dispute between a public education agency and a parent of a student with a disability. IEP facilitation involves the use of a qualified facilitator to assist an admission, review, and dismissal (ARD) committee in developing an IEP for a student with a disability. The facilitator uses facilitation techniques to help the committee members communicate and collaborate effectively. While public education agencies are not required to offer IEP facilitation as an alternative dispute resolution method, the Texas Education Agency (TEA) encourages the use of IEP facilitation as described in this section.(b) A public education agency is not prohibited from incorporating elements of IEP facilitation into ARD committee meetings that are conducted without the assistance of a facilitator as described in this section. For example, a public education agency may provide training on communication skills, conflict management, or meeting effectiveness to individuals who participate in ARD committee meetings to enhance collaboration and efficiency in those meetings.(c) A public education agency that chooses to offer IEP facilitation under this section may determine whether to use independent contractors, employees, or other qualified individuals as facilitators. At a minimum, an individual who serves as a qualified facilitator must:(1) have demonstrated knowledge of federal and state requirements relating to the provision of special education and related services to students with disabilities;(2) have demonstrated knowledge of and experience with the ARD committee meeting process;(3) have completed 18 hours of training in IEP facilitation, consensus building, and/or conflict resolution; and(4) complete continuing education as determined by the public education agency.(d) A public education agency that chooses to offer IEP facilitation under this section must ensure that:(1) participation is voluntary on the part of the parties;(2) the facilitation is provided at no cost to parents; and(3) the process is not used to deny or delay the right to pursue a special education complaint, mediation, or a due process hearing in accordance with Part B of the Individuals with Disabilities Education Act (IDEA) and this division.(e) A public education agency that chooses to offer IEP facilitation under this section must develop written policies and procedures that include:(1) the procedures for requesting facilitation;(2) facilitator qualifications, including whether facilitators are independent contractors, employees, or other qualified individuals;(3) the process for assigning a facilitator;(4) the continuing education requirements for facilitators; and(5) a method for evaluating the effectiveness of the facilitation services and the individual facilitators.(f) A public education agency that chooses to offer IEP facilitation under this section must provide parents with information about the process, including a description of the procedures for requesting IEP facilitation and information related to facilitator qualifications. This information must be included when a copy of the procedural safeguards notice under 34 Code of Federal Regulations (CFR), §300.504 is provided to parents, although this information may be provided as a separate document and may be provided in a written or electronic format.(g) A facilitator under this section must not be a member of the student's ARD committee, must not have any decision-making authority over the committee, and must remain impartial to the topics under discussion. The facilitator must assist with the overall organization and conduct of the ARD committee meeting by:(1) assisting the committee in establishing an agenda and setting the time allotted for the meeting;(2) assisting the committee in establishing a set of guidelines for the meeting;(3) guiding the discussion and keeping the focus on developing a mutually agreed upon IEP for the student;(4) ensuring that each committee member has an opportunity to participate;(5) helping to resolve disagreements that arise; and(6) helping to keep the ARD committee on task so that the meeting purposes can be accomplished within the time allotted for the meeting.(h) Promptly after being assigned to facilitate an ARD committee meeting, or within a timeline established under the public education agency's procedures, the facilitator must contact the parents and public education agency representative to clarify the issues, gather necessary information, and explain the IEP facilitation process.(i) A public education agency that chooses to offer IEP facilitation under this section must ensure that facilitators protect the confidentiality of personally identifiable information about the student and comply with the requirements in the Family Educational Rights and Privacy Act regulations, 34 CFR, Part 99, relating to the disclosure and redisclosure of personally identifiable information from a student's education record.(j) TEA will develop information regarding IEP facilitation as an alternative dispute resolution method, and such information will be available upon request from TEA and on the TEA website.</content><note type="source"><p>Source Note: The provisions of this §89.1196 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective November 5, 2024, 49 TexReg 8717.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scAA/s89.1197"><num value="89.1197">§89.1197</num><heading>State Individualized Education Program Facilitation</heading><content>(a) In accordance with Texas Education Code, §29.020, the Texas Education Agency (TEA) will establish a program that provides independent individualized education program (IEP) facilitators.(b) For purposes of this section, where TEA is referenced in subsections (c)-(p) of this section and where not otherwise prohibited by law, TEA may delegate duties and responsibilities to an education service center (ESC) when it is determined to be the most efficient way to implement the program.(c) For the purpose of this section, IEP facilitation has the same general meaning as described in §89.1196(a) of this title (relating to Individualized Education Program Facilitation), except that state IEP facilitation is used when the admission, review, and dismissal (ARD) committee is in dispute about decisions relating to the provision of a free and appropriate public education to a student with a disability and the facilitator is an independent facilitator provided by TEA.(d) A request for IEP facilitation under this section must be filed by completing a form developed by TEA that is available upon request from TEA and on the TEA website. The form must be filed with TEA by one of the parties by electronic mail, mail, hand-delivery, or facsimile.(e) IEP facilitation under this section must be voluntary on the part of the parties and provided at no cost to the parties.(f) In order for TEA to provide an independent facilitator, the following conditions must be met.(1) The required form must be completed and signed by both parties.(2) The dispute must relate to an ARD committee meeting in which mutual agreement about one or more of the required elements of the IEP was not reached and the parties have agreed to recess and reconvene the meeting in accordance with §89.1055(o) of this title (relating to Individualized Education Program).(3) The request for IEP facilitation must be received by TEA within 10 calendar days of the ARD committee meeting that ended in disagreement, and a facilitator must be available on the date set for reconvening the meeting.(4) The same parties must not have participated in IEP facilitation concerning the same student under this section within the same school year of the filing of the current request for IEP facilitation.(g) Within five business days of receipt of a request for an IEP facilitation under this section, TEA will determine whether the conditions in subsections (d)-(f) of this section have been met and will notify the parties of its determination and the assignment of the independent facilitator, if applicable.(h) Notwithstanding subsections (c)-(f) of this section, if a special education due process hearing or complaint decision requires a public education agency to provide an independent facilitator to assist with an ARD committee meeting, the public education agency may request that TEA assign an independent facilitator. Within five business days of receipt of a written request for IEP facilitation under this subsection, TEA will notify the parties of its decision to assign or not assign an independent facilitator. If TEA declines the request to assign an independent facilitator, the public education agency must provide an independent facilitator at its own expense.(i) TEA's decision not to provide an independent facilitator is final and not subject to review or appeal.(j) The independent facilitator assignment may be made based on a combination of factors, including, but not limited to, geographic location and availability. Once assigned, the independent facilitator must promptly contact the parties to clarify the issues, gather necessary information, and explain the IEP facilitation process.(k) TEA will use a competitive solicitation method to seek independent facilitation services, and the contracts with independent facilitators will be developed and managed in accordance with TEA's contracting practices and procedures.(l) At a minimum, an individual who serves as an independent facilitator under this section:(1) must have demonstrated knowledge of federal and state requirements relating to the provision of special education and related services to students with disabilities;(2) must have demonstrated knowledge of and experience with the ARD committee meeting process;(3) must have completed 18 hours or more of training in IEP facilitation, consensus building, and/or conflict resolution as specified in TEA's competitive solicitation;(4) must complete continuing education as determined by TEA;(5) may not be an employee of TEA or the public education agency that the student attends; and(6) may not have a personal or professional interest that conflicts with his or her impartiality.(m) An individual is not an employee of TEA solely because the individual is paid by TEA to serve as an independent facilitator.(n) An independent facilitator must not be a member of the student's ARD committee, must not have any decision-making authority, and must remain impartial to the topics under discussion. The independent facilitator must assist with the overall organization and conduct of the ARD committee meeting by:(1) assisting the committee in establishing an agenda and setting the time allotted for the meeting;(2) assisting the committee in establishing a set of guidelines for the meeting;(3) guiding the discussion and keeping the focus on developing a mutually agreed upon IEP for the student;(4) ensuring that each committee member has an opportunity to participate;(5) helping to resolve disagreements that arise; and(6) helping to keep the ARD committee on task so that the meeting purposes can be accomplished within the time allotted for the meeting.(o) An independent facilitator must protect the confidentiality of personally identifiable information about the student and comply with the requirements in the Family Educational Rights and Privacy Act regulations, 34 CFR, Part 99, relating to the disclosure and redisclosure of personally identifiable information from a student's education record.(p) TEA will develop surveys to evaluate the IEP facilitation program and the independent facilitators and will request that parties who participate in the program complete the surveys.</content><note type="source"><p>Source Note: The provisions of this §89.1197 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective November 5, 2024, 49 TexReg 8717.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING STATE PLAN FOR EDUCATING EMERGENT BILINGUAL STUDENTS</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1201"><num value="89.1201">§89.1201</num><heading>Policy</heading><content>(a) It is the policy of the state that every student in the state who has a home language other than English and who is identified as an emergent bilingual (EB) student shall be provided a full opportunity to participate in bilingual education, to include bilingual and English as a second language (ESL) programs, as required in Texas Education Code (TEC), Chapter 29, Subchapter B. To ensure equal educational opportunity, as required in TEC, §1.002(a), each school district shall:(1) identify EB students based on criteria established by the state;(2) provide bilingual education, including bilingual and ESL programs, as integral parts of the general program as described in TEC, §4.002;(3) seek appropriately certified teaching personnel to ensure that EB students are afforded full opportunity to master the essential knowledge and skills required by the state; and(4) assess for academic achievement and linguistic progress in accordance with TEC, Chapter 29, Subchapter B, to ensure accountability for EB students and the schools that serve them.(b) The goal of bilingual program models, including dual-language immersion and transitional bilingual education, shall be to enable EB students to develop home or partner language literacy and academic skills through the integrated use of content-based language instructional methods to become proficient in listening, speaking, reading, and writing in the English language. Such programs shall include the mastery of grade level reading and language arts knowledge and skills in the home or partner language and in English, along with mathematics, science, and social studies knowledge and skills as integral parts of the academic goals for all students to enable EB students to participate equitably in school.(c) The goal of ESL program models, including content-based and pull-out, shall be to enable EB students to become proficient in listening, speaking, reading, and writing in the English language through the integrated use of content-based language instructional methods. The ESL program shall include the mastery of grade level English reading and language arts, mathematics, science, and social studies knowledge and skills in English as integral parts of the academic goals for all students to enable EB students to participate equitably in school.(d) Bilingual and ESL programs shall be integral parts of the total school program. Such programs shall use instructional approaches designed to meet the specific language needs of EB students. The curriculum content of the programs shall be based on the Texas Essential Knowledge and Skills and the English Language Proficiency Standards required by the state.</content><note type="source"><p>Source Note: The provisions of this §89.1201 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1203"><num value="89.1203">§89.1203</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Alternative methods--A temporary instructional plan that meets the affective, linguistic, and cognitive needs of emergent bilingual (EB) students and equips the teacher under a bilingual exception or an English as a second language (ESL) waiver described in §89.1207 of this title (relating to Bilingual Program Exceptions and English as a Second Language Program Waivers) to align closely to the required bilingual or ESL program through the comprehensive professional development plan.(2) Bilingual education allotment (BEA)--An adjusted basic funding allotment provided for each school district based on student average daily attendance in a bilingual or an ESL program in accordance with Texas Education Code (TEC), §48.105.(3) Certified bilingual program teacher--A teacher holding bilingual certification and appropriately certified for the grade level and content area. The term "certified bilingual program teacher" is synonymous with the term "professional bilingual educator" used in TEC, §29.063.(4) Certified English as a second language teacher--A teacher appropriately certified in ESL as well as for the grade level and content area. The term "certified English as a second language teacher" as used in this subchapter is synonymous with the term "professional transitional language educator" used in TEC, §29.063.(5) Content-based language instruction (CBLI)--An integrated approach to language instruction in which language is developed within the context of content delivery that is linguistically sustaining and is used across all programs for EB students to develop the home or partner language and English.(6) Dual language immersion (DLI) program--A state-approved bilingual program in accordance with TEC, §29.066, that uses English and a partner language. The two state-approved DLI program models are one-way DLI and two-way DLI.(7) Dual-language instruction--An educational approach that focuses on the use of English and the student's home or partner language for instructional purposes as described in TEC, §29.055, to include both DLI and transitional bilingual education (TBE) programs.(8) Emergent bilingual (EB)--A student identified by the Language Proficiency Assessment Committee (LPAC) who is in the process of acquiring English and has another language as the student's home language. This term is interchangeable with English learner as used in federal regulations and replaces the term "limited English proficient student" formerly used in TEC, Chapter 29, Subchapter B.(9) English as a second language (ESL) program--A special language program in accordance with TEC, Chapter 29, Subchapter B, to include both content-based and pull-out program models. Another related term for an ESL program is "English as an additional language program."(10) English language proficiency standards (ELPS)--The ELPS outline English language proficiency level descriptors and student expectations for EB students. School districts shall implement these standards as an integral part of each subject in the required curriculum. The ELPS are to be published along with the Texas Essential Knowledge and Skills for each subject in the required curriculum, as described in §74.4(a)(1) of this title (relating to English Language Proficiency Standards).(11) English proficient student--A former EB student who has met reclassification as English proficient by the LPAC.(12) Enrollment--Receiving instruction by attendance in a public school. This term does not apply to students who are registered but not yet receiving instruction.(13) Exit--The point at which an EB student is reclassified as English proficient and ends bilingual or ESL program participation with LPAC recommendation and parental approval. The term "exit" as used in this subchapter is synonymous with the description in TEC, Chapter 29, Subchapter B, of a student having been "transferred out" of bilingual or special language programming. For the purpose of meeting the goals of a DLI program, the LPAC recommends that the EB student is reclassified as English proficient but continues participation in the program to further develop biliteracy for the duration of the program for prekindergarten through Grade 12.(14) Home language--A language other than English that is indicated on the home language survey under §89.1215 of this title (relating to Home Language Survey) as being used at home, used by the child at home, or used by the child in a previous home setting.(15) Language allocation plan--A strategically developed and clearly communicated plan for a DLI program that defines the percentage of language of instruction for each content area and grade level.(16) Language Proficiency Assessment Committee (LPAC)--A designated group of committee members as described in §89.1220 of this title (relating to Language Proficiency Assessment Committee (LPAC)) and TEC, §26.063, that ensures the appropriate identification, placement, assessment, services, reclassification, and monitoring of EB students. The LPAC also meets in conjunction with all other committees related to programs and services for which an EB student qualifies.(17) Non-emergent bilingual student--A student who has never been classified as an EB student by an LPAC.(18) Paired teaching--A teaching partnership permissible in a DLI program model when half the content area instruction is in the partner language and half is in English (50/50 language allocation). One teacher provides content area instruction in the partner language while the second teacher provides content area instruction delivered in English. The teacher instructing in the partner language shall hold bilingual certification while the teacher instructing in English may hold either bilingual or ESL certification.(19) Parent--The parent or legal guardian of the student in accordance with TEC, §29.052(2).(20) Partner language--The designated language of instruction other than English within a DLI program. The partner language within a DLI program may or may not be the home language of a DLI program student.(21) Prekindergarten--Students enrolled in a 3- or 4-year-old prekindergarten program as well as 3- or 4-year-old students enrolled in an early education setting.(22) Reclassification--The process by which the LPAC determines that an EB student has met the appropriate criteria to be classified as English proficient, and the student enters year 1 of monitoring as indicated in the Texas Student Data System Public Education Information Management System.(23) School district--The term school district includes an open-enrollment charter school or a district of innovation.</content><note type="source"><p>Source Note: The provisions of this §89.1203 adopted to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1205"><num value="89.1205">§89.1205</num><heading>Required Bilingual and English as a Second Language (ESL) Programs</heading><content>(a) Each school district that has an enrollment of 20 or more students identified as emergent bilingual (EB) students in any language classification in the same grade level district-wide shall offer a bilingual program as described in subsection (b) of this section for the EB students in prekindergarten through the elementary grades with that language classification. "Elementary grades" shall include prekindergarten through Grade 5; Grade 6 shall be included when clustered with elementary grades.(b) A school district required to provide a bilingual program as described in subsection (a) of this section shall offer dual-language instruction (English and home or partner language) in prekindergarten through the elementary grades, using one of the four bilingual program models described in §89.1210 of this title (relating to Program Content and Design).(c) All EB students for whom a school district is not required to offer a bilingual program shall be provided an English as a second language (ESL) program, regardless of the students' grade levels and home language, and regardless of the number of such students, except in cases where a district exercises the option described in subsection (f) of this section.(d) A school district required to provide an ESL program as described in subsection (c) of this section shall provide an ESL program using one of the two models described in §89.1210 of this title.(e) School districts may join with other school districts to provide bilingual or ESL programs.(f) In addition to the required bilingual programs, school districts are also authorized to establish a bilingual program:(1) if they have an enrollment of fewer than 20 students as described in subsection (a) of this section; and(2) at grade levels in which the bilingual program is not required under subsection (a) of this section.(g) Under the authorization described in subsection (f) of this section, school districts shall adhere to all program requirements as described in §§89.1210 of this title, 89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Models), 89.1228 of this title (relating to Two-Way Dual Language Immersion Program Model Implementation), and 89.1229 of this title (relating to General Standards for Recognition of Dual Language Immersion Program Models).</content><note type="source"><p>Source Note: The provisions of this §89.1205 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1207"><num value="89.1207">§89.1207</num><heading>Bilingual Program Exceptions and English as a Second Language (ESL) Program Waivers</heading><content>(a) Purpose. A school district that is unable to provide a bilingual and/or an English as a second language (ESL) program as required by §89.1205(a) and (c) of this title (relating to Required Bilingual and English as a Second Language (ESL) Programs) because of an insufficient number of appropriately certified teachers shall request from the commissioner of education an exception to the bilingual program and/or a waiver for the ESL program and the approval of temporary alternative methods as defined in §89.1203(1) of this title (relating to Definitions) that align as closely as possible to the required bilingual or ESL program.(b) Funding. Emergent bilingual (EB) students with parental approval for program participation under a bilingual exception or an ESL waiver will be included in the bilingual education allotment (BEA) designated for temporary alternative methods.(c) Duration. The approval of a bilingual exception or an ESL waiver shall be valid only during the school year for which it was granted, which includes summer school.(d) Application requirements. The bilingual exception and/or ESL waiver application shall be submitted by November 1 and shall include:(1) a statement of the reasons the school district is unable to provide a sufficient number of appropriately certified teachers to offer the bilingual and/or ESL program with supporting documentation as described in Texas Education Code (TEC), §29.054(b)(1), (2), and (3);(2) a description of the temporary alternative methods to meet the affective, linguistic, and cognitive needs of EB students, including the manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, English language proficiency standards (ELPS), and college and career readiness standards (CCRS);(3) an assurance that appropriately certified teachers available in the school district will be assigned to ensure that the affective, linguistic, and cognitive needs of EB students with beginning and intermediate levels of English proficiency are served on a priority basis by doing the following:(A) in a bilingual program, assigning appropriately certified teachers beginning in prekindergarten followed successively by subsequent grade levels to ensure effective early literacy development; or(B) in an ESL program, assigning appropriately certified teachers to serve students with the highest linguistic needs at any grade level;(4) an assurance that the school district will implement a comprehensive professional development plan that:(A) is ongoing and targets the development of the knowledge, skills, and competencies needed to serve the needs of EB students;(B) includes the teachers who are not certified or not appropriately certified who are assigned to implement the temporary alternative methods that align closely to the required bilingual or ESL program; and(C) may include additional teachers who work with EB students;(5) an assurance that at least 10% of the total BEA shall be used to fund the comprehensive professional development plan required under paragraph (4) of this subsection when applying for a bilingual exception and/or an ESL waiver;(6) an assurance that the school district will develop an action plan to ensure that the programs required under §89.1205(a) and (c) of this title will be provided the subsequent year, including its plans for recruiting an adequate number of appropriately certified teachers to eliminate the need for subsequent exception waivers and measurable targets for the subsequent year as required by TEC, §29.054(b)(4); and(7) an assurance that the school district shall satisfy the additional reporting requirements described in §89.1265(c) of this title (relating to Program Evaluation).(e) School district responsibilities. A school district submitting a bilingual education exception and/or an ESL waiver shall maintain written records of all documents supporting the submission and assurances listed in subsection (d) of this section, including:(1) a description of the temporary alternative methods designed to meet the affective, linguistic, and cognitive needs of the EB students;(2) the number of teachers for whom a bilingual exception or an ESL waiver is needed by grade level and per campus;(3) a copy of the school district's comprehensive professional development plan;(4) a copy of the BEA budget documenting that a minimum of 10% of the funds were used to fund the comprehensive professional development plan; and(5) a description of the actions taken to recruit an adequate number of appropriately certified teachers.(f) Approval of bilingual exceptions and ESL waivers. A bilingual exception and/or an ESL waiver will be granted by the commissioner if the following criteria are met for each program.(1) For a bilingual exception, the school district meets the requirements and measurable targets of the action plan described in subsection (d)(6) of this section submitted the previous year and approved by the Texas Education Agency (TEA) and also meets one of the following criteria:(A) meets or exceeds the state average for EB student performance on the required state assessments; or(B) reduces by 25% the number of teachers under the bilingual exception when compared to the number of teachers under the bilingual exception the previous year.(2) For an ESL waiver, the school district meets the requirements and measurable targets of the action plan described in subsection (d)(6) of this section submitted the previous year and approved by TEA and also meets one of the following criteria.(A) meets or exceeds the state average for EB student performance on the required state assessments; or(B) reduces by 25% the number of teachers under the ESL waiver when compared to the number of teachers under the ESL waiver the previous year.(g) Denial of bilingual exceptions and ESL waivers. A school district denied a bilingual exception and/or an ESL waiver shall submit to the commissioner a detailed action plan for complying with required regulations for the following school year.(h) Appeals. A school district denied a bilingual exception and/or an ESL waiver may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further.(i) Special accreditation investigation. The commissioner may authorize a special accreditation investigation under TEC, §39.003, if a school district is denied a bilingual exception and/or an ESL waiver for more than three consecutive years.(j) Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under TEC, §39A.002.</content><note type="source"><p>Source Note: The provisions of this §89.1207 adopted to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1210"><num value="89.1210">§89.1210</num><heading>Program Content and Design</heading><content>(a) Each school district required to offer bilingual education through bilingual or English as a second language (ESL) program models shall provide each emergent bilingual (EB) student the opportunity to be enrolled in the required program at their grade level. Each student's level of proficiency shall be designated by the Language Proficiency Assessment Committee (LPAC) in accordance with §89.1220(g) of this title (relating to Language Proficiency Assessment Committee (LPAC)). The school district shall accommodate the instruction, pacing, and materials to ensure that EB students have a full opportunity to master the essential knowledge and skills of the required curriculum, which includes the Texas Essential Knowledge and Skills (TEKS) and English language proficiency standards (ELPS). Students participating in bilingual program models may demonstrate their mastery of the essential knowledge and skills in either the home or partner language or in English for each content area.(1) Bilingual program models established by a school district shall be full-time programs of dual-language instruction (English and home or partner language) that provides for learning academic and literacy skills in the student's home or program partner language and for carefully structured and sequenced mastery of English language skills under Texas Education Code (TEC), §29.055(a), throughout the elementary grades and beyond if the district so chooses as defined in §89.1205(a) of this title (relating to Required Bilingual and English as a Second Language (ESL) Programs).(2) ESL program models established by a school district shall be programs of intensive instruction in English in which ESL teachers recognize and address language differences in accordance with TEC, §29.055(a), in prekindergarten through Grade 12.(b) Bilingual and ESL program models shall be integral parts of the general educational program required under Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, ELPS, and college and career readiness standards. In bilingual program models, school districts shall purchase instructional materials in all program languages with the district's instructional materials allotment or otherwise acquire instructional materials for use in bilingual program classes in accordance with TEC, §31.029(a). Instructional materials for bilingual programs on the list adopted by the commissioner of education, as provided by TEC, §31.0231, may be used as curriculum tools to enhance the learning process. The school district shall ensure ongoing collaboration between bilingual and ESL programs and the general education programs to provide equitable educational access for all learners. Bilingual and ESL programs shall address the affective, linguistic, and cognitive needs of EB students as follows.(1) Affective.(A) EB students in a bilingual program shall be provided instruction using content-based language instructional methods in English and/or their home or partner language to acclimate students to the school environment and to develop academic language skills, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b).(B) EB students in an ESL program shall be provided instruction using content-based language instructional methods in English to acclimate students to the school environment and to develop academic language skills, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to incorporate the students' home languages and learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b).(2) Linguistic.(A) EB students in a bilingual program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in both English and the home or partner language. The instruction in both languages shall be structured to ensure that the students develop a strong literacy foundation and master the required essential knowledge and skills and higher-order thinking skills in all subjects, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS.(B) EB students in an ESL program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in the English language. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS.(3) Cognitive.(A) EB students in a bilingual program shall be provided instruction in reading and language arts, mathematics, science, and social studies in both the home or partner language and English, using content-based language instructional methods in either the home or partner language, English, or both, depending on the program model(s) implemented by the district. The content area instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects.(B) EB students in an ESL program shall be provided instruction in English in reading and language arts, mathematics, science, and social studies using content-based language instructional methods. The instruction in all academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills.(c) Bilingual programs shall be implemented through at least one of the following program models.(1) Transitional bilingual/early exit is a bilingual program model in which identified EB students are served in both English and the students' home language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports not earlier than two or later than five years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(1),, for the assigned grade level and content area. The goal of early-exit transitional bilingual education is for program participants to use their home language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' home language and English using content-based language instruction methods.(2) Transitional bilingual/late exit is a bilingual program model in which identified EB students are served in both English and the students' home language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(2), for the assigned grade level and content area. The goal of late-exit transitional bilingual education is for program participants to use their home language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' home language and English through content-based language instruction.(3) Dual language immersion/one-way is a bilingual/biliteracy program model in which identified EB students are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in the partner language and English is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of one-way dual language immersion is for program participants to attain bilingualism and biliteracy in English and the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English as well as the program's partner language, with at least half of the instruction delivered in the program's partner language for the duration of the program.(4) Dual language immersion/two-way is a bilingual/biliteracy program model in which identified EB students are integrated with non-EB students and are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in English and the partner language is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of two-way dual language immersion is for program participants to attain bilingualism and biliteracy in English as well as the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English and the partner language with at least half of the instruction delivered in the program's partner language for the duration of the program.(d) The ESL program shall be implemented through one of the following program models.(1) An ESL/content-based program model is an English acquisition program that serves identified EB students through English instruction provided by a teacher appropriately certified in ESL under TEC, §29.061(c), using content-based language instruction methods in reading and language arts, mathematics, science, and social studies. The goal of content-based ESL is for program participants to attain full proficiency in English in order to participate equitably in school.(2) An ESL/pull-out program model is an English acquisition program that serves identified EB students through English instruction using content-based language instruction methods provided by an appropriately certified ESL teacher under TEC, §29.061(c), in reading and language arts in a pull-out or inclusionary delivery setting. The goal of ESL pull-out is for program participants to attain full proficiency in English in order to participate equitably in school.(e) Except in the courses specified in subsection (f) of this section, content-based language instructional methods, which may involve the use of the students' home or the program's partner language, may be provided in any of the courses or electives required for promotion or graduation to assist program participants in mastering the essential knowledge and skills for the required subject(s). The use of content-based language instruction shall not impede the awarding of credit toward meeting promotion or graduation requirements.(f) In subjects such as art, music, and physical education, EB students shall participate with their non-EB peers in general education classes provided in the subjects. As noted in TEC, §29.055(d), elective courses included in the curriculum may be taught in a language other than English. The school district shall ensure that EB students enrolled in bilingual and ESL programs have a meaningful opportunity to participate with non-EB peers in all extracurricular activities.(g) The required bilingual or ESL program shall be provided to every EB student with parental approval until such time that the student meets reclassification criteria as described in §89.1226(i) of this title (relating to Testing and Classification of Students) or graduates from high school. Parental approval is required when the LPAC recommends continuing dual language immersion program participation beyond reclassification.</content><note type="source"><p>Source Note: The provisions of this §89.1210 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1215"><num value="89.1215">§89.1215</num><heading>Home Language Survey</heading><content>(a) For each new student enrolling for the first time in a Texas public school in any grade from prekindergarten through Grade 12, the Texas Education Agency (TEA)-developed home language survey shall be administered. This home language survey will serve as the original and only home language survey throughout the student's educational experience in Texas public schools. School districts shall:(1) ensure that the student's parent understands the language used in the survey and its implications;(2) require that the survey be signed by the student's parent for each student in prekindergarten through Grade 8 or by the student in Grades 9-12 as permitted under Texas Education Code, §29.056(a)(1);(3) ensure the student's parent is aware of the benefits of bilingual and ESL programs; and(4) maintain the original copy of the survey in the student's permanent record and transfer it to any subsequent Texas public school districts in which the student enrolls.(b) The TEA-developed home language survey shall be administered in English and a language that the parents can understand. The home language survey shall include the following questions.(1) "Which languages are used at home?"(2) "Which languages are used by the child at home?"(3) "If the child had a previous home setting, which languages were used? If there was no previous home setting, answer Not Applicable (N/A)."(c) If any response on the home language survey indicates that a language other than English is or was used for communication, the student shall be tested in accordance with §89.1226 of this title (relating to Testing and Classification of Students).(d) For students previously enrolled in a Texas public school, the receiving district shall secure the student records, including the original home language survey and language proficiency assessment committee documentation as described in §89.1220(l) of this title (relating to Language Proficiency Assessment Committee (LPAC)), as applicable. All attempts to contact the sending district to request records shall be documented. Multiple attempts to obtain the student's original home language survey shall be made.(e) If a parent determines an error was made when completing the original home language survey, the parent may request a correction only if:(1) the student has not yet been assessed for English proficiency; and(2) corrections are made within two calendar weeks of the student's initial enrollment date in Texas public schools.</content><note type="source"><p>Source Note: The provisions of this §89.1215 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1220"><num value="89.1220">§89.1220</num><heading>Language Proficiency Assessment Committee (LPAC)</heading><content>(a) School districts shall by local board policy establish and operate one or more Language Proficiency Assessment Committees (LPACs). The school district shall have on file a policy and procedures for the selection, appointment, and orientation of members of the LPAC(s).(b) The LPAC shall include an appropriately certified bilingual educator (for students served through a bilingual program), an appropriately certified English as a second language (ESL) educator (for students served through an ESL program), a parent of an emergent bilingual (EB) student participating in a bilingual or ESL program, and a campus administrator in accordance with Texas Education Code (TEC), §29.063.(c) In addition to the three required members of the LPAC, the school district may add other members to the committee. All required members of an LPAC must be present either in person or virtually to make individualized student decisions.(d) No parent serving on the LPAC shall be an employee of the school district.(e) A school district shall establish and operate a sufficient number of LPACs to enable them to discharge their duties within four calendar weeks of the enrollment of an EB student.(f) All members of the LPAC, including parents, shall be acting for the school district and shall observe all laws and rules governing confidentiality of information concerning individual students. The school district shall be responsible for the orientation of all members of the LPAC, including the parents. The LPAC may use alternative meeting methods, such as phone or video conferencing and the use of electronic signatures that adhere to district policy.(g) Upon a student's initial enrollment in Texas public schools, a student's transfer from a previous Texas public school district, and at the end of each school year, the LPAC shall review all pertinent information on all potential and identified EB students, including EB students with a parental denial of program participation, in accordance with §89.1226 of this title (relating to Testing and Classification of Students).(1) For students initially enrolling in Texas public schools, the LPAC shall:(A) designate the language proficiency level of each EB student in accordance with the guidelines issued pursuant to §89.1226(b)-(f) of this title;(B) recommend, subject to parental approval, the initial instructional placement of each EB student in the required bilingual or ESL program without restricting access due to scheduling, staffing, or class size constraints; and(C) facilitate the participation of EB students in other programs for which they are eligible while ensuring full access to the language program required under TEC, §29.053.(2) For transferring students previously enrolled in a Texas public school district, the LPAC shall:(A) review permanent record and LPAC documentation from the previous Texas school district to determine if the student has been identified as an EB student based on the original home language survey and initial identification process;(B) identify previous program participation with parental approval and recommend appropriate program placement based on student data and available program models or determine the need for monitoring of students who have previously met reclassification and are in their first two years of monitoring;(C) inform parents who have previously denied program services of recommended bilingual or ESL programs available in the current district;(D) review linguistic progress and academic achievement data of each EB student to inform instructional practices; and(E) facilitate the participation of EB students in other programs for which they are eligible while ensuring full access to the language program required under TEC, §29.053.(3) At the end of the school year, for all identified EB students, including EB students with a parental denial of program participation, the LPAC shall:(A) review English language proficiency progress and academic achievement data in English for ESL program students;(B) review English and home/partner language progress as well as academic achievement data in English and the home/partner language for bilingual program students;(C) reclassify eligible EB students as English proficient in accordance with the criteria described in §89.1226(i) of this title;(D) recommend exit from program of reclassified English proficient students, pending parental approval, or continuation of program participation for reclassified students participating in a dual language immersion one-way or two-way program model, according to the goals of the program; and(E) prepare parental reports on student progress for all identified EB students to be provided to parents within the first 30 calendar days after the beginning of the next school year, which include data on linguistic and academic progress, benefits of bilingual or ESL program participation, and the criteria for reclassification as English proficient.(h) The LPAC shall give written notice to the student's parent, informing the parent that the student has been identified as an EB student and requesting approval to place the student in the required bilingual or ESL program not later than the 10th calendar day after the date of the student's identification in accordance with TEC, §29.056. The notice shall include information about the benefits of the recommended bilingual or ESL program and that it is an integral part of the school program.(i) Before the administration of the state criterion-referenced test each year, the LPAC shall determine the appropriate assessment option for each EB student as outlined in Chapter 101, Subchapter AA, of this title (relating to Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments).(j) Pending completion of the identification process, receipt of LPAC documentation for transferring students, or parental approval of an identified EB student's placement into the bilingual or ESL program recommended by the LPAC, the school district shall place the student in the recommended program. Only EB students with parental approval for bilingual or ESL program participation will be included in the bilingual education allotment (BEA).(k) The LPAC shall monitor the academic progress of each student, including any student who previously had a parental denial of program participation, who has met criteria for reclassification in accordance with TEC, §29.056(g), for the first two years after reclassification. If the student earns a failing grade in a subject in the foundation curriculum under TEC, §28.002(a)(1), during any grading period in the first two school years after the student is reclassified, the LPAC shall determine, based on the student's English language acquisition needs, whether the student may require targeted instruction or, after careful consideration of multiple linguistic and academic data points, should be reconsidered for placement in a bilingual or ESL program. In accordance with TEC, §29.0561, the LPAC shall review the student's performance and consider, at a minimum, the following:(1) the total amount of time the student was enrolled in a bilingual or ESL program;(2) the student's grades each grading period in each subject in the foundation curriculum under TEC, §28.002(a)(1);(3) the student's performance on each assessment instrument administered under TEC, §39.023(a) or (c);(4) the number of credits the student has earned toward high school graduation, if applicable; and(5) any disciplinary actions taken against the student under TEC, Chapter 37, Subchapter A (Alternative Settings for Behavior Management).(l) The student's permanent record shall contain documentation of all actions impacting the EB student.(1) Documentation shall include:(A) the original home language survey;(B) the identification as an EB student;(C) the designation of the student's level of language proficiency;(D) the recommendation of program placement;(E) parental approval or denial of placement into the program;(F) the date of placement in the program;(G) assessment information as outlined in Chapter 101, Subchapter AA, of this title;(H) additional instructional linguistic accommodations provided to address the specific language needs of the student;(I) the date of reclassification and the date of exit from the program with parental approval; and(J) the results of monitoring for academic success, including students formerly identified as EB students, as required under TEC, §29.063(c)(4).(2) Current documentation as described in paragraph (1) of this subsection shall be forwarded in the same manner as other student records to another school district in which the student enrolls.(m) A school district may place a student in or exit a student from a program without written approval of the student's parent if:(1) the student is 18 years of age or has had the disabilities of minority removed;(2) the parent provides approval through a phone conversation or e-mail that is documented in writing and retained; or(3) an adult who the school district recognizes as standing in parental relation to the student provides written approval. This may include a foster parent or employee of a state or local governmental agency with temporary possession or control of the student.</content><note type="source"><p>Source Note: The provisions of this §89.1220 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1226"><num value="89.1226">§89.1226</num><heading>Testing and Classification of Students</heading><content>(a) The single state-approved English language proficiency test for identification of emergent bilingual (EB) students described in subsection (c) of this section shall be used as part of the standardized, statewide identification process.(b) Within four calendar weeks of initial enrollment in a Texas public school, a student with a language other than English indicated on the home language survey shall be administered the state-approved English language proficiency test for identification as described in subsection (c) of this section and shall be identified as an EB student and recommended for placement into the required bilingual or English as a second language (ESL) program in accordance with the criteria listed in subsection (f) of this section.(c) To identify EB students, school districts shall administer to each student who has a language other than English as identified on the home language survey:(1) in prekindergarten through Grade 1, the listening and speaking components of the state-approved English language proficiency test for identification; and(2) in Grades 2-12, the listening, speaking, reading, and writing components of the state-approved English language proficiency test for identification.(d) School districts that provide a bilingual program at the elementary grades shall administer a language proficiency test in the home language of the student who is eligible to be served in the bilingual program. If the home language of the student is Spanish, the school district shall administer the Spanish version of the state-approved language proficiency test for identification. If a state-approved language proficiency test for identification is not available in the home language of the student, the school district shall determine the student's level of proficiency using informal oral language assessment measures.(e) All language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in the language proficiency testing requirements of the test publisher.(f) For placement into a bilingual or ESL program, a student shall be identified as an EB student using the following criteria.(1) In prekindergarten through Grade 1, the student's score(s) from the listening and/or speaking components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.(2) In Grades 2-12, the student's score(s) from the listening, speaking, reading, and/or writing components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.(g) A student shall be identified as EB if the student's beginning English language skills interfere with the completion of the English language proficiency assessment described in subsection (c) of this section.(h) The Language Proficiency Assessment Committee (LPAC), in conjunction with the admission, review, and dismissal (ARD) committee, shall identify a student as EB if the student's disabilities interfere with the completion of the English language proficiency assessment described in subsection (c) of this section. The bilingual or ESL program placement recommendation shall be determined by the LPAC, in conjunction with the ARD committee, in accordance with §89.1220(f) of this title (relating to Language Proficiency Assessment Committee (LPAC)), ensuring access to both the bilingual or ESL program and the special education and related services needed to provide a free, appropriate public education as identified in the student's individualized education program.(i) An EB student may be reclassified as English proficient only at the end of the school year in which a student routinely demonstrates readiness for reclassification as English proficient and the ability to successfully participate in grade level content instruction that is delivered with no second language acquisition supports. EB students, including those with parental denials, are eligible for linguistic or non-linguistic based designated supports or accommodations on the state criterion-referenced English language arts and reading assessment instrument when recommended by the LPAC or any other committee. These designated supports or accommodations do not prevent an EB student from meeting reclassification criteria. An EB student reclassifies as English proficient when all three of the following criteria are met:(1) a composite proficiency rating, which includes ratings in the areas of listening, speaking, reading, and writing, on the state-approved English language proficiency test for reclassification that is designated for indicating English proficiency;(2) passing standard met on the English language arts and reading assessment instrument under Texas Education Code (TEC), §39.023(a) or (c), or, for students at grade levels not assessed by the aforementioned assessment instruments, a score at or above the 40th percentile on both the English reading and the English language arts sections of the state-approved norm-referenced standardized achievement instrument; and(3) the results of a subjective teacher evaluation using the state's standardized rubric.(j) An EB student may not be reclassified as English proficient in prekindergarten or Kindergarten. A school district shall ensure that EB students are prepared to meet academic standards required by TEC, §28.0211.(k) For EB students who are also eligible for special education services, the standardized process for student reclassification is followed in accordance with applicable provisions of subsection (i) of this section. However, annual meetings to review student progress and make recommendations for reclassification shall be made in all instances by the LPAC, in conjunction with the ARD committee, in accordance with §89.1230(b) of this title (relating to Eligible Students with Disabilities). Additionally, the LPAC, in conjunction with the ARD committee, shall determine participation and designated support or accommodation decisions on state criterion-referenced and English language proficiency assessments that differentiate between language proficiency and disabling conditions in accordance with §89.1230(a) of this title.(l) For an EB student with a significant cognitive disability, the LPAC, in conjunction with the ARD committee, may recommend that the state's criterion-referenced and English language proficiency assessments used for reclassification are not appropriate because of the nature of the student's disabling condition. In these cases, the LPAC, in conjunction with the ARD committee, may recommend that the student take the state's alternate criterion-referenced and alternate English language proficiency assessments. Additionally, the LPAC, in conjunction with the ARD committee, may utilize the individualized reclassification process to determine appropriate performance standard requirements for the state standardized reading assessment and English language proficiency assessment by language domain under subsection (i)(1) of this section and utilize the results of a subjective teacher evaluation using the state's standardized alternate rubric.(m) Notwithstanding §101.101 of this title (relating to Group-Administered Tests), all tests used for the purpose of identification and reclassification of students and approved by TEA shall be re-normed at least every eight years.</content><note type="source"><p>Source Note: The provisions of this §89.1226 adopted to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1227"><num value="89.1227">§89.1227</num><heading>Minimum Requirements for Dual Language Immersion Program Model</heading><content>(a) A one-way or two-way dual language immersion (DLI) program model shall address all curriculum requirements specified in Chapter 74, Subchapter A, of this title (relating to Required Curriculum) in the program's partner language and English.(b) A DLI program model shall be a full-time program of academic instruction in the program's partner language and English for all program participants, emphasizing the participation of identified emergent bilingual (EB) students. Access to the DLI program shall not be restricted based on race, creed, color, religious affiliation, age, or disability.(c) A DLI program model shall provide equitable, authentic resources in English and the program's partner language to ensure development of bilingualism and biliteracy.(d) The district shall develop a language allocation plan that ensures a minimum of 50% of content area instructional time is provided in the program's partner language for the duration of the program.(e) Program implementation shall:(1) begin at prekindergarten, Kindergarten, or Grade 1, as applicable, according to the district's earliest grade level provided;(2) continue without interruption incrementally through the elementary grades;(3) consider expansion to middle school and high school whenever possible; and(4) include participation of former emergent bilingual students who have reclassified as English proficient for the duration of the program.(f) A DLI program model shall be developmentally appropriate and based on current best practices identified in research. Particularly, EB students shall not be restricted access to a one-way or two-way DLI program model based on any linguistic or academic achievement measures in the program's partner language or English.</content><note type="source"><p>Source Note: The provisions of this §89.1227 adopted to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1228"><num value="89.1228">§89.1228</num><heading>Two-Way Dual Language Immersion Program Model Implementation</heading><content>(a) of this title (relating to Participation of Non-Emergent Bilingual Students).(b) A two-way DLI program model shall fully disclose candidate selection criteria and ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability. Additionally, identified and reclassified EB students and non-EB students shall not be restricted access to the two-way DLI program model based on any linguistic or academic achievement measures in the program's partner language or English.(c) A school district implementing a two-way DLI program model shall develop a policy for enrollment and continuation for students in this program model. The policy shall address:(1) equitable access, including the program's intention to maintain a ratio of 50% EB students to 50% non-EB students and have no more than two-thirds speakers of the partner language to one-third speakers of English in each classroom;(2) support of program benefits and goals as stated in §89.1210 of this title (relating to Program Content and Design);(3) the district's commitment to providing equitable access to services for EB students and to ensuring continuity of program for all program participants;(4) the program's language allocation plan for the grade levels in which the program will be implemented; and(5) expectations for students, families, and district and campus stakeholders.(d) A school district implementing a two-way DLI program model shall obtain written parental approval as follows.(1) For EB students, written parental approval is obtained in accordance with §89.1240 of this title (relating to Parental Authority and Responsibility).(2) For non-EB students, written parental approval is obtained through a school district-developed process.(e) A school district implementing a two-way DLI program model shall determine the appropriate assessment option for program participants as follows.(1) For EB students, the Language Proficiency Assessment Committee (LPAC) shall convene before the administration of the state criterion-referenced test each year to determine the appropriate assessment option for each EB student in accordance with §89.1220(i) of this title (relating to Language Proficiency Assessment Committee (LPAC)).(2) For reclassified EB students and non-EB students, the appropriate assessment option for the administration of the state criterion-referenced test each year is determined by the LPAC or through a school district-developed process.</content><note type="source"><p>Source Note: The provisions of this §89.1228 adopted to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1229"><num value="89.1229">§89.1229</num><heading>General Standards for Recognition of Dual Language Immersion Program Models</heading><content>(a) Campus recognition. A school district may recognize one or more of its campuses that implement an exceptional dual language immersion (DLI) program model if the campus meets all of the following criteria. The school shall:(1) meet the minimum requirements stated in §89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model);(2) receive an acceptable performance rating in the state accountability system; and(3) not have a bilingual and/or English as a second language program identified in any stage of intervention under the state's accountability system.(b) Student recognition. An individual student participating in a DLI program model is eligible for local school district recognitions, including a performance acknowledgement in accordance with §74.14 of this title (relating to Performance Acknowledgments).</content><note type="source"><p>Source Note: The provisions of this §89.1229 adopted to be effective July 15, 2018, 43 TexReg 4731; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1230"><num value="89.1230">§89.1230</num><heading>Eligible Students with Disabilities</heading><content>(a) For students with disabilities, school districts shall utilize the state's criteria for identification of emergent bilingual (EB) students as described in §89.1226(f) of this title (relating to Testing and Classification of Students) and shall establish placement procedures that ensure that the placement recommendation by the Language Proficiency Assessment Committee (LPAC), in conjunction with the admission, review, and dismissal (ARD) committee, in a bilingual or English as a second language program is not refused based on the student's disabling condition.(b) LPAC members shall meet in conjunction with ARD committee members to review progress and provide recommendations regarding the educational needs of each EB student who also qualifies for services in the school district's special education program.</content><note type="source"><p>Source Note: The provisions of this §89.1230 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1233"><num value="89.1233">§89.1233</num><heading>Participation of Non-Emergent Bilingual Students</heading><content>(a) School districts shall fulfill their obligation to provide access to the required bilingual or English as a second language (ESL) program to emergent bilingual (EB) students in accordance with Texas Education Code (TEC), §29.053.(b) School districts may enroll non-EB students in the bilingual education or ESL program in accordance with TEC, §29.058.(c) For participation of non-EB students in two-way dual language immersion programs, see §89.1228(c)(1) of this title (relating to Two-Way Dual Language Immersion Program Model Implementation). For all other program models, the number of participating non-EB students shall not exceed 40% of the number of students enrolled in those bilingual or ESL program models district-wide in accordance with TEC, §29.058.</content><note type="source"><p>Source Note: The provisions of this §89.1233 adopted to be effective March 5, 1999, 24 TexReg 1383; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1235"><num value="89.1235">§89.1235</num><heading>Facilities</heading><content>(a) Bilingual and English as a second language (ESL) programs shall be located in the public schools of the school district with equitable access to all educational resources rather than in separate facilities.(b) In order to provide the required bilingual or ESL programs, school districts may cluster the programs at designated facilities within the school district.(c) Recent immigrant emergent bilingual students shall not remain enrolled in newcomer centers for longer than two years.</content><note type="source"><p>Source Note: The provisions of this §89.1235 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1240"><num value="89.1240">§89.1240</num><heading>Parental Authority and Responsibility</heading><content>(a) Identification and placement approval.(1) The parent shall be notified in English and the parent's home language that their child has been identified as an emergent bilingual (EB) student and recommended for placement in the required bilingual or English as a second language (ESL) program using the Texas Education Agency (TEA)-developed identification and approval of placement letter.(2) The parent shall be provided information describing the bilingual or ESL program recommended, its benefits and goals, and its being an integral part of the school program to ensure that the parent understands the purposes and content of the program and their parental rights.(3) The placement of a student in the bilingual or ESL program shall be approved in writing by the student's parent, or through allowable alternatives described in §89.1220(m) of this title (relating to Language Proficiency Assessment Committee (LPAC)), in order to have the student included in the bilingual education allotment (BEA).(4) The parent's approval shall be considered valid for the student's continued participation in the required bilingual or ESL program until:(A) the student meets the reclassification criteria described in §89.1226(i) of this title (relating to Testing and Classification of Students);(B) the student graduates from high school; or(C) a change occurs in program placement. A change between bilingual and ESL program placement requires new parental approval using the TEA-developed continuation of language program services letter.(5) If a parent denies program placement at any point, the TEA-developed parental denial of program services letter shall be used to ensure parents are informed of the implications of program denial, including understanding that the child will continue to be identified as an EB student and will continue to be assessed annually using the Texas English Language Proficiency Assessment System (TELPAS) until reclassification criteria have been met.(b) Reclassification and exit approval.(1) The school district shall use the TEA-developed parent notification of reclassification and approval of program exit letter to give written notification to the student's parent of the student's reclassification as English proficient and acquire written approval for their exit from the bilingual or ESL program as required under Texas Education Code, §29.056(a).(2) The school district shall use the TEA-developed parent notification of reclassification and option to continue in a dual language immersion program letter to give written notification to the student's parent of the student's reclassification as English proficient and acquire written approval for continued program participation as an English proficient student.(3) Students meeting reclassification criteria who have been recommended for exit by the Language Proficiency Assessment Committee (LPAC) may only exit the bilingual or ESL program with parental approval.(c) Appeals.(1) The parent of a student enrolled in a school district that is required to offer bilingual or ESL programs may appeal to the commissioner of education if the school district fails to comply with the law or the rules.(2) Appeals shall be filed in accordance with Chapter 157 of this title (relating to Hearings and Appeals).</content><note type="source"><p>Source Note: The provisions of this §89.1240 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1245"><num value="89.1245">§89.1245</num><heading>Staffing and Staff Development</heading><content>(a) School districts shall take all reasonable affirmative steps to assign appropriately certified teachers to the required bilingual and English as a second language (ESL) programs in accordance with Texas Education Code (TEC), §29.061, concerning bilingual and ESL program teachers. School districts that are unable to secure a sufficient number of appropriately certified bilingual and/or ESL teachers to provide the required programs may request activation of the appropriate permits in accordance with Chapter 230 of this title (relating to Professional Educator Preparation and Certification).(b) School districts that are unable to employ a sufficient number of teachers, including part-time teachers, who meet the requirements of subsection (a) of this section for the bilingual and ESL programs shall apply on or before November 1 for an exception to the bilingual program or a waiver for the ESL program as provided in §89.1207(a) and (b) of this title (relating to Bilingual Exceptions and English as a Second Language Program Waivers).(c) Teachers assigned to the bilingual or ESL program may receive salary supplements through bilingual education allotment funds as authorized by TEC, §48.105.(d) School districts may compensate teachers and aides assigned to bilingual or ESL programs for participation in virtual, face-to-face, and hybrid professional development outside of regular work hours designed to increase their skills or lead to bilingual or ESL certification.(e) The commissioner of education shall encourage school districts to cooperate with colleges and universities to provide training for teachers assigned to bilingual or ESL programs.(f) The Texas Education Agency shall develop, in collaboration with education service centers, resources for implementing bilingual and ESL training programs. The materials shall provide a framework for:(1) developmentally appropriate bilingual and ESL programs for prekindergarten through Grade 12;(2) affectively, linguistically, and cognitively appropriate instruction in bilingual and ESL programs in accordance with §89.1210(b)(1)-(3) of this title (relating to Program Content and Design); and(3) developmentally appropriate programs for emergent bilingual students identified with multiple needs and/or exceptionalities.</content><note type="source"><p>Source Note: The provisions of this §89.1245 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1250"><num value="89.1250">§89.1250</num><heading>Required Summer School Programs</heading><content>(a) Criteria. Summer school programs that are provided under Texas Education Code (TEC), §29.060, for emergent bilingual (EB) students who will be eligible for admission to Kindergarten or Grade 1 at the beginning of the next school year shall be implemented in accordance with this section.(b) Purpose of summer school programs.(1) EB students, including those also receiving special education services, shall have an opportunity to receive targeted instruction designed to prepare them to be successful in Kindergarten and Grade 1.(2) Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student, including instruction in English and the home or partner language according to the program model.(3) The program shall address the affective, linguistic, and cognitive needs of EB students in accordance with §89.1210(b) of this title (relating to Program Content and Design).(c) Establishment of, and eligibility for, the program.(1) Each school district required to offer a bilingual or English as a second language (ESL) program in accordance with TEC, §29.053, shall offer the summer program.(2) To be eligible for enrollment:(A) a student shall be eligible for admission to Kindergarten or to Grade 1 at the beginning of the next school year and shall be identified as an EB student; and(B) a parent shall have approved placement of the EB student in the required bilingual or ESL program following the procedures described in §89.1220(g) of this title (relating to Language Proficiency Assessment Committee (LPAC)) and §89.1226(b)-(f) of this title (relating to Testing and Classification of Students) prior to participation in the summer school program.(d) Operation of the program.(1) Enrollment is optional.(2) School districts that operate on a semester system shall offer 120 hours of instruction:(A) during the period that school is recessed for the summer; and(B) on a one-half day basis for eight weeks or on a similar schedule approved by the board of trustees.(3) School districts that operate on a system other than a semester system shall offer 120 hours of instruction on a schedule approved by the board of trustees.(4) The student/teacher ratio for the program district-wide shall not exceed 18 to 1.(5) A school district is not required to provide transportation for the summer program.(6) Employees providing summer school instruction shall possess certification as required in TEC, §29.061, and §89.1245 of this title (relating to Staffing and Staff Development).(7) Reporting of student progress shall be approved by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term.(8) A school district may join with other school districts in cooperative efforts to plan and implement programs.(9) The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in TEC, §29.153.(e) Funding and records for programs.(1) A school district shall use state and local funds for program purposes.(A) Available funds appropriated by the legislature for the support of summer school programs provided under TEC, §29.060, shall be allocated to school districts in accordance with this subsection.(B) Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to 1. The numbers of students required to earn units shall be established by the commissioner. The allotment per unit shall be determined by the commissioner based on funds available.(C) Any school district required to offer the program under paragraph (2)(A) of this subsection that has fewer than 10 students district-wide desiring to participate is not required to operate the program. However, those school districts shall document that they have encouraged students' participation in multiple ways.(D) Reimbursement payments to school districts for summer school programs shall be based on units employed. This information shall be submitted in a manner and according to a schedule established by the commissioner in order for a school district to be eligible for funding.(2) A school district shall maintain records of eligibility, attendance, and progress of students.</content><note type="source"><p>Source Note: The provisions of this §89.1250 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scBB/s89.1265"><num value="89.1265">§89.1265</num><heading>Program Evaluation</heading><content>(a) All school districts required to implement a bilingual or English as a second language (ESL) program shall conduct an annual evaluation in accordance with Texas Education Code (TEC), §29.053, collecting a full range of data to determine program effectiveness to ensure student academic success. The annual evaluation report shall be presented to the board of trustees before November 1 of each year and the report shall be retained at the school district level in accordance with TEC, §29.062.(b) Annual school district reports of educational performance shall reflect:(1) the academic progress in the language(s) of instruction for emergent bilingual (EB) students by bilingual and/or ESL program model;(2) the extent to which EB students are developing English proficiency by bilingual and/or ESL program model, including proficiency in the partner language for students participating in a dual language immersion program model;(3) the number of students who have been reclassified as English proficient and their continued academic progress after reclassification; and(4) the number of teachers and aides trained and the frequency, scope, and results of the professional development in approaches and strategies that support second language acquisition.(c) In addition, for those school districts that filed in the previous year and/or will be filing a bilingual exception and/or ESL waiver in the current year, the annual district report of educational performance shall also reflect:(1) the number of teachers for whom a bilingual exception or ESL waiver was/is being filed;(2) the number of teachers for whom a bilingual exception or ESL waiver was filed in the previous year who successfully obtained certification;(3) the frequency and scope of a comprehensive professional development plan, implemented as required under §89.1207 of this title (relating to Bilingual Exceptions and English as a Second Language Program Waivers), and results of such plan if a bilingual exception and/or ESL waiver was filed in the previous school year; and(4) the number of students under the bilingual exception and/or ESL waiver who were/are temporarily served with alternative methods.(d) School districts shall report to parents their child's English proficiency development as a result of participation in the program offered to EB students.(e) In alignment with the district improvement plan, each school year, the principal of each school campus, with the assistance of the campus level committee, shall develop, review, and revise the campus improvement plan described in TEC, §11.253, for the purpose of improving student performance for EB students.</content><note type="source"><p>Source Note: The provisions of this §89.1265 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247; amended to be effective February 10, 2025, 50 TexReg 765.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scC"><num value="C">SUBCHAPTER C</num><heading>TEXAS CERTIFICATE OF HIGH SCHOOL EQUIVALENCY</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scC/s89.41"><num value="89.41">§89.41</num><heading>Policy</heading><content>The Texas Education Agency shall be the only agency in Texas authorized to issue a certificate of high school equivalency. Tests shall be administered by authorized contracted testing centers under applicable state law and rules of the State Board of Education.</content><note type="source"><p>Source Note: The provisions of this §89.41 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective December 11, 2011, 36 TexReg 8373.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scC/s89.42"><num value="89.42">§89.42</num><heading>Official Testing Centers</heading><content>(a) Entities eligible to serve as official computer-based testing centers include:(1) an accredited school district;(2) an institution of higher education;(3) an education service center;(4) a local workforce development board;(5) a United States Department of Labor One-Stop Career Center;(6) a United States Department of Labor Job Corps Center;(7) a public or private correctional institution;(8) a public or private technical institution or career preparation school;(9) any other public or private postsecondary institution offering academic or technical education or vocational training under a certificate program or an associate degree program; and(10) an independent, stand-alone testing center.(b) Entities eligible to serve as official paper-based testing centers include:(1) an accredited school district;(2) an institution of higher education;(3) an education service center;(4) an entity approved to provide services under the Adult Education and Family Literacy Act; and(5) a local workforce development board.(c) In order for a testing center to administer a paper-based test, the testing center must certify in its application that it will make the following documentation available upon request by the Texas Education Agency (TEA):(1) a written description of the testing center management structure and how any instruction provided by the center will be separate from testing, including a certification that tests will be administered and/or proctored by an individual that has not provided direct instruction to the test taker in the previous 12 months;(2) a written narrative and photographs that describe and show:(A) the building;(B) distraction-free testing rooms;(C) a separate but attached registration and admission room;(D) sufficient separation of testing space from classrooms used for instruction; and(E) desk layout that includes partitions or sufficient spacing to separate test takers by at least five feet;(3) a written plan detailing how the testing center will ensure test security, including:(A) a secure area for staff to inventory test material and prepare documents for testing sessions;(B) restricted access to administrator workstations, monitors, and printers;(C) a dedicated locked storage unit for secure test material in a locked room with access only to test administrators; and(D) a secure area for the shipping and receiving of all test materials, answer sheets, and related materials;(4) written procedures for administering the test; and(5) a written detailed emergency plan.(d) A testing center that administers a paper-based test must provide to the test vendor for review written procedures for administering the test. In addition, the testing center must notify both the TEA and the test vendor in writing of testing center changes such as testing personnel, testing rooms, storage of secure documentation, the emergency plan, or any other change impacting operations.(e) The appropriate official of an eligible entity desiring to provide the testing service to residents in the community must request approval from the TEA to apply for authorization from the authorized testing organization. If the need for a testing center in the location exists, the appropriate entity official, in writing, shall inform the state administrator appointed by the commissioner of education that the establishment of an official testing center is requested at that particular entity. The contract to operate a center shall be between the applicant entity and the authorized testing organization and its partners.(f) The authorization to function as an official testing center may be withdrawn by the TEA if the testing center is in violation of State Board of Education rules. Potential violations include neglecting to follow test, vendor, or jurisdictional policies and procedures; unauthorized use or sale of test candidate information; or misrepresentation of the testing center's authority to issue transcripts or credentials on behalf of the TEA.(g) A testing center may administer the test by paper, computer, or both, as approved by the TEA, to eligible candidates.</content><note type="source"><p>Source Note: The provisions of this §89.42 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective October 15, 2006, 31 TexReg 8361; amended to be effective December 11, 2011, 36 TexReg 8373; amended to be effective October 10, 2013, 38 TexReg 6914; amended to be effective August 21, 2016, 41 TexReg 6015; amended to be effective December 25, 2016, 41 TexReg 9929.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scC/s89.43"><num value="89.43">§89.43</num><heading>Eligibility for a Texas Certificate of High School Equivalency</heading><content>(a) An applicant for a certificate of high school equivalency shall meet the following requirements.(1) Residence. The applicant must be a resident of Texas or a member of the United States armed forces stationed at a Texas installation.(2) Age.(A) The applicant must be at least 18 years old.(B) An applicant who is 17 years of age is eligible with parental or guardian consent. An applicant who is 17 years of age must submit permission of the applicant's parent or guardian according to procedures established by the Texas Education Agency (TEA). An applicant who is 17 years of age and married, who has entered military service, who has been declared an adult by the court, or who has otherwise legally severed the child/parent relationship is not required to present parent or guardian permission to be tested.(C) An applicant who is at least 16 years of age may test if recommended by a public agency having supervision or custody under a court order. Recommendations must include the applicant's name and date of birth and must be submitted according to procedures established by the TEA by an official of the public agency having supervision or custody of the person under a court order. An applicant who is at least 16 years old may also test if:(i) required to take the examination under a court order issued under the Texas Family Code, §65.103(a)(3);(ii) enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 United States Code, §§2801 et seq.) and its subsequent amendments; or(iii) enrolled in the Texas Military Department's Texas ChalleNGe Academy program.(3) Educational status. The applicant must not have received a high school diploma from an accredited high school in the United States. The applicant must not be enrolled in school, unless the applicant is enrolled in a High School Equivalency Program (HSEP) approved by the TEA. A student who is 17 years of age is eligible to test if the student is enrolled in an HSEP approved by the TEA. The student must comply with the provisions of the HSEP.(4) Minimum test scores. An applicant must achieve the appropriate minimum standard scores in effect at the time the applicant tested as established by the TEA or the designated test organization, as appropriate.(b) Verification that any person being tested meets the eligibility requirements in this section will be provided according to procedures established by the TEA.</content><note type="source"><p>Source Note: The provisions of this §89.43 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386; amended to be effective April 18, 2002, 27 TexReg 3061; amended to be effective October 15, 2006, 31 TexReg 8361; amended to be effective December 11, 2011, 36 TexReg 8373; amended to be effective October 10, 2013, 38 TexReg 6914; amended to be effective August 21, 2016, 41 TexReg 6015.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scC/s89.44"><num value="89.44">§89.44</num><heading>Identification</heading><content>Test centers shall require each examinee to present a driver's license or Texas Department of Public Safety identification card, or a government issued identification card (both national and foreign), provided that the identification includes date of birth, photograph, address, and signature. The examinee must also meet the age, residency, and other requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §89.44 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective April 18, 2002, 27 TexReg 3061; amended to be effective December 11, 2011, 36 TexReg 8373.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scC/s89.45"><num value="89.45">§89.45</num><heading>Retesting</heading><content>An examinee may retest in accordance with retest policies of the examination provider.</content><note type="source"><p>Source Note: The provisions of this §89.45 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective April 18, 2002, 27 TexReg 3061; amended to be effective December 11, 2011, 36 TexReg 8373; amended to be effective August 20, 2014, 39 TexReg 6225.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scC/s89.46"><num value="89.46">§89.46</num><heading>Accommodations</heading><content>(a) Reasonable and appropriate accommodations shall be provided to applicants with documented disabilities that prevent fair access to the high school equivalency examinations.(b) Requests for accommodations must:(1) be submitted in writing for approval from the examination provider; and(2) include appropriate documentation of disability and rationale for each modification requested.(c) No fees or prepayments may be charged to the applicant to evaluate an accommodation request.(d) No additional fees may be charged to the applicant for the administration of the examinations with approved accommodations.</content><note type="source"><p>Source Note: The provisions of this §89.46 adopted to be effective August 20, 2014, 39 TexReg 6225; amended to be effective August 21, 2016, 41 TexReg 6015.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scC/s89.47"><num value="89.47">§89.47</num><heading>Issuance of the Certificate</heading><content>(a) A nonrefundable state administrative fee, calculated by dividing $25 by the number of tests in the battery, will be assessed for each individual test upon registration. A permanent file shall be maintained for all certificates issued.(b) Duplicate certificates will be issued upon request from the client. The client is required to pay a nonrefundable fee of $5.00 for each request for a duplicate certificate. An additional convenience fee of no more than $2.00 per transaction shall be charged to cover the cost of printing certificates online.(c) The certificate of high school equivalency shall indicate the language, format, and provider of each test taken by the applicant.(d) The state administrator appointed by the commissioner of education may disapprove issuance of a certificate or may cancel a certificate under the following conditions:(1) an applicant does not meet eligibility requirements under §89.43 of this title (relating to Eligibility for a Texas Certificate of High School Equivalency);(2) the applicant in any way violates security of the restricted test material;(3) the applicant presents fraudulent identification or is not who he or she purports to be;(4) the applicant uses another person's certificate or test scores in an attempt to defraud; or(5) the applicant willingly allows another person to use his or her certificate or test scores in an attempt to defraud.(e) In the case of nonissuance or cancellation of a certificate, the applicant shall be notified in writing by the state administrator that the certificate will not be issued or may be canceled. A decision by the state administrator appointed by the commissioner is final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §89.47 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386; amended to be effective April 18, 2002, 27 TexReg 3061; amended to be effective June 6, 2004, 29 TexReg 5343; amended to be effective October 15, 2006, 31 TexReg 8361; amended to be effective December 11, 2011, 36 TexReg 8373; amended to be effective October 10, 2013, 38 TexReg 6914; amended to be effective August 21, 2016, 41 TexReg 6015.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scD"><num value="D">SUBCHAPTER D</num><heading>SPECIAL EDUCATION SERVICES AND SETTINGS</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scD/s89.62"><num value="89.62">§89.62</num><heading>Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf</heading><content>(a) For each student enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf, the school district responsible for providing appropriate special education and related services to the student shall share the cost of the student's education (excluding the summer programs) as provided under the Texas Education Code, §30.003.(1) The information required in accordance with the Texas Education Code, §30.003(d), must be submitted in a form prescribed by the commissioner of education within 30 calendar days after the student enrolls in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf.(2) School districts required to remit their shares to the Texas Education Agency in accordance with the Texas Education Code, §30.003(d), shall do so within 60 days of notification by the commissioner of education.(b) School districts shall provide, annually, in writing to each parent or legal guardian of an eligible student with visual or auditory impairments, the information specified in the Texas Education Code, §30.004(a)(1)-(3), before considering the student's placement for special education services.</content><note type="source"><p>Source Note: The provisions of this §89.62 adopted to be effective September 1, 1996, 21 TexReg 5690.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING HIGH SCHOOL EQUIVALENCY PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1401"><num value="89.1401">§89.1401</num><heading>Purpose</heading><content>The purpose of a High School Equivalency Program approved by the commissioner of education is to prepare eligible students to take the high school equivalency examination.</content><note type="source"><p>Source Note: The provisions of this §89.1401 adopted to be effective April 28, 2010, 35 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1403"><num value="89.1403">§89.1403</num><heading>Student Eligibility</heading><content>A student is eligible to participate in a High School Equivalency Program if:(1) the student has been ordered by a court under Texas Family Code, §65.103, or by the Texas Juvenile Justice Department to:(A) participate in a preparatory class for the high school equivalency examination; or(B) take the high school equivalency examination administered under the Texas Education Code (TEC), §7.111; or(2) the following conditions are satisfied:(A) the student is at least 16 years of age at the beginning of the school year or semester;(B) the student is at risk of dropping out of school, as defined by the TEC, §29.081;(C) the student and the student's parent, or person standing in parental relation to the student, agree in writing to the student's participation; and(D) at least two school years have elapsed since the student first enrolled in Grade 9 and the student has accumulated less than one third of the credits required to graduate under the minimum graduation requirements of the district or school.</content><note type="source"><p>Source Note: The provisions of this §89.1403 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective May 2, 2004, 29 TexReg 3957; amended to be effective September 18, 2006, 31 TexReg 7988; amended to be effective April 28, 2010, 35 TexReg 3259; amended to be effective February 14, 2017, 42 TexReg 555.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1405"><num value="89.1405">§89.1405</num><heading>Application to Operate a High School Equivalency Program</heading><content>(a) Applicant eligibility. Any school district or open-enrollment charter school may apply for authorization to operate a High School Equivalency Program (HSEP).(b) Cooperative HSEP criteria. A cooperative of school districts or open-enrollment charter schools may apply for permission to operate a cooperative HSEP if it operates pursuant to a written agreement. The fiscal agent of a cooperative HSEP is responsible for complying with all requirements of this subchapter.(c) Application process.(1) As part of the application process, the commissioner of education will require a school district or open-enrollment charter school to provide information regarding the operation of any similar program during the preceding five years.(2) Reported historical information disaggregated by ethnicity, age, gender, and socioeconomic status will include, but not be limited to:(A) the total number of students served in the program;(B) the number of program participants who passed the high school equivalency examination; and(C) when available, information on students' subsequent attendance in postsecondary educational programs.(3) The Texas Education Agency (TEA) will make available to eligible school districts and open-enrollment charter schools an application form that must be completed and submitted to the TEA for approval.</content><note type="source"><p>Source Note: The provisions of this §89.1405 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective May 2, 2004, 29 TexReg 3957; amended to be effective April 28, 2010, 35 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1407"><num value="89.1407">§89.1407</num><heading>Public Hearing</heading><content>(a) The board of trustees of a school district or the governing board of an open-enrollment charter school must hold a public hearing concerning the proposed application of the district or school before applying to operate a High School Equivalency Program (HSEP).(b) The board of trustees of a school district or the governing board of an open-enrollment charter school must hold a public hearing annually to review the performance of the HSEP.</content><note type="source"><p>Source Note: The provisions of this §89.1407 adopted to be effective November 27, 2001, 26 TexReg 9620.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1409"><num value="89.1409">§89.1409</num><heading>Assessment</heading><content>(a) A student entering a High School Equivalency Program (HSEP) must take:(1) each state assessment instrument required for the student's applicable grade or cohort prior to entering the program; and(2) each state assessment instrument required for the student's applicable grade or cohort during the period in which the student is enrolled in the program.(b) A student entering an HSEP by order of the court under Texas Family Code, §65.103, or by order of the Texas Juvenile Justice Department, is exempt from the assessment requirements specified in subsection (a) of this section.(c) The school district or open-enrollment charter school operating an approved HSEP must present to the Texas Education Agency (TEA) proof that a student has been administered the assessment instruments required by subsection (a) of this section. The TEA will not allow an HSEP student to take the high school equivalency examination without proof from the approved HSEP that the student has been administered the required assessment instruments. A student who is enrolled in an HSEP as described in this section and withdraws from the HSEP before taking the assessment instruments required by this subsection cannot take the high school equivalency examination until after the individual's 18th birthday.(d) The school district or open-enrollment charter school operating an approved HSEP must inform each student who has completed the program of the time and place at which the student may take the high school equivalency examination as authorized by the TEC, §7.111. A student must be over 17 years of age or meet other requirements specified in the TEC, §7.111, to take the high school equivalency examination.</content><note type="source"><p>Source Note: The provisions of this §89.1409 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective May 2, 2004, 29 TexReg 3957; amended to be effective September 18, 2006, 31 TexReg 7988; amended to be effective April 28, 2010, 35 TexReg 3259; amended to be effective February 14, 2017, 42 TexReg 555.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1411"><num value="89.1411">§89.1411</num><heading>Attendance</heading><content>(a) A student may attend a High School Equivalency Program (HSEP) a maximum of 600 minutes, or ten hours, of instruction per day.(b) A student may only participate in an HSEP that is operated by the school district or open-enrollment charter school in which the student is enrolled.(c) School districts and open-enrollment charter schools must report student HSEP attendance in a manner provided by the Texas Education Agency. The school district or open-enrollment charter school must report total contact minutes and identify excess minutes not eligible for funding purposes.(d) A student may be enrolled in only an HSEP or may be enrolled in an HSEP in combination with regular attendance and/or special program attendance during the school day.</content><note type="source"><p>Source Note: The provisions of this §89.1411 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective April 28, 2010, 35 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1413"><num value="89.1413">§89.1413</num><heading>Funding Under the Texas Education Code, Chapters 41, 42, and 46</heading><content>(a) For a student enrolled in only a High School Equivalency Program (HSEP), the following funding rules apply.(1) A student is counted as in attendance based on the actual number of minutes each school day the student receives instruction in the HSEP and/or traditional classes toward graduation requirements.(2) A student must receive instruction in the HSEP (or HSEP in combination with traditional coursework) at least 45 minutes on a given day for instructional contact time to be recorded. If actual instructional contact time in the HSEP (or HSEP in combination with traditional classes) does not equal at least 45 minutes, the district must record zero minutes of instructional contact time for that day.(3) A log of program instructional contact time must be separately maintained for each student participating in the HSEP.(4) During the time a student receives instruction in the HSEP, any time in attendance in courses that may be counted toward graduation credit will also be measured as instructional contact time, but must be separately recorded.(5) The maximum number of instructional minutes allowed each school day, including any instructional time accounted for in traditional courses toward graduation requirements, is 600 minutes or ten hours.(6) To determine attendance for Public Education Information Management System (PEIMS) reporting and Foundation School Program (FSP) funding purposes, instructional contact time recorded for the HSEP will be summed with attendance time in courses toward graduation each six-week reporting period.(7) Instructional contact time is funded at the same rate under the FSP formulas as attendance for a full-time equivalent student. A full-time equivalent student is expected to have 1,080 contact hours per year.(b) Attendance in an HSEP that is not authorized or does not meet the requirements of the Texas Education Code, §29.087, or this subchapter is not eligible for state funding.</content><note type="source"><p>Source Note: The provisions of this §89.1413 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective April 28, 2010, 35 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1415"><num value="89.1415">§89.1415</num><heading>Extracurricular Participation</heading><content>Under the Texas Education Code, §29.087(g), a student enrolled in a High School Equivalency Program may not participate in a competition or activity sanctioned by the University Interscholastic League.</content><note type="source"><p>Source Note: The provisions of this §89.1415 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective April 28, 2010, 35 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1417"><num value="89.1417">§89.1417</num><heading>Conditions of Program Operation</heading><content>(a) A school district or open-enrollment charter school operating a High School Equivalency Program (HSEP) must comply with all assurances in the program application. Approved HSEPs will be required to submit data as stated in the assurances section of the program application.(b) A student enrolled in an HSEP must be offered at a minimum 420 minutes of instruction per school day and 75,600 instructional minutes per calendar year.</content><note type="source"><p>Source Note: The provisions of this §89.1417 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective May 2, 2004, 29 TexReg 3957; amended to be effective April 28, 2010, 35 TexReg 3259; amended to be effective February 14, 2017, 42 TexReg 555.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scDD/s89.1419"><num value="89.1419">§89.1419</num><heading>Revocation of Authorization to Operate a High School Equivalency Program</heading><content>(a) The commissioner of education may revoke authorization of a High School Equivalency Program (HSEP) based on the following factors:(1) noncompliance with application assurances and/or the provisions of this subchapter;(2) lack of program success as evidenced by progress reports, program data including factors specified in the Texas Education Code (TEC), §29.087(l), and/or on-site monitoring visits; or(3) failure to provide accurate, timely, and complete information as required by the Texas Education Agency and specified in the TEC, §29.087, to evaluate the effectiveness of the HSEP.(b) A revocation of an approved HSEP takes effect for the semester immediately following the date on which the revocation is issued.(c) An HSEP is entitled to a ten-day notice of the proposed revocation and an informal review by the commissioner's designee.(d) A decision by the commissioner to revoke the authorization of an HSEP is final and may not be appealed.(e) The HSEP is a state program subject to a special accreditation investigation under the TEC, Chapter 39. Sanctions under the TEC, Chapter 39, may be imposed on a school district or an open-enrollment charter school for failure to comply with the HSEP requirements.</content><note type="source"><p>Source Note: The provisions of this §89.1419 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective April 28, 2010, 35 TexReg 3259.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scEE"><num value="EE">SUBCHAPTER EE</num><heading>COMMISSIONER'S RULES CONCERNING THE COMMUNITIES IN SCHOOLS PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scEE/s89.1501"><num value="89.1501">§89.1501</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Case-managed student--A student who is assessed to be in need of and receives Communities In Schools (CIS) services to address academic, attendance, behavior, and/or social service needs related to improving student achievement according to the requirements in the grant application.(2) Developing program--An entity funded through the replication process for the purposes of establishing and implementing a local CIS program within a five-year period following the requirements in the grant application.(3) Local CIS program--A Communities In Schools 501(c)(3) non-profit organization established in accordance with the program model and state guidelines authorized by state law and meeting all the requirements in the grant application for establishing and maintaining a local CIS program.</content><note type="source"><p>Source Note: The provisions of this §89.1501 adopted to be effective July 4, 2005, 30 TexReg 3867; amended to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820; amended to be effective September 13, 2016, 41 TexReg 7086; amended to be effective July 13, 2021, 46 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scEE/s89.1503"><num value="89.1503">§89.1503</num><heading>Funding</heading><content>(a) Equitable funding formula. As authorized by the Texas Education Code (TEC), §33.156, the Texas Education Agency (TEA) shall establish the funding of local Communities In Schools (CIS) programs in accordance with this section. State and federal funds remaining after allocations described in subsection (c)(1) of this section shall be allocated to local CIS programs.(b) Developing programs.(1) A developing program may receive a funding amount each year for a minimum of five years, including the first-year start-up funding for planning purposes. Priority will be given to developing programs as funds are allocated.(2) A developing program that has met all the requirements for establishing a local CIS program before the fifth year may request to be considered as a local CIS program for funding determined under subsection (c)(2) of this section if approved by the TEA.(c) Allocation.(1) Annually, after federal and state funds for the CIS program have been set aside for administration, no more than 10% in total may be allocated for the following:(A) CIS database development and maintenance;(B) grant opportunities, as applicable, in accordance with subsection (f) of this section; and(C) state leadership activities benefitting local CIS programs in accordance with the TEC, §33.154.(2) Local CIS programs shall receive a funding amount each year to be allocated based on the following criteria:(A) an equal base amount of funds, as determined by the TEA;(B) no less than 50% nor more than 80% of the specified funding amount based on the relative proportion of the number of case-managed students to be served by each local CIS program to the total number of case-managed students to be served by all local CIS programs;(C) no less than 5.0% nor more than 15% of the specified funding amount based on the weighted financial resources of the individual communities and school districts, if less than the average financial resources of all school districts participating in the program.(i) Data elements used for calculation of the financial resources allocation. Weighted financial resources will be determined using the following data elements from the most recent school year for which final data are available:(I) taxable property values determined in accordance with Texas Government Code, Chapter 403, Subchapter M, for school districts listed in each program's current grant application;(II) weighted average daily attendance (WADA), as reported by the school districts and verified by the TEA, in school districts listed in each program's current grant application; and(III) the number of eligible students at the campus level, as reported by the school districts and verified by the TEA, in school districts listed in each program's current grant application.(ii) Method used for calculation of the weighted financial resources. Weighted financial resources of a local CIS program are calculated in the following way.(I) The weighted average taxable property value per WADA (wealth per WADA) for all local CIS programs is determined by first multiplying the wealth per WADA for each district within the CIS program by the district's WADA, summing the results for all districts, and then dividing the resulting sum by the total WADA in the CIS program.(II) The average wealth per WADA for all CIS programs is then calculated.(III) A local CIS program with a below-average wealth per WADA receives weighted financial resources. The weighted financial resources for a local CIS program with a below-average wealth per WADA are calculated as follows.(-a-) The weighted eligible students number is derived by dividing the eligible students number by the ratio of the local CIS program's wealth per WADA to the average program wealth per WADA.(-b-) The weighted eligible students numbers for all programs with a below-average wealth per WADA are summed.(-c-) The ratio of each individual program's weighted eligible students to the total weighted eligible students is applied to the total amount allocated for the financial resources allocation. This amount forms the program's financial resources allocation.(3) If a local CIS program declines to accept allocated grant funds, the TEA may redistribute grant funding competitively, equally, or based on a formula among participating local CIS programs.(d) CIS program replication and expansion. Should the legislature authorize an increase in the funds appropriated for the state CIS program or should funds become available because of loss of program funding or grant revocation, the TEA may designate an amount of the increase to be reserved for replication and/or expansion.(1) Replication. The TEA may determine and retain a funding amount for replication of the CIS program in areas of the state that are not served by a participating CIS program. Replication funds may be made available through a competitive request for application process or through any other process the TEA deems necessary. First-year replication funding may be a one-time planning grant for the development of a business plan.(2) Expansion. The TEA may determine and retain a funding amount for expansion of the CIS program.(e) CIS program merger. For purposes of funding, only local CIS programs geographically adjacent to one another may merge into one CIS program. If two or more local CIS programs merge into one CIS program, the equal base allotment as determined in subsection (c)(2)(A) of this section may be allocated to the merged CIS program for a maximum of two years after the merger takes place. After two years, the merged CIS program will be considered a single CIS program within the funding formula and receive one equal base allotment. Local CIS programs seeking to merge for funding purposes must submit to TEA, prior to the posting of the subsequent school year's CIS Grant Program Guidelines, a proposed plan for the merger describing the need for the merger and the local educational agencies to be served.(f) Special initiatives. If the TEA partners or contracts with other agencies or entities to implement special initiatives, activities, or programs that support dropout prevention efforts, local CIS programs will have the discretion of whether to participate in the special initiatives. Selection of local CIS programs for participation may be determined by the TEA and the partner, or contractor, depending on the variables of the initiative.</content><note type="source"><p>Source Note: The provisions of this §89.1503 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820; amended to be effective September 13, 2016, 41 TexReg 7086; amended to be effective July 13, 2021, 46 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scEE/s89.1504"><num value="89.1504">§89.1504</num><heading>Demonstration of Community Participation</heading><content>(a) Each local Communities In Schools (CIS) program must provide cash contributions to operate the CIS program in an amount equal to at least 25% of the total funding allocated to the local CIS program by the Texas Education Agency (TEA). The contribution may be met using private, local, or state sources. Developing programs must comply with this provision beginning in the second year of operation.(b) The TEA may choose not to award funding to a local CIS program if the TEA determines that the total estimated allocation by the TEA and the local CIS program's matching contribution of 25% is insufficient to adequately serve the required number of case-managed students as determined in §89.1507 of this title (relating to Case-Managed Students) or serve them within the required maximum number of case-managed students per site staff member as determined in the grant application.</content><note type="source"><p>Source Note: The provisions of this §89.1504 adopted to be effective December 27, 2011, 36 TexReg 8820; amended to be effective September 13, 2016, 41 TexReg 7086; amended to be effective July 13, 2021, 46 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scEE/s89.1505"><num value="89.1505">§89.1505</num><heading>Eligibility and Grant Application</heading><content>(a) A local Communities In Schools (CIS) program or a developing program must submit a grant application each year in accordance with procedures established by the commissioner of education.(b) To remain eligible for grant funding, a local CIS program or a developing program must meet all deadlines and requirements set forth in §89.1511 of this title (relating to Performance Standards and Revocation of Grant Award) and in the grant application.</content><note type="source"><p>Source Note: The provisions of this §89.1505 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective September 13, 2016, 41 TexReg 7086.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scEE/s89.1507"><num value="89.1507">§89.1507</num><heading>Case-Managed Students</heading><content>(a) Each local Communities In Schools (CIS) program is required to serve a specific number of case-managed students each year. The specific number of case-managed students to be served will be identified in the annual grant application.(b) To determine the number of case-managed students to be served by each local CIS program, the Texas Education Agency (TEA) will apply one of the following calculations:(1) the relative proportion of the number of eligible students attending the campuses served or to be served by the respective local CIS program to the number of eligible students in all campuses served or to be served by all CIS programs;(2) the relative proportion of the number of campuses served or to be served according to the most recent data by the respective local CIS program to the number of campuses served or to be served by all CIS programs; or(3) the relative proportion of the specified number of case-managed students for the respective local CIS program as identified in the current year's grant application to the total number of case-managed students for all CIS programs.</content><note type="source"><p>Source Note: The provisions of this §89.1507 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820; amended to be effective September 13, 2016, 41 TexReg 7086; amended to be effective July 13, 2021, 46 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scEE/s89.1511"><num value="89.1511">§89.1511</num><heading>Performance Standards and Revocation of Grant Award</heading><content>(a) Performance standards for a local Communities In Schools (CIS) program regarding the number of case-managed students served.(1) A local CIS program that fails to serve the number of case-managed students indicated in its grant application by the end of the school year of any given year may receive a reduced case-managed student target the following grant year and a proportional reduction in funding.(2) A local CIS program that exceeds the required maximum number of case-managed students per site staff member as determined in the grant application may receive a reduced case-managed target and a proportional reduction in funding.(3) Following the end of a given school year, a local CIS program that fails to serve the number of case-managed students identified in its grant application or fails to meet the ratio of students per site staff member on at least one campus as established in the grant application must submit to the Texas Education Agency (TEA) a Program Improvement Plan (PIP) detailing how the CIS program will reach the case-managed student target or reduce the ratio as required. The PIP must include the following:(A) local program contact information;(B) the number of case-managed students listed in the grant application;(C) the actual number of case-managed students served;(D) an explanation detailing the reasons the local CIS program did not serve the number of case-managed students indicated in its grant application or exceeded the maximum ratio of students per site staff member on at least one campus;(E) a list of the proposed strategies and initiatives that will be implemented to meet the case-managed student target or reduce the ratio of students per site staff member;(F) timelines for each proposed strategy and initiative, including how the effectiveness of each strategy will be monitored, who will monitor each strategy, and when monitoring will occur; and(G) a list of fiscal, logistical, and human resources necessary to meet the case-managed student target or maximum ratio of students per site staff member.(4) A local CIS program may have its grant award non-renewed, reduced, or revoked if it fails to meet its case-managed student target or the ratio of students per site staff member as identified in the grant application for three years out of a four-year period.(b) Performance standards for a local CIS program regarding state targets in academic achievement, behavior, dropout rates, graduation, and promotion/retention.(1) In accordance with the Texas Education Code (TEC), §33.154(a)(2), performance standards that consider student academic achievement, behavior, dropout rates, graduation, and promotion/retention shall be established for local CIS programs within the annual grant application.(2) Each local CIS program shall report data to the TEA that indicates performance on the established standards. Pursuant to the TEC, §33.154(a)(7)(B), each school district that participates in a CIS program shall provide to the local CIS or developing program necessary student information and data for each student whose parent or legal guardian has authorized in writing that educational records be shared with the CIS program and the TEA. Such information and data may include records on a student's academic achievement, promotion, attendance, disciplinary referrals, free/reduced-price lunch status, at-risk status, or health-related information in accordance with the written authorization obtained by the local CIS program from the student's parent or legal guardian. A local CIS program or developing program may provide this information and data to the TEA in accordance with the grant application.(3) Local CIS programs shall report student growth performance standards using the indicators outlined in the grant application.(4) The TEA shall notify local CIS programs that did not meet performance standards in any area, within a 5.0% variance, following the end of each school year.(5) A local CIS program that fails to meet performance standard(s) in any area within a 5.0% variance must submit to the TEA a PIP detailing how the CIS program will improve in the performance standard by the end of the next grant year period. The PIP shall include the following:(A) local program contact information;(B) a list of the performance standard(s) as listed in the grant application with the program's associated performance percentages;(C) an explanation detailing the reason(s) the local CIS program did not meet the performance standard(s);(D) a list of the proposed strategies and initiatives that will be implemented to meet the performance standard(s) that were not met;(E) timelines for each proposed strategy and initiative, including how the effectiveness of each strategy will be monitored, who will monitor each strategy, specific data to be reviewed, and when monitoring will occur; and(F) a list of fiscal, logistical, and human resources necessary to reach the performance standard(s).(6) The TEA will review and provide feedback on PIPs.(7) TEA reserves the right to create an Action Plan to address deficiencies in grantee performance. The Action Plan would set forth actions aligned to the expectations within the CIS Grant Program Guidelines.(d) Performance standards for a developing program. A developing program that does not meet the requirements for establishing a local CIS program as specified in the request for application may have its grant funding non-renewed or revoked in accordance with subsection (e)(2) of this section.(e) Revocation of grant award.(1) The commissioner may deny renewal of or future eligibility for the grant award of a local CIS program based on any of the following:(A) non-compliance with the grant application assurances and/or requirements;(B) failure to improve after being placed on a PIP for three consecutive years; or(C) failure to comply with a TEA Action Plan.(2) The commissioner may deny renewal of or revoke the grant award of a developing program based on any of the following:(A) non-compliance with the grant application assurances and/or requirements;(B) lack of program success as evidenced by progress reports and program data;(C) failure to meet performance standards specified in the application; or(D) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the developing program.(3) A decision by the commissioner to deny renewal or revoke authorization of a grant award is final and may not be appealed.(4) Revoked funds may be used for CIS program replication and/or expansion in accordance with §89.1503(d) of this title (relating to Funding).(5) A program whose grant has been non-renewed or revoked is eligible to apply for replication funding in accordance with §89.1503(d) of this title after one year from the fiscal year the grant was non-renewed or revoked.</content><note type="source"><p>Source Note: The provisions of this §89.1511 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820; amended to be effective September 13, 2016, 41 TexReg 7086; amended to be effective July 13, 2021, 46 TexReg 4141.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scFF"><num value="FF">SUBCHAPTER FF</num><heading>COMMISSIONER'S RULES CONCERNING TRANSITION ASSISTANCE FOR HIGHLY MOBILE STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1601"><num value="89.1601">§89.1601</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise.(1) Caseworker--A person who works on behalf of a student in the Texas Department of Family and Protective Services (DFPS) Managing Conservatorship to make decisions regarding the student's case.(2) Educational and course programs--Programs intended to provide instruction to students in conjunction with or outside of the required curriculum, which may include, but are not limited to, gifted and talented services, bilingual or special language services for emergent bilingual students, career and technical education, and early college high school.(3) Educational decision-maker--A person designated by DFPS or a court to make education decisions on behalf of youth in substitute care.(4) Enrollment conference--A student-centered meeting between key school district or open-enrollment charter school staff and the newly enrolled student and/or the student's parent or guardian that occurs within the first two weeks of enrollment, as soon as feasible, at a new school to collaboratively ease transitions; identify the student's academic strengths and extracurricular interests; introduce school processes and opportunities for engagement; and identify any interventions and additional support services (e.g., special education or Section 504 services, academic and/or behavioral interventions, social and emotional needs, college and career readiness). The student's attendance in the conference should be addressed on a case-by-case basis.(5) Foster care--Twenty-four-hour substitute care for children placed away from their parents or guardians for whom DFPS has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, childcare institutions, and pre-adoptive homes.(6) Foster care liaison--The individual each school district or open-enrollment charter school appoints to act as a liaison to facilitate enrollment or transfer of a child who is in conservatorship of the state, pursuant to Texas Education Code, §33.904.(7) Homeless--This term has the meaning assigned to the term "homeless children and youths" under 42 United States Code (USC), §11434a.(8) McKinney-Vento liaison--A person designated by a school district or an open-enrollment charter school pursuant to the McKinney-Vento Homeless Assistance Act (42 USC, §11432(g)(1)(J)(ii)), to ensure homeless children and youth are identified and enrolled, with a full and equal opportunity to succeed, in schools.(9) Records--Documents in printed or electronic form that include, but are not limited to, student transcripts; individual course grades; academic achievement records; course credits, whether full or partial; individualized education program referrals; intervention data; immunizations; state assessment scores; student attendance data; disciplinary reports; graduation endorsements; special education/Section 504 committee records; performance acknowledgements; and personal graduation plans.(10) Substitute care--The placement of a child who is in the conservatorship of DFPS in care outside the child's home. The term includes foster care, institutional care, pre-adoptive homes, placement with a relative of the child, or commitment to the Texas Juvenile Justice Department under Texas Family Code, §263.001(a)(4).(11) Welcome packet--A compilation of school district or open-enrollment charter school and community resources provided to new students within the first two weeks of enrollment at a new school that helps to familiarize the student with the school.</content><note type="source"><p>Source Note: The provisions of this §89.1601 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1603"><num value="89.1603">§89.1603</num><heading>Transfer of Student Records and Transcripts</heading><content>(a) School districts and open-enrollment charter schools shall ensure that school records for students who are identified as homeless or in substitute care are transferred to the student's new school after receiving a request for records.(b) Student records must be requested, sent, and received using the Texas Records Exchange (TREx) system.(c) School districts and open-enrollment charter schools are required to transfer student records within 10 working days of receipt of a request from a district or charter school to which a student who is homeless or in substitute care enrolls, as required by Texas Education Code (TEC), §25.002(a-1). The discretionary authority under TEC, §31.104(d), to withhold records of a student if the student has not returned or paid for instructional materials or technological equipment does not exempt a district or charter school from the mandatory provision in TEC, §25.002, to send records to another public school in which the student enrolls.(d) If a school district or an open-enrollment charter school fails to receive the required information within 10 working days, the requesting district or charter school may report the noncompliant district or charter school to the division responsible for TREx support at the Texas Education Agency.(e) Proof of enrollment in a different school district or open-enrollment charter school permits retroactive withdrawal to the date a student enrolled in the new school. The date of enrollment in the new district or charter school is considered the date of withdrawal from the previous district or charter school.</content><note type="source"><p>Source Note: The provisions of this §89.1603 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1605"><num value="89.1605">§89.1605</num><heading>Development of Systems to Ease Transitions and Establish Procedures to Lessen the Adverse Impact of Movement of a Student</heading><content>(a) School districts and open-enrollment charter schools shall develop systems to ease transition of a student who is homeless or in substitute care during the first two weeks of enrollment at a new school. These systems shall include the following:(1) welcome packets containing applicable information regarding enrollment in extracurricular activities, club activities, information on fee waivers, tutoring opportunities, the student code of conduct, available student supports, and contact information for key school staff members such as principals, registrars, counselors, designated liaisons, nutrition coordinators, and transportation specialists;(2) introductions for new students that maintain student privacy and confidentiality to the school environment and school processes by school district or charter school faculty, campus-based student leaders, or ambassadors; and(3) mechanisms to ensure that a process is in place for all students who qualify to receive nutrition benefits upon enrollment, as all students who are homeless or in substitute care are eligible for United States Department of Agriculture Child Nutrition Programs. The process must expedite communication with the district or charter school nutrition coordinator to ensure that eligible students are not charged in error or experience delays in receiving these benefits.(b) School districts and open-enrollment charter schools shall convene an enrollment conference within the first two weeks, or as soon as feasible, after a student who is homeless or in substitute care enrolls at a new school.(1) The convening of the enrollment conference shall not delay or impede the enrollment of the student.(2) The student's attendance in the conference should be addressed on a case-by-case basis. The enrollment conference may be used in conjunction with an existing meeting that is designed for similar purposes for newly enrolled students.(3) The enrollment conference shall address the student's credit recovery, credit completion, attendance plans and trauma-informed interventions, interests and strengths, discipline or behavior concerns, previous successes, college readiness, and social and emotional supports as well as district policies relating to transfers and withdrawals and communication preferences with parents or guardians. The enrollment conference may be comprised of:(A) school administrators;(B) McKinney-Vento or foster care liaisons;(C) social workers;(D) teachers;(E) school counselors;(F) dropout prevention specialists;(G) attendance/truancy officers;(H) the relative caregiver, foster placement caregiver, or Texas Department of Family and Protective Services (DFPS) caseworker;(I) the DFPS designated educational decision-maker;(J) the DFPS caseworker, Court Appointed Special Advocates (CASA) volunteer, or other volunteers, as applicable; and(K) a parent or guardian, unless the caseworker indicates the parent's or guardian's rights to participate have been restricted by the court.(c) School districts and open-enrollment charter schools must provide professional development opportunities and resources to support key staff members such as principals, registrars, counselors, designated liaisons, nutrition coordinators, and transportation specialists on local processes and procedures for facilitating successful school transitions for students who are homeless or in substitute care.(d) School districts and open-enrollment charter schools must use the Texas Records Exchange (TREx), the Personal Identification Database (PID), or the Person Enrollment Tracking (PET) application to facilitate records transfer and expedite coordination and communication between the sending and receiving schools. In cases where records from the student's previous school are missing or cannot be located, school districts and open-enrollment charter schools should use the Texas Student Data System (TSDS) Unique ID application to identify where the student was previously enrolled.</content><note type="source"><p>Source Note: The provisions of this §89.1605 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1607"><num value="89.1607">§89.1607</num><heading>Evaluation of Student Records for Students Who Are Homeless or in Substitute Care</heading><content>(a) School districts and open-enrollment charter schools shall adopt a local policy to ensure credit, including proportionate credit, has been awarded appropriately to a student who is homeless or in substitute care for coursework completed prior to the student enrolling in or transferring to the district or charter school in accordance with §74.26 of this title (relating to Award of Credit).(b) School districts and open-enrollment charter schools must ensure that student records or transcripts provided by the previous district or charter school are evaluated promptly and are complete, accurate, and up to date.(c) The receiving school district or open-enrollment charter school must develop, maintain, and regularly update local records and documentation, including transcripts if applicable, for a student who is homeless or in substitute care.(d) School districts and open-enrollment charter schools must ensure that the records or transcripts of a student who is homeless or in substitute care and transferring from out of-state, out of country, or a Texas nonpublic school are evaluated and the award of credit is determined in a timely manner, as required by §74.26(a)(2) of this title.(e) School districts and open-enrollment charter schools must award credit proportionately to a student who is homeless or in substitute care who successfully completes only half of a course, as required by §74.26 of this title. Districts and charter schools must evaluate the student record upon a student's enrollment and ensure that proportionate credit has been awarded appropriately.(f) If a school district or open-enrollment charter school determines that there are courses in which a student was enrolled but for which the student has not earned credit, the district or charter school may use a variety of methods to determine whether the student may be eligible for full or proportionate credit for coursework completed. The award of credit must be based on demonstrated proficiency in all state and local requirements for a course in accordance with §74.26 of this title.(g) School districts and open-enrollment charter schools must provide opportunities for a student who is homeless or in substitute care who enrolls in the district or charter school after the start of the school year to be administered credit by examination at any point during the school year, as required by §74.24 of this title (relating to Credit by Examination).(h) School districts and open-enrollment charter schools must:(1) develop processes for students who have credit deficits or incomplete coursework that would impede on-time promotion or graduation to earn credit and implement appropriate academic interventions to address any credit deficiencies identified;(2) develop and administer a personal graduation plan in accordance with Texas Education Code, (TEC), §28.0212, for each student in junior high or middle school who is not likely to receive a high school diploma before the fifth school year following the student's enrollment in Grade 9, as determined by the district or charter school, or does not perform satisfactorily on a state assessment instrument administered under TEC, Chapter 39, Subchapter B;(3) review personal graduation plan options with each student entering Grade 9 and with that student's parent or guardian as required by TEC, §28.02121. Before the conclusion of the school year, the student and the student's parent or guardian must confirm and sign a personal graduation plan for the student;(4) ensure that school staff actively engage with the student and the student's parent or guardian, as applicable, to develop a plan to recover credits if the student has credit deficits or incomplete coursework that would impede on-time promotion or graduation; and(5) comply with TEC, §28.025(i), concerning the award of diplomas for students who are homeless or in substitute care who are in Grade 11 or 12.</content><note type="source"><p>Source Note: The provisions of this §89.1607 adopted to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1609"><num value="89.1609">§89.1609</num><heading>Placement in Educational Programs and Courses</heading><content>(a) School districts and open-enrollment charter schools must establish procedures to receive, review, and assess student records for the initial course and educational program placement for a student who is homeless or in substitute care upon enrollment at a new school.(b) School districts and open-enrollment charter schools must ensure that a student who is homeless or in substitute care has the opportunity to pursue the same endorsement categories, to the extent possible. If only one endorsement is offered, it must be multidisciplinary studies.(c) To the extent possible, school districts and open-enrollment charter schools shall ensure the continuation of a student's course and educational programs, if appropriate, from the previous district or charter school by placing the student in comparable courses and programs for which they are eligible.(d) School districts and open-enrollment charter schools shall promote placement in academically challenging and career preparation courses.</content><note type="source"><p>Source Note: The provisions of this §89.1609 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1611"><num value="89.1611">§89.1611</num><heading>Promotion of Access to Educational and Extracurricular Programs, Summer Programs, Credit Transfer Services, Electronic Courses, and After-School Tutoring Programs for Students Who Are Homeless or in Substitute Care</heading><content>(a) School districts and open-enrollment charter schools must develop processes to increase awareness of opportunities available to students who are homeless or in substitute care to participate in extracurricular programs, summer programs, credit transfer services, electronic courses, and after-school tutoring programs.(b) School districts and open-enrollment charter schools must identify and remove barriers, whenever possible, to participation by students who are homeless or in substitute care in extracurricular programs, summer programs, credit transfer services, electronic courses, and after-school tutoring programs.(c) Appropriate school district or open-enrollment charter school staff must facilitate the process to complete and submit a University Interscholastic League waiver of residence application form for a student who is homeless and plans to participate in varsity athletics. In compliance with Texas Education Code, §25.001(f), a durational residence requirement may not be used to prohibit a student in substitute care from fully participating in any activity sponsored by the school district.</content><note type="source"><p>Source Note: The provisions of this §89.1611 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1613"><num value="89.1613">§89.1613</num><heading>Promotion of Postsecondary Information</heading><content>(a) The provisions of this subsection apply both for students who are homeless and students who are in substitute care.(1) School district and open-enrollment charter school counselors or other designated staff shall work with district McKinney-Vento and foster care liaisons to ensure that all students who are identified as homeless or in substitute care graduate with endorsements, if applicable, and have postsecondary plans identified in their personal graduation plans, to the extent required by Texas Education Code (TEC), §28.02121.(2) School districts and open-enrollment charter schools must provide postsecondary counseling in alignment with TEC, §33.007, for all students, including students who are homeless or in substitute care.(3) School districts and open-enrollment charter schools must connect students to college readiness initiatives, campus visits, and other postsecondary preparation opportunities provided by the school district or open-enrollment charter school.(4) School counselors must provide information about postsecondary education to the student and the student's parent or guardian during the first school year a student is enrolled in high school and each subsequent year throughout high school.(b) The provisions of this subsection apply only for students who are homeless.(1) McKinney-Vento liaisons must inform unaccompanied homeless youths of their status as independent students for the purpose of applying for financial aid for higher education and provide verification of such status for the Free Application for Federal Student Aid (FASFA), pursuant to 42 United States Code, §11432(g)(6)(A)(x)(III).(2) School counselors must assist and advise students experiencing homelessness with college preparation and readiness, pursuant to 42 United State Code, §11432(g)(1)(K).(c) The provisions of this subsection apply only for students who are in substitute care.(1) School districts and open-enrollment charter schools shall ensure that a student in substitute care who is enrolled in Grade 11 or 12 is provided information regarding tuition and fee exemptions under TEC, §54.366, for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit.(2) School districts and open-enrollment charter schools shall inform students in substitute care of tuition and fee exemptions under TEC, §54.367, regarding monthly payments, medical assistance benefits, and reimbursement of fees.(3) School districts and open-enrollment charter schools shall ensure students in substitute care are informed that every higher education institution in Texas has a designated foster care liaison to assist students.(4) Foster care liaisons are encouraged to support students in substitute care with linking to colleges to develop connections and facilitate effective transitions into postsecondary education.(5) Foster care liaisons, school counselors, and others must assist students with seeking and applying for all types of scholarships for which the student may qualify.</content><note type="source"><p>Source Note: The provisions of this §89.1613 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1615"><num value="89.1615">§89.1615</num><heading>Provision of Special Education Services</heading><content>(a) When a student who is homeless or in substitute care transfers into a school district or an open-enrollment charter school after being referred by a previous district or charter school for a special education evaluation, the receiving district or charter school must accept the referral and ensure that any written report of a full individual and initial evaluation is completed in accordance with the timelines established in §89.1011 of this title (relating to Full and Individual Initial Evaluation).(b) When a student who is homeless or in substitute care is eligible for special education and transfers into a new school district or open-enrollment charter school during the school year, the receiving district or charter school must ensure that it meets the student transfer requirements of §89.1050(j) of this title (relating to The Admission, Review, and Dismissal Committee).</content><note type="source"><p>Source Note: The provisions of this §89.1615 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c89/scFF/s89.1617"><num value="89.1617">§89.1617</num><heading>Notice to Student's Educational Decision-Maker and Caseworker</heading><content>School districts and open-enrollment charter schools must comply with Texas Education Code, §25.007(b)(10), and provide notice in writing to the educational decision-maker and caseworker of a student who is in substitute care regarding events that may significantly impact the education of the student.</content><note type="source"><p>Source Note: The provisions of this §89.1617 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scGG"><num value="GG">SUBCHAPTER GG</num><heading>COMMISSIONER'S RULES CONCERNING DROPOUT PREVENTION STRATEGIES</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scGG/s89.1701"><num value="89.1701">§89.1701</num><heading>Dropout Prevention Strategy Plan</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Compensatory education allotment--Funds allocated under the Texas Education Code (TEC), §42.152.(2) Dropout prevention strategy plan--The document prepared for submission to the Texas Education Agency (TEA) in compliance with the TEC, §29.918, and in accordance with specifications set forth in subsection (e) of this section.(3) High school allotment--Funds allocated under the TEC, §42.2516(b)(3).(4) Plan to increase college enrollment--The document prepared in compliance with the TEC, §29.904, for submission to the TEA by a district ranked among the lowest 10% of districts, based on its college-going rate. A district's college-going rate is calculated as the percentage of its graduating class enrolled in higher education the fall after completing high school.(5) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.(6) School improvement plan--The document prepared for submission to the TEA by a school district in compliance with the TEC, §39.1323, or by a school district with a campus rated academically unacceptable for failure to meet the required performance standards set forth in the TEC, §39.073.(b) Identification of districts with a high dropout rate. In accordance with the TEC, §29.918(a), a school district with a high dropout rate, as defined by the commissioner of education, shall be identified and notified annually of the requirement to submit a dropout prevention strategy plan as specified by this section. The commissioner shall identify on an annual basis the school districts that are required to comply with the TEC, §29.918, and this section by grouping school districts by comparable size and then establishing a percentage of school districts with relatively high dropout rates that must submit dropout prevention strategy plans.(c) Coordination with statutory requirement to submit a plan to increase college enrollment. If a school district is required by statute to submit both a dropout prevention strategy plan and a plan to increase college enrollment, the school district must describe in its dropout prevention strategy plan how the activities identified in both plans will be coordinated.(d) Coordination with statutory requirement to submit a school improvement plan.(1) If a school district is required by statute to submit both a school improvement plan due to failure to meet the required performance standard regarding dropout rates or completion rates as well as a dropout prevention strategy plan, then the school district may request that its school improvement plan be used to satisfy the requirements of both statutes. To exercise this option, a school district superintendent must submit a request in writing to the commissioner of education for approval.(2) A school improvement plan used to satisfy the statutory requirements of both plans, as provided in paragraph (1) of this subsection, must clearly identify those programs and activities to be funded with compensatory education allotment and high school allotment funds.(e) Dropout prevention strategy plan specifications.(1) A school district identified as having a high dropout rate under subsection (b) of this section shall submit a dropout prevention strategy plan to the commissioner describing the manner in which it intends to use its compensatory education allocation and high school allocation funds for the purpose of developing and implementing dropout prevention strategies.(2) A school district's dropout prevention strategy plan shall include the following components:(A) analysis of factors that have had an impact on the school district or campus dropout rate using evaluation and needs assessment data available to the school district;(B) description of programs and activities designed to reduce the school district and campus dropout rate to be funded in whole or in part with compensatory education allotment funds;(C) description of programs and activities identified in §61.1093 of this title (relating to Use of Funds) designed to reduce the school district and campus dropout rate to be funded in whole or in part with high school allotment funds;(D) quantifiable benchmarks to measure evidence of change;(E) resources to be used in implementing programs and activities identified in subparagraphs (B) and (C) of this paragraph;(F) timeline for initiation of activities identified in subparagraphs (B) and (C) of this paragraph; and(G) description of how activities will be coordinated with those identified in the school district's plan to increase college enrollment, if the school district is required by the TEC, §29.904, to submit such a plan.(3) The dropout prevention strategy plan shall include research-based programs and activities.(f) Dropout prevention strategy plan submission. In accordance with the TEC, §29.918(a), a school district shall submit its dropout prevention strategy plan not later than December 1 of each school year preceding the school year in which the school district will receive the compensatory education allotment or high school allotment. The plan shall be submitted to the TEA in a manner determined by the commissioner.(g) Dropout prevention strategy plan approval. In accordance with the TEC, §29.918(b), review of district dropout prevention strategy plans shall be completed by the commissioner not later than March 1 of the school year preceding the school year in which the district will receive the compensatory education allotment or high school allotment. Until a district receives commissioner approval in writing for its dropout prevention strategy plan, a district may not spend or obligate more than 25% of the district's compensatory education allotment or high school allotment funds as set forth in the TEC, §29.918(b).(h) Sanctions. The commissioner may impose sanctions under the TEC, §39.131 or §39.1321, if the district:(1) fails to submit its dropout prevention strategy plan by December 1;(2) submits a dropout prevention strategy plan that fails to meet the plan specifications set forth in subsection (e) of this section; or(3) spends or obligates compensatory education allotment or high school allotment funds in excess of 25% of the allotment amount prior to receiving approval of the dropout prevention strategy plan by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §89.1701 adopted to be effective November 29, 2007, 32 TexReg 8500.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c89/scHH"><num value="HH">SUBCHAPTER HH</num><heading>COMMISSIONER'S RULES CONCERNING EDUCATION IN A JUVENILE RESIDENTIAL FACILITY</heading><section identifier="/us/state/tx/tac/t19/p2/c89/scHH/s89.1801"><num value="89.1801">§89.1801</num><heading>Instructional Requirements for Education Services Provided in a Juvenile Residential Facility</heading><content>(a) Definition. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Pre-adjudication secure detention facility--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility and is used for the temporary placement of any juvenile or other individual who is accused of having committed an offense and is awaiting court action, an administrative hearing, or other transfer action.(2) Post-adjudication secure correctional facility--A secure facility administered by a governing board or the Texas Youth Commission that includes construction and fixtures designed to physically restrict the movements and activities of the residents and is intended for the treatment and rehabilitation of youth who have been adjudicated. A post-adjudication secure correctional facility does not include any non-secure residential program operating under the authority of a juvenile board as defined by the Texas Family Code, §51.12(j).(3) Resident--A juvenile or other individual who has been admitted into a pre-adjudication secure detention facility or a post-adjudication secure correctional facility.(4) Residential facility--A facility as described by the Texas Education Code (TEC), §5.001(8).(5) School district--The educational service provider in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility. For the purposes of this subchapter, the definition of school district includes open-enrollment charter school.(b) Enrollment.(1) The school district providing the education services in a pre-adjudication secure detention facility shall ensure that a student is enrolled in its school district or, by local agreement, in the student's locally-assigned school district on the first school day after the student's arrival at the facility unless it is confirmed that the student will return to a different district within ten school days. The school district that maintains a student's enrollment is responsible for ensuring that appropriate education services are provided to each of its students while in the facility.(2) The school district providing the education services in a post-adjudication secure correctional facility shall ensure that a student is enrolled in its school district or, by local agreement, in the student's locally-assigned school district on the student's first school day in the facility as a court-committed juvenile.(3) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall coordinate with the student's previous locally-assigned campus to ensure that appropriate academic records are received within ten school days of the student's enrollment.(c) Class size. The school district shall ensure that the classroom ratio does not exceed one certified educator to 24 students per class period.(d) Pre-assessment. The school district shall ensure that a pre-assessment is administered to students in a post-adjudication secure correctional facility. The pre-assessment shall:(1) be administered within ten school days from the student's first day of enrollment; and(2) at a minimum, evaluate the student's basic reading and mathematics skills in relation to their current grade level.(e) Curriculum of the educational program.(1) Each school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall, at a minimum, provide students with the subjects and courses necessary to complete the minimum high school program, as specified in §74.62 of this title (relating to Minimum High School Program).(2) Each school district in a pre-adjudication secure detention facility shall ensure that a student is provided courses that afford an opportunity of continued progress toward the completion of the minimum high school program, as specified in §74.62 of this title.(3) Each school district in the post-adjudication secure correctional facility shall, at a minimum, provide a student curriculum that enables the student the opportunity to complete the requirements of the minimum high school program, as specified in §74.62 of this title.(4) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall ensure that the educational services of the students consist of curriculum that is aligned with the requirements described in the TEC, §28.002, and the Texas Essential Knowledge and Skills (TEKS).(5) The school district in a post-adjudication secure correctional facility shall provide students, ages 15-18 and identified as appropriate candidates, the opportunity and resources to prepare for the five general educational development examinations.(f) Award of credit. The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall grant credits for coursework completed to ensure that high school credit is awarded to students for the successful completion of required courses while enrolled in educational services at the facility.(g) Length and number of school days required.(1) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall, at a minimum, provide a seven-hour school day that consists of at least five and one-half hours of required secondary curriculum to students in the facility. For each school year, each school district must operate so that the facility provides for at least 180 days of instruction for students.(2) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall ensure that students with disabilities are provided instructional days commensurate with those provided to students without disabilities in accordance with requirements contained in §89.1075(d) of this title (relating to General Program Requirements and Local District Procedures).</content><note type="source"><p>Source Note: The provisions of this §89.1801 adopted to be effective June 11, 2009, 34 TexReg 3512.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c97"><num value="97">CHAPTER 97</num><heading>PLANNING AND ACCOUNTABILITY</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c97/scAA"><num value="AA">SUBCHAPTER AA</num><heading>ACCOUNTABILITY AND PERFORMANCE MONITORING</heading><section identifier="/us/state/tx/tac/t19/p2/c97/scAA/s97.1001"><num value="97.1001">§97.1001</num><heading>Accountability Rating System</heading><content>(a) The rating standards established by the commissioner of education under Texas Education Code (TEC), §§39.052(a) and (b)(1)(A); 39.053; 39.054; 39.0541; 39.0548; 39.055; 39.151; 39.201; 39.2011; 39.202; 39.203; 29.081(e), (e-1), and (e-2); and 12.104(b)(2)(L), shall be used to evaluate the performance of districts, campuses, and charter schools. The indicators, standards, and procedures used to determine ratings will be annually published in official Texas Education Agency publications. These publications will be widely disseminated and cover the following:(1) indicators, standards, and procedures used to determine district ratings;(2) indicators, standards, and procedures used to determine campus ratings;(3) indicators, standards, and procedures used to determine distinction designations; and(4) procedures for submitting a rating appeal.(b) The procedures by which districts, campuses, and charter schools are rated and acknowledged for 2026 are based upon specific criteria and calculations, which are described in excerpted sections of the 2026 Accountability Manual provided in this subsection.Attached Graphic(c) Ratings may be revised as a result of investigative activities by the commissioner as authorized under TEC, §39.003.(d) The specific criteria and calculations used in the accountability manual are established annually by the commissioner and communicated to all school districts and charter schools.(e) The specific criteria and calculations used in the annual accountability manual adopted for prior school years remain in effect for all purposes, including accountability, data standards, and audits, with respect to those school years.(f) In accordance with TEC, §7.028(a), the purpose of the Results Driven Accountability (RDA) framework is to evaluate and report annually on the performance of school districts and charter schools for certain populations of students included in selected program areas. The performance of a school district or charter school is included in the RDA report through indicators of student performance and program effectiveness and corresponding performance levels established by the commissioner.(g) The assignment of performance levels for school districts and charter schools in the 2026 RDA report is based on specific criteria and calculations, which are described in the 2026 Accountability Manual provided in subsection (b) of this section.(h) The specific criteria and calculations used in the RDA framework are established annually by the commissioner and communicated to all school districts and charter schools.(i) The specific criteria and calculations used in the annual RDA manual adopted for prior school years remain in effect for all purposes, including accountability and performance monitoring, data standards, and audits, with respect to those school years.</content><note type="source"><p>Source Note: The provisions of this §97.1001 adopted to be effective June 13, 2000, 25 TexReg 5625; amended to be effective October 3, 2005, 30 TexReg 6265; amended to be effective July 30, 2006, 31 TexReg 5800; amended to be effective July 26, 2007, 32 TexReg 4549; amended to be effective July 31, 2008, 33 TexReg 5923; amended to be effective July 22, 2009, 34 TexReg 4734; amended to be effective July 26, 2010, 35 TexReg 6522; amended to be effective July 28, 2011, 36 TexReg 4657; amended to be effective August 7, 2013, 38 TexReg 4891; amended to be effective August 7, 2014, 39 TexReg 5942; amended to be effective August 4, 2015, 40 TexReg 4877; amended to be effective August 11, 2016, 41 TexReg 5715; amended to be effective June 27, 2017, 42 TexReg 3269; amended to be effective August 7, 2018, 43 TexReg 5060; amended to be effective August 5, 2019, 44 TexReg 4037; amended to be effective July 21, 2020, 45 TexReg 4972; amended to be effective July 13, 2021, 46 TexReg 4145; amended to be effective August 11, 2022, 47 TexReg 4669; amended to be effective November 14, 2023, 48 TexReg 6593; amended to be effective May 14, 2024, 49 TexReg 3280; amended to be effective April 6, 2025, 50 TexReg 2189; amended to be effective June 29, 2025, 50 TexReg 3736.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scAA/s97.1002"><num value="97.1002">§97.1002</num><heading>Accountability Rating Appeals Process and Timeline</heading><content>(a) The rating standards established by the commissioner of education under Texas Education Code (TEC), §§39.052(a) and (b)(1)(A); 39.053; 39.054; 39.0541; 39.0543; 39.0546; 39.0548; 39.055; 39.151; 39.201; 39.2011; 39.202; 39.203; 29.081(e), (e-1), and (e-2); 29.201; 29.202; and 12.104(b)(3)(L), shall be used to evaluate the performance of districts, campuses, and charter schools. The indicators, standards, and procedures used to determine ratings will be annually published in official Texas Education Agency publications. These publications will be widely disseminated and cover the following:(1) indicators, standards, and procedures used to determine district ratings;(2) indicators, standards, and procedures used to determine campus ratings;(3) indicators, standards, and procedures used to determine distinction designations; and(4) procedures for submitting a rating appeal.(b) The process and timeline by which districts, campuses, and charter schools can appeal ratings are based upon the requirements described in the Accountability Ratings Appeals Process and Timeline adopted as a figure in this subsection. This figure supersedes the timelines referenced in Chapter 8 of the 2023 Accountability Manual and 2024 Accountability Manual and applies to all accountability rating appeals from 2023 and beyond until otherwise updated.Attached Graphic(c) Ratings may be revised as a result of investigative activities by the commissioner of education as authorized under TEC, §39.003. (d) The specific criteria and calculations used in the accountability manual are established annually by the commissioner and communicated to all school districts and charter schools.(e) The specific criteria and calculations used in the annual accountability manual adopted for prior school years remain in effect for all purposes, including accountability, data standards, and audits, with respect to those school years.</content><note type="source"><p>Source Note: The provisions of this §97.1002 adopted to be effective April 6, 2025, 50 TexReg 2198.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scAA/s97.1003"><num value="97.1003">§97.1003</num><heading>Local Accountability System</heading><content>(a) The local accountability system standards established by the commissioner of education under Texas Education Code (TEC), §39.0544, shall be used by school districts to develop a plan to locally evaluate the performance of their campuses. For the purpose of this section, the term school district includes open-enrollment charter schools.(b) A local accountability plan created by a school district must include domain performance ratings assigned by the commissioner under TEC, §39.054, and performance ratings based on locally developed domains or sets of accountability measures.(1) A locally developed domain or set of accountability measures is referred to as a plan component. Plan components must describe each item and the reason for its inclusion in the plan. A school district must assign each component to one of the following five domains: academics, culture and climate, extra- and co-curricular, future-ready learning, and locally determined. The weight of all plan components must equal 100%.(2) Each campus with an approved school district plan is eligible to receive local accountability rating. A campus with an overall state accountability rating of C or higher based on ratings derived from student performance at the campus is eligible to combine an overall local accountability rating with the overall state accountability rating to determine the combined rating.(3) For the purposes of assigning state accountability ratings, a campus that does not serve any grade level for which a State of Texas Assessments of Academic Readiness (STAAR®) examination is administered is paired with a campus in its school district that serves grade levels for which STAAR® examinations are administered. A campus not rated under the state accountability system is not eligible to combine state and local ratings. Local accountability data for a campus without state ratings may be displayed on Texas Education Agency (TEA), school district, and campus websites but will not be combined with state accountability data. The state accountability manual adopted under §97.1001 of this title (relating to Accountability Rating System) provides information about campus ratings and eligibility for applicable years.(4) A school district must create its local accountability plan based on school type. The four school types are elementary school, middle school, high school, and Kindergarten-Grade 12. The plan must include all campuses within a school type. The school district may also request to identify an additional school group within a school type for which to customize its local accountability plan. Otherwise, all campuses within a school type must be evaluated on a common set of components determined by the school district. A school district may also request to identify a campus rated under alternative education accountability provisions as a unique school type.(c) A school district may assign weights to each plan component described in subsection (b)(1) of this section, as determined by the district, provided that the plan components must in the aggregate account for no more than 50% of the combined overall performance rating. A local accountability plan may include no fewer than two and no more than ten components weighted between 5% and 60%.(d) Each plan component must contain levels of performance that allow for differentiation, with assigned standards for achieving the differentiated levels that are aligned to a letter grade of A, B, C, D, or F.(1) In order to provide for the assignment of a letter grade of A, B, C, D, or F, a school district must use data collected by the district to calculate the current baseline average. The baseline data calculated by the school district is used to set standards for each level by setting the average at a C, or mid-level, with the higher A and B grades designating levels considered to be exceptional and good, respectively, and the lower D and F grades designating levels considered to need improvement and be unacceptable, respectively.(2) A school district may choose to include a single component with a weight not exceeding 10% with the levels of differentiation based on the face value of the average performance level rather than the average performance level, or baseline, being set at the C or mid-level value.(3) In the case of components where current baseline levels are not used to set the campus rating scale to a C or mid-level value, TEA may require the school district to re-evaluate the inclusion of the component on an annual basis.(e) Each plan component measure must meet standards for reliability and validity.(1) In terms of specific measures, tests, or ratings, a measure is considered reliable if it delivers consistent results across administrations.(2) In terms of specific measures, tests, or ratings, a measure is considered valid if the resulting outcome represents what the test is designed to measure.(3) Reliability and validity are closely related, and both must be evident for a measure, test, or rating to be included as component outcomes in a local accountability system plan.(f) Calculations for each plan component and overall performance ratings must be capable of being audited by a third party.(1) A school district must use a one-to-one correspondence when converting campus grades based on plan component measures to a standard scale of 30-100 where A=90-100, B=80-89, C=70-79, D=60-69, and F=30-59.(2) Categorical data, or data not on a continuous scale, must be converted to the standard scale of A=90-100, B=80-89, C=70-79, D=60-69, and F=30-59 by assigning the maximum value for each scaled score interval with the corresponding category used in the campus rating scale.(3) A school district is required to submit a local accountability plan that includes components, domains, and overall scaled scores and ratings to TEA on a timeline determined by the commissioner. The timeline will be published on the TEA website.(4) All scaled scores and letter grades submitted by a school district are subject to audit. Any data discrepancies or any indication that data have been compromised may result in verification and audit of school district and campus data used to assign local accountability ratings. The audit process may include requests for data used for campus-level calculation of component and domain scaled scores.(5) On an annual basis, TEA will randomly select school districts for local accountability audits, and, for each such audit, TEA will randomly select components for review. Selected school districts must submit the requested data for review within the timeframe specified. A school district must maintain documentation of its local accountability plan, along with all associated data used to assign campus ratings, for two years after the end of the plan implementation period.(6) Responsibility for the accuracy and quality of data used to determine local accountability ratings rests with each school district. Superintendent certification of data accuracy during the ratings submission process shall include an assurance that calculations have been verified to ensure that all data were included as appropriate for all components.(7) An appeal of a local accountability rating may be submitted by the superintendent or chief operating officer once ratings are released. The local accountability appeals timeline follows the appeal deadline dates and processes as described in the state accountability manual adopted under §97.1001 of this title for the applicable year.(g) A school district must produce a campus score card and make available on the district website an explanation of the methodology used to assign local accountability performance ratings. The campus score card shall include, at a minimum, the scaled score and rating for each component and domain along with the overall rating. A link to the local accountability ratings posted by the school district must be provided to TEA and may be included on the agency-developed school report card.(h) Ratings may be revised as a result of investigative activities by the commissioner as authorized under TEC, §39.057(d) and (e).</content><note type="source"><p>Source Note: The provisions of this §97.1003 adopted to be effective August 5, 2019, 44 TexReg 4044; amended to be effective September 6, 2020, 45 TexReg 6106; amended to be effective February 10, 2025, 50 TexReg 768.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scAA/s97.1006"><num value="97.1006">§97.1006</num><heading>Alternative Methods and Standards for Evaluating Performance for 2020-2021 School Year</heading><content>(a) A school district or an open-enrollment charter school may request no later than December 15, 2021, an accountability special evaluation for the 2020-2021 school year for a campus:(1) that meets a 95% assessment participation rate threshold for the all students group for all subjects combined for the 2020-2021 school year; and(2) to which the most recent overall performance rating assigned, other than a rating of Not Rated, is a D, F, or performance that needs improvement.(b) Upon request, as provided in subsection (a) of this section, the commissioner of education shall evaluate a campus that meets the requirements of subsection (a)(1) and (2) of this section in:(1) the Student Achievement domain of Texas Education Code (TEC), §39.053(c)(1); and(2) the School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2).(c) The component scores for the Student Achievement domain of TEC, §39.053(c)(1), and School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2), shall be calculated using scaling methodologies as were adopted in the 2020 Accountability Manual under §97.1001 of this title (relating to Accountability Rating System).(d) One of the following performance ratings shall be assigned according to the results of the evaluation requested under subsection (b) of this section.(1) If the evaluation results in an outcome of A, B, or C by averaging the scaled score of the Student Achievement domain of TEC, §39.053(c)(1), and the scaled score of the School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2), the campus shall be assigned a performance rating of Acceptable for the 2020-2021 school year.(2) If the evaluation results in an outcome of D or F by averaging the scaled score of the Student Achievement domain of TEC, §39.053(c)(1), and the scaled score of the School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2), the campus shall be assigned a performance rating of Not Rated: Declared State of Disaster for the 2020-2021 school year.(e) An Acceptable performance rating assigned under subsection (d)(1) of this section is considered a break in consecutive school years of unacceptable performance ratings under TEC, §39.054. (f) A school district or an open-enrollment charter school may appeal a rating issued under subsection (d)(2) of this section in accordance with TEC, §39.151, and the determination of consecutive school years of unacceptable performance ratings in accordance with TEC, §39.054. For the 2020-2021 school year, such an appeal must be filed with the Texas Education Agency by December 15, 2021.(g) This section does not apply to an intervention ordered on the basis of consecutive school years of unacceptable performance ratings accrued before the effective date of this section.(h) This section expires September 1, 2027.</content><note type="source"><p>Source Note: The provisions of this §97.1006 adopted to be effective November 14, 2021, 46 TexReg 7605.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scAA/s97.1007"><num value="97.1007">§97.1007</num><heading>School Report Cards</heading><content>(a) The campus report card disseminated by the Texas Education Agency (TEA) under Texas Education Code, §39.305, shall be termed the "school" report card (SRC).(b) The intent of the SRC is to inform each student's parents or guardians about the school's performance and characteristics. Where possible, the SRC will present the school information in relation to the district, the state, and a comparable group of schools. The SRC will present the student, staff, financial, and performance information required by statute, as well as any explanations and additional information deemed appropriate to the intent of the report.(c) The SRC must be disseminated within six weeks after it is received from TEA.(d) The campus administration may provide the SRC in the same manner it would normally transmit official communications to parents and guardians, such as: including the SRC in a weekly folder sent home with each student, mailing it to the student's residence, providing it at a teacher-parent conference, enclosing it with the student report card, or sending it via electronic mail.(e) The school may not alter the report provided by TEA; however, it may concurrently provide additional information to the parents or guardians that supplements or explains information in the SRC.</content><note type="source"><p>Source Note: The provisions of this §97.1007 adopted to be effective August 10, 2025, 50 TexReg 5066.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scAA/s97.1008"><num value="97.1008">§97.1008</num><heading>Texas Academic Performance Report</heading><content>(a) The performance report provided by the Texas Education Agency (TEA) under Texas Education Code, §39.306, shall be termed the Texas Academic Performance Report.(b) The intent of the Texas Academic Performance Report is to inform the public about the educational performance of the district and of each campus in the district in relation to the district, the state, and a comparable group of schools. The Texas Academic Performance Report will present the campus performance information as well as student, staff, and financial information required by statute. It will also include any explanations and additional information deemed appropriate to the intent of the report.(c) The hearing for public discussion of the Texas Academic Performance Report must be held within 90 days after the report is received from TEA. This hearing may take place during a regularly scheduled or special meeting of the local board of trustees.(d) The Texas Academic Performance Report must be published within two weeks after the public hearing. It must be published in the same format as it was received from TEA.(e) The district may not alter the report provided by TEA; however, it may concurrently provide additional information to the public that supplements or explains information in the Texas Academic Performance Report.(f) The local board of trustees shall disseminate the report by posting it on the school district website and in public places, such as each school office, local businesses, and public libraries.</content><note type="source"><p>Source Note: The provisions of this §97.1008 adopted to be effective August 10, 2025, 50 TexReg 5066.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c97/scBB"><num value="BB">SUBCHAPTER BB</num><heading>MEMORANDA OF UNDERSTANDING</heading><section identifier="/us/state/tx/tac/t19/p2/c97/scBB/s97.1011"><num value="97.1011">§97.1011</num><heading>Memorandum of Understanding between the Texas Education Agency and the Texas School for the Deaf</heading><content>(a) Purpose. This memorandum of understanding (MOU) is a non-financial, mutual agreement between the Texas School for the Deaf, hereafter referred to as "the School," and the Texas Education Agency, hereafter referred to as "the Agency," established pursuant to the Texas Education Code (TEC), §29.315. This MOU will establish:(1) the method for developing and reevaluating a set of indicators of the quality of learning at the School;(2) the process for the Agency to conduct and report on an annual evaluation of the School's performance on the indicators;(3) the requirements for the School's Board to publish, discuss, and disseminate an annual report describing the educational performance of the School;(4) the process for the Agency to assign an accreditation status to the School, to reevaluate the status on an annual basis, and, if necessary, to make on-site accreditation investigations; and(5) the type of information the School shall be required to provide through the Public Education Information Management System (PEIMS).(b) Accountability compliance reviews.(1) The Agency shall monitor the School's compliance with federal and state laws and regulations related to services for special populations by conducting a periodic on-site review. The Agency shall determine the schedule for the review.(2) The Agency, with input from the School, shall develop a compliance monitoring instrument that itemizes compliance indicators that are the responsibility of the School. The instrument will be disseminated to the School and updated jointly as appropriate.(c) Indicators of quality of learning for the School.(1) No later than August 31, 1999, the Agency and the School shall jointly develop and agree upon a set of quality indicators that are appropriate to the characteristics of students served by the School.(2) Annually, the commissioner of education shall approve indicators of performance that measure the quality of student learning at the School.(3) The indicators shall include measures of academic and/or developmental performance as well as other measures appropriate to the characteristics of the student populations served.(4) To the extent appropriate, the indicators shall incorporate academic excellence indicators and alternative assessment measures required under TEC, Chapter 39, Subchapter B.(d) Annual performance evaluation.(1) The School's annual performance evaluation shall be based on quality indicators selected annually from among the set of quality indicators developed and jointly agreed upon by the School and the Agency to address the characteristics of the student groups served.(2) The selected quality indicators used for the annual performance evaluation shall measure, as appropriate, academic and/or non-academic performance on norm- or criterion-referenced instruments; progress in the attainment of student individualized education program goals and objectives; statewide criterion-referenced assessments; completion of courses or credits; or completion of graduation requirements. Additional non-academic indicators may be selected that measure dropout rates, attendance, or other appropriate measures of student success.(3) The method for evaluating the School's annual performance shall be as follows.(A) Annually, by September 1, the School shall submit to the commissioner an accountability proposal. The proposal shall be developed with input from the School's planning and decision-making committee and shall include the following information to be used to determine the current year accountability rating:(i) quality indicators;(ii) performance objectives within each indicator; and(iii) minimum standards for determining achievement of performance objectives.(B) By September 15, the commissioner shall review the proposal and notify the School superintendent of approval, or needed modifications to obtain approval, of the proposed indicators and performance objectives to be used for determining an accountability rating.(C) By November 1, the commissioner shall provide notification of final approval of the proposal indicators and performance objectives.(D) By July 1 following the year for which the School's performance is being evaluated, the School shall submit to the Agency all complete and accurate data necessary to document performance with respect to the approved indicators and performance objectives selected for rating purposes under the accountability system.(4) The schedule of activities related to the annual performance evaluation shall include the following activities.(A) During the 1998-1999 school year, the School and the Agency shall determine methods of evaluating student performance for determining achievement of performance objectives.(B) During the 1999-2000 school year, the School shall evaluate student performance in areas addressed by the quality indicators.(C) Beginning with the 2000-2001 school year, the Agency shall perform an annual performance evaluation for the School.(e) Accreditation status.(1) By September 1, the commissioner shall assign the School a rating of "acceptable" or "needing on-site review."(2) To attain a rating of "acceptable," the School shall attain all approved performance objectives established for each selected indicator.(3) If the School receives a rating of "needing on-site review," the School may appeal the rating to the commissioner of education by October 1. The rating will be final by November 1.(4) The determination of the performance rating may include consideration of the effectiveness of the special education program based on the Agency's most recent compliance review of the school and program for special populations.(f) On-site investigation and sanctions. If the School does not receive an accreditation rating of "acceptable," the commissioner may take any of the following actions, listed in order of severity, to the extent the commissioner determines necessary:(1) direct the Agency to conduct an on-site investigation, in accordance with the provisions of TEC, §39.074(c)-(e), and raise or maintain the performance rating as a result of the investigation;(2) order the preparation of a student achievement improvement plan that addresses each quality indicator for which the School's performance is unacceptable, the submission of the plan to the commissioner for approval, and implementation of the plan; or(3) appoint a special campus intervention team, the criteria for membership of which shall be mutually agreed upon by the Agency and the School, the costs for which shall be paid for by the School, to:(A) conduct a comprehensive on-site evaluation of the School to determine the cause for the School's low performance and lack of progress;(B) recommend actions, including reallocation of resources and technical assistance; changes in school procedures or operations; staff development for instructional and administrative staff; intervention for individual administrators or teachers; waivers from state statute or rule; or other actions the team considers appropriate;(C) assist in the development of a school plan for student achievement; and(D) assist the commissioner in monitoring the progress of the School in implementing the School plan for improvement of student achievement.(g) Annual performance report.(1) The Governing Board of the School shall publish an annual report describing the educational performance of the School. The report shall include the School's performance objectives, progress toward these objectives, and the School's performance rating assigned by the Agency. Supplemental information to be included in the report shall be determined by the School's Governing Board.(2) The Governing Board of the School will disseminate the annual performance report to parents of enrolled students, districts that have placed students at the School, and regional education service centers (RESCs). Additionally, the Governing Board will notify the parents of enrolled students, districts that have placed students at the School, and RESCs of an opportunity for public discussion of the annual performance report at a regularly scheduled board meeting. The School's planning and decision-making committee will hold at least one public meeting annually for the purpose of discussing the School's performance report.(3) By December 1, the School shall disseminate the annual performance report.(h) Reporting of data.(1) The School will report PEIMS data according to the following schedule.(A) The Agency and the School shall jointly develop separate action plans for the possible collection of organization, student, staff, and financial data. The action plan for organization and student data shall be completed by June 1998; for staff data by June 1999; and for financial data by June 2000.(B) The Agency and the School shall conduct studies to determine the feasibility of collecting data for each information category according to the following schedule: organization and student data during the 1998-1999 school year; staff data during the 1999-2000 school year; and financial data during the 2000-2001 school year.(C) In each information category for which it is determined that data collection is feasible, the Agency and the School shall pilot the collection as follows: organization and student data during the 1999-2000 school year; staff data during the 2000-2001 school year; and financial data during the 2001-2002 school year.(D) Initial PEIMS collection shall be contingent on resolution of feasibility issues and modifications indicated by the pilot process.(2) To the extent possible, the Agency shall assist the School in accessing available resources to implement this section of the MOU.(i) Dispute resolution. Disputes between the School and the Agency concerning implementation of this MOU shall be resolved as follows.(1) Staff of the School and the Agency shall identify and attempt to resolve the specific issues involved in the dispute.(2) If staff of the School and the Agency are unable to resolve the dispute after a reasonable time period, the executive officers of the School and the Agency shall assist the staff in identifying a mutually agreeable resolution to the dispute.(3) If the executive officers (or either of them) are unable to reach a mutually agreeable resolution, the School and the Agency shall pursue resolution through the use of mediation pursuant to the Governmental Dispute Resolution Act, Government Code, Chapter 2008. The mediator shall make such arrangements and decisions respecting the conduct of the proceedings as needed in the sole discretion of the mediator. The costs of mediation shall be borne equally by the School and the Agency.(4) If the School and the Agency fail to reach agreement through mediation pursuant to the Governmental Dispute Resolution Act, Government Code, Chapter 2008, the following procedure shall be followed.(A) The School and the Agency shall each select one impartial third party pursuant to Government Code, §2008.053.(B) The impartial third parties selected by the School and the Agency shall jointly select another impartial third party, who must be a person eligible to serve as impartial third party pursuant to Government Code, §2008.053. The person selected shall be the arbitrator of the dispute.(C) The arbitrator selected by the impartial third parties selected by the School and the Agency shall arbitrate the dispute pursuant to Texas Civil Practice and Remedies Code, §154.027. The arbitrator shall make such arrangements and decisions respecting the conduct of the proceedings as needed in the sole discretion of the arbitrator. The costs of arbitration shall be borne equally by the School and the Agency. The parties hereby stipulate in advance that the decision of the arbitrator shall be binding and enforceable against both parties pursuant to Texas Civil Practice and Remedies Code, §154.027(b).(j) Other terms.(1) This MOU shall be signed by the executive officers of the School and the Agency and shall be effective September 1, 1998.(2) This MOU may be considered for expansion, modification, or amendment upon mutual agreement of the executive officers of the School and the Agency.(3) In the event that federal and/or state laws should be amended, federally interpreted, or judicially interpreted so as to render continued implementation of this MOU unreasonable or impossible, the School and the Agency may agree to amend or terminate this MOU.</content><note type="source"><p>Source Note: The provisions of this §97.1011 adopted to be effective September 1, 1998, 23 TexReg 7781.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scBB/s97.1012"><num value="97.1012">§97.1012</num><heading>Memorandum of Understanding between the Texas Education Agency and the Texas School for the Blind and Visually Impaired</heading><content>(a) Purpose. This memorandum of understanding (MOU) is a non-financial, mutual agreement between the Texas School for the Blind and Visually Impaired, hereafter referred to as "the School," and the Texas Education Agency, hereafter referred to as "the Agency," established pursuant to the Texas Education Code (TEC), §30.005. This MOU will establish:(1) the method for developing and reevaluating a set of indicators of the quality of learning at the School;(2) the process for the Agency to conduct and report on an annual evaluation of the School's performance on the indicators;(3) the requirements for the School's Board to publish, discuss, and disseminate an annual report describing the educational performance of the School; and(4) the type of information the School shall be required to provide through the Public Education Information Management System (PEIMS).(b) Accountability compliance reviews.(1) The Agency shall monitor the School's compliance with federal and state laws and regulations related to services for special populations by conducting a periodic on-site review. The Agency shall determine the schedule for the review.(2) The Agency, with input from the School, shall develop a compliance monitoring instrument that itemizes compliance indicators that are the responsibility of the School. The instrument will be disseminated to the School and updated jointly as appropriate.(c) Indicators of quality of learning for the School.(1) No later than August 31, 1999, the Agency and the School shall jointly develop and agree upon a set of quality indicators that are appropriate to the characteristics of students served by the School.(2) Annually, the commissioner of education shall approve indicators of performance that measure the quality of student learning at the School.(3) The indicators shall include measures of academic and/or developmental performance as well as other measures appropriate to the characteristics of the student populations served.(4) To the extent appropriate, the indicators shall incorporate academic excellence indicators and alternative assessment measures required under TEC, Chapter 39, Subchapter B.(d) Annual performance evaluation.(1) The School's annual performance evaluation shall be based on quality indicators selected annually from among the set of quality indicators developed and jointly agreed upon by the School and the Agency to address the characteristics of the student groups served.(2) The selected quality indicators used for the annual performance evaluation shall measure, as appropriate, academic and/or non-academic performance on norm- or criterion-referenced instruments; progress in the attainment of student individualized education program goals and objectives; statewide criterion-referenced assessments; completion of courses or credits; or completion of graduation requirements. Additional non-academic indicators may be selected that measure dropout rates, attendance, or other appropriate measures of student success.(3) The method for evaluating the School's annual performance shall be as follows.(A) Annually, by September 1, the School shall submit to the commissioner an accountability proposal. The proposal shall be developed with input from the School's planning and decision-making committee and shall include the following information:(i) quality indicators;(ii) performance objectives within each indicator; and(iii) minimum standards for determining achievement of performance objectives.(B) By September 15, the commissioner shall review the proposal and notify the School superintendent of approval, or needed modifications to obtain approval, of the proposed indicators and performance objectives.(C) By November 1, the commissioner shall provide notification of final approval of the proposal indicators and performance objectives.(D) By July 1 following the year for which the School's performance is being evaluated, the School shall submit to the Agency all complete and accurate data necessary to document performance with respect to the approved indicators and performance objectives.(4) The schedule of activities related to the annual performance evaluation shall include the following activities.(A) During the 1998-1999 school year, the School and the Agency shall determine methods of evaluating student performance for determining achievement of performance objectives.(B) During the 1999-2000 school year, the School shall evaluate student performance in areas addressed by the quality indicators.(C) Beginning with the 2000-2001 school year, the Agency shall perform an annual performance evaluation for the School.(e) Annual performance report.(1) The Governing Board of the School shall publish an annual report describing the educational performance of the School. The report shall include the School's performance objectives and progress toward these objectives. Supplemental information to be included in the report shall be determined by the School's Governing Board.(2) The Governing Board of the School will disseminate the annual performance report to parents of enrolled students, districts that have placed students at the School, and regional education service centers (RESCs). Additionally, the Governing Board will notify the parents of enrolled students, districts that have placed students at the School, and RESCs of an opportunity for public discussion of the annual performance report at a regularly scheduled board meeting. The School's planning and decision-making committee will hold at least one public meeting annually for the purpose of discussing the School's performance report.(3) By December 1, the School shall disseminate the annual performance report.(f) Reporting of data.(1) The School will report PEIMS data according to the following schedule.(A) The Agency and the School shall jointly develop separate action plans for the possible collection of organization, student, staff, and financial data. The action plan for organization and student data shall be completed by June 1998; for staff data by June 1999; and for financial data by June 2000.(B) The Agency and the School shall conduct studies to determine the feasibility of collecting data for each information category according to the following schedule: organization and student data during the 1998-1999 school year; staff data during the 1999-2000 school year; and financial data during the 2000-2001 school year.(C) In each information category for which it is determined that data collection is feasible, the Agency and the School shall pilot the collection as follows: organization and student data during the 1999-2000 school year; staff data during the 2000-2001 school year; and financial data during the 2001-2002 school year.(D) Initial PEIMS collection shall be contingent on resolution of feasibility issues and modifications indicated by the pilot process.(2) To the extent possible, the Agency shall assist the School in accessing available resources to implement this section of the MOU.(g) Dispute resolution. Disputes between the School and the Agency concerning implementation of this MOU shall be resolved as follows.(1) Staff of the School and the Agency shall identify and attempt to resolve the specific issues involved in the dispute.(2) If staff of the School and the Agency are unable to resolve the dispute after a reasonable time period, the executive officers of the School and the Agency shall assist the staff in identifying a mutually agreeable resolution to the dispute.(3) If the executive officers (or either of them) are unable to reach a mutually agreeable resolution, the School and the Agency shall pursue resolution through the use of mediation pursuant to the Governmental Dispute Resolution Act, Government Code, Chapter 2008. The mediator shall make such arrangements and decisions respecting the conduct of the proceedings as needed in the sole discretion of the mediator. The costs of mediation shall be borne equally by the School and the Agency.(4) If the School and the Agency fail to reach agreement through mediation pursuant to the Governmental Dispute Resolution Act, Government Code, Chapter 2008, the following procedure shall be followed.(A) The School and the Agency shall each select one impartial third party pursuant to Government Code, §2008.053.(B) The impartial third parties selected by the School and the Agency shall jointly select another impartial third party, who must be a person eligible to serve as impartial third party pursuant to Government Code, §2008.053. The person selected shall be the arbitrator of the dispute.(C) The arbitrator selected by the impartial third parties selected by the School and the Agency shall arbitrate the dispute pursuant to Texas Civil Practice and Remedies Code, §154.027. The arbitrator shall make such arrangements and decisions respecting the conduct of the proceedings as needed in the sole discretion of the arbitrator. The costs of arbitration shall be borne equally by the School and the Agency. The parties hereby stipulate in advance that the decision of the arbitrator shall be binding and enforceable against both parties pursuant to Texas Civil Practice and Remedies Code, §154.027(b).(h) Other terms.(1) This MOU shall be signed by the executive officers of the School and the Agency and shall be effective September 1, 1998.(2) This MOU may be considered for expansion, modification, or amendment upon mutual agreement of the executive officers of the School and the Agency.(3) In the event that federal and/or state laws should be amended, federally interpreted, or judicially interpreted so as to render continued implementation of this MOU unreasonable or impossible, the School and the Agency may agree to amend or terminate this MOU.</content><note type="source"><p>Source Note: The provisions of this §97.1012 adopted to be effective September 1, 1998, 23 TexReg 7781.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c97/scEE"><num value="EE">SUBCHAPTER EE</num><heading>ACCREDITATION STATUS, STANDARDS, AND SANCTIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1051"><num value="97.1051">§97.1051</num><heading>Definitions</heading><content>For purposes under Texas Education Code (TEC), Chapters 39 and 39A, and this subchapter, the following words and terms shall have the following meaning, unless the context clearly indicates otherwise:(1) Board of managers--A board appointed by the commissioner of education to serve as a governing body that must, if possible, include:(A) community leaders;(B) business representatives who have expertise in leadership; and(C) individuals who have knowledge or expertise in the field of education.(2) Board of trustees--The definition of this term includes a governing body of a charter holder as defined by TEC, §12.1012.(3) Campus--An organizational unit operated by the school district that is eligible to receive a campus performance rating in the state accountability rating system under §97.1001 of this title (relating to Accountability Rating System), including a rating of Not Rated or Not Rated: Data Integrity Issues. The definition of this term includes a charter school campus as defined by §100.1001(3)(C) of this title (relating to Definitions).(4) Campus turnaround--A comprehensive change in an academically unacceptable campus that produces significant and sustainable gains in achievement within two years. For the purposes of this chapter, the term "academically unacceptable" performance means a rating of Academically Unacceptable, AEA: Academically Unacceptable, Improvement Required, or Unacceptable Performance or as otherwise indicated in the applicable year's academic accountability manual.(5) Charter school--This term has the meaning assigned by §100.1001(3) of this title. References to a charter school in TEC, Chapters 39 and 39A, and rules adopted under it, shall mean either the board of trustees or the school district, as appropriate.(6) Charter school site--This term has the meaning assigned by §100.1001(3)(D) of this title.(7) District coordinator of school improvement (DCSI)--An employee of a school district in a leadership position in school improvement, in curriculum and instruction, or in another position with responsibility for student performance.(8) Newspaper of general circulation--A newspaper, as defined in Texas Government Code, §2051.044, that has more than a minimum number of subscribers among a particular geographic region, that has a diverse subscribership, and that publishes some news items of general interest to the community.(9) Person--This term has the meaning assigned by the Code Construction Act, Government Code, §311.005(2), and includes a school district.(10) Professional service provider (PSP)-- An approved service provider who has been vetted through an application or a request for qualifications (RFQ) process to provide on-site technical assistance for underperforming schools and districts either by the Texas Education Agency (TEA) or the TEA's technical assistance provider.(11) Root cause--The education-related factors resulting in a campus's low performance and lack of progress.(12) School district and district--The definition of these terms includes a charter operator, which is the same as a charter holder as defined by TEC, §12.1012.</content><note type="source"><p>Source Note: The provisions of this §97.1051 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective November 23, 2008, 33 TexReg 9462; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective November 17, 2016, 41 TexReg 9012; amended to be effective January 28, 2018, 43 TexReg 452.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1053"><num value="97.1053">§97.1053</num><heading>Purpose</heading><content>(a) The provisions of Texas Education Code (TEC), Chapters 39 and 39A, and this subchapter shall be construed and applied to achieve the purposes of accreditation statuses assigned under TEC, §39.051 and §39.052, and the purposes of accreditation sanctions, which are to:(1) inform the parents of students enrolled in the district, property owners in the district, general public, and policymakers of the academic, fiscal, and compliance performance of each district or campus on the standards adopted by the commissioner of education under TEC, §39.052(b) and (c), and/or listed in §97.1059 of this title (relating to Standards for All Accreditation Sanction Determinations);(2) encourage the district or campus to improve its academic, fiscal, and/or compliance performance by addressing each area of deficiency identified by the commissioner of education;(3) enable the parents of students enrolled in the district, property owners in the district, general public, and policymakers to assist the district or campus in improving the district or campus performance by addressing each area of deficiency identified by the commissioner;(4) encourage other districts or campuses to improve their performance so as to avoid similar action and to retain their accreditation; and(5) improve the Texas public school system by eliminating poor academic, fiscal, and compliance performance by districts and campuses on the standards listed in §97.1059 of this title.(b) The accreditation status assigned a district under §97.1055 of this title (relating to Accreditation Status) generally reflects performance under the state academic accountability rating system and financial accountability rating system beginning with the district's 2006 ratings. However, performance under these systems for earlier years shall be considered for purposes of accreditation statuses and sanctions under this subchapter. Accordingly:(1) consideration of or failure to consider any rating of the district under §97.1055 of this title does not preclude consideration of that rating when determining accreditation sanctions under this subchapter; and(2) when determining accreditation sanctions under this subchapter, the commissioner shall consider the entire ratings history of the district and its campuses to the extent it is material.(c) The provisions of TEC, Chapters 39 and 39A, and this subchapter apply in the same manner to an open-enrollment charter school as to a district.</content><note type="source"><p>Source Note: The provisions of this §97.1053 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective November 23, 2008, 33 TexReg 9462; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective January 28, 2018, 43 TexReg 452.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1055"><num value="97.1055">§97.1055</num><heading>Accreditation Status</heading><content>(a) General provisions.(1) Each year, the commissioner of education shall assign to each school district an accreditation status under Texas Education Code (TEC), §39.052(b) and (c). Each district shall be assigned a status defined as follows.(A) Accredited. Accredited means the Texas Education Agency (TEA) recognizes the district as a public school of this state that:(i) meets the standards determined by the commissioner under TEC, §39.052(b) and (c), and specified in §97.1059 of this title (relating to Standards for All Accreditation Sanction Determinations); and(ii) is not currently assigned an accreditation status of Accredited-Warned or Accredited-Probation.(B) Accredited-Warned. Accredited-Warned means the district exhibits deficiencies in performance, as specified in subsection (b) of this section, that, if not addressed, will lead to probation or revocation of its accreditation status.(C) Accredited-Probation. Accredited-Probation means the district exhibits deficiencies in performance, as specified in subsection (c) of this section, that must be addressed to avoid revocation of its accreditation status.(D) Not Accredited-Revoked. Not Accredited-Revoked means the TEA does not recognize the district as a Texas public school because the district's performance has failed to meet standards adopted by the commissioner under TEC, §39.052(b) and (c), and specified in subsection (d) of this section.(2) The commissioner shall assign the accreditation status, as defined by this section, based on the performance of each school district. This section shall be construed and applied to achieve the purposes of TEC, §39.051 and §39.052, which are specified in §97.1053(a) of this title (relating to Purpose).(3) The commissioner shall revoke the accreditation status of a district that fails to meet the standards specified in this section. In the event of revocation, the purposes of the TEC, §39.051 and §39.052, are to:(A) inform the parents of students enrolled in the district, property owners in the district, general public, and policymakers that the TEA does not recognize the district as a Texas public school because the district's performance has failed to meet standards adopted by the commissioner under TEC, §39.052(b) and (c), and specified in subsection (d) of this section; and(B) encourage other districts to improve their performance so as to retain their accreditation.(4) Unless revised as a result of investigative activities by the commissioner as authorized under TEC, Chapter 39 or 39A, or other law, an accreditation status remains in effect until replaced by an accreditation status assigned for the next school year. An accreditation status shall be revised within the school year when circumstances require such revision in order to achieve the purposes specified in §97.1053(a) of this title.(5) An accreditation status will be withheld pending completion of any appeal or review of an academic accountability rating, a financial accountability rating, or other determination by the commissioner, but only if such appeal or review is:(A) specifically authorized by commissioner rule;(B) timely requested under and in compliance with such rule; and(C) applicable to the accreditation status under review.(6) An accreditation status may be withheld pending completion of on-site or other investigative activities in order to achieve the purposes specified in §97.1053(a) of this title.(7) The commissioner may withhold the assignment of an accreditation status to an open-enrollment charter school that is subject to TEC, §12.115(c) or §12.1141(d), or has otherwise surrendered its charter.(8) If an accreditation status is withheld pending completion of an appeal or review as provided by this section, the district's last issued accreditation status remains in effect until otherwise finalized or changed.(9) An accreditation status may be raised or lowered based on the district's performance or may be lowered based on the performance of one or more campuses in the district that is below a standard required under this chapter or other applicable law.(10) For purposes of determining multiple years of academically unacceptable or insufficient performance, the academic accountability ratings issued for the 2010-2011 school year and for the 2012-2013 school year are consecutive. An accreditation status assigned for the 2012-2013 school year shall be based on assigned academic accountability ratings for the applicable prior school years, as determined under subsections (b)-(d) of this section. Additionally, for purposes of determining multiple years of academically unacceptable or insufficient performance, the academic accountability ratings issued for the 2018-2019 school year and for the 2021-2022 school year are consecutive. An accreditation status assigned for the 2022-2023 school year shall be based on assigned academic and financial accountability ratings for the applicable prior school years, as determined under subsections (b)-(d) of this section.(11) If a lowered accreditation status is assigned and a sanction is imposed, the subsequent issuance of a new accreditation status does not affect the commissioner's authority to proceed with the previously imposed sanction.(12) Accreditation statuses are consecutive if they are not separated by an accreditation period in which the TEA assigned accreditation statuses to districts and charter schools generally. For example, if TEA does not assign accreditation statuses to districts and charter schools generally for the 2012-2013 school year, then the accreditation statuses issued for the 2011-2012 school year and for the 2013-2014 school year are consecutive. Additionally, if TEA does not assign accreditation statuses to districts and charter schools generally for the 2020-2021 school year, then the accreditation statuses issued for the 2019-2020 school year and for the 2022-2023 school year are consecutive.(13) If a rating of Not Rated or similar rating is issued to a school district, the commissioner may withhold the assignment of an accreditation status or withdraw a previously issued accreditation status. For purposes of determining multiple years of unacceptable or insufficient performance, the rating issued for the prior and subsequent school year are consecutive. The next accreditation status assigned shall be based on assigned accountability ratings for the applicable prior school years, as determined under subsections (b)-(d) of this section.(14) When an accreditation status is withheld because either a financial or academic accountability rating is not available or the district is not rated, the commissioner may, but is not required to, consider the rating that is issued when assigning subsequent accreditation statuses in order to achieve the purposes specified in §97.1053(a) of this title. If the commissioner elects not to consider a rating, then the previous and subsequent rating is consecutive.(b) Determination of Accredited-Warned status.(1) A district shall be assigned Accredited-Warned status if the district is assigned:(A) for two consecutive school years, an unacceptable academic accountability rating as indicated in the applicable year's accountability manual adopted under §97.1001 of this title (relating to Accountability Rating System);(B) for two consecutive school years, a financial accountability rating of Substandard Achievement as indicated in the applicable year's financial accountability system manual adopted under §109.1001 of this title (relating to Financial Accountability Ratings);(C) for two consecutive school years, any one of the ratings referenced in subparagraphs (A) and (B) of this paragraph; or(D) for one school year, a combination of ratings referenced in both subparagraphs (A) and (B) of this paragraph.(2) Notwithstanding the district's performance under paragraph (1) of this subsection, a district shall be assigned Accredited-Warned status if the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052. Such action is generally required by the following circumstances:(A) to an extent established under subsection (e) of this section, the district has failed to comply with requirements related to:(i) the integrity of assessment or financial data used to measure performance under TEC, Chapter 39, 39A, or 48, and rules implementing those chapters;(ii) the reporting of data under TEC, §48.008, and §61.1025 of this title (relating to Public Education Information Management System (PEIMS) Data and Reporting Standards);(iii) other reports required by state or federal law or court order;(iv) awarding high school graduation under TEC, §28.025; or(v) any applicable requirement under TEC, §7.056(e)(3)(C)-(I); or(B) after review and/or investigation under TEC, §39.003 or §39.056, the commissioner finds:(i) the district's programs monitored under §97.1001 of this title exhibit serious or persistent deficiencies that, if not addressed, may lead to probation or revocation of the district's accreditation; or(ii) the district otherwise exhibits serious or persistent deficiencies that, if not addressed, may lead to probation or revocation of the district's accreditation.(3) Notwithstanding paragraph (2) of this subsection, a district shall be assigned Accredited-Warned status if the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052.(c) Determination of Accredited-Probation status.(1) A district shall be assigned Accredited-Probation status if the district is assigned:(A) for three consecutive school years, an unacceptable academic accountability rating as indicated in the applicable year's accountability manual adopted under §97.1001 of this title;(B) for three consecutive school years, a financial accountability rating of Substandard Achievement as indicated in the applicable year's financial accountability system manual adopted under §109.1001 of this title;(C) for three consecutive school years, any one of the ratings referenced in subparagraphs (A) and (B) of this paragraph; or(D) for two consecutive school years, a combination of ratings referenced in both subparagraphs (A) and (B) of this paragraph.(2) Notwithstanding the district's performance under paragraph (1) of this subsection, a district shall be assigned Accredited-Probation status if the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052. Such action is generally required by the following circumstances:(A) to an extent established under subsection (e) of this section, the district has failed to comply with requirements related to:(i) the integrity of assessment or financial data used to measure performance under TEC, Chapter 39, 39A, or 48, and rules implementing those chapters;(ii) the reporting of data under TEC, §48.008, and §61.1025 of this title;(iii) other reports required by state or federal law or court order;(iv) awarding high school graduation under TEC, §28.025; or(v) any applicable requirement under TEC, §7.056(e)(3)(C)-(I); or(B) after review and/or investigation under TEC, §39.003 or §39.056, the commissioner finds:(i) the district's programs monitored under §97.1001 of this title exhibit serious or persistent deficiencies that, if not addressed, may lead to revocation of the district's accreditation; or(ii) the district otherwise exhibits serious or persistent deficiencies that, if not addressed, may lead to revocation of the district's accreditation.(3) Notwithstanding paragraph (2) of this subsection, a district shall be assigned Accredited-Probation status if the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052.(d) Determination of Not Accredited-Revoked status; Revocation of accreditation.(1) The accreditation of a district shall be revoked if the district is assigned:(A) for four consecutive school years, an unacceptable academic accountability rating as indicated in the applicable year's accountability manual adopted under §97.1001 of this title;(B) for four consecutive school years, a financial accountability rating of Substandard Achievement as indicated in the applicable year's financial accountability system manual adopted under §109.1001 of this title;(C) for four consecutive school years, any one of the ratings referenced in subparagraphs (A) and (B) of this paragraph; or(D) for three consecutive school years, a combination of ratings referenced in both subparagraphs (A) and (B) of this paragraph.(2) Notwithstanding paragraph (1) of this subsection, the commissioner may abate the assignment of a Not Accredited-Revoked status, issue another accreditation status, or elect to appoint a board of managers to govern the district in lieu of revoking the district's accreditation if the commissioner determines that revocation of the district's accreditation is not reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052.(3) Notwithstanding this section, if the commissioner appoints a board of managers under paragraph (2) of this subsection or as a result of a special investigation, the commissioner shall assign the district accreditation statuses during the period of the appointment of the board of managers as follows.(A) In the school year following the appointment of the board of managers, the commissioner shall assign the district an accreditation status of Accredited.(B) In the school years following the issuance of the accreditation rating under subparagraph (A) of this paragraph, the commissioner shall assign the accreditation status as provided by subsections (a)-(d) of this section. However, the commissioner shall not consider any academic rating that was issued for a school year in which the district was operated, in whole or in part, by the suspended board of trustees. The commissioner shall also not consider any financial accountability rating that was issued based on financial data from a fiscal year in which the district was operated, in whole or in part, by the suspended board of trustees. Notwithstanding this provision, the commissioner may consider academic or financial ratings attributable to performance that occurred in a school year in which the district was operated, in whole or in part, by the suspended board of trustees if the commissioner, in his sole discretion, determines such consideration is necessary to achieve the purposes of TEC, §39.051 and §39.052.(C) For any district subject to this paragraph, the commissioner may lower the district's accreditation rating to Not Accredited-Revoked at any time if the commissioner determines that the district is not making acceptable progress to correct its academic or financial performance and that closure and annexation is necessary to achieve the purposes of TEC, §39.051 and §39.052, unless the district has earned an Accredited status absent the application of subparagraph (A) or (B) of this paragraph.(D) For purposes of this subsection, the period of appointment of the board of managers includes any school year in which any member of the board of managers serves, including the school year during which the appointment of the board of managers expires.(4) A district shall have its accreditation revoked if, notwithstanding its performance under paragraph (1) of this subsection, the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052. Such action is generally required by the following circumstances:(A) to an extent established under subsection (e) of this section, the district has failed to comply with requirements related to:(i) the integrity of assessment or financial data used to measure performance under TEC, Chapter 39, 39A, or 48, and rules implementing those chapters;(ii) the reporting of data under TEC, §48.008, and §61.1025 of this title;(iii) other reports required by state or federal law or court order;(iv) awarding high school graduation under TEC, §28.025; or(v) any applicable requirement under TEC, §7.056(e)(3)(C)-(I); or(B) after review and/or investigation under TEC, §39.003 or §39.056, the commissioner finds:(i) the district's programs monitored under §97.1001 of this title exhibit serious or persistent deficiencies that require revocation of the district's accreditation; or(ii) the district otherwise exhibits serious or persistent deficiencies that require revocation of the district's accreditation.(5) Notwithstanding paragraph (3) of this subsection, a district's accreditation shall be revoked if the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052.(6) The commissioner's decision to revoke a district's accreditation may be reviewed under Chapter 157, Subchapter EE, of this title (relating to Informal Review, Hearing Following Investigation, and Review by State Office of Administrative Hearings). If, after review, the decision is sustained, the commissioner shall appoint a management team or board of managers to bring to closure the district's operation of the public school.(7) Issuance of an accreditation status of Not Accredited-Revoked does not invalidate a diploma awarded, course credit earned, or grade promotion granted by a school district before the effective date of the annexation of the district.(e) Legal compliance. In addition to the district's performance as measured by ratings under §97.1001 and §109.1001 of this title, the accreditation status of a district is determined by its compliance with the statutes and rules specified in TEC, §39.052(b)(2). Notwithstanding satisfactory or above satisfactory performance on other measures, a district's accreditation status may be assigned based on its legal compliance alone, to the extent the commissioner determines necessary. In making this determination, the commissioner:(1) shall assign the accreditation status that is reasonably calculated to accomplish the applicable provisions specified in §97.1053(a) of this title;(2) may impose, but is not required to impose, an accreditation sanction under this subchapter in addition to assigning a status under paragraph (1) of this subsection; and(3) shall lower the status assigned and/or impose additional accreditation sanctions as necessary to achieve compliance with the statutes and rules specified in TEC, §39.052(b)(2).(f) Required notification of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked status.(1) A district assigned an accreditation status of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked shall notify the parents of students enrolled in the district and property owners in the district as specified by this subsection.(2) The district's notice must contain information about the accreditation status, the implications of such status, and the steps the district is taking to address the areas of deficiency identified by the commissioner. The district's notice shall use the format and language determined by the commissioner.(3) Notice under this subsection must:(A) not later than 30 calendar days after the accreditation status is assigned, appear on the home page of the district's website, with a link to the notification required by paragraph (2) of this subsection, and remain until the district is assigned the Accredited status; and(B) appear in a newspaper of general circulation, as defined in §97.1051 of this title (relating to Definitions), in the district for three consecutive days as follows:(i) from Sunday through Tuesday of the second week following assignment of the status; or(ii) if the newspaper is not published from Sunday through Tuesday, then for three consecutive issues of the newspaper beginning the second week following assignment of the status; or(C) not later than 30 calendar days after the status is assigned, be sent by first class mail addressed individually to each parent of a student enrolled in the district and each property owner in the district; or(D) not later than 30 calendar days after the status is assigned, be presented as a discussion item in a public meeting of the board of trustees conducted at a time and location that allows parents of students enrolled in the district and property owners in the district to attend and provide public comment.(4) A district required to act under this subsection shall send the following to the TEA via certified mail, return receipt requested:(A) the universal resource locator (URL) for the link required by paragraph (3)(A) of this subsection; and(B) copies of the notice required by paragraph (3)(B) of this subsection showing dates of publication, or a paid invoice showing the notice content and its dates of publication; or(C) copies of the notice required by paragraph (3)(C) of this subsection and copies of all mailing lists and postage receipts; or(D) copies of the notice required by paragraph (3)(D) of this subsection and copies of the board of trustees meeting notice and minutes for the board meeting in which the notice was presented and publicly discussed.</content><note type="source"><p>Source Note: The provisions of this §97.1055 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective November 23, 2008, 33 TexReg 9462; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective November 17, 2016, 41 TexReg 9012; amended to be effective October 18, 2018, 43 TexReg 6833; amended to be effective February 16, 2020, 45 TexReg 1020; amended to be effective February 24, 2021, 46 TexReg 1243; amended to be effective January 11, 2022, 47 TexReg 26; amended to be effective September 10, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1057"><num value="97.1057">§97.1057</num><heading>Interventions and Sanctions; Lowered Rating or Accreditation Status</heading><content>(a) The provisions of Texas Education Code (TEC), Chapters 39 and 39A, and this subchapter shall be construed and applied to achieve the purposes of accreditation sanctions, which are specified in §97.1053 of this title (relating to Purpose).(b) If the commissioner of education finds that a district or campus does not satisfy the accreditation criteria under TEC, §39.051 and §39.052, the academic performance standards under TEC, §39.054, or any financial accountability standard as determined by the commissioner, the commissioner may lower the district's accreditation status, academic accountability rating, or financial accountability rating, as applicable, and take appropriate action under this subchapter.(c) Regardless of whether the commissioner lowers a district's status or rating under subsection (b) of this section, the commissioner may take action under TEC, Chapters 39 and 39A, or this section if the commissioner determines that the action is necessary to improve any area of performance by the district or campus.(d) Regardless of whether a district has satisfied the accreditation criteria, if for two consecutive school years, including the current school year, a district has had a conservator or management team assigned, the commissioner may appoint a board of managers, a majority of whom must be residents of the district, to exercise the powers and duties of the board of trustees. For purposes of this subsection, a school year begins on the first day of instruction and includes any portion of the school year.(e) Subject to subsections (h)-(k) of this section, once the commissioner takes action under this subchapter, the commissioner may impose on the district or campus any other sanction under TEC, Chapter 39 or 39A, or this subchapter, singly or in combination, to the extent the commissioner determines is reasonably required to achieve the purposes specified in §97.1053 of this title.(f) In determining whether to impose a particular sanction under TEC, Chapters 39 and 39A, or this subchapter, the commissioner may consider the costs and logistical concerns of the district but shall give primary consideration to the best interest of the district's students. The sanction selected shall be reasonably calculated to address the district's or campus' deficiencies immediately or within a reasonable time, in the best interest of its present and future students. The following shall be considered as being contrary to the best interests of the district's students:(1) inefficient or ineffectual use of district funds or property;(2) failure to adequately account for funds;(3) receipt of a substantial over-allocation of funds for which the district has failed to plan prudently in light of its obligation to repay the funds under TEC, §48.272; and(4) inability to implement effective change to improve the performance of students in the district or at the campus.(g) In determining whether to impose a particular sanction under TEC, Chapters 39 and 39A, or this subchapter based on resource allocation practices as authorized by TEC, §39.003(a)(12) and (d) and §39.0821, the commissioner shall consider the factors specified in §97.1053 of this title.(h) The commissioner shall notify the school district or open-enrollment charter school in writing of a sanction imposed under this subchapter or §100.1045 of this title (relating to Intervention Based on Charter Violations). The notice must state the basis for finding that the district or open-enrollment charter school does not satisfy the applicable criteria as indicated in this subchapter or §100.1045 of this title. The finding(s) may be made in the notice or in a final investigative report or based on a final investigative report.(i) If a finding is made for the first time in the notice required by subsection (h) of this section, the Texas Education Agency shall comply with Chapter 157, Subchapter EE, Division 1, of this title (relating to Informal Review) with respect to the new finding.(j) A determination under this section must be made in writing and may be included in a written notice under subsection (h) of this section. The determination may be made in the notice or in a final investigative report or based on a final investigative report. A determination under this section may be based on a report on the progress of a prior action under this subchapter.(k) The commissioner shall annually review a sanction imposed under subsection (h) of this section and shall increase the sanction, as required by TEC, §39A.901. The commissioner shall quarterly review the need for a conservator or a management team imposed under this subchapter, as required by TEC, §39A.003. If reviews are required under both TEC, §39A.901 and §39A.003, a quarterly review under TEC, §39A.003, may satisfy the annual review under TEC, §39A.901. An annual or quarterly review is not subject to the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §97.1057 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective January 28, 2018, 43 TexReg 452; amended to be effective January 11, 2022, 47 TexReg 26; amended to be effective September 10, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1059"><num value="97.1059">§97.1059</num><heading>Standards for All Accreditation Sanction Determinations</heading><content>(a) The commissioner of education shall impose district and campus accreditation sanctions under this subchapter individually or in combination as the commissioner determines necessary to achieve the purposes identified in §97.1053 of this title (relating to Purpose).(b) In making a determination under subsection (a) of this section, the commissioner shall consider the seriousness, number, extent, and duration of deficiencies identified by the Texas Education Agency (TEA) and shall impose one or more accreditation sanctions on a district and its campuses as needed to address:(1) each material deficiency identified by the TEA through its systems for district and campus accountability, including:(A) an accreditation status under §97.1055 of this title (relating to Accreditation Status);(B) an academic accountability rating under §97.1001 of this title (relating to Accountability Rating System);(C) a financial accountability rating under §109.1001 of this title (relating to Financial Accountability Ratings) or a financial audit or investigation;(D) program effectiveness under §97.1071 of this title (relating to Special Program Performance; Monitoring, Review, and Supports) or other law;(E) the results of a special investigation under Texas Education Code, §39.003;(F) the results of an investigative report under Chapter 157, Subchapter EE, of this title (relating to Informal Review, Hearing Following Investigation, and Review by State Office of Administrative Hearings); complaint investigation; special education due process hearing; or data integrity investigation, including an investigation of assessment or financial data;(G) an inability to implement effective change to improve the performance of students in the district or at the campus; or(H) other information related to subparagraphs (A)-(G) of this paragraph.(2) any ongoing failures to address deficiencies previously identified or patterns of recurring deficiencies;(3) any lack of district responsiveness to, or compliance with, current or prior interventions or sanctions; and(4) any substantial or imminent harm presented by the deficiencies of the district or campus to the welfare of its students or to the public interest.(c) If the commissioner identifies a district and one or more of its campuses for accreditation sanction under subsection (a) of this section, the commissioner may elect to combine activities to be undertaken at the district and campus levels as needed to achieve the purposes of each sanction.(d) When making any campus-level determination under this subchapter, the commissioner shall also consider the district-level performance of the district on applicable academic, fiscal, and compliance standards.(e) The commissioner must review at least annually the performance of a district for which the accreditation status or academic accountability rating has been lowered due to insufficient student performance and may not raise the accreditation status or rating until the district has demonstrated improved student performance. If the review reveals a lack of improvement, the commissioner shall increase the level of state intervention and sanction unless the commissioner finds good cause for maintaining the current status.</content><note type="source"><p>Source Note: The provisions of this §97.1059 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective November 17, 2016, 41 TexReg 9012; amended to be effective January 28, 2018, 43 TexReg 452; amended to be effective January 11, 2022, 47 TexReg 26; amended to be effective September 10, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1061"><num value="97.1061">§97.1061</num><heading>Interventions and Sanctions for Campuses</heading><content>(a) If a campus's performance is below any standard under Texas Education Code (TEC), §39.054(e), the campus shall engage in interventions as described by the Texas Education Agency (TEA).(b) A school district, open-enrollment charter school, district campus, or charter school campus that is assigned a rating of D that qualifies under TEC, §39.0543(b), shall develop and implement a local improvement plan using the guidance provided by TEA. The school district, open-enrollment charter school, district campus, or charter school campus shall:(1) conduct a data analysis related to areas of low performance;(2) conduct a needs assessment based on the results of the data analysis, as follows.(A) The needs assessment shall include a root cause analysis.(B) Root causes identified through the needs assessment will be addressed in the local improvement plan; and(3) create a local improvement plan, as follows.(A) Input must be gathered from the principal; campus-level committee established under TEC, §11.251; parents; and community members, prior to the development of the local improvement plan, using the following steps.(i) The campus must hold a public meeting at the campus. The campus shall take reasonable steps to conduct the meeting at a time and in a manner that would allow a majority of stakeholders to attend and participate. The campus may hold more than one meeting if necessary.(ii) The public must be notified of the meeting 15 days prior to the meeting by way of the district and campus website, local newspapers or other media that reach the general public, and the parent liaison, if present on the campus.(iii) All input provided by family and community members should be considered in the development of the final local improvement.(B) The completed local improvement plan must be presented at a public hearing and approved by the board of trustees.(c) The commissioner shall assign members to a campus intervention team (CIT) as outlined in §97.1063 of this title (relating to Campus Intervention Team) and TEC, §39A.052.(d) The campus shall establish a campus leadership team (CLT) that includes the campus principal and other campus leaders responsible for the development, implementation, and monitoring of the targeted improvement plan.(e) The campus intervention team shall:(1) conduct a data analysis related to areas of low performance;(2) conduct a needs assessment based on the results of the data analysis, as follows.(A) The needs assessment shall include a root cause analysis.(B) Root causes identified through the needs assessment will be addressed in the targeted improvement plan and, if applicable, campus turnaround plan;(3) assist in the creation of a targeted improvement plan, as follows.(A) Input must be gathered from the principal; campus-level committee established under TEC, §11.251; parents; and community members, prior to the development of the targeted improvement plan, using the following steps.(i) The campus must hold a public meeting at the campus. The campus shall take reasonable steps to conduct the meeting at a time and in a manner that would allow a majority of stakeholders to attend and participate. The campus may hold more than one meeting if necessary.(ii) The public must be notified of the meeting 15 days prior to the meeting by way of the district and campus website, local newspapers or other media that reach the general public, and the parent liaison, if present on the campus.(iii) All input provided by family and community members should be considered in the development of the final targeted improvement plan submitted to the TEA.(B) The completed targeted improvement plan must be presented at a public hearing and approved by the board of trustees.(C) The targeted improvement plan must be submitted to the commissioner of education for approval according to TEA procedures and guidance; and(4) assist the commissioner in monitoring the implementation of the targeted improvement plan. The campus will submit updates to the TEA as requested that include:(A) a description of how elements of the targeted improvement plan are being implemented and monitored; and(B) data demonstrating the results of interventions from the targeted improvement plan.(f) If a campus is assigned an unacceptable rating under TEC, §39.054(e), for a second consecutive year, the campus must engage in the processes outlined in subsections (a), (c), (d), and (e) of this section, and the campus must develop a campus turnaround plan to be approved by the commissioner as described in §97.1064 of this title (relating to Campus Turnaround Plan).(g) If a campus is assigned an unacceptable rating under TEC, §39.054(e), for a third or fourth consecutive year, the campus must engage in the processes outlined in subsections (a), (c), (d), and (e) of this section, and the campus must implement the commissioner-approved campus turnaround plan as described in §97.1064 of this title.(h) If a campus is assigned an unacceptable rating under TEC, §39.054(e), for a fifth consecutive year, the commissioner shall order the appointment of a board of managers to govern the district or closure of the campus.(i) Based on a campus's progress toward improvement, the commissioner may order a hearing if a campus's performance is below any standard under TEC, §39.054(e).(j) Interventions and sanctions listed under this section begin upon release of preliminary ratings and may be adjusted based on final accountability ratings.</content><note type="source"><p>Source Note: The provisions of this §97.1061 adopted to be effective November 17, 2016, 41 TexReg 9012; amended to be effective March 31, 2020, 45 TexReg 2164; amended to be effective June 7, 2022, 47 TexReg 3252.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1062"><num value="97.1062">§97.1062</num><heading>Applicability of Intervention Pause under District Partnerships or Mathematics Innovation Zones</heading><content>(a) A campus under this section does not include a campus of an open-enrollment charter school unless specifically indicated when applying an intervention pause under Texas Education Code (TEC), §11.174. A campus under this section includes a campus of an open-enrollment charter school when applying an intervention pause under TEC, §28.020.(b) A campus shall not qualify for an intervention pause pursuant to TEC, §11.174(f), unless during the school year prior to the operation of a partnership as provided by §97.1077(a) of this title (relating to School Year Under Contract to Operate a District Campus), the campus received an unacceptable performance rating, except as provided by §97.1077(e) of this title.(c) A campus that qualifies for an intervention pause pursuant to TEC, §28.020(c), starting with the school year for which the campus received an unacceptable performance rating that followed a school year for which the campus received an acceptable rating, will be subject to any intervention arising from the first unacceptable performance rating and, subject to the campus remaining eligible for the intervention pause, will be provided a one-year intervention pause for interventions that arise from a second consecutive year of unacceptable performance ratings.(d) The Texas Education Agency (TEA) will not withdraw or postpone issuing any orders or determinations required or authorized that arise due to the performance rating from the school year prior to the school year in which the campus qualifies for the intervention pause, and any order or determination will resume upon expiration of the intervention pause under subsection (e) of this section.(e) Except as otherwise provided by this section and unless extended by the commissioner of education, the TEA will cease to enforce the interventions under TEC, §§39A.101-39A.111, until conclusion of the second consecutive school year of operation under:(1) a partnership as defined by §97.1077(a)(2), (b), or (c) of this title; or(2) designation as a mathematics innovation zone under TEC, §28.020, and applicable rules.(f) Any intervention or sanction not covered by subsection (e) of this section shall continue.(g) If a campus ceases to qualify for the intervention pause at any point during a school year, the TEA will resume previously ordered interventions and sanctions, order interventions and sanctions based on the rating from that school year, and count that rating for purposes of consecutive years of performance.(h) The TEA will not pursue interventions under TEC, §§39A.101-39A.109 and 39A.111, for a campus eligible for an intervention pause if one of the school years eligible for an intervention pause results in an acceptable or higher overall rating.(i) If, after the expiration of the intervention pause, a campus receives an unacceptable rating, the TEA will apply the requisite interventions that apply to the consecutive year that corresponds to the campus's actual number of consecutive years of unacceptable performance minus the number of intervention pause years and, if applicable, accounting for the modification under subsection (c) of this section.(j) If a campus qualifies for an intervention pause for a school year after the conclusion of the school year in which an order is authorized under TEC, §39A.111, the intervention under TEC, §39A.111, will not pause.(k) A campus that receives an intervention pause will still receive an accountability rating for that school year.(l) Performance of students at a campus that receives an intervention pause shall be considered in the accountability rating of the school district or the open-enrollment charter school, and the application of an intervention pause to a campus shall not pause or alter any intervention applicable to the school district, open-enrollment charter school, or other campuses.(m) A determination under this section that arises from the application of TEC, §28.020, is final and may not be appealed.(n) The provisions of this subsection expire on September 1, 2023. A partial school year that results in an intervention pause under §97.1077(b) or (c) of this title constitutes one full year of a pause.</content><note type="source"><p>Source Note: The provisions of this §97.1062 adopted to be effective November 18, 2018, 43 TexReg 7459.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1063"><num value="97.1063">§97.1063</num><heading>Campus Intervention Team</heading><content>(a) The campus intervention team (CIT) shall perform the duties outlined in Texas Education Code (TEC), §§39A.053, 39A.054, 39A.055, 39A.056, 39A.058, 39A.059, 39A.060, and 39A.101, and oversee the activities outlined in §97.1061(a) of this title (relating to Interventions and Sanctions for Campuses) and §97.1064 of this title (relating to Campus Turnaround Plan).(b) The CIT must include:(1) a district coordinator of school improvement (DCSI). The DCSI must submit qualifications to the Texas Education Agency (TEA) for approval; and(2) the campus principal's direct supervisor, if the DCSI is not the campus principal's direct supervisor.(c) An education professional, approved through an application either by the Texas Education Agency (TEA) or the TEA's technical assistance provider, who is not an employee of the campus or district, shall assist with the needs assessment as described in TEC, §39A.053.(d) The CIT shall perform the duties referenced in subsection (a) of this section in collaboration with the campus leadership team (CLT) as outlined in §97.1061(c) of this title and §97.1064 of this title.(e) CIT members as defined in subsection (b) of this section and the campus principal shall attend TEA-sponsored trainings on interventions and sanctions.</content><note type="source"><p>Source Note: The provisions of this §97.1063 adopted to be effective November 17, 2016, 41 TexReg 9012; amended to be effective March 31, 2020, 45 TexReg 2164.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1064"><num value="97.1064">§97.1064</num><heading>Campus Turnaround Plan</heading><content>(a) If a campus is assigned an unacceptable rating under Texas Education Code (TEC), §39.054(e), for two consecutive years, the campus must develop a campus turnaround plan to be approved by the commissioner of education in accordance with TEC, §§39A.103-39A.107.(b) A charter campus subject to this section must revise its charter in accordance with §100.1033 of this title (relating to Charter Amendment). The governing board of the charter performs the function of the board of trustees for this section.(c) The district may request assistance from a regional education service center or partner with an institution of higher education in developing and implementing a campus turnaround plan.(d) Within 60 days of receiving a campus's preliminary accountability rating the district must notify parents, community members, and stakeholders that the campus received an unacceptable rating for two consecutive years and request assistance in developing the campus turnaround plan. All input provided by family, community members, and stakeholders must be considered in the development of the final campus turnaround plan submitted to the Texas Education Agency (TEA).(e) The district shall notify stakeholders of their ability to review the completed plan and post the completed plan on the district website at least 30 days before the final plan is submitted to the board of trustees as described in TEC, §39A.104. The district shall provide the following groups an opportunity to review and comment on the completed plan before it is submitted for approval to the board of trustees:(1) the campus-level committee established under TEC, §11.251. If the campus is not required to have a campus-level committee under TEC, §11.251, the district shall provide an opportunity for professional staff at the campus to review and comment on the campus turnaround plan;(2) teachers at the campus;(3) parents; and(4) community members.(f) A campus turnaround plan must include:(1) a detailed description of the method for restructuring, reforming, or reconstituting the campus;(2) a detailed description of the academic programs to be offered at the campus, including instructional methods, length of school day and school year, academic credit and promotion criteria, and programs to serve special student populations;(3) a detailed description of the budget, staffing, and financial resources required to implement the plan, including any supplemental resources to be provided by the district or other identified sources;(4) written comments received from stakeholders described in subsection (e) of this section;(5) the term of the charter, if a district charter is to be granted for the campus under TEC, §12.0522; and(6) a detailed description for developing and supporting the oversight of academic achievement and student performance at the campus, approved by the board of trustees under TEC, §11.1515.(g) Upon approval of the board of trustees, the district must submit the campus turnaround plan electronically to the TEA by March 1 unless otherwise specified.(h) Not later than June 15 of each year, the commissioner must either approve or reject any campus turnaround plan prepared and submitted by a district.(1) The commissioner's approval or rejection of the campus turnaround plan must be in writing.(2) If the commissioner rejects a campus turnaround plan, the commissioner must also send the district an outline of the specific concerns regarding the turnaround plan that resulted in the rejection.(3) In accordance with TEC, §39A.107(a), the commissioner may approve a campus turnaround plan if the commissioner determines that the campus will satisfy all student performance standards required under TEC, §39.054(e), not later than the second year the campus receives a performance rating following the implementation of the campus turnaround plan. In order to make that determination, the commissioner will consider the following:(A) an analysis of the campus and district's longitudinal performance data, which may be used to measure the expected outcomes for the campus;(B) the district's success rate in turning around low-performing campuses, if applicable; and(C) evaluation of the efficacy of the plan, with consideration given to whether the turnaround plan is sufficient to address the specific and expected needs of the campus.(i) A district must submit a modified campus turnaround plan if the commissioner rejected the district's initial submission.(1) The modified plan must be created with assistance from TEA staff, as requested by the district.(2) The modified plan must be made available for stakeholder comment prior to board approval and be approved by the board prior to submission to the TEA.(3) The district must submit the plan no later than the 60th day from the date the commissioner rejected the initial campus turnaround plan.(4) The commissioner's decision regarding the modified plan must be given in writing no later than the 15th day after the commissioner receives the plan.(j) A campus may implement, modify, or withdraw its campus turnaround plan with board approval if the campus receives an academically acceptable rating for the school year following the development of the campus turnaround plan.(k) A campus that has received an unacceptable rating for the school year following the development of the campus turnaround plan must implement its commissioner-approved campus turnaround plan with fidelity until the campus operates for two consecutive school years without an unacceptable rating.(l) A campus may modify its campus turnaround plan with commissioner approval if it is determined that due to a change in circumstances occurring after the plan's approval under TEC, §39A.107, a modification of the plan is necessary to achieve the plan's objectives.(1) A change in circumstance may be the following, but not limited to:(A) a campus that has written a turnaround plan but has not yet been ordered to implement it and has received a Not Rated; Declared State of Disaster rating for two consecutive years prior to receiving its next F rating; or(B) a campus that has implemented its turnaround plan for no more than one year prior to receiving a Not Rated; Declared State of Disaster rating for two consecutive years.(2) A campus that has modified its turnaround plan under this subsection may only request additional modifications to the plan based on circumstances that have changed since the last commissioner-approved modification.(3) Any modification of a turnaround plan must be effective no sooner than the beginning of the next school year.(m) The commissioner may appoint a monitor, conservator, management team, or board of managers for a school district that has a campus that has been ordered to implement an updated targeted improvement plan. The commissioner may order any of the interventions as necessary to ensure district-level support for the low-performing campus and the implementation of the updated targeted improvement plan. The commissioner may make the appointment at any time during which the campus is required to implement the updated targeted improvement plan.</content><note type="source"><p>Source Note: The provisions of this §97.1064 adopted to be effective November 17, 2016, 41 TexReg 9012; amended to be effective March 31, 2020, 45 TexReg 2164; amended to be effective June 7, 2022, 47 TexReg 3252.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1065"><num value="97.1065">§97.1065</num><heading>Commissioner Determinations for Decisions Preceding Alternative Management, Campus Closure, or Board of Managers</heading><content>(a) Action required. The commissioner of education shall order:(1) alternative management or closure of a campus or appoint a board of managers to govern the district if the campus turnaround plan is not approved as outlined in §97.1064 of this title (relating to Campus Turnaround Plan); and(2) closure of a campus or appoint a board of managers to govern the district if the campus is assigned an unacceptable performance rating under the state academic accountability system for three consecutive school years after the campus is ordered to submit a campus turnaround plan as outlined in §97.1064 of this title.(b) Review. An action ordered under subsection (a) of this section is subject to the applicable review procedures provided in Chapter 157 of this title (relating to Hearings and Appeals).(c) Other actions permitted. In combination with action under this section, the commissioner may impose on the district or campus any other sanction under Texas Education Code (TEC), Chapter 39 or 39A, or this subchapter, singly or in combination, to the extent the commissioner determines is reasonably required to achieve the purposes specified in §97.1053 of this title (relating to Purpose). In particular, the commissioner may assign a monitor, conservator, management team, or board of managers in order to ensure and oversee district-level support to low-performing campuses and the implementation of the updated targeted improvement plan and the campus turnaround plan.(d) Petition allowed. In accordance with TEC, §39A.112, for a campus subject to an order of closure or appointment of a board of managers to govern the district under subsection (a) of this section, if a written petition, signed by the parents of a majority of the students enrolled at the campus and specifying the action requested under subsection (a) of this section, is presented to the commissioner in accordance with this section and related procedures adopted by the Texas Education Agency (TEA), the commissioner shall, except as otherwise authorized by this section, order the specific action requested. If the board of trustees of the school district in which the campus is located presents to the commissioner, in accordance with this section and related procedures adopted by the TEA, a written request that the commissioner order a specific action under subsection (a) of this section other than the action requested by the parents in a valid petition, along with a written explanation of the basis for the board's request, the commissioner may order the action requested by the board of trustees.(1) A written petition under this subsection must be:(A) finalized and submitted to the district superintendent no later than October 15 for purposes of validation;(B) certified by the superintendent as a valid petition in accordance with paragraph (2) of this subsection; and(C) if determined to be a valid petition, submitted by the district superintendent to the commissioner no later than December 1.(2) Only a written petition determined to be valid in accordance with this section and TEA procedures may be submitted to the commissioner. At a minimum, the following criteria must be met for a petition to be determined valid.(A) The petition must include all information required by the TEA as reflected in TEA model forms and related procedures and must be submitted to the district superintendent in accordance with the deadline established in paragraph (1)(A) of this subsection.(B) The petition must clearly state the sanction action under subsection (a)(2) of this section being requested by the parents.(C) In accordance with this subparagraph, the parent(s) of more than 50% of the students enrolled at the campus must provide the handwritten or typed name and an original signature on the petition.(i) For the purposes of the petition, a parent means the parent who is indicated on the student registration form at the campus.(ii) A student will be considered enrolled at the campus for the purposes of the petition if the student is enrolled and in membership at the campus on a TEA-determined enrollment snapshot date, as reflected in TEA procedures.(iii) For the purposes of determining whether parents of more than 50% of the students enrolled at the campus have signed the petition, only one parent signature per enrolled student can be counted by the district in its calculation assuring validity of the petition.(iv) A signature is valid if the person signed the petition on or after the date on which a preliminary rating indicating four or more consecutive years of unacceptable performance at the campus was issued.(3) If the board of trustees of the school district requests that the TEA consider a specific action under subsection (a) of this section other than the action requested by the parents in a valid petition and submitted to the TEA in accordance with this subsection, the board must submit a written request to the commissioner and include a written explanation of the basis for the board's request for an action other than the one reflected in a valid parent petition. Any written request must be:(A) approved by a majority of the board members in an action taken in a public meeting conducted in compliance with the Texas Open Meetings Act; and(B) submitted to the commissioner no later than December 15 in accordance with procedures established by the TEA.(4) If a valid parent petition under paragraph (1) of this subsection or board of trustees submission under paragraph (3) of this subsection requests that the commissioner order campus closure, the district must submit, no later than January 30, a comprehensive plan for campus closure that meets the requirements of the TEC, §39A.113, and §97.1066 of this title (relating to Campus Closure).(5) Following the submission to the TEA of a valid petition and any subsequent board request under this section, the commissioner will order, no later than February 15, a sanction in compliance with the TEC, §39A.111, and this section. The sanction shall be implemented for the current year or, if necessary, for the subsequent school year regardless of the state academic accountability rating assigned to the campus in that school year.(6) Notwithstanding this subsection, in the case of a charter school granted under the TEC, Chapter 12, Subchapter D or E, the commissioner shall retain authority under the TEC and Chapter 100, Subchapter AA, Division 2, of this title (relating to Commissioner Action and Intervention) to take any adverse action allowed by statute and rule and to approve or disapprove any proposed change in campus or charter structure resulting from a petition or board request under this subsection.(e) Targeted technical assistance. In addition to the grounds specified in TEC, §39A.114, if the commissioner determines that the basis for the unsatisfactory performance of a campus for more than two consecutive school years is limited to a specific condition that may be remedied with targeted technical assistance, the commissioner may require the district to contract for the appropriate technical assistance, including, but not limited to, the district's regional education service center and/or an institution of higher education.</content><note type="source"><p>Source Note: The provisions of this §97.1065 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective July 17, 2012, 37 TexReg 5268; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective November 17, 2016, 41 TexReg 9012; amended to be effective January 28, 2018, 43 TexReg 452.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1066"><num value="97.1066">§97.1066</num><heading>Campus Repurposing and Closure</heading><content>(a) Definitions. For purposes of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.(1) Acceptable and unacceptable ratings--the terms acceptable and unacceptable ratings have the meanings assigned in Texas Education Code (TEC), §39.0543. The accountability rating is for the year in which the performance occurs, not the year in which the preliminary or final rating is issued.(2) Campus--this term has the meaning assigned in §97.1051(3) of this title (relating to Definitions).(3) County-district-campus number (CDCN)--the 9-digit number assigned to instructional campuses.(4) Facility--a facility includes a building, a group of buildings, portable buildings, or any combination thereof that the commissioner of education determines would comprise a campus.(b) Campus closure. A campus may be closed by:(1) the commissioner as described in TEC, §39A.111, and §97.1065 of this title (relating to Commissioner Determinations for Decisions Preceding Alternative Management, Campus Closure, or Board of Managers) if it is assigned an unacceptable performance rating for five consecutive school years, regardless of whether the school district closes or orders the closure of the campus before the fifth consecutive unacceptable accountability rating is issued; or(2) the school district, subject to the provisions in this section.(c) Repurposing. A campus is considered to be repurposed if:(1) a CDCN assigned to a campus is closed;(2) the school district operates a new campus in the same facility as the closed campus; and(3) the new campus meets the criteria in TEC, §39A.113. The campus must:(A) serve a majority of grade levels not served at the original campus.(i) The school district must have a grade level plan approved by Texas Education Agency (TEA) staff.(ii) The campus may repurpose starting with one or more grade spans (elementary, middle school, and/or high school).(I) If the campus repurposes with only one grade span, the campus must repurpose with the lowest grade level or levels to be served and include no more than three elementary grade levels, including prekindergarten-Grade 5; one middle school grade level, including Grades 6-8; or one high school grade level, including Grades 9-12.(II) If the campus repurposes with more than one grade span (elementary, middle school, and/or high school), the campus may repurpose starting with the lowest grade level in each grade span.(iii) The campus may not add more than one grade level per school year;(B) serve a majority of students who did not attend that campus the previous year; and(C) offer a distinctly different academic program as described in subsection (d) of this section.(d) Distinctly different academic program. For purposes of this section, a distinctly different academic program must meet the conditions in paragraphs (1)-(4) of this subsection. Notwithstanding the requirements in this subsection, the campus will be considered to operate a distinctly different education program if the campus is operated under contract as described in TEC, §39A.113(a)(1)(B), and the contract meets the requirements described in §97.1075(d) of this title (relating to Contracting to Partner to Operate a Campus under Texas Education Code, §11.174).(1) The principal and all assistant principals must not have previously served at the campus, unless they are in their first year of assignment at the campus and have demonstrated improvement in academic outcomes at the campus.(2) A teacher employed at the campus under the closed CDCN must apply for a position to continue at the campus and must have demonstrated instructional effectiveness in the previous school year.(3) The school district must ensure that the campus will be open enrollment and will accept students from outside of the campus's geographic boundary and provide a lottery to students outside the geographic boundary if the campus is oversubscribed.(4) The school district must demonstrate that the academic experience of the students at the new campus will differ significantly from the academic experience that was previously offered at the campus, including, but not limited to, a description of the new plans to:(A) implement high-quality instructional materials that are aligned to instructional planning calendars and interim and formative assessments;(B) create a positive school culture;(C) recruit, select, assign, induct, and retain a full staff of highly qualified educators;(D) evaluate and develop instructional staff; and(E) serve special populations and at-risk students.(e) Repurposing after commissioner closure.(1) If a school district is subject to TEC, §39A.111, the commissioner shall order either:(A) the closure of the campus that received a fifth consecutive unacceptable rating with closure taking effect on a date determined by the commissioner; or(B) the appointment of a board of managers to govern the school district as provided by TEC, §39A.202, which takes effect immediately upon appointment. If the commissioner appoints a board of managers, the campus that received a fifth consecutive unacceptable rating may, at the commissioner's discretion:(i) continue to operate; and(ii) receive a new CDCN, subject to the provisions in this subsection relating to repurposing after commissioner closure.(2) If the commissioner assigns a new CDCN to a campus, that assignment takes effect no later than September 1 of the school year following the assignment.(3) The commissioner will determine the effective date of the campus closure ordered under §97.1065 of this title. If the closed campus would receive a campus rating for any year following the year for which a rating was issued that made the school district subject to TEC, §39A.111, the campus may be assigned a label of Not Rated.(4) A school district may repurpose a facility that housed a campus that was closed by order of the commissioner under TEC, §39A.111, and receive a new CDCN if one of the following requirements is met.(A) The campus and school district meet the following criteria:(i) the campus meets the criteria in TEC, §39A.113(a)(1)(A), subsection (c)(3) of this section, or subsection (d) of this section; and(ii) the school district meets the following criteria by June 30 of the year in which the operation of the campus with a new CDCN will begin:(I) the district completes initial training in a TEA-approved governance framework supporting continuous improvement and engages in ongoing implementation for at least the duration of the school year in which the new campus number is open;(II) the district develops and implements a plan to ensure that the students who attended the closed campus do not attend the repurposed campus, unless the campus is to be operated under contract as described in subparagraph (B) of this paragraph. The plan must ensure that students who attended the closed campus:(-a-) are assigned to a campus whose most recent performance rating is an A, B, or C or have access to nearby school choices that are higher performing than the closed campus. For purposes of this subsection, a higher performing campus is a campus whose most recent performance rating is an A, B, or C; and(-b-) must be allowed to attend the new campus until the student would have stopped attending the closed campus by reason of matriculation to another campus or graduation; and(III) the district timely submits all information required by the commissioner to make a determination under this subsection. Failure to submit information by June 30 may result in non-approval of the new CDCN.(B) The campus is operated under contract with a non-profit entity as described in TEC, §39A.113(a)(1)(B), and the contract:(i) meets the requirements described in §97.1075(d) of this title; and(ii) has a term of at least three years. If the contract is terminated prior to the end of the contract term, the commissioner may order closure of the campus or appoint a board of managers as described in TEC, §39A.111.(f) Repurposing after school district closure.(1) A school district may repurpose a facility that housed a closed campus and receive a new CDCN if the district meets the criteria in this subsection.(2) Regardless of the campus's most recent rating, a school district may not repurpose a facility and receive a new CDCN if the commissioner determines that such an assignment would allow the district or campus to evade state or federal accountability sanctions and interventions.(A) If a school district is determined to have requested a new CDCN to evade state or federal accountability sanctions and interventions, the commissioner may:(i) deny the approval of the new CDCN or assign students enrolled under the new CDCN to the prior CDCN; and(ii) open a special investigation of the school district under TEC, §39.003.(B) Changing a CDCN to evade sanctions and interventions may include, but is not limited to, the following scenarios:(i) enrolling zero students in a CDCN and reassigning students to one or more other campuses in the school district;(ii) requesting closure of a CDCN and then serving students in that facility under a different CDCN;(iii) relocating the majority of students to a new facility without prior TEA approval;(iv) requesting closure of a CDCN and repurposing the campus with the same grade configuration; or(v) requesting significant modification of grade levels at a campus with an unacceptable rating even if campus closure is not requested.(3) A school district that closes a campus whose most recent academic accountability rating is acceptable or higher, including a rating of D that meets the criteria in TEC, §39.0543(b), may repurpose the facility that housed that campus and receive a new CDCN unless the commissioner determines that such an assignment would allow the district or campus to evade state or federal accountability sanctions and interventions as described in paragraph (2)(A) of this subsection.(4) A school district that closes a campus whose most recent academic accountability rating is unacceptable may repurpose a facility and receive a new CDCN if:(A) the school district board of trustees ordered the campus closed no later than January 31 of the school year in which the campus could earn its second, third, or fourth consecutive unacceptable rating, as defined in TEC, §39.0543(a) and (c), regardless of whether the facility was used for direct educational services in the school year prior to the proposed operation of the new campus under a new CDCN;(B) the campus meets all criteria in TEC, §39A.113(a)(1)(A), subsection (c)(3) of this section, and subsection (d) of this section related to campus repurposing; and(C) the school district meets the following criteria by June 30 of the year in which the operation of the campus with a new CDCN will begin:(i) the school district completes initial training in a TEA-approved governance framework supporting continuous improvement and engages in ongoing implementation for at least the duration of the school year in which the new CDCN is open;(ii) the school district is issued a final closure order that is not subject to any contingency;(iii) the school district develops and implements a plan to ensure that the students who attended the closed campus do not attend the repurposed campus. The plan must ensure that students who attended the closed campus:(I) are assigned to a campus whose most recent performance rating is an A, B, or C or have access to nearby school choices that are higher performing than the closed campus. For purposes of this subsection, a higher performing campus is campus whose most recent performance rating is an A, B, or C; and(II) must be allowed to attend the new campus until the student would have stopped attending the closed campus by reason of matriculation to another campus or graduation; and(iv) the school district timely submits all information required by the commissioner to make a determination under this subsection. Failure to submit information by June 30 may result in non-approval of the new CDCN.(5) A school district cannot close or order the closure of a campus in the year that the fifth or higher consecutive unacceptable accountability rating could be earned.(g) Repurposing a campus that has not been in operation. Regardless of school district or commissioner closure, the district may repurpose the campus with a new CDCN if the facility has not been used for any direct educational services for at least one complete school year without having to meet requirements in this section.(h) Exemptions. The commissioner may grant an exemption allowing students assigned to a closed campus to attend the repurposed campus if there is no other campus in the school district at which the students may enroll.(i) Reassignment. Notwithstanding the provisions in this section, if the school district reassigns a majority of the students that attended a campus that was closed due to an academically unacceptable rating in the prior year to another campus in the district, the receiving campus may be assigned the CDCN of the closed campus and shall be subject to any sanction or intervention applicable to the closed campus if the commissioner determines that this is necessary to preserve the integrity of the accountability system.</content><note type="source"><p>Source Note: The provisions of this §97.1066 adopted to be effective May 7, 2023, 48 TexReg 2183.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1067"><num value="97.1067">§97.1067</num><heading>Alternative Management of Campuses</heading><content>(a) By January 1 of the school year for which alternative management of a campus is ordered under §97.1065 of this title (relating to Commissioner Determinations for Decisions Preceding Alternative Management, Campus Closure, or Board of Managers), the school district shall:(1) execute a contract, not to exceed five years, in compliance with this section; and(2) relinquish control over the campus to a service provider approved under §97.1069 of this title (relating to Providers of Alternative Campus Management).(b) A contract under this section must be executed by the district and the service provider and must:(1) relinquish all authority to perform the duties and responsibilities of a principal under Texas Education Code (TEC), §11.202(b)(1)-(6), with respect to the campus;(2) comply with TEC, §§39A.153-39A.159; this section; and the requirements and performance measures established by the Texas Education Agency (TEA) under §97.1069 of this title;(3) provide for the creation, maintenance, retention, and transfer of all public records concerning the campus;(4) include provisions governing liability for damages, costs, and other penalties for acts or omissions by the service provider, including failure to comply with federal or state laws;(5) provide for termination of the contract if:(A) the campus is assigned an unacceptable rating under the state academic accountability system for two consecutive school years; or(B) the commissioner of education orders campus closure under §97.1065 of this title;(6) specify additional roles or responsibilities assumed by the service provider, if any;(7) be approved by written resolution of the district's board of trustees; and(8) be approved in writing by the commissioner.(c) The service provider may perform the duties and responsibilities of a principal, and in addition may make requests and recommendations to the district concerning all aspects of campus administration, including personnel and budget decisions.(1) If a request is denied or a recommendation is not implemented by the district, the service provider shall report to the TEA both its request or recommendation and the district's action in response.(2) The commissioner may implement additional sanctions under this subchapter and consider such reports under TEC, §39A.901 and §39A.155, as well as §97.1065(b) of this title.(d) The funding for the campus must be not less than the funding of the other campuses operated by the district on a per-student basis so that the service provider receives at least as much funding as the campus would otherwise have received. The district must continue to support:(1) campus maintenance and operations;(2) transportation;(3) food services;(4) extracurricular activities;(5) central office support services;(6) state assessment administration; and(7) similar operational expenses of the campus.(e) A campus operated by a service provider under this section remains a campus of the district. Educators and staff assigned to work at the campus are district employees for all purposes. The campus is not subject to TEC, §11.253.(f) The commissioner shall order closure of a campus when alternative management of the campus was ordered under this section and:(1) the district resumed operation of the campus under TEC, §39A.155; and(2) for the school year immediately following resumption of operations, the campus is assigned an unacceptable performance rating under the state academic accountability system.(g) A district subject to this section shall comply fully with TEA requests for information for the purpose of evaluating implementation of the contract, student performance, and management of the campus.(h) A district that violates the terms of its contract under this section is subject to further sanctions under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §97.1067 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective July 17, 2012, 37 TexReg 5268; amended to be effective November 17, 2016, 41 TexReg 9012; amended to be effective September 10, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1069"><num value="97.1069">§97.1069</num><heading>Providers of Alternative Campus Management</heading><content>(a) Each school year, the Texas Education Agency (TEA) will issue a request for qualifications (RFQ) to solicit proposals from qualified non-profit management entities to assume the management of campuses identified for sanction under §97.1067 of this title (relating to Alternative Management of Campuses). The commissioner of education may solicit proposals from qualified for-profit entities to assume management of a campus subject to this section if a non-profit entity has not responded to the RFQ.(1) To be approved as a provider of alternative campus management services, a non-profit entity must meet the requirements of Texas Education Code (TEC), §39A.152, and any additional qualifications and procedural requirements specified by the TEA in the RFQ.(2) The commissioner may appoint a school district in the same education service center region as the campus to provide alternative management services under this section. A district appointed under this subsection shall assume management of the campus in the same manner as a non-profit entity.(b) Contact information for each approved provider of alternative campus management services will be posted to the TEA website. The TEA will notify approved providers before posting the providers' information to the website.(c) In addition to any action by the district on the contract, a service provider failing to comply with the terms of a contract under this section, or to perform services as specified in the RFQ, shall be removed from the TEA list of approved service providers.(d) A service provider shall comply fully and promptly with TEA requests for information for the purpose of evaluating implementation of the contract, student performance, and management of the campus.</content><note type="source"><p>Source Note: The provisions of this §97.1069 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective September 10, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1070"><num value="97.1070">§97.1070</num><heading>Increasing Intensity of Interventions and Sanctions</heading><content>(a) If a school district, open-enrollment charter school, or campus thereof does not exhibit improvement in student performance, the commissioner of education may increase the intensity of intervention and sanction that would otherwise be required by statute or rule, including ordering campus closure, school district annexation, or appointment of a board of managers for the school district or open-enrollment charter school.(b) For purposes of this section, improvement means an increase in the scaled score for the overall academic performance rating under Texas Education Code (TEC), Chapter 39.(c) The commissioner may exercise authority under this section when:(1) a school district, open-enrollment charter school, or campus thereof has exceeded statutory or rule limits on consecutive years of poor performance, excluding any transition provisions allowed under statute or rule;(2) circumstances suggest that the lack of improvement requires an increased level of intervention or sanction, even if the performance in a school year would not otherwise count toward consecutive years of unacceptable performance that would be considered in determining the level of intervention or sanction; or(3) the commissioner determines that increasing the intensity of intervention and sanction would better fulfill the purposes of accreditation statuses and accreditation sanctions established under §97.1053(a) of this title (relating to Purpose).(d) The commissioner may determine that good cause exists to maintain the current level of intervention or sanction. Exercising authority under this section constitutes a determination that no good cause exists to maintain the current status. The commissioner may base the determination that no good cause exists to maintain the current status on any information available to the commissioner and may make the determination at any time.</content><note type="source"><p>Source Note: The provisions of this §97.1070 adopted to be effective December 5, 2018, 43 TexReg 7761.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1071"><num value="97.1071">§97.1071</num><heading>Special Program Performance; Monitoring, Review, and Supports</heading><content>(a) For purposes of this section, school districts include open-enrollment charter schools.(b) School districts are subject to general supervision and monitoring activities for compliance with state law and federal regulation, implemented by the Texas Education Agency (TEA) under 34 Code of Federal Regulations (CFR), §§300.600-300.609, and review of program implementation and effectiveness within certain special populations of students. Activities may include:(1) random, targeted, or cyclical reviews authorized under Texas Education Code (TEC), §39.056, conducted remotely or on-site to identify problems implementing state and federal requirements and to provide support for development of reasonable and appropriate strategies to address identified problems; and/or(2) intensive or special investigative remote or on-site reviews authorized under TEC, §39.003 and §39.004.(c) Activities described in subsection (b) of this section are applicable for compliance with requirements for reading diagnosis in TEC, §28.006, and dyslexia and related disorders in TEC, §38.003, and §74.28 of this title (relating to Students with Dyslexia and Related Disorders).(d) Activities described in subsection (b) of this section are applicable for compliance with requirements for program effectiveness for emergent bilingual students in TEC, §29.062.(e) The commissioner of education shall assign school districts an annual determination level based on performance levels of certain special populations student groups under §97.1001 of this title (relating to Accountability Rating System) according to the following general criteria:(1) the degree to which the district's performance reflects a need for targeted or intensive supports, as indicated by the seriousness, number, extent, and duration of the student performance, program effectiveness, and/or program compliance deficiencies identified by the Texas Education Agency (TEA);(2) a comparison of the district's performance relative to aggregated state performance and state performance standards;(3) a statistical distribution of districts exhibiting a comparable need for targeted support; and(4) the length of time the performance standard has been in place and the length of time the district has exhibited deficiencies under the standard.(f) In addition to performance levels determined under §97.1001 of this title, the commissioner may consider any other applicable information, such as:(1) complaints investigation results;(2) special education due process hearing decisions;(3) data validation activities;(4) integrity of assessment or financial data;(5) longitudinal intervention history; and(6) other federally required elements.(g) The standards used to assign districts to specific determination levels under this section are established annually by the commissioner and communicated to all school districts. Determination level categories for assignment include:(1) meets requirements;(2) needs assistance;(3) needs intervention; and(4) needs substantial intervention.(h) In addition to determination levels described in subsections (e) and (g) of this section, the commissioner shall develop a system of cyclical monitoring to ensure every district participates in general supervision activities. Based on a district's assigned determination level, as part of its cyclical monitoring process, or as part of compliance monitoring activities, a district may be required to implement and/or participate in:(1) focused self-analysis of district data and program effectiveness;(2) focused remote and/or on-site review;(3) required stakeholder engagement;(4) focused compliance reviews;(5) strategic support and continuous improvement planning; and/or(6) corrective action plan development.(i) The commissioner shall notify in writing each district identified for review under this section as a result of assigned determination level or cyclical selection prior to requiring a district to implement or participate in any activities included in subsection (h)(1)-(6) of this section.(j) Actions taken under this section are intended to assist the district in raising its performance and/or achieving compliance under §97.1001 of this title, statutory requirements in TEC, § §28.006, 29.062, and 38.003, and §74.28 of this title and do not preclude or substitute for a sanction under another provision of this subchapter.(k) Actions taken under this section do not preclude or substitute for other responses to or consequences of program ineffectiveness or noncompliance identified by TEA, such as those described in §89.1076 of this title (relating to Interventions and Sanctions) and expanded oversight, including, but not limited to, frequent follow-up contacts with the district, submission of documentation verifying implementation of intervention activities and/or an improvement plan, and submission of district/program data.(l) In exercising its general supervision authority under 34 CFR, §300.149 and §300.600, TEA has established a process that provides for the investigation and issuance of findings regarding credible allegations of violations of the Individuals with Disabilities Education Act (IDEA), Part B, or a state statute or administrative rule created to implement IDEA, that arise from an area of concern. The following guidelines shall apply to this process.(1) "Area of concern" means that TEA has been made aware of an allegation regarding a violation of, or noncompliance with, a requirement of IDEA, Part B, or a state special education law or administrative rule.(2) "Credible allegation" means that TEA has determined that an allegation arising from an area of concern is credible enough to investigate further to determine if a violation or noncompliance has occurred.(3) Information and awareness of an area of concern may arise directly from TEA or from external sources.(4) TEA will engage in a process to determine if an area of concern is determined to be a credible allegation, and, if determined credible, TEA will initiate an investigation to determine if findings of noncompliance will be issued.(5) TEA will generally not engage in the process described in paragraph (7) of this subsection to determine if an area of concern is a credible allegation if it is a media report, social media post, or an anonymous report, unless TEA receives corroborating information and facts that a specific violation of state or federal law or rule has occurred if the allegation were to be confirmed true.(6) When an individual or organization reports a special education area of concern, TEA may direct the individual or organization to the established dispute resolution processes. Depending on the frequency or specificity of the type of allegation made, TEA may engage in the activities described in paragraph (4) of this subsection.(7) The process to determine if an area of concern is a credible allegation, as described in paragraph (4) of this subsection, may include one or more of the following actions:(A) reviewing existing citations of noncompliance or any noncompliance identified within the last two school years on the same or similar alleged violation;(B) reviewing filed state complaints that are in process of being investigated or that have been substantiated within the last two school years on the same or similar alleged violation;(C) reviewing due process hearing decisions issued within the last two years in which the hearing officer's final written decision contains a finding of noncompliance on the same or similar alleged violation;(D) gathering evidence from groups that represent or advocate for families and communities served by the district;(E) reviewing and analyzing available student- or district-level data that relate to the alleged violation;(F) reviewing and analyzing fiscal and program information, such as grant applications, contracts, self-assessments, and other special education documents submitted to TEA by the district; and(G) any other activity or measure used to gather evidence within TEA's general supervision and monitoring authority.(8) The investigation to determine if a credible allegation will result in the issuance of findings as described under paragraph (4) of this subsection will include contacting the school district that is the subject of the allegation and requesting a response from the school district. Additional investigative actions may include one or more of the following:(A) conducting interviews with the district, staff, parents, or students;(B) a referral for review or investigation by any other appropriate unit or division within TEA;(C) utilizing the review and analysis of the activities conducted during the review under paragraph (7) of this subsection to determine if noncompliance is found; and(D) any other activity or measure within TEA's general supervision and monitoring authority.(9) TEA may apply any intervention or sanction within its authority if noncompliance or a violation is substantiated, including those described in subsection (h) of this section and §89.1076 of this title.</content><note type="source"><p>Source Note: The provisions of this §97.1071 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective January 5, 2021, 45 TexReg 160; amended to be effective September 18, 2024, 49 TexReg 7319.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1072"><num value="97.1072">§97.1072</num><heading>Residential Facility Monitoring; Determinations, Investigations, and Sanctions</heading><content>(a) Students with disabilities residing in residential facilities (RFs) are a unique and vulnerable population that often has limited access to family members who can advocate for their educational needs. Accordingly, the commissioner of education hereby establishes the Residential Facility Monitoring (RFM) system, through which the Texas Education Agency (TEA) will meet its federal and state special education monitoring obligations under 34 Code of Federal Regulations §300.149 and §300.600 and Texas Education Code (TEC), §29.010, for this population. The definition of an RF for purposes of the RFM system will be included in the Residential Facility Monitoring (RFM) Manual provided in subsection (f) of this section. Districts serving students with disabilities residing in RFs located within the districts' geographic boundaries and/or jurisdictions will be subject to the RFM system. These districts are referred to as RF districts.(b) RF districts shall report data, as directed by the TEA, in a data collection system accessible through the TEA secure website.(c) The commissioner shall determine which RF districts will be subject to RFM activities based on a review of available information according to the following general criteria or other factors set forth in the Residential Facility Monitoring (RFM) Manual:(1) the degree to which the district's data reflect a need for monitoring and intervention, as indicated by the number of RF students with disabilities enrolled in the district; the presence of new RFs within the district; and the district's performance on certain critical indicators related to compliance with special education program requirements;(2) a comparison of the district's performance to aggregated state performance and to the performance of other districts;(3) a review of the district's longitudinal performance;(4) the availability of state and regional resources to intervene in all districts exhibiting a comparable need for intervention; and(5) the length of time since the district was last subject to RFM activities.(d) In addition to the criteria under subsection (c) of this section, the commissioner may use random district selection as a method of system validation and/or may consider any other applicable information such as:(1) complaints investigation results;(2) special education due process hearing decisions;(3) data validation activities;(4) monitoring results under §97.1071 of this title (relating to Special Program Performance; Monitoring, Review, and Supports);(5) the degree to which the district has achieved timely correction of previously identified noncompliance with program requirements; (6) longitudinal intervention history; and(7) other relevant factors.(e) The commissioner may use graduated monitoring and intervention activities to implement the RFM system. In addition to any investigation, intervention, or sanction authorized by TEC, Chapter 39, or §89.1076 of this title (relating to Interventions and Sanctions), such intervention may require an RF district to implement and/or participate in:(1) focused analysis of district data;(2) reviews of district program effectiveness;(3) public meetings;(4) focused compliance reviews conducted by review teams established by the TEA;(5) on-site reviews; and/or(6) corrective action planning.(f) The specific criteria, standards, and procedures for implementing the RFM system are described in the Residential Facility Monitoring (RFM) Manual, dated August 2011, provided in this subsection. The specific criteria, standards, and procedures used in the RFM manual adopted for use prior to 2011 remain in effect for all purposes with respect to the applicable period of adoption.Attached Graphic(g) RFM activities under this section are intended to assist the RF district in achieving compliance with federal and state special education requirements and do not preclude or substitute for a sanction under another provision of this subchapter.(1) The TEA will implement sanctions authorized under TEC, Chapter 39, or this subchapter as necessary to promote timely and complete correction of identified noncompliance.(2) A decision to impose sanctions shall be based on the accreditation and compliance performance of the district, as determined under §89.1076 of this title, §97.1057 of this title (relating to Interventions and Sanctions; Lowered Rating or Accreditation Status), and this subchapter.(h) RFM actions taken under this section do not preclude or substitute for other responses to or consequences of program ineffectiveness or noncompliance identified by the TEA such as:(1) assignment of required professional services, paid for by the district;(2) required submission of an improvement and/or corrective action plan, including the provision of compensatory services as appropriate, paid for by the district;(3) expanded oversight, including, but not limited to, frequent follow-up contacts with the district, submission of documentation verifying implementation of intervention activities and/or a corrective action plan, and submission of district/program data;(4) public release of RFM review findings;(5) issuance of a public notice of deficiencies and planned corrective actions to the district's board of trustees;(6) denial of requests under TEC, §7.056 and/or §12.114; (7) appointment of a monitor, conservator, management team, or board of managers under TEC, Chapter 39, and/or §97.1073 of this title (relating to Appointment of Monitor, Conservator, or Board of Managers);(8) reduction, suspension, redirection, or withholding of program funds;(9) lowering of the district's special education monitoring status; and/or(10) lowering of the district's accreditation status.(i) As a system safeguard, the TEA will conduct desk review or on-site verification activities through random or other means of selection to verify system effectiveness and/or district implementation of RFM requirements, including, but not limited to, accuracy of data reported through the data collection system accessible through the TEA secure website and other data reporting, timely and sufficient implementation of monitoring and intervention activities, implementation of corrective action plans, and continued district compliance after completion of a corrective action plan.</content><note type="source"><p>Source Note: The provisions of this §97.1072 adopted to be effective December 22, 2010, 35 TexReg 11231; amended to be effective August 2, 2011, 36 TexReg 4800; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective January 11, 2022, 47 TexReg 26.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1073"><num value="97.1073">§97.1073</num><heading>Appointment of Monitor, Conservator, or Board of Managers</heading><content>(a) The commissioner of education shall appoint a monitor, conservator, management team, or board of managers whenever such action is required, as determined by this section. Action under any other section of this subchapter is not a prerequisite to acting under this section.(b) The commissioner may appoint a monitor under Texas Education Code (TEC), §39A.002, when:(1) the district has an accreditation rating of Accredited-Warned or Accredited-Probation;(2) a monitor is needed to ensure district-level support to low-performing campuses and the implementation of the updated targeted improvement plan; or(3) all of the following exist:(A) the deficiencies identified under §97.1059 of this title (relating to Standards for All Accreditation Sanction Determinations) require a monitor to participate in and report to the commissioner on the activities of the district's board of trustees and superintendent;(B) the deficiencies identified under §97.1059 of this title are not of such severity or duration as to require direct Texas Education Agency (TEA) oversight of district operations;(C) the district has been responsive to and generally compliant with previous commissioner sanctions and TEA interventions; and(D) stronger intervention is not required to prevent substantial or imminent harm to the welfare of the district's students or to the public interest.(c) The commissioner may appoint a conservator or management team under TEC, §§39A.002, 39A.003, and 39A.102, when:(1) the district has an accreditation rating of Accredited-Probation;(2) a conservator or management team is needed to ensure and oversee district-level support to low-performing campuses and the implementation of the updated targeted improvement plan;(3) the nature or duration of the deficiencies require that the TEA directly oversee the operations of the district in the area(s) of deficiency;(4) the district has not been responsive to or compliant with TEA intervention requirements; or(5) such intervention is needed to prevent substantial or imminent harm to the welfare of the district's students or to the public interest.(d) The decision whether to appoint a conservator or management team under subsection (c) of this section may be based on logistical concerns, including the competencies required and the volume of work involved. The addition of a conservator to form a management team or the addition of additional members to the management team is not a new sanction and does not entitle the district to an additional review.(e) The commissioner may appoint a board of managers under TEC, §§39A.004, 39A.006, 39A.102, 39A.107, 39A.111, 39A.256, or 12.116(d)(1), as applicable, when:(1) sanctions under subsection (b) or (c) of this section have been ineffective to achieve the purposes identified in §97.1057 of this title (relating to Interventions and Sanctions; Lowered Rating or Accreditation Status);(2) the commissioner has initiated proceedings to close or annex the district;(3) the commissioner has initiated proceedings to close a campus, and such intervention is needed to cease operations of the campus;(4) such intervention is needed to prevent substantial or imminent harm to the welfare of the district's students or to the public interest;(5) a board of managers is needed to ensure and oversee district-level support to low-performing campuses and the implementation of the updated targeted improvement plan;(6) the district has a campus that is subject to TEC, §39A.111, and the commissioner does not order the closure of the campus;(7) deficiencies identified in a special investigation warrant the appointment of a board of managers; or(8) a failure in governance results in an inability to carry out the powers and duties of the board of trustees as outlined in TEC, §11.151 and §11.1511.(f) The superintendent, upon appointment, immediately assumes all powers, duties, rights, and responsibilities of the superintendent of the district to which the superintendent is appointed.(g) Not later than the second anniversary date of the appointment of the board of managers, the commissioner shall notify the board of managers and the board of trustees of the date on which the appointment of the board of managers will expire.(h) A board of managers shall, during the period of the appointment, order the election of members of the board of trustees of the district in accordance with applicable provisions of law. Except as provided by this subsection, the members of the board of trustees do not assume any powers or duties after the election until the appointment of the board of managers expires.(1) An individual elected to the board of trustees at an election ordered under this subsection assumes and may exercise all powers and duties of that office at the first official board meeting where the replacement of the member of the board of managers with the elected board of trustees member occurs and after satisfying all legal and procedural prerequisites to take office.(2) Any member of the board of trustees elected during the appointment of the board of managers who has not yet assumed the powers and duties of a member of the board of trustees will not be considered for purposes of constitution of a quorum.(3) A board of managers shall order elections for trustees with three-year terms to be held annually in accordance with TEC, §11.059(b). Following each of the last three years of the period of appointment, one-third of the members of the board of managers shall be replaced by the number of members of the school district board of trustees who were elected at an election ordered under this paragraph that constitutes, as closely as possible, one-third of the membership of the board of trustees.(4) A board of managers shall order elections for trustees with four-year terms to be held biennially in accordance with TEC, §11.059(c). Following each of the last three years of the period of appointment, one-third of the members of the board of managers shall be replaced by the number of members of the school district board of trustees who were elected at an election ordered under this paragraph that constitutes, as closely as possible, one-third of the membership of the board of trustees.(5) Upon the appointment of a board of managers to a school district, the commissioner will designate the sequence in which the board of managers' member groups and eligible board of trustees' member groups, the number of which constitutes, as closely as possible, one-third of the membership of the board of trustees, will be replaced by an equal number of elected board of trustees members. The commissioner may modify the composition or number of members constituting those groups at any time during the period of the appointment.(6) The commissioner may at any time remove and/or replace a member of the board of managers and may expand or reduce the number of the board of manager members at any time during the appointment of the board of managers.(7) On the expiration of the appointment of the board of managers, the board of trustees assumes all of the powers and duties assigned to a board of trustees of the school district.(8) The commissioner may designate the sequence in which an eligible trustee of the board of trustees will replace a member of the board of managers. If the commissioner makes such designation, a trustee replacing a manager would complete the remainder of his or her elected term upon placement to the transitioning board. In the absence of a designation by the commissioner, the trustees elected in an election following each of the last three years of the board of managers' appointment, as determined by the commissioner, shall replace the designated members of the board of managers, except as follows.(A) In the event that the number of trustees elected in the first election exceeds one-third of the total board of trustees membership, the board of managers shall determine by lot which of those trustees shall be selected to initially replace members of the board of managers and assume positions on the board.(B) Any remaining trustees elected at the first election ordered under this paragraph shall replace an equivalent number of members of the board of managers and assume positions on the board in the following year, together with any trustees elected in the second election ordered by the board of managers under this paragraph.(C) In the event that the total number of previously elected trustees who have not yet assumed positions on the board exceeds one-third of the total board of trustees membership, the trustees elected at the first election ordered under this paragraph shall receive priority in the order of placement on the board, followed by trustees elected at the second election, who shall be selected by lot by the board of managers.(D) Any trustees elected in the third election ordered by the board of managers under this paragraph shall replace an equivalent number of members of the board of managers and assume positions on the board following the last year of the period of the board of managers' appointment.(i) The training in effective leadership strategies required under TEC, §39A.205, shall be provided by TEA-approved authorized providers of school board training to each individual appointed by the commissioner to a board of managers, including board of trustees members appointed under subsection (h)(4) of this section, and, following the expiration of the appointment of the board of managers, to the board of trustees of the school district.(j) A board of trustees member appointed under subsection (h)(4) of this section must complete the training required in subsection (i) of this section prior to or within 10 days of the appointment. Failure to do so may result in the removal of the board of trustees member from the board of managers.</content><note type="source"><p>Source Note: The provisions of this §97.1073 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective February 29, 2016, 41 TexReg 1442; amended to be effective January 28, 2018, 43 TexReg 452; amended to be effective February 4, 2019, 44 TexReg 477; amended to be effective January 11, 2022, 47 TexReg 26; amended to be effective September 10, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1075"><num value="97.1075">§97.1075</num><heading>Contracting to Partner to Operate a Campus under Texas Education Code, §11.174</heading><content>(a) Applicability. This section applies only to an independent school district that intends to contract to partner to operate a campus and receive benefits under Texas Education Code (TEC), §11.174 and §48.252.(b) Definitions. For purposes of this division, the following words and terms shall have the following meaning, unless the context clearly indicates otherwise.(1) Operating partner--Either a state-authorized open-enrollment charter school or an eligible entity as defined by TEC, §12.101(a).(2) Open-enrollment charter holder--This term has the meaning assigned in TEC, §12.1012(1).(3) Governing body of a charter holder--This term has the meaning assigned in TEC, §12.1012(2).(4) Governing body of a charter school--This term has the meaning assigned in TEC, §12.1012(3).(5) Contract to partner to operate a campus--This term means the partner must operate the campus in accordance with subsection (c) of this section under a performance contract as outlined in subsection (d) of this section.(6) Campus--This term has the meaning assigned in §97.1051(3) of this title (relating to Definitions).(c) Conferred authority. In order to qualify as operating a district campus under TEC, §11.174, the district must confer, at a minimum, the following enhanced authorities to the operating partner.(1) Staffing authorities.(A) The operating partner must have authority to employ and manage the campus chief operating officer, including initial and final non-delegable authority to hire, supervise, manage, assign, evaluate, develop, advance, compensate, continue employment, and establish any other terms of employment.(B) The operating partner must have authority over the employees of the operating partner, including initial and final non-delegable authority for the operating partner to employ and/or manage all of the operating partner's own administrators, educators, contractors, or other staff. Such authority includes the authority to hire, supervise, manage, assign, evaluate, develop, advance, compensate, continue employment, and establish any other terms of employment.(C) The operating partner must have sole authority over the assignment of all district employees to the campus, including initial and final authority to approve the assignment of all district employees or contractors to the campus.(D) The operating partner must have initial, final, and sole authority to supervise, manage, evaluate, and rescind the assignment of any district employee or district contractor from the campus. If the operating partner rescinds the assignment of any district employee or district contractor, the district must grant the request within 20 working days.(E) The operating partner must directly manage the campus principal or chief operating officer, including having the sole responsibility for evaluating the performance of the campus principal or chief operating officer.(2) Other authorities. The operating partner must have:(A) initial, final, and sole authority to approve all curriculum decisions beyond the minimum requirements outlined in §74.2 of this title (relating to Description of a Required Elementary Curriculum) or §74.3 of this title (relating to Description of a Required Secondary Curriculum), lesson plans, instructional strategies, and instructional materials, as defined in TEC, §31.002(1), to be used at that campus;(B) initial, final, and sole authority over educational programs for specific, identified student groups, such as gifted and talented students, students of limited English proficiency, students at risk of dropping out of school, special education students, and other statutorily defined populations;(C) initial, final, and sole authority to set the school calendar and the daily schedule, which may differ from those in other district campuses;(D) initial, final, and sole authority to select and determine the use of any and all assessments to be used on the campus that are not required by the state of Texas;(E) initial, final, and sole authority to determine how the entire campus budget, including any and all federal and state grant funds due the campus, is allocated. The governing body of the operating partner shall approve the campus budget in a meeting held under the Texas Open Meetings Act, Texas Government Code, Chapter 551. Notwithstanding such budget authority, the operating partner's expenditures must comply with applicable restrictions on the use of state and federal funds; and(F) initial, final, and sole authority to implement and adjust the campus budget.(d) Performance contract. To contract to partner to operate under TEC, §11.174, the independent school district's board of trustees must grant the operating partner a campus charter under TEC, Chapter 12, Subchapter C. The charter must include performance expectations memorialized in a performance contract, as required by TEC, §12.0531. This performance contract must include, at a minimum, the following provisions:(1) a clear and unambiguous description of enhanced authorities as outlined in subsection (c) of this section;(2) academic performance expectations and goals, which shall include, but are not limited to:(A) for campuses that are paired for accountability purposes, specific annual targets for improved student academic performance;(B) for campuses issued an accountability rating under TEC, §39.054, a specific annual target for the overall campus academic rating; and(C) specific consequences in the event that the operating party does not meet the academic performance expectations and goals described in the performance contract;(3) annual financial performance expectations and goals, which shall include, but are not limited to:(A) the completion of an annual independent financial report, including an audit, of the operating partner organization, limited to matters directly related to the management or operation of the campus or campuses;(B) receipt of an unqualified audit opinion, in connection with the annual financial report required in subparagraph (A) of this paragraph; and(C) specific consequences in the event that the operating partner does not meet the annual financial performance expectations and goals described in the performance contract;(4) a description of the campus enrollment and expulsion policies that must comply with TEC, §11.174(i);(5) a contract term of up to 10 years as required by TEC, §12.0531, with a provision(s) specifying:(A) a requirement for a public hearing at least 30 days prior to any district action to terminate the contract for an operating partner that successfully met the performance expectations and goals described in the performance contract; and(B) a requirement for a public hearing at least 30 days prior to any district action to extend the contract for an operating partner that failed to meet the performance expectations and goals described in the performance contract;(6) a contract term stating that the campus is exempt from laws and rules to the fullest extent allowed by TEC, Chapter 12, Subchapter C, and is exempt from all district policies except for laws, rules, and policies that are specifically identified as applicable to the campus in the performance contract;(7) a section that describes the funding structure of the partnership. This section must specify:(A) a reasonable per pupil amount or percentage of the revenue generated by attendance at the campus from the district to the operating partner of all federal, state, and local funds due the campus, to be paid to the operating partner for managing the campus or campuses each year;(B) the total budget for the first year of operation; and(C) the authority of the partner over the entire campus budget, which includes all federal, state, and local funds due the campus as described in subparagraph (A) of this paragraph;(8) service-level agreements that list the resources and services the operating partner intends to purchase from the district and the specific costs of such services by pupil, square foot, campus, or the percentage of the total district budget for the specific resource or service. The resources and services may include:(A) facility use and related matters;(B) transportation;(C) specific education program services, such as providing special education services; and(D) access to other resources and services as agreed between the parties;(9) a section that describes the educational plan or academic model that the operating partner will implement on the campus or campuses;(10) an assurance that the district has consulted with campus personnel regarding the provisions included in the performance contract and that the rights and protections afforded by current employment contracts or agreements shall not be affected by this contract as required by TEC, §11.174(c), unless the district is partnering with an entity described in TEC, §11.174(a)(2); and(11) a description of the specific and material consequence(s) in the instance that either the district or the operating partner breaches the contract.(e) Capacity to operate. In order to qualify as an eligible partnership under TEC, §11.174, the district must demonstrate that the operating partner has the necessary capacity to successfully manage campuses.(f) Contract notification to the TEA. In order to qualify as an eligible partnership under TEC, §11.174, notification of contracts related to TEC, §11.174(a)(1), must meet the deadlines published by the TEA staff.(g) Contract amendments. Eligible partnerships under TEC, §11.174, must notify the TEA of amendments to performance contracts related to TEC, §11.174(a)(1) and (2), within 30 calendar days of the amendment of the contract.(h) Performance ratings. The commissioner of education shall continue to evaluate and assign overall and domain performance ratings under TEC, §39.054, to the campus.(i) Monitoring. In order to qualify for ongoing benefits, subsequent to initial eligibility validation or approval, the eligible partnership campus must comply with all information requests or monitoring visits deemed necessary by the TEA staff to monitor the ongoing eligibility of the partnership.(j) Continued eligibility. To receive benefits under TEC, §11.174(f) and (g) and §48.252, the district must continuously meet the requirements in subsections (c)-(i) of this section.</content><note type="source"><p>Source Note: The provisions of this §97.1075 adopted to be effective April 4, 2018, 43 TexReg 1993; amended to be effective September 1, 2019, 44 TexReg 4477; amended to be effective March 31, 2020, 45 TexReg 2168; amended to be effective March 26, 2024, 49 TexReg 1921.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1077"><num value="97.1077">§97.1077</num><heading>School Year Under Contract to Operate a District Campus</heading><content>(a) A campus is eligible under Texas Education Code (TEC), §11.174(f) or (g), for an exemption from applicable sanctions or actions under TEC, §39A.101(a) and §39A.111, if:(1) the campus and the partnership to operate the campus meet all applicable requirements; and(2) the campus was operated under the partnership from the first to the last day of the school year of the campus.(b) The provisions of this subsection expire on September 1, 2022. Notwithstanding any other provision, if a partnership agreement is executed prior to the first day of the 2018-2019 school year, the campus will be eligible for an exemption under TEC, §11.174(f) and (g), from applicable sanctions or actions under TEC, §39A.101(a) or §39A.111, based on failure to satisfy the academic performance standards during the 2017-2018 school year if:(1) the campus and the partnership to operate the campus meet all applicable requirements;(2) the partnership agreement is executed prior to April 30, 2018; and(3) the campus is operated under the partnership agreement during a portion of the 2017-2018 school year.(c) The provisions of this subsection expire on September 1, 2023. Notwithstanding any other provision, if a partnership agreement is executed prior to the first day of the 2019-2020 school year, the campus will be eligible for an exemption under TEC, §11.174(f) and (g), from applicable sanctions or actions under TEC, §39A.101(a) or §39A.111, based on failure to satisfy the academic performance standards during the 2018-2019 school year if:(1) the campus and the partnership to operate the campus meet all applicable requirements;(2) the partnership agreement is executed prior to November 30, 2018; and(3) the campus is operated under the partnership agreement during a portion of the 2018-2019 school year.(d) A school year under subsection (a)(2) of this section must include, at a minimum:(1) all minutes of operation and instructional time conducted on the campus for purposes of TEC, §25.081 and §42.005; and(2) all the days for which the instructional workforce of the campus that provides educational services for students under paragraph (1) of this subsection was employed.(e) While the performance of a campus operated under a partnership for less than a school year as described by subsections (a)(2) and (d) of this section may not qualify for an exemption from applicable sanctions or actions under TEC, §11.174(f), it may be used to meet the threshold necessary to receive the exemption for the following two school years of operation under a partnership.(f) Upon request of the commissioner of education, a school district shall provide information to substantiate a school year for the campus.</content><note type="source"><p>Source Note: The provisions of this §97.1077 adopted to be effective April 4, 2018, 43 TexReg 2006.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c97/scEE/s97.1079"><num value="97.1079">§97.1079</num><heading>Determination Processes and Criteria for Eligible Entity Approval under Texas Education Code, §11.174</heading><content>(a) Applicability. This section applies only to independent school districts that intend to contract to partner to operate a campus and receive benefits under Texas Education Code (TEC), §11.174(a)(2).(b) Definitions. For purposes of this division, the following words and terms shall have the following meaning, unless the context clearly indicates otherwise.(1) Eligible entity--This term has the meaning assigned in TEC, §12.101(a).(2) Campus--This term has the meaning assigned in §97.1051(3) of this title (relating to Definitions).(3) Applicant--This term refers to an independent school district seeking approval to receive benefits for an eligible entity to contract to partner to operate a campus.(4) Proposed operating partner--This term refers to the eligible entity seeking approval in coordination with an independent school district to contract to partner to operate a campus.(c) Institutions of higher education. This subsection applies to entities meeting the definition of an institution of higher education as described in TEC, §61.003.(1) For applicants seeking eligibility approval of an institution of higher education, which has been granted a charter in accordance with TEC, Chapter 12, Subchapter E, as the proposed operating partner, the commissioner of education will treat the institution of higher education as an open-enrollment charter school under TEC, §11.174(a)(1).(2) The commissioner may approve an eligibility approval request under this section if the commissioner determines that the approval of the eligibility approval request will improve student outcomes at the campus.(d) Private or independent institutions of higher education that are not described in subsection (c) of this section, non-profits, and governmental entities. This subsection applies to entities meeting the definitions described in TEC, §12.101(a)(2), (3), and (4).(e) Application requirements.(1) Prior to each eligibility approval cycle, the commissioner shall approve an application package for submission by applicants seeking eligibility approval as specified in TEC, §11.174. The application package may contain, but is not limited to, any of the following:(A) an application form;(B) the timeline for submission of completed forms;(C) requirements, including mandatory training sessions for districts and proposed operating partners, that must be met in order for applications to be approved;(D) scoring criteria and procedures for use by the review panel selected under paragraph (6) of this subsection; and(E) eligibility approval criteria, including the minimum score necessary for approval.(2) The Texas Education Agency (TEA) shall review application packages submitted under this section. If the TEA determines that an application package is not complete and/or the applicant does not meet the eligibility criteria in TEC, §11.174, the TEA shall notify the applicant and allow ten business days for the applicant to submit any missing or explanatory documents.(A) If, after giving the applicant the opportunity to provide supplementary documents, the TEA determines that the eligibility approval request remains incomplete and/or the eligibility requirements of TEC, §11.174, have not been met, the eligibility approval request will be denied.(B) If the documents are not timely submitted, the TEA shall remove the eligibility approval request without further processing. The TEA shall establish procedures and schedules for returning eligibility approval requests without further processing.(C) Failure of the TEA to identify any deficiency or notify an applicant thereof does not constitute a waiver of the requirement and does not bind the commissioner.(D) A decision made by the TEA to deny, remove, or return an eligibility approval request is a final administrative decision of the TEA and may not be appealed under TEC, §7.057.(3) Upon written notice to the TEA, an applicant may withdraw an application package.(4) All parts of the district's application package are releasable to the public under the Texas Public Information Act, Texas Government Code, Chapter 552, and will be posted to the TEA website. Therefore, the following must be excluded or redacted from an application package submission:(A) personal email addresses;(B) proprietary material;(C) copyrighted material;(D) documents that could violate the Family Educational Rights and Privacy Act (FERPA) by identifying potential students of the partnership school, including, but not limited to, sign-in lists at public meetings about the school, photographs of existing students if the school is currently operating or photographs of prospective students, and/or letters of support from potential charter school parents and/or students; and(E) any other information or documentation that cannot be released in accordance with Texas Government Code, Chapter 552.(5) TEA will remove from review any application packages that:(A) include plagiarism;(B) are from districts that did not submit a letter of intent by the TEA published deadline;(C) are from districts that did not participate in TEA required trainings;(D) are from districts whose proposed operating partners did not attend TEA required trainings;(E) are not submitted by the TEA published deadline;(F) include an operating partner that does not have the following:(i) a governing board with a minimum of three members. All partner governing board members must meet the requirements outlined in subsection (e)(9)(C)(vi) of this section; and(ii) at least one full-time equivalent dedicated to the management of the campus or campuses. The full-time equivalent may be employed by the district only if they are under contractual obligation with the operating partner board and the district can demonstrate that they are solely dedicated to planning the launch of the campus at the time of application for benefits; or(G) include performance contracts that are contingent on approval of benefits under TEC, §11.174(a)(2), or a performance rating assigned to the campus based on performance that occurred prior to the operation of the campus by the operating partner.(6) Applicants with complete application packages satisfying the requirements in paragraph (5) of this subsection will be reviewed by a review panel selected by the commissioner. The panel may include TEA staff or external stakeholders. The panel shall review application packages in accordance with the procedures and criteria established in the application package and guidance form. Review panel members shall not discuss eligibility approval requests with anyone except TEA staff. Review panel members shall not accept meals, entertainment, gifts, or gratuities in any form from any person or organization with an interest in the results of an application package review. Members of the review panel shall disclose to the TEA immediately the discovery of any past or present relationship with an applicant, including any current or prospective employee, agent, officer, or director of the eligible entity, an affiliated entity, or other party with an interest in the approval of the application package.(7) TEA staff may interview applicants, may specify individuals from the district and proposed operating partner required to attend the interview, and may require the submission of additional information and documentation prior to an interview.(8) No recommendation, ranking, or other type of endorsement by a member or members of the review panel is binding on the commissioner.(9) The commissioner will consider criteria that include the following when determining whether to approve an applicant.(A) The criteria described in this subparagraph apply to all campuses. Each applicant must submit financial information that demonstrates that the proposed operating partner:(i) is provided with a reasonable per pupil amount or percentage of the revenue generated by attendance at the campus from the district to the operating partner of all federal, state, and local funds due the campus, to be paid to the operating partner for managing the campus or campuses each year;(ii) has provided the total budget for the first year of operation of the campus to the district; and(iii) has authority over the entire campus budget, which includes all of the federal, state, and local funds due the campus as described in clause (i) of this subparagraph.(B) The criteria described in this subparagraph apply to application packages relating to partnerships between a district and an organization authorized under TEC, Chapter 12, Subchapters D and E.(i) Each applicant must demonstrate evidence of the district's adoption and implementation of the TEA model authorizing policy or a similar policy approved by TEA.(I) For application packages submitted for benefits that begin in the 2021-2022 school year, districts not using the TEA model policy must have the local authorizing policy approved prior to the application review.(II) TEA will release the authorizing policy approval timeline and process annually.(III) TEA approval of local authorizing policies expires if the district changes the authorizing policy or if related sections of the Texas Administrative Code (TAC) or TEC change.(ii) Each applicant must submit a performance contract that demonstrates that the applicant and proposed operating partner meet the requirements to contract to partner to operate, as outlined in §97.1075 of this title (relating to Contracting to Partner to Operate a Campus under Texas Education Code, §11.174).(C) The criteria described in this subparagraph apply to application packages relating to partnerships between a district and any other type of partner except for operating partners described in subparagraph (B) of this paragraph. Each applicant must demonstrate:(i) evidence of district capacity to authorize and oversee district charter campuses authorized under TEC, Chapter 12, Subchapter C, which must include:(I) at least one district employee, employed prior to the district evaluation of the partnership, and fully dedicated to overseeing the authorizing and ongoing monitoring of in-district charter schools; and(II) for benefits that begin in the 2021-2022 school year, evidence that the district employee has completed a TEA training program on authorizing and partnerships no later than one year from the date of benefits approval;(ii) evidence of the district's adoption and implementation of a high-quality district charter authorizing process as required by TEC, §12.058, which must include the following:(I) the district's adoption and implementation of the TEA model authorizing policy or a similar policy approved by TEA prior to or as part of the application review. The following provisions apply.(-a-) For application packages submitted for benefits that begin in the 2021-2022 school year, districts not using the TEA model policy must have the local authorizing policy approved prior to the application review.(-b-) TEA will release the authorizing policy approval timeline and process annually.(-c-) TEA approval of local authorizing policies expires if the district changes the authorizing policy or if related sections of the TAC or TEC change;(II) evidence of the district's adoption and implementation of the TEA model campus charter application or similar application and scoring rubric or a similar application and scoring rubric approved by TEA. The following provisions apply.(-a-) For application packages submitted for benefits that begin in the 2021-2022 school year, districts not using the TEA model campus application and scoring rubric must have the local campus application approved prior to the application review.(-b-) TEA will release the local campus application and scoring rubric approval timeline and process annually.(-c-) TEA approval of a local campus application and scoring rubric expires if the district changes the authorizing policy or if related sections of the TAC or TEC change; and(III) evidence that, at a minimum, the district:(-a-) required the proposed operating partner to complete the application without assistance from the district or a district assigned vendor;(-b-) employed a review panel to read the application from the operating partner and that the review panel identified strengths and weaknesses of the application;(-c-) reviewed any operating and academic performance history of the proposed operator; and(-d-) conducted a capacity interview with the board and proposed staff of the partner organization;(iii) evidence of the capacity of the operating partner to manage the campus or campuses, including evidence that:(I) the board of the operating partner includes at least three people and that their membership on the board pre-dates the submission of their application to the district;(II) the operating partner has staff that will be fully dedicated to the management of the campus or campuses and that the level of staffing is reasonable given the number of campuses to be managed;(III) the staff of the operating partner dedicated to the management of the campus or campuses has experience managing schools or academic programs;(IV) the operating partner is provided with a reasonable per pupil amount or percentage of the revenue generated by attendance at the campus from the district to the operating partner of all federal, state, and local funds due the campus, to be paid to the operating partner for managing the campus or campuses each year; and(V) the governing board of the operating partner will participate in board governance training provided by TEA or a vendor recommended by TEA within one year of approval of benefits;(iv) evidence of a clear and coherent academic model or program to be implemented by the partner organization, including evidence that:(I) the partner can clearly describe a consistent school vision for the campus or all campuses, including its culture, curriculum, assessment program, instructional strategies, talent recruitment and management strategies, and professional development activities or programs;(II) the partner can clearly provide evidence that the aforementioned strategies and programs can be effective with the student population served in the campus or campuses; and(III) the partner can clearly describe the management routines and practices to be implemented by the operating partner in managing the staff and academic programs as the campus or campuses;(v) evidence that the applicant and proposed operating partner meet the requirements to contract to partner to operate, as outlined in §97.1075 of this title;(vi) an assurance that the governing body of the operating partner shall remain independent of the independent school district. This may include the following:(I) an assurance that the governing body of the operating partner is not and shall not be comprised of any members of the independent school district's board of trustees, the superintendent, or staff responsible for granting the contract to partner to operate or overseeing the performance contract;(II) an assurance that the majority of the governing body of the operating partner is not and shall not be comprised of district staff;(III) an assurance that no member of the governing body of the operating partner will be related within the first degree of affinity or consanguinity with any members of the independent school district's board of trustees, the superintendent, or staff responsible for granting the charter or contract to partner to operate or overseeing the performance contract;(IV) an assurance that all members of the governing body of the operating partner have passed and will continually pass the district's conflict of interest checks;(V) an assurance that the district has not appointed a majority of the members of the governing board of the operating partner; and(vii) an assurance that the school district will provide a list of the board members of the governing body and a description of their respective backgrounds upon approval and annually thereafter.(D) The criteria described in this subparagraph apply to a campus whose last preliminary or final overall performance rating was unacceptable. In addition to the criteria described in subparagraphs (A)-(C) of this paragraph, as applicable, each applicant must demonstrate evidence that the operating partner has the capacity necessary to successfully turn around campuses.(i) For partnership benefits applied to district charter campuses authorized under TEC, Chapter 12, Subchapter C, that are approved for the 2020-2021 or 2021-2022 school year, evidence must be provided that the operating partner has staff in leadership positions with at least three years of experience managing campuses to academic success.(ii) For partnership benefits applied to all campuses approved for the 2022-2023 school year and thereafter, evidence must be provided that the operating partner:(I) has been in existence for at least three years prior to undertaking the management of the district campus;(II) has managed multiple campuses for multiple years; and(III) has a track record of managing campuses to academic success or has significantly improved the academic performance of campuses.(E) In order to qualify for ongoing benefits, subsequent to initial eligibility validation or approval, the eligible partnership campus must comply with all information requests or monitoring visits deemed necessary by TEA staff to monitor the ongoing eligibility of the partnership.(F) To receive benefits under TEC, §11.174(f) and (g) and §48.252, the district must continuously meet the requirements in this subsection.(G) Notwithstanding this subsection, the commissioner will treat a campus granted a charter under TEC, Chapter 12, Subchapter C, as an open-enrollment charter school under TEC, §11.174(a)(1), if the Subchapter C charter was granted by a high-quality district authorizer. A high-quality district authorizer is a district that has successfully completed a state-approved professional development program in high-quality authorizing and has operated at least four Subchapter C campuses that are eligible for benefits under TEC, §11.174, in the prior year with at least 75% of those campuses performing at or above an agency-identified threshold for each campus's School Progress Domain.</content><note type="source"><p>Source Note: The provisions of this §97.1079 adopted to be effective April 4, 2018, 43 TexReg 1993; amended to be effective September 1, 2019, 44 TexReg 4477; amended to be effective March 31, 2020, 45 TexReg 2174; amended to be effective March 26, 2024, 49 TexReg 1921.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c97/scFF"><num value="FF">SUBCHAPTER FF</num><heading>COMMISSIONER'S RULES CONCERNING THE JOB CORPS DIPLOMA PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p2/c97/scFF/s97.2001"><num value="97.2001">§97.2001</num><heading>Job Corps Diploma Program Accountability Procedures</heading><content>(a) Intent and purpose. The Job Corps diploma program develops and implements educational programs specifically designed for persons eligible for enrollment in a Job Corps training program established by the U.S. Department of Labor. The Job Corps diploma program was established in order for eligible students to satisfy the requirements necessary to receive a high school diploma. (b) Student eligibility. A person is eligible to participate in the Job Corps diploma program if the person is enrolled in an established Job Corps training program and has not satisfied the state requirements to receive a high school diploma. Any person enrolled in good standing in the Job Corps diploma program is eligible for programs or services under the Texas Education Code (TEC), Chapter 18. A person's eligibility for programs and services under the TEC, Chapter 18, does not make a person ineligible for an education program or service under any other chapter of the TEC. (c) Program requirements. The TEC, §1.001, applies to a Job Corps diploma program operated by or under contract with the U.S. Department of Labor. (1) The Job Corps diploma program shall provide a course of instruction that includes the required curriculum under the TEC, §28.002, §74.1 of this title (relating to Essential Knowledge and Skills), and §74.3 of this title (relating to Description of a Required Secondary Curriculum). (2) The Job Corps diploma program shall offer, annually, at least all the courses required for an eligible student to graduate under the applicable minimum high school program described in Chapter 74 of this title (relating to Curriculum Requirements). (3) A student enrolled in the Job Corps diploma program must satisfy the appropriate Texas Assessment of Knowledge and Skills assessments required for graduation before receiving a high school diploma. (d) Accountability procedures. Job Corps diploma program evaluations and ratings issued in 2009 are based upon specific procedures, standards, and performance indicators, which are described in the Job Corps Diploma Program Accountability Procedures Manual, dated August 2008, provided in this subsection. The specific procedures, standards, and performance indicators used in the Job Corps Diploma Program Accountability Procedures Manual adopted for use prior to 2009 remain in effect for all purposes, including accountability, data standards, and audits, with respect to the applicable school year. Attached Graphic(e) Annual review. The Texas Education Agency (TEA) shall conduct an annual review to evaluate Job Corps diploma program performance based on indicators provided in the Job Corps Diploma Program Accountability Procedures Manual described in subsection (d) of this section. The diploma program shall comply with all applicable requirements of state laws and rules. (f) Performance indicators. Annually, the commissioner of education shall review and determine the student performance indicators appropriate to the characteristics of the students served by the Job Corps diploma program. The performance of the Job Corps diploma program shall be evaluated on the basis of the specific indicators as determined by the commissioner of education. (1) The annual evaluation shall be based on, at a minimum, the following performance indicators: (A) student performance on appropriate grade levels and subject areas assessed by the Texas Assessment of Knowledge and Skills; (B) dropout rate for the grade levels served; and (C) diploma program completion rate. (2) To the extent appropriate, the annual performance review shall incorporate other indicators from the Academic Excellence Indicator System (AEIS) under the TEC, Chapter 39. (g) Accountability ratings and criteria. The procedures for determining the Job Corps diploma program accountability ratings are established in the Job Corps Diploma Program Accountability Procedures Manual described in subsection (d) of this section. (1) The Job Corps diploma program performance on selected AEIS indicators shall be used by the TEA in determining the annual performance rating of the Job Corps diploma program. (2) A performance rating assigned to the Job Corps diploma program may be appealed to the commissioner of education in accordance with the procedures established in the Job Corps Diploma Program Accountability Procedures Manual described in subsection (d) of this section. (3) The commissioner of education may lower the Job Corps diploma program accountability rating based on the findings of an on-site investigation conducted under the TEC, Chapter 39. (4) If a Job Corps diploma program is below a standard set under the TEC, Chapter 39, for an accountability indicator used for performance ratings, the program is considered a low-performing program. If the Job Corps diploma program is low performing for a period of two consecutive years or more, the commissioner of education may close the program.(h) Reporting of data. The Job Corps diploma program shall report to the TEA accountability data on a submission schedule determined by the TEA. Performance data shall be disaggregated with respect to student attributes as determined by the commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §97.2001 adopted to be effective December 10, 2006, 31 TexReg 9827; amended to be effective November 28, 2007, 32 TexReg 8502; amended to be effective November 15, 2009, 34 TexReg 8034.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c100"><num value="100">CHAPTER 100</num><heading>CHARTERS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c100/scA"><num value="A">SUBCHAPTER A</num><heading>OPEN-ENROLLMENT CHARTER SCHOOLS</heading><section identifier="/us/state/tx/tac/t19/p2/c100/scA/s100.1"><num value="100.1">§100.1</num><heading>Selection Process</heading><content>(a) In accordance with Texas Education Code (TEC), §12.101, a State Board of Education (SBOE) member shall be designated by the SBOE chair to work in coordination with the commissioner of education on the review of TEC, Chapter 12, Subchapter D, open-enrollment charter school applicants.(b) Following the commissioner's notification to the SBOE of the charters the commissioner proposes to grant, a majority of the SBOE members present and voting may vote to veto the commissioner's proposed charter(s) or may vote to take no action. The SBOE's consideration of the proposed charters will occur no later than 90 days following the commissioner's notification.(c) The SBOE may not vote or deliberate on any charter application that has not been proposed by the commissioner. For purposes of this section, deliberation is defined in Texas Government Code, §551.001.(d) An applicant for an open-enrollment charter, or any person or entity acting on behalf of an applicant for an open-enrollment charter, shall not communicate with a member of the SBOE concerning a charter school application beginning on the date the application is submitted and ending on the date the applicant passes through an external review with a qualifying score. The SBOE may veto a proposed application for violation of this subsection.</content><note type="source"><p>Source Note: The provisions of this §100.1 adopted to be effective October 21, 2014, 39 TexReg 8265; amended to be effective October 31, 2023, 48 TexReg 6354.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c100/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS</heading><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1001"><num value="100.1001">§100.1001</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise.(1) Business manager--A person charged with managing the finances of a charter holder or charter school.(2) Campus administration officer--A person charged with the duties of, or acting as, a principal or assistant principal of a charter school campus, including one or more of the following functions:(A) approving teacher or staff appointments for a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter;(B) setting specific education objectives for a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter;(C) developing budgets for a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter;(D) assuming the administrative responsibility or instructional leadership, under the supervision of a central administration officer, for discipline at a charter school campus;(E) assigning, evaluating, or promoting personnel assigned to a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter; or(F) recommending to a central administration officer the termination or suspension of an employee assigned to a charter school campus, or recommending the non-renewal of a term contract of such an employee.(3) Capitalized personal property, fixed assets, ownership interest, cost basis, accumulated depreciation, loan, debt, credit, and fair market valuation--The definitions of these terms are as assigned either by §109.41 of this title (relating to Financial Accountability System Resource Guide) and/or by generally accepted accounting principles.(4) Central administration officer--A person charged with the duties of, or acting as, a chief operating officer, director, or assistant director of a charter holder or charter school, including one or more of the following functions:(A) assuming administrative responsibility and leadership for the planning, operation, supervision, or evaluation of the education programs, services, or facilities of a charter holder or charter school, or for appraising the performance of the charter holder's or charter school's staff;(B) assuming administrative authority or responsibility for the assignment or evaluation of any of the personnel of the charter holder or charter school, including those employed by a management company;(C) making recommendations to the governing body of the charter holder or the charter school regarding the selection of personnel of the charter holder or charter school, including those employed by a management company;(D) recommending the termination, non-renewal, or suspension of an employee or officer of the charter holder or charter school, including those employed by a management company; or recommending the termination, non-renewal, suspension, or other action affecting a management contract;(E) managing the day-to-day operations of the charter holder or charter school as its administrative manager;(F) preparing or submitting a proposed budget to the governing body of the charter holder or charter school (except for developing budgets for a charter school campus, if this is a function performed by a campus administration officer under the terms of the open-enrollment charter);(G) preparing recommendations for policies to be adopted by the governing body of the charter holder or charter school, or overseeing the implementation of adopted policies, except for legal services provided by an attorney licensed to practice law in this state or public accountancy services provided by a certified public accountant licensed to practice public accountancy services in this state;(H) developing or causing to be developed appropriate administrative regulations to implement policies established by the governing body of the charter holder or charter school, except for legal services provided by an attorney licensed to practice law in this state or public accountancy services provided by a certified public accountant licensed to practice public accountancy services in this state;(I) providing leadership for the attainment of student performance in a charter school operated by the charter holder, based on the indicators adopted under Texas Education Code (TEC), §39.053 and §39.054, or other indicators adopted by the charter holder in its open-enrollment charter; or(J) organizing the central administration of the charter holder or charter school.(5) Charter holder, governing body of a charter holder, and governing body of a charter school--The definitions of these terms are assigned in TEC, §12.1012. The charter holder shall reference an entity authorized by one or more of the following:(A) TEC, Chapter 12, Subchapter D--An eligible entity as defined in TEC, §12.101, that is authorized to operate an open-enrollment charter school;(B) TEC, Chapter 12, Subchapter E--A public junior college, public senior college, or university as defined in TEC, §61.003, that is authorized to operate an open-enrollment charter school; or(C) TEC, Chapter 12, Subchapter G--An eligible entity as defined in TEC, §12.256, that is authorized to operate an open-enrollment charter school for adults ages 18-50.(6) Charter school--A Texas public school operated by a charter holder under an open-enrollment charter contract granted either by the State Board of Education (SBOE) or commissioner of education, whichever is applicable, pursuant to TEC, §12.101, identified with its own county district number.(A) An "employee of a charter school," as used in this subchapter, means a person paid to work at a charter school under the direction and control of an officer of a charter school, regardless of whether the person is on the payroll of the charter holder, a charter school operated by the charter holder, a management company providing management services to the charter holder, or any other person.(B) A charter school "campus," as used in this subchapter, means an organizational unit of a charter school determined by the Texas Education Agency (TEA) to be an instructional campus for purposes of data collection and reporting. A campus may be a single site or may include multiple sites as described in subparagraph (C) of this paragraph.(C) A charter school "site," as used in this subchapter, means an organizational unit of a charter school with administrative personnel identified by a separate street address within 25 miles of the campus with which it is associated and fully described in the open-enrollment charter. A "site" must be approved for instructional use either in the original open-enrollment charter as granted by the SBOE or commissioner or in an amendment granted under §100.1035 of this title (relating to Charter Amendment).(D) A charter school "facility," as used in this subchapter, means a building located on the same contiguous land as the campus with which it is associated or within one mile of the campus. The facility and its associated address must be approved for instructional use through the submission of a certificate of occupancy to the commissioner prior to serving students in said facility.(7) Chief executive officer--A person (or persons) directly responsible to the governing body of the charter holder for supervising one or more central administration officers, campus administration officers, and/or business managers.(8) Determination of academic accountability--The process used to determine the applicable year's accountability ratings to measure the academic performance of a charter.(A) For the purposes of this chapter, the term "academically acceptable" for the following rating years shall mean:(i) 2004-2011: the category of acceptable performance shall include a rating of Exemplary, Recognized, Academically Acceptable, and alternative education accountability (AEA): Academically Acceptable;(ii) 2013-2016: the category of acceptable performance shall include a rating of Met Standard and Met Alternative Standard; and(iii) 2017 and beyond: the category of acceptable performance shall include a grade of A, B, or C, or as otherwise indicated in the applicable year's academic accountability manual.(B) For purposes of determination, an academic performance rating during the 2011-2012 school year will not be considered.(C) For the purposes of this chapter, the term "academically unacceptable" performance means a rating of Academically Unacceptable, AEA: Academically Unacceptable, Improvement Required, or Unacceptable Performance or as otherwise indicated in the applicable year's academic accountability manual.(D) If academic ratings are not issued for any reason, scaled scores may be used to determine "academically acceptable" and "academically unacceptable" performance.(9) Determination of financial accountability--The process used to determine the applicable year's Financial Integrity Rating System of Texas (FIRST) rating to measure the financial performance of a charter.(A) For purposes of this chapter, a satisfactory rating shall mean: Superior Achievement, Above Standard Achievement, or Standard Achievement.(B) For the purposes of this chapter, a lower than satisfactory financial performance rating shall mean a FIRST rating of Substandard Achievement, Suspended: Data Integrity, or as otherwise indicated in the applicable year's financial accountability manual.(10) Donate--Services are donated if:(A) given free of any charge, cost, fee, compensation, reimbursement, remuneration, or any other thing of value or consideration, whether direct or indirect, from the donee to the donor, or from any other person or entity to the donor on behalf of the donee;(B) given free of any condition, stipulation, promise, requirement, or any other obligation, whether direct or indirect, enforceable by the donor or by any other person or entity; and(C) separately and clearly recorded in the accounting, auditing, budgeting, reporting, and recordkeeping systems for the management and operation of the charter school.(11) Employee of a charter holder--A charter holder employee who engages in no charter school activity, is not compensated with public funds, and is not an officer of any charter school.(12) Former charter holder--An entity that is or was a charter holder, but that has ceased to operate a charter school because its open-enrollment charter has been revoked, surrendered, abandoned, or denied renewal, or because all programs have been ordered closed under TEC, Chapter 39.(A) A charter holder whose authority to operate has been suspended under TEC, §12.1162, is not a former charter holder.(B) A charter holder with more than one open-enrollment charter is a former charter holder only with respect to the open-enrollment charter that authorizes a charter school that has ceased to operate. The charter holder is not a former charter holder with respect to an open-enrollment charter that authorizes a charter school that continues to operate.(C) A charter holder who was eligible for high quality designation under §100.1035 of this title immediately prior to ceasing to operate that has surrendered its charter, provided that there was no settlement agreement requiring closure or a required closure under TEC, Chapter 39. A former charter holder that has relinquished its charter is not subject to the prohibitions in TEC, §12.101(b), or §100.1011(c)(1) of this title (relating to Application Requirements and Selection Process).(13) High-performing entity--An entity that satisfies the criteria under TEC, §12.1011(a)(1), for out-of-state operations or an entity that satisfies the criteria for TEC, §12.1011(a)(2), for in-state operations that meets the performance criteria for the most recent rating years available.(14) Lease interest--The legal rights obtained under a capital or operating lease. These include the right to occupy, use, and enjoy the real estate given by the property owner in exchange for rental payments or other consideration specified in the lease, together with any associated rights that the lease confers on the tenant under the lease or other law.(15) Management company--A natural person or a corporation, partnership, sole proprietor, association, agency, or other legal entity that provides any management services to a charter holder or charter school, except that:(A) a charter holder and its employees may provide management services to a charter school that is under the charter holder's supervision and control pursuant to the open-enrollment charter, and such charter holder is not thereby a management company;(B) a nonprofit corporation that is exempt from taxation under 26 United States Code (U.S.C.), §501(c)(3), may donate management services to a charter holder, and the donor corporation is not thereby a management company if the donee charter holder is a subsidiary corporation controlled by the donor corporation under the articles of incorporation and bylaws of the donee charter holder;(C) a regional education service center providing services to a charter school under TEC, Chapter 8, is not a management company;(D) the fiscal agent of a shared services cooperative providing services to a member of the shared services cooperative is not a management company; and(E) a nonprofit corporation that is exempt from taxation under 26 U.S.C., §115, is not a management company if it performs management services exclusively for a charter holder that is an eligible entity under TEC, §12.101(a)(1) or (4) or §12.152, and if:(i) its articles of incorporation and bylaws, and any changes thereto, must be approved by such charter holder;(ii) its board of directors must be appointed by such charter holder; and(iii) its assets become the property of such charter holder upon dissolution.(16) Management company breach--An action or failure to act by a management company that is contrary to a duty owed under a management contract, a rule adopted under TEC, Chapter 12, Subchapter D, or any other legal obligation, and constitutes sufficient grounds for action against the management company under TEC, §12.127 (Liability of Management Company), and/or §100.1157 of this title (relating to Procedures for Prohibiting a Management Contract). Where a provision in this subchapter uses this term, such use is for clarity and emphasis only and does not:(A) establish that any breach of a duty occurred in a given case or what sanction is appropriate under the facts of that case; or(B) imply that any other provision where the term is not used is not material or less important, or that the breach of a duty imposed by the provision is not grounds for action against the management company.(17) Management services--Services related to the management or operation of a charter school. Management services include any of the following:(A) planning, operating, supervising, or evaluating a charter school's educational programs, services, or facilities;(B) making recommendations to the governing body of a charter holder or charter school relating to the selection of school personnel;(C) managing a charter school's day-to-day operations as an administrative manager;(D) preparing a proposed budget or budget amendments or submitting it to the governing body of a charter holder or charter school;(E) recommending policies to be adopted by the governing body of a charter holder or charter school, except that legal services provided by an attorney licensed to practice law in this state, and public accountancy services provided by a certified public accountant licensed to practice public accountancy services in this state, are not management services, notwithstanding that such services may include recommending policies to be adopted by the governing body of a charter holder or charter school;(F) developing procedures or practices to implement policies adopted by the governing body of a charter holder or charter school, except that legal services by an attorney licensed to practice law in this state and public accountancy services provided by a certified public accountant licensed to practice public accountancy services in this state are not management services, notwithstanding that such services may include developing procedures or practices to implement policies adopted by the governing body of a charter holder or charter school;(G) overseeing the implementation of policies adopted by the governing body of a charter holder or charter school; or(H) providing leadership for the attainment of student performance at a charter school based on the indicators adopted under TEC, §39.053 and §39.054, or adopted by the governing body of a charter holder or charter school.(18) Material charter violation--An action or failure to act by a charter holder that is contrary to the terms of its open-enrollment charter and constitutes sufficient grounds for action against the charter holder under §§100.1049, 100.1045, 100.1047, and/or 100.1037 of this title (relating to Revocation and Modification of Governance of an Open-Enrollment Charter; Intervention Based on Charter Violations; Intervention Based on Health, Safety, or Welfare of Students; and Renewal of an Open-Enrollment Charter).(19) Misuse or misapplication of funds or property--A use of state funds or public property that is contrary to:(A) the open-enrollment charter under which a charter holder holds the funds or property;(B) an agreement under which an employee or contractor holds the funds or property;(C) a law, regulation, or rule that prescribes the manner of acquisition, sale, lease, custody, or disposition of the funds or property, including, but not limited to, violations of Local Government Code, §§171.002-171.007 and Chapter 271, Subchapter B, and TEC, §12.1053 and §12.1054, unless otherwise stated in the charter contract;(D) a limited purpose for which the funds or property is delivered or received; or(E) the use authorized by the governing body of the charter holder.(20) Officer of a charter school--A person charged with the duties of, or acting as, a chief executive officer, a central administration officer, a campus administration officer, or a business manager, regardless whether the person is an employee or contractor of a charter holder, charter school, management company, or any other person; or a volunteer working under the direction of a charter holder, charter school, or management company. A charter holder employee or independent contractor engaged solely in non-charter activities for the charter holder is not an "officer of a charter school."(21) Open-enrollment charter--A charter holder's authorization to operate a publicly funded charter school consistent with TEC, §12.102 (Authority Under Charter). The terms of an open-enrollment charter include:(A) the applicable contract for charter ("charter contract") between the charter holder and the SBOE or commissioner of education;(B) all applicable state and federal laws, rules, and regulations;(C) the request for application issued by TEA to which the charter holder's application for open-enrollment charter responds;(D) any condition, amendment, modification, revision, or other change to the open-enrollment charter adopted or ratified by the SBOE or the commissioner; and(E) to the extent they are consistent with subparagraphs (A)-(D) of this paragraph, all statements, assurances, written submissions, commitments, and/or representations made by the charter holder in writing in its application for charter, attachments, or related documents or orally during its interview with the commissioner or commissioner's designee or orally at a public meeting of the SBOE or any of its committees.(22) Personal property--An interest in personal property recognized by Texas law, including:(A) furniture, equipment, supplies, and other goods;(B) computer hardware and software;(C) contract rights, intellectual property such as patents, and other intangible property;(D) cash, currency, funds, bank accounts, securities, and other investment instruments;(E) the right to repayment of a loan, advance, or prepayment or to the payment of other receivables; and(F) any other form of personal property recognized by Texas law.(23) Property acquired, improved, or maintained using state funds--Property for which the title, control over the property, use of the property, or benefit from the property is obtained directly or indirectly through expenditure of or control over state funds. This includes property acquired, improved, or maintained through a management company under a contract for management services, and includes the proceeds of loans, credit, or other financing that:(A) is secured with state funds, or with property acquired, improved, or maintained using state funds; or(B) is extended, in whole or part, based on the charter holder's control over state funds.(24) Real estate--An interest, including a lease interest, in real property recognized by Texas law or in improvements such as buildings, fixtures, utilities, landscaping, construction in progress, or other improvements.(25) Related party transaction--Includes a transaction between the charter holder or charter school and:(A) a person who is:(i) a current or former (within the last five years) board member for the charter holder or the charter school;(ii) a current or former (within the last five years) administrator for the charter holder or the charter school;(iii) a current or former officer of a charter school;(iv) a person who is related to a person described in clauses (i)-(iii) of this subparagraph within the third degree of consanguinity or second degree of affinity, as determined under Texas Government Code, Chapter 573;(v) a person who within the last five years ending on the date of the transaction was in a position to exercise substantial influence over the organization including any "disqualified person" as defined under Internal Revenue Code (IRC), §4958, or Treasury Regulation 26 CFR §53.4958-3;(vi) a family member of a person described in clause (v) of this subparagraph, which includes:(I) the person's spouse or ancestor; or(II) the person's children, grandchildren, great grandchildren, siblings, half-siblings, and their spouses;(vii) any person described in clause (v) or (vi) of this subparagraph with respect to an organization described in IRC, §509(a)(3), that was organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of the charter holder; or(viii) any person who is a donor or donor advisor;(B) an entity that:(i) is related to the charter holder;(ii) is participating in a joint venture with the charter holder;(iii) is jointly governed with the charter holder;(iv) has a current or former (within last five years) board member, administrator, or officer who is either:(I) a current board member, administrator or officer of the charter holder or charter school; or(II) related to within the third degree of consanguinity or second degree of affinity of a person described in clause (i) of this subparagraph as determined under Texas Government Code, Chapter 573;(v) is more than 35% controlled by individuals described in subparagraph (A)(v) and (vi) of this paragraph, including:(I) a corporation in which such persons own more than 35% of the total combined voting power;(II) a partnership in which such persons own more than 35% of the profits interest;(III) a trust or estate in which such persons own more than 35% of the beneficial interest; or(IV) for purposes of this subsection, an entity for which the constructive ownership rules of IRC, §4946(a)(3) and (a)(4), apply; or(vi) any entity that is described in IRC, §509(a)(3), that:(I) is organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of the charter holder; and(II) meets the control test in clause (v) of this subparagraph;(C) a donor-advised fund if a donor (or any person appointed or designated by such donor) has, or reasonably expects to have, advisory privileges with respect to the distribution or investment of amounts held in such fund or account by reason of the donor's status as a donor;(D) any person or entity associated with the section regarding sponsoring entity;(E) a lender providing secured or unsecured debt to the charter holder or charter school other than bonds or tax-exempt facility financing, for any transaction other than the loan or note agreement; or(F) a major donor to the charter holder or charter school under a written grant agreement or other contract, for any transaction with the donor other than the written grant agreement.(26) Shared services cooperative or shared services arrangement--A contractual arrangement among charter holders or between a charter holder(s), school districts, and/or education service centers, through which one member of the cooperative, acting as the fiscal and administrative agent for the other members, provides educational services, operational services and/or management services to member charter holders under a written contract executed by each member. A contract establishing a shared services cooperative must at a minimum:(A) establish clear procedures for administering services under the direction and control of the cooperative and for assigning responsibility for all costs and liabilities associated with services provided under the contract;(B) establish the duties, responsibilities, and accountability of the fiscal agent and of each member for services provided under the contract;(C) establish clear procedures for withdrawal of a member from the agreement and for the dissolution and winding up of the affairs of the cooperative; and(D) be approved in writing by the commissioner before any services are provided.(27) State funds--Funds received by the charter holder under TEC, §12.106, and any grant or discretionary funds received through or administered by TEA, including all federal funds. The rules in this division apply to property acquired, improved, or maintained with federal funds to the extent that such application is consistent with applicable federal law or regulations.(28) State funds received before September 1, 2001--State funds are received before September 1, 2001, if the Texas Comptroller of Public Accounts issued a warrant for such funds before that date, or if an electronic transfer of such funds was made before that date.(29) State funds received on or after September 1, 2001--State funds are received on or after September 1, 2001, if the Texas Comptroller of Public Accounts issues a warrant for such funds on or after that date, or if an electronic transfer of such funds is made on or after that date.</content><note type="source"><p>Source Note: The provisions of this §100.1001 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1003"><num value="100.1003">§100.1003</num><heading>Filing of Documents</heading><content>The following provisions apply to a document filed with the Texas Education Agency (TEA) under a provision of this subchapter. Grant applications and other documents filed with TEA under provisions other than this subchapter are governed by the filing rules specific to those documents.(1) Hand delivery. A document shall be deemed filed only when stamped received by the receiving division of TEA. A document stamped received after 5:00 p.m. Central Time (CT) shall be deemed filed on the following business day.(2) Mail or courier. A document may be filed by mail if sent by certified United States mail, return receipt requested, or by an overnight courier service. A document shall be deemed timely filed if it is mailed on the filing deadline, as evidenced by a legible postmark placed on the envelope by the United States Postal Service or date provided by courier service, and the document is stamped received by the receiving division by 5:00 p.m. CT on the fifth business day following the filing deadline.(3) Facsimile transmission. Where facsimile transmission is permitted by the receiving division, the following provisions apply.(A) Facsimile transmission of a document via telecopier to the receiving division constitutes filing if received in legible form. Filing by facsimile completed after 5:00 p.m. CT shall be deemed filed on the following business day.(B) If the document requires an original signature or must be an original under applicable rules, then facsimile transmission constitutes filing only if, by 5:00 p.m. on the tenth calendar day following the filing deadline, the original is stamped received by the receiving division.(4) Electronic transmission. Where electronic transmission is permitted by the receiving division, the following provisions apply.(A) Electronic transmission of a document shall constitute electronic mail, secure file sharing, or any other digital exchange of information.(B) An electronic document shall be deemed timely filed if it is received on the filing deadline, as evidenced by an electronic time stamp. Filing by electronic transmission received after 5:00 p.m. CT shall be deemed filed on the following business day.(5) Receiving division. The receiving division is the division of TEA specified by any rule in Part 2 of this title (relating to Texas Education Agency), requiring that a document be filed with TEA. If a rule does not specify a division, the receiving division is the TEA division responsible for charter schools.(6) Misdirected filing. A document sent to a division other than the receiving division shall not be deemed filed unless and until received by the receiving division. It shall not be the responsibility of any division to timely redirect a document sent to a division other than the receiving division.</content><note type="source"><p>Source Note: The provisions of this §100.1003 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1011"><num value="100.1011">§100.1011</num><heading>Application Requirements and Selection Process</heading><content>(a) Except as expressly provided in the rules in this subchapter, provisions in this section apply to applications affiliated and published under the following Texas Education Code (TEC) subchapters:(1) TEC, Chapter 12, Subchapter D;(2) TEC, Chapter 12, Subchapter E; and(3) TEC, Chapter 12, Subchapter G.(b) Prior to each application cycle, the commissioner of education shall approve an application form for submission by new and returning applicants seeking to operate a high quality open-enrollment charter school. The application form shall address the content requirements specified in TEC, §12.111, for the Subchapter D form; TEC, §12.154, for the Subchapter E form; and TEC, §12.257, for the Subchapter G form, and contain the following:(1) the timeline for selection;(2) applicant conferences and training prerequisites;(3) scoring criteria and procedures for use by the review panel selected under subsection (d) of this section;(4) the minimum score necessary for an application to be eligible for capacity interview; and(5) the earliest date an open-enrollment charter school selected in the cycle may open.(c) The Texas Education Agency (TEA) shall review applications submitted under this section.(1) No applicant will be considered if it meets either of the conditions in the following subparagraphs. This paragraph does not apply to an applicant that has previously relinquished a charter, under the circumstances described in §100.1001(12)(C) of this title (relating to Definitions).(A) Within the preceding 10 years, the applicant had a charter under Texas law or similar charter under the laws of another state surrendered under a settlement agreement, revoked, denied renewal, or returned.(B) The applicant is considered to be a corporate affiliate of, or substantially related to, an entity that within the preceding 10 years, had a charter under Texas law or similar charter under the laws of another state surrendered under a settlement agreement, revoked, denied renewal, or returned.(2) The commissioner of education may not grant more than one charter for an open-enrollment charter school to any charter holder.(3) Upon receipt, TEA shall review applications for completeness and provide each applicant with a notice that documents the status of each requirement as complete or incomplete.(A) TEA shall remove applications without further processing if documents are:(i) received after the submission deadline as provided in the request for application;(ii) substantially incomplete; or(iii) determined not to meet the standards in TEC, §§12.101, 12.152, 12.257, or 12.255, or §100.1011 or §100.1017 of this title (relating to Application Requirements and Selection Process and Applicant Eligibility and Form Contents).(B) If TEA determines that an application is not complete, TEA shall notify the applicant of all documents that are eligible for remedy and allow five business days for the applicant to submit the requested documentation.(C) Once additional review is complete, the decision of the commissioner or commissioner's designee is final and may not be appealed.(D) Failure of TEA to identify any deficiency, or notify an applicant thereof, does not constitute a waiver of the requirement and does not bind the commissioner.(E) Upon written notice to TEA and without penalty for future application cycles, an applicant may withdraw an application.(F) Applications that are determined complete shall be reviewed and scored by an external application review panel.(i) The external application review panel shall be selected from a pool of qualified candidates. To the greatest extent practicable, an external review panelist will not be assigned applications for schools planning to locate within the geographic area in which they have a primary physical address or employment address and served by the same regional education service center.(ii) Members of the review panel shall disclose to TEA immediately the discovery of any past or present relationship with an open-enrollment charter applicant, including any current or prospective employee, agent, officer, or director of the sponsoring entity, an affiliated entity, or other party with an interest in the selection of the application.(iii) Reviewers must be individuals with the knowledge and skills associated with one or more of the following: curriculum and instruction, education service and delivery, charter authorization, charter school organization and management, facilities use and management, pedagogy, innovative education programs or technologies, assessments, diverse learning populations, school leadership, human resources, school finance, and/or charter school governance and policy.(iv) The panel shall review and score applications in accordance with the procedures and criteria established in the application form.(v) Review panel members shall not discuss applications with anyone except TEA staff. Review panel members shall not accept meals, entertainment, gifts, or gratuities in any form from any person or organization with an interest in the results of the selection process for open-enrollment charters.(vi) Applications that are not scored at or above the minimum score established in the application form are not eligible for commissioner selection during that cycle.(vii) Upon completion of external review, TEA will provide all applicants with the results of their reviews by the panel, notice of their status as meeting or not meeting the minimum score, whether the applicant will advance to capacity interviews, the average scores, and individual scoring rubrics, including comments from independent external review panelists.(G) The commissioner may, at the commissioner's sole discretion, decline to grant an open-enrollment charter to an applicant whose application was scored at or above the minimum score.(i) No recommendation, ranking, or other type of endorsement by a member or members of the review panel is binding on the commissioner.(ii) The commissioner or commissioner's designee shall provide written notice to any applicant that is removed under this paragraph.(iii) The decision of the commissioner or commissioner's designee is final and may not be appealed.(H) All parts of the application are releasable to the public under the Texas Public Information Act and will be posted to the TEA website; therefore, the following must be excluded or redacted:(i) personal email addresses;(ii) proprietary material;(iii) copyrighted material;(iv) documents that could violate the Family Educational Rights and Privacy Act by identifying potential students of the charter school, including, but not limited to, sign-in lists at public meetings about the school, photographs of existing students if the school is currently operating or photographs of prospective students, and/or letters of support from potential charter school parents and/or students; and(v) any other information or documentation that cannot be released in accordance with Texas Government Code, Chapter 552.(I) The commissioner or the commissioner's designee(s) in coordination with TEA staff shall conduct a capacity interview with applicants whose applications received the minimum score established in the application form. The commissioner may specify individuals required to attend the interview and may require the submission of additional information and documentation prior or subsequent to an interview.(d) The commissioner shall approve or deny a Subchapter D charter school application based on:(1) documented evidence gathered through the application review process;(2) merit;(3) criteria for applicants that apply as new operators that include, at a minimum:(A) indications that the charter school will possess the capability to carry out responsibilities as provided in the charter;(B) indications that the charter school will improve student performance and encourage innovative programs;(C) indications that the charter school will be high-quality, including:(i) evidence that the school will receive the highest or second highest performance rating category under TEC, Chapter 39, Subchapter C, beginning in the first year of eligibility; and(ii) evidence that the charter school will earn seventy or more points without failing a critical indicator on the Charter Financial Integrity Rating System of Texas beginning in Year 1; and(D) a statement from any school district whose enrollment is likely to be affected by the charter school, including information relating to any financial difficulty that a loss in enrollment may have on the district;(4) criteria for applicants that apply as experienced operators that include, at a minimum:(A) the criteria described in paragraphs (1)-(3) of this subsection;(B) the strength of the applicant's existing portfolio, or their affiliate; and(C) the likelihood of operating a high-quality charter; and(5) all other criteria published in the application.(e) The commissioner shall approve or deny a Subchapter E charter school application based on:(1) the criteria described in subsection (d)(1)-(3) of this section;(2) indications that the applicant's educational program will be implemented under the direct supervision of a member of the teaching or research faculty of the public junior college, senior college, or university;(3) indications that the faculty member supervising the applicant's educational program has substantial experience and expertise in education research, teacher education, classroom instruction, or educational administration;(4) indications that the applicant's educational program has been designed to meet specific goals described in the charter application and each aspect of the program is directed toward the attainment of the goals;(5) indications that the financial operations of the applicant will be supervised by the business office of the public junior college, senior college, or university; and(6) all other criteria published in the application.(f) The commissioner shall approve or deny a Subchapter G charter school application based on:(1) documented evidence gathered through the application review process;(2) merit; and(3) criteria that include:(A) indications that the education program will enable program participants to successfully earn a diploma and take career and technology education courses that can lead to an industry certification;(B) indications that the applicant, or a member of the applicant's executive leadership has a successful history of providing education services, including industry certifications and job placement services, to adults 18 years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar marginalizing circumstances;(C) indications that a significant portion of instruction will be delivered in a teacher-led, interactive classroom environment;(D) indications that the educational program will provide access to:(i) career readiness training;(ii) postsecondary counseling; and(iii) job-placement services;(E) indications that the educational program will provide support services that include:(i) child care at no cost to students;(ii) life coaching services as outlined in TEC, §12.259;(iii) mental health counseling;(iv) instructional support services for students with identified disabilities; and(v) transportation assistance;(F) indications that the charter school will possess the capability to carry out responsibilities as provided in the charter;(G) indications that the proposed governance structure will maintain sound fiscal management and administrative practices; and(H) indications that the financial plan is viable.(g) Priority shall be given to applicants that propose a school in an attendance zone of a school district campus assigned an unacceptable performance rating under TEC, §39.054, for two preceding years. This paragraph does not apply to an application form released under TEC, Chapter 12, Subchapter G.(h) An applicant or any person or entity acting on behalf of an applicant for an open-enrollment charter shall not knowingly communicate with any member of an external application review panel concerning a charter school application beginning on the date the application is submitted and ending 90 days after the commissioner's proposal of a Subchapter D charter, or ending with the commissioner's notice of decision regarding a Subchapter E or G charter, whichever applies. On finding a material violation of the no-contact period, the commissioner may reject the application and deem it ineligible for award.(i) An applicant or their representative must not initiate contact with any employee of TEA, other than the commissioner or commissioner's designee, regarding the content of its application from the time the application is submitted until the application cycle is final, following the 90-day State Board of Education (SBOE) veto period.(j) An applicant or person or entity acting on behalf of the applicant may not provide any item of value, directly or indirectly, to the commissioner, any employee of TEA, or a member of the SBOE during the no-contact period.(k) An applicant or any person or entity acting on behalf of an applicant for an open-enrollment charter shall not knowingly communicate with any member of the SBOE beginning on the date the application is submitted and ending on the date the applicant passes through an external review with a qualifying score. On finding a material violation of the no-contact period, the commissioner may reject the application and deem it ineligible for award. This paragraph does not apply to a charter the commissioner authorizes under TEC, Chapter 12, Subchapter E and Subchapter G.(l) The commissioner shall notify the SBOE of each charter the commissioner proposes to authorize. A charter proposed by the commissioner will be granted on the 90th day after the date on which the SBOE receives the notice from the commissioner unless either of the conditions in the following paragraphs are met. This paragraph does not apply to a charter the commissioner authorizes under TEC, Chapter 12, Subchapters E and G.(1) The SBOE votes against the charter in accordance with TEC, §12.101(b-0).(2) The commissioner withdraws the proposal.(m) The commissioner may defer granting an open-enrollment charter subject to contingencies and shall require fulfillment of such contingencies before the charter school is issued a contract. Such conditions must be fulfilled by the awardee, as determined by the commissioner, no later than 60 days after the date of the notification of contingencies by the commissioner or the proposal of the charter is withdrawn. The commissioner may establish timelines for submission by the awardee of any documentation to be considered by the commissioner in determining whether contingencies have been met.(n) The commissioner may decline to finally grant or award a charter based on misrepresentations during the application process or failure to comply with commissioner rules, application requirements, or SBOE rules.(o) An open-enrollment charter shall be in the form and substance of a written contract signed by the commissioner, the board chair of the charter holder or charter school, and the chief operating officer of the school but is not a contract for goods or services within the meaning of Texas Government Code, Chapter 2260. The chief operating officer of the school shall mean the chief executive officer of the open-enrollment charter holder under TEC, §12.1012.(p) The charter contract shall be for an initial term of five years beginning on July 1 following the execution of the initial contract or July 1 following an approved extension under subsection (q) of this section.(q) The charter must open and serve students within one school year of the awarding of the charter contract, unless an extension is approved by the commissioner. Failure to operate by the approved extension date shall constitute an automatic abandonment of the charter contract and the charter is automatically considered void and returned to the commissioner.</content><note type="source"><p>Source Note: The provisions of this §100.1011 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1013"><num value="100.1013">§100.1013</num><heading>Notification of Charter Application</heading><content>(a) Upon receipt of an application for an open-enrollment charter school, the commissioner of education or the commissioner's designee shall provide notification by electronic mail to:(1) the board of trustees and superintendent for each school district from which the proposed open-enrollment charter school or campus is likely to draw students, as defined by the applicant's anticipated zip code of location; and(2) each member of the legislature and State Board of Education that represents the geographic area to be served by each applicant, as defined by the anticipated zip code of location.(b) Should a change in the location of the charter school be approved after notification but prior to opening, the commissioner or the commissioner's designee is required to notify as required by subsection (a) of this section based on the zip code of the new location.(c) This section does not apply to an application published under Texas Education Code, Chapter 12, Subchapter G.</content><note type="source"><p>Source Note: The provisions of this §100.1013 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1015"><num value="100.1015">§100.1015</num><heading>Application to Dropout Recovery Charters</heading><content>A charter granted under Texas Education Code, §12.101(b-7), for a dropout recovery school shall not be considered for the purposes of the limit on the number of charters for open enrollment under the cap. A dropout recovery school shall be defined as a school that:(1) serves students in Grades 9-12;(2) has an enrollment of which 60% of students are 16 years of age or older as of September 1 of the school year as reported for the fall semester Public Education Information Management System submission; and(3) meets eligibility requirements for and is registered under alternative education accountability procedures.</content><note type="source"><p>Source Note: The provisions of this §100.1015 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1017"><num value="100.1017">§100.1017</num><heading>Applicant Eligibility and Form Contents</heading><content>(a) Except as expressly provided in the rules in this subchapter, provisions in this section apply to all applications affiliated and published under the following Texas Education Code (TEC) subchapters:(1) TEC, Chapter 12, Subchapter D;(2) TEC, Chapter 12, Subchapter E; and(3) TEC, Chapter 12, Subchapter G.(b) Any existing entity applying for the charter must be in good standing with the Internal Revenue Service (IRS), the Texas Secretary of State, and the Texas Comptroller of Public Accounts. An existing entity must also be in good standing with all regulatory agencies in its home state. An existing entity must attest that any failure to maintain ongoing compliance with these requirements, if awarded a charter, will be considered a material violation of the charter contract and may be grounds for revocation.(c) Notwithstanding any other provisions in this chapter, the following provisions apply to charter applicants and successful charter awardees authorized by the commissioner under requests for applications adopted after November 1, 2012.(1) Financial standards. An applicant for a TEC, Chapter 12, Subchapter D, E, or G charter school, as applicable, shall meet each of the following financial standards to demonstrate the financial viability of the charter, as determined by the commissioner of education or the commissioner's designee, prior to being considered for award of a charter and must attest that any failure to maintain ongoing compliance with these requirements, if awarded a charter, will be considered a material violation of the charter contract and may be grounds for revocation.(A) Each entity must provide evidence of financial competency and sustainability by providing evidence of an appropriate financial plan that includes each of the following:(i) a brief analysis of the educational opportunities in the area(s) for the same students and the methods that the proposed school will use to recruit and retain students;(ii) a brief narrative of the growth plan for the first five years of operation of the proposed school that matches all projections included in the budget;(iii) an unqualified opinion as provided in the most recent audited financial statements of the applicant if the entity has been in existence at least a year;(iv) a five-year budget projection of revenue and expenditures for the proposed charter using the template that will be provided in the application;(v) a response, based on the revenue and expenditures provided in the template that will be provided in the application, detailing the ways in which the budget projections were derived, including any assumptions used; and(vi) support documentation for budget projections as detailed in the budget template that will be provided with the application.(B) Loans and lines of credit are liabilities that must be repaid and will be considered as available funding. Loans or lines of credit may be characterized as assets and as cash on hand.(C) The applicant must identify in the template provided in the application available funding for start-up costs, as documented by current assets listed in the balance sheet and/or pledges for donation that do not require repayment.(D) The applicant must identify revenue and expenses on a per-student amount and may not reflect a net operating loss for any projection year.(E) To ensure financial viability, the entity must commit to serving a minimum of 100 students at all times.(F) The entity applying for the charter must have liabilities that are less than 80% of its assets.(G) The aggregate of projected budgeted expenses must be less than the aggregate of projected total revenues by the end of the first year of operation provided that:(i) projected revenues are documented and use the amount per student designated in the application when calculating Foundation School Program funding that will begin during the first year of operation; and(ii) all reasonable start-up and first-year expenditures are included in the budgets or an explanation for not needing to include them is included in the budget narratives.(2) Governing standards. An applicant for a TEC, Chapter 12, Subchapter D, E, or G charter school, as applicable, shall meet each of the following governing standards to demonstrate sound establishment and oversight of the charter's educational mission, as determined by the commissioner or the commissioner's designee, prior to being considered for award of a charter and must attest that any failure to maintain ongoing compliance with these requirements, if awarded a charter, will be considered a material violation of the charter contract and may be grounds for revocation, except as provided by TEC, §12.1054(a)(2).(A) To qualify as an eligible entity in accordance with TEC, §12.101(a)(3), as an organization that is exempt under 26 United States Code (U.S.C.), §501(c)(3), the applicant must have its own 501(c)(3) exemption in its own name, as evidenced by a 501(c)(3) letter of determination issued by the IRS.(i) An applicant cannot attain status as an eligible entity that is exempt under 26 U.S.C., §501(c)(3), as a disregarded entity, a supporting organization, or a member of a group exemption of a currently recognized 501(c)(3) tax-exempt organization.(ii) Entities that have applied for 501(c)(3) status but have yet to receive the exemption from the IRS must provide the letter of determination of the 501(c)(3) status issued by the IRS prior to a recommendation by the commissioner. Failure to secure 501(c)(3) status deems an entity ineligible.(iii) A religious organization, sectarian school, or religious institution that applies must have an established separate non-sectarian entity that is exempt under 26 U.S.C., §501(c)(3), to be considered an eligible entity.(B) The articles of incorporation or certificate of formation as applicable, and the bylaws of the applicant must vest the management of the corporate affairs in the board of directors.(i) The charter holder may not vest the management of corporate affairs in any member or members.(ii) Articles of incorporation, certificate of formation, bylaws, or any policy or other agreement may not confer on or reserve to any other entity or person the ability to overrule, remove, replace, or name the members of the governing body or board of the charter holder or charter school at any time.(C) Any other change in the aforementioned governance documents pursuant to the management of the corporate affairs of the nonprofit entity may only occur with the approval of the commissioner in accordance with §100.1035(b) of this title (relating to Charter Amendment) or in accordance with any other power granted to the commissioner in state law or rule.(D) If the sponsoring entity is a 501(c)(3) nonprofit corporation, its bylaws must clearly state that the charter holder and charter school will comply with the Texas Open Meetings Act and will appropriately respond to Texas Public Information Act requests.(E) No family members within the third degree of consanguinity or second degree of affinity shall simultaneously serve on the charter holder or charter school board.(F) No family member within the third degree of consanguinity or second degree of affinity of any charter holder board member, charter school board member, or superintendent shall receive compensation in any form from the charter school, the charter holder, or any management company that operates or provides services to the charter school.(G) The applicant shall specify that the governing body accepts and will not delegate ultimate responsibility for the school, including academic performance and financial and operational viability, and is responsible for overseeing any management company providing management services for the school.(3) Educational and operational standards for applications published under TEC, Chapter 12, Subchapters D and E. An applicant shall successfully meet each of the following educational and operational standards to ensure alignment of curricula to the Texas Essential Knowledge and Skills, as determined by the commissioner or the commissioner's designee, prior to being considered for award of a charter and must attest that any failure to maintain ongoing compliance with these requirements, if awarded a charter, will be considered a material violation of the charter contract and may be grounds for revocation.(A) The charter applicant must provide a succinct long-term vision for the proposed school and clearly explain the overall educational philosophy to be promoted at the school, if authorized.(B) The charter applicant must provide a succinct explanation of the reasons for choosing the target location.(C) The charter applicant must clearly explain in succinct terms the specific curricular programs that the school, if authorized, will provide to students and the ways in which the charter staff, board members, and others will use these programs to maintain high expectations for and the continuous improvement of student performance.(D) The charter applicant must clearly explain in succinct terms the ways in which the school, if authorized, will improve student learning, increase the choice of high-quality educational opportunities in the proposed area, create professional environments that will attract new teachers to the public school system, set a high standard for school accountability and student achievement, and encourage different and innovative learning methods.(E) The charter applicant must clearly explain how classroom practices will reflect the connections among curriculum, instruction, and assessment.(F) The charter applicant must describe in succinct terms the specific ways in which the school, if authorized, will:(i) address the instructional needs of students performing both below and above grade levels in major content areas;(ii) differentiate instruction to meet the needs of diverse learners;(iii) provide a continuum of services in the least restrictive environment for students with special needs as required by state and federal law;(iv) provide bilingual and/or English as a second language instruction to English language learners as required by state law; and(v) implement an educational program that supports compliance with all course requirements pursuant to state law.(G) As evidenced in required documentation, the charter applicant must commit to hiring personnel with appropriate qualifications as follows.(i) Except as provided in clause (iv) of this subparagraph, all teachers, regardless of subject matter taught, must have a baccalaureate degree.(ii) Special education teachers, bilingual teachers, and teachers of English as a second language must be certified in the fields in which they are assigned to teach as required in state and/or federal law.(iii) Paraprofessionals must be certified as required to meet state and/or federal law.(iv) In an open-enrollment charter school that serves youth referred to or placed in a residential trade center by a local or state agency, a person may be employed as a teacher for a noncore vocational course without holding a baccalaureate degree, subject to the requirements described in §100.1212 of this title (relating to Personnel).(H) With the exception of an early education (prekindergarten for age three through Grade 2) or prekindergarten-only model, the charter applicant must commit to serving, by its fourth year of operation, students in grades assessed for state accountability purposes.(I) The charter applicant must provide a final copy of any management contract, if applicable, that will be entered into by the charter holder that will provide any management services, including the monetary amount that will be paid to the management company for providing school services.(J) This paragraph does not apply to an application published under TEC, Chapter 12, Subchapter G.(4) Educational and operational standards for applications published under TEC, Chapter 12, Subchapter G. An applicant for an adult high school charter shall successfully meet each of the following educational and operational standards to ensure careful alignment of curricula to the industry-based certifications, and workforce preparation and training as determined by the commissioner or the commissioner's designee, prior to being considered for award of a charter and must attest that any failure to maintain ongoing compliance with these requirements, if awarded a charter, will be considered a material violation of the charter contract and may be grounds for revocation.(A) The charter applicant must provide a succinct long-term vision for the proposed school and clearly explain the overall educational philosophy to be promoted at the school, if authorized.(B) The charter applicant must clearly explain in succinct terms the specific curricular programs that the school, if authorized, will provide to program participants in order to earn a high school diploma and the ways in which the charter staff, board members, and others will use these programs to maintain high expectations for and the continuous improvement of student performance.(C) The charter applicant must clearly explain in succinct terms the ways in which the school, if authorized, will offer interactive, teacher-led instruction to program participants.(D) The charter applicant must clearly explain how career and technology programs for industry-based certifications will be implemented at the school.(E) The charter applicant must submit a letter of intent if contracting with a public junior college, provider, organization approved by the Texas Workforce Commission to provide career and technology courses that lead to an industry certification.(F) The charter applicant must provide evidence that the entity or a member of its executive leadership has a successful history of providing education services, including industry certifications and job placement services, to adults 18 years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar marginalizing circumstances.(G) The charter applicant must describe in succinct terms the specific ways in which the school, if authorized, will:(i) address how participants can receive a diploma through successful completion of the Foundation High School program curriculum requirements or other appropriate curriculum requirements applicable to the program participant;(ii) provide career readiness training, post-secondary counseling, and job placement services;(iii) offer support services, including childcare at no cost, life coaching services, mental health counseling, and transportation assistance;(iv) provide a continuum of services in the least restrictive environment for program participants with special needs as required by state and federal law;(v) provide bilingual and/or English as a second language instruction to emergent bilingual students as required by state law; and(vi) implement an educational program that supports compliance with all course requirements pursuant to state law.(H) As evidenced in required documentation, the charter applicant must commit to hiring personnel with appropriate qualifications as follows.(i) Except as provided in §100.1212(b) of this title, all teachers, regardless of subject matter taught, must have a baccalaureate degree.(ii) Special education teachers, bilingual teachers, and teachers of English as a second language must be certified in the fields in which they are assigned to teach as required in state and/or federal law.(iii) Paraprofessionals must be certified as required to meet state and/or federal law.(I) The charter applicant may not propose to serve more than 2,000 students.(J) The charter applicant must provide a final copy of any management contract, if applicable, that will be entered into by the charter holder that will provide any management services, including the monetary amount that will be paid to the management company for providing school services.(K) The charter applicant must provide a final memorandum of understanding if partnering with a public junior college, provider, organization approved by the Texas Workforce Commission to provide career and technology courses that lead to an industry certification.</content><note type="source"><p>Source Note: The provisions of this §100.1017 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1021"><num value="100.1021">§100.1021</num><heading>Applicability of Law and Rules to Public Senior College or University Charters and Public Junior College Charters</heading><content>(a) Except as expressly provided in the rules in this subchapter, or where required by Texas Education Code (TEC), Chapter 12, Subchapter E (College or University or Junior College Charter School), a provision of the rules in this subchapter applies to a public senior college or university charter school or junior college charter school as though the public senior college or university charter school or junior college charter school were granted a charter under TEC, Chapter 12, Subchapter D (Open-Enrollment Charter School).(b) Section 100.1011(b) of this title (relating to Application Requirements and Selection Process) applies, except that the commissioner of education may adopt a separate application form for applicants seeking a charter to operate a public senior college or university charter school or a public junior college charter school, which need not be similar to the application form adopted under that subsection for other charter applicants. The commissioner may approve or amend this separate application form without regard to the selection cycle referenced in that subsection.(c) Section 100.1011(b), (c), (e), (g), (h), (j) and (m)-(q) of this title apply unless provided otherwise in the charter contract.(d) The following provisions of this subchapter do not apply to a public senior college or university charter school or a public junior college charter school:(1) §100.1035(d) and §100.1113 of this title (relating to Charter Amendment and Delegation of Powers and Duties), except as authorized in the charter contract upon written request of the governing body of the university, college, or junior college;(2) §100.1127 of this title (relating to Record of Compliance and Disclosure of Non-compliance);(3) §100.1101 of this title (relating to Improvements to Real Property);(4) §§100.1131-100.1141 of this title (relating to Applicability of Nepotism Provisions; Exception for Acceptable Performance; General Nepotism Provisions; Relationships By Consanguinity or By Affinity; Nepotism Prohibitions; Nepotism Exceptions; and Enforcement of Nepotism Prohibitions);(5) §100.1145 and §100.1147 of this title (relating to General Conflict of Interest Provisions and Conflicts Requiring Affidavit and Abstention from Voting);(6) §100.1203(a) of this title (relating to Records Management); and(7) §100.1205 of this title (relating to Procurement of Professional Services).</content><note type="source"><p>Source Note: The provisions of this §100.1021 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1023"><num value="100.1023">§100.1023</num><heading>Applicability of Law and Rules to Adult High School Charters</heading><content>The following provisions apply as indicated in this section to an adult education charter school as though the adult education charter school was granted a charter under Texas Education Code (TEC), Chapter 12, Subchapter D.(1) Section 100.1011(b) of this title (relating to Application Requirements and Selection Process) applies, except that the commissioner of education may adopt a separate application form for applicants seeking a charter to operate an adult education charter school, which need not be similar to the application form adopted under that subsection for other charter applicants. The commissioner may approve or amend this separate application form without regard to the selection cycle referenced in that subsection.(2) Section 100.1011(b); (c)(3)(A)(i), (B)-(E), (F)(i)-(v) and (vii), and (G)-(I); (f); (h); (j); and (m)-(q) apply unless provided otherwise in the charter contract.(3) The following sections of TEC, Chapter 12.(A) TEC, §12.1012, related to definitions.(B) TEC, §12.10125, related to open-enrollment charter schools not in operation.(C) TEC, §12.105, related to status.(D) TEC, §12.1051, related to open meetings and public information laws.(E) TEC, §12.1052, related to local government records applicability.(F) TEC, §12.1053, related to public purchasing and contracting laws.(G) TEC, §12.1054, related to conflict of interest law applicability.(H) TEC, §12.1055, related to nepotism law applicability.(I) TEC, §12.1056, related to immunity from liability and suit.(J) TEC, §12.1057, related to membership in Teacher Retirement System of Texas.(K) TEC, §12.1059, related to employment requirements.(L) TEC, §12.107, related to status and use of funds.(M) TEC, §12.108, related to tuition and fees.(N) TEC, §12.109, related to transportation.(O) TEC, §12.1141, related to renewal and expiration.(P) TEC, §12.1162, related to sanctions.(Q) TEC, §12.1163, related to audit by commissioner.(R) TEC, §12.1164, related to notice to Teacher Retirement System of Texas.(S) TEC, §12.1166, related to related party transactions.(T) TEC, §12.1168, related to financial report of certain schools.(U) TEC, §12.117, related to admission.(V) TEC, §12.119, related to bylaws and annual report.(W) TEC, §12.101(b)(2), related to prohibition of charter holder having had a charter removed or surrendered in the 10 years prior.(X) TEC, §12.101(b-5), related to the initial term of a charter.(Y) TEC, §12.120, related to board member restrictions.(Z) TEC, §12.1202, related to qualified voter requirement.(AA) TEC, §12.1211, related to board website posting requirement.(BB) TEC, §12.122, related to liability of board members.(CC) TEC, §12.123, related to training for board members and officers.(DD) TEC, §12.124, related to management company loans.(EE) TEC, §12.125, related to management services contracts.(FF) TEC, §12.126, related to prohibitions of certain management services contracts.(GG) TEC, §12.127, related to management company liability.(HH) TEC, §12.128, related to property purchased or leased with state funds.(II) TEC, §12.129, related to minimum qualifications for principals and teachers.(JJ) TEC, §12.130, related to notice of teacher qualifications.(KK) TEC, §12.131, related to removal of students to disciplinary alternative education program and expulsion of students.(LL) TEC, §12.135, related to designation as charter district for purposes of bond guarantee.(MM) TEC, §12.136, related to posting of chief executive officer salary.(NN) TEC, §12.137, related to certain charter holders authorized to provide combined services for certain adult and high school dropout recovery programs.(OO) TEC, §12.141, related to reclaimed funds.(PP) TEC, §12.104(a-1)(1), related to security officer employment.(QQ) TEC, §12.104(a-1)(2), related to memorandums of understanding with law enforcement.(RR) TEC, §12.104(a-2), related to peace officer applicability.(SS) TEC, §12.104(b)(1), related to criminal offense.(TT) TEC, §12.104(b)(2), related to protections for reporting violations.(UU) TEC, §12.104(b)(3)(A), related to PEIMS.(VV) TEC, §12.104(b)(3)(B), related to criminal history records.(WW) TEC, §12.104(b)(3)(F), related to special education programs.(XX) TEC, §12.104(b)(3)(G), related to bilingual education.(YY) TEC, §12.104(b)(3)(J), related to discipline management techniques.(ZZ) TEC, §12.104(b)(3)(K), related to health and safety.(AAA) TEC, §12.104(b)(3)(L), related to accountability.(BBB) TEC, §12.104(b)(3)(M), related to accountability and investigations.(CCC) TEC, §12.104(b)(3)(N), related to reporting educator misconduct.(DDD) TEC, §12.104(b)(3)(O), related to intensive programs of instruction.(EEE) TEC, §12.104(b)(3)(P), related to right of employees to report crimes.(FFF) TEC, §12.104(b)(3)(R), related to the right to place a student in a disciplinary alternative education program or to expel the student for certain behaviors.(GGG) TEC, §12.104(b)(3)(S), related to right to report assault or harassment.(HHH) TEC, §12.104(b)(3)(T), related to parent rights to information regarding interventions.(III) TEC, §12.104(b)(3)(V), related to school safety requirements.(JJJ) TEC, §12.104(b)(3)(X), related to college, career, and military readiness plans.(KKK) TEC, §12.104(b)(3)(Y), related to parent option to retain a student.(LLL) TEC, §12.1058, related to applicability of municipal and government codes.</content><note type="source"><p>Source Note: The provisions of this §100.1023 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1025"><num value="100.1025">§100.1025</num><heading>Authorization for High-Performing Entities</heading><content>(a) In accordance with Texas Education Code (TEC), §12.1011, notwithstanding TEC, §12.101(b), the commissioner of education may grant a charter to high-performing entities.(b) For an applicant to be eligible for consideration as a high-performing entity, the applicant must demonstrate one of the following criteria.(1) The entity is affiliated with a charter operator that operates one or more charter schools in another state. The affiliated charter operator must have performed at an overall level that is comparable to the highest or second highest performance rating category under TEC, Chapter 39, Subchapter C.(A) The entity must propose to operate the charter school program that is currently implemented in the affiliated charter operator's existing charter schools.(B) A charter operator may be considered affiliated with an entity if it utilizes shared structures, practices, or materials, including, but not limited to, a shared management structure, shared financial management or staff development practices, or shared proprietary materials, including those related to instruction.(2) The entity is currently operating charter programs under TEC, Chapter 12, Subchapter C or E. The entity must have performed at an overall level in the highest or second highest performance rating category under TEC, Chapter 39, Subchapter C.(c) Failure to disclose past or present accountability data is a material violation of the charter.(d) If the applicant or its affiliate is a high-performing entity, then it may vest management of corporate affairs in a member provided that the entity may change the members of the governing body of the charter holder prior to the expiration of a member's term only with commissioner's written approval.(e) Entities granted a charter under this provision have an initial contract term of five years.(f) In determining a charter award for a high-performing entity, the commissioner will consider the criteria identified in §100.1011(d)(4) of this title (relating to Application Requirements and Selection Process) as established for experienced operators.(g) Section 100.1011(b)(1), (2), and (5) of this title apply, except that the commissioner may adopt a separate application form for high-performing entities seeking a charter to operate a Subchapter D charter school, which need not be similar to the application form adopted under that subsection for other charter applicants. The commissioner may approve or amend this separate application form without regard to the selection cycle referenced in that subsection.</content><note type="source"><p>Source Note: The provisions of this §100.1025 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1031"><num value="100.1031">§100.1031</num><heading>Performance Frameworks for Subchapters D and E Charter Schools</heading><content>(a) The performance of an open-enrollment charter school will be measured annually against a set of criteria set forth in the Charter School Performance Framework (CSPF) Manual established under Texas Education Code (TEC), §12.1181, and provided in this subsection. Notwithstanding substantial modifications to the framework, the manual will be updated annually to reflect the requirements and data sources for each indicator.Attached Graphic(b) The CSPF Manual will include measures for Subchapters D and E charter schools registered under the standard accountability system and measures for charters registered under the alternative education accountability system as adopted under §97.1001 of this title (relating to Accountability Rating System).(c) The assignment of performance levels, Tier 1, Tier 2, or Tier 3 for charter schools on the CSPF report is based on specific criteria described in the CSPF Manual provided in subsection (a) of this section, which include:(1) Academic Indicator: the charter school's overall academic rating as assigned under TEC, §39.053. For charter schools not issued a rating under TEC, §39.053, the CSPF Manual will identify substitute academic indicators;(2) Financial Indicator: the charter school's overall financial rating as assigned under TEC, Chapter 39, Subchapter D;(3) Operational Indicators, which evaluate each charter school's compliance with educational, operational, safety, and reporting requirements as required by federal law, state law, state rules or regulations, and/or the charter contract, including those outlined in TEC, Chapter 12, and this chapter; and(4) Governance Indicators, which evaluate each charter school's compliance with state law, state rules or regulations with governance requirements, including those outlined in TEC, Chapter 12, and this chapter.</content><note type="source"><p>Source Note: The provisions of this §100.1031 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1033"><num value="100.1033">§100.1033</num><heading>Performance Frameworks for Subchapter G Charter Schools</heading><content>(a) The performance of an adult high school charter school program will be measured annually against criteria set forth in the Adult Charter School Performance Framework (ACSPF) Manual established under Texas Education Code (TEC), §12.262. The ACSPF Manual also contains the framework for a school located in a correctional facility, as that term in defined by Texas Penal Code, §1.07. Notwithstanding substantial modifications to the framework, the manual will be updated annually to reflect the requirements and data sources for each indicator. (b) The ACSPF Manual will include measures for Subchapter G charter schools and include performance domains that measure:(1) academic growth;(2) career readiness;(3) one-year post-graduation and longitudinal postsecondary outcomes;(4) longitudinal wage and career growth; and(5) operational performance.(c) The assignment of performance levels Tier 1, Tier 2, or Tier 3 for charter schools on the ACSPF report is based on specific criteria described in the ACSPF Manual, which include:(1) Academic Indicators: the charter school's performance on academic growth, career readiness, one-year post-graduation and longitudinal postsecondary outcomes, and longitudinal wage and career growth;(2) Financial Indicator: the charter school's overall financial rating as assigned under TEC, Chapter 39, Subchapter D;(3) Operational Indicators, which evaluate each charter school's compliance with educational, operational, safety, and reporting requirements as required by federal law, state law, state rules or regulations, and/or the charter contract, including those outlined in TEC, Chapter 12, and this chapter; and(4) Governance Indicators, which evaluate each charter school's compliance with state law and state rules or regulations with governance requirements, including those outlined in TEC, Chapter 12, and this chapter.</content><note type="source"><p>Source Note: The provisions of this §100.1033 adopted to be effective September 28, 2025, 50 TexReg 6325.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1035"><num value="100.1035">§100.1035</num><heading>Charter Amendment</heading><content>(a) Subject to the requirements of this section, the terms of an open-enrollment charter may be revised with the consent of the charter holder by expansion or non-expansion amendment as approved by the commissioner of education.(b) Information relevant to all amendment requests.(1) Filing of amendment request. Prior to implementation, the charter holder shall file a request, in the form prescribed, with the Texas Education Agency (TEA) division responsible for charter schools.(2) Board resolution. The request must be attached to a written resolution adopted by the governing body of the charter holder and signed by a majority of the members indicating approval of the requested amendment.(3) Relevant information considered. As directed by the commissioner, a charter holder requesting an amendment shall submit current information required by the prescribed amendment form, as well as any other information requested by the commissioner. In considering the amendment request, the commissioner may consider any relevant information concerning the charter holder, including its performance on the Charter School Performance Frameworks (CSPF) adopted by rule in §100.1031 of this title (relating to Performance Frameworks for Subchapters D and E Charter Schools) and §100.1033 of this title (relating to Performance Frameworks for Subchapter G Charter Schools); student and other performance; compliance, staff, financial, and organizational data; and other information.(4) Best interest of students. The commissioner may approve an amendment only if the charter holder meets all applicable requirements, and only if the commissioner determines that the amendment is in the best interest of students. The commissioner may consider the performance of all charters operated by the same charter holder in the decision to finally grant or deny an amendment.(5) Conditional approval. The commissioner may grant the amendment without condition or may require compliance with such conditions and/or requirements as may be in the best interest of students. (6) Required forms and formats. The TEA division responsible for charter schools may develop and promulgate, from time to time, forms or formats for requesting charter amendments under this section. If a form or format is promulgated for a particular type of amendment, it must be used to request an amendment of that type.(7) Ineligibility. The commissioner will not consider any amendment that is submitted by a charter holder that has been notified by the commissioner of the commissioner's intent to allow the expiration of the charter or intent to revoke the charter. This subsection does not limit the commissioner's authority to accept the surrender of a charter.(c) Expansion amendments.(1) Timeline for submission. A charter holder may submit a request for approval for an expansion amendment:(A) up to 36 months before the date on which the expansion will be effective; and(B) no later than the first day of March before the school year for which the expansion will be effective or no later than June 30 of each year for which the expansion will be effective for Subchapter G charter schools.(2) Notification.(A) Upon receipt of an expansion amendment request by a charter holder, the TEA division responsible for charter schools will notify the following:(i) the superintendent and the board of trustees of each school district from which the proposed open-enrollment charter school or campus is likely to draw students, as defined in §100.1013 of this title (relating to Notification of Charter Application); and(ii) each member of the legislature that represents the geographic area to be served by the proposed school or campus, as defined in §100.1013 of this title.(B) To be considered a school district for purposes related to land development standards, licensing, zoning, and various purposes and services, a charter school must meet the notification requirements as outlined in §100.1209 of this title (relating to Municipal Ordinances).(C) Should a change in the location of a campus be approved after notification but prior to opening, the commissioner of education or the commissioner's designee is required to notify as required by subparagraph (A) of this paragraph based on the zip code of the new location.(3) Expansion types. A charter holder of an open-enrollment charter may submit, as described by this section, a request for approval for either:(A) expedited expansion; or(B) discretionary expansion.(4) Expedited expansion amendments. An expedited expansion amendment allows for the establishment of a new charter campus under Texas Education Code (TEC), §12.101(b-4).(A) In order to submit an expedited expansion amendment, the charter school must meet the following requirements:(i) an accreditation status of Accredited;(ii) currently has at least 50% of its student population in grades assessed under TEC, Chapter 39, Subchapter B, or has had at least 50% of the students in the grades assessed enrolled in the school for at least three years;(iii) is currently evaluated under the standard accountability procedures for evaluation under TEC, Chapter 39, and received a district rating in the highest or second highest performance rating category under TEC, Chapter 39, Subchapter C, for three of the last five ratings;(iv) at least 75% of the campuses rated under the charter school also received a rating in the highest or second highest performance rating category in the most recent ratings; and(v) no campus received a rating in the lowest performance rating category in the most recent ratings.(B) Unless the commissioner provides written notice that the charter holder does not meet the requirements outlined in TEC, §12.101(b-4), within 60 days of the date the charter holder submits a completed expedited expansion amendment, the amendment is considered enacted. If the commissioner denies the amendment, the commissioner must identify the legal and factual basis for denial, including the specific criteria under TEC, §12.101(b-4), that was not met.(5) Discretionary expansion amendments. A discretionary expansion amendment permits commissioner-approved changes to the terms of an open-enrollment charter school related to expansion.(A) Discretionary expansion amendment types. There are three types of discretionary amendments.(i) Maximum enrollment. The commissioner may approve an expansion amendment request seeking to increase maximum allowable enrollment. For Subchapter G charter schools, the maximum enrollment may not exceed more than 2,000 students.(ii) Grade span. The commissioner may approve an expansion amendment request seeking to extend the grade levels it serves only if it is accompanied by appropriate educational plans for the additional grade levels in accordance with Chapter 74, Subchapter A, of this title (relating to Required Curriculum), and such plan has been reviewed and approved by the charter governing board.(iii) Adding a campus or site. The commissioner may approve an expansion amendment request seeking to add a new campus or site under a campus only if it meets the following criteria:(I) the charter holder has operated at least one charter school campus in Texas for a minimum of three consecutive years; and(II) a new site under an existing campus will be located within 25 miles of the campus with which it is associated.(B) Board certification. Before voting to request a discretionary expansion amendment, the charter holder governing board must certify that they have considered a business plan and has determined by majority vote of the board that the growth proposed is financially prudent relative to the financial and operational strength of the charter school and includes such a statement in the board resolution. The commissioner may request submission of the business plan, which must be comprised of the following components:(i) a statement discussing the need for the expansion;(ii) a statement discussing the current and projected financial condition of the charter holder and charter school;(iii) an unaudited statement of financial position for the current fiscal year;(iv) an unaudited statement of financial activities for the current fiscal year;(v) an unaudited statement of cash flows for the current fiscal year;(vi) a pro forma budget that includes the costs of operating the charter school, including the implementation of the expansion amendment;(vii) a statement or schedule that identifies the assumptions used to calculate the charter school's estimated Foundation School Program revenues;(viii) a statement discussing the use of debt instruments to finance part or all of the charter school's incremental costs;(ix) a statement discussing the incremental cost of acquiring additional facilities, furniture, and equipment to accommodate the anticipated increase in student enrollment;(x) a statement discussing the incremental cost of additional on-site personnel and identifying the additional number of full-time equivalents that will be employed;(xi) the required statement that the growth proposed is financially prudent relative to the financial and operational strength of the charter school;(xii) there are no instances of nepotism, conflicts of interest, or revelations in criminal history checks that deemed any board member or employee ineligible to serve as reported in the Governance Reporting Forms submitted to TEA for the previous three years; and(xiii) the charter holder meets all other requirements applicable to expansion amendment requests and other amendments.(C) Requirements. The commissioner may approve a discretionary expansion amendment only if:(i) the expansion will be effective no earlier than the start of the fourth full school year at the affected charter school. This restriction does not apply if the affected charter school has a district rating of an A, B, or C and is operated by a charter holder that operates multiple charter campuses and all of that charter holder's most recent campus ratings of an A, B, or C;(ii) the charter school has an accreditation status of Accredited;(iii) the most recent district rating for the charter school is an A, B, or C;(iv) the most recent district financial accountability rating for the charter school in the Financial Integrity Rating System of Texas for charter schools is "satisfactory" as defined by §100.1001(9) of this title (relating to Definitions);(v) a charter holder that operates multiple charter campuses meets the criteria in subclause (I) or (II) of this clause. When calculating the percentages described, campuses that receive a 'Not Rated' rating shall not be included in the calculation.(I) At least 90% of the campuses that receive an accountability rating are rated as an A, B, or C.(II) If 75-89% of campuses that receive an accountability rating under the charter school are rated as an A, B, or C, the charter holder must provide additional information with the expansion request; and(vi) the most recent designation for the charter school under the CSPF or Adult Charter School Performance Framework is "Tier 1" or "Tier 2" as defined by §100.1031 or §100.1033 of this title.(D) Discretionary expansion amendment determination timeline. Notice of the commissioner's decision regarding a discretionary expansion amendment will be made within 60 calendar days of the date the charter holder submits a completed amendment request. The notice of the commissioner's determination may be sent electronically.(6) High-quality campus designation. A high-quality campus designation is a separate designation and must be requested prior to the opening of a new campus associated with an approved expansion amendment. Charter holders of charter schools that receive high-quality campus designation from the commissioner will be eligible to participate in the charter school program competitive grant process when federal funding for the Texas charter school program is available.(A) The commissioner may approve a high-quality campus designation for a charter only if:(i) the charter holder meets all requirements applicable to an expansion amendment set forth in this section and has operated at least one charter school campus in Texas for a minimum of five consecutive years;(ii) the charter school has been evaluated under the accountability rating system established in §97.1001 of this title (relating to Accountability Rating System), has an accreditation status of Accredited, is currently evaluated under the standard accountability procedures, currently has an "A" or "B" rating at the local education agency level, and has an "A" or "B" rating in the previous two years in which ratings were issued with each campus that received a rating and operated under the charter also receiving an "A" or "B" rating as defined by §100.1001(8) of this title in the most recent state accountability ratings;(iii) no charter campus has been identified for federal interventions in the most current report;(iv) the charter school is not under any sanction imposed by TEA authorized under TEC, Chapter 39; Chapter 97, Subchapter EE, of this title (relating to Accreditation Status, Standards, and Sanctions); or federal requirements;(v) is rated "Tier 1" in the most recent CSPF and meets the requirements of federal law and TEC, §12.111(a)(3) and (4);(vi) the charter holder completes an application approved by the commissioner;(vii) the amendment complies with all requirements of this paragraph; and(viii) the commissioner determines that the designation is in the best interest of students.(B) In addition to the requirements of subparagraph (A) of this paragraph, the commissioner may approve a high-quality campus designation only if the campus with the proposed designation:(i) satisfies each element of the definition of a public charter school as set forth in federal law, including:(I) admits students on the basis of a lottery, consistent with Elementary and Secondary Education Act, §4303(c)(3)(A), if more students apply for admission than can be accommodated; or(II) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in subclause (I) of this clause;(ii) is separate and distinct from the existing charter school campus(es) established under the open-enrollment charter school with a separate facility and county-district-campus number; and(iii) holds a valid charter contract issued by TEA.(C) In making the findings required by subparagraph (B)(i) and (iii) of this paragraph, the commissioner shall consider:(i) the terms of the open-enrollment charter school as a whole, as modified by the high-quality campus designation; and(ii) whether the campus with the proposed designation shall be established and recognized as a separate school under Texas law.(D) Failure to meet any standard or requirement for high-quality campus designation or agreed to in a performance agreement shall mean the immediate termination of any federal charter school program grant and/or any waiver exempting a charter from some of the expansion amendment requirements that may have been granted to a charter holder as a result of the high-quality campus designation.(E) Notice of the commissioner's decision regarding a high-quality campus designation will be made within 60 calendar days of the date the charter holder submits a completed request. The notice of the commissioner's determination may be sent electronically. (d) Non-expansion amendment. A non-expansion amendment permits changes to the terms of an open-enrollment charter school not related to expansion.(1) Timeline for submission. All non-expansion amendments may be filed with the commissioner at any time throughout the year.(2) Non-expansion amendment types. A non-expansion amendment is either material or non-material.(A) Material non-expansion amendments include changes to the terms of an open-enrollment charter, including the following: relocation of a campus, campus or charter dormancy, closing or returning an active campus or site, charter holder governance, articles of incorporation, corporate bylaws, management company, admission and enrollment policy, shared services cooperatives or shared services agreements, and curriculum programs not already approved by TEA.(i) Relocation amendment. A material non-expansion amendment to relocate solely permits a charter holder to relocate an existing campus or site to an alternate address while serving the same students and grade levels without a significant disruption to the delivery of the educational services. The alternate address of the relocation shall not be in excess of 25 miles from the existing campus address.(ii) Material charter language change. Any material non-expansion amendment that requires changes to charter language shall set forth the text and page references in electronic format of the current open-enrollment charter language to be changed, and the text proposed as the new open-enrollment charter language.(B) Non-material non-expansion amendments include changes to the terms of an open-enrollment charter, including the following: charter holder name, charter school (district) name, charter campus name, grade levels served on a campus, campus start date change, closing or returning a dormant campus or site, and fiscal year change.(C) Any non-expansion amendment not identified in subparagraph (A) or (B) of this paragraph is subject to commissioner determination as material or non-material.(D) The following timelines apply to non-expansion amendment requests.(i) Charter holders that submit material non-expansion requests will receive notice of the commissioner's decision within 60 calendar days of a completed amendment request.(ii) Charter holders that submit non-material non-expansion requests may proceed with the request 30 calendar days after the date the charter holder submits a completed amendment request unless otherwise notified by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §100.1035 adopted to be effective October 2, 2024, 49 TexReg 7855; amended to be effective September 28, 2025, 50 TexReg 6325.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1037"><num value="100.1037">§100.1037</num><heading>Renewal of an Open-Enrollment Charter</heading><content>(a) Petition for renewal.(1) A charter holder of an open-enrollment charter may submit, as described by this section, a petition for:(A) expedited renewal; or(B) discretionary renewal.(2) A petition for renewal of the charter must be submitted on the date provided by the Texas Education Agency (TEA) annually, prior to the expiration of the charter contract.(3) A petition for renewal must be in the form provided by TEA and shall include all information and documentation required by the form.(4) If a charter holder fails to submit a timely and sufficient petition for renewal of an open-enrollment charter, the existing charter may expire at the end of its term.(b) Expedited renewal. If a charter holder submits the petition for expedited renewal, the commissioner of education will approve or deny the expedited renewal not later than the 30th day after the date of the charter holder submission. A charter holder may submit a petition for expedited renewal if:(1) the charter holder has been assigned the highest or second highest performance rating under Texas Education Code (TEC), Chapter 39, Subchapter C, for the three preceding school years;(2) the charter holder has been assigned a financial performance accountability rating under TEC, Chapter 39, Subchapter D, indicating financial performance that is satisfactory or better for the three preceding school years; and(3) no campus operating under the charter has been assigned an unacceptable performance rating under TEC, Chapter 39, Subchapter C, for the three preceding school years or such a campus has been closed.(c) Expiration. Notwithstanding any other law and in accordance with TEC, §12.1141(e), a determination by the commissioner of education under this subsection is final and may not be appealed. The commissioner may not renew the charter and must allow the charter to expire if:(1) the charter holder has been assigned the unacceptable performance rating under TEC, Chapter 39, Subchapter C, for any three of the five preceding school years;(2) the charter holder has been assigned a financial accountability performance rating under TEC, Chapter 39, Subchapter D, indicating financial performance that is lower than satisfactory for any three of the five preceding school years;(3) the charter holder has been assigned any combination of the ratings described by paragraph (1) or (2) of this subsection for any three of the five preceding school years. For purposes of determining a combination, a school that earned a financial and academic rating as described in paragraphs (1) and (2) of this subsection in the same year will count once; or(4) any campus operating under the charter has been assigned an unacceptable performance rating under TEC, Chapter 39, Subchapter C, for the three preceding school years and such a campus, and if applicable, all sites associated with the campus, has not been closed.(d) Discretionary renewal.(1) A charter holder may submit a petition for discretionary renewal if it:(A) does not qualify to submit the petition for expedited renewal; or(B) is not subject to an expiration under subsection (c) of this section.(2) In evaluating the petition for discretionary renewal, the commissioner shall consider:(A) the results of the charter's annual evaluation under the performance framework set forth in the Charter School Performance Framework (CSPF) Manual established under TEC, §12.1181, or the results of the charter's annual evaluation under the performance framework set forth in the Adult Charter School Performance Framework (ACSPF) Manual established under TEC, §12.262; and(B) the criteria described under §100.1039 of this title (relating to Standards for Discretionary Renewal).(e) Special rules for alternative education accountability (AEA) charters. The following provisions apply to the renewal of the charter of an open-enrollment charter school that is registered under the TEA AEA procedures for evaluation under TEC, Chapter 39.(1) Discretionary renewal of AEA charters. An AEA charter may submit the petition for discretionary renewal and the petition must be considered under the discretionary renewal process. An AEA charter may not submit a petition for expedited renewal.(2) Academic criteria for discretionary renewal of AEA charters.(A) In considering a petition for discretionary renewal by an AEA charter such as a dropout recovery school or a school providing education within a residential treatment facility, the commissioner shall use academic criteria as outlined in the CSPF Manual established under TEC, §12.1181, that is appropriate to measure the specific goals of the school.(B) For purposes of this subsection, the commissioner shall designate as a dropout recovery school an open-enrollment charter school or a campus of an open-enrollment charter school that:(i) serves students in Grades 9-12 and has an enrollment of which at least 60% of the students are 16 years of age or older as of September 1 of the school year as reported for the fall semester Public Education Information Management System submission or applies for and receives designation as a dropout recovery school in accordance with commissioner rule; and(ii) meets the eligibility requirements for and is registered under alternative education accountability procedures adopted by the commissioner.(3) Expiration of AEA charters. The commissioner may not renew and must allow an AEA charter to expire if the charter holder has been assigned a financial accountability performance rating under TEC, Chapter 39, Subchapter D, indicating financial performance that is lower than satisfactory for any three of the five preceding school years.(f) Special rules for adult high school charter school program charters. The following provisions apply to the renewal of the charter of an adult high school charter school authorized under TEC, Chapter 12, Subchapter G.(1) Discretionary renewal of adult high school charter school charters. An adult high school charter school may submit the petition for discretionary renewal, and the petition must be considered under the discretionary renewal process. An adult high school charter school may not submit a petition for expedited renewal.(2) Academic criteria for discretionary renewal of adult high school charter school program charters. In considering a petition for discretionary renewal by an adult high school charter school, the commissioner shall use academic criteria as outlined in the ACSPF Manual established under TEC, §12.262.(3) Revocation of adult high school charter school charters. The commissioner may revoke a charter to operate an adult education program if the charter's adult education program fails to meet the minimum performance standards established in the ACSPF adopted by rule in §100.1033 of this title (relating to Performance Frameworks for Subchapter G Charter Schools) for three consecutive school years after the second year of operation.(g) Notice and content of renewal decision or determination. (1) Expedited renewal decision. Not later than the 30th day after the submission of a petition for expedited renewal, the commissioner shall provide written notice to the charter holder of the commissioner's decision to grant or deny the petition. If the expedited renewal is denied, the notice shall include an explanation of the factual and legal basis for the decision, a description of the legally relevant factors considered, an explanation of why the result reached is reasonable, and a description of the procedures to seek a review of the decision.(2) Discretionary renewal decision. Not later than the 90th day after the submission of a petition for discretionary renewal, the commissioner shall provide written notice to the charter holder of the commissioner's decision to grant or deny the petition. If the discretionary renewal is denied, the notice shall include an explanation of the factual and legal basis for the decision, a description of the legally relevant factors considered, an explanation of why the result reached is reasonable, and a description of the procedures to seek a review of the determination.(3) Expiration determination. The commissioner shall provide written notice to the charter holder of the commissioner's determination that the charter must expire. In the event a charter holder that meets the criteria for expiration submits a petition for renewal, the commissioner, not later than the 90th day after the submission, shall provide written notice to the charter holder of the commissioner's decision to deny the petition. Determinations made by the commissioner are final and may not be appealed. The notice shall include an explanation of the factual and legal basis for the determination, a description of the legally relevant factors considered, and an explanation of why the result reached is reasonable.(4) Delivery and effective date of notice. The commissioner shall provide written notice electronically to the charter holder. Notice is effective on the sent date of the electronic notification.(h) Appeal of renewal decisions and determinations. A decision by the commissioner to deny the petition for an expedited renewal or the petition for a discretionary renewal is subject to review by the State Office of Administrative Hearings under an arbitrary and capricious or clearly erroneous standard as described under Chapter 157, Subchapter EE, Division 4, of this title (relating to State Office of Administrative Hearings Arbitrary and Capricious or Clearly Erroneous Review).(i) Use of ratings and data. The following provisions apply to the petition for renewal or expiration under this section.(1) If a rating is not issued during one or more of the preceding school years, then the term "three preceding school years" means the most recent three school years during which a rating was issued, and the term "three of the five preceding school years" means three out of the most recent five school years during which a rating was issued, not to exceed more than the six most recent years.(2) A rating that does not meet the criteria for "academically acceptable" as defined by §100.1001(8) of this title (relating to Definitions) shall not be considered the highest or second highest academic performance rating for purposes of this section.(3) For purposes of renewal or expiration under this section, the term "unacceptable performance" means an unacceptable academic performance rating as defined by §100.1001(8) of this title.(4) For purposes of renewal under this section, the term "financial performance lower than satisfactory" means a financial performance rating as defined by §100.1001(9) of this title.(j) Conflict of rule. Except as provided by subsection (c) of this section, a contract term that conflicts with any rule in Part 2 of this title (relating to Texas Education Agency) is superseded by the rule to the extent that the rule conflicts with the contract term.(k) Conditional approval. Notwithstanding any other rule in Part 2 of this title, the commissioner may require, as a condition of renewal, that the charter holder amend a contract under TEC, §12.114(a), to correct any ambiguities, defects, or other infirmities.</content><note type="source"><p>Source Note: The provisions of this §100.1037 adopted to be effective October 2, 2024, 49 TexReg 7855; amended to be effective September 28, 2025, 50 TexReg 6325.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1039"><num value="100.1039">§100.1039</num><heading>Standards for Discretionary Renewal</heading><content>Criteria for discretionary renewal. The following criteria shall be considered by the commissioner of education during the discretionary renewal process. The commissioner may non-renew a charter contract based on any of the following.(1) Academic:(A) assignment of an "academically unacceptable" rating as defined in §100.1001(8) of this title (relating to Definitions);(B) failure to meet academic performance standards for students not measured in the accountability system;(C) unsatisfactory academic performance of subpopulations; and(D) failure to meet program requirements for special populations, including, but not limited to, special education, bilingual/English as a second language, and career and technical education.(2) Financial:(A) failure to use state funds for purposes for which a school district may use local funds under Texas Education Code (TEC), §45.105(e); (B) failure to hold state funds in trust for the benefit of the students of the charter school;(C) failure to satisfy generally acceptable accounting standards of fiscal management;(D) failure to resolve a lien, levy, or other garnishment within 30 days;(E) existence of a Foundation School Program (FSP) allotment subject to a warrant hold and that warrant has not been removed within 30 days;(F) failure to timely file annual financial report required under TEC, §44.008;(G) existence of an annual financial report containing adverse, qualified, or disclaimed opinion(s);(H) assignment of a lower than satisfactory financial performance rating as defined in §100.1001(9) of this title;(I) submission of attendance accounting data resulting in an overallocation from the FSP;(J) existence of the following interested transactions:(i) failure to comply with Local Government Code, Chapter 171;(ii) failure to record and report on the governance reporting forms all financial transactions between charter school and non-charter activities of charter holder; and(iii) failure to timely and accurately record and report on the governance reporting forms all financial transactions required in the governance reporting form;(K) failure to post all financial information, including the salary of the chief executive officer (CEO), annual financial statement, most current annual financial report, and approved budget, on the charter school's website;(L) payment of salaries of the CEO and/or other administrative position(s) that exceed reasonable fair market value for the services provided. Fair market value shall be based on size of school, individual's education, prior salary history, job duties actually performed, and what a typical person with similar skills, experience, and job duties would earn;(M) renting or purchasing property for amounts in excess of fair market value;(N) loss of eligibility to participate in the child nutrition program for more than 30 days;(O) charter holder being imminently insolvent as defined by this chapter;(P) failure to conduct fiscal management, including, but not limited to, the loss of financial records or a material non-compliance with State Board of Education or commissioner accounting requirements and failure to comply with the Financial Accountability System Resource Guide adopted under §109.41 of this title (relating to Financial Accountability System Resource Guide); and(Q) failure to comply with applicable purchasing requirements, including Local Government Code, Chapter 271, if applicable.(3) Operational:(A) Governance:(i) failure to timely file accurate and complete governance reporting forms;(ii) non-compliance with required charter board training;(iii) failure to timely and accurately report board training in the annual financial report;(iv) failure to maintain verification of criminal history check/fingerprinting;(v) failure to maintain verification of compliance with reporting requirements of the Secretary of State, the Texas Family Code, the Texas Open Meetings Act, the Texas Public Information Act, government and local records, applicability of public purchasing and contracting, and conflicts of interest and nepotism;(vi) allowing a person with a criminal record to be employed or serve as a volunteer, officer, or board member in violation of TEC, Chapters 12 and 22;(vii) failure of an employee or officer of the charter school to report child abuse or neglect as required by the Texas Family Code, Chapter 261;(viii) failure to disclose and report all conflict of interest and nepotistic relationships to the Texas Education Agency (TEA) in the applicable minutes of the charter holder's corporate records;(ix) failure to submit to the Secretary of State a listing of all current members of the charter holder, the articles of incorporation, the by-laws, assumed name, and any other matter of the corporate business required to be reported to the Secretary of State; and(x) failure to maintain the 501(c)(3) status of the charter holder at all times;(B) Complaints: failure to timely respond to and correct any complaints as directed by TEA;(C) Property and campus operations (campuses of charter holders that provide instructional services within residential detention, treatment, or adjudication facilities are not subject to clauses (ii) and (iii) of this subparagraph):(i) operation of any campus that does not meet the definition of a campus according to §100.1001(6)(B) of this title and that does not serve a minimum of 100 students as reflected in the Public Education Information Management System (PEIMS) fall snapshot; (ii) failure of the charter holder to serve a minimum of 100 students, as reflected in the PEIMS fall snapshot, unless a lower number is declared and approved in the charter contract or approved by the commissioner;(iii) failure to document and fully disclose any step transactions in the purchase or sale of property; and(iv) failure to ensure that all charter holder buildings used for educational purposes have a valid certificate of occupancy for educating children;(D) Activity fees and volunteer requirements:(i) requiring any activity fees or any compulsory fees that are not authorized by TEC, §11.158, or other law; and(ii) requiring any parental involvement, donation, or volunteerism as a condition of enrollment or continued enrollment;(E) Management contracts:(i) charter holder board allowing any entity to exercise control or ultimate responsibility for the school, including the academic performance, financial accountability, or operational viability;(ii) charter holder board not retaining or exercising ultimate responsibility for the management of the charter school without regard to execution of a management contract with a charter management organization (CMO);(iii) failure to timely file a current copy of the executed management contract, including any and all amendments, with TEA;(iv) failure of the board of directors of the charter holder to ensure that both the charter holder and CMO are compliant with all the rules applicable to charter schools, including, but not limited to:(I) financial accounting;(II) record retention;(III) health, safety, and welfare of students;(IV) educational program accountability;(V) Texas Open Meetings Act;(VI) Texas Public Information Act; and(VII) policies, procedures, and legal requirements found in state and federal laws/guidelines and the charter contract; and(v) failure to comply with requirements in §100.1155 of this title (relating to Substantial Interest in Management Company; Restrictions on Serving) prohibiting a board member from having a substantial interest in the CMO; and(F) Charter school performance framework: failure to satisfy applicable performance framework measures as prescribed in the Charter School Performance Framework Manual established under TEC, §12.1181 or Adult Charter School Performance Framework established under TEC, §12.262.</content><note type="source"><p>Source Note: The provisions of this §100.1039 adopted to be effective October 2, 2024, 49 TexReg 7855; amended to be effective September 28, 2025, 50 TexReg 6325.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1041"><num value="100.1041">§100.1041</num><heading>Accountability Ratings and Sanctions</heading><content>(a) Commissioner authority. The commissioner of education may take any action relating to the charter holder or any of its charter campuses authorized by Texas Education Code (TEC), Chapter 39A, and the rules adopted under that chapter. Except as expressly provided by statute, the commissioner may take any accountability action against a charter holder or charter campus that the commissioner is authorized to take against a school district or campus under the subchapters of TEC, Chapter 39A.(b) Charter holder cooperation. A charter holder and its employees and agents shall fully cooperate with an action under subsection (a) of this section and shall take all actions necessary to secure the cooperation of a management company. Failure to comply with lawful requests, directives, or other Texas Education Agency (TEA) actions under subsection (a) of this section constitutes a material charter violation.(c) Management company cooperation. A management company and its employees and agents shall fully cooperate with an action under subsection (a) of this section. Failure to comply with lawful requests, directives, or other TEA actions under subsection (a) of this section constitutes a management company breach.</content><note type="source"><p>Source Note: The provisions of this §100.1041 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1043"><num value="100.1043">§100.1043</num><heading>Agency Audits, Monitoring, and Investigations</heading><content>(a) Agency authority. The Texas Education Agency (TEA) may conduct routine audits, monitoring, and other investigations of the charter school or charter holder to determine compliance with the terms of the open-enrollment charter, with the terms of federal or state grants, or as authorized in the Texas Education Code or other law.(b) Charter holder cooperation. A charter holder and its employees and agents shall fully cooperate with audits, monitoring, and investigations under subsection (a) of this section and shall take all actions necessary to secure the cooperation of a management company. Failure to comply with lawful requests, directives, or other TEA actions under subsection (a) of this section constitutes a material charter violation.(c) Management company cooperation. A management company and its employees and agents shall fully cooperate with audits, monitoring, and investigations under subsection (a) of this section. Failure to comply with lawful requests, directives, or other TEA actions under subsection (a) of this section constitutes a management company breach.</content><note type="source"><p>Source Note: The provisions of this §100.1043 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1045"><num value="100.1045">§100.1045</num><heading>Intervention Based on Charter Violations</heading><content>(a) The commissioner of education shall temporarily withhold state funds, suspend the authority of an open-enrollment charter school to operate, impose any sanction under Texas Education Code, Chapter 39, Subchapter E, and/or take any other reasonable action the commissioner determines necessary, if the commissioner determines that a charter holder:(1) committed a material violation of the school's charter;(2) failed to satisfy generally accepted accounting standards of fiscal management; or(3) failed to comply with this subchapter or another applicable rule or law.(b) A determination under this section shall be made through a final investigative report issued by the Texas Education Agency.(c) The commissioner shall notify the open-enrollment charter school in writing of the action taken under this section. The notice must state the legal and factual basis for the action.</content><note type="source"><p>Source Note: The provisions of this §100.1045 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1047"><num value="100.1047">§100.1047</num><heading>Intervention Based on Health, Safety, or Welfare of Students</heading><content>(a) The commissioner of education may temporarily withhold state funds, suspend the authority of an open-enrollment charter school to operate in its entirety or at one or more locations, and/or take any other reasonable action the commissioner determines necessary to protect the health, safety, or welfare of students enrolled at the school based on evidence that conditions at the school present a danger to the health, safety, or welfare of the students.(b) The commissioner must notify the charter holder in writing of the action taken in subsection (a) of this section.(c) If the commissioner's actions under subsection (a) of this section relate to circumstances that present an imminent danger of material harm to the health, safety, or welfare of students, the open-enrollment charter school may not receive state funds and may not resume operating until a determination is made that:(1) despite initial evidence, the conditions at the school do not present an imminent danger of material harm to the health, safety, or welfare of students; or(2) the conditions at the school that presented an imminent danger of material harm to the health, safety, or welfare of students have been corrected.(d) Not later than the third business day after the date the commissioner acts under subsection (a) of this section to address circumstances that present an imminent danger of material harm to the health, safety, or welfare of students, the commissioner shall provide the charter holder an opportunity for a hearing.(e) The hearing under this section shall be conducted under the procedures governing informal review of a preliminary investigative report specified in Chapter 157, Subchapter EE, Division 1, of this title (relating to Informal Review).(f) An action under subsection (a) of this section to address circumstances that present an imminent danger of material harm to the health, safety, or welfare of students remains in effect until a determination under subsection (e) of this section becomes final.(1) If the determination is in favor of the charter holder, the commissioner must cease the action under subsection (a) of this section immediately and restore all funds to which the charter holder would be entitled but for such action.(2) If the determination is against the charter holder, the commissioner must initiate adverse action against the charter under §100.1049 of this title (relating to Revocation and Modification of Governance of an Open-Enrollment Charter). The action under subsection (a) of this section then remains in effect until the final decision under §100.1049 of this title.</content><note type="source"><p>Source Note: The provisions of this §100.1047 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1049"><num value="100.1049">§100.1049</num><heading>Revocation and Modification of Governance of an Open-Enrollment Charter</heading><content>(a) Mandatory revocation or reconstitution. Except as provided by subsection (b) of this section, the commissioner of education shall either revoke the charter of an open-enrollment charter school or reconstitute the governing body of the charter holder if the commissioner determines that the charter holder:(1) committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;(2) failed to satisfy generally accepted accounting standards of fiscal management;(3) failed to protect the health, safety, or welfare of the students enrolled at the school;(4) failed to comply with Texas Education Code (TEC), Chapter 12, Subchapter D, or another applicable law or rule;(5) failed to satisfy the performance framework standards as set forth in the Charter School Performance Framework Manual established under TEC, §12.1181; or(6) is imminently insolvent as determined by the commissioner in accordance with §100.1051(c) of this title (relating to Standards to Revoke and Modify the Governance of an Open-Enrollment Charter).(b) Mandatory revocation.(1) Use of criteria. Notwithstanding §100.1051 of this title, the commissioner shall revoke the charter of an open-enrollment charter school if for the three preceding school years:(A) the charter holder has been assigned an "academically unacceptable" performance rating under TEC, Chapter 39, Subchapter C;(B) the charter holder has been assigned a financial accountability performance rating under TEC, Chapter 39, Subchapter D, indicating financial performance lower than satisfactory; or(C) the charter holder has been assigned any combination of an academic performance rating of "academically unacceptable" under TEC, Chapter 39, Subchapter C, and/or a financial performance rating lower than satisfactory under TEC, Chapter 39, Subchapter D. For purposes of determining a combination, a school that earned a financial and academic rating as described in subparagraphs (A) and (B) of this paragraph in the same year will count once.(2) Use of determinations and data. The following provisions apply to a mandatory revocation under this section.(A) If a rating or scaled score is not issued during one or more of the preceding school years, then the term "three preceding school years" means the most recent three school years during which a rating was issued.(B) For purposes of revocation under paragraph (1)(A) of this subsection, the term "unacceptable performance" means an academic accountability rating that is unacceptable as defined in §100.1001(8) of this title (relating to Definitions).(C) For purposes of revocation under paragraph (1)(B) of this subsection, the term "financial performance lower than satisfactory "means a financial accountability rating that is lower than satisfactory as defined in §100.1001(9) of this title.(c) Notice and content of decision to revoke or modify. The commissioner shall provide written notice to the charter holder of the commissioner's decision to revoke or modify the governance of a charter. The notice shall include an explanation of the factual and legal basis for the decision, a description of the legally relevant factors considered, an explanation of why the result reached is reasonable, and a description of the procedures to seek a review of the decision.(d) State Office of Administrative Hearing (SOAH) review of revocation. A decision by the commissioner to revoke the charter of an open-enrollment charter school under TEC, §12.115, is subject to review by the SOAH under an arbitrary and capricious or clearly erroneous standard as described by Chapter 157, Subchapter EE, Division 4, of this title (relating to State Office of Administrative Hearings Arbitrary and Capricious or Clearly Erroneous Review).(e) Reconstitution of governing body of charter holder and/or creation of a new 501(c)(3) organization. With the exception of revocation actions taken under subsection (b) of this section, the commissioner may choose to reconstitute the governing board of a charter holder and/or require the creation of a new 501(c)(3) organization if it is determined that the charter holder committed any violation under subsection (a) of this section.(1) To reconstitute the board, the commissioner shall appoint members to the governing body and shall consider local input from community members and parents as well as appropriate credentials and expertise for membership, including financial expertise, residency, and educator background. The commissioner may reappoint current members of the governing body.(2) The commissioner may also require the charter holder board to create a new single purpose organization that is exempt from taxation under 26 United States Code, §501(c)(3), if the governing body of a charter holder subject to reconstitution governs enterprises other than the open-enrollment charter school. The commissioner shall appoint the members of the governing body of the newly created organization.(3) The commissioner may require the charter holder to surrender the charter to the commissioner for transfer to the newly created organization.(4) A decision by the commissioner to reconstitute the governing body of the charter of an open-enrollment charter school or to create a new 501(c)(3) organization under the Internal Revenue Code of 1986 under TEC, §12.115, is subject to a hearing as described by Chapter 157, Subchapter EE, Division 2, of this title (relating to Hearing Following Investigation).</content><note type="source"><p>Source Note: The provisions of this §100.1049 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1051"><num value="100.1051">§100.1051</num><heading>Standards to Revoke and Modify the Governance of an Open-Enrollment Charter</heading><content>(a) Criteria for taking action. The action the commissioner of education takes under §100.1049(a) of this title (relating to Revocation and Modification of Governance of an Open-Enrollment Charter) to either revoke or modify the governance of a charter shall be based on the best interest of the charter school's students as it relates to the violation charged in the notice, the severity of the violation, and any previous violation the school has committed.(1) These criteria are not listed in order of importance. Rather, the commissioner shall assign weight to each criterion as indicated by the facts of the case presented. For example, serious or persistent charter violations may warrant revocation or non-renewal even if the violations benefited or had neutral effect on the students enrolled in the charter school. The state's interest in legal compliance is sufficient basis for action.(2) The "best interest of the charter school's students" is not a decisional criterion independent of the violation charged in the notice. Rather, the commissioner shall consider the best interests of students only as this criterion relates to the violation charged in the notice. For example, evidence of serious and persistent violations in one area of performance may not be offset or excused by evidence of benefit to students in an area of performance that is unrelated to the violation charged in the notice.(b) Minimum academic performance required. Continuation of an open-enrollment charter is contingent on satisfactory academic performance as measured by the academic accountability ratings and accreditation statuses assigned under the Texas Education Code (TEC), Chapter 39, as well as any supplemental accountability requirements in the open-enrollment charter pursuant to TEC, §12.111(a)(3) and (4). Such supplemental requirements are in addition to, and may not supplant, satisfactory academic performance as measured by the ratings assigned under TEC, Chapter 39.(1) Consideration of campus ratings. The commissioner shall revoke an open-enrollment charter of a charter holder if all of the campuses operated under that charter have been closed under TEC, Chapter 39.(2) Determination of academic performance. For purposes of this subsection, required minimum academic performance shall be determined as follows.(A) An "unsatisfactory rating" shall mean an academic accountability rating that is " academically unacceptable" as defined in §100.1001(8) of this title (relating to Definitions). For any school year, if the Texas Education Agency (TEA) assigns no district-level ratings to open-enrollment charter schools generally, but does assign campus-level ratings in that year, then unsatisfactory ratings for a majority of the campuses operated by the charter holder in such year shall constitute an unsatisfactory rating for the charter holder at the "district" level.(B) A "satisfactory rating" shall mean an academic accountability rating that is "academically acceptable" as defined in §100.1001(8) of this title.(C) Ratings are "consecutive" if they are not separated by a rating period in which TEA assigned accountability ratings to charter schools. For example, TEA did not assign academic accountability ratings to charter schools for the 2011-2012 school year. Thus, the ratings for the 2010-2011 and 2012-2013 school years are consecutive both for charter holders registered under the standard accountability system as well as charter holders registered under the alternative education accountability (AEA) system.(D) If the performance of an applicant for renewal under §100.1037 of this title (relating to Renewal of an Open-Enrollment Charter) cannot be determined because the applicant's charter school has not received accountability ratings and/or accreditation statuses for a sufficient number of years to support a judgment on its student performance:(i) the commissioner shall make a decision on student performance under the discretionary review process under §100.1037(d) of this title; and(ii) the commissioner's review under this subparagraph shall include the charter's annual evaluation under the Charter School Performance Framework Manual established under TEC, §12.1181, and the criteria described in §100.1039 of this title (relating to Standards for Discretionary Renewal).(E) If the performance of a charter holder cannot be determined because the small numbers of students or the grade levels served by the program prevented, limited, or significantly impacted the application of TEA's standard ratings and/or accreditation criteria, then the commissioner may evaluate substitute data chosen by the commissioner in taking action under this section.(i) Based on evaluation under this subparagraph, the commissioner shall determine whether the applicant has demonstrated a history of unsatisfactory academic performance. Any appeal under §100.1049 of this title of a determination under this clause may include the question whether the campus has had unsatisfactory academic performance.(ii) Regardless of whether the campus has satisfactory student performance, the commissioner may modify the open-enrollment charter to require the charter holder to serve additional students or grade levels that will cause the campus to receive academic ratings and/or statuses in the future.(F) If the performance of a charter holder cannot be determined because a high proportion of students served are in prekindergarten-Grade 2 or another grade for which an assessment instrument is not administered under TEC, §39.023, then the commissioner may evaluate the performance of the charter holder.(3) Finality of ratings.(A) Any appeal to a specific rating must be brought using the appeals procedures in the relevant accountability manual, which includes AEA, adopted under Chapter 97, Subchapter AA, of this title (relating to Accountability and Performance Monitoring).(B) Any challenge to a TEA rule, ratings standard, or process must be brought using the procedures outlined in Texas Government Code, Chapter 2001, for requesting agency rulemaking or challenging agency rules.(c) Minimum financial performance required. Continuation of an open-enrollment charter is contingent on the charter holder satisfying generally accepted accounting standards of fiscal management.(1) Determination. For purposes of this subsection, generally accepted standards of fiscal management shall be determined as follows.(A) Any of the following constitutes failure to comply with generally accepted standards of fiscal management.(i) Payment is made in excess of bonafide compensation agreements. The payment of compensation to an individual in excess of the fair market value of the services provided is a serious unsatisfactory financial performance. For purposes of this subsection, the fair market value of the services rendered shall be based on the individual's education, experience, prior salary history, the job duties actually performed, and what a typical person with similar skills, experience, and job duties would earn.(ii) Rental or purchase of property is in excess of its fair market value.(iii) The charter school received a significant overallocation from the Foundation School Program based on data reported by the charter holder.(iv) The charter school becomes imminently insolvent as determined in subparagraph (C) of this paragraph.(v) The charter school's financial auditor issues an adverse opinion regarding the school's financial statements or the school's financial auditor disclaims an opinion on the financial statements, and the issue resulting in the adverse or disclaimed opinion involves a significant amount of financial resources that were not properly documented or a material weakness that led to the misallocation of financial resources.(vi) The charter holder exhibits other instances of fiscal mismanagement, including, but not limited to, the loss of financial records or a material non-compliance with §109.41 of this title (relating to Financial Accountability System Resource Guide) or related supplement resulting in a significant wasting of financial resources.(vii) A final investigative report issued by TEA finds material noncompliance with the standards of this subsection.(viii) The annual audit report required by TEC, §44.008, is more than 180 days delinquent.(ix) The charter holder's property is subject to a lien, levy, or other garnishment and that lien, levy, or other garnishment is not removed within 30 days.(x) The charter holder is subject to a warrant hold and that warrant hold is not removed within 30 days.(xi) The charter holder loses its eligibility to participate in child nutrition programs for a period of more than 30 days.(xii) The charter holder has received an audit containing an adverse or disclaimed opinion, and based on the opinion is assigned a financial accountability rating that is less than satisfactory.(B) Charter holder financial performance will be evaluated in accordance with the following standards.(i) Step transactions. The commissioner may view the transaction as a whole and may disregard any non-substantive intervening transaction taken to achieve the final results.(ii) Arm's length transaction. A transaction that is described in subparagraph (A) of this paragraph that is the result of an arm's length transaction between completely unrelated parties is only a serious unsatisfactory financial performance if the transaction resulted in a significant wasting of financial resources.(C) For purposes of this section, "imminently insolvent" means that the charter holder meets one of the following standards:(i) has incurred liabilities in excess of net assets;(ii) is unable to pay its debts or financial obligations within 90 days of the date they become due;(iii) has declared bankruptcy;(iv) has otherwise sought the protection of bankruptcy laws;(v) had a lien or warrant hold placed against it by the Internal Revenue Service;(vi) had a warrant hold placed against it by the Teacher Retirement System; or(vii) has a judgment lien placed against it.(2) Finality of audits and reports.(A) Any review of a specific audited financial statement or investigative report must be brought using the procedures provided in the notice of the statement or report.(B) Any challenge to a TEA rule, financial standard, or audit procedure must be brought using the procedures outlined in Texas Government Code, Chapter 2001, for requesting agency rulemaking or challenging agency rules.(d) Minimum compliance performance required. Continuation of an open-enrollment charter is contingent on the charter holder's compliance with TEC, Chapter 12, Subchapter D; federal and state laws and rules; financial accountability standards, including student attendance accounting and grant requirements; and data integrity standards as demonstrated by monitoring reports under TEC, §7.028, final investigative reports issued by TEA, and other evidence.(1) Standard of required performance. The open-enrollment charter authorizing a charter school that has unsatisfactory compliance performance for three consecutive school years will be revoked.(2) Determination of performance. For purposes of this subsection, required minimum compliance performance shall be determined as follows. A charter holder's compliance with TEC, Chapter 12, Subchapter D; federal and state laws and rules; financial accountability standards, including student attendance accounting and grant requirements; or data integrity standards may be determined by applying the applicable standards to the facts as found by TEA monitoring reports under TEC, §7.028, or final investigative reports issued by TEA. Such reports establish non-compliance if the facts found therein are not in compliance with the standards set forth in this subsection. Other evidence may be considered.(3) Finality of compliance reports.(A) Any review of a specific monitoring report or investigative report must be brought using the procedures described in the notice of the report.(B) Any challenge to a TEA rule or compliance standard must be brought using the procedures outlined in Texas Government Code, Chapter 2001, for requesting agency rulemaking or challenging agency rules.(e) Minimum health and safety performance required. Continuation of an open-enrollment charter is contingent on the charter holder protecting the health, safety, and welfare of the students enrolled at the school, as determined by the commissioner under §100.1047 of this title (relating to Intervention Based on Health, Safety, or Welfare of Students) and this subsection or by an official report issued by a federal, state, or local authority with jurisdiction to issue the report.(1) Standard of required performance. The open-enrollment charter authorizing a charter school that fails to protect the health, safety, or welfare of the students enrolled at its school while on school property, while at school-related events, or at any time while under the supervision of school personnel shall be revoked effective immediately.(2) Determination of performance. For purposes of this subsection, required minimum health and safety performance shall be determined as follows.(A) A final investigative report issued by TEA is admissible to prove whether the charter holder failed to protect the health, safety, or welfare of the students enrolled at its school.(B) An official report issued by a federal, state, or local authority acting within its jurisdiction, as well as hearsay evidence and telephone testimony offered by officials from such authority, are admissible to prove whether the charter holder failed to protect the health, safety, or welfare of the students enrolled at its school.(C) Documents and testimony considered by the commissioner in making a determination under §100.1047 of this title are admissible to prove whether the charter holder failed to protect the health, safety, or welfare of the students enrolled at its school.(3) Finality of health and safety reports.(A) Any appeal to a specific official report issued by a federal, state, or local authority acting within its jurisdiction must be brought using the procedures provided in law for the review of such findings.(B) Any challenge to a TEA rule or compliance standard must be brought using the procedures outlined in Texas Government Code, Chapter 2001, for requesting agency rulemaking or challenging agency rules.(f) Minimum charter contract performance required. Continuation of an open-enrollment charter is contingent on the charter holder's implementation of and compliance with the terms of its open-enrollment charter as defined by §100.1001(21) of this title.(1) Standard of required performance. The open-enrollment charter authorizing a charter school that commits a material violation of its open-enrollment charter shall be revoked.(2) Determination of performance. For purposes of this subsection, required minimum charter performance shall be determined as follows.(A) A charter holder's compliance with its open-enrollment charter may be determined by applying the charter terms to the facts as found by TEA monitoring reports under TEC, §7.028, or final investigative reports issued by TEA. Such reports establish non-compliance if the facts found therein are not in compliance with these terms. Other evidence may be considered.(B) A violation of the contract for charter, request for applications (RFA), or other document approved by the State Board of Education (SBOE) or of a condition, amendment, modification, or revision of a charter approved by the commissioner is material if it directly violates the purpose of the contract, the RFA, or other documents approved by the SBOE or a condition, amendment, modification, or revision of the contract.(C) An open-enrollment charter as defined by §100.1001(21) of this title includes all applicable state and federal laws, rules, and regulations. A violation of such laws, rules, or regulations may be considered both under this subsection and under subsections (b)-(e) of this section, as appropriate.(3) Finality of charter violation reports. Any review of a specific investigative report must be brought using the procedures set forth in the notice of the report.(g) Performance frameworks. Continuation of an open-enrollment charter is contingent upon the charter holder's satisfaction of standards set forth in the Charter School Performance Framework Manual established under TEC, §12.1181.</content><note type="source"><p>Source Note: The provisions of this §100.1051 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1053"><num value="100.1053">§100.1053</num><heading>Management of Charter Campus(es) Following Revocation, Surrender, or Expiration</heading><content>Upon revocation, surrender, or expiration of a charter, the commissioner of education or the commissioner's designee may:(1) assign one or more campuses to a consenting charter holder that meets the minimum qualifications for a campus expansion amendment approval as designated in §100.1035 of this title (relating to Charter Amendment); or(2) provide for the management of the day-to-day operations of the campus(es) until alternative arrangements have been made.</content><note type="source"><p>Source Note: The provisions of this §100.1053 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1055"><num value="100.1055">§100.1055</num><heading>Eligible Entity; Change in Status or Revocation</heading><content>(a) A charter holder shall take and refrain from all acts necessary to maintain its status as an "eligible entity" within the meaning of Texas Education Code, §12.101(a), and shall notify the commissioner of education immediately in writing of any change in such status.(b) If a charter holder's exemption from taxation under 26 United States Code, §501(c)(3), is ever revoked by action of the Internal Revenue Service, for any reason, the charter shall be null and void and shall return to the commissioner without any further action on the part of the commissioner.(c) Failure to act in accordance with subsections (a) and (b) of this section shall not only affect eligibility for state funding as outlined in §100.1061(d)(1) of this title (relating to State Funding), it will also constitute a material violation of the charter contract.</content><note type="source"><p>Source Note: The provisions of this §100.1055 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1061"><num value="100.1061">§100.1061</num><heading>State Funding</heading><content>(a) Funding formula elements. Pursuant to Texas Education Code (TEC), §12.106, a charter school is entitled to funding from both tiers of the Foundation School Program (FSP) in accordance with the funding formulas for school districts pursuant to TEC, Chapter 48.(b) Tuition and fees. The governing board of the charter school shall adopt policies that clearly outline allowable and unallowable fees subject to requirements of TEC, §11.158 (a) and (b). A charter school shall not charge tuition and shall not charge a fee except:(1) a charter school may charge a fee listed in TEC, §11.158(a), and shall not charge any fee prohibited under TEC, §11.158(b);(2) if authorized under §100.1201(6) of this title (relating to Voluntary Participation in State Programs), a charter holder may charge tuition for certain prekindergarten classes in compliance with TEC, §29.1531 and §29.1532; and(3) a charter school shall accept tuition for students holding certain student visas as described in TEC, §25.0031(a).(c) Eligibility for state funding. A charter holder is not eligible to receive state funds, including grant funds, prior to execution of its contract by the charter holder or charter school board chair and the commissioner of education.(1) If a charter holder, before or without approval of an amendment under §100.1035 of this title (relating to Charter Amendment), extends the grade levels it serves, adds or changes the address of a campus, facility, or site, or exceeds its maximum allowable enrollment, then the charter holder is not eligible to receive state funds for the activities of the unapproved amendment of its charter school operations.(2) A former charter holder is not eligible to receive state funds.(d) Return of overallocated funds.(1) Within 30 days of receiving notice of an overallocation and a request for refund under TEC, §42.258, a charter holder shall transmit to the Texas Education Agency (TEA) an amount equal to the requested refund. Failure to comply with a request for refund under this subsection is a material charter violation and a management company breach. Funds allocated for student attendance in a program affected by an unapproved expansion under subsection (d)(1) of this section are overallocated within the meaning of this subsection.(2) If the charter holder fails to make the requested refund, TEA may recover the overallocation by any means permitted by law, including, but not limited to, the process set forth in TEC, §42.258.(3) Notwithstanding paragraph (2) of this subsection, TEA may not garnish or otherwise recover funds actually paid to and received by a charter holder under TEC, §12.106, if:(A) the basis of the garnishment or recovery is that:(i) the number of students enrolled in the school during a school year exceeded the student enrollment described by the school's charter during that period; and(ii) the school received the funds under TEC, §12.106, based on an accurate report of the school's actual student enrollment; and(B) the school used all funds received under TEC, §12.106, to provide education services to students and:(i) submits to the commissioner a timely request to revise the maximum student enrollment described by the school's charter and the commissioner does not notify the school in writing of an objection to the proposed revision before the 90th day after the date on which the commissioner received the request, provided that the number of students enrolled at the school does not exceed the enrollment described by the school's request; or(ii) exceeds the maximum student enrollment described by the school's charter only because a court mandated that a specific child enroll in that school.(4) Nothing in paragraph (3) of this subsection requires the agency to fund activities that are ineligible for state funding under subsection (d)(1) of this section.</content><note type="source"><p>Source Note: The provisions of this 100.1061 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1063"><num value="100.1063">§100.1063</num><heading>Status and Use of State Funds; Depository Contract</heading><content>(a) Status and use of state funds.(1) State funds received by a charter holder are public funds for all purposes under state law and may be used only for a purpose for which a school district may use local funds under Texas Education Code (TEC), §45.105(c). Any other use or application of such funds constitutes misuse and misapplication of public funds and is subject to the civil and criminal laws governing misuse or misapplication of Texas public funds.(2) State funds received by a charter holder are held by the charter holder in trust for the benefit of the students of the charter school. In their use of public funds, the governing body of a charter holder, and the governing body and officers of a charter school, shall be held to the standard of care and fiduciary duties that a trustee owes a beneficiary under Texas law.(3) A charter school shall accept tuition for students holding certain student visas as described in TEC, §25.0031(a).(b) Depository contract. Pending their use, state funds received by a charter holder must be deposited into a bank with which the charter holder has entered into a depository contract. Each year within the period prescribed by §100.1111 of this title (relating to Annual Report on Open-Enrollment Charter Governance) for filing articles of incorporation, the charter holder must file a copy of the depository contract with the Texas Education Agency division responsible for school financial audits; however, if there has been no change since the last filing, the charter holder may file a statement to this effect in lieu of a copy of the depository contract.(1) State funds received by a charter holder must be deposited into an account owned and controlled exclusively by the charter holder pending their use. Once properly deposited, the charter holder may immediately use the funds for any purpose described in subsection (a)(1) of this section, subject to the standard of care and fiduciary duties described in subsection (a)(2) of this section.(2) A "bank" is defined by TEC, §45.201. Although the term excludes a bank the deposits of which are not insured by the Federal Deposit Insurance Corporation (FDIC), deposits exceeding FDIC-insured amounts need not be collateralized for the institution to constitute a "bank" under this subsection.(3) Notwithstanding this subsection, if required by a contract executed prior to September 1, 2001, state funds may be deposited into an account managed by a bond trustee acting on behalf of a charter holder for the sole purpose of complying with debt service obligations of the charter holder on a bond issued under TEC, Chapter 53.</content><note type="source"><p>Source Note: The provisions of this 100.1063 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1065"><num value="100.1065">§100.1065</num><heading>Investment of State Funds</heading><content>(a) This section applies to a charter holder unless alternative requirements for investing state funds have been approved by the commissioner of education under §100.1079 of this title (relating to Optional Open-Enrollment Charter Provisions for Contracting and Purchasing), and the open-enrollment charter has been amended by the commissioner to adopt the approved procedures.(b) A charter holder shall invest state funds in accordance with Texas Government Code, §§2256.009-2256.016.(1) A requirement in those sections that applies to a school district or the board of trustees of a school district applies to a charter school, the governing body of a charter holder, or the governing body of a charter school.(2) State funds invested by a charter holder shall be maintained in a discrete charter investment account, separate and distinct from the operating accounts for the charter school and separate and distinct from any investment accounts related to non-charter activities.(3) A charter holder shall invest state funds in accordance with any applicable provision or covenant contained in a debt instrument, bond indenture, or similar agreement.(4) Nothing in this subsection shall authorize the investment of state or federal grant funds, unless investment of such funds is expressly authorized under the terms of the grant.(c) Investment of state funds shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived.(1) Investment of state funds shall be governed by the following investment objectives, in order of priority:(A) preservation and safety of principal;(B) liquidity; and(C) yield.(2) In determining whether a charter holder, or its employee or agent, has exercised prudence with respect to an investment decision respecting state funds, the determination shall be made taking into consideration:(A) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and(B) whether the investment decision was consistent with the written investment policy of the entity.</content><note type="source"><p>Source Note: The provisions of this 100.1065 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1067"><num value="100.1067">§100.1067</num><heading>Accounting for State and Federal Funds</heading><content>(a) Fiscal year. A charter holder shall adopt a fiscal year consistent with Texas Education Code (TEC), §44.0011.(b) Financial accounting. A charter holder shall comply fully with:(1) Generally Accepted Accounting Principles;(2) the Financial Accountability System Resource Guide, as adopted by reference in §109.41 of this title (relating to Financial Accountability System Resource Guide);(3) the federal standards for financial management systems, 34 Code of Federal Regulations, §80.20, Office of Management and Budget Circular A-87, and/or other applicable federal standards; and(4) the financial accountability rating system (Financial Integrity Rating System of Texas for charter schools) specified in Chapter 109, Subchapter AA, of this title (relating to Commissioner's Rules Concerning Financial Accountability).(c) Annual audit. A charter holder shall at its own expense have the financial and programmatic operations of the charter school audited annually by a certified public accountant licensed by the Texas State Board of Public Accountancy and registered as a provider of public accounting services.(1) The charter holder shall file a copy of the annual audit report, approved by a charter holder, with the Texas Education Agency (TEA) division responsible for school financial audits not later than the deadline specified by TEC, §44.008.(2) The audit must comply with Generally Accepted Auditing Standards and must include an audit of the accuracy of the fiscal information provided by the charter school through the Public Education Information Management System.(3) Financial statements in the audit must comply with Government Auditing Standards and the Office of Management and Budget Circular A-133 or its successor.(d) Attendance accounting. A charter holder shall comply with the Student Attendance Accounting Handbook, as adopted by reference in §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook); TEC, §25.002; and Chapter 129 of this title (relating to Student Attendance), except that a charter school shall report its actual student attendance data to TEA at six-week intervals or as directed by TEA.(e) Non-charter activities. A charter holder shall keep separate and distinct accounting, auditing, budgeting, reporting, and recordkeeping systems for the management and operation of the charter school.(1) Any business activities of a charter holder not directly related to the management and operation of the program described in the open-enrollment charter shall be kept in separate and distinct accounting, auditing, budgeting, reporting, and recordkeeping systems from those recording the business activities of the charter school.(2) Any commingling of charter and non-charter business in the accounting, auditing, budgeting, reporting, and recordkeeping systems of the charter school shall be a material charter violation.(f) Interested transactions. A charter holder shall comply with Local Government Code, Chapter 171, in the manner provided by the conflict of interest provisions described in §§100.1143-100.1151 of this title (relating to Conflicts of Interest and Board Member Compensation; Exception; General Conflict of Interest Provisions; Conflicts Requiring Affidavit and Abstention from Voting; Conflicts Requiring Separate Vote on Budget; and Acting as Surety and Other Conflicts; Criminal Penalties). In addition, the following shall be discretely and clearly recorded in the accounting, auditing, budgeting, reporting, and recordkeeping systems for the management and operation of the charter school:(1) financial transactions between the charter school and the non-charter activities of the charter holder;(2) financial transactions between the charter school and an officer or employee of the charter holder or the charter school;(3) financial transactions between the charter school and a member of the governing body of the charter holder or the charter school;(4) financial transactions between the charter school and a management company charged with managing the finances of a charter school; and(5) financial transactions between the charter school and any other person or entity in a position of influence over the charter holder or the charter school.(g) Position of influence. A person or entity is in a position of influence over the charter holder or the charter school, within the meaning of subsection (f)(5) of this section, if:(1) the charter holder or charter school is a subsidiary of or shares governing body members, officers, or employees with another organization and:(A) the person or entity is a shareholder, partner, administrator, official, or employee of the other organization; or(B) the person or entity by any other means participates in the business decisions of the affiliate or parent organization; or(2) a relative of the person is in a position of influence over the charter holder or the charter school under this section, within the third degree by consanguinity or affinity, as determined under Texas Government Code, §§573.021-573.025, and §100.1135 of this title (relating to Relationships By Consanguinity or By Affinity).</content><note type="source"><p>Source Note: The provisions of this 100.1067 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1069"><num value="100.1069">§100.1069</num><heading>Disclosure of Related Party Transactions</heading><content>(a) Related parties defined. A related party is such a party as defined in §100.1001 of this title (relating to Definitions) or identified as at least one of the following:(1) a founder or current or former board member, administrator, or officer who meets the criteria in the following subparagraphs. For purposes of this paragraph, a person is a former board member, administrator, or officer if the person served in that capacity within one year of the date on which a financial transaction between the charter holder and a related party occurred:(A) a board member, administrator, or officer of an open-enrollment charter school; or(B) related within the third degree of consanguinity or affinity, as determined under Texas Government Code, Chapter 573, to a board member, administrator, or officer of an open-enrollment charter school;(2) a charter holder's related organizations, joint ventures, and jointly governed organizations, including a management company or any other charter schools or network in another state operated by the same charter management company or under the same charter school network brand-identity by license, other written agreement or otherwise;(3) an open-enrollment charter school's board members, administrators, or officers or a person related to a board member, administrator, or officer within the third degree of consanguinity or affinity, as determined under Texas Government Code, Chapter 573; or(4) any other disqualified person, as that term is defined by 26 United States Code, §4958(f), including:(A) any person who was, at any time during the 5-year period ending on the date of such transaction, in a position to exercise substantial influence over the affairs of the organization, such as a voting member of the governing body, a person who has ultimate responsibility for implementing the decisions of the governing body or for supervising the management, administration, or operation of the organization, or a person who has ultimate responsibility for managing the finances of the organization;(B) a member of the family of an individual described in subparagraph (A) of this paragraph; or(C) a 35% controlled entity.(b) Related party property transactions. A charter holder shall notify the commissioner of education that it intends to enter into a property transaction with a related party as defined by subsection (a) of this section and §100.1001 of this title.(1) The charter holder shall provide such notice to the commissioner through the Texas Education Agency division responsible for charter schools no later than 10 days prior to the transaction.(2) If the amount of the transaction exceeds $5,000, upon request and by a date specified by the commissioner, the charter holder shall provide an appraisal from a certified appraiser to TEA.(c) Related party transactions in audit. All related party transactions shall be reported in the annual audit as required by §100.1067(f) of this title (related to Accounting for State and Federal Funds).</content><note type="source"><p>Source Note: The provisions of this 100.1069 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1071"><num value="100.1071">§100.1071</num><heading>Disclosure of Campaign Contributions</heading><content>(a) The governing body of a charter holder shall adopt policies implementing the disclosure requirements of State Board of Education Operating Rule, §4.3 (Disclosure of Campaign Contributions and Gifts), or its successor, and shall insure compliance by:(1) the members of the governing body of the charter holder and charter school;(2) the employees and agents of the charter holder and charter school; and(3) any management company under contract with the charter holder or charter school.(b) The governing body of a charter holder shall insure that no state funds are expended by the charter holder, the charter school, or its management company for any political advertising within the meaning of Texas Election Code, §251.001(16), as interpreted by the advisory opinions of the Texas Ethics Commission.</content><note type="source"><p>Source Note: The provisions of this 100.1071 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1073"><num value="100.1073">§100.1073</num><heading>Disclosure of Financial Information</heading><content>The governing board of an open-enrollment charter school shall continuously post on the school's internet website the following information:(1) the salary of the school's superintendent or, as applicable, the administrator serving as the educational leader and chief executive officer; and(2) the school's annual financial statement.</content><note type="source"><p>Source Note: The provisions of this 100.1073 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1075"><num value="100.1075">§100.1075</num><heading>Audit by Commissioner; Records in the Possession of a Management Company</heading><content>(a) Commissioner authority. To the extent consistent with subsection (b) of this section, the commissioner of education may audit the records of:(1) a charter school;(2) a charter holder; or(3) a management company that has provided management services to a charter school or a charter holder.(b) Scope of audit.(1) An audit under subsection (a) of this section must be limited to matters directly related to the management or operation of a charter school, including the allocation of costs shared between the charter school and any non-charter business activity. The audit may examine any financial or administrative records related to the charter school that are in the possession of a management company or a former management company, including records related to the allocation of shared costs.(2) Unless the commissioner has specific cause to conduct an additional audit, the commissioner may not conduct more than one on-site audit under this section during any fiscal year, including any financial and administrative records. For purposes of this subsection, an audit of a charter holder or management company associated with a charter school is not considered an audit of the school.(c) Charter holder cooperation. A charter holder and its employees and agents shall fully cooperate with an audit under subsection (a) of this section and shall take all actions necessary to secure the cooperation of a management company. Failure to comply timely with a request for access to records or other cooperation from the charter holder constitutes a material charter violation.(d) Management company cooperation. A management company and its employees and agents shall fully cooperate with an audit under subsection (a) of this section. Failure to timely comply with a request for access to records or other cooperation from the management company constitutes a management company breach, which may result in the commissioner taking action to prohibit, deny renewal of, suspend, or revoke the management contract as provided in Texas Education Code, §12.126.</content><note type="source"><p>Source Note: The provisions of this 100.1075 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1077"><num value="100.1077">§100.1077</num><heading>Final Audit Upon Revocation, Surrender, or Closure of an Open-Enrollment Charter</heading><content>(a) Upon closure of a charter, the charter holder governing board must at their expense conduct a final audit.(b) The commissioner of education will assign a conservator to oversee the winding down of charter operations, protection of school assets, and recovery of any overallocation of state funds.(c) Revocation, surrender, or closure of a charter does not terminate the authority of the commissioner over the charter holder to ensure compliance of this section or applicable laws.</content><note type="source"><p>Source Note: The provisions of this 100.1077 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1079"><num value="100.1079">§100.1079</num><heading>Optional Open-Enrollment Charter Provisions for Contracting and Purchasing</heading><content>Improvements to real property. Section 100.1101 of this title (relating to Improvements to Real Property) applies to a charter holder unless the charter holder amends its open-enrollment charter to include a statement expressly adopting the provisions of Texas Education Code (TEC), Chapter 44, Subchapter B, as the charter holder's process for awarding a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property. If such a statement is included in the open-enrollment charter, then the provisions of TEC, Chapter 44, Subchapter B, control in lieu of §100.1101 of this title. Nothing in this section shall require a charter holder to comply with TEC, Chapter 44, Subchapter B, except when awarding a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property.</content><note type="source"><p>Source Note: The provisions of this 100.1079 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1091"><num value="100.1091">§100.1091</num><heading>Use of Public Property by a Charter Holder</heading><content>(a) Public property. An interest in real estate or personal property acquired, improved, or maintained using state funds that were received by the charter holder on or after September 1, 2001, is public property for all purposes under state law. The date on which the property was acquired, improved, or maintained is not determinative. An interest in real estate acquired, improved, or maintained using state funds that were received by the charter holder before September 1, 2001, is public property only to the extent specified by §100.1093 of this title (relating to Property Acquired with State Funds Received Before September 1, 2001--Special Rules). Where the property is acquired with federal funds, federal law may preempt this section in whole or part.(b) Fiduciary duty respecting public property. Public property is held by the charter holder in trust for the benefit of the students of the charter school. With respect to the public property they manage, the members of the governing body of a charter holder, and the members of the governing body and officers of a charter school, are trustees under Texas law; and the students enrolled in the school are beneficiaries of a trust. Each trustee shall be held to the standard of care and fiduciary duties that a trustee owes the beneficiary of a trust under Texas law.(c) Use of public property. Public property may be used only for a purpose for which a school district may use school district property and only to implement a program that is described in the open-enrollment charter and is consistent with Texas Education Code (TEC), §12.107.(1) Any use or application of public property for a purpose other than implementing a program that is described in the open-enrollment charter and is consistent with TEC, §12.107, constitutes misuse and misapplication of such property, and is subject to Texas law governing misuse or misapplication of public property.(2) The governing body of a charter holder shall adopt and enforce local policies governing the use and application of public property by its employees, agents, contractors, and management companies. The policies shall prohibit the use or application of public property for any purpose, but a program described in the open-enrollment charter, except that the policies may authorize charter holder employees to use local telephone service, cellular phones, electronic mail, Internet connections, and similar public property for incidental personal use, if the policies:(A) do not result in any direct cost paid with state funds, or the charter holder is reimbursed for any direct cost incurred;(B) do not impede charter school functions;(C) do not authorize incidental personal use of public property for private commercial purposes; and(D) authorize only incidental amounts of employee time--time periods comparable to reasonable coffee breaks during the day--for personal matters.(3) The governing body of a charter holder shall by separate vote approve any joint use of real property for charter and non-charter activities. In the minutes of the vote approving the joint use, the governing body of a charter holder shall set forth the methodology used to allocate shared costs and the percentage allocation basis between charter and non-charter activities.(4) The members of the governing body of a charter holder, and the members of the governing body and officers of a charter school, shall authorize all uses and applications of the public property under their control, and shall not authorize any use or application that is inconsistent with the policy required by paragraph (2) of this subsection.(5) If, pursuant to TEC, §12.111(9), the daily management of public property is delegated to any person, including a management company, the members of the governing body of the charter holder, and the members of the governing body and officers of the charter school, shall remain fully responsible to authorize all uses and applications of public property and enforce the policy required by paragraph (2) of this subsection.(6) Nothing in this section prevents a charter holder from authorizing the use of its public property by a contractor for the purpose of providing goods or services under the contract, if such use is an express contract term, factored into the price of the contract, and the contract is duly authorized by the governing body of the charter holder under this section.(d) Ownership of public property. Public property is owned by the charter holder, regardless of the funds used to acquire it. Subject to the requirements of §100.1095 of this title (relating to Possession and Control of the Public Property of a Former Charter Holder) and this section, a charter holder retains all title to the property, exercises complete control over the property, and is entitled to all use and benefit from the property.(e) Public property mixed with private property. Property acquired, improved, or maintained partly using state funds and partly using other funds is mixed public and private property, and is subject to all requirements of this section.(f) Accounting for public property. Each charter holder shall include in its annual audit report an exhibit identifying the fixed assets of the charter holder and the ownership interest of all parties for all real estate and capitalized personal property presently held by the charter holder or acquired, improved, or maintained by the charter holder during the term of the open-enrollment charter.(1) Pursuant to the requirements in §109.41 of this title (relating to Financial Accountability System Resource Guide), the annual audit report must separately disclose the cost basis and accumulated depreciation of all public property as determined by this division, and all other property held, acquired, improved, or maintained by the charter holder.(2) Alternatively, the charter holder may omit the exhibit required by paragraph (1) of this subsection and substitute a statement, in accordance with the requirements in §109.41 of this title, that all property acquired, improved, or maintained during the term of the open-enrollment charter, and all property presently held by the charter holder, is public property under this division.(3) All property held, acquired, improved, or maintained by the charter holder is subject to this subsection regardless of whether it is public or private property.</content><note type="source"><p>Source Note: The provisions of this §100.1091 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1093"><num value="100.1093">§100.1093</num><heading>Property Acquired with State Funds Received Before September 1, 2001--Special Rules</heading><content>(a) Non-public property.(1) An interest in personal property acquired, improved, and maintained solely using state funds that were received by the charter holder before September 1, 2001, is non-public property. If any part of the state funds used were received on or after September 1, 2001, then subsection (b) of this section applies to that property.(2) An interest in real estate acquired, improved, and maintained using less than 50% state funds is non-public property if all state funds used were received before September 1, 2001. If any part of the state funds used were received on or after September 1, 2001, then subsection (b) of this section applies to that property.(3) Non-public property under this section is exempt from §100.1091 and §100.1095 of this title (relating to Use of Public Property by a Charter Holder and Possession and Control of the Public Property of a Former Charter Holder). However, non-public property under this section must be included in the exhibit required by §100.1091(f) of this title.(b) Public property.(1) An interest in real estate acquired, improved, or maintained using 50% or more state funds is public property, even if all the state funds used were received by the charter holder before September 1, 2001.(2) An interest in real estate acquired, improved, or maintained partly using state funds received on or after September 1, 2001, and partly using state funds received before September 1, 2001, is public property.(3) An interest in personal property acquired, improved, or maintained partly using state funds received on or after September 1, 2001, and partly using state funds received before September 1, 2001, is public property.(4) Public property under this section is subject to §100.1091 of this title.(5) Public property under this section is subject to §100.1095 of this title only to the extent it was acquired, improved, or maintained using state funds received on or after September 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §100.1093 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1095"><num value="100.1095">§100.1095</num><heading>Possession and Control of the Public Property of a Former Charter Holder</heading><content>(a) Disposition of audited property. The commissioner of education shall take possession, assume control, and supervise the disposition of the public property disclosed by the annual audit report as filed with the Texas Education Agency (TEA) or as revised pursuant to subsection (b) of this section. At any time, the commissioner may appoint a board of managers to transfer the property or may direct the governing board of the charter holder to transfer the property. The commissioner may transfer or direct the transfer of property to any public school if the commissioner determines that the transfer is in the best interest of students. For purposes of this section, references to a charter holder refers to both an organization that currently holds a charter contract and an organization that formerly held a charter contract.(b) Disposition of property--defective audit. If the annual audit reports filed by a former charter holder are not in substantial compliance with §100.1091(f) of this title (relating to Use of Public Property by a Charter Holder), the commissioner shall use such legal process as may be available under Texas law to take possession and assume control of all property of the former charter holder and, using such legal process, supervise the disposition of such property in accordance with law. The commissioner may transfer or direct the transfer of property to any public school if the commissioner determines that the transfer is in the best interest of students.(1) At any time, the commissioner may determine whether the exhibits to the annual audit reports filed by a former charter holder substantially comply with §100.1091(f) of this title.(2) At the commissioner's sole discretion, the commissioner may cure any defects in the annual audit reports by reviewing the audit reports and reclassifying the transactions and restating the financial statements or by securing, at the former charter holder's expense, such professional services as may be required to create and/or audit the necessary exhibits to the annual audit reports.(3) The commissioner may, at the commissioner's sole discretion, take possession, assume control, and supervise the disposition of the public property disclosed by those exhibits as provided by subsection (c) of this section.(c) Method of disposition of property. The commissioner may take possession, assume control, and supervise the disposition of property by taking one or more of the following actions.(1) For real property purchased with funds received under the Texas Education Code (TEC), §12.106, the commissioner shall direct the charter holder to dispose of the property through one of the following methods.(A) The charter holder may retain or sell the property and provide reimbursement to the state. The following provisions apply to a charter holder that retains or sells the property.(i) The charter holder must notify the commissioner more than 30 calendar days prior to the last day of instruction that the charter holder intends to reimburse the state for its interest in the property and specify whether the charter holder intends to retain or sell the real property.(ii) The charter holder must provide the commissioner a written assurance that the charter holder will comply with the requirements of TEC, §12.1284.(iii) The charter holder must obtain the written consent of the commissioner.(iv) The charter holder must file an affidavit in the real property records of the county in which the real property is located disclosing the state interest in the property at least 30 calendar days prior to the last day of instruction.(v) Not later than 30 calendar days after the charter school's last day of operation, the charter holder must deposit with the Texas Comptroller of Public Accounts an amount equal to 110% of the estimated state reimbursement for the property as directed by the commissioner, which TEA will calculate by taking the fair-market value of the property as determined by an appraisal approved by the commissioner, subtracting the principal amount of any debt described by TEC, §12.128(e), and multiplying that result by a fraction for which the numerator is the funds received under TEC, §12.106, used to purchase the property and the denominator is the funds received under TEC, §12.106, plus any non-state funds used to purchase the property. If an appraisal cannot be obtained in 30 calendar days, the charter holder may request that the commissioner grant an extension.(vi) The charter holder must prepare and submit a final audit under TEC, §44.008. This audit must be filed by the deadline specified in TEC, §44.008, and must disclose:(I) the total amount of funds received under TEC, §12.106, that were used to purchase each separate item of real property to be retained or sold by the charter holder;(II) the total amount of federal funds that were used to purchase each separate item of real property to be retained or sold by the former charter holder; and(III) the total amount of state, federal, or any other private funds that were used to purchase the property to be retained or sold by the former charter holder.(vii) The charter holder shall timely make all required payments relating to the property, including note payments; shall maintain the premises; and shall maintain full insurance coverage as determined by the commissioner until the state has received its full reimbursement and released its claim to the property.(viii) The following provisions apply if the charter holder elects to retain the property.(I) After the final annual audit report is filed, TEA will calculate the final state reimbursement amount, which is calculated by taking the fair-market value of the property as determined by the commissioner less the final principal amount of any debt described by TEC, §12.128(e), that was incurred prior to the charter school's cessation of operations and multiplying that amount by a fraction for which the numerator is the funds received under TEC, §12.106, used to purchase the property and the denominator is the funds received under TEC, §12.106, plus any non-state funds used to purchase the property.(II) If the final state reimbursement amount is greater than the deposit made with the comptroller under this section, the former charter holder must make the additional deposit to the comptroller within 30 calendar days of TEA's determination of the final state reimbursement amount or as otherwise ordered by the commissioner.(III) Once the charter holder has filed its final audit report under TEC, §44.008, and sufficient funds are on deposit with the comptroller to pay the final reimbursement amount, the commissioner may request the comptroller to distribute the deposit as directed by TEA and release any state claim on the property. Any remaining funds on deposit with the comptroller may be returned to the former charter holder once the state has received the full final reimbursement amount.(IV) If the charter holder fails to complete its final financial audit under TEC, §44.008, or fails to make an additional payment to the comptroller as required, the charter holder shall forfeit the amount deposited with the comptroller and shall dispose of the property as ordered by the commissioner. The commissioner may extend this deadline upon request of the charter holder.(ix) The following provisions apply if the charter holder sells the property.(I) The property must be sold for at least fair-market value, as determined under this section.(II) The property must be sold and fully closed no later than one year after the last day of instruction.(III) If the property is sold prior to the completion of the final audit report under TEC, §44.008, for an amount greater than the fair-market value used to determine the estimated state reimbursement amount, the charter holder shall deposit with the comptroller an amount equal to the difference between the estimated fair-market value and the sales price multiplied by the percentage of state funds used to purchase the property based on the most recent audit pursuant to TEC, §44.008. (IV) After the property has been sold and the final audit report, pursuant to TEC, §44.008, has been filed, TEA shall calculate the final state reimbursement amount.(V) The final state reimbursement amount is calculated by taking the final gross sales price of the property less the remaining principal amount of any debt described by TEC, §12.128(e), that was incurred prior to the charter school's cessation of operations and multiplying that amount by a fraction for which the numerator is the funds received under TEC, §12.106, used to purchase the property and the denominator is the funds received under TEC, §12.106, plus any non-state funds used to purchase the property.(VI) If the final state reimbursement amount is greater than the total deposit made with the comptroller, the former charter holder must make the additional deposit to the comptroller within 30 calendar days or as otherwise ordered by the commissioner.(VII) Once the former charter holder has filed its final audit report under TEC, §44.008, and sold the property, and once sufficient funds are on deposit with the state comptroller's office to pay the final reimbursement amount, the commissioner may request the comptroller to distribute the deposit and release any state claim on the property. Any funds on deposit with the comptroller may be returned to the former charter holder once the state has received the full final reimbursement amount.(VIII) The release of claims may be made in a closing where an independent third party is responsible for distributing the funds necessary to supplement the escrow account with the comptroller's office. If the property is sold before the final audit has been submitted to TEA, TEA may elect to release its claim on the property based on the most recent audit report.(IX) If the charter holder fails to complete its final financial audit under TEC, §44.008, fails to sell the property within one year after the last day of instruction, or fails to make an additional payment to the comptroller as required, the charter holder shall forfeit the amount deposited with the state comptroller and shall dispose of the property as ordered by the commissioner.(x) For purposes of determining the fair-market value of the real property, the charter holder shall provide an appraisal from a certified appraiser approved by the commissioner not less than 60 calendar days after the final order of revocation, non-renewal, surrender, or return of the charter, or as otherwise directed by the commissioner. If the charter holder cannot provide an appraisal within 60 calendar days, the charter holder may request that the commissioner grant an extension.(xi) The commissioner may direct the charter holder to contract with a specified, certified appraiser or require the charter holder to obtain additional appraisals and may then choose which appraisal will be used to calculate fair-market value.(xii) Subject to the satisfaction of any security interest or lien described by TEC, §12.128(e), if the commissioner determines a former charter holder failed to comply with this section or TEC, §12.1282, on request of TEA, the attorney general shall take any appropriate legal action to compel the former charter holder to convey title to TEA or other governmental entity authorized by TEA to maintain or dispose of the property.(xiii) All payments made by the charter holder to retain real property must be made with non-state funds. Lease payments received for state property are state property.(xiv) A decision by the commissioner under this section is final and may not be appealed.(B) The charter holder may transfer the property using one of the following methods.(i) Transfer to TEA.(I) Subject to the satisfaction of any security interest or lien, the former charter holder shall transfer the property, including a conveyance of title, to TEA no later than two weeks after the last day of instruction.(II) The following provisions apply to the sale of public real property by TEA.(-a-) After TEA receives title to real property described by TEC, §12.128, TEA may sell the property at any price acceptable to TEA.(-b-) On request of TEA, the General Land Office shall enter into a memorandum of understanding to sell real property for TEA as required by TEC, §12.1283. The memorandum of understanding may allow the General Land Office to recover from the sale proceeds any cost incurred by the office or commission in the sale of the property. (-c-) Subject to the satisfaction of any security interest or lien described by TEC, §12.128(e), proceeds from the sale of property under this section shall be deposited in the charter school liquidation fund.(ii) Transfer to a school district or open-enrollment charter school under TEC, §12.1282.(I) The following order of priority shall be used when transferring to a school district or open-enrollment charter school under this clause. No property may be transferred to a school district or charter school if it has a financial accountability rating of lower than satisfactory.(-a-) A charter school with the highest or second-highest academic accountability rating with no campus rated at the lowest or second-lowest accountability rating.(-b-) A school district that has the highest or second-highest academic accountability rating with no campus rated at the lowest or second-lowest accountability rating.(-c-) A charter school with the third-highest academic accountability rating with no campus rated at the lowest or second-lowest accountability rating.(-d-) A school district with the third-highest academic accountability rating with no campus rated at the lowest or second-lowest accountability rating.(II) A school district or an open-enrollment charter school may receive property under this clause only if:(-a-) the open-enrollment charter school or school district receiving the property:(-1-) has not received notice of the expiration or revocation of the contract for charter, notice of reconstitution of its governing body, or the assignment of an accreditation rating of Not Accredited-Revoked;(-2-) agrees to the transfer;(-3-) agrees to identify the property as purchased wholly using state funds on the school's annual financial report filed under TEC, §44.008; and(-4-) agrees that if the property is sold within three years, the charter holder or school district will remit the sales proceeds back to TEA to be deposited in the charter school liquidation fund;(-b-) any creditor with a security interest in or lien on the property described by TEC, §12.128(e), agrees to the transfer; and(-c-) the transfer of the property does not make the open-enrollment charter school or school district receiving the property insolvent.(III) Property received by an open-enrollment charter school or school district under this clause is considered state property. TEA may require a set amount of remuneration in exchange for the property, may accept bids, or may accept bids with a minimum bid amount established. If TEA takes bids, TEA shall transfer the property to the highest qualified bidder from the highest priority category established in subclause (I) of this clause, except as provided by subsection (g) of this section.(2) For personal property purchased with state funds, the commissioner shall direct the charter holder to dispose of the property through one of the following methods.(A) If TEA determines that the cost of disposing of personal property described by TEC, §12.128, transferred to TEA by an open-enrollment charter school that ceases to operate exceeds the return of value from the sale of the property, TEA may distribute the personal property to open-enrollment charter schools and school districts in a manner determined by the commissioner.(B) On request of TEA, the Texas Facilities Commission shall enter into a memorandum of understanding to sell personal property for TEA as required by TEC, §12.1283.(i) A memorandum of understanding entered into as provided by this subparagraph may allow the Texas Facilities Commission to recover from the sale proceeds any cost incurred by the office or commission in the sale of the property.(ii) Subject to the satisfaction of any security interest or lien described by TEC, §12.128(e), proceeds from the sale of personal property under this section shall be deposited in the charter school liquidation fund.(3) For property leased with state funds, the commissioner may direct the charter holder to assign the charter holder's interest in the lease to TEA or may direct the charter holder to cancel the lease.(d) Maintenance of property. TEA may approve an expenditure of remaining funds by a former charter holder for insurance or utilities for or maintenance, repairs, or improvements to property described by this section, and TEA may lease the property in its possession if TEA determines that the action is reasonably necessary to dispose of the property or preserve the property's value.(e) Funds and assets following termination of operations. After extinguishing all payable obligations owed by the charter school that ceases to operate, and after disposing of all real and personal property owned by the charter school that ceases to operate, the former charter holder shall:(1) remit to TEA any remaining funds as described by TEC, §12.106(h), and any state reimbursement amounts as described by TEC, §12.128, to be deposited in the charter school liquidation fund;(2) transfer all or a portion of the remaining funds to another charter school that has all or part of the operations of the former charter school assigned to it under TEC, §12.116(d)(2), if ordered by the commissioner, only if the charter school:(A) has not received notice of possible adverse action or sanction by the commissioner;(B) has an academic accountability rating at the district level of A or B and no campus with a rating of D or F;(C) has a rating under the Financial Integrity Rating System of Texas for charter schools of Meets Standard Achievement or above;(D) has an accreditation rating of Accredited;(E) does not have any warrant holds by which state payments issued to payees indebted to the state, or payees with a tax delinquency, are held by the comptroller until the debt is satisfied in accordance with Texas Government Code, §403.055; and(F) agrees to classify the property as state property; or(3) take any combination of the actions described by paragraphs (1) and (2) of this subsection.(f) Use of legal process. Notwithstanding subsection (c) of this section, the commissioner may use such legal process as may be available under Texas law to take possession and assume control over the public property disclosed by the annual audit reports and, using such legal process, supervise the disposition of such property in accordance with law.(g) Commissioner authority. The commissioner has discretion to direct disposition of the property in the best interest of Texas students.</content><note type="source"><p>Source Note: The provisions of this §100.1095 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1097"><num value="100.1097">§100.1097</num><heading>Rights and Duties Not Affected</heading><content>Nothing in this subchapter, and nothing in Texas Education Code, §12.128:(1) affects a security interest in or lien on property established by a creditor in compliance with law if the security interest or lien arose in connection with the sale or lease of the property to the charter holder;(2) obligates the state of Texas or any agency of the state of Texas to fulfill any lease agreement or any other contractual or legal obligation entered into by a charter holder on behalf of an open-enrollment charter school; or(3) affects the right or the duty of the attorney general to bring suit under the Texas Miscellaneous Corporations Act, the Texas Deceptive Trade Practices Act, or other law respecting Texas non-profit corporations.</content><note type="source"><p>Source Note: The provisions of this §100.1097 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1099"><num value="100.1099">§100.1099</num><heading>Real Property Held in Trust</heading><content>(a) This section applies to a charter holder unless alternative procedures for purchasing and selling real property held in trust have been approved by the commissioner of education under §100.1079 of this title (relating to Optional Open-Enrollment Charter Provisions for Contracting and Purchasing), and the open-enrollment charter has been amended by the commissioner to adopt the approved procedures.(b) A requirement in Texas Government Code, Chapter 2252, Subchapter D, which applies to a school district or the board of trustees of a school district applies to a charter school, the governing body of a charter holder, or the governing body of a charter school.(1) A charter holder may not purchase real property held in trust until the trustee submits to the governing body of the charter holder a copy of the trust agreement identifying the true owner of the property. The trustee shall identify the true owner of the property to the charter holder.(2) A charter holder may not sell real property to a trustee until the charter holder receives from the trustee a copy of the trust agreement identifying the person who will be the true owner of the property. The trustee shall identify the person who will be the true owner of the property to the charter holder.(3) A conveyance of property subject to this section is void if a charter holder fails to comply with this section.(4) A trust agreement submitted to the governing body of the charter holder is confidential information excepted from the requirements of Texas Government Code, §552.021, but must be disclosed to the Texas Education Agency under §100.1043 (relating to Agency Audits, Monitoring, and Investigations).</content><note type="source"><p>Source Note: The provisions of this §100.1099 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1101"><num value="100.1101">§100.1101</num><heading>Improvements to Real Property</heading><content>(a) This section applies to a charter holder unless alternative procedures for awarding a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property have been approved by the commissioner of education under §100.1079 of this title (relating to Optional Open-Enrollment Charter Provisions for Contracting and Purchasing) and the open-enrollment charter has been amended by the commissioner of education to adopt the approved procedures.(b) A charter holder shall comply with Local Government Code, Chapter 271, Subchapter B, in awarding any contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property if the contract requires the expenditure of public funds in the amount specified by Local Government Code, §271.024. A requirement in that subchapter applies to a school district or the board of trustees of a school district applies to a charter school, the governing body of a charter holder, or the governing body of a charter school.(c) Local Government Code, Chapter 271, Subchapter B, does not apply to a contract executed prior to September 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §100.1101 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1111"><num value="100.1111">§100.1111</num><heading>Annual Report on Open-Enrollment Charter Governance</heading><content>(a) Using a format and timeline as approved by the commissioner of education, each open-enrollment charter holder shall file under §100.1003 of this title (relating to Filing of Documents), the following information on an annual basis:(1) identifying information for and compensation of each officer and member of the governing body of the open-enrollment charter holder;(2) identifying information for and compensation of each officer of the charter school;(3) identifying information for and compensation of each member of the governing body of the charter school, if the charter holder has established a governing body for the charter school;(4) identifying information for and compensation of all family members, within the third degree of consanguinity or third degree of affinity of each board member, chief executive officer/superintendent, and chief financial officer for purposes of conflict of interest; and(5) identifying information for and compensation of all family members, within the third degree of consanguinity or second degree of affinity of each board member and chief executive officer/superintendent for purposes of nepotism.(b) The identifying information required for each member of the governing body of the open-enrollment charter holder, each member of the governing body of the charter school, and each chief executive officer/superintendent shall include:(1) the title of each position held, or function performed, by the individual;(2) the specific powers and duties that the governing body of the charter holder or charter school have delegated to the individual, as described by the powers and duties listed in the charter;(3) the legal name of the individual;(4) any aliases or names formerly used by the individual, including maiden name;(5) a mailing address unique for the individual;(6) a telephone number and electronic mail address unique for the individual;(7) the county and state in which the individual is registered to vote, if a governing body member of the charter holder or charter school; and(8) assurance that criminal records history check has been made and reported to the Texas Education Agency pursuant to §100.1153 of this title (relating to Criminal History; Restrictions on Serving).(c) The compensation information required for an individual under subsection (a) of this section shall include all compensation, remuneration, and benefits received by the individual in any capacity from the charter holder or the charter school, or from any contractor or management company doing business with the charter holder or charter school. The compensation reported shall include without limitation:(1) all salary, bonuses, benefits, or other compensation received pursuant to an employment relationship;(2) all compensation received for goods or services under contract, agreement, informal arrangement, or otherwise;(3) all payment of or reimbursement for personal expenses;(4) all credit extended to the individual by the charter holder or charter school;(5) the fair market value of all personal use of property paid for by the charter holder or charter school;(6) the fair market value of all in-kind transfers of property;(7) all compensation for goods or services provided to the charter holder through transactions unrelated to the charter school;(8) all other forms of compensation or remuneration received by the individual from the charter holder or charter school;(9) all forms of compensation received from a business in which a person under subsection (a) of this section has a significant interest in, pursuant to Texas Government Code, Chapter 171; and(10) any payment or form of compensation to an individual under subsection (a) of this section by any and all family members, within the third degree of consanguinity or third degree of affinity.</content><note type="source"><p>Source Note: The provisions of this §100.1111 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1113"><num value="100.1113">§100.1113</num><heading>Delegation of Powers and Duties</heading><content>(a) Primary responsibility. The governing body of a charter holder has the primary responsibility for implementing the public school program authorized by the open-enrollment charter and ensuring the performance of the students enrolled in its charter schools in accordance with the Texas Education Code (TEC).(1) Governing board non-delegable duties. The following powers and duties must generally be exercised by the governing body of the charter holder itself, acting as a body corporate in meetings posted in compliance with Texas Government Code, Chapter 551. Absent a specific written exception of this paragraph, setting forth good cause why a specific function listed in subparagraphs (A)-(F) of this paragraph cannot reasonably be carried out by the charter holder governing body, the commissioner of education may not grant an amendment delegating such functions to any person or entity through a contract for management services or otherwise. An amendment that is not authorized by such a specific written exception is not effective for any purpose. Absent such exception, the governing body of the charter holder shall not delegate:(A) final authority to hear or decide employee grievances, citizen complaints, or parental concerns;(B) final authority to adopt or amend the budget of the charter holder or the charter school or to authorize the expenditure or obligation of state funds or the use of public property;(C) final authority to direct the disposition or safekeeping of public records, except that the governing body may delegate this function to any person, subject to the governing body's superior right of immediate access to, control over, and possession of such records;(D) final authority to adopt policies governing charter school operations;(E) final authority to approve audit reports under TEC, §44.008(d); or(F) final authority to select, employ, direct, evaluate, renew, non-renew, terminate, or set compensation for the superintendent or, as applicable, the administrator serving as the educational leader and chief executive officer.(2) Superintendent non-delegable duties. The following powers and duties must be exercised by the superintendent or, as applicable, the administrator serving as the educational leader and chief executive officer of the charter school. Absent a specific written exception of this paragraph, setting forth good cause why a specific function listed in subparagraphs (A)-(C) of this paragraph cannot reasonably be carried out by the superintendent or, as applicable, the administrator serving as the educational leader and chief executive officer of the charter school, the commissioner may not grant an amendment permitting the superintendent/chief executive officer to delegate such function through a contract for management services or otherwise. An amendment that is not authorized by such a specific written exception is not effective for any purpose. Absent such exception, the superintendent/chief executive officer of the charter school shall not delegate final authority:(A) to organize the charter school's central administration;(B) to approve reports or data submissions required by law; or(C) to select and terminate charter school employees or officers.(b) Alienation of open-enrollment charter. An open-enrollment charter grants to the governing body of a charter holder the authority to operate a charter school.(1) The governing body of the charter holder shall, acting as a body corporate in meetings posted in compliance with Texas Government Code, Chapter 551, oversee the management of the charter school.(2) Except as provided by this section, the governing body's powers and duties to operate the charter school shall not be delegated, transferred, assigned, encumbered, pledged, subcontracted, or in any way alienated by the governing body of the charter holder. Any attempt to do so shall be null and void and of no force or effect and shall constitute abandonment of the contract for charter.(3) A charter holder shall notify the Texas Education Agency (TEA) in writing prior to initiating any type of bankruptcy proceeding respecting the charter holder. Filing for any form of bankruptcy relief prior to such notice shall constitute abandonment of the contract for charter.(c) Exclusive method for delegating charter powers and duties. An open-enrollment charter must specify the powers or duties of the governing body of the charter holder that the governing body may delegate to an officer, employee, contractor, management company, creditor, or any other person. The exclusive method for making such a delegation shall be to file a request for a delegation amendment with the TEA division responsible for charter schools under §100.1035 of this title (relating to Charter Amendment), specifying the power or duty delegated and the particular person or entity to which it is delegated. The commissioner may approve a delegation amendment only if the conditions in the following paragraphs are met. The commissioner may grant the amendment without condition or may require compliance with such conditions and/or requirements as may be in the best interest of students:(1) the charter holder meets all requirements applicable to delegation amendments and amendments generally;(2) the amendment complies with all requirements of this division; and(3) the commissioner determines that the amendment is in the best interest of students.(d) Accountability for delegated powers and duties retained. The governing body of a charter holder remains responsible for the management, operation, and accountability of the charter school operated by the charter holder, regardless of whether the governing body delegates any of its powers or duties.(e) Standards for delegated persons or entities. The person or entity to which any power or duty is delegated shall be held to the same standards as the governing body with respect to use of property, funds or resources, and including as fiduciaries to the students enrolled in the charter school and must act in the best interest of the students, and may be held liable under TEC, §12.122, for breach of fiduciary duty, including misapplication of public funds. Upon review, the commissioner may rescind any delegation amendment for any reason in the commissioner's sole discretion.</content><note type="source"><p>Source Note: The provisions of this §100.1113 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1115"><num value="100.1115">§100.1115</num><heading>Training Requirements for Governing Board Members and Officers</heading><content>(a) Training required. All governing board members or officers of a charter school must complete all applicable training requirements under §§100.1117, 100.1119, and 100.1121 of this title (relating to Core Training for New Governing Board Members and Officers; Additional Training for New Governing Board Members and Officers; and Continuing Training for Governing Board Members and Officers), unless otherwise exempted by subsection (e) of this section.(b) Instructional hours. All training requirements in this division are expressed as instructional hours, meaning they exclude time spent for breaks, administrative tasks, and other non-instructional tasks.(c) Training providers. All training must be delivered by a training provider registered under §100.1125 of this title (relating to Training Providers).(d) Training delivery. Unless otherwise specified by curriculum outlines disseminated by the commissioner of education under §100.1117 or §100.1119 of this title, training may be provided through online instruction by an authorized training provider, provided that the training offers an opportunity for interaction with the instructor in real time or incorporates interactive activities that assess learning and provide feedback to the learner.(e) Exemptions.(1) A member of the governing body of a charter holder who serves on the governing body of a governmental entity or an institution of higher education as defined under Texas Education Code, §61.003, is exempt from the training required by this section if, by virtue of such service, the member is subject to other mandatory training and the members of the governing body of the charter school operated by the charter holder comply with this section.(2) A central administrative officer is exempt from the training required by this section if the person is the holder in good standing of a standard superintendent certificate, or its lifetime equivalent, issued by the State Board for Educator Certification and all other officers of the charter school comply with this division.(3) A campus administrative officer is exempt from the training required by this section if the person is the holder in good standing of a standard principal certificate, or its lifetime equivalent, issued by the State Board for Educator Certification, and all other officers of the charter school comply with this division.(4) A business manager is exempt from:(A) the training required by this section if the person is the holder in good standing of one or more of the following credentials issued by the Texas Association of School Business Officials, and if all other officers of the charter school comply with this division:(i) Registered Texas School Business Administrator;(ii) Certified Texas School Business Official;(iii) Certified Texas School Business Specialist;(iv) Certified Texas School Business Administrator; or(v) Charter School Business Officer Certification; and(B) any single part of required training, if:(i) the business manager is a certified public accountant (CPA) registered in good standing with the Texas State Board of Public Accountancy; and(ii) the subject matter of the module of required training is covered by the Uniform CPA Examination administered by the Texas State Board of Public Accountancy.</content><note type="source"><p>Source Note: The provisions of this §100.1115 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1117"><num value="100.1117">§100.1117</num><heading>Core Training for New Governing Board Members and Officers</heading><content>(a) Training required. A new governing board member or officer, defined as any board member or officer who has not served in their position or similar position requiring the core program training with a Texas charter school in the last three years, must complete core training that consists of 10 instructional hours outlined in this section.(b) Timeline for completing training. The core training must be completed within one calendar year of appointment or election to such governing body or employment by the charter, as applicable, unless otherwise indicated in subsection (d) of this section or as required by Texas law.(c) Required curriculum outline. The commissioner of education shall approve and disseminate a curriculum outline that specifies all core training content, time, and delivery requirements. Training that does not conform to the core curriculum outline does not satisfy the requirements of this section.(d) Core training content. The core training shall cover, at minimum, the following topics:(1) Charter Law, including:(A) history and purpose of charter schools;(B) charter holder contractual obligations to the Texas Education Agency (TEA);(C) charter holder bylaws, charter board governance policy, and charter district policies and procedures;(D) charter School Performance Framework;(E) charter contract renewal with TEA;(F) charter amendments;(G) contract revocation;(H) student enrollment and lotteries;(I) roles and responsibilities by officer type;(J) ensuring services to special populations;(K) student code of conduct, student discipline, and parental rights; and(L) other laws and rules that apply to charter holders;(2) Accountability to the Public, including:(A) Texas Open Meetings Act, open meetings requirements under Texas Government Code, Chapter 551, with special emphasis on posting the agenda, executive sessions, accessibility of the meeting location to the public, employee board members, and civil and criminal sanctions, which must be completed by new governing board members within the first 90 days after joining the board;(B) Texas Public Information Act requirements under Texas Government Code, Chapter 552, which must be completed by new governing board members within the first 90 days after joining the board;(C) nepotism and conflicts of interest;(D) audits, investigations, and sanctions, with an emphasis on mandatory revocation for three consecutive unacceptable performance ratings required by Texas Education Code (TEC), §12.115(c), and mandatory expiration for three out of five unacceptable performance ratings required by TEC, §12.1141(d);(E) student records and privacy; and(F) other accountability or transparency requirements that apply to charter holders;(3) Evaluating and Improving Student Outcomes, including:(A) Texas Essential Knowledge and Skills;(B) State of Texas Assessments of Academic Readiness;(C) Texas A-F Accountability System;(D) setting school board required specific, quantifiable student outcome goals for all students and disaggregated student groups;(E) adopting plans to improve early literacy and numeracy and college, career, and military readiness;(F) Results Driven Accountability;(G) progress monitoring practices to improve student outcomes; and(H) other best practices for improving student outcomes;(4) Accountability for Public Funds, including:(A) school finance in Texas, with an emphasis on charter finance;(B) Financial Integrity Rating System of Texas;(C) Annual Financial and Compliance Report;(D) Financial Accountability System Resource Guide;(E) financial controls and monitoring financial health;(F) annual budgets; and(G) other items related to school finance, risk management, related party transactions, or financial oversight; and(5) School Safety, including:(A) school safety plans and audits;(B) school emergency and safety drills;(C) behavioral threat assessment;(D) school safety and security committee;(E) school security guard;(F) traumatic injury response;(G) identifying child abuse and human trafficking;(H) school safety facility standards; and(I) other items related to school safety or student health.</content><note type="source"><p>Source Note: The provisions of this §100.1117 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1119"><num value="100.1119">§100.1119</num><heading>Additional Training for New Governing Board Members and Officers</heading><content>(a) Training required. A new governing board member or officer who has completed the core training under §100.1117 of this title (relating to Core Training for New Governing Board Members and Officers) next must complete additional training as outlined in this section.(b) Timeline for completing training. The additional training requirements must be completed after the core training is completed and within one calendar year of appointment or election to such governing body or employment by the charter, as applicable.(c) Optional curriculum outline. The commissioner of education may approve and disseminate a curriculum outline that specifies all additional training content for this subsection. Training that does not conform to any curriculum outline released by the commissioner does not satisfy the requirements of this section.(d) Governing board member requirements. A new governing board member must complete two additional instructional hours on board governance requirements and best practices, including:(1) hiring and evaluating a superintendent;(2) required training and governance requirements;(3) non-delegable board governance duties;(4) board meeting protocols; and(5) other practices for effective governance and continuous improvement.(e) Officer requirements. A new officer must complete additional training hours specific to their role as follows.(1) Chief executive and central administrative officers must complete 20 additional instructional hours that further explore the core training topics outlined in §100.1117(d) of this title, including:(A) two hours on Charter Law;(B) two hours on Accountability to the Public;(C) six hours on Evaluating and Improving Student Outcomes (EISO);(D) three hours on Accountability for Public Funds;(E) three hours on School Safety; and(F) four hours on any other core training topic outlined in §100.1117(d) of this title.(2) Campus administrative officers are not required to complete additional instructional hours.(3) Business managers must complete 20 additional instructional hours that further explore the core training topics outlined in §100.1117(d) of this title, including:(A) two hours on Charter Law;(B) two hours on Accountability to the Public;(C) three hours on EISO;(D) nine hours on Accountability for Public Funds; and(E) four hours on any other core training topic outlined in §100.1117(d) of this title.(f) Excess hours earned. Twenty-five percent of instructional hours earned in excess of the requirements set forth in this section by a new governing board member or officer may be carried over to meet the following year's requirement under §100.1121 of this title (relating to Continuing Training for Governing Board Members and Officers).</content><note type="source"><p>Source Note: The provisions of this §100.1119 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1121"><num value="100.1121">§100.1121</num><heading>Continuing Training for Governing Board Members and Officers</heading><content>(a) Training required. Any governing board member or officer who has completed the training requirements under §100.1117 and §100.1119 of this title (relating to Core Training for New Governing Board Members and Officers Additional Training for New Governing Board Members and Officers) must annually thereafter complete additional training as outlined in this section.(b) Training content. Continuing training under this subsection shall:(1) fulfill training needs determined by the charter based on charter needs;(2) address updated items identified in the core training topics outlined in §100.1117(d) of this title or cover in greater depth than the curriculum outline indicates for initial training on those topics; or(3) address applicable topics if a charter holder has lower than a C in the Texas A-F Accountability System, lower than a C in the Financial Integrity Rating System of Texas for charter schools, or is rated in TIER 3 on the Charter School Performance Framework, or is being sanctioned, investigated, or is required by the Texas Education Agency to take corrective action training.(c) Governing board member requirements. Governing board members must annually receive six instructional hours of training.(d) Officer requirements. An officer must complete additional training hours specific to their role as follows.(1) Campus administrative officers must annually receive five instructional hours of training.(2) Business managers must annually receive 15 instructional hours of training.(3) Chief executive and central administrative officers must annually receive 15 instructional hours of training.(e) Excess hours earned. Twenty-five percent of instructional hours earned in excess of the requirements set forth in this section by a governing board member or officer may be carried over to meet the following year's requirement under this section.</content><note type="source"><p>Source Note: The provisions of this §100.1121 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1123"><num value="100.1123">§100.1123</num><heading>Exemption for Participation in a Shared Services Cooperative</heading><content>(a) Shared service cooperative exemption. An officer of a charter school is exempt from a module of required training on a specific duty or responsibility if:(1) the charter holder is a member of a shared services cooperative;(2) the written contract establishing the cooperative assigns to the cooperative the specific duty or responsibility, and assigns to the cooperative the requirement to complete that module of training, by:(A) ensuring that all relevant employees attend that module of required training and receive a certificate of course completion for that module from a regional education service center or training provider registered under §100.1125 of this title (relating to Training Providers); or(B) if the cooperative is a registered training provider, ensuring that all relevant employees attend that module of training and receive a certificate of course completion for that module from the cooperative; and(3) all relevant employees of the cooperative actually attend that module of training and receive a certificate of completion for that module.(b) Nothing in this section affects an exemption available by virtue of another section in this division.</content><note type="source"><p>Source Note: The provisions of this §100.1123 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1125"><num value="100.1125">§100.1125</num><heading>Training Providers</heading><content>(a) Authorized training providers. Training under this section may be provided only by a Texas Education Agency (TEA)-authorized training provider approved by the commissioner of education. Training that is not provided by an authorized TEA training provider at the time of training does not satisfy training requirements specified in this division. The fee for a course or module of training shall be determined by the registered training provider.(b) Application to become an authorized training provider. An education service center (ESC), entity, or individual may apply to be an authorized training provider. An applicant must file with the commissioner documents and information demonstrating a history of training experience and subject-matter expertise in each area covered by a training required by this division. If the applicant is an ESC or entity, the ESC or entity must designate one or more individuals as their lead provider. TEA may request qualification information about the lead provider and how the lead provider will supervise any instructors. The lead provider or individual may be required to complete a charter training program prior to serving as a training provider in an area or subject matter.(1) The training provider may apply to be authorized to provide training in one or more areas or subjects. If the training provider is an ESC or entity, the ESC or entity may assign training to one or more instructors, so long as the instructors are supervised by the ESC or entity for quality instruction that is aligned to the authorized areas or subject matters.(2) The training provider is not authorized under this section until it receives written notice of authorization under this section.(c) Compliance with training rules. An authorized training provider that fails to comply with §§100.1115-100.1125 of this title (relating to Training Requirements for Governing Board Members and Officers; Core Training for New Governing Board Members and Officers; Additional Training for New Governing Board Members and Officers; Continuing Training for Governing Board Members and Officers; Exemption for Participation in a Shared Services Cooperative; and Training Providers) will not be authorized in any subsequent year. An ESC, entity, or individual who completes a training that does not comply with §§100.1115-100.1121 of this title has not satisfied the requirements for continued service.(d) Authorization timeline. Initial authorization under this section is effective for 24 months. Thereafter, re-registration may be for a period of up to three years. Re-registration is by original application under this section, except that the process for re-registration of a registered training provider may include an opportunity for stakeholder comment on that provider's performance. A successful application for authorization in a prior authorization period confers no right or expectation that the commissioner will grant an application for authorization in a subsequent year.(e) Post-training requirements. Training providers shall provide training certificates upon request to any individual who attends training and shall keep accurate training records. The training provider is required to periodically survey individuals after a training to determine their satisfaction. TEA may request training records from any authorized training provider at any time.</content><note type="source"><p>Source Note: The provisions of this §100.1125 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1127"><num value="100.1127">§100.1127</num><heading>Record of Compliance and Disclosure of Non-compliance</heading><content>Record of compliance; non-compliance.(1) Record of compliance. It is the obligation of the charter holder to comply with this section, including compliance with §§100.1115-100.1121 of this title (relating to Training Requirements for Governing Board Members and Officers; Core Training for New Governing Board Members and Officers; Additional Training for New Governing Board Members and Officers; and Continuing Training for Governing Board Members and Officers) by each member of the governing body of the charter holder, each member of any governing body of a charter school operated by the charter holder, and each chief executive officer, central administrative officer, campus administrative officer, and business manager of any charter school operated by the charter holder. The charter holder shall document its compliance with §§100.1115-100.1121 of this title and this section.(2) Continued service. A person may not continue to serve as a member of the governing body of a charter holder, as a member of the governing body of a charter school, or as an officer of a charter school, unless the person is in compliance with §§100.1115-100.1121 of this title and this section.(3) Audit disclosure. A charter holder shall separately disclose, in its annual audit report required by §100.1067(c) of this title (relating to Accounting for State and Federal Funds), any member of the governing body of the charter holder or a charter school, and any officer of a charter school, who fails to comply with §§100.1115-100.1121 of this title and this section and who continues to serve in such capacity as of the date of the audit report.(4) Material charter violation. Failure to comply with §§100.1115-100.1121 of this title and this section is a material charter violation that may be considered by the commissioner of education in any action or intervention under Division 3 of this subchapter (relating to Commissioner Action, Performance Monitoring, and Intervention).</content><note type="source"><p>Source Note: The provisions of this §100.1127 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1131"><num value="100.1131">§100.1131</num><heading>Applicability of Nepotism Provisions; Exception for Acceptable Performance</heading><content>(a) Nepotism laws generally apply. Except as provided by this section, a member of the governing body of a charter holder, a member of the governing body of a charter school, and an officer of a charter school who retain final authority to select and terminate charter school employees shall comply with Texas Government Code, Chapter 573, in the manner provided by the nepotism provisions, prohibitions, and exceptions described in this section and §§100.1133-100.1141 of this title (relating to General Nepotism Provisions; Relationships By Consanguinity or By Affinity; Nepotism Prohibitions; Nepotism Exceptions; and Enforcement of Nepotism Prohibitions).(b) Existing charter holders partly grandfathered. A person who was not restricted or prohibited under Texas Education Code, §12.1055, before September 1, 2013, from being employed by an open-enrollment charter school and who was lawfully employed by an open-enrollment charter school before September 1, 2013, is considered to have been in continuous employment as provided by Texas Government Code, §573.062(a), and is not prohibited from continuing employment with the school. Any break in service, however, shall render the eligibility under this subsection null and void. Continuous employment for the purposes of this subsection applies only to relationships that existed on September 1, 2013, and does not exempt relationships created after September 1, 2013.(c) Employment status. This section only applies to the employment of those charter employees reported to the Texas Workforce Commission (TWC) as being employees of the charter on September 1, 2013. The charter holder must supply to the Texas Education Agency (TEA) the TWC list that includes each employee's name, position held, and relationship, if any, to officer and/or board member(s). This list will serve as a baseline for determination of those individuals grandfathered under this section.(d) Submission requirement. The list referenced in subsection (c) of this section shall be received by the TEA division of charter schools no later than December 1, 2014. Failure to comply with this subsection constitutes a material charter violation.(e) No quorum of relatives. Notwithstanding any other provision of this section, persons related to one another within the third degree by consanguinity or within the second degree by affinity, as determined under §100.1135 of this title, shall not constitute a quorum of the governing body or any committee of the governing body of the charter holder or charter school.</content><note type="source"><p>Source Note: The provisions of this §100.1131 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1133"><num value="100.1133">§100.1133</num><heading>General Nepotism Provisions</heading><content>(a) Definitions. The following words and terms, when used in this division, shall have the following meaning, unless the context clearly indicates otherwise.(1) Public official--A member of the governing body of a charter holder, a member of the governing body of a charter school, or an officer of a charter school who retains final authority to select and terminate charter school employees.(2) Candidate--A person who applies for, seeks, is nominated for, or is considered for selection, appointment, employment or in any other manner to be made a member of the governing body of a charter holder, a member of the governing body of a charter school, or an officer of an open-enrollment charter school.(3) Charter position:(A) an office, employment, function, or duty that is to be directly or indirectly compensated from state funds received by a charter holder after September 1, 2001; or(B) a member of the governing body of a charter holder that receives state funds after September 1, 2001, or a member of the governing body or an officer of a charter school operated by such charter holder.(b) Degrees of relationship. Except as specifically provided by this subchapter, §§100.1131 and 100.1135-100.1141 of this title (relating to Applicability of Nepotism Provisions; Exception for Acceptable Performance; General Nepotism Provisions; Relationships By Consanguinity or By Affinity; Nepotism Prohibitions; Nepotism Exceptions; and Enforcement of Nepotism Prohibitions) and this section apply to relationships within the third degree by consanguinity or within the second degree by affinity.</content><note type="source"><p>Source Note: The provisions of this §100.1133 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1135"><num value="100.1135">§100.1135</num><heading>Relationships By Consanguinity or By Affinity</heading><content>(a) Method of computing degree of relationship. The degree of a relationship is computed by the civil law method.(b) Determination of consanguinity. Two individuals are related to each other by consanguinity if one is a descendant of the other, or if they share a common ancestor. An adopted child is considered to be a child of the adoptive parent for this purpose.(c) Computation of degree of consanguinity. The degree of relationship by consanguinity between an individual and the individual's descendant is determined by the number of generations that separate them.(1) A parent and child are related in the first degree, a grandparent and grandchild in the second degree, a great-grandparent and great-grandchild in the third degree, and so on.(2) If an individual and the individual's relative are related by consanguinity, but neither is descended from the other, the degree of relationship is determined by adding:(A) the number of generations between the individual and the nearest common ancestor of the individual and the individual's relative; and(B) the number of generations between the relative and the nearest common ancestor.(3) An individual's relatives within the third degree by consanguinity are the individual's:(A) parent or child (relatives in the first degree);(B) brother, sister, grandparent, or grandchild (relatives in the second degree); and(C) great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of the individual (relatives in the third degree).(d) Determination of affinity. Two individuals are related to each other by affinity if they are married to each other, or the spouse of one of the individuals is related by consanguinity to the other individual.(1) The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.(2) Paragraph (1) of this subsection applies only until the youngest child of the marriage reaches the age of 21 years.(e) Computation of degree of affinity. A husband and wife are related to each other in the first degree by affinity. For other relationships by affinity, the degree of relationship is the same as the degree of the underlying relationship by consanguinity.(1) If two individuals are related to each other in the second degree by consanguinity, the spouse of one of the individuals is related to the other individual in the second degree by affinity.(2) An individual's relatives within the third degree by affinity are:(A) anyone related by consanguinity to the individual's spouse in one of the ways named in this section; and(B) the spouse of anyone related to the individual by consanguinity in one of the ways named in this section.</content><note type="source"><p>Source Note: The provisions of this §100.1135 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1137"><num value="100.1137">§100.1137</num><heading>Nepotism Prohibitions</heading><content>(a) Prohibition applicable to public official. A public official may not hire, select, appoint, confirm the appointment of, or vote for the hiring, selection, appointment, or confirmation of an individual to a charter position if, within a degree described by Texas Government Code, §§573.021-573.025, and §100.1135 of this title (relating to Relationships By Consanguinity or By Affinity):(1) the individual is related to the public official; or(2) the public official holds the authority to hire, select, appoint, confirm the appointment of, or vote for the hiring, selection, appointment, or confirmation as a member of a governing body, and the individual is related to another member of that governing body.(b) Prohibition applicable to candidate. Except for a candidate's actions taken regarding a bona fide class or category of employees or prospective employees, a candidate may not take an affirmative action to influence the following individuals regarding the appointment, reappointment, confirmation of the appointment or reappointment, employment, reemployment, change in status, compensation, or dismissal of another individual related to the candidate within a degree described by Texas Government Code, §§573.021-573.025, and §100.1135 of this title:(1) an employee of the office that the candidate seeks, applies for, is nominated for, or is considered for; or(2) an employee or officer under the direction or control of a governing body, if the candidate seeks, applies for, is nominated for, or is considered for membership on that governmental body.(c) Prohibition applicable to trading. A public official may not hire, select, appoint, confirm the appointment of, or vote for the hiring, selection, appointment, or confirmation of an individual to a charter position in which the individual's services are under the public official's direction or control if, within a degree described by Texas Government Code, §§573.021-573.025, and §100.1135 of this title:(1) the individual is related to another public official; or(2) the hiring, selection, appointment, confirmation, or vote would be carried out in whole or partial consideration for the other public official hiring, selecting, appointing, confirming, or voting for an individual who is related to the first public official.</content><note type="source"><p>Source Note: The provisions of this §100.1137 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1139"><num value="100.1139">§100.1139</num><heading>Nepotism Exceptions</heading><content>(a) General. Section 100.1137(a) of this title (relating to Nepotism Prohibitions) does not apply to:(1) an appointment or employment of a bus driver by a charter school if:(A) the charter school is located wholly in a county with a population of less than 35,000; or(B) the charter school is located in more than one county and the county in which the largest part of the charter school is located has a population of less than 35,000;(2) an appointment or employment of a personal attendant by a public official for attendance on the public official who, because of physical infirmities, is required to have a personal attendant; or(3) an appointment or employment of a substitute teacher.(b) Continuous employment. A nepotism prohibition prescribed by §100.1137(a) of this title does not apply to the hiring, selection, appointment, confirmation, or vote for the hiring, selection, appointment, or confirmation of an individual to a charter position if:(1) the individual was employed in the position immediately before the public official to whom the individual is related in a prohibited degree became a public official, by whatever means; and(2) that prior employment of the individual was continuous for at least:(A) 30 days, if the public official is an officer of a charter school;(B) six months, if the public official is a member of the governing body of a charter school; or(C) one year, if the public official is a member of the governing body of a charter holder.(c) Prohibition against deliberation or voting on continued relative. If an individual continues in a position under subsection (b) of this section, the public official to whom the individual is related in a prohibited degree may not participate in any deliberation or voting on the appointment, reappointment, confirmation of the appointment or reappointment, employment, reemployment, change in status, compensation, or dismissal of the individual if that action applies only to the individual and is not taken regarding a bona fide class or category of employees.</content><note type="source"><p>Source Note: The provisions of this §100.1139 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1141"><num value="100.1141">§100.1141</num><heading>Enforcement of Nepotism Prohibitions</heading><content>(a) Removal by charter holder. An individual who violates §100.1137 or §100.1139(c) of this title (relating to Nepotism Prohibitions and Nepotism Exceptions) shall be removed from the individual's position by the charter holder. Failure to comply with this subsection is a material charter violation.(1) The removal must be made in accordance with the removal provisions in the articles of incorporation and bylaws of the corporation, if applicable, the terms of the open-enrollment charter, any applicable local policies, and state and federal law.(2) A public official may not approve an account or draw or authorize the drawing of a warrant or order to pay the compensation of an ineligible individual if the official knows the individual is ineligible.(b) Removal by attorney general. An individual who violates §100.1137 or §100.1139(c) of this title may be removed from the individual's position by suit brought by the Texas attorney general under Texas Government Code, §573.082.(c) Criminal penalties. An individual who violates Texas Government Code, Chapter 573, Subchapter C, or §573.062(b) or §573.083, as applied by this subchapter, may be subject to criminal penalties under Texas Government Code, §573.084.(1) On final conviction of an offense under Texas Government Code, §573.084, an individual shall immediately and summarily be removed from the individual's position by the charter holder.(2) If the removal under paragraph (1) of this subsection is not made within 30 days after the date the conviction becomes final, the individual holding the position may be removed by the commissioner of education or by suit brought by the Texas attorney general under Texas Government Code, §573.082.</content><note type="source"><p>Source Note: The provisions of this §100.1141 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1143"><num value="100.1143">§100.1143</num><heading>Conflicts of Interest and Board Member Compensation; Exception</heading><content>(a) Process governing conflicts of interest. A member of the governing body of a charter holder, a member of the governing body of a charter school, and an officer of a charter school shall comply with Local Government Code, Chapter 171, in the manner provided by the conflict of interest provisions described in this section and §§100.1145-100.1151 of this title (relating to General Conflict of Interest Provisions; Conflicts Requiring Affidavit and Abstention from Voting; Conflicts Requiring Separate Vote on Budget; and Acting as Surety and Other Conflicts; Criminal Penalties).(b) Compensated board members generally prohibited. Except as provided by this section, a person who receives compensation or remuneration from a nonprofit corporation holding an open-enrollment charter may not serve on the governing body of the charter holder. As used in this subsection, compensation or remuneration includes, without limitation:(1) salary, bonuses, benefits, or other compensation received by the local public official pursuant to an employment relationship;(2) payment of or reimbursement for personal expenses of the local public official, excluding reimbursement for allowable travel expenses;(3) credit extended to the local public official by the charter holder or charter school;(4) the local public official's personal use of property paid for by the charter holder or charter school;(5) in-kind transfers of property to the local public official; and(6) all other forms of compensation or remuneration to the local public official.(c) Satisfactory student performance. If each charter school operated by a charter holder has received a satisfactory rating, as defined by §100.1051(b)(2)(B) of this title (relating to Standards to Revoke and Modify the Governance of an Open-Enrollment Charter), for at least two of the preceding three school years, then charter school employees may serve on the governing body of the charter holder in accordance with subsection (f) of this section.(d) Existing charter holders partly grandfathered. If a charter holder has operated at least one charter school which reported attendance that occurred prior to September 2, 2001, but no charter school operated by the charter holder has received a sufficient number of academic or financial ratings to determine whether it has received a satisfactory rating for at least two of the preceding three school years, then charter school employees may serve on the governing body of the charter holder in accordance with subsection (f) of this section.(1) For purposes of this subsection, a charter school has a sufficient number of substantive ratings to determine whether it has received a satisfactory rating for at least two of the preceding three school years if:(A) the charter school has received two consecutive academic ratings, and neither rating meets the criteria set forth in subsection (c) of this section; or(B) the charter school has received three academic ratings.(2) If a charter holder operates charter schools that have received a sufficient number of academic ratings to determine whether it has received a satisfactory rating for at least two of the preceding three school years, but also operates charter schools that have not received a sufficient number of academic ratings, then its eligibility to comply with subsection (f) of this section is determined by applying the criteria in subsection (c) of this section only to those schools with a sufficient number of substantive ratings.(e) No annual ratings assigned. For purposes of this section, two academic accountability ratings are "consecutive" as determined by §100.1051(b)(2)(C) of this title.(f) Exception to prohibition on compensated board members. Notwithstanding subsection (b) of this section, an employee of a charter school subject to this subsection may serve as a member of the governing body of the charter holder if:(1) only employees of the charter school, and not employees of the charter holder, serve on the governing body of the charter holder;(2) the only compensation or remuneration received by the board member is salary, bonuses, benefits, or other compensation received pursuant to the employment relationship with the charter school;(3) charter school employees do not constitute a quorum of the governing body or any committee of the governing body; and(4) all charter school employees serving on the governing body comply with all conflict of interest provisions referenced in subsection (a) of this section.(g) Accounting for interested transactions. Notwithstanding compliance with this section, a charter holder shall comply fully with the requirements of §100.1067(f) of this title (relating to Accounting for State and Federal Funds).(h) Compliance following ratings change. Notwithstanding this section, a charter holder must comply with the prohibition on compensated board members described in subsection (b) of this section within 30 days after it is assigned a rating that causes it to become ineligible for the exception provided by subsection (f) of this section.(1) Subject to paragraph (2) of this subsection, if a ratings appeal is provided in the applicable Accountability Manual, and if a timely and sufficient appeal is filed by the charter holder, then the time for compliance provided by this subsection is extended until 30 days after the date on which the appeal is finally determined.(2) Notwithstanding any other deadline, an appeal is "timely" for purposes of the extension of time provided in paragraph (1) of this subsection if it is received by the appeals deadline specified in the relevant Accountability Manual, or under the alternative education accountability ratings procedures, if applicable.</content><note type="source"><p>Source Note: The provisions of this §100.1143 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1145"><num value="100.1145">§100.1145</num><heading>General Conflict of Interest Provisions</heading><content>(a) Definitions. The following words and terms, when used in this division, shall have the following meaning, unless the context clearly indicates otherwise.(1) Local public official--A member of the governing body of a charter holder, a member of the governing body of a charter school, or an officer of a charter school.(2) Business entity--A sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, agency, political subdivision, or any other entity recognized by law.(b) Substantial interest in business entity. For purposes of this chapter, a person has a substantial interest in a business entity if:(1) the person owns 10% or more of the voting stock or shares of the business entity or owns either 10% or more or $15,000 or more of the fair market value of the business entity; or(2) funds received by the person from the business entity exceed 10% of the person's gross income for the previous year.(c) Substantial interest in real estate. A person has a substantial interest in real estate if the interest is an equitable or legal ownership with a fair market value of $2,500 or more.(d) Substantial interest through a relative. A local public official is considered to have a substantial interest under this section if a person related to the official in the third degree by consanguinity or affinity, as determined under Texas Government Code, §§573.021-573.025, and §100.1135 of this title (relating to Relationships By Consanguinity or By Affinity), has a substantial interest under this section.</content><note type="source"><p>Source Note: The provisions of this §100.1145 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1147"><num value="100.1147">§100.1147</num><heading>Conflicts Requiring Affidavit and Abstention from Voting</heading><content>(a) Affidavit and abstention required. If a local public official has a substantial interest in a business entity or in real property, the official must file, before a vote, decision, or other action on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and must abstain from further participation in the matter if:(1) in the case of a substantial interest in a business entity, the vote, decision, or other action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or(2) in the case of a substantial interest in real property, it is reasonably foreseeable that a vote, decision, or other action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.(b) Affidavit filed. The affidavit described in subsection (a) of this section must be filed with the official recordkeeper of the charter holder.(c) Abstention excused. If a local public official is required to file and does file an affidavit under subsection (a) of this section, the local public official is not required to abstain from further participation in the matter requiring the affidavit if:(1) the local public official is a member of the governing body of the charter holder or the charter school; and(2) a majority of the members of the governing body of which the local public official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action.(d) Local public official. A member of a governing body of a charter holder, a member of the governing body of an open-enrollment charter school, or an officer of an open-enrollment charter school is considered to be a local public official for purposes of this section.(e) Minutes. The minutes of a meeting during which a matter subject to this section is discussed or decided must clearly identify each person participating, each person abstaining, each person voting, and the vote of each person.(f) Resolution. A matter subject to this section must be approved through a written resolution adopted by the governing board of the charter holder and signed by the members voting in favor of it.(g) Violation. A violation of this section or Local Government Code, Chapter 171, constitutes a material violation of charter contract.</content><note type="source"><p>Source Note: The provisions of this §100.1147 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1149"><num value="100.1149">§100.1149</num><heading>Conflicts Requiring Separate Vote on Budget</heading><content>(a) Separate vote required. The governing body of a charter holder shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a member of the governing body of the charter holder has a substantial interest.(b) Abstention required. Except as provided by §100.1147(c) of this title (relating to Conflicts Requiring Affidavit and Abstention from Voting), the affected member may not participate in that separate vote. The member may vote on a final budget if:(1) the member has complied with this chapter; and(2) the matter in which the member is concerned has been resolved.</content><note type="source"><p>Source Note: The provisions of this §100.1149 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1151"><num value="100.1151">§100.1151</num><heading>Acting as Surety and Other Conflicts; Criminal Penalties</heading><content>(a) Acting as surety. A local public official commits a criminal offense if the official knowingly:(1) acts as surety for a business entity that has work, business, or a contract with the charter holder; or(2) acts as surety on any official bond required of a member of the governing body or charter school, or of an officer of the charter school.(b) Knowing violation of requirements. A local public official commits a criminal offense if the official knowingly violates Local Government Code, §171.004, as applied by this subchapter.</content><note type="source"><p>Source Note: The provisions of this §100.1151 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1153"><num value="100.1153">§100.1153</num><heading>Criminal History; Restrictions on Serving</heading><content>(a) Restrictions on serving. A person may not serve as a member of the governing body of a charter holder, as a member of the governing body of a charter school, or as an officer or employee of a charter school if the person has been convicted of:(1) a misdemeanor involving moral turpitude or any felony;(2) an offense listed in Texas Education Code (TEC), §37.007(a); or(3) an offense listed in Code of Criminal Procedure, Article 62.001(5).(b) Exception. Notwithstanding subsection (a) of this section, a person may be employed in any position by an open-enrollment charter school if a school district could employ the person in that position and the Texas Education Agency (TEA) approves of the employment pursuant to TEC, §12.1059.(c) Required criminal history checks--general. Before the person begins service, and every third year thereafter, a charter holder shall obtain from the Texas Department of Public Safety (DPS) all criminal history record information that relates to:(1) an employee or a person whom the charter school intends to employ in any capacity, or whom the charter holder intends to employ in any capacity relating to its charter school activities;(2) a member of the governing body of the charter holder or charter school or a person who has agreed to serve as a member of the governing body of the charter holder or charter school; and(3) a person who files, in writing, an intention to serve as a volunteer at the charter school, if the duties are or will be performed on school property or at another location where students are regularly present.(d) Required criminal history checks--transportation. Except as provided by paragraphs (3) and (4) of this subsection, a charter holder that contracts with a person for transportation services shall obtain from DPS all criminal history record information that relates to a person employed by the person as a bus driver or a person the person intends to employ as a bus driver.(1) Except as provided by paragraphs (3) and (4) of this subsection, a person or management company that contracts with a charter holder to provide transportation services shall submit to the charter holder the name and other identification data required to obtain criminal history record information of each person described by this section.(2) If the charter holder obtains information that a person described by this section has been convicted of a felony or a misdemeanor involving moral turpitude, the charter holder shall inform the chief personnel officer of the person or management company with whom the charter holder has contracted, and the person or management company may not employ that person to drive a bus on which students are transported without the permission of the governing body of the charter holder.(3) A commercial transportation company that contracts with a charter holder to provide transportation services may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person employed by the commercial transportation company, or to a person it intends to employ, as a bus driver, bus monitor, or bus aide.(4) If the commercial transportation company obtains information that a person employed or to be employed by the company has been convicted of a felony or a misdemeanor involving moral turpitude, the company may not employ that person to drive or to serve as a bus monitor or bus aide on a bus on which students are transported without the permission of the governing body of the charter holder. Paragraphs (1) and (2) of this subsection do not apply if information is obtained as provided by paragraph (3) of this subsection.(e) Permissive criminal history checks. A charter holder may obtain from any law enforcement or criminal justice agency, including DPS, all criminal history record information that relates to:(1) a volunteer, employee, or member of a governing body under subsection (c) of this section;(2) an employee of or an applicant for employment with a public or commercial transportation company that contracts with the charter holder to provide transportation services if the employee drives or the applicant will drive a bus in which students are transported or is employed or is seeking employment as a bus monitor or bus aide on a bus in which students are transported, under subsection (d) of this section; and(3) an employee of or applicant for employment by a management company or other person that contracts with the charter school to provide management services or other services, if:(A) the employee or applicant has or will have continuing duties related to the contracted services; and(B) the duties are or will be performed on school property or at another location where students are regularly present.(f) Entitlement to criminal history checks. A charter holder is entitled to obtain from DPS, no more than twice each year, all criminal history record information maintained by DPS that the charter holder is required or authorized to obtain under this section.(g) Reduced fees for criminal history checks. In accordance with Texas Government Code, §411.097, if a regional education service center or commercial transportation company that receives criminal history record information from DPS under this section requests the information by providing to DPS a list, including the name, date of birth, and any other personal descriptive information required by DPS for each person, through electronic means, magnetic tape, or disk, as specified by DPS, DPS may not charge the service center or commercial transportation company more than the lesser of:(1) DPS's cost for providing the information; or(2) the amount prescribed by another law.(h) Disclosure prohibited. Criminal history record information obtained by a charter holder under this section may not be released or disclosed to any person, other than the individual who is the subject of the information, TEA, the State Board for Educator Certification (SBEC), or the chief personnel officer of the transportation company, if the information is obtained under subsection (d) of this section.(i) Removal by charter holder. If a person is prohibited by this section from serving as a member of the governing body of a charter holder, as a member of the governing body of a charter school, or as an officer or employee of a charter school, the charter holder shall remove the individual from such position immediately.(1) The removal must be made in accordance with the removal provisions in the articles of incorporation and bylaws of the corporation, if applicable, the terms of the open-enrollment charter, any applicable local policies, and state and federal law.(2) The governing body of the charter holder may not approve an account or draw or authorize the drawing of a warrant or order to pay the compensation of a person if the person is prohibited by this section from serving in the capacity for which compensation is due.(j) Teaching certificate applicant or holder. A charter holder shall promptly notify the SBEC in writing if it obtains or has knowledge of information showing that an applicant for or holder of a certificate issued under TEC, Chapter 21, Subchapter B, has a reported criminal history.(k) Implementation schedule and transition. Notwithstanding this section:(1) beginning September 1, 2001, a charter holder shall obtain, in compliance with this section, criminal history record information relating to each person identified in subsections (c) and (d) of this section; and(2) if a person is prohibited by this section from serving as a member of the governing body of a charter holder, as a member of the governing body of a charter school, or as an officer or employee of a charter school, and if removing such person would violate an employment or other written contract that was executed prior to September 1, 2001, then the employment or other contract may continue in effect past September 1, 2001, if each of the following conditions is met:(A) no state funds are used to pay any amounts due the person under the employment or other contract, and all such amounts are paid from a clearly identified source of non-state funds;(B) the terms of the employment or other contract have not been renewed, modified, or otherwise altered since September 1, 2001; and(C) the person does not perform, and is not charged with performing, any charter school functions.</content><note type="source"><p>Source Note: The provisions of this §100.1153 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1155"><num value="100.1155">§100.1155</num><heading>Substantial Interest in Management Company; Restrictions on Serving</heading><content>(a) Restriction on serving. A person may not serve as a member of the governing body of a charter holder as a member of the governing body of a charter school, or as an officer or employee of a charter school, if the person has a substantial interest in a management company that has a contract for management services with the charter holder or a charter school. A person has a substantial interest in a management company if the person:(1) has a controlling interest in the company;(2) owns more than 10% of the voting interest in the company;(3) owns more than $25,000 of the fair market value of the company;(4) has a direct or indirect participating interest by shares, stock, or otherwise, regardless of whether voting rights are included, in more than 10% of the profits, proceeds, or capital gains of the company;(5) is a member of the board of directors or other governing body of the company;(6) serves as an elected officer of the company; or(7) is an employee of the company.(b) Management company as officer. Notwithstanding subsection (a) of this section, a person who has a substantial interest in a management company may provide management services that include the functions of a central administration officer, campus administration officer, or business manager, if:(1) the person provides all management services under a contract for management services;(2) the person provides all management services as an agent of the management company;(3) the person does not serve as an employee or volunteer of the charter holder or charter school, and does not otherwise serve as a contractor of the charter holder or charter school;(4) the person does not serve as a member of the governing body of the charter school or charter holder; and(5) the management services provided by the person do not include powers or duties that are non-delegable under §100.1113 of this title (relating to Delegation of Powers and Duties).(c) Audit disclosure. A charter holder shall separately disclose, in its annual audit report required by §100.1067(c) of this title (relating to Accounting for State and Federal Funds), all persons listed in subsection (a) of this section with a substantial interest in a management company as defined by subsection (a) of this section.(d) Removal by charter holder. If a person is prohibited by this section from serving as a member of the governing body of a charter holder, as a member of the governing body of a charter school, or as an officer or employee of a charter school, the charter holder shall remove the individual from such position immediately.(1) The removal must be made in accordance with the removal provisions in the articles of incorporation and bylaws of the corporation, if applicable, the terms of the open-enrollment charter, any applicable local policies, and state and federal law.(2) The governing body of the charter holder may not approve an account or draw or authorize the drawing of a warrant or order to pay the compensation of a person if the person is prohibited by this section from serving in the capacity for which compensation is due.(e) Implementation schedule and transition. Notwithstanding this section:(1) beginning with the fiscal year in which September 1, 2001, falls, a charter holder shall separately disclose, in its annual audit report required by §100.1067(c) of this title, all persons listed in subsection (a) of this section with a substantial interest in a management company as defined by subsection (a); and(2) if a person is prohibited by this section from serving as a member of the governing body of a charter holder, as a member of the governing body of a charter school, or as an officer or employee of a charter school, and if removing such person would violate an employment or other written contract that was executed prior to September 1, 2001, then the employment or other contract may continue in effect past September 1, 2001, if each of the following conditions is met:(A) no state funds are used to pay any amounts due the person under the employment or other contract, and all such amounts are paid from a clearly identified source of non-state funds;(B) the terms of the employment or other contract have not been renewed, modified, or otherwise altered since September 1, 2001; and(C) the person does not perform, and is not charged with performing, any charter school functions.</content><note type="source"><p>Source Note: The provisions of this §100.1155 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1157"><num value="100.1157">§100.1157</num><heading>Procedures for Prohibiting a Management Contract</heading><content>(a) Action prohibiting management contract. The commissioner of education may prohibit, deny renewal of, suspend, or revoke a contract between an open-enrollment charter school and a management company providing management services to the school if the commissioner determines that the management company has:(1) failed to provide educational or related services in compliance with the company's contractual or other legal obligation to any open-enrollment charter school in Texas or to any other similar school in another state;(2) failed to protect the health, safety, or welfare of the students enrolled at an open-enrollment charter school served by the company;(3) violated this subchapter or a rule adopted under this subchapter; or(4) otherwise failed to comply with any contractual or other legal obligation to provide services to the school.(b) Procedures for making determination. A determination under subsection (a) of this section shall be made through a final investigative report issued by the Texas Education Agency. In making this determination:(1) the commissioner may rely on one or more of the following:(A) any finding or determination made by a court or other tribunal of competent jurisdiction, whether in Texas or in any other state, or by the United States, if the order or judgment is final under the rules governing such proceedings;(B) any finding or determination made by the commissioner under §§100.1049, 100.1045, 100.1047, 100.1041, or 100.1037 of this title (relating to Revocation and Modification of Governance of an Open-Enrollment Charter; Intervention Based on Charter Violations; Intervention Based on Health, Safety, or Welfare of Students; Accountability Ratings and Sanctions; and Renewal of an Open-Enrollment Charter), if the finding or determination is final under the rules governing such proceedings; or(C) any finding or determination made by a court in an action for declaratory judgment or other action pertaining to the commissioner's determination under this section, if the order or judgment is final under the rules governing such proceedings; and(2) to the extent that a finding or determination under paragraph (1) of this subsection pertains to a charter holder or charter school served by a management company, but does not directly pertain to the management company, the focus shall be on the question of whether the relevant contract for management services creates a legal duty for the management company to provide services to the charter school in areas of performance that are the subject of the finding or determination against the charter holder or charter school.(c) Review of proposed management contract. A proposed management contract shall be submitted for commissioner approval through the non-expansion amendment process.(1) A contract for management services is unenforceable, void, and of no force or effect until the non-expansion amendment containing the management contract is approved by the commissioner. In addition, performance under the contract prior to approval by the commissioner is a material charter violation.(2) Notwithstanding this section, if an affected contract for management services was executed prior to September 1, 2001, then the management contract may continue in effect past September 1, 2001, if each of the following conditions is met:(A) no state funds are used to pay any amounts due the management company under the management contract, and all such amounts are paid from a clearly identified source of non-state funds; and(B) the terms of the management contract have not been renewed, modified, or otherwise altered since September 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §100.1157 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1159"><num value="100.1159">§100.1159</num><heading>Loan from Management Company Prohibited</heading><content>(a) Loan prohibited. Neither a charter holder or a charter school may accept any loan or credit from, or incur any debt to, a management company that has a contract to provide management services to:(1) that charter school; or(2) another charter school that operates under a charter granted to the charter holder.(b) Management contract prohibited. A charter holder or charter school that accepts a loan or credit from, or incurs a debt to, a management company, may not enter into a contract with that management company to provide management services to the school.(c) Audit disclosure. A charter holder shall separately disclose, in its annual audit report required by §100.1067(c) of this title (relating to Accounting for State and Federal Funds), all loans or credit received or indebtedness incurred by the charter holder or the charter school to any person or entity providing management services to the charter school or another charter school that operates under a charter granted to the charter holder.(d) Agency review. Compliance with this section shall be reviewed in conjunction with the review required by §100.1157(c) of this title (relating to Procedures for Prohibiting a Management Contract).(e) Implementation schedule and transition. Notwithstanding this subsection, if the affected management contract was executed prior to September 1, 2001, and the affected promissory note or other debt instrument was also executed prior to September 1, 2001, then:(1) both the management contract and the indebtedness may continue in effect past September 1, 2001, if each of the following conditions is met:(A) no state funds are used to pay any amounts due the management company under the management contract, and all such amounts are paid from a clearly identified source of non-state funds;(B) no state funds are used to pay any amounts due the management company under the promissory note or other debt instrument, and all such amounts are paid from a clearly identified source of non-state funds; and(C) the terms of the management contract and the promissory note or other debt instrument have not been renewed, modified, or otherwise altered since September 1, 2001; or(2) the indebtedness may be refinanced after September 1, 2001, and the management contract may be renegotiated after September 1, 2001, if each of the following conditions is met:(A) on or before September 1, 2002, the charter holder and the management company shall file with the Texas Education Agency (TEA) division responsible for legal services the following:(i) a copy of each and every contract, promissory note, debt instrument, agreement or document executed, or in effect, at any time on or after September 1, 2001, between or among: the charter holder or any of its charter schools or management companies; the management company or any of its subsidiaries, parents, affiliates, or related companies; and the lender or any of its subsidiaries, parents, affiliates, or related companies; and(ii) additional documents as requested by the TEA division responsible for legal services during its review under this subsection;(B) the documents filed under subparagraph (A) of this paragraph shall establish that, upon approval by the TEA division responsible for legal services, the management company will not be the lender of any funds, but will merely act as the guarantor or co-signer on loans totaling an amount equal to or less than the indebtedness owed by the charter holder to the management company prior to September 1, 2001;(C) the documents filed under subparagraph (A) of this paragraph shall establish that the management company may not take any action in its capacity as guarantor or co-signer to prevent, deter, or discourage the charter holder from taking any action respecting the management company under its contract for management services;(D) the documents filed under subparagraph (A) of this paragraph shall establish that the term of the contract for management services between the management company and the charter holder may not extend beyond the term of the current contract for charter between the charter holder and the State Board of Education, and that the contract for management services is renewable beyond the current term of the open-enrollment charter only through negotiation and execution of a new contract for management services;(E) the documents filed under subparagraph (A) of this paragraph shall establish that the management company may not take any action in its capacity as guarantor or co-signer to coerce, influence, or encourage the charter holder to negotiate or execute another contract for management services under subparagraph (D) of this paragraph; and(F) the TEA division responsible for legal services finds, in writing, that the documents filed under subparagraph (A) of this paragraph meet the criteria specified in this paragraph of this subsection and finds that any compliance problems concerning the governance and the financial or other management of the charter holder do not prevent the approval of the arrangements reflected in the documents.</content><note type="source"><p>Source Note: The provisions of this §100.1159 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1161"><num value="100.1161">§100.1161</num><heading>Public Records Maintained by Management Company; Contract Provision</heading><content>(a) Maintenance of records. A management company that provides, or did provide, any management services to a charter holder or charter school shall maintain, as required by §100.1203 of this title (relating to Records Management), all records related to its management services separately from any other records of the management company.(b) Contract provision. Any contract, including a contract renewal, between a charter holder or charter school and a management company for management services to the charter school must contain a contract provision expressly requiring the management company to comply with subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §100.1161 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1163"><num value="100.1163">§100.1163</num><heading>Compliance Records on Nepotism, Conflicts of Interest, and Restrictions on Serving</heading><content>(a) A charter holder shall collect, maintain, and make available on request for inspection under this division, the following information on a form or in a format approved by the commissioner of education:(1) information identifying each member of the governing body of the charter holder and related compliance information as required by subsection (b) of this section;(2) information identifying each chief executive officer and chief financial officer of the charter school and related compliance information as required by subsection (b) of this section;(3) information identifying each member of the governing body of the charter school, if the charter holder has established a governing body for the charter school, and related compliance information as required by subsection (b) of this section; and(4) information identifying each employee of the charter school and related compliance information as required by subsection (b) of this section.(b) The compliance information recorded for each individual identified under subsection (a) of this section shall include:(1) the title of each position held, or function performed, by the individual;(2) the specific powers and duties that the governing body of the charter holder or charter school have delegated to the individual, if any, as described by the powers and duties listed in the charter pursuant to §100.1113 of this title (relating to Delegation of Powers and Duties);(3) the legal name of the individual;(4) any aliases or names formerly used by the individual, including maiden name;(5) a complete criminal history record of convictions for the individual, issued by the Texas Department of Public Safety within three years of the date of the compliance record;(6) a list of all relatives of the individual, within the third degree of consanguinity or affinity, under Texas Government Code, Chapter 573, that:(A) are employed by the charter holder or the charter school;(B) conduct business transactions with the charter holder or the charter school;(C) serve on the governing body of the charter holder or the charter school; or(D) have a substantial interest in a management company under Texas Education Code, §12.120; and(7) a full and complete list of the individual's business interests in, or transactions with, any charter holder, charter school, or management company.(c) Not later than 30 days following any change in the information recorded under this section, a charter holder shall make corrections to its most recent charter school compliance record.(d) A charter holder shall file the information with the Texas Education Agency (TEA) division responsible for charter schools within 10 business days of receiving a written request from TEA.</content><note type="source"><p>Source Note: The provisions of this §100.1163 adopted to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1201"><num value="100.1201">§100.1201</num><heading>Voluntary Participation in State Programs</heading><content>A charter school may voluntarily participate in any of the following state programs available to school districts, if the commissioner of education approves an amendment to the open-enrollment charter describing the manner in which the charter school will comply with each term of the program:(1) a program under Local Government Code, Chapter 271, Subchapter D, requiring the State Purchasing and General Services Commission to perform purchasing services for school districts;(2) a program under Local Government Code, Chapter 271, Subchapter F, permitting a school district to participate in a cooperative purchasing program with a school district, local government, or local cooperative organization;(3) to the extent permitted by federal law, a program under Local Government Code, Chapter 271, Subchapter G, permitting a school district to purchase goods or services available under federal supply schedules of the United States General Services Administration;(4) a program under Local Government Code, Chapter 271, Subchapter E, permitting a school district to enter into an intercept agreement with the Texas Bond Review Board and the Comptroller of Public Accounts to increase its credit rating; and(5) a program under Texas Education Code (TEC), §29.1531, permitting a school district to offer on a tuition basis, or use school district funds to provide, an additional half-day of prekindergarten classes to children eligible for classes under TEC, §29.153, or half-day and full-day prekindergarten classes to children not eligible for classes under TEC, §29.153.</content><note type="source"><p>Source Note: The provisions of this §100.1201 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective September 12, 2012, 37 TexReg 7097.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1203"><num value="100.1203">§100.1203</num><heading>Records Management</heading><content>(a) Retention of government records. With respect to its operation of a charter school, a charter holder is considered to be a local government for purposes of Local Government Code, Title 6, Subtitle C, and Texas Government Code, Chapter 441, Subchapter J.(1) Government records. Records of a charter school and records of a charter holder that relate to a charter school are government records for all purposes under state law.(2) Retention and destruction of records. Any requirement in Local Government Code, Title 6, Subtitle C, or Texas Government Code, Chapter 441, Subchapter J, that applies to a school district, the board of trustees of a school district, or an officer or employee of a school district applies to a charter school, the governing body of its charter holder, the governing body of the charter school, and each officer and employee of the charter school.(3) Maintained within this state. Records of a charter school shall be maintained physically within the state of Texas at all times, except those records stored electronically in accordance with the requirements of Local Government Code, Chapter 205, may be maintained outside the state of Texas if such records remain accessible from within the state of Texas during normal business hours. For purposes of this paragraph, the records of a charter school shall mean the records indicated by the Financial Accountability System Resource Guide, adopted by reference in §109.41 of this title (relating to Financial Accountability System Resource Guide), or its successor, or by the laws and rules summarized therein. The records of a management company related to the charter school may be audited under §100.1075(b) of this title (relating to Audit by Commissioner; Records in the Possession of a Management Company), but are not subject to this paragraph.(4) Records of former charter holder. Notwithstanding paragraph (2) of this subsection, and notwithstanding Local Government Code, §201.007, the records of a charter holder that ceases to operate a charter school shall be transferred in the manner prescribed by the commissioner of education under subsection (b) of this section.(b) Transfer of former charter holder records. The records of a charter holder that ceases to operate a charter school shall be transferred as directed by the commissioner to a custodian or custodians designated by the commissioner. The commissioner may designate any appropriate entity to serve as custodian, including the Texas Education Agency, a regional education service center, or a school district. In designating a custodian, the commissioner shall ensure that the transferred records, including student and personnel records, are transferred to a custodian capable of maintaining the records; making the records readily accessible to students, parents, former school employees, and other persons entitled to access; and complying with applicable state or federal law restricting access to the records.(c) Enforcement. If a charter holder, a charter school, or an officer or employee of a charter school refuses to transfer school records as directed by the commissioner under subsection (b) of this section, the commissioner may ask the attorney general to petition a court for recovery of the records. If the court grants the petition, the court shall award attorney's fees and court costs to the state.</content><note type="source"><p>Source Note: The provisions of this §100.1203 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1205"><num value="100.1205">§100.1205</num><heading>Procurement of Professional Services</heading><content>(a) Applicability of section. This section applies to a charter holder unless alternative procedures for selecting a provider of professional services or a group or association of providers, or awarding a contract for professional services, have been approved by the commissioner of education under §100.1079 of this title (relating to Optional Open-Enrollment Charter Provisions for Contracting and Purchasing) and the open-enrollment charter has been amended by the commissioner to adopt the approved procedures.(b) Selecting professional services. A charter holder shall select a provider of professional services or a group or association of providers, and award a contract for professional services, in accordance with Texas Government Code, Chapter 2254, Subchapter A. A requirement in that subchapter that applies to a school district or the board of trustees of a school district applies to a charter school, the governing body of a charter holder, or the governing body of a charter school.(c) Definition. For purposes of this section, professional services are services:(1) within the scope of the practice, as defined by state law, of accounting; architecture; landscape architecture; land surveying; medicine; optometry; professional engineering; real estate appraising; or professional nursing; or(2) provided in connection with the professional employment or practice of a person who is licensed or registered as a certified public accountant; an architect; a landscape architect; a land surveyor; a physician, including a surgeon; an optometrist; a professional engineer; a state certified, or state licensed real estate appraiser; or a registered nurse.(d) Implementation schedule and transition. Texas Government Code, Chapter 2254, Subchapter A, does not apply to a contract executed prior to September 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §100.1205 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective September 18, 2014, 39 TexReg 7295; amended to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1207"><num value="100.1207">§100.1207</num><heading>Student Admission</heading><content>(a) Application deadline. For admission to a charter school, a charter holder shall:(1) require the applicant to complete and submit a common application form prescribed by the commissioner of education, referred to as the Texas Charter School Admission Application, beginning in the 2020-2021 school year. The application must be submitted not later than a reasonable deadline the charter holder establishes.(A) The common application form shall be posted on the Texas Education Agency (TEA) website, and the form and all associated fields shall be posted on each open-enrollment charter school's website to be used by an applicant for admission to an open-enrollment charter school campus.(B) The common application form and the student admission and enrollment policy under subsection (d) or (e) of this section, including the policies and procedures for admission, lotteries, enrollment, student waitlists, withdrawals, reenrollment, and transfers, shall be publicly accessible and easily available on the charter school's website. A charter school must make available the common application form and may not require the use of an account, email, password, or other condition as the sole means to access the information or the common application form. A charter school may also print copies of the common application form and make them available for use during the admission process.(C) An open-enrollment charter school may not alter the form, unless to signify specific criteria that may not apply to their campus as permitted by TEA, and may not add any additional criteria, questions, statements, advertisements, or solicitations or require any conditions for a person to access the form. An open-enrollment charter school may not sell, provide, or ask an applicant to agree to share or have the charter school share any student information provided in the application to any person or entity other than TEA;(2) on receipt of more acceptable applications for admission under this section than available positions in the school:(A) except as permitted by subsection (b) of this section, fill the available positions by lottery; or(B) subject to subsection (d) of this section, fill the available positions in accordance with the open-enrollment charter school's approved student admission and enrollment policy; and(3) create and manage a waitlist, as described in subsection (e) of this section, for applicants who are not admitted after all available positions in the charter school have been filled.(b) Lottery exemption. The charter holder may exempt students from the lottery required by subsection (d) of this section to the extent this is consistent with the definition of a "public charter school" under the Elementary and Secondary Education Act (ESEA) as reauthorized under the Every Student Succeeds Act (ESSA), as interpreted by the United States Department of Education (USDE), including but not limited to, siblings of students already admitted to or attending the same charter school; children of a charter school's founders, teachers and staff, and children of employees in a work-site charter school (so long as the total number of students allowed under this exemption does not exceed 10% of the school's total enrollment).(c) Newspaper publication. To the extent this is consistent with the definition of a "public charter school" under ESEA as reauthorized under ESSA, as interpreted by the USDE, a charter holder may fill applications for admission under subsection (a)(1) of this section only if it published a notice of the opportunity to apply for admission to the charter school. At a minimum, a notice published under this subsection must:(1) state the application deadline; and(2) be published in a newspaper of general circulation in the community in which the school is located not later than the seventh day before the application deadline. For purposes of this chapter, a newspaper of general circulation is defined as one that has more than a minimum number of subscribers among a particular geographic region, which has a diverse subscribership, and that publishes some news items of general interest to the community.(d) Student admission and enrollment. Except as provided by this section, the governing body of the charter holder must adopt a student admission and enrollment policy that:(1) unless as provided in subsection (f) of this section, prohibits discrimination on the basis of sex; national origin; ethnicity; religion; disability; academic, artistic, or athletic ability; or the district the child would otherwise attend under state law;(2) specifies any type of non-discriminatory enrollment criteria to be used at each charter school operated by the charter holder. Such non-discriminatory enrollment criteria may make the student ineligible for enrollment based on a history of a criminal offense, a juvenile court adjudication, or discipline problems under Texas Education Code (TEC), Chapter 37, Subchapter A, documented as provided by local policy; and(3) specifies whether students will be admitted to the charter school campus by lottery or on a first come, first served basis if the application is published in a newspaper of general circulation in the community in which the school is located not later than the seventh day before the application deadline, as described in TEC, §12.117.(e) Waitlist. Charter holders required to create and maintain a waitlist as a result of receiving more acceptable applications for admission than available positions at the school shall manage and update the student waitlist.(1) Each school year, the following information must be maintained at the campus level for reporting to TEA no later than the last Friday in October of each school year:(A) the total number of students on the waitlist;(B) the number of students on the waitlist disaggregated by grade level;(C) the number of students enrolled;(D) the enrollment capacity; and(E) information necessary to identify each student, as specified in TEC, §12.1174 (Enrollment and Waiting List Report).(2) The waitlist of each charter school campus shall be managed according to that charter holder's policy, which must include the following criteria.(A) The names of eligible students with completed applications who apply and are not admitted shall be added to the end of the waitlist in the order in which the applications are received.(B) As spaces become available at the charter school campus during the school year, the school must consult its campus waitlist and select a new student for enrollment in the order that students appear on the list.(C) The charter school shall review each campus waitlist no less than every 60 days and eliminate duplicate entries and the names of students who have been admitted to the charter school.(3) An open-enrollment charter school may not sell, provide, or ask a student to agree to share any student information on the waitlist with any person or entity other than TEA.(f) Student admission and enrollment at charter schools specializing in performing arts. In accordance with TEC, §12.111 and §12.1171, a charter school specializing in performing arts, as defined in this subsection, may adopt a student admission and enrollment policy that complies with this subsection in lieu of compliance with subsections (a)-(d) of this section.(1) A charter school specializing in performing arts as used in this subsection means a school whose open-enrollment charter includes an educational program that, in addition to the required academic curriculum, has an emphasis in one or more of the performing arts, which include music, theatre, and dance. A program with an emphasis in the performing arts may include the following components:(A) a core academic curriculum that is integrated with performing arts instruction;(B) a wider array of performing arts courses than are typically offered at public schools;(C) frequent opportunities for students to demonstrate their artistic talents;(D) cooperative programs with other organizations or individuals in the performing arts community; or(E) other innovative methods for offering performing arts learning opportunities.(2) To the extent this is consistent with the definition of a "public charter school" as defined in ESEA as reauthorized under ESSA, as interpreted by the USDE, the governing body of a charter holder that operates a charter school specializing in performing arts must require the applicant to complete and submit a common admission application form as described in subsection (a)(1) of this section and may adopt an admission policy that requires a student to demonstrate an interest or ability in the performing arts or to audition for admission to the school.(3) The governing body of a charter holder that operates a charter school specializing in performing arts must adopt a student admission and enrollment policy that prohibits discrimination on the basis of sex, national origin, ethnicity, religion, disability, academic or athletic ability, or the district the child would otherwise attend under state law.(4) The governing body of a charter holder that operates a charter school specializing in performing arts must adopt a student admission and enrollment policy that specifies any type of non-discriminatory enrollment criteria to be used at the charter school. Such non-discriminatory enrollment criteria may make the student ineligible for enrollment based on a history of a criminal offense, a juvenile court adjudication, or discipline problems under TEC, Chapter 37, Subchapter A, documented as provided by local policy.(g) Maximum enrollment. Total enrollment shall not exceed the maximum number of students approved in the open-enrollment charter. A charter school may establish a primary and secondary boundary. Students who reside outside the primary geographic boundary stated in the open-enrollment charter shall not be admitted to the charter school until all eligible applicants that reside within the primary boundary and have submitted a timely application have been enrolled. Then, if the open-enrollment charter so provides for a secondary boundary, the charter holder may admit students who reside within the secondary boundary to the charter school in accordance with the terms of the open-enrollment charter.</content><note type="source"><p>Source Note: The provisions of this §100.1207 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective November 9, 2006, 31 TexReg 9031; amended to be effective September 18, 2014, 39 TexReg 7295; amended to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1209"><num value="100.1209">§100.1209</num><heading>Municipal Ordinances</heading><content>(a) Municipal ordinances apply. A charter holder is subject to federal and state laws and rules governing public schools and to zoning and all other municipal ordinances governing public schools.(b) Notification to political subdivisions. A political subdivision shall consider an open-enrollment charter school a school district for purposes related to land development standards, licensing, zoning, and various purposes and services pursuant to the following.(1) The governing body of an open-enrollment charter school must certify in writing to the political subdivision that no administrator, officer, employee, member of the governing body of the charter school, or charter holder received any personal financial benefits from a real estate transaction with the charter school.(2) The open-enrollment charter school files notice of the new property location within 10 business days of the completing the purchase or lease of real property for that location to the Texas Education Agency division responsible for charter schools and the division will notify the following within 10 business days:(A) the superintendent and the board of trustees of each school district from which the proposed location is likely to draw students, as defined in §100.1013 of this title (relating to Notification of Charter Application); and(B) each member of the legislature that represents the geographic area to be served by the location, as defined in §100.1013 of this title.(c) Charter school related purposes. An agreement between a municipality and an open-enrollment charter school may require that any revised land development standards can only apply while the property is used for charter school related purposes and that any property in use subject to open-enrollment charter school land development standards must become compliant with all applicable non-school commercial development regulations after the closure or relocation of the charter school.</content><note type="source"><p>Source Note: The provisions of this §100.1209 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1211"><num value="100.1211">§100.1211</num><heading>Students</heading><content>(a) Student performance. Notwithstanding any provision in an open-enrollment charter, acceptable student performance under Texas Education Code, §12.111(a)(3), shall at a minimum require overall student performance meeting the standards for an "academically acceptable" rating as defined by §100.1001(8) of this title (relating to Definitions).(b) Reporting child abuse or neglect. A charter holder shall adopt and disseminate to all charter school staff and volunteers a policy governing child abuse reports required by Texas Family Code, Chapter 261. The policy shall require that employees, volunteers, or agents of the charter holder and the charter school report child abuse or neglect directly to an appropriate entity listed in Texas Family Code, Chapter 261.(c) Admission and enrollment. A charter holder for an open-enrollment charter school shall have an admission and enrollment policy as outlined in §100.1207 of this title (relating to Student Admission), including prohibiting discrimination on the basis of sex; national origin; ethnicity; religion; disability; academic, artistic, or athletic ability; or the district the child would otherwise attend under state law.(d) Notice of expulsion or withdrawal. A charter school shall notify the school district in which the student resides within three business days of any action expelling or withdrawing a student from the charter school.(e) Data reporting. A charter holder and its charter school shall report timely and accurate information required by the commissioner of education to the Texas Education Agency (TEA), except as expressly waived by the commissioner.(f) Student records. Student records shall be secure and maintained physically within the state of Texas at all times. Charter school personnel shall respond to requests for records in a timely and appropriate manner. Charter schools shall participate in the Texas Records Exchange (TREx) system and shall follow TREx data standards.(g) Scholastic year. A charter holder shall adopt a school year for the charter school, with fixed beginning and ending dates. The charter school shall submit a copy of the charter school's campus calendars to the TEA division responsible for charter school administration prior to the first day of August of each year.</content><note type="source"><p>Source Note: The provisions of this §100.1211 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective September 18, 2014, 39 TexReg 7295; amended to be effective August 28, 2019, 44 TexReg 4478; amended to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1212"><num value="100.1212">§100.1212</num><heading>Personnel</heading><content>(a) Minimum qualifications. Except as provided by subsection (b) of this section, all persons employed as a principal or teacher by an open-enrollment charter school must hold a baccalaureate degree.(b) Exception. In an open-enrollment charter school that serves youth referred to or placed in a residential trade center by a local or state agency, a person may be employed as a teacher for a noncore vocational course without holding a baccalaureate degree if the person has:(1) demonstrated subject matter expertise related to the subject taught, such as professional work experience; formal training and education; holding a relevant active professional industry license, certification, or registration; or any combination of work experience, training and education, and industry license, certification, or registration; and(2) received at least 20 hours of classroom management training, as determined by the governing body of the open-enrollment charter school. Documentation of the training is to be maintained locally and provided to the Texas Education Agency within 10 business days upon request.(c) Certification. Special education teachers, prekindergarten teachers, bilingual teachers, and teachers of English as a second language must be certified in the fields in which they are assigned to teach as required by state and/or federal law.(d) Paraprofessionals. All persons employed as paraprofessionals must be certified as required to meet state and/or federal law.(e) Criminal history. A charter school shall obtain from the Department of Public Safety (DPS), prior to the hiring of personnel and at least every third year thereafter, all criminal history record information maintained by DPS that the charter school is authorized to obtain.(f) Do not hire registry. A charter school is prohibited from hiring personnel who are not eligible for hire in a Texas public school if they are listed on the Registry of Persons Not Eligible for Employment in Public Schools.</content><note type="source"><p>Source Note: The provisions of this §100.1212 adopted to be effective August 28, 2019, 44 TexReg 4478; amended to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1213"><num value="100.1213">§100.1213</num><heading>Failure to Operate</heading><content>(a) Continuous operation. Except as provided in this section, a charter holder shall operate the program as described in the open-enrollment charter for the full school term described in the open-enrollment charter during each year that the open-enrollment charter is in effect.(b) Delayed opening. A charter holder may not delay opening the charter school (district) or any charter campus for longer than 21 days without an amendment to its open-enrollment charter, approved by the commissioner of education, stating that the charter school district or campus is dormant and setting forth the date on which operations shall resume and any applicable conditions for resuming operation that may be imposed by the commissioner. The period of dormancy shall last no longer than 12 months and will expire no later than June 30 in the school year in which the dormancy occurs. At the end of a period of dormancy the charter holder may request an additional period of dormancy of no more than 12 months through an amendment to its open-enrollment charter.(c) Abandonment. Delay of opening or suspension of operations in violation of this section and §100.1035 of this title (relating to Charter Amendment) constitutes abandonment of the open-enrollment charter and constitutes a material violation of the charter contract.</content><note type="source"><p>Source Note: The provisions of this §100.1213 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective September 12, 2012, 37 TexReg 7097; amended to be effective September 18, 2014, 39 TexReg 7295; amended to be effective October 2, 2024, 49 TexReg 7855.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c100/scAA/s100.1215"><num value="100.1215">§100.1215</num><heading>Instructional Facilities</heading><content>(a) Right to occupy facilities. A charter holder shall have and maintain throughout the term of the open-enrollment charter legally enforceable lease agreements, titles, or other legal instruments conferring on it the right to occupy and use one or more facilities suitable for use as the classrooms and other instructional facilities described in the open-enrollment charter.(1) The enforceable legal instruments must confer on the charter holder the right to occupy and use suitable instructional facilities for the entire school year adopted by the charter school.(2) During any period of dormancy, an amendment granting the period of dormancy may waive this requirement.(b) Occupancy certificate. A charter holder shall comply with all state and local laws and ordinances applicable to the occupation and use of the facilities it occupies, including any special standards applicable to the instruction of public school students in the facilities.(1) A charter school shall not change the site of its instructional facilities or administrative offices from those listed in the open-enrollment charter without prior approval of the commissioner of education through an amendment to the open-enrollment charter.(2) When approved for a new site under paragraph (1) of this subsection, the charter holder shall, prior to commencing any operations at that site, file with the Texas Education Agency division responsible for charter schools a certificate of occupancy or equivalent certificate appropriate for the proposed use of the facility at the new site.(c) Compliance. Failure to comply with this section will adversely affect funding and may constitute a material violation of the charter contract.</content><note type="source"><p>Source Note: The provisions of this §100.1215 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective September 18, 2014, 39 TexReg 7295.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c100/scB"><num value="B">SUBCHAPTER B</num><heading>HOME-RULE SCHOOL DISTRICT CHARTERS</heading><section identifier="/us/state/tx/tac/t19/p2/c100/scB/s100.201"><num value="100.201">§100.201</num><heading>Adverse Action on a Home-Rule School District Charter</heading><content>(a) The State Board of Education (SBOE) may place on probation or revoke a home-rule school district charter if the SBOE determines that the district:(1) committed a material violation of the charter;(2) failed to satisfy generally accepted accounting standards of fiscal management; or(3) failed to comply with the requirements of the Texas Education Code (TEC), Chapter 12, Subchapter B, or other applicable law or rule.(b) The recommendation to place on probation or revoke the charter of a home-rule school district charter shall be made by the Texas Education Agency (TEA) in accordance with 19 TAC §157.11 of this title (relating to Notice of Intent), no fewer than 60 calendar days prior to the meeting of the SBOE at which the recommendation will be considered.(c) The TEA shall notify the district before placing on probation or revoking the charter. The notice shall clearly specify the following, either in the notice or by reference to other documents included with the notice:(1) the action sought and the grounds for taking such action;(2) a statement of the legal authority and jurisdiction under which the hearing will be held;(3) a reference to the particular sections of the statutes and rules involved; and(4) the date, time, and place for a hearing on the action sought, which shall be provided to the district and to parents and guardians of district students, if requested in accordance with subsection (e) of this section.(d) Notice served on the district shall be notice to parents and guardians of students in the district.(e) Within ten calendar days after receiving the notice, the district may request a hearing and submit a written response containing specific answers to each of the findings included in the notice. If a request for hearing and a written response are not submitted within ten calendar days, the recommendations of the TEA on the proposed action shall be submitted to the SBOE for action.(f) A hearing held under this section shall be open to the public and must be held at the district unless a different location is agreed to by the district. The hearing shall be held not fewer than ten calendar days from the date the district receives notice and shall be governed by Chapter 157, Subchapter A, of this title (relating to General Provisions for Hearings Before the State Board of Education).(g) The administrative law judge may order that testimony and evidence from parents and guardians of students at the charter school be taken via prefiled written testimony under the Texas Government Code, §2001.085.</content><note type="source"><p>Source Note: The provisions of this §100.201 adopted to be effective October 10, 1999, 24 TexReg 8547.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c101"><num value="101">CHAPTER 101</num><heading>ASSESSMENT</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scA/s101.1"><num value="101.1">§101.1</num><heading>Scope of Rules</heading><content>(a) The State Board of Education (SBOE) shall:(1) create and implement the statewide assessment program to ensure the program supports the goals of education as specified in the Texas Education Code (TEC); and(2) establish goals for the statewide assessment program.(b) When adopting rules, the SBOE shall maintain the stability of the statewide assessment program to the greatest extent possible in accordance with the TEC, Chapter 39, Subchapter B.(c) The statewide assessment program consists of the following criterion-referenced tests:(1) the assessments of academic readiness in English and Spanish for the grades and subjects as specified in the TEC, Chapter 39, Subchapter B;(2) the alternative assessments of academic readiness for eligible students receiving special education services as specified in the TEC, Chapter 39, Subchapter B;(3) the assessments required for graduation as specified in the TEC, Chapter 39, Subchapter B; and(4) the reading proficiency tests in English for eligible limited English proficient students as specified in the TEC, Chapter 39, Subchapter B.</content><note type="source"><p>Source Note: The provisions of this §101.1 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective March 14, 2013, 38 TexReg 1676.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scA/s101.3"><num value="101.3">§101.3</num><heading>Policy</heading><content>(a) The goal of the statewide assessment program is to provide all eligible Texas students an appropriate statewide assessment that measures and supports their achievement of the essential knowledge and skills of the state-mandated curriculum.(b) To maximize its effectiveness for educators and students, the statewide assessment program shall be based on the following quality standards.(1) Tests shall be aligned to the essential knowledge and skills of the state-mandated curriculum in all subject areas tested.(2) Tests shall be reliable and valid measures of the essential knowledge and skills and shall be administered in a standardized manner.(3) Test results at the student, campus, district, regional, and state levels shall be reported in a timely and accurate manner.</content><note type="source"><p>Source Note: The provisions of this §101.3 adopted to be effective August 15, 2002, 27 TexReg 7106.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scA/s101.5"><num value="101.5">§101.5</num><heading>Student Testing Requirements</heading><content>Every student receiving instruction in the essential knowledge and skills shall take the appropriate criterion-referenced assessments, as required by the Texas Education Code (TEC), Chapter 39, Subchapter B.</content><note type="source"><p>Source Note: The provisions of this §101.5 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective March 23, 2005, 30 TexReg 1632; amended to be effective December 23, 2009, 34 TexReg 9200; amended to be effective March 14, 2013, 38 TexReg 1676.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING THE PARTICIPATION OF ENGLISH LANGUAGE LEARNERS IN STATE ASSESSMENTS</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scAA/s101.1001"><num value="101.1001">§101.1001</num><heading>Scope of Rules</heading><content>(a) Except as specified in subsection (b) of this section, the provisions of this division shall apply to all students.(b) The provisions of §101.1005(b)(1)-(2) of this title (relating to Assessments of Achievement in Academic Content Areas and Courses) and §101.1007 of this title (relating to Assessment Provisions for Graduation) shall apply beginning with students first enrolled in Grade 9 or below in the 2011-2012 school year.(c) For purposes of this subchapter, a student who has been enrolled in a U.S. school for at least 60 consecutive calendar days during a school year is considered to have been enrolled in a U.S. school for that school year.</content><note type="source"><p>Source Note: The provisions of this §101.1001 adopted to be effective December 22, 2011, 36 TexReg 8521; amended to be effective March 5, 2014, 39 TexReg 1376; amended to be effective September 24, 2024, 49 TexReg 7635.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scAA/s101.1003"><num value="101.1003">§101.1003</num><heading>English Language Proficiency Assessments</heading><content>(a) In Kindergarten-Grade 12, an emergent bilingual (EB) student, as defined by Texas Education Code (TEC), Chapter 29, Subchapter B, as a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork, shall be administered state English language proficiency assessments annually in listening, speaking, reading, and writing to fulfill state requirements under TEC, Chapter 39, Subchapter B, and federal requirements.(b) In rare cases, the admission, review, and dismissal (ARD) committee in conjunction with the language proficiency assessment committee (LPAC) may determine that it is not appropriate for an EB student in Grades 2-12 who receives special education services to participate in the general English language proficiency assessment required by subsection (a) of this section for reasons associated with the student's particular disability.(1) Students with the most significant cognitive disabilities who cannot participate in the general English language proficiency assessment, even with allowable accommodations, and meet the participation requirements for the alternate English language proficiency assessment shall participate in the alternate English language proficiency assessment to meet federal requirements.(2) The ARD committee shall document the decisions and justifications in the student's individualized education program, and the LPAC shall document the decisions and justifications in the student's permanent record file.(c) In the case of an EB student who receives special education services, the ARD committee in conjunction with the LPAC shall determine and document the need for allowable testing accommodations in accordance with administrative procedures established by the Texas Education Agency.</content><note type="source"><p>Source Note: The provisions of this §101.1003 adopted to be effective December 22, 2011, 36 TexReg 8521; amended to be effective May 31, 2020, 45 TexReg 3439; amended to be effective September 24, 2024, 49 TexReg 7635.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scAA/s101.1005"><num value="101.1005">§101.1005</num><heading>Assessments of Achievement in Academic Content Areas and Courses</heading><content>(a) The language proficiency assessment committee (LPAC) shall select the appropriate assessment option for each emergent bilingual (EB) student in Grade 3 or higher in accordance with this subchapter. For each EB student who receives special education services, the student's admission, review, and dismissal (ARD) committee in conjunction with the student's LPAC shall select the appropriate assessments. The LPAC shall document the decisions and justifications in the student's permanent record file, and the ARD committee shall document the decisions and justifications in the student's individualized education program. Assessment decisions shall be made on an individual student basis and in accordance with administrative procedures established by the Texas Education Agency (TEA).(b) Except as provided by subsection (c) of this section, an EB student shall participate in the Grades 3-8 and end-of-course assessments, with or without allowable testing accommodations, as required by Texas Education Code (TEC), §39.023(a) and (c). Except as specified in paragraphs (1) and (2) of this subsection, an EB student shall be administered the general form of the English-version state assessment.(1) An EB student in Grades 3-5 may be administered the Spanish-version state assessment, with or without allowable testing accommodations, if the assessment in Spanish is the most appropriate measure of the student's academic progress, in accordance with TEC, §39.023(l).(2) An EB student in Grade 3 or higher who receives special education services based on the most significant cognitive disabilities may be administered an alternate assessment instrument based on alternative achievement standards, in accordance with TEC, §39.023(b), if the student meets the participation requirements.(c) In accordance with TEC, §39.027(a), an unschooled asylee or refugee who meets the criteria of paragraphs (1)-(3) of this subsection shall be granted an exemption from an administration of an assessment instrument under TEC, §39.023(a), (b), or (l). This exemption will only apply during the school year an unschooled asylee or refugee is first enrolled in a U.S. public school. An unschooled asylee or refugee is a student who:(1) enrolled in a U.S. school as an asylee as defined by 45 Code of Federal Regulations §400.41 or a refugee as defined by 8 United States Code §1101;(2) has a Form I-94 Arrival/Departure record, or a successor document, issued by the United States Citizenship and Immigration Services that is stamped with "Asylee," "Refugee," or "Asylum"; and(3) as a result of inadequate schooling outside the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum prescribed under TEC, §28.002, as determined by the LPAC.(d) For purposes of LPAC determinations in subsection (c) of this section, inadequate schooling outside the United States is defined as little or no formal schooling outside the United States such that the asylee or refugee lacked basic literacy in his or her primary language upon enrollment in school in the United States.(e) The LPAC shall, in conjunction with the ARD committee if the EB student is receiving special education services under TEC, Chapter 29, Subchapter A, determine and document any allowable testing accommodations for assessments under this section in accordance with administrative procedures established by TEA.(f) School districts may administer the assessment of academic skills in Spanish to a student who is not identified as an EB student but who participates in a bilingual program if the LPAC determines the assessment in Spanish to be the most appropriate measure of the student's academic progress.</content><note type="source"><p>Source Note: The provisions of this §101.1005 adopted to be effective December 22, 2011, 36 TexReg 8521; amended to be effective March 27, 2013, 38 TexReg 1972; amended to be effective September 24, 2024, 49 TexReg 7635.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scAA/s101.1007"><num value="101.1007">§101.1007</num><heading>Assessment Provisions for Graduation</heading><content>(a) Although an emergent bilingual (EB) student shall not be exempt from taking an end-of-course assessment for reasons associated with limited English proficiency or inadequate schooling outside the United States, the special provision under subsection (b) of this section shall apply to an EB student enrolled in an English I course or an English for Speakers of Other Languages (ESOL) I course if the EB student:(1) has been enrolled in U.S. schools for three school years or less or qualifies as an unschooled asylee or refugee enrolled in U.S. schools for five school years or less; and(2) the student has not yet demonstrated English language proficiency in reading as determined by the assessment under §101.1003 of this title (relating to English Language Proficiency Assessments).(b) Concerning the applicable English I assessment, an EB student who meets the eligibility criteria in subsection (a) of this section shall not be required to retake the assessment each time it is administered if the student passes the course but fails to achieve the passing standard on the assessment.</content><note type="source"><p>Source Note: The provisions of this §101.1007 adopted to be effective December 22, 2011, 36 TexReg 8521; amended to be effective March 5, 2014, 39 TexReg 1376; amended to be effective September 24, 2024, 49 TexReg 7635.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scB"><num value="B">SUBCHAPTER B</num><heading>IMPLEMENTATION OF ASSESSMENTS</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scB/s101.25"><num value="101.25">§101.25</num><heading>Schedule</heading><content>(a) The commissioner of education shall specify the schedule for testing and field testing that is in compliance with the Texas Education Code (TEC), §39.023(c-3)(1) and (2), and supports reliable and valid assessments.(b) The superintendent of each school district or chief administrative officer of each charter school and any private school administering the tests as allowed under the TEC, §39.033, shall be responsible for administering tests.(c) The commissioner of education may provide alternate dates for the administration of tests required for a high school diploma to students who are migratory children, as defined in the TEC, §39.029, and who are out of the state.(d) Participation in University Interscholastic League area, regional, or state competitions is prohibited on any days on which testing is scheduled between Monday and Thursday of the school week in which the primary administration of assessment instruments under the TEC, §39.023(a), (c), or (l), occurs.</content><note type="source"><p>Source Note: The provisions of this §101.25 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective May 28, 2006, 31 TexReg 4196; amended to be effective March 14, 2013, 38 TexReg 1676.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scB/s101.27"><num value="101.27">§101.27</num><heading>Administrative Procedures</heading><content>A school district, charter school, or private school administering the tests required by the Texas Education Code (TEC), Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials.</content><note type="source"><p>Source Note: The provisions of this §101.27 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective March 14, 2013, 38 TexReg 1676.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scB/s101.31"><num value="101.31">§101.31</num><heading>Private Schools</heading><content>(a) A private school administering the assessments under the Texas Education Code (TEC), Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials. Each private school shall maintain test security and confidentiality as delineated in the TEC, §39.030.(b) A private school administering the assessments under the TEC, Chapter 39, Subchapter B, shall reimburse the Texas Education Agency for each assessment administered. The per-student cost may not exceed the cost of administering the same assessment to a student enrolled in a school district.(c) A private school administering the assessments under the TEC, Chapter 39, Subchapter B, shall provide to the commissioner of education, as required by law and determined appropriate by the commissioner, academic excellence indicator information described in the TEC, §39.053(c) and §39.301(c). For indicator information defined and collected through the Public Education Information Management System (PEIMS), private schools shall follow the PEIMS Data Standards.</content><note type="source"><p>Source Note: The provisions of this §101.31 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective December 23, 2009, 34 TexReg 9200.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scB/s101.33"><num value="101.33">§101.33</num><heading>Release of Tests</heading><content>Beginning in 2009 with the 2008-2009 school year and each subsequent third school year, the Texas Education Agency shall release all test items and answer keys only for primary administration assessment instruments administered under the Texas Education Code, §39.023(a), (b), (c), (d), and (l), and field test items that are at least four years old and that are no longer eligible for inclusion on a subsequent test form.</content><note type="source"><p>Source Note: The provisions of this §101.33 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective October 12, 2003, 28 TexReg 8607; amended to be effective June 6, 2004, 29 TexReg 5343; amended to be effective December 25, 2005, 30 TexReg 8682; amended to be effective October 21, 2008, 33 TexReg 8643; amended to be effective December 23, 2009, 34 TexReg 9200; amended to be effective March 14, 2013, 38 TexReg 1676.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scC"><num value="C">SUBCHAPTER C</num><heading>LOCAL OPTION</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scC/s101.101"><num value="101.101">§101.101</num><heading>Group-Administered Tests</heading><content>(a) An assessment instrument to which this section is applicable under the Texas Education Code (TEC), §39.032, is defined as any district-commissioned achievement test, either nationally normed or criterion-referenced, that is group administered and reported publicly (e.g., to the local board of trustees) in the aggregate. A test given for a special purpose such as program placement or individual evaluation (e.g., a spelling test, a diagnostic test such as a reading inventory or interim benchmark assessment, or a released statewide assessment instrument) is not included in this definition. The commissioner of education shall provide annually to school districts and charter schools a list of state-approved, norm-referenced group-administered achievement tests that test publishers certify meet the requirements of the TEC, §39.032.(b) A company or organization scoring a test defined in subsection (a) of this section shall send test results to the school district for verification. The school district shall have 90 days to verify the accuracy of the data and report the results to the school district board of trustees.(c) State and national averages for an assessment instrument under this section must be computed using data that are not more than eight years old at the time the assessment instrument is administered and that are representative of the group of students to whom the assessment instrument is administered. This eight-year limitation does not apply if only data older than eight years are available for an assessment instrument.(d) To maintain the security and confidentiality of group-administered achievement tests, school districts and charter schools shall follow the applicable procedures for test security and confidentiality delineated in §101.3031 of this title (relating to Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments).</content><note type="source"><p>Source Note: The provisions of this §101.101 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective December 7, 2003, 28 TexReg 10940; amended to be effective April 21, 2010, 35 TexReg 3030; amended to be effective March 14, 2013, 38 TexReg 1676.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING IMPLEMENTATION OF THE ACADEMIC CONTENT AREAS TESTING PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3011"><num value="101.3011">§101.3011</num><heading>Implementation and Administration of Academic Content Area Assessment Instruments</heading><content>(a) The Texas Education Agency (TEA) shall administer each assessment instrument under Texas Education Code (TEC), §39.023(a), (b), (c), and (l), in accordance with the rules governing the assessment program set forth in Chapter 101 of this title (relating to Assessment).(1) For purposes of federal accountability as allowed by subsection (d) of this section, a Grade 3-8 student shall not be administered a grade-level assessment if the student:(A) is enrolled in a course or subject intended for students above the student's enrolled grade level and will be administered a grade-level assessment instrument developed under TEC, §39.023(a), that aligns with the curriculum for that course or subject within the same content area; or(B) is enrolled in a course for high school credit in a subject intended for students above the student's enrolled grade level and will be administered an end-of-course assessment instrument developed under TEC, §39.023(c), that aligns with the curriculum for that course or subject within the same content area.(2) For purposes of federal accountability as allowed by subsection (d) of this section, a Grade 3-8 student who is accelerated in mathematics, reading/language arts, or science and on schedule to complete the high school end-of-course assessments in that same content area prior to high school shall be assessed at least once in high school with the ACT® or the SAT®.(3) A student is only eligible to take an assessment instrument intended for use above the student's enrolled grade if the student is on schedule to complete instruction in the entire curriculum for that subject during the semester the assessment is administered.(4) A student shall be administered the assessments under TEC, §39.023(a), (c), and (l), online as required by TEC, §39.0234, except for a student:(A) who requires specific accommodations that cannot be provided online as specified in the test administration materials; or(B) who is enrolled in a school district or open-enrollment charter school that opts to offer paper administrations of assessments to students whose parent, guardian, or teacher in the applicable subject area requests a paper administration of an assessment. Requests for such paper administrations must be submitted to the school district or open-enrollment charter school by the dates indicated in TEC, §39.02342(b). Requests for these paper administrations from a district or charter school may not exceed 3% of eligible students enrolled in the district or charter school who are administered each assessment.(b) The TEA shall administer alternative assessment instruments under TEC, §39.023(b), that correspond to:(1) the assessment instruments required under TEC, §39.023(a); and(2) the following assessment instruments required under TEC, §39.023(c): English I, English II, Algebra I, biology, and U.S. history.(c) Test administration procedures shall be established by the TEA in the applicable test administration materials. A school district, an open-enrollment charter school, or a private school administering the tests required by TEC, Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials.(d) In accordance with TEC, §39.023(a)(5), the TEA shall administer to students assessments in any other subject and grade required by federal law.</content><note type="source"><p>Source Note: The provisions of this §101.3011 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective March 14, 2013, 38 TexReg 1679; amended to be effective March 2, 2014, 39 TexReg 1150; amended to be effective August 11, 2020, 45 TexReg 5512; amended to be effective June 21, 2022, 47 TexReg 3535; amended to be effective February 21, 2024, 49 TexReg 863.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3012"><num value="101.3012">§101.3012</num><heading>Parent Notification</heading><content>The superintendent of each school district and chief administrative officer of each charter school shall be responsible for the following in order to provide timely and full notification of graduation requirements:(1) notifying each student and his or her parent or guardian in writing no later than the beginning of the student's seventh-grade year of the testing requirements for graduation;(2) notifying each student in Grades 7-12 new to the school district or charter school and his or her parent or guardian in writing of the testing requirements for graduation; and(3) notifying each student who shall take the tests required for graduation and his or her parent or guardian, as well as out-of-school individuals, of the dates, times, and locations of testing.</content><note type="source"><p>Source Note: The provisions of this §101.3012 adopted to be effective March 14, 2013, 38 TexReg 1679; amended to be effective June 21, 2022, 47 TexReg 3535.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3013"><num value="101.3013">§101.3013</num><heading>Accommodations</heading><content>(a) Testing accommodations on the assessments administered under the Texas Education Code (TEC), Chapter 39, Subchapter B, are permitted for any student unless they would make a particular test invalid. Decisions regarding testing accommodations shall take into consideration the needs of the student and the accommodations the student routinely receives in classroom instruction.(b) For a student receiving special education services, the admission, review, and dismissal (ARD) committee shall determine the allowable accommodations necessary for the student to take the assessments administered under the TEC, Chapter 39, Subchapter B, and shall document them in the student's individualized education program.(c) Permissible testing accommodations shall be described in the appropriate test administration materials.</content><note type="source"><p>Source Note: The provisions of this §101.3013 adopted to be effective March 14, 2013, 38 TexReg 1679.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3014"><num value="101.3014">§101.3014</num><heading>Scoring and Reporting</heading><content>(a) The superintendent of a school district or chief administrative officer of each charter school shall accurately report all test results as required by Texas Education Code (TEC), §39.030, with appropriate interpretations, to the school district board of trustees according to the schedule in the applicable test administration materials.(b) A school district, charter school, or private school that administers criterion-referenced tests under TEC, Chapter 39, Subchapter B, shall notify each of its students, his or her parent or guardian, and his or her teacher for that subject of test results, observing confidentiality requirements in TEC, §39.030.(c) All test results shall be included in each student's academic record and shall be furnished for each student transferring to another school district, charter school, or private school.(d) The scoring contractor will provide school districts with the results of the machine-scorable assessments administered as required by TEC, §39.023, within a 21-day period following the close of the testing window. Upon receipt of the assessment results from the agency's test contractor, a school district or charter school shall disclose a student's assessment results to a student's teacher in the same subject area as the assessment for that school year.(e) A school district, charter school, or private school that administers criterion-referenced tests under TEC, Chapter 39, Subchapter B, shall accurately report to the Texas Education Agency (TEA) whether that student transferred into the school or district from out of state during the current school year.(1) Procedures for the reporting of out-of-state-transfer students to the TEA shall be established by the TEA in the applicable test administration materials. A school district, an open-enrollment charter school, or a private school administering the tests required by TEC, Chapter 39, Subchapter B, shall follow procedures specified in those test administration materials.(2) The assessment results of the out-of-state transfer students shall be reported separately to school districts from the results of the district's other students in addition to the current reporting of assessment results for all students and other student subsets.</content><note type="source"><p>Source Note: The provisions of this §101.3014 adopted to be effective March 14, 2013, 38 TexReg 1679; amended to be effective March 2, 2014, 39 TexReg 1150; amended to be effective December 10, 2015, 40 TexReg 8760; amended to be effective June 21, 2022, 47 TexReg 3535.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3015"><num value="101.3015">§101.3015</num><heading>Test Development</heading><content>(a) Texas educators shall assist Texas Education Agency staff in developing test objectives, assessment guidelines, and test items. Advisory committees composed of Texas educators shall reflect the diversity of the state by region, ethnicity, gender, and type and size of school district.(b) Each public school and charter school shall assist with field-testing and other activities necessary to implement the requirements of the Texas Education Code, Chapter 39, Subchapter B.</content><note type="source"><p>Source Note: The provisions of this §101.3015 adopted to be effective March 14, 2013, 38 TexReg 1679.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3016"><num value="101.3016">§101.3016</num><heading>National Comparative Data</heading><content>(a) In accordance with the Texas Education Code (TEC), §39.028, the commissioner of education shall develop a schedule to obtain nationally comparative results for the grades and subject areas for which academic content area assessments are adopted under the TEC, §39.023.(b) The Texas Education Agency will use sampling and other techniques to minimize the disruption to schools and loss of instructional time required of school districts to obtain nationally comparative data.(c) The nationally comparative data will be collected by using nationally recognized instruments for obtaining valid and reliable normative data from a sample of Texas students.</content><note type="source"><p>Source Note: The provisions of this §101.3016 adopted to be effective March 14, 2013, 38 TexReg 1679.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3017"><num value="101.3017">§101.3017</num><heading>Release of Tests</heading><content>During the 2014-2015 and 2015-2016 school years, the Texas Education Agency shall release test items and answer keys for primary administration assessment instruments under the Texas Education Code (TEC), §39.023(a), (b), (c), (d), and (l), after the last time the assessment is administered for the school year. The test release shall exclude any test items or test forms used in subsequent test administrations. In accordance with the TEC, §39.023(e-1), an assessment's release shall be deferred or limited if the assessment is under development or revision.</content><note type="source"><p>Source Note: The provisions of this §101.3017 adopted to be effective April 10, 2014, 39 TexReg 2573; amended to be effective December 10, 2015, 40 TexReg 8760.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3021"><num value="101.3021">§101.3021</num><heading>Required Participation in Academic Content Area Assessments</heading><content>(a) Beginning with students first enrolled in Grade 9 in the 2011-2012 school year, a student enrolled in a course for which an end-of-course (EOC) assessment exists as required by the Texas Education Code (TEC), §39.023(c), shall take the appropriate assessment.(b) A student is required to meet the EOC assessment graduation requirements of §101.3022 of this title (relating to Assessment Requirements for Graduation) to receive a Texas diploma if a student:(1) is participating in a distance-learning or correspondence course as outlined in §74.23 of this title (relating to Correspondence Courses and Distance Learning) for which there is an EOC assessment as listed in the TEC, §39.023(c); or(2) is participating in a dual-credit course as specified in §74.25 of this title (relating to High School Credit for College Courses) for which there is an EOC assessment as listed in the TEC, §39.023(c).(c) An EOC assessment administered under the TEC, §39.023(c), cannot be used for purposes of credit by examination as specified in §74.24 of this title (relating to Credit by Examination).(d) Beginning in the 2011-2012 school year, a student in Grade 8 or lower who takes a high school course for credit is required to take the applicable EOC assessment specified in the TEC, §39.023(c). The EOC assessment result shall be applied toward the student's assessment graduation requirements, as specified in §101.3022 of this title.(e) If a student earned high school credit for a course for which there is an EOC assessment as listed in the TEC, §39.023(c), prior to enrollment in a Texas public school district and the credit has been accepted by a Texas public school district, or a student completed a course for Texas high school credit in a course for which there is an EOC assessment prior to the 2011-2012 spring administration, the student is not required to take the corresponding EOC assessment as listed in the TEC, §39.023(c).(f) A student may retake an EOC assessment under the TEC, §39.023(c), only if the student previously failed the EOC assessment. A student is not required to retake a course in order to be administered a retest of an EOC assessment.</content><note type="source"><p>Source Note: The provisions of this §101.3021 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective March 25, 2014, 39 TexReg 2077; amended to be effective December 10, 2015, 40 TexReg 8761.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3022"><num value="101.3022">§101.3022</num><heading>Assessment Requirements for Graduation</heading><content>(a) Beginning with students first enrolled in Grade 9 in the 2011-2012 school year, a student must meet satisfactory performance on each end-of-course (EOC) assessment listed in Texas Education Code (TEC), §39.023(c), except in cases as provided by subsections (b), (e), and (f) of this section and §101.3021(e) of this title (relating to Required Participation in Academic Content Area Assessments), in order to be eligible to receive a Texas diploma. The standard in place when a student first takes an EOC assessment is the standard that will be maintained throughout the student's school career.(b) A student who was administered separate reading and writing EOC assessments under TEC, §39.023(c), for the English I or English II course has met that course's assessment graduation requirement if the student has met the following criteria:(1) achieved satisfactory performance on either the reading or writing EOC assessment for that course;(2) met at least the minimum score on the other EOC assessment for that course; and(3) achieved an overall scale score of 3750 or greater when the scale scores for reading and writing are combined for that course.(c) Exceptions to subsection (a) of this section related to English I shall apply to emergent bilingual students who meet the criteria specified in §101.1007 of this title (relating to Assessment Provisions for Graduation).(d) If a student failed a course but achieved satisfactory performance on the applicable EOC assessment, that student is not required to retake the assessment if the student is required to retake the course.(e) Effective beginning with the 2014-2015 school year, a student who has taken but failed to achieve the EOC assessment graduation requirements for no more than two courses may receive a Texas high school diploma if the student has qualified to graduate by means of an individual graduation committee under TEC, §28.0258.(1) A student may not graduate under an individual graduation committee if the student did not take each EOC assessment required by this subchapter or an approved substitute assessment in Subchapter DD of this chapter (relating to Commissioner's Rules Concerning Substitute Assessments for Graduation) for each course in which the student was enrolled in a Texas public school for which there is an EOC assessment. A school district or charter school shall determine whether the student took each required EOC assessment or an approved substitute assessment required by Subchapter DD of this chapter. For purposes of this section only, a student who does not make an attempt to take all required EOC assessments may not qualify to graduate by means of an individual graduation committee.(2) An emergent bilingual student who qualifies for the English I special provision in §101.1007 of this title may graduate without an individual graduation committee if the student achieves satisfactory performance on the remaining EOC assessments that the student is required to take.(A) The qualifying emergent bilingual student becomes eligible for individual graduation committee review by failing to achieve satisfactory performance on the English I EOC assessment and one other EOC assessment or by failing to achieve satisfactory performance on no more than two of the remaining EOC assessments if the student achieved satisfactory performance on the English I EOC assessment.(B) If a qualifying emergent bilingual student does graduate by means of an individual graduation committee, the student is required to complete individual graduation committee requirements for each course in which the student did not achieve satisfactory performance on the EOC assessment for that course.(3) Notwithstanding any action taken by a student's individual graduation committee, a school district or charter school must provide a student an opportunity to retake an EOC assessment under TEC, §39.023(c), if the student has not previously achieved satisfactory performance on an assessment for that course. A student is not required to retake a course in order to be administered a retest of an EOC assessment.(f) A student who is receiving special education services or has been dismissed from a special education program under TEC, Chapter 29, Subchapter A, is subject to the provisions of this subsection.(1) A student receiving special education services is not subject to the requirements in TEC, §28.0258. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.(2) A student dismissed from a special education program who achieved satisfactory performance on an alternate EOC assessment while enrolled in a special education program is not required to take and achieve satisfactory performance on the general EOC assessment to graduate. A student who took an EOC assessment while enrolled in a special education program is not required to retake and achieve satisfactory performance on the EOC assessment if the student's ARD committee determined that the student was not required to achieve satisfactory performance on the EOC assessment to graduate. A student dismissed from a special education program must achieve satisfactory performance on any remaining EOC assessments that the student is required to take. If the student fails to achieve satisfactory performance on no more than two of the remaining EOC assessments, the student is eligible for individual graduation committee review under TEC, §28.0258, and is subject to the provisions of subsection (e) of this section.</content><note type="source"><p>Source Note: The provisions of this §101.3022 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective July 3, 2013, 38 TexReg 4183; amended to be effective March 25, 2014, 39 TexReg 2077; amended to be effective September 6, 2015, 40 TexReg 5458; amended to be effective December 5, 2017, 42 TexReg 6794; amended to be effective October 15, 2019, 44 TexReg 5900; amended to be effective August 9, 2022, 47 TexReg 4675.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3023"><num value="101.3023">§101.3023</num><heading>Participation and Graduation Assessment Requirements for Students Receiving Special Education Services</heading><content>(a) As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.(b) Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's IEP will be assessed using alternate versions of end-of-course (EOC) assessments as listed in §101.3011(b)(2) of this title (relating to Implementation and Administration of Academic Content Area Assessment Instruments).(c) For the 2011-2012 through 2013-2014 school years, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an alternative version of an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP. Beginning with the 2014-2015 school year, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, whose IEP does not specify the administration of an alternate assessment and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP.</content><note type="source"><p>Source Note: The provisions of this §101.3023 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective March 25, 2014, 39 TexReg 2077.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3024"><num value="101.3024">§101.3024</num><heading>Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year</heading><content>(a) Students who were first enrolled in Grade 9 prior to the 2011-2012 school year or enrolled in Grade 10 or above in the 2011-2012 school year must fulfill testing requirements for graduation with the assessments required by Texas Education Code (TEC), §39.023(c), as that section existed before amendment by Senate Bill (SB) 1031, 80th Texas Legislature, 2007. For purposes of this section, coursework necessary to graduate means all the coursework required under the student's graduation plan.(b) With the exception of students who meet the criteria described in subsection (c) of this section, students who were enrolled as follows shall fulfill testing requirements for graduation with the assessments as required by TEC, §39.023(c), as that section existed before amendment by SB 1031, 80th Texas Legislature, 2007, with the applicable performance standards established by the commissioner of education and published on the Texas Education Agency (TEA) website:(1) in Grade 9 or higher on January 1, 2001, regardless of when they are scheduled to graduate; or(2) in Grade 8 or lower on January 1, 2001, if they were on an accelerated track and fulfilled all coursework necessary to graduate by September 1, 2004.(c) A student who entered Grade 11 in the 1989-1990 school year or an earlier school year shall fulfill testing requirements for graduation with assessments as required by TEC, §39.023(c), as that section existed before amendment by SB 1031, 80th Texas Legislature, 2007, under an applicable performance standard established by the commissioner of education that corresponds to the performance standard in effect for the exit-level Texas Educational Assessment of Minimum Skills (TEAMS) when the student was first eligible to take the exit-level TEAMS. Performance standards that apply to TEAMS students will be published on the TEA website.(d) A student fulfilling testing requirements under subsection (b) of this section will be required to take only those sections of the exit-level Texas Assessment of Knowledge and Skills (TAKS) that correspond to the subject areas formerly assessed by the exit-level Texas Assessment of Academic Skills (TAAS) (reading, writing, and mathematics) for which the student has not yet met the passing standard.(1) If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS English language arts (ELA) test.(2) If a student has not yet met the passing standard on TAAS writing, the student will be administered only the writing prompt and the revising and editing multiple-choice items from the TAKS ELA test.(e) A student fulfilling testing requirements under subsection (c) of this section will be required to take only those sections of the exit-level TAKS that correspond to the subject areas formerly assessed by the exit-level TEAMS (reading and mathematics) for which the student has not yet met the passing standard. If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS ELA test.(f) Effective beginning with the 2017-2018 school year, a student who has taken but failed to meet assessment graduation requirements under this section may receive a Texas high school diploma if the student has qualified to graduate in accordance with TEC, §28.02541. A student may not graduate under TEC, §28.02541, if the student did not take each assessment instrument or the part of the assessment instrument for which the student has not performed satisfactorily at least three times.(g) Notwithstanding any of the requirements in subsections (a)-(f) of this section, students who pass all of the required exit-level TAKS tests or meet the alternate assessment requirements of Chapter 101, Subchapter DD, of this title (relating to Commissioner's Rules Concerning Substitute Assessments for Graduation) have fulfilled their testing requirements for graduation.(h) Beginning with the 2011-2012 school year, students first enrolled in Grade 9 or lower must fulfill testing requirements for graduation with the end-of-course assessment instruments, as specified in TEC, §39.023(c), as amended by SB 1031, 80th Texas Legislature, 2007.</content><note type="source"><p>Source Note: The provisions of this §101.3024 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective November 5, 2017, 42 TexReg 6144; amended to be effective October 15, 2019, 44 TexReg 5901; amended to be effective August 9, 2022, 47 TexReg 4675.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3031"><num value="101.3031">§101.3031</num><heading>Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments</heading><content>(a) Security and confidentiality.(1) All assessment instruments included in the student assessment program are considered secure, and the contents of these tests, including student information used or obtained in their administration, are confidential.(2) School districts and campuses, the superintendent and campus principals in each school district, open-enrollment charter schools and campuses, and the chief administrative officer and campus principals of each charter school shall:(A) implement and ensure compliance with state test administration procedures and training activities;(B) notify the Texas Education Agency (TEA) as soon as the school district or charter school becomes aware of any alleged or suspected violation of the security or confidential integrity of a test as listed in paragraph (3) of this subsection;(C) report all confirmed testing violations to TEA within 10 working days of the school district or charter school becoming aware of the violation in accordance with the reporting process stipulated in the test administration materials;(D) ensure that the only individuals with access to secure test materials are school district or charter school employees who have:(i) met the requirements to participate in the student assessment program;(ii) received training in test security and test administration procedures; and(iii) signed an oath affirming they understand their obligation to maintain and preserve the security and confidentiality of all state assessments and student information, acknowledge their responsibility to report any suspected testing violation, and are aware of the range of penalties that may result from a violation of test security and confidentiality or a departure from test administration procedures; and(E) ensure the security of the test materials by:(i) verifying that all boxes of testing materials have been accounted for and match the school district or charter school shipping notices upon receipt from the state's testing contractor(s);(ii) requiring campuses to immediately inventory all testing materials received and to notify the school district or charter school testing coordinator of any shortages or discrepancies;(iii) immediately notifying the state's testing contractor(s) of any discrepancies between the materials received and the school district, charter school, and campus shipping notices;(iv) placing test booklets and answer documents in secure, limited-access, locked storage when not in use;(v) collecting and destroying any scratch paper, graph paper, or reference materials that students have written on, as well as any recordings, after the completion of a test administration;(vi) requiring that all secure materials assigned to individual campuses have been accounted for and packaged in accordance with the procedures for returning materials as detailed in the test administration materials;(vii) requiring that all test item image cards and photocopies or reproductions of secure test materials have been collected and returned to the school district or charter school testing coordinator for return to the testing contractor(s); and(viii) maintaining inventory and shipping records for five years.(3) Violations of the security and confidential integrity of a test include:(A) directly or indirectly assisting students with responses to test questions;(B) tampering with student responses;(C) falsifying holistic ratings or student responses;(D) viewing secure test content before, during, or after an administration unless specifically authorized by TEA or by the procedures outlined in the test administration materials;(E) discussing or disclosing secure test content or student responses;(F) scoring students' tests, either formally or informally;(G) duplicating, recording, or electronically capturing confidential test content unless specifically authorized by TEA or by the procedures outlined in the test administration materials;(H) responding to secure test questions;(I) fraudulently exempting or preventing a student from participating in the administration of a required state assessment;(J) receiving or providing unallowable assistance during calibration activities (e.g., taking notes, providing answer sheets, or sharing answers);(K) encouraging or assisting an individual to engage in the conduct described in subparagraphs (A)-(J) of this paragraph or in any other serious violation of security and confidentiality;(L) failing to report to an appropriate authority that an individual has engaged or is suspected of engaging in conduct described in subparagraphs (A)-(K) of this paragraph or in any other serious violation of security and confidentiality under this section;(M) failing to implement sufficient procedures to prevent student cheating; and(N) failing to implement sufficient procedures to prevent alteration of test documents by anyone other than the student.(4) If a school district or charter school determines that a student has cheated or attempted to cheat on a state assessment either by providing or receiving direct assistance, the school district or charter school shall invalidate the student's test results.(5) Any violation of test security or confidential integrity may result in the TEA:(A) invalidating student test results;(B) referring certified educators to the State Board for Educator Certification for sanctions in accordance with Chapter 247 of this title (relating to Educators' Code of Ethics) and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases); and(C) lowering the school district's or charter school's accreditation status or a school district's, charter school's, or campus's accountability rating in accordance with Texas Education Code (TEC), §39.003(d), or appointment of a monitor, conservator, or management team to the school district or charter school in accordance with TEC, Chapter 39A.(b) Test administration procedures. Test administration procedures shall be delineated in the test administration materials provided to school districts and charter schools annually. Districts and charter schools must comply with all of the applicable requirements specified in the test administration materials. Test administration materials shall include, but are not limited to, the following:(1) general testing program information;(2) procedures for maintaining the security and confidentiality of state assessments;(3) procedures for test administration;(4) responsibilities of personnel involved in test administration; and(5) procedures for materials control.(c) Training activities. School districts and charter schools shall ensure that test coordinators and administrators receive training to ensure that testing personnel have the necessary skills and knowledge required to administer assessment instruments in a valid, standardized, and secure manner.(d) Records retention. As part of test administration procedures, the commissioner shall require school districts and charter schools to maintain records related to the security of assessment instruments for five years.(e) Applicability. The required test administration procedures and training activities established annually in the test administration manuals and test security supplements for prior years remain in effect for all purposes with respect to the prior year to which they apply.</content><note type="source"><p>Source Note: The provisions of this §101.3031 adopted to be effective March 26, 2012, 37 TexReg 2083; amended to be effective March 27, 2013, 38 TexReg 1974; amended to be effective March 30, 2014, 39 TexReg 2287; amended to be effective February 16, 2015, 40 TexReg 702; amended to be effective March 15, 2016, 41 TexReg 1835; amended to be effective March 19, 2017, 42 TexReg 1121; amended to be effective January 31, 2018, 43 TexReg460;amended to be effective April 23, 2019, 44 TexReg 1985; amended to be effective January 11, 2022, 47 TxReg 27.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scCC/s101.3041"><num value="101.3041">§101.3041</num><heading>Performance Standards</heading><content>(a) The commissioner of education shall determine the level of performance considered to be satisfactory on the assessment instruments. The figures in this section identify the performance standards established by the commissioner for state-developed assessments, as required by the Texas Education Code, Chapter 39, Subchapter B, for each assessment.(b) The figures in this subsection identify the performance standards established by the commissioner for the State of Texas Assessments of Academic Readiness (STAAR®) general and alternate assessments at Grades 3-8.(1) The figure in this paragraph identifies the STAAR® performance standards at Grades 3-8.Attached Graphic(2) The figure in this paragraph identifies the STAAR® Alternate 2 performance standards at Grades 3-8.Attached Graphic(c) For students first enrolled in Grade 9 or below in the 2011-2012 school year, the figures in this subsection identify the performance standards established by the commissioner for the STAAR® end-of-course (EOC) general and alternate assessments. The standard in place when a student first takes a STAAR® EOC assessment is the standard that will be maintained on all EOC assessments throughout the student's high school career.(1) The figure in this paragraph identifies the STAAR® EOC assessment performance standards.Attached Graphic(2) The figure in this paragraph identifies the STAAR® Alternate 2 EOC assessment performance standards.Attached Graphic(d) The Texas Education Agency shall post annually to its website a 100-point score conversion table after the STAAR® assessment spring administration. The 100-point scale is defined using percentiles, which represent the percentage of students across the state that took the assessment and received a scale score less than the scale score of interest. The percentile is based on the performance of students who took the assessment during the spring administration of any given year.(1) The following formula is used to calculate the percentile p(S) for a scale score S: p(S) = x/N x 100.(2) In the formula in paragraph (1) of this subsection, N is the total number of students who took the tests, and x is the number of students with scale scores less than S. If the calculated percentile is not a whole number, then it is rounded down to the closest whole number.</content><note type="source"><p>Source Note: The provisions of this §101.3041 adopted to be effective August 21, 2012, 37 TexReg 6306; amended to be effective July 3, 2013, 38 TexReg 4183; amended to be effective June 22, 2014, 39 TexReg 4766; amended to be effective March 11, 2015, 40 TexReg 1081; amended to be effective January 6, 2016, 41 TexReg 240; amended to be effective April 16, 2017, 42 TexReg 1893; amended to be effective May 29, 2019, 44 TexReg 2612; amended to be effective February 21, 2024, 49 TexReg 865.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING SUBSTITUTE ASSESSMENTS FOR GRADUATION</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scDD/s101.4001"><num value="101.4001">§101.4001</num><heading>Testing Requirements for Graduation</heading><content>Each school district and charter school shall test eligible students in accordance with the Texas Education Code (TEC), Chapter 39, Subchapter B. All students must meet the assessment graduation requirements of Chapter 101, Subchapter CC, Division 2, of this title (relating to Participation and Assessment Requirements for Graduation) to qualify for a high school diploma from a Texas public school.</content><note type="source"><p>Source Note: The provisions of this §101.4001 adopted to be effective April 3, 2006, 31 TexReg 2857; amended to be effective December 16, 2013, 38 TexReg 9024.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scDD/s101.4002"><num value="101.4002">§101.4002</num><heading>State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments</heading><content>(a) For purposes of this subchapter, "equivalent course" is defined as a course having sufficient content overlap with the essential knowledge and skills of a similar course in the same content area listed under §74.1(b)(1)-(4) of this title (relating to Essential Knowledge and Skills).(b) Effective beginning with the 2011-2012 school year, in accordance with Texas Education Code (TEC), §39.025(a-1), (a-2), and (a-3), the commissioner of education adopts certain assessments as provided in the chart in this subsection as substitute assessments that a student may use in place of a corresponding end-of-course (EOC) assessment under TEC, §39.023(c), to meet the student's assessment graduation requirements. A satisfactory score on an approved substitute assessment may be used in place of only one specific EOC assessment, except in those cases described by subsection (d)(1) of this section.Attached Graphic(c) A student at any grade level is eligible to use a substitute assessment as provided in the chart in subsection (b) of this section if:(1) a student was administered an approved substitute assessment for an equivalent course in which the student was enrolled;(2) a student received a satisfactory score on the substitute assessment as determined by the commissioner and provided in the chart in subsection (b) of this section; and(3) a student using a Texas Success Initiative Assessment (TSIA) or a Texas Success Initiative Assessment, Version 2.0 (TSIA2) also meets the requirements of subsection (d) of this section.(d) Effective beginning with the 2014-2015 school year, a student must meet criteria established in paragraph (1) or (2) of this subsection in order to qualify to use TSIA or TSIA2 as a substitute assessment.(1) A student must have been enrolled in a college preparatory course for English language arts (PEIMS code CP110100) or mathematics (PEIMS code CP111200) and, in accordance with TEC, §39.025(a-1), have been administered an appropriate TSIA or TSIA2 at the end of that course.(A) A student under this paragraph who meets all three TSIA or both TSIA2 English language arts score requirements provided in the figure in subsection (b) of this section satisfies both the English I and English II EOC assessment graduation requirements.(B) A student under this paragraph may satisfy an assessment graduation requirement in such a manner regardless of previous performance on an Algebra I, English I, or English II EOC assessment.(2) In accordance with TEC, §39.025(a-3), a student who has not been successful on the Algebra I or English II EOC assessment after taking the assessment at least two times may use the corresponding TSIA or TSIA2 in place of that EOC assessment. For a student under this paragraph who took separate reading and writing assessments for the English II EOC assessment and who did not meet the English II assessment graduation requirement using those tests as specified in §101.3022(b) of this title (relating to Assessment Requirements for Graduation), the separate reading or writing TSIA may not be used to substitute for the corresponding English II reading or writing EOC assessment.(e) A student electing to substitute an assessment for graduation purposes must still take the corresponding EOC assessment required under TEC, §39.023(c), at least once for federal accountability purposes. If a student sits for an EOC assessment, a school district may not void or invalidate the test in lieu of a substitute assessment.(f) A student who fails to perform satisfactorily on a PSAT or PreACT test (or any versions of these tests) as indicated in the chart in subsection (b) of this section must take the appropriate EOC assessment required under TEC, §39.023(c). However, a student who does not receive a passing score on the EOC assessment and retakes a PSAT or PreACT test (or any versions of these tests) is eligible to meet the requirements specified in subsection (c) of this section.</content><note type="source"><p>Source Note: The provisions of this §101.4002 adopted to be effective December 16, 2013, 38 TexReg 9024; amended to be effective December 10, 2015, 40 TexReg 8762; amended to be effective July 26, 2017, 42 TexReg 3638; amended to be effective January 8, 2019, 44 TexReg 94; amended to be effective February 23, 2020, 45 TexReg 1222; amended to be effective March 30, 2021, 46 TexReg 2008; amended to be effective August 9, 2022, 47 TexReg 4675; amended to be effective July 7, 2025, 50 TexReg 3909.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scDD/s101.4003"><num value="101.4003">§101.4003</num><heading>Texas Assessment of Knowledge and Skills Exit-Level Alternate Assessments</heading><content>(a) In accordance with the Texas Education Code (TEC), Chapter 39, Subchapter B, the commissioner of education adopts certain assessments as provided in the figure in this subsection as alternate assessments that a person may use in place of corresponding Texas Assessment of Knowledge and Skills (TAKS) exit-level assessments beginning in the fall of 2017.Attached Graphic(b) An eligible person who has met the passing standard on a state-approved alternate exit-level assessment as set by the commissioner and provided in the figure in subsection (a) of this section in a particular subject area has satisfied the exit-level testing requirement in that subject area.(c) A person is eligible to substitute an alternate exit-level assessment for a TAKS exit-level assessment for purposes of this subchapter if the person was first enrolled in Grade 9 prior to the 2011-2012 school year or first enrolled in Grade 10 or above in the 2011-2012 school year.</content><note type="source"><p>Source Note: The provisions of this §101.4003 adopted to be effective April 3, 2006, 31 TexReg 2857; amended to be effective December 16, 2013, 38 TexReg 9024; amended to be effective November 5, 2017, 42 TexReg 6144; amended to be effective May 28, 2024, 49 TexReg 3798.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scDD/s101.4005"><num value="101.4005">§101.4005</num><heading>Verification of Results</heading><content>(a) A student who is eligible to substitute an approved assessment as specified in §101.4002 of this title (relating to State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments) or §101.4003 of this title (relating to Texas Assessment of Knowledge and Skills Exit-Level Alternative Assessments) is responsible for providing to the school district an official copy of his or her scores from that assessment.(b) A school district or charter school must, upon receipt of official results from an approved substitute or alternative assessment for a student who is eligible under this section:(1) verify the student's score on the substitute or alternative assessment; and(2) determine whether the student met the performance standard required to qualify for a public high school diploma in Texas as established by the commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §101.4005 adopted to be effective April 3, 2006, 31 TexReg 2857; amended to be effective December 16, 2013, 38 TexReg 9024.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scEE"><num value="EE">SUBCHAPTER EE</num><heading>COMMISSIONER'S RULES CONCERNING THE STATEWIDE TESTING CALENDAR AND UIL PARTICIPATION</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scEE/s101.5001"><num value="101.5001">§101.5001</num><heading>Testing Calendar</heading><content>(a) In accordance with Texas Education Code (TEC), §33.0812, the commissioner of education shall determine the school week during the school year in which the primary administrations of assessment instruments are administered. The primary administrations of assessments occur during the first week of each testing window when assessments are scheduled for the state. For the purpose of scheduling assessment instruments during the primary administration week under TEC, §39.023(a) and (c), the first instructional day of a week is Monday.(b) Through publication on the Texas Education Agency website, the commissioner shall provide the University Interscholastic League (UIL) with a three-year calendar of dates, beginning with the 2006-2007 school year, reserved for testing on or before May 1 of the year preceding the three-year cycle of reserved testing dates.(c) The commissioner may change the dates reserved for testing as necessary. The commissioner shall notify the UIL of any changes to the schedule for the primary administrations of the statewide assessments.(d) If a change to the primary administration testing calendar creates a scheduling conflict between a UIL area, regional, or state competition and the statewide assessments, the commissioner shall determine whether those UIL events must be cancelled or rescheduled.</content><note type="source"><p>Source Note: The provisions of this §101.5001 adopted to be effective April 3, 2006, 31 TexReg 2858; amended to be effective November 10, 2019, 44 TexReg 6879; amended to be effective October 13, 2020, 45 TexReg 7249; amended to be effective January 10, 2023, 48 TexReg 45.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scEE/s101.5003"><num value="101.5003">§101.5003</num><heading>Alternate Test Dates</heading><content>(a) The commissioner of education shall consider requests from districts or campuses for alternate test dates on a case-by-case basis. Alternate test dates will only be allowed if the campus or district is closed on the day on which testing is scheduled or if there is an exceptional circumstance as defined under this section that may affect a district's or campus' ability to administer an assessment or the students' performance on an assessment.(b) For the purposes of this section, exceptional circumstances include but are not limited to the following:(1) inclement weather or natural disasters that would cause a district or a campus to be closed or which would cause a small percentage of students to be in attendance on the day testing is scheduled;(2) health epidemics that result in a large number of students being absent on the day of testing;(3) death of a student or school official that may impact student performance; and(4) sudden emergencies that occur on the day of testing or shortly before testing that may inhibit students from completing the assessments, such as a fire on campus, a bomb threat, an extended power outage, or a water main break.(c) If an alternate test date for the primary test administration is approved, the commissioner may prohibit the district or campus from participating in UIL competitions on the new test date if that is determined to be in the best interest of the district, campus, and students.</content><note type="source"><p>Source Note: The provisions of this §101.5003 adopted to be effective April 3, 2006, 31 TexReg 2858.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c101/scFF"><num value="FF">SUBCHAPTER FF</num><heading>COMMISSIONER'S RULES CONCERNING DIAGNOSTIC ASSESSMENT</heading><section identifier="/us/state/tx/tac/t19/p2/c101/scFF/s101.6001"><num value="101.6001">§101.6001</num><heading>Texas Middle School Diagnostic Reading Assessment</heading><content>(a) Each school district shall administer during the first six weeks of the school year the diagnostic reading instrument specified in subsection (c) of this section to each student in Grade 7 whose performance on the Grade 6 statewide reading assessment did not meet the passing standard. The admission, review, and dismissal committee or the Section 504 committee for each student who was administered an alternate form of the state assessment in reading may determine if the diagnostic assessment is appropriate for use with that student.(b) A student in Grade 7 who does not have a score for the statewide reading assessment in Grade 6 may be given an equivalent comprehension assessment. If that student does not meet the passing standard, then the student must be administered the diagnostic reading assessment specified in subsection (c) of this section.(c) A school district must use the Texas Middle School Fluency Assessment and/or an alternate diagnostic reading instrument approved by the Texas Education Agency (TEA). A district may submit to the TEA an alternate diagnostic reading instrument for approval.(d) An alternate diagnostic reading instrument must:(1) be based on published scientific research in reading;(2) be age and grade-level appropriate, valid, and reliable;(3) identify specific skill difficulties in word analysis, fluency, and comprehension; and(4) assist the teacher in making individualized instructional decisions based on the assessment results.(e) A school district shall provide additional reading instruction and intervention to each student in Grade 7 who did not meet the passing standard on the Grade 6 state assessment in reading as appropriate to improve the student's reading skills in the areas of need identified by the diagnostic reading assessment.</content><note type="source"><p>Source Note: The provisions of this §101.6001 adopted to be effective October 14, 2008, 33 TexReg 8500; amended to be effective July 17, 2016, 41 TexReg 5050.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c101/scFF/s101.6003"><num value="101.6003">§101.6003</num><heading>Local Assessments</heading><content>(a) For purposes of Texas Education Code, §39.0262 and §39.0263, an assessment instrument designed to prepare students for state-administered assessment instruments is an assessment that:(1) evaluates students' potential performance relative to the state's blueprint in whole for a state-administered assessment; or(2) is primarily focused on test-taking techniques.(b) Subsection (a) of this section does not include an assessment designed to evaluate:(1) students' mastery of parts of the Texas Essential Knowledge and Skills; or(2) the efficacy of instructional practice.</content><note type="source"><p>Source Note: The provisions of this §101.6003 adopted to be effective July 22, 2019, 44 TexReg 3631.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c102"><num value="102">CHAPTER 102</num><heading>EDUCATIONAL PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING EARLY CHILDHOOD EDUCATION PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scAA/s102.1001"><num value="102.1001">§102.1001</num><heading>Head Start Educational Component Grant Program</heading><content>(a) Each applicant seeking funding through the Head Start Educational Component Grant Program under the Texas Education Code, §29.156, must submit an application in a format prescribed by the commissioner of education through a request for application (RFA). Once funded, the applicant shall comply with the provisions of the Texas Education Code, §29.156, and the Texas Human Resources Code, Chapter 72.(b) Eligible applicants include public, private, nonprofit, or for-profit organizations or agencies operating a federal Head Start Program or similar government-funded early childhood care and education programs. Head Start Program is defined as the federal program established under the Head Start Act (42 United States Code, §9831 et seq.) and its subsequent amendments.(c) An eligible applicant receiving funds under this program must provide educational services to all children participating in the program so that each child is prepared to enter school and is ready to learn after completing the program. The educational services must include components designed to enable a child to:(1) develop phonemic, print, and numeracy awareness, including the ability to:(A) recognize that letters of the alphabet are a special category of visual graphics that can be individually named;(B) recognize a word as a unit of print;(C) identify at least ten letters of the alphabet; and(D) associate sounds with written words;(2) understand and use language to communicate for various purposes;(3) understand and use an increasingly complex and varied vocabulary;(4) develop and demonstrate an appreciation of books; and(5) progress toward mastery of the English language, if the child's primary language is a language other than English.(d) Minimal levels of overall program performance, including education performance standards, must be incorporated into the program to ensure the school readiness of children participating in the program upon completion of the Head Start Program and prior to entering school.(e) Applicants will be required to assess the impact of the services provided to children to ensure that the children participating in the program are able to demonstrate the educational components specified in subsection (c) of this section.(f) Program funds must be used in accordance with the requirements stated in the RFA. All costs under the Head Start Educational Component Grant Program must be necessary and reasonable for carrying out the objectives of the program and for the proper and efficient performance and administration of the program.(g) For audit purposes, applicants must maintain documentation to support each of the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §102.1001 adopted to be effective December 26, 1999, 24 TexReg 11334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scAA/s102.1002"><num value="102.1002">§102.1002</num><heading>Prekindergarten Early Start Grant Program</heading><content>(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise.(1) Eligible student--A child is eligible for enrollment in a prekindergarten class under this section if the child is at least three years of age and meets eligibility criteria consistent with the Texas Education Code (TEC), §29.153.(2) Licensed child care--Child care that meets the requirements adopted by the Texas Department of Family and Protective Services under the Human Resources Code, §42.002(3).(3) Nonprofit--An organization that meets the requirements of the United States Code, Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Section 501(a).(4) Partner--A non-public school organization collaborating with a public school to provide an educational component to eligible prekindergarten children.(5) Prekindergarten Early Start Grant Program--A program established in accordance with the TEC, §29.155, to administer grant funds to implement and expand prekindergarten programs.(6) Prekindergarten site--A public or non-public school classroom where teachers work with three- and four-year-old children in a prekindergarten school readiness program.(7) Proven school readiness components--The components of proven school readiness are:(A) a high-quality, developmentally appropriate, and rigorous curriculum, based on the Texas Prekindergarten Guidelines;(B) continuous monitoring of student progress in the classroom; and(C) professional development, including mentoring, to promote student achievement.(8) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.(9) School readiness certification system (SRCS)--In accordance with the TEC, §29.161, the school readiness certification system is a valid, research-based automated system provided by the State Center for Early Childhood Development through which an early childhood education program submits an application demonstrating the program's record of cognitive, social, and emotional development of young children to be certified as a school ready program.(10) School readiness integration--In accordance with the TEC, §29.158, school readiness integration refers to cooperative strategies to share resources across public and non-public program delivery organizations in a community or communities that may include, but are not limited to:(A) sharing certified or highly qualified teachers so that every child in each targeted classroom receives a minimum of three hours daily of high-quality skill development consistent with developing children's social and emotional well-being;(B) developing a comprehensive instructional framework, based on the Texas Prekindergarten Guidelines, consisting of common performance goals that encompass the unique characteristics of each individual organization responsible for preparing young children for school success;(C) sharing physical space if one organization lacks capacity while another has available capacity;(D) conducting joint professional development programs that focus on proven school readiness components, including the Texas Prekindergarten Guidelines; and(E) adopting similar approaches to student progress monitoring to inform classroom instruction.(11) School readiness integration partnership--A collaboration among public prekindergarten programs and local workforce development boards, Head Start providers, college or university early childhood programs, and/or providers of private for-profit or nonprofit licensed child care services that provides a school readiness component to eligible prekindergarten students.(12) School ready or school readiness--A term that refers to a child being able to function competently in a school environment in the areas of early language and literacy, mathematics, and social skills as objectively measured by state-approved assessment instruments.(13) Shared services arrangement (SSA)--An agreement between two or more school districts and/or education service centers (ESCs) that provides services for entities involved.(14) State Center for Early Childhood Development (SCECD)--The state center for early childhood education research and training for early childhood teachers and caregivers administered by The University of Texas Health Science Center at Houston.(15) Texas Prekindergarten Guidelines--Guidelines approved by the commissioner of education that offer detailed descriptions of expected behaviors across multiple skill domains that should be observed in four- to five-year-old children by the end of their prekindergarten experience. The guidelines are to prepare prekindergarten children to master the skills and concepts in each subject area specified in §74.1 of this title (relating to Essential Knowledge and Skills) in the kindergarten Texas Essential Knowledge and Skills.(16) Tier 1 grantee--An applicant not currently eligible to receive funds under Tier 2 eligibility criteria.(17) Tier 2 grantee--An applicant that participated as a Tier 2 grantee in the Prekindergarten Early Start Grant Program in school years 2009-2010 and 2010-2011 that is eligible to receive continuation funding.(b) Eligibility. Eligible applicants include school districts, open-enrollment charter schools, and ESCs operating as the fiscal agent of an SSA. An applicant may apply for Prekindergarten Early Start Grant Program funds if the applicant meets the criteria for a grantee as defined in subsection (a)(16) or (17) of this section and:(1) establishes a school readiness integration partnership;(2) demonstrates how the applicant will measure student progress based on proven school readiness components and the SRCS in accordance with TEC, §29.161; and(3) demonstrates a commitment to adopt a kindergarten reading diagnostic assessment instrument compatible with the requirements for submission of kindergarten data to the SRCS.(c) Application and grant award.(1) An eligible applicant must submit a Prekindergarten Early Start Grant Program application in accordance with the instructions provided by the Texas Education Agency (TEA).(2) An applicant must document in the grant application its locally adopted procedures for:(A) determining which eligible students will participate in the program;(B) implementing a strategic plan encouraging eligible students to attend the program; and(C) sustaining the level of program quality and services following the term of the grant period.(3) Each applicant shall provide evidence that before establishing a new prekindergarten program, the school district considered the possibility of sharing use of an existing Head Start or other licensed child care prekindergarten site as a prekindergarten site.(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection for funding. In the case of an application selected for funding, notification to the grantee will include the contractual conditions which the grantee must accept in accordance with state law.(e) Funding. Funding allocations may take into account the percentage of educationally disadvantaged students served in the district, in addition to other funding allocation methods as determined by the commissioner annually in the grant application. Contingent upon adequate appropriations, distribution of funds will be according to the following funding structure.(1) Tier 1 funding. The highest percentage of available funding will be proportionately awarded to Tier 1 grantees. Funding will be provided for a period not to exceed five years from year one of grant application approval and will be based on annual accomplishment of grant objectives and requirements set forth in the application in subsequent years of the five-year cycle.(A) Grants will be awarded first to Tier 1 applicants whose average student performance over the last three consecutive years on the Grade 3 assessment instruments administered under the TEC, §39.023, is substantially below state average and whose application score meets a minimum score as defined in the grant application.(B) Any funds remaining after all grants for Tier 1 applicants meeting criteria defined in subparagraph (A) of this paragraph have been awarded may be awarded to Tier 1 applicants whose average student performance over the last three consecutive years on the Grade 3 assessment instruments administered under the TEC, §39.023, is at or above the state average and whose application score meets a minimum score as defined in the grant application.(2) Tier 2 funding. A percentage of available funding will be awarded to Tier 2 grantees on a continuation basis. Continuation funding will be provided for a period not to exceed three years or through the 2011-2012 school year.(f) Allowable expenditures. Allowable expenditures include, but are not limited to, the following:(1) expenditures related to the continuation of existing full-day prekindergarten programs;(2) personnel costs related to the teaching personnel needed to expand prekindergarten programs to meet the requirements of at least six hours of instruction by a certified teacher each day;(3) curriculum materials based on scientific research that are consistent with the Texas Prekindergarten Guidelines and designed to improve the school readiness of preschool children;(4) equipment, including computers and other technology;(5) leases for space for prekindergarten programs;(6) costs associated with developing plans for and entering into integrated school readiness partnerships, including costs associated with infrastructure and administration of the program and partnership;(7) training activities on proven school readiness components conducted by the SCECD or another provider;(8) costs associated with the grantee's participation in the SRCS; and(9) indirect costs.(g) Unallowable expenditures. Grant funds may not be expended on the following:(1) portable buildings;(2) construction of classroom space;(3) renovation or remodeling of existing space; or(4) expenditures related to students who are not eligible for the program.(h) Conditions of operation.(1) Each grantee must agree to submit all information requested by the TEA through periodic activity/progress reports, a final evaluation report, and other activities related to the evaluation of the program. Reports must be submitted in the prescribed time and must contain all requested information in the prescribed format. These reports will be used by the TEA to evaluate the implementation and progress of grant-funded programs and to determine if modifications or adjustments to the program are necessary.(2) Each grantee must provide a prekindergarten program designed to develop children's school readiness that is aligned with the Texas Prekindergarten Guidelines.(3) Each grantee must collaborate in a school readiness integration partnership as established in its grant application. In coordinating school readiness services under this section and in making any related decision to contract with partners such as local workforce development boards, Head Start and Early Head Start providers, licensed child care providers, or other licensed private for-profit or nonprofit child care services providers, a school district shall give preference to entities willing to commit through mutual agreement to implement proven school readiness components that are aligned with the Texas Prekindergarten Guidelines, including participation in:(A) the SRCS in accordance with the TEC, §29.161;(B) a nationally recognized accrediting organization approved by the Texas Workforce Commission and the Texas Department of Family and Protective Services; or(C) the Texas Rising Star Provider certification program administered by the Texas Workforce Commission.(4) Each grantee must develop and implement, throughout the duration of the grant period, a sustainability plan to continue the quality and level of services of the program after the grant period ends. The sustainability plan must include continuation of the school readiness integration plan and participation in the SRCS.(i) Continuation funding. All continuation funding will be awarded according to the tier funding structure described in subsection (e) of this section. To receive continuation funding for the Prekindergarten Early Start Grant Program, all grantees must reapply for funding each year of the grant cycle and meet all applicable performance standards included in the prior year's grant agreement. A Tier 2 grantee applying for funding in year three must present valid, research-based empirical data as evidence that the grantee has implemented a prekindergarten program that includes proven school readiness components.(j) Exemptions.(1) The requirement in subsection (h)(3) of this section for a school readiness integration partnership may be exempted if Head Start and/or licensed child care programs required for school readiness integration planning are unavailable in a local community. A school district must provide proof of inability to enter into a school readiness integration partnership by submitting an Exemption Request form in the grant application signed by the superintendent or his/her designee, including a statement signed by the authorized member of the school district's board of trustees certifying inability to submit the required school readiness integration plan based upon unavailability of eligible entities and programs with which to coordinate. An open-enrollment charter school board may also provide a statement certifying inability to enter into a school readiness integration plan based on limitations of the approved charter.(2) All requests for exemptions from program requirements must be submitted as part of the application.(3) A Tier 2 grantee may request an exemption from the requirement in subsection (b)(2) of this section to participate in the SRCS if the Tier 2 grantee was not using a Kindergarten reading diagnostic instrument compatible with the SRCS by April 2, 2009, the original adoption date of this section. The grantee will be required to establish a policy for providing another source of valid and reliable data to demonstrate program effectiveness. Approval of a request for an exemption from the requirement to participate in the SRCS will also apply to the condition of operation specified in subsection (h)(3)(A) of this section. However, a district receiving such an exemption will be required to allow evaluation of Kindergarten-Grade 2 student performance by the state, or its designee or its evaluator, using a Kindergarten reading diagnostic instrument compatible with the SRCS or any other developmentally appropriate diagnostic assessment instrument.(k) Technical assistance. The TEA or its contractors will provide technical assistance, contingent on available funding, to implement proven school readiness components to selected school districts and their school readiness integration partners. Based on a comprehensive analysis of student performance, SRCS results, periodic activity/progress reports, final evaluation reports, and other relevant data from grantees, selected grantees and their school readiness integration partners will be required to participate in the technical assistance.(l) Evaluation. Each grantee operating a prekindergarten program using Prekindergarten Early Start Grant Program funds must comply with evaluation procedures consistent with the TEC, §29.154, in a manner established by the commissioner. Annual submission of evaluation reports based on program quality and student performance will be required in the manner and time set forth in the application for funding.(m) Revocation.(1) The commissioner may revoke a grant award for the Prekindergarten Early Start Grant Program based on the following factors:(A) noncompliance with application assurances and/or the provisions of this section;(B) lack of program success as evidenced by progress reports and program data;(C) failure to participate in data collection and audits;(D) failure to meet performance standards specified in the application; or(E) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the Prekindergarten Early Start Grant Program.(2) A decision by the commissioner to revoke the grant award of a Prekindergarten Early Start Grant Program is final and may not be appealed.(n) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.(o) Implementation. The funding structure delineated in subsection (e) of this section takes effect beginning with school year 2011-2012.</content><note type="source"><p>Source Note: The provisions of this §102.1002 adopted to be effective April 2, 2009, 34 TexReg 2129; amended to be effective June 26, 2011, 36 TexReg 3717.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scAA/s102.1003"><num value="102.1003">§102.1003</num><heading>High-Quality Prekindergarten Program</heading><content>(a) School districts and open-enrollment charter schools providing a prekindergarten program must provide high-quality educational services established under Texas Education Code (TEC), Chapter 29, Subchapter E-1, to qualifying students. A student is qualified to participate in a high-quality prekindergarten program if the student is four years of age on September 1 of the year the student begins the program and:(1) is unable to speak and comprehend the English language; (2) is educationally disadvantaged;(3) is a homeless child, as defined by 42 United States Code §11434a, regardless of the residence of the child, of either parent of the child, or of the child's guardian or other person having lawful control of the child;(4) is the child of an active duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who is ordered to active duty by proper authority;(5) is the child of a member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who was injured or killed while serving on active duty;(6) is or ever has been in the conservatorship of the Department of Family and Protective Services following an adversary hearing held as provided by Texas Family Code, §262.201, or foster care in another state or territory, if the child resides in Texas;(7) is the child of a person eligible for the Star of Texas Award as:(A) a peace officer under Texas Government Code, §3106.002; (B) a firefighter under Texas Government Code, §3106.003; or(C) an emergency medical first responder under Texas Government Code, §3106.004; or(8) is the child of a person employed as a classroom teacher at a public primary or secondary school in a school district that offers a prekindergarten class under TEC, §29.153.(b) A school district or an open-enrollment charter school shall implement a curriculum for a high-quality prekindergarten program that addresses the Texas Prekindergarten Guidelines in the following domains:(1) social and emotional development;(2) emergent literacy language and communication;(3) emergent literacy reading;(4) emergent literacy writing;(5) mathematics;(6) science;(7) social studies;(8) fine arts;(9) physical development and health; and(10) technology.(c) A school district or an open-enrollment charter school shall measure:(1) at the beginning, middle, and end of the school year, the progress of each student in meeting the recommended end of prekindergarten year outcomes identified in the Texas Prekindergarten Guidelines using a progress monitoring tool included on the commissioner's list of approved prekindergarten instruments that measures:(A) social and emotional development, which may be referred to as "health and wellness" in a progress monitoring tool;(B) emergent literacy language and communication;(C) emergent literacy reading;(D) emergent literacy writing; and(E) mathematics; and(2) the preparation of each student for kindergarten using a commissioner-approved multidimensional kindergarten instrument during the first 60 days of school for reading and at least three developmental skills, including literacy, as described in TEC, §28.006. (d) Each teacher of record in a high-quality prekindergarten program class must be certified under TEC, Chapter 21, Subchapter B, and have one of the following additional qualifications:(1) a Child Development Associate (CDA) credential;(2) a certification offered through a training center accredited by Association Montessori Internationale or through the Montessori Accreditation Council for Teacher Education;(3) at least eight years' experience teaching in a nationally accredited child care program or a Texas Rising Star Program;(4) at minimum, an associate or baccalaureate degree in early childhood education or early childhood special education or a non-early childhood education degree with a documented minimum of 15 units of coursework in early childhood education;(5) documented completion of the Texas School Ready Training Program (TSR Comprehensive); or(6) be employed as a prekindergarten teacher in a school district that has ensured that:(A) prior to assignment in a prekindergarten class, the teacher who provides prekindergarten instruction has completed at least 150 cumulative hours of documented professional development addressing the Texas Prekindergarten Guidelines in addition to other relevant topics related to high-quality prekindergarten over a consecutive five-year period;(B) a teacher who has not completed training required in subparagraph (A) of this paragraph prior to assignment in a prekindergarten class completes:(i) the first 30 hours of 150 cumulative hours of documented professional development before the beginning of the next school year. The professional development shall address topics relevant to high-quality prekindergarten and may include:(I) the Texas Prekindergarten Guidelines;(II) the use of student progress monitoring results to inform classroom instruction;(III) improving the prekindergarten classroom environment to enhance student outcomes; and(IV) improving the effectiveness of teacher interaction with students as determined by an evaluation tool; and(ii) the additional hours in the subsequent four years in order to continue providing instruction in a high-quality prekindergarten classroom; and(C) at least half of the hours required by subparagraph (A) or (B) of this paragraph include experiential learning, practical application, and direct interaction with specialists in early childhood education, mentors, or instructional coaches.(e) Each teacher in a high-quality prekindergarten program class provided by an entity with which a school district contracts to provide a prekindergarten program serving eligible three and/or four-year-old students must be certified under TEC, Chapter 21, Subchapter B, to teach or supervised by a person who meets the requirements under subsection (d) of this section and must have one of the following additional qualifications:(1) at least two years' experience teaching in a nationally accredited child care program or a Texas Rising Star Program and:(A) a CDA credential or another early childhood education credential approved by the Texas Education Agency (TEA); or(B) a certification offered through a training center accredited by Association Montessori Internationale or through the Montessori Accreditation Council for Teacher Education;(2) at minimum, an associate or baccalaureate degree in early childhood education or early childhood special education or a non-early childhood education degree with a documented minimum of 15 units of coursework in early childhood education;(3) at least eight years' experience teaching in a nationally accredited child care program or a Texas Rising Star Program; or(4) be employed as a prekindergarten teacher in a partnership program that has ensured that:(A) prior to assignment in a prekindergarten class, the teacher has completed at least 150 cumulative hours of documented professional development addressing the Texas Prekindergarten Guidelines in addition to other relevant topics related to high-quality prekindergarten over a consecutive five-year period;(B) a teacher who has not completed the training required in subparagraph (A) of this paragraph prior to assignment in a prekindergarten class completes:(i) the first 30 hours of 150 cumulative hours of documented professional development before the beginning of the next school year. The professional development shall address topics relevant to high-quality prekindergarten and may include:(I) the Texas Prekindergarten Guidelines;(II) the use of student progress monitoring results to inform classroom instruction;(III) improving the prekindergarten classroom environment to enhance student outcomes; and(IV) improving the effectiveness of teacher interaction with students as determined by an evaluation tool; and(ii) the additional hours in the subsequent four years in order to continue providing instruction in a high-quality prekindergarten classroom; and(C) at least half of the hours required by subparagraph (A) or (B) of this paragraph include experiential learning, practical application, and direct interaction with specialists in early childhood education, mentors, or instructional coaches.(f) A teacher of a bilingual or English as a second language (ESL) program class provided by an entity with which a school district contracts to provide a prekindergarten program must be appropriately certified for the grade and content and with the appropriate supplemental certification (either bilingual or ESL) or be supervised by a person who is appropriately certified to provide effective instruction to emergent bilingual students, as defined by TEC, §29.052, enrolled in the prekindergarten program.(g) A prekindergarten partnership supervisor:(1) shall meet the requirements under subsection (d) of this section;(2) may supervise multiple prekindergarten classrooms; and(3) shall ensure programmatic compliance and support classroom instruction, the developmental needs of students, and continuous quality improvement, including professional development(h) A school district or an open-enrollment charter school shall develop, implement, and make available on the district, charter, or campus website by November 1 of each school year a family engagement plan to assist the district in achieving and maintaining high levels of family involvement and positive family attitudes toward education. The family engagement plan shall include a primary point of contact and contact information. An effective family engagement plan creates a foundation for the collaboration of mutual partners, embraces the individuality and uniqueness of families, and promotes a culture of learning that is child centered, age appropriate, and family driven.(1) The following terms, when used in this section, shall have the following meanings.(A) Family--Adults responsible for the child's care and children in the child's life who support the early learning and development of the child.(B) Family engagement--The mutual responsibility of families, schools, and communities to build relationships to support student learning and achievement and to support family well-being and the continuous learning and development of children, families, and educators. Family engagement is fully integrated in the child's educational experience and supports the whole child and is both responsive to a variety of backgrounds and linguistically appropriate.(2) The family engagement plan shall:(A) facilitate family-to-family support using strategies such as:(i) creating a safe and respectful environment where families can learn from each other as individuals and in groups;(ii) inviting former program participants, including families and community volunteers, to share their education and career experiences with current families; and(iii) ensuring opportunities for continuous participation in events designed for families by families such as training on family leadership;(B) establish a network of community resources using strategies such as:(i) building strategic partnerships;(ii) leveraging community resources;(iii) monitoring and evaluating policies and practices to stimulate innovation and create learning pathways;(iv) establishing and maintaining partnerships with businesses, faith-based organizations, and community agencies;(v) identifying support from various agencies, including mental and physical health providers;(vi) partnering with local community-based organizations and early learning programs to create a family-friendly transition plan for students arriving from early childhood settings;(vii) providing and facilitating referrals to family support or educational groups based on family interests and needs;(viii) communicating short- and long-term program goals to all stakeholders; and(ix) identifying partners to provide translators and relevant resources reflective of the home language;(C) increase family participation in decision making using strategies such as:(i) developing and supporting a family advisory council;(ii) developing, adopting, and implementing identified goals within the annual campus/school improvement plan targeting family engagement;(iii) developing and supporting leadership skills for family members and providing opportunities for families to advocate for their children/families;(iv) collaborating with families to develop strategies to solve problems and serve as problem solvers;(v) engaging families in shaping program activities and cultivating the expectation that information must flow in both directions to reflect two-way communication;(vi) developing, in collaboration with families, clearly defined goals, outcomes, timelines, and strategies for assessing progress; (vii) providing each family with an opportunity to review and provide input on program practices, policies, communications, and events in order to ensure the program is responsive to the needs of families; and(viii) using appropriate tools such as surveys or focus groups to gather family feedback on the family engagement plan;(D) equip families with tools to enhance and extend learning using strategies such as:(i) providing families with updates at least three times a year that specify student progress in health and wellness, language and communication, emergent literacy reading, emergent literacy writing, and mathematics;(ii) designing or implementing existing home educational resources to support learning at home while strengthening the family/school partnership;(iii) providing families with information and/or training on creating a home learning environment connected to formal learning opportunities;(iv) equipping families with resources and skills to support their children through the transition to school and offering opportunities for families and children to participate in parent/child learning sessions and visit the school in advance of the prekindergarten school year;(v) providing complementary home learning activities for families to engage in at home with children through information presented in newsletters, online technology, social media, parent/family-teacher conferences, or other school- or center-related events;(vi) providing families with information, best practices, and training related to age-appropriate developmental expectations;(vii) emphasizing benefits of positive family practices such as attachment and nurturing that complement the stages of children's development;(viii) collaborating with families to appropriately respond to children's behavior in a non-punitive, positive, and supportive way;(ix) encouraging families to reflect on family experiences and practices in helping children; and(x) assisting families to implement best practices that will help achieve the goals and objectives identified to meet the needs of the child and family;(E) develop staff skills in evidence-based practices that support families in meeting their children's learning benchmarks using strategies such as:(i) providing essential professional development for educators in understanding communication and engagement with families, including training on communicating with families in crisis;(ii) promoting and developing family engagement as a core strategy to improve teaching and learning among all educators and staff; and(iii) developing staff skills to support and use a variety of relevant and responsive family engagement strategies; and(F) evaluate family engagement efforts and use evaluations for continuous improvement using strategies such as:(i) conducting goal-oriented home visits to identify strengths, interests, and needs;(ii) developing data collection systems to monitor family engagement and focusing on engagement of families from specific populations to narrow the achievement gap;(iii) using data to ensure alignment between family engagement activities and district/school teaching and learning goals and to promote continuous family engagement;(iv) ensuring an evaluation plan is an initial component that guides action;(v) using a cyclical process to ensure evaluation results are used for continuous improvement and adjustment; and(vi) ensuring teachers play a role in the family engagement evaluation process.(i) In a format prescribed by TEA, a school district or an open-enrollment charter school shall:(1) report the curriculum used in the high-quality prekindergarten program classes as required by subsection (b) of this section;(2) report a description and the beginning- and end-of-year results of each commissioner-approved prekindergarten instrument used in the high-quality prekindergarten program classes as required by subsection (c) of this section;(3) report:(A) a description of each commissioner-approved multidimensional kindergarten readiness instrument used in the district or charter school to measure the effectiveness of the district's or charter school's high-quality prekindergarten program classes as required by subsection (c) of this section; and(B) the results for at least 95% of the district's or charter school's kindergarten students on the commissioner-approved multidimensional kindergarten readiness instrument by the end of the TEA-determined assessment collection window;(4) report additional teacher qualifications described in subsection (d) of this section;(5) report the family engagement plan URL/website link described in subsection (h) of this section; and(6) report the prekindergarten program evaluation type.(j) A school district or an open-enrollment charter school shall:(1) select and implement appropriate methods for evaluating the district's or charter school's high-quality prekindergarten program by using data from a student progress monitoring instrument from the commissioner's list of approved prekindergarten instruments; (2) make data from the results of program evaluations available to parents; and(3) plan for data-driven program improvements annually by using information from the district's or charter school's program evaluation to ensure the district's or charter school's prekindergarten program is meeting all high-quality prekindergarten indicators.(k) A school district or an open-enrollment charter school must attempt to maintain an average ratio in any prekindergarten program class of not less than one qualified teacher or teacher's aide for every 11 students.(l) A school district or an open-enrollment charter school shall maintain locally and provide at TEA's request the necessary documentation to ensure fidelity of high-quality prekindergarten program implementation.</content><note type="source"><p>Source Note: The provisions of this §102.1003 adopted to be effective April 6, 2016, 41 TexReg 2480; amended to be effective February 13, 2020, 45 TexReg 895; amended to be effective June 9, 2024, 49 TexReg 3921; amended to be effective March 1, 2026, 51 TexReg 1122.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER RULES CONCERNING THE RURAL PATHWAY EXCELLENCE PARTNERSHIP (R-PEP) PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scBB/s102.1021"><num value="102.1021">§102.1021</num><heading>Rural Pathway Excellence Partnership Program</heading><content>(a) Applicability. This section applies only to an eligible school district that intends to establish a rural pathway excellence partnership (R-PEP) under Texas Education Code (TEC), §29.912.(b) Eligibility for R-PEP benefits. A school district is eligible for R-PEP program benefits if it has fewer than 1,600 students in average daily attendance and enters into a partnership with at least one other school district, irrespective of the number of students in average daily attendance in the other district, located within a distance of 100 miles. Open-enrollment charter schools are not eligible for R-PEP designation.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Coordinating entity--An entity that has the capacity to effectively coordinate a multi-district partnership that includes at least one district eligible for benefits under subsection (b) of this section, has entered into a performance agreement approved by the board of trustees of each partnering school district, is an eligible entity as defined by TEC, §12.101(a), and has a governing or advisory board that meets all membership requirements defined in TEC, §29.912.(2) Institution of higher education--An institution of higher education has the meaning assigned by TEC, §61.003.(3) Pathway--A program of study or endorsement described by TEC, §28.025(c-1), that:(A) aligns with regional labor market projections for high-wage, high-demand careers with advancement opportunities; and(B) incorporates:(i) Texas Education Agency (TEA)-approved career and technical education programs of study, as defined in TEC, §48.106, and/or Texas College and Career Readiness School Models, including Pathways in Technology Early College High School (P-TECH) and Early College High School (ECHS);(ii) college and career advising; and(iii) a continuum of work-based learning experiences that allow students to reflect on and apply what they have learned.(4) Performance agreement--A legally binding agreement between the board of trustees of each partnering school district and the coordinating entity that confers specific authority to the coordinating entity over the R-PEP pathways as defined in TEC, §29.912.(d) Performance agreement. To contract with the coordinating entity to operate under TEC, §29.912, the board of trustees of each partnering school district must approve a legally binding agreement with the coordinating entity. The R-PEP performance agreement must:(1) confer to the coordinating entity the same authority with respect to pathways offered under the partnership provided to an entity that contracts to operate a district campus under TEC, §11.174. The coordinating entity must have:(A) authority to employ and manage the staff member responsible for the pathways at each partner campus, including initial and final non-delegable authority to hire, supervise, manage, assign, evaluate, develop, advance, compensate, continue employment, and establish any other terms of employment;(B) authority over the employees in each pathway, including initial and final non-delegable authority for the operating partner to employ and/or manage all of the operating partner's own administrators, educators, contractors, or other staff. Such authority includes the authority to hire, supervise, manage, assign, evaluate, develop, advance, compensate, continue employment, and establish any other terms of employment;(C) initial, final, and sole authority to supervise, manage, evaluate, and rescind the assignment of any district employee or district contractor from the pathway. If the coordinating entity rescinds the assignment of any district employee or district contractor, the district must grant the request within 20 working days;(D) authority to and must directly manage the staff member responsible for the pathways at each partner campus, including having the sole responsibility for evaluating their performance;(E) initial, final, and sole authority over educational programs within each pathway for specific, identified student groups, such as gifted and talented students, emergent bilingual students, students at risk of dropping out of school, special education students, and other statutorily defined populations;(F) initial, final, and sole authority to set the school calendar and the daily schedule; and(G) authority to develop and exercise final approval of pathway budgets, which must include at least 80% of the state and local funding to which each partnering school district is entitled under TEC, §§48.106, 48.110, and 48.118, for each student participating in a pathway;(2) include ambitious and measurable performance goals and progress measures tied to current college, career, and military readiness outcomes bonus standards and longitudinal postsecondary completion and employment-related outcomes and a timeline to report progress to district school boards at least biannually;(3) allocate responsibilities for accessing and managing progress and outcome information and annually publishing that information on the Internet website of each partnering district and the coordinating entity;(4) authorize the coordinating entity to optimize the value of each college and career pathway offered through the partnership by:(A) determining scheduling;(B) adding or removing a pathway;(C) selecting and assigning pathway-specific personnel;(D) developing and exercising final approval of pathway budgets, which must include at least 80% of the state and local funding to which each partnering school district is entitled under TEC, §§48.106, 48.110, and 48.118, for each student participating in a pathway; and(E) determining any other matter critical to the efficacy of the pathways; and(5) provide that any eligible student enrolled in a partnering school district may participate in a college or career pathway offered through the partnership.(e) Applying for designation of an R-PEP.(1) Applicant eligibility. A coordinating entity must submit a single application on behalf of each district and campus it requests to designate as eligible for R-PEP benefits.(2) Types of applications. A coordinating entity may submit an application to start a new R-PEP or an application to expand or modify a previously designated R-PEP in good standing with all applicable R-PEP requirements.(3) Application contents. The following provisions apply to an R-PEP application submitted to the commissioner of education.(A) A coordinating entity must submit a letter of intent prior to applying for an R-PEP in accordance with the procedures determined by the commissioner.(B) The application package shall contain, but is not limited to, any of the following:(i) an application form;(ii) a description of R-PEP pathways, including a list of pathways offered at each R-PEP district and evidence that the college and career pathways offered align with regional labor market projections for high-wage, high-demand careers;(iii) a description of the R-PEP organizational structure, including a staffing plan that outlines roles and responsibilities related to operating and coordinating the R-PEP pathways and includes at least two full-time equivalent roles that:(I) are under the control of the coordinating entity to the extent required to fulfill responsibilities related to R-PEP;(II) may be distributed among more than two employees or contractors, including employees or contractors of the district with time allocated for duties managed by the coordinating entity; and(III) will be engaged and begin fulfillment of their roles within 30 days of approval by the commissioner;(iv) a proposed budget demonstrating the use of funds allocated to the coordinating entity from the partner districts and ensuring that the coordinating entity exercises final approval over at least 80% of the state and local funding to which each partnering school district is entitled under TEC, §§48.106, 48.110, and 48.118;(v) an approved performance agreement in alignment with subsection (d) of this section; and(vi) letters of support from relevant organizations, including institutions of higher education, workforce development organizations, and school districts in the region.(C) TEA shall review application packages submitted under this section. If TEA determines that an application package is not complete and/or the applicant does not meet the eligibility criteria in TEC, §29.912, TEA shall notify the applicant and allow 10 business days for the applicant to submit any missing or explanatory documents.(i) If, after giving the applicant the opportunity to provide supplementary documents, TEA determines that the eligibility approval request remains incomplete and/or the eligibility requirements of TEC, §29.912, have not been met, the eligibility approval request will be denied.(ii) If the documents are not timely submitted, TEA shall remove the eligibility approval request without further processing. TEA shall establish procedures and schedules for returning eligibility approval requests without further processing.(iii) Failure of TEA to identify any deficiency or notify an applicant thereof does not constitute a waiver of the requirement and does not bind the commissioner.(D) Upon written notice to TEA, an applicant may withdraw an application package.(4) Application review.(A) Applicants with complete application packages satisfying the requirements in paragraph (3) of this subsection will be reviewed by a panel selected by the commissioner.(B) The panel may include TEA staff or external stakeholders. The panel shall review application packages in accordance with the procedures and criteria established in the application package and guidance form. Review panel members shall not discuss eligibility approval requests with anyone except TEA staff.(C) TEA may perform additional due diligence on R-PEP applicants, including, but not limited to:(i) interviewing applicants, including individuals from the district, coordinating entity, and institutions of higher education, and requiring the submission of additional information and documentation prior to and after the interview;(ii) interviewing other entities that have contracted with the proposed coordinating entity to assist TEA in determining the past success of a coordinating entity in meeting program-aligned goals; and(iii) collecting additional data and information not submitted in the application that demonstrates the likelihood of success in meeting R-PEP program goals.(D) TEA will notify each applicant of its selection or non-selection for R-PEP designation no later than the 60th day after the date the commissioner receives all R-PEP application materials.(E) In order to qualify for ongoing benefits subsequent to initial eligibility validation or approval, the eligible partnership campus must comply with all information requests deemed necessary by TEA staff to determine the ongoing eligibility of the R-PEP program.(F) To receive benefits under TEC, §48.118, the district must continuously meet the requirements in this subsection and subsection (d) of this section.(f) Applying to expand or modify a designated R-PEP.(1) Eligibility for expansion or modification. A coordinating entity may apply to expand or modify a designated R-PEP any year after initial designation or subsequent renewal. Applications must be submitted to TEA prior to July 1 of the school year in which the change will be effective.(2) Types of expansions/modifications. A complete expansion/modification amendment packet must be submitted any time there is a change in partnership districts and/or pathways by selecting and completing one of the following options:(A) the R-PEP will add or remove participating districts with no change in pathways offered;(B) the R-PEP will add or remove pathways offered with no change in districts; or(C) the R-PEP will add or remove pathways offered and add or remove participating districts.(3) Expansion and modification amendment application contents. The following provisions apply to an R-PEP expansion and modification amendment application submitted to the commissioner.(A) A coordinating entity must submit a letter of intent prior to applying to expand or modify an existing R-PEP in accordance with the procedures determined by the commissioner.(B) The application package shall contain, but is not limited to, the following:(i) an application form outlining any relevant changes to the R-PEP and/or coordinating entity structure or supports;(ii) an updated budget demonstrating the use of funds allocated to the coordinating entity from the partner districts and ensuring that the coordinating entity exercises final approval over at least 80% of the state and local funding to which each partnering school district is entitled under TEC, §§48.106, 48.110, and 48.118; and(iii) an updated approved performance agreement in alignment with subsection (d) of this section.(4) Expansion and modification amendment application review.(A) Applicants with complete application packages satisfying the requirements in paragraph (3) of this subsection will be reviewed by a panel selected by the commissioner.(B) The panel may include TEA staff or external stakeholders. The panel shall review application packages in accordance with the procedures and criteria established in the application package and guidance form. Review panel members shall not discuss eligibility approval requests with anyone except TEA staff.(C) TEA may perform additional due diligence on R-PEP expansion or modification applicants, including, but not limited to:(i) interviewing applicants, including individuals from the district, coordinating entity, and institutions of higher education, and requiring the submission of additional information and documentation prior to and after the interview;(ii) interviewing other entities that have contracted with the proposed coordinating entity to assist TEA in determining the past success of a coordinating entity in meeting program-aligned goals; and(iii) collecting additional data and information not submitted in the application that demonstrates the likelihood of success in meeting R-PEP program goals.(D) TEA will notify each applicant of its approval for the R-PEP expansion or modification no later than the 60th day after the date the commissioner receives all R-PEP expansion or modification materials.(E) In order to qualify for ongoing benefits subsequent to initial eligibility validation or approval, the eligible partnership campus must comply with all information requests deemed necessary by TEA staff to determine the ongoing eligibility of the R-PEP program.(F) To continue to receive benefits under TEC, §48.118, the district must continuously meet the requirements in this subsection and subsection (d) of this section.(g) Performance standards for R-PEP renewal.(1) No less than three years after an R-PEP designation is approved or renewed, each R-PEP coordinating entity must submit for TEA review a renewal package to determine continued eligibility for R-PEP allocations.(2) The renewal package may contain, but is not limited to, any of the following:(A) a renewal form;(B) assurance from the R-PEP coordinating entity and school board of trustees for each participating R-PEP district that the performance agreement continues to meet TEA criteria and is being implemented in accordance with TEC, §29.912, and this section;(C) budgets for the R-PEP demonstrating alignment with TEC, §29.912, and this section; and(D) outcome measures as evidenced by progress reports and program data, including, but not limited to, progress toward goals outlined in the R-PEP performance agreement.(3) The commissioner may deny renewal of the authorization of a designated R-PEP program based on any or all of the following factors:(A) noncompliance with application assurances and/or the provisions of this section;(B) lack of program success as evidenced by progress reports and program data;(C) failure to meet performance standards specified in the application and/or R-PEP performance contract; and(D) failure to provide accurate, timely, and complete information as required by TEA to evaluate the effectiveness of the R-PEP program.(4) If a school district starts a school year with fewer than 1,600 students but meets or exceeds that enrollment by the end of the school year, that district will be entitled to R-PEP benefits outlined in TEC, §48.118, for the current school year and will be deemed ineligible for the subsequent school year if enrollment meets or exceeds 1,600 students.(h) R-PEP grants.(1) TEA will announce and execute an open application for R-PEP planning and implementation grants pursuant to TEC, §48.118, to assist school districts and coordinating entities in planning, development, establishment, or expansion/modification of partnerships as funds are available.(2) TEA will make publicly available the R-PEP grant application, eligibility criteria, and scoring rubric. Priority will be given to coordinating entities that have entered into a performance agreement or, if in the planning stage, have entered into a memorandum of understanding to enter into a performance agreement, unless the source of funds does not permit a grant to the coordinating entity, in which case the grant shall be made to a participating school district acting as fiscal agent.(3) Submitted applications will be scored according to the published scoring rubric, and grants will be awarded by TEA to the applicants whose applications are scored highest under the rubric.</content><note type="source"><p>Source Note: The provisions of this §102.1021 adopted to be effective August 6, 2024, 49 TexReg 5773.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING COORDINATED HEALTH PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scCC/s102.1031"><num value="102.1031">§102.1031</num><heading>Criteria for Evaluating Coordinated Health Programs for Elementary, Middle, and Junior High School Students</heading><content>(a) Program purpose. In accordance with Texas Education Code (TEC), §38.013, the Texas Education Agency (TEA) shall make available to each school district one or more coordinated school health programs or allow for the development of school district programs designed to prevent obesity, cardiovascular disease, and Type 2 diabetes in elementary, middle, and junior high school students. Each program must provide for coordinating:(1) health education;(2) physical education and physical activity;(3) nutrition services; and(4) parental involvement.(b) Evaluation criteria. The commissioner of education may make available under subsection (a) of this section only those coordinated school health programs that meet the following criteria.(1) The program coordinates physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement.(2) The program is coordinated within and across all grade levels on an elementary, middle, or junior high school campus.(3) The program has a training component that includes physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement activities and coordinates the four components of subsection (a) of this section. The training component must include teaching staff and parents.(4) The program curricular components (health education and physical education) are based on Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education) and Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).(5) The program includes assessment tools for schools to measure cognitive, behavioral, and attitudinal changes related to the four components.(6) The program is based on health education theory and national standards for instructional and/or industry best practices in each of the four components described in subsection (a) of this section.(7) The program allows for tailoring to schools' individual needs and can be adapted to a variety of specific situations: ethnic diversity, children with disabilities, school schedules, socioeconomic status, geographic locations, and gender differences.(8) The program trains school district staff in the annual use of assessment and planning tools for school health programs and policies, such as the elementary school version of the School Health Index available at the National Centers for Disease Control and Prevention website.(9) The program includes an evaluation of its nutritional services component that includes compliance with the Department of Agriculture guidelines relating to foods of minimal nutritional value.(c) Health programs developed by school districts. Coordinated school health programs that are developed by school districts and that meet the criteria in subsection (b) of this section may be approved and made available as approved programs. School district programs must use materials that are proven effective, such as TEA-approved textbooks or materials developed by nationally recognized and/or government-approved entities.(d) Health programs not developed by school districts. Coordinated school health programs not developed by school districts and that meet the criteria in subsection (b) of this section may be approved and made available as approved programs. Such programs must be peer-reviewed and show empirical evidence of effectiveness prior to submission.(e) Submission of programs for evaluation. Coordinated school health programs may be submitted every two years for evaluation on a schedule to be determined by the commissioner. Programs will be approved for a period of four years.(f) Availability of programs. The TEA shall notify each school district of the availability of each coordinated school health program approved by the commissioner under subsection (d) of this section.</content><note type="source"><p>Source Note: The provisions of this §102.1031 adopted to be effective May 2, 2004, 29 TexReg 3959; amended to be effective November 9, 2006, 31 TexReg 9031.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING THE TEXAS ACCELERATED SCIENCE ACHIEVEMENT PROGRAM GRANT</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scDD/s102.1041"><num value="102.1041">§102.1041</num><heading>Texas Accelerated Science Achievement Program Grant</heading><content>(a) The intent and purpose of the Texas Accelerated Science Achievement Program (Texas ASAP) is to establish and implement intensive after-school and summer school programs designed to increase Grade 10 and 11 student achievement on the science portion of the Texas Assessment of Knowledge and Skills (TAKS). Through intervention programs that will serve students in Grades 9 - 12, the Texas ASAP will target high schools with low student performance on the Grade 10 and 11 science TAKS examinations.(b) Funds shall be distributed by the commissioner of education, on a competitive grant basis, to be used by school districts for the implementation of scientific, research-based science programs designed to improve the performance of students in science, including programs designed to address the gender gap in performance. Prior to providing a program, in accordance with the Texas Education Code, §29.089, and the General Appropriations Act, House Bill 1, Article III, Rider 45, 78th Texas Legislature, 2003, each school district receiving a grant must:(1) document its locally-adopted board of trustees policy for:(A) determining student eligibility for participating in the program that:(i) prescribes the grade level or course a student must be enrolled in to be eligible; and(ii) provides for considering teacher recommendations in determining eligibility;(B) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;(C) ensuring that eligible students are encouraged to attend the program;(D) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and(E) measuring student progress;(2) demonstrate a need for additional intervention as evidenced by student performance in science resulting in at least one high school identified as under performing. An under-performing campus is one with a TAKS science passing rate below the state average; and(3) partner with a science department of an institution of higher education.(c) The guidelines delineated in this subsection shall determine which school districts may receive funding under the Texas ASAP.(1) School districts must submit applications in accordance with instructions provided by the Texas Education Agency (TEA). Applications received by the established deadline date and time will be reviewed. For each eligible application, the recommendations of the reviewers will be assembled and presented to the commissioner or the commissioner's designee who will:(A) approve the application in whole or in part; or(B) disapprove the application.(2) Awards will be considered on the basis of total points. Grant awards will be made starting with the highest scoring application and continue to the next highest score until funds are exhausted or until the applications meeting minimum criteria or higher are funded. In the event of a tie score that would preclude determination of funding, the effected applicants will be asked to provide additional clarifying information to determine highest need or greatest capacity for successful implementation.(3) The TEA will notify each applicant in writing of the selection or non-selection for funding. In the case of an application selected for funding, notification to the grantee will include the contractual conditions which the applicant must accept in accordance with state law.(d) Grantees must agree to submit all information requested by the TEA through periodic activity/progress reports, a final evaluation report, and other activities related to the evaluation of the program. Reports will be due to the TEA no later than 30 days after the close of the reporting period and must contain all requested information in the prescribed format. These reports will be used by the TEA to evaluate the implementation and progress of grant-funded programs and to determine if modifications or adjustments to the program are necessary.(e) Based on a comprehensive analysis of the periodic activity/progress reports, final evaluation reports, and other relevant data, the TEA will disseminate to each Texas school district information concerning instructional methods that have proved successful in improving student performance in science.</content><note type="source"><p>Source Note: The provisions of this §102.1041 adopted to be effective February 17, 2005, 30 TexReg 713.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scEE"><num value="EE">SUBCHAPTER EE</num><heading>COMMISSIONER'S RULES CONCERNING PILOT PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scEE/s102.1051"><num value="102.1051">§102.1051</num><heading>Financial Literacy Pilot Program</heading><content>(a) Program purpose. In accordance with the Texas Education Code (TEC), §29.915, the Texas Education Agency (TEA) shall establish and implement a financial literacy pilot program to provide students in participating school districts with the knowledge and skills necessary as self-supporting adults to make critical decisions relating to personal financial matters.(b) Application. School districts must submit a letter of interest to the TEA division responsible for curriculum, including a commitment to use the curriculum designated by the pilot and to participate in any training required by the pilot. No more than 100 school districts will be selected to participate in the program. If more than 100 letters of interest are received, districts will be selected to reflect the following criteria:(1) balance between large and small districts;(2) representation of the various geographic regions of the state; and(3) representation of the overall demographics of the state.(c) Notification. The TEA will notify each applicant in writing of the selection or non-selection for participation.(d) Implementation. Districts shall participate in training and use materials identified in accordance with the TEC, §29.915(c).(e) Evaluation. Each participating district shall report information on implementation of the program to the TEA in accordance with requirements specified by the commissioner of education.(f) Funding. Implementation of the pilot is contingent upon sufficient funding in accordance with the TEC, §29.915(e).</content><note type="source"><p>Source Note: The provisions of this §102.1051 adopted to be effective June 11, 2006, 31 TexReg 4611; amended to be effective May 6, 2010, 35 TexReg 3496.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scEE/s102.1055"><num value="102.1055">§102.1055</num><heading>Collaborative Dropout Reduction Pilot Program</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Collaborative Dropout Reduction Pilot Program--A pilot program established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), §29.096. The pilot program is to provide eligible school districts with financial grants to implement a local collaborative dropout reduction program. Only an eligible school district may apply for funding under this program and must serve as the fiscal agent for the pilot program. A school district awarded a grant under this pilot program shall coordinate the delivery of research-based intervention services and programs among local entities such as local businesses, local government or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education to comprehensively reduce the dropout rate in the community and to increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school.(2) Collaborative partner--A collaborative partner is a public or private entity which participates in a Collaborative Dropout Reduction Pilot Program and contributes to collaborative efforts through the provision of funds, services, personnel, and/or in other ways deemed appropriate to assist in reaching program goals. Collaborative partners may include, but are not limited to, entities such as school districts, local businesses, other local governments or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education.(3) Lead educational staff member--A person working as part of the Collaborative Dropout Reduction Pilot Program that is responsible for program coordination, outreach, recruitment, and other activities necessary to implement and manage the program. The lead educational staff member may be a full- or part-time paid staff person, or the position may be filled by a volunteer. The lead educational staff member may be an employee of the district awarded a grant under this program, or an employee/volunteer from one of the partners in the local collaborative.(4) Outreach--Activities designed to raise awareness and provide information, solicit participation and/or contributions, recruit students and other stakeholders, and involve the local community in collaborative initiatives.(5) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.(6) Shared services arrangement (SSA)--A shared services arrangement is an agreement between two or more school districts and/or education service centers that provides services for entities involved.(b) Eligibility.(1) In accordance with the TEC, §39.358, a school district is eligible to apply for funding under the Collaborative Dropout Reduction Pilot Program if the district exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates.(2) Eligibility for participation in the Collaborative Dropout Reduction Pilot Program will be determined annually by the commissioner of education based on the latest available data and research and in accordance with the TEC, §29.096, and eligibility criteria outlined in the TEC, §39.358.(3) An eligible school district may enter into an SSA in order to apply for grant funds. An SSA is limited to no more than ten eligible districts. A school district may submit or be a member of an SSA for no more than one Collaborative Dropout Reduction Pilot Program grant application. A collaborative partner, other than a school district, may be included in more than one SSA.(4) An education service center (ESC) established under the TEC, §8.001, is not eligible to apply as a fiscal agent for an SSA but may be a collaborative partner with eligible districts.(5) An eligible school district which submits a single grant application on behalf of itself and several other school districts participating in an SSA agrees to serve as the fiscal agent for the grant and will be held responsible for all compliance and audit recoveries.(c) Application.(1) An eligible school district must apply through the request for application (RFA) process to participate in the Collaborative Dropout Reduction Pilot Program.(2) Eligible applicants must meet all deadlines, requirements, and guidelines outlined in the RFA.(3) An eligible school districts that applies to participate in the pilot program must identify and include in its application:(A) the source(s) of matching funds from the participating collaborating partners as specified in the grant application; and(B) a description of how the program will be sustained beyond the life of the grant funding.(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation in the Collaborative Dropout Reduction Pilot Program.(e) Local collaborative agreement.(1) Each eligible school district selected to participate must submit a copy of a local collaborative agreement, such as a memorandum of understanding, to the TEA prior to implementation of the pilot program.(2) The local collaborative agreement must include the minimum standards specified in the TEC, §29.096(e), and a detailed description of the following:(A) the source(s) of matching funds;(B) how matching funds will be used by the pilot program;(C) a description of the services, activities, commitments, assurances, responsibilities, obligations, and understandings of each collaborative partner; and(D) decision-making procedures between the school district and collaborative partner(s).(f) Use of funds.(1) In accordance with the TEC, §29.096, the entire amount of a grant awarded under the Collaborative Dropout Reduction Pilot Program must fund programs in adherence with guidelines and requirements provided in the RFA.(2) A school district participating in the Collaborative Dropout Reduction Pilot Program may allocate no more than 15% of total project funds, which include the state grant award and local match, for administrative expenses. Of the amount used for administrative costs, no more than 5.0% may be state grant award funds. Up to an additional 10% may be matching funds, but in no case can administrative costs exceed 15% of the total project funds. A school district may use in-kind contributions for administrative expenses. In-kind contributions may include the use of facilities, office space, and equipment and the provision of administrative services and supplies.(3) Allowable costs include, but are not limited to:(A) costs associated with implementing the local Collaborative Dropout Reduction Program in the following four service areas: workforce skill development, academic support, attendance improvement, and student and family support services; and(B) costs associated with a designated lead educational staff member to conduct outreach activities designed to identify and involve eligible students as well as public and private entities to participate in the program.(g) Conditions of pilot program operation. Each school district operating an approved Collaborative Dropout Reduction Pilot Program must operate the program in accordance with the TEC, §29.096, and the requirements outlined in the RFA and must:(1) coordinate the delivery of research-based intervention services and programs among local entities such as local businesses, local government or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education to comprehensively reduce the dropout rate in the community and to increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school;(2) serve students in Grades 9, 10, 11, and 12 or any combination thereof;(3) comply with all deadlines, requirements, and assurances established in the RFA;(4) provide services in the areas of workforce development, academic support, student and family support services, and attendance improvement;(5) serve a minimum of students (as specified in the grant application) per grant period; and(6) designate governance responsibilities to a school district official for the purposes of managing the implementation and operation of the pilot program.(h) Program evaluation. Each school district operating an approved Collaborative Dropout Reduction Pilot Program must comply with evaluation procedures established by the commissioner as detailed in the RFA.(i) Revocation.(1) The commissioner may revoke participation in a Collaborative Dropout Reduction Pilot Program and require the school district that received an award to repay some or all of the grant award based on any of the following factors:(A) noncompliance with requirements and assurances outlined in the RFA and/or the provisions of this section and the TEC, §29.096;(B) failure to meet performance measures specified in the RFA; or(C) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the pilot program.(2) A decision by the commissioner to revoke authorization of a grant award is final and may not be appealed.(j) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.</content><note type="source"><p>Source Note: The provisions of this §102.1055 adopted to be effective July 31, 2008, 33 TexReg 5927.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scEE/s102.1057"><num value="102.1057">§102.1057</num><heading>Intensive Reading or Language Intervention Pilot Program</heading><content>(a) Program purpose. In accordance with the Texas Education Code (TEC), §29.094, the Texas Education Agency (TEA) shall establish and implement a pilot program in which a participating local education agency (LEA) provides intensive reading or language intervention to participating students.(b) Application. LEAs shall submit applications in accordance with instructions provided by the TEA through the request for application (RFA) process. The following terms apply to each LEA applicant seeking participation in the pilot program.(1) Eligible LEAs will be determined to be eligible based on a review of Grade 3 statewide assessment scores in reading.(2) LEA campuses that are awarded grants under this program shall select an intensive reading or language intervention program from the TEA Commissioner's List of Approved Providers, which shall be determined through a competitive process.(3) The LEA shall be responsible for ensuring that funds flow to campuses that serve students in Kindergarten-Grade 2 as appropriate.(4) Participating LEA campuses shall administer pre- and post-tests to students served, including but not limited to, the Texas Primary Reading Inventory (TPRI) or Tejas LEE and program benchmarks.(c) Notification. The TEA shall notify each applicant in writing of the selection or non-selection for participation.(d) Approved products. In order to be selected by a participating LEA campus for use in providing intensive reading or language intervention, a program must:(1) be neuroscience-based;(2) have scientifically validated methods;(3) include scientifically based reading interventions or instructional tools that have been proven to accelerate language acquisition and reading proficiency for struggling readers;(4) include a sufficient quantity and quality of professional development to train teachers and administrators in successful implementation and use of the program;(5) include explicit ties to the student expectations in the Texas Essential Knowledge and Skills;(6) incorporate repeated assessment of student proficiency that informs classroom instruction; and(7) include the ability to administer benchmark measures at the beginning and end of the program.(e) Implementation. Participating LEA campuses shall purchase a product from the Commissioner's List of Approved Providers, participate in required professional development, and implement the program in accordance with the TEC, §29.094, to serve eligible/targeted students.(f) Evaluation. Each LEA must comply with evaluation procedures established by the commissioner of education as detailed in the RFA.(g) Funding. Implementation of the pilot is contingent upon sufficient funding in accordance with the TEC, §29.094, and the General Appropriations Act.</content><note type="source"><p>Source Note: The provisions of this §102.1057 adopted to be effective August 18, 2010, 35 TexReg 7060.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scEE/s102.1058"><num value="102.1058">§102.1058</num><heading>Reading Excellence Team Pilot Program</heading><content>(a) Eligibility for participation. The commissioner of education shall determine a school district's or open-enrollment charter school's eligibility to participate in the Reading Excellence Team Pilot Program based on the following:(1) a school district's or open-enrollment charter school's performance on a reading instrument administered in accordance with the Texas Education Code (TEC), §28.006(c); or(2) a school district's performance on a Grade 3 reading assessment instrument administered under the TEC, §39.023(a), relative to other districts in the district's region.(b) Selection of districts.(1) Education service centers (ESCs) selected to administer the pilot program by the commissioner shall establish an application deadline for school districts and open-enrollment charter schools to request assignment of a reading excellence team.(2) The ESCs shall prioritize the assignment of reading excellence teams to the lowest performing school districts and open-enrollment charter schools that apply for assistance, as measured by the reading instruments referenced in subsection (a)(1) and (2) of this section.(3) After assignment of reading excellence teams under the initial application, if any capacity to assign reading excellence teams remains, the ESCs may accept additional applications and provide reading excellence team support to additional school district and open-enrollment charter school applicants based on the lowest performing school districts or open-enrollment charter schools, as measured by the reading instruments referenced in subsection (a)(1) and (2) of this section.(c) Qualifications for reading instruction specialist. A reading instruction specialist must have:(1) significant expertise in reading instruction with a minimum of three years of classroom teaching experience;(2) experience in providing instruction directly related to the curriculum in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading), specifically in kindergarten-Grade 3; and(3) knowledge of developmentally appropriate and research-based strategies for students in kindergarten-Grade 3.(d) Assignment of reading excellence teams. ESCs shall assign reading excellence teams upon prioritization of the applications and in accordance with this section and the TEC, §28.0061.(e) Requests for student achievement data. Participating school districts and open-enrollment charter schools will comply with requests for student achievement data made by reading excellence teams or their sponsoring ESC that will assist in monitoring the implementation as well as the effectiveness of the overall pilot program. The sponsoring ESC shall adopt procedures to ensure compliance with applicable state and federal privacy laws. The sponsoring ESC shall comply with requests for student achievement data made by the Texas Education Agency.</content><note type="source"><p>Source Note: The provisions of this §102.1058 adopted to be effective September 26, 2016, 41 TexReg 7482.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scFF"><num value="FF">SUBCHAPTER FF</num><heading>COMMISSIONER'S RULES CONCERNING EDUCATOR AWARD PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scFF/s102.1073"><num value="102.1073">§102.1073</num><heading>Educator Excellence Innovation Program</heading><content>(a) Establishment of program.(1) In accordance with the Texas Education Code (TEC), §21.702, the Educator Excellence Innovation Program (EEIP) is established as a grant program under which a school district may receive a competitive program grant from the Texas Education Agency (TEA) for the purposes of systematically transforming educator quality and effectiveness through improved and innovative school district-level recruitment, preparation, hiring, induction, evaluation, professional development, strategic compensation, career pathways, and retention; of systematically transforming district administrative practices to improve quality, effectiveness, and efficiency; and of using enhanced educator and administrative quality and effectiveness to improve student learning and academic performance in the manner provided by the TEC, §21.706. Provisions regarding implementation of the program are described in this section.(2) Funds from this program will be distributed on a competitive basis to those selected school districts or open-enrollment charter schools that submitted an approved local educator excellence innovation plan developed in accordance with the TEC, §21.704, and subsection (e) of this section.(b) Definitions.(1) Districtwide--Every campus within the school district.(2) Early hiring practices--District or local campus practices that attempt to ensure that staffing decisions for instruction-based personnel, including the discovery and filling of imminent vacancies, occur as early as possible, and no later than April 1, in preparation for the subsequent school year so that appropriate recruitment, induction, and support services can be provided to potential new hires.(3) Grant award--Funds the TEA makes available to districts for grant purposes.(4) Learning communities--Two or more educators, including classroom teachers, principals, assistant principals, instructional coaches, master teachers, mentors, district or campus content specialists, or any other position dedicated to instructional growth and improved student learning and academic performance, that collaborate regularly within the school week and throughout the school year on instructional growth, content delivery, and the needs of student populations.(5) Local educator excellence innovation plan--A plan developed by a school district in accordance with the TEC, §21.704, and subsection (e) of this section that sets forth procedures for the school district's use of EEIP grant funds.(6) School district--For the purpose of this section, the definition of school district includes an open-enrollment charter school.(7) Selected campus--A campus identified by a school district to receive grant funds when the district innovation program is not implemented districtwide.(c) District eligibility.(1) A school district is eligible to apply for grant funds for the EEIP if the school district:(A) completes and submits a Notice of Intent to Apply to the TEA by a date established by the commissioner of education;(B) complies with all assurances in the Notice of Intent to Apply and grant application;(C) develops a local educator excellence innovation plan for the district;(D) participates in the required technical assistance activities established by the commissioner, including but not limited to establishing leadership teams, master teachers, mentor teachers, and instructional coaches and developing career pathways;(E) agrees to participate for four years; and(F) complies with any other activities set forth in the program requirements.(2) An eligible school district must submit an application in a form prescribed by the commissioner.(A) Each eligible applicant must meet all deadlines, requirements, and assurances specified in the application.(B) The commissioner may waive any eligibility requirements specified in this subsection. All waiver requests must be submitted, along with a completed application, to the TEA and meet the requirements of the TEC, §7.056.(3) Priority will be given to those districts that receive federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 United States Code, §6301, et seq.) and have at a majority of district campuses a student enrollment that is at least 50 percent educationally disadvantaged.(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection to receive a grant under the EEIP program.(e) Local educator excellence innovation plan.(1) In accordance with the TEC, §21.704, a school district that intends to participate in the EEIP and that meets the requirements specified in the TEC, Chapter 21, Subchapter O, and this section is required to submit a local educator excellence innovation plan to the TEA for approval. The TEA may only approve on a competitive basis a local educator excellence innovation plan that meets the program requirements specified in the TEC, §21.706, and this section.(2) A local educator excellence innovation plan must:(A) be developed by the district-level planning and decision-making committee under the TEC, Chapter 11, Subchapter F, for a school district that intends to participate in the program;(B) be designed to carry out each purpose of the program as described by the TEC, §21.7011;(C) identify campus participation districtwide or for selected campuses, as defined in subsection (b) of this section;(D) describe the process for the following:(i) recruiting and hiring new teachers:(I) from the ranks of high-achieving recent college graduates and high-performing education preparation programs; or(II) with a proven record of success in improving student learning and academic performance during prior teaching experience; and(ii) adopting early hiring practices;(E) describe the process for preparing teachers new to the district to succeed with the campus's student population, including providing meaningful, robust mentorship and professional collaboration opportunities for the purpose of improving student learning and academic performance;(F) describe the process for providing timely and frequent diagnostic feedback to teachers on both pedagogical and professional performance based on multiple measures for the purpose of improving student learning and academic performance;(G) describe the process for aligning embedded, contextual professional development opportunities within the school week to multiple measures of student learning and academic performance and teacher performance, including observation and evaluation results, so teachers can efficiently improve their practice for the purpose of improving student learning and academic performance;(H) establish strategic career pathways for professional educators that provide for non-administrative opportunities and responsibilities; and(I) establish compensation plans to recruit and retain effective teachers or highly successful former teachers and deploy them meaningfully to support campus collaboration and pedagogical improvement for the purpose of improving student learning and academic performance.(3) A school district must act pursuant to its local school board policy for submitting a local educator excellence innovation plan and grant application to the TEA.(4) A local decision to approve and submit a district local educator excellence innovation plan and grant application may not be appealed to the commissioner.(5) A school district may renew its local educator excellence innovation plan for three consecutive school years without resubmitting a full grant application to the TEA.(6) A school district may amend, with the TEA approval, its local educator excellence innovation plan in accordance with subsections (c) and (h) of this section for each school year the school district receives a program grant.(7) A school district may apply to the commissioner in writing for a waiver to exempt the district or one or more district campuses from one or more of the statutory sections listed in the TEC, §21.7061(a).(8) If a district applies for a waiver in accordance with the TEC, §21.7061, then:(A) the application for the waiver must demonstrate:(i) why waiving the identified section of the TEC is necessary to carry out the purposes of the program as described by the TEC, §21.7011;(ii) approval for the waiver by a vote of a majority of the members of the school district board of trustees;(iii) approval for the waiver by a vote of a majority of the educators employed at each campus for which the waiver is sought; and(iv) evidence that the voting occurred during the school year and in a manner that ensured that all educators entitled to vote had a reasonable opportunity to participate in the voting;(B) the commissioner shall notify in writing each district that applies for a waiver under this subsection whether the application has been granted or denied not later than April 1 of the year in which the application is submitted; and(C) a waiver granted under this subsection expires when the waiver is no longer necessary to carry out the purposes of the program as described by the TEC, §21.7011, in accordance with the district's local educator excellence innovation plan.(f) Conditions of operation.(1) A school district must identify performance measures in the application for the success of the local educator excellence innovation plan. The performance measures must:(A) directly relate to the program purposes as specified in the TEC, §21.7011;(B) include measures of student learning and academic performance and growth;(C) relate to improved teacher performance, growth, support, and retention;(D) include targets for school district performance, and specifically for selected campuses if the district program is not districtwide, that align to the components of the indices that comprise the state academic accountability system; and(E) be in accordance with program guidelines established by the commissioner.(2) If a school district fails to faithfully implement the local educator excellence innovation plan as approved by the TEA, the commissioner may disqualify a school district from receiving a grant award from the EEIP the subsequent grant year.(3) If a school district fails to accurately keep and appropriately report performance measures or other EEIP requirements, the commissioner may disqualify a school district from receiving a grant award from the EEIP the subsequent grant year.(g) Amount of grant awards.(1) In accordance with the TEC, §21.703, each school district selected to receive a competitively awarded grant under the EEIP is entitled to an award in an amount determined by considerations such as:(A) the scope of the approved educator excellence innovation plan;(B) the number of campuses within a district participating in the approved educator excellence innovation plan and the student enrollment of those campuses; and(C) other considerations to allow for the successful implementation of the district's approved educator excellence innovation plan.(2) Award amounts may vary from one year to the next.(h) Award payments.(1) A school district may use grant funds awarded to the district under this program only to carry out purposes of the program as described by the TEC, §21.7011, in accordance with the district's local educator excellence innovation plan.(2) The use of grant funds may include, but is not limited to:(A) implementation and administration of a high-quality mentoring program for teachers in a teacher's first three years of classroom teaching using mentors who meet the qualifications prescribed by the TEC, §21.458(b);(B) implementation of a teacher evaluation system using multiple measures that include:(i) the results of classroom observations, which may include student comments;(ii) the degree of student educational growth and learning; and(iii) the results of teacher self-evaluations;(C) to the extent permitted under the TEC, Chapter 25, Subchapter C, restructuring of the school day or school year to provide for embedded and collaborative learning communities for the purpose of professional development;(D) establishment of an alternative teacher compensation or retention system;(E) implementation of incentives designed to reduce teacher turnover;(F) funding for campus non-teaching positions dedicated to acting as coaches or master teachers to facilitate leadership team meetings and educator meetings designed to promote and implement proven strategies in the classroom and provide formative feedback to educators on a weekly basis;(G) funding for instructional coaches; and(H) implementation of strategies designed to bring prestige to the teaching profession, which may include but are not limited to establishing career pathways.</content><note type="source"><p>Source Note: The provisions of this §102.1073 adopted to be effective November 18, 2013, 38 TexReg 8202.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scGG"><num value="GG">SUBCHAPTER GG</num><heading>COMMISSIONER'S RULES CONCERNING POSTSECONDARY PREPARATION PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scGG/s102.1091"><num value="102.1091">§102.1091</num><heading>College and Career Readiness School Models</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Benchmarks--The standards for program implementation that are included in the blueprints.(2) Blueprint--The document that outlines the College and Career Readiness School Models (CCRSM) requirements, including benchmarks, design elements, artifacts, and outcomes-based measures.(3) Business or industry partner--Employers who enter into a formal agreement with a Pathways in Technology Early College High School (P-TECH) to support work-based learning (WBL).(4) Design elements--The processes, structures, or services within each benchmark that a CCRSM campus must fulfill.(5) Designated campus--A CCRSM campus with six or more years of implementation that has met outcomes-based measures (OBMs) necessary for designation.(6) Designated with Distinction campus--A CCRSM campus with seven or more years of implementation that has met Designated with Distinction OBMs.(7) Early College High School (ECHS)--A school established under Texas Education Code (TEC), §29.908, that enables a student in Grade 9, 10, 11, or 12 who is at risk of dropping out of school, as defined by TEC, §29.081, or who wishes to accelerate completion of high school to combine high school courses and college-level courses. An ECHS program must provide for a course of study that, on or before the fifth anniversary of a student's first day of high school, enables a participating student to receive both a high school diploma and either an applied or academic associate degree, with a completed field of study curriculum, as defined by TEC, §61.823, that is transferable toward a baccalaureate degree at one or more general academic teaching institutions, as defined by TEC, §61.003.(8) Institution of higher education (IHE)--An institution of higher education has the meaning assigned by TEC, §61.003.(9) Needs improvement campus--A CCRSM campus with six or more years of implementation that has not met OBMs necessary for designation.(10) Optional Flexible School Day Program (OFSDP)--A program approved by the commissioner of education to provide flexible hours and days of attendance for eligible students in Grades 9-12, as defined in §129.1027 of this title (relating to Optional Flexible School Day Program).(11) Outcomes-based measures--The data indicators related to access, achievement, and attainment that a CCRSM campus is required to meet to achieve a status of Designated or Designated with Distinction.(12) Pathways in Technology Early College High School--A school established under TEC, §29.553, that enables a student in Grades 9, 10, 11, or 12 who is at risk of dropping out of school, as defined by TEC, §29.081, or who wishes to accelerate completion of high school to combine high school and postsecondary courses. A P-TECH program must be open enrollment and provide for a course of study that, on or before the sixth anniversary of a student's first day of high school, enables a participating student to receive both a high school diploma and an associate degree, a two-year postsecondary certificate, or an industry certification, and must include a work-based education program.(13) Planning campus--A CCRSM campus with zero years of implementation.(14) Provisional campus--A CCRSM campus with one to five years of implementation.(15) School district--For the purposes of this section, the definition of school district includes an open- enrollment charter school.(16) Work-based education program--Practical, hands-on activities or experiences through which a learner interacts with industry professionals in a workplace that may be an in-person, virtual, or simulated setting. Learners prepare for employment or advancement along a career pathway by completing purposeful tasks that develop academic, technical, and employability skills. A work-based education program is also known as work-based learning.(b) Conditions for approval of CCRSM status.(1) Conditions for approval of a Planning campus.(A) Applicant eligibility. Any school district may submit a separate application on behalf of each campus it requests to be considered as a Planning campus.(B) Application process. A school district must submit each application in accordance with the program application cycle (PAC) procedures determined by the commissioner.(C) Planning campus timeline. A planning campus shall be eligible to apply for Provisional campus status after the mandatory planning year.(2) Conditions for approval of a Provisional campus.(A) Applicant eligibility. Any Planning campus or approved provisional campus may submit an application to be considered as a Provisional campus.(B) Application process. Any Planning campus or approved Provisional campus must submit each application in accordance with the PAC procedures determined by the commissioner.(C) Provisional campus timeline. A Provisional campus shall be eligible to apply to renew its status as a Provisional campus yearly for up to five years.(3) Conditions for approval of a Designated campus.(A) Applicant eligibility. A Provisional campus entering its fifth year of operation may submit an application on behalf of the campus it requests to be considered as a Designated campus.(B) Application process. A prospective Designated campus must submit each application in accordance with the PAC procedures determined by the commissioner. Campuses must meet access, achievement, and attainment OBM criteria and implement all design elements in order to receive CCRSM Designated status.(C) Designated campus timeline. A Designated campus shall be eligible to apply to renew its status as a Designated campus yearly.(4) Conditions for approval of a Designated with Distinction campus.(A) Applicant eligibility. A Designated campus may qualify for Designated with Distinction status in one or more of the following OBM distinction criteria areas beginning in its seventh year of operation:(i) access;(ii) achievement; and(iii) attainment.(B) Application process. A prospective Designated with Distinction campus must submit each application in accordance with the PAC procedures determined by the commissioner. The campus application in the PAC will serve as the Designated with Distinction application. Campuses must meet access, achievement, and attainment designated with distinction OBM criteria and implement all design elements in order to receive CCRSM Designated with Distinction status.(C) Designated with Distinction campus timeline. A Designated with Distinction campus shall qualify to renew its status as a Designated with Distinction campus yearly.(c) Needs Improvement and revocation of CCRSM status.(1) Determination of CCRSM Needs Improvement status. If the conditions of approval for CCRSM Designated status are not met, including failure to meet the required OBM designated criteria, the CCRSM campus will be classified as a CCRSM Needs Improvement campus.(2) Needs Improvement campus timeline. A Needs Improvement campus is required to remain in the Needs Improvement status for a period of three school years following campus notification of the Needs Improvement status. During the three years of Needs Improvement status, the campus is required to complete the PAC for Needs Improvement progress reports.(3) Needs Improvement progress monitoring. During the three years of Needs Improvement status, the campus will receive targeted technical assistance at no cost to the CCRSM to improve OBMs.(4) Fulfillment of CCRSM Needs Improvement requirements. Following completion of the three-year Needs Improvement period and upon successfully meeting the OBM designation criteria, the CCRSM will move out of the Needs Improvement status and into the Designated or Designated with Distinction status.(5) Revocation of CCRSM status. Following completion of the mandatory three years of Needs Improvement status, if a CCRSM does not successfully meet the OBM designation criteria, the authorization of the campus as a CCRSM will be revoked and the campus will be removed from the CCRSM network.(d) Notification timeline. TEA will notify each applicant of its selection or non-selection as a CCRSM Planning, Provisional, Designated, Designated with Distinction, or Needs Improvement campus. The designation notification will be sent no later than the summer following the submission of the campus application in the PAC. Campuses selected for Planning, Provisional, Designated, and Designated with Distinction status will be publicly identified on TEA's website and will be identified as such in designation status notification to the district and to the IHE partner listed in the CCRSM PAC. Campuses in Needs Improvement status will not be publicly identified but will be identified as Needs Improvement in the designation status notification sent to the district and to the IHE partner listed in the CCRSM PAC.(e) Conditions of CCRSM program operation.(1) As established under TEC, §29.908, an ECHS must:(A) enable a student in Grade 9, 10, 11, or 12 who is at risk of dropping out of school, as defined by TEC, §29.081, or who wishes to accelerate completion of high school to provide for a course of study that enables a participating student to combine high school courses and college-level courses;(B) allow participating students to complete high school and enroll in a program at an IHE that will enable a student to, on or before the fifth anniversary of a student's first day of high school, receive a high school diploma and either an applied or academic associate degree, with a completed field of study curriculum, as defined by TEC, §61.823, that is transferable toward a baccalaureate degree at one or more general academic teaching institutions, as defined by TEC, §61.003;(C) include articulation agreements with colleges, universities, and technical schools in Texas to provide a participating student access to postsecondary educational and training opportunities at a college, university, or technical school; and(D) provide a participating student flexibility in class scheduling and academic mentoring.(2) As established under TEC, §29.553, a P-TECH must:(A) be open enrollment and enable a student in Grade 9, 10, 11, or 12 who is at risk of dropping out of school, as defined by TEC, §29.081, or who wishes to accelerate completion of high school to combine high school courses and postsecondary courses;(B) provide for a course of study that, on or before the sixth anniversary of a student's first day of high school, enables a participating student to receive both a high school diploma and an associate degree, a two-year postsecondary certificate, or an industry certification and complete work-based training;(C) include articulation agreements with colleges, universities, and technical schools in Texas to provide a participating student access to postsecondary educational and training opportunities at a college, university, or technical school;(D) include a memorandum of understanding with regional business or industry partners to provide a participating student access to work-based training;(E) include in each memorandum of understanding with a regional business or industry partner an agreement that the regional business or industry partner will give to a student who receives work-based training from the partner under the P-TECH program first priority in interviewing for any jobs for which the student is qualified that are available on the students' completion of the program; and(F) provide a participating student flexibility in class scheduling and academic mentoring.(3) The CCRSM must comply with all the requirements outlined in the CCRSM blueprints. If a CCRSM chooses to discontinue CCRSM operations, the CCRSM must ensure previously enrolled CCRSM students will have the opportunity to complete their course of study. The CCRSM must notify TEA of its decision to discontinue operations and submit an official letter from the district superintendent with the district decision.(4) A school district operating a CCRSM program must comply with all assurances included in the program application submitted through the PAC. If the CCRSM changes the location of the CCRSM, the CCRSM model, or the IHE partner outside of the PAC, the CCRSM must notify TEA of the change.(5) CCRSM approval is valid for a maximum of one school year.(6) The CCRSM program must be provided at no cost to CCRSM students. A student enrolled in a CCRSM program may not be required to pay for tuition, fees, or required textbooks for any coursework. The school district in which the student is enrolled shall pay for tuition, fees, and required textbooks, to the extent those charges are not waived by the IHE.(7) P-TECH Year 5 and 6 students are not counted for accountability purposes.(f) Programs available to an approved CCRSM.(1) Approval as a CCRSM will allow a campus to access programs available to CCRSM programs.(2) An approved CCRSM campus may access the OFSDP defined in §129.1027 of this title. An approved CCRSM campus is eligible for OFSDP but must apply separately in accordance with TEC, §29.0822, and procedures established by the commissioner.(3) Approval as a P-TECH will allow a campus to access programs available to the P-TECH, including participation in a Year 5 and Year 6 P-TECH program.(4) P-TECH Year 5 and 6 students are not counted for accountability purposes.(g) Evaluation of a CCRSM program. Evaluation of the CCRSM program will occur through the PAC and using self-reported data provided by the campus to generate OBM data. Progress monitoring will also occur at the campus level through campus coaching provided through state-appointed technical assistance.(h) Revocation of authority.(1) The commissioner may deny renewal or revoke the authorization of a CCRSM program based on the following factors:(A) noncompliance with application assurances and/or the provisions of this section;(B) lack of program success as evidenced by progress reports and program OBM data;(C) failure to meet performance standards specified in the application and/or CCRSM blueprints; or(D) failure to provide accurate, timely, and complete information as required by TEA to evaluate the effectiveness of the CCRSM program.(2) A decision by the commissioner to deny renewal as or revoke authorization of a CCRSM is final and may not be appealed.(3) The commissioner may impose sanctions on a school district as authorized by TEC, Chapters 39 and 39A, for failure to comply with the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §102.1091 adopted to be effective August 22, 2024, 49 TexReg 6210.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scGG/s102.1097"><num value="102.1097">§102.1097</num><heading>Financial Aid for Swift Transfer Program</heading><content>(a) Purpose. The Financial Aid for Swift Transfer (FAST) program is established to allow eligible students to enroll, at no cost to the student, in dual credit courses at participating institutions of higher education.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Dual credit course--A course offered for joint high school and junior college credit under Texas Education Code (TEC), §130.008, or another course offered by an institution of higher education for which a high school student may earn credit toward satisfaction of:(A) a requirement necessary to obtain an industry-recognized credential or certificate or an associate degree;(B) a foreign language requirement at an institution of higher education;(C) a requirement in the core curriculum, as that term is defined by TEC, §61.821, at an institution of higher education; or(D) a requirement in a field of study curriculum developed by the Texas Higher Education Coordinating Board under TEC, §61.823.(2) Institution of higher education--An institution of higher education has the meaning assigned by TEC, §61.003.(c) Student eligibility. A student who is educationally disadvantaged at any time during the four school years preceding the students' enrollment in a dual credit course is eligible for the FAST program. To be considered educationally disadvantaged, a student must meet the income requirements for eligibility under the National School Lunch Program (NSLP), authorized by 42 United States Code, §§1751, et seq. School districts and open-enrollment charter schools may use the following approved methods for determining student eligibility for the FAST program:(1) parent certification, where the parent or guardian asserts meeting the income requirements for eligibility under this subsection;(2) direct certification, where eligible children are certified for free meals without the need for a household application based on household participation in one or more federal assistance programs; or(3) direct verification, where public records are used to verify a student's eligibility for free or reduced-price meals when verification of student eligibility is required.(d) Student eligibility under an alternative method. School districts and open-enrollment charter schools with one or more campuses not participating in the NSLP may derive an eligible student count by an alternative method as determined by the Texas Education Agency (TEA).(e) Community Eligibility Provision (CEP). School districts and open-enrollment charter schools with one or more campuses using the CEP must still determine each student's individual eligibility status under the income guidelines for the NSLP for purposes of the FAST program.(f) Recordkeeping. School districts and open-enrollment charter schools that participate in the FAST program pursuant to this section are responsible for obtaining the appropriate data from families of potentially eligible students, verifying that information, and retaining records.(g) Auditing procedures. TEA will conduct an audit of data submitted by school districts and open-enrollment charter schools that participate in the FAST program pursuant to this section at the discretion of the commissioner of education.(h) Data source. The FAST program will be based on each eligible student submitted by school districts and open-enrollment charter schools in the Texas Student Data System Public Education Information Management System fall submission. An indicator must be submitted for every educationally disadvantaged student and each student coded with average daily attendance (ADA) eligibility, except those students who are homeless, not enrolled, or otherwise ineligible for ADA or who reside in a residential facility and whose parents live outside the district.</content><note type="source"><p>Source Note: The provisions of this §102.1097 adopted to be effective August 22, 2024, 49 TexReg 6214.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scHH"><num value="HH">SUBCHAPTER HH</num><heading>COMMISSIONER'S RULES CONCERNING THE TEXAS ADOLESCENT LITERACY ACADEMIES</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scHH/s102.1101"><num value="102.1101">§102.1101</num><heading>Attendance and Completion Requirements for Texas Adolescent Literacy Academies</heading><content>(a) Purpose. In accordance with the Texas Education Code (TEC), §21.4551, the Texas adolescent literacy academies shall provide instruction to English language arts and reading and content area teachers in successful, research-based strategies for improving students' academic literacy. The literacy academies shall be framed within a school-wide approach to address the needs of struggling adolescent readers.(1) The English Language Arts Academy training, which addresses requirements in the TEC, §21.4551(b)(1) and (2), for teachers of English language arts and reading, may be completed through participation in either a three-day face-to-face training or an 18-hour online training.(2) The Content Area Academy training, which addresses requirements in the TEC, §21.4551(b)(3), for teachers of mathematics, science, and social studies, may be completed through participation in either a nine-hour face-to-face training or a nine-hour online training.(b) Applicability. The requirements of this section apply to the following teachers in general education, special education, or English as a second language of students in Grade 6, 7, or 8 at a campus that receives a rating that reflects unacceptable performance and that fails to meet the state system safeguard performance target in reading for one or more student groups:(1) a certified, full-time English language arts and reading teacher who instructs English language arts and/or reading for at least 50% of the teacher's instructional duties;(2) a certified, full-time content area teacher who instructs mathematics, science, and/or social studies for at least 50% of the teacher's instructional duties; and(3) a noncertified, full-time teacher at an open-enrollment charter school who meets the subject area and instructional duties criteria specified in paragraph (1) or (2) of this subsection.(c) Attendance and completion requirements.(1) A teacher described in subsection (b) of this section is required to complete the training not later than December 31 of the calendar year in which the rating that reflects unacceptable performance is assigned.(2) Each education service center (ESC) providing face-to-face training will determine attendance requirements and the process for the makeup of any days missed due to emergencies on an individual basis.(3) Completion of face-to-face training is determined by the ESC providing the training. Completion of online training is accomplished through successful completion of assessments embedded in the training.(d) Eligibility for teacher stipends. A teacher whose attendance is required in subsection (b) of this section is eligible for a teacher stipend upon completion of the face-to-face training if funds have been appropriated and are available for that purpose. A teacher who completes the online training is not eligible for a stipend.(e) Record retention. Each school district with teachers required to attend and complete Texas adolescent reading academies according to this section must maintain records to verify teacher attendance and completion in accordance with the school district's record retention policy.</content><note type="source"><p>Source Note: The provisions of this §102.1101 adopted to be effective July 6, 2008, 33 TexReg 5007; amended to be effective December 27, 2015, 40 TexReg 9639.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scII"><num value="II">SUBCHAPTER II</num><heading>COMMISSIONER'S RULES CONCERNING TEXAS HIGH PERFORMANCE SCHOOLS CONSORTIUM</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scII/s102.1201"><num value="102.1201">§102.1201</num><heading>Texas High Performance Schools Consortium</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Consortium--A group of school districts selected to participate in the Texas High Performance Schools Consortium as established under the Texas Education Code (TEC), §7.0561, for the purpose of informing the governor, legislature, State Board of Education, and commissioner of education concerning methods for transforming public schools in Texas by improving student learning through the development of innovative, next-generation learning standards and assessment and accountability systems, including standards and systems relating to career and college readiness.(2) Consortium principles--The following four principles shall be addressed by the consortium as mandated by the TEC, §7.0561:(A) digital learning--engagement of students in digital learning, including, but not limited to, engagement through the use of electronic textbooks and instructional materials adopted under the TEC, Chapter 31, Subchapters B and B-1, and courses offered through the state virtual school network under the TEC, Subchapter 30A;(B) learning standards--emphasis on learning standards that focus on high-priority learning standards identified in coordination with school districts and open-enrollment charter schools participating in the consortium;(C) multiple assessments--use of multiple assessments of learning capable of being used to inform students, parents, school districts, and open-enrollment charter schools on an ongoing basis concerning the extent to which learning is occurring and the actions consortium participants are taking to improve learning; and(D) local control--reliance on local control that enables communities and parents to be involved in the important decisions regarding the education of their children.(3) Curricular goal--A measurable learning outcome expected as a result of student participation in instruction covering a specific portion of the curriculum.(4) High-priority learning standards--Learning standards that are manageable in number and of high importance in student learning such as those that have been identified by the Texas Education Agency (TEA) as "readiness standards." Additional high-priority learning standards will be identified in coordination with school districts and open-enrollment charter schools participating in the consortium.(5) Learning standards--Standards that a student must master to be successful in a competitive, postsecondary environment, including standards approved by the State Board of Education as part of the Texas Essential Knowledge and Skills.(6) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school unless otherwise specified.(b) Eligibility. To be eligible to apply for participation in the consortium, the following criteria must be met, as applicable.(1) A school district and its participating campus(es) must not have been awarded the lowest performance rating as its most recent state academic accountability rating under §97.1001 of this title (relating to Accountability Rating System).(2) Either a school district or its participating campus(es) must have received either national, statewide, or regional public acknowledgment from an organization relying on expertise in the field of education for district-wide or campus-wide excellence in academic performance or innovative practices in one of the areas described by the consortium principles in subsection (a)(2) of this section.(3) In accordance with the TEC, §7.0561(c), an open-enrollment charter school must have been awarded a distinction designation with its most recent state academic accountability rating under §97.1001 of this title.(4) A school district and an open-enrollment charter school must be in compliance with the TEA audit requirements determined under §109.41 of this title (relating to Financial Accountability System Resource Guide).(5) A school district and an open-enrollment charter school must also meet other criteria determined by the commissioner and specified in the request for application (RFA).(c) Initial application and participation.(1) An eligible school district must apply through the RFA process to be considered as a participant in the consortium.(2) An eligible school district must submit an application fee not to exceed $500 to cover the costs of the application review process.(3) In the application, a school district must:(A) identify the individual who will serve as the school district's coordinator for consortium activities and point of contact for participation in the consortium;(B) designate which campus or campuses will participate in the consortium;(C) provide a detailed action plan to support improved instruction of and learning by students that includes the following features:(i) a description of how the school district and its campuses currently are addressing or plan to address the four consortium principles specified in subsection (a)(2) of this section;(ii) a detailed description of the curricular goals to be addressed in the action plan;(iii) a description of how resources will be acquired to support teachers in improving student learning;(iv) an analysis of evidence that demonstrates the accuracy of any assessment(s) used or planned to be used in the school district to measure the quality of learning, including the methodology and metrics employed; and(v) a description of any waiver(s) for a prohibition, requirement, or restriction for which the school district wishes to apply;(D) provide evidence that school district stakeholders, including parents, teachers, students, and community members, have participated in the development and/or review and approval of the action plan;(E) provide evidence that the application and action plan have been considered and approved by the school district's board of trustees;(F) include assurances that the school district and its board of trustees will conform to the policies and procedures governing the operation of the consortium, as established by the commissioner, addressing such issues as attendance, reporting, financial support, and mentoring; and(G) meet any additional requirements specified in the RFA.(4) A school district that has been selected to participate in the consortium is not required to reapply for participation. A school district may discontinue participation by indicating in writing to the commissioner its desire to discontinue participation.(5) The commissioner may replace a consortium participant at the commissioner's discretion.(d) Criteria and methodology for selecting participants in the consortium.(1) Applications will be selected based on quality of the application and the extent to which the district's participation ensures representation in the following categories in compliance with the TEC, §7.0561(c).(A) Type. Using the most recent available definitions of type as set forth in the TEA's District Type Data, the commissioner shall select at least one district in each of the following categories:(i) urban, as represented by categories titled Major Urban and Other Central City;(ii) suburban, as represented by categories titled Major Suburban and Other Central City Suburban;(iii) non-metropolitan, as represented by categories titled Independent Town, Non-Metropolitan: Fast-Growing, Non-Metropolitan: Stable; and(iv) rural, as represented by the category titled Rural.(B) Size. Using student enrollment figures reported to the TEA for the previous school year, the commissioner shall select at least one district in each of the following categories:(i) large district: district with a student population of 10,000 or more students;(ii) mid-size district: district with a student population between 1,000 and 9,999; and(iii) small district: district with a student population of 999 or fewer.(C) Student demographics. Using the most recent available data in the TEA's Texas Student Data System Public Education Information Management System, the commissioner shall select districts whose student demographics, when aggregated with other consortium participants, will result in a diverse student population that is representative of the state's overall public school student population in the following categories:(i) ethnicity and race;(ii) economically disadvantaged;(iii) English language learners;(iv) students identified to receive special education services; and(v) students identified as gifted and talented.(2) In selecting school districts, the commissioner shall ensure, in accordance with the TEC, §7.0561(d), that the aggregate number of students enrolled in campuses participating in the consortium does not exceed 10% of the total number of students enrolled in Texas public schools based on student enrollment figures reported to the TEA for the previous school year. In order to ensure compliance with this statutory requirement:(A) a school district may designate in its application the entire district or only one or more campus(es) to participate in the consortium; and(B) the commissioner may require a school district to reduce the number of campuses designated in its application as a condition for participation in the consortium.(3) The commissioner may select no more than 30 school districts to participate in the consortium.(e) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation in the consortium.(f) Financing of consortium.(1) For the purpose of implementing this section, the commissioner or a school district participating in the consortium may accept gifts, grants, or donations from any source, including a private entity or governmental entity.(2) To recover TEA costs, the commissioner may charge a participation fee of at least $2,500 annually and not to exceed $10,000 annually to each school district selected to participate in the consortium. The commissioner may adjust the fee proportionate to the number of campuses the district has designated to participate in the consortium. Each school district's participation fee shall be reduced by the application fee amount paid in accordance with subsection (c)(2) of this section.(g) Reporting by consortium. The school districts participating in the consortium must submit reports concerning the performance and progress of the consortium not later than December 1 of each even-numbered year to the:(1) governor;(2) legislature;(3) State Board of Education; and(4) commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §102.1201 adopted to be effective May 6, 2012, 37 TexReg 3402; amended to be effective May 3, 2017, 42 TexReg 2340.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scJJ"><num value="JJ">SUBCHAPTER JJ</num><heading>COMMISSIONER'S RULES CONCERNING INNOVATION DISTRICT</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1301"><num value="102.1301">§102.1301</num><heading>Definitions</heading><content>For purposes under this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.(1) District-level committee--This term has the meaning assigned by the Texas Education Code (TEC), §11.251, or a comparable committee if the district is exempted (or has exempted itself) from this provision.(2) Innovation plan committee--A committee appointed by the board of trustees to develop the innovation plan in accordance with statutory requirements. The district-level committee, as described in paragraph (1), may also serve in this role.(3) Public hearing--An open meeting held by the board of trustees that allows members of the public to hear facts about the proposed plan and designation and provides the opportunity for the public to give opinions and comments on the proposed actions.(4) Public meeting--An open meeting held by the board of trustees that allows members of the public to hear facts about the proposed plan and designation.(5) Unacceptable academic performance rating--For the purposes of this chapter, the term "unacceptable academic" performance rating means a rating of Improvement Required or Unacceptable Performance or as otherwise indicated in the applicable year's academic accountability manual adopted under §97.1001 of this title (relating to Accountability Rating System).(6) Unacceptable financial accountability rating--For the purposes of this chapter, the term "unacceptable financial" performance rating means a Financial Integrity Rating System of Texas (FIRST) rating of Substandard Achievement as indicated in the applicable year's financial accountability system manual adopted under §109.1001 of this title (relating to Financial Accountability Rating).</content><note type="source"><p>Source Note: The provisions of this §102.1301 adopted to be effective September 13, 2016, 41 TexReg 7089.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1303"><num value="102.1303">§102.1303</num><heading>Eligibility</heading><content>(a) A district is eligible for designation as an innovation district if the district's final and most recent performance rating under Texas Education Code (TEC), §39.054, is at least acceptable performance, as indicated in the applicable year's academic accountability manual adopted under §97.1001 of this title (relating to Accountability Rating System).(b) A board of trustees may not vote on the final approval of the innovation plan if the district is assigned either a final or preliminary rating below acceptable performance, as indicated in the applicable year's academic accountability manual adopted under §97.1001 of this title. In the event the preliminary rating is changed, the board of trustees may then vote to become an innovation district.</content><note type="source"><p>Source Note: The provisions of this §102.1303 adopted to be effective September 13, 2016, 41 TexReg 7089; amended to be effective June 20, 2023, 48 TexReg 3225.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1305"><num value="102.1305">§102.1305</num><heading>Process Timeline</heading><content>(a) If a resolution is adopted by the board of trustees or upon receipt of a petition signed by a majority of the members of the district-level committee, the board of trustees shall hold a public hearing as soon as possible, but not later than 30 days, to consider if the district should develop a local innovation plan for the designation of the district as an innovation district.(b) At the conclusion of the public hearing, or within 30 days after conclusion of the public hearing, the board of trustees may:(1) decline to pursue designation of the district as an innovation district; or(2) appoint an innovation plan committee to develop a local innovation plan in accordance with the TEC, §12A.003.(c) The board of trustees may outline the parameters around which the innovation plan committee may develop the plan.(d) Prior to the designation as an innovation district, a local innovation plan must be developed for the school district and shall meet the plan requirements as outlined in the TEC, §12A.003, and described in this subchapter.(e) The plan must be clearly posted on the district's website for the term of the designation as an innovation district.</content><note type="source"><p>Source Note: The provisions of this §102.1305 adopted to be effective September 13, 2016, 41 TexReg 7089.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1307"><num value="102.1307">§102.1307</num><heading>Adoption of Local Innovation Plan</heading><content>(a) The board of trustees may not vote on adoption of a proposed local innovation plan unless:(1) the final version of the proposed plan has been available on the district's website for at least 30 days;(2) the board of trustees has notified the commissioner of education of the board's intention to vote on adoption of the proposed plan; and(3) the district-level committee established under Texas Education Code (TEC), §11.251, has held a public meeting to consider the final version of the proposed plan and has approved the plan by a majority vote of the committee members. This public meeting may occur at any time, including up to or on the same date at which the board intends to vote on final adoption of the proposed plan.(b) A board of trustees may adopt a proposed local innovation plan by an affirmative vote of two-thirds of the membership of the board.(c) On adoption of a local innovation plan, the district:(1) is designated as a district of innovation under this subchapter for the term specified in the plan but no longer than five calendar years, subject to TEC, §12A.006;(2) shall begin operation in accordance with the plan; and(3) is exempt from state requirements identified under TEC, §12A.003(b)(2).(d) The district shall notify the commissioner of approval of the plan along with a list of approved TEC exemptions by completing the agency form provided in the figure in this subsection.Attached Graphic(e) A district's exemption described by subsection (c)(3) of this section includes any subsequent amendment or redesignation of an identified state requirement, unless the subsequent amendment or redesignation specifically applies to an innovation district.(f) The district shall ensure that a copy of the local innovation plan is posted on the district's website in accordance with TEC, §12A.0071, for the term of the designation as an innovation district.(g) Not later than the 15th day after the date on which the board of trustees finalizes a local innovation plan either through adoption, amendment, or renewal, the district shall provide a link to the local innovation plan as posted on the district's website to the Texas Education Agency for posting on the agency website.</content><note type="source"><p>Source Note: The provisions of this §102.1307 adopted to be effective September 13, 2016, 41 TexReg 7089; amended to be effective January 31, 2018, 43 TexReg 462; amended to be effective October 25, 2022, 47 TexReg 6982; amended to be effective January 8, 2026, 51 TexReg 126.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1309"><num value="102.1309">§102.1309</num><heading>Prohibited Exemptions</heading><content>(a) An innovation district may not be exempted from the following sections of the Texas Education Code (TEC) and the rules adopted thereunder:(1) a state or federal requirement, imposed by statute or rule, applicable to an open-enrollment charter school operating under TEC, Chapter 12, Subchapter D, including, but not limited to, the requirements listed in TEC, §12.104(b), and:(A) TEC, Chapter 21, §21.0032 and §21.057;(B) TEC, Chapter 22, Subchapter B;(C) TEC, Chapter 25, Subchapter A, §§25.001, 25.002, 25.0021, 25.0031, and 25.004;(D) TEC, Chapter 28, §§28.002, 28.0021, 28.0023, 28.004, 28.005, 28.0051, 28.006, 28.016, 28.0211, 28.0213, 28.0217, 28.025, 28.0254, 28.02541, 28.0255, 28.0258, 28.0259, and 28.026;(E) TEC, Chapter 29, Subchapter G;(F) TEC, Chapter 30, Subchapter A;(G) TEC, §30.104;(H) TEC, Chapter 34;(I) TEC, Chapter 37;(J) TEC, Chapter 39; and(K) TEC, Chapter 39A.(2) TEC, Chapter 11, Subchapters A, C, D, and E, except that a district may be exempt from TEC, §11.1511(b)(5) and (14) and §11.162;(3) TEC, Chapter 12, Subchapter C;(4) TEC, Chapter 12A;(5) TEC, Chapter 13;(6) TEC, Chapter 44, §§44.0011, 44.002, 44.003, 44.004, 44.0041, 44.005, 44.0051, 44.006, 44.007, 44.0071, 44.008, 44.009, 44.011, 44.0312, 44.032, 44.051, 44.052, 44.053, and 44.054;(7) TEC, Chapter 45, §§45.003, 45.0031, 45.005, 45.105, 45.106, 45.202, 45.203;(8) TEC, Chapter 46;(9) TEC, Chapter 48; and(10) TEC, Chapter 49.(b) In addition to the prohibited exemptions specified in subsection (a) of this section, an innovation district may not be exempted from:(1) a requirement of a grant or other state program in which the district voluntarily participates;(2) duties that the statute applies to the execution of that power if a district chooses to implement an authorized power that is optional under the terms of the statute;(3) a requirement of a grant or other state program authorized in the TEC that would otherwise entitle the district to participation in that program; and(4) requirements imposed by provisions outside the TEC, including requirements under Texas Government Code, Chapter 822.</content><note type="source"><p>Source Note: The provisions of this §102.1309 adopted to be effective September 13, 2016, 41 TexReg 7089; amended to be effective January 31, 2018, 43 TexReg 462; amended to be effective January 8, 2020, 45 TexReg 339; amended to be effective October 25, 2022, 47 TexReg 6982; amended to be effective January 8, 2026, 51 TexReg 126.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1311"><num value="102.1311">§102.1311</num><heading>Term</heading><content>The term of a district's designation as a district of innovation may not exceed five calendar years and is effective upon district approval and notification of the plan to the Texas Education Agency. A district may only have one innovation plan at any given time.</content><note type="source"><p>Source Note: The provisions of this §102.1311 adopted to be effective September 13, 2016, 41 TexReg 7089.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1313"><num value="102.1313">§102.1313</num><heading>Amendment, Rescission, or Renewal</heading><content>(a) A district innovation plan may be amended, rescinded, or renewed if the action is approved by a majority vote of the district-level committee established under Texas Education Code (TEC), §11.251, or a comparable committee if the district is exempt from that section, and a two-thirds majority vote of the board of trustees.(1) Amendment. An amendment to an approved plan does not change the date of the term of designation as an innovation district. Exemptions that were already formally approved are not required to be reviewed.(2) Rescission. A district must notify the Texas Education Agency within five business days of rescission and provide a date at which time it will be in compliance with all sections of the TEC, but no later than the start of the following school year.(3) Renewal. During renewal, all sections of the plan and exemptions shall be reviewed and the district must follow all components outlined in §102.1307 of this title (relating to Adoption of Local Innovation Plan), except that a district is not required to notify the commissioner of education of the board's intention to vote on the adoption of the proposed plan under §102.1307(a)(2) of this title.(A) A district must meet eligibility requirements under §102.1303 of this title (relating to Eligibility) in order to renew an innovation plan.(B) In the event that a district fails to renew a plan prior to the expiration of its term, a district may renew the plan in the six months subsequent to the plan's date of expiration in order to maintain a continuous designation as a district of innovation.(i) The term of a renewed plan, subject to §102.1311 of this title (relating to Term), may not begin prior to the date on which the board votes to adopt the renewed plan, unless the plan is adopted during the six months subsequent to the plan's date of expiration.(ii) If a plan is renewed during the timeline described in this subparagraph, the renewed plan will have a term not to exceed five calendar years, beginning on the date of expiration of the prior term.(iii) If a plan is renewed during the timeline described in this subparagraph and changes are made to the plan during the renewal process, those changes will be in effect from the date of adoption of the renewed plan through the expiration date of the renewed plan, unless amended, rescinded, or terminated.(iv) If changes are made to the plan during the renewal process, the district shall mark the changes with the date of the vote to renew the plan in order to denote the earliest date those changes may take effect.(v) A district whose plan is not renewed during the timeline described in this subparagraph shall comply with all previously adopted exemptions immediately upon expiration of the plan and begin the adoption process over again in its entirety should the district wish to pursue designation as a district of innovation in the future.(b) The district shall notify the commissioner of any actions taken pursuant to subsection (a) of this section along with the associated TEC exemptions and local approval dates.</content><note type="source"><p>Source Note: The provisions of this §102.1313 adopted to be effective September 13, 2016, 41 TexReg 7089; amended to be effective June 20, 2023, 48 TexReg 3225.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scJJ/s102.1315"><num value="102.1315">§102.1315</num><heading>Termination</heading><content>(a) The commissioner of education may:(1) terminate a district's designation as a district of innovation if, beginning with its ratings in the year of designation, the district is assigned for two consecutive school years:(A) a final unacceptable academic performance rating under the Texas Education Code (TEC), §39.054;(B) a final unacceptable financial accountability rating under the TEC, §39.082; or(C) a final unacceptable academic performance rating under the TEC, §39.054, for one of the school years and a final unacceptable financial accountability rating under the TEC, §39.082, for the other school year;(2) permit the district to amend the district's local innovation plan to address concerns specified by the commissioner in lieu of terminating the designation as described in paragraph (1) of this subsection; or(3) terminate a district's designation as a district of innovation if the district:(A) fails to comply with the duty to discharge or refuse to hire certain employees or applicants for employment under the TEC, §12.1059; (B) fails to comply with the duty to discharge or refuse to hire certain employees or applicants convicted of certain offenses under the TEC, §22A.157; or(C) fails to comply with the duty to discharge or refuse to hire certain employees or applicants not eligible for employment in public schools under the TEC, §22A.151.(b) The commissioner shall terminate a district's designation as a district of innovation if, beginning with its ratings in the year of designation, the district is assigned for three consecutive school years:(1) a final unacceptable academic performance rating under the TEC, §39.054;(2) a final unacceptable financial accountability rating under the TEC, §39.082; or(3) any combination of one or more unacceptable ratings under paragraph (1) of this subsection and one or more unacceptable ratings under paragraph (2) of this subsection.(c) Upon termination of an innovation plan, a district must return to compliance with all specified areas of the TEC by a date to be determined by the commissioner.(d) A decision by the commissioner under this section is final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §102.1315 adopted to be effective September 13, 2016, 41 TexReg 7089; amended to be effective January 8, 2020, 45 TexReg 339; amended to be effective January 8, 2026, 51 TexReg 126.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scKK"><num value="KK">SUBCHAPTER KK</num><heading>COMMISSIONER'S RULES CONCERNING COMPLIANCE INVESTIGATIONS IN CONNECTION WITH STATE-FUNDED EDUCATION PROGRAM GRANTS</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scKK/s102.1401"><num value="102.1401">§102.1401</num><heading>Compliance Investigations</heading><content>(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Compliance investigation--An investigation by the Texas Education Agency (TEA) of a state education grant recipient to determine compliance with the statutory or rule requirements of a state education program. A compliance investigation is not a special investigation subject to the provisions of Texas Education Code (TEC), §39.003 and §39.004.(2) Corrective action--An action required by the TEA, after issuance of a final compliance investigation report, of a state education grant recipient to remove an Out-of-Compliance Status, which may include, but is not limited to, the following:(A) refunding of a portion of grant funds by the state education grant recipient to the TEA in an amount determined by the TEA to the extent the state education grant recipient failed to meet the requirements of a state education grant provision; and(B) addressing the state education grant recipient's failure to meet the requirements of a state education grant provision.(3) Out-of-Compliance Status--A status determined by the TEA in a final compliance investigation as described in subsection (g) of this section that a state education grant recipient has not met the requirements of an applicable state education grant provision or as provided in subsection (e) of this section.(4) State education grant--A grant of funds authorized by the State of Texas to implement a state education program.(5) State education grant recipient--An entity that receives state education grant funds to implement a state education program.(6) State education program--A program authorized and funded by the State of Texas to facilitate the education of children.(b) The TEA may initiate a compliance investigation at its discretion or upon receipt of a complaint from a person or entity other than the TEA.(c) The TEA may undertake a compliance investigation on site, as a desk review, or as a combination of both.(d) The TEA shall provide written notice to a state education grant recipient of an impending compliance investigation.(e) The refusal of a state education grant recipient to cooperate with a compliance investigation may result in the assignment of an Out-of-Compliance Status by the TEA to the state education grant recipient. An Out-of-Compliance Status assigned due to lack of cooperation with a compliance investigation may be removed at the TEA's discretion upon its determination that a state education grant recipient has provided the information the TEA requested.(f) Pursuant to §157.1121(6) of this title (relating to Applicability), a compliance investigation is subject to the procedures set out in Chapter 157, Subchapter EE, of this title (relating to Informal Review, Hearing Following Investigation, and Review by State Office of Administrative Hearings). A final compliance investigation report and/or corrective action is not subject to further appeal, including any appeal otherwise available under TEC, §7.057.(g) The TEA will provide any final compliance investigation report and/or corrective action plan to the superintendent/chief executive officer and the governing board of the state education grant recipient that is the subject of such final compliance investigation report, along with any recommendations of the TEA regarding any necessary improvements or sources of aid.(h) Upon receipt of additional information from the state education grant recipient regarding completion of its corrective action plan, the TEA will review the information. If the information demonstrates completion or substantial completion of the corrective action plan, the TEA will remove the Out-of-Compliance Status and notify the state education grant recipient of the removal of the Out-of-Compliance Status.(i) An Out-of-Compliance Status may bar the receipt of future discretionary state education grant funds and may disqualify future discretionary state education grant applications.(j) The commissioner may, at the commissioner's discretion, waive the effects of an Out-of-Compliance Status.</content><note type="source"><p>Source Note: The provisions of this §102.1401 adopted to be effective September 11, 2016, 41 TexReg 6684; amended to be effective October 26, 2022, 47 TexReg 6984; amended to be effective January 17, 2024, 49 TexReg 134.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scLL"><num value="LL">SUBCHAPTER LL</num><heading>COMMISSIONER'S RULES CONCERNING INNOVATIVE INSTRUCTIONAL PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scLL/s102.1501"><num value="102.1501">§102.1501</num><heading>Blended Learning Grant Program</heading><content>(a) General provisions.(1) The Texas Education Agency (TEA) will announce and execute an open application for blended learning grants pursuant to Texas Education Code (TEC), §29.924, to assist school districts and open-enrollment charter schools in implementing effective blended learning models.(2) "Blended learning" means an instructional delivery method that combines classroom and online instruction and is facilitated with instructional software.(b) Application and selection process.(1) TEA will make publicly available the blended learning grant application, eligibility criteria, and scoring rubric. Priority will be given to school districts and open-enrollment charter schools with the highest numbers of educationally disadvantaged students.(2) Submitted applications will be scored according to the published scoring rubric, and grants will be awarded by TEA to the school districts and open-enrollment charter schools whose applications are scored highest under the rubric.(3) All grantees must complete the requirements of the program described in TEC, §29.924(d).(c) Training programs. TEA will publish a list of approved training programs pursuant to TEC, §29.924. TEA will approve training programs based on a scoring rubric that will be made publicly available. The list of currently approved training programs is available on the TEA website, and TEA will update the list at its discretion.</content><note type="source"><p>Source Note: The provisions of this §102.1501 adopted to be effective March 2, 2021, 46 TexReg 1380.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c102/scLL/s102.1503"><num value="102.1503">§102.1503</num><heading>Math Innovation Zone Designation</heading><content>The commissioner of education may designate a campus as a Math Innovation Zone if all participating grade levels of the campus successfully fulfill the Math Innovation Zone fidelity of implementation requirements in planning and execution of the program, as described in paragraphs (1) and (2) of this section.(1) To achieve fidelity of implementation in planning, a school district must:(A) submit a Math Innovation Zone strategic plan to a third-party evaluator that will evaluate the plan against a publicly available rubric that addresses the requirements of Texas Education Code, §28.020(b)(1); and(B) receive approval of the plan, based on the recommendation of the third-party evaluator, from the Texas Education Agency (TEA).(2) To achieve fidelity of implementation in execution, a campus must demonstrate evidence of:(A) sufficient student progress with a TEA-approved online curriculum program, indicated by measures such as time spent in the program, lessons completed, or skills mastered;(B) sufficient teacher usage of a TEA-approved online curriculum program, indicated by measures such as weekly logins, student progress report downloads, or corrected student misconceptions;(C) sufficient time for data-driven planning for teachers, including successful completion of the full data cycle (gathering data, analyzing data, and changing practice based on the data) to improve classroom implementation of high quality instructional materials;(D) satisfactory completion of professional development opportunities for participating teachers that is aligned to the chosen TEA-approved online curriculum program and high quality instructional materials; and(E) the administration and analysis of an approved, Texas Essential Knowledge and Skills-aligned interim assessment that measures student growth and provides data to students and teachers to support future learning.</content><note type="source"><p>Source Note: The provisions of this §102.1503 adopted to be effective March 2, 2021, 46 TexReg 1381.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c102/scMM"><num value="MM">SUBCHAPTER MM</num><heading>COMMISSIONER'S RULES CONCERNING SUPPLEMENTAL SPECIAL EDUCATION SERVICES PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p2/c102/scMM/s102.1601"><num value="102.1601">§102.1601</num><heading>Parent-Directed Services for Students Receiving Special Education Services</heading><content>(a) The Texas Education Agency (TEA) will administer the Parent-Directed Special Education Services (PDSES) grant program in accordance with Texas Education Code (TEC), Chapter 29, Subchapter A-1.(b) Definitions. For the purposes of this section, the following definitions apply.(1) Eligible student--A student who meets all program eligibility criteria under TEC, §29.044, and this section.(2) Management system--The online system provided by the marketplace vendor to allow for account creation, management of funds, and access to the marketplace.(3) Marketplace--The virtual platform where parents and guardians with program funds may purchase goods and services.(4) Marketplace vendor--The vendor chosen by TEA to create an online marketplace for the use of program funds.(5) Supplemental instructional materials (materials)--This term has the meaning defined in TEC, §29.041, and specifically excludes materials that are provided as compensatory services or as a means of providing a student with a free appropriate public education.(6) Supplemental services (services)--This term has the meaning defined in TEC, §29.041, and specifically excludes services that are provided as compensatory services or as part of a free appropriate public education, as well as payment for an independent educational evaluation (IEE) if the parent has asked for an IEE at public expense.(7) Program-- The PDSES grant program described by TEC, Chapter 29, Subchapter A-1.(c) Eligibility criteria. All students currently enrolled in and attending a Texas public school district or open-enrollment charter school who are served under an individualized education program (IEP) in a special education program are eligible for the program with the following exclusions:(1) students who do not reside in Texas or move out of the state, not including military-connected students entitled to enroll or remain enrolled while outside the state; or(2) students who previously received a program grant, beginning with the program's launch in the 2020-2021 school year.(d) Awards.(1) Parents and guardians of eligible students will receive grants of $1,500 as long as funds are available for use in the purchasing of supplemental materials and services through the curated marketplace of educational goods and services. Parents and guardians may receive only one grant for each eligible student.(2) Grants will be prioritized for a student enrolled in a school district or open-enrollment charter school that is eligible for a compensatory education allotment under TEC, §48.104.(3) TEA will use Public Education Information Management System (PEIMS) codes submitted by school districts and open-enrollment charter schools by each school year's TEA-established fall data submission deadline to verify eligibility in order to award accounts for the program.(e) Establishment of the marketplace.(1) In accordance with TEC, §29.042(d), TEA shall award an education service center (ESC) with an operational and school district support grant, which may include, but is not limited to, the following operational requirements:(A) writing and administering a contract for a vendor for the program marketplace that curates the content in its marketplace for educational relevancy. In accordance with the Family Educational Rights and Privacy Act, the contract must require the vendor for the marketplace to protect and keep confidential students' personally identifiable information, which may not be sold or monetized;(B) providing technical assistance to parents and guardians throughout the program process;(C) serving as the main point of contact for the selected marketplace vendor to ensure eligible student accounts are appropriately spent down;(D) approving or denying all purchases from the program marketplace, including communication with parents and guardians about purchase order requests; and(E) approving or denying all potential service providers.(2) Providers of supplemental materials and services may apply to be listed in the marketplace. To become an approved marketplace service provider, an applicant must sign a service provider agreement and comply with licensing, safety, and employee background checks.(A) Organization service providers are required to provide their Texas Tax ID for TEA to verify the validity of the organization. (B) Individual service providers are required to provide proof of credentials and licensing in accordance with the individual service provider categories established by TEA.(C) Service providers must maintain their eligibility to offer services under the PDSES service provider agreement and must complete an eligibility confirmation process annually. Failure to complete this process will result in removal from the marketplace. If a provider becomes ineligible, they must notify the program so they can be removed from the marketplace.(3) TEA shall provide a process for the application and approval of vendors to the marketplace.(4) TEA and the marketplace vendor shall provide a curated list of vendors through which parents and guardians can purchase educationally relevant materials. The established marketplace vendor shall be responsible for ensuring the vendors comply with program parameters as they relate to the marketplace and be responsible for all communications with marketplace vendors.(f) Application process for grant on behalf of a student.(1) TEA is responsible for the application process and the determination of which applicants are approved for program grants.(2) Parents and guardians who would like to apply on behalf of their eligible students must complete the online application.(3) TEA will establish an annual application window. If applications are submitted during the window for students who would not show as eligible under the fall PEIMS data collection used by TEA under subsection (d)(3) of this section, a parent may submit evidence of eligibility when submitting the application.(4) Upon approval of the application:(A) TEA shall send contact information for parents and guardians of eligible students in a secure manner to the online marketplace vendor for account creation and distribution;(B) parents and guardians of eligible students will receive an email to the same email address provided during application from the marketplace vendor with information on how to access their accounts; and(C) parents and guardians will be awarded an account of $1,500, depending on availability of funds, per eligible student to be used to purchase supplemental services and materials.(5) Parents and guardians of students who are determined to have violated account use restrictions under subsection (i) of this section will receive notification from TEA and be provided an opportunity to appeal the account use determination. TEA shall exercise its discretion to determine the validity of any such appeal.(6) A parent or guardian of a student who is deemed not eligible because the student cannot be verified through the PEIMS process described under subsection (d)(3) of this section or because the parent or guardian did not submit the necessary documentation during the designated application window for a student who became eligible after the timeline described in subsection (d)(3) of this section may choose to appeal this decision during the annual appeal window. If a parent or guardian does not appeal, they must reapply during a subsequent school year's application window.(7) If necessary, eligible students will be placed on a waitlist and parents and guardians will be notified. When additional funds become available, priority will be in accordance with subsection (d) of this section.(8) TEA shall maintain confidentiality of students' personally identifiable information in accordance with the Family Educational Rights and Privacy Act and, to the extent applicable, the Health Insurance Portability and Accountability Act.(g) Approval of application; assignment of account.(1) TEA shall set aside funds for a pre-determined number of accounts of $1,500 to be awarded to parents and guardians of eligible students.(2) Parents and guardians with more than one eligible student may apply and receive a grant for each eligible student.(3) Approved parents and guardians will receive an award notification email from the marketplace vendor and may begin spending account funds upon completion of account setup.(4) Parents and guardians who receive an award notification but whose student no longer qualifies under subsection (c) of this section shall notify TEA of their student's change in eligibility status.(5) Within 30 calendar days from receiving an award notification email, parents and guardians must:(A) access or log in to their account or the account may be subject to reclamation; and(B) agree to and sign the parental agreement.(h) Use of funds. Use of program funds provided to parents and guardians are limited as follows.(1) Only supplemental materials and services available through the marketplace of approved providers and vendors may be purchased with program funds.(2) Supplemental materials and services must directly benefit the eligible student's educational needs.(3) Supplemental materials shall be used in compliance with TEA purchasing guidelines.(4) If TEA approves vendors for a category of material under subsection (e) of this section, materials must be purchased from the TEA-approved vendor for that category of material. If TEA does not establish criteria for a category of materials, funds in a student's account may be used to purchase the materials from any vendor.(5) The contracted ESC has full authority to reject or deny any purchase.(6) Parents and guardians may not use program funds for reimbursement of goods or services obtained outside of the marketplace. Program funds shall not be paid directly to parents or guardians of eligible students.(i) Account use restrictions. TEA may, subject to the appeal process referenced in subsection (f)(5) of this section, close or suspend accounts and reclaim a portion or all of the funds from accounts in the marketplace if:(1) the supplemental materials or services that parents or guardians attempt to purchase are not educational in nature or are deemed to be in violation of the purchasing guidelines set forth by TEA;(2) it is determined that the supplemental materials or services purchased do not meet the definitions in subsection (b)(5) and (6) of this section;(3) the program parental agreement is not signed within 30 calendar days of receipt of account email from the marketplace vendor; or(4) a student no longer meets the eligibility criteria set out in subsection (c) of this section.(j) Requirements to provide information. School districts and open-enrollment charter schools shall notify families of the program and, unless the school district or charter school has verified that a parent has already received or applied for a program grant, shall provide the following at the student's admission, review, and dismissal (ARD) committee meeting:(1) instructions and resources on accessing the online accounts, including the application window established by TEA; and(2) information about the types of supplemental goods and services that are available through the program grant.(k) Restrictions. A student's ARD committee may not consider a student's current or anticipated eligibility for any materials or services that may be provided under this section when developing or revising a student's IEP, when determining a student's educational setting, or in the provision of a free appropriate public education.</content><note type="source"><p>Source Note: The provisions of this §102.1601 adopted to be effective December 12, 2021, 46 TexReg 8345; amended to be effective April 18, 2023, 48 TexReg 1957; amended to be effective May 28, 2024, 49 TexReg 3798; amended to be effective March 1, 2026, 51 TexReg 1123.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c103"><num value="103">CHAPTER 103</num><heading>HEALTH AND SAFETY</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c103/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING PHYSICAL FITNESS</heading><section identifier="/us/state/tx/tac/t19/p2/c103/scAA/s103.1001"><num value="103.1001">§103.1001</num><heading>Student Physical Fitness Assessment</heading><content>(a) In accordance with the Texas Education Code (TEC), Chapter 38, Subchapter C, each school district and open-enrollment charter school shall annually assess the physical fitness of students enrolled in Grades 3-12.(b) Each student must be assessed based on factors related to student health, including the factors specified in the TEC, §38.102, unless a particular factor is inappropriate for that student because of a health classification as defined in 19 TAC §74.31 of this title (relating to Health Classifications for Physical Education).(c) The assessment that each school district and open-enrollment charter school shall use to assess student physical fitness will be the assessment instrument selected by the commissioner of education through a request for offers process.</content><note type="source"><p>Source Note: The provisions of this §103.1001 adopted to be effective December 18, 2007, 32 TexReg 9340.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scAA/s103.1003"><num value="103.1003">§103.1003</num><heading>Student Physical Activity Requirements and Exemptions</heading><content>(a) In accordance with the Texas Education Code (TEC), §28.002(l), all students in Kindergarten-Grade 8 must participate in at least 30 minutes of moderate to vigorous daily physical activity subject only to the limitations or exemptions specified in this section.(1) For a student enrolled in any grade level below Grade 6, the school district or open-enrollment charter school may require a student to participate in moderate or vigorous physical activity for at least 135 minutes during each school week as an alternative.(2) A student in Grade 6, 7, or 8 must participate daily for at least four semesters during those grades.(3) A school district or open-enrollment charter school that uses block scheduling may permit a student to participate in 225 minutes of physical activity over two weeks as an alternative.(4) Each school district or open-enrollment charter school must allow an exemption from the physical activity requirement for a student with an illness or a disability using the health classifications defined in §74.31 of this title (relating to Health Classifications for Physical Education).(b) Each school district or open-enrollment charter school must provide an exemption for a student on a middle or junior high school campus to participate in an extracurricular activity that has a moderate to vigorous physical activity component and meets the requirements for extracurricular activity as defined by §76.1001 of this title (relating to Extracurricular Activities) and is a structured activity as defined by subsection (d) of this section.(c) A school district or open-enrollment charter school may allow an exemption for a student on a middle or junior high school campus participating in a school-related activity or an activity sponsored by a private league or club only if that activity meets each of the following requirements.(1) The activity must be structured as defined in subsection (d) of this section.(2) The school district's board of trustees or open-enrollment charter school board must certify the activity.(3) The student must provide proof of participation in the activity.(d) A structured activity as referenced in this section is defined as an activity that meets, at a minimum, each of the following requirements.(1) The activity is based on the grade appropriate movement, physical activity and health, and social development strands of the essential knowledge and skills for physical education specified in Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).(2) The activity is organized and monitored by school personnel or by appropriately trained instructors who are part of a program that has been certified by the school district's board of trustees or open-enrollment charter school board.</content><note type="source"><p>Source Note: The provisions of this §103.1003 adopted to be effective August 28, 2008, 33 TexReg 6828.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c103/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING GENERAL PROVISIONS FOR HEALTH AND SAFETY</heading><section identifier="/us/state/tx/tac/t19/p2/c103/scBB/s103.1101"><num value="103.1101">§103.1101</num><heading>Automated External Defibrillator (AED) Reimbursement</heading><content>(a) Eligibility. Each school district and open-enrollment charter school campus that demonstrates priority and need as set forth in this subsection may receive reimbursement for the cost of one automated external defibrillator (AED) device. (1) For purposes of this section, a "campus" is defined as a single physical facility with a unique physical address. (2) Each school district and open-enrollment charter school campus that did not have an AED device located at the campus prior to June 1, 2007, has priority for receiving reimbursement for the purchase of an AED device. (3) Each school district and open-enrollment charter school campus that purchased an AED device on or after June 1, 2007, and did not have an AED device located at the campus prior to June 1, 2007, has the greatest need for reimbursement for the purchase of an AED device. (b) Application and reimbursement. In order to receive AED reimbursement, each eligible school district and open-enrollment charter school that has at least one campus that has demonstrated priority and need as set forth in subsection (a) of this section shall submit: (1) the reimbursement application provided in this subsection entitled, "Automated External Defibrillator (AED) Reimbursement"; and Attached Graphic(2) a copy of each invoice which documents the purchase and contains the purchase price and the purchase date. (c) Reimbursement amount. Each school district and open-enrollment charter school campus that has been approved for AED reimbursement is eligible to be reimbursed for the actual amount paid for the AED device or a maximum of $1,475, whichever is less. (d) Additional available funds. Should funds be available after the AED reimbursements established by subsection (a) of this section are issued, reimbursements may be made to private school campuses that demonstrate priority and need as set forth in subsection (a) of this section. (e) Donations. In all cases, donated AED devices or AED devices purchased with donated funds are ineligible for reimbursement regardless of the date of receipt or purchase.</content><note type="source"><p>Source Note: The provisions of this §103.1101 adopted to be effective May 11, 2008, 33 TexReg 3631.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scBB/s103.1103"><num value="103.1103">§103.1103</num><heading>Opioid Antagonist Medication Requirements in Schools</heading><content>In accordance with Texas Education Code, §38.222 and §38.228, the commissioner of education adopts by reference the rules of the executive commissioner of the Texas Health and Human Services Commission, on behalf of the Department of State Health Services, in the Texas Administrative Code, Title 25, Part 1, Chapter 40, Subchapter F (relating to Opioid Antagonist Medication Requirements in Schools).</content><note type="source"><p>Source Note: The provisions of this §103.1103 adopted to be effective November 15, 2024, 49 TexReg 8720.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c103/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONERS RULES CONCERNING SAFE SCHOOLS</heading><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1201"><num value="103.1201">§103.1201</num><heading>Standards for the Operation of School District Disciplinary Alternative Education Programs</heading><content>(a) A disciplinary alternative education program (DAEP) established in conformance with the Texas Education Code (TEC), §37.008, and this section is defined as an educational and self-discipline alternative instructional program, adopted by local policy, for students in elementary through high school grades who are removed from their regular classes for mandatory or discretionary disciplinary reasons and placed in a DAEP.(b) Each school district participating in a shared services arrangement (SSA) for DAEP services shall be responsible for ensuring that the board-approved district improvement plan and the improvement plans for each campus required by the TEC, §11.251 and §11.252, include the performance of the DAEP student group for the respective district. The identified objectives for the improvement plans shall include:(1) student groups served, including overrepresentation of students from economically disadvantaged families, with ethnic and racial representations, with a disability who receive special education services, or receiving limited English proficiency/English learner services;(2) attendance rates;(3) pre- and post-assessment results;(4) dropout rates;(5) graduation rates; and(6) recidivism rates.(c) A DAEP may be located on-campus or off-campus in adherence with requirements specified in §129.1025 of this title (relating to Adoption By Reference: Student Attendance Accounting Handbook). For reporting purposes, the DAEP shall use the county-district-campus number of the student's locally assigned campus (the campus the student would be attending if the student was not attending the DAEP).(d) An individual school district or an SSA may contract with third parties for DAEP services. The district must require and ensure compliance with district responsibilities that are transferred to the third-party provider.(e) The campus of accountability for student performance must be the student's locally assigned campus, including when the individual school district or SSA contracts with a third party for DAEP services.(f) Each school district shall provide an academic and self-discipline program that leads to graduation and includes instruction in each student's currently enrolled foundation curriculum necessary to meet the student's individual graduation plan, including special education services.(1) A student's high school personal graduation plan required under TEC, §28.02121, may not be altered when the student is assigned to a DAEP. A student must be offered an opportunity to complete a foundation curriculum course in which the student was enrolled at the time of removal before the beginning of the next school year, including correspondence or distance learning opportunities or summer school. A district may not charge for a course required under this section.(2) The school day for a DAEP shall be at least 240 minutes in length each day, including intermissions and recesses as required under the TEC, §25.081.(3) Notwithstanding the TEC, §37.008(a)(3), summer programs provided by the district may serve students assigned to a DAEP in conjunction with other students, as determined by local policy.(g) A DAEP program serving a student with a disability who receives special education services shall provide educational services that will support the student in meeting the goals identified in the individualized education program established by a duly-constituted admission, review, and dismissal committee, in accordance with the TEC, §37.004, and federal requirements.(h) Each school district is responsible for the safety and supervision of the students assigned to the DAEP; however, the immunity from the liability established in the TEC, §22.0511, shall not be impacted.(1) The certified teacher-to-student ratio in a DAEP shall be one teacher for each 15 students in elementary through high school grades. Elementary grade students assigned to the DAEP shall be separated from secondary grade students assigned to the DAEP. The designation of elementary and secondary will be determined by adopted local policy.(2) The DAEP staff shall be prepared and trained to respond to health issues and emergencies.(3) Students in the DAEP shall be separated from students in a juvenile justice alternative education program and students who are not assigned to the DAEP.(4) Each district shall establish a board-approved policy for discipline and intervention measures to prevent and intervene against unsafe behavior and include disciplinary actions that do not jeopardize students' physical health and safety, harm emotional well-being, or discourage physical activity.(i) Staff at each DAEP shall participate in training programs on education, behavior management, and safety procedures that focus on positive and proactive behavior management strategies. The training programs must also target prevention and intervention that include:(1) training on the education and discipline of students with disabilities who receive special education services;(2) instruction in social skills and problem-solving skills that addresses diversity, dating violence, anger management, and conflict resolution to teach students how to interact with teachers, family, peers, authority figures, and the general public; and(3) annual training on established procedures for reporting abuse, neglect, or exploitation of students.(j) Procedures for each DAEP shall be developed and implemented for newly-entering students and their parents or guardians on the expectations of the DAEP, including written contracts between students, parents or guardians, and the DAEP that formalize expectations and establish the students' individual plans for success.(k) The transition procedures established for a student who is exiting a DAEP and returning to the student's locally assigned campus shall be implemented as required by TEC, §37.023.</content><note type="source"><p>Source Note: The provisions of this §103.1201 adopted to be effective December 14, 2008, 33 TexReg 10152; amended to be effective August 23, 2021, 46 TexReg 5186.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1203"><num value="103.1203">§103.1203</num><heading>Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs</heading><content>(a) Each school district shall be responsible for administering a pre- and post-assessment for each student assigned to the district's disciplinary alternative education program (DAEP) for a period of 90 school days or longer as required by the Texas Education Code (TEC), §37.0082. Released state assessments for reading and mathematics for the appropriate grade may be used. A school district may apply for approval of an assessment that includes the Texas Essential Knowledge and Skills for reading and mathematics for the student's assigned grade. The commissioner of education will publish on the Texas Education Agency (TEA) website a list of assessments approved for use in each school year. A school district may contact TEA to obtain accommodated versions of particular assessments.(b) The grade level of an assessment shall be based upon the academic grade completed prior to the student being assigned to a DAEP if placement occurs in the fall or first semester of the academic school year. If placement occurs in the spring or second semester of the academic school year, the student shall be administered an assessment based on the current grade level.(c) Each school district shall provide an academic report to the student's locally assigned campus, which shall include the pre- and post-assessment results of the student's basic skills in reading and mathematics, within 10 school days of the student completing the post-assessment.(d) Procedures for administering the pre- and post-assessment, including appropriate accommodations as needed, shall be developed and implemented in accordance with local school district policy.(e) A student in the district's DAEP must also be assessed under the requirements of the TEC, Chapter 39.</content><note type="source"><p>Source Note: The provisions of this §103.1203 adopted to be effective August 18, 2010, 35 TexReg 7061; amended to be effective August 23, 2021, 46 TexReg 5186.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1205"><num value="103.1205">§103.1205</num><heading>Violent Conduct for Purposes of Placement in a Disciplinary Alternative Education Program When Program is at Capacity</heading><content>(a) As authorized under Texas Education Code (TEC), §37.009(a-2), a student who has been placed in a disciplinary alternative education program (DAEP) for conduct described under TEC, §37.006(a)(2)(C-1), (C-2), (D), or (E), relating to offenses involving marihuana, e-cigarettes, alcoholic beverages, and abusable volatile chemicals, may be removed from the DAEP and placed in in-school suspension to make a position available at the DAEP for a student who has engaged in one or more acts of violent conduct, as defined in this section.(b) Violent conduct means an act by a student against another person that is intended to result in physical harm, bodily injury, or assault or a threat that reasonably places the other person in fear of imminent physical harm, bodily injury, or assault.(c) A campus behavior coordinator may determine whether a specific instance of conduct listed in paragraphs (1)-(6) of this subsection rises to the level of violent conduct for purposes of determining placement in a DAEP. If school district policy allows a student to appeal to the board of trustees or the board's designee a decision of the campus behavior coordinator or other appropriate administrator, other than an expulsion under TEC, §37.007, the decision of the board or the board's designee is final and may not be appealed.(1) TEC, §37.007(b)(1)--The student engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Texas Penal Code, §42.06, or terroristic threat under Texas Penal Code, §22.07.(2) TEC, §37.007(b)(2)(C)--While on or within 300 feet of school property, or while attending a school-sponsored or school-related activity on or off school property, the student engages in conduct that contains the elements of the offense of assault under Texas Penal Code, §22.01(a)(1), including when committed as an act of retaliation against an employee or volunteer, as described in TEC, §37.007(d).(3) TEC, §37.007(b)(2)(D)--While on or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off school property, the student engages in conduct that contains the elements of the offense of deadly conduct under Texas Penal Code, §22.05.(4) TEC, §37.007(b)(3)(A) and (B)--While within 300 feet of school property, or when committed as an act of retaliation against an employee or volunteer, whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property, the student engages in:(A) conduct that contains the elements of the offense of unlawful carrying of weapons under Texas Penal Code, §46.02;(B) an offense relating to prohibited weapons under Texas Penal Code, §46.05;(C) aggravated assault under Texas Penal Code, §22.02;(D) sexual assault under Texas Penal Code, §22.011;(E) aggravated sexual assault under Texas Penal Code, §22.021;(F) arson under Texas Penal Code, §28.02;(G) murder under Texas Penal Code, §19.02;(H) capital murder under Texas Penal Code, §19.03;(I) criminal attempt to commit murder or capital murder under Texas Penal Code, §15.01;(J) indecency with a child under Texas Penal Code, §21.11;(K) aggravated kidnapping under Texas Penal Code, §20.04;(L) aggravated robbery under Texas Penal Code, §29.03;(M) manslaughter under Texas Penal Code, §19.04;(N) criminally negligent homicide under Texas Penal Code, §19.05;(O) continuous sexual abuse of a young child or an individual with disabilities under Texas Penal Code, §21.02;(P) selling, giving, delivering to another person, possessing, using, or being under the influence of a controlled substance or dangerous drug, excluding marihuana or tetrahydrocannabinol; or(Q) possessing a firearm, as defined by 18 U.S.C. §921.(5) TEC, §37.007(b)(4)--The student engages in conduct against another student, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property, that contains the elements of:(A) the offense of aggravated assault under Texas Penal Code, §22.02;(B) sexual assault under Texas Penal Code, §22.011;(C) aggravated sexual assault under Texas Penal Code, §22.021;(D) murder under Texas Penal Code, §19.02;(E) capital murder under Texas Penal Code, §19.03; or(F) criminal attempt to commit murder or capital murder under Texas Penal Code, §15.01.(6) TEC, §37.007(c)(1)-(4)--While placed in a DAEP and on the program campus, the student engages in documented serious misbehavior despite documented behavioral interventions.</content><note type="source"><p>Source Note: The provisions of this §103.1205 adopted to be effective October 29, 2024, 49 TexReg 8581.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1207"><num value="103.1207">§103.1207</num><heading>Unauthorized Persons: Refusal of Entry, Ejection, Identification, and Appeal</heading><content>(a) A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:(1) the person poses a substantial risk of harm to any person; or(2) the person behaves in a manner that is inappropriate for a school setting; and(A) the administrator, resource officer, or peace officer issues a verbal warning to the person that the person's behavior is inappropriate and may result in the person's refusal of entry or ejection; and(B) the person persists in that behavior.(b) Identification may be required of any person on property under a district's control.(c) Each school district shall maintain a record of each verbal warning issued under subsection (a)(2)(A) of this section, including the name of the person to whom the warning was issued and the date of issuance.(d) At the time a person is refused entry to or ejected from a school district's property under this section, the district shall provide to the person written information explaining the appeal process set forth in subsection (h) of this section.(e) If a parent or guardian of a child enrolled in a school district is refused entry to the district's property under this section, the district shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under the Rehabilitation Act of 1973, Section 504, (29 United States Code, §794), in accordance with federal law.(f) The term of a person's refusal of entry to or ejection from a school district's property under this section may not exceed two years.(g) A school district shall post on the district's Internet website and each district campus shall post on any Internet website of the campus a notice regarding the provisions of this section, including the appeal process set forth in subsection (h) of this section.(h) A school district's board of trustees shall adopt a policy that uses the school district's existing grievance process to permit a person refused entry to or ejected from property controlled by the school district under this section to appeal such refusal of entry or ejection. The policy must permit a person appealing under this section to address the school district's board of trustees in person within 90 days of the commencement of the appeal, unless the appeal is granted before the school district's board of trustees considers the appeal.(i) A decision of the board of trustees to grant or deny an appeal under this section is final and may only be further appealed under the applicable provisions of Texas Education Code, §7.057.</content><note type="source"><p>Source Note: The provisions of this §103.1207 adopted to be effective August 26, 2018, 43 TexReg 5365.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1209"><num value="103.1209">§103.1209</num><heading>Mandatory School Drills</heading><content>(a) Requirement. Each school district and open-enrollment charter school shall conduct emergency safety drills in accordance with Texas Education Code (TEC), §37.114. Drills do not include persons role playing as active aggressors or other simulated threats.(b) Definitions and related terms. The following words and terms related to drills and exercises, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. These definitions do not apply to an active threat exercise, which is defined in TEC, §37.1141, and associated rules, if any.(1) General terms.(A) Active aggressor--An individual actively engaged in killing or attempting to kill people in a confined and populated area.(B) Drill--A set of procedures that test a single, specific operation or function. Drills do not include persons role playing as active aggressors or other simulated threats. Drill examples include evacuating for a fire or locking down from an internal threat.(C) Exercise--An instrument to train for, assess, practice, and improve performance in mitigation, prevention, preparedness, response, and recovery in a risk-free environment. While drills and exercises may overlap in some aspects, discussion-based and operation-based exercises are often more in depth and multi-faceted.(2) Terms defining the level of exercise.(A) Full-scale exercise--Typically the most complex and resource-intensive type of exercise. It involves multiple agencies, organizations, and jurisdictions and validates many facets of preparedness. This exercise often includes many players operating under cooperative systems such as the Incident Command System (ICS) or Unified Command. Resources and staff are mobilized as needed. All actions are taken as if the emergency is real. A full-scale exercise is the most time-consuming activity in the exercise continuum and is a multiagency, multijurisdictional effort in which all resources are deployed. A full-scale exercise tests collaborations among the agencies and participants, public information systems, communication systems, and equipment. An Emergency Operations Center is established by either law enforcement or fire services, and the ICS is activated. Because of all the logistics and resources needed for a full-scale exercise, it often takes a year to plan and is not held often. Usually, a school district or an open-enrollment charter school is not the organizer of such an exercise, but the district or charter school would play a critical role in both function and potential facility use.(B) Functional exercise--Designed to validate and evaluate capabilities, multiple functions and/or sub-functions, or interdependent groups of functions. A functional exercise is typically focused on exercising plans, policies, procedures, and staff members involved in management, direction, command, and control functions. It allows participants to practice their specific roles or functions in an emergency. This type of exercise is conducted in a realistic, real-time simulated environment and often includes simulators (individuals who assist with the facilitation of the exercise) and follows a master scenario events list that dictates additional information, occurrences, or activities that affect the exercise scenario.(C) Seminar exercise--A discussion-based exercise designed to orient participants to new or updated plans, policies, or procedures through informal discussions. Seminar exercises are often used to impart new information and formulate new ideas.(D) Tabletop exercise--A small group discussion that walks through a scenario and the courses of action a school will need to take before, during, and after an emergency to lessen the impact on the school community. Participants problem-solve together through a detailed discussion of roles, responsibilities, and anticipated courses of action. A tabletop exercise leverages a defined scenario to direct discussion and may need an experienced facilitator depending on the complexity and objectives of the exercise.(E) Workshop exercise--A type of discussion-based exercise focused on increased participant interaction and achieving or building a product (e.g., plans or policies). A workshop exercise is typically used to test new ideas, processes, or procedures; train groups in coordinated activities; and obtain consensus. A workshop exercise often uses breakout sessions to explore parts of an issue with smaller groups.(3) Terms defining the type of drill.(A) Evacuation drill--A response action schools take to quickly move students and staff from one place to another. The primary objective of an evacuation is to ensure that all staff, students, and visitors can quickly move away from the threat. Evacuation examples include a bomb threat or internal gas leak.(B) Fire evacuation drill--A method of practicing how a building would be vacated in the event of a fire. The purpose of fire drills in buildings is to ensure that everyone knows how to exit safely as quickly as possible.(C) Lockdown drill--A response action schools take to secure (close, latch, and lock) interior portions of school buildings and grounds during incidents that pose an immediate threat of violence inside the school. The primary objective is to quickly ensure all school students, staff, and visitors are secured away from immediate danger.(D) Secure drill--A response action schools take to secure (close, latch, and lock) the perimeter of school buildings and grounds during incidents that pose a threat or hazard outside of the school building. This type of drill uses the security of the physical facility to act as protection to deny entry.(E) Shelter-in-place for hazardous materials (hazmat) drill--A response action schools take to quickly move students, staff, and visitors indoors, perhaps for an extended period of time, because it is safer inside the building than outside. Affected individuals may be required to move to rooms without windows or to rooms that can be sealed. Examples of a shelter-in-place for hazmat drill include train derailment with chemical release or smoke from a nearby fire.(F) Shelter for severe weather drill--A response action schools take to quickly move students, staff, and visitors indoors, perhaps for an extended period of time, because it is safer inside the building than outside. For severe weather, depending on the type and/or threat level (watch versus warning), affected individuals may be required to move to rooms without windows on the lowest floor possible or to a weather shelter.(c) Frequency. TEC, §37.114(2), requires the commissioner of education to designate the number of mandatory school drills to be conducted each semester of the school year, not to exceed eight drills each semester and sixteen drills for the entire school year. Neither this rule, nor the law, precludes a school district or an open-enrollment charter school from conducting more drills as deemed necessary and appropriate by the district or charter school. Following is the required minimum frequency of drills by type.(1) Secure drill--One per school year.(2) Lockdown drill--Two per school year (once per semester).(3) Evacuation drill--One per school year.(4) Shelter-in-place drill (for either severe weather or hazmat) --One per school year.(5) Fire evacuation drill--School districts and open-enrollment charter schools should consult with the local authority having jurisdiction (e.g., fire marshal) and comply with its requirements and recommendations. If a district does not have a local authority, it shall conduct four per school year (two per semester).(d) Best practices for conducting drills and exercises. This subsection highlights best practices for conducting drills and exercises. For more information about best practices, refer to Texas School Safety Center guidance.(1) Drills and exercises should be designed and conducted in accordance with guidance and best practice resources provided by the Texas School Safety Center.(2) Drill and exercise design should include purpose, goals, and objectives that are stated in plans for each type of drill. Purpose, goals, and objectives should be developed with input from all sectors of the school community. Input in planning should be sought from multiple stakeholder perspectives for each type of drill and exercise, including from:(A) the district or charter school School Safety and Security Committee;(B) first responders;(C) mental and behavioral health professionals;(D) students and families; and(E) staff, including non-traditional teachers, coaches, trade instructors, custodians, and food service workers.(3) Drill and exercise design elements should include:(A) physical and psychological safety for all participants;(B) planning in a trauma-informed manner to maximize learning and to minimize potential trauma for students and staff;(C) providing advance notification of drills and exercises;(D) planning for post-drill or after-action reviews of each drill and exercise; and(E) ensuring drills and exercises are age and developmentally appropriate with the understanding that more complex drills and exercises will require a hierarchy of learning to achieve or obtain more advanced goals or objectives.(4) Exercises are more complex than drills. It is recommended that school systems start with discussion-based exercises and work up to operation-based exercises. Discussion-based exercises include seminar exercises, tabletop exercises, and workshop exercises. Operation-based exercises include functional exercises and full-scale exercises. Exercises can be used for:(A) testing and validating policies, plans, procedures, training, equipment, and interagency agreements;(B) clarifying and training personnel in roles and responsibilities;(C) improving interagency coordination and communications;(D) identifying gaps in resources;(E) improving individual performance; and(F) identifying opportunities for improvement.</content><note type="source"><p>Source Note: The provisions of this §103.1209 adopted to be effective September 6, 2020, 45 TexReg 6110; amended to be effective June 26, 2022, 47 TexReg 3536; amended to be effective October 10, 2023, 48 TexReg 5823.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1211"><num value="103.1211">§103.1211</num><heading>Active Threat Exercises</heading><content>(a) An active threat exercise is defined as any exercise that includes a simulated active aggressor or an active shooter simulation.(b) Local education agencies (LEAs), which include school districts and open-enrollment charter schools, are not required to conduct active threat exercises.(c) An LEA that elects to conduct an active threat exercise shall do so in accordance with Texas Education Code (TEC), §37.1141, and this section. The LEA shall:(1) consider using a discussion-based tabletop exercise as defined in §103.1209 of this title (relating to Mandatory School Drills) to achieve the purpose, goals, and objectives of the exercise rather than using an operations-based, a functional, or a full-scale active threat exercise;(2) if conducting an operations-based, a functional, or a full-scale exercise, provide adequate notice of the exercise directly to individuals participating in the exercise, parents of students participating in the exercise, and all other individuals impacted by the exercise. Adequate notice of the active threat exercise shall also be posted through multiple distribution networks, including, but not limited to, the LEA's website and social media platforms.(A) To be considered adequate notice, notice shall be provided and posted at least two weeks prior to the exercise.(B) The notice shall include the following required elements specified in TEC, §37.1141(a)(1):(i) the date on which the exercise will occur;(ii) the content, form, and tone of the exercise; and(iii) whether the exercise will include a live simulation that mimics or appears to be an actual shooting incident.(C) The notice shall be provided to parents in the parents' native language to the greatest extent practicable;(3) make an audible announcement over the campus public address system immediately prior to the commencement of the exercise to signal the start of the exercise to the participants, noting that it is only an exercise and not a real emergency. The announcement must contain the elements specified in TEC, §37.1141(a)(2);(4) ensure that the content of the exercise, which includes planning and execution of the exercise, addresses the following elements:(A) input from multiple stakeholder perspectives in the design of the exercise, including law enforcement personnel;(B) the physical and psychological safety of all participants before, during, and after the exercise, including:(i) planning in a trauma-informed manner to minimize potential trauma for students, staff, and other participants;(ii) the development and communication of a predetermined method for participants to withdraw from the exercise before or during the exercise; and(iii) access to mental health supports before, during, and after the exercise; and(C) the developmental appropriateness of the exercise, which includes a comprehensive perspective that supports the cognitive and emotional well-being of each individual and considers the impact that prior trauma, grief, and crisis experiences have had on a participant's development prior to the exercise. Developmental appropriateness considerations include the needs of special populations, including students with disabilities and emergent bilingual students;(5) conduct the exercise during non-instructional time when non-participants are not present in the facility. Additionally, the LEA must require that:(A) if a student participates in the exercise, which is discouraged, the student is in Grade 9 or higher and participates only if it provides the student with an educational benefit;(B) all participants (students and staff) opt in rather than opt out of the exercise. A student participant must have written permission to opt in from the parent or guardian of the student;(C) exercise participants be permitted to withdraw from the exercise at any time, before or during the exercise, using a predetermined method of withdrawal; and(D) the exercise is organized, conducted, and overseen by law enforcement, first responders, or emergency management personnel. An LEA or one of its schools shall play a critical role in exercise coordination, overall function, and use of the facility; and(6) conduct an after-action review of the exercise to determine the extent to which the exercise achieved key planning objectives, to include ensuring:(A) incident command and control structures work as intended in accordance with the LEA's multihazard emergency operations plan;(B) two-way communications work as intended with emergency first responders in accordance with the LEA's multihazard emergency operations plan; and(C) emergency notification systems (e.g., voice calls, text messages, and email notifications) work as intended.(d) In accordance with TEC, §37.1141(c), data regarding the efficacy and impact of an active threat exercise shall be collected and submitted to the Texas School Safety Center (TxSSC) using the methods developed by the TxSSC.</content><note type="source"><p>Source Note: The provisions of this §103.1211 adopted to be effective June 26, 2022, 47 TexReg 3540; amended to be effective October 10, 2023, 48 TexReg 5823.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1213"><num value="103.1213">§103.1213</num><heading>Required Reporting through Sentinel</heading><content>(a) In accordance with Texas Education Code (TEC), §37.1083 and §37.115, each school district and open-enrollment charter school shall submit information requested by the Texas Education Agency (TEA) in their efforts to monitor the implementation and operation of school district safety and security requirements. TEA may review school district records as necessary to ensure compliance with this section and TEC, Chapter 37, Subchapters D and G.(b) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Discipline record--a student's cumulative record of formal disciplinary actions reported through the Public Education Information Management System from the date that the student was first enrolled in a public school and that the local education agency has retained in accordance with the records retention policy.(2) School system--a term that has the meaning assigned by §61.1031(a)(6) of this title (relating to School Safety Requirements).(3) Sentinel--TEA's formal school safety system designed to collect, process, store, and distribute school safety and security information.(c) Sentinel serves as a repository for all safety and security-related data submitted to TEA by school districts, open-enrollment charter schools, campuses, and other entities.(d) Any document or information collected, identified, developed, or produced relating to the monitoring of school district safety and security requirements under this section is confidential under Texas Government Code, §418.177 and §418.181, and not subject to disclosure under Texas Government Code, Chapter 552.(e) Each school system shall report the following information through Sentinel.(1) Behavioral Threat Assessments (BTAs).(A) Effective August 1, 2025, when conducting a BTA under TEC, §37.115, members of a threat assessment team shall utilize the threat assessment instrument, manual, and field guide in Sentinel, which are consistent with the model policies published by the Texas School Safety Center (TxSSC).(B) Effective August 1, 2025, school systems shall utilize Sentinel to securely transfer under TEC, §25.036, any threat assessment conducted on a student to a receiving school system when a student transfers to a new school district. All BTAs for a student are subject to the transfer requirement. Any BTAs conducted prior to August 1, 2025, that are associated with a student transfer shall be uploaded into Sentinel in a manner determined by TEA.(2) District Vulnerability Assessments (DVAs).(A) In accordance with TEC, §37.1083, the TEA Office of School Safety and Security will monitor the implementation of requirements related to school safety and security, to include conducting detailed vulnerability assessments.(B) Any documentation requested by TEA for a DVA must be uploaded to Sentinel.(3) Emergency management.(A) On or before June 30th of each year, all school systems shall input their upcoming school year calendar into Sentinel. Any changes to the school year calendar shall be updated in Sentinel within three business days after approval by district leadership.(B) On or before June 30th of each year, school systems must verify that all district facilities listed in Sentinel reflect the correct address and campus emergency contact information.(C) If a school system closes for a localized emergency, closure information must be immediately recorded in Sentinel.(D) All school systems shall submit information related to events requiring an emergency response, including the discovery of a firearm on a campus in accordance with TEC, §37.1083(h)(1), in the Sentinel portal. This is inclusive of notifications regarding a bomb threat or terroristic threat, as outlined in TEC, §37.113. Submission of information in the Sentinel portal does not substitute the requirement for local law enforcement notification of certain activities in TEC, §37.015.(E) Upon completed review of a school system's multihazard emergency operations plan, the TxSSC may upload a copy of that plan, including all required appendices, to the Sentinel portal.(F) Subsequent to a school system superintendent change, the direct contact information of the superintendent (or person acting in that capacity) must be updated in Sentinel within three business days of a corresponding board meeting.(4) Intruder Detection Audits (IDAs).(A) In accordance with TEC, §37.1084, the TEA Office of School Safety and Security will establish a school safety review team in each region served by a regional education service center. Teams shall annually conduct on-site general intruder detection audits of school district campuses in the team's region.(B) Any documentation requested by TEA for an IDA must be uploaded to Sentinel.</content><note type="source"><p>Source Note: The provisions of this §103.1213 adopted to be effective December 15, 2024, 49 TexReg 10098.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scCC/s103.1231"><num value="103.1231">§103.1231</num><heading>Reporting of Bus Collisions</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Collision--Any collision as described by Texas Transportation Code, Chapter 550, Subchapter B.(2) Motor bus--In accordance with Texas Education Code, §34.003, and Texas Transportation Code, §502.001, a motor bus is a vehicle designed to transport more than 15 passengers, including the driver, and includes vehicles used to transport persons on the public highways for compensation, other than a vehicle operated by muscular power or a municipal bus.(3) Multifunction school activity bus--In accordance with Texas Transportation Code, §541.201, a multifunction school activity bus is a subcategory of school bus. It must meet all Federal Motor Vehicle Safety Standards (FMVSS) for a school bus except having traffic control devices, including flashing lights and stop arm. The multifunction school activity bus cannot be used to transport students from home to school or school to home or for any purpose other than school activities.(4) School activity bus--In accordance with Texas Transportation Code, §541.201, a school activity bus is a bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by a school district, county school, open-enrollment charter school, regional education service center, or shared services arrangement and that is used to transport public school students on a school-related activity trip, other than on routes to and from school. The term does not include a chartered bus, a bus operated by a mass transit authority, a school bus, or a multifunction school activity bus.(5) School bus--In accordance with Texas Transportation Code, §541.201, a school bus is a motor vehicle that was manufactured in compliance with the FMVSS for school buses in effect on the date of manufacture and that is used to transport preprimary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school. A school bus is a bus owned, leased, contracted to, or operated by a school or school district that is regularly used to transport students to and from school or school-related activities; meets all applicable FMVSS; and is readily identified by alternately flashing lights, national school bus yellow paint, and the legend "School Bus." The term does not include a multifunction school activity bus, a school activity bus, or a motor bus.(b) Reporting.(1) School districts and open-enrollment charter schools shall report annually to the Texas Education Agency (TEA) the number of collisions in which their buses were involved in the past year. School districts and open-enrollment charter schools shall report the collisions in a manner prescribed by the commissioner of education. School districts and open-enrollment charter schools shall file annual collision reports to TEA only in the period beginning July 1 and ending July 31 and shall include the following information in the report:(A) the total number of bus collisions;(B) the date each collision occurred;(C) the type of bus, as specified in subsection (a) of this section, involved in each collision;(D) whether the bus involved in each collision was equipped with seat belts and, if so, the type of seat belts;(E) the number of students and adults involved in each collision;(F) the number and types of injuries that were sustained by the bus passengers in each collision; and(G) whether the injured passengers in each collision were wearing seat belts at the time of the collision and, if so, the type of seat belts.(2) A school district or open-enrollment charter school shall report a bus collision involving a school bus, a multifunction school activity bus, a school activity bus, or a motor bus if:(A) the bus is owned, leased, contracted, or chartered by a school district or charter school and was transporting school district or charter school personnel, students, or a combination of personnel and students; or(B) the bus was driven by a school district or charter school employee or by an employee of the school district's or charter school's bus contractor with no passengers on board and the collision involved a pedestrian.(3) A school district or open-enrollment charter school shall not report a bus collision involving a school bus, a multifunction school activity bus, a school activity bus, or a motor bus if:(A) the bus was driven by a school district or charter school employee or by an employee of the school district's or charter school's bus contractor, the collision occurred when no passenger other than the school district's or charter school's driver or bus contractor's driver was on board the bus, and the collision did not involve a pedestrian; or(B) the collision involved a bus chartered by a school district or charter school for a school activity trip and no school district or charter school personnel or students were on board the bus at the time of the collision.(4) A school district or open-enrollment charter school shall not report a collision that occurred in a vehicle that is owned, contracted, or chartered by a school district or charter school and is not a school bus, a multifunction school activity bus, a school activity bus, or a motor bus.</content><note type="source"><p>Source Note: The provisions of this §103.1231 adopted to be effective March 10, 2025, 50 TexReg 1813.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c103/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING VIDEO SURVEILLANCE OF CERTAIN SPECIAL EDUCATION SETTINGS</heading><section identifier="/us/state/tx/tac/t19/p2/c103/scDD/s103.1301"><num value="103.1301">§103.1301</num><heading>Video Surveillance of Certain Special Education Settings</heading><content>(a) Requirement to implement. In order to promote student safety, on written request by a parent, school district board of trustees, governing body of an open-enrollment charter school, principal, assistant principal, or staff member, as authorized by Texas Education Code (TEC) §29.022(a-1), a school district or an open-enrollment charter school must provide video equipment to campuses in accordance with TEC, §29.022, and this section. Campuses that receive video equipment must place, operate, and maintain video cameras in self-contained classrooms or other special education settings in accordance with TEC, §29.022, and this section.(b) Definitions. For purposes of TEC, §29.022, and this subchapter, the following terms have the following meanings.(1) Parent means a person described in TEC, §26.002, whose child receives special education and related services in one or more self-contained classrooms or other special education settings. Parent also means a student who receives special education and related services in one or more self-contained classrooms or other special education settings and who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Texas Family Code, Chapter 31, unless the student has been determined to be incompetent or the student's rights have been otherwise restricted by a court order.(2) Staff member means a teacher, a related service provider, a paraprofessional, a counselor, or an educational aide assigned to work in a self-contained classroom or other special education setting.(3) Open-enrollment charter school means a charter granted to a charter holder under TEC, §12.101 or §12.152, identified with its own county district number.(4) Self-contained classroom means a classroom on a regular school campus (i.e., a campus that serves students in general education and students in special education) of a school district or an open-enrollment charter school, including a room attached to the classroom used for time-out, but not including a classroom that is a resource room instructional arrangement under TEC, §42.151, in which a majority of the students in regular attendance are provided special education and related services for at least 50 percent of the instructional day and have one of the following instructional arrangements/settings described in the student attendance accounting handbook adopted under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook):(A) self-contained (mild/moderate/severe) regular campus;(B) full-time early childhood (preschool program for children with disabilities) special education setting;(C) residential care and treatment facility--self-contained (mild/moderate/severe) regular campus;(D) residential care and treatment facility--full-time early childhood special education setting;(E) off home campus--self-contained (mild/moderate/severe) regular campus; or(F) off home campus--full-time early childhood special education setting.(5) Other special education setting means a classroom on a separate campus (i.e., a campus that serves only students who receive special education and related services) of a school district or open-enrollment charter school, including a room attached to the classroom or setting used for time-out, in which a majority of the students in regular attendance are provided special education and related services, are assigned to the setting for at least 50 percent of the instructional day, and have one of the following instructional arrangements/settings described in the student attendance accounting handbook adopted under §129.1025 of this title:(A) residential care and treatment facility--separate campus; or(B) off home campus--separate campus.(6) Video camera means a video surveillance camera with audio recording capabilities.(7) Video equipment means one or more video cameras and any technology and equipment needed to place, operate, and maintain video cameras as required by TEC, §29.022, and this section. Video equipment also means any technology and equipment needed to store and access video recordings as required by TEC, §29.022, and this section.(8) Incident means an event or circumstance that:(A) involves alleged "abuse" or "neglect," as those terms are described in Texas Family Code, §261.001, of a student by a staff member of the school district or charter school or alleged "physical abuse" or "sexual abuse," as those terms are described in Texas Family Code, §261.410, of a student by another student; and(B) allegedly occurred in a self-contained classroom or other special education setting in which video surveillance under TEC, §29.022, and this section is conducted.(9) School business day means a day that campus, school district, or open-enrollment charter school administrative offices are open.(10) Time-out has the meaning assigned by TEC, §37.0021.(c) Exclusions. A school district or open-enrollment charter school is not required to provide video equipment to a campus of another district or charter school or to a nonpublic school. In addition, the Texas School for the Deaf, the Texas School for the Blind and Visually Impaired, the Texas Juvenile Justice Department, and any other state agency that provides special education and related services to students are not subject to the requirements in TEC, §29.022, and this section.(d) Use of funds. A school district or open-enrollment charter school may solicit and accept gifts, grants, and donations from any person to implement the requirements in TEC, §29.022, and this section. A district or charter school is not permitted to use Individuals with Disabilities Education Act, Part B, funds or state special education funds to implement the requirements of TEC, §29.022, and this section.(e) Dispute resolution. The special education dispute resolution procedures in 34 Code of Federal Regulations, §§300.151-300.153 and 300.504-300.515, do not apply to complaints alleging that a school district or open-enrollment charter school has failed to comply with TEC, §29.022, and/or this section. Complaints alleging violations of TEC, §29.022, and/or this section must be addressed through the district's or charter school's local grievance procedures or other dispute resolution channels.(f) Regular school year and extended school year services. TEC, §29.022, and this section apply to video surveillance during the regular school year and during extended school year services.(g) Policies and procedures. Each school district board of trustees and open-enrollment charter school governing body must adopt written policies relating to the placement, operation, and maintenance of video cameras under TEC, §29.022, and this section. At a minimum, the policies must include:(1) a statement that video surveillance is for the purpose of promoting student safety in certain self-contained classrooms and other special education settings;(2) information on how a person may appeal an action by the school district or open-enrollment charter school that the person believes to be in violation of this section or a policy adopted in accordance with this section, including the appeal and expedited review processes under §103.1303 of this title (relating to Commissioner's Review of Actions Concerning Video Cameras in Special Education Settings) and the appeals process under TEC, §7.057;(3) a requirement that the school district or open-enrollment charter school provide a response to a request made under this section not later than the seventh school business day after receipt of the request by the person to whom it must be submitted under TEC, §29.022(a-3), that authorizes the request or states the reason for denying the request;(4) except as provided by paragraph (6) of this subsection, a requirement that a school or campus begin operation of a video camera in compliance with this section not later than the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the request is authorized unless the Texas Education Agency (TEA) grants an extension of time;(5) a provision permitting the parent of a student whose admission, review, and dismissal committee has determined that the student's placement for the following school year will be in a classroom or other special education setting in which a video camera may be placed under this section to make a request for the video camera by the later of:(A) the date on which the current school year ends; or(B) the 10th school business day after the date of the placement determination by the admission, review, and dismissal committee;(6) a requirement that, if a request is made by a parent in compliance with paragraph (5) of this subsection, unless the TEA grants an extension of time, a school or campus begin operation of a video camera in compliance with this section not later than the later of:(A) the 10th school day of the fall semester; or(B) the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the date the request is made;(7) the procedures for requesting video surveillance and the procedures for responding to a request for video surveillance;(8) the procedures for providing advanced written notice to the campus staff and the parents of the students assigned to a self-contained classroom or other special education setting that video and audio surveillance will be conducted or cease in the classroom or setting, including procedures for notice, in compliance with TEC, §29.022(b), of the opportunity to request continued video and audio surveillance if video and audio surveillance will otherwise cease;(9) a requirement that video cameras be operated at all times during the instructional day when one or more students are present in a self-contained classroom or other special education setting in which video cameras are placed;(10) a statement regarding the personnel who will have access to video equipment or video recordings for purposes of operating and maintaining the equipment or recordings;(11) a requirement that a campus continue to operate and maintain any video camera placed in a self-contained classroom or other special education setting for as long as the classroom or setting continues to satisfy the requirements in TEC, §29.022(a), for the remainder of the school year in which the school or campus received the request, unless the requestor withdraws the request in writing;(12) a requirement that video cameras placed in a self-contained classroom or other special education setting be capable of recording video and audio of all areas of the classroom or setting, except that no visual monitoring of bathrooms and areas in which a student's clothes are changed may occur. Incidental visual coverage of the inside of a bathroom or any area of the classroom or other special education setting in which a student's clothes are changed is permitted only to the extent that such coverage is the result of the layout of the classroom or setting. Audio recording of the inside of a bathroom or any area of the classroom or other special education setting in which a student's clothes are changed is required;(13) a statement that video recordings must be retained for at least three months after the date the video was recorded and that video recordings will be maintained in accordance with the requirements of TEC, §29.022(e-1), when applicable;(14) a statement that the regular or continual monitoring of video is prohibited and that video recordings must not be used for teacher evaluation or monitoring or for any purpose other than the promotion of student safety;(15) at the school district's or open-enrollment charter school's discretion, a requirement that campuses post a notice at the entrance of any self-contained classroom or other special education setting in which video cameras are placed stating that video and audio surveillance are conducted in the classroom or setting;(16) the procedures for reporting an allegation to the school district, charter school, or school that an incident occurred in a self-contained classroom or other special education setting in which video surveillance under TEC, §29.022, and this section is conducted;(17) the local grievance procedures for filing a complaint alleging violations of TEC, §29.022, and/or this section; and(18) a statement that video recordings made under TEC, §29.022, and this section are confidential and a description of the limited circumstances under which the recordings may be viewed.(h) Confidentiality of video recordings. A video recording made under TEC, §29.022, and this section is confidential and may only be released and/or viewed by the following individuals, to the extent permitted or required by TEC, §29.022(i), and to the extent not limited by the Family Educational Rights and Privacy Act of 1974 (FERPA) or other law:(1) a staff member or a parent of a student involved in an incident described in subsection (b)(8) of this section that is documented by a video recording for which an incident has been reported to the district, charter school, or school;(2) appropriate Texas Department of Family and Protective Services personnel as part of an investigation under Texas Family Code, §261.406;(3) a peace officer, school nurse, or administrator of a school district, charter school, or school trained in de-escalation and restraint techniques as provided by commissioner rule, or a human resources staff member designated by the school district's board of trustees or open-enrollment charter school's governing body in response to a report or an investigation of an incident described in subsection (b)(8) of this section; or(4) appropriate TEA or State Board for Educator Certification personnel or agents as part of an investigation.(i) Exception to restrictions on viewing. A contractor or employee performing job duties relating to the installation, operation, or maintenance of video equipment or the retention of video recordings who incidentally views a video recording does not violate subsection (h) of this section.(j) Child abuse and neglect reporting. If a person described in subsection (h)(3) or (4) of this section views a video recording and has cause to believe that the recording documents possible abuse or neglect of a child under Texas Family Code, Chapter 261, the person must submit a report to the Texas Department of Family and Protective Services or other authority in accordance with the local policy adopted under §61.1051 of this title (relating to Reporting Child Abuse and Neglect) and Texas Family Code, Chapter 261.(k) Disciplinary actions and legal proceedings. If a person described in subsection (h)(2), (3), or (4) of this section views a video recording and believes that it documents a possible violation of school district, open-enrollment charter school, or campus policy, the person may allow access to the recording to appropriate legal and human resources personnel of the district or charter school to the extent not limited by FERPA or other law. A recording believed to document a possible violation of school district, open-enrollment charter school, or campus policy relating to the neglect or abuse of a student may be used in a disciplinary action against district or charter school personnel and must be released in a legal proceeding at the request of a parent of the student involved in the incident documented by the recording. A recording believed to document a possible violation of school district, open-enrollment charter school, or campus policy relating to the neglect or abuse of a student must be released for viewing by the district or charter school employee who is the subject of the disciplinary action at the request of the employee.(l) Access rights. Subsections (j) and (k) of this section do not limit the access of a student's parent to an educational record of the student under FERPA or other law. To the extent any provisions in TEC, §29.022, and this section conflict with FERPA or other federal law, federal law prevails.</content><note type="source"><p>Source Note: The provisions of this §103.1301 adopted to be effective August 15, 2016, 41 TexReg 6017; amended to be effective March 15, 2017, 42 TexReg 1122; amended to be effective January 31, 2019, 44 TexReg 417.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scDD/s103.1303"><num value="103.1303">§103.1303</num><heading>Commissioner's Review of Actions Concerning Video Cameras in Special Education Settings</heading><content>(a) Applicability. This section shall apply to all hearings and reviews of actions taken under Texas Education Code (TEC), §29.022, concerning denials of requests for the installation of cameras, denials of requests to view a video, denials of requests to release a video, and requests of a school district for an extension of time for the installation of cameras. This section applies to constructive denials of requests, which occur when a school district fails to timely issue a denial of a request. To the extent that this section conflicts with any other sections governing hearings before the commissioner of education, including Chapter 157, Subchapter AA of this title (relating to General Provisions for Hearings Before the Commissioner of Education) and Subchapter BB of this title (relating to Specific Appeals to the Commissioner), this section shall prevail.(b) Denial of request. The following standards and procedures apply to a denial of a request made under TEC, §29.022(a), for the placement of a video camera or to the denial of a request to release a video or to view a video made under TEC, §29.022(i) or (l)(2).(1) Once a request for placement of a video camera or a request to release a video is administratively denied, the requestor must exhaust administrative remedies through the school district's grievance process even if the requestor opts for the expedited review process. However, a school district, parent, staff member, or administrator may request an expedited review even before local remedies are exhausted.(2) After local remedies are exhausted by filing a grievance with the school board and obtaining a school board determination, the requestor may appeal the denial to the commissioner of education under TEC, §7.057, by filing a petition for review.(3) In a case where there is a denial of a request for the placement of a video camera, the commissioner will determine whether the person requesting placement is a person allowed to request placement under TEC, §29.022(a-1), and whether the requestor made a proper request under TEC, §29.022(a-3).(4) The commissioner will not consider the cost to the district of installing cameras or releasing a video.(5) In a case where there is a denial of a request to release a video, the commissioner will determine whether the requestor is a person allowed to receive a video under TEC, §29.022(i). The commissioner may make an in-camera inspection of the video in question in the appropriate case.(6) The following timelines are established for filing a petition for review.(A) A petition for review shall be filed with the commissioner within 10 calendar days of the decision of the board of trustees denying the request being first communicated to the requestor or requestor's counsel, whichever occurs first. The petition for review shall be made in accordance with §157.1073(c) of this title (Relating to Hearings Brought Under Texas Education Code, §7.057) and may include a request for expedited review.(B) The district's answer and local record shall comply with §157.1052(b) and (c) of this title (relating to Answers) and §157.1073(d) of this title and shall be filed with the commissioner within 10 calendar days of the school district receiving notification from the commissioner of the appeal.(C) The procedures specified in §§157.1059; 157.1061; and 157.1073(e)-(h), (j), and (k) of this title apply to a case brought to the commissioner under this section.(7) A request for expedited review is governed by the following.(A) The expedited review process is designed to allow a requestor to promptly receive a preliminary judgment from the commissioner as to a decision to deny a request for the installation of cameras or a decision to deny a request to release a video while at the same time respecting the school grievance process. The expedited review process does not apply to a request to only view a video. Invoking the expedited review process results in a prompt initial determination. However, the final commissioner's determination is to be based on a substantial evidence review of the school district's grievance record. This allows for a full record to be developed at the school district level and does not require the requestor and the school district to make an evidentiary record before the Texas Education Agency (TEA) in Austin, Texas. Because the requirements of TEC, §7.057, are met when the school board's decision is heard by the commissioner, an appeal to district court is allowed under TEC, §7.057(d). TEC, §29.022, does not by itself allow an appeal to district court.(B) A school district, parent, staff member, or administrator may request an expedited review. Any request for an expedited review shall include the names, telephone numbers, and addresses of all interested parties to the request. "Interested parties" are all persons who brought the grievance, all persons who have testified or provided written statements as part of the grievance process, and the school district. The request for expedited review shall specify whether the school district denied a request for the placement of a video camera or the school district denied a request to release a video and briefly describe why that decision is either correct or incorrect.(C) A request for expedited review shall be filed with the commissioner no earlier than 14 business days after a request for placement of a video camera or a request to release a video is administratively denied under TEC, §29.022(i) or (l)(2), and no later than the fifth business day after a school board resolves a grievance as to a request for placement of a video camera or a request to release a video. A request for expedited review shall be filed with the commissioner electronically as provided on the division's website or by U.S. mail, facsimile, hand delivery, or a commercial delivery service.(D) Whenever an interested party files a document with the commissioner, with the exception of the request for expedited review, the interested party shall send the same document to all other interested parties by the same method that the document was sent to the commissioner. Hand-delivery of the document by the next day may be substituted for service by facsimile delivery.(E) If a request for expedited review is timely filed, the commissioner will establish a briefing schedule and will send to all interested parties a notice that an expedited review has been filed, which will include relevant statutes and rules. Any interested party who knows of any additional interested parties who have not been notified will promptly inform the commissioner in writing.(F) All briefing shall clearly state the facts relied upon. Documents relevant to the issues presented may be attached to a brief. All briefing shall provide the reasons why the commissioner should or should not grant the request for expedited review. Citations to statutes, rules, commissioner decisions, and caselaw are important to identify the legal basis for the claims made.(G) All interested parties who are in favor of granting the request for expedited review shall file briefing at the time specified for the requestor of the expedited review.(H) All interested parties who are opposed to granting the request for expedited review shall file briefing at the same time.(I) Briefing is not limited to the issues specifically raised in the pleadings in the case. However, no new arguments may be raised in the reply briefs. Reply briefs may contain new citations to the record and legal authority as to issues previously raised.(J) A preliminary judgment shall be issued based on the briefing of the interested parties. The preliminary judgment will be sent to the requestor, the school district, and all interested parties. If it is determined that a school district is not likely to prevail on the issue of a request for the placement of video cameras or the issue of a request to view a video under full review, the school district will fully comply with TEC, §29.022.(K) After a preliminary judgment is made, a final judgment will be made in accordance with the procedures set forth in paragraphs (1)-(5) of this subsection.(c) Extension of time. A request by a school district for an extension of time to begin the operation of a video camera under TEC, §29.022, shall be made and decided using the following procedures.(1) Any request by a school district for an extension of time to begin the operation of a video camera shall be filed with the commissioner prior to the 45th school business day after a request to begin operating a video camera is received. However, a school district should request an extension of time as soon as it determines that an extension of time should be filed.(2) A request for an extension of time to begin the operation of a video camera shall specify why an extension of time should be granted. The request shall include affidavits supporting any factual claims made in the request and reference any legal authority as to why the request should be granted. The request may include a request for expedited review. The request shall name the individual who requested the installation of cameras and provide the individual's address and telephone number. Immediately following the individual's address and telephone number there shall appear in bold type: "You have been identified as the individual who requested the operation of a video camera that is the subject of this request to the commissioner of education to extend the statutory timeline. You may, but are not required to, participate in the proceedings before the commissioner concerning the school district's request for an extension of time. It is entirely up to you whether and to what extent you wish to participate in these proceedings. The procedures governing these proceedings are found at 19 Texas Administrative Code §103.1303(c) and Texas Education Code, §29.022."(3) A request for an extension of time to begin the operation of a video camera shall list the names, telephone numbers, and addresses of all interested parties to the request. All interested parties include all parents of students in the classroom or other special education setting for which a video camera has been requested and all staff who provided services in a classroom for which a video camera has been requested.(4) All documents in a case shall be filed with the Division of Hearings and Appeals, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, facsimile number (512) 475-3662. Documents shall be filed electronically as provided on the division's website or by mail, delivery, or facsimile. All documents must be actually received by the Division of Hearings and Appeals by the date specified in this section. The mailbox rule does not apply to filings in a case filed under this subsection. Electronic filing is strongly encouraged.(5) All filings in a case shall be sent to the school district, the individual who initially requested the installation of the cameras, and all interested parties who have filed a request to receive documents filed in the case by the same method as the request is filed with the commissioner. Due to the requirements of the Family Educational Rights and Privacy Act of 1974, the names, telephone numbers, and addresses of parents and other publicly identifiable student information may not be given to the interested parties. The copies of the filings sent to interested parties shall be redacted to remove all personally identifiable student information.(6) Any response to a request for an extension of time to begin the operation of a video camera shall be filed with the commissioner by an interested party within 10 calendar days of the filing of the request. If no response to the request is timely filed, the commissioner shall issue a final decision within 20 calendar days of the filing of the request.(7) A response to a request for an extension of time to begin the operation of a video camera shall specify why an extension of time should or should not be granted. The response shall include affidavits concerning any factual claims made in the request and reference any legal authority as to why the request should or should not be granted. The response may include a request for expedited review.(8) A request for expedited review must be filed with the commissioner within 10 calendar days of the filing of the request for an extension of time to begin the operation of a video camera. If a request for expedited review is made, all interested parties shall be notified that they have been identified as interested parties in the request for an extension of time to begin the operation of a video camera. In particular, the interested parties will be informed that it is their choice whether to participate in the proceedings before the commissioner, that it is entirely up to them to determine to what extent they wish to participate in the proceedings, that the procedures governing these proceedings are found in this subsection and TEC, §29.022, and that upon their written request filed with the commissioner they will be sent all filings in this case.(9) If a request for an expedited review is not made, the commissioner shall issue a final decision within 45 calendar days of the filing of the request for an extension of time to begin the operation of a video camera, unless the commissioner determines that an evidentiary hearing would be helpful in deciding the issues raised. If the commissioner decides to hold an evidentiary hearing, the commissioner shall establish the timelines and procedures to be used. Whether to conduct the hearing by telephone or other electronic methods will be considered.(10) If a request for expedited review is made, the following procedures shall be followed.(A) Any reply by the school district to any response to the request shall be filed with the commissioner within 25 calendar days of the filing of the request for an extension of time to begin the operation of a video camera.(B) A preliminary judgment shall be made by the commissioner within 35 calendar days of the filing of the request for an extension of time to begin the operation of a video camera.(C) Any interested party or the school district may file objections to the preliminary judgment within 40 calendar days of the filing of the request for an extension of time to begin the operation of a video camera.(D) Any reply to an objection to a preliminary judgment must be filed within 45 calendar days of the filing of a request for an extension of time to begin the operation of a video camera.(E) The commissioner shall issue a final decision within 55 calendar days of the filing of the request for an extension of time to begin the operation of a video camera, unless the commissioner determines that an evidentiary hearing would be helpful in deciding the issues raised. If the commissioner decides to hold an evidentiary hearing, the commissioner shall establish the timelines and procedures to be used. Whether to conduct the hearing by telephone or other electronic methods will be considered.(11) In making either a preliminary judgment or a final judgment under this subsection, the commissioner will consider whether granting the requested extension is reasonable considering all factors, including contracting statutes, architectural and structural issues, and the difference in costs to the district if a moderate extension of time is granted.(12) A commissioner's final decision under this subsection is not subject to appeal.</content><note type="source"><p>Source Note: The provisions of this §103.1303 adopted to be effective January 31, 2019, 44 TexReg 417; amended to be effective January 22, 2023, 48 TexReg 212.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c103/scEE"><num value="EE">SUBCHAPTER EE</num><heading>COMMISSIONER'S RULES ON PREVENTION, AWARENESS, AND REPORTING OF CHILD ABUSE OR NEGLECT, INCLUDING TRAFFICKING OF A CHILD</heading><section identifier="/us/state/tx/tac/t19/p2/c103/scEE/s103.1401"><num value="103.1401">§103.1401</num><heading>Reporting Child Abuse or Neglect, Including Trafficking of a Child</heading><content>(a) The following words and terms, when used in this subchapter, have the following meanings.(1) Child abuse or neglect--The definition of child abuse or neglect includes the trafficking of a child in accordance with Texas Education Code (TEC), §38.004.(2) Other maltreatment--This term has the meaning assigned by Human Resources Code, §42.002.(3) Trafficking of a child--This term has the meaning assigned by Texas Penal Code, §20A.02(a)(5), (6), (7), or (8).(b) The board of trustees of a school district or governing body of an open-enrollment charter school shall adopt and annually review policies for reporting child abuse and neglect. The policies shall follow the requirements outlined in Texas Family Code, Chapter 261.(1) The policies must require that every school employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglect submit a written or oral report to at least one of the following authorities within 48 hours or less, as determined by the board of trustees, after learning of facts giving rise to the suspicion:(A) a local or state law enforcement agency;(B) the Texas Department of Family and Protective Services, Child Protective Services Division;(C) a local office of Child Protective Services, where available; or(D) the state agency that operates, licenses, certifies, or registers the facility in which the alleged child abuse or neglect occurred.(2) The policies must require a report to the Texas Department of Family and Protective Services if the alleged abuse or neglect involves a person responsible for the care, custody, or welfare of the child and must notify school personnel of the following:(A) penalties under Texas Penal Code, §39.06; Texas Family Code, §261.109; and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) for failure to submit a required report of child abuse or neglect;(B) applicable prohibitions against interference with an investigation of a report of child abuse or neglect, including the following:(i) Texas Family Code, §261.302 and §261.303, prohibiting school officials from denying an investigator's request to interview a student at school; and(ii) Texas Family Code, §261.302, prohibiting school officials from requiring the presence of a parent or school administrator during an interview by an investigator;(C) immunity provisions applicable to a person who reports child abuse or neglect or otherwise assists an investigation in good faith;(D) oral reports made to the Texas Department of Family and Protective Services are recorded;(E) confidentiality provisions relating to reports of suspected child abuse or neglect, including the following:(i) the requirement for the individual making the report to provide his or her name and telephone number;(ii) the requirement for the individual making the report to provide his or her home address or, if the individual making the report is a school employee, agent, or contractor, provide his or her business address and profession; and(iii) the limited circumstances under which the identity of the individual making a report may be disclosed;(F) any disciplinary action that may result from noncompliance with the district's reporting policy;(G) the prohibition under TEC, §26.0091, against using or threatening to use the refusal to consent to administration of a psychotropic drug to a child or to any other psychiatric or psychological testing or treatment of a child as the sole basis for making a report of neglect, except as authorized by TEC, §26.0091; and(H) the Department of Family and Protective Services is not authorized to accept an anonymous report of abuse or neglect.(3) Each school district and open-enrollment charter school shall adopt and implement a policy addressing sexual abuse, trafficking, and other maltreatment of children. The policy must be included in any informational handbook provided to students and parents and must address the following:(A) methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, trafficking, and other forms of maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim;(B) actions a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance and intervention; and(C) available counseling options for students affected by sexual abuse, trafficking, or other maltreatment.(4) The policies must be consistent with Texas Family Code, Chapter 261, and 40 TAC Chapter 700 (relating to Child Protective Services) regarding investigations by the Texas Department of Family and Protective Services, including regulations governing investigation of abuse by school personnel and volunteers.(5) The policies may not require that school personnel report suspicions of child abuse or neglect to a school administrator prior to making a report to one of the agencies identified in paragraph (1) of this subsection.(6) The policies must include the current toll-free telephone number of the Texas Department of Family and Protective Services.(7) The policies must provide for cooperation with law enforcement child abuse investigations without the consent of the child's parent, if necessary, including investigations by the Texas Department of Family and Protective Services.(8) The policies must include child abuse anti-victimization programs in elementary and secondary schools consisting of age-appropriate, research-based prevention designed to promote self-protection and prevent sexual abuse and trafficking.(c) The policies required by this section and adopted by the board of trustees shall be distributed to all school personnel at the beginning of each school year. The policies shall be addressed in staff development programs at regular intervals determined by the board of trustees.(d) Training concerning prevention techniques for, and recognition of, sexual abuse, trafficking, and all other maltreatment of children, including the sexual abuse, trafficking, and other maltreatment of children with significant cognitive disabilities, must be provided as a part of new employee orientation to all new school district and open-enrollment charter school employees as required by TEC, §38.0041.(1) The training must include:(A) factors indicating a child is at risk for sexual abuse, trafficking, or other maltreatment;(B) warning signs indicating a child may be a victim of sexual abuse, trafficking, or other maltreatment;(C) internal procedures for seeking assistance for a child who is at risk for sexual abuse, trafficking, or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional;(D) techniques for reducing a child's risk for sexual abuse, trafficking, or other maltreatment; and(E) information on community organizations that have relevant research-based programs that are able to provide training or other education for school district or open-enrollment charter school staff, students, and parents.(2) Each school district and open-enrollment charter school must maintain records that include the name of each staff member who participated in training.(3) To the extent that resources are not yet available from the Texas Education Agency or commissioner of education, school district and open-enrollment charter schools shall implement the policies and trainings with existing or publicly available resources. The school district or open-enrollment charter school may also work in conjunction with a community organization to provide the training at no cost to the district or charter school.(e) Using a format and language that is clear, simple, and understandable to students, each public school and open-enrollment charter school shall post, in English and in Spanish:(1) the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number;(2) instructions to call 911 for emergencies; and(3) directions for accessing the Texas Department of Family and Protective Services website (www.txabusehotline.org) for more information on reporting abuse, neglect, and exploitation.(f) School districts and open-enrollment charter schools shall post the information specified in subsection (e) of this section at each school campus in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students. The information must be on a poster (11x17 inches or larger) in large print and placed at eye-level to the student for easy viewing. Additionally, the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number should be in bold print.</content><note type="source"><p>Source Note: The provisions of this §103.1401 adopted to be effective December 11, 2024, 49 TexReg 9974.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c103/scEE/s103.1403"><num value="103.1403">§103.1403</num><heading>Required Signage Pertaining to Criminal Offenses of Human Trafficking</heading><content>(a) When used in this section, the term "school" means a public primary or secondary school.(b) Each public school shall post warning signs in a conspicuous place reasonably likely to be viewed by all school employees and visitors.(c) Each warning sign must:(1) describe the offense of trafficking in persons as provided under Texas Penal Code, §20A.02(a). The sign must emphasize that an offense under Texas Penal Code, §20A.02, is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 25 years if it is shown on the trial of the offense that the actor committed the offense in a location that was:(A) on the premises of or within 1,000 feet of the premises of:(i) a school;(ii) a juvenile detention facility;(iii) a post-adjudication secure correctional facility;(iv) a shelter or facility operating as a residential treatment center that serves runaway youth, foster children, people who are homeless, or persons subjected to human trafficking, domestic violence, or sexual assault;(v) a community center offering youth services and programs;(vi) a child-care facility, as defined by Human Resources Code, §42.002; or(vii) an institution of higher education or private or independent institution of higher education, as defined by Texas Education Code, §61.003; or(B) on premises or within 1,000 feet of premises where:(i) an official school function was taking place; or(ii) an event sponsored or sanctioned by the University Interscholastic League was taking place;(2) be written in English and Spanish;(3) be at least 8.5 by 11 inches in size; and(4) be properly maintained to ensure readability and protection from the elements for outdoor signs.</content><note type="source"><p>Source Note: The provisions of this §103.1403 adopted to be effective December 11, 2024, 49 TexReg 9974.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c104"><num value="104">CHAPTER 104</num><heading>ACCELERATED INSTRUCTION</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c104/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p2/c104/sc/s104.1001"><num value="104.1001">§104.1001</num><heading>Accelerated Instruction and Modified Teacher Assignment</heading><content>(a) Definition of accelerated instruction. For purposes of this chapter, " accelerated instruction" means instruction required under Texas Education Code (TEC), §28.0211(a-1) and, if applicable, (a-4).(b) Requirements for accelerated instruction.(1) Each time a student fails to perform satisfactorily on an assessment instrument administered under TEC, §39.023(a), in Grades 3-8, or on an end-of-course assessment instrument administered under TEC, §39.023(c), other than an assessment instrument developed or adopted based on alternative academic achievement standards, the school district or open-enrollment charter school the student attends shall provide to the student accelerated instruction in the applicable subject area during the subsequent summer or school year and, subject to TEC, §28.0211(a-7) and (a-8), either:(A) allow the student to be assigned a classroom teacher who is certified as a master, exemplary, or recognized teacher under TEC, §21.3521, for the subsequent school year in the applicable subject area; or(B) provide the student supplemental instruction under TEC, §28.0211(a-4).(2) The superintendent of each school district and chief administrative officer of each open-enrollment charter school shall establish procedures to ensure that each eligible student who is absent or does not receive a test score for any test administration shall receive appropriate accelerated instruction as warranted on an individual student basis.(3) Paragraph (2) of this subsection may not be used to excuse a student from appropriate accelerated instruction required by this subsection.(c) Participation in accelerated instruction. Accelerated instruction may require a student to participate before or after normal school hours and may include participation at times of the year outside normal school operations. Each school district and open-enrollment charter school shall be responsible for providing transportation to students required to attend accelerated instruction programs if the programs occur outside of regular school hours, unless the school district or charter school does not operate, contract, or agree with another entity to operate a transportation system.(1) In providing accelerated instruction, a school district or an open-enrollment charter school may not remove a student from recess or from the foundation or enrichment curriculum as defined in TEC, §28.002, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction would be removed. The foundation curriculum includes English language arts, mathematics, science, and social studies. Courses in the enrichment curriculum include languages other than English; health, with emphasis on physical health, proper nutrition, and exercise; mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision making; suicide prevention; physical education; fine arts; career and technical education; technology applications; religious literature; and personal financial literacy.(2) In the event that a school week is three or less instructional days, the school is exempt from meeting the requirement of meeting once per week for accelerated instruction.(d) Content and delivery of supplemental instruction. Supplemental instruction shall be based on, but not limited to, targeted instruction in the essential knowledge and skills for the applicable grade levels and subject areas and be provided by a person with training in the applicable instructional materials for the supplemental instruction and under the oversight of the school district or open-enrollment charter school. Supplemental instruction shall be provided as outlined in TEC, §28.0211(a-4)(1) and (2), to a student individually or in a group of no more than four students, unless the parent or guardian of each student in the group authorizes a larger group. School districts and charter schools choosing to provide supplemental instruction to a student under subsection (b)(1)(B) of this section shall provide students who fail to perform satisfactorily on an assessment instrument specified under TEC, §28.0211(a-1):(1) no less than 15 hours of supplemental instruction; or(2) no less than 30 hours of supplemental instruction for students who scored Low Did Not Meet Grade Level as indicated by state-provided district-level data files or failed to perform satisfactorily on any Grade 3 assessment.(e) Accelerated education plans. For each student who does not perform satisfactorily on an assessment instrument specified under TEC, §28.0211(a-1), for two or more consecutive school years in the same subject area, the school district or open-enrollment charter school the student attends shall develop an accelerated education plan as described by TEC, §28.0211(f), and provide the student at least 30 hours of supplemental instruction. A school district or charter school shall make a good faith attempt to provide to the parent or guardian of a student to whom TEC, §28.0211(b), applies a parent-teacher conference with the student's primary teacher at the start and end of the subsequent school year. At the conference, the school district or charter school shall provide the student's parent or guardian with:(1) the notice required under TEC, §28.0211(a-14); and(2) an explanation of:(A) the accelerated instruction to which the student is entitled under this section; and(B) the accelerated education plan that must be developed for the student under TEC, §28.0211(f), and the manner in which the parent or guardian may participate in developing the plan.(f) Request for teacher assignment. In accordance with TEC, §28.0211(a-5), the parent or guardian of a student who fails to perform satisfactorily on an assessment instrument specified under TEC, §28.0211(a-1), may follow established school district or open-enrollment charter school processes to request that the student be assigned to a particular classroom teacher in the applicable subject area for the subsequent school year if more than one classroom teacher is available.(g) Approval of Ratio Waiver List products using automated, computerized, or other augmented method. The Texas Education Agency (TEA) shall approve one or more products that use an automated, computerized, or other augmented method for providing accelerated instruction under TEC, §28.0211(a-1)(2), that may be used in lieu of some or all of the individual or group instruction required under TEC, §28.0211(a-4)(6), as appropriate for the applicable grade level and subject area and a student's academic deficiency. Products on the Ratio Waiver List do not require live, in-person or online educators to deliver primary mode of instruction. TEA may approve a product under this subsection only if evidence indicates that the product is more effective than the individual or group instruction required under TEC, §28.0211(a-4)(6).(1) For the purposes of this subsection, the Ratio Waiver List consists of products that use an automated, computerized, or other augmented method for providing accelerated instruction under TEC, §28.0211(a-1)(2), that may be used in lieu of some or all of the individual or group instruction required under TEC, §28.0211(a-4)(6), as appropriate for the applicable grade level and subject area and a student's academic deficiency.(2) School districts and open-enrollment charter schools may provide accelerated instruction using a product on the Ratio Waiver List on the TEA website with information related to accelerated instruction. The 4:1 student-to-teacher ratio requirement in subsection (d) of this section does not apply to a school district or charter school using a listed product to provide accelerated instruction to its students.(3) School districts and open-enrollment charter schools shall:(A) notify the parent or guardian of the use of a product on the Ratio Waiver List for providing the required accelerated instruction;(B) ensure that the required hours of supplemental instruction are completed prior to the subsequent State of Texas Assessments of Academic Readiness (STAAR®) administration;(C) use a product on the Ratio Waiver List remotely, regardless of primary mode of instruction (i.e., in-person, virtual, or hybrid) only if the school district ensures that time spent by the student engaged in the product is aligned with approved product usage expectations documented by the school district;(D) adhere to the product usage fidelity requirements by product as approved by TEA to waive ratio requirements. A school district not fulfilling usage fidelity with a product will be required to revert to the 4:1 ratio for supplemental instruction as specified in subsection (d) of this section; and(E) be responsible for contracting and funding the selected vendors included on the TEA list of approved vendors.(4) Entities seeking Ratio Waiver List vendor approval shall follow a process required by TEA.(h) Accelerated instruction waivers. Under TEC, §28.0211(q), the commissioner of education may waive requirements of accelerated instruction for a school district or an open-enrollment charter school as outlined in this subsection.(1) For the purposes of this subsection:(A) "significantly below satisfactorily" is defined as achieving a performance level of Low Did Not Meet Grade Level on a STAAR® mathematics or reading administration;(B) "satisfactorily" is defined as achieving a performance level of Approaches or better on a STAAR® mathematics or reading administration; and(C) "educationally disadvantaged" is defined as being identified in the Texas Student Data System Public Education Information Management System (TSDS PEIMS) as being eligible to participate in the national free or reduced-price lunch program established under 42 U.S.C. §1751 et seq.(2) Only those subject areas for which two consecutive years of assessment instrument distribution can be positively identified (i.e., mathematics and reading) for all students based on their grade level shall be considered in the determination of this waiver.(3) A school district or an open-enrollment charter school shall be eligible for the one-year waiver if it meets all of the following conditions when reviewing the most recent available year of STAAR® data:(A) 60% of total students eligible to receive accelerated instruction in mathematics and 60% of total students eligible to receive accelerated instruction in reading score satisfactorily on the applicable subject area assessment instrument;(B) 60% of students eligible to receive accelerated instruction who scored significantly below satisfactorily in the prior year score satisfactorily on the applicable subject area assessment instrument(s). This condition is only applicable if at least 10 students receiving accelerated instruction scored significantly below satisfactorily in the prior year; and(C) at least 50% of students receiving special education services or qualifying as educationally disadvantaged who received accelerated instruction in mathematics and/or reading score satisfactorily on the subsequent applicable subject area assessment instrument(s). This condition is only applicable if at least 10 students who received accelerated instruction receive special education services or qualified as educationally disadvantaged.(4) TEA shall generate a yearly report that identifies all school districts and open-enrollment charter schools that meet all applicable conditions and are consequently eligible for the one-year waiver.(5) Eligible school districts and open-enrollment charter schools shall be notified via TEA communication pathways upon the publication of the annual list.(6) Upon distribution of the annual notification, eligible school districts and open-enrollment charter schools shall have 45 days to apply for the waiver using the Accelerated Instruction Waiver under TEA Login (TEAL).(7) The one-year waiver application shall contain the following at minimum:(A) the school district or open-enrollment charter school's name;(B) the signature of the school district's superintendent or the chief administrative officer of an open-enrollment charter school;(C) documentation of the approval of the board of trustees or governing board, as applicable; and(D) an explanation of how the school district or open-enrollment charter school will evaluate the impact of the waiver on student performance.(i) Repeating a high school course.(1) For the purpose of this subsection, credit recovery means completing a certain number of assignments to satisfy the course requirements after failure or a certain number of seat hours after excessive absences.(2) For courses taken for high school credit, a student who is required to repeat any course in which the student was enrolled in during the previous school year and who is eligible for accelerated instruction for the current school year is exempt from accelerated instruction requirements for that specific course if that course is retaken in its entirety (i.e., to earn a full credit). However, a student who is participating in credit recovery is still required to receive accelerated instruction.</content><note type="source"><p>Source Note: The provisions of this §104.1001 adopted to be effective June 9, 2022, 47 TexReg 3255; amended to be effective May 22, 2024, 49 TexReg 3526.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c105"><num value="105">CHAPTER 105</num><heading>FOUNDATION SCHOOL PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c105/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING OPTIONAL EXTENDED YEAR PROGRAM</heading><section identifier="/us/state/tx/tac/t19/p2/c105/scAA/s105.1001"><num value="105.1001">§105.1001</num><heading>Optional Extended Year Program</heading><content>(a) Each school district seeking funding for an optional extended year program under the Texas Education Code, §29.082, must submit an application in a format prescribed by the commissioner of education. Once funded, the program shall comply with the provisions of the Texas Education Code, §29.082.(b) An optional extended year program may extend the day, the week, or the year to provide additional support and instruction for eligible students. The program shall be conducted beyond the required instructional days, which may include intercessions for year-round programs.(c) A student is eligible for services in accordance with the Texas Education Code, §29.082(a)(1)-(2). A student who does not demonstrate proficiency in a subject area as determined by the district is also eligible for services.(d) School districts shall be funded annually based on the most recent district data available to the Texas Education Agency through the Public Education Information Management System (PEIMS). Funding shall be based on the following:(1) Eligibility. School districts in which at least 40% of the students in Kindergarten through Grade 12 are from economically disadvantaged families will be eligible for funding.(2) Maximum entitlement. Funding for an eligible school district under this section shall be based on the amount necessary to provide extended year instructional services to at least 5.0% of the at-risk student population in Kindergarten through Grade 12.(3) Per capita amount. The per capita amount will be determined by dividing the total program allocation by the sum of the maximum entitlement populations in Kindergarten through Grade 12 in eligible school districts.(4) Reallocation. Program funds not requested by eligible school districts will be reallocated to school districts identified in paragraph (1) of this subsection that requested funding.(e) At a minimum, school districts will be required to provide services to the number of students identified on the school district's entitlement notice used for funding. School districts that have fewer students participating in the optional extended year program than identified for calculating the school district's maximum entitlement (including reallocation, if applicable) will have their entitlement reduced on a per-capita basis.(f) A school district receiving funds for the accelerated reading instruction program authorized under the Texas Education Code, §28.006(g), is eligible to use funds authorized under the Texas Education Code, §29.082, to serve students in Kindergarten through Grade 2. Each optional extended year program must have auditable funding documentation linking direct service expenditures and optional extended year program funds used to identify eligible students.(g) All costs under the optional extended year program must be necessary and reasonable for carrying out the objectives of the program and for the proper and efficient performance and administration of the program.(h) Teacher training required under the Texas Education Code, §29.082(d), shall address the provisions set forth in this subsection. Training is to occur prior to the implementation of the program. Additional training may be provided throughout the implementation of the program. The required training shall provide teachers with the following:(1) knowledge and skills needed to help students in the program meet challenging state content and student performance standards; and(2) innovative instructional practices suitable for accelerating the academic performance of at-risk students.(i) A school district shall incorporate effective instructional strategies into the design of the program to ensure students are provided with the skills needed to be successful in the following school year. An extended day program must be implemented beyond the regular seven-hour day and may not include tutorials or extended in-school day-care services. A program with the basic design to complete homework is not an acceptable instructional design for the program. A tutorial program using pre- and post-testing with each student working on a sequenced and focused program over time to enable the student to attain greater academic success is acceptable.(j) A school district shall submit an annual report evaluating the program in the time and format required by the commissioner. A school district shall also submit, in a manner determined by the commissioner, a complete list of students who participated in the program for at least one day.(k) For audit purposes, a school district shall maintain documentation to support each of the requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §105.1001 adopted to be effective December 1, 1997, 22 TexReg 11671; amended to be effective November 7, 1999, 24 TexReg 9610; amended to be effective September 18, 2006, 31 TexReg 7990; amended to be effective July 8, 2008, 33 TexReg 5316; amended to be effective October 18, 2022, 47 TexReg 6874.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c105/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING CHARTER SCHOOL FUNDING</heading><section identifier="/us/state/tx/tac/t19/p2/c105/scBB/s105.1011"><num value="105.1011">§105.1011</num><heading>Additional State Aid for Open-Enrollment Charter School Facilities</heading><content>(a) For the purpose of determining an open-enrollment charter school's initial eligibility to receive funding as provided in Texas Education Code (TEC), §12.106(e), the most recent overall performance rating assigned to the open-enrollment charter school under TEC, Chapter 39, Subchapter C, is the preliminary overall performance rating issued to the open-enrollment charter school for the school year preceding the school year for which funding under TEC, §12.106(d), would be provided.(b) If the preliminary rating issued under TEC, Chapter 39, Subchapter C, for the school year preceding the year for which funding under TEC, §12.106(d), would be provided is changed as a result of an accountability appeal to a rating of at least acceptable, then the full amount of the funds will be provided to the open-enrollment charter school.(c) If the open-enrollment charter school was not rated the preceding school year as a result of a special evaluation by the commissioner of education because the open-enrollment charter school was in a county declared a natural disaster, the most recent overall performance rating assigned to the open-enrollment charter school under TEC, Chapter 39, Subchapter C, is the most recent final overall performance rating issued.</content><note type="source"><p>Source Note: The provisions of this §105.1011 adopted to be effective December 20, 2018, 43 TexReg 8090.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c105/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING SEVERANCE PAYMENTS</heading><section identifier="/us/state/tx/tac/t19/p2/c105/scCC/s105.1021"><num value="105.1021">§105.1021</num><heading>Severance Payment Reporting and Reductions in Foundation School Program Funding</heading><content>(a) Definitions. In this section, the following terms have the following meanings.(1) Severance payment--Any amount paid by the board of trustees of an independent school district or open-enrollment charter school to or in behalf of a superintendent on early termination of the superintendent's contract that exceeds the amount earned by the superintendent under the contract as of the date of termination, including any amount that exceeds the amount of earned standard salary and benefits that is paid as a condition of early termination of the contract. Payments to a former superintendent who remains employed by a school district or an open-enrollment charter school in another capacity or contracts with a school district or an open-enrollment charter school to provide the district or charter school services may be severance payments in whole or in part if the payments are compensation for the early termination of a prior employment agreement. Severance payments include any payment for actual or threatened litigation involving or related to the employment contract.(2) Superintendent--The educational leader and chief executive officer of an independent school district or open-enrollment charter school. "Departing superintendent" means an individual no longer acting as superintendent and includes a former superintendent who is employed or contracted to work in any other capacity by the same school district or open-enrollment charter school that previously employed him or her as superintendent.(3) Foundation School Program (FSP) funding reduction amount--The portion of the amount of a severance payment to a superintendent that is deducted from an independent school district's or open-enrollment charter school's FSP funding. The FSP funding reduction amount is calculated according to the provisions in subsection (c) of this section.(b) Severance payment reporting and identification of districts or open-enrollment charter schools subject to funding reductions.(1) An independent school district or open-enrollment charter school that makes a payment of any kind to a departing superintendent must file with the Texas Education Agency (TEA) a Superintendent Payment Disclosure Form, which is available on the TEA website. However, no form is required to be filed for a payment already earned and payable under the terms of a terminated employment contract, such as a payment for accrued vacation.(2) The form must be filed by the 60th day after the district or open-enrollment charter school executes the agreement to make the payment or the 60th day after any payment under such an agreement, whichever is sooner. The interim superintendent, new superintendent, or school board president is responsible for timely filing of the Superintendent Payment Disclosure Form. Filing of the disclosure form is required regardless of whether a school district or an open-enrollment charter school considers a payment to be a severance payment as that term is defined in subsection (a) of this section. As stated in the disclosure form, a school district or an open-enrollment charter school must enclose with the submitted form a copy of the superintendent employment contract and a copy of the termination or severance agreement.(3) The commissioner of education determines whether a payment to a departing superintendent is a severance payment for purposes of this section, and whether an independent school district or open-enrollment charter school is subject to reductions in FSP funding under this section, based on information the district or charter school reports on the Superintendent Payment Disclosure Form and any additional documentation the commissioner requires to make these determinations. The commissioner may also make these determinations based on agency documents that are made available to the district or charter school. The commissioner's determinations under this paragraph are the final agency administrative decisions and may not be appealed under Texas Education Code (TEC), §7.057(a).(4) A school district or an open-enrollment charter school must provide the commissioner with any information or documentation that the commissioner requests to make the determinations described in paragraph (3) of this subsection. Information and documentation that the commissioner may request includes but is not limited to the following:(A) the canceled check for any payment made to the departing superintendent beyond the amount earned under the contract at the time employment was terminated;(B) the Internal Revenue Service Form W-2, Wage and Tax Statement, reporting any payment of supplemental wages (compensation paid in addition to the employee's regular wages) and any special wage payment (amount paid to an employee or former employee for services performed in a prior year) made to the departing superintendent;(C) worksheets documenting calculation of earned payroll amounts through the departing superintendent's last day of employment;(D) general ledger detail documenting transactions involving payments to the departing superintendent;(E) minutes of the meeting of the board of trustees documenting approval of a final agreement to make a payment or payments to the departing superintendent;(F) the departing superintendent's employment contract for the period (year) of employment immediately preceding the most recent period (year), if applicable;(G) the compensation plan or salary schedule for the departing superintendent for the most recent contractual period (year) of employment and for the period (year) immediately preceding, if applicable;(H) salary distribution records for the departing superintendent's most recent contractual period (year) of employment and for the period (year) immediately preceding, if applicable;(I) any agreement for employment of the departing superintendent after that individual's employment as superintendent; and(J) the board policy covering employee benefits, including monthly allowances, deferred compensation, and payments for leave (sick, personal, vacation, compensatory, or any other type of leave) that is earned but unused upon termination, that was in effect at the time the departing superintendent's employment was terminated.(c) Reduction in FSP funding.(1) The commissioner will reduce a school district's or an open-enrollment charter school's FSP funding by the amount that a severance payment to a superintendent exceeds the amount that is equal to one year's salary and benefits under the superintendent's terminated contract. The commissioner will reduce the district's or charter school's FSP funding for the school year following the school year in which the first payment requiring an FSP funding reduction under this section is made to the former superintendent. The commissioner also will reduce the district's or charter school's FSP funding in the school year following each school year that any additional payment requiring an FSP reduction under this section is made to the former superintendent. If a school district's or an open-enrollment charter school's liability to the state under this section exceeds the total of the district's or charter school's estimated payments of FSP funding for the remainder of the school year, the district or charter school is subject to reductions in its FSP funding for subsequent school years until the liability has been fully liquidated. The reduction in FSP funding may be applied to any source of FSP estimated earned revenue. A proportionate amount of the reduction in FSP funding will be deducted from each FSP state aid payment for the school year or years.(2) A reduction in FSP funding under this section does not affect a school district's or open-enrollment charter school's obligation to comply with all provisions of the TEC, Chapter 48, including its obligation under that chapter to provide educational services to special populations.(d) Review and consequences of failure to comply with this section. The information a district or open-enrollment charter school reports on its Superintendent Payment Disclosure Form is subject to review by the TEA division responsible for school financial reviews. Compliance with the reporting requirements of this section is considered part of the district's or open-enrollment charter school's compliance with required financial accounting practices under the TEC, §39.057(a)(4). Failure to comply with this section's reporting requirements may result in sanctions as authorized by the TEC, §39.057(d) and (e).</content><note type="source"><p>Source Note: The provisions of this §105.1021 adopted to be effective August 14, 2014, 39 TexReg 6045; amended to be effective January 11, 2021, 46 TexReg 302; amended to be effective June 14, 2022, 47 TexReg 3457.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c105/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING UNIVERSITY INTERSCHOLASTIC LEAGUE ALLOTMENT</heading><section identifier="/us/state/tx/tac/t19/p2/c105/scDD/s105.1031"><num value="105.1031">§105.1031</num><heading>Allotment for Non-enrolled Students Participating in University Interscholastic League Activities</heading><content>(a) The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Activity season--The period established by a school or the University Interscholastic League (UIL) in which practices, rehearsals, and interschool competitions or contests take place.(2) Non-enrolled student--A student who predominantly receives instruction in a general elementary or secondary education program that is provided by the parent, or a person standing in parental authority, in or through the child's home. This may include a student who is designated as enrolled, not in membership.(3) Participation--The active involvement of a student in a minimum of 75% of a combined total of practices, rehearsals, or preparation activities and associated competitions and contests, including selection as an alternate, for a specific UIL activity.(4) University Interscholastic League or UIL activity--Any official UIL activity identified in the UIL Constitution and Contest Rules, not including pilot activities.(b) In accordance with Texas Education Code (TEC), §48.305, a school district or open-enrollment charter school that allows participation of non-enrolled students in UIL activities under TEC, §33.0832, is entitled, for each non-enrolled student, to an annual allotment of $1,500 for each UIL activity in which the non-enrolled student participates.(c) In the fall of each school year, as part of the settle-up process for the preceding school year, data reported through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) summer submission will be used to calculate the allotment prescribed in subsection (b) of this section.(d) UIL activities shall:(1) be overseen by a school district- or charter school-approved coach or sponsor;(2) provide for a minimum of four weeks of coach- or sponsor-led practice, rehearsal, or preparation specific to the activity within the designated activity season; and(3) provide opportunities for students to take part in formal, interschool competitions or contests in the associated activity during the designated activity season.(e) A school district or charter school may still receive the allotment if a student began the activity season without injury or illness and later experienced an injury or prolonged illness that prevented participation.(f) For audit purposes, a school district or charter school shall maintain documentation to support the requirements of this section.(g) School districts and charter schools will be provided with estimated funding during a school year for non-enrolled students based on the prior year's summer TSDS PEIMS data using the same methodology described in subsection (c) of this section to calculate the entitlement. The final entitlement will be based on data from the current school year as provided for in subsection (c) of this section. Any difference from the estimated entitlement will be addressed as part of the Foundation School Program settle-up process according to the provisions of TEC, §48.272.</content><note type="source"><p>Source Note: The provisions of this §105.1031 adopted to be effective August 4, 2024, 49 TexReg 5527.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c109"><num value="109">CHAPTER 109</num><heading>BUDGETING, ACCOUNTING, AND AUDITING</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scA"><num value="A">SUBCHAPTER A</num><heading>BUDGETING, ACCOUNTING, FINANCIAL REPORTING, AND AUDITING FOR SCHOOL DISTRICTS</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scA/s109.1"><num value="109.1">§109.1</num><heading>Financial Accounting</heading><content>(a) A uniform system of public school budgeting, accounting, and financial reporting shall be provided and employed throughout the state as required by law. The uniform system for budgeting, accounting, and financial reporting is to reflect the full implementation of modified and full accrual accounting, as appropriate, in accordance with generally accepted accounting principles.(b) The commissioner of education shall develop and administer the requirements relating to budgeting, accounting, financial reporting, and auditing for Texas public schools. The commissioner of education shall ensure adequate stakeholder involvement in the design and modification of these requirements. The State Board of Education shall approve the budgeting, accounting, and reporting systems and the auditing procedures as determined by the commissioner of education. The school districts and charter schools shall install the budgeting, accounting, and financial reporting system as required by law and meet the audit requirements as developed by the commissioner of education and subject to review and comment by the state auditor when required by law.</content><note type="source"><p>Source Note: The provisions of this §109.1 adopted to be effective September 1, 1996, 21 TexReg 2076; amended to be effective October 13, 2002, 27 TexReg 9316.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING FINANCIAL ACCOUNTABILITY</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scAA/s109.1001"><num value="109.1001">§109.1001</num><heading>Financial Accountability Ratings</heading><content>(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Annual Financial Report (AFR)--The audited annual report required by the Texas Education Code (TEC), §44.008, that is due to the Texas Education Agency (TEA) by no later than 150 days after the close of a school district's or an open-enrollment charter school's fiscal year.(2) Ceiling indicator--An upper limit (the maximum score) at which a score from a standard limit of a specific indicator will result regardless of overall points.(3) Debt--An amount of money owed to a person, bank, company, or other organization.(4) Electronic submission--The TEA electronic data feed format required for use by school districts, open-enrollment charter schools, and regional education service centers (ESCs).(5) Financial Integrity Rating System of Texas (FIRST)--The financial accountability rating system administered by the TEA in accordance with the TEC, §39.082 and §39.085. The system provides additional transparency to public education finance and meaningful financial oversight and improvement for school districts (School FIRST) and open-enrollment charter schools and charter schools operated by a public institution of higher education under TEC, Chapter 12, Subchapters D and E (Charter FIRST).(6) Fiscal year--The fiscal year of a school district or an open-enrollment charter school, which begins on July 1 or September 1 of each year, as determined by the board of trustees of the district or the governing body of the charter holder in accordance with the TEC, §44.0011.(7) Foundation School Program (FSP)--The program established under the TEC, Chapters 41, 42, and 46, or any successor program of state-appropriated funding for school districts in this state.(8) Open-enrollment charter school--A charter school authorized by the commissioner of education under TEC, Chapter 12, Subchapter D.(9) Public institution of higher education (IHE)--A public college or university eligible to operate a school district; an open-enrollment charter school; or a TEC, Chapter 12, Subchapter E, charter school authorized by the commissioner.(10) Summary of Finances (SOF) report--The document of record for FSP allocations. An SOF report is produced for each school district and open-enrollment charter school by the TEA division responsible for state funding that describes the school district's or open-enrollment charter school's funding elements and FSP state aid.(11) Texas Student Data System Public Education Information Management System (TSDS PEIMS)--The system that school districts and open-enrollment charter schools use to load, validate, and submit their data to the TEA.(12) Warrant hold--The process by which state payments issued to payees indebted to the state, or payees with a tax delinquency, are held by the Texas Comptroller of Public Accounts until the debt is satisfied in accordance with the Texas Government Code, §403.055. (b) The TEA will assign a financial accountability rating to each school district, open-enrollment charter school, and charter school operated by a public IHE under TEC, Chapter 12, Subchapters D and E, as required by the TEC, §39.082.(c) The commissioner will evaluate the rating system every three years as required by the TEC, §39.082, and may modify the system in order to improve the effectiveness of the rating system. If the rating system has been modified, the TEA will communicate changes to ratings criteria and their effective dates to school districts, open-enrollment charter schools, and charter schools operated by public IHEs.(d) The TEA will use the following sources of data in calculating the financial accountability indicators for school districts, open-enrollment charter schools, and charter schools operated by public IHEs.(1) AFR. For each school district, open-enrollment charter school, and charter school operated by a public IHE, the TEA will use audited financial data in the district's or charter's AFR. The AFR, submitted as an electronic submission through the TEA website, must include data required in the Financial Accountability System Resource Guide (FASRG) adopted under §109.41 of this title (relating to Financial Accountability System Resource Guide).(2) TSDS PEIMS. The TEA will use TSDS PEIMS data submitted by the school district, open-enrollment charter school, or charter school operated by a public IHE in the calculation of the financial accountability indicators.(3) Warrant holds. The TEA will use warrant holds as reported by the Texas Comptroller of Public Accounts in the calculation of the financial accountability indicators.(4) FSP. The TEA will use the average daily attendance (ADA) information used for FSP funding purposes for the school district, open-enrollment charter school, or charter school operated by a public IHE in the calculation of the financial accountability indicators.(e) The TEA will base the financial accountability rating of a school district on its overall performance on the financial measurements, ratios, and other indicators established by the commissioner, as shown in the figures provided in this subsection. Financial accountability ratings for a rating year are based on the data from the immediate prior fiscal year.(1) The financial accountability rating indicators for rating year 2014-2015 are based on fiscal year 2014 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated August 2015 for rating year 2014-2015."Attached Graphic(2) The financial accountability rating indicators for rating year 2015-2016 are based on fiscal year 2015 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated August 2015 for rating year 2015-2016."Attached Graphic(3) The financial accountability rating indicators for rating year 2016-2017 are based on fiscal year 2016 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated December 2016 for rating year 2016-2017."Attached Graphic(4) The financial accountability rating indicators for rating years 2017-2018, 2018-2019, and 2019-2020 are based on financial data from fiscal years 2017, 2018, and 2019, respectively, and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated April 2020 for rating years 2017-2018 through 2019-2020." The financial accountability rating indicators for rating years 2017-2018, 2018-2019, and 2019-2020 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(5) The financial accountability rating indicators for rating year 2020-2021 are based on fiscal year 2020 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated October 2021 for rating year 2020-2021." The financial accountability rating indicators for rating years after 2020-2021 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(6) The financial accountability rating indicators for rating year 2021-2022 are based on fiscal year 2021 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated October 2021 for rating year 2021-2022." The financial accountability rating indicators for rating years after 2021-2022 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(7) The financial accountability rating indicators for rating year 2022-2023 are based on fiscal year 2022 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated June 2023 for rating year 2022-2023." The financial accountability rating indicators for rating years after 2022-2023 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(8) The financial accountability rating indicators for rating year 2023-2024 are based on fiscal year 2023 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated June 2024 for Rating Years 2023-2024+." The financial accountability rating indicators for rating years after 2023-2024 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(9) The financial accountability rating indicators for rating year 2025-2026 are based on fiscal year 2025 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated June 2024 for Rating Years 2025-2026+." The financial accountability rating indicators for rating years after 2025-2026 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(10) The specific calculations and scoring methods used in the financial accountability rating worksheets for school districts for rating years prior to 2014-2015 remain in effect for all purposes with respect to those rating years.(f) The TEA will base the financial accountability rating of an open-enrollment charter school on its overall performance on the financial measurements, ratios, and other indicators established by the commissioner, as shown in the figures provided in this subsection. Financial accountability ratings for a rating year are based on the data from the immediate prior fiscal year.(1) The financial accountability rating indicators for rating year 2014-2015 are based on fiscal year 2014 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated August 2015 for rating year 2014-2015."Attached Graphic(2) The financial accountability rating indicators for rating year 2015-2016 are based on fiscal year 2015 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated August 2015 for rating year 2015-2016."Attached Graphic(3) The financial accountability rating indicators for rating year 2016-2017 are based on fiscal year 2016 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated August 2015 for rating year 2016-2017."Attached Graphic(4) The financial accountability rating indicators for rating years 2017-2018, 2018-2019, and 2019-2020 are based on financial data from fiscal years 2017, 2018, and 2019, respectively, and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated April 2020 for rating year 2017-2018." The financial accountability rating indicators for rating years 2017-2018, 2018-2019, and 2019-2020 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(5) The financial accountability rating indicators for rating year 2020-2021 are based on fiscal year 2020 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated October 2021 for rating year 2020-2021." The financial accountability rating indicators for rating years after 2020-2021 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(6) The financial accountability rating indicators for rating year 2021-2022 are based on fiscal year 2021 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated October 2021 for rating year 2021-2022." The financial accountability rating indicators for rating years after 2021-2022 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(7) The financial accountability rating indicators for rating year 2022-2023 are based on fiscal year 2022 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated June 2023 for rating year 2022-2023." The financial accountability rating indicators for rating years after 2022-2023 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(8) The financial accountability rating indicators for rating year 2023-2024 are based on fiscal year 2022 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated June 2024 for Rating Years 2023-2024+." The financial accountability rating indicators for rating years after 2023-2024 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(9) The financial accountability rating indicators for rating year 2025-2026 are based on fiscal year 2025 financial data and are provided in the figure in this paragraph entitled "Charter FIRST - Rating Worksheet Dated June 2024 for Rating Years 2025-2026+." The financial accountability rating indicators for rating years after 2025-2026 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(10) The specific calculations and scoring methods used in the financial accountability rating worksheets for open-enrollment charter schools for rating years prior to 2014-2015 remain in effect for all purposes with respect to those rating years.(g) The TEA will base the financial accountability rating of a charter school operated by a public IHE on its overall performance on the financial measurements, ratios, and other indicators established by the commissioner, as shown in the figures provided in this subsection. Financial accountability ratings for a rating year are based on the data from the immediate prior fiscal year.(1) The financial accountability rating indicators for rating year 2016-2017 are based on fiscal year 2016 financial data and are provided in the figure in this paragraph entitled "IHE Charter FIRST - Rating Worksheet Dated June 2019 for rating years 2016-2017 through 2019-2020." The financial accountability rating indicators for rating years 2016-2017 through 2019-2020 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(2) The financial accountability rating indicators for rating year 2020-2021 are based on fiscal year 2020 financial data and are provided in the figure in this paragraph entitled "IHE Charter FIRST - Rating Worksheet Dated June 2019 for rating year 2020-2021." The financial accountability rating indicators for rating years after 2020-2021 will use the same calculations and scoring method provided in the figure in this paragraph.Attached Graphic(h) The types of financial accountability ratings that school districts or open-enrollment charter schools may receive for the rating year 2014-2015 are as follows.(1) P for pass. This rating applies only to the financial accountability rating for rating year 2014-2015 based on fiscal year 2014 financial data. In accordance with the procedures established in this section, a school district or an open-enrollment charter school will receive a P rating if it scores within the applicable range established by the commissioner for a P rating.(2) F for substandard achievement. This rating applies to the financial accountability rating for rating year 2014-2015 based on fiscal year 2014 financial data. In accordance with the procedures established in this section, a school district or an open-enrollment charter school will receive an F rating if it scores within the applicable range established by the commissioner for an F rating.(i) The types of financial accountability ratings that school districts or open-enrollment charter schools may receive for the rating year 2015-2016 and all subsequent rating years are as follows. (1) A for superior achievement. Beginning with the financial accountability rating for rating year 2015-2016 and all subsequent rating years, in accordance with the procedures established in this section, a school district or an open-enrollment charter school will receive an A rating if it scores within the applicable range established by the commissioner for an A rating.(2) B for above standard achievement. Beginning with the financial accountability rating for rating year 2015-2016 and all subsequent rating years, in accordance with the procedures established in this section, a school district or an open-enrollment charter school will receive a B rating if it scores within the applicable range established by the commissioner for a B rating.(3) C for standard achievement. Beginning with the financial accountability rating for rating year 2015-2016 and all subsequent rating years, in accordance with the procedures established in this section, a school district or an open-enrollment charter school will receive a C rating if it scores within the applicable range established by the commissioner for a C rating.(4) F for substandard achievement. Beginning with the financial accountability rating for rating year 2015-2016 and all subsequent rating years, in accordance with the procedures established in this section, a school district or an open-enrollment charter school will receive an F rating if it scores within the applicable range established by the commissioner for an F rating.(5) No Rating. Beginning with the financial accountability rating for rating year 2016-2017 and all subsequent rating years, in accordance with the procedures established in this section, a school district receiving territory due to an annexation order by the commissioner under the TEC, §13.054, or consolidation under the TEC, Chapter 49, Subchapter H, will not receive a rating for two consecutive rating years beginning with the rating year that is based on financial data from the fiscal year in which the order of annexation becomes effective. After the second rating year, the receiving district will be subject to the financial accountability rating system established by the commissioner in this section.(j) The types of financial accountability ratings that charter schools operated by public IHEs may receive for the rating year 2016-2017 and all subsequent rating years are as follows.(1) P for pass. Beginning with the financial accountability rating for rating year 2016-2017 and all subsequent rating years, in accordance with the procedures established in this section, a charter school operated by a public IHE will receive a P rating if it scores within the applicable range established by the commissioner for a P rating.(2) F for substandard achievement. Beginning with the financial accountability rating for rating year 2016-2017 and all subsequent rating years, in accordance with the procedures established in this section, a charter school operated by a public IHE will receive an F rating if it scores within the applicable range established by the commissioner for an F rating.(k) The commissioner may lower a financial accountability rating based on the findings of an action conducted under the TEC, Chapter 39 or 39A, or change a financial accountability rating in cases of disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.(l) A financial accountability rating remains in effect until replaced by a subsequent financial accountability rating.(m) The TEA will issue a preliminary financial accountability rating to a school district, an open-enrollment charter school, or a charter school operated by a public IHE on or before August 8 of each year. The TEA will base the financial accountability rating for a rating year on the data from the fiscal year preceding the rating year.(1) The TEA will not delay the issuance of the preliminary or final rating if a school district, an open-enrollment charter school, or a charter school operated by a public IHE fails to meet the statutory deadline under the TEC, §44.008, for submitting the AFR. Instead, the school district, open-enrollment charter school, or charter school operated by a public IHE will receive an F rating for substandard achievement.(2) If the TEA receives an appeal of a preliminary rating, described by subsection (n) of this section, the TEA will issue a final rating to the school district, open-enrollment charter school, or charter school operated by a public IHE no later than 60 days after the deadline for submitting appeals.(3) If the TEA does not receive an appeal of a preliminary rating, described by subsection (n) of this section, the preliminary rating automatically becomes a final rating 31 days after issuance of the preliminary rating.(n) A school district, an open-enrollment charter school, or a charter school operated by a public IHE may appeal its preliminary financial accountability rating through the following appeals process.(1) The TEA division responsible for financial accountability must receive a written appeal no later than 30 days after the TEA's release of the preliminary rating. The appeal must include adequate evidence and additional information that supports the position of the school district, open-enrollment charter school, or charter school operated by a public IHE. Appeals received 31 days or more after TEA issues a preliminary rating will not be considered.(2) A data error attributable to the TEA is a basis for an appeal. If a preliminary rating contains a data error attributable to the TEA, a school district or an open-enrollment charter school may submit a written appeal requesting a review of the preliminary rating.(3) A school district, an open-enrollment charter school, or a charter school operated by a public IHE may appeal any other adverse issue it identifies in the preliminary rating.(4) The TEA will only consider appeals that would result in a change of the preliminary rating.(5) The TEA division responsible for financial accountability will select an external review panel to independently oversee the appeals process.(6) The TEA division responsible for financial accountability will submit the information provided by the school district, open-enrollment charter school, or charter school operated by a public IHE to the external review panel members for review.(7) Each external review panel member will examine the appeal and supporting documentation and will submit his or her recommendation to the TEA division responsible for financial accountability. (8) The TEA division responsible for financial accountability will compile the recommendations and forward them to the commissioner.(9) The commissioner will make a final ratings decision.(A) The commissioner may adjust a score for an indicator or the overall score upon appeal of the indicator(s) by the school district, open-enrollment charter school, or charter school operated by a public IHE.(B) Upon appeal of the indicator for the timely submission of a complete AFR, the commissioner may adjust the overall score and rating as described in clauses (i)-(iii) of this subparagraph if the certificate of the board and the audit opinion letter from the external auditor for the school district's or charter school's AFR were signed on or before the due date of the AFR as required in TEC, §44.008.(i) For a school district or charter school that has a failed preliminary FIRST rating with 85 to 100 points, deduct 15 points from the total points for an overall passing score if no other critical indicators were failed.(ii) For a school district or charter school that has a failed preliminary FIRST rating with 70 to 84 points, adjust the overall score to 70 points for an overall passing score if no other critical indicators were failed.(iii) For a school district or charter school that has a failed preliminary FIRST rating with total points less than the threshold for an overall passing score and/or the school district or charter school failed any other critical indicators, no adjustment to the points will be made for the overall score.(o) A final rating issued by the TEA under this section may not be appealed under the TEC, §7.057, or any other law or rule.(p) A financial accountability rating by a voluntary association is a local option of the school district, open-enrollment charter school, or charter school operated by a public IHE, but it does not substitute for a financial accountability rating by the TEA.(q) Each school district, open-enrollment charter school, and charter school operated by a public IHE is required to report information and financial accountability ratings to parents, taxpayers, and other stakeholders by implementing the following reporting procedures. (1) Each school district, open-enrollment charter school, and charter school operated by a public IHE must prepare and distribute an annual financial management report in accordance with this subsection. (2) Each school district, open-enrollment charter school, and charter school operated by a public IHE must provide the public with an opportunity to comment on the report at a public hearing.(3) The annual financial management report for a school district, an open-enrollment charter school, or a charter school operated by a public IHE must include:(A) a description of its financial management performance based on a comparison, provided by the TEA, of its performance on the indicators established by the commissioner and reflected in this section. The report will contain information that discloses:(i) state-established standards; and(ii) the financial management performance of the school district, open-enrollment charter school, or charter school operated by a public IHE under each indicator for the current and previous year's financial accountability ratings;(B) any descriptive information required by the commissioner, including:(i) a copy of the superintendent's current employment contract or other written documentation of employment if no contract exists. This must disclose all compensation and benefits paid to the superintendent. The school district, open-enrollment charter school, or charter school operated by a public IHE may publish the superintendent's employment contract on its website instead of publishing it in the annual financial management report;(ii) a summary schedule for the fiscal year (12-month period) of expenditures paid on behalf of the superintendent and each board member and total reimbursements received by the superintendent and each board member. This includes transactions on the credit card(s), debit card(s), stored-value card(s), and any other similar instrument(s) of the school district, open-enrollment charter school, or charter school operated by a public IHE to cover expenses incurred by the superintendent and each board member. The summary schedule must separately report reimbursements for meals, lodging, transportation, motor fuel, and other items. The summary schedule of total reimbursements should not include reimbursements for supplies and materials that were purchased for the operation of the school district, open-enrollment charter school, or charter school operated by a public IHE;(iii) a summary schedule for the fiscal year of the dollar amount of compensation and fees received by the superintendent from an outside school district, open-enrollment charter school, charter school operated by a public IHE, or any other outside entity in exchange for professional consulting or other personal services. The schedule must separately report the amount received from each entity;(iv) a summary schedule for the fiscal year of the total dollar amount of gifts that had a total economic value of $250 or more received by the executive officers and board members. This reporting requirement applies only to gifts received by the executive officers and board members (and their immediate family as described by Government Code, Chapter 573, Subchapter B, Relationships by Consanguinity or by Affinity) of the school district, open-enrollment charter school (or charter holder), or charter school operated by a public IHE (or charter holder) from an outside entity that received payments from the school district, open-enrollment charter school (or charter holder), or charter school operated by a public IHE (or charter holder) in the prior fiscal year and to gifts from competing vendors that were not awarded contracts in the prior fiscal year. This reporting requirement does not apply to reimbursement by an outside entity for travel-related expenses when the purpose of the travel was to investigate matters directly related to an executive officer's or board member's duties or to investigate matters related to attendance at education-related conferences and seminars with the primary purpose of providing continuing education (this exclusion does not apply to trips for entertainment purposes or pleasure trips). This reporting requirement excludes an individual gift or a series of gifts from a single outside entity that had a total economic value of less than $250 per executive officer or board member; and(v) a summary schedule for the fiscal year of the dollar amount received by board members for the total amount of business transactions with the school district, open-enrollment charter school (or charter holder), or charter school operated by a public IHE (or charter holder). This reporting requirement is not to duplicate the items disclosed in the summary schedule of reimbursements received by board members; and(C) any other information the board of trustees of the school district, open-enrollment charter school, or charter school operated by a public IHE determines to be useful.(4) The board of trustees of each school district, open-enrollment charter school, or charter school operated by a public IHE must hold a public hearing on the annual financial management report within two months after receiving a final financial accountability rating. The public hearing must be held at a location in the facilities of the school district, open-enrollment charter school, or charter school operated by a public IHE. The board must give notice of the hearing to owners of real estate property in the geographic boundaries of the school district, open-enrollment charter school, or charter school operated by a public IHE and to parents of school district, open-enrollment charter school, or charter school operated by a public IHE students. In addition to other notice required by law, the board must provide notice of the hearing:(A) to a newspaper of general circulation in the geographic boundaries of the school district, each campus of an open-enrollment charter school, or each campus of a charter school operated by a public IHE in one posting prior to holding the public meeting, providing the time and place of the hearing. The notice in the newspaper may not be earlier than 30 days or later than 10 days before the date of the hearing. If no newspaper is published in the county in which the district's central administration office is located or within the geographic boundaries of an open-enrollment charter school's campus or campus of a charter school operated by a public IHE, then the board must publish the notice in the county nearest to the county seat of the county in which the district's central administration office is located or in which the campus of the open-enrollment charter school or the campus of a charter school operated by a public IHE is located; and(B) through electronic mail to the mass communication media serving the school district, open-enrollment charter school, or charter school operated by a public IHE, including, but not limited to, radio and television.(5) At the hearing, the school district, open-enrollment charter school, or charter school operated by a public IHE must provide the annual financial management report to the attending parents and taxpayers.(6) The school district, open-enrollment charter school, or charter school operated by a public IHE must retain the annual financial management report for at least three years after the public hearing and make it available to parents and taxpayers upon request.(7) Each school district, open-enrollment charter school, or charter school operated by a public IHE that received an F rating must file a corrective action plan with the TEA, prepared in accordance with instructions from the commissioner, within one month after the public hearing of the school district, open-enrollment charter school, or charter school operated by a public IHE. The commissioner may require certain information in the corrective action plan to address the factor(s) that may have contributed to the F rating for a school district, open-enrollment charter school, or charter school operated by a public IHE.</content><note type="source"><p>Source Note: The provisions of this §109.1001 adopted to be effective August 6, 2015, 40 TexReg 4879; amended to be effective September 11, 2016, 41 TexReg 6685; amended to be effective May 15, 2017, 42 TexReg 2534; amended to be effective August 1, 2018, 43 TexReg 4973; amended to be effective October 6, 2019, 44 TexReg 5761; amended to be effective September 1, 2020, 45 TexReg 6112; amended to be effective January 5, 2022, 46 TexReg 9295; amended to be effective June 6, 2023, 48 TexReg 2844; amended to be effective June 13, 2024, 49 TexReg 4037.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scB"><num value="B">SUBCHAPTER B</num><heading>TEXAS EDUCATION AGENCY AUDIT FUNCTIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scB/s109.21"><num value="109.21">§109.21</num><heading>Annual Audit Plan</heading><content>The commissioner of education shall submit an annual audit plan for field and independent audits for review of the designated committee of the State Board of Education. The plan may be amended as needed by the commissioner of education. The designated committee of the State Board of Education shall be informed at least annually by the commissioner of education on the progress of and amendments to the plan.</content><note type="source"><p>Source Note: The provisions of this §109.21 adopted to be effective September 1, 1996, 21 TexReg 2076.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c109/scB/s109.23"><num value="109.23">§109.23</num><heading>School District Independent Audits and Agreed-Upon Procedures</heading><content>(a) A school district, governmental charter school, open-enrollment charter school, nonprofit service provider, county education district, or regional education service center must file with the Texas Education Agency (TEA) an annual financial and compliance report and, if applicable, a state compensatory agreed-upon procedures report. These reports must be audited by an independent auditor, and the audit must be reviewed by the TEA, including review of auditors' working papers, in accordance with the Financial Accountability System Resource Guide, as adopted by reference in §109.41 of this title (relating to Financial Accountability System Resource Guide).(b) The annual financial audit report and state compensatory agreed-upon procedures report are due 150 days after the end of the fiscal year.(c) Auditors from the TEA must review independent audit reports. The commissioner's designee must resolve audit findings.(d) The district or other educational entity must hire at its own expense an independent auditor to conduct an independent audit of its financial statements and provide an opinion on its annual financial and compliance report.(1) The independent auditor must:(A) be associated with a certified public accountancy (CPA) firm that has a current valid license issued by the Texas State Board of Public Accountancy or a state licensing agency from another state;(B) be a certified public accountant with a current valid license issued by the Texas State Board of Public Accountancy, as required under the Texas Education Code, §44.008; and(C) adhere to the generally accepted auditing standards (GAAS), adopted by the American Institute of CPAs (AICPA), as amended, and the generally accepted government auditing standards (GAGAS), adopted by the US Government Accountability Office, as amended.(2) The CPA firm must:(A) be a member of the AICPA Governmental Audit Quality Center (GAQC);(B) adhere to GAQC's membership requirements; and(C) collectively have the knowledge, skills, and experience to be competent for the audit being conducted, including thorough knowledge of the government auditing requirements and:(i) Texas public school district environment;(ii) public sector; or(iii) nonprofit sector.(e) If at any time the TEA division responsible for financial compliance reviews an audit firm's working papers and finds that the firm or the quality of the work does not meet the standards required as stated in subsection (d) of this section, the division may require the district or other educational entity to change its audit firm.(f) To the extent that this section conflicts with any other rule regarding audits of school districts and other educational entities by independent auditors and the TEA, this section controls.</content><note type="source"><p>Source Note: The provisions of this §109.23 adopted to be effective September 1, 1996, 21 TexReg 2076; amended to be effective October 13, 2002, 27 TexReg 9316; amended to be effective March 10, 2015, 40 TexReg 1084; amended to be effective August 31, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c109/scB/s109.25"><num value="109.25">§109.25</num><heading>State Compensatory Education Program Reporting and Auditing System</heading><content>(a) Each school district and charter school shall report financial information relating to expenditure of the state compensatory education allotment under the Foundation School Program to the Texas Education Agency (TEA). Each school district and charter school shall report the information according to standards for financial accounting provided in §109.41 of this title (relating to Financial Accountability System Resource Guide.) The financial data will be reported annually through the Public Education Information Management System. The commissioner of education shall ensure that districts follow guidelines contained in the "Financial Accountability System Resource Guide" in attributing supplemental direct costs to state compensatory education and accelerated instruction programs and services. Costs charged to state compensatory education shall be for programs and services that supplement the regular education program.(b) Each school district and charter school shall ensure that supplemental direct costs and personnel attributed to compensatory education and accelerated instruction are identified in district and/or campus improvement plans at the summary level for financial units or campuses. Each school district and charter school shall maintain documentation that supports the attribution of supplemental costs and personnel to compensatory education. School districts and charter schools must also maintain sufficient documentation supporting the appropriate identification of students in at-risk situations, under criteria established in Texas Education Code (TEC), §29.081.(c) The TEA shall conduct risk assessment and desk audit processes to identify the school districts, charter schools, or campuses most at risk of inappropriate allocation and/or underexpenditure of the compensatory education allotment. In the risk assessment and desk audit processes, the TEA shall consider the following factors:(1) aggregate performance of students in at-risk situations on the state assessment instruments that is below the standards for the "acceptable" rating, as defined in the state accountability system;(2) the financial management of compensatory education funds; and/or(3) the quality of data related to compensatory education submitted by a school district or charter school.(d) The TEA shall use the results of risk assessment and desk audit processes to prioritize school districts or charter schools for the purpose of on-site visits and may conduct on-site visits.(e) The TEA shall issue a preliminary report resulting from a desk audit or an on-site visit before submitting a final report to the school district or charter school. After issuance of a preliminary report, a school district or charter school must file with the TEA the following:(1) a response to the preliminary report within 20 calendar days from the date of the preliminary report outlining steps the school district or charter school will take to resolve the issues identified in the preliminary report; and(2) a corrective action plan within 60 calendar days from the date of the preliminary report if the school district's or charter school's response to the preliminary report does not resolve issues identified in the preliminary report.(f) The TEA shall issue a final report that indicates whether the school district or charter school has resolved the findings in the preliminary report and whether the corrective action plan filed under subsection (e)(2) of this section is adequate.(1) If the final report contains a finding of noncompliance with TEC, §48.104(k), the report shall include a financial penalty authorized under TEC, §48.104(o).(2) If the school district or charter school responds with an appropriate corrective action plan, the TEA shall rescind the financial penalty and release the amount of the penalty to the school district or charter school.(g) The TEA may conduct an on-site visit to verify the implementation of a school district's or charter school's corrective action plan.</content><note type="source"><p>Source Note: The provisions of this §109.25 adopted to be effective September 1, 1998, 23 TexReg 7781; amended to be effective October 13, 2002, 27 TexReg 9316; amended to be effective October 26, 2021, 46 TexReg 7213.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING FINANCIAL EXIGENCY</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scBB/s109.2001"><num value="109.2001">§109.2001</num><heading>Financial Exigency</heading><content>(a) Financial exigency means the financial position of a school district as a whole is such that the financial resources of the school district are insufficient to support the district's instructional programs or the school district is unable to finance the full compensation of staff for the current or succeeding fiscal year.(b) Financial exigency may be declared by a school district board of trustees under one or more of the following conditions:(1) a decrease of more than 20% in unassigned General Fund balance per student in weighted average daily attendance over the past two years or a projected reduction of 20% compared to the current year;(2) a decline in enrollment by more than 10% over the past 5 years;(3) a reduction of more than 10% in total General Fund total funding per student in weighted average daily attendance over one year or a projected reduction of 10% compared to the current year;(4) a natural disaster or casualty loss defined as damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual and that requires expenditures for repair or remediation in excess of 15% of the current year General Fund budget;(5) any of the following, or combination of the following, that exceeds 15% of the current year General Fund budget: an unanticipated major expense, including significant repair costs; litigation expenses, excluding lawsuits against the state; or tax refunds; or(6) any other circumstances approved in writing by the commissioner of education.(c) The declaration of financial exigency expires at the end of the fiscal year during which the declaration is made unless the school district board of trustees adopts a resolution before the end of the fiscal year declaring continuation of the financial exigency for the following fiscal year.(d) Each time the school district board of trustees adopts a resolution or an extension declaring financial exigency, the board must notify the commissioner within 20 calendar days of the adoption. The notice must include the date the resolution was adopted and the reason(s) for the declaration of financial exigency as specified in subsection (b) of this section. The notice must be signed by the board president and superintendent and submitted to the Texas Education Agency.</content><note type="source"><p>Source Note: The provisions of this §109.2001 adopted to be effective May 17, 2012, 37 TexReg 3578.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scC"><num value="C">SUBCHAPTER C</num><heading>ADOPTIONS BY REFERENCE</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scC/s109.41"><num value="109.41">§109.41</num><heading>Financial Accountability System Resource Guide</heading><content>The rules for financial accounting are described in the official Texas Education Agency (TEA) publication Financial Accountability System Resource Guide, Version 19, which is adopted by this reference as the agency's official rule. A copy is available on the TEA website with information related to financial compliance.</content><note type="source"><p>Source Note: The provisions of this §109.41 adopted to be effective September 1, 1996, 21 TexReg 2076; amended to be effective February 15, 1998, 23 TexReg 1020; amended to be effective September 1, 1998, 23 TexReg 7782; amended to be effective December 13, 1998, 23 TexReg 12301; amended to be effective September 12, 1999, 24 TexReg 6978; amended to be effective December 5, 1999, 24 TexReg 10537; amended to be effective July 31, 2001, 26 TexReg 5638; amended to be effective December 30, 2001, 26 TexReg 10539; amended to be effective September 1, 2002, 27 TexReg 7802; amended to be effective January 5, 2003, 27 TexReg 12213; amended to be effective November 16, 2003, 28 TexReg 9833; amended to be effective December 30, 2004, 29 TexReg 11972; amended to be effective July 31, 2008, 33 TexReg 5929; amended to be effective April 26, 2010, 35 TexReg 3261; amended to be effective August 9, 2012, 37 TexReg 5746; amended to be effective August 19, 2019, 44 TexReg 4315; amended to be effective June 21, 2021, 46 TexReg 3731; amended to be effective September 13, 2022, 47 TexReg 5481; amended to be effective March 31, 2024, 49 TexReg 1922.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES CONCERNING FEDERAL FISCAL COMPLIANCE AND REPORTING</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scCC/s109.3001"><num value="109.3001">§109.3001</num><heading>Local Maintenance of Effort</heading><content>(a) In accordance with the Texas Education Code, §7.021, the Texas Education Agency shall administer and monitor compliance with education programs required by federal or state law, including federal funding and state funding for those programs.(b) The following terms have the following meanings when used in this subchapter.(1) Maintenance of Effort (MOE) for a grant under the Individuals with Disabilities Education Act, Part B (IDEA-B)--This term has the meaning assigned by 34 Code of Federal Regulations (CFR), §300.203(a).(2) MOE for a grant under the Every Student Succeeds Act (ESSA)--This term is generally defined by Public Law 114-95, Title VIII, Part F, Subpart 2, §8521.(c) Each local educational agency (LEA) that expends federal IDEA-B or ESSA funds must comply with established MOE requirements developed in conjunction with federal statutes, regulations, and guidance from the United States Department of Education. The methods of determining compliance, the consequences of noncompliance, and allowable exceptions to the MOE requirements are outlined in the statutes specified in subsection (b)(1) and (2) of this section.(d) If an LEA provides a Medicaid-eligible student with a Medicaid service that is specified in the student's individualized education program, the LEA may request reimbursement for that service through Medicaid's School Health and Related Services (SHARS) program. The LEA is reimbursed the federal portion of the amount it expended on the service based on the Federal Medicaid Assistance Percentage rate Medicaid has defined. In accordance with 34 CFR, §300.154(g)(2), if the reimbursement is expended on special education services, that expenditure must be excluded from the calculation of state/local expenditures for purposes of calculating IDEA-B LEA MOE compliance (34 CFR, §300.154(g)(2)).(e) To the extent that this section conflicts with any other commissioner or State Board of Education rule, including the Financial Accountability System Resource Guide, the provisions of this section control.</content><note type="source"><p>Source Note: The provisions of this §109.3001 adopted to be effective February 26, 2014, 39 TexReg 1152; amended to be effective June 29, 2021, 46 TexReg 3878.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c109/scCC/s109.3003"><num value="109.3003">§109.3003</num><heading>Indirect Cost Rates</heading><content>(a) Pursuant to authorization in 34 Code of Federal Regulations (CFR), §75.561(b) and §76.561(b), the Texas Education Agency (TEA) has been delegated the authority by the United States Department of Education (USDE) to issue indirect cost rates to local educational agencies (LEAs) and education service centers (ESCs).(b) Pursuant to 34 CFR, §75.561(b) and §76.561(b), to recover any indirect costs for the administration of federal grants, an entity must have an approved indirect cost rate. Indirect cost rates will be issued for a one-year period from July 1 to June 30. A new indirect cost rate must be requested each year.(c) For the one-year period an entity has been issued an indirect cost rate, it can claim indirect cost revenue on applicable grants during that period. As indirect cost revenues are earned in the Special Revenue Fund on federally funded grants, these revenues can be transferred from the Special Revenue Fund to the General Fund. After the indirect cost revenue has been recorded in the General Fund, the revenues can be used for any legal purpose.(d) Guidance concerning the process for requesting an indirect cost rate for entities where TEA is the cognizant agency, including LEAs and ESCs, has been developed by TEA in conjunction with federal statutes and guidance from USDE. The definitions, standards, and procedures to request an indirect cost rate are outlined in the Indirect Cost Rate Guidance Handbook provided in this subsection.Attached Graphic(e) Guidance provided in the handbook described in subsection (d) of this section will be updated as necessary by the commissioner of education to align with subsequent updates, modifications, and amendments to the statutory authority and USDE guidance.(f) To the extent that this section conflicts with any other commissioner or State Board of Education rule, including the Financial Accountability System Resource Guide, the provisions of this section control.</content><note type="source"><p>Source Note: The provisions of this §109.3003 adopted to be effective February 26, 2014, 39 TexReg 1152; amended to be effective June 29, 2021, 46 TexReg 3878.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scD"><num value="D">SUBCHAPTER D</num><heading>UNIFORM BANK BID OR REQUEST FOR PROPOSAL AND DEPOSITORY CONTRACT</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scD/s109.51"><num value="109.51">§109.51</num><heading>Uniform Depository Bank Bid or Proposal Form</heading><content>(a) At least 60 days before the end of the current depository contract, each school district must decide to use either competitive bidding or a request for proposals to choose a new depository. (b) At least 30 days before the end of the current depository contract, the district must mail the uniform blank form for the selected process to each bank located in the district. The district must use either the uniform bid form specified in subsection (c) of this section or the uniform proposal form specified in subsection (d) of this section. The district may add other terms to the uniform bid or proposal form if the added terms do not unfairly restrict competition between banks as stated in the Texas Education Code, §45.206(b). The district must keep the selected bid or proposal form in the district and make it available to the Texas Education Agency upon request.(c) This subsection provides the uniform bid blank form, entitled "Bid Form for Depository Services."Attached Graphic(d) This subsection provides the uniform proposal blank form, entitled "Proposal Form for Depository Services."Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §109.51 adopted to be effective September 1, 1997, 22 TexReg 3780; amended to be effective March 4, 2001, 26 TexReg 1708; amended to be effective October 13, 2002, 27 TexReg 9316; amended to be effective August 17, 2008, 33 TexReg 6592; amended to be effective May 15, 2014, 39 TexReg 3706; amended to be effective May 16, 2017, 42 TexReg 2533.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c109/scD/s109.52"><num value="109.52">§109.52</num><heading>Uniform Depository Bank Contract and Surety Bond Forms</heading><content>(a) Each school district must use the uniform depository contract form as provided in subsection (b) of this section. The district must complete the form and file it electronically with the Texas Education Agency (TEA) as specified in the Texas Education Code (TEC), §45.208, and in accordance with filing instructions provided on the TEA website.(b) This subsection provides the uniform depository contract form, entitled "Depository Contract for Funds of Independent School Districts under the Texas Education Code, Chapter 45, Subchapter G, School District Depositories."Attached Graphic(c) If a district's depository elects a surety bond to secure the district's deposit amounts less any applicable Federal Deposit Insurance Corporation insurance, the depository must complete the surety bond form provided in subsection (d) of this section, attach it to the contract, and file it with the district. The district must file a copy of the contract and the surety bond form with the TEA as specified in the TEC, §45.208, and in accordance with filing instructions provided on the TEA website.(d) This subsection provides the uniform surety bond form, entitled "Texas School Depository Surety Bond Form."Attached Graphic(e) If the TEA receives a contract form and determines that it is incomplete, the TEA will notify the district.(f) A district that has no current depository contract in force and filed with the TEA will receive its warrants from the TEA by US mail.(g) For depository contract filing requirements for charter schools, refer to §100.1043 of this title (relating to Status and Use of State Funds; Depository Contract).</content><note type="source"><p>Source Note: The provisions of this §109.52 adopted to be effective September 1, 1997, 22 TexReg 3780; amended to be effective March 4, 2001, 26 TexReg 1708; amended to be effective October 13, 2002, 27 TexReg 9316; amended to be effective August 17, 2008, 33 TexReg 6592; amended to be effective May 15, 2014, 39 TexReg 3706; amended to be effective March 29, 2018, 43 TexReg 1850.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scDD"><num value="DD">SUBCHAPTER DD</num><heading>COMMISSIONER'S RULES CONCERNING FISCAL PEER GROUPS</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scDD/s109.4001"><num value="109.4001">§109.4001</num><heading>Establishment of Fiscal Peer Groups</heading><content>(a) The criteria selected by the Texas Education Agency for use in an online financial information tool to place school districts and open-enrollment charter schools in fiscal peer groups include:(1) whether the school district is eligible to receive the sparsity adjustment; and(2) student enrollment levels, which are determined by districtwide enrollment of:(A) 1 through 499 students;(B) 500 through 999 students;(C) 1,000 through 1,599 students;(D) 1,600 through 4,999 students;(E) 5,000 through 24,999 students; or(F) 25,000 or more students.(b) Open-enrollment charter schools will be placed in fiscal peer groups that do not receive the sparsity adjustment.(c) The establishment of fiscal peer groups is for informational purposes only and has no effect upon a school district's or an open-enrollment charter school's financial accountability rating.(d) Fiscal peer groups will be reevaluated on an ongoing basis.</content><note type="source"><p>Source Note: The provisions of this §109.4001 adopted to be effective August 11, 2019, 44 TexReg 4046.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c109/scEE"><num value="EE">SUBCHAPTER EE</num><heading>COMMISSIONER'S RULES CONCERNING FINANCIAL ACCOUNTING GUIDELINES</heading><section identifier="/us/state/tx/tac/t19/p2/c109/scEE/s109.5001"><num value="109.5001">§109.5001</num><heading>Financial Accountability System Resource Guide</heading><content>The rules for financial accounting are described in the official Texas Education Agency (TEA) publication Financial Accountability System Resource Guide, Version 19, which is adopted by this reference as the agency's official rule. A copy is available on the TEA website with information related to financial compliance.</content><note type="source"><p>Source Note: The provisions of this §109.5001 adopted to be effective June 29, 2021, 46 TexReg 3879; amended to be effective August 29, 2022, 47 TexReg 5112; amended to be effective March 31, 2024, 49 TexReg 1925.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c110"><num value="110">CHAPTER 110</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR ENGLISH LANGUAGE ARTS AND READING</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c110/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c110/scA/s110.1"><num value="110.1">§110.1</num><heading>Implementation of Texas Essential Knowledge and Skills for English Language Arts and Reading, Elementary, Adopted 2017</heading><content>(a) The provisions of this section and §§110.2-110.7 of this title shall be implemented by school districts.(b) No later than August 31, 2018, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for English language arts and reading as adopted in §§110.2-110.7 of this title.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§110.2-110.7 of this title shall be implemented beginning with the 2019-2020 school year and apply to the 2019-2020 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§110.2-110.7 of this title shall be implemented for the following school year.</content><note type="source"><p>Source Note: The provisions of this §110.1 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scA/s110.2"><num value="110.2">§110.2</num><heading>English Language Arts and Reading, Kindergarten, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively and ask questions to understand information and answer questions using multi-word responses;(B) restate and follow oral directions that involve a short, related sequence of actions;(C) share information and ideas by speaking audibly and clearly using the conventions of language;(D) work collaboratively with others by following agreed-upon rules for discussion, including taking turns; and(E) develop social communication such as introducing himself/herself, using common greetings, and expressing needs and wants.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate phonological awareness by:(i) identifying and producing rhyming words;(ii) recognizing spoken alliteration or groups of words that begin with the same spoken onset or initial sound;(iii) identifying the individual words in a spoken sentence;(iv) identifying syllables in spoken words;(v) blending syllables to form multisyllabic words;(vi) segmenting multisyllabic words into syllables;(vii) blending spoken onsets and rimes to form simple words;(viii) blending spoken phonemes to form one-syllable words;(ix) manipulating syllables within a multisyllabic word; and(x) segmenting spoken one-syllable words into individual phonemes;(B) demonstrate and apply phonetic knowledge by:(i) identifying and matching the common sounds that letters represent;(ii) using letter-sound relationships to decode, including VC, CVC, CCVC, and CVCC words;(iii) recognizing that new words are created when letters are changed, added, or deleted such as it - pit - tip - tap; and(iv) identifying and reading at least 25 high-frequency words from a research-based list;(C) demonstrate and apply spelling knowledge by:(i) spelling words with VC, CVC, and CCVC;(ii) spelling words using sound-spelling patterns; and(iii) spelling high-frequency words from a research-based list;(D) demonstrate print awareness by:(i) identifying the front cover, back cover, and title page of a book;(ii) holding a book right side up, turning pages correctly, and knowing that reading moves from top to bottom and left to right with return sweep;(iii) recognizing that sentences are comprised of words separated by spaces and recognizing word boundaries;(iv) recognizing the difference between a letter and a printed word; and(v) identifying all uppercase and lowercase letters; and(E) develop handwriting by accurately forming all uppercase and lowercase letters using appropriate directionality.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use a resource such as a picture dictionary or digital resource to find words;(B) use illustrations and texts the student is able to read or hear to learn or clarify word meanings; and(C) identify and use words that name actions; directions; positions; sequences; categories such as colors, shapes, and textures; and locations.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and interact independently with text for increasing periods of time.(5) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts with adult assistance;(B) generate questions about text before, during, and after reading to deepen understanding and gain information with adult assistance;(C) make and confirm predictions using text features and structures with adult assistance;(D) create mental images to deepen understanding with adult assistance;(E) make connections to personal experiences, ideas in other texts, and society with adult assistance;(F) make inferences and use evidence to support understanding with adult assistance;(G) evaluate details to determine what is most important with adult assistance;(H) synthesize information to create new understanding with adult assistance; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, checking for visual cues, and asking questions when understanding breaks down with adult assistance. (6) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources; (B) provide an oral, pictorial, or written response to a text;(C) use text evidence to support an appropriate response;(D) retell texts in ways that maintain meaning;(E) interact with sources in meaningful ways such as illustrating or writing; and(F) respond using newly acquired vocabulary as appropriate. (7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) discuss topics and determine the basic theme using text evidence with adult assistance;(B) identify and describe the main character(s);(C) describe the elements of plot development, including the main events, the problem, and the resolution for texts read aloud with adult assistance; and(D) describe the setting.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, fairy tales, and nursery rhymes;(B) discuss rhyme and rhythm in nursery rhymes and a variety of poems;(C) discuss main characters in drama;(D) recognize characteristics and structures of informational text, including:(i) the central idea and supporting evidence with adult assistance;(ii) titles and simple graphics to gain information; and(iii) the steps in a sequence with adult assistance;(E) recognize characteristics of persuasive text with adult assistance and state what the author is trying to persuade the reader to think or do; and(F) recognize characteristics of multimodal and digital texts.(9) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) discuss with adult assistance the author's purpose for writing text;(B) discuss with adult assistance how the use of text structure contributes to the author's purpose;(C) discuss with adult assistance the author's use of print and graphic features to achieve specific purposes;(D) discuss with adult assistance how the author uses words that help the reader visualize; and(E) listen to and experience first- and third-person texts.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan by generating ideas for writing through class discussions and drawings;(B) develop drafts in oral, pictorial, or written form by organizing ideas;(C) revise drafts by adding details in pictures or words;(D) edit drafts with adult assistance using standard English conventions, including:(i) complete sentences;(ii) verbs;(iii) singular and plural nouns;(iv) adjectives, including articles;(v) prepositions;(vi) pronouns, including subjective, objective, and possessive cases;(vii) capitalization of the first letter in a sentence and name;(viii) punctuation marks at the end of declarative sentences; and(ix) correct spelling of words with grade-appropriate orthographic patterns and rules and high-frequency words; and(E) share writing.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) dictate or compose literary texts, including personal narratives; and(B) dictate or compose informational texts.(12) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions for formal and informal inquiry with adult assistance;(B) develop and follow a research plan with adult assistance; (C) gather information from a variety of sources with adult assistance;(D) demonstrate understanding of information gathered with adult assistance; and(E) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.2 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scA/s110.3"><num value="110.3">§110.3</num><heading>English Language Arts and Reading, Grade 1, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and answer questions using multi-word responses;(B) follow, restate, and give oral instructions that involve a short, related sequence of actions;(C) share information and ideas about the topic under discussion, speaking clearly at an appropriate pace and using the conventions of language;(D) work collaboratively with others by following agreed-upon rules for discussion, including listening to others, speaking when recognized, and making appropriate contributions; and(E) develop social communication such as introducing himself/herself and others, relating experiences to a classmate, and expressing needs and feelings.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate phonological awareness by:(i) producing a series of rhyming words;(ii) recognizing spoken alliteration or groups of words that begin with the same spoken onset or initial sound;(iii) distinguishing between long and short vowel sounds in one-syllable words;(iv) recognizing the change in spoken word when a specified phoneme is added, changed, or removed;(v) blending spoken phonemes to form one-syllable words, including initial and/or final consonant blends;(vi) manipulating phonemes within base words; and(vii) segmenting spoken one-syllable words of three to five phonemes into individual phonemes, including words with initial and/or final consonant blends;(B) demonstrate and apply phonetic knowledge by:(i) decoding words in isolation and in context by applying common letter sound correspondences;(ii) decoding words with initial and final consonant blends, digraphs, and trigraphs;(iii) decoding words with closed syllables; open syllables; VCe syllables; vowel teams, including vowel digraphs and diphthongs; and r-controlled syllables;(iv) using knowledge of base words to decode common compound words and contractions;(v) decoding words with inflectional endings, including -ed, -s, and -es; and(vi) identifying and reading at least 100 high-frequency words from a research-based list;(C) demonstrate and apply spelling knowledge by:(i) spelling words with closed syllables, open syllables, VCe syllables, vowel teams, and r-controlled syllables;(ii) spelling words with initial and final consonant blends, digraphs, and trigraphs;(iii) spelling words using sound-spelling patterns; and(iv) spelling high-frequency words from a research-based list;(D) demonstrate print awareness by identifying the information that different parts of a book provide;(E) alphabetize a series of words to the first or second letter and use a dictionary to find words; and(F) develop handwriting by printing words, sentences, and answers legibly leaving appropriate spaces between words.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use a resource such as a picture dictionary or digital resource to find words;(B) use illustrations and texts the student is able to read or hear to learn or clarify word meanings;(C) identify the meaning of words with the affixes -s, -ed, and -ing; and(D) identify and use words that name actions, directions, positions, sequences, categories, and locations.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and interact independently with text for increasing periods of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts with adult assistance;(B) generate questions about text before, during, and after reading to deepen understanding and gain information with adult assistance;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures with adult assistance; (D) create mental images to deepen understanding with adult assistance;(E) make connections to personal experiences, ideas in other texts, and society with adult assistance;(F) make inferences and use evidence to support understanding with adult assistance;(G) evaluate details to determine what is most important with adult assistance;(H) synthesize information to create new understanding with adult assistance; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, checking for visual cues, and asking questions when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources; (B) write brief comments on literary or informational texts;(C) use text evidence to support an appropriate response;(D) retell texts in ways that maintain meaning;(E) interact with sources in meaningful ways such as illustrating or writing; and(F) respond using newly acquired vocabulary as appropriate. (8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) discuss topics and determine theme using text evidence with adult assistance;(B) describe the main character(s) and the reason(s) for their actions;(C) describe plot elements, including the main events, the problem, and the resolution, for texts read aloud and independently; and(D) describe the setting.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, fairy tales, and nursery rhymes;(B) discuss rhyme, rhythm, repetition, and alliteration in a variety of poems;(C) discuss elements of drama such as characters and setting;(D) recognize characteristics and structures of informational text, including:(i) the central idea and supporting evidence with adult assistance;(ii) features and simple graphics to locate or gain information; and(iii) organizational patterns such as chronological order and description with adult assistance;(E) recognize characteristics of persuasive text with adult assistance and state what the author is trying to persuade the reader to think or do; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) discuss the author's purpose for writing text;(B) discuss how the use of text structure contributes to the author's purpose;(C) discuss with adult assistance the author's use of print and graphic features to achieve specific purposes;(D) discuss how the author uses words that help the reader visualize; and(E) listen to and experience first- and third-person texts.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by generating ideas for writing such as by drawing and brainstorming;(B) develop drafts in oral, pictorial, or written form by:(i) organizing with structure; and(ii) developing an idea with specific and relevant details;(C) revise drafts by adding details in pictures or words;(D) edit drafts using standard English conventions, including:(i) complete sentences with subject-verb agreement;(ii) past and present verb tense;(iii) singular, plural, common, and proper nouns;(iv) adjectives, including articles;(v) adverbs that convey time;(vi) prepositions;(vii) pronouns, including subjective, objective, and possessive cases;(viii) capitalization for the beginning of sentences and the pronoun "I";(ix) punctuation marks at the end of declarative, exclamatory, and interrogative sentences; and(x) correct spelling of words with grade-appropriate orthographic patterns and rules and high-frequency words with adult assistance; and(E) publish and share writing.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) dictate or compose literary texts, including personal narratives and poetry;(B) dictate or compose informational texts, including procedural texts; and(C) dictate or compose correspondence such as thank you notes or letters.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions for formal and informal inquiry with adult assistance;(B) develop and follow a research plan with adult assistance; (C) identify and gather relevant sources and information to answer the questions with adult assistance;(D) demonstrate understanding of information gathered with adult assistance; and(E) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.3 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scA/s110.4"><num value="110.4">§110.4</num><heading>English Language Arts and Reading, Grade 2, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and answer questions using multi-word responses;(B) follow, restate, and give oral instructions that involve a short, related sequence of actions;(C) share information and ideas that focus on the topic under discussion, speaking clearly at an appropriate pace and using the conventions of language;(D) work collaboratively with others by following agreed-upon rules for discussion, including listening to others, speaking when recognized, making appropriate contributions, and building on the ideas of others; and(E) develop social communication such as distinguishing between asking and telling.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate phonological awareness by:(i) producing a series of rhyming words;(ii) distinguishing between long and short vowel sounds in one-syllable and multi-syllable words;(iii) recognizing the change in spoken word when a specified phoneme is added, changed, or removed; and(iv) manipulating phonemes within base words;(B) demonstrate and apply phonetic knowledge by:(i) decoding words with short, long, or variant vowels, trigraphs, and blends;(ii) decoding words with silent letters such as knife and gnat;(iii) decoding multisyllabic words with closed syllables; open syllables; VCe syllables; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(iv) decoding compound words, contractions, and common abbreviations;(v) decoding words using knowledge of syllable division patterns such as VCCV, VCV, and VCCCV;(vi) decoding words with prefixes, including un-, re-, and dis-, and inflectional endings, including -s, -es, -ed, -ing, -er, and -est; and(vii) identifying and reading high-frequency words from a research-based list;(C) demonstrate and apply spelling knowledge by:(i) spelling one-syllable and multisyllabic words with closed syllables; open syllables; VCe syllables; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(ii) spelling words with silent letters such as knife and gnat;(iii) spelling compound words, contractions, and common abbreviations;(iv) spelling multisyllabic words with multiple sound-spelling patterns;(v) spelling words using knowledge of syllable division patterns, including words with double consonants in the middle of the word; and(vi) spelling words with prefixes, including un-, re-, and dis-, and inflectional endings, including -s, -es, -ed, -ing, -er, and -est;(D) alphabetize a series of words and use a dictionary or glossary to find words; and(E) develop handwriting by accurately forming all cursive letters using appropriate strokes when connecting letters.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning and pronunciation of unknown words;(B) use context within and beyond a sentence to determine the meaning of unfamiliar words;(C) identify the meaning of and use words with affixes un-, re-, -ly, -er, and -est (comparative and superlative), and -ion/tion/sion; and(D) identify, use, and explain the meaning of antonyms, synonyms, idioms, and homographs in context.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, checking for visual cues, and asking questions when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources; (B) write brief comments on literary or informational texts that demonstrate an understanding of the text;(C) use text evidence to support an appropriate response;(D) retell and paraphrase texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as illustrating or writing; and(F) respond using newly acquired vocabulary as appropriate. (8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) discuss topics and determine theme using text evidence with adult assistance;(B) describe the main character's (characters') internal and external traits;(C) describe and understand plot elements, including the main events, the conflict, and the resolution, for texts read aloud and independently; and(D) describe the importance of the setting.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, and fairy tales;(B) explain visual patterns and structures in a variety of poems;(C) discuss elements of drama such as characters, dialogue, and setting;(D) recognize characteristics and structures of informational text, including:(i) the central idea and supporting evidence with adult assistance;(ii) features and graphics to locate and gain information; and(iii) organizational patterns such as chronological order and cause and effect stated explicitly;(E) recognize characteristics of persuasive text, including: (i) stating what the author is trying to persuade the reader to think or do; and(ii) distinguishing facts from opinion; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) discuss the author's purpose for writing text;(B) discuss how the use of text structure contributes to the author's purpose;(C) discuss the author's use of print and graphic features to achieve specific purposes;(D) discuss the use of descriptive, literal, and figurative language;(E) identify the use of first or third person in a text; and(F) identify and explain the use of repetition.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by generating ideas for writing such as drawing and brainstorming;(B) develop drafts into a focused piece of writing by:(i) organizing with structure; and(ii) developing an idea with specific and relevant details;(C) revise drafts by adding, deleting, or rearranging words, phrases, or sentences;(D) edit drafts using standard English conventions, including:(i) complete sentences with subject-verb agreement;(ii) past, present, and future verb tense;(iii) singular, plural, common, and proper nouns;(iv) adjectives, including articles;(v) adverbs that convey time and adverbs that convey place;(vi) prepositions and prepositional phrases;(vii) pronouns, including subjective, objective, and possessive cases;(viii) coordinating conjunctions to form compound subjects and predicates;(ix) capitalization of months, days of the week, and the salutation and conclusion of a letter;(x) end punctuation, apostrophes in contractions, and commas with items in a series and in dates;and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules and high-frequency words; and(E) publish and share writing.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts, including personal narratives and poetry;(B) compose informational texts, including procedural texts and reports; and(C) compose correspondence such as thank you notes or letters.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions for formal and informal inquiry with adult assistance;(B) develop and follow a research plan with adult assistance; (C) identify and gather relevant sources and information to answer the questions;(D) identify primary and secondary sources;(E) demonstrate understanding of information gathered;(F) cite sources appropriately; and(G) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.4 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scA/s110.5"><num value="110.5">§110.5</num><heading>English Language Arts and Reading, Grade 3, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and make pertinent comments;(B) follow, restate, and give oral instructions that involve a series of related sequences of action;(C) speak coherently about the topic under discussion, employing eye contact, speaking rate, volume, enunciation, and the conventions of language to communicate ideas effectively;(D) work collaboratively with others by following agreed-upon rules, norms, and protocols; and(E) develop social communication such as conversing politely in all situations.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) decoding multisyllabic words with multiple sound-spelling patterns such as eigh, ough, and en;(ii) decoding multisyllabic words with closed syllables; open syllables; VCe syllables; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(iii) decoding compound words, contractions, and abbreviations; (iv) decoding words using knowledge of syllable division patterns such as VCCV, VCV, and VCCCV with accent shifts;(v) decoding words using knowledge of prefixes;(vi) decoding words using knowledge of suffixes, including how they can change base words such as dropping e, changing y to i, and doubling final consonants; and(vii) identifying and reading high-frequency words from a research-based list;(B) demonstrate and apply spelling knowledge by:(i) spelling multisyllabic words with closed syllables; open syllables; VCe syllables; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(ii) spelling homophones;(iii) spelling compound words, contractions, and abbreviations; (iv) spelling multisyllabic words with multiple sound-spelling patterns;(v) spelling words using knowledge of syllable division patterns such as VCCV, VCV, and VCCCV;(vi) spelling words using knowledge of prefixes; and(vii) spelling words using knowledge of suffixes, including how they can change base words such as dropping e, changing y to i, and doubling final consonants;(C) alphabetize a series of words to the third letter; and(D) write complete words, thoughts, and answers legibly in cursive leaving appropriate spaces between words.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning, syllabication, and pronunciation;(B) use context within and beyond a sentence to determine the meaning of unfamiliar words and multiple-meaning words;(C) identify the meaning of and use words with affixes such as im- (into), non-, dis-, in- (not, non), pre-, -ness, -y, and -ful; and(D) identify, use, and explain the meaning of antonyms, synonyms, idioms, homophones, and homographs in a text.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write a response to a literary or informational text that demonstrates an understanding of a text;(C) use text evidence to support an appropriate response;(D) retell and paraphrase texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; and(G) discuss specific ideas in the text that are important to the meaning.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer the theme of a work, distinguishing theme from topic;(B) explain the relationships among the major and minor characters;(C) analyze plot elements, including the sequence of events, the conflict, and the resolution; and(D) explain the influence of the setting on the plot.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, fairy tales, legends, and myths;(B) explain rhyme scheme, sound devices, and structural elements such as stanzas in a variety of poems;(C) discuss elements of drama such as characters, dialogue, setting, and acts;(D) recognize characteristics and structures of informational text, including:(i) the central idea with supporting evidence;(ii) features such as sections, tables, graphs, timelines, bullets, numbers, and bold and italicized font to support understanding; and(iii) organizational patterns such as cause and effect and problem and solution;(E) recognize characteristics and structures of argumentative text by:(i) identifying the claim;(ii) distinguishing facts from opinion; and(iii) identifying the intended audience or reader; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) explain how the use of text structure contributes to the author's purpose;(C) explain the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of imagery, literal and figurative language such as simile, and sound devices such as onomatopoeia achieves specific purposes;(E) identify the use of literary devices, including first- or third-person point of view;(F) discuss how the author's use of language contributes to voice; and(G) identify and explain the use of hyperbole.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre for a particular topic, purpose, and audience using a range of strategies such as brainstorming, freewriting, and mapping;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction and a conclusion; and(ii) developing an engaging idea with relevant details;(C) revise drafts to improve sentence structure and word choice by adding, deleting, combining, and rearranging ideas for coherence and clarity;(D) edit drafts using standard English conventions, including:(i) complete simple and compound sentences with subject-verb agreement;(ii) past, present, and future verb tense;(iii) singular, plural, common, and proper nouns;(iv) adjectives, including their comparative and superlative forms;(v) adverbs that convey time and adverbs that convey manner;(vi) prepositions and prepositional phrases;(vii) pronouns, including subjective, objective, and possessive cases;(viii) coordinating conjunctions to form compound subjects, predicates, and sentences;(ix) capitalization of official titles of people, holidays, and geographical names and places;(x) punctuation marks, including apostrophes in contractions and possessives and commas in compound sentences and items in a series; and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules and high-frequency words; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts, including personal narratives and poetry, using genre characteristics and craft;(B) compose informational texts, including brief compositions that convey information about a topic, using a clear central idea andgenre characteristics and craft;(C) compose argumentative texts, including opinion essays, using genre characteristics and craft; and(D) compose correspondence such as thank you notes or letters.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions on a topic for formal and informal inquiry;(B) develop and follow a research plan with adult assistance; (C) identify and gather relevant information from a variety of sources;(D) identify primary and secondary sources;(E) demonstrate understanding of information gathered;(F) recognize the difference between paraphrasing and plagiarism when using source materials;(G) create a works cited page; and(H) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.5 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scA/s110.6"><num value="110.6">§110.6</num><heading>English Language Arts and Reading, Grade 4, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose andcraft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and make pertinent comments;(B) follow, restate, and give oral instructions that involve a series of related sequences of action;(C) express an opinion supported by accurate information, employing eye contact, speaking rate, volume, enunciation, and the conventions of language to communicate ideas effectively; and(D) work collaboratively with others to develop a plan of shared responsibilities.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) decoding words with specific orthographic patterns and rules, including regular and irregular plurals;(ii) decoding multisyllabic words with closed syllables; open syllables; VCe syllables; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(iii) decoding words using advanced knowledge of syllable division patterns such as VV;(iv) decoding words using knowledge of prefixes;(v) decoding words using knowledge of suffixes, including how they can change base words such as dropping e, changing y to i, and doubling final consonants; and(vi) identifying and reading high-frequency words from a research-based list;(B) demonstrate and apply spelling knowledge by:(i) spelling multisyllabic words with closed syllables; open syllables; VCe syllables; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(ii) spelling homophones;(iii) spelling multisyllabic words with multiple sound-spelling patterns;(iv) spelling words using advanced knowledge of syllable division patterns;(v) spelling words using knowledge of prefixes; and(vi) spelling words using knowledge of suffixes, including how they can change base words such as dropping e, changing y to i, and doubling final consonants; and(C) write legibly in cursive to complete assignments.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning, syllabication, and pronunciation;(B) use context within and beyond a sentence to determine the relevant meaning of unfamiliar words or multiple-meaning words;(C) determine the meaning of and use words with affixes such as mis-, sub-, -ment, and -ity/ty and roots such as auto, graph, and meter; and(D) identify, use, and explain the meaning of homophones such as reign/rain.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing and contrastingideas across a variety of sources;(C) use text evidence to support an appropriate response;(D) retell, paraphrase, or summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; and(G) discuss specific ideas in the text that are important to the meaning.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer basic themes supported by text evidence;(B) explain the interactions of the characters and the changes they undergo;(C) analyze plot elements, including the rising action, climax, falling action, and resolution; and(D) explain the influence of the setting, including historical and cultural settings, on the plot.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, legends, myths, and tall tales;(B) explain figurative language such as simile, metaphor, and personification that the poet uses to create images;(C) explain structure in drama such as character tags, acts, scenes, and stage directions;(D) recognize characteristics and structures of informational text, including:(i) the central idea with supporting evidence;(ii) features such as pronunciation guides and diagrams to support understanding; and(iii) organizational patterns such as compare and contrast; (E) recognize characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author has used facts for an argument; and(iii) identifying the intended audience or reader; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) explain how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of imagery, literal and figurative language such as simile and metaphor, and sound devices such as alliteration and assonance achieves specific purposes;(E) identify and understand the use of literary devices, including first- or third-person point of view;(F) discuss how the author's use of language contributes to voice; and(G) identify and explain the use of anecdote.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre for a particular topic, purpose, and audience using a range of strategies such as brainstorming, freewriting, and mapping;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, and a conclusion; and(ii) developing an engaging idea with relevant details;(C) revise drafts to improve sentence structure and word choice by adding, deleting, combining, and rearranging ideas for coherence and clarity;(D) edit drafts using standard English conventions, including:(i) complete simple and compound sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments; (ii) past tense of irregular verbs;(iii) singular, plural, common, and proper nouns;(iv) adjectives, including their comparative and superlative forms;(v) adverbs that convey frequency and adverbs that convey degree;(vi) prepositions and prepositional phrases;(vii) pronouns, including reflexive;(viii) coordinating conjunctions to form compound subjects, predicates, and sentences;(ix) capitalization of historical periods, events, and documents; titles of books; stories and essays; and languages, races, and nationalities;(x) punctuation marks, including apostrophes in possessives, commas in compound sentences, and quotation marks in dialogue; and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules and high-frequency words; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives and poetry using genre characteristics and craft;(B) compose informational texts, including brief compositions that convey information about a topic, using a clear central idea and genre characteristics and craft;(C) compose argumentative texts, including opinion essays, using genre characteristics and craft; and(D) compose correspondence that requests information.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate and clarify questions on a topic for formal and informal inquiry;(B) develop and follow a research plan with adult assistance; (C) identify and gather relevant information from a variety of sources;(D) identify primary and secondary sources;(E) demonstrate understanding of information gathered;(F) recognize the difference between paraphrasing and plagiarism when using source materials;(G) develop a bibliography; and(H) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.6 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scA/s110.7"><num value="110.7">§110.7</num><heading>English Language Arts and Reading, Grade 5, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively to interpret verbal and non-verbal messages, ask relevant questions, and make pertinent comments;(B) follow, restate, and give oral instructions that include multiple action steps;(C) give an organized presentation employing eye contact, speaking rate, volume, enunciation, natural gestures, and conventions of language to communicate ideas effectively; and(D) work collaboratively with others to develop a plan of shared responsibilities.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) decoding words with consonant changes, including/t/ to/sh/ such as in select and selection and/k/ to/sh/ such as music and musician;(ii) decoding multisyllabic words with closed syllables; open syllables; VCe syllable; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(iii) decoding words using advanced knowledge of syllable division patterns;(iv) decoding words using advanced knowledge of the influence of prefixes and suffixes on base words; and(v) identifying and reading high-frequency words from a research-based list;(B) demonstrate and apply spelling knowledge by:(i) spelling multisyllabic words with closed syllables; open syllables; VCe syllables; vowel teams, including digraphs and diphthongs; r-controlled syllables; and final stable syllables;(ii) spelling words with consonant changes, including/t/ to/sh/ such as in select and selection and/k/ to/sh/ such as music and musician;(iii) spelling multisyllabic words with multiple sound-spelling patterns;(iv) spelling words using advanced knowledge of syllable division patterns;(v) spelling words using knowledge of prefixes; and(vi) spelling words using knowledge of suffixes, including how they can change base words such as dropping e, changing y to i, and doubling final consonants; and(C) write legibly in cursive.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning, syllabication, pronunciation, and word origin;(B) use context within and beyond a sentence to determine the relevant meaning of unfamiliar words or multiple-meaning words;(C) identify the meaning of and use words with affixes such as trans-, super-, -ive, and -logy and roots such as geo and photo; and(D) identify, use, and explain the meaning of adages and puns.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing and contrastingideas across a variety of sources;(C) use text evidence to support an appropriate response;(D) retell, paraphrase, or summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; and(G) discuss specific ideas in the text that are important to the meaning.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer multiple themes within a text using text evidence;(B) analyze the relationships of and conflicts among the characters;(C) analyze plot elements, including rising action, climax, falling action, and resolution; and(D) analyze the influence of the setting, including historical and cultural settings, on the plot.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, legends, myths, and tall tales;(B) explain the use of sound devices and figurative language and distinguish between the poet and the speaker in poems across a variety of poetic forms;(C) explain structure in drama such as character tags, acts, scenes, and stage directions;(D) recognize characteristics and structures of informational text, including:(i) the central idea with supporting evidence;(ii) features such as insets, timelines, and sidebars to support understanding; and(iii) organizational patterns such as logical order and order of importance;(E) recognize characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author has used facts for or against an argument; and(iii) identifying the intended audience or reader; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of imagery, literal and figurative language such as simile and metaphor, and sound devices achieves specific purposes;(E) identify and understand the use of literary devices, including first- or third-person point of view;(F) examine how the author's use of language contributes to voice; and(G) explain the purpose of hyperbole, stereotyping, and anecdote .(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre for a particular topic, purpose, and audience using a range of strategies such as brainstorming, freewriting, and mapping;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts and details;(C) revise drafts to improve sentence structure and word choice by adding, deleting, combining, and rearranging ideas for coherence and clarity;(D) edit drafts using standard English conventions, including:(i) complete simple and compound sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments;(ii) past tense of irregular verbs;(iii) collective nouns;(iv) adjectives, including their comparative and superlative forms;(v) conjunctive adverbs;(vi) prepositions and prepositional phrases and their influence on subject-verb agreement;(vii) pronouns, including indefinite;(viii) subordinating conjunctions to form complex sentences; (ix) capitalization of abbreviations, initials, acronyms, and organizations;(x) italics and underlining for titles and emphasis and punctuation marks, including quotation marks in dialogue and commas in compound and complex sentences; and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules and high-frequency words; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including brief compositions that convey information about a topic, using a clear central idea and genre characteristics and craft;(C) compose argumentative texts, including opinion essays, using genre characteristics and craft; and(D) compose correspondence that requests information.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate and clarify questions on a topic for formal and informal inquiry;(B) develop and follow a research plan with adult assistance; (C) identify and gather relevant information from a variety of sources;(D) understand credibility of primary and secondary sources;(E) demonstrate understanding of information gathered;(F) differentiate between paraphrasing and plagiarism when using source materials;(G) develop a bibliography; and(H) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.7 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c110/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c110/scB/s110.21"><num value="110.21">§110.21</num><heading>Implementation of Texas Essential Knowledge and Skills for English Language Arts and Reading, Middle School, Adopted 2017</heading><content>(a) The provisions of this section and §§110.22-110.24 of this title shall be implemented by school districts.(b) No later than August 31, 2018, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for English language arts and reading as adopted in §§110.22-110.24 of this title.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§110.22-110.24 of this title shall be implemented beginning with the 2019-2020 school year and apply to the 2019-2020 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§110.22-110.24 of this title shall be implemented for the following school year.</content><note type="source"><p>Source Note: The provisions of this §110.21 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scB/s110.22"><num value="110.22">§110.22</num><heading>English Language Arts and Reading, Grade 6, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively to interpret a message, ask clarifying questions, and respond appropriately;(B) follow and give oral instructions that include multiple action steps;(C) give an organized presentation with a specific stance and position, employing eye contact, speaking rate, volume, enunciation, natural gestures, and conventions of language to communicate ideas effectively; and(D) participate in student-led discussions by eliciting and considering suggestions from other group members, taking notes, and identifying points of agreement and disagreement.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine the meaning, syllabication, pronunciation, word origin, and part of speech;(B) use context such as definition, analogy, and examples to clarify the meaning of words; and(C) determine the meaning and usage of grade-level academic English words derived from Greek and Latin roots such as mis/mit, bene, man, vac, scrib/script, and jur/jus.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to adjust fluency when reading grade-level text based on the reading purpose.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(5) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected text;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(6) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing sources within and across genres;(C) use text evidence to support an appropriate response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; (G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice; and(I) reflect on and adjust responses as new evidence is presented.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer multiple themes within and across texts using text evidence;(B) analyze how the characters' internal and external responses develop the plot;(C) analyze plot elements, including rising action, climax, falling action, resolution, and non-linear elements such as flashback; and(D) analyze how the setting, including historical and cultural settings, influences character and plot development. (8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of literary genres such as realistic fiction, adventure stories, historical fiction, mysteries, humor, and myths;(B) analyze the effect of meter and structural elements such as line breaks in poems across a variety of poetic forms;(C) analyze how playwrights develop characters through dialogue and staging;(D) analyze characteristics and structural elements of informational text, including:(i) the controlling idea or thesis with supporting evidence; (ii) features such as introduction, foreword, preface, references, or acknowledgements to gain background information; and(iii) organizational patterns such as definition, classification, advantage, and disadvantage;(E) analyze characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author uses various types of evidence to support the argument; and(iii) identifying the intended audience or reader; and(F) analyze characteristics of multimodal and digital texts.(9) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of figurative language such as metaphor and personification achieves specific purposes;(E) identify the use of literary devices, including omniscient and limited point of view, to achieve a specific purpose;(F) analyze how the author's use of language contributes to mood and voice; and(G) explain the differences between rhetorical devices and logical fallacies.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre appropriate for a particular topic, purpose, and audience using a range of strategies such as discussion, background reading, and personal interests;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, coherence within and across paragraphs, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts and details;(C) revise drafts for clarity, development, organization, style, word choice, and sentence variety;(D) edit drafts using standard English conventions, including:(i) complete complex sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tenses;(iii) conjunctive adverbs;(iv) prepositions and prepositional phrases and their influence on subject-verb agreement;(v) pronouns, including relative;(vi) subordinating conjunctions to form complex sentences and correlative conjunctions such as either/or and neither/nor ;(vii) capitalization of proper nouns, including abbreviations, initials, acronyms, and organizations;(viii) punctuation marks, including commas in complex sentences, transitions, and introductory elements ; and(ix) correct spelling, including commonly confused terms such as its/it's, affect/effect, there/their/they're, and to/two/too; and(E) publish written work for appropriate audiences.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including multi-paragraph essays that convey information about a topic, using a clear controlling idea or thesis statement and genre characteristics and craft;(C) compose multi-paragraph argumentative texts using genre characteristics and craft ; and(D) compose correspondence that reflects an opinion, registers a complaint, or requests information in a business or friendly structure.(12) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate student-selected and teacher-guided questions for formal and informal inquiry;(B) develop and revise a plan;(C) refine the major research question, if necessary, guided by the answers to a secondary set of questions;(D) identify and gather relevant information from a variety of sources;(E) differentiate between primary and secondary sources;(F) synthesize information from a variety of sources;(G) differentiate between paraphrasing and plagiarism when using source materials;(H) examine sources for:(i) reliability, credibility, and bias; and(ii) faulty reasoning such as hyperbole, emotional appeals, and stereotype;(I) display academic citations and use source materials ethically; and(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.22 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scB/s110.23"><num value="110.23">§110.23</num><heading>English Language Arts and Reading, Grade 7, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively to interpret a message and ask clarifying questions that build on others' ideas;(B) follow and give complex oral instructions to perform specific tasks, answer questions, or solve problems;(C) present a critique of a literary work, film, or dramatic production, employing eye contact, speaking rate, volume, enunciation, a variety of natural gestures, and conventions of language to communicate ideas effectively; and(D) engage in meaningful discourse and provide and accept constructive feedback from others.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine the meaning, syllabication, pronunciation, word origin, and part of speech;(B) use context such as contrast or cause and effect to clarify the meaning of words; and(C) determine the meaning and usage of grade-level academic English words derived from Greek and Latin roots such as omni, log/logue, gen, vid/vis, phil, luc, and sens/sent.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to adjust fluency when reading grade-level text based on the reading purpose.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(5) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(6) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing sources within and across genres;(C) use text evidence to support an appropriate response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; (G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice; and(I) reflect on and adjust responses as new evidence is presented.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer multiple themes within and across texts using text evidence;(B) analyze how characters' qualities influence events and resolution of the conflict;(C) analyze plot elements, including the use of foreshadowing and suspense, to advance the plot; and(D) analyze how the setting influences character and plot development.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of literary genres such as realistic fiction, adventure stories, historical fiction, mysteries, humor, myths, fantasy, and science fiction;(B) analyze the effect of rhyme scheme, meter, and graphical elements such as punctuation and capitalization in poems across a variety of poetic forms;(C) analyze how playwrights develop characters through dialogue and staging;(D) analyze characteristics and structural elements of informational text, including:(i) the controlling idea or thesis with supporting evidence; (ii) features such as references or acknowledgements; and(iii) organizational patterns that support multiple topics, categories, and subcategories;(E) analyze characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author uses various types of evidence and consideration of alternatives to support the argument; and(iii) identifying the intended audience or reader; and(F) analyze characteristics of multimodal and digital texts.(9) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of figurative language such as metaphor and personification achieves specific purposes;(E) identify the use of literary devices, including subjective and objective point of view;(F) analyze how the author's use of language contributes to mood, voice, and tone; and(G) explain the purpose of rhetorical devices such as direct address and rhetorical questions and logical fallacies such as loaded language and sweeping generalizations.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre appropriate for a particular topic, purpose, and audience using a range of strategies such as discussion, background reading, and personal interests;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, coherence within and across paragraphs, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts, details, and examples;(C) revise drafts for clarity, development, organization, style, word choice, and sentence variety;(D) edit drafts using standard English conventions, including:(i) complete complex sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments ;(ii) consistent, appropriate use of verb tenses;(iii) conjunctive adverbs;(iv) prepositions and prepositional phrases and their influence on subject-verb agreement;(v) pronoun-antecedent agreement; (vi) subordinating conjunctions to form complex sentences and correlative conjunctions such as either/or and neither/nor ;(vii) correct capitalization;(viii) punctuation, including commas to set off words, phrases, and clauses, and semicolons; and (ix) correct spelling, including commonly confused terms such as its/it's, affect/effect, there/their/they're, and to/two/too; and (E) publish written work for appropriate audiences.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including multi-paragraph essays that convey information about a topic, using a clear controlling idea or thesis statement and genre characteristics and craft;(C) compose multi-paragraph argumentative texts using genre characteristics and craft; and(D) compose correspondence that reflects an opinion, registers a complaint, or requests information in a business or friendly structure.(12) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate student-selected and teacher-guided questions for formal and informal inquiry;(B) develop and revise a plan;(C) refine the major research question, if necessary, guided by the answers to a secondary set of questions;(D) identify and gather relevant information from a variety of sources;(E) differentiate between primary and secondary sources;(F) synthesize information from a variety of sources;(G) differentiate between paraphrasing and plagiarism when using source materials;(H) examine sources for:(i) reliability, credibility, and bias; and(ii) faulty reasoning such as hyperbole, emotional appeals, and stereotype;(I) display academic citations and use source materials ethically; and(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.23 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scB/s110.24"><num value="110.24">§110.24</num><heading>English Language Arts and Reading, Grade 8, Adopted 2017</heading><content>(a) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively to interpret a message by summarizing, asking questions, and making comments;(B) follow and give complex oral instructions to perform specific tasks, answer questions, or solve problems;(C) advocate a position using anecdotes, analogies, and/or illustrations employing eye contact, speaking rate, volume, enunciation, a variety of natural gestures, and conventions of language to communicate ideas effectively; and(D) participate collaboratively in discussions, plan agendas with clear goals and deadlines, set time limits for speakers, take notes, and vote on key issues.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine the meaning, syllabication, pronunciation, word origin, and part of speech;(B) use context within or beyond a paragraph to clarify the meaning of unfamiliar or ambiguous words; and(C) determine the meaning and usage of grade-level academic English words derived from Greek and Latin roots such as ast, qui, path, mand/mend, and duc.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to adjust fluency when reading grade-level text based on the reading purpose.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(5) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(6) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing sources within and across genres;(C) use text evidence to support an appropriate response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; (G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;(I) reflect on and adjust responses as new evidence is presented; and(J) defend or challenge the authors' claims using relevant text evidence.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) analyze how themes are developed through the interaction of characters and events;(B) analyze how characters' motivations and behaviors influence events and resolution of the conflict;(C) analyze non-linear plot development such as flashbacks, foreshadowing, subplots, and parallel plot structures and compare it to linear plot development; and(D) explain how the setting influences the values and beliefs of characters.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of literary genres such as realistic fiction, adventure stories, historical fiction, mysteries, humor, fantasy, science fiction, and short stories;(B) analyze the effect of graphical elements such as punctuation and line length in poems across a variety of poetic forms such as epic, lyric, and humorous poetry;(C) analyze how playwrights develop dramatic action through the use of acts and scenes;(D) analyze characteristics and structural elements of informational text, including:(i) the controlling idea or thesis with supporting evidence; (ii) features such as footnotes, endnotes, and citations; and(iii) multiple organizational patterns within a text to develop the thesis;(E) analyze characteristics and structures of argumentative text by:(i) identifying the claim and analyzing the argument;(ii) identifying and explaining the counter argument; and(iii) identifying the intended audience or reader; and(F) analyze characteristics of multimodal and digital texts.(9) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of figurative language such as extended metaphor achieves specific purposes;(E) identify and analyze the use of literary devices, including multiple points of view and irony;(F) analyze how the author's use of language contributes to the mood, voice, and tone; and(G) explain the purpose of rhetorical devices such as analogy and juxtaposition and of logical fallacies such as bandwagon appeals and circular reasoning.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre appropriate for a particular topic, purpose, and audience using a range of strategies such as discussion, background reading, and personal interests;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, coherence within and across paragraphs, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts, details, and examples;(C) revise drafts for clarity, development, organization, style, word choice, and sentence variety;(D) edit drafts using standard English conventions, including:(i) complete complex sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments ;(ii) consistent, appropriate use of verb tenses and active and passive voice;(iii) prepositions and prepositional phrases and their influence on subject-verb agreement;(iv) pronoun-antecedent agreement; (v) correct capitalization;(vi) punctuation, including commas in nonrestrictive phrases and clauses, semicolons, colons, and parentheses; and(vii) correct spelling, including commonly confused terms such as its/it's, affect/effect, there/their/they're, and to/two/too; and(E) publish written work for appropriate audiences.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including multi-paragraph essays that convey information about a topic, using a clear controlling idea or thesis statement and genre characteristics and craft;(C) compose multi-paragraph argumentative texts using genre characteristics and craft; and(D) compose correspondence that reflects an opinion, registers a complaint, or requests information in a business or friendly structure.(12) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate student-selected and teacher-guided questions for formal and informal inquiry;(B) develop and revise a plan;(C) refine the major research question, if necessary, guided by the answers to a secondary set of questions;(D) identify and gather relevant information from a variety of sources;(E) differentiate between primary and secondary sources;(F) synthesize information from a variety of sources;(G) differentiate between paraphrasing and plagiarism when using source materials;(H) examine sources for:(i) reliability, credibility, and bias, including omission; and(ii) faulty reasoning such as bandwagon appeals, repetition, and loaded language;(I) display academic citations and use source materials ethically; and(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.24 adopted to be effective September 25, 2017, 42 TexReg 4999; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scB/s110.25"><num value="110.25">§110.25</num><heading>English Language Arts and Reading, Reading (Elective Credit)</heading><content>(a) Introduction.(1) Reading offers students an opportunity to read with competence, confidence, and understanding through instruction in comprehension strategies, word recognition, and vocabulary. Middle school students read, write, listen, speak, and view to learn more about the world around them and to create, clarify, critique, and appreciate ideas and responses. Middle school students complete research projects or locate answers to questions using multiple texts and resources. In addition, middle school students continue to read on their own or listen to texts read aloud for the purpose of enjoyment. Middle school students read both printed texts and electronic media independently, bringing with them various strategies to aid in comprehension. Significant blocks of time are provided for reading both independent and instructional-level material for varied purposes such as collecting information, learning about and appreciating the writer's craft, and discovering models for their own writing. Middle school students respond to texts through various avenues such as talk, print and electronic formats, connecting their knowledge of the world with the text being read. For middle school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(2) The essential knowledge and skills as well as the student expectations for Reading, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student uses a variety of word recognition strategies. The student is expected to:(A) apply knowledge of letter-sound correspondences, language structure, and context to recognize words; and(B) use dictionaries, glossaries, and other sources to confirm pronunciations and meanings of unfamiliar words.(2) The student acquires vocabulary through reading and systematic word study. The student is expected to:(A) expand vocabulary by reading, viewing, listening, and discussing;(B) determine word meaning by using context;(C) use spelling, prefixes and suffixes, roots, and word origins to understand meanings;(D) use reference aids such as a glossary, dictionary, thesaurus, and available technology to determine meanings and pronunciations; and(E) identify analogies, homonyms, synonyms/antonyms, and connotation/denotation.(3) The student reads with fluency and understanding in increasingly demanding texts. The student is expected to:(A) read silently for a variety of purposes with comprehension for sustained periods of time;(B) adjust reading rate based on purposes for reading; and(C) read orally at a rate that enables comprehension.(4) The student comprehends selections using a variety of strategies. The student is expected to:(A) use prior knowledge and experience to comprehend;(B) determine purpose for reading;(C) self-monitor reading and adjust when confusion occurs by rereading, using resources, and questioning;(D) summarize texts by identifying main ideas and relevant details;(E) make inferences such as drawing conclusions and making generalizations or predictions, supporting them with prior experiences and textual evidence;(F) analyze and use both narrative and expository text structures: sequence, description, problem/solution, compare/contrast, and cause/effect;(G) make connections and find patterns, similarities, and differences across texts;(H) construct visual images based on text descriptions;(I) determine important ideas from texts and oral presentations;(J) manage text by using practices such as previewing, highlighting, making marginal notes, notetaking, outlining, and journaling; and(K) use questioning to enhance comprehension before, during, and after reading.(5) The student reads texts to find information on self-selected and assigned topics. The student is expected to:(A) generate relevant, interesting, and researchable questions;(B) locate appropriate print and non-print information using text and technical resources;(C) organize and record new information in systematic ways to develop notes, charts, and graphic organizers;(D) communicate information gained from reading;(E) use compiled information and knowledge to raise additional unanswered questions; and(F) use text organizers such as overviews, headings, and graphic features to locate and categorize information.(6) The student reads for different purposes in varied sources, both narrative and expository. The student is expected to:(A) read to enjoy, to complete a task, to gather information, to be informed, to solve problems, to answer questions, to analyze, to interpret, and to evaluate;(B) read sources such as literature, diaries, journals, textbooks, maps, newspapers, letters, speeches, memoranda, electronic texts, and technical documents; and(C) understand and interpret visual representations.(7) The student formulates and supports responses to various types of texts. The student is expected to:(A) respond actively to texts in both aesthetic and critical ways;(B) respond to text through discussion, journal writing, performance, and visual representation; and(C) support responses by using prior knowledge and experience and/or citing textual evidence which may consist of a direct quotation, paraphrase, or specific synopsis.(8) The student reads critically to evaluate texts in order to determine the credibility of sources. The student is expected to:(A) evaluate the credibility of informational sources and their relevance for assigned and self-selected topics;(B) evaluate how a writer's motivation, stance, or position may affect text credibility, structure, or tone;(C) analyze aspects of text, such as patterns of organization and choice of language, for persuasive effect;(D) recognize modes of reasoning, such as induction and deduction; and(E) recognize logical and illogical arguments in text.(9) The student reads to increase knowledge of own culture, the culture of others, and the common elements of cultures. The student is expected to:(A) compare text events with personal and other readers' experiences; and(B) recognize and discuss literary themes and connections that cross cultures.</content><note type="source"><p>Source Note: The provisions of this §110.25 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective September 4, 2008, 33 TexReg 7216.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scB/s110.26"><num value="110.26">§110.26</num><heading>English Language Arts and Reading, Speech (Elective Credit)</heading><content>(a) Introduction.(1) Communication is an integral part of our social, cultural, and academic lives; therefore, middle school students should develop effective communication skills to further their academic pursuits and to prepare for interaction in social, civic, and professional roles. Competent communicators develop skills focused on five identifiable functions of expressing and responding appropriately to feelings, participating in social traditions, informing, persuading, creating, and imagining. To become competent communicators, students will develop and apply skills in using oral language, nonverbal communication, and listening in interpersonal, group, academic, and public contexts. For middle school students whose first language is not English, the students' experiences with oral communication serve as a foundation for English language acquisition.(2) The essential knowledge and skills as well as the student expectations for Speech, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) Understanding the communication process. The student demonstrates a knowledge of communication. The student is expected to:(A) recognize and explain the importance of communication in social, academic, civic, and professional roles;(B) identify the related components of the communication process;(C) identify standards of making communication choices considering appropriateness for self, listener, occasion, and task;(D) identify characteristics of oral language and analyze standards for using oral language appropriately;(E) identify the importance of using appropriate nonverbal communication;(F) identify and explain the components of listening process;(G) identify the kinds of listening and analyze skills related to each type;(H) analyze how perception of self and others affects communication;(I) analyze and develop techniques and strategies for building self-confidence and reducing communication apprehension;(J) identify and explain factors that influence communication decisions such as knowledge, attitudes, and culture; and(K) explain the importance of assuming responsibility for communication decisions.(2) Expressing and responding. The student develops skills for expressing and responding appropriately in a variety of situations. The student is expected to:(A) use appropriate verbal and nonverbal communication skills in interpersonal situations;(B) use reflective empathic listening skills to respond appropriately in interpersonal situations;(C) explain the importance of using tact, courtesy, and assertiveness appropriately in interpersonal situations;(D) identify kinds of groups and analyze basic principles of group dynamics;(E) use appropriate communication skills in groups to make plans or accomplish goals;(F) use appropriate strategies for agreeing or disagreeing in interpersonal and group situations; and(G) prepare and present an oral statement on a topic of interest or concern.(3) Participating in social traditions. The student develops an understanding of social traditions. The student is expected to:(A) identify the importance of social traditions and ceremonies in various contexts and cultures;(B) communicate appropriately in a variety of interpersonal social traditions, including making and acknowledging introductions and giving and accepting praise and criticism;(C) employ parliamentary procedure in a group meeting;(D) use effective techniques to prepare, organize, and present a speech for a special occasion; and(E) use appreciative and critical-listening skills to analyze, evaluate, and respond appropriately to class, public, or media.(4) Informing. The student expresses and responds appropriately to informative messages. The student is expected to:(A) research ideas and topics to acquire accurate information from a variety of primary, secondary, and technological sources;(B) use appropriate communication skills to request, provide, and respond to information in interpersonal conversations;(C) use appropriate verbal, nonverbal, and listening skills in interviews;(D) use appropriate information and effective critical-thinking skills in group decision-making and problem-solving processes;(E) plan and present an informative group discussion for an audience;(F) plan, research, organize, prepare, and present an informative speech;(G) rehearse speeches to gain command of ideas and information, reduce communication apprehension, develop confidence, and practice presentation skills;(H) use notes, manuscripts, rostrum, and visual and auditory aids appropriately in speeches;(I) use effective verbal and nonverbal communication in presenting informative speeches;(J) apply critical-listening skills to analyze, evaluate, and respond appropriately to informative group discussions and speeches; and(K) develop and use communication skills needed for academic achievement such as participating appropriately in class discussions, using active and critical-listening skills, and taking accurate notes.(5) Persuading. The student expresses and responds appropriately to persuasive messages. The student is expected to:(A) recognize and develop skills for analyzing persuasive strategies such as propaganda devices and emotional appeals;(B) respond appropriately to persuasive messages in situations such as accepting or rejecting peer pressure and making or responding to requests;(C) plan, research, organize, prepare, and present a persuasive speech;(D) demonstrate persuasive skills in informal or formal argumentation, discussions, or debates; and(E) develop and use critical listening skills to analyze, evaluate, and respond appropriately to class, public, or media presentations.(6) Creating and imagining. The student uses imagination and creativity to prepare and perform various types of literature. The student is expected to:(A) use imagination to plan, organize, and tell stories;(B) use appropriate verbal and nonverbal skills to share stories;(C) select, analyze, adapt, interpret, and rehearse a variety of literary selections;(D) use effective group decision-making skills in group performances;(E) use appropriate verbal and nonverbal skills in individual or group interpretations of literature; and(F) use appreciative and critical-listening skills to respond appropriately to class, public, or media performances.</content><note type="source"><p>Source Note: The provisions of this §110.26 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective September 4, 2008, 33 TexReg 7216.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c110/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.35"><num value="110.35">§110.35</num><heading>Implementation of Texas Essential Knowledge and Skills for English Language Arts and Reading, High School, Adopted 2017</heading><content>(a) The provisions of §§110.36-110.39 of this subchapter shall be implemented by school districts.(b) No later than August 31, 2019, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for English language arts and reading as adopted in §§110.36-110.39 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§110.36-110.39 of this subchapter shall be implemented beginning with the 2020-2021 school year and apply to the 2020-2021 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§110.36-110.39 of this subchapter shall be implemented for the following school year.(e) Sections 110.31-110.34 of this subchapter shall be superseded by the implementation of §§110.36-110.39 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §110.35 adopted to be effective November 12, 2017, 42 TexReg 6148.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.36"><num value="110.36">§110.36</num><heading>English Language Arts and Reading, English I (One Credit), Adopted 2017</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course.(b) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;(B) follow and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes; (C) give a presentation using informal, formal, and technical language effectively to meet the needs of audience, purpose, and occasion, employing eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and(D) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;(B) analyze context to distinguish between the denotative and connotative meanings of words; and(C) determine the meaning of foreign words or phrases used frequently in English such as bona fide, caveat, carte blanche, tête-à-tête, bon appétit, and quid pro quo.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information from two texts to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;(C) use text evidence and original commentary to support a comprehensive response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using acquired content and academic vocabulary as appropriate;(G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;(I) reflect on and adjust responses when valid evidence warrants; and(J) defend or challenge the authors' claims using relevant text evidence.; and(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) analyze how themes are developed through characterization and plot in a variety of literary texts;(B) analyze how authors develop complex yet believable characters in works of fiction through a range of literary devices, including character foils;(C) analyze non-linear plot development such as flashbacks, foreshadowing, subplots, and parallel plot structures and compare it to linear plot development; and(D) analyze how the setting influences the theme.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) read and respond to American, British, and world literature;(B) analyze the structure, prosody, and graphic elements such as line length and word position in poems across a variety of poetic forms;(C) analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;(D) analyze characteristics and structural elements of informational texts such as:(i) clear thesis, relevant supporting evidence, pertinent examples, and conclusion; and(ii) multiple organizational patterns within a text to develop the thesis;(E) analyze characteristics and structural elements of argumentative texts such as:(i) clear arguable claim, appeals, and convincing conclusion; (ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and(iii) identifiable audience or reader; and(F) analyze characteristics of multimodal and digital texts.(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) analyze the author's purpose, audience, and message within a text;(B) analyze use of text structure to achieve the author's purpose;(C) evaluate the author's use of print and graphic features to achieve specific purposes;(D) analyze how the author's use of language achieves specific purposes;(E) analyze the use of literary devices such as irony and oxymoron to achieve specific purposes;(F) analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text; and(G) explain the purpose of rhetorical devices such as understatement and overstatement and the effect of logical fallacies such as straw man and red herring arguments.; and(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:(i) using an organizing structure appropriate to purpose, audience, topic, and context; and(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;(D) edit drafts using standard English conventions, including:(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tense and active and passive voice;(iii) pronoun-antecedent agreement;(iv) correct capitalization;(v) punctuation, including commas, semicolons, colons, and dashes to set off phrases and clauses as appropriate; and(vi) correct spelling; and(E) publish written work for appropriate audiences.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as fiction and poetry using genre characteristics and craft;(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;(C) compose argumentative texts using genre characteristics and craft; and(D) compose correspondence in a professional or friendly structure.(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) develop questions for formal and informal inquiry;(B) critique the research process at each step to implement changes as needs occur and are identified;(C) develop and revise a plan;(D) modify the major research question as necessary to refocus the research plan;(E) locate relevant sources;(F) synthesize information from a variety of sources;(G) examine sources for:(i) credibility and bias, including omission; and(ii) faulty reasoning such as ad hominem, loaded language, and slippery slope;(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.36 adopted to be effective November 12, 2017, 42 TexReg 6148; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.37"><num value="110.37">§110.37</num><heading>English Language Arts and Reading, English II (One Credit), Adopted 2017</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course.(b) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;(B) follow and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes; (C) give a formal presentation that incorporates a clear thesis and a logical progression of valid evidence from reliable sources and that employs eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and(D) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;(B) analyze context to distinguish among denotative, connotative, and figurative meanings of words; and(C) determine the meaning of foreign words or phrases used frequently in English such as pas de deux, status quo, déjà vu, avant-garde, and coup d'état.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to determine key ideas;(H) synthesize information from multiple texts to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;(C) use text evidence and original commentary to support an interpretive response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using acquired content and academic vocabulary as appropriate;(G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;(I) reflect on and adjust responses when valid evidence warrants; and(J) defend or challenge the authors' claims using relevant text evidence.; and(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) analyze how themes are developed through characterization and plot, including comparing similar themes in a variety of literary texts representing different cultures;(B) analyze how authors develop complex yet believable characters, including archetypes, through historical and cultural settings and events;(C) analyze isolated scenes and their contribution to the success of the plot as a whole; and(D) analyze how historical and cultural settings influence characterization, plot, and theme across texts.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) read and analyze world literature across literary periods;(B) analyze the effects of metrics; rhyme schemes; types of rhymes such as end, internal, slant, and eye; and other conventions in poems across a variety of poetic forms;(C) analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;(D) analyze characteristics and structural elements of informational texts such as:(i) clear thesis, relevant supporting evidence, pertinent examples, and conclusion; and(ii) the relationship between organizational design and thesis;(E) analyze characteristics and structural elements of argumentative texts such as:(i) clear arguable claim, appeals, and convincing conclusion; (ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and(iii) identifiable audience or reader; and(F) analyze characteristics of multimodal and digital texts.(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) analyze the author's purpose, audience, and message within a text;(B) analyze use of text structure to achieve the author's purpose;(C) evaluate the author's use of print and graphic features to achieve specific purposes;(D) analyze how the author's use of language informs and shapes the perception of readers;(E) analyze the use of literary devices such as irony, sarcasm, and motif to achieve specific purposes;(F) analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text; and(G) analyze the purpose of rhetorical devices such as appeals, antithesis, parallelism, and shifts and the effects of logical fallacies.; and(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:(i) using an organizing structure appropriate to purpose, audience, topic, and context; and(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;(D) edit drafts using standard English conventions, including:(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tense and active and passive voice;(iii) pronoun-antecedent agreement;(iv) correct capitalization;(v) punctuation, including commas, semicolons, colons, dashes, and parentheses to set off phrases and clauses as appropriate; and(vi) correct spelling; and(E) publish written work for appropriate audiences.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as fiction and poetry using genre characteristics and craft;(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;(C) compose argumentative texts using genre characteristics and craft; and(D) compose correspondence in a professional or friendly structure.(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) develop questions for formal and informal inquiry;(B) critique the research process at each step to implement changes as needs occur and are identified;(C) develop and revise a plan;(D) modify the major research question as necessary to refocus the research plan;(E) locate relevant sources;(F) synthesize information from a variety of sources;(G) examine sources for:(i) credibility and bias, including omission; and(ii) faulty reasoning such as incorrect premise, hasty generalizations, and either-or;(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.37 adopted to be effective November 12, 2017, 42 TexReg 6148; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.38"><num value="110.38">§110.38</num><heading>English Language Arts and Reading, English III (One Credit), Adopted 2017</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course.(b) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) engage in meaningful and respectful discourse when evaluating the clarity and coherence of a speaker's message and critiquing the impact of a speaker's use of diction and syntax;(B) follow and give complex instructions, clarify meaning by asking pertinent questions, and respond appropriately;(C) give a formal presentation that exhibits a logical structure, smooth transitions, accurate evidence, well-chosen details, and rhetorical devices and that employs eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and(D) participate collaboratively, offering ideas or judgments that are purposeful in moving the team toward goals, asking relevant and insightful questions, tolerating a range of positions and ambiguity in decision making, and evaluating the work of the group based on agreed-upon criteria.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to clarify and validate understanding of multiple meanings of advanced vocabulary;(B) analyze context to draw conclusions about nuanced meanings such as in imagery; and(C) determine the meaning of foreign words or phrases used frequently in English such as ad hoc, faux pas, non sequitur, and modus operandi.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to understand key ideas;(H) synthesize information from a variety of text types to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, annotating, and using outside sources when understanding breaks down.(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate analysis of texts, including comparing texts within and across genres;(C) use text evidence and original commentary to support an analytic response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using acquired content and academic vocabulary as appropriate;(G) discuss and write about the explicit and implicit meanings of text;(H) respond orally or in writing with appropriate register and effective vocabulary, tone, and voice;(I) reflect on and adjust responses when valid evidence warrants; and(J) defend or challenge the authors' claims using relevant text evidence.(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) analyze relationships among thematic development, characterization, point of view, significance of setting, and plot in a variety of literary texts;(B) analyze how characters' behaviors and underlying motivations contribute to moral dilemmas that influence the plot and theme;(C) evaluate how different literary elements shape the author's portrayal of the plot; and(D) analyze how the historical, social, and economic context of setting(s) influences the plot, characterization, and theme.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) read and analyze American literature across literary periods;(B) analyze relationships among characteristics of poetry, including stanzas, line breaks, speaker, and sound devices in poems across a variety of poetic forms;(C) analyze how the relationships among dramatic elements advance the plot;(D) analyze characteristics and structural elements of informational texts such as:(i) clear thesis, strong supporting evidence, pertinent examples, commentary, summary, and conclusion; and(ii) the relationship between organizational design and author's purpose;(E) analyze characteristics and structural elements of argumentative texts such as:(i) clear arguable thesis, appeals, structure of the argument, convincing conclusion, and call to action;(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and(iii) identifiable audience or reader; and(F) analyze the effectiveness of characteristics of multimodal and digital texts.(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) analyze the author's purpose, audience, and message within a text;(B) evaluate use of text structure to achieve the author's purpose;(C) evaluate the author's use of print and graphic features to achieve specific purposes;(D) evaluate how the author's use of language informs and shapes the perception of readers;(E) evaluate the use of literary devices such as paradox, satire, and allegory to achieve specific purposes;(F) evaluate how the author's diction and syntax contribute to the mood, voice, and tone of a text; and(G) analyze the effects of rhetorical devices and logical fallacies on the way the text is read and understood.(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:(i) using strategic organizational structures appropriate to purpose, audience, topic, and context; and(ii) developing an engaging idea reflecting depth of thought with effective use of rhetorical devices, details, examples, and commentary;(C) revise drafts to improve clarity, development, organization, style, diction, and sentence fluency, both within and between sentences;(D) edit drafts to demonstrate a command of standard English conventions using a style guide as appropriate; and(E) publish written work for appropriate audiences.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as fiction and poetry using genre characteristics and craft;(B) compose informational texts such as explanatory essays, reports, resumes, and personal essays using genre characteristics and craft;(C) compose argumentative texts using genre characteristics and craft;(D) compose correspondence in a professional or friendly structure;(E) compose literary analysis using genre characteristics and craft; and(F) compose rhetorical analysis using genre characteristics and craft.(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) develop questions for formal and informal inquiry;(B) critique the research process at each step to implement changes as needs occur and are identified;(C) develop and revise a plan;(D) modify the major research question as necessary to refocus the research plan;(E) locate relevant sources;(F) synthesize information from a variety of sources;(G) examine sources for:(i) credibility, bias, and accuracy; and(ii) faulty reasoning such as post hoc-ad hoc, circular reasoning, red herring, and assumptions;(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.38 adopted to be effective November 12, 2017, 42 TexReg 6148; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.39"><num value="110.39">§110.39</num><heading>English Language Arts and Reading, English IV (One Credit), Adopted 2017</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course.(b) Introduction.(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum). (6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) engage in meaningful and respectful discourse when evaluating the clarity and coherence of a speaker's message and critiquing the impact of a speaker's use of diction, syntax, and rhetorical strategies; (B) follow and give complex instructions, clarify meaning by asking pertinent questions, and respond appropriately;(C) formulate sound arguments and present using elements of classical speeches such as introduction, first and second transitions, body, conclusion, the art of persuasion, rhetorical devices, employing eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and(D) participate collaboratively, offering ideas or judgments that are purposeful in moving the team toward goals, asking relevant and insightful questions, tolerating a range of positions and ambiguity in decision making, and evaluating the work of the group based on agreed-upon criteria.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to clarify and validate understanding of multiple meanings of advanced vocabulary;(B) analyze context to draw conclusions about nuanced meanings such as in imagery; and(C) determine the meaning of foreign words or phrases used frequently in English such as ad nauseum, in loco parentis, laissez-faire, and caveat emptor.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding; (G) evaluate details read to analyze key ideas;(H) synthesize information from a variety of text types to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, annotating, and using outside sources when understanding breaks down.(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate analysis of texts, including comparing texts within and across genres;(C) use text evidence and original commentary to support an evaluative response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using acquired content and academic vocabulary as appropriate;(G) discuss and write about the explicit and implicit meanings of text;(H) respond orally or in writing with appropriate register and purposeful vocabulary, tone, and voice;(I) reflect on and adjust responses when valid evidence warrants; and(J) defend or challenge the authors' claims using relevant text evidence.(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) analyze relationships among thematic development, characterization, point of view, significance of setting, and plot in a variety of literary texts;(B) analyze how characters' behaviors and underlying motivations contribute to moral dilemmas that influence the plot and theme;(C) critique and evaluate how complex plot structures such as subplots contribute to and advance the action; and(D) evaluate how the historical, social, and economic context of setting(s) influences the plot, characterization, and theme.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) read and analyze British literature across literary periods;(B) analyze the effects of sound, form, figurative language, graphics, and dramatic structure in poetry across literary time periods and cultures;(C) analyze and evaluate how the relationships among the dramatic elements advance the plot;(D) critique and evaluate characteristics and structural elements of informational texts such as:(i) clear thesis, effective supporting evidence, pertinent examples, commentary, summary, and conclusion; and(ii) the relationship between organizational design and author's purpose;(E) critique and evaluate characteristics and structural elements of argumentative texts such as:(i) clear arguable thesis, appeals, structure of the argument, convincing conclusion, and call to action;(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and(iii) identifiable audience or reader; and(F) critique and evaluate the effectiveness of characteristics of multimodal and digital texts.(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) evaluate the author's purpose, audience, and message within a text;(B) evaluate use of text structure to achieve the author's purpose;(C) evaluate the author's use of print and graphic features to achieve specific purposes;(D) critique and evaluate how the author's use of language informs and shapes the perception of readers;(E) evaluate the use of literary devices such as paradox, satire, and allegory to achieve specific purposes;(F) evaluate how the author's diction and syntax contribute to the effectiveness of a text; and(G) analyze the effects of rhetorical devices and logical fallacies on the way the text is read and understood.(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:(i) using strategic organizational structures appropriate to purpose, audience, topic, and context; and(ii) developing an engaging idea reflecting depth of thought with effective use of rhetorical devices, details, examples, and commentary;(C) revise drafts to improve clarity, development, organization, style, diction, and sentence fluency, both within and between sentences;(D) edit drafts to demonstrate a command of standard English conventions using a style guide as appropriate; and(E) publish written work for appropriate audiences.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as fiction and poetry using genre characteristics and craft;(B) compose informational texts such as explanatory essays, reports, resumes, and personal essays using genre characteristics and craft;(C) compose argumentative texts using genre characteristics and craft;(D) compose correspondence in a professional or friendly structure;(E) compose literary analysis using genre characteristics and craft; and(F) compose rhetorical analysis using genre characteristics and craft.(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) develop questions for formal and informal inquiry;(B) critique the research process at each step to implement changes as needs occur and are identified;(C) develop and revise a plan;(D) modify the major research question as necessary to refocus the research plan;(E) locate relevant sources;(F) synthesize information from a variety of sources;(G) examine sources for:(i) credibility, bias, and accuracy; and(ii) faulty reasoning such as straw man, false dilemma, faulty analogies, and non-sequitur;(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §110.39 adopted to be effective November 12, 2017, 42 TexReg 6148; amended to be effective August 1, 2019, 44 TexReg 3812.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.46"><num value="110.46">§110.46</num><heading>Independent Study in English (One-Half to One Credit)</heading><content>(a) Introduction.(1) Students enrolled in Independent Study in English will focus on a specialized area of study such as the work of a particular author or genre. Students will read and write in multiple forms for a variety of audiences and purposes. High school students are expected to plan, draft, and complete written compositions on a regular basis and carefully examine their papers for clarity, engaging language, and the correct use of the conventions and mechanics of written English.(2) If this course is being used to satisfy requirements for the Distinguished Achievement Program, a student research/product must be presented before a panel of professionals or approved by the student's mentor.(3) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(5) The essential knowledge and skills as well as the student expectations for Independent Study in English are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student inquires through reading literature and researching self-selected and assigned topics. The student is expected to:(A) read widely for further study;(B) generate relevant, interesting, and researchable questions with instructor guidance and approval; and(C) draw relevant questions for further study from the research findings or conclusions.(2) The student uses writing as a tool for learning and research. The student produces visual representations that communicate with others. The student is expected to:(A) produce research projects and reports in multiple forms for a variety of audiences from primary and secondary sources using available technology;(B) conduct a research project(s), producing an original work in print or another medium with a demonstration of advanced skill;(C) use writing to organize and support what is known and needs to be learned about a topic, including discovering, recording, reviewing, and learning;(D) compile written ideas and representations; interpret information into reports, summaries, or other formats; and draw conclusions; and(E) use writing as a tool such as to reflect, explore, or problem solve.</content><note type="source"><p>Source Note: The provisions of this §110.46 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.47"><num value="110.47">§110.47</num><heading>Reading I, II, III (One-Half to Three Credits)</heading><content>(a) Introduction.(1) Reading I, II, III offers students reading instruction to successfully navigate academic demands as well as attain life-long literacy skills. Specific instruction in word recognition, vocabulary, comprehension strategies, and fluency provides students an opportunity to read with competence, confidence, and understanding. Students learn how traditional and electronic texts are organized and how authors choose language for effect. All of these strategies are applied in instructional-level and independent-level texts that cross the content areas.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Reading I, II, III, elective courses, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student uses a variety of word recognition strategies. The student is expected to:(A) apply knowledge of letter-sound correspondences, language structure, and context to recognize words; and(B) use reference guides such as dictionaries, glossaries, and available technology to determine pronunciations of unfamiliar words.(2) The student acquires an extensive vocabulary through reading and systematic word study. The student is expected to:(A) expand vocabulary by reading, viewing, listening, and discussing;(B) determine word meanings through the study of their relationships to other words and concepts such as content, synonyms, antonyms, and analogies;(C) recognize the implied meanings of words such as idiomatic expressions, homonyms, puns, and connotations;(D) apply the knowledge of roots, affixes, and word origins to infer meanings; and(E) use available reference guides such as dictionary, glossary, thesaurus, and available technology to determine or confirm the meanings of new words and phrases.(3) The student reads for a variety of purposes with multiple sources, both narrative and expository. The student is expected to:(A) read functional texts to complete real-world tasks such as job applications, recipes, and product assembly instructions;(B) read to complete academic tasks;(C) read using test-taking skills such as highlighting, annotating, previewing questions, noticing key words, employing process of elimination, allotting time, and following directions;(D) read to gain content/background knowledge as well as insight about oneself, others, or the world; and(E) read for enjoyment.(4) The student comprehends texts using effective strategies. The student is expected to:(A) use prior knowledge and experience to comprehend;(B) determine and adjust purpose for reading;(C) self-monitor reading and adjust when confusion occurs by using appropriate strategies;(D) summarize texts by identifying main ideas and relevant details;(E) construct visual images based on text descriptions;(F) use study skills such as previewing, highlighting, annotating, note taking, and outlining; and(G) use questioning to enhance comprehension before, during, and after reading.(5) The student draws complex inferences and analyzes and evaluates information within and across texts of varying lengths. The student is expected to:(A) find similarities and differences across texts such as explanations, points of view, or themes;(B) identify explicit and implicit meanings of texts;(C) support inferences with text evidence and experience;(D) analyze text to draw conclusions, state generalizations, and make predictions supported by text evidence; and(E) distinguish facts from simple assertions and opinions.(6) The student reads critically to evaluate texts in order to determine the credibility of the sources. The student is expected to:(A) identify and analyze the audience, purpose, and message of the text;(B) evaluate the credibility and relevance of informational sources;(C) analyze the presentation of information and the strength of quality of the evidence used by the author; and(D) evaluate the author's motivation, stance, or position and its effect on the validity of the text.(7) The student reads with fluency and understanding in increasingly demanding and varied texts. The student is expected to:(A) read silently or orally such as paired reading or literature circles for sustained periods of time; and(B) adjust reading rate based on purposes for reading.(8) The student formulates and supports responses to a wide variety of texts. The student is expected to:(A) respond actively to texts in both aesthetic and critical ways;(B) respond to text in multiple ways such as discussion, journal writing, performance, and visual/symbolic representation;(C) support responses with prior knowledge and experience; and(D) support responses with explicit textual information.(9) The student reads and responds to informational texts. The student is expected to:(A) generate relevant and interesting questions;(B) use text features and graphics to form an overview to determine where to locate information;(C) analyze the use of common expository text structures such as sequence, description, compare/contrast, cause/effect, and problem/solution;(D) organize and record new information in systematic ways such as outlines, charts, and graphic organizers; and(E) communicate information gained from reading.(10) The student reads to increase knowledge of one's own culture, the culture of others, and the common elements of cultures. The student is expected to:(A) compare text events with personal and other readers' experiences; and(B) recognize literary themes and connections that cross cultures.</content><note type="source"><p>Source Note: The provisions of this §110.47 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.48"><num value="110.48">§110.48</num><heading>College Readiness and Study Skills (One-Half Credit)</heading><content>(a) Introduction.(1) High school students that require or request additional honing of the study skills, especially as the students prepare for the demands of college, may enroll in the one semester course College Readiness and Study Skills. In this course, students acquire techniques for learning from texts, including studying word meanings, identifying and relating key ideas, drawing and supporting inferences, and reviewing study strategies. In all cases, interpretations and understandings will be presented through varying forms, including through use of available technology. Students accomplish many of the objectives through wide reading as well as use of content texts in preparation for post-secondary schooling.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for College Readiness and Study Skills, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student reads widely for a variety of purposes from numerous sources and cultures. The student is expected to:(A) read self-selected and assigned texts from varied sources such as literature, literary non-fiction, expository, electronic texts, and other media; and(B) read for various purposes such as to be entertained, to appreciate a writer's craft, to be informed, to take action, and to discover models for writing.(2) The student builds an extensive vocabulary through reading and systematic word study. The student is expected to:(A) expand vocabulary through wide reading, viewing, listening, and discussion;(B) apply knowledge of affixes and roots to comprehend;(C) investigate word origins to understand meanings, derivations, and spellings;(D) distinguish between the connotative and denotative meanings and interpret the connotative power of words;(E) use reference material to determine precise meaning and usage such as glossary, dictionary, thesaurus, and available technology; and(F) use context to determine meanings of words and phrases such as figurative language, idiomatic expressions, homonyms, and technical vocabulary.(3) The student comprehends texts using a variety of strategies. The student is expected to:(A) use self-monitoring reading strategies to make modifications when understanding breaks down;(B) activate and draw upon prior knowledge and experience;(C) establish purposes for reading such as to discover, to understand, to interpret, to enjoy, and to solve problems;(D) construct images based on text descriptions; and(E) create graphic organizers to represent textual information.(4) The student reads critically to evaluate texts and the authority of sources. The student is expected to:(A) analyze audience, purpose, and message of text;(B) evaluate the credibility and relevance of information sources;(C) evaluate the author's motivation, stance, or position and its effect on the validity of the text;(D) analyze aspects of texts such as organizational patterns, diction, format, and tone for their effect on audiences;(E) identify explicit and implicit textual information in text;(F) support complex inferences with text evidence and experience; and(G) recognize persuasive techniques in texts such as bandwagon, glittering generalities, and testimonials.(5) The student uses study strategies to learn from a variety of texts. The student is expected to:(A) use effective reading strategies to recall material from text such as previewing, skimming, scanning, rereading, and asking relevant questions;(B) summarize information from text such as outlines, study guides, annotating, and two-columned note taking;(C) use text features and graphics such as headings, tables, sidebars, photographs, and captions to form an overview of informational texts and to determine where to locate information; and(D) use effective test-taking strategies for different types of tests.(6) The student expresses and supports responses to various types of texts. The student is expected to:(A) respond to literary and informational texts through various modes of communication such as discussions, further reading, presentations, journals, written responses, or visual arts;(B) formulate and defend a position with support synthesized from multiple texts; and(C) evaluate personal responses to reading for evidence of growth.</content><note type="source"><p>Source Note: The provisions of this §110.48 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.49"><num value="110.49">§110.49</num><heading>Visual Media Analysis and Production (One-Half Credit)</heading><content>(a) Introduction.(1) High school students enrolled in Visual Media Analysis and Production will interpret various media forms for a variety of purposes. In addition, students will critique and analyze the significance of visual representations and learn to produce media messages that communicate with others.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Visual Media Analysis and Production, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student recognizes/interprets visual representations as they apply to visual media. The student is expected to:(A) identify the historical development of visual media;(B) distinguish the purposes of various media forms such as information, entertainment, and persuasion; and(C) recognize strategies used by media to inform, persuade, entertain, and transform culture such as advertising, perpetuation of stereotypes, use of visual representations, special effects, and language.(2) The student analyzes and critiques the significance of visual representations. The student is expected to:(A) evaluate the persuasive techniques of media messages such as glittering generalities, associations with personalities, logical fallacies, and use of symbols;(B) compare and contrast media with other art forms;(C) analyze techniques used in visual media;(D) explore the emotional and intellectual effects of visual media on viewers; and(E) recognize how visual and sound techniques convey messages in media such as special effects, editing, camera angles, reaction shots, sequencing, and music.(3) The student produces visual representations that communicate with others. The student is expected to:(A) use a variety of forms and technologies to communicate specific messages;(B) use a range of techniques to create a media text and reflect critically on the work produced; and(C) study the relationship between subject matter and choice of media for presenting that subject.</content><note type="source"><p>Source Note: The provisions of this §110.49 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.50"><num value="110.50">§110.50</num><heading>Contemporary Media (One Credit)</heading><content>(a) Introduction.(1) Students enrolled in Contemporary Media will understand how media influence tastes, behavior, purchasing, and voting decisions. Students who are media literate understand television, radio, film, and other visual images and auditory messages.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Contemporary Media, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student identifies the history and evolution of media used for mass communication. The student is expected to:(A) examine the development of the technologies that influence each medium; and(B) analyze the historical contributions made by various media personnel.(2) The student recognizes the types and functions of mass media. The student is expected to:(A) identify the types of mass media such as television, radio, Internet, podcast, YouTube, newspaper, periodicals, blogs, social networking, emailing, texting, search engines, and music; and(B) analyze the roles of media as sources of information, entertainment, persuasion, and education.(3) The student identifies and analyzes regulations that govern media. The student is expected to:(A) identify the appropriate government agencies that regulate media; and(B) analyze government regulatory issues regarding censorship, political campaigns, news, ethics, and responsibilities.(4) The student analyzes the influence of media. The student is expected to:(A) analyze the influence of viewing and listening habits on individuals;(B) analyze the influence of media in shaping governmental decisions, social choices, and cultural norms;(C) evaluate standards for "quality programming"; and(D) analyze possible ways to improve mass media.(5) The student analyzes, creates, and evaluates visual and auditory messages. The student is expected to:(A) develop skills for organizing, writing, and designing media messages for specific purposes and effects;(B) develop technical and communication skills needed by various media personnel; and(C) plan, organize, produce, and present media messages.</content><note type="source"><p>Source Note: The provisions of this §110.50 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.51"><num value="110.51">§110.51</num><heading>Literary Genres (One-Half to One Credit)</heading><content>(a) Introduction.(1) Students enrolled in Literary Genres will spend time analyzing the fictional and poetic elements of literary texts and read to appreciate the writer's craft. High school students will discover how well written literary text can serve as models for their own writing. High school students respond to oral, written, and electronic text to connect their knowledge of the world.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Literary Genres, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student builds an extensive vocabulary through reading and systematic word study. The student is expected to:(A) expand vocabulary through wide reading, listening, and discussion;(B) investigate word origins as an aid to understanding meanings, derivations, and spellings as well as influences on the English language; and(C) discriminate between connotative and denotative meanings and interpret the connotative power of words.(2) The student analyzes fictional and poetic elements focusing on how they combine to contribute meaning in literary texts. The student is expected to:(A) compare and contrast varying aspects of texts such as themes, conflicts, and allusions;(B) propose and provide examples of themes that cross texts;(C) connect literature to historical context, current events, and his/her own experiences;(D) analyze relevance of setting and time frame to text's meaning;(E) identify basic conflicts;(F) describe the development of plot and how conflicts are addressed and resolved;(G) analyze characters' traits, motivations, changes, and stereotypical features;(H) describe how irony, tone, mood, style, and sound of language contribute to the effect of the text;(I) determine and explain purposes and effects of figurative language, particularly symbolic and metaphoric;(J) identify and analyze text structures;(K) recognize archetypes, motifs, and symbols across texts;(L) analyze distinctive features of text genre such as biography, historical fiction, science fiction, political writing, fantasy fiction, short story, dramatic literature, or poetry;(M) identify how authors create suspense; and(N) tell how points of view affect tone, characterization, and credibility.(3) The student reads critically to evaluate texts and the authority of sources. The student is expected to:(A) analyze the characteristics of well-constructed texts;(B) describe how a writer's point of view may affect text credibility, structure, or tone;(C) analyze aspects of texts such as patterns of organization and choice of language for their effect on audiences; and(D) examine strategies that writers in different fields use to compose.(4) The student reads to increase knowledge of his/her own culture, the culture of others, and the common elements of cultures. The student is expected to:(A) compare text events with personal and other readers' experiences;(B) recognize and discuss themes and connections that cross cultures; and(C) recognize how writers represent and reveal their cultures and traditions in texts.(5) The student uses writing as a tool for learning and researching literary genres. The student is expected to:(A) use writing to discover, record, review, and learn; and(B) link related information and ideas from a variety of sources.</content><note type="source"><p>Source Note: The provisions of this §110.51 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.52"><num value="110.52">§110.52</num><heading>Creative Writing (One-Half to One Credit)</heading><content>(a) Introduction.(1) The study of creative writing allows high school students to earn one-half to one credit while developing versatility as a writer. Creative Writing, a rigorous composition course, asks high school students to demonstrate their skill in such forms of writing as fictional writing, short stories, poetry, and drama. All students are expected to demonstrate an understanding of the recursive nature of the writing process, effectively applying the conventions of usage and the mechanics of written English. The students' evaluation of their own writing as well as the writing of others ensures that students completing this course are able to analyze and discuss published and unpublished pieces of writing, develop peer and self-assessments for effective writing, and set their own goals as writers.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Creative Writing, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student writes for a variety of audiences and purposes to develop versatility as a writer. The student is expected to:(A) write expressive, informative, and persuasive literary texts effectively;(B) demonstrate the distinguishing characteristics of various written forms such as fictional writing, short stories, poetry, and drama in his/her own writing;(C) elaborate writing when appropriate such as using concrete images, figurative language, sensory observation, dialogue, and other rhetorical devices to enhance meaning;(D) employ various points of view to communicate effectively;(E) choose topics and forms to develop fluency and voice;(F) use word choice, sentence structure, and repetition to create tone; and(G) organize ideas in writing to ensure coherence, logical progression, and support for ideas.(2) The student selects and uses recursive writing processes for self-initiated and assigned writing. The student is expected to:(A) select and apply prewriting strategies to generate ideas, develop voice, and plan;(B) develop drafts by organizing ideas such as paragraphing, outlining, adding, and deleting;(C) use vocabulary, sentence structure, organization, and rhetorical devices appropriate to audience and purpose;(D) use effective sequence and transitions to achieve coherence and meaning;(E) revise drafts by rethinking content, organization, and style;(F) frequently refine selected pieces to publish for general and specific audiences; and(G) write both independently and collaboratively.(3) The student applies the conventions of usage and the mechanics of written English to communicate clearly and effectively. The student is expected to:(A) use correct capitalization and punctuation;(B) spell with accuracy in the final draft; and(C) demonstrate control over grammatical elements such as subject-verb agreement, pronoun-antecedent agreement, and verb forms in the final draft.(4) The student evaluates his/her own writing and the writings of others. The student is expected to:(A) analyze and discuss published pieces as writing models such as use of suspense, repetition for emphasis, various points of view, literary devices, and figurative language;(B) generate and apply peer and self-assessment; and(C) accumulate, review, and evaluate his/her own written work to determine its strengths and weaknesses and to set goals as a writer.</content><note type="source"><p>Source Note: The provisions of this §110.52 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.53"><num value="110.53">§110.53</num><heading>Research and Technical Writing (One-Half to One Credit)</heading><content>(a) Introduction. (1) The study of technical writing allows high school students to earn one-half to one credit while developing skills necessary for writing persuasive and informative texts. This rigorous composition course asks high school students to skillfully research a topic or a variety of topics and present that information through a variety of media. All students are expected to demonstrate an understanding of the recursive nature of the writing process, effectively applying the conventions of usage and the mechanics of written English. The students' evaluation of their own writing as well as the writing of others ensures that students completing this course are able to analyze and discuss published and unpublished pieces of writing, develop and apply criteria for effective writing, and set their own goals as writers. (2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning. (3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (4) The essential knowledge and skills as well as the student expectations for Research and Technical Writing, an elective course, are described in subsection (b) of this section. (b) Knowledge and skills. (1) The student writes for a variety of purposes and audiences. The student is expected to: (A) write informative and persuasive texts, including essays, reports, and proposals; (B) use the distinguishing characteristics of various written forms, including essays, scientific reports, speeches, and memoranda; (C) write in voice and style appropriate to audience and purpose; and (D) organize ideas in writing to ensure coherence, logical progression, and support for ideas. (2) The student selects and uses recursive writing processes for self-initiated and assigned writing. The student is expected to: (A) apply prewriting strategies to generate ideas and plan; (B) employ precise language and technical vocabulary to communicate ideas clearly and concisely; (C) use sentence structure, organization, and rhetorical devices appropriate to audience and purpose; (D) use effective sequence and transitions to achieve coherence and meaning; (E) revise drafts by rethinking content, organization, and style to better accomplish the task; (F) edit as appropriate for the conventions of standard written English; (G) use resources such as texts and other people for editing; (H) use available technology for aspects of creating, revising, editing, and publishing texts; and (I) write both independently and collaboratively. (3) The student writes to investigate self-selected and assigned topics. The student is expected to: (A) use writing to formulate questions, refine topics, and clarify ideas; and (B) organize all types of information from multiple sources, including primary and secondary resources, using available technology such as audio, video, print, non-print, graphics, maps, and charts. (4) The student applies the conventions of usage and mechanics of written English. The student is expected to: (A) use correct capitalization and punctuation; (B) use correct spelling in the final draft; (C) demonstrate control over grammatical elements such as subject-verb agreement, pronoun-antecedent agreement, and verb forms in final drafts; (D) use appropriate technical vocabulary; and (E) consistently use a documentation manual or form consistent with the student's field of study such as Modern Language Association (MLA), American Psychological Association (APA), and The Chicago Manual of Style (CMS). (5) The student evaluates his/her own writing and the writing of others. The student is expected to: (A) analyze and discuss published pieces as writing models; (B) apply criteria to evaluate writing; and (C) accumulate, review, and evaluate his/her own written work to determine its strengths and weaknesses and to set goals as a writer.</content><note type="source"><p>Source Note: The provisions of this §110.53 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.54"><num value="110.54">§110.54</num><heading>Practical Writing Skills (One-Half to One Credit)</heading><content>(a) Introduction.(1) The study of writing allows high school students to earn one-half to one credit while developing skills necessary for practical writing. This course emphasizes skill in the use of conventions and mechanics of written English, the appropriate and effective application of English grammar, the reading comprehension of informational text, and the effective use of vocabulary. Students are expected to understand the recursive nature of reading and writing. Evaluation of students' own writing as well as the writing of others ensures that students completing this course are able to analyze and evaluate their writing.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Practical Writing Skills, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student uses the conventions and mechanics of written English to communicate clearly. The student is expected to:(A) employ written conventions appropriately such as capitalizing and punctuating for various forms;(B) use correct spelling;(C) produce error-free writing by demonstrating control over grammatical elements such as subject-verb agreement, pronoun-antecedent agreement, and appropriate verb forms;(D) use varied sentence structures to express meanings and achieve desired effect; and(E) use appropriate vocabulary.(2) The student uses recursive writing processes as appropriate for self-initiated and assigned writing. The student is expected to:(A) apply prewriting strategies to generate ideas and plan;(B) develop drafts by organizing ideas such as paragraphing, outlining, adding, and deleting;(C) use vocabulary, sentence structure, organization, and rhetorical devices appropriate to audience and purpose;(D) use effective sequence and transitions to achieve coherency;(E) revise drafts by rethinking content, organization, and style to better accomplish the task;(F) edit as appropriate for the conventions of standard written English such as grammar, spelling, punctuation, capitalization, and sentence structure in the final draft;(G) use resources such as texts and other people as needed for proofreading, editing, and revising; and(H) use available technology for creating, revising, editing, and publishing texts.(3) The student reads and writes for a variety of audiences and purposes. The student is expected to:(A) read a variety of informational text;(B) write informational text; and(C) practice effective, efficient note taking.(4) The student evaluates his/her own writing and the writing of others. The student is expected to:(A) evaluate how well writing achieves its purposes;(B) analyze and discuss published pieces as writing models; and(C) review written work to determine its strengths and weaknesses and to set goals as a writer.(5) The student analyzes informational text. The student is expected to:(A) use effective reading strategies to determine a written work's purpose and intended audience;(B) identify explicit and implicit textual information, including main ideas and author's purpose;(C) draw and support complex inferences from text to distinguish facts from opinions;(D) analyze the author's quality of evidence for an argument;(E) evaluate the use of both literal and figurative language;(F) analyze the audience and purpose of informational and persuasive text;(G) analyze how an author's use of language creates imagery and mood; and(H) analyze insights gained from text to text, text to self, and text to world.(6) The student understands new vocabulary and concepts and uses them accurately in reading, speaking, and writing. The student is expected to:(A) apply knowledge of roots and affixes to infer the meanings of new words; and(B) use reference guides to confirm the meanings of new words and concepts.</content><note type="source"><p>Source Note: The provisions of this §110.54 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.55"><num value="110.55">§110.55</num><heading>Humanities (One-Half to Two Credits)</heading><content>(a) Introduction.(1) Humanities is an interdisciplinary course in which students recognize writing as an art form. Students read widely to understand how various authors craft compositions for various aesthetic purposes. This course includes the study of major historical and cultural movements and their relationship to literature and the other fine arts. Humanities is a rigorous course of study in which high school students respond to aesthetic elements in texts and other art forms through outlets such as discussions, journals, oral interpretations, and dramatizations. Students read widely to understand the commonalities that literature shares with the fine arts. In addition, students use written composition to show an in-depth understanding of creative achievements in the arts and literature and how these various art forms are a reflection of history. All students are expected to participate in classroom discussions and presentations that lead to an understanding, appreciation, and enjoyment of critical, creative achievements throughout history. Understanding is demonstrated through a variety of media.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Humanities, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student reads and views varied literary and art forms. The student is expected to:(A) recognize the major historical and cultural movements as reflected in various art forms; and(B) read widely to see connections (commonalities) that literature shares with fine arts and historical and/or philosophical writings.(2) The student expresses and supports responses to various types of texts and compositions. The student is expected to:(A) respond to aesthetic elements in texts and other art forms through various outlets such as discussions, journals, oral interpretations, and enactments;(B) use elements of text and other art forms to defend his/her own responses and interpretations;(C) compare reviews of literature, film performance, and other art forms with his/her own responses; and(D) develop and use assessments for evaluating literary work and other art forms as a reflection of history such as political, social, and philosophical movements.(3) The student uses writing as a tool for learning and research. The student speaks and writes clearly and presents effectively to audiences for a variety of purposes. The student is expected to:(A) show an in-depth understanding of creative achievements in literature and the arts through writing;(B) describe how personal creativity is expressed within the requirements of an art form; and(C) describe and analyze the relationship between form and expression.(4) The student understands and interprets creativity. The student is expected to participate in discussions that lead to understanding, appreciation, and enjoyment of creative achievements such as:(A) discuss how personal creativity is expressed within the requirements of an art form;(B) discuss conditions that encourage creativity;(C) discuss the relationship between form and expression; and(D) discuss the major historical and cultural movements as reflected in various art forms.(5) The student analyzes and critiques the significance of visual representations. The student is expected to:(A) recognize and evaluate how literature and various other art forms convey messages; and(B) examine the impact of literature and various other art forms.</content><note type="source"><p>Source Note: The provisions of this §110.55 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.57"><num value="110.57">§110.57</num><heading>Public Speaking I, II, III (One-Half to One Credit)</heading><content>(a) Introduction.(1) In order to have full participation in the civic process, students must have a good understanding of public dialogue. Students must learn the concepts and skills related to preparing and presenting public messages and to analyzing and evaluating the messages of others. Within this process, students will gain skills in reading, writing, speaking, listening, and thinking and will examine areas such as invention, organization, style, memory, and delivery.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Public Speaking I, II, III, elective courses, are described in subsection (b) of this section.(b) Knowledge and skills.(1) Rhetoric. The student traces the development of the rhetorical perspective. The student is expected to:(A) recognize the influence of classical rhetoric in shaping Western thought;(B) explain and use the classical rhetorical canons of invention, organization, style, memory, and delivery;(C) analyze how modern public address influences public opinion and policy in a democratic republic;(D) analyze the ethical responsibilities that accompany freedom of speech;(E) develop and use critical, deliberative, empathic, and appreciative listening skills to analyze and evaluate speeches; and(F) apply knowledge and understanding of rhetoric to analyze and evaluate oral or written speeches.(2) Speech forms. The student recognizes and analyzes varied speech forms. The student is expected to:(A) identify and analyze the traditional elements of speech form, including introduction, body, and conclusion;(B) identify and analyze logical patterns of organization for specific speech forms;(C) identify and analyze the characteristics of a speech to inform;(D) identify and analyze the characteristics of a speech to persuade, including propositions of fact, value, problem, and/or policy;(E) identify and analyze characteristics of speeches for special occasions; and(F) analyze and evaluate the rhetorical elements in models of speeches that inform, persuade, or inspire.(3) Invention. The student plans speeches. The student is expected to:(A) identify and analyze the audience and occasion as a basis for choosing speech strategies;(B) select and limit topics for speeches considering his/her own interests, timeliness, and the importance of the topic;(C) select and limit purposes for speeches;(D) research topics using primary and secondary sources, including electronic technology; and(E) analyze oral and written speech models to evaluate the topic, purpose, audience, and occasion.(4) Organization. The student organizes speeches. The student is expected to:(A) apply knowledge of speech form to organize and design speeches;(B) organize speeches effectively for specific topics, purposes, audiences, and occasions;(C) choose logical patterns of organization for bodies of speech;(D) prepare outlines reflecting logical organization; and(E) analyze and evaluate the organization of oral or written speech models.(5) Proofs and appeals. The student uses valid proofs and appeals in speeches. The student is expected to:(A) analyze the implications of the audience, occasion, topic, and purpose as a basis for choosing proofs and appeals for speeches;(B) choose logical proofs and appeals that meet standard tests of evidence;(C) use logical, ethical, and emotional proofs and appeals to support and clarify claims in speeches;(D) choose proofs and appeals that enhance a specific topic, purpose, and tone;(E) choose and develop appropriate devices for introductions and conclusions;(F) choose or produce effective visual supports; and(G) analyze and evaluate the proofs and appeals used in oral or written speech models.(6) Style. The student develops skills in using oral language in public speeches. The student is expected to:(A) distinguish between oral and written language styles;(B) write manuscripts to facilitate language choices and enhance oral style;(C) use rhetorical and stylistic devices to achieve clarity, force, and aesthetic effect;(D) use informal, standard, and technical language appropriately;(E) employ previews, transitions, summaries, signposts, and other appropriate rhetorical strategies to enhance clarity; and(F) evaluate a speaker's style in oral or written speech models.(7) Delivery. The student uses appropriate strategies for rehearsing and presenting speeches. The student is expected to:(A) employ techniques and strategies to reduce communication apprehension, develop self-confidence, and facilitate command of information and ideas;(B) rehearse and employ a variety of delivery strategies;(C) develop verbal, vocal, and physical skills to enhance presentations;(D) use notes, manuscripts, rostrum, visual aids, and/or electronic devices; and(E) interact with audiences appropriately.(8) Evaluation. The student analyzes and evaluates speeches. The student is expected to:(A) use critical, deliberative, and appreciative listening skills to evaluate speeches; and(B) critique speeches using knowledge of rhetorical principles.</content><note type="source"><p>Source Note: The provisions of this §110.57 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.58"><num value="110.58">§110.58</num><heading>Communication Applications (One-Half Credit)</heading><content>(a) Introduction.(1) Understanding and developing skills in communication are fundamental to all other learning and to all levels of human interaction. For successful participation in professional and social life, students must develop effective communication skills. Rapidly expanding technologies and changing social and corporate systems demand that students send clear verbal messages, choose effective nonverbal behaviors, listen for desired results, and apply valid critical-thinking and problem-solving processes. Students enrolled in Communication Applications will be expected to identify, analyze, develop, and evaluate communication skills needed for professional and social success in interpersonal situations, group interactions, and personal and professional presentations.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Communication Applications are described in subsection (b) of this section.(b) Knowledge and skills.(1) Communication process. The student demonstrates knowledge of various communication processes in professional and social contexts. The student is expected to:(A) explain the importance of effective communication skills in professional and social contexts;(B) identify the components of the communication process and their functions;(C) identify standards for making appropriate communication choices for self, listener, occasion, and task;(D) identify the characteristics of oral language and analyze standards for using informal, standard, and technical language appropriately;(E) identify types of nonverbal communication and their effects;(F) recognize the importance of effective nonverbal strategies such as appearance, a firm handshake, direct eye contact, and appropriate use of space and distance;(G) identify the components of the listening process;(H) identify specific kinds of listening such as critical, deliberative, and empathic;(I) recognize the importance of gathering and using accurate and complete information as a basis for making communication decisions;(J) identify and analyze ethical and social responsibilities of communicators; and(K) recognize and analyze appropriate channels of communication in organizations.(2) Interpersonal. The student uses appropriate interpersonal communication strategies in professional and social contexts. The student is expected to:(A) identify types of professional and social relationships, their importance, and the purposes they serve;(B) employ appropriate verbal, nonverbal, and listening skills to enhance interpersonal relationships;(C) use communication management skills to develop appropriate assertiveness, tact, and courtesy;(D) use professional etiquette and protocol in situations such as making introductions, speaking on the telephone, and offering and receiving criticism;(E) send clear and appropriate requests, provide clear and accurate directions, ask appropriate and purposeful questions, and respond appropriately to the requests, directions, and questions of others;(F) participate appropriately in conversations;(G) communicate effectively in interviews;(H) identify and use appropriate strategies for dealing with differences, including gender, ethnicity, and age; and(I) analyze and evaluate the effectiveness of one's own and others' communication.(3) Group communication. The student communicates effectively in groups in professional and social contexts. The student is expected to:(A) identify kinds of groups, their importance, and the purposes they serve;(B) analyze group dynamics and processes for participating effectively in groups;(C) identify and analyze the roles of group members and their influence on group dynamics;(D) demonstrate understanding of group roles and their impact on group effectiveness;(E) use appropriate verbal, nonverbal, and listening skills to promote group effectiveness;(F) identify and analyze leadership styles;(G) use effective communication strategies in leadership roles;(H) use effective communication strategies for solving problems, managing conflicts, and building consensus in groups; and(I) analyze the participation and contributions of group members and evaluate group effectiveness.(4) Presentations. The student makes and evaluates formal and informal professional presentations. The student is expected to:(A) analyze the audience, occasion, and purpose when designing presentations;(B) determine specific topics and purposes for presentations;(C) research topics using primary and secondary sources, including electronic technology;(D) use effective strategies to organize and outline presentations;(E) use information effectively to support and clarify points in presentations;(F) prepare scripts or notes for presentations;(G) prepare and use visual or auditory aids, including technology, to enhance presentations;(H) use appropriate techniques to manage communication apprehension, build self-confidence, and gain command of the information;(I) use effective verbal and nonverbal strategies in presentations;(J) make group presentations to inform, persuade, or motivate an audience;(K) make individual presentations to inform, persuade, or motivate an audience;(L) participate in question-and-answer sessions following presentations;(M) apply critical-listening strategies to evaluate presentations; and(N) evaluate effectiveness of his/her own presentation.</content><note type="source"><p>Source Note: The provisions of this §110.58 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.59"><num value="110.59">§110.59</num><heading>Oral Interpretation I, II, III (One to Three Credits)</heading><content>(a) Introduction.(1) Literature and its presentation are integral to understanding the cultural aspects of a society. Students in Oral Interpretation I, II, III will select, research, analyze, adapt, interpret, and perform literary texts as a communication art. Students focus on intellectual, emotional, sensory, and aesthetic levels of texts to attempt to capture the entirety of the author's work. Individual or group performances of literature will be presented and evaluated.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Oral Interpretation I, II, III, elective courses, are described in subsection (b) of this section.(b) Knowledge and skills.(1) Definition and theory. The student recognizes oral interpretation as a communication art. The student is expected to:(A) explain definitions and theories of oral interpretation as a communication art;(B) analyze the role of the interpreter and the ethical responsibilities to the author, the literary text, and the audience; and(C) develop and use a workable theory of interpretation as a basis for performance choices.(2) Selection. The student selects literature for performance. The student is expected to:(A) select literature appropriate for the reader, the audience, and the occasion;(B) apply standards of literary merit when selecting literature for individual or group performance;(C) choose literature that can be appropriately adapted; and(D) select performance materials from a variety of literary genre.(3) Research. The student uses relevant research to promote understanding of literary works. The student is expected to:(A) read the text to grasp the author's meaning, theme, tone, and purpose; and(B) research the author, author's works, literary criticism, allusions in the text, and definitions and pronunciations of words to enhance understanding and appreciation of the chosen text.(4) Analysis. The student analyzes the chosen text to assess its implications for adaptation, interpretation, and performance. The student is expected to:(A) identify and analyze the literary form or genre;(B) identify and analyze structural elements in the chosen text;(C) identify and analyze the narrative voice and/or other speakers such as personae in the literature;(D) identify and analyze the time, place, and atmosphere;(E) analyze the shifts or transitions in speaker, time, and place to determine who is speaking, to whom they are speaking, where they are speaking, when they are speaking, and for what reason they are speaking;(F) analyze individual units such as paragraphs, verses, sentences, and lines for meaning and specificity;(G) identify descriptive phrases, figures of speech, stylistic devices, and word choices to analyze the imagery in the text;(H) trace the emotional progression of the text; and(I) recognize literal and symbolic meanings, universal themes, or unique aspects of the text.(5) Adaptation. The student adapts written text for individual or group performance based on appropriate research and analysis. The student is expected to:(A) maintain ethical responsibility to author, text, and audience when adapting literature;(B) apply appropriate criteria for lifting scenes and cutting literary selections;(C) use effective strategies for planning and organizing programs focused on a specific theme, author, or central comment; and(D) write appropriate introductions, transitions, and/or conclusions to supplement the text.(6) Interpretation. The student applies research and analysis to make appropriate performance choices. The student is expected to:(A) justify the use or nonuse of manuscript or other aids;(B) justify strategies for the use of focus, gesture, and movement;(C) justify the use of vocal strategies such as rate, pitch, inflection, volume, and pause;(D) justify the use of dialect, pronunciation, enunciation, or articulation; and(E) use research, analysis, personal experiences, and responses to the literature to justify performance choices.(7) Rehearsal and performance. The student uses insights gained from research and analysis to rehearse and perform literature for a variety of audiences and occasions. The student is expected to:(A) use effective rehearsal strategies to promote internalization and visualization of the text;(B) use appropriate rehearsal strategies to develop confidence and enhance effective communication of the text to an audience in individual and group performance;(C) participate in effective group decision-making processes to prepare and present group performances; and(D) present individual and group performances.(8) Evaluation. The student uses critical and appreciative listening to evaluate individual and group performances. The student is expected to:(A) listen critically and appreciatively and respond appropriately to the performances of others;(B) analyze and evaluate various performance styles;(C) use a variety of techniques to evaluate and critique one's own and others' performances; and(D) set goals for future performances based on evaluation.</content><note type="source"><p>Source Note: The provisions of this §110.59 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.60"><num value="110.60">§110.60</num><heading>Debate I, II, III (One to Three Credits)</heading><content>(a) Introduction.(1) Controversial issues arise in aspects of personal, social public, and professional life in modern society. Debate and argumentation are widely used to make decisions and reduce conflict. Students who develop skills in argumentation and debate become interested in current issues, develop sound critical thinking, and sharpen communication skills. They acquire life-long skills for intelligently approaching controversial issues.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Debate I, II, III, elective courses, are described in subsection (b) of this section.(b) Knowledge and skills.(1) Role in society. The student examines the historical and contemporary contributions of debate in decision-making and democratic processes. The student is expected to:(A) identify the historical and contemporary use of debate in social, political, and religious arenas;(B) examine the role of the forensic progression of discussion, persuasion, and debate in dealing with controversial issues; and(C) recognize the role of argumentation and debate as an effective means of analyzing issues, discovering truth, finding solutions to problems, and understanding opposing viewpoints.(2) Analysis of issues. The student analyzes controversial issues. The student is expected to:(A) use appropriate standards to analyze and interpret propositions of fact, value, problem, and policy;(B) accurately phrase and define debatable propositions;(C) analyze and evaluate propositions and related issues presented in academic and public settings; and(D) recognize, analyze, and use various debate formats to support propositions.(3) Propositions of value. The student develops and demonstrates skills for debating propositions of value. The student is expected to:(A) explain the concept of a value as it applies to a debate;(B) analyze the role of value assumptions in formulating and evaluating argument;(C) analyze the works of classical and contemporary philosophers;(D) apply various standards for evaluating propositions of value;(E) apply value assumptions and/or classical and contemporary philosophies appropriately in formulating arguments;(F) develop and use valid approaches to construct affirmative and negative cases;(G) use valid proofs appropriately to support claims in propositions of value;(H) construct briefs for value propositions; and(I) apply voting criteria to value propositions.(4) Propositions of policy. The student develops and demonstrates skills for debating propositions of policy. The student is expected to:(A) evaluate implications of stock issues in affirmative and negative case construction and refutation;(B) use and evaluate a variety of valid strategies to construct affirmative and negative cases;(C) construct debate briefs for policy propositions; and(D) analyze and adapt approaches to accommodate a variety of judging paradigms.(5) Logic. The student applies critical thinking, logic, and reasoning in debate. The student is expected to:(A) analyze and create arguments using various forms of logic such as inductive and deductive reasoning, syllogisms, traditional models of logic, and cause-effect;(B) identify fallacies in reasoning and apply standards of validity and relevancy in analyzing and constructing argument; and(C) analyze the role of value assumptions in personal, social, and political conflicts.(6) Proof. The student utilizes research and proof in debate. The student is expected to:(A) locate and use a variety of reliable technological and print sources;(B) identify and apply standard tests of evidence for choosing appropriate logical proofs;(C) demonstrate skill in recording and organizing information; and(D) utilize ethical guidelines for debate research and use of evidence.(7) Case construction. The student identifies and applies the basic concepts of debate case construction. The student is expected to:(A) identify the roles and responsibilities of the affirmative and negative positions;(B) explain and apply the distinctive approaches to prima facie case construction; and(C) use a variety of approaches to construct logical affirmative and negative cases.(8) Refutation. The student identifies and applies the basic concepts of argumentation and refutation. The student is expected to:(A) listen critically to formulate responses;(B) take accurate notes during argumentation such as flow a debate;(C) analyze and apply a variety of approaches for refuting and defending arguments;(D) recognize and use effective cross-examination strategies; and(E) extend cross-examination responses into refutation.(9) Delivery. The student uses effective communication skills in debating. The student is expected to:(A) use precise language and effective verbal skills in argumentation and debate;(B) use effective nonverbal communication in argumentation and debate;(C) use effective critical-listening strategies in argumentation and debate;(D) demonstrate ethical behavior and courtesy during debate; and(E) develop extemporaneous speaking skills.(10) Evaluation. The student evaluates and critiques debates. The student is expected to:(A) use a knowledge of debate principles to develop and apply evaluation standards for various debate formats; and(B) provide valid and constructive written and/or oral critiques of debates.</content><note type="source"><p>Source Note: The provisions of this §110.60 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.61"><num value="110.61">§110.61</num><heading>Independent Study in Speech (One-Half to One Credit)</heading><content>(a) Introduction.(1) Communication skills are important in all aspects of life. Students who have mastered concepts and developed skills in introductory courses should be provided with opportunities to extend their knowledge and expand their skills in more advanced study. Independent Study in Speech provides opportunities for advanced students to plan, organize, produce, perform, and evaluate a project that enables them to develop advanced skills in communication, critical thinking, and problem solving.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Independent Study in Speech, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) Propose. The student plans and designs an independent study project. The student is expected to:(A) select a topic and define a purpose for an independent study project focused on a specific aspect of communication;(B) review the research related to the topics identified;(C) develop a formal proposal for the project; and(D) plan the format and develop the timelines for production and presentation.(2) Research. The student conducts research to support and develop the approved project. The student is expected to:(A) locate and gather information from a variety of primary and secondary sources, including electronic technology;(B) use systematic strategies to organize and record information; and(C) analyze the research data and develop conclusions to provide a basis for the project.(3) Produce. The student produces the final product for the project. The student is expected to:(A) limit the chosen topic, purpose, and format for the presentation;(B) develop systematic strategies to document the project;(C) develop appropriate evaluation strategies for each aspect of the production and presentation of the project;(D) organize and outline the text for the presentation;(E) choose appropriate proofs, literary texts, and/or scenes to develop and support the text;(F) produce a written text of superior quality; and(G) review and revise plans, outlines, and scripts with the teacher.(4) Rehearse and present. The student presents the final product. The student is expected to:(A) use rehearsal strategies to gain command of the text and enhance the communication and staging of the presentation;(B) demonstrate appropriate verbal and nonverbal communication skills to enhance and enliven the presentation;(C) use appropriate visual and auditory aids to support, create interest, and/or add aesthetic appeal to the final presentation; and(D) document the progress of the project and submit the final written text or script.(5) Evaluate. The student and designated individuals evaluate the project. The student is expected to:(A) use strategies to evaluate the project and the presentation; and(B) analyze problems related to the project and assess implications for future projects.</content><note type="source"><p>Source Note: The provisions of this §110.61 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.62"><num value="110.62">§110.62</num><heading>Journalism (One-Half to One Credit)</heading><content>(a) Introduction.(1) Students enrolled in Journalism write in a variety of forms for a variety of audiences and purposes. High school students enrolled in this course are expected to plan, draft, and complete written compositions on a regular basis, carefully examining their papers for clarity, engaging language, and the correct use of the conventions and mechanics of written English. In Journalism, students are expected to write in a variety of forms and for a variety of audiences and purposes. Students will become analytical consumers of media and technology to enhance their communication skills. Published work of professional journalists, technology, and visual and electronic media are used as tools for learning as students create, clarify, critique, write, and produce effective communications. Students enrolled in Journalism will learn journalistic traditions, research self-selected topics, write journalistic texts, and learn the principles of publishing.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Journalism, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student demonstrates an understanding of media development, press law, and responsibility. The student is expected to:(A) identify the history and development of American journalism through people and events;(B) identify the foundations of press law, including copyright law, the fair use exemption, and the ownership of intellectual property;(C) identify the foundations of journalistic ethics;(D) distinguish between responsible and irresponsible media action; and(E) understand the consequences of plagiarism.(2) The student demonstrates an understanding of the different forms of media and the different types of journalistic writing. The student is expected to:(A) distinguish the similarities and differences of print, broadcast, and online media; and(B) distinguish the similarities and differences of news, feature, and opinion writing.(3) The student reports and writes for a variety of audiences and purposes and researches self-selected topics to write journalistic texts. The student is expected to:(A) demonstrate an understanding of the elements of news;(B) select the most appropriate journalistic format to present content;(C) locate information sources such as persons, databases, reports, and past interviews; gather background information; and research to prepare for an interview or investigate a topic;(D) plan and write relevant questions for an interview or in-depth research;(E) gather information through interviews (in person or telephone);(F) evaluate and confirm the validity of background information from a variety of sources such as other qualified persons, books, and reports;(G) write copy synthesizing direct and indirect quotes and other research;(H) use journalistic style to write copy;(I) revise and edit copy using appropriate copy editing symbols;(J) rewrite copy;(K) create different forms of journalistic writing such as reviews, ad copy, columns, news, features, and editorials to inform, entertain, and/or persuade;(L) write captions; and(M) demonstrate an understanding of the function of headlines through the writing of headlines.(4) The student demonstrates understanding of the principles of publishing through design using available technologies. The student is expected to:(A) identify the appropriate form of journalistic publication to present content such as newspapers, newsmagazines, online media, broadcasts, and newsletters;(B) design elements into an acceptable presentation;(C) use illustrations or photographs that have been cropped to communicate and emphasize a topic;(D) use graphic devices such as lines, screens, and art to communicate and emphasize a topic; and(E) prepare a layout for publication.(5) The student demonstrates an understanding of the economics of publishing. The student is expected to:(A) understand general salesmanship in selling professional or student-produced publications;(B) differentiate between advertising appeals and propaganda;(C) differentiate between the various types of advertising such as classified, display, public service, and online advertising; and(D) design an advertisement for a particular audience.</content><note type="source"><p>Source Note: The provisions of this §110.62 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.63"><num value="110.63">§110.63</num><heading>Independent Study in Journalism (One-Half to One Credit)</heading><content>(a) Introduction.(1) Students enrolled in Independent Study in Journalism write in a variety of forms for a variety of audiences and purposes. High school students enrolled in this course are expected to plan, draft, and complete written communications on a regular basis, carefully examining their copy for clarity, engaging language, and the correct use of the conventions and mechanics of written English. Students will become analytical consumers of media and technology to enhance their communication skills. Published work of professional journalists, technology, and visual and electronic media are used as tools for learning as students create, clarify, critique, write, and produce effective communications. Students enrolled in Independent Study in Journalism will refine and enhance their journalistic skills, research self-selected topics, plan, organize, and prepare a project(s).(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Independent Study in Journalism, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student refines and enhances journalistic skills. The student is expected to:(A) formulate questions, refine topics, and clarify ideas;(B) organize and support what is known and what needs to be learned about a topic;(C) compile information from primary and secondary sources using available technology;(D) organize information from multiple sources, including primary and secondary sources;(E) link related information and ideas from a variety of sources;(F) evaluate product based on journalistic standards;(G) understand and apply press law and journalistic ethics, including copyright law, the fair use exemption, and the ownership of intellectual property; and(H) understand the consequences of plagiarism.(2) The student produces visual representations that communicate with others. The student is expected to:(A) conduct a research project(s) with instructor guidance and produce an original work in print or another medium demonstrating advanced skill; and(B) use a range of techniques in planning and creating projects.</content><note type="source"><p>Source Note: The provisions of this §110.63 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.64"><num value="110.64">§110.64</num><heading>Advanced Broadcast Journalism I, II, III (One-Half Credit to One Credit)</heading><content>(a) Introduction.(1) Students need to be critical viewers, consumers, and producers of media. The ability to access, analyze, evaluate, and produce communication in a variety of forms is an important part of language development. High school students enrolled in this course will apply and use their journalistic skills for a variety of purposes. Students will learn the laws and ethical considerations that affect broadcast journalism; learn the role and function of broadcast journalism; critique and analyze the significance of visual representations; and learn to produce by creating a broadcast journalism product.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Advanced Broadcast Journalism I, II, III, elective courses, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student demonstrates an understanding of broadcast media development, law, and responsibility to cover subjects of interest and importance to the audience. The student is expected to:(A) identify the historical development of broadcasting from early radio to present-day formats, including radio, television, and online media;(B) identify the function and role in society of broadcast media, including radio, television, and online broadcasts;(C) understand and apply the laws affecting broadcast journalism, including copyright law, the fair use exemption, and the ownership of intellectual property;(D) understand and apply ethical considerations affecting broadcast journalism;(E) understand the consequences of plagiarism;(F) explore the impact of broadcast formats on society;(G) seek viewer opinions on the broadcast to determine its impact on future programming; and(H) identify the strategies of broadcasting to reach certain audiences, including programming decisions.(2) The student understands how broadcast productions are created and disseminated. The student is expected to:(A) understand the role of various personnel, including producers, station managers, technical directors, camera operators, webmasters, and news anchors, in broadcast journalism;(B) understand the economics of broadcasting such as advertising and public funds;(C) consider finances in making decisions, including air time, length of program, and content;(D) create and execute a financial plan for programming; and(E) identify technical elements of broadcast production used to create and deliver broadcast programming such as school cable systems and live web streaming.(3) The student produces programming such as newscasts, interviews, and public service announcements. The student is expected to:(A) determine which events and issues are newsworthy for an audience and write appropriate copy for the content;(B) select the most appropriate journalistic format to present content such as school cable systems and websites;(C) apply pre-production skills such as storyboarding, scriptwriting, and scheduling;(D) apply skills in reporting and writing to produce programs required to meet entry-level professional expectations;(E) create programs that involve skills such as camera angles and movements, audio, lighting, and incorporation of graphics;(F) deliver content that addresses tone, facial expressions, appearance, emphasis on key ideas, fluency, and rate;(G) deliver content that demonstrates the development of a professional identity in the community;(H) apply post-production skills such as editing, voice-overs, and transitions;(I) demonstrate knowledge of new and emerging technologies that may affect the field; and(J) critique the broadcast to find its strengths and weaknesses to improve products based on those critiques.(4) The student demonstrates leadership and teamwork abilities. The student is expected to:(A) determine roles for which different team members will assume responsibility;(B) work cooperatively and collaboratively through a variety of staff assignments;(C) listen actively and critically and then respond appropriately to team members;(D) develop a deadline schedule and a regular means of monitoring progress;(E) submit work for editing and critiquing and make appropriate revisions; and(F) edit and critique work of others.</content><note type="source"><p>Source Note: The provisions of this §110.64 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.65"><num value="110.65">§110.65</num><heading>Photojournalism (One-Half to One Credit)</heading><content>(a) Introduction.(1) Students enrolled in Photojournalism communicate in a variety of forms for a variety of audiences and purposes. High school students are expected to plan, interpret, and critique visual representation, carefully examining their product for publication. Students will become analytical consumers of media and technology to enhance their communication skills. High school students will study the laws and ethical considerations that impact photography. Published photos of professional photojournalists, technology, and visual and electronic media are used as tools for learning as students create, clarify, critique, and produce effective visual representations. Students enrolled in this course will refine and enhance their journalistic skills and plan, prepare, and produce photographs for a journalistic publication, whether print, digital, or online media.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Photojournalism, an elective course, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student interprets/critiques visual representations. The student is expected to:(A) recognize the major events in the development of modern-day photography;(B) recognize composition principles and their impact on photography;(C) recognize and apply ethical and legal standards to all aspects of photojournalism, including copyright law, the fair use exemption, and the ownership of intellectual property;(D) recognize the impact of electronic technology and future trends in digital imaging on the traditional field of photojournalism; and(E) understand the consequences of plagiarism.(2) The student produces visual representations that communicate with others. The student is expected to:(A) identify the basic parts of a camera and their functions;(B) manipulate shutter speed, ISO, and aperture/F-stop to produce different effects in photos;(C) produce a properly exposed photo where the subject is sharply focused;(D) produce photos that apply the composition principles;(E) use lighting and be aware of its qualities such as direction, intensity, color, and the use of artificial light;(F) stop action by determining appropriate shutter speed or use panning or hand holding with slower shutter speeds;(G) evaluate technical qualities of photos;(H) use appropriate equipment to download images and make prints or upload images; and(I) improve photo quality by using appropriate technology.(3) The student incorporates photographs into journalistic publications. The student is expected to:(A) plan photo layouts;(B) illustrate events with appropriate photos and captions;(C) plan photographs in relation to assignments from an editor;(D) create a system for organizing deadlines and camera equipment and for filing photos for publication;(E) create and publish slideshow packages using available technology; and(F) publish photos in both print and online formats.</content><note type="source"><p>Source Note: The provisions of this §110.65 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scC/s110.66"><num value="110.66">§110.66</num><heading>Advanced Journalism: Yearbook I, II, III/Newspaper I, II, III/Literary Magazine (One-Half to One Credit)</heading><content>(a) Introduction.(1) Students enrolled in Advanced Journalism: Yearbook I, II, III/Newspaper I, II, III/Literary Magazine communicate in a variety of forms such as print, digital, or online media for a variety of audiences and purposes. High school students are expected to plan, draft, and complete written and/or visual communications on a regular basis, carefully examining their copy for clarity, engaging language, and the correct use of the conventions and mechanics of written English. In Advanced Journalism: Yearbook I, II, III/Newspaper I, II, III/Literary Magazine, students are expected to become analytical consumers of media and technology to enhance their communication skills. In addition, students will apply journalistic ethics and standards. Published works of professional journalists, technology, and visual and electronic media are used as tools for learning as students create, clarify, critique, write, and produce effective communications. Students enrolled in Advanced Journalism: Yearbook I, II, III/Newspaper I, II, III/Literary Magazine will refine and enhance their journalistic skills, research self-selected topics, and plan, organize, and prepare a project(s) in one or more forms of media.(2) For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) The essential knowledge and skills as well as the student expectations for Advanced Journalism: Yearbook I, II, III/Newspaper I, II, III/Literary Magazine, elective courses, are described in subsection (b) of this section.(b) Knowledge and skills.(1) The student understands individual and staff responsibilities of coverage appropriate for the publication's audience. The student is expected to:(A) understand the role and responsibilities of each staff member and the purpose of the publication;(B) use the skills necessary to plan and produce a publication;(C) read both professional publications and other student-produced publications to generate story and design ideas for the local publication;(D) conduct research using a variety of sources such as interviews with primary sources, databases, or published reports; and(E) conceive coverage ideas for packaged presentations of material, including, but not limited to, copy, infographics, sidebars, photos, art, and multimedia components.(2) The student understands media law and journalistic ethics and standards and the responsibility to cover subjects of interest and importance to the audience. The student is expected to:(A) find a variety of credible sources to provide balanced coverage;(B) compose the story accurately keeping his/her own opinion out of non-editorial coverage;(C) provide editorial coverage to inform and encourage the reader to make intelligent decisions;(D) critique the publication to find its strengths and weaknesses to improve products based on those critiques;(E) seek non-staff opinion on the publication to determine its impact on future publications;(F) understand the consequences of plagiarism; and(G) understand and apply copyright law, the fair use exemption, and the ownership of intellectual property.(3) The student understands all aspects of a publication and the means by which that publication is created. The student is expected to:(A) identify elements used to create publications;(B) create and execute a financial plan for supporting publications such as sales and advertising; and(C) consider finances in making decisions, including number of pages and cost-incurring extras such as color, paper quality, and number of copies for print publications.(4) The student produces publications. The student is expected to:(A) determine which events and issues are newsworthy for the audience;(B) select the most appropriate journalistic format to present content;(C) apply skills in reporting and writing to produce publications;(D) design pages for publications;(E) plan and produce photographs for publications;(F) incorporate graphics into publications;(G) write and design headlines for publications;(H) research and write captions for publications;(I) produce publications using available technology; and(J) evaluate stories and coverage for balance and readability.(5) The student demonstrates leadership and teamwork abilities. The student is expected to:(A) determine roles for which different team members will assume responsibility;(B) work cooperatively and collaboratively through a variety of staff assignments;(C) determine coverage and concepts for publications;(D) develop a deadline schedule and a regular means of monitoring progress;(E) listen actively and critically and then respond appropriately to team members;(F) submit work for editing and critiquing and make appropriate revisions; and(G) edit and critique work of others.</content><note type="source"><p>Source Note: The provisions of this §110.66 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 22, 2011, 35 TexReg 3261.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c110/scD"><num value="D">SUBCHAPTER D</num><heading>OTHER HIGH SCHOOL ENGLISH LANGUAGE ARTS AND READING COURSES</heading><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.81"><num value="110.81">§110.81</num><heading>Implementation of Texas Essential Knowledge and Skills for English Language Arts and Reading, Other High School English Language Arts and Reading Courses</heading><content>The provisions of this subchapter shall be implemented by school districts beginning September 1, 1998.</content><note type="source"><p>Source Note: The provisions of this §110.81 adopted to be effective September 1, 1998, 22 TexReg 7549.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.83"><num value="110.83">§110.83</num><heading>Advanced Placement (AP) English Language and Composition (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisites: English II.(b) Content requirements. Content requirements for Advanced Placement (AP) English Language and Composition are prescribed in the College Board Publication Advanced Placement Course Description: English, published by The College Board. This publication may be obtained from the College Board Advanced Placement Program.</content><note type="source"><p>Source Note: The provisions of this §110.83 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 27, 2018, 43 TexReg 5525.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.84"><num value="110.84">§110.84</num><heading>Advanced Placement (AP) English Literature and Composition (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: English III or Advanced Placement (AP) English Language and Composition.(b) Content requirements. Content requirements for Advanced Placement (AP) English Literature and Composition are prescribed in the College Board Publication Advanced Placement Course Description: English, published by The College Board. This publication may be obtained from the College Board Advanced Placement Program.</content><note type="source"><p>Source Note: The provisions of this §110.84 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 27, 2018, 43 TexReg 5525.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.86"><num value="110.86">§110.86</num><heading>International Baccalaureate (IB) Language Studies A: Language and Literature Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisite: English II. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Language Studies A: Language and Literature Standard Level are prescribed by the International Baccalaureate Organization and in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010) and §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010). Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §110.86 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 27, 2018, 43 TexReg 4201.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.87"><num value="110.87">§110.87</num><heading>International Baccalaureate (IB) Language Studies A: Language and Literature Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisite: English II. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Language Studies A: Language and Literature Higher Level are prescribed by the International Baccalaureate Organization and in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010) and §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010). Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §110.87 adopted to be effective September 1, 1998, 22 TexReg 7549; amended to be effective August 27, 2018, 43 TexReg 4201.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.88"><num value="110.88">§110.88</num><heading>Concurrent Enrollment in College Courses</heading><content>(a) General requirements. Students shall be awarded one-half credit for each semester of successful completion of a college course in which the student is concurrently enrolled while in high school.(b) Content requirements. In order for students to receive state graduation credit for concurrent enrollment courses, content requirements must meet or exceed the essential knowledge and skills in a given course.</content><note type="source"><p>Source Note: The provisions of this §110.88 adopted to be effective September 1, 1998, 22 TexReg 7549.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.89"><num value="110.89">§110.89</num><heading>International Baccalaureate (IB) Language Studies A: Literature Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion this course. Recommended prerequisite: English II. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Language Studies A: Literature Standard Level are prescribed by the International Baccalaureate Organization and in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010) and §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010). Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §110.89 adopted to be effective August 27, 2018, 43 TexReg 4201.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.90"><num value="110.90">§110.90</num><heading>International Baccalaureate (IB) Language Studies A: Literature Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisite: English II. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Language Studies A: Literature Higher Level are prescribed by the International Baccalaureate Organization and in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010) and §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010). Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §110.90 adopted to be effective August 27, 2018, 43 TexReg 4201.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.91"><num value="110.91">§110.91</num><heading>International Baccalaureate (IB) Literature and Performance Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisite: English II. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Literature and Performance Standard Level are prescribed by the International Baccalaureate Organization and in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010) and §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010). Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §110.91 adopted to be effective August 27, 2018, 43 TexReg 4201.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.92"><num value="110.92">§110.92</num><heading>International Baccalaureate (IB) Philosophy Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisite: English II. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Philosophy Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §110.92 adopted to be effective August 27, 2018, 43 TexReg 4201.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c110/scD/s110.93"><num value="110.93">§110.93</num><heading>International Baccalaureate (IB) Philosophy Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisite: English II. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Philosophy Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §110.93 adopted to be effective August 27, 2018, 43 TexReg 4201.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c111"><num value="111">CHAPTER 111</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR MATHEMATICS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c111/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c111/scA/s111.1"><num value="111.1">§111.1</num><heading>Implementation of Texas Essential Knowledge and Skills for Mathematics, Elementary, Adopted 2012</heading><content>(a) The provisions of §§111.2-111.7 of this subchapter shall be implemented by school districts.(b) No later than August 31, 2013, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for mathematics as adopted in §§111.2-111.7 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§111.2-111.7 of this subchapter shall be implemented beginning with the 2014-2015 school year and apply to the 2014-2015 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§111.2-111.7 of this subchapter shall be implemented for the following school year.</content><note type="source"><p>Source Note: The provisions of this §111.1 adopted to be effective September 10, 2012, 37 TexReg 7109; amended to be effective December 31, 2014, 39 TexReg 10470.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scA/s111.2"><num value="111.2">§111.2</num><heading>Kindergarten, Adopted 2012</heading><content>(a) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) For students to become fluent in mathematics, students must develop a robust sense of number. The National Research Council's report, "Adding It Up," defines procedural fluency as "skill in carrying out procedures flexibly, accurately, efficiently, and appropriately." As students develop procedural fluency, they must also realize that true problem solving may take time, effort, and perseverance. Students in Kindergarten are expected to perform their work without the use of calculators.(4) The primary focal areas in Kindergarten are understanding counting and cardinality, understanding addition as joining and subtraction as separating, and comparing objects by measurable attributes.(A) Students develop number and operations through several fundamental concepts. Students know number names and the counting sequence. Counting and cardinality lay a solid foundation for number. Students apply the principles of counting to make the connection between numbers and quantities.(B) Students use meanings of numbers to create strategies for solving problems and responding to practical situations involving addition and subtraction.(C) Students identify characteristics of objects that can be measured and directly compare objects according to these measurable attributes.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Number and operations. The student applies mathematical process standards to understand how to represent and compare whole numbers, the relative position and magnitude of whole numbers, and relationships within the numeration system. The student is expected to:(A) count forward and backward to at least 20 with and without objects;(B) read, write, and represent whole numbers from 0 to at least 20 with and without objects or pictures;(C) count a set of objects up to at least 20 and demonstrate that the last number said tells the number of objects in the set regardless of their arrangement or order;(D) recognize instantly the quantity of a small group of objects in organized and random arrangements;(E) generate a set using concrete and pictorial models that represents a number that is more than, less than, and equal to a given number up to 20;(F) generate a number that is one more than or one less than another number up to at least 20;(G) compare sets of objects up to at least 20 in each set using comparative language;(H) use comparative language to describe two numbers up to 20 presented as written numerals; and(I) compose and decompose numbers up to 10 with objects and pictures.(3) Number and operations. The student applies mathematical process standards to develop an understanding of addition and subtraction situations in order to solve problems. The student is expected to:(A) model the action of joining to represent addition and the action of separating to represent subtraction;(B) solve word problems using objects and drawings to find sums up to 10 and differences within 10; and(C) explain the strategies used to solve problems involving adding and subtracting within 10 using spoken words, concrete and pictorial models, and number sentences.(4) Number and operations. The student applies mathematical process standards to identify coins in order to recognize the need for monetary transactions. The student is expected to identify U.S. coins by name, including pennies, nickels, dimes, and quarters.(5) Algebraic reasoning. The student applies mathematical process standards to identify the pattern in the number word list. The student is expected to recite numbers up to at least 100 by ones and tens beginning with any given number.(6) Geometry and measurement. The student applies mathematical process standards to analyze attributes of two-dimensional shapes and three-dimensional solids to develop generalizations about their properties. The student is expected to:(A) identify two-dimensional shapes, including circles, triangles, rectangles, and squares as special rectangles;(B) identify three-dimensional solids, including cylinders, cones, spheres, and cubes, in the real world;(C) identify two-dimensional components of three-dimensional objects;(D) identify attributes of two-dimensional shapes using informal and formal geometric language interchangeably;(E) classify and sort a variety of regular and irregular two- and three-dimensional figures regardless of orientation or size; and(F) create two-dimensional shapes using a variety of materials and drawings.(7) Geometry and measurement. The student applies mathematical process standards to directly compare measurable attributes. The student is expected to:(A) give an example of a measurable attribute of a given object, including length, capacity, and weight; and(B) compare two objects with a common measurable attribute to see which object has more of/less of the attribute and describe the difference.(8) Data analysis. The student applies mathematical process standards to collect and organize data to make it useful for interpreting information. The student is expected to:(A) collect, sort, and organize data into two or three categories;(B) use data to create real-object and picture graphs; and(C) draw conclusions from real-object and picture graphs.(9) Personal financial literacy. The student applies mathematical process standards to manage one's financial resources effectively for lifetime financial security. The student is expected to:(A) identify ways to earn income;(B) differentiate between money received as income and money received as gifts;(C) list simple skills required for jobs; and(D) distinguish between wants and needs and identify income as a source to meet one's wants and needs.</content><note type="source"><p>Source Note: The provisions of this §111.2 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scA/s111.3"><num value="111.3">§111.3</num><heading>Grade 1, Adopted 2012</heading><content>(a) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) For students to become fluent in mathematics, students must develop a robust sense of number. The National Research Council's report, "Adding It Up," defines procedural fluency as "skill in carrying out procedures flexibly, accurately, efficiently, and appropriately." As students develop procedural fluency, they must also realize that true problem solving may take time, effort, and perseverance. Students in Grade 1 are expected to perform their work without the use of calculators.(4) The primary focal areas in Grade 1 are understanding and applying place value, solving problems involving addition and subtraction, and composing and decomposing two-dimensional shapes and three-dimensional solids.(A) Students use relationships within the numeration system to understand the sequential order of the counting numbers and their relative magnitude.(B) Students extend their use of addition and subtraction beyond the actions of joining and separating to include comparing and combining. Students use properties of operations and the relationship between addition and subtraction to solve problems. By comparing a variety of solution strategies, students use efficient, accurate, and generalizable methods to perform operations.(C) Students use basic shapes and spatial reasoning to model objects in their environment and construct more complex shapes. Students are able to identify, name, and describe basic two-dimensional shapes and three-dimensional solids.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Number and operations. The student applies mathematical process standards to represent and compare whole numbers, the relative position and magnitude of whole numbers, and relationships within the numeration system related to place value. The student is expected to:(A) recognize instantly the quantity of structured arrangements;(B) use concrete and pictorial models to compose and decompose numbers up to 120 in more than one way as so many hundreds, so many tens, and so many ones;(C) use objects, pictures, and expanded and standard forms to represent numbers up to 120;(D) generate a number that is greater than or less than a given whole number up to 120;(E) use place value to compare whole numbers up to 120 using comparative language;(F) order whole numbers up to 120 using place value and open number lines; and(G) represent the comparison of two numbers to 100 using the symbols >, <, or =.(3) Number and operations. The student applies mathematical process standards to develop and use strategies for whole number addition and subtraction computations in order to solve problems. The student is expected to:(A) use concrete and pictorial models to determine the sum of a multiple of 10 and a one-digit number in problems up to 99;(B) use objects and pictorial models to solve word problems involving joining, separating, and comparing sets within 20 and unknowns as any one of the terms in the problem such as 2 + 4 = [ ]; 3 + [ ] = 7; and 5 = [ ] - 3;(C) compose 10 with two or more addends with and without concrete objects;(D) apply basic fact strategies to add and subtract within 20, including making 10 and decomposing a number leading to a 10;(E) explain strategies used to solve addition and subtraction problems up to 20 using spoken words, objects, pictorial models, and number sentences; and(F) generate and solve problem situations when given a number sentence involving addition or subtraction of numbers within 20.(4) Number and operations. The student applies mathematical process standards to identify coins, their values, and the relationships among them in order to recognize the need for monetary transactions. The student is expected to:(A) identify U.S. coins, including pennies, nickels, dimes, and quarters, by value and describe the relationships among them;(B) write a number with the cent symbol to describe the value of a coin; and(C) use relationships to count by twos, fives, and tens to determine the value of a collection of pennies, nickels, and/or dimes.(5) Algebraic reasoning. The student applies mathematical process standards to identify and apply number patterns within properties of numbers and operations in order to describe relationships. The student is expected to:(A) recite numbers forward and backward from any given number between 1 and 120;(B) skip count by twos, fives, and tens to determine the total number of objects up to 120 in a set;(C) use relationships to determine the number that is 10 more and 10 less than a given number up to 120;(D) represent word problems involving addition and subtraction of whole numbers up to 20 using concrete and pictorial models and number sentences;(E) understand that the equal sign represents a relationship where expressions on each side of the equal sign represent the same value(s);(F) determine the unknown whole number in an addition or subtraction equation when the unknown may be any one of the three or four terms in the equation; and(G) apply properties of operations to add and subtract two or three numbers.(6) Geometry and measurement. The student applies mathematical process standards to analyze attributes of two-dimensional shapes and three-dimensional solids to develop generalizations about their properties. The student is expected to:(A) classify and sort regular and irregular two-dimensional shapes based on attributes using informal geometric language;(B) distinguish between attributes that define a two-dimensional or three-dimensional figure and attributes that do not define the shape;(C) create two-dimensional figures, including circles, triangles, rectangles, and squares, as special rectangles, rhombuses, and hexagons;(D) identify two-dimensional shapes, including circles, triangles, rectangles, and squares, as special rectangles, rhombuses, and hexagons and describe their attributes using formal geometric language;(E) identify three-dimensional solids, including spheres, cones, cylinders, rectangular prisms (including cubes), and triangular prisms, and describe their attributes using formal geometric language;(F) compose two-dimensional shapes by joining two, three, or four figures to produce a target shape in more than one way if possible;(G) partition two-dimensional figures into two and four fair shares or equal parts and describe the parts using words; and(H) identify examples and non-examples of halves and fourths.(7) Geometry and measurement. The student applies mathematical process standards to select and use units to describe length and time. The student is expected to:(A) use measuring tools to measure the length of objects to reinforce the continuous nature of linear measurement;(B) illustrate that the length of an object is the number of same-size units of length that, when laid end-to-end with no gaps or overlaps, reach from one end of the object to the other;(C) measure the same object/distance with units of two different lengths and describe how and why the measurements differ;(D) describe a length to the nearest whole unit using a number and a unit; and(E) tell time to the hour and half hour using analog and digital clocks.(8) Data analysis. The student applies mathematical process standards to organize data to make it useful for interpreting information and solving problems. The student is expected to:(A) collect, sort, and organize data in up to three categories using models/representations such as tally marks or T-charts;(B) use data to create picture and bar-type graphs; and(C) draw conclusions and generate and answer questions using information from picture and bar-type graphs.(9) Personal financial literacy. The student applies mathematical process standards to manage one's financial resources effectively for lifetime financial security. The student is expected to:(A) define money earned as income;(B) identify income as a means of obtaining goods and services, oftentimes making choices between wants and needs;(C) distinguish between spending and saving; and(D) consider charitable giving.</content><note type="source"><p>Source Note: The provisions of this §111.3 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scA/s111.4"><num value="111.4">§111.4</num><heading>Grade 2, Adopted 2012</heading><content>(a) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) For students to become fluent in mathematics, students must develop a robust sense of number. The National Research Council's report, "Adding It Up," defines procedural fluency as "skill in carrying out procedures flexibly, accurately, efficiently, and appropriately." As students develop procedural fluency, they must also realize that true problem solving may take time, effort, and perseverance. Students in Grade 2 are expected to perform their work without the use of calculators.(4) The primary focal areas in Grade 2 are making comparisons within the base-10 place value system, solving problems with addition and subtraction within 1,000, and building foundations for multiplication.(A) Students develop an understanding of the base-10 place value system and place value concepts. The students' understanding of base-10 place value includes ideas of counting in units and multiples of thousands, hundreds, tens, and ones and a grasp of number relationships, which students demonstrate in a variety of ways.(B) Students identify situations in which addition and subtraction are useful to solve problems. Students develop a variety of strategies to use efficient, accurate, and generalizable methods to add and subtract multi-digit whole numbers.(C) Students use the relationship between skip counting and equal groups of objects to represent the addition or subtraction of equivalent sets, which builds a strong foundation for multiplication and division.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Number and operations. The student applies mathematical process standards to understand how to represent and compare whole numbers, the relative position and magnitude of whole numbers, and relationships within the numeration system related to place value. The student is expected to:(A) use concrete and pictorial models to compose and decompose numbers up to 1,200 in more than one way as a sum of so many thousands, hundreds, tens, and ones;(B) use standard, word, and expanded forms to represent numbers up to 1,200;(C) generate a number that is greater than or less than a given whole number up to 1,200;(D) use place value to compare and order whole numbers up to 1,200 using comparative language, numbers, and symbols (>, <, or =);(E) locate the position of a given whole number on an open number line; and(F) name the whole number that corresponds to a specific point on a number line.(3) Number and operations. The student applies mathematical process standards to recognize and represent fractional units and communicates how they are used to name parts of a whole. The student is expected to:(A) partition objects into equal parts and name the parts, including halves, fourths, and eighths, using words;(B) explain that the more fractional parts used to make a whole, the smaller the part; and the fewer the fractional parts, the larger the part;(C) use concrete models to count fractional parts beyond one whole using words and recognize how many parts it takes to equal one whole; and(D) identify examples and non-examples of halves, fourths, and eighths.(4) Number and operations. The student applies mathematical process standards to develop and use strategies and methods for whole number computations in order to solve addition and subtraction problems with efficiency and accuracy. The student is expected to:(A) recall basic facts to add and subtract within 20 with automaticity;(B) add up to four two-digit numbers and subtract two-digit numbers using mental strategies and algorithms based on knowledge of place value and properties of operations;(C) solve one-step and multi-step word problems involving addition and subtraction within 1,000 using a variety of strategies based on place value, including algorithms; and(D) generate and solve problem situations for a given mathematical number sentence involving addition and subtraction of whole numbers within 1,000.(5) Number and operations. The student applies mathematical process standards to determine the value of coins in order to solve monetary transactions. The student is expected to:(A) determine the value of a collection of coins up to one dollar; and(B) use the cent symbol, dollar sign, and the decimal point to name the value of a collection of coins.(6) Number and operations. The student applies mathematical process standards to connect repeated addition and subtraction to multiplication and division situations that involve equal groupings and shares. The student is expected to:(A) model, create, and describe contextual multiplication situations in which equivalent sets of concrete objects are joined; and(B) model, create, and describe contextual division situations in which a set of concrete objects is separated into equivalent sets.(7) Algebraic reasoning. The student applies mathematical process standards to identify and apply number patterns within properties of numbers and operations in order to describe relationships. The student is expected to:(A) determine whether a number up to 40 is even or odd using pairings of objects to represent the number;(B) use an understanding of place value to determine the number that is 10 or 100 more or less than a given number up to 1,200; and(C) represent and solve addition and subtraction word problems where unknowns may be any one of the terms in the problem.(8) Geometry and measurement. The student applies mathematical process standards to analyze attributes of two-dimensional shapes and three-dimensional solids to develop generalizations about their properties. The student is expected to:(A) create two-dimensional shapes based on given attributes, including number of sides and vertices;(B) classify and sort three-dimensional solids, including spheres, cones, cylinders, rectangular prisms (including cubes as special rectangular prisms), and triangular prisms, based on attributes using formal geometric language;(C) classify and sort polygons with 12 or fewer sides according to attributes, including identifying the number of sides and number of vertices;(D) compose two-dimensional shapes and three-dimensional solids with given properties or attributes; and(E) decompose two-dimensional shapes such as cutting out a square from a rectangle, dividing a shape in half, or partitioning a rectangle into identical triangles and identify the resulting geometric parts.(9) Geometry and measurement. The student applies mathematical process standards to select and use units to describe length, area, and time. The student is expected to:(A) find the length of objects using concrete models for standard units of length;(B) describe the inverse relationship between the size of the unit and the number of units needed to equal the length of an object;(C) represent whole numbers as distances from any given location on a number line;(D) determine the length of an object to the nearest marked unit using rulers, yardsticks, meter sticks, or measuring tapes;(E) determine a solution to a problem involving length, including estimating lengths;(F) use concrete models of square units to find the area of a rectangle by covering it with no gaps or overlaps, counting to find the total number of square units, and describing the measurement using a number and the unit; and(G) read and write time to the nearest one-minute increment using analog and digital clocks and distinguish between a.m. and p.m.(10) Data analysis. The student applies mathematical process standards to organize data to make it useful for interpreting information and solving problems. The student is expected to:(A) explain that the length of a bar in a bar graph or the number of pictures in a pictograph represents the number of data points for a given category;(B) organize a collection of data with up to four categories using pictographs and bar graphs with intervals of one or more;(C) write and solve one-step word problems involving addition or subtraction using data represented within pictographs and bar graphs with intervals of one; and(D) draw conclusions and make predictions from information in a graph.(11) Personal financial literacy. The student applies mathematical process standards to manage one's financial resources effectively for lifetime financial security. The student is expected to:(A) calculate how money saved can accumulate into a larger amount over time;(B) explain that saving is an alternative to spending;(C) distinguish between a deposit and a withdrawal;(D) identify examples of borrowing and distinguish between responsible and irresponsible borrowing;(E) identify examples of lending and use concepts of benefits and costs to evaluate lending decisions; and(F) differentiate between producers and consumers and calculate the cost to produce a simple item.</content><note type="source"><p>Source Note: The provisions of this §111.4 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scA/s111.5"><num value="111.5">§111.5</num><heading>Grade 3, Adopted 2012</heading><content>(a) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) For students to become fluent in mathematics, students must develop a robust sense of number. The National Research Council's report, "Adding It Up," defines procedural fluency as "skill in carrying out procedures flexibly, accurately, efficiently, and appropriately." As students develop procedural fluency, they must also realize that true problem solving may take time, effort, and perseverance. Students in Grade 3 are expected to perform their work without the use of calculators. (4) The primary focal areas in Grade 3 are place value, operations of whole numbers, and understanding fractional units. These focal areas are supported throughout the mathematical strands of number and operations, algebraic reasoning, geometry and measurement, and data analysis. In Grades 3-5, the number set is limited to positive rational numbers. In number and operations, students will focus on applying place value, comparing and ordering whole numbers, connecting multiplication and division, and understanding and representing fractions as numbers and equivalent fractions. In algebraic reasoning, students will use multiple representations of problem situations, determine missing values in number sentences, and represent real-world relationships using number pairs in a table and verbal descriptions. In geometry and measurement, students will identify and classify two-dimensional figures according to common attributes, decompose composite figures formed by rectangles to determine area, determine the perimeter of polygons, solve problems involving time, and measure liquid volume (capacity) or weight. In data analysis, students will represent and interpret data. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (b) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Number and operations. The student applies mathematical process standards to represent and compare whole numbers and understand relationships related to place value. The student is expected to: (A) compose and decompose numbers up to 100,000 as a sum of so many ten thousands, so many thousands, so many hundreds, so many tens, and so many ones using objects, pictorial models, and numbers, including expanded notation as appropriate; (B) describe the mathematical relationships found in the base-10 place value system through the hundred thousands place; (C) represent a number on a number line as being between two consecutive multiples of 10; 100; 1,000; or 10,000 and use words to describe relative size of numbers in order to round whole numbers; and (D) compare and order whole numbers up to 100,000 and represent comparisons using the symbols >, <, or =. (3) Number and operations. The student applies mathematical process standards to represent and explain fractional units. The student is expected to: (A) represent fractions greater than zero and less than or equal to one with denominators of 2, 3, 4, 6, and 8 using concrete objects and pictorial models, including strip diagrams and number lines; (B) determine the corresponding fraction greater than zero and less than or equal to one with denominators of 2, 3, 4, 6, and 8 given a specified point on a number line; (C) explain that the unit fraction 1/b represents the quantity formed by one part of a whole that has been partitioned into b equal parts where b is a non-zero whole number; (D) compose and decompose a fraction a/b with a numerator greater than zero and less than or equal to b as a sum of parts 1/b; (E) solve problems involving partitioning an object or a set of objects among two or more recipients using pictorial representations of fractions with denominators of 2, 3, 4, 6, and 8; (F) represent equivalent fractions with denominators of 2, 3, 4, 6, and 8 using a variety of objects and pictorial models, including number lines; (G) explain that two fractions are equivalent if and only if they are both represented by the same point on the number line or represent the same portion of a same size whole for an area model; and (H) compare two fractions having the same numerator or denominator in problems by reasoning about their sizes and justifying the conclusion using symbols, words, objects, and pictorial models. (4) Number and operations. The student applies mathematical process standards to develop and use strategies and methods for whole number computations in order to solve problems with efficiency and accuracy. The student is expected to: (A) solve with fluency one-step and two-step problems involving addition and subtraction within 1,000 using strategies based on place value, properties of operations, and the relationship between addition and subtraction; (B) round to the nearest 10 or 100 or use compatible numbers to estimate solutions to addition and subtraction problems; (C) determine the value of a collection of coins and bills; (D) determine the total number of objects when equally-sized groups of objects are combined or arranged in arrays up to 10 by 10; (E) represent multiplication facts by using a variety of approaches such as repeated addition, equal-sized groups, arrays, area models, equal jumps on a number line, and skip counting; (F) recall facts to multiply up to 10 by 10 with automaticity and recall the corresponding division facts; (G) use strategies and algorithms, including the standard algorithm, to multiply a two-digit number by a one-digit number. Strategies may include mental math, partial products, and the commutative, associative, and distributive properties; (H) determine the number of objects in each group when a set of objects is partitioned into equal shares or a set of objects is shared equally; (I) determine if a number is even or odd using divisibility rules; (J) determine a quotient using the relationship between multiplication and division; and (K) solve one-step and two-step problems involving multiplication and division within 100 using strategies based on objects; pictorial models, including arrays, area models, and equal groups; properties of operations; or recall of facts. (5) Algebraic reasoning. The student applies mathematical process standards to analyze and create patterns and relationships. The student is expected to: (A) represent one- and two-step problems involving addition and subtraction of whole numbers to 1,000 using pictorial models, number lines, and equations; (B) represent and solve one- and two-step multiplication and division problems within 100 using arrays, strip diagrams, and equations; (C) describe a multiplication expression as a comparison such as 3 x 24 represents 3 times as much as 24; (D) determine the unknown whole number in a multiplication or division equation relating three whole numbers when the unknown is either a missing factor or product; and (E) represent real-world relationships using number pairs in a table and verbal descriptions. (6) Geometry and measurement. The student applies mathematical process standards to analyze attributes of two-dimensional geometric figures to develop generalizations about their properties. The student is expected to: (A) classify and sort two- and three-dimensional figures, including cones, cylinders, spheres, triangular and rectangular prisms, and cubes, based on attributes using formal geometric language; (B) use attributes to recognize rhombuses, parallelograms, trapezoids, rectangles, and squares as examples of quadrilaterals and draw examples of quadrilaterals that do not belong to any of these subcategories; (C) determine the area of rectangles with whole number side lengths in problems using multiplication related to the number of rows times the number of unit squares in each row; (D) decompose composite figures formed by rectangles into non-overlapping rectangles to determine the area of the original figure using the additive property of area; and (E) decompose two congruent two-dimensional figures into parts with equal areas and express the area of each part as a unit fraction of the whole and recognize that equal shares of identical wholes need not have the same shape. (7) Geometry and measurement. The student applies mathematical process standards to select appropriate units, strategies, and tools to solve problems involving customary and metric measurement. The student is expected to: (A) represent fractions of halves, fourths, and eighths as distances from zero on a number line; (B) determine the perimeter of a polygon or a missing length when given perimeter and remaining side lengths in problems; (C) determine the solutions to problems involving addition and subtraction of time intervals in minutes using pictorial models or tools such as a 15-minute event plus a 30-minute event equals 45 minutes; (D) determine when it is appropriate to use measurements of liquid volume (capacity) or weight; and (E) determine liquid volume (capacity) or weight using appropriate units and tools. (8) Data analysis. The student applies mathematical process standards to solve problems by collecting, organizing, displaying, and interpreting data. The student is expected to: (A) summarize a data set with multiple categories using a frequency table, dot plot, pictograph, or bar graph with scaled intervals; and (B) solve one- and two-step problems using categorical data represented with a frequency table, dot plot, pictograph, or bar graph with scaled intervals. (9) Personal financial literacy. The student applies mathematical process standards to manage one's financial resources effectively for lifetime financial security. The student is expected to: (A) explain the connection between human capital/labor and income; (B) describe the relationship between the availability or scarcity of resources and how that impacts cost; (C) identify the costs and benefits of planned and unplanned spending decisions; (D) explain that credit is used when wants or needs exceed the ability to pay and that it is the borrower's responsibility to pay it back to the lender, usually with interest; (E) list reasons to save and explain the benefit of a savings plan, including for college; and (F) identify decisions involving income, spending, saving, credit, and charitable giving.</content><note type="source"><p>Source Note: The provisions of this §111.5 adopted to be effective September 10, 2012, 37 TexReg 7109; amended to be effective October 15, 2013, 38 TexReg 7112.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scA/s111.6"><num value="111.6">§111.6</num><heading>Grade 4, Adopted 2012</heading><content>(a) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) For students to become fluent in mathematics, students must develop a robust sense of number. The National Research Council's report, "Adding It Up," defines procedural fluency as "skill in carrying out procedures flexibly, accurately, efficiently, and appropriately." As students develop procedural fluency, they must also realize that true problem solving may take time, effort, and perseverance. Students in Grade 4 are expected to perform their work without the use of calculators. (4) The primary focal areas in Grade 4 are use of operations, fractions, and decimals and describing and analyzing geometry and measurement. These focal areas are supported throughout the mathematical strands of number and operations, algebraic reasoning, geometry and measurement, and data analysis. In Grades 3-5, the number set is limited to positive rational numbers. In number and operations, students will apply place value and represent points on a number line that correspond to a given fraction or terminating decimal. In algebraic reasoning, students will represent and solve multi-step problems involving the four operations with whole numbers with expressions and equations and generate and analyze patterns. In geometry and measurement, students will classify two-dimensional figures, measure angles, and convert units of measure. In data analysis, students will represent and interpret data. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (b) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Number and operations. The student applies mathematical process standards to represent, compare, and order whole numbers and decimals and understand relationships related to place value. The student is expected to: (A) interpret the value of each place-value position as 10 times the position to the right and as one-tenth of the value of the place to its left; (B) represent the value of the digit in whole numbers through 1,000,000,000 and decimals to the hundredths using expanded notation and numerals; (C) compare and order whole numbers to 1,000,000,000 and represent comparisons using the symbols >, <, or =; (D) round whole numbers to a given place value through the hundred thousands place; (E) represent decimals, including tenths and hundredths, using concrete and visual models and money; (F) compare and order decimals using concrete and visual models to the hundredths; (G) relate decimals to fractions that name tenths and hundredths; and (H) determine the corresponding decimal to the tenths or hundredths place of a specified point on a number line. (3) Number and operations. The student applies mathematical process standards to represent and generate fractions to solve problems. The student is expected to: (A) represent a fraction a/b as a sum of fractions 1/b, where a and b are whole numbers and b > 0, including when a >b; (B) decompose a fraction in more than one way into a sum of fractions with the same denominator using concrete and pictorial models and recording results with symbolic representations; (C) determine if two given fractions are equivalent using a variety of methods; (D) compare two fractions with different numerators and different denominators and represent the comparison using the symbols >, =, or <;(E) represent and solve addition and subtraction of fractions with equal denominators using objects and pictorial models that build to the number line and properties of operations; (F) evaluate the reasonableness of sums and differences of fractions using benchmark fractions 0, 1/4, 1/2, 3/4, and 1, referring to the same whole; and (G) represent fractions and decimals to the tenths or hundredths as distances from zero on a number line. (4) Number and operations. The student applies mathematical process standards to develop and use strategies and methods for whole number computations and decimal sums and differences in order to solve problems with efficiency and accuracy. The student is expected to: (A) add and subtract whole numbers and decimals to the hundredths place using the standard algorithm; (B) determine products of a number and 10 or 100 using properties of operations and place value understandings; (C) represent the product of 2 two-digit numbers using arrays, area models, or equations, including perfect squares through 15 by 15; (D) use strategies and algorithms, including the standard algorithm, to multiply up to a four-digit number by a one-digit number and to multiply a two-digit number by a two-digit number. Strategies may include mental math, partial products, and the commutative, associative, and distributive properties; (E) represent the quotient of up to a four-digit whole number divided by a one-digit whole number using arrays, area models, or equations; (F) use strategies and algorithms, including the standard algorithm, to divide up to a four-digit dividend by a one-digit divisor; (G) round to the nearest 10, 100, or 1,000 or use compatible numbers to estimate solutions involving whole numbers; and (H) solve with fluency one- and two-step problems involving multiplication and division, including interpreting remainders. (5) Algebraic reasoning. The student applies mathematical process standards to develop concepts of expressions and equations. The student is expected to: (A) represent multi-step problems involving the four operations with whole numbers using strip diagrams and equations with a letter standing for the unknown quantity; (B) represent problems using an input-output table and numerical expressions to generate a number pattern that follows a given rule representing the relationship of the values in the resulting sequence and their position in the sequence; (C) use models to determine the formulas for the perimeter of a rectangle (l + w + l + w or 2l + 2w), including the special form for perimeter of a square (4s) and the area of a rectangle (l x w); and (D) solve problems related to perimeter and area of rectangles where dimensions are whole numbers. (6) Geometry and measurement. The student applies mathematical process standards to analyze geometric attributes in order to develop generalizations about their properties. The student is expected to: (A) identify points, lines, line segments, rays, angles, and perpendicular and parallel lines; (B) identify and draw one or more lines of symmetry, if they exist, for a two-dimensional figure; (C) apply knowledge of right angles to identify acute, right, and obtuse triangles; and (D) classify two-dimensional figures based on the presence or absence of parallel or perpendicular lines or the presence or absence of angles of a specified size. (7) Geometry and measurement. The student applies mathematical process standards to solve problems involving angles less than or equal to 180 degrees. The student is expected to: (A) illustrate the measure of an angle as the part of a circle whose center is at the vertex of the angle that is "cut out" by the rays of the angle. Angle measures are limited to whole numbers; (B) illustrate degrees as the units used to measure an angle, where 1/360 of any circle is one degree and an angle that "cuts" n /360 out of any circle whose center is at the angle's vertex has a measure of n degrees. Angle measures are limited to whole numbers; (C) determine the approximate measures of angles in degrees to the nearest whole number using a protractor; (D) draw an angle with a given measure; and (E) determine the measure of an unknown angle formed by two non-overlapping adjacent angles given one or both angle measures. (8) Geometry and measurement. The student applies mathematical process standards to select appropriate customary and metric units, strategies, and tools to solve problems involving measurement. The student is expected to: (A) identify relative sizes of measurement units within the customary and metric systems; (B) convert measurements within the same measurement system, customary or metric, from a smaller unit into a larger unit or a larger unit into a smaller unit when given other equivalent measures represented in a table; and (C) solve problems that deal with measurements of length, intervals of time, liquid volumes, mass, and money using addition, subtraction, multiplication, or division as appropriate. (9) Data analysis. The student applies mathematical process standards to solve problems by collecting, organizing, displaying, and interpreting data. The student is expected to: (A) represent data on a frequency table, dot plot, or stem-and-leaf plot marked with whole numbers and fractions; and (B) solve one- and two-step problems using data in whole number, decimal, and fraction form in a frequency table, dot plot, or stem-and-leaf plot. (10) Personal financial literacy. The student applies mathematical process standards to manage one's financial resources effectively for lifetime financial security. The student is expected to: (A) distinguish between fixed and variable expenses; (B) calculate profit in a given situation; (C) compare the advantages and disadvantages of various savings options; (D) describe how to allocate a weekly allowance among spending; saving, including for college; and sharing; and (E) describe the basic purpose of financial institutions, including keeping money safe, borrowing money, and lending.</content><note type="source"><p>Source Note: The provisions of this §111.6 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scA/s111.7"><num value="111.7">§111.7</num><heading>Grade 5, Adopted 2012</heading><content>(a) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) For students to become fluent in mathematics, students must develop a robust sense of number. The National Research Council's report, "Adding It Up," defines procedural fluency as "skill in carrying out procedures flexibly, accurately, efficiently, and appropriately." As students develop procedural fluency, they must also realize that true problem solving may take time, effort, and perseverance. Students in Grade 5 are expected to perform their work without the use of calculators. (4) The primary focal areas in Grade 5 are solving problems involving all four operations with positive rational numbers, determining and generating formulas and solutions to expressions, and extending measurement to area and volume. These focal areas are supported throughout the mathematical strands of number and operations, algebraic reasoning, geometry and measurement, and data analysis. In Grades 3-5, the number set is limited to positive rational numbers. In number and operations, students will apply place value and identify part-to-whole relationships and equivalence. In algebraic reasoning, students will represent and solve problems with expressions and equations, build foundations of functions through patterning, identify prime and composite numbers, and use the order of operations. In geometry and measurement, students will classify two-dimensional figures, connect geometric attributes to the measures of three-dimensional figures, use units of measure, and represent location using a coordinate plane. In data analysis, students will represent and interpret data. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (b) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Number and operations. The student applies mathematical process standards to represent, compare, and order positive rational numbers and understand relationships as related to place value. The student is expected to: (A) represent the value of the digit in decimals through the thousandths using expanded notation and numerals; (B) compare and order two decimals to thousandths and represent comparisons using the symbols >, <, or =; and (C) round decimals to tenths or hundredths. (3) Number and operations. The student applies mathematical process standards to develop and use strategies and methods for positive rational number computations in order to solve problems with efficiency and accuracy. The student is expected to: (A) estimate to determine solutions to mathematical and real-world problems involving addition, subtraction, multiplication, or division; (B) multiply with fluency a three-digit number by a two-digit number using the standard algorithm; (C) solve with proficiency for quotients of up to a four-digit dividend by a two-digit divisor using strategies and the standard algorithm; (D) represent multiplication of decimals with products to the hundredths using objects and pictorial models, including area models; (E) solve for products of decimals to the hundredths, including situations involving money, using strategies based on place-value understandings, properties of operations, and the relationship to the multiplication of whole numbers; (F) represent quotients of decimals to the hundredths, up to four-digit dividends and two-digit whole number divisors, using objects and pictorial models, including area models; (G) solve for quotients of decimals to the hundredths, up to four-digit dividends and two-digit whole number divisors, using strategies and algorithms, including the standard algorithm; (H) represent and solve addition and subtraction of fractions with unequal denominators referring to the same whole using objects and pictorial models and properties of operations; (I) represent and solve multiplication of a whole number and a fraction that refers to the same whole using objects and pictorial models, including area models; (J) represent division of a unit fraction by a whole number and the division of a whole number by a unit fraction such as 1/3 ÷ 7 and 7 ÷ 1/3 using objects and pictorial models, including area models; (K) add and subtract positive rational numbers fluently; and (L) divide whole numbers by unit fractions and unit fractions by whole numbers. (4) Algebraic reasoning. The student applies mathematical process standards to develop concepts of expressions and equations. The student is expected to: (A) identify prime and composite numbers; (B) represent and solve multi-step problems involving the four operations with whole numbers using equations with a letter standing for the unknown quantity; (C) generate a numerical pattern when given a rule in the form y = ax or y = x + a and graph; (D) recognize the difference between additive and multiplicative numerical patterns given in a table or graph; (E) describe the meaning of parentheses and brackets in a numeric expression; (F) simplify numerical expressions that do not involve exponents, including up to two levels of grouping; (G) use concrete objects and pictorial models to develop the formulas for the volume of a rectangular prism, including the special form for a cube (V = l x w x h, V = s x s x s, and V = Bh); and (H) represent and solve problems related to perimeter and/or area and related to volume. (5) Geometry and measurement. The student applies mathematical process standards to classify two-dimensional figures by attributes and properties. The student is expected to classify two-dimensional figures in a hierarchy of sets and subsets using graphic organizers based on their attributes and properties. (6) Geometry and measurement. The student applies mathematical process standards to understand, recognize, and quantify volume. The student is expected to: (A) recognize a cube with side length of one unit as a unit cube having one cubic unit of volume and the volume of a three-dimensional figure as the number of unit cubes (n cubic units) needed to fill it with no gaps or overlaps if possible; and (B) determine the volume of a rectangular prism with whole number side lengths in problems related to the number of layers times the number of unit cubes in the area of the base. (7) Geometry and measurement. The student applies mathematical process standards to select appropriate units, strategies, and tools to solve problems involving measurement. The student is expected to solve problems by calculating conversions within a measurement system, customary or metric. (8) Geometry and measurement. The student applies mathematical process standards to identify locations on a coordinate plane. The student is expected to: (A) describe the key attributes of the coordinate plane, including perpendicular number lines (axes) where the intersection (origin) of the two lines coincides with zero on each number line and the given point (0, 0); the x- coordinate, the first number in an ordered pair, indicates movement parallel to the x- axis starting at the origin; and the y- coordinate, the second number, indicates movement parallel to the y- axis starting at the origin; (B) describe the process for graphing ordered pairs of numbers in the first quadrant of the coordinate plane; and (C) graph in the first quadrant of the coordinate plane ordered pairs of numbers arising from mathematical and real-world problems, including those generated by number patterns or found in an input-output table. (9) Data analysis. The student applies mathematical process standards to solve problems by collecting, organizing, displaying, and interpreting data. The student is expected to: (A) represent categorical data with bar graphs or frequency tables and numerical data, including data sets of measurements in fractions or decimals, with dot plots or stem-and-leaf plots; (B) represent discrete paired data on a scatterplot; and (C) solve one- and two-step problems using data from a frequency table, dot plot, bar graph, stem-and-leaf plot, or scatterplot. (10) Personal financial literacy. The student applies mathematical process standards to manage one's financial resources effectively for lifetime financial security. The student is expected to: (A) define income tax, payroll tax, sales tax, and property tax; (B) explain the difference between gross income and net income; (C) identify the advantages and disadvantages of different methods of payment, including check, credit card, debit card, and electronic payments; (D) develop a system for keeping and using financial records; (E) describe actions that might be taken to balance a budget when expenses exceed income; and (F) balance a simple budget.</content><note type="source"><p>Source Note: The provisions of this §111.7 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c111/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c111/scB/s111.25"><num value="111.25">§111.25</num><heading>Implementation of Texas Essential Knowledge and Skills for Mathematics, Middle School, Adopted 2012</heading><content>(a) The provisions of §§111.26-111.28 of this subchapter shall be implemented by school districts.(b) No later than August 31, 2013, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for mathematics as adopted in §§111.26-111.28 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§111.26-111.28 of this subchapter shall be implemented beginning with the 2014-2015 school year and apply to the 2014-2015 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§111.26-111.28 of this subchapter shall be implemented for the following school year.</content><note type="source"><p>Source Note: The provisions of this §111.25 adopted to be effective September 10, 2012, 37 TexReg 7109; amended to be effective December 31, 2014, 39 TexReg 10470.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scB/s111.26"><num value="111.26">§111.26</num><heading>Grade 6, Adopted 2012</heading><content>(a) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) The primary focal areas in Grade 6 are number and operations; proportionality; expressions, equations, and relationships; and measurement and data. Students use concepts, algorithms, and properties of rational numbers to explore mathematical relationships and to describe increasingly complex situations. Students use concepts of proportionality to explore, develop, and communicate mathematical relationships. Students use algebraic thinking to describe how a change in one quantity in a relationship results in a change in the other. Students connect verbal, numeric, graphic, and symbolic representations of relationships, including equations and inequalities. Students use geometric properties and relationships, as well as spatial reasoning, to model and analyze situations and solve problems. Students communicate information about geometric figures or situations by quantifying attributes, generalize procedures from measurement experiences, and use the procedures to solve problems. Students use appropriate statistics, representations of data, and reasoning to draw conclusions, evaluate arguments, and make recommendations. While the use of all types of technology is important, the emphasis on algebra readiness skills necessitates the implementation of graphing technology. (4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (b) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Number and operations. The student applies mathematical process standards to represent and use rational numbers in a variety of forms. The student is expected to: (A) classify whole numbers, integers, and rational numbers using a visual representation such as a Venn diagram to describe relationships between sets of numbers; (B) identify a number, its opposite, and its absolute value; (C) locate, compare, and order integers and rational numbers using a number line; (D) order a set of rational numbers arising from mathematical and real-world contexts; and (E) extend representations for division to include fraction notation such as a/b represents the same number as a ÷ b where b ≠ 0. (3) Number and operations. The student applies mathematical process standards to represent addition, subtraction, multiplication, and division while solving problems and justifying solutions. The student is expected to: (A) recognize that dividing by a rational number and multiplying by its reciprocal result in equivalent values; (B) determine, with and without computation, whether a quantity is increased or decreased when multiplied by a fraction, including values greater than or less than one; (C) represent integer operations with concrete models and connect the actions with the models to standardized algorithms; (D) add, subtract, multiply, and divide integers fluently; and (E) multiply and divide positive rational numbers fluently. (4) Proportionality. The student applies mathematical process standards to develop an understanding of proportional relationships in problem situations. The student is expected to: (A) compare two rules verbally, numerically, graphically, and symbolically in the form of y = ax or y = x + a in order to differentiate between additive and multiplicative relationships; (B) apply qualitative and quantitative reasoning to solve prediction and comparison of real-world problems involving ratios and rates; (C) give examples of ratios as multiplicative comparisons of two quantities describing the same attribute; (D) give examples of rates as the comparison by division of two quantities having different attributes, including rates as quotients; (E) represent ratios and percents with concrete models, fractions, and decimals; (F) represent benchmark fractions and percents such as 1%, 10%, 25%, 33 1/3%, and multiples of these values using 10 by 10 grids, strip diagrams, number lines, and numbers; (G) generate equivalent forms of fractions, decimals, and percents using real-world problems, including problems that involve money; and (H) convert units within a measurement system, including the use of proportions and unit rates. (5) Proportionality. The student applies mathematical process standards to solve problems involving proportional relationships. The student is expected to: (A) represent mathematical and real-world problems involving ratios and rates using scale factors, tables, graphs, and proportions; (B) solve real-world problems to find the whole given a part and the percent, to find the part given the whole and the percent, and to find the percent given the part and the whole, including the use of concrete and pictorial models; and (C) use equivalent fractions, decimals, and percents to show equal parts of the same whole. (6) Expressions, equations, and relationships. The student applies mathematical process standards to use multiple representations to describe algebraic relationships. The student is expected to: (A) identify independent and dependent quantities from tables and graphs; (B) write an equation that represents the relationship between independent and dependent quantities from a table; and (C) represent a given situation using verbal descriptions, tables, graphs, and equations in the form y = kx or y = x + b. (7) Expressions, equations, and relationships. The student applies mathematical process standards to develop concepts of expressions and equations. The student is expected to: (A) generate equivalent numerical expressions using order of operations, including whole number exponents and prime factorization; (B) distinguish between expressions and equations verbally, numerically, and algebraically; (C) determine if two expressions are equivalent using concrete models, pictorial models, and algebraic representations; and (D) generate equivalent expressions using the properties of operations: inverse, identity, commutative, associative, and distributive properties. (8) Expressions, equations, and relationships. The student applies mathematical process standards to use geometry to represent relationships and solve problems. The student is expected to: (A) extend previous knowledge of triangles and their properties to include the sum of angles of a triangle, the relationship between the lengths of sides and measures of angles in a triangle, and determining when three lengths form a triangle; (B) model area formulas for parallelograms, trapezoids, and triangles by decomposing and rearranging parts of these shapes; (C) write equations that represent problems related to the area of rectangles, parallelograms, trapezoids, and triangles and volume of right rectangular prisms where dimensions are positive rational numbers; and (D) determine solutions for problems involving the area of rectangles, parallelograms, trapezoids, and triangles and volume of right rectangular prisms where dimensions are positive rational numbers. (9) Expressions, equations, and relationships. The student applies mathematical process standards to use equations and inequalities to represent situations. The student is expected to: (A) write one-variable, one-step equations and inequalities to represent constraints or conditions within problems; (B) represent solutions for one-variable, one-step equations and inequalities on number lines; and (C) write corresponding real-world problems given one-variable, one-step equations or inequalities. (10) Expressions, equations, and relationships. The student applies mathematical process standards to use equations and inequalities to solve problems. The student is expected to: (A) model and solve one-variable, one-step equations and inequalities that represent problems, including geometric concepts; and (B) determine if the given value(s) make(s) one-variable, one-step equations or inequalities true. (11) Measurement and data. The student applies mathematical process standards to use coordinate geometry to identify locations on a plane. The student is expected to graph points in all four quadrants using ordered pairs of rational numbers. (12) Measurement and data. The student applies mathematical process standards to use numerical or graphical representations to analyze problems. The student is expected to: (A) represent numeric data graphically, including dot plots, stem-and-leaf plots, histograms, and box plots; (B) use the graphical representation of numeric data to describe the center, spread, and shape of the data distribution; (C) summarize numeric data with numerical summaries, including the mean and median (measures of center) and the range and interquartile range (IQR) (measures of spread), and use these summaries to describe the center, spread, and shape of the data distribution; and (D) summarize categorical data with numerical and graphical summaries, including the mode, the percent of values in each category (relative frequency table), and the percent bar graph, and use these summaries to describe the data distribution. (13) Measurement and data. The student applies mathematical process standards to use numerical or graphical representations to solve problems. The student is expected to: (A) interpret numeric data summarized in dot plots, stem-and-leaf plots, histograms, and box plots; and (B) distinguish between situations that yield data with and without variability. (14) Personal financial literacy. The student applies mathematical process standards to develop an economic way of thinking and problem solving useful in one's life as a knowledgeable consumer and investor. The student is expected to: (A) compare the features and costs of a checking account and a debit card offered by different local financial institutions; (B) distinguish between debit cards and credit cards; (C) balance a check register that includes deposits, withdrawals, and transfers; (D) explain why it is important to establish a positive credit history; (E) describe the information in a credit report and how long it is retained; (F) describe the value of credit reports to borrowers and to lenders; (G) explain various methods to pay for college, including through savings, grants, scholarships, student loans, and work-study; and (H) compare the annual salary of several occupations requiring various levels of post-secondary education or vocational training and calculate the effects of the different annual salaries on lifetime income.</content><note type="source"><p>Source Note: The provisions of this §111.26 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scB/s111.27"><num value="111.27">§111.27</num><heading>Grade 7, Adopted 2012</heading><content>(a) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) The primary focal areas in Grade 7 are number and operations; proportionality; expressions, equations, and relationships; and measurement and data. Students use concepts, algorithms, and properties of rational numbers to explore mathematical relationships and to describe increasingly complex situations. Students use concepts of proportionality to explore, develop, and communicate mathematical relationships, including number, geometry and measurement, and statistics and probability. Students use algebraic thinking to describe how a change in one quantity in a relationship results in a change in the other. Students connect verbal, numeric, graphic, and symbolic representations of relationships, including equations and inequalities. Students use geometric properties and relationships, as well as spatial reasoning, to model and analyze situations and solve problems. Students communicate information about geometric figures or situations by quantifying attributes, generalize procedures from measurement experiences, and use the procedures to solve problems. Students use appropriate statistics, representations of data, and reasoning to draw conclusions, evaluate arguments, and make recommendations. While the use of all types of technology is important, the emphasis on algebra readiness skills necessitates the implementation of graphing technology. (4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (b) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Number and operations. The student applies mathematical process standards to represent and use rational numbers in a variety of forms. The student is expected to extend previous knowledge of sets and subsets using a visual representation to describe relationships between sets of rational numbers. (3) Number and operations. The student applies mathematical process standards to add, subtract, multiply, and divide while solving problems and justifying solutions. The student is expected to: (A) add, subtract, multiply, and divide rational numbers fluently; and (B) apply and extend previous understandings of operations to solve problems using addition, subtraction, multiplication, and division of rational numbers. (4) Proportionality. The student applies mathematical process standards to represent and solve problems involving proportional relationships. The student is expected to: (A) represent constant rates of change in mathematical and real-world problems given pictorial, tabular, verbal, numeric, graphical, and algebraic representations, including d = rt; (B) calculate unit rates from rates in mathematical and real-world problems; (C) determine the constant of proportionality (k = y/x) within mathematical and real-world problems; (D) solve problems involving ratios, rates, and percents, including multi-step problems involving percent increase and percent decrease, and financial literacy problems; and (E) convert between measurement systems, including the use of proportions and the use of unit rates. (5) Proportionality. The student applies mathematical process standards to use geometry to describe or solve problems involving proportional relationships. The student is expected to: (A) generalize the critical attributes of similarity, including ratios within and between similar shapes; (B) describe π as the ratio of the circumference of a circle to its diameter; and (C) solve mathematical and real-world problems involving similar shape and scale drawings. (6) Proportionality. The student applies mathematical process standards to use probability and statistics to describe or solve problems involving proportional relationships. The student is expected to: (A) represent sample spaces for simple and compound events using lists and tree diagrams; (B) select and use different simulations to represent simple and compound events with and without technology; (C) make predictions and determine solutions using experimental data for simple and compound events; (D) make predictions and determine solutions using theoretical probability for simple and compound events; (E) find the probabilities of a simple event and its complement and describe the relationship between the two; (F) use data from a random sample to make inferences about a population; (G) solve problems using data represented in bar graphs, dot plots, and circle graphs, including part-to-whole and part-to-part comparisons and equivalents; (H) solve problems using qualitative and quantitative predictions and comparisons from simple experiments; and (I) determine experimental and theoretical probabilities related to simple and compound events using data and sample spaces. (7) Expressions, equations, and relationships. The student applies mathematical process standards to represent linear relationships using multiple representations. The student is expected to represent linear relationships using verbal descriptions, tables, graphs, and equations that simplify to the form y = mx + b. (8) Expressions, equations, and relationships. The student applies mathematical process standards to develop geometric relationships with volume. The student is expected to: (A) model the relationship between the volume of a rectangular prism and a rectangular pyramid having both congruent bases and heights and connect that relationship to the formulas; (B) explain verbally and symbolically the relationship between the volume of a triangular prism and a triangular pyramid having both congruent bases and heights and connect that relationship to the formulas; and (C) use models to determine the approximate formulas for the circumference and area of a circle and connect the models to the actual formulas. (9) Expressions, equations, and relationships. The student applies mathematical process standards to solve geometric problems. The student is expected to: (A) solve problems involving the volume of rectangular prisms, triangular prisms, rectangular pyramids, and triangular pyramids; (B) determine the circumference and area of circles; (C) determine the area of composite figures containing combinations of rectangles, squares, parallelograms, trapezoids, triangles, semicircles, and quarter circles; and (D) solve problems involving the lateral and total surface area of a rectangular prism, rectangular pyramid, triangular prism, and triangular pyramid by determining the area of the shape's net. (10) Expressions, equations, and relationships. The student applies mathematical process standards to use one-variable equations and inequalities to represent situations. The student is expected to: (A) write one-variable, two-step equations and inequalities to represent constraints or conditions within problems; (B) represent solutions for one-variable, two-step equations and inequalities on number lines; and (C) write a corresponding real-world problem given a one-variable, two-step equation or inequality. (11) Expressions, equations, and relationships. The student applies mathematical process standards to solve one-variable equations and inequalities. The student is expected to: (A) model and solve one-variable, two-step equations and inequalities; (B) determine if the given value(s) make(s) one-variable, two-step equations and inequalities true; and (C) write and solve equations using geometry concepts, including the sum of the angles in a triangle, and angle relationships. (12) Measurement and data. The student applies mathematical process standards to use statistical representations to analyze data. The student is expected to: (A) compare two groups of numeric data using comparative dot plots or box plots by comparing their shapes, centers, and spreads; (B) use data from a random sample to make inferences about a population; and (C) compare two populations based on data in random samples from these populations, including informal comparative inferences about differences between the two populations. (13) Personal financial literacy. The student applies mathematical process standards to develop an economic way of thinking and problem solving useful in one's life as a knowledgeable consumer and investor. The student is expected to: (A) calculate the sales tax for a given purchase and calculate income tax for earned wages; (B) identify the components of a personal budget, including income; planned savings for college, retirement, and emergencies; taxes; and fixed and variable expenses, and calculate what percentage each category comprises of the total budget; (C) create and organize a financial assets and liabilities record and construct a net worth statement; (D) use a family budget estimator to determine the minimum household budget and average hourly wage needed for a family to meet its basic needs in the student's city or another large city nearby; (E) calculate and compare simple interest and compound interest earnings; and (F) analyze and compare monetary incentives, including sales, rebates, and coupons.</content><note type="source"><p>Source Note: The provisions of this §111.27 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scB/s111.28"><num value="111.28">§111.28</num><heading>Grade 8, Adopted 2012</heading><content>(a) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) The primary focal areas in Grade 8 are proportionality; expressions, equations, relationships, and foundations of functions; and measurement and data. Students use concepts, algorithms, and properties of real numbers to explore mathematical relationships and to describe increasingly complex situations. Students use concepts of proportionality to explore, develop, and communicate mathematical relationships. Students use algebraic thinking to describe how a change in one quantity in a relationship results in a change in the other. Students connect verbal, numeric, graphic, and symbolic representations of relationships, including equations and inequalities. Students begin to develop an understanding of functional relationships. Students use geometric properties and relationships, as well as spatial reasoning, to model and analyze situations and solve problems. Students communicate information about geometric figures or situations by quantifying attributes, generalize procedures from measurement experiences, and use the procedures to solve problems. Students use appropriate statistics, representations of data, and reasoning to draw conclusions, evaluate arguments, and make recommendations. While the use of all types of technology is important, the emphasis on algebra readiness skills necessitates the implementation of graphing technology. (4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (b) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Number and operations. The student applies mathematical process standards to represent and use real numbers in a variety of forms. The student is expected to: (A) extend previous knowledge of sets and subsets using a visual representation to describe relationships between sets of real numbers; (B) approximate the value of an irrational number, including π and square roots of numbers less than 225, and locate that rational number approximation on a number line; (C) convert between standard decimal notation and scientific notation; and (D) order a set of real numbers arising from mathematical and real-world contexts. (3) Proportionality. The student applies mathematical process standards to use proportional relationships to describe dilations. The student is expected to: (A) generalize that the ratio of corresponding sides of similar shapes are proportional, including a shape and its dilation; (B) compare and contrast the attributes of a shape and its dilation(s) on a coordinate plane; and (C) use an algebraic representation to explain the effect of a given positive rational scale factor applied to two-dimensional figures on a coordinate plane with the origin as the center of dilation. (4) Proportionality. The student applies mathematical process standards to explain proportional and non-proportional relationships involving slope. The student is expected to: (A) use similar right triangles to develop an understanding that slope, m, given as the rate comparing the change in y- values to the change in x- values, (y2 - y1) / (x2 - x1) is the same for any two points (x 1, y1) and (x2, y2) on the same line; (B) graph proportional relationships, interpreting the unit rate as the slope of the line that models the relationship; and (C) use data from a table or graph to determine the rate of change or slope and y- intercept in mathematical and real-world problems. (5) Proportionality. The student applies mathematical process standards to use proportional and non-proportional relationships to develop foundational concepts of functions. The student is expected to: (A) represent linear proportional situations with tables, graphs, and equations in the form of y = kx; (B) represent linear non-proportional situations with tables, graphs, and equations in the form of y = mx + b, where b ≠ 0; (C) contrast bivariate sets of data that suggest a linear relationship with bivariate sets of data that do not suggest a linear relationship from a graphical representation; (D) use a trend line that approximates the linear relationship between bivariate sets of data to make predictions; (E) solve problems involving direct variation; (F) distinguish between proportional and non-proportional situations using tables, graphs, and equations in the form y = kx or y = mx + b, where b ≠ 0; (G) identify functions using sets of ordered pairs, tables, mappings, and graphs; (H) identify examples of proportional and non-proportional functions that arise from mathematical and real-world problems; and (I) write an equation in the form y = mx + b to model a linear relationship between two quantities using verbal, numerical, tabular, and graphical representations. (6) Expressions, equations, and relationships. The student applies mathematical process standards to develop mathematical relationships and make connections to geometric formulas. The student is expected to: (A) describe the volume formula V = Bh of a cylinder in terms of its base area and its height; (B) model the relationship between the volume of a cylinder and a cone having both congruent bases and heights and connect that relationship to the formulas; and (C) use models and diagrams to explain the Pythagorean theorem. (7) Expressions, equations, and relationships. The student applies mathematical process standards to use geometry to solve problems. The student is expected to: (A) solve problems involving the volume of cylinders, cones, and spheres; (B) use previous knowledge of surface area to make connections to the formulas for lateral and total surface area and determine solutions for problems involving rectangular prisms, triangular prisms, and cylinders; (C) use the Pythagorean Theorem and its converse to solve problems; and (D) determine the distance between two points on a coordinate plane using the Pythagorean Theorem. (8) Expressions, equations, and relationships. The student applies mathematical process standards to use one-variable equations or inequalities in problem situations. The student is expected to: (A) write one-variable equations or inequalities with variables on both sides that represent problems using rational number coefficients and constants; (B) write a corresponding real-world problem when given a one-variable equation or inequality with variables on both sides of the equal sign using rational number coefficients and constants; (C) model and solve one-variable equations with variables on both sides of the equal sign that represent mathematical and real-world problems using rational number coefficients and constants; and (D) use informal arguments to establish facts about the angle sum and exterior angle of triangles, the angles created when parallel lines are cut by a transversal, and the angle-angle criterion for similarity of triangles. (9) Expressions, equations, and relationships. The student applies mathematical process standards to use multiple representations to develop foundational concepts of simultaneous linear equations. The student is expected to identify and verify the values of x and y that simultaneously satisfy two linear equations in the form y = mx + b from the intersections of the graphed equations. (10) Two-dimensional shapes. The student applies mathematical process standards to develop transformational geometry concepts. The student is expected to: (A) generalize the properties of orientation and congruence of rotations, reflections, translations, and dilations of two-dimensional shapes on a coordinate plane; (B) differentiate between transformations that preserve congruence and those that do not; (C) explain the effect of translations, reflections over the x- or y- axis, and rotations limited to 90°, 180°, 270°, and 360° as applied to two-dimensional shapes on a coordinate plane using an algebraic representation; and (D) model the effect on linear and area measurements of dilated two-dimensional shapes. (11) Measurement and data. The student applies mathematical process standards to use statistical procedures to describe data. The student is expected to: (A) construct a scatterplot and describe the observed data to address questions of association such as linear, non-linear, and no association between bivariate data; (B) determine the mean absolute deviation and use this quantity as a measure of the average distance data are from the mean using a data set of no more than 10 data points; and (C) simulate generating random samples of the same size from a population with known characteristics to develop the notion of a random sample being representative of the population from which it was selected. (12) Personal financial literacy. The student applies mathematical process standards to develop an economic way of thinking and problem solving useful in one's life as a knowledgeable consumer and investor. The student is expected to: (A) solve real-world problems comparing how interest rate and loan length affect the cost of credit; (B) calculate the total cost of repaying a loan, including credit cards and easy access loans, under various rates of interest and over different periods using an online calculator; (C) explain how small amounts of money invested regularly, including money saved for college and retirement, grow over time; (D) calculate and compare simple interest and compound interest earnings; (E) identify and explain the advantages and disadvantages of different payment methods; (F) analyze situations to determine if they represent financially responsible decisions and identify the benefits of financial responsibility and the costs of financial irresponsibility; and (G) estimate the cost of a two-year and four-year college education, including family contribution, and devise a periodic savings plan for accumulating the money needed to contribute to the total cost of attendance for at least the first year of college.</content><note type="source"><p>Source Note: The provisions of this §111.28 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scB/s111.29"><num value="111.29">§111.29</num><heading>Grade 6, Middle School Advanced Mathematics, Adopted 2025</heading><content>(a) Implementation. The provisions of this section may be implemented by school districts beginning with the 2025-2026 school year.(b) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) To increase the number of students who complete advanced mathematics courses in high school, the middle school advanced mathematics courses are designed to enable students to complete Algebra I by the end of Grade 8.(4) The primary focal areas in Grade 6, Middle School Advanced Mathematics are numeracy; proportionality; expressions, equations, and relationships; and data science. Students use concepts, algorithms, and properties of rational numbers to explore mathematical relationships and to describe increasingly complex situations. Students use concepts of proportionality to explore, develop, and communicate mathematical relationships, including number, geometry and measurement, and statistics. Students use algebraic thinking to describe how a change in one quantity in a relationship results in a change in the other. Students connect verbal, numeric, graphic, and symbolic representations of relationships, including equations and inequalities. Students begin to develop a foundational understanding of functions. Students use geometric properties and relationships, as well as spatial reasoning, to model and analyze situations and solve problems. Students communicate information about geometric figures or situations by quantifying attributes, generalize procedures from measurement experiences, and use the procedures to solve problems. Students use appropriate statistics, representations of data, and reasoning to draw conclusions, evaluate arguments, and make recommendations. The use of technology, including graphing tools, is essential in middle school advanced mathematics courses to master algebra readiness skills by bridging conceptual understanding and procedural fluency.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Numeracy--foundations of rational numbers. The student applies mathematical process standards to represent and use rational numbers in a variety of forms. The student is expected to:(A) classify sets and subsets using a visual representation such as a Venn diagram or a hierarchy to describe relationships between sets of rational numbers;(B) identify a number, its opposite, and its absolute value;(C) represent benchmark fractions and percents such as 1%, 10%, 25%, 33 1/3%, and multiples of these values using 10 by 10 grids, strip diagrams, number lines, and numbers as proportional relationships;(D) generate equivalent forms of fractions, decimals, and percents using real-world problems as proportional relationships, including problems that involve money;(E) use equivalent fractions, decimals, and percents to show equal parts of the same whole as proportional relationships;(F) locate, compare, and order integers and rational numbers using a number line;(G) order a set of rational numbers arising from mathematical and real-world contexts; and(H) use coordinate geometry to identify locations on a plane, including graphing points in all four quadrants using ordered pairs of rational numbers.(3) Numeracy--operations with rational numbers. The student applies mathematical process standards to represent addition, subtraction, multiplication, and division while solving problems and justifying solutions. The student is expected to:(A) recognize that dividing by a rational number and multiplying by its reciprocal result in equivalent values;(B) determine, with and without computation, whether a quantity is increased or decreased when multiplied by a fraction, including values greater than or less than one;(C) extend representations for division to include fraction notation such as a/b represents the same number as a ÷b where b ≠ 0;(D) represent integer operations with concrete models and connect the actions with the models to standardized algorithms;(E) add, subtract, multiply, and divide integers fluently; (F) add, subtract, multiply, and divide rational numbers;(G) generate equivalent numerical expressions using order of operations, including whole number exponents and prime factorization; (H) balance a check register that includes deposits, withdrawals, and transfers; and(I) create and organize a financial assets and liabilities record and construct a net worth statement.(4) Numeracy--applications of percents. The student applies mathematical process standards to solve problems involving percents as proportional relationships. The student is expected to:(A) solve real-world problems to find the whole given a part and the percent, to find the part given the whole and the percent, and to find the percent given the part and the whole, including the use of concrete and pictorial models; and(B) calculate the sales tax for a given purchase and calculate income tax for earned wages.(5) Proportionality--foundations of ratios and rates. The student applies mathematical process standards to develop an understanding of proportional relationships in problem situations. The student is expected to:(A) give examples of ratios as multiplicative comparisons of two quantities describing the same attribute;(B) give examples of rates as the comparison by division of two quantities having different attributes, including rates as quotients;(C) represent ratios and percents with concrete models, fractions, and decimals; and(D) represent mathematical and real-world problems involving ratios and rates using scale factors, tables, graphs, and proportions.(6) Proportionality--applications of ratios and rates. The student applies mathematical process standards to solve problems involving proportional relationships. The student is expected to:(A) apply qualitative and quantitative reasoning to solve prediction and comparison of real-world problems involving ratios and rates;(B) calculate unit rates from rates in mathematical and real-world problems; and(C) convert within and between measurement systems, including the use of proportions and the use of unit rates.(7) One-variable expressions, equations, and relationships--foundations of one-variable relationships. The student applies mathematical process standards to develop concepts of expressions and equations. The student is expected to:(A) distinguish between expressions and equations verbally, numerically, and algebraically;(B) determine if two expressions are equivalent using concrete models, pictorial models, and algebraic representations; and(C) generate equivalent expressions using the properties of operations: inverse, identity, commutative, associative, and distributive properties.(8) One-variable expressions, equations, and relationships--applications of one-variable relationships. The student applies mathematical process standards to use equations and inequalities to represent situations and solve problems. The student is expected to:(A) write one-variable, one- and two-step equations and inequalities to represent constraints or conditions within problems;(B) write corresponding real-world problems given one-variable, one- and two-step equations or inequalities;(C) represent solutions for one-variable, one- and two-step equations and inequalities on number lines;(D) model and solve one-variable, one-step equations and inequalities that represent problems, including geometric concepts;(E) model and solve one-variable, two-step equations and inequalities; and(F) determine if the given value(s) make(s) one-variable, one- and two-step equations and inequalities true.(9) Two-variable equations and relationships--foundations of linear relationships. The student applies mathematical process standards to use multiple representations to describe algebraic relationships. The student is expected to:(A) identify independent and dependent quantities from tables and graphs;(B) write an equation that represents the relationship between independent and dependent quantities from a table;(C) represent a given situation using verbal descriptions, tables, graphs, and equations in the form y = kx or y = x + b; and(D) compare two rules verbally, numerically, graphically, and symbolically in the form of y = ax or y = x + a in order to differentiate between additive and multiplicative relationships. (10) Two-variable equations and relationships--applications of proportional relationships. The student applies mathematical process standards to represent and solve problems involving proportional relationships. The student is expected to represent constant rates of change in mathematical and real-world problems given pictorial, tabular, verbal, numeric, graphical, and algebraic representations, including d = rt.(11) Geometric expressions, equations, and relationships--foundations of geometric concepts equations. The student applies mathematical process standards to use geometry to represent relationships. The student is expected to:(A) model area formulas for parallelograms, trapezoids, and triangles by decomposing and rearranging parts of these shapes; and(B) write equations that represent problems related to the area of rectangles, parallelograms, trapezoids, and triangles and volume of right rectangular prisms where dimensions are positive rational numbers.(12) Geometric expressions, equations, and relationships--applications of geometric concepts. The student applies mathematical process standards to use geometry to represent relationships and solve problems. The student is expected to:(A) extend previous knowledge of triangles and their properties to include the sum of angles of a triangle, the relationship between the lengths of sides and measures of angles in a triangle, and determining when three lengths form a triangle;(B) determine solutions for problems involving the area of rectangles, parallelograms, trapezoids, and triangles where dimensions are positive rational numbers;(C) solve problems involving the volume of right rectangular prisms and triangular prisms; and(D) write and solve equations using geometry concepts, including the sum of the angles in a triangle, and angle relationships.(13) Data science--foundations of measurement and data. The student applies mathematical process standards to represent and analyze data. The student is expected to:(A) distinguish between situations that yield data with and without variability; and(B) represent numeric data graphically, including dot plots, stem-and-leaf plots, histograms, and box plots.(14) Data science--applications of measurement and data. The student applies mathematical process standards to use numerical or graphical representations to analyze and solve problems. The student is expected to:(A) use the graphical representation of numeric data to describe the center, spread, and shape of the data distribution;(B) summarize numeric data with numerical summaries, including the mean and median (measures of center) and the range and interquartile range (IQR) (measures of spread), and use these summaries to describe the center, spread, and shape of the data distribution;(C) interpret numeric data summarized in dot plots, stem-and-leaf plots, histograms, and box plots;(D) solve problems using data represented in bar graphs, dot plots, and circle graphs, including part-to-whole and part-to-part comparisons and equivalents;(E) compare two groups of numeric data using comparative dot plots or box plots by comparing their shapes, centers, and spreads; and(F) summarize categorical data with numerical and graphical summaries, including the mode, the percent of values in each category (relative frequency table), and the percent bar graph, and use these summaries to describe the data distribution.(15) Personal financial literacy--money management. The student applies mathematical process standards to develop an economic way of thinking and problem solving useful in one's life as a knowledgeable consumer and investor. The student is expected to:(A) compare the features and costs of a checking account and a debit card offered by different local financial institutions;(B) identify and explain the advantages and disadvantages of different payment methods, including distinguishing between debit cards and credit cards;(C) explain why it is important to establish a positive credit history;(D) describe the information in a credit report and how long it is retained;(E) describe the value of credit reports to borrowers and to lenders;(F) explain various methods to pay for college, including through savings, grants, scholarships, student loans, and work-study; and(G) compare the annual salary of several occupations requiring various levels of post-secondary education or vocational training and calculate the effects of the different annual salaries on lifetime income.</content><note type="source"><p>Source Note: The provisions of this §111.29 adopted to be effective July 6, 2025, 50 TexReg 3743.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scB/s111.30"><num value="111.30">§111.30</num><heading>Grade 7, Middle School Advanced Mathematics, Adopted 2025</heading><content>(a) Implementation. The provisions of this section may be implemented by school districts beginning with the 2025-2026 school year.(b) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on computational thinking, mathematical fluency, and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, algorithms, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, computer programs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) To increase the number of students who complete advanced mathematics courses in high school, the middle school advanced mathematics courses are designed to enable students to complete Algebra I by the end of Grade 8.(4) The primary focal areas in Grade 7, Middle School Advanced Mathematics are numeracy; proportionality; expressions, equations, and relationships; and data science. Students use concepts, algorithms, and properties of real numbers to explore mathematical relationships and to describe increasingly complex situations. Students use concepts of proportionality to explore, develop, and communicate mathematical relationships, including number, geometry and measurement, and statistics and probability. Students use algebraic thinking to describe how a change in one quantity in a relationship results in a change in the other. Students connect verbal, numeric, graphic, and symbolic representations of relationships, including equations and inequalities. Students continue to develop a foundational understanding of functions. Students use geometric properties and relationships, as well as spatial reasoning, to model and analyze situations and solve problems. Students communicate information about geometric figures or situations by quantifying attributes, generalize procedures from measurement experiences, and use the procedures to solve problems. Students use appropriate statistics, representations of data, and reasoning to draw conclusions, evaluate arguments, and make recommendations. The use of technology, including graphing tools, is essential in middle school advanced mathematics courses to master algebra readiness skills by bridging conceptual understanding and procedural fluency.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Numeracy--foundations of real numbers. The student applies mathematical process standards to represent and use real numbers in a variety of forms. The student is expected to:(A) extend previous knowledge of sets and subsets using a visual representation to describe relationships between sets of real numbers;(B) approximate the value of an irrational number, including π and square roots of numbers less than 225, and locate that rational number approximation on a number line;(C) convert between standard decimal notation and scientific notation; and(D) order a set of real numbers arising from mathematical and real-world contexts.(3) Numeracy--operations with rational numbers. The student applies mathematical process standards to add, subtract, multiply, and divide while solving problems and justifying solutions. The student is expected to:(A) add, subtract, multiply, and divide rational numbers fluently; and(B) apply and extend previous understandings of operations to solve problems using addition, subtraction, multiplication, and division of rational numbers.(4) Numeracy--applications of percents. The student applies mathematical process standards to represent and solve problems involving percents as proportional relationships. The student is expected to:(A) solve problems involving ratios, rates, and percents, including multi-step problems involving percent increase and percent decrease, and financial literacy problems;(B) calculate and compare simple interest and compound interest earnings;(C) analyze and compare monetary incentives, including sales, rebates, and coupons;(D) solve real-world problems comparing how interest rate and loan length affect the cost of credit;(E) calculate the total cost of repaying a loan, including credit cards and easy access loans, under various rates of interest and over different periods using an online calculator;(F) explain how small amounts of money invested regularly, including money saved for college and retirement, grow over time; and(G) estimate the cost of a two-year and four-year college education, including family contribution, and devise a periodic savings plan for accumulating the money needed to contribute to the total cost of attendance for at least the first year of college.(5) Proportionality--geometric ratios. The student applies mathematical process standards to use geometry to describe or solve problems involving proportional relationships such as dilations. The student is expected to:(A) describe π as the ratio of the circumference of a circle to its diameter;(B) generalize the critical attributes of similarity, including ratios within and between similar shapes;(C) solve mathematical and real-world problems involving similar shape and scale drawings;(D) compare and contrast the attributes of a shape and its dilation(s) on a coordinate plane; and(E) use an algebraic representation to explain the effect of a given positive rational scale factor applied to two-dimensional figures on a coordinate plane with the origin as the center of dilation.(6) Proportionality--probability. The student applies mathematical process standards to use probability and statistics to describe or solve problems involving proportional relationships. The student is expected to:(A) represent sample spaces for simple and compound events using lists and tree diagrams;(B) select and use different simulations to represent simple and compound events with and without technology;(C) make predictions and determine solutions using experimental data for simple and compound events;(D) make predictions and determine solutions using theoretical probability for simple and compound events;(E) find the probabilities of a simple event and its complement and describe the relationship between the two;(F) solve problems using qualitative and quantitative predictions and comparisons from simple experiments; and(G) determine experimental and theoretical probabilities related to simple and compound events using data and sample spaces.(7) One-variable expressions, equations, and relationships--applications of one-variable relationships. The student applies mathematical process standards to use one-variable equations or inequalities in problem situations. The student is expected to:(A) represent solutions for one-variable, two-step inequalities on number lines;(B) model and solve one-variable, two-step inequalities;(C) write one-variable equations or inequalities with variables on both sides that represent problems using rational number coefficients and constants;(D) write a corresponding real-world problem when given a one-variable equation or inequality with variables on both sides of the equal sign using rational number coefficients and constants; and(E) model and solve one-variable equations with variables on both sides of the equal sign that represent mathematical and real-world problems using rational number coefficients and constants.(8) Two-variable equations and relationships--foundations of linear relationships. The student applies mathematical process standards to use proportional and non-proportional relationships to develop foundational concepts of functions. The student is expected to:(A) determine the constant of proportionality (k = y/x) within mathematical and real-world problems; (B) distinguish between proportional and non-proportional situations using tables, graphs, and equations in the form y = kx or y = mx + b, where b ≠ 0; and(C) identify examples of proportional and non-proportional relationships that arise from mathematical and real-world problems.(9) Two-variable equations and relationships--applications of linear relationships. The student applies mathematical process standards to represent linear relationships using multiple representations. The student is expected to represent linear proportional and non-proportional relationships using verbal descriptions, tables, graphs, and equations that simplify to the form y = mx + b.(10) Geometric expressions, equations, and relationships--foundations of geometric concepts. The student applies mathematical process standards to develop geometric relationships and solve problems. The student is expected to:(A) use models to determine the approximate formulas for the circumference and area of a circle and connect the models to the actual formulas;(B) solve problems involving the lateral and total surface area of a rectangular prism, rectangular pyramid, triangular prism, and triangular pyramid by determining the area of the shape's net;(C) describe the volume formula V = Bh of a cylinder in terms of its base area and its height;(D) model the relationship between the volume of a rectangular prism and a rectangular pyramid having both congruent bases and heights and connect that relationship to the formulas;(E) explain verbally and symbolically the relationship between the volume of a triangular prism and a triangular pyramid having both congruent bases and heights and connect that relationship to the formulas;(F) model the relationship between the volume of a cylinder and a cone having both congruent bases and heights and connect that relationship to the formulas;(G) use models and diagrams to explain the Pythagorean theorem; and(H) use informal arguments to establish facts about the angle sum and exterior angle of triangles, the angles created when parallel lines are cut by a transversal, and the angle-angle criterion for similarity of triangles.(11) Geometric expressions, equations, and relationships--applications of geometric concepts. The student applies mathematical process standards to solve geometric problems. The student is expected to:(A) determine the circumference and area of circles;(B) determine the area of composite figures containing combinations of rectangles, squares, parallelograms, trapezoids, triangles, semicircles, and quarter circles;(C) use previous knowledge of surface area to make connections to the formulas for lateral and total surface area and determine solutions for problems involving rectangular prisms, triangular prisms, and cylinders;(D) solve problems involving the volume of rectangular pyramids and triangular pyramids;(E) solve problems involving the volume of cylinders, cones, and spheres;(F) use the Pythagorean theorem and its converse to solve problems; and(G) determine the distance between two points on a coordinate plane using the Pythagorean theorem.(12) Geometric expressions, equations, and relationships--transformations. The student applies mathematical process standards to develop transformational geometry concepts. The student is expected to:(A) generalize the properties of orientation and congruence of rotations, reflections, translations, and dilations of two-dimensional shapes on a coordinate plane;(B) differentiate between transformations that preserve congruence and those that do not;(C) explain the effect of translations, reflections over the x- or y -axis, and rotations limited to 90°, 180°, 270°, and 360° as applied to two-dimensional shapes on a coordinate plane using an algebraic representation; and(D) model the effect on linear and area measurements of dilated two-dimensional shapes.(13) Data science--applications of measurement and data. The student applies mathematical process standards to use statistical representations and procedures to analyze and describe data. The student is expected to:(A) use data from a random sample to make inferences about a population;(B) compare two populations based on data in random samples from these populations, including informal comparative inferences about differences between the two populations;(C) simulate generating random samples of the same size from a population with known characteristics to develop the notion of a random sample being representative of the population from which it was selected; and(D) determine the mean absolute deviation and use this quantity as a measure of the average distance data are from the mean using a data set of no more than 10 data points.(14) Personal financial literacy--money management. The student applies mathematical process standards to develop an economic way of thinking and problem solving useful in one's life as a knowledgeable consumer and investor. The student is expected to:(A) identify the components of a personal budget, including income; planned savings for college, retirement, and emergencies; taxes; and fixed and variable expenses, and calculate what percentage each category comprises of the total budget;(B) use a family budget estimator to determine the minimum household budget and average hourly wage needed for a family to meet its basic needs in the student's city or another large city nearby; and(C) analyze situations to determine if they represent financially responsible decisions and identify the benefits of financial responsibility and the costs of financial irresponsibility.</content><note type="source"><p>Source Note: The provisions of this §111.30 adopted to be effective July 6, 2025, 50 TexReg 3743.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scB/s111.31"><num value="111.31">§111.31</num><heading>Grade 8, Middle School Advanced Mathematics, Algebra I (One Credit), Adopted 2025</heading><content>(a) Implementation. The provisions of this section may be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grade 8. Prerequisite: Middle School Advanced Mathematics, Grade 7 or Mathematics, Grade 8. Students shall be awarded one credit that satisfies the Algebra I requirement for high school graduation. This course satisfies the requirement for any course which identifies Algebra I as a prerequisite.(c) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, number sense, and generalization and abstraction to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) To increase the number of students who complete advanced mathematics courses in high school, the middle school advanced mathematics courses are designed to enable students to complete Algebra I by the end of Grade 8.(4) In Grade 8, Middle School Advanced Mathematics, Algebra I, students will build on the knowledge and skills for mathematics in Middle School Advanced Mathematics, Grades 6 and 7, which provide a foundation in linear relationships, number and operations, and proportionality. Students will study linear, quadratic, and exponential functions and their related transformations, equations, and associated solutions. Students will connect functions and their associated solutions in both mathematical and real-world situations. Students will use technology to collect and explore data and analyze statistical relationships. In addition, students will study polynomials of degree one and two, radical expressions, sequences, and laws of exponents. Students will generate and solve linear systems with two equations and two variables and will create new functions through transformations. The use of technology, including graphing tools, is essential in Grade 8, Middle School Advanced Mathematics, Algebra I, to bridge conceptual understanding and procedural fluency.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Linear functions, equations, and inequalities. The student applies the mathematical process standards when using properties of linear functions to write and represent in multiple ways, with and without technology, linear equations, inequalities, and systems of equations. The student is expected to:(A) determine the domain and range of a linear function in mathematical problems; determine reasonable domain and range values for real-world situations, both continuous and discrete; and represent domain and range using inequalities;(B) write linear equations in two variables in various forms, including y = mx + b, Ax + By = C, and y - y1 = m(x - x1), given one point and the slope and given two points;(C) write linear equations in two variables given a table of values, a graph, and a verbal description;(D) write and solve equations involving direct variation;(E) write the equation of a line that contains a given point and is parallel to a given line;(F) write the equation of a line that contains a given point and is perpendicular to a given line;(G) write an equation of a line that is parallel or perpendicular to the x- or y- axis and determine whether the slope of the line is zero or undefined;(H) write linear inequalities in two variables given a table of values, a graph, and a verbal description; and(I) write systems of two linear equations given a table of values, a graph, and a verbal description.(3) Linear functions, equations, and inequalities. The student applies the mathematical process standards when using graphs of linear functions, key features, and related transformations to represent in multiple ways and solve, with and without technology, equations, inequalities, and systems of equations. The student is expected to:(A) use similar right triangles to develop an understanding that slope, m, given as the rate comparing the change in y-values to the change in x-values, (y2 - y1)/ (x2 - x1), is the same for any two points (x1, y1) and (x2, y2) on the same line;(B) graph proportional relationships, interpreting the unit rate as the slope of the line that models the relationship;(C) determine the slope of a line given a table of values, a graph, two points on the line, and an equation written in various forms, including y = mx + b, Ax + By = C, and y - y1 = m(x - x1);(D) calculate the rate of change of a linear function represented tabularly, graphically, or algebraically in context of mathematical and real-world problems;(E) use data from a table or graph to determine the rate of change or slope and y-intercept in mathematical and real-world problems;(F) graph linear functions on the coordinate plane and identify key features, including x-intercept, y-intercept, zeros, and slope, in mathematical and real-world problems;(G) graph the solution set of linear inequalities in two variables on the coordinate plane;(H) determine the effects on the graph of the parent function f(x) = x2 when f(x) is replaced by af(x ), f(x) + d, f(x - c), and f(bx) for specific values of a, b, c, and d;(I) graph systems of two linear equations in two variables on the coordinate plane and determine the solutions if they exist;(J) estimate graphically the solutions to systems of two linear equations with two variables in real-world problems; and(K) graph the solution set of systems of two linear inequalities in two variables on the coordinate plane.(4) Linear functions, equations, and inequalities. The student applies the mathematical process standards to formulate statistical relationships and evaluate their reasonableness based on real-world data. The student is expected to:(A) construct a scatterplot and describe the observed data to address questions of association such as linear, non-linear, and no association between bivariate data;(B) contrast bivariate sets of data that suggest a linear relationship with bivariate sets of data that do not suggest a linear relationship from a graphical representation;(C) use a trend line that approximates the linear relationship between bivariate sets of data to make predictions;(D) calculate, using technology, the correlation coefficient between two quantitative variables and interpret this quantity as a measure of the strength of the linear association;(E) compare and contrast association and causation in real-world problems; and(F) write, with and without technology, linear functions that provide a reasonable fit to data to estimate solutions and make predictions for real-world problems.(5) Linear functions, equations, and inequalities. The student applies the mathematical process standards to solve, with and without technology, linear equations and evaluate the reasonableness of their solutions. The student is expected to:(A) solve linear equations in one variable, including those for which the application of the distributive property is necessary and for which variables are included on both sides;(B) solve linear inequalities in one variable, including those for which the application of the distributive property is necessary and for which variables are included on both sides; and(C) solve systems of two linear equations with two variables for mathematical and real-world problems.(6) Quadratic functions and equations. The student applies the mathematical process standards when using properties of quadratic functions to write and represent in multiple ways, with and without technology, quadratic equations. The student is expected to:(A) determine the domain and range of quadratic functions and represent the domain and range using inequalities;(B) write equations of quadratic functions given the vertex and another point on the graph, write the equation in vertex form (f(x) = a(x - h)2+ k), and rewrite the equation from vertex form to standard form (f(x) = ax2+ bx + c); and(C) write quadratic functions when given real solutions and graphs of their related equations.(7) Quadratic functions and equations. The student applies the mathematical process standards when using graphs of quadratic functions and their related transformations to represent in multiple ways and determine, with and without technology, the solutions to equations. The student is expected to:(A) graph quadratic functions on the coordinate plane and use the graph to identify key attributes, if possible, including x-intercept, y-intercept, zeros, maximum value, minimum values, vertex, and the equation of the axis of symmetry;(B) describe the relationship between the linear factors of quadratic expressions and the zeros of their associated quadratic functions; and(C) determine the effects on the graph of the parent function f(x) = x2 when f(x) is replaced by af(x), f(x) + d, f(x - c), and f(bx) for specific values of a, b, c, and d.(8) Quadratic functions and equations. The student applies the mathematical process standards to solve, with and without technology, quadratic equations and evaluate the reasonableness of their solutions. The student formulates statistical relationships and evaluates their reasonableness based on real-world data. The student is expected to:(A) solve quadratic equations having real solutions by factoring, taking square roots, completing the square, and applying the quadratic formula; and(B) write, using technology, quadratic functions that provide a reasonable fit to data to estimate solutions and make predictions for real-world problems.(9) Exponential functions and equations. The student applies the mathematical process standards when using properties of exponential functions and their related transformations to write, graph, and represent in multiple ways exponential equations and evaluate, with and without technology, the reasonableness of their solutions. The student formulates statistical relationships and evaluates their reasonableness based on real-world data. The student is expected to:(A) determine the domain and range of exponential functions of the form f(x) = abx and represent the domain and range using inequalities;(B) interpret the meaning of the values of a and b in exponential functions of the form f(x) = abx in real-world problems;(C) write exponential functions in the form f(x) = abx (where b is a rational number) to describe problems arising from mathematical and real-world situations, including growth and decay;(D) graph exponential functions that model growth and decay and identify key features, including y-intercept and asymptote, in mathematical and real-world problems; and(E) write, using technology, exponential functions that provide a reasonable fit to data and make predictions for real-world problems.(10) Number and algebraic methods. The student applies the mathematical process standards and algebraic methods to rewrite in equivalent forms and perform operations on polynomial expressions. The student is expected to:(A) add and subtract polynomials of degree one and degree two;(B) multiply polynomials of degree one and degree two;(C) determine the quotient of a polynomial of degree one and polynomial of degree two when divided by a polynomial of degree one and polynomial of degree two when the degree of the divisor does not exceed the degree of the dividend;(D) rewrite polynomial expressions of degree one and degree two in equivalent forms using the distributive property;(E) factor, if possible, trinomials with real factors in the form ax2 + bx + c, including perfect square trinomials of degree two; and(F) decide if a binomial can be written as the difference of two squares and, if possible, use the structure of a difference of two squares to rewrite the binomial.(11) Number and algebraic methods. The student applies the mathematical process standards and algebraic methods to rewrite algebraic expressions into equivalent forms. The student is expected to:(A) simplify numerical radical expressions involving square roots; and(B) simplify numeric and algebraic expressions using the laws of exponents, including integral and rational exponents.(12) Number and algebraic methods. The student applies the mathematical process standards and algebraic methods to write, solve, analyze, and evaluate equations, relations, and functions. The student is expected to:(A) identify functions using sets of ordered pairs and mappings;(B) decide whether relations represented verbally, tabularly, graphically, and symbolically define a function;(C) evaluate functions, expressed in function notation, given one or more elements in their domains;(D) identify terms of arithmetic and geometric sequences when the sequences are given in function form using recursive processes;(E) write a formula for the nth term of arithmetic and geometric sequences, given the value of several of their terms; and(F) solve mathematic and scientific formulas, and other literal equations, for a specified variable.</content><note type="source"><p>Source Note: The provisions of this §111.31 adopted to be effective July 6, 2025, 50 TexReg 3743.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c111/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.38"><num value="111.38">§111.38</num><heading>Implementation of Texas Essential Knowledge and Skills for Mathematics, High School, Adopted 2012</heading><content>(a) The provisions of §§111.39-111.45 of this subchapter shall be implemented by school districts.(b) No later than June 30, 2015, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for mathematics as adopted in §§111.39-111.45 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§111.39-111.45 of this subchapter shall be implemented beginning with the 2015-2016 school year and apply to the 2015-2016 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than June 30 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§111.39-111.45 of this subchapter shall be implemented for the following school year.(e) Sections 111.31-111.37 of this subchapter shall be superseded by the implementation of §§111.38-111.45 under this section.</content><note type="source"><p>Source Note: The provisions of this §111.38 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.39"><num value="111.39">§111.39</num><heading>Algebra I, Adopted 2012 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grade 8 or 9. Prerequisite: Mathematics, Grade 8 or its equivalent. (b) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) In Algebra I, students will build on the knowledge and skills for mathematics in Grades 6-8, which provide a foundation in linear relationships, number and operations, and proportionality. Students will study linear, quadratic, and exponential functions and their related transformations, equations, and associated solutions. Students will connect functions and their associated solutions in both mathematical and real-world situations. Students will use technology to collect and explore data and analyze statistical relationships. In addition, students will study polynomials of degree one and two, radical expressions, sequences, and laws of exponents. Students will generate and solve linear systems with two equations and two variables and will create new functions through transformations. (4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (c) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Linear functions, equations, and inequalities. The student applies the mathematical process standards when using properties of linear functions to write and represent in multiple ways, with and without technology, linear equations, inequalities, and systems of equations. The student is expected to: (A) determine the domain and range of a linear function in mathematical problems; determine reasonable domain and range values for real-world situations, both continuous and discrete; and represent domain and range using inequalities; (B) write linear equations in two variables in various forms, including y = mx + b, Ax + By = C, and y - y1 = m (x - x1) given one point and the slope and given two points; (C) write linear equations in two variables given a table of values, a graph, and a verbal description; (D) write and solve equations involving direct variation; (E) write the equation of a line that contains a given point and is parallel to a given line; (F) write the equation of a line that contains a given point and is perpendicular to a given line; (G) write an equation of a line that is parallel or perpendicular to the X or Y axis and determine whether the slope of the line is zero or undefined; (H) write linear inequalities in two variables given a table of values, a graph, and a verbal description; and (I) write systems of two linear equations given a table of values, a graph, and a verbal description. (3) Linear functions, equations, and inequalities. The student applies the mathematical process standards when using graphs of linear functions, key features, and related transformations to represent in multiple ways and solve, with and without technology, equations, inequalities, and systems of equations. The student is expected to: (A) determine the slope of a line given a table of values, a graph, two points on the line, and an equation written in various forms, including y = mx + b, Ax + By = C, and y - y1 = m (x - x1);(B) calculate the rate of change of a linear function represented tabularly, graphically, or algebraically in context of mathematical and real-world problems; (C) graph linear functions on the coordinate plane and identify key features, including x- intercept, y- intercept, zeros, and slope, in mathematical and real-world problems; (D) graph the solution set of linear inequalities in two variables on the coordinate plane; (E) determine the effects on the graph of the parent function f(x) = x when f(x) is replaced by af(x), f(x) + d, f(x - c), f(bx) for specific values of a, b, c, and d; (F) graph systems of two linear equations in two variables on the coordinate plane and determine the solutions if they exist; (G) estimate graphically the solutions to systems of two linear equations with two variables in real-world problems; and (H) graph the solution set of systems of two linear inequalities in two variables on the coordinate plane. (4) Linear functions, equations, and inequalities. The student applies the mathematical process standards to formulate statistical relationships and evaluate their reasonableness based on real-world data. The student is expected to: (A) calculate, using technology, the correlation coefficient between two quantitative variables and interpret this quantity as a measure of the strength of the linear association; (B) compare and contrast association and causation in real-world problems; and (C) write, with and without technology, linear functions that provide a reasonable fit to data to estimate solutions and make predictions for real-world problems. (5) Linear functions, equations, and inequalities. The student applies the mathematical process standards to solve, with and without technology, linear equations and evaluate the reasonableness of their solutions. The student is expected to: (A) solve linear equations in one variable, including those for which the application of the distributive property is necessary and for which variables are included on both sides; (B) solve linear inequalities in one variable, including those for which the application of the distributive property is necessary and for which variables are included on both sides; and (C) solve systems of two linear equations with two variables for mathematical and real-world problems. (6) Quadratic functions and equations. The student applies the mathematical process standards when using properties of quadratic functions to write and represent in multiple ways, with and without technology, quadratic equations. The student is expected to: (A) determine the domain and range of quadratic functions and represent the domain and range using inequalities; (B) write equations of quadratic functions given the vertex and another point on the graph, write the equation in vertex form (f(x) = a(x - h)2+ k), and rewrite the equation from vertex form to standard form (f(x) = ax2 + bx + c); and (C) write quadratic functions when given real solutions and graphs of their related equations. (7) Quadratic functions and equations. The student applies the mathematical process standards when using graphs of quadratic functions and their related transformations to represent in multiple ways and determine, with and without technology, the solutions to equations. The student is expected to: (A) graph quadratic functions on the coordinate plane and use the graph to identify key attributes, if possible, including x- intercept, y- intercept, zeros, maximum value, minimum values, vertex, and the equation of the axis of symmetry; (B) describe the relationship between the linear factors of quadratic expressions and the zeros of their associated quadratic functions; and (C) determine the effects on the graph of the parent function f(x) = x2 when f(x) is replaced by af(x), f(x) + d, f(x - c), f(bx) for specific values of a, b, c, and d. (8) Quadratic functions and equations. The student applies the mathematical process standards to solve, with and without technology, quadratic equations and evaluate the reasonableness of their solutions. The student formulates statistical relationships and evaluates their reasonableness based on real-world data. The student is expected to: (A) solve quadratic equations having real solutions by factoring, taking square roots, completing the square, and applying the quadratic formula; and (B) write, using technology, quadratic functions that provide a reasonable fit to data to estimate solutions and make predictions for real-world problems. (9) Exponential functions and equations. The student applies the mathematical process standards when using properties of exponential functions and their related transformations to write, graph, and represent in multiple ways exponential equations and evaluate, with and without technology, the reasonableness of their solutions. The student formulates statistical relationships and evaluates their reasonableness based on real-world data. The student is expected to: (A) determine the domain and range of exponential functions of the form f(x) = abx and represent the domain and range using inequalities; (B) interpret the meaning of the values of a and b in exponential functions of the form f(x) = abx in real-world problems; (C) write exponential functions in the form f(x) = abx (where b is a rational number) to describe problems arising from mathematical and real-world situations, including growth and decay; (D) graph exponential functions that model growth and decay and identify key features, including y- intercept and asymptote, in mathematical and real-world problems; and (E) write, using technology, exponential functions that provide a reasonable fit to data and make predictions for real-world problems. (10) Number and algebraic methods. The student applies the mathematical process standards and algebraic methods to rewrite in equivalent forms and perform operations on polynomial expressions. The student is expected to: (A) add and subtract polynomials of degree one and degree two; (B) multiply polynomials of degree one and degree two; (C) determine the quotient of a polynomial of degree one and polynomial of degree two when divided by a polynomial of degree one and polynomial of degree two when the degree of the divisor does not exceed the degree of the dividend; (D) rewrite polynomial expressions of degree one and degree two in equivalent forms using the distributive property; (E) factor, if possible, trinomials with real factors in the form ax2 + bx + c, including perfect square trinomials of degree two; and (F) decide if a binomial can be written as the difference of two squares and, if possible, use the structure of a difference of two squares to rewrite the binomial. (11) Number and algebraic methods. The student applies the mathematical process standards and algebraic methods to rewrite algebraic expressions into equivalent forms. The student is expected to: (A) simplify numerical radical expressions involving square roots; and (B) simplify numeric and algebraic expressions using the laws of exponents, including integral and rational exponents. (12) Number and algebraic methods. The student applies the mathematical process standards and algebraic methods to write, solve, analyze, and evaluate equations, relations, and functions. The student is expected to: (A) decide whether relations represented verbally, tabularly, graphically, and symbolically define a function; (B) evaluate functions, expressed in function notation, given one or more elements in their domains; (C) identify terms of arithmetic and geometric sequences when the sequences are given in function form using recursive processes; (D) write a formula for the n term of arithmetic and geometric sequences, given the value of several of their terms; and (E) solve mathematic and scientific formulas, and other literal equations, for a specified variable.</content><note type="source"><p>Source Note: The provisions of this §111.39 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.40"><num value="111.40">§111.40</num><heading>Algebra II, Adopted 2012 (One-Half to One Credit)</heading><content>(a) General requirements. Students shall be awarded one-half to one credit for successful completion of this course. Prerequisite: Algebra I. (b) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) In Algebra II, students will build on the knowledge and skills for mathematics in Kindergarten-Grade 8 and Algebra I. Students will broaden their knowledge of quadratic functions, exponential functions, and systems of equations. Students will study logarithmic, square root, cubic, cube root, absolute value, rational functions, and their related equations. Students will connect functions to their inverses and associated equations and solutions in both mathematical and real-world situations. In addition, students will extend their knowledge of data analysis and numeric and algebraic methods. (4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (c) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Attributes of functions and their inverses. The student applies mathematical processes to understand that functions have distinct key attributes and understand the relationship between a function and its inverse. The student is expected to: (A) graph the functions f(x)=√x, f(x)=1/x, f(x)=x3, f(x) = 3√x, f(x) = bx, f(x) - |x|, and f(x)=logb(x) where b is 2, 10, and e, and, when applicable, analyze the key attributes such as domain, range, intercepts, symmetries, asymptotic behavior, and maximum and minimum given an interval; (B) graph and write the inverse of a function using notation such as f (C) describe and analyze the relationship between a function and its inverse (quadratic and square root, logarithmic and exponential), including the restriction(s) on domain, which will restrict its range; and (D) use the composition of two functions, including the necessary restrictions on the domain, to determine if the functions are inverses of each other. (3) Systems of equations and inequalities. The student applies mathematical processes to formulate systems of equations and inequalities, use a variety of methods to solve, and analyze reasonableness of solutions. The student is expected to: (A) formulate systems of equations, including systems consisting of three linear equations in three variables and systems consisting of two equations, the first linear and the second quadratic; (B) solve systems of three linear equations in three variables by using Gaussian elimination, technology with matrices, and substitution; (C) solve, algebraically, systems of two equations in two variables consisting of a linear equation and a quadratic equation; (D) determine the reasonableness of solutions to systems of a linear equation and a quadratic equation in two variables; (E) formulate systems of at least two linear inequalities in two variables; (F) solve systems of two or more linear inequalities in two variables; and (G) determine possible solutions in the solution set of systems of two or more linear inequalities in two variables. (4) Quadratic and square root functions, equations, and inequalities. The student applies mathematical processes to understand that quadratic and square root functions, equations, and quadratic inequalities can be used to model situations, solve problems, and make predictions. The student is expected to: (A) write the quadratic function given three specified points in the plane; (B) write the equation of a parabola using given attributes, including vertex, focus, directrix, axis of symmetry, and direction of opening; (C) determine the effect on the graph of f(x) = √x when f(x) is replaced by af(x), f(x) + d, f(bx), and f(x - c) for specific positive and negative values of a, b, c, and d; (D) transform a quadratic function f(x) = ax2 + bx + c to the form f(x) = a(x - h)2 + k to identify the different attributes of f(x); (E) formulate quadratic and square root equations using technology given a table of data; (F) solve quadratic and square root equations; (G) identify extraneous solutions of square root equations; and (H) solve quadratic inequalities. (5) Exponential and logarithmic functions and equations. The student applies mathematical processes to understand that exponential and logarithmic functions can be used to model situations and solve problems. The student is expected to: (A) determine the effects on the key attributes on the graphs of f(x) = bx and f(x) = logb(x) where b is 2, 10, and e when f(x) is replaced by af(x), f(x) + d, and f(x - c) for specific positive and negative real values of a, c, and d; (B) formulate exponential and logarithmic equations that model real-world situations, including exponential relationships written in recursive notation; (C) rewrite exponential equations as their corresponding logarithmic equations and logarithmic equations as their corresponding exponential equations; (D) solve exponential equations of the form y = abx where a is a nonzero real number and b is greater than zero and not equal to one and single logarithmic equations having real solutions; and (E) determine the reasonableness of a solution to a logarithmic equation. (6) Cubic, cube root, absolute value and rational functions, equations, and inequalities. The student applies mathematical processes to understand that cubic, cube root, absolute value and rational functions, equations, and inequalities can be used to model situations, solve problems, and make predictions. The student is expected to: (A) analyze the effect on the graphs of f(x) = x3 and f(x) = 3√x when f(x) is replaced by af(x), f(bx), f(x - c), and f(x) + d for specific positive and negative real values of a, b, c, and d; (B) solve cube root equations that have real roots; (C) analyze the effect on the graphs of f(x) = |x| when f(x) is replaced by af(x), f(bx), f(x-c), and f(x) + d for specific positive and negative real values of a, b, c, and d; (D) formulate absolute value linear equations; (E) solve absolute value linear equations; (F) solve absolute value linear inequalities; (G) analyze the effect on the graphs of f(x) = 1/x when f(x) is replaced by af(x), f(bx), f(x-c), and f(x) + d for specific positive and negative real values of a, b, c, and d; (H) formulate rational equations that model real-world situations; (I) solve rational equations that have real solutions; (J) determine the reasonableness of a solution to a rational equation; (K) determine the asymptotic restrictions on the domain of a rational function and represent domain and range using interval notation, inequalities, and set notation; and (L) formulate and solve equations involving inverse variation. (7) Number and algebraic methods. The student applies mathematical processes to simplify and perform operations on expressions and to solve equations. The student is expected to: (A) add, subtract, and multiply complex numbers; (B) add, subtract, and multiply polynomials; (C) determine the quotient of a polynomial of degree three and of degree four when divided by a polynomial of degree one and of degree two; (D) determine the linear factors of a polynomial function of degree three and of degree four using algebraic methods; (E) determine linear and quadratic factors of a polynomial expression of degree three and of degree four, including factoring the sum and difference of two cubes and factoring by grouping; (F) determine the sum, difference, product, and quotient of rational expressions with integral exponents of degree one and of degree two; (G) rewrite radical expressions that contain variables to equivalent forms; (H) solve equations involving rational exponents; and (I) write the domain and range of a function in interval notation, inequalities, and set notation. (8) Data. The student applies mathematical processes to analyze data, select appropriate models, write corresponding functions, and make predictions. The student is expected to: (A) analyze data to select the appropriate model from among linear, quadratic, and exponential models; (B) use regression methods available through technology to write a linear function, a quadratic function, and an exponential function from a given set of data; and (C) predict and make decisions and critical judgments from a given set of data using linear, quadratic, and exponential models.</content><note type="source"><p>Source Note: The provisions of this §111.40 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.41"><num value="111.41">§111.41</num><heading>Geometry, Adopted 2012 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: Algebra I. (b) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) In Geometry, students will build on the knowledge and skills for mathematics in Kindergarten-Grade 8 and Algebra I to strengthen their mathematical reasoning skills in geometric contexts. Within the course, students will begin to focus on more precise terminology, symbolic representations, and the development of proofs. Students will explore concepts covering coordinate and transformational geometry; logical argument and constructions; proof and congruence; similarity, proof, and trigonometry; two- and three-dimensional figures; circles; and probability. Students will connect previous knowledge from Algebra I to Geometry through the coordinate and transformational geometry strand. In the logical arguments and constructions strand, students are expected to create formal constructions using a straight edge and compass. Though this course is primarily Euclidean geometry, students should complete the course with an understanding that non-Euclidean geometries exist. In proof and congruence, students will use deductive reasoning to justify, prove and apply theorems about geometric figures. Throughout the standards, the term "prove" means a formal proof to be shown in a paragraph, a flow chart, or two-column formats. Proportionality is the unifying component of the similarity, proof, and trigonometry strand. Students will use their proportional reasoning skills to prove and apply theorems and solve problems in this strand. The two- and three-dimensional figure strand focuses on the application of formulas in multi-step situations since students have developed background knowledge in two- and three-dimensional figures. Using patterns to identify geometric properties, students will apply theorems about circles to determine relationships between special segments and angles in circles. Due to the emphasis of probability and statistics in the college and career readiness standards, standards dealing with probability have been added to the geometry curriculum to ensure students have proper exposure to these topics before pursuing their post-secondary education. (4) These standards are meant to provide clarity and specificity in regards to the content covered in the high school geometry course. These standards are not meant to limit the methodologies used to convey this knowledge to students. Though the standards are written in a particular order, they are not necessarily meant to be taught in the given order. In the standards, the phrase "to solve problems" includes both contextual and non-contextual problems unless specifically stated. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (c) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Coordinate and transformational geometry. The student uses the process skills to understand the connections between algebra and geometry and uses the one- and two-dimensional coordinate systems to verify geometric conjectures. The student is expected to: (A) determine the coordinates of a point that is a given fractional distance less than one from one end of a line segment to the other in one- and two-dimensional coordinate systems, including finding the midpoint; (B) derive and use the distance, slope, and midpoint formulas to verify geometric relationships, including congruence of segments and parallelism or perpendicularity of pairs of lines; and (C) determine an equation of a line parallel or perpendicular to a given line that passes through a given point. (3) Coordinate and transformational geometry. The student uses the process skills to generate and describe rigid transformations (translation, reflection, and rotation) and non-rigid transformations (dilations that preserve similarity and reductions and enlargements that do not preserve similarity). The student is expected to: (A) describe and perform transformations of figures in a plane using coordinate notation; (B) determine the image or pre-image of a given two-dimensional figure under a composition of rigid transformations, a composition of non-rigid transformations, and a composition of both, including dilations where the center can be any point in the plane; (C) identify the sequence of transformations that will carry a given pre-image onto an image on and off the coordinate plane; and (D) identify and distinguish between reflectional and rotational symmetry in a plane figure. (4) Logical argument and constructions. The student uses the process skills with deductive reasoning to understand geometric relationships. The student is expected to: (A) distinguish between undefined terms, definitions, postulates, conjectures, and theorems; (B) identify and determine the validity of the converse, inverse, and contrapositive of a conditional statement and recognize the connection between a biconditional statement and a true conditional statement with a true converse; (C) verify that a conjecture is false using a counterexample; and (D) compare geometric relationships between Euclidean and spherical geometries, including parallel lines and the sum of the angles in a triangle. (5) Logical argument and constructions. The student uses constructions to validate conjectures about geometric figures. The student is expected to: (A) investigate patterns to make conjectures about geometric relationships, including angles formed by parallel lines cut by a transversal, criteria required for triangle congruence, special segments of triangles, diagonals of quadrilaterals, interior and exterior angles of polygons, and special segments and angles of circles choosing from a variety of tools; (B) construct congruent segments, congruent angles, a segment bisector, an angle bisector, perpendicular lines, the perpendicular bisector of a line segment, and a line parallel to a given line through a point not on a line using a compass and a straightedge; (C) use the constructions of congruent segments, congruent angles, angle bisectors, and perpendicular bisectors to make conjectures about geometric relationships; and (D) verify the Triangle Inequality theorem using constructions and apply the theorem to solve problems. (6) Proof and congruence. The student uses the process skills with deductive reasoning to prove and apply theorems by using a variety of methods such as coordinate, transformational, and axiomatic and formats such as two-column, paragraph, and flow chart. The student is expected to: (A) verify theorems about angles formed by the intersection of lines and line segments, including vertical angles, and angles formed by parallel lines cut by a transversal and prove equidistance between the endpoints of a segment and points on its perpendicular bisector and apply these relationships to solve problems; (B) prove two triangles are congruent by applying the Side-Angle-Side, Angle-Side-Angle, Side-Side-Side, Angle-Angle-Side, and Hypotenuse-Leg congruence conditions; (C) apply the definition of congruence, in terms of rigid transformations, to identify congruent figures and their corresponding sides and angles; (D) verify theorems about the relationships in triangles, including proof of the Pythagorean Theorem, the sum of interior angles, base angles of isosceles triangles, midsegments, and medians, and apply these relationships to solve problems; and (E) prove a quadrilateral is a parallelogram, rectangle, square, or rhombus using opposite sides, opposite angles, or diagonals and apply these relationships to solve problems. (7) Similarity, proof, and trigonometry. The student uses the process skills in applying similarity to solve problems. The student is expected to: (A) apply the definition of similarity in terms of a dilation to identify similar figures and their proportional sides and the congruent corresponding angles; and (B) apply the Angle-Angle criterion to verify similar triangles and apply the proportionality of the corresponding sides to solve problems. (8) Similarity, proof, and trigonometry. The student uses the process skills with deductive reasoning to prove and apply theorems by using a variety of methods such as coordinate, transformational, and axiomatic and formats such as two-column, paragraph, and flow chart. The student is expected to: (A) prove theorems about similar triangles, including the Triangle Proportionality theorem, and apply these theorems to solve problems; and (B) identify and apply the relationships that exist when an altitude is drawn to the hypotenuse of a right triangle, including the geometric mean, to solve problems. (9) Similarity, proof, and trigonometry. The student uses the process skills to understand and apply relationships in right triangles. The student is expected to: (A) determine the lengths of sides and measures of angles in a right triangle by applying the trigonometric ratios sine, cosine, and tangent to solve problems; and (B) apply the relationships in special right triangles 30°-60°-90° and 45°-45°-90° and the Pythagorean theorem, including Pythagorean triples, to solve problems. (10) Two-dimensional and three-dimensional figures. The student uses the process skills to recognize characteristics and dimensional changes of two- and three-dimensional figures. The student is expected to: (A) identify the shapes of two-dimensional cross-sections of prisms, pyramids, cylinders, cones, and spheres and identify three-dimensional objects generated by rotations of two-dimensional shapes; and (B) determine and describe how changes in the linear dimensions of a shape affect its perimeter, area, surface area, or volume, including proportional and non-proportional dimensional change. (11) Two-dimensional and three-dimensional figures. The student uses the process skills in the application of formulas to determine measures of two- and three-dimensional figures. The student is expected to: (A) apply the formula for the area of regular polygons to solve problems using appropriate units of measure; (B) determine the area of composite two-dimensional figures comprised of a combination of triangles, parallelograms, trapezoids, kites, regular polygons, or sectors of circles to solve problems using appropriate units of measure; (C) apply the formulas for the total and lateral surface area of three-dimensional figures, including prisms, pyramids, cones, cylinders, spheres, and composite figures, to solve problems using appropriate units of measure; and (D) apply the formulas for the volume of three-dimensional figures, including prisms, pyramids, cones, cylinders, spheres, and composite figures, to solve problems using appropriate units of measure. (12) Circles. The student uses the process skills to understand geometric relationships and apply theorems and equations about circles. The student is expected to: (A) apply theorems about circles, including relationships among angles, radii, chords, tangents, and secants, to solve non-contextual problems; (B) apply the proportional relationship between the measure of an arc length of a circle and the circumference of the circle to solve problems; (C) apply the proportional relationship between the measure of the area of a sector of a circle and the area of the circle to solve problems; (D) describe radian measure of an angle as the ratio of the length of an arc intercepted by a central angle and the radius of the circle; and (E) show that the equation of a circle with center at the origin and radius r is x2 + y2 = r2 and determine the equation for the graph of a circle with radius r and center (h, k), (x - h)2 + (y - k)2 = r2;(13) Probability. The student uses the process skills to understand probability in real-world situations and how to apply independence and dependence of events. The student is expected to: (A) develop strategies to use permutations and combinations to solve contextual problems; (B) determine probabilities based on area to solve contextual problems; (C) identify whether two events are independent and compute the probability of the two events occurring together with or without replacement; (D) apply conditional probability in contextual problems; and (E) apply independence in contextual problems.</content><note type="source"><p>Source Note: The provisions of this §111.41 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.42"><num value="111.42">§111.42</num><heading>Precalculus, Adopted 2012 (One-Half to One Credit)</heading><content>(a) General requirements. Students shall be awarded one-half to one credit for successful completion of this course. Prerequisites: Algebra I, Geometry, and Algebra II. (b) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) Precalculus is the preparation for calculus. The course approaches topics from a function point of view, where appropriate, and is designed to strengthen and enhance conceptual understanding and mathematical reasoning used when modeling and solving mathematical and real-world problems. Students systematically work with functions and their multiple representations. The study of Precalculus deepens students' mathematical understanding and fluency with algebra and trigonometry and extends their ability to make connections and apply concepts and procedures at higher levels. Students investigate and explore mathematical ideas, develop multiple strategies for analyzing complex situations, and use technology to build understanding, make connections between representations, and provide support in solving problems. (4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (c) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Functions. The student uses process standards in mathematics to explore, describe, and analyze the attributes of functions. The student makes connections between multiple representations of functions and algebraically constructs new functions. The student analyzes and uses functions to model real-world problems. The student is expected to: (A) use the composition of two functions to model and solve real-world problems; (B) demonstrate that function composition is not always commutative; (C) represent a given function as a composite function of two or more functions; (D) describe symmetry of graphs of even and odd functions; (E) determine an inverse function, when it exists, for a given function over its domain or a subset of its domain and represent the inverse using multiple representations; (F) graph exponential, logarithmic, rational, polynomial, power, trigonometric, inverse trigonometric, and piecewise defined functions, including step functions; (G) graph functions, including exponential, logarithmic, sine, cosine, rational, polynomial, and power functions and their transformations, including af(x), f(x) + d, f(x - c), f(bx) for specific values of a, b, c, and d, in mathematical and real-world problems; (H) graph arcsin x and arccos x and describe the limitations on the domain; (I) determine and analyze the key features of exponential, logarithmic, rational, polynomial, power, trigonometric, inverse trigonometric, and piecewise defined functions, including step functions such as domain, range, symmetry, relative maximum, relative minimum, zeros, asymptotes, and intervals over which the function is increasing or decreasing; (J) analyze and describe end behavior of functions, including exponential, logarithmic, rational, polynomial, and power functions, using infinity notation to communicate this characteristic in mathematical and real-world problems; (K) analyze characteristics of rational functions and the behavior of the function around the asymptotes, including horizontal, vertical, and oblique asymptotes; (L) determine various types of discontinuities in the interval (-∞, ∞) as they relate to functions and explore the limitations of the graphing calculator as it relates to the behavior of the function around discontinuities; (M) describe the left-sided behavior and the right-sided behavior of the graph of a function around discontinuities; (N) analyze situations modeled by functions, including exponential, logarithmic, rational, polynomial, and power functions, to solve real-world problems; (O) develop and use a sinusoidal function that models a situation in mathematical and real-world problems; and (P) determine the values of the trigonometric functions at the special angles and relate them in mathematical and real-world problems. (3) Relations and geometric reasoning. The student uses the process standards in mathematics to model and make connections between algebraic and geometric relations. The student is expected to: (A) graph a set of parametric equations; (B) convert parametric equations into rectangular relations and convert rectangular relations into parametric equations; (C) use parametric equations to model and solve mathematical and real-world problems; (D) graph points in the polar coordinate system and convert between rectangular coordinates and polar coordinates; (E) graph polar equations by plotting points and using technology; (F) determine the conic section formed when a plane intersects a double-napped cone; (G) make connections between the locus definition of conic sections and their equations in rectangular coordinates; (H) use the characteristics of an ellipse to write the equation of an ellipse with center (h, k); and (I) use the characteristics of a hyperbola to write the equation of a hyperbola with center (h, k). (4) Number and measure. The student uses process standards in mathematics to apply appropriate techniques, tools, and formulas to calculate measures in mathematical and real-world problems. The student is expected to: (A) determine the relationship between the unit circle and the definition of a periodic function to evaluate trigonometric functions in mathematical and real-world problems; (B) describe the relationship between degree and radian measure on the unit circle; (C) represent angles in radians or degrees based on the concept of rotation and find the measure of reference angles and angles in standard position; (D) represent angles in radians or degrees based on the concept of rotation in mathematical and real-world problems, including linear and angular velocity; (E) determine the value of trigonometric ratios of angles and solve problems involving trigonometric ratios in mathematical and real-world problems; (F) use trigonometry in mathematical and real-world problems, including directional bearing; (G) use the Law of Sines in mathematical and real-world problems; (H) use the Law of Cosines in mathematical and real-world problems; (I) use vectors to model situations involving magnitude and direction; (J) represent the addition of vectors and the multiplication of a vector by a scalar geometrically and symbolically; and (K) apply vector addition and multiplication of a vector by a scalar in mathematical and real-world problems. (5) Algebraic reasoning. The student uses process standards in mathematics to evaluate expressions, describe patterns, formulate models, and solve equations and inequalities using properties, procedures, or algorithms. The student is expected to: (A) evaluate finite sums and geometric series, when possible, written in sigma notation; (B) represent arithmetic sequences and geometric sequences using recursive formulas; (C) calculate the n term and the n partial sum of an arithmetic series in mathematical and real-world problems; (D) represent arithmetic series and geometric series using sigma notation; (E) calculate the n term of a geometric series, the n partial sum of a geometric series, and sum of an infinite geometric series when it exists; (F) apply the Binomial Theorem for the expansion of (a + b)n in powers of a and b for a positive integer n, where a and b are any numbers; (G) use the properties of logarithms to evaluate or transform logarithmic expressions; (H) generate and solve logarithmic equations in mathematical and real-world problems; (I) generate and solve exponential equations in mathematical and real-world problems; (J) solve polynomial equations with real coefficients by applying a variety of techniques in mathematical and real-world problems; (K) solve polynomial inequalities with real coefficients by applying a variety of techniques and write the solution set of the polynomial inequality in interval notation in mathematical and real-world problems; (L) solve rational inequalities with real coefficients by applying a variety of techniques and write the solution set of the rational inequality in interval notation in mathematical and real-world problems; (M) use trigonometric identities such as reciprocal, quotient, Pythagorean, cofunctions, even/odd, and sum and difference identities for cosine and sine to simplify trigonometric expressions; and (N) generate and solve trigonometric equations in mathematical and real-world problems.</content><note type="source"><p>Source Note: The provisions of this §111.42 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.43"><num value="111.43">§111.43</num><heading>Mathematical Models with Applications, Adopted 2012 (One Credit)</heading><content>(a) General requirements. Students can be awarded one credit for successful completion of this course. Prerequisite: Algebra I.(b) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) Mathematical Models with Applications is designed to build on the knowledge and skills for mathematics in Kindergarten-Grade 8 and Algebra I. This mathematics course provides a path for students to succeed in Algebra II and prepares them for various post-secondary choices. Students learn to apply mathematics through experiences in personal finance, science, engineering, fine arts, and social sciences. Students use algebraic, graphical, and geometric reasoning to recognize patterns and structure, model information, solve problems, and communicate solutions. Students will select from tools such as physical objects; manipulatives; technology, including graphing calculators, data collection devices, and computers; and paper and pencil and from methods such as algebraic techniques, geometric reasoning, patterns, and mental math to solve problems.(4) In Mathematical Models with Applications, students will use a mathematical modeling cycle to analyze problems, understand problems better, and improve decisions. A basic mathematical modeling cycle is summarized in this paragraph. The student will:(A) represent:(i) identify the variables in the problem and select those that represent essential features; and(ii) formulate a model by creating and selecting from representations such as geometric, graphical, tabular, algebraic, or statistical that describe the relationships between the variables;(B) compute: analyze and perform operations on the relationships between the variables to draw conclusions;(C) interpret: interpret the results of the mathematics in terms of the original problem;(D) revise: confirm the conclusions by comparing the conclusions with the problem and revising as necessary; and(E) report: report on the conclusions and the reasoning behind the conclusions.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Mathematical modeling in personal finance. The student uses mathematical processes with graphical and numerical techniques to study patterns and analyze data related to personal finance. The student is expected to:(A) use rates and linear functions to solve problems involving personal finance and budgeting, including compensations and deductions;(B) solve problems involving personal taxes; and(C) analyze data to make decisions about banking, including options for online banking, checking accounts, overdraft protection, processing fees, and debit card/ATM fees.(3) Mathematical modeling in personal finance. The student uses mathematical processes with algebraic formulas, graphs, and amortization modeling to solve problems involving credit. The student is expected to:(A) use formulas to generate tables to display series of payments for loan amortizations resulting from financed purchases;(B) analyze personal credit options in retail purchasing and compare relative advantages and disadvantages of each option;(C) use technology to create amortization models to investigate home financing and compare buying a home to renting a home; and(D) use technology to create amortization models to investigate automobile financing and compare buying a vehicle to leasing a vehicle.(4) Mathematical modeling in personal finance. The student uses mathematical processes with algebraic formulas, numerical techniques, and graphs to solve problems related to financial planning. The student is expected to:(A) analyze and compare coverage options and rates in insurance;(B) investigate and compare investment options, including stocks, bonds, annuities, certificates of deposit, and retirement plans; and(C) analyze types of savings options involving simple and compound interest and compare relative advantages of these options.(5) Mathematical modeling in science and engineering. The student applies mathematical processes with algebraic techniques to study patterns and analyze data as it applies to science. The student is expected to:(A) use proportionality and inverse variation to describe physical laws such as Hook's Law, Newton's Second Law of Motion, and Boyle's Law;(B) use exponential models available through technology to model growth and decay in areas, including radioactive decay; and(C) use quadratic functions to model motion.(6) Mathematical modeling in science and engineering. The student applies mathematical processes with algebra and geometry to study patterns and analyze data as it applies to architecture and engineering. The student is expected to:(A) use similarity, geometric transformations, symmetry, and perspective drawings to describe mathematical patterns and structure in architecture;(B) use scale factors with two-dimensional and three-dimensional objects to demonstrate proportional and non-proportional changes in surface area and volume as applied to fields;(C) use the Pythagorean Theorem and special right-triangle relationships to calculate distances; and(D) use trigonometric ratios to calculate distances and angle measures as applied to fields.(7) Mathematical modeling in fine arts. The student uses mathematical processes with algebra and geometry to study patterns and analyze data as it applies to fine arts. The student is expected to:(A) use trigonometric ratios and functions available through technology to model periodic behavior in art and music;(B) use similarity, geometric transformations, symmetry, and perspective drawings to describe mathematical patterns and structure in art and photography;(C) use geometric transformations, proportions, and periodic motion to describe mathematical patterns and structure in music; and(D) use scale factors with two-dimensional and three-dimensional objects to demonstrate proportional and non-proportional changes in surface area and volume as applied to fields.(8) Mathematical modeling in social sciences. The student applies mathematical processes to determine the number of elements in a finite sample space and compute the probability of an event. The student is expected to:(A) determine the number of ways an event may occur using combinations, permutations, and the Fundamental Counting Principle;(B) compare theoretical to empirical probability; and(C) use experiments to determine the reasonableness of a theoretical model such as binomial or geometric.(9) Mathematical modeling in social sciences. The student applies mathematical processes and mathematical models to analyze data as it applies to social sciences. The student is expected to:(A) interpret information from various graphs, including line graphs, bar graphs, circle graphs, histograms, scatterplots, dot plots, stem-and-leaf plots, and box and whisker plots, to draw conclusions from the data and determine the strengths and weaknesses of conclusions;(B) analyze numerical data using measures of central tendency (mean, median, and mode) and variability (range, interquartile range or IQR, and standard deviation) in order to make inferences with normal distributions;(C) distinguish the purposes and differences among types of research, including surveys, experiments, and observational studies;(D) use data from a sample to estimate population mean or population proportion;(E) analyze marketing claims based on graphs and statistics from electronic and print media and justify the validity of stated or implied conclusions; and(F) use regression methods available through technology to model linear and exponential functions, interpret correlations, and make predictions.(10) Mathematical modeling in social sciences. The student applies mathematical processes to design a study and use graphical, numerical, and analytical techniques to communicate the results of the study. The student is expected to:(A) formulate a meaningful question, determine the data needed to answer the question, gather the appropriate data, analyze the data, and draw reasonable conclusions; and(B) communicate methods used, analyses conducted, and conclusions drawn for a data-analysis project through the use of one or more of the following: a written report, a visual display, an oral report, or a multi-media presentation.</content><note type="source"><p>Source Note: The provisions of this §111.43 adopted to be effective September 10, 2012, 37 TexReg 7109; amended to be effective August 24, 2015, 40 TexReg 5330.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.44"><num value="111.44">§111.44</num><heading>Advanced Quantitative Reasoning, Adopted 2012 (One-Half to One Credit)</heading><content>(a) General requirements. Students shall be awarded one-half to one credit for successful completion of this course. Prerequisites: Geometry and Algebra II. (b) Introduction. (1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century. (2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (3) In Advanced Quantitative Reasoning, students will develop and apply skills necessary for college, careers, and life. Course content consists primarily of applications of high school mathematics concepts to prepare students to become well-educated and highly informed 21st century citizens. Students will develop and apply reasoning, planning, and communication to make decisions and solve problems in applied situations involving numerical reasoning, probability, statistical analysis, finance, mathematical selection, and modeling with algebra, geometry, trigonometry, and discrete mathematics. (4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (c) Knowledge and skills. (1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to: (A) apply mathematics to problems arising in everyday life, society, and the workplace; (B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution; (C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems; (D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate; (E) create and use representations to organize, record, and communicate mathematical ideas; (F) analyze mathematical relationships to connect and communicate mathematical ideas; and (G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication. (2) Numeric reasoning. The student applies the process standards in mathematics to generate new understandings by extending existing knowledge. The student generates new mathematical understandings through problems involving numerical data that arise in everyday life, society, and the workplace. The student extends existing knowledge and skills to analyze real-world situations. The student is expected to: (A) use precision and accuracy in real-life situations related to measurement and significant figures; (B) apply and analyze published ratings, weighted averages, and indices to make informed decisions; (C) solve problems involving quantities that are not easily measured using proportionality; (D) solve geometric problems involving indirect measurement, including similar triangles, the Pythagorean Theorem, Law of Sines, Law of Cosines, and the use of dynamic geometry software; (E) solve problems involving large quantities using combinatorics; (F) use arrays to efficiently manage large collections of data and add, subtract, and multiply matrices to solve applied problems, including geometric transformations; (G) analyze various voting and selection processes to compare results in given situations; and (H) select and apply an algorithm of interest to solve real-life problems such as problems using recursion or iteration involving population growth or decline, fractals, and compound interest; the validity in recorded and transmitted data using checksums and hashing; sports rankings, weighted class rankings, and search engine rankings; and problems involving scheduling or routing situations using vertex-edge graphs, critical paths, Euler paths, and minimal spanning trees and communicate to peers the application of the algorithm in precise mathematical and nontechnical language. (3) Algebraic reasoning (expressions, equations, and generalized relationships). The student applies the process standards in mathematics to create and analyze mathematical models of everyday situations to make informed decisions related to earning, investing, spending, and borrowing money by appropriate, proficient, and efficient use of tools, including technology. The student uses mathematical relationships to make connections and predictions. The student judges the validity of a prediction and uses mathematical models to represent, analyze, and solve dynamic real-world problems. The student is expected to: (A) collect numerical bivariate data to create a scatterplot, select a function to model the data, justify the model selection, and use the model to interpret results and make predictions; (B) describe the degree to which uncorrelated variables may or may not be related and analyze situations where correlated variables do or do not indicate a cause-and-effect relationship; (C) determine or analyze an appropriate growth or decay model for problem situations, including linear, exponential, and logistic functions; (D) determine or analyze an appropriate cyclical model for problem situations that can be modeled with periodic functions; (E) determine or analyze an appropriate piecewise model for problem situations; (F) create, represent, and analyze mathematical models for various types of income calculations to determine the best option for a given situation; (G) create, represent, and analyze mathematical models for expenditures, including those involving credit, to determine the best option for a given situation; and (H) create, represent, and analyze mathematical models and appropriate representations, including formulas and amortization tables, for various types of loans and investments to determine the best option for a given situation. (4) Probabilistic and statistical reasoning. The student uses the process standards in mathematics to generate new understandings of probability and statistics. The student analyzes statistical information and evaluates risk and return to connect mathematical ideas and make informed decisions. The student applies a problem-solving model and statistical methods to design and conduct a study that addresses one or more particular question(s). The student uses multiple representations to communicate effectively the results of student-generated statistical studies and the critical analysis of published statistical studies. The student is expected to: (A) use a two-way frequency table as a sample space to identify whether two events are independent and to interpret the results; (B) use the Addition Rule, P(A or B) = P(A) + P(B) - P(A and B), in mathematical and real-world problems; (C) calculate conditional probabilities and probabilities of compound events using tree diagrams, Venn diagrams, area models, and formulas; (D) interpret conditional probabilities and probabilities of compound events by analyzing representations to make decisions in problem situations; (E) use probabilities to make and justify decisions about risks in everyday life; (F) calculate expected value to analyze mathematical fairness, payoff, and risk; (G) determine the validity of logical arguments that include compound conditional statements by constructing truth tables; (H) identify limitations and lack of relevant information in studies reporting statistical information, especially when studies are reported in condensed form; (I) interpret and compare statistical results using appropriate technology given a margin of error; (J) identify potential misuses of statistics to justify particular conclusions, including assertions of a cause-and-effect relationship rather than an association, and missteps or fallacies in logical reasoning; (K) describe strengths and weaknesses of sampling techniques, data and graphical displays, and interpretations of summary statistics and other results appearing in a study, including reports published in the media; (L) determine the need for and purpose of a statistical investigation and what type of statistical analysis can be used to answer a specific question or set of questions; (M) identify the population of interest for a statistical investigation, select an appropriate sampling technique, and collect data; (N) identify the variables to be used in a study; (O) determine possible sources of statistical bias in a study and how bias may affect the validity of the results; (P) create data displays for given data sets to investigate, compare, and estimate center, shape, spread, and unusual features of the data; (Q) analyze possible sources of data variability, including those that can be controlled and those that cannot be controlled; (R) report results of statistical studies to a particular audience, including selecting an appropriate presentation format, creating graphical data displays, and interpreting results in terms of the question studied; (S) justify the design and the conclusion(s) of statistical studies, including the methods used; and (T) communicate statistical results in oral and written formats using appropriate statistical and nontechnical language.</content><note type="source"><p>Source Note: The provisions of this §111.44 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.45"><num value="111.45">§111.45</num><heading>Independent Study in Mathematics, Adopted 2012 (One-Half to One Credit)</heading><content>(a) General requirements.(1) Students shall be awarded one-half to one credit for successful completion of this course. Prerequisites: Geometry and Algebra II.(2) Students may repeat this course with different course content for up to three credits.(3) The requirements for each course must be approved by the local district before the course begins.(4) If this course is being used to satisfy requirements for the Distinguished Achievement Program, student research/products must be presented before a panel of professionals or approved by the student's mentor.(b) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) In Independent Study in Mathematics, students will extend their mathematical understanding beyond the Algebra II level in a specific area or areas of mathematics such as theory of equations, number theory, non-Euclidean geometry, linear algebra, advanced survey of mathematics, or history of mathematics.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills: mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(1) apply mathematics to problems arising in everyday life, society, and the workplace;(2) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(3) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(4) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(5) create and use representations to organize, record, and communicate mathematical ideas;(6) analyze mathematical relationships to connect and communicate mathematical ideas; and(7) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.</content><note type="source"><p>Source Note: The provisions of this §111.45 adopted to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.46"><num value="111.46">§111.46</num><heading>Discrete Mathematics for Problem Solving, Adopted 2013 (One-Half to One Credit)</heading><content>(a) General requirements. Students shall be awarded one-half to one credit for successful completion of this course. Prerequisite: Algebra II.(b) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) In Discrete Mathematics for Problem Solving, students are introduced to the improved efficiency of mathematical analysis and quantitative techniques over trial-and-error approaches to management problems involving organization, scheduling, project planning, strategy, and decision making. Students will learn how mathematical topics such as graph theory, planning and scheduling, group decision making, fair division, game theory, and theory of moves can be applied to management and decision making. Students will research mathematicians of the past whose work is relevant to these topics today and read articles about current mathematicians who either teach and conduct research at major universities or work in business and industry solving real-world logistical problems. Through the study of the applications of mathematics to society's problems today, students will become better prepared for and gain an appreciation for the value of a career in mathematics.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Graph theory. The student applies the concept of graphs to determine possible solutions to real-world problems. The student is expected to:(A) explain the concept of graphs;(B) use graph models for simple problems in management science;(C) determine the valences of the vertices of a graph;(D) identify Euler circuits in a graph;(E) solve route inspection problems by Eulerizing a graph;(F) determine solutions modeled by edge traversal in a graph;(G) compare the results of solving the traveling salesman problem (TSP) using the nearest neighbor algorithm and using a greedy algorithm;(H) distinguish between real-world problems modeled by Euler circuits and those modeled by Hamiltonian circuits;(I) distinguish between algorithms that yield optimal solutions and those that give nearly optimal solutions;(J) find minimum-cost spanning trees using Kruskal's algorithm;(K) use the critical path method to determine the earliest possible completion time for a collection of tasks; and(L) explain the difference between a graph and a directed graph.(3) Planning and scheduling. The student uses heuristic algorithms to solve real-world problems. The student is expected to:(A) use the list processing algorithm to schedule tasks on identical processors;(B) recognize situations appropriate for modeling or scheduling problems;(C) determine whether a schedule is optimal using the critical path method together with the list processing algorithm;(D) identify situations appropriate for modeling by bin packing;(E) use any of six heuristic algorithms to solve bin packing problems;(F) solve independent task scheduling problems using the list processing algorithm; and(G) explain the relationship between scheduling problems and bin packing problems.(4) Group decision making. The student uses mathematical processes to apply decision-making schemes. The student analyzes the effects of multiple types of weighted voting and applies multiple voting concepts to real-world situations. The student is expected to:(A) describe the concept of a preference schedule and how to use it;(B) explain how particular decision-making schemes work;(C) determine the outcome for various voting methods, given the voters' preferences;(D) explain how different voting schemes or the order of voting can lead to different results;(E) describe the impact of various strategies on the results of the decision-making process;(F) explain the impact of Arrow's Impossibility Theorem;(G) relate the meaning of approval voting;(H) explain the need for weighted voting and how it works;(I) identify voting concepts such as Borda count, Condorcet winner, dummy voter, and coalition; and(J) compute the Banzhaf power index and explain its significance.(5) Fair division. The student applies the adjusted winner procedure and Knaster inheritance procedure to real-world situations. The student is expected to:(A) use the adjusted winner procedure to determine a fair allocation of property;(B) use the adjusted winner procedure to resolve a dispute;(C) explain how to reach a fair division using the Knaster inheritance procedure;(D) solve fair division problems with three or more players using the Knaster inheritance procedure;(E) explain the conditions under which the trimming procedure can be applied to indivisible goods;(F) identify situations appropriate for the techniques of fair division;(G) compare the advantages of the divider and the chooser in the divider-chooser method;(H) discuss the rules and strategies of the divider-chooser method;(I) resolve cake-division problems for three players using the last-diminisher method;(J) analyze the relative importance of the three desirable properties of fair division: equitability, envy-freeness, and Pareto optimality; and(K) identify fair division procedures that exhibit envy-freeness.(6) Game (or competition) theory. The student uses knowledge of basic game theory concepts to calculate optimal strategies. The student analyzes situations and identifies the use of gaming strategies. The student is expected to:(A) recognize competitive game situations;(B) represent a game with a matrix;(C) identify basic game theory concepts and vocabulary;(D) determine the optimal pure strategies and value of a game with a saddle point by means of the minimax technique;(E) explain the concept of and need for a mixed strategy;(F) compute the optimal mixed strategy and the expected value for a player in a game who has only two pure strategies;(G) model simple two-by-two, bimatrix games of partial conflict;(H) identify the nature and implications of the game called "Prisoners' Dilemma";(I) explain the game known as "chicken";(J) identify examples that illustrate the prevalence of Prisoners' Dilemma and chicken in our society; and(K) determine when a pair of strategies for two players is in equilibrium.(7) Theory of moves. The student analyzes the theory of moves (TOM). The student uses the TOM and game theory to analyze conflicts. The student is expected to:(A) compare and contrast TOM and game theory;(B) explain the rules of TOM;(C) describe what is meant by a cyclic game;(D) use a game tree to analyze a two-person game;(E) determine the effect of approaching Prisoners' Dilemma and chicken from the standpoint of TOM and contrast that to the effect of approaching them from the standpoint of game theory;(F) describe the use of TOM in a larger, more complicated game; and(G) model a conflict from literature or from a real-life situation as a two-by-two strict ordinal game and compare the results predicted by game theory and by TOM.</content><note type="source"><p>Source Note: The provisions of this §111.46 adopted to be effective August 25, 2014, 38 TexReg 9027.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.47"><num value="111.47">§111.47</num><heading>Statistics, Adopted 2015 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: Algebra I.(b) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) In Statistics, students will build on the knowledge and skills for mathematics in Kindergarten-Grade 8 and Algebra I. Students will broaden their knowledge of variability and statistical processes. Students will study sampling and experimentation, categorical and quantitative data, probability and random variables, inference, and bivariate data. Students will connect data and statistical processes to real-world situations. In addition, students will extend their knowledge of data analysis.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Statistical process sampling and experimentation. The student applies mathematical processes to apply understandings about statistical studies, surveys, and experiments to design and conduct a study and use graphical, numerical, and analytical techniques to communicate the results of the study. The student is expected to:(A) compare and contrast the benefits of different sampling techniques, including random sampling and convenience sampling methods;(B) distinguish among observational studies, surveys, and experiments;(C) analyze generalizations made from observational studies, surveys, and experiments;(D) distinguish between sample statistics and population parameters;(E) formulate a meaningful question, determine the data needed to answer the question, gather the appropriate data, analyze the data, and draw reasonable conclusions;(F) communicate methods used, analyses conducted, and conclusions drawn for a data-analysis project through the use of one or more of the following: a written report, a visual display, an oral report, or a multi-media presentation; and(G) critically analyze published findings for appropriateness of study design implemented, sampling methods used, or the statistics applied.(3) Variability. The student applies the mathematical process standards when describing and modeling variability. The student is expected to:(A) distinguish between mathematical models and statistical models;(B) construct a statistical model to describe variability around the structure of a mathematical model for a given situation; (C) distinguish among different sources of variability, including measurement, natural, induced, and sampling variability; and(D) describe and model variability using population and sampling distributions.(4) Categorical and quantitative data. The student applies the mathematical process standards to represent and analyze both categorical and quantitative data. The student is expected to:(A) distinguish between categorical and quantitative data; (B) represent and summarize data and justify the representation; (C) analyze the distribution characteristics of quantitative data, including determining the possible existence and impact of outliers; (D) compare and contrast different graphical or visual representations given the same data set; (E) compare and contrast meaningful information derived from summary statistics given a data set; and(F) analyze categorical data, including determining marginal and conditional distributions, using two-way tables.(5) Probability and random variables. The student applies the mathematical process standards to connect probability and statistics. The student is expected to:(A) determine probabilities, including the use of a two-way table;(B) describe the relationship between theoretical and empirical probabilities using the Law of Large Numbers;(C) construct a distribution based on a technology-generated simulation or collected samples for a discrete random variable; and(D) compare statistical measures such as sample mean and standard deviation from a technology-simulated sampling distribution to the theoretical sampling distribution.(6) Inference. The student applies the mathematical process standards to make inferences and justify conclusions from statistical studies. The student is expected to:(A) explain how a sample statistic and a confidence level are used in the construction of a confidence interval;(B) explain how changes in the sample size, confidence level, and standard deviation affect the margin of error of a confidence interval;(C) calculate a confidence interval for the mean of a normally distributed population with a known standard deviation;(D) calculate a confidence interval for a population proportion;(E) interpret confidence intervals for a population parameter, including confidence intervals from media or statistical reports;(F) explain how a sample statistic provides evidence against a claim about a population parameter when using a hypothesis test;(G) construct null and alternative hypothesis statements about a population parameter;(H) explain the meaning of the p-value in relation to the significance level in providing evidence to reject or fail to reject the null hypothesis in the context of the situation;(I) interpret the results of a hypothesis test using technology-generated results such as large sample tests for proportion, mean, difference between two proportions, and difference between two independent means; and(J) describe the potential impact of Type I and Type II Errors.(7) Bivariate data. The student applies the mathematical process standards to analyze relationships among bivariate quantitative data. The student is expected to:(A) analyze scatterplots for patterns, linearity, outliers, and influential points;(B) transform a linear parent function to determine a line of best fit;(C) compare different linear models for the same set of data to determine best fit, including discussions about error;(D) compare different methods for determining best fit, including median-median and absolute value; (E) describe the relationship between influential points and lines of best fit using dynamic graphing technology; and(F) identify and interpret the reasonableness of attributes of lines of best fit within the context, including slope and y -intercept.</content><note type="source"><p>Source Note: The provisions of this §111.47 adopted to be effective March 18, 2015, 40 TexReg 1371.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scC/s111.48"><num value="111.48">§111.48</num><heading>Algebraic Reasoning, Adopted 2015 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: Algebra I.(b) Introduction.(1) The desire to achieve educational excellence is the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding, Texas will lead the way in mathematics education and prepare all Texas students for the challenges they will face in the 21st century.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) In Algebraic Reasoning, students will build on the knowledge and skills for mathematics in Kindergarten-Grade 8 and Algebra I, continue with the development of mathematical reasoning related to algebraic understandings and processes, and deepen a foundation for studies in subsequent mathematics courses. Students will broaden their knowledge of functions and relationships, including linear, quadratic, square root, rational, cubic, cube root, exponential, absolute value, and logarithmic functions. Students will study these functions through analysis and application that includes explorations of patterns and structure, number and algebraic methods, and modeling from data using tools that build to workforce and college readiness such as probes, measurement tools, and software tools, including spreadsheets.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Mathematical process standards. The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) Patterns and structure. The student applies mathematical processes to connect finite differences or common ratios to attributes of functions. The student is expected to:(A) determine the patterns that identify the relationship between a function and its common ratio or related finite differences as appropriate, including linear, quadratic, cubic, and exponential functions; (B) classify a function as linear, quadratic, cubic, and exponential when a function is represented tabularly using finite differences or common ratios as appropriate;(C) determine the function that models a given table of related values using finite differences and its restricted domain and range; and(D) determine a function that models real-world data and mathematical contexts using finite differences such as the age of a tree and its circumference, figurative numbers, average velocity, and average acceleration.(3) Patterns and structure. The student applies mathematical processes to understand the connections among representations of functions and combinations of functions, including the constant function, f(x) = x, f(x) = x 2 , f(x) = √x, f(x) = 1 /x , f(x) = x 3, f(x) = 3 √x, f(x) = bx, f(x) = |x |, and f(x) = logb (x) where b is 10 or e; functions and their inverses; and key attributes of these functions. The student is expected to: (A) compare and contrast the key attributes, including domain, range, maxima, minima, and intercepts, of a set of functions such as a set comprised of a linear, a quadratic, and an exponential function or a set comprised of an absolute value, a quadratic, and a square root function tabularly, graphically, and symbolically; (B) compare and contrast the key attributes of a function and its inverse when it exists, including domain, range, maxima, minima, and intercepts, tabularly, graphically, and symbolically;(C) verify that two functions are inverses of each other tabularly and graphically such as situations involving compound interest and interest rate, velocity and braking distance, and Fahrenheit-Celsius conversions;(D) represent a resulting function tabularly, graphically, and symbolically when functions are combined or separated using arithmetic operations such as combining a 20% discount and a 6% sales tax on a sale to determine h(x), the total sale, f(x) = 0.8 x, g(x) = 0.06(0.8x), and h(x) = f(x) + g(x); (E) model a situation using function notation when the output of one function is the input of a second function such as determining a function h(x) = g(f(x)) = 1.06(0.8x) for the final purchase price, h(x) of an item with price x dollars representing a 20% discount, f(x) = 0.8x followed by a 6% sales tax, g(x) = 1.06x; and (F) compare and contrast a function and possible functions that can be used to build it tabularly, graphically, and symbolically such as a quadratic function that results from multiplying two linear functions.(4) Number and algebraic methods. The student applies mathematical processes to simplify and perform operations on functions represented in a variety of ways, including real-world situations. The student is expected to:(A) connect tabular representations to symbolic representations when adding, subtracting, and multiplying polynomial functions arising from mathematical and real-world situations such as applications involving surface area and volume;(B) compare and contrast the results when adding two linear functions and multiplying two linear functions that are represented tabularly, graphically, and symbolically;(C) determine the quotient of a polynomial function of degree three and of degree four when divided by a polynomial function of degree one and of degree two when represented tabularly and symbolically; and(D) determine the linear factors of a polynomial function of degree two and of degree three when represented symbolically and tabularly and graphically where appropriate.(5) Number and algebraic methods. The student applies mathematical processes to represent, simplify, and perform operations on matrices and to solve systems of equations using matrices. The student is expected to:(A) add and subtract matrices;(B) multiply matrices;(C) multiply matrices by a scalar;(D) represent and solve systems of two linear equations arising from mathematical and real-world situations using matrices; and(E) represent and solve systems of three linear equations arising from mathematical and real-world situations using matrices and technology.(6) Number and algebraic methods. The student applies mathematical processes to estimate and determine solutions to equations resulting from functions and real-world applications with fluency. The student is expected to: (A) estimate a reasonable input value that results in a given output value for a given function, including quadratic, rational, and exponential functions; (B) solve equations arising from questions asked about functions that model real-world applications, including linear and quadratic functions, tabularly, graphically, and symbolically; and(C) approximate solutions to equations arising from questions asked about exponential, logarithmic, square root, and cubic functions that model real-world applications tabularly and graphically.(7) Modeling from data. The student applies mathematical processes to analyze and model data based on real-world situations with corresponding functions. The student is expected to:(A) represent domain and range of a function using interval notation, inequalities, and set (builder) notation;(B) compare and contrast between the mathematical and reasonable domain and range of functions modeling real-world situations, including linear, quadratic, exponential, and rational functions; (C) determine the accuracy of a prediction from a function that models a set of data compared to the actual data using comparisons between average rates of change and finite differences such as gathering data from an emptying tank and comparing the average rate of change of the volume or the second differences in the volume to key attributes of the given model;(D) determine an appropriate function model, including linear, quadratic, and exponential functions, for a set of data arising from real-world situations using finite differences and average rates of change; and(E) determine if a given linear function is a reasonable model for a set of data arising from a real-world situation.</content><note type="source"><p>Source Note: The provisions of this §111.48 adopted to be effective May 31, 2015, 40 TexReg 3146.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c111/scD"><num value="D">SUBCHAPTER D</num><heading>OTHER HIGH SCHOOL MATHEMATICS COURSES</heading><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.51"><num value="111.51">§111.51</num><heading>Implementation of Texas Essential Knowledge and Skills for Mathematics, Other High School Mathematics Courses</heading><content>The provisions of this subchapter shall be implemented by school districts.</content><note type="source"><p>Source Note: The provisions of this §111.51 adopted to be effective September 1, 1998, 22 TexReg 7623; amended to be effective September 10, 2012, 37 TexReg 7109.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.53"><num value="111.53">§111.53</num><heading>Advanced Placement (AP) Statistics (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisites: Algebra II, Geometry.(b) Content requirements. Content requirements for Advanced Placement (AP) Statistics are prescribed in the College Board Publication Advanced Placement Course Description: Statistics, published by The College Board. This publication may be obtained from the College Board Advanced Placement Program.</content><note type="source"><p>Source Note: The provisions of this §111.53 adopted to be effective September 1, 1998, 22 TexReg 7623; amended to be effective August 27, 2018, 43 TexReg 5526.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.54"><num value="111.54">§111.54</num><heading>Advanced Placement (AP) Calculus AB (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: Precalculus.(b) Content requirements. Content requirements for Advanced Placement (AP) Calculus AB are prescribed in the College Board Publication Advanced Placement Course Description Mathematics: Calculus AB, Calculus BC, published by The College Board. This publication may be obtained from the College Board Advanced Placement Program.</content><note type="source"><p>Source Note: The provisions of this §111.54 adopted to be effective September 1, 1998, 22 TexReg 7623; amended to be effective August 27, 2018, 43 TexReg 5526.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.55"><num value="111.55">§111.55</num><heading>Advanced Placement (AP) Calculus BC (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: Precalculus.(b) Content requirements. Content requirements for Advanced Placement (AP) Calculus BC are prescribed in the College Board Publication Advanced Placement Course Description: Calculus AB, Calculus BC, published by The College Board. This publication may be obtained from the College Board Advanced Placement Program.</content><note type="source"><p>Source Note: The provisions of this §111.55 adopted to be effective September 1, 1998, 22 TexReg 7623; amended to be effective August 27, 2018, 43 TexReg 5526.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.56"><num value="111.56">§111.56</num><heading>Advanced Placement (AP) Precalculus (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisites: Algebra II and Geometry.(b) Content requirements. Content requirements for Advanced Placement (AP) Precalculus are prescribed in the College Board Publication Advanced Placement Course Description Mathematics: Precalculus, published by The College Board. This publication may be obtained from the College Board Advanced Placement Program.</content><note type="source"><p>Source Note: The provisions of this §111.56 adopted to be effective August 1, 2023, 48 TexReg 1294.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.61"><num value="111.61">§111.61</num><heading>International Baccalaureate (IB) Mathematics: Analysis and Approaches Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Algebra II, Geometry. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Mathematics: Analysis and Approaches Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §111.61 adopted to be effective August 7, 2019, 44 TexReg 4047.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.62"><num value="111.62">§111.62</num><heading>International Baccalaureate (IB) Mathematics: Analysis and Approaches Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Algebra II, Geometry. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Mathematics: Analysis and Approaches Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §111.62 adopted to be effective August 7, 2019, 44 TexReg 4047.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.63"><num value="111.63">§111.63</num><heading>International Baccalaureate (IB) Mathematics: Applications and Interpretations Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Algebra II, Geometry. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Mathematics: Applications and Interpretations Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §111.63 adopted to be effective August 7, 2019, 44 TexReg 4047.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c111/scD/s111.64"><num value="111.64">§111.64</num><heading>International Baccalaureate (IB) Mathematics: Applications and Interpretations Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Algebra II, Geometry. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Mathematics: Applications and Interpretations Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §111.64 adopted to be effective August 7, 2019, 44 TexReg 4047.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c112"><num value="112">CHAPTER 112</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SCIENCE</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c112/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c112/scA/s112.1"><num value="112.1">§112.1</num><heading>Implementation of Texas Essential Knowledge and Skills for Science, Elementary, Adopted 2021</heading><content>(a) The provisions of §§112.2-112.7 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2023, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for science as adopted in §§112.2-112.7 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§112.2-112.7 of this subchapter shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§112.2-112.7 of this subchapter shall be implemented for the following school year.(e) Sections 112.11-112.16 of this subchapter shall be superseded by the implementation of §§112.2-112.7 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §112.1 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scA/s112.2"><num value="112.2">§112.2</num><heading>Science, Kindergarten, Adopted 2021</heading><content>(a) Introduction.(1) In Kindergarten through Grade 5 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation in science. In Kindergarten, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(iii) To support instruction in the science content standards, it is recommended that districts integrate scientific and engineering practices through classroom and outdoor investigations for at least 80% of instructional time.(B) Matter and its properties. Students build their knowledge of the natural world using their senses. The students focus on observable properties and patterns of objects, including shape, color, texture, and material.(C) Force, motion, and energy. Students explore the location, motion, and position of objects and investigate the importance of light energy as it relates to the students' everyday lives. Students focus on demonstrating light energy sources and their effect on objects.(D) Earth and space. Patterns are recognizable in the natural world and among objects in the sky. Students understand that weather, seasons of the year, and day and night are repeated patterns. Materials found on Earth can be used and classified.(E) Organisms and environments. All living organisms satisfy basic needs through interactions with nonliving things and living organisms, and they have structures and functions that help them survive within their environments. Students investigate the life cycle of plants and identify likenesses between parents and young.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct simple descriptive investigations and use engineering practices to design solutions to problems;(C) identify, describe, and demonstrate safe practices during classroom and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use tools, including hand lenses, goggles, trays, cups, bowls, sieves or sifters, notebooks, terrariums, aquariums, samples (rocks, sand, soil, loam, gravel, clay, seeds, and plants), windsock, demonstration thermometer, rain gauge, straws, ribbons, non-standard measuring items, blocks or cubes, tuning fork, various flashlights, small paper cups, items that roll, noise makers, hot plate, opaque objects, transparent objects, foil pie pans, foil muffin cups, wax paper, Sun-Moon-Earth model, and plant life cycle model to observe, measure, test, and compare;(E) collect observations and measurements as evidence;(F) record and organize data using pictures, numbers, words, symbols, and simple graphs; and(G) develop and use models to represent phenomena, objects, and processes or design a prototype for a solution to a problem.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify basic advantages and limitations of models such as their size, properties, and materials;(B) analyze data by identifying significant features and patterns;(C) use mathematical concepts to compare two objects with common attributes; and(D) evaluate a design or object using criteria to determine if it works as intended.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) listen actively to others' explanations to identify important evidence and engage respectfully in scientific discussion.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) explain how science or an innovation can help others; and(B) identify scientists and engineers such as Isaac Newton, Mae Jemison, and Ynes Mexia and explore what different scientists and engineers do.(5) Recurring themes and concepts. The student uses recurring themes and concepts to make connections across disciplines. The student is expected to:(A) identify and use patterns to describe phenomena or design solutions;(B) investigate and predict cause-and-effect relationships in science;(C) describe the properties of objects in terms of relative size (scale) and relative quantity;(D) examine the parts of a whole to define or model a system;(E) identify forms of energy and properties of matter;(F) describe the relationship between the structure and function of objects, organisms, and systems; and(G) describe how factors or conditions can cause objects, organisms, and systems to either change or stay the same.(6) Matter and its properties. The student knows that objects have physical properties that determine how they are described and classified. The student is expected to identify and record observable physical properties of objects, including shape, color, texture, and material, and generate ways to classify objects.(7) Force, motion, and energy. The student knows that forces cause changes in motion and position in everyday life. The student is expected to describe and predict how a magnet interacts with various materials and how magnets can be used to push or pull.(8) Force, motion, and energy. The student knows that energy is everywhere and can be observed in everyday life. The student is expected to:(A) communicate the idea that objects can only be seen when a light source is present and compare the effects of different amounts of light on the appearance of objects; and(B) demonstrate and explain that light travels through some objects and is blocked by other objects, creating shadows.(9) Earth and space. The student knows that there are recognizable patterns in the natural world and among objects in the sky. The student is expected to:(A) identify, describe, and predict the patterns of day and night and their observable characteristics; and(B) observe, describe, and illustrate the Sun, Moon, stars, and objects in the sky such as clouds.(10) Earth and space. The student knows that the natural world includes earth materials and systems that can be observed. The student is expected to:(A) describe and classify rocks by the observable properties of size, shape, color, and texture;(B) observe and describe weather changes from day to day and over seasons; and(C) identify evidence that supports the idea that air is all around us and demonstrate that wind is moving air using items such as a windsock, pinwheel, or ribbon.(11) Earth and space. The student knows that earth materials are important to everyday life. The student is expected to observe and generate examples of practical uses for rocks, soil, and water.(12) Organisms and environments. The student knows that plants and animals depend on the environment to meet their basic needs for survival. The student is expected to:(A) observe and identify the dependence of plants on air, sunlight, water, nutrients in the soil, and space to grow; and(B) observe and identify the dependence of animals on air, water, food, space, and shelter.(13) Organisms and environments. The student knows that organisms resemble their parents and have structures and undergo processes that help them interact and survive within their environments. The student is expected to:(A) identify the structures of plants, including roots, stems, leaves, flowers, and fruits;(B) identify the different structures that animals have that allow them to interact with their environment such as seeing, hearing, moving, and grasping objects;(C) identify and record the changes from seed, seedling, plant, flower, and fruit in a simple plant life cycle; and(D) identify ways that young plants resemble the parent plant.</content><note type="source"><p>Source Note: The provisions of this §112.2 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scA/s112.3"><num value="112.3">§112.3</num><heading>Science, Grade 1, Adopted 2021</heading><content>(a) Introduction.(1) In Kindergarten through Grade 5 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation in science. In Grade 1, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(iii) To support instruction in the science content standards, it is recommended that districts integrate scientific and engineering practices through classroom and outdoor investigations for at least 80% of instructional time.(B) Matter and its properties. Students build their knowledge of the natural world using their senses. Students focus on observable properties and patterns of objects, including larger and smaller, heavier and lighter, shape, color, and texture. The students understand changes in materials caused by heating and cooling.(C) Force, motion, and energy. Students know that force and motion are related and that energy exists in many forms as a part of everyday life. Magnetism interacts with various materials and can be used as a push and pull. The students investigate the importance of heat and focus on changes caused by heating and cooling.(D) Earth and space. Patterns, cycles, and systems are recognizable in the natural world and among objects in the sky. Students make informed choices by understanding weather and seasonal patterns. Students understand that natural resources on Earth, including rocks, soil, and water, are used by humans and can be conserved.(E) Organisms and environments. All living organisms interact with living and nonliving things within their environments and use structures to meet their basic needs. Students know that organisms are interdependent and part of a food chain. The students investigate the life cycle of animals and identify likenesses between parents and young.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct simple descriptive investigations and use engineering practices to design solutions to problems;(C) identify, describe, and demonstrate safe practices during classroom and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use tools, including hand lenses, goggles, heat-resistant gloves, trays, cups, bowls, beakers, sieves/sifters, tweezers, primary balance, notebooks, terrariums, aquariums, stream tables, soil samples (loam, sand, gravel, rocks, and clay), seeds, plants, windsock, pinwheel, student thermometer, demonstration thermometer, rain gauge, straws, ribbons, non-standard measuring items, flashlights, sandpaper, wax paper, items that are magnetic, non-magnetic items, a variety of magnets, hot plate, aluminum foil, Sun-Moon-Earth model, and plant and animal life cycle models to observe, measure, test, and compare;(E) collect observations and measurements as evidence;(F) record and organize data using pictures, numbers, words, symbols, and simple graphs; and(G) develop and use models to represent phenomena, objects, and processes or design a prototype for a solution to a problem.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify basic advantages and limitations of models such as their size, properties, and materials;(B) analyze data by identifying significant features and patterns;(C) use mathematical concepts to compare two objects with common attributes; and(D) evaluate a design or object using criteria to determine if it works as intended.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) listen actively to others' explanations to identify important evidence and engage respectfully in scientific discussion.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation for society. The student is expected to:(A) explain how science or an innovation can help others; and(B) identify scientists and engineers such as Katherine Johnson, Sally Ride, and Ernest Just and explore what different scientists and engineers do.(5) Recurring themes and concepts. The student uses recurring themes and concepts to make connections across disciplines. The student is expected to:(A) identify and use patterns to describe phenomena or design solutions;(B) investigate and predict cause-and-effect relationships in science;(C) describe the properties of objects in terms of relative size (scale) and relative quantity;(D) examine the parts of a whole to define or model a system;(E) identify forms of energy and properties of matter;(F) describe the relationship between structure and function of objects, organisms, and systems; and(G) describe how factors or conditions can cause objects, organisms, and systems to either change or stay the same.(6) Matter and its properties. The student knows that objects have physical properties that determine how they are described and classified. The student is expected to:(A) classify objects by observable physical properties, including, shape, color, and texture, and attributes such as larger and smaller and heavier and lighter;(B) explain and predict changes in materials caused by heating and cooling; and(C) demonstrate and explain that a whole object is a system made of organized parts such as a toy that can be taken apart and put back together.(7) Force, motion, and energy. The student knows that forces cause changes in motion and position in everyday life. The student is expected to:(A) explain how pushes and pulls can start, stop, or change the speed or direction of an object's motion; and(B) plan and conduct a descriptive investigation that predicts how pushes and pulls can start, stop, or change the speed or direction of an object's motion.(8) Force, motion, and energy. The student knows that energy is everywhere and can be observed in everyday life. The student is expected to:(A) investigate and describe applications of heat in everyday life such as cooking food or using a clothes dryer; and(B) describe how some changes caused by heat may be reversed such as melting butter and other changes cannot be reversed such as cooking an egg or baking a cake.(9) Earth and space. The student knows that the natural world has recognizable patterns. The student is expected to describe and predict the patterns of seasons of the year such as order of occurrence and changes in nature.(10) Earth and space. The student knows that the natural world includes earth materials that can be observed in systems and processes. The student is expected to:(A) investigate and document the properties of particle size, shape, texture, and color and the components of different types of soils such as topsoil, clay, and sand;(B) investigate and describe how water can move rock and soil particles from one place to another;(C) compare the properties of puddles, ponds, streams, rivers, lakes, and oceans, including color, clarity, size, shape, and whether it is freshwater or saltwater; and(D) describe and record observable characteristics of weather, including hot or cold, clear or cloudy, calm or windy, and rainy or icy, and explain the impact of weather on daily choices.(11) Earth and space. The student knows that earth materials and products made from these materials are important to everyday life. The student is expected to:(A) identify and describe how plants, animals, and humans use rocks, soil, and water;(B) explain why water conservation is important; and(C) describe ways to conserve water such as turning off the faucet when brushing teeth and protect natural sources of water such as keeping trash out of bodies of water.(12) Organisms and environments. The student knows that the environment is composed of relationships between living organisms and nonliving components. The student is expected to:(A) classify living and nonliving things based upon whether they have basic needs and produce young;(B) describe and record examples of interactions and dependence between living and nonliving components in terrariums or aquariums; and(C) identify and illustrate how living organisms depend on each other through food chains.(13) Organisms and environments. The student knows that organisms resemble their parents and have structures and undergo processes that help them interact and survive within their environments. The student is expected to:(A) identify the external structures of different animals and compare how those structures help different animals live, move, and meet basic needs for survival;(B) record observations of and describe basic life cycles of animals, including a bird, a mammal, and a fish; and(C) compare ways that young animals resemble their parents.</content><note type="source"><p>Source Note: The provisions of this §112.3 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scA/s112.4"><num value="112.4">§112.4</num><heading>Science, Grade 2, Adopted 2021</heading><content>(a) Introduction.(1) In Kindergarten through Grade 5 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation in science. In Grade 2, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(iii) To support instruction in the science content standards, it is recommended that districts integrate scientific and engineering practices through classroom and outdoor investigations for at least 60% of instructional time.(B) Matter and its properties. Students build upon their knowledge of the natural world using their senses. The students focus on physical properties of matter and determine how observable properties can be changed through various processes. Students use these processes to form new objects.(C) Force, motion, and energy. Students know that force and motion are related and that energy exists in many forms as a part of everyday life. Magnetism interacts with various materials and can be used as a push and pull. The students investigate sound energy and focus on how sound affects objects.(D) Earth and space. Students observe objects in the sky, including the Sun and the Moon, and collect and analyze weather data. In addition, students identify natural and manmade resources and how they can be conserved.(E) Organisms and environments. All living organisms interact with living and nonliving things within their environments and use structures to meet their basic needs. Students understand that organisms are interdependent and part of a food chain. The students investigate the life cycle of animals and identify likenesses between parents and young.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct simple descriptive investigations and use engineering practices to design solutions to problems;(C) identify, describe, and demonstrate safe practices during classroom and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use tools, including hand lenses, goggles, heat-resistant gloves, trays, cups, bowls, beakers, notebooks, stream tables, soil, sand, gravel, flowering plants, student thermometer, demonstration thermometer, rain gauge, flashlights, ramps, balls, spinning tops, drums, tuning forks, sandpaper, wax paper, items that are flexible, non-flexible items, magnets, hot plate, aluminum foil, Sun-Moon-Earth model, and frog and butterfly life cycle models to observe, measure, test, and compare;(E) collect observations and measurements as evidence;(F) record and organize data using pictures, numbers, words, symbols, and simple graphs; and(G) develop and use models to represent phenomena, objects, and processes or design a prototype for a solution to a problem.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify basic advantages and limitations of models such as their size, properties, and materials;(B) analyze data by identifying significant features and patterns;(C) use mathematical concepts to compare two objects with common attributes; and(D) evaluate a design or object using criteria to determine if it works as intended.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) listen actively to others' explanations to identify important evidence and engage respectfully in scientific discussion.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation for society. The student is expected to:(A) explain how science or an innovation can help others; and(B) identify scientists and engineers such as Alexander Graham Bell, Marie Daly, Mario Molina, and Jane Goodall and explore what different scientists and engineers do.(5) Recurring themes and concepts. The student uses recurring themes and concepts to make connections across disciplines. The student is expected to:(A) identify and use patterns to describe phenomena or design solutions;(B) investigate and predict cause-and-effect relationships in science;(C) measure and describe the properties of objects in terms of size and quantity;(D) examine the parts of a whole to define or model a system;(E) identify forms of energy and properties of matter;(F) describe the relationship between structure and function of objects, organisms, and systems; and(G) describe how factors or conditions can cause objects, organisms, and systems to either change or stay the same.(6) Matter and its properties. The student knows that matter has physical properties that determine how it is described, classified, and used. The student is expected to:(A) classify matter by observable physical properties, including texture, flexibility, and relative temperature, and identify whether a material is a solid or liquid;(B) conduct a descriptive investigation to explain how physical properties can be changed through processes such as cutting, folding, sanding, melting, or freezing; and(C) demonstrate that small units such as building blocks can be combined or reassembled to form new objects for different purposes and explain the materials chosen based on their physical properties.(7) Force, motion, and energy. The student knows that forces cause changes in motion and position in everyday life. The student is expected to:(A) explain how objects push on each other and may change shape when they touch or collide; and(B) plan and conduct a descriptive investigation to demonstrate how the strength of a push and pull changes an object's motion.(8) Force, motion, and energy. The student knows that energy is everywhere and can be observed in everyday life. The student is expected to:(A) demonstrate and explain that sound is made by vibrating matter and that vibrations can be caused by a variety of means, including sound;(B) explain how different levels of sound are used in everyday life such as a whisper in a classroom or a fire alarm; and(C) design and build a device using tools and materials that uses sound to solve the problem of communicating over a distance.(9) Earth and space. The student knows that there are recognizable patterns in the natural world and among objects in the sky. The student is expected to:(A) describe the Sun as a star that provides light and heat and explain that the Moon reflects the Sun's light; and(B) observe objects in the sky using tools such as a telescope and compare how objects in the sky are more visible and can appear different with a tool than with an unaided eye.(10) Earth and space. The student knows that the natural world includes earth materials that can be observed in systems and processes. The student is expected to:(A) investigate and describe how wind and water move soil and rock particles across the Earth's surface such as wind blowing sand into dunes on a beach or a river carrying rocks as it flows;(B) measure, record, and graph weather information, including temperature and precipitation; and(C) investigate different types of severe weather events such as a hurricane, tornado, or flood and explain that some events are more likely than others in a given region.(11) Earth and space. The student knows that earth materials and products made from these materials are important to everyday life. The student is expected to:(A) distinguish between natural and manmade resources; and(B) describe how human impact can be limited by making choices to conserve and properly dispose of materials such as reducing use of, reusing, or recycling paper, plastic, and metal.(12) Organisms and environments. The student knows that living organisms have basic needs that must be met through interactions within their environment. The student is expected to:(A) describe how the physical characteristics of environments, including the amount of rainfall, support plants and animals within an ecosystem;(B) create and describe food chains identifying producers and consumers to demonstrate how animals depend on other living things; and(C) explain and demonstrate how some plants depend on other living things, wind, or water for pollination and to move their seeds around.(13) Organisms and environments. The student knows that organisms have structures and undergo processes that help them interact and survive within their environments. The student is expected to:(A) identify the roots, stems, leaves, flowers, fruits, and seeds of plants and compare how those structures help different plants meet their basic needs for survival;(B) record and compare how the structures and behaviors of animals help them find and take in food, water, and air;(C) record and compare how being part of a group helps animals obtain food, defend themselves, and cope with changes; and(D) investigate and describe some of the unique life cycles of animals where young animals do not resemble their parents, including butterflies and frogs.</content><note type="source"><p>Source Note: The provisions of this §112.4 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scA/s112.5"><num value="112.5">§112.5</num><heading>Science, Grade 3, Adopted 2021</heading><content>(a) Introduction.(1) In Kindergarten through Grade 5 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation for high school courses. In Grade 3, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(iii) To support instruction in the science content standards, it is recommended that districts integrate scientific and engineering practices through classroom and outdoor investigations for at least 60% of instructional time.(B) Matter and energy. Students build upon the knowledge learned in Kindergarten-Grade 2 by investigating the physical properties of matter. Students explore states of matter and observe that changes can occur to matter through heating and cooling. The students explore using substances by combining them to create or modify objects based on their physical properties.(C) Force, motion, and energy. Students manipulate objects by pushing and pulling to demonstrate changes in motion and position. Students also identify forces such as magnetism and gravity. Students understand energy exists in many forms, including mechanical, thermal, light, and sound. The students identify forms of energy in everyday life.(D) Earth and space. Students learn that there are recognizable processes that change the Earth over time. Students compare day-to-day changes in weather. They also investigate how soil is formed through the processes of weathering and decomposition. Students model rapid changes to Earth's surface as well as explore ways to conserve Earth's resources. Students recognize that there are identifiable objects and patterns in Earth's solar system. Students model the orbits of the Sun, Earth, and Moon as well as describe their relationship to each other. This will set the foundation for Grade 4 when they look at changes in the appearance of the Moon. Students also identify the sequence of the planets in Earth's solar system.(E) Organisms and environments. Students explore patterns, systems, and cycles within environments by investigating characteristics of organisms, life cycles, and interactions among all components of the natural environment. Students examine how environment and the structures and functions of animals play a key role in survival. Students know that when changes in the environment occur, organisms may thrive, become ill, or perish. Students also examine fossils as evidence of past living organisms.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct descriptive investigations and use engineering practices to design solutions to problems;(C) demonstrate safe practices and the use of safety equipment during classroom and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use tools, including hand lenses; metric rulers; Celsius thermometers; wind vanes; rain gauges; graduated cylinders; beakers; digital scales; hot plates; meter sticks; magnets; notebooks; Sun, Earth, Moon system models; timing devices; materials to support observation of habitats of organisms such as terrariums, aquariums, and collecting nets; and materials to support digital data collection such as computers, tablets, and cameras, to observe, measure, test, and analyze information;(E) collect observations and measurements as evidence;(F) construct appropriate graphic organizers to collect data, including tables, bar graphs, line graphs, tree maps, concept maps, Venn diagrams, flow charts or sequence maps, and input-output tables that show cause and effect; and(G) develop and use models to represent phenomena, objects, and processes or design a prototype for a solution to a problem.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying any significant features, patterns, or sources of error;(C) use mathematical calculations to compare patterns and relationships; and(D) evaluate a design or object using criteria.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) listen actively to others' explanations to identify relevant evidence and engage respectfully in scientific discussion.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation for society. The student is expected to:(A) explain how scientific discoveries and innovative solutions to problems impact science and society; and(B) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field to investigate STEM careers.(5) Recurring themes and concepts. The student understands that recurring themes and concepts provide a framework for making connections across disciplines. The student is expected to:(A) identify and use patterns to explain scientific phenomena or to design solutions;(B) identify and investigate cause-and-effect relationships to explain scientific phenomena or analyze problems;(C) use scale, proportion, and quantity to describe, compare, or model different systems;(D) examine and model the parts of a system and their interdependence in the function of the system;(E) investigate the flow of energy and cycling of matter through systems;(F) explain the relationship between the structure and function of objects, organisms, and systems; and(G) explain how factors or conditions impact stability and change in objects, organisms, and systems.(6) Matter and energy. The student knows that matter has measurable physical properties that determine how matter is identified, classified, changed, and used. The student is expected to:(A) measure, test, and record physical properties of matter, including temperature, mass, magnetism, and the ability to sink or float in water;(B) describe and classify samples of matter as solids, liquids, and gases and demonstrate that solids have a definite shape and that liquids and gases take the shape of their container;(C) predict, observe, and record changes in the state of matter caused by heating or cooling in a variety of substances such as ice becoming liquid water, condensation forming on the outside of a glass, or liquid water being heated to the point of becoming water vapor (gas); and(D) demonstrate that materials can be combined based on their physical properties to create or modify objects such as building a tower or adding clay to sand to make a stronger brick and justify the selection of materials based on their physical properties.(7) Force, motion, and energy. The student knows the nature of forces and the patterns of their interactions. The student is expected to:(A) demonstrate and describe forces acting on an object in contact or at a distance, including magnetism, gravity, and pushes and pulls; and(B) plan and conduct a descriptive investigation to demonstrate and explain how position and motion can be changed by pushing and pulling objects such as swings, balls, and wagons.(8) Force, motion, and energy. The student knows that energy is everywhere and can be observed in cycles, patterns, and systems. The student is expected to:(A) identify everyday examples of energy, including light, sound, thermal, and mechanical; and(B) plan and conduct investigations that demonstrate how the speed of an object is related to its mechanical energy.(9) Earth and space. The student knows there are recognizable objects and patterns in Earth's solar system. The student is expected to:(A) construct models and explain the orbits of the Sun, Earth, and Moon in relation to each other; and(B) identify the order of the planets in Earth's solar system in relation to the Sun.(10) Earth and space. The student knows that there are recognizable processes that change Earth over time. The student is expected to:(A) compare and describe day-to-day weather in different locations at the same time, including air temperature, wind direction, and precipitation;(B) investigate and explain how soils such as sand and clay are formed by weathering of rock and by decomposition of plant and animal remains; and(C) model and describe rapid changes in Earth's surface such as volcanic eruptions, earthquakes, and landslides.(11) Earth and space. The student understands how natural resources are important and can be managed. The student is expected to:(A) explore and explain how humans use natural resources such as in construction, in agriculture, in transportation, and to make products;(B) explain why the conservation of natural resources is important; and(C) identify ways to conserve natural resources through reducing, reusing, or recycling.(12) Organisms and environments. The student describes patterns, cycles, systems, and relationships within environments. The student is expected to:(A) explain how temperature and precipitation affect animal growth and behavior through migration and hibernation and plant responses through dormancy;(B) identify and describe the flow of energy in a food chain and predict how changes in a food chain such as removal of frogs from a pond or bees from a field affect the ecosystem;(C) describe how natural changes to the environment such as floods and droughts cause some organisms to thrive and others to perish or move to new locations; and(D) identify fossils as evidence of past living organisms and environments, including common Texas fossils.(13) Organisms and environments. The student knows that organisms undergo similar life processes and have structures that function to help them survive within their environments. The student is expected to:(A) explore and explain how external structures and functions of animals such as the neck of a giraffe or webbed feet on a duck enable them to survive in their environment; and(B) explore, illustrate, and compare life cycles in organisms such as beetles, crickets, radishes, or lima beans.</content><note type="source"><p>Source Note: The provisions of this §112.5 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scA/s112.6"><num value="112.6">§112.6</num><heading>Science, Grade 4, Adopted 2021</heading><content>(a) Introduction.(1) In Kindergarten through Grade 5 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation for high school courses. In Grade 4, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(iii) To support instruction in the science content standards, it is recommended that districts integrate scientific and engineering practices through classroom and outdoor investigations for at least 50% of instructional time.(B) Matter and energy. Students investigate matter's measurable properties, including mass, volume, states, temperature, magnetism, and relative density, to determine how it is classified, changed, and used. Students compare and contrast a variety of mixtures, including solutions, and demonstrate that matter is conserved.(C) Force, motion, and energy. Students investigate forces, including friction, gravity, and magnetism, to observe their effects on objects. They differentiate between mechanical, sound, light, thermal, and electrical energy. Students observe the cycle of energy and the parts of a system while exploring circuits that produce light and thermal energy. They will build on their understanding of circuits in Grade 5. As students explore thermal and electrical energy, they observe the behavior of different materials to identify patterns and label the materials as conductors or insulators.(D) Earth and space. Students learn about processes on Earth that create patterns of change. These processes include the water cycle, weathering, erosion, deposition, the appearance of the Moon, and seasons. Students will build on this understanding in Grade 5 when they learn about day and night, shadows, and the rotation of Earth on its axis. Finally, students identify Earth's resources and classify them as renewable or nonrenewable.(E) Organisms and environments. In this strand, students begin to understand how organisms within an ecosystem interact. Students investigate producers to learn how they make food. Students build on their understanding of food chains, from Grade 3, as they explore food webs where they describe the flow of energy and the role of producers, consumers, and decomposers. They also use fossil evidence to describe environments of the past. Additionally, students explore plant structures and their functions. Students also differentiate between inherited and acquired traits of organisms.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct descriptive investigations and use engineering practices to design solutions to problems;(C) demonstrate safe practices and the use of safety equipment during classroom and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use tools, including hand lenses; metric rulers; Celsius thermometers; calculators; laser pointers; mirrors; digital scales; balances; graduated cylinders; beakers; hot plates; meter sticks; magnets; notebooks; timing devices; sieves; materials for building circuits; materials to support observation of habitats of organisms such as terrariums, aquariums, and collecting nets; and materials to support digital data collection such as computers, tablets, and cameras, to observe, measure, test, and analyze information;(E) collect observations and measurements as evidence;(F) construct appropriate graphic organizers used to collect data, including tables, bar graphs, line graphs, tree maps, concept maps, Venn diagrams, flow charts or sequence maps, and input-output tables that show cause and effect; and(G) develop and use models to represent phenomena, objects, and processes or design a prototype for a solution to a problem.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying any significant features, patterns, or sources of error;(C) use mathematical calculations to compare patterns and relationships; and(D) evaluate a design or object using criteria.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) listen actively to others' explanations to identify relevant evidence and engage respectfully in scientific discussion.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation for society. The student is expected to:(A) explain how scientific discoveries and innovative solutions to problems impact science and society; and(B) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field to investigate STEM careers.(5) Recurring themes and concepts. The student understands that recurring themes and concepts provide a framework for making connections across disciplines. The student is expected to:(A) identify and use patterns to explain scientific phenomena or to design solutions;(B) identify and investigate cause-and-effect relationships to explain scientific phenomena or analyze problems;(C) use scale, proportion, and quantity to describe, compare, or model different systems;(D) examine and model the parts of a system and their interdependence in the function of the system;(E) investigate how energy flows and matter cycles through systems and how matter is conserved;(F) explain the relationship between the structure and function of objects, organisms, and systems; and(G) explain how factors or conditions impact stability and change in objects, organisms, and systems.(6) Matter and energy. The student knows that matter has measurable physical properties that determine how matter is identified, classified, changed, and used. The student is expected to:(A) classify and describe matter using observable physical properties, including temperature, mass, magnetism, relative density (the ability to sink or float in water), and physical state (solid, liquid, gas);(B) investigate and compare a variety of mixtures, including solutions that are composed of liquids in liquids and solids in liquids; and(C) demonstrate that matter is conserved when mixtures such as soil and water or oil and water are formed.(7) Force, motion, and energy. The student knows the nature of forces and the patterns of their interactions. The student is expected to plan and conduct descriptive investigations to explore the patterns of forces such as gravity, friction, or magnetism in contact or at a distance on an object.(8) Force, motion, and energy. The student knows that energy is everywhere and can be observed in cycles, patterns, and systems. The student is expected to:(A) investigate and identify the transfer of energy by objects in motion, waves in water, and sound;(B) identify conductors and insulators of thermal and electrical energy; and(C) demonstrate and describe how electrical energy travels in a closed path that can produce light and thermal energy.(9) Earth and space. The student recognizes patterns among the Sun, Earth, and Moon system and their effects. The student is expected to:(A) collect and analyze data to identify sequences and predict patterns of change in seasons such as change in temperature and length of daylight; and(B) collect and analyze data to identify sequences and predict patterns of change in the observable appearance of the Moon from Earth.(10) Earth and space. The student knows that there are processes on Earth that create patterns of change. The student is expected to:(A) describe and illustrate the continuous movement of water above and on the surface of Earth through the water cycle and explain the role of the Sun as a major source of energy in this process;(B) model and describe slow changes to Earth's surface caused by weathering, erosion, and deposition from water, wind, and ice; and(C) differentiate between weather and climate.(11) Earth and space. The student understands how natural resources are important and can be managed. The student is expected to:(A) identify and explain advantages and disadvantages of using Earth's renewable and nonrenewable natural resources such as wind, water, sunlight, plants, animals, coal, oil, and natural gas;(B) explain the critical role of energy resources to modern life and how conservation, disposal, and recycling of natural resources impact the environment; and(C) determine the physical properties of rocks that allow Earth's natural resources to be stored there.(12) Organisms and environments. The student describes patterns, cycles, systems, and relationships within environments. The student is expected to:(A) investigate and explain how most producers can make their own food using sunlight, water, and carbon dioxide through the cycling of matter;(B) describe the cycling of matter and flow of energy through food webs, including the roles of the Sun, producers, consumers, and decomposers; and(C) identify and describe past environments based on fossil evidence, including common Texas fossils.(13) Organisms and environments. The student knows that organisms undergo similar life processes and have structures that function to help them survive within their environments. The student is expected to:(A) explore and explain how structures and functions of plants such as waxy leaves and deep roots enable them to survive in their environment; and(B) differentiate between inherited and acquired physical traits of organisms.</content><note type="source"><p>Source Note: The provisions of this §112.6 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scA/s112.7"><num value="112.7">§112.7</num><heading>Science, Grade 5, Adopted 2021</heading><content>(a) Introduction.(1) In Kindergarten through Grade 5 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation for high school courses. In Grade 5, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(iii) To support instruction in the science content standards, it is recommended that districts integrate scientific and engineering practices through classroom and outdoor investigations for at least 50% of instructional time.(B) Matter and energy. Students investigate matter expanding their understanding of properties learned in Grade 4 (mass, volume, states, temperature, magnetism, and relative density) to include solubility and the ability to conduct or insulate both thermal and electrical energy. Students observe the combination of substances to make mixtures and develop an understanding of conservation of matter. These concepts lead to the understanding of elements and compounds. Students will build on this understanding in middle school when they learn to determine density and to identify evidence of chemical changes.(C) Force, motion, and energy. Students investigate equal and unequal forces and the effects these forces have on objects (motion and direction). Additionally, students investigate energy, including mechanical, light, thermal, electrical, and sound. They uncover cycles (e.g., movement of thermal energy), patterns (e.g., behavior of light, including reflection and refraction), and systems through their exploration. Students will build on this understanding in middle school when they begin to use calculations and measurements to study force, motion, and energy through the study of Newton's Laws of Motion.(D) Earth and space. This strand is focused on identifying recognizable patterns and processes as students learn about Earth's rotation and demonstrate the effects this movement has on Earth's surface, including day and night, shadows, and the rotation of Earth on its axis. Students continue their learning of patterns and processes on Earth while exploring weather, climate, the water cycle, the formation of sedimentary rock and fossil fuels, and the formation of landforms. Finally, students learn ways to manage natural resources to support a healthy environment.(E) Organisms and environments. This strand focuses on identifying relationships, systems, and cycles within organisms and environments. Students describe the interactions of biotic and abiotic factors in an ecosystem. Students build on their understanding of food webs from Grade 4 by predicting how ecosystem changes affect the flow of energy. Additionally, they describe how humans impact the ecosystem. Students also learn how organisms' structures help them to survive, and they distinguish between instinctual and learned behaviors in animals. This will set the foundation for Grade 6 where students compare and contrast variations within organisms and how they impact survival.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct descriptive and simple experimental investigations and use engineering practices to design solutions to problems;(C) demonstrate safe practices and the use of safety equipment during classroom and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use tools, including calculators, microscopes, hand lenses, metric rulers, Celsius thermometers, prisms, concave and convex lenses, laser pointers, mirrors, digital scales, balances, spring scales, graduated cylinders, beakers, hot plates, meter sticks, magnets, collecting nets, notebooks, timing devices, materials for building circuits, materials to support observations of habitats or organisms such as terrariums and aquariums, and materials to support digital data collection such as computers, tablets, and cameras to observe, measure, test, and analyze information;(E) collect observations and measurements as evidence;(F) construct appropriate graphic organizers used to collect data, including tables, bar graphs, line graphs, tree maps, concept maps, Venn diagrams, flow charts or sequence maps, and input-output tables that show cause and effect; and(G) develop and use models to represent phenomena, objects, and processes or design a prototype for a solution to a problem.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying any significant features, patterns, or sources of error;(C) use mathematical calculations to compare patterns and relationships; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) listen actively to others' explanations to identify relevant evidence and engage respectfully in scientific discussion.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation for society. The student is expected to:(A) explain how scientific discoveries and innovative solutions to problems impact science and society; and(B) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field to investigate STEM careers.(5) Recurring themes and concepts. The student understands that recurring themes and concepts provide a framework for making connections across disciplines. The student is expected to:(A) identify and use patterns to explain scientific phenomena or to design solutions;(B) identify and investigate cause-and-effect relationships to explain scientific phenomena or analyze problems;(C) use scale, proportion, and quantity to describe, compare, or model different systems;(D) examine and model the parts of a system and their interdependence in the function of the system;(E) investigate how energy flows and matter cycles through systems and how matter is conserved;(F) explain the relationship between the structure and function of objects, organisms, and systems; and(G) explain how factors or conditions impact stability and change in objects, organisms, and systems.(6) Matter and energy. The student knows that matter has measurable physical properties that determine how matter is identified, classified, changed, and used. The student is expected to:(A) compare and contrast matter based on measurable, testable, or observable physical properties, including mass, magnetism, relative density (sinking and floating using water as a reference point), physical state (solid, liquid, gas), volume, solubility in water, and the ability to conduct or insulate thermal energy and electric energy;(B) demonstrate and explain that some mixtures maintain physical properties of their substances such as iron filings and sand or sand and water;(C) compare the properties of substances before and after they are combined into a solution and demonstrate that matter is conserved in solutions; and(D) illustrate how matter is made up of particles that are too small to be seen such as air in a balloon.(7) Force, motion, and energy. The student knows the nature of forces and the patterns of their interactions. The student is expected to:(A) investigate and explain how equal and unequal forces acting on an object cause patterns of motion and transfer of energy; and(B) design a simple experimental investigation that tests the effect of force on an object in a system such as a car on a ramp or a balloon rocket on a string.(8) Force, motion, and energy. The student knows that energy is everywhere and can be observed in cycles, patterns, and systems. The student is expected to:(A) investigate and describe the transformation of energy in systems such as energy in a flashlight battery that changes from chemical energy to electrical energy to light energy;(B) demonstrate that electrical energy in complete circuits can be transformed into motion, light, sound, or thermal energy and identify the requirements for a functioning electrical circuit; and(C) demonstrate and explain how light travels in a straight line and can be reflected, refracted, or absorbed.(9) Earth and space. The student recognizes patterns among the Sun, Earth, and Moon system and their effects. The student is expected to demonstrate that Earth rotates on its axis once approximately every 24 hours and explain how that causes the day/night cycle and the appearance of the Sun moving across the sky, resulting in changes in shadow positions and shapes.(10) Earth and space. The student knows that there are recognizable patterns and processes on Earth. The student is expected to:(A) explain how the Sun and the ocean interact in the water cycle and affect weather;(B) model and describe the processes that led to the formation of sedimentary rocks and fossil fuels; and(C) model and identify how changes to Earth's surface by wind, water, or ice result in the formation of landforms, including deltas, canyons, and sand dunes.(11) Earth and space. The student understands how natural resources are important and can be managed. The student is expected to design and explain solutions such as conservation, recycling, or proper disposal to minimize environmental impact of the use of natural resources.(12) Organisms and environments. The student describes patterns, cycles, systems, and relationships within environments. The student is expected to:(A) observe and describe how a variety of organisms survive by interacting with biotic and abiotic factors in a healthy ecosystem;(B) predict how changes in the ecosystem affect the cycling of matter and flow of energy in a food web; and(C) describe a healthy ecosystem and how human activities can be beneficial or harmful to an ecosystem.(13) Organisms and environments. The student knows that organisms undergo similar life processes and have structures and behaviors that help them survive within their environments. The student is expected to:(A) analyze the structures and functions of different species to identify how organisms survive in the same environment; and(B) explain how instinctual behavioral traits such as turtle hatchlings returning to the sea and learned behavioral traits such as orcas hunting in packs increase chances of survival.</content><note type="source"><p>Source Note: The provisions of this §112.7 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c112/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c112/scB/s112.25"><num value="112.25">§112.25</num><heading>Implementation of Texas Essential Knowledge and Skills for Science, Middle School, Adopted 2021</heading><content>(a) The provisions of §§112.26-112.28 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2023, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for science as adopted in §§112.26-112.28 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§112.26-112.28 of this subchapter shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§112.26-112.28 of this subchapter shall be implemented for the following school year.(e) Sections 112.18-112.20 of this subchapter shall be superseded by the implementation of §§112.26-112.28 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §112.25 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scB/s112.26"><num value="112.26">§112.26</num><heading>Science, Grade 6, Adopted 2021</heading><content>(a) Introduction.(1) In Grades 6 through 8 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation for high school courses. In Grade 6, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(B) Matter and energy. Students build upon their knowledge of properties of solids, liquids, and gases and further explore their molecular energies. In Grade 6, students learn how elements are classified as metals, nonmetals, or metalloids based on their properties on the Periodic Table. Students have previous experience with mixtures in Grade 5. Grade 6 furthers their understanding by investigating the different types of mixtures. Subsequent grades will learn about compounds. In Grade 6, students compare the density of substances relative to fluids and identify evidence of chemical changes.(C) Force, motion, and energy. Students investigate the relationship between force and motion using a variety of means, including calculations and measurements through the study of Newton's Third Law of Motion. Subsequent grades will study force and motion through Newton's First and Second Laws of Motion. Energy occurs as either potential or kinetic energy. Potential energy can take several forms, including gravitational, elastic, and chemical energy. Energy is conserved throughout systems by changing from one form to another and transfers through waves.(D) Earth and space. Cycles within Sun, Earth, and Moon systems are studied as students learn about seasons and tides. Students identify that the Earth is divided into spheres and examine the processes within and organization of the geosphere. Researching the advantages and disadvantages of short- and long-term uses of resources enables informed decision making about resource management.(E) Organisms and environments. All living organisms are made up of smaller units called cells. Ecosystems are organized into communities, populations, and organisms. Students compare and contrast variations within organisms and how they impact survival. Students examine relationships and interactions between organisms, biotic factors, and abiotic factors in an ecosystem.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as graduated cylinders, metric rulers, periodic tables, balances, scales, thermometers, temperature probes, laboratory ware, timing devices, pH indicators, hot plates, models, microscopes, slides, life science models, petri dishes, dissecting kits, magnets, spring scales or force sensors, tools that model wave behavior, satellite images, hand lenses, and lab notebooks or journals;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) construct appropriate tables, graphs, maps, and charts using repeated trials and means to organize data;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying any significant descriptive statistical features, patterns, sources of error, or limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) relate the impact of past and current research on scientific thought and society, including the process of science, cost-benefit analysis, and contributions of diverse scientists as related to the content;(B) make informed decisions by evaluating evidence from multiple appropriate sources to assess the credibility, accuracy, cost-effectiveness, and methods used; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field to investigate STEM careers.(5) Recurring themes and concepts. The student understands that recurring themes and concepts provide a framework for making connections across disciplines. The student is expected to:(A) identify and apply patterns to understand and connect scientific phenomena or to design solutions;(B) identify and investigate cause-and-effect relationships to explain scientific phenomena or analyze problems;(C) analyze how differences in scale, proportion, or quantity affect a system's structure or performance;(D) examine and model the parts of a system and their interdependence in the function of the system;(E) analyze and explain how energy flows and matter cycles through systems and how energy and matter are conserved through a variety of systems;(F) analyze and explain the complementary relationship between the structure and function of objects, organisms, and systems; and(G) analyze and explain how factors or conditions impact stability and change in objects, organisms, and systems.(6) Matter and energy. The student knows that matter is made of atoms, can be classified according to its properties, and can undergo changes. The student is expected to:(A) compare solids, liquids, and gases in terms of their structure, shape, volume, and kinetic energy of atoms and molecules;(B) investigate the physical properties of matter to distinguish between pure substances, homogeneous mixtures (solutions), and heterogeneous mixtures;(C) identify elements on the periodic table as metals, nonmetals, metalloids, and rare Earth elements based on their physical properties and importance to modern life;(D) compare the density of substances relative to various fluids; and(E) identify the formation of a new substance by using the evidence of a possible chemical change, including production of a gas, change in thermal energy, production of a precipitate, and color change.(7) Force, motion, and energy. The student knows the nature of forces and their role in systems that experience stability or change. The student is expected to:(A) identify and explain how forces act on objects, including gravity, friction, magnetism, applied forces, and normal forces, using real-world applications;(B) calculate the net force on an object in a horizontal or vertical direction using diagrams and determine if the forces are balanced or unbalanced; and(C) identify simultaneous force pairs that are equal in magnitude and opposite in direction that result from the interactions between objects using Newton's Third Law of Motion.(8) Force, motion, and energy. The student knows that the total energy in systems is conserved through energy transfers and transformations. The student is expected to:(A) compare and contrast gravitational, elastic, and chemical potential energies with kinetic energy;(B) describe how energy is conserved through transfers and transformations in systems such as electrical circuits, food webs, amusement park rides, or photosynthesis; and(C) explain how energy is transferred through transverse and longitudinal waves.(9) Earth and space. The student models the cyclical movements of the Sun, Earth, and Moon and describes their effects. The student is expected to:(A) model and illustrate how the tilted Earth revolves around the Sun, causing changes in seasons; and(B) describe and predict how the positions of the Earth, Sun, and Moon cause daily, spring, and neap cycles of ocean tides due to gravitational forces.(10) Earth and space. The student understands the rock cycle and the structure of Earth. The student is expected to:(A) differentiate between the biosphere, hydrosphere, atmosphere, and geosphere and identify components of each system;(B) model and describe the layers of Earth, including the inner core, outer core, mantle, and crust; and(C) describe how metamorphic, igneous, and sedimentary rocks form and change through geologic processes in the rock cycle.(11) Earth and space. The student understands how resources are managed. The student is expected to:(A) research and describe why resource management is important in reducing global energy poverty, malnutrition, and air and water pollution; and(B) explain how conservation, increased efficiency, and technology can help manage air, water, soil, and energy resources.(12) Organisms and environments. The student knows that interdependence occurs between living systems and the environment. The student is expected to:(A) investigate how organisms and populations in an ecosystem depend on and may compete for biotic factors such as food and abiotic factors such as availability of light and water, range of temperatures, or soil composition;(B) describe and give examples of predatory, competitive, and symbiotic relationships between organisms, including mutualism, parasitism, and commensalism; and(C) describe the hierarchical organization of organism, population, and community within an ecosystem.(13) Organisms and environments. The student knows that organisms have an organizational structure and variations can influence survival of populations. The student is expected to:(A) describe the historical development of cell theory and explain how organisms are composed of one or more cells, which come from pre-existing cells and are the basic unit of structure and function;(B) identify and compare the basic characteristics of organisms, including prokaryotic and eukaryotic, unicellular and multicellular, and autotrophic and heterotrophic; and(C) describe how variations within a population can be an advantage or disadvantage to the survival of a population as environments change.</content><note type="source"><p>Source Note: The provisions of this §112.26 adopted to be effective April 26, 2022, 47 TexReg 2136; amended to be effective March 31, 2024, 49 TexReg 1928.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scB/s112.27"><num value="112.27">§112.27</num><heading>Grade 7, Adopted 2021</heading><content>(a) Introduction.(1) In Grades 6 through 8 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation for high school courses. In Grade 7, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(B) Matter and energy. Students have prior experience with elements in Grade 6 and develop an understanding that compounds are also pure substances in Grade 7. Students investigate the differences between elements and compounds through observations, descriptions of physical properties, and chemical reactions. Students build upon their understanding of solutions by exploring aqueous solutions.(C) Force, motion, and energy. Students measure, calculate, graph, and investigate how forces impact linear motion. Students build upon their understanding of the laws of motions by exploring Newton's First Law of Motion. Temperature is a measure of the average kinetic energy of molecules. Thermal energy is transferred by conduction, convection, or radiation in order to reach thermal equilibrium.(D) Earth and space. Students explore characteristics and organization of objects and the role of gravity within our solar system. Earth has a specific set of characteristics that allows life to exist. Students further their understanding of the geosphere by illustrating how Earth's features change over time through tectonic movement. Students investigate how humans depend on and affect the hydrosphere.(E) Organisms and environments. Students further their understanding of organisms as systems made up of cells organized into tissues, tissues into organs, and organs into organ systems by identifying the main functions of the organs within the human body. During both sexual and asexual reproduction, traits are passed on to the next generation. Students understand how traits in populations can change through the processes of natural and artificial selection. Students analyze how energy flows through trophic levels and how biodiversity impacts an ecosystem's sustainability. Students gain an understanding of the taxonomic classifications of organisms and how characteristics determine their classification.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as graduated cylinders, metric rulers, periodic tables, balances, scales, thermometers, temperature probes, laboratory ware, timing devices, pH indicators, hot plates, models, microscopes, slides, life science models, petri dishes, dissecting kits, magnets, spring scales or force sensors, tools that model wave behavior, satellite images, hand lenses, and lab notebooks or journals;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) construct appropriate tables, graphs, maps, and charts using repeated trials and means to organize data;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying any significant descriptive statistical features, patterns, sources of error, or limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) relate the impact of past and current research on scientific thought and society, including the process of science, cost-benefit analysis, and contributions of diverse scientists as related to the content;(B) make informed decisions by evaluating evidence from multiple appropriate sources to assess the credibility, accuracy, cost-effectiveness, and methods used; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field to investigate STEM careers.(5) Recurring themes and concepts. The student understands that recurring themes and concepts provide a framework for making connections across disciplines. The student is expected to:(A) identify and apply patterns to understand and connect scientific phenomena or to design solutions;(B) identify and investigate cause-and-effect relationships to explain scientific phenomena or analyze problems;(C) analyze how differences in scale, proportion, or quantity affect a system's structure or performance;(D) examine and model the parts of a system and their interdependence in the function of the system;(E) analyze and explain how energy flows and matter cycles through systems and how energy and matter are conserved through a variety of systems;(F) analyze and explain the complementary relationship between structure and function of objects, organisms, and systems; and(G) analyze and explain how factors or conditions impact stability and change in objects, organisms, and systems.(6) Matter and energy. The student distinguishes between elements and compounds, classifies changes in matter, and understands the properties of solutions. The student is expected to:(A) compare and contrast elements and compounds in terms of atoms and molecules, chemical symbols, and chemical formulas;(B) use the periodic table to identify the atoms and the number of each kind within a chemical formula;(C) distinguish between physical and chemical changes in matter;(D) describe aqueous solutions in terms of solute and solvent, concentration, and dilution; and(E) investigate and model how temperature, surface area, and agitation affect the rate of dissolution of solid solutes in aqueous solutions.(7) Force, motion, and energy. The student describes the cause-and-effect relationship between force and motion. The student is expected to:(A) calculate average speed using distance and time measurements from investigations;(B) distinguish between speed and velocity in linear motion in terms of distance, displacement, and direction;(C) measure, record, and interpret an object's motion using distance-time graphs; and(D) analyze the effect of balanced and unbalanced forces on the state of motion of an object using Newton's First Law of Motion.(8) Force, motion, and energy. The student understands the behavior of thermal energy as it flows into and out of systems. The student is expected to:(A) investigate methods of thermal energy transfer into and out of systems, including conduction, convection, and radiation;(B) investigate how thermal energy moves in a predictable pattern from warmer to cooler until all substances within the system reach thermal equilibrium; and(C) explain the relationship between temperature and the kinetic energy of the particles within a substance.(9) Earth and space. The student understands the patterns of movement, organization, and characteristics of components of our solar system. The student is expected to:(A) describe the physical properties, locations, and movements of the Sun, planets, moons, meteors, asteroids, comets, Kuiper belt, and Oort cloud;(B) describe how gravity governs motion within Earth's solar system; and(C) analyze the characteristics of Earth that allow life to exist such as the proximity of the Sun, presence of water, and composition of the atmosphere.(10) Earth and space. The student understands the causes and effects of plate tectonics. The student is expected to:(A) describe the evidence that supports that Earth has changed over time, including fossil evidence, plate tectonics, and superposition; and(B) describe how plate tectonics causes ocean basin formation, earthquakes, mountain building, and volcanic eruptions, including supervolcanoes and hot spots.(11) Earth and space. The student understands how human activity can impact the hydrosphere. The student is expected to:(A) analyze the beneficial and harmful influences of human activity on groundwater and surface water in a watershed; and(B) describe human dependence and influence on ocean systems and explain how human activities impact these systems.(12) Organisms and environments. The student understands that ecosystems are dependent upon the cycling of matter and the flow of energy. The student is expected to:(A) diagram the flow of energy within trophic levels and describe how the available energy decreases in successive trophic levels in energy pyramids; and(B) describe how ecosystems are sustained by the continuous flow of energy and the recycling of matter and nutrients within the biosphere.(13) Organisms and environments. The student knows how systems are organized and function to support the health of an organism and how traits are inherited. The student is expected to:(A) identify and model the main functions of the systems of the human organism, including the circulatory, respiratory, skeletal, muscular, digestive, urinary, reproductive, integumentary, nervous, immune, and endocrine systems;(B) describe the hierarchical organization of cells, tissues, organs, and organ systems within plants and animals;(C) compare the results of asexual and sexual reproduction of plants and animals in relation to the diversity of offspring and the changes in the population over time; and(D) describe and give examples of how natural and artificial selection change the occurrence of traits in a population over generations.(14) Organisms and environments. The student knows how the taxonomic system is used to describe relationships between organisms. The student is expected to:(A) describe the taxonomic system that categorizes organisms based on similarities and differences shared among groups; and(B) describe the characteristics of the recognized kingdoms and their importance in ecosystems such as bacteria aiding digestion or fungi decomposing organic matter.</content><note type="source"><p>Source Note: The provisions of this §112.27 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scB/s112.28"><num value="112.28">§112.28</num><heading>Grade 8, Adopted 2021</heading><content>(a) Introduction.(1) In Grades 6 through 8 Science, content is organized into recurring strands. The concepts within each grade level build on prior knowledge, prepare students for the next grade level, and establish a foundation for high school courses. In Grade 8, the following concepts will be addressed in each strand.(A) Scientific and engineering practices. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, correlative, comparative, or experimental. The method chosen should be appropriate to the grade level and question being asked. Student learning for different types of investigations includes descriptive investigations, which have no hypothesis that tentatively answers the research question and involve collecting data and recording observations without making comparisons; correlative and comparative investigations, which have a hypothesis that predicts a relationship and involve collecting data, measuring variables relevant to the hypothesis that are manipulated, and comparing results; and experimental investigations, which involve processes similar to comparative investigations but in which a hypothesis can be tested by comparing a treatment with a control.(i) Scientific practices. Students ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(ii) Engineering practices. Students identify problems and design solutions using appropriate tools and models.(B) Matter and energy. Students make connections between elements, compounds, and mixtures that were introduced in prior grade levels. Students examine the properties of water, acids, and bases. In addition, students understand the basic concept of conservation of mass using chemical equations.(C) Force, motion, and energy. Students are introduced to Newton's Second Law of Motion and investigate how all three laws of motion act simultaneously within systems. Students understand that waves transfer energy and further explore the characteristics and applications of waves.(D) Earth and space. Students learn that stars and galaxies are part of the universe. In addition, students use data to research scientific theories of the origin of the universe. Students learn how interactions in solar, weather, and ocean systems create changes in weather patterns and climate. In addition, students understand that climate can be impacted by natural events and human activities.(E) Organisms and environments. Students identify the function of organelles. Traits are contained in genetic material that is found on genes within a chromosome from the parent. These traits influence the success of a species over time. Students explore how organisms and their populations respond to environmental changes, including those caused by human activities.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific observations, inferences, hypotheses, and theories. Students are expected to know that:(A) observations are active acquisition of either qualitative or quantitative information from a primary source through the senses;(B) inferences are conclusions reached on the basis of observations or reasoning supported by relevant evidence;(C) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(D) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students distinguish between scientific decision-making practices and ethical and social decisions that involve science.(5) Recurring themes and concepts. Science consists of recurring themes and making connections between overarching concepts. Recurring themes include structure and function, systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested. Models have limitations but provide a tool for understanding the ideas presented. Students analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) use scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as graduated cylinders, metric rulers, periodic tables, balances, scales, thermometers, temperature probes, laboratory ware, timing devices, pH indicators, hot plates, models, microscopes, slides, life science models, petri dishes, dissecting kits, magnets, spring scales or force sensors, tools that model wave behavior, satellite images, weather maps, hand lenses, and lab notebooks or journals;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) construct appropriate tables, graphs, maps, and charts using repeated trials and means to organize data;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying any significant descriptive statistical features, patterns, sources of error, or limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) relate the impact of past and current research on scientific thought and society, including the process of science, cost-benefit analysis, and contributions of diverse scientists as related to the content;(B) make informed decisions by evaluating evidence from multiple appropriate sources to assess the credibility, accuracy, cost-effectiveness, and methods used; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field to investigate STEM careers.(5) Recurring themes and concepts. The student understands that recurring themes and concepts provide a framework for making connections across disciplines. The student is expected to:(A) identify and apply patterns to understand and connect scientific phenomena or to design solutions;(B) identify and investigate cause-and-effect relationships to explain scientific phenomena or analyze problems;(C) analyze how differences in scale, proportion, or quantity affect a system's structure or performance;(D) examine and model the parts of a system and their interdependence in the function of the system;(E) analyze and explain how energy flows and matter cycles through systems and how energy and matter are conserved through a variety of systems;(F) analyze and explain the complementary relationship between the structure and function of objects, organisms, and systems; and(G) analyze and explain how factors or conditions impact stability and change in objects, organisms, and systems.(6) Matter and energy. The student understands that matter can be classified according to its properties and matter is conserved in chemical changes that occur within closed systems. The student is expected to:(A) explain by modeling how matter is classified as elements, compounds, homogeneous mixtures, or heterogeneous mixtures;(B) use the periodic table to identify the atoms involved in chemical reactions;(C) describe the properties of cohesion, adhesion, and surface tension in water and relate to observable phenomena such as the formation of droplets, transport in plants, and insects walking on water;(D) compare and contrast the properties of acids and bases, including pH relative to water; and(E) investigate how mass is conserved in chemical reactions and relate conservation of mass to the rearrangement of atoms using chemical equations, including photosynthesis.(7) Force, motion, and energy. The student understands the relationship between force and motion within systems. The student is expected to:(A) calculate and analyze how the acceleration of an object is dependent upon the net force acting on the object and the mass of the object using Newton's Second Law of Motion; and(B) investigate and describe how Newton's three laws of motion act simultaneously within systems such as in vehicle restraints, sports activities, amusement park rides, Earth's tectonic activities, and rocket launches.(8) Force, motion, and energy. The student knows how energy is transferred through waves. The student is expected to:(A) compare the characteristics of amplitude, frequency, and wavelength in transverse waves, including the electromagnetic spectrum; and(B) explain the use of electromagnetic waves in applications such as radiation therapy, wireless technologies, fiber optics, microwaves, ultraviolet sterilization, astronomical observations, and X-rays.(9) Earth and space. The student describes the characteristics of the universe and the relative scale of its components. The student is expected to:(A) describe the life cycle of stars and compare and classify stars using the Hertzsprung-Russell diagram;(B) categorize galaxies as spiral, elliptical, and irregular and locate Earth's solar system within the Milky Way galaxy; and(C) research and analyze scientific data used as evidence to develop scientific theories that describe the origin of the universe.(10) Earth and space. The student knows that interactions between Earth, ocean, and weather systems impact climate. The student is expected to:(A) describe how energy from the Sun, hydrosphere, and atmosphere interact and influence weather and climate;(B) identify global patterns of atmospheric movement and how they influence local weather; and(C) describe the interactions between ocean currents and air masses that produce tropical cyclones, including typhoons and hurricanes.(11) Earth and space. The student knows that natural events and human activity can impact global climate. The student is expected to:(A) use scientific evidence to describe how natural events, including volcanic eruptions, meteor impacts, abrupt changes in ocean currents, and the release and absorption of greenhouse gases influence climate;(B) use scientific evidence to describe how human activities, including the release of greenhouse gases, deforestation, and urbanization, can influence climate; and(C) describe the carbon cycle.(12) Organisms and environments. The student understands stability and change in populations and ecosystems. The student is expected to:(A) explain how disruptions such as population changes, natural disasters, and human intervention impact the transfer of energy in food webs in ecosystems;(B) describe how primary and secondary ecological succession affect populations and species diversity after ecosystems are disrupted by natural events or human activity; and(C) describe how biodiversity contributes to the stability and sustainability of an ecosystem and the health of the organisms within the ecosystem.(13) Organisms and environments. The student knows how cell functions support the health of an organism and how adaptation and variation relate to survival. The student is expected to:(A) identify the function of the cell membrane, cell wall, nucleus, ribosomes, cytoplasm, mitochondria, chloroplasts, and vacuoles in plant or animal cells;(B) describe the function of genes within chromosomes in determining inherited traits of offspring; and(C) describe how variations of traits within a population lead to structural, behavioral, and physiological adaptations that influence the likelihood of survival and reproductive success of a species over generations.</content><note type="source"><p>Source Note: The provisions of this §112.28 adopted to be effective April 26, 2022, 47 TexReg 2136.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c112/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.41"><num value="112.41">§112.41</num><heading>Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020</heading><content>(a) The provisions of §§112.42-112.45 of this subchapter shall be implemented by school districts beginning with the 2024-2025 school year.(b) No later than July 31, 2023, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for science as adopted in §§112.42-112.45 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§112.42-112.45 of this subchapter shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§112.42-112.45 of this subchapter shall be implemented for the following school year.(e) Sections 112.34, 112.35, 112.38, and 112.39 of this subchapter shall be superseded by the implementation of §§112.42-112.45 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §112.41 adopted to be effective April 28, 2021, 46 TexReg 2729; amended to be effective February 26, 2023, 48 TexReg 841.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.42"><num value="112.42">§112.42</num><heading>Biology (One Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 9-11.(b) Introduction.(1) Biology. Students in Biology focus on patterns, processes, and relationships of living organisms through four main concepts: biological structures, functions, and processes; mechanisms of genetics; biological evolution; and interdependence within environmental systems. By the end of Grade 12, students are expected to gain sufficient knowledge of the scientific and engineering practices across the disciplines of science to make informed decisions using critical thinking and scientific problem solving.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as microscopes, slides, Petri dishes, laboratory glassware, metric rulers, digital balances, pipets, filter paper, micropipettes, gel electrophoresis and polymerase chain reaction (PCR) apparatuses, microcentrifuges, water baths, incubators, thermometers, hot plates, data collection probes, test tube holders, lab notebooks or journals, hand lenses, and models, diagrams, or samples of biological specimens or structures;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using scatter plots, line graphs, bar graphs, charts, data tables, digital tools, diagrams, scientific drawings, and student-prepared models;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish among scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) Science concepts--biological structures, functions, and processes. The student knows that biological structures at multiple levels of organization perform specific functions and processes that affect life. The student is expected to:(A) relate the functions of different types of biomolecules, including carbohydrates, lipids, proteins, and nucleic acids, to the structure and function of a cell;(B) compare and contrast prokaryotic and eukaryotic cells, including their complexity, and compare and contrast scientific explanations for cellular complexity;(C) investigate homeostasis through the cellular transport of molecules; and(D) compare the structures of viruses to cells and explain how viruses spread and cause disease.(6) Science concepts--biological structures, functions, and processes. The student knows how an organism grows and the importance of cell differentiation. The student is expected to:(A) explain the importance of the cell cycle to the growth of organisms, including an overview of the stages of the cell cycle and deoxyribonucleic acid (DNA) replication models;(B) explain the process of cell specialization through cell differentiation, including the role of environmental factors; and(C) relate disruptions of the cell cycle to how they lead to the development of diseases such as cancer.(7) Science concepts--mechanisms of genetics. The student knows the role of nucleic acids in gene expression. The student is expected to:(A) identify components of DNA, explain how the nucleotide sequence specifies some traits of an organism, and examine scientific explanations for the origin of DNA;(B) describe the significance of gene expression and explain the process of protein synthesis using models of DNA and ribonucleic acid (RNA);(C) identify and illustrate changes in DNA and evaluate the significance of these changes; and(D) discuss the importance of molecular technologies such as polymerase chain reaction (PCR), gel electrophoresis, and genetic engineering that are applicable in current research and engineering practices.(8) Science concepts--mechanisms of genetics. The student knows the role of nucleic acids and the principles of inheritance and variation of traits in Mendelian and non-Mendelian genetics. The student is expected to:(A) analyze the significance of chromosome reduction, independent assortment, and crossing-over during meiosis in increasing diversity in populations of organisms that reproduce sexually; and(B) predict possible outcomes of various genetic combinations using monohybrid and dihybrid crosses, including non-Mendelian traits of incomplete dominance, codominance, sex-linked traits, and multiple alleles.(9) Science concepts--biological evolution. The student knows evolutionary theory is a scientific explanation for the unity and diversity of life that has multiple lines of evidence. The student is expected to:(A) analyze and evaluate how evidence of common ancestry among groups is provided by the fossil record, biogeography, and homologies, including anatomical, molecular, and developmental; and(B) examine scientific explanations for varying rates of change such as gradualism, abrupt appearance, and stasis in the fossil record.(10) Science concepts--biological evolution. The student knows evolutionary theory is a scientific explanation for the unity and diversity of life that has multiple mechanisms. The student is expected to:(A) analyze and evaluate how natural selection produces change in populations and not in individuals;(B) analyze and evaluate how the elements of natural selection, including inherited variation, the potential of a population to produce more offspring than can survive, and a finite supply of environmental resources, result in differential reproductive success;(C) analyze and evaluate how natural selection may lead to speciation; and(D) analyze evolutionary mechanisms other than natural selection, including genetic drift, gene flow, mutation, and genetic recombination, and their effect on the gene pool of a population.(11) Science concepts--biological structures, functions, and processes. The student knows the significance of matter cycling, energy flow, and enzymes in living organisms. The student is expected to:(A) explain how matter is conserved and energy is transferred during photosynthesis and cellular respiration using models, including the chemical equations for these processes; and(B) investigate and explain the role of enzymes in facilitating cellular processes.(12) Science concepts--biological structures, functions, and processes. The student knows that multicellular organisms are composed of multiple systems that interact to perform complex functions. The student is expected to:(A) analyze the interactions that occur among systems that perform the functions of regulation, nutrient absorption, reproduction, and defense from injury or illness in animals; and(B) explain how the interactions that occur among systems that perform functions of transport, reproduction, and response in plants are facilitated by their structures.(13) Science concepts--interdependence within environmental systems. The student knows that interactions at various levels of organization occur within an ecosystem to maintain stability. The student is expected to:(A) investigate and evaluate how ecological relationships, including predation, parasitism, commensalism, mutualism, and competition, influence ecosystem stability;(B) analyze how ecosystem stability is affected by disruptions to the cycling of matter and flow of energy through trophic levels using models;(C) explain the significance of the carbon and nitrogen cycles to ecosystem stability and analyze the consequences of disrupting these cycles; and(D) explain how environmental change, including change due to human activity, affects biodiversity and analyze how changes in biodiversity impact ecosystem stability.</content><note type="source"><p>Source Note: The provisions of this §112.42 adopted to be effective April 28, 2021, 46 TexReg 2729.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.43"><num value="112.43">§112.43</num><heading>Chemistry (One Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisites: one credit of high school science and Algebra I. Recommended prerequisite: completion of or concurrent enrollment in a second year of mathematics. This course is recommended for students in Grades 10-12.(b) Introduction.(1) Chemistry. In Chemistry, students conduct laboratory and field investigations, use scientific practices during investigations, and make informed decisions using critical thinking and scientific problem solving. Students study a variety of topics that include characteristics of matter, use of the Periodic Table, development of atomic theory, chemical bonding, chemical stoichiometry, gas laws, solution chemistry, acid-base chemistry, thermochemistry, and nuclear chemistry. Students investigate how chemistry is an integral part of our daily lives. By the end of Grade 12, students are expected to gain sufficient knowledge of the scientific and engineering practices across the disciplines of science to make informed decisions using critical thinking and scientific problem solving.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations includes descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as Safety Data Sheets (SDS), scientific or graphing calculators, computers and probes, electronic balances, an adequate supply of consumable chemicals, and sufficient scientific glassware such as beakers, Erlenmeyer flasks, pipettes, graduated cylinders, volumetric flasks, and burettes;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using oral or written lab reports, labeled drawings, particle diagrams, charts, tables, graphs, journals, summaries, or technology-based reports;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) Science concepts. The student understands the development of the Periodic Table and applies its predictive power. The student is expected to:(A) explain the development of the Periodic Table over time using evidence such as chemical and physical properties;(B) predict the properties of elements in chemical families, including alkali metals, alkaline earth metals, halogens, noble gases, and transition metals, based on valence electrons patterns using the Periodic Table; and(C) analyze and interpret elemental data, including atomic radius, atomic mass, electronegativity, ionization energy, and reactivity to identify periodic trends.(6) Science concepts. The student understands the development of atomic theory and applies it to real-world phenomena. The student is expected to:(A) construct models using Dalton's Postulates, Thomson's discovery of electron properties, Rutherford's nuclear atom, Bohr's nuclear atom, and Heisenberg's Uncertainty Principle to show the development of modern atomic theory over time;(B) describe the structure of atoms and ions, including the masses, electrical charges, and locations of protons and neutrons in the nucleus and electrons in the electron cloud;(C) investigate the mathematical relationship between energy, frequency, and wavelength of light using the electromagnetic spectrum and relate it to the quantization of energy in the emission spectrum;(D) calculate average atomic mass of an element using isotopic composition; and(E) construct models to express the arrangement of electrons in atoms of representative elements using electron configurations and Lewis dot structures.(7) Science concepts. The student knows how atoms form ionic, covalent, and metallic bonds. The student is expected to:(A) construct an argument to support how periodic trends such as electronegativity can predict bonding between elements;(B) name and write the chemical formulas for ionic and covalent compounds using International Union of Pure and Applied Chemistry (IUPAC) nomenclature rules;(C) classify and draw electron dot structures for molecules with linear, bent, trigonal planar, trigonal pyramidal, and tetrahedral molecular geometries as explained by Valence Shell Electron Pair Repulsion (VSEPR) theory; and(D) analyze the properties of ionic, covalent, and metallic substances in terms of intramolecular and intermolecular forces.(8) Science concepts. The student understands how matter is accounted for in chemical substances. The student is expected to:(A) define mole and apply the concept of molar mass to convert between moles and grams;(B) calculate the number of atoms or molecules in a sample of material using Avogadro's number;(C) calculate percent composition of compounds; and(D) differentiate between empirical and molecular formulas.(9) Science concepts. The student understands how matter is accounted for in chemical reactions. The student is expected to:(A) interpret, write, and balance chemical equations, including synthesis, decomposition, single replacement, double replacement, and combustion reactions using the law of conservation of mass;(B) differentiate among acid-base reactions, precipitation reactions, and oxidation-reduction reactions;(C) perform stoichiometric calculations, including determination of mass relationships, gas volume relationships, and percent yield; and(D) describe the concept of limiting reactants in a balanced chemical equation.(10) Science concepts. The student understands the principles of the kinetic molecular theory and ideal gas behavior. The student is expected to:(A) describe the postulates of the kinetic molecular theory;(B) describe and calculate the relationships among volume, pressure, number of moles, and temperature for an ideal gas; and(C) define and apply Dalton's law of partial pressure.(11) Science concepts. The student understands and can apply the factors that influence the behavior of solutions. The student is expected to:(A) describe the unique role of water in solutions in terms of polarity;(B) distinguish among types of solutions, including electrolytes and nonelectrolytes and unsaturated, saturated, and supersaturated solutions;(C) investigate how solid and gas solubilities are influenced by temperature using solubility curves and how rates of dissolution are influenced by temperature, agitation, and surface area;(D) investigate the general rules regarding solubility and predict the solubility of the products of a double replacement reaction;(E) calculate the concentration of solutions in units of molarity; and(F) calculate the dilutions of solutions using molarity.(12) Science concepts. The student understands and applies various rules regarding acids and bases. The student is expected to:(A) name and write the chemical formulas for acids and bases using IUPAC nomenclature rules;(B) define acids and bases and distinguish between Arrhenius and Bronsted-Lowry definitions;(C) differentiate between strong and weak acids and bases;(D) predict products in acid-base reactions that form water; and(E) define pH and calculate the pH of a solution using the hydrogen ion concentration.(13) Science concepts. The student understands the energy changes that occur in chemical reactions. The student is expected to:(A) explain everyday examples that illustrate the four laws of thermodynamics;(B) investigate the process of heat transfer using calorimetry;(C) classify processes as exothermic or endothermic and represent energy changes that occur in chemical reactions using thermochemical equations or graphical analysis; and(D) perform calculations involving heat, mass, temperature change, and specific heat.(14) Science concepts. The student understands the basic processes of nuclear chemistry. The student is expected to:(A) describe the characteristics of alpha, beta, and gamma radioactive decay processes in terms of balanced nuclear equations;(B) compare fission and fusion reactions; and(C) give examples of applications of nuclear phenomena such as nuclear stability, radiation therapy, diagnostic imaging, solar cells, and nuclear power.</content><note type="source"><p>Source Note: The provisions of this §112.43 adopted to be effective April 28, 2021, 46 TexReg 2729.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.44"><num value="112.44">§112.44</num><heading>Integrated Physics and Chemistry (One Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 9 and 10.(b) Introduction.(1) Integrated Physics and Chemistry. In Integrated Physics and Chemistry, students conduct laboratory and field investigations, use engineering practices, use scientific practices during investigation, and make informed decisions using critical thinking and scientific problem solving. This course integrates the disciplines of physics and chemistry in the following topics: force, motion, energy, and matter. By the end of Grade 12, students are expected to gain sufficient knowledge of the scientific and engineering practices across the disciplines of science to make informed decisions using critical thinking and scientific problem solving.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as data-collecting probes, software applications, the internet, standard laboratory glassware, metric rulers, meter sticks, spring scales, multimeters, Gauss meters, wires, batteries, light bulbs, switches, magnets, electronic balances, mass sets, Celsius thermometers, hot plates, an adequate supply of consumable chemicals, lab notebooks or journals, timing devices, models, and diagrams;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using labeled drawings and diagrams, graphic organizers, charts, tables, and graphs;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) Science concepts. The student knows the relationship between force and motion in everyday life. The student is expected to:(A) investigate, analyze, and model motion in terms of position, velocity, acceleration, and time using tables, graphs, and mathematical relationships;(B) analyze data to explain the relationship between mass and acceleration in terms of the net force on an object in one dimension using force diagrams, tables, and graphs;(C) apply the concepts of momentum and impulse to design, evaluate, and refine a device to minimize the net force on objects during collisions such as those that occur during vehicular accidents, sports activities, or the dropping of personal electronic devices;(D) describe the nature of the four fundamental forces: gravitation; electromagnetic; the strong and weak nuclear forces, including fission and fusion; and mass-energy equivalency; and(E) construct and communicate an explanation based on evidence for how changes in mass, charge, and distance affect the strength of gravitational and electrical forces between two objects.(6) Science concepts. The student knows the impact of energy transfer and energy conservation in everyday life. The student is expected to:(A) design and construct series and parallel circuits that model real-world circuits such as in-home wiring, automobile wiring, and simple electrical devices to evaluate the transfer of electrical energy;(B) design, evaluate, and refine a device that generates electrical energy through the interaction of electric charges and magnetic fields;(C) plan and conduct an investigation to provide evidence that energy is conserved within a closed system;(D) investigate and demonstrate the movement of thermal energy through solids, liquids, and gases by convection, conduction, and radiation such as weather, living, and mechanical systems;(E) plan and conduct an investigation to evaluate the transfer of energy or information through different materials by different types of waves such as wireless signals, ultraviolet radiation, and microwaves;(F) construct and communicate an evidence-based explanation for how wave interference, reflection, and refraction are used in technology such as medicine, communication, and scientific research; and(G) evaluate evidence from multiple sources to critique the advantages and disadvantages of various renewable and nonrenewable energy sources and their impact on society and the environment.(7) Science concepts. The student knows that relationships exist between the structure and properties of matter. The student is expected to:(A) model basic atomic structure and relate an element's atomic structure to its bonding, reactivity, and placement on the Periodic Table;(B) use patterns within the Periodic Table to predict the relative physical and chemical properties of elements;(C) explain how physical and chemical properties of substances are related to their usage in everyday life such as in sunscreen, cookware, industrial applications, and fuels;(D) explain how electrons can transition from a high energy level to a low energy state, emitting photons at different frequencies for different energy transitions;(E) explain how atomic energy levels and emission spectra present evidence for the wave particle duality; and(F) plan and conduct an investigation to provide evidence that the rate of reaction or dissolving is affected by multiple factors such as particle size, stirring, temperature, and concentration.(8) Science concepts. The student knows that changes in matter affect everyday life. The student is expected to:(A) investigate how changes in properties are indicative of chemical reactions such as hydrochloric acid with a metal, oxidation of metal, combustion, and neutralizing an acid with a base;(B) develop and use models to balance chemical equations and support the claim that atoms, and therefore mass, are conserved during a chemical reaction;(C) research and communicate the uses, advantages, and disadvantages of nuclear reactions in current technologies; and(D) construct and communicate an evidence-based explanation of the environmental impact of the end-products of chemical reactions such as those that may result in degradation of water, soil, air quality, and global climate change.</content><note type="source"><p>Source Note: The provisions of this §112.44 adopted to be effective April 28, 2021, 46 TexReg 2729.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.45"><num value="112.45">§112.45</num><heading>Physics (One Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite or corequisite: Algebra I. This course is recommended for students in Grades 9-12.(b) Introduction.(1) Physics. In Physics, students conduct laboratory and field investigations, use scientific practices during investigations, and make informed decisions using critical thinking and scientific problem solving. Students study a variety of topics that include: laws of motion, changes within physical systems and conservation of energy and momentum, forces, characteristics and behavior of waves, and electricity and magnetism. Students will apply conceptual knowledge and collaborative skills to experimental design, implementation, and interpretation. By the end of Grade 12, students are expected to gain sufficient knowledge of the scientific and engineering practices across the disciplines of science to make informed decisions using critical thinking and scientific problem solving.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations, and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as balances, ballistic carts or equivalent, batteries, computers, constant velocity cars, convex lenses, copper wire, discharge tubes with power supply (H, He, Ne, Ar), data acquisition probes and software, dynamics and force demonstration equipment, electrostatic generators, electrostatic kits, friction blocks, graph paper, graphing technology, hand-held visual spectroscopes, inclined planes, iron filings, lab masses, laser pointers, magnets, magnetic compasses, metric rulers, motion detectors, multimeters (current, voltage, resistance), optics bench, optics kit, photogates, plane mirrors, prisms, protractors, pulleys, resistors, rope or string, scientific calculators, stopwatches, springs, spring scales, switches, tuning forks, wave generators, or other equipment and materials that will produce the same results;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using bar charts, line graphs, scatter plots, data tables, labeled diagrams, and conceptual mathematical relationships;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish among scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) Science concepts. The student knows and applies the laws governing motion in a variety of situations. The student is expected to:(A) analyze different types of motion by generating and interpreting position versus time, velocity versus time, and acceleration versus time using hand graphing and real-time technology such as motion detectors, photogates, or digital applications;(B) define scalar and vector quantities related to one- and two-dimensional motion and combine vectors using both graphical vector addition and the Pythagorean theorem;(C) describe and analyze motion in one dimension using equations with the concepts of distance, displacement, speed, velocity, frames of reference, and acceleration;(D) describe and analyze acceleration in uniform circular and horizontal projectile motion in two dimensions using equations;(E) explain and apply the concepts of equilibrium and inertia as represented by Newton's first law of motion using relevant real-world examples such as rockets, satellites, and automobile safety devices;(F) calculate the effect of forces on objects, including tension, friction, normal, gravity, centripetal, and applied forces, using free body diagrams and the relationship between force and acceleration as represented by Newton's second law of motion;(G) illustrate and analyze the simultaneous forces between two objects as represented in Newton's third law of motion using free body diagrams and in an experimental design scenario; and(H) describe and calculate, using scientific notation, how the magnitude of force between two objects depends on their masses and the distance between their centers, and predict the effects on objects in linear and orbiting systems using Newton's law of universal gravitation.(6) Science concepts. The student knows the nature of forces in the physical world. The student is expected to:(A) use scientific notation and predict how the magnitude of the electric force between two objects depends on their charges and the distance between their centers using Coulomb's law;(B) identify and describe examples of electric and magnetic forces and fields in everyday life such as generators, motors, and transformers;(C) investigate and describe conservation of charge during the processes of induction, conduction, and polarization using different materials such as electroscopes, balloons, rods, fur, silk, and Van de Graaf generators;(D) analyze, design, and construct series and parallel circuits using schematics and materials such as switches, wires, resistors, lightbulbs, batteries, voltmeters, and ammeters; and(E) calculate current through, potential difference across, resistance of, and power used by electric circuit elements connected in both series and parallel circuits using Ohm's law.(7) Science concepts. The student knows that changes occur within a physical system and applies the laws of conservation of energy and momentum. The student is expected to:(A) calculate and explain work and power in one dimension and identify when work is and is not being done by or on a system;(B) investigate and calculate mechanical, kinetic, and potential energy of a system;(C) apply the concept of conservation of energy using the work-energy theorem, energy diagrams, and energy transformation equations, including transformations between kinetic, potential, and thermal energy;(D) calculate and describe the impulse and momentum of objects in physical systems such as automobile safety features, athletics, and rockets; and(E) analyze the conservation of momentum qualitatively in inelastic and elastic collisions in one dimension using models, diagrams, and simulations.(8) Science concepts. The student knows the characteristics and behavior of waves. The student is expected to:(A) examine and describe simple harmonic motion such as masses on springs and pendulums and wave energy propagation in various types of media such as surface waves on a body of water and pulses in ropes;(B) compare the characteristics of transverse and longitudinal waves, including electromagnetic and sound waves;(C) investigate and analyze characteristics of waves, including velocity, frequency, amplitude, and wavelength, and calculate using the relationships between wave speed, frequency, and wavelength;(D) investigate behaviors of waves, including reflection, refraction, diffraction, interference, standing wave, the Doppler effect and polarization and superposition; and(E) compare the different applications of the electromagnetic spectrum, including radio telescopes, microwaves, and x-rays;(F) investigate the emission spectra produced by various atoms and explain the relationship to the electromagnetic spectrum; and(G) describe and predict image formation as a consequence of reflection from a plane mirror and refraction through a thin convex lens.(9) Science concepts. The student knows examples of quantum phenomena and their applications. The student is expected to:(A) describe the photoelectric effect and emission spectra produced by various atoms and how both are explained by the photon model for light;(B) investigate Malus's Law and describe examples of applications of wave polarization, including 3-D movie glasses and LCD computer screens;(C) compare and explain how superposition of quantum states is related to the wave-particle duality nature of light; and(D) give examples of applications of quantum phenomena, including the Heisenberg uncertainty principle, quantum computing, and cybersecurity.</content><note type="source"><p>Source Note: The provisions of this §112.45 adopted to be effective April 28, 2021, 46 TexReg 2729.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.46"><num value="112.46">§112.46</num><heading>Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2021</heading><content>(a) The provisions of §§112.47-112.50 of this subchapter shall be implemented by school districts beginning with the 2024-2025 school year.(b) The provisions of §112.51 of this subchapter shall be implemented by school districts beginning with the 2022-2023 school year.(c) No later than July 31, 2023, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for science as adopted in §§112.47-112.50 of this subchapter.(d) If the commissioner makes the determination that instructional materials funding has been made available under subsection (c) of this section, §§112.47-112.50 of this subchapter shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(e) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (c) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§112.47-112.50 of this subchapter shall be implemented for the following school year.(f) Sections 112.32, 112.33, 112.36, and 112.37 of this subchapter shall be superseded by the implementation of §§112.47-112.50 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §112.46 adopted to be effective November 30, 2021, 46 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.47"><num value="112.47">§112.47</num><heading>Aquatic Science, Adopted 2021 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: one unit of high school biology. Recommended prerequisite: Integrated Physics and Chemistry, Chemistry, or concurrent enrollment in either course. This course is recommended for students in Grade 10, 11, or 12.(b) Introduction.(1) Aquatic Science. In Aquatic Science, students study the interactions of biotic and abiotic components in aquatic environments, including natural and human impacts on aquatic systems. Investigations and field work in this course may emphasize fresh water or marine aspects of aquatic science depending primarily upon the natural resources available for study near the school. Students who successfully complete Aquatic Science acquire knowledge about how the properties of water and fluid dynamics affect aquatic ecosystems and acquire knowledge about a variety of aquatic systems. Students who successfully complete Aquatic Science conduct investigations and observations of aquatic environments, work collaboratively with peers, and develop critical-thinking and problem-solving skills.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to explain phenomena or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as Global Positioning System (GPS), Geographic Information System (GIS), weather balloons, buoys, water testing kits, meter sticks, metric rulers, pipettes, graduated cylinders, standard laboratory glassware, balances, timing devices, pH meters or probes, various data collecting probes, thermometers, calculators, computers, internet access, turbidity testing devices, hand magnifiers, work and disposable gloves, compasses, first aid kits, field guides, water quality test kits or probes, 30-meter tape measures, tarps, ripple tanks, trowels, screens, buckets, sediment samples equipment, cameras, flow meters, cast nets, kick nets, seines, computer models, spectrophotometers, stereomicroscopes, compound microscopes, clinometers, and field journals, various prepared slides, hand lenses, hot plates, Petri dishes, sampling nets, waders, leveling grade rods (Jason sticks), protractors, inclination and height distance calculators, samples of biological specimens or structures, core sampling equipment, fish tanks and associated supplies, and hydrometers;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using probeware, spreadsheets, lab notebooks or journals, models, diagrams, graphs paper, computers, or cellphone applications;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, planetariums, observatories, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) The student understands how the properties of water build the foundation of aquatic ecosystems. The student is expected to:(A) describe how the shape and polarity of the water molecule make it a "universal solvent" in aquatic systems;(B) identify how aquatic ecosystems are affected by water's properties of adhesion, cohesion, surface tension, heat capacity, and thermal conductivity; and(C) explain how the density of water is critical for organisms in cold environments.(6) Students know that aquatic environments are the product of interactions among Earth systems. The student is expected to:(A) identify key features and characteristics of atmospheric, geological, hydrological, and biological systems as they relate to aquatic environments;(B) describe the interrelatedness of atmospheric, geological, hydrological, and biological systems in aquatic ecosystems, including positive and negative feedback loops; and(C) evaluate environmental data using technology such as maps, visualizations, satellite data, Global Positioning System (GPS), Geographic Information System (GIS), weather balloons, and buoys to model the interactions that affect aquatic ecosystems.(7) The student knows about the interdependence and interactions that occur in aquatic environments. The student is expected to:(A) identify how energy flows and matter cycles through both freshwater and marine aquatic systems, including food webs, chains, and pyramids;(B) identify biological, chemical, geological, and physical components of an aquatic life zone as they relate to the organisms in it;(C) identify variables that affect the solubility of carbon dioxide and oxygen in water;(D) evaluate factors affecting aquatic population cycles such as lunar cycles, temperature variations, hours of daylight, and predator-prey relationships; and(E) identify the interdependence of organisms in an aquatic environment such as in a pond, a river, a lake, an ocean, or an aquifer and the biosphere.(8) The student conducts short-term and long-term studies on local aquatic environments. Local natural environments are to be preferred over artificial or virtual environments. The student is expected to:(A) evaluate data over a period of time from an established aquatic environment documenting seasonal changes and the behavior of organisms;(B) collect and analyze pH, salinity, temperature, mineral content, nitrogen compounds, dissolved oxygen, and turbidity data periodically, starting with baseline measurements; and(C) use data from short-term or long-term studies to analyze interrelationships between producers, consumers, and decomposers in aquatic ecosystems.(9) The student knows the role of cycles in an aquatic environment. The student is expected to:(A) identify the role of carbon, nitrogen, water, and nutrient cycles in an aquatic environment, including upwellings and turnovers;(B) examine the interrelationships between aquatic systems and climate and weather, including El Niño and La Niña, currents, and hurricanes; and(C) explain how tidal cycles influence intertidal ecology.(10) The student knows the origin and potential uses of fresh water. The student is expected to:(A) identify sources of water in a watershed, including rainfall, groundwater, and surface water;(B) identify factors that contribute to how water flows through a watershed;(C) analyze water quantity and quality in a local watershed or aquifer; and(D) describe human uses of fresh water and how human freshwater use competes with that of other organisms.(11) The student knows that geological phenomena and fluid dynamics affect aquatic systems. The student is expected to:(A) examine basic principles of fluid dynamics, including hydrostatic pressure, density as a result of salinity, and buoyancy;(B) identify interrelationships between ocean currents, climates, and geologic features such as continental margins, active and passive margins, abyssal plains, island atolls, peninsulas, barrier islands, and hydrothermal vents;(C) explain how fluid dynamics causes upwelling and lake turnover; and(D) describe how erosion and deposition in river systems lead to formation of geologic features.(12) The student understands the types of aquatic ecosystems. The student is expected to:(A) differentiate among freshwater, brackish, and marine ecosystems; and(B) identify the major properties and components of different marine and freshwater life zones.(13) The student knows environmental adaptations of aquatic organisms. The student is expected to:(A) compare different traits in aquatic organisms using tools such as dichotomous keys;(B) describe how adaptations allow an organism to exist within an aquatic environment; and(C) compare adaptations of freshwater and marine organisms.(14) The student understands how human activities impact aquatic environments. The student is expected to:(A) analyze the cumulative impact of human population growth on an aquatic ecosystem;(B) predict effects of chemical, organic, physical, and thermal changes due to humans on the living and nonliving components of an aquatic ecosystem;(C) investigate the role of humans in unbalanced systems involving phenomena such as invasive species, fish farming, cultural eutrophication, or red tides;(D) analyze and discuss how human activities such as fishing, transportation, dams, and recreation influence aquatic environments;(E) describe the impact such as costs and benefits of various laws and policies such as The Endangered Species Act, right of capture laws, or Clean Water Act on aquatic systems; and(F) analyze the purpose and effectiveness of human efforts to restore aquatic ecosystems affected by human activities.</content><note type="source"><p>Source Note: The provisions of this §112.47 adopted to be effective November 30, 2021, 46 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.48"><num value="112.48">§112.48</num><heading>Astronomy, Adopted 2021 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisites: Algebra I and Integrated Physics and Chemistry or Chemistry.(b) Introduction.(1) Astronomy. In Astronomy, students focus on patterns, processes, and relationships among astronomical objects in our universe. Students acquire basic astronomical knowledge and supporting evidence about sun-Earth-Moon relationships, the solar system, the Milky Way, the size and scale of the universe, and the benefits and limitations of exploration. Students conduct laboratory and field investigations to support their developing conceptual framework of our place in space and time. By the end of Grade 12, students are expected to gain sufficient knowledge of the scientific and engineering practices across the disciplines of science to make informed decisions using critical thinking and scientific problem solving.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to explain phenomena or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as gnomons; sundials; Planisphere; star charts; globe of the Earth; diffraction gratings; spectroscopes; color filters; lenses of multiple focal lengths; concave, plane, and convex mirrors; binoculars; telescopes; celestial sphere; online astronomical databases; and online access to observatories;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using graphs, charts, spreadsheets, and computer software;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, planetariums, observatories, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) Science concepts. The student understands how astronomy influenced and advanced civilizations. The student is expected to:(A) evaluate and communicate how ancient civilizations developed models of the universe using astronomical structures, instruments, and tools such as the astrolabe, gnomons, and charts and how those models influenced society, time keeping, and navigation;(B) research and evaluate the contributions of scientists, including Ptolemy, Copernicus, Tycho Brahe, Kepler, Galileo, and Newton, as astronomy progressed from a geocentric model to a heliocentric model; and(C) describe and explain the historical origins of the perceived patterns of constellations and the role of constellations in ancient and modern navigation.(6) Science concepts. The student conducts and explains astronomical observations made from the point of reference of Earth. The student is expected to:(A) observe, record, and analyze the apparent movement of the Sun, Moon, and stars and predict sunrise and sunset;(B) observe the movement of planets throughout the year and measure how their positions change relative to the constellations;(C) identify constellations such as Ursa Major, Ursa Minor, Orion, Cassiopeia, and constellations along the ecliptic and describe their importance; and(D) understand the difference between astronomy and astrology, the reasons for their historical conflation, and their eventual separation.(7) Science concepts. The student knows our relative place in the solar system. The student is expected to:(A) demonstrate the use of units of measurement in astronomy, including astronomical units and light years, minutes, and seconds;(B) model the scale, size, and distances of the Sun, Earth, and Moon system and identify the limitations of physical models; and(C) model the scale, sizes, and distances of the Sun and the planets in our solar system and identify the limitations of physical models.(8) Science concepts. The student observes and models the interactions within the Sun, Earth, and Moon system. The student is expected to:(A) model how the orbit and relative position of the Moon cause lunar phases and predict the timing of moonrise and moonset during each phase;(B) model how the orbit and relative position of the Moon cause lunar and solar eclipses; and(C) examine and investigate the dynamics of tides using the Sun, Earth, and Moon model.(9) Science concepts. The student models the cause of planetary seasons. The student is expected to:(A) examine the relationship of a planet's axial tilt to its potential seasons;(B) predict how changing latitudinal position affects the length of day and night throughout a planet's orbital year;(C) investigate the relationship between a planet's axial tilt, angle of incidence of sunlight, and concentration of solar energy; and(D) explain the significance of Earth's solstices and equinoxes.(10) Science concepts. The student knows how astronomical tools collect and record information about celestial objects. The student is expected to:(A) investigate the use of black body radiation curves and emission, absorption, and continuous spectra in the identification and classification of celestial objects;(B) calculate the relative light-gathering power of different-sized telescopes to compare telescopes for different applications;(C) analyze the importance and limitations of optical, infrared, and radio telescopes, gravitational wave detectors, and other ground-based technology; and(D) analyze the importance and limitations of space telescopes in the collection of astronomical data across the electromagnetic spectrum.(11) Science concepts. The student uses models to explain the formation, development, organization, and significance of solar system bodies. The student is expected to:(A) relate Newton's law of universal gravitation and Kepler's laws of planetary motion to the formation and motion of the planets and their satellites;(B) explore and communicate the origins and significance of planets, planetary rings, satellites, asteroids, comets, Oort cloud, and Kuiper belt objects;(C) compare the planets in terms of orbit, size, composition, rotation, atmosphere, natural satellites, magnetic fields, and geological activity; and(D) compare the factors essential to life on Earth such as temperature, water, gases, and gravitational and magnetic fields to conditions on other planets and their satellites.(12) Science concepts. The student knows that our Sun serves as a model for stellar activity. The student is expected to:(A) identify the approximate mass, size, motion, temperature, structure, and composition of the Sun;(B) distinguish between nuclear fusion and nuclear fission and identify the source of energy within the Sun as nuclear fusion of hydrogen to helium;(C) describe the eleven-year solar cycle and the significance of sunspots; and(D) analyze the origins and effects of space weather, including the solar wind, coronal mass ejections, prominences, flares, and sunspots.(13) Science concepts. The student understands the characteristics and life cycle of stars. The student is expected to:(A) identify the characteristics of main sequence stars, including surface temperature, age, relative size, and composition;(B) describe and communicate star formation from nebulae to protostars to the development of main sequence stars;(C) evaluate the relationship between mass and fusion on stellar evolution;(D) compare how the mass of a main sequence star will determine its end state as a white dwarf, neutron star, or black hole;(E) describe the use of spectroscopy in obtaining physical data on celestial objects such as temperature, chemical composition, and relative motion;(F) use the Hertzsprung-Russell diagram to classify stars and plot and examine the life cycle of stars from birth to death;(G) illustrate how astronomers use geometric parallax to determine stellar distances and intrinsic luminosities; and(H) describe how stellar distances are determined by comparing apparent brightness and intrinsic luminosity when using spectroscopic parallax and the Leavitt relation for variable stars.(14) Science concepts. The student knows the structure of the universe and our relative place in it. The student is expected to:(A) illustrate the structure and components of our Milky Way galaxy and model the size, location, and movement of our solar system within it;(B) compare spiral, elliptical, irregular, dwarf, and active galaxies;(C) develop and use models to explain how galactic evolution occurs through mergers and collisions;(D) describe the Local Group and its relation to larger-scale structures in the universe; and(E) evaluate the indirect evidence for the existence of dark matter.(15) Science concepts. The student knows the scientific theories of cosmology. The student is expected to:(A) describe and evaluate the historical development of evidence supporting the Big Bang Theory;(B) evaluate the limits of observational astronomy methods used to formulate the distance ladder;(C) evaluate the indirect evidence for the existence of dark energy;(D) describe the current scientific understanding of the evolution of the universe, including estimates for the age of the universe; and(E) describe current scientific hypotheses about the fate of the universe, including open and closed universes.(16) Science concepts. The student understands the benefits and challenges of expanding our knowledge of the universe. The student is expected to:(A) describe and communicate the historical development of human space flight and its challenges;(B) describe and communicate the uses and challenges of robotic space flight;(C) evaluate the evidence of the existence of habitable zones and potentially habitable planetary bodies in extrasolar planetary systems;(D) evaluate the impact on astronomy from light pollution, radio interference, and space debris;(E) examine and describe current developments and discoveries in astronomy; and(F) explore and explain careers that involve astronomy, space exploration, and the technologies developed through them.</content><note type="source"><p>Source Note: The provisions of this §112.48 adopted to be effective November 30, 2021, 46 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.49"><num value="112.49">§112.49</num><heading>Earth Systems Science, Adopted 2021 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisites: Algebra I and two credits of high school science.(b) Introduction.(1) Earth Systems Science. The Earth Systems Science course is designed to build on students' prior scientific and academic knowledge and skills to develop their understanding of Earth's systems. These systems (the atmosphere, hydrosphere, geosphere, and biosphere) interact through time to produce the Earth's landscapes, climate, and resources. Students explore the geologic history of individual dynamic systems through the flow of energy and matter, their current states, and how these systems affect and are affected by human use.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to explain phenomena or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as a drawing compass, magnetic compass, bar magnets, topographical and geological maps, satellite imagery and other remote sensing data, Geographic Information Systems (GIS), Global Positioning System (GPS), hand lenses, and fossil and rock sample kits;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using scatter plots, line graphs, bar graphs, charts, data tables, digital tools, diagrams, scientific drawings, and student-prepared models;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, planetariums, observatories, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) Science concepts. The student understands the formation of the Earth and how objects in the solar system affect Earth's systems. The student is expected to:(A) analyze how gravitational condensation of solar nebular gas and dust can lead to the accretion of planetesimals and protoplanets;(B) identify comets, asteroids, meteoroids, and planets in the solar system and describe how they affect the Earth and Earth's systems; and(C) explore the historical and current hypotheses for the origin of the Moon, including the collision of Earth with a Mars-sized planetesimal.(6) Science concepts. The student knows the evidence for the formation and composition of Earth's atmosphere, hydrosphere, biosphere, and geosphere. The student is expected to:(A) describe how impact accretion, gravitational compression, radioactive decay, and cooling differentiated proto-Earth into layers;(B) evaluate the roles of volcanic outgassing and water-bearing comets in developing Earth's atmosphere and hydrosphere;(C) evaluate the evidence for changes to the chemical composition of Earth's atmosphere prior to the introduction of oxygen;(D) evaluate scientific hypotheses for the origin of life through abiotic chemical processes; and(E) describe how the production of oxygen by photosynthesis affected the development of the atmosphere, hydrosphere, geosphere, and biosphere.(7) Science concepts. The student knows that rocks and fossils provide evidence for geologic chronology, biological evolution, and environmental changes. The student is expected to:(A) describe the development of multiple radiometric dating methods and analyze their precision, reliability, and limitations in calculating the ages of igneous rocks from Earth, the Moon, and meteorites;(B) apply relative dating methods, principles of stratigraphy, and index fossils to determine the chronological order of rock layers;(C) construct a model of the geological time scale using relative and absolute dating methods to represent Earth's approximate 4.6-billion-year history;(D) explain how sedimentation, fossilization, and speciation affect the degree of completeness of the fossil record;(E) describe how evidence of biozones and faunal succession in rock layers reveal information about the environment at the time those rocks were deposited and the dynamic nature of the Earth; and(F) analyze data from rock and fossil succession to evaluate the evidence for and significance of mass extinctions, major climatic changes, and tectonic events.(8) Science concepts. The student knows how the Earth's interior dynamics and energy flow drive geological processes on Earth's surface. The student is expected to:(A) evaluate heat transfer through Earth's systems by convection and conduction and include its role in plate tectonics and volcanism;(B) develop a model of the physical, mechanical, and chemical composition of Earth's layers using evidence from Earth's magnetic field, the composition of meteorites, and seismic waves;(C) investigate how new conceptual interpretations of data and innovative geophysical technologies led to the current theory of plate tectonics;(D) describe how heat and rock composition affect density within Earth's interior and how density influences the development and motion of Earth's tectonic plates;(E) explain how plate tectonics accounts for geologic processes, including sea floor spreading and subduction, and features, including ocean ridges, rift valleys, earthquakes, volcanoes, mountain ranges, hot spots, and hydrothermal vents;(F) calculate the motion history of tectonic plates using equations relating rate, time, and distance to predict future motions, locations, and resulting geologic features;(G) distinguish the location, type, and relative motion of convergent, divergent, and transform plate boundaries using evidence from the distribution of earthquakes and volcanoes; and(H) evaluate the role of plate tectonics with respect to long-term global changes in Earth's subsystems such as continental buildup, glaciation, sea level fluctuations, mass extinctions, and climate change.(9) Science concepts. The student knows that the lithosphere continuously changes as a result of dynamic and complex interactions among Earth's systems. The student is expected to:(A) interpret Earth surface features using a variety of methods such as satellite imagery, aerial photography, and topographic and geologic maps using appropriate technologies;(B) investigate and model how surface water and ground water change the lithosphere through chemical and physical weathering and how they serve as valuable natural resources;(C) model the processes of mass wasting, erosion, and deposition by water, wind, ice, glaciation, gravity, and volcanism in constantly reshaping Earth's surface; and(D) evaluate how weather and human activity affect the location, quality, and supply of available freshwater resources.(10) Science concepts. The student knows how the physical and chemical properties of the ocean affect its structure and flow of energy. The student is expected to:(A) describe how the composition and structure of the oceans leads to thermohaline circulation and its periodicity;(B) model and explain how changes to the composition, structure, and circulation of deep oceans affect thermohaline circulation using data on energy flow, ocean basin structure, and changes in polar ice caps and glaciers; and(C) analyze how global surface ocean circulation is the result of wind, tides, the Coriolis effect, water density differences, and the shape of the ocean basins.(11) Science concepts. The student knows that dynamic and complex interactions among Earth's systems produce climate and weather. The student is expected to:(A) analyze how energy transfer through Milankovitch cycles, albedo, and differences in atmospheric and surface absorption are mechanisms of climate;(B) describe how Earth's atmosphere is chemically and thermally stratified and how solar radiation interacts with the layers to cause the ozone layer, the jet stream, Hadley and Ferrel cells, and other atmospheric phenomena;(C) model how greenhouse gases trap thermal energy near Earth's surface;(D) evaluate how the combination of multiple feedback loops alter global climate;(E) investigate and analyze evidence for climate changes over Earth's history using paleoclimate data, historical records, and measured greenhouse gas levels;(F) explain how the transfer of thermal energy among the hydrosphere, lithosphere, and atmosphere influences weather; and(G) describe how changing surface-ocean conditions, including El Niño-Southern Oscillation, affect global weather and climate patterns.(12) Science concepts. The student understands how Earth's systems affect and are affected by human activities, including resource use and management. The student is expected to:(A) evaluate the impact on humans of natural changes in Earth's systems such as earthquakes, tsunamis, and volcanic eruptions;(B) analyze the impact on humans of naturally occurring extreme weather events such as flooding, hurricanes, tornadoes, and thunderstorms;(C) analyze the natural and anthropogenic factors that affect the severity and frequency of extreme weather events and the hazards associated with these events;(D) analyze recent global ocean temperature data to predict the consequences of changing ocean temperature on evaporation, sea level, algal growth, coral bleaching, and biodiversity;(E) predict how human use of Texas's naturally occurring resources such as fossil fuels, minerals, soil, solar energy, and wind energy directly and indirectly changes the cycling of matter and energy through Earth's systems; and(F) explain the cycling of carbon through different forms among Earth's systems and how biological processes have caused major changes to the carbon cycle in those systems over Earth's history.(13) Science concepts. The student explores global policies and careers related to the life cycles of Earth's resources. The student is expected to:(A) analyze the policies related to resources from discovery to disposal, including economics, health, technological advances, resource type, concentration and location, waste disposal and recycling, mitigation efforts, and environmental impacts; and(B) explore global and Texas-based careers that involve the exploration, extraction, production, use, disposal, regulation, and protection of Earth's resources.</content><note type="source"><p>Source Note: The provisions of this §112.49 adopted to be effective November 30, 2021, 46 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.50"><num value="112.50">§112.50</num><heading>Environmental Systems, Adopted 2021 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: one unit of high school biology. Recommended prerequisite: Integrated Physics and Chemistry, Chemistry, or concurrent enrollment in either course. This course is recommended for students in Grade 10, 11, or 12.(b) Introduction.(1) Environmental Systems. In Environmental Systems, students conduct laboratory and field investigations, use scientific methods during investigations, and make informed decisions using critical thinking and scientific problem solving. Students study a variety of topics that include biotic and abiotic factors in habitats, ecosystems and biomes, interrelationships among resources and an environmental system, sources and flow of energy through an environmental system, relationship between carrying capacity and changes in populations and ecosystems, natural changes in the environment, and human activities that impact the natural environment.(2) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(3) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(4) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(5) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(6) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to explain phenomena or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as meter sticks, metric rulers, pipettes, graduated cylinders, standard laboratory glassware, balances, timing devices, pH meters or probes, various data collecting probes, thermometers, calculators, computers, internet access, turbidity testing devices, hand magnifiers, work and disposable gloves, compasses, first aid kits, binoculars, field guides, water quality test kits or probes, soil test kits or probes, 30 meter tape measures, tarps, shovels, trowels, screens, buckets, rock and mineral samples equipment, air quality testing devices, cameras, flow meters, Global Positioning System (GPS) units, Geographic Information System (GIS) software, computer models, densiometers, spectrophotometers, stereomicroscopes, compound microscopes, clinometers, field journals, various prepared slides, hand lenses, hot plates, Petri dishes, sampling nets, waders, leveling grade rods (Jason sticks), protractors, inclination and height distance calculators, samples of biological specimens or structures, core sampling equipment, and kick nets;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using probeware, spreadsheets, lab notebooks or journals, models, diagrams, graphs paper, computers, or cellphone applications;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, planetariums, observatories, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) Science concepts. The student knows the relationships of biotic and abiotic factors within habitats, ecosystems, and biomes. The student is expected to:(A) identify native plants and animals within a local ecosystem and compare their roles to those of plants and animals in other biomes, including aquatic, grassland, forest, desert, and tundra;(B) explain the cycling of water, phosphorus, carbon, silicon, and nitrogen through ecosystems, including sinks, and the human interactions that alter these cycles using tools such as models;(C) evaluate the effects of fluctuations in abiotic factors on local ecosystems and local biomes;(D) measure the concentration of dissolved substances such as dissolved oxygen, chlorides, and nitrates and describe their impacts on an ecosystem;(E) use models to predict how the introduction of an invasive species may alter the food chain and affect existing populations in an ecosystem;(F) use models to predict how species extinction may alter the food chain and affect existing populations in an ecosystem; and(G) predict changes that may occur in an ecosystem if genetic diversity is increased or decreased.(6) Science concepts. The student knows the interrelationships among the resources within the local environmental system. The student is expected to:(A) compare and contrast land use and management methods and how they affect land attributes such as fertility, productivity, economic value, and ecological stability;(B) relate how water sources, management, and conservation affect water uses and quality;(C) document the use and conservation of both renewable and non-renewable resources as they pertain to sustainability;(D) identify how changes in limiting resources such as water, food, and energy affect local ecosystems;(E) analyze and evaluate the economic significance and interdependence of resources within the local environmental system; and(F) evaluate the impact of waste management methods such as reduction, reuse, recycling, upcycling, and composting on resource availability in the local environment.(7) Science concepts. The student knows the sources and flow of energy through an environmental system. The student is expected to:(A) describe the interactions between the components of the geosphere, hydrosphere, cryosphere, atmosphere, and biosphere;(B) relate biogeochemical cycles to the flow of energy in ecosystems, including energy sinks such as oil, natural gas, and coal deposits;(C) explain the flow of heat energy in an ecosystem, including conduction, convection, and radiation; and(D) identify and describe how energy is used, transformed, and conserved as it flows through ecosystems.(8) Science concepts. The student knows the relationship between carrying capacity and changes in populations and ecosystems. The student is expected to:(A) compare exponential and logistical population growth using graphical representations;(B) identify factors that may alter carrying capacity such as disease; natural disaster; available food, water, and livable space; habitat fragmentation; and periodic changes in weather;(C) calculate changes in population size in ecosystems; and(D) analyze and make predictions about the impact on populations of geographic locales due to diseases, birth and death rates, urbanization, and natural events such as migration and seasonal changes.(9) Science concepts. The student knows that environments change naturally. The student is expected to:(A) analyze and describe how natural events such as tectonic movement, volcanic events, fires, tornadoes, hurricanes, flooding, and tsunamis affect natural populations;(B) explain how regional changes in the environment may have global effects;(C) examine how natural processes such as succession and feedback loops can restore habitats and ecosystems;(D) describe how temperature inversions have short-term and long-term effects, including El Niño and La Niña oscillations, ice cap and glacial melting, and changes in ocean surface temperatures; and(E) analyze the impact of natural global climate change on ice caps, glaciers, ocean currents, and surface temperatures.(10) Science concepts. The student knows how humans impact environmental systems through emissions and pollutants. The student is expected to:(A) identify sources of emissions in air, soil, and water, including point and nonpoint sources;(B) distinguish how an emission becomes a pollutant based on its concentration, toxicity, reactivity, and location within the environment;(C) investigate the effects of pollutants such as chlorofluorocarbons, greenhouse gases, pesticide runoff, nuclear waste, aerosols, metallic ions, and heavy metals, as well as thermal, light, and noise pollution;(D) evaluate indicators of air, soil, and water quality against regulatory standards to determine the health of an ecosystem; and(E) distinguish between the causes and effects of global warming and ozone depletion, including the causes, the chemicals involved, the atmospheric layer, the environmental effects, the human health effects, and the relevant wavelengths on the electromagnetic spectrum (IR and UV).(11) Science concepts. The student understands how individual and collective actions impact environmental systems. The student is expected to:(A) evaluate the negative effects of human activities on the environment, including overhunting, overfishing, ecotourism, all-terrain vehicles, and personal watercraft;(B) evaluate the positive effects of human activities on the environment, including habitat restoration projects, species preservation efforts, nature conservancy groups, game and wildlife management, and ecotourism; and(C) research the advantages and disadvantages of "going green" such as organic gardening and farming, natural methods of pest control, hydroponics, xeriscaping, energy-efficient homes and appliances, and hybrid cars.(12) Science concepts. The student understands how ethics and economic priorities influence environmental decisions. The student is expected to:(A) evaluate cost-benefit trade-offs of commercial activities such as municipal development, food production, deforestation, over-harvesting, mining, and use of renewable and non-renewable energy sources;(B) evaluate the economic impacts of individual actions on the environment such as overbuilding, habitat destruction, poaching, and improper waste disposal;(C) analyze how ethical beliefs influence environmental scientific and engineering practices such as methods for food production, water distribution, energy production, and the extraction of minerals;(D) discuss the impact of research and technology on social ethics and legal practices in situations such as the design of new buildings, recycling, or emission standards; and(E) argue from evidence whether or not a healthy economy and a healthy environment are mutually exclusive.(13) Science concepts. The student knows how legislation mediates human impacts on the environment. The student is expected to:(A) describe past and present state and national legislation, including Texas automobile emissions regulations, the National Park Service Act, the Clean Air Act, the Clean Water Act, the Soil and Water Resources Conservation Act, and the Endangered Species Act; and(B) evaluate the goals and effectiveness of past and present international agreements such as the environmental Antarctic Treaty System, the Montreal Protocol, the Kyoto Protocol, and the Paris Climate Accord.</content><note type="source"><p>Source Note: The provisions of this §112.50 adopted to be effective November 30, 2021, 46 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scC/s112.51"><num value="112.51">§112.51</num><heading>Specialized Topics in Science, Adopted 2021 (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Students may repeat this course with different course content for up to three credits. Recommended prerequisite: one credit of high school science.(b) Introduction.(1) Specialized Topics in Science is intended to diversify programs of science study and give students the opportunity to study scientific topics in greater detail and with deeper understanding rather than provide remediation.(A) In Specialized Topics in Science, students have the opportunity to develop greater understanding of science content beyond what is taught in other Texas Essential Knowledge and Skills-based science courses while utilizing science and engineering practices. Students understand the value and role of curiosity in any discipline of science. The specialized topic of study may originate from local or global phenomena, student interest, or teacher specialties. The emphasis of study may vary such as theoretical science, citizen science, science investigations, science careers, specialized disciplines of science, designing innovations, the ethics of science, or history of science.(B) By the end of Grade 12, students are expected to gain sufficient knowledge of the scientific and engineering practices across the disciplines of science to make informed decisions using critical thinking and scientific problem solving.(2) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to explain phenomena or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems related to specialized topics of study based on observations or information from text, phenomena, models, or investigations;(B) apply science practices related to specialized topics of study to plan and conduct investigations or use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use tools appropriate to the specialized topic of study;(E) collect quantitative data using the International System of Units (SI) or qualitative data as evidence as appropriate to the specialized topic of study;(F) organize quantitative or qualitative data using representations appropriate to the specialized topic of study such as scatter plots, line graphs, bar graphs, charts, data tables, diagrams, scientific drawings, and student-prepared models;(G) develop and use models to represent phenomena, systems, processes, or solutions to problems as appropriate to the specialized topic of study; and(H) distinguish among scientific hypotheses, theories, and laws as appropriate to the specialized topic of study.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials as appropriate to the specialized topic of study;(B) analyze data appropriate to the specialized topic of study by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data as appropriate to the specialized topic of study; and(D) evaluate experimental or engineering designs as appropriate to the specialized topic of study.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, or proposed solutions. The student is expected to:(A) develop explanations or propose solutions supported by data and models consistent with scientific ideas, principles, and theories as appropriate to the specialized topic of study;(B) communicate explanations or solutions individually and collaboratively in a variety of settings and formats as appropriate to the specialized topic of study; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence as appropriate to the specialized topic of study.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental or observational testing as appropriate to the specialized topic of study, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as appropriate to the specialized topic of study; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers as appropriate to the specialized topic of study.</content><note type="source"><p>Source Note: The provisions of this §112.51 adopted to be effective November 30, 2021, 46 TexReg 8044.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c112/scD"><num value="D">SUBCHAPTER D</num><heading>OTHER SCIENCE COURSES</heading><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.61"><num value="112.61">§112.61</num><heading>Implementation of Texas Essential Knowledge and Skills for Science, Other Science Courses</heading><content>The provisions of this subchapter shall be implemented by school districts.</content><note type="source"><p>Source Note: The provisions of this §112.61 adopted to be effective September 1, 1998, 22 TexReg 7647; amended to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.62"><num value="112.62">§112.62</num><heading>Advanced Placement (AP) Biology (One Credit)</heading><content>(a) General Requirements. Students can be awarded one credit for successful completion of this course. Recommended prerequisites: Biology, Chemistry.(b) Content Requirements. Content requirements for Advanced Placement (AP) Biology are prescribed in the College Board Publication Advanced Placement Course Description: Biology, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §112.62 adopted to be effective September 1, 1998, 22 TexReg 7647; amended to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.63"><num value="112.63">§112.63</num><heading>Advanced Placement (AP) Chemistry (One Credit)</heading><content>(a) General Requirements. Students can be awarded one credit for successful completion of this course. Recommended prerequisites: Chemistry, Algebra II.(b) Content Requirements. Content requirements for Advanced Placement (AP) Chemistry are prescribed in the College Board Publication Advanced Placement Course Description: Chemistry, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §112.63 adopted to be effective September 1, 1998, 22 TexReg 7647; amended to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.64"><num value="112.64">§112.64</num><heading>Advanced Placement (AP) Physics 1: Algebra Based (One Credit)</heading><content>(a) General Requirements. Students can be awarded one credit for successful completion of this course. Recommended prerequisites: Algebra I, Geometry. Recommended corequisite: a mathematics course listed in §74.12(b)(2)(B) of this title (relating to Foundation High School Program).(b) Content Requirements. Content requirements for Advanced Placement (AP) Physics are prescribed in the College Board Publication Advanced Placement Course Description: Physics, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §112.64 adopted to be effective September 1, 1998, 22 TexReg 7647; amended to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.65"><num value="112.65">§112.65</num><heading>Advanced Placement (AP) Physics 2: Algebra Based (One Credit)</heading><content>(a) General Requirements. Students can be awarded one credit for successful completion of this course. Recommended prerequisites: Advanced Placement (AP) Physics 1 or a comparable physics introductory course. Recommended corequisite: precalculus or an equivalent course.(b) Content Requirements. Content requirements for AP Physics are prescribed in the College Board Publication Advanced Placement Course Description: Physics, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §112.65 adopted to be effective September 1, 1998, 22 TexReg 7647; amended to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.66"><num value="112.66">§112.66</num><heading>Advanced Placement (AP) Environmental Science (One Credit)</heading><content>(a) General Requirements. Students can be awarded one credit for successful completion of this course. Recommended prerequisites: Algebra I, two years of high school laboratory science, including one year of life science and one year of physical science.(b) Content Requirements. Content requirements for Advanced Placement (AP) Environmental Science are prescribed in the College Board Publication Advanced Placement Course Description: Environmental Science, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §112.66 adopted to be effective September 1, 1998, 22 TexReg 7647; amended to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.67"><num value="112.67">§112.67</num><heading>Advanced Placement (AP) Physics C: Electricity and Magnetism (One Credit)</heading><content>(a) General Requirements. Students can be awarded one credit for successful completion of this course. Prerequisite: students should have taken or be concurrently taking calculus.(b) Content Requirements. Content requirements for Advanced Placement (AP) Physics C: Electricity and Magnetism are prescribed in the College Board Publication Advanced Placement Course Description: Physics C: Electricity and Magnetism, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §112.67 adopted to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.68"><num value="112.68">§112.68</num><heading>Advanced Placement (AP) Physics C: Mechanics (One Credit)</heading><content>(a) General Requirements. Students can be awarded one credit for successful completion of this course. Prerequisite: students should have taken or be concurrently taking calculus.(b) Content Requirements. Content requirements for Advanced Placement (AP) Physics C: Mechanics are prescribed in the College Board Publication Advanced Placement Course Description: Physics C: Mechanics, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §112.68 adopted to be effective October 23, 2016, 41 TexReg 8197.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.70"><num value="112.70">§112.70</num><heading>International Baccalaureate (IB) Environmental Systems and Societies Standard Level (Two Credits)</heading><content>(a) General Requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisite: one credit of high school science. This course is recommended for students in Grade 11 or 12.(b) Content Requirements. Content requirements for International Baccalaureate (IB) Environmental Systems and Societies Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.70 adopted to be effective September 1, 1998, 22 TexReg 7647; amended to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.73"><num value="112.73">§112.73</num><heading>International Baccalaureate (IB) Biology Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Biology Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.73 adopted to be effective August 24, 2015, 40 TexReg 3147; amended to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.74"><num value="112.74">§112.74</num><heading>International Baccalaureate (IB) Biology Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Biology Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.74 adopted to be effective August 24, 2015, 40 TexReg 3147; amended to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.75"><num value="112.75">§112.75</num><heading>International Baccalaureate (IB) Chemistry Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Chemistry Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.75 adopted to be effective August 24, 2015, 40 TexReg 3147; amended to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.76"><num value="112.76">§112.76</num><heading>International Baccalaureate (IB) Chemistry Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Chemistry Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.76 adopted to be effective August 24, 2015, 40 TexReg 3147; amended to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.77"><num value="112.77">§112.77</num><heading>International Baccalaureate (IB) Physics Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Physics Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.77 adopted to be effective August 24, 2015, 40 TexReg 3147; amended to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.78"><num value="112.78">§112.78</num><heading>International Baccalaureate (IB) Physics Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Physics Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.78 adopted to be effective August 24, 2015, 40 TexReg 3147; amended to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.79"><num value="112.79">§112.79</num><heading>International Baccalaureate (IB) Sports, Exercise, and Health Science Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Sports, Exercise, and Health Science Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.79 adopted to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.80"><num value="112.80">§112.80</num><heading>International Baccalaureate (IB) Sports, Exercise, and Health Science Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Sports, Exercise, and Health Science Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.80 adopted to be effective August 27, 2018, 43 TexReg 4204.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.81"><num value="112.81">§112.81</num><heading>International Baccalaureate (IB) Design Technology Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Design Technology Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.81 adopted to be effective August 27, 2018, 43 TexReg 5527.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c112/scD/s112.82"><num value="112.82">§112.82</num><heading>International Baccalaureate (IB) Design Technology Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: two credits of high school laboratory science. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for International Baccalaureate (IB) Design Technology Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §112.82 adopted to be effective August 27, 2018, 43 TexReg 5527.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c113"><num value="113">CHAPTER 113</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SOCIAL STUDIES</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c113/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c113/scA/s113.11"><num value="113.11">§113.11</num><heading>Social Studies, Kindergarten, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Kindergarten, the study of the self, home, family, and classroom establishes the foundation for responsible citizenship in society. Students explore state and national heritage by examining the celebration of patriotic holidays and the contributions of individuals. The concept of chronology is introduced. Students apply geographic concepts of location and physical and human characteristics of place. Students identify basic human needs and ways people meet these needs. Students learn the purpose of rules and the role of authority figures in the home and school. Students learn customs, symbols, and celebrations that represent American beliefs and principles and contribute to our national identity. Students compare family customs and traditions and describe examples of technology in the home and school. Students acquire information from a variety of oral and visual sources. Students practice problem-solving, decision-making, and independent-thinking skills.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich material is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) Students must demonstrate learning performance related to any federal and state mandates regarding classroom instruction. Although Kindergarten is not required to participate in Celebrate Freedom Week, according to the TEC, §29.907, primary grades lay the foundation for subsequent learning. As a result, Kindergarten Texas essential knowledge and skills include standards related to this patriotic observance.(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands that holidays are celebrations of special events. The student is expected to:(A) identify national patriotic holidays such as Constitution Day, Presidents' Day, Veterans Day, and Independence Day; and(B) identify customs associated with national patriotic holidays such as parades and fireworks on Independence Day.(2) History. The student understands how historical figures helped shape the state and nation. The student is expected to identify contributions of historical figures, including Stephen F. Austin, George Washington, Christopher Columbus, and José Antonio Navarro, who helped to shape the state and nation.(3) Geography. The student understands the concept of location. The student is expected to:(A) use spatial terms, including over, under, near, far, left, and right, to describe relative location;(B) locate places on the school campus and describe their relative locations; and(C) identify and use geographic tools that aid in determining location, including maps and globes.(4) Geography. The student understands physical and human characteristics of place to better understand self, home, family, classroom, and the world around them. The student is expected to:(A) identify the physical characteristics of place such as landforms, bodies of water, Earth's resources, and weather; and(B) identify how geographic location influences human characteristics of place such as shelter, clothing, food, and activities.(5) Economics. The student understands the difference between human needs and wants and how they are met. The student is expected to:(A) identify basic human needs of food, clothing, and shelter;(B) explain the difference between needs and wants; and(C) explain how basic human needs and wants can be met.(6) Economics. The student understands the value of jobs. The student is expected to:(A) identify jobs in the home, school, and community; and(B) explain why people have jobs.(7) Government. The student understands the purpose of rules. The student is expected to:(A) identify purposes for having rules; and(B) identify rules that provide order, security, and safety in the home and school.(8) Government. The student understands the role of authority figures. The student is expected to:(A) identify authority figures in the home, school, and community; and(B) explain how authority figures enforce rules.(9) Citizenship. The student understands important symbols, customs, and responsibilities that represent American beliefs and principles and contribute to our national identity. The student is expected to:(A) identify the United States flag and the Texas state flag;(B) recite the Pledge of Allegiance to the United States Flag and the Pledge to the Texas Flag; and(C) use voting as a method for group decision making.(10) Culture. The student understands similarities and differences among individuals. The student is expected to identify similarities and differences among individuals such as kinship and religion.(11) Culture. The student understands the importance of family traditions. The student is expected to:(A) describe and explain the importance of family traditions; and(B) compare traditions among families.(12) Science, technology, and society. The student understands ways technology is used in the home and school and how technology affects people's lives. The student is expected to:(A) identify examples of technology used in the home and school;(B) describe how technology helps accomplish specific tasks and meet people's needs; and(C) describe how his or her life might be different without modern technology.(13) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) identify and state facts based on relevant evidence;(B) identify different kinds of historical sources and artifacts and explain how they can be used to study the past;(C) gather information about a topic using a variety of valid oral and visual sources such as interviews, music, pictures, symbols, and artifacts with adult assistance; and(D) sequence and categorize information.(14) Social studies skills. The student communicates in oral and visual forms. The student is expected to:(A) place events in chronological order;(B) use social studies terminology related to time and chronology correctly, including before, after, next, first, last, yesterday, today, and tomorrow;(C) communicate information visually, orally, or in writing based on knowledge and experiences in social studies;(D) create and interpret visuals, including pictures and maps; and(E) apply and practice classroom rules and procedures for listening and responding respectfully.(15) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) use democratic procedures to collaborate with others when making decisions on issues in the classroom, school, or community; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.11 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2020, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scA/s113.12"><num value="113.12">§113.12</num><heading>Social Studies, Grade 1, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 1, students study their relationship to the classroom, school, and community to establish the foundation for responsible citizenship in society. Students develop concepts of time and chronology by distinguishing among past, present, and future events. Students identify anthems and mottoes of the United States and Texas. Students create simple maps to identify the location of places in the classroom, school, and community. Students explore the concepts of goods and services and the value of work. Students identify individuals who exhibit good citizenship. Students describe the importance of family customs and traditions and identify how technology has changed family life. Students sequence and categorize information. Students practice problem-solving, decision-making, and independent-thinking skills.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich material is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) Students must demonstrate learning performance related to any federal and state mandates regarding classroom instruction. Although Grade 1 is not required to participate in Celebrate Freedom Week, according to the TEC, §29.907, primary grades lay the foundation for subsequent learning. As a result, Grade 1 Texas essential knowledge and skills include standards related to this patriotic observance.(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands the origins of customs, holidays, and celebrations. The student is expected to:(A) describe the origins of customs, holidays, and celebrations of the community, state, and nation such as Constitution Day, Independence Day, and Veterans Day; and(B) compare the observance of holidays and celebrations.(2) History. The student understands how historical figures helped shape the state and nation. The student is expected to:(A) identify contributions of historical figures, including Sam Houston, George Washington, Abraham Lincoln, and Martin Luther King Jr., who have influenced the state and nation; and(B) compare the lives of historical figures who have influenced the state and nation.(3) Geography. The student understands the relative location of places. The student is expected to:(A) describe the location of self and objects relative to other locations in the classroom and school using spatial terms; and(B) locate places using the four cardinal directions.(4) Geography. The student understands the purpose of geographic tools, including maps and globes. The student is expected to:(A) create and use simple maps such as maps of the home, classroom, school, and community; and(B) locate and explore the community, Texas, and the United States on maps and globes.(5) Geography. The student understands physical and human characteristics of place to better understand their community and the world around them. The student is expected to:(A) identify and describe the physical characteristics of place such as landforms, bodies of water, Earth's resources, and weather; and(B) identify and describe how geographic location influences the human characteristics of place such as shelter, clothing, food, and activities.(6) Economics. The student understands how families meet basic human needs. The student is expected to:(A) describe ways that families meet basic human needs; and(B) describe similarities and differences in ways families meet basic human needs.(7) Economics. The student understands the concepts of goods and services. The student is expected to:(A) identify examples of goods and services in the home, school, and community;(B) identify ways people exchange goods and services; and(C) identify the role of markets in the exchange of goods and services.(8) Economics. The student understands the condition of not being able to have all the goods and services one wants. The student is expected to:(A) identify examples of people wanting more than they can have;(B) explain why wanting more than they can have requires that people make choices; and(C) identify examples of choices families make when buying goods and services.(9) Economics. The student understands the value of work. The student is expected to:(A) describe the tools of various jobs and the characteristics of a job well performed; and(B) describe how various jobs contribute to the production of goods and services.(10) Government. The student understands the purpose of rules and laws. The student is expected to:(A) explain the purpose for rules and laws in the home, school, and community; and(B) identify rules and laws that establish order, provide security, and manage conflict.(11) Government. The student understands the role of authority figures and public officials. The student is expected to:(A) identify the responsibilities of authority figures in the home, school, and community; and(B) identify and describe the roles of public officials in the community, state, and nation.(12) Citizenship. The student understands characteristics of good citizenship as exemplified by historical figures and other individuals. The student is expected to:(A) identify characteristics of good citizenship, including truthfulness, justice, equality, respect for oneself and others, responsibility in daily life, and participation in government by educating oneself about the issues, respectfully holding public officials to their word, and voting; and(B) identify historical figures and other individuals who have exemplified good citizenship such as Benjamin Franklin and Eleanor Roosevelt.(13) Citizenship. The student understands important symbols, customs, and celebrations that represent American beliefs and principles that contribute to our national identity. The student is expected to:(A) explain state and national patriotic symbols, including the United States and Texas flags, the Liberty Bell, the Statue of Liberty, and the Alamo;(B) recite the Pledge of Allegiance to the United States Flag and the Pledge to the Texas Flag;(C) identify anthems and mottoes of Texas and the United States;(D) explain and practice voting as a way of making choices and decisions; and(E) explain how patriotic customs and celebrations reflect American individualism and freedom.(14) Culture. The student understands the importance of family and community beliefs, language, and traditions. The student is expected to:(A) describe and explain the importance of beliefs, language, and traditions of families and communities; and(B) explain the way folktales and legends reflect beliefs, language, and traditions of communities.(15) Science, technology, and society. The student identifies individuals who created or invented new technology and understands how technology affects daily life, past and present. The student is expected to:(A) describe how technology has affected the ways families live;(B) describe how technology has affected communication, transportation, and recreation; and(C) identify the contributions of scientists and inventors such as Alexander Graham Bell, Thomas Edison, and Garrett Morgan.(16) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) identify and state facts based on relevant evidence;(B) identify different kinds of historical sources and artifacts and explain how they can be used to study the past;(C) gather information about a topic using a variety of valid oral and visual sources such as interviews, music, pictures, symbols, and artifacts with adult assistance; and(D) sequence and categorize information.(17) Social studies skills. The student communicates in oral, visual, and written forms. The student is expected to:(A) use a simple timeline to distinguish among past, present, and future;(B) use a calendar to describe and measure time in days, weeks, months, and years;(C) communicate information visually, orally, or in writing based on knowledge and experiences in social studies;(D) create and interpret visual and written material;(E) use social studies terminology correctly; and(F) apply and practice classroom rules and procedures for listening and responding respectfully.(18) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) use democratic procedures to collaborate with others when making decisions on issues in the classroom, school, or community; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.12 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2020, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scA/s113.13"><num value="113.13">§113.13</num><heading>Social Studies, Grade 2, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 2, students focus on a study of their local community by examining the impact of significant individuals and events on the history of the community as well as on the state and nation. Students begin to develop the concepts of time and chronology. The relationship between the physical environment and human activities is introduced as are the concepts of consumers and producers. Students identify functions of government as well as services provided by the local government. Students continue to acquire knowledge of customs, symbols, and celebrations that represent American beliefs and principles. Students identify the significance of works of art in the local community and explain how technological innovations have changed transportation and communication. Students communicate what they have learned in written, oral, and visual forms.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich material such as nonfiction texts, primary sources, biographies, folklore, poetry, songs, and artworks is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, online tours, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) Students must demonstrate learning performance related to any federal and state mandates regarding classroom instruction. Although Grade 2 is not required to participate in Celebrate Freedom Week, according to the TEC, §29.907, primary grades lay the foundation for subsequent learning. As a result, Grade 2 Texas essential knowledge and skills include standards related to this patriotic observance.(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands the historical significance of landmarks and celebrations in the community, state, and nation. The student is expected to:(A) explain the significance of various community, state, and national celebrations such as Veterans Day, Memorial Day, Independence Day, and Thanksgiving; and(B) identify and explain the significance of various community, state, and national landmarks such as monuments and government buildings.(2) History. The student understands how historical figures helped shape the community, state, and nation. The student is expected to:(A) identify contributions of historical figures, including Thurgood Marshall, Irma Rangel, and Theodore Roosevelt, who have influenced the state and nation; and(B) describe how people and events have influenced local community history.(3) Geography. The student uses simple geographic tools, including maps and globes. The student is expected to:(A) identify and use information on maps and globes using basic map elements such as title, cardinal directions, and legend; and(B) create maps to show places and routes within the home, school, and community.(4) Geography. The student understands the location of places in their community, state, country, and the world. The student is expected to:(A) identify major landforms and bodies of water, including each of the seven continents and each of the oceans, on maps and globes; and(B) locate places, including the local community, Texas, the United States, the state capital, the U.S. capital, and the bordering countries of Canada and Mexico on maps and globes.(5) Geography. The student understands how humans use and modify the physical environment. The student is expected to:(A) identify ways in which people have modified the physical environment such as clearing land, building roads, using land for agriculture, and drilling for oil;(B) identify consequences of human modification of the physical environment; and(C) identify ways people can conserve and replenish Earth's resources.(6) Economics. The student understands the value of work. The student is expected to:(A) explain how work provides income to purchase goods and services; and(B) explain the choices people can make about earning, spending, and saving money.(7) Economics. The student understands the roles of producers and consumers in the production of goods and services. The student is expected to:(A) distinguish between producing and consuming;(B) identify ways in which people are both producers and consumers; and(C) trace the development of a product from a natural resource to a finished product.(8) Government. The student understands the purpose of governments. The student is expected to:(A) identify functions of governments such as establishing order, providing security, and managing conflict; and(B) identify governmental services in the community such as police and fire protection, libraries, schools, and parks and explain their value to the community.(9) Government. The student understands the role of public officials. The student is expected to:(A) name current public officials, including mayor, governor, and president;(B) compare the roles of public officials, including mayor, governor, and president;(C) identify ways that public officials are selected, including election and appointment to office; and(D) identify how citizens participate in their own governance through staying informed of what public officials are doing, providing input to them, and volunteering to participate in government functions.(10) Citizenship. The student understands characteristics of good citizenship as exemplified by historical figures and other individuals. The student is expected to:(A) identify characteristics of good citizenship, including truthfulness, justice, equality, respect for oneself and others, responsibility in daily life, and participation in government by educating oneself about the issues, respectfully holding public officials to their word, and voting;(B) identify historical figures and other individuals who have exemplified good citizenship such as Paul Revere, Abigail Adams, World War II Women Airforce Service Pilots (WASPs), Navajo Code Talkers, and Sojourner Truth; and(C) identify ways to actively practice good citizenship, including involvement in community service.(11) Citizenship. The student understands important symbols, customs, and celebrations that represent American beliefs and principles that contribute to our national identity. The student is expected to:(A) recite the Pledge of Allegiance to the United States Flag and the Pledge to the Texas Flag;(B) sing, recite, or identify selected patriotic songs, including "The Star-Spangled Banner" and "America the Beautiful";(C) use voting as a method for group decision making;(D) identify symbols such as state and national birds and flowers and Uncle Sam; and(E) identify how selected symbols, customs, and celebrations reflect an American love of individualism, inventiveness, and freedom.(12) Culture. The student understands ethnic and/or cultural celebrations. The student is expected to:(A) identify the significance of various ethnic and/or cultural celebrations; and(B) compare ethnic and/or cultural celebrations.(13) Science, technology, and society. The student understands how science and technology have affected life, past and present. The student is expected to:(A) describe how science and technology have affected communication, transportation, and recreation; and(B) explain how science and technology have affected the ways in which people meet basic needs.(14) Science, technology, and society. The student identifies individuals who exhibited individualism and inventiveness. The student is expected to identify individuals who have exhibited individualism and inventiveness such as Amelia Earhart and George Washington Carver.(15) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) identify and state facts based on relevant evidence;(B) identify different kinds of historical sources and artifacts and explain how they can be used to study the past;(C) gather information about a topic using a variety of valid oral and visual sources such as interviews, music, pictures, maps, and artifacts; and(D) interpret oral, visual, and print material by sequencing, categorizing, identifying the main idea, predicting, comparing, and contrasting.(16) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) describe the order of events by using designations of time periods such as historical and present times;(B) apply vocabulary related to chronology, including past, present, and future;(C) create and interpret timelines for events in the past and present;(D) use social studies terminology correctly;(E) communicate information visually, orally, or in writing based on knowledge and experiences in social studies;(F) create written and visual material such as stories, maps, and graphic organizers to express ideas; and(G) apply and practice classroom rules and procedures for listening and responding respectfully.(17) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) use democratic procedures to collaborate with others when making decisions on issues in the classroom, school, or community; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.13 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2020, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scA/s113.14"><num value="113.14">§113.14</num><heading>Social Studies, Grade 3, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 3, students learn how diverse individuals have changed their communities and world. Students study the effects inspiring heroes have had on communities, past and present. Students learn about the lives of heroic men and women who made important choices, overcame obstacles, sacrificed for the betterment of others, and embarked on journeys that resulted in new ideas, new inventions, new technologies, and new communities. Students expand their knowledge through the identification and study of people who made a difference, influenced public policy and decision making, and participated in resolving issues that are important to all people. Throughout Grade 3, students develop an understanding of the economic, cultural, and scientific contributions made by individuals.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich material such as biographies, founding documents, poetry, songs, and artworks is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands how individuals, events, and ideas have influenced the history of various communities. The student is expected to:(A) describe how individuals, events, and ideas have changed communities, past and present;(B) identify individuals, including Pierre-Charles L'Enfant, Benjamin Banneker, and Benjamin Franklin, who have helped to shape communities; and(C) describe how individuals, including Daniel Boone and the Founding Fathers have contributed to the expansion of existing communities or to the creation of new communities.(2) History. The student understands common characteristics of communities, past and present. The student is expected to:(A) identify reasons people have formed communities, including a need for security and laws, religious freedom, and material well-being; and(B) compare ways in which people in the local community and other communities meet their needs for government, education, communication, transportation, and recreation.(3) Geography. The student understands how humans adapt to and/or modify the physical environment. The student is expected to:(A) describe similarities and differences in the physical environment, including climate, landforms, natural resources, and natural hazards;(B) identify and compare how people in different communities adapt to or modify the physical environment in which they live such as deserts, mountains, wetlands, and plains; and(C) describe the effects of human processes such as building new homes, conservation, and pollution in shaping the landscape.(4) Geography. The student understands the concepts of location, distance, and direction on maps and globes. The student is expected to:(A) use cardinal and intermediate directions to locate places on maps and globes in relation to the local community;(B) use a scale to determine the distance between places on maps and globes; and(C) identify, create, and interpret maps of places that contain map elements, including a title, compass rose, legend, scale, and grid system.(5) Economics. The student understands the purposes of earning, spending, saving, and donating money. The student is expected to:(A) identify ways of earning, spending, saving, and donating money; and(B) create a simple budget that allocates money for spending and saving.(6) Economics. The student understands the concept of the free enterprise system and how businesses operate in the U.S. free enterprise system. The student is expected to:(A) explain how supply and demand affect the price of a good or service;(B) define and identify examples of scarcity;(C) explain how the cost of production and selling price affect profits; and(D) identify individuals, past and present, such as Henry Ford and Sam Walton who have started new businesses.(7) Government. The student understands the basic structure and functions of various levels of government. The student is expected to:(A) describe the basic structure of government in the local community, state, and nation;(B) identify local, state, and national government officials and explain how they are chosen; and(C) identify services commonly provided by local, state, and national governments.(8) Government. The student understands important ideas in historical documents at various levels of government. The student is expected to:(A) identify the purposes of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights; and(B) describe the concept of "consent of the governed. "(9) Citizenship. The student understands characteristics of good citizenship as exemplified by historical and contemporary figures and organizations. The student is expected to:(A) identify characteristics of good citizenship, including truthfulness, justice, equality, respect for oneself and others, responsibility in daily life, and participation in government by educating oneself about the issues, respectfully holding public officials to their word, and voting;(B) identify figures such as Helen Keller, Clara Barton, and Ruby Bridges who exemplify good citizenship;(C) identify and describe individual acts of civic responsibility, including obeying laws, serving and improving the community, serving on a jury, and voting;(D) identify examples of nonprofit and/or civic organizations such as the Red Cross and explain how they serve the common good; and(E) use voting as a method for group decision making.(10) Culture. The student understands ethnic and/or cultural celebrations of the local community and other communities. The student is expected to:(A) explain the significance of various ethnic and/or cultural celebrations in the local community and other communities; and(B) compare ethnic and/or cultural celebrations in the local community with other communities.(11) Culture. The student understands the role of heroes in shaping the culture of communities, the state, and the nation. The student is expected to:(A) identify and describe the heroic deeds of state and national heroes and military and first responders such as Hector P. Garcia, James A. Lovell, and the Four Chaplains; and(B) identify and describe the heroic deeds of individuals such as Harriet Tubman, Todd Beamer, and other contemporary heroes.(12) Culture. The student understands the importance of writers and artists to the cultural heritage of communities. The student is expected to identify how various writers and artists such as Kadir Nelson, Tomie dePaola, Carmen Lomas Garza, and Laura Ingalls Wilder and their stories, poems, statues, and paintings contribute to the cultural heritage of communities.(13) Science, technology, and society. The student understands how individuals have created or invented new technology and affected life in various communities, past and present. The student is expected to:(A) identify individuals who have discovered scientific breakthroughs or created or invented new technology such as Jonas Salk, Cyrus McCormick, Bill Gates, Louis Pasteur, and others; and(B) describe the impact of scientific breakthroughs and new technology in computers, pasteurization, and medical vaccines on various communities.(14) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) gather information, including historical and current events and geographic data, about the community using a variety of resources;(B) differentiate and compare the information about a specific issue or event provided in primary and secondary sources;(C) interpret oral, visual, and print material by sequencing, categorizing, identifying the main idea, distinguishing between fact and opinion, identifying cause and effect, comparing, and contrasting;(D) interpret and create visuals, including graphs, charts, tables, timelines, illustrations, and maps;(E) identify the central claim in a primary or secondary source; and(F) develop and communicate a claim and supporting evidence visually, orally, or in writing related to a social studies topic.(15) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) create and interpret timelines;(C) apply the terms year, decade, and century to describe historical times;(D) express ideas orally based on knowledge and experiences;(E) create written and visual material such as stories, pictures, maps, and graphic organizers to express ideas; and(F) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(16) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) use democratic procedures to simulate making decisions on school, local, or state issues; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.14 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2020, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scA/s113.15"><num value="113.15">§113.15</num><heading>Social Studies, Grade 4, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 4, students examine the history of Texas from the early beginnings to the present within the context of influences of North America. Historical content focuses on Texas history, including the Texas Revolution, establishment of the Republic of Texas, and subsequent annexation to the United States. Students discuss important issues, events, and individuals of the 19th, 20th, and 21st centuries. Students conduct a thorough study of regions in Texas and North America resulting from human activity and from physical features. The location, distribution, and patterns of economic activities and settlement in Texas further enhance the concept of regions. Students describe how early American Indians in Texas and North America met their basic economic needs. Students identify motivations for European exploration and colonization and reasons for the establishment of Spanish settlements and missions. Students explain how American Indians governed themselves and identify characteristics of Spanish colonial and Mexican governments in Texas. Students recite and explain the meaning of the Pledge to the Texas Flag. Students identify the contributions of people of various racial, ethnic, and religious groups to Texas and describe the impact of science and technology on life in the state. Students use critical-thinking skills to identify cause-and-effect relationships, compare and contrast, and make generalizations and predictions.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as documents, biographies, novels, speeches, letters, poetry, songs, and artworks is encouraged. Where appropriate, local topics should be included. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands the origins, similarities, and differences of American Indian groups in Texas before European exploration. The student is expected to:(A) explain the possible origins of American Indian groups in Texas;(B) identify and compare the ways of life of American Indian groups in Texas before European exploration such as the Lipan Apache, Karankawa, Caddo, and Jumano;(C) describe the cultural regions in which American Indians lived such as Gulf, Plains, Puebloan, and Southeastern; and(D) locate American Indian groups remaining in Texas such as the Ysleta Del Sur Pueblo, Alabama-Coushatta, and Kickapoo.(2) History. The student understands the causes and effects of European exploration and colonization of Texas. The student is expected to:(A) summarize motivations for European exploration and settlement of Texas, including economic opportunity, competition, and the desire for expansion;(B) identify the accomplishments and explain the impact of significant explorers, including Cabeza de Vaca; Francisco Coronado; and René Robert Cavelier, Sieur de la Salle, on the settlement of Texas;(C) explain when, where, and why the Spanish established settlements and Catholic missions in Texas as well as important individuals;(D) identify Texas' role in the Mexican War of Independence and the war's impact on the development of Texas; and(E) identify the accomplishments and explain the economic motivations and impact of significant empresarios, including Stephen F. Austin and Martín de León, on the settlement of Texas.(3) History. The student understands the importance of the Texas Revolution, the Republic of Texas, and the annexation of Texas to the United States. The student is expected to:(A) analyze the causes, major events, and effects of the Texas Revolution, including the Battle of the Alamo, the Texas Declaration of Independence, the Runaway Scrape, and the Battle of San Jacinto;(B) summarize the significant contributions of individuals such as William B. Travis, James Bowie, David Crockett, Juan N. Seguín, Plácido Benavides, José Francisco Ruiz, Antonio López de Santa Anna, Susanna Dickinson, and Enrique Esparza;(C) identify leaders important to the founding of Texas as a republic and state, including José Antonio Navarro, Sam Houston, Mirabeau Lamar, and Anson Jones;(D) describe the successes, problems, and organizations of the Republic of Texas such as the establishment of a constitution, economic struggles, relations with American Indians, and the Texas Rangers; and(E) explain the events that led to the annexation of Texas to the United States and the impact of the U.S.-Mexican War.(4) History. The student understands the political, economic, and social changes in Texas during the last half of the 19th century. The student is expected to:(A) describe the impact of the Civil War and Reconstruction on Texas;(B) explain the growth, development, and impact of the cattle industry such as contributions made by Charles Goodnight, Richard King, and Lizzie Johnson;(C) explain the effects of the railroad industry on life in Texas, including changes to cities and major industries; and(D) explain the effects on American Indian life brought about by the Red River War, building of U.S. forts and railroads, and loss of buffalo.(5) History. The student understands important issues, events, and individuals of the 20th century in Texas. The student is expected to:(A) explain the impact of various events on life in Texas such as the Great Depression, the Dust Bowl, and World War II and notable individuals such as Audie Murphy, Cleto Rodríguez, and Bessie Coleman and other local individuals; and(B) explain the development and impact of the oil and gas industry on industrialization and urbanization in Texas, including Spindletop and important people such as Pattillo Higgins.(6) Geography. The student understands the concept of regions. The student is expected to:(A) identify, locate, and describe the physical regions of Texas (Mountains and Basins, Great Plains, North Central Plains, Coastal Plains), including their characteristics such as landforms, climate, vegetation, and economic activities; and(B) compare the physical regions of Texas (Mountains and Basins, Great Plains, North Central Plains, Coastal Plains).(7) Geography. The student understands the location and patterns of settlement and the geographic factors that influence where people live. The student is expected to:(A) explain the geographic factors such as landforms and climate that influence patterns of settlement and the distribution of population in Texas, past and present; and(B) identify and explain patterns of settlement such as the location of towns and cities in Texas at different time periods.(8) Geography. The student understands how people adapt to and modify their environment. The student is expected to:(A) describe ways people have adapted to and modified their environment in Texas, past and present, such as timber clearing, agricultural production, wetlands drainage, energy production, and construction of dams;(B) explain reasons why people have adapted to and modified their environment in Texas, past and present, such as the use of natural resources to meet basic needs, facilitate transportation, and enhance recreational activities; and(C) compare the positive and negative consequences of human modification of the environment in Texas, past and present.(9) Economics. The student understands the basic economic activities of early societies in Texas. The student is expected to:(A) explain the economic activities various early American Indian groups in Texas used to meet their needs and wants such as farming, trading, and hunting; and(B) explain the economic activities early settlers to Texas used to meet their needs and wants.(10) Economics. The student understands the characteristics and benefits of the free enterprise system in Texas. The student is expected to:(A) describe how the free enterprise system works, including supply and demand;(B) identify examples of the benefits of the free enterprise system such as choice and opportunity; and(C) describe the development of the free enterprise system in Texas such as the growth of cash crops by early colonists and the railroad boom.(11) Economics. The student understands patterns of work and economic activities in Texas. The student is expected to:(A) identify how people in different regions of Texas earn their living, past and present;(B) explain how physical geographic factors such as climate and natural resources have influenced the location of economic activities in Texas;(C) identify the effects of exploration, immigration, migration, and limited resources on the economic development and growth of Texas; and(D) explain how developments in transportation and communication have influenced economic activities in Texas.(12) Government. The student understands how people organized governments in different ways during the early development of Texas. The student is expected to:(A) compare how various American Indian groups such as the Caddo and the Comanche governed themselves; and(B) compare characteristics of the Spanish colonial government and the early Mexican governments in Texas.(13) Government. The student understands important ideas in historical documents of Texas and the United States. The student is expected to:(A) identify the purposes and explain the importance of the Texas Declaration of Independence and the Texas Constitution;(B) identify and explain the basic functions of the three branches of government according to the Texas Constitution; and(C) identify the intent, meaning, and importance of the Declaration of Independence, the U.S. Constitution, and the Bill of Rights (Celebrate Freedom Week).(14) Citizenship. The student understands important customs, symbols, and celebrations of Texas. The student is expected to:(A) explain the meaning of various patriotic symbols and landmarks of Texas, including the six flags that flew over Texas, the Alamo, and the San Jacinto Monument;(B) sing or recite "Texas, Our Texas";(C) recite and explain the meaning of the Pledge to the Texas Flag; and(D) describe the origins and significance of state celebrations such as Texas Independence Day and Juneteenth.(15) Citizenship. The student understands the importance of active individual participation in the democratic process. The student is expected to:(A) identify important individuals who have participated voluntarily in civic affairs at state and local levels such as Adina de Zavala and Clara Driscoll;(B) explain how individuals can participate voluntarily in civic affairs at state and local levels through activities such as respectfully holding public officials to their word, writing letters, and participating in historic preservation and service projects;(C) explain the duty of the individual in state and local elections such as being informed and voting;(D) identify the importance of historical figures and important individuals who modeled active participation in the democratic process such as Sam Houston, Barbara Jordan, Lorenzo de Zavala, Ann Richards, Henry B. González, Wallace Jefferson, and other local individuals;(E) explain how to contact elected and appointed leaders in state and local governments; and(F) use voting as a method for group decision making.(16) Citizenship. The student understands the importance of effective leadership in a constitutional republic. The student is expected to:(A) identify leaders in state, local, and national governments, including the governor, local members of the Texas Legislature, the local mayor, U.S. senators, local U.S. representatives, and Texans who have been president of the United States; and(B) identify leadership qualities of state and local leaders, past and present.(17) Culture. The student understands the contributions of people of various racial, ethnic, and religious groups to Texas culture. The student is expected to:(A) identify customs, celebrations, and traditions of various cultural, regional, and local groups in Texas such as Cinco de Mayo, Oktoberfest, and Fiesta San Antonio; and(B) summarize the contributions of artists of various racial, ethnic, and religious groups in the development of Texas culture such as Lydia Mendoza, Chelo Silva, and Julius Lorenzo Cobb Bledsoe.(18) Science, technology, and society. The student understands the impact of science and technology on life in Texas. The student is expected to:(A) identify famous inventors and scientists such as Gail Borden, Joseph Glidden, Michael DeBakey, and Millie Hughes-Fulford and their contributions; and(B) describe how scientific discoveries and innovations such as in aerospace, agriculture, energy, and technology have benefited individuals, businesses, and society in Texas.(19) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) differentiate between, locate, and use valid primary and secondary sources such as technology; interviews; biographies; oral, print, and visual material; documents; and artifacts to acquire information about Texas;(B) differentiate and compare the information about a specific issue or event provided in primary and secondary sources;(C) analyze information by applying absolute and relative chronology through sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;(D) organize and interpret information in outlines, reports, databases, and visuals, including graphs, charts, timelines, and maps;(E) identify different points of view about an issue, topic, historical event, or current event;(F) identify the central claim in a primary or secondary source; and(G) develop and communicate a claim and supporting evidence visually, orally, or in writing related to a social studies topic.(20) Social studies skills. The student uses geographic tools to collect, analyze, and interpret data. The student is expected to:(A) apply mapping elements, including grid systems, legends, symbols, scales, and compass roses, to create and interpret maps; and(B) interpret geographic data, population distribution, and natural resources into a variety of formats such as graphs and maps.(21) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) incorporate main and supporting ideas in verbal and written communication;(C) express ideas orally based on research and experiences;(D) create written and visual material such as journal entries, reports, graphic organizers, outlines, and bibliographies; and(E) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(22) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) use democratic procedures to simulate making decisions on school, local, or state issues; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.15 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2020, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scA/s113.16"><num value="113.16">§113.16</num><heading>Social Studies, Grade 5, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 5, students survey the history of the United States from 1565 to the present. Historical content includes the colonial period, the American Revolution, the establishment of the U.S. Constitution and American identity, westward expansion, the Civil War and Reconstruction, immigration and industrialization, and the 20th and 21st centuries. Students study a variety of regions in the United States that result from physical features and human activity and identify how people adapt to and modify the environment. Students explain the characteristics and benefits of the free enterprise system and describe economic activities in the United States. Students identify the roots of representative government in this nation as well as the important ideas in the Declaration of Independence and the U.S. Constitution. Students study the fundamental rights guaranteed in the Bill of Rights. Students examine the importance of effective leadership in a constitutional republic and identify important leaders in the national government. Students recite and explain the meaning of the Pledge of Allegiance to the United States Flag. Students describe the cultural impact of various racial, ethnic, and religious groups in the nation and identify the accomplishments of notable individuals in the fields of science and technology. Students explain symbols, traditions, and landmarks that represent American beliefs and principles. Students use critical-thinking skills to sequence, categorize, and summarize information and to draw inferences and conclusions.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as documents, biographies, novels, speeches, letters, poetry, songs, and artworks is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands the reasons for and the role of key people in the European colonization of North America beginning in 1565, the founding of St. Augustine. The student is expected to:(A) explain when, where, and why groups of people explored, colonized, and settled in the United States, including the search for religious freedom and economic gain; and(B) describe the accomplishments of significant individuals who settled for religious freedom and economic gain during the colonial period, including William Bradford, Anne Hutchinson, William Penn, John Smith, and Roger Williams.(2) History. The student understands how conflict between the American colonies and Great Britain led to American independence and the formation of the United States. The student is expected to:(A) analyze the causes and effects of events prior to and during the American Revolution, including the taxation resulting from the French and Indian War and the colonist response to taxation such as the Boston Tea Party;(B) identify the Founding Fathers and Patriot heroes, including John Adams, Benjamin Franklin, Thomas Jefferson, the Sons of Liberty, and George Washington, and their motivations and contributions during the revolutionary period; and(C) summarize the results of the American Revolution, including the establishment of the United States.(3) History. The student understands the significant individuals who contributed to the creation of the U.S. Constitution and the government it established. The student is expected to identify the contributions of Founding Fathers James Madison and George Mason who helped create the U.S. Constitution.(4) History. The student understands political, economic, and social changes that occurred in the United States during the 19th century. The student is expected to:(A) describe the causes and effects of the War of 1812 such as impressment of sailors, territorial conflicts with Great Britain, and the increase in U.S. manufacturing;(B) identify and explain how changes resulting from the Industrial Revolution led to conflict among sections of the United States;(C) identify significant events and concepts associated with U.S. territorial expansion, including the Louisiana Purchase, the expedition of Lewis and Clark, and Manifest Destiny;(D) explain the central role of the expansion of slavery in causing sectionalism, disagreement over states' rights, and the Civil War;(E) explain the effects of the Civil War, including Reconstruction and the 13th, 14th, and 15th amendments to the U.S. Constitution; and(F) identify the challenges, opportunities, and contributions of people from various American Indian and immigrant groups such as the settlement of the frontier and building of the Transcontinental Railroad.(5) History. The student understands important issues, events, and individuals in the United States during the 20th and 21st centuries. The student is expected to:(A) explain the significance of issues and events of the 20th century such as industrialization, urbanization, the Great Depression, the world wars, the civil rights movement, and military actions;(B) analyze various issues and events of the 21st century such as the War on Terror and the 2008 presidential election; and(C) identify the accomplishments and contributions of individuals and groups such as Susan B. Anthony, Martin Luther King Jr., Rosa Parks, Cesar Chavez, Franklin D. Roosevelt, Ronald Reagan, the Tuskegee Airmen, and the 442nd Regimental Combat Team in the areas of civil rights, women's rights, military actions, and politics.(6) Geography. The student understands places and regions in the United States. The student is expected to:(A) describe political and economic regions in the United States that result from patterns of human activity;(B) describe regions in the United States based on physical characteristics such as landform, climate, and vegetation;(C) locate on a map important political features such as the five largest cities by population in the United States and the 50 states; and(D) create a map of important physical features such as the Appalachian Mountains, Great Lakes, Mississippi River, Great Plains, and Rocky Mountains.(7) Geography. The student understands the location and patterns of settlement and the geographic factors that influence where people live. The student is expected to:(A) identify and describe the patterns of settlement such as rural, urban, and suburban;(B) explain the geographic factors that influence patterns of settlement and the distribution of population in the United States; and(C) analyze the geographic factors that influence the location of the five largest urban areas in the United States and explain their distribution.(8) Geography. The student understands how people adapt to and modify their environment. The student is expected to:(A) describe how and why people have adapted to and modified their environment in the United States such as the use of human resources to meet basic needs; and(B) analyze the positive and negative consequences of human modification of the environment in the United States.(9) Economics. The student understands the basic economic patterns of early societies in the United States. The student is expected to:(A) explain the economic patterns of early European colonies; and(B) identify major industries of colonial America such as shipbuilding and growing of cash crops.(10) Economics. The student understands the development, characteristics, and benefits of the free enterprise system in the United States. The student is expected to:(A) identify the development of the free enterprise system in colonial America and the United States;(B) describe how the free enterprise system works in the United States; and(C) give examples of the benefits of the free enterprise system in the United States.(11) Economics. The student understands the impact of supply and demand on consumers and producers in a free enterprise system. The student is expected to:(A) explain how supply and demand affects consumers in the United States; and(B) evaluate the effects of supply and demand on industry and agriculture, including the plantation system, in the United States.(12) Economics. The student understands patterns of work and economic activities in the United States. The student is expected to:(A) compare how people in different regions of the United States earn a living, past and present;(B) identify and explain how geographic factors have influenced the location of economic activities in the United States;(C) analyze the effects of immigration and migration on the economic development and growth of the United States; and(D) describe the impact of mass production, specialization, and division of labor on the economic growth of the United States.(13) Government. The student understands the organization of governments in colonial America. The student is expected to:(A) compare the systems of government of early European colonists, including representative government and monarchy; and(B) identify examples of representative government in the American colonies, including the Mayflower Compact and the Virginia House of Burgesses.(14) Government. The student understands important ideas in the Declaration of Independence, the U.S. Constitution, and the Bill of Rights. The student is expected to:(A) explain the purposes, key elements, and the importance of the Declaration of Independence;(B) explain the purposes of the U.S. Constitution as identified in the Preamble; and(C) explain the reasons for the creation of the Bill of Rights and its importance.(15) Government. The student understands the framework of government created by the U.S. Constitution of 1787. The student is expected to:(A) identify and explain the basic functions of the three branches of government;(B) identify the reasons for and describe the system of checks and balances outlined in the U.S. Constitution; and(C) distinguish between national and state governments and compare their responsibilities in the U.S. federal system.(16) Citizenship. The student understands important symbols, customs, celebrations, and landmarks that represent American beliefs and principles that contribute to our national identity. The student is expected to:(A) explain various patriotic symbols, including Uncle Sam; national celebrations such as Labor Day; and political symbols such as the donkey and elephant;(B) sing or recite "The Star-Spangled Banner" and explain its history;(C) recite and explain the meaning of the Pledge of Allegiance to the United States Flag; and(D) explain the significance of important landmarks, including the White House, the Statue of Liberty, and Mount Rushmore.(17) Citizenship. The student understands the importance of individual participation in the democratic process at the local, state, and national levels. The student is expected to:(A) explain why individuals have a duty to participate in civic affairs at the local, state, and national levels;(B) explain how to contact elected and appointed leaders in local, state, and national governments; and(C) use voting as a method for group decision making.(18) Citizenship. The student understands the importance of effective leadership in a constitutional republic. The student is expected to:(A) identify past and present leaders in the national government, including the president and various members of Congress, and their political parties; and(B) identify leadership qualities of national leaders, past and present.(19) Citizenship. The student understands the fundamental rights of American citizens guaranteed in the Bill of Rights. The student is expected to describe the fundamental rights guaranteed in the Bill of Rights, including freedom of religion, speech, and press; the right to assemble and petition the government; the right to keep and bear arms; the right to trial by jury; and the right to an attorney.(20) Culture. The student understands the relationship between the arts and the times during which they were created. The student is expected to:(A) identify significant examples of art, music, and literature from various periods in U.S. history such as the painting American Progress, "Yankee Doodle," and "Paul Revere's Ride"; and(B) explain how examples of art, music, and literature reflect the times during which they were created.(21) Culture. The student understands the contributions of people of various racial, ethnic, and religious groups to the United States culture. The student is expected to:(A) describe customs and traditions of various racial, ethnic, and religious groups in the United States; and(B) summarize the contributions of people of various racial, ethnic, and religious groups to our national identity.(22) Science, technology, and society. The student understands the impact of science and technology on society in the United States. The student is expected to:(A) identify the accomplishments of notable individuals in the fields of science and technology such as Benjamin Franklin, Eli Whitney, John Deere, Thomas Edison, Alexander Graham Bell, George Washington Carver, the Wright Brothers, and Neil Armstrong;(B) identify how scientific discoveries, technological innovations, and the rapid growth of technology industries have advanced the economic development of the United States, including the transcontinental railroad and the space program; and(C) explain how scientific discoveries and technological innovations in the fields of medicine, communication, and transportation have benefited individuals and society in the United States.(23) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) differentiate between, locate, and use valid primary and secondary sources such as technology; interviews; biographies; oral, print, and visual material; documents; and artifacts to acquire information about the United States;(B) identify and ask questions about the credibility of different kinds of primary and secondary sources;(C) analyze information by applying absolute and relative chronology through sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;(D) organize and interpret information in outlines, reports, databases, and visuals, including graphs, charts, timelines, and maps;(E) identify different points of view about an issue, topic, historical event, or current event;(F) identify the historical context of an event;(G) identify the central claim in a primary or secondary source; and(H) develop and communicate a claim and supporting evidence visually, orally, or in writing related to a social studies topic.(24) Social studies skills. The student uses geographic tools to collect, analyze, and interpret data. The student is expected to:(A) apply mapping elements, including grid systems, legends, symbols, scales, and compass roses, to create and interpret maps; and(B) interpret geographic data, population distribution, and natural resources into a variety of formats such as graphs and maps.(25) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) incorporate main and supporting ideas in verbal and written communication;(C) express ideas orally based on research and experiences;(D) create written and visual material such as journal entries, reports, graphic organizers, outlines, and bibliographies; and(E) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(26) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) use democratic procedures to simulate making decisions on school, local, or state issues; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.16 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2020, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c113/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c113/scB/s113.18"><num value="113.18">§113.18</num><heading>Social Studies, Grade 6, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 6, students study people, places, and societies of the contemporary world. Societies for study are from the following regions of the world: Europe, Russia and the Eurasian republics, North America, Central America and the Caribbean, South America, Southwest Asia-North Africa, Sub-Saharan Africa, South Asia, East Asia, Southeast Asia, Australia, and the Pacific realm. Students describe the influence of individuals and groups on historical and contemporary events in those societies and identify the locations and geographic characteristics of various societies. Students identify different ways of organizing economic and governmental systems. The concepts of limited and unlimited government are introduced, and students describe the nature of citizenship in various societies. Students compare institutions common to all societies such as government, education, and religious institutions. Students explain how the level of technology affects the development of the various societies and identify different points of view about events. The concept of frame of reference is introduced as an influence on an individual's point of view.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as biographies, autobiographies, novels, speeches, letters, poetry, songs, and artworks is encouraged. Motivating resources are available from museums, art galleries, and historical sites.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands that historical events influence contemporary events. The student is expected to:(A) trace characteristics of various contemporary societies in regions that resulted from historical events or factors such as colonization, immigration, and trade; and(B) analyze the historical background of various contemporary societies to evaluate relationships between past conflicts and current conditions.(2) History. The student understands the influences of individuals and groups from various cultures on various historical and contemporary societies. The student is expected to:(A) identify and describe the historical influence of individuals or groups on various contemporary societies; and(B) describe the social, political, economic, and cultural contributions of individuals and groups from various societies, past and present.(3) Geography. The student understands the factors that influence the locations and characteristics of locations of various contemporary societies on maps and/or globes. The student is expected to:(A) identify and explain the geographic factors responsible for patterns of population in places and regions;(B) explain ways in which human migration influences the character of places and regions;(C) identify and locate major physical and human geographic features such as landforms, water bodies, and urban centers of various places and regions; and(D) identify the location of major world countries for each of the world regions.(4) Geography. The student understands how geographic factors influence the economic development and political relationships of societies. The student is expected to:(A) explain the geographic factors responsible for the location of economic activities in places and regions; and(B) identify geographic factors such as location, physical features, transportation corridors and barriers, and distribution of natural resources that influence a society's political relationships.(5) Geography. The student understands the impact of interactions between people and the physical environment on the development and conditions of places and regions. The student is expected to:(A) describe ways people have been impacted by physical processes such as earthquakes and climate;(B) identify and analyze ways people have adapted to the physical environment in various places and regions; and(C) identify and analyze ways people have modified the physical environment such as mining, irrigation, and transportation infrastructure.(6) Economics. The student understands the factors of production in a society's economy. The student is expected to:(A) describe ways in which the factors of production (natural resources, labor, capital, and entrepreneurs) influence the economies of various contemporary societies;(B) identify problems that may arise when one or more of the factors of production is in relatively short supply; and(C) explain the impact of the distribution of resources on international trade and economic interdependence among and within societies.(7) Economics. The student understands the various ways in which people organize economic systems. The student is expected to:(A) compare ways in which various societies organize the production and distribution of goods and services;(B) compare and contrast free enterprise, socialist, and communist economies in various contemporary societies, including the benefits of the U.S. free enterprise system; and(C) understand the importance of ethics in maintaining a functional free enterprise system.(8) Economics. The student understands categories of economic activities and the data used to measure a society's economic level. The student is expected to:(A) define and give examples of agricultural, retail, manufacturing (goods), and service industries; and(B) describe levels of economic development of various societies using indicators such as life expectancy, gross domestic product (GDP), GDP per capita, and literacy.(9) Government. The student understands the concepts of limited and unlimited governments. The student is expected to:(A) describe and compare examples of limited and unlimited governments such as constitutional (limited) and totalitarian (unlimited);(B) identify reasons for limiting the power of government; and(C) identify and describe examples of human rights abuses by limited or unlimited governments such as the oppression of religious, ethnic, and political groups.(10) Government. The student understands various ways in which people organize governments. The student is expected to:(A) identify and give examples of governments with rule by one, few, or many;(B) compare ways in which various societies such as China, Germany, India, and Russia organize government and how they function; and(C) identify historical origins of democratic forms of government such as Ancient Greece.(11) Citizenship. The student understands that the nature of citizenship varies among societies. The student is expected to:(A) describe and compare roles and responsibilities of citizens in various contemporary societies, including the United States; and(B) explain how opportunities for citizens to participate in and influence the political process vary among various contemporary societies.(12) Citizenship. The student understands the relationship among individual rights, responsibilities, duties, and freedoms in societies with representative governments. The student is expected to:(A) identify and explain the duty of civic participation in societies with representative governments; and(B) explain relationships among rights, responsibilities, and duties in societies with representative governments.(13) Culture. The student understands the similarities and differences within and among cultures in various world societies. The student is expected to:(A) identify and describe common traits that define cultures and culture regions;(B) define a multicultural society;(C) analyze the experiences and contributions of diverse groups to multicultural societies; and(D) identify and explain examples of conflict and cooperation between and among cultures.(14) Culture. The student understands that all societies have basic institutions in common even though the characteristics of these institutions may differ. The student is expected to:(A) identify institutions basic to all societies, including government, economic, educational, and religious institutions;(B) compare characteristics of institutions in various contemporary societies; and(C) analyze the efforts and activities institutions use to sustain themselves over time.(15) Culture. The student understands relationships that exist among world cultures. The student is expected to:(A) identify and describe means of cultural diffusion such as trade, travel, and war;(B) identify and describe factors that influence cultural change such as improvements in communication, transportation, and economic development;(C) analyze the impact of improved communication technology among cultures; and(D) identify the impact of cultural diffusion on individuals and world societies.(16) Culture. The student understands the relationship that exists between the arts and the societies in which they are produced. The student is expected to:(A) explain the relationships that exist between societies and their architecture, art, music, and literature;(B) describe ways in which contemporary issues influence creative expressions; and(C) identify examples of art, music, and literature that convey universal themes such as religion, justice, and the passage of time.(17) Culture. The student understands the relationships among religion, philosophy, and culture. The student is expected to:(A) explain the relationship among religious ideas, philosophical ideas, and cultures; and(B) explain the significance of religious holidays and observances such as Christmas, Easter, Ramadan, the annual hajj, Yom Kippur, Rosh Hashanah, Diwali, and Vaisakhi in various contemporary societies.(18) Science, technology, and society. The student understands the influences of science and technology on contemporary societies. The student is expected to:(A) identify examples of scientific discoveries, technological innovations, and scientists and inventors that have shaped the world;(B) explain how resources, economic factors, and political decisions affect the use of technology; and(C) make predictions about future social, political, economic, cultural, and environmental impacts that may result from future scientific discoveries and technological innovations.(19) Social studies skills. The student applies critical-thinking skills to organize and use information acquired through established research methodologies from a variety of valid sources, including technology. The student is expected to:(A) differentiate between, locate, and use valid primary and secondary sources such as oral, print, and visual material and artifacts to acquire information about various world cultures;(B) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;(C) organize and interpret information from outlines, reports, databases, and visuals, including graphs, charts, timelines, and maps;(D) identify different points of view about an issue or current topic;(E) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning related to a social studies topic; and(F) evaluate a variety of historical and contemporary sources for validity, credibility, bias, and accuracy.(20) Social studies skills. The student uses geographic tools to collect, analyze, and interpret data. The student is expected to:(A) answer geographic questions, including: Where is it located? Why is it there? What is significant about its location? How is its location related to the location of other people, places, and environments? Using latitude and longitude, where is it located?;(B) pose and answer questions about geographic distributions and patterns for various world regions and countries shown on maps, graphs, and charts;(C) compare various world regions and countries using data from maps, graphs, and charts; and(D) create and interpret regional sketch maps, thematic maps, graphs, and charts depicting aspects such as population, disease, and economic activities of various world regions and countries.(21) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) incorporate main and supporting ideas in verbal and written communication based on research;(C) express ideas orally based on research and experiences;(D) create written and visual material such as journal entries, reports, graphic organizers, outlines, and bibliographies based on research;(E) use effective written communication skills, including proper citations to avoid plagiarism; and(F) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(22) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) describe governmental and democratic processes such as voting, due process, and caucuses using simulations and models; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.18 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scB/s113.19"><num value="113.19">§113.19</num><heading>Social Studies, Grade 7, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 7, students study the history of Texas from early times to the present. Content is presented with more depth and breadth than in Grade 4. Students examine the full scope of Texas history, including Natural Texas and its People; Age of Contact; Spanish Colonial; Mexican National; Revolution and Republic; Early Statehood; Texas in the Civil War and Reconstruction; Cotton, Cattle, and Railroads; Age of Oil; Texas in the Great Depression and World War II; Civil Rights and Conservatism; and Contemporary Texas eras. The focus in each era is on key individuals, events, and issues and their impact. Students identify regions of Texas and the distribution of population within and among the regions and explain the factors that caused Texas to change from an agrarian to an urban society. Students describe the structure and functions of municipal, county, and state governments, explain the influence of the U.S. Constitution on the Texas Constitution, and examine the rights and responsibilities of Texas citizens. Students use primary and secondary sources to examine the rich and diverse cultural background of Texas as they identify the different racial and ethnic groups that settled in Texas to build a republic and then a state. Students analyze the impact of scientific discoveries and technological innovations on the development of Texas in various industries such as agricultural, energy, medical, computer, and aerospace. Students use primary and secondary sources to acquire information about Texas.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as biographies, autobiographies, novels, speeches, letters, diaries, poetry, songs, and images is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands traditional historical points of reference in Texas history. The student is expected to:(A) identify the major eras in Texas history, describe their defining characteristics, and explain the purpose of dividing the past into eras, including Natural Texas and its People; Age of Contact; Spanish Colonial; Mexican National; Revolution and Republic; Early Statehood; Texas in the Civil War and Reconstruction; Cotton, Cattle, and Railroads; Age of Oil; Texas in the Great Depression and World War II; Civil Rights; and Contemporary Texas; and(B) explain the significance of the following dates: 1519, mapping of the Texas coast and first mainland Spanish settlement; 1718, founding of San Antonio; 1821, independence from Spain; 1836, Texas independence; 1845, annexation; 1861, Civil War begins; 1876, adoption of current state constitution; and 1901, discovery of oil at Spindletop.(2) History. The student understands how individuals, events, and issues through the Mexican National Era shaped the history of Texas. The student is expected to:(A) compare the cultures of American Indians in Texas prior to European colonization such as Gulf, Plains, Puebloan, and Southeastern;(B) identify important individuals, events, and issues related to European exploration of Texas such as Alonso Álvarez de Pineda, Álvar Núñez Cabeza de Vaca, the search for gold, and the conflicting territorial claims between France and Spain;(C) identify important individuals, events, and issues related to European colonization of Texas, including the establishment of Catholic missions, towns, and ranches, and the contributions of individuals such as Fray Damián Massanet, Antonio Margil de Jesús, and Francisco Hidalgo;(D) identify the individuals, issues, and events related to Mexico becoming an independent nation and its impact on Texas, including Father Miguel Hidalgo, Texas involvement in the fight for independence, José Gutiérrez de Lara, the Battle of Medina, the Mexican federal Constitution of 1824, the merger of Texas and Coahuila as a state, the State Colonization Law of 1825, and slavery;(E) identify the contributions of significant individuals, including Moses Austin, Stephen F. Austin, Erasmo Seguín, Martín De León, and Green DeWitt, during the Mexican settlement of Texas; and(F) contrast Spanish, Mexican, and Anglo purposes for and methods of settlement in Texas.(3) History. The student understands how individuals, events, and issues related to the Texas Revolution shaped the history of Texas. The student is expected to:(A) describe the chain of events that led to the Texas Revolution, including the Fredonian Rebellion, the Mier y Terán Report, the Law of April 6, 1830, the Turtle Bayou Resolutions, and the arrest of Stephen F. Austin;(B) explain the roles played by significant individuals during the Texas Revolution, including George Childress, Lorenzo de Zavala, James Fannin, Sam Houston, Antonio López de Santa Anna, Juan N. Seguín, and William B. Travis; and(C) explain the issues surrounding significant events of the Texas Revolution, including the Battle of Gonzales; the siege of the Alamo, William B. Travis's letter "To the People of Texas and All Americans in the World," and the heroism of the diverse defenders who gave their lives there; the Constitutional Convention of 1836; Fannin's surrender at Goliad; and the Battle of San Jacinto.(4) History. The student understands how individuals, events, and issues shaped the history of the Republic of Texas and early Texas statehood. The student is expected to:(A) identify individuals, events, and issues during the administrations of Republic of Texas Presidents Houston, Lamar, and Jones such as the Texas Navy, the Texas Rangers, Jack Coffee Hays, Chief Bowles, William Goyens, Mary Maverick, José Antonio Navarro, the Córdova Rebellion, the Council House Fight, the Santa Fe Expedition, slavery, and the roles of racial and ethnic groups;(B) analyze the causes of and events leading to Texas annexation such as security and public debt; and(C) identify individuals, events, and issues during early Texas statehood, including the U.S.-Mexican War, the Treaty of Guadalupe-Hidalgo, slavery, and the Compromise of 1850.(5) History. The student understands how events and issues shaped the history of Texas during the Civil War and Reconstruction. The student is expected to:(A) explain the central role the expansion of slavery played in the involvement of Texas in the Civil War;(B) identify significant events concerning Texas and the Civil War such as the Battle of Galveston, the Battle of Sabine Pass, and the Battle of Palmito Ranch; and(C) explain the political, economic, and social effects of the Civil War and Reconstruction in Texas.(6) History. The student understands how individuals, events, and issues shaped the history of Texas from Reconstruction through the beginning of the 20th century. The student is expected to:(A) identify significant individuals, events, and issues, including the factors leading to the expansion of the Texas frontier, the effects of westward expansion on American Indians, the buffalo soldiers, and Quanah Parker;(B) identify significant individuals, events, and issues, including the development of the cattle industry from its Spanish beginnings and the cowboy way of life;(C) identify significant individuals, events, and issues, including the effects of the growth of railroads and the contributions of James Hogg; and(D) explain the political, economic, and social impact of the agricultural industry and the development of West Texas resulting from the close of the frontier.(7) History. The student understands how individuals, events, and issues shaped the history of Texas during the late 19th, 20th, and early 21st centuries. The student is expected to:(A) explain how the oil industry led to the industrialization of Texas;(B) define and trace the impact of "boom-and-bust" cycles of leading Texas industries throughout the 20th and early 21st centuries such as farming, oil and gas production, cotton, ranching, real estate, banking, and computer technology;(C) describe and compare the impact of reform movements in Texas in the 19th and 20th centuries such as progressivism, populism, women's suffrage, agrarianism, labor reform, and the conservative movement of the late 20th century;(D) describe and compare the civil rights and equal rights movements of various groups in Texas in the 20th century and identify key leaders in these movements such as James L. Farmer Jr., Hector P. Garcia, Oveta Culp Hobby, Lyndon B. Johnson, the League of United Latin American Citizens (LULAC), Jane McCallum, and Lulu Belle Madison White; and(E) analyze the political, economic, and social impact of World War I, the Great Depression, World War II, and significant issues in the latter half of the 20th and early 21st centuries such as political and economic controversies, immigration, and migration on the history of Texas.(8) Geography. The student understands the location and characteristics of places and regions of Texas. The student is expected to:(A) locate and compare the Mountains and Basins, Great Plains, North Central Plains, and Coastal Plains regions;(B) locate and compare places of importance in Texas in terms of physical and human characteristics such as major cities, waterways, natural and historic landmarks, political and cultural regions, and local points of interest; and(C) analyze the effects of physical and human factors such as climate, weather, landforms, irrigation, transportation, and communication on major events in Texas.(9) Geography. The student understands the effects of the interaction between humans and the environment in Texas. The student is expected to:(A) identify ways in which Texans have adapted to and modified the environment and explain the positive and negative consequences of the modifications; and(B) explain ways in which geographic factors such as the Galveston Hurricane of 1900, the Dust Bowl, limited water resources, and alternative energy sources have affected the political, economic, and social development of Texas.(10) Geography. The student understands the characteristics, distribution, and migration of population in Texas in the 19th, 20th, and 21st centuries. The student is expected to:(A) identify why immigrant groups came to Texas and where they settled;(B) describe how immigration and migration to Texas have influenced Texas;(C) describe the structure of the population of Texas using demographic concepts such as growth rate and age distribution; and(D) analyze the effects of the changing population distribution and growth in Texas and the additional need for education, health care, and transportation.(11) Economics. The student understands the factors that caused Texas to change from an agrarian to an urban society. The student is expected to:(A) explain economic factors and the development of major industries that led to the urbanization of Texas such as transportation, oil and gas, and manufacturing; and(B) explain the changes in the types of jobs and occupations that have resulted from the urbanization of Texas.(12) Economics. The student understands the interdependence of the Texas economy with the United States and the world. The student is expected to:(A) explain the impact of national and international markets on the production of goods and services in Texas, including agriculture and oil and gas;(B) explain the impact of economic concepts within the free enterprise system such as supply and demand, profit, and world competition on the economy of Texas; and(C) analyze the impact of significant industries in Texas such as aerospace, medical, and computer technologies on local, national, and international markets.(13) Government. The student understands the basic principles reflected in the Texas Constitution. The student is expected to:(A) identify how the Texas Constitution reflects the principles of limited government, republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights; and(B) compare the principles and concepts of the Texas Constitution to the U.S. Constitution, including the Texas and U.S. Bill of Rights.(14) Government. The student understands the structure and functions of government created by the Texas Constitution. The student is expected to:(A) describe the structure and functions of government at municipal, county, and state levels; and(B) identify major sources of revenue for state and local governments such as property taxes, sales taxes, bonds, and fees.(15) Citizenship. The student understands the rights and responsibilities of Texas citizens in a democratic society. The student is expected to:(A) explain rights of Texas citizens; and(B) explain civic responsibilities of Texas citizens and the importance of civic participation.(16) Citizenship. The student understands the importance of the expression of different points of view in a democratic society. The student is expected to:(A) identify different points of view of political parties and interest groups on important Texas issues, past and present; and(B) describe the importance of free speech and press in a democratic society.(17) Citizenship. The student understands the importance of effective leadership in a democratic society. The student is expected to:(A) identify the leadership qualities of elected and appointed leaders of Texas, past and present, including Texans who have been president of the United States; and(B) identify the contributions of Texas leaders such as Lawrence Sullivan "Sul" Ross, John Nance Garner ("Cactus Jack"), James A. Baker III, Henry B. González, Kay Bailey Hutchison, Barbara Jordan, Raymond L. Telles, Sam Rayburn, and Raul A. Gonzalez Jr.(18) Culture. The student understands the concept of diversity within unity in Texas. The student is expected to:(A) explain how the diversity of Texas is reflected in a variety of cultural activities and celebrations;(B) describe how people from various racial, ethnic, and religious groups attempt to maintain their cultural heritage while adapting to the larger Texas culture;(C) identify examples of Spanish influence and the influence of other cultures on Texas such as place names, vocabulary, religion, architecture, food, and the arts; and(D) identify contributions to the arts by Texans such as Roy Bedichek, Diane Gonzales Bertrand, J. Frank Dobie, Scott Joplin, Elisabet Ney, Amado Peña Jr., Walter Prescott Webb, and Horton Foote.(19) Science, technology, and society. The student understands the impact of scientific discoveries and technological innovations on the political, economic, and social development of Texas. The student is expected to:(A) compare types and uses of technology, past and present;(B) identify Texas leaders in science and technology such as Walter Cunningham, Michael DeBakey, Denton Cooley, Benjy Brooks, Michael Dell, and Howard Hughes Sr.;(C) analyze the effects of various scientific discoveries and technological innovations on the development of Texas such as advancements in the agricultural, energy, medical, computer, and aerospace industries;(D) evaluate the effects of scientific discoveries and technological innovations on the use of resources such as fossil fuels, water, and land; and(E) analyze how scientific discoveries and technological innovations have resulted in an interdependence among Texas, the United States, and the world.(20) Social studies skills. The student applies critical-thinking skills to organize and use information acquired through established research methodologies from a variety of valid sources, including technology. The student is expected to:(A) differentiate between, locate, and use valid primary and secondary sources such as media and news services, biographies, interviews, and artifacts to acquire information about Texas;(B) analyze information by applying absolute and relative chronology through sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;(C) organize and interpret information from outlines, reports, databases, and visuals, including graphs, charts, timelines, and maps;(D) identify bias and points of view from the historical context surrounding an event that influenced the participants;(E) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning related to a social studies topic; and(F) evaluate a variety of historical and contemporary sources for validity, credibility, bias, and accuracy.(21) Social studies skills. The student uses geographic tools to collect, analyze, and interpret data. The student is expected to:(A) create and interpret thematic maps, graphs, and charts representing various aspects of Texas during the 19th, 20th, and 21st centuries; and(B) analyze and interpret geographic distributions and patterns in Texas during the 19th, 20th, and 21st centuries.(22) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) use effective written communication skills, including proper citations and avoiding plagiarism;(C) create written, oral, and visual presentations of social studies information; and(D) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(23) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) describe governmental and democratic processes such as voting, due process, and caucuses using simulations and models; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.19 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scB/s113.20"><num value="113.20">§113.20</num><heading>Social Studies, Grade 8, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) Introduction.(1) In Grade 8, students study the history of the United States from the early colonial period through Reconstruction. The knowledge and skills in subsection (c) of this section comprise the first part of a two-year study of U.S. history. The second part, comprising U.S. history from Reconstruction to the present, is provided in §113.41 of this title (relating to United States History Studies Since 1877 (One Credit), Beginning with School Year 2011-2012). The content in Grade 8 builds upon that from Grade 5 but provides more depth and breadth. Historical content focuses on the political, economic, religious, and social events and issues related to the colonial and revolutionary eras, the creation and ratification of the U.S. Constitution, challenges of the early republic, the Age of Jackson, westward expansion, sectionalism, Civil War, and Reconstruction. Students describe the physical characteristics of the United States and their impact on population distribution and settlement patterns in the past and present. Students analyze the various economic factors that influenced the development of colonial America and the early years of the republic and identify the origins of the free enterprise system. Students examine the American beliefs and principles, including limited government, checks and balances, federalism, separation of powers, and individual rights, reflected in the U.S. Constitution and other historical documents. Students evaluate the impact of Supreme Court cases and major reform movements of the 19th century and examine the rights and responsibilities of citizens of the United States as well as the importance of effective leadership in a constitutional republic. Students evaluate the impact of scientific discoveries and technological innovations on the development of the United States. Students use critical-thinking skills, including the identification of bias in written, oral, and visual material.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as the complete text of the U.S. Constitution and the Declaration of Independence, landmark cases of the U.S. Supreme Court, biographies, autobiographies, novels, speeches, letters, diaries, poetry, songs, and artworks is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands traditional historical points of reference in U.S. history through 1877. The student is expected to:(A) identify the major eras in U.S. history through 1877, including colonization, revolution, creation and ratification of the Constitution, early republic, the Age of Jackson, westward expansion, reform movements, sectionalism, Civil War, and Reconstruction, and describe their causes and effects; and(B) explain the significance of the following dates: 1607, founding of Jamestown; 1620, arrival of the Pilgrims and signing of the Mayflower Compact; 1776, adoption of the Declaration of Independence; 1787, writing of the U.S. Constitution; 1803, Louisiana Purchase; and 1861-1865, Civil War.(2) History. The student understands the causes of exploration and colonization eras. The student is expected to:(A) identify reasons for English, Spanish, and French exploration and colonization of North America; and(B) compare political, economic, religious, and social reasons for the establishment of the 13 English colonies.(3) History. The student understands the foundations of representative government in the United States. The student is expected to:(A) explain the reasons for the growth of representative government and institutions during the colonial period;(B) analyze the importance of the Mayflower Compact, the Fundamental Orders of Connecticut, and the Virginia House of Burgesses to the growth of representative government; and(C) describe how religion and virtue contributed to the growth of representative government in the American colonies.(4) History. The student understands significant political and economic issues of the revolutionary and Constitutional eras. The student is expected to:(A) analyze causes of the American Revolution, including the Proclamation of 1763, the Intolerable Acts, the Stamp Act, mercantilism, lack of representation in Parliament, and British economic policies following the French and Indian War;(B) explain the roles played by significant individuals during the American Revolution, including Abigail Adams, John Adams, Wentworth Cheswell, Samuel Adams, Mercy Otis Warren, James Armistead, Benjamin Franklin, Crispus Attucks, King George III, Patrick Henry, Thomas Jefferson, the Marquis de Lafayette, Thomas Paine, and George Washington;(C) explain the issues surrounding important events of the American Revolution, including declaring independence; fighting the battles of Lexington and Concord, Saratoga, and Yorktown; enduring the winter at Valley Forge; and signing the Treaty of Paris of 1783; and(D) analyze the issues of the Constitutional Convention of 1787, including the Great Compromise and the Three-Fifths Compromise.(5) History. The student understands the challenges confronted by the government and its leaders in the early years of the republic and the Age of Jackson. The student is expected to:(A) describe major domestic problems faced by the leaders of the new republic, including maintaining national security, creating a stable economic system, and setting up the court system;(B) explain the effects of the Fugitive Slave Act of 1793;(C) summarize arguments regarding protective tariffs, taxation, and the banking system;(D) explain the origin and development of American political parties;(E) explain the causes, important events, and effects of the War of 1812;(F) identify the foreign policies of presidents Washington through Monroe and explain the impact of Washington's Farewell Address and the Monroe Doctrine;(G) explain the impact of the election of Andrew Jackson, including expanded suffrage; and(H) analyze the reasons for the removal and resettlement of Cherokee Indians during the Jacksonian era, including the Indian Removal Act, Worcester v. Georgia, and the Trail of Tears.(6) History. The student understands westward expansion and its effects on the political, economic, and social development of the nation. The student is expected to:(A) explain how the Northwest Ordinance established principles and procedures for orderly expansion of the United States;(B) analyze the westward growth of the nation, including the Louisiana Purchase and Manifest Destiny; and(C) explain the causes and effects of the U.S.-Mexican War and their impact on the United States.(7) History. The student understands how political, economic, and social factors led to the growth of sectionalism and the Civil War. The student is expected to:(A) analyze the impact of tariff policies on sections of the United States before the Civil War;(B) compare the effects of political, economic, and social factors on slaves and free Blacks;(C) analyze the impact of the Fugitive Slave Act of 1850 on slavery, free Blacks, and abolitionists;(D) analyze the impact of slavery on different sections of the United States; and(E) identify the provisions and compare the effects of congressional conflicts and compromises prior to the Civil War, including the role of John Quincy Adams.(8) History. The student understands individuals, issues, and events of the Civil War. The student is expected to:(A) explain the roles played by significant individuals during the Civil War, including Jefferson Davis, Ulysses S. Grant, Robert E. Lee, and Abraham Lincoln, and heroes such as congressional Medal of Honor recipients William Carney and Philip Bazaar;(B) explain the central role of the expansion of slavery in causing sectionalism, disagreement over states' rights, and the Civil War;(C) explain significant events of the Civil War, including the firing on Fort Sumter; the battles of Antietam, Gettysburg, and Vicksburg; the Emancipation Proclamation; Lee's surrender at Appomattox Court House; and the assassination of Abraham Lincoln; and(D) analyze Abraham Lincoln's ideas about liberty, equality, union, and government as contained in his first and second inaugural addresses and the Gettysburg Address and contrast them with the ideas contained in Jefferson Davis's inaugural address.(9) History. The student understands the effects of Reconstruction on the political, economic, and social life of the nation. The student is expected to:(A) evaluate legislative reform programs of the Radical Reconstruction Congress and reconstructed state governments;(B) explain the impact of the election of African Americans from the South such as Hiram Rhodes Revels; and(C) explain the economic, political, and social problems during Reconstruction and evaluate their impact on different groups.(10) Geography. The student understands the location and characteristics of places and regions of the United States, past and present. The student is expected to:(A) locate places and regions directly related to major eras and turning points in the United States during the 17th, 18th, and 19th centuries;(B) compare places and regions of the United States in terms of physical and human characteristics; and(C) analyze the effects of physical and human geographic factors such as weather, landforms, waterways, transportation, and communication on major historical events in the United States.(11) Geography. The student understands the physical characteristics of North America and how humans adapted to and modified the environment through the mid-19th century. The student is expected to:(A) analyze how physical characteristics of the environment influenced population distribution, settlement patterns, and economic activities in the United States; and(B) describe the positive and negative consequences of human modification of the physical environment of the United States.(12) Economics. The student understands why various sections of the United States developed different patterns of economic activity through 1877. The student is expected to:(A) identify economic differences among different regions of the United States;(B) explain reasons for the development of the plantation system, the transatlantic slave trade, and the spread of slavery; and(C) analyze the causes and effects of economic differences among different regions of the United States at selected times.(13) Economics. The student understands how various economic forces resulted in the Industrial Revolution in the 19th century. The student is expected to:(A) analyze the economic effects of the War of 1812; and(B) identify the economic factors that brought about rapid industrialization and urbanization.(14) Economics. The student understands the origins and development of the free enterprise system in the United States. The student is expected to:(A) explain why a free enterprise system of economics developed in the new nation, including minimal government regulation, taxation, and property rights; and(B) describe the characteristics and the benefits of the U.S. free enterprise system through 1877.(15) Government. The student understands the American beliefs and principles reflected in the Declaration of Independence, the U.S. Constitution, and other important historic documents. The student is expected to:(A) identify the influence of ideas from historic documents, including the Magna Carta, the English Bill of Rights, the Mayflower Compact, and the Federalist Papers, on the U.S. system of government;(B) summarize the strengths and weaknesses of the Articles of Confederation;(C) identify colonial grievances listed in the Declaration of Independence and explain how those grievances were addressed in the U.S. Constitution and the Bill of Rights;(D) analyze how the U.S. Constitution reflects the principles of limited government, republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights; and(E) explain the role of significant individuals such as Thomas Hooker, Charles de Montesquieu, and John Locke in the development of self-government in colonial America.(16) Government. The student understands the purpose of changing the U.S. Constitution and the impact of amendments on American society. The student is expected to:(A) summarize the purposes for amending the U.S. Constitution; and(B) describe the impact of the 13th, 14th, and 15th amendments.(17) Government. The student understands the dynamic nature of the powers of the national government and state governments in a federal system. The student is expected to:(A) analyze the arguments of the Federalists and Anti-Federalists, including those of Alexander Hamilton, Patrick Henry, James Madison, and George Mason, and explain how their debates exemplify civil discourse; and(B) explain constitutional issues arising over the issue of states' rights, including the Nullification Crisis and the Civil War.(18) Government. The student understands the impact of landmark Supreme Court cases. The student is expected to:(A) identify the origin of judicial review;(B) summarize the issues, decisions, and significance of landmark Supreme Court cases, including Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden; and(C) evaluate the impact of the landmark Supreme Court decision Dred Scott v. Sandford on life in the United States.(19) Citizenship. The student understands the rights and responsibilities of citizens of the United States. The student is expected to:(A) define and give examples of unalienable rights;(B) summarize rights guaranteed in the Bill of Rights; and(C) identify examples of responsible citizenship, including obeying rules and laws, staying informed on public issues, voting, and serving on juries.(20) Citizenship. The student understands the importance of voluntary individual participation in the democratic process. The student is expected to:(A) evaluate the contributions of the Founding Fathers as models of civic virtue; and(B) analyze reasons for and the impact of selected examples of civil disobedience in U.S. history such as the Boston Tea Party and Henry David Thoreau's refusal to pay a tax.(21) Citizenship. The student understands the importance of the expression of different points of view in a constitutional republic. The student is expected to:(A) identify different points of view of political parties and interest groups on important historical issues;(B) describe the importance of free speech and press in a constitutional republic; and(C) summarize historical events in which compromise resulted in a resolution such as the Missouri Compromise, Compromise of 1850, and Kansas-Nebraska Act.(22) Citizenship. The student understands the importance of effective leadership in a constitutional republic. The student is expected to:(A) analyze the leadership qualities of elected and appointed leaders of the United States such as George Washington, John Marshall, and Abraham Lincoln; and(B) describe the contributions of significant political, social, and military leaders of the United States such as Frederick Douglass, John Paul Jones, Susan B. Anthony, and Elizabeth Cady Stanton.(23) Culture. The student understands the relationships between and among people from various groups, including racial, ethnic, and religious groups, during the 17th, 18th, and 19th centuries. The student is expected to:(A) identify racial, ethnic, and religious groups that settled in the United States and explain their reasons for immigration;(B) explain how urbanization contributed to conflicts resulting from differences in religion, social class, and political beliefs;(C) identify ways conflicts between people from various racial, ethnic, and religious groups were addressed;(D) analyze the contributions of people of various racial, ethnic, and religious groups to our national identity; and(E) identify the political, social, and economic contributions of women to American society.(24) Culture. The student understands the major reform movements of the 19th century. The student is expected to:(A) describe and evaluate the historical development of the abolition movement, including activities that focused attention on the moral ills of slavery; and(B) evaluate the impact of reform movements, including educational reform, temperance, the women's rights movement, prison reform, the labor reform movement, and care of the disabled.(25) Culture. The student understands the impact of religion on the American way of life. The student is expected to:(A) trace the development of religious freedom in the United States;(B) describe religious influences on social movements, including the impact of the first and second Great Awakenings; and(C) analyze the impact of the First Amendment guarantees of religious freedom on the American way of life.(26) Culture. The student understands the relationship between the arts and the times during which they were created. The student is expected to:(A) identify examples of American art, music, and literature that reflect society in different eras such as the Hudson River School artists, the "Battle Hymn of the Republic," and transcendental literature; and(B) analyze the relationship between the arts and continuity and change in the American way of life.(27) Science, technology, and society. The student understands the impact of science and technology on the economic development of the United States. The student is expected to:(A) explain the effects of technological and scientific innovations such as the steamboat, the cotton gin, the telegraph, and interchangeable parts;(B) analyze how technological innovations changed the way goods were manufactured and distributed, nationally and internationally; and(C) analyze how technological innovations brought about economic growth such as the development of the factory system and the construction of the Transcontinental Railroad.(28) Science, technology, and society. The student understands the impact of scientific discoveries and technological innovations on daily life in the United States. The student is expected to:(A) compare the effects of scientific discoveries and technological innovations that have influenced daily life in different periods in U.S. history; and(B) identify examples of how industrialization changed life in the United States.(29) Social studies skills. The student applies critical-thinking skills to organize and use information acquired through established research methodologies from a variety of valid sources, including technology. The student is expected to:(A) differentiate between, locate, and use valid primary and secondary sources such as media and news services, biographies, interviews, and artifacts to acquire information about the United States;(B) analyze information by applying absolute and relative chronology through sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;(C) organize and interpret information from outlines, reports, databases, and visuals, including graphs, charts, timelines, and maps;(D) identify bias and points of view created by the historical context surrounding an event;(E) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning related to a social studies topic;(F) evaluate a variety of historical and contemporary sources for validity, credibility, bias, and accuracy;(G) create a visual representation of historical information such as thematic maps, graphs, and charts representing various aspects of the United States; and(H) pose and answer questions about geographic distributions and patterns shown on maps, graphs, and charts.(30) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) use effective written communication skills, including proper citations and avoiding plagiarism;(C) create written, oral, and visual presentations of social studies information; and(D) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(31) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) describe governmental and democratic processes such as voting, due process, and caucuses using simulations and models; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.20 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c113/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.30"><num value="113.30">§113.30</num><heading>Implementation of Texas Essential Knowledge and Skills for Social Studies, High School</heading><content>(a) Implementation of the provisions of this subchapter begins with the effective date of the provision unless otherwise noted.(b) Implementation of the provisions of this subchapter adopted in 2018 begins with the 2019-2020 school year.</content><note type="source"><p>Source Note: The provisions of this §113.30 adopted to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.31"><num value="113.31">§113.31</num><heading>Economics with Emphasis on the Free Enterprise System and Its Benefits, High School (One-Half Credit), Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. This course will be taught in the social studies department and is recommended to be taught in Grade 12.(c) Introduction.(1) Economics with Emphasis on the Free Enterprise System and Its Benefits is the culmination of the economic content and concepts studied from Kindergarten through required secondary courses. The focus is on the basic principles concerning production, consumption, and distribution of goods and services (the problem of scarcity) in the United States and a comparison with those in other countries around the world. Students analyze the interaction of supply, demand, and price. Students will investigate the concepts of specialization and international trade, economic growth, key economic measurements, and monetary and fiscal policy. Students will study the roles of the Federal Reserve System and other financial institutions, government, and businesses in a free enterprise system. Types of business ownership and market structures are discussed. The course also incorporates instruction in personal financial literacy. Students apply critical-thinking skills using economic concepts to evaluate the costs and benefits of economic issues.(2) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(3) Economics with Emphasis on the Free Enterprise System and Its Benefits builds upon the foundation in economics and social studies laid by the social studies essential knowledge and skills in Kindergarten-Grade 12. The course will apply these skills to current economic situations. The content enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(4) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(5) As referenced in House Bill 492, an act of the Texas Legislature signed into law in 2005, the concepts of personal financial literacy are to be mastered by students in order that they may become self-supporting adults who can make informed decisions relating to personal financial matters. These concepts are incorporated into the student expectations of Economics with Emphasis on the Free Enterprise System and Its Benefits: understanding interest, avoiding and eliminating credit card debt; understanding the rights and responsibilities of renting or buying a home; managing money to make the transition from renting a home to home ownership; starting a small business; being a prudent investor in the stock market and using other investment options; beginning a savings program and planning for retirement; bankruptcy; types of bank accounts available to consumers and benefits of maintaining a bank account; balancing a checkbook; types of loans available to consumers and becoming a low-risk borrower; understanding insurance; and charitable giving.(6) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(7) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(d) Knowledge and skills.(1) Economics. The student understands the concepts of scarcity and opportunity costs. The student is expected to:(A) explain why scarcity and choice are basic economic problems faced by every society;(B) describe how societies answer the basic economic questions: what to produce, how to produce, and for whom to produce;(C) describe the economic factors of production: land, labor, capital, and entrepreneurship; and(D) interpret a production-possibilities curve and apply the concepts of opportunity costs and scarcity.(2) Economics. The student understands the interaction of supply, demand, and price. The student is expected to:(A) understand the effect of changes in price on the quantity demanded and quantity supplied;(B) identify the non-price determinants that create changes in supply and demand, which result in a new equilibrium price; and(C) interpret a supply-and-demand graph using supply-and-demand schedules.(3) Economics. The student understands the reasons for international trade and its importance to the United States and the global economy. The student is expected to:(A) apply the concepts of absolute and comparative advantages;(B) compare the effects of free trade and trade barriers on economic activities, including the benefits and costs of participating in international trade; and(C) analyze the effects of changes in exchange rates on imports and exports.(4) Economics. The student understands free enterprise, socialist, and communist economic systems. The student is expected to:(A) explain the basic characteristics of economic systems, including property rights, incentives, economic freedom, competition, and the role of government;(B) contrast current and historic examples of the free enterprise system, socialism, and communism using the basic characteristics of economic systems; and(C) analyze the contributions of various economic philosophers, including Friedrich Hayek, Milton Friedman, John Maynard Keynes, and Adam Smith, and their impact on the U.S. free enterprise system.(5) Economics. The student understands the basic characteristics and benefits of the U.S. free enterprise system. The student is expected to:(A) explain the benefits of the U.S. free enterprise system, including individual freedom of consumers and producers, variety of goods, responsive prices, investment opportunities, and the creation of wealth; and(B) analyze recent changes in the basic characteristics, including private property, incentives, economic freedom, competition, and the limited role of government, of the U.S. economy.(6) Economics. The student understands the right to own, use, and dispose of private property. The student is expected to:(A) analyze the costs and benefits of the purchase, use, or disposal of personal and business property; and(B) identify and evaluate examples of restrictions that the government places on the use of business and individual property.(7) Economics. The student understands the circular-flow model of the economy. The student is expected to:(A) interpret the roles of resource owners and firms in a circular-flow model of the economy and provide real-world examples to illustrate elements of the model; and(B) explain how government actions affect the circular-flow model.(8) Economics. The student understands types of market structures. The student is expected to:(A) describe characteristics and give examples of pure competition, monopolistic competition, oligopoly, and monopoly; and(B) identify regulations that apply to the establishment and operation of various types of market structures.(9) Economics. The student understands key economic measurements. The student is expected to:(A) interpret economic data, including unemployment rate, gross domestic product, gross domestic product per capita as a measure of national wealth, and rate of inflation; and(B) analyze business cycles using key economic indicators.(10) Economics. The student understands key components of economic growth. The student is expected to:(A) analyze how productivity relates to growth;(B) analyze how technology relates to growth; and(C) analyze how trade relates to growth.(11) Economics. The student understands the role of money in an economy. The student is expected to:(A) describe the functions of money;(B) describe the characteristics of money, including commodity money, fiat money, and representative money; and(C) analyze the positive and negative aspects of barter, currency, and debit cards.(12) Economics. The student understands the role of the Federal Reserve System in establishing monetary policy. The student is expected to:(A) explain the structure of the Federal Reserve System;(B) analyze the three basic tools used to implement U.S. monetary policy, including reserve requirements, the discount rate and the federal funds rate target, and open-market operations;(C) explain how the actions of the Federal Reserve System affect the nation's money supply; and(D) describe the current role of the U.S. dollar in trade in the world market and analyze how that has changed over time, in particular since departing from the gold standard in 1971.(13) Economics. The student understands the role that the government plays in the U.S. free enterprise system. The student is expected to:(A) describe the role of government in the U.S. free enterprise system and the changes in that role over time; and(B) analyze the costs and benefits of U.S. economic policies, rules, and regulations related to the economic goals of economic growth, stability, full employment, freedom, security, equity (equal opportunity versus equal outcome), and efficiency.(14) Economics. The student understands the economic impact of fiscal policy decisions at the local, state, and national levels. The student is expected to:(A) identify types of taxes at the local, state, and national levels and the economic importance of each;(B) explain the categories of revenues and expenditures in the U.S. federal budget; and(C) analyze the impact of fiscal policy decisions on the economy.(15) Personal financial literacy. The student understands types of business ownership. The student is expected to:(A) explain the characteristics of sole proprietorships, partnerships, and corporations; and(B) analyze the advantages and disadvantages of sole proprietorships, partnerships, and corporations.(16) Personal financial literacy. The student understands the role of financial markets/institutions in saving, borrowing, and capital formation. The student is expected to:(A) explain the functions of financial institutions and how they affect households and businesses;(B) explain how the amount of savings in an economy is the basis of capital formation;(C) analyze the role of interest and risk in allocating savings to its most productive use; and(D) examine the types of accounts available to consumers from financial institutions and the risks, monetary costs, and benefits of maintaining these accounts.(17) Personal financial literacy. The student understands the role of individuals in financial markets. The student is expected to:(A) assess ways to be a wise investor in the stock market and in other personal investment options such as developing a personal retirement plan;(B) explain how to begin a savings program;(C) demonstrate how to maintain a checking account, including reconciling a bank statement;(D) identify the types of loans available to consumers;(E) explain the responsibilities and obligations of borrowing money; and(F) develop strategies to become a low-risk borrower by improving and understanding one's personal credit score.(18) Personal financial literacy. The student applies critical-thinking skills to analyze the costs and benefits of personal financial decisions. The student is expected to:(A) examine ways to avoid and eliminate credit card debt;(B) evaluate the costs and benefits of declaring personal bankruptcy;(C) evaluate the costs and benefits of buying insurance; and(D) evaluate the costs and benefits of charitable giving.(19) Personal financial literacy. The student understands how to provide for basic needs while living within a budget. The student is expected to:(A) evaluate the costs and benefits of renting a home versus buying a home; and(B) assess the financial aspects of making the transition from renting to home ownership.(20) Personal financial literacy. The student understands the various methods available to pay for college and other postsecondary education and training. The student is expected to:(A) understand how to complete the Free Application for Federal Student Aid (FAFSA) provided by the United States Department of Education;(B) research and evaluate various scholarship opportunities such as those from state governments, schools, employers, individuals, private companies, nonprofits, and professional organizations;(C) analyze and compare student grant options;(D) analyze and compare student loan options, including private and federal loans; and(E) research and evaluate various work-study program opportunities.(21) Social studies skills. The student applies critical-thinking skills to organize and use information acquired through established research methodologies from a variety of valid sources, including technology. The student is expected to:(A) analyze economic information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;(B) create economic models, including production-possibilities curves, circular-flow charts, and supply-and-demand graphs, to analyze economic concepts or issues;(C) explain a point of view on an economic issue;(D) analyze and evaluate a variety of economic information from primary and secondary sources for validity, credibility, accuracy, bias, propaganda, point of view, and frame of reference;(E) evaluate economic data using charts, tables, graphs, and maps; and(F) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning for an intended audience and purpose.(22) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) create written, oral, and visual presentations of economic information using effective communication skills, including proper citations and avoiding plagiarism; and(C) apply foundational language skills to engage in civil discourse about economics topics, including those with multiple perspectives.(23) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.31 adopted to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.41"><num value="113.41">§113.41</num><heading>United States History Studies Since 1877 (One Credit), Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. Students shall be awarded one unit of credit for successful completion of this course.(c) Introduction.(1) In United States History Studies Since 1877, which is the second part of a two-year study that begins in Grade 8, students study the history of the United States from 1877 to the present. The course content is based on the founding documents of the U.S. government, which provide a framework for its heritage. Historical content focuses on the political, economic, and social events and issues related to industrialization and urbanization, major wars, domestic and foreign policies, and reform movements, including civil rights. Students examine the impact of geographic factors on major events and eras and analyze their causes and effects. Students examine the impact of constitutional issues on American society, evaluate the dynamic relationship of the three branches of the federal government, and analyze efforts to expand the democratic process. Students describe the relationship between the arts and popular culture and the times during which they were created. Students analyze the impact of technological innovations on American life. Students use critical-thinking skills and a variety of primary and secondary source material to explain and apply different methods that historians use to understand and interpret the past, including multiple points of view and historical context.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as biographies, autobiographies, landmark cases of the U.S. Supreme Court, novels, speeches, letters, diaries, poetry, songs, and artworks is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (d) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(d) Knowledge and skills.(1) History. The student understands the principles included in the Celebrate Freedom Week program. The student is expected to:(A) analyze and evaluate the text, intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights;(B) analyze and evaluate the application of these founding principles to historical events in U.S. history; and(C) explain the meaning and historical significance of the mottos "E Pluribus Unum" and "In God We Trust."(2) History. The student understands traditional historical points of reference in U.S. history from 1877 to the present. The student is expected to:(A) identify the major eras in U.S. history from 1877 to the present and describe their defining characteristics; and(B) explain the significance of the following years as turning points: 1898 (Spanish-American War), 1914-1918 (World War I), 1929 (the Great Depression begins), 1939-1945 (World War II), 1957 (Sputnik launch ignites U.S.-Soviet space race), 1968 (Martin Luther King Jr. assassination), 1969 (U.S. lands on the moon), 1991 (Cold War ends), 2001 (terrorist attacks on World Trade Center and the Pentagon), and 2008 (election of first black president, Barack Obama).(3) History. The student understands the political, economic, and social changes in the United States from 1877 to 1898. The student is expected to:(A) analyze political issues such as Indian policies, the growth of political machines, and civil service reform;(B) analyze economic issues such as industrialization, the growth of railroads, the growth of labor unions, farm issues, the cattle industry boom, the growth of entrepreneurship, and the pros and cons of big business; and(C) analyze social issues affecting women, minorities, children, immigrants, and urbanization.(4) History. The student understands the emergence of the United States as a world power between 1898 and 1920. The student is expected to:(A) explain why significant events, policies, and individuals, including the Spanish-American War, U.S. expansionism, Alfred Thayer Mahan, Theodore Roosevelt, and Sanford B. Dole moved the United States into the position of a world power;(B) evaluate American expansionism, including acquisitions such as Guam, Hawaii, the Philippines, and Puerto Rico;(C) identify the causes of World War I and reasons for U.S. entry;(D) understand the contributions of the American Expeditionary Forces (AEF) led by General John J. Pershing, including the Battle of Argonne Forest;(E) analyze the impact of machine guns, airplanes, tanks, poison gas, and trench warfare as significant technological innovations in World War I on the Western Front; and(F) analyze major issues raised by U.S. involvement in World War I, including isolationism, neutrality, Woodrow Wilson's Fourteen Points, and the Treaty of Versailles.(5) History. The student understands the effects of reform and third-party movements in the early 20th century. The student is expected to:(A) analyze the impact of Progressive Era reforms, including initiative, referendum, recall, and the passage of the 16th, 17th, 18th, and 19th amendments;(B) evaluate the impact of muckrakers and reform leaders such as Upton Sinclair, Susan B. Anthony, Jane Addams, Ida B. Wells, and W. E. B. DuBois on American society; and(C) analyze the impact of third parties, including the Populist and Progressive parties.(6) History. The student understands significant events, social issues, and individuals of the 1920s. The student is expected to:(A) analyze causes and effects of events and social issues such as immigration, Social Darwinism, the Scopes Trial, eugenics, race relations, nativism, the Red Scare, Prohibition, and the changing role of women; and(B) analyze the impact of significant individuals such as Henry Ford, Marcus Garvey, and Charles A. Lindbergh.(7) History. The student understands the domestic and international impact of U.S. participation in World War II. The student is expected to:(A) identify reasons for U.S. involvement in World War II, including the aggression of Italian, German, and Japanese dictatorships, especially the attack on Pearl Harbor;(B) evaluate the domestic and international leadership of Franklin D. Roosevelt and Harry Truman during World War II, including the U.S. relationship with its allies;(C) analyze major issues of World War II, including the Holocaust, the internment of Japanese Americans as a result of Executive Order 9066, and the development of atomic weapons;(D) analyze major military events of World War II, including fighting the war on multiple fronts, the Bataan Death March, the U.S. military advancement through the Pacific Islands, the Battle of Midway, the invasion of Normandy, and the liberation of concentration camps;(E) describe the military contributions of leaders during World War II, including Dwight Eisenhower, Douglas MacArthur, and Chester W. Nimitz;(F) explain issues affecting the home front, including volunteerism, the purchase of war bonds, and Victory Gardens and opportunities and obstacles for women and ethnic minorities; and(G) explain how American patriotism inspired high levels of military enlistment and the bravery and contributions of the Tuskegee Airmen, the Flying Tigers, and the Navajo Code Talkers.(8) History. The student understands the impact of significant national and international decisions and conflicts in the Cold War on the United States. The student is expected to:(A) describe U.S. responses to Soviet aggression after World War II, including the Truman Doctrine, the Marshall Plan, the Berlin Airlift, the North Atlantic Treaty Organization, and John F. Kennedy's role in the Cuban Missile Crisis;(B) describe how Cold War tensions were intensified by the House Un-American Activities Committee (HUAC), McCarthyism, the arms race, and the space race;(C) explain reasons and outcomes for U.S. involvement in the Korean War and its relationship to the containment policy;(D) explain reasons and outcomes for U.S. involvement in foreign countries and their relationship to the Domino Theory, including the Vietnam War;(E) analyze the major events of the Vietnam War, including the escalation of forces, the Tet Offensive, Vietnamization, and the fall of Saigon; and(F) describe the responses to the Vietnam War, including the draft, the 26th Amendment, the role of the media, the credibility gap, the silent majority, and the anti-war movement.(9) History. The student understands the impact of the American civil rights movement. The student is expected to:(A) trace the historical development of the civil rights movement from the late 1800s through the 21st century, including the 13th, 14th, 15th, and 19th amendments;(B) explain how Jim Crow laws and the Ku Klux Klan created obstacles to civil rights for minorities such as the suppression of voting;(C) describe the roles of political organizations that promoted African American, Chicano, American Indian, and women's civil rights;(D) identify the roles of significant leaders who supported various rights movements, including Martin Luther King Jr., Cesar Chavez, Dolores Huerta, Rosa Parks, and Betty Friedan;(E) compare and contrast the approach taken by the Black Panthers with the nonviolent approach of Martin Luther King Jr.;(F) discuss the impact of the writings of Martin Luther King Jr., including his "I Have a Dream" speech and "Letter from Birmingham Jail" on the civil rights movement;(G) describe presidential actions and congressional votes to address minority rights in the United States, including desegregation of the armed forces, the Civil Rights Act of 1964, and the Voting Rights Act of 1965;(H) explain how George Wallace, Orval Faubus, and the Congressional bloc of southern Democrats sought to maintain the status quo;(I) evaluate changes in the United States that have resulted from the civil rights movement, including increased participation of minorities in the political process; and(J) describe how Sweatt v. Painter and Brown v. Board of Education played a role in protecting the rights of the minority during the civil rights movement.(10) History. The student understands the impact of political, economic, and social factors in the U.S. from the 1970s through 1990. The student is expected to:(A) describe Richard M. Nixon's leadership in the normalization of relations with China and the policy of détente;(B) describe Ronald Reagan's leadership in domestic and international policies, including Reagan's economic policies and Peace Through Strength;(C) describe U.S. involvement in the Middle East such as support for Israel, the Camp David Accords, the Iran Hostage Crisis, Marines in Lebanon, and the Iran-Contra Affair;(D) describe the causes and key organizations of the conservative resurgence of the 1980s such as the Heritage Foundation and the Moral Majority; and(E) describe significant societal issues of this time period such as the War on Drugs and the AIDS epidemic.(11) History. The student understands the emerging political, economic, and social issues of the United States from the 1990s into the 21st century. The student is expected to:(A) describe U.S. involvement in world affairs, including the end of the Cold War, the Persian Gulf War, the events surrounding September 11, 2001, and the global War on Terror;(B) identify significant social and political issues such as health care, immigration, and education from different viewpoints across the political spectrum;(C) analyze the impact of third parties on the 1992 and 2000 presidential elections; and(D) identify the impact of international events, multinational corporations, government policies, and individuals on the 21st century economy.(12) Geography. The student understands the impact of geographic factors on major events. The student is expected to analyze the impact of physical and human geographic factors on the Klondike Gold Rush, the Panama Canal, the Dust Bowl, and the levee failure in New Orleans after Hurricane Katrina.(13) Geography. The student understands the causes and effects of migration and immigration on American society. The student is expected to:(A) analyze the causes and effects of changing demographic patterns resulting from migration within the United States, including western expansion, rural to urban, the Great Migration, and the Rust Belt to the Sun Belt; and(B) analyze the causes and effects of changing demographic patterns resulting from immigration to the United States.(14) Geography. The student understands the relationship between population growth and the physical environment. The student is expected to:(A) identify the effects of population growth and distribution on the physical environment; and(B) identify the roles of governmental entities and private citizens in managing the environment such as the establishment of the National Park System, the Environmental Protection Agency (EPA), and the Endangered Species Act.(15) Economics. The student understands domestic and foreign issues related to U.S. economic growth from the 1870s to 1920. The student is expected to:(A) describe how the economic impact of the Transcontinental Railroad and the Homestead Act contributed to the close of the frontier in the late 19th century;(B) describe the changing relationship between the federal government and private business, including the growth of free enterprise, costs and benefits of laissez-faire, Sherman Antitrust Act, Interstate Commerce Act, and Pure Food and Drug Act;(C) explain how foreign policies affected economic issues such as the Chinese Exclusion Act of 1882, the Open Door Policy, Dollar Diplomacy, and immigration quotas; and(D) describe the economic effects of international military conflicts, including the Spanish-American War and World War I, on the United States.(16) Economics. The student understands significant economic developments between World War I and World War II. The student is expected to:(A) analyze causes of economic growth and prosperity in the 1920s, including Warren Harding's Return to Normalcy, reduced taxes, and increased production efficiencies;(B) identify the causes of the Great Depression, including the impact of tariffs on world trade, stock market speculation, bank failures, and the monetary policy of the Federal Reserve System;(C) analyze the effects of the Great Depression on the U.S. economy and society such as widespread unemployment and deportation and repatriation of people of Mexican heritage;(D) compare the New Deal policies and its opponents' approaches to resolving the economic effects of the Great Depression; and(E) describe how various New Deal agencies and programs, including the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Social Security Administration, continue to affect the lives of U.S. citizens.(17) Economics. The student understands the economic effects of government policies from World War II through the present. The student is expected to:(A) describe the economic effects of World War II on the home front such as mobilization, the end of the Great Depression, rationing, and increased opportunity for women and minority employment;(B) identify the causes of prosperity in the 1950s, including the Baby Boom and the impact of the GI Bill (Servicemen's Readjustment Act of 1944), and the effects of prosperity in the 1950s such as increased consumption and the growth of agriculture and business;(C) describe the economic impact of defense spending on the business cycle and education priorities from 1945 to the 1990s;(D) identify the actions and outcomes of government policies intended to create economic opportunities for citizens such as the Great Society, affirmative action, and Title IX; and(E) describe the dynamic relationship between U.S. international trade policies and the U.S. free enterprise system such as the Organization of Petroleum Exporting Countries (OPEC) oil embargo, the General Agreement on Tariffs and Trade (GATT), and the North American Free Trade Agreement (NAFTA).(18) Government. The student understands changes over time in the role of government. The student is expected to:(A) evaluate the impact of New Deal legislation on the historical roles of state and federal government;(B) explain constitutional issues raised by federal government policy changes during times of significant events, including World War I, the Great Depression, World War II, the 1960s, and September 11, 2001;(C) describe the effects of political scandals, including Teapot Dome, Watergate, and Bill Clinton's impeachment, on the views of U.S. citizens concerning trust in the federal government and its leaders; and(D) describe the role of contemporary government legislation in the private and public sectors such as the Community Reinvestment Act of 1977, USA PATRIOT Act of 2001, and the American Recovery and Reinvestment Act of 2009.(19) Government. The student understands the changing relationships among the three branches of the federal government. The student is expected to:(A) describe the impact of events such as the Gulf of Tonkin Resolution and the War Powers Act on the relationship between the legislative and executive branches of government; and(B) evaluate the impact of relationships among the legislative, executive, and judicial branches of government, including Franklin D. Roosevelt's attempt to increase the number of U.S. Supreme Court justices and the presidential election of 2000.(20) Government. The student understands the impact of constitutional issues on American society. The student is expected to:(A) analyze the effects of landmark U.S. Supreme Court decisions, including Plessy v. Ferguson, Brown v. Board of Education, Hernandez v. Texas, Tinker v. Des Moines, and Wisconsin v. Yoder; and(B) explain why landmark constitutional amendments have been proposed and ratified from 1877 to the present.(21) Citizenship. The student understands the concept of American exceptionalism as identified by Alexis de Tocqueville. The student is expected to:(A) discuss values crucial to America's success as a constitutional republic, including liberty, egalitarianism, individualism, populism, and laissez-faire; and(B) describe how American values are different and unique from those of other nations.(22) Citizenship. The student understands the promises of the Declaration of Independence and the protections of the U.S. Constitution and the Bill of Rights. The student is expected to:(A) identify and analyze methods of expanding the right to participate in the democratic process, including lobbying, non-violent protesting, litigation, and amendments to the U.S. Constitution;(B) evaluate various means of achieving equality of political rights, including the 19th, 24th, and 26th amendments and congressional acts such as the American Indian Citizenship Act of 1924;(C) explain how participation in the democratic process reflects our national identity, patriotism, and civic responsibility; and(D) summarize the criteria and explain the process for becoming a naturalized citizen of the United States.(23) Citizenship. The student understands the importance of effective leadership in a constitutional republic. The student is expected to:(A) evaluate the contributions of significant political and social leaders in the United States such as Andrew Carnegie, Thurgood Marshall, Billy Graham, Sandra Day O'Connor, and Hillary Clinton; and(B) explain the importance of Congressional Medal of Honor recipients such as Army First Lieutenant Vernon J. Baker, Army Corporal Alvin York, and Army Master Sergeant Raul "Roy" Perez Benavidez.(24) Culture. The student understands the relationship between the arts and the times during which they were created. The student is expected to:(A) describe how the characteristics of and issues in U.S. history have been reflected in various genres of art, music, film, and literature;(B) describe the impacts of cultural movements in art, music, and literature such as Tin Pan Alley, the Harlem Renaissance, the Beat Generation, rock and roll, the Chicano Mural Movement, and country and western music on American society; and(C) identify and analyze the global diffusion of American culture through various media.(25) Culture. The student understands how people from various groups contribute to our national identity. The student is expected to:(A) explain actions taken by people to expand economic opportunities and political rights for racial, ethnic, gender, and religious groups in American society;(B) describe the Americanization movement to assimilate immigrants and American Indians into American culture;(C) explain how the contributions of people of various racial, ethnic, gender, and religious groups shape American culture; and(D) identify the contributions of women such as Rosa Parks, Eleanor Roosevelt, and Sonia Sotomayor to American society.(26) Science, technology, and society. The student understands the impact of science, technology, and the free enterprise system on the economic development of the United States. The student is expected to:(A) explain the effects of scientific discoveries and technological innovations such as electric power, telephone and satellite communications, petroleum-based products, steel production, and computers on the economic development of the United States;(B) explain how specific needs result in scientific discoveries and technological innovations in agriculture, the military, and medicine; and(C) describe the effect of technological innovations in the workplace such as assembly line manufacturing and robotics.(27) Science, technology, and society. The student understands the influence of scientific discoveries, technological innovations, and the free enterprise system on the standard of living in the United States. The student is expected to:(A) analyze how scientific discoveries, technological innovations, space exploration, and the application of these by the free enterprise system improve the standard of living in the United States, including changes in transportation and communication; and(B) describe how the free enterprise system drives technological innovation and its application in the marketplace such as cell phones, inexpensive personal computers, and global positioning products.(28) Social studies skills. The student understands how historians use historiography to interpret the past and applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) analyze primary and secondary sources such as maps, graphs, speeches, political cartoons, and artifacts to acquire information to answer historical questions;(B) analyze information by applying absolute and relative chronology through sequencing, categorizing, identifying cause-and-effect relationships, comparing and contrasting, finding the main idea, summarizing, making generalizations, making predictions, drawing inferences, and drawing conclusions;(C) apply the process of historical inquiry to research, interpret, and use multiple types of sources of evidence;(D) evaluate a variety of historical and contemporary sources for validity, credibility, bias, and accuracy;(E) identify bias and support with historical evidence a point of view on a social studies issue or event; and(F) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning for an intended audience and purpose.(29) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) create written, oral, and visual presentations of social studies information using effective communication skills, including proper citations and avoiding plagiarism;(B) use social studies terminology correctly; and(C) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(30) Social studies skills. The student uses geographic tools to collect, analyze, and interpret data. The student is expected to:(A) create a visual representation of historical information such as thematic maps, graphs, and charts; and(B) pose and answer questions about geographic distributions and patterns shown on maps, graphs, charts, and available databases.(31) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) explain governmental and democratic processes such as voting, due process, and caucuses using simulations and models; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.41 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.42"><num value="113.42">§113.42</num><heading>World History Studies (One Credit), Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. Students shall be awarded one unit of credit for successful completion of this course.(c) Introduction.(1) World History Studies is a survey of the history of humankind. Due to the expanse of world history and the time limitations of the school year, the scope of this course should focus on "essential" concepts and skills that can be applied to various eras, events, and people within the standards in subsection (d) of this section. The major emphasis is on the study of significant people, events, and issues from the earliest times to the present. Traditional historical points of reference in world history are identified as students analyze important events and issues in western civilization as well as in civilizations in other parts of the world. Students evaluate the causes and effects of political and economic imperialism and of major political revolutions since the 17th century. Students examine the impact of geographic factors on major historic events and identify the historic origins of contemporary economic systems. Students analyze the process by which constitutional governments evolved as well as the ideas from historic documents that influenced that process. Students trace the historical development of important legal and political concepts. Students examine the history and impact of major religious and philosophical traditions. Students analyze the connections between major developments in science and technology and the growth of industrial economies, and they use the process of historical inquiry to research, interpret, and use multiple sources of evidence.(2) The following periodization should serve as the framework for the organization of this course: 8000 BC-500 BC (Development of River Valley Civilizations); 500 BC-AD 600 (Classical Era); 600-1450 (Post-classical Era); 1450-1750 (Connecting Hemispheres); 1750-1914 (Age of Revolutions); and 1914-present (20th Century to the Present). Specific events and processes may transcend these chronological boundaries.(3) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as state papers, legal documents, charters, constitutions, biographies, autobiographies, speeches, letters, literature, music, art, and architecture is encouraged. Motivating resources are available from museums, art galleries, and historical sites.(4) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (d) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies.(5) A greater depth of understanding of complex content material can be attained by integrating social studies content and skills and by analyzing connections between and among historical periods and events. The list of events and people in this course curriculum should not be considered exhaustive. Additional examples can and should be incorporated. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(6) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(7) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation, as referenced in the Texas Education Code (TEC), §28.002(h).(8) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(9) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(10) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(d) Knowledge and skills.(1) History. The student understands traditional historical points of reference in world history. The student is expected to:(A) identify major causes and describe the major effects of the following events from 8000 BC to 500 BC: the development of agriculture and the development of the river valley civilizations;(B) identify major causes and describe the major effects of the following events from 500 BC to AD 600: the development of the classical civilizations of Greece, Rome, Persia, India (Maurya and Gupta), China (Zhou, Qin, and Han), and the development of major world religions;(C) identify major causes and describe the major effects of the following important turning points in world history from 600 to 1450: the spread of major world religions and their impact on Asia, Africa, and Europe and the Mongol invasions and their impact on Europe, China, India, and Southwest Asia;(D) identify major causes and describe the major effects of the following important turning points in world history from 1450 to 1750: the rise of the Ottoman Empire, the influence of the Ming dynasty on world trade, European exploration and the Columbian Exchange, European expansion, and the Renaissance and the Reformation;(E) identify major causes and describe the major effects of the following important turning points in world history from 1750 to 1914: the Scientific Revolution, the Industrial Revolution and its impact on the development of modern economic systems, European imperialism, and the Enlightenment's impact on political revolutions; and(F) identify major causes and describe the major effects of the following important turning points in world history from 1914 to the present: the world wars and their impact on political, economic, and social systems; communist revolutions and their impact on the Cold War; independence movements; and globalization.(2) History. The student understands how early civilizations developed from 8000 BC to 500 BC. The student is expected to:(A) summarize the impact of the development of farming (Neolithic Revolution) on the creation of river valley civilizations;(B) identify the characteristics of civilization; and(C) explain how major river valley civilizations influenced the development of the classical civilizations.(3) History. The student understands the contributions and influence of classical civilizations from 500 BC to AD 600 on subsequent civilizations. The student is expected to:(A) describe the major political, religious/philosophical, and cultural influences of Persia, India, China, Israel, Greece, and Rome;(B) explain the impact of the fall of Rome on Western Europe; and(C) compare the factors that led to the collapse of Rome and Han China.(4) History. The student understands how, after the collapse of classical empires, new political, economic, and social systems evolved and expanded from 600 to 1450. The student is expected to:(A) explain the development of Roman Catholicism and Eastern Orthodoxy as social and political factors in medieval Europe and the Byzantine Empire;(B) describe the major characteristics of and the factors contributing to the development of the political/social system of feudalism and the economic system of manorialism;(C) explain the political, economic, and social impact of Islam on Europe, Asia, and Africa;(D) describe the interactions among Muslim, Christian, and Jewish societies in Europe, Asia, and North Africa;(E) describe the interactions between Muslim and Hindu societies in South Asia;(F) explain how the Crusades, the Black Death, and the Hundred Years' War contributed to the end of medieval Europe;(G) summarize the major political, economic, and cultural developments in Tang and Song China and their impact on Eastern Asia;(H) explain the evolution and expansion of the slave trade;(I) analyze how the Silk Road and the African gold-salt trade facilitated the spread of ideas and trade; and(J) summarize the changes resulting from the Mongol invasions of Russia, China, and the Islamic world.(5) History. The student understands the causes, characteristics, and impact of the European Renaissance and the Reformation from 1450 to 1750. The student is expected to:(A) explain the political, intellectual, artistic, economic, and religious impact of the Renaissance; and(B) explain the political, intellectual, artistic, economic, and religious impact of the Reformation.(6) History. The student understands the characteristics and impact of the Maya, Inca, and Aztec civilizations. The student is expected to:(A) compare the major political, economic, social, and cultural developments of the Maya, Inca, and Aztec civilizations and explain how prior civilizations influenced their development; and(B) explain how the Inca and Aztec empires were impacted by European exploration/colonization.(7) History. The student understands the causes and impact of increased global interaction from 1450 to 1750. The student is expected to:(A) analyze the causes of European expansion from 1450 to 1750;(B) explain the impact of the Columbian Exchange;(C) explain the impact of the Atlantic slave trade on West Africa and the Americas;(D) explain the impact of the Ottoman Empire on Eastern Europe and global trade;(E) explain Ming China's impact on global trade; and(F) explain new economic factors and principles of Europe's Commercial Revolution.(8) History. The student understands the causes and the global impact of the Industrial Revolution and European imperialism from 1750 to 1914. The student is expected to:(A) explain how the Industrial Revolution led to political, economic, and social changes;(B) identify the major political, economic, and social motivations that influenced European imperialism;(C) explain the major characteristics and impact of European imperialism; and(D) explain the effects of free enterprise in the Industrial Revolution.(9) History. The student understands the causes and effects of major political revolutions between 1750 and 1914. The student is expected to:(A) compare the causes, characteristics, and consequences of the American and French revolutions, emphasizing the role of the Enlightenment;(B) explain the impact of Napoleon Bonaparte and the Napoleonic Wars on Europe and Latin America;(C) trace the influence of the American and French revolutions on Latin America, including the role of SimÃ³n Bolivar; and(D) identify the influence of ideas such as separation of powers, checks and balances, liberty, equality, democracy, popular sovereignty, human rights, constitutionalism, and nationalism on political revolutions.(10) History. The student understands the causes and impact of World War I. The student is expected to:(A) identify the importance of imperialism, nationalism, militarism, and the alliance system in causing World War I;(B) identify major characteristics of World War I, including total war, trench warfare, modern military technology, and high casualty rates;(C) explain the political and economic impact of the Treaty of Versailles, including changes in boundaries and the mandate system; and(D) identify the causes of the February (March) and October (November) revolutions of 1917 in Russia, their effects on the outcome of World War I, and the Bolshevik establishment of the Union of Soviet Socialist Republics.(11) History. The student understands the causes and impact of the global economic depression immediately following World War I. The student is expected to:(A) summarize the international, political, and economic causes of the global depression; and(B) explain the responses of governments to the global depression such as in the United States, Germany, Great Britain, and France.(12) History. The student understands the causes and impact of World War II. The student is expected to:(A) describe the emergence and characteristics of totalitarianism;(B) explain the roles of various world leaders, including Benito Mussolini, Adolf Hitler, Hideki Tojo, Joseph Stalin, Franklin D. Roosevelt, and Winston Churchill, prior to and during World War II; and(C) explain the major causes and events of World War II, including the German invasions of Poland and the Soviet Union, the Holocaust, the attack on Pearl Harbor, the Normandy landings, and the dropping of the atomic bombs.(13) History. The student understands the impact of major events associated with the Cold War and independence movements. The student is expected to:(A) summarize how the outcome of World War II contributed to the development of the Cold War;(B) summarize the factors that contributed to communism in China, including Mao Zedong's role in its rise;(C) identify major events of the Cold War, including the Korean War, the Vietnam War, and the arms race;(D) explain the roles of modern world leaders, including Ronald Reagan, Mikhail Gorbachev, Lech Walesa, and Pope John Paul II, in the collapse of communism in Eastern Europe and the Soviet Union;(E) summarize the rise of independence movements in Africa, the Middle East, and South Asia and reasons for ongoing conflicts; and(F) discuss factors contributing to the Arab-Israeli conflict, including the rejection of the existence of the state of Israel by the Arab League and a majority of Arab nations.(14) History. The student understands the development and use of radical Islamic terrorism in the second half of the 20th century and the early 21st century. The student is expected to:(A) explain the impact of geopolitical influences on the development of radical Islamic terrorism;(B) explain the impact of radical Islamic terrorism on global events; and(C) explain the U.S. response to the events surrounding September 11, 2001, and other acts of radical Islamic terrorism.(15) Geography. The student understands the impact of geographic factors on major historic events and processes. The student is expected to:(A) locate places and regions of historical significance directly related to major eras and turning points in world history;(B) analyze the influence of human and physical geographic factors on major events in world history such as the development of river valley civilizations, trade in the Indian Ocean, and the opening of the Panama and Suez canals; and(C) interpret maps, charts, and graphs to explain how geography has influenced people and events in the past.(16) Economics. The student understands the impact of the Neolithic and Industrial revolutions and globalization on humanity. The student is expected to:(A) identify important changes in human life caused by the Neolithic Revolution;(B) summarize the role of economics in driving political changes as related to the Industrial Revolution; and(C) describe the economic impact of globalization.(17) Economics. The student understands the historical origins of contemporary economic systems and the benefits of free enterprise in world history. The student is expected to:(A) identify the historical origins and characteristics of the free enterprise system, including the influence of Adam Smith;(B) identify the historical origins and characteristics of communism, including the influence of Karl Marx;(C) identify the historical origins and characteristics of socialism;(D) identify the historical origins and characteristics of fascism; and(E) explain why communist command economies collapsed in competition with free market economies at the end of the 20th century.(18) Government. The student understands the characteristics of major political systems throughout history. The student is expected to:(A) identify the characteristics of monarchies and theocracies as forms of government in early civilizations; and(B) identify the characteristics of the following political systems: theocracy, absolute monarchy, democracy, republic, oligarchy, limited monarchy, and totalitarianism.(19) Government. The student understands how contemporary political systems have developed from earlier systems of government. The student is expected to:(A) explain the development of democratic-republican government from its beginnings in Judeo-Christian legal tradition and classical Greece and Rome through the French Revolution;(B) identify the impact of political and legal ideas contained in the following documents: Hammurabi's Code, the Jewish Ten Commandments, Justinian's Code of Laws, Magna Carta, the English Bill of Rights, the Declaration of Independence, the U.S. Constitution, and the Declaration of the Rights of Man and of the Citizen;(C) explain the political philosophies of individuals such as John Locke, Thomas Hobbes, Voltaire, Charles de Montesquieu, Jean Jacques Rousseau, Thomas Aquinas, John Calvin, and William Blackstone; and(D) explain the significance of the League of Nations and the United Nations.(20) Citizenship. The student understands the significance of political choices and decisions made by individuals, groups, and nations throughout history. The student is expected to:(A) describe how people have participated in supporting or changing their governments;(B) describe the rights and responsibilities of citizens and noncitizens in civic participation throughout history; and(C) identify examples of key persons who were successful in shifting political thought, including William Wilberforce.(21) Citizenship. The student understands the historical development of significant legal and political concepts related to the rights and responsibilities of citizenship. The student is expected to:(A) summarize the development of the rule of law from ancient to modern times;(B) identify the origins of ideas regarding the right to a "trial by a jury of your peers" and the concepts of "innocent until proven guilty" and "equality before the law" from sources including the Judeo-Christian legal tradition and in Greece and Rome;(C) identify examples of politically motivated mass murders such as in Cambodia, China, Latin America, and the Soviet Union;(D) identify examples of genocide, including the Holocaust and genocide in Armenia, the Balkans, Rwanda, and Darfur;(E) identify examples of individuals who led resistance to political oppression such as Nelson Mandela, Mohandas Gandhi, Las Madres de la Plaza de Mayo, and Chinese student protestors in Tiananmen Square; and(F) identify examples of American ideals that have advanced human rights and democratic ideas throughout the world.(22) Culture. The student understands the history and relevance of major religious and philosophical traditions. The student is expected to:(A) describe the historical origins and central ideas in the development of monotheism;(B) describe the historical origins, central ideas, and spread of major religious and philosophical traditions, including Buddhism, Christianity, Confucianism, Hinduism, Islam, Judaism, and Sikhism; and(C) identify examples of religious influence on various events referenced in the major eras of world history.(23) Culture. The student understands the roles of women, children, and families in different historical cultures. The student is expected to:(A) describe the changing roles of women, children, and families during major eras of world history; and(B) describe the major influences of women during major eras of world history such as Elizabeth I, Queen Victoria, Mother Teresa, Indira Gandhi, Margaret Thatcher, and Golda Meir.(24) Culture. The student understands how the development of ideas has influenced institutions and societies. The student is expected to:(A) summarize the fundamental ideas and institutions of Eastern civilizations that originated in China and India;(B) summarize the fundamental ideas and institutions of Western civilizations that originated in Greece and Rome;(C) explain how the relationship between Christianity and Humanism that began with the Renaissance influenced subsequent political developments; and(D) explain how geopolitical and religious influences have impacted law and government in the Muslim world.(25) Culture. The student understands the relationship between the arts and the times during which they were created. The student is expected to:(A) analyze examples of how art, architecture, literature, music, and drama reflect the history of the cultures in which they are produced; and(B) describe examples of art, music, and literature that transcend the cultures in which they were created and convey universal themes.(26) Science, technology, and society. The student understands how major scientific and mathematical discoveries and technological innovations affected societies prior to 1750. The student is expected to:(A) identify the origin and diffusion of major ideas in mathematics, science, and technology that occurred in river valley civilizations, classical Greece and Rome, classical India, the Islamic caliphates between 700 and 1200, and China from the Tang to Ming dynasties;(B) summarize the major ideas in astronomy, mathematics, and architectural engineering that developed in the Maya, Inca, and Aztec civilizations;(C) explain the impact of the printing press on the Renaissance and the Reformation in Europe;(D) describe the origins of the Scientific Revolution in 16th century Europe and explain its impact on scientific thinking worldwide; and(E) identify the contributions of significant scientists such as Archimedes, Copernicus, Eratosthenes, Galileo, Pythagoras, Isaac Newton, and Robert Boyle.(27) Science, technology, and society. The student understands how major scientific and mathematical discoveries and technological innovations have affected societies from 1750 to the present. The student is expected to:(A) explain the role of textile manufacturing, steam technology, development of the factory system, and transportation technology in the Industrial Revolution;(B) explain the roles of military technology, transportation technology, communication technology, and medical advancements in initiating and advancing 19th century imperialism;(C) explain the effects of major new military technologies on World War I, World War II, and the Cold War;(D) explain the role of telecommunication technology, computer technology, transportation technology, and medical advancements in developing the modern global economy and society; and(E) identify the contributions of significant scientists and inventors such as Marie Curie, Thomas Edison, Albert Einstein, Louis Pasteur, and James Watt.(28) Social studies skills. The student understands how historians use historiography to interpret the past and applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) identify methods used by archaeologists, anthropologists, historians, and geographers to analyze evidence;(B) explain how historians analyze sources for frame of reference, historical context, and point of view to interpret historical events;(C) analyze primary and secondary sources to determine frame of reference, historical context, and point of view;(D) evaluate a variety of historical and contemporary sources for validity, credibility, bias, and accuracy;(E) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, drawing inferences and conclusions, and developing connections between historical events over time; and(F) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning for an intended audience and purpose.(29) Social studies skills. The student uses geographic skills and tools to collect, analyze, and interpret data. The student is expected to:(A) create and interpret thematic maps, graphs, and charts to demonstrate the relationship between geography and the historical development of a region or nation; and(B) analyze and compare geographic distributions and patterns in world history shown on maps, graphs, charts, and models.(30) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) use effective written communication skills, including proper citations and avoiding plagiarism;(C) interpret and create written, oral, and visual presentations of social studies information; and(D) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(31) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) explain governmental and democratic processes such as voting, due process, and caucuses using simulations and models; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.42 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.43"><num value="113.43">§113.43</num><heading>World Geography Studies (One Credit), Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. Students shall be awarded one unit of credit for successful completion of this course.(c) Introduction.(1) In World Geography Studies, students examine people, places, and environments at local, regional, national, and international scales from the spatial and ecological perspectives of geography. Students describe the influence of geography on events of the past and present with emphasis on contemporary issues. A significant portion of the course centers around the physical processes that shape patterns in the physical environment; the characteristics of major landforms, climates, and ecosystems and their interrelationships; the political, economic, and social processes that shape cultural patterns of regions; types and patterns of settlement; the distribution and movement of the world population; relationships among people, places, and environments; and the concept of region. Students analyze how location affects economic activities in different economic systems. Students identify the processes that influence political divisions of the planet and analyze how different points of view affect the development of public policies. Students compare how components of culture shape the characteristics of regions and analyze the impact of technology and human modifications on the physical environment. Students use problem-solving and decision-making skills to ask and answer geographic questions.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as contemporary and historic maps of various types, satellite-produced images, photographs, graphs, map sketches, and diagrams is encouraged.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (d) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(d) Knowledge and skills.(1) History. The student understands how geography and processes of spatial exchange (diffusion) influenced events in the past and helped to shape the present. The student is expected to:(A) analyze significant physical features and environmental conditions that have influenced the past and migration patterns and have shaped the distribution of culture groups today; and(B) trace the spatial diffusion of phenomena such as the Columbian Exchange or the diffusion of American popular culture and describe the effects on regions of contact.(2) History. The student understands how people, places, and environments have changed over time and the effects of these changes. The student is expected to:(A) describe the human and physical characteristics of the same regions at different periods of time to analyze relationships between past events and current conditions; and(B) explain how changes in societies such as population shifts, technological advancements, and environmental policies have led to diverse uses of physical features over time such as terrace farming, dams, and polders.(3) Geography. The student understands how physical processes shape patterns in the physical environment. The student is expected to:(A) explain weather conditions and climate in relation to annual changes in Earth-Sun relationships;(B) describe the physical processes that affect the environments of regions, including weather, tectonic forces, erosion, and soil-building processes; and(C) describe how physical processes such as hurricanes, El NiÃ±o, earthquakes, and volcanoes affect the lithosphere, atmosphere, hydrosphere, and biosphere.(4) Geography. The student understands the patterns and characteristics of major landforms, climates, and ecosystems of Earth and the interrelated processes that produce them. The student is expected to:(A) explain how elevation, latitude, wind systems, ocean currents, position on a continent, and mountain barriers influence temperature, precipitation, and distribution of climate regions;(B) describe different landforms such as plains, mountains, and islands and the physical processes that cause their development; and(C) explain the influence of climate on the distribution of biomes in different regions.(5) Geography. The student understands how political, economic, and social processes shape cultural patterns and characteristics in various places and regions. The student is expected to:(A) analyze how the character of a place is related to its political, economic, social, and cultural elements; and(B) interpret political, economic, social, and demographic indicators (gross domestic product per capita, life expectancy, literacy, and infant mortality) to determine the level of development and standard of living in nations using the levels as defined by the Human Development Index.(6) Geography. The student understands the types, patterns, and processes of settlement. The student is expected to:(A) locate and describe human and physical features that influence the size and distribution of settlements; and(B) explain the processes that have caused changes in settlement patterns, including urbanization, transportation, access to and availability of resources, and economic activities.(7) Geography. The student understands the growth, distribution, movement, and characteristics of world population. The student is expected to:(A) analyze population pyramids and use other data, graphics, and maps to describe the population characteristics of different societies and to predict future population trends;(B) explain how physical geography and push and pull forces, including political, economic, social, and environmental conditions, affect the routes and flows of human migration;(C) describe trends in world population growth and distribution; and(D) analyze how globalization affects connectivity, standard of living, pandemics, and loss of local culture.(8) Geography. The student understands how people, places, and environments are connected and interdependent. The student is expected to:(A) compare ways that humans depend on, adapt to, and modify the physical environment, including the influences of culture and technology;(B) analyze the consequences of extreme weather and other natural disasters such as El NiÃ±o, floods, tsunamis, and volcanoes on people and their environment; and(C) evaluate the economic and political relationships between settlements and the environment, including sustainable development and renewable/non-renewable resources.(9) Geography. The student understands the concept of region as an area of Earth's surface with related geographic characteristics. The student is expected to:(A) identify physical and/or human factors such as climate, vegetation, language, trade networks, political units, river systems, and religion that constitute a region; and(B) describe different types of regions, including formal, functional, and perceptual regions.(10) Economics. The student understands the distribution, characteristics, and interactions of the economic systems in the world. The student is expected to:(A) describe the forces that determine the distribution of goods and services in traditional, free enterprise, socialist, and communist economic systems;(B) classify countries along the economic spectrum between free enterprise and communism;(C) compare the ways people satisfy their basic needs through the production of goods and services such as subsistence agriculture versus commercial agriculture or cottage industries versus commercial industries; and(D) compare global trade patterns over time and analyze the implications of globalization, including outsourcing and free trade zones.(11) Economics. The student understands how geography influences economic activities. The student is expected to:(A) understand the connections between levels of development and economic activities (primary, secondary, tertiary, and quaternary);(B) identify the factors affecting the location of different types of economic activities, including subsistence and commercial agriculture, manufacturing, and service industries; and(C) assess how changes in climate, resources, and infrastructure (technology, transportation, and communication) affect the location and patterns of economic activities.(12) Economics. The student understands the economic importance of, and issues related to, the location and management of resources. The student is expected to:(A) analyze how the creation, distribution, and management of key natural resources affects the location and patterns of movement of products, money, and people; and(B) evaluate the geographic and economic impact of policies related to the development, use, and scarcity of natural resources such as regulations of water.(13) Government. The student understands the spatial characteristics of a variety of global political units. The student is expected to:(A) interpret maps to explain the division of land, including man-made and natural borders, into separate political units such as cities, states, or countries; and(B) compare maps of voting patterns and political boundaries to make inferences about the distribution of political power.(14) Government. The student understands the processes that influence political divisions, relationships, and policies. The student is expected to:(A) analyze current events to infer the physical and human processes that lead to the formation of boundaries and other political divisions;(B) compare how democracy, dictatorship, monarchy, republic, theocracy, and totalitarian systems operate in specific countries; and(C) analyze the human and physical factors that influence control of territories and resources, conflict/war, and international relations of sovereign nations such as China, the United States, Japan, and Russia and international organizations such as the United Nations (UN) and the European Union (EU).(15) Citizenship. The student understands how different points of view influence the development of public policies and decision-making processes at national and international levels. The student is expected to:(A) identify and give examples of different points of view that influence the development of public policies and decision-making processes at national and international levels; and(B) explain how citizenship practices, public policies, and decision making may be influenced by cultural beliefs, including nationalism and patriotism.(16) Culture. The student understands how the components of culture affect the way people live and shape the characteristics of regions. The student is expected to:(A) describe distinctive cultural patterns and landscapes associated with different places in Texas, the United States, and other regions of the world and how these patterns influenced the processes of innovation and diffusion;(B) describe elements of culture, including language, religion, beliefs, institutions, and technologies; and(C) describe life in a variety of urban and rural areas in the world to compare political, economic, social, and environmental changes.(17) Culture. The student understands the distribution, patterns, and characteristics of different cultures. The student is expected to:(A) describe and compare patterns of culture such as language, religion, land use, education, and customs that make specific regions of the world distinctive;(B) describe central ideas and spatial distribution of major religious traditions, including Buddhism, Christianity, Hinduism, Islam, Judaism, and Sikhism;(C) compare economic, political, or social opportunities in different cultures for underrepresented populations such as women and ethnic and religious minorities; and(D) evaluate the experiences and contributions of diverse groups to multicultural societies.(18) Culture. The student understands the ways in which cultures change and maintain continuity. The student is expected to:(A) analyze cultural changes in specific regions caused by migration, war, trade, innovations, and diffusion;(B) assess causes and effects of conflicts between groups of people, including modern genocides and terrorism;(C) identify examples of cultures that maintain traditional ways, including traditional economies; and(D) evaluate the spread of cultural traits to find examples of cultural convergence and divergence such as the spread of democratic ideas, language, foods, technology, or global sports.(19) Science, technology, and society. The student understands the impact of technology and human modifications on the physical environment. The student is expected to:(A) evaluate the significance of major technological innovations in the areas of transportation and energy that have been used to modify the physical environment;(B) analyze ways technological innovations such as air conditioning and desalinization have allowed humans to adapt to places; and(C) analyze the environmental, economic, and social impacts of advances in technology on agriculture and natural resources.(20) Science, technology, and society. The student understands how current technology affects human interaction. The student is expected to:(A) describe the impact of new information technologies such as the Internet, Global Positioning System (GPS), or Geographic Information Systems (GIS); and(B) examine the economic, environmental, and social effects of technology such as medical advancements or changing trade patterns on societies at different levels of development.(21) Social studies skills. The student applies critical-thinking skills to organize and use information acquired through established research methodologies from a variety of valid sources, including technology. The student is expected to:(A) analyze and evaluate a variety of sources of geographic information such as primary and secondary sources, aerial photographs, and maps for validity, utility, credibility, bias, and accuracy;(B) identify places of contemporary geopolitical significance on a map;(C) create and interpret different types of maps to answer geographic questions, infer relationships, and analyze change;(D) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, drawing inferences and conclusions, and developing connections over time;(E) identify different points of view about an issue or current topic; and(F) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning for an intended audience and purpose.(22) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) create appropriate graphics such as maps, diagrams, tables, and graphs to communicate geographic features, distributions, and relationships;(B) generate summaries, generalizations, and thesis statements supported by evidence;(C) use social studies terminology correctly;(D) create original work using effective written communication skills, including proper citations and understanding and avoiding plagiarism; and(E) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(23) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) explain governmental and democratic processes such as voting, due process, and caucuses using simulations and models;(B) plan, organize, and complete a research project that involves asking geographic questions; acquiring, organizing, and analyzing information; answering questions; and communicating results;(C) use case studies and GIS to identify contemporary challenges and to answer real-world questions; and(D) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.43 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.44"><num value="113.44">§113.44</num><heading>United States Government (One-Half Credit), Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course.(c) Introduction.(1) In United States Government, the focus is on the principles and beliefs upon which the United States was founded and on the structure, functions, and powers of government at the national, state, and local levels. This course is the culmination of the civic and governmental content and concepts studied from Kindergarten through required secondary courses. Students learn major political ideas and forms of government in history. A significant focus of the course is on the U.S. Constitution, its underlying principles and ideas, and the form of government it created. Students analyze major concepts of republicanism, federalism, checks and balances, separation of powers, popular sovereignty, and individual rights and compare the U.S. system of government with other political systems. Students identify the role of government in the U.S. free enterprise system and examine the strategic importance of places to the United States. Students analyze the impact of individuals, political parties, interest groups, and the media on the American political system, evaluate the importance of voluntary individual participation in a constitutional republic, and analyze the rights guaranteed by the U.S. Constitution. Students examine the relationship between governmental policies and the culture of the United States. Students identify examples of government policies that encourage scientific research and use critical-thinking skills to create a product on a contemporary government issue.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as the complete text of the U.S. Constitution, selected Federalist Papers, landmark cases of the U.S. Supreme Court (such as those studied in Grade 8 and U.S. History Since 1877), biographies, autobiographies, memoirs, speeches, letters, and periodicals that feature analyses of political issues and events is encouraged.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (d) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together. Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text from the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students discuss how and whether the actions of U.S. citizens and the local, state, and federal governments have achieved the ideals espoused in the founding documents.(d) Knowledge and skills.(1) History. The student understands how constitutional government, as developed in America and expressed in the Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to:(A) explain major political ideas in history, including the laws of nature and nature's God, unalienable rights, divine right of kings, social contract theory, and the rights of resistance to illegitimate government;(B) identify major intellectual, philosophical, political, and religious traditions that informed the American founding, including Judeo-Christian (especially biblical law), English common law and constitutionalism, Enlightenment, and republicanism, as they address issues of liberty, rights, and responsibilities of individuals;(C) identify the individuals whose principles of laws and government institutions informed the American founding documents, including those of Moses, William Blackstone, John Locke, and Charles de Montesquieu;(D) identify the contributions of the political philosophies of the Founding Fathers, including John Adams, Alexander Hamilton, Thomas Jefferson, James Madison, John Jay, George Mason, Roger Sherman, and James Wilson, on the development of the U.S. government;(E) analyze debates and compromises that impacted the creation of the founding documents; and(F) identify significant individuals in the field of government and politics, including George Washington, Thomas Jefferson, John Marshall, Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Ronald Reagan.(2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to:(A) describe the processes used by individuals, political parties, interest groups, or the media to affect public policy; and(B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present.(3) Geography. The student understands how geography can influence U.S. political districts and policies. The student is expected to:(A) explain how population shifts affect voting patterns;(B) examine political boundaries to make inferences regarding the distribution of political power; and(C) explain how political districts are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr.(4) Economics. The student understands the roles played by local, state, and national governments in both the public and private sectors of the U.S. free enterprise system. The student is expected to:(A) explain how government fiscal, and regulatory policies influence the economy at the local, state, and national levels;(B) compare the role of government in the U.S. free enterprise system and other economic systems; and(C) explain how government taxation, expenditures, and regulation can influence the U.S. economy and impact private enterprise.(5) Economics. The student understands the relationship between U.S. government policies and the economy. The student is expected to:(A) analyze how economic and natural resources influence U.S. foreign policy; and(B) describe the roles of the executive and legislative branches in setting international trade and fiscal policies.(6) Government. The student understands the American beliefs and principles reflected in the U.S. Constitution and why these are significant. The student is expected to:(A) explain the importance of a written constitution;(B) explain how the federal government serves the purposes set forth in the Preamble to the U.S. Constitution;(C) analyze how the Federalist Papers such as Number 10 and Number 51 explain the principles of the American constitutional system of government;(D) evaluate constitutional provisions for limiting the role of government, including republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights;(E) describe the constitutionally prescribed procedures by which the U.S. Constitution can be changed and analyze the role of the amendment process in a constitutional government; and(F) identify how the Declaration of Independence and the U.S. Constitution continue to shape American beliefs and principles in the United States today.(7) Government. The student understands the structure and functions of the government created by the U.S. Constitution. The student is expected to:(A) analyze the structure and functions of the legislative branch of government, including the bicameral structure of Congress, the role of committees, and the procedure for enacting laws;(B) analyze the structure and functions of the executive branch of government, including the constitutional powers of the president, the growth of presidential power, and the role of the Cabinet and executive departments;(C) analyze the structure and functions of the judicial branch of government, including the federal court system, types of jurisdiction, and judicial review;(D) identify the purpose of selected independent executive agencies, including the National Aeronautics and Space Administration (NASA), and regulatory commissions, including the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Food and Drug Administration (FDA), and Federal Communications Commission (FCC);(E) explain how provisions of the U.S. Constitution provide for checks and balances among the three branches of government;(F) analyze selected issues raised by judicial activism and judicial restraint;(G) explain the major responsibilities of the federal government for domestic and foreign policy such as national defense; and(H) compare the structures, functions, and processes of national, state, and local governments in the U.S. federal system.(8) Government. The student understands the concept of federalism. The student is expected to:(A) explain why the Founding Fathers created a distinctly new form of federalism and adopted a federal system of government instead of a unitary system;(B) categorize government powers as national, state, or shared;(C) analyze historical and contemporary conflicts over the respective roles of national and state governments; and(D) explain how the U.S. Constitution limits the power of national and state governments.(9) Government. The student understands the processes for filling public offices in the U.S. system of government. The student is expected to:(A) identify different methods of filling public offices, including elected and appointed offices at the local, state, and national levels;(B) explain the process of electing the president of the United States and analyze the Electoral College; and(C) analyze the impact of the passage of the 17th Amendment.(10) Government. The student understands the role of political parties in the U.S. system of government. The student is expected to:(A) analyze the functions of political parties and their role in the electoral process at local, state, and national levels; and(B) explain the two-party system and evaluate the role of third parties in the United States.(11) Government. The student understands the similarities and differences that exist among the U.S. system of government and other political systems. The student is expected to:(A) compare the U.S. constitutional republic to historical and contemporary forms of government such as monarchy, a classical republic, authoritarian, socialist, direct democracy, theocracy, tribal, and other republics; and(B) analyze advantages and disadvantages of presidential and parliamentary systems of government.(12) Citizenship. The student understands the rights that are protected and secured by the U.S. Constitution and Bill of Rights. The student is expected to:(A) explain the roles of limited government and the rule of law in the protection of individual rights;(B) identify and define the unalienable rights;(C) identify the freedoms and rights protected and secured by each amendment in the Bill of Rights;(D) analyze the reasons the Founding Fathers protected religious freedom in America and guaranteed its free exercise by saying that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," and compare this to the concept of separation of church and state;(E) analyze U.S. Supreme Court interpretations of rights guaranteed by the U.S. Constitution in selected cases, including Engel v. Vitale, Schenck v. United States, Texas v. Johnson, Miranda v. Arizona, Gideon v. Wainwright, Mapp v. Ohio, and Roe v. Wade;(F) explain the importance of due process rights to the protection of individual rights and in limiting the powers of government; and(G) recall the conditions that produced the 14th Amendment and describe subsequent efforts to selectively extend some of the Bill of Rights to the states through U.S. Supreme Court rulings and analyze the impact on the scope of fundamental rights and federalism.(13) Citizenship. The student understands the difference between personal and civic responsibilities. The student is expected to:(A) describe scenarios where good citizenship may require the subordination of personal desire for the sake of the public good;(B) explain the responsibilities, duties, and obligations of citizenship such as being well informed about civic affairs, serving in the military, voting, serving on a jury, observing the laws, paying taxes, and serving the public good; and(C) describe the voter registration process and the criteria for voting in elections.(14) Citizenship. The student understands the importance of voluntary individual participation in the U.S. constitutional republic. The student is expected to:(A) analyze the effectiveness of various methods of participation in the political process at local, state, and national levels;(B) analyze historical and contemporary examples of citizen movements to bring about political change or to maintain continuity; and(C) describe the factors that influence an individual's political attitudes and actions.(15) Citizenship. The student understands the importance of the expression of different points of view in a constitutional republic. The student is expected to:(A) analyze different points of view of political parties and interest groups such as the League of United Latin American Citizens (LULAC), the National Rifle Association (NRA), and the National Association for the Advancement of Colored People (NAACP) on important contemporary issues; and(B) analyze the importance of the First Amendment rights of petition, assembly, speech, and press and the Second Amendment right to keep and bear arms.(16) Culture. The student understands the relationship between government policies and the culture of the United States. The student is expected to:(A) evaluate a U.S. government policy or court decision that has affected a particular racial, ethnic, or religious group, including the Civil Rights Act of 1964 and the U.S. Supreme Court cases of Hernandez v. Texas and Grutter v. Bollinger; and(B) explain changes in American culture brought about by government policies such as voting rights, the Servicemen's Readjustment Act of 1944 (GI Bill of Rights), the Immigration and Nationality Act of 1965, the Immigration Reform and Control Act of 1986, affirmative action, and racial integration.(17) Science, technology, and society. The student understands the role the government plays in developing policies and establishing conditions that influence scientific discoveries and technological innovations. The student is expected to:(A) explain how U.S. constitutional protections such as patents have fostered competition and entrepreneurship; and(B) identify examples of government-assisted research that, when shared with the private sector, have resulted in improved consumer products such as computer and communication technologies.(18) Science, technology, and society. The student understands the impact of advances in science and technology on government. The student is expected to:(A) describe the potential impact of recent scientific discoveries and technological innovations on government policy; and(B) evaluate the impact of the Internet and other electronic information on the political process.(19) Social studies skills. The student applies critical-thinking skills to organize and use information acquired through established research methodologies from a variety of valid sources, including technology. The student is expected to:(A) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;(B) create a product on a contemporary government issue or topic using critical methods of inquiry;(C) analyze and defend a point of view on a current political issue;(D) analyze and evaluate a variety of historical and contemporary sources for validity of information, arguments, counterarguments, credibility, accuracy, bias, propaganda, point of view, and frame of reference;(E) evaluate government data using charts, tables, graphs, and maps; and(F) formulate and communicate visually, orally, or in writing a claim supported by evidence and reasoning for an intended audience and purpose.(20) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use social studies terminology correctly;(B) create written, oral, and visual presentations of social studies information using effective communication skills, including proper citations and avoiding plagiarism; and(C) apply foundational language skills to engage in civil discourse about social studies topics, including those with multiple perspectives.(21) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to:(A) explain governmental and democratic processes such as voting, due process, and caucuses using simulations and models; and(B) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.44 adopted to be effective August 23, 2010, 35 TexReg 7232; amended to be effective August 1, 2019, 44 TexReg 1988; amended to be effective August 1, 2024, 48 TexReg 842.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.45"><num value="113.45">§113.45</num><heading>Psychology (One-Half Credit), Beginning with School Year 2011-2012</heading><content>(a) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course.(b) Introduction.(1) In Psychology, an elective course, students study the science of behavior and mental processes. Students examine the full scope of the science of psychology such as the historical framework, methodologies, human development, motivation, emotion, sensation, perception, personality development, cognition, learning, intelligence, biological foundations, mental health, and social psychology.(2) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(3) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(4) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the Texas Education Code, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(5) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents.(c) Knowledge and skills.(1) History. The student understands the development of the field of psychology. The student is expected to:(A) identify characteristics that differentiate the field of psychology from other related social sciences;(B) trace the historical development of the contemporary perspectives in psychology, including biological, behavioral, cognitive, sociocultural, humanistic, and psychodynamic; and(C) explore subfields and career opportunities available in the science of psychology.(2) Science of psychology. The student differentiates the processes of theory development and validation. The student is expected to:(A) define and differentiate the concepts of theory and principle;(B) identify and describe the basic methods of social scientific reasoning;(C) apply the standards of the American Psychological Association (APA) for ethical decision making regarding the collection, storage, and use of psychological data; and(D) define and interpret measures of central tendency (mean, median, and mode) and dispersion (range and standard deviation).(3) Science of psychology. The student understands the relationship between biology and behavior. The student is expected to:(A) describe the anatomy of the central and peripheral nervous systems and the endocrine system; and(B) explain the effects of the endocrine and nervous systems on development and behavior.(4) Science of psychology. The student understands how sensations and perceptions influence cognition and behavior. The student is expected to:(A) explain the capabilities and limitations of sensory systems and individual perceptions; and(B) understand the interaction of the individual and the environment in determining sensation and perception.(5) Individual development. The student understands that development is a life-long process. The student is expected to:(A) critique the various perspectives presented in the nature versus nurture debate;(B) trace the influence of physical development on the individual;(C) discuss the role of the caregiver on individual development;(D) explain factors involved in cognitive development according to Jean Piaget;(E) describe Erik Erikson's stages of psychosocial development;(F) evaluate the predicted outcomes of given courses of actions in particular situations based on an understanding of the development of morality; and(G) evaluate the presented theories of human development and specify the strengths and weaknesses of each.(6) Individual development. The student understands behavioral and social learning theories. The student is expected to:(A) demonstrate an understanding of the principles of operant and classical conditioning and of social learning; and(B) describe the processes of learning using typical classroom situations.(7) Individual identity. The student understands the principles of motivation and emotion. The student is expected to:(A) compare predominant theories of motivation and emotion; and(B) explore the interaction of biological and cultural factors in emotion and motivation.(8) Individual identity. The student understands the nature of intelligence. The student is expected to differentiate the various types of intelligence.(9) Individual identity. The student understands the basic principles of tests and measurements. The student is expected to:(A) describe statistical concepts used in testing; and(B) differentiate among aptitude, achievement, and Intelligence Quotient (IQ) tests.(10) Individual identity. The student understands the development and assessment of personality. The student is expected to:(A) define personality;(B) compare and evaluate various theories of personality, including psychodynamic, trait, humanistic, and sociocultural; and(C) describe personality assessment tools.(11) Individual experience. The student understands basic elements of cognition. The student is expected to:(A) define and identify the basic elements of thought;(B) identify strategies and obstacles associated with problem solving and decision making;(C) explore the structural features of language;(D) discuss theories of language acquisition and development;(E) evaluate the limitations and capabilities of the information processing model; and(F) understand the states and levels of consciousness.(12) Individual experience. The student understands the multifaceted aspects of mental health. The student is expected to:(A) explain stress and the individual's physiological, behavioral, and psychological responses to stressors;(B) evaluate cognitive and behavioral strategies for dealing with stress;(C) analyze the challenges inherent in defining abnormal behavior and acknowledge the sociocultural stigma of labeling behavior as abnormal;(D) recognize the biological, social, and cognitive origins of abnormal behavior;(E) discuss major categories of abnormal behaviors and identify their respective characteristics as classified in the Diagnostic and Statistical Manual (DSM); and(F) evaluate the effectiveness of past and present methods of therapy.(13) The individual in society. The student will understand the influence of society and culture on behavior and cognition. The student is expected to:(A) describe how attributions affect explanations of behavior;(B) explore the nature and effects of bias and discrimination;(C) describe circumstances in which conformity and obedience are likely to occur;(D) describe the effects of the presence of others on individual behavior;(E) discuss the nature of altruism;(F) discuss the factors influencing attraction; and(G) identify sources of attitude formation and assess methods used to influence attitudes.(14) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to:(A) create a product on a contemporary psychology-related issue or topic using critical methods of inquiry;(B) draw and evaluate conclusions from qualitative information;(C) apply evaluation rules to quantitative information; and(D) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions.(15) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use psychology-related terminology correctly;(B) use standard grammar, spelling, sentence structure, and punctuation;(C) transfer information from one medium to another, including written to visual and written or visual to statistical, using computer software as appropriate; and(D) create written, oral, and visual presentations of social studies information.(16) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others, in a variety of settings. The student is expected to:(A) use a problem-solving process to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution;(B) use a decision-making process to identify a situation that requires a decision, gather information, identify options, predict consequences, and take action to implement a decision; and(C) participate in conflict resolution using persuasion, compromise, debate, and negotiation.(17) Social studies skills. The student develops long-term and short-term goal-setting skills for individual and community problem solving. The student is expected to:(A) illustrate the relationship and sequence between intermediate goals and terminal goals; and(B) monitor and evaluate self-directed inquiry or projects for timelines, accuracy, and goal attainment.(18) Science and technology. The student understands the relationship of changes in technology to personal growth and development. The student is expected to:(A) analyze examples of attitudes, beliefs, and behaviors related to changes in available technology; and(B) evaluate the impact of changes in technology on personal growth and development.</content><note type="source"><p>Source Note: The provisions of this §113.45 adopted to be effective August 23, 2010, 35 TexReg 7232.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.46"><num value="113.46">§113.46</num><heading>Sociology (One-Half Credit), Beginning with School Year 2011-2012</heading><content>(a) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course.(b) Introduction.(1) Sociology, an elective course, is an introductory study in social behavior and organization of human society. This course will describe the development of the field as a social science by identifying methods and strategies of research leading to an understanding of how the individual relates to society and the ever changing world. Students will also learn the importance and role of culture, social structure, socialization, and social change in today's society.(2) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(3) Students identify the role of the free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(4) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(5) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the Texas Education Code, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(6) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents.(c) Knowledge and skills.(1) Foundations of sociology. The student understands the theoretical perspectives of the historical interpretations of human social development. The student is expected to:(A) describe the development of the field of sociology;(B) identify leading sociologists in the field of social science, including Auguste Comte, Emile Durkheim, Herbert Spencer, Max Weber, and Karl Marx, and interpret their contributions to the foundation of sociology; and(C) identify sociologists such as W. E. B. DuBois, Booker T. Washington, Robert E. Park, Harriet Martineau, Jane Addams, Robert Nisbet, and Julian Samora and interpret their contributions to the field.(2) Foundations of sociology. The student understands how society evolves and cause and effect of social and institutional change. The student is expected to:(A) differentiate types of societies such as hunting and gathering, agrarian, pastoral, industrial, and post-industrial;(B) identify and describe the types of societies that exist in the world today;(C) examine changes in U.S. institutions and society resulting from industrialization, urbanization, and immigrant assimilation; and(D) analyze information about cultural life in the United States and other countries over time.(3) Culture and social structure. The student examines world cultures. The student is expected to:(A) identify the elements of culture to include language, symbols, norms, and values;(B) explain how the elements of culture form a whole culture; and(C) give examples of subcultures and describe what makes them unique.(4) Culture and social structure. The student understands types of groups and their functions. The student is expected to:(A) describe models of primary, secondary, formal, informal, and reference groups and e-communities; and(B) analyze groups in terms of membership roles, status, values, mores, role conflicts, and methods of resolution.(5) Culture and social structure. The student differentiates and recognizes examples of subculture and counterculture. The student is expected to:(A) compare cultural norms such as ethnicity, national origin, age, socioeconomic status, and gender among various U.S. subculture groups;(B) describe stereotypes of various U.S. subcultures;(C) analyze social problems in selected U.S. subcultures; and(D) examine counterculture movements and analyze their impact on society as a whole.(6) Individual and society. The student understands the process of socialization. The student is expected to:(A) define socialization and describe how the process of socialization is culturally determined;(B) differentiate the agents of socialization and evaluate their functions and roles; and(C) trace socialization as a lifelong process.(7) Individual and society. The student understands the concept of adolescence and its characteristics. The student is expected to:(A) explain how education, exclusion from the labor force, and the juvenile justice system led to the development of adolescence as a distinct stage of the life cycle;(B) identify and interpret the five characteristics of adolescence: biological growth and development, an undefined status, increased decision making, increased pressures, and the search for self;(C) identify issues and concerns facing contemporary adolescents such as dating, dating violence, sexuality, teen parenting, drug use, suicide, and eating disorders; and(D) identify and discuss the skills adolescents need to make responsible life choices.(8) Individual and society. The student understands the life stage of adulthood and its characteristics. The student is expected to:(A) identify the stages of adult development and compare the differences between male and female development;(B) analyze the traditional roles of work and how the composition of the labor force has changed in the United States; and(C) analyze the characteristics of late adulthood and changes on the individual and society such as retirement, physical and mental functioning, dependency on others, and death.(9) Individual and society. The student will explain the nature and social function of deviance. The student is expected to:(A) compare theories of deviance such as the functionalist, conflict, and interactionist perspectives;(B) interpret differences in crime and arrest rates by social categories such as ethnicity, gender, socioeconomic status, and age, including cross-reference with the National Crime Victimization Survey; and(C) analyze the criminal justice system in the United States in relation to deviant behavior.(10) Social inequality. The student understands the nature of social stratification in society. The student is expected to:(A) analyze the characteristics and components of caste and class systems and social mobility and how motivation affects each;(B) define poverty and its components and analyze poverty's impact on the individual and society;(C) contrast theories of social stratification; and(D) recognize and examine global stratification and inequality.(11) Social inequality. The student understands the impact of race and ethnicity on society. The student is expected to:(A) define race and ethnicity and differentiate among the distinguishing characteristics of minority groups;(B) contrast the terms discrimination, prejudice, and bias;(C) discuss the ramifications of stereotyping;(D) analyze the varying treatment patterns of minority groups such as African American, Asian American, Hispanic American, and American Indian; and(E) explain instances of institutional racism in American society.(12) Social inequality. The student understands changing societal views on gender, age, and health. The student is expected to:(A) analyze how gender roles affect the opportunities available to men and women in society;(B) analyze the effects of an aging society;(C) compare the nature of health care in a global society; and(D) evaluate the nature of health care in different segments of American society.(13) Social institutions. The student identifies the basic social institution of the family and explains its influences on society. The student is expected to:(A) define the functions and rituals of the family and how the family has changed over time;(B) define family systems and patterns;(C) analyze the trends in American society regarding family life and the needs that the institution of family satisfies; and(D) analyze ways in which family life can be disrupted.(14) Social institutions. The student identifies the basic social institutions of economics and politics and explains their influence on society. The student is expected to:(A) define and differentiate between the economic models of free enterprise and socialism and how they impact society;(B) define and differentiate among different types of government and discuss the legitimacy of those in power and the impact of each on its citizens; and(C) trace the changes in ideas about citizenship and participation of different groups through time.(15) Social institutions. The student identifies the basic social institutions of education and religion and explains their influence on society. The student is expected to:(A) explain functionalist, conflict, and interactionist theories of education;(B) argue and defend some current issues in American education;(C) examine religion from the sociological point of view;(D) analyze the functions of society and the basic societal needs that religion serves; and(E) compare and contrast distinctive features of religion in the United States with religion in other societies.(16) Social institutions. The student understands the basic social institutions of science and the mass media and their influence on society. The student is expected to:(A) identify factors that have contributed to the institutionalization of science, explain the norms of scientific research, and explain how these norms differ from the realities of scientific research;(B) trace major developments in the history of mass media and identify the types of mass media in the United States;(C) explain the differences between the functionalist and conflict perspectives of mass media; and(D) examine contemporary mass media issues.(17) Changing world. The student understands how population and urbanization contribute to a changing social world. The student is expected to:(A) describe the study of demography, the basic demographic concepts, and changes in settlement patterns on society; and(B) explain and critique various theories of population growth and its impact on society.(18) Changing world. The student understands how collective behavior, social movements, and modernization contribute to a changing social world. The student is expected to:(A) compare and contrast various types of collective behavior and social movements and how they affect society;(B) discuss theories that have been developed to explain collective behavior and social movements; and(C) illustrate three social processes that contribute to social change and discuss and evaluate how technology, population, natural environment, revolution, and war cause cultures to change.(19) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to:(A) create a product on a contemporary sociological issue or topic using critical methods of inquiry;(B) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions; and(C) use appropriate mathematical skills to interpret sociological information.(20) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) use sociology-related terminology correctly;(B) use standard grammar, spelling, sentence structure, and punctuation;(C) transfer information from one medium to another, including written to visual and written or visual to statistical, using computer software as appropriate; and(D) create written, oral, and visual presentations of social studies information.(21) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others, in a variety of settings. The student is expected to:(A) use a problem-solving process to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution;(B) use a decision-making process to identify a situation that requires a decision, gather information, identify options, predict consequences, and take action to implement a decision; and(C) participate in conflict resolution using persuasion, compromise, debate, and negotiation.</content><note type="source"><p>Source Note: The provisions of this §113.46 adopted to be effective August 23, 2010, 35 TexReg 7232.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.47"><num value="113.47">§113.47</num><heading>Special Topics in Social Studies (One-Half Credit), Beginning with School Year 2011-2012</heading><content>(a) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course. Students may take this course with different course content for a maximum of two credits. (b) Introduction. (1) In Special Topics in Social Studies, an elective course, students are provided the opportunity to develop a greater understanding of the historic, political, economic, geographic, multicultural, and social forces that have shaped their lives and the world in which they live. Students will use social science knowledge and skills to engage in rational and logical analysis of complex problems using a variety of approaches, while recognizing and appreciating diverse human perspectives. (2) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (3) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution. (4) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week. (A) Each social studies class shall include, during Celebrate Freedom Week as provided under the Texas Education Code, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement. (B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed." (5) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents. (c) Knowledge and skills. (1) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others, in a variety of settings. The student is expected to: (A) apply social studies methodologies encompassing a variety of research and analytical tools to explore questions or issues thoroughly and fairly to include multiple perspectives; (B) evaluate effects of major political, economic, and social conditions on a selected social studies topic; (C) appraise a geographic perspective that considers physical and cultural processes as they affect the selected topic; (D) examine the role of diverse communities in the context of the selected topic; (E) analyze ethical issues raised by the selected topic in historic, cultural, and social contexts; (F) depending on the topic, use a problem-solving process to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution; and (G) depending on the topic, use a decision-making process to identify a situation that requires a decision, gather information, identify options, predict consequences, and take action to implement a decision. (2) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to: (A) locate, analyze, organize, synthesize, evaluate, and apply information about the selected topic, identifying, describing, and evaluating multiple points of view; (B) differentiate between valid primary and secondary sources and use them appropriately to conduct research and construct arguments; (C) read narrative texts critically and identify points of view from the historical context surrounding an event and the frame of reference that influenced the participants; (D) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions; (E) collect visual images (photographs, paintings, political cartoons, and other media) to enhance understanding and appreciation of multiple perspectives in a social studies topic; (F) identify bias in written, oral, and visual material; (G) evaluate the validity of a source based on language, corroboration with other sources, and information about the author; and (H) use appropriate mathematical skills to interpret social studies information such as maps and graphs. (3) Social studies skills. The student creates written, oral, and visual presentations of social studies information. The student is expected to: (A) apply the conventions of usage and mechanics of written English; (B) use social studies terminology correctly; (C) use appropriate oral communication techniques; (D) construct a thesis that is supported by evidence; (E) recognize and evaluate counter arguments; (F) use visual images (photographs, paintings, and other media) to facilitate understanding and appreciation of multiple perspectives in a social studies topic; (G) develop a bibliography with ideas and information attributed to source materials and authors using accepted social science formats such as Modern Language Association Style Manual (MLA) and Chicago Manual of Style (CMS) to document sources and format written materials; and (H) use computer software to create written, graphic, or visual products from collected data.</content><note type="source"><p>Source Note: The provisions of this §113.47 adopted to be effective August 23, 2010, 35 TexReg 7232.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.48"><num value="113.48">§113.48</num><heading>Social Studies Research Methods (One-Half Credit), Beginning with School Year 2011-2012</heading><content>(a) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course. Students may take this course with different course content for a maximum of two credits. (b) Introduction. (1) In Social Studies Research Methods, an elective course, students conduct advanced research on a selected topic in social studies using qualitative and/or quantitative methods of inquiry. Students present their research results and conclusions in written and visual or oral format. The course is designed to be conducted in either classroom or independent settings. (2) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (3) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution. (4) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week. (A) Each social studies class shall include, during Celebrate Freedom Week as provided under the Texas Education Code, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement. (B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed." (5) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents. (c) Knowledge and skills. (1) Social studies skills. The student understands the need for an organizing framework to identify an area of interest and collect information. The student is expected to: (A) select a social studies issue, topic, or area of interest; (B) write a rationale and preliminary ideas for research methods; (C) develop a literature review; and (D) develop a thesis. (2) Social studies skills. The student applies a process approach to a research topic, applying the ideas, theories, and modes of inquiry drawn from the social sciences in the examination of persistent issues and social questions. The student is expected to: (A) understand the basic requirements and philosophical foundations for qualitative and quantitative methods of inquiry, including inductive and deductive reasoning, to determine the most effective research approach from a variety of alternatives; (B) select and design a research project, including an examination of the theory and methods applicable to the research topic; (C) collect information from a variety of sources (primary, secondary, written, and oral) using techniques such as questionnaires, interviews, and library research; (D) use current technology such as library topic catalogues, networks, online information systems, academic journals, primary sources on the Internet, email interviews, and video interviews to collect information about the selected topic; (E) use information from sources that take into account multiple perspectives; (F) differentiate between primary and secondary sources and use each appropriately to conduct research and construct arguments; (G) develop and use criteria for the evaluation of qualitative and/or quantitative information; (H) describe the results of the research process; (I) generate logical conclusions from research results; (J) justify a conclusion with supporting evidence; (K) make predictions as to future actions and/or outcomes based on conclusions of research; and (L) develop a bibliography in a format appropriate to the social sciences such as Modern Language Association Style Manual (MLA) and Chicago Manual of Style (CMS) to document sources and format written materials. (3) Social studies skills. If doing qualitative research, the student employs the processes of critical social science inquiry to understand an issue, topic, or area of interest using a variety of sources, checking their credibility, validating and weighing evidence for claims, and searching for causality. The student is expected to: (A) interpret the historiography of the research topic; (B) apply key social science concepts such as time, chronology, causality, change, conflict, and complexity to explain, analyze, and show connections among patterns of historical change and continuity; (C) investigate, interpret, and analyze multiple historical and contemporary viewpoints within and across cultures; (D) relate important events, recurring dilemmas, and persistent issues to topic; and (E) employ empathy, skepticism, and critical judgment to analysis of topic. (4) Social studies skills. If doing quantitative research, the student is expected to: (A) apply the scientific method in a research project; (B) create a matrix applying research methodologies that employ survey research, ethnography, primary documents, and statistical analysis to given subject areas; (C) determine the most efficient research approach; (D) utilize basic statistical approaches and tools in the analysis of aggregate information; (E) define and compute statistical information using various statistical approaches such as means testing and correlation, measures of central tendency and distribution, the development of categorical systems, and logical analysis; (F) analyze information using a spreadsheet or statistical analysis information software; (G) apply the fundamental principles and requirements of validity and reliability as used in the social sciences; (H) interpret patterns of behavior reflecting attitudes and values that contribute or pose obstacles to cross-cultural understanding; and (I) utilize applicable ethical standards in collecting, storing, and using human experimental or survey data. (5) Social studies skills. The student creates a written and oral presentation of research and conclusions. The student is expected to: (A) apply the conventions of usage and mechanics of written English; (B) present a thesis and conclusion; (C) use appropriate social science terminology; (D) justify a conclusion with supporting evidence and address counter arguments as appropriate; (E) construct visuals such as statistical compilations, charts, graphs, tables, timelines, and maps to convey appropriate data; (F) create a presentation on a selected topic using word-processing, graphics, and multimedia software; (G) incorporate and present visual images (photographs, paintings, and other media) to enhance presentation; and (H) develop a bibliography with ideas and information attributed to source materials and authors using accepted social science formats such as Modern Language Association Style Manual (MLA) and Chicago Manual of Style (CMS) to document sources and format written materials. (6) Social studies skills. The student understands the principles and requirements of the scientific method. The student is expected to: (A) select a social studies issue, topic, or area of interest; (B) select and design a research project, including an examination of the theory and methods applicable to the research topic; (C) describe the results of the research process; and (D) justify a conclusion with supporting evidence and make predictions as to future actions and/or outcomes based on the conclusions of research.</content><note type="source"><p>Source Note: The provisions of this §113.48 adopted to be effective August 23, 2010, 35 TexReg 7232.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.49"><num value="113.49">§113.49</num><heading>Personal Financial Literacy (One-Half Credit), Adopted 2016</heading><content>(a) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one-half credit for successful completion of this course.(b) Introduction.(1) Personal Financial Literacy will develop citizens who have the knowledge and skills to make sound, informed financial decisions that will allow them to lead financially secure lifestyles and understand personal financial responsibility. The knowledge gained in this course has far-reaching effects for students personally as well as the economy as a whole. When citizens make wise financial decisions, they gain opportunities to invest in themselves, build businesses, consume goods and services in a responsible way, and secure a future without depending on outside assistance. The economy benefits from the optimal use of resources, increased consumption, and strong local businesses. State and local governments benefit with steady revenue streams and reduced future obligations as our society ages.(2) Personal Financial Literacy is designed to be an interactive and research-based course. The course will teach students to apply critical-thinking and problem-solving skills to analyze decisions involving earning and spending, saving and investing, credit and borrowing, insuring and protecting, and college and postsecondary education and training. There are many references to conducting a cost-benefit analysis for spending and investing decisions. Students evaluate the necessity of the purchase, the quality or value of the purchase or investment compared to other alternatives, and the total cost of acquisition, particularly in the context of financing options. Students also understand the power of both compound growth on investments and compound interest on debt and how these concepts affect the ability to build wealth over time.(3) This one-half elective credit course includes instruction in methods of paying for college and other postsecondary education and training along with completing the application for federal student aid provided by the U.S. Department of Education. Students analyze the relationship between education and training and earnings potential; evaluate the quality of potential college, postsecondary education, and training courses; evaluate the total cost of these programs; and analyze the advantages and disadvantages of various sources of funds to pay for their education.(4) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(5) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the Texas Education Code, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(6) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Earning and spending. The student understands how to set personal financial goals. The student is expected to:(A) differentiate between needs and wants in evaluating spending decisions;(B) investigate the student's money personality, including spending and saving propensity;(C) demonstrate an understanding of the value and benefits of charitable giving; and(D) develop financial goals for the short, medium, and long term that are specific, measurable, attainable, realistic, and time based.(2) Earning and spending. The student understands how financial statements are used to assess and monitor financial well-being. The student is expected to:(A) reconcile a bank statement with personal records to ensure the accuracy of deposits, withdrawals, and transfer activities;(B) track income and expenses and develop an income statement;(C) develop a budget that incorporates short-, medium-, and long-term financial goals;(D) identify assets and liabilities;(E) construct a balance sheet or net worth statement; and(F) evaluate the impact of unplanned spending on a budget.(3) Earning and spending. The student analyzes components of compensation from employment. The student is expected to:(A) identify benefits such as health insurance contributions, retirement benefits, sick leave, vacation pay, flexible spending account, health savings account, workers compensation, life insurance, and disability insurance;(B) identify taxes that are deducted from paychecks, including Federal Insurance Contributions Act (FICA) and federal income taxes; and(C) calculate gross and net pay using information on a paycheck.(4) Earning and spending. The student critically evaluates consumption decisions. The student is expected to:(A) analyze costs and benefits of owning versus renting housing;(B) analyze costs and benefits of owning versus leasing a vehicle;(C) compare total costs of alternative methods of payment such as rent-to-own, store credit, installment agreements, cash, bank credit card, and debit card; and(D) apply strategies for making informed decisions about purchasing consumer goods such as comparing prices per unit, looking for sales or promotions, and negotiating price.(5) Saving and investing. The student understands the importance of saving and investing in creating wealth and building assets. The student is expected to:(A) develop a short-term saving strategy to achieve a goal such as establishing and maintaining an emergency fund;(B) develop an intermediate-term saving and investing strategy to achieve a goal such as accumulating a down payment on a home or vehicle;(C) explain the tax benefits of charitable contributions; and(D) develop a long-term investing strategy to achieve a goal such as a financially secure retirement.(6) Saving and investing. The student understands the implementation of a saving and investing plan. The student is expected to:(A) discuss the role of financial institutions and markets in saving and investing;(B) demonstrate the impact of compound growth over time;(C) evaluate the costs and benefits of various savings options such as bank savings accounts, certificates of deposit, and money market mutual funds; and(D) evaluate risk and return of various investment options, including stocks, bonds, and mutual funds.(7) Saving and investing. The student demonstrates an understanding of the importance of planning for retirement. The student is expected to:(A) identify costs of retirement such as living expenses, health care expenses, and long-term care expenses;(B) identify and explain sources of income during retirement, including Social Security, individual savings, and employer-sponsored plans; and(C) demonstrate an understanding of the importance of saving early and at a sufficient level to achieve financial security in retirement.(8) Credit and borrowing. The student understands the use of credit to make purchases. The student is expected to:(A) compare and contrast sources of credit such as banks, merchants, peer-to-peer, payday loans, and title loans;(B) compare and contrast types of credit, including revolving and installment credit, and collateralized loans versus unsecured credit; and(C) evaluate the impact of credit decisions on monthly budget, income statement, and net worth statement.(9) Credit and borrowing. The student identifies factors that affect credit worthiness. The student is expected to:(A) discuss how character, capacity, and collateral can adversely or positively impact an individual's credit rating and the ability to obtain credit;(B) describe how to access and interpret a sample credit report and score;(C) describe the importance of monitoring credit reports regularly and addressing mistakes;(D) identify factors that could lead to bankruptcy such as medical expenses, job loss, divorce, or a failed business; and(E) appraise the impact of borrowing decisions on credit score, including consequences of poor credit management and bankruptcy.(10) Credit and borrowing. The student evaluates a decision to use credit. The student is expected to:(A) examine the components of the cost of borrowing, including annual percentage rate (APR), fixed versus variable interest, length of term, grace period, and additional fees such as late payment, cash advance, and prepayment penalties;(B) explain strategies to reduce total cost of borrowing such as making a higher down payment and additional principal payments; and(C) differentiate between the use and cost of debit and credit cards.(11) Insuring and protecting. The student recognizes financial risks faced by individuals and families and identifies strategies for handling these risks. The student is expected to:(A) identify risk as potential loss of assets or earning potential; and(B) apply risk management strategies, including avoiding, reducing, retaining, and transferring risk.(12) Insuring and protecting. The student identifies the costs and benefits of insurance for transferring risk. The student is expected to:(A) define insurance terminology, including premiums, deductibles, co-pays, and policy limits;(B) explain the costs and benefits of different types and sources of health insurance such as individual health plans, employer-provided health plans, and government-provided health plans;(C) explain the costs and benefits of disability and long-term care insurance;(D) explain the costs and benefits of life insurance, including term insurance and whole life insurance;(E) explain the costs and benefits of property insurance, including homeowner's and renter's insurance;(F) explain the costs and benefits of automobile insurance and factors that impact the price of insurance, including the type of vehicle, age and sex of driver, driving record, deductible, and geographic location; and(G) explain the costs and benefits of supplemental types of insurance such as extended warranties, mortgage protection life insurance, accidental death and dismemberment life insurance, car loan payoff coverage, debt cancellation coverage, and credit life coverage.(13) Insuring and protecting. The student understands how to identify and protect themselves from frauds, schemes, and scams. The student is expected to:(A) identify ways to protect personal information and reduce risk of identity theft;(B) recognize common schemes and scams such as investment, pyramid, phishing, check cashing, and home renovation scams; and(C) demonstrate an understanding of how to use consumer protection agencies such as the Better Business Bureau, Consumer Financial Protection Board, or the Texas State Securities Board to research and report fraud.(14) Insuring and protecting. The student understands the legal instruments available for estate planning. The student is expected to:(A) explain the importance of guardianship of minor children, wills, and beneficiary designation; and(B) explain the importance of a power of attorney, living will, and medical directive.(15) College and postsecondary education and training. The student recognizes the costs and benefits of various types of college, postsecondary education, and training. The student is expected to:(A) analyze the relationship between education and training and earnings;(B) identify types of costs associated with college, postsecondary education, and training;(C) compare costs among postsecondary education and training institutions such as public universities, private universities, certification programs, and community colleges; and(D) analyze the quality of education investment using measures such as academic reputation, selectivity and rigor in a chosen area of study, average starting salary of students graduating in chosen field, and likelihood of student graduation.(16) College and postsecondary education and training. The student understands various options for paying for college, postsecondary education, and training. The student is expected to:(A) understand how, why, and when to complete grant and scholarship applications and the Free Application for Federal Student Aid (FAFSA) provided by the U.S. Department of Education;(B) research various sources of funds for postsecondary education and training, including student loans, grants and scholarships, and other sources such as work-study and military programs; and(C) analyze the advantages and disadvantages of various sources of funds for postsecondary education and training, including student loans, grants and scholarships, and other sources such as work-study and military programs.</content><note type="source"><p>Source Note: The provisions of this §113.49 adopted to be effective August 22, 2016, 41 TexReg 2491.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.50"><num value="113.50">§113.50</num><heading>Ethnic Studies: Mexican American Studies (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 10-12.(b) Introduction.(1) In Ethnic Studies: Mexican American Studies, an elective course, students learn about the history and cultural contributions of Mexican Americans. Students explore history and culture from an interdisciplinary perspective. The course emphasizes events in the 20th and 21st centuries, but students will also engage with events prior to the 20th century.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as biographies, autobiographies, landmark cases of the U.S. Supreme Court, novels, speeches, letters, diaries, poetry, songs, and artwork is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents.(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) History. The student understands historical points of reference in Mexican American history. The student is expected to apply absolute and relative chronology through the sequencing of significant individuals, events, and time periods.(2) History. The student understands developments related to pre-colonial settlements and Spanish colonization of Mesoamerica and North America. The student is expected to:(A) explain the significance of the following events as turning points relevant to Mexican American history: Aztec arrival in Mexico's central valley, establishment of the Aztec Empire, Hernán Cortés's first encounter with the Aztecs, Spanish conquest of the Aztecs, creation of the New Laws, and Jesuit expulsion from the Americas; and(B) examine the contributions of significant individuals from the Spanish colonial era, including Moctezuma, Hernán Cortés, La Malinche, Bartolomé de las Casas, and Sor Juana Inés de la Cruz.(3) History. The student understands developments related to Mexican independence and Mexico's relationship with the United States from 1800-1930. The student is expected to:(A) explain the significance of the following events as turning points relevant to Mexican American history: the Grito de Dolores, Mexico's acquisition of independence, Texas's declaration of independence from Mexico, Mexican-American War, Treaty of Guadalupe Hidalgo, Mexican Revolution, creation of the U.S. Border Patrol, and Mexican repatriation of the 1930s; and(B) examine the contributions of significant individuals from this period such as Father Miguel Hidalgo, José María Morelos, Augustín de Iturbide, Emiliano Zapata, Francisco (Pancho) Villa, Francisco I. Madero, Porfirio Díaz, and Álvaro Obregón.(4) History. The student understands the causes and impact of the Mexican American civil rights movement from the 1930s to 1975. The student is expected to:(A) explain the significance of the following events as turning points relevant to Mexican American history: U.S. entry into World War II, Bracero Program, Longoria Affair, Operation Wetback, Hernández v. Texas, Brown v. Board of Education, Civil Rights Act of 1964, Voting Rights Act of 1965, Farmworkers strike and boycott, and establishment of La Raza Unida Party; and(B) identify the contributions of significant individuals from the civil rights era such as César Chávez, Dolores Huerta, Reies López Tijerina, José Ángel Gutiérrez, Rubén Salazar, Emma Tenayuca, Rodolfo "Corky" Gonzales, Marcario García, Hector P. García, Raul "Roy" Perez Benavidez, Martha P. Cotera, Jovita Idár, Jovita González de Mireles, Sara Estela Ramírez, Leonor Villegas de Magnon, Adela Sloss Vento, María L. de Hernández, and Alicia "Alice" Dickerson Montemayor.(5) History. The student understands the development of voting rights and ideas related to citizenship for Mexican Americans from 1975 to the present. The student is expected to:(A) explain the significance of the following events as turning points relevant to Mexican American history: the Immigration Reform and Control Act, Illegal Immigration Reform and Immigration Responsibility Act; and H.R. 4437 passed by the U.S. House of Representatives in 2006; and(B) identify the contributions of significant individuals such as Raul Yzaguirre, William "Willie" Velásquez, Gloria Evangelina Anzaldúa, Henry Cisneros, Cherríe L. Moraga, and Bill Richardson.(6) Geography. The student understands the impact of geographic factors on major events related to Mexican Americans. The student is expected to:(A) locate places and regions of cultural and historical significance in Mexican American history;(B) identify physical and human geographic factors related to the settlement of American Indian societies;(C) explain how issues of land use related to Mexican Independence, Texas Independence, and the Mexican Revolution;(D) analyze physical and human geographic factors related to Mexican migration from the 1910s to the 1930s;(E) identify physical and human geographic factors related to the migration of Mexican laborers as part of the 1940s Bracero Program; and(F) analyze the physical and human geographic factors related to contemporary Mexican migration to and Mexican American migration within the United States.(7) Economics. The student understands domestic issues related to Mexican American population growth, labor force participation, and the struggle to satisfy wants and needs given scarce resources. The student is expected to:(A) analyze the economic impact of Mexican repatriation of the 1930s;(B) evaluate the contributions of the Bracero Program to the U.S. war effort and the development of the agricultural economy in the American Southwest;(C) explain the struggle to create a farmworkers union and the union's efforts to fight for better wages;(D) analyze the economic contributions of the Mexican American labor force;(E) analyze the purchasing power of the Mexican American population as it relates to U.S. household consumption and gross domestic product (GDP); and(F) discuss current issues related to the Mexican American labor force.(8) Government. The student understands the significance of political decisions and the struggle for Mexican American political power throughout U.S. history. The student is expected to:(A) describe how Mexican Americans have participated in supporting and changing government;(B) analyze the impact of Salvatierra v. Del Rio Independent School District (ISD), Delgado v. Bastrop ISD, and Hernández v. Texas on Mexican Americans and the end of the biracial paradigm;(C) analyze the Mexican American struggle for civil rights as manifested in the Chicano movement;(D) evaluate the successes and failures of the Mexican American civil rights movement and the farmworkers movement;(E) analyze the significance of U.S. Supreme Court decisions in Miranda v. Arizona, San Antonio ISD v. Rodríguez, and Plyler v. Doe; and(F) discuss the role of various organizations such as the American G.I. Forum, the League of United Latin American Citizens (LULAC), the Mexican American Legal Defense and Educational Fund (MALDEF), the National Association of Latino Elected and Appointed Officials (NALEO), and the National Council of La Raza (NCLR) that have participated in the Mexican American struggle for political power.(9) Citizenship. The student understands the debates surrounding the nature of respectful expression of different points of view in a constitutional republic. The student is expected to:(A) describe the rights and responsibilities of Mexican American citizens and Mexican immigrants in civic participation within the United States;(B) discuss ways American citizens and immigrants interpret formal citizenship and cultural citizenship, including membership in one nation and membership in diverse cultural and national groups;(C) discuss ways individuals contribute to the national identity as members of diverse cultural groups; and(D) analyze the connotations and histories of identity nomenclature relevant to Mexican Americans such as Mexican, Spanish, Hispanic, Latina/o, Chicana/o, illegal, undocumented, Mexican American, American Mexican, or simply American.(10) Culture. The student understands the relationship between Mexican American artistic expression and the times during which the art was created. The student is expected to:(A) describe how the characteristics and issues of Mexican American history have been reflected in various genres of art, music, film, and literature;(B) analyze the significance of selected works of Mexican American literature such as "I am Joaquín" (1967) by Rodolfo "Corky" Gonzales and "Pensamiento Serpentino" (1971) by Luis Valdez;(C) describe the role of artistic expression in mobilizing Mexican Americans and others toward civic participation and action such as the role of "Teatro Campesino" during the farmworkers movement;(D) identify the contributions of women such as Sandra Cisneros and Norma Alarcón; and(E) identify the impact of Mexican American popular culture on the United States and the world over time.(11) Science, technology, and society. The student understands the impact of Mexican American individuals and groups on the development of science and technology in American society and on a global scale. The student is expected to:(A) explain the major ideas in astronomy, mathematics, and architectural engineering that developed in the Maya and Aztec civilizations; and(B) identify contributions to science and technology in the United States and the world made by Mexican Americans such as Albert Baez, Martha E. Bernal, Ellen Ochoa, Linda Garcia Cubero, and Mario José Molina.(12) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to:(A) use social studies terminology correctly;(B) analyze diverse points of view related to contemporary Mexican American issues;(C) create a written and/or oral presentation on a contemporary issue or topic relevant to Mexican Americans using critical methods of inquiry; and(D) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions.</content><note type="source"><p>Source Note: The provisions of this §113.50 adopted to be effective July 1, 2019, 44 TexReg 2265.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.51"><num value="113.51">§113.51</num><heading>Ethnic Studies: African American Studies (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 10-12.(b) Introduction.(1) In Ethnic Studies: African American Studies, an elective course, students learn about the history and cultural contributions of African Americans. This course is designed to assist students in understanding issues and events from multiple perspectives. This course develops an understanding of the historical roots of African American culture, especially as it pertains to social, economic, and political interactions within the broader context of United States history. It requires an analysis of important ideas, social and cultural values, beliefs, and traditions. Knowledge of past achievements provides citizens of the 21st century with a broader context within which to address the many issues facing the United States.(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as biographies, autobiographies, landmark cases of the U.S. Supreme Court, novels, speeches, letters, diaries, poetry, songs, and artwork is encouraged. Resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together.(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(8) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents.(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) History. The student understands the influential historical points of reference in African history prior to 1619. The student is expected to:(A) identify the major eras, civilizations, and contributions of African history that are foundational to humanity and predate American slavery;(B) describe and compare the various pre-colonial, indigenous, and ancestral roots of African Americans such as educational systems, social and political developments, family structures, global trade, and exchange; and(C) analyze the effects of dehumanization through the capture, trade, and enslavement of Africans, within a regional and global context, including the Atlantic Slave Trade.(2) History. The student understands the economic, political, and social development of slavery during the American colonial period, 1619 to 1775. The student is expected to:(A) analyze the African diaspora, including the role of Africans and Europeans;(B) compare and contrast the colonization of North, Central, and South America and the West Indies and neighboring islands and analyze the interactions among enslaved Africans and Native Americans;(C) describe and explain the impact of the Middle Passage on African American culture; and(D) explain the causes for the growth and development of slavery, primarily in the Southern colonies.(3) History. The student understands the rationalization and ramifications for the continuation and growth of slavery and the anti-slavery movement in the United States from independence (1776) through the Emancipation Proclamation (1863). The student is expected to:(A) analyze the economic, social, religious, and legal rationalization used by some Americans to continue and expand slavery after declaring independence from Great Britain;(B) describe the impact of the Three-Fifths Compromise and the Fugitive Slave Act;(C) analyze the role that slavery played in the development of nationalism and sectionalism during the early 19th century;(D) analyze and evaluate various forms of individual and group resistance against the enslavement of African Americans;(E) analyze the influence of significant individuals and groups prior to and during the abolitionist movement to determine their impact on ending slavery such as the work of David Walker, Elijah P. Lovejoy, John Brown, Sojourner Truth, Frederick Douglass, the American Anti-Slavery Society, and the Underground Railroad; and(F) analyze national and international abolition efforts, including the gradual emancipation of enslaved people in the North (1777-1804), the U.S. ban on the slave trade (1808), the abolition of slavery in Mexico (1829) and Great Britain (1833), and the significance of the Guerrero Decree in the Texas Revolution.(4) History. The student understands African American life from the Civil War through World War I. The student is expected to:(A) summarize the roles and experiences of African American soldiers and spies in both the North and South during the Civil War;(B) describe and analyze the successes and failures of Reconstruction;(C) compare the opportunities and challenges faced by African Americans from post-Reconstruction to the early 20th century and viewpoints and actions of African Americans, including Ida B. Wells, W.E.B. Du Bois, Booker T. Washington, Marcus Garvey, the National Association for the Advancement of Colored People (NAACP), Freedmen's Towns, and the Exodusters;(D) explain the circumstances surrounding increased violence and extremism such as the Ku Klux Klan (KKK), the Colfax Massacre, lynchings, race riots, and the Camp Logan Mutiny (The Houston Riot of 1917);(E) explain the impact of the convict leasing system on African Americans such as the Sugar Land 95;(F) explain how the rise of Jim Crow laws affected the life experiences of African Americans in the late 19th and early 20th centuries;(G) describe the impact of the U.S. Supreme Court decision Plessy v. Ferguson (1896);(H) analyze the social, economic, and political actions of African Americans in response to the Jim Crow era during the early 20th century such as the Great Migration, civil rights organizations, social organizations, political organizations, and organized labor unions;(I) examine the experiences of African American soldiers during and after World War I; and(J) describe the impact of African American military service from Reconstruction through World War I, including the role of the Buffalo Soldiers.(5) History. The student understands change and continuity in the African American cultural identity during the Great Depression, World War II, and the Civil Rights Movement. The student is expected to:(A) compare the positive and negative effects of the Great Depression and New Deal on the social and economic status of African Americans in various geographic regions;(B) describe the impact of U.S. Supreme Court decisions Sweatt v. Painter (1950) and Brown v. Board of Education (1954);(C) describe the continued struggle for civil rights in America during this time in history such as the notable works of the NAACP, National Urban League, Jackie Robinson, Rosa Parks, Martin Luther King Jr., Daisy Bates and the Little Rock Nine, the Student Non-Violent Coordinating Committee (SNCC), and local leaders;(D) describe the interactions of the people of the diaspora relative to the struggle for civil rights;(E) describe the impact of racism during World War II;(F) explain the contributions of significant African American individuals and groups during World War II, including Doris "Dorie" Miller, the Tuskegee Airmen, and the 761st Tank Battalion;(G) analyze how the effects of World War II laid the groundwork for the Civil Rights Movement such as Harry S. Truman's Executive Order 9981 and the contributions of A. Phillip Randolph, Mary McLeod Bethune, and Thurgood Marshall;(H) analyze the successes, failures, and ongoing impact of the Civil Rights Movement, including methods such as sit-ins, boycotts, marches, speeches, music, and organizations; and(I) evaluate the extent to which the Civil Rights Movement transformed American politics and society.(6) History. The student understands the progress made and challenges faced by African Americans from the post-Civil Rights Era to contemporary times. The student is expected to:(A) identify and explain the issues confronting African Americans in the continuing effort to achieve equality;(B) describe the major achievements of contemporary African Americans and how their contributions have shaped the American experience such as John H. Johnson, Muhammad Ali, Fannie Lou Hamer, Shirley Chisholm, Earl G. Graves, Barbara Jordan, Colin Powell, Condoleezza Rice, and Barack Obama; and(C) analyze the progress and challenges for African American men and women socially, economically, and politically from 1970 to the present such as the evolving role of education in the African American community.(7) Geography. The student understands the impact of geographic factors on major events related to African Americans over time. The student is expected to:(A) explain the causes and effects of forced and voluntary migration on individuals, groups, and societies throughout African American history;(B) identify and explain the physical and human geographic factors that contributed to the Atlantic Slave Trade, the rise of the plantation system in the South, the development of textile mills in the North, and economic interdependence between the North and South;(C) explain the westward movement and the Great Migration and summarize their impact on African Americans; and(D) analyze how environmental changes impacted African American communities such as land use, settlement patterns, and urban development.(8) Economics. The student understands ways in which African Americans have addressed opportunities, challenges, and strategies concerning economic well-being over time. The student is expected to:(A) analyze the effects of the Industrial Revolution and the roles of "King Cotton" and the cotton gin in the economies of the United States and the world;(B) explain how sharecropping and redlining limited economic opportunities for African Americans;(C) explain how economic conditions and racism contributed to the Great Migration;(D) evaluate the economic impact of the American labor movement and unionism on African Americans from the late nineteenth century to today;(E) analyze how various geographic, cultural, social, political, and financial factors influenced the economic mobility of African Americans such as skin color, wealth, and educational background;(F) evaluate the effectiveness of various approaches African Americans have used to solve economic issues;(G) trace the rise and development African American businesses and entrepreneurship from the late 19th century to today; and(H) examine the contributions of African American and Black American Business entrepreneurship such as Black Wall Street, black inventors, and the black experience in business and the economic contributions of individuals such as Madame C. J. Walker and Maggie L. Walker.(9) Government. The student understands the significant impact of political decisions on African Americans throughout history. The student is expected to:(A) compare and contrast how political perspectives of free and enslaved African Americans in the late 1700s and early 1800s were influenced by the unalienable rights expressed in the Declaration of Independence and civil rights in the Bill of Rights;(B) explain the regional perspectives toward political rights of African American men and women from the early years of the republic through 1877;(C) analyze the construction, interpretation, and implementation of the 13th, 14th, and 15th Amendments to the U.S. Constitution and the effects on African American men and women between 1877 and 1920;(D) analyze how government policies, court actions, and legislation impacted African Americans from the 1920s through the 1950s;(E) analyze the causes and effects of government actions and legislation addressing racial and social injustices from 1960 to the present day such as the issues of voting rights, civil rights, fair housing, education, employment, affirmative action, the War on Crime, the War on Drugs, mass incarceration, and health and nutrition; and(F) analyze how the changing political environment has impacted civil rights from the late 20th century to the present.(10) Government. The student understands the impact of political interactions on the African American struggle for human rights over time. The student is expected to:(A) analyze examples of conflict and cooperation between African Americans and other groups in the pursuit of individual freedoms and civil rights such as the Freedom Riders and the Memphis Sanitation Workers Strike;(B) explain how various philosophies and ideologies influenced the African American experience for social, political, and legal equality such as fair housing, equal opportunity, affirmative action, and voting rights; and(C) identify the contributions of African American leaders at local, state, and national levels of government.(11) Citizenship. The student understands the importance of multiple and changing points of view regarding citizenship of African Americans. The student is expected to:(A) trace how perceptions of the rights and civic responsibilities of African Americans have changed over time, including the idea of being considered property with no rights under slavery;(B) analyze how regional differences influenced political perspectives of African American communities;(C) analyze the significance and associations of identity nomenclature relevant to African Americans such as Negro and Black;(D) analyze selected contemporary African American issues that have led to diverse points of view in public discourse, including rights and activism; and(E) identify and describe the diversity of peoples of African ancestry such as Afro-Latinos, Afro-Caribbeans, and recent African immigrants.(12) Culture. The student understands the development of African American culture and society and the impact of shared identities and differing experiences. The student is expected to:(A) analyze the impact of assimilation, stereotypes, de facto practices, and oppression on the lives of African Americans;(B) analyze ways in which African Americans have retained cultural identity over time while adapting to and contributing to mainstream American culture; and(C) analyze the various cultural practices that have shaped the individual and collective identity of African Americans over time to understand shared and differing experiences.(13) Culture. The student understands the cultural traditions and contributions of African Americans from the colonial era through Reconstruction. The student is expected to:(A) identify and describe the influence of African oral traditions, visual art, literary art, theater, music, and dance on African American culture;(B) describe the influence of enslavement on African American culture;(C) identify the contributions of early African American literature, including the works of Jupiter Hammon and Phillis Wheatley;(D) explain the origins and characteristics of different musical genres and traditions of African Americans; and(E) describe the expanding influence of African American music through the work of performers such as the Fisk Jubilee Singers.(14) Culture. The student understands the influence of artistic expression on the African American experience and American culture from Reconstruction to the present. The student is expected to:(A) describe the development and influence of blues, ragtime, jazz, and hip hop music such as the achievements of composers Scott Joplin and James Reese Europe;(B) describe how various African American expressions of dance forms such as tap dance, step dance, hip hop, and modern dance and the contributions of African American dancers such as the Dance Theater of Harlem, Katherine Dunham, Bill "Bojangles" Robinson, Alvin Ailey, and Misty Copeland have contributed to the shared identity of various groups;(C) explain the lasting impact of the Harlem Renaissance on American culture and society such as the achievements of Louis Armstrong, Josephine Baker, Duke Ellington, Langston Hughes, Sargent Johnson, Jules Bledsoe, Paul Robeson, Augusta Savage, and James VanDerZee;(D) describe the reactions to and the influence of selected works by African American authors such as The Souls of Black Folk by W.E.B. Du Bois, Native Son by Richard Wright, Their Eyes Were Watching God by Zora Neale Hurston, Beloved by Toni Morrison, and Eyes on the Prize by Henry Hampton;(E) describe storytelling, literary, filmmaking, and visual arts contributions related to self-identity made by African Americans such as Oscar Micheaux, John T. Biggers, James Baldwin, Lorraine Hansberry, Amiri Baraka, Sidney Poitier, Maya Angelou, Faith Ringgold, August Wilson, bell hooks, Spike Lee, John Singleton, and Oprah Winfrey;(F) describe how characteristics of African American history and culture have been reflected in various genres of art, music, film, theatre, visual arts, and dance; and(G) analyze the impact of popular culture on African Americans during significant eras.(15) Culture. The student understands African American educational developments, achievements, and opportunities before and after the U.S. Supreme Court decision of Brown v. Board of Education (1954). The student is expected to:(A) describe the efforts to prevent the education of enslaved people and free African Americans, including anti-literacy laws;(B) analyze the expansion of educational opportunities for African Americans, including the Freedman's Bureau, Rosenwald Schools, the Second Morrill Act (1890), the establishment of Historically Black Colleges and Universities, and the role of the National Pan-Hellenic Council (Divine 9); and(C) describe contemporary issues in education for African American students such as the school-to-prison pipeline, opportunity gaps, overrepresentation in special education, and underrepresentation in gifted and talented opportunities.(16) Science, technology, and society. The student understands how African American achievements in science and technology have contributed to economic and social development in the United States. The student is expected to:(A) identify examples of how advances made by African civilizations in areas such as astronomy, mathematics, architecture, and engineering have contributed to science and technology in the United States;(B) identify examples of how industrialization was influenced by African Americans over time; and(C) describe the contributions of significant African American individuals to science, philosophy, mathematics, and technology such as Benjamin Banneker, George Washington Carver, Granville Woods, Mary Jackson, Katherine Johnson, Henrietta Lacks, Dorothy Vaughan, Mae Jemison, and Neil deGrasse Tyson.(17) Social studies skills. The student understands how historians use historiography to interpret the past and applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including technology. The student is expected to:(A) analyze primary and secondary sources such as maps, graphs, speeches, political cartoons, and artifacts to acquire information to answer historical questions;(B) analyze information by applying absolute and relative chronology through sequencing, categorizing, identifying cause-and-effect relationships, comparing and contrasting, finding the main idea, summarizing, making generalizations, making predictions, drawing inferences, and drawing conclusions;(C) apply the process of historical inquiry to research, interpret, and use multiple types of sources of evidence;(D) evaluate the validity of a source based on corroboration with other sources and information about the author, including points of view, frames of reference, and historical context; and(E) identify bias and support with historical evidence a point of view on a social studies issue or event.(18) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:(A) create written, oral, and visual presentations of social studies information using effective communication skills, including proper citations and avoiding plagiarism; and(B) use social studies terminology correctly.(19) Social studies skills. The student uses geographic tools to collect, analyze, and interpret data. The student is expected to:(A) create a visual representation of historical information such as thematic maps, graphs, and charts; and(B) pose and answer questions about geographic distributions and patterns shown on maps, graphs, charts, and available databases.(20) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others. The student is expected to use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution.</content><note type="source"><p>Source Note: The provisions of this §113.51 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.60"><num value="113.60">§113.60</num><heading>Social Studies Advanced Studies (One-Half Credit)</heading><content>(a) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course. Students may take this course with different course content for a maximum of two credits.(b) Introduction. In Social Studies Advanced Studies, an elective course, students conduct in-depth research, prepare a product of professional quality, and present their findings to appropriate audiences. Students, working independently or in collaboration with a mentor, investigate a problem, issue, or concern; research the topic using a variety of technologies; and present a product of professional quality to an appropriate audience.(c) Knowledge and skills.(1) The student will investigate, independently or collaboratively, a problem, issue, or concern within a selected profession or discipline. The student is expected to:(A) analyze the relationship between his or her interests and career/discipline;(B) review literature from varied sources from the selected career or discipline;(C) identify a problem, issue, or concern;(D) survey and/or interview professionals to determine the appropriateness of a project; and(E) develop a proposal that includes well-defined questions, goals and objectives, rationale, and procedures for the project.(2) The student will demonstrate understanding of the research methods and/or technologies used in a selected profession or discipline. The student is expected to:(A) develop an understanding of the requirements and practices of the profession in the selected career or discipline through observation;(B) simulate the methods and/or technologies used in the research process particular to the selected field or discipline; and(C) review and revise the original proposal to reflect changes needed based upon preliminary research and practices.(3) The student will develop products that meet standards recognized by the selected profession or discipline. The student is expected to:(A) collaborate with the appropriate professionals to define the product;(B) develop a plan for product completion;(C) develop assessment criteria for successful completion of the project;(D) establish the appropriateness of the product for the intended audience;(E) implement the plan for product completion; and(F) maintain a journal to document all phases of the implementation of the plan and reflections on learning experiences and processes.(4) The student will demonstrate an understanding of the selected problem, issue, or concern by explaining or justifying findings to an appropriate audience for public comment or professional response. The student is expected to:(A) review and revise the plan to present the findings;(B) make arrangements for the presentation of findings to an appropriate audience;(C) present findings, simulating the skills used by professionals;(D) consider feedback received from the audience;(E) reflect on the study and its potential for impact on the field; and(F) reflect on personal learning experiences of the study.</content><note type="source"><p>Source Note: The provisions of this §113.60 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.61"><num value="113.61">§113.61</num><heading>Economics Advanced Studies (One-Half Credit)</heading><content>(a) General requirements. Students may take this course with different course content for a maximum of one credit. Students who are pursuing the Distinguished Achievement Program may take Economics Advanced Studies to earn state credit for developing, researching, and presenting their mentorship or independent study advanced measure.(b) Introduction. In Economics Advanced Studies, an elective course, students conduct in-depth research, prepare a product of professional quality, and present their findings to appropriate audiences. Students, working independently or in collaboration with a mentor, investigate a problem, issue, or concern; research the topic using a variety of technologies; and present a product of professional quality to an appropriate audience.(c) Knowledge and skills.(1) The student will investigate, independently or collaboratively, a problem, issue, or concern within a selected profession or discipline. The student is expected to:(A) analyze the relationship between his or her interests and career/discipline;(B) review literature from varied sources from the selected career or discipline;(C) identify a problem, issue, or concern;(D) survey and/or interview professionals to determine the appropriateness of a project; and(E) develop a proposal that includes well-defined questions, goals and objectives, rationale, and procedures for the project.(2) The student will demonstrate understanding of the research methods and/or technologies used in a selected profession or discipline. The student is expected to:(A) develop an understanding of the requirements and practices of the profession in the selected career or discipline through observation;(B) simulate the methods and/or technologies used in the research process particular to the selected field or discipline; and(C) review and revise the original proposal to reflect changes needed based upon preliminary research and practices.(3) The student will develop products that meet standards recognized by the selected profession or discipline. The student is expected to:(A) collaborate with the appropriate professionals to define the product;(B) develop a plan for product completion;(C) develop assessment criteria for successful completion of the project;(D) establish the appropriateness of the product for the intended audience;(E) implement the plan for product completion; and(F) maintain a journal to document all phases of the implementation of the plan and reflections on learning experiences and processes.(4) The student will demonstrate an understanding of the selected problem, issue, or concern by explaining or justifying findings to an appropriate audience for public comment or professional response. The student is expected to:(A) review and revise the plan to present the findings;(B) make arrangements for the presentation of findings to an appropriate audience;(C) present findings, simulating the skills used by professionals;(D) consider feedback received from the audience;(E) reflect on the study and its potential for impact on the field; and(F) reflect on personal learning experiences of the study.</content><note type="source"><p>Source Note: The provisions of this §113.61 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scC/s113.76"><num value="113.76">§113.76</num><heading>Personal Financial Literacy and Economics (One-Half Credit)</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Students shall be awarded one-half credit for successful completion of this course. Students may not be awarded credit for both this course and the personal financial literacy course adopted under this subchapter.(c) Introduction.(1) The Personal Financial Literacy and Economics Course emphasizes the economic way of thinking, which serves as a framework for the personal financial decision-making opportunities introduced in the course. Students will demonstrate the ability to anticipate and address financial challenges as these challenges occur over their lifetime. In addition, students are introduced to common economic and personal financial planning terms and concepts. As a result of learning objective concepts and integrating subjective information, students gain the ability to lead productive and financially self-sufficient lives.(2) Personal Financial Literacy and Economics builds on and extends the economic content and concepts studied in Kindergarten-Grade 12 social studies in Texas. The course provides a foundation in both microeconomics and macroeconomics. Students will survey the impact of demand, supply, various industry structures, and government policies on the market for goods, services, and wages for workers. Macroeconomic study involves economic systems with an emphasis on free enterprise market systems, goals of full employment, price stability, and growth while examining problems such as unemployment and inflation and the policies enacted to address them. The course also builds on and extends the personal finance content and concepts studied in Kindergarten-Grade 8 in mathematics in Texas. It is an integrative course that applies the same economic way of thinking developed to making choices about how to allocate scarce resources in an economy to how to make them at the personal level. The course requires that students demonstrate critical thinking by exploring how to invest in themselves with education and skill development, earn income, and budget for spending, saving, investing, and protecting. Students will examine their individual responsibility for managing their personal finances and understand the impact on standard of living and long-term financial well-being. Further, students will connect how their financial decision making impacts the greater economy.(3) This course was created in response to Texas Education Code (TEC), §28.025(b-22), satisfies the high school requirement, and meets the two-thirds of instructional time in personal financial literacy and one-third of instructional time in economics. In addition, the course addresses new financial challenges of modern economy.(4) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.(A) Each social studies class shall include, during Celebrate Freedom Week as provided under TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."(5) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents.(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Economics. The student understands the fundamental concepts of economics. The student is expected to:(A) analyze how the concepts of scarcity, choice, and opportunity costs apply to decision making;(B) interpret a production-possibilities curve and apply the concepts of scarcity, choice, and opportunity costs;(C) explain how the production-possibilities curve represents cost-benefit decision making;(D) use the circular flow model to identify how households, firms, and governments interact in both resource markets and product markets;(E) evaluate how prices and quantities are determined through supply and demand;(F) interpret a supply-and-demand graph, including equilibrium point, surpluses, and shortages;(G) analyze how non-price determinants of supply and demand affect equilibrium price and equilibrium quantity; and(H) explain how supply and demand exist in both resource and product markets.(2) Economics. The student understands that macroeconomic issues and policies have an impact on personal finance. The student is expected to:(A) identify types of progressive and regressive taxes at the local, state, and national levels and explain the economic importance of each;(B) examine and evaluate the reasons for federal income taxation, Social Security taxation, Medicaid taxation, and Medicare taxation, including earnings limitations as applicable;(C) explain how all economic systems are mixed and exist on a spectrum between pure market and pure command systems;(D) explain the benefits of the U.S. free enterprise system, including private property and incentives;(E) discuss the importance of full employment, price stability, and economic growth in achieving the macroeconomic goals of the United States;(F) explain the impact of fiscal policies enacted by government decisions on interest rates, inflation, and unemployment; and(G) explain the impact of monetary policies enacted by the Federal Reserve System on interest rates, inflation, and unemployment. (3) Personal financial literacy--investing in education and skills. The student recognizes the costs and benefits of various types of postsecondary education and training throughout the student's lifetime. The student is expected to:(A) analyze the relationship between education and training and earnings throughout the student's lifetime;(B) investigate and evaluate the costs and benefits of various postsecondary education and training institutions;(C) describe the process for completing grant and scholarship applications, including the Free Application for Federal Student Aid (FAFSA® ) provided by the U.S. Department of Education or the Texas Application for State Financial Aid (TASFA);(D) analyze and compare various student grant and loan options, including private and federal loans;(E) interpret data from a student aid report; and(F) research and align personal interests and skills with potential careers and postsecondary education to assure a life strategy that will produce employment the student enjoys with a desired standard of living.(4) Personal financial literacy--earning. The student recognizes that a variety of factors influence income. The student is expected to:(A) identify sources of income, including wages and salaries, profits, interest, rent, dividends, and capital gains;(B) compare common employee benefits such as health insurance, sick leave, retirement plans, and other tax-favored health and dependent care plans;(C) differentiate among and calculate gross, net, and taxable income; and(D) identify factors such as educational attainment and market demand for careers that can influence the labor market and affect income.(5) Personal financial literacy--entrepreneurship. The student discusses the opportunities available for entrepreneurship. The student is expected to:(A) describe the role of the entrepreneur in creating businesses;(B) explain how an entrepreneur earns income, including through profits from the creation or ownership of businesses;(C) compare total compensation, additional benefits, and obligations as a self-employed or independent contractor and as an employee;(D) discuss the resources available for entrepreneurship and the federal, state, and local agencies available to assist with or provide grants for the creation of a small business;(E) analyze the risks and rewards of entrepreneurship, including those associated with starting a new business, owning a small business, and purchasing a franchise; and(F) explain the characteristics of business organizations such as sole proprietorships, partnerships, and corporations.(6) Personal financial literacy--spending. The student understands how to set personal spending goals. The student is expected to:(A) develop financial goals for the short, medium, and long term that are specific, measurable, attainable, realistic, and time based;(B) analyze the opportunity costs of spending and saving in recognizing short-, medium-, and long-term goals;(C) identify and prioritize types of purchases and charitable giving;(D) evaluate various forms of financial exchange such as cash, checks, credit cards, debit cards, mobile payment applications, and electronic transfers;(E) discuss the importance of tracking income and expenses to reconcile financial records;(F) evaluate the impact of unplanned spending;(G) analyze costs and benefits of owning versus renting housing; and(H) analyze costs and benefits of owning versus leasing a vehicle.(7) Personal financial literacy--credit and debt. The student understands the costs and benefits of borrowing. The student is expected to:(A) compare and contrast sources of credit such as banks, merchants, peer-to-peer, payday loans, and title loans;(B) identify the characteristics and dangers of predatory lending practices;(C) compare and contrast types of credit, including revolving and installment credit, and collateralized loans versus unsecured credit;(D) discuss how character, capacity, and collateral can adversely or positively impact an individual's credit rating and ability to obtain credit;(E) explain how to access a credit report and score and interpret a sample credit report and score;(F) describe the importance of monitoring credit reports regularly and addressing errors;(G) discuss how personal factors such as medical expenses, job loss, divorce, or a failed business could lead to bankruptcy; and(H) determine and discuss if and when to use credit by considering the truth in lending disclosures.(8) Personal financial literacy--saving and investing. The student understands the importance of saving and investing in creating wealth and building assets. The student is expected to:(A) determine the exponential growth benefits of starting early to invest with continuous contributions;(B) determine the number of years it will take for savings to double in value by using the rule of 72;(C) evaluate the costs and benefits of various savings options such as bank savings accounts, certificates of deposit, and money market mutual funds;(D) evaluate risk and return of various investment options, including stocks, bonds, mutual funds, and exchange-traded funds (ETFs);(E) evaluate the relative benefits of pre-tax and post-tax investing;(F) develop a short-term saving strategy to achieve a goal such as establishing and maintaining an emergency fund;(G) develop an intermediate-term saving and investing strategy to achieve a goal such as accumulating a down payment on a home or vehicle; and(H) develop a long-term investing strategy to achieve a goal such as a financially secure retirement.(9) Personal financial literacy--protecting and insuring. The student recognizes financial risks faced by individuals and families and identifies strategies for handling these risks to avoid potential loss of assets and earning potential. The student is expected to:(A) apply risk management strategies, including avoiding, reducing, retaining, and transferring risk;(B) define insurance terminology, including premiums, deductibles, co-pays, and policy limits;(C) explain the costs and benefits of different types and sources of health insurance;(D) explain the costs and benefits of disability and long-term care insurance;(E) explain the costs and benefits of life insurance, including term insurance and whole life insurance;(F) explain the costs and benefits of property insurance, including homeowner's and renter's insurance;(G) explain the costs and benefits of automobile insurance and factors that impact the price of insurance, including the type of vehicle, age and sex of driver, driving record, deductible, and geographic location;(H) identify ways to reduce risk of identity theft and protect personal information;(I) describe and identify examples of common financial schemes and scams such as Ponzi schemes and pyramid, phishing, check cashing, and home renovation scams;(J) explain how consumer protection agencies protect consumers against fraud; and(K) explain the importance of estate planning, including guardianship of minor children, wills, beneficiary designation, power of attorney, living will, and medical directives.(10) Personal financial literacy skills. The student understands how to set personal financial goals. The student is expected to:(A) use problem-solving and decision-making processes to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution;(B) develop a budget that addresses short-, medium-, and long-term financial goals; and(C) explain why earning income, spending, credit, debt, saving and investing, and protecting and insuring assets are important parts of a comprehensive financial plan and develop a plan that incorporates these components.</content><note type="source"><p>Source Note: The provisions of this §113.76 adopted to be effective August 1, 2022, 47 TexReg 4511.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c113/scD"><num value="D">SUBCHAPTER D</num><heading>OTHER SOCIAL STUDIES COURSES</heading><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.101"><num value="113.101">§113.101</num><heading>Implementation of Texas Essential Knowledge and Skills for Social Studies, Other Social Studies Courses</heading><content>Implementation of the provisions of this subchapter begins with the effective date of the provision unless otherwise noted.</content><note type="source"><p>Source Note: The provisions of this §113.101 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.102"><num value="113.102">§113.102</num><heading>Advanced Placement (AP) United States History (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to meet either the course requirement for U.S. History for state graduation or elective course requirements.(b) Content requirements. Content requirements for Advanced Placement (AP) United States History are prescribed in the College Board Publication Advanced Placement Course in United States History, published by The College Board and in §113.41 of this title (relating to United States History Studies Since 1877 (One Credit), Adopted 2018).</content><note type="source"><p>Source Note: The provisions of this §113.102 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.103"><num value="113.103">§113.103</num><heading>Advanced Placement (AP) European History (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may not be used as a substitute for World History Studies.(b) Content requirements. Content requirements for Advanced Placement (AP) European History are prescribed in the College Board Publication Advanced Placement Course in European History, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §113.103 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.104"><num value="113.104">§113.104</num><heading>Advanced Placement (AP) World History (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used as a substitute for World History Studies.(b) Content requirements. Content requirements for Advanced Placement (AP) World History are prescribed in the College Board Publication Advanced Placement Course Description in World History, published by The College Board and in §113.42 of this title (relating to World History Studies (One Credit), Adopted 2018).</content><note type="source"><p>Source Note: The provisions of this §113.104 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.105"><num value="113.105">§113.105</num><heading>Advanced Placement (AP) Human Geography (One-Half to One Credit)</heading><content>(a) General requirements. Students shall be awarded either one-half credit or one credit for successful completion of this course. When completed for one credit, this course may be used as a substitute for World Geography Studies. When completed for one-half credit, this course may be used to meet only elective course requirements. (b) Content requirements. Content requirements for Advanced Placement (AP) Human Geography are prescribed in the College Board Publication Advanced Placement Course Description in Human Geography, published by The College Board and in §113.43 of this title (relating to World Geography Studies (One Credit), Adopted 2018) when taught as a one credit course. Content requirements for AP Human Geography are prescribed in the College Board Publication Advanced Placement Course Description in Human Geography, published by The College Board when taught as a one-half credit course.</content><note type="source"><p>Source Note: The provisions of this §113.105 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.106"><num value="113.106">§113.106</num><heading>Advanced Placement (AP) U.S. Government and Politics (One-Half Credit)</heading><content>(a) General requirements. Students shall be awarded one-half credit for successful completion of this course. This course may be used to meet the course requirement in Government for state graduation.(b) Content requirements. Content requirements for Advanced Placement (AP) U.S. Government and Politics are prescribed in the College Board Publication Advanced Placement Course in U.S. Government and Politics, published by The College Board and in §113.44 of this title (relating to United States Government (One-Half Credit), Adopted 2018).</content><note type="source"><p>Source Note: The provisions of this §113.106 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.107"><num value="113.107">§113.107</num><heading>Advanced Placement (AP) Comparative Government and Politics (One-Half Credit)</heading><content>(a) General requirements. Students shall be awarded one-half credit for successful completion of this course. This course may be used to meet only elective course requirements for state graduation. (b) Content requirements. Content requirements for Advanced Placement (AP) Comparative Government and Politics are prescribed in the College Board Publication Advanced Placement Course in Comparative Government and Politics, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §113.107 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.108"><num value="113.108">§113.108</num><heading>Advanced Placement (AP) Psychology (One-Half Credit)</heading><content>(a) General requirements. Students shall be awarded one-half credit for successful completion of this course. This course may be used to meet only elective course requirements for state graduation. (b) Content requirements. Content requirements for Advanced Placement (AP) Psychology are prescribed in the College Board Publication Advanced Placement Course in Psychology, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §113.108 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.109"><num value="113.109">§113.109</num><heading>International Baccalaureate (IB) History Standard Level (SL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB History SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.109 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.110"><num value="113.110">§113.110</num><heading>International Baccalaureate (IB) History of Africa and the Middle East Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB History of Africa and the Middle East HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.110 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.111"><num value="113.111">§113.111</num><heading>International Baccalaureate (IB) History of the Americas Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. One credit may be used to meet the course requirement in United States history for state graduation; the other credit may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB History of the Americas HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America and in §113.41 of this title (relating to United States History Studies Since 1877 (One Credit), Adopted 2018).</content><note type="source"><p>Source Note: The provisions of this §113.111 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.112"><num value="113.112">§113.112</num><heading>International Baccalaureate (IB) History of Asia and Oceania Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB History of Asia and Oceania HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.112 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.113"><num value="113.113">§113.113</num><heading>International Baccalaureate (IB) History of Europe Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB History of Europe HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.113 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.114"><num value="113.114">§113.114</num><heading>International Baccalaureate (IB) Geography Standard Level (SL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet required course requirements for state graduation.(b) Content requirements. Content requirements for IB Geography SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America and in §113.43 of this title (relating to World Geography Studies (One Credit), Adopted 2018).</content><note type="source"><p>Source Note: The provisions of this §113.114 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.115"><num value="113.115">§113.115</num><heading>International Baccalaureate (IB) Geography Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. One credit may be used to meet the course requirement in World Geography Studies for state graduation; the other credit may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Geography HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America and in §113.43 of this title (relating to World Geography Studies (One Credit), Adopted 2018).</content><note type="source"><p>Source Note: The provisions of this §113.115 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.116"><num value="113.116">§113.116</num><heading>International Baccalaureate (IB) Psychology Standard Level (SL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Psychology SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.116 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.117"><num value="113.117">§113.117</num><heading>International Baccalaureate (IB) Psychology Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Psychology HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.117 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.118"><num value="113.118">§113.118</num><heading>International Baccalaureate (IB) Social and Cultural Anthropology Standard Level (SL) (Two Credits)</heading><content>(a) General Requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Social and Cultural Anthropology SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from the International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.118 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.119"><num value="113.119">§113.119</num><heading>International Baccalaureate (IB) Social and Cultural Anthropology Higher Level (HL) (Two Credits)</heading><content>(a) General Requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Social and Cultural Anthropology HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from the International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.119 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.120"><num value="113.120">§113.120</num><heading>International Baccalaureate (IB) World Religions Standard Level (SL) (Two Credits)</heading><content>(a) General Requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB World Religions SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from the International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.120 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.121"><num value="113.121">§113.121</num><heading>International Baccalaureate (IB) Global Politics Standard Level (SL) (Two Credits)</heading><content>(a) General Requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Global Politics SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from the International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.121 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.122"><num value="113.122">§113.122</num><heading>International Baccalaureate (IB) Global Politics Higher Level (HL) (Two Credits)</heading><content>(a) General Requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Global Politics HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from the International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.122 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.123"><num value="113.123">§113.123</num><heading>Advanced Placement (AP) Microeconomics (One-Half Credit)</heading><content>(a) General requirements. This course may be used to meet required course requirements for state graduation. If Microeconomics is used to meet the required course requirement for state graduation, Macroeconomics may be used as a state-approved elective.(b) Content requirements. Content requirements for Advanced Placement (AP) Microeconomics are prescribed in the College Board Publication Advanced Placement Course in Microeconomics, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §113.123 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.124"><num value="113.124">§113.124</num><heading>Advanced Placement (AP) Macroeconomics (One-Half Credit)</heading><content>(a) General requirements. This course may be used to meet required course requirements for state graduation. If Macroeconomics is used to meet the required course requirement for state graduation, Microeconomics may be used as a state-approved elective.(b) Content requirements. Content requirements for Advanced Placement (AP) Macroeconomics are prescribed in the College Board Publication Advanced Placement Course in Macroeconomics published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §113.124 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.125"><num value="113.125">§113.125</num><heading>International Baccalaureate (IB) Economics Standard Level (SL) (Two Credits)</heading><content>(a) General requirements. One-half credit may be used to meet the course requirement in Economics for state graduation and one and one-half credits may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Economics SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.125 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c113/scD/s113.126"><num value="113.126">§113.126</num><heading>International Baccalaureate (IB) Economics Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. One-half credit may be used to meet the course requirement in Economics for state graduation and one and one-half credits may be used to meet only elective course requirements for state graduation.(b) Content requirements. Content requirements for IB Economics HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §113.126 adopted to be effective August 1, 2020, 45 TexReg 4180.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c114"><num value="114">CHAPTER 114</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR LANGUAGES OTHER THAN ENGLISH</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c114/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c114/scA/s114.3"><num value="114.3">§114.3</num><heading>Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Elementary, Adopted 2014</heading><content>(a) The provisions of this section and §114.4 of this title (relating to Languages Other Than English, Elementary, Adopted 2014) shall be implemented by school districts.(b) No later than August 31, 2016, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for languages other than English as adopted in §114.4 of this title.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §114.4 of this title shall be implemented beginning with the 2017-2018 school year and apply to the 2017-2018 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §114.4 of this title shall be implemented for the following school year.(e) Section 114.1 of this title (relating to Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Elementary) and §114.2 of this title (relating to Languages Other Than English, Elementary) shall be superseded by the implementation of this section and §114.4 of this title.</content><note type="source"><p>Source Note: The provisions of this §114.3 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective December 31, 2014, 39 TexReg 10471.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scA/s114.4"><num value="114.4">§114.4</num><heading>Languages Other Than English, Elementary, Adopted 2014</heading><content>(a) According to the National Standards for Foreign Language Learning, advanced level language proficiency is necessary for college and career readiness. To that end, students should have uninterrupted, consistent access to early standards-based learning experiences in languages other than English. School districts are strongly encouraged to offer languages other than English in the elementary grades in immersion or Foreign Language in Elementary Schools (FLES) settings with consistent and frequent exposure. For districts that offer languages in elementary school, the expected student outcomes are the same as those designated at levels I-IV in Subchapter C of this chapter (relating to Texas Essential Knowledge and Skills for Languages Other Than English).(b) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.</content><note type="source"><p>Source Note: The provisions of this §114.4 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c114/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c114/scB/s114.13"><num value="114.13">§114.13</num><heading>Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Middle School, Adopted 2014</heading><content>(a) The provisions of this section and §114.14 of this title (relating to Languages Other Than English, Middle School, Adopted 2014) shall be implemented by school districts.(b) No later than August 31, 2016, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for languages other than English as adopted in §114.14 of this title.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §114.14 of this title shall be implemented beginning with the 2017-2018 school year and apply to the 2017-2018 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §114.14 of this title shall be implemented for the following school year.(e) Section 114.11 of this title (relating to Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Middle School) and §114.12 of this title (relating to Languages Other Than English, Middle School) shall be superseded by the implementation of this section and §114.14 of this title.</content><note type="source"><p>Source Note: The provisions of this §114.13 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective December 31, 2014, 39 TexReg 10471.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scB/s114.14"><num value="114.14">§114.14</num><heading>Languages Other Than English, Middle School, Adopted 2014</heading><content>(a) According to the National Standards for Foreign Language Learning, advanced level language proficiency is necessary for college and career readiness. To that end, students should have uninterrupted, consistent access to early standards-based learning experiences in languages other than English. School districts are strongly encouraged to offer languages other than English in middle school. For districts that offer languages in middle school, the essential knowledge and skills are those designated as levels I-IV in Subchapter C of this chapter (relating to Texas Essential Knowledge and Skills for Languages Other Than English).(b) Students may be awarded one unit of high school credit per level for successful completion of the level or demonstration of equivalent proficiency and one-half to one unit of high school credit for successful completion of a non-sequential course.(c) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.</content><note type="source"><p>Source Note: The provisions of this §114.14 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c114/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.31"><num value="114.31">§114.31</num><heading>Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, High School, Adopted 2014</heading><content>(a) The provisions of this section and §§114.32-114.52 of this title shall be implemented by school districts.(b) The provisions of §114.33 of this title (relating to Special Topics in Language and Culture (One Credit), Adopted 2014) shall be implemented beginning with the 2014-2015 school year.(c) No later than August 31, 2016, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for languages other than English as adopted in §§114.32 and 114.34-114.52 of this title.(d) If the commissioner makes the determination that instructional materials funding has been made available under subsection (c) of this section, §§114.32 and 114.34-114.52 of this title shall be implemented beginning with the 2017-2018 school year and apply to the 2017-2018 and subsequent school years.(e) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (c) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§114.32 and 114.34-114.52 of this title shall be implemented for the following school year.(f) Sections 114.21-114.29 of this title shall be superseded by the implementation of this section and §§114.32-114.52 of this title.</content><note type="source"><p>Source Note: The provisions of this §114.31 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective November 3, 2014, 39 TexReg 8574.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.32"><num value="114.32">§114.32</num><heading>Discovering Languages and Cultures (One-Half to One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Discovering Languages and Cultures is a non-sequential elective course that can be offered in elementary, middle, or high school. At the high school level, students shall be awarded one-half to one elective credit for successful completion of this course.(2) Using age-appropriate activities, students explore a variety of aspects of one or more languages and cultures and/or develop basic language learning and communicative skills.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Discovery courses in LOTE allow the student to explore other languages and cultures. The student demonstrates an understanding of the elements of language(s), demonstrates an understanding of cultures, and develops effective language study skills. ACTFL has established guidelines for proficiency levels that are used as a basis for the Texas essential knowledge and skills for LOTE. ACTFL has identified national standards in the Standards for Foreign Language Learning in the 21st Century (the five C's of foreign language education). These standards describe the "what" (content) of world languages learning and form the core standards-based instruction in the world languages classroom.(5) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) The student demonstrates an understanding of the elements of language(s). The student is expected to:(A) engage in different types of language learning activities;(B) compare and contrast aspects of other languages to English and the student's native language; and(C) apply basic communication skills in the target language(s), including listening, speaking, reading, and writing.(2) The student demonstrates an understanding of cultures. The student is expected to:(A) identify and describe cultural practices in selected regions or countries;(B) recognize the cultural products such as art, music, food, clothing, or other culturally related examples in selected regions or countries; and(C) compare and contrast aspects of other cultures to the student's own culture.(3) The student develops effective language study skills. The student is expected to:(A) engage in a variety of language learning strategies such as identifying cognates and recognizing word origins; and(B) demonstrate an awareness of language patterns such as word/character order, grammatical structures, and symbols.</content><note type="source"><p>Source Note: The provisions of this §114.32 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.33"><num value="114.33">§114.33</num><heading>Special Topics in Language and Culture (One Credit), Adopted 2014</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course cannot be considered a part of the coherent sequence of languages other than English (LOTE) courses required for any endorsement. This course will not count as a level II LOTE course. Students who desire to continue with LOTE study will need to take level II or higher LOTE courses. This course may be substituted for a level II LOTE course upon approval by:(1) the student's level I LOTE classroom teacher, the principal or designee, and the student's parent or person standing in parental relation who determine that the student is not likely to be successful in a level II LOTE course;(2) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A; or(3) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, §794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral, written, or signed communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken, written, or signed communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, or visual materials.(C) In the presentational mode of communication, students present orally, in writing, or in sign, information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to a signing or presenting orally to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for LOTE. The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) In the Special Topics in Language and Culture course, students demonstrate novice level communication skills acquired in a LOTE level I course, develop a greater understanding of other cultures, make connections to other disciplines, draw comparisons between languages and cultures, and effectively engage in global communities. Students enhance their personal and public lives, and meet the career demands of the 21st century, by gaining insight into other world languages and cultures.(5) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Communication. The student communicates an understanding of the elements of languages. The student is expected to:(A) introduce self and others using basic, culturally-appropriate greetings;(B) ask simple questions and provide simple responses related to personal preferences; and(C) exchange essential information about self, family, and familiar topics.(2) Cultures. The student identifies the practices, products, and perspectives of selected cultures. The student is expected to:(A) identify and describe selected cultural practices and perspectives such as traditions, daily life, and celebrations;(B) examine significant historic and contemporary influences from the cultures studied such as explorers, artists, musicians, and athletes; and(C) describe various products across cultures such as food, shelter, clothing, transportation, sports and recreation, music, art, and dance.(3) Connections. The student describes connections between world languages and other disciplines. The student is expected to:(A) use authentic materials such as maps, graphs, graphic organizers, and other print and visual materials or literature to reinforce comprehension and expression of basic vocabulary in the target language; and(B) research and present information on historical and contemporary cultural influences.(4) Comparisons. The student develops insight into the nature of the target language and culture by comparing the student's own language and culture to another. The student is expected to:(A) compare and contrast selected cultural practices and perspectives such as traditions, daily life, and celebrations to student's own culture;(B) give examples of cognates, false cognates, idiomatic expressions, or sentence structure to show understanding of how languages are alike and different; and(C) demonstrate how media such as television, Internet, newspapers, and advertisements represent selected cultural similarities and differences.(5) Communities. The student gains an understanding of cultures represented by LOTE to enhance global perspective, personal growth, and enrichment. The student is expected to:(A) participate in cultural events in local, global, or online communities and discuss experiences and perspectives gained;(B) research careers in which cross-cultural awareness or LOTE language skills are needed; and(C) describe how cultural awareness impacts personal growth.</content><note type="source"><p>Source Note: The provisions of this §114.33 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.34"><num value="114.34">§114.34</num><heading>American Sign Language, Level I (One Credit), Adopted 2014</heading><content>(a) General requirements. Level I can be offered in elementary, middle, or high school. At the high school level, students shall be awarded one credit for successful completion of this course. There is no prerequisite required for this course.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage receptively and expressively in conversations, to present information expressively to an audience, and to comprehend cultural and linguistic aspects of the language. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct signed communication with others without voice. Examples of this "two-way" communication include but are not limited to signing face to face or in a group discussion. Interpersonal communication includes receptive and expressive skills.(B) In interpretive (receptive) mode of communication, students demonstrate understanding of receptively viewed communication within appropriate cultural contexts. Examples of this type of "one-way" receptive comprehension include but are not limited to American Sign Language (ASL) video weblogs (or vlogs), other signed presentations, and signed DVD conversations.(C) In presentational (expressive) mode of communication, students present information in expressive form without voice to an audience of receptive listeners with whom there is no immediate expressive interaction. Examples of this "one-to-many" mode of communication include but are not limited to an expressively signed presentation to a group or recorded presentation where there is no receptive listener present to respond.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) ASL difficulty has been determined by standards of the Foreign Service Institute and Defense Language Institute as a Level IV out of four (Level IV being the most difficult). The American Sign Language Teachers Association (ASLTA) states the challenge to ASL is primarily in the modality of learning. This conclusion is based on the complex grammar system and significant structural and cultural differences in the language. Students are generally seated in a semi-circle to facilitate visual communication, notes cannot be taken without looking away from the primary source of information, and instruction occurs in the target language where learning is done spatially and words are not processed sequentially. The linear nature of spoken language cannot be used in ASL and the simultaneous expression of complex units is used. The level of difficulty of ASL should be noted.(5) While other languages possess a spoken and/or written element, ASL incorporates manual components with no verbal and/or written form. ASL is a fully developed natural language that is used by members of the North American Deaf Community. The language is distinct from gestures seen in spoken languages in that signs used in ASL are controlled by the structures of its linguistic system, independent of English. ASL encompasses all of the features that make a language a unique, rule-governed communication system. ASL includes handshapes, movements, and other grammatical features needed to form signs and sentences, and parts combine to make wholes. It is not a simplified language and contains structures and processes that English does not. The premise of Deaf culture is rooted in the language itself and cannot be separated.(6) ASL is a signed language where the modes of communication involve different skills than written and/or spoken languages. ASL is not a formal written language; glossing is the term used to describe a chosen written system of symbols devised to transcribe signs and nonmanual signals to an English equivalent. Since ASL information is received visually and not in an auditory manner, communication skills in ASL are defined as follows:(A) interpretive listening and reading targets are called interpretive receptive;(B) one-to-one interpersonal targets are called receptive and expressive; and(C) one-to-many presentational speaking is expressed through signs and the target is presentational expressive.(7) Using age-appropriate materials, students in ASL Level I develop the ability to perform the tasks of the novice language learner. The novice language learner, when dealing with familiar topics, should understand ASL phrases receptively and respond expressively with learned material; sign learned words, concepts, phrases, and sentences; recognize the importance of communication and how it applies to the American Deaf culture; and recognize the importance of accuracy of expression by knowing the components of ASL. Students use expressive and receptive skills for comprehension.(8) ASL Level I proficiency levels, as defined by ACTFL and ASLTA, are as follows: interpersonal receptive, novice mid; interpersonal expressive, novice mid; interpretive receptive, novice high; and presentational expressive, novice high.(9) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills at the prescribed proficiency level and communicate across all modes of communication. According to ASLTA's National K-16 ASL Standards, "heritage language learning is an emerging issue in ASL instruction. The formal instruction of ASL to deaf is a very recent phenomenon, as is the availability of ASL instruction in K-12 settings for hearing children of deaf parents. Heritage language learning is an important and developing interest in the field of ASL teaching and learning."(10) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Communication. The student communicates in ASL using expressive and receptive communication skills without voice. The student is expected to:(A) engage in a variety of ASL exchanges of learned material to socialize and to provide and obtain information;(B) demonstrate an understanding of basic ASL such as simple stories, everyday commands, and brief instructions when dealing with familiar topics;(C) convey information in ASL using familiar words, concepts, classifiers, phrases, and sentences to others without voice;(D) demonstrate appropriate usage of ASL phonology, morphology, syntax, semantics, and pragmatics; and(E) be exposed to and experience ASL literature such as handshape stories that follows traditional cultural features.(2) Cultures. The student gains knowledge and understanding of American Deaf culture. The student is expected to:(A) recognize and use Deaf cultural norms to demonstrate an understanding of the perspectives of American Deaf culture;(B) show evidence of appreciation of ASL literature created by the Deaf and how it applies to the perspectives of American Deaf culture;(C) show evidence of appreciation of the contributions by the Deaf and how they are applied to the perspectives of American Deaf culture such as historical, geographical, political, artistic, and scientific avenues; and(D) demonstrate an understanding of Deaf history and how it applies to the perspectives of American Deaf culture.(3) Connections. The student uses ASL to make connections with other subject areas and to acquire information. The student is expected to:(A) use resources and digital technology to gain access to information about ASL and Deaf culture; and(B) use ASL to obtain, reinforce, or expand knowledge of other subject areas.(4) Comparisons. The student develops insight into the nature of language and culture by comparing the student's own language and culture to ASL and American Deaf culture. The student is expected to:(A) demonstrate an understanding of the nature of language through comparisons of the student's own language and ASL;(B) demonstrate an understanding of the nature of culture through comparisons of the student's own culture and the American Deaf culture; and(C) demonstrate an understanding of how one language and culture can influence another.(5) Communities. The student participates in the Deaf/ASL community by using ASL. The student is expected to:(A) apply ASL at the novice proficiency level in or out of the school setting through involvement in cultural activities such as attending Deaf events;(B) be aware of methods of technology to communicate with the Deaf/ASL community; and(C) show evidence of becoming a lifelong learner by using ASL at the novice proficiency level for personal enrichment and/or career development.</content><note type="source"><p>Source Note: The provisions of this §114.34 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.35"><num value="114.35">§114.35</num><heading>American Sign Language, Level II (One Credit), Adopted 2014</heading><content>(a) General requirements. Level II can be offered in elementary, middle, or high school. At the high school level, students shall be awarded one credit for successful completion of this course. American Sign Language (ASL) Level I is a prerequisite for this course.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage receptively and expressively in conversations, to present information expressively to an audience, and to comprehend cultural and linguistic aspects of the language. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct signed communication with others without voice. Examples of this "two-way" communication include but are not limited to signing face to face or in a group discussion. Interpersonal communication includes receptive and expressive skills.(B) In interpretive (receptive) mode of communication, students demonstrate understanding of receptively viewed communication within appropriate cultural contexts. Examples of this type of "one-way" receptive comprehension include but are not limited to ASL video weblogs (or vlogs), other signed presentations, and signed DVD conversations.(C) In presentational (expressive) mode of communication, students present information in expressive form without voice to an audience of receptive listeners with whom there is no immediate expressive interaction. Examples of this "one-to-many" mode of communication include but are not limited to an expressively signed presentation to a group or recorded presentation where there is no receptive listener present to respond.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) ASL difficulty has been determined by standards of the Foreign Service Institute and Defense Language Institute as a Level IV out of four (Level IV being the most difficult). The American Sign Language Teachers Association (ASLTA) states the challenge to ASL is primarily in the modality of learning. This conclusion is based on the complex grammar system and significant structural and cultural differences in the language. Students are generally seated in a semi-circle to facilitate visual communication, notes cannot be taken without looking away from the primary source of information, and instruction occurs in the target language where learning is done spatially and words are not processed sequentially. The linear nature of spoken language cannot be used in ASL and the simultaneous expression of complex units is used. The level of difficulty of ASL should be noted.(5) While other languages possess a spoken and/or written element, ASL incorporates manual components with no verbal and/or written form. ASL is a fully developed natural language that is used by members of the North American Deaf Community. The language is distinct from gestures seen in spoken languages in that signs used in ASL are controlled by the structures of its linguistic system, independent of English. ASL encompasses all of the features that make a language a unique, rule-governed communication system. ASL includes handshapes, movements, and other grammatical features needed to form signs and sentences, and parts combine to make wholes. It is not a simplified language and contains structures and processes that English does not. The premise of Deaf culture is rooted in the language itself and cannot be separated.(6) ASL is a signed language where the modes of communication involve different skills than written and/or spoken languages. ASL is not a formal written language; glossing is the term used to describe a chosen written system of symbols devised to transcribe signs and nonmanual signals to an English equivalent. Since ASL information is received visually and not in an auditory manner, communication skills in ASL are defined as follows:(A) interpretive listening and reading targets are called interpretive receptive;(B) one-to-one interpersonal targets are called receptive and expressive; and(C) one-to-many presentational speaking is expressed through signs and the target is presentational expressive.(7) Using age-appropriate materials, students in ASL Level II develop the ability to perform the tasks of the novice-to-intermediate language learner. The novice-to-intermediate language learner, when dealing with familiar topics, should understand ASL phrases receptively and respond expressively with learned material; sign learned words, concepts, phrases, and sentences; recognize the importance of communication and how it applies to the American Deaf culture; and recognize the importance of accuracy of expression by knowing the components of ASL. Students use expressive and receptive skills for comprehension.(8) ASL Level II proficiency levels, as defined by ACTFL and ASLTA, are as follows: interpersonal receptive, novice mid; interpersonal expressive, intermediate low; interpretive receptive, intermediate low; and presentational expressive, intermediate mid.(9) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills at the prescribed proficiency level and communicate across all modes of communication. According to ASLTA's National K-16 ASL Standards, "heritage language learning is an emerging issue in ASL instruction. The formal instruction of ASL to deaf is a very recent phenomenon, as is the availability of ASL instruction in K-12 settings for hearing children of deaf parents. Heritage language learning is an important and developing interest in the field of ASL teaching and learning."(10) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Communication. The student communicates in ASL using expressive and receptive communication skills without voice. The student is expected to:(A) engage in a variety of ASL exchanges of learned material to socialize and to provide and obtain information;(B) demonstrate an understanding of ASL such as stories, everyday commands, and instructions when dealing with familiar topics;(C) convey information in ASL using concepts, classifiers, phrases, and sentences to others without voice;(D) demonstrate appropriate usage of ASL phonology, morphology, syntax, semantics, and pragmatics; and(E) create and express ASL literature, including handshape stories, that follows traditional cultural features.(2) Cultures. The student gains knowledge and understanding of American Deaf culture. The student is expected to:(A) recognize and use Deaf cultural norms to demonstrate, in writing or ASL, an understanding of the perspectives of American Deaf culture;(B) show evidence of appreciation of ASL literature created by the Deaf and how it applies to the perspectives of American Deaf culture;(C) show evidence of appreciation of the contributions to arts and sciences by the Deaf and how they are applied to the perspectives of American Deaf culture; and(D) demonstrate an understanding of Deaf history and how it applies to the perspectives of American Deaf culture.(3) Connections. The student uses ASL to make connections with other subject areas and to acquire information. The student is expected to:(A) use resources and digital technology to gain access to information about ASL and Deaf culture; and(B) use ASL to obtain, reinforce, or expand knowledge of other subject areas.(4) Comparisons. The student develops or expands insight into the nature of language and culture by comparing the student's own language and culture to ASL and American Deaf culture. The student is expected to:(A) demonstrate an understanding of the nature of language through comparisons of the student's own language and ASL;(B) demonstrate an understanding of the nature of culture through comparisons of the student's own culture and the American Deaf culture; and(C) demonstrate an understanding of how one language and culture can influence another.(5) Communities. The student participates in the Deaf/ASL community by using ASL. The student is expected to:(A) apply ASL at the novice-to-intermediate proficiency level in or out of the school setting through involvement in cultural activities such as attending Deaf events;(B) use technology to communicate with the Deaf/ASL community; and(C) show evidence of becoming a lifelong learner by using ASL at the novice-to-intermediate proficiency level for personal enrichment and career development.</content><note type="source"><p>Source Note: The provisions of this §114.35 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.36"><num value="114.36">§114.36</num><heading>American Sign Language, Level III (One Credit), Adopted 2014</heading><content>(a) General requirements. Level III can be offered in middle or high school. At the high school level, students shall be awarded one credit for successful completion of this course. American Sign Language (ASL) Levels I and II are prerequisites for this course.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage receptively and expressively in conversations, to present information expressively to an audience, and to comprehend cultural and linguistic aspects of the language. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct signed communication with others without voice. Examples of this "two-way" communication include but are not limited to signing face to face or in a group discussion. Interpersonal communication includes receptive and expressive skills.(B) In interpretive (receptive) mode of communication, students demonstrate understanding of receptively viewed communication within appropriate cultural contexts. Examples of this type of "one-way" receptive comprehension include but are not limited to ASL video weblogs (or vlogs), other signed presentations, and signed DVD conversations.(C) In presentational (expressive) mode of communication, students present information in expressive form without voice to an audience of receptive listeners with whom there is no immediate expressive interaction. Examples of this "one-to-many" mode of communication include but are not limited to an expressively signed presentation to a group or recorded in some way where there is no receptive listener present to respond.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) ASL difficulty has been determined by standards of the Foreign Service Institute and Defense Language Institute as a Level IV out of four (Level IV being the most difficult). The American Sign Language Teachers Association (ASLTA) states the challenge to ASL is primarily in the modality of learning. This conclusion is based on the complex grammar system and significant structural and cultural differences in the language. Students are generally seated in a semi-circle to facilitate visual communication, notes cannot be taken without looking away from the primary source of information, and instruction occurs in the target language where learning is done spatially and words are not processed sequentially. The linear nature of spoken language cannot be used in ASL and the simultaneous expression of complex units is used. The level of difficulty of ASL should be noted.(5) While other languages possess a spoken and/or written element, ASL incorporates manual components with no verbal and/or written form. ASL is a fully developed natural language that is used by members of the North American Deaf Community. The language is distinct from gestures seen in spoken languages in that signs used in ASL are controlled by the structures of its linguistic system, independent of English. ASL encompasses all of the features that make a language a unique, rule-governed communication system. ASL includes handshapes, movements, and other grammatical features needed to form signs and sentences, and parts combine to make wholes. It is not a simplified language and contains structures and processes that English does not. The premise of Deaf culture is rooted in the language itself and cannot be separated.(6) ASL is a signed language where the modes of communication involve different skills than written and/or spoken languages. ASL is not a formal written language; glossing is the term used to describe a chosen written system of symbols devised to transcribe signs and nonmanual signals to an English equivalent. Since ASL information is received visually and not in an auditory manner, communication skills in ASL are defined as follows:(A) interpretive listening and reading targets are called interpretive receptive;(B) one-to-one interpersonal targets are called receptive and expressive; and(C) one-to-many presentational speaking is expressed through signs and the target is presentational expressive.(7) Using age-appropriate activities, students in ASL Level III expand their ability to perform novice tasks and develop their ability to perform the tasks of the intermediate language learner. The intermediate language learner, when dealing with everyday topics, should understand ASL phrases receptively and respond expressively with learned material; sign learned words, concepts, phrases, and sentences; apply acquired knowledge of Deaf cultural norms to the development of communication skills; and apply knowledge of the components of ASL to increase accuracy of expression. Students use expressive and receptive skills for comprehension.(8) ASL Level III proficiency levels, as defined by ACTFL and ASLTA, are as follows: interpersonal receptive, intermediate mid; interpersonal expressive, advanced low; interpretive receptive, intermediate low; and presentational expressive, advanced low.(9) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills at the prescribed proficiency level and communicate across all modes of communication. According to ASLTA's National K-16 ASL Standards, "heritage language learning is an emerging issue in ASL instruction. The formal instruction of ASL to deaf is a very recent phenomenon, as is the availability of ASL instruction in K-12 settings for hearing children of deaf parents. Heritage language learning is an important and developing interest in the field of ASL teaching and learning."(10) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Communication. The student communicates in ASL using expressive and receptive communication skills without voice. The student is expected to:(A) engage in a variety of ASL exchanges of learned material to socialize and to provide and obtain information at an intermediate proficiency level;(B) demonstrate an understanding of ASL such as stories, commands, and instructions when dealing with familiar and less familiar topics;(C) convey information in ASL using concepts, classifiers, phrases, and sentences to others without voice at the intermediate proficiency level;(D) demonstrate appropriate usage of ASL phonology, morphology, syntax, semantics, and pragmatics at the intermediate proficiency level; and(E) create and express ASL literature, including handshape stories, that follows traditional cultural features.(2) Cultures. The student gains knowledge and understanding of American Deaf culture. The student is expected to:(A) apply ASL to recognize and use Deaf cultural norms to demonstrate an understanding of the perspectives of American Deaf culture;(B) apply ASL to show evidence of appreciation of ASL literature created by the Deaf and how it applies to the perspectives of American Deaf culture;(C) apply ASL to show evidence of appreciation of the contributions to arts and sciences by the Deaf and how they are applied to the perspectives of American Deaf culture; and(D) demonstrate an in-depth understanding of Deaf history and how it applies to the perspectives of American Deaf culture.(3) Connections. The student uses ASL to make connections with other subject areas and to acquire information. The student is expected to:(A) use resources and digital technology to gain access to in-depth information about ASL and Deaf culture; and(B) apply ASL at the intermediate proficiency level to obtain, reinforce, or expand knowledge of other subject areas.(4) Comparisons. The student expands insight into the nature of language and culture by comparing the student's own language and culture to ASL and American Deaf culture. The student is expected to:(A) apply ASL at the intermediate proficiency level to demonstrate an understanding of the nature of language through comparisons of the student's own language and ASL;(B) apply ASL at the intermediate proficiency level to demonstrate an understanding of the nature of culture through comparisons of the student's own culture and the American Deaf culture; and(C) apply ASL at the intermediate proficiency level to demonstrate an understanding of how one language and culture can influence another.(5) Communities. The student participates in the Deaf/ASL community by using ASL. The student is expected to:(A) apply ASL at the intermediate proficiency level in or out of the school setting through involvement in cultural activities such as attending Deaf events;(B) use technology to communicate with the Deaf/ASL community; and(C) show evidence of becoming a lifelong learner by using ASL at the intermediate proficiency level for personal enrichment and career development.</content><note type="source"><p>Source Note: The provisions of this §114.36 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.37"><num value="114.37">§114.37</num><heading>American Sign Language, Level IV (One Credit), Adopted 2014</heading><content>(a) General requirements. Level IV can be offered in middle or high school. At the high school level, students shall be awarded one credit for successful completion of this course. American Sign Language (ASL) Levels I, II, and III are prerequisites for this course.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage receptively and expressively in conversations, to present information expressively to an audience, and to comprehend cultural and linguistic aspects of the language. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct signed communication with others without voice. Examples of this "two-way" communication include but are not limited to signing face to face or in a group discussion. Interpersonal communication includes receptive and expressive skills.(B) In interpretive (receptive) mode of communication, students demonstrate understanding of receptively viewed communication within appropriate cultural contexts. Examples of this type of "one-way" receptive comprehension include but are not limited to ASL video weblogs (or vlogs), other signed presentations, and signed DVD conversations.(C) In presentational (expressive) mode of communication, students present information in expressive form without voice to an audience of receptive listeners with whom there is no immediate expressive interaction. Examples of this "one-to-many" mode of communication include but are not limited to an expressively signed presentation to a group or recorded in some way where there is no receptive listener present to respond.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) ASL difficulty has been determined by standards of the Foreign Service Institute and Defense Language Institute as a Level IV out of four (Level IV being the most difficult). The American Sign Language Teachers Association (ASLTA) states the challenge to ASL is primarily in the modality of learning. This conclusion is based on the complex grammar system and significant structural and cultural differences in the language. Students are generally seated in a semi-circle to facilitate visual communication, notes cannot be taken without looking away from the primary source of information, and instruction occurs in the target language where learning is done spatially and words are not processed sequentially. The linear nature of spoken language cannot be used in ASL and the simultaneous expression of complex units is used. The level of difficulty of ASL should be noted.(5) While other languages possess a spoken and/or written element, ASL incorporates manual components with no verbal and/or written form. ASL is a fully developed natural language that is used by members of the North American Deaf Community. The language is distinct from gestures seen in spoken languages in that signs used in ASL are controlled by the structures of its linguistic system, independent of English. ASL encompasses all of the features that make a language a unique, rule-governed communication system. ASL includes handshapes, movements, and other grammatical features needed to form signs and sentences, and parts combine to make wholes. It is not a simplified language and contains structures and processes that English does not. The premise of Deaf culture is rooted in the language itself and cannot be separated.(6) ASL is a signed language where the modes of communication involve different skills than written and/or spoken languages. ASL is not a formal written language; glossing is the term used to describe a chosen written system of symbols devised to transcribe signs and nonmanual signals to an English equivalent. Since ASL information is received visually and not in an auditory manner, communication skills in ASL are defined as follows:(A) interpretive listening and reading targets are called interpretive receptive;(B) one-to-one interpersonal targets are called receptive and expressive; and(C) one-to-many presentational speaking is expressed through signs and the target is presentational expressive.(7) Using age-appropriate activities, students in ASL Level IV expand their ability to perform novice tasks and develop their ability to perform the tasks of the intermediate-to-advanced language learner. The intermediate-to-advanced language learner, when dealing with everyday topics, should understand ASL phrases receptively and respond expressively with learned material at an intermediate-to-advanced proficiency level; sign learned words, concepts, phrases, and sentences at an intermediate-to-advanced proficiency level; apply acquired knowledge of Deaf cultural norms to the development of communication skills; and apply knowledge of the components of ASL to increase accuracy of expression. Students use expressive and receptive skills for comprehension.(8) ASL Level IV proficiency levels, as defined by ACTFL and ASLTA, are as follows: interpersonal receptive, intermediate high; interpersonal expressive, advanced high; interpretive receptive, intermediate high; and presentational expressive, advanced high.(9) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills at the prescribed proficiency level and communicate across all modes of communication. According to ASLTA's National K-16 ASL Standards, "heritage language learning is an emerging issue in ASL instruction. The formal instruction of ASL to deaf is a very recent phenomenon, as is the availability of ASL instruction in K-12 settings for hearing children of deaf parents. Heritage language learning is an important and developing interest in the field of ASL teaching and learning."(10) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Communication. The student communicates in ASL using expressive and receptive communication skills without voice. The student is expected to:(A) engage in a variety of ASL exchanges of learned material to socialize and to provide and obtain information at an intermediate-to-advanced proficiency level;(B) demonstrate an understanding of ASL such as stories, commands, and instructions when dealing with familiar and unfamiliar topics;(C) convey information in ASL using concepts, classifiers, phrases, and sentences to others without voice at the intermediate-to-advanced proficiency level;(D) demonstrate appropriate usage of ASL phonology, morphology, syntax, semantics, and pragmatics at the intermediate-to-advanced proficiency level; and(E) create and express ASL literature, including handshape stories, that follows traditional cultural features.(2) Cultures. The student gains knowledge and understanding of American Deaf culture. The student is expected to:(A) apply ASL to recognize and use Deaf cultural norms to demonstrate an understanding of the perspectives of American Deaf culture;(B) apply ASL to show evidence of appreciation of ASL literature created by the Deaf and how it applies to the perspectives of American Deaf culture;(C) apply ASL to show evidence of appreciation of the contributions to arts and sciences by the Deaf and how they are applied to the perspectives of American Deaf culture; and(D) demonstrate an in-depth understanding of Deaf history and how it applies to the perspectives of American Deaf culture.(3) Connections. The student uses ASL to make connections with other subject areas and to acquire information. The student is expected to:(A) use resources and digital technology to gain access to extensive information on ASL and Deaf culture; and(B) apply ASL at the intermediate-to-advanced proficiency level to obtain, reinforce, or expand knowledge of other subject areas.(4) Comparisons. The student expands insight into the nature of language and culture by comparing the student's own language and culture to ASL and American Deaf culture. The student is expected to:(A) apply ASL at the intermediate-to-advanced proficiency level to demonstrate an understanding of the nature of language through comparisons of the student's own language and ASL;(B) apply ASL at the intermediate-to-advanced proficiency level to demonstrate an understanding of the nature of culture through comparisons of the student's own culture and the American Deaf culture; and(C) apply ASL at the intermediate-to-advanced proficiency level to demonstrate an understanding of how one language and culture can influence another.(5) Communities. The student participates in the Deaf/ASL community by using ASL. The student is expected to:(A) apply ASL at the intermediate-to-advanced proficiency level in or out of the school setting through involvement in cultural activities such as attending Deaf events;(B) use technology to communicate with the Deaf/ASL community; and(C) show evidence of becoming a lifelong learner by using ASL at the intermediate-to-advanced proficiency level for personal enrichment and career development.</content><note type="source"><p>Source Note: The provisions of this §114.37 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.38"><num value="114.38">§114.38</num><heading>American Sign Language, Advanced Independent Study (One Credit), Adopted 2014</heading><content>(a) General requirements. American Sign Language Advanced Independent Study (ASL AIS) can be offered in high school. Students shall be awarded one credit for successful completion of this course. This course can be taken up to three times for state credit. ASL Levels I, II, III, and IV are prerequisites for this course.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage receptively and expressively in conversations, to present information expressively to an audience, and to comprehend cultural and linguistic aspects of the language. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct signed communication with others without voice. Examples of this "two-way" communication include but are not limited to signing face to face or in a group discussion. Interpersonal communication includes receptive and expressive skills.(B) In interpretive (receptive) mode of communication, students demonstrate understanding of receptively viewed communication within appropriate cultural contexts. Examples of this type of "one-way" receptive comprehension include but are not limited to ASL video weblogs (or vlogs), other signed presentations, and signed DVD conversations.(C) In presentational (expressive) mode of communication, students present information in expressive form without voice to an audience of receptive listeners with whom there is no immediate expressive interaction. Examples of this "one-to-many" mode of communication include but are not limited to an expressively signed presentation to a group or recorded in some way where there is no receptive listener present to respond.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) ASL difficulty has been determined by standards of the Foreign Service Institute and Defense Language Institute as a Level IV out of four (Level IV being the most difficult). The American Sign Language Teachers Association (ASLTA) states the challenge to ASL is primarily in the modality of learning. This conclusion is based on the complex grammar system and significant structural and cultural differences in the language. Students are generally seated in a semi-circle to facilitate visual communication, notes cannot be taken without looking away from the primary source of information, and instruction occurs in the target language where learning is done spatially and words are not processed sequentially. The linear nature of spoken language cannot be used in ASL and the simultaneous expression of complex units is used. The level of difficulty of ASL should be noted.(5) While other languages possess a spoken and/or written element, ASL incorporates manual components with no verbal and/or written form. ASL is a fully developed natural language that is used by members of the North American Deaf Community. The language is distinct from gestures seen in spoken languages in that signs used in ASL are controlled by the structures of its linguistic system, independent of English. ASL encompasses all of the features that make a language a unique, rule-governed communication system. ASL includes handshapes, movements, and other grammatical features needed to form signs and sentences, and parts combine to make wholes. It is not a simplified language and contains structures and processes that English does not. The premise of Deaf culture is rooted in the language itself and cannot be separated.(6) ASL is a signed language where the modes of communication involve different skills than written and/or spoken languages. ASL is not a formal written language; glossing is the term used to describe a chosen written system of symbols devised to transcribe signs and nonmanual signals to an English equivalent. Since ASL information is received visually and not in an auditory manner, communication skills in ASL are defined as follows:(A) interpretive listening and reading targets are called interpretive receptive;(B) one-to-one interpersonal targets are called receptive and expressive; and(C) one-to-many presentational speaking is expressed through signs and the target is presentational expressive.(7) Using age-appropriate activities, students in ASL Advanced Independent Study expand their ability to perform intermediate-to-advanced tasks and develop their ability to perform the tasks of the advanced language learner. The advanced language learner, when dealing with everyday topics, should understand ASL phrases receptively and respond expressively with learned material at an intermediate-to-advanced proficiency level; sign learned words, concepts, phrases, and sentences at an advanced proficiency level; apply acquired knowledge of Deaf cultural norms to the development of extensive communication skills; and apply knowledge of the components of ASL to increase accuracy of expression. Students use expressive and receptive skills for comprehension.(8) ASL Advanced Independent Study proficiency levels, as defined by ACTFL and ASLTA, are as follows: interpersonal receptive, advanced; interpersonal expressive, advanced; interpretive receptive, novice intermediate; and presentational expressive, advanced.(9) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills at the prescribed proficiency level and communicate across all modes of communication. According to ASLTA's National K-16 ASL Standards, "heritage language learning is an emerging issue in ASL instruction. The formal instruction of ASL to deaf is a very recent phenomenon, as is the availability of ASL instruction in K-12 settings for hearing children of deaf parents. Heritage language learning is an important and developing interest in the field of ASL teaching and learning."(10) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Communication. The student communicates in ASL using expressive and receptive communication skills without voice. The student is expected to:(A) engage in a variety of ASL exchanges of learned material to socialize and to provide and obtain information at an advanced proficiency level;(B) demonstrate an in-depth understanding of ASL such as stories, commands, and instructions when dealing with familiar and unfamiliar topics;(C) convey information in ASL using concepts, classifiers, phrases, and sentences to others without voice at the advanced proficiency level;(D) demonstrate appropriate usage of ASL phonology, morphology, syntax, semantics, and pragmatics at the advanced proficiency level; and(E) create and express ASL literature, including handshape stories, that follows traditional cultural features.(2) Cultures. The student gains knowledge and understanding of American Deaf culture. The student is expected to:(A) apply ASL to recognize and use Deaf cultural norms to demonstrate an in-depth understanding of the perspectives of American Deaf culture;(B) apply ASL to show evidence of an in-depth appreciation of ASL literature created by the Deaf and how it applies to the perspectives of American Deaf culture;(C) apply ASL to show evidence of an in-depth appreciation of the contributions to arts and sciences by the Deaf and how they are applied to the perspectives of American Deaf culture; and(D) demonstrate an in-depth understanding of Deaf history and how it applies to the perspectives of American Deaf culture.(3) Connections. The student uses ASL to make connections with other subject areas and to acquire information. The student is expected to:(A) use resources and digital technology to gain access to extensive information about ASL and Deaf culture; and(B) apply ASL at the advanced proficiency level to obtain, reinforce, or expand knowledge of other subject areas.(4) Comparisons. The student expands insight into the nature of language and culture by comparing the student's own language and culture to ASL and American Deaf culture. The student is expected to:(A) apply ASL at the advanced proficiency level to demonstrate an understanding of the nature of language through comparisons of the student's own language and ASL;(B) apply ASL at the advanced proficiency level to demonstrate an understanding of the nature of culture through comparisons of the student's own culture and the American Deaf culture; and(C) apply ASL at the advanced proficiency level to demonstrate an understanding of how one language and culture can influence another.(5) Communities. The student participates in the Deaf/ASL community by using ASL. The student is expected to:(A) apply ASL at the advanced proficiency level in or out of the school setting through involvement in cultural activities such as attending Deaf events;(B) use technology to communicate with the Deaf/ASL community; and(C) show evidence of becoming a lifelong learner by using ASL at the advanced proficiency level for personal enrichment and career development.</content><note type="source"><p>Source Note: The provisions of this §114.38 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.39"><num value="114.39">§114.39</num><heading>Level I, Novice Mid to Novice High Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level I can be offered in elementary, middle, or high school. At the high school level, students shall be awarded one credit for successful completion of this course. There is no prerequisite for this course.(2) Students of logographic languages such as Chinese and Japanese and non-Romance and non-Germanic languages such as Arabic and Russian will require more time to achieve proficiency, especially in reading and writing. Initially, the skill focus should be placed on speaking and listening without ignoring reading and writing in the target language's writing system. As the students become more proficient, a balanced emphasis of all four skills becomes more attainable.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, register, appropriate discourse level, and text type.(5) Students in Level I are expected to reach a proficiency level of Novice Mid to Novice High, as defined in the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Novice Mid proficiency level express meaning in highly predictable contexts through the use of memorized and recalled words and phrases. They are best able to understand aural cognates, borrowed words, and high-frequency, highly contextualized words and phrases with repetition. Novice Mid students may be difficult to understand by the most sympathetic listeners and readers accustomed to dealing with language learners. Novice Mid students are inconsistently successful when performing Novice-level tasks.(B) Students at the Novice High proficiency level express meaning in simple, predictable contexts through the use of learned and recombined phrases and short sentences. They are best able to understand sentence-length information within highly contextualized situations and sources. Novice High students may generally be understood by sympathetic listeners and readers accustomed to dealing with language learners. Novice High students are consistently successful when performing Novice-level tasks. Novice High students show evidence of Intermediate Low proficiency but lack consistency.(C) By the end of Level I, students of logographic languages should perform on a Novice Mid proficiency level for reading and writing. In listening and speaking, students of logographic languages should perform on a Novice Mid to Novice High proficiency level.(D) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills for LOTE across all modes of communication at the prescribed proficiency level.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in rehearsed and unrehearsed situations in a variety of contexts. The student uses a mixture of words and phrases and some simple sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions about everyday life in spoken and written conversation;(B) express and exchange personal opinions or preferences in spoken and written conversation;(C) ask and tell others what they need to, should, or must do in spoken and written conversation;(D) articulate requests, offer alternatives, or develop simple plans in spoken and written conversation;(E) participate in spoken conversation using culturally appropriate expressions, register, and gestures; and(F) participate in written conversation using culturally appropriate expressions, register, and style.(2) Interpretive communication: reading and listening. The student comprehends sentence-length information from culturally authentic print, digital, audio, and audiovisual materials as appropriate within highly contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) demonstrate an understanding of culturally authentic print, digital, audio, and audiovisual materials in everyday contexts;(B) identify key words and details from fiction and nonfiction texts and audio and audiovisual materials;(C) infer meaning of unfamiliar words or phrases in highly contextualized texts, audio, and audiovisual materials; and(D) identify cultural practices from authentic print, digital, audio, and audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally and in writing using a mixture of words and phrases and some simple sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) state and support an opinion or preference orally and in writing; and(B) describe people, objects, and simple situations orally and in writing using a mixture of words, phrases, and simple sentences.</content><note type="source"><p>Source Note: The provisions of this §114.39 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.40"><num value="114.40">§114.40</num><heading>Level II, Novice High to Intermediate Low Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level II can be offered in elementary, middle, or high school. At the high school level, students shall be awarded one credit for successful completion of this course. Successful completion of Level I, achieving a Novice Mid to Novice High proficiency level, or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of logographic languages such as Chinese and Japanese and non-Romance and non-Germanic languages such as Arabic and Russian will require more time to achieve proficiency, especially in reading and writing. Initially, the skill focus should be placed on speaking and listening without ignoring reading and writing in the target language's writing system. As the students become more proficient, a balanced emphasis of all four skills becomes more attainable.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, register, appropriate discourse level, and text type.(5) Students in Level II are expected to reach a proficiency level of Novice High to Intermediate Low, as defined in the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Novice High proficiency level express meaning in simple, predictable contexts through the use of learned and recombined phrases and short sentences. Novice High students are best able to understand sentence-length information within highly contextualized situations and sources. Novice High students may generally be understood by sympathetic listeners and readers accustomed to dealing with language learners. Novice High students are consistently successful when performing Novice-level tasks. Novice High students show evidence of Intermediate Low proficiency but lack consistency.(B) Students at the Intermediate Low proficiency level express meaning in straightforward and personal contexts by combining and recombining what they know, what they read, and what they hear in short statements and sentences. Intermediate Low students are able to understand some information from simple connected statements in oral or written sources. Intermediate Low students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Low students are inconsistently successful when performing Intermediate-level tasks.(C) By the end of Level II, students of logographic languages should perform on a Novice Mid to Novice High proficiency level for reading and writing. In listening and speaking, students of logographic languages should perform on a Novice High to Intermediate Low proficiency level. Students at the Novice Mid proficiency level express meaning in highly predictable contexts through the use of memorized and recalled words and phrases. Novice Mid students are best able to understand aural cognates, borrowed words, and high-frequency, highly contextualized words and phrases with repetition. Novice Mid students may be difficult to understand by the most sympathetic listeners and readers accustomed to dealing with language learners. Novice Mid students are inconsistently successful when performing Novice-level tasks.(D) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills for LOTE across all modes of communication at the prescribed proficiency level.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in rehearsed and unrehearsed situations in a variety of contexts. The student uses a mixture of short statements and sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions about everyday life with simple elaboration in spoken and written conversation;(B) express and exchange personal opinions or preferences with simple supporting statements in spoken and written conversation;(C) ask and tell others what they need to, should, or must do with simple supporting reasons in spoken and written conversation;(D) articulate requests, offer alternatives, and develop plans with simple supporting statements in spoken and written conversation;(E) interact and react in spoken conversation using culturally appropriate expressions, register, and gestures; and(F) interact and react in writing using culturally appropriate expressions, register, and style.(2) Interpretive communication: reading and listening. The student comprehends simple connected statements from culturally authentic print, digital, audio, and audiovisual materials as appropriate within contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) demonstrate an understanding of culturally authentic print, digital, audio, and audiovisual materials in everyday contexts;(B) identify the main idea, theme, and supporting details from fiction and nonfiction texts and audio and audiovisual materials;(C) infer meaning of unfamiliar words or phrases in highly contextualized texts, audio, and audiovisual materials; and(D) identify cultural practices from authentic print, digital, audio, and audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally and in writing using a mixture of phrases and sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) express and support an opinion or preference orally and in writing with supporting statements; and(B) describe people, objects, and situations orally and in writing using a series of sequenced sentences with essential details and simple elaboration.</content><note type="source"><p>Source Note: The provisions of this §114.40 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.41"><num value="114.41">§114.41</num><heading>Level III, Intermediate Low to Intermediate Mid Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level III can be offered in middle or high school. At the high school level, students shall be awarded one credit for successful completion of this course. Successful completion of Level II, achieving a Novice High to Intermediate Low proficiency level, or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of logographic languages such as Chinese and Japanese and non-Romance and non-Germanic languages such as Arabic and Russian will require more time to achieve proficiency, especially in reading and writing. Initially, the skill focus should be placed on speaking and listening without ignoring reading and writing in the target language's writing system. As the students become more proficient, a balanced emphasis of all four skills becomes more attainable.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, register, appropriate discourse level, and text type.(5) Students in Level III are expected to reach a proficiency level of Intermediate Low to Intermediate Mid, as defined in the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Intermediate Low proficiency level express meaning in straightforward and personal contexts by combining and recombining what they know, what they read, and what they hear in short statements and sentences. Intermediate Low students are able to understand some information from simple connected statements in oral or written sources. Intermediate Low students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Low students are inconsistently successful when performing Intermediate-level tasks.(B) Students at the Intermediate Mid proficiency level express meaning in straightforward and personal contexts by easily combining and recombining what they know, what they read, and what they hear in short statements and a mixture of sentences and strings of sentences. Intermediate Mid students are able to understand some information from connected statements in oral or written sources. Intermediate Mid students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Mid students are consistently successful when performing Intermediate-level tasks.(C) By the end of Level III, students of logographic languages should perform on a Novice High to Intermediate Low proficiency level for reading and writing. In listening and speaking, students of logographic languages should perform on an Intermediate Low to Intermediate Mid proficiency level. Students at the Novice High proficiency level express meaning in simple, predictable contexts through the use of learned and recombined phrases and short sentences. Novice High students are best able to understand sentence-length information within highly contextualized situations and sources. Novice High students may generally be understood by sympathetic listeners and readers accustomed to dealing with language learners. Novice High students are consistently successful when performing Novice-level tasks. Novice High students show evidence of Intermediate Low proficiency but lack consistency.(D) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills for LOTE across all modes of communication at the prescribed proficiency level.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in rehearsed and unrehearsed situations in a variety of contexts. The student uses a mixture of short statements, sentences, and strings of sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions about and beyond the scope of everyday life with simple elaboration in spoken and written conversation;(B) express and exchange personal opinions, preferences, and recommendations with supporting statements in spoken and written conversation;(C) ask and tell others what they need to, should, and must do with supporting reasons in spoken and written conversation;(D) articulate requests, offer suggestions, and develop plans with supporting statements in spoken and written conversation;(E) interact and react in spoken conversation using culturally appropriate expressions, register, and gestures; and(F) interact and react in writing using culturally appropriate expressions, register, and style.(2) Interpretive communication: reading and listening. The student comprehends connected statements from culturally authentic print, digital, audio, and audiovisual materials as appropriate within contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) demonstrate an understanding of culturally authentic print, digital, audio, and audiovisual materials in a variety of contexts;(B) paraphrase the main idea, theme, and supporting details from fiction and nonfiction texts and audio and audiovisual materials;(C) infer meaning of unfamiliar words or phrases in contextualized texts, audio, and audiovisual materials; and(D) compare and contrast cultural practices from authentic print, digital, audio, and audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally and in writing using a mixture of phrases, sentences, and strings of sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) express and defend an opinion or preference orally and in writing with supporting statements and with recommendations;(B) narrate situations and events orally and in writing using connected sentences with details and elaboration; and(C) inform others orally and in writing about a variety of topics using connected sentences with details and elaboration.</content><note type="source"><p>Source Note: The provisions of this §114.41 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.42"><num value="114.42">§114.42</num><heading>Level IV, Intermediate Mid to Intermediate High Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level IV can be offered in middle or high school. At the high school level, students shall be awarded one credit for successful completion of this course. Successful completion of Level III, achieving an Intermediate Low to Intermediate Mid proficiency level, or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of logographic languages such as Chinese and Japanese and non-Romance and non-Germanic languages such as Arabic and Russian will require more time to achieve proficiency, especially in reading and writing. Initially, the skill focus should be placed on speaking and listening without ignoring reading and writing in the target language's writing system. As the students become more proficient, a balanced emphasis of all four skills becomes more attainable.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, register, appropriate discourse level, and text type.(5) Students in Level IV are expected to reach a proficiency level of Intermediate Mid to Intermediate High, as defined in the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Intermediate Mid proficiency level express meaning in straightforward and personal contexts by easily combining and recombining what they know, what they read, and what they hear in short statements and a mixture of sentences and strings of sentences. Intermediate Mid students are able to understand some information from connected statements in oral or written sources. Intermediate Mid students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Mid students are consistently successful when performing Intermediate-level tasks.(B) Students at the Intermediate High proficiency level express meaning in a variety of contexts by creating with the language, easily combining and recombining what they know, what they read, and what they hear in a mixture of sentences and connected discourse. Intermediate High students are able to understand information from connected statements in oral or written sources. Intermediate High students are generally understood by listeners and readers unaccustomed to dealing with language learners. Intermediate High students are consistently successful when performing Intermediate-level tasks. Intermediate High students show evidence of Advanced Low proficiency but lack consistency.(C) By the end of Level IV, students of logographic languages should perform on an Intermediate Low to Intermediate Mid proficiency level for reading and writing. In listening and speaking, students of logographic languages should perform on an Intermediate Mid to Intermediate High proficiency level. Students at the Intermediate Low proficiency level express meaning in straightforward and personal contexts by combining and recombining what they know, what they read, and what they hear in short statements and sentences. Intermediate Low students are able to understand some information from simple connected statements in oral or written sources. Intermediate Low students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Low students are inconsistently successful when performing Intermediate-level tasks.(D) Students who have fully or partially acquired the skills required at each proficiency level through home or other immersion experiences are known as heritage speakers. Heritage speakers may be allowed to accelerate based on their ability to demonstrate a proficiency in the Texas essential knowledge and skills for LOTE across all modes of communication at the prescribed proficiency level.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in rehearsed and unrehearsed situations in a variety of contexts. The student uses a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions about and beyond the scope of everyday life with elaboration in spoken and written conversation;(B) ask and respond to questions in unfamiliar contexts in spoken and written conversation with limited details;(C) express and exchange personal opinions, preferences, and recommendations with supporting elaborative statements in spoken and written conversation;(D) ask and tell others what they need to, should, and must do using detailed rationale in spoken and written conversation;(E) articulate requests, offer suggestions, and develop plans with supporting elaborative statements in spoken and written conversation;(F) interact and react in spoken conversation using culturally appropriate expressions, register, and gestures; and(G) interact and react in writing using culturally appropriate expressions, register, and style.(2) Interpretive communication: reading and listening. The student comprehends connected statements from culturally authentic print, digital, audio, and audiovisual materials as appropriate within contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) analyze culturally authentic print, digital, audio, and audiovisual materials in a variety of contexts;(B) paraphrase and analyze the main idea, theme, and supporting details from fiction and nonfiction texts and audio and audiovisual materials;(C) infer meaning of unfamiliar words or phrases in texts, audio, and audiovisual materials; and(D) compare and contrast cultural practices and perspectives from authentic print, digital, audio, and audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally and in writing using a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) express and defend an opinion or persuade others orally and in writing with supporting elaborative statements and with recommendations;(B) narrate situations and events orally and in writing using connected sentences and some connected discourse with details and elaboration; and(C) inform others orally and in writing about a variety of topics using connected sentences and some connected discourse with details and elaboration.</content><note type="source"><p>Source Note: The provisions of this §114.42 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.43"><num value="114.43">§114.43</num><heading>Level V, Intermediate High to Advanced Mid Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level V can be offered in high school. Students shall be awarded one credit for successful completion of this course. Successful completion of Level IV, achieving an Intermediate Mid to Intermediate High proficiency level in the four skills of listening, reading, writing, and speaking, or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of logographic languages such as Chinese and Japanese and non-Romance and non-Germanic languages such as Arabic and Russian will require more time to achieve proficiency, especially in reading and writing. Initially, the skill focus should be placed on speaking and listening without ignoring reading and writing in the target language's writing system. As the students become more proficient, a balanced emphasis of all four skills becomes more attainable.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for LOTE. The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) The three modes of communication (interpersonal, interpretive, and presentational) provide the organizing principle for describing language performance across all ranges of performance: Novice, Intermediate, Advanced, Superior, and Distinguished.(A) The interpersonal mode is characterized by the active negotiation of meaning among individuals. Participants observe and monitor one another to see how their meanings and intentions are being communicated. Adjustments and clarifications can be made accordingly.(B) The interpretive mode focuses on the appropriate cultural interpretation of meanings that occur in written and spoken form where there is no recourse to the active negotiation of meaning with the writer or the speaker.(C) The presentational mode refers to the creation of oral and written messages in a manner that facilitates interpretation by members of the other culture where no direct opportunity for the active negotiation of meaning between members of the two cultures exists.(5) All student expectations and modes of communication are aligned with and address the ACTFL National Standards for Foreign Language Education: Communication, Cultures, Connections, Comparisons, and Communities.(6) Students will perform on the Intermediate High to Advanced Mid proficiency level as described by the ACTFL Proficiency Guidelines 2012.(A) The Intermediate High to Advanced Mid student communicates in a language other than English using all three modes and all four skills.(B) By the end of Level V, students of logographic languages should perform on an Intermediate Mid to Intermediate High proficiency level for reading and writing. In listening and speaking, students of logographic languages should perform on an Intermediate High to Advanced Low proficiency level.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student communicates in the interpersonal mode using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpersonal mode is the ability to understand and exchange information in the target language. The student is expected to:(A) engage in conversations with generally consistent use of register in all time frames;(B) verbally exchange information with generally consistent use of register on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities;(C) write with generally consistent use of register and in all time frames items such as correspondence, narratives, descriptions, and summaries of a factual nature; and(D) produce, with generally consistent use of register, written exchanges that provide information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities.(2) Interpretive communication: reading and listening. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpretive mode focuses on comprehending main ideas and identifying some supporting details in the target language. The student is expected to:(A) read and analyze information from a variety of authentic print and electronic resources such as artwork, graphs, media, narratives, and descriptions in various literary genres, including texts about past, present, and future events that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities;(B) compare, contrast, and analyze cultural practices and perspectives from authentic print and electronic resources;(C) listen to and analyze information from a variety of authentic audio and audiovisual resources from the target culture that communicate information in the past, present, and future on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities; and(D) compare, contrast, and analyze cultural practices and perspectives from authentic audio and audiovisual resources.(3) Presentational communication: speaking and writing. The student communicates using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The presentational mode refers to the creation of oral and written messages in the target language. The student's presentation is comprehensible to an audience unaccustomed to interacting with language learners. The student is expected to:(A) plan, produce, and present, with some ease and clarity of expression, spoken presentational communications that are supported with cited examples in multiple paragraph length discourse to explain, express opinions, describe, and narrate on topics that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities; and(B) plan and produce, with some ease and clarity of expression, written presentational communications that are supported with cited examples in multiple paragraph length discourse to explain, express opinions, describe, and narrate on topics that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities.</content><note type="source"><p>Source Note: The provisions of this §114.43 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.44"><num value="114.44">§114.44</num><heading>Level VI, Advanced Mid to Advanced High Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level VI can be offered in high school. Students shall be awarded one credit for successful completion of this course. Successful completion of Level V, achieving an Intermediate High to Advanced Mid proficiency level in the four skills of listening, reading, writing, and speaking, or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of logographic languages such as Chinese and Japanese and non-Romance and non-Germanic languages such as Arabic and Russian will require more time to achieve proficiency, especially in reading and writing. Initially, the skill focus should be placed on speaking and listening without ignoring reading and writing in the target language's writing system. As the students become more proficient, a balanced emphasis of all four skills becomes more attainable.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for LOTE. The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) The three modes of communication (interpersonal, interpretive, and presentational) provide the organizing principles for describing language performance across all ranges of performance: Novice, Intermediate, Advanced, Superior, and Distinguished.(A) The interpersonal mode is characterized by the active negotiation of meaning among individuals. Participants observe and monitor one another to see how their meanings and intentions are being communicated. Adjustments and clarifications can be made accordingly.(B) The interpretive mode focuses on the appropriate cultural interpretation of meanings that occur in written and spoken form where there is no recourse to the active negotiation of meaning with the writer or the speaker.(C) The presentational mode refers to the creation of oral and written messages in a manner that facilitates interpretation by members of the other culture where no direct opportunity for the active negotiation of meaning between members of the two cultures exists.(5) All student expectations and modes of communication are aligned with and address the ACTFL National Standards for Foreign Language Education: Communication, Cultures, Connections, Comparisons, and Communities.(6) Students will perform on an Advanced Mid to Advanced High proficiency level as described by the ACTFL Proficiency Guidelines 2012.(A) The Advanced Mid to Advanced High student communicates in a language other than English using all three modes and all four skills.(B) By the end of Level VI, students of logographic languages should perform on an Intermediate High to Advanced Low proficiency level for reading and writing. In listening and speaking, students of logographic languages should perform on an Advanced Low to Advanced Mid proficiency level.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal Communication: speaking and writing. The student communicates in the interpersonal mode using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpersonal mode is the ability to understand and exchange information in the target language. The student is expected to:(A) engage in conversations with mostly consistent use of register in all time frames;(B) verbally exchange information with mostly consistent use of register on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities;(C) write with mostly consistent use of register in all time frames and with some elaboration items such as correspondence, narratives, descriptions, and summaries of a factual nature; and(D) produce, with mostly consistent use of register, written exchanges that provide information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities.(2) Interpretive communication: reading and listening. The student uses the interpretive mode in communication using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpretive mode focuses on comprehending main ideas and identifying some supporting details in the target language. The student is expected to:(A) read and appraise information from a variety of authentic print and electronic resources such as artwork, graphs, media, narratives, and descriptions in various literary genres, including texts about past, present, and future events that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities;(B) compare, contrast, and appraise cultural practices and perspectives from authentic print and electronic resources;(C) listen to and appraise information from a variety of authentic audio and audiovisual resources from the target culture that communicate information in the past, present, and future on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities; and(D) compare, contrast, and appraise cultural practices and perspectives from authentic audio and audiovisual resources.(3) Presentational communication: speaking and writing. The student communicates using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The presentational mode refers to the creation of oral and written messages in the target language. The student's presentation is comprehensible to an audience unaccustomed to interacting with language learners. The student is expected to:(A) plan, produce, and present, with mostly consistent ease and clarity of expression, spoken presentational communications that are supported with cited examples in multiple paragraph length discourse to explain, express opinions, describe, and narrate on topics that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities; and(B) plan and produce, with mostly consistent ease and clarity of expression, written presentational communications that are supported with cited examples in multiple paragraph length discourse to explain, express opinions, describe, and narrate on topics that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities.</content><note type="source"><p>Source Note: The provisions of this §114.44 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.45"><num value="114.45">§114.45</num><heading>Level VII, Advanced High to Superior Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level VII can be offered in high school. Students shall be awarded one credit for successful completion of this course. Successful completion of Level VI, achieving an Advanced Mid to Advanced High proficiency level in the four skills of listening, reading, writing, and speaking, or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of logographic languages such as Chinese and Japanese and non-Romance and non-Germanic languages such as Arabic and Russian will require more time to achieve proficiency, especially in reading and writing. Initially, the skill focus should be placed on speaking and listening without ignoring reading and writing in the target language's writing system. As the students become more proficient, a balanced emphasis of all four skills becomes more attainable.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for LOTE. The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) The three modes of communication (interpersonal, interpretive, and presentational) provide the organizing principles for describing language performance across all ranges of performance: Novice, Intermediate, Advanced, Superior, and Distinguished.(A) The interpersonal mode is characterized by the active negotiation of meaning among individuals. Participants observe and monitor one another to see how their meanings and intentions are being communicated. Adjustments and clarifications can be made accordingly.(B) The interpretive mode focuses on the appropriate cultural interpretation of meanings that occur in written and spoken form where there is no recourse to the active negotiation of meaning with the writer or the speaker.(C) The presentational mode refers to the creation of oral and written messages in a manner that facilitates interpretation by members of the other culture where no direct opportunity for the active negotiation of meaning between members of the two cultures exists.(5) All student expectations and modes of communication are aligned with and address the ACTFL National Standards for Foreign Language Education: Communication, Cultures, Connections, Comparisons, and Communities.(6) Students will perform on an Advanced High to Superior proficiency level as described by the ACTFL Proficiency Guidelines 2012.(A) The Advanced High to Superior student communicates in a language other than English using all three modes and all four skills.(B) By the end of Level VII, students of logographic languages should perform on an Advanced Low to Advanced Mid proficiency level for reading and writing. In listening and speaking, students of logographic languages should perform on an Advanced Mid to Advanced High proficiency level.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student communicates in the interpersonal mode using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpersonal mode is the ability to understand and exchange information in the target language. The student is expected to:(A) engage in conversations with consistent use of register in all time frames;(B) verbally exchange information with consistent use of register on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities;(C) write with consistent use of register in all time frames and with elaboration items such as correspondence, narratives, descriptions, and summaries of a factual nature; and(D) produce, with consistent use of register, written exchanges that provide information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities.(2) Interpretive communication: reading and listening. The student uses the interpretive mode in communication using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpretive mode focuses on comprehending main ideas and identifying some supporting details in the target language. The student is expected to:(A) read and synthesize information from a variety of authentic print and electronic resources such as artwork, graphs, media, narratives, and descriptions in various literary genres, including texts about past, present, and future events that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities;(B) compare, contrast, and synthesize cultural practices and perspectives from authentic print and electronic resources;(C) listen to and synthesize information from a variety of authentic audio and audiovisual resources from the target culture that communicate information in the past, present, and future on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities; and(D) compare, contrast, and synthesize cultural practices and perspectives from authentic audio and audiovisual resources.(3) Presentational communication: speaking and writing. The student communicates using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The presentational mode refers to the creation of oral and written messages in the target language. The student's presentation is comprehensible to an audience unaccustomed to interacting with language learners. The student is expected to:(A) plan, produce, and present, with consistent ease and clarity of expression, spoken presentational communications that are supported with cited examples in multiple paragraph length discourse to explain, express opinions, describe, and narrate on topics that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities; and(B) plan and produce, with consistent ease and clarity of expression, written presentational communications that are supported with cited examples in multiple paragraph length discourse to explain, express opinions, describe, and narrate on topics that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities.</content><note type="source"><p>Source Note: The provisions of this §114.45 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.46"><num value="114.46">§114.46</num><heading>Seminar in Languages Other Than English, Advanced (One-Half to One Credit), Adopted 2014</heading><content>(a) General requirements. Students shall be awarded one-half to one credit for successful completion of this course. All products and presentations must be in the target language. A prerequisite to enroll into this course is a minimum performance level of Intermediate Mid to Advanced High on the American Council on the Teaching of Foreign Languages (ACTFL) scale. The student may take this course with different course content for a maximum of three credits. The course shall be conducted in the target language.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. ACTFL identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English (LOTE). The use of culturally authentic resources in world language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) The student enrolled in a seminar course in a modern language will focus on a specialized area of study such as the work of a particular author, genre, or topic. The student will speak, write, read, and listen, as appropriate, in the target language for a variety of audiences and purposes. The student is expected to plan, draft, and complete written compositions as well as oral presentations on a regular basis and carefully examine his or her papers and presentations for clarity, engaging language, and the correct use of the conventions and mechanics of the target language as applicable.(5) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) The student inquires through assigned topics and research in the target language. The student is expected to:(A) generate relevant and researchable questions with instructor guidance and approval;(B) communicate with accuracy and fluency in order to participate fully and effectively in conversations on a variety of topics in formal and informal settings from multiple perspectives;(C) comprehend language from within the cultural framework, including the use of nuance and subtlety;(D) produce formal and informal correspondence on a variety of social, academic, or professional topics;(E) produce in-depth summaries, reports, or research papers on a variety of social, academic, or professional topics; and(F) pose relevant questions from the research findings or conclusions for further study.(2) The student applies critical-thinking skills to build a portfolio that organizes and uses information acquired from a variety of sources, including technology. The student is expected to:(A) collect a variety of visual images such as photographs, paintings, political cartoons, and other media;(B) compile written ideas and representations;(C) interpret information and draw conclusions from a wide range of sources;(D) identify bias in written, oral, and visual material;(E) use writing and speaking skills for reflection and exploration;(F) cite sources appropriately; and(G) present a portfolio.</content><note type="source"><p>Source Note: The provisions of this §114.46 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.47"><num value="114.47">§114.47</num><heading>Classical Languages, Level I, Novice Low to Intermediate Low Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level I can be offered in elementary, middle, or high school. At the high school level, students shall be awarded one credit for successful completion of this course. There is no prerequisite for this course.(2) Students of classical languages such as Latin and Greek read and comprehend proficiency-level appropriate texts. The communicative skills of listening, speaking, and writing are used to enhance the interpretive communication mode of reading.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational. Interpretative communication is the overarching goal of classical language instruction. Students of classical languages should be provided ample opportunities to interpret culturally appropriate materials in the language of study, supported by opportunities for interpersonal and presentational communication.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others such as conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts such as comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction such as presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English. The use of culturally authentic resources in classical language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, and genre.(5) At the end of Level I, students of classical languages should reach a Novice High to Intermediate Low proficiency level in reading, a Novice Low to Novice Mid proficiency level in listening, a Novice Low to Novice Mid proficiency level in speaking, and a Novice Mid proficiency level in writing. Proficiency levels are aligned with the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Novice Low proficiency level express meaning on some very familiar topics, using single words and phrases that have been practiced and memorized. They are best able to understand a few memorized words and phrases when heard. Novice Low students may be difficult to understand by the most sympathetic listeners and are likely to make frequent errors in pronunciation and syntax.(B) Students at the Novice Mid proficiency level express meaning in highly predictable contexts through the use of memorized and recalled words and phrases. They are best able to understand aural cognates, borrowed words, and high-frequency, highly contextualized words and phrases with repetition. Novice Mid students may be difficult to understand by the most sympathetic listeners and readers accustomed to dealing with language learners. Novice Mid students are inconsistently successful when performing Novice-level tasks.(C) Students at the Novice High proficiency level express meaning in simple, predictable contexts through the use of learned and recombined phrases and short sentences. They are best able to understand sentence-length information within highly contextualized situations and sources. Novice High students may generally be understood by sympathetic listeners and readers accustomed to dealing with language learners. Novice High students are consistently successful when performing Novice-level tasks. Novice High students show evidence of Intermediate Low proficiency but lack consistency.(D) Students at the Intermediate Low proficiency level express meaning in straightforward and personal contexts by combining and recombining what they know, what they read, and what they hear in short statements and sentences. Intermediate Low students are able to understand some information from simple connected statements in oral or written sources. Intermediate Low students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Low students are inconsistently successful when performing Intermediate-level tasks.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in a variety of contexts. The student uses a mixture of words and phrases with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions, such as yes/no questions, either/or questions, or who/what/where/when questions, in spoken or written conversation in classroom contexts; and(B) articulate memorized requests, greetings, and introductions in spoken or written conversation.(2) Interpretive communication: reading and listening. The student comprehends sentence-length information from culturally relevant print, digital, audio, and audiovisual materials as appropriate within highly contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) demonstrate an understanding of culturally relevant print, digital, audio, or audiovisual materials in classroom contexts;(B) identify key words and details from fiction or nonfiction texts or audio or audiovisual materials;(C) infer meaning of unfamiliar words or phrases in highly contextualized texts, audio, or audiovisual materials; and(D) identify cultural practices from authentic print, digital, audio, or audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally or in writing using a mixture of words and phrases with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) express an opinion or preference orally or in writing; and(B) describe people, objects, or simple situations orally or in writing using a mixture of words, phrases, or simple sentences.</content><note type="source"><p>Source Note: The provisions of this §114.47 adopted to be effective November 3, 2014, 39 TexReg 8574.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.48"><num value="114.48">§114.48</num><heading>Classical Languages, Level II, Novice Mid to Intermediate Mid Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level II can be offered in elementary, middle, or high school. At the high school level, students shall be awarded one credit for successful completion of this course. Successful completion of Level I or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of classical languages such as Latin and Greek read and comprehend proficiency-level appropriate texts. The communicative skills of listening, speaking, and writing are used to enhance the interpretive communication mode of reading.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational. Interpretative communication is the overarching goal of classical language instruction. Students of classical languages should be provided ample opportunities to interpret culturally appropriate materials in the language of study, supported by opportunities for interpersonal and presentational communication.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others such as conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts such as comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction such as presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English. The use of culturally authentic resources in classical language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, and genre.(5) At the end of Level II, students of classical languages should reach an Intermediate Low to Intermediate Mid proficiency level in reading, a Novice Mid to Novice High proficiency level in listening, a Novice Mid proficiency level in speaking, and a Novice Mid to Novice High proficiency level in writing. Proficiency levels are aligned with the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Novice Mid proficiency level express meaning in highly predictable contexts through the use of memorized and recalled words and phrases. They are best able to understand aural cognates, borrowed words, and high-frequency, highly contextualized words and phrases with repetition. Novice Mid students may be difficult to understand by the most sympathetic listeners and readers accustomed to dealing with language learners. Novice Mid students are inconsistently successful when performing Novice-level tasks.(B) Students at the Novice High proficiency level express meaning in simple, predictable contexts through the use of learned and recombined phrases and short sentences. Novice High students are best able to understand sentence-length information within highly contextualized situations and sources. Novice High students may generally be understood by sympathetic listeners and readers accustomed to dealing with language learners. Novice High students are consistently successful when performing Novice-level tasks. Novice High students show evidence of Intermediate Low proficiency but lack consistency.(C) Students at the Intermediate Low proficiency level express meaning in straightforward and personal contexts by combining and recombining what they know, what they read, and what they hear in short statements and sentences. Intermediate Low students are able to understand some information from simple connected statements in oral or written sources. Intermediate Low students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Low students are inconsistently successful when performing Intermediate-level tasks.(D) Students at the Intermediate Mid proficiency level express meaning in straightforward and personal contexts by easily combining and recombining what they know, what they read, and what they hear in short statements and a mixture of sentences and strings of sentences. Intermediate Mid students are able to understand some information from connected statements in oral or written sources. Intermediate Mid students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Mid students are consistently successful when performing Intermediate-level tasks.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in a variety of contexts. The student uses a mixture of words, phrases, and simple sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions with simple elaboration in spoken or written conversation;(B) express and exchange personal opinions or preferences in spoken or written conversation using simple constructions such as impersonal verbs; and(C) ask and tell others what they need to, should, or must do in spoken or written conversation using appropriate constructions such as the imperative mood, impersonal verbs, or the subjunctive mood.(2) Interpretive communication: reading and listening. The student comprehends simple connected statements from culturally relevant print, digital, audio, and audiovisual materials as appropriate within contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) demonstrate an understanding of culturally relevant print, digital, audio, or audiovisual materials in classroom contexts;(B) identify the main idea, theme, and supporting details from fiction or nonfiction texts or audio or audiovisual materials;(C) infer meaning of unfamiliar words or phrases in highly contextualized texts, audio, or audiovisual materials; and(D) identify cultural practices from relevant print, digital, audio, or audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally or in writing using a mixture of phrases and simple sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) express and support an opinion or preference orally or in writing; and(B) describe people, objects, or situations orally or in writing with essential details.</content><note type="source"><p>Source Note: The provisions of this §114.48 adopted to be effective November 3, 2014, 39 TexReg 8574.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.49"><num value="114.49">§114.49</num><heading>Classical Languages, Level III, Novice Mid to Advanced Low Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level III can be offered in middle or high school. At the high school level, students shall be awarded one credit for successful completion of this course. Successful completion of Level II or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of classical languages such as Latin and Greek read and comprehend proficiency-level appropriate authentic texts of prose or poetry of selected authors. The communicative skills of listening, speaking, and writing are used to enhance the interpretive communication mode of reading.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational. Interpretative communication is the overarching goal of classical language instruction. Students of classical languages should be provided ample opportunities to interpret culturally appropriate materials in the language of study, supported by opportunities for interpersonal and presentational communication.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others such as conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts such as comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction such as presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English. The use of culturally authentic resources in classical language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, and genre.(5) At the end of Level III, students of classical languages should reach an Intermediate High to Advanced Low proficiency level in reading, a Novice High proficiency level in listening, a Novice Mid to Novice High proficiency level in speaking, and a Novice Mid to Novice High proficiency level in writing. Proficiency levels are aligned with the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Novice Mid proficiency level express meaning in highly predictable contexts through the use of memorized and recalled words and phrases. They are best able to understand aural cognates, borrowed words, and high-frequency, highly contextualized words and phrases with repetition. Novice Mid students may be difficult to understand by the most sympathetic listeners and readers accustomed to dealing with language learners. Novice Mid students are inconsistently successful when performing Novice-level tasks.(B) Students at the Novice High proficiency level express meaning in simple, predictable contexts through the use of learned and recombined phrases and short sentences. Novice High students are best able to understand sentence-length information within highly contextualized situations and sources. Novice High students may generally be understood by sympathetic listeners and readers accustomed to dealing with language learners. Novice High students are consistently successful when performing Novice-level tasks. Novice High students show evidence of Intermediate Low proficiency but lack consistency.(C) Students at the Intermediate High proficiency level express meaning in a variety of contexts by creating with the language, easily combining and recombining what they know, what they read, and what they hear in a mixture of sentences and connected discourse. Intermediate High students are able to understand information from connected statements in oral or written sources. Intermediate High students are generally understood by listeners and readers unaccustomed to dealing with language learners. Intermediate High students are consistently successful when performing Intermediate-level tasks. Intermediate High students show evidence of Advanced Low proficiency but lack consistency.(D) Students at the Advanced Low proficiency level are able to understand conventional narrative and descriptive texts with a clear underlying structure though their comprehension may be uneven. These texts predominantly contain high-frequency vocabulary and structures. Readers understand the main ideas and some supporting details. Comprehension may often derive primarily from situational and subject-matter knowledge. Readers at this level will be challenged to comprehend more complex texts.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in a variety of contexts. The student uses a mixture of words, phrases, and simple sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions with simple elaboration in spoken or written conversation;(B) express and exchange personal opinions or preferences in spoken or written conversation using simple constructions such as impersonal verbs; and(C) ask and tell others what they need to, should, or must do in spoken or written conversation using appropriate constructions such as the imperative mood, impersonal verbs, or the subjunctive mood.(2) Interpretive communication: reading and listening. The student comprehends connected statements from culturally authentic print, digital, audio, and audiovisual materials as appropriate within contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) demonstrate an understanding of culturally authentic print, digital, audio, or audiovisual materials in a variety of contexts;(B) paraphrase the main idea, theme, and supporting details from fiction or nonfiction texts or audio or audiovisual materials;(C) analyze authentic literature with respect to stylistic topics such as elements of genre, literary devices, audience, or metrics;(D) infer meaning of unfamiliar words or phrases in contextualized texts, audio, or audiovisual materials; and(E) compare and contrast cultural practices from authentic print, digital, audio, or audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally or in writing using a mixture of phrases and sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) cite the justification for an opinion or preference orally or in writing using textual evidence; and(B) read prose or poetry aloud with attention to features of declamation such as metrical structure, meaningful phrase grouping, and appropriate voice inflection.</content><note type="source"><p>Source Note: The provisions of this §114.49 adopted to be effective November 3, 2014, 39 TexReg 8574.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.50"><num value="114.50">§114.50</num><heading>Classical Languages, Level IV, Novice Mid to Advanced Mid Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Level IV can be offered in middle or high school. At the high school level, students shall be awarded one credit for successful completion of this course. Successful completion of Level III or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of classical languages such as Latin and Greek read and comprehend proficiency level-appropriate authentic texts of prose or poetry of selected authors. The communicative skills of listening, speaking, and writing are used to enhance the interpretive communication mode of reading.(3) Districts may offer a level of a language in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational. Interpretative communication is the overarching goal of classical language instruction. Students of classical languages should be provided ample opportunities to interpret culturally appropriate materials in the language of study, supported by opportunities for interpersonal and presentational communication.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others such as conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts such as comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction such as presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English. The use of culturally authentic resources in classical language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, and genre.(5) At the end of Level IV, students of classical languages should reach an Advanced Low to Advanced Mid proficiency level in reading, a Novice High proficiency level in listening, a Novice Mid to Novice High proficiency level in speaking, and a Novice Mid to Novice High proficiency level in writing. Proficiency levels are aligned with the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Novice Mid proficiency level express meaning in highly predictable contexts through the use of memorized and recalled words and phrases. They are best able to understand aural cognates, borrowed words, and high-frequency, highly contextualized words and phrases with repetition. Novice Mid students may be difficult to understand by the most sympathetic listeners and readers accustomed to dealing with language learners. Novice Mid students are inconsistently successful when performing Novice-level tasks.(B) Students at the Novice High proficiency level express meaning in simple, predictable contexts through the use of learned and recombined phrases and short sentences. Novice High students are best able to understand sentence-length information within highly contextualized situations and sources. Novice High students may generally be understood by sympathetic listeners and readers accustomed to dealing with language learners. Novice High students are consistently successful when performing Novice-level tasks. Novice High students show evidence of Intermediate Low proficiency but lack consistency.(C) Students at the Advanced Low proficiency level are able to understand conventional narrative and descriptive texts with a clear underlying structure though their comprehension may be uneven. These texts predominantly contain high-frequency vocabulary and structures. Readers understand the main ideas and some supporting details. Comprehension may often derive primarily from situational and subject-matter knowledge. Readers at this level will be challenged to comprehend more complex texts.(D) Students at the Advanced Mid proficiency level are able to understand conventional narrative and descriptive texts such as expanded descriptions of persons, places, and things and narrations about past, present, and future events. These texts reflect the standard linguistic conventions of the written form of the language in such a way that readers can predict what they are going to read. Readers understand the main ideas, facts, and many supporting details. Comprehension derives not only from situational and subject-matter knowledge but also from knowledge of the language itself. Readers at this level may derive some meaning from texts that are structurally and/or conceptually more complex.(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in a variety of contexts. The student uses a mixture of words, phrases, and simple sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) ask and respond to questions with simple elaboration in spoken or written conversation;(B) express and exchange personal opinions or preferences, in spoken or written conversation, using constructions such as impersonal verbs; and(C) ask and tell others what they need to, should, and must do in spoken or written conversation using constructions such as the imperative mood, impersonal verbs, or the subjunctive mood.(2) Interpretive communication: reading and listening. The student comprehends connected statements from culturally authentic print, digital, audio, or audiovisual materials as appropriate within contextualized situations and sources. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes at the specified proficiency levels. The student is expected to:(A) analyze culturally authentic print, digital, audio, or audiovisual materials in a variety of contexts;(B) paraphrase and analyze the main idea, theme, and supporting details from fiction or nonfiction texts, prepared or unprepared, or from audio or audiovisual materials;(C) analyze authentic literature in depth with respect to topics such as elements of genre, literary devices, audience, or metrics;(D) infer meaning of unfamiliar words or phrases in texts, audio, or audiovisual materials; and(E) compare and contrast cultural practices and perspectives from authentic print, digital, audio, or audiovisual materials.(3) Presentational communication: speaking and writing. The student presents information orally or in writing using a mixture of phrases and sentences with appropriate and applicable grammar structures and processes at the specified proficiency levels. The student is expected to:(A) cite the justification for an opinion or an argument orally or in writing utilizing textual evidence; and(B) read prose or poetry aloud with attention to features such as metrical structure, meaningful phrase grouping, and appropriate voice inflection.</content><note type="source"><p>Source Note: The provisions of this §114.50 adopted to be effective November 3, 2014, 39 TexReg 8574.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.51"><num value="114.51">§114.51</num><heading>Classical Languages, Levels V-VII, Novice High to Superior Low Proficiency (One Credit), Adopted 2014</heading><content>(a) General requirements.(1) Levels V-VII can be offered in high school. Students shall be awarded one credit for successful completion of this course. Successful completion of the preceding level or demonstrated equivalent proficiency as determined by the district is a prerequisite for this course.(2) Students of classical languages read and comprehend on-level authentic texts of prose and poetry of selected authors. The skills of listening, speaking, and writing are used to reinforce the skill of reading.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational. Interpretative communication is the overarching goal of classical language instruction. Students of classical languages should be provided ample opportunities to interpret culturally appropriate materials in the language of study, supported by opportunities for interpersonal and presentational communication.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others such as face to face exchanges, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts such as comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction such as presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English. The use of culturally authentic resources in classical language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) The three modes of communication (interpersonal, interpretive, and presentational) provide the organizing principle for describing language performance across all ranges of performance: Novice, Intermediate, Advanced, Superior, and Distinguished.(A) The interpersonal mode is characterized by the active negotiation of meaning among individuals. Participants observe and monitor one another to see how their meanings and intentions are being communicated. Adjustments and clarifications can be made accordingly.(B) The interpretive mode focuses on the appropriate cultural interpretation of meanings that occur in written and spoken form where there is no recourse to the active negotiation of meaning with the writer or the speaker.(C) The presentational mode refers to the creation of oral and written messages in a manner that facilitates interpretation by members of the other culture where no direct opportunity for the active negotiation of meaning between members of the two cultures exists.(5) All student expectations and modes of communication are aligned with and address the ACTFL National Standards for Foreign Language Education: Communication, Cultures, Connections, Comparisons, and Communities.(6) Students of classical languages should reach an Advanced High to Superior Low proficiency level in reading during Levels V-VII. Students of classical languages will require more time to achieve proficiency in speaking, writing, and listening and should reach a Novice High to Intermediate Low proficiency level in speaking, writing, and listening during Levels V-VII.(7) Students of classical languages wishing to pursue advanced study targeted to specific topics may consider enrolling in a course under §114.52 of this title (relating to Seminar in Classical Languages, Advanced (One-Half to One Credit), Adopted 2014).(8) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student communicates in the interpersonal mode using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpersonal mode is the ability to understand and exchange information in the target language. The student is expected to:(A) engage in simple exchanges with generally consistent use of syntax in any time frame and respond appropriately to questions, statements, commands, or other stimuli such as pictures, gestures, or the surrounding environment; and(B) produce written exchanges at the appropriate proficiency level that provide information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities.(2) Interpretive communication: reading and listening. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The interpretive mode focuses on comprehending main ideas and identifying some supporting details in the target language. The student is expected to:(A) analyze information from a variety of prepared or unprepared authentic texts in various literary genres and relevant print, electronic, audio, or audiovisual resources that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities;(B) compare, contrast, and analyze cultural practices and perspectives from authentic texts or relevant print, electronic, audio, or audiovisual resources; and(C) analyze authentic literature in depth with respect to stylistic topics such as elements of genre, literary devices, audience, or metrics.(3) Presentational communication: speaking and writing. The student communicates using appropriate and applicable grammatical structures and processes in the target language at the specified proficiency levels. The presentational mode refers to the creation of oral and written messages in the target language. The student is expected to:(A) cite the justification for an opinion or an argument orally or in writing using textual evidence to explain, express opinions, describe, or narrate on topics that communicate information on a variety of geographic, scientific, historical, artistic, social, or political features of target culture communities; and(B) read prose or poetry aloud with attention to features of declamation such as metrical structure, meaningful phrase grouping, and appropriate voice inflection and gestures.</content><note type="source"><p>Source Note: The provisions of this §114.51 adopted to be effective November 3, 2014, 39 TexReg 8574.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.52"><num value="114.52">§114.52</num><heading>Seminar in Classical Languages, Advanced (One-Half to One Credit), Adopted 2014</heading><content>(a) General requirements. Students shall be awarded one-half to one credit for successful completion of this course. Products and presentations need not be produced entirely in the target language. A prerequisite to enroll into this course is a minimum proficiency level of Advanced Mid in reading and a minimum performance level of Novice High in listening, speaking, and writing on the American Council on the Teaching of Foreign Languages (ACTFL) scale. The student may take this course with different course content for a maximum of three credits. The course need not be conducted entirely in the target language. Fluency in the target language should reflect a minimum proficiency level of Novice High in the speaking, listening, and writing skills.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. Students become aware of multiple perspectives and means of expression, which lead to an appreciation of difference and diversity. Further benefits of foreign language study include stronger cognitive development, increased creativity, and divergent thinking. Students who effectively communicate in more than one language, with an appropriate understanding of cultural context, are globally literate and possess the attributes of successful participants in the world community.(2) Communication is the overarching goal of world language instruction. Students may be provided ample opportunities to engage in conversations, to present information to an audience, or to interpret culturally authentic materials in or about the language of study. ACTFL identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(3) The use of age-level appropriate and culturally authentic resources is imperative to support the teaching of the essential knowledge and skills for languages other than English. The use of culturally authentic resources in classical language study enables students to make connections with other content areas, to compare the language and culture studied with their own, and to participate in local and global communities.(4) The student enrolled in a seminar course in a classical language will focus on a specialized area of study such as the work of a particular author, genre, or topic. The student will speak, write, read, or listen, as appropriate, in the target language for a variety of audiences and purposes. The student is expected to plan, draft, and complete written compositions as well as oral presentations on a regular basis and carefully examine his or her papers and presentations for clarity, engaging language, and the correct use of conventions and mechanics as applicable.(5) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) The student inquires through assigned topics and research in or about the target language. The student is expected to:(A) generate relevant and researchable questions with instructor guidance and approval;(B) communicate with clarity in order to participate fully and effectively in conversations on a variety of topics from multiple perspectives in formal and informal settings;(C) comprehend language from within the cultural framework or genre, including the use of nuance and subtlety;(D) produce in-depth summaries, reports, or research papers on a variety of social, academic, or professional topics; and(E) pose relevant questions from the research findings or conclusions for further study.(2) The student applies critical-thinking skills to build a portfolio that organizes and uses information acquired from a variety of sources, including technology. The student is expected to:(A) collect a variety of visual images such as photographs of mosaics, frescoes, graffiti, coins, statues, architecture, reliefs, and other media;(B) compile written ideas and representations;(C) interpret information and draw conclusions from a wide range of sources;(D) identify bias in written, oral, or visual material;(E) use writing or speaking skills for reflection and exploration;(F) cite sources appropriately; and(G) present a portfolio.</content><note type="source"><p>Source Note: The provisions of this §114.52 adopted to be effective November 3, 2014, 39 TexReg 8574.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scC/s114.53"><num value="114.53">§114.53</num><heading>Advanced Language for Career Applications (One Credit)</heading><content>(a) General requirements.(1) Advanced Language for Career Applications may be offered in high school. Students shall be awarded one credit for successful completion of this course. Prerequisite: successful completion of Level III, achieving an Intermediate Low to Intermediate Mid proficiency level, or demonstrated equivalent proficiency as determined by the district.(2) Districts may offer this course in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.(3) This course may not satisfy a high school languages other than English (LOTE) graduation requirement. Students shall be awarded one elective credit for successful completion of this course.(b) Introduction.(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture.(2) The Advanced Language for Career Applications course provides students with instruction in terminology that prepares students to communicate in a language other than English in a professional, business, or industry setting. Students will learn how to communicate in the target language and use culturally appropriate language when addressing diverse audiences in different workplace environments.(3) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.(4) The use of age-level appropriate and industry-specific authentic resources is imperative to support the teaching of the essential knowledge and skills for LOTE. The use of authentic resources in the target language enables students to increase their academic vocabulary and to participate in local and global communities.(5) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, register (formal or informal language use), appropriate discourse level, and text type.(6) Students in Advanced Language for Career Applications are expected to reach a proficiency level of Intermediate Mid to Intermediate High, as defined in the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.(A) Students at the Intermediate Mid proficiency level express meaning in straightforward and personal contexts by easily combining and recombining what they know, what they read, and what they hear in short statements and a mixture of sentences and strings of sentences. Intermediate Mid students are able to understand some information from connected statements in oral or written sources. Intermediate Mid students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Mid students are consistently successful when performing Intermediate-level tasks.(B) Students at the Intermediate High proficiency level express meaning in a variety of contexts by creating with the language, easily combining and recombining what they know, what they read, and what they hear in a mixture of sentences and connected discourse. Intermediate High students are able to understand information from connected statements in oral or written sources. Intermediate High students are generally understood by listeners and readers unaccustomed to dealing with language learners. Intermediate High students are consistently successful when performing Intermediate-level tasks. Intermediate High students show evidence of Advanced Low proficiency but lack consistency.(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in the target language in rehearsed and unrehearsed situations in a variety of contexts appropriate to the professional, business, or industry setting. The student uses a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes. The student is expected to:(A) use professional etiquette and protocol such as making introductions, speaking on the telephone, and offering and receiving feedback appropriate to the professional, business, or industry setting;(B) participate appropriately in conversations and in informal written exchanges related to the professional, business, or industry setting;(C) identify and use appropriate strategies for communicating with diverse individuals;(D) evaluate the effectiveness of one's own and others' communication;(E) give and receive complex oral instructions to perform tasks specific to the professional, business, or industry setting;(F) interact and react in spoken conversation using culturally appropriate expressions, register, and gestures; and(G) interact and react in writing using culturally appropriate expressions, register, and style.(2) Interpretive communication: reading and listening. The student comprehends connected statements appropriate to the target language and the professional, business, or industry setting from culturally authentic print, digital, audio, and audiovisual materials. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes. The student is expected to:(A) employ appropriate verbal, nonverbal, and listening comprehension skills to enhance relationships in the professional, business, or industry setting;(B) paraphrase the main idea and supporting details from professional, business, or industry-related texts, audio, and audiovisual materials;(C) compare and contrast practices and perspectives related to the professional, business, or industry setting from authentic print, digital, audio, and audiovisual materials;(D) use prior knowledge and experiences to understand and interpret meanings in oral and written print, digital, audio, and audiovisual materials appropriate to the professional, business, or industry setting;(E) apply data to evaluate performance or provide solutions to problems specific to the professional, business, or industry setting; and(F) understand and follow directives and procedures within the context of the professional, business, or industry setting.(3) Presentational communication: speaking and writing. The student presents business or industry-related information in the target language both orally and in writing using a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes with an awareness of situational uses of language in cultural contexts. The student is expected to:(A) apply spoken and written conventions and mechanics;(B) present analyzed data and communicate findings in a variety of formats specific to the professional, business, or industry setting;(C) design and present an effective professional, business, or industry-related product using appropriate register for the audience, occasion, and purpose; and(D) create written, oral, and visual presentations of professional, business, or industry-related information to inform, persuade, or motivate an audience.(4) Professional, business, or industry-specific terminology. The student effectively communicates using the target language and cultural understanding in rehearsed and unrehearsed situations using professional, business, or industry-specific terminology. The student is expected to:(A) use various strategies to infer the meaning of unfamiliar words or phrases in business or industry-specific texts, audio, and audiovisual materials such as trade publications, case studies, business journals, or conference presentations;(B) apply newly acquired basic and academic language related to the professional, business, or industry setting in meaningful ways that build concepts and language implementation;(C) demonstrate an understanding of different dialects used in communities served by the profession, business, or industry; and(D) communicate using advanced technical vocabulary, jargon, and abbreviations necessary for communicating with employers, clients, and other professionals in the target language.(5) Career applications. The student demonstrates professional standards/employability skills as required in the professional, business, or industry setting. The student is expected to:(A) demonstrate appropriate communication for employers, clients, and coworkers in the target language through verbal, nonverbal, and digital means;(B) demonstrate professional etiquette appropriate to the professional, business, or industry setting;(C) demonstrate an understanding of relevant ethical and legal issues such as confidentiality and fiduciary responsibility;(D) communicate effectively in the target language in career development activities such as mock interviews;(E) set goals and reflect on progress in using the target language for career development and advancement; and(F) adhere to ethical codes of conduct by following copyright laws and restrictions and using technology responsibly.</content><note type="source"><p>Source Note: The provisions of this §114.53 adopted to be effective July 30, 2017, 42 TexReg 3640; amended to be effective August 26, 2019, 44 TexReg 4480.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c114/scD"><num value="D">SUBCHAPTER D</num><heading>OTHER LANGUAGES OTHER THAN ENGLISH COURSES</heading><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.61"><num value="114.61">§114.61</num><heading>Implementation of Texas Essential Knowledge and Skills for Languages Other Than English Courses</heading><content>The provisions of this subchapter shall be implemented by school districts beginning August 28, 2017.</content><note type="source"><p>Source Note: The provisions of this §114.61 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective December 31, 2014, 39 TexReg 10471.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.62"><num value="114.62">§114.62</num><heading>Advanced Placement (AP) Chinese Language and Culture (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. The prerequisite for this course is Chinese, Level III or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) Chinese Language and Culture are prescribed in the College Board Publication Advanced Placement (AP) Chinese Language and Culture, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.62 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.63"><num value="114.63">§114.63</num><heading>Advanced Placement (AP) French Language and Culture (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. The prerequisite for this course is French, Level III or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) French Language and Culture are prescribed in the College Board Publication Advanced Placement (AP) French Language and Culture, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.63 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.64"><num value="114.64">§114.64</num><heading>Advanced Placement (AP) German Language and Culture (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. The prerequisite for this course is German, Level III or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) German Language and Culture are prescribed in the College Board Publication Advanced Placement (AP) German Language and Culture, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.64 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.65"><num value="114.65">§114.65</num><heading>Advanced Placement (AP) Italian Language and Culture (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. The prerequisite for this course is Italian, Level III or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) Italian Language and Culture are prescribed in the College Board Publication Advanced Placement (AP) Italian Language and Culture, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.65 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.66"><num value="114.66">§114.66</num><heading>Advanced Placement (AP) Japanese Language and Culture (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. The prerequisite for this course is Japanese, Level III or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) Japanese Language and Culture are prescribed in the College Board Publication Advanced Placement (AP) Japanese Language and Culture, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.66 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.67"><num value="114.67">§114.67</num><heading>Advanced Placement (AP) Latin (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. The prerequisite for this course is Latin, Level III or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) Latin are prescribed in the College Board Publication Advanced Placement (AP) Latin, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.67 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.68"><num value="114.68">§114.68</num><heading>Advanced Placement (AP) Spanish Language and Culture (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. The prerequisite for this course is Spanish, Level III or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) Spanish Language and Culture are prescribed in the College Board Publication Advanced Placement (AP) Spanish Language and Culture, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.68 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.69"><num value="114.69">§114.69</num><heading>Advanced Placement (AP) Spanish Literature and Culture (One Credit)</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level V or higher. The prerequisite for this course is AP Spanish Language and Culture or Spanish, Level IV or equivalent proficiency.(b) Content requirements. Content requirements for Advanced Placement (AP) Spanish Literature and Culture are prescribed in the College Board Publication Advanced Placement (AP) Spanish Literature and Culture, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §114.69 adopted to be effective July 15, 2014, 39 TexReg 5385.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.70"><num value="114.70">§114.70</num><heading>International Baccalaureate (IB) Language B, Modern Languages Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. Prerequisite: Languages Other Than English, Level III, Intermediate Low to Intermediate Mid Proficiency or IB Language Ab Initio in the corresponding language or demonstrated equivalent proficiency. Students may take this course with a different target language for a maximum of three credits.(b) Content requirements. Content requirements for approved IB language courses are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §114.70 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective August 27, 2018, 43 TexReg 4206.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.71"><num value="114.71">§114.71</num><heading>International Baccalaureate (IB) Language B, Modern Languages Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. Prerequisite: Languages Other Than English, Level III, Intermediate Low to Intermediate Mid Proficiency or IB Language Ab Initio in the corresponding language or demonstrated equivalent proficiency. Students may take this course with a different target language for a maximum of three credits.(b) Content requirements. Content requirements for approved IB language courses are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §114.71 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective August 27, 2018, 43 TexReg 4206.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.72"><num value="114.72">§114.72</num><heading>International Baccalaureate (IB) Classical Languages Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. Prerequisite: Languages Other Than English, Classical Languages, Level III, Novice Mid to Advanced Low Proficiency in the corresponding language or demonstrated equivalent proficiency. Students may take this course with a different target language for a maximum of three credits.(b) Content requirements. Content requirements for approved IB language courses are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §114.72 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective August 27, 2018, 43 TexReg 4206.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.73"><num value="114.73">§114.73</num><heading>International Baccalaureate (IB) Classical Languages Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level IV or higher. Prerequisite: Languages Other Than English, Classical Languages, Level III, Novice Mid to Advanced Low Proficiency in the corresponding language or demonstrated equivalent proficiency. Students may take this course with a different target language for a maximum of three credits.(b) Content requirements. Content requirements for approved IB language courses are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §114.73 adopted to be effective July 15, 2014, 39 TexReg 5385; amended to be effective August 27, 2018, 43 TexReg 4206.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c114/scD/s114.74"><num value="114.74">§114.74</num><heading>International Baccalaureate (IB) Language Ab Initio Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course may be used to satisfy a credit requirement for Languages Other Than English, Level I or higher. Students may take this course with a different target language for a maximum of three credits.(b) Content requirements. Content requirements for approved IB language courses are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §114.74 adopted to be effective August 27, 2018, 43 TexReg 4206.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c115"><num value="115">CHAPTER 115</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR HEALTH EDUCATION</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c115/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c115/scA/s115.11"><num value="115.11">§115.11</num><heading>Implementation of Texas Essential Knowledge and Skills for Health Education, Adopted 2020</heading><content>(a) The provisions of §§115.12-115.17 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2021, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for health education as adopted in §§115.12-115.17 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§115.12-115.17 of this subchapter shall be implemented beginning with the 2022-2023 school year and apply to the 2022-2023 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§115.12-115.17 of this subchapter shall be implemented for the following school year.(e) Sections 115.1-115.7 of this subchapter shall be superseded by the implementation of §§115.11-115.17 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §115.11 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scA/s115.12"><num value="115.12">§115.12</num><heading>Health Education, Kindergarten, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the five strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies.(3) In Kindergarten-Grade 3, students gain an understanding of health information and skills through five strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; and alcohol, tobacco, and other drugs.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(5) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structure, function, and relationships of body systems and their relevance to personal health. The student is expected to name the five senses.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) name people who can provide health care guidance such as parents, family members, other trusted adults, teachers, and health care professionals;(B) identify personal hygiene and health habits that help individuals stay healthy such as hand washing and brushing teeth;(C) discuss ways in which germs are transmitted, methods of preventing the spread of germs, and the importance of immunization; and(D) identify head lice and biting insects that may cause illness and their proper removal and care.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) identify their own feelings and emotions;(B) describe and practice calming and self-management strategies;(C) discuss how friends can influence a person's behavior;(D) demonstrate skills for making new acquaintances;(E) demonstrate respect and communicate appropriately with individuals; and(F) identify and practice ways to solve conflicts with a friend.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) describe positive social skills and personal qualities such as truth, kindness, reliability, and respectfulness; and(B) discuss the meaning of goals and identify at least one health-related goal.(5) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to discuss how to treat peers with different learning needs with dignity.(6) Healthy eating and physical activity--food and beverage daily recommendations. The student identifies and explains healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) demonstrate an understanding that the human body is composed mostly of water and explain the importance of drinking water daily;(B) identify healthy portion sizes for common food items;(C) identify types of foods that help the body grow, including fruits and vegetables, dairy, and protein; and(D) identify healthy and unhealthy snack choices.(7) Healthy eating and physical activity--risk and protective factors. The student identifies and explains risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) describe basic facts of food allergy safety such as not sharing food and explain the importance of respecting others who have allergies; and(B) identify habits that help individuals stay healthy such as getting the proper amount of sleep and daily physical activity.(8) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to:(A) discuss and demonstrate procedures for responding to emergencies, including reporting to a parent or another trusted adult or contacting 911; and(B) identify the purpose and demonstrate the proper use of protective equipment such as seat belts, booster seats, and bicycle helmets.(9) Injury and violence prevention and safety--healthy relationships and conflict-resolution skills. The student differentiates between healthy and unhealthy relationships and demonstrates effective strategies to address conflict. The student is expected to:(A) identify roles and characteristics of a trusted adult;(B) identify and role play refusal skills such as saying "no" to protect personal space and to avoid unsafe situations; and(C) identify personal space and appropriate boundaries.(10) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) name safe play environments;(B) name objects that may be dangerous such as knives, scissors, and screwdrivers and explain how they can be harmful; and(C) recall personal home address as part of a personal safety plan.(11) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to identify situations when one should get help from a teacher, parent, or other trusted adult when made to feel bullied, uncomfortable, or unsafe in a digital or online environment.(12) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) identify bullying behaviors and the role of the bystander;(B) identify ways to discourage bullying;(C) describe appropriate actions to take in response to bullying such as telling a parent or another trusted adult; and(D) explain and practice how to get help from a parent or another trusted adult when made to feel uncomfortable or unsafe by another person.(13) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between the use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) discuss the proper usage of medications; and(B) discuss the harmful effects of alcohol, tobacco, and drugs on physical health.(14) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to identify refusal skills and how to get help from a parent or another trusted adult in unsafe situations involving the use or misuse of alcohol, tobacco, and other drugs.</content><note type="source"><p>Source Note: The provisions of this §115.12 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scA/s115.13"><num value="115.13">§115.13</num><heading>Health Education, Grade 1, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the five strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies.(3) In Kindergarten-Grade 3, students gain an understanding of health information and skills through five strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; and alcohol, tobacco, and other drugs.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(5) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structure, function, and relationships of body systems and their relevance to personal health. The student is expected to demonstrate use of the five senses.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) identify types of health care professionals and describe the services they provide such as medical checkups, dental exams, and vision and hearing screenings;(B) describe personal hygiene and health habits that enhance individual health such as personal hygiene, oral hygiene, and getting enough sleep;(C) describe ways in which germs are transmitted, methods of preventing the spread of germs, and the importance of immunization; and(D) describe where head lice and biting insects that may cause illness, including ticks and mosquitos, are commonly encountered and how to avoid them.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) identify their own feelings and emotions;(B) discuss and explain how emotions can interrupt thinking and the self-management process;(C) describe and practice calming and self-management strategies;(D) describe ways in which peers and families can work together to build healthy relationships;(E) describe ways to build and maintain friendships;(F) identify ways to respectfully communicate verbally and nonverbally;(G) identify feelings and emotions expressed by others; and(H) identify and practice ways to solve conflicts with friends and peers.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) discuss ways to be kind to self and how to identify areas for growth; and(B) explain the importance of goal setting and task completion.(5) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) discuss and demonstrate how to treat peers with different learning needs with dignity and respect;(B) identify situations that can create positive stress and positive emotions; and(C) discuss the signs and symptoms associated with negative stress such as loss or grief.(6) Healthy eating and physical activity--food and beverage daily recommendations. The student identifies and explains healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) explain that fruits, proteins, vegetables, and dairy provide essential vitamins and minerals;(B) identify recommended portion sizes by comparing portions to familiar objects such as a golf ball for a cookie or a frisbee for a dinner plate;(C) identify the food groups and classify examples of foods into each group; and(D) identify ingredients that make foods and drinks unhealthy such as added sugar and other sweeteners.(7) Healthy eating and physical activity--nutrition and physical activity literacy. The student obtains, processes, and understands basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to identify examples of health information provided by various media and how the examples affect nutritional habits and physical activity.(8) Healthy eating and physical activity--risk and protective factors. The student identifies and explains risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) identify common food allergies and explain the importance of respecting others who have allergies; and(B) describe habits that improve individual health such as getting enough sleep, eating nutritious foods, and exercising.(9) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to:(A) discuss and demonstrate strategies to keep self and others safe by staying away from dangerous situations and reporting to a parent or another trusted adult or contacting 911; and(B) identify the purpose and demonstrate proper use of protective equipment such as seat belts, booster seats, and bicycle helmets.(10) Injury and violence prevention and safety--healthy relationships and conflict-resolution skills. The student differentiates between healthy and unhealthy relationships and demonstrates effective strategies to address conflict. The student is expected to:(A) practice refusal skills to protect personal space and avoid unsafe situations;(B) identify appropriate personal boundaries, privacy, and space; and(C) recall parents'/caregivers' phone numbers as part of a personal safety plan.(11) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) describe the difference between safe and unsafe environments; and(B) identify ways to avoid weapons and harming oneself or others by staying away from dangerous situations and reporting to a parent or another trusted adult.(12) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to demonstrate how to get help from a teacher, parent, or other trusted adult when made to feel bullied, uncomfortable, or unsafe in a digital or online environment.(13) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) describe consequences for both the victim and the bully and the impact of bullying on the victim;(B) discuss ways of discouraging bullying;(C) explain the differences between teasing, joking, and playing around and bullying; and(D) identify how to get help from a parent or another trusted adult when made to feel uncomfortable or unsafe by another person.(14) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between the use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) identify the difference between over-the-counter and prescription drugs; and(B) identify and describe the harmful effects of alcohol, tobacco, other drugs, and dangerous substances such as inhalants, vaping products, and household products on physical health.(15) Alcohol, tobacco, and other drugs--treatment. The student understands how to seek emergency help for self and others in poisoning and overdose situations. The student is expected to describe what poisoning or overdose could look like and identify how to respond, including who to contact for help.(16) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to identify how to get help from a parent or another trusted adult related to alcohol, tobacco, and drug abuse.(17) Alcohol, tobacco, and other drugs--prevention. The student demonstrates refusal skills to avoid substance use and misuse. The student is expected to identify unsafe situations and practice strategies to avoid risky behaviors related to alcohol, tobacco, and other drugs.</content><note type="source"><p>Source Note: The provisions of this §115.13 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scA/s115.14"><num value="115.14">§115.14</num><heading>Health Education, Grade 2, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the five strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies.(3) In Kindergarten-Grade 3, students gain an understanding of health information and skills through five strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; and alcohol, tobacco, and other drugs.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understanding the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(5) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structure, function, and relationships of body systems and their relevance to personal health. The student is expected to describe ways to protect the five senses such as wearing sunglasses or using a safe volume setting on audio devices.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) describe the importance of individual health maintenance activities such as regular medical checkups, dental exams, and vision and hearing screenings;(B) explain actions an individual should take when not feeling well;(C) discuss the importance of practicing personal hygiene and health habits;(D) explain ways in which germs are transmitted, methods of preventing the spread of germs, and the importance of immunization;(E) identify common illnesses and diseases, including asthma, diabetes, and epilepsy, and their symptoms; and(F) discuss the signs and symptoms of illness that may occur after contact with biting insects, including ticks and mosquitos.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) communicate needs, wants, and emotions in healthy ways;(B) describe and practice calming and self-management strategies;(C) discuss and explain how thoughts and emotions are related;(D) explain the effect of peer influence on an individual's social and emotional health;(E) describe the qualities of a good friend;(F) describe and demonstrate respectful ways to communicate with family members, peers, teachers, and others;(G) identify the feelings and perspectives of others by interpreting their verbal and nonverbal cues; and(H) identify ways to prevent and repair broken friendships.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) discuss ways to be kind to self and others;(B) define personal growth and identify areas for one's personal growth; and(C) list the steps and describe the importance of goal setting and task completion.(5) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) identify strategies for managing different learning needs of self and others; and(B) identify positive and negative stressors and how they impact emotions and learning.(6) Healthy eating and physical activity--food and beverage daily recommendations. The student identifies and explains healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) identify types of nutrients;(B) use familiar objects to identify healthy food portions from different food groups;(C) identify healthy and unhealthy choices within the food groups; and(D) identify the benefits of making healthy beverage choices, including water and milk, and limiting sweetened beverages such as soda and sports drinks.(7) Healthy eating and physical activity--nutrition and physical activity literacy. The student obtains, processes, and understands basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to identify various media that provide health information and how media can influence an individual's health choices such as television advertisements for fast foods and breakfast cereals.(8) Healthy eating and physical activity--risk and protective factors. The student identifies and explains risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) identify signs and symptoms of common food allergies; and(B) identify the benefits of establishing healthy eating and physical activity habits that will last a lifetime.(9) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to describe steps one can take to reduce hazards, avoid accidents, and prevent accidental injuries for self and others.(10) Injury and violence prevention and safety--healthy relationships and conflict-resolution skills. The student differentiates between healthy and unhealthy relationships and demonstrates effective strategies to address conflict. The student is expected to:(A) demonstrate refusal skills to protect personal space and avoid unsafe situations; and(B) discuss the importance of telling a parent or another trusted adult when privacy or personal boundaries are not respected or when the student is made to feel unsafe.(11) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) describe unsafe situations, including interacting with strangers;(B) explain ways to avoid weapons and report the presence of unsupervised weapons to a parent or another trusted adult;(C) identify the hazards of unsupervised and improper handling of guns and other weapons; and(D) identify two trusted adults not part of the immediate family and recall their phone numbers as part of a personal safety plan.(12) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) identify unsafe requests made in a digital or online environment and how to take appropriate action;(B) explain why obtaining help, especially from parents or other trusted adults, is critical when making decisions regarding digital and online use; and(C) identify consequences that result from cyberbullying and inappropriate digital and online usage.(13) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) describe consequences for the bully and the impact of bullying on the victim;(B) describe the difference between reporting and tattling; and(C) explain why obtaining assistance, especially from parents or other trusted adults, can be helpful when making decisions about personal safety.(14) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between the use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) describe the purposes of prescription and over-the-counter drugs and their intended benefits; and(B) explain the harmful effects on physical health and how to avoid alcohol, tobacco, other drugs, and dangerous substances such as inhalants, vaping products, and household products.(15) Alcohol, tobacco, and other drugs--treatment. The student understands how to seek emergency help for self and others in poisoning and overdose situations. The student is expected to describe what poisoning or overdose could look like and identify how to respond, including who to contact for help.(16) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) identify unsafe requests related to alcohol, tobacco, and other drugs made by friends; and(B) identify a trusted adult such as a parent, teacher, or law enforcement officer.(17) Alcohol, tobacco, and other drugs--prevention. The student demonstrates refusal skills to avoid substance use and misuse. The student is expected to identify ways to avoid unsafe situations related to alcohol, tobacco, and other drugs and demonstrate refusal skills.</content><note type="source"><p>Source Note: The provisions of this §115.14 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scA/s115.15"><num value="115.15">§115.15</num><heading>Health Education, Grade 3, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the five strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies.(3) In Kindergarten-Grade 3, students gain an understanding of health information and skills through five strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; and alcohol, tobacco, and other drugs.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and the identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(5) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structure, function, and relationships of body systems and their relevance to personal health. The student is expected to name, locate, and describe the primary functions and major components of body systems, including the skeletal, muscular, circulatory, and respiratory systems.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) explain the importance of seeking assistance in making decisions about health;(B) describe methods of accessing information about health;(C) identify the benefits of decision making about personal health;(D) identify the importance of taking personal responsibility for developing and maintaining personal hygiene and health habits;(E) explain ways in which germs are transmitted, methods of preventing the spread of germs, and the importance of immunization;(F) identify that there are diseases such as allergies, asthma, diabetes, and epilepsy that are not caused by germs; and(G) identify common vectors, including ticks and mosquitos, and explain how and when to perform a self-check for vectors.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) communicate needs, wants, and emotions in healthy ways;(B) describe strategies for assessing thoughts and applying calming and self-management practices;(C) discuss and explain how the brain develops through maturation;(D) distinguish between healthy and harmful influences of friends and others;(E) describe the characteristics of healthy and unhealthy friendships;(F) describe the value of respectful communication;(G) discuss how others may experience situations differently than oneself; and(H) demonstrate strategies for resolving conflicts.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) define self-esteem and ways it is formed, including identifying areas for one's personal growth; and(B) describe the importance of seeking guidance from a parent or another trusted adult in setting goals.(5) Mental health and wellness--identifying and managing mental health and wellness concerns. The student will develop and use appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) describe methods for managing challenges related to long-term health conditions;(B) describe strategies to support others in managing different learning needs;(C) describe positive outcomes of stress, including creativity, focus, energy, drive, and purpose;(D) describe and practice healthy behaviors that reduce stress; and(E) describe the importance of acceptance of oneself and others.(6) Healthy eating and physical activity--food and beverage daily recommendations. The student identifies and explains healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) classify foods by the nutrients they provide;(B) plan a balanced meal that follows government nutrition guidelines;(C) examine nutrition labels to identify the difference between foods containing natural sugars and foods with added sugars or sweeteners; and(D) identify and categorize foods based on saturated and unsaturated fat content.(7) Healthy eating and physical activity--nutrition and physical activity literacy. The student obtains, processes, and understands basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to describe the importance of accessing health information through a variety of credible health resources.(8) Healthy eating and physical activity--risk and protective factors. The student identifies and explains risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) identify the common food allergens listed on food packaging; and(B) describe how healthy and unhealthy behaviors affect body systems and demonstrate refusal skills in dealing with unhealthy eating situations.(9) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to develop a home-safety and emergency response plan such as a fire safety plan.(10) Injury and violence prevention and safety--healthy relationships and conflict-resolution skills. The student differentiates between healthy and unhealthy relationships and demonstrates effective strategies to address conflict. The student is expected to identify refusal skills such as saying "no" when privacy, personal boundaries, or personal space are not respected.(11) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) identify reasons for avoiding violence, gangs, weapons, and drugs;(B) identify characteristics of safe home, school, and community environments;(C) discuss the hazards of unsupervised and improper handling of guns and other weapons; and(D) create a personal safety plan.(12) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) identify and discuss the need for safety awareness in a digital or online environment;(B) identify appropriate ways to communicate in digital and online environments;(C) discuss who is appropriate to communicate with and what is appropriate information to share in digital and online environments; and(D) explain consequences that result from cyberbullying and inappropriate digital and online usage.(13) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) describe how to effectively respond to bullying and cyberbullying of oneself or others;(B) explain the importance of seeking assistance in making decisions about personal safety; and(C) define abuse and neglect.(14) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between the use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) identify misuse and proper use of over-the-counter and prescription drugs; and(B) describe the harmful effects of alcohol, tobacco, other drugs, and dangerous substances, including inhalants, vaping products, and household products, on physical health.(15) Alcohol, tobacco, and other drugs--short- and long-term impacts. The student identifies and analyzes the short- and long-term impacts of the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to describe the harmful effects of alcohol, tobacco, other drugs, and dangerous substances such as inhalants and household products on mental and social health.(16) Alcohol, tobacco, and other drugs--treatment. The student understands how to seek emergency help for self and others in poisoning and overdose situations. The student is expected to describe the signs of poisoning or overdose and identify how to respond, including who to contact for help.(17) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) describe how friends can influence a person's decision to use or not use alcohol or drugs; and(B) describe the difference between reporting and tattling and why it is important to report the use of alcohol, tobacco, and other drugs by friends or peers.(18) Alcohol, tobacco, and other drugs--prevention. The student demonstrates refusal skills to avoid substance use and misuse. The student is expected to demonstrate refusal skills related to alcohol, tobacco, and other drugs using assertive communication.</content><note type="source"><p>Source Note: The provisions of this §115.15 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scA/s115.16"><num value="115.16">§115.16</num><heading>Health Education, Grade 4, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the six strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies.(3) In Grade 4 and higher, students gain an understanding of health information and skills through six strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; alcohol, tobacco, and other drugs; and reproductive and sexual health.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems will lay the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and the identification of safe and unsafe situations creates empowered and educated students able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(F) Beginning in Grade 4, students learn about changes associated with adolescent development in the reproductive and sexual health strand. In subsequent grade levels, students identify the purpose of these changes and their role in fertilization and reproduction. Students learn the characteristics of healthy and unhealthy relationships and how to use communication and refusal skills to set personal boundaries in dating/romantic relationships. Students also identify how to respond to sexual harassment and abuse.(4) An integral part of health education involves educators being aware of state laws relevant to human sexuality instruction. These laws include affirming:(A) a local school district's control over the provision of human sexuality instruction to ensure that local community values are reflected in that instruction (Texas Education Code (TEC), §28.004(e)-(h));(B) the right of a parent or legal guardian to be informed of the provision of human sexuality instruction to their child and review the content of that instruction (TEC, §28.004(i)-(j));(C) the right of a parent or legal guardian to remove their child from any portion of human sexuality instruction without penalty to the child (TEC, §28.004(i));(D) the centrality of abstinence education in any human sexuality curriculum (TEC, §28.004(e)); and(E) the right of a parent or legal guardian to be informed of and consent to an abortion performed on their pregnant child (with judicially authorized or medical emergency exceptions) (Texas Family Code, Chapter 33).(5) Educators also should be aware of and abide by the statutory prohibition on taxpayer resource transactions between state governmental entities, including public schools, and abortion providers or an affiliate of an abortion provider (Texas Government Code, Chapter 2272).(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(7) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structure, function, and relationships of body systems and their relevance to personal health. The student is expected to name, locate, and describe the primary function and major components of the body systems, including the nervous, immune, digestive, and integumentary systems.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) explain the importance of health information and how it can be used;(B) describe how health care decision making is influenced by external factors such as cost and access;(C) explain strategies for maintaining personal hygiene and health habits;(D) distinguish between communicable and noncommunicable illnesses;(E) explain actions to take when illness occurs, including asthma, diabetes, and epilepsy; and(F) define vector-borne illnesses and describe how to reduce their risk.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) analyze how thoughts and emotions influence behaviors;(B) describe the importance of identifying and reframing thoughts and applying calming and self-management strategies when dealing with strong emotions, including anger;(C) discuss and explain how the brain develops during childhood and the role the brain plays in behavior;(D) identify positive and negative characteristics of social groups;(E) explain the importance of being a positive role model;(F) explain the importance of demonstrating consideration when communicating with individuals who use diverse methods to communicate such as different languages or adaptive methods;(G) identify verbal, physical, and situational cues that indicate how others may feel; and(H) explain the difference between assertive behavior and aggressive behavior.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) discuss ways to help build self-esteem of self, friends, and others, including areas for one's personal growth and ways to gather constructive feedback;(B) explain the advantages of setting short- and long-term goals; and(C) explain the importance of time management with respect to a goal.(5) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) describe methods for managing concerns related to long-term health conditions for self and others;(B) differentiate between positive and negative stress;(C) define sources of stress, including trauma, loss, and grief;(D) discuss ways to promote a healthy body image; and(E) identify ways to express and manage overwhelming emotions without harming oneself, others, or property such as calming strategies or talking to a parent or another trusted adult.(6) Healthy eating and physical activity--food and beverage daily recommendations. The student identifies and explains healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) explain why the body needs each of the six major nutrients contained in foods;(B) identify nutritional information on menus and food labels;(C) determine appropriate portion sizes when eating out, including at fast food restaurants;(D) identify the recommended guidelines for added sugar consumption and explain how excess sugar consumption can impact health, including causing dental cavities and obesity; and(E) identify healthy fast food choices such as ordering smaller serving sizes and substituting salads for fries and grilled foods for fried foods and their associated impacts on health.(7) Healthy eating and physical activity--physical activity. The student identifies, analyzes, and applies strategies for enhancing and maintaining optimal personal physical fitness throughout the lifespan. The student is expected to identify the physical, mental, and social benefits of physical fitness.(8) Healthy eating and physical activity--nutrition and physical activity literacy. The student obtains, processes, and understands basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to:(A) describe the importance of goal setting and set a goal for making healthy food choices; and(B) gather data from a variety of credible sources to help make informed nutritional and physical activity choices.(9) Healthy eating and physical activity--risk and protective factors. The student identifies and explains risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) describe the connection between physical activity and the prevention of obesity, heart disease, and diabetes; and(B) differentiate between healthy and unhealthy eating habits and demonstrate refusal skills in dealing with unhealthy eating situations.(10) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to identify and demonstrate strategies for preventing and responding to injuries.(11) Injury and violence prevention and safety--healthy relationships and conflict-resolution skills. The student differentiates between healthy and unhealthy relationships and demonstrates effective strategies to address conflict. The student is expected to explain the importance of using refusal skills such as saying "no" when privacy, personal boundaries, or personal space are not respected.(12) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) identify strategies for avoiding violence, gangs, and weapons;(B) identify characteristics of gang behavior;(C) identify strategies that can be used to promote safety in homes, schools, and communities; and(D) create a personal safety plan.(13) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) differentiate between appropriate and inappropriate ways to communicate in digital and online environments;(B) explain what information is appropriate to share and who it is appropriate to share information with in digital and online environments; and(C) discuss the consequences of cyberbullying and inappropriate digital and online communication in relation to home and school environments.(14) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) analyze distinguishing characteristics of cyberbullying;(B) describe the negative impact bullying, including cyberbullying, has on both the victim and the bully;(C) explain the importance of seeking guidance from parents and other trusted adults on critical personal safety issues; and(D) identify types of abuse and neglect and ways to seek help from a parent or another trusted adult.(15) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between the use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) explain why some drugs require a prescription; and(B) identify the differences between prescription drugs, over-the-counter drugs, other drugs, and dangerous substances, including inhalants, vaping products, and household products.(16) Alcohol, tobacco, and other drugs--short- and long-term impacts. The student identifies and analyzes the short- and long-term impacts of use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to:(A) describe the short- and long-term harmful effects of alcohol, tobacco, other drugs, and dangerous substances such as inhalants and household products on mental and social health; and(B) describe the legal consequences of the misuse of alcohol, tobacco, other drugs, and dangerous substances.(17) Alcohol, tobacco, and other drugs--treatment. The student understands how to seek emergency help for self and others in poisoning and overdose situations. The student is expected to describe the signs of poisoning or overdose and identify how to respond, including who to contact for help.(18) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) distinguish between positive and negative peer influences and their effects on a person's decision to use or not use alcohol or drugs; and(B) identify methods available to report unsafe situations related to alcohol, tobacco, and other drugs.(19) Alcohol, tobacco, and other drugs--prevention. The student demonstrates refusal skills to avoid substance use and misuse. The student is expected to:(A) demonstrate refusal skills using assertive communication related to alcohol, tobacco, and other drugs; and(B) identify ways to avoid drugs and discuss healthy alternative activities to the use of drugs and other substances.(20) Reproductive and sexual health--anatomy, puberty, and reproduction. The student identifies adolescent development. The student is expected to:(A) explain changes that occur in males and females during puberty and adolescent development; and(B) define the menstrual cycle.</content><note type="source"><p>Source Note: The provisions of this §115.16 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scA/s115.17"><num value="115.17">§115.17</num><heading>Health Education, Grade 5, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the six strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies.(3) In Grade 4 and higher, students gain an understanding of health information and skills through six strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; alcohol, tobacco, and other drugs; and reproductive and sexual health.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems will lay the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and the identification of safe and unsafe situations creates empowered and educated students able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(F) Beginning in Grade 4, students learn about changes associated with adolescent development in the reproductive and sexual health strand. In subsequent grade levels, students identify the purpose of these changes and their role in fertilization and reproduction. Students learn the characteristics of healthy and unhealthy relationships and how to use communication and refusal skills to set personal boundaries in dating/romantic relationships. Students also identify how to respond to sexual harassment and abuse.(4) An integral part of health education involves educators being aware of state laws relevant to human sexuality instruction. These laws include affirming:(A) a local school district's control over the provision of human sexuality instruction to ensure that local community values are reflected in that instruction (Texas Education Code (TEC), §28.004(e)-(h));(B) the right of a parent or legal guardian to be informed of the provision of human sexuality instruction to their child and review the content of that instruction (TEC, §28.004(i)-(j));(C) the right of a parent or legal guardian to remove their child from any portion of human sexuality instruction without penalty to the child (TEC, §28.004(i));(D) the centrality of abstinence education in any human sexuality curriculum (TEC, §28.004(e)); and(E) the right of a parent or legal guardian to be informed of and consent to an abortion performed on their pregnant child (with judicially authorized or medical emergency exceptions) (Texas Family Code, Chapter 33).(5) Educators also should be aware of and abide by the statutory prohibition on taxpayer resource transactions between state governmental entities, including public schools, and abortion providers or an affiliate of an abortion provider (Texas Government Code, Chapter 2272).(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(7) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structure, function, and relationships of body systems and their relevance to personal health. The student is expected to describe the structure, functions, and interdependence of the major body systems, including the reproductive, endocrine, and urinary systems.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) explain how to manage common minor illnesses such as colds and skin infections;(B) identify how to distinguish between myth and fact when accessing information about health;(C) identify decision-making skills that promote individual, family, and community health;(D) describe the benefits of promoting health maintenance for individuals and households;(E) analyze how personal hygiene helps prevent the spread of germs and communicable illnesses; and(F) distinguish between treatments if infected by various vectors, including ticks and mosquitos.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) analyze how thoughts and emotions influence behaviors;(B) practice and apply strategies for calming and self-management;(C) explain ways of maintaining healthy relationships and resisting negative peer influence in social groups;(D) analyze how to identify perspectives and respectful ways to communicate disagreement with friends, family, teachers, and others;(E) define and differentiate between sympathy and empathy toward others; and(F) describe ways to engage in and promote positive interactions when conflict arises.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) identify and demonstrate strategies to help build self-esteem for self, friends, and others;(B) describe benefits of setting and implementing short- and long-term goals and perseverance to achieve those goals;(C) discuss choices and decision making as part of goal setting; and(D) identify goals that one wishes to achieve, including identifying areas for one's personal growth and ways to gather constructive feedback.(5) Mental health and wellness--risk and protective factors. The student recognizes the influence of various factors on mental health and wellness. The student is expected to:(A) identify factors such as school climate and safety measures that affect an individual's physical, emotional, and social health; and(B) discuss how brain development during childhood affects emotions and decision making.(6) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) compare and contrast healthy and unhealthy methods for managing concerns related to long-term health conditions for self and others;(B) identify situations in which stress can help to achieve goals and build resiliency;(C) examine ways to reduce the impact of stress, trauma, loss, and grief;(D) define eating disorders and disordered eating patterns as mental health concerns and the importance of seeking help from a parent or another trusted adult for self or others if these patterns are observed;(E) describe situations that call for professional mental health services; and(F) discuss healthy alternatives to harming oneself, others, or property and the importance of telling a parent or another trusted adult when someone is struggling to manage overwhelming emotions or lacks support.(7) Healthy eating and physical activity--food and beverage daily recommendations. The student analyzes and applies healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) identify foods that are sources of one or more of the six major nutrients;(B) examine food labels and menus for nutritional content, calories, and serving sizes;(C) identify the amount of sugar in common beverages and snacks and the daily recommended allowance for added sugar; and(D) identify caffeine content of common beverages and health concerns associated with excess caffeine consumption.(8) Healthy eating and physical activity--physical activity. The student identifies, analyzes, and applies strategies for enhancing and maintaining optimal personal physical fitness throughout the lifespan. The student is expected to explain the physical, mental, and social benefits of fitness.(9) Healthy eating and physical activity--nutrition and physical activity literacy. The student obtains, processes, and understands basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to:(A) describe the importance of goal setting and set a goal for achieving appropriate levels of physical activity; and(B) research and evaluate health products and information about physical activity and nutritional choices.(10) Healthy eating and physical activity--risk and protective factors. The student analyzes and applies risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) describe the connection between dietary choices and the prevention of obesity, heart disease, and diabetes; and(B) identify attitudes and behaviors that can reduce the likelihood of developing chronic conditions such as obesity, heart disease, or diabetes.(11) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to analyze strategies for preventing and responding to injuries.(12) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) explain strategies for avoiding violence, gangs, and weapons and define human trafficking;(B) examine characteristics of gang behavior;(C) identify safety procedures that can be used in various situations, including violence in the home, school, and community; and(D) create a personal safety plan.(13) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) distinguish between appropriate and inappropriate boundaries for digital and online communication and research;(B) explain the benefits of identity protection in digital and online environments; and(C) analyze the consequences of cyberbullying and inappropriate digital and online communication in relation to home, school, and community environments.(14) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) identify methods available to report bullying;(B) identify ways to advocate for self and others to prevent bullying and cyberbullying behavior; and(C) explain the impact of abuse and neglect and the importance of reporting abuse and neglect.(15) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between the use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) explain the reasons to avoid the misuse of over-the-counter and prescription drugs;(B) identify and explain the importance of each component of prescription and over-the-counter drug labels; and(C) describe the physiological effects of alcohol, vaping products, tobacco, other drugs, and dangerous substances.(16) Alcohol, tobacco, and other drugs--short- and long-term impacts. The student identifies and analyzes the short- and long-term impacts of use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to:(A) analyze the short- and long-term harmful effects of alcohol, tobacco, other drugs, and dangerous substances such as inhalants and household products on the functions of the body systems and mental and social health; and(B) describe the legal consequences of the illegal use of alcohol, tobacco, other drugs, and dangerous substances.(17) Alcohol, tobacco, and other drugs--treatment. The student understands how to seek emergency help for self and others in poisoning and overdose situations. The student is expected to describe the signs of poisoning or overdose and identify how to respond, including who to contact for help.(18) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) analyze how positive peer influence can be used to help a person decide not to use alcohol or drugs; and(B) describe the importance of seeking help and reporting unsafe situations related to alcohol, tobacco, and other drugs.(19) Alcohol, tobacco, and other drugs--prevention. The student demonstrates refusal skills to avoid substance use and misuse. The student is expected to:(A) assess how being assertive, using refusal skills, and evaluating peer influence can affect decision making and problem solving;(B) identify a variety of scenarios and the different types of refusal skills that can be used to avoid the use of alcohol, tobacco, and other drugs; and(C) identify and describe healthy alternative activities to the use of drugs and other substances.(20) Reproductive and sexual health--healthy relationships. The student understands the characteristics of healthy romantic relationships. The student is expected toidentify characteristics of healthy dating/romantic relationships and marriage, including sharing, kindness, honesty, respect, trust, patience, communication, and compatibility.(21) Reproductive and sexual health--personal safety, limits, and boundaries. The student understands how to set and respect personal boundaries to reduce the risk of sexual abuse and harassment. The student is expected to:(A) define sexual harassment, sexual abuse, sexual assault, and sex trafficking;(B) identify ways of reporting suspected sexual abuse involving self or others such as telling a parent or another trusted adult;(C) identify refusal skills such as saying "no" to any unwanted touch that violates personal boundaries in relationships; and(D) discuss and explain the importance of making decisions regarding setting personal boundaries and respecting the boundaries of others.(22) Reproductive and sexual health--anatomy, puberty, reproduction, and pregnancy. The student identifies the processes of adolescent development, fertilization, and healthy fetal development. The student is expected to:(A) explain the physical, social, and emotional changes that occur in males and females during puberty and adolescent development;(B) describe the process of the menstrual cycle;(C) identify and describe the role of hormones in the growth and development of secondary sex characteristics such as body hair growth and voice change in males;(D) define the processes of fertilization and reproduction; and(E) identify significant milestones of fetal development.</content><note type="source"><p>Source Note: The provisions of this §115.17 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c115/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c115/scB/s115.25"><num value="115.25">§115.25</num><heading>Implementation of Texas Essential Knowledge and Skills for Health Education, Adopted 2020</heading><content>(a) The provisions of §115.26 and §115.27 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2021, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for health education as adopted in §115.26 and §115.27 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §115.26 and §115.27 of this subchapter shall be implemented beginning with the 2022-2023 school year and apply to the 2022-2023 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §115.26 and §115.27 of this subchapter shall be implemented for the following school year.(e) Sections 115.21-115.23 of this subchapter shall be superseded by the implementation of §§115.25-115.27 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §115.25 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scB/s115.26"><num value="115.26">§115.26</num><heading>Grade 6, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the six strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies. In addition, areas in the standards related to abuse, neglect, violence, loss, grief, trauma, and suicide may directly affect some students in the classroom. Should the educator recognize signs of discomfort with instruction in these areas, students should be referred to the appropriate resource, identified ahead of such instruction, for additional help and support.(3) Students gain an understanding of health information and skills through six strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; alcohol, tobacco, and other drugs; and reproductive and sexual health.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(F) Beginning in Grade 4, students learn about changes associated with adolescent development in the reproductive and sexual health strand. In subsequent grade levels, students identify the purpose of these changes and their role in fertilization and reproduction. Students learn the characteristics of healthy and unhealthy relationships and how to use communication and refusal skills to set personal boundaries in dating/romantic relationships. Students also identify how to respond to sexual harassment and abuse.(4) An integral part of health education involves educators being aware of state laws relevant to human sexuality instruction. These laws include affirming:(A) a local school district's control over the provision of human sexuality instruction to ensure that local community values are reflected in that instruction (Texas Education Code (TEC), §28.004(e)-(h));(B) the right of a parent or legal guardian to be informed of the provision of human sexuality instruction to their child and review the content of that instruction (TEC, §28.004(i)-(j));(C) the right of a parent or legal guardian to remove their child from any portion of human sexuality instruction without penalty to the child (TEC, §28.004(i));(D) the centrality of abstinence education in any human sexuality curriculum (TEC, §28.004(e)); and(E) the right of a parent or legal guardian to be informed of and consent to an abortion performed on their pregnant child (with judicially authorized or medical emergency exceptions) (Texas Family Code, Chapter 33).(5) Educators also should be aware of and abide by the statutory prohibition on taxpayer resource transactions between state governmental entities, including public schools, and abortion providers or an affiliate of an abortion provider (Texas Government Code, Chapter 2272).(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(7) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structure, function, and relationships of body systems and their relevance to personal health. The student is expected to explain how to maintain the healthy status of body systems.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) compare immediate and long-term effects of personal health care choices such as personal and dental hygiene;(B) develop criteria for evaluating the validity of health information and sources;(C) describe ways to demonstrate decision-making skills based on health information;(D) identify current health-related issues and recommendations or guidelines;(E) explain the role of preventive health measures, immunizations, and treatment such as wellness exams and dental check-ups in disease prevention;(F) describe actions that should be taken when illness occurs, including asthma, diabetes, and epilepsy; and(G) describe and recognize the signs, symptoms, and treatments of vector-borne illnesses such as Lyme disease or West Nile Virus.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) demonstrate healthy methods for communicating emotions in a variety of scenarios;(B) assess and demonstrate healthy ways of responding to conflict;(C) differentiate between positive and negative peer influence;(D) describe methods for communicating important issues with and understanding perspectives of parents and peers;(E) discuss and demonstrate how to listen and respect others' feelings and perspectives in a variety of scenarios; and(F) identify strategies for using non-violent conflict resolution skills.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) identify how physical and social changes impact self-esteem;(B) identify possible health benefits of setting and implementing long-term personal goals;(C) create and discuss personal life goals that one wishes to achieve and consider the financial impact of graduating from high school, having a full-time job, and waiting until marriage if one plans to have children; and(D) explain the steps in the decision-making process and the importance of following the steps.(5) Mental health and wellness--risk and protective factors. The student recognizes the influence of various factors on mental health and wellness. The student is expected to:(A) identify and discuss how adolescent brain development influences emotions, decision making, and logic; and(B) relate physical environmental factors such as school climate and availability of resources to individual, family, and community health.(6) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) examine the outcomes of healthy and unhealthy methods for managing challenges related to long-term health conditions of self and others;(B) identify and describe lifetime strategies for managing conditions that impact learning such as attention-deficit disorder (ADD), attention-deficit/hyperactivity disorder (ADHD), dyslexia, dysgraphia, and sensory issues;(C) identify how to respond positively to develop resiliency;(D) describe healthy and unhealthy self-management strategies for stress, anxiety, depression, trauma, loss, and grief;(E) identify causes and effects associated with disordered eating and eating disorders such as bulimia, anorexia, and binge eating disorder and the importance of seeking help from a parent or another trusted adult for oneself or others related to disordered eating;(F) discuss the suicide risk and suicide protective factors identified by the Centers for Disease Control and Prevention (CDC) and the importance of telling a parent or another trusted adult if one observes the warning signs in self or others;(G) explain the role of a healthy self-concept in avoiding self-harming behaviors that can occur when someone is struggling to manage overwhelming emotions; and(H) identify suicide prevention resources such as the National Suicide Prevention Hotline.(7) Healthy eating and physical activity--food and beverage daily recommendations. The student analyzes and applies healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) define micronutrients, including calcium and iron, and their recommended daily allowances;(B) compare and contrast common food labels and menus for nutritional content and calories;(C) describe healthy and unhealthy dietary practices;(D) explain the importance of a realistic personal dietary plan; and(E) evaluate the importance of choosing lower sodium alternatives to foods that have high levels of sodium such as salty snacks and canned vegetables.(8) Healthy eating and physical activity--physical activity. The student identifies, analyzes, and applies strategies for enhancing and maintaining optimal personal physical fitness throughout the lifespan. The student is expected to:(A) identify the CDC guidelines for daily physical activity throughout the lifespan; and(B) analyze the benefits of regular physical activity on mental, physical, and social health.(9) Healthy eating and physical activity--nutrition and physical activity literacy. The student obtains, processes, and understands basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to:(A) make a variety of healthy personal food choices and develop short- and long-term goals to achieve appropriate levels of physical activity and improve personal physical fitness levels; and(B) explain the role of media and technology in influencing individual and community health related to physical activity and nutritional choices.(10) Healthy eating and physical activity--risk and protective factors. The student analyzes and applies risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) analyze the impact of moderate physical activity and dietary choices on the prevention of obesity, heart disease, and diabetes;(B) identify strategies to adopt healthy behaviors to reduce the likelihood of developing chronic conditions such as obesity, heart disease, or diabetes;(C) analyze internal and external factors that influence healthy eating and physical activity behaviors; and(D) discuss the nutritional differences between preparing and serving fresh or minimally processed foods and commercially prepared or highly processed foods.(11) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to describe basic first-aid procedures.(12) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) discuss and demonstrate strategies for avoiding violence, gangs, weapons, and human trafficking;(B) define safe haven and identify dedicated safe haven locations in the community;(C) describe the dangers associated with a variety of weapons;(D) explain the importance of complying with rules prohibiting possession of weapons; and(E) create a personal safety plan.(13) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) discuss appropriate personal digital and online communication boundaries;(B) develop strategies to resist inappropriate digital and online communication such as social media posts, sending and receiving photos, sexting, and pornography;(C) discuss and analyze consequences resulting from inappropriate digital and online communication such as social media posts, sending and receiving photos, sexting, and pornography;(D) discuss strategies and techniques for identity protection in digital and online environments;(E) identify how technology is used to recruit or manipulate potential victims of sex trafficking; and(F) identify the current legal consequences of cyberbullying and inappropriate digital and online communication.(14) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) identify how exposure to family violence can influence behavior and the importance of reporting suspected abuse;(B) assess healthy and appropriate ways of responding to and discouraging bullying and cyberbullying, including behavior that takes place at school;(C) analyze the impact that bullying has on both victims and bullies;(D) identify strategies for prevention and intervention of all forms of bullying and cyberbullying such as emotional, physical, social, and sexual; and(E) discuss ways to seek the input of parents and other trusted adults in problem solving issues relating to violence and bullying.(15) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) describe the misuse and abuse of prescription and over-the-counter drugs, including combining drugs, and the dangers associated with each;(B) compare and contrast examples of prescription and over-the-counter drug labels;(C) identify and describe practices used to safely store and properly dispose of prescription and over-the-counter drugs; and(D) describe substance abuse and addiction to alcohol, vaping products, tobacco, other drugs, and dangerous substances.(16) Alcohol, tobacco, and other drugs--short- and long-term impacts. The student identifies and analyzes the short- and long-term impacts of the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to:(A) describe the short- and long-term health consequences of prescription and over-the- counter drug misuse and substance use disorders; and(B) discuss the legal consequences related to the use, misuse, and possession of drugs, including prescription drugs.(17) Alcohol, tobacco, and other drugs--treatment. The student recognizes and understands the options for treatment and how to seek help related to the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to:(A) identify ways to report a suspected abuse of drugs to a parent, school administrator, teacher, or another trusted adult;(B) identify signs and symptoms of alcohol; tobacco; drugs, including prescription drugs; and other substance use and misuse such as using medicine prescribed for someone else or for reasons other than intended;(C) identify examples of who, when, where, and how to get help related to unsafe situations regarding the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances.(18) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) explain the impact of peer influence on decision making regarding the use of alcohol, tobacco, and other drugs;(B) describe methods for differentiating between positive and negative relationships that can influence alcohol, tobacco, and other drug use;(C) identify physical and social influences on alcohol, tobacco, and other drug use behaviors; and(D) explain the relationships between alcohol, tobacco, drugs, and other substances and the role each can play in unsafe situations such as drinking and driving.(19) Alcohol, tobacco, and other drugs--prevention. The student analyzes information and applies critical-thinking skills to avoid substance use and misuse and recognizes the benefits of delayed use. The student is expected to:(A) identify ways such as alternative activities and refusal skills to prevent or avoid the use of alcohol, tobacco, drugs, and other substances;(B) demonstrate refusal skills in various scenarios where alcohol, tobacco, and other drugs may be present; and(C) identify and describe strategies for avoiding alcohol, tobacco, and other drugs, including opioids.(20) Reproductive and sexual health--healthy relationships. The student understands the characteristics of healthy romantic relationships. The student is expected to:(A) define and distinguish between friendship, infatuation, dating/romantic relationships, and marriage;(B) describe how friendships provide a foundation for healthy dating/romantic relationships;(C) list healthy ways to express friendship, affection, and love;(D) describe characteristics of healthy dating/romantic relationships and marriage, including sharing, kindness, honesty, respect, trust, patience, communication, and compatibility;(E) explain that each person in a dating/romantic relationship should be treated with dignity and respect; and(F) describe how healthy marriages can contribute to healthy families and communities.(21) Reproductive and sexual health--personal safety, limits, and boundaries. The student understands how to set and respect personal boundaries to reduce the risk of sexual harassment, sexual abuse, and sexual assault. The student is expected to:(A) identify that physical, emotional, and sexual abuse and exploitation are all forms of abuse;(B) identify the social and emotional impacts of sexual harassment, sexual abuse, sexual assault, and sex trafficking;(C) list the characteristics of unhealthy or harmful relationships, including anger, controlling behavior, jealousy, manipulation, and isolation;(D) identify ways of reporting suspected sexual abuse involving self or others such as telling a parent or another trusted adult;(E) explain how a healthy sense of self and making and respecting decisions about safe boundaries and limits promote healthy dating/romantic relationships;(F) identify communication and refusal skills and how they can be applied in dating/romantic relationships; and(G) explain the importance of clearly communicating and respecting personal boundaries and using refusal skills related to physical intimacy such as holding hands, hugging, and kissing.(22) Reproductive and sexual health--anatomy, puberty, reproduction, and pregnancy. The student analyzes adolescent development, the process of fertilization, and healthy fetal development. The student is expected to:(A) describe changes in male and female anatomy and physiology during puberty and how rates and patterns of development can vary between individuals;(B) describe the process, characteristics, and variations of the menstrual cycle;(C) analyze the role of hormones related to growth and development and personal health;(D) describe the cellular process of fertilization in human reproduction; and(E) explain significant milestones of fetal development.(23) Reproductive and sexual health--sexual risk. The student understands that there are risks associated with sexual activity and that abstinence from sexual activity is the only 100% effective method to avoid risks. The student is expected to:(A) identify teen pregnancy as a possible outcome of sexual activity;(B) identify life goals that one wishes to achieve prior to becoming a parent;(C) define sexually transmitted infections (STIs) and sexually transmitted diseases (STDs) as infections or diseases that are spread through sex or sexual activity;(D) identify what emotional risks are associated with sexual activity between unmarried persons of school age;(E) define abstinence as refraining from all forms of sexual activity and genital contact between individuals and discuss the importance of seeking support from parents, other trusted adults, and peers to be abstinent;(F) explain why abstinence is the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age;(G) identify why abstinence from sexual activity is the only method that is 100% effective in preventing pregnancy; STDs/STIs, including human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS); and the emotional risks associated with adolescent sexual activity;(H) list the benefits of abstinence from sexual activity such as increased self-esteem, self-confidence, student academic achievement, and alignment with personal, family, and moral or religious beliefs and values; and(I) explain how laws protect victims of sexual harassment, sexual abuse, and sexual assault.</content><note type="source"><p>Source Note: The provisions of this §115.26 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scB/s115.27"><num value="115.27">§115.27</num><heading>Grades 7-8, Adopted 2020</heading><content>(a) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout the six strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies. In addition, areas in the standards related to abuse, neglect, violence, loss, grief, trauma, and suicide may directly affect some students in the classroom. Should the educator recognize signs of discomfort with instruction in these areas, students should be referred to the appropriate resource, identified ahead of such instruction, for additional help and support.(3) Students gain an understanding of health information and skills through six strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; alcohol, tobacco, and other drugs; and reproductive and sexual health.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empower students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(F) Beginning in Grade 4, students learn about changes associated with adolescent development in the reproductive and sexual health strand. In subsequent grade levels, students identify the purpose of these changes and their role in fertilization and reproduction. Students learn the characteristics of healthy and unhealthy relationships and how to use communication and refusal skills to set personal boundaries in dating/romantic relationships. Students also identify how to respond to sexual harassment and abuse.(4) An integral part of health education involves educators being aware of state laws relevant to human sexuality instruction. These laws include affirming:(A) a local school district's control over the provision of human sexuality instruction to ensure that local community values are reflected in that instruction (Texas Education Code (TEC), §28.004(e)-(h));(B) the right of a parent or legal guardian to be informed of the provision of human sexuality instruction to their child and review the content of that instruction (TEC, §28.004(i)-(j));(C) the right of a parent or legal guardian to remove their child from any portion of human sexuality instruction without penalty to the child (TEC, §28.004(i));(D) the centrality of abstinence education in any human sexuality curriculum (TEC, §28.004(e)); and(E) the right of a parent or legal guardian to be informed of and consent to an abortion performed on their pregnant child (with judicially authorized or medical emergency exceptions) (Texas Family Code, Chapter 33).(5) Educators also should be aware of and abide by the statutory prohibition on taxpayer resource transactions between state governmental entities, including public schools, and abortion providers or an affiliate of an abortion provider (Texas Government Code, Chapter 2272).(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(7) Students should first seek guidance in the area of health from a parent or legal guardian.(b) Knowledge and skills.(1) Physical health and hygiene--body systems. The student examines the structures, functions, and relationships of body systems and their relevance to personal health. The student is expected to describe the relationships among the body systems.(2) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) list specific resources or facilities where members of the community can obtain medical care;(B) explain ways to use health information to help self and others, including seizure awareness, diabetes education, and response plans such as first aid or cardiopulmonary resuscitation (CPR);(C) identify barriers related to solving health problems and ways to overcome barriers; and(D) explain the course, signs, symptoms, and treatments of vector-borne illnesses such as Lyme disease or West Nile Virus.(3) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) identify and analyze different emotions and causal thoughts in self;(B) analyze the relationship between thoughts, feelings, and behaviors and demonstrate healthy techniques for managing reactions in times of emotional stress;(C) evaluate the importance of social groups and peer influences and explain how they can affect individual mental health and wellness;(D) demonstrate perspective-taking and communication skills for building and maintaining healthy relationships and determining when and how to end unhealthy relationships;(E) analyze similarities and differences between one's own and others' perspectives; and(F) practice conflict resolution and mediation skills.(4) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to:(A) describe how internal and external factors influence self-esteem;(B) identify and develop strategies for setting long-term personal goals;(C) create and discuss personal life goals that one wishes to achieve and consider the financial impact of graduating from high school, having a full-time job, and waiting until marriage if one plans to have children; and(D) identify decision-making skills that promote individual, family, and community mental health.(5) Mental health and wellness--risk and protective factors. The student recognizes the influence of various factors on mental health and wellness. The student is expected to:(A) explain how adolescent brain development influences cognitive processing, emotions, and decision making;(B) identify and describe how environmental influences such as air, water, or noise can affect an individual's mental health; and(C) discuss the influence of childhood trauma and how to recognize, process, and overcome negative events.(6) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) describe methods to support others who have long-term physical health conditions;(B) examine ways to influence peers positively and promote resiliency in others in stressful situations;(C) differentiate between healthy and unhealthy self-management strategies for stress, anxiety, depression, trauma, loss, and grief;(D) describe the consequences of disordered eating and eating disorders such as bulimia, anorexia, and binge eating disorder and the importance of seeking help from a parent or another trusted adult for oneself or others related to disordered eating;(E) discuss the suicide risk and suicide protective factors identified by the Centers for Disease Control and Prevention (CDC) and the importance of telling a parent or another trusted adult if one observes the warning signs in self or others;(F) research and discuss protective factors and healthy self-management strategies to avoid self-harming behaviors; and(G) examine how the use of suicide prevention resources such as the National Suicide Prevention Hotline can reduce the likelihood of suicide.(7) Healthy eating and physical activity--food and beverage daily recommendations. The student analyzes and applies healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) analyze food labels and menus to determine the nutritional value of foods and make healthy decisions about daily caloric intake;(B) develop a personal dietary plan; and(C) identify and practice strategies for choosing healthy foods and beverages in diverse social environments, including at home, at school, and while dining out.(8) Healthy eating and physical activity--physical activity. The student identifies, analyzes, and applies strategies for enhancing and maintaining optimal personal physical fitness throughout the lifespan. The student is expected to:(A) explain the relationships between nutrition, physical activity, quality of life, and disease in terms of their mental, physical, and social benefits;(B) identify how to balance caloric intake and physical activity; and(C) apply the CDC guidelines for daily physical activity to develop a physical fitness plan using appropriate technology.(9) Healthy eating and physical activity--nutrition and physical activity literacy. The student obtains, processes, and understands basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to:(A) develop and examine progress of short- and long-term goals toward achieving appropriate levels of physical activity, improving personal physical fitness level, and making healthy personal food choices; and(B) explain how media influences buying decisions regarding physical fitness equipment or nutritional products.(10) Healthy eating and physical activity--risk and protective factors. The student analyzes and applies risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) analyze the impact of moderate physical activity and healthy dietary practices in the prevention of obesity, heart disease, and diabetes;(B) analyze risk factors that may lead to the development of chronic conditions and formulate strategies to reduce the likelihood of developing chronic conditions;(C) identify community and digital resources that can assist in developing healthy eating and physical activity behaviors; and(D) investigate and compare the nutritional differences between preparing and serving fresh food or minimally processed food and serving commercially prepared or highly processed foods.(11) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to demonstrate basic first-aid procedures, including CPR and the choking rescue.(12) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) analyze strategies for and the benefits of avoiding violence, gangs, weapons, and human trafficking;(B) define safe haven and identify designated safe haven locations in the community;(C) evaluate the dangers associated with a variety of weapons;(D) evaluate the importance of complying with rules prohibiting possession of and the improper use of weapons; and(E) create a personal safety plan.(13) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) develop strategies to resist inappropriate digital and online communication such as social media posts, sending and receiving photos, sexting, and pornography;(B) discuss and analyze the consequences resulting from inappropriate digital and online communication such as social media posts, sending and receiving photos, sexting, and pornography;(C) evaluate strategies and techniques for identity protection in digital and online environments;(D) identify how technology is used to recruit or manipulate potential victims of sex trafficking; and(E) research the current legal consequences of cyberbullying and inappropriate digital and online communication.(14) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) identify forms of family violence, including physical, mental, and emotional violence;(B) describe the serious effects of bullying, cyberbullying, or harassment such as suicidal ideation and other effects on the individual;(C) explain the responsibility to report bullying behavior, including cyberbullying;(D) describe the seriousness of various forms of bullying such as harassment;(E) analyze strategies for prevention and intervention of all forms of bullying and cyberbullying such as emotional, physical, social, and sexual; and(F) summarize the advantages of seeking advice and feedback regarding the use of decision-making and problem-solving skills related to personal safety.(15) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) differentiate between appropriate and inappropriate use of prescription and over-the- counter drugs, including combining drugs, and the outcomes of each;(B) identify and describe the categories of prescription drugs and their proper uses;(C) identify and explain the importance of each component of an over-the-counter drug warning label; and(D) describe how substance misuse and addiction to alcohol, tobacco, vaping products, drugs, and other substances, including prescription drugs, affect the body systems and brain.(16) Alcohol, tobacco, and other drugs--short- and long-term impacts. The student identifies and analyzes the short- and long-term impacts of use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to:(A) analyze and explain the short- and long-term health consequences of addiction to alcohol and tobacco and prescription and over-the-counter drug misuse and substance use disorders;(B) analyze the importance of alternative activities to drug and substance use and misuse on mental and social health; and(C) analyze the legal consequences of the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances.(17) Alcohol, tobacco, and other drugs--treatment. The student recognizes and understands the options for treatment and how to seek help related to the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to:(A) identify and describe treatment options for substance abuse and addiction;(B) identify signs and symptoms of alcohol; tobacco; drugs, including prescription drugs; and other substance use and misuse such as using medicine prescribed for someone else or for reasons other than intended; and(C) identify at least one example of who, when, where, and how to get help related to the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances.(18) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) examine the effects and role of peer influence on decision making and problem solving regarding the use and misuse of alcohol, tobacco, and other drugs;(B) examine physical and social influences on alcohol, tobacco, and other drug use behaviors;(C) differentiate among the relationships of alcohol, tobacco, drugs, and other substances and the roles these substances play in unsafe situations such as drinking and driving; and(D) identify support systems and describe ways to report the suspected abuse of drugs to a parent, school administrator, teacher, or another trusted adult.(19) Alcohol, tobacco, and other drugs--prevention. The student analyzes information and applies critical-thinking skills to avoid substance use and misuse and recognizes the benefits of delayed use. The student is expected to develop and apply strategies, including demonstrating refusal skills, for avoiding alcohol, tobacco, and other drugs in various scenarios.(20) Reproductive and sexual health--healthy relationships. The student understands the characteristics of healthy romantic relationships. The student is expected to:(A) compare and contrast the difference between friendship, infatuation, dating/romantic relationships, and marriage;(B) explain how friendships provide a foundation for healthy dating/romantic relationships;(C) describe healthy ways to express friendship, affection, and love;(D) describe appropriate and effective methods of communicating emotions in healthy dating/romantic relationships and marriage;(E) evaluate the importance of mutual respect, trust, support, honesty, commitment, and reliability in healthy dating/romantic relationships and marriage;(F) describe behaviors in dating/romantic relationships that enhance dignity and respect; and(G) describe the benefits of healthy marriages, including companionship and social, emotional, financial, and health benefits.(21) Reproductive and sexual health--personal safety, limits, and boundaries. The student understands how to set and respect personal boundaries to reduce the risk of sexual harassment, sexual abuse, and sexual assault. The student is expected to:(A) explain that physical, emotional, and sexual abuse and exploitation are all forms of abuse;(B) explain the social and emotional impacts of sexual harassment, sexual abuse, sexual assault, and sex trafficking;(C) define dating violence and the characteristics of unhealthy or harmful relationships, including anger, controlling behavior, jealousy, manipulation, and isolation;(D) identify protective strategies for avoiding unsafe situations that heighten the risk of sexual harassment, sexual abuse, sexual assault, sex trafficking, and teen dating violence;(E) explain the importance of reporting to a parent or another trusted adult sexual harassment, sexual abuse, sexual assault, sex trafficking, and dating violence involving self or others;(F) describe how a healthy sense of self and making decisions regarding setting and respecting personal boundaries promote healthy dating/romantic relationships;(G) discuss and practice how refusal skills can be used to resist negative peer influences and reinforce personal boundaries to avoid dangerous situations and behaviors that increase sexual risk in dating/romantic relationships; and(H) explain the importance of clearly communicating and respecting personal boundaries and why individuals have the right to refuse sexual contact.(22) Reproductive and sexual health--anatomy, puberty, reproduction, and pregnancy. The student analyzes adolescent development, the process of fertilization, and healthy fetal development. The student is expected to:(A) compare and contrast the physical, hormonal, and emotional changes in males and females that occur during puberty and adolescence;(B) identify how the process of fertilization occurs between a man and a woman through sexual intercourse;(C) explain significant milestones of fetal development and the harmful effects on the fetus of certain substances such as alcohol, tobacco, and prescription drugs and environmental hazards such as lead;(D) describe the importance of telling a parent or another trusted adult, obtaining early pregnancy testing, and seeking prenatal care if signs of pregnancy occur; and(E) define the emotional changes that may occur during and after pregnancy, including postpartum depression, and discuss resources for support and treatment.(23) Reproductive and sexual health--sexual risk. The student understands that there are risks associated with sexual activity and that abstinence from sexual activity is the only 100% effective method to avoid risks. The student is expected to:(A) explain how teen pregnancy is a possible outcome of sexual activity;(B) explain the short- and long-term educational, financial, and social impacts of pregnancy on teen parents, the child, families, and society;(C) identify the difference between bacterial and viral sexually transmitted diseases/sexually transmitted infections (STDs/STIs), including long-term or lifetime effects such as infertility and cancer;(D) describe various modes of transmission of STDs/STIs;(E) identify the prevalence of STDs/STIs among teens by referencing county, state, and/or federal data sources;(F) list the signs and symptoms of STDs/STIs, including human papillomavirus (HPV), human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS), chlamydia, syphilis, gonorrhea, herpes, and trichomoniasis, and explain why not all STDs/STIs show symptoms initially;(G) explain the importance of STD/STI screening, testing, and early treatment for sexually active individuals, including during yearly physicals or if there is a concern;(H) identify community resources, a minor's right to consent under certain circumstances, and the importance of parent or other trusted adult support for STD/STI testing and treatment;(I) identify emotional risks that can be associated with sexual activity for unmarried persons of school age, including stress, anxiety, and depression;(J) identify support from parents and other trusted adults to be abstinent from sexual activity and create strategies for building peer support to be abstinent;(K) analyze the importance of abstinence as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age;(L) analyze the effectiveness and the risks and failure rates (human-use reality rates) of barrier protection and other contraceptive methods in the prevention of STDs/STIs and pregnancy;(M) explain that HPV vaccines can help prevent the transmission of the most common types of HPV, a virus that can cause genital warts and cervical cancer and other cancers in males and females;(N) research and explain the benefits of abstinence from sexual activity such as increased self-esteem, self-confidence, and student academic achievement;(O) define legal implications of teen pregnancy, including the legal effects of acknowledgement and proof of paternity;(P) describe legal aspects of sexual activity with a minor person, including the legal age of consent, statutory rape, aggravated sexual assault, sexual assault, sexual abuse, and indecency with a child; and(Q) examine the legal ramifications of sexual offenses such as sexual harassment, sexual abuse, and sexual assault.</content><note type="source"><p>Source Note: The provisions of this §115.27 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c115/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c115/scC/s115.37"><num value="115.37">§115.37</num><heading>Implementation of Texas Essential Knowledge and Skills for Health Education, Adopted 2020</heading><content>(a) The provisions of §§115.38-115.40 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2021, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for health education as adopted in §§115.38-115.40 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§115.38-115.40 of this subchapter shall be implemented beginning with the 2022-2023 school year and apply to the 2022-2023 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§115.38-115.40 of this subchapter shall be implemented for the following school year.(e) Sections 115.31-115.33 of this subchapter shall be superseded by the implementation of §§115.37-115.40 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §115.37 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scC/s115.38"><num value="115.38">§115.38</num><heading>Health I (One-Half Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one-half credit for successful completion of this course. This course is recommended for students in Grades 9-12.(b) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout six strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies. In addition, areas in the standards related to abuse, neglect, violence, loss, grief, trauma, and suicide may directly affect some students in the classroom. Should the educator recognize signs of discomfort with instruction in these areas, students should be referred to the appropriate resource, identified ahead of such instruction, for additional help and support.(3) Students will gain an understanding of health information and skills through six strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; alcohol, tobacco, and other drugs; and reproductive and sexual health.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empowers students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(F) In the reproductive and sexual health strand, students identify the characteristics of healthy and unhealthy relationships and learn to use communication and refusal skills to set personal boundaries and develop strategies for responding to sexual harassment and abuse. Students describe the changes associated with adolescent development and explain the process of fertilization, fetal development, and the importance of prenatal care. Students also learn that sexual abstinence until marriage is the only 100% effective means of avoiding unplanned pregnancies and sexually transmitted diseases/sexually transmitted infections (STDs/STIs) as well as the legal, financial, and social issues associated with sexual health and reproduction.(4) An integral part of health education involves educators being aware of state laws relevant to human sexuality instruction. These laws include affirming:(A) a local school district's control over the provision of human sexuality instruction to ensure that local community values are reflected in that instruction (Texas Education Code (TEC), §28.004(e)-(h));(B) the right of a parent or legal guardian to be informed of the provision of human sexuality instruction to their child and review the content of that instruction (TEC, §28.004(i)-(j));(C) the right of a parent or legal guardian to remove their child from any portion of human sexuality instruction without penalty to the child (TEC, §28.004(i));(D) the centrality of abstinence education in any human sexuality curriculum (TEC, §28.004(e)); and(E) the right of a parent or legal guardian to be informed of and consent to an abortion performed on their pregnant child (with judicially authorized or medical emergency exceptions) (Texas Family Code, Chapter 33).(5) Educators also should be aware of and abide by the statutory prohibition on taxpayer resource transactions between state governmental entities, including public schools, and abortion providers or an affiliate of an abortion provider (Texas Government Code, Chapter 2272).(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(7) Students should first seek guidance in the area of health from a parent or legal guardian.(c) Knowledge and skills.(1) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) analyze health information based on health-related standards;(B) develop and analyze strategies to prevent communicable and non-communicable diseases; and(C) discuss the importance of early detection and warning signs that prompt individuals of all ages to seek health care.(2) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) discuss and demonstrate perspective-taking and ways to show respect for others' feelings and express empathy toward others; and(B) analyze forms of communication such as passive, aggressive, or assertive and their impact on conflict resolution.(3) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to explain and demonstrate decision-making skills based on health information.(4) Mental health and wellness--risk and protective factors. The student recognizes the influence of various factors influencing mental health and wellness. The student is expected toanalyze how adverse childhood experiences such as abuse, neglect, and trauma can influence brain development and how to recognize, process, and overcome negative events for overall mental health and wellness.(5) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) discuss the suicide risk and suicide protective factors identified by the Centers for Disease Control and Prevention (CDC) and the importance of telling a parent or another trusted adult if one observes the warning signs in self or others; and(B) discuss how the use of suicide prevention resources such as the National Suicide Prevention Hotline reduces the likelihood of suicide.(6) Healthy eating and physical activity--food and beverage daily recommendations. The student analyzes and applies healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to:(A) evaluate food labels and menus to determine the nutritional content and value of foods and make healthy decisions about daily caloric intake;(B) compare and contrast the impact of healthy and unhealthy dietary practices; and(C) describe how a personal dietary plan affects overall health and how a plan might differ over the lifespan.(7) Healthy eating and physical activity--physical activity. The student identifies, analyzes, and applies strategies for enhancing and maintaining optimal personal physical fitness throughout the lifespan. The student is expected to:(A) analyze the relationships between nutrition, physical activity, and quality of life as they relate to mental, physical, and social health benefits; and(B) analyze the relationships between body composition, diet, and physical activity, including how to balance caloric intake and physical activity.(8) Healthy eating and physical activity--risk and protective factors. The student analyzes and applies risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) evaluate the nutritional differences between preparing and serving fresh or minimally processed food versus serving commercially prepared or highly processed foods; and(B) evaluate the connection between physical activity and dietary choices as they relate to the prevention of chronic conditions.(9) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to demonstrate basic first-aid procedures, including how to perform cardiopulmonary resuscitation (CPR) and choking rescue and how to use an automated external defibrillator (AED).(10) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) formulate strategies for avoiding violence, gangs, weapons, and human trafficking; and(B) assess the dynamics of gang behaviors.(11) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) develop strategies to resist inappropriate digital and online communication such as social media posts, sending and receiving photos, sexting, and pornography; and(B) identify appropriate responses to situations in which digital and online safety are at risk, including identity protection and recognition of predators.(12) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) research and analyze how exposure to family violence can influence cyclical behavioral patterns;(B) create a personal action plan, including identifying areas of support, for use when encountering bullying, cyberbullying, or harassment; and(C) describe the ramifications of bullying behavior.(13) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) examine examples of drug labels to determine the drug category and intended use;(B) identify and describe the importance of the safe storage and proper disposal of prescription and over-the-counter drugs; and(C) develop strategies for preventing the misuse of prescription and over-the-counter drugs, including recognizing the negative effects of combining drugs.(14) Alcohol, tobacco, and other drugs--short- and long-term impacts. The student identifies and analyzes the short- and long-term impacts of the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to describe the interrelatedness of alcohol and other drugs to health problems.(15) Alcohol, tobacco, and other drugs--treatment. The student recognizes and understands the options for treatment and how to seek help related to the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to:(A) investigate and identify treatment options for substance abuse and addiction and misuse, including prescription drugs; and(B) explain how to report suspected abuse of drugs to a parent, school administrator, teacher, or another trusted adult.(16) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) compare and contrast physical and social influences on alcohol, tobacco, and other drug use behaviors;(B) design materials for health advocacy such as promoting a substance-free life; and(C) discuss ways to participate in school-related efforts to address health-risk behaviors.(17) Alcohol, tobacco, and other drugs--prevention. The student analyzes information and applies critical-thinking skills to avoid substance use and misuse and recognizes the benefits of delayed use. The student is expected to:(A) analyze the relationship between the use of refusal skills and the avoidance of alcohol, tobacco, and other drugs; and(B) analyze the role that alcohol and other drugs play in unsafe situations, including sexual abuse and assault.(18) Reproductive and sexual health--healthy relationships. The student understands the characteristics of healthy romantic relationships. The student is expected to:(A) analyze how friendships provide a foundation for healthy dating/romantic relationships;(B) identify character traits that promote healthy dating/romantic relationships and marriage; and(C) describe how a healthy marriage can provide a supportive environment for the nurturing and development of children.(19) Reproductive and sexual health--personal safety, limits, and boundaries. The student understands how to set and respect personal boundaries to reduce the risk of sexual harassment, sexual abuse, and sexual assault. The student is expected to:(A) describe the characteristics of sex trafficking such as grooming, controlling behavior, exploitation, force, fraud, coercion, and violence;(B) analyze the characteristics of harmful relationships that can lead to dating violence;(C) analyze healthy strategies for preventing physical, sexual, and emotional abuse;(D) analyze how a healthy sense of self and making and respecting decisions about safe boundaries and limits promote healthy dating/romantic relationships;(E) explain and demonstrate how refusal strategies can be used to say "no" assertively to unhealthy behaviors in dating/romantic relationships;(F) examine factors, including alcohol and other substances, that increase sexual risk and that affect setting, perceiving, respecting, and making decisions about boundaries;(G) examine and discuss influences and pressures to become sexually active and why it is wrong to violate another person's boundaries and manipulate or threaten someone into sexual activity; and(H) explain the importance of reporting to a parent or another trusted adult sexual harassment, sexual abuse, sexual assault, and dating violence involving self or others.(20) Reproductive and sexual health--anatomy, puberty, reproduction, and pregnancy. The student analyzes adolescent development, the process of fertilization, and healthy fetal development. The student is expected toanalyze the importance of telling a parent or another trusted adult, obtaining early pregnancy testing, and seeking prenatal care if signs of pregnancy occur.(21) Reproductive and sexual health--sexual risk. The student understands that there are risks associated with sexual activity and that abstinence from sexual activity is the only 100% effective method to avoid risks. The student is expected to:(A) research and analyze the educational, financial, and social impacts of pregnancy on teen parents, the child, families, and society, including considering the effects on one's personal life goals;(B) describe various modes of transmission of STDs/STIs;(C) investigate and summarize the statistics on the prevalence of STDs/STIs among teens by referencing county, state, and/or federal data sources;(D) describe signs and symptoms of STDs/STIs, including human papillomavirus (HPV), human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS), chlamydia, syphilis, gonorrhea, herpes, and trichomoniasis, and identify that not all STDs/STIs show symptoms;(E) analyze the importance of STD/STI screening, testing, and early treatment for sexually active people, including during yearly physicals or if there is a concern;(F) analyze emotional risks that can be associated with sexual activity for unmarried persons of school age, including stress, anxiety, and depression;(G) analyze the importance and benefits of abstinence from sexual activity as it relates to emotional health and the prevention of pregnancy and STDs/STIs;(H) identify support from parents and other trusted adults and create strategies, including building peer support, to be abstinent or for return to abstinence if sexually active;(I) analyze the effectiveness and the risks and failure rates (human-use reality rates) of barrier protection and other contraceptive methods, including how they work to reduce the risk of STDs/STIs and pregnancy; and(J) explain the legal responsibilities related to teen pregnancy, including child support and acknowledgement of paternity.</content><note type="source"><p>Source Note: The provisions of this §115.38 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scC/s115.39"><num value="115.39">§115.39</num><heading>Health II (One-Half Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one-half credit for successful completion of this course. Recommended prerequisite: Health I. This course is recommended for students in Grades 9-12.(b) Introduction.(1) The goal of health education is to provide instruction that allows youth to develop and sustain health-promoting behaviors throughout their lives. The understanding and application of these standards will allow students the ability to gather, interpret, and understand health information; achieve health literacy; and adapt to the ever-evolving science of health. The health education knowledge and skills should be presented to students in a positive manner to support the development of a healthy self-concept and responsible decision making. The standards will help students reinforce, foster, and apply positive character traits.(2) There are essential skills that repeat throughout six strands and embody the interconnection of health literacy. These skills include decision making, problem solving, goal setting, maintaining healthy relationships with self and others, seeking help and support, and recognizing various influences on health such as social, environmental, media, and genetic. These skills, developed early on and reinforced throughout a student's education, will foster mastery of health concepts. Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies. In addition, areas in the standards related to abuse, neglect, violence, loss, grief, trauma, and suicide may directly affect some students in the classroom. Should the educator recognize signs of discomfort with instruction in these areas, students should be referred to the appropriate resource, identified ahead of such instruction, for additional help and support.(3) Students will gain an understanding of health information and skills through six strands: physical health and hygiene; mental health and wellness; healthy eating and physical activity; injury and violence prevention and safety; alcohol, tobacco, and other drugs; and reproductive and sexual health.(A) Physical health and hygiene education helps to prepare students for improved lifelong health outcomes. Learning about body systems lays the foundation for personal health and hygiene. Health literacy and preventative behaviors empowers students to make informed choices to support self, family, and community.(B) The mental health and wellness strand recognizes that the knowledge and skills necessary to manage emotions, reactions, and relationships are essential to reaching one's full potential. Students gain knowledge about social and emotional health, including developing a healthy self-concept, understanding risk and protective factors, and identifying and managing mental health and wellness concerns. In the early grades, students develop fluency around emotions and self-regulation and understand the relationship between feelings, thoughts, and behavior. In subsequent grades, students learn and practice appropriate ways to solve interpersonal conflicts, work to develop a positive self-image, and develop healthy self-management skills.(C) The healthy eating and physical activity strand addresses the importance of nutrition and physical activity to support a healthy lifestyle. Students apply critical-thinking and decision-making skills to make positive health choices. Students learn about essential nutrients, food groups, portion control, government nutritional recommendations, and the health benefits of being physically active. Students evaluate the connection between physical activity and nutrition and the prevention of chronic diseases.(D) By focusing on injury and violence prevention and safety, the standards promote student well-being and awareness of dangerous situations. Supporting student well-being and providing instruction in digital citizenship, bullying prevention, first aid, and identification of safe and unsafe situations creates empowered and educated students who are able to make decisions that keep themselves and others safe. Beginning in Kindergarten and continuing through high school, students gain knowledge and skills to support safety and wellness at school, at home, online, and in the community.(E) The standards under the alcohol, tobacco, and other drugs strand focus on a number of protective factors that develop empowered students who are able to make better-informed decisions, including understanding the impact of substance use on physical, mental, and social health. Through this strand, students learn key concepts about alcohol, tobacco, and other drugs, including the use, misuse, and physiological effects; short- and long-term impacts on health; treatment; risk and protective factors; and prevention. These concepts introduce healthy alternatives and ways for students to ask for and seek out help from parents and other trusted adults.(F) In the reproductive and sexual health strand, students identify the characteristics of healthy and unhealthy relationships and learn to use communication and refusal skills to set personal boundaries and develop strategies for responding to sexual harassment and abuse. Students describe the changes associated with adolescent development and explain the process of fertilization, fetal development, and the importance of prenatal care. Students also learn that sexual abstinence until marriage is the only 100% effective means of avoiding unplanned pregnancies and sexually transmitted diseases/sexually transmitted infections (STDs/STIs) as well as the legal, financial, and social issues associated with sexual health and reproduction.(4) An integral part of health education involves educators being aware of state laws relevant to human sexuality instruction. These laws include affirming:(A) a local school district's control over the provision of human sexuality instruction to ensure that local community values are reflected in that instruction (Texas Education Code (TEC), §28.004(e)-(h));(B) the right of a parent or legal guardian to be informed of the provision of human sexuality instruction to their child and review the content of that instruction (TEC, §28.004(i)-(j));(C) the right of a parent or legal guardian to remove their child from any portion of human sexuality instruction without penalty to the child (TEC, §28.004(i));(D) the centrality of abstinence education in any human sexuality curriculum (TEC, §28.004(e)); and(E) the right of a parent or legal guardian to be informed of and consent to an abortion performed on their pregnant child (with judicially authorized or medical emergency exceptions) (Texas Family Code, Chapter 33).(5) Educators also should be aware of and abide by the statutory prohibition on taxpayer resource transactions between state governmental entities, including public schools, and abortion providers or an affiliate of an abortion provider (Texas Government Code, Chapter 2272).(6) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(7) Students should first seek guidance in the area of health from a parent or legal guardian.(c) Knowledge and skills.(1) Physical health and hygiene--personal health and hygiene. The student understands health literacy, preventative health behaviors, and how to access and evaluate health care information to make informed decisions. The student is expected to:(A) analyze the cost, availability, and accessibility of health care services;(B) analyze methods of overcoming barriers related to solving health problems; and(C) analyze the influence of laws, policies, and practices, including those related to disease prevention, on health-related issues.(2) Mental health and wellness--social and emotional health. The student identifies and applies strategies to develop socio-emotional health, self-regulation, and healthy relationships. The student is expected to:(A) evaluate positive and negative effects of various relationships on physical, emotional, and social health;(B) apply communication skills that demonstrate consideration and respect for individual differences and perspectives; and(C) evaluate the effectiveness of conflict resolution techniques in various situations.(3) Mental health and wellness--developing a healthy self-concept. The student develops the capacity for self-assessment and evaluation, goal setting, and decision making in order to develop a healthy self-concept. The student is expected to describe how internal and external factors influence self-esteem.(4) Mental health and wellness--risk and protective factors. The student recognizes the influence of various factors influencing mental health and wellness. The student is expected to formulate strategies for combating environmental factors that have a detrimental effect on mental health.(5) Mental health and wellness--identifying and managing mental health and wellness concerns. The student develops and uses appropriate skills to identify and manage conditions related to mental health and wellness. The student is expected to:(A) describe the impact of positive stress on building resiliency and promoting mental health and wellness;(B) discuss the impact of choosing healthy self-management strategies for stress, anxiety, depression, trauma, loss, and grief on mental health and wellness;(C) research and explain the behaviors associated with eating disorders and their impact on health;(D) discuss how the use of suicide prevention resources such as the National Suicide Prevention Hotline reduces the likelihood of suicide; and(E) research and discuss data on and prevalence of local, state, and national suicide rates among various groups.(6) Healthy eating and physical activity--food and beverage daily recommendations. The student analyzes and applies healthy eating strategies for enhancing and maintaining personal health throughout the lifespan. The student is expected to design a realistic, long-term personal dietary plan that promotes individual and family health.(7) Healthy eating and physical activity--physical activity. The student identifies, analyzes, and applies strategies for enhancing and maintaining optimal personal physical fitness throughout the lifespan. The student is expected to:(A) compare and contrast the impact of active and sedentary lifestyles on overall health; and(B) develop a physical fitness profile using appropriate technology.(8) Healthy eating and physical activity--nutrition and physical activity literacy. The student will obtain, process, and understand basic physical activity and nutrition information needed to make health-promoting decisions. The student is expected to:(A) analyze the progress of short- and long-term goals in achieving appropriate levels of physical activity, improving personal physical fitness levels, and making healthy personal food choices; and(B) analyze marketing and advertising techniques in health product and service promotion.(9) Healthy eating and physical activity--risk and protective factors. The student analyzes and applies risk and protective factors related to healthy eating and physical activity. The student is expected to:(A) research and discuss the social and economic impact of chronic conditions, including obesity, heart disease, and diabetes; and(B) create a plan for accessing community and digital resources that can assist in developing healthy eating and physical activity behaviors.(10) Injury and violence prevention and safety--safety skills and unintentional injury. The student identifies and demonstrates safety and first aid knowledge to prevent and treat injuries. The student is expected to discuss risk-taking behaviors, including driving under the influence and distracted driving, and their associated consequences.(11) Injury and violence prevention and safety--healthy home, school, and community climate. The student understands that individual actions and awareness can impact safety, community, and environment. The student is expected to:(A) discuss and evaluate ways to respond to harmful situations that involve weapons; and(B) develop educational safety models for children and adults for use at home, school, and in the community.(12) Injury and violence prevention and safety--digital citizenship and media. The student understands how to be a safe and responsible citizen in digital and online environments. The student is expected to:(A) discuss and analyze consequences resulting from inappropriate digital and online communication such as sending and receiving photos, sexting, and pornography; and(B) assess the legal and ethical ramifications of unacceptable behaviors in digital and online environments.(13) Injury and violence prevention and safety--interpersonal violence. The student understands the impact of interpersonal violence and the importance of seeking guidance and help to maintain personal safety. The student is expected to:(A) identify and respond to situations requiring intervention for victims of bullying, cyberbullying, or harassment; and(B) promote strategies for prevention and intervention of all forms of bullying and cyberbullying such as emotional, physical, social, and sexual.(14) Alcohol, tobacco, and other drugs--use, misuse, and physiological effects. The student understands the difference between use and misuse of different substances and how the use and misuse of substances impacts health. The student is expected to:(A) analyze how substance misuse and addiction to alcohol, tobacco, drugs, and other substances impact family and community health;(B) analyze the importance of alternative activities to drug and substance misuse and abuse; and(C) identify individual and community protective factors and skills that prevent substance misuse and substance use disorders.(15) Alcohol, tobacco, and other drugs--short- and long-term impacts. The student identifies and analyzes the short- and long-term impacts of the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected toevaluate the impact of laws relating to the use and misuse of prescription and over-the-counter drugs, alcohol, tobacco, and other substances on self and community.(16) Alcohol, tobacco, and other drugs--treatment. The student recognizes and understands the options for treatment and how to seek help related to the use and misuse of alcohol; tobacco; drugs, including prescription drugs; and other substances. The student is expected to identify ways to support and assist someone who shows signs and symptoms of alcohol, tobacco, or drug use and misuse.(17) Alcohol, tobacco, and other drugs--risk and protective factors. The student understands how various factors can influence decisions regarding substance use and the resources available for help. The student is expected to:(A) discuss risk-taking behaviors such as drinking and driving with their associated legal, social, and physical consequences;(B) analyze physical and social environmental influences on the misuse and abuse of prescription drugs in places such as school, sports, or entertainment; and(C) design a public health information campaign related to safe havens, where to go for help, or reporting drug-related behaviors.(18) Alcohol, tobacco, and other drugs--prevention. The student analyzes information and applies critical-thinking skills to avoid substance use and misuse and recognizes the benefits of delayed use. The student is expected to develop strategies for preventing use or misuse of alcohol, tobacco, and other drugs, including opioids.(19) Reproductive and sexual health--healthy relationships. The student understands the characteristics of healthy romantic relationships. The student is expected to:(A) compare and contrast effective and ineffective methods of communicating emotions in healthy dating/romantic relationships and marriage;(B) analyze behaviors in romantic relationships that enhance dignity and respect; and(C) examine how a healthy marriage can provide a supportive environment for the nurturing and development of children.(20) Reproductive and sexual health--personal safety, limits, and boundaries. The student understands how to set and respect personal boundaries to reduce the risk of sexual harassment, sexual abuse, and sexual assault. The student is expected to:(A) identify community resources to support individuals who have experienced sexual harassment, sexual abuse, sexual assault, dating violence, and sex trafficking;(B) evaluate the importance of reporting to a parent or another trusted adult sexual harassment, sexual abuse, sexual assault, and dating violence involving self or others;(C) discuss how refusal skills can be used to set limits and boundaries to avoid behaviors that increase sexual risk;(D) analyze factors, including alcohol and other substances, that increase sexual risk and that affect setting, perceiving, respecting, and making decisions about boundaries; and(E) evaluate influences and pressures to become sexually active and why it is wrong to violate another person's boundaries and manipulate or threaten someone into sexual activity.(21) Reproductive and sexual health--anatomy, puberty, reproduction, and pregnancy. The student analyzes adolescent development, the process of fertilization, and healthy fetal development. The student is expected to:(A) analyze the significance of hormonal, physical, emotional, and social changes in males and females and their relationship to sexual health;(B) list factors such as heredity, environment, STDs/STIs, and the mother's health and nutrition that can affect fetal development from conception through birth; and(C) describe the emotional changes that may occur during and after pregnancy, including postpartum depression, and identify resources for support and treatment.(22) Reproductive and sexual health--sexual risk. The student understands that there are risks associated with sexual activity and that abstinence from sexual activity is the only 100% effective method to avoid risks. The student is expected to:(A) analyze the options available to teenage parents such as parenting or the process of adoption and the legal rights of parties involved;(B) evaluate long-term or lifetime effects of bacterial and viral STDs/STIs, including infertility and cancer;(C) identify community resources, minors' right to consent under certain circumstances, and the importance of parent or other trusted adult support for STD/STI testing and treatment;(D) analyze the effectiveness and the risks and failure rates (human-use reality rates) of barrier protection and other contraceptive methods, including how they work to reduce the risk of STDs/STIs and pregnancy;(E) identify the effectiveness of vaccines in preventing the transmission of the most common types of HPV, a virus that may cause genital warts and head and neck cancer, cervical cancer, anal cancer, or other cancers that may occur in males and females;(F) analyze the benefits of abstinence from sexual activity, including focusing on personal development and encouraging individuals to build healthy relationships not complicated by sexual involvement;(G) assess support from parents and other trusted adults and create strategies, including building peer support, to be abstinent or for return to abstinence if sexually active;(H) investigate and summarize legal aspects of sexual activity with a minor person, including the legal age of consent, statutory rape, aggravated sexual assault, sexual assault, and indecency with a child; and(I) investigate and summarize current laws relating to sexual offenses such as sexual harassment, abuse, and assault.</content><note type="source"><p>Source Note: The provisions of this §115.39 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c115/scC/s115.40"><num value="115.40">§115.40</num><heading>Your Health in the Real World (One-Half Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one-half credit for successful completion of this course. This course is recommended for students in Grades 9-12.(b) Introduction.(1) Living your best life is understanding how to navigate the health care system. The objective of this course is to empower students and their families to sustain or improve their quality of life as it relates to their own health and the health of their community. To achieve this objective, students will understand health care terminology as it relates to insurance and public health. Further, students will acquire the knowledge and skills needed to utilize community, state, and federal health care services and related resources.(2) Health class educators are encouraged to partner with school counselors where available to schedule time for them to deliver classroom guidance lessons to help teach these essential competencies. In addition, areas in the standards related to abuse, neglect, violence, loss, grief, trauma, and suicide may directly affect some students in the classroom. Should the educator recognize signs of discomfort with instruction in these areas, students should be referred to the appropriate resource, identified ahead of such instruction, for additional help and support.(3) An integral part of health education involves educators being aware of state laws relevant to human sexuality instruction. These laws include affirming:(A) a local school district's control over the provision of human sexuality instruction to ensure that local community values are reflected in that instruction (Texas Education Code (TEC), §28.004(e)-(h));(B) the right of a parent or legal guardian to be informed of the provision of human sexuality instruction to their child and review the content of that instruction (TEC, §28.004(i)-(j));(C) the right of a parent or legal guardian to remove their child from any portion of human sexuality instruction without penalty to the child (TEC, §28.004(i));(D) the centrality of abstinence education in any human sexuality curriculum (TEC, §28.004(e)); and(E) the right of a parent or legal guardian to be informed of and consent to an abortion performed on their pregnant child (with judicially authorized or medical emergency exceptions) (Texas Family Code, Chapter 33).(4) Educators also should be aware of and abide by the statutory prohibition on taxpayer resource transactions between state governmental entities, including public schools, and abortion providers or an affiliate of an abortion provider (Texas Government Code, Chapter 2272).(5) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(6) Students should first seek guidance in the area of health from a parent or legal guardian.(c) Knowledge and skills.(1) Health literacy--health consumerism. The student understands medical terminology in health decision making. The student is expected to:(A) define medical expressions or terms used by health care professionals; and(B) define basic terminology for general use such as reading prescription labels.(2) Health literacy--health consumerism. The student interprets personal medical information for health decision making. The student is expected to:(A) interpret and explain take-home instructions from a health care professional;(B) identify normal vital signs, including temperature, blood pressure, heart rate, body mass index (BMI), oxygen, and blood glucose levels;(C) interpret medication labels, including supplements and over-the-counter and prescription drugs; and(D) analyze the importance of each component of personal medical history, including immunizations, previous treatments, current medical records, and family history.(3) Health literacy--health consumerism. The student analyzes the different facets of health insurance. The student is expected to:(A) differentiate between types of insurance, including health, vision, and dental insurance;(B) evaluate the advantages, disadvantages, and costs of public and private insurance benefits;(C) analyze key components of insurance, including copay and deductible;(D) describe different ways to pay for health care, including paying cash, health savings accounts, and flexible spending accounts; and(E) interpret the components of a medical bill such as the explanation of benefits (EOB).(4) Health literacy--health consumerism. The student identifies the proper use of medications and becomes familiar with the effects of pharmaceuticals. The student is expected to:(A) compare and contrast the differences between generic and name-brand medications;(B) identify cost differentials of similar medications and the rights of the consumer, including the ability to ask a pharmacist for other options;(C) explain the limitations of medications, including the differences between symptomatic treatment and treatment for a cure;(D) identify different types of improper use of medications, including using expired medications and using, overusing, and misusing non-prescribed medications;(E) identify ways to properly dispose of medications and equipment and explain the importance of proper disposal; and(F) explain what Food and Drug Administration (FDA) approval means and compare with off-label use.(5) Health literacy--patient advocacy. The student identifies alternatives to health insurance coverage. The student is expected to:(A) research and describe available health care sharing plans;(B) identify the options of community health care resources, including federally qualified healthcare centers (FQHC) and non-profit community clinics; and(C) identify available health care community resources such as medical, dental, vision, pharmacy, x-ray, and laboratory services.(6) Health literacy--patient advocacy. The student demonstrates proper patient/health care professional communication. The student is expected to:(A) define the Health Information Privacy and Portability Act (HIPPA) and explain how it relates to confidentiality of medical records;(B) identify patient rights, including rights to sexually transmitted disease/sexually transmitted infection (STD/STI) testing and pregnancy health care and explain physician privileges;(C) define the role of a chaperone in a medical setting, including the patient's ability to request or remove one;(D) demonstrate how to have a collaborative conversation with a health care professional, including asking questions and advocating for self and others;(E) analyze the impact of medical bias on health outcomes; and(F) evaluate resources relevant to patients' legal rights, including the Centers for Medicare and Medicaid Services' Patient's Bill of Rights (2020).(7) Health literacy--health applications and technology. The student analyzes and evaluates software applications and other technology as they relate to personal health care. The student is expected to:(A) compare and contrast remote (telehealth and e-medicine) and in-person health care and treatment;(B) research and describe the effects of inequitable distribution of technology in health care, including medical facilities and home environments;(C) differentiate between credible and false health information on the internet and social media;(D) analyze the risks of sharing private health information; and(E) evaluate the use and effectiveness of a personal fitness device or health application.(8) Health literacy--navigating the health care system. The student examines and interprets various health insurance plans, government guidelines for health plans, and coverage of non-traditional health care. The student is expected to:(A) compare and contrast insurance plans, including health maintenance organization (HMO), preferred provider organization (PPO), Medicare, Medicaid, and the Children's Health Insurance Program (CHIP);(B) research and explain current federal, state, and local government guidelines for health insurance; and(C) distinguish between insurable and non-insurable health services, including elective procedures and integrative and non-traditional health care.(9) Health care occupations--working within the health care system. The student explores different careers in the health care industry and analyzes their various roles. The student is expected to:(A) explore and describe a variety of careers in the health care industry; and(B) analyze the various roles in the health care delivery system, including health care administration, health care professionals, public health professionals, corporate health care, and research and development.(10) Public health--policy resources. The student understands the resources available for protecting and improving the health of people and their local, national, and international communities. The student is expected to:(A) identify the roles of leading public health organizations such as county health departments, the Centers for Disease Control and Prevention (CDC), and the World Health Organization (WHO);(B) compare and contrast U.S. and global health issues;(C) explain the ways that local, state, national, and international organizations support public health; and(D) analyze the effects of public policy on the prevention of communicable and noncommunicable diseases.(11) Public health--policy recommendations. The student applies public health resources to create solutions to daily health challenges. The student is expected to:(A) research and discuss an emerging health issue or topic such as health equity or a pandemic;(B) appraise the impact of leading health organizations on emerging health issues and topics;(C) explore and explain the effects of environmental policy on public health;(D) analyze the interconnectedness of different sectors of the health care industry and how they improve public health; and(E) evaluate the impact of public health policy on emergency preparedness.(12) Public health--mental health. The student recognizes the interconnectedness of mental health and public health. The student is expected to:(A) examine the relationship between mental health and physical health;(B) evaluate the importance of social interaction and its impact on health;(C) describe the connection between mental health and the increase in homelessness and incarceration; and(D) analyze the impact of social stigma on accessing mental health services, including barriers to treatment.(13) Prevention--healthy living. The student evaluates the effects of health behaviors on preventing disease. The student is expected to:(A) appraise the effect of biological family medical history (genetics), including maternal and paternal, on health outcomes or risk for illness;(B) evaluate the benefits of regular checkups;(C) classify primary, secondary, and tertiary preventions;(D) define comorbidities and their impact on health;(E) examine health risk factors such as sedentary lifestyle and poor diet that can lead to negative health outcomes;(F) research and describe preventative services covered by insurance plans;(G) explain the importance of vaccines across the lifespan;(H) evaluate the effectiveness of a personal health plan that includes nutrition, exercise, healthy weight, and sleep in preventing chronic disease; and(I) evaluate the effectiveness of prevention campaigns on health behavior such as substance use, misuse, and abuse.</content><note type="source"><p>Source Note: The provisions of this §115.40 adopted to be effective August 1, 2022, 46 TexReg 2756.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c116"><num value="116">CHAPTER 116</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR PHYSICAL EDUCATION</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c116/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c116/scA/s116.11"><num value="116.11">§116.11</num><heading>Implementation of Texas Essential Knowledge and Skills for Physical Education, Elementary School, Adopted 2020</heading><content>(a) The provisions of §§116.12-116.17 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2021, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for physical education as adopted in §§116.12-116.17 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§116.12-116.17 of this subchapter shall be implemented beginning with the 2022-2023 school year and apply to the 2022-2023 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§116.12-116.17 of this subchapter shall be implemented for the following school year.(e) Sections 116.1-116.7 of this subchapter shall be superseded by the implementation of §§116.11-116.17 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §116.11 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scA/s116.12"><num value="116.12">§116.12</num><heading>Physical Education, Kindergarten, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term "age appropriate" means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for various ages and ability levels of students. Basic equipment for quality instruction includes, but is not limited to, the following list: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Kindergarten-Grade 5, students learn fundamental movement skills and cues; begin to understand that the body functions in relation to physical activity; develop body control; become aware of the health-related fitness components; begin applying strategies, rules, etiquette, and conflict resolution techniques in dynamic situations; and identify safety practices and protocols while being physically active. Students engage in activities that develop basic levels of strength, endurance, and flexibility. Activities are presented to complement a student's natural inclination to view physical activity as challenging and enjoyable.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) practice proper foot patterns and form and maintain balance while hopping, galloping, running, sliding, skipping, and walking;(B) practice correct technique while jumping in place, forward and backward, and side to side;(C) demonstrate visual tracking and tracing, simple balancing, cross lateralization, and sequencing of two skills; and(D) spin and roll at different levels, speeds, and positions.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) maintain balance while bearing weight using different bases of support; and(B) practice bending, stretching, twisting, and curling while maintaining balance.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) self-toss an object and throw underhand with opposite foot forward;(B) catch a self-dropped ball before it bounces twice and catch a self-tossed object before it hits the ground;(C) practice dribbling with one hand;(D) tap a ball using the inside of the foot;(E) kick a stationary ball from a stationary position;(F) volley a lightweight object to self;(G) strike a lightweight object using hand or short-handled implement;(H) jump at least once with a self-turned rope; and(I) demonstrate swinging a long rope back and forth with a partner.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) differentiate between personal and general space while moving to simple rhythms and maintaining balance;(B) demonstrate a variety of pathways, shapes, and levels while maintaining balance; and(C) demonstrate clear contrast when moving in different speeds and directions while maintaining balance.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to mirror and follow teacher movement and basic rhythm patterns.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) demonstrate the skills of chasing, fleeing, and dodging to avoid or catch others during a variety of games while maintaining appropriate space and speed;(B) practice the correct techniques for motor development skills following teacher direction; and(C) demonstrate safe practices by following rules, procedures, and directions during class and activities.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to discuss outdoor recreation and health and fitness activities in school and the community.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) discuss the immediate effect of physical activity on the heart and lungs;(B) describe the importance of daily active play; and(C) participate in exercises that promote health-related fitness.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) describe the importance of goal setting; and(B) identify how to measure improvement in physical skills such as counting the number of times a student can hop while maintaining balance.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) recognize that eating a variety of foods produces energy for physical activity; and(B) identify the best source of hydration during physical activity.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) identify proper clothing and footwear for physical activity; and(B) identify safety precautions, including pedestrian, water, sun, and cycling safety, with teacher guidance.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) give examples of consequences resulting from personal actions;(B) demonstrate respect for differences and similarities in abilities of self and others; and(C) identify personal impulses and emotions with teacher guidance.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) demonstrate respect and cooperation through words and actions with teacher guidance; and(B) communicate feelings and thoughts appropriately with teacher guidance.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to explain why some physical activities are challenging.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to listen respectfully and respond appropriately to corrective feedback with teacher guidance.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) participate in moderate to vigorous physical activity on a regular basis; and(B) identify physical activity for personal enjoyment with teacher guidance.</content><note type="source"><p>Source Note: The provisions of this §116.12 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scA/s116.13"><num value="116.13">§116.13</num><heading>Physical Education, Grade 1, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term "age appropriate" means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for various ages and ability levels of students. Basic equipment for quality instruction includes, but is not limited to, the following list: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Kindergarten-Grade 5, students learn fundamental movement skills and cues; begin to understand that the body functions in relation to physical activity; develop body control; become aware of the health-related fitness components; begin applying strategies, rules, etiquette, and conflict resolution techniques in dynamic situations; and identify safety practices and protocols while being physically active. Students engage in activities that develop basic levels of strength, endurance, and flexibility. Activities are presented to complement a student's natural inclination to view physical activity as challenging and enjoyable.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) practice proper foot patterns and maintain balance while hopping, galloping, running, sliding, and skipping;(B) practice correct technique while jumping in place, forward and backward, side to side, and quarter turns while maintaining balance;(C) demonstrate visual tracking and tracing, simple balancing, cross lateralization, and sequencing of three skills; and(D) spin and roll at different levels, speeds, and positions.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) maintain balance standing on one foot for five seconds while placing the free leg in a variety of different positions; and(B) demonstrate bending, stretching, twisting, curling, and swaying while maintaining balance.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) demonstrate key elements of self-tossing and throwing underhand while stepping with the opposite foot forward to a target;(B) demonstrate key elements of catching an accurately and softly thrown large ball and a self-tossed object;(C) practice dribbling continuously with one hand while stationary using preferred hand;(D) tap or dribble a ball using the inside of the foot while walking;(E) approach and kick a stationary ball;(F) volley a lightweight object to self and partner;(G) strike an object using a short-handled implement, projecting the object upward;(H) jump consecutively with a self-turned rope; and(I) turn a long rope.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) move in personal and general space to rhythms and beats while maintaining balance;(B) travel over, under, around, and through using a variety of pathways, shapes, and levels; and(C) differentiate between fast and slow speeds, strong and light force, and various directions.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to mirror and follow teacher movement and basic rhythm patterns in four counts.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) apply the skills of chasing, fleeing, and dodging to avoid or catch others while maintaining appropriate space and speed during a variety of games;(B) identify and follow teacher instructions to improve performance for specific motor development skills; and(C) demonstrate safe practices by using equipment appropriately and respecting personal space with teacher guidance.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to identify outdoor recreation and health and fitness activities in school and the community.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) identify the immediate effect of physical activity on the heart and lungs;(B) explain the importance of warm-ups and cool-downs for physical activity; and(C) demonstrate exercises that promote health-related fitness.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) develop a health-related goal with teacher guidance; and(B) explain how to measure improvement in physical skills with or without a measuring tool.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) identify healthy foods that produce energy for physical activity; and(B) identify different hydration options, including water, that enhance physical activity.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) identify proper clothing, footwear, and safety equipment for a variety of physical activities; and(B) identify and describe safety precautions, including pedestrian, water, sun, and cycling safety with teacher guidance.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) describe how personal actions may have positive or negative consequences;(B) demonstrate respect for differences and similarities in the abilities of self and others; and(C) identify personal impulses and emotions with teacher guidance.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) demonstrate respect for and cooperation between self and others through words and actions with teacher guidance; and(B) communicate feelings and thoughts appropriately with teacher guidance.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to explain how, with practice, challenges in physical activities can turn into successes.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to listen respectfully and respond appropriately to corrective feedback with teacher guidance.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) participate in moderate to vigorous physical activity on a regular basis; and(B) describe physical activity for personal enjoyment with teacher guidance.</content><note type="source"><p>Source Note: The provisions of this §116.13 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scA/s116.14"><num value="116.14">§116.14</num><heading>Physical Education, Grade 2, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term "age appropriate" means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for various ages and ability levels of students. Basic equipment for quality instruction includes, but is not limited to, the following list: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Kindergarten-Grade 5, students learn fundamental movement skills and cues; begin to understand that the body functions in relation to physical activity; develop body control; become aware of the health-related fitness components; begin applying strategies, rules, etiquette, and conflict resolution techniques in dynamic situations; and identify safety practices and protocols while being physically active. Students engage in activities that develop basic levels of strength, endurance, and flexibility. Activities are presented to complement a student's natural inclination to view physical activity as challenging and enjoyable.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate skills. The student is expected to:(A) practice and apply correct technique while hopping, galloping, running, sliding, and skipping;(B) demonstrate correct jumping and landing technique while consecutively jumping in place, forward and backward, side to side, half turns, and in tuck position;(C) demonstrate basic balancing, cross lateralization, and sequencing of three skills with repetition; and(D) spin and roll at different levels, speeds, and positions.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate skills. The student is expected to:(A) demonstrate maintaining balance standing on one foot while placing the free leg in a variety of different positions for eight seconds; and(B) differentiate between bending, stretching, twisting, curling, pushing, pulling, and swaying.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) demonstrate key elements in underhand throwing to a partner and overhand throwing to a target with opposite foot forward;(B) demonstrate key elements when catching an accurately and softly thrown large ball without trapping against the body;(C) demonstrate key elements of hand dribbling while walking;(D) dribble a ball with control using both feet while walking;(E) kick a moving ball using a continuous running approach;(F) volley a lightweight object with consecutive hits to self or partner;(G) strike a stationary object off the ground or an elevated surface with a hand or short- or long-handled implement consecutively;(H) jump forward and backward with a self-turned rope; and(I) demonstrate turning and jumping a long rope.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) demonstrate locomotor, non-locomotor, and manipulative skills safely in personal and general space;(B) combine pathways, shapes, and levels into simple sequences; and(C) combine speed and direction as directed by the teacher.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to demonstrate simple rhythmic sequences using various locomotor and coordination skills in eight counts.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) apply the skills of chasing, fleeing, and dodging to avoid or catch others during a variety of games at low, middle, and high levels with appropriate speed and direction;(B) participate in appropriate drills and activities to enhance the learning of specific motor development skills; and(C) demonstrate safe practices by using equipment appropriately and respecting personal space with minimal teacher guidance.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to describe outdoor recreation and health and fitness activities in school and the community.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) list the benefits of regular physical activity on the heart and lungs;(B) define frequency and endurance as it relates to physical activities; and(C) demonstrate correct technique of exercises that promote health-related fitness.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) develop health-and skill-related goals with teacher guidance; and(B) identify how to measure improvement and track progress in physical skills with a measuring tool.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) identify the types of food that produce energy to enhance physical activity; and(B) explain the need for proper hydration to enhance physical activity.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) explain how proper attire and safety equipment promote safe participation and prevent injury in a variety of physical activities; and(B) identify and explain safety precautions, including pedestrian, water, sun, cycling, and skating safety.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) differentiate between the positive and negative consequences of personal actions;(B) explain and demonstrate respect for differences and similarities in abilities of self and others; and(C) identify self-management skills to control personal impulses and emotions.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) identify the causes of problems and propose solutions with teacher guidance; and(B) communicate feelings and thoughts appropriately without cue.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to explain how practicing challenging physical activities can build confidence and minimize frustration when learning skills.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to listen respectfully and respond appropriately to specific corrective feedback with teacher guidance.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) participate in moderate to vigorous physical activity on a regular basis; and(B) identify and select physical activities for personal enjoyment.</content><note type="source"><p>Source Note: The provisions of this §116.14 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scA/s116.15"><num value="116.15">§116.15</num><heading>Physical Education, Grade 3, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term "age appropriate" means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for various ages and ability levels of students. Basic equipment for quality instruction includes, but is not limited to, the following list: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Kindergarten-Grade 5, students learn fundamental movement skills and cues; begin to understand that the body functions in relation to physical activity; develop body control; become aware of the health-related fitness components; begin applying strategies, rules, etiquette, and conflict resolution techniques in dynamic situations; and identify safety practices and protocols while being physically active. Students engage in activities that develop basic levels of strength, endurance, and flexibility. Activities are presented to complement a student's natural inclination to view physical activity as challenging and enjoyable.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) demonstrate correct technique while hopping, galloping, running, sliding, skipping, and leaping;(B) demonstrate correct jumping and landing technique from different heights;(C) demonstrate intermediate balancing to include equipment, cross lateralization using a variety of coordination skills, and sequencing of three skills with repetition; and(D) spin and roll with control at different levels, speeds, and positions with manipulatives.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) demonstrate moving in and out of a balanced position with control during dynamic activities; and(B) combine bending, stretching, twisting, curling, pushing, pulling, and swaying in a variety of activities.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) demonstrate key elements in underhand and overhand throwing to a partner with accuracy;(B) demonstrate key elements when catching an accurately and softly thrown large ball with a partner without trapping against the body;(C) demonstrate key elements of hand dribbling while slowly jogging and maintaining ball control;(D) dribble a ball with control using both feet while slowly jogging;(E) kick a moving ball on the ground and in the air using a continuous running approach;(F) demonstrate correct technique in volleying to a wall or partner and over an object or net;(G) demonstrate correct technique when striking a moving object over a low net or to a wall with a hand or short- or long-handled implement;(H) jump a self-turned rope using a variety of basic skills; and(I) enter and exit a turned long rope using basic jumping skills.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) demonstrate locomotor, non-locomotor, and manipulative skills safely in personal and open space;(B) combine pathways and levels into various movement patterns in a wide variety of physical activities; and(C) combine speed, direction, and force as directed by teacher.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to demonstrate various rhythmic combinations of locomotor skills of eight counts in repeatable patterns when leading or following a partner.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) combine the skills of chasing, fleeing, and dodging to avoid or catch others during a variety of games;(B) demonstrate specific movement skills to improve performance in designated dynamic activities; and(C) explain and follow rules, procedures, and safe practices during games and activities.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to participate in introductory outdoor recreational skills and activities such as rock climbing, hiking, paddle sports, disc golf, or challenge courses.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) describe the benefits of regular physical activity, including stress management;(B) identify the importance of frequency and intensity during endurance activities; and(C) explain and demonstrate the correct techniques of health-related fitness components.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) describe the importance of setting personal fitness goals in improving health-related fitness; and(B) identify how to measure improvement and track progress for health-related fitness.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) differentiate between healthy and unhealthy foods and their impact on sustainable energy for physical activity; and(B) differentiate between water and processed sugar or high-calorie drinks and their impact on sustainable energy for physical activity.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) select proper attire and safety equipment that promote safe participation and prevent injury in a variety of physical activities; and(B) exhibit correct safety precautions, including pedestrian, water, sun, cycling, skating, and scooter safety.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) explain that personal actions have consequences for self and others;(B) demonstrate respect for differences and similarities in abilities of self and others; and(C) explain and demonstrate self-management skills to control personal impulses and emotions.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) demonstrate respect and cooperation through words and actions during various group activities; and(B) identify the feelings of others.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to explain how practicing challenging physical activities can build confidence and minimize frustration when learning a variety of new skills.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to listen respectfully to make appropriate changes in performance based on feedback.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) differentiate among types of and participate in moderate to vigorous physical activity for a sustained period of time on a regular basis using technology when available; and(B) select and participate in physical activity for personal enjoyment.</content><note type="source"><p>Source Note: The provisions of this §116.15 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scA/s116.16"><num value="116.16">§116.16</num><heading>Physical Education, Grade 4, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term "age appropriate" means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for various ages and ability levels of students. Basic equipment for quality instruction includes, but is not limited to, the following list: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Kindergarten-Grade 5, students learn fundamental movement skills and cues; begin to understand that the body functions in relation to physical activity; develop body control; become aware of the health-related fitness components; begin applying strategies, rules, etiquette, and conflict resolution techniques in dynamic situations; and identify safety practices and protocols while being physically active. Students engage in activities that develop basic levels of strength, endurance, and flexibility. Activities are presented to complement a student's natural inclination to view physical activity as challenging and enjoyable.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) demonstrate and apply correct technique in a variety of locomotor skills during dynamic activities;(B) demonstrate correct jumping and landing technique while performing a long jump and a full turn jump;(C) demonstrate intermediate balancing to include equipment, cross lateralization using a variety of coordination skills, and sequencing of four skills with repetition; and(D) spin and roll with control at different levels, speeds, and positions with manipulatives.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) transfer body weight over, under, and on equipment with good control; and(B) move into and out of various combinations of bending, stretching, twisting, curling, pushing, pulling, and swaying in a variety of activities.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) practice the key elements of manipulative skills, including eye on target, follow-through, body weight transfer, and body position, during dynamic activities;(B) practice the key elements of catching a ball at a variety of levels above and below the waist;(C) demonstrate key elements of hand dribbling with dominant and non-dominant hand while changing both speed and direction;(D) dribble a ball with control alternating feet while changing both speed and direction with a partner;(E) identify and demonstrate the key elements in kicking patterns, including body position, weight transfer, and follow-through;(F) demonstrate correct technique in underhand and overhead volleying to a wall, net, or partner;(G) demonstrate correct technique when striking an object with a hand or short- or long-handled implement with a partner;(H) jump a self-turned rope using a variety of intermediate skills; and(I) demonstrate entering and exiting a turned long rope using intermediate jumping skills.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) demonstrate the appropriate use of open space and closing space during dynamic activities;(B) demonstrate appropriate use of pathways and levels during dynamic activities and lead-up games; and(C) apply speed, direction, and force during dynamic activities and lead-up games.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to demonstrate a rhythmic routine with appropriate steps and movement patterns individually or in a group.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) explain fundamental components and strategies of dynamic activities and lead-up games;(B) practice and demonstrate specific movement skills in designated dynamic activities and lead-up games with a partner or a small group; and(C) exhibit appropriate sporting behavior during independent games and activities.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to participate in a variety of outdoor recreational skills and activities such as camping, backpacking, fishing, rock climbing, hiking, paddle sports, disc golf, cornhole, bocce ball, or croquet.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) describe the benefits of regular physical activity on overall health and wellness;(B) demonstrate frequency and intensity during endurance activities; and(C) identify and demonstrate the components of health- and skill-related fitness.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) develop personal fitness goals for health-related fitness; and(B) track progress and analyze data for health-related fitness activities.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) examine the relationship between nutrition and optimal physical performance; and(B) explain the importance of proper hydration before, during, and after physical activity.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) work independently to select proper attire and safety equipment that promote safe participation and prevent injury in dynamic activities and lead-up games; and(B) apply correct safety precautions, including pedestrian, water, sun, cycling, skating, and scooter safety.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) accept and take responsibility for personal actions that affect self and others;(B) demonstrate respect for differences and similarities in abilities of self and others; and(C) demonstrate self-management skills to control personal impulses and emotions during dynamic activities and lead-up games.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) discuss ways to resolve conflict in socially acceptable ways and respond to winning and losing with dignity and understanding;(B) identify effective communication to enhance healthy interactions while settling disagreements; and(C) demonstrate respect for the feelings of others.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to identify ways to accept individual challenges and use self-management skills to persevere in a positive manner when learning a variety of new skills.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to listen respectfully to make appropriate changes in performance based on feedback from teacher and peers.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) differentiate among types of and participate in moderate to vigorous physical activities for a sustained period of time on a regular basis using technology when available; and(B) participate in a variety of physical activities in the school and community for personal enjoyment.</content><note type="source"><p>Source Note: The provisions of this §116.16 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scA/s116.17"><num value="116.17">§116.17</num><heading>Physical Education, Grade 5, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term "age appropriate" means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for various ages and ability levels of students. Basic equipment for quality instruction includes, but is not limited to, the following list: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Kindergarten-Grade 5, students learn fundamental movement skills and cues; begin to understand that the body functions in relation to physical activity; develop body control; become aware of the health-related fitness components; begin applying strategies, rules, etiquette, and conflict resolution techniques in dynamic situations; and identify safety practices and protocols while being physically active. Students engage in activities that develop basic levels of strength, endurance, and flexibility. Activities are presented to complement a student's natural inclination to view physical activity as challenging and enjoyable.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) demonstrate and apply correct technique in a variety of locomotor skills and combinations during lead-up activities;(B) demonstrate correct jumping and landing technique while performing a long jump and a full turn jump in both directions; and(C) demonstrate advanced balancing to include equipment, cross lateralization during increasingly complex movements, and sequencing of four or more skills with repetition.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) maintain balance and transfer body weight with control during dynamic activities and lead-up games; and(B) perform a combination of bending, stretching, twisting, curling, pushing, pulling, and swaying in a variety of activities.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) demonstrate the key elements of manipulative skills, including eye on target, follow-through, body weight transfer, and body position, during games and activities;(B) demonstrate the key elements of catching while moving during games and activities;(C) demonstrate key elements of hand dribbling with either hand when stationary while protecting the ball from a defender during dynamic activities and lead-up games;(D) combine foot dribbling with other skills during dynamic activities and lead-up games;(E) demonstrate appropriate form when kicking and punting during dynamic activities and lead-up games;(F) demonstrate correct technique in volleying in dynamic activities and lead-up games;(G) demonstrate correct technique when striking an object with a hand or short- or long-handled implement in dynamic activities and lead-up games;(H) jump a self-turned rope in a routine using a variety of advanced skills; and(I) demonstrate entering and exiting a turned long rope using advanced jumping skills.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) demonstrate the appropriate use of open space and closing space in small groups during dynamic activities and lead-up games;(B) apply appropriate use of pathways and levels in small groups during dynamic activities and lead-up games; and(C) apply speed, direction, and force with a short-handled implement during dynamic activities and lead-up games.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to create rhythmic routines in counts of eight using basic steps and coordinated movement patterns individually or in a group.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) identify and demonstrate the relationships among a variety of game skills, including preparation, movement, follow-through, and recovery, used in net or wall, invasion, target, fielding, or striking games;(B) demonstrate specific movement skills in designated dynamic activities and lead-up games with a partner or group; and(C) engage appropriately in physical activity, sporting behavior, and game etiquette without teacher cue.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to participate in outdoor recreational skills and activities such as rock climbing, orienteering, hiking, paddle sports, archery, cycling, or challenge courses.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) describe the benefits of moderate to vigorous physical activity on overall health and wellness;(B) describe the frequency, intensity, time, and type (FITT) principle and how it improves fitness; and(C) differentiate between health-related and skill-related fitness components.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) analyze personal fitness goals for self-improvement; and(B) track progress and analyze data, with teacher guidance, to target areas needing improvement.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) identify healthy foods that enhance physical activity; and(B) explain the importance of proper hydration before, during, and after physical activity.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) describe and select proper attire and safety equipment that promote safe participation and prevent injury in dynamic activities and games; and(B) demonstrate correct safety precautions, including water, sun, cycling, skating, and scooter safety.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) accept and take responsibility for personal actions that affect self and others during dynamic activities and lead-up games;(B) accept responsibility and demonstrate respect for differences and similarities in abilities of self and others during dynamic activities and lead-up games; and(C) apply self-management skills to demonstrate self-control of impulses and emotions during dynamic activities and lead-up games.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) explain the importance of and demonstrate how to resolve conflict in socially acceptable ways and respond to winning and losing with dignity and understanding;(B) identify and describe effective communication to enhance healthy interactions while settling disagreements; and(C) identify and describe the concepts of empathy and mutual respect for the feelings of others.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to discuss the importance of accepting individual challenges and use self-management skills to persevere in a positive manner during dynamic activities and lead-up games.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to apply appropriate changes to performance based on feedback from peers.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) differentiate among types of and participate in moderate to vigorous physical activity for a sustained period of time on a regular basis using technology when available; and(B) analyze the level of personal enjoyment in a variety of activities in the school and community.</content><note type="source"><p>Source Note: The provisions of this §116.17 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c116/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c116/scB/s116.25"><num value="116.25">§116.25</num><heading>Implementation of Texas Essential Knowledge and Skills for Physical Education, Middle School, Adopted 2020</heading><content>(a) The provisions of §§116.26-116.28 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2021, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for physical education as adopted in §§116.26-116.28 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§116.26-116.28 of this subchapter shall be implemented beginning with the 2022-2023 school year and apply to the 2022-2023 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§116.26-116.28 of this subchapter shall be implemented for the following school year.(e) Sections 116.21-116.24 of this subchapter shall be superseded by the implementation of §§116.25-116.28 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §116.25 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scB/s116.26"><num value="116.26">§116.26</num><heading>Physical Education, Grade 6, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate, lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term age appropriate means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for students of various ages and ability levels. Basic equipment for quality instruction includes, but is not limited to, the following: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Grades 6-8 physical education, students apply sport concepts; recognize key elements for success; develop plans for health-related fitness, skill-related fitness, and skill improvement; apply knowledge of safety practices and self-management; and understand in greater detail the function of the body. Students learn to use technology to assist in measuring and monitoring personal performance. An emphasis is placed on opportunities for participation, activity choices, enjoyment, and challenge, both in and out of school.(6) Statements that contain the word including reference content that must be mastered, while those containing the phrase such as are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) perform a variety of locomotor skills and combinations during dynamic activities and games; and(B) demonstrate correct jumping and landing technique during dynamic activities, game situations, and sports.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) demonstrate balance with control during dynamic activities and games; and(B) demonstrate proper body positioning, proficiency, footwork, and offensive and defensive skills during dynamic activities and games.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) demonstrate correct technique when throwing to a moving target;(B) demonstrate correct catching technique from different levels and trajectories with a variety of objects;(C) demonstrate correct hand dribbling technique when changing both speed and direction while maintaining ball control;(D) demonstrate correct foot dribbling technique with control while changing both speed and direction during dynamic activities and game situations;(E) demonstrate correct technique in kicking and punting with accuracy during dynamic activities and lead-up games;(F) demonstrate correct technique in volleying to a target with control and accuracy;(G) demonstrate correct technique when striking an object with speed, accuracy, force, and distance using a hand or handled implement during dynamic activities and lead-up games; and(H) create and perform a jump rope routine using a variety of advanced skills.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) demonstrate the appropriate use of open space and closing space during dynamic activities, games, and sports; and(B) apply speed, direction, and force with a long-handled implement during dynamic activities, games, and sports.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to perform rhythmic routines with intermediate steps and movement patterns.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) demonstrate offensive and defensive strategies used in net or wall, invasion, target, striking, and fielding games;(B) demonstrate combinations of locomotor, manipulative, and game skills in dynamic activities to achieve individual or team goals; and(C) demonstrate appropriate sporting behavior with teammates, opponents, and officials.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to participate in self-selected, organized outdoor recreational skills, activities, and games.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) describe the long-term benefits of moderate to vigorous physical activity on overall health and wellness;(B) describe the frequency, intensity, time, and type (FITT) principle and how it improves fitness in relation to aerobic and anaerobic activities; and(C) describe health-related and skill-related fitness components and their impact on personal fitness.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) develop an individual fitness plan using personal fitness goals; and(B) analyze results of fitness assessments to identify strategies for self-improvement.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) identify macronutrients, including carbohydrates, fats, and proteins, and examine their relationship to optimal physical performance; and(B) identify how environmental temperature and humidity each contribute to dehydration and heat illness.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) perform, without cue, the selection and use of proper attire and safety equipment that promote safe participation and prevent injury in dynamic activities, games, and sports; and(B) perform, without cue, the correct safety precautions, including water, sun, cycling, skating, and scooter safety.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) explain the importance of and accept responsibility for personal actions that affect self and others during game situations and sports;(B) explain the importance of and demonstrate respect for differences and similarities in abilities of self and others during dynamic activities and lead-up games; and(C) apply self-management skills to demonstrate self-control of impulses and emotions, without cue, during games, situations, and sports.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) discuss the importance of and resolve conflict, without cue, in socially acceptable ways, and respond to winning and losing with dignity and understanding;(B) explain and demonstrate effective communication to enhance healthy interactions while settling disagreements; and(C) demonstrate empathy and mutual respect for the feelings of others.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to discuss the importance of accepting individual challenges and demonstrate self-management skills to persevere in a positive manner during game situations and sports.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to analyze feedback to make appropriate changes to improve performance.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) develop a plan using available technology to participate in moderate to vigorous physical activity for a sustained period of time on a regular basis; and(B) describe how participation in a variety of physical activities builds confidence and increases personal enjoyment.</content><note type="source"><p>Source Note: The provisions of this §116.26 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scB/s116.27"><num value="116.27">§116.27</num><heading>Physical Education, Grade 7, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate, lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term age appropriate means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for students of various ages and ability levels. Basic equipment for quality instruction includes, but is not limited to, the following: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Grades 6-8 physical education, students apply sport concepts; recognize key elements for success; develop plans for health-related fitness, skill-related fitness, and skill improvement; apply knowledge of safety practices and self-management; and understand in greater detail the function of the body. Students learn to use technology to assist in measuring and monitoring personal performance. An emphasis is placed on opportunities for participation, activity choices, enjoyment, and challenge, both in and out of school.(6) Statements that contain the word including reference content that must be mastered, while those containing the phrase such as are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) combine and apply a variety of locomotor skills during dynamic fitness, sport, and rhythmic activities; and(B) apply correct jumping and landing technique during dynamic activities, game situations, and sports.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) move between positions with controlled balance during dynamic activities, game situations, and sports; and(B) demonstrate proper body positioning, proficiency, and footwork and perform offensive and defensive skills during dynamic activities, game situations, and sports.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) apply correct throwing techniques with distance, power, and accuracy while both partners are moving during dynamic activities, game situations, and sports;(B) apply correct catching technique with a variety of objects from different levels and trajectories during dynamic activities, game situations, and sports;(C) apply offensive and defensive patterns in game strategies while hand dribbling;(D) apply offensive and defensive foot dribbling strategies during game situations and sports;(E) apply correct technique in kicking and punting with control, distance, and accuracy during game situations and sports;(F) apply correct technique in volleying with both control and accuracy during game situations and sports;(G) apply correct technique when striking an object with speed, accuracy, force, and distance during game situations and sports; and(H) create and perform a jump rope routine using a variety of skills that require agility, speed, and endurance.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) execute the appropriate use of open space and closing space during dynamic activities, games, and sports; and(B) execute the appropriate use of speed, direction, and force with or without an implement during dynamic activities, games, and sports.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to perform rhythmic routines with advanced steps and movement patterns with a partner.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) apply offensive and defensive strategies used in net or wall, invasion, target, striking, and fielding games and sports;(B) apply combinations or sequences of game skills to achieve individual or team goals; and(C) demonstrate self-responsibility and appropriate sporting behavior in game situations and sports.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to demonstrate a variety of correct techniques for outdoor recreational skills, activities, and games.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) analyze the long-term benefits of moderate to vigorous physical activity on overall health and wellness;(B) apply basic frequency, intensity, time, and type (FITT) principle in a variety of aerobic and anaerobic activities; and(C) apply health-related and skill-related fitness components and explain how each component impacts personal fitness.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) create a collaborative physical fitness plan to target areas for improvement in health-related fitness; and(B) monitor and evaluate personal fitness goals and make appropriate changes for improvement.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) evaluate healthy food choices that show a balanced daily intake of macronutrients to enhance physical performance; and(B) analyze and determine the appropriate times to consume traditional sports drinks that have the appropriate carbohydrate and sodium content.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) perform, without cue, the selection and use of proper attire and safety equipment that promote safe participation and prevent injury in dynamic activities, games, and sports; and(B) perform, without cue, the correct safety precautions, including water, sun, cycling, skating, and scooter safety.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) discuss the importance of and demonstrate respect for differences and similarities in abilities of self and others during game situations and sports; and(B) analyze self-management skills to demonstrate self-control of impulses and emotions, without cue, during game situations and sports.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) discuss the importance of and resolve conflict, without cue, in socially acceptable ways, and respond to winning and losing with dignity and understanding;(B) communicate effectively to enhance healthy interactions while settling disagreements; and(C) demonstrate empathy and mutual respect for the feelings of others.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to develop and apply a plan of action and make effective decisions when faced with challenges, obstacles, or difficulties during game situations and sports.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to provide constructive feedback to peers following teacher guidelines to improve performance.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) implement a plan using available technology to participate in moderate to vigorous physical activity for a sustained period of time on a regular basis; and(B) evaluate self-selected physical activities for personal enjoyment.</content><note type="source"><p>Source Note: The provisions of this §116.27 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scB/s116.28"><num value="116.28">§116.28</num><heading>Physical Education, Grade 8, Adopted 2020</heading><content>(a) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in utilizing strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to age-appropriate physical education equipment is essential to quality instruction. Basic, age-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate, lifelong learner. Without basic, age-appropriate equipment, students will not have the necessary experiences to become physically literate, lifelong learners. All equipment should be age appropriate for the grade levels to be taught. The term age appropriate means that the equipment must include a variety of sizes, weights, and textures to provide differentiated experiences for students of various ages and ability levels. Basic equipment for quality instruction includes, but is not limited to, the following: sports balls, including fleece balls, foam balls, tennis balls, beach balls, volleyballs, basketballs, soccer balls, footballs, baseballs, softballs, and unity balls; striking implements, including golf clubs, hockey sticks, baseball bats, pool noodles, tennis rackets, racquetball rackets, pickleball paddles, lollipop paddles, and ping pong paddles; goals for various sports, including soccer goals and basketball goals; nets and standards for a variety of sports, including volleyball, pickleball, badminton, and tennis; fitness-related equipment; other basic equipment, including scarves, bean bags, hula hoops, jump ropes, and scooters; classroom management equipment, including cones, mats, pinnies, poly spots, and ball inflators; and technology, including microphones, projectors, speakers, heart rate monitors, timers, and other technology appropriate for instruction.(5) In Grades 6-8 physical education, students apply sport concepts; recognize key elements for success; develop plans for health-related fitness, skill-related fitness, and skill improvement; apply knowledge of safety practices and self-management; and understand in greater detail the function of the body. Students learn to use technology to assist in measuring and monitoring personal performance. An emphasis is placed on opportunities for participation, activity choices, enjoyment, and challenge, both in and out of school.(6) Statements that contain the word including reference content that must be mastered, while those containing the phrase such as are intended as possible illustrative examples.(b) Knowledge and skills.(1) Movement patterns and movement skills--locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate locomotor skills. The student is expected to:(A) combine and apply a variety of locomotor skills during dynamic fitness, sport, and rhythmic activities; and(B) combine correct jumping and landing technique during dynamic activities, game situations, and sports.(2) Movement patterns and movement skills--non-locomotor skills. The physically literate student demonstrates competency in fundamental movement patterns and developmentally appropriate non-locomotor skills. The student is expected to:(A) combine and apply balance with control during dynamic activities, game situations, and sports; and(B) demonstrate proper body positioning, proficiency, and footwork and perform offensive and defensive skills during dynamic activities, game situations, and sports.(3) Movement patterns and movement skills--manipulative skills. The physically literate student demonstrates competency in developmentally appropriate manipulative skills. The student is expected to:(A) combine appropriate throwing techniques during game situations and sports;(B) apply appropriate catching technique from different levels and trajectories with an implement during game situations and sports;(C) perform, without cue, key elements in hand dribbling during game situations and sports;(D) perform, without cue, key elements in foot dribbling during game situations and sports;(E) apply correct technique in kicking and punting during game situations and sports with control, distance, and accuracy;(F) perform, without cue, key elements in volleying during game situations and sports;(G) perform, without cue, key elements in striking during game situations and sports; and(H) create and perform a jump rope routine with a partner or a small group using a variety of skills that include agility, speed, and endurance.(4) Movement patterns and movement skills--spatial and body awareness. The physically literate student demonstrates competency in spatial and body awareness, including pathways, shapes, levels, speed, direction, and force. The student is expected to:(A) perform, without cue, the appropriate use of open space and closing space during dynamic activities, games, and sports; and(B) perform, without cue, the appropriate speed, direction, and force with or without an implement during dynamic activities, games, and sports.(5) Movement patterns and movement skills--rhythmic activities. The physically literate student demonstrates competency in rhythmic activities and rhythmic combinations. The student is expected to create and perform with a small group a rhythmic routine with varying tempos using advanced steps and movement patterns.(6) Performance strategies--games and activities. The physically literate student demonstrates competency in performance strategies in invasion, target, net or wall, fielding, striking, and cooperative games. The student is expected to:(A) perform, without cue, offensive and defensive strategies used in net or wall, invasion, target, striking, and fielding games and sports;(B) perform, without cue, combinations or sequences of game skills to achieve individual or team goals; and(C) follow rules, demonstrate appropriate sporting behavior, self-officiate, and respect consequences for the game being played without cue.(7) Performance strategies--outdoor and recreational pursuits. The physically literate student demonstrates competency in outdoor and recreational pursuits. The student is expected to engage in a variety of self-selected outdoor recreational activities and games.(8) Health, physical activity, and fitness--fitness principles. The physically literate student demonstrates and recognizes a health-enhancing, physically active lifestyle. The student is expected to:(A) perform a variety of lifelong physical activities and explain their effects on overall health and wellness;(B) perform basic frequency, intensity, time, and type (FITT) principle in a variety of self-selected aerobic and anaerobic activities; and(C) develop and analyze a personal fitness plan using health-related and skill-related fitness components.(9) Health, physical activity, and fitness--analyze data. The physically literate student demonstrates competency in the ability to analyze data used during fitness performance. The student is expected to:(A) create and implement a personal physical fitness plan and analyze the results for effectiveness; and(B) evaluate personal fitness goals and make appropriate changes for improvement.(10) Health, physical activity, and fitness--nutrition and hydration. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The student is expected to:(A) develop a healthy food choice plan that enhances physical performance; and(B) determine hydration needs, without cue, based on physical performance and environmental factors.(11) Health, physical activity, and fitness--environmental awareness and safety practices. The physically literate student demonstrates competency in environmental awareness and understands safety practices. The student is expected to:(A) perform, without cue, the selection and use of proper attire and safety equipment that promote safe participation and prevent injury in dynamic activities, games, and sports; and(B) perform, without cue, the correct safety precautions, including pedestrian, water, sun, cycling, skating, and scooter safety.(12) Social and emotional health--personal responsibility and self-management. The physically literate student demonstrates competency in personal responsibility. The student is expected to:(A) discuss the importance of and demonstrate respect for differences and similarities in abilities of self and others during game situations and sports; and(B) evaluate self-management skills to demonstrate self-control of impulses and emotions, without cue, during games, situations, and sports.(13) Social and emotional health--resolving conflict and social interaction. The physically literate student demonstrates competency in resolving conflict and social interaction. The student is expected to:(A) discuss the importance of and resolve conflict, without cue, in socially acceptable ways, and respond to winning and losing with dignity and understanding;(B) communicate effectively to enhance healthy interactions while settling disagreements; and(C) demonstrate empathy and mutual respect for the feelings of others.(14) Social and emotional health--perseverance. The physically literate student perseveres while addressing challenges. The student is expected to develop and apply a plan of action and make effective decisions when faced with challenges, obstacles, or difficulties during game situations and sports.(15) Social and emotional health--accepting and providing constructive feedback. The physically literate student accepts and provides constructive feedback. The student is expected to provide constructive feedback to peers using a positive tone to improve performance.(16) Lifetime wellness--application of lifetime wellness. The physically literate student identifies the value of lifetime wellness. The student is expected to:(A) implement a plan using available technology to participate in moderate to vigorous physical activity for a sustained period of time on a regular basis; and(B) participate in self-selected physical activities for personal enjoyment.</content><note type="source"><p>Source Note: The provisions of this §116.28 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c116/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c116/scC/s116.61"><num value="116.61">§116.61</num><heading>Implementation of Texas Essential Knowledge and Skills for Physical Education, Adopted 2020</heading><content>(a) The provisions of §§116.62-116.64 of this subchapter shall be implemented by school districts.(b) No later than July 31, 2021, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for physical education as adopted in §§116.62-116.64 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§116.62-116.64 of this subchapter shall be implemented beginning with the 2022-2023 school year and apply to the 2022-2023 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than July 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§116.62-116.64 of this subchapter shall be implemented for the following school year.(e) Sections 116.51-116.56 of this subchapter shall be superseded by the implementation of §§116.61-116.64 of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §116.61 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scC/s116.62"><num value="116.62">§116.62</num><heading>Lifetime Fitness and Wellness Pursuits (One Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course.(b) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in using strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities, and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to course-appropriate physical education equipment is essential to quality instruction. Course-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate, lifelong learner. Equipment should include a variety of sizes, weights, and textures to provide differentiated experiences for students of various ability levels.(5) The Lifetime Fitness and Wellness Pursuits course offers current approaches for the foundation of personal fitness, physical literacy, lifetime wellness, and healthy living. Students in Lifetime Fitness and Wellness Pursuits will apply the knowledge and skills to demonstrate mastery of the concepts needed to achieve lifetime wellness. Students will participate in a variety of physical activities for attaining personal fitness and lifetime wellness.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Movement patterns and movement skills. While participating in physical activity, the physically literate student applies physiological and biomechanical principles to improve health-related fitness. The student is expected to:(A) apply physiological and fitness principles related to exercise and training, including warm-up and cool-down, overload, frequency, intensity, time, and specificity; and(B) apply basic biomechanical principles related to exercise and training, including force, leverage, and type of contraction.(2) Performance strategies. During physical activity, the physically literate student applies skills, techniques, and safety practices associated with physical activity. The student is expected to:(A) apply appropriate procedures to ensure safety;(B) apply appropriate practices and procedures to improve skills in various fitness activities;(C) perform skills and appropriate techniques at a basic level of competency;(D) modify movement during performance using appropriate internal and external feedback; and(E) explain various methods to achieve personal fitness, including interval training, circuit training, high-intensity interval training (HIIT), and functional fitness training.(3) Health, physical activity, and fitness. The physically literate student applies fitness principles that encompass personal fitness programs, nutrition, technology, and environmental awareness. The student is expected to:(A) demonstrate appropriate safety procedures, including wearing proper attire, using equipment safely, practicing exercise etiquette, and recognizing situational environmental hazards;(B) identify and describe exercise techniques that may be harmful or unsafe;(C) explain the relationships among hydration, physical activity, and environmental conditions;(D) explain the relationship between physical fitness and wellness;(E) participate in a variety of activities that develop health-related physical fitness;(F) describe training principles appropriate to enhance cardiorespiratory endurance, muscular strength and endurance, and flexibility;(G) exhibit a basic level of competency in two or more aerobic and two or more anaerobic activities;(H) select and use appropriate technology tools to evaluate, monitor, and improve health-related fitness;(I) design and implement a personal fitness program that includes health-related fitness components;(J) measure and evaluate personal skill-related components of physical fitness, including agility, balance, coordination, power, reaction time, and speed; and(K) measure and evaluate personal fitness in terms of health-related fitness components.(4) Social and emotional health. During physical activity, the physically literate student develops positive self-management and social skills needed to work independently and with others. The student is expected to:(A) describe and analyze the relationship between physical activity and social and emotional health;(B) discuss how improvement is possible with appropriate practice;(C) identify and respond to challenges, successes, conflicts, and failures in physical activities in socially appropriate ways;(D) explain how to accept successes and performance limitations of self and others by exhibiting appropriate behavior and response; and(E) evaluate the impact of the use of technology on social and emotional health.(5) Lifetime wellness. The physically literate student comprehends practices that will impact daily performance, physical activity, and health throughout the lifespan. The student is expected to:(A) describe how sleep is essential to optimal performance and recovery;(B) identify myths associated with physical activity and nutritional practices;(C) explain the relationship between nutritional practices and physical activity;(D) explain the risks of over training;(E) evaluate consumer issues and trends related to physical fitness such as marketing claims promoting fitness and nutritional products, services, and supplements; and(F) analyze how nutrition, exercise, and other factors impact body composition.</content><note type="source"><p>Source Note: The provisions of this §116.62 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scC/s116.63"><num value="116.63">§116.63</num><heading>Lifetime Recreation and Outdoor Pursuits (One Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in using strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities, and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to course-appropriate physical education equipment is essential to quality instruction. Course-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate, lifelong learner. Equipment should include a variety of sizes, weights, and textures to provide differentiated experiences for students of various ability levels.(5) The Lifetime Recreation and Outdoor Pursuits course provides opportunities for students to develop competency in five or more lifelong recreational and outdoor pursuits for enjoyment and challenge. Students in Lifetime Recreation and Outdoor Pursuits participate in activities that promote physical literacy, respect for and connection to nature and the environment, and opportunities for enjoyment for a lifetime. Students will experience opportunities that enhance self-worth and support community engagement.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Movement patterns and movement skills. The student demonstrates competency in five or more lifetime recreational and outdoor pursuits such as backpacking, camping, hiking, navigation, water sports, paddle sports, boater education, water safety education, angler education, hunter education, archery, outdoor survival and safety, climbing, adventure activities, challenge course or team building, lawn games, skating, skiing, cycling, and disc sports. The student is expected to:(A) demonstrate execution of basic skills in lifetime recreation and outdoor pursuits;(B) apply the rules and strategies of the selected lifetime recreation and outdoor pursuits; and(C) design a conditioning program for the selected lifetime recreation and outdoor pursuits.(2) Performance strategies. The physically literate student applies movement concepts and principles to the learning, development, and execution of motor skills applicable to the selected lifetime recreational and outdoor pursuits. The student is expected to:(A) modify movement during performance using appropriate internal and external feedback; and(B) identify critical elements for a successful performance during a specific activity.(3) Health, physical activity, and fitness. The physically literate student exhibits a physically active lifestyle that improves health and provides opportunities for enjoyment and challenge. The student is expected to:(A) participate in lifetime recreational and outdoor pursuits that provide for enjoyment and challenge;(B) describe training principles for enhancing flexibility, muscular strength and endurance, and cardiorespiratory endurance;(C) establish realistic and challenging health-related fitness goals;(D) select and use appropriate technology tools to evaluate, monitor, and improve health-related fitness;(E) analyze health and fitness benefits derived from participation in lifetime recreational and outdoor pursuits; and(F) design and participate in a personal health-related fitness program that has the potential to meet identified activity goals.(4) Social and emotional health. The physically literate student articulates the benefit of time spent in recreation or outdoor pursuits to promote mental, social, and emotional health. The student is expected to:(A) demonstrate teamwork such as leadership, problem solving, trust, creativity, cooperation, conflict resolution, and communication while engaging in selected lifetime recreation and outdoor pursuits;(B) demonstrate etiquette appropriate for selected lifetime recreation and outdoor activities;(C) evaluate the impact of the use of technology on social and emotional health;(D) analyze and summarize critical information on the mental, social, and emotional health benefits of engagement in outdoor pursuits; and(E) design a personal wellness plan that includes time engaging in outdoor pursuits.(5) Lifetime wellness. The physically literate student recognizes the relationship between lifetime recreation or outdoor pursuits and health. The student is expected to:(A) list and describe safety equipment used in selected lifetime recreation and outdoor pursuits;(B) explain and follow safety procedures during selected lifetime recreation and outdoor pursuits;(C) identify and apply the health-related fitness principles to selected lifetime recreation and outdoor pursuits;(D) describe how sleep is essential to optimal performance and recovery;(E) analyze the advantages and disadvantages of lifetime recreation and outdoor pursuits and their effects on personal fitness;(F) provide evidence of developing and maintaining health-related fitness; and(G) design safe practices and procedures to improve skill during an activity.</content><note type="source"><p>Source Note: The provisions of this §116.63 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c116/scC/s116.64"><num value="116.64">§116.64</num><heading>Skill-Based Lifetime Activities (One Credit), Adopted 2020</heading><content>(a) General requirements. Students shall be awarded one credit for completion of this course.(b) Introduction.(1) Physical education is the foundation of a well-balanced curriculum. "It is an academic subject with a planned and sequential K-12 curriculum based on the national standards for physical education. Physical education provides cognitive content and instruction designed to develop motor skills, knowledge, and behaviors for physical activity and physical fitness. Supporting schools to establish daily physical education can provide students with the ability and confidence to be physically active for a lifetime" (Centers for Disease Control and Prevention (CDC), CDC Healthy Schools, May 2019).(A) Physical education is designed to develop motor skills, knowledge, and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence. Physical education addresses the three domains of learning: cognitive skills related to the knowledge of movement, affective skills related to feelings and attitudes about movement, and psychomotor skills related to the manual or physical skills in movement literacy (SHAPE America, 2014, p. 4).(B) Physically literate students have the ability to develop a lifetime of wellness. Physical literacy can be described as the ability to move with competence and confidence, to acquire knowledge and understanding, and to value and take responsibility for engagement in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person (Mandigo, Francis, Lodewyk & Lopez, 2012, and Whitehead, 2016).(C) Research shows physical education is important to the development of the whole child and increases a lifetime of wellness. The Association for Supervision and Curriculum Development and the National Academy of Medicine support the belief that physical education, taught at a developmentally appropriate level, improves physical fitness and skill development, supports and improves academic achievement, reinforces self-discipline and teacher goal setting, reduces stress and increases blood flow to the brain, strengthens peer relationships, and improves self-confidence and self-esteem.(2) The physical education standards are categorized into five strands that are of equal importance and value. The movement patterns and movement skills strand guides the physically literate student in the development of fundamental movement patterns, spatial and body awareness, and rhythmic activities. The performance strategies strand guides the physically literate student in using strategies in fundamental components of games, activities, and outdoor and recreational pursuits. The health, physical activity, and fitness strand encompasses health-related fitness, environmental awareness, and safety practices that guide students to a health-enhancing, physically active lifestyle. The physically literate student demonstrates skills and mechanics used during physical activity and analyzes data used during fitness performance. The physically literate student recognizes the correlation between nutrition, hydration, and physical activity. The social and emotional health strand incorporates working with others, responding to class expectations, and applying self-management skills. The lifetime wellness strand engages students in physical activity for the purposes of self-expression, enjoyment, and challenge.(3) Quality physical education programs include a comprehensive curriculum, physical activity, safety policies, safe environments, qualified physical education specialists instructing the class, and student assessment and do not use physical activity as a form of punishment. Texas state law outlines state requirements that support these essential components. In accordance with state law, physical education curriculum and instruction must be sequential, developmentally appropriate, and designed to meet the needs of all students, including students with disabilities, and of all physical ability levels. At least 50% of the physical education class must be used for actual student physical activity at a moderate or vigorous intensity level, which aligns with additional state requirements for a minimum number of minutes for moderate or vigorous physical activity in Kindergarten-Grade 8. Required student-to-teacher ratios of 45-to-1 ensure the proper supervision and safety of students in physical education classes, and school districts must identify how student safety will be maintained if that ratio is exceeded. State law also requires that school districts and charter schools annually assess the physical fitness of students in Grade 3 or higher who are enrolled in a physical education course.(4) Access to course-appropriate physical education equipment is essential to quality instruction. Course-appropriate equipment for all students is imperative for the development of motor skills, manipulative skills, and eventually becoming a physically literate, lifelong learner. Equipment should include a variety of sizes, weights, and textures to provide differentiated experiences for students of various ability levels.(5) The Skill-Based Lifetime Activities course offers students the opportunity to demonstrate mastery in basic sport skills, basic sport knowledge, and health and fitness principles. Students experience opportunities that promote physical literacy and lifetime wellness. Students in Skill-Based Lifetime Activities participate in a minimum of one lifelong activity from each of the following five categories during the course.(A) Target games are activities in which students send an object toward a target.(B) Striking and fielding games are activities in which students strike an object in order to score points within a game.(C) Fitness activities provide opportunities for students to apply fitness principles to accomplish an objective.(D) Rhythmic activities provide opportunities for students to demonstrate or create movement sequences with rhythm.(E) Innovative games and activities with international significance are those games and activities that use new or innovative equipment, have been created by students, or are played internationally.(c) Knowledge and skills.(1) Movement patterns and movement skills. The physically literate student applies movement skills while participating in a minimum of five lifelong activities, including one from each of the following categories: target, striking and fielding, fitness, rhythmic, and innovative games and activities with international significance. The student is expected to:(A) exhibit a level of competency in one or more target activities such as archery, disc golf, backyard target games, bowling, and golf;(B) exhibit a level of competency in one or more striking and fielding activities such as kickball, softball, baseball, and racquet sports;(C) exhibit a level of competency in one or more fitness activities that promote cardiorespiratory endurance, muscular strength, muscular endurance, and flexibility;(D) exhibit a level of competency in one or more rhythmic activities; and(E) exhibit a level of competency in one or more innovative games and activities with international significance such as cricket, futsal, speed ball, and team handball.(2) Performance strategies. The physically literate student applies tactics and strategies to be successful in skill-based lifetime activities. The student is expected to:(A) perform skills and strategies consistently;(B) modify movement during performance using appropriate internal and external feedback;(C) describe appropriate practice procedures to improve skill and strategy in a sport;(D) identify the critical elements for successful performance;(E) demonstrate proper officiating techniques, including hand signals, verbal communication, and application of rules, to ensure safe participation in activities; and(F) keep score accurately during games or activities.(3) Health, physical activity, and fitness. The physically literate student applies knowledge of health and fitness principles to participation in skill-based lifetime activities. The student is expected to:(A) establish realistic and challenging health-related fitness goals for selected skill-based lifetime activities;(B) apply appropriate safety procedures to prevent or reduce injuries in skill-based lifetime activities; and(C) analyze health and fitness benefits derived from participating in skill-based lifetime activities.(4) Social and emotional health. The physically literate student applies principles for social and emotional health to participation in selected skill-based lifetime activities. The student is expected to:(A) acknowledge good play from an opponent during competition;(B) explain the importance of accepting the roles and decisions of officials;(C) explain the importance of accepting successes and performance limitations of self and others;(D) discuss the importance of accepting personal responsibility to create and maintain a physically and emotionally safe and nonthreatening environment while officiating; and(E) discuss and apply ways to respond to challenges, successes, and failures in physical activities in socially appropriate ways.(5) Lifetime wellness. The physically literate student applies wellness principles to participation in selected skill-based lifetime activities. The student is expected to:(A) select and participate in at least one skill-based lifetime activity that provides for enjoyment and challenge from each category, including target, striking and fielding, fitness, rhythmic, and innovative games and activities with international significance; and(B) describe how sleep is essential to optimal performance and recovery.</content><note type="source"><p>Source Note: The provisions of this §116.64 adopted to be effective August 1, 2022, 46 TexReg 2804.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c117"><num value="117">CHAPTER 117</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR FINE ARTS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c117/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.101"><num value="117.101">§117.101</num><heading>Implementation of Texas Essential Knowledge and Skills for Fine Arts, Elementary, Adopted 2013</heading><content>(a) The provisions of §§117.101-117.119 of this subchapter shall be implemented by school districts.(b) No later than August 31, 2014, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for fine arts as adopted in §§117.101-117.119 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§117.101-117.119 of this subchapter shall be implemented beginning with the 2015-2016 school year and apply to the 2015-2016 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§117.101-117.119 of this subchapter shall be implemented for the following school year.(e) Sections 117.1-117.19 of this chapter shall be superseded by the implementation of §§117.101-117.119 under this section.</content><note type="source"><p>Source Note: The provisions of this §117.101 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.102"><num value="117.102">§117.102</num><heading>Art, Kindergarten, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating artworks. The student is expected to:(A) gather information from subjects in the environment using the senses; and(B) identify the elements of art, including line, shape, color, texture, and form, and the principles of design, including repetition/pattern and balance, in the environment.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) create artworks using a variety of lines, shapes, colors, textures, and forms;(B) arrange components intuitively to create artworks; and(C) use a variety of materials to develop manipulative skills while engaging in opportunities for exploration through drawing, painting, printmaking, constructing artworks, and sculpting, including modeled forms.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) identify simple subjects expressed in artworks;(B) share ideas about personal experiences such as family and friends and develop awareness and sensitivity to differing experiences and opinions through artwork;(C) identify the uses of art in everyday life; and(D) relate visual art concepts to other disciplines.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) express ideas about personal artworks or portfolios;(B) express ideas found in collections such as real or virtual art museums, galleries, portfolios, or exhibitions using original artworks created by artists or peers; and(C) compile collections of artwork such as physical artwork, electronic images, sketchbooks, or portfolios for the purposes of self-evaluations or exhibitions.</content><note type="source"><p>Source Note: The provisions of this §117.102 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.103"><num value="117.103">§117.103</num><heading>Music, Kindergarten, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes musical sound. The student is expected to:(A) identify the differences between the five voices, including singing, speaking, inner, whispering, and calling voices;(B) identify the timbre of adult and child singing voices;(C) identify the timbre of instrument families;(D) identify same/different in beat/rhythm, higher/lower, louder/softer, faster/slower, and simple patterns in musical performances; and(E) identify beat, rhythm, and simple two-tone or three-tone melodies using iconic representation.(2) Creative expression. The student performs a varied repertoire of developmentally appropriate music in informal or formal settings. The student is expected to:(A) sing or play classroom instruments independently or in groups;(B) sing songs or play classroom instruments from diverse cultures and styles independently or in groups;(C) move alone or with others to a varied repertoire of music using gross and fine locomotor and non-locomotor movement;(D) perform simple partwork, including beat versus rhythm; and(E) perform music using louder/softer and faster/slower.(3) Historical and cultural relevance. The student examines music in relation to history and cultures. The student is expected to:(A) sing songs and play musical games, including rhymes, folk music, and seasonal music; and(B) identify simple interdisciplinary concepts related to music.(4) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performances. The student is expected to:(A) identify and demonstrate appropriate audience behavior during live or recorded performances;(B) identify steady beat in musical performances; and(C) compare same/different in beat/rhythm, higher/lower, louder/softer, faster/slower, and simple patterns in musical performances.</content><note type="source"><p>Source Note: The provisions of this §117.103 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.104"><num value="117.104">§117.104</num><heading>Theatre, Kindergarten, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) develop self-awareness through dramatic play;(B) explore space using expressive movement;(C) imitate sounds; and(D) imitate and recreate objects in dramatic play.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of movement and voice;(B) assume roles through imitation and recreation;(C) identify the characteristics of dramatic play; and(D) participate in dramatic play.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) create playing space using common objects such as tables or chairs;(B) create costumes using simple materials such as cardboard, newspaper, or fabric;(C) rehearse dramatic play; and(D) cooperate with others in dramatic play.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) rehearse and perform real and imaginative situations of family cultures of students in the class; and(B) rehearse and perform stories from American history.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) discuss, practice, and display appropriate audience behavior; and(B) respond to dramatic activities through discussion.</content><note type="source"><p>Source Note: The provisions of this §117.104 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.105"><num value="117.105">§117.105</num><heading>Art, Grade 1, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning, understanding, and applying the elements of art and principles of design. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating artworks. The student is expected to:(A) identify similarities, differences, and variations among subjects in the environment using the senses; and(B) identify the elements of art, including line, shape, color, texture, and form, and the principles of design, including emphasis, repetition/pattern, and balance, in nature and human-made environments.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) invent images that combine a variety of lines, shapes, colors, textures, and forms;(B) place components in orderly arrangements to create designs; and(C) increase manipulative skills necessary for using a variety of materials to produce drawings, paintings, prints, constructions, and sculptures, including modeled forms.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) identify simple ideas expressed in artworks through different media;(B) demonstrate an understanding that art is created globally by all people throughout time;(C) discuss the use of art in everyday life; and(D) relate visual art concepts to other disciplines.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) explain ideas about personal artworks;(B) identify ideas found in collections such as real or virtual art museums, galleries, portfolios, or exhibitions using original artworks created by artists or peers; and(C) compile collections of artwork such as physical artwork, electronic images, sketchbooks, or portfolios for the purposes of self-evaluations or exhibitions.</content><note type="source"><p>Source Note: The provisions of this §117.105 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.106"><num value="117.106">§117.106</num><heading>Music, Grade 1, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes musical sound and reads, writes, and reproduces music notation. The student is expected to:(A) identify the known five voices and adult/children singing voices;(B) identify visually and aurally the instrument families;(C) use basic music terminology in describing changes in tempo, including allegro/largo, and dynamics, including forte/piano; and(D) identify and label repetition and contrast in simple songs such as ab, aaba, or abac patterns.(2) Foundations: music literacy. The student reads, writes, and reproduces music notation. Technology and other tools may be used to read, write, and reproduce musical examples. The student is expected to:(A) read, write, and reproduce rhythmic patterns, including quarter note/paired eighth notes and quarter; and(B) read, write, and reproduce melodic patterns, including three tones from the pentatonic scale.(3) Creative expression. The student performs a varied repertoire of developmentally appropriate music in informal or formal settings. The student is expected to:(A) sing tunefully or play classroom instruments, including rhythmic and melodic patterns, independently or in groups;(B) sing songs or play classroom instruments from diverse cultures and styles, independently or in groups;(C) move alone or with others to a varied repertoire of music using gross and fine locomotor and non-locomotor movement;(D) perform simple part work, including beat versus rhythm, rhythmic ostinato, and vocal exploration; and(E) perform music using tempo, including allegro/largo, and dynamics, including forte/piano.(4) Creative expression. The student creates and explores new musical ideas. The student is expected to:(A) create short, rhythmic patterns using known rhythms;(B) create short, melodic patterns using known pitches; and(C) explore new musical ideas using singing voice and classroom instruments.(5) Historical and cultural relevance. The student examines music in relation to history and cultures. The student is expected to:(A) sing songs and play musical games, including rhymes, patriotic events, folk music, and seasonal music;(B) identify steady beat in short musical excerpts from various periods or times in history and diverse cultures; and(C) identify simple interdisciplinary concepts relating to music.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performances. The student is expected to:(A) identify and demonstrate appropriate audience behavior during live or recorded performances;(B) recognize known rhythmic and melodic elements in simple aural examples using known terminology;(C) distinguish same/different between beat/rhythm, higher/lower, louder/softer, faster/slower, and simple patterns in musical performances; and(D) respond verbally or through movement to short musical examples.</content><note type="source"><p>Source Note: The provisions of this §117.106 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.107"><num value="117.107">§117.107</num><heading>Theatre, Grade 1, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) develop confidence and self-awareness through dramatic play;(B) develop spatial awareness in dramatic play using expressive and rhythmic movement;(C) imitate actions and sounds; and(D) imitate and create animate and inanimate objects in dramatic play.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of movement and voice;(B) create roles through imitation;(C) dramatize simple stories; and(D) dramatize poems and songs.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) discuss aspects of the environment for use in dramatic play such as location or climate;(B) adapt the environment for dramatic play using common objects such as tables or chairs;(C) rehearse dramatic play; and(D) cooperate with others in dramatic play.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) imitate life experiences from school and community cultures in dramatic play; and(B) explore diverse cultural and historical experiences through fables, myths, or fairytales in dramatic play.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) discuss, practice, and display appropriate audience behavior;(B) discuss dramatic activities; and(C) discuss the use of music, creative movement, and visual components in dramatic play.</content><note type="source"><p>Source Note: The provisions of this §117.107 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.108"><num value="117.108">§117.108</num><heading>Art, Grade 2, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating artworks. The student is expected to:(A) compare and contrast variations in objects and subjects from the environment using the senses; and(B) identify the elements of art, including line, shape, color, texture, form, and space, and the principles of design, including emphasis, repetition/pattern, movement/rhythm, and balance.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) express ideas and feelings in personal artworks using a variety of lines, shapes, colors, textures, forms, and space;(B) create compositions using the elements of art and principles of design; and(C) identify and practice skills necessary for producing drawings, paintings, prints, constructions, and sculpture, including modeled forms, using a variety of materials.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) interpret stories, content, and meanings in a variety of artworks;(B) examine historical and contemporary artworks created by men and women, making connections to various cultures;(C) analyze how art affects everyday life and is connected to jobs in art and design; and(D) relate visual art concepts to other disciplines.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) support reasons for preferences in personal artworks;(B) compare and contrast ideas found in collections such as real or virtual art museums, galleries, portfolios, or exhibitions using original artworks created by artists or peers; and(C) compile collections of artwork such as physical artwork, electronic images, sketchbooks, or portfolios for the purposes of self evaluations or exhibitions.</content><note type="source"><p>Source Note: The provisions of this §117.108 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.109"><num value="117.109">§117.109</num><heading>Music, Grade 2, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes musical sound. The student is expected to:(A) identify choral voices, including unison versus ensemble;(B) identify instruments visually and aurally;(C) use known music terminology to explain musical examples of tempo, including presto, moderato, and andante, and dynamics, including fortissimo and pianissimo; and(D) identify and label simple small forms such as aaba and abac.(2) Foundations: music literacy. The student reads, writes, and reproduces music notation. Technology and other tools may be used to read, write, and reproduce musical examples. The student is expected to:(A) read, write, and reproduce rhythmic patterns using standard notation in 2/4 meter, including half note/half rest;(B) read, write, and reproduce pentatonic melodic patterns using standard staff notation; and(C) read, write, and reproduce basic music terminology, including allegro/largo and forte/piano.(3) Creative expression. The student performs a varied repertoire of developmentally appropriate music in informal or formal settings. The student is expected to:(A) sing tunefully or play classroom instruments, including rhythmic and melodic patterns, independently or in groups;(B) sing songs or play classroom instruments from diverse cultures and styles, independently or in groups;(C) move alone or with others to a varied repertoire of music using gross and fine locomotor and non-locomotor movement;(D) perform simple part work, including rhythmic ostinato, and vocal exploration such as singing, speaking, and chanting; and(E) perform music using tempo, including presto, moderato, and andante, and dynamics, including fortissimo and pianissimo.(4) Creative expression. The student creates and explores new musical ideas. The student is expected to:(A) create rhythmic phrases using known rhythms;(B) create melodic phrases using known pitches; and(C) explore new musical ideas in phrases using singing voice and classroom instruments.(5) Historical and cultural relevance. The student examines music in relation to history and cultures. The student is expected to:(A) sing songs and play musical games, including patriotic, folk, and seasonal music;(B) examine short musical excerpts from various periods or times in history and diverse and local cultures; and(C) identify simple interdisciplinary concepts relating to music.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performances. The student is expected to:(A) begin to practice appropriate audience behavior during live or recorded performances;(B) recognize known rhythmic and melodic elements in simple aural examples using known terminology;(C) distinguish between rhythms, higher/lower pitches, louder/softer dynamics, faster/slower tempos, and simple patterns in musical performances; and(D) respond verbally or through movement to short musical examples.</content><note type="source"><p>Source Note: The provisions of this §117.109 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.110"><num value="117.110">§117.110</num><heading>Theatre, Grade 2, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) react to sensory experiences such as sight or sound through dramatic play;(B) expand spatial awareness in dramatic play using expressive and rhythmic movement;(C) participate in dramatic play using actions, sounds, and dialogue; and(D) role play, imitate, and recreate dialogue.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of movement and voice;(B) role play in real life and imaginative situations through narrative pantomime, dramatic play, and story dramatization;(C) create dramatizations of limited-action stories using simple pantomime or puppetry; and(D) dramatize poems and songs using simple pantomime or puppetry.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) select aspects of the environment such as location, climate, or time for use in dramatic play;(B) adapt the environment for dramatic play using common objects such as tables or chairs;(C) plan dramatic play; and(D) cooperate and interact with others in dramatic play.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) imitate life experiences from school and community cultures in dramatic play; and(B) explore diverse cultural and historical experiences through fables, myths, or fairytales in dramatic play.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) discuss, practice, and display appropriate audience behavior;(B) react to and discuss dramatic activities; and(C) integrate music, creative movement, and visual components in dramatic play.</content><note type="source"><p>Source Note: The provisions of this §117.110 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.111"><num value="117.111">§117.111</num><heading>Art, Grade 3, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating artworks. The student is expected to:(A) explore ideas from life experiences about self, peers, family, school, or community and from the imagination as sources for original works of art;(B) use appropriate vocabulary when discussing the elements of art, including line, shape, color, texture, form, space, and value, and the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity; and(C) discuss the elements of art as building blocks and the principles of design as organizers of works of art.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem solving skills. The student is expected to:(A) integrate ideas drawn from life experiences to create original works of art;(B) create compositions using the elements of art and principles of design; and(C) produce drawings; paintings; prints; sculpture, including modeled forms; and other art forms such as ceramics, fiber art, constructions, mixed media, installation art, digital art and media, and photographic imagery using a variety of materials.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) identify simple main ideas expressed in artworks from various times and places;(B) compare and contrast artworks created by historical and contemporary men and women, making connections to various cultures;(C) connect art to career opportunities for positions such as architects, animators, cartoonists, engineers, fashion designers, film makers, graphic artists, illustrators, interior designers, photographers, and web designers; and(D) investigate the connections of visual art concepts to other disciplines.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) evaluate the elements of art, principles of design, or expressive qualities in artworks of self, peers, and historical and contemporary artists;(B) use methods such as oral response or artist statements to identify main ideas found in collections of artworks created by self, peers, and major historical or contemporary artists in real or virtual portfolios, galleries, or art museums; and(C) compile collections of personal artworks such as physical artworks, electronic images, sketchbooks, or portfolios for purposes of self assessment or exhibition.</content><note type="source"><p>Source Note: The provisions of this §117.111 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.112"><num value="117.112">§117.112</num><heading>Music, Grade 3, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes musical sound. The student is expected to:(A) categorize and explain a variety of musical sounds, including those of children and adult voices;(B) categorize and explain a variety of musical sounds, including those of woodwind, brass, string, percussion, and instruments from various cultures;(C) use known music symbols and terminology referring to rhythm; melody; timbre; form; tempo; and dynamics, including mezzo piano and mezzo forte, to identify musical sounds presented aurally; and(D) identify and label small and large musical forms such as abac, AB, and ABA presented aurally in simple songs and larger works.(2) Foundations: music literacy. The student reads, writes, and reproduces music notation using a system. Technology and other tools may be used to read, write, and reproduce musical examples. The student is expected to:(A) read, write, and reproduce rhythmic patterns using standard notation, including four sixteenth notes, whole notes, whole rests, and previously learned note values in 2/4 and 4/4 meters as appropriate;(B) read, write, and reproduce extended pentatonic melodic patterns using standard staff notation; and(C) identify new and previously learned music symbols and terms referring to tempo and dynamics, including mezzo piano and mezzo forte.(3) Creative expression. The student performs a varied repertoire of developmentally appropriate music in informal or formal settings. The student is expected to:(A) sing or play classroom instruments with accurate intonation and rhythm independently or in groups;(B) sing or play a varied repertoire of music such as American folk songs and folk songs representative of local cultures independently or in groups;(C) move alone or with others to a varied repertoire of music using gross motor, fine motor, locomotor, and non-locomotor skills and integrated movement such as hands and feet moving together;(D) perform simple part work, including rhythmic and melodic ostinati, derived from known repertoire; and(E) interpret through performance new and previously learned music symbols and terms referring to tempo and dynamics, including mezzo piano and mezzo forte.(4) Creative expression. The student creates and explores new musical ideas within specified guidelines. The student is expected to:(A) create rhythmic phrases through improvisation or composition;(B) create melodic phrases through improvisation or composition; and(C) create simple accompaniments through improvisation or composition.(5) Historical and cultural relevance. The student examines music in relation to history and cultures. The student is expected to:(A) perform a varied repertoire of songs, movement, and musical games representative of American and local cultures;(B) identify music from diverse genres, styles, periods, and cultures; and(C) identify the relationships between music and interdisciplinary concepts.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performances. The student is expected to:(A) exhibit audience etiquette during live and recorded performances;(B) recognize known rhythmic and melodic elements in aural examples using appropriate vocabulary;(C) identify specific musical events in aural examples such as changes in timbre, form, tempo, or dynamics using appropriate vocabulary;(D) respond verbally and through movement to short musical examples; and(E) describe a variety of compositions and formal or informal musical performances using specific music vocabulary.</content><note type="source"><p>Source Note: The provisions of this §117.112 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.113"><num value="117.113">§117.113</num><heading>Theatre, Grade 3, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) react to sensory and emotional experiences such as sight or sound and happiness or sadness through creative play;(B) create playing space using expressive and rhythmic movement;(C) respond to sounds, music, images, language, and literature using movement; and(D) reflect the environment, portray character, and demonstrate actions in classroom dramatizations.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of movement and voice;(B) participate in a variety of roles in real life or imaginative situations through narrative pantomime, dramatic play, or story dramatization;(C) dramatize literary selections using shadow play or puppetry; and(D) dramatize literary selections using pantomime and imitative dialogue.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) identify technical theatre elements such as props, costumes, sound, and visual elements that define character, environment, action, and theme;(B) use simple technical theatre elements such as props, costumes, sound, and visual elements that define character, environment, action, and theme;(C) plan dramatic play;(D) cooperate and interact with others in dramatic play; and(E) observe live or multimedia theatrical performances.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) explore historical and diverse cultural influences from a variety of sources through dramatic activities;(B) illustrate similarities and differences between life and theatre, television, and film through dramatic play; and(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) apply appropriate audience behavior consistently;(B) discuss and evaluate simple dramatic activities and performances; and(C) discuss the use of music, movement, and visual components in dramatic activities and performances.</content><note type="source"><p>Source Note: The provisions of this §117.113 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.114"><num value="117.114">§117.114</num><heading>Art, Grade 4, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating artworks. The student is expected to:(A) explore and communicate ideas drawn from life experiences about self, peers, family, school, or community and from the imagination as sources for original works of art;(B) use appropriate vocabulary when discussing the elements of art, including line, shape, color, texture, form, space, and value, and the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity; and(C) discuss the elements of art as building blocks and the principles of design as organizers of works of art.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) integrate ideas drawn from life experiences to create original works of art;(B) create compositions using the elements of art and principles of design; and(C) produce drawings; paintings; prints; sculpture, including modeled forms; and other art forms such as ceramics, fiber art, constructions, mixed media, installation art, digital art and media, and photographic imagery using a variety of art media and materials.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) compare content in artworks for various purposes such as the role art plays in reflecting life, expressing emotions, telling stories, or documenting history and traditions;(B) compare purpose and content in artworks created by historical and contemporary men and women, making connections to various cultures;(C) connect art to career opportunities for positions such as architects, animators, cartoonists, engineers, fashion designers, film makers, graphic artists, illustrators, interior designers, photographers, and web designers; and(D) investigate connections of visual art concepts to other disciplines.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) evaluate the elements of art, principles of design, intent, or expressive qualities in artworks of self, peers, and historical and contemporary artists;(B) use methods such as written or oral response or artist statements to identify emotions found in collections of artworks created by self, peers, and major historical or contemporary artists in real or virtual portfolios, galleries, or art museums; and(C) compile collections of personal artworks for purposes of self-assessment or exhibition such as physical artworks, electronic images, sketchbooks, or portfolios.</content><note type="source"><p>Source Note: The provisions of this §117.114 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.115"><num value="117.115">§117.115</num><heading>Music, Grade 4, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes musical sound. The student is expected to:(A) categorize and explain a variety of musical sounds, including those of children's voices and soprano and alto adult voices;(B) categorize and explain a variety of musical sounds, including those of woodwind, brass, string, percussion, keyboard, electronic instruments, and instruments of various cultures;(C) use known music symbols and terminology referring to rhythm; melody; timbre; form; tempo; dynamics, including crescendo and decrescendo; and articulation, including staccato and legato, to explain musical sounds presented aurally; and(D) identify and label small and large musical forms such as, abac, AB, ABA, and rondo presented aurally in simple songs and larger works.(2) Foundations: music literacy. The student reads, writes, and reproduces music notation using a system. Technology and other tools may be used to read, write, and reproduce musical examples. The student is expected to:(A) read, write, and reproduce rhythmic patterns using standard notation, including separated eighth notes, eighth- and sixteenth-note combinations, dotted half note, and previously learned note values in 2/4, 4/4, and 3/4 meters as appropriate;(B) read, write, and reproduce extended pentatonic melodic patterns using standard staff notation; and(C) identify new and previously learned music symbols and terms referring to tempo; dynamics, including crescendo and decrescendo; and articulation, including staccato and legato.(3) Creative expression. The student performs a varied repertoire of developmentally appropriate music in informal or formal settings. The student is expected to:(A) sing and play classroom instruments with accurate intonation and rhythm, independently or in groups;(B) sing or play a varied repertoire of music such as American and Texan folk songs and folk songs representative of local cultures, independently or in groups;(C) move alone and with others to a varied repertoire of music using gross motor, fine motor, locomotor, and non-locomotor skills and integrated movement such as hands and feet moving together;(D) perform various folk dances and play parties;(E) perform simple part work, including rhythmic and melodic ostinati, derived from known repertoire; and(F) interpret through performance new and previously learned music symbols and terms referring to tempo; dynamics, including crescendo and decrescendo; and articulation, including staccato and legato.(4) Creative expression. The student creates and explores new musical ideas within specified guidelines. The student is expected to:(A) create rhythmic phrases through improvisation or composition;(B) create melodic phrases through improvisation or composition; and(C) create simple accompaniments through improvisation or composition.(5) Historical and cultural relevance. The student examines music in relation to history and cultures. The student is expected to:(A) perform a varied repertoire of songs, movement, and musical games representative of diverse cultures such as historical folk songs of Texas and Hispanic and American Indian cultures in Texas;(B) perform music representative of America and Texas, including "Texas, Our Texas";(C) identify and describe music from diverse genres, styles, periods, and cultures; and(D) examine the relationships between music and interdisciplinary concepts.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performances. The student is expected to:(A) exhibit audience etiquette during live and recorded performances;(B) recognize known rhythmic and melodic elements in aural examples using appropriate vocabulary;(C) describe specific musical events in aural examples such as changes in timbre, form, tempo, dynamics, or articulation using appropriate vocabulary;(D) respond verbally and through movement to short musical examples;(E) describe a variety of compositions and formal or informal musical performances using specific music vocabulary; and(F) justify personal preferences for specific music works and styles using music vocabulary.</content><note type="source"><p>Source Note: The provisions of this §117.115 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.116"><num value="117.116">§117.116</num><heading>Theatre, Grade 4, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) integrate sensory and emotional responses in dramatic play;(B) develop body awareness and spatial perception using rhythmic and expressive movement;(C) respond to sound, music, images, language, and literature with voice and movement and participate in dramatic play using actions, sounds, and dialogue;(D) express emotions and ideas using interpretive movements, sounds, and dialogue;(E) imitate and synthesize life experiences in dramatic play;(F) use common objects to represent the setting, enhance characterization, and clarify actions; and(G) define and demonstrate correct use of basic theatrical terms such as dialogue, character, scene, prop, costumes, setting, and theme.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of the voice and body;(B) describe characters, their relationships, and their surroundings;(C) develop characters and assume roles in short improvised scenes using imagination, personal experiences, heritage, literature, and history;(D) dramatize literary selections in unison, pairs, or groups, demonstrating a logical connection of events and describing the characters, their relationships, and their surroundings; and(E) create simple stories collaboratively through imaginative play, improvisations, and story dramatizations, demonstrating a logical connection of events and describing the characters, their relationships, and their surroundings.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) describe the appropriate use of props, costumes, sound, and visual elements that define character, environment, action, and theme;(B) alter space to create suitable performance environments for playmaking;(C) plan brief dramatizations collaboratively; and(D) interact cooperatively with others in brief dramatizations.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) explain theatre as a reflection of life in particular times, places, cultures, and oral traditions specific to Texas;(B) identify the role of live theatre, film, television, and electronic media in American society; and(C) compare theatre artists and their contributions to theatre and society.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) apply appropriate audience behavior at formal and informal performances;(B) compare visual, aural, oral, and kinetic aspects of informal playmaking with formal theatre; and(C) discuss how movement, music, or visual elements enhance ideas and emotions depicted in theatre.</content><note type="source"><p>Source Note: The provisions of this §117.116 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.117"><num value="117.117">§117.117</num><heading>Art, Grade 5, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating artworks. The student is expected to:(A) develop and communicate ideas drawn from life experiences about self, peers, family, school, or community and from the imagination as sources for original works of art;(B) use appropriate vocabulary when discussing the elements of art, including line, shape, color, texture, form, space, and value, and the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity; and(C) discuss the elements of art as building blocks and the principles of design as organizers of works of art.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) integrate ideas drawn from life experiences to create original works of art;(B) create compositions using the elements of art and principles of design; and(C) produce drawings; paintings; prints; sculpture, including modeled forms; and other art forms such as ceramics, fiber art, constructions, digital art and media, and photographic imagery using a variety of materials.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) compare the purpose and effectiveness of artworks from various times and places, evaluating the artist's use of media and techniques, expression of emotions, or use of symbols;(B) compare the purpose and effectiveness of artworks created by historic and contemporary men and women, making connections to various cultures;(C) connect art to career opportunities for positions such as architects, animators, cartoonists, engineers, fashion designers, film makers, graphic artists, illustrators, interior designers, photographers, and web designers; and(D) investigate connections of visual art concepts to other disciplines.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) evaluate the elements of art, principles of design, general intent, media and techniques, or expressive qualities in artworks of self, peers, or historical and contemporary artists;(B) use methods such as written or oral response or artist statements to identify themes found in collections of artworks created by self, peers, and major historical or contemporary artists in real or virtual portfolios, galleries, or art museums; and(C) compile collections of personal artworks for purposes of self-assessment or exhibition such as physical artworks, electronic images, sketchbooks, or portfolios.</content><note type="source"><p>Source Note: The provisions of this §117.117 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.118"><num value="117.118">§117.118</num><heading>Music, Grade 5, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes musical sound. The student is expected to:(A) distinguish among a variety of musical timbres, including those of children's voices and soprano, alto, tenor, and bass adult voices;(B) distinguish among a variety of musical timbres, including those of woodwind, brass, string, percussion, keyboard, electronic instruments, and instruments of various cultures;(C) use known music symbols and terminology referring to rhythm; melody; timbre; form; tempo, including accelerando and ritardando; dynamics; articulation; and meter, including simple and compound, to explain musical sounds presented aurally; and(D) identify and label small and large musical forms such as abac, AB, and ABA; rondo; and theme and variations presented aurally in simple songs and larger works.(2) Foundations: music literacy. The student reads, writes, and reproduces music notation using a system. Technology and other tools may be used to read, write, and reproduce musical examples. The student is expected to:(A) read, write, and reproduce rhythmic patterns using standard notation, including syncopated patterns, and previously learned note values in 2/4, 3/4, or 4/4 meters as appropriate;(B) read, write, and reproduce extended pentatonic and diatonic melodic patterns using standard staff notation; and(C) identify and interpret new and previously learned music symbols and terms referring to tempo, including accelerando and ritardando; dynamics; articulation; and meter, including simple and compound.(3) Creative expression. The student performs a varied repertoire of developmentally appropriate music in informal or formal settings. The student is expected to:(A) sing and play classroom instruments independently or in groups with accurate intonation and rhythm;(B) sing or play a varied repertoire of music such as American folk songs, patriotic music, and folk songs representative of local and world cultures independently or in groups;(C) move alone and with others to a varied repertoire of music using gross motor, fine motor, locomotor, and non-locomotor skills and integrated movement such as hands and feet moving together;(D) perform various folk dances and play parties;(E) perform simple two-part music, including rhythmic and melodic ostinati, rounds, partner songs, and counter melodies; and(F) interpret through performance new and previously learned music symbols and terms referring to tempo, including accelarando and ritardando; dynamics; articulation; and meter, including simple and compound.(4) Creative expression. The student creates and explores new musical ideas within specified guidelines. The student is expected to:(A) create rhythmic phrases through improvisation and composition;(B) create melodic phrases through improvisation and composition; and(C) create simple accompaniments through improvisation and composition.(5) Historical and cultural relevance. The student examines music in relation to history and cultures. The student is expected to:(A) perform a varied repertoire of songs, movement, and musical games representative of diverse cultures such as historical folk songs of Texas and America and European and African cultures in America;(B) perform music representative of Texas and America, including "The Star Spangled Banner";(C) identify and describe music from diverse genres, styles, periods, and cultures; and(D) examine the relationships between music and interdisciplinary concepts.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performances. The student is expected to:(A) exhibit audience etiquette during live and recorded performances;(B) identify known rhythmic and melodic elements in aural examples using appropriate vocabulary;(C) describe specific musical events such as changes in timbre, form, tempo, dynamics, or articulation in aural examples using appropriate vocabulary;(D) respond verbally and through movement to short musical examples;(E) evaluate a variety of compositions and formal or informal musical performances using specific criteria; and(F) justify personal preferences for specific music works and styles using music vocabulary.</content><note type="source"><p>Source Note: The provisions of this §117.118 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scA/s117.119"><num value="117.119">§117.119</num><heading>Theatre, Grade 5, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) develop characterization using sensory and emotional recall;(B) develop body awareness and spatial perceptions using pantomime;(C) respond to sounds, music, images, language, and literature using movement;(D) express emotions and relate ideas using interpretive and planned movement and dialogue;(E) integrate life experiences in dramatic play;(F) portray environment, character, and actions; and(G) demonstrate correct use of basic theatrical terminology.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of the voice and body;(B) describe characters, their relationships, and their surroundings in detail;(C) create movements and portray a character using dialogue appropriately;(D) dramatize literary selections in unison, pairs, or groups, demonstrating a logical connection of events and describing the characters, their relationships, and their surroundings; and(E) create simple stories collaboratively through imaginative play, improvisations, and story dramatizations, demonstrating a logical connection of events describing the characters, their relationships, and their surroundings.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) demonstrate character, environment, action, and theme using props, costumes, and visual elements;(B) alter space appropriately to create suitable performance environments for playmaking;(C) plan dramatizations collaboratively; and(D) interact cooperatively with others in dramatizations.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) explain theatre as a reflection of life in particular times, places, cultures, and oral traditions specific to American history;(B) examine the role of live theatre, film, television, or electronic media throughout American history; and(C) analyze and compare theatre artists and their contributions to theatre and society.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) analyze and apply appropriate audience behavior at a variety of performances;(B) compare visual, aural, oral, and kinetic aspects of informal and formal theatre with the elements of art, dance, or music; and(C) identify and discuss how movement, music, or visual elements enhance ideas and emotions depicted in theatre.</content><note type="source"><p>Source Note: The provisions of this §117.119 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c117/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.201"><num value="117.201">§117.201</num><heading>Implementation of Texas Essential Knowledge and Skills for Fine Arts, Middle School, Adopted 2013</heading><content>(a) The provisions of §§117.201-117.213 of this subchapter shall be implemented by school districts.(b) No later than August 31, 2014, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for fine arts as adopted in §§117.201-117.213 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§117.201-117.213 of this subchapter shall be implemented beginning with the 2015-2016 school year and apply to the 2015-2016 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§117.201-117.213 of this subchapter shall be implemented for the following school year.(e) Sections 117.31-117.40 of this chapter shall be superseded by the implementation of §§117.201-117.213 under this section.</content><note type="source"><p>Source Note: The provisions of this §117.201 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.202"><num value="117.202">§117.202</num><heading>Art, Middle School 1, Adopted 2013</heading><content>(a) General requirements. Students in Grades 6, 7, or 8 enrolled in the first year of art may select Art, Middle School 1.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating original artworks. The student is expected to:(A) identify and illustrate concepts from direct observation, original sources, personal experiences, and communities such as family, school, cultural, local, regional, national, and international;(B) understand and apply the elements of art, including line, shape, color, texture, form, space, and value, as the fundamentals of art in personal artworks using art vocabulary appropriately;(C) understand and apply the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity, in personal artworks using art vocabulary appropriately; and(D) discuss the expressive properties of artworks such as appropriation, meaning, narrative, message, and symbol using art vocabulary accurately.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) create original artworks based on direct observations, original sources, personal experiences, and the community;(B) apply the art-making process to solve problems and generate design solutions; and(C) produce artworks, including drawings, paintings, prints, sculptures/modeled forms, ceramics, fiber art, photographic imagery, and digital art and media, using a variety of materials.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) identify the influence of historical and political events in artworks;(B) identify examples of art that convey universal themes such as beliefs, cultural narrative, life cycles, the passage of time, identity, conflict, and cooperation;(C) explain the relationships that exist between societies and their art and architecture; and(D) explore career and avocational opportunities in art such as various design, museum, and fine arts fields.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of the lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) create written or oral responses to artwork using appropriate art vocabulary;(B) analyze original artworks using a method of critique such as describing the artwork, analyzing the way it is organized, interpreting the artist's intention, and evaluating the success of the artwork;(C) develop a portfolio;(D) investigate and explore original artworks in a variety of venues outside of the classroom such as museums, galleries, or community art; and(E) understand and demonstrate proper exhibition etiquette.</content><note type="source"><p>Source Note: The provisions of this §117.202 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.203"><num value="117.203">§117.203</num><heading>Art, Middle School 2, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating original artworks. The student is expected to:(A) identify and illustrate ideas from direct observation, original sources, imagination, personal experiences, and communities such as family, school, cultural, local, regional, national, and international;(B) compare and contrast the elements of art, including line, shape, color, texture, form, space, and value, as the fundamentals of art in personal artworks using vocabulary accurately;(C) compare and contrast the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity, in personal artworks using vocabulary accurately; and(D) understand and apply the expressive properties of artworks such as appropriation, meaning, narrative, message, and symbol using art vocabulary accurately.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) create original artworks that express a variety of ideas based on direct observations, original sources, and personal experiences, including memory, identity, imagination, and the community;(B) apply the art-making process to solve problems and generate design solutions;(C) apply technical skills effectively using a variety of materials to produce artworks, including drawings, paintings, prints, sculptures/modeled forms, ceramics, fiber art, photographic imagery, and digital art and media; and(D) use an understanding of copyright and public domain to appropriate imagery when working from sources rather than direct observation or imagination.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) analyze ways that global, cultural, historical, and political issues influence artworks;(B) analyze selected artworks to determine contemporary relevance in relationship to universal themes such as belief, cultural narrative, life cycles, the passage of time, identity, conflict, and cooperation;(C) compare and contrast relationships that exist between a society's art and its music, literature, and architecture; and(D) identify career and avocational choices in art such as various design, museum, and fine arts fields.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of the lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) create written or oral responses about personal or collaborative artworks addressing purpose, technique, organization, judgment, and personal expression;(B) analyze original artworks using a method of critique such as describing the artwork, analyzing the way it is organized, interpreting the artist's intention, and evaluating the success of the artwork;(C) develop a portfolio that demonstrates progress;(D) investigate and explore original artworks in a variety of venues outside of the classroom such as museums, galleries, or community art; and(E) demonstrate an understanding of and apply proper exhibition etiquette.</content><note type="source"><p>Source Note: The provisions of this §117.203 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.204"><num value="117.204">§117.204</num><heading>Art, Middle School 3, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences, as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating original artworks. The student is expected to:(A) identify and illustrate concepts from direct observation, original sources, imagination, personal experience, and communities such as family, school, cultural, local, regional, national, and international;(B) evaluate the elements of art, including line, shape, color, texture, form, space, and value, as the fundamentals of art in personal artworks using vocabulary accurately;(C) evaluate the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity, in personal artworks using vocabulary accurately; and(D) compare and contrast the expressive properties of artworks, including appropriation, meaning, narrative, message, and symbol, using vocabulary accurately.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) create original artworks expressing themes found through direct observation; original sources; personal experiences, including memory, identity, and imagination; and the community;(B) apply the art-making process to solve problems and generate design solutions;(C) create artworks by selecting appropriate art materials, including drawings, paintings, prints, sculptures/modeled forms, ceramics, fiber art, photographic imagery, and digital art and media;(D) use an understanding of copyright and public domain to appropriate imagery when working from sources rather than direct observation or imagination; and(E) create experimental artworks using installation, performance, or collaboration.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) analyze ways in which global, contemporary, historical, and political issues have influenced art;(B) analyze cultural ideas expressed in artworks relating to social, political, and environmental themes such as environment/nature, conflict and power, relationships to others, and reality/fantasy;(C) evaluate the relationships that exist among a society's art, music, theatre, and dance; and(D) compare and contrast career and avocational opportunities in art such as various design, museum, and fine arts fields.(4) Critical evaluation and response. The student responds to and analyzes artworks of self and others, contributing to the development of the lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) create written and oral responses about personal or collaborative artworks addressing purpose, technique, organization, judgment, and personal expression;(B) analyze original artworks and portfolios using a method of critique such as describing the artwork, analyzing the way it is organized, interpreting the artist's intention, and evaluating the success of the artwork;(C) investigate and explore original artworks in a variety of venues outside of the classroom such as museums, galleries, or community art; and(D) understand and demonstrate proper exhibition etiquette.</content><note type="source"><p>Source Note: The provisions of this §117.204 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.205"><num value="117.205">§117.205</num><heading>Dance, Middle School 1, Adopted 2013</heading><content>(a) General requirements. Students in Grades 6, 7, or 8 enrolled in the first year of dance may select Dance, Middle School 1.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Dance students develop perceptual thinking and movement abilities in daily life, promoting an understanding of themselves and others. Students develop movement principles and technical skills and explore choreographic and performance qualities. Students develop self-discipline and healthy bodies that move expressively, efficiently, and safely through space and time with a sensitive kinesthetic awareness. Students recognize dance as a vehicle for understanding historical and cultural relevance, increasing an awareness of their heritage and traditions and those of others, and enabling them to participate in a diverse society. Evaluating and analyzing dance allows students to strengthen decision-making skills, develop critical and creative thinking, and develop artistic creative processes. Students continue to explore technology and its application to dance and movement, enabling them to make informed decisions about dance.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: perception. The student develops an awareness of the body's movement using sensory information while dancing. The student is expected to:(A) demonstrate basic kinesthetic and spatial awareness individually and in groups;(B) recognize the concepts of wellness for healthy lifestyles;(C) define body science applications through dance genres, styles, and vocabulary; and(D) identify dance movement elements through space, energy, and time.(2) Creative expression: artistic process. The student develops knowledge and skills of dance elements, choreographic processes, and forms in a variety of dance genres and styles. The student is expected to:(A) recognize basic principles of proper body alignment;(B) define knowledge of dance composition elements, improvisation skills, and choreographic processes;(C) identify movement studies using rhythmical skills and spatial directions; and(D) recognize expressions of ideas or emotions individually and in groups.(3) Creative expression: performance. The student develops knowledge and execution of technical dance skills and a variety of dance genres and styles through performing. The student is expected to:(A) identify various dance genres and styles such as ballet, jazz, tap, modern dance, musical theatre dance, and world dance forms;(B) perform in groups with the intent to communicate to an audience;(C) define the use of dance elements in practice and performance incorporating technology; and(D) identify an effective warm-up and cool-down using elements of proper conditioning for performing skills.(4) Historical and cultural relevance. The student demonstrates an understanding of cultural, historical, and artistic diversity. The student is expected to:(A) define the cultural significance as communicated through dance movement, identifying historical figures and their contributions to dance history;(B) identify movement characteristics of historical and cultural dance forms and the contributions of their artists;(C) identify a dance representative of one's heritage or environment; and(D) understand dances in various media and other content areas.(5) Critical evaluation and response. The student makes informed personal judgments about dance and the meaning and role of dance in society. The student is expected to:(A) define the quality and effectiveness of dance performances while incorporating appropriate etiquette in the classroom and performances;(B) identify relationships between dance and other content subjects;(C) define the content and choreographic structures used by various American choreographers; and(D) define artistic decisions of personal dance works.</content><note type="source"><p>Source Note: The provisions of this §117.205 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.206"><num value="117.206">§117.206</num><heading>Dance, Middle School 2, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Dance students develop perceptual thinking and movement abilities in daily life, promoting an understanding of themselves and others. Students develop movement principles and technical skills and explore choreographic and performance qualities. Students develop self-discipline and healthy bodies that move expressively, efficiently, and safely through space and time with a sensitive kinesthetic awareness. Students recognize dance as a vehicle for understanding historical and cultural relevance, increasing an awareness of their heritage and traditions and those of others, and enabling them to participate in a diverse society. Evaluating and analyzing dance allows students to strengthen decision-making skills, develop critical and creative thinking, and develop artistic creative processes. Students continue to explore technology and its application to dance and movement, enabling them to make informed decisions about dance.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: perception. The student develops an awareness of the body's movement using sensory information while dancing. The student is expected to:(A) demonstrate basic kinesthetic and spatial awareness individually and in groups;(B) identify the concepts of wellness for healthy lifestyles;(C) demonstrate body science applications through dance genres, styles, and vocabulary; and(D) explore and demonstrate dance movement elements through space, energy, and time.(2) Creative expression: artistic process. The student develops knowledge and skills of dance elements, choreographic processes, and forms in a variety of dance genres and styles. The student is expected to:(A) identify basic principles of proper body alignment;(B) explore and describe knowledge of dance composition elements, improvisation skills, and choreographic processes;(C) distinguish between movement studies using rhythmical skills and spatial directions; and(D) explore and demonstrate expressions of ideas or emotions individually and in groups.(3) Creative expression: performance. The student develops knowledge and execution of technical dance skills and a variety of dance genres and styles through performing. The student is expected to:(A) explore and demonstrate various dance genres and styles such as ballet, jazz, tap, modern dance, musical theatre dance, and world dance forms;(B) perform individually and in groups with the intent to communicate and project to an audience;(C) demonstrate the use of dance elements in practice and performance incorporating technology; and(D) demonstrate an effective warm-up and cool-down using elements of proper conditioning for performing skills.(4) Historical and cultural relevance. The student demonstrates an understanding of cultural, historical, and artistic diversity. The student is expected to:(A) recognize the cultural significance as communicated through dance movement, identifying historical figures and their contributions to dance history;(B) interpret movement characteristics of historical and cultural dance forms and the contributions of their artists;(C) recognize a dance representative of one's heritage or environment; and(D) evaluate dance in various media and other content areas.(5) Critical evaluation and response. The student makes informed personal judgments about dance and the meaning and role of dance in society. The student is expected to:(A) demonstrate the quality and effectiveness of dance performances while incorporating appropriate etiquette in the classroom and performances;(B) interpret relationships between dance and other content subjects;(C) demonstrate the content and choreographic structures used by various American choreographers; and(D) interpret and evaluate artistic decisions of personal dance works.</content><note type="source"><p>Source Note: The provisions of this §117.206 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.207"><num value="117.207">§117.207</num><heading>Dance, Middle School 3, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Dance students develop perceptual thinking and movement abilities in daily life, promoting an understanding of themselves and others. Students develop movement principles and technical skills and explore choreographic and performance qualities. Students develop self-discipline and healthy bodies that move expressively, efficiently, and safely through space and time with a sensitive kinesthetic awareness. Students recognize dance as a vehicle for understanding historical and cultural relevance, increasing an awareness of their heritage and traditions and those of others, and enabling them to participate in a diverse society. Evaluating and analyzing dance allows students to strengthen decision-making skills, develop critical and creative thinking, and develop artistic creative processes. Students continue to explore technology and its application to dance and movement, enabling them to make informed decisions about dance.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: perception. The student develops an awareness of the body's movement using sensory information while dancing. The student is expected to:(A) demonstrate basic kinesthetic and spatial awareness individually and in groups;(B) distinguish between concepts of wellness for healthy lifestyles;(C) implement body science applications through dance genres, styles, and vocabulary; and(D) develop dance movement elements through space, energy, and time.(2) Creative expression: artistic process. The student develops knowledge and skills of dance elements, choreographic processes, and forms in a variety of dance genres and styles. The student is expected to:(A) apply basic principles of proper body alignment;(B) demonstrate knowledge of dance composition elements, improvisation skills, and choreographic processes;(C) create movement studies using rhythmical skills and spatial directions; and(D) design and demonstrate expressions of ideas or emotions individually and in groups.(3) Creative expression: performance. The student develops knowledge and execution of technical dance skills and a variety of dance genres and styles through performing. The student is expected to:(A) apply various dance genres and styles such as ballet, jazz, tap, modern dance, musical theatre dance, and world dance forms;(B) perform individually and in groups with the intent to express emotions, communicate, and project to an audience;(C) evaluate the use of dance elements in practice and performance incorporating technology and elements of dance production; and(D) practice an effective warm-up and cool-down using elements of proper conditioning for performing skills.(4) Historical and cultural relevance. The student demonstrates an understanding of cultural, historical, and artistic diversity. The student is expected to:(A) compare and contrast the cultural significance as communicated through dance movement, identifying historical figures and their contributions to dance history;(B) evaluate movement characteristics of historical and cultural dance forms and the contributions of their artists;(C) perform a dance representing one's heritage or environment; and(D) create dances in various media and other content areas.(5) Critical evaluation and response. The student makes informed personal judgments about dance and the meaning and role of dance in society. The student is expected to:(A) design and apply criteria for evaluating the quality and effectiveness of dance performances while incorporating appropriate etiquette in the classroom and performances;(B) create relationships between dance and other content subjects;(C) compare and contrast the content and choreographic structures used by various American choreographers; and(D) interpret, evaluate, and justify artistic decisions of personal dance works.</content><note type="source"><p>Source Note: The provisions of this §117.207 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.208"><num value="117.208">§117.208</num><heading>Music, Middle School 1, Adopted 2013</heading><content>(a) General requirements. Students in Grades 6, 7, or 8 enrolled in the first year of music may select from the following courses: General Music 6, Middle School 1 Band, Middle School 1 Choir, Middle School 1 Orchestra, Middle School 1 Instrumental Ensemble, or Middle School 1 Vocal Ensemble.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sound. The student explores fundamental skills appropriate for a developing young musician. The student is expected to:(A) experience and explore exemplary musical examples using technology and available live performances;(B) describe tonal and rhythmic musical elements using standard terminology such as instrumentation, voicing, intervals, solfège, absolute note names, rhythmic values, and counting systems;(C) describe musical elements of rhythm, including whole notes, half notes, quarter notes, paired and single eighth notes, sixteenth notes, corresponding rests, and meter, including 2/4, 3/4, and 4/4, using standard terminology;(D) identify musical forms presented aurally and through music notation such as binary, ternary, phrasic, rondo, and theme and variations; and(E) explore health and wellness concepts related to musical practice such as body mechanics, hearing protection, vocal health, hydration, and appropriate hygienic practice.(2) Foundations: music literacy. The student reads and writes music notation using an established system for rhythm and melody. The student is expected to:(A) identify music symbols and terms referring to notation, including repeat sign; dynamics, including crescendo, decrescendo, piano, and forte; tempi, including accelerando, ritardando, moderato, and allegro; and articulations, including staccato and legato;(B) notate meter, rhythm, pitch, and dynamics using standard symbols in a handwritten or computer-generated format;(C) create rhythmic phrases using known rhythms and melodic phrases using known pitches at an appropriate level of difficulty within an established system of notation;(D) read music notation using appropriate cognitive and kinesthetic responses such as inner hearing, silent fingering, shadow bowing, or Curwen hand signs; and(E) sight read unison and homophonic music using the appropriate clef in a minimum of two keys and three meters, including 2/4, 3/4, and 4/4.(3) Creative expression. The student demonstrates musical artistry by singing or playing an instrument, alone and in groups, performing a variety of unison, homophonic, and polyphonic repertoire. The student makes music at an appropriate level of difficulty and performs in a variety of genres from notation and by memory. The student is expected to:(A) demonstrate, alone and in groups, characteristic vocal or instrumental timbre;(B) perform music alone and in groups, demonstrating appropriate physical fundamental techniques such as hand position, bowing, embouchure, articulation, and posture;(C) perform independently and expressively, with accurate intonation and rhythm, developing fundamental skills and appropriate solo, small ensemble, and large ensemble performance techniques;(D) perform independently and expressively a varied repertoire of music representing various styles and cultures;(E) sight-read independently and expressively, with accurate intonation and rhythm, demonstrating fundamental skills and appropriate solo, small ensemble, and large ensemble performance techniques in known keys and rhythms;(F) interpret music symbols and terms referring to keys; clefs; dynamics, including crescendo, decrescendo, piano, and forte; tempi, including accelerando and ritardando; and articulations, including staccato and legato, appropriately when performing; and(G) create rhythmic phrases using known rhythms and melodic phrases using known pitches at an appropriate level of difficulty.(4) Historical and cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) perform music representative of diverse cultures, including American and Texas heritage;(B) describe written and aurally presented music representative of diverse styles, periods, and cultures;(C) identify relationships of music concepts to other academic disciplines such as the relationship between music and mathematics, literature, history, and the sciences; and(D) describe music-related vocations and avocations.(5) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performance in both formal and informal settings. The student is expected to:(A) demonstrate appropriate concert and stage etiquette as an informed, actively involved listener and performer during live and recorded performances in a variety of settings;(B) identify criteria for listening to and evaluating musical performances;(C) describe processes and select the tools for self-evaluation and personal artistic improvement such as critical listening and individual and group performance recordings;(D) evaluate the quality and effectiveness of musical performances by comparing them to exemplary models; and(E) demonstrate appropriate cognitive and kinesthetic responses to music and musical performances.</content><note type="source"><p>Source Note: The provisions of this §117.208 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.209"><num value="117.209">§117.209</num><heading>Music, Middle School 2, Adopted 2013</heading><content>(a) General requirements. Students enrolled in the second year of music may select from the following courses: Middle School 2 Band, Middle School 2 Choir, Middle School 2 Orchestra, Middle School 2 Jazz Ensemble, Middle School 2 Instrumental Ensemble, or Middle School 2 Vocal Ensemble.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sound. The student explores fundamental skills appropriate for a developing young musician. The student is expected to:(A) compare and contrast exemplary musical examples using technology and available live performances;(B) demonstrate knowledge of tonal and rhythmic musical elements using standard terminology such as instrumentation, voicing, intervals, solfège, absolute note names, rhythmic values, and counting systems;(C) demonstrate knowledge of musical elements of rhythm, including whole notes, half notes, quarter notes, paired and single eighth notes, sixteenth notes, syncopated patterns, corresponding rests, and meter, including 2/4, 3/4, 4/4, and 6/8, using standard terminology;(D) interpret musical forms such as binary, ternary, phrasic, rondo, and theme and variations presented aurally and through music notation; and(E) describe health and wellness concepts related to musical practice such as body mechanics, hearing protection, vocal health, hydration, and appropriate hygienic practice.(2) Foundations: music literacy. The student reads and writes music notation using an established system for rhythm and melody. The student is expected to:(A) interpret music symbols and terms referring to notation, including fermata and coda; dynamics, including pianissimo to fortissimo; tempi, including andante, largo and adagio; and articulations, including accent, marcato, and previously known elements;(B) notate meter, rhythm, pitch, and dynamics using standard symbols in a handwritten or computer-generated format;(C) create increasingly complex rhythmic phrases, using known rhythms, and melodic phrases, using known pitches, within an established system of notation;(D) read music notation using appropriate cognitive and kinesthetic responses such as inner hearing, silent fingering, shadow bowing, or Curwen hand signs; and(E) sight-read unison, homophonic, and polyphonic music using the appropriate clef in a minimum of three keys and three meters, including 2/4, 3/4, and 4/4.(3) Creative expression. The student demonstrates musical artistry by singing or playing an instrument, alone and in groups, performing a variety of unison, homophonic, and polyphonic repertoire. The student makes music at an appropriate level of difficulty and performs in a variety of genres from notation and by memory. The student is expected to:(A) demonstrate, alone and in groups, characteristic vocal or instrumental timbre;(B) perform music, alone and in groups, demonstrating appropriate physical fundamental techniques such as hand position, bowing, embouchure, articulation, and posture;(C) perform independently and expressively, with accurate intonation and rhythm, demonstrating fundamental skills and appropriate solo, small ensemble, and large ensemble performance techniques;(D) perform independently and expressively a varied repertoire of music representing various styles and cultures;(E) sight-read independently and expressively, with accurate intonation and rhythm, demonstrating fundamental skills and appropriate solo, small ensemble, and large ensemble performance techniques in known keys and rhythms;(F) interpret music symbols and terms referring to previously known elements; notation, including fermata and coda; keys; clefs; dynamics, including pianissimo to fortissimo; tempi, including andante, largo, and adagio; and articulations, including accent and marcato, appropriately when performing; and(G) create increasingly complex rhythmic phrases using known rhythms and melodic phrases using known pitches at an appropriate level of difficulty.(4) Historical and cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) perform music such as "The Star-Spangled Banner" and "Texas, Our Texas" that is representative of diverse cultures, including American and Texas heritage;(B) examine written and aurally presented music representative of diverse genres, styles, periods, and cultures;(C) identify relationships of music content and processes to other academic disciplines such as the relationship between music and mathematics, literature, history, and the sciences; and(D) describe music-related vocations and avocations.(5) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performance in both formal and informal settings. The student is expected to:(A) demonstrate appropriate concert and stage etiquette as an informed, actively involved listener and performer during live and recorded performances in a variety of settings;(B) apply criteria for listening to and evaluating musical performances;(C) demonstrate processes and select the tools for self-evaluation and personal artistic improvement such as critical listening to individual and group performance recordings;(D) identify and apply criteria for evaluating personal performances;(E) evaluate the quality and effectiveness of musical performances by comparing them to exemplary models; and(F) demonstrate appropriate cognitive and kinesthetic responses to music and musical performances.</content><note type="source"><p>Source Note: The provisions of this §117.209 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.210"><num value="117.210">§117.210</num><heading>Music, Middle School 3, Adopted 2013</heading><content>(a) General requirements. Students enrolled in the third year of music may select from the following courses: Middle School 3 Band, Middle School 3 Choir, Middle School 3 Orchestra, Middle School 3 Jazz Ensemble, Middle School 3 Instrumental Ensemble, or Middle School 3 Vocal Ensemble.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sound. The student demonstrates fundamental skills appropriate for a developing young musician. The student is expected to:(A) compare and contrast exemplary musical examples using technology and available live performances;(B) demonstrate detailed knowledge of tonal and rhythmic musical elements using standard terminology such as instrumentation, voicing, intervals, solfège, absolute note names, rhythmic values, and counting systems;(C) demonstrate knowledge of musical elements of rhythm, including whole notes, half notes, quarter notes, paired and single eighth notes, sixteenth notes, syncopated patterns and corresponding rests, and varied meters, using standard terminology;(D) analyze musical forms presented aurally and through music notation such as binary, ternary, phrasic, rondo, and theme and variations; and(E) demonstrate health and wellness concepts related to musical practice such as hand positions, hearing protection, vocal health, hydration, and appropriate hygienic practice.(2) Foundations: music literacy. The student reads and writes music notation using an established system for rhythm and melody. The student is expected to:(A) analyze music symbols and terms referring to notation; dynamics; tempi, including largo to presto; articulations, including sforzando; and previously known elements;(B) notate meter, rhythm, pitch, and dynamics using standard symbols in a handwritten or computer-generated format;(C) create complex rhythmic phrases, using known rhythms, and complex melodic phrases, using known pitches, within an established system of notation;(D) read music notation using appropriate cognitive and kinesthetic responses such as inner hearing, silent fingering, shadow bowing, or Curwen hand signs; and(E) sight-read unison, homophonic, and polyphonic music using the appropriate clef in a variety of keys and meters.(3) Creative expression. The student demonstrates musical artistry by singing or playing an instrument, alone and in groups, performing a variety of unison, homophonic, and polyphonic repertoire. The student makes music at an appropriate level of difficulty and performs in a variety of genres from notation and by memory. The student is expected to:(A) model, alone and in groups, characteristic vocal or instrumental timbre;(B) perform music alone and in groups, demonstrating appropriate physical fundamental techniques such as hand position, bowing, embouchure, articulation, and posture;(C) perform independently and expressively, with accurate intonation and rhythm, demonstrating fundamental skills and appropriate solo, small ensemble, and large ensemble performance techniques;(D) perform independently and expressively a varied repertoire of music representing various styles and cultures;(E) sight-read independently and expressively, with accurate intonation and rhythm, demonstrating fundamental skills and appropriate solo, small ensemble, and large ensemble performance techniques in known keys and rhythms;(F) interpret a variety of music symbols and terms, incorporating appropriate stylistic qualities when performing, including sforzando, largo to presto, and previously known elements; and(G) create complex rhythmic phrases using known rhythms and complex melodic phrases using known pitches at an appropriate level of difficulty.(4) Historical and cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) perform music such as "The Star-Spangled Banner" and "Texas, Our Texas" that is representative of diverse cultures, including American and Texas heritage;(B) compare and contrast written and aurally presented music representative of diverse genres, styles, periods, and cultures;(C) compare and contrast relationships of music content and processes to other academic disciplines such as the relationship between music and mathematics, literature, history, sciences, and language; and(D) describe music-related vocations and avocations.(5) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performance in both formal and informal settings. The student is expected to:(A) model appropriate concert and stage etiquette as an informed, actively involved listener and performer during live and recorded performances in a variety of settings;(B) apply criteria for listening to and evaluating musical performances;(C) demonstrate processes and apply the tools for self-evaluation and personal artistic improvement such as critical listening to individual and group performance recordings;(D) apply criteria for listening to and evaluating personal performances;(E) evaluate the quality and effectiveness of musical performances by comparing them to exemplary models and offer constructive suggestions for improvement; and(F) demonstrate appropriate cognitive and kinesthetic responses to music and musical performances.</content><note type="source"><p>Source Note: The provisions of this §117.210 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.211"><num value="117.211">§117.211</num><heading>Theatre, Middle School 1, Adopted 2013</heading><content>(a) General requirements. When Theatre, Middle School 1 is part of a departmentalized middle school, students may select the following theatre course: Theatre, Middle School 1.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) develop characterization based on sensory and emotional recall;(B) expand body awareness and spatial perceptions using mime;(C) respond to sounds, music, images, and the written word, incorporating movement;(D) develop an understanding of the mechanisms of vocal production;(E) identify theatrical vocabulary and terminology, including basic anatomy of theatre spaces; and(F) identify the structure and form in examples of dramatic literature.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of the voice and body;(B) imagine and clearly describe characters, their relationships, and their surroundings;(C) select movements and dialogue to appropriately portray an imaginative character drawn from personal experience, cultural heritage, literature, and history;(D) dramatize literary selections and imitate life experiences through dramatic play;(E) express emotions and ideas using interpretive movements and dialogue; and(F) create environments, characters, and actions.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) create character, environment, action, and theme collaboratively through the safe use of props, costumes, and visual elements;(B) create suitable environments for dramatizations;(C) collaborate to plan brief dramatizations; and(D) use technology in theatrical applications such as live theatre, video, and film.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) demonstrate the role of theatre as a reflection of history, society, and culture through participation in dramatic activities; and(B) explore the influences of theatre, film, television, and electronic media such as key developments, figures, and works in society.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) identify and apply audience etiquette at all performances;(B) develop simple oral and written observations about the visual, aural, oral, and kinetic aspects of theatrical performances such as informal playmaking or formal theatre;(C) identify production elements of theatre, film, television, and other media; and(D) examine selected occupations in theatre such as director, stage manager, actor, designer, running crew, front of house, and educator.</content><note type="source"><p>Source Note: The provisions of this §117.211 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.212"><num value="117.212">§117.212</num><heading>Theatre, Middle School 2, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) explore characterization using sensory and emotional recall;(B) develop and apply theatre preparation and warm-up techniques;(C) create expressive and rhythmic movements;(D) develop an increased understanding of the mechanisms of vocal production;(E) demonstrate knowledge of theatrical vocabulary and terminology; and(F) analyze and evaluate the structure and form of dramatic literature.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of the voice and body;(B) define characters by what they do, what they say, and what others say about them;(C) select movements and dialogue to portray a character appropriately;(D) create stories collaboratively and individually that have dramatic structure;(E) apply knowledge of effective voice and diction techniques to express thoughts and feelings;(F) compare and contrast dramatic performances to life; and(G) create improvised scenes that include setting, character, and plot.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) determine specific technical elements to provide a safe setting and to support character and action in improvised and scripted scenes;(B) create theatrical elements such as scenery, properties, lighting, sound, costume, makeup, and publicity appropriate to specific performances;(C) define the role of the director; and(D) use technology in theatrical applications such as live theatre, video, and film.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) demonstrate knowledge of theatre as a reflection of life in particular times, places, and cultures;(B) explore the relevance and influence of theatre heritage and dramatic texts on the student's daily life; and(C) explore the roles of theatre, film, television, and electronic media such as key developments, figures, and works on American society.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) understand and demonstrate appropriate audience etiquette at various types of performances;(B) evaluate the effectiveness of selected film and television performances;(C) demonstrate knowledge of production elements in theatre, film, television, and other media; and(D) explore career and vocational opportunities in theatre.</content><note type="source"><p>Source Note: The provisions of this §117.212 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scB/s117.213"><num value="117.213">§117.213</num><heading>Theatre, Middle School 3, Adopted 2013</heading><content>(a) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) evaluate characterization using emotional and sensory recall;(B) explore preparation and warm-up techniques;(C) create expressive movement and mime to define space and characters;(D) demonstrate an increased understanding of the mechanisms of vocal production;(E) apply knowledge of theatrical vocabulary and terminology; and(F) explore and evaluate the structure and form of dramatic literature.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of the voice and body;(B) portray characters through familiar movements and dialogue;(C) create characters, dialogue, and actions that reflect dramatic structure in improvised and scripted scenes, individually and collaboratively; and(D) express thoughts and feelings using effective voice and diction.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) recognize and select specific technical elements to suggest environment, establish mood, and support character and actions for performance;(B) create theatrical elements such as scenery, properties, lighting, sound, costume, makeup, and publicity using the principles of design;(C) explore the director's role as a unifying force, problem solver, interpreter of script, and collaborator; and(D) use technology in theatrical applications such as live theatre, video, and film.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) demonstrate theatre as a reflection of life in particular times, places, and cultures through performance;(B) explore theatre heritage such as historical and cultural influences as it is preserved in dramatic text, traditions, and conventions; and(C) explore the roles of theatre, film, television, and electronic media such as key developments, figures, and works on American society.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) understand and demonstrate appropriate audience etiquette at various types of live performances;(B) develop a knowledge of the terminology and process of evaluation such as intent, structure, effectiveness, and value and apply this process to performances using appropriate theatre vocabulary;(C) demonstrate knowledge of production elements in theatre, film, television, and other media; and(D) explore career and vocational opportunities in theatre.</content><note type="source"><p>Source Note: The provisions of this §117.213 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c117/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.301"><num value="117.301">§117.301</num><heading>Implementation of Texas Essential Knowledge and Skills for Fine Arts, High School, Adopted 2013</heading><content>(a) The provisions of §§117.301-117.326 of this subchapter shall be implemented by school districts.(b) No later than August 31, 2014, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for fine arts as adopted in §§117.301-117.326 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§117.301-117.326 of this subchapter shall be implemented beginning with the 2015-2016 school year and apply to the 2015-2016 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§117.301-117.326 of this subchapter shall be implemented for the following school year.(e) Sections 117.51-117.67 of this chapter shall be superseded by the implementation of §§117.301-117.326 under this section.</content><note type="source"><p>Source Note: The provisions of this §117.301 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.302"><num value="117.302">§117.302</num><heading>Art, Level I (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following art courses: Art I, Art Appreciation, and Art and Media Communications I (one credit per course).(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating original artwork. The student is expected to:(A) consider concepts and ideas from direct observation, original sources, experiences, and imagination for original artwork;(B) identify and understand the elements of art, including line, shape, color, texture, form, space, and value, as the fundamentals of art in personal artwork;(C) identify and understand the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity, in personal artwork; and(D) make judgments about the expressive properties such as content, meaning, message, and metaphor of artwork using art vocabulary accurately.(2) Creative expression. The student communicates ideas through original artwork using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) use visual solutions to create original artwork by problem solving through direct observation, original sources, experiences, narrations, and imagination;(B) communicate a variety of applications for design solutions;(C) use an understanding of copyright and public domain to appropriate imagery constituting the main focal point of original artwork when working from images rather than direct observation or imagination;(D) create original artwork to communicate thoughts, feelings, ideas, or impressions;(E) collaborate to create original works of art; and(F) demonstrate effective use of art media and tools in drawing, painting, printmaking, sculpture, ceramics, fiber art, design, and digital art and media.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) compare and contrast historical and contemporary styles while identifying general themes and trends;(B) describe general characteristics in artwork from a variety of cultures, which might also include personal identity and heritage;(C) collaborate on community-based art projects; and(D) compare and contrast career and avocational opportunities in art.(4) Critical evaluation and response. The student responds to and analyzes the artworks of self and others, contributing to the development of the lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) interpret, evaluate, and justify artistic decisions in artwork by self, peers, and other artists such as that in museums, local galleries, art exhibits, and websites;(B) evaluate and analyze artwork using a verbal or written method of critique such as describing the artwork, analyzing the way it is organized, interpreting the artist's intention, and evaluating the success of the artwork;(C) construct a physical or electronic portfolio by evaluating and analyzing personal original artwork to provide evidence of learning; and(D) select and analyze original artwork, portfolios, and exhibitions to form precise conclusions about formal qualities, historical and cultural contexts, intentions, and meanings.</content><note type="source"><p>Source Note: The provisions of this §117.302 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.303"><num value="117.303">§117.303</num><heading>Art, Level II (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following art courses: Art II, Drawing I, Painting I, Printmaking I, Fibers I, Ceramics I, Sculpture I, Jewelry I, Photography I, Design I, Digital Art and Media I, and Art and Media Communications II (one credit per course). The prerequisite for each art course listed in this subsection is one credit of Art, Level I.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating original artworks. The student is expected to:(A) use visual comparisons to illustrate concepts and ideas from direct observation, original sources, experiences, narration, and imagination for original artworks;(B) identify and apply the elements of art, including line, shape, color, texture, form, space, and value, as the fundamentals of art in personal artworks;(C) identify and apply the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity in personal artworks; and(D) explore suitability of art media and processes to express specific ideas such as content, meaning, message, appropriation, and metaphor relating to visual themes of artworks using art vocabulary accurately.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) create original artwork using multiple solutions from direct observation, original sources, experiences, and imagination in order to expand personal themes that demonstrate artistic intent;(B) apply design skills in creating practical applications, clarifying presentations, and examining consumer choices in order to make successful design decisions;(C) use an understanding of copyright and public domain to appropriate imagery constituting the main focal point of original artwork when working from images rather than direct observation or imagination;(D) create original artwork to communicate thoughts, feelings, ideas, or impressions;(E) collaborate to create original works of art; and(F) select from a variety of art media and tools to communicate specific ideas in drawing, painting, printmaking, sculpture, ceramics, fiber art, jewelry, mixed media, photography, and digital art and media.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) examine selected historical periods or styles of art to identify general themes and trends;(B) analyze specific characteristics in artwork from a variety of cultures;(C) collaborate on community-based art projects; and(D) examine and research career, entrepreneurial, and avocational opportunities in art.(4) Critical evaluation and response. The student responds to and analyzes the artworks of self and others, contributing to the development of the lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) interpret, evaluate, and justify artistic decisions in artwork by self, peers, and other artists such as that in museums, local galleries, art exhibits, and websites;(B) evaluate and analyze artwork using a method of critique such as describing the artwork, analyzing the way it is organized, interpreting the artist's intention, and evaluating the success of the artwork;(C) use responses to artwork critiques to make decisions about future directions in personal work;(D) construct a physical or electronic portfolio by evaluating and analyzing personal original artworks to provide evidence of learning; and(E) select and analyze original artwork, portfolios, and exhibitions to form precise conclusions about formal qualities, historical and cultural contexts, intentions, and meanings.</content><note type="source"><p>Source Note: The provisions of this §117.303 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.304"><num value="117.304">§117.304</num><heading>Art, Level III (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following art courses: Art III, Drawing II, Painting II, Printmaking II, Fibers II, Ceramics II, Sculpture II, Jewelry II, Photography II, Design II, Digital Art and Media II, Advanced Placement (AP) Studio Art: Drawing Portfolio, AP Studio Art: Two-Dimensional Design Portfolio, AP Studio Art: Three-Dimensional Design Portfolio, AP Art History, International Baccalaureate (IB) Visual Arts I Standard Level (SL), or IB Visual Arts I Higher Level (HL) (one credit per course). There are no prerequisites for AP Art History and all IB courses. One credit in an Art, Level II course is a recommended prerequisite for AP Studio Art: Drawing Portfolio, AP Studio Art: Two-Dimensional Design Portfolio, and AP Studio Art: Three-Dimensional Design Portfolio. The prerequisite for all other Art, Level III courses is one credit of Art, Level II in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating original artwork. The student is expected to:(A) analyze visual characteristics of sources to illustrate concepts, demonstrate flexibility in solving problems, create multiple solutions, and think imaginatively;(B) compare and contrast the elements of art, including line, shape, color, texture, form, space, and value, as the fundamentals of art in personal artwork;(C) compare and contrast the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity, in personal artwork; and(D) explore the suitability of art media and processes and select those appropriate to express specific ideas such as content, meaning, message, and metaphor relating to visual themes to interpret the expressive qualities of artwork.(2) Creative expression. The student communicates ideas through original artwork using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) create original artwork using multiple solutions from direct observation, original sources, experiences, and imagination in order to expand personal themes that demonstrate artistic intent;(B) solve visual problems and develop multiple solutions for designing ideas, creating practical applications, clarifying presentations, and evaluating consumer choices in order to make successful design decisions;(C) use an understanding of copyright and public domain to appropriate imagery constituting the main focal point of original artwork when working from images rather than direct observation or imagination;(D) create original artwork to communicate thoughts, feelings, ideas, or impressions;(E) collaborate to create original works of art; and(F) select from a variety of art media and tools to express intent in drawing, painting, printmaking, sculpture, ceramics, fiber art, design, digital art and media, photography, jewelry, and mixed media.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) research selected historical periods, artists, general themes, trends, and styles of art;(B) distinguish the correlation between specific characteristics and influences of various cultures and contemporary artwork;(C) collaborate on community-based art projects; and(D) examine, research, and develop a plan of action for relevant career, entrepreneurial, and avocational art opportunities within a global economy.(4) Critical evaluation and response. The student responds to and analyzes the artworks of self and others, contributing to the development of the lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) interpret, evaluate, and justify artistic decisions in artwork such as that in museums, local galleries, art exhibits, and websites based on evaluation of developmental progress, competency in problem solving, and a variety of visual ideas;(B) evaluate and analyze artwork using a method of critique such as describing the artwork, analyzing the way it is organized, interpreting the artist's intention, and evaluating the success of the artwork;(C) analyze personal artwork in order to create a written response such as an artist's statement reflecting intent, inspiration, the elements of art and principles of design within the artwork, and measure of uniqueness;(D) use responses to artwork critiques to make decisions about future directions in personal work;(E) construct a physical or electronic portfolio by evaluating and analyzing personal original artwork to provide evidence of learning; and(F) select and analyze original artwork, portfolios, and exhibitions to demonstrate innovation and provide examples of in-depth exploration of qualities such as aesthetics; formal, historical, and cultural contexts; intentions; and meanings.</content><note type="source"><p>Source Note: The provisions of this §117.304 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.305"><num value="117.305">§117.305</num><heading>Art, Level IV (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following art courses: Art IV, Drawing III, Painting III, Printmaking III, Fibers III, Ceramics III, Sculpture III, Jewelry III, Photography III, Design III, Digital Art and Media III, Advanced Placement (AP) Studio Art: Drawing Portfolio, AP Studio Art: Two-Dimensional Design Portfolio, AP Studio Art: Three-Dimensional Design Portfolio, AP Art History, International Baccalaureate (IB) Visual Arts II Standard Level (SL), and IB Visual Arts II Higher Level (HL) (one credit per course). There are no prerequisites for AP Art History. The prerequisites for the IB courses listed in this subsection are the corresponding Art, Level II IB courses. One credit in an Art, Level II course is a recommended prerequisite for AP Studio Art: Drawing Portfolio, AP Studio Art: Two-Dimensional Design Portfolio, and AP Studio Art: Three-Dimensional Design Portfolio. The prerequisite for all other Art, Level IV courses is one credit of Art, Level III in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences as sources for thinking about, planning, and creating original artworks. Students communicate their thoughts and ideas with innovation and creativity. Through art, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: observation and perception. The student develops and expands visual literacy skills using critical thinking, imagination, and the senses to observe and explore the world by learning about, understanding, and applying the elements of art, principles of design, and expressive qualities. The student uses what the student sees, knows, and has experienced as sources for examining, understanding, and creating original artwork. The student is expected to:(A) consider concepts and themes for personal artwork that integrate an extensive range of visual observations, experiences, and imagination;(B) compare and contrast the elements of art, including line, shape, color, texture, form, space, and value, as the fundamentals of art in personal artwork;(C) compare and contrast the principles of design, including emphasis, repetition/pattern, movement/rhythm, contrast/variety, balance, proportion, and unity, in personal artwork; and(D) discriminate between art media and processes to express complex visual relationships such as content, meaning, message, and metaphor using extensive art vocabulary.(2) Creative expression. The student communicates ideas through original artworks using a variety of media with appropriate skills. The student expresses thoughts and ideas creatively while challenging the imagination, fostering reflective thinking, and developing disciplined effort and progressive problem-solving skills. The student is expected to:(A) produce an original body of artwork that integrates information from a variety of sources, including original sources, and demonstrates sustained self-directed investigations into specific themes such as a series or concentration of works;(B) evaluate and justify design ideas and concepts to create a body of personal artwork;(C) use an understanding of copyright and public domain to appropriate imagery constituting the main focal point of original artwork when working from images rather than direct observation or imagination;(D) create original artwork to communicate thoughts, feelings, ideas, or impressions;(E) collaborate to create original works of art; and(F) create artwork, singularly and in a series, by selecting from a variety of art materials and tools appropriate to course work in drawing, painting, printmaking, sculpture, ceramics, fiber art, design, digital art and media, photography, jewelry, and mixed media.(3) Historical and cultural relevance. The student demonstrates an understanding of art history and culture by analyzing artistic styles, historical periods, and a variety of cultures. The student develops global awareness and respect for the traditions and contributions of diverse cultures. The student is expected to:(A) research and report on selected historical periods, artists, general themes, trends, and styles of art;(B) analyze and evaluate the influence of contemporary cultures on artwork;(C) collaborate on community-based art projects; and(D) examine, research, and develop a plan of action for relevant career or entrepreneurial art opportunities within a global economy, justifying the choice.(4) Critical evaluation and response. The student responds to and analyzes the artworks of self and others, contributing to the development of the lifelong skills of making informed judgments and reasoned evaluations. The student is expected to:(A) develop evaluative criteria to justify artistic decisions in artwork such as that in museums, local galleries, art exhibits, and websites based on a high level of creativity and expertise in one or more art areas;(B) evaluate and analyze artwork using a method of critique such as describing the artwork, analyzing the way it is organized, interpreting the artist's intention, and evaluating the success of the artwork;(C) analyze personal artwork in order to create a written response such as an artist's statement reflecting intent, inspiration, the elements of art and principles of design within the artwork, and the measure of uniqueness;(D) use responses to artwork critiques to make decisions about future directions in personal work;(E) construct a physical or electronic portfolio by evaluating and analyzing personal original artwork to provide evidence of learning; and(F) evaluate a wide range of artwork to form conclusions about formal qualities, aesthetics, historical and cultural contexts, intents, and meanings.</content><note type="source"><p>Source Note: The provisions of this §117.305 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.306"><num value="117.306">§117.306</num><heading>Dance, Level I (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following dance courses: Principles of Dance I, Ballet I, Modern/Contemporary Dance I, Jazz I, Tap I, World Dance Forms I, Dance Composition/Improvisation I, Dance Theory I, Dance Performance/Ensemble I, Dance and Media Communication I, Dance Production I, and Dance Wellness I (one credit per course). The prerequisite for Dance and Media Communication I is Dance, Middle School 1, 2, or 3.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Dance students develop perceptual thinking and movement abilities in daily life, promoting an understanding of themselves and others. Students develop movement principles and technical skills and explore choreographic and performance qualities. Students develop self-discipline and healthy bodies that move expressively, efficiently, and safely through space and time with a sensitive kinesthetic awareness. Students recognize dance as a vehicle for understanding historical and cultural relevance, increasing an awareness of heritage and traditions of their own and others, and enabling them to participate in a diverse society. Evaluating and analyzing dance allows students to strengthen decision-making skills, develop critical and creative thinking, and develop artistic and creative processes. Students continue to explore technology and its application to dance and movement, enabling them to make informed decisions about dance.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: perception. The student develops an awareness of the body's movement using sensory information while dancing. The student is expected to:(A) define basic kinesthetic and spatial awareness individually and in groups;(B) identify a comprehensive understanding of health, safety, and wellness for dancers;(C) recognize knowledge of dance genres, styles, and vocabulary; and(D) identify images found in the environment through movement.(2) Creative expression: artistic process. The student develops knowledge and skills of dance elements, choreographic processes, and forms in a variety of dance genres and styles. The student is expected to:(A) explain basic principles of proper body alignment;(B) explore, improvise, and demonstrate original movement during the creative process;(C) express ideas and emotions through movement; and(D) create basic compositional forms using fundamental dance elements for choreographic processes.(3) Creative expression: performance. The student demonstrates knowledge and execution of technical dance skills in a variety of dance genres and styles through performing. The student is expected to:(A) perform memorized movement sequences with rhythmical accuracy in dance genres and styles such as ballet, modern dance, tap, jazz, musical theatre dance, and world dance forms;(B) identify the effective use of dance elements in practice and performance;(C) perform basic compositional forms using fundamental choreographic processes; and(D) understand the principles of an effective warm-up and cool-down, implementing elements of proper conditioning for performing skills.(4) Historical and cultural relevance. The student demonstrates an understanding of cultural, historical, and artistic diversity. The student is expected to:(A) perform the characteristics of dances from several diverse cultures or historical periods;(B) perform dance phrases or dances from several time periods with an understanding of historical and social contexts;(C) identify historical figures in dance history and their significance; and(D) identify dance in various media and content areas.(5) Critical evaluation and response. The student makes informed personal judgments about dance and the meaning and role of dance in society. The student is expected to:(A) incorporate appropriate movement vocabulary when identifying qualities and discussing meaning of performance or production in dance;(B) demonstrate appropriate audience behavior and etiquette in the classroom and at performances;(C) identify relationships between dance and other content areas; and(D) identify knowledge and skills of technology in dance.</content><note type="source"><p>Source Note: The provisions of this §117.306 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.307"><num value="117.307">§117.307</num><heading>Dance, Level II (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following dance courses: Principles of Dance II, Ballet II, Modern/Contemporary Dance II, Jazz II, Tap II, World Dance Forms II, Dance Composition/Improvisation II, Dance Theory II, Dance Performance/Ensemble II, Dance Production II, Dance Wellness II, and Dance and Media Communications II (one credit per course). The prerequisite for each Dance, Level II course is one credit of Dance, Level I in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Dance students develop perceptual thinking and movement abilities in daily life, promoting an understanding of themselves and others. Students develop movement principles and technical skills and explore choreographic and performance qualities. Students develop self-discipline and healthy bodies that move expressively, efficiently, and safely through space and time with a sensitive kinesthetic awareness. Students recognize dance as a vehicle for understanding historical and cultural relevance, increasing an awareness of heritage and traditions of their own and others, and enabling them to participate in a diverse society. Evaluating and analyzing dance allows students to strengthen decision-making skills, develop critical and creative thinking, and develop artistic and creative processes. Students will continue to explore technology and its application to dance and movement, enabling them to make informed decisions about dance.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: perception. The student develops an awareness of the body's movement using sensory information while dancing. The student is expected to:(A) demonstrate kinesthetic and spatial awareness individually and in groups;(B) expand a comprehensive understanding of health, safety, and wellness for dancers;(C) demonstrate effective knowledge of dance genres, styles, and vocabulary; and(D) interpret details in movement in natural and constructed environments.(2) Creative expression: artistic process. The student develops knowledge and skills of dance elements, choreographic processes, and forms in a variety of dance genres and styles. The student is expected to:(A) expand a comprehensive understanding of principles of proper body alignment;(B) explore, improvise, and perform original movement during the creative process;(C) expand the expression of ideas and emotions through movement; and(D) create enhanced compositional forms using fundamental dance elements for choreographic processes.(3) Creative expression: performance. The student demonstrates knowledge and execution of technical dance skills in a variety of dance genres and styles through performing. The student is expected to:(A) perform extended movement patterns with rhythmical accuracy in dance genres and styles such as ballet, modern dance, tap, jazz, musical theatre dance, and world dance forms;(B) demonstrate the elements of dance effectively;(C) perform enhanced compositional forms using sound choreographic processes; and(D) implement an effective warm-up and cool-down, implementing the elements of proper conditioning for performing skills.(4) Historical and cultural relevance. The student demonstrates an understanding of cultural, historical, and artistic diversity. The student is expected to:(A) analyze dances of various cultures or historical periods;(B) choreograph short dance phrases that exhibit an understanding of various historical periods and social contexts;(C) perform dances in various media and content areas; and(D) interpret historical and cultural dance forms using technology.(5) Critical evaluation and response. The student makes informed personal judgments about dance and the meaning and role of dance in society. The student is expected to:(A) identify characteristics of a variety of dances;(B) analyze qualities of performance and proper etiquette in dance;(C) identify similarities of form and expression in dance and other content areas; and(D) apply knowledge and skills of technology in dance.</content><note type="source"><p>Source Note: The provisions of this §117.307 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.308"><num value="117.308">§117.308</num><heading>Dance, Level III (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following dance courses: Principles of Dance III, Ballet III, Modern/Contemporary Dance III, Jazz III, Tap III, World Dance Forms III, Dance Composition/Improvisation III, Dance Theory III, Dance Performance/Ensemble III, Dance Production III, Dance Wellness III, Dance History I, and International Baccalaureate (IB) Dance I (one credit per course). The prerequisite for each Dance, Level III course is one credit of Dance, Level II in the corresponding discipline, excluding Dance History I and IB Dance I courses.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Dance students develop perceptual thinking and movement abilities in daily life, promoting an understanding of themselves and others. Students develop movement principles and technical skills and explore choreographic and performance qualities. Students develop self-discipline and healthy bodies that move expressively, efficiently, and safely through space and time with a sensitive kinesthetic awareness. Students recognize dance as a vehicle for understanding historical and cultural relevance, increasing an awareness of heritage and traditions of their own and others, and enabling them to participate in a diverse society. Evaluating and analyzing dance allows students to strengthen decision-making skills, develop critical and creative thinking, and develop artistic and creative processes. Students continue to explore technology and its application to dance and movement, enabling them to make informed decisions about dance.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: perception. The student develops an awareness of the body's movement using sensory information while dancing. The student is expected to:(A) analyze kinesthetic and spatial awareness individually and in groups;(B) distinguish a comprehensive understanding of health, safety, and wellness for dancers;(C) compare knowledge and skills of dance genres, styles, and vocabulary; and(D) differentiate designs and images in natural and constructed environments.(2) Creative expression: artistic process. The student develops knowledge and skills of dance elements, choreographic processes, and forms in a variety of dance genres and styles. The student is expected to:(A) create dance studies using original movement based on theme and variation;(B) experiment, improvise, and perform original movement during the creative process;(C) compare and contrast the expression of ideas and emotions through movement; and(D) differentiate compositional forms using intermediate dance elements for choreographic processes.(3) Creative expression: performance. The student demonstrates knowledge and execution of technical dance skills in a variety of dance genres and styles through performing. The student is expected to:(A) perform and examine memorized complex movement sequences with rhythmical accuracy in dance genres and styles such as ballet, modern dance, tap, jazz, musical theatre dance, and world dance forms;(B) execute a wide range of dynamics in quality movement;(C) perform with projection, confidence, and expression when executing dance movements; and(D) distinguish an effective warm-up and cool-down, implementing the elements of proper conditioning for performing skills.(4) Historical and cultural relevance. The student demonstrates an understanding of cultural, historical, and artistic diversity. The student is expected to:(A) compare similarities and differences in steps, styles, and traditions from various cultures or historical periods;(B) recognize and evaluate dances as they relate to various historical periods and social contexts;(C) create and experiment with dances in various media and content areas; and(D) research historical and cultural dance forms using technology.(5) Critical evaluation and response. The student makes informed personal judgments about dance and the meaning and role of dance in society. The student is expected to:(A) compare characteristics and qualities of a variety of dances;(B) analyze dance from a variety of perspectives such as those of dance critic, performer, choreographer, and audience member;(C) understand the relationship of dance performance skills and other content areas; and(D) experiment with knowledge and skills of technology through a dance portfolio.</content><note type="source"><p>Source Note: The provisions of this §117.308 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.309"><num value="117.309">§117.309</num><heading>Dance, Level IV (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following dance courses: Principles of Dance IV, Ballet IV, Modern/Contemporary Dance IV, Jazz IV, Tap IV, World Dance Forms IV, Dance Composition/Improvisation IV, Dance Theory IV, Dance Performance/Ensemble IV, Dance Production IV, Dance Wellness IV, Dance History II, and International Baccalaureate (IB) Dance II (one credit per course). The prerequisite for each Dance, Level IV course is one credit of Dance, Level III in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: perception; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Dance students develop perceptual thinking and movement abilities in daily life, promoting an understanding of themselves and others. Students develop movement principles and technical skills and explore choreographic and performance qualities. Students develop self-discipline and healthy bodies that move expressively, efficiently, and safely through space and time with a sensitive kinesthetic awareness. Students recognize dance as a vehicle for understanding historical and cultural relevance, increasing an awareness of heritage and traditions of their own and others, and enabling them to participate in a diverse society. Evaluating and analyzing dance allows students to strengthen decision-making skills, develop critical and creative thinking, and develop artistic and creative processes. Students continue to explore technology and its application to dance and movement, enabling them to make informed decisions about dance.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: perception. The student develops an awareness of the body's movement using sensory information while dancing. The student is expected to:(A) evaluate kinesthetic and spatial awareness individually and in groups;(B) develop a working knowledge of health, safety, and wellness for dancers;(C) demonstrate and evaluate a working knowledge and skills of dance genres, styles, and vocabulary; and(D) create designs and images found in natural and constructed environments.(2) Creative expression: artistic process. The student develops knowledge and skills of dance elements, choreographic processes, and forms in a variety of dance genres and styles. The student is expected to:(A) create and improvise dance studies using original movement based on theme and variation to successfully communicate an idea;(B) improvise, construct, and evaluate original movement studies;(C) evaluate the expression of ideas and emotions through movement; and(D) design compositional forms implementing advanced dance elements for choreographic processes.(3) Creative expression: performance. The student demonstrates knowledge and execution of technical dance skills in a variety of dance genres and styles through performing. The student is expected to:(A) assess performance of memorized complex movement sequences with rhythmical accuracy in dance genres and styles such as ballet, modern dance, tap, jazz, musical theatre dance, and world dance forms;(B) perform dance movements with a refined sense of musicality and expressiveness and a wide range of spatial qualities;(C) evaluate the performance of projection, confidence, and expression in the movement; and(D) design an effective warm-up and cool-down, implementing the elements of proper conditioning for performing skills.(4) Historical and cultural relevance. The student demonstrates an understanding of cultural, historical, and artistic diversity. The student is expected to:(A) evaluate choreography in dances from various cultures or historical periods;(B) research and create a project using technology to illustrate an understanding of significant dance events or historical figures in appropriate social, historical, and cultural contexts;(C) improvise and construct dances in various media and content areas; and(D) evaluate historical and cultural dance forms using technology.(5) Critical evaluation and response. The student makes informed personal judgments about dance and the meaning and role of dance in society. The student is expected to:(A) evaluate personal dance compositions and the work of others;(B) create and reconstruct a choreographic study using varied media and environments;(C) create a portfolio based on personal artistic works, performance works, or research; and(D) perform and evaluate a choreographic study using varied media and environments.</content><note type="source"><p>Source Note: The provisions of this §117.309 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.310"><num value="117.310">§117.310</num><heading>Music, Level I (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following music courses: Band I, Choir I, Orchestra I, Jazz Ensemble I, Jazz Improvisation I, Instrumental Ensemble I, Vocal Ensemble I, World Music Ensemble I, Applied Music I, Mariachi I, Piano I, Guitar I, and Harp I (one credit per course).(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sounds. The student develops organizational skills, engages in problem solving, and explores the properties and capabilities of various musical idioms. The student is expected to:(A) experience and explore exemplary musical examples using technology and available live performances;(B) identify and describe melodic and harmonic parts when listening to and performing music using a melodic reading system such as solfège, numbers, letter names, note names, or scale degrees;(C) define concepts of music notation, intervals, and chord structure using appropriate terminology;(D) define concepts of rhythm and meter using appropriate terminology and counting system;(E) explore elements of music such as rhythm, meter, melody, harmony, key, expression markings, texture, form, dynamics, and timbre through literature selected for performance; and(F) apply health and wellness concepts related to music practice such as body mechanics, hearing protection, vocal health, hydration, and appropriate hygienic practices.(2) Foundations: music literacy. The student reads and writes music notation using an appropriate notation system. The student is expected to:(A) read and notate music that incorporates rhythmic patterns in simple, compound, and asymmetric meters; and(B) interpret music symbols and expressive terms referring to dynamics, tempo, and articulation.(3) Creative expression. The student demonstrates musical artistry by singing or playing an instrument individually and in groups. The student performs music in a variety of genres at an appropriate level of difficulty. The student performs from notation and by memory as appropriate. The student develops cognitive and psychomotor skills. The student is expected to:(A) demonstrate mature, characteristic sound appropriate for the genre;(B) demonstrate psychomotor and kinesthetic skills such as appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques;(C) demonstrate rhythmic accuracy using appropriate tempo;(D) demonstrate observance of key signature and modalities;(E) demonstrate correct intonation, appropriate phrasing, and appropriate dynamics; and(F) create and notate or record original musical phrases.(4) Creative expression. The student sight reads, individually and in groups, by singing or playing an instrument. The student reads from notation at an appropriate level of difficulty in a variety of styles. The student is expected to:(A) demonstrate mature, characteristic sound appropriate for the genre while sight reading;(B) demonstrate psychomotor and kinesthetic skills such as use of appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques while sight reading;(C) demonstrate rhythmic accuracy while sight reading using a counting system within an appropriate tempo;(D) demonstrate observance of key signature and modalities while sight reading;(E) demonstrate use of a melodic reading system such as solfège, numbers, letter names, note names, or scale degrees while sight reading; and(F) demonstrate correct intonation, appropriate phrasing, and appropriate dynamics while sight reading.(5) Historical and cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) compare and contrast music by genre, style, culture, and historical period;(B) identify music-related vocations and avocations;(C) identify and describe the uses of music in societies and cultures;(D) identify and explore the relationship between music and other academic disciplines;(E) identify and explore the impact of technologies, ethical issues, and economic factors on music, performers, and performances; and(F) identify and explore tools for college and career preparation such as social media applications, repertoire lists, auditions, and interview techniques.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performance in both formal and informal settings. The student is expected to:(A) practice informed concert etiquette as a performer and as an audience member during live and recorded performances in a variety of settings;(B) design and apply criteria for making informed judgments regarding the quality and effectiveness of musical performances;(C) develop processes for self-evaluation and select tools for personal artistic improvement; and(D) evaluate musical performances by comparing them to exemplary models.</content><note type="source"><p>Source Note: The provisions of this §117.310 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.311"><num value="117.311">§117.311</num><heading>Music, Level II (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following music courses: Band II, Choir II, Orchestra II, Jazz Ensemble II, Jazz Improvisation II, Instrumental Ensemble II, Vocal Ensemble II, World Music Ensemble II, Applied Music II, Mariachi II, Piano II, Guitar II, and Harp II (one credit per course). The prerequisite for each Music, Level II course is one credit of Music, Level I in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sounds. The student develops organizational skills, engages in problem solving, and explores the properties and capabilities of various musical idioms. The student is expected to:(A) compare and contrast exemplary musical examples using technology and available live performances;(B) compare and contrast melodic and harmonic parts using a melodic reading system such as solfège, numbers, letter names, note names, or scale degrees;(C) compare and contrast concepts of music notation, intervals, and chord structure using appropriate terminology;(D) compare and contrast concepts of rhythm and meter using appropriate terminology and counting system;(E) compare and contrast musical forms such as song, binary, ternary, and rondo selected for performance and listening;(F) compare and contrast concepts of balance and blend using appropriate terminology;(G) compare and contrast concepts of music such as rhythm, meter, melody, harmony, key, expression markings, dynamics, and timbre; and(H) apply health and wellness concepts related to music practice such as body mechanics, hearing protection, vocal health, hydration, and appropriate hygienic practices.(2) Foundations: music literacy. The student reads and notates music using an appropriate notation system. The student is expected to:(A) read and notate music that incorporates rhythmic patterns in simple, compound, and asymmetric meters; and(B) interpret music symbols and expressive terms referring to dynamics, tempo, and articulation.(3) Creative expression. The student demonstrates musical artistry by singing or playing an instrument individually and in groups. The student performs music in a variety of genres at an increasing level of difficulty. The student performs from notation and by memory as appropriate. The student develops cognitive, affective, and psychomotor skills. The student is expected to:(A) demonstrate increasingly mature, characteristic sound appropriate for the genre;(B) refine and apply psychomotor and kinesthetic skills such as appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques;(C) demonstrate rhythmic accuracy using appropriate tempo;(D) demonstrate observance of key signatures and modalities;(E) demonstrate correct intonation, appropriate phrasing, and appropriate dynamics; and(F) create and notate or record original musical phrases at an appropriate level of difficulty.(4) Creative expression. The student sight reads, individually and in groups, by singing or playing an instrument. The student reads from notation at an increasing level of difficulty in a variety of styles. The student is expected to:(A) exhibit increasingly mature, characteristic sound appropriate for the genre while sight reading;(B) demonstrate, refine, and apply psychomotor and kinesthetic skills such as appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques while sight reading;(C) demonstrate correct articulation and rhythmic accuracy while sight reading using a counting system within an appropriate tempo;(D) demonstrate observance of multiple key signatures and changing modalities while sight reading;(E) demonstrate use of a melodic reading system such as solfège, numbers, letter names, note names, or scale degrees while sight reading;(F) demonstrate application of dynamics and phrasing while sight reading; and(G) demonstrate accurate intonation while sight reading using concepts such as vowel shapes, ensemble blend, and just intonation.(5) Historical and cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) compare and contrast music by genre, style, culture, and historical period;(B) define uses of music in societies and cultures;(C) identify and explore the relationships between music and other academic disciplines;(D) identify music-related vocations and avocations;(E) identify and explore the impact of technologies, ethical issues, and economic factors on music, musicians, and performances; and(F) identify and explore tools for college and career preparation such as personal performance recordings, social media applications, repertoire lists, auditions, and interview techniques.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performance in formal and informal settings. The student is expected to:(A) exhibit informed concert etiquette as a performer and as an audience member during live and recorded performances in a variety of settings;(B) design and apply criteria for making informed judgments regarding the quality and effectiveness of musical performances;(C) develop processes for self-evaluation and select tools for personal artistic improvement; and(D) evaluate musical performances by comparing them to exemplary models.</content><note type="source"><p>Source Note: The provisions of this §117.311 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.312"><num value="117.312">§117.312</num><heading>Music, Level III (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following music courses: Band III, Choir III, Orchestra III, Jazz Ensemble III, Jazz Improvisation III, Instrumental Ensemble III, Vocal Ensemble III, World Music Ensemble III, Applied Music III, Mariachi III, Piano III, Guitar III, Harp III, International Baccalaureate (IB) Music Standard Level (SL), or IB Music Higher Level (HL) (one credit per course). The recommended prerequisite for IB Music SL is one credit in music. The prerequisite for all other Music, Level III music courses is one credit of Music, Level II in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sounds. The student develops organizational skills, engages in problem solving, and explores the properties and capabilities of various musical idioms. The student is expected to:(A) evaluate exemplary musical examples using technology and available live performances;(B) explore musical textures such as monophony, homophony, and polyphony while using a melodic reading system;(C) compare and contrast concepts of music notation, intervals, and chord structure using appropriate terminology;(D) compare and contrast concepts of rhythm and meter using appropriate terminology and counting system;(E) compare and contrast musical forms such as song, binary, ternary, rondo, and sonata-allegro selected for performance and listening;(F) compare and contrast concepts of balance and blend using appropriate terminology;(G) compare and contrast musical styles and genres such as cantata, opera, zydeco, motet, hip-hop, symphony, anthem, march, beats, musical theatre, gospel jazz, and spirituals;(H) compare and contrast concepts of music such as rhythm, meter, melody, harmony, texture, key, expression markings, dynamics, and timbre using literature selected for performance; and(I) apply health and wellness concepts related to music practice such as body mechanics, hearing protection, vocal health, hydration, and appropriate hygienic practices.(2) Foundations: music literacy. The student reads and notates music using an appropriate notation system. The student is expected to:(A) read and notate music that incorporates melody and rhythm; and(B) interpret music symbols and expressive terms referring to style, dynamics, tempo, and articulation.(3) Creative expression. The student demonstrates musical artistry by singing or playing an instrument individually and in groups. The student performs music in a variety of genres at an increasing level of difficulty. The student performs from notation and by memory as appropriate. The student develops cognitive, affective, and psychomotor skills. The student is expected to:(A) demonstrate mature, characteristic sound appropriate for the genre;(B) refine and apply psychomotor and kinesthetic skills such as appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques;(C) demonstrate rhythmic accuracy using appropriate tempo;(D) demonstrate observance of key signatures and modalities;(E) demonstrate correct intonation, appropriate phrasing, and appropriate dynamics; and(F) create and notate or record original musical phrases at an appropriate level of difficulty.(4) Creative expression. The student sight reads, individually and in groups, by singing or playing an instrument. The student reads from notation at an increasing level of difficulty in a variety of styles. The student is expected to:(A) exhibit mature, characteristic sound appropriate for the genre while sight reading;(B) refine and apply psychomotor and kinesthetic skills such as appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques while sight reading;(C) demonstrate correct articulation and rhythmic accuracy while sight reading using a counting system within an appropriate tempo;(D) demonstrate observance of multiple key signatures and changing modalities while sight reading;(E) demonstrate use of a melodic reading system such as solfège, numbers, letter names, note names, or scale degrees while sight reading;(F) demonstrate application of dynamics and phrasing while sight reading; and(G) demonstrate accurate intonation while sight reading using concepts such as vowel shapes, ensemble blend, and just intonation.(5) Historical and cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) classify representative examples of music by genre, style, culture, and historical period;(B) explore the relevance of music to societies and cultures;(C) define the relationships between music content and concepts and other academic disciplines;(D) analyze music-related career options;(E) analyze and evaluate the impact of technologies, ethical issues, and economic factors on music, performers, and performances; and(F) generate tools for college and career preparation such as electronic portfolios, personal resource lists, performance recordings, social media applications, repertoire lists, auditions, and interview techniques.(6) Critical evaluation and response. The student responds to and evaluates written music and musical performance in formal and informal settings. The student is expected to:(A) exhibit informed concert etiquette as a performer and an audience member during live and recorded performances in a variety of settings;(B) create and apply specific criteria for evaluating performances of various musical styles;(C) create and apply specific criteria for offering constructive feedback using a variety of music performances;(D) develop processes for self-evaluation and select tools for personal artistic improvement such as critical listening and individual and group performance recordings; and(E) evaluate musical performances by comparing them to similar or exemplary models and offering constructive suggestions for improvement.</content><note type="source"><p>Source Note: The provisions of this §117.312 adopted to be effective July 28, 2013, 38 TexReg 4575; amended to be effective August 1, 2020, 45 TexReg 1708.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.313"><num value="117.313">§117.313</num><heading>Music, Level IV (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following music courses: Band IV, Choir IV, Orchestra IV, Jazz Ensemble IV, Jazz Improvisation IV, Instrumental Ensemble IV, Vocal Ensemble IV, World Music Ensemble IV, Applied Music IV, Mariachi IV, Piano IV, Guitar IV, Harp IV, International Baccalaureate (IB) Music Standard Level (SL), or IB Music Higher Level (HL) (one credit per course). The prerequisite for all Music, Level IV courses is one credit of Music, Level III in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to sing, play, read, write, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sounds. The student develops organizational skills, engages in problem solving, and explores the properties and capabilities of various musical idioms. The student is expected to:(A) evaluate exemplary musical examples using technology and available live performances;(B) analyze advanced musical textures while using a melodic reading system;(C) analyze concepts of music notation, intervals, and chord structure using appropriate terminology;(D) analyze concepts of rhythm and meter using appropriate terminology and counting system;(E) analyze musical forms in music selected for performance and listening;(F) analyze concepts of balance and blend using appropriate terminology;(G) analyze musical styles and genres such as cantata, opera, zydeco, motet, hip-hop, symphony, anthem, march, beats, musical theatre, gospel jazz, and spirituals;(H) analyze concepts of music such as rhythm, meter, melody, harmony, texture, key, expression markings, dynamics, and timbre using literature selected for performance; and(I) analyze and apply health and wellness concepts related to music practice such as body mechanics, repetitive motion injury prevention, first-aid training, hearing protection, vocal health, hydration, and appropriate hygienic practices.(2) Foundations: music literacy. The student reads and notates music using an appropriate notation system. The student is expected to:(A) read and notate music that incorporates advanced melodies and rhythms; and(B) interpret music symbols and expressive terms.(3) Creative expression. The student demonstrates musical artistry by singing or playing an instrument individually and in groups. The student performs music in a variety of genres at an increasing level of difficulty. The student performs from notation and by memory as appropriate. The student develops cognitive, affective, and psychomotor skills. The student is expected to:(A) demonstrate mature, characteristic sound appropriate for the genre;(B) analyze and apply psychomotor and kinesthetic skills such as appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques;(C) demonstrate rhythmic accuracy using complex patterns at an appropriate tempo;(D) demonstrate observance of key signatures and modalities;(E) demonstrate correct intonation, appropriate phrasing, and appropriate dynamics; and(F) create and notate or record original musical phrases at an increasing level of difficulty.(4) Creative expression. The student sight reads, individually and in groups, by singing or playing an instrument. The student reads from notation at an increasing level of difficulty in a variety of styles. The student is expected to:(A) exhibit mature, characteristic sound appropriate for the genre while sight reading;(B) refine and apply psychomotor and kinesthetic skills such as appropriate posture, breathing, text, diction, articulation, vibrato, bowings, fingerings, phrasing, independent manual dexterities, and percussion techniques while sight reading;(C) demonstrate correct articulation and rhythmic accuracy while sight reading using a counting system within an appropriate tempo;(D) demonstrate observance of multiple key signatures and changing modalities while sight reading;(E) demonstrate use of a melodic reading system such as solfège, numbers, letter names, note names, or scale degrees while sight reading;(F) demonstrate application of dynamics and phrasing while sight reading; and(G) demonstrate accurate intonation while sight reading using concepts such as vowel shapes, ensemble blend, and just intonation.(5) Historical cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) discriminate representative examples of music by genre, style, culture, and historical period;(B) evaluate the relevance of music to societies and cultures;(C) define the relationships between music content and concepts and other academic disciplines;(D) explain a variety of music and music-related career options;(E) analyze and evaluate the impact of technologies, ethical issues, and economic factors on music, performers, and performances; and(F) generate tools for college and career preparation such as curricula vitae, electronic portfolios, personal resource lists, performance recordings, social media applications, repertoire lists, and audition and interview techniques.(6) Critical evaluation and response. The student responds to and evaluates written music and musical performance in formal and informal settings. The student is expected to:(A) exhibit informed concert etiquette as a performer and an audience member during live and recorded performances in a variety of settings;(B) create and apply specific criteria for evaluating performances of various musical styles;(C) create and apply specific criteria for offering constructive feedback using a variety of musical performances;(D) develop processes for self-evaluation and select tools for personal artistic improvement; and(E) evaluate musical performances and compositions by comparing them to similar or exemplary models and offering constructive suggestions for improvement.</content><note type="source"><p>Source Note: The provisions of this §117.313 adopted to be effective July 28, 2013, 38 TexReg 4575; amended to be effective August 1, 2020, 45 TexReg 1708.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.314"><num value="117.314">§117.314</num><heading>Music Studies (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following music courses: Music Theory I-II; Music Appreciation I-II; Music Business I-II; Music Composition I-II; Music Production I-II; Music and Media Communications I-II; or College Board Advanced Placement (AP) Music Theory. There are no prerequisites for Music Study Level I courses. Students may take Music Studies with different course content for a maximum of three credits.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: music literacy; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. The foundation of music literacy is fostered through reading, writing, reproducing, and creating music, thus developing a student's intellect. Through creative expression, students apply their music literacy and the critical-thinking skills of music to read, write, create, and/or move. By experiencing musical periods and styles, students will understand the relevance of music to history, culture, and the world, including the relationship of music to other academic disciplines and the vocational possibilities offered. Through critical listening, students analyze, evaluate, and respond to music, developing criteria for making critical judgments and informed choices.(3) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: music literacy. The student describes and analyzes music and musical sounds. The student develops organizational skills, engages in problem solving, and explores the properties and capabilities of various musical idioms. The student is expected to:(A) experience and explore exemplary musical examples using technology and available live performances;(B) identify and describe melodic and harmonic parts when listening to and performing music using a melodic reading system such as solfège, numbers, letter names, note names, or scale degrees;(C) define concepts of music notation, intervals, and chord structure using appropriate terminology;(D) define concepts of rhythm and meter using appropriate terminology and counting system;(E) explore elements of music such as rhythm, meter, melody, harmony, key, expression markings, texture, form, dynamics, and timbre through literature selected for performance; and(F) apply health and wellness concepts related to music practice such as body mechanics, hearing protection, vocal health, hydration, and appropriate hygienic practices.(2) Foundations: music literacy. The student reads and notates music using an appropriate notation system. The student is expected to:(A) read notation systems or manipulate sounds as appropriate to the course of study;(B) read and notate or record and produce music that incorporates rhythmic patterns in simple, compound, and asymmetric meters as appropriate;(C) interpret music symbols and expressive terms referring to concepts such as dynamics, tempo, and articulation as appropriate;(D) demonstrate cognitive skills, including observance of key signature and modalities, while studying or producing music at an appropriate level of difficulty; and(E) demonstrate music-making skills such as appropriate use of technology in recording, notating, editing, manipulating, arranging, Standard Motion Picture Time Encryption (SMPT), and emergent technologies.(3) Creative expression. The student, individually and in groups, makes music of an appropriate level of difficulty in a variety of genres from notation, recording, or by memory as appropriate. The student is expected to:(A) demonstrate, create, or apply characteristic sounds appropriate for the genre;(B) create, examine, or perform a repertoire of music representing a variety of styles, including those from diverse cultures;(C) demonstrate understanding of correct articulation and rhythmic accuracy;(D) demonstrate understanding of correct dynamics and phrasing;(E) demonstrate understanding of correct intonation; and(F) exhibit and explain appropriate performance techniques for formal and informal concerts or recording sessions.(4) Creative expression. The student creates original music within specified guidelines. The student is expected to:(A) create original musical phrases; and(B) notate or record original musical phrases.(5) Historical and cultural relevance. The student relates music to history, culture, and the world. The student is expected to:(A) compare and contrast music by genre, style, culture, and historical period;(B) identify music-related vocations and avocations;(C) identify and describe the uses of music in societies and cultures;(D) identify and explore the relationship between music and other academic disciplines;(E) identify and explore the impact of technologies, ethical issues, and economic factors on music, musicians, and performances; and(F) identify and explore tools for college and career preparation such as social media applications, repertoire lists, and audition and interview techniques.(6) Critical evaluation and response. The student listens to, responds to, and evaluates music and musical performance in formal and informal settings. The student is expected to:(A) practice informed concert etiquette as a performer and an audience member during live and recorded performances in a variety of settings;(B) design and apply criteria for making informed judgments regarding the quality and effectiveness of musical performances;(C) develop processes for self-evaluation and select tools for personal artistic improvement such as critical listening and individual and group performance recordings; and(D) evaluate musical performances by comparing them to exemplary models.</content><note type="source"><p>Source Note: The provisions of this §117.314 adopted to be effective July 28, 2013, 38 TexReg 4575; amended to be effective August 1, 2020, 45 TexReg 1708.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.315"><num value="117.315">§117.315</num><heading>Theatre, Level I, Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following theatre courses: Theatre Arts I, Theatre and Media Communications I (one credit per course), and Theatre Production I (one-half to one credit).(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through diverse forms of storytelling and production, students will exercise and develop creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) understand the value and purpose of using listening, observation, concentration, cooperation, and emotional and sensory recall;(B) develop and practice theatre preparation and warm-up techniques;(C) develop and practice stage movement techniques such as mime, pantomime, stage combat, Laban, Lecoq, or Viewpoints consistently to express thoughts, feelings, and actions non-verbally;(D) develop and practice effective voice and diction to express thoughts and feelings;(E) analyze characters by describing attributes such as physical, intellectual, emotional, and social dimensions through reading scripts of published plays;(F) demonstrate a working knowledge of the language of theatre such as stage terminology, elements of theatre, or theatrical conventions;(G) analyze and describe the interdependence of all theatrical elements;(H) define the roles of and appreciate the collaborative relationships between all artistic partners such as playwrights, composers, directors, actors, designers, technicians, and audience;(I) identify and practice memorization skills;(J) identify the principles of improvisation; and(K) identify and recognize the importance of safe theatre practices.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) demonstrate safe use of the voice and body;(B) define creativity as it relates to personal expression;(C) employ effective voice and diction to express thoughts and feelings;(D) use physical, intellectual, emotional, and social awareness to portray believable characters and convey a story when applying acting concepts, skills, and techniques;(E) employ physical techniques consistently to express thoughts, feelings, and actions non-verbally; and(F) create, write, and refine original monologues, improvisations, scenes, or vignettes that reflect dramatic structure to convey meaning to the audience through live performance or media forms.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) develop and practice technical theatre skills;(B) apply technical knowledge and skills safely to create or operate theatrical elements such as scenery, properties, lighting, sound, costumes, makeup, current technology, or publicity;(C) perform a role such as actor, director, designer, technician, or editor in production decision making and collaborate with others in a production role to tell a story through live theatre or media performance; and(D) demonstrate responsibility, artistic discipline, and creative problem solving by concentrating in one or more areas of theatre production such as acting, technical theatre, or theatre management.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) portray theatre as a reflection of life in particular times, places, and cultures;(B) relate historical and cultural influences on theatre;(C) identify the impact of live theatre, film, television, and electronic media on contemporary society;(D) appreciate the cultural heritages of world drama and theatre and identify key figures, works, and trends in dramatic literature;(E) appreciate the multicultural heritage of United States drama and theatre and identify key figures, works, and trends in dramatic literature; and(F) identify and appreciate the innovations and contributions of the United States to the performing arts such as theatre, melodrama, musical theatre, radio, film, television, technology, or electronic media.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) analyze and apply appropriate behavior at various types of live performances;(B) recognize theatre as an art form and evaluate self as a creative being;(C) offer and receive constructive criticism of peer performances;(D) evaluate live theatre in written and oral form with precise and specific observations using appropriate evaluative theatre vocabulary such as intent, structure, effectiveness, and value;(E) evaluate film, television, or other media in written or oral form with precise and specific observations using appropriate evaluative theatre vocabulary such as intent, structure, effectiveness, and value;(F) explore career and avocational opportunities such as theatre education, arts administration, performance, design, management, and playwriting in theatre or media and evaluate the training, skills, self-discipline, and artistic discipline needed to pursue such opportunities;(G) use technology such as electronic portfolios, research projects, and journals to document and present information in a clear and coherent manner; and(H) connect theatre skills and experiences to higher education and careers outside of the theatre.</content><note type="source"><p>Source Note: The provisions of this §117.315 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.316"><num value="117.316">§117.316</num><heading>Theatre, Level II, Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following theatre courses: Theatre Arts II, Theatre and Media Communications II (one credit per course), and Theatre Production II (one-half to one credit). The prerequisite for each Theatre, Level II course is one credit of Theatre, Level I in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through diverse forms of storytelling and production, students will exercise and develop creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) develop and practice theatre warm-up techniques;(B) develop and practice stage movement techniques consistently to express thoughts, feelings, and actions non-verbally;(C) demonstrate effective voice and diction;(D) analyze dramatic structure and genre;(E) identify examples of theatrical conventions in theatre, film, television, and electronic media;(F) relate the interdependence of all theatrical elements; and(G) develop and practice memorization skills.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) model safe, appropriate techniques to allow for physical, vocal, and emotional expression;(B) explore creativity as it relates to self and ensemble;(C) demonstrate effective voice and diction to express thoughts and feelings;(D) apply physical, intellectual, emotional, and social interactions to portray believable characters and convey a story when applying acting concepts, skills, and techniques;(E) develop physical techniques consistently to express thoughts, feelings, and actions non-verbally; and(F) create, write, devise, and refine original monologues, improvisations, scenes, or vignettes to convey meaning to the audience through live performance or media forms.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) develop and practice safe and effective stagecraft skills;(B) read and analyze cultural, social, and political aspects of a script to determine technical elements;(C) analyze characters, themes, duties, and elements of a script to determine artistic roles and technical assignments;(D) perform a role such as actor, director, designer, technician, or editor in production decision making and collaborate with others to tell a story through live theatre or media performance; and(E) develop responsibility, artistic discipline, and creative problem solving by concentrating in one or more areas of theatre production such as acting, technical theatre, or theatre management.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) analyze historical and cultural influences on theatre;(B) analyze ways in which theatre, television, and film play a role in our daily lives and influence our values and behaviors;(C) analyze and evaluate the impact of live theatre, film, television, and electronic media in contemporary society;(D) research the influences of world drama and theatre and identify key figures, works, and trends in dramatic literature;(E) research the influences of the multicultural heritage of drama and theatre in the United States and identify key figures, works, and trends in dramatic literature; and(F) identify and appreciate the innovations and contributions of the United States to the performing arts such as theatre, melodrama, musical theatre, radio, film, television, technology, or electronic media.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) evaluate and apply appropriate audience etiquette at various types of performances;(B) analyze theatre as an art form and evaluate self as a creative being;(C) offer and receive constructive criticism of peer performances;(D) evaluate the treatment of artistic elements such as theme, character, setting, and action in theatre, musical theatre, dance, art, music, or other media and integrate more than one art form in informal presentations;(E) examine career and avocational opportunities such as theatre education, arts administration, performance, design, management, and playwriting in theatre or other media and evaluate the training, skills, self-discipline, and artistic discipline needed to pursue such opportunities;(F) use technology such as portfolios, research projects, and journals to document and present information in a clear and coherent manner; and(G) connect theatre skills and experiences to higher education and careers outside of the theatre.</content><note type="source"><p>Source Note: The provisions of this §117.316 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.317"><num value="117.317">§117.317</num><heading>Theatre, Level III, Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following theatre courses: Theatre III (one credit), Theatre Production III (one-half to one credit), Playwriting I, Directing I, International Baccalaureate (IB) Theatre, Standard Level (SL), and IB Theatre, Higher Level (HL) (one credit per course). The prerequisite for IB Theatre SL and IB Theatre HL is one credit of any Theatre, Level II course. The prerequisite for all other Theatre, Level III courses is one credit of Theatre, Level II in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through diverse forms of storytelling and production, students will exercise and develop creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) apply theatre preparation and warm-up techniques effectively;(B) experiment with stage movement;(C) distinguish the proper techniques such as diction, inflection, and projection in the use of voice;(D) analyze and evaluate dramatic structure and genre;(E) distinguish between the theatrical conventions of theatre, film, television, and other media;(F) evaluate the interdependence of all theatrical elements; and(G) develop and practice memorization skills.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) employ safe, appropriate techniques to allow for physical, vocal, and emotional expression;(B) analyze creativity as it relates to self and ensemble and its effect on audience;(C) analyze characters from various genres and styles, describing physical, intellectual, emotional, and social dimensions;(D) experiment with improvisation and scripted scenes of various styles to portray believable characters;(E) write dialogue that reveals character motivation, advances plot, provides exposition, and reveals theme; and(F) integrate two or more art or media forms in a performance.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) experiment with technical elements of theatre safely and effectively in improvisation or scripted scenes or plays;(B) analyze and evaluate dramatic texts as a basis for technical discussions, considering themes, settings, times, literary styles, genres, and characters;(C) cast and direct duet scenes;(D) perform a role such as actor, director, designer, technician, or editor in production decision making and collaborate with others to tell a story through live theatre or media performance; and(E) perform the role of actor, director, or technician, demonstrating responsibility, artistic discipline, and creative problem solving.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) evaluate historical and cultural influences on theatre;(B) analyze ways in which theatre, television, and film play a role in our daily lives and influence our values and behaviors;(C) employ and evaluate the impact of live theatre, film, television, and other media in contemporary society;(D) research the influences of world drama and theatre and identify key figures, works, and trends in dramatic literature;(E) research the influences of the multicultural heritage of drama and theatre in the United States and identify key figures, works, and trends in dramatic literature; and(F) identify and appreciate the innovations and contributions of the United States to the performing arts such as theatre, melodrama, musical theatre, radio, film, television, technology, or electronic media.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) compare behavior at various types of performances and practice appropriate audience etiquette;(B) recognize theatre as an art form and evaluate self as a creative being;(C) apply the concepts of evaluation to performances and evaluate theatre, film, television, and other media with depth and complexity using appropriate vocabulary;(D) compare communication methods of theatre with those of art, music, dance, and other media;(E) make judgments about selected career and avocational opportunities such as theatre education, arts administration, performance, design, management, and playwriting in theatre, film, television, and other media and analyze the training, skills, self-discipline, and artistic discipline needed to pursue such opportunities;(F) use technology such as portfolios, research projects, and journals to document and present information in a clear and coherent manner;(G) relate theatre skills and experiences to higher education and careers outside of the theatre; and(H) create a personal resume or portfolio of theatrical experience.</content><note type="source"><p>Source Note: The provisions of this §117.317 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.318"><num value="117.318">§117.318</num><heading>Theatre, Level IV, Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following theatre courses: Theatre Arts IV (one credit), Theatre Production IV (one-half to one credit), Playwriting II, Directing II, International Baccalaureate (IB) Theatre, Standard Level (SL), and IB Theatre, Higher Level (HL) (one credit per course). The prerequisite for IB Theatre SL and IB Theatre HL is one credit of any Theatre, Level III course. The prerequisite for all other Theatre, Level IV courses is one credit of Theatre, Level III in the corresponding discipline.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through diverse forms of storytelling and production, students will exercise and develop creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) create and demonstrate theatre preparation and warm-up techniques;(B) devise and model stage movement;(C) model proper techniques such as diction, inflection, and projection in the use of effective voice;(D) compare the structure of theatre to that of film, television, and other media;(E) evaluate theatrical conventions of various cultural and historical periods;(F) evaluate the interdependence of all theatrical elements; and(G) develop and model memorization skills.(2) Creative expression: performance. The student interprets characters using the voice and body expressively and creates dramatizations. The student is expected to:(A) model safe, appropriate techniques to allow for physical, vocal, and emotional expression;(B) demonstrate creativity as it relates to self and ensemble and its effect on audience;(C) analyze and interpret characters from various genres and styles, describing physical, intellectual, emotional, and social dimensions;(D) interpret scripted scenes of various styles to portray believable characters; and(E) create individually or devise collaboratively imaginative scripts and scenarios.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) experiment with the technical elements of theatre safely and effectively in improvisation or scripted scenes or plays;(B) analyze and evaluate dramatic texts and direct brief scenes;(C) demonstrate understanding of a director's responsibility to the author's intent, script, actors, designers, technicians, and audience;(D) analyze production plans that include research, rehearsal plans, technical designs, and blocking;(E) demonstrate leadership by casting and directing a long scene or a short play, producing a unified theatrical production; and(F) apply expertise in one or more areas of theatre production, demonstrating responsibility, artistic discipline, and creative problem solving.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) evaluate historical and cultural influences on theatre;(B) analyze ways in which theatre, television, and film play a role in our daily lives and influence our values and behaviors;(C) employ and evaluate the impact of live theatre, film, television, and other media in contemporary society;(D) research the influences of world drama and theatre and identify key figures, works, and trends in dramatic literature;(E) research the influences of the multicultural heritage of drama and theatre in the United States and identify key figures, works, and trends in dramatic literature; and(F) identify and appreciate the innovations and contributions of the United States to the performing arts such as theatre, melodrama, musical theatre, radio, film, television, technology or electronic media.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) evaluate and practice appropriate audience behavior at various types of performances;(B) defend theatre as an art form and value self as a creative being;(C) apply evaluation concepts to performances, and compare and contrast literary and dramatic criticism of theatre, film, television, or other media;(D) compare and contrast the elements and communication methods of theatre, film, music, art, dance, or other media in a specific culture or historical period;(E) evaluate selected career and avocational opportunities such as theatre education, arts administration, performance, design, management, playwriting, and dramatic criticism in theatre, film, television, and other media and analyze the training, skills, self-discipline, and artistic discipline needed to pursue such opportunities;(F) employ technology such as portfolios, research projects, and journals to communicate and present findings in a clear and coherent manner;(G) appraise personal theatre skills and experiences to opportunities in higher education and careers outside of the theatre; and(H) create a personal resume or portfolio of theatrical experience.</content><note type="source"><p>Source Note: The provisions of this §117.318 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.319"><num value="117.319">§117.319</num><heading>Musical Theatre, Level I (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing Musical Theatre, Level I (one credit). Prerequisite suggested in two of the following disciplines: theatre, dance, or music or by audition.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Musical Theatre will expose students to a wide range of on-stage performance disciplines, including acting performance, vocal performance, and dance performance. The course will also provide an atmosphere in which students benefit from a teaching and learning experience in these performance disciplines of musical theatre. Students will receive comprehensive and rigorous instruction so that they may make informed choices about the craft, college, and the profession. The course will enhance and cultivate the creative gifts of each student while encouraging a sense of self-confidence. The course will enable students to study and perform the varied styles of musical theatre with special attention to the principles of stage movement, stage vocal technique, stage choreography, acting, characterization, and other aspects of a musical production.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama, dance, music, and the conventions of musical theatre. The student is expected to:(A) develop and practice theatrical, dance, and vocal music preparation and warm-up techniques;(B) recognize stage movement, pantomime, and dance skills in various genres such as ballet, tap, jazz, ballroom, and Broadway;(C) identify acting techniques in song, dance, and spoken dialogue;(D) recognize the professional audition process;(E) compare the dramatic structure of musical theatre to musical film and musical television productions;(F) define and give examples of the language of musical theatre such as stage terminology, elements of musical theatre, or theatrical conventions; and(G) describe the interdependence of all theatrical elements.(2) Creative expression: performance. The student interprets characters through acting, singing, and dance using voice and body expressively and creates dramatizations called for in a musical script. The student is expected to:(A) identify appropriate safety measures in vocalization, dance movement, and theatrical movement;(B) define creativity as it relates to personal expression in musical theatre;(C) recognize characterization in musical theatre and scripts of various genres and styles;(D) identify proper voice usage and correct vocal production skills such as vocal placement, vocal phrasing, vocal tone production, and vocal consistency in a performance situation; and(E) interpret lyrics for characterization, vocalization, and dance.(3) Creative expression: production. The student applies design, directing, choreography, and musical theatre production concepts and skills. The student is expected to:(A) recognize safe and effective use of technical elements of musical theatre;(B) identify the responsibilities of the director, musical director, and choreographer to the composer and librettist's intent;(C) recognize musical production plans such as rehearsal plans, technical designs, blocking, choreography, and solo and ensemble musical numbers; and(D) perform a role and collaborate with others to tell a story through live musical theatre or media performance.(4) Historical and cultural relevance. The student relates musical theatre to history, society, and culture. The student is expected to:(A) study historical and cultural influences on musical theatre;(B) identify the historical development of musical theatre as a uniquely American art form;(C) identify historical and cultural developments in musical theatre;(D) identify the contemporary development of musical theatre as an international art form such as new composers and their composition styles, multicultural influences, practices and principles of contemporary musical theatre, advances in the creation of contemporary or popular musical theatre, and impact of musical theatre on the world's economic and performing arts scene;(E) appreciate musical theatre as a reflection of life in particular times, places, and cultures; and(F) recognize the influences of musical theatre forms such as theatre, television, and film on past and present society.(5) Critical evaluation and response. The student responds to and evaluates musical theatre performances. The student is expected to:(A) analyze and apply appropriate audience behavior at various types of performances;(B) recognize musical theatre as an art form and evaluate self as a creative being;(C) offer and receive constructive criticism of peer performances;(D) evaluate musical theatre in written and oral form with precise and specific observations on intent, structure, effectiveness, and value using appropriate evaluative theatre vocabulary;(E) explore career and avocational opportunities in musical theatre, musical film, and musical television, justifying choice(s) and analyze the training, skills, self-discipline, and artistic discipline needed for success;(F) connect musical theatre skills and experiences to higher education and careers outside of the theatre; and(G) recognize the value of presenting information in a clear and coherent manner using technology in a resume or portfolio format.</content><note type="source"><p>Source Note: The provisions of this §117.319 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.320"><num value="117.320">§117.320</num><heading>Musical Theatre, Level II (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing Musical Theatre, Level II (one credit). A suggested prerequisite is Musical Theatre, Level I or by audition.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Musical Theatre will expose students to a wide range of on-stage performance disciplines, including acting performance, vocal performance, and dance performance. The course will also provide an atmosphere in which students benefit from a teaching and learning experience in these performance disciplines of musical theatre. Students will receive comprehensive and rigorous instruction so that they may make informed choices about the craft, college, and the profession. The course will enhance and cultivate the creative gifts of each student while encouraging a sense of self-confidence. The course will enable students to study and perform the varied styles of musical theatre with special attention to the principles of stage movement, stage vocal technique, stage choreography, acting, characterization, and other aspects of a musical production.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama, dance, music, and the conventions of musical theatre. The student is expected to:(A) develop and practice theatrical, dance, and vocal music preparation and warm-up techniques;(B) develop stage movement, pantomime, and dance skills in various genres such as ballet, tap, jazz, ballroom, and Broadway;(C) develop acting techniques in song, dance, and spoken dialogue;(D) develop professional audition techniques such as musical selections, monologue performance, dance and movement, and the relationship between accompanist and performer;(E) analyze the dramatic structure of musical theatre;(F) employ the language of musical theatre such as stage terminology, elements of musical theatre, or theatrical conventions;(G) analyze a character from a libretto, describing physical, intellectual, emotional, and social dimensions; and(H) collaborate with all artistic partners such as playwrights, composers, directors, musical directors, choreographers, actors, designers, technicians, and audience.(2) Creative expression: performance. The student interprets characters through acting, singing, and dance using voice and body expressively and creates dramatizations called for in a musical script. The student is expected to:(A) apply appropriate safety measures in vocalization, dance movement, and theatrical movement;(B) explore creativity as it relates to self and ensemble in musical theatre;(C) analyze characterization in musical theatre styles;(D) apply proper voice usage and correct vocal production skills such as vocal placement, vocal phrasing, vocal tone production, and vocal consistency in a performance situation;(E) analyze lyrics for characterization, vocalization, and dance;(F) create and sustain believable characters through characterization, vocalization, and dance; and(G) compose material related to musical theatre such as monologues, scenes, lyrics, or choreography to convey meaning to the audience through live performance or other media forms.(3) Creative expression: production. The student applies design, directing, choreography, and musical theatre production concepts and skills. The student is expected to:(A) apply safe and effective use of technical elements of musical theatre;(B) analyze the responsibilities of the director, musical director, and choreographer to the composer and librettist's intent;(C) analyze musical production plans such as research, rehearsal plans, technical designs, blocking, choreography, and solo and ensemble musical numbers;(D) demonstrate responsibility and creative problem solving in one or more areas of musical theatre production such as acting, technical theatre, and theatre management; and(E) collaborate with others to perform a role such as actor, director, designer, technician, and editor in a musical theatre or musical media production.(4) Historical and cultural relevance. The student relates musical theatre to history, society, and culture. The student is expected to:(A) analyze historical and cultural influences on musical theatre;(B) investigate the historical development of musical theatre as a uniquely American art form;(C) investigate historical and cultural developments in musical theatre;(D) investigate the contemporary development of musical theatre such as new composers and their composition styles, multicultural influences, practices and principles of contemporary musical theatre, advances in the creation of contemporary or popular musical theatre, and impact of musical theatre on the world's economic and performing arts scene as an international art form;(E) depict musical theatre as a reflection of life in particular times, places, and cultures; and(F) relate the influences of musical theatre forms such as theatre, television, and film on past and present society.(5) Critical evaluation and response. The student responds to and evaluates musical theatre performances. The student is expected to:(A) evaluate and practice appropriate audience behavior at various types of performances;(B) describe musical theatre as an art form and evaluate self as a creative being;(C) appraise self and peer performance with constructive criticism;(D) evaluate musical theatre in written and oral form with precise and specific observations on intent, structure, effectiveness, and value using appropriate evaluative theatre vocabulary;(E) evaluate the interdependence of all musical theatre elements such as dramatic spoken text, vocalized text, dance, costuming, set design, lighting, and sound;(F) evaluate career and avocational opportunities in musical theatre, musical film, and musical television, justifying choice(s), and analyze the training, skills, self-discipline, and artistic discipline needed for success;(G) relate musical theatre skills and experiences to higher education and careers outside of the theatre; and(H) document and present information in a clear and coherent manner using technology in a resume or portfolio format.</content><note type="source"><p>Source Note: The provisions of this §117.320 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.321"><num value="117.321">§117.321</num><heading>Musical Theatre, Level III (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing Musical Theatre, Level III (one credit). A suggested prerequisite is Musical Theatre, Level II or by audition.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Musical Theatre will expose students to a wide range of on-stage performance disciplines, including acting performance, vocal performance, and dance performance. The course will also provide an atmosphere in which students benefit from a teaching and learning experience in these performance disciplines of musical theatre. Students will receive comprehensive and rigorous instruction so that they may make informed choices about the craft, college, and the profession. The course will enhance and cultivate the creative gifts of each student while encouraging a sense of self-confidence. The course will enable students to study and perform the varied styles of musical theatre with special attention to the principles of stage movement, stage vocal technique, stage choreography, acting, characterization, and other aspects of a musical production.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama, dance, music, and the conventions of musical theatre. The student is expected to:(A) create theatrical, dance, and vocal music preparation and warm-up techniques;(B) develop stage movement, pantomime, and dance skills in various genres such as ballet, tap, jazz, ballroom, and Broadway;(C) develop acting techniques in song, dance, and spoken dialogue;(D) model professional audition techniques such as musical selection, monologue performance, dance and movement, and the relationship between accompanist and performer;(E) analyze the dramatic structure of musical theatre;(F) perform a character from a musical incorporating physical, intellectual, and emotional dimensions;(G) collaborate effectively with all artistic partners in a musical theatre production; and(H) employ the language of musical theatre such as stage terminology, elements of musical theatre, or theatrical conventions.(2) Creative expression: performance. The student interprets characters through acting, singing, and dance using voice and body expressively and creates dramatizations called for in a musical script. The student is expected to:(A) apply appropriate safety measures in vocalization, dance movement, and theatrical movement;(B) appraise creativity as it relates to self and ensemble in musical theatre;(C) create and sustain believable characters through acting, singing, and dancing;(D) model proper voice usage and correct vocal production skills such as vocal placement, vocal phrasing, vocal tone production, and vocal consistency in a performance situation;(E) analyze lyrics of a song as a monologue, dialogue, or ensemble scene for interpretation, characterization, vocalization, and dance; and(F) collaborate to produce material related to musical theatre such as monologues, scenes, lyrics, or choreography to convey meaning to the audience through live performance or other media forms.(3) Creative expression: production. The student applies design, directing, choreography, and musical theatre production concepts and skills. The student is expected to:(A) model safe and effective use of technical elements of musical theatre;(B) create musical production plans such as rehearsal plans, technical designs, blocking, choreography, and solo and ensemble musical numbers;(C) demonstrate responsibility and creative problem solving as a leader in one or more areas of musical theatre or musical media production such as actor, director, choreographer, and musical director; and(D) collaborate with others to perform a role such as actor, director, choreographer, designer, technician, and editor in a musical theatre or musical media production.(4) Historical and cultural relevance. The student relates musical theatre to history, society, and culture. The student is expected to:(A) articulate historical and cultural influences and developments on musical theatre;(B) examine the historical development of musical theatre as a uniquely American art form;(C) experiment with contemporary forms of musical theatre such as new composers and their composition styles, multicultural styles, practices and principles of contemporary musical theatre, and popular musical theatre;(D) defend musical theatre as a reflection of life in particular times, places, and cultures; and(E) articulate the influences of musical theatre forms such as theatre, television, and film on past and present society.(5) Critical evaluation and response. The student responds to and evaluates musical theatre performances. The student is expected to:(A) model appropriate audience behavior at various types of performances;(B) defend musical theatre as a creative art form and evaluate self as a creative being;(C) evaluate the interdependence of all musical theatre elements such as dramatic spoken text, vocalized text, dance, costuming, set design, lighting, and sound;(D) evaluate self and peer performance using constructive criticism;(E) discuss musical theatre, musical film, or other musical media using precise musical theatre vocabulary;(F) experiment with a career opportunity in musical theatre, musical film, or other musical media and analyze the training, skills, self-discipline, and artistic discipline needed for personal success;(G) relate musical theatre skills and experiences to higher education and careers outside of the theatre; and(H) document and present information in a clear and coherent manner using technology in a resume or portfolio format.</content><note type="source"><p>Source Note: The provisions of this §117.321 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.322"><num value="117.322">§117.322</num><heading>Musical Theatre, Level IV (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing Musical Theatre, Level IV (one credit). A suggested prerequisite is Musical Theatre, Level III or by audition.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Musical Theatre will expose students to a wide range of on-stage performance disciplines, including acting performance, vocal performance, and dance performance. The course will also provide an atmosphere in which students benefit from a teaching and learning experience in these performance disciplines of musical theatre. Students will receive comprehensive and rigorous instruction so that they may make informed choices about the craft, college, and the profession. The course will enhance and cultivate the creative gifts of each student while encouraging a sense of self-confidence. The course will enable students to study and perform the varied styles of musical theatre with special attention to the principles of stage movement, stage vocal technique, stage choreography, acting, characterization, and other aspects of a musical production.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama, dance, music, and the conventions of musical theatre. The student is expected to:(A) create and lead theatrical, dance, and vocal music preparation and warm-up techniques;(B) arrange stage movement in a musical theatre performance;(C) choreograph various dance genres such as ballet, tap, jazz, ballroom, and Broadway in a musical theatre performance;(D) develop effective use of voice and diction in spoken dialogue to effectively express thoughts, feelings, and actions;(E) develop appropriate singing technique in vocalized solo and ensemble repertoire to effectively express thoughts, feelings, and actions;(F) model professional audition techniques such as musical selection, monologue performance, dance and movement, and the relationship between accompanist and performer;(G) perform a multi-dimensional character from a musical incorporating singing, dancing, and acting; and(H) collaborate effectively with all artistic partners in a musical theatre production.(2) Creative expression: performance. The student interprets characters through acting, singing, and dance using voice and body expressively and creates dramatizations called for in a musical script. The student is expected to:(A) model appropriate safety measures in vocalization, dance movement, and theatrical movement;(B) defend creativity as it relates to self and ensemble in musical theatre;(C) analyze characterization in musical theatre styles;(D) model proper voice usage and correct vocal production skills such as vocal placement, vocal phrasing, vocal tone production, and vocal consistency in a performance situation;(E) analyze lyrics of a song as a monologue, dialogue, or ensemble scene for interpretation, characterization, and physicalization;(F) create and sustain believable characters through acting, singing, and dancing; and(G) collaborate to produce material related to musical theatre such as monologues, scenes, lyrics, or choreography to convey meaning to the audience through live performance or other media forms.(3) Creative expression: production. The student applies design, directing, choreography, and musical theatre production concepts and skills. The student is expected to:(A) model safe and effective use of technical elements of musical theatre;(B) create musical production plans such as research, rehearsal plans, technical designs, blocking, choreography, and solo and ensemble musical numbers; and(C) cast and direct a musical theatre or musical media production.(4) Historical and cultural relevance. The student relates musical theatre to history, society, and culture. The student is expected to:(A) conduct concentrated studies on historical and cultural influences on and developments in musical theatre;(B) justify musical theatre as an original American art form;(C) depict musical theatre as a reflection of life in particular times, places, and cultures; and(D) defend the influences of musical theatre forms such as theatre, television, and film on past and present society.(5) Critical evaluation and response. The student responds to and evaluates musical theatre performances. The student is expected to:(A) evaluate and practice appropriate audience behavior at various types of performances;(B) defend musical theatre as a creative art form;(C) compare the nature of musical theatre elements to other musical media;(D) appraise self and peer performance using constructive criticism;(E) evaluate musical theatre, musical film, or other musical media using precise musical theatre vocabulary;(F) experiment with a career opportunity in musical theatre, musical film, or other musical media and analyze the training, skills, self-discipline, and artistic discipline needed for personal success;(G) relate musical theatre skills and experiences to higher education and careers outside of the theatre; and(H) document and present information in a clear and coherent manner using technology to build a resume or portfolio.</content><note type="source"><p>Source Note: The provisions of this §117.322 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.323"><num value="117.323">§117.323</num><heading>Technical Theatre, Level I (One Credit), Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing Technical Theatre, Level I.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through a variety of experiences with diverse forms of storytelling and production, Technical Theatre I will afford students the opportunity to develop and exercise creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) define standard vocabulary in costumes, lights, makeup, theatre management, properties, scenery, and sound;(B) recognize the technical elements of theatre such as types of stages, stage areas, fly systems, curtains, front of house, dressing rooms, and storage;(C) recognize theatre systems such as the production calendar, tech rehearsals, and production staff roles;(D) recognize safe theatre practices such as personal safety, fire safety, tool safety, shop safety, and handling emergencies in the theatre; and(E) read scripts and apply basic script analysis techniques to technical theatre elements.(2) Creative expression: performance. The student develops and demonstrates technical theatre skills through the pre-production processes from concept (script or original idea) to performance. The student is expected to:(A) recognize the function of technical elements in various theatrical styles and genres;(B) recognize the design process of analysis, research, incubation/selection, implementation, and evaluation to a theatrical product such as a rendering, model, and sketch;(C) identify the production team such as designers, director, crew members, playwright, and stage manager and their duties;(D) articulate the importance of collaboration and leadership skills;(E) define creativity as it relates to personal expression in technical theatre and design;(F) recognize communication methods between directors and designers such as prompt book, costume plot, light plot, makeup, theatre management, property list, design renderings, and models; and(G) apply the basic skills of measurement in construction.(3) Creative expression: production. The student applies design, directing, and theatre production concepts and skills. The student is expected to:(A) identify the safe use of tools and materials in scenery and property construction;(B) identify the safe use of lighting equipment such as instruments, dimmers, and controllers;(C) identify the safe use of the basic techniques of costume construction and make-up application;(D) identify the safe use of sound equipment; and(E) recognize the roles of theatre management such as house management and stage management.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) conduct research to establish historical and cultural accuracy in theatrical design;(B) identify the impact of live theatre, film, television, and electronic media on contemporary society;(C) understand the cultural heritage of world drama and theatre and identify key figures, works, and trends in dramatic literature; and(D) identify and understand the innovations and contributions of the United States to the performing arts such as theatre, melodrama, musical theatre, radio, film, television, technology, or electronic media.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) understand the use of resumes and portfolios in technical theatre;(B) recognize appropriate behavior at various types of live performances;(C) recognize the design and technical elements of theatre as an art form and evaluate self as a creative being;(D) evaluate live theatre in written and oral form with precise and specific observations of technical elements using appropriate vocabulary;(E) evaluate film, television, or other media in written or oral form with precise and specific observations of technical elements using appropriate vocabulary;(F) connect theatre skills and experiences to higher education and careers; and(G) use technology to communicate and present findings in a clear and coherent manner.</content><note type="source"><p>Source Note: The provisions of this §117.323 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.324"><num value="117.324">§117.324</num><heading>Technical Theatre, Level II, Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following theatre courses: Technical Theatre, Level II (one credit), Lighting and Sound (one-half to one credit), Stagecraft, Costume Construction (one-half to one credit), Makeup for the Theatre (one-half to one credit), Design for the Theatre (one-half to one credit), and Theatre Management (one-half to one credit). Technical Theatre, Level I is suggested as a prerequisite for Technical Theatre, Level II courses.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through a variety of experiences with technical theatre, Technical Theatre II will afford students the opportunity to continue to study and develop their knowledge of technical theatre arts on a more challenging level. Students explore and apply a myriad of technical theatre concepts and skills. Students will exercise and develop creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the world using elements of drama and conventions of theatre. The student is expected to:(A) demonstrate proper use of standard vocabulary in costumes, lights, makeup, theatre management, properties, scenery, and sound;(B) identify the technical elements of theatre such as types of stages, stage areas, fly systems, curtains, front of house, dressing rooms, and storage;(C) use established theatre systems such as the production calendar, tech rehearsals, and production staff roles;(D) use safe theatre practices such as personal safety, fire safety, tool safety, shop safety, and handling emergencies in the theatre; and(E) read and analyze scripts to determine technical theatre elements.(2) Creative expression: performance. The student develops and demonstrates technical theatre skills through the pre-production processes from concept (script or original idea) to performance. The student is expected to:(A) identify and use technical elements in various theatrical styles and genres;(B) apply the design process, including analysis, research, incubation/selection, implementation, and evaluation, to a theatrical product such as a rendering, model, and sketch;(C) recognize the principles of design, including lines, shape, mass, measure, position, color, and texture;(D) recognize the principles of composition, including unity, harmony, contrast, variation, balance, proportion, and emphasis;(E) recognize the elements of color in design such as color theory, the science of color and light, and the color palette;(F) demonstrate understanding of communication methods between directors and designers such as prompt book, costume plot, light plot, makeup, theatre management, property list, design renderings, and models; and(G) practice proper measurement and scale as applied to design or construction.(3) Creative expression: production. The student focuses on a specific area of technical theatre production concepts and skills. The student demonstrates an understanding of and skills in scenery, props, lighting, costumes and makeup, sound, or theatre management. The student is expected to:(A) identify and safely use technical theatre tools, equipment, and materials;(B) develop theatre production skills by:(i) building scenery such as two-dimensional flats and three-dimensional stairs;(ii) building or pulling and altering costumes using safe costume construction techniques;(iii) hanging and focusing lighting instruments and using dimmers and controllers;(iv) identifying electrical theory and practice as it applies to theatrical lighting;(v) recording, editing, or creating sound effects;(vi) identifying marketing products for theatrical productions;(vii) practicing stage management techniques such as build a promptbook, call cues, and record blocking;(viii) identifying and applying scenic painting techniques; or(ix) identifying and applying stage properties practices such as buy, borrow, build, and organize; and(C) read and interpret technical theatre documents such as light plots, costume plots, renderings, ground plans, and cue sheets.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) apply historical or cultural accuracy from research in theatrical design;(B) analyze the impact of live theatre, film, television, and electronic media on contemporary society;(C) analyze the cultural heritages of world drama and theatre and identify key figures, works, and trends in technical theatre;(D) explain the historical development, discoveries, and periods in theatre architecture and stage technology influences such as Latin American marionettes, Greek amphitheater, Asian Noh and Kabuki theatre, Italian Renaissance innovation, and Indian puppet theatre and their influences on modern theatre;(E) illustrate how technology has changed theatre such as how stage lighting has progressed from limelight to digital light;(F) understand the multicultural heritage of United States drama and theatre and identify key figures, works, and trends in technical theatre; and(G) identify and understand the innovations and contributions of the United States to the performing arts such as theatre, melodrama, musical theatre, radio, film, television, technology, or electronic media.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) compile materials to construct a resume and portfolio of works created in technical theatre;(B) analyze and apply appropriate behavior of technical staff at various types of live performances;(C) recognize the design and technical elements of theatre as an art form and evaluate self as a creative being;(D) offer and receive constructive criticism of designs or construction projects by peers and self;(E) evaluate live theatre in written and oral form with precise and specific observations of technical elements using appropriate vocabulary;(F) evaluate film, television, or other media in written or oral form with precise and specific observations of technical elements using appropriate vocabulary;(G) explore career and avocational opportunities in theatre, television, film, or industries such as design, construction, management, theatre education, and arts administration and evaluate the training, skills, self-discipline, and artistic discipline needed to pursue such opportunities;(H) connect theatre skills and experiences to higher education and careers outside of the theatre; and(I) use technology to communicate and present findings in a clear and coherent manner.</content><note type="source"><p>Source Note: The provisions of this §117.324 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.325"><num value="117.325">§117.325</num><heading>Technical Theatre, Level III, Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following technical theatre courses: Technical Theatre, Level III (one credit), Advanced Lighting and Sound (one-half to one credit), Advanced Stagecraft (one-half to one credit), Advanced Costume Construction (one-half to one credit), Makeup for the Theatre (one-half to one credit), Advanced Design for the Theatre (one-half to one credit), and Advanced Theatre Management (one-half to one credit). A Technical Theatre, Level II course is suggested as a prerequisite for Technical Theatre, Level III courses.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through a variety of experiences with technical theatre, Technical Theatre III will afford students the opportunity to continue to study and develop their knowledge of technical theatre arts on a more challenging level. Students explore and apply a myriad of technical theatre concepts and skills. Students will exercise and develop creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the world using elements of drama and conventions of theatre. The student is expected to:(A) demonstrate proper use of standard vocabulary in costumes, lights, makeup, theatre management, properties, scenery, and sound;(B) demonstrate a working knowledge of the technical elements of theatre such as types of stages, stage areas, fly systems, curtains, front of house, dressing rooms, and storage;(C) create and use established theatre systems such as the production calendar, tech rehearsals, and production staff roles;(D) use and model safe theatre practices such as personal safety, fire safety, tool safety, shop safety, and handling emergencies in the theatre; and(E) read scripts and apply basic script analysis techniques to technical theatre elements.(2) Creative expression: performance. The student develops and demonstrates technical theatre skills through the pre-production processes from concept (script or original idea) to performance. The student is expected to:(A) identify and use technical elements in various theatrical styles and genres;(B) apply the design process, including analysis, research, incubation/selection, implementation, and evaluation, to a theatrical product such as a rendering, model, or sketch;(C) apply the principles of design, including lines, shape, mass, measure, position, color, and texture;(D) apply the principles of composition, including unity, harmony, contrast, variation, balance, proportion, and emphasis;(E) apply the elements of color in design such as color theory, the science of color and light, and the color palette;(F) manage and work collaboratively with the production team such as designers, director, crew members, playwright, and stage manager;(G) defend the importance of collaboration and leadership skills;(H) develop creativity as it relates to personal expression in technical theatre and design;(I) interpret technical theatre documents used by directors and designers to communicate such as costume plot, light plot, makeup chart, prompt book, property list, design renderings, and models; and(J) practice the basics of measurement and scale applied to drafting, design, or construction.(3) Creative expression: production. The student focuses on a specific area of technical theatre production concepts and skills. The student demonstrates an understanding of and skills in scenery, props, lighting, costumes and makeup, sound, or theatre management. The student is expected to:(A) identify and safely use specialized tools and materials in technical theatre;(B) develop theatre production skills by:(i) demonstrating design and building techniques of scenery;(ii) designing and building or pulling and altering costumes;(iii) designing lighting and using electrical theory and practice as it applies to theatrical lighting;(iv) demonstrating an understanding of the physics of acoustics and sound through the design of sound;(v) designing marketing products for theatrical productions;(vi) demonstrating stage management techniques such as build a promptbook, call cues, and record blocking;(vii) implementing and refining scenic painting techniques; or(viii) designing stage properties;(C) identify various production roles in all technical areas such as designer, master carpenter, draper, cutter, and master electrician; and(D) create and interpret technical theatre documents such as light plots, costume plots, renderings, ground plans, and cue sheets.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) demonstrate a working knowledge of historical or cultural accuracy from research in theatrical design;(B) synthesize the impact of live theatre, film, television, and electronic media on contemporary society;(C) synthesize the cultural heritages of world drama and theatre and identify key figures, works, and trends in dramatic literature;(D) demonstrate a working knowledge of the historical development, discoveries, and periods in theatre architecture and stage technology such as Latin American marionettes, Greek amphitheater, Asian Noh and Kabuki theatre, Italian Renaissance innovation, and Indian puppet theatre and their influences on modern theatre;(E) illustrate how technology has changed theatre such as how stage lighting has progressed from limelight to digital light;(F) analyze the multicultural heritage of United States drama and theatre and identify key figures, works, and trends in dramatic literature; and(G) demonstrate a working knowledge of the innovations and contributions of the United States to the performing arts such as theatre, melodrama, musical theatre, radio, film, television, technology, or electronic media.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) construct a resume and portfolio of works created in technical theatre;(B) demonstrate appropriate behavior of technical staff at various types of live performances;(C) apply the design and technical elements of theatre as an art form and evaluate self as a creative being;(D) offer and receive constructive criticism of designs or construction projects by peers and self;(E) evaluate live theatre in written and oral form with precise and specific observations of technical elements using appropriate vocabulary;(F) evaluate film, television, or other media in written or oral form with precise and specific observations of technical elements using appropriate vocabulary;(G) articulate career and avocational opportunities in theatre, television, film, or industries such as design, construction, management, theatre education, and arts administration and evaluate the training, skills, self-discipline, and artistic discipline needed to pursue such opportunities;(H) articulate connections in theatre skills and experiences to higher education and careers outside of the theatre; and(I) use technology to communicate and present findings in a clear and coherent manner.</content><note type="source"><p>Source Note: The provisions of this §117.325 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.326"><num value="117.326">§117.326</num><heading>Technical Theatre, Level IV, Adopted 2013</heading><content>(a) General requirements. Students may fulfill fine arts and elective requirements for graduation by successfully completing one or more of the following technical theatre courses: Technical Theatre, Level IV, Advanced Lighting and Sound (one-half to one credit), Advanced Stagecraft (one-half to one credit), Advanced Costume Construction (one-half to one credit), Makeup for the Theatre (one-half to one credit), Advanced Design for the Theatre (one-half to one credit), and Advanced Theatre Management (one-half to one credit). A Technical Theatre, Level III course is suggested as a prerequisite for Technical Theatre, Level IV courses.(b) Introduction.(1) The fine arts incorporate the study of dance, music, theatre, and the visual arts to offer unique experiences and empower students to explore realities, relationships, and ideas. These disciplines engage and motivate all students through active learning, critical thinking, and innovative problem solving. The fine arts develop cognitive functioning and increase student academic achievement, higher-order thinking, communication, and collaboration skills, making the fine arts applicable to college readiness, career opportunities, workplace environments, social skills, and everyday life. Students develop aesthetic and cultural awareness through exploration, leading to creative expression. Creativity, encouraged through the study of the fine arts, is essential to nurture and develop the whole child.(2) Four basic strands--foundations: inquiry and understanding; creative expression; historical and cultural relevance; and critical evaluation and response--provide broad, unifying structures for organizing knowledge and skills students are expected to acquire. Through the foundations: inquiry and understanding strand, students develop a perception of self, human relationships, and the world using elements of drama and conventions of theatre. Through the creative expression strand, students communicate in a dramatic form, engage in artistic thinking, build positive self-concepts, relate interpersonally, and integrate knowledge with other content areas in a relevant manner. Through the historical and cultural relevance strand, students increase their understanding of heritage and traditions in theatre and the diversity of world cultures as expressed in theatre. Through the critical evaluation and response strand, students engage in inquiry and dialogue, accept constructive criticism, revise personal views to promote creative and critical thinking, and develop the ability to appreciate and evaluate live theatre.(3) Through a variety of experiences with technical theatre, Technical Theatre IV will afford students the opportunity to complete a more intense study of a specific area of technical theatre. Through more independent study and increased production responsibilities, study in Technical Theatre IV involves the application of expertise prepared for and acquired in previous theatre art studies. Students explore and apply a myriad of technical theatre concepts and skills. Students will exercise and develop creativity, intellectual curiosity, critical thinking, problem solving, and collaborative skills. Participation and evaluation in a variety of theatrical experiences will afford students opportunities to develop an understanding of self and their role in the world.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Foundations: inquiry and understanding. The student develops concepts about self, human relationships, and the environment using elements of drama and conventions of theatre. The student is expected to:(A) demonstrate proper and regular use of standard vocabulary in costumes, lights, makeup, theatre management, properties, scenery, and sound;(B) demonstrate a working knowledge of the technical elements of theatre such as types of stages, stage areas, fly systems, curtains, front of house, dressing rooms, and storage;(C) use and create established theatre systems such as the production calendar, tech rehearsals, and production staff roles;(D) use and model safe theatre practices such as personal safety, fire safety, tool safety, shop safety, and handling emergencies in the theatre; and(E) read scripts and apply basic script analysis techniques to technical theatre elements.(2) Creative expression: performance. The student develops and demonstrates technical theatre skills through the pre-production processes from concept (script or original idea) to performance. The student is expected to:(A) analyze technical elements in various theatrical styles and genres;(B) demonstrate creativity in the design of a theatrical product;(C) demonstrate leadership skills in an area of the production team;(D) model collaboration and leadership skills;(E) model creativity as it relates to personal expression in technical theatre and design; and(F) model communication methods between directors and designers such as prompt book, costume plot, light plot, makeup, theatre management, property list, design renderings, and models.(3) Creative expression: production. The student focuses on a specific area of technical theatre production concepts and skills. The student is expected to demonstrate an understanding of and skills in scenery, props, lighting, costumes and makeup, sound, or theatre management. The student is expected to:(A) model effective and safe use of tools and materials in scenery and property construction;(B) develop skills to supervise safe construction of scenery;(C) develop skills to supervise safe use of the basic techniques of costume construction and make-up application;(D) develop skills to supervise safe use of lighting equipment such as instruments, dimmers, and controllers;(E) develop skills to supervise safe use of sound equipment; and(F) demonstrate an understanding of management skills in a theatre production such as house manager, stage manager, marketing manager, or producer.(4) Historical and cultural relevance. The student relates theatre to history, society, and culture. The student is expected to:(A) defend historical or cultural accuracy in theatrical design;(B) articulate the impact of live theatre, film, television, and electronic media on contemporary society;(C) articulate the impact of cultural heritages of world drama and theatre and identify key figures, works, and trends in technical theatre;(D) articulate the impact of multicultural heritage of United States drama and theatre and identify key figures, works, and trends in technical theatre; and(E) predict future innovations and contributions of the United States to the performing arts.(5) Critical evaluation and response. The student responds to and evaluates theatre and theatrical performances. The student is expected to:(A) use a resume and portfolio of works created in technical theatre;(B) model appropriate behavior of technical staff at various types of live performances;(C) defend the design and technical elements of theatre as an art form and evaluate self as a creative being;(D) offer and receive constructive criticism of designs or construction projects by peers and self;(E) evaluate live theatre in written and oral form with precise and specific observations of technical elements using appropriate vocabulary;(F) evaluate film, television, or other media in written or oral form with precise and specific observations of technical elements using appropriate vocabulary;(G) articulate career and avocational opportunities in theatre, television, film, or industries such as design, construction, management, theatre education, and arts administration and evaluate the training, skills, self-discipline, and artistic discipline needed to pursue such opportunities;(H) articulate connections in theatre skills and experiences to higher education and careers outside of the theatre; and(I) use technology to communicate and present findings in a clear and coherent manner.</content><note type="source"><p>Source Note: The provisions of this §117.326 adopted to be effective July 28, 2013, 38 TexReg 4575.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.327"><num value="117.327">§117.327</num><heading>International Baccalaureate (IB) Film Standard Level (SL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Film SL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §117.327 adopted to be effective August 26, 2019, 44 TexReg 1315.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c117/scC/s117.328"><num value="117.328">§117.328</num><heading>International Baccalaureate (IB) Film Higher Level (HL) (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. This course is recommended for students in Grade 11 or 12.(b) Content requirements. Content requirements for IB Film HL are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §117.328 adopted to be effective August 26, 2019, 44 TexReg 1315.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c120"><num value="120">CHAPTER 120</num><heading>OTHER TEXAS ESSENTIAL KNOWLEDGE AND SKILLS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c120/scA"><num value="A">SUBCHAPTER A</num><heading>CHARACTER TRAITS</heading><section identifier="/us/state/tx/tac/t19/p2/c120/scA/s120.3"><num value="120.3">§120.3</num><heading>Texas Essential Knowledge and Skills for Positive Character Traits and Personal Skills, Kindergarten-Grade 2, Adopted 2020</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2021-2022 school year.(1) School districts and open-enrollment charter schools are required to provide instruction in the essential knowledge and skills for positive character traits and personal skills outlined in this subchapter at least once in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12.(2) School districts may provide the required instruction in a variety of arrangements, including through a stand-alone course or by integrating the positive character traits standards in the essential knowledge and skills for one or more courses or subject areas at the appropriate grade levels.(b) Introduction.(1) Character education introduces students to character traits and personal skills that empower them to be good citizens who are trustworthy, responsible, and caring. The character traits and personal skills reflect positive beliefs, attitudes, and mindsets; provide opportunities for self-reflection; and permit students to apply effective strategies to make decisions, solve problems, and behave responsibly.(2) The standards for positive character traits and personal skills are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits and personal skills.(A) Trustworthiness: honesty, integrity, loyalty, punctuality, and reliability.(B) Responsibility: accountability, diligence, perseverance, self-control, and self-management.(C) Caring: interpersonal skills, including charity, compassion, consideration, cooperation, empathy, generosity, kindness, and patience.(D) Good citizenship: having concern for the common good and the community; having respect for authority, law, justice, and the rights of others; being free from prejudice; having gratitude and school pride; being courteous, fair, and patriotic; and making responsible decisions.(3) Students are expected to develop an awareness of self-identity as well as recognize multiple perspectives, differences, diversity, biases, and the social and cultural context in which they live.(4) The knowledge and skills for positive character traits and personal skills are organized in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12. However, due to the complexity of the concepts, student expectations and knowledge and skills statements cannot be taught, discussed, or viewed in isolation.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Trustworthiness. The student understands how personal skills, choices, and actions relate to character building. The student is expected to:(A) describe how personal choices lead to personal actions;(B) explain what it means to be trustworthy; and(C) identify personal actions that build trustworthiness, including being honest and punctual.(2) Responsibility. The student understands the concept of responsibility and how personal actions and self-management skills demonstrate responsibility. The student is expected to:(A) describe and give examples of how feelings and beliefs influence personal actions;(B) describe how to make personal choices before speaking and acting;(C) define self-control and discuss effective self-management skills, including listening to others, managing one's emotions, and setting goals; and(D) identify instances in which self-management skills are important.(3) Caring. The student understands how personal actions and interpersonal skills demonstrate characteristics of caring. The student is expected to:(A) listen actively when sharing and cooperating with others;(B) define patience and identify actions that demonstrate patience; and(C) explain and identify examples of how actions can demonstrate kindness to others.(4) Good citizenship. The student understands how personal actions and responsible decision making can demonstrate good citizenship. The student is expected to:(A) define fairness and identify examples of fairness when making decisions in a variety of situations;(B) define and identify examples of school pride and patriotism;(C) explain what it means to demonstrate respect and courtesy and why it is important to demonstrate respect and courtesy to others; and(D) describe ways in which individuals demonstrate respect for authority and law.</content><note type="source"><p>Source Note: The provisions of this §120.3 adopted to be effective August 1, 2021, 45 TexReg 7423; amended to be effective June 14, 2022, 47 TexReg 3458.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c120/scA/s120.5"><num value="120.5">§120.5</num><heading>Texas Essential Knowledge and Skills for Positive Character Traits and Personal Skills, Grades 3-5, Adopted 2020</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2021-2022 school year.(1) School districts and open-enrollment charter schools are required to provide instruction in the essential knowledge and skills for positive character traits and personal skills outlined in this subchapter at least once in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12.(2) School districts may provide the required instruction in a variety of arrangements, including through a stand-alone course or by integrating the positive character traits standards in the essential knowledge and skills for one or more courses or subject areas at the appropriate grade levels.(b) Introduction.(1) Character education introduces students to character traits and personal skills that empower them to be good citizens who are trustworthy, responsible, and caring. The character traits and personal skills reflect positive beliefs, attitudes, and mindsets; provide opportunities for self-reflection; and permit students to apply effective strategies to make decisions, solve problems, and behave responsibly.(2) The standards for positive character traits and personal skills are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits and personal skills.(A) Trustworthiness: honesty, integrity, loyalty, punctuality, and reliability.(B) Responsibility: accountability, diligence, perseverance, self-control, and self-management.(C) Caring: interpersonal skills, including charity, compassion, consideration, cooperation, empathy, generosity, kindness, and patience.(D) Good citizenship: having concern for the common good and the community; having respect for authority, law, justice, and the rights of others; being free from prejudice; having gratitude and school pride; being courteous, fair, and patriotic; and making responsible decisions.(3) Students are expected to develop an awareness of self-identity as well as recognize multiple perspectives, differences, diversity, biases, and the social and cultural context in which they live.(4) The knowledge and skills for positive character traits and personal skills are organized in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12. However, due to the complexity of the concepts, student expectations and knowledge and skills statements cannot be taught, discussed, or viewed in isolation.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Trustworthiness. The student understands how personal skills, choices, and actions build trustworthiness. The student is expected to:(A) identify and define traits of trustworthiness, including reliability and loyalty;(B) identify and practice strategies for being honest and punctual; and(C) define and identify examples of unethical behavior.(2) Responsibility. The student understands how personal choices are associated with responsibility. The student is expected to:(A) explain what it means to be responsible for personal decisions and actions;(B) describe positive and negative consequences of personal decisions and actions;(C) identify and demonstrate effective self-management skills, including acting on feedback constructively and setting and working toward goals; and(D) describe the relationship between being responsible and being accountable.(3) Caring. The student understands how personal actions and interpersonal skills demonstrate characteristics of caring. The student is expected to:(A) describe how feelings impact decision making and behaviors;(B) identify and practice interpersonal skills, including showing consideration and compassion through listening, sharing, and cooperating with others; and(C) define empathy and discuss the connection between empathy and charity.(4) Good citizenship. The student understands that personal responsibility and responsible decision making are associated with good citizenship. The student is expected to:(A) describe the differences and similarities among gratitude, respect, and courtesy;(B) compare fairness and justice;(C) demonstrate responsibility and courage when making decisions for the common good of the classroom and community; and(D) discuss the importance of obeying laws and rules.</content><note type="source"><p>Source Note: The provisions of this §120.5 adopted to be effective August 1, 2021, 45 TexReg 7423; amended to be effective June 14, 2022, 47 TexReg 3458.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c120/scA/s120.7"><num value="120.7">§120.7</num><heading>Texas Essential Knowledge and Skills for Positive Character Traits and Personal Skills, Grades 6-8, Adopted 2020</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2021-2022 school year.(1) School districts and open-enrollment charter schools are required to provide instruction in the essential knowledge and skills for positive character traits and personal skills outlined in this subchapter at least once in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12.(2) School districts may provide the required instruction in a variety of arrangements, including through a stand-alone course or by integrating the positive character traits standards in the essential knowledge and skills for one or more courses or subject areas at the appropriate grade levels.(b) Introduction.(1) Character education introduces students to character traits and personal skills that empower them to be good citizens who are trustworthy, responsible, and caring. The character traits and personal skills reflect positive beliefs, attitudes, and mindsets; provide opportunities for self-reflection; and permit students to apply effective strategies to make decisions, solve problems, and behave responsibly.(2) The standards for positive character traits and personal skills are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits and personal skills.(A) Trustworthiness: honesty, integrity, loyalty, punctuality, and reliability.(B) Responsibility: accountability, diligence, perseverance, self-control, and self-management.(C) Caring: interpersonal skills, including charity, compassion, consideration, cooperation, empathy, generosity, kindness, and patience.(D) Good citizenship: having concern for the common good and the community; having respect for authority, law, justice, and the rights of others; being free from prejudice; having gratitude and school pride; being courteous, fair, and patriotic; and making responsible decisions.(3) Students are expected to develop an awareness of self-identity as well as recognize multiple perspectives, differences, diversity, biases, and the social and cultural context in which they live.(4) The knowledge and skills for positive character traits and personal skills are organized in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12. However, due to the complexity of the concepts, student expectations and knowledge and skills statements cannot be taught, discussed, or viewed in isolation.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Trustworthiness. The student understands how personal skills, choices, and actions build trustworthiness. The student is expected to:(A) describe what it means to be reliable and loyal;(B) define and give examples of honesty and integrity;(C) examine the benefits of being trustworthy; and(D) describe personal actions that demonstrate trustworthiness at school, home, with peers, and within the community.(2) Responsibility. The student understands how personal beliefs and feelings and self-management skills influence one's sense of responsibility. The student is expected to:(A) examine how personal beliefs, thoughts, and feelings about self can build responsibility;(B) identify and describe personal role models who demonstrate what it means to be accountable for words and actions;(C) discuss the benefits of practicing self-management skills; and(D) compare the benefits of responsible behavior with the consequences of irresponsible behavior.(3) Caring. The student understands how interpersonal skills and characteristics of caring impact personal relationships. The student is expected to:(A) evaluate one's personal attitudes and mindsets about self and others;(B) discuss how feelings, decision making, personal behaviors, and interpersonal skills can influence relationships with others; and(C) explain and identify examples of how a person can demonstrate empathy through kindness, charity, generosity, and courtesy.(4) Good citizenship. The student understands how responsible decision making and good citizenship impact personal relationships. The student is expected to:(A) differentiate between personal responsibility and responsible decision making and give examples of each;(B) explain how one's personal actions can impact the perception of others; and(C) identify and practice a variety of conflict-resolution skills and strategies.</content><note type="source"><p>Source Note: The provisions of this §120.7 adopted to be effective August 1, 2021, 45 TexReg 7423; amended to be effective June 14, 2022, 47 TexReg 3458.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c120/scA/s120.9"><num value="120.9">§120.9</num><heading>Texas Essential Knowledge and Skills for Positive Character Traits and Personal Skills, Grades 9-12, Adopted 2020</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2021-2022 school year.(1) School districts and open-enrollment charter schools are required to provide instruction in the essential knowledge and skills for positive character traits and personal skills outlined in this subchapter at least once in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12.(2) School districts may provide the required instruction in a variety of arrangements, including through a stand-alone course or by integrating the positive character traits standards in the essential knowledge and skills for one or more courses or subject areas at the appropriate grade levels.(b) Introduction.(1) Character education introduces students to character traits and personal skills that empower them to be good citizens who are trustworthy, responsible, and caring. The character traits and personal skills reflect positive beliefs, attitudes, and mindsets; provide opportunities for self-reflection; and permit students to apply effective strategies to make decisions, solve problems, and behave responsibly.(2) The standards for positive character traits and personal skills are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits and personal skills.(A) Trustworthiness: honesty, integrity, loyalty, punctuality, and reliability.(B) Responsibility: accountability, diligence, perseverance, self-control, and self-management.(C) Caring: interpersonal skills, including charity, compassion, consideration, cooperation, empathy, generosity, kindness, and patience.(D) Good citizenship: having concern for the common good and the community; having respect for authority, law, justice, and the rights of others; being free from prejudice; having gratitude and school pride; being courteous, fair, and patriotic; and making responsible decisions.(3) Students are expected to develop an awareness of self-identity as well as recognize multiple perspectives, differences, diversity, biases, and the social and cultural context in which they live.(4) The knowledge and skills for positive character traits and personal skills are organized in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12. However, due to the complexity of the concepts, student expectations and knowledge and skills statements cannot be taught, discussed, or viewed in isolation.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Trustworthiness. The student understands how trustworthiness is viewed in society, politics, and the local and global community. The student is expected to:(A) examine how the power to make decisions relates to personal actions;(B) analyze how the decisions and actions of leaders in society, government, and the local and global community demonstrate loyalty and integrity; and(C) examine the legal and social consequences of unethical behavior.(2) Responsibility. The student understands how leaders demonstrate responsibility in relationships, families, societies, politics, and the global community. The student is expected to:(A) identify and describe personal role models who demonstrate what it means to be accountable for words and actions;(B) identify and discuss real-world examples of taking personal responsibility for one's words and actions;(C) identify and evaluate strategies for practicing self-management skills in a variety of situations; and(D) differentiate between and give examples of diligence and perseverance and identify strategies for demonstrating perseverance.(3) Caring. The student understands how interpersonal skills and characteristics of caring influence society and impact the global community. The student is expected to:(A) evaluate one's personal attitudes and mindsets about self and others;(B) discuss how feelings, decision making, personal behaviors, and interpersonal skills can impact professional and social relationships; and(C) identify strategies for how a person can show empathy through one's actions.(4) Good citizenship. The student understands how responsible decision making and good citizenship influence one's personal view of society and the local and global community. The student is expected to:(A) explain the impact of personal actions and responsible decision making on the family, school, and local and global community;(B) describe how justice, fairness, and freedom are related;(C) apply conflict resolution skills; and(D) participate in constructive dialogues with those of differing viewpoints.</content><note type="source"><p>Source Note: The provisions of this §120.9 adopted to be effective August 1, 2021, 45 TexReg 7423; amended to be effective June 14, 2022, 47 TexReg 3458.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c120/scB"><num value="B">SUBCHAPTER B</num><heading>ENGLISH LANGUAGE PROFICIENCY STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p2/c120/scB/s120.20"><num value="120.20">§120.20</num><heading>English Language Proficiency Standards, Kindergarten-Grade 3, Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(b) General requirements. In fulfilling the requirements of this section, school districts and charter schools shall:(1) identify the student's English language proficiency levels in the domains of listening, speaking, reading, and writing in accordance with the proficiency level descriptors for the pre-production, beginning, intermediate, high intermediate, and advanced levels delineated in subsection (e) of this section;(2) provide instruction in the knowledge and skills of the foundation and enrichment curriculum in a manner that is linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's levels of English language proficiency to ensure that the student learns the knowledge and skills in the required curriculum;(3) provide content-based instruction, including the cross-curricular second language acquisition essential knowledge and skills in subsection (d) of this section, in a manner that is linguistically accommodated to help the student acquire English language proficiency; and(4) provide intensive and ongoing foundational second language acquisition instruction to emergent bilingual (EB) students in Kindergarten-Grade 12 who are at the pre-production, beginning, or intermediate level of English language proficiency in listening, speaking, reading, or writing as determined by the state's English language proficiency assessment system. These EB students require focused, targeted, and systematic second language acquisition instruction to provide them with the foundation of English language necessary to support content-based instruction and accelerated learning of English. (c) Introduction.(1) The English language proficiency standards (ELPS) outline student expectations and proficiency level descriptors for EB students in English. The ELPS are organized across four language domains: listening, speaking, reading, and writing.(2) Language acquisition is a complex process that consists of several interrelated components, including phonetics, phonology, semantics, syntax, morphology, and pragmatics. As students develop proficiency in these language structures, they are able to make connections between their primary language and English.(3) Classroom contexts foster social and academic registers, which are types of language appropriate for a situation or setting, to support language proficiency. Informal (social) language consists of English needed for students to effectively interact, exchange ideas, and engage in various settings and contexts. Formal (academic) language consists of oral and written language used to build knowledge, participate in content-specific discourse, and process complex academic material found in formal school settings and interactions.(4) The progression of skills in the four language domains are developed simultaneously and can be divided into two categories: receptive skills and expressive skills. Listening and reading are the receptive (input) skills. Students' development in receptive skills is necessary for comprehension and attainment of the English language and content. Speaking and writing are the expressive (output) skills. Students' ability to express and share their personal ideas and content knowledge allow teachers the opportunity to check for understanding and adjust instruction. Effective content-based language instruction involves engaging EB students in scaffolded opportunities to listen, speak, read, and write at their current levels of proficiency while gradually increasing linguistic complexity.(5) In order for EB students to be successful, educators must create an environment that welcomes and encourages students to leverage their unique cultural and linguistic experiences as they develop English language skills and learn academic content. Educators must cultivate an approach that integrates students' and their families' funds of knowledge into the classroom instructional practices. Culturally and linguistically sustaining practices leverage and celebrate students' cultural heritage and backgrounds while elevating their cultural and linguistic identities. Teaching and learning cognates that connect both (or multiple) languages can also construct bridges between languages and increase confidence as English language acquisition progresses.(6) The ELPS student expectations are the knowledge and skills students must demonstrate. They indicate what students should know and be able to do in order to meet academic content standards. Proficiency level descriptors describe behaviors EB students exhibit across five proficiency levels as they acquire English. EB students may exhibit different proficiency levels within and across the domains of listening, speaking, reading, and writing.(7) The ELPS demonstrate an asset-based approach to address the affective, linguistic, and cognitive needs of EB students in accordance with §89.1210(b) of this title (relating to Program Content and Design) as follows:(A) acknowledge and leverage the existing funds of knowledge students possess, including linguistic repertoire, cultural heritage, and background knowledge;(B) demonstrate targeted and intentional academic language skills to ensure content-area teachers are able to accurately evaluate the abilities of EB students and scaffold toward the increasingly complex English that students hear, speak, and are expected to read and write; and(C) provide an exact and incremental measure of the stages of English language acquisition with attention to the fact that EB students at all levels of proficiency can engage in cognitively demanding tasks and master the required essential knowledge and skills with appropriate language support.(8) The proficiency level descriptors are organized into general proficiency level descriptors and content-area proficiency level descriptors. General proficiency level descriptors are descriptions of a broad scope of student behaviors that can be observed in a variety of educational settings and across content areas. Content-area proficiency level descriptors describe student behaviors and language associated with discipline-specific learning in English language arts and reading, mathematics, science, and social studies.(d) Cross-curricular English language acquisition student expectations.(1) Student expectations--listening. The EB student listens to a variety of speakers, including teachers, peers, and multimedia, to gain an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels in listening. The student is expected to:(A) distinguish sounds and intonation patterns by responding orally, in writing, or with gestures;(B) demonstrate an understanding of content-area vocabulary when heard during formal and informal classroom interactions by responding with gestures or images, orally, or in writing;(C) follow oral directions with accuracy;(D) use context to construct the meaning of descriptive language, words with multiple meanings, register, or figurative language such as idiomatic expressions heard during formal and informal classroom interactions;(E) demonstrate listening comprehension from information presented orally during formal and informal classroom interactions by recalling, retelling, responding, or asking for clarification or additional details; and(F) derive meaning from a variety of auditory multimedia sources to build and reinforce concepts and language acquisition.(2) Student expectations--speaking. The EB student speaks using a variety of language structures for a variety of purposes with an awareness of different language registers (formal/informal) using vocabulary with increasing accuracy and fluency in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency level of English language acquisition in speaking. The student is expected to:(A) produce sounds of newly acquired vocabulary such as long and short vowels, silent letters, and consonant clusters to pronounce words with accuracy;(B) speak using content-area vocabulary during formal and informal classroom interactions to demonstrate acquisition of new words and high-frequency words;(C) speak using a variety of language and grammatical structures, sentence lengths and types, and connecting words;(D) speak using appropriate register to convey a message during formal and informal classroom interactions with accuracy and fluency;(E) narrate, describe, or explain information or persuade orally with increasing specificity and detail during formal and informal classroom interactions; and(F) restate, ask questions about, or respond to information during formal and informal classroom interactions.(3) Student expectations--reading. The EB student reads a variety of texts for different purposes with an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in reading. For Kindergarten and Grade 1, certain student expectations apply to text read aloud for students not yet at the stage of decoding written text. The student is expected to:(A) demonstrate awareness of print concepts and directionality of reading as left to right and top to bottom;(B) decode words using relationships between sounds and letters;(C) use high-frequency words, cognates, and content-area vocabulary to comprehend written classroom materials;(D) use context to construct the meaning of figurative language such as idiomatic expressions, descriptive language, and words with multiple meanings to comprehend classroom materials;(E) use pre-reading strategies, including previewing text features, connecting to prior knowledge, organizing ideas, and making predictions, to develop comprehension;(F) derive meaning from and demonstrate comprehension of content-area texts using visual, contextual, and linguistic supports;(G) demonstrate reading comprehension of content-area texts by making connections, retelling, or responding to questions; and(H) read with fluency and demonstrate comprehension of content-area text.(4) Student expectations--writing. The EB student writes using a variety of language structures with increasing accuracy to effectively address a variety of purposes (formal and informal) and audiences in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in writing. For Kindergarten and Grade 1, certain student expectations do not apply until the student has reached the proficiency level of generating original written text using a standard writing system. The student is expected to:(A) apply relationships between sounds and letters of the English language to represent sounds when writing;(B) spell words following conventional spelling patterns and rules;(C) write using high-frequency words and content-area vocabulary;(D) write using a variety of grade-appropriate sentence lengths and types and connecting words;(E) write formal or informal text using conventions such as capitalization and punctuation and grammatical structures such as subject-verb agreement and verb tense; and(F) write to narrate, describe, explain, respond, or persuade with detail in the content areas.(e) Proficiency level descriptors.(1) The following five proficiency levels describe students' progress in English language acquisition.(A) Pre-production. The pre-production level, also known as the silent period, is the early stage of English language acquisition when receptive language is developing. Students develop comprehension when highly scaffolded instruction and linguistic support are provided. Student responses are mostly non-verbal.(B) Beginning. The beginning level is characterized by speech emergence (expressive language) using one word or two-to-three-word phrases. Students at this level require highly scaffolded instruction and linguistic support. Students at this level begin to consistently use present tense verbs and repeat keywords and familiar phrases when engaging in formal and informal interactions.(C) Intermediate. The intermediate level is characterized by the ability to use receptive and expressive language with demonstrated literal comprehension. Students at this level need moderately scaffolded instruction and linguistic support. Additional visual and linguistic support is needed to understand unfamiliar or abstract concepts such as figurative language, humor, and cultural or societal references. Students at this level begin to consistently use short phrases and simple sentences or ask short questions to demonstrate comprehension during formal and informal interactions.(D) High intermediate. Students at the high intermediate level begin to consistently use a variety of sentence types, express opinions, share thoughts, and ask for clarification. Students at this level have an increased level of literal and abstract comprehension. Students may need minimal scaffolded instruction and linguistic support to engage in formal and informal classroom interactions.(E) Advanced. The advanced level is characterized by the ability of students to engage in formal and informal classroom interactions with little to no linguistic support. Students at this level engage in discourse using content-area vocabulary and a variety of grammatical structures with increasing accuracy.(2) The Kindergarten-Grade 3 proficiency level descriptors are described in the figure provided in this paragraph.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §120.20 adopted to be effective February 2, 2025, 50 TexReg 539.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c120/scB/s120.21"><num value="120.21">§120.21</num><heading>English Language Proficiency Standards, Grades 4-12, Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(b) General requirements. In fulfilling the requirements of this section, school districts and charter schools shall:(1) identify the student's English language proficiency levels in the domains of listening, speaking, reading, and writing in accordance with the proficiency level descriptors for the pre-production, beginning, intermediate, high intermediate, and advanced levels delineated in subsection (e) of this section;(2) provide instruction in the knowledge and skills of the foundation and enrichment curriculum in a manner that is linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's levels of English language proficiency to ensure that the student learns the knowledge and skills in the required curriculum;(3) provide content-based instruction, including the cross-curricular second language acquisition essential knowledge and skills in subsection (d) of this section, in a manner that is linguistically accommodated to help the student acquire English language proficiency; and(4) provide intensive and ongoing foundational second language acquisition instruction to emergent bilingual (EB) students in Kindergarten-Grade 12 who are at the pre-production, beginning, or intermediate level of English language proficiency in listening, speaking, reading, or writing as determined by the state's English language proficiency assessment system. These EB students require focused, targeted, and systematic second language acquisition instruction to provide them with the foundation of English language necessary to support content-based instruction and accelerated learning of English. (c) Introduction.(1) The English language proficiency standards (ELPS) outline student expectations and proficiency level descriptors for EB students in English. The ELPS are organized across four language domains: listening, speaking, reading, and writing.(2) Language acquisition is a complex process that consists of several interrelated components, including phonetics, phonology, semantics, syntax, morphology, and pragmatics. As students develop proficiency in these language structures, they are able to make connections between their primary language and English.(3) Classroom contexts foster social and academic registers, which are types of language appropriate for a situation or setting, to support language proficiency. Informal (social) language consists of English needed for students to effectively interact, exchange ideas, and engage in various settings and contexts. Formal (academic) language consists of oral and written language used to build knowledge, participate in content-specific discourse, and process complex academic material found in formal school settings and interactions.(4) The progression of skills in the four language domains are developed simultaneously and can be divided into two categories: receptive skills and expressive skills. Listening and reading are the receptive (input) skills. Students' development in receptive skills is necessary for comprehension and attainment of the English language and content. Speaking and writing are the expressive (output) skills. Students' ability to express and share their personal ideas and content knowledge allow teachers the opportunity to check for understanding and adjust instruction. Effective content-based language instruction involves engaging EB students in scaffolded opportunities to listen, speak, read, and write at their current levels of proficiency while gradually increasing linguistic complexity.(5) In order for EB students to be successful, educators must create an environment that welcomes and encourages students to leverage their unique cultural and linguistic experiences as they develop English language skills and learn academic content. Educators must cultivate an approach that integrates students' and their families' funds of knowledge into the classroom instructional practices. Culturally and linguistically sustaining practices leverage and celebrate students' cultural heritage and backgrounds while elevating their cultural and linguistic identities. Teaching and learning cognates that connect both (or multiple) languages can also construct bridges between languages and increase confidence as English language acquisition progresses.(6) The ELPS student expectations are the knowledge and skills students must demonstrate. They indicate what students should know and be able to do in order to meet academic content standards. Proficiency level descriptors describe behaviors EB students exhibit across five proficiency levels as they acquire English. EB students may exhibit different proficiency levels within and across the domains of listening, speaking, reading, and writing.(7) The ELPS demonstrate an asset-based approach to address the affective, linguistic, and cognitive needs of EB students in accordance with §89.1210(b) of this title (relating to Program Content and Design) as follows:(A) acknowledge and leverage the existing funds of knowledge students possess, including linguistic repertoire, cultural heritage, and background knowledge;(B) demonstrate targeted and intentional academic language skills to ensure content-area teachers are able to accurately evaluate the abilities of EB students and scaffold toward the increasingly complex English that students hear, speak, and are expected to read and write; and(C) provide an exact and incremental measure of the stages of English language acquisition with attention to the fact that EB students at all levels of proficiency can engage in cognitively demanding tasks and master the required essential knowledge and skills with appropriate language support.(8) The proficiency level descriptors are organized into general proficiency level descriptors and content-area proficiency level descriptors. General proficiency level descriptors are descriptions of a broad scope of student behaviors that can be observed in a variety of educational settings and across content areas. Content-area proficiency level descriptors describe student behaviors and language associated with discipline-specific learning in English language arts and reading, mathematics, science, and social studies.(d) Cross-curricular English language acquisition student expectations.(1) Student expectations--listening. The EB student listens to a variety of speakers, including teachers, peers, and multimedia, to gain an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels in listening. The student is expected to:(A) distinguish sounds and intonation patterns by responding with gestures or images, orally, or in writing;(B) use contextual factors or word analysis such as cognates, Greek and Latin prefixes, suffixes, and roots to comprehend content-specific vocabulary when heard during formal and informal classroom interactions by responding with gestures or images, orally, or in writing;(C) respond with accuracy to oral directions, instructions, and requests;(D) use context to construct the meaning of descriptive language, words with multiple meanings, register, and figurative language such as idiomatic expressions heard during formal and informal classroom interactions;(E) demonstrate listening comprehension from information presented orally during formal and informal classroom interactions by restating, responding, paraphrasing, summarizing, or asking for clarification or additional details; and(F) derive meaning from a variety of auditory multimedia sources to build and reinforce concepts and language acquisition.(2) Student expectations--speaking. The EB student speaks using a variety of language structures for a variety of purposes with an awareness of different language registers (formal/informal) using vocabulary with increasing accuracy and fluency in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency level of English language acquisition in speaking. The student is expected to:(A) pronounce words, including high-frequency words, cognates, and increasingly complex syllable types, with accuracy;(B) speak using content-area vocabulary during formal and informal classroom interactions to demonstrate acquisition of new words and high-frequency words;(C) speak using a variety of language and grammatical structures, sentence lengths and types, and transition words;(D) speak using appropriate register to convey a message during formal and informal classroom interactions with accuracy and fluency;(E) narrate, describe, explain, justify, discuss, elaborate, or evaluate orally with increasing specificity and detail in academic context or discourse; and(F) restate, ask questions about, or respond to information during formal and informal classroom interactions.(3) Student expectations--reading. The EB student reads a variety of texts for different purposes with an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in reading. The student is expected to:(A) demonstrate awareness of print concepts and directionality of reading as left to right and top to bottom;(B) decode words using the relationships between sounds and letters and identify syllable patterns, cognates, affixes, roots, or base words;(C) use high-frequency words, contextual factors, and word analysis such as Greek and Latin prefixes, suffixes, and roots and cognates to comprehend content-area vocabulary in text;(D) use context to construct the meaning of figurative language such as idiomatic expressions, descriptive language, and words with multiple meanings to comprehend a variety of text;(E) use pre-reading strategies, including previewing the text features, connecting to prior knowledge, organizing ideas, and making predictions, to develop comprehension;(F) derive meaning from and demonstrate comprehension of content-area texts using visual, contextual, and linguistic supports;(G) demonstrate reading comprehension of content-area texts by retelling, paraphrasing, summarizing, and responding to questions; and(H) read with fluency and prosody and demonstrate comprehension of content-area text.(4) Student expectations--writing. The EB student writes using a variety of language structures with increasing accuracy to effectively address a variety of purposes (formal and informal) and audiences in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in writing. The student is expected to:(A) apply relationships between sounds and letters of the English language to represent sounds when writing;(B) write text following conventional spelling patterns and rules;(C) write using a combination of high-frequency words and content-area vocabulary;(D) write content-area texts using a variety of sentence lengths and types and transition words;(E) write content-area specific text using conventions such as capitalization, punctuation, and abbreviations and grammatical structures such as subject-verb agreement, verb tense, possessive case, and contractions; and(F) write to narrate, describe, explain, respond, or justify with supporting details and evidence using appropriate content, style, register, and conventions for specific purpose and audience.(e) Proficiency level descriptors.(1) The following five proficiency levels describe students' progress in English language acquisition.(A) Pre-production. The pre-production level, also known as the silent period, is the early stage of English language acquisition when receptive language is developing. Students develop comprehension when highly scaffolded instruction and linguistic support are provided. Student responses are mostly non-verbal.(B) Beginning. The beginning level is characterized by speech emergence (expressive language) using one word or two-to-three-word phrases. Students at this level require highly scaffolded instruction and linguistic support. Students at this level begin to consistently use present tense verbs and repeat keywords and familiar phrases when engaging in formal and informal interactions.(C) Intermediate. The intermediate level is characterized by the ability to use receptive and expressive language with demonstrated literal comprehension. Students at this level need moderately scaffolded instruction and linguistic support. Additional visual and linguistic support is needed to understand unfamiliar or abstract concepts such as figurative language, humor, and cultural or societal references. Students at this level begin to consistently use short phrases and simple sentences or ask short questions to demonstrate comprehension during formal and informal interactions.(D) High intermediate. Students at the high intermediate level begin to consistently use a variety of sentence types, express opinions, share thoughts, and ask for clarification. Students at this level have an increased level of literal and abstract comprehension. Students may need minimal scaffolded instruction and linguistic support to engage in formal and informal classroom interactions.(E) Advanced. The advanced level is characterized by the ability of students to engage in formal and informal classroom interactions with little to no linguistic support. Students at this level engage in discourse using content-area vocabulary and a variety of grammatical structures with increasing accuracy.(2) The Grades 4-12 proficiency level descriptors are described in the figure provided in this paragraph.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §120.21 adopted to be effective February 2, 2025, 50 TexReg 539.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c126"><num value="126">CHAPTER 126</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR TECHNOLOGY APPLICATIONS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c126/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c126/scA/s126.1"><num value="126.1">§126.1</num><heading>Technology Applications, Kindergarten, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by Grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) identify a problem or task such as making a sandwich and break it down (decompose) into smaller pieces;(B) identify simple patterns and make predictions based on the patterns; and(C) identify algorithms (step-by-step instructions) using a sequential process such as first, next, then, and last.(2) Computational thinking--applications. The student, with guidance from an educator, applies the fundamentals of computer science. The student is expected to create a sequence of code with or without technology such as solving a maze using drag-and-drop programming or creating step-by-step directions for student movement to a specific location.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process to solve authentic problems for a local or global audience, using a variety of technologies. The student is expected to:(A) practice personal skills, including following directions, needed to successfully implement design processes; and(B) use a design process with components such as asking questions, brainstorming, or storyboarding to identify and solve authentic problems with adult assistance.(4) Data literacy, management, and representation--collect data. The student defines data and explains how data can be found and collected. The student is expected to:(A) communicate an understanding that data is information collected about people, events, or objects such as computer searches and weather patterns; and(B) communicate with adult assistance the idea that digital devices can search for and retrieve information.(5) Digital citizenship--social interactions. The student identifies appropriate ways to communicate in various digital environments. The student is expected to identify and demonstrate responsible behavior within a digital environment.(6) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) demonstrate acceptable use of digital resources and devices as outlined in local policies or acceptable use policy (AUP); and(B) communicate an understanding that all digital content has owners.(7) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) identify ways to keep a user account safe, including not sharing login information and logging off accounts and devices; and(B) identify and discuss what information is safe to share online such as hobbies and likes and dislikes and what information is unsafe such as identifying information.(8) Practical technology concepts--skills and tools. The student demonstrates knowledge and appropriate use of technology systems, concepts, and operations. The student is expected to:(A) use a variety of applications, devices, and online learning environments to engage with content;(B) identify basic computer hardware, including a variety of input and output devices, and software using accurate terminology;(C) perform software application functions such as opening an application and modifying, printing, and saving digital artifacts using a variety of developmentally appropriate digital tools and resources;(D) practice ergonomically correct keyboarding techniques and developmentally appropriate hand and body positions; and(E) identify, locate, and practice using keys on the keyboard, including letters, numbers, and special keys such as space bar and backspace.</content><note type="source"><p>Source Note: The provisions of this §126.1 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c126/scA/s126.2"><num value="126.2">§126.2</num><heading>Technology Applications, Grade 1, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) identify and discuss a problem or task and break down (decompose) the solution into sequential steps;(B) identify the simple patterns found in the solutions to everyday problems or tasks; and(C) create a simple algorithm (step-by-step instructions) for an everyday task.(2) Computational thinking--applications. The student, with guidance from an educator, applies the fundamentals of computer science. The student is expected to create a sequence of code that solves a simple problem with or without technology.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process to solve authentic problems for a local or global audience, using a variety of technologies. The student is expected to:(A) practice personal skills and behaviors, including following directions and mental agility, needed to implement a design process successfully; and(B) use a design process with components such as asking questions, brainstorming, or storyboarding to identify and solve authentic problems with adult assistance.(4) Creativity and innovation--emerging technologies. The student understands that technology is dynamic and impacts different communities. The student is expected to identify examples of how technology has impacted different communities.(5) Data literacy, management, and representation--collect data. The student defines data and explains how data can be found and collected. The student is expected to:(A) explore and collect many types of data such as preferences or daily routines of people, events, or objects; and(B) conduct a basic search using provided keywords and digital sources with adult assistance.(6) Digital citizenship--social interactions. The student identifies appropriate ways to communicate in various digital environments. The student is expected to describe and demonstrate respectful behavior within a digital environment.(7) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) explain and demonstrate the importance of acceptable use of digital resources and devices as outlined in local policies or acceptable use policy (AUP); and(B) communicate an understanding that all digital content has owners and explain the importance of respecting others' belongings as they apply to digital content and information.(8) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) identify ways to keep a user account safe, including not sharing login information and logging off accounts and devices;(B) identify and discuss what information is safe to share online such as hobbies and likes and dislikes and what information is unsafe such as identifying information; and(C) discuss and define cyberbullying with teacher support and guidance.(9) Practical technology concepts--skills and tools. The student demonstrates knowledge and appropriate use of technology systems, concepts, and operations. The student is expected to:(A) select and use a variety of applications, devices, and online learning environments to create an original product;(B) describe basic computer hardware, including a variety of input and output devices, and software using accurate terminology;(C) perform software application functions such as file management, collaboration, and the creation and revision of digital artifacts using a variety of developmentally appropriate digital tools and resources;(D) practice ergonomically correct keyboarding techniques and developmentally appropriate hand and body positions; and(E) identify, locate, and practice using keys on the keyboard, including upper- and lower-case letters, numbers, and special keys such as space bar, shift, and backspace.</content><note type="source"><p>Source Note: The provisions of this §126.2 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c126/scA/s126.3"><num value="126.3">§126.3</num><heading>Technology Applications, Grade 2, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) identify and communicate a problem or task and break down (decompose) multiple solutions into sequential steps;(B) identify complex patterns and make predictions based on the pattern;(C) analyze a plan with adult assistance that outlines the steps needed to complete a task; and(D) create and troubleshoot simple algorithms (step-by-step instructions) that include conditionals such as if-then statements as they apply to an everyday task.(2) Computational thinking--applications. The student, with guidance from an educator, applies the fundamentals of computer science. The student is expected to:(A) identify and explore what a variable is in a sequence of code; and(B) use a design process to create a sequence of code that includes loops to solve a simple problem with or without technology.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process to solve authentic problems for a local or global audience, using a variety of technologies. The student is expected to:(A) demonstrate personal skills and behaviors, including effective communication, following directions, and mental agility, needed to implement a design process successfully; and(B) apply a design process with components such as testing and reflecting to create new and useful solutions to identify and solve for authentic problems.(4) Creativity and innovation--emerging technologies. The student demonstrates an understanding that technology is dynamic and impacts different communities. The student is expected to identify and analyze how technology impacts different communities.(5) Data literacy, management, and representation--collect data. The student defines data and explains how data can be found and collected. The student is expected to:(A) identify and collect non-numerical data, such as weather patterns, preferred reading genres, and holidays; and(B) conduct a basic search independently using provided keywords and digital sources.(6) Data literacy, management, and representation--communicate and publish results. The student communicates data through the use of digital tools. The student is expected to use a digital tool to individually or collaboratively create and communicate data visualizations such as pictographs and bar graphs.(7) Digital citizenship--social interactions. The student identifies appropriate ways to communicate in various digital environments. The student is expected to participate in digital environments to develop responsible and respectful interactions.(8) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) explain and demonstrate the importance of acceptable use of digital resources and devices as outlined in local policies or acceptable use policy (AUP); and(B) communicate an understanding that all digital content has owners and explain the importance of respecting others' belongings as they apply to digital content and information.(9) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) demonstrate account safety, including creating a strong password and logging off accounts and devices;(B) compare and contrast private and public information and discuss what is safe to be shared online and with whom; and(C) discuss cyberbullying and identify examples.(10) Practical technology concepts--skills and tools. The student demonstrates knowledge and appropriate use of technology systems, concepts, and operations. The student is expected to:(A) select and use a variety of applications, devices, and online learning environments to create and share content;(B) identify, compare, and describe the function of basic computer hardware, including a variety of input and output devices, and software applications using accurate terminology;(C) operate a variety of developmentally appropriate digital tools and resources to perform software application functions such as reviewing digital artifacts and designing solutions to problems;(D) practice ergonomically correct keyboarding techniques and developmentally appropriate hand and body positions; and(E) identify, locate, and practice using keys on the keyboard, including secondary actions of different keys such as "@," "#," "$," and "?".</content><note type="source"><p>Source Note: The provisions of this §126.3 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c126/scA/s126.8"><num value="126.8">§126.8</num><heading>Technology Applications, Grade 3, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by Grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools. Students also build their knowledge and use of technology systems, including integrating the use of multiple applications.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) decompose story problems into smaller, manageable subproblems and identify a solution to the problems;(B) identify simple and complex patterns in story problems;(C) develop a plan collaboratively and document a plan that outlines specific steps taken to complete a project; and(D) debug simple algorithms (set of procedures) by identifying and removing errors.(2) Computational thinking--applications. The student applies the fundamentals of computer science. The student is expected to:(A) use variables within a program to store data; and(B) use a design process to create programs that include sequences, loops, and conditionals to express ideas or address a problem.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process to solve authentic problems for a local or global audience, using a variety of technologies. The student is expected to:(A) explain the importance of and demonstrate personal skills and behaviors, including metacognition, effective communication, following directions, and mental agility, needed to implement the design process successfully; and(B) apply an appropriate design process using components such as peer and teacher feedback to create new and useful solutions to authentic problems.(4) Creativity and innovation--emerging technologies. The student demonstrates an understanding that technology is dynamic and impacts different communities. The student is expected to define emerging technologies.(5) Data literacy, management, and representation--collect data. The student uses digital strategies to collect and identify data. The student is expected to:(A) identify and collect numerical data such as the price of goods or temperature; and(B) use various search strategies with adult assistance.(6) Data literacy, management, and representation--organize, manage, and analyze data. The student uses data to answer questions. The student is expected to analyze data in graphs to identify and discuss trends and inferences.(7) Data literacy, management, and representation--communicate and publish results. The student communicates data through the use of digital tools to inform an audience. The student is expected to use digital tools to communicate and publish results to inform an intended audience.(8) Digital citizenship--social interactions. The student understands different styles of digital communication and that a student's actions online can have a long-term impact. The student is expected to:(A) define digital footprint;(B) define digital etiquette; and(C) define digital collaboration.(9) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) demonstrate adherence to local acceptable use policy (AUP) that reflects positive social behavior in the digital environment;(B) communicate the purpose of copyright law and identify appropriate and inappropriate uses of digital content and information; and(C) identify the required elements of citations for digital forms of media.(10) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) demonstrate account safety, including creating a strong password and logging off accounts and devices;(B) describe ways to employ safe practices such as protecting digital identity and avoid online dangers such as accessing unsafe websites or clicking on suspicious links; and(C) discuss cyberbullying and explain how to respond to cyberbullying.(11) Practical technology concepts--processes. The student engages with technology systems, concepts, and operations. The student is expected to:(A) compare and contrast applications such as word processor, spreadsheet, and presentation tools for relevance to an assigned task; and(B) perform software application functions such as inserting or deleting text, inserting images, and formatting page layout and margins.(12) Practical technology concepts--skills and tools. The student selects appropriate methods or techniques for an assigned task and identifies and solves simple hardware and software problems using common troubleshooting strategies. The student is expected to:(A) communicate an understanding of terminology related to operating systems and network systems such as internet, intranet, wireless network, short-range wireless technology, and learning management systems;(B) identify where and how to save files such as using appropriate naming conventions and effective file management strategies;(C) demonstrate proper touch keyboarding techniques with accuracy and ergonomic strategies such as correct hand and body positions;(D) identify and practice using keyboard or other input device shortcuts for actions such as copy, paste, undo, or closing windows; and(E) identify minor technical problems with hardware and software and solve the issues with assistance.</content><note type="source"><p>Source Note: The provisions of this §126.8 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c126/scA/s126.9"><num value="126.9">§126.9</num><heading>Technology Applications, Grade 4, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by Grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools. Students also build their knowledge and use of technology systems, including integrating the use of multiple applications.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) decompose story problems into smaller, manageable subproblems and discuss and document various solutions to the problems;(B) identify patterns in story problems and make predictions based on the pattern;(C) communicate design plans and solutions using a variety of options; and(D) debug algorithms (set of procedures) by identifying and removing errors.(2) Computational thinking--applications. The student applies the fundamentals of computer science. The student is expected to:(A) use variables within a program to modify data; and(B) use a design process to create programs that include sequences, loops, and conditionals to express ideas or address a problem.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process to solve authentic problems for a local or global audience, using a variety of technologies. The student is expected to:(A) explain the importance of and demonstrate personal skills and behaviors, including problem solving and questioning, effective communication, following directions, mental agility, and metacognition, that are needed to implement a design process successfully; and(B) apply an appropriate design process that includes components to improve processes and refine original products for authentic problems.(4) Creativity and innovation--emerging technologies. The student demonstrates an understanding that technology is dynamic and impacts different communities. The student is expected to identify examples of emerging technologies.(5) Data literacy, management, and representation--collect data. The student uses digital strategies to collect and identify data. The student is expected to:(A) classify numerical and non-numerical data; and(B) identify and collect data by using various search strategies, including two or more keywords within specific parameters.(6) Data literacy, management, and representation--organize, manage, and analyze data. The student uses data to answer questions. The student is expected to use digital tools to transform and make inferences about data to answer a question.(7) Data literacy, management, and representation--communicate and publish results. The student communicates data through the use of digital tools to inform an audience. The student is expected to use digital tools to communicate results of an inquiry to inform an intended audience.(8) Digital citizenship--social interactions. The student understands different styles of digital communication and that a student's actions online can have a long-term impact. The student is expected to:(A) describe how information retained online creates a permanent digital footprint;(B) describe appropriate digital etiquette for various forms of digital communication such as text, email, and online chat; and(C) demonstrate appropriate digital etiquette for various forms of digital collaboration such as shared documents, video conferencing, and other platforms.(9) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) demonstrate adherence to local acceptable use policy (AUP) and explain the importance of responsible and ethical technology use;(B) describe the rights and responsibilities of a creator, define copyright law, and explain how copyright law applies to creative work; and(C) create citations for digital forms of media with assistance.(10) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) demonstrate account safety, including creating a strong password and logging off devices, and explain the importance of these practices;(B) identify and discuss types of data collection tools such as cookies, pop-ups, smart devices, and unsecured networks and explain why it is important to maintain digital privacy; and(C) discuss and explain how to respond to cyberbullying, including advocating for self and others.(11) Practical technology concepts--processes. The student engages with technology systems, concepts, and operations. The student is expected to:(A) evaluate and choose applications for relevance to an assigned task; and(B) perform software application functions such as outline options, bulleting, and numbering lists, and perform editing functions such as finding and replacing.(12) Practical technology concepts--skills and tools. The student selects appropriate methods or techniques for an assigned task and identifies and solves simple hardware and software problems using common troubleshooting strategies. The student is expected to:(A) communicate an understanding of terminology related to virtual systems such as video conferencing, augmented reality, and virtual reality environments;(B) evaluate where and how to save, including the use of appropriate naming conventions and effective file management strategies and folder structures;(C) demonstrate proper touch keyboarding techniques with speed and accuracy and ergonomic strategies such as correct hand and body positions;(D) identify and practice using cross-curricular symbols or other input device shortcuts on a keyboard; and(E) use troubleshooting strategies to solve minor technical problems with hardware and software such as restarting software or rebooting hardware.</content><note type="source"><p>Source Note: The provisions of this §126.9 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c126/scA/s126.10"><num value="126.10">§126.10</num><heading>Technology Applications, Grade 5, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by Grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools. Students also build their knowledge and use of technology systems, including integrating the use of multiple applications.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) decompose a real-world problem into smaller, manageable subproblems using graphic organizers such as learning maps, concept maps, or other representations of data;(B) identify patterns in real-world problems and make predictions based on the pattern;(C) design and create an outline collaboratively that documents a problem, possible solutions, and an expected timeline for the development of a coded solution; and(D) compare multiple algorithms for the same task and determine which algorithm is the most appropriate for that task.(2) Computational thinking--applications. The student applies the fundamentals of computer science. The student is expected to:(A) use variables within a program to store and modify data;(B) use a design process to create block-based programs that include sequences, loops, conditionals, and events to solve an everyday problem; and(C) analyze a code and how the code may be reused to develop new or improved programs.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process to solve authentic problems for a local or global audience, using a variety of technologies. The student is expected to:(A) explain the importance of and demonstrate personal skills and behaviors, including persistence, effective communication, following directions, mental agility, metacognition, problem solving and questioning, that are needed to implement a design process successfully; and(B) apply an appropriate design process that includes components to generate multiple solutions for an authentic problem and develop original products.(4) Creativity and innovation--emerging technologies. The student demonstrates an understanding that technology is dynamic and impacts different communities. The student is expected to predict how emerging technologies may impact different communities.(5) Data literacy, management, and representation--collect data. The student uses digital strategies to collect and identify data. The student is expected to:(A) identify and collect quantitative and qualitative data with digital tools; and(B) identify keyword(s), Boolean operators, and limiters within provided search strategies.(6) Data literacy, management, and representation--organize, manage, and analyze data. The student uses data to answer questions. The student is expected to use digital tools to analyze and transform data and make inferences to answer questions.(7) Data literacy, management, and representation--communicate and publish results. The student communicates data through the use of digital tools to inform an audience. The student is expected to use digital tools to communicate and display data using appropriate visualization to inform an intended audience.(8) Digital citizenship--social interactions. The student understands different styles of digital communication and that a student's actions online can have a long-term impact. The student is expected to:(A) identify the components of a digital footprint such as online activity, game use, or social media platforms;(B) describe appropriate digital etiquette for addressing different audiences such as peers, teachers, and other adults; and(C) apply appropriate digital etiquette for collaborating with different audiences such as peers, teachers, and other adults.(9) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) demonstrate adherence to local acceptable use policy (AUP) and explain the importance of responsible and ethical technology use;(B) describe the purpose of copyright law and the possible consequences for inappropriate use of digital content; and(C) create citations for digital forms of media with assistance.(10) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) discuss cybersecurity strategies such as using a secured internet connection to protect digital information;(B) discuss how data collection technology is used to track online navigation and identify strategies to maintain digital privacy and security; and(C) discuss and identify how interactions can escalate online and explain ways to stand up to cyberbullying, including advocating for self and others.(11) Practical technology concepts--processes. The student engages with technology systems, concepts, and operations. The student is expected to:(A) identify file types for text, graphics, and multimedia files; and(B) perform software application functions, including inserting or deleting text and images and formatting tools or options.(12) Practical technology concepts--skills and tools. The student selects appropriate methods or techniques for an assigned task and identifies and solves simple hardware and software problems using common troubleshooting strategies. The student is expected to:(A) describe and evaluate operating systems, learning management systems, virtual systems, and network systems such as internet, intranet, wireless network, and short-range wireless technology;(B) organize files using appropriate naming conventions and folder structures;(C) demonstrate proper touch keyboarding techniques with increasing speed and accuracy and ergonomic strategies such as correct hand and body positions;(D) demonstrate keyboard or other input device shortcuts with fluency; and(E) use help sources to research application features and solve software issues.</content><note type="source"><p>Source Note: The provisions of this §126.10 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c126/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c126/scB/s126.17"><num value="126.17">§126.17</num><heading>Technology Applications, Grade 6, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by Grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools. Students also build their knowledge and use of technology systems, including integrating the use of multiple applications.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) decompose real-world problems into structured parts by using visual representation;(B) analyze the patterns and sequences found in visual representations such as learning maps, concept maps, or other representations of data;(C) define abstraction and distinguish between generalized information and specific information in the context of solving a problem or completing a task;(D) design a plan collaboratively using visual representation to document a problem, possible solutions, and an expected timeline for the development of a coded solution;(E) analyze different techniques used in debugging and apply them to an algorithm; and(F) analyze the benefits of using iteration (code and sequence repetition) in algorithms.(2) Computational thinking--applications. The student applies the fundamentals of computer science. The student is expected to:(A) define and label variables that relate to their programming or algorithm; and(B) use a design process to create block-based and text-based programs that include sequences, loops, conditionals, and events to solve an everyday problem.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process and creative thinking to develop and evaluate solutions, considering a variety of local and global perspectives. The student is expected to:(A) resolve challenges in design processes independently using goal setting and personal character traits such as demonstrating courage and confidence;(B) discuss and implement a design process using digital tools to compare, contrast, and evaluate student-generated outcomes; and(C) identify how the design process is used in various industries.(4) Creativity and innovation--emerging technologies. The student demonstrates a thorough understanding of the role of technology throughout history and its impact on societies. The student is expected to:(A) discuss how changes in technology throughout history have impacted various areas of study;(B) discuss how global trends impact the development of technology; and(C) transfer current knowledge to the learning of newly encountered technologies.(5) Data literacy, management, and representation--collect data. The student uses advanced digital strategies to collect and represent data. The student is expected to:(A) demonstrate how data can be represented in Boolean expression; and(B) discuss and use advanced search strategies, including keywords, Boolean operators, and limiters.(6) Data literacy, management, and representation--organize, manage, and analyze data. The student uses digital tools to transform data, make inferences, and predictions. The student is expected to use digital tools to transform data in order to identify and discuss trends and make inferences.(7) Data literacy, management, and representation--communicate and publish results. The student creates digital products to communicate data to an audience for an intended purpose. The student is expected to use digital tools to communicate and display data from a product or process to inform an intended audience.(8) Digital citizenship--social interactions. The student understands different styles of digital communication and that a student's actions online can have a long-term impact. The student is expected to:(A) identify the impact of a digital footprint;(B) create formal and informal digital communications using appropriate digital etiquette; and(C) collaborate on digital platforms such as recording a video conference presentation using appropriate formal and informal digital etiquette.(9) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) adhere to local acceptable use policy (AUP) and practice safe, ethical, and positive online behaviors;(B) discuss and define intellectual property and associated terms, including copyright law, permission, fair use, creative commons, open source, and public domain;(C) create citations and cite sources for a variety of digital forms of intellectual property; and(D) describe how information can be exaggerated or misrepresented online.(10) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) identify real-world cybersecurity problems such as phishing, malware, password attacks, identity theft, and hacking; and(B) identify various methods of cyberbullying such as harassment, impersonation, and cyberstalking.(11) Practical technology concepts--processes. The student evaluates and selects appropriate methods or techniques for an independent project and identifies and solves common hardware and software problems using troubleshooting strategies. The student is expected to create and design files in various formats such as text, graphics, video, and audio files.(12) Practical technology concepts--skills and tools. The student leverages technology systems, concepts, and operations to produce digital artifacts. The student is expected to:(A) apply appropriate technology terminology such as cloud applications, input, output, and basic programming;(B) identify effective file management strategies such as file naming conventions, local and remote locations, backup, hierarchy, folder structure, file conversion, tags, and emerging digital organizational strategies;(C) select and use the appropriate platform and tools to complete a specific task or project;(D) demonstrate improvement in speed and accuracy as measured by words per minute when applying correct keyboarding techniques;(E) select and use appropriate shortcuts within applications;(F) use help sources to research application features and solve software issues;(G) identify types of local and remote data storage such as cloud architecture or local server; and(H) use productivity tools found in spread sheet, word processing, and publication applications to create digital artifacts such as reports, graphs, and charts.</content><note type="source"><p>Source Note: The provisions of this §126.17 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c126/scB/s126.18"><num value="126.18">§126.18</num><heading>Technology Applications, Grade 7, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by Grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools. Students also build their knowledge and use of technology systems, including integrating the use of multiple applications.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) decompose real-world problems into structured parts using flowcharts;(B) analyze the patterns and sequences found in flowcharts;(C) identify abstraction and analyze how an algorithm the student created can be generalized to solve additional problems;(D) design a plan collaboratively using flowcharts to document a problem, possible solutions, and an expected timeline for the development of a coded solution;(E) analyze different techniques used in debugging and apply them to an algorithm; and(F) analyze the benefits of using iteration (code and sequence repetition) in algorithms.(2) Computational thinking--applications. The student applies the fundamentals of computer science. The student is expected to:(A) manipulate and rename variables and describe different data types; and(B) use a software design process to create text-based programs with nested loops that address different subproblems within a real-world context.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process and creative thinking to develop and evaluate solutions, considering a variety of local and global perspectives. The student is expected to:(A) resolve challenges in design processes independently using goal setting and personal character traits such as demonstrating responsibility and advocating for self appropriately;(B) discuss and implement a design process that includes planning and selecting digital tools to develop and refine a prototype or model through trial and error; and(C) identify how the design process is used in various industries.(4) Creativity and innovation--emerging technologies. The student demonstrates a thorough understanding of the role of technology throughout history and its impact on societies. The student is expected to:(A) explain how changes in technology throughout history have impacted various areas of study;(B) explain how global trends impact the development of technology; and(C) transfer current knowledge to the learning of newly encountered technologies.(5) Data literacy, management, and representation--collect data. The student uses advanced digital strategies to collect and represent data. The student is expected to:(A) demonstrate how data can be represented in a binary number systems; and(B) evaluate advanced search strategies, including keywords, Boolean operators, and limiters.(6) Data literacy, management, and representation--organize, manage, and analyze data. The student uses digital tools to transform data, make inferences, and predictions. The student is expected to use digital tools in order to transform data to analyze trends and make inferences and predictions.(7) Data literacy, management, and representation--communicate and publish results. The student creates digital products to communicate data to an audience for an intended purpose. The student is expected to use digital tools to communicate and display data from a product or process to inform or persuade an intended audience.(8) Digital citizenship--social interactions. The student understands different styles of digital communication and that a student's actions online can have a long-term impact. The student is expected to:(A) classify actions as having a positive or negative effect on a digital footprint;(B) create and revise formal and informal communications using a feedback process and appropriate digital etiquette; and(C) collaborate on digital platforms such as recording a video conference presentation using appropriate formal and informal digital etiquette.(9) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) adhere to local acceptable use policy (AUP) and practice and model safe, ethical, and positive online behaviors;(B) explain the importance of intellectual property laws, including the benefits of protection for content owners, and the consequences of violating these laws;(C) create citations and cite sources for a variety of digital forms of intellectual property; and(D) evaluate how various types of media, including social media, and technology can be used to exaggerate and misrepresent information.(10) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) describe and model ways to protect oneself from real-world cybersecurity attacks; and(B) analyze the negative impacts of cyberbullying on the victim and the bully.(11) Practical technology concepts--processes. The student evaluates and selects appropriate methods or techniques for an independent project and identifies and solves common hardware and software problems using troubleshooting strategies. The student is expected to choose a variety of digital tools to create, share, and communicate digital artifacts.(12) Practical technology concepts--skills and tools. The student leverages technology systems, concepts, and operations to produce digital artifacts. The student is expected to:(A) demonstrate proficiency in the appropriate use of technology terminology in projects through team collaboration and communication;(B) demonstrate effective file management strategies such as file naming conventions, local and remote locations, backup, hierarchy, folder structure, file conversion, tags, and emerging digital organizational strategies with assistance;(C) select and use appropriate platform and tools, including selecting and using software or hardware for a defined task;(D) demonstrate improvement in speed and accuracy as measured by words per minute when applying correct keyboarding techniques;(E) select and use appropriate shortcuts within applications;(F) research and test potential solutions to solve hardware and software problems;(G) use a variety of types of local and remote data storage to store or share data such as cloud architecture or local server; and(H) select and use productivity tools found in spread sheet, word processing, and publication applications to create digital artifacts such as reports, graphs, and charts with increasing complexity.</content><note type="source"><p>Source Note: The provisions of this §126.18 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c126/scB/s126.19"><num value="126.19">§126.19</num><heading>Technology Applications, Grade 8, Adopted 2022</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(1) No later than August 1, 2024, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills identified in this section.(2) If the commissioner makes the determination that instructional materials funding has been made available this section shall be implemented beginning with the 2024-2025 school year and apply to the 2024-2025 and subsequent school years.(3) If the commissioner does not make the determination that instructional materials funding has been made available under this subsection, the commissioner shall determine no later than August 1 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that this section shall be implemented for the following school year.(b) Introduction.(1) Technology includes data communication, data processing, and the devices used for these tasks locally and across networks. Learning to apply these technologies motivates students to develop critical-thinking skills, higher-order thinking, and innovative problem solving. Technology applications incorporates the study of digital tools, devices, communication, and programming to empower students to apply current and emerging technologies in their careers, their education, and beyond.(2) The technology applications Texas Essential Knowledge and Skills (TEKS) consist of five strands that prepare students to be literate in technology applications by Grade 8: computational thinking; creativity and innovation; data literacy, management, and representation; digital citizenship; and practical technology concepts. Communication and collaboration skills are embedded across the strands.(A) Computational thinking. Students break down the problem-solving process into four steps: decomposition, pattern recognition, abstraction, and algorithms.(B) Creativity and innovation. Students use innovative design processes to develop solutions to problems. Students plan a solution, create the solution, test the solution, iterate, and debug the solution as needed, and implement a completely new and innovative product.(C) Data literacy, management, and representation. Students collect, organize, manage, analyze, and publish various types of data for an audience.(D) Digital citizenship. Students practice the ethical and effective application of technology and develop an understanding of cybersecurity and the impact of a digital footprint to become safe, productive, and respectful digital citizens.(E) Practical technology concepts. Students build their knowledge of software applications and hardware focusing on keyboarding and use of applications and tools. Students also build their knowledge and use of technology systems, including integrating the use of multiple applications.(3) The technology applications TEKS can be integrated into all content areas and can support stand-alone courses. Districts have the flexibility of offering technology applications in a variety of settings, including through a stand-alone course or by integrating the technology applications standards in the essential knowledge and skills for one or more courses or subject areas.(4) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Computational thinking--foundations. The student explores the core concepts of computational thinking, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) decompose real-world problems into structured parts using pseudocode;(B) analyze the patterns and sequences found in pseudocode and identify its variables;(C) practice abstraction by developing a generalized algorithm that can solve different types of problems;(D) design a plan collaboratively using pseudocode to document a problem, possible solutions, and an expected timeline for the development of a coded solution;(E) develop, compare, and improve algorithms for a specific task to solve a problem; and(F) analyze the benefits of using iteration (code and sequence repetition) in algorithms.(2) Computational thinking--applications. The student applies the fundamentals of computer science. The student is expected to:(A) construct named variables with multiple data types and perform operations on their values;(B) use a software design process to create text-based programs with nested loops that address different subproblems within a real-world context; and(C) modify and implement previously written code to develop improved programs.(3) Creativity and innovation--innovative design process. The student takes an active role in learning by using a design process and creative thinking to develop and evaluate solutions, considering a variety of local and global perspectives. The student is expected to:(A) demonstrate innovation in a design process using goal setting and personal character traits, including demonstrating calculated risk-taking and tolerance;(B) discuss and implement a design process that includes planning, selecting digital tools to develop, test, and evaluate design limitations, and refining a prototype or model; and(C) identify how the design process is used in various industries.(4) Creativity and innovation--emerging technologies. The student demonstrates a thorough understanding of the role of technology throughout history and its impact on societies. The student is expected to:(A) evaluate how changes in technology throughout history have impacted various areas of study;(B) evaluate and predict how global trends impact the development of technology; and(C) transfer current knowledge to the learning of newly encountered technologies.(5) Data literacy, management, and representation--collect data. The student uses advanced digital strategies to collect and represent data. The student is expected to:(A) compare and contrast data types, including binary, integers, real numbers, Boolean data, and text-based representations; and(B) apply appropriate search strategies, including keywords, Boolean operators, and limiters, to achieve a specified outcome that includes a variety of file formats.(6) Data literacy, management, and representation--organize, manage, and analyze data. The student uses digital tools to transform data, make inferences, and predictions. The student is expected to use digital tools in order to transform data, analyze trends, and predict possibilities and develop steps for the creation of an innovative process or product.(7) Data literacy, management, and representation--communicate and publish results. The student creates digital products to communicate data to an audience for an intended purpose. The student is expected to use digital tools to communicate and publish data from a product or process to persuade an intended audience.(8) Digital citizenship--social interactions. The student understands different styles of digital communication and that a student's actions online can have a long-term impact. The student is expected to:(A) analyze the importance of managing a digital footprint and how a digital footprint can affect the future;(B) create and publish a formal digital communication for a global audience using appropriate digital etiquette; and(C) collaborate and publish for a global audience on digital platforms such as recording and editing videos using appropriate formal and informal digital etiquette.(9) Digital citizenship--ethics and laws. The student recognizes and practices responsible, legal, and ethical behavior while using digital tools and resources. The student is expected to:(A) adhere to local acceptable use policy (AUP) and practice and advocate for safe, ethical, and positive online behaviors;(B) adhere to appropriate intellectual property law when creating digital products;(C) create citations and cite sources for a variety of digital forms of intellectual property; and(D) evaluate the bias of digital information sources, including websites.(10) Digital citizenship--privacy, safety, and security. The student practices safe, legal, and ethical digital behaviors to become a socially responsible digital citizen. The student is expected to:(A) analyze real-world scenarios to identify cybersecurity threats and propose ways to prevent harm; and(B) evaluate scenarios or case studies to identify warning signs of a cyberbullying victim such as withdrawal or lack of sleep and predict the outcomes for both the victim and the bully.(11) Practical technology concepts--processes. The student evaluates and selects appropriate methods or techniques for an independent project and identifies and solves common hardware and software problems using troubleshooting strategies. The student is expected to:(A) combine various file formats for a specific project or audience; and(B) share and seek feedback on files in various formats, including text, raster and vector graphics, video, and audio files.(12) Practical technology concepts--skills and tools. The student leverages technology systems, concepts, and operations to produce digital artifacts. The student is expected to:(A) integrate use of appropriate technology terminology in scholarly inquiry and dialogue such as classroom discussion and written samples;(B) implement effective file management strategies independently, including file naming conventions, local and remote locations, backup, hierarchy, folder structure, file conversion, tags, and emerging digital organizational strategies;(C) select and use appropriate platform and tools, including selecting and using software or hardware to transfer data;(D) demonstrate improvement in speed and accuracy as measured by words per minute when applying correct keyboarding techniques;(E) select and use appropriate shortcuts within applications;(F) apply appropriate troubleshooting techniques and seek technical assistance as needed;(G) compare types of local and remote data storage such as cloud architecture or local server and select the appropriate type of storage to store and share data; and(H) select and use productivity tools found in spread sheet, word processing, and publication applications to create digital artifacts, including reports, graphs, and charts, with increasing complexity.</content><note type="source"><p>Source Note: The provisions of this §126.19 adopted to be effective August 7, 2022, 47 TexReg 4518.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c127"><num value="127">CHAPTER 127</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR CAREER DEVELOPMENT AND CAREER AND TECHNICAL EDUCATION</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scA"><num value="A">SUBCHAPTER A</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scA/s127.2"><num value="127.2">§127.2</num><heading>Career and College Exploration</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(b) General requirements. This course is recommended for students in Grades 7 and 8.(c) Introduction.(1) Career and technical education (CTE) instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) Career development is a lifelong pursuit of answers to the questions: Who am I? Why am I here? What am I meant to do with my life? Will my desired career path provide a self-sufficient wage? What occupations are in the highest demand that align to my values and interests? It is vital that students have a clear sense of direction for their career choice. Education and career planning is a critical step and is essential to success.(3) The career development process is unique to every person and evolves throughout one's life. In Flight Plans, students use decision-making and problem-solving skills for individual career and academic planning. Students explore valid, reliable educational and career information to learn more about themselves and their interests and abilities. Students integrate skills from academic subjects, information technology, and interpersonal communication to make informed decisions. This course is designed to guide students through the process of investigating and developing a college and career readiness flight plan. Students use aptitude and interest inventory assessments, software, or other tools available to explore college and career areas of personal interest. Students use this information to explore a variety of career paths, especially those in demand, and begin mapping their anticipated secondary coursework and potential postsecondary experiences that are in alignment with their goals.(4) The goal of this course is to help students build career awareness and engage in deep exploration and study of the Texas CTE career clusters to create a foundation for success in high school, possible postsecondary studies, and careers. Students research labor market information, learn job-seeking skills, and create documents required for employment.(5) Students are encouraged to explore and participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student takes one or more career interest surveys, aptitude tests, or career assessments and explores various college and career options. The student is expected to:(A) analyze and discuss the initial results of the assessments;(B) explore and describe the CTE career clusters;(C) identify various career opportunities within one or more career clusters; and(D) research and evaluate emerging occupations related to career interest areas.(2) The student investigates educational and training requirements for career and education pathways in one or more of the career clusters. The student is expected to:(A) research and describe applicable academic, technical, certification, and training requirements for one or more of the careers in an identified career cluster; and(B) use available resources to research and evaluate educational and training options for one or more of the careers in an identified career cluster.(3) The student analyzes educational and career opportunities. The student is expected to:(A) describe academic requirements for transitioning from middle school to high school and from high school to career or postsecondary education;(B) explore and list opportunities for earning college credit in high school such as Advanced Placement examinations, International Baccalaureate examinations, dual credit courses, and local and statewide articulated credit courses;(C) investigate and describe various methods available to pay for college and other postsecondary training, including financial aid, scholarships, college savings, employee benefits, and other sources of income;(D) discuss the impact of effective college and career planning;(E) identify how performance on assessments such as the PSAT/NMSQT®, SAT®, ACT®, ASVAB®, and Texas Success Initiative (TSI®) impact personal academic and career goals;(F) investigate and describe the importance of co-curricular, extracurricular, career preparation, and extended learning experiences in developing college applications or resumes;(G) investigate and report on the steps required to participate or enroll in a variety of career and educational opportunities, including entry-level employment, military service, apprenticeships, community and technical colleges, and universities, as applicable to the career;(H) identify professional associations affiliated with a particular career pathway; and(I) define entrepreneurship and identify entrepreneurial opportunities within a field of personal interest.(4) The student develops skills for personal success. The student is expected to:(A) demonstrate effective time-management and goal-setting strategies;(B) identify skills that can be transferable among a variety of careers;(C) give oral professional presentations on a topic related to career and college exploration using appropriate technology;(D) apply core academic skills to meet personal, academic, and career goals;(E) explain the value of community service and volunteerism; and(F) define and identify examples in the workplace of characteristics required for personal and professional success such as work ethic, integrity, dedication, and perseverance.(5) The student investigates labor market information and recognizes the impact of college and career choices on personal lifestyle. The student is expected to:(A) analyze labor market trends related to a career of interest;(B) classify evidence of high-skill, high-wage, or high-demand occupations based on analysis of labor market information;(C) analyze the effects of changing employment trends, societal needs, and economic conditions on career choices;(D) prepare a personal budget reflecting the student's desired lifestyle; and(E) use resources to compare salaries of at least three careers in the student's interest area.(6) The student investigates job-seeking skills. The student is expected to:(A) identify the steps of an effective job search;(B) describe appropriate appearance for an interview; and(C) participate in a mock interview.(7) The student creates professional documents required for employment. The student is expected to:(A) write a resume;(B) write appropriate business correspondence such as a cover letter and a thank you letter;(C) complete sample job applications; and(D) explain protocol for selecting and using references.(8) The student creates an individual career and academic plan. The student is expected to:(A) select a career pathway in a desired field, such as military service, entrepreneurship, or industry;(B) document high school courses and postsecondary educational requirements for that career pathway; and(C) write a plan for starting one's career after the completion of high school and any post-secondary education.</content><note type="source"><p>Source Note: The provisions of this §127.2 adopted to be effective August 1, 2023, 48 TexReg 2940.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scB"><num value="B">SUBCHAPTER B</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.13"><num value="127.13">§127.13</num><heading>Applied Mathematics for Technical Professionals (One Credit), Adopted 2015</heading><content>(a) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisites: Algebra I and Geometry. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(b) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(3) Career development is a lifelong pursuit of answers to the questions: Who am I? Why am I here? What am I meant to do with my life? It is vital that students have a clear sense of direction for their career choice. Career planning is a critical step and is essential to success.(4) Applied Mathematics for Technical Professionals uses problem-solving situations, hands-on activities, and technology to extend mathematical thinking and engage student reasoning. Situations relating to technical applications provide students opportunities to make connections with mathematics and the workplace. In addition, students will learn the skills necessary to communicate using mathematics. Hands-on activities will allow students to model, explore, and develop abstract concepts applicable to technical careers. (Essential to this course is the partnership between mathematics and technical teachers.)(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student uses mathematical concepts of algebra to explain linear and non-linear applications in business and industry situations. The student is expected to:(A) calculate rise and run such as the rise and run of stair stringers or roof pitch;(B) distinguish the purpose and difference of a linear and non-linear increase and decrease of a variable with time such as cost or profit;(C) write systems of equations and inequalities from real-life situations that compare "best deal opportunities" with profit and expenses in businesses;(D) use linear programing to maximize or minimize linear objective function in real-life situations and determine the reasonableness of solutions;(E) express numbers as powers of 10 in business and industry settings;(F) determine the powers and roots of numbers;(G) apply compound interest formulas related to operating a business; and(H) use exponential decay models to determine the depreciation on equipment used in business and industry and explain the meaning of models.(3) The student applies geometric concepts to real-world problems in technical situations. The student is expected to:(A) identify various geometric figures in order to identify what formulas are needed to solve situational problems;(B) compute measurements such as area, surface area, volume, perimeter, and circumference in order to prepare engineering drawings for projects;(C) use trigonometric functions such as sine, cosine, tangent, cotangent, cosecant, and secant to calculate angles and length of sides;(D) apply Heron's formula for finding areas of triangles when the height is not known;(E) determine how changing dimensions will affect the perimeter, area, surface area, or volume in a project;(F) determine how angles will affect structural strength and stability;(G) apply right triangle relationships using the Pythagorean Theorem, special right triangles, and trigonometry for roof construction, building the frame of a car, or calculating machined parts;(H) determine the materials needed for a job or project by finding missing parts of a circle;(I) draw orthographic and isometric views and use them to produce engineering drawings;(J) use cross-sections, including conic sections, of three-dimensional figures to relate to plane figures in specific detail on an engineered drawing; and(K) explain and use auxiliary views, revolutions, intersections, and engineered drawings.(4) The student applies measurement to all aspects of business and industry occupations. The student is expected to:(A) use dimensional analysis to select an appropriate tool to make measurements;(B) apply accurate readings of both U.S. customary and metric measuring devices to a problem situation;(C) square, measure, and cut materials to specified dimensions;(D) draw segments to scale using an accurate scale and measure segments that are drawn to scales;(E) convert temperature values between Celsius and Fahrenheit in situations involving thermodynamics; and(F) determine length, distance, area, surface area, volume, and weight with appropriate unit labels.(5) The student uses mathematical processes with graphical and numerical techniques to study patterns and analyze data related to finance. The student is expected to:(A) use rates and linear functions to solve problems involving finance and budgeting, including compensations and deductions;(B) solve problems related to local, state, and federal taxes;(C) analyze data to make decisions about banking and finance;(D) use mathematical processes with algebraic formulas, numerical techniques, and graphs to solve problems related to job cost analysis;(E) identify what parameters to change such as cost of materials, cost of labor, and work time required to improve the overall cost of a project; and(F) identify the most reasonable mathematical solution using estimation.(6) The student applies mathematical processes to design a study and use graphical, numerical, and analytical techniques to communicate the results. The student is expected to:(A) interpret and present situations in terms of given graphs and that fit graphics;(B) apply Ohm's Law and Kirchhoff's laws to troubleshoot electrical circuits;(C) collect and organize data; make and interpret scatterplots; and model, predict, and make decisions and critical judgments; and(D) prepare technical reports and presentations with visual media or models, including tables, graphs, and verbal descriptions.(7) The student applies mathematical principles of manufacturing processes. The student is expected to:(A) identify the line types used on engineering drawings;(B) identify selected symbols commonly used on engineering drawings;(C) identify the components of engineering drawings;(D) read, interpret, and create engineering drawings; and(E) use proper nomenclature when identifying engineering or manufacturing processes.</content><note type="source"><p>Source Note: The provisions of this §127.13 adopted to be effective August 28, 2017, 40 TexReg 6588.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.15"><num value="127.15">§127.15</num><heading>Career and Technical Education Employability Skills</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. These standards may not be offered as a standalone course. These standards shall be offered together with the essential knowledge and skills for career and technical education (CTE) courses in this chapter.(c) Introduction. (1) CTE instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions.(2) The goal of the employability skills standards is to ensure that students develop essential skills for effective performance in the workplace, regardless of the occupation. (3) These standards are required to be addressed in their entirety as part of each CTE course based on the level of the course in a CTE program of study.(A) CTE courses identified as Level 1 or Level 2 courses in a CTE program of study must address the employability skills standards identified in subsection (d)(1) of this section.(B) CTE courses identified as Level 3 or Level 4 courses in a CTE program of study must address the employability skills standards identified in subsection (d)(2) of this section.(4) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills. (1) Employability skills--Levels 1 and 2. In a CTE course identified as a Level 1 or Level 2 course in a CTE program of study, the student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) explain the importance of dressing appropriately, speaking politely, and conducting oneself in a manner appropriate for the profession and work site;(B) describe teamwork, group dynamics, and conflict resolution and how they can impact the collective outcome;(C) present written and oral technical communication in a clear, concise, and effective manner for a variety of purposes and audiences;(D) identify time-management skills such as prioritizing tasks, following schedules, and tending to goal-relevant activities and how these practices optimize efficiency and results;(E) define work ethic and discuss the characteristics of a positive work ethic, including punctuality, dependability, reliability, and responsibility for reporting for duty and performing assigned tasks;(F) demonstrate respect for differences in the workplace;(G) identify the importance and benefits of meritocracy, a hard work ethic, and equal opportunity in the workplace;(H) identify consequences relating to discrimination and harassment;(I) demonstrate knowledge of personal and occupational health and safety practices, including first aid, in the workplace;(J) describe the roles and responsibilities of managers;(K) identify career development and entrepreneurship opportunities in the field;(L) identify appropriate training, education, or certification in the field; and(M) identify legal and ethical responsibilities in relation to the field.(2) Employability skills--Levels 3 and 4. In a CTE course identified as a Level 3 or Level 4 course in a CTE program of study, the student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) demonstrate dressing appropriately, speaking politely, and conducting oneself in a manner appropriate for the profession and work site;(B) analyze how teams can produce better outcomes through cooperation, contribution, and collaboration from members of the team;(C) present written and oral technical communication in a clear, concise, and effective manner for a variety of purposes and audiences, including explaining and justifying decisions;(D) use time-management skills independently and in groups to prioritize tasks, follow schedules, and tend to goal-relevant activities in a way that optimizes efficiency and results;(E) describe the importance of and demonstrate punctuality, dependability, reliability, and responsibility in reporting for duty and performing assigned tasks as directed;(F) demonstrate respect for differences in the workplace;(G) identify the importance and benefits of meritocracy, a hard work ethic, and equal opportunity in the workplace;(H) identify consequences relating to discrimination and harassment;(I) demonstrate knowledge of personal and occupational health and safety, applicable regulations, and first aid in the workplace and discuss why it is critical for employees and employers to maintain a safe work environment;(J) compare skills and characteristics of managers and leaders in the workplace; and(K) identify career development opportunities in the field:(i) education and training;(ii) credentialing; (iii) internships and apprenticeships; and (iv) entrepreneurship opportunities; and(L) demonstrate an understanding of legal and ethical responsibilities in relation to the field.</content><note type="source"><p>Source Note: The provisions of this §127.15 adopted to be effective July 31, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.17"><num value="127.17">§127.17</num><heading>Career and Technical Education Standards in Occupational Safety and Health, Adopted 2023</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(b) General requirements. These standards may not be offered as a standalone course. These standards shall be offered together with the essential knowledge and skills for the following career and technical education (CTE) courses:(1) Construction Technology I;(2) Electrical Technology I;(3) Plumbing Technology I;(4) HVAC Technology I;(5) Masonry Technology I;(6) Agriculture Mechanics and Metal Technology;(7) Welding I;(8) Metal Fabrication and Machining I;(9) Oil and Gas Production II; and(10) Introduction to Culinary Arts.(c) Introduction.(1) CTE instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, Occupational Safety and Health Administration (OSHA) regulations, and college and career readiness skills for students to further their education and succeed in current and emerging professions.(2) The goal of the occupational safety and health standards is to ensure that students develop safety consciousness in the workplace. Students build a strong foundation in the occupational safety and health concepts that are critical to protecting individuals in the workplace, increasing safety and health, and reducing the occurrence of job-related injuries and fatalities.(3) These standards are required to be addressed in their entirety as part of each of the CTE principles courses identified in subsection (b) of this section.(4) Successful completion of the standards may lead to a student earning a ten-hour general industry OSHA card. To earn the ten-hour OSHA card, the content must be taught by an authorized OSHA outreach training program trainer.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills. The student understands the foundations of occupational safety and health. The student is expected to:(1) explain and discuss the responsibilities of workers and employers to promote safety and health in the workplace and the rights of workers to a secure workplace;(2) explain and discuss the importance of OSHA standards and OSHA requirements for organizations, how OSHA inspections are conducted, and the role of national and state regulatory entities;(3) explain the role industrial hygiene plays in occupational safety and explain various types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(4) identify and explain the appropriate use of types of personal protective equipment used in industry;(5) discuss the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(6) describe types of electrical hazards in the workplace and the risks associated with these hazards and describe control methods to prevent electrical hazards in the workplace;(7) analyze the hazards of handling, storing, using, and transporting hazardous materials and identify and discuss ways to reduce exposure to hazardous materials in the workplace;(8) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and discuss how these resources are used to make decisions in the workplace;(9) describe the elements of a safety and health program, including management leadership, worker participation, and education and training;(10) explain the purpose and importance of written emergency action plans and fire protection plans and describe key components of each such as evacuation plans and emergency exit routes, list of fire hazards, and identification of emergency personnel;(11) explain the components of a hazard communication program; and(12) explain and give examples of safety and health training requirements specified by standard setting organizations.</content><note type="source"><p>Source Note: The provisions of this §127.17 adopted to be effective September 10, 2023, 48 TexReg 4851.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.18"><num value="127.18">§127.18</num><heading>Scientific Research and Design (One Credit), Adopted 2024</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Biology, and one credit of the following: Physics for Engineering, Chemistry, Integrated Physics and Chemistry (IPC), or Physics. Students must meet the 40% laboratory and fieldwork requirement. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course. Students may take this course with different course content for a maximum of three credits.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) Scientific Research and Design allows districts and schools flexibility to develop local curriculum to supplement a program of study or coherent sequence. The course has the components of any rigorous scientific or career and technical education (CTE) program of study, including problem identification, investigation design, data collection, data analysis, formulation, and presentation of conclusions. These components are integrated with the CTE emphasis of helping students gain entry-level employment in high-skill, high-wage jobs and/or continue their education.(3) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not scientifically testable.(4) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(5) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(6) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(7) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(8) Students are encouraged to participate in extended learning experiences such as career and technical student organizations, other organizations that foster leadership and career development in the profession such as student chapters of related professional associations, or practical, hands-on activities or experiences through which a learner interacts with industry professionals in a workplace, which may be an in-person, virtual, or simulated setting. Learners prepare for employment or advancement along a career pathway by completing purposeful tasks that develop academic, technical, and employability skills.(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as measurement and data collection tools, software, sensors, probes, microscopes, cameras, and glassware;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using notebooks, journals, graphs, charts, tables, spreadsheets, and drawings and models;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors to investigate science, technology, engineering, and mathematics careers.(5) The student develops a proposal that centers around a scientific or engineering topic or problem within a specific program of study or area of interest. The student is expected to:(A) establish a rationale and preliminary set of ideas for a research question or questions using organizational tools, collaboration, or research;(B) perform a literature review and evaluate several examples related to the project;(C) refine a research question by interacting with professionals in the field of study and document the conversations;(D) distinguish between descriptive, comparative, or experimental research design methodologies;(E) develop a research question or questions that are testable and measurable;(F) justify in writing the significance and feasibility of the project;(G) generate a materials list and propose a cost analysis; and(H) use the citation style appropriate to the field of study throughout the documentation.(6) The student formulates hypotheses to guide experimentation and data collection independently or in a team that centers around a scientific or engineering topic or problem within a specific program of study or area of interest. The student is expected to:(A) perform background research on the selected investigative problem;(B) examine hypotheses generated to guide a research process by evaluating the merits and feasibility of the hypotheses; and(C) identify the control, independent variable, and dependent variables within the research and justify the purpose of each.(7) The student develops, implements, and collects data for their investigative designs that centers around a scientific or engineering topic or problem within a specific program of study or area of interest. The student is expected to:(A) write the procedure of the experimental design, including a schematic of the lab, materials, set up, ethical considerations, and safety protocols;(B) conduct the experiment with the independent and dependent variables;(C) acquire data using appropriate equipment and technology; and(D) record observations as they occur within an investigation, including qualitative and quantitative observations such as journals, photographic evidence, logs, tables, and charts.(8) The student organizes and evaluates qualitative and quantitative data obtained through experimentation that centers around a scientific or engineering topic or problem within a specific program of study or area of interest. The student is expected to:(A) manipulate data by constructing charts, data tables, or graphs using technology to organize information collected in an experiment;(B) identify sources of random error and systematic error and differentiate between both types of error;(C) report error of a set of measured data in various formats such as standard deviation and percent error; and(D) analyze data using statistical methods to recognize patterns, trends, and proportional relationships.(9) The student knows how to synthesize valid conclusions from qualitative and quantitative data that centers around a scientific or engineering topic or problem within a specific program of study or area of interest. The student is expected to:(A) justify conclusions that are supported by research data;(B) consider and summarize alternative explanations for observations and results; and(C) identify limitations within the research process and provide recommendations for additional research.(10) The student communicates clearly and concisely to an audience of professionals conclusions that center around a scientific or engineering topic or problem within a specific program of study or area of interest. The student is expected to:(A) develop a plan of action on how to present to a target audience;(B) review artifacts used in the communication of the presentation for errors, grammar, professional standards, and citations;(C) develop a professional collection or portfolio of work that includes artifacts such as a journal, proposal, written procedures, methodology, iterations, interviews and check ins with professionals, changes within the experiment, and photographic evidence;(D) practice a professional presentation with peers and educators using a rubric to measure content, skill, and performance;(E) incorporate feedback provided by a review panel to document for future improvements or changes; and(F) communicate data analysis and experimental results of original findings of a research project clearly to an audience of professionals.</content><note type="source"><p>Source Note: The provisions of this §127.18 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.19"><num value="127.19">§127.19</num><heading>Career and Technical Education Project-Based Capstone (One Credit), Adopted 2023</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Students shall be awarded one credit for successful completion of this course. Students may repeat this course with different course content for up to three credits.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) In Career and Technical Education Project-Based Capstone, students independently or collaboratively investigate real-world problems, issues, or interests. This course applies to a variety of career and technical education career clusters and programs of study.(3) Career and Technical Education Project-Based Capstone is a course designed for students to develop and enhance essential skills while investigating real-world problems, issues, or interests. Students work independently or collaboratively with others within or across career clusters or programs of study. Students partner with mentor(s) or advisor(s) to develop a project. Students conduct research, compile findings, implement project activities appropriate to student contribution, and present their work to a relevant audience that may include industry experts. To attain academic success, students must have opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings to become productive and contributing members of society.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student investigates independently or collaboratively a problem, issue, or interest within a selected profession or across disciplines to develop an independent or a collaborative project. The student is expected to:(A) research and select a problem, issue, or interest within a selected profession or across disciplines for a personal enrichment or career development project;(B) develop a problem statement, thesis statement, research question, or value proposition statement;(C) identify and select a design or research process such as engineering design process, design thinking model, scientific discovery, or other industry-standard methodology;(D) identify and select an appropriate audience for a problem, issue, or interest;(E) identify key factors such as cost, feasibility, or time constraints necessary for successful development and implementation of a solution or plan; and(F) identify key resources such as financial, intellectual, physical, human, and digital resources needed for development and implementation of a plan.(2) The student identifies and develops key partnerships related to a problem, issue, or interest under the supervision of one or more mentors or advisors. The student is expected to:(A) identify key stakeholders;(B) research and select appropriate mentor(s) or advisor(s); and(C) recruit appropriate collaborators, partners, or contributors.(3) The student determines timeline goals for project completion and appropriate benchmarks to measure progress and success of a project. The student is expected to:(A) identify and use effective communication strategies to use with mentor(s) or advisor(s) to provide updates and status reports;(B) research and identify key performance indicators (KPI) that demonstrate successful progress of a project; and(C) select appropriate method(s) to benchmark measurement of KPI such as a Gantt chart.(4) The student develops a project management timeline for deliverables. The student is expected to:(A) define the key activities necessary for successful implementation of a project;(B) identify deliverable dates for key activities to support completion of a project within an established timeline; and(C) develop and execute a plan to monitor and complete key deliverables.(5) The student creates a risk analysis for a project. The student is expected to:(A) identify potential risks such as financial, economic, regulatory, ethical, environmental, or legal risks associated with the design and implementation of the project and the end product; and(B) evaluate and select methods to mitigate potential risks associated with a project.(6) The student identifies necessary approvals required for a project. The student is expected to:(A) research and identify approval processes necessary to implement a project;(B) prepare and present a proposal for project approval; and(C) review feedback and revise an original proposal for a project as needed.(7) The student implements a project that meets standards recognized within a selected profession or across disciplines. The student is expected to:(A) complete a project plan that includes problem statement, thesis statement, research question, or value proposition statement; key partners; measurables; deliverables; risk analyses; and approvals;(B) implement a plan for project completion;(C) monitor and evaluate the progress of a project plan to determine whether modifications or changes are necessary;(D) document all phases of a project plan; and(E) report periodically on the progress of a project plan.(8) The student demonstrates an understanding of a selected problem, issue, or interest by explaining or justifying findings to an appropriate audience for public comment or professional response. The student is expected to:(A) identify an appropriate audience and coordinate the presentation of findings related to a selected problem, issue, or interest;(B) present findings in a professional manner such as using concise language, engaging content, relevant media, and clear speech;(C) evaluate feedback received from a presentation;(D) evaluate the project's potential impact(s) on the identified problem, issue, or interest; and(E) analyze and report on personal learning experiences such as essential skills gained, areas of personal growth, and challenges encountered throughout the project.</content><note type="source"><p>Source Note: The provisions of this §127.19 adopted to be effective February 13, 2024, 49 TexReg 696.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.20"><num value="127.20">§127.20</num><heading>Career Preparation General (Two Credits), Adopted 2023</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisite: at least one credit in a career and technical education course. Students shall be awarded two credits for successful completion of this course. This course may be related to or outside the student's program of study.(1) A student may repeat this course one time for credit provided that the student is experiencing different aspects of an industry and demonstrating proficiency in additional and more advanced knowledge and skills.(2) A student may not earn more than six credits for any combination of career preparation courses selected from Career Preparation General, Career Preparation for Programs of Study, and Extended Career Preparation.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) Career planning is a critical step and is essential to success. Applying to multiple career and technical education clusters, the career preparation courses provide students with a framework for current employment and future career opportunities to become productive and contributing members of society.(3) Career Preparation General provides opportunities for students to participate in a work-based learning environment that incorporates continuous collaborative feedback between the employer, teacher, and student. This course combines classroom instruction with business and industry employment experiences that may be outside the student's current program of study. The goal is for students to obtain entry-level employment developing a variety of skills for obtaining and maintaining employment. Career preparation is relevant and rigorous, supports student attainment of academic standards, and effectively prepares students for college and career success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional employability skills to gain an entry-level position. The student is expected to:(A) identify different methods to gain employment such as employer websites, job search engines, business locations, networking, and local open forums for job opportunities;(B) identify and demonstrate essential workplace skills such as eye contact, professional greetings, punctuality, appropriate dress, and effective communication to gain employment;(C) develop a cover letter and create a resume, curriculum vitae (CV), or portfolio;(D) demonstrate proper interview techniques in a variety of situations;(E) create pre-employment documents, including thank you letters, and post-employment documents, including a resignation letter with customary notice provisions;(F) complete appropriate employment documents, including application, offer letter, I-9 form, and W-4 form; and(G) describe the benefits of having a job and being self-sufficient.(2) The student develops essential skills necessary for success in the workplace. The student is expected to:(A) identify and model appropriate hygiene, grooming, and attire for various workplaces;(B) demonstrate professionalism by being dependable, working hard, respecting authority, solving problems, taking initiative, communicating effectively, listening actively, and resolving conflicts;(C) model appropriate workplace etiquette in physical and digital environments;(D) demonstrate accountability by working with other employees to support the organization, completing assigned tasks and taking responsibility for mistakes; and(E) demonstrate time management, including prioritizing work to fulfill responsibilities and meeting deadlines.(3) The student applies academic skills to the workplace. The student is expected to:(A) apply appropriate industry-specific mathematical skills;(B) develop and analyze a personal budget for a variety of economic situations such as part-time and full-time employment;(C) interpret data from industry-specific tables, charts, and graphs to find solutions to problems;(D) organize, write, and curate industry-specific documents and electronic communication using appropriate language;(E) interpret and calculate information included in an earnings statement, including wages, Federal Insurance Contributions Act (FICA) deductions, taxes, and other benefits such as tips earned; and(F) explain how debt affects financial stability.(4) The student exemplifies appropriate interpersonal skills in the workplace. The student is expected to:(A) explain how interpersonal skills affect human relations on the job;(B) differentiate between characteristics of successful and non-successful working relationships;(C) explain the importance of respecting the rights of others;(D) explain how different personalities, experiences, and workstyles of employees can affect the workplace; and(E) demonstrate professional verbal and nonverbal communication, including proper phone usage, body language, and interactions with customers and coworkers in person and online.(5) The student applies ethical codes of conduct and legal responsibilities within school and the workplace. The student is expected to:(A) research and explain workplace policies and procedures related to absence reporting, employee theft, sexual harassment, recognized holidays, workplace safety, acceptable use policy, jury duty, attendance and punctuality, drug-free workplace, and related consequences;(B) demonstrate responsible behavior by following applicable workplace and school codes of conduct with integrity;(C) discuss the importance of ethical behavior in the workplace such as treating others with respect, being honest, working to full potential, and developing a quality work product;(D) summarize the importance of the Fair Labor Standards Act;(E) describe the potential consequences of violating privacy laws related to Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), and Children's Online Privacy Protection Rule (COPPA);(F) research and explain the origins and legislative intent of the Civil Rights Act of 1964, Title VII, and the Education Amendments of 1972, Title IX, and the rights and responsibilities established by these laws; and(G) research and describe laws and regulations related to a student's employment or a chosen industry or career.(6) The student applies concepts and skills related to safety in the workplace. The student is expected to:(A) identify and demonstrate safe working practices in the workplace;(B) identify and illustrate solutions related to unsafe work practices;(C) explain the importance of Occupational Safety and Health Administration regulations in the workplace; and(D) describe physical health and mental wellness practices that influence job performance.(7) The student evaluates personal attitudes, work habits, and skills that support job retention and advancement. The student is expected to:(A) identify and develop effective leadership skills through participation in activities such as career and technical student organizations;(B) identify appropriate certifications in the current employment position or desired occupational area;(C) compare rewards and demands associated with various levels of employment in a variety of careers;(D) investigate and compare career options by completing interest surveys, career aptitude tests, and skill inventories;(E) generate short- and long-term Specific, Measurable, Attainable, Realistic, Time-Bound (SMART) goals for personal and career growth;(F) research and explain methods for developing a growth mindset;(G) summarize how to appropriately self-advocate in the workplace; and(H) explain the impact of an employee self-evaluations, management performance evaluations, and employee feedback responses on personal job growth.(8) The student identifies skills and attributes necessary for professional success. The student is expected to:(A) evaluate and compare career options, including salaries and benefits;(B) describe how interests, abilities, personal priorities, and family responsibilities affect career choices;(C) identify continuing education opportunities that enhance career advancement and promote lifelong learning;(D) analyze the future employment outlook in an occupational area of interest;(E) describe entrepreneurial opportunities in an occupational area of interest; and(F) evaluate strategies for career retention and advancement in response to the changing global workforce.</content><note type="source"><p>Source Note: The provisions of this §127.20 adopted to be effective February 13, 2024, 49 TexReg 696.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.21"><num value="127.21">§127.21</num><heading>Career Preparation for Programs of Study (Two Credits), Adopted 2023</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: at least one Level 2 or higher career and technical education course. Students shall be awarded two credits for successful completion of this course.(1) A student's employment experience connected with this course must be related to the student's program of study.(2) A student may repeat this course one time for credit provided that the student is experiencing different aspects of an industry and demonstrating proficiency in additional and more advanced knowledge and skills.(3) A student may not earn more than six credits for any combination of career preparation courses selected from Career Preparation General, Career Preparation for Programs of Study, and Extended Career Preparation.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) Career planning is a critical step and is essential to success. Applying to multiple career and technical education clusters, the career preparation courses provide students with a framework for current employment and future career opportunities to become productive and contributing members of society.(3) Career Preparation for Programs of Study provides additional opportunities for students to develop business and industry employment experiences, which must be related to the student's current program of study alongside advanced classroom instruction. The goal is to prepare students with a variety of skills to transition from job- to career-mindedness. This course provides a continuing focus on collaborative feedback between the employer, teacher, and student. Career Preparation for Programs of Study expands on Career Preparation General by increasing rigor, supporting student attainment of academic standards, and effectively preparing students for college and career success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies and evaluates employability skills to improve the student's marketability within the workplace. The student is expected to:(A) differentiate between a job and a career;(B) refine an industry-specific professional portfolio or resume;(C) identify appropriate sources for writing and obtain letters of recommendation;(D) model proper interview skills based on a chosen career cluster;(E) evaluate the effectiveness of various methods to gain employment;(F) describe how having a job can lead to a career and self-sufficiency; and(G) identify and explain work-based benefits such as health insurance, direct deposit, and retirement contributions.(2) The student demonstrates essential skills necessary for success in the workplace. The student is expected to:(A) maintain appropriate hygiene, grooming, and attire for the workplace;(B) model appropriate workplace etiquette in physical and digital environments;(C) justify time-management decisions to fulfill responsibilities and meet deadlines;(D) analyze employer expectations by reflecting on evaluations;(E) demonstrate effective listening skills used in the workplace through appropriate interactions with customers and coworkers; and(F) cultivate and improve professionalism by continuously being dependable, working hard, respecting authority, solving problems, taking initiative, communicating effectively, and listening actively.(3) The student applies and enhances academic knowledge and skills in the workplace. The student is expected to:(A) integrate mathematical concepts into business transactions such as counting inventory, calculating discounts, and conducting cash transactions;(B) compare earning potential for careers within a selected program of study with personal financial goals;(C) analyze and apply data from industry-specific tables, charts, or graphs to generate solutions to problems; and(D) analyze and synthesize information from electronic communications, including forms, reports, or summaries.(4) The student demonstrates leadership qualities by applying work ethic, job expectations, multicultural considerations, and communication skills in the workplace. The student is expected to:(A) identify positive interpersonal skills, including conflict resolution, effective communication, and respect for all people, and model these skills as a mentor with peers;(B) apply effective verbal, nonverbal, written, or electronic communication skills to a variety of audiences;(C) define personal integrity and evaluate its effects on human relations in the workplace;(D) classify a variety of working relationships into functional and dysfunctional characteristics; and(E) participate in leadership and career-development activities related to a selected program of study.(5) The student models ethical codes of conduct and legal responsibilities within school and the workplace. The student is expected to:(A) evaluate provisions of the Fair Labor Standards Act;(B) analyze the legal consequences of violating privacy laws related to Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), and Children's Online Privacy Protection Act (COPPA);(C) research and describe laws governing different professions within a selected program of study;(D) analyze organizational policies and procedures and ethical standards from the student's current place of employment; and(E) interpret and evaluate the rights and responsibilities of employers and employees.(6) The student applies concepts and skills related to safety in the workplace. The student is expected to:(A) research and describe different types of identity theft to identify associated risks and prevention strategies;(B) identify and evaluate consequences of breach of personal and occupational safety practices in the workplace;(C) model safe working practices at a training station;(D) evaluate the impact of Occupational Safety and Health Administration regulations in the workplace; and(E) analyze how physical health and mental wellness practices influence career longevity and satisfaction in a career within a selected program of study.(7) The student models the skills that support employment retention and advancement. The student is expected to:(A) create a personal growth plan that identifies relevant certifications, postsecondary opportunities, and technical skills required for various levels of employment based on a chosen career within a selected program of study and describe how to obtain them;(B) develop short- and long-term Specific, Measurable, Attainable, Realistic, Time-Bound (SMART) goals based on personal and professional growth plans;(C) analyze the rewards and demands of career advancement;(D) model appropriate self-advocacy in various workplace scenarios;(E) compare current employee performance evaluations to previous evaluations to identify areas of growth and opportunities for continued development; and(F) evaluate and compare employment advancement considerations such as salaries, benefits, and qualifications.(8) The student analyzes postsecondary career opportunities within a selected program of study. The student is expected to:(A) research and compare declining and growth industries across career clusters;(B) identify and analyze future job growth within a selected program of study based on societal needs;(C) analyze the skills required to be successful in emerging industries;(D) identify continuing education opportunities to determine education and training requirements for future careers within a selected program of study;(E) research and evaluate entrepreneurial opportunities related to a selected program of study; and(F) evaluate how personal priorities such as interests, abilities, and family responsibilities may influence career choice.</content><note type="source"><p>Source Note: The provisions of this §127.21 adopted to be effective February 13, 2024, 49 TexReg 696.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scB/s127.22"><num value="127.22">§127.22</num><heading>Extended Career Preparation (One Credit), Adopted 2023</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Corequisite: Career Preparation General or Career Preparation for Programs of Study. This course must be taken concurrently with Career Preparation General or Career Preparation for Programs of Study and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course.(1) A student may repeat this course one time for credit provided that the student is experiencing different aspects of an industry and demonstrating proficiency in additional and more advanced knowledge and skills.(2) A student may not earn more than six credits for any combination of career preparation courses selected from Career Preparation General, Career Preparation for Programs of Study, and Extended Career Preparation.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) Career planning is a critical step and is essential to success. Applying to multiple career and technical education clusters, the career preparation courses provide students with a framework for current employment and future career opportunities to become productive and contributing members of society.(3) Extended Career Preparation is an enhancement and extension to Career Preparation General or Career Preparation for Programs of Study to provide additional opportunities for students to participate in a work-based learning experience that combines classroom instruction with business and industry employment experiences that may be outside the student's current program of study. The goal is to provide students additional time for deeper exploration of skills in the workplace. Career preparation is relevant and rigorous, supports student attainment of academic standards, and effectively prepares students for college and career success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates employability skills as required by business and industry. The student is expected to:(A) identify and participate in training, education, or preparation for licensure, certification, or other relevant credentials to prepare for employment;(B) complete work tasks with high standards to ensure delivery of quality products and services; and(C) demonstrate and apply planning and time-management skills to work tasks.(2) The student demonstrates essential skills for success in the workplace. The student is expected to:(A) demonstrate and apply professional standards and personal qualities needed to be employable such as punctuality, initiative, patience, kindness, respect for authority, and cooperation;(B) apply appropriate content knowledge, technical concepts, and vocabulary in the workplace;(C) apply effective listening skills to obtain and clarify information in the workplace; and(D) maintain appropriate hygiene, grooming, and attire in the workplace.(3) The student applies and enhances academic knowledge and skills in the workplace. The student is expected to:(A) employ critical-thinking skills to solve problems and make decisions; and(B) analyze elements of a problem to develop creative and innovative solutions.(4) The student exemplifies appropriate interpersonal and communication skills in the workplace. The student is expected to:(A) demonstrate teamwork using conflict-management skills to achieve collective goals;(B) apply verbal and non-verbal communication skills consistently in a manner that is clear, concise, and effective; and(C) model effective internal and external communications to support work activities.(5) The student models ethical codes of conduct and legal responsibilities within the workplace. The student is expected to:(A) demonstrate a positive work ethic by performing assigned tasks as directed;(B) model ethical reasoning in workplace situations;(C) comply with all applicable rules, laws, and regulations in the workplace; and(D) research and explain the roles of the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC) in the workplace.(6) The student applies concepts and skills related to safety in the workplace. The student is expected to:(A) follow workplace safety rules and regulations consistently;(B) operate tools and equipment used in the workplace safely;(C) report and handle accidents and safety incidents according to workplace procedures as necessary; and(D) describe and perform a hazard analysis of the workplace.(7) The student participates in a paid or an unpaid career preparation experience. The student is expected to:(A) conduct, document, and evaluate learning activities in a supervised employment experience;(B) assess and report on advanced technical knowledge and skills related to the student's occupational objective and growth;(C) evaluate strengths and weaknesses in technical skill proficiency; and(D) document experiences related to the workplace and curate work samples.</content><note type="source"><p>Source Note: The provisions of this §127.22 adopted to be effective February 13, 2024, 49 TexReg 696.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scC"><num value="C">SUBCHAPTER C</num><heading>AGRICULTURE, FOOD, AND NATURAL RESOURCES</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.30"><num value="127.30">§127.30</num><heading>Principles of Agriculture, Food, and Natural Resources (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products and resources.(3) In Principles of Agriculture, Food, and Natural Resources, students explore major areas of agriculture, food, and natural resources, including organizations, agribusiness leadership and communications, plant science, animal science, food science and technology, agricultural technology and mechanical systems, and environmental and natural resources. To prepare for careers in agriculture, food, and natural resources, students must attain academic knowledge and skills, acquire technical knowledge and skills related to the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, experience, apply, and transfer their knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career development, education, and entrepreneurship opportunities in agriculture, food, and natural resources;(B) identify and demonstrate interpersonal, problem-solving, and critical-thinking skills in agriculture, food, and natural resources;(C) describe and demonstrate appropriate personal and occupational safety and health practices for the workplace;(D) identify employers' legal responsibilities and expectations, including appropriate work habits and ethical conduct;(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy; and(F) identify training, education, and certification requirements for occupational choices in agriculture, food, and natural resources.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student understands the agriculture industry in Texas and the United States. The student is expected to:(A) identify top agricultural commodities, exports, and imports in Texas and the United States; and(B) identify regions of commodity production such as regions that produce livestock, corn, wheat, dairy products, and cotton and explain the correlation between the region and the commodity.(5) The student explains the historical, current, and future significance of the agriculture, food, and natural resources industry. The student is expected to:(A) define agriculture and identify the sectors of the agriculture industry;(B) analyze the impact agriculture, food, and natural resources have on society;(C) identify and explain significant historical and current events that have impacted the agriculture industry;(D) identify issues that may impact agriculture, food, and natural resources systems, including related domestic and global systems, now and in the future;(E) identify and discuss major innovations in the fields of agriculture, food, and natural resources;(F) describe how emerging technologies such as online mapping systems, drones, and robotics impact agriculture, food, and natural resources; and(G) compare how different issues such as biotechnology, employment, safety, environmental, and animal welfare issues impact agriculture, food, and natural resources industries.(6) The student understands opportunities for leadership development in student organizations within agriculture, food, and natural resources. The student is expected to:(A) describe the history, structure, and development of and opportunities in student organizations in the agriculture, food, and natural resources career cluster;(B) develop and demonstrate leadership and personal growth skills and collaborate with others to accomplish organizational goals and objectives; and(C) demonstrate use of parliamentary procedures when conducting meetings.(7) The student identifies opportunities for involvement in professional agricultural organizations. The student is expected to:(A) discuss the role of agricultural organizations in formulating public policy;(B) develop strategies for effective participation in agricultural organizations; and(C) identify and discuss the purpose of various professional agricultural organizations.(8) The student demonstrates skills related to agribusiness, leadership, and communications. The student is expected to:(A) demonstrate written and oral communication skills appropriate for formal and informal situations such as prepared and extemporaneous presentations;(B) identify and demonstrate effective customer service skills, including appropriate listening techniques and responses; and(C) explain the impact of marketing and advertising on the agricultural industry.(9) The student applies a scientific process to agriculture, food, and natural resources topics. The student is expected to:(A) identify and select an important agricultural issue, question, or principle;(B) develop and test a hypothesis for the selected issue, question, or principle;(C) collect and analyze data for the selected agricultural issue, question, or principle; and(D) present findings and conclusions based on research performed using scientific practices.(10) The student applies problem-solving, mathematical, and organizational skills to maintain financial or logistical records. The student is expected to:(A) identify the components of and develop a formal business plan for an agricultural enterprise; and(B) develop, maintain, and analyze records for an agricultural enterprise.(11) The student develops technical knowledge and skills related to plant and soil systems. The student is expected to:(A) define plant and soil science and analyze the relevance of horticulture, agronomy, forestry, and floriculture;(B) identify the components and properties of soils;(C) describe the basic structure and functions of plant parts;(D) identify and use techniques for plant germination, growth, and development; and(E) identify and use tools, equipment, and personal protective equipment common to plant and soil systems.(12) The student develops technical knowledge and skills related to animal systems. The student is expected to:(A) define animal science and analyze the relevance of animal selection, production, and marketing in the industry;(B) analyze the roles and how animals benefit the agriculture industry;(C) identify basic external anatomy of animals in agriculture;(D) identify and classify breeds of livestock; and(E) identify and use tools, equipment, and proper handling techniques related to animal systems.(13) The student describes the principles of food products and processing systems. The student is expected to:(A) identify food products and processing systems;(B) identify emerging technologies and trends in domestic and global food production;(C) compare various food labels;(D) discuss current issues in food production; and(E) identify and use tools, equipment, and personal protective equipment common to food products and processing systems.(14) The student safely performs skills related to agricultural technology and mechanical systems. The student is expected to:(A) identify the major disciplines of agricultural technology and mechanical systems;(B) demonstrate basic measuring practices with accuracy;(C) create a bill of materials and a technical drawing for a proposed agricultural engineering project;(D) identify common building tools, materials, and fasteners; and(E) identify and use tools, equipment, and personal protective equipment common to agricultural technology and mechanical systems.(15) The student explains the principles of environmental and natural resources. The student is expected to:(A) identify natural resources of economic importance to Texas agriculture;(B) explain the relationship between agriculture and environmental and natural resources;(C) identify and describe regulations and governmental programs related to environmental and natural resources, including water regulations, pesticide usage, and hunting and fishing laws;(D) identify and compare alternative energy sources that stem from or impact environmental and natural resources; and(E) identify and compare energy and water conservation methods.</content><note type="source"><p>Source Note: The provisions of this §127.30 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.31"><num value="127.31">§127.31</num><heading>Mathematical Applications in Agriculture, Food, and Natural Resources (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Algebra I. Recommended prerequisite: one credit from the courses in the Agriculture, Food, and Natural Resources Career Cluster. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Mathematical Applications in Agriculture, Food, and Natural Resources, students will apply knowledge and skills related to mathematics, including algebra, geometry, and data analysis in the context of agriculture, food, and natural resources. To prepare for careers in agriculture, food, and natural resources, students must acquire technical knowledge in the discipline as well as apply academic skills in mathematics. To prepare for success, students need opportunities to reinforce, apply, and transfer their knowledge and skills related to mathematics in a variety of contexts.(4) The mathematical process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(3) The student performs mathematical calculations used in agriculture, food, and natural resources. The student is expected to:(A) add, subtract, multiply, and divide whole numbers, fractions, and decimals in calculations related to agriculture, food, and natural resources;(B) apply mathematical skills such as measurement, conversion, and data analysis needed for agriculture, food, and natural resources;(C) find solutions to problems related to agriculture, food, and natural resources by calculating percentages and averages;(D) convert between English and metric units;(E) use scientific calculations to determine weight, volume, and linear measurements;(F) solve word problems using ratios and dimensional analysis; and(G) interpret data using tables, charts, and graphs.(4) The student demonstrates mathematics knowledge and skills required to solve problems related to the agriculture, food, and natural resources industries. The student is expected to:(A) demonstrate use of relational expressions such as equal to, not equal, greater than, and less than in agriculture, food, and natural resources industries such as agribusiness; animal; environmental service; food products and processing; natural resources; plant; and power, structural, and technical systems; (B) apply statistical and data analysis to solve problems related to agriculture, food, and natural resources industries such as agribusiness; animal; environmental service; food products and processing; natural resources; plant; and power, structural, and technical systems;(C) analyze mathematical problem statements for missing or irrelevant data essential to agriculture, food, and natural resources industries such as agribusiness; animal; environmental service; food products and processing; natural resources; plant; and power, structural, and technical systems;(D) construct and analyze charts, tables, and graphs from functions and data generated in agriculture, food, and natural resources industries such as agribusiness; animal; environmental service; food products and processing; natural resources; plant; and power, structural, and technical systems;(E) analyze data using measures of central tendency when interpreting operational documents in agriculture, food, and natural resources industries such as agribusiness; animal; environmental service; food products and processing; natural resources; plant; and power, structural, and technical systems; and(F) use mathematical operations and knowledge of relationships to solve problems such as the calculation of gallons of water from inches of rain, acres of ground water, liquid and gaseous volumes, and conversion of units; calculation of caloric value, parts per million of restricted ingredients, conversion of measurements, and U.S. Department of Agriculture (USDA) grades; estimation of wildlife populations and pulpwood yields; and calculation of mapping data inherent to systems of agriculture or agribusiness.(5) The student demonstrates mathematical knowledge and skills required to solve problems related to agribusiness systems and related career opportunities. The student is expected to:(A) use mathematical operations and knowledge of relationships to solve daily problems related to record keeping such as profit/loss statements, income statements, capital asset inventories, insurance, risk management, lease agreements, employee payroll and benefits, and investments and loan, real estate contract, or tax documentation in agribusiness systems;(B) demonstrate knowledge of algebraic applications and linear and exponential functions related to concepts such as simple interest, compound interest, maturity value, tax rates, depreciation, production analysis, market trends, investments, and price determination in agribusiness systems;(C) use statistical and data analysis, including counts, percentages, central tendency, and prediction, to evaluate agribusiness systems data such as demographic, production, consumption, weather, and market data; and (D) report statistical data related to concepts such as pricing, market trends, commodity prices, exports and imports, supply and demand, and production yields numerically or graphically.(6) The student demonstrates mathematical knowledge and skills required to solve problems related to animal systems and related career opportunities. The student is expected to:(A) use mathematical operations and knowledge of relationships to solve problems such as the calculation of purchasing, marketing, and production costs; housing requirements; conversion of units; average daily gain; topical and injectable medication dosages; USDA grades; feeding schedules; volumes; stocking rates; and breeding and gestation cycles related to animal systems;(B) demonstrate knowledge of algebraic applications related to animal system calculations such as ration formulation using the Pearson Square, percent homozygosity, heritability, USDA grades, gene frequency, cost per unit of nutrient, and weaning weight ratio;(C) use geometric principles to solve problems such as the use of right triangles for perpendicular cross fencing and the calculation of square footage for housing requirements; acreage for normal and irregular shaped pastures; feed bin volume based upon shape such as cylinder, cone, cube, or pyramid; and housing volume for ventilation related to animal systems; and (D) use statistical and data analysis to evaluate animal systems data reported numerically or graphically such as birth weight, weaning weight, days to market weight, expected progeny differences, feed efficiencies, birth type, litter size, presence or absence of genetic abnormality, milk production, sow productivity index, and veterinary costs or records.(7) The student demonstrates mathematical knowledge and skills required to solve problems related to environmental service systems and related career opportunities. The student is expected to:(A) demonstrate knowledge of algebraic applications to create solutions to problems such as the calculation of acre feet of water, water volume in ponds, water well volume, water pressure friction loss, flow rate, total head pressure, pump efficiency, soil solids volume, and soil degree of saturation related to environmental service systems;(B) use geometric principles to solve problems such as calculating acreage for normal and irregular shaped pastures and slope of land, planning runoff drainage structures, and applying differential leveling techniques related to environmental service systems; and(C) use statistical and data analysis to evaluate environmental service systems data reported numerically or graphically such as rainfall, soil classifications, groundwater levels, recycling activities, and pollution rates.(8) The student demonstrates mathematical knowledge and skills required to solve problems related to food products and processing systems and related career opportunities. The student is expected to:(A) demonstrate knowledge of algebraic applications to solve problems such as the calculation of exponential growth of bacteria, contribution margin in processing, percentage of weight loss in packaged food, percentage of water absorption in packaged food, and microbe analysis following pasteurization related to food products and processing systems;(B) use geometric principles to solve problems such as the calculation of packaging requirements, construction of food storage structures and containers, liquid transfer materials, and vessels design and volume related to food products and processing systems; and(C) use statistical and data analysis to evaluate food products and processing systems data reported numerically or graphically such as governmental regulations, hazard analysis, critical control points data, taste tests, quality assurance data, and industry packing practices.(9) The student demonstrates mathematical knowledge and skills required to solve problems related to natural resource systems and related career opportunities. The student is expected to:(A) demonstrate knowledge of algebraic applications to solve problems such as the calculation of mean harvest area, calibration of pesticides, and the Doyle Log Rule related to natural resource systems;(B) use geometric principles to solve problems such as planning and construction of structures related to wildlife and fisheries management, determination of lumber volume in given tree stock, and calculation of tank volume for chemical application related to natural resource systems; and(C) use statistical and data analysis to evaluate natural resource systems data reported numerically or graphically such as Geographic Information Systems and Global Positioning Systems data, weather-related data, and data related to wildlife and habitat.(10) The student demonstrates mathematical knowledge and skills required to solve problems related to plant systems and related career opportunities. The student is expected to:(A) use mathematical operations and knowledge of relationships to solve problems such as the calculation of crop yields, crop loss, grain drying requirements, grain weight shrinkage, germination rates, greenhouse heating, and cooling and fertilizer application rates related to plant systems;(B) demonstrate knowledge of algebraic applications to solve problems such as the calculation of grain handling efficiency, harvesting capacity, crop rotation, seeding rates, fertilizer nutrient requirements, and greenhouse ventilation related to plant systems;(C) use geometric principles for the analysis of problems such as planning grain storage structures and calculating volume of grain storage vessels, grain handling volume, greenhouse capacity, and regular and irregular shaped planting bed size related to plant systems; and(D) use statistical and data analysis to evaluate plant systems data such as crop yields, Global Information Systems data, plant growth data, and climate data.(11) The student demonstrates mathematical knowledge and skills required to solve problems related to power, structural, and technical systems and related career opportunities. The student is expected to:(A) use mathematical operations and knowledge of relationships to solve problems such as the calculation of gear ratio, fuel efficiency, construction costs, project layout, energy costs, unit conversions, and bid preparation and labor-related calculations related to power, structural, and technical systems;(B) demonstrate knowledge of algebraic applications such as the calculation of strength of magnetism, chain or belt tension, horsepower, Ohm's Law, hydraulic multiplication of force, stresses using Mohr's Circle, and tensile strength related to power, structural, and technical systems;(C) use geometric principles for the evaluation of problems such as rafter length, land measurement, differential leveling, concrete volume, heating, ventilating, and air conditioning requirements and creation of structural drawings related to power, structural, and technical systems;(D) use statistical and data analysis to evaluate power, structural, and technical systems data such as construction cost data; equipment maintenance; heating, ventilation, and air conditioning efficiencies; engine performance; and labor costs; and(E) use geometric principles to develop and implement a plan for construction of a project such as a trailer, an agricultural structure, a storage facility, or a fence.</content><note type="source"><p>Source Note: The provisions of this §127.31 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.32"><num value="127.32">§127.32</num><heading>Energy and Natural Resource Technology (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: a minimum of one credit from the courses in the Agriculture, Food, and Natural Resources Career Cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Energy and Natural Resource Technology examines the interrelatedness of environmental issues and production agriculture. Students will evaluate the environmental benefits provided by sustainable resources and green technologies. Instruction is designed to allow for the application of science and technology to measure environmental impacts resulting from production agriculture through field and laboratory experiences. To prepare for careers in environmental service systems, students must attain academic skills and knowledge, acquire advanced technical knowledge and skills related to environmental service systems and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student uses instructional time to conduct field and laboratory investigations using safe, environmentally appropriate, and ethical practices in a supervised agriculture experience. The student is expected to:(A) demonstrate safe practices during field and laboratory investigations in a supervised agriculture experience; and(B) use accepted procedures for the use and conservation of resources and for the safe handling of materials.(3) The student discusses the importance and scope of natural resources. The student is expected to:(A) identify various types of natural resources;(B) discuss renewable and non-renewable energy resources and their impact on the environment;(C) analyze the impacts of natural resources and their effects on the agricultural economy; and(D) map the geographic and demographic uses of natural resources.(4) The student identifies water use and management in agricultural settings. The student is expected to:(A) identify the distribution and properties of water in the hydrologic cycle;(B) identify agricultural uses of water such as recycling; (C) discuss how agricultural uses may impact water resources;(D) define point source and non-point source pollution;(E) identify sources of point source and non-point source pollution associated with agriculture;(F) evaluate how the different agricultural water uses may impact water availability; and(G) research water use legislation.(5) The student describes air quality associated with agricultural production. The student is expected to:(A) describe the components of the atmosphere and the atmospheric cycle;(B) define air pollution;(C) analyze air quality legislation;(D) identify sources and effects of air pollution from agricultural production;(E) discuss different emission management strategies; and(F) identify common air pollution controls used in agricultural production.(6) The student examines soil erosion as related to agricultural production. The student is expected to:(A) identify agricultural production practices that can contribute to soil erosion;(B) analyze effects of soil erosion;(C) discuss the legal aspects of soil erosion; and(D) identify soil erosion control methods and programs.(7) The student explains the effects of natural resource use. The student is expected to:(A) identify the progression of use of natural resources leading to environmental degradation;(B) explain the impact of human population dynamics on the environment;(C) discuss the abuse of natural resources; and(D) communicate the environmental consequences of natural resource use such as the impact on living organisms.</content><note type="source"><p>Source Note: The provisions of this §127.32 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.33"><num value="127.33">§127.33</num><heading>Advanced Energy and Natural Resource Technology (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisites: a minimum of one credit from the courses in the Agriculture, Food, and Natural Resources Career Cluster and Energy and Natural Resource Technology. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources. (3) Advanced Energy and Natural Resource Technology is designed to explore the interdependency of the public and natural resource systems related to energy production. In addition, renewable, sustainable, and environmentally friendly practices will be explored. To prepare for careers in the field of energy and natural resource systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to energy and natural resources and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student uses instructional time to conduct field and laboratory investigations using safe, environmentally appropriate, and ethical practices in a supervised agriculture experience. The student is expected to:(A) demonstrate safe practices during field and laboratory investigations in a supervised agriculture experience; and(B) apply accepted procedures for the use and conservation of resources and for the safe handling of materials.(3) The student determines and evaluates the importance and scope of energy and natural resources. The student is expected to:(A) identify various types of natural resources;(B) identify renewable, non-renewable, and sustainable energy resources and determine their availability;(C) evaluate the impacts of energy production on natural resources and the agricultural economy; and(D) analyze the geographic and demographic uses of natural resources.(4) The student analyzes ethical issues related to natural resource management and energy production. The student is expected to:(A) compile examples of different lease agreements used for leasing minerals and natural resources;(B) interpret legal documents related to natural resource management and energy production; and(C) compare and contrast public and industry interest in natural resource management.(5) The student understands the role of natural resource management and energy production policies at the local, state, and national levels. The student is expected to:(A) identify policy affecting the use of natural resources; (B) identify policy affecting energy production;(C) research controls that protect Earth's natural resources;(D) identify state and federal agencies that have natural resource management and energy production responsibilities; and(E) define the roles of government, society, and property owners in the development of natural resource management and energy production policy.(6) The student recognizes the purpose of land use planning for natural resource management and energy production. The student is expected to:(A) discuss advantages and disadvantages of land use planning for natural resource management and energy production; and(B) compare and contrast land use policy trends within the state.(7) The student identifies water use and wastewater management. The student is expected to:(A) identify municipal, industrial, and agricultural uses of water;(B) explore and develop water recycling opportunities;(C) evaluate sources of point and non-point source pollution associated with municipal, industrial, and agricultural uses;(D) describe effective management practices commonly used to abate point and non-point sources of pollution;(E) analyze how water use impacts water availability;(F) research water use legislation;(G) discuss water quality policy and how it affects the decisions made in agricultural production; and(H) discuss the interaction of energy production and water resources.(8) The student describes air quality associated with natural resource management and energy production. The student is expected to:(A) research air quality legislation;(B) identify sources and effects of air pollution;(C) discuss different emission management strategies; and(D) identify air pollution controls used in energy production.(9) The student examines soil erosion as related to natural resource management and energy production. The student is expected to:(A) examine the effects of natural resource management and energy production on soil erosion;(B) analyze the components and functions of soils;(C) appraise soil and water conservation programs; and(D) compare soil erosion control methods.(10) The student analyzes the identification, handling, storing, and disposing of waste and hazardous materials. The student is expected to:(A) classify types of waste and hazardous materials;(B) research legislation related to waste and hazardous materials;(C) select appropriate entities responsible for waste and hazardous material management; and(D) describe safe handling, storing, and disposal of waste materials such as composting and recycling.(11) The student learns the processes for producing energy and green products from agricultural, biomass, fossil fuel, wind, solar, and geothermal sources. The student is expected to:(A) identify agricultural and silvicultural crops and bio-products suitable for renewable production;(B) discuss production processes for agricultural- and silvicultural-based bio-products;(C) describe the fundamentals for non-renewable resource recovery;(D) analyze the effects of non-renewable resource recovery methods and the environmental considerations associated with each method such as environmentally friendly alternatives;(E) analyze the advantages and disadvantages of wind-generated energy;(F) identify public policy considerations associated with transmission line construction to transport wind-generated energy; (G) locate areas in the state that have geothermal energy production potential;(H) explain the benefits of geothermal energy;(I) identify solar energy systems and describe the function of each; and(J) identify the environmental considerations associated with biofuels.</content><note type="source"><p>Source Note: The provisions of this §127.33 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.34"><num value="127.34">§127.34</num><heading>Food Technology and Safety (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Food Technology and Safety examines the food technology industry as it relates to food production, handling, and safety. To prepare for careers in value-added and food processing systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to value-added and food processing and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student explains the impact of food science systems. The student is expected to:(A) explain the significance of food science systems;(B) define trends in food production, world population, and supply and demand for food products;(C) research trends in animal and food science research; and(D) evaluate the relationship between biotechnology and the food science industry.(3) The student analyzes the nutritive value of food constituents. The student is expected to:(A) define the terms used in food technology;(B) compare and contrast the nutritive value of food groups; and(C) apply data and measurements to solve a problem related to food processing.(4) The student identifies procedures and regulations for sanitation and safety in the food industry. The student is expected to:(A) identify food industry inspection standards, including hazard analysis and critical control points;(B) describe procedures for insect and rodent control;(C) identify appropriate chemicals used in the food industry;(D) assess conditions with regard to safety and health; and(E) identify specific regulation for organic animal products, grains, and produce.(5) The student identifies safety and governmental regulations involved in the processing and labeling of foods. The student is expected to:(A) research regulations dealing with preserving red meat, poultry, and fish;(B) describe packaging, labeling, and storage requirements for red meat, poultry, and fish;(C) explain the impact of temperature in food preservation; (D) compare and contrast packaging requirements; and(E) evaluate cultural practices and exotic species in food harvesting and processing.(6) The student demonstrates an understanding of the trends and issues important to careers in the food science industry by comparing and contrasting issues affecting the food science industry, including biotechnology, employment, safety, environmental, and animal welfare issues. The student is expected to:(A) select solutions for different environmental issues;(B) identify issues affecting food science;(C) research history and policies related to food science issues;(D) analyze and defend solutions for different environmental issues; and(E) apply economic principles such as supply, demand, and profit to food science systems.(7) The student describes the processing, packaging, quality analysis, and marketing of red meats and their by-products. The student is expected to:(A) describe preparing livestock carcasses for market;(B) describe the U.S. Department of Agriculture's inspection and grading procedures;(C) identify wholesale and retail cuts;(D) evaluate and grade beef, pork, lamb, and goat carcasses and wholesale cuts; and(E) identify methods of fabricating and marketing processed meats.(8) The student describes the processing, packaging, quality analysis, and marketing of eggs, poultry, and fish and their by-products. The student is expected to:(A) describe processing techniques;(B) demonstrate poultry and retail cuts evaluation;(C) identify grades and classes of eggs, poultry, fish, and seafood;(D) fabricate specialty and value-added products;(E) demonstrate an understanding of quality and portion control procedures; and(F) describe marketing procedures for eggs, poultry, fish, and seafood.(9) The student describes the processing, packaging, quality analysis, and marketing of fruits, nuts, and vegetables and their by-products. The student is expected to:(A) identify, classify, and grade fruits, nuts, and vegetables;(B) demonstrate trimming, washing, waxing, peeling, blanching, and other marketing techniques;(C) research critical issues in transporting, receiving, and storing fruits, nuts, and vegetables; and(D) discuss preserving, packaging, and storing fruits, nuts, and vegetables.(10) The student describes the processing, packaging, quality analysis, and marketing of milk and dairy products for distribution. The student is expected to:(A) describe methods of preparing milk for processing;(B) evaluate methods of processing milk and dairy products; (C) identify dairy products, including cultured milk products and frozen dairy desserts; and(D) process, classify, and grade cheese.</content><note type="source"><p>Source Note: The provisions of this §127.34 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.35"><num value="127.35">§127.35</num><heading>Food Processing (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Food Technology and Safety. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Food Processing focuses on the food processing industry with special emphasis on the handling, processing, and marketing of food products. To prepare for careers in food products and processing systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to natural resources and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student knows the relationship of the food processing industry to the free enterprise system. The student is expected to:(A) explain the importance of the food processing industry in the free enterprise system; and(B) explain trends in the consumption of food products.(3) The student understands consumer satisfaction issues. The student is expected to:(A) practice equipment maintenance and sanitation procedures; (B) explain the factors that affect food palatability;(C) fabricate red meat, poultry, game, and fish into wholesale and retail cuts; and(D) demonstrate work ethics, customer relations skills, and management competencies consistent with industry standards.(4) The student understands quality control issues in food processing. The student is expected to:(A) practice procedures relating to the safe manufacture of foods through hygienic food handling and processing;(B) develop and maintain sanitation schedules;(C) describe hazard analysis and critical control point implementation issues;(D) research food safety laws; and(E) describe solutions for different environmental issues.(5) The student identifies marketing considerations for food processing. The student is expected to:(A) practice methods of merchandising red meat, poultry, game, fish, and their by-products;(B) identify, select, and grade meat;(C) develop food preservation programs using appropriate food preservation methods;(D) explain the impact of temperature in food preservation; (E) compare and contrast preservation packaging such as film, plastic, and cans;(F) describe harvest and inspection techniques to process food products and analyze food product options; and(G) identify specific criteria for organic food processing and marketing.</content><note type="source"><p>Source Note: The provisions of this §127.35 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.36"><num value="127.36">§127.36</num><heading>Wildlife, Fisheries, and Ecology Management (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year. (2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources. (3) Wildlife, Fisheries, and Ecology Management examines the management of game and non-game wildlife species, fish, and aquacrops and their ecological needs as related to current agricultural practices. To prepare for careers in natural resource systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to natural resources, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student analyzes the importance of wildlife, with an emphasis on use and management. The student is expected to:(A) analyze the importance of wildlife, fisheries, and ecology management;(B) discuss the history of wildlife, fisheries, and ecology management;(C) discuss policies, laws, and the administration of wildlife, fisheries, and ecology management; and(D) analyze the economic impact of public recreation.(3) The student knows the scientific basis of and applies concepts related to wildlife management. The student is expected to:(A) analyze the basic ecological concepts of game management; (B) identify game, non-game, upland, and migratory game birds, waterfowl, furbearers, freshwater and saltwater fish, predators, and protected endangered species; (C) describe and assess the management of wildlife populations;(D) identify diseases and parasites impacting wildlife species;(E) discuss the appropriate method of reporting disease and parasite outbreaks;(F) identify plants impacting aquaculture and wildlife management practices; and(G) discuss habitat and food plot management to benefit aquaculture and wildlife species. (4) The student knows the interrelationship between various aspects of wildlife and outdoor public use management. The student is expected to:(A) discuss the importance and role of the Wildlife Management Areas of Texas in the management of private and public lands;(B) identify laws and regulations regarding the use of wildlife resources;(C) apply laws and regulations regarding recreation safety such as angler, archer, boater, and hunter safety;(D) compare and contrast public and private land use;(E) identify appropriate safety certification requirements; (F) recognize precautions to use when interfacing with the public concerning regulations and law enforcement;(G) describe security issues for closed and restricted areas;(H) recognize potential threat situations for the public of dangers on public and private lands;(I) recognize the role of law enforcement; and(J) summarize wildlife and fish harvest techniques and procedures.(5) The student examines natural cycles and ecological concepts. The student is expected to:(A) explain the hydrologic, nitrogen, carbon, and nutrient cycles;(B) evaluate the impact of natural cycles on succession;(C) analyze the effects of natural cycles on population dynamics;(D) distinguish between primary and secondary producers;(E) compare and contrast predator-prey relationships;(F) evaluate the effects of pollution sources; and(G) evaluate riparian zones.(6) The student applies cartographic skills to natural resource activities. The student is expected to:(A) compare and contrast types of maps;(B) interpret map features and legends;(C) compare map scale to actual distance;(D) evaluate elevation and terrain features from topographic maps;(E) use land survey and coordinate systems; and(F) locate position and interpret images using a geospatial interface.(7) The student evaluates planning data by monitoring natural resource status. The student is expected to:(A) identify resource inventory and population studies;(B) devise sample plots and points;(C) identify and locate resources;(D) interpret data concerning resource availability and health;(E) organize databases of resource data; and(F) create a technical report.(8) The student analyzes various natural resource enhancement techniques using scientific knowledge. The student is expected to:(A) develop a riparian zone enhancement technique plan;(B) evaluate wildlife habitat enhancement plans; and(C) evaluate public use and recreation area enhancement plans.(9) The student demonstrates concepts related to optimum production. The student is expected to:(A) discuss the importance and progress of aquaculture as an emerging industry; (B) describe nutritional requirements of aquaculture production;(C) identify requirements for optimum growth of species-specific aqua crops/aquaculture products; and(D) identify appropriate treatments for diseases and parasites impacting wildlife species and aquaculture.</content><note type="source"><p>Source Note: The provisions of this §127.36 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.37"><num value="127.37">§127.37</num><heading>Forestry and Woodland Ecosystems (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Forestry and Woodland Ecosystems examines current management practices for forestry and woodlands. Special emphasis is given to management as it relates to ecological requirements and how these practices impact the environment. To prepare for careers in natural resource systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to natural resources, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer knowledge and skills in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student describes the principles of forestry and woodland ecosystems. The student is expected to:(A) describe the historical and economic significance of forestry;(B) illustrate tree anatomy and morphology;(C) differentiate between species of trees;(D) classify forest and woodland soils;(E) describe silviculture;(F) compare and contrast forest and woodland ecosystems;(G) describe photosynthesis and respiration as they relate to forest and woodland species;(H) describe watershed management as it relates to forest and woodland ecosystems;(I) describe sexual and asexual reproduction in forest and woodland species;(J) define succession; and(K) compare natural and managed forests and woodlands.(3) The student demonstrates forestry biometrics skills. The student is expected to:(A) calculate tree volume;(B) estimate timber growth and yield;(C) evaluate forest and woodland quality by cruising timber stands; and(D) scale logs to calculate their quality and volume.(4) The student demonstrates knowledge of forestry management skills. The student is expected to:(A) identify forestry management techniques;(B) discuss multiple-use possibilities for forest and woodlands areas; and(C) develop a control plan for destructive agents such as fire, insects, and disease.(5) The student identifies softwood and hardwood forest management and use practices. The student is expected to:(A) identify principles of forestry economics;(B) research sources of forestry management assistance;(C) identify harvesting practices and equipment;(D) describe merchandising practices; and(E) evaluate research in forestry and wood technology.(6) The student describes the role of wood technology in forest product development. The student is expected to:(A) compare timber manufacturing processes and products; and(B) discuss research and development issues in forestry and wood technology.(7) The student applies cartographic skills to natural resource activities. The student is expected to:(A) compare and contrast types of maps;(B) interpret map features and legends;(C) compare map scale to actual distance;(D) evaluate elevation and terrain features from topographic maps;(E) use land survey and coordinate systems; and(F) locate position and interpret images using a geospatial interface.</content><note type="source"><p>Source Note: The provisions of this §127.37 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.38"><num value="127.38">§127.38</num><heading>Range Ecology and Management (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources. (3) Range Ecology and Management is designed to develop students' understanding of rangeland ecosystems and sustainable forage production. To prepare for careers in environmental and natural resource systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to environmental and natural resources, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student develops an understanding of the rangeland ecosystem. The student is expected to:(A) describe ecology, photosynthesis, energy flow, and climax vegetation;(B) describe the impact of rangeland on the water cycle and water quality; and(C) determine capabilities and limitations of rangelands.(3) The student develops an understanding of rangeland as a dynamic, living, and changeable system. The student is expected to:(A) explain the relationship of rangeland to the environment; (B) discuss the interrelationships among water, alternative use, carrying capacity, and population;(C) identify and classify native, non-native, and invasive plants and animals in the rangeland ecosystem;(D) explore the use of rangeland plants as alternative energy sources;(E) develop an understanding of the role of rangeland in water recharge and conservation; and(F) recognize the importance of successful rangeland ecology practices.(4) The student analyzes the biotic and abiotic components of a rangeland. The student is expected to:(A) discuss components of rangeland with an emphasis on soil;(B) determine components of rangeland with an emphasis on topography; and(C) classify range sites by soil properties;(5) The student develops an understanding of the dynamic process of a renewable rangeland resource. The student is expected to:(A) determine range condition based on plant populations;(B) compare and contrast rangeland condition trends; and(C) formulate methods to improve range conditions.(6) The student identifies methods of maintaining and improving rangeland for livestock management. The student is expected to:(A) identify plants beneficial to livestock;(B) identify plant species harmful to livestock;(C) analyze how livestock use range plants; and(D) discuss livestock grazing management.(7) The student identifies methods of maintaining and improving rangeland for wildlife management. The student is expected to:(A) identify plants beneficial to wildlife;(B) identify plants species harmful to wildlife;(C) analyze how wildlife species use range plants; and(D) discuss wildlife grazing management.(8) The student develops an understanding of rangeland management as it relates to global concerns. The student is expected to:(A) examine how rangeland characteristics affect aquifers; (B) analyze how rangeland characteristics affect the environment;(C) analyze how rangeland management affects the environment; and(D) evaluate the impact of energy production systems on rangelands.</content><note type="source"><p>Source Note: The provisions of this §127.38 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.39"><num value="127.39">§127.39</num><heading>Landscape Design and Management (One-Half Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Landscape Design and Management is designed to develop an understanding of landscape design and management techniques and practices. To prepare for careers in horticultural systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to horticultural systems and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student identifies environmental, aesthetic, and financial benefits of landscaped sites. The student is expected to:(A) assess soil characteristics and environmental conditions; (B) assess site for local conditions such as property lines, easement restrictions, and location of public utilities;(C) complete a site analysis checklist;(D) produce a site sketch using graphic design equipment or software; (E) identify plants used in designing landscapes;(F) identify structures and hardscape materials used in designing landscapes;(G) create landscape designs demonstrating the application of design elements and principles; and (H) analyze different landscape design styles and identify the different aesthetic and environmental factors of each style.(3) The student performs landscape business procedures. The student is expected to:(A) demonstrate skills for interviewing potential clients; (B) develop landscape ideas from a checklist;(C) prepare cost estimates and schedules for landscaping services, including materials, labor, and business costs; and(D) analyze service contracts.(4) The student analyzes the cost and maintenance of tools and equipment used in the landscape industry. The student is expected to:(A) identify, store, and maintain landscaping hand tools and power equipment;(B) analyze costs associated with purchasing and maintaining landscaping hand tools and power equipment;(C) assess different landscape irrigation systems for efficiency, application, and environmental impact;(D) identify common irrigation system components and materials; and(E) examine local and state regulations affecting irrigation systems.(5) The student performs landscape installation services. The student is expected to:(A) prepare landscape sites for installation; and(B) install landscape plants and structures using proper installation techniques.(6) The student performs landscape maintenance services. The student is expected to:(A) identify and demonstrate proper pruning techniques for different plant materials;(B) recognize methods for renovating existing landscapes;(C) analyze nutritional needs of plants;(D) develop fertilization plans that address plant needs and environmental concerns;(E) examine Integrated Pest Management in assessing an insect, pathogen, or weed problem;(F) use pesticide application techniques and equipment properly;(G) explain pesticide labeling and safety data sheets; and(H) demonstrate lawn management techniques.</content><note type="source"><p>Source Note: The provisions of this §127.39 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.40"><num value="127.40">§127.40</num><heading>Turf Grass Management (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Turf Grass Management is designed to develop an understanding of turf grass management techniques and practices. To prepare for careers in horticultural systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to horticultural systems and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student identifies the environmental, aesthetic, and financial benefits of turf grass in residential, commercial, and athletic settings. The student is expected to:(A) assess sites for environmental factors that impact turf grass establishment and management such as soil type, soil pH, and elevation differences;(B) develop a site assessment checklist; and(C) develop a site preparation plan.(3) The student identifies and implements common cultural and physiological requirements for cool and warm season turf grass establishment. The student is expected to:(A) identify turf grass varieties and cultivars that fulfill site requirements;(B) identify pests and pathogens of turf grasses;(C) identify common weeds found in turf grasses;(D) determine the importance of site grading for water movement;(E) determine the importance of soil compaction on turf grass establishment;(F) reduce impact of compaction using aeration methods;(G) compare establishment procedures such as seeding, sodding, sprigging, and hydromulching; and(H) explain the importance of turf grass installation timing.(4) The student identifies and implements common cultural and physiological requirements for cool and warm season turf grass maintenance. The student is expected to:(A) explain and demonstrate mowing heights;(B) explain the principle of mowing frequency;(C) compare residential, commercial, and athletic turf maintenance needs;(D) determine turf grass irrigation requirements;(E) analyze and address thatch accumulation in turf grass;(F) analyze nutritional needs of turf grass;(G) develop fertilization plans that address turf grass needs and environmental concerns;(H) examine Integrated Pest Management in assessing an insect, pathogen, or weed problem;(I) use turf grass pesticide application techniques and equipment properly; and(J) explain turf grass pesticide labeling and safety data sheets.(5) The student performs turf grass management business procedures. The student is expected to:(A) assess the needs of prospective clients;(B) analyze material, labor, and business costs related to turf grass sites;(C) develop and analyze service contracts and maintenance schedules;(D) prepare a cost estimate for establishing a turf grass site, including materials and labor; and(E) prepare a cost estimate for maintaining a turf grass site, including materials and labor.(6) The student manages turf grass maintenance equipment. The student is expected to:(A) identify, store, and maintain turf grass hand tools and power equipment;(B) analyze the costs associated with turf grass hand tools and power equipment; and(C) analyze components of turf grass irrigation systems.</content><note type="source"><p>Source Note: The provisions of this §127.40 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.41"><num value="127.41">§127.41</num><heading>Agricultural Mechanics and Metal Technologies (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Agricultural Mechanics and Metal Technologies is designed to develop an understanding of agricultural mechanics as it relates to safety and skills in tool operation, electrical wiring, plumbing, carpentry, fencing, concrete, and metal working techniques. To prepare for careers in agricultural power, structural, and technical systems, students must attain academic skills and knowledge; acquire technical knowledge and skills related to power, structural, and technical agricultural systems and the industry; and develop knowledge and skills regarding career opportunities, entry requirements, industry certifications, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer knowledge and skills and technologies in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student follows operating instructions for tools and equipment to perform a given task. The student is expected to:(A) select, use, maintain, and store appropriate hand tools to perform a given task;(B) select, use, maintain, and store appropriate power equipment such as tools powered by electric, pneumatic, and internal combustion engines; and(C) select and use measuring and marking devices.(3) The student identifies and performs electric wiring skills. The student is expected to:(A) identify principles of electricity and wiring terminology; (B) install electric wiring components and fixtures to comply with governmental regulations and applicable codes; and(C) maintain electric motors.(4) The student performs plumbing skills. The student is expected to:(A) identify and use plumbing tools; and(B) identify plumbing fixtures.(5) The student performs concrete construction skills. The student is expected to:(A) project cost estimates for materials; and(B) form and pour concrete slabs.(6) The student performs carpentry skills. The student is expected to:(A) identify materials used in agricultural construction;(B) identify elements of a cost estimate and prepare a bid package for a planned project;(C) demonstrate basic carpentry skills; and(D) paint and protect a project with coatings.(7) The student identifies fencing methods. The student is expected to:(A) select fencing materials; and(B) plan and install fences.(8) The student performs appropriate cold and hot metal techniques. The student is expected to:(A) identify types of metal;(B) cut, file, shape, and drill metal;(C) select and operate oxy-fuel welding and cutting equipment to meet standards;(D) select and operate electric-arc welding equipment to meet standards; and(E) perform specialty welding and cutting techniques to meet standards.(9) The student applies processes relating to assembly of equipment in agricultural systems operations. The student is expected to:(A) select, use, and maintain appropriate tools, equipment, and facilities; and(B) identify and determine properties, types, and uses of metal.(10) The student plans and performs cost-effective construction techniques. The student is expected to:(A) analyze site, equipment, and permit requirements;(B) operate computer-aided drafting design software;(C) develop, read, and interpret designs and sketches;(D) estimate material needs and costs;(E) measure, mark, and cut material; and(F) perform specialized nonmetallic fabrication techniques.</content><note type="source"><p>Source Note: The provisions of this §127.41 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.42"><num value="127.42">§127.42</num><heading>Agricultural Structures Design and Fabrication (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisite: Agricultural Mechanics and Metal Technologies. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Agricultural Structures Design and Fabrication, students will explore career opportunities, entry requirements, and industry expectations. To prepare for careers in mechanized agriculture and technical systems, students must attain knowledge and skills related to agricultural structures design and fabrication. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their academic knowledge and technical skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student demonstrates principles of facilities design and fabrication related to agricultural structures. The student is expected to:(A) develop building plans;(B) select site and locate agricultural building placement; (C) estimate materials and costs needed for construction with an emphasis on renewable and eco-friendly materials;(D) select appropriate environmental control systems with a special emphasis on green technology; and(E) use computer-aided design software as appropriate.(3) The student explores the different types of power systems used in agricultural structures. The student is expected to:(A) define the terms and principles of electricity;(B) estimate electrical needs and loads;(C) plan installations using local codes and National Electric Code guidelines;(D) demonstrate the use of various meters;(E) select circuit wiring materials and supplies;(F) demonstrate electrical systems repair; and(G) explore alternative power systems, including solar, wind, and biomass.(4) The student constructs agricultural structures using appropriate technology. The student is expected to:(A) demonstrate appropriate use of surveying equipment;(B) demonstrate and apply Geographic Information System (GIS) and Global Positioning System (GPS) principles;(C) reinforce, place, finish, and cure concrete;(D) plan, establish, and maintain water-management systems;(E) identify non-traditional structural building techniques, including industry trends that are eco-friendly;(F) discuss the use of masonry and drywall construction;(G) install doors, windows, and roofing materials; and(H) install plumbing equipment and fixtures to comply with governmental regulations and applicable codes.(5) The student demonstrates metal construction techniques related to agricultural design and fabrication of structures. The student is expected to:(A) explain the operations of safe oxy-fuel cutting; and(B) demonstrate safe electrical welding.</content><note type="source"><p>Source Note: The provisions of this §127.42 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.43"><num value="127.43">§127.43</num><heading>Agricultural Equipment Design and Fabrication (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisite: Agricultural Mechanics and Metal Technologies. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Agricultural Equipment Design and Fabrication, students will acquire knowledge and skills related to the design and fabrication of agricultural equipment. To prepare for careers in mechanized agriculture and technical systems, students must attain knowledge and skills related to agricultural equipment design and fabrication. To prepare for success, students reinforce, apply, and transfer their academic knowledge and technical skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student demonstrates principles of design and fabrication related to agricultural machinery and equipment. The student is expected to:(A) develop project construction plans;(B) select appropriate construction and finish materials for different types of agricultural equipment;(C) estimate materials and costs needed for construction with an emphasis on renewable and eco-friendly materials;(D) construct one or more agricultural equipment projects using measuring and mechanical skills;(E) integrate a logical order of operations into the construction of an agricultural equipment project; and(F) use computer-aided design software.(3) The student plans, constructs, and maintains fences, corrals, and other agricultural enclosures. The student is expected to:(A) select site and locate enclosures;(B) estimate materials and building costs; and(C) define appropriate construction methods that are friendly to the environment.(4) The student demonstrates construction techniques related to design and fabrication of agricultural equipment. The student is expected to:(A) operate oxy-fuel and plasma cutting equipment safely; (B) proficiently demonstrate safe electrical welding; and(C) use hand and power tools safely in the construction and repair of agricultural equipment.(5) The student demonstrates knowledge of laws and regulations related to the construction, design and fabrication of agricultural equipment. The student is expected to:(A) incorporate industry standards developed by entities such as American National Standards Institute (ANSI), American Society of Agricultural Engineers (ASAE), or Occupational Safety and Health Administration (OSHA) into the construction of agricultural equipment; and(B) design and build equipment in compliance with state and federal laws enforced by agencies such as the U.S. Department of Transportation (DOT).</content><note type="source"><p>Source Note: The provisions of this §127.43 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.44"><num value="127.44">§127.44</num><heading>Agricultural Power Systems (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Agricultural Power Systems is designed to develop an understanding of power and control systems as related to energy sources, small and large power systems, and agricultural machinery. To prepare for careers in agricultural power, structural, and technical systems, students must attain academic skills and knowledge; acquire technical knowledge and skills related to power, structural, and technical agricultural systems and the workplace; and develop knowledge and skills regarding career opportunities, entry requirements, industry certifications, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and technical skills in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience program as an experiential learning activity;(B) apply proper record-keeping skills as they relate to the supervised agriculture experience;(C) participate in youth leadership opportunities to create a well-rounded experience program; and(D) produce and participate in a local program of activities using a strategic planning process.(2) The student connects power generation to differing energy sources. The student is expected to:(A) examine benefits and detriments of petroleum and alternative energy sources;(B) compare environmental impacts of varying energy sources;(C) compare efficiency and characteristics of different energy sources; and(D) investigate the efficiency of power generation systems that use various energy sources.(3) The student selects the appropriate tool to perform a given task related to agricultural power systems. The student is expected to:(A) select and identify standard tools, equipment, and safety procedures common to power and control applications;(B) follow operating instructions of specialized tools and equipment such as micrometers, digital multimeters, and dynamometers; (C) set up and adjust tools and equipment such as dynamometers, flow meters, torque wrenches, lathes, and mills;(D) maintain and store tools and equipment common to power and control applications; and(E) inventory tools and equipment in a service or maintenance facility.(4) The student selects, operates, and maintains small engines. The student is expected to:(A) describe principles of operation of internal combustion engines;(B) disassemble and reassemble small engines;(C) select, maintain, and troubleshoot small engines; and(D) research small engine industry certifications.(5) The student selects, operates, and maintains agricultural machines and equipment. The student is expected to:(A) identify and select agricultural equipment for appropriate tasks such as the selection of tillage equipment to obtain a desired result;(B) identify and maintain component materials such as bearings, hydraulic cylinders, seals, chains, and drives on varying types of machines and equipment;(C) ensure the presence and function of safety devices such as guards and shields and hardware on machinery and equipment;(D) calibrate metering, monitoring, and sensing equipment on various equipment such as tillage, harvest, transport, and haying equipment; and(E) perform pre-operation inspection and appropriate start-up procedures, identify causes of equipment malfunctions and failures, perform scheduled preventive maintenance, and safely operate equipment.(6) The student selects, operates, and maintains tractors and agricultural power systems. The student is expected to:(A) select tractors based upon application and power requirements and describe or perform safe operation of tractors in various applications;(B) maintain intake and exhaust system components, including shrouds, screens, filters, piping, after-coolers, air induction systems, manifolds, exhaust scrubbers, and mufflers;(C) select lubricants and apply appropriate lubrication as required by maintenance schedules;(D) identify and maintain various fuel systems, power trains, and hydraulic systems used on farm tractors;(E) explain charging, starting, operating, and igniting direct current electrical systems; (F) maintain steering and braking systems;(G) maintain tires and tracks and describe the role of ballasting and traction in farm tractors; and(H) explain the operation of and maintain liquid- and air-cooling systems in tractors.(7) The student monitors and controls electrical systems as related to agricultural machines and equipment. The student is expected to:(A) collect data and troubleshoot electrical systems using various meters and test equipment such as digital multimeters;(B) employ appropriate techniques for applying devices, controls, and grounding in electrical systems;(C) apply local and national codes and regulations relevant in electrical systems;(D) select and apply electric controls such as motor controls, switches, circuit breakers, timers, sensors, and relays; and(E) interpret data generated by electrical monitoring systems.(8) The student implements control systems related to agricultural machines and equipment. The student is expected to:(A) analyze schematic drawings for electrical control systems;(B) describe uses of various electrical control system components;(C) install control system components such as motor controls, switches, circuit breakers, timers, sensors, and relays and properly use appropriate tools, procedures, and safety practices; and(D) identify system performance problems and apply troubleshooting techniques using monitoring or troubleshooting devices.(9) The student describes hydraulic controls and applications as related to agricultural machines and equipment. The student is expected to:(A) describe the operation of open and closed center hydraulic systems;(B) explain the purpose and function of hydraulic controls such as valves, motors, pumps, cylinders, manifolds, and meters; and(C) create basic hydraulic circuits using a variety of hydraulic controls.(10) The student describes additional control systems as related to agricultural machines and equipment. The student is expected to:(A) explain the application of pneumatic systems and controls; and(B) explain the application of water or other fluid control systems to agricultural machines and equipment and their components.</content><note type="source"><p>Source Note: The provisions of this §127.44 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.45"><num value="127.45">§127.45</num><heading>Professional Standards and Communication in Agribusiness (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Professional Standards and Communication in Agribusiness focuses on leadership, communication, employer-employee relations, and problem solving as they relate to agribusiness. To prepare for careers in agribusiness systems, students must attain academic knowledge and skills, acquire technical knowledge and skills related to leadership development and communications in agriculture, and develop knowledge and skills regarding agricultural career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career development, education, and entrepreneurship opportunities in the field of agribusiness;(B) identify and demonstrate interpersonal, problem-solving, and critical-thinking skills used in agriculture, food, and natural resources industries;(C) describe and demonstrate appropriate personal and occupational safety and health practices for the workplace;(D) identify employers' legal responsibilities and expectations, including appropriate work habits and ethical conduct;(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy; and(F) identify training, education, and certification requirements for occupational choices.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) apply proper record-keeping skills as they relate to the supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student analyzes the professional development skills needed to be an effective leader in agribusiness. The student is expected to:(A) describe the importance of positive self-concept, social skills, and maintaining a professional image;(B) analyze various leadership styles;(C) prepare a professional resume, letters of interest, employment applications, and follow-up communications related to the hiring process; and(D) explain the interpersonal skills needed to work cooperatively with others.(5) The student evaluates employer and employee responsibilities for occupations in agriculture, food, and natural resources. The student is expected to:(A) identify and discuss work-related and agribusiness-related ethics;(B) identify and practice job interview skills; and(C) outline complaint and appeal processes in the workplace.(6) The student communicates effectively through various mediums with groups and individuals. The student is expected to:(A) describe elements of effective communication such as accuracy, relevance, rhetoric, and organization in informal, group discussions; formal presentations; and business-related, technical communication;(B) describe how the style and content of spoken language varies in different contexts and can influence the listener's understanding;(C) evaluate elements of oral presentations such as delivery, vocabulary, length, and purpose;(D) modify presentations based on audience;(E) identify elements of appropriate professional communications in agribusiness such as correct usage of grammar and punctuation;(F) explain the importance of communicating factual and unbiased data and information obtained from reliable sources;(G) identify and demonstrate effective nonverbal communication skills and listening strategies; and(H) analyze and discuss the importance of relationships and organization for effective communication within groups.(7) The student understands the dynamics of group collaboration. The student is expected to:(A) explain the significance of personal and group goals;(B) apply various leadership traits to solve problems when leading a group;(C) discuss the importance of time management and teamwork;(D) outline the steps in the decision-making and problem-solving processes; and(E) demonstrate an understanding of parliamentary procedures by conducting or actively participating in a meeting.(8) The student applies principles of design in visual media as they relate to agriculture. The student is expected to:(A) explain the purpose of visual media;(B) identify principles of design for visual media;(C) create designs such as web design or print design for a targeted purpose in agribusiness; and(D) interpret, evaluate, and justify artistic decisions in visual media related to agribusiness.(9) The student demonstrates journalistic writing in agriculture. The student is expected to:(A) differentiate between news, feature, and opinion writing;(B) identify different forms of journalistic writing such as feature story, press release, and editorials; and(C) create different forms of journalistic writing for a topic in agribusiness using the drafting process, including layout, selection, revisions, and editing.(10) The student identifies new media being used in agriculture. The student is expected to:(A) identify effective use of emerging technology in agricultural communications;(B) propose a media campaign for an agricultural product or business;(C) distinguish between appropriate and inappropriate uses of media; and(D) identify key concepts related to digital citizenship and demonstrate appropriate use of technology for the workplace.(11) The student examines media laws and ethics related to agricultural communications. The student is expected to:(A) define free speech, free press, defamation, and libel within communications;(B) identify and explain media laws applicable to various agricultural communications;(C) identify and discuss ethical considerations related to media; and(D) evaluate and practice safe, legal, and responsible use of communication technologies.(12) The student examines crisis management and risk communication in agricultural communications. The student is expected to:(A) differentiate between crisis and risk communication;(B) create an outline for a crisis communication plan in agriculture; and(C) analyze communication techniques, relevant communication networks, and organization communication strategies before, during, and after a crisis.</content><note type="source"><p>Source Note: The provisions of this §127.45 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.46"><num value="127.46">§127.46</num><heading>Agribusiness Management and Marketing (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Agribusiness Management and Marketing is designed to provide a foundation to agribusiness management and the free enterprise system. Instruction includes the use of economic principles such as supply and demand, budgeting, record keeping, finance, risk management, business law, marketing, and careers in agribusiness. To prepare for careers in agribusiness systems, students must attain academic skills and knowledge, acquire technical knowledge and skills related to agribusiness marketing and management and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career and entrepreneurship opportunities for a chosen occupation in the field of agribusiness systems science and develop a plan for obtaining the education, training, and certifications required;(B) model professionalism by continuously exhibiting appropriate work habits, solving problems, taking initiative, communicating effectively, listening actively, and thinking critically;(C) model appropriate personal and occupational safety and health practices and explain the importance of established safety and health protocols for the workplace;(D) analyze and interpret the rights and responsibilities, including ethical conduct and legal responsibilities, of employers and employees; and(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student recognizes and explains roles within organizations, inter-organizational systems, and the larger environment. The student is expected to:(A) identify how organizational systems affect performance and the quality of products and services related to agriculture, food, and natural resources;(B) research and describe the domestic and global context of agricultural industries and careers;(C) describe the nature and types of agribusiness organizations; and(D) identify the sectors of agribusiness such as production, processing, and distribution.(5) The student examines critical aspects of career opportunities in one or more agriculture, food, and natural resources careers. The student is expected to:(A) research job descriptions for one or more careers in agriculture, food, and natural resources and analyze labor market trends for the selected career(s); and(B) identify educational and credentialing requirements for one or more careers in agriculture, food, and natural resources.(6) The student defines and examines agribusiness management and marketing and its importance to agriculture and the economy. The student is expected to:(A) describe different roles and functions of management and leadership in agribusiness;(B) analyze the impact of management and marketing on the production, processing, and distribution of agricultural products;(C) identify key economic principles of free enterprise;(D) explain the impact of key economic principles in agribusiness;(E) analyze the economic opportunities of agribusiness in a selected market or region; and(F) identify how agribusiness management and marketing impact consumer and market trends.(7) The student explains the importance of maintaining records and budgeting in agribusiness. The student is expected to:(A) maintain and analyze agribusiness records such as payroll, employee benefits, inventories, financial statements, and balance sheets to make informed business decisions;(B) research and identify loan and financing opportunities in agribusiness;(C) compare methods of capital resource acquisition as it pertains to agriculture; and(D) apply a cost-benefit analysis to a budget for an agricultural business.(8) The student describes issues related to government policy and seeks opportunities to eliminate barriers for all stakeholders. The student is expected to:(A) analyze methods of decision making;(B) identify and examine the effects of government policies and regulations in making management decisions;(C) describe the role of human resources in ensuring equality in the workplace;(D) identify employee rights and laws pertaining to the workplace; and(E) identify the rights and responsibilities of land and property ownership such as uses, taxes, wills, and liabilities.(9) The student describes the marketing of agricultural products. The student is expected to:(A) describe the purpose and importance of marketing agricultural products;(B) develop a marketing plan for an agricultural business or product;(C) compare various agribusiness markets and influence factors;(D) identify methods used in agriculture for managing risk; and(E) identify and analyze trends in agricultural commodity markets.(10) The student understands the efficiency aspects of agribusiness management. The student is expected to:(A) develop agricultural management and financial documents using management software or information technology;(B) identify components of and develop an agribusiness entrepreneurial plan;(C) identify components of and develop an agribusiness financial management plan; and(D) create and present an agriculture business proposal.</content><note type="source"><p>Source Note: The provisions of this §127.46 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.47"><num value="127.47">§127.47</num><heading>Agricultural Leadership, Research, and Communications (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: one credit from the courses in the Agriculture, Food, and Natural Resources Career Cluster. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Agricultural Leadership, Research, and Communications focuses on challenging students to use higher level thinking skills, develop leadership abilities, and develop and communicate agricultural positions effectively with all stakeholders. To prepare for careers in agriculture, food, and natural resources, students must attain academic knowledge and skills, acquire technical knowledge and skills related to the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and applying technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career and entrepreneurship opportunities for a chosen occupation in the field of agriculture and develop a plan for obtaining the education, training, and certifications required for the chosen occupation;(B) model professionalism by continuously exhibiting appropriate work habits, solving problems, taking initiative, communicating effectively, listening actively, and thinking critically;(C) model appropriate personal and occupational safety and health practices and explain the importance of established safety and health protocols for the workplace;(D) analyze and interpret the rights and responsibilities, including ethical conduct and legal responsibilities, of employers and employees; and(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student researches the qualities and characteristics of effective leaders within the agricultural industry. The student is expected to:(A) identify past agricultural leaders, explain contributions made by these leaders, and define the impact of their contributions on the agricultural industry;(B) compare characteristics of effective leaders and explain how these traits enabled them to enact meaningful change; and(C) analyze and present the leadership skills of a leader in the field of agriculture.(5) The student describes organizational leadership structures at the local, state, and national levels. The student is expected to:(A) identify agricultural or governmental leadership positions at the local, state, and national levels;(B) explain how individuals in leadership positions and their decisions impact the agricultural industry;(C) explain the processes by which laws, regulations, and policies are developed at the local, state, and national levels; and(D) evaluate a recent law affecting agriculture, food, and natural resources and analyze the impact of that law on local agriculture.(6) The student develops skills needed to participate effectively in an organizational meeting. The student is expected to:(A) describe parliamentary laws, motions, and other procedures;(B) apply parliamentary procedures to conduct organizational meetings;(C) debate and discuss issues in a clear, concise, and professional manner;(D) serve as presiding officer over an actual or mock organizational meeting; and(E) analyze an organizational meeting such as a chapter, a district, an area, or a state meeting or a local board meeting and make recommendations to increase the meeting's overall efficiency and effectiveness.(7) The student demonstrates an agriculture-related technical skill to stakeholders. The student is expected to:(A) examine the components of an effective skills demonstration and create a list of essential characteristics;(B) identify an agricultural skill, develop detailed instructions for performing that skill, and demonstrate the skill with proficiency;(C) analyze the performance of a pre-identified skill and make recommendations to increase the performance for overall efficiency and effectiveness; and(D) explain the relevance of real-world applications for the demonstration process.(8) The student asks questions, identifies problems, and conducts investigations to answer questions in agriculture. The student is expected to:(A) explain the importance of using scientific processes;(B) ask questions and define problems based on observations or data;(C) collect, organize, and analyze quantitative and qualitative data; and(D) present findings and conclusions based on research performed using scientific processes.(9) The student examines the use of logic in debate and analysis of current issues impacting the agricultural community. The student is expected to:(A) identify the rules and responsibilities of the affirmative and negative positions in a debate;(B) construct logical affirmative and negative cases in a debate using a variety of approaches; and(C) present an argument free of logical fallacies on a current agricultural issue.(10) The student examines an agricultural topic to develop an advocacy communication plan. The student is expected to:(A) identify and research controversial areas of agriculture;(B) identify and analyze all sides of a controversial agricultural issue;(C) develop an advocacy communication plan that addresses both supporting and opposing arguments; and(D) present the advocacy communication plan to an audience.(11) The student presents and communicates agricultural information using various media. The student is expected to:(A) identify historical and current media outlets;(B) research and write agricultural articles for publication in print media outlets;(C) develop and record scripts for radio broadcasts or podcast productions to effectively communicate agricultural information using technology;(D) develop scripts for video broadcasts and communicate agricultural information effectively using a video broadcast;(E) examine and critique various media platforms; and(F) communicate agricultural information in a responsible, professional manner via media.(12) The student communicates agricultural information by means of presentations to groups of various sizes. The student is expected to:(A) select appropriate tone, language, and content for an intended audience;(B) plan, develop, and deliver effective presentations; and(C) critique agricultural presentations given by self or others for structure, transitions, evidence, and details.(13) The student evaluates and critiques agricultural informational resources. The student is expected to:(A) identify processes used in the evaluation of a variety of agricultural resources;(B) evaluate agricultural resources for credibility, bias, and accuracy;(C) evaluate and compare agricultural resources and make professional decisions using reliable research resources; and(D) explain and defend decisions made in the evaluation of agricultural resources.(14) The student understands the importance of agricultural education. The student is expected to:(A) identify and examine historical and present-day agricultural education;(B) identify and research individuals, governmental agencies, and advocacy groups that are responsible for agricultural information dissemination and education; and(C) explain the importance of agricultural education.</content><note type="source"><p>Source Note: The provisions of this §127.47 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.48"><num value="127.48">§127.48</num><heading>Equine Science (One-Half Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Equine Science, students acquire knowledge and skills related to the equine industry. Equine Science may address topics related to horses, donkeys, and mules. To prepare for careers in the field of animal science, students must enhance academic knowledge and skills, acquire knowledge and skills related to equine systems, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career development, education, and entrepreneurship opportunities in the field of equine science;(B) identify and demonstrate interpersonal, problem-solving, and critical-thinking skills used in equine science;(C) describe and demonstrate appropriate personal and occupational safety and health practices for the workplace;(D) identify employers' legal responsibilities and expectations, including appropriate work habits and ethical conduct;(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy; and(F) identify training, education, and certification requirements for occupational choices.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills as they relate to the supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student analyzes the history, domestication, and selection of equine. The student is expected to:(A) research and describe the history and evolution of equine;(B) describe the impacts of equine industries such as racing, rodeos, equestrian therapy, and the global food market; and(C) evaluate and select equine breeds based on purpose and conformation.(5) The student explains the anatomy and physiology of equine. The student is expected to:(A) explain the function of the skeletal, muscular, respiratory, reproductive, digestive, and circulatory systems of equine;(B) identify and interpret ranges for healthy equine vital signs; and(C) compare normal and abnormal behavior of equine such as emotional and physical.(6) The student determines the nutritional requirements of equine. The student is expected to:(A) compare the equine digestive system to the digestive systems of other species;(B) identify and describe sources of nutrients and classes of feed for equine;(C) identify and research vitamins, minerals, and feed additives for equine;(D) formulate feed rations based on the nutritional requirements of equine; and(E) identify and discuss equine feeding practices, grazing practices, and feed quality issues.(7) The student understands how equine are affected by diseases and pests. The student is expected to:(A) identify and describe how bacteria, fungi, viruses, genetics, and nutrition affect equine health;(B) identify signs, symptoms, and prevention of equine diseases;(C) identify parasites of equine and explain the signs, symptoms, treatment, and prevention of equine parasites; and(D) discuss methods of administering equine medications and calculating dosage.(8) The student analyzes the management of equine. The student is expected to:(A) identify tools and equipment for grooming, riding, and training equine and select the appropriate tools or equipment for such tasks and purposes;(B) identify tools and equipment for safe handling and restraining of equine and select the appropriate tools or equipment for such tasks and purposes;(C) identify types and essential features of equine facilities such as housing, performance, veterinary, and reproduction facilities;(D) explain the procedures for breeding equine and caring for foals in accordance with industry standards;(E) explain and demonstrate methods of identifying ownership of equine, including branding and tattooing;(F) discuss effective equine management strategies such as financial planning, complying with governmental regulations, and interpreting performance data; and(G) explain methods of maintaining equine health and soundness such as hoof care and dental health.(9) The student discusses issues affecting the equine industry. The student is expected to:(A) describe biotechnology issues related to the equine industry;(B) research and explain animal welfare policy pertaining to equine industries such as racing, rodeos, equestrian therapy, the global food market, and pharmaceutical research; and(C) research and explain governmental regulations, environmental regulations, or current events that affect the equine industry.</content><note type="source"><p>Source Note: The provisions of this §127.48 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.49"><num value="127.49">§127.49</num><heading>Livestock and Poultry Production (One Credit), Adopted 2024</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one course from the Agriculture, Food, and Natural Resources Career Cluster. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Livestock and Poultry Production, students acquire knowledge and skills related to the livestock and poultry production industry. Livestock and Poultry Production may address topics related to beef cattle, dairy cattle, swine, sheep, goats, and poultry. To prepare for careers in the field of animal science, students must attain academic knowledge and skills, acquire knowledge and skills related to livestock and poultry systems and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills as they relate to the supervised agricultural experience program.(2) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities; (B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences. (3) The student analyzes the history, domestication, and selection of livestock and poultry. The student is expected to:(A) research and describe the history, domestication, and evolution of livestock and poultry species;(B) describe the impacts other industries such as entertainment, recreation and leisure, and exhibition of animals have on the livestock and poultry industry; and(C) evaluate and select livestock and poultry breeds based on purpose and conformation.(4) The student explains the anatomy and physiology of livestock and poultry species. The student is expected to:(A) identify and explain the skeletal, muscular, respiratory, and circulatory systems of livestock and poultry;(B) identify and interpret ranges for healthy livestock and poultry vital signs; and(C) compare normal and abnormal behavior of livestock and poultry.(5) The student determines nutritional requirements of livestock and poultry. The student is expected to:(A) describe and compare the digestive systems of ruminant and non-ruminant animals;(B) identify sources of nutrients and classes of feed for livestock and poultry;(C) identify vitamins, minerals, and feed additives for livestock and poultry;(D) formulate feed rations based on nutritional needs and economic factors for livestock and poultry;(E) research and discuss feeding practices and feed quality issues for livestock and poultry;(F) identify forage plants used for livestock grazing; and(G) research and explain livestock and poultry grazing practices such as rotational grazing and deferred grazing.(6) The student explains livestock and poultry genetics and reproduction. The student is expected to:(A) describe and compare the reproductive systems of various livestock and poultry;(B) identify and explain livestock and poultry breeding systems such as grading up, crossbreeding, linebreeding, and inbreeding;(C) use Expected Progeny Differences (EPDs) to evaluate livestock production;(D) research and explain current and emerging technologies in livestock and poultry reproduction such as cloning, embryo transfer, in vitro fertilization, and artificial insemination;(E) use Punnett squares to predict phenotypes and genotypes of livestock offspring; and(F) explain the relationship between body condition scores and reproductive efficiency for livestock and poultry.(7) The student understands how livestock and poultry are affected by pests and diseases. The student is expected to:(A) identify and describe how bacteria, fungi, viruses, genetics, and nutrition affect livestock and poultry health;(B) identify signs, symptoms, and prevention of livestock and poultry diseases;(C) identify parasites and explain the signs, symptoms, treatment, and prevention of livestock and poultry parasites; and(D) calculate dosage and identify administration methods of livestock and poultry medications.(8) The student analyzes the management skills needed for livestock and poultry production. The student is expected to:(A) identify tools and equipment for safe handling and restraining of livestock and poultry and select the appropriate tools or equipment for such tasks and purposes;(B) identify types and essential features of facilities for livestock and poultry such as housing, veterinary, and reproduction facilities;(C) evaluate and describe industry practices such as dehorning, castrating, docking, and vaccinating and sire, dam, and newborn care to maximize the efficiency of livestock and poultry;(D) explain and demonstrate methods of identifying ownership of livestock and poultry such as branding, ear tagging, ear notching, wing bands, and tattooing; and(E) explain the use of technology such as aircraft, robotics, and smart irrigation in modern livestock and poultry production. (9) The student examines the interrelationship of the factors impacting livestock and poultry production operations. The student is expected to:(A) research and explain livestock and poultry biosecurity and waste management practices;(B) create an effective financial management plan for a livestock and poultry production operation;(C) analyze and discuss environmental regulations, governmental regulations, and animal welfare policies related to livestock and poultry production;(D) analyze the United States Department of Agriculture (USDA) standards and guidelines for organic livestock and poultry production;(E) analyze and describe the interrelationship between grain markets and the livestock and poultry industry;(F) assess the impact of the United States livestock and poultry industry on world commodity markets;(G) use charts, tables, data, or graphs to evaluate the efficiency of livestock and poultry production; and(H) develop and present a livestock or poultry operation plan that includes health, reproduction, nutrition, and management practices necessary for maximum efficiency.</content><note type="source"><p>Source Note: The provisions of this §127.49 adopted to be effective September 9, 2024, 49 TexReg 6994; amended to be effective November 2, 2025, 50 TexReg 7013.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.50"><num value="127.50">§127.50</num><heading>Small Animal Management (One-Half Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Small Animal Management, students acquire knowledge and skills related to the small animal management industry. Small Animal Management may address topics related to small animals such as dogs and cats, rabbits, pocket pets, amphibians, reptiles, and birds. To prepare for careers in the field of animal science, students must enhance academic knowledge and skills, acquire knowledge and skills related to small animal systems, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career development, education, and entrepreneurship opportunities in the field of small animal management;(B) identify and demonstrate interpersonal, problem solving, and critical thinking skills used in small animal management;(C) describe and demonstrate appropriate personal and occupational safety and health practices for the workplace;(D) identify employers' legal responsibilities and expectations, including appropriate work habits and ethical conduct;(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy; and(F) identify training, education, and certification requirements for occupational choices.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills as they relate to the supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student analyzes the history, domestication, and importance of small animal ownership. The student is expected to:(A) research and explain the history, domestication, and purpose of small animals;(B) identify and discuss the influence small animals have on society;(C) describe the economic impact of the small animal industry;(D) describe the responsibilities and benefits of small animal ownership;(E) explain services small animals provide to society such as medical, support, research, and working; and(F) research and discuss the environmental and governmental regulations related to small animal ownership.(5) The student understands the hazards associated with working in the small animal industry. The student is expected to:(A) explain and demonstrate safe practices, including the proper use of personal protective equipment (PPE), when working with small animals;(B) identify zoonotic diseases that can be transmitted by small animals;(C) describe sanitation methods used to prevent the spread of disease in small animals; and(D) locate, interpret, and implement safety data sheets (SDS) for handling chemicals.(6) The student evaluates current topics in small animal rights and animal welfare. The student is expected to:(A) analyze current issues in animal rights and animal welfare;(B) research and report important persons, organizations, and groups involved in the animal rights movement; and(C) create and discuss a historical timeline of major legislation related to animal welfare.(7) The student explains anatomy and physiology of small animals. The student is expected to:(A) identify and explain the skeletal, muscular, respiratory, reproductive, digestive, and circulatory systems for each species studied;(B) identify and interpret ranges for healthy small animal vital signs; and(C) compare normal and abnormal behavior of small animals.(8) The student analyzes the care and management skills for a variety of small animals. The student is expected to:(A) identify and discuss the impact physical characteristics have on the management practices for each species studied;(B) identify and compare the breeds and types of each species studied;(C) discuss the ownership identification methods, habitat, housing, and equipment needs for each species studied;(D) identify nutritional requirements for each species studied;(E) explain health maintenance for each species studied, including prevention and control of diseases and parasites;(F) describe and practice methods of handling for each species studied;(G) discuss basic grooming procedures for each species studied; and(H) identify copulation, gestation, parturition, and weaning practices for each species studied.(9) The student examines the interrelationship of the factors impacting small animal ownership. The student is expected to:(A) develop and present a small animal ownership plan that includes health, reproduction, nutrition, and management practices; and(B) research and create a financial plan for small animal operation or ownership.</content><note type="source"><p>Source Note: The provisions of this §127.50 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.51"><num value="127.51">§127.51</num><heading>Veterinary Science (One Credit), Adopted 2024</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Equine Science, Small Animal Management, or Livestock and Poultry Production. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Veterinary Science covers topics relating to veterinary practices, including practices for large and small animal species. To prepare for careers in the field of animal science, students must attain academic knowledge and skills, acquire technical knowledge and skills related to animal systems and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer knowledge and skills and technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills as they relate to the supervised agricultural experience program.(2) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities; (B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences. (3) The student understands safety and health practices associated with working in veterinary medicine. The student is expected to:(A) explain the importance of safe practices such as handling, restraint, and proper use of tools and equipment when working with animals;(B) identify and discuss transmission and prevention of zoonotic diseases in large and small animal species;(C) describe sanitation methods to prevent the spread of pathogens and maintain asepsis in sterile environments;(D) locate, interpret, and implement safety data sheets (SDS) for handling chemicals;(E) demonstrate and explain safe usage of clinical tools and equipment; and(F) perform proper disposal of sharps and biohazards.(4) The student understands current topics, professional ethics, and laws that relate to veterinary medicine. The student is expected to:(A) research and discuss historical events, trends, and issues that have impacted veterinary medicine;(B) analyze topics related to veterinary medical ethics, including animal rights and animal welfare; and(C) explain policies and procedures in veterinary medicine that reflect local, state, and federal laws.(5) The student evaluates effective management approaches and marketing strategies to determine their importance to the success of veterinary practices such as clinics and hospitals. The student is expected to:(A) describe how the human-animal bond impacts veterinary practices when working with clients and their animals;(B) identify and demonstrate skills needed to communicate effectively with clients and veterinary professionals;(C) identify marketing strategies and explain how marketing affects the success of a veterinary practice; and(D) research and discuss how electronic technology such as computer programs, medical records, hospital-to-hospital communication, and tablets is used in a veterinary practice.(6) The student communicates the importance of medical terminology, evaluates veterinary terms to discover their meanings, and demonstrates the ability to use terms correctly. The student is expected to:(A) analyze Greek and Latin prefixes, suffixes, and roots to determine the meaning of veterinary terms;(B) identify, pronounce, and spell veterinary terms appropriately; and(C) use directional anatomy terms appropriately for large and small animal species.(7) The student understands proper animal handling as it relates to characteristics and behavior. The student is expected to:(A) identify animal breeds according to characteristics;(B) identify and compare normal and abnormal behavior within and among various animal species; and(C) identify and discuss correct handling and restraint protocols for large and small animal species such as muzzling, lateral recumbency, sternal recumbency, jugular venipuncture, and haltering.(8) The student explains anatomy and physiology of animals. The student is expected to:(A) identify the parts and functions of the skeletal, muscular, respiratory, circulatory, digestive, endocrine, and nervous systems for large and small animal species; and(B) describe the interrelationships among animal body systems.(9) The student determines the importance of animal nutrition in maintaining a healthy animal. The student is expected to:(A) identify sources of nutrients and classes of feeds for large and small animal species;(B) identify feed additives for large and small animal species and describe how additives affect the food supply;(C) analyze dietary needs and feed-quality issues for large and small animal species and their effect on feeding practices; and(D) research and compare the nutritional value of feeds such as prescription, commercial, homemade, fad, and raw diets for large and small animal species.(10) The student evaluates an animal's health during a clinical examination. The student is expected to:(A) describe the characteristics and signs of a healthy and an unhealthy animal;(B) identify ranges for healthy vital signs for large and small animal species such as temperature, pulse, respiration, hydration, and capillary refill time;(C) demonstrate the proper procedures for obtaining vital signs for large and small animal species and interpret vital sign measurements to determine the health of the animal;(D) describe effects of age, stress, and environmental factors on vital signs of animals;(E) explain procedures for physical examinations for large and small animal species;(F) explain the anatomical regional approach to assess an animal's health;(G) apply mathematical skills to calculate weight and linear body measurement for large and small animal species and to convert between measurement systems; and(H) analyze tables, charts, and graphs to interpret large and small animal patient and clinical data.(11) The student analyzes how diseases and parasites affect animal health. The student is expected to:(A) describe the process of immunity and disease transmission for large and small animal species;(B) identify and describe pathogens for large and small animal species and the diseases they cause;(C) describe the effects that diseases have on various body systems for large and small animal species;(D) identify parasites for large and small animal species using common and scientific names;(E) describe life cycles of parasites found in large and small animal species;(F) explain how parasites found in large and small animal species are transmitted and explain the effects on the host;(G) describe parasitic diagnostic procedures for large and small animal species; and(H) describe treatment protocols for parasites found in large and small animal species.(12) The student examines various aspects of veterinary laboratory procedures. The student is expected to:(A) explain the procedures used in collecting, handling, and preparing fecal, blood, and urine specimens for large and small animal species;(B) explain veterinary procedures used in examining fecal, blood, and urine specimens; and(C) analyze and compare normal and abnormal results obtained in veterinary laboratory procedures.(13) The student analyzes technical veterinary procedures and skills. The student is expected to:(A) explain the care, maintenance, and use of equipment and instruments found in veterinary practices;(B) interpret and prepare a veterinary medical record, adhering to client and patient confidentiality;(C) explain and demonstrate routine animal care skills such as administering medications, nail trimming, bathing, dipping, grooming, ear cleaning, expressing anal sacs, dental care, placing a tail tie, and ownership identification methods;(D) explain and demonstrate therapeutic care for large and small animal species such as patient observation, maintaining and administering fluids, applying and removing bandages, removing sutures, caring for open wounds, and providing hydrotherapy physical therapy;(E) describe emergency protocols and first aid procedures for large and small animal species, including cardiopulmonary resuscitation, control of bleeding, and signs of shock; and(F) research and compare veterinary care of specialty patients, including newborns, orphans, geriatric animals, recumbent animals, and animals with disabilities.(14) The student identifies and discusses surgical-assisting procedures and skills. The student is expected to:(A) explain the veterinary protocol for pre-surgical and post-surgical care of a patient;(B) identify tools and equipment used in veterinary surgical procedures;(C) describe methods used in the preparation, sterilization, and opening of surgery packs; and(D) describe veterinary surgical procedures such as spaying, castration, dehorning, docking, dental prophylaxis, and tooth extraction.(15) The student identifies imaging equipment and understands how to safely operate and maintain equipment. The student is expected to:(A) research and explain the parts and function of imaging equipment such as an ultrasonograph, endoscope, electrocardiograph, and radiograph;(B) explain safety, maintenance, and operation procedures of imaging equipment;(C) demonstrate patient restraint and positioning methods used for imaging purposes of large and small animal species; and(D) differentiate between the images from various imaging equipment.(16) The student identifies veterinary pharmacology procedures and skills. The student is expected to:(A) identify veterinary medications according to their classification, schedule, form, routes of administration, and methods of administration;(B) explain handling, storage, distribution, protocols, and laws for veterinary medications, including controlled substances;(C) calculate dosage for large and small animal species using factors such as concentration of drug, weight of animal, and prescribed dosage;(D) prepare a veterinary prescription label with identifiers that are required by the United States Food and Drug Administration;(E) identify and explain the equipment and instruments used to safely administer medications for large and small animal species; and(F) research and present emerging trends in veterinary pharmacology such as internet pharmacies, herbal supplements, organic labeling, and extra-label and off-label use of medications.</content><note type="source"><p>Source Note: The provisions of this §127.51 adopted to be effective September 9, 2024, 49 TexReg 6994; amended to be effective November 2, 2025, 50 TexReg 7013.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.52"><num value="127.52">§127.52</num><heading>Advanced Animal Science (One Credit), Adopted 2024</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Biology and Chemistry or Integrated Physics and Chemistry (IPC); Algebra I and Geometry; and either Small Animal Management, Equine Science, or Livestock and Poultry Production. Recommended prerequisite: Veterinary Science. Students must meet the 40% laboratory and fieldwork requirement. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Advanced Animal Science examines the interrelatedness of human, scientific, and technological dimensions of animal production, including canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorpha production. Instruction is designed to allow for the application of scientific and technological aspects of animal science through field and laboratory experiences. To prepare for careers in the field of animal science, students must attain academic knowledge and skills, acquire knowledge and skills related to animal systems, and develop knowledge and skills regarding career opportunities, entry requirements, and industry standards. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills in a variety of settings.(4) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not scientifically testable.(5) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as dissection equipment, standard laboratory glassware, microscopes, various prepared slides, measuring devices, micropipettors, hand lenses, thermometers, hot plates, laboratory notebook, timing devices, cameras, Petri dishes, laboratory incubators, models, diagrams, and samples of biological specimens, syringes, needles, scalpels, microscopes slides, cover slips, artificial insemination equipment, and drench gun;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using calculators, computers, software, laboratory notebook, recordkeeping system, and reliable sources;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(6) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities; (B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences. (7) The student analyzes the history, domestication, and evaluation of animals, including canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs. The student is expected to:(A) research and describe the history, including evolution, domestication, and introduction of species to countries, of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs; (B) analyze and describe how changes in the global food market impact the animal production industry; and(C) evaluate breeds of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorph based on purpose and conformation.(8) The student defines how an organism grows and how specialized cells, tissues, and organs develop. The student is expected to:(A) compare cells to show specialization of structure and function;(B) explain cell division, including mitosis and meiosis;(C) explain cell differentiation in the development of tissues and organs; and(D) identify and explain the biological levels of organization in animals.(9) The student examines and compares anatomy and physiology in animals. The student is expected to:(A) compare the external anatomy of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(B) identify the anatomical structures and physiological functions of the skeletal, muscular, circulatory, genitourinary, respiratory, nervous, immune, and endocrine systems of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs; and(C) investigate and describe the interrelationship among animal body systems.(10) The student understands the anatomical structures and physiological functions of the digestive system to determine nutritional requirements of ruminant and non-ruminant animals. The student is expected to:(A) describe the structures and functions of the digestive systems of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(B) identify and describe sources of nutrients and classes of feeds for canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(C) identify and describe the feed additives and supplements used to meet the nutritional requirements of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(D) formulate rations based on different nutritional requirements, including age, gestation, lactation, sex, and purpose, for canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(E) analyze feeding practices in relation to nutritional requirements, including age, gestation, lactation, sex, and purpose, for canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(F) analyze feed quality issues and determine their effect on the health of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(G) research and compare the nutritional value of feeds for all species discussed;(H) identify forage plants used for livestock grazing and analyze the protein levels of each; and(I) research grazing practices such as rotational grazing and deferred grazing and explain the advantages and disadvantages of each using the scientific and engineering design process.(11) The student understands the principles of molecular genetics and heredity. The student is expected to:(A) explain Mendel's laws of inheritance and predict genotypes and phenotypes of offspring using a Punnett square;(B) use a Punnett square and assign alleles to justify genotype and phenotype predictions;(C) identify the parts of the nucleotide and differentiate between the nucleotides found in deoxyribonucleic acid (DNA) and ribonucleic acid (RNA); and(D) explain the functions of DNA and RNA.(12) The student applies the principles of reproduction and breeding to animal improvement. The student is expected to:(A) describe and compare reproductive anatomy of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs; (B) analyze and compare reproductive cycles and phases of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(C) correlate the reproductive cycles and phases to animal behavior;(D) research breeding systems, including grading up, crossbreeding, linebreeding, and inbreeding, and explain the advantages and disadvantages of each using the scientific and engineering design process; and(E) research breeding methods, including embryo transfer, artificial insemination, and natural mating, and explain the advantages and disadvantages of each using the scientific and engineering design process.(13) The student analyzes how diseases and parasites affect animal health. The student is expected to:(A) examine how factors such as geographic location, age, genetic composition, and inherited diseases influence the health of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(B) describe the process of immunity and disease transmission of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(C) identify and describe pathogens and the diseases they cause in canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(D) describe the effects that diseases have on various body systems of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(E) research and explain the methods of prevention and control for diseases of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(F) identify parasites of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs using common and scientific names;(G) describe the life cycles of various parasites and relate them to animal health issues;(H) explain how parasites are transmitted and the effect they have on canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs;(I) conduct or simulate parasite diagnostic tests; and(J) explain the methods of prevention, control, and treatment of parasites of canine, feline, bovine, equine, caprine, porcine, ovine, poultry, and lagomorphs.(14) The student discusses livestock market readiness and harvesting methods. The student is expected to:(A) explain the stages of animal growth and development and how they relate to market readiness;(B) evaluate market class and grades of livestock;(C) compare harvesting methods for various species using the scientific and engineering design process;(D) research and describe federal and state meat inspection standards such as safety, hygiene, and quality control standards;(E) identify wholesale and retail cuts of meat and correlate to major muscle groups; and(F) research animal by-products and explain their impact on society.(15) The student explores methods of marketing animals and animal products. The student is expected to:(A) compare various methods of animal marketing such as auction, contract sales, private treaty, internet sales, value-based, and exhibition of various animals;(B) describe methods of marketing animal products such as farmers market, direct sales, wholesale, and retail;(C) research and evaluate the effectiveness of various strategies and campaigns to market animal products based on consumption patterns and consumer preferences; and(D) research and evaluate the effectiveness of various labeling options to market animal products such as organic, farm-raised, hormone-free, cage-free, grass-fed, antibiotic-free, and non-GMO labels based on consumption patterns and consumer preferences.(16) The student demonstrates an understanding of policies and current issues in animal science. The student is expected to:(A) investigate and discuss the use of biotechnology and biosecurity in the animal science industry;(B) identify governmental regulations and policies such as environmental and animal welfare and research the impacts on animal production; and(C) identify and research a current issue in scientific animal agriculture and design a protocol to address the issue using the scientific and engineering design process.</content><note type="source"><p>Source Note: The provisions of this §127.52 adopted to be effective September 9, 2024, 49 TexReg 6994; amended to be effective November 2, 2025, 50 TexReg 7013.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.53"><num value="127.53">§127.53</num><heading>Floral Design (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. This course satisfies the fine arts graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Floral Design is designed to develop students' ability to identify and demonstrate the elements and principles of floral design as well as develop an understanding of the management of floral enterprises. Through the analysis of artistic floral styles and historical periods, students develop respect for the traditions of and appreciation for the contributions of diverse cultures. Students respond to and analyze floral designs, thus contributing to the development of lifelong skills of making informed judgments and evaluations. To prepare for careers in floral design, students must attain academic knowledge and skills, acquire technical knowledge and skills related to horticultural systems, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Floral Design follows the four basic fine arts strands of foundations: observation and perception; creative expression; historical and cultural relevance; and critical evaluation and response to provide broad, unifying structures for organizing the knowledge and skills students are expected to acquire. Each strand is of equal value and may be presented in any order throughout the year. Students rely on personal observations and perceptions, which are developed through increasing visual literacy and sensitivity to surroundings, communities, memories, imaginings, and life experiences as sources for thinking about, planning, and creating original floral art. Students communicate their thoughts and ideas with innovation and creativity. Through floral design, students challenge their imaginations, foster critical thinking, collaborate with others, and build reflective skills. While exercising meaningful problem-solving skills, students develop the lifelong ability to make informed judgments.(5) Students are encouraged to participate in extended learning experiences related to floral design such as career and technical student organizations and other leadership or extracurricular organizations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career and entrepreneurship opportunities for a chosen occupation in the field of floral design and develop a plan for obtaining the education, training, and certifications required;(B) model professionalism by continuously exhibiting appropriate work habits, solving problems, taking initiative, communicating effectively, listening actively, and thinking critically;(C) model appropriate personal and occupational safety and health practices and explain the importance of established safety and health protocols for the workplace;(D) analyze and interpret the rights and responsibilities, including ethical conduct and legal responsibilities, of employers and employees; and(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student identifies elements and principles of design in floral art in both historical and current contexts. The student is expected to:(A) identify the historical trends and characteristics of floral art as they relate to current industry practices;(B) identify design elements in floral art, including color, texture, form, line, space, pattern, size, and fragrance;(C) identify design principles in floral art, including rhythm, balance, proportion, dominance, contrast, harmony, and unity;(D) identify the ancillary concepts of design principles such as emphasis, focal area, repetition, transition, opposition, and variation; and(E) compare the forms and functions of flowers and foliage, including form, mass, line, and filler.(5) The student demonstrates elements and principles through the creation of floral designs using flowers and plants. The student is expected to:(A) create and evaluate floral arrangements using cut flowers, including arrangements using bud vases, and round, symmetrical, and asymmetrical designs;(B) create and evaluate floral designs using permanent botanicals such as homecoming mums;(C) design and create corsages and boutonnieres;(D) create floral designs for specific holidays and cultural occasions such as weddings and funerals; and(E) create interiorscapes using the elements and principles of floral design.(6) The student makes informed judgments about personal designs and the designs of others. The student is expected to:(A) interpret, evaluate, and justify artistic decisions in the design of personal arrangements;(B) evaluate and appraise floral designs;(C) construct a physical or electronic portfolio of personal floral artwork to provide evidence of learning; and(D) interpret and evaluate design elements and principles in floral arrangements of others.(7) The student demonstrates contemporary designs and creativity in the floral industry by developing floral design skills. The student is expected to:(A) identify and classify specialty floral items for a variety of occasions;(B) create specialty designs to expand artistic expression;(C) apply proper wiring and taping techniques to materials used in the floral industry; and(D) demonstrate safe and proper usage of floral design tools.(8) The student recognizes the current industry practices of floral enterprises. The student is expected to:(A) identify and classify flowers, foliage, and plants used in floral design;(B) use temperature, preservatives, and cutting techniques to extend the vase life of floral materials;(C) identify and describe how tools, chemicals, and equipment are used in floral design and describe safe handling practices;(D) analyze the needs of indoor plants such as fertilizer, light, pruning, and water based on the condition of the plant;(E) identify common pests and diseases that affect the floral industry; and(F) identify management techniques of pests and diseases in the floral industry, including the safe use of pesticides.(9) The student recognizes current business management practices of floral enterprises. The student is expected to:(A) create cost-effective floral designs;(B) apply pricing strategies and order-processing skills to meet various budgets and needs; and(C) describe packaging, distribution, and setup logistics in the floral industry.(10) The student understands botany and physiology and how they relate to floral design and interiorscapes. The student is expected to:(A) analyze the structure and functions of indoor plants used in the floral industry; and(B) identify the structure and functions of flowers used in the floral industry.</content><note type="source"><p>Source Note: The provisions of this §127.53 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.54"><num value="127.54">§127.54</num><heading>Horticultural Science (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: at least one credit in a course from the Agriculture, Food, and Natural Resources Career Cluster. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Horticultural Science, students develop an understanding of common horticultural management practices as they relate to food and ornamental plant production. To prepare for careers in horticultural industry systems, students must attain academic knowledge and skills, acquire technical knowledge and skills related to horticulture and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career and entrepreneurship opportunities in the field of plant science and develop a plan for obtaining the education, training, and certifications required;(B) model professionalism by continuously exhibiting appropriate work habits, solving problems, taking initiative, communicating effectively, listening actively, and thinking critically;(C) model appropriate personal and occupational safety and health practices and explain the importance of established safety and health protocols for the workplace;(D) analyze and interpret the rights and responsibilities, including ethical conduct and legal responsibilities, of employers and employees; and(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student understands the history and progression of the horticulture industry. The student is expected to:(A) trace how relevant historical advancements in the horticulture industry relate to current industry practices;(B) identify and describe different disciplines of horticulture such as arboriculture, floriculture, olericulture, pomology, viticulture, turf management, and ornamental horticulture;(C) identify and research emerging technology in the horticulture industry;(D) identify current trends in the horticulture industry; and(E) compare types of horticulture industries in the different regions of Texas.(5) The student identifies plant structures and their functions and needs. The student is expected to:(A) classify horticultural plants by their common and scientific names;(B) describe functional differences in plant structures, including roots, stems, flowers, leaves, and fruit;(C) identify pollination factors affecting plants and trees such as access to pollinators, wind, and hand pollination;(D) compare monocots and dicots;(E) analyze environmental needs of plants, including light, water, and nutrients; and(F) identify the components of a fertilizer label.(6) The student develops technical knowledge and skills associated with the production of horticultural plants. The student is expected to:(A) classify horticultural plants based on taxonomy;(B) identify classifications of plants, including annuals, perennials, biennials, and evergreens, based on growing cycles;(C) identify horticultural plants based on their physical characteristics;(D) compare the reproduction of flowering and non-flowering horticultural plants;(E) select appropriate tools and equipment for production of horticultural plants;(F) demonstrate safe and appropriate use of tools and equipment; and(G) identify maintenance practices for hand tools, power tools, and equipment.(7) The student understands plant propagation techniques and growing methods. The student is expected to:(A) identify asexual propagation methods for horticultural plants, including cuttings, grafting, budding, layering, and tissue culture;(B) propagate horticultural plants using asexual methods such as cuttings, grafting, budding, layering, and tissue culture;(C) manipulate the germination of seeds using various methods such as mechanical scarification, chemical scarification, and heat and cold treatments;(D) compare various soil-based growing media; and(E) identify soilless growing methods used in the horticulture industry.(8) The student manages and controls common pests, diseases, and deficiencies of horticultural plants. The student is expected to:(A) identify and manage common horticultural pests, diseases, and deficiencies;(B) identify and manage common weeds that impact horticultural production;(C) develop a plan for disease control using integrated pest management;(D) apply proper sanitation methods to prevent the spread of pests;(E) demonstrate safe and proper practices in selecting, applying, storing, and disposing of chemicals; and(F) review and explain the parts of a pesticide label.(9) The student understands the concepts of ornamental plants and landscape design. The student is expected to:(A) compare landscaping methods that account for environmental variables such as water availability, soil type, light availability, and climate;(B) identify and select plants, including bedding plants, shrubs, trees, and turf grasses, for landscapes based on United States Department of Agriculture (USDA) hardiness zones;(C) design a landscape using design elements and principles; and(D) compare sustainability practices such as planting native plants, water conservation, and irrigation technology used in a landscape.(10) The student demonstrates business skills used in the horticulture industry. The student is expected to:(A) identify opportunities for entrepreneurship in the horticulture industry;(B) identify practices to maintain business relationships;(C) describe and demonstrate correct procedures for handling customer sales transactions;(D) calculate pricing to maximize profit for wholesale and retail settings;(E) develop a plan to market horticultural products and services; and(F) formulate a budget for a horticultural enterprise.</content><note type="source"><p>Source Note: The provisions of this §127.54 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.55"><num value="127.55">§127.55</num><heading>Greenhouse Operation and Production (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Greenhouse Operation and Production is designed for students to develop an understanding of greenhouse production techniques and practices. To prepare for careers in horticultural and controlled environment agricultural systems, students must attain academic knowledge and skills, acquire technical knowledge and skills related to horticultural systems and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career development, education, and entrepreneurship opportunities in the field of greenhouse operation and production;(B) identify and demonstrate interpersonal, problem-solving, and critical-thinking skills used in greenhouse operation and production;(C) describe and demonstrate appropriate personal and occupational safety and health practices for the workplace;(D) identify employers' legal responsibilities and expectations, including appropriate work habits and ethical conduct;(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy; and(F) identify training, education, and certification requirements for occupational choices.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student understands the history and progress of the greenhouse industry. The student is expected to:(A) trace the relevant historical advancements in the greenhouse industry such as developments in construction materials and use of technology and describe the impact of these advancements on current industry practices;(B) research and identify emerging technologies in the greenhouse industry; and(C) analyze current trends in the greenhouse industry.(5) The student identifies and investigates different greenhouse structures, interior layout, and construction factors. The student is expected to:(A) compare greenhouse styles and construction materials;(B) compare and select greenhouse coverings;(C) analyze the costs associated with greenhouse construction;(D) identify factors to consider when constructing a greenhouse such as greenhouse orientation and access to electricity, roads, drainage, water, and plumbing;(E) identify and describe additional growing structures such as cold frames and hotbeds;(F) design a layout of essential areas of a greenhouse such as receiving, storage, seedling propagation, crop production, harvest, sanitation, packaging, labeling, and distribution areas;(G) describe the adaptation of greenhouse concepts to plant production in controlled environments such as indoor vertical farms and freight containers;(H) differentiate between passive and controlled greenhouses; and(I) analyze greenhouse operation regulations enacted by regulatory agencies such as the Texas Department of Agriculture, the United States Department of Agriculture, and local agencies.(6) The student identifies and assesses environmental conditions within the greenhouse. The student is expected to:(A) describe various environmental factors controlled in the greenhouse;(B) determine and calculate factors used in heating and cooling a greenhouse;(C) describe the effects of greenhouse climate conditions such as ventilation, carbon dioxide generation, and humidity on plant growth in the greenhouse;(D) explore the importance of light characteristics on the production of greenhouse crops; and(E) compare open and closed environmental systems in the greenhouse such as irrigation, lighting, climate control, carbon dioxide injection, and fertilization.(7) The student identifies, operates, and maintains greenhouse environmental and mechanical controls. The student is expected to:(A) explain how to operate and maintain heating, cooling, and ventilation systems in a greenhouse;(B) explain how to operate and maintain electrical systems in a greenhouse;(C) explain how to operate and maintain various water systems in a greenhouse;(D) explain how to operate lighting systems in a greenhouse; and(E) illustrate and describe the integration of automated control systems such as lighting, cooling, irrigation, fertigation, and carbon dioxide injection.(8) The student identifies and classifies plants used in greenhouse production. The student is expected to:(A) classify plants commonly used in greenhouses based on taxonomic systems;(B) identify and compare plant anatomical structures and functions that are used in plant identification; and(C) analyze plant classifications based on cropping schedules and market demand for greenhouse crops.(9) The student identifies and investigates greenhouse crop production factors. The student is expected to:(A) identify and explain the chemical and physical differences in greenhouse media components;(B) compare greenhouse growing mixes for factors, including drainage and nutrient-holding capacity;(C) compare different containers, benches, and production equipment used in greenhouses;(D) evaluate different methods of watering greenhouse crops based on the type of crop, stage of development, cost-effectiveness, and weather;(E) analyze the effect of nutrients on greenhouse plant growth;(F) diagnose common nutrient deficiency symptoms found in greenhouse crops; and(G) develop fertilization plans that address greenhouse crop needs and environmental impacts.(10) The student propagates greenhouse crops. The student is expected to:(A) analyze different methods of propagating greenhouse crops using sexual and asexual propagation methods;(B) propagate greenhouse crops using sexual and asexual methods;(C) investigate and explain physiological conditions that affect plant propagation; and(D) analyze the effects of plant growth regulators on plant growth and development.(11) The student investigates pest and disease identification and control methods in the greenhouse environment. The student is expected to:(A) identify and classify common diseases, insects, pathogens, and weeds in the greenhouse;(B) identify essential components of an integrated pest management plan in controlling an insect, pathogen, or weed problem;(C) identify appropriate greenhouse pesticide application techniques and equipment; and(D) analyze pesticide labeling and safety data sheets.(12) The student performs greenhouse management business procedures. The student is expected to:(A) identify and develop effective marketing strategies to market greenhouse crops to increase profits;(B) develop appropriate methods for preparing greenhouse crops for various means of transport;(C) analyze materials, labor, and administrative costs related to greenhouse production;(D) analyze methods used to maintain crop quality during marketing and transport; and(E) prepare a production schedule for a greenhouse crop from establishment to market within a specific timeline.</content><note type="source"><p>Source Note: The provisions of this §127.55 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.56"><num value="127.56">§127.56</num><heading>Viticulture (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: at least one credit in a course from the Agriculture, Food, and Natural Resources Career Cluster. Recommended prerequisite: Principles of Agriculture, Food and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Viticulture is a course designed to provide students with the academic and technical knowledge and skills that are required to pursue a career related to vineyard operations, grape cultivation, and related industries that contribute to the Texas economy. Students in Viticulture develop an understanding of grape production techniques and practices while emphasizing environmental science related to production decisions. To prepare for success, students need opportunities to learn, reinforce, experience, apply, and transfer their knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career and entrepreneurship opportunities for a chosen occupation in the field of viticulture and develop a plan for obtaining the education, training, and certifications required;(B) model professionalism by continuously exhibiting appropriate work habits, solving problems, taking initiative, communicating effectively, listening actively, and thinking critically;(C) model appropriate personal and occupational safety and health practices and explain the importance of established safety and health protocols for the workplace;(D) analyze and interpret the rights and responsibilities, including ethical conduct and legal responsibilities, of employers and employees; and(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student understands the history and progression of the viticulture industry. The student is expected to:(A) trace how relevant historical advancements in viticulture relate to current industry practices;(B) research and identify emerging technology in the viticulture industry; and(C) identify current trends in the viticulture industry.(5) The student explains the production cycle and basic physiology of grapevines. The student is expected to:(A) describe asexual propagation techniques used in the production of domesticated grapes;(B) identify the major vegetative and reproductive structures of grapevines;(C) explain the role of rootstock in grapevine production;(D) describe the annual vegetative growth and reproductive cycle of grapevines;(E) explain how environmental conditions influence grapevine vegetative and reproductive growth; and(F) describe the use of training systems in vineyard production.(6) The student analyzes vineyard design and development. The student is expected to:(A) identify the site characteristics required for successful vineyard production;(B) evaluate the soil and climatic characteristics of a potential vineyard site to determine if it is suitable for vineyard production;(C) identify and research successful vineyards in other parts of the world with soil and climatic characteristics similar to local conditions; and(D) develop a vineyard design and installation plan.(7) The student evaluates technology and practices used for vineyard frost protection. The student is expected to:(A) describe the environmental conditions that lead to plant cold injury;(B) identify frost damage in grapevines and effective frost damage mitigation techniques;(C) differentiate advection and radiation frost events;(D) evaluate the effectiveness of passive frost protection techniques employed in vineyards;(E) evaluate the effectiveness of active frost protection techniques employed in vineyards; and(F) analyze the cost effectiveness of frost protection systems.(8) The student demonstrates vineyard management techniques. The student is expected to:(A) identify and demonstrate safe and appropriate usage of vineyard tools;(B) describe and demonstrate dormant pruning of grapevines to minimize crop loss due to frost;(C) describe grapevine-training techniques such as spur and cane pruning; and(D) explain the use of technology in modern vineyard production systems such as drones, robotics, and smart irrigation.(9) The student develops an integrated pest management plan for vineyards. The student is expected to:(A) identify common insect pests and diseases found in vineyards;(B) identify common animal pests that are problematic in vineyards;(C) evaluate the components of integrated pest management used in vineyards;(D) explain cultural practices for vineyard pest control; and(E) describe the safe and effective use of pesticides in vineyards, ensuring compliance with federal and state regulations.(10) The student examines soil properties and soil fertility as they relate to vineyard production systems. The student is expected to:(A) explain the concepts of soil type, soil texture, and basic soil chemistry;(B) identify the essential nutrients required by grapevines;(C) describe the relationship between soil properties and fertility;(D) calculate the fertilizer needs of grapevines;(E) develop and present a vineyard fertilization plan; and(F) identify the practices of organic vineyards related to soil properties and fertility.(11) The student evaluates water requirements of vineyards and associated climatic factors. The student is expected to:(A) evaluate grapevine water requirements;(B) compare grape varieties that thrive in local soil and weather conditions;(C) analyze the influence of soil properties and climate on vineyard water usage;(D) describe irrigation strategies used in vineyards;(E) identify the water resources required for vineyards;(F) describe methods used to determine soil moisture; and(G) calculate the irrigation needs of vineyards based on soil and climate.</content><note type="source"><p>Source Note: The provisions of this §127.56 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.57"><num value="127.57">§127.57</num><heading>Advanced Floral Design (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Floral Design. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) In Advanced Floral Design, students gain advanced knowledge and skills specifically needed to enter the workforce as floral designers or as freelance floral event designers, with an emphasis on specialty designs and occasion-specific designs and planning. Students are also prepared to enter postsecondary certification or degree programs in floral design or special events design. Students build on the knowledge base from Floral Design and are introduced to more advanced floral design concepts. In addition, students gain knowledge of the design elements and planning techniques used to produce unique specialty floral designs that support the goals and objectives of an occasion or event.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career and entrepreneurship opportunities for a chosen occupation in the field of floral design and develop a plan for obtaining the education, training, and certifications required;(B) model professionalism by continuously exhibiting appropriate work habits, solving problems, taking initiative, communicating effectively, listening actively, and thinking critically;(C) model appropriate personal and occupational safety and health practices and explain the importance of established safety and health protocols for the workplace;(D) analyze and interpret the rights and responsibilities, including ethical conduct and legal responsibilities, of employers and employees; and(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student understands advanced floral design elements and principles. The student is expected to:(A) describe floral materials using advanced botanical terminology;(B) identify the symbolic meaning of flowers and plants used in floral design such as love, friendship, courage, and innocence;(C) compare the characteristics of contemporary floral design styles such as abstract, assemblage, asymmetrical, Biedermeier, cascade/waterfall, hedgerow, parallel, synergistic, submerged, topiary, and vegetative;(D) illustrate ideas for arrangements using contemporary floral design styles from direct observation, experience, and imagination;(E) identify and explain various basing design techniques, including layering, terracing, pavé, clustering, and pillowing; and(F) identify and explain advanced focal-emphasis design techniques, including grouping, banding, binding, shadowing, sequencing, framing, zoning, and parallelism.(5) The student demonstrates advanced design techniques using fresh and permanent floral designs. The student is expected to:(A) plan and design fresh flower and permanent botanical arrangements using various contemporary design styles such as abstract, assemblage, asymmetrical, Biedermeier, cascade/waterfall, hedgerow, parallel, synergistic, submerged, topiary, and vegetative;(B) design and evaluate floral designs that exhibit various basing design techniques such as layering, terracing, pavé, clustering, and pillowing; and(C) design and evaluate floral designs using advanced focal-emphasis design techniques such as grouping, banding, binding, shadowing, sequencing, framing, zoning, and parallelism.(6) The student describes effective design planning and the processes used to create floral designs for specific occasions and events. The student is expected to:(A) describe and apply proper planning techniques in floral design;(B) identify and execute the steps of effective planning used to design floral arrangements for specific occasions such as weddings and funerals;(C) analyze and discuss contingency factors when planning large-volume floral designs; and(D) identify effective consultation practices to determine customers' expectations for design, including budget.(7) The student applies key floral design elements and principles to enhance the experience of specific occasions and events. The student is expected to:(A) identify floral design terminology used for specific occasions, including weddings and funerals;(B) apply elements and principles of floral design to wedding and funeral arrangements such as bouquets, boutonnieres, corsages, sprays, and pedestal arrangements;(C) describe current floral design trends;(D) use and maintain floral design tools; and(E) create examples of appropriate occasion-specific floral designs from direct observation, experience, and imagination.(8) The student demonstrates effective planning of occasion-specific floral designs from the conceptual stage through completion. The student is expected to:(A) conduct a floral design consultation to gather details, including occasion, budget, formality, and theme;(B) evaluate and select floral arrangements that achieve the objectives and budget expectations of an occasion;(C) develop a proposal that showcases floral arrangements appropriate for the selected occasion;(D) develop a production schedule that allows sufficient time for the design, creation, installation, and disassembly of floral arrangements;(E) develop a procurement plan to ensure necessary resources are obtained within a specified budget and timeframe; and(F) implement a floral design plan through completion and evaluate the results of the plan.(9) The student demonstrates business management and merchandising skills necessary for floral design and freelance floral event design professionals. The student is expected to:(A) calculate mark-up of floral products and design services;(B) evaluate the cost-effectiveness and profitability of pricing policies;(C) develop and negotiate contracts for floral services;(D) formulate a floral budget, including per-item total costs;(E) describe and demonstrate proper customer service skills for a floral business;(F) identify the benefits of establishing business relationships with a variety of vendors such as wedding venues, funeral homes, wholesale florists, and wire services; and(G) analyze basic marketing principles and procedures used in the floral industry such as displays and advertisements.(10) The student explains the significance of professional organizations to the floral design industry. The student is expected to:(A) identify industry-related professional organizations; and(B) describe the benefits of participating in professional floral organizations and earning industry-based certifications.</content><note type="source"><p>Source Note: The provisions of this §127.57 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.58"><num value="127.58">§127.58</num><heading>Advanced Plant and Soil Science (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Biology; either Chemistry or Integrated Physics and Chemistry (IPC); Algebra I; Geometry; and either Horticultural Science, Greenhouse Operation and Production, or Floral Design. Recommended prerequisite: Principles of Agriculture, Food, and Natural Resources. Students must meet the 40% laboratory and fieldwork requirement. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Advanced Plant and Soil Science provides a way of learning about the natural world. In this course, students learn how plant and soil science has influenced a vast body of knowledge, that there are still applications to be discovered, and that plant and soil science is the basis for many other fields of science. To prepare for careers in plant and soil science, students must attain academic knowledge and skills, acquire technical knowledge and skills related to plant and soil science and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not scientifically testable.(5) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify career and entrepreneurship opportunities for a chosen occupation in the field of plant science and develop a plan for obtaining the education, training, and certifications required;(B) model professionalism by continuously exhibiting appropriate work habits, solving problems, taking initiative, communicating effectively, listening actively, and thinking critically;(C) model appropriate personal and occupational safety practices and explain the importance of established safety and health protocols for the workplace;(D) analyze and interpret the rights and responsibilities, including ethical conduct and legal responsibilities, of employers and employees; and(E) describe and demonstrate characteristics of good citizenship in the agricultural workplace, including promoting stewardship, community leadership, civic engagement, and agricultural awareness and literacy.(2) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as microscopes, measuring equipment, sensors, plant propagation tools, soil testing kits, and calculators;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using graphs and charts;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(3) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(4) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(5) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(6) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(7) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(8) The student understands interrelationships between plants, soil, and people in historical and current contexts. The student is expected to:(A) research and document major historical milestones related to plant and soil science in human civilization;(B) explain how humans have influenced plant selection and how plant selection has influenced civilization's development;(C) analyze the effect of soil properties on settlement of civilizations and migration; and(D) investigate and explain how plants have shaped major world economies.(9) The student identifies how plants grow and how specialized cells, tissues, and organs develop. The student is expected to:(A) describe the unique structure and function of organelles in plant cells;(B) explain the growth and division of plant cells;(C) compare cells from different parts of the plant, including roots, stems, flowers, and leaves, to show specialization of structures and functions; and(D) illustrate the levels of cellular organization in plants.(10) The student develops a knowledge of plant anatomy and functions. The student is expected to:(A) describe the structure and function of plant parts, including roots, stems, leaves, flowers, fruits, and seeds;(B) compare the anatomy of monocots and dicots;(C) compare the various propagation methods for plants; and(D) identify the functions of modified plant structures such as tubers, rhizomes, pseudo stems, and pitchers.(11) The student develops an understanding of plant physiology and nutrition. The student is expected to:(A) explain the metabolic process of photosynthesis and cellular respiration;(B) describe the role of mineral nutrition in the soil for plant development;(C) identify the essential nutrients in soil; and(D) describe the role of macronutrients and micronutrients in plants.(12) The student analyzes soil science as it relates to plant and human activity. The student is expected to:(A) explain soil formation;(B) investigate and document the properties of soils, including texture, horizons, structure, color, parent materials, and fertility;(C) identify and classify soil orders;(D) explain methods of soil conservation such as crop rotation, mulching, terracing, cover cropping, and contour plowing;(E) describe the application of soil mechanics to buildings, landscapes, and crop production;(F) research and explain soil management practices such as tillage trials and sustainable soil management practices;(G) practice and explain soil evaluations related to experiential activities such as land judging;(H) evaluate and determine soil health through soil testing; and(I) analyze concepts of soil ecology.(13) The student maps the process of soil formation influenced by weathering, including erosion processes due to water, wind, and mechanical factors influenced by climate. The student is expected to:(A) illustrate the role of weathering in soil formations;(B) distinguish between chemical weathering and mechanical weathering;(C) identify geological formations that result from differing weathering processes; and(D) describe the role of biotic factors in soil formation.(14) The student explains the relationship of biotic and abiotic factors within habitats and ecosystems and their effects on plant ecology. The student is expected to:(A) identify and define plant populations, ecosystems, communities, and biomes;(B) distinguish between native and introduced plants in an ecosystem;(C) investigate and describe characteristics of native and introduced plants;(D) make observations and compile data about fluctuations in abiotic cycles;(E) describe the effects of fluctuations in abiotic cycles on local ecosystems; and(F) describe potential positive and negative impacts of human activity such as pest control, hydroponics, monoculture planting, and sustainable agriculture on ecosystems.(15) The student evaluates components of plant science as they relate to crop production and advancements. The student is expected to:(A) analyze the genetics and evolution of various crops;(B) identify and classify plants according to taxonomy;(C) identify characteristics related to seed quality, including mechanical damage, viability, and grade;(D) identify plant pests and diseases using laboratory equipment such as microscopes, test kits, and technology;(E) evaluate the effectiveness of plant management practices, including germination tests, plant spacing trials, and fertilizer tests;(F) analyze trends in crop species and varieties grown locally in Texas and the United States and how trends affect producers and consumers; and(G) investigate and identify recent advancements in plant and soil science such as biotechnology, artificial intelligence, and drone, infrared, and sensor technologies.(16) The student describes the relationship between resources within environmental systems. The student is expected to:(A) summarize and evaluate methods of land use and management;(B) identify sources, quality, and conservation of water in plant production;(C) explore and describe conservation practices such as rainwater collection, water-conserving irrigation systems, and use of biofuels;(D) analyze and evaluate the economic significance and interdependence of components of the environment;(E) debate the impact of human activity and technology on soil health and plant productivity;(F) research and summarize the impact of natural disasters on soil health and plant productivity; and(G) explain how regional changes in the environment may have a global effect.(17) The student describes the dynamics of soil on watersheds and its effects on plant growth and production. The student is expected to:(A) identify and record the characteristics of a local watershed such as average annual rainfall, runoff patterns, aquifers, location of water basins, and surface reservoirs; and(B) analyze the impact of floods, drought, irrigation, urbanization, and industrialization in a watershed.(18) The student analyzes plant and soil science as it relates to plant and soil relationships affecting the production of food, fiber, and other economic crops. The student is expected to:(A) explain the importance and interrelationship of soil and plants;(B) compare soil and plants in agricultural and urban settings;(C) explain growing plants without soil (hydroponic techniques); and(D) evaluate advantages and disadvantages of hydroponics.(19) The student demonstrates skills related to the human, scientific, and technological dimensions of crop production and the resources necessary for producing domesticated plants. The student is expected to:(A) describe the growth and development of major agricultural crops in Texas such as cotton, corn, sorghum, sugarcane, wheat, and rice;(B) apply principles of genetics and plant breeding to plant production;(C) illustrate the development of new crop varieties that are developed over time;(D) design and conduct investigations to test principles of genetics; and(E) identify and test alternative growing methods such as hydroponics and aquaponics used in plant production.</content><note type="source"><p>Source Note: The provisions of this §127.58 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.59"><num value="127.59">§127.59</num><heading>Geographic Information Systems for Agriculture (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources career cluster focuses on the essential elements of life, food, water, land, and air. This career cluster includes occupations ranging from farmer, rancher, and veterinarian to geologist, land conservationist, and florist.(3) Geographic Information Systems for Agriculture is a course designed to provide students with the academic and technical knowledge and skills that are required to pursue a career as a precision agriculture specialist, a crop specialist, an independent crop consultant, a nutrient management specialist, a physical scientist, a precision agronomist, a precision farming coordinator, a research agricultural engineer, or a soil fertility specialist. Students will learn to use computers to develop or analyze maps of remote sensing to compare physical topography with data on soils, fertilizer, pests, or weather.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience as an experiential learning activity; (B) use appropriate record-keeping skills in a supervised agricultural experience;(C) participate in youth agricultural leadership opportunities; (D) review and participate in a local program of activities; and(E) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences. (2) The student explains the current applications of geographic information system (GIS) in agriculture, food, and natural resources and identifies the future need for GIS in precision agriculture. The student is expected to:(A) research and compare current and emerging careers related to GIS in agriculture and natural resource fields;(B) identify and analyze applications of GIS technologies in agriculture, food, and natural resources;(C) explain GIS data as it pertains to agriculture; and(D) describe the types of licensing, certification, and credentialing requirements related to GIS occupations.(3) The student analyzes geographic information and spatial data types in agriculture, food and natural resources. The student is expected to:(A) identify the uses of GIS in agriculture;(B) identify the GIS terminology used in agriculture applications, such as spatial analysis, remote sensing, georeferencing, geostatistics, and geocoding;(C) identify GIS models and representations in precision agriculture;(D) explain GIS representations of geographic phenomena in soil types, topography, and farming management;(E) organize and describe spatial data in yield monitoring for crop planning; and(F) analyze GIS data sources and ethics in agriculture.(4) The student uses agriculture, food, and natural resources GIS tools. The student is expected to:(A) identify hardware and software for agriculture data management and processing;(B) explain spatial data capture and preparation, spatial data storage and maintenance, spatial query and analysis, and spatial data presentation for agriculture; and(C) describe remote sensing tools and technologies used in precision farming, including unmanned aerial support (UAS), unmanned aerial vehicles (UAV), and global positioning satellite (GPS).(5) The student integrates spatial referencing and global positioning techniques in agriculture, food, and natural resources. The student is expected to:(A) explain spatial referencing systems and projections for capturing and displaying agricultural data; and(B) identify uses for satellite-based positioning to increase agriculture proficiency.(6) The student evaluates applications for spatial data entry and preparation for agricultural analysis. The student is expected to:(A) analyze agricultural GIS spatial data; and(B) explain and analyze data accuracy and precision related to using GIS in agriculture.(7) The student performs agricultural spatial data analysis. The student is expected to:(A) analyze GIS maps of agricultural fields to determine variables that would impact maximum crop yields;(B) compare vector and raster-based data for agricultural analysis; and(C) explain types of GIS analysis used in natural resource management.(8) The student creates spatial data visualizations and cartographic models. The student is expected to:(A) identify types of GIS maps used in agriculture;(B) develop GIS maps for various types of agricultural data;(C) identify and explain the purpose of cartographic symbols used in precision farming; and(D) analyze visual data and explain how the data is used in agricultural decision making.</content><note type="source"><p>Source Note: The provisions of this §127.59 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.61"><num value="127.61">§127.61</num><heading>Beekeeping and Honey Processing (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Agriculture, Food, and Natural Resources. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources career cluster focuses on the essential elements of life, food, water, land, and air. This career cluster includes occupations ranging from farmer, rancher, and veterinarian to geologist, land conservationist, and florist.(3) Beekeeping and Honey Processing is a course designed to provide students with the academic and technical knowledge and skills that are required to pursue a career related to beekeeping, apiary operations, honey harvesting, and related industries. Beekeeping and honey processing is a vital part of the United States agricultural economy. To prepare for success in Beekeeping and Honey Processing, students need opportunities to learn, reinforce, experience, apply, and transfer their knowledge and skills in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a supervised agriculture experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agriculture experience as an experiential learning activity; (B) use appropriate record-keeping skills in a supervised agricultural experience;(C) participate in youth agricultural leadership opportunities; (D) review and participate in a local program of activities; and(E) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences. (2) The student explores the biology of bee behavior. The student is expected to:(A) identify different types and life spans of bees;(B) explain the different roles assumed by the different types of honeybees, including the queen, drones, and workers; and(C) describe honeybee development, castes, behavior, division of labor, and the bee life cycle, including larval, pupal, and adult stages.(3) The student analyzes beehive design and development. The student is expected to:(A) identify the site characteristics required for successful beehive production;(B) analyze factors such as climatic characteristics and food sources to determine the suitability of a beehive site for honey harvesting and pollination;(C) research and compare the conditions of successful beehives in other parts of the world with similar local conditions; and(D) develop a beehive design and installation plan, including consideration of sunlight, access to water, wind, topography, human and animal habitation, and good neighbor policy.(4) The student evaluates technology and best practices for weatherizing a beehive. The student is expected to:(A) explain the environmental conditions that lead to bee colonies adapting to extremes in climate conditions;(B) compare seasonal strategies for proper beehive management and describe why best management practices change based on the seasons, including spring, summer, autumn, and winter; and(C) explain practices for winterizing hives.(5) The student demonstrates beehive management techniques. The student is expected to:(A) identify the tools of an apiarist and demonstrate safe and proper usage of tools;(B) demonstrate inspection of a beehive and describe necessary equipment, including a bee suit, a smoker, and a comb replacement; (C) explain beehive training techniques, including diagnosing the brood pattern, adding brood comb to the nest, switching colonies, feeding bees, providing water, removing old combs, extracting honey, and caging queens;(D) identify safety precautions in the field while handling live bees, caring for the colonies in the hives, and extracting honey and honeycomb;(E) explain the proper methods of bee handling to prevent harm to handlers and others; and(F) describe personal protective equipment used to reduce the risk of accidents.(6) The student develops an integrated pest management plan for beehives. The student is expected to:(A) identify the major insect pests and diseases of honeybees;(B) compare the components of honeybee integrated pest management; and(C) describe the safe usage of pesticides in honeybee hives.(7) The student examines honey harvesting and the use of proper equipment and tools. The student is expected to:(A) describe the tools and equipment used in honey production, including a bee brush, fume board, honey drip tray, nectar detector, escape board, and extractor;(B) explain the safe use of honey harvesting tools;(C) explain the use of technology in modern honey production systems; and(D) explain the appropriate procedures used to extract honey.(8) The student identifies procedures and regulations for sanitation and safety in the food industry. The student is expected to:(A) identify food industry inspection standards, including hazard analysis and critical control points;(B) identify the appropriate chemicals used in the food industry, specifically in honey processing;(C) identify safety and governmental regulations involved in the processing and labeling of foods, including honey;(D) explain the procedures relating to the safe manufacture of foods through hygienic food handling and processing;(E) develop and maintain sanitation schedules; and(F) identify food safety laws that impact the bee industry. (9) The student demonstrates an in-depth understanding of beekeeping, bee hauling, and honey processing businesses, including production, processing, marketing, sales, and distribution. The student is expected to:(A) describe the roles of an entrepreneur in beekeeping, bee hauling, and honey processing operations;(B) differentiate between small, medium, and large-sized bee and honey businesses;(C) create a list of tools and equipment needed to start a beekeeping operation and develop a budget to start a beekeeping business; and(D) develop a business model for beekeeping, honey production, and honey processing.(10) The student completes the process for development, implementation, and evaluation of a marketing plan and a financial forecast for beekeeping. The student is expected to:(A) identify and explain the target market for honey-related products;(B) create and conduct a customer survey;(C) analyze the customer survey results;(D) identify modification recommendations based on customer survey results;(E) complete a detailed honey-related products market analysis;(F) analyze and explain different types of marketing strategies;(G) describe a social media marketing campaign for honey-processed products; and(H) develop and explain a projected income statement, cash budget, balance sheet, and projected sources and uses of funds statement.(11) The student explains the scope and nature of distribution of honey-related products. The student is expected to:(A) explain effective distribution activities, including transportation, storage, product handling, and inventory control;(B) explain how distribution can add value to goods and services, which can be protected by intellectual property; and(C) analyze distribution costs for honey-related products.</content><note type="source"><p>Source Note: The provisions of this §127.61 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.85"><num value="127.85">§127.85</num><heading>Agricultural Laboratory and Field Experience (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12 as a corequisite course for students participating in a coherent sequence of career and technical education courses in the Agriculture, Food, and Natural Resources or Energy career clusters. This course provides an enhancement opportunity for students to develop the additional skills necessary to pursue industry certification.(1) Recommended prerequisite: a minimum of one credit from a course in the Agriculture, Food, and Natural Resources or Energy career clusters.(2) Corequisite: this course must be taken concurrently with a corequisite course from the Agriculture, Food, and Natural Resources or Energy career clusters and may not be taken as a stand-alone course. The following courses are permitted as corequisites:(A) Agribusiness Management and Marketing;(B) Livestock and Poultry Production;(C) Veterinary Science;(D) Food Technology and Safety;(E) Food Processing;(F) Wildlife, Fisheries, and Ecology Management;(G) Forestry and Woodland Ecosystems;(H) Range Ecology and Management;(I) Floral Design;(J) Horticultural Science;(K) Greenhouse Operation and Production;(L) Agricultural Mechanics and Metal Technologies;(M) Agricultural Structures Design and Fabrication;(N) Agricultural Equipment Design and Fabrication;(O) Agricultural Power Systems;(P) Oil and Gas Production I;(Q) Oil and Gas Production II;(R) Energy and Natural Resource Technology; and(S) Advanced Energy and Natural Resource Technology.(3) Districts are encouraged to offer this lab in a consecutive block with the corequisite course to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Agricultural Laboratory and Field Experience is designed to provide students a laboratory and/or field experience opportunity. To prepare for careers in agriculture, food, and natural resources, students must acquire knowledge and skills that meet entry requirements and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer academic knowledge and technical skills in a variety of settings. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) investigate career development and entrepreneurship opportunities in agriculture, food, and natural resources;(B) apply competencies related to resources, information, and interpersonal skills;(C) practice personal and occupational health and safety practices in the workplace;(D) examine employer expectations and exhibit appropriate work habits;(E) develop good characteristics of citizenship, including advocacy, stewardship, and community leadership; and (F) pursue appropriate licensing, certification, and credentialing requirements.(2) The student uses technology to research a project. The student is expected to:(A) effectively use search engines, databases, and other digital electronic tools to locate information;(B) evaluate quality, accuracy, completeness, reliability, and currency of information from any source;(C) prepare, organize, present, and apply independent research; and(D) accept constructive criticism and revise personal views when warranted by valid evidence.(3) The student develops an elevated aptitude for the essential knowledge and skills listed for the corequisite course. The student is expected to:(A) demonstrate deeper understanding of the corequisite course; (B) develop mastery of hands-on skills at an industry-accepted standard; and(C) exhibit progress toward achieving industry-recognized documentation of specific expertise in an agriculture, food, and natural resources field or skill.</content><note type="source"><p>Source Note: The provisions of this §127.85 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.86"><num value="127.86">§127.86</num><heading>Practicum in Agriculture, Food, and Natural Resources (Two Credits), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or an unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Agriculture, Food, and Natural Resources Career Cluster. Prerequisite: a minimum of two credits with at least one course in a Level 2 or higher course from the Agriculture, Food, and Natural Resources Career Cluster. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products and resources.(3) Practicum in Agriculture, Food, and Natural Resources is designed to give students supervised practical application of knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experiences such as employment, independent study, internships, assistantships, mentorships, or laboratories. To prepare for careers in agriculture, food, and natural resources, students must attain academic knowledge and skills, acquire technical knowledge and skills related to the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) adhere to policies and procedures;(B) demonstrate positive work behaviors, including punctuality, time management, initiative, and cooperation;(C) apply constructive criticism and critical feedback from supervisor and peers to work performance;(D) apply ethical reasoning to a variety of situations in order to make ethical decisions;(E) model professional appearance, including using appropriate dress, grooming, and personal protective equipment;(F) comply with safety rules and regulations to maintain safe working conditions and environments;(G) demonstrate a positive and productive work ethic by performing assigned tasks as directed; and(H) comply with all applicable rules, laws, and regulations in a consistent manner.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) analyze elements of a problem to develop creative and innovative solutions that are practical for the agricultural workplace;(B) compare alternative ways to solve a problem in the agricultural workplace; and(C) analyze data to inform agriculture operational decisions or activities.(5) The student demonstrates leadership and teamwork skills to accomplish goals and objectives. The student is expected to:(A) analyze leadership characteristics such as trustworthiness, positive attitude, integrity, and work ethic;(B) demonstrate teamwork processes such as team building, consensus, continuous improvement, respect for the opinions of others, cooperation, adaptability, and conflict resolution in the agricultural workplace;(C) demonstrate responsibility for shared group and individual work tasks in the agricultural workplace;(D) establish and maintain effective working relationships using interpersonal skills to accomplish objectives; and(E) demonstrate respect for all individuals.(6) The student demonstrates oral and written communication skills in creating, expressing, and interpreting information and ideas, including technical terminology and information. The student is expected to:(A) apply appropriate content knowledge, technical concepts, and vocabulary to analyze information and follow directions;(B) use professional communication skills when receiving and conveying information in the agricultural workplace;(C) identify and analyze information contained in informational texts, internet sites, or technical materials in the agricultural workplace;(D) evaluate verbal and nonverbal cues and behaviors to enhance communication in the agricultural workplace;(E) apply active listening skills to receive and clarify information in the agricultural workplace; and(F) produce effective written and oral communication in the agricultural workplace.(7) The student practices financial literacy as it relates to agriculture. The student is expected to:(A) develop a budget based on personal financial goals;(B) interpret the different components of a pay stub;(C) read and reconcile bank statements;(D) maintain financial records, including pay stubs, bank statements, and tax records;(E) define credit and identify factors that impact a credit score;(F) identify methods to prevent identity theft; and(G) prepare or model how to complete a personal income tax form.(8) The student demonstrates technical knowledge and skills required to pursue a career in the Agriculture, Food, and Natural Resources Career Cluster. The student is expected to:(A) develop advanced technical knowledge and skills related to the individual occupational objective;(B) develop an individualized training plan;(C) evaluate personal strengths and weaknesses in technical skill proficiency;(D) explain safe operation of tools and equipment related to the work experience;(E) identify the cost of supplies, tools, equipment, or structures related to the work experience;(F) identify the importance of maintaining supplies, tools, equipment, or structures related to the work experience; and(G) identify opportunities for licensure or certification related to the chosen career path.(9) The student documents technical knowledge and skills. The student is expected to:(A) create a professional portfolio that includes:(i) attainment of technical skill competencies;(ii) licensures or certifications;(iii) recognitions, awards, scholarships, or letters of recommendation;(iv) extended learning experiences such as community service and active participation in career and technical student organizations and professional organizations;(v) a summary of individual practicum experience;(vi) a resume;(vii) samples of work; and(viii) an evaluation from the practicum supervisor; and(B) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.86 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scC/s127.87"><num value="127.87">§127.87</num><heading>Extended Practicum in Agriculture, Food, and Natural Resources (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or an unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Agriculture, Food, and Natural Resources Career Cluster. Prerequisite: a minimum of two credits with at least one course in a Level 2 or higher course from the Agriculture, Food, and Natural Resources Career Cluster. Corequisite: Practicum in Agriculture, Food, and Natural Resources. This course must be taken concurrently with Practicum in Agriculture, Food, and Natural Resources and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Agriculture, Food, and Natural Resources Career Cluster focuses on the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources, including food, fiber, wood products, natural resources, horticulture, and other plant and animal products/resources.(3) Extended Practicum in Agriculture, Food, and Natural Resources, a corequisite course, is designed to give students supervised practical application of knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experiences such as employment, independent study, internships, assistantships, mentorships, or laboratories. To prepare for careers in agriculture, food, and natural resources, students must attain academic knowledge and skills, acquire technical knowledge and skills related to the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) participate in a paid or an unpaid, laboratory or work-based application of previously studied knowledge and skills related to agriculture, food, and natural resources;(B) participate in training, education, or preparation for licensure, certification, or other relevant credentials to prepare for employment;(C) demonstrate professional standards needed to be employable such as punctuality, time management, initiative, and cooperation with increased fluency;(D) demonstrate teamwork and conflict-management skills with increased fluency to achieve collective goals; and(E) demonstrate planning and time-management skills and tools with increased fluency to enhance results and complete work tasks.(2) The student develops a supervised agricultural experience program. The student is expected to:(A) plan, propose, conduct, document, and evaluate a supervised agricultural experience program as an experiential learning activity; and(B) use appropriate record-keeping skills in a supervised agricultural experience program.(3) The student develops leadership skills through participation in an agricultural youth organization. The student is expected to:(A) participate in youth agricultural leadership opportunities;(B) review and participate in a local program of activities; and(C) create or update documentation of relevant agricultural experience such as community service, professional, or classroom experiences.(4) The student implements advanced professional communications strategies. The student is expected to:(A) apply appropriate content knowledge, technical concepts, and vocabulary with increased fluency to analyze information and follow directions;(B) demonstrate verbal communication consistently in a clear, concise, and effective manner;(C) demonstrate non-verbal communication consistently and effectively; and(D) analyze, interpret, and effectively communicate information, data, and observations.(5) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) apply critical-thinking skills with increased fluency both independently and collaboratively to solve problems and make decisions; and(B) demonstrate the use of content, technical concepts, and vocabulary when analyzing information and following directions.(6) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate and consistently follow workplace safety rules and regulations;(B) demonstrate safe operation of tools and equipment;(C) troubleshoot equipment when operation fails;(D) demonstrate safe handling and proper disposal of supplies;(E) identify unsafe conditions or practices; and(F) describe procedures for reporting and handling accidents and safety incidents.(7) The student documents growth in advanced technical knowledge and skills. The student is expected to:(A) develop advanced technical knowledge and skills related to the student's occupational objective;(B) demonstrate growth of technical skill competencies;(C) evaluate personal strengths and weaknesses in technical skill proficiency; and(D) update a professional portfolio.</content><note type="source"><p>Source Note: The provisions of this §127.87 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scD"><num value="D">SUBCHAPTER D</num><heading>ARCHITECTURE AND CONSTRUCTION</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.94"><num value="127.94">§127.94</num><heading>Principles of Architecture (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Principles of Architecture provides an overview to the various fields of architecture, interior design, and construction management. Achieving proficiency in decision making and problem solving is an essential skill for career planning and lifelong learning. Students use self-knowledge, education, and career information to set and achieve realistic career and educational goals. Job-specific training can be provided through training modules that identify career goals in trade and industry areas. Classroom studies include topics such as safety, work ethics, communication, information technology applications, systems, health, environment, leadership, teamwork, ethical and legal responsibility, employability, and career development and include skills such as problem solving, critical thinking, and reading technical drawings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student performs mathematical operations to complete tasks such as measuring and estimating materials and supplies. The student is expected to:(A) determine areas and volumes of various structures and estimate materials and supplies using appropriate geometric formulas and calculations;(B) determine percentages and decimals and use percentages and decimals to perform measurement tasks using appropriate formulas and calculations;(C) determine ratios, fractions, and proportions using appropriate formulas and calculations;(D) perform measurement tasks using ratios, fractions, and proportions; and(E) estimate materials and supplies using dimensions, spaces, and structures calculations.(2) The student uses physics skills to work with materials and load applications. The student is expected to:(A) apply basic concepts of static and loads to planning; and(B) identify the physical properties present when using common construction materials in order to use the materials safely, effectively, and efficiently.(3) The student manages chemical materials safely. The student is expected to:(A) recognize the issues present when mixing compatible and incompatible substances to maintain workplace and jobsite safety;(B) differentiate between incompatible and compatible substances;(C) describe the chemical process that occurs when using common construction materials to maintain workplace and jobsite safety; and(D) apply chemical processes in relation to environmental conditions.(4) The student reads, comprehends, and communicates effectively in the workplace, using proper grammar and workplace terminology when using printed, written, and electronic media. The student is expected to:(A) use technological applications to transmit reports;(B) develop written communications such as estimates, work orders, and memos;(C) read and follow technical instructions and manuals;(D) compose an accurate and organized diary or log of work; and(E) write reports and documents such as estimates, permits, memos, and technical reports.(5) The student listens attentively and speaks clearly to convey information correctly. The student is expected to:(A) confirm understanding of verbal and visual instructions; and(B) ask relevant questions concerning details of instructions. (6) The student listens to and speaks clearly with a variety of individuals to enhance communications skills. The student is expected to:(A) provide verbal instructions; and(B) listen attentively to spoken messages to respond to information.(7) The student exhibits public relations skills to address a variety of situations such as increasing internal and external customer and client satisfaction. The student is expected to:(A) communicate effectively to develop positive customer and client relationships;(B) develop and maintain customer relations;(C) define customer and client satisfaction; and(D) evaluate customer and client satisfaction.(8) The student identifies the relationship between available resources and requirements of a project to accomplish realistic planning. The student is expected to:(A) initiate a project, including identifying resources and materials and time-management, labor-management, job-management, and job-site obligations in order to effectively plan;(B) plan a project, including estimating correct amounts of required resources and materials and identifying risks;(C) evaluate the feasibility of alternative suggestions;(D) execute, monitor, and control a project using available resources and materials effectively; and(E) close a project, including identifying lessons learned and evaluating waste of resources and materials.(9) The student evaluates and adjusts plans and schedules to respond to unexpected events and conditions. The student is expected to:(A) incorporate potential job disruptions into planning timelines;(B) identify potential events and conditions that disrupt the completion of a job;(C) solve situational problems involved with unexpected events and conditions;(D) adjust plans and schedules to meet project needs;(E) modify existing plans and schedules to reflect an unexpected change;(F) identify and assess critical situations as they arise to resolve issues with the best solution; and(G) present a project update to track changes necessitated by unexpected events and conditions.(10) The student synthesizes and reports conditions to keep the organization appraised of progress and potential problems. The student is expected to:(A) provide a project update for stakeholders; and(B) present a verbal or written status report on a project.(11) The student uses technological applications specific to architecture and construction to access, manage, integrate, and create information. The student is expected to:(A) manage personal and professional schedules and contact information;(B) manage daily, weekly, and monthly schedules using an application; and(C) create memos and notes.(12) The student uses electronic devices to communicate. The student is expected to:(A) access an electronic system using login and password functions;(B) access electronic messages received;(C) create electronic messages in accordance with established business standards such as grammar, word usage, spelling, sentence structure, clarity, and etiquette;(D) practice appropriate electronic message etiquette;(E) send electronic messages;(F) use electronic devices to share files and documents;(G) access electronic devices for attachments;(H) attach documents to electronic messages; and(I) save electronic messages and attachments.(13) The student uses writing and publishing applications. The student is expected to:(A) prepare simple documents and other business communications; (B) retrieve existing documents;(C) create documents such as letters, memos, and reports using existing forms and templates;(D) safeguard documents using name and save functions;(E) format text using basic formatting functions; and(F) employ word processing utility tools such as spell check, grammar check, and thesaurus.(14) The student uses spreadsheet applications. The student is expected to:(A) create, retrieve, edit, save, and print spreadsheets;(B) perform calculations and analysis on data;(C) group worksheets;(D) create charts and graphs from a spreadsheet;(E) perform calculations using simple formulas; and(F) input and process data using spreadsheet functions.(15) The student uses database applications. The student is expected to:(A) manipulate data elements;(B) enter data using a form;(C) locate and replace data using search and replace functions; and(D) process data using database functions such as structure, format, attributes, and relationships.(16) The student uses collaborative applications. The student is expected to:(A) facilitate group work through management of shared schedules and contact information;(B) manage daily, weekly, and monthly schedules using an application; and(C) maintain a shared database of contact information.(17) The student complies with governmental regulations and applicable codes to establish a legal and safe environment. The student is expected to:(A) identify occupation-specific governmental regulations and national, state, and local building codes to establish appropriate regulations and codes;(B) comply with governmental regulations and building codes;(C) read and discuss information on Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), and other safety regulations; and(D) read and discuss Safety Data Sheet (SDS) information to manage and dispose of hazardous materials.(18) The student examines all aspects of the built environment and systems to complete project planning. The student is expected to:(A) align and incorporate the built environment and its systems to complete the project;(B) label all systems on a set of construction documents;(C) discuss the interrelationship of the systems in the built environment; and(D) use a sequential method such as the critical path method so that work progresses efficiently.(19) The student applies industry standards and practices to ensure quality work. The student is expected to:(A) identify current industry standards and practices in order to incorporate quality into projects;(B) document how quality improves profitability;(C) report on issues that affect quality;(D) use industry standards and practices to enhance appreciation for quality workmanship; and(E) perform work that meets or exceeds the quality standards of the industry.(20) The student observes rules and regulations to comply with personal and occupational health and safety standards. The student is expected to:(A) follow appropriate safety standards to ensure a safe environment;(B) practice safety rules and regulations;(C) identify safety precautions and hazards to ensure a safe environment; and(D) use appropriate safety practices and equipment, including personal protective equipment.(21) The student works as an individual and as a team member to accomplish assignments. The student is expected to:(A) use human relations skills to work cooperatively with coworkers representing different cultures, genders, and backgrounds; (B) track team goals to contribute constructively and positively to the team;(C) match team members to appropriate activities;(D) manage skills to effectively accomplish assignments;(E) effectively use conflict-resolution skills with coworkers to maintain a smooth workflow; and(F) use mentoring skills to inspire and motivate others to achieve and enhance performance.(22) The student exhibits personal accountability, integrity, and responsibility to enhance confidence among coworkers. The student is expected to:(A) apply the professional and ethical standards of the industry to personal conduct;(B) practice professional and ethical standards;(C) maintain personal integrity;(D) promote personal and professional integrity in coworkers; and(E) recognize integrity in others.(23) The student reads regulations and contracts to ensure ethical and safety elements are observed. The student is expected to:(A) study regulations and codes to identify those applicable to the local area;(B) locate and implement regulations and codes applicable to tasks and projects;(C) comply with local, state, and federal agencies and model code-setting organizations;(D) recognize the definition of specialized words or phrases to fully understand documents and contracts;(E) use industry jargon or terminology appropriately;(F) use industry acronyms correctly;(G) use words with multiple meanings correctly in context; and(H) use ethical and legal standards to avoid conflicts of interest.(24) The student recognizes a positive work ethic to comply with employment requirements. The student is expected to:(A) exhibit behaviors showing reliability and dependability; (B) recognize appropriate dress for the work environment; and(C) recognize the required employment forms and documentation such as I-9, work visa, W-4, and licensures to meet employment requirements. (25) The student recognizes requirements for career advancement to plan for continuing education and training. The student is expected to:(A) identify opportunities for career advancement to formulate career goals;(B) identify a career ladder;(C) develop a career advancement plan;(D) review progress of a career advancement plan;(E) maintain positive interpersonal skills to enhance advancement potential;(F) explore education and training opportunities to acquire skills necessary for career advancement;(G) list postsecondary educational paths associated with the architecture and construction trades, including college, apprenticeship, and specialty trade schools;(H) explore costs associated with postsecondary education; (I) participate in professional development opportunities such as professional organizations and associations, trade shows, and seminars;(J) read professional journals, magazines, manufacturers' catalogs, industry publications, and Internet sites to keep current on industry trends; and(K) identify declining and emerging occupations, practices, and procedures.(26) The student examines the organization and structure of various segments of the industry to prepare for career advancement. The student is expected to:(A) recognize segments of the construction industry and show the relationships to specialty areas;(B) obtain necessary knowledge and skills to enhance employability;(C) research local and regional labor markets and job growth information to project potential for advancement;(D) identify sources of career information;(E) identify job opportunities for the trade;(F) identify organizations that offer career and job placement;(G) analyze potential growth of identified careers;(H) apply labor market and job growth information to career goals;(I) examine licensing, certification, and credentialing requirements at the national, state, and local levels to achieve compliance; (J) align licensing, certification, and credentialing requirements to career goals in order to plan for career advancement;(K) use technologies and resources to research licensing, certification, and credentialing;(L) evaluate and select suitable sources of licensing, certification, and credentialing;(M) identify licenses, certifications, and credentials applicable to career goals; and(N) document sources and agencies for licensing and certification and credentialing information, including contact information. (27) The student initiates and maintains a career portfolio to document knowledge, skills, and abilities. The student is expected to:(A) select education, work history, and skills to create a personal resume;(B) develop a resume using word processing technology;(C) contact professional references to acquire recommendations; (D) obtain appropriate letters of recommendation; and(E) document and maintain a record of work experiences, licenses, certifications, credentials, and education and training to build a portfolio.(28) The student reads technical drawings and documents to plan a project. The student is expected to:(A) interpret blueprints and drawings to assist with project planning;(B) recognize elements and symbols of blueprints and drawings;(C) relate information on blueprints to actual locations on the print;(D) recognize different classifications of drawings; and(E) interpret and use drawing dimensions.(29) The student uses and maintains appropriate tools, machines, and equipment to accomplish project goals. The student is expected to:(A) select tools, machinery, and equipment to match requirements of the project;(B) safely operate tools, machinery, and equipment;(C) maintain and care for tools, machines, and equipment;(D) use tools, machines, and equipment productively and efficiently in alignment with industry standards;(E) identify sources of information concerning state-of-the-art tools, equipment, materials, technologies, and methodologies;(F) read current periodicals, industry publications, and manufacturers' catalogs; and(G) explore state-of-the-art tools, equipment, materials, technologies, and methodologies.</content><note type="source"><p>Source Note: The provisions of this §127.94 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.95"><num value="127.95">§127.95</num><heading>Principles of Construction (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Principles of Construction is intended to provide an introduction and lay a solid foundation for those students entering the construction or craft skilled areas. The course provides a strong knowledge of construction safety, construction mathematics, and common hand and power tools. For safety and liability considerations, limiting course enrollment to 15 students is recommended. This course also provides communication and occupation skills to assist the student in obtaining and maintaining employment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands that safe working standards are imperative in the classroom and in the field. The student is expected to:(A) explain the idea of a safety culture;(B) explain the importance of a safety culture in the construction crafts;(C) explain the role of the OSHA in job-site safety;(D) explain fall protection, ladder safety, stair safety, and scaffold safety procedures;(E) demonstrate the use and care of appropriate personal protective equipment, including safety goggles and glasses, hard hats, gloves, safety harnesses, and safety shoes;(F) define safe work procedures around electrical hazards; and(G) explain the importance of Safety Data Sheets (SDS).(2) The student understands the importance of recognizing potential hazards and preventing accidents in the classroom and in the field. The student is expected to:(A) identify causes of accidents;(B) identify impacts of accident costs;(C) define hazard recognition;(D) identify struck-by hazards;(E) identify caught-in-between hazards;(F) identify other construction hazards on the jobsite, including hazardous material exposures, environmental elements, welding and cutting hazards, confined spaces, and fires; and(G) explain the importance of hazard communication (HazCom).(3) The student understands basic construction mathematics. The student is expected to:(A) add, subtract, multiply, and divide whole numbers with and without a calculator;(B) add, subtract, multiply, and divide fractions;(C) add, subtract, multiply, and divide decimals with and without a calculator;(D) convert decimals to percentages and percentages to decimals; and(E) convert fractions to decimals and decimals to fractions. (4) The student demonstrates basic measuring practices. The student is expected to:(A) use a standard ruler, a metric ruler, a measuring tape, and an architectural/engineering scale to measure;(B) explain what the metric system is and how it is important in the construction trade;(C) recognize and use metric units of length, weight, volume, and temperature; and(D) recognize some of the basic shapes used in the construction industry and apply basic geometric principles to measure them.(5) The student acquires knowledge about care and identification of hand tools. The student is expected to:(A) recognize and identify the basic hand tools and their purposes for the construction trades;(B) inspect basic hand tools visually to determine if they are safe for use; and(C) use the basic construction hand tools safely and properly.(6) The student acquires knowledge about care and identification of powered hand tools. The student is expected to:(A) identify powered hand tools commonly used in the construction trades;(B) practice safe and proper application of powered hand tools commonly used in the construction trades; and(C) explain how to properly maintain and clean powered hand tools commonly used in construction trades.(7) The student develops the basics of construction drawing. The student is expected to:(A) interpret and use drawing dimensions;(B) recognize and identify basic construction terms;(C) recognize and identify basic drawing components;(D) recognize and identify commonly used drawing symbols;(E) relate information on construction drawings to actual locations on the print; and(F) recognize different classifications of construction drawings.(8) The student interprets and presents information used in workplace situations. The student is expected to:(A) interpret information and instructions presented in written form;(B) interpret information and instructions presented in verbal form;(C) communicate effectively using verbal and writing skills; and(D) communicate effectively on the job using electronic communication devices.(9) The student identifies ergonomic tools and procedures as well as safe material handling standards. The student is expected to:(A) define a load;(B) establish a pre-task plan prior to moving a load;(C) apply proper material-handling techniques;(D) choose appropriate material-handling equipment for the task; and(E) recognize hazards and follow safety procedures required for material handling.</content><note type="source"><p>Source Note: The provisions of this §127.95 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.96"><num value="127.96">§127.96</num><heading>Building Maintenance Technology I (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Architecture or Principles of Construction. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Building Maintenance Technology I, students will gain knowledge and skills needed to enter the field of building maintenance as a building maintenance technician or supervisor or secure a foundation for a postsecondary degree in construction management, architecture, or engineering. Students will acquire knowledge and skills in plumbing; electrical; and heating, ventilation, and air conditioning (HVAC) systems. Additionally, students will learn methods for repair and installation of drywall, roof, and insulation systems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates knowledge of basic worksite safety regulations and safety guidelines such as in electrical work and carpentry. The student is expected to:(A) demonstrate safe working procedures during building maintenance and repair;(B) explain the purpose of the Occupational Safety and Health Administration (OSHA) and how to promote safety on a worksite; (C) identify worksite hazards and how to avoid or minimize them on a worksite;(D) explain safety obligations of workers, supervisors, and managers to ensure a safe worksite;(E) discuss the causes, effects, impacts, and costs of accidents;(F) define safe work procedures for working with hazardous chemicals;(G) define proper use of personal protective equipment; and(H) identify potential construction hazards, including hazardous material exposures, welding, cutting hazards, and confined spaces.(2) The student interprets various types of working drawings as they pertain to commercial construction and becomes familiar with all aspects of commercial construction documents, including architectural, engineering, and shop drawings. The student is expected to:(A) describe the types of drawings usually included in a set of plans and list the information found on each type;(B) identify the different types of lines used on blueprint drawings;(C) identify selected electrical, mechanical, and plumbing symbols commonly used on plans;(D) identify selected architectural symbols commonly used to present materials on plans;(E) identify selected abbreviations commonly used on plans;(F) read and interpret plans, elevations, schedules, sections, and details contained in basic construction drawings;(G) describe the purpose of written specifications;(H) identify and describe the parts of a specification; and(I) demonstrate how to perform a quantity takeoff for materials.(3) The student demonstrates how to use hand tools that are commonly used in the worksite such as hammers, saws, levels, pullers, and clamps. The student is expected to:(A) explain and demonstrate the specific applications and uses of hand tools; and(B) identify the important safety and maintenance requirements for hand tools.(4) The student demonstrates how to use power tools that are commonly used in the worksite such as drills, grinders, saws, and sanders. The student is expect to:(A) explain and demonstrate appropriately the specific applications and uses of power tools; and(B) identify the important safety and maintenance requirements for power tools.(5) The student demonstrates how to use the latest technologies such as computer numeric control (CNC) machinery and plasma machinery. The student is expected to:(A) identify the important safety issues of the latest technologies; and(B) identify the important maintenance issues of the latest technologies.(6) The student selects and installs various types of insulation in walls, floors, and attics and becomes familiar with the uses and installation practices for vapor barriers and waterproofing materials. The student is expected to:(A) demonstrate how to properly remove, replace, and install various types of insulation, including batt, rigid, and blown materials; and(B) demonstrate how to use and install various vapor barriers and waterproofing materials.(7) The student installs various exterior siding materials, including wood, metal, vinyl, and cement board siding. The student is expected to:(A) demonstrate the proper methods to install exterior finish materials, including wood, metal, vinyl, and cement board siding;(B) identify various fasteners used to install siding, including nails, screws, and adhesives;(C) describe the types and applications of stucco and masonry veneer finishes; and(D) install three types of siding commonly used in the local area.(8) The student gains knowledge of the types and grades of framing materials and the process for installation of metal framing for interior walls, exterior nonbearing walls, and partitions. The student is expected to:(A) identify and use a system to install a frame wall or partition;(B) identify the fastening methods used for frame systems; and(C) identify methods used to secure steel frame systems to supporting structures.(9) The student knows various types of gypsum drywall and their uses and the fastening devices and methods used to install them. The student is expected to:(A) identify the different types of drywall and their uses;(B) select the type and thickness of drywall required for specific installations;(C) explain the fastener schedules for different types of drywall installations;(D) perform single-layer and multi-layer drywall installations using different types of fastening systems, including nails, drywall screws, and adhesives;(E) install gypsum drywall on steel studs; and(F) estimate material quantities for a drywall installation. (10) The student knows the materials, tools, and methods used to finish and patch gypsum drywall. The student is expected to:(A) describe the differences among the six levels of finish established by industry standards and distinguish a finish level by observation;(B) identify the hand tools used in drywall finishing and demonstrate the ability to use these tools;(C) identify the automatic tools used in drywall finishing; (D) identify the materials used in drywall finishing and describe the purpose and use of each type of material, including compounds, joint reinforcing tapes, trim materials, and textures and coatings;(E) finish drywall using hand tools;(F) recognize various types of problems that occur in drywall finishes;(G) identify the causes and correct method for solving each type of problem that occurs in drywall finishes; and(H) patch damaged drywall.(11) The student installs metal doors and related hardware in steel-framed, wood-framed, and masonry walls. The student is expected to:(A) identify various types of door jambs and frames and demonstrate the installation procedures for placing selected door jambs and frames in different types of interior partitions;(B) identify types of interior doors;(C) identify different types of interior door hardware and demonstrate the installation procedures for selected types;(D) list and identify specific items included on a typical door schedule; and(E) demonstrate the procedures for placing and hanging a selected door.(12) The student gains knowledge of the materials, layouts, and installations of various types of suspended ceilings used in commercial construction as well as ceiling tiles, drywall suspension systems, and pan-type ceilings. The student is expected to:(A) establish a level line;(B) explain the common terms related to sound waves and acoustical ceiling materials;(C) identify the different types of suspended ceilings;(D) interpret plans related to ceiling layout for a suspended ceiling;(E) sketch the ceiling layout for a suspended ceiling; and(F) install selected suspended ceilings.(13) The student knows the various types of trim used in finish work and the proper methods for selecting, cutting, and fastening trim. The student is expected to:(A) identify the different types of standard moldings and describe their uses;(B) make square and miter cuts using a miter box or power miter saw;(C) make coped joint cuts using a coping saw; and(D) select and use fasteners to install trim, including door trim, window trim, base trim, and ceiling trim.(14) The student selects and installs base and wall cabinets and countertops. The student is expected to:(A) describe the classes and sizes of typical base and wall cabinets;(B) identify cabinet components and hardware and describe their purposes;(C) lay out factory-made cabinets, countertops, and backsplashes; and(D) install plastic laminate on a countertop core.(15) The student selects and installs various types of floor coverings, including carpet, vinyl tile, ceramic tile, and wood flooring systems. The student is expected to:(A) describe the methods used to install ceramic tile, carpet, and vinyl tile;(B) make repairs to ceramic tile, carpet, and vinyl tile; and(C) use and maintain the tools used for the installation and repair of floor systems, including wet saw, trowels, and carpet knives.</content><note type="source"><p>Source Note: The provisions of this §127.96 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.97"><num value="127.97">§127.97</num><heading>Building Maintenance Technology II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Building Maintenance Technology I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Building Maintenance Technology II, students will continue to gain advanced knowledge and skills needed to enter the workforce as a building maintenance technician or supervisor and construction project manager or secure a foundation for a postsecondary degree in construction management, architecture, or engineering. Students will acquire knowledge and skills in safety, Occupational Safety and Health Administration (OSHA) standards, and safety devices in electrical circuits; maintenance of electrical and heating, ventilation, and air conditioning (HVAC) systems; and concepts of historic preservation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates knowledge of basic worksite safety regulations and safety guidelines. The student is expected to:(A) demonstrate safe working procedures during building maintenance and repair;(B) explain the purpose of the OSHA and how to promote on-site safety;(C) identify electrical hazards and how to avoid or minimize them;(D) explain obligations of workers, supervisors, and managers to ensure a safe work environment;(E) discuss the causes, effects, and costs of accidents; and(F) define safe work procedures regarding personal protective equipment, hazardous chemicals, and potential construction hazards, including hazardous material exposures, welding, cutting hazards, and confined spaces.(2) The student knows how to interpret blueprint drawings, various symbols, schematics, one-line diagrams, and wiring diagrams. The student is expected to:(A) explain the basic layout of a blueprint drawing;(B) identify the common symbols used on commercial construction drawings; and(C) read equipment schedules found on blueprint drawings.(3) The student knows how to handle fuses and circuit breakers. The student is expected to:(A) explain the necessity of overcurrent protection devices in electrical circuits;(B) define the terms associated with fuses and circuit breakers;(C) describe the operation of a circuit breaker;(D) describe the operation of single-element and time-delay fuses;(E) explain how ground fault circuit interrupters can save lives; and(F) describe troubleshooting and maintenance techniques for overcurrent devices.(4) The student installs various types of lamps and fixtures. The student is expected to:(A) recognize the different types of lamps and explain the advantages and disadvantages of different types such as incandescent, halogen, fluorescent, and high-intensity discharge;(B) select and install lamps into lighting fixtures; and(C) install various lighting fixtures such as surface mounted, recessed, suspended, and track-mounted.(5) The student knows various methods to properly select, inspect, use, and maintain common electrical test equipment. The student is expected to:(A) explain the operation of and describe various test equipment such as ammeter, voltmeter, volt-ohm-multimeter, and continuity tester;(B) explain how to read test equipment and convert from one scale to another;(C) explain the importance of proper meter polarity;(D) define frequency and explain the use of a frequency meter; and(E) explain the differences between digital and analog meters.(6) The student installs and maintains electrical devices and demonstrates wiring techniques common to residential and industrial facilities. The student is expected to:(A) describe how to determine electrical service requirements for residential and industrial facilities;(B) select the proper wiring methods for various residential and industrial facilities;(C) explain the role of the National Electrical Code;(D) compute branch circuit loads and explain their installation requirements;(E) explain the types of equipment grounding conductors such as ground fault circuit interrupter (GFCI), light fixtures, receptors, and switches and their purposes;(F) distinguish between the sizes of outlet boxes and their various wiring methods;(G) describe the rules for installing electric space heating and HVAC systems equipment; and(H) describe the installation rules for electrical systems around swimming pools, spas, and hot tubs.(7) The student is introduced to the basic principles of HVAC systems. The student is expected to:(A) explain the principles of HVAC systems;(B) describe what the Clean Air Act means to the HVAC systems industry; and(C) identify the types of schedules and drawings used in the HVAC systems and refrigeration industries.(8) The student installs, selects, prepares, joins, and supports copper and plastic pipes and fittings. The student is expected to:(A) describe the precautions that must be taken when installing refrigerant piping;(B) select the right tubing for a project;(C) cut and bend copper tubing;(D) determine the kinds of hangers and supports needed for refrigeration piping;(E) describe the requirements for pressure-testing an installed system;(F) identify types of plastic pipe and describe their uses; and(G) cut and join lengths of plastic pipe.(9) The student operates, tests, and adjusts conventional and electronic thermostats as well as the common electrical, electronic, and pneumatic circuits used to control HVAC systems. The student is expected to:(A) describe how conventional and electronic thermostats operate;(B) describe how pneumatic and electronic circuits are used to control mechanical systems;(C) analyze circuit diagrams for electronic and microprocessor-based controls; and(D) troubleshoot systems using various controls.(10) The student knows the concepts of historic preservation and local and national resources to maintain and renovate historic structures and landscapes. The student is expected to:(A) research the U.S. Department of Interior's methods and guides for historic preservation;(B) describe the rules and regulations for historic preservation as prescribed by the Texas Historical Commission; and(C) describe the historic preservation building codes for a local area.</content><note type="source"><p>Source Note: The provisions of this §127.97 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.98"><num value="127.98">§127.98</num><heading>Construction Management I (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Algebra I, Geometry, and Principles of Architecture or Principles of Construction. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Construction Management I, students will gain knowledge and skills needed to enter the workforce as apprentice carpenters or building maintenance supervisors' assistants or to build a foundation toward a postsecondary degree in architecture, construction science, drafting, or engineering. Construction Management I includes the knowledge of design techniques and tools related to the management of architectural and engineering projects.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the requirements of construction management. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures, including fellow workers, managers, and customers;(B) complete work orders and related paperwork;(C) estimate jobs, schedules, and industry standards related to legal restrictions;(D) read and interpret appropriate architectural symbols, schematics, blueprints, work drawings, manuals, and bulletins; and(E) apply descriptive geometry related to auxiliary views, revolutions, intersections, and piping drawings.(2) The student gains knowledge about building materials used in the construction industry, including lumber, sheet materials, engineered wood products, structural concrete, structural steel, fasteners, and adhesives used in construction settings. The student is expected to:(A) identify various types of construction materials and methods;(B) describe the uses of various types of hardwoods and softwoods;(C) identify the grades and markings of wood building materials;(D) describe the proper method of storing and handling building materials;(E) describe the uses of various types of engineered lumber;(F) calculate quantities of lumber and wood products using industry-standard methods; and(G) describe the fasteners, anchors, and adhesives used in construction work.(3) The student describes how a systems model can be used to describe construction activities, including mechanical, fluid, electrical, and thermal systems. The student is expected to:(A) apply the universal systems model to construction activities;(B) identify the inputs, processes, outputs, and feedback associated with construction systems;(C) describe the subsystems used in construction; and(D) describe how technological systems interact to achieve common goals.(4) The student selects and uses the proper construction technology to meet practical objectives. The student is expected to:(A) distinguish between architectural and civil construction systems;(B) apply construction technology to individual or community problems;(C) describe the factors that affect the purchase and use of constructed items; and(D) identify and describe the roles of construction.(5) The student designs an item for construction using appropriate design processes and techniques. The student is expected to:(A) describe the design processes and techniques used in construction;(B) develop or improve a building or structure that meets specified needs; and(C) identify areas where quality, reliability, and safety can be designed into a building or structure.(6) The student investigates emerging and innovative construction technologies. The student is expected to:(A) report on emerging and innovative construction technologies; and(B) conduct research and experimentation in construction technology.(7) The student describes quality and how it is measured in construction. The student is expected to:(A) describe different quality control applications in construction; and(B) apply continuous quality improvement techniques to the construction of a building or structure.(8) The student builds buildings or structures using the appropriate tools, equipment, machines, materials, and technical processes. The student is expected to:(A) describe the chemical, mechanical, and physical properties of construction materials;(B) describe the processes used in construction; and(C) construct buildings or structures using a variety of tools, equipment, and machines.(9) The student works safely with construction tools, equipment, machines, and materials. The student is expected to:(A) master relevant safety tests;(B) follow safety manuals, instructions, and requirements; (C) identify and classify hazardous materials and wastes; and(D) dispose of hazardous materials and wastes appropriately. (10) The student describes the importance of maintenance in construction. The student is expected to:(A) maintain tools and materials correctly;(B) perform manufacturers' maintenance procedures on selected tools, equipment, and machines; and(C) describe the results of negligent or improper maintenance. (11) The student manages a construction project. The student is expected to:(A) develop a plan for completing a construction project; and(B) participate in the organization and operation of a real or simulated construction project using project management processes, including initiating, planning, executing, monitoring and controlling, and closing a project.(12) The student applies the appropriate codes, laws, standards, or regulations related to construction technology. The student is expected to:(A) explain the importance of codes, laws, standards, or regulations related to construction technology;(B) identify areas where codes, laws, standards, or regulations related to construction technology may be required; and(C) comply with appropriate codes, laws, standards, or regulations.(13) The student describes the intended and unintended effects of technological solutions. The student is expected to:(A) apply an assessment strategy to determine the risks and benefits of technological developments in construction;(B) describe how technology has affected individuals, societies, cultures, economies, and environments;(C) discuss the international effects of construction technology; and(D) describe the issues related to regional and community planning.(14) The student identifies the factors that influence the evolution of construction technology. The student is expected to:(A) describe how changes in construction technology affect business and industry; and(B) describe how the evolution of construction technology has been influenced by past events.(15) The student solves problems, thinks critically, and makes decisions related to construction technology. The student is expected to:(A) develop or improve a building or structure by following a problem-solving strategy; and(B) apply critical-thinking strategies to analyze and evaluate proposed technological solutions.(16) The student identifies the factors that influence the cost of goods and services in construction projects. The student is expected to:(A) develop a budget for a construction project; and(B) determine the most effective strategies to minimize costs.(17) The student knows the concepts and skills that form the technical knowledge of building carpentry. The student is expected to:(A) identify the uses of carpentry hardware and fasteners; and(B) demonstrate knowledge of fire ratings of construction materials.(18) The student knows the function and application of the tools, equipment, technologies, and materials used in construction carpentry. The student is expected to:(A) use hand tools, power tools, and equipment commonly employed in carpentry in a safe manner;(B) handle and dispose of environmentally hazardous materials used in carpentry in the proper manner;(C) use the different types of scaffolding employed in building carpentry in a safe manner; and(D) demonstrate knowledge of new and emerging technologies that may affect construction carpentry.(19) The student applies the concepts and skills of the construction industry to simulated or actual work situations. The student is expected to:(A) square, measure, and cut materials to specified dimensions;(B) handle different types of loads;(C) use framing techniques for walls, floors, ceilings, rafters, structural timbers, stairs, trusses, and fireproof metal-studs;(D) demonstrate the proper principles of drywall application; and(E) install doors, windows, interior and exterior wall covering, and trim.(20) The student knows the proper and safe use of hand and power tools. The student is expected to:(A) identify the hand tools commonly used by carpenters and describe their uses;(B) use hand tools safely;(C) state the general safety rules for operating all power tools, regardless of type;(D) identify the portable power tools commonly used by carpenters and describe their uses; and(E) use portable power tools safely.(21) The student learns how to interpret architectural and engineering working drawings and specifications. The student will become familiar with the symbols and nomenclature specific to the construction industry. The student is expected to:(A) describe the types of drawings usually included in a set of plans;(B) identify the different types of lines used on construction drawings;(C) identify selected architectural symbols commonly used to represent materials on plans;(D) identify selected electrical, mechanical, and plumbing symbols commonly used on plans;(E) identify selected abbreviations commonly used on plans;(F) read and interpret plans, elevations, schedules, sections, and details contained in basic construction drawings;(G) state the purpose of written specifications; and(H) demonstrate or describe how to perform a quantity takeoff for materials.(22) The student gains knowledge about the basics of wood framing, including layout and construction of wood-framed floor systems using common and engineered lumber. The student is expected to:(A) identify the different types of framing systems;(B) interpret drawings with specifications to determine floor system requirements;(C) identify framing and support members as it refers to flooring;(D) name the methods used to fasten sills to the foundation; (E) given specific floor load and span data, select the proper girder and beam size from a list of available girders and beams;(F) list and recognize different types of bridging;(G) list and recognize different types of flooring materials;(H) explain the purposes of subflooring and underlayment;(I) select the appropriate fasteners to be used in various floor-framing systems;(J) estimate the amount of material needed to frame a floor assembly; and(K) demonstrate the ability to lay out and construct a floor assembly, including installing bridging; installing joists for a cantilever-floor; installing a subfloor using butt-joint plywood or oriented strand board panels; and installing a single floor system using tongue-and-groove plywood or oriented strand board panels.(23) The student understands how to lay out and frame walls and ceilings, rough-in door and window openings, construct corners and partition tee-bracing walls and ceilings, and apply sheathing. The student is expected to:(A) identify the components of a wall and ceiling layout;(B) describe the procedure for laying out a wood frame wall, including plates, corner posts, door and window openings, partition Ts, bracing, and fire stops;(C) describe the correct procedure for assembling and erecting an exterior wall;(D) identify the common materials and methods for installing sheathing on walls;(E) describe or demonstrate how to lay out, assemble, erect, and brace exterior walls for a frame building;(F) describe wall-framing techniques used in masonry construction;(G) explain the use of metal studs in wall framing;(H) explain how to cut and install ceiling joists on a wood frame building; and(I) estimate the materials required for frame walls and ceilings.(24) The student investigates various types of framed roofs. The student is expected to:(A) demonstrate an understanding of the terms associated with roof framing;(B) identify the roof-framing members used in gable and hip roofs;(C) identify the methods used to calculate the length of a rafter;(D) identify the various types of trusses used in roof framing;(E) use a framing square, speed square, and calculator in laying out a roof;(F) identify various types of sheathing used in roof construction;(G) frame or describe how to frame a gable roof with vent openings;(H) erect, or describe how to erect, a gable roof using trusses;(I) frame, or describe how to frame, a roof opening; and(J) estimate the materials used for framing and sheathing a roof.(25) The student describes various types of windows, skylights, and exterior doors. The student is expected to:(A) identify various types of fixed, sliding, and swinging windows;(B) identify the parts of a window installation;(C) state the requirements for proper window installation; (D) explain how to install a pre-hung window;(E) identify the common types of exterior doors and explain how they are constructed;(F) identify the parts of a door installation;(G) identify types of thresholds used with exterior doors;(H) install, or explain the procedure to install, a pre-hung exterior door;(I) identify the various types of locksets used on exterior doors and explain how the locksets are installed;(J) install a lockset; and(K) identify and explain the use and installation of various other door and window hardware, including security hinges, keepers, deadbolts, and peep holes.(26) The student describes various types of stairs and the common building code requirements related to stairs. The student is expected to:(A) identify the various types of stairs;(B) identify the various parts of stairs;(C) identify the materials used in the construction of stairs;(D) interpret construction drawings of stairs; and(E) calculate the total rise, number and size of risers, and the number and size of treads required for a given stairway.(27) The student describes basic product marketing processes and techniques used in construction. The student is expected to prepare a marketing plan for an idea, product, or service.(28) The student investigates career opportunities, requirements, and expectations in construction technology. The student is expected to:(A) describe an area of interest in construction and investigate its entry-level requirements and advancement opportunity requirements and its growth potential; and(B) identify the careers available in construction technology.(29) The student describes the importance of teamwork, leadership, integrity, honesty, work habits, and organizational skills. The student is expected to:(A) describe how teams function;(B) describe the use of teamwork to solve problems;(C) distinguish between the roles of team leaders and team members;(D) identify characteristics of good leaders;(E) identify employers' expectations and appropriate work habits;(F) define discrimination, harassment, and inequality; and(G) describe the use of time-management techniques to develop and maintain work schedules and meet deadlines.</content><note type="source"><p>Source Note: The provisions of this §127.98 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.99"><num value="127.99">§127.99</num><heading>Construction Management II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Construction Management I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Construction Management II, students will gain knowledge and skills needed to enter the workforce as apprentice carpenters or building maintenance supervisors' assistants or to build a foundation toward a postsecondary degree in architecture, construction science, drafting, or engineering. Construction Management II includes knowledge of the design, techniques, and tools related to the management of architectural and engineering projects.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student designs or modifies a structure using designated design processes and techniques. The student is expected to:(A) develop or improve a building design that meets a specified need; and(B) develop and communicate ideas using specified design processes.(2) The student investigates emerging construction technologies. The student is expected to:(A) report on emerging construction technologies; and(B) conduct research in construction technology to determine its effectiveness.(3) The student describes quality and how it is measured in construction. The student is expected to:(A) construct items that meet a specified level of quality;(B) recommend how the quality of a building can be improved; (C) explain the factors that affect the quality of buildings; and(D) describe the factors that affect the purchase and use of buildings.(4) The student constructs buildings or scaled models using the appropriate tools, equipment, machines, materials, and technical processes. The student is expected to:(A) describe the chemical, mechanical, and physical properties and standard units of measure of architectural construction materials such as concrete, masonry, and metals;(B) describe the processes used in construction; and(C) construct a building or a model of a building using a variety of tools, equipment, and machines.(5) The student works safely with construction technology. The student is expected to:(A) master relevant safety tests;(B) follow safety manuals, instructions, and requirements; (C) identify and classify hazardous materials and wastes correctly;(D) dispose of hazardous materials and waste appropriately; and(E) recommend improvements in safety procedures.(6) The student performs basic maintenance on selected construction equipment and machines. The student is expected to:(A) maintain tools and materials correctly;(B) perform manufacturers' maintenance procedures on selected tools, equipment, and machines; and(C) develop a maintenance plan for selected machines and equipment.(7) The student manages construction technology projects. The student is expected to:(A) initiate a construction technology project;(B) plan a construction technology project, including developing a project schedule and describing use of resources needed;(C) execute a construction technology project;(D) monitor and control a construction technology project; and(E) close a construction technology project.(8) The student follows the appropriate codes, laws, standards, or regulations related to architectural construction technology. The student is expected to:(A) identify areas where codes, laws, standards, or regulations may be required;(B) locate the appropriate codes, laws, standards, or regulations; and(C) comply with the appropriate codes, laws, standards, or regulations.(9) The student solves problems, thinks critically, and makes decisions related to architectural construction. The student is expected to:(A) develop or improve a building or structure by following a problem-solving strategy;(B) apply critical-thinking strategies to the analysis and evaluation of proposed technological solutions; and(C) apply decision-making techniques to the selection of technological solutions.(10) The student determines the cost of constructing a building. The student is expected to:(A) develop a budget for a construction project; and(B) determine the most effective strategies to minimize costs.(11) The student applies communication, mathematical, and scientific knowledge and skills to construction activities. The student is expected to:(A) write technical reports;(B) make technical presentations to groups of individuals; (C) use mathematical concepts in construction technology; and(D) apply scientific principles used in construction technology.(12) The student describes the importance of teamwork, leadership, integrity, honesty, work habits, and organizational skills. The student is expected to:(A) describe how teams function;(B) use teamwork to solve problems;(C) distinguish between the roles of team leaders and team members;(D) identify characteristics of good leaders;(E) identify employers' expectations for appropriate work habits;(F) define discrimination, harassment, and inequality;(G) use time-management techniques to develop work schedules, maintain work schedules, and meet work schedule deadlines; and(H) complete work according to established criteria.(13) The student gains knowledge about the ingredients of concrete, various types of concrete, and methods to mix concrete. The student is expected to:(A) identify the properties of cement;(B) describe the composition of concrete;(C) perform volume estimates for concrete quantity requirements;(D) describe types of concrete reinforcement materials;(E) describe various types of footings and explain their uses;(F) identify the parts of various types of forms;(G) explain the safety procedures associated with the construction of concrete forms; and(H) explain how to erect, plumb, and brace a simple concrete form with reinforcement.(14) The student uses a systems approach to investigate mechanical, fluid, electrical, and thermal systems. The student is expected to:(A) apply the universal systems model to technological activities; and(B) identify the inputs, processes, outputs, and feedback associated with each of the systems.(15) The student works safely with mechanical, fluid, electrical, and thermal technology. The student is expected to:(A) master relevant safety tests;(B) follow safety manuals, instructions, and requirements; (C) identify and classify hazardous materials and wastes; and(D) dispose of hazardous materials and wastes appropriately. (16) The student solves problems, thinks critically, and makes decisions related to construction. The student is expected to:(A) apply problem-solving strategies;(B) apply critical-thinking strategies;(C) apply decision-making techniques to the selection of technological solutions; and(D) evaluate the impact of technology on scientific thought, society, and the environment.(17) The student applies communication, science, and mathematics knowledge and skills to construction activities. The student is expected to:(A) prepare technical reports and presentations;(B) solve algebraic equations;(C) solve problems in U.S. standard and metric units; and(D) perform unit conversions.(18) The student knows the laws governing motion. The student is expected to:(A) analyze examples of uniform and accelerated motion, including linear, projectile, and circular motion;(B) evaluate the effects of forces on the motion of objects;(C) develop a free-body diagram for force analysis; and(D) analyze motion relative to different frames of reference.(19) The student knows the concept of momentum. The student is expected to:(A) identify linear and angular momentum; and(B) relate the conservation of momentum to linear and angular motion.(20) The student knows the concept of waves and vibrations. The student is expected to:(A) evaluate characteristics of wave motion; and(B) demonstrate how waves transmit energy.(21) The student knows the concept of energy conversion. The student is expected to:(A) evaluate the purpose of energy converters;(B) identify converters that change one form of energy to another; and(C) evaluate the efficiency of converting energy from one form to another.(22) The student knows the concept of energy transduction. The student is expected to:(A) identify the function of a transducer;(B) distinguish between an energy converter and a transducer; and(C) identify transducers that change energy signals from one form to another.(23) The student knows the concept of radiant energy. The student is expected to:(A) describe radiation;(B) compare fission and fusion in terms of end products, energy, advantages, and availability; and(C) compare and contrast different types of radioactive decay.(24) The student knows the concept of light and optics. The student is expected to:(A) identify characteristics of optical devices;(B) analyze the characteristics of light, including reflection, refraction, and interference; and(C) interpret the effects of wave characteristics in daily applications such as lasers and optics in industrial and medical technology.(25) The student knows the concept of time constants. The student is expected to:(A) define a time constant; and(B) distinguish between a linear and non-linear increase and decrease of a variable with time.(26) The student describes basic product marketing processes and techniques used in construction. The student is expected to:(A) prepare a marketing plan for an idea, product, or service; and(B) discuss the effect of customer satisfaction on the image of a product or company.(27) The student investigates career opportunities, requirements, and expectations in construction technology. The student is expected to:(A) identify an area of interest in construction and investigate its entry-level and advancement requirements and its growth potential; and(B) describe the careers available in construction.(28) The student describes the importance of teamwork, leadership, integrity, honesty, work habits, and organizational skills. The student is expected to:(A) describe how teams function;(B) use teamwork to solve problems;(C) distinguish between the roles of team leaders and team members;(D) identify characteristics of good leaders;(E) identify employers' expectations and appropriate work habits;(F) define discrimination, harassment, and inequality;(G) use time-management techniques to develop and maintain work schedules and meet deadlines; and(H) complete work according to established criteria.</content><note type="source"><p>Source Note: The provisions of this §127.99 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.100"><num value="127.100">§127.100</num><heading>Construction Technology I (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Construction or Principles of Architecture. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Construction Technology I, students will gain knowledge and skills needed to enter the workforce as carpenters or building maintenance supervisors or to prepare for a postsecondary degree in construction management, architecture, or engineering. Students will acquire knowledge and skills in safety, tool usage, building materials, codes, and framing. For safety and liability considerations, limiting course enrollment to 15 students is recommended.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands that safe working standards are imperative in the classroom and in the field. The student is expected to:(A) explain the idea of a safety culture;(B) explain the importance of a safety culture in the construction crafts;(C) explain the role of Occupational Safety and Health Administration (OSHA) in job-site safety;(D) explain fall protection, ladder safety, stair safety, and scaffold safety procedures;(E) explain the importance of hazard communication (HazCom);(F) explain the importance of Safety Data Sheets (SDS);(G) explain OSHA's General Duty Clause;(H) explain OSHA 1926 CFR Subpart C;(I) identify causes of accidents;(J) identify impacts of accident costs;(K) identify struck-by hazards;(L) identify caught-in-between hazards;(M) identify other construction hazards on the jobsite, including hazardous material exposures, environmental elements, welding and cutting hazards, confined spaces, and fires;(N) define safe work procedures around electrical hazards; (O) define hazard recognition;(P) define risk assessment techniques; and(Q) demonstrate the use and care of appropriate personal protective equipment, including safety goggles and glasses, hard hats, gloves, safety harnesses, and safety shoes.(2) The student identifies various opportunities in the field of carpentry and the characteristics a carpenter should possess. The student is expected to:(A) identify job opportunities and their accompanying job duties such as carpentry, building maintenance supervisor, architect, and engineer; and(B) research careers along with the education, job skills, and experience required to achieve them.(3) The student gains knowledge about building materials used in the construction industry. The student is expected to:(A) identify various types of building materials and their uses;(B) state the uses of various types of hardwoods and softwoods;(C) identify the different grades and markings of wood building materials;(D) describe the proper method of storing and handling building materials;(E) state the uses of various types of engineered lumber;(F) calculate the quantities of lumber and wood products using industry-standard methods; and(G) describe the fasteners, anchors, and adhesives used in construction work and explain their uses.(4) The student applies the proper and safe use of hand and power tools associated with carpentry. The student is expected to:(A) identify the hand tools commonly used by carpenters and describe their uses;(B) use hand tools in a safe and appropriate manner;(C) state the general safety rules for operating all power tools, regardless of type;(D) identify the portable power tools commonly used by carpenters and describe their uses; and(E) use portable power tools in a safe and appropriate manner.(5) The student interprets architectural and engineering working drawings and specifications. The student is expected to:(A) describe the types of drawings usually included in a set of plans and list the information found on each type;(B) identify the different types of lines used on construction drawings;(C) identify selected architectural symbols commonly used to represent materials on plans;(D) identify selected electrical, mechanical, and plumbing symbols commonly used on plans;(E) identify selected abbreviations commonly used on plans;(F) read and interpret plans, elevations, schedules, sections, and details contained in basic construction drawings;(G) state the purpose of written specifications;(H) identify and describe the parts of a specification; and(I) demonstrate or describe how to perform a quantity takeoff for materials.(6) The student gains knowledge of wood framing and the layout and construction of wood-framed floor systems using common and engineered lumber. The student is expected to:(A) identify the different types of framing systems;(B) read and interpret drawings and specifications to determine floor system requirements;(C) identify floor and sill framing and support members;(D) name the methods used to fasten sills to the foundation; (E) select the proper girder or beam size from a list of available girders or beams given specific floor load and span data;(F) list and recognize different types of bridging;(G) list and recognize different types of flooring materials;(H) explain the purposes of subflooring and underlayment;(I) select the appropriate fasteners to be used in various floor framing systems;(J) estimate the amount of material needed to frame a floor assembly;(K) lay out and construct a floor assembly;(L) install bridging;(M) install joists for a cantilever-floor;(N) install a subfloor using butt-joint plywood or oriented strand board panels; and(O) install a single floor system using tongue-and-groove (T&G) plywood or oriented strand board (OSB) panels.(7) The student knows how to lay out and frame walls and ceilings, rough-in door and window openings, construct corners and partition Ts, brace walls and ceilings, and apply sheathing. The student is expected to:(A) identify the components of a wall and ceiling layout;(B) describe the procedure for laying out a wood frame wall, including the installation of plates, corner posts, door and window openings, partition Ts, bracings, and firestops;(C) describe the correct procedure for assembling and erecting an exterior wall;(D) identify the common materials and methods used for installing sheathing on walls;(E) lay out, assemble, erect, and brace exterior walls for a frame building;(F) describe wall framing techniques used in masonry construction;(G) explain the use of metal studs in wall framing;(H) cut and install ceiling joists on a wood frame building; and(I) estimate the materials required for frame walls and ceilings.(8) The student gains knowledge of various types of framed roofs and how to frame these roofs using both stick-build and truss-build systems. The student is expected to:(A) demonstrate an understanding of the terms associated with roof framing;(B) identify the roof framing members used in gable and hip roofs;(C) identify the methods used to calculate the length of a rafter;(D) identify the various types of trusses used in roof framing;(E) use a framing square, speed square, and calculator in laying out a roof;(F) identify various types of sheathing used in roof construction;(G) frame a gable roof with vent openings;(H) erect a gable roof using trusses;(I) frame a roof opening; and(J) estimate the materials used for framing and sheathing a roof.(9) The student knows the ingredients of concrete, various types of concrete, and methods to mix concrete. The student is expected to:(A) identify the properties of cement;(B) describe the composition of concrete;(C) perform volume estimates for concrete;(D) identify types of concrete reinforcement materials and describe their uses;(E) identify various types of footings and explain their uses;(F) identify the parts of various types of concrete forms;(G) explain the safety procedures associated with the construction and use of concrete forms; and(H) erect, plumb, and brace a simple concrete form with reinforcement.(10) The student gains knowledge of various types of windows, skylights, and exterior doors. The student is expected to:(A) identify various types of fixed, sliding, and swinging windows;(B) identify the parts of a window installation;(C) state the requirements for proper window installation; (D) install a pre-hung window;(E) identify the common types of exterior doors and explain how they are constructed;(F) identify the parts of a door installation;(G) identify types of thresholds used with exterior doors;(H) install a pre-hung exterior door;(I) identify the various types of locksets used on exterior doors and explain how the locksets are installed;(J) install a lockset; and(K) identify and explain the use and installation of various door and window hardware, including security hinges, keepers, deadbolts, and peep holes.(11) The student is introduced to various types of stairs and the common building code requirements related to stairs. The student is expected to:(A) identify the various types of stairs;(B) identify the various parts of stairs;(C) identify the materials used in the construction of stairs;(D) interpret construction drawings of stairs;(E) calculate the total rise, number and size of risers, and the number and size of treads required for a given stairway;(F) lay out and cut stringers, risers, and treads; and(G) build a small stair unit with a temporary handrail.</content><note type="source"><p>Source Note: The provisions of this §127.100 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.101"><num value="127.101">§127.101</num><heading>Construction Technology II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Construction Technology I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Construction Technology II, students will gain advanced knowledge and skills needed to enter the workforce as carpenters, building maintenance technicians, or supervisors or to prepare for a postsecondary degree in construction management, architecture, or engineering. Students will build on the knowledge base from Construction Technology I and are introduced to exterior and interior finish out skills. For safety and liability considerations, limiting course enrollment to 15 students is recommended.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student is provided with the knowledge to interpret various types of working drawings as they pertain to commercial construction. The student is expected to:(A) recognize the difference between commercial and residential construction drawings;(B) identify the basic keys, abbreviations, and other references contained in a set of commercial drawings;(C) accurately read a set of commercial drawings;(D) identify and document specific items from a door and window schedule;(E) explain basic construction details and concepts employed in commercial construction; and(F) calculate the floor area of each room in a floor plan.(2) The student selects and installs common roofing materials for residential and light commercial projects. The student is expected to:(A) identify the materials and methods used in roofing;(B) explain the safety requirements for roof jobs;(C) install fiberglass shingles on gable and hip roofs;(D) close up a valley using fiberglass shingles;(E) explain how to make various roof projections watertight when using fiberglass shingles;(F) complete the proper cuts and install the main and hip ridge caps using fiberglass shingles;(G) lay out, cut, and install a cricket or saddle;(H) install wood shingles and shakes on roofs;(I) describe how to close up a valley using wood shingles and shakes;(J) complete the cuts and install the main and hip ridge caps using wood shakes or shingles; and(K) demonstrate the techniques for installing other selected types of roofing materials.(3) The student selects and installs various types of insulation in walls, floors, and attics. The student is expected to:(A) describe the requirements for insulation;(B) describe the characteristics of various types of insulation material;(C) calculate the required amounts of insulation for a structure;(D) install selected insulation materials;(E) describe the requirements for moisture control and ventilation;(F) install selected vapor barriers;(G) describe various methods of waterproofing;(H) describe air infiltration control requirements; and(I) install selected building wraps.(4) The student learns the processes to install various exterior siding materials. The student is expected to:(A) describe the purpose of wall insulation and flashing;(B) install selected common cornices;(C) demonstrate lap and panel siding estimating methods;(D) describe the types and applications of common wood siding;(E) describe fiber-cement siding and its uses;(F) describe the types and styles of vinyl and metal siding;(G) describe the types and applications of stucco and masonry veneer finishes; and(H) install three types of siding commonly used in the local area.(5) The student knows the types and grades of steel framing materials and the process for installing metal framing for interior walls, exterior nonbearing walls, and partitions. The student is expected to:(A) identify the components of a steel framing system;(B) identify and select the tools and fasteners used in a steel framing system;(C) identify applications for steel framing systems;(D) demonstrate the ability to build back-to-back, box, and L-headers;(E) layout and install a steel stud structural wall with openings to include bracing and blocking; and(F) layout and install a steel-stud, non-structural wall with openings to include bracing and blocking.(6) The student knows various types of gypsum drywall and their uses and the fastening devices and methods used to install them. The student is expect to:(A) identify the different types of drywall and their uses;(B) select the type and thickness of drywall required for specific installations;(C) select fasteners for drywall installations;(D) explain the fastener schedules for different types of drywall installations;(E) perform single-layer and multi-layer drywall installations using different types of fastening systems, including nails, drywall screws, and adhesives;(F) install gypsum drywall on steel studs;(G) explain how soundproofing is achieved in drywall installations; and(H) estimate material quantities for a drywall installation. (7) The student knows the materials, tools, and methods used to finish and patch gypsum drywall. The student is expected to:(A) state the differences between the six levels of finish established by industry standards and distinguish between finish levels by observation;(B) identify the hand tools used in drywall finishing and demonstrate the ability to use these tools;(C) identify the automatic tools used in drywall finishing; (D) identify the materials used in drywall finishing and state the purpose and use of each type of material, including compounds, joint reinforcing tapes, trim materials, textures, and coatings;(E) finish drywall using hand tools;(F) recognize various types of problems that occur in drywall finishes and identify their causes;(G) identify the correct methods for solving each type of problem that occurs in drywall finishes; and(H) patch damaged drywall.(8) The student installs metal doors and related hardware in steel-framed, wood-framed, and masonry walls. The student is expected to:(A) identify various types of door jambs and frames;(B) demonstrate the installation procedures for placing door jambs and frames in different types of interior partitions;(C) identify different types of interior doors;(D) identify different types of interior door hardware and demonstrate the installation procedures for them;(E) list and identify items included on a typical door schedule; and(F) demonstrate the procedure for placing and hanging a door.(9) The student gains knowledge of the materials, layout, and installation of various types of suspended ceilings used in commercial construction as well as ceiling tiles, drywall suspension systems, and pan-type ceilings. The student is expected to:(A) establish a level line;(B) explain the common terms related to sound waves and acoustical ceiling materials;(C) identify the different types of suspended ceilings;(D) interpret plans related to ceiling layout;(E) sketch the ceiling layout for a basic suspended ceiling; and(F) install selected suspended ceilings.(10) The student knows the types of trim used in finish work. The student is expected to:(A) identify the different types of standard moldings and describe their uses;(B) make square and miter cuts using a miter box or power miter saw;(C) make coped joint cuts using a coping saw;(D) select and use fasteners to install trim, including door trim, window trim, base trim, and ceiling trim; and(E) estimate the quantities of different trim materials required for selected rooms.(11) The student selects and installs base and wall cabinets and countertops. The student is expected to:(A) state the classes and sizes of typical base and wall kitchen cabinets;(B) identify cabinet components and hardware and describe their purposes;(C) lay out factory-made cabinets, countertops, and backsplashes;(D) explain the installation of an island base;(E) recognize the common types of woods used to make cabinets;(F) identify and cut the various types of joints used in cabinetmaking;(G) build a cabinet from a set of drawings; and(H) install plastic laminate on a countertop core.</content><note type="source"><p>Source Note: The provisions of this §127.101 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.102"><num value="127.102">§127.102</num><heading>Mill and Cabinetmaking Technology (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Architecture and Principles of Construction. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Mill and Cabinetmaking Technology, students will gain knowledge and skills needed to enter the workforce in the area of mill work and cabinet manufacturing and installation. Students may also apply these skills to professions in carpentry or building maintenance supervision or use the skills as a foundation for a postsecondary degree in construction management, architecture, or engineering. Students will acquire knowledge and skills in cabinet design, tool usage, jointing methods, finishes, and industry-level practices such as numerical and computer-control production methods.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student relates core academic skills to the requirements of mill and cabinetmaking. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures, including fellow workers, managers, and customers;(B) complete work orders and related paperwork;(C) estimate supplies, materials, and labor costs for work orders;(D) apply the principles of mathematics for accurate standard and metric measurements; and(E) read and interpret appropriate blueprints, drawings, charts, and diagrams.(2) The student knows the concepts and skills that form the core knowledge of mill and cabinetmaking. The student is expected to:(A) demonstrate knowledge of cabinetmaking design;(B) demonstrate knowledge of the use of woods, fasteners, hardware, glass, and mirrors; and(C) demonstrate knowledge of the industrial processes and procedures used in mill and cabinetmaking.(3) The student knows the function and application of the tools, equipment, technologies, and materials used in mill and cabinetmaking. The student is expected to:(A) use in a safe manner hand and power tools and equipment commonly employed in mill and cabinetmaking;(B) handle and dispose of environmentally hazardous materials used in mill and cabinetmaking;(C) demonstrate the proper procedures to saw, plane, shape, turn, bore, mortise, and sand various types of woods; and(D) demonstrate knowledge of new and emerging technologies that may affect mill and cabinetmaking.(4) The student applies the concepts and skills of mill and cabinetmaking to simulated and actual work situations. The student is expected to:(A) identify and construct the various joints used in cabinetmaking;(B) demonstrate the proper procedures to glue, clamp, laminate, veneer, and inlay wood;(C) demonstrate the proper procedures to construct and install cabinet doors, furniture doors, drawers, drawer guides, shelves, cabinet interiors, legs, posts, table tops, and cabinet tops; and(D) apply proper finishing techniques.</content><note type="source"><p>Source Note: The provisions of this §127.102 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.103"><num value="127.103">§127.103</num><heading>Masonry Technology I (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Construction. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Masonry Technology I provides information and techniques related to basic masonry and safety precautions. For safety and liability considerations, limiting course enrollment to 15 students is recommended. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student describes materials and techniques used in basic masonry. The student is expected to:(A) explain how concrete masonry units (CMUs), or blocks, are used in construction;(B) explain how clay masonry units (bricks) are used in construction;(C) explain how stone is used in construction;(D) describe how mortar and grout are used in masonry construction; and(E) describe how wall structures are created using masonry units.(2) The student identifies safe practices and expectations for the masonry industry. The student is expected to:(A) identify the costs of job accidents;(B) identify the causes of job accidents;(C) recognize the hazards;(D) demonstrate proper housekeeping techniques;(E) observe mortar and concrete safety; and(F) observe flammable liquid safety.(3) The student demonstrates awareness of safe practices and expectations for the masonry industry and recognizes proper personal protective equipment. The student is expected to:(A) explain protective lenses and face shields;(B) describe hearing protection;(C) identify gloves used in the masonry trade; and(D) use respirators.(4) The student understands the importance of being trained in and aware of safe practices and expectations for the masonry industry, including working safely from elevated surfaces. The student is expected to:(A) explain fall protection procedures;(B) describe personal fall arrest systems;(C) list basic scaffold safety guidelines; and(D) explain how to protect against falling objects.(5) The student explains safe practices and expectations for the masonry industry. The student is expected to:(A) explain the safe use of hand tools;(B) demonstrate the safe use of saws;(C) explain the safe use of mixers;(D) explain the safe use of grinders;(E) describe the safe use of powder-actuated tools;(F) explain how to work safely around a fork lift;(G) list basic electrical safety guidelines;(H) explain how to store and stockpile masonry materials safely; and(I) demonstrate how to stack brick safely.(6) The student identifies masonry hand tools. The student is expected to:(A) demonstrate how to use trowels;(B) demonstrate how to use hammers and chisels;(C) demonstrate how to use jointers and brushes; and(D) identify other hand tools used in masonry.(7) The student understands the importance of measurements and measuring tools used in masonry. The student is expected to:(A) demonstrate how to use the modular spacing rule, brick spacing rule, oversized brick spacing rule, and steel tape measure; (B) demonstrate how to use levels;(C) demonstrate how to use chalk boxes, squares, plumb-bobs, and laser levels; and(D) demonstrate how to use corner poles, lines, and fasteners.</content><note type="source"><p>Source Note: The provisions of this §127.103 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.104"><num value="127.104">§127.104</num><heading>Masonry Technology II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Masonry Technology I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Masonry Technology II is designed to further enhance the skills and knowledge of the beginning masonry student. For safety and liability considerations, limiting course enrollment to 15 students is recommended.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student recognizes mathematical concepts used in masonry and is able to apply mathematical concepts used in masonry. The student is expected to:(A) read a six-foot rule;(B) read other measuring devices;(C) read a mason's rule;(D) apply the 3-4-5 formula to square a corner;(E) recognize modular increments;(F) describe how to determine areas and circumferences;(G) explain the basic parts of a set of drawings;(H) identify lines, symbols, and abbreviations used on drawings;(I) explain scales and dimensions used on drawings;(J) explain types of construction drawings;(K) identify the purpose of specifications, standards, and codes used in the building industry and the sections that pertain to masonry;(L) explain the purpose of specifications, standards, and codes; and(M) describe the purpose of inspections and testing.(2) The student learns to describe the ingredients and types of mortar. The student is expected to:(A) explain the use of Portland cement, hydrated lime, and sand;(B) identify masonry cement;(C) explain pre-blended mortars;(D) explain the use of water and admixtures;(E) list the types of masonry mortars;(F) explain the properties of plastic mortar;(G) identify the properties of hardened mortar;(H) identify the common problems found in mortar application and their solutions;(I) describe the effects of improper proportioning and poor-quality materials;(J) explain the effects of severe weather and tempering;(K) describe efflorescence;(L) set up, maintain, and dispose of mortar;(M) maintain the mortar mixing area;(N) set up a mixing area; and(O) mix mortar with a power mixer.(3) The student describes how to install concrete masonry units. The student is expected to:(A) identify the characteristics of concrete masonry units;(B) explain how to set up, layout, and bond concrete masonry units;(C) explain how to lay and tool concrete masonry units;(D) explain how to clean concrete masonry units;(E) identify the characteristics of brick;(F) demonstrate how to set up, layout, and bond brick;(G) demonstrate how to lay and tool brick;(H) demonstrate how to clean brick;(I) cut with chisels and hammers;(J) cut with masonry hammers;(K) cut with saws and splitters;(L) check units and cuts;(M) install masonry reinforcements; and(N) install masonry accessories.</content><note type="source"><p>Source Note: The provisions of this §127.104 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.105"><num value="127.105">§127.105</num><heading>Architectural Design I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Algebra I and English I. Recommended prerequisites: Geometry, Principles of Architecture, and Principles of Construction. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Architectural Design I, students will gain knowledge and skills needed to enter a career in architecture or construction or prepare a foundation toward a postsecondary degree in architecture, construction science, drafting, interior design, or landscape architecture. Architectural Design I includes the knowledge of the design, design history, techniques, and tools related to the production of drawings, renderings, and scaled models for nonresidential or residential architectural purposes.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies key cognitive skills and academic behaviors to the requirements of architectural studies. The student is expected to:(A) self-monitor learning needs and seek assistance when needed;(B) practice study habits necessary to manage academic pursuits and requirements;(C) strive for accuracy and precision;(D) complete and master tasks;(E) demonstrate effective verbal and written communication skills with individuals from varied cultures, including fellow workers, managers, and customers;(F) complete work orders and related paperwork;(G) estimate jobs, schedules, and practices related to legal restrictions;(H) read and interpret appropriate architectural symbols, schematics, blueprints, work drawings, manuals, and bulletins; and(I) apply descriptive geometry related to auxiliary views, revolutions, and intersections.(2) The student knows the concepts and skills that form the technical knowledge of architectural design. The student is expected to:(A) demonstrate knowledge of architectural design principles; (B) determine building code and zoning requirements for building types in a selected area; and(C) demonstrate knowledge of the various grades and types of construction materials.(3) The student knows the function and application of the tools, equipment, technologies, and materials used in architectural drawing. The student is expected to:(A) use the tools, materials, and equipment commonly employed in the field of architecture in a safe manner;(B) handle and dispose of environmentally hazardous materials; and(C) demonstrate knowledge of new and emerging technologies that may affect the field of architecture.(4) The student applies the concepts and skills of the profession to simulated or actual work situations. The student is expected to:(A) use problem-solving skills to analyze a situation and identify a problem to be solved;(B) break a complex problem into component parts that can be analyzed and solved separately;(C) strive for accuracy and precision;(D) work independently;(E) work collaboratively;(F) research an architectural project;(G) design and present an effective architectural product; (H) present a final architectural product for critique;(I) apply architectural lettering techniques;(J) develop preliminary sketches of a nonresidential or residential architectural design;(K) use traditional technical architectural drafting techniques to create drawings;(L) demonstrate through drawings the development of maximum efficiency of circulation within areas or rooms;(M) develop a site plan using maximum orientation of the building relative to views, sun, and wind direction;(N) develop building designs to ensure compatibility between interior and exterior to enhance overall appearance;(O) draw schematic site plans, floor plans, building elevations, sections, perspectives, and character sketches from bubble diagrams;(P) draw scaled wall thickness plans, elevations, and sections;(Q) develop details of floor and wall sections as required; (R) demonstrate knowledge of the Americans with Disabilities Act;(S) assemble an architectural design in three dimensions;(T) customize screen menus to fit specific problems or needs;(U) construct points, lines, and other geometric forms using accepted computer-aided design methods;(V) create a freehand simple one-point perspective;(W) use a computer system to create a bill of materials;(X) use a computer system to create and modify architectural drawings; and(Y) plot architectural drawings for presentation.(5) The student begins exploration, development, and organization of ideas from the surroundings. The student is expected to:(A) begin illustrating ideas for architectural projects from direct observation, experiences, imagination; and(B) begin comparing and contrasting the use of architectural elements such as color, texture, form, line, space, value, and architectural principles such as emphasis, pattern, rhythm, balance, proportion, and unity in personal architectural projects and those of others using vocabulary accurately.(6) The student begins expressing ideas through original architectural projects using a variety of media with appropriate skill. The student is expected to:(A) create beginning visual solutions by elaborating on direct observation, experiences, and imagination;(B) create beginning designs for practical applications; and(C) demonstrate beginning effective use of architectural media and tools in design, drawing, painting, printmaking, and sculpture such as model building.(7) The student demonstrates an understanding of architectural history and culture as records of human achievement from ancient Egypt to the present. The student is expected to:(A) compare and contrast historical and contemporary styles, identifying general themes and trends;(B) describe general characteristics in architectural projects from a variety of cultures; and(C) compare and contrast career opportunities in architecture. (8) The student makes beginning informed judgments about personal architectural projects and the architectural projects of others. The student is expected to:(A) interpret, evaluate, and justify architectural artistic decisions in personal architectural projects; and(B) select and analyze original architectural projects, portfolios, and exhibitions by peers or others to form precise conclusions about formal qualities, historical and cultural contexts, intents, and meanings.(9) The student makes informed career decisions that reflect career goals. The student is expected to:(A) determine employment and entrepreneurial opportunities and preparation requirements in architecture and related fields;(B) propose short-term and long-term career goals;(C) describe technology used in architectural careers;(D) maintain a project portfolio that documents experience by using graphic or written documentation of architectural-related projects; and(E) develop a professional resume.(10) The student applies communication, science, and mathematics knowledge and skills to architectural projects. The student is expected to:(A) prepare professional communications, technical reports, and presentations;(B) apply mathematical equations; and(C) apply scientific principles and concepts.(11) The student knows the concept of sustainability. The student is expected to:(A) identify the nature of energy;(B) relate potential energy, kinetic energy, and heat energy to conservation;(C) create an energy model;(D) evaluate different methods of energy transfer;(E) recognize sustainable design as it relates to architectural design; and(F) define green architecture as related to the field of architecture.</content><note type="source"><p>Source Note: The provisions of this §127.105 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.106"><num value="127.106">§127.106</num><heading>Architectural Design II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Architectural Design I or Advanced Interior Design and Geometry. Recommended prerequisites: Principles of Architecture and Principles of Construction. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Architectural Design II, students will gain advanced knowledge and skills needed to enter a career in architecture or construction or prepare a foundation toward a postsecondary degree in architecture, construction science, drafting, interior design, or landscape architecture. Architectural Design II includes the advanced knowledge of the design, design history, techniques, and tools related to the production of drawings, renderings, and scaled models for nonresidential or residential architectural purposes.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student relates core academic skills to the requirements of architecture. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures, including fellow workers, managers, and customers;(B) complete work orders and related paperwork;(C) estimate jobs, schedules, and standard industry practices related to legal restrictions;(D) read and interpret architectural symbols, schematics, blueprints, work drawings, manuals, and bulletins; and(E) apply descriptive geometry related to auxiliary views, revolutions, and intersections.(2) The student knows the concepts and skills that form the technical knowledge of architectural computer-aided drafting. The student is expected to:(A) demonstrate knowledge of architectural design principles; (B) determine building code and zoning requirements for building types in a selected area; and(C) demonstrate knowledge of the various grades and types of construction materials.(3) The student knows the function and application of the tools, equipment, technologies, and materials used in architectural computer-aided design. The student is expected to:(A) use the tools, materials, and equipment commonly employed in the field of architectural computer-aided design in a safe manner;(B) handle and dispose of environmentally hazardous materials used in the field of architecture in accordance with the material safety data sheet (MSDS), the Occupational Safety and Health Administration (OSHA), and the Environmental Protection Agency (EPA) regulations; and(C) demonstrate knowledge of new and emerging technologies that may affect the field of architecture.(4) The student applies the concepts and skills of the trade to simulated and actual work situations. The student is expected to:(A) use problem-solving skills to analyze a situation to identify a problem to be solved;(B) break a complex problem into component parts that can be analyzed and solved separately;(C) strive for accuracy and precision;(D) work independently;(E) work collaboratively;(F) research an architectural project;(G) design and present an effective architectural product; (H) present a final architectural product for critique;(I) apply architectural lettering techniques;(J) develop preliminary sketches of a residential plan or nonresidential plan;(K) demonstrate through drawings the development of maximum efficiency of circulation within areas or rooms;(L) develop a site plan using maximum orientation of the building relative to views, sun, and wind direction;(M) draw building designs and styles to ensure compatibility between interior and exterior to enhance overall appearance;(N) draw schematic site plans, floor plans, roof plans, building elevations, sections, perspectives, and character sketches using design development techniques;(O) draw scaled wall thickness plans, interior elevations, and sections;(P) develop details, sections, floor and wall sections, ceiling and roof sections, door and window sections, and other sections as required;(Q) assemble an architectural design in three dimensions;(R) research the Green Building Rating System as defined by the U.S. Green Building Council; and(S) create a project demonstrating sustainable design as it relates to architectural design as defined by the U.S. Green Building Council.(5) The student applies the concepts and skills of the trade to simulated and actual work situations. The student is expected to:(A) customize screen menus to fit specific problems or needs;(B) construct architectural drawings using advanced computer-aided design drafting skills;(C) create two- or three-point perspectives;(D) create three-dimensional solid models;(E) view three-dimensional objects in several different positions;(F) use a computer system to create a bill of materials;(G) use a computer-aided drafting system to create and modify nonresidential or residential architectural drawings;(H) plot architectural drawings for presentation; and(I) render three-dimensional objects with applied materials. (6) The student describes the importance of teamwork, leadership, integrity, honesty, work habits, and organizational skills. The student is expected to:(A) describe how teams function;(B) use teamwork to solve problems;(C) distinguish between the roles of team leaders and team members;(D) identify characteristics of good leaders;(E) identify employers' expectations and appropriate work habits;(F) define discrimination, harassment, and inequality;(G) use time-management techniques to develop and maintain work schedules and meet deadlines; and(H) complete work according to established criteria.(7) The student sustains exploration, development, and organization of ideas from their surroundings. The student is expected to:(A) use advanced skills to illustrate ideas for architectural projects from direct observation, experiences, and imagination; and(B) use advanced skills comparing and contrasting the use of architectural elements such as color, texture, form, line, space, and value and architectural principles such as emphasis, pattern, rhythm, balance, proportion, and unity in personal architectural projects and those of others using vocabulary accurately.(8) The student uses advanced skills expressing ideas through original architectural projects using a variety of media with appropriate skill. The student is expected to:(A) create, using advanced skills, visual solutions by elaborating on direct observation, experiences, and imagination;(B) create, using advanced skills, designs for practical applications; and(C) demonstrate, using advanced skills, effective use of architectural media and tools in design, drawing, painting, printmaking, and sculpture such as advanced model building.(9) The student demonstrates an understanding of architectural history and culture as records of human achievement by examining the connections between twentieth and twenty-first century architecture and art and connections between Greek and Roman architecture and art. The student is expected to:(A) compare and contrast historical and contemporary styles by identifying general themes and trends;(B) describe general characteristics in architectural artworks from a variety of cultures; and(C) compare and contrast career opportunities in architecture. (10) The student makes advanced, informed judgments about personal architectural projects and the architectural projects of others. The student is expected to:(A) interpret, evaluate, and justify architectural artistic decisions in personal architectural artworks; and(B) select and analyze original architectural artworks, portfolios, and exhibitions by peers and others to form precise conclusions about formal qualities, historical and cultural contexts, intents, and meanings.(11) The student exhibits employability skills that lead to job success in the architectural design industry. The student is expected to:(A) demonstrate effective verbal, nonverbal, written, and electronic communication skills;(B) demonstrate effective methods to secure, maintain, and terminate employment;(C) demonstrate positive interpersonal skills, including conflict resolution, negotiation, teamwork, and leadership;(D) evaluate the relationship of good physical and mental health to job success and achievement;(E) demonstrate appropriate grooming and appearance for the workplace;(F) demonstrate appropriate business and personal etiquette in the workplace;(G) exhibit productive work habits and attitudes; and(H) maintain a project portfolio that documents architectural projects using a variety of multimedia techniques.</content><note type="source"><p>Source Note: The provisions of this §127.106 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.107"><num value="127.107">§127.107</num><heading>Interior Design I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Algebra I and English I. Recommended prerequisites: Principles of Architecture and Principles of Construction or Architectural Design I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Interior Design I is a technical course that addresses psychological, physiological, and sociological needs of individuals by enhancing the environments in which they live and work. Students will use knowledge and skills related to interior and exterior environments, construction, and furnishings to make wise consumer decisions, increase productivity, promote sustainability, and compete in industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates effective decision-making skills related to housing needs throughout the life cycle. The student is expected to:(A) determine housing characteristics common to various world cultures and regions such as roof styles and materials, foundation types, and construction materials;(B) describe factors affecting housing choices;(C) describe the relationship between family housing and economics;(D) assess the impact of demographic trends on psychological, physiological, and social needs when making housing decisions;(E) analyze the impact of housing decisions on family relationships and the management of multiple family, community, and wage-earner roles;(F) analyze aspects of community planning that impact housing decisions; and(G) compare the availability, desirability, and financial feasibility of housing alternatives.(2) The student demonstrates effective management practices related to the housing budget. The student is expected to:(A) research consumer rights and responsibilities associated with housing;(B) contrast the impact of needs and wants on the costs of housing;(C) analyze legal and financial aspects of purchasing, leasing, and renting housing; and(D) summarize laws and public policies that impact housing decisions and costs.(3) The student recommends practices that will create a safe, secure, and well-maintained home. The student is expected to:(A) research the effect of housing conditions on health, safety, and the environment;(B) develop a plan for detecting safety hazards and maintaining a safe home; and(C) research and describe housing features for individuals with special needs.(4) The student proposes methods to create quality living environments. The student is expected to:(A) apply elements and principles of design to living environments;(B) apply principles of space utilization, zoning, and traffic patterns in planning and furnishing housing; and(C) propose design and furnishings features to meet the special needs of individuals and families.(5) The student considers factors affecting housing construction when making plans and consumer decisions related to housing. The student is expected to:(A) identify architectural styles and architectural features exemplified in housing;(B) summarize considerations for housing site selection;(C) evaluate basic housing construction and finishing considerations; and(D) research and describe the effects of technology on current and future housing trends.(6) The student evaluates factors influencing the housing industry. The student is expected to:(A) research and describe the interrelationship of the housing industry with the economy; and(B) determine sources and availability of construction materials.(7) The student assesses environmental issues affecting housing. The student is expected to:(A) evaluate the effects of landscaping on housing and the environment; and(B) determine techniques, materials, and technological applications that can be used in housing to conserve energy and other resources and promote sustainability.(8) The student uses effective design practices to evaluate residential and nonresidential interiors. The student is expected to:(A) apply elements and principles of design to interiors;(B) plan for effective use of space zones and placement of furnishings;(C) apply drafting techniques, including scaled drawings that facilitate space planning and technological applications;(D) determine the effect of technological applications on interior design practices;(E) differentiate design practices to meet individual, business, and special needs;(F) research energy conservation and sustainability practices that affect interior design; and(G) summarize laws, public policies, and regulations impacting interior environments.(9) The student determines appropriate lighting for residential and nonresidential interiors. The student is expected to:(A) analyze the functions and principles of lighting;(B) compare lighting types and methods of control; and(C) recommend lighting applications for specific interior needs, including safety, conservation, and sustainability.(10) The student chooses appropriate background materials to complement various residential and nonresidential interior settings. The student is expected to:(A) compare criteria for selection, use, and care of floor coverings;(B) evaluate selection, use, and care of wall treatments;(C) evaluate selection and care of ceilings; and(D) evaluate selection, use, and care of window treatments and their suitability for various window types.(11) The student demonstrates effective decision-making skills in applying principles of design and space to residential and nonresidential interior environments. The student is expected to:(A) examine the relationship of interior decisions to individual and family needs and wants;(B) examine the influences of demographics, society, and culture on interior design decisions;(C) explain the relationship of local and global economics to interior environments;(D) propose strategies for controlling costs and allocating resources; and(E) budget for acquisition of products to enhance interior environments.(12) The student evaluates the role of furniture in interior design for residential and nonresidential settings. The student is expected to:(A) distinguish between various characteristics of period styles throughout history;(B) determine the influence of period styles on interior design throughout history;(C) summarize selection and care of quality furniture;(D) assess aesthetic and functional aspects of furniture, including ergonomics and special needs requirements; and(E) research and describe the impact of technology on furniture, including current trends.(13) The student determines the role of appliances in interior design for residential and nonresidential settings. The student is expected to:(A) analyze the functional and aesthetic aspects of appliances;(B) determine the process for selection of appliances, including consideration of special needs;(C) research and explain the safe use and care of appliances, including current trends; and(D) research technological advancements in appliances.(14) The student evaluates the role of accessories in interior design for residential and nonresidential settings. The student is expected to:(A) identify types of accessories, including eco-friendly accessories;(B) describe criteria for selection of accessories;(C) analyze care of accessories;(D) demonstrate a knowledge of arranging accessories; and(E) research eco-friendly options for accessories.(15) The student applies the concepts and skills of the industry to simulated work situations. The student is expected to:(A) customize screen menus to fit specific problems or needs;(B) construct points, lines, and other geometric forms using accepted computer-aided design methods;(C) create a freehand, simple one-point perspective;(D) use applications to create a bill of materials, including budgeting considerations;(E) use technological applications to create and modify architectural interior drawings; and(F) print and plot architectural interior drawings for presentation.(16) The student creates a professional portfolio featuring original projects using a variety of media. The student is expected to:(A) illustrate ideas for interior design from direct observation, experiences, and imagination;(B) compare and contrast the use of interior design elements and principles in personal design plans and design plans of others using industry terminology;(C) create visual solutions by elaborating on direct observation, experience, and imagination;(D) create designs for practical applications; and(E) demonstrate effective use of interior design media and tools in designing, drawing, painting, printmaking, and sculpture making such as model building.(17) The student maintains a professional portfolio to document knowledge, skills, and abilities. The student is expected to:(A) select educational and work history highlights to create a personal resume;(B) develop a resume using word processing technology;(C) contact professional references to acquire recommendations; (D) obtain appropriate letters of recommendation; and(E) document and maintain a record of work experiences, licenses, certifications, credentials, and education and training to build a portfolio.(18) The student applies the concepts and skills of the profession to simulated or actual work situations. The student is expected to:(A) use problem-solving skills to analyze a situation and to identify a problem to be solved;(B) break a complex problem into component parts that can be analyzed and solved separately;(C) strive for accuracy and precision;(D) work independently;(E) work collaboratively;(F) research an interior design project;(G) design and present an effective interior design product; and(H) present a final interior design product for critique that demonstrates clear and effective communication.</content><note type="source"><p>Source Note: The provisions of this §127.107 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.108"><num value="127.108">§127.108</num><heading>Interior Design II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: English II, Geometry, and Interior Design I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Interior Design II is a technical laboratory course that includes the application of the employability characteristics, principles, processes, technologies, communication, tools, equipment, and materials related to interior design to meet industry standards.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows the employability characteristics of a successful worker in the modern workplace. The student is expected to:(A) research employment opportunities, including internship, entrepreneurship, and preparation requirements, in the field of architectural interior design;(B) demonstrate an understanding of group participation and leadership related to citizenship and career preparation;(C) research employers' expectations and appropriate work habits;(D) apply the competencies related to resources, information, systems, and technology in appropriate settings and situations;(E) demonstrate knowledge of the concepts and skills related to health and safety in the workplace, as specified by appropriate governmental regulations; and(F) maintain a project portfolio that documents interior design projects using a variety of multimedia techniques with a professional resume reflecting current trends.(2) The student applies core academic skills to the requirements of architectural interior design. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures, including fellow workers, managers, and customers;(B) complete work orders and related paperwork;(C) estimate cost of supplies, materials, and labor; and(D) read and interpret schematics, floor plans, work drawings, catalogs, manuals, and bulletins.(3) The student knows the concepts and skills that form the core knowledge of architectural interior design. The student is expected to:(A) demonstrate knowledge of interior design theory;(B) apply layout and design lines, symbols, and drawings;(C) demonstrate knowledge of the theory and use of color in interior design; and(D) demonstrate knowledge of the principles of computer-aided drafting.(4) The student knows the function and application of the tools, equipment, technologies, and materials used in architectural interior design. The student is expected to:(A) use tools, materials, and equipment commonly employed in the field of architectural interior design in a safe manner;(B) demonstrate an understanding of how to properly handle and dispose of environmentally hazardous materials used in the field of architectural interior design in accordance with the material safety data sheet (MSDS), Occupational Safety and Health Administration (OSHA), and Environmental Protection Agency (EPA) regulations; (C) demonstrate knowledge of new and emerging technologies that may affect the field of architectural interior design; and(D) use and apply job-appropriate computer applications for a given task such as printing and plotting elevations, floor plans, and additional presentation documents or illustrations.(5) The student applies the concepts and skills of interior design to simulated and actual work situations. The student is expected to:(A) apply architectural lettering techniques;(B) render freehand nonresidential or residential interior design working drawings;(C) draw a single-line floor plan from design development techniques for a residential or nonresidential project;(D) select interior furnishings and finish materials for a residence or a nonresidential office interior;(E) prepare and draw dimension plans for construction documents;(F) produce interior drawings using one-point and two-point perspective;(G) develop and complete schematic design drawings;(H) apply the essential knowledge and skills in architectural interior design to career preparation learning experiences, including job shadowing, mentoring, or apprenticeship training programs;(I) create an original, sustainable design as it relates to interior design;(J) customize screen menus in drawing programs; and(K) apply industry-accepted, computer-aided drafting skills.(6) The student uses valid and reliable research strategies to determine current industry standards. The student is expected to:(A) research and define green architecture as related to the field of interior design;(B) research the Americans with Disabilities Act;(C) research the guidelines for kitchen and bath design as defined by The National Kitchen and Bath Industry (NKBA);(D) research traditional and period design styles of upholstery;(E) research new and emerging technologies that may affect the field of furniture repair and upholstery services;(F) research the types, properties, and uses of paints, varnishes, polishes, and waxes; and(G) research an architectural project such as urban renewal, green architecture, or innovative design.(7) The student understands the concepts and skills that form the core knowledge of furniture repair and upholstery. The student is expected to:(A) identify styles and periods of furniture;(B) identify the various types and properties of woods; and(C) identify different fabrics, materials, and finishes and their characteristics.(8) The student knows the function and application of the tools, equipment, technologies, and materials used in furniture repair and upholstery. The student is expected to:(A) use tools, materials, and equipment commonly employed in the field of furniture repair and upholstery services; and(B) handle and dispose of environmentally hazardous materials used in the field of furniture repair and upholstery.(9) The student applies the concepts and skills of furniture repair and upholstery to simulated and actual work situations. The student is expected to:(A) apply the woodworking skills required for furniture finishing and repair;(B) demonstrate knowledge of the types, properties, and uses of paints, varnishes, polishes, and waxes;(C) disassemble and reassemble furniture;(D) repair dents, marks, and scratches by using fillers and stains;(E) perform the tasks of fabrication and repair and disassembly and reassembly such as tacking, nailing, gluing, measuring, layout, cutting, sewing, and fitting materials;(F) apply materials to furniture such as filling, padding, springs, and fabric;(G) use problem-solving skills to analyze a situation to identify a problem to be solved;(H) break a complex problem into component parts that can be separately analyzed and solved;(I) strive for accuracy and precision;(J) work independently;(K) work collaboratively;(L) design and present an effective interior design product; and(M) present a final interior design product for critique that demonstrates clear and effective communication.</content><note type="source"><p>Source Note: The provisions of this §127.108 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.109"><num value="127.109">§127.109</num><heading>Electrical Technology I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Architecture or Principles of Construction. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Electrical Technology I, students will gain knowledge and skills needed to enter the workforce as an electrician or building maintenance supervisor, prepare for a postsecondary degree in a specified field of construction or construction management, or pursue an approved apprenticeship program. Students will acquire knowledge and skills in safety, electrical theory, tools, codes, installation of electrical equipment, and the reading of electrical drawings, schematics, and specifications.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies the issues associated with electrical hazards found on a jobsite. The student is expected to:(A) demonstrate safe working procedures in a construction environment;(B) explain the purpose of the Occupational Safety and Health Administration (OSHA) and how it promotes safety on the job;(C) identify electrical hazards and how to avoid or minimize them in the workplace; and(D) explain safety issues concerning lockout and tagout procedures, personal protection using assured grounding and isolation programs, confined space entry, respiratory protection, and fall protection. (2) The student learns conduit bending and installation. The student is expected to:(A) identify the methods of hand bending conduit;(B) identify the various methods used to install conduit;(C) use mathematical formulas to determine conduit bends;(D) make 90 degree bends, back-to-back bends, offsets, kicks, and saddle bends using a hand bender; and(E) cut, ream, and thread conduit.(3) The student gains knowledge of the hardware and systems used by an electrician to mount and support boxes, receptacles, and other electrical components. The student is expected to:(A) identify and explain the use of threaded fasteners;(B) identify and explain the use of non-threaded fasteners; (C) identify and explain the use of anchors;(D) demonstrate the correct applications for fasteners and anchors; and(E) install fasteners and anchors.(4) The student learns the electrical concepts used in Ohm's law applied to direct current and series circuits and understands series parallel circuits, resistive circuits, Kirchhoff's voltage and current laws, and circuit analysis. The student is expected to:(A) recognize what atoms are and what atoms are composed of;(B) define voltage and identify the ways in which it can be produced;(C) explain the difference between conductors and insulators; (D) define the units of measurement used to measure the properties of electricity;(E) explain how voltage, current, and resistance are related to each other;(F) calculate an unknown value using the formula for Ohm's law;(G) explain the different types of meters used to measure voltage, current, and resistance;(H) calculate the amount of power used by a circuit using the power formula;(I) explain the basic characteristics of a series, parallel, and combined series-parallel circuit;(J) calculate, using Kirchhoff's current law, the total current in parallel and series-parallel circuits; and(K) find the total amount of resistance in a series, parallel, or combined series-parallel circuit.(5) The student gains knowledge in selecting, using, and safely maintaining common electrical test equipment. The student is expect to:(A) explain how to operate test equipment such as ammeter, ohmmeter, volt-ohm-multimeter, continuity tester, and voltage tester;(B) explain how to read specific test equipment and convert from one scale to another when using specified test equipment;(C) explain the importance of proper meter polarity; and(D) explain the difference between digital and analog meters.(6) The student uses the National Electrical Code. The student is expected to:(A) explain the purpose and history of the National Electrical Code;(B) describe the layout of and explain how to navigate the National Electrical Code;(C) describe the purpose of the National Electrical Manufacturers Association and National Fire Protection Association; and(D) explain the role of testing laboratories.(7) The student learns the types and applications of raceways, wireways, and ducts. The student is expected to:(A) describe various types of cable trays and raceways;(B) identify and select various types and sizes of raceways;(C) identify and select various types and sizes of cable raceways;(D) identify and select various types of raceway fittings; (E) identify various methods used to install raceways;(F) demonstrate knowledge of National Electrical Code raceway requirements;(G) describe procedures for installing raceways and boxes on masonry surfaces, metal stud systems, wood-framed systems, and drywall surfaces; and(H) recognize safety precautions that must be followed when working with boxes and raceways.(8) The student learns the types and applications of conductors and wiring techniques. The student is expected to:(A) demonstrate the various wire sizes using a wire in accordance with American Wire Gauge standards;(B) identify insulation and jacket types according to conditions and applications;(C) describe voltage ratings of conductors and cables;(D) read and identify markings on conductors and cables;(E) use the tables in the National Electrical Code to determine the ampacity of a conductor;(F) state the purpose of stranded wire;(G) state the purpose of compressed conductors;(H) describe the different materials from which conductors are made;(I) describe the different types of conductor insulation;(J) describe the color coding of insulation;(K) describe instrumentation control wiring;(L) describe the equipment required for pulling wire through conduit;(M) describe the procedure for pulling wire through conduit;(N) install conductors in conduit; and(O) pull conductors in a conduit system.(9) The student learns electrical symbols and their use in design drawings. Additionally, students learn to interpret schematics, one-line diagrams, and wiring diagrams. The student is expected to:(A) explain the basic layout of a design drawing;(B) describe the information included in the title block of a drawing;(C) identify common symbols and the various types of lines used on drawings;(D) understand the use of architect's and engineer's scales;(E) interpret electrical drawings such as site plans, floor plans, and detail drawings;(F) read equipment schedules found on electrical drawings; and(G) describe the type of information included in electrical specifications.(10) The student learns the electrical devices and wiring techniques used in commercial and industrial construction and maintenance. The student is expected to:(A) identify and state the functions and ratings of special switches such as single-pole, double-pole, three-way, four-way, dimmer, and safety switches;(B) explain National Electrical Manufacturers Association classifications as they relate to switches and enclosures;(C) explain the National Electrical Building Code requirements concerning wiring devices;(D) identify and state the functions and ratings of wiring devices such as straight blade, twist lock, and pin and sleeve receptacles;(E) identify and define receptacle terminals and disconnects; (F) identify and define ground fault circuit interrupters; (G) explain the box mounting requirements in the National Building Code;(H) use appropriate tools and connectors to strip and splice wires together;(I) identify and state the functions of limit switches and relays; and(J) identify and state the function of switchgear.(11) The student learns the electrical devices and wiring techniques used in residential construction maintenance. The student is expected to:(A) describe how to determine electric service requirements for dwellings;(B) explain the grounding requirements of a residential electric service;(C) calculate and select service-entrance equipment;(D) select the proper wiring methods for various types of residences;(E) explain the role of the National Electrical Code in residential wiring;(F) compute branch circuit loads and explain their installation requirements;(G) explain the types and purposes of equipment grounding conductors;(H) explain the purpose of ground-fault circuit interrupters and tell where they must be installed;(I) determine the size of outlet boxes and select the proper type for different wiring methods;(J) describe rules for installing electric space heating and heating, ventilating, and air conditioning equipment;(K) describe the installation rules for electrical systems around swimming pools, spas, and hot tubs;(L) describe the installation and control of lighting fixtures; and(M) explain how wiring devices are selected and installed.</content><note type="source"><p>Source Note: The provisions of this §127.109 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.110"><num value="127.110">§127.110</num><heading>Electrical Technology II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Electrical Technology I. Recommended prerequisite: Principles of Architecture or Principles of Construction. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Electrical Technology II, students will gain advanced knowledge and skills needed to enter the workforce as an electrician, a building maintenance technician, or a supervisor; prepare for a postsecondary degree in a specified field of construction or construction management; or pursue an approved apprenticeship program. Students will acquire knowledge and skills in safety, electrical theory, tools, codes, installation of electrical equipment, alternating current and direct current motors, conductor installation, installation of electrical services, and electric lighting installation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows the issues associated with electrical hazards found on a jobsite. The student is expected to:(A) demonstrate safe working procedures in a construction environment;(B) explain the purpose of the Occupational Safety and Health Administration (OSHA) and how it promotes safety on the job;(C) identify electrical hazards and how to avoid or minimize them in the workplace; and(D) explain safety issues concerning lockout and tagout procedures, personal protection using assured grounding and isolation programs, confined space entry, respiratory protection, and fall protection. (2) The student gains knowledge of alternating current and direct current motors with specific attention being given to main parts, circuits, and connections. The student is expected to:(A) define terms such as ampacity, branch circuit, circuit breaker, controller, duty, full-load amps, ground fault circuit interrupter, interrupting rating, motor circuit switch, thermal protector, National Electrical Manufacturers Association design letter, non-automatic, overcurrent, overload, rated full-load speed, rated horsepower, remote control circuit, service factor, and thermal cutout;(B) describe the various types of motor enclosures;(C) describe how the rated voltage of a motor differs from the system voltage;(D) describe the basic construction and components of a three-phase squirrel cage induction motor;(E) explain the relationships among speed, frequency, and the number of poles in a three-phase induction motor;(F) describe how torque is developed in an induction motor;(G) explain how and why torque varies with rotor reactance and slip;(H) define percent slip and speed regulation;(I) explain how the direction of a three-phase motor is reversed;(J) describe the component parts and operating characteristics of a three-phase wound-rotor induction motor;(K) define torque, starting current, and armature reaction as they apply to direct current motors;(L) explain how the direction of rotation of a direct current motor is changed;(M) describe the design and characteristics of direct current shunt, series, and compound motors;(N) describe dual-voltage motors and their applications;(O) describe the methods for determining various motor connections; and(P) describe general motor protection requirements as delineated by the National Electrical Code.(3) The student learns the purpose for grounding and bonding electrical systems. The student is expected to:(A) explain the purpose of grounding and the scope of the National Electrical Code;(B) distinguish between a short circuit and a ground fault;(C) define the National Electrical Code ground-related terms;(D) distinguish between system grounding and equipment grounding;(E) use the National Electrical Code to size the grounding electrode conductor for various alternating current systems;(F) explain the National Electrical Code requirements for the installation and physical protection of grounding electrode conductors;(G) explain the function of the grounding electrode system and determine which grounding electrodes must be used;(H) define electrodes and explain the resistance requirements for electrodes using the National Electrical Code;(I) use the National Electrical Code to size the equipment grounding conductor for raceways and equipment;(J) explain the function of the main bonding jumper and system bonding jumpers in the grounding system and size the bonding jumpers for various applications;(K) size the main bonding jumper for a service using multiple service disconnecting means;(L) explain the National Electrical Code requirements for bonding of enclosures and equipment;(M) explain effective grounding and its importance in clearing ground faults and short circuits;(N) explain the purposes of the grounded conductor neutral in operation of overcurrent devices;(O) explain the National Electrical Code requirements for grounding separately derived systems, including transformers and generators;(P) explain the National Electrical Code requirements for grounding at more than one building; and(Q) explain the National Electrical Code grounding requirements for systems over 600 volts.(4) The student properly bends all sizes of conduit up to six inches. The student is expected to:(A) describe the process of conduit bending using power tools;(B) identify all parts of popular electric and hydraulic benders;(C) avoid excessive waste when working with conduit systems;(D) bend offsets, kicks, saddles, and segmented and parallel bends;(E) explain the requirements for the National Electrical Code for bending conduit;(F) compute the radius, degrees in bend, developed length, and gain for conduit up to six inches; and(G) explain how to correct damaged conduit and modify existing bends.(5) The student learns to select and size outlet boxes, pull boxes, and junction boxes. The student is expected to:(A) describe the different types of nonmetallic and metallic boxes;(B) calculate the required box size for any number and size of conductors;(C) explain the National Electrical Code regulations for volume required per conductor in outlet boxes;(D) locate, install, and support boxes of all types;(E) describe the National Electrical Code regulations governing pull and junction boxes;(F) explain the radius rule when installing conductors in pull boxes;(G) understand the National Electrical Code requirements for boxes supporting lighting fixtures;(H) describe the purpose of conduit bodies and Type FS boxes;(I) install the different types of fittings used in conjunction with boxes;(J) describe the installation rules for boxes and fittings in hazardous areas;(K) explain how boxes and fittings are selected and installed; and(L) describe the various types of box supports.(6) The student knows transportation, storage, and setup of cable reels, methods of rigging, and procedures to complete cable pulls in raceways and cable trays. The student is expected to:(A) describe the various methods of installing conductors in conduit;(B) plan and set up for a cable pull;(C) describe how cable reels are transported to the pulling site;(D) set up reel stands and spindles for a wire-pulling installation;(E) explain how mandrels, swabs, and brushes are used to prepare conduit for conductors;(F) install a pull line for a cable-pulling operation;(G) explain the operation of power fish tape systems;(H) prepare the ends of conductors for pulling;(I) describe the types of cable pullers;(J) describe the process of high-force cable pulling;(K) explain how to support conductors in vertical conduit runs;(L) describe the installation of cables in cable trays;(M) explain the importance of communication during a cable-pulling operation; and(N) calculate the probable stress or tension in cable pulls.(7) The student installs cable trays and modifies cable trays and cable. The student is expected to:(A) describe the components that make up a cable tray assembly;(B) explain the methods used to hang and secure a cable tray;(C) describe how cable enters and exits cable trays;(D) select the proper cable tray fitting for the situation; (E) explain the National Electrical Manufacturers Association standards for cable tray installations;(F) explain the National Electrical Code requirements for cable tray installations;(G) select the required fittings to ensure equipment grounding continuity in cable tray systems;(H) interpret electrical working drawings showing cable tray fittings;(I) size a cable tray for the number and type of conductors contained in the system;(J) select rollers and sheaves for pulling cable in specific cable tray situations; and(K) designate the required locations of rollers and sheaves for a specific cable pull.(8) The student knows the methods of terminating and splicing conductors of all types and sizes and the preparation and taping of conductors. The student is expected to:(A) describe how to make a good conductor termination;(B) prepare cable ends for terminations and splices;(C) install lugs and connectors onto conductors;(D) train cable at termination points;(E) explain the role of the National Electrical Code in making cable terminations and splices;(F) explain why mechanical stress should be avoided at cable termination points;(G) describe the importance of using proper bolt torque when bolting lugs onto bus bars;(H) describe crimping techniques;(I) select the proper lug or connector for the job;(J) describe splicing techniques; and(K) explain how to use hand and power crimping tools.(9) The student installs single- and three-phase services, including metering equipment. The student is expected to:(A) describe various types of electric services for commercial and industrial installations;(B) read electrical drawings and diagrams describing service installation;(C) calculate and select service-entrance equipment;(D) explain the role of the National Electrical Code in service installations;(E) install main disconnect switches, panel boards, and overcurrent protection devices;(F) identify the circuit loads, number of circuits required, and installation requirements for distribution panels;(G) explain the types and purposes of service grounding;(H) explain the purpose and required locations of ground fault circuit interrupters;(I) describe single-phase service connections; and(J) describe both wye-phase and delta-connected three-phase services.(10) The student knows the practical application of fuses and circuit breakers. The student is expected to:(A) explain the necessity of overcurrent protection devices in electrical circuits;(B) define the terms associated with fuses and circuit breakers;(C) describe the operation of a circuit breaker;(D) select the most suitable overcurrent device for the application;(E) describe the operation of single-element and time-delay fuses;(F) explain how ground fault circuit interrupters can save lives;(G) calculate short circuit currents; and(H) describe troubleshooting and maintenance techniques for overcurrent devices.(11) The student knows the practical applications of contactors and relays. The student is expected to:(A) describe the operating principles of contactors and relays;(B) select contactors and relays for use in specific electrical systems;(C) explain how mechanical contactors operate;(D) explain how solid-state contactors operate;(E) install contactors and relays according to National Electrical Code requirements;(F) select and install contactors and relays for lighting control;(G) describe how overload relays operate;(H) connect a simple control circuit; and(I) test control circuits.(12) The student learns the basic principles of human vision and the characteristics of light. The student is expected to:(A) explain how the human eye works;(B) describe the characteristics of light;(C) recognize the different kinds of lamps and explain the advantages and disadvantages of each type, including incandescent, halogen, fluorescent, and high-intensity discharge;(D) select and install lamps into lighting fixtures; and(E) recognize and install various types of lighting fixtures, including surface mounted, recessed, suspended, and track-mounted units.</content><note type="source"><p>Source Note: The provisions of this §127.110 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.111"><num value="127.111">§127.111</num><heading>Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Architecture, Principles of Construction, or Construction Technology I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology I, students will gain knowledge and skills needed to enter the industry as technicians in the HVAC and refrigeration industry or building maintenance industry, prepare for a postsecondary degree in a specified field of construction management, or pursue an approved apprenticeship program. Students will acquire knowledge and skills in safety, principles of HVAC theory, use of tools, codes, and installation of HVAC and refrigeration equipment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student learns the basic principles of HVAC and refrigeration. The student is expected to:(A) explain the basic principles of HVAC;(B) describe what the Clean Air Act means to the HVAC and refrigeration industry; and(C) identify the types of schedules and drawings used by the HVAC and refrigeration industry.(2) The student applies knowledge and skills in mathematics as they relate to HVAC and the principles of refrigeration. The student is expected to:(A) identify similar units of measurement in both English and the International System (SI) of units;(B) calculate and convert measured values and volumes expressed in mathematical equations and formulas; and(C) convert temperature values between Celsius and Fahrenheit.(3) The student selects, prepares, connects, and installs copper and plastic piping and fittings. The student is expected to:(A) state the precautions that must be taken when installing refrigerant piping;(B) select, cut, and bend the right copper tubing for the job;(C) safely connect tubing, using flare and compression fittings;(D) determine the correct hardware and supports needed for refrigerant pipe installations;(E) describe the basic requirements needed to identify and install various types of plastic pipe and state their uses;(F) demonstrate various methods used to pressure test HVAC systems;(G) identify types of plastic pipe and state their uses; and(H) cut and join lengths of plastic pipe.(4) The student cuts, threads, and joins ferrous piping. The student is expected to:(A) assemble and operate the tools used for soldering;(B) prepare tubing and fittings for soldering;(C) identify the purposes and uses of solder and solder fluxes;(D) solder copper tubing fittings;(E) assemble and operate the tools used for brazing;(F) prepare tubing and fittings for brazing;(G) identify the purposes and uses of filler metals and fluxes used for brazing;(H) braze copper tubing and fittings;(I) identify the inert gases that can be used safely to purge tubing when brazing;(J) identify the types of ferrous metal pipes;(K) accurately measure the sizes of ferrous metal pipes;(L) identify the common malleable iron fittings;(M) cut, ream, and thread ferrous metal pipe;(N) join lengths of threaded pipe together and install fittings;(O) describe the main points to consider when installing pipe runs; and(P) describe the methods used to join grooved piping.(5) The student knows electrical principles, power generation and distribution, electrical components, direct current circuits, and electrical safety. The student is expected to:(A) explain how electrical power is distributed;(B) describe how voltage, current, resistance, and power are related;(C) calculate the current, voltage, and resistance in a circuit using Ohm's law;(D) calculate how much power is consumed by a circuit using the power formula;(E) describe the differences between series and parallel circuits and calculate loads in each;(F) describe the purpose and operation of the various electrical components used in HVAC equipment;(G) state and demonstrate the safety precautions that must be followed when working on electrical equipment;(H) make voltage, current, and resistance measurements using electrical test equipment; and(I) read and interpret common electrical symbols.(6) The student learns the principles of heat transfer, refrigeration, pressure temperature relationships, and the components and accessories used in air conditioning systems. The student is expected to:(A) explain how heat transfer occurs in a cooling system, demonstrating an understanding of the terms and concepts used in the refrigeration cycle;(B) calculate the temperature and pressure relationships at key points in the refrigeration cycle;(C) under supervision, use temperature- and pressure-measuring instruments to make readings at key points in the refrigeration cycle;(D) identify commonly used refrigerants and demonstrate the procedures for handling these refrigerants;(E) identify the major components of a cooling system and explain how each type works;(F) identify the major accessories available for cooling systems and explain how each works;(G) identify the control devices used in cooling systems and explain how each works; and(H) demonstrate the correct methods to be used when piping a refrigeration system.(7) The student learns heating fundamentals, types and designs of furnaces and their components, and basic procedures for installing and servicing furnaces. The student is expected to:(A) explain the three methods by which heat is transferred and give an example of each;(B) describe how combustion occurs and identify the by-products of combustion;(C) identify the various types of fuels used in heating;(D) identify the major components and accessories of an induced draft and condensing gas furnace and explain the function of each component;(E) describe the factors that must be considered when installing a furnace;(F) identify the major components of a gas furnace and describe how each works;(G) use a manometer under supervision to measure and adjust manifold pressure on a gas furnace;(H) identify the major components of an oil furnace and describe how each component works; and(I) perform furnace preventive maintenance procedures such as cleaning and filter replacement under supervision.(8) The student gains knowledge and skills related to air distribution systems. The student is expected to:(A) describe the airflow and pressures in a basic forced-air distribution system;(B) explain the differences between propeller and centrifugal fans and blowers;(C) identify the various types of duct systems and explain why and where each type is used;(D) demonstrate or explain the installation of metal, fiberboard, and flexible duct;(E) demonstrate or explain the installation of fittings and transitions used in duct systems;(F) demonstrate or explain the use and installation of diffusers, registers, and grilles used in duct systems;(G) demonstrate or explain the use and installation of dampers used in duct systems;(H) demonstrate or explain the use and installation of insulation and vapor barriers used in duct systems;(I) identify the instruments used to make measurements in air systems and explain the use of each instrument; and(J) make accurate temperature, air pressure, and velocity measurements in an air distribution system.</content><note type="source"><p>Source Note: The provisions of this §127.111 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.112"><num value="127.112">§127.112</num><heading>Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology I. Recommended prerequisite: Principles of Architecture or Principles of Construction. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology II, students will gain advanced knowledge and skills needed to enter the industry as HVAC and refrigeration technicians or building maintenance technicians or supervisors, prepare for a postsecondary degree in a specified field of construction or construction management, or pursue an approved apprenticeship program. Students will acquire knowledge and skills in safety, electrical theory, use of tools, codes, installation of commercial HVAC equipment, heat pumps, troubleshooting techniques, various duct systems, and maintenance practices.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student learns the principles of commercial air systems. The student is expected to:(A) identify the differences between types of commercial air systems;(B) identify the type of building in which a particular type of system is used; and(C) explain the typical range of capacities for a commercial air system.(2) The student knows the principles of venting fossil-fuel furnaces and the proper methods for selecting and installing vent systems for gas-fired heating equipment. The student is expected to:(A) describe the principles of combustion and explain complete and incomplete combustion;(B) describe the content of flue gas and explain how it is vented;(C) identify the components of a furnace vent system;(D) describe how to select and install a vent system;(E) perform the adjustments necessary to achieve proper combustion in a gas furnace;(F) describe the techniques for venting different types of furnaces;(G) explain the various draft control devices used with natural-draft furnaces;(H) calculate the size of a vent required for a given application; and(I) adjust a thermostat heat anticipator.(3) The student gains knowledge of hot water heating systems, focusing on safe operation of the low-pressure boiler and piping systems commonly used in residential applications. The student is expected to:(A) explain the terms and concepts used when working with hot-water heating;(B) identify the major components of hot-water heating;(C) explain the purpose of each component of hot-water heating;(D) demonstrate the safety precautions used when working with hot-water systems;(E) demonstrate how to operate selected hot-water systems; (F) demonstrate how to safely perform selected operating procedures on low-pressure systems;(G) identify the common piping configurations used with hot-water heating;(H) explain how to read the pressure across a water system circulating pump;(I) calculate heating water flow rates; and(J) select a pump for a given application.(4) The student learns the basic principles, processes, and devices used to control humidity and air clean-lines as well as devices used to conserve energy in HVAC systems. The student is expected to:(A) explain why it is important to control humidity in a building;(B) recognize the various kinds of humidifiers used with HVAC systems and explain why each is used;(C) demonstrate how to install and service the humidifiers used in HVAC systems;(D) recognize the kinds of air filters used with HVAC systems and explain why each is used;(E) demonstrate how to install and service the filters used in HVAC systems;(F) use a manometer or differential pressure gauge to measure the friction loss of an air filter;(G) identify accessories commonly used with air conditioning systems to improve indoor air quality and reduce energy cost and explain the function of each, including humidity control devices, air filtration devices, and energy conservation devices; and(H) demonstrate or describe how to clean an electronic air cleaner.(5) The student gains the knowledge and skills in the handling of refrigerant and equipment servicing procedures to service HVAC systems in an environmentally safe manner. The student is expected to:(A) identify the common types of leak detectors and explain how each is used;(B) perform leak detection tests using selected methods;(C) identify the service equipment used for evacuating a system and explain why each item of equipment is used;(D) perform system evacuation and dehydration;(E) identify the service equipment used for recovering refrigerant from a system and for recycling the recovered refrigerant and explain why each item of equipment is used;(F) perform a refrigerant recovery;(G) evacuate a system to a deep vacuum;(H) identify the service equipment used for charging refrigerant into a system and explain why each item of equipment is used;(I) use nitrogen to purge a system; and(J) charge refrigerant into a system using various methods, including weight, superheat, sub-cooling, and charging pressure chart.(6) The student gains knowledge of transformers, single-phase and three-phase power distribution, capacitors, theory and operation of induction motors, and instruments and techniques used in testing alternating current circuits and components. The student is expected to:(A) describe the operation of various types of transformers; (B) explain how alternating current is developed and draw a sine wave;(C) identify single-phase and three-phase wiring arrangements; (D) explain how phase shift occurs in inductors and capacitors;(E) describe the types of capacitors and their applications; (F) explain the operation of single-phase and three-phase induction motors;(G) identify the various types of single-phase motors and their applications;(H) state and demonstrate the safety precautions that must be followed when working with electrical equipment; and(I) test alternating current components, including capacitors, transformers, and motors.(7) The student learns the theory of solid-state electronics as well as the operation, use, and testing of the various electronic components used in HVAC equipment. The student is expected to:(A) explain the theory of electronics and semiconductors;(B) explain how various semiconductor devices such as diodes, light emitting diodes, and photo diodes work and how the devices are used in power and control circuits;(C) identify different types of resistors and explain how their resistance values can be determined;(D) describe the operation and function of thermistors and cad cells;(E) test semiconductor components; and(F) identify the connectors on a personal computer.(8) The student learns the operation, testing, and adjustment of conventional and electronic thermostats as well as the operation of common electrical, electronic, and pneumatic circuits used to control HVAC systems. The student is expected to:(A) explain the function of a thermostat in an HVAC system;(B) describe different types of thermostats and explain how the thermostats are used;(C) demonstrate the correct installation and adjustment of a thermostat;(D) explain the principles applicable to all control systems;(E) identify the various types of electromechanical, electronic, and pneumatic HVAC controls and explain their function and operation;(F) describe a systematic approach for electrical troubleshooting of HVAC equipment and components;(G) recognize and use equipment manufacturers' troubleshooting aids to troubleshoot HVAC equipment;(H) demonstrate how to isolate electrical problems to faulty power distribution, load, or control circuits;(I) identify the service instruments needed to troubleshoot HVAC electrical equipment;(J) make electrical troubleshooting checks and measurements on circuits and components common to all HVAC equipment; and(K) isolate and correct malfunctions in a cooling system control circuit.(9) The student learns the tools, instruments, and techniques used in troubleshooting gas heating appliances, including how to isolate and correct faults. The student is expected to:(A) describe the operating sequence for gas heating equipment;(B) interpret control circuit diagrams for gas heating systems;(C) describe the operation of various types of burner ignition methods;(D) identify the tools and instruments used when troubleshooting gas heating systems;(E) demonstrate using the tools and instruments required for troubleshooting gas heating systems; and(F) isolate and correct malfunctions in gas heating systems.(10) The student learns the techniques and equipment used in troubleshooting cooling equipment and analyzing system temperatures and pressures in order to isolate faults. The student is expected to:(A) describe a systematic approach for troubleshooting cooling systems and components;(B) isolate problems to electrical and mechanical functions in cooling systems;(C) recognize and use equipment manufacturers' troubleshooting aids to troubleshoot cooling systems;(D) identify and use the service instruments needed to troubleshoot cooling systems;(E) troubleshoot selected problems in cooling equipment; and(F) state the safety precautions associated with cooling troubleshooting.(11) The student learns the principles of reverse-cycle heating, the operation of various types of heat pumps, and the mechanisms of heat pump control circuits and learns to install and service heat pumps. The student is expected to:(A) describe the principles of reverse-cycle heating;(B) identify heat pumps by type and general classification; (C) describe various types of geothermal water loops and their application;(D) list the components of heat pump systems;(E) describe the role and operation of electric heat in common heat pump systems;(F) describe common heat pump ratings such as coefficient of performance, heating season performance factor, and seasonal energy efficiency ratio;(G) demonstrate heat pump installation and service procedures;(H) identify and install refrigerant circuit accessories commonly associated with heat pumps;(I) analyze a heat pump control circuit; and(J) isolate and correct malfunctions in a heat pump.(12) The student selects the application and installation of various types of fasteners, gaskets, seals, and lubricants as well as the installation and adjustment of different types of belt drives, bearings, and couplings. The student is expected to:(A) identify, explain, and install threaded and non-threaded fasteners;(B) identify, remove, and install types of gaskets, packings, and seals;(C) identify types of lubricants and explain their uses;(D) use lubrication equipment to lubricate motor bearings; (E) identify the types of belt drives, explain their uses, and demonstrate procedures used to install or adjust them;(F) identify and explain types of couplings;(G) demonstrate procedures used to remove, install, and align couplings;(H) identify types of bearings and explain their uses;(I) explain causes of bearing failures;(J) demonstrate procedures used to remove and install bearings;(K) perform preventive maintenance inspection and cleaning procedures; and(L) list ways to develop and maintain good customer relations.(13) The student demonstrates how to lay out, fabricate, install, and join sheet metal ductwork. The student is expected to:(A) identify and describe the types of sheet metal;(B) define properties of steel and aluminum alloys;(C) describe a layout method and perform proper cutting;(D) join sheet metal duct sections using proper seams and connectors;(E) describe proper hanging and support methods for sheet metal ductwork;(F) describe thermal and acoustic insulation principles;(G) select, apply, and seal the proper insulation for sheet metal ductwork;(H) describe guidelines for installing components such as register, diffusers, grilles, dampers, access doors, and zoning accessories; and(I) install takeoffs and attach flexible duct to a sheet metal duct.(14) The student gains the knowledge and skills to lay out, fabricate, install, join, attach, and support fiberglass ductwork and fittings. The student is expected to:(A) identify types of fiberglass duct, including flexible duct;(B) describe fiberglass duct layout and some basic fabrication methods;(C) describe the various closure methods for sealing fiberglass duct;(D) fabricate selected duct modules and fittings using the appropriate tools;(E) describe hanging and support methods for fiberglass duct;(F) describe how to repair major and minor damage to fiberglass duct; and(G) install takeoffs and attach flexible duct to a fiberglass duct.</content><note type="source"><p>Source Note: The provisions of this §127.112 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.113"><num value="127.113">§127.113</num><heading>Plumbing Technology I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Architecture, Principles of Construction, or Construction Technology I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Plumbing Technology I, students will gain knowledge and skills needed to enter the industry as a plumbing apprentice, building maintenance technician, or supervisor or prepare for a postsecondary degree in construction management, architecture, or engineering. Students will acquire knowledge and skills in industry workplace basics and employer/customer expectations, including how to use a plumbing code book; how to identify and use power and hand tools; how to be safe on the jobsite and when using hand and power tools; how to apply basic plumbing mathematics and plumbing drawing; and how to identify, fit, and use plastic, copper, cast iron, carbon steel, and corrugated stainless steel pipe. In addition, students will be introduced to gas, drainage, and water supply systems and continue their knowledge of workplace basics and green technologies.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the causes of accidents and their consequences and repercussions in terms of delays, increased expenses, injury, and loss of life. The student is expected to:(A) describe the common unsafe acts and conditions that cause accidents;(B) describe how to handle unsafe acts and conditions;(C) explain the impact and cost of accidents and illnesses; (D) demonstrate the use and care of appropriate personal protective equipment;(E) identify job-site hazards specific to plumbers;(F) demonstrate the proper use of ladders;(G) explain how to work around a trench;(H) describe and demonstrate the lockout/tagout process; and(I) understand the purpose of material safety data sheets (MSDS) and their importance to job-site and personal safety.(2) The student understands and demonstrates what employer and customer expectations are and is familiar with industry workplace basics and their importance. The student is expected to:(A) identify job opportunities and their accompanying job duties such as a plumber, building maintenance technician or supervisor, manager, and mechanical engineer;(B) research careers along with the education, job skills, and experience required to achieve career goals;(C) identify the industries and associations that make up the modern plumbing profession;(D) demonstrate how to properly treat company and customer property;(E) understand the importance of keeping the work area clean and how that applies to job safety; and(F) understand the importance of using industry standards and techniques for the job.(3) The student understands and demonstrates what green technology is and how it relates to the plumbing profession and environment. The student is expected to:(A) identify different green plumbing fixtures;(B) identify different types of reuse plumbing systems; and(C) design and demonstrate a particular reuse water plumbing system.(4) The student selects and safely uses different types of hand and power tools related to a specific task. The student is expected to:(A) identify the hand and power tools used in the plumbing industry;(B) demonstrate the proper use of hand and power plumbing tools;(C) demonstrate the ability to know when and how to select the proper tools for tasks;(D) demonstrate proper maintenance and care for hand and power tools;(E) demonstrate how to prepare a surface for tool use;(F) describe the safety requirements for using plumbing tools; and(G) identify and demonstrate how to read and use various rulers and measuring tools.(5) The student applies mathematical concepts to whole numbers, fractions, decimals, and squared numbers and examines how these concepts apply to specific situations. The student is expected to:(A) add, subtract, multiply, and divide whole numbers, fractions, and decimals;(B) convert fractions to decimals and decimals to fractions; (C) demonstrate mathematical competency in the metric system and how the metric system is used in the plumbing industry;(D) square various numbers and determine the square roots of numbers with and without a calculator;(E) identify and demonstrate the parts of a plumbing fitting and use common pipe-measuring techniques;(F) use fitting dimensions tables to determine fitting allowances and thread makeup; and(G) demonstrate how to measure end-to-end, center-to-center, and end-to-center measurements using fitting allowances and thread makeup.(6) The student learns the various types of drawings used in the plumbing industry to lay out and install plumbing systems. The student is expected to:(A) use current architectural technology to identify pictorial, isometric and oblique, schematic, and orthographic drawings and discuss how different views are used to depict information about objects;(B) identify the basic symbols used in schematic drawings of pipe assemblies;(C) explain the types of drawings that may be included in a set of plumbing drawings and the relationship among the different drawings;(D) interpret plumbing-related information from a set of drawings;(E) demonstrate how to sketch orthographic drawings;(F) demonstrate the use of an architect's scale to draw lines to scale and to measure lines drawn to scale; and(G) explain how code requirements apply to certain drawings.(7) The student learns the types and schedules of plastic pipe and fittings used in plumbing applications, including acrylonitrile butadiene styrene or ABS, polyvinyl chloride or PVC, chlorinated polyvinyl chloride or CPVC, polyethylene or Poly pipe, crosslinked polyethylene or PEX, and polybutylene. The student is expected to:(A) identify types of materials and schedules of plastic piping;(B) identify proper and improper applications of plastic piping;(C) identify types of fittings and valves used with plastic fittings;(D) identify and determine the kinds of hangers and supports needed for plastic piping;(E) identify the various techniques used in hanging and supporting plastic piping;(F) demonstrate how to measure, cut, and join the different types of plastic piping;(G) explain proper procedures for the handling, storage, and protection of plastic pipes; and(H) explain how code requirements apply to different types of plastic pipe.(8) The student understands the applications of copper pipe and fittings, the types of valves that can be used on copper pipe systems, and the methods for cutting, reaming, joining, and installing copper tubing. The student is expected to:(A) identify the different types of copper tubing;(B) identify the material properties and storage and handling requirements of copper tubing;(C) identify the types of fittings and valves used with copper tubing;(D) identify the various techniques used in hanging and supporting copper tubing;(E) demonstrate, using industry standards, how to safely solder copper tubing using different heat sources;(F) demonstrate how to measure, ream, and cut copper piping;(G) identify the hazards and safety precautions associated with copper piping; and(H) explain how code requirements apply to copper tubing.(9) The student measures, cuts, threads, reams, joins, and hangs carbon steel pipe and becomes familiar with labeling and sizing carbon steel pipe. The student is expected to:(A) recognize proper applications of carbon steel piping;(B) identify the material properties, storage, and handling requirements of carbon steel piping;(C) identify the various techniques used in hanging and supporting carbon steel piping;(D) demonstrate how to measure, cut, ream, thread, and join carbon steel piping; and(E) explain how code requirements apply to carbon steel pipe.(10) The student gains knowledge and skills to connect and install corrugated stainless steel tubing in various installation conditions. The student is expected to:(A) identify the common manufacturers of corrugated stainless steel tubing;(B) recognize proper and improper applications of corrugated stainless steel tubing;(C) identify the various techniques used in hanging and supporting corrugated stainless steel tubing;(D) demonstrate how to measure, cut, and join corrugated stainless steel tubing;(E) identify the material properties, storage, and handling requirements of corrugated stainless steel tubing; and(F) explain how code requirements apply to corrugated stainless steel tubing.(11) The student understands the way drain, waste, and vent systems remove waste safely. The student understands how pipes, drains, traps, and vents work and the different types of materials used for drain waste and vent (DWV) piping. The student is expected to:(A) explain how waste moves from a fixture through the drain system to the public or private sewer system;(B) identify the major components of a drainage system and describe their functions;(C) identify the different types of traps and their components, explain the importance of traps, and identify the ways that traps can lose their seals;(D) identify the various types of drain, waste, and vent fittings and describe their applications;(E) identify significant code and health issues, violations, and consequences related to drain, waste, and vent systems;(F) identify DWV symbols and lines on an isometric drawing and a floor plan;(G) demonstrate how to draw an isometric DWV system to make a materials list;(H) recognize and explain the use of different pipe and fitting materials used for DWV piping and how they are assembled; and(I) understand how code requirements apply to DWV systems. (12) The student identifies major components of a municipal water system and how water is distributed to residential or commercial houses or buildings. The student is expected to:(A) describe and explain the earth's water cycle;(B) describes different water sources;(C) describe and show how water gets from the water well or water meter to the house or building; and(D) discuss and explain different types of valves and devices found in a residential or commercial water system.(13) The student identifies and draws hot and cold water lines on a floor plan using an isometric drawing. The student is expected to:(A) identify hot and cold water lines and their symbols on a floor plan;(B) demonstrate how to draw hot and cold water lines on a floor plan using an isometric drawing; and(C) demonstrate how to properly size a residential hot and cold water system.(14) The student describes and demonstrates the different types of valves and their uses. The student is expected to:(A) explain why and where open-close valves are used;(B) explain why and where flow regulation valves are used;(C) explain why and where pressure reducing valves are used; and(D) explain why and where pressure and vacuum relief valves are used.</content><note type="source"><p>Source Note: The provisions of this §127.113 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.114"><num value="127.114">§127.114</num><heading>Plumbing Technology II (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Plumbing Technology I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Plumbing Technology II, students will gain the advanced knowledge and skills needed to enter the industry as a plumber, building maintenance technician, or supervisor or prepare for a postsecondary degree in mechanical engineering. Students will acquire knowledge and skills in plumbing codes, industry workplace basics, and employer/customer expectations, including tool and jobsite safety, advanced plumbing mathematics, commercial drawings, basic electricity, hanger installation, supports and structural penetrations, roof drains, fixture installation, valves and faucets, and oxy-fuel safety. Students will also learn about setup, cutting, brazing and welding water system sizing; gas, drain, waste and vent installation and testing; and water heater installation. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies and demonstrates the use of hand and power tools such as pipe wrenches; rulers; measuring devices; drill bits; pipe stands; pipe vises; levels; pipe fabrication tools; and pipe cutting, threading, and reaming tools. The student is expected to:(A) demonstrate how to measure with a 6-foot folding rule and 25-foot measuring tape;(B) read and use rulers and measuring devices;(C) demonstrate how to measure end-to-end, center-to-center, and end-to-center pipe measurements; and(D) identify and safely demonstrate the use of selected hand and power tools.(2) The student understands different types of drill bits used in the plumbing profession. The student is expected to:(A) explain the differences among and applications for masonry, twist steel, hole saw, paddle, and self-feeding wood bits; and(B) demonstrate the use and application of masonry, twist steel, hole saw, paddle, and self- feeding wood bits.(3) The student applies algebra and geometry to solve plumbing-related problems. The student is expected to:(A) demonstrate how to determine the volume of a cylinder; (B) demonstrate how to determine volume and length measurements using cubic feet and yards;(C) demonstrate how to determine fall and grades of a pipe;(D) demonstrate how to calculate simple and rolling offsets on parallel runs using constants;(E) demonstrate how to calculate pressure, velocity, friction, and flow; and(F) size a water system based on velocity limitations and pressure drop.(4) The student reviews employer and customer expectations. The student is expected to:(A) identify job opportunities such as a plumber, building maintenance technician or supervisor, manager, and mechanical engineer and their accompanying job duties;(B) research careers along with the education, job skills, and experience required to achieve career goals;(C) identify the industries and associations that make up the modern plumbing profession;(D) demonstrate an understanding of how to properly treat company and customer property;(E) demonstrate an understanding of the importance of keeping the work area clean and how that applies to job safety; and(F) demonstrate an understanding of the importance of using proper methods and techniques for the job being performed.(5) The student understands and applies electrical testing equipment. The student is expected to:(A) apply the use of a volt/ohm meter to different kinds of plumbing equipment;(B) install hangers and supports and make penetrations according to plumbing code;(C) demonstrate an understanding of how to choose the right hanger for the application;(D) choose and build pipe supports;(E) demonstrate an understanding of code standards on structural penetrations; and(F) size and install roof drains according to plumbing code.(6) The student understands and applies how to install plumbing fixtures according to plumbing code. The student is expected to:(A) demonstrate how to install a toilet; and(B) demonstrate how to install sinks and different faucets.(7) The student learns plot plans, structural design, shop drawings, elevation drawings, as-built drawings, equipment arrangement drawings, pipe and instrumentation drawings, isometric drawings, and detail drawings. The student is expected to:(A) identify types of drawings;(B) identify and use drawing symbols associated with piping plans and details;(C) create field sketches; and(D) interpret drawing indexes and line lists.(8) The student installs, stores, and handles various types of valves. The student is expected to:(A) identify types of valves that start and stop flow;(B) identify types of valves that regulate flow;(C) identify valves that relieve pressure;(D) identify valves that regulate the direction of flow;(E) identify types of valve actuators;(F) explain how to properly store and handle valves;(G) explain valve locations and positions;(H) explain the factors that influence valve selection; and(I) interpret valve markings and nameplate information.(9) The student understands and applies how to braze weld and cut with oxy-fuel torch. The student is expected to:(A) demonstrate an understanding of different parts of oxy-fuel equipment;(B) identify and implement the proper procedure for attaching and adjusting oxy fuel pressure regulators, gauges, hoses, and torches to oxy fuel bottles;(C) identify and apply fillers and fluxes for soldering and brazing; and(D) demonstrate an understanding of safety and safety equipment used with oxy-fuel equipment.(10) The student understands and applies how to size, install, and test a residential water piping system according to plumbing code. The student is expected to:(A) identify what factors are critical for sizing a water system such as water pressure, velocity, friction, and flow;(B) identify what fixture units are and how they apply to sizing a water system;(C) install a water piping system; and(D) test a water piping system.(11) The student understands what cross connections are and their degree of hazard and how to protect against them. The student is expected to:(A) identify different types of backflow such as gravity, back-pressure, and back siphonage;(B) demonstrate an understanding of degree of hazard such as toxic, nontoxic, polluted, and contaminated; and(C) demonstrate an understanding of cross connection protection such as air gap, reduced pressure zone backflow preventer, double check valve assembly, pressure type vacuum breaker, and atmospheric type vacuum breaker.(12) The student understands and applies how to size, install, and test a natural gas system according to plumbing code. The student is expected to:(A) identify the factors involved in sizing a natural gas system; and(B) size, install, and test a natural gas system using carbon steel pipe and corrugated stainless steel tubing.(13) The student understands how to size, install, and test a drain waste and vent (DWV) system according to plumbing code. The student is expected to:(A) identify different types of DWV fittings and their use;(B) size a DWV system;(C) identify and apply different materials used for a DWV system;(D) determine slope of a pipe using formulas;(E) demonstrate an understanding of how to test a DWV system; and(F) demonstrate an understanding of the different parts and their purpose of a DWV system such as stacks, vents, traps, building drain, and building sewer.(14) The student understands different types of water heaters, water heaters parts, and their proper installation according to plumbing code. The student is expected to:(A) demonstrate an understanding of storage tank (electric and gas), point of use, on demand (electric and gas), and solar water heaters;(B) demonstrate an understanding of parts of the different heaters; and(C) demonstrate an understanding of the installation of a gas and electric water heater.</content><note type="source"><p>Source Note: The provisions of this §127.114 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.145"><num value="127.145">§127.145</num><heading>Practicum in Construction Management (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Construction Management II. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Practicum in Construction Management is an occupationally specific course designed to provide classroom technical instruction or on-the-job training experiences. Safety and career opportunities are included in addition to work ethics and job-related study in the classroom.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a management plan for a project or an activity. The student is expected to:(A) identify and describe the steps required to complete a project using project management processes, including initiating, planning, executing, monitoring and controlling, and closing a project;(B) determine and acquire the resources needed to complete a project; and(C) develop a project schedule.(2) The student applies the appropriate codes, laws, standards, or regulations related to a research and development project. The student is expected to:(A) identify areas where codes, laws, standards, or regulations may be required;(B) locate the appropriate codes, laws, standards, or regulations; and(C) interpret the appropriate codes, laws, standards, or regulations.(3) The student describes the intended and unintended effects of construction management solutions. The student is expected to:(A) use an assessment strategy to determine the risks and benefits of a research project; and(B) describe how construction management has affected individuals, societies, cultures, economies, and environments.(4) The student solves problems, thinks critically, and makes decisions related to research, design, and development. The student is expected to:(A) develop or improve a product by following a problem-solving strategy;(B) apply critical-thinking strategies to the analysis and evaluation of proposed technological solutions; and(C) apply decision-making techniques to the selection of technological solutions.(5) The student describes the costs associated with research and development activities. The student is expected to:(A) develop a budget for a research and development project; and(B) determine the most effective way to minimize project costs.(6) The student applies knowledge and skills in communication, mathematics, and science to construction management activities. The student is expected to:(A) write technical reports;(B) deliver technical presentations to groups of individuals; (C) apply the mathematical concepts used in projects; and(D) apply the science concepts used in projects.(7) The student predicts the marketability of a project, product, or service. The student is expected to:(A) determine the customer's expectations concerning a project, product, or service;(B) evaluate a project, product, or service to determine if it will meet the customer's expectations; and(C) assess customer responses.(8) The student uses advanced tools, materials, processes, and procedures in construction management. The student is expected to:(A) determine and use the appropriate technology needed to solve a problem or complete a task;(B) evaluate the use of technology in a given situation; and(C) describe the factors that influence the use of technology in a variety of situations.(9) The student designs a project using appropriate design processes and techniques. The student is expected to:(A) design an object or a service using an accepted design process;(B) develop drawings, illustrations, or models; and(C) establish design criteria and constraints.(10) The student predicts the impacts of emerging applications of construction technology. The student is expected to:(A) describe the emerging technologies in a field; and(B) identify the factors that may influence the adoption of emerging technologies.(11) The student improves the quality of a product or service using different quality-control techniques. The student is expected to:(A) define quality;(B) assess the quality of a specific product or service; and(C) determine how the quality of a product or service can be improved.(12) The student recommends new ways to build products using different tools, equipment, machines, materials, and technical processes. The student is expected to:(A) build products in a more efficient manner using a variety of tools, equipment, machines, materials, and processes; and(B) demonstrate advanced construction-management skills.(13) The student proposes safety devices required to complete different tasks. The student is expected to:(A) recommend improvements to safety standards; and(B) specify safety devices that allow for the safe completion of a task.(14) The student performs advanced equipment maintenance. The student is expected to:(A) maintain tools and materials correctly;(B) locate and perform manufacturers' maintenance procedures on selected tools, equipment, and machines; and(C) describe the results of negligent or improper maintenance. (15) The student suggests how the cost of a project, product, or service can be reduced. The student is expected to:(A) identify the factors that influence the cost of a project, product, or service; and(B) select materials or processes that will reduce the cost of producing the product or delivering the service.(16) The student applies knowledge and skills in mathematics, science, English language arts, and social studies as they relate to construction management. The student is expected to:(A) develop a school-based learning activity that provides an in-depth study of at least one aspect of construction management;(B) establish at least one industry-related mentor for the school-based learning activity;(C) present the product in at least two formats to a panel of students, teachers, and practitioners in construction management; and(D) deliver a final product that demonstrates the use of a variety of resources, technologies, and communication skills.(17) The student determines employment opportunities and preparation requirements for careers in the construction-management industries. The student is expected to:(A) determine preparation requirements for various levels of employment in a variety of careers in construction management;(B) analyze the future employment outlook of construction management;(C) describe entrepreneurial opportunities in construction management;(D) determine how interests, abilities, personal priorities, and family responsibilities affect career choice;(E) compare rewards and demands for various levels of employment in a variety of careers; and(F) determine continuing education opportunities that enhance career advancement.(18) The student demonstrates ethical and legal practices for careers in construction management. The student is expected to:(A) summarize the rights and responsibilities of employers and employees;(B) exhibit ethical practices as defined in construction management; and(C) analyze legal aspects of construction management.(19) The student selects the appropriate technological resources to conduct research, design, and development activities. The student is expected to:(A) apply technology to individual or community problems;(B) describe the factors that affect the purchase and use of items;(C) differentiate among research, design, and development; and(D) distinguish among adaptation, imitation, innovation, and invention.(20) The student designs or improves a product using appropriate design processes and techniques. The student is expected to:(A) develop or improve a product or service that meets a specified need;(B) identify how quality, reliability, and safety can be designed into a product;(C) describe the functions and methodologies used in basic and applied research; and(D) develop a project portfolio that documents a research and development project.</content><note type="source"><p>Source Note: The provisions of this §127.145 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.146"><num value="127.146">§127.146</num><heading>Extended Practicum in Construction Management (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Architecture and Construction Career Cluster. Prerequisite: Construction Management II. Corequisite: Practicum in Construction Management. This course must be taken concurrently with Practicum in Construction Management and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills. (c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment. (3) Extended Practicum in Construction Management is an occupationally specific course designed to provide classroom technical instruction or on-the-job training experiences. Safety and career opportunities are included in addition to work ethics and job-related study in the classroom. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) apply appropriate content knowledge, technical concepts, and vocabulary when analyzing information and following directions; (B) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(C) analyze, interpret, and effectively communicate information, data, and observations; (D) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(E) apply active listening skills to obtain and clarify information.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions; and(B) analyze elements of a problem to develop creative and innovative solutions.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; (B) demonstrate safe operation of tools and equipment;(C) describe and perform hazard analysis; (D) specify safety devices that allow for the safe completion of a task; and(E) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in construction management. The student is expected to: (A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; (C) exhibit ethical practices as defined in construction management; and (D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a construction management experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised construction management experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate advanced construction-management skills by building products in a more efficient manner using a variety of tools, equipment, machines, materials, and processes; (D) design or improve a product using appropriate design processes and techniques; (E) maintain tools and materials correctly;(F) design an object or a service using an accepted design process;(G) demonstrate growth of technical skill competencies;(H) evaluate strengths and weaknesses in technical skill proficiency; and(I) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.146 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.147"><num value="127.147">§127.147</num><heading>Practicum in Construction Technology (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Construction Technology II, Building Maintenance Technology II; Electrical Technology II; Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology II; Plumbing Technology I; or Mill and Cabinetmaking Technology. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Practicum in Construction Technology, students will be challenged with the application of knowledge and skills gained in previous construction-related coursework. In many cases students will be allowed to work at a job (paid or unpaid) outside of school or be involved in local projects the school has approved for this class.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a management plan for a project or an activity. The student is expected to:(A) identify and describe the steps required to complete a project using project management processes, including initiating, planning, executing, monitoring and controlling, and closing a project;(B) determine and acquire the resources needed to complete a project; and(C) develop a project schedule.(2) The student applies the appropriate codes, laws, standards, or regulations related to a research and development project. The student is expected to:(A) identify areas where codes, laws, standards, or regulations may be required;(B) locate the appropriate codes, laws, standards, or regulations; and(C) interpret and comply with the appropriate codes, laws, standards, or regulations.(3) The student describes the expectations for each project using a flowchart. The student is expected to:(A) use an assessment strategy to determine the task's needs;(B) describe why each task needs to be in the order it has been assigned;(C) assess the time frame for each task; and(D) plot a completed project flowchart expectation.(4) The student solves problems, thinks critically, and makes decisions related to research, design, and development. The student is expected to:(A) develop or improve the project by following a problem-solving strategy;(B) apply critical-thinking strategies to the analysis and evaluation of proposed technological solutions; and(C) apply decision-making techniques to the selection of technological solutions.(5) The student describes the costs associated with the project. The student is expected to:(A) develop a bill of materials list for the complete project;(B) develop a budget, including a cost list, for the complete project; and(C) determine the most effective way to minimize project costs.(6) The student applies communication, mathematics, and science knowledge and skills to the construction activities. The student is expected to:(A) write technical reports;(B) deliver technical presentations to the instructor;(C) identify and describe the mathematical concepts used in projects; and(D) identify and describe the science concepts used in projects.(7) The student uses advanced tools, materials, processes, and procedures in the construction project. The student is expected to:(A) determine and use the appropriate technology needed to solve a problem or complete a task;(B) evaluate the use of technology in a given situation; and(C) describe the factors that influence the use of technology in a variety of situations.</content><note type="source"><p>Source Note: The provisions of this §127.147 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.148"><num value="127.148">§127.148</num><heading>Extended Practicum in Construction Technology (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Architecture and Construction Career Cluster. Prerequisite: Construction Technology II, Building Maintenance Technology II; Electrical Technology II; Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology II; Plumbing Technology I; or Mill and Cabinetmaking Technology. Corequisite: Practicum in Construction Technology. This course must be taken concurrently with Practicum in Construction Technology and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) In Extended Practicum in Construction Technology, students will be challenged with the application of knowledge and skills gained in previous construction-related coursework. In many cases students will be allowed to work at a job (paid or unpaid) outside of school or be involved in local projects the school has approved for this class.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student implements advanced professional communications strategies. The student is expected to:(A) apply appropriate content knowledge, technical concepts, and vocabulary with increased fluency when analyzing information and following directions;(B) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(C) analyze, interpret, and effectively communicate information, data, and observations;(D) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(E) apply active listening skills to obtain and clarify information.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of a problem to develop creative and innovative solutions; and(C) develop or improve a project by following a problem-solving strategy;(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; and(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in construction technology. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; and(C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a construction technology experience. The student is expected to:(A) conduct, document, and evaluate learning activities in a supervised construction technology experience;(B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) develop a management plan for a project or an activity; (D) apply the appropriate codes, laws, standards, or regulations related to a research and development project;(E) develop a flowchart to plan a project;(F) determine and use the appropriate technology to solve a problem or complete a task;(G) demonstrate growth of technical skill competencies;(H) evaluate strengths and weaknesses in technical skill proficiency; and(I) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.148 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.149"><num value="127.149">§127.149</num><heading>Practicum in Masonry Technology (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Masonry Technology II. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Practicum in Masonry Technology is an occupationally specific course designed to provide classroom technical instruction or work-based learning experiences. Instruction may be delivered through laboratory training or through career preparation delivery arrangements. Safety and career opportunities are included, in addition to work ethics and job-related study in the classroom. Trade and industrial education provides the knowledge, skills, and technologies required for employment in masonry construction. Students will develop knowledge of the concepts and skills related to this trade in order to apply them to personal/career development. Trade and industrial education depends on and supports integration of academic, career, and technical knowledge and skills. To prepare for success, students must have opportunities to reinforce, apply, and transfer their knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills prepare students for success. For safety and liability considerations, including power tools usage during training, limiting course enrollment to 15 students is recommended.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates trowel proficiency. The student is expected to:(A) demonstrate proficiency spreading mortar;(B) demonstrate proficiency spreading mortar at various heights;(C) demonstrate proficiency spreading mortar on different types and sizes of brick;(D) demonstrate proficiency spreading mortar on different types and sizes of concrete masonry units (CMU); and(E) demonstrate proficiency buttering masonry units laid in different positions in a masonry wall.(2) The student constructs single wythe brick walls with level. The student is expected to:(A) build a brick lead with a level;(B) build a brick wall with a level;(C) build an outside corner with a level;(D) build an inside corner with a level; and(E) build a double wythe brick wall with a level.(3) The student constructs a brick wall demonstrating different brick positions in a wall. The student is expected to:(A) lay a stretcher in a masonry wall;(B) lay a header in a masonry wall;(C) lay a rowlock in a masonry wall;(D) lay a sailor in a masonry wall;(E) lay a soldier in a masonry wall; and(F) lay a shiner (rowlock stretcher) in a masonry wall.(4) The student builds a brick column. The student is expected to:(A) construct a four-brick column with a level;(B) construct a six-brick column with a level;(C) construct an eight-brick column with a level; and(D) construct a ten-brick column with a level.(5) The student lays CMU. The student is expected to:(A) build a block CMU lead with a level;(B) build a block CMU wall with a level; and(C) build a block CMU corner with a level.(6) The student builds a block CMU column. The student is expected to:(A) build a four-block column of 8-inch block CMU;(B) build a six-block column of 8-inch block CMU;(C) build a ten-block column of 8-inch block CMU;(D) build a four-block column of 4-inch CMU; and(E) build a four-block column of 6-inch CMU.(7) The student constructs a composite masonry wall of brick and block. The student is expected to:(A) build a composite wall of brick and 8-inch block CMU; and(B) build a composite wall of brick and 4-inch block CMU.(8) The student installs coping on a masonry wall. The student is expected to:(A) lay single brick rowlock coping on a masonry wall;(B) lay double brick rowlock coping on a masonry wall;(C) lay 12-inch bonded brick rowlock coping on a masonry wall;(D) lay 16-inch bonded brick rowlock coping on a masonry wall;(E) install limestone coping on a masonry wall;(F) install cast stone coping on a masonry wall; and(G) install prefab concrete coping on a masonry wall.(9) The student constructs a natural stone wall. The student is expected to:(A) set natural stone in a random pattern in a masonry wall;(B) set natural stone in an ashlar pattern in a masonry wall; and(C) install flat work of natural stone in a random pattern.(10) The student installs manufactured stone. The student is expected to:(A) install manufactured stone on a wall in a random pattern; and(B) install manufactured stone on a wall in an ashlar pattern.(11) The student lays brick to a line. The student is expected to:(A) lay modular brick to a line;(B) lay king-size brick to a line;(C) lay queen-size brick to a line; and(D) lay utility brick to a line.(12) The student lays CMU to a line. The student is expected to:(A) lay 8-inch block CMU to a line;(B) lay 4-inch block CMU to a line;(C) lay 6-inch block CMU to a line; and(D) lay 12-inch block CMU to a line.</content><note type="source"><p>Source Note: The provisions of this §127.149 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.150"><num value="127.150">§127.150</num><heading>Extended Practicum in Masonry Technology (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Architecture and Construction Career Cluster. Prerequisite: Masonry Technology II. Corequisite: Practicum in Masonry Technology. This course must be taken concurrently with Practicum in Masonry Technology and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills. (c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment. (3) Extended Practicum in Masonry Technology is an occupationally specific course designed to provide classroom technical instruction or work-based learning experiences. Instruction may be delivered through laboratory training or through career preparation delivery arrangements. Safety and career opportunities are included, in addition to work ethics and job-related study in the classroom. Trade and industrial education provides the knowledge, skills, and technologies required for employment in masonry construction. Students will develop knowledge of the concepts and skills related to this trade in order to apply them to personal/career development. Trade and industrial education depends on and supports integration of academic, career, and technical knowledge and skills. To prepare for success, students must have opportunities to reinforce, apply, and transfer their knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills prepare students for success. For safety and liability considerations, including power tools usage during training, limiting course enrollment to 15 students is recommended. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(C) apply active listening skills to obtain and clarify information.(2) The student applies concepts of critical thinking and problem solving. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; and(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in masonry technology. The student is expected to: (A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; and (C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a masonry technology experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised masonry technology experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate proficiency spreading mortar; (D) construct single wythe brick walls with level; (E) construct a brick wall demonstrating different brick positions in a wall; (F) build a brick column with advanced proficiency;(G) lay concrete masonry unit (CMU) with advanced proficiency; (H) build a block CMU column with advanced proficiency;(I) construct a composite masonry wall of brick and block;(J) install coping on a masonry wall with advanced proficiency;(K) construct a natural stone wall with advanced proficiency; (L) install manufactured stone with advanced proficiency;(M) lay brick and CMU to a line with advanced proficiency; (N) demonstrate growth of technical skill competencies;(O) evaluate strengths and weaknesses in technical skill proficiency; and(P) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.150 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.151"><num value="127.151">§127.151</num><heading>Practicum in Architectural Design (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Architectural Design II. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Practicum in Architectural Design is an occupationally specific course designed to provide technical instruction in architectural design. Safety and career opportunities are included in addition to work ethics and architectural design study.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student relates communication, mathematics, and science to the requirements of the student's chosen field. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures, including fellow workers, managers, and customers;(B) apply mathematics principles and practices;(C) apply and identify scientific principles used in projects; and(D) read and interpret appropriate schematics, charts, graphs, drawings, construction documents, directions, manuals, bulletins, and regulations.(2) The student knows the function and application of the tools, equipment, technologies, and materials used in the student's chosen field. The student is expected to:(A) identify and select basic materials and processes used in the student's chosen field;(B) use the tools and equipment commonly employed in the student's chosen field in a safe manner;(C) handle and dispose of environmentally hazardous materials used in the student's chosen field in a proper manner; and(D) demonstrate knowledge of new and emerging technologies in the student's chosen field.(3) The student selects and uses multimedia communication and rendering technology to meet specific architectural design needs. The student is expected to:(A) apply multimedia communication and rendering technology to individual or community problems;(B) describe the factors that affect the use and interpretation of communication products; and(C) identify and describe the roles of communication such as informing, persuading, and educating.(4) The student designs multimedia communication and rendering products using appropriate architectural design processes and techniques. The student is expected to:(A) develop or improve communication products that meet specified needs; and(B) maintain a project portfolio that documents architectural projects using a variety of multimedia techniques.(5) The student produces multimedia communication and rendering products using the appropriate tools, equipment, machines, materials, and processes. The student is expected to:(A) use a variety of tools, equipment, and machines; and(B) produce an architectural project using multimedia communication techniques.(6) The student follows appropriate codes, laws, standards, or regulations. The student is expected to:(A) identify areas where codes, laws, standards, or regulations may be required;(B) locate the appropriate codes, laws, standards, or regulations; and(C) comply with the appropriate codes, laws, standards, or regulations.(7) The student demonstrates the ability to solve problems, think critically, and make decisions. The student is expected to:(A) develop or improve a product by following a problem-solving strategy;(B) apply critical-thinking strategies to the analysis and evaluation of proposed technological solutions; and(C) apply decision-making techniques.(8) The student applies communication, mathematics, and science knowledge and skills to job-related activities. The student is expected to:(A) apply written, verbal, and visual communication techniques consistent with industry standards;(B) use mathematics concepts in communication technology; and(C) identify and apply scientific principles.(9) The student determines employment opportunities and preparation requirements for careers in the field of architecture. The student is expected to:(A) determine preparation requirements for various levels of employment in a variety of careers;(B) analyze the future employment outlook;(C) describe entrepreneurial opportunities in architecture and related fields;(D) determine how interests, abilities, personal priorities, and family responsibilities affect career choice;(E) compare rewards and demands for various levels of employment in a variety of careers; and(F) determine continuing education opportunities that enhance career advancement and promote lifelong learning.(10) The student demonstrates ethical and legal practices for careers in the architectural-related workplace. The student is expected to:(A) summarize the rights and responsibilities of employers and employees;(B) exhibit ethical practices as defined by the architectural industry;(C) analyze legal aspects of the architectural-related workplace;(D) develop a school-based learning activity in collaboration with the teacher and at least one related mentor that provides an in-depth study of at least one aspect of a selected business, industry, and labor independent study;(E) present the project in at least two formats such as model, graphic, verbal, or written to a panel of students, teachers, and practitioners in the career concentration;(F) maintain a project portfolio that documents experience by using graphic or written documentation of architectural-related projects; and(G) develop and update a professional resume that includes appropriate education history, work history, professional references, letters of recommendation, and all relevant information for any licenses, certifications, and credentials.</content><note type="source"><p>Source Note: The provisions of this §127.151 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.152"><num value="127.152">§127.152</num><heading>Extended Practicum in Architectural Design (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Architecture and Construction Career Cluster. Prerequisite: Architectural Design II. Corequisite: Practicum in Architectural Design. This course must be taken concurrently with Practicum in Architectural Design and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment. (3) Extended Practicum in Architectural Design is an occupationally specific course designed to provide technical instruction in architectural design. Safety and career opportunities are included in addition to work ethics and architectural design study. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student applies professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) apply active listening skills to obtain and clarify information; (C) create and deliver formal and informal presentations effectively; (D) analyze, interpret, and effectively communicate information, data, and observations; and(E) observe and interpret verbal and nonverbal cues and behaviors to enhance communication.(2) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of problems to develop creative and innovative solutions;(C) apply decision-making techniques with increased fluency to the selection of technological solutions; (D) develop or improve a product by following a problem-solving strategy; (E) apply critical-thinking strategies to the analysis and evaluation of proposed technological solutions; and (F) conduct technical research to gather information necessary for decision making.(3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; (B) handle and dispose of environmentally hazardous materials used in the student's chosen field in a proper manner; and(C) demonstrate use of tools and equipment commonly employed in the architectural design field in a safe manner.(4) The student understands the professional, ethical, and legal responsibilities in architectural design. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; (C) exhibit ethical practices as defined by the architectural industry; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a supervised architectural design experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised architectural design experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) read and interpret appropriate schematics, charts, graphs, drawings, construction documents, directions, manuals, bulletins, and regulations;(D) design multimedia communication and rendering products using appropriate architectural design processes and techniques;(E) produce multimedia communication and rendering products using the appropriate tools, equipment, machines, and materials; (F) evaluate strengths and weaknesses in technical skill proficiency; and(G) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.152 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.153"><num value="127.153">§127.153</num><heading>Practicum in Interior Design (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Interior Design II. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment.(3) Practicum in Interior Design is an occupationally specific course designed to provide job-specific skills through laboratory training, job shadowing, or work situations in areas compatible with identified career goals in interior design. In addition, students will be expected to develop knowledge and skills related to housing, furnishings, and equipment construction or equipment management and services.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student determines the use of elements and principles of design in residential and nonresidential environments and furnishings. The student is expected to:(A) differentiate between the elements and principles of design;(B) exhibit how the elements of design can create various effects;(C) apply elements and principles of design for coordinating furnishings; and(D) analyze societal and cultural influences on the design of residential and nonresidential environments and their furnishings. (2) The student analyzes the workmanship, characteristics, use, and care of materials used in the design and construction of residential and nonresidential furnishings and equipment. The student is expected to:(A) analyze characteristics of materials and workmanship in relationship to durability and use;(B) identify characteristics of materials and workmanship in relationship to appearance, performance, use, and care of furnishings; (C) explain labeling requirements and appropriate procedures for the care of various furnishings;(D) interpret information provided in equipment use and care manuals; and(E) demonstrate procedures for the care and maintenance of different types of furnishings and equipment.(3) The student determines treatments and accessories suitable for residential and nonresidential applications. The student is expected to:(A) analyze products to determine the appropriate style of design;(B) determine appropriate use of accessories, lighting, materials, and space in various environments, including environments designed to meet special needs;(C) describe trends in materials, including eco-friendly and sustainable materials, accessories, lighting, and use of space;(D) illustrate appropriate window treatments for specific windows;(E) evaluate cost considerations and budgets in accessorizing for various settings;(F) describe characteristics, use, and care of wall treatments; and(G) identify characteristics of types of flooring in relationship to design and construction.(4) The student assesses factors influencing the selection of furniture and equipment for residential and nonresidential applications. The student is expected to:(A) describe furniture and equipment used in residential and nonresidential applications;(B) compare furniture and equipment needs of families in different stages of the life cycle;(C) evaluate economic considerations when selecting furniture and equipment;(D) arrange furniture and equipment to accommodate floor plans to meet needs and wants;(E) describe considerations for selecting furniture and equipment to accommodate persons with special needs; and(F) research trends and technology related to furnishings and equipment.(5) The student applies safety and sanitation practices. The student is expected to:(A) apply safety rules in performing various workplace procedures according to industry standards;(B) identify potential hazards;(C) promote prevention practices;(D) summarize laws pertaining to safety and sanitation practices;(E) demonstrate appropriate responses to emergency situations; and(F) determine workplace procedures that protect the environment.(6) The student determines appropriate use and care of tools and equipment used in construction of furnishings. The student is expected to:(A) identify tools and equipment used in construction of furnishings;(B) demonstrate safe and skillful tool care and use; and(C) describe the impact of technology on tools, equipment, and construction.(7) The student demonstrates skills in selected product design and construction. The student is expected to:(A) evaluate characteristics of good workmanship in furnishings products;(B) apply knowledge of design application, selection, and construction to complete furnishings projects; and(C) analyze uses of technology in furnishings, design, and construction.(8) The student identifies types of business promotion practices and their benefit to the housing and furnishings retailer. The student is expected to:(A) discuss business promotion objectives in the retail housing and furnishings industry;(B) analyze techniques using sales promotion, advertising, and displays;(C) describe the use of technology and other forms of advertising media in housing and furnishings business promotions;(D) analyze how business promotion reflects the environment in which a person lives; and(E) predict how societal trends and changing demographics influence housing and furnishings business promotions.(9) The student evaluates customer relations as a tool for successful business operations. The student is expected to:(A) analyze the importance of good customer relations in building and maintaining a business;(B) demonstrate techniques for maintaining good client relationships; and(C) describe conflict-resolution techniques when dealing with customer complaints.(10) The student exhibits employability skills that lead to job success in the housing, furnishings, and equipment industries. The student is expected to:(A) demonstrate effective verbal, nonverbal, written, and electronic communication skills;(B) demonstrate effective methods to secure, maintain, and terminate employment;(C) demonstrate positive interpersonal skills, including conflict resolution, negotiation, teamwork, and leadership;(D) evaluate the relationship of good physical and mental health to job success and achievement;(E) demonstrate appropriate grooming and appearance for the workplace;(F) demonstrate appropriate business and personal etiquette in the workplace;(G) exhibit productive work habits and attitudes; and(H) maintain a project portfolio that documents interior design projects using a variety of multimedia techniques with a professional resume.(11) The student determines employment opportunities and preparation requirements for careers in the housing, furnishings, and equipment industries. The student is expected to:(A) determine preparation requirements for various levels of employment in a variety of careers in the housing, furnishings, and equipment industries;(B) analyze the future employment outlook in the housing, furnishings, and equipment industries;(C) describe entrepreneurial opportunities in the housing, furnishings, and equipment industries;(D) determine how interests, abilities, personal priorities, and family responsibilities affect career choice;(E) analyze rewards and demands for various levels of employment in a variety of careers; and(F) research continuing education opportunities that enhance career advancement and promote lifelong learning.(12) The student demonstrates ethical and legal practices for careers in the housing, furnishings, and equipment industries. The student is expected to:(A) research and summarize the rights and responsibilities of employers and employees;(B) exhibit ethical practices as defined by the housing, furnishings, and equipment industries; and(C) analyze legal aspects of the housing, furnishings, and equipment industries.</content><note type="source"><p>Source Note: The provisions of this §127.153 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scD/s127.154"><num value="127.154">§127.154</num><heading>Extended Practicum in Interior Design (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Architecture and Construction Career Cluster. Prerequisite: Interior Design II. Corequisite: Practicum in Interior Design. This course must be taken concurrently with Practicum in Interior Design and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Architecture and Construction Career Cluster focuses on designing, planning, managing, building, and maintaining the built environment. (3) Extended Practicum in Interior Design is an occupationally specific course designed to provide job-specific skills through laboratory training, job shadowing, or work situations in areas compatible with identified career goals in interior design. In addition, students will be expected to develop knowledge and skills related to housing, furnishings, and equipment construction or equipment management and services. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student applies professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) apply active listening skills to obtain and clarify information; (C) create and deliver formal and informal presentations effectively; (D) analyze, interpret, and effectively communicate information, data, and observations; and(E) observe and interpret verbal and nonverbal cues and behaviors to enhance communication.(2) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of problems to develop creative and innovative solutions; and(C) conduct technical research to gather information necessary for decision making.(3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; (B) apply safety rules in performing various workplace procedures according to industry standards; and(C) demonstrate safe and skillful tool care and use.(4) The student understands the professional, ethical, and legal responsibilities in interior design. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; (C) exhibit ethical practices as defined by the housing, furnishings, and equipment industries and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a supervised interior design experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised interior design experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) apply elements and principles of design for coordinating furnishings with advanced proficiency;(D) identify characteristics of materials and workmanship in relationship to appearance, performance, use, and care of furnishings; (E) demonstrate advanced procedures for the care and maintenance of different types of furnishings and equipment;(F) determine appropriate use of accessories, lighting, materials, and space in various environments;(G) arrange furniture and equipment to accommodate floor plans to meet needs and wants; (H) apply knowledge of design application, selection, and construction to complete furnishings projects; (I) evaluate strengths and weaknesses in technical skill proficiency; and(J) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.154 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scE"><num value="E">SUBCHAPTER E</num><heading>ARTS, AUDIO VISUAL TECHNOLOGY, AND COMMUNICATIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.160"><num value="127.160">§127.160</num><heading>Principles of Arts, Audio/Video Technology, and Communications (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 9. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.(3) Careers in the Arts, Audio Visual Technology, and Communications Career Cluster require a creative aptitude, a strong background in computer and technology applications, a strong academic foundation, and a proficiency in oral and written communication. Within this context, students will be expected to develop an understanding of the various and multifaceted career opportunities in this cluster and the knowledge, skills, and educational requirements for those opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies English language arts in Arts, Audio/Video Technology, and Communications projects. The student is expected to:(A) demonstrate use of content, technical concepts, and vocabulary;(B) use correct grammar, punctuation, and terminology to write and edit documents;(C) identify assumptions, purpose, and propaganda techniques; (D) compose and edit copy for a variety of written documents;(E) evaluate oral and written information; and(F) research topics for the preparation of oral and written communication.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) develop and interpret tables, charts, and figures to support written and oral communications;(G) listen to and speak with diverse individuals; and(H) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student uses technology applications when completing Arts, Audio/Video Technology, and Communications projects and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for Arts, Audio/Video Technology, and Communications projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student understands arts, audio/video technology, and communications systems. The student is expected to:(A) describe the nature and types of businesses in arts, audio/video technology, and communications;(B) analyze and summarize the history and evolution of the arts, audio/video technology, and communications fields of study;(C) analyze the arts, audio/video technology, and communications economic base; and(D) analyze and summarize evidence of interdependence between the technical and the artistic sides of arts, audio/video technology, and communications.(6) The student understands principles of audio/video production. The student is expected to:(A) apply knowledge of audio and video script production;(B) discuss the impact of audio and video selection on human emotion;(C) demonstrate the use of audio and video for a three-screen environment, including cell phones, television monitors, and computer screens;(D) demonstrate various videography techniques, including picture composition, video composition, audio composition, editing, and delivery;(E) understand the differences between linear and nonlinear systems; and(F) demonstrate knowledge of control peripherals for capturing or ingesting media.(7) The student understands principles of fashion design that impact consumer purchasing of fashion and apparel accessories. The student is expected to:(A) describe social, cultural, and life cycle influences;(B) explain how fashion trends are determined; and(C) analyze the influence of advertising on consumer apparel choices.(8) The student understands principles of video game design. The student is expected to:(A) demonstrate knowledge and appropriate use of computer operating systems;(B) demonstrate appropriate use of hardware components, software programs, and storage devices;(C) demonstrate knowledge of sound editing;(D) demonstrate knowledge of file formats and cross-platform compatibility;(E) acquire and exchange information in a variety of electronic file sharing formats; and(F) combine graphics, images, and sound.(9) The student understands principles of graphic design and illustration. The student is expected to:(A) research the history of visual arts and design;(B) explain the evolution of art and design;(C) compare current visual arts technologies with historical technologies;(D) understand general characteristics in artwork from a variety of cultures; and(E) analyze and apply art elements and principles in photographic works, multimedia applications, and digital and print media.(10) The student understands principles of commercial photography. The student is expected to:(A) demonstrate knowledge of photographic composition and layout; and(B) evaluate photographs using principles of art, commercial photography standards, and critical-thinking skills.(11) The student understands principles, elements, and techniques of animation. The student is expected to:(A) describe and use audience identification, script writing, character design, storyboarding, and audio and delivery formats; (B) describe and use cell, stop motion, tweening, motion paths, masking, looping, scripting/programming, and interactivity;(C) describe lighting and camera shots; and(D) describe and use flip books, claymation, or cut-outs;(12) The student understands principles of printing and imaging. The student is expected to:(A) identify processes required for the production of various printed products;(B) identify basic design elements such as text, graphics, and white space; and(C) demonstrate basic knowledge of color theory.(13) The student applies safety regulations. The student is expected to:(A) implement personal and classroom safety rules and regulations; and(B) follow emergency procedures as needed.(14) The student identifies and develops leadership characteristics. The student is expected to:(A) identify leadership characteristics; and(B) participate in student leadership and professional development activities.(15) The student applies ethical decision making and understands and complies with laws regarding use of technology in arts, audio/video technology, and communications. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and giving proper credit for ideas;(B) examine the First Amendment, Federal Communications Commission regulations, Freedom of Information Act, liability laws, and other regulations for compliance issues;(C) examine the liabilities, copyright laws, fair use, and duplication of materials associated with productions and performances; (D) analyze the impact of arts, audio/video technology, and communications industries on society;(E) demonstrate an understanding of proper digital etiquette, personal security guidelines, use of network resources, and the district's acceptable use policy for technology; and(F) identify and demonstrate positive personal qualities such as flexibility, open-mindedness, initiative, listening attentively to speakers, willingness to learn new knowledge and skills, and pride in quality work.(16) The student understands communications strategies as they relate to arts, audio/video technology, and communications. The student is expected to:(A) adapt the language and design of a project for audience, purpose, situation, and intent;(B) organize oral, written, and graphic information into formal and informal projects;(C) interpret and communicate information for multiple audiences; and(D) collaborate to create original projects, including seeking and responding to advice from others such as peers or experts in the creation and evaluation process.(17) The student uses a variety of strategies to plan, obtain, evaluate, and use valid information. The student is expected to:(A) obtain print and digital information such as graphics, audio, and video from a variety of resources while citing the sources;(B) evaluate information for accuracy and validity; and(C) present accurate information using techniques appropriate for the intended audience.(18) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(19) The student develops a basic understanding of arts, audio/video technology, and communications. The student is expected to:(A) research the scope of career opportunities;(B) develop an understanding of the elements and principles of art;(C) develop an understanding of the industry by explaining the history and evolution of the arts, audio/video technology, and communications career fields and defining and using related terminology;(D) evaluate works of art using critical-thinking skills;(E) determine the use of art elements such as color, texture, form, line, and space; and(F) determine the use of principles of design such as continuity, pattern, rhythm, balance, proportion, and unity in products.(20) The student makes informed judgments about product designs and the designs of others. The student is expected to:(A) interpret, evaluate, and justify artistic decisions; and(B) select and analyze original product designs by peers and others to form precise conclusions about formal qualities and historical and cultural contexts, intents, and meanings.</content><note type="source"><p>Source Note: The provisions of this §127.160 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.161"><num value="127.161">§127.161</num><heading>Animation I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Art I or Principles of Art, Audio/Video Technology, and Communications. Recommended corequisite: Animation I Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in animation span all aspects of motion graphics. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the history and techniques of the animation industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in animation projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student understands professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and employs problem-solving methods and conflict-management skills. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, and presentation applications for animation projects.(5) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(6) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) demonstrate leadership skills independently and in a group setting;(B) conduct and participate in groups; and(C) model mentoring skills.(7) The student applies ethical decision making and understands and complies with laws regarding use of technology in animation. The student is expected to:(A) exhibit ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and giving proper credit for ideas;(B) discuss and apply copyright laws;(C) model respect of intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) analyze the impact of the animation industry on society.(8) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(9) The student develops an understanding of animation technology. The student is expected to:(A) demonstrate appropriate use of hardware components, software programs, and storage devices;(B) demonstrate knowledge of sound editing;(C) demonstrate knowledge of file formats and cross-platform compatibility; and(D) acquire and exchange information in a variety of electronic file sharing formats.(10) The student evaluates visual information. The student is expected to:(A) recognize the use of principles and elements of design; and(B) recognize the use of typography.(11) The student uses an appropriate design process to create and modify solutions to problems. The student is expected to:(A) combine graphics, images, and sound;(B) apply principles of design;(C) develop and reference technical documentation; and(D) edit products.(12) The student creates animation projects. The student is expected to:(A) use a variety of techniques and software programs; and(B) publish and deliver products using a variety of media.(13) The student researches the history and evolution of animation. The student is expected to:(A) explain the history of animation;(B) describe how changing technology is affecting the industry;(C) analyze the use of symbols in the animation of diverse cultures;(D) compare current animation technologies with historical technologies;(E) compare various styles of animation; and(F) explore emerging and innovative animation technologies and software.(14) The student understands and applies animation principles, elements, and techniques. The student is expected to:(A) describe and use audience identification, script writing, character design, storyboarding, and audio and delivery formats; (B) describe and use cells, stop motion, tweening, motion paths, masking, looping, scripting/programming, and interactivity; (C) describe lighting and camera shots;(D) describe and use flip books, claymation, or cut-outs;(E) render; and(F) describe and use postproduction processes such as editing and creating titles, credits, and special effects.(15) The student presents oral or written evaluations of animation projects. The student is expected to:(A) identify the intended audience;(B) describe aesthetics;(C) explain the storyline;(D) summarize subject matter; and(E) discuss the use of sound.</content><note type="source"><p>Source Note: The provisions of this §127.161 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.162"><num value="127.162">§127.162</num><heading>Animation I Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Art I and Principles of Arts, Audio/Video Technology, and Communications. Corequisite: Animation I. This course must be taken concurrently with Animation I and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Animation I to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in animation span all aspects of motion graphics. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the history and techniques of the animation industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and participate in training, education, or certification for employment;(B) identify and demonstrate positive work behaviors and personal qualities needed to be employable;(C) demonstrate skills related to seeking and applying for employment;(D) create a career portfolio to document information such as work experiences, licenses, certifications, and work samples;(E) demonstrate skills in evaluating and comparing employment opportunities; and(F) examine employment opportunities in entrepreneurship.(2) The student applies academic knowledge and skills in animation projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, and fractions and knowledge of arithmetic operations.(3) The student understands professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(4) The student understands and employs problem-solving methods and conflict-management skills. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, and presentation applications for animation projects.(6) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) demonstrate leadership skills independently and in a group setting;(B) conduct and participate in groups; and(C) model mentoring skills.(8) The student applies ethical decision making and understands and complies with laws regarding use of technology in animation. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and giving proper credit for ideas;(B) discuss and apply copyright laws;(C) model respect of intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) analyze the impact of the animation industry on society.(9) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student develops an understanding of animation technology. The student is expected to:(A) demonstrate appropriate use of hardware components, software programs, and storage devices;(B) demonstrate knowledge of sound editing;(C) demonstrate knowledge of file formats and cross-platform compatibility; and(D) acquire and exchange information in a variety of electronic file sharing formats.(11) The student evaluates visual information. The student is expected to:(A) recognize the use of principles and elements of design; and(B) recognize the use of typography.(12) The student uses an appropriate design process to create and modify solutions to problems. The student is expected to:(A) combine graphics, images, and sound;(B) apply principles of design;(C) develop and reference technical documentation; and(D) edit products.(13) The student creates animation projects. The student is expected to:(A) use a variety of techniques and software programs; and(B) publish and deliver the product using a variety of media.(14) The student researches the history and evolution of animation. The student is expected to:(A) explain the history of animation;(B) describe how evolving technology is affecting the industry;(C) analyze the use of symbols in the animation of diverse cultures;(D) compare current animation technologies with historical technologies;(E) compare various styles of animation; and(F) explore emerging and innovative animation technologies and software.(15) The student understands and applies animation principles, elements, and techniques. The student is expected to:(A) describe and use audience identification, script writing, character design, storyboarding, and audio and delivery formats; (B) describe and use cells, stop motion, tweening, motion paths, masking, looping, scripting/programming, and interactivity; (C) describe lighting and camera shots;(D) describe and use flip books, claymation, or cut-outs;(E) render; and(F) describe and use postproduction processes such as editing and creating titles, credits, and special effects.(16) The student presents oral or written evaluations of animation projects. The student is expected to:(A) identify the intended audience;(B) describe aesthetics;(C) explain the storyline;(D) summarize subject matter; and(E) discuss the use of sound.</content><note type="source"><p>Source Note: The provisions of this §127.162 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.163"><num value="127.163">§127.163</num><heading>Animation II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Animation I. Recommended corequisite: Animation II Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in animation span all aspects of motion graphics. Within this context, in addition to developing advanced knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to create two- and three-dimensional animations. The instruction also assists students seeking careers in the animation industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in animation projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and employs problem-solving methods and conflict-management skills. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, and presentation applications for animation projects.(5) The student understands animation systems. The student is expected to analyze and summarize the history and evolution of the animation field.(6) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (C) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(D) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time, producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(E) employ mentoring skills to inspire and teach others.(8) The student applies ethical decision making and complies with laws regarding use of technology in animation. The student is expected to:(A) exhibit ethical conduct;(B) apply copyright laws;(C) model respect for intellectual property; and(D) demonstrate proper etiquette and knowledge of acceptable use policies.(9) The student applies advanced technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student develops an advanced technical understanding of animation. The student is expected to:(A) operate communication systems to prepare and conduct verbal and visual communication;(B) use production elements such as transitions, edits, framing, angle, and lighting techniques;(C) use orthographic and isometric drawing techniques; and(D) demonstrate familiarity with commercial production applications.(11) The student demonstrates animation principles and elements. The student is expected to:(A) apply animation principles such as arcs, timing, and exaggeration; and(B) identify animation elements such as cycles, layers, transitions, and transparency.(12) The student applies the elements and principles of art to animation projects. The student is expected to:(A) identify animation design elements such as line, color, shape, and texture;(B) explain the use of additive color theory; and(C) compare various styles of animation.(13) The student applies pre-production processes. The student is expected to:(A) analyze target audience to identify needs and wants;(B) write and edit scripts;(C) create storyboards; and(D) select aspect ratio and frame rate appropriate to delivery method.(14) The student applies production processes. The student is expected to:(A) design color and compositional elements;(B) design characters, environments, and props;(C) model characters, environments, and props;(D) light sets or animating lights as needed;(E) develop rigs for animating characters;(F) assemble particle systems for visual effects such as rain, snow, and fire;(G) animate characters, environments, or cameras;(H) incorporate music and sound effects; and(I) render scenes.(15) The student applies post-production processes. The student is expected to:(A) edit;(B) produce titles and credits;(C) add visual effects and processing;(D) add audio effects and processing; and(E) produce output.</content><note type="source"><p>Source Note: The provisions of this §127.163 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.164"><num value="127.164">§127.164</num><heading>Animation II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Animation I. Corequisite: Animation II. This course must be taken concurrently with Animation II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Animation II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in animation span all aspects of motion graphics. Within this context, in addition to developing advanced knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to create two- and three-dimensional animations. The instruction also assists students seeking careers in the animation industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in animation projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student demonstrates professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and employs problem-solving methods and conflict-management skills. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, and presentation applications for animation projects.(5) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(6) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time, producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(7) The student applies ethical decision making and complies with laws regarding use of technology in animation. The student is expected to:(A) exhibit ethical conduct;(B) apply copyright laws;(C) model respect for intellectual property; and(D) demonstrate proper etiquette and knowledge of acceptable use policies.(8) The student applies advanced technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(9) The student develops an advanced technical understanding of animation. The student is expected to:(A) operate communication systems to prepare and conduct verbal and visual communication;(B) use production elements such as transitions, edits, framing, angle, and lighting techniques;(C) use orthographic and isometric drawing techniques; and(D) demonstrate familiarity with commercial production applications.(10) The student demonstrates animation principles and elements. The student is expected to:(A) apply animation principles such as arcs, timing, and exaggeration; and(B) identify animation elements such as cycles, layers, transitions, and transparency.(11) The student applies the elements and principles of art to animation projects. The student is expected to:(A) identify animation design elements such as line, color, shape, and texture;(B) explain the use of additive color theory; and(C) compare various styles of animation.(12) The student applies pre-production processes. The student is expected to:(A) analyze target audience to identify needs and wants;(B) write and edit scripts;(C) create storyboards; and(D) select aspect ratio and frame rate appropriate to delivery method.(13) The student applies production processes. The student is expected to:(A) design color and compositional elements;(B) design characters, environments, and props;(C) model characters, environments, and props;(D) light sets or animating lights as needed;(E) develop rigs for animating characters;(F) assemble particle systems for visual effects such as rain, snow, and fire;(G) animate characters, environments, or cameras;(H) incorporate music and sound effects; and(I) render scenes.(14) The student applies post-production processes. The student is expected to:(A) edit;(B) produce titles and credits;(C) add visual effects and processing;(D) add audio effects and processing; and(E) produce output.</content><note type="source"><p>Source Note: The provisions of this §127.164 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.165"><num value="127.165">§127.165</num><heading>Audio/Video Production I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Arts, Audio/Video Technology, and Communications. Recommended corequisite: Audio/Video Production I Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in audio and video technology and film production span all aspects of the audio/video communications industry. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the industry with a focus on pre-production, production, and post-production audio and video products.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in audio and video projects. The student is expected to:(A) apply English language arts knowledge and skills by demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, and manuals; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(2) The student understands professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent through structure and style;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student uses technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio and video production projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student understands the evolution and current trends of the audio and video production industry. The student is expected to:(A) summarize the history and evolution of the audio and video production industry; and(B) analyze the current trends of the audio and video production industry.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations;(B) follow emergency procedures; and(C) examine and summarize safety-related problems that may result from working on location.(7) The student develops leadership characteristics. The student is expected to:(A) employ leadership skills;(B) employ teamwork and conflict-management skills;(C) participate in meetings; and(D) participate in mentoring activities.(8) The student applies ethical decision making and complies with laws regarding use of technology in audio and video production. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and acquisition, trademark laws, and personal privacy laws;(C) model respect for intellectual property;(D) analyze the ethical impact of the audio and video production industry on society; and(E) evaluate audio and video products for accuracy and validity.(9) The student uses innovative thinking to develop new ideas and processes for solving real-world issues and conveying those ideas to a global audience through a digital product. The student is expected to:(A) examine real-world issues relating to current topics such as health care, government, business, or education; and(B) create unique methods and products for audiences beyond the classroom such as school officials, non-profit organizations, higher education officials, government, or other stakeholders.(10) The student develops career-building characteristics. The student is expected to:(A) create a career portfolio to document information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities;(C) examine and employ professional networking opportunities such as career and technical student organizations, professional social media, and industry professional organizations; and(D) examine employment opportunities in entrepreneurship.(11) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(12) The student develops a basic understanding of audio and video production. The student is expected to:(A) understand the audio, video, and film industry, including the history, current practices, and future trends;(B) explain the beginning and evolution of the audio, video, and film industry;(C) describe how changing technology is impacting the audio, video, and film industry;(D) define and use terminology associated with the audio, video, and film industry;(E) identify various audio tape, tapeless, and file formats and the key elements required in audio scripts;(F) apply writing skills to develop an audio script;(G) explain how various styles of music can create a specific emotional impact;(H) understand various microphones based upon type, pickup patterns, and various audio cables and connectors;(I) identify the key elements required in video scripts;(J) apply writing skills to develop a video script;(K) identify various video tape, tapeless, and file formats;(L) understand various video cables and connectors;(M) distinguish between analog and digital formats;(N) describe various videography techniques, including picture composition, focus, camera and tripod movements, and proper exposure and white balance;(O) understand the basics of audio and video editing platforms such as differences between linear and nonlinear editing systems; and(P) describe various digital platforms, including high definition and standard definition.(13) The student understands the pre-production process. The student is expected to:(A) design and implement procedures to track trends, set timelines, and evaluate progress for continual improvement in process and product;(B) respond to advice from peers and professionals;(C) create technology specifications;(D) monitor process and product quality using established criteria;(E) create a script and identify resources needed to begin the production;(F) identify budgeting considerations for cast, crew, equipment, and location;(G) analyze the script and storyboard development processes for a successful production;(H) identify and participate in the team roles required for completion of a production;(I) identify cast, crew, equipment, and location requirements for a scripted production; and(J) understand the casting or audition process.(14) The student understands the post-production process. The student is expected to:(A) use technology applications to facilitate evaluation of work, both process and product, by evaluating the project's success in meeting established criteria; and(B) research the best method for promoting the product by identifying and analyzing market research such as market share, audience-measurement ratings, sweeps periods, distribution, product release dates, demographics, target audience, and advertising rates and revenue.</content><note type="source"><p>Source Note: The provisions of this §127.165 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.166"><num value="127.166">§127.166</num><heading>Audio/Video Production I Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Arts, Audio/Video Technology, and Communications or Digital Media in the Information Technology Career Cluster. Corequisite: Audio/Video Production I. This course must be taken concurrently with Audio/Video Production I and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Audio/Video Production I to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in audio and video technology and film production span all aspects of the audio/video communications industry. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the industry with a focus on pre-production, production, and post-production audio and video products. Requiring a lab corequisite for the course affords necessary time devoted specifically to the production and post-production process.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) participate in training, education, or certification for employment;(B) demonstrate professional standards and personal qualities needed to be employable such as oral and written communication, leadership, teamwork, appreciation for diversity, conflict management, customer service, work ethic, and adaptability;(C) demonstrate skills related to seeking and applying for employment; and(D) create a resume and cover letter/letter of interest to document information such as work experiences, licenses, certifications, and work samples.(2) The student applies academic knowledge and skills in audio and video projects. The student is expected to:(A) apply English language arts knowledge and skills by demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, and manuals; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(3) The student understands professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(4) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio and video production projects; and(B) use processes such as personal information management, file management, and file sharing.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations;(B) follow emergency procedures; and(C) identify and report safety-related problems that may result from working on location.(7) The student develops leadership characteristics. The student is expected to:(A) employ leadership skills;(B) employ teamwork and conflict-management skills;(C) participate in meetings; and(D) participate in mentoring activities.(8) The student applies ethical decision making and complies with laws regarding use of technology in audio and video production. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others and providing proper credit for ideas;(B) apply copyright laws in relation to fair use and acquisition, trademark laws, and personal privacy laws; and(C) model respect for intellectual property.(9) The student develops career-building characteristics. The student is expected to:(A) create a career portfolio to document information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities;(C) examine and employ professional networking opportunities such as career and technical student organizations, professional social media, industry professional organizations; and(D) examine employment opportunities in entrepreneurship.(10) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(11) The student develops a basic understanding of audio and video production. The student is expected to:(A) use terminology associated with the industries;(B) apply writing skills to develop an audio script;(C) apply various styles of music as needed to create a specific emotional impact;(D) use various audio tape, tapeless, and file formats;(E) use various microphones based upon type and pickup patterns; and(F) use various audio cables and connectors.(12) The student employs knowledge regarding use of video. The student is expected to:(A) apply writing skills to develop a video script;(B) use various video tape, tapeless, and file formats;(C) use various video cables and connectors;(D) demonstrate operation of video cameras; and(E) demonstrate how to properly maintain video equipment;(13) The student employs various videography techniques. The student is expected to:(A) demonstrate how to frame and maintain picture composition; (B) demonstrate focusing techniques;(C) demonstrate camera and tripod movements; and(D) demonstrate proper exposure and white balance.(14) The student edits basic audio and video productions. The student is expected to:(A) demonstrate skills required for editing using linear and nonlinear systems; and(B) employ knowledge of control peripherals for capturing or ingesting media.(15) The student understands the pre-production process. The student is expected to:(A) implement procedures to track trends, set timelines, and evaluate progress for continual improvement in process and product;(B) respond to advice from peers and professionals;(C) create technology specifications;(D) monitor process and product quality using established criteria;(E) create a script and identify resources needed to begin the production;(F) apply budgeting considerations for cast, crew, equipment, and location;(G) analyze the script and storyboard for a successful production;(H) participate in the team roles required for completion of a production; and(I) employ cast, crew, equipment, and location for a scripted production.(16) The student understands the production process. The student is expected to:(A) implement a coherent sequence of events to successfully produce a script;(B) use lighting techniques, including three-point lighting, reflected light, color temperatures, and lighting filters;(C) employ audio techniques, including microphone variances and sound mixing; and(D) demonstrate knowledge of interpersonal skills with sensitivity to diversity when directing crew or talent.(17) The student understands the post-production process. The student is expected to:(A) demonstrate knowledge of video systems such as digital and analog systems, software applications, and communication and network components;(B) make appropriate decisions regarding the selection of software;(C) make necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity;(D) apply animation effects using character generators, fonts, colors, and principles of composition to create graphic images, captions, or titles for video and graphics;(E) demonstrate proficiency in the use of a variety of electronic input devices;(F) use a variety of strategies to acquire information from online resources;(G) acquire electronic information in a variety of formats;(H) use different compression standards and techniques to output for distribution;(I) format digital information for effective communication with a defined audience using appropriate font attributes and color, white space and graphics, and camera perspective;(J) use appropriate content selection and presentation;(K) understand target audiences and demographics;(L) determine appropriate delivery method based on distribution needs;(M) deliver products in a variety of media by using various delivery formats such as disk, broadcast, cellular, portable device, electronic, and online delivery;(N) use appropriate computer-based productivity tools to create and modify solutions to problems;(O) create audio and video technology products for a variety of purposes and audiences;(P) develop technical documentation related to audio and video technology; and(Q) demonstrate innovative uses of a wide range of emerging technologies, including online learning, mobile devices, digital content, and Web 2.0 tools such as podcasting, wikis, and blogs.</content><note type="source"><p>Source Note: The provisions of this §127.166 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.167"><num value="127.167">§127.167</num><heading>Audio/Video Production II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Audio/Video Production I. Recommended corequisite: Audio/Video Production II Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in audio and video technology and film production span all aspects of the audio/video communications industry. Building upon the concepts taught in Audio/Video Production, in addition to developing advanced knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced understanding of the industry with a focus on pre-production, production, and post-production products. This course may be implemented in an audio format or a format with both audio and video.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in production projects. The student is expected to:(A) apply English language arts knowledge and skills by consistently demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, manuals, proposals, and other client-based documents; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by consistently demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent through structure and style;(B) analyze and organize oral and written information;(C) analyze, interpret, and communicate information, data, and observations;(D) create and deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student uses technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio and video production projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student understands the evolution and current trends of the audio and video production industry. The student is expected to:(A) summarize the history and evolution of the audio and video production industry; and(B) analyze the current trends of the audio and video production industry.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations;(B) recognize and resolve potential safety concerns; and(C) follow emergency procedures.(7) The student applies leadership characteristics to student organizations and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(8) The student applies ethical decision making and complies with laws regarding use of technology in audio/video production. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others and providing proper credit for ideas;(B) apply copyright laws in relation to fair use and acquisition, trademark laws, and personal privacy laws;(C) model respect for intellectual property; and(D) demonstrate proper etiquette and knowledge of acceptable use policies.(9) The student develops career-building characteristics. The student is expected to:(A) update a career portfolio to document information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities;(C) examine and employ professional networking opportunities such as career and technical student organizations, professional social media, industry professional organizations; and(D) examine employment opportunities in entrepreneurship.(10) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(11) The student demonstrates knowledge of audio and video production. The student is expected to:(A) understand set-up, execution, and trouble-shooting of standard systems for the audio/video industry, including editing systems, wireless and wired transmission systems, cabling, and configurations for production purposes;(B) employ knowledge of recording equipment usage by explaining analog and digital formats;(C) describe tape and tapeless formats;(D) demonstrate the operation of recording devices, including metering a recording signal for proper levels and proper maintenance of recording equipment; and(E) apply appropriate industry-related terminology.(12) The student understands the pre-production process. The student is expected to:(A) apply critical elements, including purpose, target audience, and distribution, in the pre-production stage to identify and evaluate the production;(B) demonstrate procedures to establish timelines;(C) develop a budget with considerations for cast, crew, equipment, and location;(D) write documents of the scripting process such as treatments, storyboards, rundowns, and scripts for various types of programs using proper formatting for the specific type of production document;(E) identify specific elements needed for successful production such as cast, crew, equipment, location, props, and sound effects;(F) discuss how various styles of music can create a specific emotional impact;(G) examine the end goal of the production to determine the appropriate format for recording and distributing;(H) identify several means to work within budget restraints; (I) conduct auditions for the talent and secure the crew required for a successful production; and(J) examine various contracts related to industry tasks, including talent releases for productions, and key elements for contracts such as crew, talent, location, and distribution.(13) The student understands the business aspects of the industry. The student is expected to:(A) understand the roles of various industry professionals by identifying and discussing the responsibilities and relationships among the production team, including producers, directors, editors, engineers, talent, additional crew members, and sales team;(B) understand the opportunities in the industry for freelance entrepreneurs by identifying standard freelance self-promotion techniques, proposals, technology applications for freelance entrepreneurs, best practices for various freelance job responsibilities, and standard billing practices for freelance labor, including invoices and collections rates;(C) understand the unique characteristics of live productions such as roles, equipment, time accountability, back-timing, time-based mathematics, and financial support; and(D) identify roles, costs, equipment, and strategies for financially supporting studio and field productions.(14) The student demonstrates an understanding of regulatory agency guidelines for content appropriateness. The student is expected to:(A) identify applicable guidelines based on production distribution methods; and(B) distinguish between Federal Communications Commission (FCC), National Public Radio (NPR), and other regulatory agencies.(15) The student understands the technical broadcast standards established by the FCC. The student is expected to:(A) apply knowledge of broadcast formats by distinguishing between analog and digital formats;(B) describe the difference in data signals and equipment for analog and digital technology;(C) identify the evolution of the broadcast signal and standards such as High-Definition (HD), Standard-Definition (SDTV), National Television System Committee (NTSC), Phase Alternating Line (PAL), and Sequential Color with Memory (SECAM); and(D) identify the location of radio and television frequencies in the electromagnetic spectrum.(16) The student understands the evolution of various media formats. The student is expected to:(A) identify the evolution of various media formats such as tape, tapeless, film, and electronic; and(B) identify the evolution and application of digital media formats and compression standards.</content><note type="source"><p>Source Note: The provisions of this §127.167 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.168"><num value="127.168">§127.168</num><heading>Audio/Video Production II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Audio/Video Production I. Corequisite: Audio/Video Production II. This course must be taken concurrently with Audio/Video Production II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Audio/Video Production II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in audio and video technology and film production span all aspects of the audio/video communications industry. Building upon the concepts taught in Audio/Video Production, in addition to developing advanced knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced understanding of the industry with a focus on pre-production, production, and post-production products. Through diverse forms of storytelling and production, students will exercise and develop creativity, intellectual curiosity, and critical-thinking, problem-solving, and collaborative skills. This course may be implemented in an audio format or a format with both audio and video. Requiring a lab corequisite for the course affords necessary time devoted specifically to the production and post-production process.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) participate in training, education, or certification for employment;(B) demonstrate professional standards and personal qualities needed to be employable such as oral and written communication, leadership, teamwork, appreciation for diversity, conflict management, customer service, work ethic, and adaptability;(C) demonstrate skills related to seeking and applying for employment;(D) update a resume, cover letter/letter of interest, and career portfolio to document information such as work experiences, licenses, certifications, and work samples; and(E) demonstrate skills in evaluating and comparing employment opportunities.(2) The student applies academic knowledge and skills in production projects. The student is expected to:(A) apply English language arts knowledge and skills by consistently demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, manuals, proposals, and other client-based documents; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by consistently demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(3) The student develops a perception of self, human relationships, and the world. The student is expected to:(A) demonstrate the value and purpose of listening, observing, concentrating, cooperating, and using emotional and sensory recall;(B) develop and practice effective voice and diction;(C) analyze strategies such as advertising; perpetuating stereotypes; and using visual representations, special effects, and language used by media to inform, persuade, entertain, and transform culture;(D) explore the emotional and intellectual effects of visual media on viewers; and(E) analyze how visual and audio techniques such as special effects, editing, camera angles, reaction shots, sequencing, and music convey messages in media.(4) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent through structure and style;(B) analyze and organize oral and written information;(C) analyze, interpret, and communicate information, data, and observations;(D) create and deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals;(G) collaborate with others in a production role such as talent, director, producer, videographer, and editor to tell a story through live or recorded productions; and(H) exhibit public relations skills to increase internal and external customer/client satisfaction.(5) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups;(B) employ interpersonal skills in groups to solve problems; and(C) demonstrate responsibility, artistic discipline, and creative problem solving by concentrating in one or more areas of audio and video production such as directing, producing, writing, videography, and editing.(6) The student uses technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio and video production projects; and(B) use processes such as personal information management, file management, and file sharing.(7) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations throughout the production process;(B) recognize and resolve potential safety concerns; and(C) follow emergency procedures.(8) The student applies leadership characteristics to student organizations and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by exhibiting problem-solving and management traits;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(9) The student applies ethical decision making and complies with laws regarding use of technology in audio/video production. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others and providing proper credit for ideas;(B) apply copyright laws in relation to fair use and acquisition, trademark laws, and personal privacy laws;(C) model respect for intellectual property; and(D) demonstrate proper etiquette and knowledge of acceptable use policies.(10) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(11) The student demonstrates an understanding of audio and video production. The student is expected to:(A) understand set-up, execution, and trouble-shooting of standard systems for the audio/video industry, including editing systems, wireless and wired transmission systems, cabling, and configurations for production purposes;(B) employ the operation of recording devices, including metering a recording signal for proper levels and proper maintenance of recording equipment; and(C) apply appropriate industry-related terminology.(12) The student understands the pre-production process. The student is expected to:(A) apply critical elements, including purpose, target audience, and distribution, in the pre-production stage by identifying and evaluating the production;(B) use advanced technology applications to facilitate pre-production by developing a budget with considerations for cast, crew, equipment, and location;(C) write documents of the scripting process such as treatments, storyboards, rundowns, and scripts for various types of programs;(D) use proper formatting for the specific type of production document;(E) identify specific elements of the production document needed for successful production, such as cast, props, and sound effects; (F) determine artistic impact of production plan;(G) determine the use of art elements such as color, texture, form, line, and space;(H) determine the principles of design such as continuity, pattern, rhythm, balance, proportion, and unity in products;(I) determine cast, crew, equipment, and location requirements for a successful production;(J) conduct auditions for the talent and secure the crew required for a successful production; and(K) examine various contracts related to industry tasks by using talent releases for productions.(13) The student applies the production process. The student is expected to:(A) apply the coherent sequence of events to successfully produce a script;(B) use lighting techniques, including three-point lighting, reflected light, color temperatures, lighting filters, lighting gels, and understand lighting and its emotional impact on productions;(C) demonstrate a knowledge of audio techniques by using various microphone types;(D) demonstrate an understanding of sound mixing and elements of a final audio mix;(E) execute production of the script by demonstrating teamwork and knowledge of interpersonal skills with sensitivity to diversity when directing crew and talent;(F) apply knowledge of the critical elements in designing activities in the production stage;(G) employ knowledge of digital editing by addressing various distribution formats, including electronic, disk, tapeless, and tape;(H) ingest media to an editing system for the purpose of manipulating recorded media;(I) properly monitor equipment to ensure quality recordings; (J) set appropriate levels before recording by using broadcast standard tools; and(K) identify standards for logging notes during the recording process.(14) The student understands the post-production process relating to video systems. The student is expected to:(A) demonstrate knowledge of video systems such as digital and analog systems, software applications, and communication and network components;(B) demonstrate an understanding of various input, processing, output, and storage devices;(C) demonstrate an understanding of compatibility issues, including digital file formats and cross-platform connectivity; and(D) demonstrate an understanding of high definition and standard definition output media.(15) The student understands the post-production process relating to animation effects. The student is expected to:(A) use character generators, fonts, colors, and principles of composition to create graphic images; and(B) create captions or titles for video and graphics.(16) The student understands the post-production process relating to output for distribution. The student is expected to:(A) demonstrate proficiency in outputting production for distribution using various compression standards and techniques;(B) understand the relationship between file size and quality;(C) use various delivery formats such as disk, broadcast, cellular, portable devices, electronic, and online delivery;(D) determine the appropriate delivery method based on distribution needs;(E) extend the learning environment through digital sharing and gathering such as cloud computing, emerging collaboration technologies, data mining strategies, and mobile technologies;(F) use appropriate computer-based productivity tools to create and modify solutions to problems;(G) integrate productivity tools to develop and modify solutions to problems; and(H) create technical documentation related to project specifications.(17) The student understands the post-production process relating to level of project success. The student is expected to:(A) critique production to determine how the various elements resulted in a successful or unsuccessful project; and(B) recognize and evaluate final production as an art form.</content><note type="source"><p>Source Note: The provisions of this §127.168 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.169"><num value="127.169">§127.169</num><heading>Digital Audio Technology I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Arts, Audio/Video Technology, and Communications or Digital Media or both Audio/Video Production I and Audio/Video Production I Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Digital Audio Technology I was designed to provide students interested in audio production careers such as audio for radio and television broadcasting, audio for video and film, audio for animation and game design, music production and live sound, and additional opportunities and skill sets. Digital Audio Technology I does not re-place Audio Video Production courses but is recommended as a single credit, co-curricular course with an audio production technical emphasis. This course can also be paired with Digital Media. Students will be expected to develop an understanding of the audio industry with a technical emphasis on production and critical-listening skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in audio and video projects. The student is expected to:(A) apply English language arts knowledge and skills by demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, and manuals; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(2) The student understands professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio production projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student understands the evolution and current trends of the audio industry. The student is expected to:(A) summarize the history and evolution of the audio production industry; and(B) analyze the current trends of the audio production industry.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations; and(B) follow emergency procedures.(7) The student develops leadership characteristics. The student is expected to:(A) employ leadership skills;(B) employ teamwork and conflict-management skills;(C) participate in meetings; and(D) participate in mentoring activities.(8) The student applies ethical decision making and complies with laws and regulations regarding use of technology in audio production. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others and providing proper credit for ideas;(B) model respect for intellectual property;(C) analyze the ethical impact of the audio production industry on society;(D) understand and comply with all copyright and fair use laws; and(E) understand and comply with all applicable rules and regulations of the associated governing authority such as the Federal Communications Commission (FCC), local school district, or client.(9) The student develops career-building characteristics. The student is expected to demonstrate skills in evaluating and comparing employment opportunities.(10) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(11) The student develops a basic understanding of the audio production industry. The student is expected to:(A) identify various career pathways and job opportunities in the audio production industry;(B) understand the roles of various industry audio professionals such as producers, editors, engineers, and talent as they apply to specific audio production career pathways;(C) understand the history, current practices, and future trends for audio production careers such as radio and television broadcasting, video and film, animation and game design, music production, and live sound;(D) describe how the changing technology is impacting the audio industry; and(E) define and appropriately use terminology associated with the audio production industry.(12) The student develops a basic understanding of audio production equipment. The student is expected to:(A) understand types and application of microphones such as dynamic, condenser, ribbon, pressure zone (PZM), universal serial bus (USB), and wireless;(B) understand pick-up patterns and application of microphones such as cardioid, omni-directional, and figure eight;(C) understand the operation and application of audio consoles (mixers) such as broadcast consoles, live sound consoles, and recording consoles;(D) understand the operation and application of audio processing equipment or software such as equalizer (EQ), dynamic compressor, noise gate, band pass filters, reverb, and delays;(E) understand the operation and application of analog and digital audio recording devices such as handheld recorders, USB interfaces, multi-track devices, and digital audio workstations (DAW);(F) understand the application of audio interconnect cabling and connectors such as XLR balanced, TRS balanced, TS unbalanced, RCA, ¼" TRS/TS, and mini TRS/TS;(G) understand the operation and application of additional audio hardware such as musical instrument digital interface (MIDI) controllers, direct boxes, audio splitters, and analog to digital converters as needed; and(H) understand the types and applications of audio speakers such as broadcast monitors, studio monitors, and live sound speakers.(13) The student develops an understanding of audio production elements. The student is expected to:(A) identify key elements (stems) of an audio production such as dialogue, sound effects, music, and environmental;(B) understand how music styles, sound effects, or vocal performance can create a specific emotional impact;(C) identify key technical elements of audio production for effect such as panning, ducking, track doubling, retiming, and auto-tune; and(D) understand and identify digital audio codecs and compression standards such as Waveform Audio (WAV), MP3, and advanced audio coding (AAC).(14) The student identifies, creates, and obtains required assets for audio production projects. The student is expected to:(A) identify key elements required in audio scripts;(B) apply writing skills to develop an audio script; and(C) create or obtain required audio assets through recording, synthesis, or permissions.(15) The student develops a basic understanding of a DAW and audio editing. The student is expected to:(A) understand how to record or import various types of audio content such as audio files, MIDI data or automation;(B) understand types and application of audio track such as instrument track, master track, auxiliary track, and global attributes track;(C) understand audio editing tools and transitions such as cut, trim, and fade;(D) understand the use and application of software plug-ins such as EQ, dynamic compression, reverb, and software instruments; (E) understand the use and application of software automation; and(F) understand the various delivery formats such as disk, broadcast, cellular, portable device, electronic, and online delivery.</content><note type="source"><p>Source Note: The provisions of this §127.169 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.170"><num value="127.170">§127.170</num><heading>Digital Audio Technology II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Digital Audio Technology I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Digital Audio Technology II was designed to provide additional opportunities and skill sets for students interested in audio production careers such as audio for radio and television broadcasting, audio for video and film, audio for animation and game design, and music production and live sound. Digital Audio Technology II does not replace Audio Video Production courses but is recommended as a single credit, co-curricular course with an audio production technical emphasis. This course can also be paired with Digital Media. Students will be expected to develop an understanding of the audio industry with a technical emphasis on production and critical-listening skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in audio and video projects. The student is expected to:(A) apply English language arts knowledge and skills by demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, and manuals; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(2) The student understands professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio production projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student understands the evolution and current trends of the audio industry. The student is expected to:(A) summarize the history and evolution of the audio production industry; and(B) analyze the current trends of the audio production industry.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations; and(B) follow emergency procedures.(7) The student develops leadership characteristics. The student is expected to:(A) employ leadership skills;(B) employ teamwork and conflict-management skills;(C) participate in meetings; and(D) participate in mentoring activities.(8) The student applies ethical decision making and complies with laws and regulations regarding use of technology in audio production. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others and providing proper credit for ideas;(B) model respect for intellectual property;(C) analyze the ethical impact of the audio production industry on society;(D) understand and comply with all copyright and fair use laws; and(E) understand and comply with all applicable rules and regulations of the associated governing authority such as the Federal Communications Commission (FCC), local school district, or client.(9) The student develops career-building characteristics. The student is expected to:(A) create a career portfolio to document information such as work experiences, licenses, certifications, and work samples;(B) examine and employ professional networking opportunities such as career and technical student organizations, professional social media, and industry professional organizations; and(C) examine employment opportunities in entrepreneurship.(10) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(11) The student develops a basic understanding of the audio production industry. The student is expected to:(A) identify various career pathways and job opportunities in the audio production industry;(B) understand the roles of various industry audio professionals such as producers, editors, engineers, and talent as they apply to specific audio production career pathways;(C) understand the history, current practices, and future trends for audio production careers such as radio and television broadcasting, video and film, animation and game design, music production, and live sound;(D) describe how the changing technology is impacting the audio industry; and(E) define and appropriately use terminology associated with the audio production industry.(12) The student develops a basic understanding of audio production equipment. The student is expected to:(A) use types and applications of microphones such as dynamic, condenser, ribbon, pressure zone (PZM), universal serial bus (USB), and wireless;(B) use pick-up patterns and applications of microphones such as cardioid, omni-directional, and figure eight;(C) demonstrate the operation and application of audio consoles (mixers) such as broadcast consoles, live sound consoles, and recording consoles;(D) demonstrate the operation and application of audio processing equipment or software such as equalizer (EQ), dynamic compressor, noise gate, band pass filters, reverb, and delays;(E) demonstrate the operation and application of analog and digital audio recording devices such as handheld recorders, USB interfaces, multi-track devices, and digital audio workstations (DAW);(F) demonstrate the application of audio interconnect cabling and connectors such as XLR balanced, TRS balanced, TS unbalanced, RCA, ¼" TRS/TS, and mini TRS/TS;(G) demonstrate the operation and application of additional audio hardware such as musical instrument digital interface (MIDI) controllers, direct boxes, audio splitters, and analog to digital converters as needed; and(H) use the types and applications of audio speakers such as broadcast monitors, studio monitors, and live sound speakers.(13) The student develops an understanding of audio production elements. The student is expected to:(A) consistently identify key elements (stems) of an audio production such as dialogue, sound effects, music, and environmental; (B) use music styles, sound effects, or vocal performances to create a specific emotional impact;(C) use key technical elements of audio production for effect such as panning, ducking, track doubling, retiming, and auto-tune; and(D) use digital audio codecs and compression standards such as Waveform Audio (WAV), MP3, and advanced audio coding (AAC).(14) The student identifies, creates, and obtains required assets for audio production projects. The student is expected to:(A) use key elements required in audio scripts;(B) consistently apply writing skills to develop an audio script; and(C) create or obtain required audio assets through recording, synthesis, or permissions.(15) The student develops a basic understanding of a DAW and audio editing. The student is expected to:(A) demonstrate how to record or import various types of audio content such as audio files, MIDI data, or automation;(B) use types and application of audio tracks such as audio track, instrument track, master track, auxiliary track, and global attributes track;(C) use audio editing tools and transitions such as cut, trim, and fade;(D) demonstrate the use and application of software plug-ins such as EQ, dynamic compression, reverb, and software instruments; (E) demonstrate the use and application of software automation; and(F) use the various delivery formats such as disk, broadcast, cellular, portable device, electronic, and online delivery.</content><note type="source"><p>Source Note: The provisions of this §127.170 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.171"><num value="127.171">§127.171</num><heading>Video Game Design (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Art, Audio/Video Technology, and Communications. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Video Game Design will allow students to explore one of the largest industries in the global marketplace and the new emerging careers it provides in the field of technology. Students will learn gaming, computerized gaming, evolution of gaming, artistic aspects of perspective, design, animation, technical concepts of collision theory, and programming logic. Students will participate in a simulation of a real video game design team while developing technical proficiency in constructing an original game design.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in video game design projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student understands professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) apply active listening skills; and(E) communicate with diverse individuals.(3) The student understands and employs problem-solving methods and conflict-management skills. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(5) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) demonstrate leadership skills; and(B) participate in a group setting.(6) The student applies ethical decision making and understands and complies with laws regarding use of technology in video game design. The student is expected to:(A) exhibit ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws;(C) model respect of intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) analyze the impact of the video game design industry on society.(7) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(8) The student develops an understanding of video game design. The student is expected to:(A) demonstrate knowledge and appropriate use of computer operating systems;(B) demonstrate appropriate use of hardware components, software programs, and storage devices;(C) demonstrate knowledge of sound editing;(D) demonstrate knowledge of file formats and cross-platform compatibility;(E) acquire and exchange information in a variety of electronic file sharing formats; and(F) evaluate visual information by recognizing the use of principles and elements of design.(9) The students employs an appropriate design process to create and modify solutions to problems. The student is expected to:(A) combine graphics, images, and sound;(B) apply principles of design;(C) develop and reference technical documentation; and(D) edit products.(10) The student researches the history and evolution of video game design. The student is expected to:(A) explain the history of video game design;(B) describe how changing technology is affecting the industry;(C) analyze the use of symbols in video game design of diverse cultures;(D) compare current video game design technologies with historical technologies;(E) compare various styles of video game design; and(F) explore emerging and innovative video game design technologies and software.(11) The student understands and applies video game design principles, elements, and techniques. The student is expected to:(A) employ audience identification, script writing, character design, storyboarding, and audio and delivery formats;(B) describe and use motion paths, scripting, programming, and interactivity;(C) describe lighting and perspective; and(D) describe and use production processes such as titles, credits, and special effects.(12) The student evaluates a product using critical-thinking skills. The student is expected to evaluate products and product quality against established criteria and rubrics.(13) The student presents oral or written evaluations of video game design projects. The student is expected to:(A) identify the intended audience;(B) describe aesthetics;(C) explain the storyline;(D) summarize subject matter; and(E) discuss the use of sound.(14) The student creates video game design projects. The student is expected to use a variety of techniques and software programs.(15) The student differentiates current programming languages. The student is expected to:(A) discuss the use of computer programming languages in other fields of study; and(B) demonstrate knowledge of specific programming terminology and concepts.(16) The student applies problem-solving strategies. The student is expected to apply design specifications, step-wise refinement, or algorithm development.(17) The student develops coding with correct and efficient use of expressions. The student is expected to use user-defined functions; proper operator precedence; and sequential, conditional, and repetitive control structures.(18) The students applies constructive criticism to products. The student is expected to seek and respond to advice from peers and professionals in delineating technological tasks.(19) The student uses research skills and electronic communication, with appropriate supervision, to create new knowledge. The student is expected to:(A) participate with electronic communities as a learner, initiator, contributor, and teacher or mentor;(B) extend the learning environment beyond the school walls with digital products created to increase teaching and learning in the foundation and enrichment curricula; and(C) participate in relevant, meaningful activities in the larger community and society to create electronic projects.(20) The student uses technology applications to facilitate evaluation of communication processes and products. The student is expected to:(A) write technology specifications for planning/evaluation rubrics documenting variables, prompts, and programming code internally and externally; and(B) debug and solve problems using reference materials and effective strategies.(21) The student understands technology concepts, systems, and operations as they apply to game programming. The student is expected to:(A) identify basic game components, including the game engine, game play subsystems, data structures, models, and interfaces;(B) generate random numbers in a program;(C) create a program implementing conditional statements;(D) develop an appropriate data model;(E) demonstrate an understanding of and apply object-oriented game programming;(F) demonstrate an understanding of game programming essentials, including event-driven programming, communicating with messages, and device management;(G) demonstrate an understanding of the role of game events, the animation loop, and game timing;(H) demonstrate an understanding of the role of game engines;(I) apply basic game screen design and layout, including visual controls, user interfaces, menus, and options;(J) use game control design to understand, access, and control input devices;(K) demonstrate an understanding of and apply game animation, including the principles of animation and frame-based animation; (L) demonstrate an understanding of game events, including listeners, triggers, and timed events;(M) demonstrate an understanding of and implement collision detection, including models and sprite collisions;(N) demonstrate an understanding of player progression, including leveling, linear progression, and maintaining high score data; and(O) demonstrate an understanding of algorithmic decision making.</content><note type="source"><p>Source Note: The provisions of this §127.171 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.172"><num value="127.172">§127.172</num><heading>Printing and Imaging Technology I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended corequisite: Printing and Imaging Technology I Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in printing span all aspects of the industry, including prepress, press, and finishing and bindery operations. In addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the printing industry with a focus on digital prepress and digital publishing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in printing and imaging projects. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse groups of individuals; and(G) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for printing and imaging projects.(5) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations; and(B) follow emergency procedures.(6) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ communication skills;(B) employ teamwork and conflict-management skills;(C) conduct and participate in meetings; and(D) employ mentoring skills.(7) The student applies ethical decision making and understands and complies with laws regarding use of technology in printing. The student is expected to:(A) demonstrate an understanding of ethical conduct;(B) understand copyright laws in relation to fair use and duplication of materials; and(C) understand Creative Commons laws, including all licensing.(8) The student develops career-building characteristics. The student is expected to:(A) understand the use and importance of a portfolio in documenting information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities; and(C) examine employment opportunities in entrepreneurship.(9) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student develops a basic understanding of printing and imaging. The student is expected to:(A) understand printing systems and their uses;(B) describe the processes required for the production of various printed products;(C) explain the impact of the printing industry on the U.S. economy;(D) understand the impact of emerging technologies in hardware and software applications;(E) understand how to manage the printing process, including customer service and sales, scheduling, and quality control;(F) describe materials used in various printing projects;(G) understand how to acquire information in a variety of formats;(H) evaluate information for accuracy, validity, and usability;(I) compare the features of graphics programs used in digital printing;(J) explain how design elements such as text, graphics, headlines, use of color, and white space affect usability;(K) explain the principles of typography, including font size and style;(L) explain color theory and its use in the design process;(M) identify graphic design concepts such as contrast, alignment, repetition, and proximity;(N) reference technical documentation;(O) understand file and cross-platform compatibility;(P) identify and use the principles of design to discuss, analyze, critique, and write about visual aspects in print design, including the student's own designs; and(Q) demonstrate knowledge of the principles of design in print design images, with a focus on composition, color, design, shape, shadow, negative space, and background.(11) The student researches the history of the printing and imaging field. The student is expected to analyze and summarize the evolution of the printing and imaging field and its historical impact on society.</content><note type="source"><p>Source Note: The provisions of this §127.172 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.173"><num value="127.173">§127.173</num><heading>Printing and Imaging Technology I Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 9-12. Corequisite: Printing and Imaging Technology I. This course must be taken concurrently with Printing and Imaging Technology I and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Printing and Imaging Technology I to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in printing span all aspects of the industry, including prepress, press, and finishing and bindery operations. In addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to demonstrate an understanding of the printing industry with a focus on digital prepress and digital publishing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and participate in training, education, or certification for printing and imaging technology employment;(B) demonstrate positive work behaviors and personal qualities needed to be employable; and(C) demonstrate skills related to seeking, applying for, and obtaining a desired job.(2) The student applies academic knowledge and skills in printing and imaging projects. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(3) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(4) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for printing and imaging projects.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations; and(B) follow emergency procedures.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ communication skills;(B) employ teamwork and conflict-management skills;(C) conduct and participate in meetings; and(D) employ mentoring skills.(8) The student applies ethical decision making and understands and complies with laws regarding use of technology in printing. The student is expected to:(A) demonstrate an understanding of ethical conduct;(B) apply copyright laws in relation to fair use and duplication of materials;(C) model respect for intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) demonstrate an understanding of Creative Commons laws, including all licensing.(9) The student develops career-building characteristics. The student is expected to:(A) maintain a portfolio to document information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities; and(C) examine employment opportunities in entrepreneurship.(10) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(11) The student develops a basic understanding of printing and imaging. The student is expected to:(A) understand printing systems and their uses;(B) employ processes required for the production of various printed products;(C) demonstrate print process management, including customer service and sales, scheduling, and quality control;(D) evaluate customer needs and materials;(E) acquire information in a variety of formats;(F) evaluate information for accuracy, validity, and usability;(G) apply digital publishing techniques to create products by using word processing, graphics, or drawing programs;(H) apply design elements such as text, graphics, headlines, and white space;(I) apply typography concepts, including font size and style;(J) apply color theory;(K) apply graphic design concepts such as contrast, alignment, repetition, and proximity;(L) edit and evaluate products;(M) develop technical documentation;(N) demonstrate knowledge and appropriate use of hardware components, software programs, and storage devices;(O) demonstrate knowledge of file and cross-platform compatibility; and(P) deliver products in a variety of media.</content><note type="source"><p>Source Note: The provisions of this §127.173 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.174"><num value="127.174">§127.174</num><heading>Printing and Imaging Technology II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Printing and Imaging Technology I and Printing and Imaging Technology I Lab. Recommended corequisite: Printing and Imaging Technology II Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.(3) Careers in printing span all aspects of the industry, including prepress, press, and finishing and bindery operations. In addition to developing advanced knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced understanding of the printing industry with a focus on digital prepress and desktop digital publishing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in printing and imaging projects. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents such as brochures, programs, and newsletters; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) present information formally and informally;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for printing and imaging projects.(5) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations; and(B) follow emergency procedures.(6) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(7) The student applies ethical decision making and understands and complies with laws regarding use of technology in printing. The student is expected to:(A) demonstrate an understanding of ethical conduct;(B) understand copyright laws;(C) model respect for intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies;(E) understand Creative Commons laws, including all licensing; and(F) analyze the impact of the printing industry on society.(8) The student develops career-building characteristics. The student is expected to:(A) understand the use and importance of a portfolio in documenting information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities; and(C) examine employment opportunities in entrepreneurship.(9) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student develops an advanced understanding of printing and imaging. The student is expected to:(A) understand printing systems;(B) explain how to manage the printing process;(C) describe how to prepare customer materials for printing;(D) understand a variety of printing processes;(E) explain ink processes used for various types of printing, identify ink types, and describe how properties of ink affect coverage, color, and color separation;(F) explain the uses of papers, including weights and finishes used for various types of printing;(G) explain cleanup and maintenance of equipment;(H) identify and use the principles of design to discuss, analyze, critique, and write about visual aspects in print design, including the student's own designs; and(I) demonstrate knowledge of the principles of design in print design images with a focus on composition, color, design, shape, shadow, negative space, and background.</content><note type="source"><p>Source Note: The provisions of this §127.174 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.175"><num value="127.175">§127.175</num><heading>Printing and Imaging Technology II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Corequisite: Printing and Imaging Technology II. This course must be taken concurrently with Printing and Imaging Technology II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Printing and Imaging Technology II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in printing span all aspects of the industry, including prepress, press, and finishing and bindery operations. In addition to developing advanced knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced understanding of the printing industry with a focus on digital prepress and desktop digital publishing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) participate in training, education, or certification for employment;(B) identify and demonstrate positive work behaviors and personal qualities needed to be employable; and(C) demonstrate skills related to seeking, applying for, and obtaining a desired job, including identifying job opportunities, developing a resume and letter of application, completing a job application, and demonstrating effective interview skills.(2) The student applies academic knowledge and skills in printing and imaging projects. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(3) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) demonstrate active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) demonstrate public relations skills to increase internal and external customer/client satisfaction.(4) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for printing and imaging projects.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations; and(B) follow emergency procedures.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(8) The student applies ethical decision making and understands and complies with laws regarding use of technology in printing. The student is expected to:(A) demonstrate an understanding of ethical conduct;(B) apply copyright laws;(C) model respect for intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) understand Creative Commons laws, including all licensing.(9) The student develops career-building characteristics. The student is expected to:(A) maintain and update a portfolio to document information such as work experiences, licenses, certifications, and work samples; and(B) demonstrate skills in evaluating and comparing employment opportunities.(10) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(11) The student develops an advanced understanding of printing and imaging. The student is expected to:(A) understand printing systems and their uses;(B) demonstrate print process management;(C) prepare customer materials for printing;(D) demonstrate and apply a variety of printing processes; (E) demonstrate industry standard ink processes used for various types of printing, identify ink types, and describe how properties of ink affect coverage, color, and color separation;(F) demonstrate knowledge of papers, including weights and finishes used for various types of printing; and(G) perform cleanup and maintenance of equipment.</content><note type="source"><p>Source Note: The provisions of this §127.175 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.176"><num value="127.176">§127.176</num><heading>Commercial Photography I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended corequisite: Commercial Photography I Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in commercial photography require skills that span all aspects of the industry from setting up a shot to delivering products in a competitive market. In addition to developing knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the commercial photography industry with a focus on creating quality photographs.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in commercial photography. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for commercial photography projects.(5) The student understands commercial photography systems. The student is expected to analyze and summarize the history and evolution of commercial photography.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations in a photography studio and lab; and(B) follow emergency procedures.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ communication skills;(B) employ teamwork and conflict-management skills;(C) conduct and participate in meetings; and(D) employ mentoring skills.(8) The student applies ethical decision making and understands and complies with laws regarding use of technology in commercial photography. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and duplication of images;(C) model respect for intellectual property when manipulating, morphing, and editing digital images;(D) analyze the impact of photography on society; and(E) understand Creative Commons laws, including all licensing.(9) The student develops career-building characteristics. The student is expected to:(A) create a portfolio to document information such as work experiences, licenses, certifications, and work samples; and(B) examine employment opportunities in entrepreneurship.(10) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(11) The student develops a basic understanding of commercial photography. The student is expected to:(A) research career opportunities and qualifications in photography;(B) research the history and evolution of photography;(C) analyze principles of commercial photography such as working with clients, interpreting client instructions, developing production schedules, and delivering products in a competitive market;(D) analyze and apply the elements and principles of art to photographs;(E) demonstrate knowledge of different types of cameras and lenses and their applications to photography;(F) demonstrate knowledge of photographic composition and layout;(G) demonstrate knowledge of different types of photographic media;(H) demonstrate knowledge of the basics of digital photography;(I) demonstrate knowledge of photographic lighting techniques, including three-point lighting;(J) identify characteristics and uses of various types of photographic paper;(K) demonstrate an understanding of standard conventions for mounting, matting, or framing;(L) produce a variety of photographs using appropriate, current, industry-standard production processes;(M) evaluate photographs using principles of art, commercial photography standards, and critical-thinking skills;(N) understand resolution and digital file format;(O) identify and use the principles of design to discuss, analyze, critique, and write about visual aspects in photographic work, including the student's own work; and(P) demonstrate knowledge of the principles of design in photographic work with a focus on composition, color, design, shape, shadow, negative space, and background.</content><note type="source"><p>Source Note: The provisions of this §127.176 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.177"><num value="127.177">§127.177</num><heading>Commercial Photography I Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 9-12. Corequisite: Commercial Photography I. This course must be taken concurrently with Commercial Photography I and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Commercial Photography I to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in commercial photography require skills that span all aspects of the industry from setting up a shot to delivering products in a competitive market. In addition to developing knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the commercial photography industry with a focus on creating quality photographs.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and participate in training, education, or certification for employment;(B) identify and demonstrate positive work behaviors and personal qualities needed to be employable; and(C) demonstrate skills related to seeking employment to find and obtain a desired job.(2) The student applies academic knowledge and skills in commercial photography. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(3) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills(4) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for commercial photography projects.(6) The student understands commercial photography systems. The student is expected to analyze and summarize the history and evolution of commercial photography.(7) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations in a photography studio and lab; and(B) follow emergency procedures.(8) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ communication skills;(B) employ teamwork and conflict-management skills;(C) conduct and participate in meetings; and(D) employ mentoring skills.(9) The student applies ethical decision making and understands and complies with laws regarding use of technology in commercial photography. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and duplication of images;(C) model respect for intellectual property when manipulating, morphing, and editing digital images;(D) analyze the impact of photography on society; and(E) understand Creative Commons Laws, including all licensing.(10) The student develops career-building characteristics. The student is expected to:(A) create a portfolio to document information such as work experiences, licenses, certifications, and work samples; and(B) examine employment opportunities in entrepreneurship.(11) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(12) The student demonstrates a basic understanding of commercial photography. The student is expected to:(A) analyze principles of commercial photography such as working with clients, interpreting client instructions, developing production schedules, and delivering products in a competitive market;(B) analyze and apply the elements and principles of art to photographs;(C) demonstrate knowledge of different types of cameras and lenses and their applications to photography;(D) demonstrate knowledge of photographic composition and layout;(E) demonstrate knowledge of the characteristics of different types of photographic media;(F) demonstrate knowledge of the basics of digital photography;(G) demonstrate knowledge of photographic lighting techniques, including three-point lighting;(H) identify characteristics and uses of various types of photographic paper;(I) demonstrate an understanding of standard conventions for mounting, matting, or framing;(J) produce a variety of photographs using appropriate, current, industry-standard production processes;(K) evaluate photographs using principles of art, commercial photography standards, and critical-thinking skills; and(L) demonstrate an understanding of resolutions and digital file format.</content><note type="source"><p>Source Note: The provisions of this §127.177 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.178"><num value="127.178">§127.178</num><heading>Commercial Photography II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Commercial Photography I and Commercial Photography I Lab. Recommended corequisite: Commercial Photography II Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in commercial photography span all aspects of the industry from setting up a shot to delivering products in a competitive market. In addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the commercial photography industry with a focus on producing, promoting, and presenting professional quality photographs.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in commercial photography. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for commercial photography projects.(5) The student applies knowledge of commercial photography systems. The student is expected to analyze and summarize the history and evolution of the commercial photography field.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations in a photography studio and lab; and(B) follow emergency procedures.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders with organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(8) The student applies ethical decision making and complies with laws regarding use of technology in commercial photography. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and duplication of images;(C) model respect for intellectual property when manipulating, morphing, and editing digital images; and(D) demonstrate proper etiquette and knowledge of acceptable use policies, including Creative Common laws and licensing.(9) The student develops career-building characteristics. The student is expected to:(A) maintain and update a portfolio with information such as work experiences, licenses, certifications, and work samples; and(B) demonstrate skills in evaluating and comparing employment opportunities.(10) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks such as creating quotes and budgeting.(11) The student develops an increased understanding of commercial photography. The student is expected to:(A) identify photographs for commercial photography;(B) recognize the elements and principles of art as they apply to a variety of commercial photography projects;(C) use principles of commercial photography such as working with clients, interpreting client instructions, developing production schedules, and delivering products in a competitive market;(D) identify appropriate cameras and lenses;(E) recognize appropriate photographic composition and layout principles;(F) identify the use of appropriate digital black and white and color photography;(G) understand the use of effective photographic lighting techniques, including three-point, studio, portraiture, and product;(H) recognize the elements of professional quality photographs;(I) identify the most appropriate types of photographic paper for projects;(J) recognize appropriate solutions for mounting, matting, or framing photographs;(K) understand appropriate, current, and industry-standard production processes to produce photographs;(L) evaluate photographs using principles of art, commercial photography standards, and critical-thinking skills;(M) identify appropriate resolution and digital file formats;(N) identify and use the principles of design to discuss, analyze, critique, and write about visual aspects of photographic work, including the student's own work; and(O) demonstrate knowledge of the principles of design in photographic work with a focus on composition, color, design, shape, shadow, negative space, and background.</content><note type="source"><p>Source Note: The provisions of this §127.178 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.179"><num value="127.179">§127.179</num><heading>Commercial Photography II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Commercial Photography I and Commercial Photography I Lab. Corequisite: Commercial Photography II. This course must be taken concurrently with Commercial Photography II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Commercial Photography II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in commercial photography span all aspects of the industry from setting up a shot to delivering products in a competitive market. In addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the commercial photography industry with a focus on producing, promoting, and presenting professional quality photographs.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) participate in training, education, or certification for employment;(B) demonstrate positive work behaviors and personal qualities needed to be employable; and(C) demonstrate skills related to seeking, applying for, and obtaining a desired job, including identifying job opportunities, developing a resume and letter of application, completing a job application, and demonstrating effective interview skills.(2) The student applies academic knowledge and skills in commercial photography. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(3) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(4) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for commercial photography projects.(6) The student applies knowledge of commercial photography systems. The student is expected to analyze and summarize the history and evolution of the commercial photography field.(7) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations in a photography studio and lab; and(B) follow emergency procedures.(8) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders with organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(9) The student applies ethical decision making and complies with laws regarding use of technology in commercial photography. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and duplication of images;(C) model respect for intellectual property when manipulating, morphing, and editing digital images; and(D) demonstrate proper etiquette and knowledge of acceptable use policies, including Creative Common laws and licensing.(10) The student develops career-building characteristics. The student is expected to:(A) maintain and update a portfolio to document information such as work experiences, licenses, certifications, and work samples; and(B) demonstrate skills in evaluating and comparing employment opportunities.(11) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to complete work tasks such as creating quotes and budgeting; and(B) demonstrate skills in budgeting and creating quotes for freelance or contract projects.(12) The student develops an increased understanding of commercial photography. The student is expected to:(A) create photographs for defined purposes;(B) apply the elements and principles of art to a variety of commercial photography projects;(C) demonstrate the principles of commercial photography such as working with clients, interpreting client instructions, developing production schedules, and delivering products in a competitive market;(D) demonstrate the use of appropriate cameras and lenses;(E) apply appropriate photographic composition and layout principles;(F) demonstrate appropriate digital black and white and color photography;(G) apply effective photographic lighting techniques, including three point, studio, portraiture, and product;(H) produce professional quality photographs;(I) use the most appropriate types of photographic paper for projects;(J) use the most appropriate solutions for mounting, matting, or framing photographs;(K) demonstrate use of appropriate, current, and industry-standard production processes to produce photographs;(L) evaluate photographs using principles of art, commercial photography standards, and critical-thinking skills; and(M) demonstrate use of appropriate resolution and digital file formats.</content><note type="source"><p>Source Note: The provisions of this §127.179 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.180"><num value="127.180">§127.180</num><heading>Fashion Design I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Arts, Audio/Video Technology, and Communications. Recommended corequisite: Fashion Design I Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in fashion span all aspects of the textile and apparel industries. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the fashion industry with an emphasis on design and construction.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in fashion, textile, and apparel projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) communicate with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, and industry programs for fashion, textiles, and apparel projects.(5) The student understands fashion, textile, and apparel systems. The student is expected to:(A) analyze the history of the fashion, textiles, and apparel field; and(B) compare fashion history relative to current fashions trends.(6) The student applies safety regulations. The student is expected to implement personal and workplace safety rules and procedures. (7) The student applies leadership characteristics in classroom and professional settings. The student is expected to:(A) employ leadership skills;(B) apply characteristics of effective working relationships; (C) participate in groups; and(D) employ mentoring skills.(8) The student applies ethical decision making with laws regarding use of technology in fashion, textiles, and apparel. The student is expected to:(A) exhibit ethical conduct such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) identify and apply copyright laws; and(C) analyze fashion industry influences on society.(9) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student analyzes the nature of fashion. The student is expected to:(A) explain the value of fashion;(B) identify the spectrum of the fashion industry;(C) identify prominent fashion publications;(D) evaluate the fashion cycle; and(E) use appropriate terminology.(11) The student evaluates factors influencing the apparel industry. The student is expected to:(A) describe the interrelationship of the U.S. and international economies;(B) identify and discuss labor laws of the United States and other countries;(C) recognize procedures within the apparel industry that protect the environment; and(D) describe technological advancements influencing the apparel industry.(12) The student analyzes factors that impact consumer purchasing of fashion and apparel accessories. The student is expected to:(A) describe social, cultural, and life cycle influences;(B) explain how fashion trends are determined;(C) analyze the influence of advertising on consumer apparel choices; and(D) determine apparel management techniques for individuals with special needs.(13) The student selects proper care and maintenance practices for apparel. The student is expected to:(A) interpret labeling information to determine care procedures for apparel products;(B) evaluate clothing care products and equipment;(C) determine proper equipment and services related to care, maintenance, and storage of apparel;(D) identify proper safety procedures when using care products and equipment; and(E) analyze the impact of clothing care requirements on clothing selection and the clothing budget.(14) The student applies skills related to commercial care of clothing. The student is expected to:(A) identify procedures to receive, mark, and identify laundry or dry cleaning;(B) identify appropriate laundry and dry cleaning procedures; (C) identify safety and sanitation procedures while laundering, pressing, or dry cleaning;(D) describe commercial laundry or dry cleaning techniques; and(E) identify pressing procedures.(15) The student proposes ways to effectively manage the apparel dollar. The student is expected to:(A) develop a budget for apparel and accessory costs, care, and maintenance;(B) compare various sources for apparel and accessory purchases;(C) analyze the impact of technology on consumer apparel purchasing options; and(D) develop and implement ideas for recycling apparel.(16) The student designs apparel products using principles of effective design. The student is expected to:(A) identify basic body types;(B) identify and apply proportion, balance, emphasis, rhythm, and harmony for specific fashion ensembles;(C) determine clothing silhouettes, fabric selection, and design elements appropriate for specific body types;(D) use design principles to design products for the human form, including adaptations for individuals with special needs;(E) sketch fashion drawings using basic design tools and techniques such as fashion drawing, draping, and flat pattern methods for fitting a garment; and(F) apply technology applications useful in the apparel design process.(17) The student designs apparel products using elements of effective design. The student is expected to:(A) identify and apply shape, line, form, color, and texture for specific fashion ensembles;(B) determine clothing silhouettes, fabric selection, and design elements appropriate for specific body types; and(C) use design elements to design products for the human form, including adaptations for individuals with special needs.</content><note type="source"><p>Source Note: The provisions of this §127.180 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.181"><num value="127.181">§127.181</num><heading>Fashion Design I Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Arts, Audio/Video Technology, and Communications. Corequisite: Fashion Design I. This class must be taken concurrently with Fashion Design I and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Fashion Design I to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in fashion span all aspects of the textile and apparel industries. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the fashion industry with an emphasis on design and construction.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) participate in training, education, or certification for employment;(B) demonstrate positive work behaviors and personal qualities needed to be employable;(C) demonstrate skills related to seeking and applying for employment; and(D) create a career portfolio to document work samples.(2) The student applies academic knowledge and skills in fashion, textile, and apparel projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(3) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) communicate with diverse individuals; and(G) exhibit public relations skills.(4) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, and industry programs for fashion, textiles, and apparel projects.(6) The student analyzes the history of the fashion, textiles, and apparel field. The student is expected to:(A) compare fashion history relative to current fashions trends; and(B) evaluate how historical events and attitudes influence fashion trends.(7) The student applies safety regulations. The student is expected to implement personal and workplace safety rules and procedures. (8) The student applies leadership characteristics in classroom and professional settings. The student is expected to:(A) employ leadership skills;(B) apply characteristics of effective working relationships; (C) participate in groups; and(D) employ mentoring skills.(9) The student applies ethical decision making with laws regarding use of technology in fashion, textiles, and apparel. The student is expected to:(A) exhibit ethical conduct such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) apply copyright laws; and(C) evaluate fashion industry influences on society.(10) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(11) The student analyzes the nature of fashion. The student is expected to:(A) analyze prominent fashion publications; and(B) analyze trends using the fashion cycle.(12) The student analyzes fiber and textile characteristics. The student is expected to:(A) identify fibers and textiles;(B) evaluate water resistance, heat sensitivity, and colorfastness of various textiles;(C) evaluate textile products as to suitability for varied apparel uses; and(D) distinguish textile selvage and grain line.(13) The student selects proper care and maintenance practices for apparel. The student is expected to:(A) use appropriate care procedures for textile products; and(B) use appropriate care procedures for apparel products.(14) The student applies skills related to commercial care of clothing. The student is expected to:(A) demonstrate safety and sanitary procedures while laundering, pressing, or dry cleaning; and(B) demonstrate pressing procedures.(15) The student analyzes the apparel production process from design concept to finished product. The student is expected to:(A) identify and describe equipment needed for the apparel production process; and(B) outline the apparel construction process.(16) The student applies knowledge of fibers, fabrics, and design when evaluating and designing textile products. The student is expected to:(A) identify characteristics and properties of natural and manufactured fibers;(B) describe methods of textile production; and(C) assess the effects of various environmental conditions on textiles.(17) The student demonstrates effective repair and alteration techniques. The student is expected to:(A) use appropriate measurement tools and measurement units;(B) demonstrate appropriate use, selection, and care of equipment, tools, and notions;(C) apply design principles and elements when altering apparel;(D) apply safety procedures while operating equipment; and(E) determine apparel design and alterations to accommodate individuals with special needs.(18) The student demonstrates effective construction techniques. The student is expected to:(A) apply principles of quality apparel construction;(B) apply design principles and elements when designing and constructing apparel;(C) apply appropriate construction and pressing techniques in apparel and textile construction; and(D) describe pattern parts and terminology.</content><note type="source"><p>Source Note: The provisions of this §127.181 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.182"><num value="127.182">§127.182</num><heading>Fashion Design II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Fashion Design I. Recommended corequisite: Fashion Design II Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in fashion span all aspects of the textile and apparel industries. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the fashion industry with an emphasis on design and construction.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in fashion, textile, and apparel projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) communicate with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, and industry programs for fashion, textiles, and apparel projects.(5) The student analyzes the history of the fashion, textiles, and apparel field. The student is expected to analyze fashion history relative to current fashions trends.(6) The student applies safety regulations. The student is expected to implement personal and workplace safety rules and procedures. (7) The student applies leadership characteristics in classroom and professional settings. The student is expected to:(A) employ leadership skills to accomplish collective goals;(B) establish and maintain practices for effective working relationships such as providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions;(C) conduct and participate in meetings using parliamentary procedure; and(D) employ mentoring skills to inspire others.(8) The student demonstrates ethical decision making and complies with legal practices pertaining to fashion, textiles, and apparel. The student is expected to:(A) exhibit ethical conduct as defined by the fashion and apparel industries;(B) apply copyright laws;(C) model respect for intellectual property;(D) demonstrate knowledge of acceptable use policies;(E) summarize the rights and responsibilities of employers and employees; and(F) analyze legal aspects of the fashion and apparel industries.(9) The student applies advanced technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student describes how garment development and fashion have evolved from ancient times to present day. The student is expected to:(A) evaluate significant historic fashions from early civilizations to today;(B) describe social influences that have affected fashion; (C) explain values communicated through clothing in specific historical periods;(D) show the influence of historic fashions on current-year fashion; and(E) identify prominent historical designers.(11) The student analyzes various types of worldwide fashion production. The student is expected to:(A) describe mass production techniques; and(B) describe the development of haute couture.(12) The student determines design influences on the fashion industry. The student is expected to:(A) explain the role of leading designers in determining fashion trends;(B) analyze international factors affecting fashion design;(C) determine the impact of technology on the design industry; and(D) determine the impact of design decisions on product cost.(13) The student creates a portfolio of fashion designs. The student is expected to:(A) demonstrate fashion figure drawing;(B) apply design elements and principles to create fashion drawings;(C) demonstrate the properties and characteristics of color;(D) use computer-aided techniques to create fashion designs;(E) select appropriate textiles to use in specific designs; and(F) assemble portfolio components to present fashion designs.(14) The student demonstrates basic techniques in personal fashion image analysis. The student is expected to:(A) describe techniques used to analyze the fashion image of individual clients;(B) analyze factors involved in fashion image consulting such as personal coloring, color harmonies, appropriate fabric textures, body proportion and silhouette, figure, facial and hair analysis, and wardrobe coordination; and(C) develop a personal fashion image evaluation for an individual.</content><note type="source"><p>Source Note: The provisions of this §127.182 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.183"><num value="127.183">§127.183</num><heading>Fashion Design II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Fashion Design I. Corequisite: Fashion Design II. This course must be taken concurrently with Fashion Design II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Fashion Design II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in fashion span all aspects of the textile and apparel industries. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the fashion industry with an emphasis on design and construction.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and participate in training, education, or certification for employment;(B) identify and demonstrate positive work behaviors and personal qualities needed to be employable;(C) demonstrate skills related to seeking and applying for employment to find and obtain a desired job;(D) create a career portfolio to document information such as work experiences, licenses, certifications, and work samples; and(E) examine employment opportunities in entrepreneurship.(2) The student applies academic knowledge and skills in fashion, textile, and apparel projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(3) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) communicate with diverse individuals; and(G) exhibit public relations skills.(4) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, word processors, industry programs, slide show presentation, and spreadsheet applications for fashion, textiles, and apparel projects. (6) The student understands fashion, textile, and apparel systems. The student is expected to analyze and summarize the history and evolution of the fashion, textiles, and apparel field.(7) The student applies safety regulations. The student is expected to implement personal and workplace safety rules and procedures. (8) The student applies leadership characteristics in classroom and professional settings. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (C) conduct and participate in meetings using parliamentary procedure; and(D) employ mentoring skills to inspire and teach others.(9) The student demonstrates ethical decision making and complies with legal practices pertaining to fashion, textiles, and apparel. The student is expected to:(A) exhibit ethical conduct;(B) apply copyright laws;(C) model respect for intellectual property;(D) demonstrate knowledge of acceptable use policies;(E) summarize the rights and responsibilities of employers and employees;(F) exhibit ethical practices as defined by the fashion and apparel industries; and(G) analyze legal aspects of the fashion and apparel industries.(10) The student applies advanced technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(11) The student performs operations for various roles in the fashion industry. The student is expected to:(A) identify tasks that employees may perform;(B) follow procedures identified for performing tasks; and(C) apply resource management procedures when completing assigned tasks.(12) The student determines textile suitability for specific applications and uses. The student is expected to:(A) compare processes for dyeing, printing, and finishing used in the textile industry;(B) explain how finishes affect the characteristics of fabrics; and(C) recommend care procedures for various textile products. (13) The student determines implications of textile characteristics on apparel and fashion. The student is expected to:(A) outline the textile design process from concept to finished product;(B) differentiate types and methods of textile production; (C) summarize implications and methods of dyeing, printing, and finishing of textiles;(D) determine textile and apparel labeling requirements; and(E) determine factors affecting the cost of textile products.(14) The student creates a portfolio of fashion designs. The student is expected to:(A) demonstrate fashion figure drawing;(B) apply design elements and principles to create fashion drawings;(C) use computer-aided techniques to create fashion designs;(D) select appropriate textiles to use in specific designs; and(E) assemble portfolio components to present fashion designs.(15) The student produces quality fashion products. The student is expected to:(A) outline general procedures and equipment used in apparel design and pattern development;(B) construct custom made garments using appropriate tools, equipment, and supplies;(C) develop garments for proper fit;(D) apply correct procedures used in garment fitting, pattern making, and pattern alterations;(E) construct custom made garments; and(F) demonstrate safety practices related to garment construction.(16) The student demonstrates basic techniques in personal fashion image analysis. The student is expected to:(A) describe techniques used to analyze the fashion image of individual clients;(B) analyze factors involved in fashion image consulting such as personal coloring, color harmonies, appropriate fabric textures, body proportion and silhouette, figure, facial and hair analysis, and wardrobe coordination; and(C) develop a personal fashion image evaluation for an individual.</content><note type="source"><p>Source Note: The provisions of this §127.183 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.184"><num value="127.184">§127.184</num><heading>Graphic Design and Illustration I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Arts, Audio/Video Technology, and Communications. Recommended corequisite: Graphic Design and Illustration I Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster is focused on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in graphic design and illustration span all aspects of the advertising and visual communications industries. Within this context, in addition to developing knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the industry with a focus on fundamental elements and principles of visual art and design.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in art and design projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student understands professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(3) The student understands and employs problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, and presentation applications for art and design projects.(5) The student understands design systems. The student is expected to analyze and summarize the history and evolution of related fields.(6) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills;(B) employ teamwork and conflict-management skills;(C) conduct and participate in meetings; and(D) employ mentoring skills.(8) The student applies ethical decision making and understands and complies with laws regarding use of technology in graphic design and illustration. The student is expected to:(A) exhibit ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and acquisition;(C) model respect for intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) analyze the impact of the advertising and visual communication design industry on society.(9) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student develops an increasing understanding of graphic design and illustration. The student is expected to research art and design career opportunities and qualifications.(11) The student researches the history and evolution of art and design. The student is expected to:(A) explain the history of visual arts and design;(B) understand general characteristics in artwork from a variety of cultures; and(C) compare current visual arts technologies with historical technologies.(12) The student conducts oral or written critiques of designs. The student is expected to:(A) interpret, evaluate, and justify design decisions;(B) apply a critical method of evaluation;(C) communicate an oral or written defense; and(D) evaluate oral or written feedback.(13) The student demonstrates an understanding of artistic design. The student is expected to analyze and apply art elements and principles in photographic works, multimedia applications, and digital and print media.(14) The student employs a creative design process to create original two- or three-dimensional projects. The student is expected to:(A) create designs for defined applications;(B) apply elements of design;(C) apply design principles and typography;(D) use good composition;(E) demonstrate anatomical figure drawing;(F) demonstrate drawing in one-point, two-point, and multi-point perspective;(G) create a project by applying color; and(H) apply printing concepts.</content><note type="source"><p>Source Note: The provisions of this §127.184 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.185"><num value="127.185">§127.185</num><heading>Graphic Design and Illustration I Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Arts, Audio/Video Technology, and Communications. Corequisite: Graphic Design and Illustration I. This class must be taken concurrently with Graphic Design and Illustration I and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Graphic Design and Illustration I to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster is focused on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in graphic design and illustration span all aspects of the advertising and visual communications industries. Within this context, in addition to developing knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an understanding of the industry with a focus on fundamental elements and principles of visual art and design.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and participate in training, education, or certification for employment;(B) identify and demonstrate positive work behaviors and personal qualities needed to be employable;(C) demonstrate skills related to seeking employment to find and obtain a desired job;(D) maintain a career portfolio to document information such as work experiences, licenses, certifications, and work samples; and(E) examine employment opportunities in entrepreneurship.(2) The student applies academic knowledge and skills in art and design projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(3) The student understands professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(4) The student understands and employs problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(5) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing and presentation applications for art and design projects.(6) The student understands design systems. The student is expected to analyze and summarize the history and evolution of related fields.(7) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(8) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills;(B) employ teamwork and conflict-management skills;(C) conduct and participate in meetings; and(D) employ mentoring skills.(9) The student applies ethical decision making and understands and complies with laws regarding use of technology in graphic design and illustration. The student is expected to:(A) exhibit ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) apply copyright laws in relation to fair use and acquisition;(C) model respect for intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) analyze the impact of the advertising and visual communication design industry on society.(10) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(11) The student develops an increasing understanding of graphic design and illustration. The student is expected to research art and design career opportunities and qualifications.(12) The student researches the history and evolution of art and design. The student is expected to:(A) explain the history of visual arts and design;(B) understand general characteristics in artwork from a variety of cultures; and(C) compare current visual arts technologies with historical technologies.(13) The student conducts oral or written critiques of designs. The student is expected to:(A) interpret, evaluate, and justify design decisions;(B) apply a critical method of evaluation;(C) communicate an oral or written defense; and(D) evaluate oral or written feedback.(14) The student demonstrates an understanding of artistic design. The student is expected to analyze and apply art elements and principles in photographic works, multimedia applications, and digital and print media.(15) The student employs a creative design process to create original two- or three-dimensional projects. The student is expected to:(A) create designs for defined applications;(B) apply elements of design;(C) apply design principles and typography;(D) use good composition;(E) demonstrate anatomical figure drawing;(F) demonstrate drawing in one-point, two-point, and multi-point perspective;(G) create a project by applying color; and(H) apply printing concepts.</content><note type="source"><p>Source Note: The provisions of this §127.185 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.186"><num value="127.186">§127.186</num><heading>Graphic Design and Illustration II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Graphic Design and Illustration I. Recommended corequisite: Graphic Design and Illustration II Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster is focused on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in graphic design and illustration span all aspects of the advertising and visual communications industries. Within this context, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced understanding of the industry with a focus on mastery of content knowledge and skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in art and design projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student understands and employs problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(3) The student applies knowledge of design systems. The student is expected to analyze and summarize the history and evolution of related fields.(4) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(5) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills;(B) employ teamwork and conflict-management skills;(C) conduct and participate in meetings; and(D) employ mentoring skills.(6) The student applies ethical decision making and complies with laws regarding use of technology in art and design. The student is expected to:(A) exhibit ethical conduct;(B) apply copyright laws;(C) model respect for intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) identify the impact of the advertising and visual communication design industry on society.(7) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(8) The student develops an advanced understanding of graphic design and illustration. The student is expected to:(A) interpret, evaluate, and justify design decisions;(B) participate in oral or written critiques of designs by applying a critical method of evaluation; and(C) identify and apply art elements and principles to designs and illustrations.</content><note type="source"><p>Source Note: The provisions of this §127.186 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.187"><num value="127.187">§127.187</num><heading>Graphic Design and Illustration II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Graphic Design and Illustration I. Corequisite: Graphic Design and Illustration II. This course must be taken concurrently with Graphic Design and Illustration II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Graphic Design and Illustration II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster is focused on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in graphic design and illustration span all aspects of the advertising and visual communications industries. Within this context, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced understanding of the industry with a focus on mastery of content knowledge and skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) participate in training, education, or certification for employment;(B) demonstrate positive work behaviors and personal qualities needed to be employable;(C) demonstrate skills related to seeking and applying for employment to find and obtain a desired job, including identifying job opportunities, developing a resume and letter of application, completing a job application, and demonstrating effective interview skills;(D) maintain a career portfolio to document information such as work experiences, licenses, certifications, and work samples; and(E) demonstrate skills in evaluating and comparing employment opportunities.(2) The student applies academic knowledge and skills in art and design projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(3) The student demonstrates professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) demonstrate active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills.(4) The student applies technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, and presentation applications for art and graphic design projects.(5) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(6) The student demonstrates ethical decision making and complies with laws regarding use of technology in art and design. The student is expected to:(A) exhibit ethical conduct;(B) apply copyright laws;(C) model respect for intellectual property; and(D) demonstrate proper etiquette and knowledge of acceptable use policies.(7) The student applies technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(8) The student develops an advanced understanding of graphic design and illustration. The student is expected to interpret, evaluate, and justify design decisions.(9) The student participates in oral or written critiques of designs. The student is expected to:(A) apply a critical method of evaluation;(B) communicate an oral or written defense; and(C) identify and demonstrate art elements and principles in designs and illustrations.(10) The student employs a creative design process to create original two- or three-dimensional projects. The student is expected to:(A) create designs for defined applications;(B) demonstrate elements of design;(C) demonstrate design principles and typography;(D) use appropriate composition;(E) use anatomically appropriate figure drawing;(F) use appropriate perspective;(G) use the most effective color choices in projects; and(H) use printing concepts.</content><note type="source"><p>Source Note: The provisions of this §127.187 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.188"><num value="127.188">§127.188</num><heading>Professional Communications (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. This course satisfies a speech credit or skills graduation requirement. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Professional Communications blends written, oral, and graphic communication in a career-based environment. Careers in the global economy require individuals to be creative and have a strong background in computer and technology applications, a strong and solid academic foundation, and a proficiency in professional oral and written communication. Within this context, students will be expected to develop and expand the ability to write, read, edit, speak, listen, apply software applications, manipulate computer graphics, and conduct Internet research.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies English language arts in professional communications projects. The student is expected to:(A) demonstrate use of content, technical concepts, and vocabulary;(B) use correct grammar, punctuation, and terminology to write and edit documents;(C) identify assumptions, purpose, outcomes, solutions, and propaganda techniques;(D) compose and edit copy for a variety of written documents;(E) evaluate oral and written information; and(F) research topics for the preparation of oral and written communications.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) develop and interpret tables, charts, and figures;(G) listen to and speak with diverse individuals; and(H) exhibit public relations skills.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student uses technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio and video production projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student understands communications systems. The student is expected to:(A) describe the nature and types of businesses;(B) analyze and summarize the history and evolution of the various related fields of study; and(C) analyze the economic base in order to demonstrate an understanding of the economic factors influencing the industry as a whole.(6) The student applies safety regulations. The student is expected to:(A) implement personal and classroom safety rules and regulations; and(B) follow emergency procedures as needed.(7) The student identifies and develops leadership characteristics. The student is expected to:(A) identify leadership characteristics; and(B) participate in student leadership and professional development activities.(8) The student applies ethical decision making and understands and complies with laws regarding use of technology in communications. The student is expected to:(A) exhibit ethical conduct;(B) discuss copyright laws in relation to fair use and duplication of materials;(C) analyze the impact of communications on society; and(D) understand and exhibit digital citizenship.(9) The student applies technical skills for efficiency. The student is expected to:(A) employ planning and time-management skills to relate to professional communications; and(B) use technology to enhance productivity.(10) The student develops an understanding of professional communications through exploration of the Arts, Audio Visual Technology, and Communications Career Cluster. The student is expected to:(A) develop an understanding of the evolution of the arts, audio/video technology, and communications career field, including the history, foundation elements, principles, and communicative effects;(B) demonstrate knowledge of the communication process, including the characteristics of oral language, types and effects of nonverbal communication, effective nonverbal strategies such as a firm handshake, direct eye contact, and appropriate use of space and distance;(C) demonstrate knowledge of the components of the listening process and specific kinds of listening such as critical, deliberative, and empathetic;(D) identify and analyze ethical and social responsibilities of communicators;(E) demonstrate knowledge of various communication processes in professional contexts, including using effective communication skills; analyzing standards for appropriate use of informal, standard, and technical language; making appropriate and important communication decisions based on accurate and complete information; and recognizing and analyzing appropriate channels of communication in organizations;(F) use appropriate interpersonal communication strategies in professional contexts, including using different types of professional communication and communication management skills and observing professional etiquette;(G) demonstrate knowledge of the interview process, including effective communication as interviewee and interviewer, and federal employment laws regarding interviews;(H) identify and use appropriate strategies for communicating with a variety of audiences;(I) identify the types, purposes, dynamics, processes, effectiveness, roles of members, and leadership styles of professional groups;(J) communicate effectively in group contexts by assuming productive roles, solving problems, managing conflicts, and building consensus in groups;(K) research formal and informal professional presentations by analyzing the audience, occasion, purpose, and primary and secondary sources; determining specific topics for presentations; and evaluating sources using media literacy strategies such as recognizing bias, misinformation, untruths, and source credibility;(L) develop formal and informal professional presentations using effective strategies to organize presentations, using information to support points in presentations, preparing scripts or notes, using visual or auditory aids to enhance presentations, and providing credit for information sources;(M) conduct formal and informal professional presentations using effective verbal and nonverbal strategies to inform, persuade, or motivate an audience;(N) use appropriate techniques to manage communication apprehension and build self-confidence;(O) evaluate formal and informal professional presentations by participating in question-and-answer sessions following presentations, applying critical-listening strategies, and evaluating the effectiveness of presentations, including self-evaluation;(P) participate in an informative or persuasive group discussion;(Q) use a variety of strategies to acquire information from electronic resources;(R) acquire electronic information in a variety of formats;(S) use research skills and electronic communications;(T) format digital information for appropriate and effective communication in a product by defining the purpose, identifying the intended audience, and using the principles of page design such as leading, kerning, automatic text flow into linked columns, widows, orphans, and text wrap;(U) apply desktop publishing to create products using word processing programs, editing products, or drawing programs; design elements such as text, graphics, headlines, color, white space; typography concepts, including font size and style; and graphic design concepts such as contrast, alignment, repetition, and proximity;(V) develop and reference technical documentation; and(W) deliver digital products in a variety of appropriate media.</content><note type="source"><p>Source Note: The provisions of this §127.188 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.189"><num value="127.189">§127.189</num><heading>Digital Design and Media Production (One Credit)</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 9-12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.(3) Digital Design and Media Production will allow students to demonstrate creative thinking, develop innovative strategies, and use communication tools in order to work effectively with others as well as independently. Students will gather information electronically, which will allow for problem solving and making informed decisions regarding media projects. Students will learn digital citizenship by researching current laws and regulations and by practicing integrity and respect. Students will demonstrate a thorough understanding of digital design principles that is transferable to other disciplines. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student employs a creative design process to create original projects as they relate to purposes and audiences. The student is expected to:(A) create designs for defined projects such as graphics, logos, and page layouts;(B) apply design elements and typography standards; and(C) use visual composition principles.(2) Communication and collaboration. The student understands professional digital media communications strategies. The student is expected to:(A) adapt the language and design of a project for audience, purpose, situation, and intent;(B) organize oral, written, and graphic information into formal and informal publications;(C) interpret and communicate information to multiple audiences; and(D) collaborate to create original projects, including seeking and responding to advice from others such as peers or experts in the creation and evaluation process.(3) Research and information fluency. The student uses a variety of strategies to plan, obtain, evaluate, and use valid information. The student is expected to:(A) obtain print and digital information such as graphics, audio, and video from a variety of resources while citing the sources;(B) evaluate information for accuracy and validity; and(C) present accurate information using techniques appropriate for the intended audience.(4) Critical thinking, problem solving, and decision making. The student implements problem-solving methods using critical-thinking skills to plan, implement, manage, and evaluate projects; solve problems; and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) employ critical-thinking and interpersonal skills to solve problems and make decisions through planning and gathering, interpreting, and evaluating data;(B) identify and organize the tasks for completion of a project using the most appropriate digital tools;(C) distinguish design requirements as they relate to the purposes and audiences of a project and apply appropriate design elements;(D) seek and respond to input from others, including peers, teachers, and outside collaborators;(E) evaluate a process and project both independently and collaboratively and make suggested revisions; and(F) transfer critical-thinking, problem-solving, and decision-making processes when using new technologies.(5) Digital citizenship. The student complies with standard practices and behaviors and upholds legal and ethical responsibilities. The student is expected to:(A) examine copyright and fair use guidelines with regard to print and digital media;(B) model ethical and legal acquisition and use of digital resources such as licensing and established methods of citing sources;(C) demonstrate proper digital etiquette, personal security guidelines, use of network resources, and application of the district's acceptable use policy for technology; and(D) identify and demonstrate positive personal qualities such as flexibility, open-mindedness, initiative, listening attentively to speakers, willingness to learn new knowledge and skills, and pride in quality work.(6) Technology operations and concepts. The student uses technology concepts, systems, and operations as appropriate for a project. The student is expected to:(A) define the purpose of a product and identify the specified audience;(B) demonstrate appropriate project management to:(i) create a plan for a media project such as a storyboard, stage development, and identification of equipment and resources; and(ii) evaluate design, content delivery, purpose, and audience throughout a project's timeline and make suggested revisions until completion of the project;(C) use hardware, software, and information appropriate to a project and its audience to:(i) acquire readily available digital information, including text, audio, video, and graphics, citing the sources;(ii) create digital content through the use of various devices such as video camera, digital camera, scanner, microphone, interactive whiteboard, video capture, and musical instrument;(iii) collaborate via online tools such as blogs, discussion boards, email, and online learning communities;(iv) make decisions regarding the selection and use of software, taking into consideration operating system platform, quality, appropriateness, effectiveness, and efficiency;(v) delineate and make necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity; and(vi) demonstrate the ability to import and export elements from one program to another;(D) use digital typography standards such as:(i) one space after punctuation, the use of em- and en-dashes, and smart quotation marks;(ii) categories of type, font, size, style, and alignment appropriate for the task;(iii) type techniques such as drop cap, decorative letters, or embedded text frames as graphic elements;(iv) leading and kerning, automatic text flow into linked columns, widows and orphans, and text wrap; and(v) type measurement for inches and picas;(E) apply design and layout principles and techniques to:(i) incorporate the principles of design, including balance, contrast, dominant element, white space, consistency, repetition, alignment, and proximity;(ii) apply the elements of design, including text, graphics, and white space;(iii) apply color principles appropriate to the product in order to communicate the mood for the specific audience;(iv) identify the parts of pages, including inside margin, outside margin, and gutter;(v) create a master template, including page specifications and other repetitive elements; and(vi) use style sheets, including a variety of type specifications such as typeface, style, size, alignment, indents, and tabs;(F) demonstrate appropriate use of digital photography and editing to:(i) use digital photography equipment to capture still-shot images that incorporate various photo composition techniques, including lighting, perspective, candid versus posed, rule of thirds, and filling the frame;(ii) transfer digital images from equipment to the computer; and(iii) demonstrate image enhancement techniques such as feathering, layering, color enhancement, and image selection using appropriate digital manipulation software;(G) demonstrate appropriate use of videography equipment and techniques to:(i) use digital photography equipment to capture video that incorporates video principles such as lighting, zooming, panning, and stabilization;(ii) transfer video from equipment to the computer;(iii) demonstrate videographic enhancement and editing techniques such as transitions, zooming, content editing, and synchronizing audio and video using appropriate digital manipulation software; and(iv) export video in digital formats to be used in various delivery systems such as podcasting, downloadable media, embedding, and streaming; and(H) deploy digital media into print, web, and video products to:(i) produce digital files in various formats such as portable document format (PDF), portable network graphics (PNG), and HyperText Markup Language (HTML);(ii) publish integrated digital content such as video, audio, text, graphics, and motion graphics following appropriate digital etiquette standards;(iii) publish and share projects using online methods such as social media and collaborative sites;(iv) incorporate various digital media into a printed document such as a newsletter, poster, or report;(v) use printing options such as tiling, color separations, and collation; and(vi) collect and organize student-created products to build an individual portfolio.</content><note type="source"><p>Source Note: The provisions of this §127.189 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.190"><num value="127.190">§127.190</num><heading>Digital Art and Animation (One Credit)</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: Art, Level I. This course is recommended for students in Grades 9-12. This course satisfies the high school fine arts graduation requirement.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.(3) Digital Art and Animation consists of computer images and animations created with digital imaging software. Digital Art and Animation has applications in many careers, including graphic design, advertising, web design, animation, corporate communications, illustration, character development, script writing, storyboarding, directing, producing, inking, project management, editing, and the magazine, television, film, and game industries. Students in this course will produce various real-world projects and animations. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates creative thinking, constructs knowledge, and develops innovative products and processes using technology. The student is expected to:(A) evaluate, edit, and create scripts for animations;(B) identify and apply color theories, including harmony rules, tints, shades, gradients, color mixing, new color creation, and the visual impacts of specific color combinations using a digital format;(C) compare, contrast, and integrate the basic sound editing principles, including mixing and manipulating wave forms, audio tracks, and effects;(D) compare and contrast the rules of composition such as the rule of thirds or the golden section/rectangle with respect to harmony and balance;(E) evaluate the fundamental concepts of a digital art and design such as composition, perspective, angles, lighting, repetition, proximity, white space, balance, and contrast;(F) analyze digital art designs to interpret the point of interest, the prominence of the subject, and visual parallels between the structures of natural and human-made environments;(G) distinguish among typefaces while recognizing and resolving conflicts that occur through the use of typography as a design element;(H) use perspective, including backgrounds, light, shades and shadows, hue and saturation, and scale, to capture a focal point and create depth;(I) use the basic principles of design such as proportion, balance, variety, emphasis, harmony, symmetry, and unity in type, color, size, line thickness, shape, and space;(J) edit files using appropriate digital editing tools and established design principles such as consistency, repetition, alignment, proximity, white space, image file size, color use, and font size, type, and style; and(K) identify pictorial qualities in a design such as shape and form, space and depth, or pattern and texture to create visual unity and desired effects in designs.(2) Communication and collaboration. The student uses digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning experience of others. The student is expected to:(A) use vocabulary as it relates to digital art, audio, and animation;(B) demonstrate the use of technology to participate in self-directed and collaborative activities within the global community; (C) participate in electronic communities;(D) create technology specifications for tasks and rubrics for the evaluation of products;(E) design and implement procedures to track trends, set timelines, and evaluate products;(F) collaborate with peers in delineating technological tasks;(G) publish and save information in a variety of ways, including print or digital formats;(H) analyze and evaluate projects for design, content delivery, purpose, and audience; and(I) critique original digital artwork, portfolios, and products with peers.(3) Research and information fluency. The student applies digital tools to gather, evaluate, and use information. The student is expected to:(A) distinguish between and correctly apply process color (RGB and CYMK), spot color, and black or white;(B) research the history of digital art and animation;(C) research career choices in digital art and animation;(D) use the Internet to retrieve information in an electronic format;(E) demonstrate the appropriate use of digital imaging, video integration, and sound retrieved from an electronic format;(F) import sounds from a variety of sources; and(G) create planning designs such as rough sketches, storyboards, and brainstorming materials.(4) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) distinguish between and use the components of animation software programs such as cast, score, stage, and the animation manipulation interface;(B) distinguish between and use different animation techniques such as path and cell animation, onion skinning, and tweening; (C) create three-dimensional effects by layering images such as foreground, middle distance, and background images;(D) apply a variety of color schemes such as monochromatic, analogous, complementary, primary/secondary triads, cool/warm colors, and split complements to digital designs;(E) use the basic concepts of color and design theory such as working in a bitmapped and vector mode to create backgrounds, characters, and other cast members as needed for the animation;(F) use the appropriate scripting language or program code to create an animation;(G) use a variety of lighting techniques such as shadows and shading to create effects; and(H) define the design attributes and requirements of products created for a variety of purposes such as posters, billboards, logos, corporate identity, advertisements, book jackets, brochures, and magazines.(5) Digital citizenship. The student understands human, cultural, and societal issues related to technology and practices legal and ethical behavior. The student is expected to:(A) discuss copyright laws/issues and use of digital information such as attributing ideas and citing sources using established methods;(B) define plagiarism and model respect of intellectual property;(C) demonstrate proper digital etiquette and knowledge of acceptable use policies when using technology; and(D) evaluate the validity and reliability of sources.(6) Technology operations and concepts. The student demonstrates a sound understanding of technology concepts, systems, and operations. The student is expected to:(A) demonstrate knowledge and appropriate use of operating systems, software applications, and communication and networking components; (B) make decisions regarding the selection and use of software and Internet resources;(C) make necessary adjustments regarding compatibility issues with digital file formats, importing and exporting data, and cross-platform compatibility; and(D) read, use, and develop technical documentation.</content><note type="source"><p>Source Note: The provisions of this §127.190 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.191"><num value="127.191">§127.191</num><heading>3-D Modeling and Animation (One Credit)</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: Art, Level I. This course is recommended for students in Grades 9-12. This course satisfies the high school fine arts graduation requirement.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.(3) 3-D Modeling and Animation consists of computer images created in a virtual three-dimensional (3-D) environment. 3-D Modeling and Animation has applications in many careers, including criminal justice, crime scene, and legal applications; construction and architecture; engineering and design; and the movie and game industries. Students in this course will produce various 3-D models of real-world objects. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates creative thinking, constructs knowledge, and develops innovative products and processes using technology. The student is expected to:(A) evaluate, edit, and create scripts for animations;(B) identify and apply color theories, including harmony rules, tints, shades, gradients, color mixing, new color creation, and the visual impacts of specific color combinations using a digital format;(C) apply texture, transparency, skinning, and contour along a 3-D object surface;(D) compare, contrast, and integrate the basic sound editing principles, including mixing and manipulating wave forms, audio tracks, and effects;(E) compare and contrast the rules of composition such as the rule of thirds or the golden section/rectangle with respect to harmony and balance;(F) evaluate the fundamental concepts of 3-D modeling and design such as composition, perspective, angles, lighting, repetition, proximity, white space, balance, and contrast;(G) analyze 3-D model objects to interpret the point of interest, the prominence of the subject, and visual parallels between the structures of natural and human-made environments;(H) distinguish among typefaces while recognizing and resolving conflicts that occur through the use of typography as a design element;(I) use perspective, including spot and directional light, backgrounds, ambience, shades and shadows, and hue and saturation; (J) use the basic principles of design such as proportion, balance, variety, emphasis, harmony, symmetry, and unity in type, color, size, line thickness, shape, and space;(K) edit files using appropriate digital editing tools and established design principles such as consistency, repetition, alignment, proximity, white space, image file size, color use, font size, type, and style; and(L) identify pictorial qualities in a design such as shape and form, space and depth, or pattern and texture to create visual unity and desired effects in designs.(2) Communication and collaboration. The student uses digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning experience of others. The student is expected to:(A) use vocabulary as it relates to digital art, audio, and animation;(B) demonstrate the use of technology to participate in self-directed and collaborative activities within the global community; (C) participate in electronic communities;(D) create technology specifications for tasks and rubrics for the evaluation of products;(E) design and implement procedures to track trends, set timelines, and evaluate products;(F) collaborate with peers in delineating technological tasks;(G) publish and save information in a variety of ways, including print or digital formats;(H) analyze and evaluate projects for design, content delivery, purpose, and audience; and(I) critique original 3-D digital artwork, portfolios, and products with peers.(3) Research and information fluency. The student applies digital tools to gather, evaluate, and use information. The student is expected to:(A) distinguish among and correctly apply process color (RGB and CYMK), spot color, and black or white;(B) research the history of 3-D modeling and 3-D animation; (C) research career choices in 3-D modeling and 3-D animation;(D) use the Internet to retrieve information in an electronic format;(E) demonstrate the appropriate use of 3-D objects, digital imaging, video integration, and sound retrieved from an electronic format;(F) import sounds from a variety of sources; and(G) create planning designs such as rough sketches, storyboards, and brainstorming materials.(4) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) distinguish between and use the components of 3-D animation software programs such as cast, score, environment, the X-Y-Z coordinate system, and the animation manipulation interface;(B) distinguish between and use the different 3-D modeling techniques such as box modeling, transformation, and polygon primitives using extrusion and rotation;(C) distinguish between and use the different 3-D animation techniques such as path and rendering using dynamics and physics;(D) apply a variety of color schemes such as monochromatic, analogous, complementary, primary/secondary triads, cool/warm colors, and split complements to digital designs;(E) use the basic concepts of color and design theory such as working with 3-D models and environments, characters, objects, and other cast members as needed for the animation;(F) use the appropriate rendering techniques to create an animation;(G) use a variety of lighting techniques such as shadow, shading, point, spot, directional, and ambient to create effects; and(H) define the design attributes and requirements of a 3-D animation project.(5) Digital citizenship. The student understands human, cultural, and societal issues related to technology and practices legal and ethical behavior. The student is expected to:(A) discuss copyright laws/issues and use of digital information such as attributing ideas and citing sources using established methods;(B) define plagiarism and model respect of intellectual property;(C) demonstrate proper digital etiquette and knowledge of acceptable use policies when using technology; and(D) evaluate the validity and reliability of sources.(6) Technology operations and concepts. The student demonstrates a sound understanding of technology concepts, systems, and operations. The student is expected to:(A) demonstrate knowledge and appropriate use of operating systems, software applications, and communication and networking components; (B) make decisions regarding the selection and use of software and Internet resources;(C) make necessary adjustments regarding compatibility issues with digital file formats, importing and exporting data, and cross-platform compatibility; and(D) read, use, and develop technical documentation.</content><note type="source"><p>Source Note: The provisions of this §127.191 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.192"><num value="127.192">§127.192</num><heading>Digital Communications in the 21st Century (One Credit)</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 9-12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.(3) Digital Communications in the 21st Century will prepare students for the societal demands of increased civic literacy, independent working environments, global awareness, and the mastery of a base set of analysis and communication skills. Students will be expected to design and present an effective product based on well-researched issues in order to thoughtfully propose suggested solutions to authoritative stakeholders. The outcome of the process and product approach is to provide students an authentic platform to demonstrate effective application of multimedia tools within the contexts of global communication and collaborative communities and appropriately share their voices to affect change that concerns their future. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates the ability to analyze, evaluate, and adapt during the creative problem-solving process and demonstrates creative thinking in developing solutions to real-world issues using digital tools. The student is expected to:(A) generate innovative, sustainable solutions for real-world issues such as global warming, immigration, or the global economy using emerging digital tools;(B) gather and evaluate accurate information for feasibility and practicality as a basis for making communication decisions; and(C) analyze the ethical and social responsibilities as a project team when communicating with peers, stakeholders, and experts.(2) Creativity and innovation. The student uses innovative thinking to develop new ideas and processes for solving real-world issues and conveying those ideas to a global audience through a persuasive digital product. The student is expected to:(A) examine real-world issues relating to current topics such as health care, government, business, or aerospace;(B) develop innovative solutions to address issues;(C) create unique methods and products conveying solutions to audiences beyond the classroom such as school officials, non-profit organizations, higher education officials, government, or other stakeholders; (D) demonstrate the effective use and importance of verbal and nonverbal communication skills when presenting ideas and solutions to diverse audiences; and(E) use appropriate techniques to manage communication apprehension, build self-confidence, and gain command of information.(3) Communication and collaboration. The student develops a process to effectively communicate with peers, experts, and other audiences about current issues and solutions to global problems. The student is expected to:(A) demonstrate innovative uses of a wide range of emerging technologies, including online learning, mobile devices, digital content, and Web 2. 0 tools such as podcasting, wikis, and blogs;(B) participate within appropriate electronic communities as a learner, initiator, and contributor;(C) extend the learning environment beyond the school walls using appropriate digital tools;(D) collaborate with a variety of field experts;(E) prepare for, organize, and participate in an informative or persuasive group discussion with an audience; and(F) participate appropriately in conversations by making clear requests, giving accurate directions, and asking purposeful questions.(4) Communication and collaboration. The student uses digital tools to facilitate collaboration and communication in the design, development, and evaluation of products offering solutions to real-world issues. The student is expected to:(A) design and organize resources to create an effective collaborative working environment that enables a group to investigate a local, state, national, or global issue;(B) analyze and evaluate effective communication;(C) demonstrate leadership by managing project activities such as timelines, research, product development, marketing material, and effective communication skills;(D) demonstrate effective management of diverse peer-group dynamics such as solving problems, managing conflicts, and building consensus; and(E) evaluate original products for accuracy, validity, and compliance with copyright laws.(5) Research and information fluency. The student uses a variety of strategies to acquire and evaluate information relating to real-world issues. The student is expected to:(A) locate authoritative information from primary and secondary sources such as field experts, online full-text databases, or current news databases;(B) make decisions regarding the selection, acquisition, and use of information gathered, taking into consideration its quality, appropriateness, effectiveness, and level of interest to society; and(C) demonstrate fluency in the use of a variety of electronic sources such as cloud computing, emerging collaboration technologies, data mining strategies, and mobile or other technologies.(6) Research and information fluency. The student uses a variety of digital tools to synthesize information related to real-world issues in student-created materials. The student is expected to:(A) construct real-world informational materials that inform, persuade, or recommend reform of selected issues;(B) identify and employ a method to evaluate the design, functionality, and accuracy of the student-created materials; and(C) use effective strategies to organize and outline presentations to support and clarify points.(7) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to conduct research, manage products, solve problems, and make informed decisions for real-world local, state, national, and global issues. The student is expected to:(A) identify and define authentic problems and significant questions for investigation;(B) design and implement procedures to track trends, set timelines, and review and evaluate progress for project completion;(C) read and use technical documentation, including appropriate help options, to complete tasks; and(D) analyze the audience, occasion, and purpose when designing presentations.(8) Critical thinking, problem solving, and decision making. The student creates a product presenting solutions for real-world local, state, national, and global issues. The student is expected to:(A) create technology specifications for tasks and rubrics to evaluate products and product quality against established criteria;(B) resolve information conflicts and validate information by comparing data;(C) represent diverse perspectives in problem solutions; and(D) prepare and use visual or auditory aids such as scripts, notes, or digital applications to enhance presentations.(9) Digital citizenship. The student examines ethical and legal behavior to demonstrate leadership as a digital citizen. The student is expected to:(A) model safe and ethical use of digital information;(B) model respect of intellectual property when manipulating, morphing, or editing graphics, video, text, and sound;(C) use technology applications in a positive manner that supports productivity, collaboration, and continuing education; and(D) use professional etiquette and protocol in situations such as making introductions, offering and receiving criticism, and communicating with digital tools.(10) Digital citizenship. The student demonstrates ethical and legal behavior in the creation of student products. The student is expected to:(A) use collaborative tools and strategies; and(B) use digital tools to correctly document sources such as in bibliographies or works cited.(11) Technology operations and concepts. The student makes decisions regarding the selection, acquisition, and use of digital tools in a multimedia classroom/lab, taking into consideration the quality, appropriateness, effectiveness, and efficiency of the tools. The student is expected to:(A) determine the most appropriate file type based on universally recognized file formats such as portable document format (PDF), text format (TXT), rich text format (RTF), and Joint Photographic Experts Group format (JPEG);(B) use compression schemes for photo, animation, video, and graphics; and(C) distinguish among appropriate color, sound, and design principles such as consistency, repetition, alignment, proximity, and ratio of text to white space.(12) Technology operations and concepts. The student demonstrates knowledge through various cloud and network technologies such as web-based interactive presentations, document sharing, and online scholarly databases. The student is expected to:(A) use necessary vocabulary related to digital tools;(B) retrieve and discriminate between authoritative and non-authoritative data sources; and(C) adopt, adapt, and transfer prior knowledge to multiple situations when retrieving, manipulating, and creating original digital projects.</content><note type="source"><p>Source Note: The provisions of this §127.192 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.193"><num value="127.193">§127.193</num><heading>Web Game Development (One Credit)</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: Web Design. This course is recommended for students in Grades 11 and 12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.(3) Web Game Development will allow students to demonstrate creative thinking, develop innovative strategies, and use digital and communication tools necessary to develop fully functional online games. Web Game Development has career applications for many aspects of the game industry, including programming, art principles, graphics, web design, storyboarding and scripting, and business and marketing. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates creative thinking, constructs knowledge, and develops innovative products and processes using technology. The student is expected to:(A) research, evaluate, and demonstrate appropriate design of a web-based gaming site;(B) illustrate ideas for web artwork from direct observations, experiences, and imagination;(C) create original designs for web applications; and(D) demonstrate the effective use of art media to create original web designs.(2) Communication and collaboration. The student uses digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning experience of others. The student is expected to:(A) understand and evaluate the use and appropriateness of webinars;(B) examine, discuss, and summarize interactive online learning environments;(C) distinguish between distance learning, virtual learning, and online learning;(D) define and evaluate Voice over Internet Protocol (VoIP);(E) identify and apply end-user, peer, self-, and professional evaluations; and(F) work collaboratively to create functioning programs and gaming products.(3) Research and information fluency. The student applies digital tools to gather, evaluate, and use information. The student is expected to:(A) research, evaluate, and create web forms for database processing;(B) identify the various programming languages and differentiate among the available web programming languages;(C) research, evaluate, and summarize content management systems (CMS);(D) differentiate between Common Gateway Interface (CGI) and computer-generated imagery (CGI);(E) discuss, analyze, and summarize streaming media/content and game broadcasting;(F) define and evaluate instant messaging (IM) within a game environment;(G) analyze and discuss the history of gaming;(H) discuss, analyze, compare, and contrast game types such as action, action-adventure, adventure, construction and management simulation, life simulation, massively multiplayer online role-playing (MMORPG), music, party, puzzle, role-playing, sports, strategy, trivia, and vehicle simulation;(I) discuss, analyze, compare, and contrast gaming hardware, including console, personal computer, mobile, and web;(J) compare and contrast web standards versus browser-specific languages;(K) research, evaluate, and summarize e-commerce;(L) investigate career opportunities in programming, gaming, art, design, business, and marketing;(M) research the characteristics of existing gaming websites to determine local, state, national, and global trends;(N) compare and contrast historical and contemporary styles of art as applied to website development;(O) compare and contrast the use of the art elements of color, texture, form, line, space, and value and the art principles of emphasis, pattern, rhythm, balance, proportion, and unity in personal web game artwork and the web game artwork of others, using vocabulary accurately;(P) describe general characteristics in artwork from a variety of cultures that influence web game design;(Q) research and evaluate emerging technologies; and(R) research and evaluate augmented reality (the supplementing of reality with computer-generated imagery) such as heads-up display and virtual digital projectors.(4) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) select an appropriate web programming language based on given criteria;(B) develop requirements for a database and determine the appropriate means to insert, delete, and modify records;(C) develop Structured Query Language (SQL) statements to retrieve, insert, modify, and delete records in a database;(D) design and create a flow diagram to plan a database, program, and game;(E) define and identify proper use of gaming graphics, including skins, textures, environment appearance, environment mapping, raster graphics, and vector graphics;(F) plan an animation that includes the movement of characters, camera movements, camera angles, user point of view, mechanics of motion, backgrounds, settings, ambient objects, and environments;(G) compare and contrast two-dimensional (2-D) and three-dimensional (3-D) animation;(H) develop and create a gaming storyboard and script that shows the overall development of a storyline;(I) identify and implement graphic and game design elements, including color, environment, time to completion, difficulty, story complexity, character development, device control, backstory, delivery, and online player(s);(J) design and create decision trees for a game's artificial intelligence engine;(K) compare and contrast available audio formats for optimal delivery;(L) identify the similarities and differences among platforms, including the application of coding on a personal computer, mobile device, and gaming console;(M) research and identify existing online game development tools;(N) evaluate and determine network requirements for the delivery of online games to end users; and(O) create visual solutions by elaborating on direct observation, experiences, and imagination as they apply to original web design.(5) Digital citizenship. The student understands human, cultural, and societal issues related to technology and practices legal and ethical behavior. The student is expected to:(A) explain game ratings and why games fit into certain ratings;(B) assess games and game ratings in terms of their impact on societal interactions;(C) model the ethical and legal acquisition of digital information following copyright laws, fair-use guidelines, and the student code of conduct;(D) define and practice the ethical and legal acquisition, sharing, and use of files taking into consideration their primary ownership and copyright;(E) examine original web game artwork to comply with appropriate behavioral, communication, and privacy guidelines, including ethics, online bullying and harassment, personal security, appropriate audience language, ethical use of files/file sharing, technical documentation, and online communities;(F) interpret, evaluate, and justify artistic decisions in the creation of original art for web game design; and(G) analyze original web game artwork and digital portfolios created by peers and others to form precise conclusions about formal qualities, historical and cultural contexts, intents, and meanings.(6) Technology operations and concepts. The student demonstrates a sound understanding of technology concepts, systems, and operations. The student is expected to:(A) create a website that includes:(i) an interactive database with elements such as SQL statements, Extensible Markup Language (XML), and Open Database Connectivity (ODBC);(ii) JavaScript; and(iii) server-side processing, including Common Gateway Interface (CGI); bitmap and vector graphics; database creation, modification, and deletion; creation and maintenance of user accounts; user authentication; and documentation;(B) create a fully functional online game that includes:(i) multiple game levels with increasing difficulty;(ii) high-score ranking;(iii) physics, including center of mass, collision detection, lighting, shading, perspective, anatomy, motion blur, lens flare, and reflections;(iv) art principles, including color theory, texture, balance, lighting, shading, skinning, and drawing;(v) graphics resolution, including pixel depth and compression;(vi) database creation, modification, and deletion;(vii) creation and maintenance of user accounts;(viii) user authentication;(ix) artificial intelligence;(x) game-level saving;(xi) mathematical functions;(xii) varying camera angles;(xiii) VoIP for online web games; and(xiv) documentation; and(C) create a digital portfolio.</content><note type="source"><p>Source Note: The provisions of this §127.193 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.224"><num value="127.224">§127.224</num><heading>Practicum in Animation (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Animation II and Animation II Lab. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in animation span all aspects of the arts, audio/video technology, and communications industry. Building upon the concepts taught in Animation II and its corequisite Animation II Lab, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an increasing understanding of the industry with a focus on applying pre-production, production, and post-production animation products in a professional environment. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in production projects. The student is expected to:(A) apply English language arts knowledge and skills by consistently demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, manuals, proposals, and other client-based documents; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by consistently demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(2) The student implements advanced professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) formulate, analyze, and organize oral and written information;(C) formulate, analyze, interpret, and communicate information, data, and observations;(D) create and deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills, including data gathering and interpretation independently and in groups; and(B) employ interpersonal skills in groups to solve problems and make decisions.(4) The student implements advanced technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for animation projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student implements advanced knowledge of the evolution and current trends of the animation industry. The student is expected to:(A) summarize the history and evolution of the animation industry; and(B) analyze the current trends of the animation industry.(6) The student applies safety regulations. The student is expected to:(A) consistently implement personal and workplace safety rules and regulations;(B) recognize and resolve potential safety concerns; and(C) follow emergency procedures.(7) The student applies leadership characteristics to student organizations and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(8) The student implements ethical decision making and complies with laws regarding use of technology. The student is expected to:(A) exhibit ethical conduct related to providing proper credit for ideas and privacy of sensitive content;(B) discuss and apply copyright laws in relation to fair use and acquisition, trademark laws, and personal privacy laws and use digital information citing sources using established methods;(C) model respect for intellectual property when manipulating, morphing, and editing graphics, video, text, and sound;(D) demonstrate proper etiquette and knowledge of acceptable use policies when using networks, especially resources on the Internet and intranet; and(E) analyze the impact of the animation industry on society.(9) The student demonstrates appropriate career-building characteristics and maintains a professional portfolio. The student is expected to:(A) maintain a career portfolio to document information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities;(C) examine and employ professional networking opportunities such as career and technical student organizations, professional social media, and industry professional organizations; and(D) examine employment opportunities in entrepreneurship.(10) The student employs effective planning and time-management skills to enhance productivity. The student is expected to:(A) employ effective planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(11) The student implements an advanced understanding of a client-based production in all stages of production. The student is expected to:(A) determine and meet client needs by conducting client meetings to identify specific project requirements and target demographics; and(B) develop a production proposal for client approval that includes a production schedule, research-based production costs, and appropriate delivery and distribution options.(12) The student engages in pre-production activities for a successful execution of the project. The student is expected to:(A) identify cast, crew, equipment, and location requirements; (B) develop a budget with considerations for cast, crew, equipment, and location;(C) analyze the script and storyboard processes; and(D) assign team roles required for production.(13) The student engages in production activities for successful execution of the project. The student is expected to:(A) conduct a client meeting for presenting production strategies and implement client feedback;(B) implement a coherent sequence of production events;(C) use necessary equipment and crew for quality productions; (D) demonstrate teamwork and knowledge of interpersonal skills with sensitivity to diversity;(E) demonstrate appropriate use of editing systems; and(F) make decisions appropriate for each element of production.(14) The student engages in post-production activities for a successful output and distribution of the project. The student is expected to:(A) make necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity;(B) use various compression standards;(C) research the appropriate delivery formats for the target audience;(D) advise clients on optimal delivery options; and(E) discuss distribution options with optimal project reach.(15) The student practices business skills for freelance entrepreneurs. The student is expected to:(A) implement standard freelance entrepreneur self-promotion techniques;(B) develop proposals and standard billing and collection practices;(C) research freelance entrepreneur start-up practices; and(D) use technology applications common to freelance entrepreneurs.(16) The student develops an understanding of professional employment strategies through practical experience in the arts, audio/video technology, and communications career field. The student is expected to:(A) identify types and requirements of potential employers; (B) use professional etiquette and protocol in situations such as making introductions, speaking on the phone, communicating via electronic devices, offering and receiving criticism, and making follow-up communications; and(C) exhibit appropriate grooming and attire.(17) The student develops an understanding of appropriate interview strategies in professional contexts. The student is expected to:(A) employ appropriate verbal, nonverbal, and listening skills;(B) use clear and appropriate communications to convey skill set to others;(C) understand and apply federal laws regarding lawful employment interviews; and(D) identify and use appropriate strategies for dealing with diverse individuals.</content><note type="source"><p>Source Note: The provisions of this §127.224 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.225"><num value="127.225">§127.225</num><heading>Extended Practicum in Animation (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Arts, Audio Visual Technology, and Communications Career Cluster. Prerequisites: Animation II and Animation II Lab. Corequisite: Practicum in Animation. This course must be taken concurrently with Practicum in Animation and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services. (3) Careers in animation span all aspects of the arts, audio/video technology, and communications industry. Building upon the concepts taught in Animation II and Animation II Lab, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an increasing understanding of the industry with a focus on applying pre-production, production, and post-production animation products in a professional environment. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations; (C) create and deliver formal and informal presentations effectively; (D) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(E) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to: (A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of a problem to develop creative and innovative solutions; and(C) demonstrate the transfer and adaptation of knowledge through the creation of original work.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to demonstrate an understanding of and consistently follow workplace safety rules and regulations.(4) The student understands the professional, ethical, and legal responsibilities in animation. The student is expected to: (A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) exhibit ethical conduct by providing proper credit for ideas and maintaining privacy of sensitive content; (C) model respect for intellectual property when manipulating, morphing, and editing graphics, video, text, and sound;(D) practice safe, legal, and responsible use of information and technology; and (E) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student engages in production activities for successful execution of an animation experience or project. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised animation experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) implement an appropriate coherent sequence of production events; (D) demonstrate appropriate use of necessary equipment and crew for quality productions; (E) demonstrate appropriate use of editing systems;(F) monitor production schedule, research-based production costs, and delivery and distribution to ensure alignment with client needs and expectations; (G) make necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity; (H) implement the appropriate delivery formats for the target audience; (I) analyze distribution options to achieve optimal project reach; (J) demonstrate growth of technical skill competencies;(K) evaluate strengths and weaknesses in technical skill proficiency; and(L) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.225 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.226"><num value="127.226">§127.226</num><heading>Practicum in Audio/Video Production (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Audio/Video Production II and Audio/Video Production II Lab. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in audio/video production span all aspects of the audio/video communications industry. Building upon the concepts taught in Audio/Video Production II and its corequisite Audio/Video Production II Lab, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an increasing understanding of the industry with a focus on applying pre-production, production, and post-production audio and video products in a professional environment. This course may be implemented in an advanced audio/video or audio format. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in production projects. The student is expected to:(A) apply English language arts knowledge and skills by consistently demonstrating use of content, technical concepts, and vocabulary; using correct grammar, punctuation, and terminology to write and edit documents; and composing and editing copy for a variety of written documents such as scripts, captions, schedules, reports, manuals, proposals, and other client-based documents; and(B) apply mathematics knowledge and skills in invoicing and time-based mathematics by consistently demonstrating knowledge of arithmetic operations and applying measurement to solve problems.(2) The student implements advanced professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) formulate, analyze, and organize oral and written information;(C) formulate, analyze, interpret, and communicate information, data, and observations;(D) create and deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills, including data gathering and interpretation independently and in groups; and(B) employ interpersonal skills in groups to solve problems and make decisions.(4) The student implements advanced technology applications and processes. The student is expected to:(A) use technology applications such as social media, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for audio and video production projects; and(B) use processes such as personal information management, file management, and file sharing.(5) The student implements advanced knowledge of the evolution and current trends of the audio and video production industries. The student is expected to:(A) summarize the history and evolution of audio and video production industries; and(B) analyze the current trends of audio and video production industries.(6) The student applies safety regulations. The student is expected to:(A) consistently implement personal and workplace safety rules and regulations;(B) recognize and resolve potential safety concerns; and(C) follow emergency procedures.(7) The student implements leadership characteristics in student organizations and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(8) The student implements ethical decision making and complies with laws regarding use of technology. The student is expected to:(A) exhibit ethical conduct related to providing proper credit for ideas and privacy of sensitive content;(B) discuss and apply copyright laws in relation to fair use and acquisition, trademark laws, personal privacy laws, and use of digital information by citing sources using established methods;(C) model respect for intellectual property when manipulating, morphing, and editing graphics, video, text, and sound;(D) demonstrate proper etiquette and knowledge of acceptable use policies when using networks, especially resources on the Internet and intranet; and(E) analyze the impact of the audio/video production industry on society.(9) The student demonstrates appropriate career-building characteristics and maintains a professional portfolio. The student is expected to:(A) maintain a career portfolio to document information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities;(C) examine and employ professional networking opportunities such as career and technical student organizations, professional social media, and industry professional organizations; and(D) examine employment opportunities in entrepreneurship.(10) The student employs effective planning and time-management skills to enhance productivity. The student is expected to:(A) employ effective planning and time-management skills to complete work tasks; and(B) use technology to enhance productivity.(11) The student implements an advanced understanding of a client-based production in all stages of production. The student is expected to:(A) determine and meet client needs by conducting client meetings to identify specific project requirements and target demographics; and(B) develop a production proposal for client approval that includes a production schedule, research-based production costs, and appropriate delivery and distribution options.(12) The student engages in pre-production activities for a successful execution of the project. The student is expected to:(A) identify cast, crew, equipment, and location requirements; (B) develop a budget with considerations for cast, crew, equipment, and location;(C) analyze the script and storyboard processes; and(D) assign team roles required for production.(13) The student engages in production activities for successful execution of the project. The student is expected to:(A) conduct a client meeting for presenting production strategies and implement client feedback;(B) implement a coherent sequence of production events;(C) use necessary equipment and crew for quality productions; (D) demonstrate teamwork and knowledge of interpersonal skills with sensitivity to diversity;(E) demonstrate appropriate use of editing systems; and(F) make decisions appropriate for each element of production.(14) The student engages in post-production activities for a successful output and distribution of the project. The student is expected to:(A) make necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity;(B) use various compression standards;(C) research the appropriate delivery formats for the target audience;(D) advise clients on optimal delivery options; and(E) discuss distribution options with optimal project reach.(15) The student practices business skills for freelance entrepreneurs. The student is expected to:(A) implement standard freelance entrepreneur self-promotion techniques;(B) develop proposals, standard billing, and collection practices;(C) research freelance entrepreneur start-up practices; and(D) use technology applications common to freelance entrepreneurs.(16) The student develops an understanding of professional employment strategies through practical experience in the arts, audio/video technology, and communications career field. The student is expected to:(A) identify types and requirements of potential employers; (B) use professional etiquette and protocol in situations such as making introductions, speaking on the phone, communicating via electronic devices, offering and receiving criticism, and making follow-up communication; and(C) exhibit appropriate grooming and attire.(17) The student develops an understanding of appropriate interview strategies in professional contexts. The student is expected to:(A) employ appropriate verbal, nonverbal, and listening skills;(B) use clear and appropriate communications to convey skill set to others;(C) understand and apply federal laws regarding lawful employment interviews; and(D) identify and use appropriate strategies for dealing with diverse individuals.</content><note type="source"><p>Source Note: The provisions of this §127.226 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.227"><num value="127.227">§127.227</num><heading>Extended Practicum in Audio/Video Production (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Arts, Audio Visual Technology, and Communications Career Cluster. Prerequisites: Audio/Video Production II and Audio/Video Production II Lab. Corequisite: Practicum in Audio/Video Production. This course must be taken concurrently with Practicum in Audio/Video Production and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services. (3) Careers in audio/video production span all aspects of the audio/video communications industry. Building upon the concepts taught in Audio/Video Production II and Audio/Video Production II Lab, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an increasing understanding of the industry with a focus on applying pre-production, production, and post-production audio and video products in a professional environment. This course may be implemented in an advanced audio/video or audio format. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations; (C) create and deliver formal and informal presentations effectively; and(D) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to: (A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions; and (B) demonstrate the transfer and adaptation of knowledge through the creation of original work.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to: (A) demonstrate an understanding of and consistently follow workplace safety rules and regulations; and(B) recognize and resolve potential safety concerns.(4) The student understands the professional, ethical, and legal responsibilities in audio/video production. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) exhibit ethical conduct by providing proper credit for ideas and maintaining privacy of sensitive content;(C) model respect for intellectual property when manipulating, morphing, and editing graphics, video, text, and sound; (D) practice safe, legal, and responsible use of information and technology;(E) show integrity by choosing the ethical course of action when making decisions; and(F) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in an audio/video production experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised audio/video production experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate an advanced understanding of a client-based production in all stages of production;(D) engage in pre-production activities such as identifying cast, crew, equipment, and location requirements; developing a budget; and analyzing script and storyboard processes for successful execution of a project; (E) engage in production activities for successful execution of the project, including making decisions appropriate for each element of a production;(F) engage in post-production activities such as making necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity, and researching the appropriate delivery formats for the target audience for a successful output and distribution of a project;(G) demonstrate growth of technical skill competencies;(H) evaluate strengths and weaknesses in technical skill proficiency; and(I) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.227 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.228"><num value="127.228">§127.228</num><heading>Practicum in Printing and Imaging Technology (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Printing and Imaging Technology II and Printing and Imaging Technology II Lab. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in printing span all aspects of the industry, including prepress, press, and finishing and bindery operations. In addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the printing industry with a focus on finishing and bindery operations and customer-based projects. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in printing and imaging projects. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(2) The student implements advanced communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) present information formally and informally;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student implements advanced technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for printing and imaging projects.(5) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations; and(B) follow emergency procedures.(6) The student implements leadership characteristics in student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(7) The student implements ethical decision making and complies with laws regarding use of technology in printing. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) apply copyright laws in relation to fair use and duplication of materials;(C) model respect for intellectual property;(D) demonstrate proper etiquette and knowledge of acceptable use policies; and(E) understand Creative Commons laws, including all licensing.(8) The student implements career-building characteristics. The student is expected to:(A) maintain, update, and present a portfolio with information such as work experiences, licenses, certifications, and work samples;(B) demonstrate skills in evaluating and comparing employment opportunities; and(C) examine employment opportunities in entrepreneurship.(9) The student implements technical skills for efficiency. The student is expected to employ planning and time-management skills and tools to enhance results and complete work tasks.(10) The student implements an advanced technical understanding of professional printing and imaging. The student is expected to:(A) understand printing systems and their uses;(B) manage the printing process;(C) prepare customer documents;(D) use appropriate printing processes;(E) use binding processes, including cutting, folding, and trimming;(F) calculate paper counts from a stock sheet;(G) demonstrate folding a variety of print pieces, adapting equipment as needed;(H) demonstrate saddle stitch, perfect bind, and flat stitching in various printed materials;(I) demonstrate padding press operations;(J) use appropriate embossing, foil stamping, die cutting, and laminating samples;(K) print appropriate paper labels, ink jet labels, and bulk forms;(L) demonstrate knowledge of postal regulations related to packages, contents, sizes, and destinations; and(M) meet customer needs with regard to labeling, packaging, and shipping according to regulatory standards.</content><note type="source"><p>Source Note: The provisions of this §127.228 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.229"><num value="127.229">§127.229</num><heading>Extended Practicum in Printing and Imaging Technology (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Arts, Audio Visual Technology, and Communications Career Cluster. Prerequisites: Printing and Imaging Technology II and Printing and Imaging Technology II Lab. Corequisite: Practicum in Printing and Imaging Technology. This course must be taken concurrently with Practicum in Printing and Imaging Technology and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services. (3) Careers in printing span all aspects of the industry, including prepress, press, and finishing and bindery operations. In addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the printing industry with a focus on finishing and bindery operations and customer-based projects. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) present information formally and informally effectively; (C) apply active listening skills to obtain and clarify information; and(D) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions. (3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to demonstrate an understanding of and consistently follow workplace safety rules and regulations.(4) The student understands the professional, ethical, and legal responsibilities in printing and imaging technology. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) exhibit ethical conduct by maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas; (C) apply copyright laws in relation to fair use and duplication of materials in a consistent manner; (D) apply Creative Commons laws, including all licensing; and(E) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student implements an advanced technical understanding of professional printing and imaging. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised printing and imaging technology experience; (B) practice use of various printing systems; (C) demonstrate use of appropriate printing processes with increased fluency;(D) demonstrate use of binding processes such as cutting, folding, and trimming with increased fluency;(E) demonstrate folding of a variety of print pieces by adapting equipment as needed; (F) use appropriate embossing, foil stamping, die cutting, and laminating samples with increased fluency; (G) meet customer needs for labeling, packaging, and shipping according to regulatory standards;(H) develop advanced technical knowledge and skills related to the student's occupational objective;(I) demonstrate growth of technical skill competencies;(J) evaluate strengths and weaknesses in technical skill proficiency; and(K) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.229 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.230"><num value="127.230">§127.230</num><heading>Practicum in Commercial Photography (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Commercial Photography I and Commercial Photography I Lab along with teacher recommendation. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in commercial photography span all aspects of the industry from setting up a shot to delivering products in a competitive market. In addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the commercial photography industry with a focus on producing, promoting, and presenting professional quality photographs.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in commercial photography. The student is expected to:(A) apply English language arts knowledge and skills in accordance with industry standards to a variety of written documents; and(B) apply mathematics knowledge and skills in accordance with industry standards to solve a problem.(2) The student applies professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) present information formally and informally;(E) apply active listening skills to obtain and clarify information;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student understands and examines problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student is expected to use personal information management, email, Internet, writing and publishing, presentation, and spreadsheet or database applications for commercial photography projects.(5) The student applies knowledge of commercial photography systems. The student is expected to analyze and summarize the history and evolution of the commercial photography field.(6) The student applies safety regulations. The student is expected to:(A) implement personal and workplace safety rules and regulations in a photography studio and lab; and(B) follow emergency procedures.(7) The student applies leadership characteristics to student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(8) The student applies ethical decision making and complies with laws regarding use of technology in commercial photography. The student is expected to:(A) demonstrate an understanding of ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and duplication of images;(C) model respect for intellectual property when manipulating, morphing, and editing digital images; and(D) demonstrate proper etiquette and knowledge of acceptable use policies, including Creative Commons laws and licensing.(9) The student develops career-building characteristics. The student is expected to:(A) maintain and update portfolio to document information such as work experiences, licenses, certifications, and work samples; and(B) demonstrate skills in evaluating and comparing employment opportunities.(10) The student is expected to employ planning and time-management skills to complete work tasks such as creating quotes and budgeting. The student is expected to:(A) employ planning and time-management skills to complete work tasks; and(B) demonstrate skills in budgeting and creating quotes for freelance or contract projects.(11) The student develops an increased understanding of commercial photography. The student is expected to:(A) create photographs for defined purposes;(B) apply the elements and principles of art to a variety of commercial photography projects;(C) demonstrate the principles of commercial photography such as working with clients, interpreting client instructions, developing production schedules, and delivering products in a competitive market;(D) demonstrate the use of appropriate cameras and lenses;(E) apply appropriate photographic composition and layout principles;(F) demonstrate appropriate digital black and white and color photography;(G) apply effective photographic lighting techniques, including three point, studio, portraiture, and product;(H) produce professional quality photographs;(I) use the most appropriate types of photographic paper for projects;(J) use the most appropriate solutions for mounting, matting, or framing photographs;(K) demonstrate use of appropriate, current, and industry-standard production processes to produce photographs;(L) evaluate photographs using principles of art, commercial photography standards, and critical-thinking skills; and(M) demonstrate use of appropriate resolution and digital file formats.</content><note type="source"><p>Source Note: The provisions of this §127.230 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.231"><num value="127.231">§127.231</num><heading>Extended Practicum in Commercial Photography (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Arts, Audio Visual Technology, and Communications Career Cluster. Prerequisites: Commercial Photography I and Commercial Photography I Lab along with teacher recommendation. Corequisite: Practicum in Commercial Photography. This course must be taken concurrently with Practicum in Commercial Photography and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services. (3) Careers in commercial photography span all aspects of the industry from setting up a shot to delivering products in a competitive market. In addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the commercial photography industry with a focus on producing, promoting, and presenting professional quality photographs. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student applies professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations; (C) present information formally and informally effectively; (D) apply active listening skills to obtain and clarify information; and(E) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions. (3) The student understands and applies proper safety techniques in the workplace. The student is expected to demonstrate understanding of and consistently follow workplace safety rules and regulations. (4) The student understands the professional, ethical, and legal responsibilities in commercial photography. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) practice ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas; and(C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a commercial photography experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised commercial photography experience; (B) demonstrate the use of appropriate cameras and lenses with increased proficiency; (C) apply appropriate photographic composition and layout principles with increased fluency; (D) apply effective photographic lighting techniques such as three point, studio, portraiture, and product with increased fluency; (E) produce professional-quality photographs; (F) demonstrate use of the most appropriate types of photographic paper for projects; (G) demonstrate use of the most appropriate solutions for mounting, matting, or framing photographs; (H) demonstrate use of appropriate, current, and industry-standard production processes to produce photographs;(I) demonstrate use of appropriate resolution and digital file formats;(J) demonstrate growth of technical skill competencies;(K) evaluate strengths and weaknesses in technical skill proficiency; and(L) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.231 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.232"><num value="127.232">§127.232</num><heading>Practicum in Fashion Design (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is for students in Grades 11 and 12. Prerequisite: Fashion Design II and Fashion Design II Lab. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in fashion span all aspects of the textile and apparel industries. Within this context, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the business aspects of fashion, with emphasis on promotion and retailing. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in fashion, textile, and apparel projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student implements advanced professional communications strategies. The student is expected to:(A) adapt language for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information, data, and observations;(D) deliver formal and informal presentations;(E) apply active listening skills to obtain and clarify information;(F) communicate with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups; and(B) employ interpersonal skills in groups to solve problems.(4) The student implements advanced technology applications. The student is expected to use personal information management, email, Internet, and industry programs for fashion, textiles, and apparel projects.(5) The student implements advanced knowledge of fashion, textile, and apparel systems. The student evaluates the history of the fashion, textiles, and apparel field. The student is expected to compare fashion history relative to current fashions trends.(6) The student applies safety regulations. The student is expected to implement personal and workplace safety rules and procedures. (7) The student implements leadership characteristics in classroom and professional settings. The student is expected to:(A) employ leadership skills to accomplish collective goals;(B) employ practices for effective working relationships such as providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions;(C) conduct and participate in meetings using parliamentary procedure; and(D) employ mentoring skills to inspire others.(8) The student applies ethical decision making and complies with legal practices related to fashion, textiles, and apparel. The student is expected to:(A) exhibit ethical conduct; and(B) apply copyright laws.(9) The student implements technical skills for efficiency. The student is expected to employ planning and time-management skills to complete work tasks.(10) The student describes fundamentals of fashion buying. The student is expected to:(A) explain processes for retail buying;(B) identify wholesale market resources;(C) compare various apparel markets;(D) analyze how timing and pricing of fashion apparel and accessories are determined;(E) analyze the price of a fashion product;(F) describe various types of retail outlets;(G) describe how offshore sourcing impacts fashion retailing; and(H) compose a scenario plan for retail pricing, sales, inventory, and purchasing.(11) The student describes the relationship between marketing and the fashion industry. The student is expected to:(A) explain the marketing concept;(B) relate marketing functions to the fashion industry;(C) explain how each component of the marketing mix contributes to successful fashion marketing;(D) explain the importance of target markets;(E) describe advantages and disadvantages of market segmentation and mass marketing;(F) research trends and emerging technologies affecting fashion marketing;(G) determine examples of niche marketing;(H) describe cultural and societal influences on the fashion market; and(I) describe how international marketing has affected the fashion industry.(12) The student develops, implements, and evaluates a promotional plan. The student is expected to:(A) identify components of the promotional mix such as advertising, visual merchandising, and personal selling;(B) demonstrate visual merchandising techniques for fashion goods, services, or ideas;(C) analyze a promotional plan for effectiveness;(D) describe deceptive practices in fashion promotion; and(E) employ ethical practices in promotional activities.(13) The student applies marketing techniques when assisting with promotional activities. The student is expected to:(A) describe various types of business promotion strategies; (B) classify types of customers and their motives for buying textile and apparel products;(C) describe roles of public relations and publicity in product promotion;(D) explain the use of promotional activities to market textile and apparel products and services;(E) plan special fashion events such as fashion shows, trunk shows, retail shows, and educational events;(F) create and develop a fashion show theme;(G) develop a scale drawing to illustrate fashion show sets and staging;(H) describe all fashion show responsibilities; and(I) write press releases to publicize promotional activities. (14) The student creates product displays using the principles of design. The student is expected to:(A) identify components used in developing displays;(B) determine ways in which design elements and principles are used in the creation of displays;(C) describe types and uses of interior and exterior displays; and(D) create window or other displays of fashion and apparel products.(15) The student demonstrates effective customer service. The student is expected to:(A) determine factors that promote quality customer relations;(B) evaluate the impact of cultural diversity on customer relations;(C) exhibit skills needed for effective customer service;(D) create solutions to specific customer issues; and(E) examine the role of selling fashion products in retail.(16) The student identifies wholesale settings. The student is expected to:(A) analyze motives for consumer fashion purchases;(B) describe qualities of an effective salesperson;(C) apply appropriate fashion vocabulary in selling situations; and(D) demonstrate effective sales techniques from customer approach to closure.(17) The student summarizes important business procedures in fashion retailing. The student is expected to:(A) explain methods a business uses to control risks such as surveillance, safety training, and loss control;(B) explain the use of inventory information such as preparing financial reports and making buying decisions;(C) demonstrate cash and credit transaction methods;(D) analyze data used to make accurate forecasts;(E) demonstrate knowledge of the fashion buying process such as preparing a buying plan, completing purchase orders, and processing invoices;(F) examine operational costs such as markup, markdown, cash flow, and other factors affecting profit; and(G) demonstrate procedures for reporting and handling accidents, safety, and security incidents.</content><note type="source"><p>Source Note: The provisions of this §127.232 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.233"><num value="127.233">§127.233</num><heading>Extended Practicum in Fashion Design (One Credit), Adopted 2015.</heading><content>(a) Implementation(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Arts, Audio Visual Technology, and Communications Career Cluster. Prerequisite: Fashion Design II and Fashion Design II Lab. Corequisite: Practicum in Fashion Design. This course must be taken concurrently with Practicum in Fashion Design and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Arts, Audio Visual Technology, and Communications Career Cluster focuses on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services. (3) Careers in fashion span all aspects of the textile and apparel industries. Within this context, in addition to developing advanced technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop an advanced technical understanding of the business aspects of fashion, with emphasis on promotion and retailing. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations; (C) apply active listening skills to obtain and clarify information; (D) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(E) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions. (3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; and(B) demonstrate procedures for reporting and handling accidents, safety, and security incidents.(4) The student understands the professional, ethical, and legal responsibilities in fashion design. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) practice ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas; (C) employ ethical practices in promotional activities; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a fashion design experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised fashion design experience; (B) compose a scenario plan for retail pricing, sales, inventory, and purchasing; (C) plan special fashion events such as fashion shows, trunk shows, retail shows, and educational events; (D) create product displays using the principles of design; (E) implement aspects of the fashion buying process such as preparing a buying plan, completing purchase orders, and processing invoices; (F) demonstrate growth of technical skill competencies;(G) evaluate strengths and weaknesses in technical skill proficiency; and(H) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.233 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.234"><num value="127.234">§127.234</num><heading>Practicum in Graphic Design and Illustration (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Graphic Design and Illustration II and Graphic Design and Illustration II Lab. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Arts, Audio Visual Technology, and Communications Career Cluster is focused on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services.(3) Careers in graphic design and illustration span all aspects of the advertising and visual communications industry. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop a technical understanding of the industry with a focus on skill proficiency. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic knowledge and skills in art and design projects. The student is expected to:(A) apply English language arts knowledge by demonstrating skills such as correct use of content, technical concepts, vocabulary, grammar, punctuation, and terminology to write and edit a variety of documents; and(B) apply mathematics knowledge and skills such as using whole numbers, decimals, fractions, and knowledge of arithmetic operations.(2) The student implements advanced professional communications strategies. The student is expected to:(A) adapt language such as structure and style for audience, purpose, situation, and intent;(B) organize oral and written information;(C) interpret and communicate information;(D) deliver formal and informal presentations;(E) apply active listening skills;(F) listen to and speak with diverse individuals; and(G) exhibit public relations skills to increase internal and external customer/client satisfaction.(3) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills, including data gathering and interpretation, independently and in groups to solve problems and make decisions; and(B) employ interpersonal skills in groups to solve problems and make decisions.(4) The student implements advanced technology applications. The student is expected to use personal information management, email, Internet, writing and publishing, and presentation applications for graphic design and illustration projects.(5) The student implements advanced knowledge of design systems. The student is expected to analyze and summarize the history and evolution of the commercial art and design field.(6) The student applies cyber safety procedures. The student is expected to implement personal and professional safety rules and regulations.(7) The student implements leadership characteristics in student leadership and professional development activities. The student is expected to:(A) employ leadership skills to accomplish goals and objectives by analyzing the various roles of leaders within organizations, exhibiting problem-solving and management traits, describing effective leadership styles, and participating in civic and community leadership and teamwork opportunities to enhance skills;(B) employ teamwork and conflict-management skills to achieve collective goals;(C) establish and maintain effective working relationships by providing constructive praise and criticism, demonstrating sensitivity to and value for diversity, and managing stress and controlling emotions; (D) prepare for meetings by developing goals and objectives to achieve within a scheduled time and producing agendas;(E) conduct and participate in meetings to accomplish work tasks by achieving goals and objectives within a scheduled time; producing meeting minutes, including decisions and next steps; and using parliamentary procedures, as needed; and(F) employ mentoring skills to inspire and teach others.(8) The student applies ethical decision making and complies with laws regarding use of technology. The student is expected to:(A) exhibit ethical conduct related to interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas;(B) discuss and apply copyright laws in relation to fair use and acquisition and use of digital information using established methods to cite sources;(C) model respect of intellectual property when manipulating, morphing, and editing graphics, video, text, and sound;(D) demonstrate proper etiquette and knowledge of acceptable use policies when using networks, especially resources on the Internet and intranet; and(E) analyze and identify the impact of the advertising and visual communication design industry on society.(9) The student applies effective planning and time-management skills. The student is expected to employ tools to enhance results and complete work tasks.(10) The student uses advanced graphic design and illustration methods and skills. The student is expected to:(A) interpret, evaluate, and justify design decisions;(B) conduct verbal or written critiques of design projects; and(C) identify and apply art elements and principles to designs and illustrations.(11) The student employs a creative design process to create professional quality, two- or three-dimensional projects. The student is expected to:(A) create designs for defined applications;(B) use appropriate elements of design;(C) use appropriate design principles and typography;(D) use appropriate composition;(E) use anatomically appropriate figure drawing;(F) use appropriate perspective;(G) use the most effective color choices in projects; and(H) use appropriate printing concepts.</content><note type="source"><p>Source Note: The provisions of this §127.234 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scE/s127.235"><num value="127.235">§127.235</num><heading>Extended Practicum in Graphic Design and Illustration (One Credit), Adopted 2015.</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Arts, Audio Visual Technology, and Communications Career Cluster. Prerequisites: Graphic Design and Illustration II and Graphic Design and Illustration II Lab. Corequisite: Practicum in Graphic Design and Illustration. This course must be taken concurrently with Practicum in Graphic Design and Illustration and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Arts, Audio Visual Technology, and Communications Career Cluster is focused on careers in designing, producing, exhibiting, performing, writing, and publishing multimedia content, including visual and performing arts and design, journalism, and entertainment services. (3) Careers in graphic design and illustration span all aspects of the advertising and visual communications industry. Within this context, in addition to developing technical knowledge and skills needed for success in the Arts, Audio Visual Technology, and Communications Career Cluster, students will be expected to develop a technical understanding of the industry with a focus on skill proficiency. Instruction may be delivered through lab-based classroom experiences or career preparation opportunities. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information; (C) apply active listening skills to obtain and clarify information; and(D) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions. (3) The student understands and applies proper safety techniques in the workplace. The student is expected to demonstrate understanding of and consistently follow workplace safety rules and regulations. (4) The student understands the professional, ethical, and legal responsibilities in graphic design and illustration. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) practice safe, responsible, and legal behavior while using technology tools and resources;(C) practice ethical conduct when interacting with others such as maintaining client confidentiality and privacy of sensitive content and providing proper credit for ideas; (D) apply copyright laws in relation to fair use and acquisition and use of digital information using established methods to cite sources; (E) practice respect for intellectual property when manipulating, morphing, and editing graphics, video, text, and sound; (F) demonstrate proper etiquette and knowledge of acceptable use policies when using networks, especially resources on the Internet and intranet; and(G) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a graphic design and illustration experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised graphic design and illustration experience; (B) interpret, evaluate, and justify design decisions; (C) identify and apply art elements and principles to designs and illustrations with increased fluency; (D) employ a creative design process to create professional-quality, two- or three-dimensional projects; (E) demonstrate growth of technical skill competencies; (F) evaluate strengths and weaknesses in technical skill proficiency; and(G) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.235 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scF"><num value="F">SUBCHAPTER F</num><heading>BUSINESS, MARKETING, AND FINANCE</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.241"><num value="127.241">§127.241</num><heading>Principles of Business, Marketing, and Finance (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-11. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) In Principles of Business, Marketing, and Finance, students gain knowledge and skills in economies and private enterprise systems, the impact of global business, the marketing of goods and services, advertising, and product pricing. Students analyze the sales process and financial management principles. This course allows students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings in business, marketing, and finance.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student describes the characteristics of business. The student is expected to:(A) explain the principles of supply and demand;(B) differentiate between goods and services;(C) identify the types of business;(D) compare the different forms of ownership;(E) examine the organizational structure and functions of business;(F) interpret the nature of balance sheets and income statements; and(G) identify business cycles.(2) The student defines ethics in business. The student is expected to:(A) distinguish between ethical and unethical business practices; and(B) contrast ethical, moral, and legal choices that relate to the decision-making process in business situations.(3) The student differentiates between the types of economic systems with emphasis on the private enterprise system and the U.S. economy. The student is expected to:(A) compare and contrast the types of economic systems, including traditional, centrally planned, market, and mixed economies;(B) summarize the characteristics of the private enterprise system; and(C) identify factors affecting business profits, revenues, and expenses.(4) The student relates to the impact of international business on the U.S. economy. The student is expected to:(A) explain the role of business in a global society;(B) compare domestic and world trade; and(C) explain the impact of imports and exports on the U.S. economy.(5) The student identifies the role and impact of government, the legal system, and organized labor in business. The student is expected to:(A) differentiate among the roles of government in business;(B) describe types of activities performed by governments in business;(C) ascertain the role of the legal system in business; and(D) explain the role of organized labor in society.(6) The student classifies types of businesses that market goods and services. The student is expected to:(A) explain the importance of different marketing strategies for goods versus services;(B) define business and industry terms such as producers, raw-goods producers, manufacturers, builders, trade industries, retailers, wholesalers, and service businesses;(C) identify types of retailers;(D) explain the role of retailers in a private enterprise system;(E) identify examples of wholesalers; and(F) describe the role of wholesalers in a private enterprise system.(7) The student analyzes cost and profit relationships in finance. The student is expected to:(A) explain the concept of productivity;(B) analyze the impact of specialization and division of labor on productivity; and(C) explain the concept of organized labor and business.(8) The student understands the fundamental principles of money. The student is expected to:(A) evaluate forms of financial exchange, including cash, credit, debit, and electronic funds transfer;(B) identify types of currency, including paper money, coins, banknotes, government bonds, and treasury notes;(C) list functions of money such as medium of exchange, unit of measure, and store of value;(D) summarize the purposes and importance of credit; and(E) explain legal responsibilities associated with financial exchanges.(9) The student demonstrates an understanding of personal financial management. The student is expected to:(A) explain the importance of providing accurate information; (B) calculate gross and net pay;(C) simulate opening and maintaining various types of bank accounts;(D) reconcile bank statements;(E) compare the advantages and disadvantages of different types of banking services;(F) examine investment growth by developing a personal investment plan; and(G) prepare an individual income tax return.(10) The student explains the importance of marketing as well as the functions of marketing. The student is expected to:(A) define marketing;(B) understand how marketing is related to other functions of business;(C) explain the marketing concept; and(D) describe marketing functions and its related activities. (11) The student understands the scope of market identification. The student is expected to:(A) explain the concept of market and market identification; (B) identify market segments;(C) explain the difference in market segmentation and mass marketing;(D) define and explain the importance of target markets; and(E) identify a target market for a product or service using market segmentation.(12) The student understands the importance of an effective marketing mix. The student is expected to:(A) explain the concept of marketing strategies;(B) define each component of the marketing mix;(C) identify examples of an effective marketing mix;(D) create an effective marketing mix for a product or service; and(E) explain the role of participation as a key element of marketing.(13) The student identifies career opportunities within the Business, Marketing, and Finance Career Cluster and formulates a career plan. The student is expected to:(A) analyze individual goals and interests;(B) determine individual talents, abilities, and skills; and(C) develop an individual career plan.</content><note type="source"><p>Source Note: The provisions of this §127.241 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.242"><num value="127.242">§127.242</num><heading>Touch System Data Entry (One-Half Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) In Touch System Data Entry, students apply technical skills to address business applications of emerging technologies. Students enhance reading, writing, computing, communication, and reasoning skills and apply them to the business environment. Students will need to apply touch system data entry for production of business documents.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills required by business and industry. The student is expected to:(A) communicate effectively with others using oral and written skills;(B) demonstrate collaboration skills through teamwork;(C) demonstrate professionalism by conducting oneself in a manner appropriate for the profession and workplace;(D) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(E) comply with all applicable rules, laws, and regulations; and(F) demonstrate time-management skills by prioritizing tasks, following schedules, and tending to goal-relevant activities in a way that uses time wisely and optimizes efficiency and results.(2) The student applies the proper keyboarding technique to input data when using the computer. The student is expected to:(A) demonstrate correct posture and position while conducting data entry;(B) display proper care and operation of equipment used;(C) apply the correct touch-system techniques for operating alphabetic keys;(D) demonstrate the correct touch-system techniques for operating numeric and symbol keys;(E) use the correct touch-system techniques for operating the ten-key numeric pad; and(F) correctly use the command and function keys.(3) The student applies correct techniques for the touch-system of operating the keyboard to develop speed and accuracy. The student is expected to:(A) demonstrate improvement in speed and accuracy;(B) develop the ability to proofread and edit writing for proper voice, tense, and syntax, assuring that it conforms to standard English, when appropriate;(C) use the backspace key to correct errors;(D) compose a variety of business documents under timed situations; and(E) apply speed and accuracy in production of documents.(4) The student formats and prints documents such as personal and business letters, short reports, outlines, and compositions. The student is expected to:(A) demonstrate the ability to work from printed, rough-draft, statistical, handwritten, and unarranged material;(B) demonstrate the ability to compose at the keyboard;(C) demonstrate the ability to proofread;(D) identify the parts of a personal and business letter;(E) format personal and business letters and envelopes;(F) format all pages of a report, including a title page, reference page, and bibliography;(G) format an outline; and(H) demonstrate mastery of basic grammar, including using punctuation marks, numbers and symbols, and capitalization correctly. (5) The student prepares business documents using effective communication. The student is expected to:(A) interpret and follow directions to produce documents;(B) demonstrate proficiency in business English, spelling, and proofreading;(C) identify and apply correct format for business correspondence and documents; and(D) demonstrate concepts and processes to employ the appropriate steps in document production.(6) The student improves level of proficiency in producing complex business documents. The student is expected to:(A) refine work habits; and(B) improve techniques, speed, and accuracy in document production.(7) The student solves problems using document processing skills. The student is expected to:(A) identify criteria for selection and evaluation of word-processing software;(B) analyze proper placement, format, and priority of completion;(C) produce business correspondence such as letters, memos, emails, press releases, announcements, tables, reports, legal documents, and business forms; and(D) prepare and distribute personalized correspondence using electronic mail.(8) The student develops the technology and social skills necessary to work in an office environment. The student is expected to:(A) create and present a visual and oral report using text and graphics;(B) relate the social ramifications of computer applications to privacy, values, and ethics;(C) enhance overall office productivity by responsible use of computer systems;(D) develop human-relation skills for working in a team environment; and(E) participate in student leadership activities.</content><note type="source"><p>Source Note: The provisions of this §127.242 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.243"><num value="127.243">§127.243</num><heading>Business Law (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) Business Law is designed for students to analyze various aspects of the legal environment, including ethics, the judicial system, contracts, personal property, sales, negotiable instruments, agency and employment, business organization, risk management, and real property.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student defines ethics in business. The student is expected to:(A) distinguish between ethical and unethical business practices; and(B) contrast ethical, moral, and legal choices that relate to the decision-making process in business situations.(2) The student identifies the different types of law, courts, and regulations in the judicial system. The student is expected to:(A) identify the concepts of civil and criminal law;(B) explain the different types of courts and traditional court procedures;(C) differentiate between business torts and crimes; and(D) comprehend the rationale for governmental regulations of business activities.(3) The student identifies the principles of contracts in business. The student is expected to:(A) explain the classes of contracts;(B) cite methods of offer and acceptance;(C) explain the different capacities to contract;(D) examine the concepts of consideration;(E) describe defective agreements;(F) describe illegal agreements; and(G) research contemporary cases dealing with contract law using appropriate online technology.(4) The student explains personal property. The student is expected to:(A) contrast real property with personal property;(B) analyze the nature of personal property;(C) recognize the different types of bailments and obligations and rights under each type; and(D) research cases dealing with personal property using appropriate online technology.(5) The student identifies the concept of sales in the context of business law. The student is expected to:(A) identify the nature of goods and services;(B) explain the formalities of sale;(C) characterize the transfer of title and risks in sales contracts;(D) identify and explain the types and categories of warranties, product liability, and consumer protection; and(E) research cases dealing with contract sales using appropriate online technology.(6) The student researches negotiable instruments. The student is expected to:(A) explain the nature of negotiable instruments;(B) identify the essentials of negotiability;(C) explain promissory notes and drafts;(D) distinguish between negotiation and discharge;(E) assess the liabilities of the holders in due course;(F) identify the defenses in dealing with negotiable instruments; and(G) research cases dealing with negotiable instruments using appropriate online technology.(7) The student analyzes the concepts of agency and employment. The student is expected to:(A) summarize the nature and creation of an agency;(B) explain the operation and termination of an agency;(C) recognize the nature of employer and employee relations; (D) explain employee rights;(E) identify the tenets of labor legislation; and(F) research cases dealing with employment law using appropriate online technology.(8) The student identifies the different types of business organization. The student is expected to:(A) explain a sole proprietorship;(B) explain the creation and operation of a partnership;(C) discuss the nature and creation of a corporation;(D) depict the ownership of a corporation; and(E) describe the management and dissolution of a corporation. (9) The student explains risk-management instruments. The student is expected to:(A) identify the principles of insurance;(B) review the types of insurance;(C) recognize security devices such as fidelity bonds and securities;(D) discuss the appropriateness and categories of bankruptcy; and(E) research contemporary cases dealing with risk-bearing devices using appropriate online technology.(10) The student describes the legal contexts of real property. The student is expected to:(A) explain the nature of real property;(B) establish the proper methods for the transfer of real property;(C) describe the different types of real estate mortgages; (D) review contemporary landlord-tenant law;(E) explain wills, inheritances, and trusts; and(F) research cases dealing with real estate law using appropriate online technology.(11) The student knows how to use self-development techniques and interpersonal skills to accomplish legal tasks and solve cases. The student is expected to:(A) identify and practice effective interpersonal skills involving situations with coworkers, supervisors, and clients;(B) identify and practice effective team-building skills involving situations with coworkers, supervisors, and clients; and(C) participate in leadership and career development activities.</content><note type="source"><p>Source Note: The provisions of this §127.243 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.244"><num value="127.244">§127.244</num><heading>Business English (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: English III Recommended Prerequisite: Touch Systems Data Entry. This course satisfies the high school advanced English graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) In Business English, students enhance communication and research skills by applying them to the business environment, in addition to exchanging information and producing properly formatted business documents using emerging technology.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) communicate effectively with others using oral and written skills;(B) demonstrate collaboration skills through teamwork;(C) demonstrate professionalism by conducting oneself in a manner appropriate for the profession and workplace;(D) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(E) show integrity by choosing the ethical course of action and comply with all applicable rules, laws, and regulations; and(F) demonstrate time-management skills by prioritizing tasks, following schedules, and tending to goal-relevant activities in a way that uses time wisely and optimizes efficiency and results.(2) The student prepares for effective communication skills. The student is expected to:(A) organize ideas logically and sequentially;(B) locate and interpret written information;(C) distinguish communicated fact from opinion by identifying key words;(D) interpret visual materials such as charts, graphs, pictures, and maps and translate the information into textual form;(E) employ precise language to communicate ideas clearly and concisely; and(F) organize ideas in writing in a coherent, logical progression.(3) The student employs appropriate research techniques to produce effective business communication. The student is expected to:(A) incorporate information from printed copies and electronic resources and references;(B) locate and paraphrase secondary sources;(C) document secondary sources;(D) design, conduct, and analyze the results of a survey;(E) conduct interviews to obtain resource materials; and(F) create a business project incorporating data imported from various sources.(4) The student exchanges information via telecommunications such as email, images, social media, and other online information services with appropriate supervision. The student is expected to:(A) evaluate which telecommunications methods are most appropriate to a given situation; and(B) apply appropriate business ethics and correct etiquette when using telecommunications.(5) The student illustrates proficiency in interpersonal communication. The student is expected to:(A) develop professional vocabulary skills;(B) execute effective oral presentations;(C) deliver an effective business presentation such as sales, reports, and proposals;(D) apply effective communication techniques when using the telephone and different forms of technology;(E) demonstrate the ability to listen by writing summaries of presentations and oral conversations;(F) display active listening through oral feedback;(G) follow oral and written directions;(H) demonstrate the ability to give oral instructions for completing a simple task; and(I) apply proper business interviewing techniques in various situations such as one-on-one, group, and committee interviews.(6) The student develops communication skills necessary to address a changing business environment. The student is expected to:(A) describe the communication process;(B) identify barriers to effective communication;(C) assess the ethical and legal implications of messages; (D) discern appropriate channels for transmitting messages; (E) interpret nonverbal communication in various activities; (F) illustrate the impact of nonverbal communication on the total communication process;(G) identify ways to improve communication in organizations; and(H) discuss potential communication problems in multicultural business environments.(7) The student produces business documents using current and emerging technology. The student is expected to:(A) format business documents;(B) demonstrate basic writing skills through assigned tasks;(C) compose positive, negative, and persuasive messages;(D) compose business letters and memos using the appropriate organizational strategies;(E) produce a business report containing text and graphics; and(F) develop a business newsletter.(8) The student documents technical knowledge and skills. The student is expected to:(A) prepare a professional electronic portfolio that includes information such as:(i) attainment of technical skill competencies;(ii) recognitions, awards, and scholarships;(iii) extended learning experiences such as community service and active participation in career and technical student organizations; (iv) sample letter of application;(v) resume;(vi) samples of work; and(vii) teacher recommendations; and(B) present the portfolio to interested stakeholders.(9) The student understands how to collect and use information in procedural texts and documents. The student is expected to:(A) draw conclusions about how the patterns of organization and hierarchic structures support the understandability of text;(B) evaluate the structures of text such as format or headers for their clarity and organizational coherence; and(C) evaluate the structures of text for the effectiveness of their graphic representations.(10) The student uses comprehension skills to analyze how words, images, graphics, and sounds work together in various forms to impact meaning. The student applies the knowledge and skills in paragraphs (2)-(9) of this subsection with greater depth in increasingly more complex texts. The student is expected to:(A) evaluate how messages presented in media reflect social and cultural views in ways different from traditional texts;(B) evaluate the interactions of different techniques used in multi-layered media such as layout, pictures, typeface in print media, images, text, or sound in electronic journalism;(C) evaluate how one issue or event is represented across various media to understand the notions of bias, audience, and purpose; and(D) evaluate changes in formality and tone across various media for different audiences and purposes.(11) The student uses elements of the writing process (planning, drafting, revising, editing, and publishing) to compose text. The student is expected to:(A) plan a first draft by selecting the correct genre for conveying the intended meaning to multiple audiences; determining appropriate topics through a range of strategies such as discussion, background reading, personal interests, or interviews; and developing a thesis or controlling idea;(B) structure ideas in persuasive ways such as using outlines, note taking, graphic organizers, or lists to develop drafts in timed and open-ended situations;(C) revise drafts to clarify meaning, consistency of tone, and logical organization;(D) edit drafts for grammar, mechanics, and spelling; and(E) revise a final draft in response to feedback from peers and teacher and publish written work for appropriate audiences.(12) The student writes expository and procedural or work-related texts to communicate ideas and information to specific audiences for specific purposes. The student is expected to:(A) write an analytical essay of sufficient length that includes effective introductory, concluding, and supporting paragraphs that incorporate relevant perspectives and evidence;(B) write procedural and work-related documents such as resumes, proposals, college applications, or operation manuals that include a clearly stated purpose combined with a well-supported viewpoint on the topic; appropriate formatting structures such as headings, graphics, or white space; and accurate technical information; and(C) produce a multimedia presentation such as a documentary, class newspaper, docudrama, infomercial, or visual or textual parody that includes graphics, images, and sound and appeals to a specific audience.(13) The student understands the function of and uses the conventions of academic language when speaking and writing. The student continues to apply the knowledge and skills in paragraphs (2)-(12) with greater complexity. The student is expected to:(A) understand and use adjectival, noun, or adverbial clauses and phrases; and(B) use a variety of correctly structured sentences such as compound, complex, or compound-complex.(14) The student writes legibly and uses appropriate capitalization and punctuation conventions in compositions. The student is expected to correctly and consistently use conventions of punctuation and capitalization.(15) The student spells correctly. The student is expected to spell correctly, including using various resources to determine and check correct spellings.(16) The student organizes and presents ideas and information according to the purpose of the research and the audience. The student is expected to:(A) synthesize research into an extended written or oral presentation;(B) provide an analysis that supports and develops personal opinions, as opposed to simply restating existing information;(C) use a variety of formats and rhetorical strategies to argue for the thesis;(D) develop an argument that incorporates the complexities of and discrepancies in information from multiple sources and perspectives while anticipating and refuting counter-arguments;(E) document sources and format written materials using a style manual such as Modern Language Association ; and(F) produce a document of sufficient length and complexity to address the topic.(17) The student makes oral presentations. The student is expected to use proper conventions of language and presentation.(18) The student works productively with others in teams. The student is expected to offer ideas or judgments that are purposeful in moving the team toward goals, ask relevant and insightful questions, tolerate a range of positions and ambiguity in decision making, and evaluate the work of the group based on agreed-upon criteria.</content><note type="source"><p>Source Note: The provisions of this §127.244 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.245"><num value="127.245">§127.245</num><heading>Foundations of Business Communication and Technologies (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Touch Systems Data Entry. Recommended corequisite: Business Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) In Foundations of Business Communication and Technologies, students implement personal and interpersonal skills to strengthen individual performance in the workplace and in society and make a successful transition to the workforce and postsecondary education. Students apply technical skills to address business applications of emerging technologies, create word-processing documents, develop a spreadsheet, formulate a database, and make an electronic presentation using appropriate software.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student coordinates information management and business management to aid in business planning. The student is expected to:(A) explain the strategic role of information systems and information communication technology within an organization;(B) determine risks and rewards of developing a strategic role for information systems and information communication technology; and(C) integrate information systems planning with business planning.(2) The student enhances usability of systems operations to support business strategies and operations. The student is expected to:(A) identify the management information requirements and business needs of an organization; and(B) explain issues involved in designing and developing systems for different environments.(3) The student analyzes available software packages for use in business settings. The student is expected to:(A) determine equipment and supplies needed;(B) establish equipment and supplies maintenance systems;(C) schedule equipment maintenance;(D) use equipment and supplies maintenance procedures; and(E) use critical-thinking skills to troubleshoot equipment and software issues.(4) The student uses the computer's operating system to execute work responsibilities. The student is expected to:(A) move files in the computer operating system;(B) create directories; and(C) save files in various formats such as plain text, PDF, rich text format, and older versions of word-processing software.(5) The student applies word-processing technology. The student is expected to:(A) identify customary styles of business documents;(B) improve touch-system skills using the keyboard and keypad to input data;(C) use hardware and software needed to produce documents to address different computer applications;(D) demonstrate writing techniques by generating ideas and gathering information relevant to the topic and purpose while maintaining accurate records of outside sources;(E) produce business documents, including business letters, resumes, research papers, and newsletters;(F) edit a variety of written documents;(G) insert and edit objects such as tables, graphics, hyperlinks, headers, and footers into a document;(H) prepare and distribute personalized correspondence using mail merge; and(I) use online word-processing technologies to create, edit, and share documents.(6) The student identifies database software to create databases that facilitate business decision making. The student is expected to:(A) explain the principles of data analysis;(B) explain the nature of tools that can be used to access information in the database system;(C) choose appropriate software;(D) define fields and type of data;(E) create database structure;(F) define relationships of tables;(G) analyze company data requirements; and(H) design a database to meet business requirements.(7) The student applies data entry techniques to enter information in databases. The student is expected to:(A) access information in the database system;(B) build data in a data warehouse;(C) enter and edit data into database tables and database forms for easy data entry; and(D) import and export databases.(8) The student uses commands to retrieve data and create reports from databases. The student is expected to:(A) retrieve data from tables and queries;(B) formulate queries; and(C) create and print reports.(9) The student applies data mining methods to acquire pertinent information for business decision making. The student is expected to:(A) discuss the nature of data mining;(B) describe data mining tools;(C) demonstrate basic data mining techniques; and(D) interpret data mining findings.(10) The student applies spreadsheet technology. The student is expected to:(A) perform mathematical processes, including percentages and decimals, order of operations principle, estimation, and prediction of patterns of data;(B) formulate and produce solutions to a variety of business problems such as budgets, payroll, inventory, invoices, balance sheets, profit-loss statements, and conversion of foreign currencies;(C) create charts, graphs, and infographics using spreadsheet data; and(D) use online spreadsheet technologies to create, edit, and share documents.(11) The student applies presentation management technology. The student is expected to:(A) identify the guidelines for using graphics, fonts, and special effects in presentations;(B) analyze the effectiveness of multimedia presentations; (C) determine the appropriate technology to create and deliver an effective presentation;(D) save documents in various formats such as template, video, and PDF to share or transport electronically;(E) deliver an effective presentation; and(F) use online presentation management technologies to create, edit, transport, and share documents.(12) The student applies desktop publishing technology. The student is expected to:(A) identify technologies available for desktop publishing; (B) identify customary standards and styles of desktop publishing; and(C) create desktop publications importing text and graphics.(13) The student uses a variety of software applications. The student is expected to integrate multiple learned software applications to efficiently accomplish workplace tasks.</content><note type="source"><p>Source Note: The provisions of this §127.245 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.246"><num value="127.246">§127.246</num><heading>Business Communication and Technologies (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Foundations of Business Communication and Technologies. Recommended Prerequisite: Touch System Data Entry. Recommended corequisite: Business Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) In Business Communication and Technologies, students implement personal and interpersonal skills to strengthen individual performance in the workplace and in society and make a successful transition to the workforce or postsecondary education. Students apply technical skills to address business applications of emerging technologies, create complex word-processing documents, develop sophisticated spreadsheets using charts and graphs, and make an electronic presentation using appropriate multimedia software.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those that contain the phrase "such as" are intended as possible illustrative samples.(d) Knowledge and skills.(1) The student demonstrates project management processes to conduct a business project using emerging technologies. The student is expected to:(A) initiate a project;(B) plan a project;(C) execute a project;(D) monitor and control a project; and(E) close a business project.(2) The student demonstrates the use of the concepts, strategies, and systems for obtaining and conveying ideas and information to enhance communication in a diverse workplace. The student is expected to:(A) employ verbal and active listening skills when obtaining and conveying information;(B) record information needed to present a report on a given topic and use items such as tables of contents, indexes, tabs, footnotes, endnotes, captions, and/or building blocks;(C) write business correspondence using advanced word processing features such as templates and forms; mail merge, including letters, labels, and envelopes; and document protection and security that convey information effectively using correct grammar, spelling, punctuation, and capitalization;(D) use online word processing technologies to create, edit, and share documents;(E) communicate with relevant parties such as coworkers and customers by interpreting verbal and nonverbal behaviors;(F) apply strategies for communicating about issues in dealing with a diverse workforce such as sexual harassment and cultural differences; and(G) demonstrate the ability to communicate and resolve conflicts within a diverse workforce.(3) The student creates, evaluates, and uses information resources to accomplish specific occupational tasks. The student is expected to:(A) create and interpret items such as tables, charts, infographics, and figures to accomplish specific occupational tasks;(B) use resources such as informational texts, Internet websites, and technical materials to review and apply information sources for occupational tasks;(C) evaluate the reliability of information from sources such as informational texts, Internet websites, and technical materials and resources; and(D) reference sources of information.(4) The student develops and delivers formal and informal presentations using appropriate media to engage and inform audiences. The student is expected to:(A) prepare oral presentations to provide information for specific purposes and audiences;(B) identify support materials that will enhance an oral presentation;(C) prepare support materials that will enhance an oral presentation;(D) deliver an oral presentation that sustains listeners' attention;(E) align presentation strategies to the intended audience; (F) implement multimedia strategies for presentations; and(G) use online presentation management technologies to create, edit, transport, and share documents.(5) The student demonstrates public relations skills to increase internal and external customer satisfaction. The student is expected to communicate effectively when developing positive customer relationships.(6) The student designs solutions to mathematical business problems using advanced spreadsheet technologies. The student is expected to:(A) recognize and apply spreadsheet items such as lookup tables, what-if and built-in functions, macros, and advanced charts, graphs, and functions; and(B) create and interpret financial statements such as comparisons and projections, predictions and forecasts, trend analyses, and charts and graphs.(7) The student follows procedures of advanced data management. The student is expected to:(A) design a database to solve business problems; and(B) use advanced functions of database management such as updating queries, creating formulas, using built-in formulas, and creating custom format reports.(8) The student documents technical knowledge and skills. The student is expected to:(A) prepare a professional electronic portfolio that includes information such as:(i) attainment of technical skill competencies;(ii) licensures or certifications;(iii) recognitions, awards, and scholarships;(iv) extended learning experiences such as community service and active participation in career and technical student organizations and professional organizations;(v) sample letter of application;(vi) abstract of key points of accomplishments;(vii) resume;(viii) samples of work; and(ix) evaluation from a teacher; and(B) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.246 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.247"><num value="127.247">§127.247</num><heading>Business Management (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) Business Management is designed to familiarize students with the concepts related to business management as well as the functions of management, including planning, organizing, staffing, leading, and controlling. Students will also demonstrate interpersonal and project-management skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates an understanding of the management concept. The student is expected to:(A) define the term management;(B) explain management functions, including planning, organizing, staffing, leading, and controlling;(C) define the management pyramid;(D) define the role of management;(E) explain the history and evolution of management;(F) identify the external and internal environmental factors that influence management;(G) define ethical workplace behavior;(H) summarize how to make ethical decisions;(I) define social responsibility;(J) explain how socially responsible management policies are initiated and implemented; and(K) research contemporary cases dealing with ethics and social responsibility using appropriate online technology.(2) The student recognizes the importance of planning in an organization. The student is expected to:(A) define the term planning;(B) explain the necessity of proper planning;(C) define types of planning such as marketing, financial, and organizational;(D) identify steps of the management decision-making process, including:(i) identifying the problem or opportunity;(ii) gathering relevant information or data;(iii) determining alternative courses of action;(iv) evaluating each alternative;(v) computing an optimal decision;(vi) implementing the chosen course of action; and(vii) evaluating the decision feedback and determining if any changes are necessary;(E) determine competitive advantage;(F) establish organizational strategy;(G) determine innovative strategies;(H) identify the need for change;(I) define global management; and(J) explain how the organization will function in a global environment.(3) The student recognizes the importance of organizations. The student is expected to:(A) explain how to design an adaptive organization;(B) define the concepts, methods, and types of departmentalization; (C) define the chain of command;(D) explain line authority;(E) define staff authority;(F) explain the advantages and disadvantages of different types of organizations, including line, line and staff, and matrix;(G) define delegation in a management context;(H) compare and contrast centralized and decentralized organizations;(I) identify the concept of teams and teamwork; and(J) define span of control or span of management.(4) The student explains the role of staffing within an organization. The student is expected to:(A) describe ethics in human resource issues;(B) explain or define the major federal employment laws;(C) define adverse impact and employment discrimination;(D) identify sexual harassment in the workplace;(E) explain the methods of recruiting potential employees; (F) define the selection process for new employees;(G) explain the types of training needed for newly hired employees;(H) define professional development in terms of current employees;(I) explain employee compensation in a competitive environment;(J) define the potential need for downsizing;(K) rationalize the costs of employee turnover and what can be done to reduce turnover rate;(L) explain the need and benefits of a diverse workforce; and(M) research contemporary cases addressing recruitment, downsizing, and diversity using appropriate online resources.(5) The student demonstrates the qualities of leadership. The student is expected to:(A) define motivation;(B) distinguish between extrinsic and intrinsic rewards;(C) explain how to address real or perceived inequities in the workplace;(D) define the Expectancy Theory;(E) explain how rewards and goals affect motivation;(F) compare a leader to a manager;(G) explain the roles of a leader;(H) explain the traits of an effective leader;(I) define the different styles of leadership, including autocratic, democratic, and free rein;(J) explain when each style of leadership is appropriate;(K) define the management communication process;(L) explain the concept of employee perception;(M) analyze the communication process;(N) compare and contrast formal and informal communication; and(O) explain how to improve communication within an organization.(6) The student understands the necessity of the control process. The student is expected to:(A) examine the control process;(B) illustrate the five primary control methods;(C) explain the importance of quality control;(D) define the strategic importance of management information; (E) develop the importance of gathering and sharing information;(F) explain the importance of managing for productivity and growth;(G) define the quality-related characteristics for products;(H) explain International Standards Organization (ISO) standards, including ISO 9000 and ISO 14000;(I) define the quality-related characteristics for services;(J) explain the Baldridge National Quality Award;(K) explain the Deming Award;(L) research and critique recent winners of the Baldridge awards using appropriate online technology;(M) research and critique recent winners of the Deming award using appropriate online technology;(N) define Total Quality Management;(O) explain service operations;(P) develop a service quality standards instrument such as a customer satisfaction survey or SERVQUAL survey;(Q) analyze manufacturing operations;(R) define inventory in the management context; and(S) explain the fiscal importance of controlling inventory. (7) The student knows self-development techniques and interpersonal skills to accomplish management objectives. The student is expected to:(A) recognize personal biases and stereotypes;(B) identify and practice effective interpersonal skills involving situations with coworkers, supervisors, and subordinates;(C) identify and practice effective team-building skills involving situations with coworkers, supervisors, and subordinates;(D) participate in leadership activities;(E) participate in career development activities;(F) assess personal strengths and weaknesses; and(G) develop personal traits and behaviors to foster career advancement.(8) The student demonstrates project-management skills to improve workflow and minimize costs. The student is expected to:(A) initiate a project, which includes identifying resources needed for a project;(B) develop a project plan;(C) execute a project;(D) monitor and control a project; and(E) close a project.</content><note type="source"><p>Source Note: The provisions of this §127.247 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.248"><num value="127.248">§127.248</num><heading>Global Business (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) Global Business is designed for students to analyze global trade theories, international monetary systems, trade policies, politics, and laws relating to global business as well as cultural issues, logistics, and international human resource management.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes the theories of global trade and investments. The student is expected to:(A) define global business;(B) explain the advantages of specialization;(C) identify the concept of comparative advantage; and(D) distinguish between portfolio investment and direct investment.(2) The student analyzes the role of the international monetary system in the economy. The student is expected to:(A) describe the role of the International Monetary Fund;(B) argue for and against floating exchange rates;(C) argue for and against fixed exchange rates;(D) explain the impact of the common European currency;(E) calculate foreign exchange rates; and(F) research cases dealing with global exchange using appropriate online technology.(3) The student identifies the importance of international financial markets. The student is expected to:(A) explain how a foreign exchange market functions;(B) identify the economic factors that influence exchange rates and explain how these factors work; and(C) differentiate between alternative strategies of global banking.(4) The student examines various levels of economic integration among foreign countries. The student is expected to:(A) identify the different levels of economic integration; (B) explain the various arguments surrounding economic integration; and(C) describe the organization of the European community.(5) The student identifies the importance of different trade and trade investment policies. The student is expected to:(A) understand the role of foreign aid in global trade and investment;(B) explain the goals of the General Agreement on Tariffs and Trade and the North American Free Trade Agreement;(C) identify the major ways in which imports are being restricted and describe reasons for controlling exports; and(D) research cases and issues on global trade using appropriate online technology.(6) The student analyzes the implications of politics and laws that control and regulate global business. The student is expected to:(A) describe the reasoning behind the regulation of global business behavior;(B) analyze the Foreign Corrupt Practices Act; and(C) discuss the role of international law in the conduct of global business.(7) The student researches the business elements of cultural challenges and diversity. The student is expected to:(A) explain the role of culture in global business;(B) identify various elements of culture; and(C) suggest ways for managers to understand and deal with cultural diversity.(8) The student demonstrates the process in implementing a global operation. The student is expected to:(A) describe the rise of global linkages in global business;(B) describe the position of the United States in global trade;(C) list advantages and problem areas for U.S. firms wanting to enter global business;(D) research current cases on imports, exports, and balance of trade using appropriate online technology;(E) relate effects of copyrights and trademarks and intellectual property rights on global business;(F) identify advertising media used in foreign markets such as newspaper, radio, television, Internet, and magazine;(G) define fair trade; and(H) describe benefits of fair trade domestically and internationally.(9) The student analyzes the cost effect when using global logistics for a mode of transportation. The student is expected to:(A) define global logistics;(B) distinguish between materials management and physical distribution;(C) list the factors that influence the selection of particular transportation modes;(D) describe the usefulness of free trade zones;(E) research free trade zones locally and statewide using appropriate online technology; and(F) relate the effects of geography, time zones, work days, resources, and natural harbors on global business.(10) The student identifies different strategies for exporting in the global market. The student is expected to:(A) discuss the procedure by which a foreign target market is selected;(B) determine the pricing strategy for export items;(C) identify various data-based analytical techniques available for estimating market potential; and(D) evaluate the reasons behind the need to standardize or to adapt the marketing mix.(11) The student identifies the functional changes in process with global human resource management. The student is expected to:(A) explain the objectives of human resource management in a global firm;(B) describe how the human resources function changes as a firm goes global;(C) identify sources of recruitment for staffing positions abroad; and(D) describe differences and similarities of training employees in different countries.(12) The student analyzes employability skills to obtain successful employment with a company. The student is expected to:(A) assess personal global marketability;(B) identify appropriate employment opportunities abroad;(C) evaluate global employment options such as salaries, benefits, and prerequisites; and(D) generate an orientation manual for people preparing to live and work in a foreign country.(13) The student knows how to use self-development techniques and interpersonal skills to accomplish human resources objectives. The student is expected to:(A) identify and practice effective interpersonal and team-building skills involving situations with coworkers, supervisors, and subordinates; and(B) participate in leadership and career development activities.</content><note type="source"><p>Source Note: The provisions of this §127.248 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.249"><num value="127.249">§127.249</num><heading>Virtual Business (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Touch System Data Entry. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) Virtual Business is designed for students to start a virtual business by creating a web presence, conducting online and off-line marketing, examining contracts appropriate for an online business, and demonstrating project-management skills. Students will also demonstrate bookkeeping skills for a virtual business, maintain business records, and understand legal issues associated with a virtual business.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes an overview of starting and growing a virtual business office. The student is expected to:(A) identify the nature, history, and duties of a virtual business office;(B) list benefits afforded to virtual business clients;(C) assess personality characteristics to determine suitability for being a self-employed virtual business office employee;(D) inventory skills, interests, strengths, and weaknesses to determine appropriate services to offer;(E) prepare a business plan, including the following sections: executive summary, mission statement, long- and short-term goals, marketing plan, financial plan, and organizational plan; and(F) examine global business considerations.(2) The student demonstrates online and off-line marketing, including establishing a web presence. The student is expected to:(A) create and design a website for a virtual business office;(B) describe details of setting up a virtual business office;(C) determine appropriate marketing of a virtual business office;(D) describe steps to successfully market a virtual business office; and(E) participate in leadership and career development activities.(3) The student develops contracts appropriate for virtual business office services provided. The student is expected to:(A) research details of setting up a virtual business office;(B) determine particulars of communicating with clients locally and remotely; and(C) set appropriate fees for virtual business office services provided.(4) The student establishes pricing, billing, and collections procedures. The student is expected to:(A) research pricing and billing practices of a virtual business office;(B) research appropriate recordkeeping and tax issues;(C) apply fundamental bookkeeping skills for a virtual business office;(D) define appropriate bookkeeping terminology such as accounts payable, accounts receivable, income, expense, asset, liability, profit, balance sheet, and income statement; and(E) prepare appropriate bookkeeping statements, including basic balance sheet and income statement.(5) The student describes legal and tax issues related to running a virtual business office. The student is expected to:(A) determine local licensing requirements required for a virtual business office;(B) set up a virtual business office;(C) research support resources for a virtual business; and(D) describe the advantages and disadvantages of the various forms of legal construction of a virtual business office.(6) The student maintains business records to facilitate management. The student is expected to:(A) describe the nature of business records needs for a virtual business office; and(B) maintain customer records.(7) The student acquires information to analyze business decision making. The student is expected to:(A) monitor internal records for business information; and(B) conduct an environment scan to obtain business information and interpret statistical findings.(8) The student demonstrates project-management skills to improve workflow and minimize costs. The student is expected to:(A) initiate a project, which includes identifying resources needed for a project;(B) develop a project plan;(C) execute a project;(D) monitor and control a project, including coordinating work with that of team members; and(E) close a project.</content><note type="source"><p>Source Note: The provisions of this §127.249 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.250"><num value="127.250">§127.250</num><heading>Human Resources Management (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) Human Resources Management is designed to familiarize students with the concepts related to human resource management, including legal requirements, recruitment and employee selection methods, and employee development and evaluation. Students will also become familiar with compensation and benefits programs as well as workplace safety, employee-management relations, and global impacts on human resources.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates an understanding of the traditional human resources functions. The student is expected to:(A) define the term human resources;(B) classify the basic human resources functions such as recruiting, selecting, training, developing, and compensating;(C) explain contemporary issues facing human resources managers such as globalization, diversity, new technologies, knowledge workers, and changing trends in the workplace;(D) explain strategies used by contemporary human resources management such as proactive, reactive, downsizing, outsourcing, offshoring, and employee leasing to deal with change;(E) illustrate how the changing demographic trends in the workplace impact diversity in human resources management;(F) categorize the basic responsibilities of a human resources manager, including advice and counsel, service, policy formulation and implementation, and employee advocacy;(G) explain the basic competencies required of an effective human resources manager, including business mastery, human resources mastery, and personal credibility; and(H) define the need and proper steps for strategic planning in human resources such as mission, vision, and values; environmental analysis; internal analysis; strategy formulation; strategy implementation; and evaluation and assessment.(2) The student understands and explains how to meet human resources requirements. The student is expected to:(A) analyze the major Equal Employment Opportunity laws;(B) discuss federal laws and executive orders that influence human resources management;(C) explain the importance of establishing and implementing strong policies and procedures for dealing with sexual harassment;(D) examine the contemporary social and political issues facing human resources such as sexual orientation, immigration reform and control, and Uniform Guidelines on Employee Selection Procedures;(E) explain the proper procedures to comply with Equal Employment Opportunity Commission rules and regulations;(F) analyze the contemporary concepts of job analysis, employee involvement, and flexible work schedules;(G) create a job description; and(H) research current cases dealing with equal employment using appropriate online technology.(3) The student demonstrates the proper methods and sources of recruitment. The student is expected to:(A) evaluate the proper methods of recruiting externally;(B) explain the proper methods of recruiting internally;(C) hypothesize how to develop a diverse pool of talent for employment consideration; and(D) explain the application of Equal Employment Opportunity Commission guidelines to the recruitment process.(4) The student demonstrates the proper methods of employee selection. The student is expected to:(A) explain how to match an applicant to a job using job analysis and a job description;(B) explain the different types of commonly used pre-employment tests such as polygraph tests, honesty and integrity testing, graphology, physical examination, and drug testing;(C) clarify the relevant factors that should be considered in conducting a criminal background check; and(D) demonstrate the proper methods of conducting pre-employment interviews.(5) The student describes the need for training. The student is expected to:(A) analyze the information necessary prior to the implementation of any job-related training, including task analysis and person analysis;(B) design a training program;(C) explain how to implement a training program;(D) evaluate a training program;(E) illustrate the necessity for new employee orientation and the topics that should be covered;(F) explain the concept of on-the-job training and other forms of skills training; and(G) understand the need for training newly hired employees in proper Equal Employment Opportunity Commission rules and procedures, including training on sexual harassment.(6) The student describes the need to develop and evaluate employees. The student is expected to:(A) explain why employees often need additional training such as learning new skills and technologies and complying with new laws and regulations;(B) construct an employee appraisal program that complies with all applicable laws; and(C) explain who should evaluate employees, including supervisors and managers, peers, customers or clients, and subordinates.(7) The student describes how to implement a compensation program. The student is expected to:(A) interpret the basis of compensation and how it meets with organizational objectives;(B) explain the factors that influence the pay and benefits system;(C) summarize pay for performance, commission, and piece-rate systems;(D) explain how to perform a wage and salary survey;(E) interpret competence-based pay;(F) understand the major federal regulations that influence employee compensation, including Davis-Bacon Act, Walsh-Healy Act, and Fair Labor Standards Act;(G) identify some of the contemporary issues regarding compensation, including equal pay, wage-rate compression, comparable worth, low salary budgets, and employee stock ownership plans;(H) explain pay for performance incentives such as bonuses, merit pay, profit sharing, recognition, and stock options;(I) explain the ethical and public relations issues regarding executive compensation; and(J) research contemporary cases dealing with executive compensation using appropriate online technology.(8) The student masters the intricacies of creating and implementing a benefits plan. The student is expected to:(A) explain the federally mandated benefits, including Federal Insurance Contributions Act Tax, Federal Unemployment Tax Act, workers' compensation, Consolidated Omnibus Budget Reconciliation Act, Family and Medical Leave Act, and Older Workers Benefit Protection Act;(B) summarize the major discretionary benefits such as healthcare, payment for time not worked, holidays, vacation, sick leave, personal days off, supplemental unemployment benefits, life insurance, long-term care insurance, retirement, pension plans, and thrift plans; and(C) explain the ancillary services sometimes offered to employees such as employee assistance plans, personal counseling, child and elder care, credit unions, cafeterias, employee discounts, legal services, and recreation and health clubs.(9) The student discusses the importance of workplace safety and health rules and regulations. The student is expected to:(A) interpret the Occupational Safety and Health Act;(B) explain the right-to-know laws;(C) construct a program promoting safety awareness;(D) explain the necessity of enforcing workplace safety rules;(E) explain the processes for recording and investigating workplace accidents;(F) demonstrate what can be done to prevent or address workplace violence;(G) explain what can be done to address employee stresses in the workplace; and(H) research contemporary cases addressing workplace violence using appropriate online technology.(10) The student discusses employee-management relations. The student is expected to:(A) explain employee rights versus employer responsibilities; (B) describe how to implement disciplinary policies and procedures;(C) identify the proper methods of discharging employees;(D) define the concept of Alternative Dispute Resolution;(E) summarize the major federal labor relations laws, including Railway Labor Act, Norris-LaGuardia Act, Wagner Act, and Landrum-Griffin Act;(F) describe the reasons why employees unionize;(G) explain what employers can and cannot do during the unionization process;(H) explain the structure and functions of a union;(I) discuss the major union organizations such as AFL-CIO, national unions, local unions, and international unions;(J) summarize the collective bargaining process and the issues typically negotiated such as wages, hours, and working conditions;(K) explain a typical grievance procedure;(L) define grievance arbitration;(M) explain the contemporary challenges facing labor organizations and unions, including foreign competition, technological change, decline in union membership, and employers' focus on maintaining good working conditions to maintain non-union status; and(N) research contemporary cases on labor relations using appropriate online technology.(11) The student analyzes the future global considerations impacting human resources. The student is expected to:(A) explain international human resource issues;(B) identify the issues associated with recruiting and selecting employees internationally;(C) discuss how to deal with compensation issues in a host country environment;(D) identify the problems and solutions for addressing international employee evaluations and appraisals; and(E) explain the international organized labor environment. (12) The student knows self-development techniques and interpersonal skills to accomplish human resources objectives. The student is expected to:(A) identify and practice effective interpersonal and team-building skills involving situations with coworkers, supervisors, and subordinates; and(B) participate in leadership and career development activities.</content><note type="source"><p>Source Note: The provisions of this §127.250 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.251"><num value="127.251">§127.251</num><heading>Financial Mathematics (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Algebra I. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Financial Mathematics is a course about personal money management. Students will apply critical-thinking skills to analyze personal financial decisions based on current and projected economic factors.(4) Financial Mathematics will integrate career and postsecondary education planning into financial decision making.(5) The mathematical process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student applies mathematical process standards to demonstrate an understanding of employment earnings. The student is expected to:(A) identify sources of income, including wages and salaries, interest, rent, dividends, and capital gains;(B) compare common employee benefits such as health insurance, sick leave, and retirement plans;(C) differentiate among and calculate gross, net, and taxable income;(D) analyze and interpret payroll deductions, including federal taxes, state taxes, and city taxes, using current tax rates;(E) examine and evaluate the reasons for federal income taxation, Social Security taxation, and Medicare taxation, including earnings limitations as applicable;(F) calculate net pay;(G) compare and contrast between independent contractor earnings and employee earnings, including tax requirements, tax forms (W-2, W-4, 1099, and Form 941), and benefit requirements;(H) calculate the various earnings as affected by the laws related to minimum wage, overtime, income from tips, exempt and non-exempt status, and contract and employee status;(I) calculate the impact of paying with after-tax dollars versus pre-tax dollars for items such as medicine, services, and investments; (J) analyze and interpret total compensation, including payroll, Federal Insurance Contribution Act (FICA) tax, employer cost of benefits, employers' matching costs for FICA and Medicare, and employer match in savings plans, to explain how compensation is more than what is reflected in a paycheck;(K) compare total compensation as a self-employed or independent contractor with total compensation as an employee; and(L) analyze how economic and other conditions can affect income and career opportunities and the need for lifelong training and education.(3) The student applies mathematical process standards to demonstrate an understanding of the various federal taxes. The student is expected to:(A) calculate federal income taxes owed or refunded, including the completion of a 1040EZ and 1040, using current rates;(B) calculate capital gains tax using current rates;(C) calculate self-employment or independent contractor taxes using current rates;(D) define and locate sources for current rates for estate and inheritance taxes;(E) analyze gift and estate taxes using current rates;(F) calculate tax on interest income and use regression methods available through technology to analyze data and interpret the results by tax bracket;(G) calculate personal exemptions;(H) calculate itemized deductions and compare to standard deductions;(I) calculate deductible charitable contributions;(J) understand filing status as it applies to X, Y, and Z tax schedules;(K) compare marginal tax rates to effective income tax rates and the misuse of these terms in advertising;(L) describe the relationships among education tax credit, student loan interest, dependency and filing status, and income tax liability; and(M) research and locate options for tax return preparation such as software programs and tax preparation providers.(4) The student applies mathematical process standards to demonstrate an understanding of the various financial institutions and accounts. The student is expected to:(A) demonstrate an understanding of various forms of financial exchange, including cash, checks, credit cards, debit cards, and electronic funds transfers;(B) identify and explain the advantages and disadvantages of interest-bearing accounts such as savings accounts, checking accounts, certificates of deposits, and money market accounts;(C) calculate the time value of money, with or without technology, using exponential and rational functions that include graphs, tables, and algebraic methods related to simple and compound interest;(D) analyze various representations of exponential functions with respect to compound interest situations and use the rule of 72 to determine the number of years it will take for savings to double in value;(E) analyze a bank statement for accuracy;(F) compare financial services offered in the community; and(G) identify the sources of funds such as savings, earnings, or debt to be used to purchase consumable and nonconsumable goods.(5) The student applies mathematical process standards to demonstrate an understanding of the various types of credit. The student is expected to:(A) determine the advantages and disadvantages of credit cards such as cashback rewards, balance transfer, foreign currency, interest rates charged, late payment fees, credit score, and bonus incentives;(B) calculate the cost of using credit cards, including various financial fees;(C) analyze and compare graphically, with or without technology, the differences in the cost of borrowing such as using a bank loan, a credit union loan, a student loan, and an easy-access loan such as a pay-day loan and an auto title loan;(D) analyze the risks for each type of loan;(E) evaluate the process for a bank loan or a credit union loan;(F) collect and organize data, make and interpret scatterplots, interpret the results, and make critical judgments about loan balances when equal monthly payments are made;(G) analyze credit scores and explain the meanings of the scores;(H) explain ways a negative credit report can affect a consumer's financial options; and(I) analyze a personal credit report.(6) The student applies mathematical process standards to demonstrate an understanding of the cost of housing by comparing home purchases and renting. The student is expected to:(A) analyze data of mortgage payments with various additional principal payments involving exponential functions using tables, graphs, or algebraic methods;(B) create an amortization table using technology to collect and organize data to make decisions and critical judgments about varying the down payment, period of loan, special principal payment, and interest rate for a home loan;(C) compare options for saving for a down payment on a home;(D) determine costs associated with home ownership, including property taxes; mortgage insurance; homeowner's insurance, including property damage, liability, and flood and earthquake insurances; and closing costs;(E) analyze and interpret mortgage tax deductions;(F) determine other costs associated with home ownership, including cost of maintenance, repairs, utilities, and association fees;(G) determine the appropriate savings needed to maintain home payments in the event of a financial emergency;(H) demonstrate an understanding of the consequences to individuals in times of recession and falling home prices such as during the mortgage crisis of 2007-2008 and identify how the financial and personal impact could have been reduced;(I) compare the cost of homeownership versus renting, identifying benefits and drawbacks to both homeownership and renting such as the mortgage-related income tax deductions;(J) use the multiple listing service to identify and compare housing properties;(K) analyze and explain a typical apartment lease such as terms, deposit, occupancy, parking, and cancellation contract policy; and(L) compare options for coverage for renter's insurance.(7) The student applies mathematical process standards to demonstrate an understanding of the difference between a vehicle purchase and a vehicle lease and costs associated with each. The student is expected to:(A) create an amortization table using technology to collect and organize data to make decisions and critical judgments about varying the down payment, period of loan, special principal payment, and interest rates for a vehicle loan;(B) determine the costs associated with owning and leasing a vehicle, including insurance, maintenance, repairs, and fuel;(C) compare the total cost of buying and owning a vehicle to leasing a vehicle;(D) compare the total cost of purchase and maintenance of several possible vehicles;(E) identify and understand the costs and benefits of maintenance contracts and vehicle warranties;(F) calculate the funding needed to maintain vehicle payments in the event of a financial emergency; and(G) research various options for a driver's education course and the benefits of the course and the impact of a moving violation on insurance rates.(8) The student applies mathematical process standards to demonstrate an understanding of investment options. The student is expected to:(A) identify the factors involved in the various methods of buying and selling stocks and mutual funds, including load and no-load funds, by evaluating the stock dividend yield, price-earnings ratio, return on investment, earnings per share, and net asset value;(B) calculate the cost of buying and selling bonds and analyze the investment return from bond yield and bond interest payment;(C) compare differences among investments, including stocks, bonds, mutual funds, Exchange Traded Funds, and real estate; and(D) compare the risk and return for a diversified and non-diversified investment portfolio in a student-created portfolio.(9) The student applies mathematical process standards to demonstrate an understanding of various types of insurance, including life, health, disability, and income insurances, and special protection. The student is expected to:(A) analyze the costs and benefits of term and permanent (whole) life insurance such as the cost of premiums, dividends, accumulation of cash value, tax treatment of death benefits, and protection from creditors of death benefits and cash values;(B) estimate the amount of life insurance needed using a needs approach or an earnings multiple approach;(C) estimate the cost of healthcare coverage, including the cost of health insurance premiums, co-payments, deductibles, and out-of-pocket expenses;(D) explain the need for disability income insurance and research the cost;(E) compare the benefits to the costs of special protection coverages such as cancer, pet, vacation, burial, international travel, and purchase protection;(F) demonstrate an understanding of the actuarial process used to set premiums; and(G) demonstrate an understanding of insurance company and agent selection and professional designations within the insurance profession.(10) The student applies mathematical process standards to demonstrate an understanding of retirement plans. The student is expected to:(A) compare tax advantage retirement plans, including Individual Retirement Accounts (IRAs), Roth IRAs, 401(k) plans, and 403(b) plans, and determine an appropriate investment for retirement;(B) calculate and graph the exponential function showing the benefits of starting early to invest with continuous contributions;(C) calculate tax treatment penalty for early withdrawal; and(D) calculate, using technology, the amount that must be saved annually to achieve financial independence by a desired age.(11) The student applies mathematical process standards to demonstrate an understanding of a fixed pension, a variable pension, social security, and an annuity. The student is expected to identify an annuity and calculate and display graphically the future value of an annuity.(12) The student applies mathematical process standards to demonstrate an understanding of wills and trusts for the distribution of assets at death. The student is expected to identify how wills and trusts support the distribution of assets after death.(13) The student applies mathematical process standards to demonstrate an understanding of charitable giving. The student is expected to demonstrate an understanding of the value and benefits of charitable giving.(14) The student applies mathematical process standards to demonstrate an understanding of the budgeting process. The student is expected to:(A) create a comprehensive balanced personal budget, including fixed and variable expenses, college savings, emergency savings, and retirement savings;(B) identify free resources to assist with maintaining a budget; and(C) compare different standards of living in the United States, including poverty, minimum wage, living wage, and desired standards of living.(15) The student applies mathematical process standards to demonstrate an understanding of identity theft. The student is expected to:(A) define and explain types of identity theft;(B) create a plan for prevention of identity theft; and(C) identify suitable methods for reporting identity theft.(16) The student applies mathematical process standards to demonstrate an understanding for a postsecondary plan. The student is expected to:(A) understand educational, military, and current job opportunities;(B) research and align interests and skills with potential careers and postsecondary education to assure a life strategy that will produce employment the student enjoys with a desired standard of living;(C) calculate the total funding required to complete a desired postsecondary education program;(D) identify different resources for acquiring funding for education after high school such as personal savings, employment, Free Application for Federal Student Aid (FAFSA), Texas Application for Federal Student Aid, Expected Family Contribution, Pell Grants, work-study programs, student loans, Individual Development Accounts, scholarships such as the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQTÂ®), and internships to reduce the projected cost of education;(E) identify benefits and potential savings for students investing in themselves such as taking Advanced Placement and dual credit classes;(F) graph and compare compensation earnings of potential careers and the cost of postsecondary education; and(G) calculate the Return on Investment from completing a desired postsecondary education program, taking into consideration anticipated earnings for a selected degree and the cost of attending a specific postsecondary program.</content><note type="source"><p>Source Note: The provisions of this §127.251 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.252"><num value="127.252">§127.252</num><heading>Money Matters (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) In Money Matters, students will investigate money management from a personal financial perceptive. Students will apply critical-thinking skills to analyze financial options based on current and projected economic factors. Students will gain knowledge and skills necessary to establish short-term and long-term financial goals. Students will examine various methods of achieving short-term and long-term financial goals through various methods such as investing, tax planning, asset allocating, risk management, retirement planning, and estate planning.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses career planning concepts, tools, and strategies to explore, obtain, and develop a financial plan. The student is expected to:(A) discuss the nature and benefits of financial planning; and(B) discuss the role of ethics and personal responsibility in financial planning.(2) The student demonstrates an understanding of a postsecondary plan. The student is expected to:(A) understand educational, military, and current job opportunities; and(B) create a postsecondary plan that includes topics such as application requirements; testing requirements; certification requirements; associated deadlines; associated costs, including living expenses; job prospects and opportunities; beginning earnings; expected future earnings; and resumes and cover letters.(3) The student demonstrates an understanding of the fundamental principles of money. The student is expected to:(A) explain forms of financial exchange, including cash, credit cards, debit cards, and electronic funds transfer;(B) compare and contrast various types of currency, including paper money, coins, banknotes, government bonds, and treasury notes;(C) identify functions of money, including medium of exchange, unit of measure, and store of value;(D) describe sources of income, including wages and salaries, interest, rent, dividends, capital gains, and transfer payments; (E) explain the time value of money; and(F) discuss the purposes and importance of credit.(4) The student examines economic systems. The student is expected to:(A) explain sole proprietorships, partnerships, and corporations;(B) identify factors affecting profit, revenue, and expenses; and(C) understand the rights and responsibilities of consumers within various economic systems.(5) The student examines personal financial activities and the role of government. The student is expected to:(A) analyze the importance and purpose of taxes;(B) analyze monetary policy and fiscal policy;(C) analyze the supply and demand for money; and(D) analyze the role of the Federal Reserve System.(6) The student discusses economic indicators impacting personal financial decision making. The student is expected to:(A) analyze the measure of consumer spending as an economic indicator;(B) analyze the impact of a nation's unemployment rates;(C) analyze the concept of Gross Domestic Product;(D) analyze the economic impact of inflation on personal financial decision making;(E) analyze unemployment and inflation tradeoffs;(F) analyze the economic impact of interest rate fluctuations; and(G) analyze the impact of business cycles on personal financial decision making.(7) The student analyzes the impact of international activities on personal financial decision making. The student is expected to:(A) examine international current events as related to personal financial decision making;(B) examine currency exchange rates; and(C) examine domestic and international labor issues as related to personal financial decision making.(8) The student examines how personal financial decisions are used to achieve financial goals. The student is expected to:(A) develop a budget based on personal financial goals;(B) explain the benefits of saving and investing;(C) examine tax liabilities, including as they relate to the completion of a W-4;(D) analyze a pay stub;(E) interpret and reconcile bank statements;(F) maintain financial records;(G) evaluate credit scores;(H) use identify theft protection measures; and(I) prepare personal income tax forms by completing a 1040EZ with a W-2 form and using current tax tables.(9) The student understands the purposes of financial service providers. The student is expected to:(A) describe types of financial service providers, including banks and credit unions;(B) evaluate financial service providers based on selection criteria such as location, interest rates, and benefits;(C) analyze financing needed for long-term personal assets, including home purchases and payments and auto purchases, leases, and payments;(D) explain loan evaluation criteria used by lending institutions;(E) summarize the components of a loan application package;(F) calculate a home loan payment schedule;(G) calculate an automobile loan payment schedule; and(H) understand the risks of using a payday loan and title loan.(10) The student identifies various investment strategies. The student is expected to:(A) evaluate different types of investments such as stocks, bonds, and property;(B) evaluate investment goals and objectives as they relate to risk tolerance;(C) investigate the opportunities and costs of postsecondary education;(D) investigate long-term needs and financial goals, including retirement; and(E) investigate the factors that affect the value of investments.(11) The student identifies methods to manage personal risk. The student is expected to:(A) understand the concept of insurance;(B) explore the reasons for obtaining personal insurance, including health, disability, life, cancer, and long-term care insurance; (C) explore the reasons for obtaining property insurance coverage, including homeowner's, personal liability, renter's, flood, earthquake, and auto insurance; and(D) understand the insurance claim settlement process.</content><note type="source"><p>Source Note: The provisions of this §127.252 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.253"><num value="127.253">§127.253</num><heading>Securities and Investments (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) In Securities and Investments, students will understand the laws and regulations to manage business operations and transactions in the securities industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student describes laws and regulations in order to manage personal and business operations and transactions in the securities and investments industry. The student is expected to:(A) explain regulation of the securities and investments industry, including the role of the Securities and Exchange Commission;(B) understand the legal and ethical considerations in buying and selling securities; and(C) understand the state regulation of the securities and investments industry.(2) The student describes investment analysis and selection processes. The student is expected to:(A) describe types of investment objectives;(B) consider the nature of investment risk;(C) analyze diversification strategies;(D) understand factors to consider when selecting investments; (E) analyze information that can be obtained from financial statements and annual reports;(F) examine a mutual fund prospectus;(G) interpret analysis used in making investment decisions; (H) discuss strategies for selecting investments;(I) identify performance measurements for venture capital; and(J) describe investment analysis and selection theory such as the Modern Portfolio Theory, the Capital Asset Pricing Model, and the Arbitrage Pricing Theory.(3) The student identifies investments. The student is expected to:(A) interpret financial ratios significant to investors, including price earnings ratio;(B) calculate stock-related values such as the value of a constant growth stock, the expected value of future dividends, and the expected rate of return;(C) calculate bond-related values such as the price of a bond given its yield to maturity, the coupon interest payment for a bond, and the effects of interest rates on the price of a bond;(D) calculate bond present value and future value; and(E) select investments based on financial analysis such as financial ratios.(4) The student understands security and investment operations. The student is expected to:(A) examine security and investment operational activities; (B) discuss the operations of a securities and investment office;(C) examine the buy and sell functions of a brokerage firm; and(D) discuss and calculate commissions.(5) The student explores security and investment licensing and certification programs. The student is expected to:(A) explore educational requirements;(B) compare and contrast the Series 6 and Series 7 licensing exams required to sell securities and other financial products; and(C) explain professional designations in the securities and investments industry such as Certified Fund Specialist, Charted Financial Analyst, Board Certified in Asset Allocation, Board Certified in Securities, Certified Senior Consultant, and Certified Financial Planner.(6) The student understands investments and their relationships to the economy. The student is expected to:(A) evaluate the environments in which security and investment services are offered, including securities sales agents, securities and investments firms, and securities markets;(B) evaluate causes of stock price fluctuations;(C) evaluate the relationship between bond prices and yields;(D) evaluate the role of investment banking in the primary marketplace; and(E) evaluate margin accounts, short sales, market timing, and international strategies.(7) The student demonstrates an understanding of securities and investments products. The student is expected to evaluate securities and investments products such as stocks, dividends, stock splits, options strategies, hedge funds, futures, bonds, mutual funds, venture capital, real estate, retirement investment plans, and education savings and the advantages and disadvantages from an issuer and investor perspective. (8) The student demonstrates an understanding of a postsecondary plan. The student is expected to:(A) understand educational, military, and current job opportunities; and(B) create a postsecondary plan that includes topics such as application requirements; testing requirements; certification requirements; associated deadlines; associated costs, including living expenses; job prospects and opportunities; beginning earnings; expected future earnings; and resumes and cover letters.</content><note type="source"><p>Source Note: The provisions of this §127.253 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.254"><num value="127.254">§127.254</num><heading>Insurance Operations (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) In Insurance Operations, students will understand the laws and regulations in order to manage business operations and transactions in the insurance industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student has an understanding of the insurance industry. The student is expected to:(A) examine the insurance industry;(B) evaluate components of automobile insurance coverage;(C) evaluate components of homeowner's insurance and renter's insurance, including a personal umbrella liability policy;(D) evaluate the purpose of flood insurance and earthquake insurance;(E) evaluate the purpose of commercial property insurance; (F) evaluate the purpose of commercial liability insurance; (G) evaluate the purpose of title insurance;(H) evaluate the purpose of health insurance, long-term care insurance, and cancer insurance;(I) compare and contrast Medicare and Medicaid;(J) investigate the purpose of unemployment insurance;(K) evaluate the purpose of workers' compensation insurance;(L) evaluate the purpose of disability insurance;(M) compare and contrast the purpose of life insurance, including term, whole, and group;(N) summarize the role of life insurance in investment and estate planning;(O) compare and contrast the methods that insurance companies use to generate income, including collection of premiums and investing activities;(P) evaluate the use of state risk pool programs; and(Q) summarize trends in the insurance industry such as hacker insurance, pet insurance, travel insurance, and identity theft insurance.(2) The student explores careers in insurance. The student is expected to:(A) explore education, licensing, and certification requirements; and(B) understand the role and responsibilities of insurance professionals such as agents, underwriters, actuaries, claims personnel, and investigators.(3) The student examines regulations that ensure compliance adherence to insurance industry regulations. The student is expected to:(A) evaluate the ethical and social responsibilities in the field of insurance;(B) summarize federal and state regulations governing the insurance industry;(C) assess the significance of the Consolidated Omnibus Budget Reconciliation Act (COBRA);(D) assess the Health Insurance Portability and Accountability Act (HIPAA), including Title I and Title II; and(E) assess the Patient Protection and Affordable Care Act (PPACA).(4) The student explains legal concepts pertinent to the insurance industry. The student is expected to:(A) examine legal principles that pertain to insurance such as indemnity, insurable interest, subrogation, and utmost good faith; and(B) evaluate insurance contracts.(5) The student identifies the components used in the insurance industry for approval and denial decisions. The student is expected to:(A) explain the importance of actuarial science in the insurance industry;(B) examine the nature of credit-based insurance scores; and(C) examine the underwriting process.(6) The student has an understanding of insurance fraud. The student is expected to:(A) examine various types of insurance fraud;(B) investigate various methods for detecting insurance fraud; and(C) investigate and research a current event about insurance fraud to create a grammatically correct, written report with citations for presentation.(7) The student demonstrates an understanding of the claims process. The student is expected to examine the claims process, including the role of the agent and the adjustor.(8) The student identifies different insurance providers and rates. The student is expected to:(A) compare and contrast insurance company ratings; and(B) compare and contrast insurance premiums according to gender, geographic area, and age.(9) The student demonstrates an understanding of identity theft. The student is expected to create a plan for prevention of identity theft and for the reporting of identify theft.(10) The student demonstrates an understanding of a postsecondary plan. The student is expected to:(A) understand educational, military, and current job opportunities; and(B) create a postsecondary plan that includes topics such as application requirements; testing requirements; certification requirements; associated deadlines; associated costs, including living expenses; job prospects and opportunities; beginning earnings; expected future earnings; and resumes and cover letters.</content><note type="source"><p>Source Note: The provisions of this §127.254 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.255"><num value="127.255">§127.255</num><heading>Banking and Financial Services (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Banking services are primarily concerned with accepting deposits, lending funds, and extending credit. Banking services include cash management, short-term investments, mortgages and other loans, credit cards, and bill payment. Banking services are delivered via a number of different institutions, from commercial banks (the largest group) and other traditional means (savings and loans associations, credit unions, and local banks) to newer ventures through insurance companies, brokerage houses, and the Internet.(4) In Banking and Financial Services, students will develop knowledge and skills in the economic, financial, technological, international, social, and ethical aspects of banking to become competent employees and entrepreneurs. Students will incorporate a broad base of knowledge that includes the operations, sales, and management of banking institutions to gain a complete understanding of how banks function within society.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student evaluates the role of banking in the modern economy. The student is expected to:(A) outline the evolution of money and banking in the U.S. economy;(B) explain the operation of the Federal Reserve Bank and its role in the economy;(C) outline and analyze the history and the impact of the use of the gold or silver standard in monetary policy;(D) compare and contrast the types of financial institutions such as commercial banks, savings and loan associations, credit unions, investment banks, financial services companies, and mortgage companies;(E) discuss the role of the World Bank Group in international financial assistance; and(F) explain the nature of government agencies that provide financing to businesses such as the Export-Import Bank of the United States and the Small Business Administration.(2) The student acquires knowledge of banking processes and services. The student is expected to:(A) describe the nature of banking processes;(B) describe the types of banking services;(C) discuss retail bank products and services;(D) explain business bank products and services;(E) describe basic teller performance standards;(F) discuss the nature of loan products; and(G) discuss trust services available to customers.(3) The student describes the roles and responsibilities in banking services, including educational requirements. The student is expected to:(A) explain the role and responsibilities of administrative careers in banking services; and(B) describe the role and responsibilities of executive and managerial careers in banking services.(4) The student determines client needs and wants and responds through planned, personalized communication to influence purchase decisions and enhance future business opportunities in banking services. The student is expected to:(A) describe the importance of selling in the banking industry, including cross-selling and relationship selling;(B) explain the process of opening a new account; and(C) describe loan terms for a client.(5) The student simulates the day-to-day activities within a banking organization in order to ensure secure operations. The student is expected to:(A) describe bank loss prevention measures such as procedures for the secure handling of cash and checks; detecting and reporting counterfeit currency; developing business continuity plans; and preventing crimes to which a bank could fall victim such as fraud, robbery, and phishing;(B) discuss the role of the Federal Reserve System in banking operations and cash-handling procedures;(C) simulate daily cash processing activities such as processing damaged and mutilated currency and coin, ordering and depositing currency, depositing checks, handling differences in cash received and deposited, and transporting cash;(D) analyze the underwriting of loan applications to determine credit worthiness of customers, including credit analysis, and factors affecting loan pricing and structuring; and(E) discuss the nature of problem loan management.(6) The student describes laws and regulations used to manage business operations and transactions in the banking services industry. The student is expected to:(A) explain the elements of a compliance program;(B) discuss functional areas of a compliance audit;(C) analyze a compliance plan;(D) discuss federal regulations of lending and operations functions in banking services, including the ethical and social aspects of those regulations;(E) discuss e-compliance issues in banking services; and(F) discuss the responsibilities of regulatory agencies that oversee the banking industry.(7) The student investigates ways to create and maintain positive, ongoing relationships with banking customers in order to enhance the organization's image. The student is expected to:(A) explain ways to cultivate positive relationships with customers to enhance company image;(B) discuss the importance of meeting and exceeding customer expectations; and(C) describe the relationships that institutions providing banking services have with their communities.(8) The student maintains, monitors, controls, and plans the use of financial resources to enhance banking performance. The student is expected to:(A) describe the manner in which banks generate profit and explain measures they take to ensure profitability; and(B) use financial formulas commonly used in banking to aid in the growth and stability of banking services, including key ratios and banking calculations such as interest and annual percentage rate, capital adequacy, asset quality, management administration, earnings, liquidity, and sensitivity to market risk.</content><note type="source"><p>Source Note: The provisions of this §127.255 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.256"><num value="127.256">§127.256</num><heading>Accounting I (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Accounting encompasses careers that record, classify, summarize, analyze, and communicate a business's financial information/business transactions for use in management decision making. Accounting includes such activities as bookkeeping, systems design, analysis, and interpretation of accounting information.(4) In Accounting I, students will investigate the field of accounting, including how it is impacted by industry standards as well as economic, financial, technological, international, social, legal, and ethical factors. Students will reflect on this knowledge as they engage in the process of recording, classifying, summarizing, analyzing, and communicating accounting information. Students will formulate and interpret financial information for use in management decision making.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills..(1) The student communicates an understanding of the accounting industry. The student is expected to:(A) describe the purpose of accounting and financial reporting;(B) discuss its impact on industry; and(C) describe Generally Accepted Accounting Principles (GAAP).(2) The student uses career planning concepts, tools, and strategies to explore accounting careers. The student is expected to:(A) discuss the significance of responsibility in accounting such as ethical and social responsibility;(B) explore careers in accounting, including education requirements, roles, and responsibilities of certified public accountants, general ledger accountants, management accountants, auditors, government accountants, international accountants, forensic accountants, and senior management in accounting; and(C) identify accounting licensing and certification programs, including professional designations for accountants such as certified public accountant and certified management accountant.(3) The student uses equations, graphical representations, accounting tools, strategies, and automated systems in real-world situations to maintain, monitor, control, and plan the use of financial resources. The student will complete an accounting cycle for a service business. The student is expected to:(A) illustrate the accounting cycle;(B) analyze the effects of transactions on the accounting equation and use T accounts to analyze transactions;(C) prepare a chart of accounts;(D) journalize transactions in a general journal;(E) post journal entries to general ledger accounts;(F) prepare work sheets;(G) prepare a trial balance;(H) journalize and post adjusting and closing entries;(I) prepare a post-closing trial balance; and(J) prepare financial statements, including income statements, balance sheets, statements of stockholders' equity, and changes in owners' equity.(4) The student analyzes cash controls. The student is expected to:(A) explain cash control procedures such as bank account access, dual control, timely account reconciliations, and security of check stock;(B) prove cash and reconcile bank statements;(C) journalize and post entries to establish and replenish petty cash;(D) journalize and post entries related to banking activities; and(E) explain the benefits of electronic funds transfer.(5) The student performs accounting functions for a merchandising business. The student is expected to explain the nature of special journals and recording transactions in special journals.(6) The student performs accounts payable functions. The student is expected to:(A) maintain a vendor file;(B) analyze purchase transactions;(C) post to an accounts payable subsidiary ledger;(D) process invoices for payment;(E) prepare a schedule of accounts payable; and(F) analyze the impact of accounts payable on the balance sheet and cash flow statements.(7) The student performs accounts receivable functions. The student is expected to:(A) explain the nature of accounts receivable;(B) maintain a customer file for accounts receivable;(C) analyze sales transactions;(D) post to an accounts receivable subsidiary ledger;(E) process sales orders, returns, and allowances;(F) process customer payments;(G) process uncollectible accounts;(H) prepare a schedule of accounts receivable;(I) determine uncollectible accounts receivable; and(J) analyze the impact of accounts receivable on the balance sheet and cash flow statements.(8) The student investigates merchandise inventory to determine the impact on a company's financial position. The student is expected to:(A) discuss the importance of merchandise inventory to a corporation, including the benefits of determining the most efficient inventory levels;(B) explain the difference between periodic and perpetual methods of calculating inventory quantities, including the use of inventory records, stock records, and point-of-sale terminals;(C) calculate the cost of inventory, including the First In, First Out (FIFO) method, Last In, First Out (LIFO) method, weighted average method, and the Gross Profit method of estimating inventory; and(D) analyze the results of valuing inventory under the FIFO method, LIFO method, weighted average method, and the Gross Profit method of estimating inventory to determine the effect on Net Income and Gross Profit.(9) The student completes payroll procedures to calculate, record, and distribute payroll earnings and analyzes the impact of these expenses on a company's financial position. The student is expected to:(A) interpret time cards to calculate hours worked;(B) maintain employee earnings records and registers;(C) calculate employee earnings, including gross earnings, withholdings, and net pay;(D) journalize salary expenses;(E) calculate employer payroll taxes;(F) journalize payroll tax expenses;(G) discuss payroll tax expense forms and reports; and(H) analyze the impact of salary expenses and payroll tax expense on total expenses and net income.(10) The student performs specialized accounting functions for a corporation and completes an accounting cycle. The student is expected to:(A) analyze the articles of incorporation needed to start a corporation;(B) journalize the issuance of stock;(C) compute dividends payable on stock;(D) complete a work sheet for a corporation, including calculating adjustments for depreciation, merchandise inventory, and federal taxes;(E) prepare financial statements for a corporation, including a balance sheet, an income statement, a statement of stockholders' equity, and a statement of changes in retained earnings;(F) understand that internal accounting controls exist to ensure the proper recording of financial transactions; and(G) identify and perform tax accounting functions such as recordkeeping procedures and the nature of corporate tax accounting.(11) The student describes laws and regulations in order to manage business operations and transactions in accounting. The student is expected to:(A) describe regulation of accounting;(B) identify and analyze historical events that led to the regulation of accounting such as the fall of Enron; WorldCom; Tyco International, Ltd.; Adelphia Communications; and Arthur Andersen;(C) describe the impact of the Sarbanes-Oxley Act of 2002 on internal controls and financial reporting;(D) describe the role of the Securities and Exchange Commission in regulating the accounting industry;(E) discuss state regulation of the accounting industry; and(F) identify and research a case study involving a historically significant compliance or regulatory issue that led to the formation of regulatory agencies or laws, including:(i) formulating questions to analyze the issue;(ii) gathering relevant sources;(iii) evaluating the validity and reliability of those sources; and(iv) determining which laws and regulations apply.(12) The student accesses, processes, maintains, evaluates, and disseminates financial information to assist business decision making. The student is expected to:(A) use accounting technology, including discussing the use of data mining and integrating technology into accounting;(B) engage in an accounting simulation covering an accounting cycle; and(C) create a clear and coherent oral presentation that analyzes the results of an accounting simulation covering an accounting cycle and includes the use of correct grammar, spelling, punctuation, and citation of resource materials.</content><note type="source"><p>Source Note: The provisions of this §127.256 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.257"><num value="127.257">§127.257</num><heading>Accounting II (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Accounting I. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Accounting encompasses careers that record, classify, summarize, analyze, and communicate a business's financial information/business transactions for use in management decision making. Accounting includes such activities as bookkeeping, systems design, analysis, and interpretation of accounting information.(4) In Accounting II, students will continue the investigation of the field of accounting, including how it is impacted by industry standards as well as economic, financial, technological, international, social, legal, and ethical factors. Students will reflect on this knowledge as they engage in various managerial, financial, and operational accounting activities. Students will formulate, interpret, and communicate financial information for use in management decision making. Students will use equations, graphical representations, accounting tools, spreadsheet software, and accounting systems in real-world situations to maintain, monitor, control, and plan the use of financial resources.(5) The mathematical process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student performs accounting functions specific to a corporation. The student is expected to:(A) analyze articles of incorporation;(B) communicate methods used to account for the issuance of stock;(C) compute the number of shares of common stock to be issued on the conversion of convertible preferred stock;(D) compute dividends payable on stock;(E) describe internal accounting controls that exist to ensure the proper recording of financial transactions;(F) produce financial statements, including work sheets, income statements, statements of stockholders' equity, balance sheets, cash flow statements, and statements of changes in retained earnings;(G) discuss the nature of consolidated financial statements; (H) discuss the nature of corporate tax accounting; and(I) perform accounting functions specific to corporate tax accounting, including calculating corporate taxes and target profits and preparing corporate tax returns.(3) The student discusses and performs accounting functions in a financial statement analysis. The student is expected to:(A) explain the nature of annual reports;(B) discuss the use of financial ratios in accounting and explain how this data impacts business decisions;(C) determine business liquidity, including current ratio, quick ratio, and cash ratio;(D) calculate business profitability, including gross profit margin, operating profit margin, net profit margin, cash flow margin, return on assets, return on investment, and return on equity, and analyze the relationships between these ratios;(E) compute business efficiency ratios, including inventory turnover ratio, accounts receivable turnover ratio, accounts payable turnover ratio, average payment period, and average collection period;(F) determine business operating ratio;(G) calculate business capital structure ratios, including debt-to-equity ratio and debt service coverage;(H) compare financial ratios to industry benchmarks and past performance to identify key areas that need to be evaluated and improved; and(I) formulate and present recommendations based on financial ratio comparisons using spreadsheet software, graphs, and charts that identify business strategies and solutions needed to improve financial performance.(4) The student describes and employs managerial accounting concepts. The student is expected to:(A) explain the nature of managerial cost accounting, including costs and cost drivers;(B) conduct cost-volume-profit analysis, including the use of linear regression data to determine the relationship between production and costs;(C) identify cost accounting systems such as job order costing, process costing, activity-based costing, and project costing;(D) calculate the cost of goods sold;(E) compute overhead rates;(F) apply overhead to jobs;(G) describe the nature of cost accounting decision making;(H) discuss the nature of cost accounting budgets;(I) explain and create a variance analysis;(J) discuss the nature of cost allocation;(K) compute variable costs and contribution margins for a product;(L) determine relevant costs in make-or-buy and accept-or-reject decisions;(M) evaluate make-or-buy and accept-or-reject decisions to identify the best solutions for a business;(N) prepare written recommendations that identify make-or-buy and accept-or-reject solutions using empirical data to support and justify conclusions;(O) perform cost allocation functions; and(P) prepare cost of production reports.(5) The student maintains, monitors, controls, and plans the use of financial resources to ensure business stability. The student is expected to:(A) describe fundamental financial concepts involved in the management of corporate finances, including the nature of depreciation and cash flows;(B) analyze the need for efficient capital markets in corporate finance;(C) explore the capital budgeting process;(D) perform calculations necessary for capital budget decision making, including:(i) calculating the initial investment associated with a proposed capital expenditure;(ii) determining operating cash inflows; and(iii) determining terminal cash flow;(E) conduct cash-flow analysis to select an acceptable capital expenditure, including:(i) interpreting the nature of relevant cash flow-analysis; (ii) explaining the nature of the payback period;(iii) calculating the payback period;(iv) explaining the relationship between the internal rate of return and net present value;(v) calculating the net present value and future value; and(vi) calculating the internal rate of return;(F) explain the role of financial planning in corporate finance, including the financial planning process, short-term operating, and long-term strategic planning;(G) conduct cash planning, including:(i) explaining the use of cash budgets;(ii) coping with uncertainty in cash budgets;(iii) preparing a cash budget; and(iv) evaluating a cash budget;(H) conduct profit planning, including pro forma income statements and balance sheets;(I) define and describe the nature of short-term financial management;(J) explain the role of valuation in making appropriate financial decisions for a company, including:(i) discussing the role of project valuation in capital allocation decisions;(ii) comparing methods for valuing flexibility; and(iii) discussing the valuation implications in business finance;(K) use capital market securities to secure financing for a company, including:(i) analyzing models and methods to determine the best financing option for a company;(ii) analyzing the nature of corporate bonds;(iii) analyzing and determining the cost of long-term debt;(iv) describing the issuance of stock from a corporation;(v) comparing and contrasting preferred stock and common stock;(vi) calculating the cost of preferred stock and common stock; and(vii) computing leverage and debt to equity ratios;(L) explain the role of dividends in corporate finance, including forms of dividends and reinvestment plans;(M) describe the effect of a firm's dividend decisions on its external financing requirements;(N) illustrate the residual theory of dividends;(O) describe the impact of dividends on the value of the firm;(P) explain the nature of a dividend policy;(Q) explain factors to consider when deciding on the form of dividend distribution; and(R) analyze ownership change transactions, including:(i) comparing mergers and acquisitions;(ii) explaining the nature of hostile takeovers;(iii) discussing issues that arise from mergers and acquisitions;(iv) explaining methods for evaluating potential merger/acquisition targets;(v) evaluating potential merger and acquisition targets; and(vi) analyzing the nature of restructurings.(6) The student describes laws and regulations in order to manage business operations and transactions in accounting. The student is expected to:(A) describe and discuss regulation of accounting, including:(i) the impact of the Sarbanes-Oxley Act of 2002 on accounting;(ii) the role of the Securities and Exchange Commission in regulating the accounting industry;(iii) the state regulation of the accounting industry; and(iv) the impact of International Financial Reporting Standards (IFRS) versus Generally Accepted Accounting Principles (GAAP); and(B) identify and research a case study involving a fraud, compliance, or regulatory issue or possible scenario, including:(i) formulating questions to analyze the issue;(ii) gathering relevant sources;(iii) evaluating the validity and reliability of those sources;(iv) identifying and communicating which laws and regulations apply;(v) gathering data that supports evidence of fraud or non-compliance with regulations; and(vi) creating a clear and coherent presentation, including the use of correct grammar, spelling, punctuation, and citation of resource materials.(7) The student accesses, processes, maintains, evaluates, and disseminates financial information to assist business decision making. The student is expected to:(A) use technology to acquire information such as the use of data mining and automated financial programs into accounting; and(B) create a clear and coherent oral and written presentation that includes the use of correct grammar, spelling, punctuation, and citation of resource materials on a current topic in accounting using concepts learned in this course.</content><note type="source"><p>Source Note: The provisions of this §127.257 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.258"><num value="127.258">§127.258</num><heading>Financial Analysis (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Accounting I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) In Financial Analysis, students will apply knowledge and technical skills in the economic, financial, technological, international, social, and ethical aspects of business to become competent consumers, employees, and entrepreneurs. Students will develop analytical skills by actively evaluating financial results of multiple businesses, interpreting results for stakeholders, and presenting strategic recommendations for performance improvement.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes accounting systems to examine their contribution to the fiscal stability of businesses. The student is expected to:(A) describe the nature and scope of accounting; and(B) examine accounting procedures for tracking money flow and determining financial status through the preparation of financial statements.(2) The student explores the use of financial resources. The student is expected to describe tools, strategies, and systems used to maintain, monitor, control, and plan the use of financial resources.(3) The student demonstrates mathematics knowledge and skills required when interpreting business operation documents. The student is expected to apply data to solve a problem; construct charts, tables, and graphs; and analyze data.(4) The student analyzes financial resources to ensure business solvency. The student is expected to:(A) describe the nature of budgets;(B) determine relationships among total revenue, marginal revenue, output, and profit;(C) calculate financial ratios;(D) interpret financial statements;(E) describe types of financial statement analyses such as ratio analysis and trend analysis; and(F) identify problems and issues with financial statements. (5) The student calculates business ratios to evaluate company performance. The student is expected to:(A) discuss the use of financial ratios in business finance;(B) use multiple ratios to evaluate company performance, including income, profitability, operating performance, liquidity, working capital, bankruptcy prediction, long-term analysis, coverage, debt, cash flow indicator, and investment valuation; and(C) discuss the use of benchmarks in analyzing ratios.(6) The student analyzes a financial statement. The student is expected to:(A) discuss the analysis of a company's financial situation using its financial statements;(B) describe external forces affecting a company's value;(C) explain how value is created for a company;(D) understand and interpret financial statement notes; and(E) evaluate results from the aspect of management, creditors, and investors.(7) The student examines the nature and scope of risk management in finance. The student is expected to:(A) discuss the nature of risk control such as internal and external controls;(B) explain ways to assess risk;(C) describe the importance of auditing risk control;(D) discuss risk-control systems;(E) describe the use of technology in risk management;(F) discuss legal considerations affecting risk management; (G) discuss the relationship between risk and business objectives; and(H) evaluate a risk-management program.(8) The student develops an understanding and working knowledge of annual reports. The student is expected to:(A) discuss the objective of an annual report;(B) identify the components of an annual report;(C) identify laws and regulations that are applied to annual reports; and(D) create an annual report.(9) The student explores the role of ethics in finance. The student is expected to:(A) explain the nature of business ethics;(B) discuss the role of ethics in finance; and(C) analyze the activities of Enron Corporation that led to the company's downfall.(10) The student employs critical-thinking skills independently and in teams to solve problems and make decisions. The student is expected to:(A) identify common tasks that require employees to use problem-solving skills;(B) analyze elements of a financial problem to develop creative solutions;(C) create and evaluate ideas, proposals, and solutions to financial problems;(D) analyze financial information to determine its value to the problem-solving task; and(E) identify and evaluate alternative financial solutions using a variety of problem-solving and critical-thinking skills.(11) The student performs a case study analysis of a specific company to apply the concepts learned in the course and present the findings. The student is expected to:(A) summarize the company's background;(B) analyze the company's history, development, and growth;(C) identify the company's strengths and weaknesses, internally;(D) describe the external environment;(E) evaluate the strengths, weaknesses, opportunities, and threats (SWOT) analysis;(F) examine the corporate and business level strategy;(G) investigate the structure and control systems; and(H) formulate recommendations.</content><note type="source"><p>Source Note: The provisions of this §127.258 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.259"><num value="127.259">§127.259</num><heading>Statistics and Business Decision Making (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Algebra II. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Statistics and Business Decision Making is an introduction to statistics and the application of statistics to business decision making. Students will use statistics to make business decisions. Students will determine the appropriateness of methods used to collect data to ensure conclusions are valid.(4) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student uses career planning concepts, tools, and strategies to explore a career in the area of risk management. The student is expected to:(A) compare and contrast the fundamentals of risk management, including the reasons for and benefits of risk management;(B) discuss the role of ethics and responsibility in risk management; and(C) compare and contrast roles, responsibilities, licensing, and certification programs of careers related to managing and analyzing personal and corporate financial portfolios such as financial planners, financial managers, financial analysts, controllers, risk managers, cash managers, treasurers, and chief financial officers.(3) The student understands and demonstrates the use of statistics in business areas, including accounting, economics, finance, management, and marketing. The student is expected to:(A) evaluate the use of statistics in accounting such as forecasting consumption, earnings, cash flows, book value, and allowance for doubtful accounts;(B) evaluate how statistics are used in economics such as reports for labor market, trade balance, Gross Domestic Product, unemployment, and consumer spending;(C) evaluate how statistics are used in finance such as the use by financial intermediaries or in the evaluation of investments, securities, derivatives, futures, or options;(D) evaluate how statistics are used in management such as in the evaluation of production efficiency, production quantity, quality control, workforce trends, staffing issues, and employee satisfaction; and(E) evaluate how statistics are used in marketing such as reports for projected market share, advertising effectiveness, sales effectiveness, brand loyalty, spending habits, and customer satisfaction.(4) The student understands and demonstrates the ethical and responsible use of statistics in business. The student is expected to evaluate how statistics are used in accounting, economics, finance, management, and marketing.(5) The student evaluates risk-management strategies and techniques in corporate finance to maximize profit and minimize loss. The student is expected to:(A) manage risk to protect business stability;(B) analyze the relationship between risk management and operations; and(C) evaluate various risk-management strategies and techniques, including the use of insurance, stock, derivatives, and options.(6) The student evaluates financial information using statistical analysis to assist business decision making using appropriate software. The student is expected to:(A) communicate the value of statistical information in a variety of business disciplines and environments;(B) assess statistical information portrayed in areas such as advertising, investments and securities, human resource management, and economics;(C) generate a spreadsheet to collect, collate, organize, and analyze quantitative data; and(D) use spreadsheets and graphical techniques to present data in a manner that is understood by and meaningful to colleagues and clients.(7) The student understands and demonstrates the defining and collecting of data. The student is expected to:(A) define the types of variables and the measurement scales of variables;(B) understand the collecting of data and its source;(C) understand populations and samples;(D) understand sampling methods; and(E) understand and define survey error types.(8) The student will understand and demonstrate the organization and visualization of data. The student is expected to organize and visualize categorical data and numerical data.(9) The student understands and demonstrates the use of descriptive measures. The student is expected to:(A) understand and calculate the central tendency of the data set using mean, median, and mode;(B) understand and determine the variation of the data set using range, sample variance, sample standard deviation, population variance, population standard deviation, coefficient of the variation, and Z score; and(C) understand and demonstrate the measure of shape of the data set using skewness, symmetry, and kurtosis.(10) The student understands and demonstrates the use of probability. The student is expected to:(A) define event, compound event, complement of an event, sample space, marginal probability, conditional probability, independence, multiplication rule, multiplication rule for independent events, probability of an event, impendence, and Bayes' Theorem; and(B) define and calculate simple probability, compound probability, marginal probability, general addition rule, marginal probability using the multiplication rule, and probability with Bayes' Theorem.(11) The student understands and demonstrates the use of probability distribution for discrete variables. The student is expected to understand and demonstrate the use of the uniform distribution, the binomial distribution, and the Poisson distribution.(12) The student understands and demonstrates the use of probability distribution for continuous variables. The student is expected to understand and demonstrate the use of the normal distribution, uniform distribution, and exponential distribution.(13) The student understands and demonstrates the use of sampling distribution, sampling distribution of the mean, and the central limit theorem. The student is expected to:(A) calculate the population mean and population standard deviation;(B) calculate standard error of the mean; and(C) calculate the Z- and X-bar for the sampling distribution of the mean.(14) The student understands and demonstrates the use and construction of confidence intervals. The student is expected to:(A) construct a confidence interval for the mean for a known and unknown population standard deviation; and(B) evaluate ethical issues associated with confidence intervals.(15) The student understands and demonstrates hypothesis testing for one sample tests and two sample tests. The student is expected to:(A) understand and demonstrate the use of hypothesis testing, null hypothesis, and alternative hypothesis;(B) create a null hypothesis and alternative hypothesis;(C) understand and demonstrate the use of Type I error and Type II error;(D) calculate the level of significance and calculate beta risk;(E) understand and demonstrate the use of the complements of Type I error and Type II error by calculating the confidence coefficient and the power of a statistical test;(F) understand and calculate Z test for the mean;(G) understand and demonstrate a one-tail test hypothesis and its associated critical values and p-value; and(H) understand and demonstrate a two-tail test hypothesis and its associated critical values and p-value.(16) The student understands analysis of variance. The student is expected to understand and demonstrate the analysis of more than two populations.(17) The student understands and demonstrates the use of chi-square test. The student is expected to use a chi-square test.(18) The student understands and demonstrates the use of nonparametric test. The student is expected to use nonparametric tests such as the Wilcoxon Sum test.(19) The student understands simple linear regression. The student is expected to:(A) understand and demonstrate the use of various types of regression models;(B) create the regression equation; and(C) make predictions based on regression models.(20) The student understands an introduction to multivariable regression: The student is expected to use a multivariable regression model.(21) The student understands time series analysis and forecasting. The student is expected to:(A) understand times series models;(B) understand trend component;(C) understand seasonal component; and(D) understand cyclical component.(22) The student demonstrates an understanding of a postsecondary plan. The student is expected to:(A) understand educational, military, and current job opportunities; and(B) create a postsecondary plan that includes topics such as application requirements; testing requirements; certification requirements; associated deadlines; associated costs, including living expenses; job prospects and opportunities; beginning earnings; expected future earnings; and resumes and cover letters.</content><note type="source"><p>Source Note: The provisions of this §127.259 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.260"><num value="127.260">§127.260</num><heading>Advertising (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Advertising is designed as a comprehensive introduction to the principles and practices of advertising. Students will gain knowledge of techniques used in current advertising, including print, broadcast, and digital media. The course explores the social, cultural, ethical, and legal issues of advertising, historical influences, strategies, media decision processes as well as integrated marketing communications, and careers in advertising and sales promotion. The course provides an overview of how communication tools can be used to reach target audiences and increase consumer knowledge.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows the importance of marketing as well as the functions of marketing. The student is expected to:(A) recognize marketing functions and how they relate to advertising;(B) explain how each component of the marketing mix contributes to successful advertising;(C) identify the importance of target markets; and(D) research trends affecting advertising marketing.(2) The student knows the impact and value of diversity. The student is expected to:(A) examine elements of culture and discuss the need for understanding cultural diversity; and(B) identify how diversity affects advertising strategy.(3) The student knows the nature and scope of advertising marketing. The student is expected to:(A) demonstrate knowledge of the history of advertising as an industry and how it relates to today's marketplace;(B) discuss major environmental influences that impact advertising;(C) research the advantages and disadvantages of the types of advertising; and(D) illustrate how international marketing affects the advertising industry.(4) The student knows that advertising requires knowledge of demographics. The student is expected to:(A) explain how the use of demographics has influenced the industry;(B) differentiate between buying habits and buying preferences; and(C) explain the impact of multiculturalism and multigenerationalism on advertising marketing activities.(5) The student knows that a career in advertising requires knowledge of the industry. The student is expected to:(A) research careers in the advertising industry;(B) identify businesses related to advertising; and(C) identify the role of professional organizations, trade associations, and labor unions in the advertising industry.(6) The student understands the importance of selling in the advertising industry. The student is expected to:(A) explain how selling contributes to the success of an advertising agency; and(B) employ the steps of selling, including prospecting, pre-approach, approach, presentation, overcoming objections, close, and follow-up.(7) The student evaluates and uses information resources to research careers in advertising and sales. The student is expected to:(A) use multimedia resources such as the Internet to research careers in advertising and sales; and(B) identify businesses related to advertising and sales.(8) The student develops and delivers presentations using appropriate media to engage and inform audiences. The student is expected to:(A) prepare oral presentations to provide information for specific purposes and audiences;(B) identify and prepare support materials that will enhance an oral presentation; and(C) deliver an oral presentation that sustains listener attention and interest.(9) The student knows the marketing-information system. The student is expected to:(A) explain characteristics and purposes of a marketing-information system;(B) identify benefits and limitations of marketing research; and(C) analyze data used to make accurate forecasts.(10) The student knows pricing policies, objectives, and strategies. The student is expected to:(A) compare and contrast pricing policies; and(B) analyze the price of an advertising marketing product. (11) The student knows the elements and processes of product planning. The student is expected to:(A) describe stages of new-product planning;(B) analyze product mix; and(C) identify stages of the product life cycle for new or existing advertising marketing plans.(12) The student knows that successful marketers must develop, implement, and evaluate a promotional plan. The student is expected to:(A) identify components of the promotional mix such as advertising, visual merchandising, and personal selling;(B) demonstrate visual merchandising techniques for advertising marketing goods, services, or ideas; and(C) analyze a promotional plan for effectiveness.(13) The student knows how technology affects advertising. The student is expected to:(A) examine how social media contributes to advertising; and(B) research the use of technology in advertising.(14) The student understands how media planning should achieve marketing objectives. The student is expected to:(A) compare and contrast the different forms of media; and(B) distinguish between the four components of marketing, including paid, earned, shared, and owned (PESO).</content><note type="source"><p>Source Note: The provisions of this §127.260 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.262"><num value="127.262">§127.262</num><heading>Marketing (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on careers in planning, organizing, directing, and evaluating business functions essential to efficient and productive business operations.(3) The Marketing course explores the seven core functions of marketing, which include marketing planning -- why target marketing and industry affect businesses; marketing-information management -- why market research is important; pricing -- how prices maximize profit and affect the perceived value; product/service management -- why products live and die; promotion -- how to inform customers about products; channel management -- how products reach the final user; and selling -- how to convince a customer that a product is the best choice. Students will demonstrate knowledge through hands-on projects that may include conducting research, creating a promotional plan, pitching a sales presentation, and introducing an idea for a new product or service.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student defines marketing and identifies the seven core functions of marketing. The student is expected to:(A) define marketing and explain the marketing concept; and(B) identify the seven core functions of marketing, including marketing planning, marketing-information management, pricing, product/service management, promotion, channel management, and selling.(2) The student knows the interrelationship and purpose of the marketing mix or 4P's of marketing: product, price, promotion, and place. The student is expected to:(A) identify and describe the four elements of the marketing mix, including product, price, place, and promotion;(B) explain how each component of the marketing mix contributes to successful marketing;(C) analyze the interdependence of each element of the marketing mix with the other three elements;(D) develop and present an idea for a new product or service and the marketing mix for the new product or service; and(E) investigate and explain how to determine the feasibility of a new product or service proposal.(3) The student knows how a company considers internal and external factors to understand the current market. The student is expected to:(A) explain the internal and external factors that influence marketing planning;(B) define a marketing plan and describe each step in the plan;(C) identify and explain market position and market share;(D) explain how a business can use a strengths, weaknesses, opportunities, and threats (SWOT) analysis to plan for opportunities in the market;(E) conduct a SWOT analysis; and(F) analyze the data from a SWOT analysis to make informed business decisions.(4) The student applies the concepts of market and market identification to make informed business decisions. The student is expected to:(A) define the term market;(B) identify the target market for a product or service;(C) define niche marketing, identify examples of niche marketing, and compare niche marketing to other marketing strategies;(D) analyze an appropriate target market within a specific industry;(E) compare types of markets, including business to business and business to consumer; and(F) identify real-life scenarios of effective markets and explain what makes a market effective.(5) The student understands the concept of market segmentation. The student is expected to:(A) define the term market segmentation;(B) explain the commonly used types of market segmentation, including demographic segmentation, geographic segmentation, psychographic segmentation, and behavioral segmentation;(C) analyze the impact of culture on buying decisions; and(D) describe how market segmentation concepts apply to real-world situations.(6) The student understands the purpose and importance of gathering and evaluating information for use in making business decisions. The student is expected to:(A) describe marketing information and how it influences marketing decisions;(B) use marketing-research tools to gather primary and secondary data;(C) compare primary and secondary research data;(D) define analytics;(E) identify sources of data and information that can be analyzed to make business decisions;(F) identify key business metrics that are used to make business decisions or evaluate outcomes of business decisions; and(G) analyze data and make recommendations for improving business operations.(7) The student explains concepts and strategies used in determining and adjusting prices to maximize return and meet customers' perceptions of value. The student is expected to:(A) investigate and describe how businesses make pricing decisions;(B) identify and explain goals for pricing, including profit, market share, and competition;(C) analyze factors affecting price, including supply and demand, perceived value, costs, expenses (profit margin), and competition;(D) explain the economic principle of break-even point;(E) explain key pricing terms, including odd/even pricing, loss leaders, prestige pricing, penetration pricing, price bundling, price lining, and everyday low pricing; and(F) explain how supply and demand affect price.(8) The student explains the role of product or service management as a marketing function. The student is expected to:(A) explain the concept of product mix, including product lines, product width, and product depth;(B) explain the importance of generating new product ideas;(C) analyze the product mix for a current business;(D) identify and discuss the components of the product life cycle, including introduction, growth, maturity, and decline; and(E) identify the impact of marketing decisions made in each stage of the product life cycle.(9) The student knows the process and methods to communicate information about products to achieve a desired outcome. The student is expected to:(A) explain the role of promotion as a marketing function; (B) identify and describe elements of the promotional mix, including advertising, public relations, personal selling, and sales promotion;(C) describe and demonstrate effective ways to communicate features and benefits of a product to a potential client; and(D) analyze and evaluate websites for effectiveness in achieving a desired outcome.(10) The student identifies promotional channels used to communicate with the targeted audiences. The student is expected to:(A) create advertising examples using various media, including print media such as outdoor, newspapers, magazines, and direct mail; digital media such as email, apps, and social media; and broadcast media such as television and radio, to communicate with target audiences;(B) describe various public-relations activities such as a press releases and publicity management;(C) analyze and compare examples of sales promotions such as coupons, loyalty programs, rebates, samples, premiums, sponsorship, and product placement; and(D) explain the role of marketing ethics in promotional strategies.(11) The student explores the role of channel members and methods of product transportation. The student is expected to:(A) define channel of distribution;(B) describe the roles of intermediaries, including manufacturer, agent, wholesaler/industrial distributor, retailer, and consumer/industrial user, and explain how the roles may impact business decisions and the success of a business;(C) identify and discuss the methods of transportation for products, including road, air, maritime, rail, and intermodal; and(D) analyze and explain the impact of the distribution channel on price.(12) The student demonstrates how to determine client needs and wants and responds through planned and personalized communication. The student is expected to:(A) explain the role of personal selling as a marketing function;(B) explain the role of customer service as a component of selling relationships;(C) explain the importance of preparing for the sale, including gaining knowledge of product features and benefits, identifying the target market and their needs, and overcoming common objections; and(D) identify and explain ways to determine needs of customers and their buying behaviors, including emotional, rational, or patronage.(13) The student demonstrates effective sales techniques. The student is expected to:(A) describe the steps of the selling process such as approaching the customer, determining needs, presenting the product, overcoming objections, closing the sale, and suggestive selling;(B) explain effective strategies and techniques for various sales situations; and(C) develop and pitch a sales presentation for a product or service using the steps of the sales process such as addressing customers' needs, wants, and objections and negotiating the sale.(14) The student implements a marketing plan. The student is expected to:(A) identify a key target audience;(B) develop an appropriate message and select a medium to attract customers;(C) create a promotional plan that includes target market, promotional objective, advertising media selection, promotional schedule, and budget;(D) develop and present a marketing plan to an audience; and(E) analyze various marketing plans for effectiveness.(15) The student knows the nature and scope of project management. The student is expected to:(A) investigate and describe the various tools available to manage a project such as a Gantt chart; and(B) define and explain the components of a project plan, including project goals schedule, timeline, budget, human resources, quality management, risk management, monitoring, and controlling a project.(16) The student knows the nature and scope of ethics in marketing. The student is expected to:(A) analyze and explain the role and use of ethics in marketing;(B) research and discuss how ethics has affected a company's profitability; and(C) describe how marketing ethics can be effectively applied to the decision-making process.</content><note type="source"><p>Source Note: The provisions of this §127.262 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.263"><num value="127.263">§127.263</num><heading>Retail Management (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a course from the Business, Marketing, and Finance Career Cluster. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one credit for the successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, and performing marketing activities to reach organizational objectives.(3) Retail Management is designed as a comprehensive introduction to the principles and practices of retail management. The course explores the process of promoting greater sales and customer satisfaction by gaining a better understanding of the consumers of the goods and services provided by a company. The course provides an overview of the strategies involved in the retail process such as distributing finished products created by the business to consumers and determining what buyers want and require from the retail market.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses self-development techniques and interpersonal skills to accomplish retail management objectives. The student is expected to:(A) describe and demonstrate effective interpersonal and team-building skills involving situations with coworkers, managers, and customers;(B) create a self-development plan that includes improving leadership and interpersonal skills and that identifies opportunities to participate in leadership and career development activities; and(C) identify and describe employability skills needed to be successful in the retail marketing industry.(2) The student explores features of excellent customer service. The student is expected to:(A) discuss the importance of and demonstrate effective communication skills such as active listening, evaluating nonverbal signals, and use of appropriate grammar, vocabulary, and tone;(B) present written and oral communication, including email, traditional letter writing, face-to-face conversations, and phone conversation, in a clear, concise, and effective manner for a variety of purposes and audiences;(C) discuss how company policy impacts an employee's interactions with consumers and a consumer's interactions with the retail establishment; and(D) analyze how attitude impacts a consumer's experience with the retailer.(3) The student creates professional documents required for employment. The student is expected to:(A) develop a professional portfolio or resume;(B) write appropriate business correspondence such as a letter of intent and a thank you letter;(C) complete sample job applications accurately and effectively; and(D) explain protocol for identifying and asking for references.(4) The student analyzes non-store retailing modalities, including direct selling, telemarketing, online retailing, automatic vending, direct marketing, and e-tailing. The student is expected to:(A) investigate and evaluate the effectiveness of marketing and selling through online platforms such as mobile apps and software applications;(B) analyze and explain the disadvantages of non-store retailing such as security concerns, inability to interact with the customer, delay in customer receipt of the product, less ease of return for unwanted items, and the lack of social interaction between customers and retailers; and(C) analyze and explain the advantages of non-store retailing such as unlimited access for customers to view the inventory, the ability for customers to purchase 24 hours per day/7 days a week, lower overhead cost, and a larger inventory of items than is housed in a brick-and-mortar facility.(5) The student analyzes marketing research to make changes to business strategies or operations. The student is expected to:(A) synthesize and analyze data collected through surveys, interviews, group discussions, and internal records to create data reports;(B) explain how data reports are used to make decisions to improve a retailer's practices and improve overall operations;(C) analyze and evaluate the effective use of surveys to gather data needed by the retailer to make effective operational decisions;(D) disaggregate and analyze internal data such as sales data, shipping data, finance reports, inventory reports, and customer and personnel feedback collected by the retailer to make effective operational decisions;(E) disaggregate and analyze marketing data based on indicators such as age, gender, education, employment, income, family status, and ethnicity to identify and evaluate products based on the retailers' target market; and(F) identify and analyze how the product, price, promotion, and placement of the product impacts the retail market.(6) The student understands the role and responsibilities of a buyer in retail management and understands the purpose of analyzing the target market to interpret consumer needs and wants based on data. The student is expected to:(A) define and describe various merchandising categories such as staple, fashion, seasonal, and convenience;(B) describe merchandise plans and their components, including planned sales, planned stock, planned stocked reductions, and planned retail purchases;(C) analyze and discuss each stage of a product's life cycle, including introduction, growth, maturity, and decline, and explain how each stage relates to the target market; and(D) develop a budget based on financial goals.(7) The student applies inventory management strategies to effectively create and manage reliable tracking systems to schedule purchases, calculate turnover rate, and plan merchandise and marketing decisions. The student is expected to:(A) describe the process of purchasing inventory and executing a purchase order, transporting orders, and receiving orders;(B) explain inventory management practices, including ordering, storing, producing, and selling merchandise;(C) differentiate between perpetual and periodic inventory tracking methods and describe how point-of-sale software, universal product codes, radio frequency identification, stock shrinkage, and loss prevention impact a retailer's inventory management; and(D) analyze and describe how stock turnover rates impact inventory.(8) The student evaluates retailer pricing strategies based on factors such as competition, the economy, and supply and demand to maximize sales and profit. The student is expected to:(A) analyze how uncontrollable factors such as competition, the economy, and supply and demand impact pricing;(B) explain how controllable factors such as company goals, operating expenses, and product life cycles impact pricing;(C) differentiate between demand-based pricing, competition-based pricing, and cost-based pricing and explain how each pricing method is used to determine the base price for a product;(D) identify and describe how market share impacts pricing of products; and(E) create price points using keystone pricing, industry benchmarks, and industry surveys.(9) The student explores effective promotional activities, including advertising, sales promotion, public relations, and personal selling, that retail managers use to inform, persuade, and remind customers of products that will meet consumer needs. The student is expected to:(A) explain the six elements of effective communication, including source, message, channel, environment, context, and feedback;(B) demonstrate effective written, verbal, and nonverbal communication;(C) analyze and evaluate promotional communication techniques used to inform or motivate consumers to invest in products or services;(D) differentiate between techniques used for advertising, public relations, personal selling, and sales promotion; and(E) investigate and evaluate technology applications that promote items using online advertising, web presence, social media, email campaigns, and other modes of electronic promotions.(10) The student analyzes and applies personal selling elements needed in retail management to determine how to generate sales. The student is expected to:(A) explain sales generating techniques, including prospecting, solution development, buyer qualification, opportunity qualification and control, negotiation, and account management and follow-up;(B) describe how ethical behaviors of a sales associate impacts the retail market;(C) demonstrate effective selling techniques needed in the retail market;(D) analyze and describe best practices in product training for sales associates;(E) explain how determining the needs, presenting the product, handling objections, closing the sale, and following up with customers increases sales for the retailer; and(F) identify effective questions and questioning techniques sales associates use with consumers to gain a competitive advantage or increase sales and discuss the importance of strategically selecting questions and techniques based on the product or service and target market.(11) The student explores how to effectively use visual merchandising. The student is expected to:(A) analyze and describe how a retailer's storefront, store layout, store interior, centralized visual merchandising, and interior displays impact sales and a consumer's experience with the business; and(B) develop a visual merchandising plan using proper design elements such as mannequins, props, lighting, color, signage, and graphics.(12) The student understands the role of the retail manager for recruiting, hiring, training, supervising, and terminating employees as well as maintaining the everyday operation of a business to ensure that it functions efficiently and meets established goals. The student is expected to:(A) identify and describe effective methods of recruiting employees externally;(B) explain effective methods of recruiting employees internally;(C) describe how to recruit a diverse pool of talent for employment consideration;(D) explain the importance of the Equal Employment Opportunity Commission guidelines on the recruitment process;(E) explain the benefits of training employees to learn new skills and technologies and comply with new laws and regulations;(F) develop an employee appraisal program;(G) explain an effective employee performance evaluation system and the importance of including supervisors and managers, peers, customers or clients, and subordinates in the process; and(H) identify leadership and career development activities such as involvement with appropriate student and local management associations and create a personal development plan that includes participation in leadership and career development activities.(13) The student understands the importance of effective teams and how effective leaders implement group development strategies. The student is expected to:(A) explain the process of forming, storming, norming, performing, and adjourning;(B) analyze and discuss effective interpersonal and team-building skills involving situations with coworkers, supervisors, and subordinates;(C) investigate and analyze personal integrity and its effects on relationships in the workplace;(D) describe characteristics of successful working relationships such as teamwork, conflict resolution, self-control, and the ability to accept criticism;(E) discuss the importance of showing respect to all people and explain how showing respect to all people impacts the success of a business;(F) identify employer expectations and discuss how meeting employer expectations impacts the success of a business; and(G) explain and demonstrate productive work habits and attitudes.(14) The student explores the practice of risk management, including identifying, assessing, and reducing risk through proper planning. The student is expected to:(A) differentiate between natural, human, market, economic, and market risks;(B) differentiate between controllable and uncontrollable risks;(C) investigate and explain effective strategies for identifying, assessing, and reducing risks; and(D) analyze how financial losses from human, physical, and natural risk factors can be minimized through the use of insurance.</content><note type="source"><p>Source Note: The provisions of this §127.263 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.264"><num value="127.264">§127.264</num><heading>Fashion Marketing (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Fashion Marketing is designed to provide students with knowledge of the various business functions in the fashion industry. Students in Fashion Marketing will gain a working knowledge of promotion, textiles, merchandising, mathematics, selling, visual merchandising, and career opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows the importance and functions of marketing. The student is expected to:(A) describe each marketing function and how it relates to the fashion industry;(B) describe advantages and disadvantages of market segmentation and mass marketing; and(C) research trends affecting fashion marketing.(2) The student knows the impact and value of diversity. The student is expected to:(A) explain elements of culture and the need for understanding cultural diversity; and(B) identify how diversity affects fashion.(3) The student demonstrates the use of oral and written communication skills in creating, expressing, and interpreting information and ideas, including technical terminology and information. The student is expected to:(A) create presentations using appropriate media to inform audiences; and(B) exhibit public relations skills to increase customer satisfaction.(4) The student knows that distribution channel members facilitate the movement of products. The student is expected to:(A) explain channels of distribution for fashion products; and(B) describe activities of each channel member in the fashion industry.(5) The student knows the marketing-information system. The student is expected to:(A) define the purpose of marketing-information systems;(B) identify limitations of marketing research;(C) explain how inventory can be managed by using tools such as point-of-sale systems, just-in-time strategies, and radio frequency identification (RFID) technology; and(D) analyze data used to make accurate retail forecasts.(6) The student knows concepts and strategies used in determining and adjusting prices to maximize return and meet customers' perceptions of value. The student is expected to:(A) employ pricing strategies to determine prices;(B) develop a sample credit policy that could be a useful fashion marketing strategy; and(C) analyze the price of a fashion product.(7) The student knows merchandising concepts and processes used in obtaining, developing, maintaining, and improving a product or service to respond to marketing opportunities. The student is expected to:(A) use assortment-mix strategies to create maximum mix of products at minimum cost;(B) perform buying activities to obtain products for resale;(C) analyze vendor performance to choose vendors and merchandise; and(D) position products and services to acquire a desired business image.(8) The student knows that a successful marketer must communicate information on retail products, services, images, and ideas to achieve a desired outcome. The student is expected to:(A) demonstrate methods of advertising to communicate promotional messages to targeted audiences;(B) use special events to increase sales;(C) display visual merchandising techniques to increase interest in product offerings;(D) implement display techniques to attract customers and increase sales potential; and(E) manage promotional activities to maximize return on promotional efforts.(9) The student knows that purchasing occurs as steps in a continuous cycle. The student is expected to:(A) distinguish between buying for resale and buying for organizational use; and(B) demonstrate knowledge of the fashion buying process such as preparing a buying plan, completing purchase orders, and processing invoices.(10) The student demonstrates an understanding of concepts and actions to determine client needs and wants. The student is expected to:(A) acquire product knowledge to communicate product benefits and to ensure appropriateness of product for the customer; and(B) employ sales processes and techniques to enhance customer relationships and to increase the likelihood of making sales.(11) The student knows the nature and scope of fashion. The student is expected to:(A) explain the importance of fashion;(B) demonstrate knowledge of fashion history and how it relates to today's fashions;(C) distinguish among fashion terms such as fashion, style, and design;(D) list major environmental influences on fashion demand;(E) research fashion information;(F) explain legislation that impacts the fashion industry; and(G) describe how international marketing has affected the fashion industry.(12) The student knows that a career in fashion marketing requires knowledge of the industry. The student is expected to:(A) research careers in the fashion industry;(B) list and describe businesses related to the fashion industry; and(C) delineate components of softlines such as sportswear, footwear, and men's and children's fashions.(13) The student demonstrates mathematics knowledge and skills required to pursue the full-range of postsecondary education and career opportunities. The student is expected to:(A) apply data and measurements to solve a problem; and(B) analyze mathematical problem statements for missing or irrelevant data.</content><note type="source"><p>Source Note: The provisions of this §127.264 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.265"><num value="127.265">§127.265</num><heading>Social Media Marketing (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Business, Marketing, and Finance or any marketing course. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Social Media Marketing is designed to look at the rise of social media and how marketers are integrating social media tools in their overall marketing strategy. The course will investigate how the marketing community measures success in the new world of social media. Students will manage a successful social media presence for an organization, understand techniques for gaining customer and consumer buy-in to achieve marketing goals, and properly select social media platforms to engage consumers and monitor and measure the results of these efforts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows the nature and scope of social media marketing. The student is expected to:(A) differentiate between in-bound marketing and out-bound marketing;(B) explain the nature of in-bound marketing;(C) identify the various social media platforms and purposes;(D) define social media marketing;(E) identify and describe significant trends in the development of social media;(F) understand how the development of social media has shaped online media and communications; and(G) describe the social media marketing ecosystem and its impact on traditional marketing strategy.(2) The student knows the legalities, ethical implications, and risks associated with social media marketing. The student is expected to:(A) apply legal boundaries and concepts affecting social media;(B) analyze ethical guidelines and codes of ethics to explain how or why they are important to social media organizations;(C) identify risk factors associated with social media marketing;(D) explain the concept of real-time marketing; and(E) discuss the ramifications of real-time marketing.(3) The student knows how to critically evaluate social media and digital marketing tools. The student is expected to:(A) evaluate and understand how social media has influenced the function of marketing;(B) evaluate and understand how social media has evolved and influenced the way people communicate;(C) analyze and evaluate the influence of social media on individuals and how individuals influence social media; and(D) identify potential risks, advantages, and limitations of digital marketing tools.(4) The student knows that strategic planning is essential to the success of social media marketing. The student is expected to:(A) define the social media marketing process;(B) understand participation as a key element of the marketing mix;(C) understand how to integrate social media marketing into the Integrated Marketing Plan to promote brand/company awareness; and(D) develop a social media marketing plan.(5) The student demonstrates how to use social media as a marketing tool. The student is expected to:(A) analyze, evaluate, and communicate information effectively through the use of social networking platforms such as Facebook, LinkedIn, and Twitter as marketing tools;(B) analyze, evaluate, and communicate information effectively through the use of social publishing platforms such as Instagram, Pinterest, and Tumblr as marketing tools;(C) analyze, evaluate, and communicate information effectively through the use of social entertainment platforms such as YouTube, Flickr, and Vine as marketing tools;(D) analyze, evaluate, and communicate information effectively through the use of social commerce platforms such as Groupon, Yelp!, and 4Square as marketing tools; and(E) analyze, evaluate, and communicate information effectively through the use of emerging social media.(6) The student knows how to use mobile marketing as a marketing tool. The student is expected to:(A) understand the nature and scope of mobile marketing;(B) identify advantages and disadvantages of mobile marketing; and(C) demonstrate the ability to use mobile marketing tools such as Short Message Service (SMS)/Multimedia Messaging Service (MMS), Quick Response (QR) codes, mobile phone applications, and mobile optimized websites.(7) The student measures the success of a social media marketing plan. The student is expected to:(A) explain the role of social media in marketing research; (B) understand the nature and scope of social media analytics; and(C) measure the success of social media marketing strategies using analytics data.(8) The student knows that a career in social media marketing requires knowledge of the industry. The student is expected to:(A) research and describe careers in the field of social media marketing; and(B) research employment trends in the field of social media marketing.</content><note type="source"><p>Source Note: The provisions of this §127.265 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.266"><num value="127.266">§127.266</num><heading>Sports and Entertainment Marketing (One-Half Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Sports and Entertainment Marketing will provide students with a thorough understanding of the marketing concepts and theories that apply to sports and entertainment. The areas this course will cover include basic marketing concepts, publicity, sponsorship, endorsements, licensing, branding, event marketing, promotions, and sports and entertainment marketing strategies.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows business concepts and explains how business satisfies economic needs. The student is expected to:(A) categorize business activities such as production, marketing, management, or finance;(B) analyze the interdependence each business activity has with marketing;(C) demonstrate an understanding of the forms of business; and(D) demonstrate an understanding of the concept of economic impact.(2) The student knows the importance of marketing as well as the functions of marketing. The student is expected to:(A) explain the marketing concept as it relates to sports and entertainment;(B) describe each marketing function and how it relates to sports and entertainment;(C) explain how each component of the marketing mix contributes to successful marketing;(D) express the importance of target markets;(E) describe advantages and disadvantages of market segmentation and mass marketing;(F) explain the importance of market research and analysis; (G) illustrate the concept of positioning; and(H) describe how international marketing has affected the sports and entertainment industry.(3) The student knows that distribution channel members facilitate the movement of products. The student is expected to:(A) explain channels of distribution for sports and entertainment marketing products; and(B) describe activities of each channel member.(4) The student knows how sports and entertainment businesses achieve profitability. The student is expected to:(A) evaluate sources of financial information, including budgets, balance sheets, and income statements;(B) explain the concept and importance of revenue streams; and(C) explain the relationship of profit and loss to sports and entertainment products.(5) The student knows the marketing-information system. The student is expected to:(A) use a marketing-information system to make informed business decisions; and(B) analyze data used to make accurate forecasts and informed business decisions.(6) The student knows pricing strategies. The student is expected to:(A) compare and contrast pricing strategies; and(B) analyze the price of sports and entertainment marketing products.(7) The student knows the elements and processes of product planning. The student is expected to:(A) describe stages of new-product planning;(B) illustrate the product mix; and(C) identify stages of the product life cycle for new or existing sports or entertainment marketing products.(8) The student knows that successful marketers must develop, implement, and evaluate a promotional plan. The student is expected to:(A) identify, create, and demonstrate elements of the promotional mix; and(B) analyze a promotional plan for effectiveness.(9) The student knows that various types of risks impact business activities. The student is expected to:(A) identify business risks that are commonly associated with sports and entertainment business; and(B) explain methods a sports and entertainment business uses to control risks.(10) The student identifies the role of selling and emphasizes its importance in a sports and entertainment business. The student is expected to:(A) explain how selling contributes to economic activity;(B) describe the process of selecting and merchandising sports and entertainment products;(C) demonstrate steps in the selling process using sports and entertainment products;(D) explain the importance of ticket sales; and(E) develop a ticket sales strategy for a sports and entertainment product.(11) The student identifies the nature and scope of sports and entertainment marketing. The student is expected to:(A) research and explain the history of sports and entertainment as an industry and how it impacts today's marketplace; (B) identify sports and entertainment marketing terms;(C) list major environmental influences on sports and entertainment demand;(D) define sports marketing and entertainment marketing;(E) explain topics, including legislation and ethics, that impact sports and entertainment marketing;(F) research trends and emerging technologies affecting the sports and entertainment marketing industry; and(G) explain the concept of competition for discretionary income.(12) The student knows that a career in sports and entertainment marketing requires knowledge of demographics. The student is expected to:(A) explore how the use of demographics has influenced the industry; and(B) differentiate between buying habits and buying preferences.(13) The student knows that a career in sports and entertainment marketing requires knowledge of the industry. The student is expected to:(A) research careers in the sports and entertainment marketing industry;(B) list and describe businesses related to sports and entertainment; and(C) distinguish between the different roles in sports and entertainment marketing.(14) The student identifies reasons a sports and entertainment business would use marketing. The student will be expected to:(A) describe and simulate activities to market a sports and entertainment product;(B) understand why sports and entertainment businesses use marketing;(C) understand the importance of and key components of a marketing plan;(D) explain and give examples of marketing using sports and entertainment; and(E) explain and give examples of marketing of sports and entertainment.(15) The student understands the impact event marketing has on the sports and entertainment industry. The student is expected to:(A) define event marketing;(B) explain and provide examples of how event marketing attracts all three components of the event triangle (event, sponsor, and spectator); and(C) develop an effective event marketing strategy for a sports and entertainment product.(16) The student has an understanding of sponsorship proposals and contracts. The student is expected to:(A) identify components and content for a sponsorship proposal;(B) define and explain sponsorship issues;(C) categorize costs associated with a sponsorship;(D) identify types of sponsorship sales and relationship development;(E) examine benefits of sponsorship opportunities; and(F) explain laws that may affect a sponsorship agreement.(17) The student has an understanding of endorsement contracts. The student is expected to:(A) identify components of endorsement contracts;(B) discuss issues related to celebrity behavior on endorsements; and(C) research the rationale for a business to engage in endorsement contracts.(18) The student understands the importance of branding. The student is expected to:(A) define branding;(B) differentiate between types of brands;(C) identify examples of brand equity and brand extension in sports and entertainment;(D) explain the value in building a strong brand; and(E) determine the characteristics of a successful brand.(19) The student understands the importance of licensing. The student is expected to:(A) define licensing;(B) distinguish between licensor and licensee;(C) explain the advantages and disadvantages of licensing; and(D) identify examples of licensing in sports and entertainment. (20) The student knows the effect the fan experience has on the success of a sports business. The student is expected to:(A) explain how promoting and implementing a positive fan experience impacts revenues;(B) describe situations that impact the fan experience;(C) describe the concept of the fan/spectator experience;(D) define the term game operations;(E) explain the role of game entertainment in the sports business;(F) define game attractiveness;(G) identify game involvement activities that enhance fan experience; and(H) create a game operations plan to increase game attractiveness.(21) The student understands the importance of effectively communicating information with customers, media, and fans. The student is expected to:(A) explain why communications in sports and entertainment are important;(B) understand issues that impact the business of sports and entertainment;(C) define media;(D) understand the importance of media rights;(E) define publicity;(F) differentiate between publicity, public relations, media relations, and community relations;(G) create a press release;(H) create a press kit; and(I) simulate a press conference.(22) The student understands the strategies of successful entertainment marketing. The student is expected to:(A) discuss the different kinds of entertainment distribution; (B) identify strategies to market entertainment products; and(C) explain the promotional value of entertainment awards.</content><note type="source"><p>Source Note: The provisions of this §127.266 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.268"><num value="127.268">§127.268</num><heading>Advanced Marketing (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: one credit from the courses in the Business, Marketing, and Finance Career Cluster. Recommended prerequisite: Practicum in Marketing. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) In Advanced Marketing, students will gain knowledge and skills that help them become proficient in one or more of the marketing functional areas. Students will illustrate appropriate management and research skills to solve problems related to marketing. This course covers technology, communication, and customer-service skills. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops a project on a topic related to the field of marketing and uses in-depth research to present findings. The student is expected to:(A) identify a topic to investigate or research;(B) consult with an expert to investigate and discover possible solutions to an issue; and(C) present findings to an audience that includes experts in the field.(2) The student knows the concepts of market and market identification. The student is expected to:(A) perform a market analysis;(B) conduct a strengths, weaknesses, opportunities, and threats (SWOT) analysis for use in the marketing planning process; and(C) create a marketing plan.(3) The student understands the roles of management. The student is expected to:(A) differentiate among levels of management;(B) compare and contrast management styles;(C) identify effective recruitment, selection, training and development, and performance evaluation techniques;(D) demonstrate an understanding of the process used to train and monitor employees to ensure compliance with laws, regulations, and self-regulatory measures; (E) model techniques to use in difficult customer relations situations; and(F) analyze factors involved in facilities design, maintenance, and improvement.(4) The student identifies the need for professional and career development. The student is expected to:(A) identify types of media available such as LinkedIn and industry-specific publications; and(B) explain the role of professional organizations and networking.(5) The student integrates listening, reading, speaking, writing, and nonverbal communication skills effectively. The student is expected to:(A) communicate effectively in a business management setting; and(B) understand appropriate protocol in a business meeting. (6) The student knows the importance of emerging trends and technologies in marketing. The student is expected to:(A) discuss trends affecting marketing; and(B) research emerging technologies in marketing.(7) The student knows the impact and value of diversity. The student is expected to:(A) portray how cultural diversity affects marketing; and(B) discover legal responsibilities regarding diversity.(8) The student identifies international economic factors that affect marketing planning. The student is expected to:(A) identify strategies for entering international markets; (B) illustrate cultural, economic, and political factors to consider when engaging in international trade;(C) distinguish between imports and exports;(D) explain the interdependence of nations;(E) analyze advantages and disadvantages of international trade;(F) determine the impact of global trade on business decision making;(G) describe the determinants of exchange rates and their effects on the domestic economy;(H) discuss the impact of cultural and social environments on global trade; and(I) interpret labor issues associated with global trade.(9) The student identifies marketing research as a specific inquiry to solve a problem. The student is expected to:(A) express the importance of marketing research;(B) describe areas of marketing research such as advertising, product, market, and sales;(C) explain the purpose of test marketing;(D) identify trends affecting marketing research; and(E) communicate benefits and limitations of marketing research.(10) The student knows the components of the marketing research process in order to analyze demand, forecast sales, and make other decisions. The student is expected to:(A) state the marketing research process;(B) identify methods of collecting data;(C) describe ways technology is used in research;(D) design and implement a study;(E) analyze and interpret data collected;(F) develop a research report; and(G) make recommendations based on the research report.(11) The student knows the importance of branding and extended product features. The student is expected to:(A) define branding elements;(B) distinguish between warranties and guarantees; and(C) design a product package, brand, and label.(12) The student analyzes the laws and regulations that affect products. The student is expected to:(A) differentiate among laws, regulations, and self-regulatory measures for products; and(B) clarify how business is affected by government regulation of consumer protection.(13) The student knows that public relations and publicity can be used to promote a business or organization. The student is expected to:(A) prepare publicity materials;(B) distinguish among activities that would encourage positive public relations; and(C) analyze potential impact of publicity and offer possible strategies for dealing with the impact.(14) The student knows that the purchasing process occurs in a continuous cycle. The student is expected to:(A) explain the process of identifying needs;(B) describe the process of selecting suppliers and sources;(C) explain the negotiation process;(D) explain how goods and services are ordered; and(E) distinguish strategies used in evaluating purchases.(15) The student knows that a buying plan identifies products to be offered for sale for a particular period of time. The student is expected to:(A) describe and calculate merchandising-related discounts; (B) interpret vendor terms and policies; and(C) calculate the final cost of a product.(16) The student knows the important role each employee plays in providing exceptional customer service. The student is expected to:(A) identify employee management actions and attitudes that result in customer satisfaction;(B) describe how customer service and follow-up are major factors for success in marketing; and(C) demonstrate effective communication with customers to foster positive relationships that enhance company image.(17) The student demonstrates the management of selling activities. The student is expected to:(A) explain sales and financial quotas;(B) identify types of information contained in sales records; and(C) exhibit proper procedures for maintaining sales records.(18) The student prepares for employment in a particular career field. The student is expected to:(A) identify training, education, and certification requirements for occupational choice; and(B) research career-related training or degree programs.(19) The student demonstrates mathematics knowledge and skills required to pursue the full-range of postsecondary education and career opportunities. The student is expected to:(A) demonstrate use of relational expressions such as equal to, not equal to, greater than, and less than;(B) apply data and measurements to solve a problem;(C) analyze mathematical problem statements for missing or irrelevant data;(D) construct charts, tables, and graphs from functions and data; and(E) analyze data when interpreting operational documents.(20) The student applies ethical reasoning to a variety of workplace situations in order to make ethical decisions. The student is expected to:(A) weigh alternative responses to workplace situations based on legal responsibilities and employer policies;(B) weigh alternative responses to workplace situations based on personal or professional ethical responsibilities;(C) identify and explain personal and long-term consequences of unethical or illegal behaviors; and(D) identify the most appropriate response to workplace situations based on legal and ethical considerations.(21) The student knows the importance of teamwork, leadership, and organizational skills. The student is expected to:(A) specify how teams function;(B) use teamwork to solve problems;(C) differentiate between the roles of team leaders and team members;(D) analyze characteristics of good leaders;(E) identify employers' expectations and appropriate work habits;(F) define discrimination, harassment, and inequality;(G) demonstrate time-management techniques to develop and maintain schedules and meet deadlines;(H) illustrate how teams measure their results; and(I) demonstrate methods to recognize and reward team performance.</content><note type="source"><p>Source Note: The provisions of this §127.268 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.270"><num value="127.270">§127.270</num><heading>Commercial Lending and Real Estate (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a Level 2 or higher course from the Business, Marketing, and Finance Career Cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) Commercial Lending and Real Estate is designed to equip students with the knowledge and skills needed to excel in the field of commercial lending. Students gain an understanding of commercial lending principles and practices, develop expertise in analyzing commercial real estate properties, learn about various types of commercial loans and their underwriting processes, and explore the role of commercial lenders in driving economic development.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the fundamental concepts of commercial lending and real estate. The student is expected to:(A) define commercial lending and distinguish commercial lending from residential lending;(B) explain how the role of commercial lending affects economic development and the growth of the real estate market;(C) describe the relationship between commercial real estate and commercial lending practices; and(D) explain the role of the U.S. Small Business Administration and their loan programs.(2) The student examines different types of commercial real estate. The student is expected to:(A) identify and describe various types of commercial properties, including office buildings, retail centers, industrial facilities, and multifamily housing;(B) analyze the unique characteristics and investment potential of each type of commercial property; and(C) identify and evaluate the impact of market trends on different sectors of commercial real estate.(3) The student understands the processes involved in commercial lending. The student is expected to:(A) describe the steps involved in originating a commercial loan, including application, underwriting, and approval;(B) analyze the criteria, including income, credit history, and collateral, that lenders use to assess creditworthiness of borrowers; and(C) explain the role of risk assessment and mitigation in the commercial lending process.(4) The student uses financial analysis techniques to evaluate commercial real estate investments. The student is expected to:(A) calculate key financial metrics such as net operating income (NOI), cap rate, and return on investment (ROI) for a given commercial lending scenario;(B) use financial modeling to project cash flows and assess the profitability of commercial real estate projects through consideration of market trends, financing options, and risk assessment; and(C) analyze the impact of financing terms, interest rates, and loan structures on commercial real estate investments.(5) The student examines commercial lending and real estate legal and regulatory environments. The student is expected to:(A) identify key laws and regulations, including zoning laws, environmental regulations, and fair lending practices, that govern commercial real estate transactions;(B) analyze the role of contracts in commercial real estate, including purchase agreements, lease agreements, and loan documents;(C) explain the difference between surface rights and mineral rights and how they relate to commercial real estate projects; and(D) identify and discuss how regulatory changes impact commercial lending and real estate markets.(6) The student explores the various structures and terms used in commercial loans. The student is expected to:(A) describe common loan structures, including fixed-rate, adjustable-rate, and interest-only loans;(B) analyze the advantages and disadvantages of different loan terms, including loan-to-value ratio, origination costs, amortization period, and prepayment penalties; and(C) compare creative commercial financing options such as mezzanine financing and bridge loans in commercial real estate transactions.(7) The student analyzes commercial real estate markets to inform investment and lending decisions. The student is expected to:(A) conduct market research to assess supply and demand dynamics in commercial real estate;(B) evaluate the impact of economic indicators, including employment and interest rates on commercial real estate markets; and(C) analyze and evaluate emerging trends in commercial real estate such as urbanization and technology-driven changes.(8) The student understands the importance of risk management in commercial lending and real estate. The student is expected to:(A) identify common risks associated with commercial lending, including default risk, interest rate risk, and market risk;(B) research and describe risk mitigation strategies, including diversification, insurance, and due diligence, used in commercial lending and real estate transactions; and(C) evaluate the role of loan covenants, personal guarantees, cosigners, and credit enhancements in protecting lenders.(9) The student examines the processes involved in servicing commercial loans and managing real estate assets. The student is expected to:(A) describe the responsibilities of loan servicers, including payment processing, account management, and collections;(B) analyze asset management strategies for maximizing the value of commercial real estate investments, including financial analysis, performance monitoring, property management, tenant relations, market analysis, strategic planning, risk management, portfolio diversification, and exit strategy planning; and(C) research and describe the challenges of managing distressed assets and non-performing loans such as valuation difficulties, legal and regulatory complexities, operational challenges, market and economic factors, and reputational risks.(10) The student understands the principles and practices of commercial real estate development. The student is expected to:(A) describe the stages of commercial real estate development from site selection to project completion;(B) analyze the financial, legal, and regulatory considerations of commercial development projects; and(C) analyze various impacts of development on communities, including benefits and challenges.(11) The student identifies and understands ethical considerations in commercial lending and real estate transactions. The student is expected to:(A) discuss ethical issues related to lending practices, including predatory lending, conflicts of interest, and transparency, and evaluate the impact of these issues on consumers and financial institutions; and(B) propose strategies for promoting integrity and ethical behavior in the commercial lending and real estate professions, including transparency, accountability, and compliance with regulations.(12) The student explores career opportunities in commercial lending and real estate. The student is expected to:(A) identify various career paths in commercial lending and real estate, including loan officers, commercial mortgage brokers, investors, underwriters, real estate appraisers, real estate analysts, and developers, and describe the primary responsibilities and qualifications for each role;(B) research and identify the education, skills, and certifications required for different roles in the industry, including loan officers, real estate appraisers, underwriters, real estate analysts, commercial mortgage brokers, investors, and developers; and(C) develop a career plan that includes short- and long-term goals for entering and advancing in the commercial lending and real estate fields.(13) The student explores entrepreneurship opportunities in commercial lending and real estate. The student is expected to:(A) research and identify federal rules such as Consumer Financial Protection Bureau and Nationwide Multistate Licensing Systems rules and federal laws such as the Truth in Lending Act and Fair Credit Reporting Act related to owning and operating a mortgage firm;(B) research and identify federal rules such as Housing Urban Development and Federal Housing Finance Agency (FHFA) rules and federal laws such as the Fair Housing Act and Equal Opportunity Act related to owning and operating a commercial real estate agency; and(C) research and identify requirements for owning and operating a commercial real estate property.</content><note type="source"><p>Source Note: The provisions of this §127.270 adopted to be effective February 24, 2026, 51 TexReg 1124.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.275"><num value="127.275">§127.275</num><heading>Entrepreneurship I (One Credit), Adopted 2023</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. Recommended prerequisite: Principles of Business, Marketing and Finance. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) In Entrepreneurship I, students will gain the knowledge and skills needed to become an entrepreneur in a free enterprise system. Students will learn the key concepts necessary to begin and operate a business. The primary focus of the course is to help students identify the types and selection criteria of business structures, understand the components of a business plan, determine feasibility of an idea using research, and develop and present a business concept. In addition, students will understand the basics of management, accounting, finance, marketing, risk, and product development.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations, local chamber of commerce meetings, and meetings with entrepreneurs, mentors, or industry experts.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) demonstrate professional business communication skills such as verbal phone conversations and the construction of email in a professional manner, including subject line, salutation, email body, closing, and signature;(B) model professional business norms for face-to-face and virtual interactions in alignment with business norms;(C) identify how to conduct a meeting with professionals, including the importance of punctual attendance, wearing attire appropriate for the meeting, introducing all parties to one another, reviewing and using the meeting agenda as a guide for the meeting, taking notes during the meeting, and sending meeting outcomes to each participant after the conclusion of the meeting;(D) communicate effectively with others using verbal and nonverbal communication, active listening, and writing skills in a business setting;(E) demonstrate collaboration skills, including resolving conflicts, within a team setting;(F) demonstrate a productive work ethic, including working hard, respecting authority, performing assigned tasks, following schedules, and meeting deadlines;(G) evaluate the ethical course of action for entrepreneurs using applicable rules, laws, and regulations;(H) demonstrate leadership skills by participating in career and technical student organizations, leading a team project, or facilitating a group discussion;(I) demonstrate coachability skills by receiving and giving constructive feedback;(J) demonstrate critical and analytical thinking skills when comparing business decisions; and(K) demonstrate virtues, including trustworthiness, responsibility, and good citizenship.(2) The student demonstrates an understanding of entrepreneurship. The student is expected to:(A) distinguish between the terms entrepreneurship and entrepreneur;(B) define small-, medium-, and large-sized businesses;(C) differentiate between the various routes to entrepreneurship, including start-ups, franchising, acquisition, mergers, and non-profit ownership;(D) identify and discuss the risks and benefits of an entrepreneurial way of life;(E) analyze and discuss the advantages and disadvantages of entrepreneurship;(F) distinguish between intrapreneurship and entrepreneurship; and(G) identify the role entrepreneurship plays in innovation within a free-market economy.(3) The student researches corporations, limited liability corporations, franchises, partnerships, limited partnerships, and sole proprietorships to understand business structures. The student is expected to:(A) evaluate the advantages and disadvantages involved with the ownership of corporations, limited liability corporations, franchises, partnerships, limited partnerships, and sole proprietorships, including control, tax implications, risk, and liability;(B) differentiate between management structures for different types of business;(C) investigate local businesses and classify them by their business structures; and(D) identify the primary importance of shareholders.(4) The student engages in discovery activities related to entrepreneurship. The student is expected to:(A) complete a career interest inventory or career aptitude test and a personality assessment to identify personality traits, strengths, and weaknesses;(B) identify characteristics of successful entrepreneurs; and(C) identify opportunities for personal growth through self-reflection activities.(5) The student identifies problems and creates solutions to address market wants and needs. The student is expected to:(A) identify and analyze problems in the marketplace through an ideation process and market research;(B) describe possible solutions for the marketplace problems identified; and(C) determine the feasibility of a solution by performing a features-benefits-value analysis.(6) The student understands the key components included in a business plan. The student is expected to:(A) define and explain basic accounting terms, including revenue; expenses; cash; accounts receivable; accounts payable; fixed assets; liquid assets; inventory; liabilities; cost of goods sold; earnings before interest, taxes, depreciation, and amortization (EBITDA); gross profit; net profit; forecasts; cash flow; return on investment; and owners' equity;(B) identify possible diversified revenue streams and explain how to generate various revenue streams for a business;(C) define and explain variable, fixed, and mixed costs;(D) identify the components of key financial statements of a business plan, including balance sheet, profit and loss statement, and cash flow statement;(E) calculate unit economics and a break-even point using sample data;(F) define and explain different channels of distribution;(G) define and explain demographics, psychographics, and geographics as related to potential customer segment;(H) provide examples of market segments;(I) compare various pricing strategies such as cost-plus pricing, price skimming, penetration pricing, premium pricing, and value-based pricing;(J) define and explain a competitive analysis;(K) analyze and explain different types of marketing and sales strategies, including digital and social media marketing;(L) identify and define key performance metrics and describe how they may vary by industry; and(M) describe the unique value proposition of a product or service that provides a competitive edge against existing competitors.(7) The student demonstrates an understanding of a business planning methodology. The student is expected to:(A) identify the components of a business planning tool, including the Business Model Canvas; and(B) apply a business planning template to an existing business.(8) The student creates a plan for a preliminary business concept. The student is expected to:(A) identify a current market need or problem;(B) identify a product or service to address the market need or problem;(C) explain the unique value proposition of the product or service;(D) explain potential impacts of the availability of the product or service on a selected target market; and(E) summarize the feasibility and key elements of the business venture.(9) The student develops and delivers a comprehensive presentation on a preliminary business concept. The student is expected to:(A) identify and explain the components of a pitch;(B) create a pitch for a preliminary business concept;(C) align presentation strategies to the intended audience and purpose;(D) select and implement effective multimedia strategies for a presentation;(E) provide and receive constructive feedback following a presentation; and(F) demonstrate effective presentation skills.(10) The student knows how to access and use organizations and resources to support entrepreneurs. The student is expected to:(A) identify and compare the opportunities of various local, state, and national organizations and associations that provide resources to entrepreneurs, including startup grants and loans; and(B) analyze the benefits of the various services provided by the Small Business Administration, Small Business Development Centers, Service Corps of Retired Executives (SCORE), chambers of commerce, institutions of higher education, and industry-related associations.</content><note type="source"><p>Source Note: The provisions of this §127.275 adopted to be effective February 13, 2024, 49 TexReg 696.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.276"><num value="127.276">§127.276</num><heading>Entrepreneurship II (One Credit), Adopted 2023</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Entrepreneurship I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing.(3) In Entrepreneurship II, students gain the knowledge and skills needed to become successful entrepreneurs within an innovative marketplace in a free enterprise system. The goal and outcome of the course are for students to have a business launched by the end of the course or have the tools necessary to launch and operate a business. In this course, students learn and initiate the process of taking a business plan from idea to implementation. Students are encouraged to work in close cooperation with local industry leaders and community members to develop ideas and objectives, complete a business planning tool, pitch for funding, and register with governmental agencies.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations, local chamber of commerce meetings, and meetings with entrepreneurs, mentors, or industry experts.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) demonstrate professional business skills through written and oral communication;(B) demonstrate a productive work ethic by using a personal calendar, task list, and project management tools;(C) conduct meetings in face-to-face and virtual settings by creating an agenda, confirming the meeting, using an agenda as a guide for the meeting, and sending meeting follow-up correspondence;(D) demonstrate collaboration skills within a diverse team setting;(E) identify an ethical course of action in a business setting;(F) demonstrate leadership skills by participating in career and technical student organizations, leading a team project, or facilitating a group discussion;(G) demonstrate coachability skills by working hard, respecting authority, and using feedback to inform decision making;(H) set short- and long-term goals;(I) identify appropriate business attire in various work settings;(J) demonstrate critical and analytical thinking skills when comparing business decisions; and(K) demonstrate virtues, including trustworthiness, responsibility, and good citizenship.(2) The student demonstrates an understanding of the entrepreneurial environment. The student is expected to:(A) compare the advantages and disadvantages of corporations, franchises, partnerships, limited-liability companies, and sole-proprietorships;(B) evaluate the factors involved with starting, acquiring, or expanding a business;(C) describe franchise opportunities and ownership requirements;(D) define scaling as it applies to growing a business;(E) self-reflect on and evaluate personal strengths for becoming a successful entrepreneur; and(F) analyze opportunity costs for a given business example.(3) The student engages in the ideation process and determines the feasibility of an entrepreneurial venture. The student is expected to:(A) identify and analyze problems in the marketplace through an ideation process;(B) analyze market research to identify possible solutions to a problem;(C) identify the customer segment affected by a problem;(D) research, develop, and implement focus group questions for a specific customer segment;(E) evaluate the feasibility of possible solutions to a problem, including a competitive analysis such as a strength, weakness, opportunities, and threats (SWOT) analysis; and(F) select and present the most viable solution to a problem based on market research, feasibility, and customer segmentation.(4) The student creates a minimum viable product (MVP) for a start-up business. The student is expected to:(A) define minimum viable product and unique value proposition for a good or service;(B) create a minimum viable product to a solution generated from an ideation process;(C) identify unique value proposition(s) of a minimum viable product;(D) present the minimum viable product, including the unique value proposition(s), for feedback; and(E) conduct market testing of the minimum viable product.(5) The student understands how to select a funding source for a start-up business. The student is expected to:(A) compare the advantages and disadvantages of potential funding sources, including crowdsourcing, private equity firms, venture capitalists, banks and other lenders, friends and relatives, grants, state and local development agencies, and angel investors;(B) identify predatory lending schemes and practices; and(C) evaluate risks and benefits of various funding sources from short- and long-term perspectives.(6) The student determines an ownership structure for a start-up business. The student is expected to:(A) compare ownership structures for a start-up business;(B) select an ownership structure and explain why it is appropriate for a start-up business; and(C) explain the process for legally registering and obtaining a tax status for a start-up business for a selected ownership structure.(7) The student uses a business planning tool to develop a start-up business concept. The student is expected to:(A) research business plan outlines, resources, and templates such as Business Model Canvas, lean business model template, or a traditional business plan template;(B) select an appropriate business planning tool for a start-up business;(C) complete the components of a selected business planning tool for a start-up business concept; and(D) present a start-up business concept for feedback.(8) The student demonstrates an understanding of accounting and financial practices. The student is expected to:(A) explain the importance of budgeting and cash flow, including burn rate;(B) identify revenues and expenses for a start-up business;(C) explain the importance of and interrelationship between financial statements, including a profit and loss statement, balance sheet, and statement of cash flow;(D) create an operational budget for a start-up business;(E) create a monthly projected financial statement for a three-year period for a start-up business;(F) identify accounting tools and services such as accounting and bookkeeping software, payroll services, and tax services; and(G) select appropriate accounting tools and services for a start-up business.(9) The student demonstrates an understanding of the legal and regulatory environment for a business. The student is expected to:(A) differentiate ways to protect intellectual property;(B) distinguish between the advantages and disadvantages of a patent;(C) determine the types of licenses a start-up business might be required to obtain, including a business license, employer identification number, name registry, professional license, and occupational license;(D) examine the role of government agencies that oversee business regulations and determine the regulatory implications for a start-up business;(E) examine the role of workplace safety and health in the regulatory environment and determine its implications for a start-up business;(F) analyze the purpose of legally binding contracts;(G) explain the implications of tax laws on a business;(H) describe the impact of labor laws when creating a start-up business;(I) create a sample contract for a start-up business such as sales, employment, purchase, lease, or non-disclosure agreement; and(J) examine implications of sexual harassment and workplace violence on a business.(10) The student demonstrates an understanding of ethical and moral obligations in entrepreneurship as they relate to shareholders, employees, customers, and the community. The student is expected to:(A) develop ideas to build a moral and ethical business culture;(B) evaluate the impact of unethical and immoral practices on stakeholders;(C) create the core values for a start-up business; and(D) create purpose, vision, and mission statements for a start-up business.(11) The student understands the impact of leadership, human resources, and management on a start-up business. The student is expected to:(A) distinguish between leadership and management;(B) explore and identify personal leadership style;(C) develop recruitment, hiring, and retention strategies for a start-up business;(D) examine and describe effective leadership and management strategies;(E) create an organizational chart for a start-up business;(F) create job descriptions for key roles in a start-up business; and(G) explain how company culture impacts recruitment and retention.(12) The student determines a pricing structure for a start-up business. The student is expected to:(A) create and justify a pricing structure for a start-up business;(B) develop and analyze pricing objectives;(C) use sample data to calculate prices, markups, and discounts for a start-up business;(D) calculate unit economics and a break-even point for a start-up business; and(E) explain the role of supply and demand on pricing.(13) The student determines effective marketing and promotional strategies for a start-up business. The student is expected to:(A) develop promotional objectives;(B) create a marketing plan for a start-up business that includes the use of internet, social media, and sales strategies;(C) analyze customer buying behavior to inform promotional decision-making;(D) create promotional materials using appropriate technology;(E) conduct a market test to measure promotional effectiveness;(F) explain the role of search engine optimization as a marketing strategy;(G) select an appropriate point-of-sale or e-commerce payment method; and(H) compare how promotional strategies change during the product life cycle.(14) The student understands the role of distribution and supply chain management for a start-up business. The student is expected to:(A) determine distribution costs associated with transportation, storage, product handling, and inventory control;(B) explain how distribution adds value to a product or service by providing place, possession, and time utility to a consumer;(C) select suppliers for the production of goods and services; and(D) analyze risks and challenges with supply chain management and distribution.(15) The student understands key metrics to measure the success of a business. The student is expected to:(A) explain the role and importance of key metrics as a measure of success;(B) identify and define common key metrics; and(C) select and justify key metrics for a start-up business.(16) The student presents a well-organized business plan. The student is expected to:(A) create and present a comprehensive business plan that includes business description, target market, key metrics, revenue streams, pricing structure, competitive advantage, unique value proposition, distribution channels, and financial forecast;(B) identify the purpose of and present an elevator pitch;(C) create and deliver a presentation for start-up business funding;(D) select and implement effective multimedia strategies for a presentation;(E) provide and receive constructive feedback following a presentation;(F) demonstrate effective presentation skills; and(G) create an executive summary.(17) The student understands the process for launching a start-up business. The student is expected to:(A) research and identify the process for launching a start-up business in the local area;(B) evaluate insurance costs, locations, and loan terms; and(C) assess equipment needs and other resources needed to launch the business.</content><note type="source"><p>Source Note: The provisions of this §127.276 adopted to be effective February 13, 2024, 49 TexReg 696.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.294"><num value="127.294">§127.294</num><heading>Business Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 9-12 as a corequisite course for students participating in a coherent sequence of career and technical education courses in the Business, Marketing, and Finance Career Cluster. This course provides an enhancement opportunity for students to develop the additional skills necessary to pursue industry certification. Corequisite: any course in the Business, Marketing, and Finance Career Cluster. Recommended corequisite: Foundations of Business Communication and Technologies or Business Communication and Technologies. This course must be taken concurrently with a corequisite course from the Business, Marketing, and Finance Career Cluster and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with the corequisite course to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Business Lab is designed to provide students an opportunity to further enhance skills of previously studied knowledge and skills and may be used as an extension of Foundations of Business Communication and Technologies or Business Communication and Technologies; it is a recommended corequisite course and may not be offered as a stand-alone course. Students implement personal and interpersonal skills to strengthen individual performance in the workplace and in society and to make a successful transition to the workforce or postsecondary education. Students apply technical skills to address business applications of emerging technologies. Students develop a foundation in the economic, financial, technological, international, social, and ethical aspects of business to become competent consumers, employees, and entrepreneurs. Students enhance reading, writing, computing, communication, and reasoning skills and apply them to the business environment. Students incorporate a broad base of knowledge that includes the legal, managerial, marketing, financial, ethical, and international dimensions of business to make appropriate business decisions.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those that contain the phrase "such as" are intended as possible illustrative samples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills required by business and industry. The student is expected to:(A) communicate effectively with others using oral and written skills;(B) demonstrate collaboration skills through teamwork;(C) demonstrate professionalism by conducting oneself in a manner appropriate for the profession and workplace;(D) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(E) comply with all applicable rules, laws, and regulations; (F) demonstrate time-management skills by prioritizing tasks, following schedules, and tending to goal-relevant activities in a way that uses time wisely and optimizes efficiency and results; and(G) pursue appropriate licensing, certification, and/or credentialing requirements relevant to the business field.(2) The student develops an elevated aptitude for the essential skills listed for the recommended corequisite course(s). The student is expected to:(A) demonstrate deeper understanding of related course requirements;(B) develop mastery of hands-on skills at an industry accepted standard; and(C) exhibit progress toward achieving industry recognized documentation of specific expertise in a business field or skill.</content><note type="source"><p>Source Note: The provisions of this §127.294 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.295"><num value="127.295">§127.295</num><heading>Practicum in Business Management (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisites: Touch System Data Entry and Business Management or Business Communication and Technologies. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Practicum in Business Management is designed to give students supervised practical application of previously studied knowledge and skills. Practicum experiences occur in a paid or unpaid arrangement and a variety of locations appropriate to the nature and level of experience. Students implement personal and interpersonal skills to strengthen individual performance in the workplace and in society and to make a successful transition to the workforce or postsecondary education. Students apply technical skills to address business applications of emerging technologies. Students develop a foundation in the economic, financial, technological, international, social, and ethical aspects of business to become competent consumers, employees, and entrepreneurs. Students enhance reading, writing, computing, communication, and reasoning skills and apply them to the business environment. Students incorporate a broad base of knowledge that includes the legal, managerial, marketing, financial, ethical, and international dimensions of business to make appropriate business decisions.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies and implements employability skills to gain a position in a company. The student is expected to:(A) assess personal marketability;(B) practice job-search strategies, including:(i) write a letter of application;(ii) prepare a resume;(iii) use networking techniques to identify employment opportunities; and(iv) complete a job application;(C) demonstrate proper interview techniques and professional dress and appearance;(D) interview for a job, performing proper interview techniques and modeling professional dress and appearance;(E) practice appropriate follow-up etiquette procedures, including:(i) write a thank you note; and(ii) write a follow-up letter after a job interview;(F) identify skills and attributes necessary for professional advancement;(G) evaluate and compare employment options such as salaries, benefits, and prerequisites;(H) identify and rank tangible and intangible rewards of work; and(I) identify employment opportunities and complete job search procedures such as job applications and W-4.(2) The student demonstrates professional standards as required by business and industry. The student is expected to:(A) adhere to policies and procedures;(B) demonstrate positive work behaviors and attitudes, including punctuality, time-management, initiative, and cooperation;(C) apply ethical reasoning to a variety of situations in order to make ethical decisions; and(D) complete tasks with the highest standards to ensure quality products and services.(3) The student develops and demonstrates skills for success in the workplace. The student is expected to:(A) explain the importance of and model appropriate dress, hygiene, and demeanor for the work assignment;(B) exhibit productive work habits and attitudes, including accepting constructive criticism; and(C) prioritize work to fulfill responsibilities, meet deadlines, and complete tasks with the highest standards to ensure quality products and services.(4) The student applies principles of effective interpersonal skills. The student is expected to:(A) demonstrate professional qualities, including positive attitude, loyalty, and diplomacy;(B) identify and demonstrate skills needed to maintain effective work relations with relevant parties such as colleagues and customers;(C) demonstrate a respect for different workplace cultures and individuals from different cultures, genders, and backgrounds;(D) understand rights and responsibilities concerning sexual harassment in the workplace;(E) apply tact in handling criticism and disagreement or disappointment, accept constructive criticism, and revise personal views when valid evidence warrants;(F) explain the concepts of integrity and confidentiality as related to the office environment; and(G) demonstrate methods for implementing and improving customer satisfaction.(5) The student demonstrates leadership and teamwork skills in collaborating with others to accomplish goals and objectives. The student is expected to:(A) analyze leadership in relation to trust, positive attitude, integrity, and willingness to accept key responsibilities in a work situation;(B) demonstrate teamwork skills through working cooperatively with others to achieve goals;(C) demonstrate teamwork processes that promote team building, consensus, continuous improvement, respect for the opinions of others, cooperation, adaptability, and conflict resolution;(D) demonstrate responsibility for shared group and individual work tasks; and(E) establish and maintain effective working relationships by:(i) demonstrating interpersonal skills;(ii) using positive interpersonal skills to work cooperatively with others;(iii) negotiating effectively to arrive at decisions; and(iv) demonstrating sensitivity to and value for diversity. (6) The student facilitates internal and external office communications to support work activities. The student is expected to:(A) record messages accurately, legibly, and completely;(B) deliver messages to the appropriate person or department; (C) coordinate arrangements for participants;(D) follow calling and login procedures; and(E) troubleshoot any problems.(7) The student abides by risk-management policies and procedures for technology to minimize loss. The student is expected to:(A) adhere to technology safety and security policies such as acceptable use policy and web page policies;(B) apply ergonomic techniques to technology tasks;(C) adhere to laws pertaining to computer crime, fraud, and abuse;(D) follow procedures used to restart and recover from situations such as system failure and virus infection;(E) follow policies to prevent loss of data integrity; and(F) adhere to the organization's policies for technology use.(8) The student uses information technology tools to manage and perform work responsibilities. The student is expected to:(A) demonstrate advanced web search skills;(B) demonstrate advanced word-processing skills by:(i) identifying customary styles of business documents such as memoranda, letters, emails, and reports;(ii) inputting data using the touch system;(iii) demonstrating basic writing techniques such as correct memorandum format, informal or formal style, and direct or indirect layout;(iv) applying correct grammar, spelling, punctuation, and other English mechanics; and(v) using references and preparing notations;(C) apply advanced presentation applications;(D) demonstrate advanced spreadsheet applications by:(i) entering labels and values into spreadsheet cells;(ii) formatting labels and values;(iii) preparing tables, graphs, infographics and graphics; (iv) developing formulas and entering appropriate functions; and(v) verifying formulas and functions with sample values;(E) construct advanced database applications;(F) perform scheduling functions electronically to facilitate on-time, prompt completion of work activities by:(i) creating a calendar or schedule;(ii) maintaining an appointment calendar;(iii) verifying appointments;(iv) coordinating travel arrangements;(v) setting up meeting arrangements; and(vi) disseminating meeting information to appropriate persons; and(G) enter data without error.(9) The student manages personal finances to achieve financial goals. The student is expected to:(A) develop a budget based on personal financial goals;(B) interpret a pay stub;(C) read and reconcile bank statements;(D) maintain financial records;(E) demonstrate the wise use of credit;(F) validate a credit history;(G) protect against identity theft; and(H) prepare personal income tax forms, including the 1040E.(10) The student establishes procedures to maintain equipment and supplies. The student is expected to:(A) determine equipment needed;(B) determine supplies needed;(C) establish equipment and supplies maintenance systems;(D) schedule equipment maintenance; and(E) use equipment and supplies maintenance procedures.(11) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) analyze elements of a problem to develop creative and innovative solutions;(B) critically analyze information to determine value to the problem-solving task;(C) compare and contrast alternatives using a variety of problem-solving and critical-thinking skills; and(D) conduct technical research to gather information necessary for decision making.</content><note type="source"><p>Source Note: The provisions of this §127.295 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.296"><num value="127.296">§127.296</num><heading>Extended Practicum in Business Management (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Business, Marketing, and Finance Career Cluster. Recommended prerequisites: Touch System Data Entry and Business Management or Business Communication and Technologies. Corequisite: Practicum in Business Management. This course must be taken concurrently with Practicum in Business Management and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Extended Practicum in Business Management is designed to give students supervised practical application of previously studied knowledge and skills. Practicum experiences occur in a paid or unpaid arrangement and a variety of locations appropriate to the nature and level of experience. Students implement personal and interpersonal skills to strengthen individual performance in the workplace and in society and to make a successful transition to the workforce or postsecondary education. Students apply technical skills to address business applications of emerging technologies. Students develop a foundation in the economic, financial, technological, international, social, and ethical aspects of business to become competent consumers, employees, and entrepreneurs. Students enhance reading, writing, computing, communication, and reasoning skills and apply them to the business environment. Students incorporate a broad base of knowledge that includes the legal, managerial, marketing, financial, ethical, and international dimensions of business to make appropriate business decisions. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to: (A) demonstrate proper use of written, verbal, and visual communication techniques with increased proficiency;(B) apply active listening skills to obtain and clarify information; (C) create and deliver formal and informal presentations effectively; (D) analyze, interpret, and effectively communicate information; and(E) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills independently and in groups with increased fluency to solve problems and make decisions;(B) apply critical-thinking strategies with increased fluency to develop solutions using appropriate technologies and resources; (C) conduct technical research to gather information necessary for decision making; and(D) analyze elements of a problem to develop creative and innovative solutions.(3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to:(A) understand and consistently follow workplace safety rules and regulations;(B) adhere to technology safety and security policies such as acceptable use policy and web page policies; and(C) follow policies to prevent loss of data integrity.(4) The student understands the professional, ethical, and legal responsibilities in business management. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) describe and practice ethical and legal responsibilities associated with business management; (C) show integrity by choosing the ethical course of action when making decisions; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a business management experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised business management experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) facilitate internal and external office communications to support work activities;(D) demonstrate appropriate use of information technology tools to manage and perform work responsibilities; (E) create customary styles of business documents such as memoranda, letters, emails, and reports, as appropriate;(F) perform scheduling functions electronically to facilitate on-time, prompt completion of work activities;(G) demonstrate growth of technical skill competencies;(H) evaluate strengths and weaknesses in technical skill proficiency; and(I) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.296 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.297"><num value="127.297">§127.297</num><heading>Practicum in Marketing (Two Credits), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended Prerequisite: Principles of Business, Marketing, and Finance. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Practicum in Marketing is a series of dynamic activities that focus on the customer to generate a profitable exchange. Students will gain knowledge and skills that help them to be proficient in one or more of the marketing functional areas associated with distribution, financing, marketing information management, pricing, product planning, promotion, purchasing, risk management, and selling skills. Students will integrate skills from academic subjects, information technology, interpersonal communication, and management training to make responsible decisions. The practicum course is a paid or unpaid experience for students participating in a coherent sequence of career and technical courses in marketing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows the nature of business and shows its contribution to society. The student is expected to:(A) distinguish ways that businesses contribute to society;(B) explain the importance of social responsibility;(C) describe types of business activities;(D) explain the organizational design of businesses;(E) discuss the global environment in which businesses operate; and(F) depict factors that affect the business environment and how businesses can respond.(2) The student demonstrates the importance of marketing and the functions of marketing. The student is expected to:(A) explain the marketing concept; and(B) describe each marketing function and how it relates to the marketing concept.(3) The student analyzes the marketing mix, which involves a combination of the decisions about product, price, place, promotion, and people. The student is expected to:(A) explain how each component of the marketing mix contributes to successful marketing; and(B) illustrate the importance of marketing strategies in the marketing mix.(4) The student knows the concepts and strategies used to determine target markets and market identification. The student is expected to:(A) explain the importance of target markets;(B) compare and contrast advantages and disadvantages of market segmentation and mass marketing;(C) distinguish among geographic, demographic, psychographic, and behavioral segmentation; and(D) explain the nature of marketing planning.(5) The student applies mathematical concepts in marketing. The student is expected to:(A) execute calculations involving money, time, space, materials, and data;(B) interpret charts and graphs to make informed marketing decisions;(C) use formulas and equations to determine price, profit, costs, and break-even point;(D) perform mathematical operations;(E) predict reasonable estimations;(F) create mathematical models from real-life situations; and(G) determine rate of change mathematically.(6) The student knows how to use self-development techniques and interpersonal skills to accomplish marketing objectives. The student is expected to:(A) identify and practice effective interpersonal and team-building skills involving situations with coworkers, managers, and customers;(B) develop short- and long-term personal goals;(C) identify and use time-management principles; and(D) participate in leadership and career development activities.(7) The student applies information technology as an effective marketing tool. The student is expected to:(A) identify social media trends in marketing;(B) identify ways that technology impacts business;(C) apply web-search skills;(D) demonstrate word-processing skills;(E) use database applications; and(F) execute spreadsheet applications.(8) The student recognizes that careers are ever changing and require continual self-assessment, research, and preparation to develop and implement responsible decisions. The student is expected to:(A) develop a working portfolio containing components such as resume, cover letter, thank you letter, references, letter of recommendation, and work samples;(B) analyze personal social media accounts for potential employability; and(C) demonstrate interview skills.(9) The student knows the importance of emerging trends and technologies in marketing. The student is expected to:(A) discuss trends affecting marketing; and(B) research emerging technologies in marketing.(10) The student knows the impact and value of diversity. The student is expected to:(A) explain how diversity affects marketing; and(B) probe the impact of multiculturalism and multigenerationalism on marketing activities.(11) The student knows that marketing begins with a working knowledge of economic concepts. The student is expected to:(A) discuss characteristics of economic goods and services; (B) identify economic needs and wants;(C) explain the concept of utility and cite examples of types of utility;(D) describe the function of prices in markets; and(E) clarify how the interaction of supply and demand affects price.(12) The student knows that a nation's economic system is determined by what is produced, how it is produced, and how it is distributed. The student is expected to:(A) compare and contrast how economies answer basic economic questions;(B) explain why most economies are mixed; and(C) determine the relationship between government and business.(13) The student knows that private enterprise is based on independent decisions by businesses and limited government involvement. The student is expected to:(A) determine characteristics of a private enterprise system;(B) explain the advantages and disadvantages of private enterprise; and(C) identify examples of competitive business situations such as price or nonprice competition.(14) The student knows that economic factors such as gross domestic product, standard of living, consumer price index, and unemployment figures help influence a company's marketing strategies. The student is expected to:(A) identify economic measurements used to analyze an economy;(B) research how economic measures are used in a market economy;(C) describe the concept of price stability as an economic measure;(D) interpret the measure of consumer spending as an economic indicator;(E) examine the impact of a nation's unemployment rates; and(F) describe the economic impact of inflation on business. (15) The student knows that changes in the economy include prosperity, recession, depression, and recovery and are collectively referred to as the business cycle. The student is expected to:(A) explain the concept of business cycles; and(B) describe the impact that phases of a business cycle have on the economy.(16) The student knows that distribution systems facilitate the movement of products. The student is expected to:(A) understand channels of distribution;(B) identify physical distribution activities; and(C) examine costs associated with distribution.(17) The student knows that marketers use investment and financial services to achieve goals and objectives. The student is expected to:(A) illustrate types of financial services; and(B) explain the purpose of a credit contract.(18) The student knows the concept of pricing and strategies used in determining and adjusting price. The student is expected to:(A) state goals of pricing;(B) identify factors affecting pricing;(C) explain how pricing affects product, place, and promotion decisions;(D) compare and contrast pricing policies;(E) calculate a product's price;(F) describe the role of business ethics in pricing; and(G) analyze legal considerations for pricing.(19) The student understands the promotional concepts and strategies needed to communicate information about products, services, images, and ideas to achieve a desired outcome. The student is expected to:(A) explain the communication processes as used in promotional activities;(B) evaluate types of promotion;(C) understand the concept of promotional mix;(D) define the role of promotion as a marketing function;(E) describe the use of business ethics in promotion;(F) explore the regulation of promotion;(G) explain the nature of direct marketing channels;(H) model communication channels used in sales promotion; and(I) describe communication channels used in public relations activities.(20) The student knows that advertising is the paid form of nonpersonal communication about an identified sponsor's products. The student is expected to:(A) illustrate types of advertising media;(B) differentiate between product and institutional advertising; and(C) identify and evaluate elements of an advertisement.(21) The student knows that business risk is the possibility of loss or failure. The student is expected to:(A) categorize business risks; and(B) interpret how various types of risks impact business activities.(22) The student knows that marketers responsible for risk management follow a process to decide the best strategy to deal with each risk. The student is expected to:(A) evaluate security precautions; and(B) demonstrate knowledge of safety precautions in the workplace.(23) The student knows what influences customers before they make a purchase. The student is expected to:(A) differentiate among a feature and a benefit;(B) compare and contrast between consumer and organizational buying behavior;(C) determine customer needs and wants;(D) classify buying motives; and(E) analyze how customers and organizations apply the decision-making process.(24) The student knows how marketers use the selling process. The student is expected to:(A) locate product information; and(B) illustrate the sale process.(25) The student understands the techniques and strategies used to foster positive, ongoing relationships with customers to enhance company image. The student is expected to:(A) explain the nature of positive customer relations;(B) describe a customer service mindset;(C) explain the management role in customer relations;(D) identify a company brand promise;(E) explore ways of reinforcing company image through employee performance; and(F) describe the use of technology in customer relationship management.(26) The student understands a business's responsibility to know and abide by workplace laws, trade regulations, and ethical behavior that affect business operations. The student is expected to:(A) apply ethics to demonstrate trustworthiness;(B) explain the nature of business ethics;(C) describe legal issues affecting businesses;(D) defend the nature of human resources regulations;(E) explain the nature of workplace regulations such as Occupational Safety and Health Administration and statutes such as the Americans with Disabilities Act;(F) discuss employment relationships;(G) illustrate the nature of trade regulations; and(H) describe the impact of antitrust legislation.(27) The student applies ethical reasoning to a variety of workplace situations in order to make ethical decisions. The student is expected to:(A) evaluate alternative responses to workplace situations based on personal or professional ethical responsibilities;(B) identify personal and long-term workplace consequences of unethical or illegal behaviors;(C) investigate the most appropriate response to workplace situations based on legal and ethical considerations; and(D) demonstrate responsible behavior, honesty, integrity, and ethical work habits.(28) The student completes required training, education, and certification to prepare for employment in a particular career field. The student is expected to:(A) identify training, education, and certification requirements for occupational choice; and(B) participate in career-related training or degree programs.(29) The student knows the elements and processes of product planning. The student is expected to:(A) explain the nature and scope of product planning;(B) relate product-mix strategies to meet customer expectations; and(C) define the product life cycle.</content><note type="source"><p>Source Note: The provisions of this §127.297 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.298"><num value="127.298">§127.298</num><heading>Extended Practicum in Marketing (One Credit), Adopted 2015</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course and is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Business, Marketing, and Finance Career Cluster. Recommended prerequisite: Principles of Business, Marketing, and Finance. Corequisite: Practicum in Marketing. This course must be taken concurrently with Practicum in Marketing and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Business, Marketing, and Finance Career Cluster focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing. (3) Extended Practicum in Marketing is a series of dynamic activities that focus on the customer to generate a profitable exchange. Students will gain knowledge and skills that help them to be proficient in one or more of the marketing functional areas associated with distribution, financing, marketing information management, pricing, product planning, promotion, purchasing, risk management, and selling skills. Students will integrate skills from academic subjects, information technology, interpersonal communication, and management training to make responsible decisions.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to: (A) demonstrate proper use of written, verbal, and visual communication techniques with increased proficiency;(B) apply active listening skills to obtain and clarify information; (C) create and deliver formal and informal presentations effectively; (D) analyze, interpret, and effectively communicate information; and(E) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) conduct technical research to gather information necessary for decision making; and(C) analyze elements of a problem to develop creative and innovative solutions.(3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; and(B) adhere to technology safety and security policies such as acceptable use policy and webpage policies.(4) The student understands the professional, ethical, and legal responsibilities in marketing. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply alternative responses to workplace situations based on personal or professional ethical responsibilities; (C) show integrity by choosing the ethical course of action when making decisions; and(D) comply with all applicable rules, laws, and regulations such as Occupational Safety and Health Administration and statutes such as the Americans with Disabilities Act in a consistent manner.(5) The student participates in a marketing experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised marketing experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate use of information technology tools to manage and perform work responsibilities;(D) apply concepts and strategies needed to communicate information about products, services, images, and ideas to achieve a desired outcome;(E) model communication channels used in sales promotion;(F) apply different components of the marketing mix to contribute to successful marketing;(G) apply the elements and processes of product planning, including related product-mix strategies to meet customer expectations;(H) identify and evaluate elements of an advertisement with increased fluency;(I) demonstrate growth of technical skill competencies;(J) evaluate strengths and weaknesses in technical skill proficiency; and(K) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.298 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.299"><num value="127.299">§127.299</num><heading>Practicum in Entrepreneurship (Two Credits), Adopted 2023</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisites: Entrepreneurship I and Entrepreneurship II or successful completion of at least two courses in a career and technical education (CTE) program of study. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) This course can serve in multiple CTE programs of study, as it focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing related to the student's industry focus.(3) Practicum in Entrepreneurship provides students the opportunity to apply classroom learning and experiences to real-world business problems and opportunities in a free enterprise system while expanding their skill sets and professional relationships as a real or simulated business owner versus the experience one would have as an employee. Students will prepare for an entrepreneurial career in their area of interest in their career cluster and build on and apply the knowledge and skills gained from courses taken in an array of career areas. Practicum experiences occur in a paid or an unpaid arrangement and a variety of locations appropriate to the nature and level of the student's need for work-based learning experience. Students implement personal and interpersonal skills to strengthen individual performance in the workplace and in society and to make a successful transition to the workforce or postsecondary education. It is recommended that students are paired with local business owners or employers in their specific industry program of study.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations, local chamber of commerce meetings, and meetings with entrepreneurs, mentors, or industry experts.(5) Students are encouraged to transition from the idea phase to action and implementation of a business, including validation through sales in a real or simulated scenario.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes major problem areas and potential problem areas for entrepreneurs while demonstrating an understanding of leverage points and constraints. The student is expected to:(A) assess businesses that have failed, determine factors associated with business closure, and prepare and present analysis to peers;(B) research and analyze risks faced by entrepreneurs;(C) evaluate entrepreneurial risk versus opportunity for a given business example;(D) describe how entrepreneurship differs from working for an employer;(E) analyze personal aptitude for entrepreneurship;(F) describe how entrepreneurs must manage organizational finances;(G) research and apply the entrepreneur's approach to risk-taking as it applies to business decision-making;(H) explore and explain a company's competitive advantage in its field of interest;(I) analyze the risks and rewards of business ownership by interviewing an entrepreneur in a chosen field of interest; and(J) analyze how psychology and sociology explain factors that drive customer behavior and impact business success.(2) The student identifies the appropriate legal structure, benefits, and drawbacks for different business types. The student is expected to:(A) describe the different basic types of business formation, including sole proprietorship, partnership, corporation, and limited liability company;(B) compare the benefits and drawbacks for each type of business structure such as personal liability and taxes; and(C) research an existing business and simulate liability issues associated with its type of business structure through role-play.(3) The student determines how to obtain funding and all associated costs needed to start a particular business. The student is expected to:(A) describe all materials, facilities, technology, inventory, and personnel that will be needed to start and sustain the business;(B) devise a timeline of tasks that must be completed, including the associated costs;(C) list and describe all supplies, personnel wages and salaries, inventories, insurance, utilities, repair and maintenance, and other operating costs associated with funding the business once it is operating;(D) document and analyze the costs associated with operating the business, using cash flow and return on investment as a means of evaluation;(E) estimate how much money will be needed on-hand to operate the business until the break-even point;(F) seek the advice of mentors from industry to analyze and discuss actual business situations and funding options to assist the student with a business idea;(G) create and analyze financial statements to identify ways to improve business performance in a business model of choice; and(H) define cash burn in relationship to a business's viability.(4) The student examines the responsibilities businesses have to employees and the community. The student is expected to:(A) explain the benefits of a business that contributes to the economic well-being of its employees and community;(B) research and describe the methods in which a business can ensure economic growth and provide jobs;(C) explore and analyze the health and safety responsibilities a business has to the community and its employees; and(D) research and identify how businesses are making investments in community infrastructure.(5) The student analyzes for-profit and non-profit business growth and exit strategies. The student is expected to:(A) compare business growth strategies and identify and defend the most favorable for a potential business;(B) describe methods that a business owner can use to obtain financial support to expand a business;(C) identify and explain various methods an entrepreneur can use to determine how much a business is worth;(D) analyze various paths to exit a business and the impact from startup decisions; and(E) explain the factors an entrepreneur should consider when preparing to exit a business.(6) The student collaborates in small groups to complete a project-based research activity to develop critical thinking and creative problem solving. The student is expected to:(A) analyze a real-world work site and research an existing issue or problem the business is experiencing;(B) research and report how to resolve the business problem;(C) develop a proposal for future business opportunities; and(D) determine how to create business relationships or alliances that would be beneficial to the business.</content><note type="source"><p>Source Note: The provisions of this §127.299 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scF/s127.300"><num value="127.300">§127.300</num><heading>Extended Practicum in Entrepreneurship (One Credit), Adopted 2023</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or an unpaid capstone experience for students participating in a coherent sequence of career and technical education (CTE) courses in the Business, Marketing, and Finance Career Cluster. Recommended prerequisites: Entrepreneurship I and Entrepreneurship II or successful completion of at least two courses in a CTE program of study. Corequisite: Practicum in Entrepreneurship. This course must be taken concurrently with Practicum in Entrepreneurship and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) This course can serve in multiple CTE programs of study, as it focuses on planning, managing, organizing, directing, and evaluating business functions essential to efficient and productive business management, finance, operations, and marketing related to the student's industry focus.(3) Extended Practicum in Entrepreneurship provides students the opportunity to apply classroom learning and experiences to real-world business problems and opportunities in a free enterprise system while expanding their skill sets and professional relationships as a real or simulated business owner versus the experience one would have as an employee. Students will prepare for an entrepreneurial career in their area of interest in their career cluster and build on and apply the knowledge and skills gained from courses taken in an array of career areas. Practicum experiences occur in a paid or an unpaid arrangement and a variety of locations appropriate to the nature and level of the student's need for work-based learning experience. Students implement personal and interpersonal skills to strengthen individual performance in the workplace and in society and to make a successful transition to the workforce or postsecondary education. It is recommended that students are paired with local business owners or employers in their specific industry program of study.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations, local chamber of commerce meetings, and meetings with entrepreneurs, mentors, or industry experts.(5) Students are encouraged to transition from the idea phase to action and implementation of a business, including validation through sales in a real or simulated scenario.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to:(A) demonstrate proper use of written, verbal, and visual communication techniques with increased proficiency;(B) apply active listening skills to obtain and clarify information;(C) create and deliver formal and informal presentations effectively;(D) analyze, interpret, and effectively communicate information; and(E) exhibit positive customer/client communication skills to maintain effective internal and external business relationships. (2) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) conduct technical research to gather information necessary for decision making; and(C) analyze elements of a problem to develop creative and innovative solutions.(3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to:(A) demonstrate understanding of and consistently follow workplace safety rules and regulations; and(B) adhere to technology safety and cybersecurity policies such as acceptable use policy and webpage policies.(4) The student understands the ethical and legal responsibilities in entrepreneurship. The student is expected to:(A) apply appropriate responses to workplace situations based on personal or professional ethical responsibilities;(B) demonstrate integrity by choosing the ethical course of action when making decisions; and(C) comply with all applicable rules, laws, and regulations for the selected industry.(5) The student participates in an entrepreneurial experience. The student is expected to:(A) conduct, document, and evaluate learning activities in a supervised experience;(B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate use of information technology tools to manage and perform work responsibilities;(D) create customary styles of documents such as memoranda, letters, emails, and reports, as appropriate, to an industry of choice;(E) apply the elements and processes of entrepreneurship to grow a business idea and meet customer expectations;(F) demonstrate growth of technical skill competencies;(G) evaluate strengths and weaknesses in technical skill proficiency; and(H) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.300 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scG"><num value="G">SUBCHAPTER G</num><heading>EDUCATION AND TRAINING</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.309"><num value="127.309">§127.309</num><heading>Principles of Education and Training (One Credit), Adopted 2021</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Principles of Education and Training is designed to introduce learners to the various careers within the Education and Training Career Cluster. Students use self-knowledge as well as educational and career information to analyze various careers within the Education and Training Career Cluster. Students are introduced to societal influences of education and various school models. Additionally, students learn the role and responsibilities of a classroom educator. Students will develop a graduation plan that leads to a specific career choice in the student's interest area.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies strategies that promote health and wellness to address the unique challenges of educators in balancing work and personal responsibilities. The student is expected to:(A) explain common signs of stress and anxiety;(B) describe appropriate boundaries for a healthy work-life balance;(C) discuss the impacts of an education career on personal lifestyle such as impacts on time, earning potential, community presence and involvement, health and wellness, and family;(D) describe appropriate boundaries for a healthy work-life balance; and(E) discuss strategies to manage health and wellness.(2) The student recognizes the impact of social media and web-based applications on the education process. The student is expected to:(A) demonstrate appropriate use of social media for educational purposes; and(B) identify web-based resources that can be used in the education process.(3) The student investigates the range of employment opportunities in the education and training field. The student is expected to:(A) identify and investigate career opportunities in education and training;(B) investigate additional occupations in education and training such as professional support services, administration, county extension agent, and corporate trainer;(C) compare transferable skills among a variety of careers in education and; and(D) analyze results from personal assessments such as how results from career interest and ability inventories relate to skills necessary for success in education and training occupations.(4) The student explains societal impacts on the education and training field. The student is expected to:(A) investigate trends or issues that have influenced the development of education across the United States such as historical, societal, cultural, and political trends and issues;(B) explain pedagogy and andragogy theory;(C) predict the education and training job market using information from sources such as labor market information, technology, and societal or economic trends; and(D) summarize the role of family/caregiver in education.(5) The student describes the characteristics of different educational and training environments. The student is expected to:(A) summarize the various roles and responsibilities of professionals in teaching and training and early learning, including demonstrating ethical behavior in educational settings;(B) describe different types of schools in urban and rural areas and public and private schools such as academies, Montessori, charter, and magnet schools;(C) compare teacher salary schedules among different school models such as public, private, and charter schools within rural and urban areas of the state;(D) discuss factors, including stipends, state and school district initiatives, and level of education, that can impact earning potential; and(E) identify various sources for information related to education careers such as requirements to become a teacher, curriculum standards, and the structures and roles of state and federal governing bodies in education.(6) The student experiences authentic education and training opportunities. The student is expected to:(A) observe educator duties and responsibilities through activities such as assisting, shadowing, or observing;(B) develop and evaluate instructional materials such as visuals, teacher aids, manipulatives, lessons, and lesson plans;(C) define lesson plan components, including objectives, direct instruction, guided practice, independent practice, and formative and summative assessments;(D) identify and discuss methods to adapt lessons to meet student needs; and(E) identify a personal set of beliefs related to education in preparation for developing a philosophy of education.(7) The student identifies elements of an effective classroom environment. The student is expected to:(A) use available classroom equipment and technology for effective instruction;(B) analyze effective tools used in classroom management such as classroom expectations, seating charts, classroom set-up, procedures and routines, and teacher organization and preparation;(C) explain characteristics of an effective learning environment, including universally accessible classroom design;(D) analyze positive behavior intervention techniques, including restorative practices; and(E) develop a differentiated lesson plan that includes scaffolding for all levels of learners.(8) The student analyzes the education and training requirements for a career in an area of interest. The student is expected to:(A) investigate degree plans or training alternatives for various occupations within teaching and training and early learning;(B) develop a graduation plan that leads to a specific career choice in the area of interest;(C) investigate and identify high school and dual enrollment opportunities related to education and training careers;(D) investigate and identify scholarships, grants, and financial incentives related to interest areas in education and training;(E) identify and compare technical and community college programs that align with interest areas in education and training; and(F) identify and compare university programs and institutions that align with interest areas in education and training.(9) The student documents technical knowledge and skills related to education and training. The student is expected to:(A) assemble basic professional portfolio components such as basic resume, samples of work, service-learning logs, assessment results, and mock scholarship applications; and(B) present a portfolio to interested stakeholders such as teachers, school administrators, career and technical education administrators, curriculum specialists, or human resources personnel.(10) The student understands how classroom observations (video or in person) inform and improve instruction. The student is expected to:(A) apply knowledge gained in the course to conduct targeted observations;(B) record objective observations of student behavior and teacher interactions;(C) explain how observations can influence philosophy of education and delivery of instruction; and(D) identify qualities of an effective classroom through classroom observation.</content><note type="source"><p>Source Note: The provisions of this §127.309 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.310"><num value="127.310">§127.310</num><heading>Human Growth and Development (One Credit), Adopted 2021</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year. (2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Education and Training or Principles of Human Services. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Human Growth and Development is an examination of human development across the lifespan with emphasis on research, theoretical perspectives, and common physical, cognitive, emotional, and social developmental milestones. Students use the knowledge and skills gained in this course to prepare for a career path working with children in an educational or service learning setting. The course covers material that is generally taught in a postsecondary, one-semester introductory course in developmental psychology or human development.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands historical, theoretical, and research perspectives of human growth and development throughout the lifespan. The student is expected to:(A) explain the role of theories in understanding human development;(B) describe theoretical perspectives regarding influences on human development throughout the lifespan;(C) summarize how historical theories influence modern theories of human development;(D) compare research methods commonly used to study human development; and(E) compare pedagogy and andragogy.(2) The student understands the importance of prenatal care in the development of a child. The student is expected to:(A) describe nutritional needs prior to and during pregnancy;(B) explain reasons for medical care and good health practices prior to and during pregnancy;(C) outline stages of prenatal development;(D) discuss the role of genetics in prenatal development; and(E) identify environmental factors affecting development of the fetus.(3) The student understands the development of children ages newborn through two years. The student is expected to:(A) analyze the physical, emotional, social, and cognitive development of infants and toddlers;(B) analyze various developmental theories relating to infants and toddlers;(C) investigate the influences of the family and society on the infant and toddler;(D) summarize strategies for optimizing the development of infants and toddlers, including those with special needs;(E) determine techniques that promote the health and safety of infants and toddlers; and(F) determine developmentally appropriate guidance techniques for children in the first two years of life.(4) The student understands the development of children ages 3 through 5 years. The student is expected to:(A) analyze the physical, emotional, social, and cognitive development of preschoolers;(B) analyze various developmental theories relating to preschoolers;(C) investigate the influences of the family and society on preschoolers;(D) summarize strategies for optimizing the development of preschoolers, including those with special needs;(E) determine techniques that promote the health and safety of preschoolers; and(F) compare and suggest developmentally appropriate guidance techniques for preschoolers.(5) The student understands the development of children ages 6 through 11 years. The student is expected to:(A) analyze the physical, emotional, social, and cognitive development of children in the early to middle childhood stage of development;(B) analyze various developmental theories relating to children in the early to middle childhood stage of development;(C) investigate the influences of the family and society on children in the early to middle childhood stage of development;(D) summarize strategies for optimizing the development of children in the early to middle childhood stage of development, including those with special needs;(E) determine techniques that promote the health and safety of children in the early to middle childhood stage of development; and(F) compare and suggest developmentally appropriate guidance techniques for children in the early to middle childhood stage of development.(6) The student understands the development of adolescents ages 12 through 19 years. The student is expected to:(A) analyze the biological and cognitive development of adolescents;(B) analyze the emotional and social development of adolescents;(C) discuss various theoretical perspectives relevant to adolescent growth and development;(D) investigate the influences of the family and society on adolescents;(E) summarize strategies for optimizing the development of adolescents, including those with special needs;(F) determine techniques that promote the health and safety of adolescents; and(G) compare and suggest developmentally appropriate guidance techniques for adolescents.(7) The student understands the importance of care and protection of children and adolescents. The student is expected to:(A) determine services provided by agencies that protect the rights of children and adolescents;(B) summarize various resources focusing on the care and protection of children and adolescents;(C) discuss the impact of changing demographics and cultural diversity on the health and welfare of children and adolescents; (D) analyze forms, causes, effects, prevention, and treatment of child abuse;(E) explain the impact of appropriate health care and importance of safety for children and adolescents; and(F) discuss responsibilities of community members, legislation, and public policies related to care and protection of children and adolescents.(8) The student understands the development of adults ages 20 through 39 years. The student is expected to:(A) analyze various development theories relating to early adults, including biological and cognitive development;(B) analyze various development theories relating to early adults, including emotional, moral, and psychosocial development;(C) investigate the influences of society and culture on early adults; and(D) discuss the importance of family, human relationships, and social interaction for early adults.(9) The student understands the development of adults ages 40 through 65 years. The student is expected to:(A) analyze various development theories relating to middle adults, including biological and cognitive development;(B) analyze various development theories relating to middle adults, including emotional, moral, and psychosocial development;(C) investigate the influences of society and culture on middle adults; and(D) discuss the importance of family, human relationships, and social interaction for middle adults.(10) The student understands the development of adults ages 66 years and older. The student is expected to:(A) analyze various development theories relating to those within the stage of late adulthood, including biological and cognitive development;(B) analyze various development theories relating to those within the stage of late adulthood, including emotional, moral, and psychosocial development;(C) investigate the influences of society and culture on those within the stage of late adulthood; and(D) discuss the importance of family, human relationships, and social interaction for those within the stage of late adulthood.(11) The student explores career opportunities available in education and training and human services. The student is expected to:(A) assess personal interests, aptitudes, and abilities as related to the various occupations within education and training and human services;(B) evaluate employment and entrepreneurial opportunities, including education requirements in a field of interest; and(C) identify effective methods for securing part-time or entry-level employment in positions that prepare students for careers in education and training or human services.</content><note type="source"><p>Source Note: The provisions of this §127.310 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.311"><num value="127.311">§127.311</num><heading>Child Development (One Credit), Adopted 2021</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year. (2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Human Services or Principles of Education and Training. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Child Development is a course that addresses knowledge and skills related to child growth and development from prenatal through school-age children. Students use these skills to promote the well-being and healthy development of children and investigate careers related to the care and education of children.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes roles and responsibilities of caregivers or guardians. The student is expected to:(A) compare parenting styles and the potential influence of each style on a child's development;(B) investigate the legal rights and responsibilities of parents;(C) analyze positive relationship characteristics and developmentally appropriate communication skills needed for parenting; and(D) analyze the parental responsibilities of educating children through the continuum of developmental stages.(2) The student examines the care, protection, and safety of children. The student is expected to:(A) analyze the effects of childhood trauma at each developmental stage; (B) describe the counseling and therapeutic services available to children such as pharmacotherapy and cognitive-behavioral, family, trauma-focused, and play therapy;(C) demonstrate first aid and cardiopulmonary resuscitation skills;(D) analyze community resources relevant to the care and protection of children, including childcare services, health care services, and auxiliary service organizations;(E) examine suggested preventative health care recommendations for children such as American Academy of Pediatrics (AAP) and Centers for Disease Control and Prevention (CDC) guidelines and recommendations for immunizations, physical exams, and oral hygiene;(F) assess the safety of children's cribs, toys, clothing, food, and travel safety equipment; and(G) identify current legislation and public policies affecting the care, protection, and safety of children.(3) The student investigates components of optimal prenatal care and development. The student is expected to:(A) identify signs and stages of pregnancy;(B) analyze the effect of environmental and hereditary factors on conception and fetal development, including prenatal brain development; (C) identify characteristics of, contributing factors to, and treatment of various fetal birth defects, including defects of unknown ideology; (D) analyze nutritional needs prior to and during pregnancy; (E) analyze appropriate medical care and good health practices prior to and during pregnancy;(F) explain how technological advances in prenatal care can impact child development; (G) explore careers that provide service to those receiving prenatal care; and(H) analyze the process of labor and delivery methods.(4) The student investigates strategies for optimizing the development of children ages birth through 12 months, including those with special needs. The student is expected to:(A) analyze the physical, emotional, social, intellectual, and moral developmental needs of children ages birth through twelve months;(B) investigate the impact of children ages birth through twelve months on the family such as the impact on roles, finances, responsibilities, and relationships in the family; (C) analyze the impact of technology such as personal usage or exposure and assistive technologies on the growth and development of children ages birth through 12 months;(D) explore careers that provide service to children ages birth through twelve months; and(E) identify appropriate nutrition and ways to meet nutritional needs, including breast feeding and formula feeding, and considerations related to food allergies for children ages birth through twelve months. (5) The student investigates strategies for optimizing the development of children ages 13 months through 35 months, including those with special needs. The student is expected to:(A) analyze the physical, emotional, social, intellectual, and moral developmental needs of children ages 13 months through 35 months;(B) create play activities such as pre-literacy, social emotional learning, mathematics, science, physical movement, outdoor play, art, and music activities that enhance the growth and development of children ages 13 months through 35 months;(C) analyze the impact of technology such as personal usage and assistive technologies on the growth and development of children ages 13 months through 35 months;(D) analyze appropriate nutritional guidelines that promote wellness in children ages 13 months through 35 months; (E) explore careers that provide service to children ages 13 months through 35 months; and (F) prepare or plan developmentally appropriate snacks or meals that meet appropriate nutritional guidelines for children ages 13 months through 35 months.(6) The student analyzes the growth and development of children ages 3 through 5 years, including those with special needs. The student is expected to:(A) analyze the physical, emotional, social, intellectual, and moral development needs of the children ages 3 through 5 years;(B) describe the role of play in the development of children ages 3 through 5 years;(C) develop activities such as physical exercise or group play activities that meet developmental needs of children ages 3 through 5 years;(D) prepare or plan developmentally appropriate snacks or meals that meet appropriate nutritional guidelines for children ages 3 through 5 years; (E) identify minimum standards for licensing regulations of various preschools and childcare settings such as in-home, private, public, and religious organizations; (F) explore careers that provide service to children ages 3 through 5 years; and(G) analyze the impact of technology on the growth and development of children ages 3 through 5 years such as personal usage, assistive technologies, and digital citizenship. (7) The student analyzes the growth and development of children ages 6 through 11 years, including those with special needs. The student is expected to:(A) analyze the physical, emotional, social, intellectual, and moral development needs of children ages 6 through 11 years;(B) compare the roles of various school environments such as public, private, and home settings in the growth and development of children ages 6 through 11 years; (C) evaluate the importance of and influences on individual and group identity such as self-concept theories, learning styles, group dynamics, cultural influences, and societal norms in relation to the growth and development of children ages 6 through 11 years;(D) develop appropriate activities for meeting developmental needs of children ages 6 through 11 years such as physical exercise, language development, communication, listening skills, independence, conflict resolution, and self-discipline;(E) create balanced meal plans that are developmentally appropriate for children ages 6 through 11 years, including children with special dietary needs such as food allergies and type I diabetes;(F) explore careers that provide service to children ages 6 through 11 years;(G) discuss legislation and public policies affecting children ages 6 through 11 years; and(H) analyze the impact of technology on the growth and development of children ages 6 through 11 years such as personal usage, assistive technologies, and digital citizenship.(8) The student analyzes the growth and development of children ages 12 through 19 years, including those with special needs. The student is expected to:(A) summarize the physical, emotional, social, intellectual, and moral needs of children ages 12 through 19 years;(B) assess the role of the various school environments such as public, private, and home environments on the growth and development of children ages 12 through 19 years;(C) evaluate the importance of and influences on individual and group identity such as self-concept theories, group dynamics, cultural influences, and societal norms in relation to the growth and development of children ages 12 through 19 years;(D) develop appropriate activities for meeting developmental needs of children ages 12 through 19 years such as physical, academic, professional, and social skills;(E) create recipes for nutritious snacks or meals appropriate for preparation by children ages 12 through 19 years, including snacks or meals for individuals with special dietary needs such as food allergies or type I diabetes;(F) explore careers that provide service to children ages 12 through 19 years;(G) discuss legislation, child labor laws, and public policies affecting children ages 12 through 19 years; (H) analyze the impact of technology such as personal usage, assistive technologies, digital citizenship, digital footprints, and social media on the growth and development of children ages 12 through 19 years; and(I) propose short- and long-term career goals in child development.</content><note type="source"><p>Source Note: The provisions of this §127.311 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.312"><num value="127.312">§127.312</num><heading>Child Guidance (Two Credits), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year. (2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Child Development or Child Development Associate Foundations. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Child Guidance is a course that addresses the knowledge and skills related to child growth and guidance, equipping students to develop positive relationships with children and effective caregiver skills. Students use these skills to promote the well-being and healthy development of children, strengthen a culturally diverse society, and pursue careers related to the care, guidance, and education of children, including those with special needs. Instruction may be delivered through school-based laboratory training or through work-based delivery arrangements such as cooperative education, mentoring, and job shadowing. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student practices ethical and legal responsibilities associated with providing childcare services. The student is expected to:(A) apply ethical codes of conduct in a childcare setting; (B) create coherent written communication between parents and childcare staff;(C) identify regulatory and compliance guidelines for maintaining documentation in childcare settings, including educational, personnel, and public records;(D) advocate through appropriate means for children when necessary;(E) comply with laws and regulations related to childcare services;(F) determine potential uses and management of technology, media, and resources to foster healthy child development; and(G) employ safeguards to prevent misuse and abuse of technology and media with children.(2) The student analyzes childcare options for children of various ages. The student is expected to:(A) compare the financial considerations of childcare options;(B) examine criteria for selecting quality childcare; and(C) review minimum standards for licensing and regulations for center-based and home-based programs.(3) The student analyzes responsibilities that promote health and wellness of children. The student is expected to:(A) monitor student behavior for signs of physical illness and emotional disturbances in children;(B) practice child guidance techniques that contribute to the health and wellness of children such as adequate rest, exercise, safety, and sanitation;(C) apply procedures for creating safe environments for children; and(D) create a meal plan for children, including nutritious snacks, following appropriate food guidelines.(4) The student analyzes the effect of play in the development of children. The student is expected to:(A) create examples of play that promote the physical, intellectual, emotional, and social development of children; and(B) implement strategies to encourage socially appropriate constructive and creative play, including indoor and outdoor activities.(5) The student applies appropriate guidance techniques for children of various ages and developmental levels, including those with special needs. The student is expected to:(A) discuss the various types of guidance and their effects on children;(B) determine and apply appropriate guidance techniques; and(C) distinguish between guidance techniques and behavior that could be considered inappropriate, harmful, or abusive.(6) The student will implement appropriate strategies and practices for optimizing the development of children ages birth through twelve months, including those with special needs. The student is expected to:(A) create and implement activities for the development of sensory skills;(B) create and implement activities for the development of language skills;(C) create and implement activities for the development of physical and motor skills; and(D) create and implement activities for the development of social skills.(7) The student will implement appropriate strategies and practices for optimizing the development of children ages 13 months through 35 months, including those with special needs. The student is expected to:(A) create and implement lesson plans for the development of physical skills;(B) create and implement lesson plans for the development of vocabulary and language skills;(C) create and implement lesson plans for the development of appropriate mathematics skills; (D) create and implement lesson plans for the development of appropriate science skills; and(E) create and implement lesson plans for the development of social and emotional skills.(8) The student will implement appropriate strategies and practices for optimizing the development of children ages 3 through 5 years, including those with special needs. The student is expected to:(A) create and implement lesson plans for the development of physical skills;(B) create and implement lesson plans for the development of appropriate reading and language skills;(C) create and implement lesson plans for the development of appropriate mathematics and problem-solving skills; (D) create and implement lesson plans for the development of appropriate science skills; and (E) create and implement lesson plans for the development of social and emotional skills.(9) The student makes informed career decisions that reflect personal, family, and career goals. The student is expected to:(A) analyze the impact of career decisions on personal and family goals;(B) assess personal interests, aptitudes, and abilities needed in the childcare profession; (C) develop short- and long-term career goals; (D) evaluate employment and entrepreneurial opportunities; and(E) evaluate educational requirements for early childhood development and services.</content><note type="source"><p>Source Note: The provisions of this §127.312 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.313"><num value="127.313">§127.313</num><heading>Child Development Associate Foundations (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Education and Training or Principles of Human Services. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) The Child Development Associate Foundations course is a laboratory course addressing the knowledge and skills related to applying Child Development Associate Competency Standards in early childhood environments and understanding how these competencies help young children move with success from one developmental stage to the next.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the need for establishing a safe, healthy learning environment for young children. The student is expected to:(A) describe a safe physical setting for an indoor classroom environment;(B) describe a safe physical setting for an outdoor play environment;(C) compare and contrast the learning environments for childcare settings such as preschool, infant-toddler, family childcare, and home visitor environments;(D) identify practices that promote health and prevent illness in an early childhood classroom; and(E) identify components of a learning environment that promotes engagement, play, exploration, and learning of all children, including children with special needs.(2) The student recognizes the importance of advancing each child's physical and intellectual competence in the early childhood classroom through a variety of developmentally appropriate equipment, learning experiences, and teaching strategies. The student is expected to:(A) analyze the methods for promoting physical development in young children;(B) investigate strategies for promoting cognitive development in young children;(C) investigate techniques for promoting language and early literacy in young children, including dual-language learners; and(D) investigate and explain reasons for promoting creative expression and creative abilities in young children.(3) The student analyzes social and emotional development in young children. The student is expected to:(A) summarize the value of developing a warm, positive, supportive, and responsive relationship with each child;(B) explain the value of helping each child learn about and take pride in the child's individual and cultural identity;(C) research and explain the significance of helping each child function effectively in a group setting, express feelings, and acquire social skills; and(D) identify and discuss adverse childhood experiences and their potential impact.(4) The student discusses the need for providing positive guidance in an early childhood classroom. The student is expected to:(A) summarize the importance of a classroom management plan;(B) explain the importance of positively addressing challenging behaviors; and(C) compare various positive guidance techniques.(5) The student describes the benefits of objective observations and assessments of young children in the early childhood classroom. The student is expected to:(A) investigate and compare various observation tools and strategies;(B) analyze how observations impact curriculum planning and individualized teaching; and(C) describe how objective observations are used to build productive relationships with families.(6) The student examines the importance of positive and productive relationships with families of young children. The student is expected to:(A) investigate and describe different family structures;(B) describe ways to establish partnerships with families; and(C) describe methods for effectively communicating with families.(7) The student analyzes the components of operating an effective, professional early childhood program. The student is expected to:(A) discuss the importance of establishing and maintaining professional relationships within an early childhood program;(B) research various techniques for navigating disagreements or conflicts between personnel of an early childhood program;(C) investigate the qualities of teaching with intentionality; and(D) explain the importance of advocating for early childhood education.(8) The student documents technical knowledge and skills. The student is expected to:(A) assemble professional portfolio components such as a resume, samples of learning experiences, service-learning log, and assessment results; and(B) present the portfolio to interested stakeholders such as industry professionals, parents, community members, campus teachers and administrators, and peers.</content><note type="source"><p>Source Note: The provisions of this §127.313 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.314"><num value="127.314">§127.314</num><heading>Communication and Technology in Education (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Education and Training. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Communication and Technology in Education is an extended course of study designed to provide students with the fundamentals of planning, managing, and training services needed to provide learning support services in Kindergarten-Grade 12 classrooms. Students will develop knowledge and skills regarding the professional, ethical, and legal responsibilities in teaching related to educational technology; students will also understand laws and pedagogical justifications regarding classroom technology use. Students will develop knowledge of developmentally appropriate practice for age level when technology is used by learners. This course provides an opportunity for students to participate in training related to standards set by the International Society for Technology in Education.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the professional, ethical, and legal responsibilities when communicating in the educational field. The student is expected to:(A) apply communication standards that promote professional, ethical, and legal conduct;(B) identify times when communication between school and parents/community is necessary;(C) distinguish between appropriate and inappropriate uses of social media and other communication platforms and methods; and(D) cite sanctions and consequences for educator misconduct such as those stemming from inappropriate relationships.(2) The student understands multiple forms of communication necessary for effective teaching. The student is expected to:(A) demonstrate effective verbal communication skills with various stakeholders such as students, educators, parents/guardians, community members, and other professionals;(B) demonstrate active listening skills to obtain and clarify information;(C) identify various forms of digital communication for educators such as email, blogs, wikis, podcasts, vlogs, digital streaming, infographics, digital portfolios, or social media;(D) construct effective and professional electronic communication with parents and stakeholders such as newsletters, emails, and websites;(E) demonstrate effective professional collaboration and communication such as participation in professional learning communities, peer-coaching, and mentoring;(F) demonstrate effective student-teacher communication such as assignment feedback and one-on-one interaction;(G) facilitate effective student group work and multiple strategies for student engagement; and(H) differentiate between approaches to communication based on student needs, including considerations for special populations and nonverbal communication.(3) The student applies digital literacy concepts to communication with students and stakeholders. The student is expected to:(A) apply digital literacy practices in communications to students and stakeholders such as desktop publishing, elements of art and design, and design thinking;(B) demonstrate appropriate search strategies for finding resources on the internet such as Boolean searches;(C) compare various digital media technologies such as digital books, databases, websites, interactive games, and digital videos; and(D) evaluate and select appropriate software for specific purposes such as communication and research.(4) The student evaluates technology and applications for classroom use. The student is expected to:(A) demonstrate understanding of laws regarding classroom technology use such as Family Educational Rights and Privacy Act (FERPA), Children's Online Privacy Protection Act (COPPA), end-user license agreements (EULAs), and age restrictions;(B) apply laws related to the legal use of electronic materials such as copyright, fair use, public domain, and open source;(C) evaluate usage of classroom technology using a model such as substitution augmentation modification redefinition (SAMR) and technological pedagogical content knowledge (TPaCK);(D) describe methods for approval of technology use in the district such as inventorying, licensing, and budgeting; and(E) identify classroom management strategies appropriate for technology use in the classroom.(5) The student creates engaging lessons and lesson plans incorporating technology. The student is expected to:(A) analyze the relationship between technology and student engagement in the classroom;(B) design learning experiences that incorporate 21st century learning skills such as creativity, collaboration, critical thinking, communication, and resiliency;(C) create lessons using different types of technology such as presentation software, spreadsheet software, image editing software, video creation software, polling software, and word processing software;(D) apply technology to assess student learning at the beginning of, during, and at the end of a lesson;(E) design authentic learning experiences that align with content-area Texas Essential Knowledge and Skills and use technology to maximize active, deep learning across grade levels to show appropriate use based on age;(F) create an interactive lesson that utilizes appropriate technology; and(G) create a differentiated lesson that incorporates the appropriate use of technology.</content><note type="source"><p>Source Note: The provisions of this §127.314 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.315"><num value="127.315">§127.315</num><heading>Instructional Practices (Two Credits), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: At least one credit in a course from the education and training career cluster. Recommended prerequisites: Principles of Education and Training, Human Growth and Development, or Child Development. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Instructional Practices is a field-based (practicum) course that provides students with background knowledge of child and adolescent development as well as principles of effective teaching and training practices. Students work under the joint direction and supervision of both a teacher with knowledge of early childhood, middle childhood, and adolescence education and exemplary educators or trainers in direct instructional roles with elementary-, middle school-, and high school-aged students. Students learn to plan and direct individualized instruction and group activities, prepare instructional materials, develop materials for educational environments, assist with record keeping, and perform other duties of teachers, trainers, paraprofessionals, or other educational personnel.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies strategies that promote health and wellness by balancing the unique challenges of being an educator with personal responsibilities. The student is expected to:(A) identify signs of personal stress and anxiety;(B) choose appropriate boundaries for a healthy work-life balance; and(C) implement strategies to manage health and wellness.(2) The student explores the teaching and training profession. The student is expected to:(A) demonstrate an understanding of the historical foundations of education and training in the United States;(B) summarize and apply acquired pedagogical knowledge and skills needed by teaching and training professionals;(C) identify qualities of effective schools;(D) discuss non-traditional settings for teaching and training careers such as those in corporations, community outreach programs, nonprofits, and government entities; and(E) formulate a professional philosophy of education based on a personal set of beliefs.(3) The student understands the learner and the learning process. The student is expected to:(A) relate and implement principles and theories of human development to teaching and training situations;(B) relate and implement principles and theories about the learning process to teaching and training situations;(C) demonstrate and implement behaviors and skills that facilitate the learning process;(D) explain the relationship between effective instructional practices and providing support for learning differences, learner exceptionality, and learners with special needs;(E) evaluate backgrounds, strengths, and skills of students when planning instruction; and(F) demonstrate techniques for developing effective relationships with students that foster mutual respect and rapport and result in effective instruction.(4) The student interacts effectively in the role of an educator. The student is expected to:(A) demonstrate effective interaction skills with stakeholders such as students, educators, parents/guardians, community members, and other professionals;(B) demonstrate methods for promoting stakeholder partnerships in improving educational outcomes; and(C) describe the procedure for handling and reporting physical or emotional abuse.(5) The student plans and develops effective instruction. The student is expected to:(A) explain the role of the Texas Essential Knowledge and Skills in planning and evaluating instruction;(B) explain the rationale for having a fundamental knowledge of the subject matter in order to plan, prepare, and deliver effective instruction;(C) explain the rationale for and process of instructional planning components such as vertical alignment and scope and sequence;(D) describe principles and theories that impact instructional planning;(E) create clear short-term and long-term learning objectives that are developmentally appropriate for students; and(F) demonstrate lesson planning to meet instructional goals.(6) The student creates an effective learning environment. The student is expected to:(A) describe and implement a safe and an effective learning environment that incorporates the principles of universal design;(B) analyze and evaluate strategic student grouping techniques that result in effective instruction;(C) demonstrate teacher and trainer practices that promote an effective learning environment;(D) evaluate materials and equipment to determine age and grade level appropriateness and to meet the needs of diverse learners; (E) identify classroom management techniques that promote an effective learning environment; and(F) demonstrate communication, conflict-management, and mediation techniques supportive of an effective learning environment. (7) The student assesses teaching and learning. The student is expected to:(A) describe the role of assessment as part of the learning process;(B) create assessments to measure student learning;(C) analyze the assessment process;(D) use appropriate assessment strategies in an instructional setting; and(E) use assessment data to evaluate and revise lesson plans.(8) The student understands the relationship between school and society. The student is expected to:(A) explain the relationship between school and society;(B) recognize and use resources for professional growth such as family, school, and community resources; and(C) collaborate with stakeholders such as family, school, and community to promote learning.(9) The student develops technology skills. The student is expected to:(A) describe the role of technology in the instructional process;(B) use technology applications appropriate for specific subject matter and student needs; and(C) demonstrate skillful use of technology as a tool for instruction, evaluation, and management.(10) The student understands the professional, ethical, and legal responsibilities in teaching and training. The student is expected to:(A) describe teacher and trainer practices that promote professional and ethical conduct;(B) analyze professional and ethical standards that apply to educators and trainers;(C) analyze situations requiring decisions based on professional, ethical, and legal considerations; and(D) analyze expected effects of compliance and non-compliance with the Code of Ethics and Standard Practices for Texas Educators.(11) The student participates in field-based experiences in education and training. The student is expected to:(A) apply instructional strategies and concepts within a local educational or training facility; and(B) document, assess, and reflect on instructional experiences.(12) The student documents technical knowledge and skills. The student is expected to:(A) update professional portfolio components such as resume, samples of work, service-learning log, assessment results, and mock scholarship applications; and(B) present the portfolio to interested stakeholders.(13) The student demonstrates the knowledge and skills needed to provide meaningful, specific, and timely feedback to students, families, and other school personnel on the growth of students in relation to classroom goals while maintaining student confidentiality. The student is expected to:(A) explain the role feedback plays in the learning process;(B) provide guidance and feedback to motivate student behavior and outcomes;(C) demonstrate methods of providing feedback to students such as checklists, classroom processes, and written documentation;(D) demonstrate methods of accepting and reflecting on feedback to determine plans for improvement of educational outcomes; and(E) apply questioning strategies to facilitate student discussion.(14) The student demonstrates knowledge and understanding of teacher responsibility with regard to accommodations and modifications for students with special needs. The student is expected to:(A) identify the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973;(B) explain the structure and components of an individualized education program (IEP);(C) explain the structure and components of a Section 504 Plan; and(D) compare accommodations and modifications for students with special needs.(15) The student demonstrates proper record-keeping strategies needed by teachers to demonstrate evidence of student progress. The student is expected to:(A) understand and demonstrate the use of learning management systems and record-keeping tools;(B) outline school district policies related to teacher record keeping; and(C) identify the essential components of behavioral and academic records according to state and school district policy.(16) The student uses standard observation techniques to observe a variety of educational settings. The student is expected to:(A) evaluate teaching styles, learning environments, and classroom management utilizing observation checklists or other observation and evaluation tools; and(B) use observation and evaluation reports to reflect on teaching practices and develop strategies for improvement.(17) The student assesses the benefits of how a mentor relationship impacts a teaching career. The student is expected to:(A) recognize the benefits of a mentor relationship such as increased teacher retention, mentor guidance, and coaching; and(B) seek out and foster mentorship opportunities.(18) The student analyzes teacher employment requirements and professional growth opportunities for those in the education profession such as required education and certification. The student is expected to:(A) describe required education needed to become a certified teacher;(B) explain the steps for becoming a certified teacher in Texas;(C) compare certification requirements for various content and grade level areas of interest; and(D) identify various financial aid sources available for teacher candidates such as scholarships, student loans, and student loan forgiveness options once certified.</content><note type="source"><p>Source Note: The provisions of this §127.315 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.343"><num value="127.343">§127.343</num><heading>Practicum in Early Learning (Two Credits), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Child Guidance. Recommended prerequisites: Child Development or Child Development Associate Foundations. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Practicum in Early Learning is a field-based course that provides students background knowledge of early childhood development principles as well as principles of effective teaching and training practices. Students in the course work under the joint direction and supervision of both a teacher facilitator and an exemplary industry professional. Students learn to plan and direct individualized instruction and group activities, prepare instructional materials, assist with record keeping, make physical arrangements, and complete other responsibilities of early learning teachers, trainers, paraprofessionals, or other educational personnel.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores the early childhood education profession. The student is expected to:(A) analyze current trends and issues that impact early childhood education such as political, societal, and economic trends and issues;(B) analyze qualities of effective early childhood education professionals and programs;(C) develop a written summary of professional beliefs and values about early childhood education, how young children learn, and the role of an early educator;(D) explore the educational and academic requirements and possible degrees and certifications available in early childhood education;(E) develop and refine a personal career plan in preparation for a career in the field of early childhood development or education;(F) explore and identify early childhood development or education opportunities in non-traditional settings such as those in corporations, community outreach programs, nonprofits, and government entities; and(G) explore educational high-needs and teacher-specialty areas such as special education and bilingual and English as a second language education programs.(2) The student understands the learner and learning process. The student is expected to:(A) apply and reflect on the application of principles and theories of human development appropriate to early learning situations; (B) apply and reflect on the application of principles and theories about the learning process to specific early learning situations;(C) analyze the dynamics of educator and student behaviors that facilitate the early learning process;(D) analyze teaching skills that facilitate the early learning process and document field-learning experiences; and(E) demonstrate and evaluate effective instructional practices to accommodate diversity such as learning differences, learner exceptionality, and special-needs considerations.(3) The student plans and implements effective instruction. The student is expected to:(A) demonstrate and evaluate techniques promoting early childhood growth and development skills such as language, literacy, numeracy, motor learning, and cross-disciplinary content areas;(B) develop age-appropriate lesson plans and instructional materials that align to student learning goals;(C) evaluate the effectiveness of lesson plans and instructional strategies; and(D) explain how learner and professional feedback is used to guide selection and adjustment of instructional strategies.(4) The student creates and maintains an effective learning environment. The student is expected to:(A) create and maintain a safe and an effective learning environment;(B) integrate teacher or trainer practices that promote an effective learning environment;(C) apply classroom management techniques that promote an effective learning environment; and(D) demonstrate specific conflict-management and mediation techniques supportive of an effective learning environment.(5) The student assesses instruction and learning. The student is expected to:(A) develop and apply formal and informal assessments to track and monitor student learning and progress; and(B) analyze assessment data to inform and modify instruction. (6) The student understands the relationship between school, families, and community in early learning. The student is expected to:(A) select family services and school and community resources to promote student growth;(B) promote learning and build support through positive school partnership activities with stakeholders such as families, schools, communities, and business/industry; and(C) collaborate with professional early learning community members to meet the needs of students and families.(7) The student develops technology skills appropriate for effectively supporting students in the classroom. The student is expected to:(A) utilize a variety of assistive technologies that are age-appropriate for specific student learning needs, including for early learners with special needs; and(B) integrate various educational technologies as tools for instruction, evaluation, communication, and management.(8) The student understands the professional, ethical, and legal responsibilities of early childhood professionals. The student is expected to:(A) demonstrate and evaluate effective interaction skills with stakeholders such as students, educators, parents/guardians, community members, and other professionals;(B) analyze professional and ethical standards that apply to early childhood professionals; and(C) analyze situations requiring decisions based on professional, ethical, and legal considerations.(9) The student explores the need and opportunities for continued professional development for early education professionals. The student is expected to:(A) identify strategies and resources for the professional development of early education professionals such as research and assessment; and(B) create a plan for professional career growth, including short-term and long-term goals.(10) The student understands facility operations, including nutrition, program management, and safety guidelines. The student is expected to:(A) explain the importance of accurate record maintenance such as personnel, student, incident, and facility documentation;(B) create a meal plan that promotes good nutrition and wellness;(C) explain the importance of allocation of facility resources and budget management; and(D) explain the importance of safety procedures and regulations.(11) The student continues to participate in field-based experiences in early childhood settings. The student is expected to:(A) apply instructional strategies and concepts within a local educational or training facility; and(B) document, assess, and reflect on instructional experiences.(12) The student documents technical knowledge and skills. The student is expected to:(A) gather artifacts and documentation that support attainment of technical skill competencies;(B) update a professional portfolio to include components such as a resume, samples of work, service-learning log, recognitions, awards, scholarship essays, letters of recommendation, certifications, evaluations, and Child Development Associate (CDA) requirements; and(C) present a portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.343 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.344"><num value="127.344">§127.344</num><heading>Extended Practicum in Early Learning (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Child Guidance. Recommended prerequisites: Child Development or Child Development Associate Foundations. Corequisite: Practicum in Early Learning. This course must be taken concurrently with Practicum in Early Learning and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Extended Practicum in Early Learning is a field-based internship that provides students background knowledge of early childhood development principles as well as principles of effective teaching and training practices. Students in the course work under the joint direction and supervision of both a teacher facilitator and an exemplary industry professional. Students learn to plan and direct individualized instruction and group activities, prepare instructional materials, assist with record keeping, make physical arrangements, and complete other responsibilities of early learning teachers, trainers, paraprofessionals, or other educational personnel.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to:(A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) present information formally and informally;(C) analyze, interpret, and communicate information; and(D) apply active listening skills to obtain and clarify information.(2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions.(3) The student understands the professional, ethical, and legal responsibilities in early childhood education professions. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) show integrity by choosing the ethical course of action when making decisions;(C) demonstrate proper etiquette and knowledge of acceptable-use policies when using networks, especially resources on the internet and intranet; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(4) The student continues to participate in field-based experiences in early childhood education and education and training professions. The student is expected to:(A) apply instructional strategies and concepts with increased fluency within a local educational or training facility;(B) apply principles and theories that impact instructional planning;(C) develop curriculum and related materials to support instruction that aligns with current child development industry standards; (D) demonstrate competency in foundation and enrichment subject areas;(E) create lesson plans that meet instructional goals;(F) document, assess, and reflect on instructional experiences; and(G) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.344 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.345"><num value="127.345">§127.345</num><heading>Practicum in Education and Training (Two Credits), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Instructional Practices. Recommended prerequisites: Principles of Education and Training, Human Growth and Development, and Child Development. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Practicum in Education and Training is a field-based course that provides students background knowledge of child and adolescent development principles as well as principles of effective teaching and training practices. Students in the course work under the joint direction and supervision of both a teacher with knowledge of early childhood, middle childhood, and adolescence education and exemplary educators in direct instructional roles with elementary-, middle school-, and high school-aged students. Students learn to plan and direct individualized instruction and group activities, prepare instructional materials, assist with record keeping, make physical arrangements, and perform other duties of classroom teachers, trainers, paraprofessionals, or other educational personnel.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes strategies that promote health and wellness to address the unique challenges in balancing work and personal responsibilities for educators. The student is expected to:(A) examine signs of personal stress and anxiety;(B) describe and develop appropriate boundaries for a healthy work-life balance; and(C) identify and implement strategies to manage health and wellness.(2) The student explores the teaching and training field and profession. The student is expected to:(A) analyze current trends and issues that impact education such as political, societal, and economic trends and issues;(B) analyze practices of effective teaching and training professionals;(C) analyze qualities of effective schools;(D) develop a written summary of professional beliefs and values about education and training;(E) determine the educational and academic requirements and possible degrees and certifications necessary for a profession of interest in teaching and training;(F) refine a personal career plan in preparation for a career in the field of education or training;(G) research and identify teaching and training opportunities in non-traditional settings such as those in corporations, community outreach programs, nonprofits, and government entities; and(H) research and identify educational high-needs and teacher-shortage areas.(3) The student understands the learner and learning process. The student is expected to:(A) apply principles and theories of human development appropriate to specific teaching or training situations;(B) apply principles and theories about the learning process to specific teaching or training situations;(C) analyze the dynamics of educator and student behaviors that facilitate the learning process;(D) analyze teaching skills that facilitate the learning process; and(E) demonstrate and evaluate effective instructional practices to accommodate diversity such as learning differences, learner exceptionality, and special needs.(4) The student interacts effectively in the role of an educator. The student is expected to:(A) demonstrate and evaluate effective interaction skills with stakeholders such as students, educators, parents/guardians, community members, and other professionals; and(B) demonstrate and evaluate techniques that promote literacy and numeracy.(5) The student plans and uses effective instruction. The student is expected to:(A) apply principles and theories that impact instructional planning;(B) use lesson planning tools such as unit plans and scope and sequence and vertical alignment documents;(C) develop instructional materials that align with the Texas Essential Knowledge and Skills;(D) demonstrate competency in foundation and enrichment subject areas;(E) apply research-based practices to create lessons plans that meet instructional goals;(F) analyze the development of effective instructional strategies;(G) evaluate and analyze effectiveness of lessons plans and instructional strategies used in a lesson or series of lessons; and(H) explain how learner and professional feedback is used to guide selection and adjustment of instructional strategies.(6) The student creates and maintains an effective learning environment. The student is expected to:(A) apply principles of universal design to create and maintain a safe and effective learning environment;(B) integrate teacher or trainer practices that promote an effective learning environment;(C) apply classroom management techniques that promote an effective learning environment; and(D) demonstrate specific conflict-management and mediation techniques supportive of an effective learning environment.(7) The student assesses instruction and learning. The student is expected to:(A) develop and apply formative and summative assessments to foster student learning;(B) use assessment strategies to promote personal growth and teaching or training improvement;(C) use self-reflection techniques to promote personal growth and teaching or training improvement; and(D) use classroom and standardized test assessment data to drive instructional strategy.(8) The student understands the relationship between school and society. The student is expected to:(A) identify ways to support learning through advocacy;(B) identify and select family, school, and community resources that support learning; and(C) promote learning and build support through positive school partnership activities with stakeholders such as families, schools, communities, and business/industry.(9) The student develops technology skills. The student is expected to:(A) access and use current technology applications appropriate for specific subject matter and student needs; and(B) integrate the use of technology as a tool for instruction, evaluation, and management effectively.(10) The student understands the professional, ethical, and legal responsibilities in teaching and training. The student is expected to:(A) analyze teacher and trainer practices that promote professional and ethical conduct;(B) analyze professional and ethical standards that apply to educators and trainers;(C) analyze situations requiring decisions based on professional, ethical, and legal considerations; and(D) analyze potential consequences related to non-compliance with the Code of Ethics and Standard Practices for Texas Educators.(11) The student explores the need and opportunities for continued professional development for educators and trainers. The student is expected to:(A) identify strategies and resources for the professional development of educators or trainers such as research and assessment;(B) demonstrate teacher or trainer practices that promote ongoing professional development and lifelong learning; and(C) develop a plan for professional growth.(12) The student participates in field-based experiences in education or training. The student is expected to:(A) apply instructional strategies and concepts within a local educational or training facility; and(B) document, assess, and reflect on instructional experiences.(13) The student documents technical knowledge and skills. The student is expected to:(A) gather artifacts and documentation that support attainment of technical skill competencies;(B) update a professional portfolio to include components such as a resume, samples of work, service-learning logs, recognitions, awards, scholarship essays, letters of recommendation, certifications, and evaluations; and(C) present a professional portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.345 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scG/s127.346"><num value="127.346">§127.346</num><heading>Extended Practicum in Education and Training (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Education and Training Career Cluster. Prerequisite: Instructional Practices. Recommended prerequisites: Principles of Education and Training and Human Growth and Development. Corequisite: Practicum in Education and Training. This course must be taken concurrently with Practicum in Education and Training and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Education and Training Career Cluster focuses on planning, managing, and providing education and training services and related learning support services.(3) Extended Practicum in Education and Training is a field-based internship that provides students background knowledge of child and adolescent development principles as well as principles of effective teaching and training practices. Students in the course work under the joint direction and supervision of both a teacher with knowledge of early childhood, middle childhood, and adolescence education and exemplary educators in direct instructional roles with elementary-, middle school-, and high school-aged students. Students learn to plan and direct individualized instruction and group activities, prepare instructional materials, assist with record keeping, make physical arrangements, and complete other responsibilities of classroom teachers, trainers, paraprofessionals, or other educational personnel.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to:(A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) effectively present information formally and informally; (C) analyze, interpret, and effectively communicate information; and(D) apply active listening skills to obtain and clarify information.(2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions.(3) The student understands the professional, ethical, and legal responsibilities in education and training. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) show integrity by choosing the ethical course of action when making decisions;(C) demonstrate proper etiquette and knowledge of acceptable-use policies when using networks, especially resources on the Internet and intranet; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(4) The student continues to participate in field-based experiences in education and training. The student is expected to:(A) apply instructional strategies and concepts with increased fluency within a local educational or training facility;(B) apply principles and theories that impact instructional planning;(C) develop curriculum and related materials to support instruction that align with the Texas Essential Knowledge and Skills;(D) demonstrate competency in foundation and enrichment subject areas;(E) create lessons plans that meet instructional goals;(F) document, assess, and reflect on instructional experiences; and(G) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.346 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scH"><num value="H">SUBCHAPTER H</num><heading>ENERGY</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scH/s127.351"><num value="127.351">§127.351</num><heading>Foundations of Energy (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2020-2021 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of the course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and success in current or emerging energy professions.(2) The Energy Career Cluster focuses on Texas's diverse economic landscape, geography and natural resources, including renewable energy potential, transportation system, labor force, and leadership in environmental research.(3) In Foundations of Energy, students will conduct laboratory and field investigations, use scientific practices during investigations, and make informed decisions using critical thinking and scientific problem solving. Various systems will be described in terms of energy. Students will study a variety of topics that include energy transformation, the law of conservation of energy, energy efficiency, interrelationships among energy resources and society, and sources and flow of energy through the production, transmission, processing, and use of energy. Students will apply these concepts and perform investigations and experiments at least 40% of the time using safe practices.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes current and future career opportunities in the energy sector, including oil and gas exploration and production, refining and chemical processing, and renewable energy. The student is expected to:(A) evaluate energy systems and identify careers within those systems;(B) examine past market and employment trends in the energy sector;(C) discuss current issues in energy production and predict future needs and employment opportunities in this field;(D) identify career development, education, credentialing, and entrepreneurship opportunities in the energy sector; and(E) apply competencies related to resources, information, and systems of operation in the energy sector.(2) The student conducts laboratory and field investigations using safe, environmentally appropriate, and ethical practices. The student is expected to:(A) demonstrate safe practices during laboratory and field investigations;(B) use a wide variety of additional course apparatuses, equipment, techniques, and procedures as appropriate such as satellite imagery and other remote sensing data, Geographic Information Systems (GIS), Global Positioning System (GPS), scientific probes, microscopes, telescopes, modern video and image libraries, weather stations, fossil and rock kits, tectonic plate models, and planetary globes;(C) engage in meaningful hands-on, minds-on conceptual activities in the areas of energy; and(D) demonstrate an understanding of the use and conservation of resources and proper disposal or recycling of materials.(3) The student uses critical thinking and problem solving to make informed decisions within and outside the classroom. The student is expected to:(A) communicate and present valid conclusions from energy information extracted from various sources such as current events, news reports, published journal articles, and marketing materials; (B) explain the impacts of energy discoveries by a variety of historical and contemporary scientists and entrepreneurs on current societal attitudes;(C) compare advantages and disadvantages in the use of the various energy sources; and(D) distinguish between scientific decision making (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(4) The student presents conclusions, research findings, and designs using a variety of media throughout the course. The student is expected to:(A) develop written and oral presentation skills related to energy issues and solutions by researching and describing the history of energy production in Texas and contributions of scientists and entrepreneurs; and(B) develop data retrieval and analysis skills related to energy production and use by researching information about energy sources, including renewable and non-renewable sources, and energy efficiency and how each source is used to produce electrical energy.(5) The student examines and explains concepts and procedures related to energy. The student is expected to:(A) identify general purposes for energy, including transportation, light, cooking, heating or cooling, entertainment, and cleaning;(B) explain and demonstrate transformations among various energy forms, including potential, kinetic, chemical, mechanical, electrical, and light energy;(C) analyze the role of gravity in transforming energy;(D) investigate and calculate the relationship between work, potential energy, and kinetic energy;(E) examine various types of energy transfer mechanisms, determine the original form of energy and what form that energy is being transformed into, and use examples to analyze and calculate the relationships among work, kinetic energy, and potential energy;(F) describe and apply the law of conservation of energy; and(G) use basic calorimetry to determine the amount of energy stored in substances such as coal.(6) The student understands the basics of fluid mechanics related to energy discovery, production, and transportation. The student is expected to:(A) identify fluids used as fuels, including liquids and gases;(B) identify fluids used in the discovery, production, and transportation of energy sources;(C) explain capillary action and relate it to energy production; and(D) explain, using formulas, how pressure and temperature affect the behavior of fluids.(7) The student understands how and where energy is produced and identifies Texas energy resources. The student is expected to:(A) research the location of energy resources and power production plants in Texas;(B) compile information on the history of energy production in Texas and describe its past and current importance to the U.S. economy;(C) investigate the role of technology in the future development of energy usage;(D) identify ways to conserve energy;(E) map the major sources of energy used in Texas;(F) assess the impact of the various energy sources on the economy in Texas;(G) analyze how supply and demand impacts Texas's economy in relation to energy; and(H) compare and contrast the impact of energy sources and supply and demand in Texas with national and global data.(8) The student investigates how energy resources such as water, oil, and natural gas are stored underground in rock formations. The student is expected to:(A) assess the properties and geological histories of rocks and rock formations that enable energy storage;(B) determine the physical properties of permeability and porosity of rock formations and relate these properties to the amount of water, oil, and natural gas held in these formations;(C) explain how aquifers function and locate major aquifers in Texas; and(D) investigate how innovations such as hydraulic fracturing and high-power transmission lines have made massive energy resources such as oil, gas, wind, and electricity available in Texas.(9) The student knows differences between renewable and non-renewable resources. The student is expected to:(A) identify and describe various renewable and non-renewable resources;(B) describe and compare the energy efficiency of renewable and non-renewable energy derived from natural and alternative sources such as oil, natural gas, coal, nuclear, solar, geothermal, hydroelectric, and wind;(C) examine the benefits and hazards of using renewable and non-renewable energy sources;(D) research methods by which benefits can be increased and hazards reduced in the use of renewable and non-renewable energy sources;(E) examine different viewpoints of an energy source regarding availability, cost, potential pollution, impact to plant and animal habitat, and sustainability;(F) analyze an energy source's relative availability and renewability and discuss how these factors inform decision making regarding a source's use; and(G) analyze changing social perspectives and how they can influence scientific practices.(10) The student knows how energy impacts the student's life and the role energy plays in international relations, the environment, standards of living, and the economy. The student is expected to:(A) analyze the impact energy has on the environment;(B) research and discuss the ethical and social issues surrounding Earth's energy resources;(C) analyze the advantages and disadvantages of an energy source's long-term use;(D) explain the relationship between energy and quality of life;(E) research and describe the connection between energy production, transmission, processing, and marketing; and(F) analyze the impact and effectiveness of the measures taken by the United States and other countries to use energy to reduce greenhouse gases, improve water and air quality, and extend life expectancy. (11) The student investigates extended learning experiences such as career and technical student organizations and area energy museums and displays. The student is expected to:(A) identify a minimum of three energy professionals for potential speaking invitations either in person or via the Internet;(B) research and describe an energy-related organization such as a museum or local business; and(C) compare educational requirements for different energy industry jobs in Texas.</content><note type="source"><p>Source Note: The provisions of this §127.351 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scH/s127.352"><num value="127.352">§127.352</num><heading>Oil and Gas Production I (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Energy Career Cluster focuses on Texas's diverse economic landscape, geography and natural resources, including renewable energy potential, transportation system, labor force, and leadership in environmental research.(3) In Oil and Gas Production I, students will identify specific career opportunities and skills, abilities, tools, certification, and safety measures associated with each career. Students will also understand components, systems, equipment, and production and safety regulations associated with oil and gas wells. To prepare for careers in oil and gas production, students must attain academic skills and knowledge, acquire technical knowledge and skills related to oil and gas production and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the history of and process for drilling a well. The student is expected to:(A) describe the history of drilling for petroleum in the United States and abroad;(B) describe and appraise routine drilling operations, offshore drilling, and new drilling technologies;(C) describe the tools and techniques for directional drilling;(D) examine the differences between fishing, retrieving, and repairing pipe;(E) describe the methods for completing a well in order for production to begin;(F) assess fluid pressure;(G) determine how the flow is initiated in a new well;(H) differentiate between major components of a well and discuss the purpose, design, and operation of each component;(I) describe activities associated with completing a well;(J) describe the well completion processes and equipment;(K) summarize the instruments and techniques used when logging and testing during the drilling and completion of a well;(L) list the factors that are analyzed when studying a poorly producing well; and(M) identify the responsibilities, characteristics, abilities, and work behaviors of personnel that are involved in well service.(2) The student discusses and identifies components, systems, equipment, production, and safety regulations associated with oil and gas wells. The student is expected to:(A) identify the major systems and equipment used in the production of oil and gas;(B) identify and describe the wellhead equipment that controls fluid flow;(C) trace the process flow through the oil and gas production systems and equipment;(D) discuss the purpose of the wellhead and identify the major components;(E) describe the purpose, design, and operation of each wellhead component;(F) compare and contrast the major differences in wellhead construction;(G) compare and contrast onshore and offshore facilities;(H) compare and contrast oil and gas regions within the United States;(I) describe the safety, health, and environmental concerns associated with working around a wellhead;(J) explain how the wellhead system affects other production systems tied to the wellhead;(K) describe the activities associated with monitoring and regulating well flow;(L) describe the wellhead maintenance activities performed by the production technician;(M) operate and troubleshoot a wellhead using a computer simulator, pilot plant, or tabletop unit; and(N) identify the operating conditions that would warrant a manual or automatic shut-in of a well and steps involved in a manual shut-in of a well.(3) The student discusses safety issues related to the oil and gas industry. The student is expected to:(A) describe the safety, health, and environmental concerns associated with drilling, production, and maintenance; and(B) research safety standards in the petroleum industry such as the Bureau of Safety and Environmental Enforcement (BSEE), United States Coast Guard (USCG), American Petroleum Institute (API), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI), and others.</content><note type="source"><p>Source Note: The provisions of this §127.352 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scH/s127.353"><num value="127.353">§127.353</num><heading>Oil and Gas Production II (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Oil and Gas Production I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Energy Career Cluster focuses on Texas's diverse economic landscape, geography and natural resources, including renewable energy potential, transportation system, labor force, and leadership in environmental research.(3) In Oil and Gas Production II, students will gain knowledge of the specific requirements for entry into post-secondary education and employment in the petroleum industry; research and discuss petroleum economics; research and discuss the modes of transportation in the petroleum industry; research and discuss environmental, health, and safety concerns; research and discuss different energy sources; and prepare for industry certification. To prepare for careers in oil and gas production, students must attain academic skills and knowledge, acquire technical knowledge and skills related to oil and gas production and the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and discusses the modes of transportation and environmental, health, and safety concerns. The student is expected to:(A) describe evolution of transportation in the petroleum industry;(B) research and access the various ground methods of transportation;(C) survey health and safety policies, procedures, regulations, and practices as they relate to transportation in the petroleum industry;(D) research and discuss petroleum economics;(E) compare marketing, sales, and distribution of petroleum products;(F) identify supply chain businesses that create new supplies of oil and gas;(G) identify supply creation companies and how they operate;(H) discuss the factors in investment decision making; and(I) calculate rates of return to evaluate prospects.(2) The student researches the different methods of disposing of oil and gas waste and methods of cleanup. The student is expected to:(A) discuss the disposal methods of exploration and production wastes;(B) identify cleanup methods for blowouts and spills; and(C) identify refining processes that minimize environmental impact.(3) The student researches and identifies the different energy sources and priorities for the oil and gas industry. The student is expected to:(A) research the petroleum industry to identify renewable energy sources;(B) present the challenges and priorities of the petroleum industry;(C) research the critical technologies needed in the future; and(D) research the nontechnical solutions to energy needs.</content><note type="source"><p>Source Note: The provisions of this §127.353 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scH/s127.354"><num value="127.354">§127.354</num><heading>Oil and Gas Production III (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2020-2021 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Oil and Gas Production II. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Energy Career Cluster focuses on Texas's diverse economic landscape, geography and natural resources, including renewable energy potential, transportation system, labor force, and leadership in environmental research.(3) In Oil and Gas Production III, students will gain knowledge of hydraulic and pneumatic systems and skill requirements to work in oil and gas and related industries. Students complete an advance core curriculum that includes hydraulic and pneumatic systems involved in oil and gas production. This program is designed to train students in all areas of down and mid-stream operation skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies the importance of oil field hydraulics and its contributions to the oil and gas industry. The student is expected to:(A) identify companies that contributed to oil field hydraulics and fracturing and discuss those contributions;(B) explain the history of hydraulic fracturing and its importance to the oil field industry and the process of producing wells in North America;(C) describe the impact of hydraulics on energy in North America; and(D) explain the impact on new oil and natural gas production in North America as it relates to technology.(2) The student demonstrates an understanding of pneumatics and hydraulics and their significance and application in the petroleum engineering industry. The student is expected to:(A) describe and define the basic functional components of the pneumatic system and the function of a pneumatic schematic;(B) explain pneumatic pressure and identify its unit of measure during application procedures;(C) explain the importance of a hydraulic system and identify the hydraulic system's five basic components (hydraulic pump, control valves, actuators, reservoir, and accumulators), including the hydraulic system's significance in the petroleum engineering industry; and(D) define hydraulics and identify its unit of measure during application procedures.(3) The student explains and demonstrates the six pneumatic safety rules and the importance of the rules in the petroleum industry. The student is expected to:(A) explain the six pneumatic safety rules, including wearing safety glasses when building and operating pneumatics, keeping fingers clear of piston rods, never blowing compressed air at anyone, not turning the main air supply on until a circuit is connected, turning the air off if air is leaking from a joint, and turning the air off before altering a circuit;(B) demonstrate safety precaution measures in pneumatics and discuss the importance of safety equipment during this process; and(C) demonstrate and explain the importance of a pressure regulator in pneumatics, including the historical significance.(4) The student demonstrates an understanding of basic cylinder circuits and pneumatic cylinder circuits and their significance and applications in the petroleum engineering industry. The student is expected to:(A) explain the functions of the operation of a double acting pneumatic cylinder and each of its functions;(B) describe the operation of five-way three-position directional control valves (DCV);(C) describe the function of a pneumatic quick-connect fitting; and(D) demonstrate how to safely connect the pneumatic circuit with a quick-connect fitting.(5) The student understands the impact of a hydraulic schematic in oil field applications. The student is expected to:(A) describe ISO symbols and appropriately use them to draw a hydraulic schematic; and(B) create a hydraulic schematic.(6) The student identifies the principles of hydraulic pressure and flow and discusses the basic hydraulic cylinder circuits and their application. The student is expected to:(A) calculate the force output of an extending cylinder and the retraction force of a cylinder;(B) explain the relevance of Pascal's Law to hydraulics; (C) identify and discuss hydraulic motors and pumps; and(D) identify hydraulic cylinders and their impact on single and double acting circuits.</content><note type="source"><p>Source Note: The provisions of this §127.354 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scH/s127.355"><num value="127.355">§127.355</num><heading>Oil and Gas Production IV (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2020-2021 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Oil and Gas Production III. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content alignment with challenging academic standards and relevant knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Energy Career Cluster focuses on Texas's diverse economic landscape, geography and natural resources, including renewable energy potential, transportation system, labor force, and leadership in environmental research.(3) Oil and Gas Production IV is designed to extend training for future petroleum engineering technicians in all areas of down and mid-stream operations. Students complete an intense core curriculum in areas that include hydrocarbon safety, drilling, petroleum geology, oil and gas exploration and production, reservoir operations, well head completions, petroleum data management operations and analysis, natural gas production, and economics. In conjunction with this course, students employ the latest computer software in engineering and petroleum, operations, data mining, and geological mapping.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explains the phases of well construction. The student is expected to:(A) describe the function of the well completion phase and the different hole tests used in well completions;(B) design the completion of the reservoir using technology such as computer designing software;(C) describe the open hole completion and sand control completion processes; and(D) describe conventional completions and their components and how they relate to production tubing.(2) The student explains the concepts of safety in well completions and indicates tools and procedures for completing a drilled wellbore. The student is expected to:(A) research health and safety standards for the workplace and environment such as Standards and Wireline Operations and Procedures and Occupational Safety and Health Administration (OSHA) and standards provided by professional organizations in the oil and gas industry such as the American Chemical Society, American Institute of Chemical Engineers, Center for the Advancement of Process Technology, Gulf Coast Process Technology Alliance, and American Petroleum Institute (API);(B) identify well completion tools and equipment and their use during each well completion phase; and(C) analyze the cost of safety during well completions.(3) The student explains the concepts of hydraulic fracturing and its role during the well completion phase. The student is expected to:(A) describe how the generic well design and drilling mud systems impact drilling;(B) interpret ways in which generic platform wells, cuttings disposal routes, and drilling fluid design impact the generic well design; and(C) evaluate the significance of reservoir formations.(4) The student discusses the potential hazards and possible solutions of well and equipment testing. The student is expected to:(A) evaluate potential hazards and formulate a safety plan that covers safety guidelines and equipment, including first-aid and safety uniforms;(B) describe and accurately measure the flow of oil, gas, and water in real time;(C) ensure precautions and measures are considered during the surface well testing; and(D) discuss the importance of knowing the surrounding environment when well testing.(5) The student researches the different types of coring and core analysis used in well completions and how they play an important role in well completion. The student is expected to:(A) describe the role of coring and core analysis in well completions;(B) identify the relationship between the factors such as core analysis and well logging that play an active role in well completions;(C) explain well logging and its importance in formation evaluation;(D) research different methods of formation testing by acquiring core samples;(E) research drill stem testing;(F) explain drill stem tests and their importance in measuring the flow of oil and gas in well completions; and(G) evaluate the cost of completion operations for well completion.</content><note type="source"><p>Source Note: The provisions of this §127.355 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scH/s127.356"><num value="127.356">§127.356</num><heading>Introduction to Process Technology (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2020-2021 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Energy Career Cluster focuses on Texas's diverse economic landscape, geography and natural resources, including renewable energy potential, transportation system, labor force, and leadership in environmental research.(3) In Introduction to Process Technology, students will learn the social significance and workforce impact of process technology in industry and the opportunities available at various levels of education and training in industries using process technology.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands common definitions, terminology, and the basic foundations related to process technology. The student is expected to:(A) describe the types of industry utilizing process technology and identify fields related to process technology;(B) identify and describe the career opportunities in process technology, pathways to career development, and certification requirements of industries utilizing process technology, including job responsibilities, typical work schedules, and career opportunities;(C) demonstrate the use of content such as technical concepts and vocabulary when analyzing information and following directions; (D) identify currently emerging issues in process technology; and(E) identify principles of instruments and instrument technology used in industrial process technology.(2) The student identifies and discusses types of industrial piping, valves, and basic process equipment. The student is expected to:(A) discuss the basics of piping, valves, and equipment used in industry; and(B) demonstrate the ability to read and interpret the various types of industrial drawings, diagrams, and data sheets related to industrial piping, valves, and equipment.(3) The student identifies and discusses the types of industrial electrical equipment and instrumentation used in process technology. The student is expected to:(A) demonstrate the ability to read and interpret the various types of industrial drawings, diagrams, charts, and data sheets related to industrial electrical equipment;(B) interpret industry standard circuit schematics;(C) identify areas where quality, reliability, and safety can be integrated into a product; and(D) describe the principles of electricity as applied in industrial process technology.(4) The student discusses safety issues related to industrial process technology. The student is expected to:(A) describe the safety, health, and environmental concerns and requirements for industries using process technology along with the history that led to modern standards;(B) analyze and execute safety guidelines as described in various manuals, instructions, and regulations;(C) describe the implications of negligent or improper maintenance;(D) discuss and demonstrate how precision measuring instruments are used in industrial process technology; and(E) research agencies that govern safety in industrial process technology, including their authority and requirements.(5) The student demonstrates understanding of basic industrial mathematics. The student is expected to:(A) perform common computations required in industrial process technology using mastered calculator skills;(B) determine when to convert between fractions, decimals, whole numbers, and percentages mentally, on paper, or with a calculator when required in industrial process technology;(C) identify and quantify causes and effects of uncertainties in measured data;(D) demonstrate how exponents, symbols, and the order of operations are used to solve real world word problems commonly seen in process technology;(E) determine appropriate formulas to compute cross sections, surface areas, and volumes of geometric figures such as circles, squares, and cylinders;(F) estimate measurements and solve application problems involving industry drawings and data sheets using consistent units for all measurements and computation;(G) describe and discuss how to use scientific notation and International System (SI) units to gather and record data with accuracy and precision;(H) organize and evaluate data and make inferences from data, including the use of tables, charts, and graphs;(I) determine a dimension of an object given a scaled drawing having no dimensions; and(J) represent and solve problems involving proportional relationships, including conversions between measurement systems using multiplication by a given constant factor such as unit rate.(6) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) analyze elements of a problem to develop innovative solutions;(B) critically analyze information to determine value to the problem-solving task;(C) analyze a variety of problem-solving strategies and critical-thinking skills; and(D) conduct technical research to gather information necessary for decision making.(7) The student applies comprehensive knowledge in a simulation environment to demonstrate the mastery of the concepts covered in this course. The student is expected to:(A) represent or simulate a portion of a process system by generating an appropriate drawing, diagram, or data sheet;(B) demonstrate how to achieve a specific goal with the use of a simple mockup of a process system;(C) execute a simple mockup of a process system to achieve a specified goal;(D) demonstrate appropriate safety equipment selection for use in a variety of assigned tasks;(E) identify and apply mathematical operations to complete calculations and specified computations, including unit conversions for a simulated process system;(F) explain how visual depictions, data readouts, and trends in a computer-based process simulator relate to actual valves, piping, equipment, electrical gear, and instrumentation in a process system; and(G) develop critical-thinking skills using simulations to identify and solve problems associated with process technology.(8) The student presents conclusions, research findings, and designs using a variety of media throughout the course. The student is expected to:(A) discuss and critique the validity of conclusions supported by the data through various methods such as lab reports, labeled drawings, graphic organizers, journals, summaries, oral reports, and technology-based reports; and(B) record, express, and manipulate relationships among data using graphs, charts, and equations.</content><note type="source"><p>Source Note: The provisions of this §127.356 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scH/s127.357"><num value="127.357">§127.357</num><heading>Petrochemical Safety, Health, and Environment (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2020-2021 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. The course is recommended for students in Grades 11 and 12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Energy Career Cluster focuses on Texas's diverse economic landscape, geography and natural resources, including renewable energy potential, transportation system, labor force, and leadership in environmental research.(3) Petrochemical Safety, Health, and Environment addresses the shortage of process technology operators/technicians by educating students on the safety rules, regulations, and operations of the petrochemical process technology operator. Students enrolled in this course will learn about the knowledge and skills required in occupational safety, health, and environment as well as the governing regulatory authorities and the legal aspects of the industry in order to maintain a safe work environment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student examines compliance standards to ensure safe work practices as they relate to safety, health, and environmental regulations. The student is expected to:(A) identify the legal governing agencies and describe regulatory requirements as they apply to the petrochemical industry, its employees, and the community;(B) identify specific state and federal regulations and the related specific tasks performed by process technology operators/technicians; (C) identify safety programs used in the gulf coast area;(D) determine types of administrative controls and permitting systems to ensure safe work practices, especially as the controls relate to confined spaces and log-out and tag-out (LOTO);(E) demonstrate the proper usage of typical safety equipment and systems used in local plants;(F) describe how engineering controls are designed to allow process technology operators/technicians to operate equipment with system safeguards;(G) describe the different types of personal protective equipment (PPE), including fire resistant clothing (FRC), hard hats, safety shoes, hearing protection, safety glasses, and acid suits;(H) evaluate the types of monitors that measure exposure ratings for noise, heat, and radiation;(I) describe the different types of respiratory protection according to their levels of protection, including air purifying, air supply, escape packs, and self-contained breathing apparatus (SCBA); and(J) identify the types of monitoring instruments that process operators/technicians use to monitor the atmosphere, oxygen content, explosive atmosphere, and toxicity.(2) The student summarizes the environmental requirements that are designed to safeguard society. The student is expected to:(A) describe the types of spills and releases and the environmental factors that can impact them;(B) identify specific systems that are in place to mitigate or prevent hazards to the environment and to individuals, including safe disposal of hazardous materials;(C) identify the regulatory governmental agencies, including Occupational Safety and Health Administration (OSHA), Mining Safety and Health Administration (MSHA), Texas Commission on Environmental Quality (TCEQ), and the Environmental Protection Agency (EPA), that protect our safety, health, and environment;(D) identify the Hazard Communication (HAZCOM) program and its components, including written Emergency Response Plans (ERPs), labeling containers that contain hazardous chemicals, and Safety Data Sheets (SDS) for hazardous chemicals produced or imported;(E) describe the different types of hazards, including fire and explosions, ergonomic, biological, and blood borne pathogens; and(F) describe the Maritime Security Act (MARSEC), which protects against terroristic threats.(3) The student describes equipment and energy and work surface hazards. The student is expected to:(A) define the types of equipment and energy and work surface hazards, including electrical, rotating equipment, thermal, elevation/heights/fall protection, chemical, slip and trips, and machine guarding;(B) identify hazards as they pertain to construction, vehicles, weather, and security, and describe how to protect the point of access and the site, including contractors who might have limited safety knowledge, new equipment installation, traffic control, and training on heavy machinery; and(C) determine how weather conditions can adversely impact safety at a petrochemical plant or other process industry, including heat stress, hurricanes, freeze precautions, adverse weather conditions, lightning, and wind.(4) The student identifies environmental pollutants as well as regulations to protect the environment. The student is expected to:(A) describe environmental pollutants, including toxic chemicals;(B) identify the Material Safety Data Sheet (MSDS) manual list of the hazardous and toxic chemicals for process control sites;(C) summarize the EPA petition process for approval of chemicals created by a plant;(D) determine the permissions that must be acquired before site production begins, including a toxicology report such as a Chemical Inventory Management System (CIMS) for a local plant; and(E) describe the types of environmental controls that are in place to protect the environment such as monitoring and air and water permits.</content><note type="source"><p>Source Note: The provisions of this §127.357 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scI"><num value="I">SUBCHAPTER I</num><heading>ENGINEERING</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.391"><num value="127.391">§127.391</num><heading>Principles of Applied Engineering (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) Principles of Applied Engineering provides an overview of the various fields of science, technology, engineering, and mathematics and their interrelationships. Students develop engineering communication skills, which include computer graphics, modeling, and presentations, by using a variety of computer hardware and software applications to complete assignments and projects. Upon completing this course, students will have an understanding of the various fields of engineering and be able to make informed career decisions.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student investigates the components of engineering and technology systems. The student is expected to:(A) investigate and report on the history of engineering disciplines, including chemical, civil, electrical, and mechanical engineering;(B) identify the inputs, processes, and outputs associated with technological systems;(C) describe the difference between open and closed systems;(D) describe how technological systems interact to achieve common goals;(E) compare engineering, science, and technology career paths, including entry-level employment, military service, apprenticeships, community and technical colleges, and universities;(F) conduct and present research on emerging and innovative technology; and(G) demonstrate proficiency of the engineering design process.(2) The student presents conclusions, research findings, and designs using a variety of media throughout the course. The student is expected to:(A) use clear and concise written, verbal, and visual communication techniques;(B) maintain a design and computation engineering notebook; (C) develop and present ideas using sketching and computer-aided design and drafting (CADD);(D) draw conclusions using industry-standard visualization techniques and media;(E) maintain a paper or digital portfolio using the engineering documentation process; and(F) use collaborative tools such as desktop or web-based applications to share and develop information.(3) The student uses appropriate tools and demonstrates safe work habits. The student is expected to:(A) master relevant safety tests;(B) follow lab safety guidelines as prescribed by instructor in compliance with local, state, and federal regulations;(C) identify industry safety terminology related to the personal work environment such as Occupational Safety and Health Administration (OSHA), American Society of Mechanical Engineers (ASME), and personal protective equipment (PPE);(D) recognize the classification of hazardous materials and wastes;(E) describe appropriate ways to dispose of hazardous materials and wastes;(F) maintain, safely handle, and properly store laboratory equipment;(G) describe the implications of negligent or improper maintenance; and(H) demonstrate the use of precision measuring instruments. (4) The student describes the factors that affect the progression of technology and analyzes the potential intended and unintended consequences of technological advances. The student is expected to:(A) describe how technology has affected individuals, societies, cultures, economies, and environments;(B) describe how the development and use of technology influenced past events;(C) describe how and why technology progresses; and(D) predict possible changes caused by the advances of technology.(5) The student thinks critically and applies fundamental principles of system modeling and design to multiple design projects. The student is expected to:(A) identify and describe an engineering design process needed for a project, including the design process and prototype development and initiating, planning, executing, monitoring and controlling, and closing a project;(B) identify the chemical, mechanical, and physical properties of engineering materials and identify testing methods associated with the materials;(C) use problem-solving techniques to develop technological solutions such as product, process, or system;(D) use consistent units for all measurements and computations; and(E) assess the risks and benefits of a design solution.(6) The student understands the opportunities and careers in fields related to robotics, process control, and automation systems. The student is expected to:(A) describe applications of robotics, process control, and automation systems;(B) apply design concepts to problems in robotics, process control, and automation systems;(C) identify fields and career opportunities related to robotics, process control, and automation systems; and(D) identify emerging trends in robotics, process control, and automation systems.(7) The student understands the opportunities and careers in fields related to electrical and mechanical systems. The student is expected to:(A) describe the applications of electrical and mechanical systems;(B) describe career opportunities in electrical and mechanical systems;(C) identify emerging trends in electrical and mechanical systems; and(D) describe and apply basic electronic theory.(8) The student collaborates as a team member while completing a comprehensive project. The student is expected to:(A) apply the design process, including decision matrices, as a team participant;(B) perform different roles within the project as a team member;(C) formulate decisions using collaborative strategies such as decision and design matrices and conflict resolution;(D) maintain an engineering notebook for the project;(E) develop and test the model for the project; and(F) demonstrate communication skills by preparing and presenting the project, including building consensus setback resolution and decision matrices.(9) The student demonstrates a knowledge of drafting by completing a series of drawings that can be published by various media. The student is expected to:(A) set up, create, and modify drawings;(B) store and retrieve geometry;(C) demonstrate and use appropriate line types in engineering drawings;(D) draw two-dimensional, single-view objects;(E) create multi-view working drawings using orthographic projection;(F) dimension objects using current American National Standards Institute (ANSI) standards;(G) draw single-line two-dimensional pictorial representations; and(H) create working drawings that include section views.(10) The student creates justifiable solutions to open-ended real-world problems using engineering design practices and processes. The student is expected to:(A) identify and define an engineering problem;(B) formulate goals, objectives, and requirements to solve an engineering problem;(C) determine the design parameters such as materials, personnel, resources, funding, manufacturability, feasibility, and time associated with an engineering problem;(D) establish and evaluate potential constraints, including health, safety, social, environmental, ethical, political, regulatory, and legal, pertaining to a problem;(E) identify or create alternative solutions to a problem using a variety of techniques such as brainstorming, reverse engineering, and researching engineered and natural solutions;(F) test and evaluate proposed solutions using engineering methods such as creating models, prototypes, mock-ups, or simulations or performing critical design review, statistical analysis, or experiments; (G) apply structured techniques such as a decision tree, design matrix, or cost-benefit analysis to select and justify a preferred solution to a problem;(H) predict performance, failure modes, and reliability of a design solution; and(I) prepare a project report that clearly documents the designs, decisions, and activities during each phase of the engineering design process.</content><note type="source"><p>Source Note: The provisions of this §127.391 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.392"><num value="127.392">§127.392</num><heading>AC/DC Electronics (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Applied Engineering. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) AC/DC Electronics focuses on the basic electricity principles of alternating current/direct current (AC/DC) circuits. Students will demonstrate knowledge and applications of circuits, electronic measurement, and electronic implementation. Through use of the design process, students will transfer academic skills to component designs in a project-based environment. Students will use a variety of computer hardware and software applications to complete assignments and projects. Additionally, students will explore career opportunities, employer expectations, and educational needs in the electronics industry. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates the skills necessary for success in a technical career. The student is expected to:(A) identify training, education, employment, and career opportunities, including differences between an electronic technician, electronic technologist, and electrical engineer;(B) investigate and work toward industry certifications;(C) discuss ethical issues related to electronics;(D) identify and demonstrate respect for diversity in the workplace;(E) identify and demonstrate appropriate actions and consequences relating to discrimination, harassment, and inequality;(F) explore career preparation learning experiences, including job shadowing, mentoring, and apprenticeship training; and(G) discuss Accreditation Board for Engineering and Technology (ABET) accreditation and implications.(2) The student participates in team projects in various roles. The student is expected to:(A) explain the importance of teamwork in the field of electronics;(B) apply principles of effective teamwork and problem solving, including collaboration and conflict resolution; and(C) demonstrate proper attitudes as a team leader and team member.(3) The student develops skills for managing a project. The student is expected to:(A) implement project management methodologies, including initiating, planning, executing, monitoring and controlling, and closing a project;(B) develop a project schedule and complete work according to established criteria;(C) participate in the organization and operation of a real or simulated engineering project; and(D) develop a plan for production of an individual product.(4) The student practices safe and proper work habits. The student is expected to:(A) master relevant safety tests;(B) comply with safety guidelines as described in various manuals, instructions, and regulations;(C) identify governmental and organizational regulations for health and safety in the workplace related to electronics;(D) identify and classify hazardous materials according to Occupational Safety and Health Administration (OSHA) regulations and industry standards;(E) dispose of hazardous materials appropriately;(F) perform maintenance on selected tools, equipment, and machines;(G) handle and store tools and materials correctly; and(H) describe the results of improper maintenance of material, tools, and equipment.(5) The student develops an understanding of basic direct current (DC) electricity principles. The student is expected to:(A) describe DC and give examples of its application and generation;(B) demonstrate an understanding of atomic theory and the relationship between atomic number and a material's conductivity and insulation characteristics;(C) identify and apply the proper use of electronic schematics and symbols, including switches, voltage, current, ground, resistors, fuses, circuit breakers, volt meters, and amp meters;(D) define and describe switches, voltage source, current source, ground, resistors, fuses, circuit breakers, volt meters, amp meters, voltage, current, and resistance;(E) identify the resistance value from the resistor color code;(F) express Ohm's Law in three forms with appropriate symbols and units;(G) express the Power Law in three forms with appropriate symbols and units;(H) describe series, parallel, and combination circuits;(I) apply Ohm's Law to calculate current, voltage drops, and resistance for each component in a multi-component series, parallel, and combination circuit;(J) apply the Power Law to calculate current, voltage drops, resistance, and power for each component in a multi-component series, parallel, and combination circuit; and(K) express current and resistance values in both scientific notation and engineering notation.(6) The student develops an understanding of basic alternating current (AC) electricity principles. The student is expected to:(A) describe AC and give examples of its application and generation;(B) calculate peak, peak-to-peak, average, and root mean square (RMS) voltage;(C) explain the relationship between mechanical load and current in a generator;(D) identify the purpose and application of a transformer; (E) identify voltage and current values relative to a turns ratio in a transformer;(F) describe and calculate capacitance and capacitive reactance; and(G) describe and calculate inductance and inductive reactance.(7) The student implements the concepts and skills that form the technical knowledge of electronics using project-based assessments. The student is expected to:(A) apply Ohm's law, Kirchhoff's laws, and power laws to actual or simulated circuits;(B) build series, parallel, and combination circuits;(C) demonstrate an understanding of magnetism and induction as they relate to electronic circuits;(D) perform electrical-electronic troubleshooting assignments; (E) identify actual electronic components, including resistors, capacitors, switches, fuses, power sources, and inductors;(F) explain how torque is produced in a motor; and(G) explain where counter electromotive force (CEMF) comes from in a motor.(8) The student applies the concepts and skills to simulated and actual work situations. The student is expected to:(A) measure and calculate resistance, current, voltage, and power in series, parallel, and complex circuits;(B) apply electrical theory to generators, electric motors, and transformers; and(C) design analog circuits using common components.(9) The student learns the function and application of the tools, equipment, and materials used in electronics through project-based assignments. The student is expected to:(A) use tools and laboratory equipment in a safe manner to construct and repair circuits;(B) use precision measuring instruments to analyze circuits and prototypes;(C) demonstrate an understanding of the difference between current and voltage measurement;(D) use a multimeter to perform resistance, voltage, and current measurements;(E) describe and perform measurements, including period and amplitude, using an oscilloscope;(F) use multiple software applications to simulate circuit behavior and present concepts; and(G) use a project notebook to record measured values, lab observations and results, circuit operational requirements, and circuit design and modifications.(10) The student designs a circuit using appropriate design processes and techniques. The student is expected to:(A) interpret industry standard circuit schematics;(B) identify areas where quality, reliability, and safety can be designed into a circuit;(C) improve a circuit design to meet a specified need;(D) sketch schematics; and(E) explore new technologies that may affect electronics.(11) The student builds a prototype circuit using the appropriate tools, materials, and techniques. The student is expected to:(A) identify and describe the steps needed to produce a prototype;(B) identify and use appropriate tools, equipment, machines, and materials to produce the prototype; and(C) present a final project using a variety of media.</content><note type="source"><p>Source Note: The provisions of this §127.392 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.393"><num value="127.393">§127.393</num><heading>Solid State Electronics (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: AC/DC Electronics. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) In Solid State Electronics, students will demonstrate knowledge and applications of advanced circuits, electrical measurement, and electrical implementation used in the electronics and computer industries. Students will transfer advanced academic skills to apply engineering principles and technical skills to troubleshoot, repair, and modify electronic components, equipment, and power electronic systems in a project-based environment. Additionally, students will explore career opportunities, employer expectations, and educational needs in the electronics industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates the skills necessary for success in a technical career. The student is expected to:(A) identify training, education, employment, and career opportunities, including differences between an electronic technician, electronic technologist, and electrical engineer;(B) identify employment and career opportunities;(C) identify industry certifications;(D) discuss ethical issues related to electronics and incorporate proper ethics in submitted projects;(E) identify and demonstrate respect for diversity in the workplace;(F) identify appropriate actions and consequences relating to discrimination, harassment, and inequality;(G) explore electronics career and preparation programs;(H) explore career preparation learning experiences, including, but not limited to, job shadowing, mentoring, and apprenticeship training; and(I) discuss Accreditation Board for Engineering and Technology (ABET) accreditation and implications.(2) The student participates in team projects in various roles. The student is expected to:(A) explain the importance of teamwork in the field of electronics;(B) apply principles of effective teamwork and problem solving, including collaboration and conflict resolution; and(C) demonstrate proper attitudes as a team leader and team member.(3) The student develops skills for managing a project. The student is expected to:(A) implement project management methodologies, including initiating, planning, executing, monitoring and controlling, and closing a project;(B) develop a project schedule and complete work according to established criteria;(C) participate in the organization and operation of a real or simulated engineering project; and(D) develop a plan for production of an individual product.(4) The student demonstrates principles of project documentation and work flow. The student is expected to:(A) complete work orders and related documentation;(B) identify factors affecting cost and strategies to minimize costs;(C) prepare a project budget;(D) prepare a production schedule;(E) identify intellectual property and other legal restrictions; and(F) read and interpret technical drawings, manuals, and bulletins.(5) The student practices safe and proper work habits. The student is expected to:(A) master relevant safety tests;(B) comply with safety guidelines as described in various manuals, instructions, and regulations;(C) identify governmental and organizational regulations for health and safety in the workplace related to electronics;(D) identify and classify hazardous materials and wastes according to Occupational Safety and Health Administration (OSHA) regulations and industry standards;(E) dispose of hazardous materials and wastes appropriately; (F) perform maintenance on selected tools, equipment, and machines;(G) handle and store tools and materials correctly; and(H) describe the results of negligent or improper maintenance of material, tools, and equipment.(6) The student implements the concepts and skills that form advanced knowledge of electronics using project-based rubrics. The student is expected to:(A) apply Ohm's law, Kirchhoff's laws, and power laws to advanced circuit theory;(B) demonstrate advanced knowledge of the theory of direct current, alternating current, digital circuits, and semi-conductor circuits through Thevenin and Norton's theorems;(C) apply knowledge of voltage regulation devices;(D) apply knowledge of the design and use of diodes, transistors, and analog components with integrated circuits;(E) implement knowledge of solid-state components and devices such as a power supply design;(F) demonstrate knowledge of the similarities and differences in optoelectronic devices;(G) implement knowledge of transmission theory;(H) implement knowledge of microprocessor applications;(I) apply electronic theory to generators, electric motors, power supplies, electronic amplifiers, electronic oscillators, communication circuits, and systems; and(J) complete advanced electrical-electronic troubleshooting assignments to industry standards.(7) The student learns the function and application of the tools, equipment, and materials used in electronics through specific project-based assessments. The student is expected to:(A) use tools and laboratory equipment in a safe manner to construct and repair circuits;(B) use precision measuring instruments to analyze circuits and prototypes;(C) describe and perform measurement techniques with analog, digital, or storage oscilloscopes;(D) use multiple software applications to simulate circuit behavior and present concepts; and(E) identify and describe the functions of computer hardware devices.(8) The student designs products using appropriate design processes and techniques. The student is expected to:(A) interpret advanced industry standard schematics;(B) identify areas where quality, reliability, and safety can be designed into a product;(C) improve a product design to meet a specified need;(D) produce advanced schematics to industry standards;(E) discuss the process of obtaining a patent;(F) use a variety of technologies to design components such as computer simulation software; and(G) explore innovative technologies that may affect electronics.(9) The student builds a simulated or physical prototype using the appropriate tools, materials, and techniques. The student is expected to:(A) identify and describe the steps needed to produce a prototype;(B) identify and use appropriate tools, equipment, machines, and materials to produce the prototype; and(C) present the prototype using a variety of media to a panel.</content><note type="source"><p>Source Note: The provisions of this §127.393 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.394"><num value="127.394">§127.394</num><heading>Digital Electronics (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Algebra I and Geometry. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) Digital Electronics is the study of electronic circuits that are used to process and control digital signals. In contrast to analog electronics, where information is represented by a continuously varying voltage, digital signals are represented by two discreet voltages or logic levels. This distinction allows for greater signal speed and storage capabilities and has revolutionized the world of electronics. Digital electronics is the foundation of modern electronic devices such as cellular phones, digital audio players, laptop computers, digital cameras, and high-definition televisions. The primary focus of Digital Electronics is to expose students to the design process of combinational and sequential logic design, teamwork, communication methods, engineering standards, and technical documentation. (4) The mathematical process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student demonstrates the skills necessary for success in a technical career. The student is expected to:(A) distinguish the differences between an engineering technician, engineering technologist, and engineer;(B) identify employment and career opportunities;(C) identify industry certifications;(D) discuss ethical issues related to engineering and technology and incorporate proper ethics in submitted projects;(E) identify and demonstrate respect for diversity in the workplace;(F) identify and demonstrate appropriate actions and identify consequences relating to discrimination, harassment, and inequality;(G) explore electronics engineering careers and preparation programs;(H) explore career preparation learning experiences, including job shadowing, mentoring, and apprenticeship training; and(I) discuss Accreditation Board for Engineering and Technology (ABET) accreditation and implications.(3) The student participates in team projects in various roles. The student is expected to:(A) explain the importance of teamwork in the field of electronics;(B) apply principles of effective problem solving in teams to practice collaboration and conflict resolution; and(C) demonstrate proper attitudes as a team leader and team member.(4) The student develops skills for managing a project. The student is expected to:(A) implement project management methodologies, including initiating, planning, executing, monitoring and controlling, and closing a project;(B) develop a project schedule and complete work according to established criteria;(C) participate in the organization and operation of a real or simulated engineering project; and(D) develop a plan for production of an individual product.(5) The student practices safe and proper work habits. The student is expected to:(A) master relevant safety tests;(B) comply with safety guidelines as described in various manuals, instructions, and regulations;(C) identify governmental and organizational regulations for health and safety in the workplace related to electronics;(D) identify and classify hazardous materials and wastes according to Occupational Safety and Health Administration (OSHA) regulations;(E) dispose of hazardous materials and wastes appropriately; (F) perform maintenance on selected tools, equipment, and machines;(G) handle and store tools and materials correctly; and(H) describe the results of improper maintenance of material, tools, and equipment.(6) The student explores the fundamentals of analog and digital electronics. The student uses appropriate notation and understands the logic of circuit design and logic gates. The student is expected to:(A) use scientific notation, engineering notation, and Systems International (SI) notation to conveniently write very large or very small numbers frequently encountered when working with electronics;(B) describe the process of soldering and how it is used in the assembly of electronic components;(C) explain the different waveforms and distinctive characteristics of analog and digital signals;(D) identify the voltage levels of analog and digital signals;(E) determine whether a material is a conductor, an insulator, or a semiconductor based on its atomic structure;(F) analyze the three fundamental concepts of voltage, current, and resistance;(G) define circuit design software and explain its purpose;(H) identify the fundamental building block of sequential logic;(I) identify the components of a manufacturer's datasheet, including a logic gate's general description, connection diagram, and function table;(J) categorize integrated circuits by their underlying circuitry, scale of integration, and packaging style;(K) describe the advantages and disadvantages of the various sub-families of transistor-transistor logic (TTL) gates;(L) explain that a logic gate is depicted by its schematic symbol, logic expression, and truth table;(M) evaluate the different functions of input and output values of combinational and sequential logic;(N) explain combinational logic designs implemented with AND gates, OR gates, and INVERTER gates; and(O) identify the fundamental building block of sequential logic.(7) The student understands and uses multiple forms of AND-OR-Invert (AOI) logic. The student is expected to:(A) develop an understanding of the binary number system and its relationship to the decimal number system as an essential component in the combinational logic design process;(B) translate a set of design specifications into a truth table to describe the behavior of a combinational logic design by listing all possible input combinations and the desired output for each;(C) derive logic expressions from a given truth table;(D) demonstrate logic expressions in sum-of-products (SOP) form and products-of-sum (POS) form;(E) explain how all logic expressions, whether simplified or not, can be implemented using AND gates and INVERTER gates or OR gates and INVERTER gates; and(F) apply a formal design process to translate a set of design specifications into a functional combinational logic circuit.(8) The student understands, explains, and applies NAND and NOR Logic and understands the benefits of using universal gates. The student is expected to:(A) apply the Karnaugh Mapping graphical technique to simplify logic expressions containing two, three, and four variables;(B) define a "don't care" condition and explain its significance;(C) explain why NAND and NOR gates are considered universal gates;(D) demonstrate implementation of a combinational logic expression using only NAND gates or only NOR gates;(E) discuss the formal design process used for translating a set of design specifications into a functional combinational logic circuit implemented with NAND or NOR gates; and(F) explain why combinational logic designs implemented with NAND gates or NOR gates will typically require fewer integrated circuits (IC) than AOI equivalent implementations.(9) The student understands combinational logic systems, including seven-segment displays, Exclusive OR and Exclusive NOR gates, and multiplexer/de-multiplexer pairs. The student understands the relative value of various logic approaches. The student is expected to:(A) use seven-segment displays used to display the digits 0-9 as well as some alpha characters;(B) identify the two varieties of seven-segment displays;(C) describe the formal design process used for translating a set of design specifications into a functional combinational logic circuit;(D) develop an understanding of the hexadecimal and octal number systems and their relationships to the decimal number system;(E) explain the primary intended purpose of Exclusive OR (XOR) and Exclusive NOR (XNOR) gates;(F) describe how to accomplish the addition of two binary numbers of any bit length;(G) explain when multiplexer/de-multiplexer pairs are most frequently used;(H) explain the purpose of using de-multiplexers in electronic displays that use multiple seven-segment displays;(I) identify the most commonly used method for handling negative numbers in digital electronics;(J) discuss the use of programmable logic devices and explain designs for which they are best suited; and(K) compare and contrast circuits implemented with programmable logic devices with circuits implemented with discrete logic.(10) The student understands and describes multiple types of sequential logic and various uses of sequential logic. The student is expected to:(A) explain the capabilities of flip-flop and transparent latch logic devices;(B) discuss synchronous and asynchronous inputs of flip-flops and transparent latches;(C) explore the use of flip-flops, including designing single event detection circuits, data synchronizers, shift registers, and frequency dividers;(D) explain how asynchronous counters are characterized and how they can be implemented;(E) explore the use of the asynchronous counter method to implement up counters, down counters, and modulus counters;(F) explain how synchronous counters are characterized and how they can be implemented;(G) explore the use of the synchronous counter method to implement up counters, down counters, and modulus counters;(H) describe a state machine;(I) identify common everyday devices that machines are used to control such as elevator doors, traffic lights, and combinational or electronic locks; and(J) discuss various ways state machines can be implemented. (11) The student explores microcontrollers, specifically their usefulness in real-world applications. The student is expected to:(A) demonstrate an understanding of the use of flowcharts as graphical organizers by technicians, computer programmers, engineers, and other professionals and the benefits of various flowcharting techniques; (B) develop an understanding of basic programming skills, including variable declaration, loops, and debugging;(C) identify everyday products that use microcontrollers such as robots, garage door openers, traffic lights, and home thermostats; (D) describe a servo motor;(E) explore the way microcontrollers sense and respond to outside stimuli;(F) explain why digital devices are only relevant if they can interact with the real world;(G) explain the importance of digital control devices, including microcontrollers in controlling mechanical systems; and(H) demonstrate an understanding that realistic problem solving with a control system requires the ability to interface analog inputs and outputs with a digital device.</content><note type="source"><p>Source Note: The provisions of this §127.394 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.395"><num value="127.395">§127.395</num><heading>Robotics I (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Recommended prerequisite: Principles of Applied Engineering. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) In Robotics I, students will transfer academic skills to component designs in a project-based environment through implementation of the design process. Students will build prototypes or use simulation software to test their designs. Additionally, students will explore career opportunities, employer expectations, and educational needs in the robotic and automation industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates the skills necessary for success in a technical career. The student is expected to:(A) distinguish the differences among an engineering technician, engineering technologist, and engineer;(B) identify employment and career opportunities;(C) identify industry certifications;(D) discuss ethical issues related to engineering and technology and incorporate proper ethics in submitted projects;(E) identify and demonstrate respect for diversity in the workplace;(F) identify appropriate actions and consequences relating to discrimination, harassment, and inequality;(G) explore robotic engineering careers and preparation programs;(H) explore career preparation learning experiences, including job shadowing, mentoring, and apprenticeship training; and(I) discuss Accreditation Board for Engineering and Technology (ABET) accreditation and implications.(2) The student participates in team projects in various roles. The student is expected to:(A) explain the importance of teamwork in the field of robotics;(B) apply principles of effective problem solving in teams to collaboration and conflict resolution; and(C) demonstrate proper attitudes as a team leader and team member.(3) The student develops skills for managing a project. The student is expected to:(A) implement project management methodologies, including initiating, planning, executing, monitoring and controlling, and closing a project;(B) develop a project schedule and complete work according to established criteria;(C) participate in the organization and operation of a real or simulated engineering project; and(D) develop a plan for production of an individual product.(4) The student practices safe and proper work habits. The student is expected to:(A) master relevant safety tests;(B) comply with safety guidelines as described in various manuals, instructions, and regulations;(C) identify governmental and organizational regulations for health and safety in the workplace related to electronics;(D) identify and classify hazardous materials and wastes according to Occupational Safety and Health Administration (OSHA) regulations;(E) dispose of hazardous materials and wastes appropriately; (F) perform maintenance on selected tools, equipment, and machines;(G) handle and store tools and materials correctly; and(H) describe the results of improper maintenance of material, tools, and equipment.(5) The student develops the ability to use and maintain technological products, processes, and systems. The student is expected to:(A) demonstrate the use of computers to manipulate a robotic or automated system and associated subsystems;(B) maintain systems to ensure safe and proper function and precision operation;(C) describe feedback control loops used to provide information; and(D) describe types and functions of sensors used in robotic systems.(6) The student develops an understanding of engineering principles and fundamental physics. The student is expected to:(A) demonstrate knowledge of Newton's Laws as applied to robotics such as rotational dynamics, torque, weight, friction, and traction factors required for the operation of robotic systems;(B) demonstrate knowledge of motors, gears, gear ratios, and gear trains used in the robotic systems;(C) describe the application of the six simple machines to robotics;(D) describe the operation of direct current (DC) motors, including control, speed, and torque; and(E) describe the operation of servo motors, including control, angle, and torque.(7) The student develops an understanding of the characteristics and scope of manipulators, accumulators, and end effectors required for a robotic or automated system to function. The student is expected to:(A) describe the relationship between robotic arm construction and robot stability;(B) describe the relationship between torque and gear ratio to weight of payload in a robotic arm operation; and(C) demonstrate knowledge of linkages and gearing in end effectors used in a robotic arm system.(8) The student uses engineering design methodologies. The student is expected to:(A) demonstrate an understanding of and discuss the design process;(B) think critically, identify the system constraints, and make fact-based decisions;(C) apply testing and reiteration strategies to develop or improve a product;(D) apply decision-making strategies when developing solutions;(E) identify quality-control issues in engineering design and production;(F) describe perceptions of the quality of products and how they affect engineering decisions;(G) use an engineering notebook to document the project design process as a legal document; and(H) interpret industry standard system schematics.(9) The student learns the function and application of the tools, equipment, and materials used in robotic and automated systems through specific project-based assessments. The student is expected to:(A) use tools and laboratory equipment in a safe manner to construct and repair systems;(B) use precision measuring instruments to analyze systems and prototypes; and(C) use multiple software applications to simulate robot behavior and present concepts.(10) The student produces a product using the appropriate tools, materials, and techniques. The student is expected to:(A) identify and describe the steps needed to produce a prototype;(B) identify and use appropriate tools, equipment, machines, and materials to produce the prototype;(C) construct a robotic or automated system to perform specified operations using the design process;(D) test and evaluate the design in relation to pre-established requirements such as criteria and constraints;(E) refine the design of a robotic or automated system to ensure quality, efficiency, and manufacturability of the final product; and(F) present the final product using a variety of media.</content><note type="source"><p>Source Note: The provisions of this §127.395 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.396"><num value="127.396">§127.396</num><heading>Robotics II (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Robotics I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) In Robotics II, students will explore artificial intelligence and programming in the robotic and automation industry. Through implementation of the design process, students will transfer academic skills to component designs in a project-based environment. Students will build prototypes and use software to test their designs.(4) The mathematical process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student learns and contributes productively as an individual and as a member of a project team. The student is expected to:(A) demonstrate an understanding of and discuss how teams function;(B) apply teamwork to solve problems;(C) follow directions and decisions of responsible individuals of the project team;(D) participate in establishing team procedures and team norms; and(E) work cooperatively with others to set and accomplish goals in both competitive and non-competitive situations.(3) The student develops skills of project management. The student is expected to:(A) implement project management methodologies, including initiating, planning, executing, monitoring and controlling, and closing a project;(B) develop a project schedule and complete work according to established criteria;(C) participate in the organization and operation of a real or simulated engineering project; and(D) translate and employ a Project Management Plan for production of a product.(4) The student practices safe and proper work habits. The student is expected to:(A) master relevant safety tests;(B) comply with safety guidelines as described in various manuals, instructions, and regulations;(C) identify and classify hazardous materials and wastes according to Occupational Safety and Health Administration (OSHA) regulations;(D) dispose of hazardous materials and wastes appropriately; (E) comply with established guidelines for working in a lab environment;(F) handle and store tools and materials correctly;(G) employ established inventory control and organization procedures; and(H) describe the results of negligent or improper maintenance. (5) The student develops the ability to use and maintain technological products, processes, and systems. The student is expected to:(A) demonstrate the use of computers to manipulate a robotic or automated system and associated subsystems;(B) troubleshoot and maintain systems and subsystems to ensure safe and proper function and precision operation;(C) implement feedback control loops used to provide information; and(D) implement different types of sensors used in robotic or automated systems and their operations.(6) The student demonstrates an understanding of advanced mathematics and physics in robotic and automated systems. The student is expected to:(A) apply the concepts of acceleration and velocity as they relate to robotic and automated systems;(B) describe the term degrees of freedom and apply it to the design of joints used in robotic and automated systems;(C) describe angular momentum and integrate it in the design of robotic joint motion, stability, and mobility;(D) use the impulse-momentum theory in the design of robotic and automated systems;(E) explain translational, rotational, and oscillatory motion in the design of robotic and automated systems;(F) apply the operation of direct current (DC) motors, including control, speed, and torque;(G) apply the operation of servo motors, including control, angle, and torque;(H) interpret sensor feedback and calculate threshold values;(I) apply measurement and geometry to calculate robot navigation;(J) implement movement control using encoders; and(K) implement path planning using geometry and multiple sensor feedback.(7) The student creates a program to control a robotic or automated system. The student is expected to:(A) use coding languages and proper syntax;(B) use programming best practices for commenting and documentation;(C) describe how and why logic is used to control the flow of the program;(D) create a program flowchart and write the pseudocode for a program to perform an operation;(E) create algorithms for evaluating a condition and performing an appropriate action using decisions;(F) create algorithms that loop through a series of actions for a specified increment and for as long as a given condition exists;(G) create algorithms that evaluate sensor data as variables to provide feedback control;(H) use output commands and variables;(I) use selection programming structures such as jumps, loops, switch, and case; and(J) implement subroutines and functions.(8) The student develops an understanding of the characteristics and scope of manipulators, accumulators, and end effectors required for a robotic or automated system to function. The student is expected to:(A) demonstrate knowledge of robotic or automated system arm construction;(B) demonstrate an understanding and apply the concepts of torque, gear ratio, stability, and weight of payload in a robotic or automated system arm operation; and(C) demonstrate an understanding and apply the concepts of linkages and gearing in end effectors and their use in a robotic or an automated arm system.(9) The student uses engineering design methodologies. The student is expected to:(A) implement the design process;(B) demonstrate critical thinking, identify the system constraints, and make fact-based decisions;(C) apply formal testing and reiteration strategies to develop or improve a product;(D) apply and defend decision-making strategies when developing solutions;(E) identify and improve quality-control issues in engineering design and production;(F) apply Six Sigma to analyze the quality of products and how it affects engineering decisions;(G) use an engineering notebook to document the project design process as a legal document; and(H) create and interpret industry standard system schematics. (10) The student learns the function and application of the tools, equipment, and materials used in robotic and automated systems through specific project-based assessments. The student is expected to:(A) use and maintain tools and laboratory equipment in a safe manner to construct and repair systems;(B) use precision measuring instruments to analyze systems and prototypes;(C) implement a system to identify and track all components of the robotic or automated system and all elements involved with the operation, construction, and manipulative functions; and(D) use multiple software applications to simulate robot behavior and present concepts.(11) The student produces a product using the appropriate tools, materials, and techniques. The student is expected to:(A) use the design process to design a robotic or automated system that meets pre-established criteria and constraints;(B) identify and use appropriate tools, equipment, machines, and materials to produce the prototype;(C) implement sensors in the robotic or automated system;(D) construct the robotic or automated system;(E) use the design process to evaluate and formally test the design;(F) refine the design of the robotic or automated system to ensure quality, efficiency, and manufacturability of the final robotic or automated system; and(G) present the final product using a variety of media.</content><note type="source"><p>Source Note: The provisions of this §127.396 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.397"><num value="127.397">§127.397</num><heading>Engineering Science (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Algebra I, one credit in biology, and at least one credit in a course from the science, technology, engineering, and mathematics career cluster. Recommended prerequisites: Geometry, Integrated Physics and Chemistry (IPC), one credit in chemistry, or one credit in physics. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) Engineering Science is an engineering course designed to expose students to some of the major concepts and technologies that they will encounter in a postsecondary program of study in any engineering domain. Students will have an opportunity to investigate engineering and high-tech careers. In Engineering Science, students will employ science, technology, engineering, and mathematical concepts in the solution of real-world challenge situations. Students will develop problem-solving skills and apply their knowledge of research and design to create solutions to various challenges. Students will also learn how to document their work and communicate their solutions to their peers and members of the professional community.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as dial caliper, micrometer, protractor, compass, scale rulers, multimeter, and circuit components;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using spreadsheets, engineering notebooks, graphs, and charts;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a STEM field.(5) The student investigates engineering-related fields and career opportunities. The student is expected to:(A) differentiate between engineering and engineering technology;(B) compare the roles or job descriptions for career opportunities in the fields of pure science, engineering, and engineering technology;(C) identify and differentiate between the different engineering disciplines; and(D) demonstrate appropriate oral, written, and visual forms of technical communication.(6) The student demonstrates an understanding of design problems and works individually and as a member of a team to solve design problems. The student is expected to:(A) solve design problems individually and in a team;(B) create solutions to existing problems using a design process;(C) use a design brief to identify problem specifications and establish project constraints;(D) use communication to achieve a desired goal within a team; and(E) work as a member of a team to conduct research to develop a knowledge base, stimulate creative ideas, and make informed decisions.(7) The student understands mechanisms, including simple and compound machines, and performs calculations related to mechanical advantage, drive ratios, work, and power. The student is expected to:(A) explain the purpose and operation of components, including gears, sprockets, pulley systems, and simple machines;(B) explain how components, including gears, sprockets, pulley systems, and simple machines, make up mechanisms;(C) distinguish between the six simple machines and their attributes and components;(D) measure forces and distances related to a mechanism;(E) calculate work and power in mechanical systems;(F) determine experimentally the efficiency of mechanical systems; and(G) calculate mechanical advantage and drive ratios of mechanisms.(8) The student understands energy sources, energy conversion, and circuits and performs calculations related to work and power. The student is expected to:(A) identify and categorize energy sources as nonrenewable, renewable, or inexhaustible;(B) define and calculate work and power in electrical systems;(C) calculate and explain how power in a system converts energy from electrical to mechanical; and(D) define voltage, current, and resistance and calculate each quantity in series, parallel, and combination electrical circuits using Ohm's law.(9) The student understands system energy requirements and how energy sources can be combined to convert energy into useful forms. The student understands the relationships between material conductivity, resistance, and geometry in order to calculate energy transfer and determine power loss and efficiency. The student is expected to:(A) explain the purpose of energy management;(B) evaluate system energy requirements in order to select the proper energy source;(C) explain and design how multiple energy sources can be combined to convert energy into useful forms;(D) describe how hydrogen fuel cells create electricity and heat and how solar cells create electricity;(E) measure and analyze how thermal energy is transferred via convection, conduction, and radiation;(F) analyze how thermal energy transfer is affected by conduction, thermal resistance values, convection, and radiation; and(G) calculate resistance, efficiency, and power transfer in power transmission and distribution applications for various material properties.(10) The student understands the interaction of forces acting on a body and performs calculations related to structural design. The student is expected to:(A) illustrate, calculate, and experimentally measure all forces acting upon a given body;(B) locate the centroid of structural members mathematically or experimentally;(C) calculate moment of inertia of structural members;(D) define and calculate static equilibrium;(E) differentiate between scalar and vector quantities;(F) identify properties of a vector, including magnitude and direction;(G) calculate the X and Y components given a vector;(H) calculate moment forces given a specified axis;(I) calculate unknown forces using equations of equilibrium; and(J) calculate external and internal forces in a statically determinate truss using translational and rotational equilibrium equations. (11) The student understands material properties and the importance of choosing appropriate materials for design. The student is expected to:(A) conduct investigative non-destructive material property tests on selected common household products;(B) calculate and measure the weight, volume, mass, density, and surface area of selected common household products; and(C) identify the manufacturing processes used to create selected common household products.(12) The student uses material testing to determine a product's function and performance. The student is expected to:(A) use a design process and mathematical formulas to solve and document design problems;(B) obtain measurements of material samples such as length, width, height, and mass;(C) use material testing to determine a product's reliability, safety, and predictability in function;(D) identify and calculate test sample material properties using a stress-strain curve; and(E) identify and compare measurements and calculations of sample material properties such as elastic range, proportional limit, modulus of elasticity, elastic limit, resilience, yield point, plastic deformation, ultimate strength, failure, and ductility using stress-strain data points.(13) The student understands that control systems are designed to provide consentient process control and reliability and uses computer software to create flowcharts and control system operating programs. The student is expected to:(A) create detailed flowcharts using a computer software application;(B) create control system operating programs using computer software;(C) create system control programs that use flowchart logic;(D) select appropriate input and output devices based on the need of a technological system; and(E) judge between open- and closed-loop systems in order to select the most appropriate system for a given technological problem.(14) The student demonstrates an understanding of fluid power systems and calculates values in a variety of systems. The student is expected to:(A) identify and explain basic components and functions of fluid power devices;(B) differentiate between pneumatic and hydraulic systems and between hydrodynamic and hydrostatic systems;(C) use Pascal's Law to calculate values in a fluid power system;(D) distinguish between gauge pressure and absolute pressure and between temperature and absolute temperature;(E) calculate values in a pneumatic system using the ideal gas laws; and(F) calculate and experiment with flow rate, flow velocity, and mechanical advantage in a hydraulic system model.(15) The student demonstrates an understanding of statistics and applies the concepts to real-world engineering design problems. The student is expected to:(A) calculate and test the theoretical probability that an event will occur;(B) calculate the experimental frequency distribution of an event occurring;(C) apply the Bernoulli process to events that only have two distinct possible outcomes;(D) apply AND, OR, and NOT logic to solve complex probability scenarios;(E) apply Bayes's theorem to calculate the probability of multiple events occurring;(F) calculate the central tendencies of a data array, including mean, median, and mode;(G) calculate data variations, including range, standard deviation, and variance; and(H) create and explain a histogram to illustrate frequency distribution.(16) The student demonstrates an understanding of kinematics in one and two dimensions and applies the concepts to real-world engineering design problems. The student is expected to:(A) calculate distance, displacement, speed, velocity, and acceleration from data;(B) calculate experimentally the acceleration due to gravity given data from a free-fall device;(C) calculate the X and Y components of an object in projectile motion; and(D) determine and test the angle needed to launch a projectile a specific range given the projectile's initial velocity.</content><note type="source"><p>Source Note: The provisions of this §127.397 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.398"><num value="127.398">§127.398</num><heading>Engineering Mathematics (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Algebra II. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) Engineering Mathematics is a course where students solve and model design problems. Students will use a variety of mathematical methods and models to represent and analyze problems that represent a range of real-world engineering applications such as robotics, data acquisition, spatial applications, electrical measurement, manufacturing processes, materials engineering, mechanical drives, pneumatics, process control systems, quality control, and computer programming.(4) The mathematical process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student uses mathematically based hydraulics concepts to measure and find pump output, understand pressure versus cylinder force, and understand flow rate verses cylinder speed. The student is expected to:(A) explain how flow rate can be measured in gallons per minute and liters per minute;(B) calculate and record data using actual flow rates from a flow meter chart;(C) calculate, measure, and illustrate the force output and speed of an extending and retracting cylinder; and(D) determine and depict the stroke time of a cylinder in gallons per minute.(3) The student uses mathematical concepts of structure design to define and describe statics, acquire data, apply concepts of moments and bending stress, and apply concepts of truss design and analysis. The student is expected to:(A) calculate a resultant force;(B) apply the concept of equilibrium to force calculations; (C) calculate a force using a free-body diagram;(D) develop an application of strain gauges that determines mathematically and experimentally the force on a structural element;(E) calculate the magnitude of force applied to a rotational system;(F) apply the moment equilibrium equation to force calculations;(G) calculate, measure, and illustrate a bending moment on a beam;(H) determine and depict the bending stress in a beam;(I) calculate forces in truss using a six-step problem-solving method;(J) apply modulus of elasticity to the deflection of beams;(K) calculate a beam deflection for a given load;(L) determine and depict the critical load for buckling using Euler's formula; and(M) design and apply factors of safety to column and beam design.(4) The student understands the role of trigonometry in spatial applications. The student is expected to:(A) apply trigonometric ratios, including sine, cosine, and tangent, to spatial problems; and(B) determine the distance and height of remote objects using trigonometry.(5) The student understands the concepts of design processes with multi-view computer-aided drafting and design drawings for facilities layouts, precision part design, process design, injection mold design, and computer-aided manufacturing, as applied to processes using 3D printing, laser cutting, and computer numerical control. The student is expected to:(A) determine a dimension of an object given a scaled drawing having no dimensions;(B) compare and contrast the function of production time and production rate;(C) calculate and apply the proper cycle time and analyze machines required to meet a specified production rate;(D) demonstrate the calculation and application of output shaft speed and torque in a gear train;(E) create a method to determine the direction of a gear train's output shaft;(F) design a spur gear train given speed and torque requirements;(G) calculate and apply the proper spacing between the centers of gears in a gear train to a specified tolerance;(H) apply positional tolerances to assembled parts;(I) predict the production cost of a product given process information and a bill of materials;(J) apply the correct spindle speed for a computer-aided manufacturing device by calculation;(K) apply the correct feed rate for a computer-aided manufacturing device by using calculation;(L) calculate the pressure drop in an injection mold system;(M) design a gate size in an injection mold system using the gate width and depth formulas;(N) determine the size of a mold; and(O) create size runners for a multi-cavity mold.(6) The student calculates electronic quantities and uses electrical measuring instruments to experimentally test their calculations. The student is expected to:(A) apply common electronic formulas to solve problems;(B) use engineering notation to properly describe calculated and measured values;(C) compare and contrast the mathematical differences between a direct current and alternating current;(D) show the effect and give an application of an inductor in an alternating current circuit;(E) show the effect and give an application of a capacitor in an alternating current circuit;(F) create a resistive capacitive timing circuit in a time-delay circuit;(G) calculate the output voltage and current load of a transformer;(H) calculate the effective alternating current voltage root mean square given the peak alternating current voltage and the peak alternating current voltage given the root mean square value; and(I) calculate the cost of operating an electric motor.(7) The student applies mathematical principles of pneumatic pressure and flow to explain pressure versus cylinder force, apply and manipulate pneumatic speed control circuits, and describe maintenance of pneumatic equipment, centrifugal pump operation and characteristics, data acquisition systems, pump power, and pump system design. The student is expected to:(A) calculate the force output of a cylinder in retraction and extension;(B) explain how gage pressure and absolute pressure are different;(C) explain the individual gas laws and use the ideal gas law to solve problems;(D) convert air volumes at pressures to free air volumes;(E) compare dew point and relative humidity to explain their importance;(F) explain the importance of the two units of pump flow rate measurement;(G) convert between mass and volumetric flow rate;(H) differentiate between unit analysis such as converting units of pressure between English and SI units and dimensional analysis such as Force and Pressure;(I) convert between units of head and pressure;(J) explain the importance of total dynamic head in terms of suction and discharge head;(K) demonstrate the measurement of the total head of a centrifugal pump;(L) calculate Reynolds number and determine the type of fluid flow in a pipe, including laminar flow, transitional flow, and turbulent flow;(M) calculate friction head loss in a given pipe length using head loss tables or charts;(N) calculate total suction lift, total suction head, total discharge head, and the total dynamic head of a system for a given flow rate;(O) calculate hydraulic power;(P) calculate centrifugal pump brake horsepower given pump efficiency and hydraulic power;(Q) calculate the effect of impeller diameter and speed on the flow rate of a centrifugal pump and pump head;(R) predict the effect of impeller diameter on a pump head capacity curve; and(S) calculate net positive suction head.(8) The student applies mathematical principles of material engineering, including tensile strength analysis, data acquisition systems, compression testing and analysis, shear and hardness testing and analysis, and design evaluation. The student is expected to:(A) calculate stress, strain, and elongation using the modulus of elasticity for a material or model with a given set of data;(B) analyze and explain the importance of sensitivity in relation to material engineering;(C) analyze the operation of a data-acquisition application or program;(D) mathematically analyze a part for stress and strain under a compression load;(E) calculate shear stress for a material with a given set of data;(F) use the Brinell hardness number to determine the ultimate tensile strength of a material;(G) apply factors of safety to material engineering designs; and(H) create material testing conditions for a model using equipment such as a polariscope.(9) The student applies mathematical principles for mechanical drives, including levers, linkages, cams, turnbuckles, pulley systems, gear drives, key fasteners, v-belt drives, and chain drives. The student is expected to:(A) calculate the weight of an object for a given mass;(B) analyze and calculate torque for a given application using the proper units of measurement;(C) calculate the magnitude of force applied to a rotational system;(D) calculate the mechanical advantage of first-, second-, and third-class levers;(E) compare the advantages and disadvantages of the three classes of levers for different applications;(F) calculate and analyze the coefficient of friction in its proper units of measurement;(G) analyze and calculate mechanical advantage for simple machines using proper units of measurement;(H) calculate the mechanical advantage of gear drive systems;(I) compare and contrast at least two methods of loading a mechanical drive system;(J) calculate rotary mechanical power applied to an application;(K) analyze the mechanical efficiency of a given application; (L) demonstrate various examples of pitch and analyze its proper application;(M) calculate the shaft speed and torque of a belt drive and chain drive system; and(N) calculate sprocket ratio and analyze its importance to various applications.(10) The student applies mathematical principles of quality assurance, including using precision measurement tools, statistical process control, control chart operation, analysis of quality assurance control charts, geometric dimensioning and tolerancing, and location, orientation, and form tolerances. The student is expected to:(A) evaluate the readings of dial calipers and micrometers to make precise measurements;(B) use at least three measures of central tendency to analyze the quality of a product;(C) use a manually constructed histogram to analyze a given set of data;(D) construct and use a mean-value-and-range chart to determine if a process remains constant over a specified range of time;(E) examine the maximum and minimum limits of a dimension given its tolerance; and(F) use position tolerance to calculate the location of a hole.</content><note type="source"><p>Source Note: The provisions of this §127.398 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.399"><num value="127.399">§127.399</num><heading>Introduction to Computer-Aided Design and Drafting (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended Prerequisite: Principles of Applied Engineering, Principles of Architecture and Design, or Principles of Manufacturing. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) Introduction to Computer-Aided Design and Drafting (CADD) allows students to acquire knowledge and skills needed to use design software, including an introduction to CADD equipment and software selection and interfaces. Students gain skills in setting up a CADD workstation; upgrading a computer to run advanced CADD software; working with storage devices; storing, retrieving, backing-up, and sharing databases, file servers, and local area networks (LANs); and transferring drawing files over the internet.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates knowledge of the CADD software. The student is expected to:(A) describe computer-aided design, drafting, and CADD applications;(B) demonstrate how to start and exit CADD software without corrupting files;(C) use draw files;(D) save, close, and open saved files;(E) determine and specify drawing units and limits;(F) describe and use the Cartesian coordinate system;(G) use drawing snap and grid functions; and(H) demonstrate the use of dynamic input and the command line.(2) The student demonstrates the use of CADD tools for basic drawing and plotting. The student is expected to:(A) draw objects using the line tool;(B) draw circles, arcs, ellipses, and elliptical arcs;(C) draw polylines, rectangles, donuts, and filled circles;(D) draw true spline curves;(E) create drawing templates;(F) describe basic line conventions;(G) create and manage layers;(H) draw objects on separate layers;(I) print and plot drawings;(J) demonstrate organizational skills to influence the sequential process when creating drawings;(K) construct geometric figures of lines, splines, circles, and arcs;(L) create and edit text using appropriate style and size to annotate drawings;(M) use control accuracy enhancement tools for entity positioning methods such as snap and xyz;(N) use editing commands;(O) use viewing commands to perform zooming and panning;(P) plot drawings on media using layout and scale;(Q) use query commands to interrogate database for entity characteristics, distance, area, and status;(R) move, stretch, and offset objects;(S) create a radius between objects;(T) trim and extend objects;(U) break and join objects;(V) change object properties; and(W) create hatching and manipulate properties such as calculating the area of an enclosed shape.(3) The student demonstrates the use of CADD tools display and viewpoints. The student is expected to:(A) create multiple viewpoints in the drawing window;(B) select appropriate object snaps for various drawing tasks;(C) create orthographic drawings;(D) analyze challenges and identify solutions for design problems;(E) investigate the use of space, scale, and environmental features to create three-dimensional form or the illusion of depth and form;(F) prepare multi-view scaled drawings;(G) select proper drawing scale, views, and layout;(H) create drawings containing horizontal and vertical surfaces;(I) create drawings containing circles and arcs;(J) create removed details and conventional breaks using sectional drawing techniques;(K) create assembly drawings;(L) create detail drawings; and(M) create technical drawings and title blocks associated with the different CAD drawings.(4) The student demonstrates the use of software tools to properly create text within a CADD drawing. The student is expected to:(A) use proper text standards for technical drawings;(B) calculate drawing scale and text height using a scale ratio;(C) apply text styles to enhance readability of drawings;(D) demonstrate the use of tools to create multi-line text objects and single-line text;(E) edit existing text; and(F) create, insert, and modify tables.(5) The student demonstrates the use of CADD editing tools within drawings. The student is expected to:(A) draw chamfers and fillets;(B) use editing tools to modify existing drawings;(C) edit polylines and splines;(D) move and copy objects;(E) create mirror images and align objects; and(F) scale and array objects.(6) The student demonstrates the use of grips in drawings. The student is expected to:(A) apply grips to stretch, move, rotate, scale, mirror, and copy objects;(B) demonstrate the use of Quick Properties and the Properties palette to access CADD tools; and(C) create selections by using the Quick Select dialog box.(7) The student demonstrates the use of scale and dimension standards and practices. The student is expected to:(A) apply standard dimensioning rules;(B) draw scales and dimensions;(C) create, edit, and manage dimension styles;(D) add linear and angular dimensions to a drawing;(E) draw datum and chain dimensions;(F) dimension circles and arcs;(G) control the appearance of existing dimensions and dimension text; and(H) change dimension line spacing and alignment.(8) The student creates and demonstrates standard blocks using tool palettes. The student is expected to:(A) create and save text information blocks;(B) insert blocks into a drawing;(C) edit and update a block in a drawing;(D) create blocks as a drawing file;(E) construct and use a symbol library of blocks; and(F) purge unused items from a drawing.(9) The student prepares surface developments. The student is expected to:(A) prepare developments of prisms, cylinders, cones, and pyramids;(B) prepare developments of a transition piece; and(C) prepare drawings involving intersecting pieces.(10) The student designs and prepares basic architectural drawings. The student is expected to:(A) solve design problems to gain new perspectives;(B) apply critical-thinking and problem-solving skills to develop creative solutions for design problems;(C) draw a site plan;(D) draw a floor plan;(E) draw interior and exterior elevations;(F) draw a roof plan;(G) prepare door and window schedules;(H) draw wall sections;(I) draw a plot plan; and(J) draw an electrical and reflected ceiling plan.(11) The student designs and prepares a technical drawing. The student is expected to:(A) draw individual parts;(B) draw the closed assembly drawings per the parts; and(C) draw and explode the assembly with the parts list.</content><note type="source"><p>Source Note: The provisions of this §127.399 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.400"><num value="127.400">§127.400</num><heading>Intermediate Computer-Aided Design and Drafting (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Architectural Design I, Introduction to Computer-Aided Design and Drafting, or Engineering Design and Presentation. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) In Intermediate Computer-Aided Design and Drafting (CADD), students develop practices and techniques used in computer-aided drafting, emphasizing the development and use of prototype drawings, construction of pictorial drawings, construction of three-dimensional drawings, interfacing two-dimensional and three-dimensional environments, and extracting data. Basic rendering techniques will also be developed. Emphasis is placed on drawing set-up; creating and modifying geometry; storing and retrieving predefined shapes; placing, rotating, and scaling objects; adding text and dimensions; using layers and coordinating systems, as well as using input and output devices.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates an understanding of CADD terminology, tools, and symbols. The student is expected to:(A) apply the Cartesian Coordinate Systems to illustrate the application of Z coordinates;(B) describe the CADD menu structure;(C) differentiate between type-in commands, icons, and pulldown menus;(D) manipulate the standard draw commands;(E) demonstrate modifying commands;(F) explain the various modes of viewing drawings; and(G) define and modify dimension styles.(2) The student produces hand sketches to organize ideas and communicate design ideas. The student is expected to:(A) demonstrate the use of graphic descriptions;(B) develop skill in sketching or mark making to plan, execute, and construct two-dimensional images and three-dimensional models;(C) demonstrate methods of projection; and(D) use proper drafting techniques to convert sketches into an electronic drawing using CADD.(3) The student demonstrates an understanding of commands in a CADD system. The student is expected to:(A) operate CADD software;(B) demonstrate draw commands;(C) modify drawn objects in CADD software;(D) create two-dimensional and three-dimensional objects;(E) convert two-dimensional drawings to three-dimensional drawings;(F) convert three-dimensional drawings to two-dimensional drawings;(G) prepare text blocks in CADD software;(H) manipulate an external reference or file;(I) import files of different formats into CADD;(J) demonstrate the plot command in print or plot drawings; and(K) import and export data using attributes.(4) The student preforms computer-aided drafting functions. The student is expected to:(A) create text styles, text justification, and multi-line text;(B) create and use multi-leaders;(C) edit dimensions;(D) work with dimension styles;(E) crosshatch objects;(F) isolate and hide objects;(G) use selection set methods;(H) use rectangular, polar, and path arrays;(I) use rotation reference angles;(J) use elements of creativity and organizational principles to create visually coherent viewports and layouts;(K) create and manage layers and properties;(L) use page setup for plotting;(M) create, insert, and edit reusable content such as symbols and blocks;(N) use specific line types using the Standard Alphabet of Lines;(O) create fills and gradients; and(P) edit hatch patterns and fills.(5) The student creates drawings using the CADD software. The student is expected to:(A) translate hand sketches into CADD software;(B) create projected mechanical drawings;(C) create drawings with external references;(D) complete a three-dimensional parametric model;(E) organize a complex assembly, including an animated exploded assembly;(F) compare various methods of drawing solids;(G) construct a composite drawing using multiple drawings; (H) justify correct drawing methods;(I) draw lines, arcs, and circles to represent plans or mechanical assemblies;(J) create text styles, text justification, and multi-line text;(K) create and use multi-leaders;(L) edit dimensions, including dimension styles;(M) isolate and hide objects;(N) use selection set methods;(O) use elements of creativity and organizational principles to create visually coherent viewports and layouts;(P) create and manage layers;(Q) use page setup for plotting; and(R) prepare multi-view drawings, including sectional and auxiliary views.(6) The student creates electrical drawings. The student is expected to:(A) prepare schematic drawings;(B) prepare printed circuit board assembly drawing packages;(C) prepare connection drawings;(D) prepare interconnection drawings;(E) prepare wiring drawings;(F) prepare cable drawings and/or harness drawings;(G) prepare component drawings; and(H) prepare logic diagrams.(7) The student creates mechanical drawings. The student is expected to:(A) prepare fastener, cam, gear, spring, and bearing drawings;(B) prepare detail drawings;(C) prepare surface developments;(D) prepare welding drawings;(E) prepare bearing drawings;(F) prepare casting drawings;(G) prepare forging drawings;(H) prepare tool drawings;(I) prepare molding diagrams;(J) prepare stamping drawings;(K) prepare numerical-control drawings;(L) modify drawings to include material specifications and parts list; and(M) identify geometric tolerances and dimensioning of specific machined surfaces.(8) The student prepares CADD project designs. The student is expected to:(A) develop a floor plan depicting all elements of the building, including BIM (building information modeling);(B) render a site plan that depicts all elements of the site;(C) render exterior and interior elevations;(D) draw a specified roof type within a plan;(E) prepare door and window schedules;(F) draw a wall and building section;(G) draw an overall site plan;(H) draw a building plot plan;(I) review and revise plans throughout the design process to refine and achieve design objective;(J) demonstrate flexibility and adaptability throughout the design process; and(K) define a basic project materials list.</content><note type="source"><p>Source Note: The provisions of this §127.400 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.401"><num value="127.401">§127.401</num><heading>Physics For Engineering (One Credit), Adopted 2024</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: one credit of Algebra I and one credit of Chemistry, Physics, or Integrated Physics and Chemistry. Students must meet the 40% laboratory and fieldwork requirement. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician. (3) In Physics for Engineering, students conduct laboratory and field investigations, use scientific and engineering practices during investigations, and make informed decisions using critical thinking and scientific problem solving. Various systems are described in terms of space, time, energy, and matter. Students study topics, including laws of motion, conservation of energy, momentum, electricity, magnetism, thermodynamics, and characteristics and behavior of waves. Students apply physics concepts and perform laboratory experimentations for at least 40% of instructional time using safe practices.(4) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not scientifically testable.(5) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations, other organizations that foster leadership and career development in the profession such as student chapters of related professional associations, or practical, hands-on activities or experiences through which a learner interacts with industry professionals in a workplace, which may be an in-person, virtual, or simulated setting. Learners prepare for employment or advancement along a career pathway by completing purposeful tasks that develop academic, technical, and employability skills.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as ammeters, balances, ballistic carts or equivalent, batteries, calipers, Celsius thermometers, consumable chemicals, collision apparatus, computers and modeling software, constant velocity cars, data acquisition probes and software, discharge tubes with power supply (H, He, Ne, Ar), dynamics and force demonstration equipment, electroscopes, electrostatic generators, electrostatic kits, friction blocks, graphing technology, hand-held visual spectroscopes, hot plates, iron filings, laser pointers, light bulbs, macrometers, magnets, magnetic compasses, mass sets, metric rulers, meter sticks, models and diagrams, motion detectors, multimeters, optics bench, optics kit, optic lenses, pendulums, photogates, plane mirrors, polarized film, prisms, protractors, resistors, ripple tank with wave generators, rope or string, scientific calculators, simple machines, slinky springs, springs, spring scales, standard laboratory glassware, stopwatches, switches, tuning forks, timing devices, trajectory apparatus, voltmeters, wave motion ropes, wires, or other equipment and materials that will produce the same results;(E) collect quantitative data using the International System of Units (SI) and qualitative data as evidence;(F) organize quantitative and qualitative data using notebooks or engineering journals, bar charts, line graphs, scatter plots, data tables, equations, conceptual mathematical relationships, labeled drawings and diagrams, or graphic organizers such as Venn diagrams;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) assess and optimize experimental processes and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field in order to investigate STEM careers.(5) The student thinks critically and creatively to devise a system or process in applying fundamental engineering solutions needed for a project to meet desired needs and specifications within constraints. The student is expected to:(A) identify an engineering need through collaborative conversation or research;(B) develop a proposal to execute an engineering solution that includes performance metrics and constraints such as economics, resources, or safety;(C) analyze an implemented engineering solution and suggest changes to improve the engineering design or process; and(D) assess the risks or trade-offs and benefits of a design solution such as accessibility, aesthetics, codes, cost, functionality, ethical considerations, or sustainability.(6) The student uses the scientific and engineering practices to investigate physical concepts and phenomena. The student is expected to:(A) develop and test hypotheses that can be supported by observational evidence;(B) compare scientific concepts such as particle or wave behavior or the law of thermodynamics to describe physical phenomena; (C) design procedures to conduct an investigation;(D) perform accurate measurement techniques using precision instruments and proper techniques;(E) identify and quantify causes and effects of uncertainties in measured data;(F) analyze and interpret data using equations, tables, charts, and graphs to reveal potential patterns, trends, and sources of error; and(G) communicate conclusions supported through various methods such as laboratory reports, labeled drawings, graphic organizers, journals, summaries, oral reports, or technology-based reports.(7) The student demonstrates appropriate safety techniques in field and laboratory environments. The student is expected to:(A) locate and apply safety guidelines as described in various manuals, instructions, or regulations; and(B) identify hazardous materials and properly dispose of wastes.(8) The student describes and applies the laws governing motion in a variety of situations. The student is expected to:(A) generate and interpret relevant equations for one-dimensional motion using graphs and charts;(B) define scalar and vector quantities;(C) calculate displacement, distance, speed, velocity, average velocity, frames of reference, acceleration, and average acceleration using one-dimensional equations;(D) calculate displacement, velocity, average velocity, acceleration, and average acceleration within a frame of reference using graphical vector addition;(E) use graphs and charts to generate and interpret relevant equations for two-dimensional motion;(F) explain projectile and circular motion using two-dimensional equations or vectors and apply the concepts to an investigation such as testing a catapult or carousel;(G) explain Newton's first law of motion and apply the concepts of equilibrium and inertia to investigations using relevant real-world examples such as rockets, satellites, and automobile safety devices;(H) conduct investigations that include calculations and free body diagrams to observe the effect of forces on objects, including tension, friction, normal force, gravity, centripetal force, and applied force, using the relationship between force, mass, and acceleration as represented by Newton's second law of motion;(I) conduct or design investigations such as those that involve rockets, tug-of-war, or balloon cars to illustrate and analyze the simultaneous forces between two objects as represented in Newton's third law of motion using free body diagrams;(J) design a model based on Newton's law of universal gravitation between two or more objects to determine the relationships between force, their masses, and the distance between their centers;(K) design, evaluate, and refine a device that uses the concepts of impulse and conservation of momentum to minimize the net force on objects during collisions such as those that occur during vehicular accidents or sports activities or when a personal electronic device is dropped; and(L) describe and calculate the mechanical energy of the power generated within, the impulse applied to, and the momentum of a physical system.(9) The student describes the nature of forces in the physical world. The student is expected to:(A) use Coulomb's law to predict how the magnitude of the electric force between two objects depends on their charges and the distance between their centers;(B) build models such as generators, motors, and transformers that show how electric, magnetic, and electromagnetic forces and fields work in everyday life;(C) test a variety of materials to determine conductive or insulative properties based on their electric properties;(D) design, evaluate, and refine series and parallel circuits using schematics, digital resources, or materials such as switches, wires, resistors, lightbulbs, batteries, multimeters, voltmeters, and ammeters; and(E) construct series and parallel circuits and use Ohm's Law to calculate current, potential difference, resistance, and power of various real-world series and parallel circuits such as models of in-home wiring, automobile wiring, and simple electrical devices.(10) The student describes and applies the laws of the conservation of energy. The student is expected to:(A) describe the transformations among work, potential energy, and kinetic energy using the work-energy theorem;(B) calculate work, power, kinetic energy, and potential energy;(C) identify, describe, and give real-world examples of simple machines such as levers, pulleys, wheels axles, wedges, screws, and inclined planes;(D) calculate the mechanical advantage of simple machines; and(E) apply the laws of conservation of energy to a physical system using simple machines such as a Rube Goldberg machine.(11) The student analyzes the concept of thermal energy. The student is expected to:(A) explain the laws of thermodynamics and how they relate to systems such as engines, heat pumps, refrigeration, solar, and heating and air conditioning;(B) investigate and demonstrate the movement of thermal energy through various states of matter by convection, conduction, and radiation through environmental and man-made systems; and(C) design, construct, and test a device or system that either minimizes or maximizes thermal energy consumption and perform a cost-benefit analysis such as comparing materials and energy sources that are renewable and nonrenewable.(12) The student analyzes the properties of wave motion and optics. The student is expected to:(A) examine and describe oscillatory motion using pendulums and wave propagation in various types of media;(B) investigate and analyze characteristics of waves, including period, velocity, frequency, amplitude, and wavelength;(C) investigate and calculate the relationship between wave speed, frequency, and wavelength;(D) compare the characteristics and behaviors of transverse waves and longitudinal waves, including electromagnetic waves and sound waves;(E) describe how the differences in wavelength and frequency within the electromagnetic spectrum impact real-world technologies such as radio, x-rays, and microwaves;(F) investigate and explain behaviors of waves, including reflection, refraction, diffraction, interference, resonance, polarization, and the Doppler effect; and(G) describe and predict image formation as a consequence of reflection from a plane mirror and refraction through a thin convex lens.</content><note type="source"><p>Source Note: The provisions of this §127.401 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.402"><num value="127.402">§127.402</num><heading>Engineering Design Process (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Prerequisite: Algebra I. Recommended prerequisite: Principles of Applied Engineering. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Engineering Design Process is an engineering course applicable to all engineering fields. Students use an iterative engineering design process to solve problems, make decisions, and manage a project. Professional practices are addressed, including development of a problem statement, maintenance of documentation, use of an engineering notebook, research, project management, internal and external communication, and creation of technical drawings and prototypes. The student delivers a professional presentation detailing the experience of working through each step of the engineering design process.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student discusses ethics pertaining to engineering. The student is expected to identify and discuss the importance of professionalism, standards of conduct, and ethics as defined by the Texas Engineering Practice Act and rules concerning the practice of engineering and surveying.(2) The student understands there are different stages of the engineering design process and the importance of working through each stage as part of an iterative process. The student is expected to:(A) explain the importance of defining an engineering problem as an initial step in the engineering design process;(B) describe the research stage of the engineering design process;(C) define and discuss the roles of ideation and conceptualization in innovation and problem solving;(D) explain the criteria for selecting an idea or concept for detailed prototype design, development, and testing;(E) explain the purpose of non-technical drawings, technical drawings, models, and prototypes in designing a solution to an engineering problem;(F) describe the relevance of experimental design, conducting tests, collecting data, and analyzing data to evaluate potential solutions;(G) explain how the engineering design process is iterative and the role reflection plays in developing an optimized engineering solution; and(H) explain the purpose of effective communication throughout the entirety of the engineering design process to various audiences.(3) The student explores and develops skills to solve problems, make decisions, and manage a project. The student is expected to:(A) discuss strategies for managing time, setting deadlines, and prioritizing to accomplish goals;(B) identify constraints and describe the importance of planning around constraints, including budgets, resources, and materials;(C) define milestones and deliverables and explain the advantages of dividing a large project into smaller milestones and deliverables;(D) identify different types of communication and explain how different types of communication lead to successful teamwork on a shared project in a professional setting; and(E) identify strategies to solve problems and describe how problem solving is utilized to accomplish personal and team objectives. (4) The student understands the foundations of occupational safety and health. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health in the workplace and the rights of workers to a secure workplace;(B) explain the role industrial hygiene plays in occupational safety and explain various types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(C) identify and explain the appropriate use of types of personal protective equipment used in industry;(D) demonstrate safe practices for preventing or reducing slips, trips, and falls in the workplace;(E) describe types of risks of and control methods to prevent electrical hazards in the workplace; and(F) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and discuss how these resources are used to make decisions in the workplace.(5) The student understands the value of maintaining documentation using an engineering notebook. The student is expected to:(A) explain the purpose and legal value of maintaining an engineering notebook as intellectual property;(B) describe the proper implementation of an engineering notebook, including notebook type, documentation, signatures, adding external materials, sealing, and dating;(C) create and maintain an engineering notebook by recording ideas, notes, decisions, findings, deficiencies, and corrections throughout the entire design process; and(D) communicate progress during the engineering design process at regular intervals using various methods such as written reports, informal presentations, and formal presentations.(6) The student understands how to conduct research in the engineering design process. The student is expected to:(A) describe the advantages and disadvantages of emerging technologies and practices in the research process;(B) explain the importance of identifying and synthesizing information from a variety of sources in the research process;(C) explain the ethical acquisition and use of digital information;(D) demonstrate use and citation of source material ethically and appropriately;(E) define and discuss intellectual property laws such as patent, copyright, and trade secret law and their role in protecting proprietary information in the research process; and(F) identify limitations in information and research such as outdated, conflicting, proprietary, or limited access.(7) The student understands the process of creating and refining a problem statement in the engineering design process. The student is expected to:(A) explain the essential components of a problem statement such as who the problem affects, when it is a problem, where the problem happens, and the magnitude of the problem;(B) describe different methods for creating and refining a problem statement such as questioning, observation, and client needs;(C) create a problem statement that is concise, specific, and measurable;(D) collect, analyze, and interpret information relevant to a problem statement;(E) modify a problem statement based on information acquired from using processes or various analysis tools such as fishbone charts, root-cause analysis, 80-20 rule, heat maps, survey results, and end-user input;(F) explain the purpose of a technical document such as a design brief or design basis that compiles the objectives, constraints, data, alternatives, and design solutions in the engineering design process; and(G) compile a technical document that includes a problem statement, constraints, resources, budget, timeline, deliverables, and solution criteria such as quality, risk, and extent to which problem is solved.(8) The student understands the importance of conceptualizing a solution in the engineering design process. The student is expected to:(A) discuss the importance of creativity in engineering, innovation, and problem solving;(B) explain and use various techniques for idea generation such as brainstorming, mapping, storyboarding, sketching, questioning, reverse engineering, and natural solutions to create solution concepts;(C) explain the similarities and differences between designing a solution in the classroom versus designing a solution in the real world;(D) analyze and evaluate solutions using established criteria such as structured techniques, design matrix, or cost-benefit analysis;(E) explain the importance of capturing client feedback to refine solution concepts; and(F) explain and use various techniques for gathering end-user input such as focus groups, interviews, and surveys to refine solution concepts.(9) The student creates technical drawings in the engineering design process. The student is expected to:(A) explain the role of freehand sketching, freehand modeling, technical drawing, and technical modeling in the development of a prototype or solution;(B) create nontechnical representations such as sketches, drawings, or models of a solution with relevant annotations;(C) develop a technical model of the solution using a nontechnical representation of a solution; and(D) create technical drawings, including single-view projections, multi-view projections, and orthographic views, using industry standards.(10) The student creates prototypes in the engineering design process. The student is expected to:(A) identify different types of prototypes and explain the role of a prototype in the development of a solution;(B) identify and describe the steps needed to produce a prototype;(C) identify and use appropriate tools, equipment, machines, and materials to produce a prototype; and(D) present a prototype using presentation software.(11) The student tests and evaluates a prototype or solution using experiments, data, and end-user feedback. The student is expected to:(A) explain the purpose of conducting tests on a prototype or solution;(B) design appropriate protocols for testing a prototype or solution;(C) analyze, evaluate, and critique a prototype or solution by using observational testing, experimental testing, empirical evidence, and statistical analysis;(D) collect end-user feedback using appropriate protocols such as focus groups, interviews, and surveys to evaluate a prototype or solution; and(E) identify the successes and failures of a prototype or solution based on the criteria established in the testing protocols and technical document to determine next steps in the engineering design process.(12) The student understands the iterative nature of the engineering design process to develop a solution. The student is expected to:(A) analyze design flaws of a prototype or solution using various tools such as fishbone charts, root-cause analysis, 80-20 rule, heat maps, survey results, and end-user feedback;(B) iterate steps of the design process, as necessary, to improve and optimize a solution; and(C) evaluate the potential impact of a solution on the original problem identified during the design process.(13) The student prepares and delivers a professional presentation detailing the experience of working through each step of the engineering design process to create a viable solution. The student is expected to:(A) prepare and deliver a presentation detailing the experience of working through each step of the engineering design process to create a viable solution;(B) solicit and evaluate feedback on implementation of the design process and the presentation; and(C) present learning experiences such as essential skills gained, areas of personal growth, and challenges encountered throughout the design process.</content><note type="source"><p>Source Note: The provisions of this §127.402 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.403"><num value="127.403">§127.403</num><heading>Programming for Engineers (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Prerequisite: Algebra I and Principles of Applied Engineering, Physics for Engineering, Introduction to Computer-Aided Design and Drafting, or Introduction to Engineering Design. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Programming for Engineers focus on understanding, writing, evaluating, and troubleshooting code to solve engineering problems. Students use the engineering process and computational thinking to write computer programs for real-world solutions. Students explore autonomous systems, sensors, and careers to integrate computational thinking within their engineering mindset. Students spend at least 40% of the instructional time completing hands-on, real-world projects.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how stakeholders impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(3) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule and influence and are influenced by an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(4) Computational thinking--foundations. The student explores the core concepts of computational thinking related to engineering solutions, a set of problem-solving processes that involve decomposition, pattern recognition, abstraction, and algorithms. The student is expected to:(A) decompose real-world engineering problems into structured parts by using visual representation;(B) analyze and use industry-specific symbols, patterns, and sequences found in visual representations such as flow-charts, pseudocode, concept maps, or other representations of data;(C) define and practice abstraction in the context of writing a program to solve an engineering problem;(D) design a plan using visual representation to document a problem, possible solutions, and an expected timeline for the development of a coded engineering solution;(E) analyze different techniques used in debugging and apply them to an algorithm;(F) analyze the benefits of using iteration such as code and sequence repetition in algorithms, including loops and functions; (G) define and analyze Boolean expressions;(H) define and analyze conditional statements;(I) write code that uses conditional statements such as (if), (then), (while), and (else);(J) compare the differences between scripting and programming languages such as interpretation versus compiling; and(K) identify and demonstrate when to use a compiler and editor for programming design.(5) Computational thinking--applications. The student applies the fundamentals of programming within the context of engineering. The student is expected to:(A) analyze how programming parallels iterative design within the engineering design process such as problem solving and critical thinking illustrated in an engineering notebook;(B) modify previously written code and implement the modified code to develop improved programs;(C) solve an engineering problem by creating block-based or text-based programs that include sequences, functions, loops, conditionals, and events;(D) identify and label variables that relate to a program or algorithm;(E) manipulate and rename variables and describe different data types;(F) write comments while coding programs for engineering solutions to enhance readability and functionality such as descriptive identifiers, internal comments, white space, spacing, punctuation, indentation, and standardized programming style;(G) write code that uses comparison operators such as greater than, less than, equal to, and modulus to perform mathematical computations;(H) write code that uses strings to sort different data types such as Boolean operators, floats, and integers; and(I) perform user testing on code to assess and improve a program.(6) The student understands physical computing systems to integrate input and output functions in engineering concepts. The student is expected to:(A) write programming to process data and control physical devices for efficient and optimized solutions;(B) apply coding to demonstrate the correct operation of the output device such as motors, video displays, speakers, rapid prototype machines, and lights;(C) apply coding to demonstrate the correct operation of the input device such as buttons, sensors, and switches;(D) apply critical problem-solving skills to troubleshoot any errors and miscommunication such as wiring, code, and physical hardware;(E) apply basic circuit theory as it pertains to ground and power systems for diagramming input and output devices and use tools such as a multimeters, microcontrollers, sensors, and LEDs; and(F) use script writing to develop engineering solutions such as automatic data collecting, data analysis, programmable logic controllers, power system programming, robotics, and scripting for commercial engineering related software.(7) The student understands the roles of sensors and programming sensors in engineering. The student is expected to:(A) describe how sensors were used in the past and are used currently in real-world engineered products, including innovative applications for sensors;(B) identify the proper input sensors to measure light, distance, sound, and color such as photoresistors, thermistors, sonar, switches, and buttons;(C) identify the specifications of sensors and other input devices used in engineering problems, including units of measurement, upper limits, lower limits, and errors;(D) select the proper sensor and defend the choice in developing a solution to an engineering problem;(E) write code that will control sensors and accurately collect relevant information pertaining to the function of sensors;(F) debug, asses, and test code to evaluate and improve sensor performance; and(G) document the steps of sensor integration in an engineering notebook using flowcharts or technical drawings.(8) The student understands how automation plays a role in engineering and manufacturing. The student is excepted to:(A) research and explain how automated machines are used in engineering and manufacturing;(B) research and explain different job roles and required level of education in the field of automation;(C) compare the roles of engineers, technicians, and technologists in automation;(D) describe the role of safety and ethics related to the use of automation within engineering; and(E) convert a manual mechanical system to an automated system using code and hardware.(9) The student uses appropriate tools and demonstrates safe work habits. The student is expected to:(A) demonstrate lab safety as prescribed by the instructor in compliance with local, state, and federal regulations;(B) recognize the classification of hazardous materials and wastes;(C) dispose of hazardous materials and wastes appropriately; (D) describe the implications of negligent or improper maintenance of tools in engineering solutions;(E) demonstrate the use of precision measuring instruments; (F) analyze a circuit design and identify specific areas where quality, reliability, and safety features can be implemented; and(G) identify governmental and organizational regulations for health and safety in the workplace related to electronics.</content><note type="source"><p>Source Note: The provisions of this §127.403 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.404"><num value="127.404">§127.404</num><heading>Engineering Design and Presentation (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Algebra I and at least one credit in a course from the Engineering Career Cluster. Recommended prerequisite: Principles of Applied Engineering. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Engineering Design and Presentation demonstrate knowledge and skills of the design process as it applies to engineering fields and project management using multiple software applications and tools necessary to produce and present working drawings, solid model renderings, and prototypes. Through implementation of the design process, students transfer advanced academic skills to component designs. Additionally, students explore career opportunities in engineering, technology, and drafting and learn what is required to gain and maintain employment in these areas.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how stakeholders impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(3) The student understands the value of maintaining documentation using an engineering notebook. The student is expected to:(A) explain the legal value of maintaining an engineering notebook as intellectual property;(B) describe the proper implementation of an engineering notebook, including notebook type, documentation, signatures, adding external materials, sealing, and dating; and(C) create and maintain an engineering notebook by recording ideas, notes, decisions, findings, and corrections.(4) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule and influence an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(5) The student gains knowledge of and demonstrates the skills necessary for success in the engineering workplace. The student is expected to:(A) describe and compare the roles of an industry technician, engineering technologist, and engineer;(B) identify educational requirements and career opportunities for engineers, engineering technologists, and industry technicians;(C) research and describe various engineering disciplines such as mechanical, civil, aerospace, biomedical, chemical civil, computer, electrical, petroleum, and other related and emerging fields;(D) investigate and describe the requirements of engineering licensure and industry-based certifications;(E) investigate and describe elements of teamwork critical for success in the engineering and technology industries such as communication, active listening, and time management;(F) research and describe industry standards and governmental regulations such as health and safety and environmental regulations applicable to a design problem; and(G) analyze and discuss ethical issues related to engineering and technology.(6) The student understands the roles and responsibilities of individual team members, how successful teams function, and how to constructively contribute to the team. The student is expected to:(A) describe the various roles and responsibilities of a project team;(B) identify the strengths of individual team members to assign roles and distribute tasks within a team; and(C) describe and demonstrate appropriate behaviors such as active listening and clear communication while serving as a team leader and member on projects.(7) The student practices safe and proper work habits. The student is expected to:(A) identify and explain the appropriate use of types of personal protective equipment used in industry;(B) explain and comply with safety guidelines and procedures as described in relevant manuals, instructions, and regulations;(C) discuss the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(D) describe the various types of electrical hazards in the workplace and the risks associated with electrical hazards;(E) describe the various control methods to prevent electrical hazards in the workplace;(F) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and explain how emergency plans and Safety Data Sheets are used to make decisions in the workplace;(G) describe the appropriate disposal of selected hazardous materials and wastes;(H) perform routine maintenance on selected tools, equipment, and machines;(I) demonstrate proper handling, use, and storage of tools and materials; and(J) research and describe the consequences of negligent or improper equipment maintenance.(8) The student understands how visual and spatial reasoning applies to engineering design. The student is expected to:(A) describe and compare characteristics and dimensional changes of two-dimensional (2D) and three-dimensional (3D) figures;(B) draw and manipulate geometric shapes in three dimensions; (C) create 2D views of a 3D object; and(D) explain the symmetry of figures through the proportionate transformation of objects.(9) The student uses sketching and computer-aided design and drafting (CADD) to represent 3D objects in a 2D format needed for manufacturing an object. The student is expected to:(A) use single and multi-view projections to represent 3D objects in a 2D format;(B) use appropriate line types in engineering drawings to represent 3D objects in a 2D format;(C) use orthographic and pictorial views to represent 3D objects in a 2D format;(D) use auxiliary views to represent 3D objects in a 2D format;(E) use section views to represent 3D objects in a 2D format;(F) prepare and revise annotated multi-dimensional production drawings in computer-aided design and drafting to industry standards;(G) apply best practices for file structure and management to efficiently retrieve and edit files;(H) use advanced dimensioning techniques, including annotation scale; and(I) construct and use CADD drawings to develop a model or prototype for presentation.(10) The student designs products using appropriate engineering design processes and techniques. The student is expected to:(A) design product components using a variety of technologies; (B) research and analyze the applications of different types of CADD software for various engineering problems;(C) create and interpret engineering drawings using industry standards;(D) describe how quality, reliability, and safety can be designed into specific products;(E) identify specific requirements of users with special needs and modify a product design to accommodate users with special needs;(F) research and explain the patenting process and analyze opportunities for potential patents related to a project; and(G) use multiple software applications for concept presentations.(11) The student builds a prototype(s) using the appropriate tools, materials, and techniques. The student is expected to:(A) identify and describe the steps needed to produce a prototype;(B) identify and use appropriate tools, equipment, machines, and materials to produce the prototype;(C) present the prototype and explain how the prototype meets the project requirements; and(D) evaluate the successes and failures of the prototype(s) in the context of an iterative design process.(12) The student creates justifiable solutions to open-ended real-world problems using engineering design practices and processes. The student is expected to:(A) identify and define an engineering problem;(B) formulate goals, objectives, and requirements to solve an engineering problem;(C) investigate and select appropriate materials for a particular product to be designed;(D) explain the importance of manufacturability and maintainability when designing a product;(E) determine design constraints such as personnel, resources, funding, feasibility, and time associated with an engineering problem;(F) identify requirements, including health, safety, social, environmental, ethical, regulatory, and legal constraints, defining an engineering problem;(G) identify alternative solutions to a problem using a variety of techniques such as brainstorming, reverse engineering, and researching engineered and natural solutions;(H) test and evaluate proposed solutions using engineering practices such as experiments, simulations, statistical analysis, and critical design review; and(I) select and justify a preferred solution to a problem using structured techniques such as a decision tree, design matrix, or cost-benefit analysis.(13) The student presents a solution derived through the engineering design process. The student is expected to:(A) present the solution in a professional manner;(B) solicit and evaluate feedback on the solution and presentation; and(C) present learning experiences, including essential skills gained, areas of personal growth, challenges, and solutions, encountered throughout the design process.</content><note type="source"><p>Source Note: The provisions of this §127.404 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.405"><num value="127.405">§127.405</num><heading>Advanced Engineering Design and Presentation (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Algebra I, Geometry, and Engineering Design and Presentation. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Advanced Engineering Design and Presentation is a continuation of knowledge and skills learned in Engineering Design and Presentation. Students enrolled in this course demonstrate advanced knowledge and skills of a system design process as it applies to engineering fields and project management using multiple software applications and tools necessary to produce and present working drawings, solid model renderings, and prototypes. Students expand on the use of a variety of computer hardware and software applications to complete assignments and projects. Through implementation of a system design process, students transfer advanced academic skills to component designs and engineering systems. Emphasis is placed on transdisciplinary and integrative approaches using skills from ideation, prototyping, and project management methods.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how interested parties impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(3) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule, influence an engineering design, and are influenced by an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(4) The student practices safe and proper work habits. The student is expected to:(A) identify and explain the appropriate use of types of personal protective equipment used in industry;(B) explain and comply with safety guidelines and procedures as described in relevant manuals, instructions, and regulations;(C) explain the importance of lock out tag out (LOTO) procedures in preventing the release of hazardous energy;(D) explain the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(E) describe the various types of electrical hazards in the workplace and the risks associated with electrical hazards;(F) describe the various control methods to prevent electrical hazards in the workplace;(G) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and explain how health and safety resources are used to make decisions in the workplace;(H) describe the appropriate disposal of selected hazardous materials and wastes;(I) perform routine maintenance on selected tools, equipment, and machines;(J) handle, use, and store tools and materials correctly; and(K) research and describe the consequences of negligent or improper equipment maintenance.(5) The student demonstrates the roles and responsibilities of individual team members, how successful teams function, and how to constructively contribute to the team. The student is expected to:(A) demonstrate the various roles and responsibilities of a project team;(B) create a plan to improve team member's skillsets based on strengths of individual team members;(C) demonstrate appropriate behaviors of a successful team such as active listening, development of consensus, and clear communication while serving as a team leader and member on projects; and(D) describe and demonstrate the roles and responsibilities specific to team leaders such as assigning roles and responsibilities, facilitating decision making, tracking progress, and soliciting and providing timely feedback to team members.(6) The student uses and documents engineering design processes. The student is expected to:(A) use idea generation techniques such as brainstorming, sketching, rapid prototyping, and mind mapping during conceptual stages and for resolving problems of an engineering project;(B) analyze and evaluate solution constraints;(C) develop or improve a solution using evidence-based decision-making;(D) compare solutions using analysis tools such as a decision matrix or paired comparison analysis;(E) create and maintain an organized engineering notebook to record findings and corrections, including deficiencies in the design process and decisions throughout the entire design process; and(F) develop an engineering notebook or portfolio to record and justify the final design, construction, and manipulation of finished projects.(7) The student understands how systems impact the design, integration, and management of engineering solutions. The student is expected to:(A) analyze and document systems such as electrical, mechanical, or information processes within a product or design concept in engineering;(B) explain ethical reverse engineering;(C) reverse engineer a multi-system product and explain how the systems work together; and(D) modify a system design to meet a newly identified need or to improve performance.(8) The student demonstrates proficiency using computer-aided design and drafting (CADD) software as part of the engineering design process. The student is expected to:(A) research and explain the features and benefits of different types of CADD software applications for use in design systems and problem solving;(B) identify and describe industry graphic standards such as American National Standards Institute (ANSI) and International Organization for Standardization (ISO) standards;(C) create drawings that meet industry standards using CADD software;(D) customize CADD software user interface options such as buttons, tabs, and ribbons to match different digital work environments;(E) prepare and use advanced views such as auxiliary, section, and break-away using CADD software;(F) draw detailed parts, assembly diagrams, and sub-assembly diagrams using CADD software;(G) indicate tolerances and standard fittings using appropriate library functions within CADD software;(H) setup and apply annotation styles by defining fonts, dimension styles, and leader lines using CADD software;(I) identify and incorporate the use of advanced layout techniques and viewports using paper-space and modeling areas using CADD software;(J) create and use layers to organize objects in drawings using CADD software;(K) create and use custom templates using CADD software for advanced project management;(L) use advanced polar tracking and blocking techniques using CADD software to increase drawing efficiency;(M) create drawings that incorporate external referencing using CADD software;(N) create and render objects using parametric modeling tools within CADD software; and(O) model individual parts or assemblies and produce rendered or animated output using CADD software.(9) The student builds a prototype using the appropriate tools, materials, and techniques. The student is expected to:(A) delineate and implement the steps such as defining the problem and generating concepts needed to produce a prototype;(B) develop a prototype safely using tools, equipment, machines, or precision measuring instruments;(C) select and justify the use of materials for prototyping and manufacturing;(D) describe how design quality concepts, including performance, usability, accessibility, reliability, and safe use, affect prototype development;(E) document quality-control requirements in the design and production of a prototype;(F) evaluate prototype quality and performance to meet design criteria;(G) fabricate a prototype using a systems engineering approach to compare the actual prototype performance to the required performance; and(H) present a prototype and explain how the prototype meets the project requirements.(10) The student creates justifiable solutions to open-ended real-world problems within a multitude of engineering disciplines using engineering design practices and processes. The student is expected to:(A) identify and define a multi-system engineering problem requiring a complex solution from different engineering disciplines such as aerospace, biomedical, chemical, civil, electrical, industrial, mechanical, petroleum, robotics, or structural engineering;(B) formulate and document goals, objectives, and requirements to solve a multi-system engineering problem;(C) determine the design constraints such as materials, personnel, resources, funding, manufacturability, feasibility, and time associated with a multi-system engineering problem;(D) identify parameters, including health, safety, social, environmental, ethical, regulatory, and legal constraints, defining a multi-system engineering problem;(E) identify or create alternative solutions to a multi-system engineering problem using a variety of techniques such as brainstorming, reverse engineering, and researching engineered and natural solutions;(F) test and evaluate proposed multi-system engineering solutions using tools such as models, prototypes, and mockups and methods such as simulations, critical design review, statistical analysis, and experiments; and(G) select and justify a preferred solution to a multi-system engineering problem using a structured technique such as a decision tree, design matrix, or cost-benefit analysis.(11) The student presents a solution derived through the engineering design process. The student is expected to:(A) develop and deliver a presentation describing the solution to a multi-system engineering problem in a professional manner to an appropriate audience such as peers, educators, potential clients, potential employers, community members, or engineering professionals;(B) solicit and evaluate feedback from the audience on the multi-system engineering solution and presentation; and(C) present learning experiences, including essential skills gained, areas of personal growth, challenges, and solutions encountered throughout the design process for a multi-system engineering solution.</content><note type="source"><p>Source Note: The provisions of this §127.405 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.406"><num value="127.406">§127.406</num><heading>Engineering Design and Problem Solving (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisites: Algebra I, Geometry, and at least one credit in a Level 2 or higher course in the Engineering Career Cluster. Recommended prerequisites or corequisites: Engineering Science, chemistry, or physics. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) The Engineering Design and Problem Solving course extends students' problem solving skills by identifying needs and then devising solutions using scientific and engineering practices. Students apply prior knowledge to develop a multi-system product or solution for a complex problem. Students demonstrate project management skills by collaborating as part of a team, conducting research, and analyzing data that culminates in a comprehensive report and presentation. Technical drawings, models, and prototypes are created using the appropriate tools, materials, and techniques. Structured decision-making processes are used to select and justify a preferred, multi-system solution to an authentic problem. Students develop, implement, and document repeated trials of experiments and tests using scientific and engineering practices to determine whether a prototype meets design requirements.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as dial caliper, micrometer, protractor, compass, scale rulers, multimeter, and circuit components;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using spreadsheets, engineering notebooks, graphs, and charts;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(3) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(4) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(5) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of various scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field.(6) The student understands how to implement an engineering design process to develop a multi-system product or solution for a complex problem. The student is expected to:(A) implement the stages of an engineering design process to construct a model of a multi-system product or solution;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, affect stages of the engineering design process;(C) explain how interested parties affect an engineering design process; and(D) discuss how lessons learned from failure is often an essential component of the engineering design process.(7) The student explores and implements the methods and aspects of project management for complex, multi-phase, multi-system projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) create a resource-loaded project schedule for an engineering project;(D) maintain a resource-loaded project schedule for the life of an engineering project;(E) develop and implement a system for the organization of project documentation such as file naming conventions, document release control, and version control;(F) describe how project requirements, constraints, and deliverables affect the project schedule and influence and are influenced by an engineering design;(G) create a budget that includes materials, equipment, and labor for an engineering project;(H) describe the importance of management of change (MOC) and how MOC applies throughout the life of an engineering project;(I) create and implement a project management plan for an engineering project; and(J) describe how techniques such as Monte Carlo simulation, risk matrices, and tornado diagrams are used to evaluate risk.(8) The student conducts research and analyzes data to create a problem statement in the engineering design process. The student is expected to:(A) create an organized engineering notebook to record research and findings for an engineering project;(B) select an open-ended real-world problem that can be solved using scientific and engineering practices and the engineering design process;(C) collect, organize, analyze, and summarize scientific and technical articles, data, and information to support the development of a problem statement;(D) define and use relevant scientific and engineering vocabulary as it relates to the problem statement;(E) evaluate information from sources for quality, accuracy, completeness, and reliability and conduct additional research as appropriate in the context of an iterative design process; and(F) create a problem statement that is concise, specific, and measurable.(9) The student identifies potential solutions and uses structured techniques to select and justify a preferred solution using scientific and engineering practices and the engineering design process. The student is expected to:(A) identify or create alternative solutions to a problem using a variety of techniques such as sketching, brainstorming, reverse engineering, and researching engineered and natural solutions;(B) select a preferred solution to a problem by applying structured techniques such as a decision tree, design matrix, or cost-benefit analysis;(C) evaluate whether the preferred solution meets the requirements of the problem statement in the context of an iterative design process;(D) identify material properties that are important to the solution design such as physical, mechanical, chemical, electrical, and magnetic properties and explain how material properties affect material selection;(E) explain how different engineering solutions can have significantly different effects on individuals, society, and the natural world; and(F) document concepts, solutions, findings, and structured decision-making techniques in the engineering notebook.(10) The student creates technical drawings, models, and prototypes using the appropriate tools, materials, and techniques. The student is expected to:(A) determine and explain the type of technical drawing that best represents the solution;(B) create a technical drawing(s) that includes dimensions, scale, views, annotations, tolerances, legends, symbols, and material specifications;(C) create a mathematical or physical model(s) to make predictions, identify limitations, and optimize design criteria;(D) create a prototype for testing;(E) evaluate the successes and failures of the prototype(s) in the context of an iterative design process; and(F) revise technical drawings, models, and prototype(s) as the solution evolves to better meet objectives.(11) The student develops, implements, and documents repeated trials of experiments and tests using scientific and engineering practices to determine whether a prototype meets design requirements. The student is expected to:(A) design and conduct experiments and tests to determine whether the prototype meets the requirements of the problem statement;(B) document and evaluate quantitative and qualitative data obtained through experiments and tests of the prototype in the engineering notebook;(C) create and analyze charts, data tables, or graphs to organize information collected during experiments on the prototype;(D) determine acceptable limits of error in data from experiments and tests of the prototype;(E) explain the purpose of regression analysis as a method to model and investigate relationships between independent and dependent variables from experiments and tests of the prototype;(F) identify linear and nonlinear relationships in data and situations where regression is appropriate;(G) identify sources of random error and systematic error and differentiate between both types of error from experiments and tests of the prototype; and(H) evaluate and determine whether the prototype meets the requirements of the problem statement by analysis of data collected in the context of an iterative design process.(12) The student develops and presents a comprehensive report that describes the problem, research and information collected and analyzed, concepts and solutions considered, prototypes developed and tested, and final results. The student is expected to:(A) create and present the comprehensive report in a professional manner to an appropriate audience such as peers, educators, potential clients, potential employers, community members, or engineering professionals;(B) solicit and evaluate feedback from the audience on the comprehensive report and presentation;(C) present learning experiences such as essential skills gained, areas of personal growth, and challenges and solutions encountered throughout the design process; and(D) predict the local and global impacts or risks of an engineering solution to segments of the society such as the economy or the environment.</content><note type="source"><p>Source Note: The provisions of this §127.406 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.407"><num value="127.407">§127.407</num><heading>Environmental Engineering (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: At least one credit in a course from the Engineering or Energy Career Cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) In Environmental Engineering, students research, develop, and design solutions related to water, land, and energy problems, with consideration to ethics and regulations. Using technology and the engineering design process, students devise innovative solutions to address current and future engineering challenges.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations, organizations that foster leadership and career development in the profession such as student chapters of related professional associations, and work-based experiences.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how stakeholders impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(2) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule and influence and are influenced by an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(3) Engineering ethics. The student applies ethical consideration to analyze resilient engineered systems. The student is expected to:(A) analyze the Texas Engineering Practices Act and explain how engineers demonstrate the responsibility they have to serve the public interest, their clients, and the profession with a high degree of honesty, integrity, and accountability;(B) research the New London school explosion and explain how this event led to the development of the Texas Engineering Practice Act and other regulations such as odorization of natural gas;(C) evaluate and explain an engineering ethical dilemma between environmental considerations and the needs and wants of society; and(D) explain how engineering solutions can have significantly different impacts on an individual, society, and the natural world.(4) Models. The student builds a model using the appropriate tools, materials, and techniques. The student is expected to:(A) identify and describe the steps needed to produce a model of a system such as hydrological, watershed management, or geospatial analysis models;(B) identify advantages and limitations of models such as size, scale, properties, and materials;(C) identify and use appropriate tools, equipment, and materials to produce a model;(D) describe the use of a model to accurately represent the key aspects of a physical system, including the identification of constraints such as cost, time, or expertise, that may influence the selection of a model;(E) develop a design proposal using a variety of media to produce a model; and(F) evaluate the successes and failures of a model in the context of an iterative design process.(5) Critical and creative problem-solving. The student examines environmental challenges and gathers assumptions to synthesize a meaningful, well-defined problem and ideates multiple solutions. The student is expected to:(A) collect, analyze, and interpret information relevant to an environmental engineering problem;(B) document a design process according to best practices in an engineering notebook;(C) identify and define visual, functional, and design requirements with realistic constraints against which solution alternatives can be evaluated;(D) list potential appropriate criteria for a defined problem that may impact the success of a design solution such as economic, environmental, ethical, health and safety, technical feasibility, and design;(E) represent concepts using a variety of visual tools such as sketches, graphs, and charts to communicate the details of an idea;(F) develop, design, and test alternatives to generate valid quantitative data to inform decision making and demonstrate solutions; and(G) explain why there are often multiple viable solutions. (6) Critical and creative problem-solving. The student selects the optimal design solution for real-world environmental problems based on engineering judgement. The student is expected to:(A) evaluate competing solutions paths using a decision matrix to compare solutions based on design criteria;(B) formulate a risk analysis matrix using a spreadsheet to evaluate threats and opportunities, including cost, time, and environmental impacts;(C) identify data needed to address an environmental engineering research question and the appropriate tools necessary to collect, record, analyze, and evaluate the data; and(D) evaluate evidence and arguments to identify deficiencies, limitations, and biases for appropriate next steps in the pursuit of a better solution.(7) Engineering tools and technology. The student uses a variety of techniques to measure and report quantities appropriate for an environmental analysis. The student is expected to:(A) research and determine appropriate units of measure, including acres, miles, and hectares, for environmental analysis;(B) measure and estimate a large-scale area such as a wetland, streamline, or floodplain using maps or digital resources;(C) perform dimensional analysis and unit conversions to transform data to units appropriate for a particular purpose or model; and(D) select and effectively use appropriate tools for accurately measuring specific volumes.(8) Water resources. The student analyzes environmental factors related to safe drinking water. The student is expected to:(A) research and describe the Texas State Water Plan, including the sources of water, floodplain management, and recycling;(B) analyze the relationship between population growth and water resources;(C) describe how human health is affected by the quality of drinking water sources;(D) describe and compare the most common sources of drinking water such as desalination, aquifers, surface water, and reclaimed water in developed and developing countries;(E) explain the characteristics of potable water;(F) describe common sources of drinking water contamination, including stormwater runoff;(G) explain contaminant cycling through an ecosystem; and(H) describe the infrastructure components of private wells and public drinking water systems.(9) Water quality. The student evaluates water quality and uses a variety of chemical and biological assays to describe water quality. The student is expected to:(A) research and describe Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) surface water quality standards for rivers, lakes, and estuaries;(B) research and describe annual water quality compliance reports and compare water quality between the different reports;(C) explain how water quality is quantitatively measured using chemical and biologically based testing processes;(D) perform and analyze a culture assay to detect coliform in water;(E) collect a water sample and determine water turbidity and pH;(F) outline the stages of treatment that a typical septic system and modern sewage treatment plant use to treat sewage water;(G) explain the role of bacteria in wastewater treatment;(H) research and describe emerging contaminants in water and demonstrate understanding of methods of detection, measurement techniques, degradation, assessment of risk, and strategies for mitigation and removal of contaminants;(I) describe the interacting roles of bacteria, protozoa, and rotifers in a wastewater treatment ecosystem;(J) describe and provide examples of how physical, chemical, and biological processes work in the process of purifying contaminated water;(K) explain how plants remove nitrates from contaminated water;(L) use the engineering design process to design, build, and test a water filtration system;(M) design and perform an experiment to use phytoremediation to remove contaminants from water; and(N) design and conduct a scientific experiment to test a variable affecting the bacteria's ability to decompose oil.(10) Energy. The student demonstrates a working knowledge of various sources of energy and their environmental and economic impact. The student is expected to:(A) explain the differences between and costs of renewable and non-renewable energy sources, providing examples of each;(B) describe energy density, subsidies, raw materials, the impact of energy production on land and animal life, and the environmental and resource demands of mining in relation to renewable and non-renewable energy sources;(C) identify and measure the amount and types of energy that students use in their daily lives;(D) compare the fuel efficiency of various fuel sources;(E) analyze the results of software simulations and models that vary the amounts and types of energy used to predict future energy needs;(F) define and identify types of intermittent and on-demand energy;(G) perform a full life cycle assessment (LCA) of material and energy sources; and(H) identify the variables and the methods for completing an LCA.(11) Engineering resilient systems. The student understands the environmental impacts to infrastructure systems and the need to support system performance with resilient solutions. The student is expected to:(A) identify innovations and laws which have improved air quality in the United States, including bag houses, water suppression at mines, the catalytic converter, industrial scrubbers, and the Clean Air Act;(B) analyze the impact on human habitat and access to energy of climate and extreme weather events such as flooding, freezing temperatures, hurricanes, tornadoes, and thunderstorms;(C) research and explain how engineering design can be more resilient to environmental impacts to limit additional impacts to the natural environment;(D) research and explain elements of natural environmental resilience; and(E) compare and analyze air quality data from different countries around the world, evaluating factors that influence air quality such as laws and use of different types of energy.(12) Land management. The student understands land management and land management practices. The student is expected to:(A) explain the value of a healthy ecosystem and the impact of biodiversity on the environment;(B) research and explain ecological value of the land such as direct products and provisioning, regulating, supporting, and cultural services;(C) identify and evaluate land conservation, preservation, and restorative measures using industry practice standards, including the United States Department of Agriculture (USDA) National Resources Conservation Services (NRCS) Conservation Practice Standards and the Texas Railroad Commission (TRC) environmental regulations;(D) research changes in land use and land cover over time using geospatial tools;(E) analyze and report positive and negative environmental impacts due to changes in land use, including urbanization over time, mining of rare earth minerals, and precision farming; and(F) explain the role of protected areas and lands to safeguard natural ecosystems.(13) Waste management. The student understands the role and importance of waste management. The student is expected to:(A) analyze the impacts of reduction, reuse, and recycling in waste management;(B) explain the impact of individual practices of waste reduction on resource management;(C) explain how landfills manage waste decomposition, including the capture and potential use of gases, including methane;(D) analyze the waste breakdown cycle of various waste products that enter landfills; and(E) research and describe hazardous waste products and impacts on the environment, including long-term storage needs and pollution.(14) Regulations. The student understands the role of national and local standards and regulations in environmental design. The student is expected to:(A) research and describe the functions of the EPA and U.S. Fish and Wildlife Service;(B) research and describe the functions of the TCEQ and the Texas Parks and Wildlife Department;(C) describe the relationship between the National Environmental Policy Act, the EPA, and TCEQ; and(D) explain the role of the TRC in facilitating the restoration of mined land to its original condition.(15) Future challenges in environmental engineering. The student discusses and analyzes some of the persistent environmental engineering challenges to sustain growing populations and the natural environment and improve quality of life. The student is expected to:(A) explain why some environmental engineering challenges are persistent such as providing access to clean water, energy, sanitation, and health to growing populations;(B) create a solution to a current challenge to meet the needs of society without compromising the ability to meet the needs of the future;(C) identify principles that guide the development of resilient solutions that enhance quality of life, support a high standard of living, and conserve resources;(D) describe the life cycle of a product or service and identify energy consumption, wastes, and emissions that are produced in the process.</content><note type="source"><p>Source Note: The provisions of this §127.407 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.408"><num value="127.408">§127.408</num><heading>Fluid Mechanics (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: at least one credit in a course from the Engineering Career Cluster and physics or chemistry. Recommended prerequisite or corequisite: Algebra II. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Fluid Mechanics investigate the behavior and properties of fluids, including liquids and gasses. Through hands-on experiments, simulations, and real-world examples, students learn about concepts such as viscosity, pressure, buoyancy, and flow dynamics. Students explore how fluids interact with solid objects, understanding phenomena like lift and drag, which are critical to the operation of ships, airplanes, and vehicles. Students engage in case studies and problem-solving activities to gain insights into how fluid mechanics shape our everyday lives, technological advancements, and industrial applications. This course prepares students to progress in careers in engineering and scientific disciplines such as aerospace, mechanical, civil, chemical, materials, and physics.(4) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not scientifically testable.(5) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as dial calipers, protractors, scale rulers, tape measures, load cells, micrometers, scales, tensiometer, multimeter, and thermometers;(E) collect quantitative data using the System International (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using spreadsheets, engineering notebooks, graphs, and charts;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(3) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(4) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(5) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of various scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field.(6) The student explains the application of fluids in historical and modern applications. The student is expected to:(A) describe the efficient storage and transportation of fluids, including gravity flow and natural phenomena such as aqueducts, water towers, winds, and currents;(B) explain the use of fluids in power generation and power transmission such as hydraulics, pneumatics, pumps, compressors, and turbomachinery; and(C) explain the impact of lift and drag on a moving object.(7) The student describes basic concepts of fluid mechanics. The student is expected to:(A) differentiate and compare the properties that distinguish a solid from a fluid;(B) define the characteristics of a fluid and identify different types of fluids, including gasses, liquids, Newtonian, and non-Newtonian;(C) define and list examples of compressible and incompressible fluids;(D) explain the properties of fluids, including density, specific weight, specific gravity, viscosity, and compressibility;(E) describe methods to measure and calculate the density, specific weight, specific gravity, viscosity, and compressibility of a Newtonian fluid;(F) calculate density, specific weight, and specific gravity for a variety of fluids from measured data;(G) explain the appropriate use of material reference frames and spatial reference frames, including boundary conditions, control surfaces, and control volumes;(H) identify and explain the variables in the ideal gas law and apply the ideal gas law to constructed problems;(I) explain the laws of conservation of energy and conservation of mass, including the algebraic version of Reynolds transport theorem; and(J) identify appropriate boundary conditions, including no-slip and ambient pressure boundary conditions in fluid flow.(8) The student demonstrates an understanding of pressure and hydrostatics and calculates values in a variety of systems. The student is expected to:(A) describe the relationship between force, area, and pressure;(B) calculate force proportionalities in hydraulic and pneumatic cylinders using Pascal's law and explain the impact of the cylinders' diameter on the resultant force;(C) differentiate between atmospheric pressure, gauge pressure, and absolute pressure;(D) describe the working principles of a pressure gauge and measure fluid pressure using dial gauges and manometers;(E) calculate the buoyant force of floating and submerged objects according to Archimedes' principle; and(F) define and calculate hydrostatic pressure.(9) The student demonstrates an understanding of fluid flows in steady-state pipes, channels, and free jets. The student is expected to:(A) compare developing, fully developed, and steady-state Newtonian fluid flows in pipes and channels;(B) compare fluid flow profiles, including uniform and parabolic;(C) describe experimental measurements of fluid flow field lines, including stream, streak, and pathlines;(D) calculate volumetric flow rate in a steady state system using the continuity equation and conservation of mass;(E) explain how Bernoulli's equation relates to the total energy of a steady-state system;(F) calculate unknown variables in varying conditions, including changes in height, velocity, and cross-sectional area of a steady state system using Bernoulli's equation and the conservation of energy;(G) derive Torricelli's equation from Bernoulli's equation and calculate the exit velocity and mass flow rates of free jets;(H) calculate fluid flows in pipes, channels, and free jets using the Reynolds Transport theorem and conservation of mass; and(I) calculate the resultant force of a free jet at the outlet based on the density of the fluid, cross-sectional area, pressure, and velocity of the fluid.(10) The student demonstrates an understanding of the effects of an object moving through a fluid. The student is expected to:(A) differentiate turbulent and laminar flows;(B) calculate the Reynolds number of given flows to determine if the flows are turbulent or laminar;(C) define lift and drag as applied to fluid flows;(D) explain the relationship between viscosity and shear force in a fluid flow;(E) explain the variables of lift and drag formulas and how the variables relate to fluid flow; and(F) design an experiment to measure the drag coefficient for a solid body in a fluid flow.(11) The student understands compressible flow and the relationship between sound transmission through a fluid and fluid compression. The student is expected to:(A) differentiate between compressible and incompressible fluids and explain the effect of compressibility on the speed of sound through a fluid;(B) explain how density impacts the speed of sound through a fluid;(C) calculate and use the Mach number to model a fluid as compressible or incompressible; and(D) explain the effects on fluid, including shock waves, when the sound barrier is broken.(12) The student designs and analyzes fluid systems. The student is expected to:(A) explain the function of weirs in an open channel and describe an application of weirs such as flow control or flow measurement;(B) calculate the fluid flow in open channels with different shapes, slopes, and weirs;(C) design an application of hydrostatics using the principle of buoyancy such as a boat, submarine, floating dock, or hot air balloon;(D) analyze and design a fluid device such as a clepsydra, water tower, pressure regulator, or nozzle using the principles of fluid dynamics;(E) describe applications and processes of different types of pumps, including centrifugal pumps, peristaltic pumps, gear pumps, and positive displacement pumps;(F) describe the operation of a centrifugal pump and explain the data presented in a pump curve, including head, flow rate, efficiency, and power;(G) design a hydraulics system with components, including hydraulic fluid, pump, reservoir, motor, cylinders, valves, and flow controllers;(H) identify and compare different types of turbomachines, including pumps and turbines;(I) describe and differentiate the applications of turbomachines, including pumps and turbines; and(J) explain the concept of tribology and identify the associated variables of tribology such as film thicknesses and pressures.</content><note type="source"><p>Source Note: The provisions of this §127.408 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.409"><num value="127.409">§127.409</num><heading>Mechanics of Materials (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: at least one credit from the Engineering Career Cluster and physics. Prerequisite or corequisite: Algebra II. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for the successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Mechanics of Materials describe the mechanical behavior of engineering materials, including metals, ceramics, polymers, composites, welds, and adhesives, and the applications of load, deformation, stress and strain relationships for deformable bodies, and mechanical elements relevant to engineers. The course includes axially loaded members, buckling of columns, torsional members, beams, and failure.(4) Nature of science. Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not scientifically testable.(5) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry. Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Science and social ethics. Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide tools for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as dial calipers, protractors, scale rulers, tape measures, load cells, micrometers, scales, tensometers, multimeters, and thermometers;(E) collect quantitative data using the System International (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using spreadsheets, engineering notebooks, graphs, and charts;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(3) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(4) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(5) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of various scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field.(6) The student examines the historical developments that led to the field of mechanics of materials and material science. The student is expected to:(A) describe the contribution to the field of mechanics by historical scientists such as Pascal, Galileo, Euler, Navier, Lame, Poisson, Hooke, and Young;(B) describe key historical advancements related to the development of different materials such as bronze, iron, steel, Damascus steel, and Roman concrete;(C) explain how materials have influenced historical events and products such as the steel in the Titanic, the space race, and smartphones;(D) evaluate and explain the impact of modern development of materials to manufacturing such as composites, nanotechnology, semi-conductors, and alloys and the effects of processes on materials such as subtractive manufacturing, additive manufacturing, and welding; and(E) describe the development of shapes in architectural structures such as columns, arches, domes, keystones, and suspension bridges.(7) The student identifies and measures different properties of an object. The student is expected to:(A) classify properties of an object as geometric, structural, or material;(B) identify and describe the application of tools, including rulers, calipers, micrometers, weighing scales, tensile testers (tensometers), and thermometers;(C) measure common properties of materials, including length, width, height, and mass;(D) measure and observe intrinsic properties of materials such as hardness, thermal conductivity, and impact resistance;(E) calculate density, cross-sectional area, specific gravity, thermal expansion, modulus of elasticity, Poisson's ratio, bulk modulus, yield, and ultimate stress using data from a table or graph;(F) differentiate material properties, including ductility, malleability, resilience, toughness, and reflectivity;(G) classify material properties as geometric (extrinsic), material (intrinsic), or structural; and(H) classify types of materials, including metals and alloys, polymers, ceramics, biomaterials, composites, and semiconductors. (8) The student understands various manifestations of forces acting on solids. The student is expected to:(A) illustrate forces, including axial, radial, normal, torsional, and shear and identify different units such as newtons, pounds, and kips used in force measurement;(B) explain force intensity of distributed forces, including forces distributed over a line, area, and volume;(C) calculate and simplify multiple loads to a single combined load;(D) distinguish between normal forces and shear forces; and(E) identify and calculate different types of stress, including axial stress, shear stress, and bending stress.(9) The student evaluates the effect of temperature on the properties of a material. The student is expected to:(A) describe engineering applications of thermo-mechanical properties such as thermometers, thermocouples, thermistors, thermostatic valves and controllers, and fuses;(B) explain the atomic origin of thermal expansion resulting in measurable effects such as building height change and material distortion;(C) describe potential failure modes due to thermal expansion for kinematically constrained structures;(D) explain how to accommodate thermal expansion in construction such as buckling of railroad rails, U-runs in piping, and expansion joints; and(E) explain the effect of temperature on the mechanical properties of materials, including modulus of elasticity, yield strength, ductility, and toughness.(10) The student determines the material properties from different mechanical material tests and how they are graphically represented. The student is expected to:(A) describe a tensile test, the various possible shapes of tensile testing specimens, and tensile test measurements, including force, elongation, and change in thickness;(B) analyze data from a tensile test to calculate engineering stress and strain for various materials such as aluminum, brass, cast iron, steel, and nylon at significantly different temperatures;(C) plot engineering stress and strain on a two-dimensional graph;(D) identify regions of a stress-strain curve, including elastic deformation, plastic deformation, resilience, strain hardening, fracture, and tension toughness;(E) estimate the values from a stress-strain curve, including 0.2% offset, modulus of elasticity, yield stress, ultimate stress, resilience, and tension toughness;(F) compare and explain differences in testing plots based on differences in specimen geometry and material;(G) compare different types of material testing, including compression tests, tensile tests, and three-point bending tests;(H) analyze testing results from compression and three-point bending tests with different specimen geometries, including length, cross-sectional shape, and cross-sectional area; and(I) describe modern mechanical testing such as digital image correlation, thermography, acoustic emission, and x-ray diffraction. (11) The student analyzes the impact of the cross-sectional geometry on the second moment of area for beams and shafts. The student is expected to:(A) calculate the area and the second moment of area for primitive shapes, including rectangles, triangles, circles, and semi-circles;(B) explain the parallel-axis theorem and use the parallel axis theorem to calculate the second moment of area for complex shapes;(C) calculate area, centroid, and second moment of area for complex shapes composed of primitive shapes such as an H-beam, square tubes, round tubes, and angle iron; and(D) hypothesize the best cross-sectional shape for different types of loads such as tension, compression, torsion, bending, and combinations of these loads.(12) The student represents point and distributed forces on a sketch and calculates the maximum deflection and factor of safety of bars, cables, columns, beams, and shafts using algebraic equations. The student is expected to:(A) describe the consequences of stresses such as elastic deformation, plastic deformation, and fracture on solid objects with mass;(B) calculate the maximum deflection of various homogenous prismatic beams, including simply supported, cantilever, and overhang beams, using algebraic formulas;(C) calculate the factor of safety of various homogenous prismatic beams, including simply supported, cantilever, overhang beams, and columns, using algebraic formulas;(D) analyze the impact of cross-sectional area and length on the potential for various homogenous prismatic columns to buckle under load;(E) explain the impact of and the reason for using a tapered object in structural applications; and(F) describe why pre-stress is used in applications such as shot-peening, tempered glass, wheel spokes, flatbed trailers, and bridges.(13) Students demonstrate an understanding of stress, strain, and displacement fields throughout a structure, including bars and beams. The student is expected to:(A) identify compression and tension regions in a bent beam;(B) describe the kinematics of a bent member, including elongation due to tension, shortening due to compression, the neutral axis, and the linear displacement profile; and(C) identify regions of compression and tension in digital image correlation data.(14) The student understands that the mechanics of materials are required to analyze a multi-member structure for strength and stability in real-world applications. The student is expected to:(A) compare permanent and non-permanent joints, including welding, brazing, soldering, adhesives, bolting, screwing, and riveting joints;(B) analyze a bolted connection for pre-stress, load, factor of safety, grade, size, yield stress, and applied torque; and(C) design a structure to support a specified load with materials of adequate properties, size, and geometry and with an appropriate factor of safety.</content><note type="source"><p>Source Note: The provisions of this §127.409 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.410"><num value="127.410">§127.410</num><heading>Statics (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: at least one credit in a course from the Engineering Career Cluster and physics. Prerequisite or corequisite: Algebra II.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Statics is a gateway course into most engineering majors such as aerospace, mechanical, civil, and biomedical engineering. Students learn the elements of statics that include the forces in structures that are in equilibrium and usually not moving. This includes forces calculated in two dimensions, free-body diagrams, distributed loads, centroids, and friction as applied to cables, trusses, beams, machines, gears, and mechanisms. Students explore scenarios where objects remain stationary, emphasizing the importance of balance and stability in engineering design. This course not only equips students with theoretical knowledge but also empowers them with practical skills that are indispensable in real-world engineering scenarios.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student describes milestones in structural design and construction throughout history. The student is expected to:(A) research and evaluate the significance of pioneering structures such as the Eiffel Tower, pyramids, Roman aqueducts, ferris wheel, Sydney Opera House, and St. Louis Bridge to the field of structural design;(B) analyze how locally available materials and technology have impacted the construction of structures through time;(C) identify the contributions of structural design pioneers such as Archimedes, Leonardo DaVinci, Galileo, René Descartes, and Albert of Saxony; and(D) identify careers that use the field of statics and predict the future application of statics.(3) The student measures and converts units in the System International (SI) units and United States (US) customary systems of measurement. The student is expected to:(A) measure objects using different units of measurement such as feet, inches, centimeters, meters, pounds force, Newtons, slugs, and kilograms in decimal and fractional measurements;(B) apply prefixes to units of measure and convert between units in U.S. customary and SI systems such as kilograms and kips; and(C) identify physical examples of different units of measurement, including one Newton, one pound, and one kip.(4) The student develops an understanding of point and distributed forces and moments, including torque and couples and their respective units. The student is expected to:(A) explain how Newton's third law of motion applies to static systems;(B) explain the purpose and operation of mechanical components, including gears, sprockets, pulleys, and simple machines;(C) explain how mechanical components, including gears, sprockets, pulley systems, and simple machines, are used in mechanisms;(D) explain distributed loads and simplify distributed loads to point loads;(E) compare a two-dimensional distributed load applied over a line to a distributed load applied over an area and a volume;(F) calculate and use applicable units for forces, torque, distances, and mechanical advantages related to levers, gears, and pulleys;(G) define and calculate the efficiency of mechanical systems; and(H) identify and explain couples in a static system.(5) The student applies vector algebra to calculate the equivalent force and moment vectors. The student is expected to:(A) differentiate between scalar and vector quantities;(B) identify properties of a vector, including magnitude and direction;(C) convert forces represented graphically to vector notation;(D) represent a force vector in its horizontal and vertical components;(E) calculate resultant vectors from multiple vectors using a strategy, including vector addition and the parallelogram rule;(F) simplify free-body diagrams by using strategies, including the principle of transmissibility, couples, and the summation of moments;(G) calculate moments of a rigid body system using strategies, including multiplying force by the perpendicular distance to a specified axis and the right-hand rule;(H) calculate moments from component forces using Varignon's principle; and(I) apply equivalent transformation to simplify external loads in a structural system.(6) The student locates and applies the geometric centroid and the center of mass of homogenous and heterogeneous objects. The student is expected to:(A) explain the difference between geometric centroid and center of mass;(B) locate the geometric centroid of simple and complex shapes using the composite parts method; and(C) locate the center of mass for two-dimensional and three-dimensional homogeneous and heterogeneous objects.(7) The student determines the stability of simple and complex objects with a variety of applied forces. The student is expected to:(A) identify potential pivot points at which objects could potentially rotate leading to a tip-over;(B) determine the stability of simple and complex objects with only frictional force using the relative location of the center of mass and the object pivot point;(C) calculate the stability of simple and complex objects with external forces applied at different locations on the object and a reaction force caused by friction; and(D) describe how the friction reaction forces when combined with applied forces at different locations affect the stability of an object and how to stabilize systems subject to tipping.(8) The student differentiates supports, including fixed, pin, and roller supports, for structures. The student is expected to:(A) define and compare the applications of different structural supports, including fixed, pin, and roller supports, and describe which support is utilized in a cantilevered beam;(B) explain the degrees of freedom for fixed, pin, and roller supports;(C) describe how fixed, pin, and roller supports affect a structural system; and(D) describe and sketch the different reaction forces and moments for structural supports, including fixed, pin, and roller supports.(9) The student constructs free-body diagrams of particles and rigid bodies around various supports and determines the reaction forces of the static body. The student is expected to:(A) sketch a complete free-body diagram that includes applied and reaction forces for a structure;(B) define static equilibrium;(C) formulate translational and rotational static equilibrium equations into a system of algebraic equations; and(D) solve for unknown forces in a structure using equations of equilibrium.(10) The student analyzes statically determinant plane trusses. The student is expected to:(A) test if a plane truss is statically determinant;(B) apply the method of sections and method of joints to calculate the internal forces of a statically determinant plane truss;(C) explain the difference between tension and compression forces;(D) describe capabilities of members, including beams, cables, ropes, bars, and columns, to bear tension, compression, or both tension and compression;(E) identify internal members as being in tension or compression, the members bearing the maximum loads, and the member most likely to fail; and(F) design structures such as bridges, tensegrity structures, or trusses to support external loads.(11) The student recognizes the limitations of a two-dimensional model. The student is expected to:(A) identify the differences between a two-dimensional and three-dimensional system;(B) explain the implications of adding a third dimension to a structure and how a two-dimensional analysis is insufficient to model a three-dimensional structure; and(C) describe how a third dimension can cause instability in a structure.</content><note type="source"><p>Source Note: The provisions of this §127.410 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.411"><num value="127.411">§127.411</num><heading>Mechanical Design I (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Algebra I. Recommended corequisite: Geometry. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Mechanical Design I demonstrate knowledge and skills associated with design and manufacture of mechanical systems. Fundamental mechanisms are introduced such as gears, belts, threaded elements, and four-bar mechanisms. Basic manufacturing processes such as stamping, injection molding, casting, machining, and assembly are explored through reverse engineering. The mechanisms encountered through reverse engineering enable the exploration of product functionality. Students compare engineering choices made for components, materials, and manufacturing processes. Emphasis is placed on team collaboration and professional documentation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student discusses ethics pertaining to engineering. The student is expected to identify and discuss the importance of professionalism, standards of conduct, and ethics as defined by the Texas Engineering Practice Act and rules concerning the practice of engineering and surveying.(2) The student understands that there are different stages of the engineering design process and the importance of working through each stage as part of an iterative process. The student is expected to:(A) explain the importance of defining an engineering problem as an initial step in the engineering design process;(B) describe the research stage of the engineering design process;(C) define ideation and conceptualization and discuss the role these processes play in innovation and problem solving;(D) explain the processes of selecting an idea or concept for detailed prototype design, development, and testing;(E) describe the purpose of non-technical drawings, technical drawings, models, and prototypes in designing a solution to an engineering problem;(F) describe the process of relevant experimental design, conducting tests, collecting data, and analyzing data to evaluate potential solutions;(G) explain how the engineering design process is iterative and the role reflection plays in developing an optimized engineering solution; and(H) describe the purpose of effective communication of the engineering solution as obtained through the engineering design process to various audiences.(3) The student explores and develops skills to solve problems, make decisions, and manage a project. The student is expected to:(A) discuss strategies for managing time, setting deadlines, and prioritizing to accomplish goals;(B) identify constraints and describe the importance of planning around constraints, including budgets, resources, and materials;(C) define milestones and deliverables and explain the advantages of dividing a large project into smaller milestones and deliverables;(D) identify different types of communication and explain how different types of communication lead to successful teamwork on a shared project in a professional setting; and(E) identify strategies to solve problems and describe how problem solving is utilized to accomplish personal and team objectives. (4) Collaboration. The student develops teamwork skills. The student is expected to:(A) discuss principles of critique such as describing, analyzing, interpreting, and evaluating;(B) identify and demonstrate teamwork skills such as sensemaking where a team member recognizes another team member who requires additional clarity and then addresses the team member by providing clarity;(C) identify methods for structuring projects such as Gantt charts, work breakdown structure, Agile, and critical path method; and(D) discuss the importance of contributing to positive and productive group dynamics to enhance teamwork.(5) Documentation. The student documents information gathered and interpretation developed throughout engineering processes. The student is expected to:(A) create documents such as executive summaries, reverse engineering forms, test reports, failure documents, system black box models, engineering notebooks, and drawing packages aligned with professional industry standards;(B) select the document format to communicate essential information to identified stakeholders; and(C) explain and justify the structure and sequence of how information is presented in engineering documents.(6) Applications for mechanical design. The student examines domestic, commercial, and industrial applications of mechanical design. The student is expected to:(A) explain applications of mechanical design in various industries, including medical, aeronautical, automotive, naval, and robotics industries;(B) research and identify commercial applications for mechanical design such as heating and cooling systems and robotics; and(C) identify and discuss household items that are impacted by mechanical design such as environmental controls, refrigerators, washing machines, and clothes dryers.(7) Mechanisms. The student investigates and understands mechanisms that convert motion such as gears, belts, threaded elements, linkages, or linear actuators. The student is expected to:(A) create virtual models of physical mechanisms using appropriate tools;(B) predict how different inputs affect the motion of a mechanism such as gears and linkages and compare the predictions with physical models;(C) classify mechanisms into different types such as gears, belts, threaded elements, linkages, or linear actuators; and(D) explain how changes in the dimensions of a mechanism influence the relationship between input and output.(8) Reverse engineering. The student systematically disassembles and analyzes a system to identify the concepts involved in function and manufacture. The student is expected to:(A) use appropriate simple tools and methods to disassemble consumer products such as can openers, mixers, or drills;(B) document the reverse engineering process using appropriate documentation tools and methods;(C) identify mechanisms of a product such as drive systems and gears and how their function contributes to the overall function of the product;(D) identify elements of a product such as housings, covers, and controls and how their attributes contribute to the product;(E) use appropriate measurement tools and methods to capture and document information about the sub-assemblies and components in a product;(F) identify and evaluate the choice of particular materials in the elements of a product;(G) identify and evaluate the choice of the process used to manufacture the element of a product; and(H) identify and evaluate the choice of the process to assemble a product.(9) Manufacturing. The student identifies different manufacturing processes such as stamping, injection molding, casting, sintering, and machining and assembly. The student is expected to:(A) explain and compare common manufacturing processes such as stamping, casting, injection molding, and machining;(B) identify and describe stamping manufacturing process elements such as press, tool, and blank and process steps such as shearing, bending, and perforating;(C) identify and describe injection molding elements such as hopper, heater, platen, and mold and process steps such as heating and injecting;(D) identify and describe casting elements such as mold, furnace, parting plane, sprue, and gate and process steps such as heating, pouring, cooling, and removal;(E) identify and describe sintering elements such as mold, furnace, binder, and powder and process steps such as heating, pressing, cooling, and post-processing;(F) identify and describe material removal elements such as workpiece, tool, jigs, and fixtures; the machine used such as mill, lathe, or drill; and process steps such as holding, locating, and cutting;(G) identify and describe assembly process elements such as jigs and fixtures, tolerances, fasteners, and tools and related process steps such as locating, holding, joining, and automating; and(H) identify and explain which material types are appropriate for manufacturing processes such as stamping, injection molding, casting, sintering, material removal, and assembly.(10) Assembly. The student explores the assembly process. The student is expected to:(A) explain the purposes of joining methods such as welding, adhesive bonding, fastening, riveting, and snap fitting;(B) evaluate the choice of joining methods found in a consumer product and generate requirements based on the evaluation; and(C) compare different assembly strategies such as assembly line, automation versus manual, or batch versus pull.(11) Design. The student applies appropriate professional design tools. The student is expected to:(A) define industry relevant terminology, including Failure Modes Effects Analysis (FMEA), Design for Manufacturing (DFM), Design for Assembly (DFA), Lean Manufacturing, Design of Experiments (DOE), benchmarking, reverse engineering, and Life Cycle Analysis (LCA);(B) use design tools such as FMEA, Quality Functional Deployment (QFD), root cause analysis, five whys, or decision matrices to extract information about a reverse engineered product;(C) develop an engineering requirements list to justify the selection of materials, processes, parts, and features from a reverse engineered product;(D) identify opportunities for manufacturing and assembly improvement from a reverse engineered consumer product; and(E) design and conduct tests to collect information needed to understand the engineers' design decisions, including material, manufacturing process, and mechanism choices, during a reverse engineering project.(12) Key concepts. The student understands key concepts of mechanical engineering. The student is expected to:(A) define heat transfer concepts such as conduction, convection, or radiation;(B) define thermodynamic concepts such as systems boundary, conservation, or entropy;(C) define mechanics of materials concepts such as strain, stress, elasticity, brittleness, or fatigue;(D) define dynamics concepts such as vibrations, dampening, or spring coefficients;(E) define material concepts such as strength, hardness, metallics, polymers, or ceramics;(F) define fluids concepts such as mass flow rate, viscosity, compressibility, turbulence, or boundary layer;(G) define statics concepts such as free body diagrams, force, torque, moment, or equilibrium;(H) define controls concepts such as open loop, closed loop, or systems modeling; and(I) identify and explain the use of engineering computational tools such as computer-aided design (CAD), finite element analysis (FEA), or computational fluid dynamics (CFD).</content><note type="source"><p>Source Note: The provisions of this §127.411 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.412"><num value="127.412">§127.412</num><heading>Mechanical Design II (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Mechanical Design I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Mechanical Design II demonstrate knowledge and skills associated with the design development and validation of a prototype solution to meet a given set of requirements. Students identify project stakeholders; manage projects; evolve requirements; model system solutions; develop, test, and refine prototypes; and validate project solutions. Emphasis is placed on budget management, professional documentation, conducting project status updates, critiquing design reviews, and team collaboration.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how stakeholders impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(3) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule and influence and are influenced by an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(4) Collaboration. The student develops teamwork skills. The student is expected to:(A) explain and apply sensemaking skills such as recognizing team members who require additional clarity and addressing team members to provide clarity;(B) apply methods such as Gantt charts, work breakdown structure, Agile, and critical path method to structure a project;(C) apply principles of critique within the team such as describing, analyzing, interpreting, and evaluating;(D) develop and present action plans to positively support the team's work relationships;(E) explain and model how to provide an effective critique of team members on topics such as team performance, test performance, project development, or presentation;(F) explain and model how to provide an effective critique of other teams on topics such as presentation, problem definition, schedule, and solution justification;(G) analyze and evaluate critique received from team members and other teams; and(H) develop a design review presentation to provide status and solicit feedback on the design problem and solution.(5) Documentation. The student documents information gathered and interpretations developed throughout the applied engineering process. The student is expected to:(A) generate documents such as executive summaries, reverse engineering forms, test reports, failure documents, system black box models, engineering notebooks, and drawing packages by applying professional standards and templates;(B) select the appropriate document format for the information being communicated based on the audience;(C) explain and justify the structure and sequence of how the information is presented in the engineering documents;(D) create assembly and user manuals for peer review; and(E) generate a final design report that focuses on the project scope and solution with appendices to capture all relevant design information such as the design process used, requirements compliance matrix, concept reports, and test reports.(6) Project management. The student reviews and applies basic project management strategies following a proposal-justification-approval process for each significant model considered. The student is expected to:(A) generate a project management plan that includes time and deliverable estimates;(B) review and update periodically the project management plan based on appropriate industry standard practices such as stage-gate and Agile Project Management; team structure and formation; and project modeling such as flow charts, Gantt charts, Program Evaluation Review Technique (PERT), critical path method, and work breakdown structures;(C) create model or test proposals for review; and(D) compare project management approaches such as stage-gate and Agile.(7) Stakeholder. The student understands how to engage stakeholders, including end user, consumer, fabricator, maintenance, the design team, and other engineers. The student is expected to:(A) describe how an engineer's professional responsibility applies to stakeholders;(B) develop a journey map or equivalent tool to model how the stakeholder interacts with the product; and(C) explain the importance of maintaining engagement with the stakeholder throughout the project.(8) Design requirements. The student understands the importance of the role of requirements in the mechanical engineering design process. The student is expected to:(A) identify and solicit stakeholder requirements;(B) generate, refine, and document product and project requirements throughout the project;(C) document requirements in correct format with appropriate standards such as National Aeronautics and Space Administration (NASA), military, and International Council on Systems Engineering (INCOSE);(D) verify that each requirement can be associated to at least one stakeholder;(E) verify that each stakeholder can be associated to at least one requirement;(F) discuss the importance of the relation between requirements and respective stakeholders;(G) analyze how key mechanical design concepts such as heat transfer, mechanics of materials, statics, or fluids impact the design process, design requirements, and design decisions; and(H) explain how requirements drive the project.(9) System modeling. The student generates multiple abstract models of mechanical systems using representations such as schematic diagramming and function structure modeling. The student is expected to:(A) create models of various mechanical system concepts;(B) compare different models against the appropriate requirements;(C) extract new system requirements from the models;(D) create models to communicate engineering design solutions to stakeholders for a project;(E) discuss conservation principles of energy, matter, and motion; and(F) apply conservation principles throughout the system model.(10) Design space modeling. The student models conceptual design spaces using morphological matrices. The student is expected to:(A) select the key requirements for the problem;(B) generate multiple means to address each key requirement to populate a morphological matrix;(C) generate multiple integrated solutions by selecting means from each requirement for further modeling and refinement; and(D) calculate the total number of possible solutions captured in the generated morphological matrix.(11) Concept generation. The student generates multiple systematic concepts using appropriate ideation tools. The student is expected to:(A) explain the rules of ideation tools such as brainstorming, 6-3-5, Gallery Method, C-Sketch, and concept mapping;(B) apply ideation tools to generate multiple concepts for a problem; and(C) compare the ideation tools based on the rules, number of people, representation, and purpose.(12) Concept pruning. The student prunes sets of concepts using design tools such as decision matrices, pair-wise comparison, and pro-con lists. The student is expected to:(A) use and explain absolute or relative decision matrices to prune a set of concepts;(B) use and explain pair-wise comparisons to prune a set of concepts;(C) use and explain pro-con lists to prune a set of concepts;(D) explain why it is important to use multiple pruning tools in design; and(E) explain why the pruning tools are not for selecting concepts.(13) Prototyping and testing. The student fabricates multiple physical prototypes ranging from parts to subsystems to final integrated prototypes to gather information needed to support mechanical engineering design decision making. The student is expected to:(A) develop prototyping proposals that include cost, time, and effort estimates; desired information; and testing plans;(B) use appropriate tools and materials to fabricate prototypes;(C) evaluate and execute testing plans for each prototype to gather information or check requirement satisfaction;(D) extract and document new requirements from prototyping and testing; and(E) justify the purpose for each physical or virtual model constructed against the cost of making the model.(14) Embodiment and refinement. The student refines design solutions by selecting and sizing components appropriately. Students justify material choices based on the requirements defined. The student is expected to:(A) construct geometric models and drawings to represent designed system;(B) justify and use appropriate analytical and simulation tools to correlate the changes in parameters of the models with changes in the performance of the modeled system;(C) justify design decisions using requirements such as functionality, cost, performance, or time;(D) use appropriate tools and materials to fabricate a final prototype;(E) develop final product documents such as bill of materials, assembly models, user manual, and assembly instructions; and(F) explain the evolution of requirements between earlier and final prototypes.(15) Solution validation. The student tests and verifies requirements throughout the project. The student understands the importance of discovering new requirements through testing and simulation. The student is expected to:(A) analyze information gained from testing and simulation to document new or refined requirements;(B) document simulations or tests using an appropriate report template;(C) design and execute simulations or tests to validate functional requirements are met;(D) explain why engineering design processes are iterative; and(E) discuss how continuous improvement and design iteration are related.(16) Budget. The student plans, monitors, and updates project budgets throughout the design project. The student is expected to:(A) create budgets for initial project costs such as raw materials, purchased parts, salvaged parts, hardware, taxes, shipping, and handling categories;(B) create a Bill of Materials cost report for the final build;(C) compare and explain any differences between the final product build cost and the project budget;(D) monitor and update the project budget throughout the duration of the project;(E) prepare budget status reports that include explanations of spenddown rates and changes to the budget; and(F) explain the importance of budget tracking in design projects.</content><note type="source"><p>Source Note: The provisions of this §127.412 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.413"><num value="127.413">§127.413</num><heading>Aerospace Design I (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Algebra I. Recommended corequisite: Geometry. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Aerospace Design I demonstrate knowledge and skills associated with the design evolution and emerging trends of aircraft and aerospace systems. Fundamental concepts such as forces of flight, structures, aerodynamics, propulsion, stability and control, and orbital mechanics are introduced as related to design decisions for atmospheric and space flight. These concepts are related to mission requirements and solution approaches.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student discusses ethics pertaining to engineering. The student is expected to identify and discuss the importance of professionalism, standards of conduct, and ethics as defined by the Texas Engineering Practice Act and rules concerning the practice of engineering and surveying.(2) The student understands that there are different stages of the engineering design process and the importance of working through each stage as part of an iterative process. The student is expected to:(A) explain the importance of defining an engineering problem as an initial step in the engineering design process;(B) describe the research stage of the engineering design process;(C) define ideation and conceptualization and discuss the role these processes play in innovation and problem solving;(D) explain the processes of selecting an idea or concept for detailed prototype design, development, and testing;(E) describe the purpose of non-technical drawings, technical drawings, models, and prototypes in designing a solution to an engineering problem;(F) describe the process of relevant experimental design, conducting tests, collecting data, and analyzing data to evaluate potential solutions;(G) explain how the engineering design process is iterative and the role reflection plays in developing an optimized engineering solution; and(H) describe the purpose of effective communication of the engineering solution as obtained through the engineering design process to various audiences.(3) The student explores and develops skills to solve problems, make decisions, and manage a project. The student is expected to:(A) discuss strategies for managing time, setting deadlines, and prioritizing to accomplish goals;(B) identify constraints and describe the importance of planning around constraints, including budgets, resources, and materials;(C) define milestones and deliverables and explain the advantages of dividing a large project into smaller milestones and deliverables;(D) identify different types of communication and explain how different types of communication lead to successful teamwork on a shared project in a professional setting; and(E) identify strategies to solve problems and describe how problem solving is utilized to accomplish personal and team objectives. (4) Collaboration. The student engages in multiple team projects and activities. The student is expected to:(A) discuss principles of critique such as describing, analyzing, interpreting, and evaluating;(B) identify and demonstrate teamwork skills such as sensemaking where a team member recognizes another team member who requires additional clarity and then addresses the team member by providing clarity;(C) identify methods for structuring projects such as Gantt charts, work breakdown structure, Agile, and critical path method; and(D) discuss the importance of contributing to positive and productive group dynamics to enhance teamwork.(5) Documentation. The student documents information and interpretation developed throughout engineering processes. The student is expected to:(A) use professional standards and templates to generate documents such as executive summaries, test reports, failure documents, system black box models, engineering notebooks, and drawing packages;(B) select the document format to communicate essential information for identified stakeholders; and(C) explain and justify the structure and sequence of how the information is presented in the engineering documents.(6) History of flight. The student understands the history and evolution of human flight, including flight within and outside the Earth's atmosphere. The student is expected to:(A) identify and discuss successes and failures in human efforts to fly prior to powered flight;(B) research and discuss innovations in aircraft prior to the jet age and explain how world events impacted these innovations;(C) research and discuss innovations in aircraft after the beginning of the jet age and explain how world events impacted these innovations;(D) research and discuss innovations in rockets prior to human spaceflight and explain how world events impacted these innovations; (E) research and discuss innovations in rockets after the first human spaceflight and explain how world events impacted these innovations; and(F) discuss the history of regulation of aircraft and the role of the Federal Aviation Administration (FAA).(7) Introduction to aircraft. The student explains the FAA categories for aircraft and categorizes the different types of aircraft such as airplanes, rotorcraft, lighter-than-air or aerostats, glider, powered-lift, powered parachutes, weight-shift aircraft, ground-effect vehicles (GEV), air-cushion vehicles (ACV), and rockets. The student is expected to:(A) identify and describe classes of aircraft such as single-engine land (SEL), gyroplane, powered-lift, and glider using the FAA categories;(B) categorize aircraft by attributes such as piston engine, turboprop, powered or unpowered, and drones or piloted;(C) compare aircraft categories and use cases for each category; and(D) research and discuss emerging trends in aircraft such as airships, rotary powered aircraft, and alternative energy powered aircraft.(8) Atmospheric flight. The student identifies and relates the three axes of an aircraft, the four forces of flight, and the components used for stability and control of the aircraft. The student is expected to:(A) explain the relationships between atmospheric temperature, pressure, density, and altitude;(B) identify and describe the motion about the three axes of an aircraft, including yaw, pitch, and roll;(C) identify and describe ways to control motion about the three axes;(D) identify and explain the four forces acting on aerospace vehicles in flight, including lift, drag, thrust, and weight;(E) explain the relationship between weight, mass, gravity, and acceleration and identify their corresponding units such as pounds-force, pound-mass, kilogram, and Newton;(F) discuss the difference between g-force and weight;(G) draw the forces of flight for a straight and level flight and a level banked turn;(H) identify different ways to control the forces that change the pitch, roll, and yaw of an aircraft;(I) identify and explain the major fixed and movable components of various aircraft to enable stability and control within the atmosphere; and(J) define and discuss aerodynamics as a subset of aerospace.(9) Lift and drag. The student explains how lift and drag are generated by an aircraft and how they change during flight. The student is expected to:(A) explain how an airfoil generates lift;(B) explain how the angle of attack (AoA) influences lift;(C) explain how to interpret a "Lift Coefficient (CL) versus AoA" chart;(D) define and discuss stall for an airfoil;(E) explain the types of drag, including profile/form, skin friction, interference, trim, and induced;(F) explain how the AoA influences drag;(G) explain how to interpret a "Drag Coefficient (CD) versus AoA" chart;(H) explain how changes in drag during flight impact performance such as range, altitude, and power requirements;(I) define and discuss Lift-to-Drag (L/D) ratio;(J) explain how to interpret an L/D chart;(K) identify the maximum L/D ratio from a chart to determine the optimal glide speed for maximum range;(L) research and discuss other systems that use airfoils such as windmills, fans, and propelling aircraft; and(M) explain how a plane can fly without engine power and in some cases can gain altitude to stay aloft for extended time and distance.(10) Weight and balance. The student recognizes that components have mass, weight, and location resulting in moments that are balanced by control surfaces. The student is expected to:(A) identify and calculate moments created by the forces of flight;(B) define and discuss center of gravity (CG);(C) define and discuss center of pressure (CP);(D) explain how the locations of the CP and CG influence the stability of an aircraft; and(E) create a model of an aircraft with variable configurations for CG and CP to determine stability of an aircraft.(11) Computerized design tools. The student understands that computerized technology is available for design and analysis. The student is expected to:(A) identify engineering computational tools such as computer-aided design (CAD), finite element analysis (FEA), or computational fluid dynamics (CFD); and(B) explain the applications of engineering computational tools used in aerospace design.(12) Mission requirements. The student understands how mission requirements influence the type and form of aircraft. The student is expected to:(A) analyze a mission to generate a list of atmospheric mission requirements such as payload, range, cruise, take-off length, landing length, climb gradient, altitude, and land or sea;(B) analyze a mission to generate a list of space mission requirements such as payload, altitude, vibration sensitivity, launch conditions, environmental conditions, and recovery;(C) explain how the mission requirements are interrelated; (D) discuss how the mission requirements relate to the aircraft and spacecraft categories;(E) discuss how mission requirements relate to the overall aircraft design; and(F) interpret a mission profile and explain how it impacts mission requirements.(13) Propulsion. The student explains and evaluates different types of propulsion systems such as piston engine, turboprop, jet, and rocket. The student is expected to:(A) identify and explain how a piston powered aircraft delivers thrust with respect to altitude limits and speed limitations;(B) identify and explain how a turboprop powered aircraft delivers thrust with respect to design requirements such as cost, operation cost, reliability, power, altitude limits, and speed limitations; (C) identify and explain how a jet powered aircraft delivers thrust with respect to design requirements such as cost, operation cost, reliability, power, altitude limits, and speed limitations; (D) explore and explain how a rocket engine is different from a jet engine;(E) research and discuss the applications for solid-fuel rockets; and(F) research and discuss the applications for liquid-fuel rockets.(14) Material selection. The student explains why a particular material is used in an aircraft application, taking into account cost, density, strength, and mission requirements. The student is expected to:(A) research and discuss material classes used in aerospace design such as woods, composites, metals, and plastics;(B) explain why specific materials might have been chosen for components on different aircraft;(C) discuss methods for manufacturing aircraft components such as landing gears, wings, fuselage, or canopies;(D) explain the impact of material and manufacturing costs on design decisions; and(E) explain how material requirements relate to mission requirements.(15) Aerospace structures. The student explains and compares and contrasts types of structures such as truss, semi-monocoque, monocoque. The student is expected to:(A) identify and discuss truss, semi-monocoque, and monocoque structures;(B) explain why different structure types are used in various aircraft categories;(C) discuss how mission requirements impact the selection of the structural types for an aircraft;(D) identify structural components in the fuselage such as stringers, bulkheads, and skin;(E) identify structural components in the wings and empennage such as ribs, spars, stringers, and skin; and(F) compare structures used in atmospheric flight and space flight.(16) Space flight and orbital mechanics. The student knows properties of orbital mechanics as they relate to space flight and the impact of the space environment on design. The student is expected to:(A) identify and describe orbits based on the six Keplerian Elements;(B) explain how changes in Keplerian Elements change the orbit;(C) explain how mission requirements determine specific orbit types;(D) describe the unique environmental conditions of operating in space for human or autonomous missions;(E) research and discuss methods to reach and recover a spacecraft from space; and(F) research and discuss emerging trends in space flight.(17) Alternate applications for aerospace design. The student examines alternate applications for aerospace design in various industries, including the automotive, naval, and other commercial industries. The student is expected to:(A) research and discuss how aerospace engineers contribute to automotive and naval applications to improve performance;(B) research and identify commercial applications for aerospace design such as heating and cooling systems, building design, and wind turbines; and(C) identify and discuss items at home that are impacted by aerodynamics such as fans, convection ovens, and heating and cooling systems.(18) Aircraft systems. The student explores and discusses other aircraft systems such as navigation, communication, entertainment, flight control, actuation, energy storage and management, and propulsion. The student is expected to:(A) explain basic functionality for aircraft systems such as navigation, communication, entertainment, flight control, and propulsion; and(B) research and discuss different implementations for aircraft systems such as navigation, communication, entertainment, flight control, and propulsion.</content><note type="source"><p>Source Note: The provisions of this §127.413 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.414"><num value="127.414">§127.414</num><heading>Aerospace Design II (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Geometry and Aerospace Design I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Aerospace Design II demonstrate knowledge and skills associated with the design and prototyping of aerospace systems. Through aerospace projects, students apply fundamental concepts such as managing an engineering project to meet mission requirements, prototyping, testing, and validating requirements. Students explore choices made for propulsion, material, and structural design as well as various ways aircraft can navigate. Emphasis is placed on team collaboration and professional documentation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how stakeholders impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(3) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule and influence and are influenced by an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(4) Collaboration. The student engages in multiple team projects and activities. The student is expected to:(A) explain and apply sensemaking skills such as recognizing team members who require additional clarity and addressing team members to provide clarity;(B) apply methods such as Gantt charts, work breakdown structure, Agile, and critical path method to structure a project;(C) apply principles of critique within the team such as describing, analyzing, interpreting, and evaluating;(D) develop and present action plans to positively support the team's work relationships;(E) explain and model how to provide an effective critique of team members on topics such as team performance, test performance, project development, or presentation;(F) explain and model how to provide an effective critique of other teams on topics such as presentation, problem definition, schedule, and solution justification;(G) analyze and evaluate critique received from team members and other teams; and(H) develop a design review presentation to provide status and solicit feedback on the design problem and solution.(5) Documentation. The student documents information and interpretation developed throughout engineering processes. The student is expected to:(A) generate documents such as executive summaries, reverse engineering forms, test reports, failure documents, system black box models, engineering notebooks, and drawing packages by applying professional standards and templates;(B) select the appropriate document format for the information being communicated based on the audience;(C) explain and justify the structure and sequence of how the information is presented in the engineering documents;(D) create assembly and user manuals for peer review; and(E) generate a final design report that focuses on the project scope and solution with appendices to capture all relevant design information such as the design process used, requirements compliance matrix, concept reports, and test reports.(6) Designing to mission requirements. The student generates conceptual aircraft solutions to meet a set of given requirements. The student is expected to:(A) analyze given mission requirements such as altitude, speed, and payload to derive sub-requirements;(B) generate and document additional sub-requirements for the mission considering various factors such as maintainability, producibility, operational cost, and safety;(C) generate and document conceptual aircraft solutions to address mission and sub-requirements;(D) classify the generated conceptual aircraft solutions into appropriate categories such as single-engine land (SEL), gyroplane, powered-lift, and glider using the Federal Aviation Agency (FAA) classification system;(E) select, justify, and document a conceptual solution that addresses the mission and sub-requirements; and(F) create a model such as a graph or matrix that displays the relationships between the documented requirements.(7) Managing aerospace engineering projects. The student applies project management techniques to aerospace projects. The student is expected to:(A) generate a project plan that includes time, deliverable, and cost estimates;(B) review and update periodically a project plan according to a stage gate process;(C) document and execute test plans to evaluate prototypes against requirements;(D) justify and present design choices through periodic design reviews; and(E) generate a final design report with an executive summary, a body with problem and solution descriptions, and appendices with additional relevant information such as the design process used, requirements compliance matrix, concept reports, and test reports.(8) Prototyping aerospace vehicles. The student creates a prototype to address a set of mission requirements. The student is expected to:(A) generate a list of design parameters based on the mission and sub-requirements;(B) generate and document design concepts to address design parameters;(C) use appropriate tools such as decision matrices, pro-con lists, and pair-wise comparison to evaluate, downselect, and justify design concepts to prototype;(D) create and document prototypes to test, validate, and modify design concepts;(E) use appropriate tools such as decision matrices, pro-con lists, and pair-wise comparison to evaluate, downselect, and justify a prototype to develop as the solution;(F) evaluate a prototype to identify areas of improvement for iteration;(G) test, evaluate, and document performance of the revised prototype in meeting project requirements; and(H) compose and present a project debrief, including lessons learned.(9) Atmospheric flight. The student relates the three axes of an aircraft, the four forces of flight, and the components used for stability and control. The student is expected to:(A) research and discuss ways to control motion about the three axes;(B) calculate and explain changes in motion due to the four forces acting on aircraft during flight;(C) explain why loads acting on aircraft change during different flight scenarios;(D) draw and calculate the forces of flight for a straight and level flight and a level banked turn; and(E) describe which aircraft components control and provide stability with respect to the six degrees of freedom.(10) Lift and drag. The student explains how lift and drag are generated by an aircraft and how they change during flight. The student is expected to:(A) explain the lift equation and illustrate the relationships between its variables;(B) explain the drag equation and illustrate the relationships between its variables;(C) calculate the changes to lift and drag based on changes to atmospheric conditions such as temperature, density, and pressure;(D) describe how aircraft control surfaces, including leading edge flaps, trailing edge flaps, ailerons, and spoilers, influence lift;(E) describe how aircraft control surfaces, including leading edge flaps, trailing edge flaps, ailerons, and spoilers, influence drag;(F) define and discuss how the stall angle and stall speed can be changed; and(G) research and present contemporary developments reducing drag such as winglets, boundary layer control, and surface effects.(11) Weight and balance. The student recognizes that components have mass, weight, and location resulting in moments that are balanced by control surfaces. The student is expected to:(A) calculate an aircraft's estimated center of gravity throughout a mission profile considering factors such as fuel consumption, payload, and passengers;(B) estimate the location of an aircraft's center of pressure;(C) calculate the static margin throughout a flight profile to verify positive stability margin;(D) generate and document solutions to improve positive static stability in the event of a negative stability margin; and(E) revise and document static margin calculations reflecting proposed solutions.(12) Propulsion. The student evaluates various propulsion solutions to downselect the solutions to meet mission requirements. The student is expected to:(A) evaluate and select a propulsion solution that meets requirements such as piston, jet, turboprop, and rocket;(B) evaluate and select the number of engines to meet mission and sub-requirements; and(C) calculate propulsion weight of the selected solution to meet mission and sub-requirements.(13) Material selection. The student evaluates various materials to meet mission and sub-requirements. The student is expected to:(A) analyze component material requirements to select materials that meets mission and sub-requirements; and(B) document the justification for the materials selected to meet component requirements.(14) Aerospace structures. The student evaluates and selects structure types to meet mission and sub-requirements. The student is expected to:(A) analyze structural requirements to select structure types that meets mission and sub-requirements; and(B) document the justification for the structure types selected to meet structural requirements.(15) Navigation. The student defines and explains types of navigation used for flight. The student is expected to:(A) explain dead reckoning navigation using an aeronautical chart, compass, clock, and airspeed indicator;(B) explain navigation using radio radials such as Automatic Direction Finder (ADF) and VHF Omnidirectional Range (VOR);(C) explain navigation using an Inertial Navigation System (INS); and(D) explain navigation using Global Positioning Systems (GPS).</content><note type="source"><p>Source Note: The provisions of this §127.414 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.415"><num value="127.415">§127.415</num><heading>Civil Engineering I (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Prerequisite: Algebra I and Introduction to Computer-Aided Design and Drafting or Principles of Applied Engineering. Recommended prerequisite: Geometry. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students in Civil Engineering I are introduced to the basic principles and practices essential to the field of civil engineering. Throughout this course students investigate different career paths in civil engineering, explore the various specializations within the field, and understand the phases and life cycle of civil engineering projects. They also delve into the functional mathematics crucial to the profession. Additionally, the course emphasizes the importance of effective project document structure and project management, ethical considerations, and the impact of civil engineering on the natural and built environment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands that there are different stages of the engineering design process and the importance of working through each stage as part of an iterative process. The student is expected to:(A) explain the importance of defining an engineering problem as an initial step in the engineering design process;(B) describe the research stage of the engineering design process;(C) define ideation and conceptualization and discuss the role these processes play in innovation and problem solving;(D) explain the processes of selecting an idea or concept for detailed prototype design, development, and testing;(E) describe the purpose of non-technical drawings, technical drawings, models, and prototypes in designing a solution to an engineering problem;(F) describe the process of relevant experimental design, conducting tests, collecting data, and analyzing data to evaluate potential solutions;(G) explain how the engineering design process is iterative and the role reflection plays in developing an optimized engineering solution; and(H) describe the purpose of effective communication of the engineering solution as obtained through the engineering design process to various audiences.(2) Students explore and develop skills to solve problems, make decisions, and manage a project. The student is expected to:(A) discuss strategies for managing time, setting deadlines, and prioritizing to accomplish goals;(B) identify constraints and describe the importance of planning around constraints, including budgets, resources, and materials;(C) define milestones and deliverables and explain the advantages of dividing a large project into smaller milestones and deliverables;(D) identify different types of communication and explain how different types of communication lead to successful teamwork on a shared project in a professional setting; and(E) identify strategies to solve problems and describe how problem solving is utilized to accomplish personal and team objectives. (3) The student understands the foundations of occupational safety and health. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health in the workplace and the rights of workers to a secure workplace;(B) explain and discuss the importance of Occupational Safety and Health Administration (OSHA) standards and OSHA requirements for organizations, how OSHA inspections are conducted, and the role of national and state regulatory entities;(C) explain the role industrial hygiene plays in occupational safety and explain various types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(D) identify and explain the appropriate use of types of personal protective equipment used in industry;(E) discuss the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(F) describe types of electrical hazards in the workplace and the risks associated with these hazards and describe control methods to prevent electrical hazards in the workplace;(G) analyze the hazards of handling, storing, using, and transporting hazardous materials and identify and discuss ways to reduce exposure to hazardous materials in the workplace;(H) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and discuss how these resources are used to make decisions in the workplace;(I) describe the elements of a safety and health program, including management leadership, worker participation, and education and training;(J) explain the purpose and importance of written emergency action plans and fire protection plans and describe key components of each such as evacuation plans and emergency exit routes, list of fire hazards, and identification of emergency personnel;(K) explain the components of a hazard communication program; and(L) explain and give examples of safety and health training requirements specified by standard setting organizations.(4) The student investigates different career paths in civil engineering. The student is expected to:(A) explain the licensing requirements for an engineer in training and a professional engineer;(B) identify various career options related to civil engineering such as surveyors, architects, construction contractors, urban and regional planners, inspectors, and regulators;(C) identify and explain the requirements to obtain professional credentials such as certified flood plain manager (CFM), project management professional (PMP), professional engineer (PE), Autodesk certifications, SolidWorks certifications, certified surveying technician (CST), registered professional land surveyor (RPLS), certified quality engineer (CQE), and certified quality inspector (CQI) associated with civil engineering; and(D) describe sub-disciplines within civil engineering, including water resources, environmental, geotechnical, structural, transportation, material sciences, coastal, land development, urban development, and infrastructure.(5) The student examines the functional mathematics used in civil engineering. The student is expected to:(A) calculate the mean, median, and mode of a given data set;(B) calculate the standard deviation of a given data set;(C) identify parts of a normal distribution curve;(D) define the Empirical Rule and analyze the distribution of a data set using the Empirical Rule;(E) define systematic, gross, and random error;(F) define accuracy and precision in a data set;(G) analyze the accuracy and precision of a data set;(H) identify the types and properties of various polygons; (I) solve for the parts of a triangle using the Pythagorean theorem, the law of sines, and the law of cosines;(J) identify the properties of circles;(K) solve for the measurements of a circle, including diameter, radius, circumference, area, chord, arclength, delta, and tangent;(L) solve linear functions on a Cartesian Coordinate System using standard form, slope-intercept form, point-slope form, and the distance between two points; and(M) calculate the volumes of three-dimensional shapes such as cylinders, spheres, and trapezoidal and triangular prisms.(6) The student understands methods of measurement and associated errors. The student is expected to:(A) define units of linear measurement, including U.S. survey feet, international feet, chains, rods, miles, fathoms, furlongs, varas, and other metric units commonly used in the surveying and civil engineering industry;(B) define the different units of angular measurement, including vertical angles, horizontal angles, bearings, azimuths, degrees-minutes-seconds, decimal degrees, seconds of arc, and gradians;(C) define the different units of volumetric measurement, including cubic feet, cubic yards, tons, and acre-feet;(D) calculate and define area measurements such as acre, hectare, square feet, square mile, league, or sitio;(E) convert linear, angular, and area measurements between different units;(F) determine a change in elevation between two or more points by performing a differential level loop;(G) measure the distance between two points on a plane using methods such as taping, electronic distance meter, total station, pacing, odometer, tacheometry, and stadia;(H) compare the errors from two or more methods of calculating distance between two points such as comparing pacing and taping; and(I) identify and analyze various types of errors associated with survey data.(7) The student researches civil engineering throughout history. The student is expected to:(A) describe the significance and development of historic civil engineering projects such as the Panama Canal, Roman aqueducts, and Hadrian's wall;(B) describe the significance and development of a major Texas civil engineering project; and(C) describe the significance and development of a major U.S. civil engineering project.(8) The student understands a civil engineering project life cycle. The student is expected to:(A) explain the civil engineering project conception, scope, proposal, contract, design planning and development, construction documents, bid and specifications, construction, and closeout phase; and(B) identify and sequence the phases of a project life cycle.(9) The student understands and develops a civil engineering project scope of work and proposal. The student is expected to:(A) identify and describe the importance of potential components in a feasibility report, including soil analysis, existing land entitlements, existing topography, federal emergency management agency (FEMA) floodplain location and elevation, existing utility and locations, environmental studies, and adjacent rights-of-way;(B) identify and quantify costs and benefits associated with a proposed civil engineering project, including initial investments, operational expenses, and anticipated returns;(C) conduct a cost-benefit analysis for a small civil engineering project;(D) identify common risks associated with civil engineering projects, including technical, financial, environmental, and regulatory risks;(E) describe methodologies for conducting risk analysis such as probability assessment, impact analysis, and risk prioritization; (F) develop a feasibility report for a small civil engineering project;(G) explain the purpose of a request for qualifications (RFQ);(H) evaluate RFQs based on a project's scope;(I) identify relevant codes and regulations impacting civil engineering projects;(J) define the fundamental components of a scope of work document, including project description, stakeholders, objectives, deliverables, scope exclusions, milestones, schedule, and signature block; and(K) develop a scope of work document for a small civil engineering project.(10) The student understands and develops the components of civil engineering designs. The student is expected to:(A) identify various conceptual schematic design drawings, sketches, and diagrams that explore design solutions and communicate design concepts;(B) generate a conceptual schematic design drawing, sketch, or diagram that effectively communicates a design concept;(C) explain the purpose and application of common civil engineering calculations such as superelevation, flow line, beam analysis, cost amortization, materials testing, plasticity index, and differential leveling;(D) evaluate engineering plans and specifications using quality control and quality assurance (QCQA) processes; and(E) prepare a design quantity take-off and estimate of probable construction cost.(11) The student researches the use and application of technology in civil engineering. The student is expected to:(A) identify the tools and technology used in civil engineering throughout history such as abacus, compass, scale, measuring tape, slide rule, calculator, computer-aided drafting and design, level, auto-level, grade rod, plumb bob, transit, theodolite, total station, GPS, lidar, and drones;(B) explain the evolution of technology used in civil engineering; and(C) explain the uses of design analysis and computer-aided drafting software.(12) The student understands and researches the components of project closeout processes. The student is expected to:(A) identify the main stakeholders involved in final inspections such as owner, utility provider(s), designer(s), contractors, municipalities, and regulatory agencies;(B) develop a punch list that is organized by trade, area, or priority and identifies deficiencies in a substantially completed project; and(C) evaluate the completed project to identify project successes and deficiencies.(13) The student understands and navigates civil engineering construction documents. The student is expected to:(A) identify the sections of a construction document set, including plat, existing conditions, site plan, fire protection plan, dimensional control plan, grading plan, drainage plan, utility plan, paving plan, erosion control plan, and project detail sheets;(B) research and describe the purpose of a fire protection plan;(C) describe the components of a paving plan, including pavement sections, material types, and design details;(D) identify and locate construction specification documents relevant to a given project;(E) explain and locate the fundamental components of a construction document's legend, including symbols, line types, and typical abbreviations;(F) explain the process of drafting a construction document to scale;(G) determine and demonstrate which scale best fits a standard size drawing sheet;(H) explain the relationship between a construction document's specifications, plans, legend, and scale; and(I) identify and explain the differences between design drawings and record drawings.(14) The student applies best practices for effective project document structure and management. The student is expected to:(A) explain the significance of systematic organizational structure for project documents;(B) develop a systematic organizational structure for project documents that considers factors such as project phase, discipline, and document type;(C) develop a consistent naming convention for project documents; and(D) implement and maintain a uniform naming convention for project documents.(15) The student describes and exhibits characteristics that lead to a successful civil engineering team. The student is expected to:(A) research and describe time management techniques such as using Gantt charts, schedules, critical paths, and man-power projections for project management;(B) demonstrate effective communication skills in written and oral formats to facilitate collaboration in a project team; and(C) explain how project team dynamics impact project outcomes and member morale.(16) The student researches and describes ethics pertaining to civil engineering. The student is expected to:(A) research and identify the fundamental engineering ethics established by the Texas Board of Professional Engineers and Land Surveyors; and(B) analyze root causes and lessons learned from historical examples or case studies involving ethical misconduct in civil engineering projects.(17) The student explores the impact of engineering in the natural world and built environment. The student is expected to:(A) describe the potential impacts, costs, and benefits of sustainable practices on local and global communities, environments, and economies;(B) apply cost-benefit analysis to sustainability standards used throughout the project life cycle to evaluate their economic, environmental, and social trade-offs;(C) describe governmental agencies that regulate environmental impact at the federal, state, and local level;(D) describe the potential impacts of construction on the natural world, including flora, fauna, groundwater, surface water, soil, Earth's atmosphere, air quality, and waterways; and(E) describe methods used by engineers to mitigate and remediate the effects of construction on the natural world.(18) The student understands the methods environmental engineers use to supply water, dispose of waste, and control pollution. The student is expected to:(A) describe methods of population projection for sizing water and wastewater facilities;(B) describe water quality standards using prescribed units of measure;(C) research and explain regulations for water quantity design requirements by jurisdiction;(D) research and explain regulations for wastewater quantity design requirements by jurisdiction;(E) research and describe methods of water and wastewater treatment;(F) research and describe methods of solid waste management; (G) research and describe methods of controlling hazardous waste; and(H) research and describe methods of measuring and managing air quality.</content><note type="source"><p>Source Note: The provisions of this §127.415 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.416"><num value="127.416">§127.416</num><heading>Civil Engineering II (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Geometry and Civil Engineering I. Recommended prerequisite: Introduction to Computer-Aided Design and Drafting. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students in Civil Engineering II apply the principles and practices essential to various subdisciplines within civil engineering. Throughout this course, students develop knowledge and skills essential to the design development and construction of a civil engineering project. The students explore the impacts and constraints on the design of a project. They also delve into the functional mathematics crucial to the profession. Additionally, the course emphasizes the importance of effective project document structure and project management, ethical considerations, and the impact of civil engineering on the natural and built environment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how stakeholders impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(2) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule and influence an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(3) The student recognizes project stakeholders and industry organizations in civil engineering. The student is expected to:(A) describe the roles and objectives of project stakeholders, including engineer, owner, architect, contractor, subcontractors, project manager, end users, regulatory agencies, and the public; and(B) describe the mission and membership benefits of industry organizations such as the American Society of Civil Engineers, the National Society of Professional Engineers, and the Society of Women Engineers.(4) The student explores various disciplines within civil engineering. The student is expected to:(A) describe the essential technical knowledge and functions in a variety of civil engineering subdisciplines, including environmental, geotechnical, transportation, structural, water resources, and construction;(B) explain how different types of projects within civil engineering subdisciplines, including public works, transportation, urban development, water resources, and utility projects, impact the built environment; and(C) identify and describe types of civil engineering projects.(5) The student explores how codes, regulations, and plats impact a civil engineering project. The student is expected to:(A) research and describe regulations established by the American Disabilities Act relevant to site design;(B) identify local codes and regulations for a civil engineering project;(C) describe the potential impacts of local codes and regulations on civil engineering projects; and(D) describe the purpose of a plat and easements for a civil engineering project.(6) The student develops a proposal for a civil engineering project such as a park, a parking lot, or a storm drain. The student is expected to:(A) analyze or develop a feasibility report for a civil engineering project;(B) develop and analyze the scope of work document for a civil engineering project;(C) calculate monetary value for engineering efforts on a given project;(D) revise and archive the draft project proposal for scope of work changes;(E) develop a client deliverable package that contains a fee proposal, project schedule, organizational chart, exclusions, and an engineering contract;(F) communicate effectively a final proposal for a civil engineering project; and(G) identify and evaluate lessons learned from the project proposal process.(7) The student develops a civil engineering project schedule. The student is expected to:(A) identify and prioritize project tasks to determine the critical path of a project;(B) create a project critical path diagram;(C) evaluate project tasks and the critical path to develop a project schedule;(D) create a Gantt chart for all the project activities in a project; and(E) assess a project schedule for opportunities to improve project efficiencies.(8) The student develops a civil engineering design for a project site. The student is expected to:(A) create a concept site plan using existing schematics, survey data, and regulatory design manuals;(B) identify existing and proposed utility providers, including electric, water, sewer, gas, and telecommunications providers, at a project site;(C) research and identify existing plats and easements for a project site; and(D) revise and finalize a project site plan to reflect analyzed site data, including utilities, geotechnical, right-of-way, water resources, environmental, survey, and transportation data.(9) The student explores concepts and calculations for storm water events used by water resources engineers. The student is expected to:(A) describe storm event probability based on historical models;(B) describe methods used, including Rational method, Natural Resources Conservation Service (NRCS), Soil Conservation Service (SCS), and unit hydrograph, to calculate flow rate;(C) analyze existing topography at the project site to determine drainage patterns;(D) delineate existing and proposed drainage areas impacting a project site to determine the change in stormwater runoff generated by a project design;(E) research and describe methods of stormwater mitigation and water quality treatment;(F) calculate the existing flow rates for a 5-year and a 100-year storm event for a project site using the Rational method;(G) analyze and calculate the proposed flow rates for a 5-year and a 100-year storm event for a project design;(H) determine the required stormwater remediation techniques for a 100-year storm event by comparing existing and proposed runoff quantities;(I) describe methods of stormwater conveyance, including channel, culvert, and pipe;(J) calculate the hydraulics of a stormwater conveyance using the continuity equation, energy equation, and Bernoulli's equation;(K) design a conveyance system such as a pipe, culvert, or open channel to convey stormwater runoff for a 100-year storm event using the calculated data;(L) create a plan and profile sheet of a drainage system, including surface elevations, slopes, conveyance system dimensions, material, and pipe invert elevations; and(M) describe potential impacts of a drainage analysis for a project.(10) The student explores concepts and calculations used by geotechnical engineers. The student is expected to:(A) identify and explain the components of a geotechnical report, including boring samples and logs, soil types and classifications, pavement recommendations, foundations recommendations, and soil preparations; (B) identify and determine the soil classifications at a project site using the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey (WSS);(C) calculate the plasticity index of soil from a project site;(D) research and describe methods of soil preparation;(E) research and explain how geotechnical results impact pavement recommendations used in civil engineering projects;(F) research and select the most effective pavement section for a project; and(G) describe the impact of a geotechnical analysis for a project.(11) The student explores concepts and calculations used by structural engineers. The student is expected to:(A) identify and analyze the various types of building foundations, including raft, monolithic slab, slab on grade, pier and beam, spread footing, mat footing, drilled piers, pylons, waffle slab, and post-tension slab;(B) describe the forces common to structural engineering calculations, including gravity, tension, compression, flexure, and torsion;(C) describe the loads common to structural engineering calculations, including dead load, live load, environmental loads, and other loads such as lateral and concentrated loads;(D) diagram and explain how applied loads and forces are resisted in a structure and transferred to the Earth;(E) diagram a simply supported beam subjected to loading conditions to determine reaction forces;(F) sketch diagrams to determine the maximum shear and moment resulting in the beam;(G) identify the different types of trusses, including simple, planar, and space frame trusses;(H) diagram a truss subjected to loading conditions to determine reaction forces and identify the zero force members;(I) explain why design loads are dictated by building codes; and(J) describe potential impacts of a structural analysis for a project.(12) The student explores concepts and calculations used by transportation engineers. The student is expected to:(A) identify and describe various types of transportation engineering specializations such as rail, aviation, roadway, highway, and marine;(B) research and explain the benefits of having a professional transportation engineering certification;(C) research and explain the benefits of membership in a transportation engineering organization such as Institute for Transportation Engineers (ITE), American Society of Highway Engineers (ASHE), American Association of State Highway and Transportation Officials (AASHTO), and WTS International;(D) determine stopping sight distance of a roadway given the design speed and grade;(E) research and describe the impacts of transportation design elements, including grades, superelevation, design speed, friction factor, lane widths, vertical curves, horizontal curves, roadway classification, acceleration, and deceleration;(F) analyze the level of service of a roadway to determine if operating conditions are adequate;(G) identify and explain the components of a traffic impact analysis (TIA), including data collection summary, trip analysis, turn lane analysis, project phasing, and sight visibility analysis;(H) research and identify methods of traffic data collection; (I) collect and calculate traffic count data at a project site and analyze the results of the traffic count to determine peak hour trips and traffic mitigation;(J) determine the peak hour trips generated by a given land use from a ITE Trip Generation Manual;(K) research and describe traffic level of service for various roadways;(L) determine if a turn lane is warranted based on peak hour trips and traffic volume; and(M) describe potential impacts of a transportation analysis for a project.(13) The student develops construction documents for a civil engineering project. The student is expected to:(A) develop project construction documents that includes design plans, specifications, and a cost estimate for a civil engineering project;(B) develop the analysis reports for a civil engineering project;(C) generate a demolition sheet that contains existing topography, property lines, easements, utilities, rights-of-way, drainage infrastructure, and structures, and identifies items to be demolished;(D) develop a fire protection plan for a project;(E) generate a paving plan that shows the limits and types of pavement necessary for a project;(F) generate a site plan that labels proposed improvements for a project;(G) generate a site dimensional control plan containing measurements for all site improvements for a project;(H) generate a grading plan that documents proposed elevations and topography in comparison to existing topography for a project;(I) generate drainage plans that document the existing drainage patterns, proposed drainage plan, and drainage infrastructure for a project;(J) generate a utility plan that documents existing and proposed utility types, locations, and materials for a project;(K) generate an erosion control plan that identifies erosion control best management practices (BMP) defined by the Texas Commission on Environmental Quality (TCEQ) for a project; and(L) explain the importance of a quality control review and complete a quality control review of the construction documents of the project.(14) The student develops documents for support of the construction bid. The student is expected to:(A) identify components of a bid tabulation, including item description, material quantity, unit measure, unit price, and total price;(B) compare a project bid tabulation with corresponding construction documents to verify all items are included;(C) create a project bid tabulation; and(D) identify and compile the parts of civil engineering project manual.(15) The student works as an individual and a team member to complete projects. The student is expected to:(A) track team goals to verify completion of project milestones;(B) explain various methods to resolve conflict within a project team;(C) explain how leadership impacts project outcomes and team members; and(D) evaluate team member performance and effectiveness in a project.(16) The student researches and understands the code of ethics pertaining to civil engineering. The student is expected to:(A) research and describe the impact of the State of Texas Engineering Practice Act; and(B) analyze and discuss ethical case studies using Texas Administrative Code, Title 22, Part 6, Chapter 137, Subchapter C (relating to Professional Conduct and Ethics).(17) The student understands the fundamental sustainable design approaches and practices in civil engineering projects. The student is expected to:(A) research and describe sustainable building materials and methods;(B) identify and explain the programs and certifications that establish design criteria for engineering projects such as Leadership in Energy and Environmental Design (LEED);(C) explain how sustainable programs and certifications potentially impact the design elements and costs of a project;(D) explain how design choices potentially impact human health, the environment, and the cost of a project; and(E) explain how elements of the construction process potentially impact human health and the environment.</content><note type="source"><p>Source Note: The provisions of this §127.416 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.417"><num value="127.417">§127.417</num><heading>Engineering Project Management (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Algebra I. Recommended prerequisite: English II. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Engineering Project Management develop cursory knowledge and essential skills to lead an engineering team through the development and construction of a project. Students assess project documentation for compliance with best management practices. They engage in project planning, risk management, team management, and stakeholder communication to ensure project completion, adherence to safety guidelines, and continuous improvement.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student discusses ethics pertaining to engineering. The student is expected to identify and discuss the importance of professionalism, standards of conduct, and ethics as defined by the Texas Engineering Practice Act and rules concerning the practice of engineering and surveying.(2) The student understands that there are different stages of the engineering design process and the importance of working through each stage as part of an iterative process. The student is expected to:(A) explain the importance of defining an engineering problem as an initial step in the engineering design process;(B) describe the research stage of the engineering design process;(C) define ideation and conceptualization and discuss the role these processes play in innovation and problem solving;(D) explain the processes of selecting an idea or concept for detailed prototype design, development, and testing;(E) describe the purpose of non-technical drawings, technical drawings, models, and prototypes in designing a solution to an engineering problem;(F) describe the process of relevant experimental design, conducting tests, collecting data, and analyzing data to evaluate potential solutions;(G) explain how the engineering design process is iterative and the role reflection plays in developing an optimized engineering solution; and(H) describe the purpose of effective communication of the engineering solution as obtained through the engineering design process to various audiences.(3) The student explores and develops skills to solve problems, make decisions, and manage a project. The student is expected to:(A) discuss strategies for managing time, setting deadlines, and prioritizing to accomplish goals;(B) identify constraints and describe the importance of planning around constraints, including budgets, resources, and materials;(C) define milestones and deliverables and explain the advantages of dividing a large project into smaller milestones and deliverables;(D) identify different types of communication and explain how different types of communication lead to successful teamwork on a shared project in a professional setting; and(E) identify strategies to solve problems and describe how problem solving is utilized to accomplish personal and team objectives. (4) The student understands the foundations of occupational safety and health. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health in the workplace and the rights of workers to a secure workplace;(B) explain and discuss the importance of Occupational Safety and Health Administration (OSHA) standards and OSHA requirements for organizations, how OSHA inspections are conducted, and the role of national and state regulatory entities;(C) explain the role industrial hygiene plays in occupational safety and explain various types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(D) identify and explain the appropriate use of types of personal protective equipment used in industry;(E) discuss the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(F) describe types of electrical hazards in the workplace and the risks associated with these hazards and describe control methods to prevent electrical hazards in the workplace;(G) analyze the hazards of handling, storing, using, and transporting hazardous materials and identify and discuss ways to reduce exposure to hazardous materials in the workplace;(H) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and discuss how these resources are used to make decisions in the workplace;(I) describe the elements of a safety and health program, including management leadership, worker participation, and education and training;(J) explain the purpose and importance of written emergency action plans and fire protection plans and describe key components of each such as evacuation plans and emergency exit routes, list of fire hazards, and identification of emergency personnel;(K) explain the components of a hazard communication program; and(L) explain and give examples of safety and health training requirements specified by standard setting organizations.(5) The student explores the methods and aspects of project management in relation to engineering projects. The student is expected to:(A) identify and prioritize engineering tasks for an engineering project plan;(B) identify and outline the critical path of a set of tasks in an engineering project;(C) develop a project budget based on billable hours and engineering tasks in a project;(D) track and maintain time spent on engineering tasks for a given project;(E) generate a Gantt chart for an engineering project, including project tasks, time to complete tasks, critical path, and schedule of tasks;(F) develop and implement a systematic folder structure for organizing project documents considering factors such as project phase, discipline, and document type;(G) apply naming conventions consistently to all project documents to facilitate efficient identification and retrieval;(H) research and describe best management practices such as quality control and quality assurance, risk management, and project management plan for an engineering project;(I) evaluate an engineering project for adherence to local, state, and federal regulations;(J) evaluate an engineering project for adherence to best management practices; and(K) evaluate an engineering project for implementation of sustainable practices.(6) The student explores processes involved in the construction phase of an engineering project. The student is expected to:(A) identify parts of an engineering project manual associated with a construction bid, including bid schedule, bid tabulation, construction plan set, and material specifications;(B) explain the bid process for a project, including timeline, value engineering, request for information (RFI), request for qualifications (RFQ), request for price (RFP), interview process, bid opening, bid evaluations, and bid award;(C) develop a quantity take-off for an engineering project; and(D) identify applicable materials based on the engineering project specifications to conduct a material quantity take-off.(7) The student researches and identifies methods and divisions of project documentation. The student is expected to:(A) compare shop drawings and construction documents to identify and rectify variances;(B) identify and justify applicable material specifications for a given project;(C) compile and organize material specifications to create a submittal log;(D) analyze a construction drawing to develop applicable design questions and create an RFI document;(E) identify and explain the permitting process for an engineering project;(F) identify permitting stakeholders and explain stakeholder roles in the permitting process;(G) identify permitting entities and create a permit request;(H) identify and explain the purpose and parts of a change order for a project;(I) develop a method of documentation to track project changes, including field changes, design changes, and change orders, and analyze cost and schedule impacts of project changes; and(J) identify and draft applicable completion documents, including certificate of occupancy, temporary certificate of occupancy, field changes, as-built or plan of record documents, and engineer's certification of substantial completion.(8) The student explores applicable federal, state, and local regulations as they pertain to engineering projects. The student is expected to:(A) research federal regulatory agencies and describe the role federal regulatory agencies serve in relation to engineering projects such as the Environmental Protection Agency (EPA), Federal Aviation Administration (FAA), and Army Corps of Engineers;(B) research state regulatory agencies such as the Texas Department of Transportation (TxDOT), Texas Commission on Environmental Quality (TCEQ), and the Texas Railroad Commission (TRC) and describe the role these agencies serve in relation to engineering projects;(C) research local regulatory agencies such as cities and counties and describe the role local regulatory agencies serve in relation to engineering projects; and(D) describe local codes and ordinances affecting construction and development activities.(9) The student explores methods of risk management and the effects on engineering projects. The student is expected to:(A) identify and describe various methods of risk management related to engineering projects;(B) identify and analyze the potential risks in a project with respect to the project stakeholders;(C) develop and communicate a job hazard analysis (JHA) for a given project task;(D) identify factors of contingency related to an engineering project;(E) create a contingency estimate analyzing events that can cause potential losses to a project; and(F) present a risk management plan for a given project.(10) The student examines components of value engineering practices in relation to an engineering project. The student is expected to:(A) describe value engineering;(B) identify and analyze common areas of engineering projects that are susceptible to value engineering;(C) analyze an existing project design and cost estimate to identify potential cost saving areas;(D) describe an opinion of probable cost (OPC) associated with an engineering project;(E) generate an OPC for an engineering project, including construction mobilization, material cost, material quantities, waste disposal, contingency, and total price; and(F) create a cost-benefit analysis of an engineering project that compares the monetary cost of the project to the benefit to end user.(11) The student demonstrates effective leadership and communications skills necessary to manage engineering projects. The student is expected to:(A) identify and describe the various team roles for an engineering project;(B) research and describe various project management methodologies;(C) create a schedule of roles for team members in an engineering project;(D) conduct an effective kick-off meeting to communicate the project management plan for a given engineering project;(E) evaluate how project team dynamics impact the successful completion of a project;(F) prepare and document effective meeting agendas;(G) record, prepare, and distribute clear and accurate meeting minutes;(H) research and describe effective leadership qualities;(I) research and identify examples of effective leadership styles;(J) identify and describe personal leadership styles and strengths; and(K) evaluate how student leadership styles impact the success of the project team.</content><note type="source"><p>Source Note: The provisions of this §127.417 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.418"><num value="127.418">§127.418</num><heading>Architectural Engineering (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Civil Engineering I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Architectural Engineering use principles of engineering and design tools to create innovative, functional, and sustainable buildings. Students develop cursory knowledge and essential skills to understand the design of buildings, including the mechanical, electrical, plumbing, and structural systems, while also planning the construction process. They engage in project planning, building and system analysis, site investigation, and the integration of sustainable design and construction practices for an architectural engineering project.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how to implement an engineering design process to develop a product or solution. The student is expected to:(A) describe and implement the stages of an engineering design process to construct a model;(B) explain how factors, including complexity, scope, resources, ethics, regulations, manufacturability, maintainability, and technology, impact stages of the engineering design process;(C) explain how stakeholders impact an engineering design process; and(D) analyze how failure is often an essential component of the engineering design process.(3) The student explores the methods and aspects of project management in relation to projects. The student is expected to:(A) research and explain the process and phases of project management, including initiating, planning, executing, and closing;(B) explain the roles and responsibilities of team members, including project managers and leads;(C) research and evaluate methods and tools available for managing a project;(D) discuss the importance of developing and implementing a system for the organization of project documentation such as file naming conventions, document release control, and version control;(E) describe how project requirements, constraints, and deliverables impact the project schedule and influence and are influenced by an engineering design;(F) explain how a project budget, including materials, equipment, and labor, is developed and maintained; and(G) describe the importance of management of change (MOC) and how MOC applies to project planning.(4) The student explores the origin and application of basic building types. The student is expected to:(A) identify and describe the fundamental parts of a building, including foundations, floors, walls, roof, and utility systems;(B) identify and describe the visual design elements of various building types, including residential, commercial, institutional, and industrial buildings; and(C) research and describe the evolution of the built space and development of building forms.(5) The student understands the properties of common building materials and construction methods. The student is expected to:(A) identify and describe common building materials such as wood, masonry, concrete, metal, glass, aggregate, and plastic;(B) identify and describe common roofing materials such as thatch, wood, metal, sod, and asphalt;(C) describe traditional construction methods such as wood framing, tilt-wall, masonry, and steel;(D) describe contemporary construction methods such as prefabricated, modular, and additive construction (3D printing);(E) identify and describe standard building methods such as casting, cutting, drilling, driving, and fastening for the construction of buildings;(F) research and describe resilient building materials, methods, and costs; and(G) describe how building material selection is impacted influenced by certifications such as Leadership in Energy and Environmental Design (LEED) or Energy Star.(6) The student understands the application of codes and regulations to building projects. The student is expected to:(A) explain the purpose of local building codes, including public health and safety, structural, and utility codes;(B) describe land use regulations to identify zoning ordinances and allowable uses of real property;(C) describe how zoning regulations are used to control land use and development;(D) identify standard accessibility features such as ramps, elevators, parking, handrails, and fire alarm horn strobe as specified in codes and regulations such as the American Disability Act (ADA) and the Texas Accessibility Standards (TAS);(E) explain how codes and building regulations constrain aspects of building design, including the structure, site design, utilities, and building usage;(F) explain how codes and building regulations constrain aspects of building construction, including the structure, site construction, utilities, and building usage; and(G) classify a building according to its use type, occupancy, and construction type using the International Building Code.(7) The student explores the various building systems. The student is expected to:(A) identify and describe various building envelopes such as tilt-wall, glazing, brick, and Exterior Insulation Finishing System (EIFS);(B) describe the components of building envelopes, including foundation, walls, wall openings, roofs, roof penetrations, insulation, and building membranes;(C) research and describe different types of insulating materials;(D) describe different types of windows and doors;(E) identify the main components and describe the purpose of mechanical systems within a building, including heating ventilation and air conditioning (HVAC), air handler, boiler, fire protection and suppression, lift, chilled water equipment, and emergency power systems;(F) describe how programs and certifications such as LEED potentially impact the selection of building systems;(G) identify the main components and describe the purpose of electrical systems within a building, including meters, panels, lighting, receptacles, transformers, generators, and low-voltage systems; and(H) identify the main components and describe the purpose of plumbing systems within a building, including meters, main supply lines, branch lines, sewer lines, traps, risers, fire suppression, appurtenances, and fixtures.(8) The student examines building foundations and structures. The student is expected to:(A) identify and analyze the various types of building foundations, including slab on grade, pier and beam, spread footing, mat footing, drilled piers, pylons, waffle slab, and post-tension slab;(B) classify a soil sample according to grain size and plasticity;(C) calculate the plasticity index of a soil sample;(D) determine the united soil classification system designation from a site soil sample analysis;(E) describe the forces common to structural engineering calculations, including gravity, tension, compression, flexure, and torsion;(F) describe the loads common to structural engineering calculations, including dead load, live load, environmental, and other load paths such as lateral and concentrated;(G) diagram and explain how applied loads and forces are resisted in a structure and transferred to the Earth;(H) diagram a simply supported beam subjected to loading conditions to determine reaction forces;(I) sketch diagrams to determine the maximum shear and moment resulting in the beam;(J) identify the different types of trusses, including simple, planar, and space frame trusses;(K) diagram a truss subjected to loading conditions to determine reaction forces and identify the zero force members;(L) explain why design loads are dictated by building codes;(M) identify the composition and describe the ratios of ingredients in different concrete mixtures;(N) describe the purpose of various concrete admixtures, including air entrainer, reducer, retarder, and accelerator;(O) explain why various admixtures are selected for a project such as curing time, ambient climate, and permeability;(P) conduct concrete compression and splitting-tension tests and compare strength and failures in a concrete mixture; and(Q) analyze a concrete mixture by performing a slump test.(9) The student designs and develops plans for the building systems. The student is expected to:(A) develop a stormwater management system for a building that includes roof drainage calculations, roof drain design, and downspout sizing and location;(B) design ingress and egress for a building that complies with local, state, and federal codes and regulations;(C) develop building design and engineering plans that incorporate energy conservation techniques;(D) recommend and defend an appropriate foundation design for a building type;(E) design, modify, and plan structures using 3D software; (F) construct building drawings using advanced computer-aided design drafting skills;(G) create three-dimensional views of a building design;(H) create three-dimensional solid models of the building; (I) design and present a final effective building design for critique;(J) develop preliminary drawings of a building or structural design;(K) develop a site plan using maximum orientation of the building relative to views, sun, and wind direction;(L) draw schematic site plans, floor plans, roof plans, building elevations, sections, and perspectives using design development techniques;(M) draw scaled wall thickness plans, interior elevations, and sections;(N) develop details, floor and wall sections, ceiling and roof sections, door and window sections, and other sections as required within a building design;(O) review and revise draft construction documents to incorporate results from structural analysis such as beam, truss, and foundation calculations conducted for the project; and(P) review and revise draft construction documents to incorporate results from building system analysis such as mechanical, electrical, and plumbing calculations conducted for the project.(10) The student designs and develops plans for the building site. The student is expected to:(A) identify and describe various site constraints, including utilities, grading, drainage, transportation access, environmental, regulatory requirement, and rights-of-way constraints;(B) explain the purpose of low impact development techniques in site development such as to reduce the impact on stormwater runoff quantity and quality;(C) develop preliminary drawings of a building site design;(D) develop building site design and engineering plans that integrate solutions to site constraints as appropriate;(E) describe how soil characteristics impact building design;(F) determine the type, sizing, and placement of site features, including parking lots, entrance and exits road, pedestrian and handicap access, and storm water facilities, that comply with local codes and regulations;(G) evaluate a site to appropriately locate and orient a building or structure;(H) develop site drawings using advanced computer-aided design drafting skills; and(I) design and present a final effective site design for critique.(11) The student explores construction phase processes for a building design project. The student is expected to:(A) calculate quantities of building components such as the total square units of wall covering, the total cubic units of concrete, linear units of wire, and doors and windows;(B) develop a material quantity take-off for a building project;(C) develop an Opinion of Probable Cost (OPC) for a building project;(D) document elements of the building construction that comply with design criteria such as those outlined in LEED;(E) identify components of a bid tabulation, including item description, material quantity, unit measure, unit price, and total price;(F) compare a project bid tabulation with corresponding construction documents to verify all items are included;(G) create a project bid tabulation;(H) identify and describe the parts of a construction project manual, including invitation to bidders, instruction for bidders, project information, construction contracts, bid tabulation, maintenance bonds, performance bonds, payment bonds, specifications, insurance certificates, and legal requirements; and(I) develop an organizational chart and Gantt chart for the construction of a project.</content><note type="source"><p>Source Note: The provisions of this §127.418 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.419"><num value="127.419">§127.419</num><heading>Surveying and Geomatics (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Algebra I. Recommended prerequisites: Geometry and Introduction to Computer-Aided Design and Drafting. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Students enrolled in Surveying and Geomatics are introduced to the principles and practices essential to the field of surveying. Throughout this course students investigate different tools, applications, and techniques used to capture and process geospatial data. They also use functional mathematics crucial to the profession. Additionally, the course emphasizes the importance of visual representations of data in multiple mediums, ethical considerations, and the legal or regulatory impact of surveying on the community and society.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands that there are different stages of the engineering design process and the importance of working through each stage as part of an iterative process. The student is expected to:(A) explain the importance of defining an engineering problem as an initial step in the engineering design process;(B) describe the research stage of the engineering design process;(C) define ideation and conceptualization and discuss the role these processes play in innovation and problem solving;(D) explain the processes of selecting an idea or concept for detailed prototype design, development, and testing;(E) describe the purpose of non-technical drawings, technical drawings, models, and prototypes in designing a solution to an engineering problem;(F) describe the process of relevant experimental design, conducting tests, collecting data, and analyzing data to evaluate potential solutions;(G) explain how the engineering design process is iterative and the role reflection plays in developing an optimized engineering solution; and(H) describe the purpose of effective communication of the engineering solution as obtained through the engineering design process to various audiences.(2) The student explores and develops skills to solve problems, make decisions, and manage a project. The student is expected to:(A) discuss strategies for managing time, setting deadlines, and prioritizing to accomplish goals;(B) identify constraints and describe the importance of planning around constraints, including budgets, resources, and materials;(C) define milestones and deliverables and explain the advantages of dividing a large project into smaller milestones and deliverables;(D) identify different types of communication and explain how different types of communication lead to successful teamwork on a shared project in a professional setting; and(E) identify strategies to solve problems and describe how problem solving is utilized to accomplish personal and team objectives. (3) The student understands the foundations of occupational safety and health. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health in the workplace and the rights of workers to a secure workplace;(B) explain and discuss the importance of Occupational Safety and Health Administration (OSHA) standards and OSHA requirements for organizations, how OSHA inspections are conducted, and the role of national and state regulatory entities;(C) explain the role industrial hygiene plays in occupational safety and explain various types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(D) identify and explain the appropriate use of types of personal protective equipment used in industry;(E) discuss the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(F) describe types of electrical hazards in the workplace and the risks associated with these hazards and describe control methods to prevent electrical hazards in the workplace;(G) analyze the hazards of handling, storing, using, and transporting hazardous materials and identify and discuss ways to reduce exposure to hazardous materials in the workplace;(H) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and discuss how these resources are used to make decisions in the workplace;(I) describe the elements of a safety and health program, including management leadership, worker participation, and education and training;(J) explain the purpose and importance of written emergency action plans and fire protection plans and describe key components of each such as evacuation plans and emergency exit routes, list of fire hazards, and identification of emergency personnel;(K) explain the components of a hazard communication program; and(L) explain and give examples of safety and health training requirements specified by standard setting organizations.(4) The student examines the functional mathematics of surveying. The student is expected to:(A) calculate central tendencies of a given data set, including mean, median, and mode;(B) calculate standard deviation of a given data set;(C) identify parts of a normal distribution curve;(D) define the Empirical Rule and analyze the distribution of a data set using the Empirical Rule;(E) define systematic and random error;(F) identify and describe the relationship between accuracy and precision;(G) identify the types and properties of various polygons; (H) solve for the parts of a triangle, including Pythagorean theorem, sine, cosine, tangent, arcsine, arccosine, and arctangent;(I) identify the properties of circles;(J) solve for the parts of a unit circle, including diameter, radius, circumference, area, chord, arclength, delta, and tangent;(K) identify and solve for linear functions, including standard form, slope-intercept form, point-slope form, and the distance between two points, on a Cartesian Coordinate System; and(L) identify and solve for volumetric calculations of three-dimensional shapes, including a cylinder, sphere, rectangular prisms, trapezoidal prisms, and triangular prisms.(5) The student researches and understands global positioning systems (GPS) used in surveying. The student is expected to:(A) identify and explain data terminology related to GPS such as latitude, longitude, datum, ellipsoid, geoid, orthometric height, World Geodetic System 1984, Earth Centered Earth Fixed (ECEF), 3D coordinate geometry, and state plane coordinate system;(B) explain the different types and applications of GPS surveying, including static, differential, and real-time kinematic (RTK);(C) tie down a point and derive a geographic latitude and longitude coordinate using GPS;(D) identify and explain GPS components, including the space segment, control segment, and the user segment;(E) describe the functions of a GPS satellite;(F) describe the functions of GPS ground stations;(G) describe the functions of GPS receivers; and(H) generate a map using geodetic coordinates.(6) The student researches and understands the industry standard methods and means of collecting various topographical data used in the civil engineering and construction professions. The student is expected to:(A) research and explain the components of optomechanical equipment, including vertical and horizontal plates and optics;(B) explain the types of optomechanical equipment, including theodolite, level, and total station, and their application;(C) explain methods of remote sensing, including unmanned aerial vehicle (UAV), light detection and ranging (LiDAR), sonar, ground penetrating radar, underwater remotely operated vehicle (ROV), photogrammetry, and gravity satellite;(D) identify the tools used to make distance measurements, including steel tape, electric distance meter, pacing, odometer, stadia, and estimating;(E) explain the various methods to measure the distance between two points on the surface of the Earth;(F) measure the distance between two points on the surface of the Earth using different methods and tools;(G) compare the data collected from different methods used to measure the distance between two points on the surface of the Earth for accuracy;(H) identify the tools used to make angular measurements, including protractor, compass, theodolite, total station, and estimating; (I) explain the various methods to measure the angle between two vectors;(J) measure the angle between two vectors using different methods and tools;(K) compare the data collected from different methods used to measure the angles between two vectors for accuracy;(L) describe the use of control points and National Geodetic Survey (NGS) monuments;(M) identify the tools used to measure elevation, including level, theodolite, total station, barometer, and estimating;(N) measure and calculate the height of an object using a theodolite;(O) establish the elevation of a point assuming the elevation of a relative point is zero using various methods and tools;(P) compare the data collected from different methods used to measure elevation between two points for accuracy;(Q) identify and adhere to regulations of UAV piloting and control specified by the Federal Aviation Administration Small UAS Rule (Part A107); and(R) explain the purposes of specialized surveys used in engineering, including engineering topographic, control, construction, boundary, hydrographic, optical tooling, American Land Title Association (ALTA), photogrammetric, and as-built survey.(7) The student records meta-data associated with surveying measurements and data collection. The student is expected to:(A) create and maintain field notes within a comprehensive field book that includes a cover page and field data;(B) describe the necessary components of a field book cover page, including weather data, project site data, personnel data, equipment data, and type of survey conducted; and(C) record surveying information in a field book, including differential level notes, collected horizontal and vertical angles, site sketches, and topographic data.(8) The student researches and understands the industry standard methods and means of analyzing various topographical data used in the civil engineering and construction professions. The student is expected to:(A) explain the process to generate a control survey;(B) identify and explain symbols found on survey drawings; and(C) identify and describe software used to create drawings and analyze survey data.(9) The student develops and communicates visual representations of topographical data used in civil engineering and construction documentation and presentations. The student is expected to:(A) explain the process of drafting a construction document to scale;(B) determine and demonstrate which scale best fits a standard size drawing sheet;(C) explain the relationship between a construction document's specifications, plans, legend, and scale;(D) explain the difference between grid and surface distances;(E) identify the local scale factor that transforms collected grid distances to surface distances for a given survey;(F) generate a scaled topography map using collected field data;(G) create a surface profile from a baseline drawn on a topographic map; and(H) stake out points from design files, maps, or real-property descriptions.(10) The student explores how a practicing surveyor follows in the footsteps of the original surveyor. The student is expected to:(A) explain why and how surveyors defer to the work of existing surveys;(B) define boundary monumentation;(C) research and explain natural and artificial monuments; (D) explain the methods to adjust real-property boundaries for the change in natural monuments over time, including riparian and littoral boundaries;(E) interpret a legal description of a real property;(F) identify an original survey boundary by conducting land record research using the Texas General Land Office (GLO);(G) explain the historical significance of land grants in Texas;(H) explain how a boundary survey protects the public;(I) create a property boundary drawing using collected field data; and(J) explain the dignity of calls, including natural objects, artificial objects, courses, distances, and acreage, as specified in Texas Administrative Code, Title 31, Part 1, Chapter 7, §7.5 (relating to Dignity of Calls).(11) The student understands the different methods of measurements and associated errors. The student expected to:(A) define the different units of linear measurement, including U.S. feet, international feet, chains, rod, mile, fathom, furlong, varas, and metric units, commonly used in the surveying and civil engineering industry;(B) define the different units of angular measurement, including vertical angles, horizontal angles, bearings, azimuths, degrees-minutes-seconds, decimal degrees, seconds of arc, and gradians;(C) define the different units of volumetric measurement, including cubic feet, cubic yards, tons, and acre-feet;(D) calculate and define area measurements such as acre, hectare, square feet, square mile, league, or sitio;(E) convert linear, angular, and area measurements between different units;(F) determine a change in elevation between two or more points by performing a differential level loop;(G) measure the distance between two or more points using industry acceptable methods such as taping, electronic distance meter, total station, pacing, odometer, tacheometry, GPS, and stadia;(H) compare the errors from two or more methods of calculating the distance between two or more points; and(I) calculates various types of errors associated with survey data.(12) The student researches and understands surveying and geomatics throughout history. The student is expected to:(A) explain how Eratosthenes first derived the circumference of the Earth;(B) research and describe the change in methods and precision used to calculate the circumference of the Earth; and(C) describe the surveying that contributed to great works of civil engineering before and after the Age of Exploration.(13) The student researches and understands the code of ethics pertaining to civil engineering and surveyors. The student is expected to:(A) research and identify the legal definitions and descriptions surveyors use to delineate and report survey data; and(B) research and identify engineering ethics established by the Texas Engineering Practice Act and rules concerning the practice of engineering and surveying.</content><note type="source"><p>Source Note: The provisions of this §127.419 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.452"><num value="127.452">§127.452</num><heading>Practicum in Engineering (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisites: Algebra I and Geometry and a minimum of two credits with at least one course in a Level 2 or higher course from the Engineering Career Cluster.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Practicum in Engineering is designed to give students supervised practical application of knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experiences such as employment, independent study, internships, assistantships, mentorships, or laboratories. To prepare for careers in engineering, students must attain academic knowledge and skills, acquire technical knowledge and skills related to the workplace, and develop knowledge and skills regarding career opportunities, entry requirements, and industry expectations. To prepare for success, students need opportunities to learn, reinforce, apply, and transfer their knowledge and skills and technologies in a variety of settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how a professional engineer serves the local and global community. The student is expected to:(A) research and identify student and professional engineering organizations and the benefits of membership such as networking platforms, training and educational opportunities, and participating in community initiatives;(B) explain an engineer's role and how various engineering roles serve the organization, community, and society; and(C) evaluate how the work of student or professional engineering organizations impact the local or global community such as recommended practices and issuing standards.(3) The student uses critical thinking and problem solving in the work-based learning experience. The student is expected to:(A) conduct technical research to gather information, identify gaps, and make decisions in the work-based learning experience;(B) develop creative and innovative solutions to problems in the work-based learning experience;(C) analyze and compare alternative designs for an effective solution to a problem in the work-based learning experience; and(D) evaluate and present solutions to problems in the work-based learning experience.(4) The student understands and demonstrates how effective leadership and teamwork skills enable the accomplishment of goals and objectives. The student is expected to:(A) analyze leadership characteristics such as trustworthiness, positive attitude, integrity, and work ethic;(B) explain and demonstrate effective characteristics of teamwork;(C) explain and demonstrate responsibility for shared group and individual work tasks in the work-based learning experience;(D) describe and analyze how strategies such as meeting deadlines, showing respect for all individuals, and communicating clearly and timely contribute to effective working relationships and accomplishing objectives; and(E) research and identify opportunities to participate in extracurricular engineering activities.(5) The student demonstrates oral and written communication skills in delivering and receiving information and ideas. The student is expected to:(A) apply appropriate content knowledge, technical concepts, and vocabulary to analyze information and follow directions;(B) use professional communication skills such as using technical terminology, email etiquette, and following the organization or team communication plan and hierarchy when delivering and receiving information in the work-based learning experience;(C) identify and analyze information contained in informational texts, internet sites, or technical materials in the work-based learning experience;(D) describe and analyze verbal and nonverbal cues and behaviors such as body language, tone, and interrupting to enhance communication in the work-based learning experience; and(E) apply active listening skills to receive and clarify information in the work-based learning experience.(6) The student reflects on the work-based learning experience to prepare for postsecondary and employment success. The student is expected to:(A) assess and evaluate personal strengths and weaknesses in knowledge and skill proficiency and contributions to a project related to the work-based learning experience;(B) develop and maintain a professional portfolio to include:(i) attainment of technical skill competencies;(ii) licensures or certifications;(iii) recognitions, awards, and scholarships;(iv) extended learning experiences such as community service and active participation in career and technical student organizations and professional organizations;(v) abstract of key points of the practicum;(vi) resume;(vii) samples of work; and(viii) evaluation from the practicum supervisor; and(C) present the professional portfolio to interested stakeholders.(7) The student develops a presentation describing the culmination of skills and knowledge gained from the work-based learning experience. The student is expected to:(A) develop a professional presentation to display and communicate the work-based learning experience, including goals and objectives, levels of achievement, skills and knowledge gained, areas for improvement and personal growth, challenges encountered throughout the experience, and a plan for future goals;(B) identify an appropriate audience and coordinate the presentation of findings related to the work-based learning experience; (C) present findings in a professional manner using concise language, engaging content, relevant media, and clear speech; and(D) analyze feedback received from a presentation.</content><note type="source"><p>Source Note: The provisions of this §127.452 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scI/s127.453"><num value="127.453">§127.453</num><heading>Extended Practicum in Engineering (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Engineering Career Cluster. Prerequisites: Algebra I and Geometry and a minimum of two credits with at least one course in a Level 2 or higher course from the Engineering Career Cluster. This course must be taken concurrently with Practicum in Engineering and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Engineering Career Cluster focuses on planning, designing, testing, building, and maintaining machines, structures, materials, systems, and processes using empirical evidence and science, technology, and math principles. This career cluster includes occupations ranging from mechanical engineer and drafter to electrical engineer and mapping technician.(3) Extended Practicum in Engineering is designed to give students supervised practical application of previously studied knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches and describes ethics pertaining to engineering. The student is expected to explain how engineering ethics as defined by the Texas Board of Professional Engineers and Land Surveyors apply to engineering practice.(2) The student understands how a professional engineer serves the local and global community. The student is expected to:(A) research and identify student and professional engineering organizations and the benefits of membership such as networking platforms, training and educational opportunities, and participating in community initiatives;(B) explain an engineer's role and how various engineering roles serve the organization, community, and society; and(C) evaluate how the work of student or professional engineering organizations impact the local or global community such as recommended practices and issuing standards.(3) The student uses critical thinking and problem solving in the work-based learning experience. The student is expected to:(A) conduct technical research to gather information, identify gaps, and make decisions in the work-based learning experience;(B) develop creative and innovative solutions to problems in the work-based learning experience;(C) analyze and compare alternative designs for an effective solution to a problem in the work-based learning experience; and(D) evaluate and present solutions to problems in the work-based learning experience.(4) The student understands and demonstrates how effective leadership and teamwork skills enable the accomplishment of goals and objectives. The student is expected to:(A) analyze leadership characteristics such as trustworthiness, positive attitude, integrity, and work ethic;(B) explain and demonstrate effective characteristics of teamwork;(C) explain and demonstrate responsibility for shared group and individual work tasks in the work-based learning experience;(D) describe and analyze how strategies such as meeting deadlines, showing respect for all individuals, and communicating clearly and timely contribute to effective working relationships and accomplishing objectives; and(E) research and identify opportunities to participate in extracurricular engineering activities.(5) The student demonstrates oral and written communication skills in delivering and receiving information and ideas. The student is expected to:(A) apply appropriate content knowledge, technical concepts, and vocabulary to analyze information and follow directions;(B) use professional communication skills such as using technical terminology, email etiquette, and following the organization or team communication plan and hierarchy when delivering and receiving information in the work-based learning experience;(C) identify and analyze information contained in informational texts, internet sites, or technical materials in the work-based learning experience;(D) describe and analyze verbal and nonverbal cues and behaviors such as body language, tone, and interrupting to enhance communication in the work-based learning experience; and(E) apply active listening skills to receive and clarify information in the work-based learning experience.(6) The student reflects on the work-based learning experience to prepare for postsecondary and employment success. The student is expected to:(A) assess and evaluate personal strengths and weaknesses in knowledge and skill proficiency and contributions to a project related to the work-based learning experience;(B) develop and maintain a professional portfolio to include:(i) attainment of technical skill competencies;(ii) licensures or certifications;(iii) recognitions, awards, and scholarships;(iv) extended learning experiences such as community service and active participation in career and technical student organizations and professional organizations;(v) abstract of key points of the practicum;(vi) resume;(vii) samples of work; and(viii) evaluation from the practicum supervisor; and(C) present the professional portfolio to interested stakeholders.(7) The student develops a presentation describing the culmination of skills and knowledge gained from the work-based learning experience. The student is expected to:(A) develop a professional presentation to display and communicate the work-based learning experience, including goals and objectives, levels of achievement, skills and knowledge gained, areas for improvement and personal growth, challenges encountered throughout the experience, and a plan for future goals;(B) identify an appropriate audience and coordinate the presentation of findings related to the work-based learning experience; (C) present findings in a professional manner using concise language, engaging content, relevant media, and clear speech; and(D) analyze feedback received from a presentation.</content><note type="source"><p>Source Note: The provisions of this §127.453 adopted to be effective August 1, 2025, 50 TexReg 4876.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scJ"><num value="J">SUBCHAPTER J</num><heading>HEALTH SCIENCE</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.461"><num value="127.461">§127.461</num><heading>Principles of Health Science (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) The Principles of Health Science course is designed to provide an overview of the therapeutic, diagnostic, health informatics, support services, and biotechnology research and development systems of the health care industry.(4) To pursue a career in the health science industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) Professional integrity in the health science industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mathematics, science, English language arts, and social studies in health science. The student is expected to:(A) convert units between systems of measurement;(B) apply data from tables, charts, and graphs to provide solutions to health-related problems;(C) interpret technical material related to the health science industry;(D) organize, compile, and write ideas into reports and summaries;(E) plan and prepare effective oral presentations;(F) formulate responses using precise language to communicate ideas;(G) describe biological and chemical processes that maintain homeostasis;(H) identify and analyze principles of body mechanics and movement such as forces and the effects of movement, torque, tension, and elasticity on the human body;(I) identify human needs according to Maslow's Hierarchy of Human Needs;(J) describe the stages of development related to the life span;(K) identify the concepts of health and wellness throughout the life span;(L) analyze and evaluate communication skills for maintaining healthy relationships throughout the life span;(M) research the historical significance of health care;(N) describe the impact of health services on the economy; (O) analyze the impact of local, state, and national government on the health science industry;(P) identify diverse and cultural influences that have impacted contemporary aspects of health care delivery; and(Q) research and compare practices used by various cultures and societies to solve problems related to health.(2) The student uses verbal and nonverbal communication skills. The student is expected to:(A) identify components of effective and non-effective communication;(B) demonstrate effective communication skills for responding to the needs of individuals in a diverse society;(C) evaluate the effectiveness of conflict-resolution techniques in various situations; and(D) accurately interpret, transcribe, and communicate medical vocabulary using appropriate technology.(3) The student implements the leadership skills necessary to function in a democratic society. The student is expected to:(A) identify traits of a leader;(B) demonstrate leadership skills, characteristics, and responsibilities of leaders such as goal-setting and team building; and(C) demonstrate the ability to effectively conduct and participate in meetings.(4) The student assesses career options and the preparation necessary for employment in the health science industry. The student is expected to:(A) locate, evaluate, and interpret career options and employment information; and(B) recognize the impact of career decisions, including the causes and effects of changing employment situations.(5) The student identifies academic preparation and skills necessary for employment as defined by the health science industry. The student is expected to identify academic requirements for professional advancement such as certification, licensure, registration, continuing education, and advanced degrees.(6) The student identifies the career pathways related to health science. The student is expected to:(A) compare health science careers within the diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems; and(B) identify the collaborative role of team members between systems to deliver quality health care.(7) The student examines the role of the multidisciplinary team in providing health care. The student is expected to:(A) explain the concept of teaming to provide quality health care; and(B) examine the role of professional organizations in the preparation and governance of credentialing and certification.(8) The student interprets ethical behavior standards and legal responsibilities. The student is expected to:(A) compare published professional codes of ethics and scope of practice;(B) explain principles of ethical behavior and confidentiality, including the consequences of breach of confidentiality;(C) discuss ethical issues related to health care, including implications of technological advances;(D) examine issues related to malpractice, negligence, and liability; and(E) research laws governing the health science industry.(9) The student recognizes the rights and choices of the individual. The student is expected to:(A) identify situations related to autonomy;(B) identify wellness strategies for the prevention of disease;(C) evaluate positive and negative effects of relationships on physical and emotional health such as peers, family, and friends in promoting a healthy community;(D) review documentation related to rights and choices; and(E) demonstrate an understanding of diversity and cultural practices influencing contemporary aspects of health care.(10) The student recognizes the importance of maintaining a safe environment and eliminating hazardous situations. The student is expected to:(A) identify governing regulatory agencies such as the World Health Organization, Centers for Disease Control and Prevention, Occupational Safety and Health Administration, U.S. Food and Drug Administration, Joint Commission, and National Institute of Health;(B) identify industry safety standards such as standard precautions, fire prevention and safety practices, and appropriate actions to emergency situations; and(C) relate safety practices in the health science industry. (11) The student identifies the technology used in the diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems. The student is expected to:(A) research and identify technological equipment used in the diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems;(B) identify potential malfunctions of technological equipment; and(C) recognize and explain the process for reporting equipment or technology malfunctions.</content><note type="source"><p>Source Note: The provisions of this §127.461 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.462"><num value="127.462">§127.462</num><heading>Principles of Bioscience (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development. (3) Principles of Bioscience provides an overview of biotechnology, bioengineering, and related fields. Topics related to genetics, proteins, and nucleic acids reinforce the applications of Biology content. Students will further study the increasingly important agricultural, environmental, economic, and political roles of bioenergy and biological remediation; the roles of nanoscience and nanotechnology in biotechnology medical research; and future trends in biological science and biotechnology.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores biotechnology career opportunities. The student is expected to:(A) determine interests in the field of biotechnology through explorations such as career assessments, interactions with biotechnology professionals, media, and literature;(B) identify career options in the field of biotechnology; (C) identify reliable sources of career information;(D) research and communicate interests, knowledge, educational level, abilities, and skills needed in a biotechnology-related occupation;(E) identify conventional and non-conventional career opportunities that match interests and aptitudes;(F) research applications of biotechnology in medicine, the environment, and settings such as pharmaceutical, agricultural, and industrial;(G) use technology to research biotechnology topics, including identifying and selecting appropriate scholarly references; and(H) analyze and discuss professional publications such as academic and peer-reviewed journals and technical reports.(2) The student evaluates ethical and legal issues in biotechnology. The student is expected to:(A) identify current ethical and legal issues;(B) describe the history of biotechnology and related ethical and legal issues;(C) discuss legal and technology issues for at least two biotechnology-related areas; and(D) analyze examples of biotechnology views supported by objective and subjective sources such as scientific data, economic data, and sociocultural contexts.(3) The student examines federal, state, local, and industry regulations as applied to biotechnological processes through researching credible sources. The student is expected to:(A) identify local, state, and federal agencies responsible for regulating the biotechnology industry such as the U.S. Department of Agriculture (USDA), the Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC);(B) identify professional organizations participating in the development of biotechnology policies;(C) identify and define terms related to biotechnology regulations such as Good Laboratory Practices (GLP), Good Manufacturing Practices (GMP), and Globally Harmonized System (GHS); and(D) outline the methods and procedures used in biotechnology laboratories to follow local, state, and federal regulations such as those in the agricultural and health areas.(4) The student demonstrates knowledge of the business climate for biotechnology industry sectors in the current market. The student is expected to:(A) identify professional publications;(B) identify the various biotechnology industry sectors;(C) investigate and report on career opportunities in the biotechnology industry sectors; and(D) identify professional organizations such as those at the local, state, and national levels.(5) The student researches and exhibits employability skills that support a career in the biotechnology industry. The student is expected to:(A) demonstrate verbal, non-verbal, written, and electronic communication skills;(B) demonstrate skills used to secure and maintain employment;(C) demonstrate appropriate workplace etiquette;(D) display productive work habits and attitudes; and(E) identify appropriate safety equipment and practices as outlined in Texas Education Agency-approved and industry-approved safety standards such as the use of personal protective equipment (PPE) and safety data sheets (SDS).(6) The student investigates how biotechnology impacts the origins of waste and resource recovery. The student is expected to:(A) identify biotechnology manufacturing processes and their end products, including waste and marketable products;(B) explore the impacts of waste on biotic and abiotic factors in the environment such as effects on biological life cycles and pollution from nonbiodegradable single-use materials and microplastics; (C) analyze the results of manufacturing refuse;(D) explain the negative impacts of waste with respect to the individual, society, and the global population;(E) investigate solutions to waste through bioremediation; and(F) investigate evidence supporting waste management through regulations, public policy, and technology development.(7) The student examines the relationship of biotechnology to the development of commercial products. The student is expected to:(A) identify applications of agricultural biotechnology such as selective breeding of livestock and plants, aquaculture, horticultural products, and genetically modified organisms;(B) identify applications of industrial biotechnology such as fermented food and beverages, genetically engineered proteins for industry, biocatalysts, bio polymers, biosensors, bioremediation, and biofuels;(C) identify applications of medical and pharmaceutical biotechnology such as genetically modified cells, antibodies, vaccine and gene therapy, genetic testing for human disease/disorders, three-dimensional bio-printing, and medicines from plants, animals, fungi, and bacteria;(D) identify applications of research and development in biotechnology such as deoxyribonucleic acid (DNA) and protein synthesis and sequencing, genetic testing and screening, DNA identification, RNAi, siRNA, miRNA, the CRISPR/Cas9 system, and synthetic biology;(E) identify the applications of biotechnology in the fields of forensics, law enforcement, nanotechnology, and bioinformatics; (F) research ethical considerations, laws, and regulations for biotechnological applications such as bioinformatics, genetic engineering, and nanotechnology; and(G) identify the function of laboratory equipment, including a microscope, thermocycler, pH meter, hot plate stirrer, electronic balance, autoclave, centrifuge, transilluminator, micropipette, incubator, electrophoresis unit, vortex mixer, water bath, laboratory glassware, biosafety cabinet, and chemical fume hood.</content><note type="source"><p>Source Note: The provisions of this §127.462 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.472"><num value="127.472">§127.472</num><heading>Introduction to Pharmacy Science (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Introduction to Pharmacy Science course is designed to provide an overview of the history of the pharmacy profession, legal and ethical aspects of pharmacy, and the skills necessary to work in the field of pharmacy. The course addresses certifications/registration and state and federal regulations and rules pertaining to the field. Students acquire a foundational understanding of medical terminology and math, anatomy and physiology, pathophysiology, pharmacology, and wellness as they pertain to pharmacy sciences.(A) To pursue a career in the health science industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality healthcare depends on the ability to work well with others.(B) Professional integrity in the health science industry is dependent on acceptance of ethical responsibilities. Students employ their ethical responsibilities, recognize limitations, and understand the implications of their actions.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches the history of medicine and pharmacy and how it compares to modern practices. The student is expected to:(A) identify beliefs associated with illness and medicine from 440 BC through AD 1600;(B) discuss supernatural explanations for illness and describe treatments, including herbal remedies, that were common prior to the Enlightenment period in Western Civilization;(C) describe the advancements of the Enlightenment Period in Western Civilization in medical science;(D) describe eighteenth and nineteenth century medicine, including bloodletting, purging, blistering, inoculation, amputation, and surgery and how major wars influenced medicine; and(E) identify the pharmacological and medical advancements in the United States of America and Texas and their benefits.(2) The student explains the ethical and legal responsibilities of pharmacists and pharmacy technicians. The student is expected to:(A) describe basic laws and regulations that govern pharmacy at the state and federal level;(B) describe legal terms, including medical malpractice, negligence, mislabeling, adverse drug event (ADE), and wrongful death, and consequences associated with medication errors, including civil lawsuits, professional disciplinary action, and criminal charges, related to dispensing and compounding medications;(C) differentiate between negligence, product liability, contributory negligence, and strict liability;(D) differentiate between the roles and responsibilities of a pharmacist and a pharmacy technician;(E) explain the role of pharmacists in managing opioid therapies, addressing misuse, and promoting safe and effective pain management;(F) describe why maintaining confidentiality of patient information is vital and summarize the Health Insurance Portability and Accountability Act (HIPAA);(G) identify tort law and explain how HIPAA relates to medical negligence cases; and(H) define professional liability.(3) The student demonstrates professionalism and effectively communicates with healthcare workers and patients. The student is expected to:(A) define appropriate and professional attire required for laboratory work;(B) describe appropriate hygiene expected of pharmaceutical professionals;(C) discuss professional attitudes and behaviors expected of pharmacy employees;(D) identify the key characteristics of effective and ineffective communication in pharmacy practice;(E) accurately interpret, transcribe, and communicate medical vocabulary using appropriate technologies;(F) identify ways to eliminate barriers to effective communication in a pharmacy setting; and(G) identify communication skills needed to work with individuals who are terminally ill, intellectually disabled or hearing and vision impaired or have other impairments in a pharmacy setting.(4) The student examines skills, training, and certifications necessary to work in the field of pharmacy. The student is expected to:(A) explain how time management, stress management, and change management skills can support the ability to thrive in a continuously evolving pharmacy profession;(B) analyze applicability of interpersonal skills, including negotiation skills, conflict resolution, customer service, and teamwork within a pharmacy setting;(C) demonstrate problem-solving skills by developing and implementing effective solutions to pharmacy challenges within a specified time frame;(D) examine the minimum practice standards set by the Texas State Board of Pharmacy (TSBP) for retail and independent pharmacies and identify the similarities and differences between the two practices;(E) explain methods to maintain competency in the pharmacy industry through continuing education and continuing professional development; and(F) compare various career paths in pharmacy, including pharmacist, pharmacy technician, sales representative, and pharmaceutical research.(5) The student uses appropriate medical vocabulary to communicate effectively with other healthcare professionals. The student is expected to:(A) identify the various routes of drug medication administration, including oral, injection, topical, buccal, suppository, mucosal, intravenous, interosseous, nebulization, and intrathecal;(B) differentiate between the various classes of drugs;(C) define prefixes, roots, suffixes, and abbreviations common to the pharmacy profession;(D) define common terms associated with pharmacology; and(E) apply knowledge of word roots, prefixes, and suffixes to comprehend unfamiliar terms in pharmacy science.(6) The student uses mathematical calculations and systems of measurement to solve problems in pharmacy. The student is expected to:(A) perform medication calculations using different systems of measurement, including metric, apothecary, and household systems;(B) convert units within and between the metric and imperial measurement systems;(C) convert measurements between the metric, apothecary, and avoirdupois systems; and(D) perform multistep ratio and proportion drug concentration problems.(7) The student understands the fundamental principles of human anatomy, physiology, pathophysiology, and basic pharmacology. The student is expected to:(A) describe the anatomy and physiology of the human body systems, including integumentary, musculoskeletal, nervous, immune, lymphatic, endocrine, cardiovascular, respiratory, gastrointestinal, renal, genitourinary, and hematological systems, and the senses;(B) describe the pathophysiology of the main human body systems, including integumentary, musculoskeletal, nervous, immune, lymphatic, endocrine, cardiovascular, respiratory, gastrointestinal, renal, genitourinary, and hematological systems, and the senses; and(C) identify the basic drug categories that affect each of the main human body systems, including integumentary, musculoskeletal, nervous, immune, lymphatic, endocrine, cardiovascular, respiratory, gastrointestinal, renal, genitourinary, and hematological systems, and the senses.(8) The student explores the application of basic wellness concepts and disease prevention strategies. The student is expected to:(A) describe the recommended vaccination schedule, including how to counsel on recommendations for patient populations with certain chronic illnesses;(B) explain vaccine exemptions, including medical, religious belief, and conscientious exemptions, and patients' rights to opt out of vaccine reporting;(C) explain standard procedures for delivery and documentation of immunizations;(D) analyze and discuss data related to vaccine injuries and adverse impacts using the federal government's Vaccine Adverse Events Reporting System (VAERS);(E) analyze the effectiveness and safety of complementary and alternative medicines (CAM) such as acupuncture, acupressure, cupping, and coining and CAM's potential impact on traditional medical treatments;(F) explain the role of health screenings in maintaining a healthy population;(G) research and describe the impact of external factors such as diet, exercise, alcohol, tobacco, vaping, and drug use on patient health; and(H) explain the role of medication therapy management (MTM) in optimizing patient health and medication compliance.(9) The student understands pharmaceutical regulations that are enforced by state and federal agencies. The student is expected to:(A) define Occupational Safety and Health Administration (OSHA) requirements for prevention of exposure to hazardous substances, including risk assessment;(B) define National Institute of Occupational Safety and Health (NIOSH) requirements for prevention of exposure to hazardous substances, including risk assessment;(C) define United States Pharmacopeia (USP) requirements for prevention of exposure to hazardous substances, including risk assessment;(D) identify hazardous medications and materials and how to safely handle, dispense, and dispose of them using information from Safety Data Sheets (SDS), NIOSH Hazardous Drug List, and USP;(E) describe requirements for prevention and response to blood-borne pathogen exposure, including accidental needle stick and post-exposure prophylaxis; and(F) explain OSHA Hazard Communication Standards.</content><note type="source"><p>Source Note: The provisions of this §127.472 adopted to be effective February 24, 2026, 51 TexReg 1124.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.474"><num value="127.474">§127.474</num><heading>Mathematics for Medical Professionals (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for student in Grades 11 and 12. Prerequisites: Geometry and Algebra II. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Mathematics for Medical Professionals course is designed to serve as the driving force behind the Texas essential knowledge and skills for mathematics, guided by the college and career readiness standards. By embedding statistics, probability, and finance, while focusing on fluency and solid understanding in medical mathematics, students will extend and apply mathematical skills necessary for health science professions. Course content consists primarily of high school level mathematics concepts and their applications to health science professions.(4) The mathematical process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in health science professionsÍ¾(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solutionÍ¾(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems in health science professionsÍ¾(D) communicate mathematical ideas, reasoning, and their implications to the health science field using multiple representations, including symbols, diagrams, graphs, and language as appropriateÍ¾ (E) create and use representations to organize, record, and communicate mathematical ideas in health science professionsÍ¾ (F) analyze mathematical relationships to connect and communicate mathematical ideas in health science professionsÍ¾ and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication as it applies to health science professions.(2) The student generates deeper mathematical understandings through problems involving numerical data that arise in health science professions. The student extends existing knowledge and skills to analyze real-world clinical situations. The student is expected to:(A) add, subtract, multiply, and divide rational numbers fluently in problem-solving situations related to health science professionsÍ¾ (B) keep track of and manage inventory using the First In, Last Out (FILO) conceptÍ¾(C) solve health science related problems involving ratios, rates, and percentages accurately and precisely, including lab analysis, body fluid analysis, vital signs, medication dosages and administration, growth charts, body surface area, parenteral solutions and data collection related to homeostasisÍ¾(D) learn to read and use military time fluently for health science situations, including medication administration, scheduling, and documentationÍ¾(E) apply appropriate estimation techniques used in health science professions to estimate percent and then confirm those estimates with calculationsÍ¾ and(F) read and determine accurate numerical value of Roman numerals as used in the health science professions, including cranial nerves.(3) The student applies the process standards in mathematics to create and analyze mathematical models of health science situations to make informed decisions related to improved health care outcomes by appropriate, proficient, and efficient use of tools, including technology. The student judges the validity of a prediction and uses mathematical models to represent, analyze, and solve dynamic health care problems. The student is expected to:(A) collect data to create a scatterplot and apply various functions to model the data in an effort to interpret results and make predictions in health science situations such as interpreting growth charts, interpreting disease and mortality rates, and diagnosing and determining treatment modalitiesÍ¾(B) create, represent, and analyze appropriate mathematical functions such as linear, quadratic, exponential, logarithmic, and sinusoidal functions used to model, interpret and predict situations that occur in health science professions such as supply and demand, inventory control, and cost analysis within clinical situationsÍ¾ (C) determine or analyze an appropriate sinusoidal model for health science situations that can be modeled with periodic functions, including those related to electrocardiograms (EKG), repolarization of the heart, and medication dosage and administrationÍ¾(D) write and solve systems of equations, especially those representing mixtures, which apply to health science situations, including intravenous (IV) solutions and medication dosagesÍ¾ (E) use properties of logarithmic and exponential functions to solve equations related to health science situations such as determining the pH of a solution, the concentration of hydrogen ions (H+) given the pH, calculating the absorbance and transmittance, and determining exponential growth and decayÍ¾ and(F) calculate accurate and precise unit rates used in health science situations.(4) The student applies mathematical process standards to obtain accurate and precise measurements. The student is expected to:(A) define each of the health science professions that require a unique set of measurement or calculation standards and explain or identify the importance of each measurement system (apothecary, metric, household systems)Í¾(B) explain the necessity of obtaining accurate measurements in the health science professionsÍ¾(C) use dimensional analysis with precision and accuracy in performing unit conversions from one measurement system to another, including the use of proportions and unit rates in pharmacologyÍ¾ (D) classify the specific system to which a given unit belongs and explain its similarity or differences to units in other measurement systemsÍ¾(E) select and use appropriate measurement tools used in health science professions such as rulers, tape measures, thermometers, syringes, scales, and sphygmomanometer gauges to obtain accurate and precise measurementsÍ¾ and(F) select and use appropriate measurement techniques used in health science professions to obtain accurate and precise measurements, including determining measures for medication, nutrition, fluids, and homeostasis.(5) The student applies mathematical process standards to analyze statistical information used in health science professions. The student is expected to:(A) obtain and analyze lab reports to evaluate if values lie outside normal parameters;(B) obtain and analyze vital signs by comparing to normal parametersÍ¾(C) calculate and apply measures of central tendency in application problems in the health science fieldÍ¾(D) demonstrate an understanding of the significance of the normal distributionÍ¾(E) demonstrate an understanding of and apply the Empirical Rule to find probabilities from normal distributionsÍ¾(F) calculate and use the z-score to calculate standard deviation of a normal distribution using a formulaÍ¾(G) calculate the percentile rank for a given score using a formulaÍ¾(H) describe characteristics of well-designed and well-conducted experiments, observational studies, and surveys in the health science field, including the ethical issues associated with eachÍ¾(I) distinguish between populations and samplesÍ¾ (J) explain placebo and placebo effectÍ¾ and(K) define epidemiology and its extension of statistical procedures to public health issues.(6) The student applies mathematical process standards to solve geometric problems arising in health science professions. The student is expected to:(A) calculate volumes of various liquids and solids encountered in health science professions, including irregularly shaped solids, using formulas and geometric reasoningÍ¾(B) calculate surface area of various surfaces encountered in health science professions, including body surface area, using formulas and geometric reasoningÍ¾(C) calculate appropriate angles encountered in health science professions such as medication administration, body positioning, and physical therapy using geometric reasoningÍ¾ and(D) calculate and analyze range of motion using a goniometer.</content><note type="source"><p>Source Note: The provisions of this §127.474 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.475"><num value="127.475">§127.475</num><heading>Biotechnology I (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: one credit in biology. Recommended prerequisites: Principles of Bioscience and one credit in chemistry. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) In Biotechnology I, students will apply advanced academic knowledge and skills to the emerging fields of biotechnology such as agricultural, medical, regulatory, and forensics. Students will have the opportunity to use sophisticated laboratory equipment, perform statistical analysis, and practice quality-control techniques. Students will conduct laboratory and field investigations and make informed decisions using critical thinking, scientific problem solving, and the engineering design process. Students in Biotechnology I will study a variety of topics that include structures and functions of cells, nucleic acids, proteins, and genetics.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as microscopes, thermocyclers, pH meters, hot plate stirrers, glass bulb thermometers, timing devices, electronic balances, vortex mixers, autoclaves, micropipettes, centrifuges, gel and capillary electrophoresis units, cameras, data collection probes, spectrophotometers, transilluminators, incubators, water baths, laboratory glassware, biosafety cabinets, and chemical fume hoods;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using laboratory notebooks, written lab reports, graphs, charts, tables, digital tools, diagrams, scientific drawings, and student-prepared models;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a STEM field.(5) The student explores the emerging field of biotechnology. The student is expected to:(A) define biotechnology and provide examples of biotechnology products such as recombinant proteins, fermented foods, biopharmaceuticals, and genetically modified foods;(B) compare applications of bioinformatics such as deoxyribonucleic acid (DNA) barcoding, sequencing, National Center for Biotechnology Information (NCBI) tools, ClinVar, Genemonon Mastermind, genetic testing, phylogenetic relationships, and the use of online databases;(C) research and identify career opportunities in genetics, bioinformatics, and in fields such as molecular, forensic, medical, regulatory, and agricultural biotechnology;(D) identify significant contributions of diverse scientists to biotechnology and explain their impact on society;(E) define bioethics and evaluate the applications of bioethics;(F) evaluate different points of view about issues and current events in biotechnology;(G) identify applications in agricultural biotechnology such as genetically modified organisms (GMOs), plant propagation from tissue culturing, and aquaculture hydroponics;(H) identify applications in medical biotechnology such as vaccines production, stem cells therapy, gene therapy, pharmaceutical production, pharmacogenetics, genomics, synthetic biology, and personalized medicine;(I) identify applications in forensic biotechnology such as capillary electrophoresis, real-time polymerase chain reaction, DNA fingerprinting, restriction fragment length polymorphisms (RFLP) analysis, toxicology, and serology; and(J) identify solutions to waste through bioremediation and non-biotechnological standard solutions such as landfills, incineration, absorbent materials, and catalytic materials.(6) The student summarizes biotechnology laboratory procedures and their applications in the biotechnology industry. The student is expected to:(A) identify the major sectors of the biotechnology industry such as medical and pharmaceutical, agricultural, industrial, forensic, and research and development;(B) identify the biotechnology laboratory procedures used in each sector such as selective breeding, genetic engineering, DNA analysis, and protein analysis; and(C) compare and contrast the different applications used in biotechnology laboratory procedures of each sector.(7) The student understands the role of genetics in the biotechnology industry. The student is expected to:(A) explain terms related to molecular biology, including nucleic acids, nitrogen bases, nucleotides, mRNA, rRNA, tRNA, ribosomes, amino acids, transcription, translation, polymerase, and protein synthesis; (B) compare and contrast the structures and functions of DNA and ribonucleic acid (RNA), including nitrogen bases, nucleotides, the helical nature of DNA, and hydrogen bonding between purines and pyrimidines;(C) distinguish between nuclear and mitochondrial DNA and their gamete sources;(D) describe the DNA replication process in eukaryotic and prokaryotic cells, including leading and lagging strands and Okazaki fragments;(E) illustrate the process of protein synthesis, including ribosomal subunits and the role of tRNA;(F) describe the structures and functions of proteins, including three-dimensional folding, enzymes, and antibodies;(G) explain the molecular structures of genes, including enhancers, promoters, exons, introns, and coding regions;(H) describe the different types of mutations, including inversions, deletions, duplications, and substitutions;(I) explain the effects of mutation types on phenotype and gene function; and(J) describe unique elements of the molecular structure of a chromosome such as short tandem repeats (STR), transposons, and methylation and acetylation of DNA.(8) The student analyzes the importance of recombinant DNA technology and genetic engineering. The student is expected to:(A) describe the fundamental steps in recombinant DNA technology;(B) explain how recombinant DNA technology such as nuclear transfer cloning is used to clone genes and create recombinant proteins;(C) explain the role of tissue cultures in genetic modification procedures;(D) describe plant- and animal-tissue culture procedures;(E) compare and contrast growing conditions for plant and animal tissue cultures;(F) explain the role of restriction enzymes; and(G) distinguish between vectors commonly used in biotechnology for DNA insertion, including plasmids, adenoviruses, retroviruses, and bacteriophages.(9) The student examines federal, state, local, and industry regulations as related to biotechnology. The student is expected to:(A) discuss the relationship between the local, state, and federal agencies responsible for regulation of the biotechnology industry such as the U.S. Department of Agriculture (USDA), the Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC); and(B) analyze policies and procedures used in the biotechnology industry such as quality assurance, standard operating procedures (SOPs), Good Manufacturing Practices (GMPs), and International Organization for Standardization (ISO) quality systems.(10) The student performs biotechnology laboratory procedures. The student is expected to:(A) measure volumes and weights to industry standards with accuracy and precision;(B) analyze data and perform calculations and statistical analysis as it relates to biotechnology laboratory experiments;(C) demonstrate proficiency in pipetting techniques;(D) identify microorganisms using staining methods such as the Gram stain, methylene-blue stain, and acid-fast staining;(E) prepare a restriction digest, isolate nucleic acids, and evaluate results using techniques such as gel and capillary electrophoresis, Northern blot analysis, and Southern blot analysis;(F) explain the importance of media components to the outcome of cultures;(G) isolate, maintain, and store microbial cultures safely;(H) prepare seed inoculum; and(I) perform plating techniques such as streak plating, spread plating, and the Kirby-Bauer method.(11) The student prepares solutions and reagents for the biotechnology laboratory. The student is expected to:(A) demonstrate aseptic techniques for establishing and maintaining a sterile work area;(B) prepare, dispense, and monitor physical properties of stock reagents, buffers, media, and solutions;(C) calculate and prepare a dilution series; and(D) determine optimum conditions of reagents for experimentation. (12) The student conducts quality-control analysis while performing biotechnology laboratory procedures. The student is expected to:(A) perform validation testing on laboratory reagents and equipment; and(B) analyze data and perform calculations and statistical analysis on results of quality-control samples.</content><note type="source"><p>Source Note: The provisions of this §127.475 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.476"><num value="127.476">§127.476</num><heading>Biotechnology II (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: one credit in chemistry and Biotechnology I. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) Biotechnology II has the components of any rigorous scientific or bioengineering program of study. This course applies the standard skills mastered in Biotechnology I and includes additional skills related to assay design, protein analysis, applications of genetic engineering, and quality management. After taking this course, students should be prepared for entry-level lab technician jobs.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as microscopes, thermocyclers, pH meters, hot plate stirrers, glass bulb thermometers, timing devices, electronic balances, vortex mixers, autoclaves, micropipettes, centrifuges, gel and capillary electrophoresis units, cameras, data collection probes, spectrophotometers, transilluminators, incubators, water baths, laboratory glassware, biosafety cabinets, and chemical fume hoods;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using laboratory notebooks, written lab reports, graphs, charts, tables, digital tools, diagrams, scientific drawings, and student-prepared models;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) The student knows the contributions of scientists and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a STEM field.(5) The student prepares for an entry-level career in biotechnology. The student is expected to:(A) research and identify career opportunities in genetics, bioinformatics, and fields such as molecular, forensic, medical, regulatory, and agricultural biotechnology;(B) identify the significance of recent advances in molecular, forensic, medical, regulatory, and agricultural biotechnology; (C) discuss current bioethical issues related to the field of biotechnology;(D) create a job-specific resume; and(E) develop a career plan.(6) The student analyzes academic and professional journals and technical reports. The student is expected to:(A) identify the scientific methodology used by a researcher; (B) examine a prescribed research design and identify dependent and independent variables;(C) evaluate a prescribed protocol to determine the purpose for each of the procedures performed; and(D) interpret data and evaluate conclusions.(7) The student explores assay design in the field of biotechnology. The student is expected to:(A) define assay requirements and optimizations;(B) perform statistical analysis on assay design and experimental data such as linearity, system sustainability, limit of detection, and R2 values;(C) determine an unknown protein concentration using a standard curve and technique such as a Bradford assay; and(D) evaluate enzyme kinetics using a colorimetric assay.(8) The student explores applications related to protein expression in the field of biotechnology. The student is expected to:(A) describe the fundamental steps in recombinant deoxyribonucleic acid (DNA) technology;(B) produce a recombinant protein such as green fluorescent protein (GFP);(C) analyze proteins using techniques such as enzyme-linked immunosorbent assay (ELISA), spectrophotometry, and sodium dodecyl sulfate polyacrylamide gel electrophoresis (SDS-PAGE); and(D) isolate a specific protein from a biological sample using techniques such as chromatography and Western blot analysis.(9) The student explores applications of recombinant DNA technology and genetic engineering. The student is expected to:(A) prepare and maintain tissue cultures commonly used in genetic modification procedures;(B) evaluate the effects of changes to growing conditions such as pH, temperature, and growth media;(C) evaluate the results of a bacterial transformation using a restriction enzyme digest and Southern blot analysis;(D) compare and contrast vectors commonly used in biotechnology applications, including plasmids, adenoviruses, retroviruses, and bacteriophages;(E) explain the steps and components of the polymerase chain reaction (PCR); and(F) explain applications of CRISPR/Cas9 technology in gene editing and diagnostics.(10) The student prepares solutions and reagents for the biotechnology laboratory. The student is expected to:(A) demonstrate aseptic techniques for establishing and maintaining a sterile work area;(B) prepare, dispense, and monitor physical properties of stock reagents, buffers, media, and solutions;(C) calculate and prepare a dilution series;(D) determine acceptability and optimum conditions of reagents for experimentation; and(E) prepare multi-component solutions of given molarity or concentration and volume.(11) The student investigates the role of quality in the biotechnology industry, The student is expected to:(A) describe the product pipeline in the biotechnology industry;(B) describe the importance of quality assurance and quality control;(C) explain the importance of documentation to quality assurance and quality control;(D) describe the importance of corrective and preventive action (CAPA);(E) describe Quality Management Systems (QMS) components, including inspection, audit, surveillance, and prevention;(F) describe Good Manufacturing Practices (GMP), Good Clinical Practices (GCP), Good Documentation Practices (GDP), Good Lab Practices (GLP), and International Organization for Standardization (ISO);(G) perform validation testing on laboratory reagents and equipment;(H) analyze data and perform calculations and statistical analysis on results of quality-control samples such as standard deviation and percent error; and(I) apply and create industry protocols such as laboratory method protocols, standard operating procedures (SOPs), and validation forms.</content><note type="source"><p>Source Note: The provisions of this §127.476 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.477"><num value="127.477">§127.477</num><heading>Medical Terminology (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) The Medical Terminology course is designed to introduce students to the structure of medical terms, including prefixes, suffixes, word roots, singular and plural forms, and medical abbreviations. The course allows students to achieve comprehension of medical vocabulary appropriate to medical procedures, human anatomy and physiology, and pathophysiology.(4) To pursue a career in the health science industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) The health science industry is comprised of diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems that function individually and collaboratively to provide comprehensive health care. Students should identify the employment opportunities, technology, and safety requirements of each system. Students are expected to learn the knowledge and skills necessary to pursue a health science career through further education and employment. (6) Professional integrity in the health science industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(7) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(8) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student recognizes the terminology related to the health science industry. The student is expected to:(A) identify abbreviations, acronyms, and symbols related to the health science industry;(B) recognize the incorrect use of abbreviations, acronyms, and symbols through review of The Joint Commission's "Do Not Use List";(C) identify and define the component parts of medical words, including root, prefix, suffix, and combining vowels;(D) practice word-building skills;(E) research the origins of eponyms;(F) recall directional terms and anatomical planes related to body structure;(G) define and accurately spell occupationally specific terms such as those relating to the body systems, surgical and diagnostic procedures, diseases, and treatment; and(H) use prior knowledge and experiences to understand the meaning of terms as they relate to the health science industry.(2) The student demonstrates communication skills using the terminology applicable to the health science industry. The student is expected to:(A) demonstrate appropriate verbal strategies such as correct pronunciation of medical terms and written strategies such as correct spelling in a variety of health science scenarios;(B) employ increasingly precise language to communicate; and(C) translate technical material related to the health science industry.(3) The student examines available resources. The student is expected to:(A) examine medical and dental dictionaries and multimedia resources;(B) integrate resources to interpret technical materials; and(C) investigate electronic and digital media with appropriate supervision.(4) The student interprets medical abbreviations. The student is expected to:(A) distinguish medical abbreviations used throughout the health science industry; and(B) translate medical abbreviations in simulated technical material such as physician progress notes, radiological reports, and laboratory reports.(5) The student appropriately translates health science industry terms. The student is expected to:(A) interpret, transcribe, and communicate vocabulary related to the health science industry;(B) translate medical terms to conversational language to facilitate communication;(C) distinguish medical terminology associated with medical specialists such as geneticists, pathologists, and oncologists;(D) summarize observations using medical terminology; and(E) interpret contents of medical scenarios correctly.</content><note type="source"><p>Source Note: The provisions of this §127.477 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.478"><num value="127.478">§127.478</num><heading>Health Science Theory (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: one credit in biology and at least one credit in a course from the health science career cluster. Recommended prerequisite: Medical Terminology. Recommended corequisite: Health Science Clinical. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Health Science Theory course is designed to provide for the development of advanced knowledge and skills related to a wide variety of health careers. Students will become familiar with industry-based standards for documenting and maintaining medical information; research industry employment requirements, including education, certification, and licensing requirements; and evaluate ethical and legal responsibilities of health science professionals. Students will employ hands-on experiences for continued clinical knowledge and skill development.(4) To pursue a career in the health science industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) The health science industry is comprised of diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems that function individually and collaboratively to provide comprehensive health care. Students should identify the employment opportunities, technology, and safety requirements of each system. Students are expected to learn the knowledge and skills necessary to pursue a health science career through further education and employment. (6) Professional integrity in the health science industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(7) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(8) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates patient-centered skills and interactions that foster trust and lead to a quality customer service experience. The student is expected to:(A) demonstrate care, empathy, and compassion;(B) communicate medical information accurately and efficiently in language that patients can understand; and(C) comply with Health Insurance Portability and Accountability Act (HIPAA) policy standards.(2) The student applies mathematics, science, English language arts, and social studies in health science. The student is expected to:(A) solve mathematical calculations appropriate to situations in a healthcare-related environment;(B) express ideas clearly in writing and develop skills in documentation related to health science;(C) interpret complex technical material related to the health science industry;(D) summarize biological and chemical processes in the body such as maintaining homeostasis; and(E) research topics related to health science such as the global impact of disease prevention.(3) The student demonstrates verbal, non-verbal, and electronic communication skills. The student is expected to:(A) demonstrate therapeutic communication appropriate to the situation;(B) use appropriate verbal and non-verbal skills when communicating with persons with sensory loss and language barriers in a simulated setting; and(C) use electronic communication devices in the classroom or clinical setting appropriately.(4) The student analyzes and evaluates communication skills for maintaining healthy relationships in the healthcare workplace. The student is expected to:(A) evaluate how healthy relationships influence career performance;(B) identify the role of communication skills in building and maintaining healthy relationships;(C) demonstrate strategies for communicating needs, wants, and emotions in a healthcare setting; and(D) evaluate the effectiveness of conflict-resolution techniques in various simulated healthcare workplace situations.(5) The student documents and records medical information into a permanent health record. The student is expected to:(A) research document formats such as dental or medical records;(B) prepare health documents or records according to industry-based standards; and(C) record health information on paper and electronic formats such as patient history, vital statistics, and test results.(6) The student describes industry requirements necessary for employment in health science occupations. The student is expected to:(A) research education, certification, licensing, and continuing education requirements and salary related to specific health science careers; and(B) practice employment procedures for a specific health science career such as resume building, application completion, and interviewing.(7) The student identifies problems and participates in the decision-making process. The student is expected to:(A) apply critical-thinking, adaptability, and consensus-building skills to solve problems relevant to health science;(B) evaluate the impact of decisions in health science; and(C) suggest modifications to a decision or plan based on healthcare outcomes.(8) The student demonstrates comprehension and proficiency of clinical skills used by health science professionals in a classroom or clinical setting. The student is expected to:(A) comply with specific industry standards related to safety requirements;(B) employ medical vocabulary specific to the healthcare setting;(C) perform admission, discharge, and transfer functions in a simulated setting;(D) demonstrate skills related to assisting patients with activities of daily living such as dressing, undressing, grooming, bathing, and feeding;(E) determine proper equipment needed for patient ambulation such as gait belts, wheelchairs, crutches, or walkers;(F) demonstrate skills related to assessing range of motion and assisting with mobility, including positioning, turning, lifting, and transferring patients for treatment or examination;(G) role play techniques used in stressful situations such as situations involving trauma and chronic and terminal illness;(H) demonstrate first aid, vital signs, cardiopulmonary resuscitation, and automated external defibrillator skills; and(I) identify basic skills specific to a health science profession such as medical assistant, dental assistant, emergency medical technician-basic, phlebotomy technician, and pharmacy technician. (9) The student evaluates ethical behavioral standards and legal responsibilities of a health science professional. The student is expected to:(A) research and describe the role of professional associations and regulatory agencies;(B) examine legal and ethical behavior standards such as Patient Bill of Rights, advanced directives, and HIPAA; and(C) investigate the legal, ethical, and professional ramifications of unacceptable or discriminatory behavior.(10) The student exhibits the leadership skills necessary to function in a healthcare setting. The student is expected to:(A) identify essential leadership skills of health science professionals;(B) assess group dynamics in real or simulated groups; and(C) integrate consensus-building techniques.(11) The student maintains a safe work environment. The student is expected to:(A) describe governmental regulations and guidelines from entities such as the World Health Organization (WHO), Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), U.S. Food and Drug Administration (FDA), The Joint Commission, and the National Institute of Health (NIH), and Texas Department of State Health Services (DSHS);(B) explain protocols related to hazardous materials and situations such as personal protective equipment (PPE) and blood borne pathogen exposure;(C) describe how to assess and report unsafe conditions;(D) identify the benefits of recycling and waste management for cost containment and environmental protection; and(E) demonstrate proper body mechanics to reduce the risk of injury.(12) The student assesses wellness strategies for the prevention of disease. The student is expected to:(A) research wellness strategies for the prevention of disease;(B) evaluate positive and negative effects of relationships on physical and emotional health;(C) explain the benefits of positive relationships between community members and health professionals in promoting a healthy community;(D) research and analyze the effects of access to quality health care;(E) research alternative health practices and therapies; and(F) explain the changes in structure and function of the body due to trauma and disease.</content><note type="source"><p>Source Note: The provisions of this §127.478 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.479"><num value="127.479">§127.479</num><heading>Health Science Clinical (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Biology. Corequisite: Health Science Theory. This course must be taken concurrently with Health Science Theory and may not be taken as a stand-alone course. Districts are encouraged to offer this course in a consecutive block with Health Science Theory to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Health Science Clinical course is designed to provide for the development of advanced knowledge and skills related to a wide variety of health careers. Students will employ hands-on experiences for continued knowledge and skill development.(4) To pursue a career in the health science industry, students should recognize, learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) The health science industry is comprised of diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems that function individually and collaboratively to provide comprehensive health care. Students should identify the employment opportunities, technology, and safety requirements of each system. Students are expected to apply the knowledge and skills necessary to pursue a health science career through further education and employment. (6) Professional integrity in the health science industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(7) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(8) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mathematics, science, English language arts, and social studies in health science. The student is expected to:(A) solve mathematical calculations appropriate to situations in a health-related environment;(B) communicate using medical terminology;(C) express ideas in writing and develop skills in documentation;(D) interpret complex technical material related to the health science industry;(E) summarize biological and chemical processes that maintain homeostasis;(F) explain the changes in structure and function due to trauma and disease; and(G) research the global impact of disease prevention and cost containment.(2) The student displays verbal and non-verbal communication skills. The student is expected to:(A) demonstrate therapeutic communication appropriate to the situation;(B) execute verbal and nonverbal skills when communicating with persons with sensory loss and language barriers; and(C) use electronic communication devices with appropriate supervision such as facsimile, scanner, electronic mail, and telephone.(3) The student analyzes and evaluates communication skills for maintaining healthy relationships throughout the life span. The student is expected to:(A) evaluate how a healthy relationship influences career goals;(B) demonstrate communication skills in building and maintaining healthy relationships;(C) demonstrate strategies for communicating needs, wants, and emotions; and(D) evaluate the effectiveness of conflict resolution techniques in various practical situations.(4) The student relates appropriate information in the practical setting to the proper authority. The student is expected to:(A) identify and retrieve reportable information; and(B) report information according to facility policy in the practical setting.(5) The student identifies documents integrated into the permanent record of the health informatics system. The student is expected to:(A) research and describe document formats; and(B) compile and record data according to industry based standards.(6) The student describes academic requirements necessary for employment in the health science industry. The student is expected to:(A) research specific health science careers; and(B) review employment procedures for a specific health science career.(7) The student identifies problems and participates in the decision-making process. The student is expected to:(A) analyze systematic procedures for problem solving;(B) evaluate the impact of decisions; and(C) suggest modifications based on decision outcomes.(8) The student implements the knowledge and skills of a health science professional in the clinical setting. The student is expected to:(A) comply with specific industry standards related to safety and substance abuse;(B) model industry expectations of professional conduct such as attendance, punctuality, personal appearance, hygiene, and time management;(C) articulate comprehension of assignment;(D) employ medical vocabulary specific to the health care setting;(E) perform admission, discharge, and transfer functions in a simulated setting;(F) demonstrate skills related to activities of daily living in rehabilitative care such as range of motion, positioning, and ambulation according to the health science industry standards, regulatory agency standards, and professional guidelines;(G) role play techniques used in stressful situations such as trauma, chronic, and terminal illness;(H) demonstrate first aid, vital signs, cardiopulmonary resuscitation, and automated external defibrillator skills in a laboratory setting; and(I) perform skills specific to a health science professional such as medical assistant, dental assistant, emergency medical technician-basic, phlebotomy technician, and pharmacy technician.(9) The student evaluates ethical behavioral standards and legal responsibilities. The student is expected to:(A) research and describe the role of professional associations and regulatory agencies;(B) examine legal and ethical behavior standards such as Patient Bill of Rights, Advanced Directives, and the Health Insurance Portability and Accountability Act;(C) investigate the legal and ethical ramifications of unacceptable behavior; and(D) perform within the designated scope of practice.(10) The student exhibits the leadership skills necessary to function in a democratic society. The student is expected to:(A) identify leadership skills of health science professionals; (B) participate in group dynamics; and(C) integrate consensus-building techniques.(11) The student maintains a safe environment. The student is expected to:(A) conform to governmental regulations and guidelines from entities such as the World Health Organization, Centers for Disease Control and Prevention, Occupational Safety and Health Administration, U.S. Food and Drug Administration, Joint Commission, and National Institute of Health;(B) explain protocol related to hazardous materials and situations such as material safety data sheets;(C) observe and report unsafe conditions; and(D) practice recycling and waste management for cost containment and environmental protection.(12) The student assesses wellness strategies for the prevention of disease. The student is expected to:(A) research wellness strategies for the prevention of disease;(B) evaluate positive and negative effects of relationships on physical and emotional health;(C) explain the benefits of positive relationships among community health professionals in promoting a healthy community;(D) research and analyze access to quality health care; and(E) research alternative health practices and therapies.</content><note type="source"><p>Source Note: The provisions of this §127.479 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.480"><num value="127.480">§127.480</num><heading>World Health and Emerging Technologies (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: one credit in biology and at least one credit in a Level 2 or higher course from the health science career cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The World Health and Emerging Technologies course is designed to examine major world health problems and emerging technologies as solutions to these medical concerns. It is designed to improve students' understanding of cultural, infrastructural, political, educational, and technological constraints and inspire ideas for appropriate technological solutions to global medical care issues.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores and discusses current major human health problems in the world. The student is expected to:(A) describe the pathophysiology of the three leading causes of death in developing and developed countries;(B) discuss history of diseases and the evolution of medical technology over time;(C) contrast health problems in developing and developed countries;(D) compare the functions of public health organizations, including the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO), at the local, state, national, and international levels;(E) define and calculate incidence, morbidity, and mortality;(F) identify and describe the challenges in global health that can have the greatest impact on health in developing nations; and(G) investigate various social determinants of health such as food insecurity, homelessness, or financial insecurities.(2) The student explains who pays for health care in the world today. The student is expected to:(A) compare the availability and quality of health care in developing and developed countries;(B) discuss and contrast the four basic healthcare system models, including the Beveridge Model, Bismarck Model, National Health Insurance Model, and the Out-of-Pocket Model, and compare these models to existing payment mechanisms in the United States of America;(C) explain how countries that have different healthcare systems such as Canada, the United Kingdom, Japan, Germany, Taiwan, Switzerland, and the United States of America pay for health care and compare their patient outcomes such as infant mortality rates, rate of cancer, or rate of heart disease;(D) describe how healthcare expenditures have changed over time; and(E) identify the major contributors to the rising healthcare industry costs.(3) The student describes the engineering technologies developed to address clinical needs. The student is expected to:(A) describe technologies that support the prevention and treatment of infectious diseases;(B) explain the implication of vaccines on the immune system and on public health;(C) discuss the dangers of antibiotic overuse and misuse;(D) investigate technologies such as genetics and molecular diagnostics used for the early detection and treatments of several types of cancers;(E) describe and discuss the technologies used in the diagnosis and treatment of heart disease;(F) describe and discuss technologies developed to support vital organ failure; and(G) investigate emerging digital technology such as telehealth and remote monitoring and its impact on healthcare delivery.(4) The student explores how human clinical trials are designed, conducted, and evaluated. The student is expected to:(A) describe and discuss types of clinical trials, including the role of the institutional review board;(B) define and calculate a sample size;(C) identify quantitative and qualitative methods used in clinical trials; and(D) compare and contrast different phases of pharmaceutical trials.(5) The student recognizes the ethical and legal aspects involved in clinical research. The student is expected to identify issues and explain the ethical and legal guidelines, including informed consent and patient confidentiality, for the conduct of research involving human subjects.(6) The student explains how research guides the development of new medical technologies. The student is expected to:(A) describe how health science research is funded;(B) explain the role of the U.S. Food and Drug Administration in approving new drugs and medical devices; and(C) analyze factors that affect the dissemination of new medical technologies.(7) The student applies research principles to create a project that addresses a major health topic. The student is expected to:(A) facilitate data analysis and communicate experimental results clearly by effectively using technology such as creating visual aids; and(B) present the project to classmates, health professionals, parents, or instructors.</content><note type="source"><p>Source Note: The provisions of this §127.480 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.481"><num value="127.481">§127.481</num><heading>Anatomy and Physiology (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: one credit in biology and one credit in chemistry, Integrated Physics and Chemistry, or physics. Recommended prerequisite: a course from the Health Science Career Cluster. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Anatomy and Physiology course is designed for students to conduct laboratory and field investigations, use scientific methods during investigations, and make informed decisions using critical thinking and scientific problem solving. Students in Anatomy and Physiology will study a variety of topics, including the structure and function of the human body and the interaction of body systems for maintaining homeostasis.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Scientific and engineering practices. The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as lab notebooks or journals, calculators, spreadsheet software, data-collecting probes, computers, standard laboratory glassware, microscopes, various prepared slides, stereoscopes, metric rulers, meter sticks, electronic balances, micro pipettors, hand lenses, Celsius thermometers, hot plates, timing devices, Petri dishes, agar, lab incubators, dissection equipment, reflex hammers, pulse oximeters, stethoscope, otoscope, blood pressure monitors (sphygmomanometers), pen lights, ultrasound equipment, and models, diagrams, or samples of biological specimens or structures;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using lab reports, labeled drawings, graphic organizers, journals, summaries, oral reports, and technology-based reports;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish among scientific hypotheses, theories, and laws.(2) Scientific and engineering practices. The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) Scientific and engineering practices. The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) Scientific and engineering practices. The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing, so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) or health science field in order to investigate careers.(5) Human body organization. The student demonstrates an understanding of the anatomic and physiological basis of life and the ability to explain the interdependence of structure and function in biological systems. The student is expected to:(A) distinguish between the six levels of structural organization in the human body, including chemical, cellular, tissue, organ, system, and organism, and explain their interdependence;(B) identify and use appropriate directional terminology when referring to the human body, including directional terms, planes, body cavities, and body quadrants;(C) identify and describe the major characteristics of living organisms, including response to stimuli, growth and development, homeostasis, cellular composition, metabolism, reproduction, and the ability to adapt to the environment;(D) research and describe negative and positive feedback loops as they apply to homeostasis; and(E) research and identify the effects of the failure to maintain homeostasis as it relates to common diseases in each of the body systems.(6) Histology. The student demonstrates the ability to analyze the structure and function of eukaryotic cells in relation to the formation of tissue. The student is expected to:(A) define tissue and identify the four primary tissue types, their subdivisions, and functions;(B) compare epithelial tissue and connective tissue in terms of cell arrangement and interstitial materials;(C) describe the process of tissue repair involved in the normal healing of a superficial wound; and(D) describe the general metabolic pathways of carbohydrates, lipids, and proteins.(7) Skeletal system. The student analyzes the relationships between the anatomical structures and physiological functions of the skeletal system. The student is expected to:(A) identify and differentiate between the axial skeleton and appendicular skeleton;(B) identify the types of joints, including gliding, hinge, pivot, saddle, and ball and socket, and describe the movements of each;(C) identify and locate the anatomy of bone, including spongy and compact tissue, epiphysis, diaphysis, medullary cavity, periosteum, bone marrow, and endosteum;(D) explain the major physiological functions of the skeletal system;(E) describe the role of osteoblasts, osteocytes, and osteoclasts in bone growth and repair;(F) identify and describe the different types of fractures such as compound, complete, simple, spiral, greenstick, hairline, transverse, and comminuted; and(G) identify and describe common diseases and disorders of the skeletal system such as scoliosis, osteoporosis, and bone cancer.(8) Integumentary system. The student analyzes the relationships between the anatomical structures and physiological functions of the integumentary system. The student is expected to:(A) identify and describe the structures of the integumentary system, including layers of the skin, accessory organs within each layer, and glandular components in each layer;(B) describe the factors that can contribute to skin color;(C) describe and explain the process of tissue repair and scar formation; and(D) identify and describe common diseases and disorders of the integumentary system such as skin cancer and psoriasis.(9) Muscular system. The student analyzes the relationships between the anatomical structures and physiological functions of the muscular system. The student is expected to:(A) explain the major physiological functions of the muscular system, including voluntary movement, involuntary movement, heat production, and maintaining posture;(B) explain the coordination of muscles, bones, and joints that allows movement of the body, including the methods of attachment of ligaments and tendons;(C) examine common characteristics of muscle tissue, including excitability, contractibility, extensibility, and elasticity;(D) identify and describe the appearance, innervation, and function of the three muscle types, including cardiac, skeletal, and smooth;(E) examine the microscopic anatomy of a muscle fiber, including sarcomere, actin, and myosin;(F) describe the mechanisms of muscle contraction at the neuromuscular junction;(G) name, locate, and describe the action of major voluntary muscles in regions of the body, including the head and neck, trunk, upper extremity, and lower extremity;(H) identify and describe common diseases and disorders of the muscular system such as muscle strains and muscular dystrophy; and(I) analyze and describe the effects of pressure, movement, torque, tension, and elasticity on the human body.(10) Nervous system. The student analyzes the relationship between the anatomical structures and physiological functions of the nervous system. The student is expected to:(A) summarize and distinguish between the major physiological functions of the nervous system, including sensation, integration, and motor response;(B) identify the senses and explain their relationship to nervous system;(C) investigate and explain the interdependence between the cranial and spinal nerves with the special senses of vision, hearing, smell, and taste;(D) describe the anatomy of the structures associated with the senses, including vision, hearing, smell, taste, and touch;(E) identify the anatomical and physiological divisions of the peripheral nervous system and central nervous system;(F) explain the glial cells within the central nervous system and peripheral nervous system and their associated functions;(G) analyze the functional and structural differences between gray and white matter relative to neurons;(H) distinguish between the types of neurons and explain the initiation of a nerve impulse during resting and action potential;(I) categorize the major neurotransmitters by chemical and physical mechanisms; and(J) identify and describe common diseases and disorders of the nervous system such as epilepsy, neuralgia, Parkinson's disease, and Alzheimer's disease.(11) Endocrine system. The student analyzes the relationships between the anatomical structures and physiological functions of the endocrine system. The student is expected to:(A) identify and locate the nine glands associated with the endocrine system, including the ovaries, testes, pineal gland, pituitary gland, thyroid gland, parathyroid glands, thymus, pancreas, and adrenal glands;(B) compare and contrast endocrine and exocrine glands and identify the glands associated with each;(C) describe the hormones associated with each endocrine gland;(D) research the impact of the endocrine systems on homeostatic mechanisms and other body systems such as the integration between the hypothalamus and the pituitary gland;(E) explain how the endocrine glands are regulated, including neural, hormonal, and humoral control; and(F) identify and describe common diseases and disorders of the endocrine system such as hypothyroidism, pancreatic cancer, and diabetes.(12) Urinary system. The student analyzes the relationships between the anatomical structures and physiological functions of the urinary system. The student is expected to:(A) identify and describe the anatomical structures and functions of the urinary system, including the kidney, ureters, bladder, and urethra;(B) compare and contrast the anatomical structures and describe the functions of the male and female urinary system;(C) summarize and illustrate the structures, functions, and types of nephrons;(D) examine the methods of fluid balance and homeostasis in the urinary system, including fluid intake and output;(E) analyze the composition of urine and the process of urine formation, including filtration, reabsorption, and secretion;(F) describe the relationship between the nervous system, renal system, and muscular system before and during micturition; and(G) identify and describe common diseases and disorders of the urinary system such as chronic kidney disease, kidney stones, urinary tract infections, and renal cancer.(13) Cardiovascular system. The student analyzes the relationships between the anatomical structures and physiological functions of the cardiovascular system. The student is expected to:(A) identify the major functions of the cardiovascular system, including transport, maintaining homeostasis, and immune response; (B) compare and contrast the anatomical structure of arteries, arterioles, capillaries, venules, and veins;(C) investigate and illustrate how systemic circulation transports blood, gasses, and nutrients from the heart to the internal anatomy of the heart, including tissue layers, chambers, and valves, and external anatomy of the heart, including coronary vessels;(D) describe the relationship between blood flow and blood pressure, including systolic and diastolic pressure, pulse pressure, and mean arterial pressure;(E) compare and contrast coronary, pulmonary, and systemic circulation, and describe the major vessels of each;(F) illustrate how the PQRST waves of an electrocardiogram (EKG) demonstrate the conduction of electricity through the structures of the heart;(G) describe the relationship between the cardiovascular system, nervous system, and muscular system in regulating cardiac output; and(H) identify and describe common diseases and disorders of the cardiovascular system such as heart disease, myocardial infarction, ischemia, and hypertrophic cardiomyopathy.(14) Lymphatic system. The student analyzes the relationships between the anatomical structures and physiological functions of the lymphatic system and understands the immune response. The student is expected to:(A) evaluate the interaction of the lymphatic system with other body systems such as the circulatory system;(B) describe the structure and function of the lymphatic organs and explain how lymph moves through the body;(C) identify and describe the role and function of the immune cells, including T cells and B cells, within the lymphatic system structures;(D) identify and determine antigens associated with ABO blood typing, including Rhesus (Rh) factor;(E) summarize the ways the body protects and defends against disease, including inflammation, barrier defenses, and active and passive immunity;(F) describe the role of antigens and antibodies in the immune response; and(G) identify and describe common diseases and disorders associated with the lymphatic and immune systems such as inherited or acquired immunodeficiencies, autoimmune diseases, and lymphomas.(15) Digestive system. The student analyzes the relationships between the anatomical structures and physiological functions of the digestive system. The student is expected to:(A) examine the anatomical structures and function of the alimentary canal and accessory organs;(B) compare and contrast mechanical and chemical digestive processes;(C) evaluate the modes by which energy is processed and stored within the body, including ingestion, propulsion, absorption, and elimination; and(D) identify and describe common diseases and disorders of the digestive system such as gallstones, Crohn's disease, irritable bowel syndrome, and gastroesophageal reflux disorder.(16) Respiratory system. The student analyzes the relationships between the anatomical structures and physiological functions of the respiratory system. The student is expected to:(A) identify and sequence the anatomical structures and functions of the respiratory system;(B) compare and contrast the functions of upper and lower respiratory tract;(C) describe the physiology of respiration, including internal and external respiration and gas exchange;(D) describe the relationship between the respiratory and cardiovascular systems during pulmonary circulation;(E) investigate factors that affect respiration, including exercise and environmental changes such as altitude; and(F) identify and describe common diseases of the respiratory system such as asthma, emphysema, pneumonia, viruses, and allergies.(17) Reproductive system. The student analyzes the relationships between the anatomical structures and physiological functions of the reproductive system. The student is expected to:(A) explain embryological development of cells, tissues, organs, and systems;(B) describe and examine the location, structure, and functions of the internal and external female and male reproductive organs and accessory glands;(C) describe and compare the process of oogenesis and spermatogenesis;(D) research and discuss the physiological effects of hormones on the stages of the menstrual cycle;(E) identify and distinguish the hormones involved in maturation and development throughout the life cycle, including puberty, gestation, and menopause; and(F) identify and describe common diseases and disorders of the reproductive system such as sexually transmitted diseases and cancers of the female and male reproductive systems.(18) Emerging technologies. The student identifies emerging technological advances in science and healthcare treatment and delivery. The student is expected to:(A) research and discuss advances in science and medicine at the organ and tissue level such as bionics and wearable monitoring technologies; and(B) research and describe advances in science and medicine at the cellular level such as stem cells and gene therapy.</content><note type="source"><p>Source Note: The provisions of this §127.481 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.482"><num value="127.482">§127.482</num><heading>Pathophysiology (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: one credit in biology, one credit in chemistry, and at least one credit in a Level 2 or higher course from the health science career cluster. Recommended prerequisite: Anatomy and Physiology. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Pathophysiology course is designed for students to conduct laboratory and field investigations, use scientific methods during investigations, and make informed decisions using critical thinking and scientific problem solving. Students in Pathophysiology will study disease processes and how humans are affected. Emphasis is placed on prevention and treatment of disease.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as calculators, spreadsheet software, data-collecting probes, computers, standard laboratory glassware, microscopes, various prepared slides, stereoscopes, metric rulers, electronic balances, gel electrophoresis apparatuses, micro pipettors, hand lenses, Celsius thermometers, hot plates, timing devices, Petri dishes, lab incubators, biochemical media and stains dissection equipment, meter sticks, and models, diagrams, or samples of biological specimens or structures;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using lab notebooks or journals, lab reports, labeled drawings, graphic organizers, peer reviewed medical journals, summaries, oral reports, and technology-based reports;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) or health science field in order to investigate careers.(5) The student analyzes the mechanisms of pathology. The student is expected to:(A) describe abnormal biological and chemical processes at the cellular level;(B) examine and analyze changes resulting from mutations and neoplasms by examining cells, tissues, organs, and systems;(C) investigate factors that contribute to disease, including age, gender, environment, lifestyle, and heredity; and(D) analyze and describe how the body's compensating mechanisms attempt to maintain homeostasis when changes occur.(6) The student examines the process of pathogenesis. The student is expected to:(A) differentiate and identify pathogenic organisms using microbiological techniques such as gram staining, biochemical identification, and microscopic observation;(B) research and summarize the stages of pathogenesis, including incubation period, prodromal period, and exacerbation or remission;(C) analyze the body's natural defense systems against infection, including barriers, the inflammatory response, and the immune response;(D) analyze other mechanisms of disease prevention and treatment such as vaccinations, antibiotics, chemotherapy, and immunotherapy; and(E) evaluate the effects of chemical agents, environmental pollution, and trauma on the disease process.(7) The student examines diseases throughout the body's systems. The student is expected to:(A) investigate the etiology, signs and symptoms, diagnosis, prognosis, and treatment of diseases;(B) explore and describe advanced technologies for the diagnosis and treatment of disease;(C) research and describe reemergence of diseases such as malaria, tuberculosis, polio, and measles;(D) research the causes, prevention, and impact of nosocomial infections and differentiate between the causes, prevention, and impact of nosocomial infections versus community-acquired infections; (E) research and describe antibiotic-resistant diseases such as methicillin-resistant Staphylococcus aureus;(F) differentiate between various types of diseases and disorders, including hereditary, infectious, and auto-immune; and(G) investigate ways diseases such as diabetes, Parkinson's, lupus, and congestive heart failure affect multiple body systems.(8) The student integrates the effects of disease prevention and control. The student is expected to:(A) evaluate public health issues related to asepsis, isolation, immunization, and quarantine;(B) analyze the effects of stress and aging on the body;(C) analyze patient medical data and interpret medical laboratory test results to inform diagnosis and treatment;(D) analyze and interpret epidemiological data to determine common trends and predict outcomes in disease progression;(E) research and summarize diseases that threaten world health and propose intervention strategies; and(F) develop a prevention plan that considers how behaviors contribute to lifestyle diseases.</content><note type="source"><p>Source Note: The provisions of this §127.482 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.483"><num value="127.483">§127.483</num><heading>Pharmacy I (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10 and 11. Recommended prerequisites: Introduction to Pharmacy Science or Principles of Health Science and one credit in biology. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The goal of Pharmacy I is for the student to gain a strong foundation in the knowledge and skills needed to pursue a career in the pharmaceutical field (e.g., pharmacy technician, pharmacist). Knowledge includes pharmacology, pharmacy law, medication safety, the dispensing process, and inventory. Pharmacy I is designed to be the second course in a pathway leading to college and career readiness in the healthcare therapeutics professions. The course content aligns with the competencies of pharmacy technician certification examinations.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student communicates effectively with diverse populations. The student is expected to:(A) practice a respectful and professional attitude when interacting with diverse patient populations, colleagues, and professionals; and(B) compare communication techniques that are effective for various population clients such as terminally ill, intellectually disabled, visually/hearing impaired, and elderly/pediatric populations.(2) The student interprets pharmacy correspondence utilizing medical abbreviations and terminology typically found in the pharmacy setting. The student is expected to:(A) employ pharmacy terminology and abbreviations in creating and utilizing correspondence in the pharmacy such as prescriptions, medication administration records (MARs), and patient order sheets;(B) compare terminology typically used in the community and institutional pharmacy settings; and(C) translate sig codes and abbreviations used in the pharmacy.(3) The student distinguishes between the requirements of various federal agencies. The student is expected to:(A) explain the handling and disposal of non-hazardous, hazardous, and pharmaceutical substances and waste;(B) discuss the requirements for controlled substance prescriptions, including new, refill, and transfer prescriptions, according to the Drug Enforcement Administration (DEA) controlled substances schedules;(C) describe Food and Drug Administration (FDA) recall requirements based on classification for medications, devices, supplies, and supplements;(D) interpret and apply state and federal laws pertaining to processing, handling, and dispensing of medications, including controlled substances;(E) interpret state and federal laws and regulations pertaining to pharmacy technicians; and(F) explain pharmacy compliance with professional standards and relevant legal, regulatory, formulary, contractual, and safety requirements.(4) The student recalls drug information. The student is expected to:(A) identify brand name, generic name, classification, and indication of use for common medications with automaticity;(B) discuss common and life-threatening drug interactions and contraindications;(C) identify narrow therapeutic index (NTI) medications; and(D) access and use references such as United States Pharmacopeia (USP) standards, drug reference books, and clinical information sources as needed to perform job duties.(5) The student explains the dispensing process. The student is expected to:(A) identify a prescription or medication order for completeness, including drug strength, dosage form, directions, quantity, and refills, and obtain missing information if needed;(B) communicate with patients to obtain information, including demographics, medication history, health conditions, allergies, and insurance, for the patient profile;(C) practice assisting pharmacists in collecting, organizing, and recording demographic and clinical information for the Pharmacists' Patient Care Process;(D) perform the necessary mathematical calculations required for order entry, including formulas, ratios, concentrations, percent strength, dilutions, proportions, and allegations;(E) identify equipment and supplies, including diabetic supplies, spacers, and oral/injectable syringes, required for drug administration based on the package size and unit dose;(F) identify and describe the importance of lot numbers, expiration dates, and National Drug Codes (NDC) on drug packaging;(G) practice and adhere to effective infection control procedures;(H) apply appropriate cleaning standards, including hand washing and cleaning counting trays, countertops, and equipment; and(I) explain the state pharmacy boards' roles in the regulation of pharmacy technicians and that differences exist between states in the processing, handling, and dispensing of prescription medications.(6) The student identifies common medication errors and explains error prevention strategies. The student is expected to:(A) identify high-alert/risk and look-alike/sound-alike (LASA) medications;(B) describe error prevention strategies, including using Tall Man lettering, trailing/leading zeros, and barcodes; separating inventory; and limiting use of error-prone abbreviations;(C) describe types of prescription errors, including abnormal doses, early refill, incorrect quantity, incorrect patient, and incorrect drug;(D) explain pharmacy professional standards for and the role of the pharmacy technician in the patient care process;(E) identify opportunities to assist pharmacists in the identification of patients who desire or require counseling to optimize the use of medications, equipment, and devices;(F) discuss the pharmacy technician's role in patient and medication safety practices such as how to calculate dosage of pediatric over-the-counter drugs;(G) explain how pharmacy technicians assist pharmacists in responding safely and legally to emergent patient situations; and(H) explain basic safety and emergency preparedness procedures applicable to pharmacy services.(7) The student performs inventory procedures according to federal, state, local, and facility guidelines. The student is expected to:(A) identify proper storage for medications in regard to temperature, light sensitivity, product demand, fast movers, cost, and restricted access;(B) explain the definition and purpose of a formulary or approved/preferred product list;(C) describe procedures for inventory control, including removal of expired and recalled drug products, rotating inventory, performing a physical inventory, ordering medications and supplies, monitoring periodic automatic replenishment (PAR) levels, and using just-in-time ordering;(D) explain accepted procedures in purchasing pharmaceuticals, devices, and supplies; and(E) explain accepted procedures for identifying and disposing of expired medications.</content><note type="source"><p>Source Note: The provisions of this §127.483 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.484"><num value="127.484">§127.484</num><heading>Pharmacy II (Two Credits), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: one credit in biology, one credit in chemistry, and Pharmacy I. Recommended prerequisite: Algebra I, Introduction to Pharmacy Science, and Pharmacy I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Pharmacy II course provides students with the advanced knowledge and skills to explore various careers in the pharmacy field, including pharmacology, pharmacy law, medication errors, inventory pharmacy calculations, compounding, and workflow expectations in a pharmacy setting. Pharmacy II is designed to be the third course in a pathway leading to college and career readiness in the healthcare therapeutics professions. The course content aligns with the competencies of pharmacy technician certification examinations.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student communicates effectively with diverse populations. The student is expected to:(A) practice a respectful and professional attitude in communications with diverse patient populations, colleagues, and professionals such as written, oral, and electronic communications;(B) demonstrate communication techniques that are effective for various populations such as terminally ill, intellectually disabled, visually/hearing impaired, and elderly/pediatric populations; and(C) demonstrate skills for supporting communication between various stakeholders such as serving as a liaison between the nurse and the patient.(2) The student demonstrates the use of medical terminology and abbreviations in a pharmacy setting. The student is expected to:(A) interpret and translate prescription and medication orders according to pharmacy settings such as community and hospital environments;(B) create pharmacy correspondence such as prescriptions, medication administration records (MARs), and patient order sheets using medical terminology and abbreviations;(C) use medical terminology found in various pharmacy settings to communicate appropriately; and(D) translate sig codes and abbreviations used in the pharmacy to communicate instructions to patients.(3) The student applies the strictest requirements using the laws of local, state, and federal agencies. The student is expected to:(A) demonstrate the proper handling and disposal of non-hazardous, hazardous, and pharmaceutical substances and waste;(B) apply the requirements for controlled substance prescriptions, including new, refill, and transfer prescriptions;(C) apply the requirements for receiving, storing, ordering, labeling, and dispensing controlled substances and the reverse distribution, take-back, and loss or theft of controlled substances;(D) classify controlled substances such as cocaine, heroin, marijuana, fentanyl, dextroamphetamine, amphetamine salts, benzodiazepines, and anabolic steroids according to their Drug Enforcement Administration (DEA) schedules;(E) identify the federal requirements for restricted drugs such as pseudoephedrine and related medication processing programs such as Risk Evaluation and Mitigation Strategies (REMS) and iPLEDGE;(F) demonstrate the process for Food and Drug Administration (FDA) recalls based on classification for medications, devices, supplies, and supplements; and(G) explain pharmacy compliance with professional standards such as scope of practice and relevant legal, regulatory, formulary, contractual, and safety requirements.(4) The student interprets drug information. The student is expected to:(A) apply knowledge of brand name, generic name, classification, and indication of use for common medications such as the top 200 drugs with automaticity in a pharmacy setting;(B) analyze the common and life-threatening drug interactions and contraindications such as drug-disease, drug-drug, drug-lab, and drug-food;(C) apply knowledge of the narrow therapeutic index (NTI) to drug use evaluations; and(D) integrate the use of digital and hard copy references such as United States Pharmacopeia (USP) standards, drug reference books, and clinical information sources as needed to perform job duties.(5) The student demonstrates the dispensing process in various pharmacy settings. The student is expected to:(A) analyze a prescription and medication order for completeness, including drug strength, dosage form, directions, quantity, date, and refills, and obtain missing information if needed;(B) communicate with patients or care givers using the appropriate modality to obtain information, including demographics, medication history, health conditions, allergies, and insurance, for the patient profile;(C) collect, organize, and record demographic and clinical information accurately for patient continuity of care;(D) identify the required steps in preparing sterile compounded products, including putting on (donning) personal protective equipment (PPE), cleaning the vertical or horizontal flow hoods, selecting correct supplies, and preparing the product for dispensing;(E) select the appropriate equipment and supplies, including diabetic supplies, spacers, and oral/injectable syringes, for drug administration based on package size and unit dose;(F) apply lot numbers, expiration dates, and National Drug Codes (NDC) on drug packaging for the dispensing of medication; and(G) differentiate between the use of effective infection control procedures such as sterile and non-sterile compounding in various pharmacy related settings.(6) The student analyzes common medication errors and practices error prevention strategies. The student is expected to:(A) use knowledge of high alert/risk and look-alike/sound-alike (LASA) medications to prevent medication errors;(B) apply knowledge of current error prevention strategies such as using Tall Man lettering, trailing/leading zeros, and barcodes; separating inventory; and limiting use of error-prone abbreviations to prevent medication errors;(C) apply knowledge of various prescription errors such as abnormal dose, early refill, incorrect quantity, incorrect patient, and incorrect drug for improved accuracy;(D) demonstrate how to assist pharmacists in recognizing issues that require intervention such as adverse drug events, drug utilization review (DUR), and use of equipment and devices; and(E) demonstrate knowledge of medication errors such as near miss and adverse events and various reporting procedures such as MedWatch, vaccine adverse event reporting system (VAERS), and route-cause analysis (RCA).(7) The student applies pharmacy workflow procedures according to federal, state, local, and facility guidelines. The student is expected to:(A) describe the process for creating a prescription or medication order in compliance with pharmacy standards such as standards for patient rights, completeness of a prescription or medication order, and authorization;(B) discuss the steps in verifying a prescription or medication order such as right patient, right drug, right dosage, right time, and right route;(C) identify the proper procedures for entering a prescription or medication order, including procedures for workstation, use of technology, validation with drug enforcement administration (DEA) calculations, and transcribing such as using military time and Roman numerals;(D) apply the proper techniques for filling a prescription or medication order such as techniques for use of technology, counting, and selecting the correct medication;(E) explain the proper procedure for the administration of prescription or medication orders such as ear drops, eye drops, inhalations, parenteral, and enteral;(F) demonstrate knowledge of the workflow process for prescriptions and medication orders such as creation of the order, order entry, adjudication, verification, filling, labeling, billing, dispensing, and administration; and(G) describe the elements of third-party billing for out-patient dispensing, including prescription insurance ID cards, group numbers, BIN numbers, prior authorization, quantity limits, patient co-pays, maximum out-of-pocket costs, and deductibles.(8) The student evaluates mathematical process standards related to the practice of pharmacy. The student is expected to:(A) calculate dosage calculations for adults and special populations using conversions, ratios, and dimensional analysis to perform duties in a pharmacy setting;(B) apply conversions to systems of measurements, including apothecary, metric, and household, to perform duties in a pharmacy setting;(C) calculate the flow rate (or rate of administration) for an IV solution using ratios and conversions such as milliliters to drops, weight, or hours to minutes;(D) calculate days supply for a prescription order given a dose and sig;(E) calculate volume or mass of each of the total parenteral nutrition (TPN) components such as lipids, amino acids, dextrose, calcium, and magnesium;(F) calculate volume or mass of ingredients needed for compounding both sterile and non-sterile products;(G) calculate amount needed for percent of weight-to-volume, volume-to-volume, and weight-to-weight based on stock concentration; and(H) use calculations related to business math in a pharmacy setting, including profit, net profit, discounts, mark-ups, dispensing fee, average wholesale price, depreciation, and third-party.(9) The student demonstrates the use of technology in a pharmacy setting. The student is expected to:(A) identify the types and uses of automated dispensing technology such as cabinets, units, and carousels;(B) demonstrate knowledge and components of pharmacy dispensing software used in the out-patient setting, the in-patient setting, and in-office use dispensing;(C) apply professional standards using communication technology such as telephone, emails, fax, electronic prescriptions, and social media appropriate for a pharmacy setting;(D) apply knowledge of technology hardware devices for input and output such as computers, scanners, printers, interface devices, and other devices; and(E) select and use appropriate technology tools to search for drug information such as pill identification, adverse events, and contraindications.(10) The student uses critical thinking, scientific reasoning, research, or problem solving to make informed decisions and communicate within and outside the classroom. The student is expected to:(A) critique the validity and reliability of scientific research such as assessing for bias, conflict of interest, and study design;(B) demonstrate the ability to independently find valid and reliable sources such as primary, secondary, and tertiary literature; (C) identify safe use of online resources that maintain the privacy and confidentiality of the user and patient;(D) analyze online resources used in scientific research;(E) describe the recent innovations and advances in pharmacy;(F) identify opportunities for extended learning experiences such as community services, career and technical service organizations (CTSOs), and professional organizations; and(G) evaluate scientific information extracted from various sources such as accredited scientific journals, institutions of higher learning, current events, news reports, published journal articles, and marketing and promotional materials.(11) The student performs inventory procedures according to federal, state, local, and facility guidelines. The student is expected to:(A) analyze proper storage for medications in regard to temperature, light sensitivity, product demand, cost, and restricted access;(B) analyze therapeutic substitutions and product selection using the knowledge of formularies or preferred product list;(C) practice procedures for inventory control such as removal of expired/recalled drug products, rotating inventory, performing a physical inventory, and ordering medications/supplies;(D) explain how just-in-time or drop ship ordering and periodic automatic replenishment (PAR) levels are used to maintain pharmacy inventory;(E) analyze how laws affect the procedures for purchasing or ordering medications, devices, and supplies; and(F) analyze lot numbers, expiration dates, and National Drug Codes (NDC) on drug packaging for inventory accuracy.(12) The student demonstrates knowledge of safety procedures in a pharmacy setting. The student is expected to:(A) apply appropriate hygiene and cleaning standards, including hand washing and cleaning counting trays, countertops, and equipment;(B) perform basic safety and emergency preparedness procedures such as basic life support (BLS) and first aid applicable to pharmacy services;(C) explain the risks of drug diversion to employees, patients, and the community;(D) explain the potential solutions to minimize drug diversion such as identifying red flags, controlling inventory, and monitoring the prescription drug monitoring program (PDMP);(E) explain the types and uses of PPE and the steps for putting on (donning) and removing (doffing) PPE; and(F) explain why collecting and documenting patient allergies are important steps in medication safety.</content><note type="source"><p>Source Note: The provisions of this §127.484 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.485"><num value="127.485">§127.485</num><heading>Pharmacology (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: one credit in biology, one credit in chemistry, and at least one credit in a Level 2 or higher course from the health science career cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Pharmacology course is designed to study how natural and synthetic chemical agents such as drugs affect biological systems. Knowledge of the properties of therapeutic agents is vital in providing quality health care. It is an ever-changing, growing body of information that continually demands greater amounts of time and education from healthcare workers.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores the field and foundation of pharmacology. The student is expected to:(A) differentiate between pharmacology subdivisions, including pharmacodynamics, pharmacokinetics, pharmaceutics, and pharmacotherapeutics; (B) use common drug information materials such as accredited scientific journals, institutions of higher learning, current events, news reports, published journal articles, textbooks, and marketing materials;(C) list examples of primary, secondary, and tertiary drug information references;(D) research and describe the history of pharmacy and contributions of the field;(E) draw inferences based on data from promotional materials for products and services;(F) analyze the societal impact of medication costs; and(G) evaluate the impact of scientific research on society, including drug development and the natural environment, including drug disposal.(2) The student identifies careers associated with pharmacology. The student is expected to:(A) evaluate career pathways utilizing pharmacology;(B) define the role of the pharmacy team; and(C) research and describe emerging opportunities within the pharmacy profession.(3) The student explains the ethical and legal responsibilities associated with pharmacology. The student is expected to:(A) explain the causes, effects, and consequences associated with medical errors, including medication errors;(B) define legal terminology associated with medical errors such as negligence, product liability, contributory negligence, and regulatory law;(C) analyze the principles of medical ethics, including beneficence, autonomy, maleficence, and justice; and(D) evaluate professional liability.(4) The student uses medical terminology to communicate effectively with other healthcare professionals, patients, and caregivers. The student is expected to:(A) use the appropriate medical terminology to identify different classes of drugs;(B) communicate using medical terminology associated with pharmacology;(C) analyze unfamiliar terms using the knowledge of word roots, suffixes, and prefixes; and(D) interpret medical terminology to communicate with patients and caregivers.(5) The student demonstrates mathematical knowledge and skills to solve problems with systems of measurement used in the pharmacy. The student is expected to:(A) calculate medication dosages using formulas, ratios, proportions, and allegations;(B) convert a measurement expressed in one standard unit within a system to a measurement expressed in another unit within the same system;(C) convert a measurement expressed in one system to a unit of the same measurement in a different system, including metric, apothecary, avoirdupois, and household systems; and(D) evaluate statistical data and its limitations such as patient compliance, study design, and controls.(6) The student evaluates pharmaceutical agents, their dosage form, and routes of administration. The student is expected to:(A) analyze the availability of different dosage forms such as solid, liquid, patch, and IV solution;(B) give examples of the brand or generic names of drugs such as the top 200 drugs in each dosage form and routes of drug administration;(C) define medical terminology associated with drug dosage forms;(D) explain the difference between therapeutic effects, side effects, and toxic effects;(E) identify the mechanism of action of different drug classifications such as drug receptors, agonists, and antagonist relationships; (F) explain the dose response relationship concept such as the difference between oral and IV administration of drugs and explain the relationship between drug dosage, drug response, and time; and(G) explain drug safety practices such as monitoring expiration dates and drug disposal.(7) The student demonstrates knowledge and use of appropriate equipment, instruments, and technology. The student is expected to:(A) identify technology components used in the pharmacy workflow such as ordering, entering, filling, and dispensing;(B) describe how technology applications improve efficiency in the pharmacy; and(C) identify and demonstrate proper use and maintenance of equipment and instruments used in a pharmacy setting such as IV drop sets, scales, glucose supplies, dispensing units or cabinets, and other laboratory supplies.(8) The student practices safe protocols in preventing personal and client illness or injury. The student is expected to:(A) employ safety standards such as workplace standards;(B) interpret and apply pharmacy standards according to the strictest local, state, or federal regulations to enhance safety;(C) examine the consequences of unsafe practices; and(D) demonstrate safe procedures in the administration of client care in a simulated or clinical setting.</content><note type="source"><p>Source Note: The provisions of this §127.485 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.486"><num value="127.486">§127.486</num><heading>Medical Microbiology (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: one credit in biology, one credit in chemistry, and at least one credit in a course from the health science career cluster. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Medical Microbiology course is designed to explore the microbial world, studying topics such as pathogenic and non-pathogenic microorganisms, laboratory procedures, identifying microorganisms, drug-resistant organisms, and emerging diseases.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as microscopes, slides, streak plates, inoculating loops, Bunsen burners, striker, hot plate, petri dish, agar and other growth mediums, reactive agents, personal protective equipment (PPE), disposable pipettes, lab glassware and instruments, bacterium and other live microbial agents, enzymes, computer software and probes, incubator, and autoclave;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using equipment such as graphing calculator, computer software and probes, graphic organizers;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) or health science field in order to investigate careers.(5) The student examines the field of microbiology in relation to medical care. The student is expected to:(A) examine the historical development of microbiology as it relates to health care of an individual in modern medicine; and(B) compare the roles, functions, and responsibilities of agencies governing infectious disease control.(6) The student is expected to perform and analyze results in the microbiology laboratory. The student is expected to:(A) classify microorganisms using a dichotomous key;(B) prepare slides and discuss the differences between Gram positive and Gram negative bacteria such as the bacterial cell wall and the use of oxygen;(C) identify chemical processes such as enzyme catalyst and osmotic potential of microorganisms;(D) identify and discuss technologies used in a laboratory setting such as polymerase chain reaction (PCR), serology, enzyme-linked immunoassay (ELISA), and electrophoresis;(E) prepare plates or active mediums to differentiate the factors required for microbial reproduction and growth;(F) identify the normal flora microorganisms of the human body;(G) identify and differentiate between various pathogens, including opportunistic pathogens, hospital-acquired infections, community-acquired infections, and colonizing microorganisms;(H) isolate colonies and describe the morphology of microorganisms; and(I) interpret and explain the role of the culture and sensitivity report provided to the clinician.(7) The student examines the role of microorganisms in infectious diseases. The student is expected to:(A) outline and explain the infectious disease process, including how pathogenic microorganisms affect human body systems;(B) categorize diseases caused by bacteria, including Rickettsia, fungi, viruses, protozoa, arthropods, and helminths;(C) explain and interpret the body's immune responses and defenses against infection;(D) prepare a bacterial colony and evaluate the effects of anti-microbial agents such as narrow and broad-spectrum antibiotics;(E) examine the environmental and social causes of the emergence and reemergence of diseases such as corona viruses, Ebola, malaria, tuberculosis, and polio;(F) research and discuss drug aureus -resistant microorganisms, including carbapenem-resistant Enterobacteriaceae, methicillin-resistant Staphylococcus aureus, vancomycin-intermediate/resistant Staphylococci, vancomycin-resistant enterococci, and emergent antibiotic-resistant superbugs; and(G) outline the role of governing agencies in monitoring and establishing guidelines based on the spread of infectious diseases.(8) The student recognizes the importance of maintaining a safe environment and eliminating hazardous situations. The student is expected to:(A) identify and apply standard laboratory precautions;(B) identify and apply microbiological safety practices in accordance with industry standards, including the proper handling, disinfection, and disposal of biological waste and maintenance of containment levels;(C) identify and apply appropriate personal protection equipment (PPE) and transmission-based precautions, including precautions against droplet, contact, and airborne transmission;(D) sterilize laboratory and medical equipment and instruments in accordance with industry standards; and(E) define and select different mechanisms of decontamination such as antiseptics, disinfection, and sterilization.</content><note type="source"><p>Source Note: The provisions of this §127.486 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.487"><num value="127.487">§127.487</num><heading>Health Informatics (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Medical Terminology. Recommended prerequisites: Principles of Health Science and Business Information Management I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Health Informatics course is designed to provide knowledge of one of the fastest growing areas in both academic and professional fields. Healthcare information technology has increased demand for information and health professionals who can effectively design, develop, and use technologies such as electronic medical records, patient monitoring systems, and digital libraries. This course will include a focus on billing and coding.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student interprets fundamental knowledge of concepts of health information systems technology and the tools for collecting, storing, and retrieving health care data. The student is expected to:(A) discuss, define, and differentiate the common health information systems such as electronic medical records and electronic health records, practice management software, master patient index (MPI), patient portals, remote patient monitoring, and clinical decision support; and(B) explain how various health information systems support the administrative, financial, clinical, and research needs of a health care enterprise.(2) The student employs the various types of databases in relation to health informatics. The student is expected to:(A) define the function of a database management system;(B) identify the purpose of data modeling;(C) define the customary steps in the data modeling process;(D) differentiate between entities, attributes, and relationships in a data model; and(E) explain various types of organizational databases.(3) The student distinguishes between data and information. The student is expected to:(A) discuss the importance of data security, accuracy, integrity, reliability, and validity; and(B) demonstrate an understanding of data information concepts for health information systems, electronic health records, and patient registries.(4) The student examines the evolution of the health information system. The student is expected to:(A) evaluate the growing role of the electronic health record;(B) review the progress of the development of the electronic health record;(C) explain functional requirements for electronic health records; and(D) explain the concept and importance of the interoperability of electronic health records and other health information systems.(5) The student examines the process of medical diagnostic and coding concepts as well as current procedural practices. The student is expected to:(A) examine Health Insurance Portability and Accountability Act (HIPAA) guidelines for confidentiality, privacy, and security of a patient's information within the medical record;(B) differentiate between insurance fraud and insurance abuse;(C) discuss the linkage between current procedural terminology (CPT) codes; International Classification of Diseases, 10th revision, Clinical Modification (ICD-10-CM) codes; and medical necessity for reimbursement for charges billed;(D) search ICD-10-CM code system for correct diagnosis code using patient information;(E) identify the two types of codes in the health care common procedure coding system (HCPCS); and(F) explain how medical coding affects the payment process.(6) The student identifies agencies involved in the health insurance claims process. The student is expected to:(A) define fiscal intermediary;(B) define Medicaid and Medicare;(C) discuss health care benefit programs such as TRICARE and Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA);(D) explain how to manage a worker's compensation case;(E) complete a current health insurance claim form such as the Centers for Medicare and Medicaid Service (CMS-1500) form; and(F) identify three ways to transmit electronic claims.</content><note type="source"><p>Source Note: The provisions of this §127.487 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.488"><num value="127.488">§127.488</num><heading>Medical Billing and Coding (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Medical Terminology. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) Medical Billing and Coding familiarizes students with the process, language, medical procedure codes, requirements of Health Insurance Portability and Accountability Act (HIPAA), and skills they will need to make accurate records. Students will develop an understanding of the entire process of the revenue cycle and how to effectively manage it. The program is designed to prepare students for employment in a variety of health care settings as entry level coder, medical billing specialist, and patient access representative.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills..(1) The student explores career opportunities in revenue cycle management. The student is expected to:(A) identify professional opportunities within the medical billing and revenue cycle management professions;(B) demonstrate ethical billing and coding practices as outlined by professional associations guidelines; and(C) investigate professional associations applicable to the field of health informatics such as American Academy of Professional Coders (AAPC), American Health Information Management Association (AHIMA), Healthcare Billing and Management Association (HBMA), and American Association of Healthcare Administrative Management (AAHAM).(2) The student explains the ethical and legal responsibilities of personnel in medical billing and coding. The student is expected to:(A) identify major administrative agencies that affect billing and coding such as Centers for Medicare and Medicaid Services (CMS) and the Office of the Inspector General (OIG);(B) identify major laws and regulations that impact health information, including HIPAA, the Stark Law, the Fair Debt Collection Practices Act, and the False Claims Act;(C) analyze legal and ethical issues related to medical billing and coding, revenue cycle management, and documentation within the medical record;(D) research compliance laws;(E) identify appropriate documentation required for the release of patient information;(F) differentiate between informed and implied consent;(G) compare and contrast use of information and disclosure of information; and(H) evaluate cases for insurance fraud and abuse.(3) The student identifies the body systems to support proficiency in billing and coding. The student is expected to:(A) explain the sections and organizations of the International Classification of Diseases and Related Health Problems, 10th Revision, Clinical Modification (ICD-10-CM) and Current Procedural Terminology (CPT) coding manuals by identifying the anatomy and physiology of body systems and how they apply to medical billing and coding, including: (i) the integumentary system;(ii) the skeletal system;(iii) the muscular system;(iv) the cardiovascular system;(v) the respiratory system;(vi) the digestive system;(vii) the endocrine system;(viii) the urinary system;(ix) the reproductive system; and(x) the nervous system and special senses; and(B) identify mental, behavioral, and neurodevelopmental disorders and how they apply to medical billing and coding.(4) The student demonstrates proficiency in the use of the ICD-10-CM, CPT, and Healthcare Common Procedure Coding System (HCPCS) coding systems. The student is expected to:(A) apply coding conventions and guidelines for appropriate charge capture;(B) describe the process to update coding resources;(C) assign and verify diagnosis and procedure codes to the highest level of specificity, and, as applicable, HCPCS level II codes and modifiers in accordance with official guidelines;(D) describe the concepts of disease groupings and procedure-code bundling; (E) identify coding compliance, including medical necessity; and(F) use appropriate medical terminology and abbreviations. (5) The student understands revenue cycle management. The student is expected to:(A) define revenue cycle management;(B) differentiate between various types of employer-sponsored and government-sponsored insurance models, including health maintenance organization (HMO), preferred-provider organization (PPO), Medicare, Medicaid, TRICARE, high deductible health plans, and workers' compensation;(C) define Medicare Administrative Contractors (MACs) and investigate the administrative services provided by the MAC for Texas;(D) describe the patient scheduling and check-in process, including verifying insurance eligibility, obtaining pre-authorization, and processing appropriate patient authorization and referral forms;(E) describe the sections of the CMS-1500 form to prepare and submit mock clean claims electronically or manually;(F) differentiate between primary and secondary insurance plans to initially process crossover claims;(G) interpret remittance advice to determine financial responsibility of insurance company and patient, including a cash-paying patient;(H) analyze reason for insurance company denials or rejections and determine corrections or appeals required; and(I) analyze an aging report and how it relates to the revenue cycle.</content><note type="source"><p>Source Note: The provisions of this §127.488 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.489"><num value="127.489">§127.489</num><heading>Medical Assistant (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite or corequisite: Anatomy and Physiology. Recommended prerequisite: Medical Terminology. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) The Medical Assistant course provides students with the knowledge and skills to pursue a career as a medical assistant and to improve college and career readiness. Students will obtain communication skills, clinical ethics knowledge, safety awareness, and information related to medical assisting career opportunities.(4) To pursue a career in the health science industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) Professional integrity in the health science industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student evaluates the roles and responsibilities of the medical assistant as a member of the healthcare team. The student is expected to:(A) explain the role of the medical assistant in various healthcare settings;(B) discuss the scope of practice, including responsibilities and limitations of a medical assistant;(C) explain the level of authority within the healthcare professional hierarchy; and(D) identify the members of an interdisciplinary healthcare team and their roles such as licensed vocation nurse, registered nurse, primary care provider, specialists, and other allied health professionals. (2) The student applies professional communication skills to provide information to patients and team members in a healthcare setting. The student is expected to:(A) demonstrate the ability to report abnormal results in writing and orally to the patient's provider;(B) demonstrate how to communicate with patients, caregivers, and the interdisciplinary team to assist in the planning, delivery, and coordination of patient-centered care;(C) evaluate different communication techniques for responding to the needs of individuals in a diverse society;(D) practice conflict-resolution techniques such as cooperation, contribution, compromise, and collaboration in various situations; and(E) practice providing patient education on health-related topics such as clean catch urine collection, the risks and benefits of vaccinations, use of a peak-flow, and nebulizer treatments.(3) The student demonstrates knowledge of healthcare ethical principles in their practice of medical assisting. The student is expected to:(A) evaluate principles of ethical behavior, including beneficence, non-maleficence, justice, and autonomy;(B) debate ethical issues related to technological advances in health care such as stem cells, robotics, and immunologic therapies in health care;(C) evaluate ethical issues and legal ramifications related to malpractice, negligence, and liability; and(D) summarize legal and ethical standards, including Patient Bill of Rights, Advanced Directives, and the Health Insurance Portability and Accountability Act (HIPAA).(4) The student demonstrates knowledge of the administrative duties of a medical assistant in a healthcare setting. The student is expected to:(A) identify considerations for scheduling a patient such as availability of test results, availability of staff, patient flow, triage, and coordination of care;(B) discuss considerations related to managing an office schedule such as types of scheduling, under booking, over booking, cancellations, add-ons, and no-shows;(C) define the terms used in medical billing such as diagnosis codes, billing codes, billing cycle, co-pay, deductibles, maximum out-of-pocket, and time of service;(D) describe the elements of completing patient registration such as recording demographics, emergency contact, and insurance information; (E) analyze different types of health insurance coverage, including Medicare, Medicaid, TRICARE, Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA), private insurance, employer-based insurance, and workers' compensation;(F) identify the components of an insurance card such as plan name, group number, ID number, patient co-pay, co-insurance, and phone numbers;(G) define insurance plan terminology such as prior authorization, formulary, explanation of benefits, denial, appeal, and referrals;(H) define electronic health records systems and their components such as demographics, financial insurance information, orders and referrals, correspondence, and test results; and(I) analyze the benefits and risks of electronic health records systems.(5) The student uses appropriate medical terminology as a medical assistant. The student is expected to:(A) use directional terms and anatomical planes related to body structure;(B) use occupationally specific terms such as terms relating to the body systems, surgical and diagnostic procedures, diseases, and treatment; and(C) apply knowledge of prefixes, suffixes, and root words to translate medical terms to conversational language to facilitate communication.(6) The student practices or models patient intake skills as a medical assistant. The student is expected to:(A) collect and document patient information during an intake interview, including chief complaint; patient care team; past medical, surgical, social, and family histories; patient allergies; and comprehensive medication list;(B) explain how to use a medical chart to identify patient care needs;(C) identify normal ranges for vital signs per age group, including blood pressure, temperature, heart rate, respiratory rate, and oxygen saturation;(D) measure and record accurate vital signs, including manual blood pressure, temperature, heart rate, respiratory rate, and pain scale;(E) measure and record accurate anthropometric measurements, including height, weight, and head circumference; and(F) calculate accurate conversions between different units of measurement such as kilograms to pounds, centimeters to inches, and Fahrenheit to Celsius.(7) The student demonstrates knowledge and application of point of care testing as a medical assistant. The student is expected to:(A) define point of care testing;(B) identify and correlate specimen types and collection methods, including throat swabs, capillary blood, and urine used in point of care testing;(C) describe tests that might be performed as a point of care test in an office such as rapid strep, rapid flu, glucose, urine dip, urine pregnancy, vision screening, and electrocardiogram (EKG) tests;(D) perform and document a vision screening using the Snellen eye chart; and(E) locate landmarks for performing a 12-lead electrocardiogram (EKG).(8) The student demonstrates knowledge of medication preparation and administration in a clinical setting specific to the role of a medical assistant. The student is expected to:(A) apply the six rights of medication administration, including right patient, right medication, right dose, right time, right route, and right documentation;(B) identify drug classifications and the indication for use;(C) define drug-related terms, including adverse event, therapeutic response, side effect, drug interactions, and allergic reaction;(D) calculate the amount of medication to administer based on the dosage ordered and the strength of medication supply on hand;(E) evaluate a patient for known allergies and contraindications prior to administering any medication;(F) identify routes of medication administration, including oral, buccal, sublingual, inhaled, intranasal, otic, ophthalmic, intravaginal, anal, topical, transdermal, intradermal, subcutaneous, intramuscular, intravenous, and intrathecal;(G) use proper technique when preparing medications for administration, including injections, oral, sublingual, inhaled, otic, ophthalmic, and topical;(H) use proper technique when administering medications, including injections, oral, sublingual, inhaled, otic, ophthalmic, and topical;(I) identify appropriate muscle groups for intramuscular injections, including deltoid, vastus lateralis, and ventrogluteal;(J) explain the factors that influence intramuscular injection site selection, including patient size, patient age, viscosity of medication, and muscular density;(K) explain the factors that affect needle size and gauge selection, including medication viscosity, patient size, muscular density; and(L) demonstrate knowledge of syringe styles and markings on various size syringes such as Luer Lock, oral, insulin, TB, 1ml, 3ml, 5ml, and 10ml syringes.(9) The student demonstrates knowledge of collecting, labeling, storing, and transferring lab specimens. The student is expected to:(A) identify how to properly store and transfer lab specimens such as blood, urine, fecal, and sputum samples;(B) list the proper order of draw for blood collection tubes;(C) select the proper collection tubes for specific types of blood tests such as complete blood count (CBC), comprehensive metabolic panel (CMP), and lipid panel;(D) locate veins used for blood draws;(E) demonstrate proper technique and post procedural care for veinous blood draws; and(F) demonstrate proper labeling of lab specimens, including patient name, date of birth, source, date, time, and initials of collector. (10) The student demonstrates knowledge of patient populations and their specific care considerations. The student is expected to:(A) discuss and identify stages of development throughout a patient's lifespan;(B) describe coping and defense mechanisms exhibited by patients such as emotion-focused behaviors, problem-focused behaviors, denial, displacement, intellectualization, projection, rationalization, and regression;(C) identify and discuss end-of-life considerations such as advanced directives, power of attorney, stages of grief, and family support;(D) practice appropriate methods of care for working with patients with mental, physical, and developmental disabilities;(E) explain how socioeconomic factors such as income, transportation, access to community resources, employment, and education level can influence patient outcomes; and(F) explain how various multicultural values can affect patient care decisions.(11) The student demonstrates knowledge of safety practices and procedures as related to medical assisting. The student is expected to:(A) employ standard precautions in a healthcare scenario;(B) identify various modes of disease transmission, including vector borne, air borne, direct or indirect contact, and vehicle;(C) distinguish between the types of isolation precaution signage used to address modes of disease transmission such as contact, droplet, and airborne;(D) identify personal protective equipment (PPE);(E) apply the knowledge of PPE used in various situations such as venipuncture, collecting a throat swab, or dipping urine;(F) demonstrate proper putting on (donning) and removing (doffing) of PPE;(G) define the use of a sharps container, biohazard container, shredding bin, and trash receptacle;(H) practice safe handling of sharps such as not recapping after injection and prompt disposal in a sharps container;(I) identify symptoms of anaphylaxis and the proper emergency response;(J) explain storage requirements for medications, vaccines, and lab specimens;(K) locate and use the safety data sheets (SDS) to retrieve information such as proper storage, clean up, and exposure response; and(L) define and apply knowledge of medical asepsis.</content><note type="source"><p>Source Note: The provisions of this §127.489 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.490"><num value="127.490">§127.490</num><heading>Respiratory Therapy I (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: At least one credit in a course from the health science career cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) Respiratory Therapy I is a technical lab course that addresses knowledge and skills related to cardiopulmonary medicine. Respiratory therapists are specialized healthcare practitioners trained in cardiopulmonary medicine to work therapeutically with people suffering from cardiopulmonary diseases. Students will learn basic knowledge and skills performed by respiratory therapists using equipment such as: stethoscopes, sphygmomanometers, thermometers, pulse oximeters, oxygen delivery devices (nasal cannula, masks of various types), nebulizers, and airway clearance and hyperinflation therapy devices.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations, including:(A) work-based experiences/learning; and(B) volunteering/shadowing opportunities.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mathematics, science, English language arts, and social studies in respiratory therapy. The student is expected to:(A) interpret complex technical material related to respiratory therapy;(B) identify how race, culture, and religion impact patient care;(C) solve mathematical calculations related to respiratory therapy; and(D) summarize biological and chemical processes that maintain homeostasis.(2) The student investigates the history and profession of respiratory therapy, including education and licensure. The student is expected to:(A) analyze the advancement of respiratory therapy practices over time;(B) summarize the roles of respiratory therapists in various settings; and(C) identify academic requirements for respiratory therapist and professional advancement opportunities such as professional organizations, credentials, certifications, registrations, licensure, continuing education, and advanced degrees.(3) The student applies regulatory and safety standards in a respiratory therapy setting. The student is expected to:(A) identify and conform to regulations and guidelines from entities such as the World Health Organization (WHO), Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), U.S. Food and Drug Administration (FDA), The Joint Commission, the National Institute of Health (NIH), Texas Commission on Environmental Quality (TCEQ), Texas Department of State and Health Services (DSHS), and American Association for Respiratory Care (AARC);(B) identify infection control standard and transmission-based precautions in the patient care setting, including hand hygiene, equipment sterilization, and the use of personal protective equipment (PPE); and(C) identify industry safety standards, including standards for body mechanics, fire prevention, electrical safety, oxygen safety, and the handling of hazardous materials.(4) The student investigates the structure and function of cardiopulmonary anatomy. The student is expected to:(A) analyze the cardiovascular system, including ventricles, atrium, valves, blood vessels, nerves, blood flow, and cardiac conduction system;(B) explain the respiratory system, including airways, trachea, lungs, and pulmonary vessels that aid the body in the exchange of gases;(C) trace the blood flow through the cardiopulmonary system; and(D) examine a variety of human diseases and disorders affecting the cardiopulmonary system such as chronic obstructive pulmonary disease (COPD), asthma, pneumonia, cystic fibrosis, and lung cancer.(5) The student develops knowledge pertaining to respiratory therapy procedures. The student is expected to:(A) demonstrate the use of breathing exercises for patients with cardiopulmonary disease such as pursed lipped breathing and diaphragmatic breathing;(B) explain the use of hyperinflation and airway clearance therapies;(C) explain the use of tracheostomy and endotracheal tubes and oral and nasal airway devices for assisted breathing;(D) identify anatomy of the heart and lungs and proper endotracheal tube placement on X-ray;(E) explain the use of oximetry and arterial blood-gases for patient assessment;(F) identify and explain the use of the equipment for oxygen therapies such as nasal cannula, high flow nasal cannula, simple masks, air-entrainment masks, partial rebreather masks, and non-rebreather masks; and(G) demonstrate the administration of oxygen therapy using oxygen concentrators and portable cylinders.(6) The student recognizes cardiopulmonary pharmaceutical agents and safety and protocol measures. The student is expected to:(A) identify medications used in respiratory therapy, including bronchodilators and inhaled corticosteroids;(B) summarize indications, contraindications, and side effects of respiratory medications;(C) discuss delivery of respiratory medications such as nebulizers and meter dose inhalers (MDI); and(D) assess the impact of cardiopulmonary agents on vital signs.(7) The student implements the knowledge and skills of respiratory therapy professionals in a laboratory setting. The student is expected to:(A) demonstrate patient assessment of vital signs, including blood pressure, pulse, respiratory rate, temperature, oxygenation, and ventilation status;(B) demonstrate patient positioning for respiratory comfort and procedures;(C) demonstrate patient care techniques used in high stress respiratory therapy situations such as non-compliant, combative, and distressed patients; (D) demonstrate correct cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) skills; and (E) demonstrate therapeutic communication appropriate to the situation, including communication with individuals with language differences/barriers and sensory loss.(8) The student evaluates ethical behavioral standards and legal responsibilities in the respiratory therapy profession. The student is expected to:(A) examine legal and ethical behavior standards such as the Patient's Bill of Rights, advanced directives, and the Health Insurance Portability and Accountability Act (HIPAA);(B) investigate and discuss the legal and ethical ramifications of unacceptable behavior in therapeutic practice;(C) research and describe role of professional associations and regulatory agencies; and(D) describe ethical dilemmas in health care.</content><note type="source"><p>Source Note: The provisions of this §127.490 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.491"><num value="127.491">§127.491</num><heading>Respiratory Therapy II (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: Respiratory Therapy I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions.(2) The Health Science Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) Respiratory Therapy II is a technical lab course that addresses knowledge and skills related to critical care and cardiopulmonary medicine. Respiratory therapists are specialized healthcare practitioners trained in cardiopulmonary medicine to work therapeutically with people suffering from cardiopulmonary diseases. Students will learn advanced knowledge and skills performed by respiratory therapists using equipment such as stethoscopes, sphygmomanometers, thermometers, pulse oximeters and monitors, oxygen delivery devices (nasal cannula, masks of various types), nebulizers, airway clearance and hyperinflation therapy devices, spirometers, and intubation mannequin heads and equipment (endotracheal tubes, laryngoscopes, stylets).(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations, including:(A) work-based experiences/learning; and(B) volunteering/shadowing opportunities.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mathematics, science, English language arts, and social studies in respiratory therapy. The student is expected to:(A) analyze complex technical material related to respiratory therapy;(B) analyze how race, culture, and religion impact patient care;(C) apply mathematical calculations related to respiratory therapy; and(D) analyze biological and chemical processes that affect homeostasis in relation to cardiopulmonary diseases.(2) The student applies safety standards for a respiratory therapy setting. The student is expected to:(A) evaluate and apply standards and guidelines from entities, including the American Association for Respiratory Care (AARC), World Health Organization (WHO), Centers for Disease Control and Prevention (CDC), U.S. Food and Drug Administration (FDA), and Texas Commission on Environmental Quality (TCEQ), as they apply to cardiopulmonary diseases;(B) demonstrate infection control standard and transmission-based precautions in the laboratory setting, including hand hygiene, equipment sterilization, and the use of personal protective equipment (PPE); and(C) model industry safety standards, including standards for body mechanics, fire prevention, electrical safety, oxygen safety, and the handling of hazardous materials.(3) The student explains the interactions between the cardiopulmonary and other body systems as they relate to wellness and diseases. The student is expected to:(A) analyze the role of the autonomic nervous system in the regulation of the cardiopulmonary system as it pertains to health and illness;(B) analyze the role of the urinary system in the regulation of the acid-base and fluid balance and in cardiopulmonary health and illness;(C) investigate the interactions between body systems and cardiopulmonary diseases and disorders such as Guillain-Barré syndrome, Myasthenia Gravis, SARS-CoV-2 (Covid), Idiopathic Pulmonary Fibrosis (IPF), adult respiratory distress syndrome (ARDS), and congestive heart failure (CHF);(D) differentiate between normal heart rhythms and common cardiac dysrhythmias such as ventricular fibrillation, ventricular tachycardia, and asystole attributed to malfunctions in other body systems; and(E) discuss the role of respiratory therapists in the use of mechanical systems, including non-invasive and invasive mechanical ventilators and extracorporeal membrane oxygenation (ECMO), when the cardiopulmonary system fails.(4) The student implements the knowledge and skills of a respiratory therapy professional used in a laboratory setting. The student is expected to:(A) demonstrate breathing exercises commonly used for patients with cardiopulmonary disease;(B) demonstrate airway management skills in a laboratory setting using equipment for intubation and airway maintenance such as endotracheal and tracheostomy tubes, endotracheal/tracheal suction catheters, laryngoscopes, bag valve mask devices, oral and nasal airways, tube fasteners, or tape;(C) demonstrate airway clearance and hyperinflation therapies in a laboratory setting using equipment such as oscillating positive end pressure devices, high frequency chest wall oscillation devices, and an incentive spirometer;(D) differentiate between normal lung and pathology in a chest X-ray;(E) recognize typical and atypical arterial blood-gas values related to patient oxygenation and ventilation status;(F) demonstrate the use of the oxygen therapy equipment such as nasal cannula, high flow nasal cannula, simple masks, air-entrainment masks, partial rebreather masks, non-rebreather masks, and non-invasive ventilators;(G) demonstrate patient assessment methods, including inspection, auscultation, palpitation, and percussion;(H) interpret and create a basic care plan for asthma and chronic obstructive pulmonary disease (COPD);(I) demonstrate the role of a respiratory therapist during simulated emergency situations such as situations requiring a rapid response team and advanced cardiac life support; and(J) describe the respiratory therapists' role in patient education regarding the disease process and proper use of medication and respiratory equipment.(5) The student understands cardiopulmonary pharmaceutical agents and safety. The student is expected to:(A) research and identify the application of medications used in respiratory therapy, including bronchodilators, inhaled corticosteroids, mucolytics, biologics, inhaled antibiotics, inhaled pulmonary vasodilators, and antivirals;(B) evaluate indications, contraindications, and side effects of respiratory medications;(C) demonstrate delivery methods of medication such as nebulizers and meter dose inhalers (MDI); and(D) evaluate patient response to therapy before, during, and after respiratory treatments such as heart rate, blood pressure, respiration, and breath sounds.(6) The student evaluates ethical behavioral standards and legal responsibilities in the respiratory therapy profession. The student is expected to:(A) analyze legal and ethical scenarios as it relates to the Patient's Bill of Rights and the Health Insurance Portability and Accountability Act (HIPAA);(B) evaluate the legal and ethical ramifications of unacceptable behavior in therapeutic practice; and(C) describe ethical dilemmas in respiratory therapy such as advanced directives, palliative care, hospice, and end-of-life care.(7) The student identifies academic preparation and skills necessary for employment in the field of respiratory therapy. The student is expected to:(A) research and identify academic requirements for professional advancement such as credentials, certifications, licensure, registration, continuing education, and advanced degrees; and(B) research and identify the path to obtain and maintain entry level licensure and credentialing.</content><note type="source"><p>Source Note: The provisions of this §127.491 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.492"><num value="127.492">§127.492</num><heading>Healthcare Administration and Management (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Medical Terminology. Recommended prerequisites: Principles of Health Science and Business Information Management I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) Healthcare Administration and Management is designed to familiarize students with the concepts related to healthcare administration as well as the functions of management, including planning, organizing, staffing, leading, and controlling. Students will also demonstrate interpersonal and project-management skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates an understanding of the healthcare management concept. The student is expected to:(A) define the term healthcare management;(B) explain the roles and responsibilities of healthcare professionals, including the management functions of planning, organizing, staffing, leading, and controlling;(C) explain how organizational behavior and teamwork in healthcare impact patient outcomes and effective day-to-day operations; (D) explore and discuss the factors that influence healthcare management such as governmental regulations, payment models, employee turnover, and workforce shortages;(E) define ethical workplace behavior and role play how to make ethical decisions; and(F) explain how socially responsible management policies such as healthcare equity access, inclusion, and diversity policies are initiated and implemented.(2) The student recognizes the business functions of healthcare systems. The student is expected to:(A) differentiate among the major healthcare delivery systems such as hospitals, outpatient care facilities, community-based organizations, insurance companies, and pharmaceutical companies;(B) define and discuss healthcare quality and quality improvement;(C) specify various types of health information technology and discuss barriers to health information technology adoption;(D) investigate healthcare financing models;(E) explain the difference between and provide examples of healthcare revenues and healthcare expenses;(F) define revenue-cycle management; and(G) describe the roles of customer service and marketing in health care.(3) The student evaluates ethical behavioral standards and legal responsibilities. The student is expected to:(A) research and describe the role of professional associations and regulatory agencies;(B) examine legal and ethical behavior standards such as Patient Bill of Rights, Advanced Directives, and the Health Insurance Portability and Accountability Act (HIPAA);(C) investigate the legal and ethical ramifications of unacceptable behavior;(D) identify examples of conflicts of interest; and(E) differentiate between the concepts of fraud, waste, and abuse.</content><note type="source"><p>Source Note: The provisions of this §127.492 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.493"><num value="127.493">§127.493</num><heading>Leadership and Management in Nursing (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2022-2023 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: one credit in biology, one credit in chemistry, and at least one credit in a course from the health science career cluster. Recommended prerequisite: Science of Nursing. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) This course is designed to explore leadership and management in nursing, studying topics such as ethics, educational levels, career paths, regulatory bodies, and personal and professional leadership skills.(4) Students are encouraged to participate in extended learning experiences such as Health Occupations Students of America (HOSA), Skills USA, career and technical student organizations, and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the different educational levels of licensed nurses and applicable careers and career pathways. The student is expected to:(A) compare the differences between the educational requirements and roles of a licensed vocational nurse and a registered nurse;(B) diagram the educational requirements of a registered nurse, including diploma, associate degree, bachelor's degree, master's degree, and doctoral degree;(C) identify the different specializations of a nurse with a master's degree such as family nurse practitioner, nurse informaticist, nurse midwife, and nurse educator;(D) differentiate the roles of the Doctor of Philosophy (PhD) and the Doctor of Nursing Practice (DNP) prepared nurse; and(E) develop a six-year career plan in nursing.(2) The student understands the functions of leadership in nursing. The student is expected to:(A) illustrate or diagram the relationship and progression within the hierarchy of nursing leadership;(B) identify critical skills and competencies for each level in the hierarchy of nursing leadership;(C) present and examine the impact of each level of nursing in the hierarchy of leadership; and(D) investigate and analyze different leadership styles and how they are used in different situations.(3) The student demonstrates personal and professional leadership qualities and competencies. The student is expected to:(A) identify different personal growth practices such as self-reflection, introspection, self-care, and journaling;(B) describe and demonstrate intrapersonal skills such as empathy, patience, risk-taking, confidence, integrity, personal values and ethics, punctuality, and goal setting;(C) examine personal and professional values and ethics;(D) research and develop a plan to coach and mentor others; and(E) evaluate decision-making processes such as delegation, problem-solving processes such as conflict management, and processes to support patient satisfaction, patient safety, and patient advocacy.(4) The student demonstrates the appropriate use of communication techniques. The student is expected to:(A) examine communication platforms and apply the appropriate professional response in different mediums such as telephone, email, text, electronic health records, and face to face;(B) demonstrate professional written and verbal communication skills for individuals and teams using communication tools such as Situation Background Assessment and Recommendation (SBAR) and Acknowledge Introduce Duration Explanation and Thank you (AIDET);(C) determine appropriate communication methods for urgent, emergent, and non-urgent situations such as team strategies and tools to enhance performance and patient safety (TeamSTEPPS); and(D) demonstrate receiving and giving constructive criticism. (5) The student understands the definition and application of time management. The student is expected to:(A) demonstrate how to create an agenda that prioritizes tasks, duties, and responsibilities that must be completed, including required meetings and communications;(B) differentiate goals that advance professional growth and responsibility and non-professional goals;(C) identify factors that inhibit the good use of time and apply strategies that mitigate the loss of time; and(D) demonstrate how to manage long- and short-term personal and professional schedules by creating and updating a yearly calendar.(6) The student understands how to build and manage interdisciplinary teams and facilitate teamwork. The student is expected to:(A) define and explain the purpose of an interdisciplinary team and the role of each member;(B) develop a plan for creating a team through team-building exercises, culture and climate awareness, and interpersonal skills;(C) define and apply techniques to manage personal conflict within teams; and(D) describe the stages of team evolution such as forming, storming, norming, performing, and transforming.(7) The student understands regulatory agencies and boards and their related requirements. The student is expected to:(A) identify the role and responsibility of the Board of Nursing, including establishing graduation and licensure requirements; (B) identify federal, state, and local regulatory agencies such as local hospital boards, Health and Human Services, The Joint Commission, and Center for Medicare and Medicaid Services;(C) define and identify the nursing scope of practice;(D) compare the difference between a certification and licensure; and(E) compare the role of the Board of Nursing and professional nursing organizations.</content><note type="source"><p>Source Note: The provisions of this §127.493 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.510"><num value="127.510">§127.510</num><heading>Speech and Language Development (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisites: Principles of Health Science, Anatomy and Physiology, and Introduction to Speech Pathology and Audiology. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) The Speech and Language Development course provides advanced knowledge and skills related to speech and language acquisition and growth of developing children. Understanding healthy development and speech, language, and communication developmental milestones is a prerequisite for studying communication disorders. This course provides students with the knowledge and skills necessary to pursue further education, possibly culminating in a bachelor's degree and subsequent master's degree in communication sciences and disorders.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands basic human communication processes, including the biological, neurological, psychological, developmental, linguistic, and cultural processes. The student is expected to:(A) differentiate between communication, speech, language, and hearing;(B) summarize the structural bases of speech production and hearing;(C) compare anatomy and physiology of the speech mechanism; (D) examine and describe the anatomy and physiology of the auditory system;(E) identify and describe healthy verbal and nonverbal communication development;(F) describe the developmental building blocks and prerequisites for healthy speech and language development;(G) identify and define terminology related to human communication such as speech sound production, fluency (stuttering), voice, language, hearing, hearing loss, breathing, swallowing, pragmatics, and cognition; and(H) explain social-interactive and psychological bases of communication and the influences it has on interpersonal communication, including linguistic and cultural influences.(2) The student gains knowledge and understanding of various theoretical perspectives of healthy speech and language acquisition. The student is expected to:(A) investigate and explain the major theories of language acquisition;(B) compare the major theories of speech sound production; and(C) research and explain the connections between language development and speech development as they relate to phonological awareness in learning to read.(3) The student understands the healthy development of speech sound production in children. The student is expected to:(A) describe articulatory phonetics and explain how articulatory phonetics relate to the respiratory system, including the larynx, vocal tract, articulators (velopharynx, tongue, lips, and jaw), and air flow;(B) analyze the foundation for speech acquisition in relation to auditory perception before birth and in infants;(C) describe early vocal development in infants as a prerequisite for speech;(D) explain how the use of vowels by infants and young children is important for the development of speech;(E) illustrate ways to categorize or describe vowel and diphthong production;(F) research and describe the development of consonant inventories in young English-speaking children;(G) describe and differentiate between models for describing consonant production;(H) summarize progression in speech development for combining sounds into syllable shapes and words; and(I) analyze the linguistic and cultural influences of the heritage/native language on the development of speech sound production in English.(4) The student understands the components of a developing language system and how language skills develop in children. The student is expected to:(A) identify and explain the components of a language system, including phonology, phonetics, morphology, syntax, semantics, and pragmatics;(B) explain the components of a developing language system in terms of vocabulary, grammar, and social and interpersonal communication;(C) describe the prerequisite skills for developing language;(D) differentiate between language delay, language disorders, and language difference;(E) outline the milestones of healthy language development from birth through age five years related to comprehension and expression; (F) summarize healthy language development from Kindergarten (age 5) through Grade 5 (age 10 or 11) and describe factors that influence age-appropriate development of language;(G) describe healthy continuing language development in adolescence for each component of a developing language system; and(H) compare cultural and ethnic differences in language development.(5) The student explores the healthy development of verbal fluency skills in children. The student is expected to:(A) define and differentiate between verbal fluency, disfluencies, and stuttering;(B) identify and explain common disfluencies and periods of expected disfluencies;(C) explain the development of speech and language skills;(D) differentiate between and discuss variables that may affect verbal fluency; and(E) describe ways to measure verbal fluency for English language learners and evaluate the effectiveness of each method.(6) The student explores parameters of voice production in children and adults. The student is expected to:(A) describe the physical and physiological parameters of voice production;(B) describe the components of healthy voice production, including voice quality, pitch, loudness, resonance, and duration;(C) explain causes or etiologies of variations in voice production;(D) describe how parameters of voice production change throughout the span of life;(E) analyze environmental variables that may affect voice production;(F) explain the practice of speech-language pathology and allowable services; and(G) analyze the ethical considerations for the speech-language pathologist in dealing with individuals with a possible voice disorder and the requirement for ongoing work with a physician.(7) The student understands the development of effective language and communication skills needed to demonstrate high levels of achievement in elementary and secondary school. The student is expected to:(A) research and describe the milestones of communication development and literacy development;(B) compare milestones of communication development to the milestones of literacy development;(C) differentiate between interpersonal language used for conversational interaction and more formal, literate language used for learning academic content;(D) define and provide examples of tier 1, tier 2, and tier 3 vocabulary as it relates to language development and meeting grade level expectations of academic vocabulary across subject areas;(E) explain the development of language used for oral and written narratives and demonstrate how story grammar can be used as a bridge between conversational language and academic language;(F) analyze the development of pragmatic-language skills and the types of verbal, nonverbal, and written communication skills needed to do well in school; and(G) define emergent literacy and analyze the language base necessary for the development of reading skills.(8) The student explores healthy and unhealthy speech and language development. The student is expected to:(A) describe the role of the speech-language pathologist in determining healthy speech and language development and speech sound disorders and language disorders;(B) explain the purpose of and describe techniques for screening speech and language skills in children;(C) explain the purpose of and describe techniques for evaluating speech and language skills in children;(D) analyze the Response to Intervention (RtI) method for accurately identifying a speech or language disorder in school-age children; and(E) discuss the role of the speech-language pathologist in referral, counseling, and providing basic information when there are concerns about a child's speech or language development.(9) The student demonstrates effective verbal and nonverbal communication skills. The student is expected to:(A) describe and demonstrate appropriate communication skills when interacting with elementary age students, classroom teachers, speech-language pathologists, principals, and parents in various situations; (B) identify and demonstrate verbal and nonverbal communication techniques that should be used when communicating with children who have sensory loss, language barriers, cognitive impairment, and other learning disabilities;(C) identify and evaluate electronic communication and technology devices that may be used when interacting with children with communication disorders; and(D) differentiate between oral interpretation and translation skills from English to a second language.(10) The student explores the influence of dialects of Standard American English or native language on the development of speech and language skills in English and on the production of English. The student is expected to:(A) provide examples of how a common phrase may be expressed across Standard American English and three different dialects;(B) describe how speech and language patterns vary as a function of language, age, socioeconomic status, and geography;(C) analyze the characteristics of American English dialects in terms of speech sound production and language use;(D) explain the influence of heritage language on the speech sound production and grammar development of English in emergent bilingual students; and(E) analyze speech and language patterns of English language learners in terms of expected speech and language development.</content><note type="source"><p>Source Note: The provisions of this §127.510 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.511"><num value="127.511">§127.511</num><heading>Speech Communication Disorders (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: at least one credit in a course from the Health Science Career Cluster. Recommended prerequisites: Principles of Health Science, Anatomy and Physiology, Introduction to Speech-Language Pathology and Audiology, Speech and Language Development, and Human Growth and Development. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) The Speech Communication Disorders course is designed to provide for the development of advanced knowledge and skills related to an overview of communication disorders that occur in children and adults in the areas of speech sound production, stuttering, voice disorders, and the language areas of semantics, syntax, pragmatics, phonology, and metalinguistics. An overview of treatment for hearing loss and deafness will also be provided.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates knowledge of the nature of speech, language, hearing, and communication disorders and differences. The student is expected to:(A) identify the anatomy and describe the function of the peripheral and central auditory pathways;(B) describe the physical and psychological attributes of sound;(C) differentiate between the different types of hearing loss and their causes;(D) describe the impact of hearing loss on speech and language development;(E) compare the processes of speech, language, and hearing in people of various cultures;(F) identify and relate disorder differences in relationship to communication skills;(G) explain the concepts of speech, language, hearing, and communication disorders across the human lifespan; and(H) explain potential barriers and solutions that an interpreter or translator must consider when communicating with a child with a communication disorder.(2) The student demonstrates knowledge of the etiologies, characteristics, and anatomical/physical, acoustic, psychological, developmental, linguistic, and cultural correlates of communication disorders across the human lifespan. The student is expected to:(A) compare common causes of hearing impairment in children and adults;(B) analyze the causes of speech, language, and hearing disorders across the lifespan;(C) identify common communication and hearing disorders, their typical symptoms, etiologies, characteristics, and associated correlates;(D) evaluate the impact of communication disorders on the individual; and(E) compare cultural variations in how communication disorders are perceived.(3) The student describes the types of communication disorders most commonly seen in children and the services provided by professionals in this field to provide habilitation or rehabilitation. The student is expected to:(A) analyze speech sound disorders of the child's phonological system and describe the production of speech sounds such as place, manner, voicing, and distinctive feature analysis;(B) describe and organize evidence-based treatment approaches for speech sound disorders;(C) summarize fluency disorders, including secondary characteristics;(D) analyze evidence-based treatment approaches for stuttering;(E) identify voice disorders in terms of vocal quality, pitch, volume, resonance, and duration;(F) develop a plan for an evidence-based treatment for voice disorders and the required interface with a physician;(G) explain language disorders in terms of the child's use of syntax, morphology, semantics, pragmatics, phonology, and metalinguistics; and(H) compare current evidence-based treatment approaches for language disorders in preschool and elementary-age children.(4) The student demonstrates effective verbal and nonverbal communication skills. The student is expected to:(A) demonstrate communication skills appropriate to the situation when interacting with elementary age students, classroom teachers, speech-language pathologists, principals, and parents with communication disorders;(B) demonstrate knowledge of verbal and nonverbal communication techniques that should be used when communicating with children that have sensory loss, language barriers, cognitive impairment, and other learning disabilities; and(C) employ electronic communication and technology devices when interacting with children with communication disorders with appropriate supervision in a school setting.(5) The student demonstrates sensitivity and understanding of cultural and linguistic influences on an individual's communication patterns and describes how cultural and linguistic influences must be considered when working with children with communication disorders and their families. The student is expected to:(A) analyze how speech and language patterns vary as a function of language, age, socioeconomic status, and geography;(B) prepare a simulated interview with the parent or family member of a child referred for a hearing or communication evaluation; (C) identify patterns of communication that are common for individuals from different cultural and linguistic backgrounds such use of eye contact, personal space, and gestures;(D) apply design strategies for culturally sensitive family-centered practices for children with communication disorders; and(E) explain the terms language disorder, language delay, language difference, heritage language, and dialect for describing the communication patterns of a young child.(6) The student identifies screening, evaluation, and diagnosis procedures that are used to identify hearing loss/deafness, speech sound production disorders, stuttering, voice impairment, and language disorders in children. The student is expected to:(A) explain principles related to different audiometric test procedures;(B) participate in a basic audiometric test (screening procedure) and interpret a variety of test results regarding whether the individual passed or failed the screening;(C) interpret principles related to screening speech sound production, fluency, voice, and language skills in young children;(D) evaluate developmental screening activities that include screening speech and language development; and(E) synthesize the components of a comprehensive diagnostic report of findings inclusive of speech sound production, fluency (stuttering), voice production, and receptive, expressive, and social language skills to explain the test results.(7) The student identifies research-based and evidence-based practices in speech-language pathology and audiological service delivery. The student is expected to:(A) define evidence-based practice (EBP) and differentiate EBP from scientifically-based research in the fields of speech-language pathology and audiology;(B) define the set of Evidence Levels used by the American Speech-Language-Hearing Association as a protocol to evaluate research evidence;(C) correlate research studies to the Evidence Levels used by the American Speech-Language-Hearing Association;(D) analyze the role of expert opinion and clinical experience in evidence-based practice; and(E) design and present an action research project in the field of communication disorders.(8) The student demonstrates knowledge and understanding of a variety of treatment approaches used with children with communication disorders. The student is expected to:(A) compare two treatment approaches for speech sound disorders;(B) compare two treatment approaches for fluency disorders; (C) describe and practice treatment approaches for voice disorders in the areas of vocal quality, pitch, loudness, resonance, and duration;(D) compare two treatment approaches for language disorders in preschool children;(E) compare two treatment approaches for language disorders in elementary school-age children; and(F) identify treatment approaches for language disorders with children with disabilities such as autism, intellectual disability, cleft palate, or cerebral palsy.</content><note type="source"><p>Source Note: The provisions of this §127.511 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.512"><num value="127.512">§127.512</num><heading>Science of Nursing (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10 and 11. Prerequisite: at least one credit in a course from the Health Science Career Cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostics services, health informatics, support services, and biotechnology research and development.(3) The Science of Nursing course introduces students to basic research-based concepts in nursing. Topics include the nursing process, regulatory agencies, professional organizations, and the importance of critical thinking in patient care. Instruction includes skills needed to pursue a nursing degree and training requirements for specialty nursing roles. Knowledge and skills include emergency care, patient assessment, basic interpretation of vital signs, identification of patients with physical and mental disabilities, patient positioning, use of assistive devices, and application of nursing theories in patient care plans.(A) To pursue a career in the health science industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality healthcare depends on the ability to work well with others.(B) Professional integrity in the health science industry is dependent on acceptance of ethical responsibilities. Students employ their ethical responsibilities, recognize limitations, and understand the implications of their actions.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands tiers of nursing careers and the associated licensures. The student is expected to:(A) identify and describe the educational and certification requirements for an entry-level patient care technician (PCT);(B) identify and describe common work settings, including hospitals, doctors' offices, and healthcare agencies for PCTs;(C) list qualifications to become a certified nursing assistant (CNA);(D) identify and describe scope of practice for CNAs;(E) describe the professional responsibilities of unlicensed assistive personnel (UAP) and explain how UAPs assist individuals with physical disabilities, mental disorders, and other healthcare needs;(F) compare coursework required to obtain nursing credentials, including a licensed vocational nurse (LVN), Associate Degree Registered Nurse (ADN RN), and Bachelor of Science in Nursing Registered Nurse (BSN RN);(G) analyze the requirements for advanced practice registered nurse (APRN) certification, including certified registered nurse anesthetist (CRNA), certified nurse midwife (CNM), certified nurse practitioner (CNP), and certified clinical nurse specialist (CNS); and(H) compare nursing specialty options, including pediatric, critical care, emergency room, mental health, forensic, geriatric, and hospice nursing roles.(2) The student examines how the nursing process is used to collect subjective and objective data in patient assessment. The student is expected to:(A) describe the steps of a basic patient intake interview, including recording family history, biographical information, reason for seeking healthcare, present illness or health concerns, past health history, current medication list, and review of systems;(B) explain the visual and physical head-to-toe assessment, including abnormal and normal structure and function of the body systems, used to evaluate patient condition;(C) describe the importance of patient vital signs, including temperature, systolic and diastolic pressures, pulse, respiratory rate, pulse oximetry, and pain assessment using appropriate pain scales, in assessing a patient's overall health status;(D) identify equipment, including a thermometer, sphygmomanometer, stethoscope, pulse oximeter, and time keeping device, used to measure and record patient vital signs;(E) compare patient vital signs, including values outside of normal ranges, that establish baseline homeostasis; and(F) explain how the steps in the nursing process are used to assist the patient to reach optimal physiological, social, mental, and emotional wellness.(3) The student demonstrates knowledge of therapeutic care by reviewing patient activities of daily living (ADL). The student is expected to:(A) define and differentiate between essential ADLs;(B) explain the procedures for assessing patient independence, identifying functional limitations, and developing appropriate care plans;(C) explain how a nurse promotes optimal patient function and quality of life;(D) identify mental health disorders, including depression and anxiety, on patient ADLs;(E) evaluate physical disabilities and limitations to recommend the correct assistive device for patient care; and(F) identify and align therapeutic care to specific deficiencies in ADLs such as performing personal care, ambulating, and orienting to and using assistive devices to promote patient independence and optimize functional outcomes.(4) The student understands the role of the nurse in providing first aid and emergency care. The student is expected to:(A) identify and describe first aid and emergency care certifications such as Basic Life Support (BLS), Automated External Defibrillator (AED), First Aid, and Mental Health First Aid;(B) discuss the advantages of obtaining first aid and emergency care certifications;(C) identify and describe first aid and emergency care skills used by nurses; and(D) explain the significance of the role of a nurse in an emergency setting such as an emergency room, intensive care unit, urgent care, or a life-saving event.(5) The student applies nursing theory to simulate the implementation of patient care. The student is expected to:(A) identify and explain the purpose of medical equipment that is used to assist patients with varied needs, including a Hoyer lift, hospital beds, foley catheter and drainage system, wheelchairs, gait belts, and bedside commodes;(B) compare patient care needs throughout the lifespan using theories such as Maslow's Hierarchy of Needs, Erik Erikson's Stages of Psychosocial Development, and Jean Piaget's Theory of Child Development;(C) identify proper patient positioning for patient needs, including Trendelenburg, Fowler's, supine, prone, lithotomy, and lateral recumbent;(D) identify methods used to educate patients, family members, and caregivers in techniques for managing disabilities; and(E) model the proper use of assistive medical equipment used in a variety of medical facilities, including long-term care, nursing and rehabilitation, home healthcare settings, and classroom environment.(6) The student examines technology used in the practice of nursing. The student is expected to:(A) identify and describe the technology, including electronic medical records, mobile computer workstations, scanning devices, and charting software, used to collect patient information;(B) describe how to access laboratory values and normal ranges for diagnostic tests such as complete blood count, comprehensive metabolic panel, basic metabolic panel, and urinalysis to determine patient health status; and(C) identify and describe advancements in technology, including remote patient monitoring systems, wearable monitoring systems, electronic intake patient interviews, interpreting services, deaf-link communication services, and patient safety alarms.(7) The student understands the importance of using critical-thinking skills in the nursing process. The student is expected to:(A) analyze the components of conducting a comprehensive patient assessment;(B) identify and differentiate between subjective and objective data, including what the patient reports and what is observable and quantifiable;(C) compare trends in health outcomes between national, Texas, and local populations across their lifespans, including birth rates, life expectancy, mortality rates, and morbidity rates;(D) analyze peer-reviewed medical research articles to evaluate the efficacy of specific treatments in improving patient care outcomes;(E) create a patient care plan using procedures, including assess, diagnose, plan, implement and evaluate (ADPIE) and subjective, objective, assess, plan, implement, and evaluate (SOAPIE);(F) analyze the impact of nursing interventions on patient condition in a simulated setting; and(G) examine and describe clinical outcomes based upon patient assessment, care plan, and nursing interventions.(8) The student understands pharmacology terminology associated with nursing practices. The student is expected to:(A) identify and describe the eight rights of medication administration, including right patient, medication, dose, route, time, documentation, diagnosis, and response;(B) identify and describe the principles of pharmacodynamics, including receptor binding, drug-receptor interactions, dose-response relationships, and therapeutic index;(C) explain pharmacokinetics in the human body system, including the course of drug absorption, distribution, metabolism, and excretion;(D) analyze the advantages of various routes of drug administration, including oral, injection, topical, buccal, suppository, mucosal, intravenous, interosseous, nebulization, and intrathecal; and(E) analyze the disadvantages of various routes of drug administration, including oral, injection, topical, buccal, suppository, mucosal, intravenous, interosseous, nebulization, and intrathecal.</content><note type="source"><p>Source Note: The provisions of this §127.512 adopted to be effective February 24, 2026, 51 TexReg 1124.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.553"><num value="127.553">§127.553</num><heading>Practicum in Health Science (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Health Science Theory and Biology. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Practicum in Health Science course is designed to give students practical application of previously studied knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience.(4) To pursue a career in the health care industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) The health care industry is comprised of diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems that function individually and collaboratively to provide comprehensive health care. Students recognize the employment opportunities, technology, and safety requirements of each system. Students are expected to apply the knowledge and skills necessary to pursue a health science certification or licensure through further education and employment.(6) Professional integrity in the health care industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(7) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(8) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mathematics, science, English language arts, and social sciences in health science. The student is expected to:(A) interpret data from various sources in formulating conclusions;(B) compile information from a variety of sources to create a technical report;(C) plan, prepare, and deliver a presentation;(D) examine the environmental factors that affect homeostasis; (E) relate anatomical structure to physiological functions; and(F) distinguish atypical anatomy and physiology in the human body systems.(2) The student uses verbal and non-verbal communication skills. The student is expected to:(A) accurately report information according to facility policies and procedures;(B) demonstrate therapeutic communication skills to provide quality care; and(C) employ therapeutic measures to minimize communication barriers.(3) The student implements the knowledge and skills of a health care professional necessary to acquire and retain employment. The student is expected to:(A) demonstrate proficiency in medical terminology and skills related to the health care of an individual;(B) develop new problem-solving strategies based on previous knowledge and skills; and(C) evaluate performance for continuous improvement and advancement in health care.(4) The student employs ethical behavior standards and legal responsibilities. The student is expected to:(A) identify individual ethical and legal behavior standards according to professional regulatory agencies; and(B) research case studies related to unethical behavior in the health care industry.(5) The student employs a safe environment to prevent hazardous situations. The student is expected to:(A) integrate regulatory standards such as standard precautions and safe patient handling;(B) evaluate hazardous materials according to the material safety data sheets; and(C) apply principles of infection control and body mechanics in all aspects of the health care industry.(6) The student explores the knowledge and skill levels necessary for advancing in the health science professions. The student is expected to:(A) identify knowledge and skills that are transferable among health science professions; and(B) research career pathways pertaining to the health care industry.(7) The student implements skills in monitoring individual health status during therapeutic or diagnostic procedures. The student is expected to:(A) identify care indicators of health status; and(B) record health status according to facility protocol.(8) The student recognizes the importance of participation in extended learning experiences. The student is expected to:(A) participate in extended learning experiences such as community service, career and technical student organizations, and professional organizations; and(B) create a plan of action targeting the career and technical student organization's community service goal.</content><note type="source"><p>Source Note: The provisions of this §127.553 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.554"><num value="127.554">§127.554</num><heading>Extended Practicum in Health Science (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Health Science Career Cluster. Prerequisites: Health Science Theory and Biology. Corequisite: Practicum in Health Science. This course must be taken concurrently with Practicum in Health Science and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) The Extended Practicum in Health Science course is designed to give students practical application of previously studied knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience.(4) To pursue a career in the health science industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) The health science industry is comprised of diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems that function individually and collaboratively to provide comprehensive health care. Students should identify the employment opportunities, technology, and safety requirements of each system. Students are expected to apply the knowledge and skills necessary to pursue a health science career through further education and employment. (6) Professional integrity in the health science industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(7) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(8) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to:(A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) report information according to facility policies and procedures accurately;(C) demonstrate therapeutic communication skills with increased fluency to provide quality care;(D) analyze, interpret, and effectively communicate information, data, and observations;(E) apply active listening skills to obtain and clarify information; and(F) observe and interpret verbal and nonverbal cues and behaviors to enhance communication.(2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions.(3) The student understands and applies proper safety techniques in the workplace to prevent hazardous situations. The student is expected to:(A) demonstrate an understanding of and follow workplace safety rules and regulations;(B) implement regulatory standards such as standard precautions and safe patient handling with increased fluency;(C) evaluate hazardous materials according to the material safety data sheets in a consistent manner; and(D) apply principles of infection control and body mechanics in all aspects of the health care industry.(4) The student understands the professional, ethical, and legal responsibilities in health science. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) implement individual ethical and legal behavior standards according to professional regulatory agencies;(C) show integrity by choosing the ethical course of action when making decisions; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student implements the knowledge and skills of a health care professional necessary to acquire and retain employment. The student is expected to demonstrate proficiency in medical terminology and skills related to the health care of an individual.(6) The student participates in a supervised health science experience. The student is expected to:(A) conduct, document, and evaluate learning activities in a supervised health science experience;(B) develop advanced technical knowledge and skills related to a personal occupational objective;(C) evaluate strengths and weaknesses in technical skill proficiency; and(D) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.554 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scJ/s127.555"><num value="127.555">§127.555</num><heading>Practicum in Nursing (Two Credits), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: one credit in biology, one credit in chemistry, and at least one course in a Level 2 or higher course in the nursing science program of study. Recommended prerequisites: Science of Nursing, Medical Terminology, and Anatomy and Physiology. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Health Science Career Cluster focuses on planning, managing, and providing therapeutic services, diagnostic services, health informatics, support services, and biotechnology research and development.(3) Practicum in Nursing is designed to give students practical applications of previously studied knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience.(4) To pursue a career in the nursing industry, students should learn to reason, think critically, make decisions, solve problems, and communicate effectively. Students should recognize that quality health care depends on the ability to work well with others.(5) The health care industry is comprised of diagnostic, therapeutic, health informatics, support services, and biotechnology research and development systems that function individually and collaboratively to provide comprehensive health care. Students recognize the employment opportunities, technology, and safety requirements of each system. Students are expected to apply the knowledge and skills necessary to pursue a health science certification or licensure through further education and employment.(6) Professional integrity in the health care industry is dependent on acceptance of ethical and legal responsibilities. Students are expected to employ their ethical and legal responsibilities, recognize limitations, and understand the implications of their actions.(7) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(8) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mathematics, science, English language arts, and social sciences in nursing. The student is expected to:(A) solve mathematical calculations appropriate to situations in a health-related environment;(B) communicate using medical terminology;(C) express ideas in writing and develop skills in documentation;(D) interpret complex technical material related to the health science industry;(E) summarize biological and chemical processes that maintain homeostasis;(F) explain changes in body structure due to trauma and disease; and(G) research the global impact of disease prevention and cost containment.(2) The student models ethical behavior standards and legal responsibilities. The student is expected to:(A) apply facility and industry standard policies and procedures, including the Health Insurance Portability and Accountability Act (HIPAA);(B) research and present case studies related to legal and ethical issues in health care;(C) recognize and analyze professional boundaries of patient relationships; and(D) model safe practices, including infection control, proper body mechanics, and patient handling.(3) The student explores the knowledge and skills of the nursing process for assessment. The student is expected to:(A) perform and assess subjective data during a patient intake in a clinical or simulated setting by:(i) performing a complete health history, including family and social data; and(ii) assessing the chief complaint, history of present illness, past medical history, and a review of systems; and(B) perform and assess objective data during a patient intake in a clinical or simulated setting by demonstrating:(i) the skill of obtaining core vital signs;(ii) the skill of obtaining and assessing height and weight and weight fluctuations; and(iii) the performance of a head-to-toe physical assessment. (4) The student explores the knowledge and skills of the nursing process for implementation or intervention. The student is expected to:(A) demonstrate the proper use and application of medical equipment related to oxygen therapy, glucometers, pulse oximeters, catheters, incentive spirometers, mobility devices, patient handling devices, and electric hospital beds and chairs;(B) demonstrate patient care, including care related to activities of daily living (ADL), patient positioning, patients' range of motion, basic first aid, patient transfers, and patient transport; (C) demonstrate skills related to or acquire basic life support (BLS) certification as required by industry standards; and(D) demonstrate the skills necessary to track nutrition and elimination such as input and output (I&O) and types of diets.(5) The student explores the knowledge and skills of the nursing process of evaluation and re-evaluation. The student is expected to:(A) compare normal and abnormal healthcare data;(B) identify how to report trends and abnormal findings to appropriate personnel according to facility protocols; and(C) explain the significance of abnormal findings.(6) The student explores the knowledge and skills of the nursing process of documentation. The student is expected to:(A) document objective data using medical terminology;(B) document subjective data using medical terminology; and(C) record documentation using various models such as Situation, Background, Assessment, and Recommendation (SBAR); Acknowledge, Introduce, Duration, Explanation, and Thank you (AIDET); and Subjective, Objective, Assessment Plan (SOAP).(7) The student provides care for diverse populations such as persons from varying age groups and persons with physical limitations or mental health needs in clinical or simulated environment. The student is expected to:(A) demonstrate appropriate usage of verbal and non-verbal communication techniques for providing care to persons from diverse populations; and(B) apply appropriate techniques for assessments and care.(8) The student is expected to provide culturally appropriate care. The student is expected to:(A) use culturally appropriate verbal and non-verbal communication skills; and(B) demonstrate patient interaction strategies for assessments and care.</content><note type="source"><p>Source Note: The provisions of this §127.555 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scK"><num value="K">SUBCHAPTER K</num><heading>HOSPITALITY AND TOURISM</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.561"><num value="127.561">§127.561</num><heading>Principles of Hospitality and Tourism (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Principles of Hospitality and Tourism introduces students to an industry that encompasses lodging, travel and tourism, recreation, amusements, attractions, and food/beverage operations. Students learn knowledge and skills focusing on communication, time management, and customer service that meet industry standards. Students will explore the history of the hospitality and tourism industry and examine characteristics needed for success in that industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses verbal and nonverbal communication to provide a positive experience for guests and employees. The student is expected to:(A) develop and execute formal and informal presentations; and(B) practice customer service skills.(2) The student understands that personal success depends on personal effort. The student is expected to:(A) demonstrate self-responsibility and self-management;(B) explain the characteristics of personal values, ethics, and fundamental principles;(C) display positive attitudes and good work habits;(D) develop strategies for achieving accuracy; and(E) develop organizational skills.(3) The student develops an understanding of time management, decision making, and prioritization. The student is expected to:(A) identify and apply effective practices for managing time;(B) analyze the benefits of balancing career and home life;(C) learn and apply steps in the decision-making process; and(D) work independently.(4) The student researches, analyzes, and explores lifestyle and career goals. The student is expected to:(A) prioritize career goals and ways to achieve those goals in the hospitality and tourism industry;(B) compare and contrast education or training and certifications needed for careers in the hospitality and tourism industry; (C) examine related community service opportunities; and(D) describe the components and importance of a career portfolio.(5) The student uses technology to gather information. The student is expected to:(A) understand the need for computer applications to perform workplace tasks;(B) recognize that types of computerized systems are used to manage operations and guest services in the hospitality and tourism industry; and(C) discuss why computerized systems are used in operations and guest services in the hospitality and tourism industry.(6) The student demonstrates leadership, citizenship, and teamwork skills required for success. The student is expected to:(A) develop team-building skills;(B) develop decision-making and problem-solving skills;(C) conduct and participate in effective meetings;(D) identify leadership and teamwork qualities that create a pleasant working atmosphere; and(E) identify community service activities related to the hospitality and tourism industry.(7) The student explains how resources (employees, guests, and property) are managed to minimize losses or liabilities in the hospitality and tourism industry. The student is expected to:(A) identify and explain job safety and security practices; (B) recognize and implement the basics of sanitation;(C) understand and demonstrate procedures for cleaning, sanitizing, and storing equipment and tools; and(D) determine how environmental issues and trends affect the hospitality and tourism industry.(8) The student explores the history of the hospitality and tourism industry. The student is expected to:(A) examine the varied operations required within the hospitality and tourism industry;(B) understand the job qualifications for various careers in the hospitality and tourism industry; and(C) differentiate amongst lodging, travel and tourism, recreation amusements, attractions and resorts, and food and beverage service.(9) The student demonstrates research skills applicable to the hospitality and tourism industry. The student is expected to:(A) develop technical vocabulary of the hospitality and tourism industry;(B) design a customized product for the hospitality and tourism industry; and(C) identify local and regional trends and issues in the hospitality and tourism industry.(10) The student understands the importance of customer service. The student is expected to:(A) determine ways to provide quality customer service;(B) analyze how guests are affected by employee attitude, appearance, and actions; and(C) examine different types of service across the industry.</content><note type="source"><p>Source Note: The provisions of this §127.561 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.562"><num value="127.562">§127.562</num><heading>Introduction to Culinary Arts (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Recommended prerequisite: Principles of Hospitality and Tourism. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Introduction to Culinary Arts will emphasize the principles of planning, organizing, staffing, directing, and controlling the management of a variety of food service operations. The course will provide insight into the operation of a well-run restaurant. Introduction to Culinary Arts will provide insight into food production skills, various levels of industry management, and hospitality skills. This is an entry level course for students interested in pursuing a career in the food service industry. This course is offered as a classroom and laboratory-based course.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student gains academic knowledge and skills required to pursue the full range of career and postsecondary education opportunities within the restaurant food service industry. The student is expected to:(A) organize oral and written information;(B) compose a variety of written documents such as menus, presentations, and advertisements;(C) calculate numerical concepts such as weights, measurements, and percentages;(D) identify how scientific principles are used in the food service industry; and(E) use mathematics and science knowledge and skills to produce quality food products.(2) The student uses verbal and nonverbal communication skills to create, express, and interpret information to establish a positive work environment. The student is expected to:(A) develop and deliver presentations;(B) identify various marketing strategies used by the food service industry such as traditional and innovative marketing strategies;(C) demonstrate proper techniques for answering restaurant phones;(D) relate interpersonal communications such as verbal and nonverbal cues to enhance communication with coworkers, employers, customers, and clients; and(E) demonstrate active listening skills to obtain and clarify information.(3) The student solves problems using critical thinking, innovation, and creativity independently and in teams. The student is expected to:(A) generate creative ideas to solve problems by brainstorming possible solutions; and(B) employ critical-thinking and interpersonal skills to resolve conflicts with individuals such as coworkers, customers, clients, and employers.(4) The student uses information technology tools specific to restaurant management to access, manage, integrate, and interpret information. The student is expected to:(A) use information technology tools and applications to perform workplace responsibilities;(B) demonstrate knowledge and use of point-of-sale systems; and(C) evaluate Internet resources for information.(5) The student understands roles within teams, work units, departments, organizations, and the larger environment of the food service industry. The student is expected to:(A) explain the different types and functions of kitchen, front-of-the-house, and support roles;(B) investigate quality-control standards and practices;(C) differentiate between various styles of restaurant services such as table, buffet, fast food, fast casual, and quick service;(D) illustrate various place settings using proper placement of dining utensils; and(E) demonstrate the proper service techniques in food service operations.(6) The student understands the importance of health, safety, and environmental management systems in organizations and their importance to organizational performance and regulatory compliance. The student is expected to:(A) assess workplace conditions with regard to safety and health;(B) analyze potential effects caused by common chemicals and hazardous materials;(C) demonstrate first aid and cardiopulmonary resuscitation skills;(D) apply safety and sanitation standards common to the workplace;(E) research sources of food-borne illness and determine ways to prevent them;(F) determine professional attire and personal hygiene for restaurant employees; and(G) prepare for a state or national food sanitation certification or other appropriate certifications.(7) The student uses leadership and teamwork skills in collaborating with others to accomplish organizational goals and objectives. The student is expected to:(A) apply team-building skills;(B) apply decision-making and problem-solving skills;(C) determine leadership and teamwork qualities to aid in creating a pleasant working atmosphere; and(D) participate in community leadership and teamwork opportunities to enhance professional skills.(8) The student knows and understands the importance of professional ethics and legal responsibilities within the food service industry. The student is expected to:(A) demonstrate ethical reasoning in a variety of workplace situations in order to make decisions;(B) interpret and explain written organizational policies and procedures to help employees perform their jobs; and(C) develop guidelines for professional conduct.(9) The student demonstrates an understanding that personal success depends on personal effort. The student is expected to:(A) demonstrate a proactive understanding of self-responsibility and self-management;(B) identify behaviors needed to be employable and maintain employment such as positive work ethics and positive personal qualities;(C) identify and evaluate the effects of exercise, nutritional dietary habits, and emotional factors such as stress, fatigue, or anxiety on job performance;(D) implement stress-management techniques; and(E) follow directions and procedures independently.(10) The student develops principles in time management, decision making, effective communication, and prioritization. The student is expected to:(A) apply effective practices for managing time and energy;(B) analyze various steps in the career decision-making process; and(C) discuss the importance of balancing a career, family, and leisure activities.(11) The student knows and understands the importance of employability skills. The student is expected to:(A) demonstrate skills related to seeking employment in the food service industry;(B) identify the required training and educational requirements that lead toward appropriate career goals;(C) select educational and work history highlights to include in a career portfolio;(D) create and update a personal career portfolio;(E) recognize required employment forms and their functions such as I-9, work visa, W-4, and licensures to meet employment requirements; (F) research the local and regional labor workforce market to determine opportunities for advancement;(G) investigate professional development training opportunities to keep current on relevant trends and information within the industry; and(H) recognize entrepreneurship opportunities.(12) The student understands the use of technical knowledge and skills required to pursue careers in the restaurant food service industry, including knowledge of design, operation, and maintenance of technological systems. The student is expected to:(A) define job-specific technical vocabulary;(B) analyze customer comments to formulate improvements in services and products and training of staff;(C) detail ways to achieve high rates of customer satisfaction; (D) use different types of payment options to facilitate customer payments for services; and(E) demonstrate technical skills used in producing quality food service.(13) The student understands factors that affect the food service industry. The student is expected to:(A) outline the history and growth of the food service industry;(B) identify an entrepreneur who has made significant contributions to the food service industry; and(C) explain cultural globalization and its influence on food.(14) The student evaluates and determines equipment, ingredients, and procedures in a professional food setting. The student is expected to:(A) identify the role of mise en place;(B) identify and use large and small equipment in the professional food service setting;(C) identify the types of knives and proper usage in a commercial kitchen;(D) demonstrate proper knife safety, handling, cleaning, and storage;(E) differentiate between different types of produce and identify factors such as grading, purchasing, storage, and usage;(F) differentiate between dry goods and identify factors such as purchasing and storage;(G) differentiate between proteins and identify factors such as types, grades, purchasing, and storage;(H) describe the methods of cooking, including dry heat, moist heat, and combination heat; and(I) differentiate between common baking methods and identify common ingredients used in baking.</content><note type="source"><p>Source Note: The provisions of this §127.562 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.563"><num value="127.563">§127.563</num><heading>Culinary Arts (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Hospitality and Tourism and Introduction to Culinary Arts. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Culinary Arts begins with the fundamentals and principles of the art of cooking and the science of baking and includes management and production skills and techniques. Students can pursue a national sanitation certification or other appropriate industry certifications. This course is offered as a laboratory-based course.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies advanced reading, writing, mathematics, and science skills for the food service industry. The student is expected to:(A) compose industry appropriate documents such as purchasing specifications and purchase orders;(B) comprehend a variety of texts such as operations and training manuals;(C) calculate numerical concepts such as percentages and estimations in practical situations, including weight and measures;(D) understand scientific principles used in culinary arts;(E) read and comprehend standardized recipes;(F) write and convert standardized recipes; and(G) calculate and manage food costs.(2) The student integrates listening, writing, and speaking skills using verbal and nonverbal communication to enhance operations, guest satisfaction, and professional development. The student is expected to:(A) create formal or informal presentations;(B) properly answer business phones;(C) write instructions for a specific restaurant for a culinary procedure or the use of a piece of equipment; and(D) attend and participate in an industry-focused staff meeting.(3) The student demonstrates an understanding that personal success depends on personal effort. The student is expected to:(A) demonstrate a proactive understanding of self-responsibility and self-management;(B) explain the characteristics of personal values and principles;(C) demonstrate positive attitudes and work habits;(D) demonstrate exemplary appearance and personal hygiene; and(E) identify and manage the effects of exercise, dietary habits, and emotional factors such as stress, fatigue, or anxiety on job performance.(4) The student develops principles in time management, decision making, effective communication, and prioritization. The student is expected to:(A) apply effective practices for managing time and energy; and(B) analyze various steps in the decision-making process.(5) The student researches, analyzes, and explores lifestyle and career goals. The student examines jobs available in the food service industry and accesses career opportunities. The student is expected to:(A) research the major job duties and qualifications for various positions in the food service industry to facilitate selection of career choices in culinary arts;(B) update a personal career portfolio;(C) demonstrate proper interview techniques; and(D) establish personal short- and long-term goals.(6) The student understands factors that affect the food service industry. The student is expected to:(A) research how historical and current trends in society affect the food service industry;(B) identify global cultures and traditions related to food;(C) research famous chefs from history; and(D) summarize historical entrepreneurs who influenced food service in the United States.(7) The student evaluates and determines equipment, ingredients, and procedures used in a professional food setting. The student is expected to:(A) identify and demonstrate the role of mise en place in the professional food service setting;(B) identify and use large and small equipment in a commercial kitchen;(C) develop and practice food production and presentation techniques;(D) identify and use the appropriate application of moist, dry, and combination cookery methods;(E) demonstrate the preparation skills of items commonly prepared in food service operations such as breakfast cookery, salads and dressings, soups and sandwiches, stocks and sauces, appetizers, seafood, poultry, meat, pastas and grains, and fruits and vegetables; and(F) demonstrate baking techniques such as yeast breads and rolls, quick breads, and desserts.(8) The student understands the various food service operations such as quick service, fast casual, casual, fine dining, institutional, and beverage service. The student is expected to:(A) explain quality customer service;(B) demonstrate types of table setting, dining, and service skills;(C) differentiate between service styles; and(D) compare and contrast the roles of the front of the house and the back of the house in the various food service operations. (9) The student uses technology and computer applications to manage food service operations. The student is expected to:(A) use technology tools appropriate for the industry;(B) operate technology applications to perform workplace tasks;(C) explain and use point-of-sale systems in various food service operations;(D) demonstrate knowledge in computer programs used for food management;(E) evaluate information sources for culinary arts; and(F) interpret data such as spreadsheets, databases, and sales reports.(10) The student demonstrates leadership, citizenship, and teamwork skills required for success. The student is expected to:(A) apply team-building skills;(B) apply decision-making and problem-solving skills;(C) determine leadership and teamwork qualities in creating a pleasant working atmosphere; and(D) participate in community leadership and teamwork opportunities to enhance professional skills.(11) The student explains how employees, guests, and property are protected to minimize losses or liabilities. The student is expected to:(A) determine the basics of safety in culinary arts;(B) assess workplace conditions and identify safety hazards;(C) determine the basics of sanitation in a professional kitchen;(D) determine proper receiving, storage, and distribution techniques;(E) demonstrate proper cleaning of equipment and maintenance in the commercial kitchen;(F) assess food hazards and determine ways to prevent food hazards; and(G) prepare for a state or national food sanitation certification or other appropriate certifications.(12) The student recognizes and models work ethics and legal responsibilities. The student is expected to:(A) understand and comply with laws and regulations specific to the food service industry; and(B) demonstrate a positive work ethic.</content><note type="source"><p>Source Note: The provisions of this §127.563 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.564"><num value="127.564">§127.564</num><heading>Advanced Culinary Arts (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Culinary Arts. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Advanced Culinary Arts will extend content and enhance skills introduced in Culinary Arts by in-depth instruction of industry-driven standards in order to prepare students for success in higher education, certifications, and/or immediate employment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches, analyzes, and designs a path to achieve career goals. The student examines jobs available in the food service industry and accesses career opportunities. The student is expected to:(A) demonstrate major duties and qualifications for all staff and managerial positions to facilitate selection of career choices in the food service industry;(B) model proper interview techniques;(C) critique personal and short-term goals; and(D) create and update a career portfolio.(2) The student explains how employees, guests, and property are protected to minimize losses or liabilities. The student is expected to:(A) determine the basics of safety in culinary arts;(B) assess workplace conditions and identify safety hazards;(C) determine the basics of sanitation in a professional kitchen;(D) determine proper receiving, storage, and distribution techniques;(E) explain and demonstrate proper cleaning of equipment and maintenance of the commercial kitchen;(F) assess food hazards and determine ways to prevent food hazards; and(G) prepare for a state or national food sanitation certification or other appropriate certifications.(3) The student evaluates global cuisines, including the culture, history, and indigenous ingredients to create international recipes. The student is expected to:(A) replicate advanced moist and dry cooking techniques from global cuisines such as American regional, Latin American, European, Mediterranean, Middle Eastern, and Asian;(B) synthesize indigenous ingredients from global cuisine to create innovative dishes; and(C) justify the connection of flavor, texture, visual appeal, taste, and customer satisfaction on product development.(4) The student demonstrates an understanding of sustainability in the restaurant industry and its local and global effect. The student is expected to:(A) evaluate practices for water and energy conservation across the food service industry;(B) identify waste management options to promote sustainability; and(C) evaluate current sustainable food practices.(5) The student demonstrates comprehensive protein product knowledge as it relates to flavor, texture, visual appeal, taste, and customer satisfaction and establishes quality standards. The student is expected to:(A) assess grading and classifications;(B) identify primal, sub-primal, and retail cuts;(C) demonstrate fabrication techniques on proteins;(D) evaluate purchasing practices according to various food service operations;(E) model appropriate cooking methods for proteins; and(F) evaluate appropriate cooking methods in regard to various protein selections.(6) The student demonstrates comprehensive fish and shellfish product knowledge as it relates to flavor, texture, visual appeal, taste, and customer satisfaction and establishes quality standards. The student is expected to:(A) categorize classifications of fish and shellfish;(B) evaluate factors that influence seafood purchasing such as freshness, flavor, sustainability, and market conditions;(C) demonstrate the ability to clean and fabricate round, flat, fin fish, and shellfish;(D) model appropriate cooking methods for fish and shellfish; and(E) evaluate the effects of cooking methods on product presentation.(7) The student demonstrates comprehensive knowledge of fruits, vegetables, grains, herbs, spices, and other dry goods as related to presentation, flavor, texture, visual appeal, taste, and customer satisfaction and establishes quality standards. The student is expected to:(A) compare types of commonly available produce;(B) identify factors contributing to cost and quality such as seasonality, market volatility, and transportation;(C) compare and contrast forms and use of produce such as fresh, frozen, canned, dried, and other classifications;(D) model appropriate cooking methods for produce; and(E) evaluate the effects of cooking methods on produce.(8) The student understands advanced baking and pastry principles. The student is expected to:(A) use professional food preparation equipment such as commercial-grade mixers, food processors, and measuring tools;(B) apply proper measuring and scaling techniques; and(C) compose various plated desserts appropriate for various food service operations.(9) The student demonstrates and practices the basic procedures for the production of yeast and quick bread products. The student is expected to:(A) differentiate how various types of bread crusts are created through fermentation, proofing, baking temperatures, and humidity;(B) prepare soft, hard, and artisanal breads through proper baking techniques; and(C) differentiate between quick breads such as muffins, scones, and biscuits.(10) The student demonstrates and practices the basic procedures for the production of pastry crust, pastry dough, and cookie. The student is expected to:(A) compare different types of pastry crusts and usage in pies and tarts;(B) prepare pie fillings such as fruit, soft, and custard fillings;(C) prepare different types of pastry dough such as Pate a Choux, Pate Sucree, and laminated dough;(D) differentiate between various cookie preparation methods;(E) determine the causes of crispness, moistness, chewiness, and the spread of cookies; and(F) bake, cook, and store cookies properly.(11) The student demonstrates and practices the basic procedures for the production of cakes, frostings, fillings, and icings. The student is expected to:(A) differentiate between cake preparation methods;(B) differentiate the functions of icings and determine appropriate application;(C) assemble and ice simple layer cakes, sheet cakes, and cupcakes;(D) demonstrate the ability to identify criteria for evaluation of cake products;(E) prepare various icings such as fondant, buttercreams, flat, royal, and glazes; and(F) perform basic piping skills with a parchment cone and pastry bag with tips.(12) The student demonstrates and practices the basic procedures for the production of custards, creams, and mousse. The student is expected to:(A) compose desserts such as ice creams, custards, mousse, and other desserts; and(B) identify the roles of desserts such as ice creams, custards, mousse, and other desserts.(13) The student demonstrates and practices the basic procedures for the production of chocolate, sugars, confections, and sauces. The student is expected to:(A) differentiate between the types of advanced confections; (B) model methods of preparation in each type of confection; (C) use chocolate as a major ingredient in dessert or food production;(D) temper chocolate;(E) use tempered chocolate in dessert preparation;(F) cook sugar syrups to various stages of hardness;(G) prepare dessert sauces such as custard, chocolate, caramel, fruit fillings, and coulis; and(H) serve attractively plated desserts with appropriate sauces and garnishes.(14) The student evaluates nutrition concepts as they affect health and wellness, marketing, and menu planning. The student is expected to:(A) analyze the role of carbohydrates, vitamins, minerals, proteins, and fats as they relate to food choices; and(B) research and develop menus for populations with dietary requirements or restrictions.(15) The student analyzes the components of cost controls in a food service operation and develops a plan to manage cost. The student is expected to:(A) differentiate between the major costs in food service such as food, beverage, and labor costs;(B) validate the effect of controlling costs on the success of a food service operation;(C) compare and contrast the concept of fixed costs, variable costs, and controllable costs; and(D) compare and contrast the relationship between inventory management and cost control in food service operations.</content><note type="source"><p>Source Note: The provisions of this §127.564 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.565"><num value="127.565">§127.565</num><heading>Food Science (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: one credit in biology, one credit in chemistry, and at least one credit in a Level 2 or higher course from the hospitality and tourism or agriculture, food, and natural resources career clusters. Recommended prerequisite: Principles of Hospitality and Tourism. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) In Food Science, students examine the nature and properties of foods, food microbiology, and the principles of science in food production, processing, preparation, and preservation; use scientific methods to conduct laboratory and field investigations; and make informed decisions using critical thinking and scientific problem solving. This course provides students a foundation for further study that leads to occupations in food and beverage services; the health sciences; agriculture, food, and natural resources; and human services.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Scientific hypotheses and theories. Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools such as calculators, spreadsheet software, data-collecting probes, computers, standard laboratory glassware, microscopes, various prepared slides, metric rulers, electronic balances, hand lenses, Celsius thermometers, hot plates, lab notebooks or journals, timing devices, cameras, Petri dishes, lab incubators, and models, diagrams, or samples of biological specimens or structures, vacuum sealer, oven, cook top, cookware, bakeware, cutlery, and measuring cups and spoons;(E) collect quantitative data using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using lab reports, labeled drawings, graphic organizers, journals, summaries, oral reports, and technology-based reports;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics or food science field.(5) The student analyzes household and commercial sustainability and regulatory practices in food production. The student is expected to:(A) research and investigate resource use, sustainability, and conservation in food production such as with water, land, and oceans;(B) analyze the effect of food on the decomposition cycle, including composting, recycling, and disposal; and(C) demonstrate appropriate methods for sorting and disposing of food waste, including fats and oils, and packaging waste from food production.(6) The student analyzes the role of acids and bases in food science. The student is expected to:(A) evaluate physical and chemical properties of acids and bases; and(B) analyze the relationship of pH to the properties, safety, and freshness of food.(7) The student evaluates the principles of microbiology and food safety practices. The student is expected to:(A) investigate the properties of microorganisms that cause food spoilage;(B) compare food intoxication and food infection;(C) examine methods to destroy or inactivate harmful pathogens in foods;(D) compare beneficial and harmful microorganisms, including lactic acid bacteria, acetic acid bacteria, various baking and brewing yeasts, E. coli, Staphylococcus, Clostridium botulinum, Clostridium perfringens, Salmonella, Listeria, and Shigella;(E) analyze sanitary food-handling practices such as personal hygiene or equipment sanitation; and(F) prepare for a state or national food manager sanitation certification or alternative credential within the field of food science technology.(8) The student examines the chemical properties of food. The student is expected to:(A) describe acids, bases, salts, carbohydrates, lipids, proteins and other elements, compounds, and mixtures related to food science;(B) compare heterogeneous and homogeneous mixtures;(C) analyze chemical and physical changes in food; and(D) use chemical symbols, formulas, and equations in food science such as oxidation of sugars in a cut apple or fermentation in the production of yogurt.(9) The student analyzes solutions, colloids, solids, gels, foams, and emulsions in food science. The student is expected to:(A) identify the solvent and solute in various solutions such as brines;(B) compare unsaturated, saturated, and supersaturated solutions, including their effects on boiling and freezing points in food preparation such as when making candy or ice cream;(C) calculate the concentration of a solution using mass percent such as the concentration of sugar needed for crystallization; (D) describe the properties of colloidal dispersions such as gelatin, mayonnaise, or milk;(E) differentiate between and give examples of temporary, semi-permanent, and permanent emulsions;(F) investigate the relationships between the three parts of a permanent emulsion; and(G) create temporary, semi-permanent, and permanent food emulsions.(10) The student analyzes the functions of enzymes in food science. The student is expected to:(A) describe the role of enzymes as catalysts in chemical reactions of food, including cheese-making, the enzymatic tenderization of meat, and oxidation of sugars in fruit;(B) explain the relationship between an enzyme and a substrate;(C) analyze the functions of enzymes in digestion, including the factors that influence enzyme activity, and relate enzymatic activity in digestion to dietary restrictions; and(D) analyze enzyme reactions in food preparation, including cheese-making, the enzymatic tenderization of meat, and oxidation of sugars in fruit.(11) The student evaluates the role of fermentation in food science. The student is expected to:(A) analyze modern and historical reasons food is fermented; (B) describe the conditions under which bacterial fermentation of food occurs and use chemical equations to describe the products of fermentation; and(C) prepare various fermented food products.(12) The student assesses the reaction of leavening agents in baked products. The student is expected to:(A) describe the physical and chemical changes that occur in leavening;(B) identify various leavening agents and describe their functions in food production;(C) use chemical equations to describe how acids act as leavening agents;(D) conduct laboratory experiments with various types and amounts of leavening agents to compare the doughs and batters produced; and(E) create baked products using various leavening agents.(13) The student explores the roles of food additives. The student is expected to:(A) evaluate the various types of food additives such as incidental, intentional, natural, and artificial;(B) investigate the various functions of food additives such as preserving food, increasing nutritive value, and enhancing sensory characteristics; and(C) research local, state, national, and international agencies involved in regulating food additives.(14) The student analyzes the effects of heat energy transfer in food production. The student is expected to:(A) analyze the relationship between molecular motion and temperature;(B) compare heat transfer processes, including conduction, convection, and radiation;(C) investigate the role of phase changes in food production, including crystallization, coagulation, and reduction; and(D) demonstrate rates of reaction using various temperatures and describe the effects of temperature on the characteristics of food products.(15) The student evaluates the properties of carbohydrates in food and their effects on food production. The student is expected to:(A) identify the physical properties and chemical structures of simple and complex carbohydrates;(B) describe the functions of carbohydrates such as caramelization, crystallization, and thickening agents in food production; (C) describe the processes of gelatinization and retrogradation in food production; and(D) create food products using simple and complex carbohydrates. (16) The student evaluates the properties of fats in food and their effects on food production. The student is expected to:(A) identify the physical properties and chemical structures of saturated and unsaturated fats;(B) describe the functions of different types of fats in food production;(C) demonstrate methods for controlling fat oxidation;(D) analyze the effects of temperature on fats in food preparation;(E) conduct laboratory experiments using the scientific processes to explore the functions of fats in food production; and(F) create food products using saturated and unsaturated fats.(17) The student evaluates the properties of proteins and their effects on food production. The student is expected to:(A) identify the physical properties and chemical structures of proteins;(B) explain the processes of protein denaturation, coagulation, and syneresis;(C) describe the functions and uses of proteins such as in emulsions, foams, and gluten formation;(D) analyze the effects of moisture and temperature on protein in food production such as moist and dry heat methods for preparation; and(E) create food products using protein.(18) The student evaluates the properties of vitamins and minerals and their interrelationships in food production. The student is expected to compare the effects of food production on water- and fat-soluble vitamins and minerals.(19) The student evaluates the properties of water and their effects on food production. The student is expected to:(A) identify the properties of water, including as a solvent or medium, and its effects on food production; and(B) compare the effects of hard and soft water on food production.(20) The student explains nutritional aspects of food production. The student is expected to:(A) describe how variations in human digestion and metabolism affect dietary modifications;(B) identify common and special dietary modifications such as for food allergies, intolerances, or medical conditions;(C) develop and modify recipes for dietary differences such as allergies and intolerances or for personal health preferences such as low-fat or sugar-free; and(D) plan and create a dining experience using the most recent USDA dietary guidelines.(21) The student analyzes processes that manage bacteria to safe levels during food production. The student is expected to investigate processes that manage food bacteria such as dehydration, pasteurization, and food irradiation.(22) The student examines packaging and labeling guidelines. The student is expected to:(A) research and evaluate federal food packaging regulations, including the information required on a food label;(B) compare global food packaging regulations to those of the United States; and(C) analyze the effectiveness of commercial food packaging for specific foods.(23) The student analyzes food preservation processes. The student is expected to:(A) describe the benefits of food preservation;(B) compare various methods of household and commercial dehydration, canning, and freezing; and(C) create a food product using a selected preservation method.</content><note type="source"><p>Source Note: The provisions of this §127.565 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.566"><num value="127.566">§127.566</num><heading>Travel and Tourism Management (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Hospitality and Tourism. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events and travel-related services.(3) Travel and Tourism Management incorporates management principles and procedures of the travel and tourism industry as well as destination geography, airlines, international travel, cruising, travel by rail, lodging, recreation, amusements, attractions, and resorts. Employment qualifications and opportunities are also included in this course.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses oral and written communication skills in creating, expressing, and interpreting information and ideas, including technical terminology and information. The student is expected to:(A) select and employ verbal skills when obtaining and conveying information;(B) use verbal and nonverbal communication skills effectively with diverse constituents; (C) develop and deliver presentations using appropriate technology such as to engage, inform, and persuade audiences; and(D) compose a variety of written documents used in travel and tourism such as itineraries, thank you letters, presentations, and advertisements.(2) The student solves problems independently and in teams using critical-thinking skills. The student is expected to:(A) generate creative ideas by brainstorming possible solutions;(B) guide individuals through the process of making informed travel decisions;(C) interpret and use industry standards for principles of budgeting and forecasting to maximize profit and growth; (D) analyze customer comments to formulate improvements in services and products; and(E) summarize how to use the state of the economy to plan products and services.(3) The student uses information technology tools specific to the travel and tourism industry to access, manage, integrate, and create information. The student is expected to:(A) operate and use technological applications to communicate within a workplace and perform a task;(B) distinguish among the different modes of travel such as airline, cruise line, road travel, and rail;(C) differentiate among recreation such as amusement, attractions, and resort venues;(D) research travel arrangement systems used for booking reservations; and(E) create basic multimedia publications.(4) The student understands roles within teams, work units, departments, organizations, inter-organization systems, and the larger environment of the travel and tourism industry. The student is expected to:(A) explain the functions and interactions of various departments within a travel and tourism business;(B) research quality-control systems and practices;(C) develop plans to accomplish organizational goals; and(D) formulate collaborative plans with other related industries such as lodging, food and beverage service, and transportation agencies to provide an all-inclusive product for the customer.(5) The student understands the importance of health, safety, and environmental systems in the travel and tourism industry and their importance to organizational performance and regulatory compliance. The student is expected to:(A) identify hazards common to workplaces such as safety, health, and environmental hazards;(B) use industry standards to implement safety precautions to maintain a safe worksite;(C) research and relate first aid and cardiopulmonary resuscitation skills;(D) describe environmental procedures that ensure a facility is in compliance with health codes;(E) describe how to train others for emergency situations; (F) analyze potential effects caused by common chemicals and hazardous materials; and(G) compare and contrast security measures to protect the guests, staff, and property.(6) The student uses leadership and teamwork skills in collaborating with others to accomplish organizational goals and objectives. The student is expected to:(A) apply team-building skills;(B) apply decision-making and problem-solving skills;(C) apply teamwork qualities in creating a pleasant work environment;(D) determine the impact of cultural diversity on teamwork; and(E) participate in community service opportunities.(7) The student knows and understands the importance of professional ethics and legal responsibilities. The student is expected to:(A) discuss ethical reasoning to a variety of workplace situations in order to make decisions; and(B) research information on organizational policies in handbooks and manuals.(8) The student knows and understands the importance of employability skills and is able to explore and effectively plan for managing travel and tourism careers. The student is expected to:(A) identify and demonstrate behaviors and skills necessary to be employable;(B) identify the training and education requirements that lead toward an appropriate certification for employment;(C) demonstrate proper interview techniques;(D) update or create a career portfolio;(E) investigate continuing education opportunities within the industry;(F) examine appropriate credentialing requirements to maintain compliance with industry requirements;(G) compare and contrast the effect of stress, fatigue, and anxiety on job performance;(H) complete required employment forms such as I-9, work visa, W-4, and licensures to meet employment requirements; and(I) explore entrepreneurship opportunities within the travel and tourism industry.(9) The student develops principles in time management, decision making, effective communication, and prioritizing. The student is expected to:(A) apply effective practices for time management;(B) analyze various steps in the decision-making process for prioritizing effectively; and(C) discuss the importance of balancing a career, a family, and leisure activities.(10) The student uses technical knowledge and skills required in the travel and tourism industry. The student is expected to:(A) develop job-specific technical vocabulary;(B) use marketing techniques to sell products and services; (C) evaluate current and emerging technologies to improve guest services;(D) explain different types of payment options;(E) analyze customer service concepts and scenarios;(F) describe how customer service affects a company's bottom line;(G) develop an awareness of cultural diversity to enhance travel planning such as differences in social etiquette, dress, and behaviors;(H) demonstrate an understanding of tourism sales and the impact on distribution systems; (I) demonstrate knowledge of destination, attraction planning, and development, including the use of organizations such as convention and visitor's bureaus and state tourist boards; and(J) investigate geography and factors that affect the travel and tourism industry.</content><note type="source"><p>Source Note: The provisions of this §127.566 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.567"><num value="127.567">§127.567</num><heading>Hotel Management (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Hospitality and Tourism. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Hotel Management focuses on the knowledge and skills needed to pursue staff and management positions available in the hotel industry. This in-depth study of the lodging industry includes departments within a hotel such as front desk, food and beverage, housekeeping, maintenance, human resources, and accounting. This course will focus on, but not be limited to, professional communication, leadership, management, human resources, technology, and accounting.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses verbal and nonverbal communication skills to create, express, and interpret information for providing a positive experience for guests and employees. The student is expected to:(A) develop, deliver, and critique presentations;(B) analyze various marketing strategies for a lodging property and available services;(C) demonstrate proper techniques for using telecommunications equipment;(D) interpret verbal and nonverbal cues to enhance communication with individuals such as coworkers, guests, and clients;(E) locate written information used to communicate with individuals such as coworkers and guests;(F) apply and model active listening skills to obtain and clarify information; and(G) follow directions and procedures independently and in teams.(2) The student solves problems independently and in teams using critical thinking, innovation, and creativity. The student is expected to:(A) generate creative ideas to solve problems by brainstorming possible solutions;(B) employ critical-thinking and interpersonal skills to resolve conflicts with individuals such as coworkers, employers, guests, and clients; and(C) interpret and use industry standards for principles of budgeting and forecasting to maximize profit and growth.(3) The student demonstrates an understanding that personal success depends on personal effort. The student is expected to:(A) demonstrate an understanding of self-responsibility and self-management;(B) identify and demonstrate both positive and negative work behaviors and personal qualities for employability; and(C) evaluate the effects of health and wellness on employee performance.(4) The student develops principles in time management, decision making, effective communication, and prioritization. The student is expected to:(A) apply effective practices for managing time and energy;(B) develop and implement stress-management techniques;(C) assemble and analyze the various steps in the decision-making process; and(D) evaluate the importance of balancing a career, family, and leisure activities and develop various techniques to reduce conflict.(5) The student understands the importance of employability skills. The student is expected to:(A) assemble the required training or education requirements that lead to an appropriate industry certification;(B) comprehend and model skills related to seeking employment;(C) assemble and/or update an electronic personal career portfolio;(D) complete a job application in written and electronic format;(E) examine and model proper interview techniques in applying for employment;(F) complete required employment forms such as I-9, work visa, W-4, and licensures to meet employment requirements;(G) research the local labor workforce market to determine opportunities for lodging employment; and(H) investigate professional lodging organizations and development training opportunities to keep current on relevant trends and information within the lodging industry.(6) The student understands roles within teams, work units, departments, organizations, and the larger environment of the lodging industry. The student is expected to:(A) identify lodging departments and distinguish among the duties and responsibilities within each department;(B) implement quality-control standards and practices;(C) compare and contrast duties and responsibilities from each department to the larger lodging environment, including food and beverage services;(D) identify, compare, and contrast all types of lodging properties;(E) compare and contrast lodging revenue and support centers;(F) compare and contrast chain and franchise lodging properties;(G) create, design, and present lodging entrepreneurship opportunities; and(H) comprehend and model professional attire.(7) The student uses information technology tools specific to lodging management to access, manage, integrate, and create information. The student is expected to:(A) use information technology tools to evaluate lodging work responsibilities;(B) evaluate technology tools to perform workplace tasks;(C) understand and evaluate the hotel/guest cycle with applicable technology;(D) prepare and present complex multimedia publications;(E) demonstrate knowledge and use of point-of-sale systems;(F) evaluate Internet resources for industry information; and(G) evaluate current and emerging technologies to improve guest services.(8) The student uses leadership and teamwork skills in collaborating with others to accomplish organizational goals and objectives. The student is expected to:(A) differentiate types of effective leadership and management styles and select which management style is effective for the lodging industry;(B) apply team-building skills;(C) apply decision-making and problem-solving skills;(D) apply leadership and teamwork qualities in creating a pleasant working atmosphere; and(E) participate in community leadership and teamwork opportunities to enhance professional skills.(9) The student understands the importance of health, safety, and environmental management systems in organizations and their importance to organizational performance and regulatory compliance. The student is expected to:(A) assess workplace conditions with regard to safety and health;(B) apply safety and sanitation standards common to the workplace;(C) analyze potential effects caused by common chemical and hazardous materials;(D) demonstrate first aid and cardiopulmonary resuscitation skills;(E) research sources of food-borne illness and determine ways to prevent them; and(F) evaluate the need for personal hygiene and correlate this to the importance of health, safety, and environmental management systems in the organization.(10) The student knows and understands the importance of professional ethics and legal responsibilities within the lodging industry. The student is expected to:(A) demonstrate professional and ethical standards;(B) compare and contrast the rights of the innkeeper and the rights of the guest; and(C) interpret and explain written organizational policies and procedures to help employees perform their jobs.(11) The student understands the knowledge and skills required for careers in the lodging industry. The student is expected to:(A) develop job-specific technical vocabulary;(B) explain procedures to meet guest needs, including guest registration, rate assignment, room assignment, and determination of payment methods;(C) differentiate the functions of meeting and event planning and how they correlate to the individual lodging property; and(D) understand the importance of check-out procedures to ensure guest satisfaction and verify settlement of account.</content><note type="source"><p>Source Note: The provisions of this §127.567 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.568"><num value="127.568">§127.568</num><heading>Hospitality Services (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisites: Principles of Hospitality and Tourism, Hotel Management, and Travel and Tourism Management. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Hospitality Services provides students with the academic and technical preparation to pursue high-demand and high-skill careers in hospitality related industries. The knowledge and skills are acquired within a sequential, standards-based program that integrates hands-on and project-based instruction. Standards included in the Hospitality Services course are designed to prepare students for nationally recognized industry certifications, postsecondary education, and entry-level careers. In addition, Hospitality Services is designed so that performance standards meet employer expectations, enhancing the employability of students. Instruction may be delivered through laboratory training or through internships, mentoring, or job shadowing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses communication skills in the creation, expression, and interpretation of information and ideas. The student is expected to:(A) interpret communication such as verbal and non-verbal; (B) recognize and respond to guest needs;(C) develop listening skills to accurately process messages for guests;(D) exhibit public relations skills; and(E) recognize alternate communication services to assist customers with specialized needs.(2) The student researches career opportunities and qualifications to broaden awareness of careers available in the hospitality industry. The student is expected to:(A) outline a plan for an effective job search, including developing a resume;(B) demonstrate flexibility to learn new knowledge and skills;(C) prioritize work responsibilities and life responsibilities; (D) develop an electronic career portfolio;(E) compare and contrast personal strengths and weaknesses that may determine individual potential for growth within the hospitality industry;(F) explain what is needed to achieve job advancement;(G) understand the role of professional organizations or industry associations;(H) research the procedures for licensure, certification, or credentials for a chosen occupation;(I) analyze future employment outlooks;(J) demonstrate appropriate business and personal etiquette; (K) develop a written organizational policy to ensure successful hospitality operations such as guest satisfaction and employee success; and(L) research the major duties and qualifications for hospitality managerial positions.(3) The student reviews ethical and legal responsibilities or related conduct toward guests and employees within the establishment to maintain high industry standards. The student is expected to:(A) examine laws regarding hiring, harassment, and safety issues;(B) compare and contrast legal responsibilities and employer policies; and(C) discuss ethical dilemmas.(4) The student uses information technology tools specific to hospitality service careers to access, manage, integrate, or create information. The student is expected to:(A) examine types of technology used to manage hospitality service operations;(B) research website information on hospitality service operations; and(C) evaluate current and emerging technologies provided by the hospitality industry.(5) The student applies leadership, teamwork, and critical-thinking skills in collaboration with others to accomplish organizational goals or objectives. The student is expected to:(A) demonstrate qualities that contribute to employee retention;(B) formulate staff training plans to create an effective working team;(C) evaluate methods of conflict-management skills to facilitate appropriate solutions;(D) resolve unexpected situations in customer service;(E) understand diverse employee cultures and customs; and(F) value cultural diversity of guests.(6) The student applies marketing strategies independently and in teams. The student is expected to:(A) select and assemble effective marketing strategies;(B) develop promotional packages;(C) devise strategies for maximizing profit; and(D) create a business plan.(7) The student reviews the importance of management systems such as health, safety, and environmental and their function in performance and regulatory compliance. The student is expected to:(A) determine local safety and sanitation requirements;(B) explain how guests and property are protected to minimize losses or liabilities;(C) outline safety and security issues and analyze solutions for individuals or groups in multiple environments to minimize risks;(D) recognize potential, real, or perceived emergency situations such as a natural disaster or terrorist threat in order to respond appropriately;(E) evaluate equipment for elements such as safety, functionality, and durability; and(F) determine most appropriate sources of assistance such as self, coworkers, guests, the Federal Emergency Management Agency (FEMA), or first responders to use in varied emergency situations. (8) The student understands roles within teams, work units, departments, organizations, inter-organizational systems, or the larger environment. The student is expected to:(A) implement a set of operating procedures that results in profitable operations;(B) create a detailed customer service plan or process to provide maximum customer service;(C) prepare a staffing guide to schedule various staff positions;(D) evaluate inventory management systems used in the hospitality industry to result in profitable operations;(E) describe current industry collaborations or trends that provide more inclusive products or services to customers; and(F) compare and contrast organizational structures of operations such as lodging, food and beverage, travel, and recreation. (9) The student uses technological knowledge and skills required in food and beverage service. The student is expected to:(A) evaluate prepared foods for quality and presentation to set quality standards in accordance with company standards;(B) practice basic nutrition skills by planning, preparing, and presenting quality foods; and(C) evaluate types of kitchen equipment to match equipment with correct cooking methodology.(10) The student uses technological knowledge and skills required in hotel services. The student is expected to:(A) describe the necessary information collected during the registration process;(B) explain how room rates are established;(C) explain how standard operating guidelines such as availability, room status, and guest satisfaction are used to assign rooms to arriving guests;(D) examine the account settlement procedures on different methods of payment;(E) explain how a hotel's computer system is used to create guest accounts; and(F) summarize correct check-out procedures to prevent oversights or errors.(11) The student uses technological knowledge and skills required in travel and tourism. The student is expected to:(A) develop technical vocabulary for lodging, food and beverage service, recreation, and travel;(B) compare and contrast diverse transportation options;(C) integrate various or diverse elements of the travel and tourism industry to create a personalized travel experience for a customer; and(D) compare and contrast products and services from related industries.</content><note type="source"><p>Source Note: The provisions of this §127.568 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.569"><num value="127.569">§127.569</num><heading>Foundations of Restaurant Management (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Hospitality and Tourism. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Foundations of Restaurant Management provides students with a foundation to understand basic culinary skills and food service management, along with current food service industry topics and standards. Building on prior instruction, this course provides introductory insight into critical thinking, financial analysis, industry technology, social media, customer or client awareness, and leadership in the food service industry. Students will gain an understanding of restaurant operations and the importance of communicating effectively to diverse audiences for different purposes and situations in food service operations and management. Students will learn how the front of the house and the back of the house of restaurant management operate and collaborate and will obtain value-added certifications in the industry to help launch themselves into food service careers.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards as required by the food service industry. The student is expected to:(A) explain the importance of and demonstrate effective oral and written communication;(B) describe professional grooming, hygiene, and appropriate uniform standards for various food service positions and scenarios;(C) describe how punctuality and time-management skills are critical to the success of employees and businesses in the food service industry;(D) describe what demonstrating self-respect and respect for others looks like;(E) analyze and demonstrate effective teamwork strategies and leadership styles;(F) describe initiative, adaptability, and problem-solving techniques and discuss how each may be used in the food service industry; and(G) identify opportunities to participate in community leadership and teamwork activities that enhance professional skills.(2) The student develops academic knowledge and skills required to pursue the full range of career and postsecondary education opportunities within the food service industry. The student is expected to:(A) use information management methods and tools to organize oral and written information;(B) create a variety of written documents such as job descriptions, menus, presentations, and advertisements;(C) calculate numerical concepts such as weights, measurements, pricing, and percentages;(D) identify how scientific principles used in the food service industry affect customer service and profitability; and(E) explain how to operate a profitable restaurant using mathematics and science knowledge and skills.(3) The student uses verbal and nonverbal communication skills to create, express, and interpret information to establish a positive work environment. The student is expected to:(A) develop and deliver business presentations;(B) identify and create various marketing strategies used by the food service industry to increase customer or client traffic and profitability;(C) plan and facilitate new staff member training;(D) explain how interpersonal communications such as verbal and nonverbal cues enhance communication with coworkers, employees, managers, and customers or clients; and(E) explain how active listening skills can affect employee morale and customer service.(4) The student solves problems using critical thinking, innovation, and creativity independently and in teams. The student is expected to:(A) develop ideas to increase customer service, employee morale, and profitability; and(B) describe how employing critical-thinking and interpersonal skills can help resolve conflicts with individuals such as coworkers, customers or clients, and employers.(5) The student uses information technology tools specific to restaurant management to access, manage, integrate, and interpret information. The student is expected to:(A) identify information technology tools and applications used to perform workplace responsibilities and explain how the tools and applications may be used to increase productivity;(B) describe how business financial statements may be evaluated to increase profitability;(C) analyze customer service scenarios and make recommendations for improvements;(D) explain how point-of-sale systems are used to evaluate business outcomes and provide customer service; and(E) design Internet resources for business profitability.(6) The student understands the various roles and responsibilities within teams, work units, departments, organizations, and the larger environment of the food service industry. The student is expected to:(A) compare the roles and responsibilities of food service operations staff, including back-of-the-house, front-of-the-house, and support roles, and explain how each impact profitability of business operations;(B) explain how developing strategic work schedules impacts effective customer service and profitability;(C) investigate quality-control standards and practices and analyze how those standards and practices affect restaurant profitability; (D) analyze various styles of restaurant services such as table, buffet, fast food, fast casual, and quick service for cost and level of profitability;(E) describe how various place settings impact the customer service experience and profitability of the business; and(F) explain how proper service techniques in food service operations contribute to the customer or client experience.(7) The student understands the importance of health, safety, and environmental management systems in organizations and their impact on organizational performance, profitability, and regulatory compliance. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health in the workplace and the rights of workers to a secure workplace;(B) explain and discuss the importance of Occupational Safety and Health Administration (OSHA) standards and OSHA requirements for organizations, how OSHA inspections are conducted, and the role of national and state regulatory entities;(C) explain the role industrial hygiene plays in occupational safety and explain various types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(D) research and discuss sources of food-borne illness and determine ways to prevent them;(E) identify and explain the appropriate use of types of personal protective equipment used in industry;(F) discuss the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(G) describe types of electrical hazards in the workplace and the risks associated with these hazards and describe control methods to prevent electrical hazards in the workplace;(H) analyze the hazards of handling, storing, using, and transporting hazardous materials and identify and discuss ways to reduce exposure to hazardous materials in the workplace;(I) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and discuss how these resources are used to make decisions in the workplace;(J) describe the elements of a safety and health program, including management leadership, worker participation, and education and training;(K) explain the purpose and importance of written emergency action plans and fire protection plans and describe key components of each such as evacuation plans and emergency exit routes, list of fire hazards, and identification of emergency personnel;(L) explain the components of a hazard communication program; and(M) explain and give examples of safety and health training requirements specified by standard setting organizations.(8) The student explores professional ethics and legal responsibilities within the food service industry. The student is expected to:(A) research and describe laws and guidelines affecting operations in the restaurant industry; and(B) explain the reasons for liability insurance in the restaurant industry.(9) The student understands the importance of developing skills in time management, decision making, and prioritization. The student is expected to:(A) identify and explain delegation of tasks related to the effective operation of a food service establishment;(B) describe the relationships between scheduling, payroll costs, and sales forecasting; and(C) analyze various steps in determining the priority of daily tasks to be completed in a food service establishment.(10) The student investigates the skills, training, and educational requirements needed to successfully gain and maintain employment in the food service industry and explores local and regional opportunities in the industry. The student is expected to:(A) describe effective strategies for seeking employment in the food service industry;(B) identify the required training and educational requirements that lead to a career in the food service industry;(C) select educational and work history highlights to include in a career portfolio;(D) create and update a personal career portfolio;(E) describe and demonstrate effective interviewing techniques for gaining employment in the food service industry;(F) create a personal training plan for obtaining employment in a specific occupation such as Texas Alcoholic Beverage Commission training and Food Safety and Sanitation training in the food service industry;(G) research and analyze the local and regional labor market to determine opportunities in the food service industry;(H) investigate professional development opportunities to keep current on relevant trends and information within the food service industry; and(I) identify and discuss entrepreneurship opportunities within the food service industry.(11) The student explores factors that have shaped the food service industry. The student is expected to:(A) research and describe the history and growth of the food service industry;(B) explain how culture and globalization influence the food service industry; and(C) analyze current trends affecting the food service industry.(12) The student understands factors that affect the profitability of a food service business. The student is expected to:(A) explain the importance of effectively managing inventory to maintain profitability of the food service business;(B) describe and demonstrate effective stewarding processes and procedures such as establishing thorough cleaning schedules and proper dishwashing techniques;(C) describe how proper food storage techniques affect the profitability of an establishment;(D) explain how pricing and controlling costs such as labor and supplies affect the profitability of a food service business; and(E) analyze how customer service and customer or client loyalty affect the profitability of a food service business and compare strategies for building and maintaining customer loyalty.</content><note type="source"><p>Source Note: The provisions of this §127.569 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.571"><num value="127.571">§127.571</num><heading>Event and Meeting Planning (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a course from the Hospitality and Tourism Career Cluster. Recommended prerequisite: Principles of Hospitality and Tourism, Hotel Management, or Travel and Tourism Management. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Event and Meeting Planning introduces students to the concepts and topics necessary to understand the meetings, events, expositions, and conventions (MEEC) industry. The course will review the roles of the organizations and people involved in the businesses that comprise the MEEC industry.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student recognizes the importance of and uses oral and written communication skills in creating, expressing, and interpreting information and ideas. The student is expected to:(A) explain the importance of using verbal and non-verbal communication skills effectively with customers or clients and colleagues; (B) summarize information formally and informally;(C) synthesize information from various sources and determine how to prioritize and convey relevant information to customers or clients and colleagues;(D) explain how to use active listening skills to obtain and clarify information;(E) develop and deliver different types of presentations such as informative, instructional, persuasive, and decision making;(F) identify interpersonal skills used to maintain internal and external customer or client satisfaction and describe how effectively using those interpersonal skills impacts customer or client relationships; and(G) identify and use technical vocabulary related to the meeting and event planning industry.(2) The student applies academics with career-readiness skills. The student is expected to:(A) explain how applying mathematical skills to business transactions such as sales forecasting, service pricing, and planning for profitability are essential to operating a successful business;(B) calculate and interpret key ratios, financial statements, and budgets related to the hospitality event and meeting planning industry;(C) identify opportunities in the hospitality industry to use advanced reading, writing, and mathematics skills;(D) analyze and summarize data from tables, charts, and graphs to estimate and find solutions to problems and identify opportunities for increased profitability; and(E) identify and use industry standards for budgeting and forecasting to maximize profit and growth.(3) The student explores career opportunities available within the meeting and event planning segment of the hospitality industry. The student is expected to:(A) compile a list of professional organizations that support the professionals in the convention, meeting, and event planning industry;(B) develop a personal training plan to keep current on relevant trends and information within the meeting and event planning industry; and(C) identify occupational opportunities for meeting and event planning for hospitality businesses and corporate businesses.(4) The student explores the history of and current trends and career opportunities in the meeting and event planning industry. The student is expected to:(A) describe how the meeting and event planning industry has evolved;(B) analyze and describe current trends in the meeting and event planning industry;(C) describe the varied occupations related to meeting and event planning such as meeting planning and management, conference planning and management, trade show planning and management, social event planning and management, association and non-profit meeting planning and management, corporation meeting planning and management, convention and visitor bureau planning and management, and destination management planning and organization;(D) describe how a professional mentor can be beneficial to a career and identify potential mentors in the meeting and event planning industry; and(E) create a career plan to achieve the desired career position in the meeting and event planning industry.(5) The student explores how varying needs of customers or clients impact the event planning industry. The student is expected to:(A) explain the importance of meeting the varying needs of customers or clients for the successful operation of a business;(B) explain how a business plan and business activities may be modified to meet the varying needs of customers or clients; and(C) describe how understanding diversity such as differences in social etiquette, dress, and behaviors may positively impact event and meeting planning.(6) The student uses information technology tools in event and meeting planning to access, manage, integrate, and create information. The student is expected to:(A) research and compare event planning software and technology tools such as tools that manage attendee engagement or provide marking services that help perform workplace tasks and meet business objectives;(B) create complex multimedia publications and presentations for clients and colleagues;(C) explain how point-of-sale systems are used in the meeting and event planning industry;(D) explain how Internet resources can promote industry growth;(E) investigate and evaluate current and emerging technologies used to improve guest services; and(F) use electronic tools to produce appropriate communication for planning and selling meetings and events.(7) The student understands the professional, ethical, and legal responsibilities in event and meeting planning services. The student is expected to:(A) explain ethical conduct such as maintaining client confidentiality and privacy of sensitive content when interacting with others;(B) identify different components of a meeting or event contract;(C) investigate and describe applicable rules, laws, and regulations related to event and meeting planning;(D) discuss the reasons for providing event security;(E) compare options for event insurance; and(F) explain the reasons for event insurance.(8) The student understands the importance of health, safety, and environmental management systems and their impact on organizational performance and regulatory compliance. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health in the workplace and the rights of workers to a secure workplace;(B) explain and discuss the importance of Occupational Safety and Health Administration (OSHA) standards and OSHA requirements for organizations, how OSHA inspections are conducted, and the role of national and state regulatory entities;(C) explain the role industrial hygiene plays in occupational safety and explain various types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(D) research and discuss sources of food-borne illness and determine ways to prevent them;(E) identify and explain the appropriate use of types of personal protective equipment used in industry;(F) discuss the importance of safe walking and working surfaces in the workplace and best practices for preventing or reducing slips, trips, and falls in the workplace;(G) describe types of electrical hazards in the workplace and the risks associated with these hazards and describe control methods to prevent electrical hazards in the workplace;(H) analyze the hazards of handling, storing, using, and transporting hazardous materials and identify and discuss ways to reduce exposure to hazardous materials in the workplace;(I) identify workplace health and safety resources, including emergency plans and Safety Data Sheets, and discuss how these resources are used to make decisions in the workplace;(J) describe the elements of a safety and health program, including management leadership, worker participation, and education and training;(K) explain the purpose and importance of written emergency action plans and fire protection plans and describe key components of each such as evacuation plans and emergency exit routes, list of fire hazards, and identification of emergency personnel;(L) explain the components of a hazard communication program; and(M) explain and give examples of safety and health training requirements specified by standard setting organizations.(9) The student explores marketing strategies and how effective marketing strategies are used in the meeting and event planning industry. The student is expected to:(A) develop effective marketing strategies for meetings and events;(B) create promotional packages for meetings and events;(C) design an effective, comprehensive menu;(D) analyze the state of the economy to plan effective meeting and event services; and(E) develop a meeting and events business plan.(10) The student understands and demonstrates appropriate professional customer service skills required by the meeting and event planning industry. The student is expected to:(A) create a detailed plan or process to provide maximum customer service;(B) describe and demonstrate how critical-thinking and interpersonal skills are effectively used to resolve conflicts with individuals such as coworkers, employers, guests, and clients; and(C) analyze customer or client feedback to formulate improvements in services and products.(11) The student explores different business segments and stakeholders within the event and meeting planning industry. The student is expected to:(A) compare roles and responsibilities of various departments in the larger lodging environment, including food and beverage services;(B) differentiate between meeting and event planning operations for different clients such as business, leisure, professional organizations, and students; and(C) identify the various stakeholders in the MEEC industry. (12) The student understands the roles and responsibilities within teams, work units, departments, organizations, and the larger environment of the meeting and event planning industry. The student is expected to:(A) differentiate between the roles and responsibilities of meeting and event planning staff and lodging property staff;(B) describe the responsibilities of an event manager or planner;(C) identify and explain how operating procedures can contribute to profitable operations; and(D) identify and explain how inventory management systems used in the meeting and event planning industry can contribute to profitable operations.(13) The student knows how to create a functional and aesthetic meeting and event plan to meet the customer or client requirements. The student is expected to:(A) describe how to conduct a pre-meeting or pre-event meeting with potential clients to identify the meeting or event requirements; (B) discuss the importance of a meeting venue floorplan specification chart and appropriate meeting room set-up;(C) compare various meeting room set-up options and describe the benefits of each option;(D) describe how meeting room set-up options vary based on the venue;(E) develop a meeting room set-up for a planned event;(F) calculate the square footage required for an event based on the number of anticipated attendees for the event;(G) identify and design effective traffic patterns for a specific event;(H) explain and demonstrate proper table rotations; and(I) develop a staffing guide to schedule various staff for a meeting or event.(14) The student understands the importance of collaborating with various companies to provide an all-inclusive successful meeting or event. The student is expected to:(A) identify the various entities involved in the meeting and event planning industry such as convention and visitors' bureaus, group travel companies, entertainers, recreations, amusements, attractions, florists, caterers, and venues and differentiate between the roles each entity plays in planning the meeting or event;(B) differentiate between event sponsors, organizers, and producers and the events that are coordinated by each;(C) explain and demonstrate how to effectively plan and negotiate with various entities to deliver a successful meeting or event;(D) compare products and services from related industries; and(E) explain how the meeting and event planning process differs based on the venue such as hotels and resorts, convention and visitors' centers, event centers, and destination venues and describe the pros and cons of convening a meeting or event at various venues.</content><note type="source"><p>Source Note: The provisions of this §127.571 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.600"><num value="127.600">§127.600</num><heading>Practicum in Culinary Arts (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Culinary Arts. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Practicum in Culinary Arts is a unique practicum that provides occupationally specific opportunities for students to participate in a learning experience that combines classroom instruction with actual business and industry career experiences. Practicum in Culinary Arts integrates academic and career and technical education; provides more interdisciplinary instruction; and supports strong partnerships among schools, businesses, and community institutions with the goal of preparing students with a variety of skills in a fast-changing workplace.(4) Students are taught employability skills to prepare for college and career success, which include job-specific skills applicable to their training plan, job interview techniques, communication skills, financial and budget activities, human relations, and portfolio development.(5) Instructions may be delivered through school-based laboratory training or through work-based delivery arrangement such as cooperative education, mentoring, and job shadowing.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses employability skills to gain an entry-level job in a high-skill, high-wage, or high-demand field. The student is expected to:(A) identify employment opportunities;(B) demonstrate the application of essential workplace skills in the career acquisition process;(C) complete employment-related documents such as job applications, I-9 and W-4 forms, and job descriptions; and(D) demonstrate proper interview techniques in various situations.(2) The student develops skills for success in the workplace. The student is expected to:(A) comprehend and model appropriate grooming and appearance for the workplace;(B) demonstrate dependability, punctuality, and initiative; (C) develop positive interpersonal skills, including respect for diversity;(D) demonstrate appropriate business and personal etiquette in the workplace;(E) exhibit productive work habits, ethical practices, and a positive attitude;(F) demonstrate knowledge of personal and occupational health and safety practices in the workplace;(G) demonstrate the ability to work with the other employees to support the organization and complete assigned tasks;(H) prioritize work to fulfill responsibilities and meet deadlines;(I) evaluate the relationship of good physical and mental health to job success and personal achievement;(J) demonstrate effective verbal, non-verbal, written, and electronic communication skills; and(K) apply effective listening skills used in the workplace. (3) The student demonstrates work ethics, employer expectations, interaction with diverse populations, and communication skills in the workplace. The student is expected to:(A) relate how personal integrity affects human relations on the job;(B) demonstrate characteristics of successful working relationships such as teamwork, conflict resolution, self-control, and the ability to accept criticism;(C) implement employer expectations;(D) demonstrate respect for the rights of others;(E) demonstrate ethical standards; and(F) comply with organizational policies.(4) The student applies academics and job-readiness skills. The student is expected to:(A) apply mathematical skills to business transactions;(B) develop a personal budget based on career choice;(C) interpret data from documents such as tables, charts, and graphs to estimate and find solutions to problems; and(D) organize and compose workplace documents.(5) The student applies ethical behavior standards and legal responsibilities within the workplace. The student is expected to:(A) compare workplace policies reflecting various business establishments;(B) apply responsible and ethical behavior;(C) summarize provisions of the Fair Labor Standards Act;(D) describe the consequences of breach of confidentiality; and(E) research and model laws related to culinary arts professions.(6) The student applies the use of interpersonal skills to accomplish objectives. The student is expected to:(A) identify and practice effective interpersonal and team-building skills involving situations with coworkers, managers, and customers; and(B) apply leadership and career development skills through participation in activities such as career and technical student organizations.(7) The student uses concepts and skills related to safety in the workplace. The student is expected to:(A) identify and apply safe working practices;(B) solve problems related to unsafe work practices and attitudes;(C) explain Occupational Safety and Health Administration regulations in the workplace;(D) analyze health and wellness practices that influence job performance; and(E) prepare for a state or national food sanitation certification or other appropriate certification.(8) The student evaluates personal attitudes and work habits that support career retention and advancement. The student is expected to:(A) analyze the future employment outlook in the occupational area;(B) describe entrepreneurial opportunities in the area of culinary arts;(C) evaluate nontraditional food service careers such as food photographer, food stylist, corporate research and development chef, food writer, and independent consultant;(D) identify all of the aspects of a specific career path, including salary, skills level, and advancement opportunities;(E) evaluate strategies for career retention and advancement in response to the changing hospitality industry;(F) compare and contrast the rights and responsibilities of employers and employees; and(G) determine effective money management and financial planning techniques.(9) The student identifies skills and attributes necessary for professional advancement. The student is expected to:(A) evaluate employment options, including salaries and benefits;(B) determine factors that affect career choices such as personal interests, abilities, priorities, and family responsibilities; (C) determine continuing education opportunities that enhance career advancement and promote lifelong learning; and(D) demonstrate effective methods to secure, maintain, and terminate employment.(10) The student demonstrates proper culinary techniques and knowledge of the professional kitchen. The student is expected to:(A) use large and small equipment in a commercial kitchen; (B) develop food production and presentation techniques;(C) demonstrate moist, dry, and combination cookery methods;(D) demonstrate food preparation skills used in commercial food service preparations such as breakfast cookery, salads and dressings, soups and sandwiches, stocks and sauces, appetizers, seafood, poultry cookery, meat cookery, pastas and grains, and fruits and vegetables;(E) demonstrate baking techniques such as yeast breads and rolls, quick breads, and desserts;(F) demonstrate proper receiving and storage techniques;(G) demonstrate proper cleaning of equipment and maintenance of the commercial kitchen; and(H) compare and contrast the pairing of cuisine and service styles in food service operations.(11) The student determines how successful marketing impacts a food service operation. The student is expected to:(A) explain marketing, product, service, presentation, and communication mixes;(B) generate a marketing plan for multiple food service operations;(C) evaluate the marketing plans based on various demographics; (D) conduct market analysis and predict impact on current economy;(E) identity marketing communication formats across multiple platforms; and(F) design the menu as a marketing tool.(12) The student documents technical knowledge and skills. The student is expected to:(A) complete a professional career portfolio to include items such as an updated resume, documentation of technical skill competencies, licensures or certifications, recognitions, awards and scholarships, community service hours, participation in student and professional organizations, abstract of key points of the practicum, and practicum supervisor evaluations; and(B) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.600 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.601"><num value="127.601">§127.601</num><heading>Extended Practicum in Culinary Arts (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Hospitality and Tourism Career Cluster. Prerequisite: Culinary Arts. Corequisite: Practicum in Culinary Arts. This course must be taken concurrently with Practicum in Culinary Arts and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Extended Practicum in Culinary Arts is a unique practicum that provides occupationally specific opportunities for students to participate in a learning experience that combines classroom instruction with actual business and industry career experiences. Extended Practicum in Culinary Arts integrates academic and career and technical education; provides more interdisciplinary instruction; and supports strong partnerships among schools, businesses, and community institutions with the goal of preparing students with a variety of skills in a fast-changing workplace.(4) Students are taught employability skills to prepare for college and career success, which include job-specific skills applicable to their training plan, job interview techniques, communication skills, financial and budget activities, human relations, and portfolio development.(5) Instruction may be delivered through school-based laboratory training or through work-based delivery arrangements such as cooperative education, mentoring, and job shadowing.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to:(A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) present information formally and informally in an effective manner;(C) apply active listening skills to obtain and clarify information; and(D) exhibit public relations skills to maintain internal and external customer/client satisfaction.(2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) comply with Occupational Safety and Health Administration regulations in the workplace;(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents;(C) analyze health and wellness practices that influence job performance; and(D) understand and follow workplace safety rules and regulations.(4) The student understands the professional, ethical, and legal responsibilities in culinary arts. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) show integrity by choosing the ethical course of action when making decisions; and(C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student demonstrates proper culinary techniques and knowledge of the professional kitchen. The student is expected to:(A) demonstrate proper use of large and small equipment in a commercial kitchen with increased proficiency;(B) demonstrate advanced food production and presentation techniques;(C) demonstrate moist, dry, and combination cookery methods;(D) demonstrate advanced food preparation skills used in commercial food service preparations;(E) demonstrate advanced baking techniques;(F) demonstrate proper receiving and storage techniques; and(G) demonstrate proper cleaning of equipment and maintenance of the commercial kitchen.</content><note type="source"><p>Source Note: The provisions of this §127.601 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.602"><num value="127.602">§127.602</num><heading>Practicum in Hospitality Services (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisite: Hospitality Services. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Practicum in Hospitality Services is a unique practicum experience to provide opportunities for students to participate in a learning experience that combines classroom instruction with actual business and industry career experiences. Practicum in Hospitality Services integrates academic and career and technical education; provides more interdisciplinary instruction; and supports strong partnerships among schools, businesses, and community institutions with the goal of preparing students with a variety of skills in a fast-changing workplace. Students are taught employability skills, including job-specific skills applicable to their training plan, job interview techniques, communication skills, financial and budget activities, human relations, and portfolio development. Practicum in Hospitality Services is relevant and rigorous, supports student attainment of academic and technical standards, and effectively prepares students for college and career success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops skills for success in the workplace. The student is expected to:(A) formulate and model appropriate grooming and appearance for the workplace;(B) model dependability, punctuality, and initiative;(C) display positive interpersonal skills such as respect for diversity;(D) differentiate types of diversity from both the employer and customer perspective;(E) exhibit appropriate business and personal etiquette in the workplace;(F) exhibit productive work habits, ethical practices, and a positive attitude;(G) integrate knowledge of personal and occupational safety practices in the workplace;(H) collaborate with others to support the organization and complete assigned tasks as a team;(I) organize work to fulfill responsibilities and meet deadlines; and(J) compare and contrast the relationship of good physical and mental health strategies for job success and work-life balance.(2) The student compares and contrasts the importance of work ethics, employer expectations, interaction with diverse populations, and communication skills in the workplace. The student is expected to:(A) defend personal integrity as it affects human relations on the job;(B) study and develop characteristics of successful working relationships such as teamwork, conflict resolution, self-control, and ability to accept criticism;(C) analyze and defend employer expectations;(D) demonstrate respect for the rights of others;(E) compare and contrast the hospitality code of ethics and ethical standards; and(F) support organizational policies and procedures.(3) The student applies academics with career-readiness skills. The student is expected to:(A) apply mathematical skills to business transactions;(B) interpret data from documents such as tables, charts, and graphs to estimate and find solutions to problems; and(C) organize and compose workplace business documents.(4) The student applies ethical behavior standards, safety procedures, and legal responsibilities within the workplace. The student is expected to:(A) compare and contrast published workplace policies;(B) apply responsible and ethical behavior;(C) evaluate provisions of state and federal labor laws; and(D) evaluate the employer's and employee's fiduciary responsibilities to customers such as breach of confidentiality, safety, and privacy.(5) The student models strategies and technique to develop interpersonal skills. The student is expected to:(A) model effective interpersonal and team-building skills involving situations with diverse individuals; and(B) model leadership through participation in activities such as career and technical student organizations.(6) The student evaluates advancement opportunities and career paths in the industry. The student is expected to:(A) analyze future employment in occupational areas;(B) develop an entrepreneurial opportunity in the hospitality services area;(C) compare and contrast salaries, industry demands, and challenges for various jobs in hospitality services; and(D) evaluate the changing global workplace and future trends using governmental and other resources.(7) The student identifies skills and attributes necessary for professional advancement. The student is expected to:(A) evaluate continuing education opportunities that enhance career advancement and promote lifelong learning; and(B) formulate effective strategies to secure, maintain, and terminate employment.(8) The student understands roles within teams, work units, departments, organizations, and the larger environment of the hospitality services industry. The student is expected to:(A) explain the different types and functions of all departments such as food and beverage to understand their impact on customer service;(B) illustrate proficiency with duties in each of the departments of a hotel or tourism venue;(C) compare and contrast lodging properties;(D) analyze the differences between chain and franchise lodging operations; and(E) explore the job duties in travel and tourism, recreation, and amusement and attraction venues.(9) The student understands the knowledge and skills required for careers in the lodging industry. The student is expected to:(A) examine, understand, and articulate job-specific technical vocabulary;(B) explain technical procedures needed to meet guest needs such as registration, rate assignment, room assignment, and determination of payment methods;(C) research and create a meeting/event company;(D) evaluate current and emerging technologies to improve guest services; and(E) determine the correct procedures for the traditional hotel guest cycle.(10) The student documents in manual and electronic format acquired technical knowledge and skills from coherent plan of study. The student is expected to:(A) produce a professional portfolio to include information such as:(i) a current resume;(ii) official documentation of attainment of technical skill competencies;(iii) recognitions, awards, and scholarships;(iv) community service activities;(v) student organization participation;(vi) practicum supervisor evaluations;(vii) letters of recommendation;(viii) cover letters;(ix) documentation of preparation for state or national industry certification such as food sanitation certification; and(x) any other supporting documents;(B) present the portfolio to interested stakeholders;(C) evaluate employment options, including salaries and benefits;(D) determine effective money management and financial planning techniques to manage:(i) insurance and benefits;(ii) taxes;(iii) retirement;(iv) relocation costs;(v) a budget;(vi) housing costs; and(vii) transportation costs; and(E) develop a personal budget based on career choice using effective money management and financial planning techniques.</content><note type="source"><p>Source Note: The provisions of this §127.602 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.603"><num value="127.603">§127.603</num><heading>Extended Practicum in Hospitality Services (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Hospitality and Tourism Career Cluster. Recommended prerequisite: Hospitality Services. Corequisite: Practicum in Hospitality Services. This course must be taken concurrently with Practicum in Hospitality Services and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) Extended Practicum in Hospitality Services is a unique practicum experience that provides opportunities for students to participate in a learning experience that combines classroom instruction with actual business and industry career experiences. Extended Practicum in Hospitality Services integrates academic and career and technical education; provides more interdisciplinary instruction; and supports strong partnerships among schools, businesses, and community institutions with the goal of preparing students with a variety of skills in a fast-changing workplace.(4) Students are taught employability skills, including job-specific skills applicable to their training plan, job interview techniques, communication skills, financial and budget activities, human relations, and portfolio development. Extended Practicum in Hospitality Services is relevant and rigorous, supports student attainment of academic and technical standards, and effectively prepares students for college and career success.(5) Instruction may be delivered through school-based laboratory training or through work-based delivery arrangement such as cooperative education, mentoring, and job shadowing.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to:(A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) present information formally and informally in an effective manner;(C) analyze, interpret, and effectively communicate information;(D) apply active listening skills to obtain and clarify information; and(E) exhibit public relations skills to maintain internal and external customer/client satisfaction.(2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate an understanding of and consistently follow workplace safety rules and regulations; and(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in hospitality services. The student is expected to:(A) practice ethical conduct when interacting with others such as maintaining client confidentiality and maintaining privacy of sensitive content;(B) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(C) show integrity by choosing the ethical course of action when making decisions;(D) demonstrate proper etiquette and knowledge of acceptable-use policies when using networks, especially resources on the Internet and intranet; and(E) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a supervised hospitality experience. The student is expected to:(A) conduct, document, and evaluate learning activities in a supervised hospitality experience;(B) practice technical procedures such as registration, rate assignment, room assignment, and determination of payment methods needed to meet guest needs;(C) examine, understand, and articulate job-specific technical vocabulary;(D) demonstrate proficiency in the duties for an appropriate department of a hotel or tourism venue; and(E) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.603 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scK/s127.604"><num value="127.604">§127.604</num><heading>Practicum in Event and Meeting Planning (Two Credits), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: a minimum of two credits with at least one credit in a Level 2 or higher course from the Hospitality and Tourism Career Cluster. Recommended prerequisite: Event and Meeting Planning. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Hospitality and Tourism Career Cluster focuses on the management, marketing, and operations of restaurants and other food/beverage services, lodging, attractions, recreation events, and travel-related services.(3) The Practicum in Event and Meeting Planning course will reinforce the concepts and topics necessary for the comprehensive understanding of the meetings, events, expositions, and conventions (MEEC) industry. The central focus of this course is to integrate academic education with local MEEC businesses to prepare students for success in the work force and/or postsecondary education. Students will benefit from a combination of classroom instruction and a work- based learning experience. Students will learn employability skills, communication skills, customer service skills, and other activities related to job acquisition. The course is recommended for students who have completed the required prerequisites.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional advancement skills and strategies in the meeting and event planning industry. The student is expected to:(A) develop strategies to enhance career advancement and promote lifelong industry learning;(B) describe historical events that have affected the event and meeting planning industry;(C) formulate plans to address current events that have an effect on the event and meeting planning industry;(D) document in manual and electronic format acquired technical knowledge and skills needed for success in the meeting planning industry;(E) produce and present a professional portfolio, including a current resume, documentation of skill attainment or technical competencies, recognitions, awards, scholarships, community service activities, student organization participation, evaluations, letters of recommendation, and cover letters;(F) evaluate employment options by comparing salaries and benefits offered by different companies and occupations within the industry; and(G) develop a personal budget based on career choice using effective money management and financial planning techniques.(2) The student demonstrates the ethics and etiquette necessary for the meeting and event planning workplace. The student is expected to:(A) practice appropriate business and personal etiquette in the workplace;(B) display appropriate electronic communication techniques and etiquette;(C) exhibit the behaviors that align with the hospitality code of ethics and ethical standards; and(D) determine the most ethical behavior or course of action in response to various situations experienced in the meeting and event planning industry.(3) The student develops and demonstrates the interpersonal and customer service skills needed for success in the meeting and event planning environment. The student is expected to:(A) exhibit essential workplace characteristics such as organization, perseverance, motivation, dependability, punctuality, initiative, self-control, and the ability to accept and act on criticism; (B) demonstrate effective team-building skills such as collaboration, planning, conflict resolution, rapport-building, decision-making, problem-solving, and persuasion and influencing techniques; (C) identify and respond to customer or client needs, including resolving customer dissatisfaction;(D) exercise leadership by anticipating and proactively diffusing potential event issues; and(E) negotiate to resolve conflicts in the workplace and with customers by using strategies such as active listening, "I" messages, negotiation, and offering win-win solutions.(4) The student demonstrates the industry-based knowledge and skills required for a successful career in the event and meeting planning industry. The student is expected to:(A) employ job-specific technical vocabulary with accuracy and fluency;(B) explain event planning procedures designed to ensure client needs are met such as Banquet Event Orders, rate assignment, event organization, client relations, and determination of payment methods;(C) assess meeting or event company structures and traits that lead to profitability and business success;(D) determine the correct procedures for the execution of client events and contracts;(E) identify and organize tasks for daily operation;(F) describe societal events that have shaped the event and meeting planning industry both in the past and present; and(G) interpret the role of the convention and visitors' bureau in the event and meeting planning industry.(5) The student develops and practices awareness of varying needs of customers or clients understands the impact of diversity on the industry. The student is expected to:(A) assesses how varying needs of customers or clients impacts the event planning industry both from a planning and profitability aspect;(B) demonstrate respect for individual differences;(C) explain the importance of meeting the varying needs of customers or clients for the successful operation of a business;(D) develop business plans and activities to meet the varying needs of customers or clients; and(E) describe differences in social etiquette, dress, and behaviors and explain how differences affect the event planning process.(6) The student uses information technology tools in event and meeting planning to access, manage, integrate, and create information. The student is expected to:(A) evaluate current and emerging technologies that improve client services;(B) evaluate and incorporate event planning software and technology tools that help to perform workplace tasks and meet business objectives;(C) create and present multi-level (complex) multimedia presentations to clients;(D) use and problem-solve issues with point-of-sale systems;(E) design a plan for using Internet resources to maximize company profitability; and(F) use appropriate electronic communication tools for planning and selling meetings and events.(7) The student differentiates between and adapts to various roles, types of events, and functions. The student is expected to:(A) differentiate between the types of event sponsors, organizers, and producers and their events such as trade shows, conferences, social events, and corporate meetings;(B) identify various suppliers for different event planning needs and explain how they service different events;(C) describe the importance of sales coordinators to events and meetings regardless of organization or type of event;(D) evaluate and modify different types of catering options and menus based on the needs of the event or organization;(E) evaluate and modify different types of meeting room set-ups (banquet, classroom, theater, and reception) based on the needs of the event or organization; and(F) determine and organize staff and resources according to the specific needs of the organization and event.(8) The student collaborates within departments, organizations, and the larger environment of the meeting and event planning industry. The student is expected to:(A) analyze the roles and responsibilities of each level of the management structure of a venue;(B) identify the advantages and disadvantages of different event destinations and facilities and their effects on profitability and customer satisfaction;(C) analyze the roles and responsibilities of an in-house event manager or planner as compared to independent professionals; and(D) define specific roles and responsibilities when interfacing with destination venues.(9) The student understands and can articulate the factors that contribute to a successful and profitable event. The student is expected to:(A) analyze the expenses associated with the planning and production of a meeting or event;(B) analyze and evaluate how marketing techniques impact operation and profitability related to an event;(C) calculate costs of supplies and evaluate how costs affect profitability;(D) evaluate the impact of payroll expenses on profitability; (E) analyze and modify operating procedures to result in more profitable or cost-effective operations;(F) research and create a marketing plan for various markets such as weddings, government and military groups, professional and educational organizations, family or social gatherings, and geography; (G) identify profit margins associated with various markets; and(H) evaluate the importance of conducting pre-and post-event evaluations for continuous improvement.(10) The student demonstrates knowledge of potential liability situations that can affect business reputation and profitability. The student is expected to:(A) compare and contrast different levels of insurance and liability limits for events;(B) analyze customer-provided insurance options for events;(C) identify and explain legal, health, and safety obligations related to event planning;(D) assess the implications and responsibilities associated with providing or allowing alcohol at an event; and(E) research law enforcement requirements for events and meetings.</content><note type="source"><p>Source Note: The provisions of this §127.604 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scL"><num value="L">SUBCHAPTER L</num><heading>HUMAN SERVICES</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.611"><num value="127.611">§127.611</num><heading>Principles of Human Services (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) Principles of Human Services is a laboratory course that will enable students to investigate careers in the Human Services Career Cluster, including counseling and mental health, early childhood development, family and community, personal care, and consumer services. Each student is expected to complete the knowledge and skills essential for success in high-skill, high-wage, or high-demand human services careers.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates personal characteristics for success in high-skill, high-wage, or high-demand careers. The student is expected to:(A) explain and practice responsible decision making consistent with personal needs, wants, values, and priorities;(B) develop measurable short- and long-term goals for personal and professional life;(C) demonstrate personal-management skills needed for productivity;(D) practice ethical and appropriate methods of conflict resolution;(E) investigate the significance of grooming, appearance, and appropriate apparel selection in personal and professional settings;(F) analyze the relationship of wellness to personal and professional productivity;(G) determine personal and professional implications of substance abuse;(H) demonstrate apparel maintenance and repair skills that enhance appearance in personal and professional settings;(I) practice leadership skills such as participation in career and technical student organizations; and(J) demonstrate effective communication skills.(2) The student demonstrates the skills necessary to enhance personal and career effectiveness in consumer services. The student is expected to:(A) apply the decision-making process in planning the allocation and use of finances;(B) use technology to manage resources;(C) examine sustainable consumer buying techniques that promote effective use of resources;(D) describe rewards, demands, and future trends in consumer service careers; and(E) identify employment and entrepreneurial opportunities and preparation requirements in the areas of personal interest.(3) The student demonstrates the skills necessary to enhance personal and career effectiveness in counseling and mental health services. The student is expected to:(A) identify types of crises;(B) determine appropriate responses, management strategies, and available technology to meet individual and family needs;(C) determine effects of crisis on individuals and families;(D) predict crises typical of various stages of the life cycle;(E) identify the contributing factors of stress and how those factors impact individuals and relationships;(F) investigate causes, prevention, and treatment of domestic violence;(G) describe rewards, demands, and future trends in counseling and mental health services; and(H) identify employment and entrepreneurial opportunities and preparation requirements in the areas of personal interest.(4) The student demonstrates the skills necessary to enhance personal and career effectiveness in early childhood development and services. The student is expected to:(A) identify the basic needs of children;(B) analyze the responsibilities of caregivers for promoting the safety and development of children;(C) determine developmentally appropriate guidance techniques for children;(D) investigate causes, preventions, and treatment of child abuse;(E) describe rewards, demands, and future trends in early childhood development and services; and(F) identify employment and entrepreneurial opportunities and preparation requirements in the areas of personal interest.(5) The student demonstrates the skills necessary to enhance personal and career effectiveness in family and community services. The student is expected to:(A) identify the basic functions of the family, including roles and responsibilities;(B) investigate societal, cultural, demographic, and economic factors affecting the responsibilities of family members;(C) analyze the multiple roles and responsibilities assumed by individuals within the family;(D) investigate community service opportunities;(E) analyze dietary practices across the life span;(F) explain the impact of nutrition on development, wellness, and productivity over the life span;(G) prepare nutritious snacks or meals that contribute to wellness and productivity through the life span;(H) describe rewards, demands, and future trends in family and community services; and(I) identify employment and entrepreneurial opportunities and preparation requirements in the areas of personal interest.(6) The student demonstrates the skills necessary to enhance personal and career effectiveness in fashion design. The student is expected to:(A) describe factors influencing apparel selection;(B) analyze apparel selection practices that accommodate personal needs, including age, lifestyle, special needs, and career;(C) interpret and use information on apparel care labels;(D) demonstrate safety practices when using and caring for apparel construction tools and equipment;(E) demonstrate simple clothing repair and alteration techniques;(F) describe rewards, demands, and future trends in fashion design; and(G) identify employment and entrepreneurial opportunities and preparation requirements in the areas of personal interest.(7) The student demonstrates the skills necessary to enhance personal and career effectiveness in interior design. The student is expected to:(A) describe priorities and needs that influence interior design decisions;(B) identify the elements and principles of design used in interiors;(C) describe safe use and care of interior furnishings and equipment;(D) identify maintenance and safety practices that affect interiors;(E) discuss cultural, demographic, societal, and economic factors that influence interior design trends;(F) describe rewards, demands, and future trends in interior design; and(G) identify employment and entrepreneurial opportunities and preparation requirements in the areas of personal interest.(8) The student demonstrates the skills necessary to enhance personal and career effectiveness in personal care services. The student is expected to:(A) explore new and emerging technologies that may affect personal care services;(B) investigate the specific state requirements for licensure in personal care services;(C) create records, including electronic records, of client services to retrieve personal care client information;(D) examine different types of media to achieve maximum impact on targeted client populations;(E) describe rewards, demands, and future trends in personal care services; and(F) identify employment and entrepreneurial opportunities and preparation requirements in the areas of personal interest.</content><note type="source"><p>Source Note: The provisions of this §127.611 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.612"><num value="127.612">§127.612</num><heading>Principles of Cosmetology Design and Color Theory (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Recommended prerequisite: Principles of Human Services. Students may begin to earn Texas Department of Licensing and Regulation (TDLR) hours toward a Cosmetology Operator License. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) In Principles of Cosmetology Design and Color Theory, students coordinate integration of academic, career, and technical knowledge and skills in this laboratory instructional sequence course designed to provide job-specific training for employment in cosmetology careers. Students will attain academic skills and knowledge as well as technical knowledge and skills related to cosmetology design and color theory. Students will develop knowledge and skills regarding various cosmetology design elements such as form, lines, texture, structure and illusion or depth as they relate to the art of cosmetology. Instruction includes sterilization and sanitation procedures, hair care, nail care, and skin care and meets the TDLR requirements for licensure upon passing the state examination. Analysis of career opportunities, license requirements, knowledge and skills expectations, and development of workplace skills are included.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the field of cosmetology design and color theory. The student is expected to:(A) recognize elements of hair design such as line, form, space, texture, and color;(B) investigate and identify lines that create width and length;(C) explain the position of diagonal and curved lines to emphasize or minimize facial features;(D) identify different facial shapes and their importance to hair design;(E) explore the significance and function of parallel lines in hair design;(F) judge the relevance of contrasting and transitional lines in hair design;(G) explain the importance of knowledge of color theory as it applies to the cosmetology field;(H) document the scope of client services affected by basic color theory such as artificial hair color services, facial makeup application, eyebrow color, and eyelash tint services;(I) explain the theories of color illusion such as light and dark colors and tones that may create an illusion of more or less volume in the hair design;(J) justify the selection of color process as it pertains to skin tone and eye color;(K) create a logical structure for color; and(L) make use of primary, secondary, and tertiary colors as they relate to the field of cosmetology.(2) The student demonstrates knowledge of the rules and regulations established by the TDLR. The student is expected to:(A) apply health and safety policies and procedures;(B) recognize risks and potentially hazardous situations in compliance with the TDLR;(C) navigate the TDLR website for exam eligibility, exam results, and student hours; and(D) identify licensure and renewal requirements of the licensee or licensed cosmetology establishment or school.(3) The student demonstrates proficiency in the use of tools, equipment, technologies, and materials used in color theory and elements of design in cosmetology. The student is expected to:(A) create a digital portfolio of design elements that are relevant to the cosmetology field;(B) use ergonomically designed equipment to promote professional efficiency;(C) use available technology sources effective in a professional salon setting; and(D) apply universal precautions in disposal of hazardous materials.(4) The student applies the academic knowledge and practical skills to simulated and actual work situations. The student is expected to:(A) apply client consultation skills to guide individuals in recognizing concerns and making informed decisions;(B) document client satisfaction with procedures and products to facilitate ease of consultation in future appointments;(C) locate and compare vendors to maximize benefits for personal care clients, businesses, or organizations;(D) demonstrate understanding and proficiency working with complementary colors;(E) execute application procedure of artificial hair color such as virgin tint to darken, bleach retouch, virgin tint to lighten, and dimensional color services such as cap highlighting, foil highlighting, and low-lighting;(F) explore the use of different types of hair colors such as demi-permanent color, permanent color, semi-permanent color, temporary color, toners, and fillers;(G) make use of products designed to increase the vibrancy of a color formula or to neutralize unwanted tones such as concentrates, intensifiers, pigments, or drabbers; and(H) use natural products to color the hair such as henna or vegetable dyes.(5) The student analyzes career paths within the cosmetology industry. The student is expected to:(A) explore marketing techniques when selecting and using multimedia to attract and retain clientele;(B) formulate a salon service menu based upon current industry trends;(C) consolidate various methods of obtaining feedback from clients to understand their expectations and promote high-quality standards;(D) create an employment portfolio containing content such as certifications, samples of work, achievements, and supervisor or instructor evaluations; and(E) analyze the role of professional organizations in cosmetology professions.</content><note type="source"><p>Source Note: The provisions of this §127.612 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.613"><num value="127.613">§127.613</num><heading>Dollars and Sense (One-Half Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisite: Principles of Human Services. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) Dollars and Sense focuses on consumer practices and responsibilities, money-management processes, decision-making skills, impact of technology, and preparation for human services careers. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates management of individual and family resources such as finances, food, clothing, shelter, health care, recreation, transportation, time, and human capital. The student is expected to:(A) analyze the economic rights and responsibilities of individuals as consumers;(B) apply management, planning skills, and processes to organize tasks and responsibilities;(C) develop and apply multiple strategies for individuals and families to make choices to satisfy needs and wants;(D) analyze the consequences of an economic decision made by an individual consumer such as the decisions to provide safe and nutritious food, clothing, housing, health care, recreation, and transportation; and(E) analyze the impact of media and technological advances on family and consumer decisions.(2) The student demonstrates management of financial resources to meet the goals of individuals and families across the life span. The student is expected to:(A) evaluate the need for personal and family financial planning, including maintaining a budget, expense records, and economic self-sufficiency;(B) compare types of loans available to consumers and distinguish criteria for becoming a low-risk borrower;(C) connect mathematics to the understanding of interest, including avoiding and eliminating credit card debt;(D) collect evidence and data related to implementing a savings program, the time value of money, and retirement planning;(E) explore how to be a prudent investor in the stock market and other investment options;(F) investigate the benefits of charitable giving;(G) compare types of banks, credit unions, and virtual banks available to consumers and the benefits of maintaining financial accounts;(H) demonstrate the ability to maintain financial records; (I) investigate bankruptcy laws, including ways to avoid bankruptcy;(J) apply management principles to decisions about insurance for individuals and families;(K) evaluate personal and legal documents related to managing individual and family finances such as birth certificates, medical records, social security cards, financial records, and property records; and(L) demonstrate the ability to use calculators, spreadsheets, computers, and software in data analysis relating to finance.(3) The student demonstrates effective consumer skills related to housing needs. The student is expected to:(A) explain consumer rights and responsibilities associated with renting or buying a home;(B) analyze legal and financial aspects of purchasing and leasing housing; and(C) propose money-management skills necessary to make the transition from renting to home ownership.(4) The student analyzes the relationship of the environment to family and consumer resources. The student is expected to:(A) analyze individual and family responsibilities in relation to environmental trends and issues;(B) summarize environmental trends and issues affecting families and future generations;(C) demonstrate behaviors that conserve, reuse, and recycle resources to maintain the environment; and(D) explain governmental regulations for conserving natural resources.(5) The student analyzes relationships between the economic system and consumer actions. The student is expected to:(A) analyze economic effects of laws and regulations that pertain to consumers and providers of services; and(B) identify types of taxes at the local, state, and national levels and the economic importance of each.(6) The student identifies skills and attributes necessary for sustaining a chosen lifestyle. The student is expected to:(A) evaluate and compare employment options, including salaries and benefits;(B) compare rewards and demands for various levels of employment in a variety of careers;(C) determine how interests, abilities, personal priorities, and family responsibilities affect career choices;(D) determine continuing education opportunities that enhance career advancement and promote lifelong learning; and(E) use presentation skills to communicate and apply knowledge of careers in consumer services.(7) The student integrates knowledge, skills, and practices required for careers in consumer services. The student is expected to:(A) explain the roles and functions of individuals engaged in consumer services careers;(B) analyze opportunities for employment and entrepreneurial endeavors;(C) summarize education and training requirements for consumer services careers; and(D) investigate professional organizations for consumer services.</content><note type="source"><p>Source Note: The provisions of this §127.613 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.614"><num value="127.614">§127.614</num><heading>Lifetime Nutrition and Wellness (One-Half Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Human Services, Principles of Hospitality and Tourism, or Principles of Health Science. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) Lifetime Nutrition and Wellness is a laboratory course that allows students to use principles of lifetime wellness and nutrition to help them make informed choices that promote wellness as well as pursue careers related to hospitality and tourism, education and training, human services, and health sciences.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the role of nutrients in the body. The student is expected to:(A) classify nutrients and their functions and food sources and compare the nutritive value of various foods;(B) assess the effects of nutritional intake on health, appearance, effective job performance, and personal life;(C) analyze and apply various dietary guidelines throughout the life cycle, including pregnancy, infancy, childhood, and late adulthood; and(D) compare personal food intake to recommended dietary guidelines.(2) The student understands the principles of digestion and metabolism. The student is expected to:(A) describe the processes of digestion and metabolism;(B) calculate and explain basal and activity metabolisms and factors that affect each;(C) apply knowledge of digestion and metabolism when making decisions related to food intake and physical fitness;(D) locate community resources that promote physical activity and fitness; and(E) explain the relationship of activity levels and caloric intake to health and wellness, including weight management.(3) The student demonstrates knowledge of nutritionally balanced diets. The student is expected to:(A) research the long-term effects of food choices;(B) outline strategies for prevention, treatment, and management of diet-related diseases such as diabetes, hypertension, childhood obesity, anorexia, and bulimia;(C) determine the effects of food allergies and intolerances on individual and family health;(D) plan diets based on life cycle, activity level, nutritional needs, portion control, and food budget;(E) develop examples of therapeutic diets;(F) analyze advertising claims and fad diets with the recommendations of the Recommended Dietary Allowances;(G) analyze current lifestyle habits that may increase health risks;(H) identify community programs that provide nutrition and wellness services;(I) examine the nutritional value of fast foods and convenience foods;(J) read and interpret food labels;(K) examine and explain nutritional serving sizes;(L) compare organic and green food choices; and(M) determine sustainable food choices and their impact on society.(4) The student understands safety and sanitation. The student is expected to:(A) demonstrate safe and sanitary practices in the use, care, and storage of food and equipment;(B) explain types and prevention of food-borne illnesses; and(C) practice appropriate dress and personal hygiene in food preparation.(5) The student demonstrates knowledge of food-management principles. The student is expected to:(A) read and comprehend standard recipes;(B) correctly use standard measuring techniques and equipment;(C) demonstrate correct food-preparation techniques, including nutrient retention;(D) use food-buying strategies such as calculating food costs, planning food budgets, and creating grocery lists;(E) demonstrate food-preparation techniques to reduce overall fat and calories;(F) practice etiquette, food presentation, and table service appropriate for specific situations; and(G) apply food-storage principles.(6) The student demonstrates effective work habits. The student is expected to:(A) participate as an effective team member by demonstrating cooperation and responsibility;(B) apply effective practices for managing time and energy to complete tasks on time;(C) practice problem solving using leadership and teamwork skills; and(D) use presentation skills to communicate and apply knowledge about careers in consumer services.(7) The student investigates careers in nutrition. The student is expected to:(A) compare and contrast education or training needed for careers in nutrition;(B) establish personal short- and long-term career goals;(C) analyze entrepreneurial opportunities in nutrition; and(D) apply a problem-solving approach to a business challenge or opportunity to improve sustainability efforts while maintaining or increasing profits and/or organizational health.</content><note type="source"><p>Source Note: The provisions of this §127.614 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.615"><num value="127.615">§127.615</num><heading>Interpersonal Studies (One-Half Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Principles of Human Services, Principles of Hospitality and Tourism, Principles of Health Science, or Principles of Education and Training. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) Interpersonal Studies examines how the relationships between individuals and among family members significantly affect the quality of life. Students use knowledge and skills in family studies and human development to enhance personal development, foster quality relationships, promote wellness of family members, manage multiple adult roles, and pursue careers related to counseling and mental health services.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student evaluates factors related to personal development. The student is expected to:(A) investigate factors that affect personal identity, personality, and self-esteem;(B) analyze how the family influences the development of personal identity and self-esteem of all family members, including those with special needs; and(C) propose strategies that promote physical, emotional, intellectual, and social development.(2) The student determines short- and long-term implications of personal decisions. The student is expected to:(A) summarize the decision-making process;(B) discuss consequences and responsibilities of decisions; and(C) evaluate the effect of decisions on health, well-being, family, interpersonal relationships, employment, and society as a whole.(3) The student analyzes considerations related to the transition to independent adulthood. The student is expected to:(A) analyze adjustments related to achieving independence; and(B) explore responsibilities of living as an independent adult.(4) The student analyzes the family's role in relationship development. The student is expected to:(A) examine the development of relationships;(B) investigate the family's role in fostering the abilities of its members to develop healthy relationships; and(C) analyze effects of cultural patterns on family relationships.(5) The student analyzes relationship development outside the family. The student is expected to:(A) explore ways to promote positive friendships;(B) assess the influence of peers on the individual;(C) determine appropriate responses to authority figures; and(D) propose ways to promote an appreciation of diversity.(6) The student determines factors related to marital success. The student is expected to:(A) discuss reasons for dating and the impact of social media on dating;(B) analyze components of a successful marriage; and(C) examine communication skills and behaviors that strengthen marriage.(7) The student determines methods that promote an effective family unit. The student is expected to:(A) describe diverse family structures;(B) identify the function of individuals within the family;(C) compare functions of families in various cultures;(D) predict the effects of societal, demographic, and economic trends on individuals and the family;(E) determine procedures for meeting individual and family needs through resource management;(F) explain how technology such as social media influences family functions and relationships; and(G) determine the impact of effective family functioning on community and society.(8) The student determines how changes occurring throughout the family life cycle impact individuals and families. The student is expected to:(A) describe the stages of the family life cycle;(B) examine roles and responsibilities of individuals and family members throughout the family life cycle;(C) analyze financial considerations related to the family life cycle;(D) predict the impact of technological advances on families throughout the family life cycle; and(E) formulate a plan for effective management of technology on families throughout the family life cycle.(9) The student analyzes types of needs and crises experienced by individuals and families. The student is expected to:(A) categorize types of crises and their effect on individuals and families;(B) determine strategies for prevention and management of individual and family problems and crises;(C) identify resources and support systems that provide assistance to families in crisis;(D) assess management strategies and technology available to meet special needs of family members; and(E) summarize laws and public policies related to the family.(10) The student determines stress-management techniques effective for individuals and families. The student is expected to:(A) describe the impact of stress on individuals and relationships;(B) identify factors contributing to stress;(C) practice creative techniques for managing stress; and(D) implement positive strategies for dealing with change.(11) The student determines opportunities and preparation requirements for his or her chosen careers. The student is expected to:(A) determine employment and entrepreneurial opportunities and preparation requirements for careers in his or her chosen field;(B) determine how interests, abilities, and personal priorities affect career choice; and(C) propose short- and long-term career goals.(12) The student develops professional skills and behavior. The student is expected to:(A) practice effective verbal, nonverbal, written, and electronic communication skills;(B) analyze the influence of cultural background on patterns of communication;(C) practice positive interpersonal skills, including conflict resolution, negotiation, teamwork, and leadership;(D) determine ethical practices in the workplace; and(E) use leadership and team member skills in problem-solving situations.(13) The student analyzes management practices to help an individual assume multiple family, community, and wage-earner roles. The student is expected to:(A) determine the impact of career choice on family life;(B) describe the effect of family life on workplace productivity;(C) determine employment practices and trends that support families; and(D) explain how technology impacts career options and family roles.</content><note type="source"><p>Source Note: The provisions of this §127.615 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.616"><num value="127.616">§127.616</num><heading>Counseling and Mental Health (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisite: Principles of Human Services. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) In Counseling and Mental Health, students model the knowledge and skills necessary to pursue a counseling and mental health career through simulated environments. Students are expected to apply knowledge of ethical and legal responsibilities, limitations, and the implications of their actions. Professional integrity in counseling and mental health care is dependent on acceptance of ethical and legal responsibilities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mathematics, science, English language arts, and social studies in human services. The student is expected to:(A) evaluate the use of verbal and nonverbal language in a variety of mental health situations;(B) explain the nervous system of the human body;(C) identify societal perspectives related to mental health;(D) explain the physiological effects of stress and aging;(E) distinguish the psychological aspects of health and wellness across the life span;(F) identify socioeconomic factors that influence mental health and care;(G) compare social services such as drug dependency rehabilitation centers; and(H) differentiate maladaptive conditions such as paranoia, schizophrenia, and aggression.(2) The student demonstrates verbal and nonverbal communication skills. The student is expected to:(A) interpret verbal and nonverbal messages and adapt communication to the needs of the individual;(B) demonstrate listening skills and techniques to minimize communication barriers; and(C) implement communication skills that are responsive rather than reactive.(3) The student researches career options and the preparation necessary for employment in mental health. The student is expected to:(A) identify career opportunities related to mental health;(B) research the role of the multidisciplinary team;(C) justify the consequences of decisions;(D) demonstrate techniques of peer mediation, problem solving, and negotiation;(E) interpret, transcribe, and communicate mental health vocabulary; and(F) investigate treatment options.(4) The student models the ethical behavior standards and legal responsibilities related to mental health. The student is expected to:(A) display ethical practices and the principles of confidentiality;(B) research and describe legal aspects and issues of malpractice, negligence, and liability;(C) examine a designated scope of practice of professionals; (D) recognize client rights and choices and circumstances that alter client rights;(E) dramatize case studies related to client rights and choices;(F) review legislation that affects standards of client care; and(G) describe regulatory agencies such as the Department of State Health Services and Department of Aging and Disability Services. (5) The student maintains a safe environment to prevent hazardous situations. The student is expected to:(A) recognize abusive situations;(B) anticipate and adapt to changing situations;(C) demonstrate appropriate actions in emergency situations; and(D) practice personal and client safety.(6) The student analyzes the technology related to information services. The student is expected to:(A) review the processes for collection and dissemination of health care data;(B) classify equipment used in the delivery of mental health services; and(C) employ technology consistent with the student's level of training.</content><note type="source"><p>Source Note: The provisions of this §127.616 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.617"><num value="127.617">§127.617</num><heading>Family and Community Services (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Human Services. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) Family and Community Services is a laboratory-based course designed to involve students in realistic and meaningful community-based activities through direct service or service-learning experiences. Students are provided opportunities to interact with and provide services to individuals, families, and the community through community or volunteer services. Emphasis is placed on developing and enhancing organizational and leadership skills and characteristics.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores careers in family and community services. The student is expected to:(A) research family and community services such as agencies, organizations, and faith-based services;(B) investigate career options available that focus on families and communities;(C) analyze demographics that may affect community needs;(D) analyze future trends in family and community services; and(E) analyze the role socialization plays in human development and behavior.(2) The student demonstrates organizational and leadership skills in a community service environment. The student is expected to:(A) demonstrate management practices to help an individual assume multiple family, community, and wage-earner roles;(B) identify personal leadership characteristics;(C) develop a plan for enhancing personal leadership characteristics;(D) demonstrate positive interpersonal skills, including conflict resolution, negotiation, teamwork, and leadership;(E) identify and apply effective strategies and skills necessary for collaborative relationships with others in community service settings;(F) plan and deliver family and community services presentations; and(G) practice leadership skills such as participation in career and technical student organizations.(3) The student develops and implements community and service-learning activities. The student is expected to:(A) identify service projects that benefit a community;(B) integrate student interests, abilities, and skills into community and service-learning projects;(C) plan, develop, implement, and evaluate community and service-learning activities that benefit individuals, families, or the community;(D) demonstrate safety practices when participating in community service and service-learning activities;(E) document personal development through participation in community and service-learning activities;(F) demonstrate appropriate grooming, appearance, and etiquette for community and service-learning activities;(G) demonstrate ethical practices when participating in community service and service-learning activities; and(H) design a public relations campaign promoting community and service-learning activities.</content><note type="source"><p>Source Note: The provisions of this §127.617 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.618"><num value="127.618">§127.618</num><heading>Introduction to Cosmetology (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 10. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) In Introduction to Cosmetology, students explore careers in the cosmetology industry. To prepare for success, students must have academic and technical knowledge and skills relative to the industry. Students may begin to earn hours toward state licensing requirements.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the field of cosmetology. The student is expected to:(A) appraise safe and effective personal care products and services;(B) model leadership skills within a classroom or community setting to maintain positive relationships;(C) recognize the importance of a thorough client consultation; (D) investigate the principles and practices of infection control such as bacterial disorders, classification of pathogens, and diseases and/or viruses; and(E) explore the chemistry of materials as they relate to the eyelash extension application service.(2) The student demonstrates knowledge of rules and regulations established by the Texas Department of Licensing and Regulation (TDLR). The student is expected to:(A) implement policies and procedures regarding health and safety;(B) recognize risks and potentially hazardous situations in compliance with the TDLR;(C) navigate the TDLR website for exam eligibility, exam results, and student hours; and(D) identify licensure and renewal requirements.(3) The student identifies and describes the function of tools, equipment, and technologies used in cosmetology. The student is expected to:(A) explore safe use of tools to enhance client services;(B) describe ergonomically correct use of equipment to promote professional efficiency; and(C) summarize available technology sources that could be used in a professional salon setting.(4) The student develops professional skills needed to make appropriate career plans. The student is expected to:(A) define what is expected of an employee such as ethical conduct, team building skills, principles of selling, and building a clientele;(B) examine personal conduct in the salon to comply with professional liability;(C) research the elements of successful salon operations such as recordkeeping, inventory, and business plan development;(D) distinguish different types of salon categories such as commission based, hourly, and independent contractor; and(E) prepare an employment portfolio that may include professional resume and evidence of accomplishments.</content><note type="source"><p>Source Note: The provisions of this §127.618 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.619"><num value="127.619">§127.619</num><heading>Cosmetology I (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10 and 11. Recommended prerequisite: Introduction to Cosmetology. Recommended corequisite: Cosmetology I Lab. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) In Cosmetology I, students coordinate integration of academic, career, and technical knowledge and skills in this laboratory instructional sequence course designed to provide job-specific training for employment in cosmetology careers. Instruction includes sterilization and sanitation procedures, hair care, nail care, and skin care and meets the Texas Department of Licensing and Regulation (TDLR) requirements for licensure upon passing the state examination. Analysis of career opportunities, license requirements, knowledge and skills expectations, and development of workplace skills are included.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the field of cosmetology. The student is expected to:(A) explain the importance of anatomy and physiology to the cosmetology profession;(B) identify body tissue, body systems, and their functions; (C) explain the structure, composition, and growth of skin, nails, and hair;(D) apply the principles of organic and inorganic chemistry; (E) classify solutions, suspensions, and emulsions that may be used during cosmetology services;(F) apply an understanding of pH and the pH scale to cosmetology services;(G) explain the principles and practices of infection control, including bacterial disorders and diseases and viruses; and(H) explore the nature of electricity by defining types of electric current and the electric modalities used in cosmetology.(2) The student demonstrates knowledge of rules and regulations established by the TDLR. The student is expected to:(A) apply health and safety policies and procedures;(B) recognize risks and potentially hazardous situations in compliance with the TDLR;(C) navigate the TDLR website for exam eligibility, exam results, and student hours; and(D) identify licensure and renewal requirements of the licensee or licensed cosmetology establishment or school.(3) The student demonstrates an understanding in the use of tools, equipment, technologies, and materials used in cosmetology. The student is expected to:(A) employ safe and effective use of tools to enhance client services;(B) use ergonomically designed equipment to promote professional efficiency;(C) use available technology sources effective in a professional salon setting; and(D) apply universal precautions in disposal of hazardous materials.(4) The student applies the academic knowledge and practical skills to simulated and actual work situations. The student is expected to:(A) apply client consultation skills to guide individuals in recognizing concerns and making informed decisions;(B) document client satisfaction, procedures, and products to facilitate ease of consultation in future appointments;(C) locate and compare vendors to maximize benefits for personal care clients, businesses, or organizations;(D) demonstrate understanding and proficiency of basic haircuts such as zero degree, forty-five degree, ninety degree, and one hundred eighty degree;(E) perform basic manicure, facial, and mock chemical service application as required for the state practical exam; and(F) execute shampooing, permanent waving, curl demonstration, blow drying, and thermal curling service as required for the state practical exam.</content><note type="source"><p>Source Note: The provisions of this §127.619 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.620"><num value="127.620">§127.620</num><heading>Cosmetology I Lab (One Credit), Adopted 2018</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10 and 11. Recommended prerequisite: Introduction to Cosmetology. This course must be taken concurrently with Cosmetology I and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Cosmetology I to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as early childhood development and services, counseling and mental health services, family and community services, personal care services, and consumer services.(3) Cosmetology I Lab provides instruction and content directly aligned to the licensure requirements as established by the Texas Department of Licensing and Regulation (TDLR).(4) Careers in cosmetology include all aspects of sterilization and sanitation procedures and personal care services, including hair care, nail care, and skin care. Students will be expected to develop an understanding of the technical knowledge and skills needed for success in the personal care services industry.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) demonstrate professionalism in selecting appropriate attire for the profession and work site;(B) demonstrate effective oral and written communication with diverse individuals, including coworkers, management, and clients;(C) demonstrate personal ownership over the quality of individual performance;(D) explore employment opportunities, including entrepreneurship; and(E) create appropriate document information for employment such as a resume.(2) The student demonstrates knowledge of rules and regulations related to sanitation, disinfection, and health and safety as established by TDLR. The student is expected to:(A) apply knowledge of health and safety policies and procedures in a work setting in compliance with TDLR requirements;(B) demonstrate cleaning and disinfecting of the work environment, including implements and equipment;(C) demonstrate techniques to avoid risks and potentially hazardous situations in compliance with TDLR requirements; and(D) demonstrate industry best practices when disposing of hazardous materials in compliance with TDLR requirements.(3) The student demonstrates knowledge of appropriate use of tools, equipment, technologies, and materials used in cosmetology. The student is expected to:(A) demonstrate safe and effective use of tools to enhance client services;(B) practice and promote professional efficiency by using ergonomically designed equipment; and(C) critique, select, and operate effective technology resources in a professional salon as available.(4) The student applies the practical management skills in simulated and actual work situations. The student is expected to:(A) apply client consultation skills to guide individuals in recognizing concerns and making future appointments;(B) select and implement a client management system appropriate for a professional work situation; and(C) document client satisfaction, procedures, and products to facilitate ease of consultation in future appointments.(5) The student demonstrates proficiency in executing basic cosmetology services as required for the state practical examination. The student is expected to:(A) demonstrate proficiency of basic haircuts such as zero degree, forty-five degree, ninety degree, and one hundred eighty degree;(B) demonstrate basic manicure skills and techniques;(C) demonstrate basic facial service skills and techniques; (D) demonstrate basic chemical service applications;(E) demonstrate basic shampooing techniques;(F) demonstrate basic permanent waving techniques;(G) demonstrate basic curling techniques;(H) demonstrate basic blow drying techniques; and(I) demonstrate basic thermal styling techniques.</content><note type="source"><p>Source Note: The provisions of this §127.620 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.621"><num value="127.621">§127.621</num><heading>Cosmetology II (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Cosmetology I. Recommended corequisite: Cosmetology II Lab. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) In Cosmetology II, students will demonstrate proficiency in academic, technical, and practical knowledge and skills. The content is designed to provide the occupational skills required for licensure. Instruction includes advanced training in professional standards/employability skills; Texas Department of Licensing and Regulation (TDLR) rules and regulations; use of tools, equipment, technologies and materials; and practical skills.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the field of cosmetology. The student is expected to:(A) defend the importance of anatomy and physiology to the cosmetology profession;(B) summarize the structure, composition, and growth of skin, nails, and hair;(C) test the principles of organic and inorganic chemistry; (D) evaluate solutions, suspensions, and emulsions that may be used during cosmetology services such as shampoos, conditioners, and nail care products;(E) select chemical services to maintain a normal pH of hair and skin;(F) describe the chemistry and main ingredients of nail enhancements such as polymer powder, monomer liquid, and ultraviolet (UV) gels and how they work;(G) explain how to prepare the hair for application and removal of extensions such as human or artificial hair; and(H) formulate a salon infection control plan to maintain health and safety of employees and clients.(2) The student demonstrates knowledge of rules and regulations established by the TDLR. The student is expected to:(A) apply health and safety policies and procedures;(B) recognize risks, including potentially hazardous situations, in compliance with the TDLR;(C) navigate the TDLR website for exam eligibility, exam results, and student hours; and(D) identify licensure and renewal requirements of the licensee or licensed cosmetology establishment or school.(3) The student demonstrates proficiency in the use of tools, equipment, technologies, and materials used in cosmetology. The student is expected to:(A) employ safe and effective use of tools to enhance client services;(B) use ergonomically designed equipment to promote professional efficiency;(C) use available technology sources effectively in a professional salon setting;(D) apply universal precautions in disposal of hazardous and non-hazardous materials; and(E) formulate client services based on the correct quality and quantity of materials.(4) The student applies the academic knowledge and practical skills to simulated and actual work situations. The student is expected to:(A) appraise client desires to assist with formulation of personal care services;(B) judge client satisfaction by recording solutions, procedures, and products to enhance future services and client interactions; (C) use vendor resources to provide maximum benefit for clients, service providers, businesses, or organizations;(D) demonstrate mastery of basic haircuts such as zero degree, forty-five degree, ninety degree, one hundred eighty degree, and men's clipper cut;(E) display proficiency of a manicure, facial, and mock chemical service application as required for the state practical exam; and(F) master the technique of shampooing, permanent waving, curl demonstration, blow drying, and thermal curling service as required for the state practical exam.(5) The student analyzes career paths within the cosmetology industry. The student is expected to:(A) explore marketing techniques when selecting and using multimedia to attract and retain clientele;(B) formulate a salon service menu based upon current industry trends;(C) consolidate various methods of obtaining feedback from clients to understand their expectations and promote high-quality standards;(D) create an employment portfolio containing content such as certifications, samples of work, achievements, and supervisor or instructor evaluations; and(E) analyze the role of professional organizations in cosmetology professions.</content><note type="source"><p>Source Note: The provisions of this §127.621 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.622"><num value="127.622">§127.622</num><heading>Cosmetology II Lab (One Credit), Adopted 2018</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Cosmetology I. This course must be taken concurrently with Cosmetology II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Cosmetology II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as early childhood development and services, counseling and mental health services, family and community services, personal care services, and consumer services.(3) Cosmetology II Lab provides instruction and content directly aligned to the licensure requirements as established by the Texas Department of Licensing and Regulation (TDLR).(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) demonstrate professionalism in selecting appropriate attire for the profession and work site;(B) demonstrate professionalism by practicing the use of effective oral and written communication with diverse individuals, including coworkers, management, and clients;(C) demonstrate personal ownership over the quality of individual performance;(D) explore employment opportunities, including entrepreneurship; and(E) collect and compile mastery-level work samples and evaluations to be included in an employment portfolio as appropriate. (2) The student demonstrates knowledge of rules and regulations related to sanitation, disinfection, and health and safety as established by TDLR. The student is expected to:(A) apply knowledge of health and safety policies and procedures in a work setting in compliance with TDLR requirements;(B) demonstrate cleaning and disinfecting of the work environment, including implements and equipment;(C) demonstrate techniques to avoid risks and potentially hazardous situations in compliance with TDLR requirements; and(D) demonstrate industry best practices when disposing hazardous materials in compliance with TDLR requirements.(3) The students demonstrates mastery in the use of tools, equipment, technologies, and materials used in cosmetology. The student is expected to:(A) apply with increased fluency proficient, safe, and effective use of tools in a simulated or actual work setting to enhance client services;(B) demonstrate with increased fluency professional efficiency by using ergonomically designed equipment; and(C) demonstrate with increased fluency effective integration of technology sources in a professional salon as available.(4) The student executes proficient managerial and practical skills in diverse work and professional situations with minimal direction. The student is expected to:(A) resolve client concerns with little to no guidance by using appropriate consultation skills;(B) practice consultation skills to guide individuals in selecting future appointments and services;(C) assess and document client satisfaction in a simulated and actual work situation;(D) assess and document client products to inform future client consultations; and(E) operate a client management system in diverse work and professional situations.(5) The student performs cosmetology services with increased fluency as required for the state practical examination in a simulated and/or work setting with minimal guidance. The student is expected to:(A) demonstrate mastery-level haircut skills and techniques; (B) demonstrate mastery-level manicure skills and techniques; (C) demonstrate mastery-level facial skills and techniques; (D) demonstrate mastery-level knowledge of chemical applications;(E) demonstrate mastery-level shampooing techniques;(F) demonstrate mastery-level permanent waving techniques; (G) perform curling services while demonstrating mastery-level curling techniques;(H) perform blow drying services while demonstrating mastery-level blow drying techniques; and(I) perform thermal styling services while demonstrating mastery-level thermal styling techniques.</content><note type="source"><p>Source Note: The provisions of this §127.622 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.665"><num value="127.665">§127.665</num><heading>Practicum in Human Services (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services.(3) Practicum in Human Services provides background knowledge and occupation-specific training that focuses on the development of consumer services, early childhood development and services, counseling and mental health services, and family and community-services careers. Content for Practicum in Human Services is designed to meet the occupational preparation needs and interests of students and should be based upon the knowledge and skills selected from two or more courses in a coherent sequence in the human services cluster.(4) Instruction may be delivered through school-based laboratory training or through work-based delivery arrangements such as cooperative education, mentoring, and job shadowing.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes career paths within the human services industries. The student is expected to:(A) review careers within the Human Services Career Cluster;(B) complete a resume;(C) create, maintain, and present an employment portfolio with content such as licensures or certifications, samples of work, and evaluation from a supervisor for use during practicum experience in human services careers;(D) demonstrate appropriate interviewing skills to seek employment or job shadowing experiences;(E) analyze the effects of the human services industry on local, state, national, and global economies; and(F) analyze the role of professional organizations in human-services professions.(2) The student uses oral and written communication skills and solves problems using critical-thinking skills. The student is expected to:(A) practice effective verbal, nonverbal, written, and electronic communication skills;(B) use effective communication skills such as ability to empathize, motivate, listen attentively, and speak courteously and respectfully when working with clients;(C) apply appropriate customer service techniques to complete transactions;(D) investigate client resources and risk tolerance levels such as evaluating client resources versus cost, educating client about most beneficial choices, and recommending best products, plans, or services for the client; and(E) consult with supervisor when needed to expedite solutions to client problems.(3) The student uses business tools or procedures to create human services information and facilitate client interactions. The student is expected to:(A) evaluate numerical information and perform complex calculations accurately;(B) use appropriate electronic resources to access current information;(C) use word-processing, database, spreadsheet, or presentation software to accurately prepare needed documents; and(D) discuss and practice appropriate workplace communication etiquette.(4) The student identifies how organizational systems affect performance and the quality of products and services. The student is expected to:(A) examine global factors that affect the performance and quality of products and services in the industry;(B) apply principles of planning, design, development, and evaluation to accomplish long-range goals; and(C) implement quality-control systems and practices that ensure quality products and services.(5) The student determines a healthy environment that inspires client confidence in services provided. The student is expected to:(A) identify appropriate locations to safely offer human services;(B) examine a functional work environment, equipment needs, and required utilities for offering human services;(C) describe elements of a non-threatening workplace environment;(D) identify appropriate social skills necessary for interacting with a diverse population;(E) discuss and employ procedures necessary to provide emergency aid for workplace accidents; and(F) explore components of a disaster and emergency response plan and use when directed.(6) The student uses leadership and teamwork skills in collaborating with others. The student is expected to:(A) collaborate with others to accomplish organizational goals and objectives;(B) establish and maintain working relationships with all levels of personnel; and(C) propose organizational priorities to ensure quality.(7) The student describes and observes ethical and legal responsibilities associated with providing human services. The student is expected to:(A) investigate situations requiring client advocacy and advocate when necessary;(B) describe and practice ethical behaviors when working with human services clients; and(C) comply with laws and regulations related to retail, governmental, or private services.(8) The student selects and uses appropriate business procedures and equipment to produce satisfying client outcomes and business success. The student is expected to:(A) manage funds using appropriate technology;(B) place orders for customers and supplies using sound business practices;(C) respond to client questions appropriately; and(D) advise clients using appropriate and relevant information.</content><note type="source"><p>Source Note: The provisions of this §127.665 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scL/s127.666"><num value="127.666">§127.666</num><heading>Extended Practicum in Human Services (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Human Services Career Cluster. Corequisite: Practicum in Human Services. This course must be taken concurrently with Practicum in Human Services and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Human Services Career Cluster focuses on preparing individuals for employment in career pathways that relate to families and human needs such as counseling and mental health services, family and community services, personal care services, and consumer services. (3) Extended Practicum in Human Services provides background knowledge and occupation-specific training that focuses on the development of consumer services, early childhood development and services, counseling and mental health services, and family and community-services careers. Content for Extended Practicum in Human Services is designed to meet the occupational preparation needs and interests of students and should be based upon the knowledge and skills selected from two or more courses in a coherent sequence in the human services cluster. (4) Instruction may be delivered through school-based laboratory training or through work-based delivery arrangements such as cooperative education, mentoring, and job shadowing. (5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) present information formally and informally in an effective manner; (C) analyze, interpret, and effectively communicate information; (D) apply active listening skills to obtain and clarify information; and(E) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions. (3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate an understanding of and consistently follow workplace safety rules and regulations; (B) identify appropriate locations to safely offer human services;(C) employ procedures necessary to provide emergency aid for workplace accidents; and (D) demonstrate an understanding of components of a disaster and emergency response plan and use when directed. (4) The student understands the professional, ethical, and legal responsibilities in human services. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) describe and practice ethical and legal responsibilities associated with providing human services; (C) show integrity by choosing the ethical course of action when making decisions; (D) address situations requiring client advocacy appropriately and advocate when necessary; and (E) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a supervised human services experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised human services experience; (B) implement quality-control systems and practices that ensure quality products and services with increased fluency; (C) identify a functional work environment, equipment needs, and required utilities for offering human services; (D) employ appropriate social skills necessary for interacting with a diverse population; and(E) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.666 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scM"><num value="M">SUBCHAPTER M</num><heading>INFORMATION TECHNOLOGY</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.671"><num value="127.671">§127.671</num><heading>Principles of Information Technology (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Principles of Information Technology, students will develop computer literacy skills to adapt to emerging technologies used in the global marketplace. Students will implement personal and interpersonal skills to prepare for a rapidly evolving workplace environment. Students will enhance reading, writing, computing, communication, and reasoning skills and apply them to the information technology environment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student identifies various employment opportunities in the IT field. The student is expected to:(A) identify job opportunities and accompanying job duties and tasks;(B) research careers of personal interest along with the education, job skills, and experience required to achieve personal career goals; and(C) describe the functions of resumes and portfolios. (2) The student uses evolving and emerging technologies to exchange information. The student is expected to:(A) identify and describe functions of various evolving and emerging technologies;(B) send and receive text information and file attachments using electronic methods such as email, electronic bulletin boards, and instant message services;(C) demonstrate effective Internet search strategies, including keywords and Boolean logic, using various available search engines;(D) identify the various components of a Uniform Resource Locator;(E) demonstrate ability to effectively test acquired information from the Internet for accuracy, relevance, and validity;(F) explain issues concerning computer-based threats such as computer viruses, malware, and hacking; and(G) explain issues concerning Internet safety such as identity theft, online predators, cyber-bullying, and phishing. (3) The student demonstrates knowledge of the hardware components associated with information systems. The student is expected to:(A) identify major hardware components and their functions; (B) use available reference tools as appropriate; and(C) connect and use a variety of peripheral devices such as mouse, keyboard, microphone, digital camera, and printer.(4) The student demonstrates knowledge of the different software associated with information systems. The student is expected to:(A) differentiate between systems and application software; (B) identify and explain major operating system fundamentals and components such as disk operations, graphical user interface components, and hardware drivers;(C) explain the purpose of file types across software products;(D) demonstrate use of computer numbering systems and internal data representation such as identifying the hexadecimal value of a color;(E) compare and contrast open source and proprietary software;(F) explain use of system management tools;(G) apply proper file management techniques such as creating, naming, organizing, copying, moving, and deleting files;(H) use appropriate file protection and security; and(I) explain the process for discovering, quarantining, and removing viruses from a computer system. (5) The student analyzes network systems. The student is expected to:(A) identify hardware associated with telecommunications and data networking such as servers, routers, switches, and network connectors;(B) identify and describe various types of networks such as peer-to-peer, local area networks, wide area networks, wireless, and Ethernet;(C) identify functions of network operating systems; and(D) explain troubleshooting techniques for various network connection issues.(6) The student applies word-processing technology. The student is expected to:(A) identify the terminology associated with word-processing software;(B) edit a variety of text documents using functions such as pagination, appropriate white space, tab settings, and font style, size, and color; and(C) create professional documents such as memorandums, technical manuals, or proposals using advanced word-processing features.(7) The student applies spreadsheet technology. The student is expected to:(A) identify the terminology associated with spreadsheet software;(B) use numerical content to perform mathematical calculations; (C) use student-created and preprogrammed functions to produce documents such as budget, payroll, statistical tables, and personal checkbook register;(D) identify, generate, and describe the function of comma separated value files;(E) create and analyze spreadsheets incorporating advanced features such as lookup tables, nested IF statements, subtotals, cell protection conditional formatting, charts, and graphs; and(F) perform sorting, searching, and data filtering in documents.(8) The student explores computer programming concepts. The student is expected to:(A) identify the function of compilers and interpreters;(B) explain the difference between the operation of compilers and interpreters;(C) identify various computer languages and how the languages are used in software development;(D) recognize data representation in software development such as string, numeric, character, integer, and date;(E) identify and explain the concept of algorithms; and(F) describe the flow of a structured algorithm, including linear and iterative instructions such as using a flow chart.(9) The student explores database technology. The student is expected to:(A) identify the terminology associated with database software and database functions;(B) explore the application of databases;(C) identify and explain the purpose and elements of a query language;(D) identify and explain the purpose of fields and records; and(E) describe the process of constructing a query, including multiple search parameters.(10) The student applies presentation management technology. The student is expected to:(A) identify the terminology and functions of presentation software; and(B) create, save, edit, and produce presentations incorporating advanced features such as links, hyperlinks, audio, and graphics.(11) The student applies design and web publishing techniques. The student is expected to:(A) identify the terminology associated with web page development and interactive media;(B) identify and explain design elements such as typeface, color, shape, texture, space, and form;(C) identify and explain design principles such as unity, harmony, balance, scale, and contrast;(D) identify and explain common elements of Hyper Text Markup Language (HTML) such as tags, stylesheets, and hyperlinks; and(E) create a web page containing links, graphics, and text using appropriate design principles.(12) The student understands and demonstrates legal and ethical procedures as they apply to the use of information technology. The student is expected to:(A) explain and demonstrate ethical use of technology and online resources;(B) adhere to intellectual property laws;(C) explain the concept of intellectual property laws, including copyright, trademarks, and patents and consequences of violating each type of law;(D) examine the consequences of plagiarism;(E) identify and explain unethical practices such as hacking, online piracy, and data vandalism; and(F) demonstrate ethical use of online resources, including citation of source.(13) The student applies project management skills to information technology projects. The student is expected to:(A) identify and demonstrate planning strategies such as storyboarding;(B) identify phases of project management, including initiating, planning, executing, monitoring and controlling, and closing a project.</content><note type="source"><p>Source Note: The provisions of this §127.671 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.672"><num value="127.672">§127.672</num><heading>Fundamentals of Computer Science (One Credit), Adopted 2022</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Fundamentals of Computer Science is intended as a first course for those students just beginning the study of computer science. Students will learn about the computing tools that are used every day. Students will foster their creativity and innovation through opportunities to design, implement, and present solutions to real-world problems. Students will collaborate and use computer science concepts to access, analyze, and evaluate information needed to solve problems. Students will learn computational thinking, problem-solving, and reasoning skills that are the foundation of computer science. By using computer science knowledge and skills that support the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. Students will learn digital citizenship by researching current laws, regulations, and best practices and by practicing integrity and respect. Students will gain an understanding of the principles of computer science through the study of technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Employability. The student identifies various employment opportunities in the computer science field. The student is expected to:(A) identify job and internship opportunities and accompanying job duties and tasks and contact one or more companies or organizations to explore career opportunities;(B) examine the role of certifications, resumes, and portfolios in the computer science profession;(C) employ effective technical reading and writing skills;(D) employ effective verbal and non-verbal communication skills;(E) solve problems and think critically;(F) demonstrate leadership skills and function effectively as a team member;(G) demonstrate an understanding of legal and ethical responsibilities in relation to the field of computer science;(H) demonstrate planning and time-management skills; and(I) compare university computer science programs.(2) Creativity and innovation. The student develops products and generates new knowledge, understanding, and skills. The student is expected to:(A) investigate and explore various career opportunities within the computer science field and report findings through various media;(B) create algorithms for the solution of various problems; (C) discuss methods and create and publish web pages using a web-based language such as HTML, Java Script, or XML; and(D) use generally accepted design standards for spacing, fonts, and color schemes to create functional user interfaces, including static and interactive screens.(3) Communication and collaboration. The student communicates and collaborates with peers to contribute to his or her own learning and the learning of others. The student is expected to:(A) seek and respond to advice or feedback from peers, educators, or professionals when evaluating problem solutions;(B) debug and solve problems using reference materials and effective strategies; and(C) publish information in a variety of ways such as print, monitor display, web pages, or video.(4) Critical thinking, problem solving, and decision making. The student uses appropriate strategies to analyze problems and design algorithms. The student is expected to:(A) demonstrate the ability to insert external standalone objects such as scripts or widgets into web pages;(B) communicate an understanding of binary representation of data in computer systems, perform conversions between decimal and binary number systems, and count in binary number systems;(C) identify a problem's description, purpose, and goals;(D) demonstrate coding proficiency in a programming language by developing solutions that create stories, games, and animations; (E) identify and use the appropriate data type to properly represent the data in a program problem solution;(F) communicate an understanding of and use variables within a programmed story, game, or animation;(G) use arithmetic operators to create mathematical expressions, including addition, subtraction, multiplication, real division, integer division, and modulus division;(H) communicate an understanding of and use sequence within a programmed story, game, or animation;(I) communicate an understanding of and use conditional statements within a programmed story, game, or animation;(J) communicate an understanding of and use iteration within a programmed story, game, or animation;(K) use random numbers within a programmed story, game, or animation; and(L) test program solutions by investigating intended outcomes.(5) Digital citizenship. The student explores and understands safety, legal, cultural, and societal issues relating to the use of technology and information. The student is expected to:(A) discuss privacy and copyright laws and model ethical acquisition of digital information by citing sources using established methods;(B) compare various non-copyright asset sharing options such as open source, freeware, and public domain;(C) demonstrate proper digital etiquette and knowledge of acceptable use policies when using networks;(D) explain the value of strong passwords and virus detection and prevention for privacy and security;(E) discuss and give examples of the impact of computing and computing-related advancements on society; and(F) analyze how electronic media can affect reliability of information.(6) Technology operations and concepts. The student understands technology concepts, systems, and operations as they apply to computer science. The student is expected to:(A) identify and explain the function of basic computer components, including a central processing unit (CPU), storage, and peripheral devices;(B) use system tools, including appropriate file management; (C) compare different operating systems;(D) describe the differences between an application and an operating system; and(E) use various input, processing, output, and primary/secondary storage devices.</content><note type="source"><p>Source Note: The provisions of this §127.672 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.673"><num value="127.673">§127.673</num><heading>Computer Science I (One Credit), Adopted 2022</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Prerequisite or corequisite: Algebra I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Computer Science I will foster students' creativity and innovation by presenting opportunities to design, implement, and present meaningful programs through a variety of media. Students will collaborate with one another, their instructor, and various electronic communities to solve the problems presented throughout the course. Through computational thinking and data analysis, students will identify task requirements, plan search strategies, and use computer science concepts to access, analyze, and evaluate information needed to solve problems. By using computer science knowledge and skills that support the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. Students will learn digital citizenship by researching current laws, regulations, and best practices and by practicing integrity and respect. Students will gain an understanding of the principles of computer science through the study of technology operations, systems, and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Employability. The student identifies various employment opportunities in the computer science field. The student is expected to:(A) identify job and internship opportunities and accompanying job duties and tasks and contact one or more companies or organizations to explore career opportunities;(B) examine the role of certifications, resumes, and portfolios in the computer science profession;(C) employ effective technical reading and writing skills;(D) employ effective verbal and non-verbal communication skills;(E) solve problems and think critically;(F) demonstrate leadership skills and function effectively as a team member;(G) communicate an understanding of legal and ethical responsibilities in relation to the field of computer science;(H) demonstrate planning and time-management skills; and(I) compare university computer science programs.(2) Communication and collaboration. The student communicates and collaborates with peers to contribute to his or her own learning and the learning of others. The student is expected to:(A) participate in learning communities as a learner, initiator, contributor, and teacher/mentor; and(B) seek and respond to advice from peers, educators, or professionals when evaluating quality and accuracy of the student's product.(3) Programming style and presentation. The student utilizes proper programming style and develops appropriate visual presentation of data, input, and output. The student is expected to:(A) create and properly label and display output;(B) create interactive input interfaces, with relevant user prompts, to acquire data from a user such as console displays or Graphical User Interfaces (GUIs);(C) write programs with proper programming style to enhance the readability and functionality of a code by using descriptive identifiers, internal comments, white space, spacing, indentation, and a standardized program style;(D) format data displays using standard formatting styles; and(E) display simple vector graphics using lines, circles, and rectangles.(4) Critical thinking, problem solving, and decision making. The student uses appropriate strategies to analyze problems and design algorithms. The student is expected to:(A) use program design problem-solving strategies such as flowchart or pseudocode to create program solutions;(B) create a high-level program plan using a visual tool such as a flowchart or graphic organizer;(C) identify the tasks and subtasks needed to solve a problem;(D) identify the data types and objects needed to solve a problem;(E) identify reusable components from existing code;(F) design a solution to a problem;(G) code a solution from a program design;(H) identify error types, including syntax, lexical, run time, and logic;(I) test program solutions with valid and invalid test data and analyze resulting behavior;(J) debug and solve problems using error messages, reference materials, language documentation, and effective strategies;(K) create and implement common algorithms such as finding greatest common divisor, finding the biggest number out of three, finding primes, making change, and finding the average;(L) create program solutions that address basic error handling such as preventing division by zero and type mismatch;(M) select the most appropriate construct for a defined problem;(N) create program solutions by using the arithmetic operators to create mathematical expressions, including addition, subtraction, multiplication, real division, integer division, and modulus division;(O) create program solutions to problems using available mathematics library functions or operators, including absolute value, round, power, square, and square root;(P) develop program solutions that use assignment;(Q) develop sequential algorithms to solve non-branching and non-iterative problems;(R) develop algorithms to decision-making problems using branching control statements;(S) develop iterative algorithms and code programs to solve practical problems;(T) demonstrate the appropriate use of the relational operators;(U) demonstrate the appropriate use of the logical operators; and(V) generate and use random numbers.(5) Digital citizenship. The student explores and understands safety, legal, cultural, and societal issues relating to the use of technology and information. The student is expected to:(A) discuss and explain intellectual property, privacy, sharing of information, copyright laws, and software licensing agreements; (B) practice ethical acquisition and use of digital information;(C) demonstrate proper digital etiquette, responsible use of software, and knowledge of acceptable use policies;(D) investigate privacy and security measures, including strong passwords, pass phrases, and other methods of authentication and virus detection and prevention; and(E) investigate computing and computing-related advancements and the social and ethical ramifications of computer usage.(6) Technology operations, systems, and concepts. The student understands technology concepts, systems, and operations as they apply to computer science. The student is expected to:(A) identify and describe the function of major hardware components, including primary and secondary memory, a central processing unit (CPU), and peripherals;(B) differentiate between current programming languages, discuss the general purpose for each language, and demonstrate knowledge of specific programming terminology and concepts and types of software development applications;(C) differentiate between a high-level compiled language and an interpreted language;(D) identify and use concepts of object-oriented design;(E) differentiate between local and global scope access variable declarations;(F) encapsulate data and associated subroutines into an abstract data type;(G) create subroutines that do not return values with and without the use of arguments and parameters;(H) create subroutines that return typed values with and without the use of arguments and parameters;(I) create calls to processes passing arguments that match parameters by number, type, and position;(J) compare data elements using logical and relational operators;(K) identify and convert binary representation of numeric and nonnumeric data in computer systems using American Standard Code for Information Interchange (ASCII) or Unicode;(L) identify finite limits of numeric data such as integer wrap around and floating point precision;(M) perform numerical conversions between the decimal and binary number systems and count in the binary number system;(N) choose, identify, and use the appropriate data types for integer, real, and Boolean data when writing program solutions; (O) analyze the concept of a variable, including primitives and objects;(P) represent and manipulate text data, including concatenation and other string functions;(Q) identify and use the structured data type of one-dimensional arrays to traverse, search, and modify data;(R) choose, identify, and use the appropriate data type or structure to properly represent the data in a program problem solution; and(S) compare strongly typed and un-typed programming languages.</content><note type="source"><p>Source Note: The provisions of this §127.673 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.674"><num value="127.674">§127.674</num><heading>Computer Science II (One Credit), Adopted 2022</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2024-2025 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisites: Algebra I and Computer Science I or AP Computer Science Principles. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Computer Science II will foster students' creativity and innovation by presenting opportunities to design, implement, and present meaningful programs through a variety of media. Students will collaborate with one another, their instructor, and various electronic communities to solve the problems presented throughout the course. Through computational thinking and data analysis, students will identify task requirements, plan search strategies, and use computer science concepts to access, analyze, and evaluate information needed to solve problems. By using computer science knowledge and skills that support the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. Students will gain an understanding of computer science through the study of technology operations, systems, and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Employability. The student identifies various employment opportunities in the computer science field. The student is expected to:(A) identify job and internship opportunities and accompanying job duties and tasks and contact one or more companies or organizations to explore career opportunities;(B) examine the role of certifications, resumes, and portfolios in the computer science profession;(C) employ effective technical reading and writing skills;(D) employ effective verbal and non-verbal communication skills;(E) solve problems and think critically;(F) demonstrate leadership skills and function effectively as a team member;(G) identify legal and ethical responsibilities in relation to the field of computer science;(H) demonstrate planning and time-management skills; and(I) compare university computer science programs.(2) Creativity and innovation. The student develops products and generates new understandings by extending existing knowledge. The student is expected to:(A) use program design problem-solving strategies to create program solutions;(B) read, analyze, and modify programs and their accompanying documentation such as an application programming interface (API), internal code comments, external documentation, or readme files;(C) follow a systematic problem-solving process that identifies the purpose and goals, the data types and objects needed, and the subtasks to be performed;(D) compare design methodologies and implementation techniques such as top-down, bottom-up, and black box;(E) trace a program, including inheritance and black box programming;(F) choose, identify, and use the appropriate abstract data type, advanced data structure, and supporting algorithms to properly represent the data in a program problem solution; and(G) use object-oriented programming development methodology, including data abstraction, encapsulation with information hiding, inheritance, and procedural abstraction in program development.(3) Communication and collaboration. The student communicates and collaborates with peers to contribute to his or her own learning and the learning of others. The student is expected to:(A) use the principles of software development to work in software design teams;(B) break a problem statement into specific solution requirements;(C) create a program development plan;(D) code part of a solution from a program development plan while a partner codes the remaining part;(E) collaborate with a team to test a solution, including boundary and standard cases; and(F) develop presentations to report the solution findings. (4) Data literacy and management. The student locates, analyzes, processes, and organizes data. The student is expected to:(A) use programming file structure and file access for required resources;(B) acquire and process information from text files, including files of known and unknown sizes;(C) manipulate data using string processing;(D) manipulate data values by casting between data types;(E) use the structured data type of one-dimensional arrays to traverse, search, modify, insert, and delete data;(F) identify and use the structured data type of two-dimensional arrays to traverse, search, modify, insert, and delete data;(G) identify and use a list object data structure to traverse, search, insert, and delete data; and(H) differentiate between categories of programming languages, including machine, assembly, high-level compiled, high-level interpreted, and scripted.(5) Critical thinking, problem solving, and decision making. The student uses appropriate strategies to analyze problems and design algorithms. The student is expected to:(A) develop sequential algorithms using branching control statements, including nested structures, to create solutions to decision-making problems;(B) develop choice algorithms using selection control statements based on ordinal values;(C) demonstrate the appropriate use of short-circuit evaluation in certain situations;(D) use Boolean algebra, including De Morgan's Law, to evaluate and simplify logical expressions;(E) develop iterative algorithms using nested loops;(F) identify, trace, and appropriately use recursion in programming solutions, including algebraic computations;(G) trace, construct, evaluate, and compare search algorithms, including linear searching and binary searching;(H) identify, describe, trace, evaluate, and compare standard sorting algorithms, including selection sort, bubble sort, insertion sort, and merge sort;(I) measure time and space efficiency of various sorting algorithms, including analyzing algorithms using "big-O" notation for best, average, and worst-case data patterns;(J) develop algorithms to solve various problems such as factoring, summing a series, finding the roots of a quadratic equation, and generating Fibonacci numbers;(K) test program solutions by investigating boundary conditions; testing classes, methods, and libraries in isolation; and performing stepwise refinement;(L) identify and debug compile, syntax, runtime, and logic errors;(M) compare efficiency of search and sort algorithms by using informal runtime comparisons, exact calculation of statement execution counts, and theoretical efficiency values using "big-O" notation, including worst-case, best-case, and average-case time/space analysis;(N) count, convert, and perform mathematical operations in the decimal, binary, octal, and hexadecimal number systems;(O) identify maximum integer boundary, minimum integer boundary, imprecision of real number representations, and round-off errors;(P) create program solutions to problems using a mathematics library;(Q) use random number generator algorithms to create simulations;(R) use composition and inheritance relationships to identify and create class definitions and relationships;(S) explain and use object relationships between defined classes, abstract classes, and interfaces;(T) create object-oriented class definitions and declarations using variables, constants, methods, parameters, and interface implementations; (U) create adaptive behaviors using polymorphism;(V) use reference variables for object and string data types;(W) use value and reference parameters appropriately in method definitions and method calls;(X) implement access scope modifiers;(Y) use object comparison for content quality;(Z) duplicate objects using the appropriate deep or shallow copy;(AA) apply functional decomposition to a program solution; (BB) create objects from class definitions through instantiation; and(CC) examine and mutate the properties of an object using accessors and modifiers.</content><note type="source"><p>Source Note: The provisions of this §127.674 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.675"><num value="127.675">§127.675</num><heading>Computer Science III (One Credit), Adopted 2022</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Computer Science II, Advanced Placement (AP) Computer Science A, or International Baccalaureate (IB) Computer Science Standard Level or IB Computer Science Higher Level. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Computer Science III will foster students' creativity and innovation by presenting opportunities to design, implement, and present meaningful programs through a variety of media. Students will collaborate with one another, their instructor, and various electronic communities to solve the problems presented throughout the course. Through computational thinking and data analysis, students will identify task requirements, plan search strategies, and use computer science concepts to access, analyze, and evaluate information needed to solve problems. By using computer science knowledge and skills that support the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. Students will gain an understanding of advanced computer science data structures through the study of technology operations, systems, and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(6) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(d) Knowledge and skills.(1) Employability. The student identifies various employment opportunities in the computer science field. The student is expected to:(A) identify job and internship opportunities and accompanying job duties and tasks and contact one or more companies or organizations to explore career opportunities;(B) examine the role of certifications, resumes, and portfolios in the computer science profession;(C) employ effective technical reading and writing skills;(D) employ effective verbal and non-verbal communication skills;(E) solve problems and think critically;(F) demonstrate leadership skills and function effectively as a team member;(G) demonstrate an understanding of legal and ethical responsibilities in relation to the field of computer science;(H) demonstrate planning and time-management skills; and(I) compare university computer science programs.(2) Creativity and innovation. The student develops products and generates new understandings by extending existing knowledge. The student is expected to:(A) apply object-oriented programming, including data abstraction, encapsulation, inheritance, and polymorphism, to manage the complexity of a project;(B) design and implement a class hierarchy;(C) read and write class specifications using visual organizers, including Unified Modeling Language;(D) identify, describe, evaluate, compare, and implement standard sorting algorithms that perform sorting operations on data structures, including quick sort and heap sort; and(E) identify and use the appropriate abstract data type, advanced data structure, and supporting algorithms to properly represent the data in a program problem solution.(3) Communication and collaboration. The student communicates and collaborates with peers to contribute to his or her own learning and the learning of others. The student is expected to:(A) use networked tools for file management and collaboration; and(B) work in software design teams.(4) Data literacy and management. The student locates, analyzes, processes, and organizes data. The student is expected to:(A) identify and use two-dimensional ragged arrays to traverse, search, modify, insert, and delete data;(B) describe and demonstrate proper linked list management, including maintaining the head and safe addition and deletion of linked objects;(C) create or trace program solutions using a linked-list data structure, including unordered single, ordered single, double, and circular linked;(D) describe composite data structures, including a linked list of linked lists;(E) create or trace program solutions using stacks, queues, trees, heaps, priority queues, graph theory, and enumerated data types;(F) create or trace program solutions using sets, including hash and tree-based data structures;(G) create or trace program solutions using map style data structures; and(H) write and modify text file data.(5) Critical thinking, problem solving, and decision making. The student uses appropriate strategies to analyze problems and design algorithms. The student is expected to:(A) evaluate expressions using bitwise operators;(B) evaluate expressions using the ternary operator;(C) identify, trace, and appropriately use recursion in programming solutions, including processing binary trees;(D) create or trace program solutions using hashing;(E) explore common algorithms such as matrix addition and multiplication, fractals, Towers of Hanoi, and magic square; and(F) create program solutions that exhibit robust behavior by recognizing and avoiding runtime errors and handling anticipated errors.(6) Testing and documentation. The student demonstrates appropriate documentation and testing practices. The student is expected to:(A) use appropriate formatting and write documentation to support code maintenance, including pre- and post-condition statements; (B) write program assumptions in the form of assertions;(C) write a Boolean expression to test a program assertion; and(D) construct assertions to make explicit program invariants. (7) Practical application of technology. The student utilizes technology concepts, systems, and operations as they apply to computer science. The student is expected to:(A) analyze and create computer program workflow charts and basic system diagrams, documenting system functions, features, and operations;(B) gather requirements, design, and implement a process by which programs can interact with each other such as using interfaces;(C) create simple programs using a low-level language such as assembly;(D) create discovery programs in a high-level language;(E) create scripts for an operating system;(F) explore industry best practices for secure programming; and(G) explore emerging industry or technology trends.</content><note type="source"><p>Source Note: The provisions of this §127.675 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.676"><num value="127.676">§127.676</num><heading>Foundations of Cybersecurity (One Credit), Adopted 2022</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry and relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Cybersecurity is a critical discipline concerned with safeguarding computers, networks, programs, and data from unauthorized access. As a field, it has gained prominence with the expansion of a globally connected society. As computing has become more sophisticated, so too have the abilities of adversaries looking to penetrate networks and access systems and sensitive information. Cybersecurity professionals prevent, detect, and respond to minimize disruptions to governments, organizations, and individuals.(4) In the Foundations of Cybersecurity course, students will develop the knowledge and skills needed to explore fundamental concepts related to the ethics, laws, and operations of cybersecurity. Students will examine trends and operations of cyberattacks, threats, and vulnerabilities. Students will review and explore security policies designed to mitigate risks. The skills obtained in this course prepare students for additional study in cybersecurity. A variety of courses are available to students interested in this field. Foundations of Cybersecurity may serve as an introductory course in this field of study.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Professional awareness. The student identifies various employment opportunities and requirements in the cybersecurity field. The student is expected to:(A) identify job and internship opportunities and accompanying job duties and tasks;(B) research careers in cybersecurity and information security and develop professional profiles that match education and job skills required for obtaining a job in both the public and private sectors;(C) identify and discuss certifications for cybersecurity-related careers; and(D) explain the different types of services and roles found within a cybersecurity functional area such as a security operations center (SOC).(2) Ethics and laws. The student understands ethical and current legal standards, rights and restrictions governing technology, technology systems, digital media, and the use of social media. The student is expected to:(A) demonstrate and advocate for ethical and legal behaviors both online and offline among peers, family, community, and employers;(B) investigate and analyze local, state, national, and international cybersecurity laws such as the USA PATRIOT Act of 2001, General Data Protection Regulation, Digital Millennium Copyright Act, Computer Fraud and Abuse Act, and Health Insurance Portability and Accountability Act of 1996 (HIPAA);(C) investigate and analyze noteworthy incidents or events regarding cybersecurity;(D) communicate an understanding of ethical and legal behavior when presented with various scenarios related to cybersecurity activities;(E) define and identify tactics used in an incident such as social engineering, malware, denial of service, spoofing, and data vandalism; and(F) identify and use appropriate methods for citing sources.(3) Ethics and laws. The student differentiates between ethical and malicious hacking. The student is expected to:(A) identify motivations and perspectives for hacking;(B) distinguish between types of threat actors such as hacktivists, criminals, state-sponsored actors, and foreign governments; (C) identify and describe the impact of cyberattacks on the global community, society, and individuals;(D) differentiate between industry terminology for types of hackers such as black hats, white hats, and gray hats; and(E) determine and describe possible outcomes and legal ramifications of ethical versus malicious hacking practices.(4) Ethics and laws. The student identifies and defines cyberterrorism and counterterrorism. The student is expected to:(A) define cyberterrorism, state-sponsored cyberterrorism, and hacktivism;(B) compare and contrast physical terrorism and cyberterrorism, including domestic and foreign actors;(C) define and explain intelligence gathering;(D) explain the role of cyber defense in protecting national interests and corporations;(E) explain the role of cyber defense in society and the global economy; and(F) explain the importance of protecting public infrastructures such as electrical power grids, water systems, pipelines, transportation, and power generation facilities from cyberterrorism.(5) Digital citizenship. The student understands and demonstrates the social responsibility of end users regarding significant issues related to digital technology, digital hygiene, and cyberbullying. The student is expected to:(A) identify and understand the nature and value of privacy;(B) analyze the positive and negative implications of a digital footprint and the maintenance and monitoring of an online presence;(C) discuss the role and impact of technology on privacy;(D) identify the signs, emotional effects, and legal consequences of cyberbullying and cyberstalking; and(E) identify and discuss effective ways to deter and report cyberbullying.(6) Digital citizenship. The student understands the implications of sharing information and access with others. The student is expected to:(A) define personally identifiable information (PII);(B) evaluate the risks and benefits of sharing PII;(C) describe the impact of granting applications unnecessary permissions such as mobile devices accessing camera and contacts;(D) describe the risks of granting third parties access to personal and proprietary data on social media and systems; and(E) describe the risks involved with accepting Terms of Service (ToS) or End User License Agreements (EULA) without a basic understanding of the terms or agreements.(7) Cybersecurity skills. The student understands basic cybersecurity concepts and definitions. The student is expected to:(A) define cybersecurity and information security;(B) identify basic risk management and risk assessment principles related to cybersecurity threats and vulnerabilities, including the Zero Trust model;(C) explain the fundamental concepts of confidentiality, integrity, and availability (CIA triad);(D) describe the trade-offs between convenience and security;(E) identify and analyze cybersecurity breaches and incident responses;(F) identify and analyze security challenges in domains such as physical, network, cloud, and web;(G) define and discuss challenges faced by cybersecurity professionals such as internal and external threats;(H) identify indicators of compromise such as common risks, warning signs, and alerts of compromised systems;(I) explore and discuss the vulnerabilities of network-connected devices such as Internet of Things (IoT);(J) use appropriate cybersecurity terminology;(K) explain the concept of penetration testing, including tools and techniques; and(L) explore and identify common industry frameworks such as MITRE ATT&CKTM, MITRE Engage TM, and Cyber Kill Chain, and the Diamond Model.(8) Cybersecurity skills. The student understands and explains various types of malicious software (malware). The student is expected to:(A) define malware, including spyware, ransomware, viruses, and rootkits;(B) identify the transmission and function of malware such as trojan horses, worms, and viruses;(C) discuss the impact of malware and the model of "as a service";(D) explain the role of reverse engineering for the detection of malware and viruses; and(E) describe free and commercial antivirus and anti-malware software also known as Endpoint Detection and Response software.(9) Cybersecurity skills. The student understands and demonstrates knowledge of techniques and strategies to prevent a system from being compromised. The student is expected to:(A) define system hardening;(B) use basic system administration privileges;(C) explain the importance of patching operating systems;(D) explain the importance of software updates;(E) describe standard practices to configure system services;(F) explain the importance of backup files;(G) research and explain standard practices for securing computers, networks, and operating systems, including the concept of least privilege; and(H) identify vulnerabilities caused by a lack of cybersecurity awareness and training such as weaknesses posed by individuals within an organization.(10) Cybersecurity skills. The student understands basic network operations. The student is expected to:(A) identify basic network devices, including routers and switches;(B) define network addressing;(C) analyze incoming and outgoing rules for traffic passing through a firewall;(D) identify well known ports by number and service provided, including port 22 (Secure Shell Protocol/ssh), port 80 (Hypertext Transfer Protocol/http), and port 443 (Hypertext Transfer Protocol Secure/https);(E) identify commonly exploited ports and services, including ports 20 and 21 (File Transfer Protocol/ftp), port 23 (telnet protocol), and port 3389 (Remote Desktop Protocol/rdp); and(F) identify common tools for monitoring ports and network traffic.(11) Cybersecurity skills. The student identifies standard practices of system administration. The student is expected to:(A) define what constitutes a secure password;(B) create a secure password policy, including length, complexity, account lockout, and rotation;(C) identify methods of password cracking such as brute force and dictionary attacks; and(D) examine and configure security options to allow and restrict access based on user roles.(12) Cybersecurity skills. The student demonstrates necessary steps to maintain user access on the system. The student is expected to:(A) identify different types of user accounts and groups on an operating system;(B) explain the fundamental concepts and standard practices related to access control, including authentication, authorization, and auditing;(C) compare methods for single- and multi-factor authentication such as passwords, biometrics, personal identification numbers (PINs), secure tokens, and other passwordless authentication methods;(D) define and explain the purpose and benefits of an air-gapped computer; and(E) explain how hashes and checksums may be used to validate the integrity of transferred data.(13) Cybersecurity skills. The student explores the field of digital forensics. The student is expected to:(A) explain the importance of digital forensics to organizations, private citizens, and the public sector;(B) identify the role of chain of custody in digital forensics;(C) explain the four steps of the forensics process, including collection, examination, analysis, and reporting;(D) identify when a digital forensics investigation is necessary;(E) identify information that can be recovered from digital forensics investigations such as metadata and event logs; and(F) analyze the purpose of event logs and identify suspicious activity.(14) Cybersecurity skills. The student explores the operations of cryptography. The student is expected to:(A) explain the purpose of cryptography and encrypting data;(B) research historical uses of cryptography;(C) review and explain simple cryptography methods such as shift cipher and substitution cipher;(D) define and explain public key encryption; and(E) compare and contrast symmetric and asymmetric encryption. (15) Vulnerabilities, threats, and attacks. The student understands vulnerabilities, threats, and attacks. The student is expected to:(A) explain how computer vulnerabilities leave systems open to cyberattacks;(B) explain how users are the most common vehicle for compromising a system at the application level;(C) define and describe vulnerability, payload, exploit, port scanning, and packet sniffing;(D) identify internal threats to systems such as logic bombs and insider threats;(E) define and describe cyberattacks, including man-in-the-middle, distributed denial of service, spoofing, and back-door attacks;(F) differentiate types of social engineering techniques such as phishing; web links in email, instant messaging, social media, and other online communication with malicious links; shoulder surfing; and dumpster diving; and(G) identify various types of application-specific attacks such as cross-site scripting and injection attacks.(16) Vulnerabilities, threats, and attacks. The student evaluates the vulnerabilities of networks. The student is expected to:(A) compare vulnerabilities associated with connecting devices to public and private networks;(B) explain device vulnerabilities and security solutions on networks such as supply chain security and counterfeit products;(C) compare and contrast protocols such as HTTP versus HTTPS;(D) debate the broadcasting or hiding of a wireless service set identifier (SSID); and(E) research and discuss threats such as mandatory access control (MAC) spoofing and packet sniffing.(17) Vulnerabilities, threats, and attacks. The student analyzes threats to computer applications. The student is expected to:(A) define application security;(B) identify methods of application security such as secure development policies and practices;(C) explain the purpose and function of vulnerability scanners;(D) explain how coding errors may create system vulnerabilities such as buffer overflows and lack of input validation; and(E) analyze the risks of distributing insecure programs.(18) Risk assessment. The student understands risk and how risk assessment and risk management defend against attacks. The student is expected to:(A) define commonly used risk assessment terms, including risk, asset, and inventory;(B) identify risk management strategies, including acceptance, avoidance, transference, and mitigation; and(C) compare and contrast risks based on an industry accepted rubric or metric such as Risk Assessment Matrix.</content><note type="source"><p>Source Note: The provisions of this §127.676 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.677"><num value="127.677">§127.677</num><heading>Digital Forensics (One Credit), Adopted 2022</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Prerequisite: Foundations of Cybersecurity. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Digital forensics is a critical discipline concerned with analyzing anomalous activity on computers, networks, programs, and data. As a discipline, it has grown with the expansion of a globally connected digital society. As computing has become more sophisticated, so too have the abilities to access systems and sensitive information. Digital forensics professionals investigate and craft appropriate responses to disruptions to governments, organizations, and individuals. Whereas cybersecurity takes a proactive approach to information assurance to minimize harm, digital forensics takes a reactive approach to incident response.(4) Digital Forensics introduces students to the knowledge and skills of digital forensics. The course provides a survey of the field of digital forensics and incident response.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Employment opportunities. The student identifies various employment opportunities in the digital forensics field. The student is expected to:(A) investigate the need for digital forensics;(B) identify and discuss certifications for digital forensics careers;(C) identify and describe businesses and government agencies that use digital forensics; and(D) identify and describe the kinds of crimes investigated by digital forensics specialists.(2) Ethics and laws. The student recognizes and analyzes ethical and current legal standards, rights, and restrictions related to digital forensics. The student is expected to:(A) develop a plan to advocate for ethical and legal behaviors both online and offline among peers, family, community, and employers;(B) research and discuss local, state, national, and international law such as the Electronic Communications Privacy Act of 1986, Title III (Pen Register Act); USA PATRIOT Act of 2001; and Digital Millennium Copyright Act;(C) research and discuss historic cases or events regarding digital forensics or cybersecurity;(D) analyze ethical and legal behavior when presented with confidential or sensitive information in various scenarios related to cybersecurity activities;(E) analyze case studies of computer incidents;(F) use the findings of a computer incident investigation to reconstruct a computer incident;(G) identify and discuss intellectual property laws, issues, and use;(H) contrast legal and illegal aspects of information gathering;(I) contrast ethical and unethical aspects of information gathering;(J) analyze emerging legal and societal trends affecting digital forensics; and(K) discuss how technological changes affect applicable laws.(3) Digital citizenship. The student understands and demonstrates the social responsibility of end users regarding digital technology, safety, digital hygiene, and cyberbullying. The student is expected to:(A) identify and use digital information responsibly;(B) use digital tools responsibly;(C) identify and use valid and reliable sources of information; and(D) gain informed consent prior to investigating incidents. (4) Digital forensics skills. The student locates, processes, analyzes, and organizes data. The student is expected to:(A) identify sources of data;(B) analyze and report data collected;(C) discuss how to maintain data integrity such as by enabling encryption;(D) examine and describe metadata of a file; and(E) examine and describe how multiple data sources can be used for digital forensics, including investigating malicious software (malware) and email threats.(5) Digital forensics skills. The student understands software concepts and operations as they apply to digital forensics. The student is expected to:(A) compare software applications as they apply to digital forensics;(B) describe the purpose of various application types such as email, web, file sharing, security applications, and data concealment tools;(C) identify the different purposes of data formats such as pdf, wav, jpeg, and exe;(D) describe how application logs and metadata are used for investigations such as Security Information and Event Management (SIEM) reports;(E) describe digital forensics tools;(F) select the proper software tool based on appropriateness, effectiveness, and efficiency for a given digital forensics scenario;(G) describe components of applications such as configurations settings, data, supporting files, and user interface; and(H) describe how the "as a service" model applies to incident response.(6) Digital forensics skills. The student understands operating systems concepts and functions as they apply to digital forensics. The student is expected to:(A) compare various operating systems;(B) describe file attributes, including access and creation times;(C) describe how operating system logs are used for investigations;(D) compare and contrast the file systems of various operating systems;(E) compare various primary and secondary storage devices; and(F) differentiate between volatile and non-volatile memory.(7) Digital forensics skills. The student understands networking concepts and operations as they apply to digital forensics. The student is expected to:(A) examine networks, including Internet Protocol (IP) addressing and subnets;(B) describe the Open Systems Interconnection (OSI) model;(C) describe the Transmission Control Protocol/Internet Protocol (TCP/IP) model;(D) use network forensic analysis tools to examine network traffic data from sources such as firewalls, routers, intrusion detection systems (IDS), and remote access logs; and(E) identify malicious or suspicious network activities such as mandatory access control (MAC) spoofing and rogue wireless access points.(8) Digital forensics skills. The student explains the principles of access controls. The student is expected to:(A) define the principle of least privilege;(B) describe the impact of granting access and permissions; (C) identify different access components such as passwords, tokens, key cards, and biometric verification systems;(D) explain the value of an access log to identify suspicious activity;(E) describe the risks of granting third parties access to personal and proprietary data on social media and systems;(F) describe the risks involved with accepting Terms of Service (ToS) or End User License Agreements (EULA) without a basic understanding of the terms or agreements; and(G) identify various access control methods such as mandatory access control (MAC), attribute-based access control (ABAC), role-based access control (RBAC), and discretionary access control (DAC).(9) Incident response. The student follows a methodological approach to prepare for and respond to an incident. The student is expected to:(A) define the components of the incident response cycle, including preparation; detection and analysis; containment, eradication, and recovery; and post-incident activity;(B) describe incident response preparation;(C) discuss incident response detection and analysis;(D) discuss containment and eradication of and recovery from an incident;(E) describe post-incident activities such as reflecting on lessons learned, using collected incident data, and retaining evidence of an incident;(F) develop an incident response plan; and(G) describe ways a user may compromise the validity of existing evidence.(10) Incident response. The student objectively analyzes collected data from an incident. The student is expected to:(A) identify the role of chain of custody in digital forensics;(B) describe safe data handling procedures;(C) explain the fundamental concepts of confidentiality, integrity, availability, authentication, and authorization;(D) identify and report information conflicts or suspicious activity;(E) identify events of interest and suspicious activity by examining network traffic; and(F) identify events of interest and suspicious activity by examining event logs.(11) Incident response. The student analyzes the various ways systems can be compromised. The student is expected to:(A) analyze the different signatures of cyberattacks;(B) identify points of weakness and attack vectors such as online spoofing, phishing, and social engineering; and(C) differentiate between simple versus multistage attacks.</content><note type="source"><p>Source Note: The provisions of this §127.677 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.678"><num value="127.678">§127.678</num><heading>Cybersecurity Capstone (One Credit), Adopted 2022</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Foundations of Cybersecurity. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging foundations. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Cybersecurity is a critical discipline concerned with safeguarding computers, networks, programs, and data from unauthorized access. As a field, it has gained prominence with the expansion of a globally connected society. As computing has become more sophisticated, so too have the abilities of adversaries looking to penetrate networks and access sensitive information. Cybersecurity professionals prevent, detect, and respond to minimize disruptions to governments, organizations, and individuals.(4) In the Cybersecurity Capstone course, students will develop the knowledge and skills needed to explore advanced concepts related to the ethics, laws, and operations of cybersecurity. Students will examine trends and operations of cyberattacks, threats, and vulnerabilities. Students will develop security policies to mitigate risks. The skills obtained in this course prepare students for additional study toward industry certification. A variety of courses are available to students interested in the cybersecurity field. Cybersecurity Capstone may serve as a culminating course in this field of study.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Employability skills. The student identifies various employment opportunities in the cybersecurity field. The student is expected to:(A) develop a personal career plan along with the education, job skills, and experience necessary to achieve career goals;(B) develop a resume or a portfolio appropriate to a chosen career plan; and(C) demonstrate interview skills for successful job placement.(2) Ethics and laws. The student evaluates ethical and current legal standards, rights, and restrictions governing technology, technology systems, digital media and information technology, and the use of social media in the context of today's society. The student is expected to:(A) analyze and apply to a scenario local, state, national, and international cybersecurity laws such as David's Law and Digital Millennium Copyright Act;(B) evaluate noteworthy incidents or events regarding cybersecurity; and(C) evaluate compliance requirements such as Section 508 of the Rehabilitation Act of 1973, Family Educational Rights and Privacy Act of 1974 (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm-Leach-Bliley Act (GLBA), and Cybersecurity Maturity Model Certification (CMMC).(3) Digital citizenship. The student understands and demonstrates the social responsibility of end users regarding significant issues relating to digital technology, safety, digital hygiene, and cyberbullying. The student is expected to:(A) debate the relationship between privacy and security; and(B) differentiate between ethical and unethical behavior when presented with various scenarios related to cybersecurity activities. (4) Cybersecurity skills. The student simulates the process of penetration testing. The student is expected to:(A) illustrate the phases of penetration testing, including plan, discover, attack, and report;(B) design a plan to gain authorization for penetration testing;(C) evaluate commonly used vulnerability scanning tools such as port scanning, packet sniffing, and password crackers;(D) develop a list of exploits based on results of scanning tool reports; and(E) prioritize a list of mitigations based on results of scanning tool reports.(5) Cybersecurity skills. The student understands common cryptographic methods. The student is expected to:(A) evaluate symmetric and asymmetric algorithms such as substitution cipher, Advanced Encryption Standard (AES), Diffie-Hellman, and Rivest-Shamir-Adleman (RSA);(B) interpret the purpose of hashing algorithms, including blockchain;(C) demonstrate password salting;(D) explain and create a digital signature; and(E) illustrate steganography.(6) Cybersecurity skills. The student understands the concept of system defense. The student is expected to:(A) explain the purpose of establishing system baselines;(B) evaluate the role of physical security;(C) evaluate the functions of network security devices such as firewalls, intrusion detection systems (IDS), intrusion prevention systems (IPS), intrusion detection prevention systems (IDPS), and security information and event management (SIEM) systems;(D) analyze log files for anomalies; and(E) develop a plan demonstrating the concept of defense in depth.(7) Cybersecurity skills. The student demonstrates an understanding of secure network design. The student is expected to:(A) explain the benefits of network segmentation, including sandboxes, air gaps, and virtual local area networks (VLAN);(B) investigate and discuss the role of software-managed networks, including virtualization and cloud architecture;(C) evaluate the role of honeypots and honeynets in networks; and(D) create an incoming and outgoing network policy for a firewall.(8) Cybersecurity skills. The student integrates principles of digital forensics. The student is expected to:(A) identify cyberattacks by their signatures, indicators, or patterns;(B) explain proper data acquisition;(C) examine evidence from devices for suspicious activities; and(D) critique current cybercrime cases involving digital forensics.(9) Cybersecurity skills. The student explores expanding and emerging technology. The student is expected to:(A) describe the concept of Security as a Service and the role of managed security service providers (MSSP);(B) describe the integration of artificial intelligence and machine learning in cybersecurity;(C) investigate impacts made by predictive analytics on cybersecurity; and(D) research and investigate other emerging trends such as augmented reality and quantum computing.(10) Cybersecurity skills. The student uses various operating system environments. The student is expected to:(A) select and execute appropriate commands via the command line interface (CLI) such as ls, cd, pwd, cp, mv, chmod, ps, sudo, and passwd;(B) describe the file system structure for multiple operating systems;(C) manipulate and edit files within the CLI; and(D) determine network status using the CLI with commands such as ping, ifconfig/ipconfig, traceroute/tracert, and netstat.(11) Cybersecurity skills. The student clearly and effectively communicates technical information. The student is expected to:(A) collaborate with others to create a technical report;(B) create, review, and edit a report summarizing technical findings; and(C) present technical information to a non-technical audience.(12) Risk assessment. The student understands risk and how risk assessment and risk management defend against attacks. The student is expected to:(A) differentiate types of attacks, including operating systems, software, hardware, network, physical, social engineering, and cryptographic;(B) explain blended threats such as combinations of software, hardware, network, physical, social engineering, and cryptographic; (C) discuss types of risk, including business, operational, security, and financial;(D) discuss risk response techniques, including accept, transfer, avoid, and mitigate;(E) develop a plan of preventative measures based on discovered vulnerabilities and the likelihood of a cyberattack;(F) identify and discuss common vulnerability disclosure websites;(G) describe common web vulnerabilities such as cross-site scripting, buffer overflow, injection, spoofing, and denial of service;(H) describe common data destruction and media sanitation practices such as wiping, shredding, and degaussing; and(I) develop an incident response plan for a given scenario or attack.(13) Risk assessment. The student understands risk management processes and concepts. The student is expected to:(A) describe Zero Trust, least privilege, and various access control methods such as mandatory access control (MAC), role-based access control (RBAC), and discretionary access control (DAC);(B) develop and defend a plan for multi-factor access control using components such as biometric verification systems, key cards, tokens, and passwords; and(C) review and appraise a disaster recovery plan (DRP) that includes backups, redundancies, system dependencies, and alternate sites.(14) Risk assessment. The student investigates the role and effectiveness of environmental controls. The student is expected to:(A) explain commonly used physical security controls, including lock types, fences, barricades, security doors, and mantraps; and(B) describe the role of embedded systems such as fire suppression; heating, ventilation, and air conditioning (HVAC) systems; security alarms; and video monitoring.</content><note type="source"><p>Source Note: The provisions of this §127.678 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.679"><num value="127.679">§127.679</num><heading>Computer Maintenance (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Information Technology. Recommended corequisite: Computer Maintenance Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Computer Maintenance, students will acquire knowledge of computer maintenance and creating appropriate documentation. Students will analyze the social responsibility of business and industry regarding the significant issues relating to the environment, ethics, health, safety, and diversity in society and in the workplace as related to computer maintenance. Students will apply technical skills to address the IT industry and emerging technologies.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills. (1) The student identifies various employment opportunities in the IT field. The student is expected to:(A) identify job opportunities and accompanying job duties and tasks; and(B) examine the role of certifications, resumes, and portfolios in the IT profession.(2) The student applies academic skills to the requirements of computer technologies. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures such as fellow workers, management, and customers; and(B) interpret appropriate documentation such as schematics, drawings, charts, diagrams, technical manuals, and bulletins.(3) The student acquires an understanding of computer hardware technologies. The student is expected to:(A) explain the fundamentals of microprocessor theory;(B) define the use of Boolean and Binary logic in computer technologies;(C) explain the theories of magnetism, electricity, and electronics as related to computer technologies;(D) explain proper troubleshooting techniques as related to computer hardware;(E) differentiate among digital and analog input and output electronics theory;(F) explain the relationships relative to data-communications theory;(G) describe the architecture of various computer systems; (H) describe the function of computer components such as central processing units, storage devices, and peripheral devices;(I) explain computer system environmental requirements and related control devices; and(J) identify new and emerging technologies that may affect the field of computer technology.(4) The student uses hardware design, operation, and maintenance knowledge and skills to identify major computer components. The student is expected to:(A) identify the purpose and function of computer components in the operation of the computer system such as central processing unit, mother board, sockets, chipsets, basic input and output system and their drivers, memory, hard drive technologies, video cards, input and output devices and ports, and modem and network interface cards (NIC);(B) identify how mobile devices such as personal data assistants and cell phones operate;(C) identify how mobile devices such as personal data assistants and cell phones connect and share data;(D) demonstrate an understanding of the rationale behind error messages and symptoms of hardware failures;(E) research interrupt sequences and beep codes; and(F) identify priorities and interrupts at the system level.(5) The student acquires knowledge of operating system design, including operation and maintenance. The student is expected to:(A) explain the fundamentals of an operating system;(B) compare and contrast different operating systems; and(C) identify the operating systems of mobile devices.(6) The student acquires knowledge of the theory behind the installation, configuration of software programs, and updates in IT systems. The student is expected to:(A) identify the operational features and proper terminology related to computer software systems;(B) evaluate application software packages;(C) verify that software is properly licensed prior to installation;(D) differentiate between types of software such as Software as a Service, single-user, per-seat, enterprise, freeware, shareware, and open-source licensing; and(E) explain proper troubleshooting techniques related to computer software.(7) The student acquires knowledge of the installation and configuration of network connections. The student is expected to:(A) explain the fundamentals of network connections and interface requirements;(B) explain the steps required to install and configure a computer on a network; and(C) identify the steps to troubleshoot network connectivity.</content><note type="source"><p>Source Note: The provisions of this §127.679 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.680"><num value="127.680">§127.680</num><heading>Computer Maintenance Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Information Technology. Corequisite: Computer Maintenance. This course must be taken concurrently with Computer Maintenance and may not be taken as a stand-alone course. Districts are encouraged to offer this course in a consecutive block with Computer Maintenance to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course. (c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Computer Maintenance Lab, students will acquire knowledge of computer maintenance and creating appropriate documentation. Students will analyze the social responsibility of business and industry regarding the significant issues relating to the environment, ethics, health, safety, and diversity in society and in the workplace as related to computer maintenance. Students will apply technical skills to address the IT industry and emerging technologies.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) demonstrate work behaviors that enhance employability and job advancement such as regular attendance, promptness, attention to proper attire, maintenance of a clean and safe work environment, appropriate voice, and pride in work;(B) demonstrate positive personal qualities such as flexibility, open mindedness, initiative, listening attentively to speakers, and willingness to learn new skills;(C) employ effective reading and writing skills;(D) employ effective verbal and nonverbal communication skills;(E) solve problems and think critically;(F) demonstrate leadership skills and function effectively as a team member;(G) identify and implement proper safety procedures;(H) demonstrate an understanding of legal and ethical responsibilities in relation to the field of IT; and(I) demonstrate planning and time-management skills such as project management, including initiating, planning, executing, monitoring and controlling, and closing a project.(2) The student applies academic skills to the requirements of computer technologies. The student is expected to:(A) complete work orders for repair and installation;(B) estimate supplies, materials, and labor costs for installation, maintenance, and repair work orders; and(C) locate and interpret appropriate documentation such as schematics, drawings, charts, diagrams, technical manuals, and bulletins.(3) The student demonstrates the proper function and application of the tools, equipment, and materials used in computer technologies. The student is expected to:(A) demonstrate safe use of equipment in computer technologies such as hand and power tools;(B) employ available reference documentation such as tools, materials, and Internet sources to access information as needed;(C) demonstrate proper handling and disposal of environmentally hazardous materials used in computer technologies; and(D) research new and emerging technologies that may affect the field of computer technology.(4) The student applies the concepts and skills of the trade in simulated work situations. The student is expected to:(A) use electronic test equipment to measure current, voltage, power, and resistance;(B) describe digital circuits and bus design;(C) demonstrate the operational features and proper terminology related to computer systems;(D) demonstrate proper usage of the various components of a computer system such as the central processor, basic input and output system, read-only memory, and random access memory; and(E) troubleshoot computer peripheral devices.(5) The student uses hardware design, operation, and maintenance knowledge and skills to identify major computer components. The student is expected to:(A) assemble and install a basic computer system; and(B) install and configure computer components such as printers and other peripherals.(6) The student uses troubleshooting skills to solve client problems. The student is expected to:(A) diagnose error messages and symptoms of hardware failures;(B) research and identify interrupt sequences and beep codes;(C) identify priorities and interrupts at the system level;(D) test a system using diagnostic tools and software;(E) diagnose problems in operating systems;(F) differentiate between hardware and software failure;(G) update Basic Input/Output System (BIOS);(H) demonstrate hard drive maintenance procedures such as defrag scan and clear caches;(I) gather information from the user;(J) repair malfunctioning hardware systems;(K) reinstall software as needed;(L) demonstrate system backup and recovery;(M) restore a system to various states such as safe modes and previous;(N) demonstrate knowledge of operating system design such as operation and maintenance; and(O) apply knowledge of operating system design to perform information support and service tasks of different operating systems.(7) The student installs and configures software programs and updates IT systems. The student is expected to:(A) evaluate application software packages and test the functionality of a proposed software configuration;(B) verify software is properly licensed prior to installation; (C) install application and systems software using available resources as needed;(D) resolve problems with installation if any occur such as recovery from system error;(E) perform software customization as requested;(F) document all procedures; and(G) install and maintain security software.(8) The student installs, configures, and verifies active network connection. The student is expected to:(A) demonstrate an understanding of network connection and interface requirements;(B) install and configure a computer on a network; and(C) verify and troubleshoot network connectivity.(9) The student provides support to computer users to maintain service. The student is expected to:(A) develop a written disaster recovery plan; and(B) develop a written preventive maintenance plan.</content><note type="source"><p>Source Note: The provisions of this §127.680 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.681"><num value="127.681">§127.681</num><heading>Networking (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Information Technology, Computer Maintenance, and Computer Maintenance Lab. Recommended corequisite: Networking Lab. Students shall be awarded one credit for successful completion of this course. (c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Networking, students will develop knowledge of the concepts and skills related to data networking technologies and practices in order to apply them to personal or career development. To prepare for success, students will have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student identifies various employment opportunities in the IT field. The student is expected to:(A) select and research a specific job area with its accompanying duties and tasks;(B) formulate a personal career plan along with the education, job skills, and experience necessary to achieve career goals; and(C) develop a resume.(2) The student relates core academic skills to the requirements of telecommunications and data network services. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures such as fellow workers, management, and customers;(B) complete work orders for repair and installation;(C) estimate supplies, materials, and labor costs on installation, maintenance, and repair work orders; and(D) interpret technical documentation such as schematics, drawings, charts, diagrams, technical manuals, and bulletins.(3) The student acquires an understanding of telecommunications and data network services. The student is expected to:(A) explain digital and analog electronics theory;(B) demonstrate knowledge of binary in relation to Internet Protocol (IP) addressing;(C) distinguish the differences between a data packet and voice communications;(D) define the layers and functions of the Open System Interconnection model;(E) explain Transport Control Protocol and IP fundamentals, including subnetting;(F) distinguish between public and private networks;(G) describe the standards and operations of wireless technologies in telecommunications and data networks;(H) differentiate between types of networks;(I) identify national standards for data communication; and(J) identify the potential benefits and problems for the future of telecommunications and data networking. (4) The student analyzes various types of configurations and upgrading. The student is expected to:(A) demonstrate understanding of components of telecommunications and data networks;(B) identify major network operating systems;(C) distinguish between different types of cables used in the telecommunications and data networking;(D) describe telecommunications and data networking media and connectors;(E) differentiate among computer network topologies;(F) explain the distinction between connectionless and connection transport;(G) explain the use of Transport Control Protocol and IP utilities;(H) explain how to test, validate, and troubleshoot IP connectivity; and(I) identify good practices to ensure network security.(5) The student recognizes and recommends the various types of network components to address industry needs. The student is expected to:(A) analyze various types and components of networks; and(B) analyze the characteristics of networks to select the optimum configuration for an industry solution.(6) The student develops a network design plan. The student is expected to:(A) produce planning documentation required prior to network implementation;(B) explain the impact of environmental factors on computer networks;(C) identify common peripheral ports and common network components such as hubs, routers, and switches;(D) develop an addressing scheme, including a subnetting chart;(E) specify the tools that are commonly used to resolve network equipment problems;(F) identify vendor testing documentation such as patches, fixes, and upgrades;(G) demonstrate standard backup procedures and backup media storage practices; and(H) identify the factors that might affect performance in a network environment such as logic or frequency spectrum interference. (7) The student provides support to computer users to maintain service. The student is expected to:(A) develop a written disaster recovery plan; and(B) develop a written preventive maintenance plan.</content><note type="source"><p>Source Note: The provisions of this §127.681 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.682"><num value="127.682">§127.682</num><heading>Networking Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Information Technology, Computer Maintenance, and Computer Maintenance Lab. Corequisite: Networking. This course must be taken concurrently with Networking and may not be taken as a stand-alone course. Districts are encouraged to offer this course in a consecutive block with Networking to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course. (c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Networking Lab, students will develop knowledge of the concepts and skills related to telecommunications and data networking technologies and practices in order to apply them to personal or career development. To prepare for success, students must have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and demonstrate work behaviors that enhance employability and job advancement such as regular attendance, promptness, attention to proper attire, maintenance of a clean and safe work environment, appropriate voice, and pride in work;(B) identify and demonstrate positive personal qualities such as flexibility, open-mindedness, initiative, listening attentively to speakers, and willingness to learn new knowledge and skills;(C) employ effective reading and writing skills;(D) employ effective verbal and nonverbal communication skills;(E) solve problems and think critically;(F) demonstrate leadership skills and function effectively as a team member;(G) identify and implement proper safety procedures;(H) demonstrate an understanding of legal and ethical responsibilities in relation to the field of IT; and(I) demonstrate planning and time-management skills such as project management, including initiating, planning, executing, monitoring and controlling, and closing a project.(2) The student identifies various employment opportunities in the IT field. The student is expected to:(A) select and research a specific job area with its accompanying duties and tasks;(B) formulate a personal career plan along with the education, job skills, and experience necessary to achieve career goals; and(C) develop a resume.(3) The student applies related core academic skills to the requirements of telecommunications and data network services. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures such as fellow workers, management, and customers;(B) complete work orders for repair and installation;(C) estimate supplies, materials, and labor costs on installation, maintenance, and repair work orders; and(D) interpret technical documentation such as schematics, drawings, charts, diagrams, technical manuals, and bulletins.(4) The student recognizes and recommends the various types of network components to address industry needs. The student is expected to:(A) analyze various types and components of networks;(B) use knowledge of the characteristics of networks to select the optimum configuration for an industry solution; and(C) recommend data network solutions based on scenario-driven problems.(5) The student develops a network design plan. The student is expected to:(A) produce necessary documentation required prior to network implementation such as administrative and test accounts, passwords, Internet Protocol addressing, and configurations;(B) analyze the impact of environmental factors on computer networks;(C) indicate common peripheral ports and common network components;(D) develop an addressing scheme, including a subnetting chart;(E) specify the tools that are commonly used to resolve network equipment problems;(F) identify vendor testing documentation such as patches, fixes, and upgrades;(G) demonstrate awareness of standard backup procedures and backup media storage practices;(H) distinguish between common types of telecommunications and data network cabling;(I) identify the factors that might affect performance in a network environment such as logic or frequency spectrum interference; and(J) research new and emerging technologies that may affect the field of telecommunications and data networking services.(6) The student implements a data network plan. The student is expected to:(A) demonstrate awareness of compatibility and cabling issues;(B) implement an addressing scheme, including a subnet;(C) install various types of data connectors and cabling used in computer networking and data communications;(D) connect various types of data connectors and cabling used in computer networking and data communications;(E) troubleshoot physical and logical indicators of trouble;(F) employ a systematic approach to identify a network problem, distinguish between operator or system error, and select the appropriate steps to correct the error;(G) determine the cause of a problem and select the appropriate corrective action for the network problem; and(H) maintain a hierarchical structure for the storing and organizing of data on networks.(7) The student implements network security systems. The student is expected to:(A) assess potential security threats to information systems;(B) identify the range of security needs and the problems that can occur on a data network due to security lapses;(C) define and identify unethical practices such as hacking, phone fraud, online piracy, and data vandalism;(D) evaluate issues related to privacy, depersonalization, and government control of data communications;(E) develop and implement a network security plan; and(F) identify the role that network components such as routers, firewalls, intrusion detection systems, and virtual private networks play in security.(8) The student knows the function and application of the tools, equipment, technologies, and materials used in telecommunications services. The student is expected to:(A) demonstrate safe use of equipment commonly employed in telecommunications services such as hand and power tools; and(B) demonstrate proper handling and disposal of environmentally hazardous materials used in telecommunications services.(9) The student provides support to computer users to maintain service. The student is expected to:(A) develop a written disaster recovery plan; and(B) develop a written preventive maintenance plan.</content><note type="source"><p>Source Note: The provisions of this §127.682 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.683"><num value="127.683">§127.683</num><heading>Digital Media (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Digital Media, students will analyze and assess current and emerging technologies, while designing and creating multimedia projects that address customer needs and resolve a problem. Students will implement personal and interpersonal skills to prepare for a rapidly evolving workplace environment. The knowledge and skills acquired and practiced will enable students to successfully perform and interact in a technology-driven society. Students will enhance reading, writing, computing, communication, and critical thinking and apply them to the IT environment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student identifies employment opportunities in the IT field with a focus in the area of digital media. The student is expected to:(A) identify job opportunities and accompanying job duties and tasks;(B) research careers of personal interest along with the education, job skills, and experience required to achieve personal career goals;(C) demonstrate an understanding of the functions of resumes and portfolios; and(D) create a digital portfolio.(2) The student uses emerging technologies to exchange and gather information and resources. The student is expected to:(A) collaborate using various electronic technologies such as email, blogs, chat rooms, discussion threads, social media, podcasting, and wikis;(B) demonstrate appropriate search strategies for finding resources or assets on the Internet;(C) discuss recent digital media technologies; and(D) evaluate and select appropriate software for the development of projects.(3) The student complies with standard practices and behaviors that meet legal and ethical responsibilities. The student is expected to:(A) explain and demonstrate ethical use of technology and online resources;(B) compare and contrast fair use, open source, and creative commons;(C) adhere to intellectual property laws and regulations;(D) differentiate between copyright and trademarks;(E) explain the concept of intellectual property laws, including copyright, trademarks, and patents and consequences of violating each type of law;(F) define and identify unethical practices such as hacking, online piracy, and data vandalism;(G) demonstrate ethical use of Internet and online resources, including citation of source; and(H) describe the function of a non-disclosure agreement and intellectual property agreement.(4) The student analyzes and applies design and layout principles in digital media. The student is expected to:(A) compare and contrast printed and digital communications products that demonstrate appropriate and inappropriate use of design and layout principles;(B) identify and apply perspective such as backgrounds, light, shades, shadows, and scale to capture a focal point and create depth;(C) identify and apply principles of proportion, balance, variety, emphasis, harmony, symmetry, unity, and repetition in type, color, size, line thickness, shape, and space;(D) identify and apply three-dimensional effects such as foreground, middle distance, and background images;(E) identify and apply concepts of typography;(F) identify and apply color theory; and(G) create and improve digital products by applying the appropriate design and layout principles. (5) The student designs and creates digital graphics. The student is expected to:(A) compare and contrast the characteristics of raster-based bitmap graphics and vector-based graphics;(B) create and modify digital graphics using appropriate vector-based and raster-based software following standard design principles; (C) export and set graphics to be used in both print and digital formats;(D) demonstrate knowledge of graphic resolution, file size, file formats, and file management;(E) determine the type of data stored in a file based on its file extension and select appropriate software to modify, create, and view the file; and(F) differentiate between the color mode selections in determining product output. (6) The student demonstrates appropriate use of digital photography equipment and techniques. The student is expected to:(A) demonstrate proper use of safety procedures while using digital photography equipment;(B) capture still shot images using digital photography equipment incorporating various photo composition techniques such as lighting, perspective, candid versus posed, rule of thirds, and level of horizon;(C) transfer still shot images from equipment to the computer; and(D) demonstrate photographic enhancement techniques such as feathering, layering, masking, and color enhancement using appropriate photo editing software.(7) The student demonstrates appropriate use of video equipment and techniques. The student is expected to:(A) demonstrate proper use of safety procedures while using digital video equipment;(B) demonstrate proper use of terminology in relation to video technology;(C) demonstrate proper ethics in the use of digital video photography equipment to capture video images;(D) transfer video images from equipment to the computer;(E) apply videographic enhancement and editing techniques such as panning, transitioning, zooming, content editing, and synchronizing audio and video using appropriate digital manipulation software; and(F) export video files in digital formats to be used in various delivery systems such as podcasts, downloadable media, social media, and streaming video.(8) The student demonstrates appropriate use of audio equipment and techniques. The student is expected to:(A) demonstrate proper use of safety procedures while using digital audio equipment;(B) demonstrate proper use of terminology and concepts in relation to audio technology;(C) demonstrate proper use of digital audio equipment to capture audio files;(D) transfer audio files from equipment to the computer;(E) demonstrate proper use of audio editing software such as adding effects, fading, volume control, and manipulation of waveforms using appropriate digital manipulation software; and(F) export audio files to be used in digital formats in various delivery systems such as podcasts, downloadable files, social media, and streaming video.(9) The student demonstrates appropriate use of animation. The student is expected to:(A) plan and create a linear and non-linear animation using accepted standards such as design principles, frames and key frames, integration of audio into an animation, and user interactive controls;(B) deploy animation to be used in various digital formats and on various video animation players; and(C) create an interactive animation. (10) The student demonstrates appropriate project management in the creation of digital media projects. The student is expected to:(A) initiate a project, including identifying the purpose, audience, and audience needs for design plans;(B) develop a plan for a media project such as a storyboard and stage development and identify equipment and resources;(C) execute and monitor and control a project along its timeline and make suggested revisions until completion of the project; and(D) close a project, including identifying lessons learned.(11) The student deploys digital media into print, web-based, and video products. The student is expected to:(A) incorporate video, audio, text, graphics, and animations into a web page;(B) incorporate various digital media products into an electronic document such as a newsletter, social media outlet, poster, or report; and(C) incorporate various digital media products into an interactive product such as an animation, computer program, simulation, interactive website, or application.</content><note type="source"><p>Source Note: The provisions of this §127.683 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.684"><num value="127.684">§127.684</num><heading>Web Communications (One-Half Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one-half credit for successful completion of this course. This course is recommended for students in Grade 9.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Web Communications, students will acquire knowledge of web communications and technological operations and concepts. This is an exploratory course in web communications. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates creative thinking, constructs knowledge, and develops innovative products and processes using technology. The student is expected to:(A) demonstrate proficiency in the use of local and online collaboration;(B) create websites using web editors or web authoring programs;(C) evaluate the accessibility and usability of original websites; and(D) conceptualize possible technologies based on current technical trends.(2) Communication and collaboration. The student uses digital technology to work collaboratively toward his or her own learning and the learning of others. The student is expected to:(A) analyze and implement the proper and acceptable use of digital/virtual communications technologies such as instant messaging (IM), chat, email, and social networking;(B) define and implement the acquisition, sharing, and use of files taking into consideration primary ownership and copyright; (C) apply decisions regarding the selection, acquisition, and sharing of uniform resource locators (URLs) used in research, taking into consideration their quality, appropriateness, and effectiveness; and(D) solve problems using critical-thinking strategies.(3) Research and information fluency. The student applies digital tools to gather, evaluate, and use information. The student is expected to:(A) verify the accuracy, validity, and currency of acquired information;(B) conduct effective searches using Boolean operators;(C) acquire and use appropriate vocabulary terms;(D) cite sources appropriately using established methods;(E) model ethical and legal acquisition of digital information following guidelines in the student code of conduct, including plagiarism and copyright laws;(F) identify and discuss emerging technologies and their impact;(G) understand Internet history and structure and how they impact current use; and(H) demonstrate appropriate use of grammar, spelling, and vocabulary when creating original work.(4) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) demonstrate the transfer and adaptation of knowledge through the creation of original work;(B) evaluate and implement security measures such as firewalls and Hypertext Transfer Protocol Secure (HTTPS) to protect original work;(C) analyze and follow timelines needed to create, edit, and present original work;(D) verify current licensing issues for software being used for the creation of original work;(E) identify and evaluate the design and functionality of web pages using rubrics;(F) optimize web information for fast download such as dial-up and high-speed Internet and mobile devices; and(G) evaluate original work through self-, peer, and professional review of websites.(5) Digital citizenship. The student understands human, cultural, and societal issues related to technology and practices legal and ethical behavior. The student is expected to:(A) engage in online activities that follow appropriate behavioral, communication, and privacy guidelines, including ethics, personal security, and verbiage determined by the intended audience;(B) understand the negative impact of inappropriate technology use, including online bullying and harassment;(C) implement online security guidelines, including identity protection, limited personal information sharing, and password protection of a secure website; and(D) advocate and practice safe, legal, and responsible use of information and technology.(6) Technology operations and concepts. The student demonstrates a sound understanding of technology concepts, systems, and operations. The student is expected to:(A) demonstrate knowledge of hardware such as scanners, cameras, printers, video cameras, and external hard drives;(B) identify the parts of a computer and explain their functions;(C) summarize the need, functionality, and use of servers; (D) identify the advantages and disadvantages of running a personal web server versus using a web server provider;(E) differentiate and appropriately use various input, processing, output, and primary/secondary storage devices;(F) create and implement universally accessible documents; (G) analyze bandwidth issues as they relate to audience, servers, connectivity, and cost;(H) establish a folder/directory hierarchy for storage of a web page and its related or linked files;(I) follow file and folder naming conventions, including spacing, special characters, and capitalization; and(J) identify basic design principles when creating a website.</content><note type="source"><p>Source Note: The provisions of this §127.684 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.685"><num value="127.685">§127.685</num><heading>Web Design (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 9-12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Web Design students will acquire knowledge of web design and technological operations and concepts that support creativity, innovation, collaboration, information fluency, critical thinking and decision making. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates creative thinking, constructs knowledge, and develops innovative products and processes using technology. The student is expected to:(A) demonstrate proficiency in local and online collaboration; (B) create a website using web editors and web authoring programs;(C) evaluate the accessibility and usability of an original website as it relates to a target audience;(D) conceptualize new possible technologies based on current technical trends;(E) analyze the use of virtualization such as virtual classrooms, distance learning, virtual storage, and a virtual operating system;(F) demonstrate knowledge and appropriate use of operating systems, software applications, and communication and networking components; and(G) make decisions regarding the selection, acquisition, and use of software, taking into consideration its quality, appropriateness, effectiveness, and efficiency.(2) Communication and collaboration. The student uses digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning experience of others. The student is expected to:(A) analyze and implement the proper and acceptable use of digital/virtual communications technologies such as instant messaging (IM), chat, email, and social networking;(B) define and implement the acquisition, sharing, and use of files, taking into consideration their primary ownership and copyright;(C) apply decisions regarding the selection, acquisition, and sharing of uniform resource locators (URLs) used in research, taking into consideration their quality, appropriateness, and effectiveness; (D) solve problems using critical-thinking strategies; and(E) compare, evaluate, and implement the use of wired versus wireless access.(3) Research and information fluency. The student applies digital tools to gather, evaluate, and use information. The student is expected to:(A) verify the accuracy, validity, and currency of acquired information;(B) conduct effective searches with Boolean operators;(C) acquire and use appropriate vocabulary terms;(D) cite sources appropriately using established methods;(E) model ethical and legal acquisition of digital information following guidelines in the student code of conduct, including plagiarism and copyright laws;(F) identify and discuss emerging technologies and their impact;(G) understand Internet history and structure and how they impact current use;(H) demonstrate appropriate use of grammar, spelling, and vocabulary when creating original work;(I) acquire, evaluate, and use various web standards such as World Wide Web Consortium (W3C), Ecma International, and Internet Corporation for Assigned Names and Numbers (ICANN) to make informed decisions and implement standards in original work;(J) understand, analyze, and use interactive websites;(K) understand, evaluate, and determine the appropriate use of dynamic and static websites;(L) understand, evaluate, and determine the appropriate use of open/closed source file formats and software;(M) explain and demonstrate how search engines work such as advanced options, preferences, advertising, and search categories; (N) evaluate, create, and apply principles of project management, including web storyboards, site maps, job duties, time constraints, group dynamics, communication interaction, and project completion, evaluation, and feedback;(O) understand the use and application of a virtual private network (VPN);(P) distinguish among protocols, including Hypertext Transfer Protocol (HTTP) and File Transfer Protocol (FTP);(Q) summarize the technical needs of a World Wide Web server, including random access memory (RAM), hard disk capacity, central processing unit (CPU) speed, busses, methods of connectivity, and appropriate software;(R) demonstrate proficiency in the use of a variety of electronic input devices such as keyboard, scanner, voice/sound recorder, mouse, touch screen, or digital video by incorporating such components while publishing web pages;(S) demonstrate proper digital etiquette and knowledge of acceptable use policies when using networks, especially resources on the Internet and intranets;(T) demonstrate proficiency in and appropriate use and navigation of local area networks (LANs), wide area networks (WANs), the Internet, and intranets for research and resource sharing;(U) construct appropriate search strategies in the acquisition of information from the Internet, including keyword searches and searches with Boolean operators; and(V) acquire information in electronic formats, including text, audio, video, and graphics, citing the source.(4) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) demonstrate the transfer and adaptation of knowledge through the creation of original work;(B) evaluate and implement security measures to protect original work such as firewalls and Hypertext Transfer Protocol Secure (HTTPS);(C) analyze and follow timelines needed to create, edit, and present original work;(D) verify current licensing issues for software being used for the creation of original work;(E) identify and evaluate the design and functionality of web pages using rubrics;(F) optimize web information for fast download such as dial-up and high-speed Internet and mobile devices;(G) evaluate original work through self-, peer, and professional review of websites;(H) evaluate the types, functions, and target audiences of websites;(I) read, use, and develop technical documents;(J) analyze, examine, assess, and decide on servers as they relate to the management of a website;(K) analyze, examine, assess, and decide on a web host;(L) analyze, examine, assess, and decide on domain name acquisition and retention;(M) evaluate the functionality of a website such as color scheme, grammar, technological constraints, age appropriateness, cross-platform usability, and user relevant criteria as it relates to an intended audience;(N) identify software file formats and their characteristics and appropriate use;(O) identify and apply search engine optimization (SEO) to ensure optimal website visibility;(P) investigate and choose electronic security methods for a web server to protect from unauthorized access and negative intentions; and(Q) draw conclusions from data gathered from electronic and telecommunication resources.(5) Digital citizenship. The student understands human, cultural, and societal issues related to technology and practices legal and ethical behavior. The student is expected to:(A) engage in online activities that follow appropriate behavioral, communication, and privacy guidelines, including ethics, personal security, verbiage determined by the intended audience, and ethical use of files and file sharing;(B) understand the negative impact of inappropriate technology use, including online bullying and harassment;(C) implement online security guidelines, including identity protection, limited personal information sharing, and password protection of a secure website;(D) engage in safe, legal, and responsible use of information and technology;(E) understand and respond to local, state, national, and global issues to ensure appropriate cross-browser and cross-platform usability;(F) interpret, use, and develop a safe online shared computing environment;(G) identify legal, ethical, appropriate, and safe website marketing practices;(H) identify legal, ethical, appropriate, and safe multimedia usage, including video, audio, graphics, animation, and emerging trends;(I) analyze the impact of the World Wide Web on society through research, interviews, and personal observation; and(J) participate in relevant and meaningful activities in the larger community and society to create electronic projects.(6) Technology operations and concepts. The student demonstrates a sound understanding of technology concepts, systems, and operations. The student is expected to:(A) demonstrate knowledge of hardware, including scanners, cameras, printers, video cameras, and external hard drives;(B) identify the parts of a computer and explain its functions;(C) summarize the need for and functionality and use of servers;(D) identify the advantages and disadvantages of running a personal web server versus using a web server provider;(E) differentiate and appropriately use various input, processing, output, and primary/secondary storage devices;(F) create and implement universally accessible documents; (G) analyze bandwidth issues as related to audience, server, connectivity, and cost;(H) establish a folder/directory hierarchy for storage of a web page and its related or linked files;(I) create file and folder naming conventions to follow established guidelines, including spacing, special characters, and capitalization;(J) identify basic design principles when creating a website, including white space, color theory, background color, shape, line, proximity, unity, balance (ratio of text to white space), alignment, typography, font size, type, style, image file size, repetition, contrast, consistency, and aesthetics;(K) demonstrate knowledge of the six core domains (gov, net, com, mil, org, edu) and be familiar with new domain implementation;(L) implement escape codes, HyperText Markup Language (HTML), cascading style sheets (CSS), and JavaScript through hard coding, web editors, and web authoring programs;(M) identify and use FTP client software;(N) implement java applet insertion;(O) identify and differentiate various network topologies, including physical and logical;(P) create, evaluate, and use web-based animation;(Q) create, evaluate, and use video, including editing, compression, exporting, appropriateness, and delivery;(R) demonstrate the ability to conduct secure communications from a web server to a client; and(S) use hypertext linking appropriately when creating web pages.</content><note type="source"><p>Source Note: The provisions of this §127.685 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.686"><num value="127.686">§127.686</num><heading>Discrete Mathematics for Computer Science (One Credit), Beginning with School Year 2012-2013</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2012-2013 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: Algebra II. This course is recommended for students in Grades 11 and 12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Discrete Mathematics for Computer Science provides the tools used in most areas of computer science. Exposure to the mathematical concepts and discrete structures presented in this course is essential in order to provide an adequate foundation for further study. Discrete Mathematics for Computer Science is generally listed as a core requirement for Computer Science majors. Course topics are divided into six areas: sets, functions, and relations; basic logic; proof techniques; counting basics; graphs and trees; and discrete probability. Mathematical topics are interwoven with computer science applications to enhance the students' understanding of the introduced mathematics. Students will develop the ability to see computational problems from a mathematical perspective. Introduced to a formal system (propositional and predicate logic) upon which mathematical reasoning is based, students will acquire the necessary knowledge to read and construct mathematical arguments (proofs), understand mathematical statements (theorems), and use mathematical problem-solving tools and strategies. Students will be introduced to discrete data structures such as sets, discrete functions, and relations and graphs and trees. Students will also be introduced to discrete probability and expectations. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student develops products and generates new understanding by extending existing knowledge. The student is expected to:(A) model algorithms and real-world situations using formal tools of symbolic logic;(B) model computer science problems by using graphs and trees; and(C) calculate the probabilities of events and expectations of random variables for such problems as games of chance.(2) Communication and collaboration. The student communicates and collaborates with peers to contribute to his or her own learning and the learning of others. The student is expected to:(A) convert spoken language statements to appropriate statements in propositional logic;(B) explain basic terminology of sets, functions, and relations;(C) state the definition of the Master theorem;(D) use the context of a particular application to interpret the meaning derived when computing the permutations and combinations of a set;(E) interpret associated operations and terminology in context; and(F) define and provide examples of logical equivalence, normal forms, validity, and modus ponens/modus tollens.(3) Research and information fluency. The student locates, analyzes, processes, and organizes data. The student is expected to:(A) construct truth tables for negation, conjunction, disjunction, implication, biconditional, and bit operators; and(B) use truth tables to demonstrate propositional relations. (4) Critical thinking, problem solving, and decision making. The student uses appropriate strategies to analyze problems and design algorithms. The student is expected to:(A) analyze practical examples using appropriate models of sets, functions, and relations;(B) compare and contrast tautology, contradiction, and contingency as related to propositional equivalences;(C) compare and contrast examples and use of counterexamples, contrapositions, and contradictions;(D) describe the appropriate use and limitations of predicate logic;(E) apply formal methods of symbolic propositional and predicate logic;(F) use formal logic proofs and logical reasoning to solve problems;(G) outline the basic structure of proofs, including direct, indirect, contradiction, induction, existence, and constructive proofs;(H) compare and contrast the types of problems best satisfied by direct, indirect, contradiction, induction, existence, and constructive proofs;(I) relate mathematical induction to recursion and recursively defined structures;(J) compare and contrast weak, strong, and structural induction, including when each is most appropriately used and examples of each;(K) compare and contrast dependent and independent events;(L) use recurrence equations to analyze algorithms and other practical problems;(M) use counting techniques to analyze algorithms and other practical problems;(N) apply probability tools to solve problems; and(O) define, compare, and contrast simple graphs, multigraphs, and directed and undirected graphs using definitions, properties, and examples, including special cases.(5) Digital citizenship. The student explores and understands safety, legal, cultural, and societal issues relating to the use of technology and information. The student is expected to:(A) model ethical acquisition and use of digital information; (B) demonstrate proper digital etiquette, responsible use of software, and knowledge of acceptable use policies; and(C) investigate how the concepts of discrete mathematics are related to relevant problems and significant questions.(6) Technology operations and concepts. The student understands technology concepts, systems, and operations as they apply to computer science. The student is expected to:(A) perform operations associated with sets, functions, and relations;(B) apply basic counting principles, including cardinality and the pigeonhole principle;(C) apply appropriate precedence when using logical operators;(D) use appropriate strategies, including De Morgan's Laws, to identify propositional equivalences;(E) identify and appropriately use predicates, existential and universal quantifiers, and valid arguments;(F) identify possible applications of proofs, including evaluating algorithmic complexity;(G) state and appropriately use the product and sum rules;(H) compute permutations and combinations of a set;(I) solve a variety of basic recurrence equations;(J) apply the binomial theorem to independent events;(K) apply Bayes' theorem to dependent events;(L) demonstrate transversal methods for trees and graphs; and(M) relate graphs and trees to data structures, algorithms, and counting.</content><note type="source"><p>Source Note: The provisions of this §127.686 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.687"><num value="127.687">§127.687</num><heading>Game Programming and Design (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: Algebra I. This course is recommended for students in Grades 9-12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Game Programming and Design will foster student creativity and innovation by presenting students with opportunities to design, implement, and present meaningful programs through a variety of media. Students will collaborate with one another, their instructor, and various electronic communities to solve gaming problems. Through data analysis, students will include the identification of task requirements, plan search strategies, and use programming concepts to access, analyze, and evaluate information needed to design games. By acquiring programming knowledge and skills that support the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. Students will learn digital citizenship by researching current laws and regulations and by practicing integrity and respect. Students will create a computer game that is presented to an evaluation panel. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student develops products and generates new understanding by extending existing knowledge. The student is expected to:(A) understand the basic game design elements, including conceptual ideas, storyline, visualization, storyboard, game effects, sound elements, game play, game controls, and player tutorial;(B) create a design concept document;(C) create a storyboard;(D) demonstrate an understanding of the fundamentals of game art, including the look and feel, graphics coordinate system, basics of color, and color palettes;(E) use bitmap graphics images, including designing, creating, reading, and manipulating images;(F) create backgrounds, including solid, image, and tiled backgrounds;(G) write programs creating images using geometric shapes;(H) create games using sprites by evaluating the role of sprites, creating sprites, and managing sprites;(I) create programs using sprite sheets;(J) demonstrate an understanding of image rendering, including transparency, refresh rate, hardware acceleration, and animation; (K) find, create, and edit game audio sound effects and music; and(L) implement game sound mechanics, including playing, pausing, and looping.(2) Communication and collaboration. The student communicates and collaborates with peers to contribute to his or her own learning and the learning of others. The student is expected to:(A) design and implement procedures to set timelines for, track the progress of, and evaluate a game product;(B) seek and respond to input from peers and professionals in evaluating a game project;(C) demonstrate knowledge and appropriate use of operating systems, program development tools, and networking resources;(D) use network resources to acquire, organize, maintain, and evaluate information;(E) collaborate to research the business of games, including the roles of developer, marketing, publisher, and retail sales; and(F) demonstrate an understanding of and evaluate online technology, including online interaction and massive multiplayer games.(3) Research and information fluency. The student locates, analyzes, processes, and organizes data. The student is expected to:(A) play board games to research and collect game play data;(B) evaluate, analyze, and document game styles and playability; and(C) research the dramatic elements in games, including kinds of fun, player types, and nonlinear storytelling.(4) Critical thinking, problem solving, and decision making. The student uses appropriate strategies to analyze problems and design algorithms. The student is expected to:(A) demonstrate an understanding of the game design process, including generating ideas, brainstorming, and paper prototyping; (B) write programs using variables of different data types;(C) evaluate game rules and instructions;(D) demonstrate an understanding of the user experience by comparing rules and game-play patterns;(E) write game rules and instructions;(F) develop game software;(G) write computer game code, resolve game defects, and revise existing game code; and(H) test a finished game product by implementing sound testing techniques.(5) Digital citizenship. The student explores and understands safety, legal, cultural, and societal issues relating to the use of technology and information. The student is expected to:(A) explore intellectual property, privacy, sharing of information, copyright laws, and software licensing agreements;(B) model ethical acquisition and use of digital information; (C) demonstrate proper digital etiquette when using networks, responsible use of software, and knowledge of acceptable use policies;(D) model respect of intellectual property, including manipulating graphics, morphing graphics, editing graphics, and editing sound;(E) discuss and evaluate the social issues surrounding gaming; and(F) evaluate the cultural aspects of game design fundamentals, including rationale for games and types of games.(6) Technology operations and concepts. The student understands technology concepts, systems, and operations as they apply to game programming. The student is expected to:(A) identify basic game components, including the game engine, game play subsystems, data structures, models, and interfaces;(B) generate random numbers in a program;(C) create a program implementing conditional statements;(D) develop an appropriate data model;(E) demonstrate an understanding of and apply object-oriented game programming;(F) demonstrate an understanding of game programming essentials, including event-driven programming, communicating with messages, and device management;(G) demonstrate an understanding of the role of game events, the animation loop, and game timing;(H) demonstrate an understanding of the role of game engines;(I) demonstrate an understanding of video display flicker and double buffering;(J) apply basic game screen design and layout, including visual controls, user interfaces, menus, and options;(K) use game control design to understand, access, and control input devices, including keyboard, mouse, and joystick;(L) demonstrate an understanding of and apply game animation, including the principles of animation and frame-based animation; (M) demonstrate an understanding of decision making and types of decisions;(N) demonstrate an understanding of game events, including listeners, triggers, and timed events;(O) demonstrate an understanding of and implement collision detection, including bounding boxes and sprite collisions;(P) implement a tile-based game, including loading tile maps, drawing tile maps, rendering a tile map, and layering sprites; (Q) demonstrate an understanding of artificial intelligence and develop and implement artificial intelligence;(R) demonstrate an understanding of game balance and tuning; and(S) demonstrate an understanding of player progression, including leveling, linear progression, and maintaining high score data.</content><note type="source"><p>Source Note: The provisions of this §127.687 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.688"><num value="127.688">§127.688</num><heading>Mobile Application Development (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Prerequisite: Algebra I. This course is recommended for students in Grades 9-12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) Mobile Application Development will foster students' creativity and innovation by presenting opportunities to design, implement, and deliver meaningful projects using mobile computing devices. Students will collaborate with one another, their instructor, and various electronic communities to solve problems presented throughout the course. Through data analysis, students will identify task requirements, plan search strategies, and use software development concepts to access, analyze, and evaluate information needed to program mobile devices. By using software design knowledge and skills that support the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. Students will learn digital citizenship by researching current laws and regulations and by practicing integrity and respect. Students will gain an understanding of the principles of mobile application development through the study of development platforms, programming languages, and software design standards. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student develops products and generates new understanding by extending existing knowledge. The student is expected to:(A) create effective user interfaces appropriate for a specified mobile device that is best suited for an identified purpose;(B) create effective user interfaces for browser-based, native, and hybrid mobile applications;(C) create mobile application components appropriate for identified needs;(D) create browser-based applications for mobile devices;(E) create native applications that can reside on specified mobile devices; and(F) create mobile applications that combine native and hybrid components.(2) Communication and collaboration. The student communicates and collaborates with peers to contribute to his or her own learning and the learning of others. The student is expected to:(A) demonstrate an understanding of and discuss how teams function;(B) use teamwork to solve problems;(C) describe the development workflow of mobile applications; (D) use time-management techniques to develop and maintain work schedules, meet deadlines, and establish mobile application project criteria;(E) describe a problem solution; and(F) document and share problem solutions through various media.(3) Research and information fluency. The student locates, analyzes, processes, and organizes data. The student is expected to:(A) analyze, identify, and describe mobile application project stakeholders and their perspectives;(B) collect and analyze available data to identify mobile application project requirements;(C) analyze, identify, and describe input, output, and processing requirements; and(D) analyze, identify, and define hardware and software specifications.(4) Critical thinking, problem solving, and decision making. The student uses appropriate strategies to analyze problems and design algorithms. The student is expected to:(A) compare and contrast design decisions based on the hardware considerations of a mobile device;(B) compare and contrast available mobile technologies, including platforms and their operating systems;(C) compare and contrast available development approaches, including application to specific technologies and platforms;(D) determine the most appropriate solution for the development of a given mobile application, including browser-based, native, and hybrid approaches;(E) compare and contrast available programming languages and how their use might be applied to specific technologies and platforms; (F) identify and justify the selection of an appropriate programming language, including available resources and required interfaces; (G) select an appropriate program development environment; (H) identify and use available libraries;(I) evaluate and justify the selection of appropriate options and components;(J) compare and contrast available networks and their implications for mobile application development; and(K) compare and contrast design strategies related to mobile network and device security.(5) Digital citizenship. The student explores and understands safety, legal, cultural, and societal issues relating to the use of technology and information. The student is expected to:(A) discuss copyright laws and issues;(B) model ethical acquisition and use of digital information; (C) cite sources using established methods;(D) demonstrate proper digital etiquette and knowledge of acceptable use policies;(E) investigate mobile device security measures such as passwords, virus detection, and virus prevention;(F) describe potential risks and benefits associated with the use of a mobile application;(G) identify current and emerging technologies related to mobile applications; and(H) evaluate technologies and assess their applicability to current mobile applications.(6) Technology operations and concepts. The student understands technology concepts, systems, and operations as they apply to computer science. The student is expected to:(A) demonstrate an understanding of the difference between desktop and mobile applications;(B) demonstrate an understanding of hardware and software structures and requirements in the design of mobile applications;(C) recognize multiple platforms and demonstrate an understanding of their associated requirements;(D) recognize various program development environments;(E) demonstrate an understanding of eventâ€based programming and its appropriate use;(F) describe how memory management affects mobile application design;(G) demonstrate an understanding of how low bandwidth and the mobility of a device affect the design of mobile applications;(H) identify applications that are best suited for mobile devices;(I) demonstrate an understanding of the use of libraries when designing mobile applications;(J) use a simulation tool to emulate a mobile device's functionality; and(K) use actual mobile devices to test mobile applications.</content><note type="source"><p>Source Note: The provisions of this §127.688 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.689"><num value="127.689">§127.689</num><heading>Advanced Cloud Computing (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: At least one credit from a course in computer science, programming, software development, or networking systems. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialist and network analyst. (3) The Advanced Cloud Computing course is an exploration of cloud computing. In this course, students explore cloud computing services, applications, and use cases. Students study cloud computing best practices and learn how cloud computing helps users develop a global infrastructure to support use case at scale while also developing and using innovative technologies.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the impact of cloud computing technology and compares the major services offered by cloud computing providers. The student is expected to:(A) describe the benefits and risks of cloud computing and the reasons for switching from on-premises computing to cloud computing;(B) identify and describe the major types of cloud computing;(C) generate sample cloud usage plans for a business case study, including a description of how each of the services can be used to improve the business;(D) explain the purpose of a region, availability zone, and edge location; and(E) compare the major services offered by cloud computing providers.(2) The student demonstrates how to store and share content in the cloud. The student is expected to:(A) identify features and functions of commonly used cloud services;(B) locate and use common services found in cloud computing consoles;(C) analyze how cloud services are used in real-world industries;(D) explain the functions of a domain name system (DNS);(E) create an object storage bucket;(F) explain benefits and uses of a content delivery network;(G) configure web content distribution via edge locations and attach it to a website;(H) identify the benefits, features, and use cases of different types of block storage;(I) analyze a use case and recommend the best type of virtual storage for the particular situation;(J) create a block storage volume or physical record;(K) attach a block storage volume to a virtual computing instance; and(L) create a virtual computing instance that hosts a simple website.(3) The student applies cloud security best practices in relation to identity and access management (IAM). The student is expected to:(A) identify best practices for IAM;(B) analyze the cultural and societal impacts of cloud security;(C) differentiate between a role, user, and policy in cloud security;(D) identify and use a process to resolve vulnerabilities in a web server;(E) describe cloud security best practices and explain steps to fix security lapses;(F) identify the best cloud security service for a given scenario;(G) demonstrate the use of an IAM system to set up a text alert event; and(H) compare monitoring and logging services.(4) The student describes when to use various databases, the benefits of caching data, and how to build a virtual private cloud (VPC). The student is expected to:(A) compare online transactional processing and online analytical processing;(B) describe the benefits of caching data;(C) explain and demonstrate how a load balancer is attached to a webpage;(D) describe features and benefits of load balancing;(E) evaluate the performance of a load balancer;(F) create an application using a platform as a service (PaaS); and(G) demonstrate the use of a template infrastructure as code to build a VPC.(5) The student understands the landscape of emerging technologies in the cloud. The student is expected to:(A) define machine learning and discuss its impacts on society, business, and technology;(B) identify potential use cases for emerging technology in the cloud;(C) assess value propositions of using cloud technology;(D) identify cloud services that can analyze and protect data and manage networks;(E) define blockchain technology and explain its benefits; (F) explain the infrastructure of cloud development kits or services; and(G) demonstrate the use of a software development framework to model and provision a cloud application.(6) The student resolves common security alerts, diagrams instance states and transitions, and explains how to choose the most cost-efficient instance type. The student is expected to:(A) describe the shared responsibility security model;(B) identify security responsibility for cloud resources;(C) analyze how the shared security model accounts for common threats to the cloud computing model;(D) identify the steps required to resolve an automated security alert;(E) describe the six instance states, including pending, running, stopping, stopped, shutting down, and terminated;(F) identify and diagram the transitions between instance states from launch to termination;(G) explain instance usage billing for each instance state; and(H) determine the most cost-efficient instance state for a given situation.(7) The student differentiates between dynamic and static websites. The student is expected to:(A) describe and demonstrate the process for setting up a static website;(B) compare static and dynamic websites;(C) create a content delivery network distribution to increase the speed of a website;(D) demonstrate the process to launch a dynamic web server;(E) create a serverless compute function using a serverless compute console;(F) describe the main functions of auto scaling;(G) create a launch template and an auto scaling group; and(H) develop a plan for monitoring an auto scaling instance or group.(8) The student demonstrates the benefits and risks of using big data. The student is expected to:(A) define big data and identify use cases for it within various industries;(B) identify and evaluate the benefits and risks of big data;(C) explain how blockchain ensures the validity and immutability of transactions, particularly in the cloud; and(D) evaluate the benefits and risks of blockchain business applications.</content><note type="source"><p>Source Note: The provisions of this §127.689 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.690"><num value="127.690">§127.690</num><heading>Foundations of User Experience (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialist and network analyst. (3) In Foundations of User Experience (UX), students analyze and assess current trends in a career field that creates meaningful, approachable, and compelling experiences for users of an array of products, services, and/or initiatives of companies, governments, and organizations. Students gain knowledge of introductory observation and research skills, basic design thinking and applied empathy methodologies, collaborative problem-solving and ideation, and interaction design and solution development. The knowledge and skills acquired from this course enable students to identify real-world problems through research and data-driven investigation and to design solutions while participating in collaborative problem solving. Students are introduced to agile practices and methodologies to develop skills to take solutions from conceptual sketch to digital designs using professional software tools. Students explore how to improve the quality of user interactions and perceptions of products, experiences, and any related services.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies professional communications strategies. The student is expected to:(A) revise presentations for audience, purpose, situation, and intent;(B) interpret and clearly communicate information, data, and observations;(C) apply active listening skills to obtain and clarify information;(D) identify multiple viewpoints of potential diverse users; and(E) define and exhibit public relations skills that are used by UX designers.(2) The student describes the field of UX and common elements in user-centered design. The student is expected to:(A) analyze the current trends and challenges of the UX field;(B) analyze and describe the diversity of roles and career opportunities across the UX field;(C) define terminology associated with UX, including user, user experience, human-centered design, design thinking, persona, user journey, empathy map, mind maps, roadmaps, wireframes, prototypes, and portfolios;(D) identify and explain the differences between relevant, friendly, and useful experience design;(E) identify and explain the connection between psychology and behavior with regard to usability;(F) explain the components of the design thinking methodology for ideation, iteration, co-creation, development, and execution; and(G) explain how UX design affects everyday lives.(3) The student discusses and applies the legal and ethical practices that UX designers follow when working with technology, designs, and clients. The student is expected to:(A) identify and explain ethical use of technology;(B) explain intellectual property laws, including copyright, trademarks, and patents, and consequences of violating each type of law;(C) identify violations of intellectual property laws;(D) explain the consequences of plagiarism; and(E) demonstrate ethical use of online resources, including using proper citations and avoiding plagiarism.(4) The student identifies and demonstrates introductory observation and research methods. The student is expected to:(A) describe the difference between qualitative and quantitative data;(B) conduct user interviews to gather insights into what users think about a site, an application, a product, or a process;(C) organize ideas and user data using software tools;(D) analyze and draw conclusions from qualitative user data collection;(E) observe and document how users perform tasks through task analysis observations;(F) define affinity and explain the benefits of affinity and customer journey maps;(G) use data summaries from user interviews to create personas; and(H) create a report or presentation, including user interview and observation data summaries, data analysis, and additional findings, for a target audience.(5) The student applies an understanding of psychological principles used in user-centered design. The student is expected to:(A) identify and define design principles;(B) describe how visceral reactions inform the creation of a positive user experience;(C) select colors to influence human behavior, the human mind, and reactions toward an intended outcome;(D) explain recognition and scanning patterns and their importance in user-centered design;(E) define Hick's Law and Weber's Law and explain their impact on UX design decisions;(F) describe sensory adaptation phenomenon and perceptual set; and(G) explain the stages of human information processing, including sensing, perceiving, decision-making, and acting.(6) The student creates effective, accessible, usable, and meaningful solutions for the end user by using UX design principles. The student is expected to:(A) identify end-user problems and needs in real-world environments;(B) identify principles of accessibility such as perceivable, operable, understandable, and robust (POUR);(C) identify and discuss the differences and connections between UX Design, Visual Design, and User Interaction in regard to usability;(D) communicate potential solutions and ideas with a storytelling approach;(E) sketch and refine designs within wire-framing and prototypes; and(F) implement iterations for a design solution using structured testing protocols.(7) The student collaborates with others to apply UX project management methods. The student is expected to:(A) identify the relationship between UX research and design-thinking methods; and(B) explain three different stages and roles of UX project management methods such as agile methods.(8) The student applies UX design practices and uses technology to create digital assets. The student is expected to:(A) use design elements such as typeface, color, shape, texture, space, and form to create a visual narrative;(B) implement design principles such as unity, harmony, balance, scale, novelty, hierarchy, alignment, and contrast to create visual narratives;(C) identify and explain common elements of Hyper Text Markup Language (HTML) such as tags, style sheets, and hyperlinks;(D) apply UX design techniques in order to:(i) create effective user interfaces for browser-based, native, and hybrid mobile applications;(ii) demonstrate proper use of vector and raster-based design software;(iii) explain the difference between back-end and front-end development in UX; and(iv) create a web page containing links, graphics, and text using appropriate design principles;(E) demonstrate basic sketching skills;(F) create wireframes using design software;(G) explain how design fidelity, from sketch to wireframe to prototype to visuals, aligns with and supports agile methodology; and(H) produce digital assets.</content><note type="source"><p>Source Note: The provisions of this §127.690 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.691"><num value="127.691">§127.691</num><heading>Advanced User Experience Design (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Foundations of User Experience. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, digital interactions, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialist and network analyst.(3) The Advanced User Experience (UX) Design course allows students to apply skills in science and art to integrate technology as a useful, meaningful, memorable, and accessible source for all users. Students will use knowledge from the Foundations of User Experience course to expand the research, design process, testing, and communication skills essential for success in this user-focused career field.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands and demonstrates legal and ethical procedures for UX designers as they apply to the use of information technology. The student is expected to:(A) identify intellectual property violations within given scenarios; and(B) formulate and communicate visually, orally, or in writing the ramifications and consequences of plagiarism and copyright infringement within a business context.(2) The student connects and applies UX design conceptual foundations with real-world scenarios. The student is expected to use proper terms and professional language for UX design context, both orally and in written form.(3) The student uses different options of project management to produce a successful UX design. The student is expected to:(A) identify different stages of the UX design process, including research, identification of problem, ideation, prototyping, and testing, and apply these stages to refine or create products;(B) test partial products during the UX design process and analyze results to inform the refinement phase;(C) explain the conceptual design, content strategy, and ways to get feedback from various users and stakeholders in the project; and(D) demonstrate effective time-management and planning to complete project tasks.(4) The student collects and interprets data through the use of UX tools and protocols. The student is expected to:(A) create templates for questionnaires, data collection, and summary reports;(B) analyze data and create a summary of project conclusions that include insights into affordances and constraints of the project design;(C) distinguish differences in qualitative research methods such as user interviews, ethnography, field studies, focus groups, and usability testing; and(D) identify and use quantitative methods such as A/B testing, card sorting, heat maps, analytics, and user surveys.(5) The student creates and analyzes prototypes for UX design products. The student is expected to:(A) identify a UX problem and list potential solutions;(B) evaluate potential solutions and create an action plan to address a problem based on desired features and requirements for a UX design product;(C) create a presentable content strategy and develop conceptual designs and symbolic messages for a UX design prototype;(D) generate possible solutions with ideation methods such as unstructured discussion, storyboards, brainstorming, role playing, game storming, mind mapping, teamwork games, and sketching;(E) refine and select ideas for prototyping with a people-centered rationale for the decision;(F) create low-fidelity prototypes, including sketches, paper models, and click-through prototypes; and(G) create mockups and high-fidelity prototypes, including digital and physical versions.(6) The student structures solutions while applying UX design principles. The student is expected to:(A) explain how the connected layouts, blocks of content, visual designs, and navigation requirements enhance user experience;(B) explain how the distinguishing of channels and formats during website development impacts usability across different devices;(C) develop and implement design activities for co-creation, peer-review, and collaborative feedback;(D) test and evaluate navigation experiences and compare results with current competitors; and(E) incorporate best practices for references, including adding the designer's voice and signature.(7) The student describes best practices and plans for a usability test. The student is expected to:(A) create a usability test plan that includes cognitive, perceptual, emotional, and cultural information about users, data collection requirements, and user testing methods;(B) execute testing methodologies and collect data for analysis purposes; and(C) present conclusions and recommendations that apply design principles, communication, and creative skills.</content><note type="source"><p>Source Note: The provisions of this §127.691 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.695"><num value="127.695">§127.695</num><heading>Information Technology Troubleshooting (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a course from the Information Technology Career Cluster. Recommended prerequisites: Principles of Information Technology and Computer Maintenance/Lab. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry-level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialist and network analyst. (3) The Informational Technology Troubleshooting course is about applying logic over technical components to identify and resolve problems. The course focuses on developing a methodical approach in IT troubleshooting and leveraging those skills in a workplace environment. In this course, students learn and use proven troubleshooting methods and apply those in a collaborative workplace setting. Students develop personal success skills, including time management and personal accountability measures, strategies for collaboration and teamwork, and effective written and verbal communication skills. The knowledge and skills acquired in the course enables students to use IT resources and data safely, ethically, and within legal guidelines. Students work within a service level model that helps them to interpret, clarify, and diagnose issues with hardware, software, and networking.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops and models customer-service skills. The student is expected to:(A) identify and model the characteristics of excellent customer service;(B) list and demonstrate the steps for opening and greeting a contact;(C) explain the benefits of using a client's name;(D) identify habits and situations to avoid when interacting with a client;(E) explain the importance of keeping clients informed of status changes;(F) list and demonstrate the steps for putting a client on hold or transferring a call;(G) identify and demonstrate techniques and strategies for handling difficult calls and situations; and(H) document all client communications and outcomes clearly and appropriately.(2) The student applies procedures for various support interaction types. The student is expected to:(A) describe the primary responsibilities and skills of an IT support specialist and how to deliver consistent, quality service;(B) explain and demonstrate safety procedures for unpacking, handling, and repacking replacement parts;(C) describe when to use various support delivery methods and technologies such as in-person, email, phone, web, and remote access;(D) demonstrate the use of various support delivery models, including in-person, email, phone, web, and remote access technologies, to troubleshoot an issue; and(E) describe the purpose and value of the security management process and the IT support specialist's role in that process.(3) The student implements proven troubleshooting methods and strategies within the context of a service level model. The student is expected to:(A) implement and explain a troubleshooting process for diagnosing issues with hardware, software, and the network;(B) explain the importance of clearly documenting progress throughout the troubleshooting process;(C) describe activities common to help desk service level model and incident management processes;(D) interpret and clarify different types of incidents, problems, and events submitted in the help desk service model or trouble ticketing system;(E) describe an operational level agreement (OLA) and the role of the IT support specialist in an OLA;(F) describe what is meant by escalation and the reasons an incident may be escalated;(G) identify and apply relevant system updates for supported devices; and(H) describe service and support center metrics, including a service level target and the IT support specialist's role in monitoring and reviewing data related to these metrics.(4) The student describes and applies best practices for the safe, ethical, and legal use of resources and information. The student is expected to:(A) demonstrate and describe positive digital citizenship and acceptable use policy when using digital resources;(B) describe best practices for creating passwords such as increasing password length and password complexity, enforcing password blacklists, resetting passwords, limiting password entry attempts, and using multi-factor authentication;(C) examine, describe, and demonstrate the use of guidelines for using media, information, and applications protected by copyright;(D) compare and explain copyright, fair use, public domain, and Creative Commons licensing;(E) identify and apply licensing guidelines for software, media, and other resources;(F) explain the importance and uses of encryption;(G) describe and demonstrate best practices for handling confidential information;(H) analyze cyber threats and social engineering vulnerabilities and discuss ways to prevent them;(I) describe various types of security policies and summarize the importance of physical security and logical security measures;(J) explain the importance of reporting security compromises such as addressing prohibited content and activity; and(K) identify and demonstrate appropriate data destruction and disposal methods relevant to a given scenario.(5) The student applies foundational knowledge and skills for the installation, configuration, operation, and maintenance of desktops and workstations. The student is expected to:(A) explain the procedure used to install and configure motherboards, central processing units (CPUs), and add-on cards relevant to a given scenario such as a custom personal computer configuration to meet customer specifications;(B) describe how to implement security best practices to secure a workstation, including software-based computer protection tools such as software firewalls, antivirus software, and anti-spyware;(C) demonstrate how to identify symptoms or error codes, including no power, no POST, no BOOT, and no video, that indicate device issues and explain how to troubleshoot symptoms or error codes;(D) describe the process used to install, troubleshoot, and replace random-access memory (RAM) types and data storage;(E) describe how to troubleshoot, clean, repair, or replace internal components, including heat sink units and thermal paste, exhaust vents and fans, power supply units, power adapters, batteries, wireless elements, and wireless wide area network (WWAN) components;(F) explain the importance of conducting periodic maintenance, including both physical and electronic cleaning, disk checks, routine reboots, data dumps, and testing; and(G) describe and demonstrate how to prevent, detect, and remove malware using appropriate tools and methods.(6) The student applies foundational knowledge and skills about the installation, configuration, operation, and maintenance of operating systems (OS) and software. The student is expected to:(A) describe and demonstrate the use of OS features and tools relevant to given scenarios;(B) describe and demonstrate the use of OS utilities relevant to given scenarios;(C) execute OS command-line tools such as ipconfig, netstat, dir, nbtstat;(D) troubleshoot and document OS problems relevant to a given scenario;(E) demonstrate how to use features and tools of various operating systems properly;(F) troubleshoot and document problems in various operating systems; and(G) explain database concepts and the purpose of a database.(7) The student installs, configures, operates, maintains, and troubleshoots issues related to peripheral devices relevant to a given scenario. The student is expected to:(A) explain and demonstrate how to install, configure, maintain, and troubleshoot storage devices;(B) explain and demonstrate how to install, configure, maintain, and troubleshoot printers, copiers, and scanners, including small office home office (SOHO) multifunction devices and printers;(C) explain and demonstrate how to install, configure, maintain, and troubleshoot video projectors and video displays; and(D) explain and demonstrate how to install, configure, maintain, and troubleshoot multimedia devices such as sound cards, speakers, microphones, and webcams.(8) The student monitors current issues related to the installation, configuration, operation, and maintenance of laptops, tablets, and other mobile devices, including internet of things (IoT) devices. The student is expected to:(A) explain and demonstrate how to install and configure laptop and netbook hardware to meet customer specifications;(B) explain and demonstrate how to install components within the display of a laptop;(C) explain and demonstrate how to connect and configure accessories and ports of mobile devices;(D) analyze and apply methods used to secure mobile devices;(E) configure mobile device network connectivity and application support;(F) demonstrate proper methods to perform mobile device synchronization such as synchronizing information to a laptop or desktop computer; and(G) explain and demonstrate how to troubleshoot issues relevant to mobile devices, OS, and applications.(9) The student troubleshoots issues with wired and wireless networks and cloud computing resources. The student is expected to:(A) explain and demonstrate how to install, configure, and secure a wired network;(B) explain and demonstrate how to install, configure, and secure a wireless network;(C) compare wireless security protocols and authentication methods;(D) analyze, describe, and troubleshoot wired and wireless network problems;(E) demonstrate the use of appropriate networking tools to fix network issues safely;(F) explain how computing devices such as laptops and cell phones connect and share data;(G) describe the components of cloud-computing architectures and features of cloud-computing platforms; and(H) analyze, describe, and troubleshoot cloud computing resources.</content><note type="source"><p>Source Note: The provisions of this §127.695 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.696"><num value="127.696">§127.696</num><heading>Engineering Applications of Computer Science Principles (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Prerequisite: Algebra I and at least one credit in a course from the Information Technology Career Cluster. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology career cluster focuses on the design, development, support, and management of hardware, software, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialists and network analysts.(3) Engineering Applications of Computer Science Principles teaches rigorous engineering design practices, engineering habits of mind, and the foundational tools of computer science. Students apply core computer science principles to solve engineering design challenges that cannot be solved without such knowledge and skills. Students use a variety of computer software and hardware applications to complete projects.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies concepts of critical thinking and problem solving to engineering applications in computer science. The student is expected to:(A) identify, analyze, and discuss elements of an engineering problem to develop creative and innovative solutions;(B) identify, analyze, and discuss the elements and structure of a programming problem to develop creative and innovative solutions;(C) identify and discuss pertinent information from a customer and existing program for solving a problem;(D) compare and discuss alternatives to a solution using a variety of problem-solving and critical-thinking skills; and(E) conduct research to gather technical information necessary for decision making.(2) The student conducts computer science and engineering laboratory activities using safe and environmentally appropriate practices. The student is expected to:(A) identify and demonstrate safe practices during hands-on cutting and building activities during computer science and engineering laboratory activities;(B) identify and demonstrate safe use and storage of electrical components; and(C) identify and demonstrate appropriate use and conservation of resources, including disposal, reuse, or recycling of materials.(3) The student applies ethical considerations in designing solutions. The student is expected to:(A) define and evaluate constraints pertaining to a problem;(B) identify safety considerations in designing engineering solutions with respect to the system, engineer, and user; and(C) investigate and explain the importance and application of relevant legal and ethical concepts in computer science such as intellectual property, use of open-source software, attribution, patents, and trademarks.(4) The student demonstrates an understanding of the structured methods used to collect and analyze information about customer needs. The student is expected to:(A) analyze information provided by the customer to identify customer needs;(B) create a process flow diagram based on customer needs to generate ideas for potential user actions, product functions, and design opportunities;(C) develop a flowchart for a program using the results of a process flow diagram;(D) create a target specifications table;(E) identify and describe similar existing solutions; and(F) construct a functional model based on customer needs to generate ideas for potential user actions, product functions, and design opportunities.(5) The student develops a user interface and supplemental instructions. The student is expected to:(A) identify essential tasks to be completed by the user;(B) identify points of potential confusion or unexpected input by the user;(C) design a software or user interface that clearly communicates to the user how to complete desired tasks;(D) develop supplemental user instructions to inform the user of items that cannot be incorporated into an interface such as how to start the program or frequently asked questions;(E) test a program and the program instructions with an individual who is not familiar with the project;(F) evaluate and discuss feedback and results from new user testing;(G) improve and refine a program and the program instructions based on feedback and results of testing; and(H) re-test a program and the program instructions as necessary after modifications have been made in response to testing and identify any next steps.(6) The student systematically reverse engineers a product, examines ways to improve the product, and identifies the type of redesign required to make that improvement. The student is expected to:(A) write or perform tests, including break testing, for an existing program to determine functionality;(B) describe unexpected findings from deconstructing existing code;(C) examine and discuss relevant software libraries to determine their uses and functionality;(D) construct a flowchart for an existing program;(E) compare a program's current functionality to the customer's needs;(F) identify and add missing customer specifications or needs to a program's flowchart;(G) develop and explain new code that includes customer specifications or improves a product; and(H) compare and discuss the predicted versus actual functionality of a product to generate ideas for redesign.(7) The student applies concept generation and selection skills. The student is expected to:(A) create and explain a black box and functional model of a system;(B) implement brainstorming, mind mapping, concept sketching, and gallery walk activities to produce new ideas; and(C) apply concept selection techniques such as a Pugh chart or a weighted decision matrix to design decisions.(8) The student develops and applies engineering design process skills. The student is expected to:(A) select and use appropriate tools and techniques to support design activities;(B) report information about software design solutions in an engineering notebook;(C) develop, test, and refine programming concepts throughout the development process;(D) interpret and use an electrical diagram to build a circuit;(E) create a circuit using a microcontroller, a breadboard, and multiple components;(F) explain and apply the design process from different starting points by beginning with a baseline design;(G) use a model or simulation which represents phenomena and mimics real-world events to develop and test hardware;(H) critique and explain the usefulness and limitations of certain models;(I) develop a prototype solution; test the prototype solution against requirements, constraints, and specifications; and refine the prototype solution; and(J) report and describe a product's final design after the prototyping phase.(9) The student applies mathematics and algorithms in programs. The student is expected to:(A) apply mathematical concepts from algebra, geometry, trigonometry, or calculus to calculate the angle of a joint;(B) apply mathematical calculations cyclically in a program using algorithms; and(C) evaluate and verify algorithms for appropriateness and efficiency.(10) The student develops computer programs to support design solutions. The student is expected to:(A) design and explain software interfaces that communicate with hardware;(B) identify and apply relevant concepts from computer science, science, and mathematics such as functions, electricity, and mechanics; and(C) employ abstraction in a program by representing numerical sensor readouts in more intuitive variables and functions.(11) The student develops and applies computer science skills. The student is expected to:(A) integrate small discrete programs into a larger complete program solution using systems-thinking skills;(B) use intuitive variable names correctly and add comments to code to improve readability;(C) employ abstraction in a program by representing images as data arrays and representing numerical tone frequencies as variables;(D) convert image information into the correct data type necessary for given library functions;(E) develop an algorithm that includes logic such as "while" and "if" to accept user trackbar input and display image changes in real time;(F) develop flowcharts, pseudocode, and commented code to document and explain software design solutions;(G) design software interfaces that communicate with users and hardware;(H) employ abstraction to program an interface, treating imported code as a "black box";(I) employ abstraction by representing a joint as four points in a plane; and(J) select and apply correct programming vocabulary and programming skills during program development.(12) The student develops and uses computer programs to process data and information to gain insight and discover connections to support design solutions. The student is expected to:(A) explain how to organize complex image and video data for processing;(B) analyze complex data to make decisions and instruct users; and(C) develop programs that use incoming data and algorithms to create output data, information, and commands.</content><note type="source"><p>Source Note: The provisions of this §127.696 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.697"><num value="127.697">§127.697</num><heading>Geographic Information Systems (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Art, Audio/Video Technology, Principles of Information Technology, Physics for Engineers, or Principles of Applied Engineering. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology career cluster focuses on the design, development, support, and management of hardware, software, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialist and network analyst.(3) The Geographic Information Systems (GIS) course employs an analytic process using industry standard software to find trends and patterns in collected data. Whether collecting data first-hand or from reputable websites, GIS aims to use scientific methods to find solutions to various problems and issues.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates knowledge and appropriate use of computer hardware components and software programs and examines how hardware and software are interrelated. The student is expected to:(A) use operating systems, software applications, and communication and networking components appropriately;(B) compare and appropriately use various input, processing, output, and primary/secondary storage devices;(C) evaluate and select software based on quality, appropriateness, effectiveness, and efficiency; and(D) solve digital file format and cross platform connectivity compatibility issues.(2) The student uses data input skills. The student is expected to:(A) incorporate into a product and use a variety of input devices such as keyboard, scanner, or mouse appropriately; and(B) use digital keyboarding standards for the input of data.(3) The student demonstrates knowledge and understanding of what GIS is and the use of GIS technology in different career fields. The student is expected to:(A) identify historical and contemporary developments in GIS;(B) describe the basic components of GIS; and(C) identify appropriate application of GIS technologies in different career fields.(4) The student demonstrates knowledge and appropriate use of database software. The student is expected to:(A) design and construct a relational database from a geographic data model using a database software;(B) use joins, hyperlinks, and relational linking appropriately within a database;(C) convert data into a data depiction using classifications; and(D) transfer data from different sources into a database for storage and retrieval.(5) The student demonstrates knowledge and appropriate use of spatial databases and sources. The student is expected to:(A) identify and use appropriately various spatial databases and sources such as digital terrain models, digital orthophoto quadrangles, geographic databases, land use and land cover data, digital imagery, hydrographic spatial data, and demographic data; and(B) describe and demonstrate appropriate use of spatial analysis.(6) The student demonstrates knowledge and appropriate use of GIS software. The student is expected to:(A) determine the appropriate software tool from GIS to use for a given task or project;(B) create queries and spatial queries for finding features, borders, centroids, and networks and determining distance, length, and surface measurements and shapes;(C) describe characteristics of maps and spatial data; and(D) identify and use geographical scales, coordinates, and specific map projections.(7) The student demonstrates knowledge and appropriate use of GIS data collection devices. The student is expected to:(A) plan and conduct supervised GIS and Global Positioning System (GPS) experiences;(B) initialize and prepare a GPS receiver for data collection;(C) collect geographical coordinates from a GPS receiver; and(D) transfer data from a GPS device to a personal computer. (8) The student acquires electronic information in a variety of formats. The student is expected to:(A) collect electronic information in various formats, including text, audio, video, and graphics; and(B) gather authentic data from a variety of electronic sources to use for individual and group GIS projects.(9) The student uses appropriate computer-based productivity tools to create and modify solutions to problems. The student is expected to:(A) explain project management guidelines for designing and developing GIS projects; and(B) design solutions for a project using visual organizers such as flowcharts or schematic drawings.(10) The student produces a product using a variety of media. The student is expected to:(A) publish information in a variety of formats, including hard copies and digital formats; and(B) prepare a presentation of GIS information using graphs, charts, maps, and presentation software.(11) The student examines GIS maps, reports, and graphs. The student is expected to:(A) explain industry-standard legends used in GIS;(B) describe symbols, scaling, and other map elements used in GIS;(C) generate GIS reports and graphs; and(D) create maps using a variety of map display types such as choropleth, heat maps, dot density maps, topographic maps, or graduated symbols maps.</content><note type="source"><p>Source Note: The provisions of this §127.697 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.698"><num value="127.698">§127.698</num><heading>Raster-Based Geographic Information Systems (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Geographic Information Systems. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology career cluster focuses on the design, development, support, and management of hardware, software, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialist and network analyst.(3) In Raster-Based Geographic Information Systems (GIS), students study local problems; acquire information, including images or aerial photographs; process the acquired data; and merge the acquired data with vector data. Students plan, conduct, and present solutions for locally based problems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates knowledge of the GIS field and related careers. The student is expected to:(A) identify employment and career opportunities in GIS-related fields;(B) identify and explore career preparation learning experiences, including job shadowing, mentoring, apprenticeship training, and preparation programs;(C) identify industry certifications for GIS-related careers, including careers related to raster-based GIS; and(D) discuss and analyze ethical issues related to GIS and technology and incorporate proper ethics in submitted projects.(2) The student explores various roles in team projects. The student is expected to:(A) explain the importance of teamwork in the field of GIS;(B) describe principles of effective teamwork, including collaboration and conflict resolution; and(C) explain common characteristics of strong team leaders and team members.(3) The student investigates the history and use of aerial photography. The student is expected to:(A) explain fundamental principles of cameras and lenses as they pertain to GIS and aerial photography;(B) research and explain the history of aerial photography, including aerial platforms;(C) explain various uses of aerial photography;(D) compare vertical and oblique aerial photography; and(E) identify cities, bridges, shorelines, roads and other important features in aerial photos.(4) The student develops an understanding of electromagnetic and thermal radiation. The student is expected to:(A) explain how forms of radiation propagate through space and interact with matter;(B) research and describe the behavior of waves, including refraction, scattering, absorption, and reflection, in relation to radiation;(C) describe the properties and laws of thermal radiation; (D) compare the particle and wave models of electromagnetic energy;(E) differentiate maps based on electromagnetic versus thermal radiation imagery; and(F) evaluate whether electromagnetic or thermal radiation imagery is appropriate based on the conditions.(5) The student explores active and passive microwave remote sensing. The student is expected to:(A) compare active and passive microwave remote sensing;(B) explain geographic characteristics, including surface roughness, moisture content, vegetation, backscatter and biomass, and urban structures, detected by remote sensing images; and(C) provide a detailed analysis of radar images.(6) The student learns the functions and applications of the tools, equipment, and materials used in GIS and raster-based analysis. The student is expected to:(A) describe how to use raster-based software;(B) download spatial data and raster images and re-project the data and images to match the Digital Orthophoto Quadrangle (DOQ) or Digital Orthophoto Quarter Quadrangle (DOQQ);(C) identify remote sensing equipment and describe the difference between the Global Positioning System (GPS) and the Global Navigation Satellite System (GLONASS);(D) describe GPS measurements and perform measurements with handheld GPS devices using GPS or GLONASS systems; and(E) compare the advantages, disadvantages, and limitations of remote or unmanned sensing.(7) The student uses scientific practices in imagery analysis. The student is expected to:(A) plan and implement investigative procedures, including asking questions, formulating testable hypotheses, and selecting, handling, and maintaining appropriate equipment and technology;(B) collect GIS data;(C) organize, analyze, evaluate, make inferences, and predict trends from GIS data; and(D) communicate valid conclusions using appropriate GIS vocabulary, supportive maps, summaries, oral reports, and technology-based reports.(8) The student uses project-management skills to research and analyze locally based problems. The student is expected to:(A) identify and collect data necessary to evaluate a local problem, including defining the problem and identifying locations of the concern;(B) develop a plan and project schedule for completion of a project developed to address a local concern using raster-based GIS technology;(C) create a GIS map to illustrate a problem using remote sensing images gathered from sites such as the National Aeronautics and Space Administration, National Oceanic and Atmospheric Administrations, and United States Geological Survey;(D) evaluate GIS map features to identify solutions to a problem;(E) develop solutions to minimize, reverse, or solve problem using raster-based GIS technology; and(F) organize and present findings related to a local problem in a final report or portfolio with data and solutions generated using raster-based GIS technology.</content><note type="source"><p>Source Note: The provisions of this §127.698 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.699"><num value="127.699">§127.699</num><heading>Spatial Technology and Remote Sensing (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a course from the Information Technology Career Cluster. Recommended prerequisites: Geographic Information Systems and Raster-Based Geographic Information Systems. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology career cluster focuses on the design, development, support, and management of hardware, software, multimedia, and systems integration services. This career cluster includes occupations ranging from software developer and programmer to cybersecurity specialist and network analyst.(3) In Spatial Technology and Remote Sensing, students receive instruction in industry standard geospatial extension software and geospatial tools, including global positioning systems (GPS), and training in project management and problem solving related to geographic information systems (GIS).(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates knowledge of the GIS field and GIS-related careers. The student is expected to:(A) identify employment and career opportunities in spatial technology and remote sensing related GIS fields;(B) describe and explore career preparation learning experiences, including job shadowing, mentoring, apprenticeship training, and preparation programs;(C) identify industry certifications for GIS-related careers, including careers that use or benefit from spatial technology; and(D) analyze and discuss ethical issues related to the field of spatial technology and remote sensing technology and spatial technology and remote sensing technology projects.(2) The student applies basic GIS software knowledge and skills to explore the use of various geographic projections in GIS software. The student is expected to:(A) identify and use Mercator map projection;(B) identify and use Albers conic map projection; and(C) research and explain the evolution of and need for different map projections.(3) The student explores the application of GPS technology. The student is expected to:(A) define and use data terminology related to GPS;(B) identify and use appropriately GPS receiver components; (C) describe various applications of GPS coordinates such as locating fire hydrants, extinguishers, lighting, and parking lots; and(D) compare the accuracy of GPS coordinates from different receivers such as smartphones, tablets, and GPS handheld devices.(4) The student demonstrates knowledge and understanding of the types and components of unmanned remote sensing platforms. The student is expected to:(A) identify major components of aerial, terrestrial, and submersible remote sensing platforms;(B) determine the most appropriate remote sensing platform to use based on various conditions;(C) differentiate the types of sensing systems used by each type of platform, including active, passive, spectrometer, radar, LiDAR, scatter meter, and laser altimeter platforms; and(D) compare situations in which different unmanned remote sensing platforms and sensing systems might be used.(5) The student demonstrates skills related to GIS data analysis. The student is expected to:(A) evaluate findings and potential problems using GIS data;(B) create models that represent collected GIS data;(C) create, query, map, and analyze cell-based raster data; and(D) analyze density, distance, and proximity of various data points using spatial analyst tools.(6) The student analyzes geospatial socioeconomic data to create three-dimensional maps to demonstrate findings. The student is expected to:(A) identify key sources of and gather and organize geospatial socioeconomic data;(B) plan, organize, and create thematic maps;(C) convert two-dimensional themes to a three-dimensional map to demonstrate features, distributions, and themes; and(D) interpret, draw conclusions about, and justify findings related to geospatial socioeconomic data.(7) The student uses spatial technology to develop and analyze a location map. The student is expected to:(A) identify and collect data using GPS and unmanned systems and identify the boundaries and topography of a location;(B) analyze how the location of a community impacts resources and hardships such as jobs or traffic in the community;(C) create a map of a location that includes buildings and facilities, adjacent streets, and transportation sites using GIS software; and(D) develop a map that includes categories for a facility's features such as restrooms, spaces allocated for core activities, emergency equipment, and excavation routes.(8) The student documents spatial technology knowledge and skills. The student is expected to:(A) create a spatial technology and remote sensing portfolio that includes attainment of technical skill competencies and samples of work such as location maps and spatial technology and remote sensing-based reports; and(B) present a portfolio to peers or interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.699 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.720"><num value="127.720">§127.720</num><heading>Independent Study in Technology Applications (One Credit), Beginning with School Year 2012-2013</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2012-2013 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: a minimum of one credit from the courses in the Information Technology Career Cluster. This course may be taken at Grades 9-12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In Independent Study in Technology Applications, through the study of technology applications foundations, including technology-related terms, concepts, and data input strategies, students will communicate information in different formats and to diverse audiences using a variety of technologies. Students will learn to make informed decisions; develop and produce original work that exemplifies the standards identified by the selected profession or discipline; and publish the product in electronic media and print. Students will practice the efficient acquisition of information by identifying task requirements, using search strategies, and using technology to access, analyze, and evaluate the acquired information. By using technology as a tool that supports the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates creative thinking, constructs knowledge, and develops innovative products and processes using technology. The student is expected to:(A) apply existing knowledge to promote creativity in designing new technology products or services;(B) design and implement procedures to track trends, set timelines, and review and evaluate progress for continual improvement in process and product;(C) produce electronic documentation to illustrate the progress of a project;(D) seek and respond to input from peers and professionals in delineating technological tasks and problem solving;(E) make necessary revisions and/or proceed to the next stage of study;(F) use technology terminology appropriate to the independent study course;(G) develop and apply advanced creativity and innovation employed in technology applications skills;(H) identify and solve problems, individually and with input from peers and professionals, using research methods and advanced creativity and innovation skills used in a selected profession or discipline;(I) develop products that meet standards identified by the selected profession or discipline; and(J) produce original work to solve an identified problem and publish a product in electronic media and print.(2) Communication and collaboration. The student uses digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning experience of others. The student is expected to:(A) format developed projects according to defined output specifications, including target audience and viewing environment; (B) present findings to a panel for comment and professional response;(C) determine and implement the best method of presenting or publishing findings;(D) synthesize and publish information in a variety of print or digital formats;(E) use evolving network and Internet resources and appropriate technology skills to create, exchange, and publish information; (F) develop cultural understanding and global awareness by interacting with learners of other cultures through evolving digital formats and communication methods;(G) collaborate with others to identify a problem to be solved, hypotheses, and strategies to accomplish a task;(H) participate with electronic communities as a learner, initiator, contributor, and facilitator/mentor; and(I) participate in relevant, meaningful activities in the larger community and society to create electronic projects.(3) Research and information fluency. The student applies digital tools to gather, evaluate, and use information. The student is expected to:(A) use evolving network and Internet resources for research and resource sharing of technology applications;(B) apply appropriate search strategies in the acquisition of information from the Internet, including keyword and Boolean search strategies;(C) pose hypotheses and questions related to a selected problem;(D) acquire information using appropriate research strategies with source citations through electronic formats, including interactive components, text, audio, video, graphics, and simulations; and(E) identify, create, and use available file formats, including text, image, video, and audio files.(4) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) evaluate the design, functionality, and accuracy of the accessed information;(B) conduct systematic research;(C) demonstrate creative-thinking and problem-solving skills;(D) integrate appropriate productivity tools, including network, mobile access, and multimedia tools, in the creation of solutions to problems;(E) use enriched curricular content in the creation of products;(F) synthesize and generate new information from data gathered from electronic resources;(G) read and use technical documentation; and(H) write simple technical documentation relative to the audience.(5) Digital citizenship. The student understands human, cultural, and societal issues related to technology and practices legal and ethical behavior. The student is expected to:(A) discuss intellectual property, privacy, sharing of information, copyright laws, and software licensing agreements;(B) model ethical acquisition and use of digital information; (C) model respect of intellectual property when editing graphics, video, text, and sound files;(D) demonstrate proper etiquette, responsible use of software, and knowledge of acceptable use policies when using network resources;(E) demonstrate best practices in understanding and applying information security;(F) develop and maintain a technical documentation library in a variety of formats; and(G) investigate how technology has changed and the social and ethical ramifications of computer usage.(6) Technology operations and concepts. The student demonstrates a sound understanding of technology concepts, systems, and operations. The student is expected to:(A) demonstrate knowledge and appropriate use of input devices, operating systems, software applications, and communication and networking components;(B) select, acquire, and use appropriate digital tools;(C) delineate and make necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity; and(D) use appropriate technology terminology and naming conventions.</content><note type="source"><p>Source Note: The provisions of this §127.720 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.721"><num value="127.721">§127.721</num><heading>Independent Study in Evolving/Emerging Technologies (One Credit)</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: a minimum of one credit from the courses in the Information Technology Career Cluster. This course may be taken at Grades 9-12.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In the Independent Study in Evolving/Emerging Technologies course, through the study of evolving/emerging technologies, including technology-related terms, concepts, and data input strategies, students will communicate information in different formats and to diverse audiences using a variety of technologies. Students will learn to make informed decisions, develop and produce original work that exemplifies the standards identified by the selected profession or discipline, and publish the product in electronic media and print. Students will demonstrate efficient acquisition of information by identifying task requirements, using search strategies, and using technology to access, analyze, and evaluate the acquired information. By using technology as a tool that supports the work of individuals and groups in solving problems, students will select the technology appropriate for the task, synthesize knowledge, create solutions, and evaluate the results. The six strands include creativity and innovation; communication and collaboration; research and information fluency; critical thinking; problem solving, and decision making; digital citizenship; and technology operations and concepts.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) Creativity and innovation. The student demonstrates creative thinking, constructs knowledge, and develops innovative products and processes using technology. The student is expected to:(A) apply existing knowledge to promote creativity in designing new technology products or services;(B) design and implement procedures to track trends, set timelines, and review and evaluate progress for continual improvement in process and product;(C) produce electronic documentation to illustrate the progress of a project;(D) seek and respond to input from peers and professionals in delineating technological tasks and problem solving;(E) make necessary revisions and/or proceed to the next stage of study;(F) use technology terminology appropriate to the independent study course;(G) develop and apply advanced creativity and innovation employed in technology applications skills;(H) identify and solve problems, individually and with input from peers and professionals, using research methods and advanced creativity and innovation skills used in a selected profession or discipline;(I) develop products that meet standards identified by a selected profession or discipline; and(J) produce original work to solve an identified problem and publish a product in electronic media and print.(2) Communication and collaboration. The student uses digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning experience of others. The student is expected to:(A) format developed projects according to defined output specifications, including target audience and viewing environment; (B) present findings to a panel for comment and professional response;(C) determine and implement the best method of presenting or publishing findings;(D) synthesize and publish information in a variety of print or digital formats;(E) use evolving network resources and appropriate technology skills to create, exchange, and publish information;(F) develop cultural understanding and global awareness by interacting with learners of other cultures through evolving digital formats and communication methods;(G) collaborate with others to identify a problem to be solved, hypotheses, and strategies to accomplish a task;(H) participate with electronic communities as a learner, initiator, contributor, and facilitator/mentor; and(I) participate in relevant, meaningful activities in the larger community and society to create electronic projects.(3) Research and information fluency. The student applies digital tools to gather, evaluate, and use information. The student uses a variety of strategies to acquire information from electronic resources, with appropriate supervision. The student is expected to:(A) use evolving network and Internet resources for research and resource sharing of technology applications;(B) apply appropriate search strategies in the acquisition of information from the Internet, including keyword and Boolean search strategies;(C) pose hypotheses and questions related to a selected problem;(D) acquire information using appropriate research strategies with source citations through electronic formats, including interactive components, text, audio, video, graphics, and simulations; and(E) identify, create, and use available file formats, including text, image, video, and audio files.(4) Critical thinking, problem solving, and decision making. The student uses critical-thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. The student is expected to:(A) evaluate the design, functionality, and accuracy of the accessed information;(B) conduct systematic research;(C) demonstrate creative-thinking and problem-solving skills;(D) integrate appropriate productivity tools, including network, mobile access, and multimedia tools, in the creation of solutions to problems;(E) use enriched curricular content in the creation of products;(F) synthesize and generate new information from data gathered from electronic resources;(G) read and use technical documentation; and(H) write simple technical documentation relative to the audience.(5) Digital citizenship. The student understands human, cultural, and societal issues related to technology and practices legal and ethical behavior. The student is expected to:(A) discuss intellectual property, privacy, sharing of information, copyright laws, and software licensing agreements;(B) model ethical acquisition and use of digital information; (C) model respect of intellectual property when editing graphics, video, text, and sound files;(D) demonstrate proper etiquette, responsible use of software, and knowledge of acceptable use policies when using network resources;(E) demonstrate best practices in understanding and applying information security;(F) develop and maintain a technical documentation library in a variety of formats; and(G) investigate how technology has changed and the social and ethical ramifications of computer usage.(6) Technology operations and concepts. The student demonstrates a sound understanding of technology concepts, systems, and operations. The student is expected to:(A) demonstrate knowledge and appropriate use of input devices, operating systems, software applications, and communication and networking components;(B) select, acquire, and use appropriate digital tools;(C) delineate and make necessary adjustments regarding compatibility issues, including digital file formats and cross-platform connectivity; and(D) use appropriate technology terminology and naming conventions.</content><note type="source"><p>Source Note: The provisions of this §127.721 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.722"><num value="127.722">§127.722</num><heading>Advanced Placement (AP) Computer Science A (Two Credits)</heading><content>(a) General requirements. This course is in a career and technical education (CTE) program of study. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Algebra I or a student should be comfortable with functions and the concepts found in the uses of functional notation such as f(x) = x + 2 and f(x) = g(h(x)).(b) Content requirements. Content requirements for Advanced Placement (AP) Computer Science A are prescribed in the College Board Publication Advanced Placement Course Description: Computer Science A, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §127.722 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.723"><num value="127.723">§127.723</num><heading>Advanced Placement (AP) Computer Science Principles (One Credit)</heading><content>(a) General requirements. This course is in a career and technical education (CTE) program of study. Students shall be awarded one credit for successful completion of this course. Recommended prerequisite: Algebra I.(b) Content requirements. Content requirements for Advanced Placement (AP) Computer Science Principles are prescribed in the College Board Publication Advanced PlacementÂ® Curriculum Framework: AP Computer Science Principles, published by The College Board.</content><note type="source"><p>Source Note: The provisions of this §127.723 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.724"><num value="127.724">§127.724</num><heading>International Baccalaureate (IB) Computer Science Standard Level (Two Credits)</heading><content>(a) General requirements. This course is in a career and technical education (CTE) program of study. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Computer Science I, Algebra II.(b) Content requirements. Content requirements for IB Computer Science Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §127.724 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.725"><num value="127.725">§127.725</num><heading>International Baccalaureate (IB) Computer Science Higher Level (Two Credits)</heading><content>(a) General requirements. This course is in a career and technical education (CTE) program of study. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Computer Science I, Algebra II.(b) Content requirements. Content requirements for IB Computer Science Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §127.725 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.726"><num value="127.726">§127.726</num><heading>International Baccalaureate (IB) Digital Society Standard Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Computer Science I, Algebra II.(b) Content requirements. Content requirements for IB Digital Society Standard Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §127.726 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.727"><num value="127.727">§127.727</num><heading>International Baccalaureate (IB) Digital Society Higher Level (Two Credits)</heading><content>(a) General requirements. Students shall be awarded two credits for successful completion of this course. Recommended prerequisites: Computer Science I, Algebra II.(b) Content requirements. Content requirements for IB Digital Society Higher Level are prescribed by the International Baccalaureate Organization. Subject guides may be obtained from International Baccalaureate of North America.</content><note type="source"><p>Source Note: The provisions of this §127.727 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.735"><num value="127.735">§127.735</num><heading>Practicum in Information Technology (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. Prerequisite: a minimum of two high school information technology (IT) courses. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In the Practicum in Information Technology, students will gain advanced knowledge and skills in the application, design, production, implementation, maintenance, evaluation, and assessment of products, services, and systems. Knowledge and skills in the proper use of analytical skills and application of IT concepts and standards are essential to prepare students for success in a technology-driven society. Critical thinking, IT experience, and product development may be conducted in a classroom setting with an industry mentor, as an unpaid or paid internship, as part of a capstone project, or as career preparation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies various employment opportunities in the IT field. The student is expected to:(A) improve on a personal career plan along with education, job skills, and experience necessary to achieve career goals;(B) develop a resume that includes letters of recommendation and a portfolio appropriate to a chosen career plan; and(C) illustrate interview skills for successful job placement.(2) The student applies academic knowledge and skills to research and develop projects. The student is expected to:(A) demonstrate proper use of written, verbal, and visual communication techniques consistent with IT industry standards;(B) demonstrate proper use of mathematics concepts in the development of products or services; and(C) demonstrate proper use of science principles in the development of products or services.(3) The student selects an approach for conducting research to discover a problem in the field of IT with the appropriate supervision and guidance. The student is expected to:(A) identify a problem relating to information technology; and(B) describe and use an approach such as top-down or bottom-up for conducting a research activity.(4) The student creates a technological solution for a problem in the field of IT. The student is expected to:(A) apply critical-thinking strategies to develop a solution using appropriate technologies and resources, IT concepts, and industry standards;(B) apply decision-making techniques to the selection of technological solutions; and(C) explain how the proposed technological solution will resolve the problem.(5) The student designs, creates, and implements a product or service that addresses a problem in the field of IT and incorporates the solution. The student is expected to:(A) work closely with a mentor throughout the design, creation, and implementation process;(B) develop a product or service that meets a specified need following a problem-solving strategy;(C) identify areas where quality, reliability, and safety can be designed into a product or service;(D) develop and implement a security management plan to address security requirements;(E) develop a sustainability plan for the product or service;(F) develop an evaluation method for analyzing the effect of the product or service on client satisfaction and problem resolution;(G) develop a project portfolio that documents the research and development process; and(H) present the portfolio to a panel of professionals using formal presentation skills.(6) The student creates a personal portfolio. The student is expected to:(A) create a portfolio that documents all projects and accomplishments such as academics, volunteer experience, employment experience, awards, and certifications;(B) organize and prioritize information within the portfolio; and(C) use written, verbal, and visual communication techniques consistent with IT industry standards.</content><note type="source"><p>Source Note: The provisions of this §127.735 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.736"><num value="127.736">§127.736</num><heading>Extended Practicum in Information Technology (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Information Technology Career Cluster. Prerequisite: a minimum of two high school information technology courses. Corequisite: Practicum in Information Technology. This course must be taken concurrently with Practicum in Information Technology and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services. (3) In Extended Practicum in Information Technology, students will gain advanced knowledge and skills in the application, design, production, implementation, maintenance, evaluation, and assessment of products, services, and systems. Knowledge and skills in the proper use of analytical skills and application of IT concepts and standards are essential to prepare students for success in a technology-driven society. Critical thinking, IT experience, and product development may be conducted in a classroom setting with an instructor, with an industry mentor, or both. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student applies professional communications strategies. The student is expected to: (A) demonstrate proper use of written, verbal, and visual communication techniques consistent with IT industry standards with increased proficiency;(B) apply active listening skills to obtain and clarify information; (C) create and deliver formal and informal presentations in an effective manner; and(D) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) apply critical-thinking strategies with increased fluency to develop solutions using appropriate technologies and resources, IT concepts, and industry standards; and(C) apply decision-making techniques with increased fluency to choose a technology-based solution.(3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to:(A) demonstrate an understanding of and consistently follow IT security rules, regulations, and procedures; and(B) develop and implement security management plans to address security requirements.(4) The student understands the professional, ethical, and legal responsibilities in IT. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) describe and practice ethical and legal responsibilities associated with the field of IT; (C) show integrity by choosing the ethical course of action when making decisions; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a supervised IT experience. The student is expected to: (A) design, create, and implement a product or service that addresses a problem or meets a specified need in the field of IT; (B) identify areas where quality, reliability, and safety can be designed into a product or service; (C) develop a sustainability plan for the product or service; (D) develop an evaluation method to analyze the effect of the product or service on client satisfaction and problem resolution; and(E) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.736 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.737"><num value="127.737">§127.737</num><heading>Computer Technician Practicum (Two Credits), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Information Technology, Computer Maintenance, Computer Maintenance Lab, Networking, and Networking Lab. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills. (c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services.(3) In the Computer Technician Practicum, students will gain knowledge and skills in the area of computer technologies, including advanced knowledge of electrical and electronic theory, computer principles, and components related to the installation, diagnosis, service, and repair of computer-based technology systems. Students will reinforce, apply, and transfer their knowledge and skills to a variety of settings and problems. Proper use of analytical skills and application of IT concepts and standards are essential to prepare students for success in a technology-driven society. Critical thinking, IT experience, and product development may be conducted in a classroom setting with an instructor, with an industry mentor, or both.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student identifies various employment opportunities in the IT field. The student is expected to:(A) improve on a personal career plan along with education, job skills, and experience necessary to achieve career goals;(B) develop a resume appropriate to a chosen career plan, including letters of recommendation; and(C) illustrate interview skills for successful job placement.(2) The student relates core academic skills to the requirements of computer technologies. The student is expected to:(A) demonstrate effective verbal and written communication skills with individuals from varied cultures such as fellow workers, management, and customers;(B) complete work orders and related paperwork for repair and installation;(C) estimate supplies, materials, and labor costs for installation, maintenance, and repair work orders; and(D) read and interpret technical documentation such as schematics, drawings, charts, diagrams, technical manuals, and bulletins.(3) The student applies communication, mathematics, English, and science knowledge and skills to research and develop projects. The student is expected to:(A) demonstrate proper use of written, verbal, and visual communication techniques consistent with IT industry standards;(B) demonstrate proper use of mathematics concepts in the development of products or services; and(C) demonstrate proper use of science principles to the development of products or services.(4) The student knows the concepts and skills that form the basis of computer technologies. The student is expected to:(A) explain microprocessor theory;(B) define the use of Boolean logic in computer technologies; (C) describe the theories of magnetism, electricity, and electronics as they apply to computer systems;(D) identify proper troubleshooting techniques;(E) differentiate among digital and analog input and output electronics theories;(F) describe the architecture of various computer systems; (G) describe the function of central processing units, storage devices, peripheral devices, and microprocessor units; and(H) explain computer system environmental requirements and related control devices.(5) The student knows the proper function and application of the tools, equipment, technologies, and materials used in computer technologies. The student is expected to:(A) demonstrate safe use of equipment in computer technologies such as hand and power tools;(B) employ available reference tools, materials, and Internet sources to access information as needed;(C) demonstrate the proper handling and disposal of environmentally hazardous materials used in computer technologies; and(D) identify new and emerging technologies that may affect the field of computer technology such as quantum computing, photonics, and nanotechnology.(6) The student applies the essential knowledge and skills for computer technologies to career preparation, job shadowing, mentoring, or apprenticeship training in simulated and actual work situations. The student is expected to:(A) identify a problem relating to information technology; (B) develop a solution using appropriate technologies, IT concepts, and IT industry standards;(C) explain how the proposed technological solution will resolve the problem and the methodologies involved;(D) apply decision-making techniques to the selection of technological solutions;(E) identify areas where quality, reliability, and safety can be designed into a product or service;(F) apply critical-thinking strategies to analyze and evaluate the proposed technological solution;(G) develop a sustainability plan for the product or service;(H) select and use the appropriate technological resources to conduct, research, design, and develop activities;(I) develop the documentation of the research and development process; and(J) present the solution to a panel of professionals using formal presentation skills.(7) The student employs project management knowledge to oversee IT projects. The student is expected to:(A) implement project methodologies, including initiating, planning, executing, monitoring and controlling, and closing a project, to manage information system projects;(B) define the scope of work to achieve individual and group goals;(C) develop time and activity plans to achieve objectives; (D) implement or participate with cross-functional teams to achieve IT project goals;(E) develop and implement quality assurance test plans; and(F) create a contingency plan.(8) The student recognizes and analyzes potential IT security threats to develop and maintain security requirements. The student is expected to:(A) describe potential security threats to information systems;(B) identify the range of security needs and the problems that can occur due to security lapses;(C) develop and implement plans to address security threats;(D) document security procedures; and(E) describe the use of computer forensics in countering security threats such as IT crimes and security breaches.(9) The student provides support to computer users to maintain service. The student is expected to:(A) employ effective listening skills when working with clients to identify support needs;(B) identify customer need and formulate a support plan;(C) create queries and reports and assess critical system information;(D) employ problem-solving skills in performing support, maintenance, and repair;(E) use hardware and software diagnostics;(F) report to the user the cause of and solution to the problem; and(G) create written documentation indicating the cause of and solution to the problem.(10) The student demonstrates and applies knowledge of security risks and safeguards. The student is expected to:(A) install security software;(B) update security software; and(C) use security software to clean an infected machine.(11) The student provides support to computer users to maintain service. The student is expected to:(A) develop a written disaster recovery plan; and(B) develop a written preventive maintenance plan.(12) The student creates a personal portfolio. The student is expected to:(A) create a portfolio that documents all projects and accomplishments such as academics, volunteer experience, employment experience, awards, and certifications;(B) organize and prioritize information within the portfolio; and(C) use written, verbal, and visual communication techniques consistent with IT industry standards.</content><note type="source"><p>Source Note: The provisions of this §127.737 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scM/s127.738"><num value="127.738">§127.738</num><heading>Extended Computer Technician Practicum (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Information Technology Career Cluster. Recommended prerequisites: Principles of Information Technology, Computer Maintenance, Computer Maintenance Lab, Networking, and Networking Lab. Corequisite: Computer Technician Practicum. This course must be taken concurrently with Computer Technician Practicum and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills. (c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Information Technology (IT) Career Cluster focuses on building linkages in IT occupations for entry level, technical, and professional careers related to the design, development, support, and management of hardware, software, multimedia, and systems integration services. (3) In the Extended Computer Technician Practicum, students will gain knowledge and skills in the area of computer technologies, including advanced knowledge of electrical and electronic theory, computer principles, and components related to the installation, diagnosis, service, and repair of computer-based technology systems. Students will reinforce, apply, and transfer their knowledge and skills to a variety of settings and problems. Proper use of analytical skills and application of IT concepts and standards are essential to prepare students for success in a technology-driven society. Critical thinking, IT experience, and product development may be conducted in a classroom setting with an instructor, with an industry mentor, or both. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student applies professional communications strategies. The student is expected to: (A) demonstrate proper use of written, verbal, and visual communication techniques consistent with IT industry standards with increased proficiency;(B) analyze, interpret, and effectively communicate information; (C) apply active listening skills to obtain and clarify information; and(D) exhibit public relations skills to maintain internal and external customer/client satisfaction. (2) The student implements advanced problem-solving methods. The student is expected to employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions. (3) The student understands and applies proper safety and security techniques in the workplace. The student is expected to:(A) demonstrate an understanding of and consistently follow IT security rules, regulations, and procedures; (B) recognize and analyze potential IT security threats and address security by installing and updating security software and using security software to clean an infected machine;(C) identify the range of security needs and the problems that can occur due to security lapses with increased proficiency;(D) demonstrate safe use of computer technology equipment such as hand and power tools with increased proficiency; and(E) demonstrate the proper handling and disposal of environmentally hazardous materials used in computer technologies in a consistent manner.(4) The student understands the professional, ethical, and legal responsibilities in IT. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) describe and practice ethical and legal responsibilities associated with the field of IT; (C) show integrity by choosing the ethical course of action when making decisions; and(D) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a supervised IT experience. The student is expected to: (A) select and use the appropriate technological resources to conduct, document, and evaluate learning activities in a supervised IT experience; (B) read and interpret technical documentation such as schematics, drawings, charts, diagrams, technical manuals, and bulletins with increased fluency;(C) employ available reference tools, materials, and Internet sources with increased fluency to access information as needed; (D) develop solutions using appropriate technologies, IT concepts, and IT industry standards with increased proficiency; (E) implement project methodologies to manage information system projects; and(F) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.738 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scN"><num value="N">SUBCHAPTER N</num><heading>LAW AND PUBLIC SERVICE</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.746"><num value="127.746">§127.746</num><heading>Principles of Law, Public Safety, Corrections, and Security (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Principles of Law, Public Safety, Corrections, and Security introduces students to professions in law enforcement, protective services, corrections, firefighting, and emergency management services. Students will examine the roles and responsibilities of police, courts, corrections, private security, and protective agencies of fire and emergency services. The course provides students with an overview of the skills necessary for careers in law enforcement, fire service, protective services, and corrections.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student achieves academic knowledge and skills required for career and postsecondary education opportunities associated with the career field. The student is expected to:(A) apply English language arts knowledge and skills required for career and postsecondary education opportunities;(B) apply mathematics knowledge and skills required for career and postsecondary education opportunities; and(C) apply science knowledge and skills for career and postsecondary education associated with the career field.(2) The student uses communication skills in creating, expressing, and interpreting information and ideas, including technical terminology and information. The student is expected to:(A) evaluate effective use of grammar to develop verbal communication skills;(B) differentiate among speaking strategies used to communicate specific ideas to various audiences;(C) interpret voice quality and delivery to analyze verbal communication; and(D) demonstrate effective interpersonal skills necessary to communicate with coworkers and the public.(3) The student formulates ideas, proposals, and solutions to address problems related to the career field in order to ensure effective and efficient delivery of services. The student is expected to:(A) use analytical skills to formulate ideas, proposals, and solutions to problems;(B) formulate ideas, proposals, and solutions to ensure delivery of services; and(C) use critical-thinking skills to solve ethical issues identified in the career field.(4) The student implements measures to maintain safe and healthful working conditions in a law and public safety environment. The student is expected to:(A) identify, analyze, and evaluate the dangers associated with the different career fields; (B) create and recommend strategies for issues related to the safety and health of employees based on an assessment of a simulated workplace environment;(C) discuss methods for safe handling of hazardous materials;(D) discuss the importance of good health and physical fitness; and(E) demonstrate first aid, cardiopulmonary resuscitation, and automated external defibrillator procedures.(5) The student analyzes the legal responsibilities associated with roles and functions within law, public safety, corrections, and security organizations to demonstrate a commitment to professional and ethical behavior. The student is expected to:(A) examine real-world situations involving ethical dilemmas and professional conduct;(B) explain laws, regulations, and policies that govern professionals; and(C) recommend a strategy for responding to an unethical or illegal situation.(6) The student recognizes the importance of interagency cooperation. The student is expected to:(A) discuss the importance of police, fire, emergency medical services, court, corrections, and security systems working together to protect the public;(B) examine the roles and responsibilities of first responders;(C) identify jurisdictional problems that may arise as multiple agencies work together; and(D) differentiate the roles of private security and public law enforcement agencies.(7) The student understands the historical and philosophical development of criminal law. The student is expected to:(A) identify the sources and origin of law in the United States;(B) explain the impact of the U.S. Constitution and Bill of Rights on criminal law in regard to the rights of citizens;(C) differentiate between crimes classified as felonies or misdemeanors and the punishments for each;(D) analyze the essential elements and classifications of a crime;(E) identify problems commonly associated with the enforcement of criminal laws; and(F) identify the process by which laws are enacted.(8) The student identifies the roles of the public safety professional. The student is expected to:(A) identify career opportunities in federal, state, county, and municipal law enforcement agencies;(B) identify the education and training required for various levels of law enforcement;(C) discuss the history of policing in the United States;(D) identify the roles and responsibilities of law enforcement professionals;(E) analyze the impact of constitutional law on police as it relates to arrest, use of force, searches, and seizure;(F) examine the role of emergency medical services in public safety; and(G) identify how public safety professionals manage the stress related to these jobs.(9) The student identifies the roles and functions of court systems. The student is expected to:(A) identify career opportunities in the court systems;(B) identify the levels and functions of criminal courts;(C) examine the roles of the courtroom work groups such as judges, prosecutors, defense counsel, and bailiffs;(D) explain pretrial and courtroom procedures; and(E) identify types of sentencing and sentencing rules.(10) The student identifies the roles and functions of the correctional system. The student is expected to:(A) explain career opportunities available in the correctional system, including probation and parole;(B) explain the duties and responsibilities of correctional officers;(C) recognize the history of prisons in the United States;(D) explain the differences between jails and prisons;(E) identify the levels of security in prisons and jails; and(F) explain the constitutional rights of inmates in prisons and jails.(11) The student identifies the roles and functions of private security systems and agencies. The student is expected to:(A) explain the career opportunities available in private security;(B) discuss the history and importance of private security in the United States; and(C) examine the relationship between private security and public safety agencies.(12) The student identifies the roles and functions of fire protection services. The student is expected to:(A) identify the career opportunities in fire protection services;(B) explain the duties and responsibilities of firefighters; (C) recognize the importance of the operation of 911 and computer-aided dispatch systems; and(D) explain the relationships among police, fire, and emergency medical services.(13) The student identifies the roles and functions of student community organizations that support or provide additional information and guidance to those interested in law, public safety, corrections, and protective services. The student is expected to:(A) research and participate in community organizations such as SkillsUSA, Law Enforcement Explorer Scouts, and National Technical Honor Society; and(B) identify community outreach organizations such as Citizens on Patrol; local student police organizations; or national student police organizations.</content><note type="source"><p>Source Note: The provisions of this §127.746 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.747"><num value="127.747">§127.747</num><heading>Correctional Services (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Law, Public Safety, Corrections, and Security. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) In Correctional Services, students prepare for certification required for employment as a municipal, county, state, or federal correctional officer. Students will learn the role and responsibilities of a county or municipal correctional officer; discuss relevant rules, regulations, and laws of municipal, county, state, or federal facilities; and discuss defensive tactics, restraint techniques, and first aid procedures as used in the municipal, county, state, or federal correctional setting. Students will analyze rehabilitation and alternatives to institutionalization for inmates.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student researches the history of correctional services in the municipal, county, state, or federal setting. The student is expected to:(A) examine the history of corrections such as municipal, county, state, and federal;(B) examine the rules of conduct and disciplinary action guidelines for employees of municipal, county, state, or federal correctional facilities;(C) analyze personal responsibilities, including preferences, to determine requirements for employment in municipal, county, state, or federal correctional services; and(D) effectively search methods to locate potential employment opportunities in municipal, county, state, or federal correctional services.(2) The student recognizes professional standards and ethical responsibilities in the municipal, county, state, or federal correctional facilities. The student is expected to:(A) identify employer expectations such as effective verbal communication skills; professional conduct; knowledge of laws, regulations, and policies; punctuality and attendance; initiative; cooperation; time management; and sensitivity to and value for diversity; (B) identify professional standards in municipal, county, state, or federal correctional facilities such as dress, grooming, and personal protective equipment as appropriate; and leadership and teamwork when collaborating with others to accomplish goals and objectives; and(C) analyze the ethical responsibilities of correctional officers to ensure protections of rights.(3) The student uses verbal communication skills necessary for municipal, county, state, or federal correctional officers. The student is expected to:(A) define technical concepts and vocabulary associated with municipal, county, state, or federal correctional services through effective verbal communication; and(B) contribute to group discussions and meetings by demonstrating active listening and effective speaking skills.(4) The student performs active listening skills to obtain and clarify information. The student is expected to:(A) apply listening skills to obtain and clarify information provided in verbal communication; and(B) demonstrate communication skills to explain the meaning of technical vocabulary concepts related to correctional services. (5) The student uses first aid, infection control, and cardiopulmonary resuscitation in a correctional facility. The student is expected to:(A) demonstrate first aid procedures, cardiopulmonary resuscitation, and automated external defibrillator use in a simulated emergency situation;(B) comply with standard precautions as they relate to infection control; and(C) use special requirements for handling hazardous materials to maintain a safe working environment.(6) The student recognizes constitutional laws and laws of correctional systems. The student is expected to:(A) apply constitutional laws, including laws of arrest, to execute official correctional service duties while respecting citizen rights;(B) explore the impact of the U.S. legal system on the correctional system;(C) differentiate between the civil and criminal justice systems and explain how change impacts correctional services;(D) use the appropriate techniques to manage crisis situations to protect individuals and society;(E) execute protocols associated with arrest, search, and seizure using the statutes set forth by the Fourth Amendment;(F) summarize the rights of an individual being interrogated under the Fifth Amendment;(G) examine trial, jury, and due process rights; and(H) state the conditions under which citizens and non-citizens of the United States may be interrogated in the correctional environment. (7) The student models behaviors during interactions with prisoners that demonstrate concern for individuals with disabilities. The student is expected to:(A) apply the appropriate procedures for use with individuals who have mental disorders, physical disabilities, communication disorders, and atypical behaviors;(B) execute protocols to provide appropriate assistance to people with disabilities and impairments; and(C) analyze the impact of the Americans with Disabilities Act on inmates and correctional staff.(8) The student uses conflict resolution skills and knowledge to resolve conflicts among individuals in correctional environments. The student is expected to:(A) examine the origins of conflict and the needs that motivate behavior;(B) analyze different responses to conflict and the results generated;(C) use principle-centered conflict resolution processes in order to resolve conflicts; and(D) interpret visual and vocal cues to comprehend information received such as from body language, eye movement, voice tone, and voice inflection.(9) The student analyzes hostile situations and executes conflict management strategies to take charge of problems that arise in correctional settings. The student is expected to:(A) review security post procedures in a correctional facility;(B) explain the importance of a perimeter security system;(C) appraise situations and select the appropriate degree of force;(D) complete steps involved in pre-event planning to respond to crisis situations; and(E) perform appropriate crisis management to protect individual and societal rights.(10) The student applies technical skill procedures of correctional staff to effectively manage day-to-day operations of correctional facilities. The student is expected to:(A) demonstrate knowledge of policies and procedures for inmate supervision and discipline;(B) demonstrate protocol designed to restrain individuals placed into custody without violating personal rights or jeopardizing personal safety;(C) develop emergency plans and procedures for correctional facilities;(D) describe the process for providing food services and the critical elements to ensure an effective operation;(E) describe the steps for processing inmates such as reception, orientation, and classification;(F) conduct a simulated parole interview;(G) analyze prisoner re-entry programs and the effect of the programs on the community; and(H) describe the importance of public relations as related to communities and citizens.(11) The student identifies basic organizational models for municipal, county, state, or federal correctional facilities and the officer's role in maintaining order and safety. The student is expected to:(A) identify three primary models of detention facilities; (B) identify the role and core responsibilities of the officer in the detention facility; and(C) recognize issues involving prisoners' constitutional rights.(12) The student recognizes issues related to human behavior and relations in a detention facility. The student is expected to:(A) identify the importance of ethical judgment and behavior in the criminal justice system;(B) recognize issues involved with human relations between staff and prisoners;(C) compare and contrast stress and stress-related issues for correctional personnel;(D) evaluate the process of promoting cultural awareness at a municipal, county, state, or federal facility; and(E) identify state and federal laws related to civil rights, sexual harassment, and liability issues for detention personnel.(13) The student identifies methods of screening for and addressing injurious prisoner behavior. The student is expected to:(A) identify various methods of screening for suicide risks;(B) recognize procedures for preventing suicide among prisoners and for responding to suicide attempts; and(C) identify various methods for determining, classifying, and dealing with intoxicated prisoners in the correctional setting.(14) The student recognizes intake procedures for a detention facility. The student is expected to:(A) identify general booking procedures such as basic orientation procedures, fingerprinting, report writing, and documentation of prisoner information;(B) identify steps in the prisoner admission process; and(C) recognize the process for releasing prisoners.(15) The student recognizes various inmate health care issues and processes. The student is expected to:(A) identify issues and symptoms involving persons with a variety of mental impairments at a detention facility;(B) identify questions to ask when screening prisoners for mental illness and recognize methods for interacting and communicating with prisoners who may be mentally ill;(C) recognize processes for maintaining inmate health records and understand health risks of communicable diseases; and(D) recognize legal aspects of health care in a detention facility.(16) The student identifies methods of providing various prisoner services. The student is expected to identify processes for issuing prisoner supplies and recognize issues involving prisoner food service, visitations, prisoner correspondence, and telephone usage.(17) The student recognizes prisoner and facility security protocols. The student is expected to:(A) identify issues involving inmate counts;(B) demonstrate procedures for inventorying prisoner's property;(C) identify the process of searching male and female prisoners;(D) identify the processes and procedures for searching cells and common areas within a correctional facility; and(E) identify issues involving facility security.(18) The student recognizes the appropriate actions to take in emergency situations at a detention facility. The student is expected to:(A) identify procedures for responding to a riot and disturbance in a municipal, county, state, or federal correctional facility;(B) identify procedures for responding to events such as assaults, fires, medical emergencies, prisoner escapes, and hostage situations;(C) recognize issues in dealing with disruptive inmates and groups; and(D) identify procedures for escape attempts and escapes.(19) The student identifies report-writing methods and courtroom procedures. The student is expected to:(A) identify the process involved with writing reports;(B) identify appropriate courtroom attire and demeanor; and(C) recognize procedures for preparing for courtroom testimony.(20) The student evaluates situations requiring the use of force. The student is expected to:(A) demonstrate the use of the force continuum in simulated situations requiring varied degrees of force; and(B) explain the guidelines and restrictions imposed by state and federal governments related to the use of deadly force.(21) The student analyzes procedures and protocols for self-defense in homeland security and protective services. The student is expected to demonstrate self-defense and defensive tactics such as ready stance and escort positions, strikes, kicks, punches, handcuffing, and searching.</content><note type="source"><p>Source Note: The provisions of this §127.747 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.748"><num value="127.748">§127.748</num><heading>Firefighter I (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Law, Public Safety, Corrections, and Security. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Firefighter I introduces students to firefighter safety and development. Students will analyze Texas Commission on Fire Protection rules and regulations, proper incident reporting and records, proper use of personal protective equipment, and the principles of fire safety.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses communication skills as related to fire management. The student is expected to:(A) demonstrate the use of speech and written communication platforms common to fire management services;(B) practice steps involved in using radio communication for fire management;(C) apply the Incident Command System to manage emergencies; and(D) apply protocols in emergency management response when working at an accident scene.(2) The student executes safety procedures and protocols associated with fire management services. The student is expected to:(A) apply local, state, and federal regulations pertaining to safety issues;(B) apply protocols for handling hazardous materials at the awareness level; and(C) practice personal safety procedures.(3) The student comprehends the steps to develop an institutional professional growth plan to develop team building and leadership skills common for fire management systems. The student is expected to:(A) recognize techniques for functioning within a group environment; and(B) demonstrate model leadership within fire management.(4) The student applies laws, ordinances, regulations, and rules as defined by the Texas Commission on Fire Protection Certification Curriculum Manual to perform duties within a set of rules or protocols. The student is expected to:(A) identify the correct laws and rules applicable to basic firefighter certification by the Texas Commission on Fire Protection;(B) review the Texas Commission on Fire Protection requirements for certification as a basic firefighter as stated in the Standards Manual for Fire Protection Personnel;(C) identify the various levels of firefighter certifications by the Texas Commission on Fire Protection as stated in the Standards Manual for Fire Protection Personnel;(D) identify the levels of instructor certification by the Texas Commission on Fire Protection as stated in the Standards Manual for Fire Protection Personnel; and(E) describe responsibilities of a firefighter as required by the National Fire Protection Association 1500: Standard on Fire Department Occupational Safety and Health Program.(5) The student describes the stages of a fire, the process of combustion, and the appropriate action to be taken for extinguishment. The student is expected to:(A) describe the four products of combustion commonly found in structural fires that create a life hazard;(B) define terms such as fire, flash point, ignition temperature, fire point, flammable (explosive) range, boiling point, oxidation, pyrolysis, reducing agent, vaporization, combustion, vapor density, and specific gravity;(C) describe the process of thermal layering that occurs in structural fires and how to avoid disturbing the normal layering of heat;(D) define fire triangle and fire tetrahedron;(E) describe heat energy sources such as chemical, electrical, mechanical, and nuclear;(F) identify the stages of fire development;(G) explain the special conditions that occur during a fire's growth such as flameover, rollover, flashover, thermal layering, and backdraft; and(H) identify the units of heat measurement and how to convert units.(6) The student describes the methods of heat transfer. The student is expected to:(A) describe methods of heat transfer such as conduction, convection, and radiation; and(B) describe examples of heat transfer in fire emergencies such as conduction, convection, and radiation.(7) The student analyzes the physical states of matter in which fuels are commonly found. The student is expected to:(A) describe the physical states of matter in which fuels are commonly found such as solid, liquid, and gaseous fuels;(B) explain terms related to the combustion process such as specific gravity, vapor density, and the theory of surface-to-mass ratio; and(C) identify narcotic asphyxiant gases and irritants common in smoke.(8) The student comprehends the fire extinguishment theory. The student is expected to:(A) describe the fire extinguishment theory; and(B) analyze methods of extinguishment such as temperature reduction, fuel removal, oxygen exclusion, and inhibiting chemical reaction.(9) The student describes the characteristics of water as it relates to fire extinguishing potential. The student is expected to:(A) explain the law of thermodynamics as it relates to specific heat, latent heat, and heat flow; and(B) compare the advantages and disadvantages of water as an extinguishing agent.(10) The student analyzes the internal systems that sustain life in the human body and identifies the physical requirements of a self-contained breathing apparatus wearer. The student is expected to:(A) describe the internal systems that sustain life in the human body such as the respiratory and cardiovascular systems;(B) describe the National Fire Protection Association standards applicable to the self-contained breathing apparatus;(C) identify the firefighter's physical requirements for wearing a self-contained breathing apparatus;(D) identify respiratory hazards during firefighting that require the use of respiratory protection;(E) identify the different types of self-contained breathing apparatus; and(F) describe the safety features and function of the open circuit self-contained breathing apparatus.(11) The student demonstrates confidence in performing firefighting skills while wearing a self-contained breathing apparatus. The student is expected to:(A) identify the safety requirements when using the self-contained breathing apparatus;(B) describe how to calculate the air supply duration in the cylinder;(C) describe the safety rules when wearing the self-contained breathing apparatus;(D) describe the uses and limitations of the self-contained breathing apparatus;(E) demonstrate the various methods of donning and doffing the self-contained breathing apparatus while wearing protective clothing;(F) demonstrate the replacement of an expended cylinder on a self-contained breathing apparatus assembly with a full cylinder;(G) demonstrate rescue procedures without compromising the rescuer's respiratory protection such as rescuing a firefighter with functioning respiratory protection, a firefighter without functioning respiratory protection, or a civilian without respiratory protection;(H) perform firefighting skills while wearing the self-contained breathing apparatus with a fully charged cylinder;(I) demonstrate the use of the self-contained breathing apparatus to manage a restricted passage in conditions of obscured visibility; and(J) demonstrate emergency procedures to be used in the event of failure of the self-contained breathing apparatus.(12) The student demonstrates inspection, care, and testing procedures for the self-contained breathing apparatus. The student is expected to:(A) document routine maintenance for the self-contained breathing apparatus; and(B) describe the use of an air supply system for recharging an air cylinder and cylinder testing maintenance of a self-contained breathing apparatus.(13) The student identifies the types and components of fire service protective clothing and personal protective equipment. The student is expected to:(A) identify the various types of fire service protective clothing;(B) identify the different components of structural firefighting protective equipment and their functions;(C) demonstrate the correct procedures for inspection and maintenance of personal protective equipment;(D) describe the limitations of personal protective equipment in providing protection to firefighters;(E) explain the physical limitations of a firefighter working in a personal protective ensemble; and(F) demonstrate the donning and doffing of personal protective equipment such as helmet with eye protection, hood, boots, gloves, protective coat and trousers, self-contained breathing apparatus, and personal alert safety system device.(14) The student demonstrates the proper testing and operation of a personal alert safety system device. The student is expected to:(A) explain the proper operation of a personal alert safety system; and(B) demonstrate the proper testing of a personal alert safety system.(15) The student recognizes all aspects of the fire department organization. The student is expected to:(A) identify aspects of the fire department organization;(B) explain the firefighter's role as a member of the fire department;(C) analyze the rules and regulations common to most fire departments;(D) identify the mission of the fire service and of the local fire department according to the authority having jurisdiction; (E) describe the function of a standard operating system and the responsibilities of a firefighter relating to compliance with the provisions of occupational safety and health programs; and(F) explain the components of a member assistance program. (16) The student recognizes common types of accidents and injuries and their causes. The student is expected to:(A) describe the elements of a personnel accountability system and the application of the system at an incident;(B) identify potential long-term firefighter health considerations of exposure to products of combustion;(C) identify common types of accidents or injuries such as those occurring at the emergency scene, responding to and returning from calls on fire apparatus, in personal vehicles, at the fire station, at other on-duty locations, and during training; and(D) demonstrate techniques for action when trapped or disoriented in a fire situation or in a hostile environment.(17) The student describes the handling of different types of accidents and hazards. The student is expected to:(A) describe the procedures for terminating utility services to a building;(B) explain hazards that exist and describe procedures to be used in electrical emergencies;(C) describe the safe handling and operation of hand and power tools;(D) describe safety procedures for fire service lighting equipment such as power supply (portable or mounted), lights, cords, and connectors; and(E) recognize the procedures for the use of safety equipment such as seat belts, ear protection, eye protection, and other safety equipment provided for protection while riding on apparatus. (18) The student identifies safety procedures for ensuring a safe environment. The student is expected to:(A) identify protective equipment and describe its uses;(B) recognize traffic and scene control devices;(C) identify structure fire and roadway emergency scene potential hazards;(D) describe solutions to mitigate potential hazards; and(E) describe procedures for safe operation at emergency scenes.</content><note type="source"><p>Source Note: The provisions of this §127.748 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.749"><num value="127.749">§127.749</num><heading>Firefighter II (Three Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Firefighter I. Recommended prerequisite: Principles of Law, Public Safety, Corrections, and Security. Students shall be awarded three credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Firefighter II is the second course in a series for students studying firefighter safety and development. Students will understand Texas Commission on Fire Protection rules and regulations, proper incident reporting and records, proper use of personal protective equipment, and the principles of fire safety. Students will demonstrate proper use of fire extinguishers, ground ladders, fire hoses, and water supply apparatus systems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student uses information technology applications as they pertain to fire management situations. The student is expected to:(A) apply protocols for managing emergency situations using radio equipment, computer technology, and public address and warning systems; and(B) demonstrate use of word-processing and spreadsheet software in fire management services.(2) The student evaluates behaviors, strategies, and protocols that demonstrate an understanding of duties while responding to a variety of emergency incidents. The student is expected to:(A) identify response procedures to emergency incidents; and(B) apply response procedures to simulated emergency incidents.(3) The student describes the characteristics and applications for the classes of extinguishers. The student is expected to:(A) identify the classification of types of fires as they relate to the use of portable fire extinguishers and the materials involved in each class of fire;(B) identify the appropriate fire extinguisher for each class of fire;(C) identify and describe fire extinguisher characteristics and operations; and(D) describe and demonstrate the operation of fire extinguishers using Pull Aim Squeeze Sweep (PASS).(4) The student explains the purpose of the National Fire Protection Association standards applicable to fire service ground ladders. The student is expected to:(A) identify the materials used in ladder construction and the features;(B) describe and demonstrate inspection and maintenance procedures for different types of ground ladders and describe procedures for conducting an annual service test on ground ladders;(C) identify the load capacities for ground ladders;(D) identify and select a ladder for a given task;(E) demonstrate raising and positioning ground ladders;(F) describe and demonstrate securing a ladder;(G) explain and demonstrate proper ladder climbing techniques while transporting tools and equipment or assisting a person with a simulated injury; and(H) demonstrate the deployment of a roof ladder on a pitched roof.(5) The student describes the purpose of the National Fire Protection Association standards applicable to fire service hoses and reviews the procedures for care, maintenance, and inspection of fire hoses, couplings, nozzles, and water valves. The student is expected to:(A) identify and describe the use and construction of fire hoses and couplings;(B) explain the application of each size and type of hose on a pumper as required to be carried by National Fire Protection Association 1901;(C) demonstrate the methods of connecting fire hose couplings;(D) demonstrate the one- and two-person methods of connecting, dismantling, and rolling various sizes of hose lines;(E) demonstrate advancing dry hose lines and charged attack lines of different sizes;(F) demonstrate methods of hose load finishes;(G) describe and demonstrate extending a section of hose and replacing damaged sections of hose using proper safety equipment such as clothing for performing overhaul activities; and(H) describe the methods of washing and drying a fire hose. (6) The student explains requirements for the production of effective fire streams. The student is expected to:(A) identify, define, and demonstrate characteristics of fire streams;(B) identify the type, design, operation, required nozzle pressure, and flow of a given selection of nozzles and tips;(C) demonstrate the proper use of nozzles, hose appliances, water valves, adapters, and tools;(D) identify various types of nozzles and their components; and(E) identify terms relating to the principles of fire service hydraulics. (7) The student identifies water supply sources and methods to move water from the supply source to the fire. The student is expected to: (A) describe the operation of fire hydrants such as fully opened fire hydrants and closed fire hydrants;(B) identify the National Fire Protection Association hydrant color code;(C) describe making a hydrant-to-pumper connection;(D) explain the hazards involved when the hydrant-to-pumper connection is not properly sealed; and(E) describe the apparatus, equipment, and appliances required to provide water at rural locations.(8) The student explains the duties of a firefighter after a fire. The student is expected to:(A) explain how debris is handled from fires, including house fires and chemical fires;(B) describe the duties for gathering information that may lead to the determination of the fire cause;(C) identify the proper procedure for restoration of the premises after a fire; and(D) describe the duties for fire and security surveillance during and after the fire.</content><note type="source"><p>Source Note: The provisions of this §127.749 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.750"><num value="127.750">§127.750</num><heading>Law Enforcement I (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Law, Public Safety, Corrections, and Security. Students shall be awarded one credit for successful completion of this course. (c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Law Enforcement I is an overview of the history, organization, and functions of local, state, and federal law enforcement. Students will understand the role of constitutional law at local, state, and federal levels; the U.S. legal system; criminal law; and law enforcement terminology and the classification and elements of crime.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores the legal authorities pertaining to law enforcement officers' use of force. The student is expected to:(A) identify key terminology relating to the use of force and explain the legal authorities and the justification for use of force;(B) analyze the deciding factors for use of force when effecting an arrest;(C) analyze circumstances that are high risks for officers; (D) analyze various force options or alternatives to increase the student's awareness of various force options or alternatives available to peace officers;(E) discuss force options available to peace officers; and(F) examine elements that an officer must recognize and control in every encounter. (2) The student uses verbal and nonverbal communication skills necessary for law enforcement. The student is expected to:(A) relate the meaning of technical concepts and vocabulary associated with law enforcement;(B) interpret facial expressions, voice quality and delivery, gestures, and body positioning as related to nonverbal communication; (C) interpret voice quality and delivery such as combination of pitch, tone, and wording;(D) recognize diversity in culture;(E) employ active listening skills; and(F) contribute to group discussions and meetings.(3) The student demonstrates a working knowledge of the laws, methods, and techniques relative to accident investigation:(A) produce a crash report involving two or more vehicles in an accident;(B) apply laws associated with accident investigation;(C) research procedures for responding to an accident scene and how to maintain control of an accident scene; and(D) demonstrate how to maintain traffic control at an accident scene. (4) The student understands ethical behavior standards required for law enforcement personnel. The student is expected to:(A) explain the role of the U.S. Constitution in relation to the development and implementation of law enforcement;(B) evaluate individual ethical behavior standards;(C) analyze legal and ethical behavior standards protecting citizens' constitutional rights;(D) demonstrate strategies to enhance public trust; and(E) explain the mission of law enforcement in protecting a democratic society.(5) The student explores the U.S. legal system and the requirements for law enforcement. The student is expected to:(A) explain how citizens are protected by constitutional laws of local, state, and federal courts;(B) analyze the impact of Supreme Court decisions such as Mapp v. Ohio, Terry v. Ohio, and Tennessee v. Garner;(C) analyze the similarities, differences, and interactions between local, state, and federal court systems;(D) illustrate the progression of a case as it moves through local, state, and federal jurisdictions; and(E) compare the characteristics of civil and criminal court systems.(6) The student analyzes custody and interrogation as they relate to the U.S. Supreme court decision in Miranda v. Arizona. The student is expected to:(A) demonstrate the application of the constitutional rights, using the Miranda warning requirements for both adult and juvenile suspects;(B) explain the additional requirements above the Miranda warnings for juvenile suspects, offenders, and witnesses; and(C) demonstrate a non-custodial and custodial interview and interrogation.(7) The student analyzes procedural and substantive criminal law. The student is expected to:(A) define crime categories and respective punishments according to the Texas Penal Code;(B) analyze the elements of criminal acts according to Texas laws, including Alcoholic Beverage Code, Family Code, Penal Code, Health and Safety Code, and Criminal Code of Procedure;(C) differentiate mala prohibita and mala in se; and(D) analyze types of criminal defenses.(8) The student analyzes law related to victims and witnesses. The student is expected to:(A) analyze the rights of victims of crimes and witnesses to crime laws such as the Victim and Witness Protection Act of 1982, the Victims of Crime Act of 1984, the Victim's Rights and Restitution Act, the Child Victims' Bill of Rights of 1990, and the Victim Rights Clarification Act of 1997;(B) analyze the psychological, social, and economic impact of crime on the victim such as:(i) identifying the elements of a crisis reaction, the phases of a victim's reaction to a crime, the ripple effect of crime victimization, and crisis intervention; and(ii) identifying and discussing the potential for secondary victimization by the criminal justice system and how to avoid it; and (C) identify statutory responsibilities relating to victims' rights such as:(i) identifying the legal basis of law enforcement's responsibilities to victims' rights;(ii) summarizing legal requirement for providing victims written notice; and(iii) explaining rights granted to victims of crime. (9) The student executes protocols and procedures protecting the rights of juvenile offenders and victims. The student is expected to:(A) discuss juvenile law as it relates to the steps in processing status offenses of juveniles; and(B) demonstrate the procedure for holding conferences with juveniles and parents or guardians.(10) The student analyzes the steps in handling family violence calls involving Temporary Ex Parte Protective Orders, Protective Orders, and Magistrate's Orders for Emergency Protection and the procedures for responding to family violence. The student is expected to:(A) understand the dynamics and legal issues of family violence and child abuse such as:(i) explaining common characteristics of family violence offenders and describing the cycle of abuse phases;(ii) discussing the types of abuse often occurring in family violence incidences, explaining some barriers victims face when attempting to leave an abusive relationship; and(iii) defining terminology associated with family violence related to Texas Family Code, Title 4, for Protective Orders and Family Violence; and (B) evaluate the recommended steps in handling family violence calls involving Temporary Ex Parte Protective Orders, protective orders, and Magistrate's Order for Emergency Protection such as:(i) identifying the legal requirements for investigation of domestic abuse and child abuse or neglect and medical treatment and examinations for both;(ii) designing a plan on how to handle family violence situations and procedures for conducting preliminary investigations; and(iii) demonstrating how to provide and explain community resources and referrals to victims of family violence. (11) The student explains laws associated with the Texas Health and Safety Code. The student is expected to:(A) identify current commonly abused drugs in society;(B) research the effects of substances as it applies to the Texas Health and Safety Code; and(C) summarize the procedures for handling drugs, dangerous drugs, and controlled substances.(12) The student summarizes the philosophy and concepts that influence the development and implementation of a community-oriented police program. The student is expected to:(A) define community-oriented policing; and(B) evaluate the skills needed to be a successful community-oriented police officer.(13) The student uses field note-taking and report-writing skills to complete a police call sheet, an incident report, and a supplemental report. The student is expected to:(A) describe the components of a police call sheet, an incident report, and a supplemental report;(B) explain why a police call sheet, an incident report, and a supplemental report are legal documents;(C) demonstrate obtaining the appropriate information for a police call sheet, an incident report, and a supplemental report; and(D) write a police call sheet, an incident report, and a supplemental report using clear, concise, and legible entries.(14) The student analyzes reasonable suspicion and probable cause for motor vehicle traffic stops. The student is expected to:(A) apply techniques used to assess risk in vehicle stops;(B) understand and analyze traffic laws contained in the Texas Transportation Code and their applications;(C) execute a simulated misdemeanor traffic stop using the seven-step violator contact method;(D) execute a simulated felony traffic stop with one and two patrol units;(E) identify if a traffic law has been violated according to the Texas Transportation Code regarding a driving situation; and(F) identify the regulations relating to arrest, charging procedures, notices, and promises to appear. (15) The student employs procedures to protect, document, and process a crime scene. The student is expected to:(A) demonstrate how to lift and preserve developed latent prints from a simulated crime scene; and(B) demonstrate how to photograph, sketch, search, collect, document, and protect the crime scene area for further investigation. (16) The student demonstrates and applies a working knowledge of the detection, apprehension, and arrest of an intoxicated driver. The student is expected to:(A) explain the laws related to driving while intoxicated and related offenses; and(B) discuss the development of "reasonable suspicion" for the intoxicated driver stop and temporary detention.(17) The student demonstrates a working knowledge of a tactical entry into a residence and building safely. The student is expected to:(A) describe techniques officers can use to safely approach a residence or building;(B) explain techniques to safely enter and search a residence or building;(C) demonstrate the correct techniques for entering a doorway and searching a room(s); and(D) demonstrate methods for clearing buildings or residences and techniques used when suspects are found inside a building or residence.</content><note type="source"><p>Source Note: The provisions of this §127.750 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.751"><num value="127.751">§127.751</num><heading>Law Enforcement II (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Law Enforcement I. Students shall be awarded one credit for successful completion of this course. (c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Law Enforcement II provides the knowledge and skills necessary to prepare for a career in law enforcement. Students will understand ethical and legal responsibilities, patrol procedures, first responder roles, telecommunications, emergency equipment operations, and courtroom testimony.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student achieves the academic knowledge and skills required to prepare for postsecondary education and a career in law enforcement. The student is expected to:(A) demonstrate the use of communication skills to evaluate body language, gestures, verbal tone, and inflection;(B) apply interpersonal communication skills;(C) apply writing skills to facilitate effective field note taking and report writing such as police incident reports;(D) create various scenarios that use patrol tactics to effect an arrest; and(E) demonstrate appropriate use of law, public safety, corrections, and security terminology. (2) The student uses telecommunications equipment. The student is expected to:(A) support the use of telecommunication mobile and handheld radio systems and current technology;(B) formulate simulated radio communications using phonetic alphabet and common terminology;(C) conduct simulated radio and data communications using mobile data computers and handheld radios;(D) evaluate safety concerns with the use of telecommunications equipment, including when in the presence of non-first responders and while operating vehicles;(E) explain the need of prioritizing calls for service; and(F) identify the procedures used during emergency communications incidents such as hostage incidents and active pursuits. (3) The student presents testimony in legal proceedings in accordance with courtroom procedures. The student is expected to:(A) explain the roles of the courtroom work group;(B) analyze the importance of reviewing field notes, reports, and evidence prior to pre-trial meeting;(C) apply proper explanation for the introduction of evidence for admission into a trial;(D) analyze effective courtroom testimony;(E) demonstrate an understanding of the importance of professionalism in demeanor and attire as a witness; and(F) discuss the importance of a pre-trial meeting with a prosecutor. (4) The student recognizes the importance of using interpersonal communication techniques to resolve conflicts and reduce anger. The student is expected to:(A) examine interpersonal communication techniques used in law enforcement;(B) distinguish between passive, passive-aggressive, aggressive, and assertive behavior;(C) discuss strategies for dealing with difficult people; and(D) examine factors that contribute to a person's hostility.(5) The student examines the techniques used to manage crisis situations and maintain public safety. The student is expected to:(A) demonstrate crisis negotiations to promote the safety of individuals and the general public;(B) participate in a simulated scenario as a crisis negotiation team member;(C) demonstrate effective communication techniques in a simulated crisis negotiation;(D) examine hostage safety considerations during a simulated crisis negotiation; and(E) differentiate between public safety and individual rights during crisis negotiation.(6) The student understands techniques to foster public cooperation for victims in a variety of law enforcement situations. The student is expected to:(A) demonstrate procedures for advising crime victims' legal recourse;(B) explain step-by-step court procedures for suspects, victims, and witnesses entering the system;(C) explain the procedures for providing appropriate assistance to individuals with disabilities such as autism, Alzheimer's disease, hearing impairment, visual impairment, and mobility impairment;(D) define the steps involved in conducting the preliminary investigation of specialized crimes such as hate crimes, bullying, sexual harassment, and terroristic threat;(E) analyze the elements of conducting a death notification; and(F) interpret legal requirements of law enforcement to victims of crime. (7) The student analyzes procedures and protocols for domestic violence. The student is expected to:(A) recognize techniques to enforce domestic violence laws;(B) diffuse a simulated domestic violence incident; and(C) apply laws in making an arrest.(8) The student explores civil law enforcement procedures for serving writs, warrants, and summons. The student is expected to:(A) research civil law procedures such as attachment, garnishment, claim, and delivery;(B) identify limits on use of force and entry to private property during civil process service;(C) differentiate among domestic violence protective orders, no-contact orders, and orders to pick up children; and(D) identify requirements for emergency mental health evaluation. (9) The student analyzes local and state law enforcement procedures pertaining to alcohol and beverage laws. The student is expected to:(A) explain alcohol and beverage laws and procedures controlling illegal sales and consumption;(B) define alcoholic beverages;(C) differentiate between legal and illegal alcohol sales; and(D) identify circumstances under which alcoholic beverages may be legally consumed.(10) The student explores laws and procedures to enforce violations of driving while intoxicated and driving under the influence. The student is expected to:(A) execute and interpret tests related to driving under the influence such as the National Traffic Highway Safety Administration Standardized Field Sobriety Test and the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests;(B) recognize and interpret indicators of impaired driving; (C) describe methods used to detect and apprehend drivers under the influence; and(D) prepare evidence and reports required to give court testimony related to driving under the influence.(11) The student identifies crowd control methods. The student is expected to:(A) explain the deployment of less-than-lethal and chemical crowd control measures;(B) identify the need assessment of crowd management, including officer safety, surveillance, protection of life, protection of property, and requests for assistance from other officers and agencies; (C) demonstrate establishing perimeters for crowd control; and(D) explain the importance of identifying group leaders, followers, and victims. (12) The student evaluates situations requiring the use of force. The student is expected to:(A) demonstrate the use of the force continuum in simulated situations requiring varied degrees of force;(B) explain the guidelines and restrictions imposed by state and federal governments related to the use of deadly force;(C) identify the legal authority for the use of force;(D) analyze and evaluate the use of less-than-lethal use of force; and(E) analyze and evaluate the use of deadly force. (13) The student describes procedures designed to safely transport a person in custody. The student is expected to:(A) demonstrate a search of an individual incidental to an arrest;(B) demonstrate the procedures for transporting a person without violating personal rights or jeopardizing personal safety;(C) demonstrate different methods of restraining a person being transported; and(D) discuss transporting non-custodial persons and juveniles. (14) The student conducts interviews and interrogations of individuals ensuring protection of rights as outlined in the U.S. Constitution. The student is expected to:(A) demonstrate interviewing and interrogation techniques; and(B) simulate interviews of rape victims, child witnesses, and child victims.(15) The student investigates and documents a motor vehicle accident. The student is expected to:(A) record simulated crash scene evidence using standard report procedures;(B) analyze simulated crash scene evidence using standard laws, regulations, and procedures;(C) perform mathematical calculations using speed, velocity, time, and distance;(D) draw scale diagrams of simulated collisions using templates; and(E) interpret crash scene evidence.(16) The student recognizes law enforcement roles in preparedness and response systems for disaster situations. The student is expected to:(A) demonstrate knowledge of the incident command system;(B) coordinate with response partners from all levels of government and with the private sector;(C) evaluate incident command system applications, organizational principles and elements, positions and responsibilities, facilities and functions, and planning; and(D) apply Federal Emergency Management Agency Incident Command Structure to a simulated scenario. (17) The student explores procedures for handling and managing explosives and hazardous material incidents. The student is expected to:(A) identify and classify hazardous materials;(B) respond to a simulated situation involving explosive materials using protocols and procedures designed to maintain personal and public safety;(C) explain procedures for responding to reports of bomb threats and suspicious objects;(D) conduct a simulated building and property search to locate explosive devices and materials; and(E) explain procedures for responding to hazardous material incidents. (18) The student examines law enforcement functions regarding critical infrastructure protection from potential terrorist and natural disaster threats. The student is expected to:(A) analyze critical infrastructure protection techniques; and(B) develop a plan for protecting a potential target.(19) The student explores new and emerging technologies in law enforcement. The student is expected to:(A) research new technologies used in law enforcement such as robots to diffuse potential explosives; and(B) explain the importance of continuing education in law enforcement.(20) The student evaluates patrol procedures and response to calls for service encountered by first responders. The student is expected to:(A) demonstrate the legal justification and the application of probable cause for first responders' actions during a response to a suspected offense or an actual offense;(B) simulate conducting a misdemeanor and a high-risk traffic stop;(C) analyze pursuit procedures such as incidents involving vehicles, motorcycles, and foot pursuits;(D) simulate responding to a delayed crime and a crime in progress;(E) simulate conducting a building search;(F) simulate conducting an arrest with a warrant or a warrantless arrest;(G) differentiate procedures when responding with one-person units, two-person units, multiple units, other agency units, and specialized units such as air, K-9, and undercover operations;(H) compare patrol responses when responding to offenses on-view, dispatched calls, and public information requests; and(I) demonstrate the importance of being safety conscious when in the role of being a first responder.(21) The student evaluates the importance of first responders in developing a positive community relationship. The student is expected to:(A) explore the development of community policing in the United States;(B) evaluate the role of school resource officers;(C) evaluate the role of neighborhood service officers;(D) evaluate the role of crime prevention officers such as McGruff Safe Kids, neighborhood watch programs, store front officers, and citizens on patrol;(E) evaluate the responsibilities of the public information officer; and(F) conduct a crime prevention analysis.(22) The student demonstrates procedures in investigating a crime scene. The student is expected to:(A) identify the legal requirements for first responders to enter, remain, release, and return to a crime scene;(B) demonstrate procedures prior to entering a crime scene and securing a crime scene;(C) demonstrate procedures in conducting a proper search of a crime scene for evidence such as using a strip-line search, grid-quadrant search, zone-wheel search, spiral search, or base-line search;(D) demonstrate procedures for marking and collecting evidence found in a crime scene;(E) demonstrate procedures for measuring and sketching evidence and important landmarks in a crime scene;(F) demonstrate procedures for photographing the crime scene and evidence during the process of investigating a crime scene, including wide angle, mid-range, spatial relationship, and close-up photographs; and(G) demonstrate chain of custody and proper packaging of various types of evidence for transportation.</content><note type="source"><p>Source Note: The provisions of this §127.751 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.758"><num value="127.758">§127.758</num><heading>Criminal Investigation (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Law, Public Safety, Corrections, and Security. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Criminal Investigation is a course that introduces students to the profession of criminal investigations. Students will understand basic functions of criminal investigations and procedures and will learn how to investigate or follow up during investigations. Students will learn terminology and investigative procedures related to criminal investigation, crime scene processing, evidence collection, fingerprinting, and courtroom presentation. Through case studies and simulated crime scenes, students will collect and analyze evidence such as fingerprint analysis, bodily fluids, hairs, fibers, shoe and tire impressions, bite marks, drugs, tool marks, firearms and ammunition, blood spatter, digital evidence, and other types of evidence.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores criminal investigative procedures, investigations, and follow-up according to the profession and its job functions. The student is expected to:(A) analyze the field of criminal investigations;(B) compare and contrast the characteristics of an effective investigator;(C) examine preliminary investigations such as initial response, point of arrival, priorities, emergency situations, and protection of the crime scene;(D) research follow-up procedures for an investigation; and(E) evaluate the effectiveness of interrelationships with individuals involved in investigations such as police officers, dispatchers, prosecutors, defense counsel, physicians, coroners, medical examiners and forensic crime laboratories, citizens, witnesses, victims, complainants, and media.(2) The student uses proper equipment in documenting the crime scene during field investigations. The student is expected to:(A) explain the use of field notes;(B) demonstrate an understanding of when, what, where, and how to take notes;(C) demonstrate how to effectively take notes during an investigation;(D) distinguish between the advantages and disadvantages of photographs and video at a crime scene and an investigation;(E) plan how to use digital investigative photography during an investigation at a crime scene;(F) collect and organize a photographic sequence of photographs of a crime scene such as injuries, tool marks, fingerprints, tire impressions, footprints, bite marks, and other related evidence;(G) analyze, evaluate, make inferences, and predict occurrences of events based on photographic evidence; and(H) formulate ideas on admissibility of photographs in a court of law.(3) The student uses critical-thinking and problem-solving skills to create sketches for indoor and outdoor crime scenes. The student is expected to:(A) create a plan and make observations before sketching a crime scene, both as an individual and as a team;(B) describe the elements of a crime scene sketch such as measurements, compass directions, scale of proportion, legend/key, and title;(C) develop a crime scene sketch using coordinates or measurements from fixed points;(D) summarize the crime scene by taking notes and recording details;(E) analyze and evaluate to assess the crime scene sketch; and(F) research and describe the final sketch such as finished scale drawing and computer assisted drawing.(4) The student explores writing effective reports for criminal investigations. The student is expected to:(A) distinguish among organizing information, structuring the narrative, and composing the content;(B) identify the importance and uses of reports;(C) analyze common problems with many investigative reports;(D) research ways to record and dictate for future report writing; and(E) demonstrate different ways to write a report such as in writing and computerized.(5) The student recognizes legal searches and the Fourth Amendment as it applies to searches. The student is expected to:(A) analyze the exclusionary rule, inevitable discovery exception, and good faith exception;(B) explain when an officer needs a search warrant or consent to search during an investigation;(C) research Terry v. Ohio and the legal ramifications it has on pat downs and frisks;(D) evaluate a search incident to an arrest;(E) describe searching during emergency situations and warrantless searches of vehicles; and(F) demonstrate how to conduct an inventory of a vehicle.(6) The student determines what search patterns should be used in exterior and interior searches of crime scenes. The student is expected to:(A) analyze the precedents that were established by the Carrol v. United States, Chambers v. Florida, Chimel v. California, Mapp v. Ohio, Terry v. Ohio, and Weeks v. United States decisions;(B) conduct a systematic search of a simulated crime scene for physical evidence following crime scene search patterns such as spiral, line, grid, and strip;(C) demonstrate how to conduct building, vehicle, suspect, and dead body searches; and(D) explain how police canines are used to conduct legal searches.(7) The student recognizes the procedures of evidence collection while maintaining the integrity of a crime scene. The student is expected to:(A) compare and contrast the roles of crime scene investigators, detectives, and crime scene investigators;(B) demonstrate the ability to work as a member of a team;(C) discover and recognize evidence at a simulated crime scene;(D) apply knowledge of the elements of criminal law that guide search and seizure of persons, property, and evidence;(E) outline the chain-of-custody procedure for evidence discovered in a crime scene;(F) demonstrate proper techniques for collecting, marking, photographing, packaging, preserving, and transporting physical evidence found at a crime scene;(G) explain and demonstrate the use of video and still photography to preserve a simulated crime scene; and(H) analyze the use of evidence in a court of law.(8) The student recognizes the methods to process and analyze trace evidence commonly found in a crime scene. The student is expected to:(A) demonstrate how to process trace evidence such as glass, blood, paint, fibers, and hair collected in a simulated crime scene;(B) identify shoe and tire impressions from sample impressions;(C) determine the direction of a projectile by examining glass fractures;(D) analyze bite marks from crime scenes and investigations; (E) compare and contrast the microscopic characteristics of the human hair and animal hair; and(F) differentiate between natural and synthetic fibers.(9) The student analyzes collected fingerprints or impressions from a simulated crime scene. The student is expected to:(A) compare the three major fingerprint patterns of arches, loops, and whorls and their respective subclasses;(B) identify minutiae of fingerprints, including bifurcations, ending ridges, islands, dots, short ridges, and enclosures;(C) distinguish among patent, plastic, and latent impressions; (D) perform laboratory procedures for lifting latent prints on porous and nonporous objects using chemicals such as iodine, ninhydrin, silver nitrate, and cyanoacrylate resin;(E) perform laboratory procedures for lifting latent prints on nonporous objects using fingerprint powders such as black powder and florescent powders;(F) explain the Automated Fingerprint Identification System (AFIS) and describe the characteristics examined in AFIS; and(G) compare impression evidence collected at a simulated crime scene with the known impression.(10) The student analyzes blood spatter at a simulated crime scene. The student is expected to:(A) analyze blood stain patterns based on source, direction, and angle of trajectory; and(B) explain the method of chemically identifying and locating an invisible blood stain using reagents such as luminol.(11) The student explores toxicology laboratory procedures in crime labs. The student is expected to:(A) analyze the absorption, distribution, and elimination of alcohol through the human body;(B) research the blood alcohol laboratory procedures as they relate to blood alcohol concentration;(C) explain the levels of tolerance and impairment due to alcohol consumption; and(D) explain the precautions necessary for proper preservation of blood samples while at a crime scene.(12) The student explores serology laboratory procedures in criminal investigations. The student is expected to:(A) explain crime laboratory procedures to determine if a stain detected in a crime scene is blood; and(B) research methodologies used to collect and analyze other body fluids.(13) The student identifies drugs found at a simulated crime scene. The student is expected to:(A) classify controlled substances using the schedules under the Controlled Substances Act; and(B) identify controlled substances.(14) The student evaluates bullet and tool mark impressions in a criminal investigation. The student is expected to:(A) explain the individual characteristics of tool marks;(B) describe the mechanism of modern firearms;(C) recognize characteristics of bullet and cartridge cases;(D) describe the composition of and method of analysis for gunshot residue and primer residue; and(E) recognize the type of information available through the National Integrated Ballistics Information Network.(15) The student calculates the time and cause of death in relationship to decomposition of the human body. The student is expected to:(A) explain the process and timeline of rigor mortis and its role in calculating time of death;(B) explain post mortem lividity and its importance when processing a crime scene;(C) determine time of death using entomology; and(D) determine time and cause of death methodologies through case studies.(16) The student understands how physical evidence can provide a basis for questioning people about a crime and how questioning can provide leads for finding physical evidence. The student is expected to:(A) explain the terms victim, complainant, witness, and suspect as they apply to a criminal investigation;(B) demonstrate interviewing and interrogating throughout an investigation;(C) demonstrate effective questioning techniques and positive communication skills;(D) analyze the importance of reading the Miranda Warnings during interviewing and interrogating; and(E) describe the techniques used to interview and question children and juveniles.(17) The student develops a suspect profile when there is not a suspect at the crime scene and a suspect is not apprehended nearby. The student is expected to:(A) compile information provided by victims, witnesses, and other persons likely to know about the crime or the suspect;(B) examine physical evidence left at the crime scene to determine a suspect profile;(C) identify a suspect Modus Operandi at a crime scene;(D) analyze computerized composite sketch applications such as Identi-Kit;(E) describe techniques used to create photo line ups, identification, and mug shots; and(F) research audio, video, and electronic surveillance.</content><note type="source"><p>Source Note: The provisions of this §127.758 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.759"><num value="127.759">§127.759</num><heading>Court Systems and Practices (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year. (2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Law Enforcement I or Principles of Government or Public Administration. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Court Systems and Practices is an overview of the federal and state court systems. The course identifies the roles of judicial officers and the trial processes from pretrial to sentencing and examines the types and rules of evidence. Emphasis is placed on constitutional laws for criminal procedures such as search and seizure, stop and frisk, and interrogation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student examines the structure of the legal system in the United States. The student is expected to:(A) trace the history, structure, and function of state and federal court systems and criminal procedure;(B) compare and contrast the state court system and the federal court system;(C) explain and illustrate how jurisdiction impacts criminal charges and trial proceedings;(D) explain and interpret the purposes of law regarding criminal acts and behaviors;(E) distinguish between constitutional law, case law, statutory law, and administrative law;(F) identify the differences in processing a misdemeanor and felony case;(G) describe and interpret the impact of the grand jury process on court proceedings regarding criminal scenarios;(H) examine relationship of the U.S. Constitution and the Bill of Rights upon the court system; and(I) describe the impact of public opinion and the legislature on the U.S. court system.(2) The student explores the roles and responsibilities of members of courtroom work groups. The student is expected to:(A) explain the roles of professionals such as the police, prosecutor, judge, victim advocates, and criminal defense attorney in the criminal process;(B) examine the roles and importance of members of the courtroom such as the jury, bailiff, and court reporter;(C) analyze the impact of the victim and the defendant upon the courtroom process; and(D) discuss the dynamics of assembly line justice and discretion found in court proceedings.(3) The student recognizes communication skills needed for courtroom policies and procedures. The student is expected to:(A) use communication skills to evaluate body language such as gestures, verbal tone, and inflection during testimony;(B) demonstrate interpersonal communication skills; and(C) apply writing skills to formulate effective field note taking and report writing.(4) The student examines the steps by which a criminal charge is processed through pretrial, trial, adjudication, and the appellate stages. The student is expected to:(A) examine the interaction between police and prosecutor in filing complaints and making a decision to charge such as Defenses to Prosecution and application of various definitions of intent;(B) explain pretrial court proceedings such as rules of discovery, challenges to evidence, and the bail process;(C) distinguish between direct and circumstantial evidence and burden of proof for federal and state courts;(D) explore the impact of pleas and plea bargaining on the trial proceedings;(E) identify the trial process from pretrial to sentencing; (F) evaluate a simulated criminal case; and(G) conduct a mock trial demonstrating understanding of the criminal trial procedure.(5) The student explains the structure and provisions of the U.S. Constitution and the Bill of Rights and how they impact the criminal trial process. The student is expected to:(A) apply the police responsibilities under the Fourth Amendment regarding search and seizure in a simulated arrest scenario;(B) determine if a search initiated in a scenario is proper under the provisions of the Fourth Amendment;(C) analyze the exclusionary rule and the fruit of the poisonous tree doctrine to determine if evidence obtained in an illegal search scenario is admissible in court;(D) explain the impact of the Eighth, Ninth, and Tenth amendments on the criminal justice system;(E) analyze the effect of landmark cases such as Miranda v. Arizona, Weeks v. United States, Mapp v. Ohio, Douglas v. California, and Escobedo v. Illinois on individuals entering the criminal justice system;(F) describe the due process rights of a criminal suspect in the trial and sentencing process; and(G) explain the impact of the Fifth and Sixth amendments on the criminal trial process.</content><note type="source"><p>Source Note: The provisions of this §127.759 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.760"><num value="127.760">§127.760</num><heading>Federal Law Enforcement and Protective Services (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Law, Public Safety, Corrections, and Security. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Federal Law Enforcement and Protective Services provides the knowledge and skills necessary to prepare for certification in security services for federal law enforcement and protective services. The course provides an overview of security elements and types of organizations with a focus on security measures used to protect lives, property, and proprietary information, to ensure computer security, to provide information assurance, and to prevent cybercrime.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards as required by federal law enforcement and protective services. The student is expected to:(A) demonstrate positive work behaviors and attitudes and professional standards in federal law enforcement and protective services;(B) support and apply ethical reasoning to a variety of simulation situations in order to make ethical decisions;(C) demonstrate teamwork skills through working cooperatively with others to achieve tasks such as team building, consensus, continuous improvement, respect of opinions of others, cooperation, adaptability, and conflict resolution;(D) demonstrate sensitivity to and value for diversity and confidentiality; and(E) demonstrate an understanding of content, technical concepts, and vocabulary when analyzing information, following directions, conveying information, and accessing information sources such as texts, Internet websites, and technical materials.(2) The student explores the history of federal law enforcement and protective services in the United States. The student is expected to:(A) research the development of federal law enforcement and protective services through the history of the United States; and(B) explain the importance of the interface between federal law enforcement and protective services and other aspects of law enforcement.(3) The student identifies health, safety, and environmental responsibilities of federal law enforcement and protective services personnel in establishing and maintaining a safe work environment. The student is expected to:(A) identify workplace hazards to health, safety, and the environment;(B) inspect a workplace to identify potential health, safety, and environmental problems;(C) investigate and document findings in simulated workplace incidents and accidents; and(D) summarize issues and problems associated with hazardous materials.(4) The student analyzes the impact of ethical and legal responsibilities relevant to federal law enforcement and protective services. The student is expected to:(A) differentiate between civil and criminal law;(B) analyze the impact of legal issues relevant to federal law enforcement and protective services;(C) describe the importance of good public relations techniques as they relate to federal law enforcement and protective services and crisis situations;(D) analyze the connections between constitutional and federal laws, federal law enforcement, and private security operations by referencing relevant constitutional amendments;(E) analyze specific federal, state, and local laws and regulations affecting government security operations;(F) summarize specific juvenile laws affecting security operations;(G) compare alternative responses in simulated security scenarios that require application of ethical and legal behavior;(H) discuss the possible ramifications of unethical behavior on the part of security professionals;(I) analyze the importance of the Fourth Amendment with respect to security officer powers of arrest, search, and seizure;(J) summarize the due process rights granted to individuals by the Fifth Amendment during an interrogation;(K) analyze the impact of the Fourteenth Amendment as it relates to due process and equal protection of the law; and(L) analyze the importance of social media and be familiar with its effects on federal law enforcement and protective services.(5) The student explains risk management principles as they apply to security functions for the protection of assets. The student is expected to:(A) describe the sources of natural, intentional, and unintentional threats such as information assurance, computer security, cybercrime, human trafficking, border security, and domestic and foreign terrorism; (B) present examples that depict potential physical, electronic, procedural, and personnel vulnerabilities;(C) summarize the concept of risk management from a local, state, federal, and national security perspective, including the importance of knowing what to protect and the consequences of loss; and(D) explain how security operations and the criminal justice field interface and rely upon each other.(6) The student analyzes the role of computer forensics in security operations. The student is expected to:(A) summarize the role of computer applications relating to forensics investigations; and(B) investigate criminal activity in areas such as cybercrime, the Internet, and Internet trafficking.(7) The student analyzes security systems and their role in an overall security strategy. The student is expected to:(A) summarize the purposes, types, and applications of physical and electronic access control systems, surveillance systems, and intrusion detection systems;(B) analyze how physical and electronic systems work together as an integrated system to support an overall protection strategy; and(C) analyze the roles of security surveys, inspections, and exercises to test existing protection measures.(8) The student investigates disaster response in emergency situations as it relates to the duties of a security officer for the protection of persons, property, and information. The student is expected to:(A) summarize the characteristics of terrorism as a criminal act; and(B) examine the elements and techniques of critical infrastructure protection to reduce the risk to key terrorist targets and the impact of natural disasters.(9) The student recognizes the role of intelligence analysis in crime prevention and homeland security. The student is expected to:(A) summarize the steps of the intelligence cycle such as planning, collection, collation, evaluation, analysis, dissemination, and feedback; and(B) execute a crime pattern analysis identifying links between a given crime and a set of potentially related incidents.(10) The student applies crime prevention concepts. The student is expected to:(A) diagram the crime triangle of ability, opportunity, and motive;(B) describe the concepts of deter, detect, delay, and deny; and(C) evaluate the security of a business or residence by using crime prevention through environmental design strategies.(11) The student evaluates situations requiring the use of force. The student is expected to:(A) demonstrate the use of the force continuum in simulated situations requiring varied degrees of force; and(B) explain the guidelines and restrictions imposed by state and federal governments related to the use of deadly force. (12) The student analyzes procedures and protocols for self-defense in homeland security and protective services. The student is expected to demonstrate self-defense and defensive tactics such as ready stance, escort positions, strikes, kicks, punches, handcuffing, and searching.(13) The student recognizes the importance of critical infrastructures and key assets. The student is expected to:(A) discuss the importance of critical infrastructure and key assets within federal law enforcement and protective services such as water, power and energy, information, transportation, banking and finance, defense, postal and shipping, agricultural and food, public health, and emergency services; and(B) create a plan of action for city and state for situations involving threats to critical infrastructure and key assets.(14) The student identifies chemical and biological threat identification, protection, detection, and decontamination concepts. The student is expected to:(A) analyze research on the cause and effects of chemical threats such as airborne pathogens and toxic, nuclear, biological, and manmade chemicals; and(B) create research projects on the cause and effects of chemical threats such as airborne pathogens and toxic, nuclear, biological, and manmade chemicals.(15) The student recognizes law enforcement roles in preparedness and response systems for disaster situations. The student is expected to:(A) develop a plan of action for disaster preparedness within home, school, or community;(B) evaluate the effectiveness of the actions in place for all natural disasters;(C) evaluate the effectiveness of preparedness and response systems during and after a disaster;(D) appraise a disaster situation to determine the appropriate course of action;(E) examine and implement the Community Emergency Response Team (CERT) guidelines for home, school, or community such as fire safety, disaster medical operations, search and rescue, and terrorism; and(F) construct a CERT disaster simulation within the school or community.</content><note type="source"><p>Source Note: The provisions of this §127.760 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.761"><num value="127.761">§127.761</num><heading>Principles of Government and Public Administration (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-11. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Principles of Government and Public Administration introduces students to foundations of governmental functions and career opportunities within the United States and abroad. Students will examine governmental documents such as the U.S. Constitution, current U.S. Supreme Court and federal court decisions, and the Bill of Rights.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores major political ideas and forms of government in history. The student is expected to:(A) explain major political ideas in history such as natural law, natural rights, divine right of kings, and social contract theory;(B) identify the characteristics of classic forms of government such as absolute monarchy, authoritarianism, classical republic, despotism, feudalism, liberal democracy, and totalitarianism; and(C) explore aspects of public service and related careers at international, federal, state, and local levels.(2) The student understands how constitutional government, as developed in the United States, has been influenced by people, ideas, and historical documents. The student is expected to:(A) analyze the principles and ideas that underlie the Declaration of Independence and the U.S. Constitution;(B) explain the importance of a written constitution and how the federal government serves the purposes set forth in the U.S. Constitution;(C) explore how the Federalist Papers explain the principles of the U.S. constitutional system of government;(D) evaluate constitutional provisions for limiting the role of government such as republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights;(E) analyze the contributions of the political philosophies of the founding fathers and explain why they created a distinctly new form of federalism and adopted a federal system of government instead of a unitary system;(F) evaluate the limits on the national and state governments in the U.S. federal system of government and how the U.S. Constitution can be amended;(G) categorize, diagram, or create a descriptive representation of the government powers as national, state, or shared government;(H) analyze historical conflicts over the respective roles of national and state governments in the United States; and(I) identify significant individuals and their roles in the field of government and politics, including ambassadors, elected officials, and appointed officials.(3) The student compares the similarities and differences that exist among the U.S. system of government and other political systems. The student is expected to:(A) compare and contrast the U.S. system of government with other political systems; and(B) analyze advantages and disadvantages of presidential and parliamentary systems of government.(4) The student explores rights guaranteed by the U.S. Constitution. The student is expected to:(A) identify the rights guaranteed by the Bill of Rights;(B) evaluate the role of limited government and the rule of law for the protection of individual rights;(C) identify and recognize issues addressed in critical cases that involve U.S. Supreme Court interpretations of rights guaranteed by the U.S. Constitution;(D) define the roles of each branch of government in protecting the rights of individuals;(E) explain the importance of due process rights to the protection of individual rights and to the limits on the powers of government; and(F) recognize the impact of the incorporation doctrine involving due process and the Bill of Rights on individual rights, federalism, and majority rule.(5) The student recognizes the difference between personal and civic responsibilities. The student is expected to:(A) explain the difference between personal and civic responsibilities of citizens versus non-citizens;(B) present how, why, and when the rights of individuals are inviolable even against claims for the public good;(C) analyze the consequences on society of political decisions and actions; and(D) investigate the role of municipal management in serving public and personal good.(6) The student recognizes the importance of voluntary individual participation in the U.S. democratic society. The student is expected to:(A) present how to measure the effectiveness of participation in the political process at local, state, and national levels;(B) review, document, and explain how historical and contemporary examples of citizen movements were used to bring about political change or to maintain continuity;(C) evaluate different leadership styles and their impact on participation;(D) explain the factors that influence an individual's political attitudes and actions;(E) compare effectiveness of leadership characteristics of state and national leaders; and(F) explain the importance of volunteer public service in bringing about political change and maintaining continuity.(7) The student recognizes the relationship between government policies and the culture of the United States. The student is expected to:(A) identify a political policy or decision in the United States that was a result of changes in American culture;(B) discuss changes in American culture brought about by government policies such as voting rights, the GI Bill, and racial integration;(C) present an example of a government policy that has affected a particular racial, ethnic, or religious group; and(D) explain the influence of individuals and/or groups that have affected change in society.(8) The student identifies the influence of geography on governmental and public administrative functions. The student is expected to:(A) draw conclusions about the political significance to the United States of the location and geographic characteristics of critical regions compared to the economic significance of the geographic characteristics of selected places such as oil fields in the Middle East using maps and Global Positioning System (GPS) locations;(B) interpret geographical influences on requirements for international, national, state, and local governments;(C) predict how geographical considerations impact regional change over time;(D) interpret the importance of cultural symbols in the planning of government activities;(E) explore how geographic information systems assist in gathering information; and(F) connect a positive or negative effect of a government policy to the physical and human characteristics of a place or region.(9) The student interprets and applies concepts of governance to assess functions of government and public administration in society. The student is expected to:(A) recall historical debates and recognize the compromises necessary to reach landmark political decisions;(B) give examples of the processes used by individuals, political parties, interest groups, or the media to affect public policy;(C) explore the impact of political changes brought about by individuals, political parties, interest groups, or the media;(D) recognize how the American beliefs and principles reflected in the U.S. Constitution contribute to our national identity;(E) evaluate the alignment of institutions of government and public administration with the principles of U.S. and international law to guide policy development; and(F) analyze how U.S. foreign policy affects other countries. (10) The student works with different forms and methods of communication used to manage and facilitate the flow of ideas and information among government, public administration, the business community, and the general public. The student is expected to:(A) analyze the structure and functions of the legislative branch of government such as the bicameral structure of Congress, the role of committees, and the procedure for enacting laws;(B) analyze the structure and functions of the executive branch of government such as the constitutional powers of the president, the growth of presidential power, and the role of the cabinet and executive departments;(C) analyze the structure and functions of the judicial branch of government, including the federal court system and types of jurisdiction;(D) analyze the functions of selected independent executive and regulatory agencies;(E) explain how certain provisions of the U.S. Constitution provide for checks and balances among the three branches of government;(F) analyze selected issues raised by judicial activism and judicial restraint;(G) compare and contrast the structures and functions of the Texas state government to the federal system;(H) analyze the structure and functions of local government; (I) document, report, and record information to conform to legal requirements;(J) research safety standards and practices ensuring public safety and environmental protection;(K) investigate how to comply with directives to ensure protection of confidential information while carrying out duties as a government or public administration employee;(L) compare and contrast the concepts of ethical conduct to comply with all laws and regulations affecting governmental agencies; and(M) describe the accepted principles of financial management to administer budgets, programs, and human resources.(11) The student uses technologies to research common objectives of government and public administration. The student is expected to:(A) access appropriate information technologies to accomplish tasks;(B) integrate appropriate information technologies to accomplish tasks;(C) identify examples of government-assisted research that, when shared with the private sector, has resulted in improved consumer products such as computer and communication technologies;(D) analyze how U.S. government policies fostering competition and entrepreneurship have resulted in scientific discoveries and technological innovations;(E) analyze the potential impact on society of recent scientific discoveries and technological innovations;(F) analyze the reaction of government to scientific discoveries and technological innovations; and(G) explain the concept of intellectual property.</content><note type="source"><p>Source Note: The provisions of this §127.761 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.762"><num value="127.762">§127.762</num><heading>Political Science I (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Government and Public Administration. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Political Science I introduces students to political theory through the study of governments; public policies; and political processes, systems, and behavior.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student compares and contrasts current, classic, or contemporary political theories. The student is expected to:(A) discuss why theories are important to the study of political science;(B) draw conclusions about the classic political theorists such as Plato, Aristotle, Cicero, Machiavelli, Confucius, Hobbes, Locke, Hegel, and Marx;(C) define the characteristics of contemporary political theories such as behaviorialism, postbehavioralism, systems theory, modernization theory, structural-functionalism, developmentalism, rational-choice theory, and new institutionalism;(D) compare and contrast the evolution of classic and contemporary theories; and(E) make predictions and defend opinions about the future of political science theory.(2) The student explores historical origins of government. The student is expected to:(A) describe the features of different types of government such as democracy, theocracy, republic, monarchy, dictatorship, communism, and socialism;(B) use a map to label where each form of government is currently practiced or has been practiced in the past;(C) explain how each form of government arose throughout history;(D) develop a logical argument for the origin of different types of government; and(E) hypothesize why some forms of government became obsolete.(3) The student analyzes belief systems that claim to improve society. The student is expected to:(A) define political ideologies such as feminism, Marxism, Nazism, and capitalism;(B) coordinate the four elements of perception, evaluation, prescription, and movement with political ideologies; and(C) predict what national or global trends could stimulate the formation of a new ideology.(4) The student applies the concepts learned in the history and ideology of political science. The student is expected to:(A) make observations regarding the political culture of emerging nations or nations with recent current events; and(B) research and present the political culture of a country.(5) The student identifies the roles played by local, state, and national governments in public and private sectors of the U.S. free enterprise system. The student is expected to:(A) recognize that government policies influence the economy at the local, state, and national levels;(B) identify the sources of revenue of the U.S. government and analyze their impact on the U.S. economy;(C) identify the sources of expenditures of the U.S. government and analyze their impact on the U.S. economy;(D) compare and contrast the role of government in the U.S. free enterprise system and other economic systems; and(E) explain the effects of international trade on U.S. economic and political policies.(6) The student analyzes public opinion. The student is expected to:(A) investigate sources and influences of public opinion;(B) analyze the effect of public opinion on leadership;(C) critique the reliability of public opinion and how it is measured; and(D) compare and contrast the effects of expressed public opinion on poll items such as elections, elected official behavior, tax policy, services, and environmental protection.(7) The student identifies interest groups. The student is expected to compare and contrast the positive and negative aspects of interest groups such as public interest research groups, lobbies, and political action committees.(8) The student analyzes the election process. The student is expected to:(A) review the process of electing public officials;(B) recognize the influence of political parties in elections;(C) explore the phenomenon of political image;(D) describe the cause-and-effect relationship of communication style in a campaign; and(E) compare and contrast the effectiveness of telephones, television, print media, focus groups, and online resources in elections. (9) The student explores the processes for filling public offices in the U.S. system of government. The student is expected to:(A) compare and contrast different methods of filling public offices such as elected and appointed offices at the local, state, and national levels; and(B) analyze and evaluate the processes of electing the president of the United States.(10) The student examines the role of political parties in the U.S. system of government. The student is expected to:(A) discuss the functions of the two-party system;(B) compare and contrast the role of third parties in the United States;(C) recognize the role of political parties in the electoral process at the local, state, and national levels; and(D) identify opportunities for citizens to participate in the electoral process at the local, state, and national levels.(11) The student applies the concepts of statistical analysis to political science. The student is expected to:(A) examine concepts used in research such as theories, hypotheses, independent and dependent variables, sampling, reliability, validity, and generalizability; and(B) compare and contrast the types of statistical data such as in political science journals, public opinion polls, and surveys.</content><note type="source"><p>Source Note: The provisions of this §127.762 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.763"><num value="127.763">§127.763</num><heading>Political Science II (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Government and Public Administration or Political Science I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Political Science II uses a variety of learning methods and approaches to examine the processes, systems, and political dynamics of the United States and other nations. The dynamic component of this course includes current U.S. and world events.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes public administration and public affairs. The student is expected to:(A) explore the ancient history of public administration;(B) consider whether current practices of public administration are improvements upon older practices;(C) explain the term bureaucracy and draw conclusions as to why public perception of bureaucracy is poor;(D) analyze the effects of poor public perception on leadership style;(E) analyze political pluralism, displacement and concentration hypothesis, and technological complexity;(F) recognize that public management involves evaluation of productivity, budgets, and human resources; and(G) research, investigate, and explain specific examples of ethics issues in public administration.(2) The student identifies the cause and effect of expression of different viewpoints in a democratic society. The student is expected to:(A) compare different points of view of political parties and interest groups on important contemporary issues;(B) analyze the importance of free speech and press in a democratic society; and(C) express the student's point of view on an issue of contemporary interest in the United States.(3) The student analyzes international relations. The student is expected to:(A) examine the historical development of the international system;(B) compare and contrast the classical international system, the transitional international system, the post-World War II international system, and the contemporary international system;(C) research national actors and international interactions; (D) examine the rational actor model;(E) analyze what a nation-state does when faced with a problem that requires resolution;(F) make observations about ethics in foreign policy; and(G) draw conclusions about the role of morality in decision making such as Cold War spying and humanitarian intervention.(4) The student explores diplomacy as the management of international relations by negotiation. The student is expected to:(A) compare and contrast the ancient practice of sending emissaries with current embassy activities;(B) identify embassy and ambassador roles in international relations;(C) distinguish between types of diplomacy such as public versus secret, multilateral versus bilateral, and tacit versus formal;(D) use concepts of bargaining and game theory to solve problems;(E) recognize national versus state approaches to armed force when diplomacy breaks down;(F) analyze force without war, causes of war, and the consequences of war; and(G) analyze the role of international law in treaties, customs, immigration, and human rights.(5) The student analyzes international governmental organizations and non-governmental organizations. The student is expected to:(A) identify prominent international governmental organizations and non-governmental organizations;(B) explore the methods of operation and function of international governmental organizations and non-governmental organizations in global problem solving; and(C) propose a solution for an international relations problem such as arms control, terrorism, commerce, currency, natural resource management, food, or population control.(6) The student analyzes the flow of ideas and information among the federal government, public administration, the business community, and the global societies. The student is expected to:(A) examine concepts of authority, rights, and responsibilities to evaluate their impact on the governance of societies;(B) explain the major responsibilities of the federal government for domestic and foreign policy;(C) practice communication techniques used to stimulate the exchange of ideas and develop international, national, state, and local networks to accomplish governmental goals; and(D) interpret the impact of international, national, state, or local politics on the goals of governmental or public administrative agencies.</content><note type="source"><p>Source Note: The provisions of this §127.763 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.764"><num value="127.764">§127.764</num><heading>Foreign Service and Diplomacy (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Government and Public Administration or Principles of Law, Public Safety, Corrections, and Security. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Foreign Service and Diplomacy provides the opportunity for students to investigate the knowledge and skills necessary for careers in foreign service. The course includes law, history, media communication, and international relations associated with the diplomatic environment.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) communicate effectively with others using oral and written skills;(B) demonstrate collaboration skills through teamwork;(C) demonstrate professionalism by conducting oneself in a manner appropriate for the profession and workplace;(D) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(E) show integrity by choosing the ethical course of action and complying with all applicable rules, laws, and regulations; and(F) demonstrate time-management skills by prioritizing tasks, following schedules, and tending to goal-relevant activities in a way that uses time wisely and optimizes efficiency and results.(2) The student integrates knowledge and presentation skills related to diplomacy and representing the United States to host-country officials, media personnel, and traveling officials. The student is expected to:(A) demonstrate the ability to provide host-country officials with information on U.S. government and culture;(B) demonstrate an understanding of organizing exchange programs to familiarize future host-country decision makers with U.S. institutions, customs, and culture;(C) analyze the effectiveness of foreign support programs and other efforts of U.S. economic, intelligence, and affiliate agencies; (D) demonstrate how to address and respond to media personnel on matters of U.S. policy raised in conjunction with visits of U.S. officials; and(E) demonstrate how to address and respond to media personnel on matters of U.S. policy in reaction to unanticipated events.(3) The student applies knowledge of foreign history, law, geography, and natural resources to recommend new or modified foreign service efforts. The student is expected to:(A) describe responses of host-country personnel to U.S. programs and official visits;(B) analyze and report the impact of American travelers and popular culture on a host country; and(C) assess the impact of host-country responses to catastrophic events.(4) The student applies U.S. and host-country laws, regulations, policies, and procedures to administrative management. The student is expected to:(A) apply U.S. immigration laws and regulations to determine eligibility of individuals;(B) explain grounds for refusal of visas;(C) research documents and databases related to U.S. and host-country laws, regulations, policies, or procedures; and(D) apply identification and documentation procedures.(5) The student applies knowledge of host-country laws, customs, and effective administrative practices to manage the conduct of diplomatic operations. The student is expected to:(A) model negotiations with a host government on reciprocity issues, taxation, diplomatic status, and other matters affecting welfare, security, and status of mission; and(B) design a program that buys and sells goods and services for diplomatic operations.</content><note type="source"><p>Source Note: The provisions of this §127.764 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.765"><num value="127.765">§127.765</num><heading>Planning and Governance (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Government and Public Administration. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Planning and Governance provides the opportunity for students to formulate plans and policies to meet social, economic, and physical needs of communities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies the skills necessary to manage and modify the community planning process. The student is expected to:(A) relate physical design to functioning of environment;(B) analyze data relative to a project on present and future needs;(C) assess legal aspects of regulatory compliance in planning;(D) evaluate the presentation of class activity in regard to regulations and procedures;(E) perform mapping and graphic functions skills;(F) predict the interaction between economy, transportation, health and human services, and land regulation and make recommendations for the future of an activity or project; and(G) record or document observations about local, state, and federal programs in order to provide future planning recommendations. (2) The student develops a workplace or activity-based project and plans for land use, housing, parks and recreation, transportation, economic development, and public facilities to manage change. The student is expected to:(A) identify emerging trends and barrier issues;(B) practice or perform problem-solving techniques to overcome barriers to plan implementation; and(C) evaluate the style of strategies available and necessary for achieving goals.(3) The student creates a coherent plan for project management. The student is expected to:(A) initiate a project, including securing class or instructor approval of project scope;(B) plan a project;(C) execute a project, including responding to requests for information;(D) monitor and control a project, including demonstrating effective, cogent presentation skills for public meetings and creating a format to monitor plan budgets;(E) close a project; and(F) maintain professionalism in challenging group and one-on-one situations.(4) The student uses advanced research and organizational skills to influence matters of public policy. The student is expected to:(A) extract and evaluate ideas from research library resources and online materials;(B) organize, structure, and conduct practice interviews with students; and(C) compile original data and reliable source information into a student-designed objective database.(5) The student develops reasoned, persuasive arguments to support public policy options or positions. The student is expected to:(A) analyze and implement classical and modern patterns of rhetoric;(B) analyze differing political, social, ideological, and philosophical perspectives;(C) critique facts and statistical claims for accuracy and relevance; and(D) ensure materials meet ethical standards.(6) The student develops political instincts and understanding of political processes to gain consensus. The student is expected to:(A) compare and contrast interests of various individuals, groups, and their representatives;(B) explore options for promoting tolerance toward individuals and groups;(C) employ mediation techniques;(D) suggest alternative proposals that keep discussions from collapsing; and(E) discuss methods of openness for decision-making or problem-solving processes.(7) The student advocates new policies or policy changes to gain support for new or revised laws, regulations, ordinances, programs, or procedures. The student is expected to:(A) deliver compelling arguments regarding issues or proposals;(B) create effective media presentations and projects;(C) employ workplace skills to show the process reactions and responses and adjust appeals accordingly;(D) evaluate and employ techniques for motivating staff; and(E) create project steps and activities for avoiding ethical pitfalls.</content><note type="source"><p>Source Note: The provisions of this §127.765 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.766"><num value="127.766">§127.766</num><heading>National Security (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Principles of Government and Public Administration and Public Management and Administration or Principles of Law, Public Safety, Corrections, and Security or Junior Reserve Officer Training Corps (JROTC) coursework. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) National Security introduces the students to the aspects of disaster management. The course includes engaging simulation exercises related to natural disasters, man-made disasters, and terroristic events using homeland security programs and National Incident Management System (NIMS) programs.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores and examines the personnel and organizational structure within a security agency. The student is expected to:(A) explore, develop, plan, and implement goals and objectives of an organization within a project or classroom activity;(B) create and make personnel assignments and align them with job demands within a project or classroom activity;(C) explore the processes used to implement evaluation systems and standards of a security agency; and(D) explore and review the usage of available counseling and training resources using online or written materials.(2) The student analyzes the leadership skills necessary to ensure compliance with rules of engagement and other applicable ethical standards. The student is expected to:(A) identify rules of engagement for local, state, federal, and international agencies;(B) evaluate U.S. and international laws, treaties, and conventions applicable to military or other security agency conduct;(C) employ and evaluate the usage of effective training materials;(D) facilitate and participate in group discussions of ethical issues raised by current events;(E) investigate compliance with procedures and laws such as U.S. military, international military, maritime, criminal, and civil laws;(F) apply current rulings and regulatory laws, rules, or standards to appropriate situations; and(G) recognize and evaluate actions in violation of laws, rules, and standards.(3) The student analyzes intelligence information from within and outside the United States through simulated exercises. The student is expected to:(A) explore the scope and limits of an assigned mission in a simulated exercise;(B) evaluate physical, psychological, cultural, and military threats of a simulated exercise;(C) define the specific goals and intentions of foreign entities relevant to a mission;(D) analyze physical characteristics of areas that could become battlegrounds in time of war;(E) explore and review methods used to direct ground and sea surveillance;(F) explore and review methods used to intercept foreign military communications; and(G) explore and review methods used to coordinate information with other national security agencies.(4) The student practices methods that translate and analyze signals to discover elements indicative of intent, plans, and operations of potentially hostile governments, groups, or individuals. The student is expected to:(A) organize evidence to facilitate discovery of a potentially hostile nature; and(B) evaluate agency and national actions of a potentially hostile nature.(5) The student prepares and coordinates strategies to defend against the effects of chemical, biological, nuclear, and cyberterrorism or natural disasters. The student is expected to:(A) create plans for response to both hostile and unintended events;(B) explore and evaluate what form of safety equipment and supplies are needed for protection against chemical, biological, or nuclear effects;(C) explore and evaluate the available intelligence information for determination of response plan implementation;(D) create a device or project for monitoring local and global intelligence such as using information about weather and geophysical events;(E) explore and discuss what methods are needed to maintain communications with federal, state, and local agencies; and(F) identify and review issues that exist within the security and safety of network cyber-based systems.(6) The student develops strategies to train persons potentially performing national security tasks. The student is expected to:(A) explore methods and materials used to analyze missions for which training is to be provided;(B) plan and evaluate current and past training methods; and(C) explore and review how agencies devise means of evaluating trainee progress.</content><note type="source"><p>Source Note: The provisions of this §127.766 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.767"><num value="127.767">§127.767</num><heading>Public Management and Administration (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Government and Public Administration or Business Management or Business Law. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Public Management and Administration reviews actions and activities that governments and nonprofit administrations commonly use and that resemble private-sector management. Students will be introduced to management tools that maximize the effectiveness of different types and styles of administrators and affect the quality of life of citizens in the community.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes management theories. The student is expected to:(A) explore the various management theories such as Venn Diagram, Theory X, Theory Y, and Theory Z and how they are used effectively in public administration and management; and(B) compare and contrast management of government and nonprofit agencies to management in the private sector.(2) The student compares and contrasts department vision, goals, and mission to support those of a public agency. The student is expected to:(A) analyze economic, political, and social trends likely to impact an agency or department;(B) develop expansive professional networks internally and with other organizations to broaden communication;(C) practice and participate in the process of determining how to recruit a diverse workforce in an equitable manner;(D) apply interpersonal skills to grasp opportunities and manage conflicts in a positive and constructive manner;(E) emphasize the need to infuse understanding of vision, missions, and goals into all departmental activities;(F) analyze the concept of risk management; and(G) legally publicize all meetings at which budget and allocation decisions are to be discussed.(3) The student practices the process of facilitating the flow of ideas and information to keep the agency and its constituency informed of departmental policies and operations. The student is expected to:(A) address reluctance of employees to share work product and intellectual property;(B) restate complex technical information or issues in language the general public can understand;(C) explain, justify, or discuss public issues effectively; (D) present techniques effectively to handle difficult interviews and situations effectively; and(E) afford the public equal opportunity of access to all open records.(4) The student uses agency expertise used by elected officials and others to identify, implement, and achieve common goals and objectives. The student is expected to:(A) obtain relevant data relating to public management and non-public management from reliable sources;(B) apply pertinent research and analytical methodologies; and(C) assess the impact of probable changes on the public.(5) The student uses planning and fiscal services used to fund agency priorities. The student is expected to:(A) estimate costs according to standards for government accounting;(B) propose options over a range of cost requirements;(C) analyze government resources to find possibilities for new or increased funding of programs; and(D) prepare budgets.(6) The student develops and manages plans and systems that would meet agency needs without wasting funds or engaging in unethical behavior. The student is expected to:(A) demonstrate an understanding of how to assist departmental staff to fulfill procurement requirements;(B) recommend process changes to improve vendor reliability and performance;(C) determine means of public announcements to elicit vendor interest and bids from qualified sources;(D) identify sources that match approved vendor criteria;(E) manage an evaluation process that would ensure each bid, proposal, or offer is evaluated completely in terms of all relevant and ethical criteria; and(F) identify ways to safeguard proprietary information of bidders and the rights of procurement and determine the need for outside consults.(7) The student applies laws and policies to protect or disclose information as appropriate. The student is expected to:(A) maintain thorough familiarity with public information requirements and records maintenance and retention requirements such as the Public Information Act (Texas Government Code, Chapter 552) and the records retention requirements of Texas Government Code, Chapter 441, and Texas Local Government Code, Chapters 201-205;(B) identify how to explain policy background and rationale to persons denied access to certain public information; and(C) compare and contrast the reliable controls to prevent unauthorized access to or release of privileged information.</content><note type="source"><p>Source Note: The provisions of this §127.767 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.768"><num value="127.768">§127.768</num><heading>Revenue, Taxation, and Regulation (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Government and Public Administration or Accounting I and II. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Revenue, Taxation, and Regulation provides an overview of law and investigative principles and follows agency procedures to examine evidence and ensure revenue compliance. In addition, students will learn to facilitate clear and positive communication with taxpayers and become familiar with data analysis systems and revenue-related financial problems. Students will prepare projects and class activities to simulate the skills needed to enforce legal compliance and regulatory standards.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores the investigation and evidence collection process in mock situations similar to regulatory commissions and agents. The student is expected to:(A) investigate potential violators by exploring leads and conducting mock client interviews;(B) model persuasive techniques to gain cooperation such as subpoenas and other ethically and legally acceptable means;(C) identify and differentiate between relevant and irrelevant evidence and information;(D) examine evidence of crimes and violations while preserving and observing the rules of evidence;(E) examine business, commercial, industrial, and agency records for accuracy and compliance;(F) organize facts accurately, objectively, logically, and concisely;(G) analyze matters that are prohibited or concern invasion of privacy; and(H) simulate conducting surveillance while recording facts about observed persons, objects, and events.(2) The student analyzes the process of agency communication with the public. The student is expected to:(A) analyze the common accounting problem of costs deviating from standards;(B) compare and contrast ways to coordinate work and organize information with others performing similar tasks;(C) simulate releasing public information to minimize controversy;(D) identify problems that arise regarding flow of information after research responsibilities are assigned and completed;(E) create a solution to the problem of information flow and communication; and(F) demonstrate the ability to present authoritative advice to interested parties and acquainting them with available services. (3) The student uses critical-thinking and problem-solving skills for revenue, taxation, and regulation by analysis and interpretation of accounting data and collection activities. The student is expected to:(A) analyze data to identify matters needing negotiations for resolution;(B) explore and identify different noncompliant practices; (C) recommend application of administrative and judicial remedies; and(D) produce mock reports to provide a basis for handling similar cases or audits.(4) The student is expected to scrutinize regulatory investigations and enforcement. The student is expected to:(A) conduct dimensional, operational, and process inspections; (B) measure compliance with standards, specifications, and requirements;(C) monitor a variety of quality characteristics;(D) research consequences of degrees of noncompliance;(E) investigate history and circumstances of violations; and(F) secure expertise and make referrals as needed.</content><note type="source"><p>Source Note: The provisions of this §127.768 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.769"><num value="127.769">§127.769</num><heading>Forensic Science (One Credit), Adopted 2021</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2023-2024 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. The course is recommended for students in Grades 11 and 12. Prerequisites: one credit in biology, one credit in chemistry, integrated physics and chemistry, or physics. This course satisfies a high school science graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards, industry-relevant technical knowledge, and college and career readiness skills for students to further their education and succeed in current and emerging professions. (2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Forensic Science is a survey course that introduces students to the application of science to law. Students learn terminology and procedures related to the collection and examination of physical evidence using scientific processes performed in a field or laboratory setting. Students also learn the history and the legal aspects of forensic science.(4) Science, as defined by the National Academy of Sciences, is the "use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process." This vast body of changing and increasing knowledge is described by physical, mathematical, and conceptual models. Students should know that some questions are outside the realm of science because they deal with phenomena that are not currently scientifically testable.(5) Students are expected to know that:(A) hypotheses are tentative and testable statements that must be capable of being supported or not supported by observational evidence. Hypotheses of durable explanatory power that have been tested over a wide variety of conditions are incorporated into theories; and(B) scientific theories are based on natural and physical phenomena and are capable of being tested by multiple independent researchers. Unlike hypotheses, scientific theories are well established and highly reliable explanations, but they may be subject to change as new areas of science and new technologies are developed.(6) Scientific inquiry is the planned and deliberate investigation of the natural world using scientific and engineering practices. Scientific methods of investigation are descriptive, comparative, or experimental. The method chosen should be appropriate to the question being asked. Student learning for different types of investigations include descriptive investigations, which involve collecting data and recording observations without making comparisons; comparative investigations, which involve collecting data with variables that are manipulated to compare results; and experimental investigations, which involve processes similar to comparative investigations but in which a control is identified.(A) Scientific practices. Students should be able to ask questions, plan and conduct investigations to answer questions, and explain phenomena using appropriate tools and models.(B) Engineering practices. Students should be able to identify problems and design solutions using appropriate tools and models.(7) Scientific decision making is a way of answering questions about the natural world involving its own set of ethical standards about how the process of science should be carried out. Students should be able to distinguish between scientific decision-making methods (scientific methods) and ethical and social decisions that involve science (the application of scientific information).(8) Science consists of recurring themes and making connections between overarching concepts. Recurring themes include systems, models, and patterns. All systems have basic properties that can be described in space, time, energy, and matter. Change and constancy occur in systems as patterns and can be observed, measured, and modeled. These patterns help to make predictions that can be scientifically tested, while models allow for boundary specification and provide a tool for understanding the ideas presented. Students should analyze a system in terms of its components and how these components relate to each other, to the whole, and to the external environment.(9) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(10) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student, for at least 40% of instructional time, asks questions, identifies problems, and plans and safely conducts classroom, laboratory, and field investigations to answer questions, explain phenomena, or design solutions using appropriate tools and models. The student is expected to:(A) ask questions and define problems based on observations or information from text, phenomena, models, or investigations;(B) apply scientific practices to plan and conduct descriptive, comparative, and experimental investigations and use engineering practices to design solutions to problems;(C) use appropriate safety equipment and practices during laboratory, classroom, and field investigations as outlined in Texas Education Agency-approved safety standards;(D) use appropriate tools and equipment such as scientific calculators, computers, internet access, digital cameras, video recording devices, meter sticks, metric rulers, measuring tapes, digital range finders, protractors, calipers, light microscopes up to 100x magnification, hand lenses, stereoscopes, digital scales, dissection equipment, standard laboratory glassware, appropriate personal protective equipment (PPE), an adequate supply of consumable chemicals, biological specimens, prepared evidence slides and samples, evidence packaging and tamper evident tape, evidence tents, crime scene tape, L-rulers, American Board of Forensic Odontology (ABFO) scales, alternate light sources (ALS) and ALS protective goggles, blood specimens, blood presumptive tests, glass samples of various chemical composition, human and non-human bones, fingerprint brushes and powders, lifting tapes and cards, ten-print cards and ink pads, swabs with containers, disposable gloves, and relevant and necessary kits;(E) collect quantitative data with accuracy and precision using the International System of Units (SI) and United States customary units and qualitative data as evidence;(F) organize quantitative and qualitative data using appropriate methods of communication such as reports, graphs, tables, or charts;(G) develop and use models to represent phenomena, systems, processes, or solutions to engineering problems; and(H) distinguish between scientific hypotheses, theories, and laws.(2) The student analyzes and interprets data to derive meaning, identify features and patterns, and discover relationships or correlations to develop evidence-based arguments or evaluate designs. The student is expected to:(A) identify advantages and limitations of models such as their size, scale, properties, and materials;(B) analyze data by identifying significant statistical features, patterns, sources of error, and limitations;(C) use mathematical calculations to assess quantitative relationships in data; and(D) evaluate experimental and engineering designs.(3) The student develops evidence-based explanations and communicates findings, conclusions, and proposed solutions. The student is expected to:(A) develop explanations and propose solutions supported by data and models and consistent with scientific ideas, principles, and theories;(B) communicate explanations and solutions individually and collaboratively in a variety of settings and formats; and(C) engage respectfully in scientific argumentation using applied scientific explanations and empirical evidence.(4) The student knows the contributions of scientists and engineers and recognizes the importance of scientific research and innovation on society. The student is expected to:(A) analyze, evaluate, and critique scientific explanations and solutions by using empirical evidence, logical reasoning, and experimental and observational testing so as to encourage critical thinking by the student;(B) relate the impact of past and current research on scientific thought and society, including research methodology, cost-benefit analysis, and contributions of diverse scientists and engineers as related to the content; and(C) research and explore resources such as museums, libraries, professional organizations, private companies, online platforms, and mentors employed in a science, technology, engineering, and mathematics (STEM) field.(5) The student explores the history of forensic science. The student is expected to:(A) analyze the historical development and current advancements of different forensic science disciplines such as forensic biology, anthropology/odontology, forensic chemistry, trace evidence, ballistics, fingerprints, digital forensics, and questioned documents; and(B) explain significant historical and modern contributions to the development and advancement of forensic science made by contributors such as Edmond Locard, Mathieu Orfila, Francis Galton, Edwin Henry, and Alec Jeffreys.(6) The student analyzes legal aspects within forensic science. The student is expected to:(A) summarize the ethical standards required of a forensic science professional;(B) identify and explain knowledge of terminology and procedures employed in the criminal justice system as they pertain to the chain of custody procedure for evidence;(C) identify and explain knowledge of terminology and procedures employed in the criminal justice system as they pertain to expert witness testimony;(D) research and discuss the effect of biases such as confirmation bias and framing cognitive bias on evidence collection, forensic analysis, and expert testimony; and(E) compare the admissibility of expert witness testimony in terms of the Frye Standard and the Daubert Standard under federal rules of evidence.(7) The student explores career options within forensic science. The student is expected to:(A) explore and describe discipline-specific requirements for careers in forensic science, including collegiate course requirements, licensure, certifications, and physical and mental capabilities;(B) differentiate the roles and responsibilities of professionals in the criminal justice system, including forensic scientists, crime scene investigators, criminologists, court systems personnel, and medicolegal death investigations; and(C) differentiate the functions of various forensic science disciplines such as forensic biology, forensic chemistry, trace evidence, ballistics, fingerprints, digital forensics, and questioned documents.(8) The student recognizes the procedures of crime scene investigation while maintaining scene integrity. The student is expected to:(A) explain the roles and tasks needed to complete a crime scene examination, which may require collaboration with outside experts and agencies, and demonstrate the ability to work as a member of a crime scene team;(B) develop a detailed, technical written record based on observations and activities, documenting the crime scene examination;(C) discuss the elements of criminal law that guide search and seizure of persons, property, and evidence;(D) conduct a primary and secondary systematic search of a simulated crime scene for physical evidence utilizing search patterns such as spiral, line, grid, and zone;(E) document a crime scene using photographic or audiovisual equipment;(F) generate a physical or digital crime scene sketch, including coordinates or measurements from fixed points, compass directions, scale of proportion, legend-key, heading, and title block; and(G) demonstrate proper techniques for collecting, packaging, and preserving physical evidence found at a crime scene while maintaining documentation, including chain of custody.(9) The student analyzes fingerprint evidence in forensic science. The student is expected to:(A) compare the three major fingerprint patterns of arches, loops, and whorls;(B) identify the minutiae of fingerprints, including bifurcations, ending ridges, dots, short ridges, and enclosures/islands;(C) distinguish between patent, plastic, and latent impressions;(D) perform procedures for developing and lifting latent prints on nonporous surfaces using cyanoacrylate and fingerprint powders; (E) perform procedures for developing latent prints using chemical processes on porous and adhesive surfaces with chemicals such as ninhydrin and crystal violet and documenting the results via photography; and(F) explain the Integrated Automated Fingerprint Identification System (IAFIS) and describe the implications of Next Generation Identification (NGI) systems.(10) The student collects and analyzes impression evidence in forensic science. The student is expected to:(A) analyze the class and individual characteristics of tool mark impressions and the recovery and documentation of surface characteristics such as wood or metal;(B) analyze the class and individual characteristics of footwear impressions and the recovery and documentation of surface characteristics such as soil or organic plant material;(C) analyze the class and individual characteristics of tire tread impressions and the recovery documentation of surface characteristics such as soil or organic plant material; and(D) compare impression evidence collected at a simulated crime scene with the known impression.(11) The student recognizes the methods to process and analyze hair and fibers found in a crime scene. The student is expected to:(A) demonstrate how to collect hair and fiber evidence at a simulated crime scene;(B) perform the analysis of hair and fiber evidence using forensic science methods such as microscopy and flame testing;(C) compare the microscopic characteristics of human hair and non-human hair, including medulla, pigment distribution, and scales;(D) describe and illustrate the different microscopic characteristics used to determine the origin of a human hair sample; and(E) differentiate between natural and synthetic fibers.(12) The student recognizes the methods to process and analyze glass evidence. The student is expected to:(A) demonstrate how to collect and preserve glass evidence; (B) compare the composition of various types of glass such as soda lime, borosilicate, leaded, and tempered;(C) determine the direction of a projectile by examining glass fractures; and(D) define refractive index and explain how it is used in forensic glass analysis.(13) The student explores principles of questioned document analysis in the physical and digital form. The student is expected to:(A) research and explain different types of examinations performed on digital and physical evidence in a forensic laboratory such as digital data recovery, counterfeiting, ink, and paper analysis;(B) investigate and describe the security features incorporated in U.S. and foreign currency to prevent counterfeiting; and(C) perform handwriting comparisons of an unknown sample with exemplars by analyzing characteristics such as letter, line, and formatting.(14) The student evaluates firearms and ballistics evidence. The student is expected to:(A) describe the mechanism of modern firearms such as long guns and handguns;(B) identify the components and characteristics of bullet and cartridge cases;(C) describe the composition of and method of analysis for gunshot residue and primer residue;(D) conduct and calculate trajectory analysis of bullet strikes within a simulated crime scene; and(E) identify and recognize the type of information available through the National Integrated Ballistics Information Network. (15) The student identifies controlled and illicit substances. The student is expected to:(A) differentiate between toxicological analysis and controlled substance analysis as they relate to the method of collection and impact on the body;(B) classify controlled substances using the schedules under the Controlled Substances Act; and(C) identify unknown substances using presumptive and confirmatory procedures such as microchemical/color indicating reagent field tests, microscopy, chromatography, and spectrophotometry.(16) The student explores toxicology in forensic science. The student is expected to:(A) explain the absorption, distribution, metabolization, and elimination of toxins such as alcohol, prescription drugs, controlled substances, and carbon monoxide through the human body;(B) describe presumptive and confirmatory laboratory procedures as they relate to toxicological analysis such as head space analysis, solid-phase extractions, gas chromatography-mass spectrometry (GC/MS), color tests, and immunoassays;(C) interpret results from presumptive and confirmatory laboratory procedures, including GC/MS and their implications; and(D) explain the precautions necessary in the forensic laboratory for proper preservation of biological samples.(17) The student analyzes blood spatter at a simulated crime scene. The student is expected to:(A) analyze blood stain patterns based on surface type and appearance such as size, shape, distribution and location in order to determine the mechanism by which the patterns are created;(B) explain the methods of chemically enhancing latent blood patterns using reagents such as Blue Star or Amido Black; and(C) conduct and interpret blood presumptive tests for various biologicals such as phenolphthalein and tetramethylbenzidine (TMB).(18) The student analyzes the foundations and methodologies surrounding the processing of biological evidence for the purpose of identification. The student is expected to:(A) identify different types of biological samples and practice proper collection and preservation techniques;(B) identify the red blood cell antigens and antibodies as they relate to human blood types;(C) describe the structure of a deoxyribonucleic acid (DNA) molecule and its function;(D) explain the analytical procedure for generating a DNA profile, including extraction, quantification, amplification, and capillary electrophoresis;(E) explain the different methodologies surrounding the different types of DNA analysis such as short tandem repeats (STRs), Y-STRs, mitochondrial DNA, and single nucleotide polymorphisms (SNPs);(F) interpret the components of an electropherogram; and(G) explore the databasing systems associated with DNA such as Combined DNA Index System (CODIS) and ancestry-based databasing systems.(19) The student explores the principles surrounding medicolegal death investigations. The student is expected to:(A) explain the principles of rigor, algor, and livor mortis and how they apply to deceased persons;(B) differentiate between the types of wound patterns such as lacerations and blunt force trauma resulting from stabbings, bludgeoning, gunshots, and strangulations;(C) determine cause and manner of death from an autopsy report obtained through resources such as case studies, simulated autopsies, and dissections; and(D) determine the approximate time of death using entomology. (20) The student explores principles of anthropology and odontology relevant to forensic science. The student is expected to:(A) identify the major bones of the human skeletal system;(B) compare composition and structure of human and non-human bones;(C) describe the collection and preservation methods for bone evidence;(D) explain the characteristics of the human skeletal system indicative of specific biological sex and approximate range of age and height; and(E) explain how human remains are identified through dental records such as dentures, x-rays, and implants.</content><note type="source"><p>Source Note: The provisions of this §127.769 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.773"><num value="127.773">§127.773</num><heading>Legal Research and Writing (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills, Adopted 2025) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a course from the Law and Public Service Career Cluster. Recommended prerequisite: Court Systems and Practices. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Legal Research and Writing provides an introduction to the study and practice of legal writing and research. This course is designed to introduce students to the methods and tools used to conduct legal research, develop and frame legal arguments, produce legal writings such as briefs, memorandums, and other legal documents, study U.S. Constitutional law, and prepare for appellate argument(s).(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student conducts legal research. The student is expected to:(A) plan a legal research strategy;(B) access print and online research materials to find and analyze case law;(C) describe the difference between mandatory and persuasive authority;(D) research mandatory and persuasive case history using online databases such as Lexis-Nexis;(E) explain how to shepardize case law;(F) critique other's legal writing(s) to determine whether cited case law and other legal sources were correctly referenced and relied upon for precedential holdings;(G) evaluate and apply concepts found in Bluebook citation rules to one's writing.(2) The student prepares, drafts, and defends legal arguments. The student is expected to:(A) read and analyze case law;(B) read and analyze case procedural history;(C) apply legal precedent to current legal issues; and(D) develop arguments based on research, relevant case law, statutes, and public policy.(3) The student understands, prepares, and drafts legal documents. The student is expected to:(A) use and interpret legal reference documents such as the Bluebook to follow and apply requirements for legal writing and citations;(B) prepare and draft legal briefs that include standard elements, including an introduction, table of authorities, brief answer, introduction, argument, counter-argument, and conclusion;(C) prepare and draft memoranda that follow a standard legal format; and(D) prepare and draft other legal documents such as demand letters and pleadings.(4) The student studies and analyzes U.S. Constitutional law. The student is expected to:(A) analyze the relationship between the U.S. Constitution, Common Law, state law(s), and local law(s);(B) analyze the legal, social, and historical implications of court decisions affecting the interpretation of the U.S. Constitution; (C) predict possible outcomes of future cases and frame arguments in ways that are likely to garner the support of the judiciary; (D) critique cases related to U.S. Constitutional law and other current legal issues such as free exercise clause, establishment clause, due process, and equal protection; and(E) critique cases related to current legal issues.(5) The student participates in a class moot court simulation. The student is expected to:(A) research and evaluate case law on a current legal issue;(B) read and evaluate appellant, respondent, and amici briefs associated with the chosen case;(C) write an appellate brief; and(D) prepare an oral argument and respond to questions during the presentation of the argument.</content><note type="source"><p>Source Note: The provisions of this §127.773 adopted to be effective August 1, 2025, 50 TexReg 3752.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.800"><num value="127.800">§127.800</num><heading>Practicum in Law, Public Safety, Corrections, and Security (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Law and Public Service Career Cluster. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) The practicum course is designed to give students supervised practical application of previously studied knowledge and skills in law, public safety, corrections, and security. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards as required by business and industry. The student is expected to:(A) adhere to policies and procedures;(B) demonstrate positive work behaviors and attitudes such as punctuality, time management, initiative, and cooperation;(C) accept constructive criticism;(D) apply ethical reasoning to a variety of situations in order to make ethical decisions;(E) complete tasks with the highest standards to ensure quality services;(F) describe professional standards in law, public safety, corrections, and security careers such as dress, grooming, and personal protective equipment as appropriate; and(G) comply with practicum setting safety such as rules and regulations to maintain safe and healthful working conditions and environments.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) analyze elements of a problem to develop creative and innovative solutions;(B) critically analyze information to determine its value for the problem-solving task;(C) compare and contrast alternatives using a variety of critical-thinking skills; and(D) conduct technical research to gather information necessary for decision making.(3) The student demonstrates leadership and teamwork skills in collaborating with others to accomplish goals and objectives. The student is expected to:(A) analyze leadership characteristics such as trust, positive attitude, integrity, and willingness to accept key responsibilities in a work situation;(B) demonstrate teamwork skills through working cooperatively with others to achieve tasks;(C) demonstrate teamwork processes that promote skills such as team building, consensus, continuous improvement, respect for the opinions of others, cooperation, adaptability, and conflict resolution;(D) demonstrate responsibility for shared group and individual work tasks;(E) maintain effective working relationships in order to accomplish objectives and tasks;(F) demonstrate effective working relationships using interpersonal skills;(G) apply positive interpersonal skills to work cooperatively with others;(H) demonstrate respect for individuals such as those from different cultures, genders, and backgrounds; and(I) demonstrate sensitivity to and value for diversity.(4) The student demonstrates verbal, nonverbal, and written communication skills in creating, expressing, and interpreting information and ideas, including technical terminology and information. The student is expected to:(A) demonstrate the use of content, technical concepts, and vocabulary when analyzing information and following directions;(B) employ verbal skills when obtaining and conveying information;(C) access information sources for occupational tasks using technical materials and informational texts such as Internet websites;(D) evaluate the reliability of information from technical materials, resources, and informational texts such as Internet websites;(E) interpret verbal and nonverbal behaviors to enhance communication;(F) apply active listening skills to obtain and clarify information; and(G) use academic skills to facilitate effective written and verbal communication such as emails, texting, and written documents.(5) The student demonstrates technical knowledge and skills required to pursue a career in the Law and Public Service Career Cluster. The student is expected to:(A) develop advanced technical knowledge and skills related to the student's occupational objective;(B) evaluate strengths and weaknesses in technical skill proficiency; and(C) accept critical feedback provided by the supervisor.(6) The student documents technical knowledge and skills. The student is expected to:(A) update a professional portfolio reflecting items such as work quality and productivity; technical skills; problem solving; creativity and innovation; communication skills; teamwork and flexibility; initiative and self-direction; accountability and integrity; attendance; licensures or certifications, including awards and scholarships, extended learning experiences, community service, and active participation in career and technical student and professional organizations; abstract of technical competencies mastered during the practicum; updated and current resume; samples of work; and evaluation from the practicum supervisor; and(B) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.800 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.801"><num value="127.801">§127.801</num><heading>Extended Practicum in Law, Public Safety, Corrections, and Security (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Law and Public Service Career Cluster. Corequisite: Practicum in Law, Public Safety, Corrections, and Security. This course must be taken concurrently with Practicum in Law, Public Safety, Corrections, and Security and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services.(3) Extended Practicum in Law, Public Safety, Corrections, and Security is designed to give students supervised practical application of previously studied knowledge and skills in law, public safety, corrections, and security. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student implements advanced professional communications strategies. The student is expected to:(A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations;(C) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(D) apply active listening skills to obtain and clarify information.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of a problem to develop creative and innovative solutions; and(C) conduct technical research to gather information necessary for decision making.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate an understanding of and consistently follow workplace safety rules and regulations; and(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in teaching and training. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; and(C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a supervised law, public safety, corrections, or security experience. The student is expected to:(A) conduct, document, and evaluate learning activities in a supervised law, public safety, corrections, or security experience;(B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) examine, understand, and articulate job-specific technical vocabulary;(D) evaluate strengths and weaknesses in technical skill proficiency; and(E) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.801 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.802"><num value="127.802">§127.802</num><heading>Practicum in Local, State, and Federal Government (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of courses in the Law and Public Service Career Cluster. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Students in the Practicum in Local, State, and Federal Government will concurrently learn advanced concepts of political science and government workings in the classroom setting and in the workplace. In addition, students will apply technical skills pertaining to government and public administration in a direct mentorship by individuals in professional settings such as government, public management and administration, national security, municipal planning, foreign service, revenue, taxation, and regulation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student analyzes classical and modern political theories. The student is expected to:(A) review the works of theorists such as Plato, Aristotle, Cicero, Machiavelli, Confucius, Hobbes, Locke, Hegel, and Marx; and(B) analyze contributions to modern political science from classical theorists such as Polybius, St. Thomas Aquinas, Dante, Bodin, Montesquieu, Kautilya, Ibn Khaldun, Hume, Rousseau, Kant, Smith, Nietzsche, Gandhi, and Keynes.(2) The student analyzes the U.S. Constitution and constitutional law. The student is expected to:(A) review basic information related to the U.S. Constitution such as the Articles of Confederation, framers of the Constitution, constitutional conventions, separation of powers, checks and balances, ratification, and the amendment process; and(B) create a classroom Constitution and Bill of Rights simulating the U.S. Constitution.(3) The student explores government ethics. The student is expected to formulate a plan for avoiding ethical problems in the future.(4) The student conducts a project using analytical problem-solving techniques. The student is expected to:(A) research a problem such as a government and public administration issue, a feasibility study, or a product evaluation;(B) investigate the issues associated with the problem;(C) collect primary data such as interviews, surveys, and observations;(D) express thoughts logically and sequentially in preparing a formal report;(E) interpret and present quantitative data in graph format within the report;(F) prepare visuals and handouts to support the presentation; and(G) make a final presentation of the study to the appropriate stakeholders.(5) The student documents knowledge and skills attained in the practicum. The student is expected to:(A) update a professional portfolio to include recognitions, awards, scholarships, a resume, a sample of work, and an evaluation from the practicum supervisor; and(B) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.802 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scN/s127.803"><num value="127.803">§127.803</num><heading>Extended Practicum in Local, State, and Federal Government (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Law and Public Service Career Cluster. Corequisite: Practicum in Local, State, and Federal Government. This course must be taken concurrently with Practicum in Local, State, and Federal Government and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Law and Public Service Career Cluster focuses on planning, managing, and providing legal services, public safety, protective services, and homeland security, including professional and technical support services. (3) Students in the Extended Practicum in Local, State, and Federal Government will concurrently learn advanced concepts of political science and government workings in the classroom setting and in the workplace. In addition, students will apply technical skills pertaining to government and public administration in a direct mentorship by individuals in professional settings such as government, public management and administration, national security, municipal planning, foreign service, revenue, taxation, and regulation.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student implements advanced professional communications strategies. The student is expected to:(A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations;(C) create and deliver formal and informal presentations in an effective manner; and(D) observe and interpret verbal and nonverbal cues and behaviors to enhance communication.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions; and(B) analyze elements of a problem to develop creative and innovative solutions.(3) The student understands the professional, ethical, and legal responsibilities in government and public administration. The student is expected to:(A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) show integrity by choosing the ethical course of action when making decisions; and(C) comply with all applicable rules, laws, and regulations in a consistent manner.(4) The student conducts a project using analytical problem-solving techniques. The student is expected to:(A) conduct, document, and evaluate learning activities in a supervised government or public administration experience;(B) research a problem, complete a feasibility study, or complete a product evaluation related to a government and public administration issue;(C) collect primary data such as interviews, surveys, and observations;(D) interpret and present quantitative data;(E) evaluate strengths and weaknesses in technical skill proficiency; and(F) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.803 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scO"><num value="O">SUBCHAPTER O</num><heading>MANUFACTURING</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.810"><num value="127.810">§127.810</num><heading>Principles of Manufacturing (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Algebra I or Geometry. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) In Principles of Manufacturing, students are introduced to knowledge and skills used in the proper application of principles of manufacturing. The study of manufacturing technology allows students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities. Students will gain an understanding of what employers require to gain and maintain employment in manufacturing careers.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies manufacturing concepts to specific problems. The student is expected to:(A) distinguish between disciplines such as engineering, science, manufacturing, and technology;(B) use tools such as calculators and computers to solve problems; and(C) use a variety of measuring instruments.(2) The student applies communication, mathematics, and science knowledge and skills to manufacturing activities. The student is expected to:(A) demonstrate communication techniques consistent with industry standards;(B) locate relevant information needed to solve problems;(C) apply mathematics concepts to solve manufacturing problems;(D) analyze science principles used to solve problems; and(E) use the appropriate units of measure.(3) The student manufactures products using the appropriate tools, equipment, machines, materials, and technical processes. The student is expected to:(A) analyze the processes needed to complete a project such as initiate, plan, execute, monitor and control, and close; and(B) use a variety of tools and equipment to produce an item.(4) The student practices safe work habits. The student is expected to: (A) master relevant safety tests based on OSHA guidelines and principles; and(B) use Material Safety Data Sheets (MSDS) to analyze, store, and safely dispose of hazardous materials.(5) The student describes the importance of maintenance. The student is expected to:(A) perform maintenance on selected equipment; and(B) analyze the results of improper maintenance.(6) The student describes the factors that affect the evolution of technology. The student is expected to:(A) analyze how changes in technology affect manufacturing practices;(B) evaluate how the development of technology in manufacturing is influenced by past events;(C) analyze the international effects of technology;(D) demonstrate how advancements in technology have affected the field of engineering; and(E) evaluate the factors that affect the implementation of new ideas.(7) The student selects and reports on career opportunities, requirements, and expectations in manufacturing and technology. The student is expected to:(A) investigate an area of interest in manufacturing;(B) analyze the various specializations in manufacturing; and(C) describe the functions of engineers, technologists, and technicians.</content><note type="source"><p>Source Note: The provisions of this §127.810 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.811"><num value="127.811">§127.811</num><heading>Diversified Manufacturing I (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Algebra I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) In Diversified Manufacturing I, students gain knowledge and skills in the application, design, production, and assessment of products, services, and systems and how those knowledge and skills are applied to manufacturing. The study of manufacturing systems allows students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings in a manufacturing setting. Diversified Manufacturing I allows students the opportunity to understand the process of mass production by using a wide variety of materials and manufacturing techniques. Knowledge about career opportunities, requirements, and expectations and the development of skills prepare students for workplace success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the requirements of manufacturing. The student is expected to:(A) demonstrate effective oral and written communication skills with individuals from varied cultures, including fellow workers, management, and customers;(B) interpret engineering drawings, charts, diagrams, and welding symbols; and(C) select algebraic and geometric principles and formulas required for precision measuring operations.(2) The student differentiates between the technical concepts that form the knowledge and skills of manufacturing. The student is expected to:(A) use tools and equipment commonly employed in manufacturing in a safe manner;(B) demonstrate an understanding of the safety regulations for the different types of manufacturing equipment such as cutting, abrasive, boring, turning, shaping, and forming tools;(C) execute procedures using the different types of manufacturing equipment such as cutting, abrasive, boring, turning, shaping, and forming tools;(D) research the modern materials used in manufacturing; and(E) perform varied measurements, including precision measurements.(3) The student investigates emerging and innovative applications of technology in engineering. The student is expected to:(A) report on innovative applications of technology in engineering;(B) experiment with new technologies; and(C) experiment with different manufacturing materials such as plastic, composites, fiberglass, stone, and wood.(4) The student manufactures products or systems using the appropriate tools, equipment, machines, materials, and technical processes. The student is expected to:(A) analyze the processes needed to complete a project such as initiate, plan, execute, monitor and control, and close; and(B) use a variety of equipment and machines to produce an item to specification.(5) The student practices safe work habits. The student is expected to:(A) master safety tests developed from Occupational Safety and Health Administration regulations;(B) analyze hazardous materials;(C) dispose of hazardous materials safely; and(D) store all materials correctly.(6) The student participates in a mass manufacturing project. The student is expected to:(A) participate in the manufacturing of a mass produced project; and(B) develop a method to check and maintain quality control throughout the manufacturing process.(7) The student identifies the factors that influence the cost of an item or service. The student is expected to:(A) develop a budget for a project; and(B) determine the most effective strategies to minimize costs.(8) The student describes the relationship between manufacturing and marketing. The student is expected to:(A) prepare a marketing plan for a product;(B) analyze the effect of customer satisfaction on the image of a product; and(C) analyze how customer demands influence the design of an object.(9) The student applies communication, mathematics, and science knowledge and skills to manufacturing activities. The student is expected to:(A) demonstrate communication techniques consistent with industry standards;(B) locate relevant information needed to solve problems;(C) apply mathematics concepts to solve manufacturing problems;(D) analyze science principles used to solve problems; and(E) use appropriate units of measure.</content><note type="source"><p>Source Note: The provisions of this §127.811 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.812"><num value="127.812">§127.812</num><heading>Diversified Manufacturing II (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Diversified Manufacturing I. Recommended prerequisite: Algebra I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) In Diversified Manufacturing II, students will gain knowledge and skills in the application, design, production, and assessment of products, services, and systems and how those knowledge and skills are applied to manufacturing. The study of manufacturing systems allows students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings in a manufacturing setting. Diversified Manufacturing II allows students the opportunity to understand the process of mass production by using a wide variety of materials and manufacturing techniques. Knowledge about career opportunities, requirements, and expectations and the development of skills prepare students for workplace success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the requirements of manufacturing. The student is expected to:(A) demonstrate effective oral and written communication skills with individuals from varied cultures, including fellow workers, management, and customers;(B) interpret engineering drawings, charts, diagrams, and welding symbols;(C) select algebraic and geometric principles and formulas required for precision measuring operations;(D) develop the information needed to mass produce a simple project such as flow charts, schedules, equipment lists, and material lists; and(E) explore the use of jigs and fixtures in mass production. (2) The student differentiates among the technical concepts that form the knowledge and skills of manufacturing. The student is expected to:(A) use tools and equipment commonly employed in manufacturing in a safe manner;(B) adhere to safety regulations for the different types of manufacturing equipment such as cutting, abrasive, boring, turning, shaping, and forming tools;(C) execute procedures using the different types of manufacturing equipment such as cutting, abrasive, boring, turning, shaping, and forming tools;(D) perform varied measurements, including precision measurements;(E) design and develop the jigs and fixtures for a simple four (or fewer) part product; and(F) participate in the production run off of the product.(3) The student learns skills in production and programming of computer numerical control (CNC) operations. The student is expected to:(A) develop a CNC program using a computer-aided manufacturing (CAM) program; and(B) execute the CNC program to machine a product or run a simulation of the program.(4) The student investigates emerging and innovative applications of technology in manufacturing. The student is expected to:(A) research innovative technologies in manufacturing; and(B) experiment with different manufacturing materials such as plastic, composites, fiberglass, stone, and wood.(5) The student manufactures products or systems using the appropriate tools, equipment, machines, materials, and technical processes. The student is expected to:(A) analyze engineering properties such as the processes needed to complete a project;(B) analyze the processes needed to complete a project such as initiate, plan, execute, monitor and control, and close; and(C) use a variety of tools and equipment to produce a product to specification.(6) The student practices safe work habits. The student is expected to:(A) master safety tests based on Occupational Safety and Health Administration regulations;(B) analyze hazardous materials;(C) dispose of hazardous materials; and(D) store all materials safely.(7) The student participates in the manufacturing of a mass-produced product. The student is expected to:(A) participate in the manufacturing of products; and(B) develop a method to check and maintain quality control throughout the manufacturing process.(8) The student identifies the factors that influence the cost of an item. The student is expected to:(A) calculate costs associated with production of a mass-produced product; and(B) re-examine the manufacturing process to maximize efficiency and minimize costs without compromising the integrity and marketability of the product.(9) The student describes the relationship between manufacturing and marketing. The student is expected to:(A) prepare a marketing plan for a product;(B) analyze the effect of customer satisfaction on the image of a product; and(C) analyze how customer demands influence the design of an object.(10) The student applies communication, mathematics, and science knowledge and skills to manufacturing activities. The student is expected to:(A) demonstrate communication techniques consistent with industry standards;(B) locate relevant information needed to solve problems;(C) apply mathematics concepts to solve manufacturing problems;(D) analyze science principles used to solve problems; and(E) use appropriate units of measure.</content><note type="source"><p>Source Note: The provisions of this §127.812 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.813"><num value="127.813">§127.813</num><heading>Manufacturing Engineering Technology I (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Algebra I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) In Manufacturing Engineering Technology I, students will gain knowledge and skills in the application, design, production, and assessment of products, services, and systems and how those knowledge and skills are applied to manufacturing. Students will prepare for success in the global economy. The study of manufacturing engineering will allow students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings in a manufacturing setting.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies software skills to manufacturing. The student is expected to:(A) use computer-aided design (CAD) software to complete a design;(B) analyze the results of product testing in a simulated modeling environment; and(C) fabricate a prototype design of a mechanical part.(2) The student gains skills in writing programmable logic controls so that a robot can work in coordination with a machine. The student is expected to:(A) use computer-integrated manufacturing techniques to simulate a manufacturing process; and(B) troubleshoot programmable logic circuit devices.(3) The student performs functions and solves problems in the electricity and electronics field. The student is expected to:(A) research the use of control devices; and(B) demonstrate the use of control devices.(4) The student learns skills in production and programming of computer numerical control (CNC) operations. The student is expected to:(A) design a product using computer-aided manufacturing (CAM) software for production on a CNC lathe;(B) produce a product on the CNC lathe or a simulation;(C) design a product using CAM software for production on a CNC mill;(D) produce a product on the CNC mill or a simulation; and(E) complete data sheets for plan, do, check, and act forms and projects.(5) The student knows mechanical and fluid systems. The student is expected to:(A) identify, describe, and demonstrate the use of mechanical devices; and(B) identify, describe, and demonstrate the use of fluid devices.(6) The student knows electrical and thermal systems. The student is expected to:(A) identify and describe electrical devices;(B) demonstrate the use of electrical devices; and(C) research the effects of heat energy and temperature on products.(7) The student understands quality-control systems. The student is expected to:(A) research and recognize industrial standards such as International Standards Organization and Military Specifications;(B) explain attribute and Pareto charts; and(C) apply statistical process control.</content><note type="source"><p>Source Note: The provisions of this §127.813 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.814"><num value="127.814">§127.814</num><heading>Manufacturing Engineering Technology II (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Manufacturing Engineering Technology I. Recommended prerequisite: Algebra II, Computer Science I, or Physics. This course satisfies a high school mathematics graduation requirement. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) In Manufacturing Engineering Technology II, students will gain knowledge and skills in the application, design, production, and assessment of products, services, and systems and how those knowledge and skills are applied to manufacturing. The study of Manufacturing Engineering Technology II will allow students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings.(4) The process standards describe ways in which students are expected to engage in the content. The placement of the process standards at the beginning of the knowledge and skills listed for each grade and course is intentional. The process standards weave the other knowledge and skills together so that students may be successful problem solvers and use mathematics efficiently and effectively in daily life. The process standards are integrated at every grade level and course. When possible, students will apply mathematics to problems arising in everyday life, society, and the workplace. Students will use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution. Students will select appropriate tools such as real objects, manipulatives, paper and pencil, and technology and techniques such as mental math, estimation, and number sense to solve problems. Students will effectively communicate mathematical ideas, reasoning, and their implications using multiple representations such as symbols, diagrams, graphs, and language. Students will use mathematical relationships to generate solutions and make connections and predictions. Students will analyze mathematical relationships to connect and communicate mathematical ideas. Students will display, explain, or justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(5) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student uses mathematical processes to acquire and demonstrate mathematical understanding. The student is expected to:(A) apply mathematics to problems arising in everyday life, society, and the workplace;(B) use a problem-solving model that incorporates analyzing given information, formulating a plan or strategy, determining a solution, justifying the solution, and evaluating the problem-solving process and the reasonableness of the solution;(C) select tools, including real objects, manipulatives, paper and pencil, and technology as appropriate, and techniques, including mental math, estimation, and number sense as appropriate, to solve problems;(D) communicate mathematical ideas, reasoning, and their implications using multiple representations, including symbols, diagrams, graphs, and language as appropriate;(E) create and use representations to organize, record, and communicate mathematical ideas;(F) analyze mathematical relationships to connect and communicate mathematical ideas; and(G) display, explain, and justify mathematical ideas and arguments using precise mathematical language in written or oral communication.(2) The student applies design skills to manufacturing. The student is expected to:(A) use computer-aided design (CAD) software to complete a design;(B) analyze the results of product testing in a simulated modeling environment;(C) fabricate a prototype design of a mechanical part; and(D) use computer-integrated manufacturing techniques to simulate a manufacturing process.(3) The student performs functions and solves problems in the electricity and electronics field. The student is expected to:(A) develop solutions to use control devices; and(B) troubleshoot control devices such as programmable logic circuit devices.(4) The student learns skills in production and programming of computer numerical control (CNC) operations. The student is expected to:(A) design a project using computer-aided manufacturing (CAM) software for a CNC lathe;(B) produce a product on a CNC lathe or simulator;(C) design a project using CAM software for a CNC mill;(D) produce a product on a CNC mill or simulator; and(E) complete data sheets for plan, do, check, and act forms and projects.(5) The student demonstrates an understanding of mechanical and fluid systems. The student is expected to:(A) use mechanical devices;(B) use pneumatics devices; and(C) use hydraulics devices.(6) The student demonstrates an understanding of electrical and thermal systems. The student is expected to:(A) use electrical controls;(B) analyze the effects of heat energy and temperature on products; and(C) develop an understanding of ventilation such as heating, air conditioning, and refrigeration.(7) The student analyzes quality-control systems. The student is expected to:(A) apply statistical process control;(B) determine hardness values of different materials; and(C) analyze attribute and Pareto charts.(8) The student develops a system using electrical controls and pneumatics or hydraulics devices. The student is expected to:(A) design a system that incorporates electrical controls and either a pneumatic or hydraulic device;(B) build a system that incorporates electrical controls and either a pneumatic or hydraulic device; and(C) test and troubleshoot the system that incorporates electrical controls and either a pneumatic or hydraulic device.</content><note type="source"><p>Source Note: The provisions of this §127.814 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.815"><num value="127.815">§127.815</num><heading>Metal Fabrication and Machining I (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Algebra I or Geometry. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Metal Fabrication and Machining I provides the knowledge, skills, and certifications required for equal employment opportunities in the metal production industry. Students must have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies academic skills to the requirements of metal manufacturing. The student is expected to:(A) demonstrate effective oral and written communication skills with individuals from varied cultures, including fellow workers, management, and customers;(B) interpret engineering drawings, charts, diagrams, and welding symbols; and(C) select algebraic and geometric principles and formulas required for precision measuring operations.(2) The student differentiates the technical concepts that form the knowledge and skills of metal manufacturing. The student is expected to:(A) analyze the resources found in The Machinery's Handbook as well as the specifications and codes written by the American Welding Society (AWS), Canadian Welding Bureau (CWB), American National Standards Institute (ANSI), and American Petroleum Institute (API);(B) examine the theory of shielded metal arc welding and gas metal arc welding;(C) examine the sheet metal industry; and(D) examine the nomenclature of abrasive wheels.(3) The student differentiates the function and application of the tools, equipment, technologies, and materials used in metal manufacturing. The student is expected to:(A) use hand and power tools and equipment commonly employed in metal manufacturing; and(B) dispose of environmentally hazardous materials used in metal manufacturing.(4) The student applies the technical concepts and skills of the machining industry to simulated and actual work situations. The student is expected to:(A) use various work mounting procedures on all appropriate machines;(B) operate machine tools such as drill press, lathe, saw, grinders, and milling machines;(C) execute lathe procedures such as cutting threads, turning tapers, drilling, reaming, polishing, knurling, and boring; and(D) execute milling procedures such as milling flat surfaces, bevels, chamfers, grooves, and key-way seats needed to machine precision pieces.(5) The student applies the technical concepts and skills of the welding industry to simulated and actual work situations. The student is expected to:(A) perform cutting processes such as straight cuts, bevel cuts, and hole piercing with oxy-fuel and plasma;(B) use the common types of electrodes with the shield metal arc welding process;(C) practice using gas metal arc welding to weld in multiple positions to produce groove and fillet welds; and(D) inspect groove and fillet welds to AWS, CWB, ANSI, and API codes.(6) The student applies the technical concepts and skills of the sheet metal industry to simulate actual work situations. The student is expected to:(A) use mathematics in precision measuring operations; and(B) interpret, engineering drawings, charts, and diagrams as related to the sheet metal industry.(7) The student differentiates the concepts that form the technical knowledge and skills of sheet metal manufacturing. The student is expected to:(A) analyze the types, sizes, and properties of sheet metal materials;(B) analyze the fundamentals of oxy-fuel processes as related to sheet metal; and(C) analyze the fundamentals of shielded metal arc welding and gas metal arc welding as related to sheet metal under various AWS codes.(8) The student understands the function and application of the tools, equipment, technologies, and materials used in sheet metal manufacturing. The student is expected to:(A) practice safe use of equipment; and(B) dispose of hazardous materials used in sheet metal manufacturing.(9) The student applies the knowledge and skills of sheet metal manufacturing in simulated and actual work situations. The student is expected to:(A) draw simple metal layouts; and(B) construct common sheet metal seams.</content><note type="source"><p>Source Note: The provisions of this §127.815 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.816"><num value="127.816">§127.816</num><heading>Metal Fabrication and Machining II (Two Credits), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Metal Fabrication and Machining I. Recommended prerequisites: Geometry and Algebra II. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Metal Fabrication and Machining II builds on the knowledge, skills, and certifications students acquire in Metal Fabrication and Machining I. Students will develop advanced concepts and skills as related to personal and career development. This course integrates academic and technical knowledge and skills. Students will have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student describes the importance of teamwork, leadership, integrity, honesty, work habits, and organizational skills. The student is expected to:(A) use teamwork to solve problems;(B) distinguish among team roles such as team leaders and team members;(C) discuss Equal Employment Opportunity law in the workplace; and(D) use time-management techniques to develop work schedules.(2) The student applies advanced academic skills to the requirements of metal fabrication and machining. The student is expected to:(A) demonstrate effective communication skills with individuals from varied cultures such as fellow workers, management, and customers;(B) successfully complete work orders;(C) estimate labor costs using various algebraic formulas; (D) interpret advanced engineering drawings, charts, diagrams, and welding symbols; and(E) demonstrate calculation of precision measuring operations using algebra, geometry, and trigonometry.(3) The student knows the advanced concepts that form the technical knowledge and skills of metal fabrication and machining. The student is expected to:(A) analyze the resources found in various manufacturing reference materials;(B) demonstrate knowledge of the various welding processes; (C) examine the sheet metal industry; and(D) examine the advanced use of abrasives.(4) The student knows the function and application of the tools, equipment, technologies, and materials used in metal fabrication and machining. The student is expected to:(A) operate various welding machines, cutting equipment, and grinding equipment commonly employed in metal fabrication;(B) demonstrate knowledge of computer numerical control (CNC) machines;(C) demonstrate knowledge of the concepts of automated welding machines;(D) demonstrate knowledge of emerging technologies that may affect metal manufacturing; and(E) dispose of environmentally hazardous materials associated with and used in metal fabrication manufacturing.(5) The student applies the advanced concepts and technical knowledge and skills of the machining industry to simulated and actual work situations. The student is expected to:(A) use various work mounting procedures on appropriate machines;(B) examine the cutting operations such as drill press, lathe, saw, grinders, and milling machines;(C) execute lathe procedures such as cut threads, turn tapers, drills, reams, polishes, knurls, and bores;(D) mill flat surfaces, bevels, chamfers, grooves, and key-seats; and(E) machine precision pieces.(6) The student applies the advanced concepts and technical knowledge and skills of the welding industry to simulated and actual work situations. The student is expected to:(A) demonstrate cutting processes such as oxy-fuel and plasma;(B) demonstrate the use of the common types of electrodes using the shielded metal arc welding process;(C) use shielded metal arc welding, gas metal arc welding, and gas tungsten arc welding to weld fillet and groove welds using various positions; and(D) inspect welds to the American Welding Society (AWS), Canadian Welding Bureau (CWB), American National Standards Institute (ANSI), and American Petroleum Institute (API) codes.(7) The student applies the advanced concepts and technical knowledge and skills of the sheet metal industry to simulated and actual work situations. The student is expected to:(A) estimate labor costs;(B) use advanced mathematics in precision measuring operations; and(C) interpret industrial standard blueprints, drawings, charts, and diagrams.(8) The student knows the advanced concepts and technical knowledge and skills of sheet metal manufacturing. The student is expected to:(A) analyze properties of sheet metal materials and fasteners;(B) analyze oxy-fuel processes as related to sheet metal; and(C) demonstrate knowledge of shielded metal arc welding, gas metal arc welding, and gas tungsten arc welding as related to sheet metal under AWS code.(9) The student knows the function and application of the tools, equipment, technologies, and materials used in sheet metal. The student is expected to:(A) use equipment commonly employed in sheet metal safely;(B) dispose of environmentally hazardous materials used in sheet metal manufacturing properly; and(C) demonstrate knowledge of emerging technologies that may affect sheet metal.(10) The student applies the advanced concepts and technical skills in simulated and actual work situations. The student is expected to:(A) draw advanced sheet metal layouts;(B) construct sheet metal seams;(C) construct transitions and offsets;(D) use the gas tungsten arc welding process in sheet metal construction;(E) apply the principles of sheet metal construction to the fabrication of various sheet metal products; and(F) apply skills in sheet metal to career preparation learning experiences.</content><note type="source"><p>Source Note: The provisions of this §127.816 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.817"><num value="127.817">§127.817</num><heading>Precision Metal Manufacturing I (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Manufacturing and completion of or concurrent enrollment in Algebra I or Geometry. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering. (3) Precision Metal Manufacturing I will provide the knowledge, skills, and technologies required for employment in precision machining. While the course is designed to provide necessary skills in machining, it also provides a real-world foundation for any engineering discipline. This course may address a variety of materials such as plastics, ceramics, and wood in addition to metal. Students will develop knowledge of the concepts and skills related to precision metal manufacturing to apply them to personal and career development. This course supports integration of academic and technical knowledge and skills. Students will have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills prepare students for success. This course is designed to provide entry-level employment for the student or articulated credit integration into a community college and dual credit with a community college with completion of the advanced course.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student explores the employability characteristics of a successful worker in the global economy. The student is expected to:(A) determine academic knowledge and skills required for postsecondary education; (B) identify employers' expectations to foster positive customer satisfaction;(C) demonstrate the professional standards required in the workplace such as interviewing skills, flexibility, willingness to learn new skills and acquire knowledge, self-discipline, self-worth, positive attitude, and integrity in a work situation;(D) evaluate personal career goals;(E) communicate effectively with others in the workplace to clarify objectives; and(F) demonstrate skills related to health and safety in the workplace as specified by appropriate governmental regulations.(2) The student applies advanced academic skills to the requirements of precision metal manufacturing. The student is expected to:(A) demonstrate technical writing skills related to writing requirements found in manufacturing;(B) demonstrate mathematical skills such as algebra, geometry, trigonometry, statics, and conversion as applied to machining;(C) interpret engineering drawings, including drawings using geometric dimensioning and tolerancing;(D) describe orthographic and isometric views of three-dimensional figures;(E) evaluate mathematics as it applies to precision machining operations; and(F) discuss basic concepts of physics as applied to machining.(3) The student recognizes the concepts and skills that form the technical knowledge required in precision machining. The student is expected to:(A) examine the resources found in recognized manufacturing reference materials such as The Machinery's Handbook; and(B) demonstrate knowledge of the uses of reference charts such as tap drill charts, drill size charts, and feed-speed charts.(4) The student evaluates the function and application of the tools, equipment, technologies, and materials used in precision machining. The student is expected to:(A) practice safety while running equipment commonly employed in machine shops;(B) identify and properly dispose of environmentally hazardous materials used in machine shops;(C) demonstrate knowledge of computer numerical control (CNC) operations;(D) demonstrate knowledge of emerging technologies that may affect the machine shop;(E) demonstrate knowledge of heating metals such as hardening, tempering, annealing, normalizing, and case hardening steel;(F) apply technical knowledge and skills in a machine shop to career preparation experiences;(G) identify basic metallic and non-metallic materials; and(H) compare various abrasives for type, structure, bond, and use.(5) The student employs skills necessary to perform bench work and layout. The student is expected to:(A) use equipment commonly employed in bench work and layout in a safe manner;(B) develop the ability to use a file to cut flats, angles, and radiuses;(C) employ standard layout tools to transfer a part design to the actual part;(D) perform center punching and hand drilling of holes using an electric or air hand drill;(E) perform hand tapping of holes;(F) perform hand reaming of holes using an electric or air hand drill;(G) develop a detailed layout part such as the National Institute for Metalworking Skills (NIMS) Level 1 layout part;(H) develop a detailed bench work part such as the NIMS Level 1 bench work part; and(I) employ basic housekeeping skills as applied to a machine shop.(6) The student employs skills necessary to perform precision measurement. The student is expected to:(A) use equipment commonly used during precision measurement in a safe manner;(B) write an inspection plan;(C) identify and select the required measuring instrument(s) to conduct the required inspection procedure(s); and(D) describe statistical process control.(7) The student employs skills necessary to perform manual lathe work. The student is expected to:(A) use equipment such as accessories commonly implemented on and around a lathe in a safe manner;(B) analyze the advantages and disadvantages between a four-jaw independent chuck, a three-jaw universal chuck, and a collet workholding system;(C) indicate a part in a four-jaw independent chuck within.003" total indicated runout (TIR) using a standard indicator;(D) identify and describe the function of the components of a lathe;(E) identify and use most accessories and tooling for turning operations;(F) demonstrate the standard turning operations of boring, chamfering, cutting tapers, drilling, facing, grooving, knurling, polishing, threading, and turning on a manual lathe;(G) write a detailed process plan for turning, including appropriate processes such as feeds, speeds, tool selection, and sequencing; (H) develop a detailed turning part such as the NIMS Level 1 turning, chucking or turning between centers part; and(I) employ basic preventative maintenance on the lathe.(8) The student employs skills necessary to perform manual milling work. The student is expected to:(A) use equipment commonly used with a milling machine in a safe manner;(B) analyze the advantages and disadvantages of various work holding methods such as using a vise, clamping to a table, and clamping to an angle plate;(C) contrast the various ancillary tools used on milling machines such as a rotary table, indexing head, and super spacer;(D) identify or describe the function of the components of a milling machine;(E) tram in the head of a vertical milling machine;(F) locate and set a work piece in a milling vise employing a dial indicator;(G) develop a square block in the milling machine to close tolerances;(H) demonstrate various hole-making activities such as spot drilling, drilling, reaming, tapping, countersinking, and boring on the milling machine;(I) demonstrate various milling activities such as climb milling, conventional milling, slotting, grooving, cutting angles, and chamfering;(J) write a detailed process plan, including appropriate feeds, speeds, tool selection, work holding methods, and sequencing for milling;(K) develop a detailed milling part such as the NIMS Level 1 milling part; and(L) employ basic preventative maintenance on the milling machine.(9) The student employs skills necessary to perform work on various support equipment commonly found in a machine shop. The student is expected to:(A) use various support equipment commonly found in a machine shop in a safe manner;(B) understand basic pedestal grinder functions such as wheel selection criteria and requirements;(C) understand basic sawing functions such as band type, speed, and feeds for various types of material;(D) understand basic drill press operations, including work holding, appropriate speeds, and feeds; and(E) use proper safety procedures for surface grinding operations.</content><note type="source"><p>Source Note: The provisions of this §127.817 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.818"><num value="127.818">§127.818</num><heading>Precision Metal Manufacturing II (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Precision Metal Manufacturing I. Recommended corequisite: Precision Metal Manufacturing II Lab. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering. (3) Precision Metal Manufacturing II will provide students the knowledge, skills, and technologies required for employment in precision machining. While this course is designed to provide necessary skills in machining, it also provides a real-world foundation for any engineering discipline. This course addresses a variety of materials such as plastics, ceramics, and wood in addition to metal. Students will develop knowledge of the concepts and skills related to these systems to apply them to personal and career development. This course supports integration of academic and technical knowledge and skills. Students will have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills prepare students for success. This course is designed to provide entry-level employment for the student or articulated credit integration into a community college and dual credit with a community college with completion of the advanced course.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student explores the employability characteristics of a successful worker in the global economy. The student is expected to:(A) determine academic knowledge and skills required for postsecondary education;(B) identify employers' expectations to foster positive customer satisfaction;(C) demonstrate the standards required in the workplace such as interviewing skills, flexibility, willingness to learn new skills and acquire knowledge, self-discipline, self-worth, positive attitude, and integrity in a work situation;(D) evaluate progress toward personal career goals;(E) communicate effectively with others in the workplace to clarify objectives; and(F) demonstrate skills related to health and safety in the workplace as specified by appropriate governmental regulations.(2) The student applies the technical knowledge and skills of advanced precision metal manufacturing. The student is expected to:(A) apply the technical aspects found in The Machinery's Handbook resource; and(B) select appropriate resources from the Internet as applied to manufacturing.(3) The student builds on the manual machining skills gained in Precision Metal Manufacturing I. The student is expected to:(A) develop a detailed turning part such as the National Institute for Metalworking Skills (NIMS) Level 1 turning, chucking, or turning between centers part with zero defects (100% to the print) in a safe manner; and(B) develop a detailed milling part such as the NIMS Level 1 milling part with zero defects (100% to the print) in a safe manner.(4) The student learns about standard computer numerical control (CNC) machinery. The student is expected to:(A) research the history of numerical control machines;(B) distinguish among different types of CNC machines used in the industry;(C) demonstrate safety rules for CNC operation;(D) demonstrate the methods by which programs can be entered into a controller; and(E) use appropriate machining terminology to enhance CNC vocabulary. (5) The student appraises various CNC systems to differentiate the development and implementation of those systems. The student is expected to:(A) examine the types of drive motors used on CNC machinery; (B) explain the Cartesian coordinate system;(C) differentiate between absolute and incremental positioning; and(D) illustrate the difference between datum and delta dimensioning.(6) The student learns the process planning and tool selection within a CNC lab environment. The student is expected to:(A) develop a detailed process plan, including proper tool selection, feeds, and speeds, for the material being cut and finish specifications on the engineering drawing, logical sequence of operations, and appropriate inspection points;(B) develop a logical sequence of operations and appropriate inspection points;(C) demonstrate use of carbide inserts; and(D) apply various carbide inserts by determining the correct type, grade, style, feed, and speed for the most common materials machined in a basic machine shop.(7) The student evaluates tool changing and tool offset registers in the CNC lab environment. The student is expected to:(A) perform various types of tool changes;(B) demonstrate quick change tooling used on CNC milling machines;(C) demonstrate appropriate tool storage;(D) demonstrate the proper use of tool offset registers;(E) determine tool offset length; and(F) incorporate tool offsets for a set up.(8) The student operates a CNC lathe. The student is expected to:(A) use equipment commonly associated with a CNC lathe in a safe manner;(B) recognize, name, and describe the function of the primary components of a CNC lathe;(C) perform preventative maintenance checks on a CNC lathe such as checking all fluid levels, system pressure, tooling wear, and component lubrication and cleaning;(D) test the coolant for proper density and adjust accordingly in order to reach the correct mixture;(E) perform a power up on a standard CNC lathe;(F) demonstrate the use of the jog controls on the operator panel to jog the lathe's axes;(G) demonstrate the ability to locate, assemble, and measure tooling according to work instructions and job documentation;(H) install tools and tool holders in the automatic tool changer locations according to work instructions and job documentation; (I) locate and set workpiece to zero on a CNC lathe;(J) set any required work offsets for the part to be machined after a basic tool setting process has been completed;(K) set the proper geometry/tool offsets for each tool in a standard tool setting process;(L) operate a CNC lathe in automatic mode; and(M) illustrate the proper power down process on a CNC lathe.(9) The student operates a CNC mill. The student is expected to:(A) use equipment commonly found on and around a CNC mill in a safe manner;(B) recognize, name, and describe the function of the primary components of a CNC mill;(C) perform preventative maintenance checks on a CNC mill such as checking all fluid levels, system pressure, tooling wear, and component lubrication and cleaning;(D) test the coolant for proper density and adjust accordingly in order to reach the correct mixture;(E) perform a power up on a standard CNC mill;(F) demonstrate the use of the jog controls on the operator panel to jog the mill's axes;(G) demonstrate the ability to locate, assemble, and measure tooling using a presetter or other means according to work instructions and job documentation;(H) install tools and tool holders in the automatic tool changer locations according to work instructions and job documentation; (I) locate and set workpiece to zero on a CNC mill;(J) set any required work offsets for the part to be machined after a basic tool setting process has been completed;(K) set the proper geometry/tool offsets for each tool in a standard tool-setting process;(L) operate a CNC mill in automatic mode; and(M) illustrate the proper power down process on a CNC mill.(10) The student learns to manually program a CNC lathe without the help of computer-aided design or manufacturing (CAD/CAM) software. The student is expected to:(A) calculate trigonometry to determine coordinates from technical drawings to cut arcs and angles;(B) use trigonometry for determining cutter offsets;(C) use appropriate mathematical skills to solve problems while programming a CNC lathe;(D) write a simple program to face and turn;(E) write a simple program to cut radiuses, angles, grooves, and threads;(F) write a program using cutter radius compensation;(G) write a program using canned cycles such as G71; and(H) write a program and produce a complex part such as a NIMS Level 1 CNC lathe part with zero defects.(11) The student learns to manually program a CNC mill (without the help of CAD/CAM software). The student is expected to:(A) use trigonometry to determine coordinates from technical drawings to cut arcs and angles;(B) use trigonometry for determining cutter offsets;(C) use appropriate mathematical skills to solve problems while programming a CNC lathe;(D) write a simple program to perform hole operations;(E) write a simple program to cut radiuses and angles;(F) write a program using cutter radius compensation and ramping; and(G) write a program and produce a complex part such as a NIMS Level 1 CNC milling part with zero defects.(12) The student develops a deeper understanding of quality control. The student is expected to:(A) evaluate engineering drawings using geometric dimensioning and tolerancing;(B) discuss the American Society of Mechanical Engineers (ASME) Y14.5M standard that defines geometric dimensioning and tolerancing; and(C) appraise various quality control/management programs.</content><note type="source"><p>Source Note: The provisions of this §127.818 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.819"><num value="127.819">§127.819</num><heading>Precision Metal Manufacturing II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This lab course is recommended for students in Grades 11 and 12. Prerequisite: Precision Metal Manufacturing I. Corequisite: Precision Metal Manufacturing II. This course must be taken concurrently with Precision Metal Manufacturing II and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with Precision Metal Manufacturing II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Precision Metal Manufacturing II Lab provides the knowledge, skills, and technologies required for employment in precision machining. While Precision Metal Manufacturing II Lab is designed to provide necessary skills in machining, it also provides a real-world foundation for any engineering discipline. This course may address a variety of materials such as plastics, ceramics, and wood in addition to metal. Students will develop knowledge of the concepts and skills related to these systems to apply them to personal and career development. This course supports integration of academic and technical knowledge and skills. Students will have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills prepare students for success. This course is designed to provide entry-level employment for the student or articulated credit integration into a community college and dual credit with a community college with completion of the advanced course.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) express ideas to others in a clear, concise, and effective manner through written and verbal communication;(B) convey written information that is easily understandable to others;(C) demonstrate acceptable work ethics in reporting for duty and performing assigned tasks as directed;(D) conduct oneself in a manner acceptable for the profession and work site such as suitable dress and polite speech;(E) choose the ethical course of action and comply with all applicable rules, laws, and regulations;(F) review with a critical eye the fine, detailed aspects of both quantitative and qualitative work processes and end products;(G) evaluate systems and operations; identify causes, problems, patterns, or issues; and explore workable solutions or remedies to improve situations;(H) follow written and oral instructions and adhere to established business practices, policies, and procedures, including health and safety rules; and(I) prioritize tasks, follow schedules, and work on goal-relevant activities in a way that uses time wisely in an effective, efficient manner.(2) The student builds on the manual machining skills gained in Precision Metal Manufacturing I. The student is expected to:(A) develop a detailed turning part such as the National Institute for Metalworking Skills (NIMS) Level 1 turning, chucking, or turning between centers part with zero defects (100% to the print) in a safe manner; and(B) develop a detailed milling part such as the NIMS Level 1 milling part with zero defects (100% to the print) in a safe manner.(3) The student evaluates tool changing and tool offset registers in a computer numerical control (CNC) lab environment. The student is expected to:(A) perform various types of tool changes;(B) demonstrate quick change tooling used on CNC milling machines;(C) demonstrate appropriate tool storage;(D) demonstrate the proper use of tool offset registers;(E) determine tool offset length; and(F) enter tool offsets for a set up.(4) The student operates a CNC lathe. The student is expected to:(A) use equipment commonly found on and around a CNC lathe in a safe manner;(B) recognize, name, and describe the function of the primary components of a CNC lathe;(C) perform preventative maintenance checks on a CNC lathe such as checking all fluid levels, system pressure, tooling wear, and component lubrication and cleaning;(D) test the coolant for proper density and adjust accordingly in order to reach the correct mixture;(E) perform a power up on a standard CNC lathe;(F) demonstrate the use of the jog controls on the operator panel to jog the lathe's axes;(G) demonstrate the ability to locate, assemble, and measure tooling according to work instructions and job documentation;(H) install tools and tool holders in the automatic tool changer locations according to work instructions and job documentation; (I) locate and set workpiece to zero on a CNC lathe;(J) set any required work offsets for the part to be machined after a basic tool setting process has been completed;(K) set the proper geometry/tool offsets for each tool in a standard tool setting process;(L) operate a CNC lathe in automatic mode; and(M) illustrate the proper power down process on a CNC lathe.(5) The student operates a CNC mill. The student is expected to:(A) use equipment commonly found on and around a CNC mill in a safe manner;(B) recognize, name, and describe the function of the primary components of a CNC mill;(C) perform preventative maintenance checks on a CNC mill such as checking all fluid levels, system pressure, tooling wear, and component lubrication and cleaning;(D) test the coolant for proper density and adjust accordingly in order to reach the correct mixture;(E) perform a power up on a standard CNC mill;(F) demonstrate the use of the jog controls on the operator panel to jog the mill's axes;(G) demonstrate the ability to locate, assemble, and measure tooling using a presetter or other means according to work instructions and job documentation;(H) install tools and tool holders in the automatic tool changer locations according to work instructions and job documentation; (I) locate and set workpiece to zero on a CNC mill;(J) set any required work offsets for the part to be machined after a basic tool setting process has been completed;(K) set the proper geometry/tool offsets for each tool in a standard tool setting process;(L) operate a CNC mill in automatic mode; and(M) illustrate the proper power down process on a CNC mill.(6) The student learns to manually program a CNC lathe without the help of computer-aided design or manufacturing (CAD/CAM) software. The student is expected to:(A) use trigonometry to determine coordinates from technical drawings to cut arcs and angles;(B) use trigonometry for determining cutter offsets;(C) use appropriate mathematical skills to solve problems while programming a CNC lathe;(D) write a simple program to face and turn;(E) write a simple program to cut radiuses, angles, grooves, and threads;(F) write a program using cutter radius compensation;(G) write a program using canned cycles such as G71; and(H) write a program and produce a complex part such as a NIMS Level 1 CNC lathe part with zero defects.(7) The student learns to manually program a CNC mill (without the help of CAD/CAM software). The student is expected to:(A) use trigonometry to determine coordinates from technical drawings to cut arcs and angles;(B) use trigonometry to determine cutter offsets;(C) use appropriate mathematical skills to solve problems while programming a CNC lathe;(D) write a simple program to perform hole operations;(E) write a simple program to cut radiuses and angles;(F) write a program using cutter radius compensation and ramping; and(G) write a program and produce a complex part such as a NIMS Level 1 CNC milling part with zero defects.</content><note type="source"><p>Source Note: The provisions of this §127.819 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.820"><num value="127.820">§127.820</num><heading>Introduction to Welding (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite or corequisite: Algebra I. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Introduction to Welding will provide an introduction to welding technology with an emphasis on basic welding laboratory principles and operating procedures. Students will be introduced to the three basic welding processes. Topics include: industrial safety and health practices, hand tool and power machine use, measurement, laboratory operating procedures, welding power sources, welding career potentials, and introduction to welding codes and standards. Introduction to Welding will provide students with the knowledge, skills, and technologies required for employment in welding industries. Students will develop knowledge and skills related to welding and apply them to personal career development. This course supports integration of academic and technical knowledge and skills. Students will reinforce, apply, and transfer knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills will prepare students for future success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student explores the characteristics of a successful worker in the global economy. The student is expected to:(A) determine academic knowledge and skills required for postsecondary education;(B) identify employers' expectations to foster positive customer satisfaction;(C) demonstrate the professional standards required in the workplace such as interviewing skills, flexibility, willingness to learn new skills and acquire knowledge, self-discipline, self-worth, positive attitude, and integrity in a work situation;(D) evaluate progress toward personal career goals;(E) communicate effectively with others in the workplace to clarify objectives; and(F) apply knowledge and skills to health and safety in the workplace as specified by appropriate governmental regulations.(2) The student evaluates the function and application of the tools, equipment, technologies, and materials used in welding. The student is expected to:(A) employ welding equipment according to safety standards; (B) identify and properly dispose of environmentally hazardous materials used in welding;(C) explain the importance of recycling materials used in welding;(D) choose appropriate personal protective equipment; and(E) evaluate skills related to health and safety in the workplace as specified by appropriate governmental regulations.(3) The student compares and contrasts welding joint design, material symbols, and welds. The student is expected to:(A) demonstrate knowledge of welding sketches; and(B) identify types of welds such as fillet, groove, spot, plug, and flanged.(4) The student applies academic skills in relationship to welding. The student is expected to:(A) demonstrate mathematical skills related to welding;(B) demonstrate technical writing skills related to welding;(C) apply accurate readings of measuring devices;(D) accurately use appropriate tools to make measurements; (E) solve problems using whole numbers, fractions, mixed numbers, and decimals;(F) perform conversions between fractions and decimals; and(G) perform conversions between standard units and metric units.(5) The student applies the concepts and skills of welding projects. The student is expected to:(A) explore careers in welding;(B) understand welding codes such as American Petroleum Institute (API) 1104 and American Welding Society (AWS) D1.1;(C) work independently to fabricate a variety of welded projects with minimal assistance; and(D) work collaboratively with other students.(6) The student performs oxy-fuel cutting processes on carbon steels. The student is expected to:(A) use safe operating practices;(B) perform safe handling of compressed gases;(C) identify components of oxy-fuel gas cutting;(D) demonstrate proper set-up procedures for the oxy-fuel process;(E) identify the factors affecting the oxy-fuel cutting of base metals; and(F) demonstrate proper cutting techniques such as piercing, straight line, and bevel;(7) The student performs shielded metal arc welding principles and practices on metals. The student is expected to:(A) use safe operating practices;(B) demonstrate knowledge of welding currents;(C) apply shielded metal arc welding principles;(D) demonstrate proper set-up procedure for shielded metal arc welding;(E) determine appropriate electrodes for base metal in shielded metal arc welding;(F) perform fillet and groove welds in all positions; and(G) prepare joints for welding.(8) The student performs gas metal arc welding principles and practices. The student is expected to:(A) use safe operating practices;(B) apply gas metal arc welding principles;(C) demonstrate proper set-up procedure for gas metal arc welding;(D) use appropriate equipment setup for base metal in gas metal arc welding; and(E) perform fillet and groove welds using gas metal arc welding with various metal transfer processes.</content><note type="source"><p>Source Note: The provisions of this §127.820 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.821"><num value="127.821">§127.821</num><heading>Welding I (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisites: Algebra I, Principles of Manufacturing, Introduction to Precision Metal Manufacturing, or Introduction to Welding. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Welding I provides the knowledge, skills, and technologies required for employment in metal technology systems. Students will develop knowledge and skills related to this system and apply them to personal career development. This course supports integration of academic and technical knowledge and skills. Students will reinforce, apply, and transfer knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills prepare students for future success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student explores the employability characteristics of a successful worker in the global economy. The student is expected to:(A) explore academic knowledge and skills required for postsecondary education;(B) identify employers' expectations to foster positive customer satisfaction;(C) demonstrate the professional standards required in the workplace such as interviewing skills, flexibility, willingness to learn new skills and acquire knowledge, self-discipline, self-worth, positive attitude, and integrity in a work situation;(D) evaluate personal career goals;(E) communicate effectively with others in the workplace to clarify objectives; and(F) demonstrate skills related to health and safety in the workplace as specified by appropriate governmental regulations.(2) The student applies academic skills to the requirements of welding. The student is expected to:(A) demonstrate effective communication skills with individuals from varied cultures such as fellow workers, management, and customers;(B) demonstrate mathematical skills to estimate costs;(C) demonstrate technical writing skills related to work orders;(D) apply accurate readings of measuring devices;(E) use appropriate tools to make accurate measurements;(F) compute measurements such as area, surface area, volume, and perimeter;(G) solve problems using whole numbers, fractions, mixed numbers, and decimals;(H) use various methods, including a calculator, to perform computations;(I) perform conversions between fractions and decimals;(J) perform conversions between standards units and metric units;(K) calculate and apply the functions of angles such as using the Pythagorean Theorem; and(L) diagram the parts of a circle. (3) The student evaluates the function and application of the tools, equipment, technologies, and materials used in welding. The student is expected to:(A) operate welding equipment according to safety standards; (B) identify and properly dispose of environmentally hazardous materials used in welding;(C) explain the importance of recycling materials used in welding;(D) choose appropriate personal protective equipment; and(E) evaluate skills related to health and safety in the workplace as specified by appropriate governmental regulations.(4) The student understands welding joint design, symbols, and welds. The student is expected to:(A) demonstrate knowledge of engineering drawings, charts, and diagrams;(B) interpret orthographic and isometric views of three-dimensional figures;(C) interpret engineering, drawings, charts, and diagrams; (D) analyze components of the welding symbol;(E) identify types of welding joints;(F) identify positions of welding; and(G) identify types of welds such as fillet, groove, spot, plug, and flanged. (5) The student analyzes the concepts and intricacies of inspections and related codes. The student is expected to:(A) explain weld inspection processes; and(B) interpret welding codes.(6) The student analyzes oxy-fuel cutting processes on carbon steels. The student is expected to:(A) practice safe operating practices;(B) perform safe handling of compressed gases;(C) identify components of oxy-fuel gas cutting system;(D) demonstrate proper set-up procedures for oxy-fuel cutting process;(E) identify factors affecting oxy-fuel cutting of base metals;(F) demonstrate proper cutting techniques such as piercing, straight line, and bevel;(G) identify acceptable cuts; and(H) evaluate alternative fuel gasses such as propane, propylene, and Chemtane 2Â®. (7) The student analyzes plasma arc cutting on metals. The student is expected to:(A) use safe operating practices;(B) demonstrate knowledge of the theories of plasma arc cutting;(C) apply safe handling of compressed air supply;(D) identify components of plasma arc cutting;(E) demonstrate correct set-up procedure for plasma arc cutting;(F) define cutting terms; and(G) perform straight line, piercing, bevels, and shape cuts.(8) The student analyzes shielded metal arc welding principles and practices on metals. The student is expected to:(A) use safe operating practices;(B) analyze welding current relationships such as alternating current and direct current, heat transfer, and polarity;(C) apply shielded metal arc welding principles;(D) demonstrate proper set-up procedure for shielded metal arc welding;(E) explain the American Welding Society (AWS) identification system for shielded metal arc welding electrodes;(F) determine appropriate electrodes for base metal in shielded metal arc welding; and(G) perform multi-pass groove welds in all positions according to industry-accepted welding standards.(9) The student analyzes gas metal arc welding principles and practices. The student is expected to:(A) use safe operating practices;(B) explain the effects that weld angle, work angle, and electrode extension have on welds;(C) apply gas metal arc welding principles;(D) demonstrate proper set-up procedure for gas metal arc welding;(E) explain the AWS identification system for gas metal arc welding filler metal;(F) determine appropriate filler metal for base metal in gas metal arc welding; and(G) perform fillet and groove welds in all positions.(10) The student analyzes flux cored arc welding principles and practices on metals. The student is expected to:(A) use safe operating practices;(B) explain the effects that weld angle, work angle, and electrode extension have on welds;(C) apply flux cored arc welding principles;(D) demonstrate proper set-up procedure for flux cored arc welding;(E) explain the AWS identification system for flux cored arc welding electrodes;(F) determine appropriate filler metal for base metal in flux cored arc welding; and(G) perform fillet and groove welds in all positions.(11) The student analyzes gas tungsten arc welding on metals. The student is expected to:(A) use safe operating practices;(B) analyze electrical welding current relationships such as alternating current and direct current, heat transfer, and polarity;(C) identify the common types of tungsten and filler metals according to the AWS identification system;(D) demonstrate proper set-up procedure for gas tungsten arc welding;(E) perform fillet and groove welds in all positions; and(F) perform welds on metals such as carbon steel, stainless steel, and aluminum.</content><note type="source"><p>Source Note: The provisions of this §127.821 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.822"><num value="127.822">§127.822</num><heading>Welding II (Two Credits), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Welding I. Recommended prerequisites: Algebra I or Geometry. Recommended corequisite: Welding II Lab. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Welding II builds on the knowledge and skills developed in Welding I. Students will develop advanced welding concepts and skills as related to personal and career development. Students will integrate academic and technical knowledge and skills. Students will have opportunities to reinforce, apply, and transfer knowledge and skills to a variety of settings and problems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student explores the employability characteristics of a successful worker in the global economy. The student is expected to:(A) determine academic knowledge and skills required for postsecondary education;(B) identify employers' expectations to foster positive customer satisfaction;(C) demonstrate the professional standards required in the workplace such as interviewing skills, flexibility, willingness to learn new skills and acquire knowledge, self-discipline, self-worth, positive attitude, and integrity in a work situation;(D) evaluate progress toward personal career goals;(E) communicate effectively with others in the workplace to clarify objectives; and(F) apply knowledge and skills related to health and safety in the workplace as specified by appropriate governmental regulations. (2) The student applies academic skills to the requirements of welding. The student is expected to:(A) demonstrate mathematical skills to estimate costs;(B) explain the impact of accurate readings of measuring devices on cost estimates;(C) justify the selection of a tool to make accurate measurements;(D) compute measurements such as area, surface area, volume, and perimeter;(E) solve problems using whole numbers, fractions, mixed numbers, and decimals;(F) apply right triangle relationships using the Pythagorean Theorem; and(G) select a mathematical formula for estimation. (3) The student knows the functions and applications of the tools, equipment, technologies, and materials used in welding. The student is expected to:(A) use welding equipment according to safety standards;(B) dispose of environmentally hazardous materials used in welding;(C) explain the importance of recycling materials used in welding;(D) evaluate the performance impact of emerging technologies in welding;(E) use appropriate personal protective equipment to follow safety measures; and(F) investigate the use of automated welding machines such as numerical control, computer numerical control, and robotics-controlled welding machines.(4) The student illustrates welding joint design, symbols, and welds. The student is expected to:(A) use knowledge of engineering drawings to complete an advanced project; and(B) evaluate projects using engineering drawing specifications. (5) The student applies the concepts and skills of welding to perform tasks. The student is expected to:(A) work independently in fabricating welded projects;(B) work collaboratively with other students to complete a real-world application item; and(C) troubleshoot equipment.(6) The student analyzes the concepts and intricacies of inspections related to welding codes. The student is expected to:(A) inspect the welding projects of team members;(B) select codes for weld inspections; and(C) critique and evaluate the weldments of team members.(7) The student performs advanced cutting processes on carbon steels. The student is expected to:(A) observe safe operating practices;(B) apply safe handling of compressed gases; and(C) perform cutting processes according to accepted welding standards.(8) The student performs shielded metal arc welding on metals. The student is expected to:(A) employ safe operating practices; and(B) demonstrate skills required to make welds in all positions according to industry-accepted welding standards.(9) The student performs flux cored metal arc welding. The student is expected to:(A) use safe operating practices;(B) perform fillet and groove welds; and(C) perform welds in all appropriate positions according to industry-accepted welding standards.(10) The student performs gas tungsten arc welding on metals. The student is expected to:(A) employ safe operating practices;(B) perform fillet and groove welds in all positions; and(C) perform welds on metals such as carbon steel, stainless steel, pipe, and aluminum according to industry-accepted welding standards.</content><note type="source"><p>Source Note: The provisions of this §127.822 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.823"><num value="127.823">§127.823</num><heading>Welding II Lab (One Credit), Adopted 2015</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(b) General requirements. This lab course is recommended for students in Grades 11 and 12. Prerequisite: Welding I. Corequisite: Welding II. This course must be taken concurrently with Welding II and may not be taken as a stand-alone course. Districts are encouraged to offer this course in a consecutive block with Welding II to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Welding II Lab provides an introduction to welding technology with an emphasis on basic welding laboratory principles and operating procedures. Topics include: industrial safety and health practices, hand tool and power machine use, measurement, laboratory operating procedures, welding power sources, welding career potentials, and introduction to welding codes and standards. This course provides knowledge, skills, and technologies required for employment in welding industries. Students will develop knowledge and skills related to this system and apply them to personal career development. This course supports integration of academic and technical knowledge and skills. Students will reinforce, apply, and transfer knowledge and skills to a variety of settings and problems. Knowledge about career opportunities, requirements, and expectations and the development of workplace skills prepare students for future success.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) express ideas to others in a clear, concise, and effective manner through written and verbal communication;(B) convey written information that is easily understandable to others;(C) demonstrate acceptable work ethics in reporting for duty and performing assigned tasks as directed;(D) conduct oneself in a manner acceptable for the profession and work site such as suitable dress and polite speech;(E) choose the ethical course of action and comply with all applicable rules, laws, and regulations;(F) review the fine, detailed aspects of both quantitative and qualitative work process and end products;(G) evaluate systems and operations; identify causes, problems, patterns, or issues; and explore workable solutions or remedies to improve situations;(H) follow written and oral instructions and adhere to established business practices, policies, and procedures, including health and safety rules; and(I) prioritize tasks, follow schedules, and work toward goal-relevant activities in an effective, efficient manner. (2) The student demonstrates the functions and applications of the tools, equipment, technologies, and metals used in code welding. The student is expected to:(A) use welding equipment according to safety standards;(B) identify and properly dispose of environmentally hazardous materials used in welding;(C) explain the importance of recycling materials used in welding; and(D) use appropriate personal protective equipment.(3) The student applies the concepts and skills of welding of actual work situations. The student is expected to:(A) work independently to fabricate welded projects with minimal assistance;(B) work collaboratively with other students to complete relevant projects; and(C) troubleshoot equipment.(4) The student analyzes the concepts and intricacies of inspections and related codes. The student is expected to:(A) explain weld inspection processes; and(B) produce acceptable weldments to standards related to industry codes such as the American Welding Society (AWS), American National Standards Institute, and Canadian Welding Bureau.(5) The student performs oxy-fuel cutting processes. The student is expected to:(A) use safe operating practices;(B) perform safe handling of compressed gases;(C) assemble components involved in setting up for oxy-fuel gas cutting processes;(D) demonstrate proper set-up for cutting techniques such as piercing, straight line, and bevel; and(E) evaluate acceptable and unacceptable cuts.(6) The student performs plasma arc cutting on metals. The student is expected to:(A) use safe operating practices;(B) explain the difference between safe and unsafe storage and handling of compressed gas supply;(C) employ proper set-up procedures for plasma arc cutting; and(D) demonstrate proper cutting techniques, including straight line, piercing, and bevels.(7) The student performs shielded metal arc welding principles and practices on metals. The student is expected to:(A) use safe operating practices;(B) demonstrate shielded metal arc welding principles;(C) demonstrate proper set-up procedures for shielded metal arc welding;(D) select appropriate electrodes for base metal in shielded metal arc welding;(E) perform welds such as fillet and groove according to industry-accepted welding standards;(F) perform multiple pass welds;(G) prepare joints for welding; and(H) explain heating processes such as pre-heating and post-heating.(8) The student demonstrates proper set-up procedure for gas metal arc welding. The student is expected to:(A) use safe operating practices;(B) demonstrate gas metal arc welding principles;(C) demonstrate proper set-up for gas metal arc welding;(D) select appropriate filler metals for base metal in gas metal arc welding; and(E) perform fillet and groove welds in all positions according to industry-accepted welding standards.(9) The student performs flux cored arc welding principles and practices on metals. The student is expected to:(A) use safe operating practices;(B) employ and appraise flux cored arc welding principles; (C) demonstrate proper set-up procedures for flux cored arc welding;(D) appraise appropriate filler metal for base metal in flux cored arc welding;(E) perform fillet and groove welds; and(F) perform welds in all appropriate positions according to industry-accepted welding standards.(10) The student performs gas tungsten arc welding principles and practices on metals. The student is expected to:(A) use safe operating practices;(B) demonstrate gas tungsten arc welding principles;(C) demonstrate proper set-up for gas tungsten arc welding;(D) select appropriate use of filler metals for base metal in gas tungsten arc welding; and(E) perform welds in all appropriate positions according to industry-accepted welding standards.(11) The student performs weldment fabrications. The student is expected to:(A) identify layout tools;(B) perform a part layout on plate according to a blueprint; (C) perform a layout of a pipe fitting according to a blueprint; and(D) perform an assembly according to a blueprint.</content><note type="source"><p>Source Note: The provisions of this §127.823 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.824"><num value="127.824">§127.824</num><heading>Blueprint Reading for Manufacturing Applications (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisites: Algebra I and Geometry. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) In Blueprint Reading for Manufacturing Applications, students gain knowledge and skills in an introduction to reading and interpreting working drawings for basic machining processes, mechanical maintenance, basic electrical, basic fluid power, and basic facility prints. Students also use sketching techniques to create pictorial and multiple-view drawings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates an understanding of blueprint and technical drafting terminology and functions. The student is expected to:(A) explain the function of various parts of a title block such as scale, materials, and print title;(B) interpret and explain the function of multi-view drawings;(C) describe fractional, decimal, and metric dimensions used in technical drawings;(D) interpret and explain the function of section views;(E) identify and describe projection methods, including isometric, oblique, and orthographic, used in engineering drawings;(F) explain the function of auxiliary views;(G) identify and explain types of dimensions, including linear, radial, angular, ordinate, and arc length;(H) explain the function of pictorial drawings in manufacturing applications;(I) explain the function of geometric dimensioning and tolerancing in manufacturing applications;(J) explain tolerances with parts from a print;(K) explain the function of scaling in a print;(L) differentiate between a pictorial and a schematic drawing;(M) explain the function of call outs in a print; and(N) differentiate between electrical schematics, fluid power schematics, and piping and instrumentation diagram (P&ID) drawings.(2) The student demonstrates an understanding of tools and symbols to produce technical schematics, facility prints, P&ID prints, and blueprints. The student is expected to:(A) explain the function of and use a compass for drawing arcs in a print;(B) explain the function of and use measuring devices such as scales, micrometers, and dial calipers;(C) explain and demonstrate basic functions of computer-aided design and drafting (CADD) software;(D) identify blueprint symbols, including surface profile, position, run out, countersink, and depth symbols;(E) differentiate between driving and reference dimensions; (F) identify basic electrical print symbols, including switch, lamp, relay, and contact symbols;(G) identify basic fluid power print symbols, including power unit, actuator, directional control valve, and flow control symbols;(H) identify various P&ID symbols, including valve, gauge, meter, and regulator symbols; and(I) identify symbols for components, including threads, fasteners, and springs, used in the manufacturing process.(3) The student interprets facility drawings related to manufacturing buildings. The student is expected to:(A) interpret and explain floor plan drawings;(B) interpret and explain elevation drawings;(C) interpret and explain section views and details;(D) locate electrical components, including distribution panels, lights, switches, and outlets, on facility drawings;(E) identify plumbing components, including drains, water supply, and boilers, on facility drawings; and(F) identify heating, ventilation, and air conditioning (HVAC) components, including condensers, evaporators, and plenum, in facility drawings.(4) The student applies drafting principles to create sketch pictorials and construct multi-view drawings. The student is expected to:(A) sketch auxiliary projected views, including inclined and oblique surfaces, in pictorial drawings;(B) create a sketch using multi-views; and(C) annotate a series of multi-view projections using proper dimensioning standards.(5) The student demonstrates knowledge of tolerances as applied to technical drawings and prints. The student is expected to:(A) illustrate and explain how bilateral and unilateral tolerances are expressed in drawings; and(B) calculate tolerances for mating parts based on maximum material conditions, tolerance stacking, and allowance.(6) The student demonstrates knowledge of revision information related to drawings. The student is expected to:(A) describe standard drawing practices such as title blocks, revision history, and change orders for drawing revisions;(B) apply standard drawing practices to revise technical drawings, ensuring accuracy and compliance with industry standards; and(C) apply revision information, including date of revision, description of changes, and approval signatures, to mechanical and electrical industrial prints.</content><note type="source"><p>Source Note: The provisions of this §127.824 adopted to be effective February 24, 2026, 51 TexReg 1124.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.828"><num value="127.828">§127.828</num><heading>Industrial Maintenance (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Industrial Maintenance is designed to introduce students to knowledge and skills used in the proper application of industrial maintenance. The study of manufacturing technology allows students to reinforce, apply, and transfer academic knowledge and skills to a variety of relevant maintenance tasks. Students gain an understanding of what employers require to gain and maintain employment in manufacturing careers.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies mechanical skills to maintain and repair industrial equipment using the appropriate tools and equipment while adhering to safety policies. The student is expected to:(A) identify equipment malfunctions using visual, audible, and other sensory inspection skills to detect issues such as lack of lubrication, misalignment, excess wear, vibration, and over-temperature; (B) differentiate between mechanical, hydraulic, pneumatic, and electrical systems;(C) identify safety concerns with equipment maintenance such as dangers with rotating equipment, hot surfaces from operating equipment, potential for shock from electrical power cords and grounding, and sharp surfaces from equipment wear;(D) create a safe plan of action to address safety concerns for an industrial training environment such as sparks, metal shavings, and electrical shock hazards;(E) identify tools and describe procedures used in cutting, drilling, cleaning, and abrasive processes;(F) explain safety practices for various types of manufacturing tools used for cutting, drilling, cleaning, and abrasive processes;(G) identify and demonstrate proper use of precision measuring tools, including micrometers, dial calipers, and scales, to verify proper repair and alignment; and(H) identify and explain the applications such as material and fastener strength for various types of fasteners such as bolts, screws, washers, and nuts.(2) The student applies communication and documentation skills to manufacturing activities. The student is expected to:(A) compose written and oral technical communication such as maintenance plans, equipment breakdowns, and repair part ordering in a clear, concise, and effective manner for a variety of purposes and audiences;(B) identify documentation methods such as maintenance logbooks and checklists for maintenance tasks and plans; and(C) develop and execute a plan for maintenance task completion such as equipment lubrication, filter changes, and equipment visual checks.(3) The student maintains and repairs industrial equipment using the appropriate tools, equipment, machines, materials, and technical processes. The student is expected to:(A) describe the processes needed to complete a project, including initiating, planning, executing, monitoring, controlling, and closing;(B) use appropriate tools to complete maintenance repair processes, including drilling, tapping, layout, and tightening fasteners to spec; and(C) use various wrenches such as open and box end wrenches, filter wrenches, and adjustable pliers to disassemble filter housings to change filters and fluids.(4) The student understands the foundations of occupational safety and health. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health and the rights of workers to a secure workplace;(B) explain and discuss the importance of Occupational Safety and Health Administration (OSHA) standards and OSHA requirements for organizations;(C) explain and discuss how OSHA inspections are conducted; (D) explain and discuss the role of national and state safety and health regulatory entities;(E) explain types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic, and explain the role industrial hygiene plays in occupational safety;(F) discuss the importance of safe walking and working surfaces and best practices for preventing or reducing slips, trips, and falls in the workplace;(G) describe types of electrical hazards in the workplace; (H) describe control methods to prevent electrical hazards in the workplace;(I) analyze the hazards of handling, storing, using, and transporting hazardous materials;(J) discuss ways to reduce exposure to hazardous materials in the workplace;(K) identify workplace health and safety resources, including emergency plans, and discuss how these resources are used to make decisions in the workplace;(L) describe elements of a safety and health program, including management leadership, worker participation, and education and training;(M) explain the purpose and importance of written emergency action and fire protection plans;(N) describe key components of evacuation plans, emergency exit routes, and fire hazards lists;(O) explain the role of emergency personnel within an organization;(P) explain components of a hazard communication program; and(Q) explain and provide examples of safety and health training requirements specified by standard setting organizations.(5) The student examines safe work habits in an industrial maintenance setting. The student is expected to:(A) identify and describe proper storage and disposal procedures for hazardous materials using Safety Data Sheets (SDS);(B) identify and demonstrate use of proper personal protective equipment (PPE) and safety requirements in the manufacturing industry such as hearing protection, eye protection, and gloves;(C) describe and demonstrate proper lockout/tagout procedures;(D) describe and demonstrate safe operation of power tools, including drills, saws, grinders, and sanders; and(E) identify and select appropriate PPE needed to operate various power tools, including drills, saws, grinders, and sanders.(6) The student examines the importance of preventative maintenance in an industrial maintenance environment. The student is expected to:(A) perform preventative maintenance (PM), including lubrication, cleaning of parts, and tightening of fasteners, on equipment such as motors, gearboxes, chain drives, and conveyors;(B) determine a PM schedule based on data collected from machine breakdowns, including frequency of failures, types of malfunctions, and repair times; and(C) differentiate between reactive maintenance such as breakdown repairs, preventative maintenance such as lubrication, and predictive maintenance such as planning repairs based on previous breakdown frequencies.(7) The student examines career opportunities and educational requirements in manufacturing and technology. The student is expected to:(A) identify special skill career pathways in manufacturing such as maintenance technician, engineer, designer, and automation technician;(B) identify and explain the importance of industry networking opportunities such as career or job fairs; and(C) describe the roles and functions of engineers, technologists, and technicians in an industrial maintenance setting.</content><note type="source"><p>Source Note: The provisions of this §127.828 adopted to be effective February 24, 2026, 51 TexReg 1124.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.829"><num value="127.829">§127.829</num><heading>Mechanical Maintenance (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a course from the Manufacturing Career Cluster. Recommended prerequisite: Algebra I or Geometry. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) Mechanical Maintenance is designed to introduce students to knowledge and skills used in the proper application of mechanical maintenance. The study of mechanical maintenance and hands-on application allows students to reinforce, apply, and transfer academic knowledge and skills to a variety of relevant activities. Students gain an understanding of what employers require to gain and maintain employment in manufacturing careers and potential hazards faced by the maintenance technician in an industrial setting.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student understands the foundations of occupational safety and health. The student is expected to:(A) explain and discuss the responsibilities of workers and employers to promote safety and health and the rights of workers to a secure workplace;(B) explain and discuss the importance of Occupational Safety and Health Administration (OSHA) standards and OSHA requirements for organizations;(C) explain and discuss the importance of how OSHA inspections are conducted;(D) explain and discuss the role of national and state regulatory entities;(E) explain the role industrial hygiene plays in occupational safety and explain types of industrial hygiene hazards, including physical, chemical, biological, and ergonomic;(F) discuss the importance of safe walking and working surfaces in the workplace;(G) discuss best practices for preventing or reducing slips, trips, and falls in the workplace;(H) describe types of electrical hazards in the workplace and the risks associated with these hazards;(I) describe control methods to prevent electrical hazards in the workplace;(J) analyze the hazards of handling, storing, using, and transporting hazardous materials;(K) identify and discuss ways to reduce exposure to hazardous materials in the workplace;(L) identify workplace health and safety resources, including emergency plans, and discuss how these resources are used to make decisions in the workplace;(M) describe elements of a safety and health program, including management leadership, worker participation, and education and training;(N) explain the purpose and importance of written emergency action plans and fire protection plans;(O) describe key components of evacuation plans, emergency exit routes, fire hazards lists;(P) explain the role of emergency personnel within an organization;(Q) explain components of a hazard communication program; and(R) explain and provide examples of safety and health training requirements specified by standard setting organizations such as OSHA and industrial companies.(2) The student demonstrates safe work habits while performing mechanical activities in a mechanical maintenance setting. The student is expected to:(A) identify and describe proper storage and disposal procedures for hazardous materials using Safety Data Sheets (SDS);(B) identify and demonstrate use of proper personal protective equipment (PPE), including ear plugs, safety glasses, dust masks, and respirators, in the manufacturing industry;(C) describe and demonstrate proper lockout/tagout procedures;(D) describe and demonstrate safe operation of hand tools needed for disassembly and reassembly of mechanical parts; and(E) identify and select appropriate PPE needed to operate various hand tools, including gloves for protection from pinch points, sharp edges, and hot surfaces.(3) The student examines the operation of various pumps. The student is expected to:(A) identify components of a centrifugal pump, including vane, internal seals, and bearings;(B) identify components of a positive displacement piston pump, including rings, seals, pistons, and crankshaft;(C) identify components of a positive displacement diaphragm pump, including diaphragm, check valves, and internal seals;(D) explain the function of a pressure tank and effects on flow with a diaphragm pump;(E) explain and demonstrate how to fill a suction line to prime a pump;(F) identify components of a check valve in pumps; and(G) explain the function of a check valve in maintaining pump priming by preventing back flow and ensuring fluid flow.(4) The student examines the operation of various compressors. The student is expected to:(A) identify components of compressors, including the piston, crankshaft, and cylinders, and explain how these components work together to compress air or other gases;(B) explain the operation of a piston compressor and how the components work together to increase pressure;(C) differentiate between a single-stage and two-stage piston compressor;(D) identify and explain the function of intercoolers in two-stage piston compressors;(E) identify and explain the function of after coolers in two-stage piston compressors;(F) identify components of a rotary screw compressor, including screws, compression chamber, intake valves, and discharge valves;(G) explain the operation of a rotary screw compressor and how the components work together to increase pressure; and(H) explain the importance of dryers with industrial compressors, including how dryers prevent corrosion, improve efficiency, and extend equipment lifespan.(5) The student analyzes test or performance data to assess equipment operation. The student is expected to:(A) inspect equipment parts, including bearings, bolts, housing, and shafts, to identify typical defects such as breakage or excessive wear;(B) observe equipment in operation to check for potential problems such as leaks, misalignment, and overheating; and(C) test mechanical equipment to ensure proper functioning of equipment after replacement or repair of parts.(6) The student uses prints, specifications, and diagrams to perform installation, disassembly, and assembly of mechanical systems. The student is expected to:(A) identify components of pumps, compressors, and mechanical drives in mechanical drawings and diagrams;(B) apply torque to fasteners as prescribed in equipment manuals during reassembly;(C) identify input and output capability of pumps and compressors according to manufacturer specifications;(D) identify input and output speed and torque capability of belt, chain, and gear driven mechanical drives systems according to manufacturer specifications;(E) locate part numbers using a diagram; and(F) use a logbook or computer to record information about parts, materials, and repair procedures.(7) The student uses industrial maintenance skills to safely disassemble and assemble various types of pumps for the purpose of maintenance and repair. The student is expected to:(A) identify safety hazards, including electrical, mechanical, and thermal risks, associated with assembly and disassembly of pumps;(B) explain the purpose of lockout/tagout procedures for pumps to reduce electrical, mechanical, and thermal hazards;(C) identify tools and describe procedures used in the disassembly and assembly of a centrifugal pump;(D) identify tools and describe procedures used in the disassembly and assembly of a diaphragm pump;(E) inspect pumps to locate damage, defects, and wear;(F) operate pumps to ensure correct function such as rotation direction, prime, and flow;(G) explain and demonstrate proper lubrication procedures for pumps; and(H) use a logbook or computer to record information about parts, materials, and repair procedures.(8) The student uses industrial maintenance skills to safely disassemble and assemble various types of compressors for the purpose of maintenance and repair. The student is expected to:(A) identify safety hazards, including electrical, mechanical, and thermal risks, associated with assembly and disassembly of compressors;(B) explain the purpose of lockout/tagout procedures for compressors to reduce electrical, mechanical, and thermal hazards;(C) identify tools and describe procedures used in the disassembly and assembly of a reciprocating compressor;(D) identify tools and describe procedures used in the disassembly and assembly of a rotary screw compressor;(E) inspect compressors to locate damage, defects, and wear;(F) operate newly reassembled compressor to ensure correct function such as direction of rotation;(G) explain and demonstrate proper lubrication procedures for compressors; and(H) use a logbook or computer to record information about parts, materials, and repair procedures.(9) The student examines and recognizes internal components of various pumps and compressors. The student is expected to:(A) identify internal seals and vanes in various compressors and pumps, including centrifugal, vane, and diaphragm pumps;(B) inspect vanes in a centrifugal pump for wear and damage;(C) inspect internal seals in pumps and compressors for wear and damage;(D) inspect diaphragm for damage, defects, and wear;(E) identify bearings on pumps and compressors; and(F) inspect bearings on pumps and compressors for damage and wear.(10) The student understands the purpose of specific internal components of various pumps and compressors. The student is expected to:(A) explain the purpose of internal seals on compressors and pumps;(B) explain the function and operation of bearings on compressors and pumps;(C) identify and explain the function of check valves in a diaphragm pump; and(D) explain lubrication requirements for pumps and compressors.(11) The student understands the purpose of specific internal components of gear boxes. The student is expected to:(A) identify and explain the function of spur gears in mechanical drive systems;(B) identify and explain the function of helical gears in mechanical drive systems;(C) identify and explain the function of miter and bevel gears in mechanical drive systems;(D) differentiate between miter and bevel gears in mechanical drive systems; and(E) identify and explain the function of slingers for lubrication distribution in mechanical drive systems.(12) The student applies industrial maintenance skills to safely disassemble and assemble various types of mechanical drives. The student is expected to:(A) identify tools and describe procedures used in the disassembly and assembly of belt, chain, and gear driven mechanical drives; and(B) identify safety hazards associated with assembly and disassembly of belt, chain, and gear driven mechanical drives.(13) The student understands the use of drive belts and chains for speed control. The student is expected to:(A) identify belt style, size, and application on a mechanical drive system to meet speed and torque specifications;(B) identify proper sheave for belt application on a mechanical drive system;(C) differentiate between a drive and driven sheave in mechanical drive systems;(D) calculate sheave ratios for speed adjustments on a mechanical drive system;(E) inspect sheave and belt for wear and possible replacement on a mechanical drive system;(F) identify drive chain size to match sprocket used on a mechanical drive system;(G) calculate sprocket ratios for speed adjustments on a mechanical drive system;(H) adjust chain length by breaking roller chain with special chain breaking tools;(I) assemble a chain on a mechanical drive system according to length and tension requirements; and(J) inspect sprocket and chain for wear and possible replacement on a mechanical drive system.(14) The student examines career opportunities and educational requirements in manufacturing and technology. The student is expected to:(A) identify special skill career pathways in manufacturing such as an industrial maintenance technician, mechanical installer, mechanical repair, and mechanical troubleshooter;(B) identify and explain the importance of industry networking opportunities such as career or job fairs; and(C) describe the roles and functions of an industrial maintenance technician in manufacturing.</content><note type="source"><p>Source Note: The provisions of this §127.829 adopted to be effective February 24, 2026, 51 TexReg 1124.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.830"><num value="127.830">§127.830</num><heading>Basic Fluid Power (One Credit), Adopted 2025</heading><content>(a) Implementation.(1) The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: at least one credit in a course from the Manufacturing Career Cluster. Recommended prerequisites: Algebra I and Geometry. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) In Basic Fluid Power, students gain knowledge and skills in hydraulic and pneumatic systems as applied to industrial manufacturing. Instruction includes terminology and fluid power theory, interpreting technical drawings, component identification, mathematical calculations as applied to fluid power systems, and component functions. Students gain basic knowledge of fluid power system design with basic system components, installing basic fluid power system components, and building maintenance schedules for preventative and reactive maintenance. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student examines career opportunities and safety concerns in the manufacturing industry. The student is expected to:(A) research and describe trends of manufacturing careers in industry; and(B) identify safety, health, environmental, and ergonomic issues in the manufacturing industry.(2) The student examines terminology and fundamental concepts of fluid power in manufacturing. The student is expected to:(A) explain the function of Pascal's Law in hydraulic systems;(B) identify and explain the function of actuators in fluid power systems;(C) identify and explain the function of valves in fluid power systems;(D) describe the relationship between pressure, force, and cylinder volume in fluid power systems;(E) analyze the application of Gay Lussac's Law, Charles's Law, and Boyle's Law in pneumatic systems;(F) explain how the law of conservation of energy applies to specific fluid power systems, including hydraulic and pneumatic systems;(G) explain how pressure is generated in a fluid power circuit;(H) explain how different seal types and operating temperatures can impact fluid compatibility;(I) explain the difference between flash point, fire point, and auto ignition regarding hydraulic fluid;(J) explain displacement regarding hydraulic pumps; and(K) identify specific hazards such as high-pressure injection injuries and equipment damage resulting from unrelieved pressure in the lines of a fluid power system.(3) The student reads and interprets technical drawings in a fluid power system. The student is expected to:(A) identify common fluid power symbols, including cylinders, motors, pumps, reservoirs, and directional control valves;(B) differentiate between schematic and pictorial diagrams; (C) match fluid power schematic symbols to physical components in a system;(D) construct and operate a basic fluid power circuit given a schematic with a directional control valve and a double-acting cylinder; and(E) draw a fluid power schematic from a given fluid power application.(4) The student demonstrates understanding of the characteristics and applications of fluid power systems. The student is expected to:(A) analyze pressure gauge readings to identify potential internal and external leakage issues in fluid power systems;(B) analyze flow meters to detect proper and improper system flow in fluid power systems;(C) analyze temperature gauges to detect heat issues within fluid power systems;(D) explain the operational difference between hydraulic and pneumatic systems;(E) explain the importance of dryers in pneumatic systems, including the prevention of moisture-related issues; and(F) explain the importance of lubrication in a pneumatic system, including the reduction of friction, prevention of wear and tear, and enhancement of system efficiency.(5) The student applies mathematical calculations to various operations of a fluid power system. The student is expected to:(A) describe and analyze pressure, force, and volume in the context of fluid power systems;(B) calculate output force and rod speed given cylinder size, flow rate, and pressure applied;(C) describe and calculate how a change in pressure or volume results in change in force;(D) describe and calculate how change in volume results in change of rod speed and force applied; and(E) calculate the force output of an extending cylinder using Pascal's Law.(6) The student understands the function of various components in fluid power systems. The student is expected to:(A) differentiate between a pneumatic compressor and a hydraulic pump;(B) describe the functions of a hydraulic reservoir such as fluid storage, fluid cooling, and contaminant separation;(C) describe the function of various pumps, including piston, gear, and vane pumps;(D) differentiate between a fixed and variable displacement pump;(E) explain the purpose of an actuator in fluid power systems;(F) explain the purpose of various gauges and meters in fluid power systems;(G) explain the purpose of various pressure controlling devices in hydraulic systems, including pressure relief valves, pressure reducing valves, sequence valves, and counterbalance valves;(H) explain the purpose of various pressure controlling devices in pneumatic systems, including regulators and pressure relief valves;(I) explain the purpose of various flow controlling devices in fluid power systems, including check valves, directional control valves, needle valves, and flow controls;(J) explain the purpose of various motors in fluid power systems, including unidirectional and bi-directional motors;(K) describe the function of hydraulic and pneumatic actuators, including motor, cylinder, and rotary actuators;(L) describe the function of various hydraulic and pneumatic cylinders, including single- and double-acting, single- and double-rod, and rodless cylinders;(M) describe the function of a fluid power double-acting cylinder;(N) describe and analyze the function of flow control valves in regulating actuator speed in a fluid power circuit;(O) identify and explain the function of a check valve; and(P) explain the function of an accumulator.(7) The student designs basic fluid power circuits using various components in a fluid power system. The student is expected to:(A) design a fluid power circuit with a unidirectional motor;(B) design a fluid power circuit with a bi-directional motor;(C) design a fluid power circuit with multiple cylinders;(D) design a fluid power circuit with a flow control valve to regulate actuator speed;(E) design a fluid power circuit incorporating a check valve;(F) design a basic fluid power circuit incorporating various configurations of directional control valves to alter flow direction;(G) design fluid power circuits using various operators for directional control, including lever, solenoid, pilot, and push button operator;(H) design a hydraulic sequence valve to operate multiple actuators in sequence; and(I) design a hydraulic pressure reducing valve to lower pressure in a branch circuit.(8) The student installs various components in a fluid power system. The student is expected to:(A) connect fluid power circuits using various connecting methods, including threaded, push-fit, and quick disconnect fittings;(B) identify and demonstrate proper safety procedures required for system installation such as lockout/tagout to control hazardous energy;(C) install a fluid power circuit with a unidirectional motor;(D) install a fluid power circuit with a bi-directional motor;(E) install a fluid power circuit with multiple cylinders; (F) install a fluid power circuit with a flow control valve to regulate actuator speed;(G) install a fluid power circuit using a check valve;(H) install a basic fluid power circuit using various configurations of directional control valves to change flow direction;(I) install fluid power circuits using various operators for the directional control valve, including lever, solenoid, pilot, and push button operator;(J) install and adjust a pneumatic system regulator to match a defined system pressure setting;(K) install and adjust a hydraulic power unit relief valve to match a defined system pressure setting;(L) install a hydraulic sequence valve to operate multiple actuators in sequence; and(M) install a hydraulic pressure reducing valve to lower pressure in a branch circuit.(9) The student uses industry standard practices to maintain functional capacity in fluid power systems. The student is expected to:(A) analyze service data to develop and implement preventive maintenance schedules;(B) analyze and document repair data to develop and implement predictive maintenance schedules;(C) inspect components in a fluid power system to identify signs of malfunction, including discoloration, vibration, and loud sounds;(D) inspect hydraulic fluid to identify contaminants and signs of viscosity breakdown;(E) explain and demonstrate procedures to change filters in a fluid power system; and(F) explain and demonstrate procedures to drain and replace hydraulic fluid.(10) The student understands the function of a basic vacuum system. The student is expected to:(A) identify and explain the function of a venturi vacuum application;(B) connect and read a vacuum gauge;(C) connect and read a manometer;(D) connect and operate a vacuum generator;(E) identify and explain the function of a vacuum generator; and(F) connect a venturi to a pneumatic system.</content><note type="source"><p>Source Note: The provisions of this §127.830 adopted to be effective February 24, 2026, 51 TexReg 1124.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.865"><num value="127.865">§127.865</num><heading>Practicum in Manufacturing (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Manufacturing Career Cluster. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.(3) The Practicum in Manufacturing course is designed to give students supervised practical application of previously studied knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills.(1) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) analyze elements of a problem;(B) analyze information critically to determine its value; and(C) conduct technical research to gather information for decision making.(2) The student demonstrates leadership and teamwork skills in collaborating with others to accomplish goals and objectives. The student is expected to:(A) analyze leadership characteristics such as trust, positive attitude, integrity, and willingness to accept key responsibilities in a work situation;(B) demonstrate teamwork skills through working cooperatively with others to achieve tasks;(C) demonstrate teamwork processes such as promoting team building, consensus, continuous improvement, respect for the opinions of others, cooperation, adaptability, and conflict resolution;(D) demonstrate responsibility for organization tasks such as shared group and individual work tasks; and(E) establish and maintain effective working relationships. (3) The student demonstrates oral and written communication skills. The student is expected to:(A) demonstrate the use of content such as technical concepts and vocabulary;(B) employ verbal skills when obtaining and conveying information;(C) use informational texts such as Internet websites and technical materials for occupational tasks;(D) evaluate the reliability of information such as Internet websites, technical materials, and resources;(E) interpret verbal and nonverbal cues and behaviors to enhance communication;(F) apply active listening skills such as obtaining and clarifying the information; and(G) use academic skills such as effective written and oral communication.(4) The student demonstrates technical knowledge and skills required to pursue a career in the manufacturing cluster. The student is expected to:(A) use information literacy skills such as accessing, evaluating, and disseminating information;(B) describe information management;(C) maintain records to facilitate ongoing business operations;(D) develop goals;(E) prioritize tasks;(F) develop timelines using time-management skills;(G) use project-management skills such as initiate, plan, execute, monitor and control, and close to improve workflow;(H) evaluate proficiencies in technical skills; and(I) accept critical feedback provided by the supervisor.(5) The student documents technical knowledge and skills using a professional portfolio. The student is expected to:(A) demonstrate growth of technical skill competencies;(B) demonstrate technical knowledge and skills by completing activities such as earning licensures or certifications;(C) develop an abstract of key points of the practicum;(D) create a job-skills resume;(E) collect representative work samples;(F) maintain copies of evaluations from the practicum supervisor and/or industrial representative; and(G) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.865 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scO/s127.866"><num value="127.866">§127.866</num><heading>Extended Practicum in Manufacturing (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grade 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Manufacturing Career Cluster. Corequisite: Practicum in Manufacturing. This course must be taken concurrently with Practicum in Manufacturing and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Manufacturing Career Cluster focuses on planning, managing, and performing the processing of materials into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering. (3) The Extended Practicum in Manufacturing course is designed to give students supervised practical application of previously studied knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations; (C) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(D) apply active listening skills to obtain and clarify information.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of a problem to develop creative and innovative solutions; and(C) conduct technical research to gather information necessary for decision making.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) demonstrate an understanding of and consistently follow workplace safety rules and regulations; and(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in teaching and training. The student is expected to: (A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; and (C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a manufacturing experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised manufacturing experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate growth of technical skill competencies;(D) evaluate strengths and weaknesses in technical skill proficiency; and(E) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.866 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c127/scP"><num value="P">SUBCHAPTER P</num><heading>TRANSPORTATION, DISTRIBUTION, AND LOGISTICS</heading><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.871"><num value="127.871">§127.871</num><heading>Principles of Transportation Systems (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) In Principles of Transportation Systems, students will gain knowledge and skills in the safe application, design, production, and assessment of products, services, and systems. This knowledge includes the history, laws and regulations, and common practices used in the transportation industry. Students should apply knowledge and skills in the application, design, and production of technology as it relates to the transportation industries. This course allows students to reinforce, apply, and transfer their academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops leadership experience as it relates to transportation systems. The student is expected to:(A) plan, propose, conduct, and evaluate industry-based occupational experiences;(B) apply proper record-keeping skills as they relate to industry-based occupational experiences;(C) use a customized record-keeping system for the individual industry-based occupational experiences;(D) discuss youth leadership opportunities to create a well-rounded industry-based occupational experience; and(E) develop a work plan and budget.(2) The student explores concepts related to cultural diversity. The student is expected to:(A) identify significant similarities and differences in international culture;(B) explain the variety of world markets; and(C) describe marketing factors and practices that impact other cultures.(3) The student understands the historical, current, and future significance of the transportation industries. The student is expected to:(A) define terms associated with the transportation industries;(B) identify the scope and effect on society of the transportation industries;(C) identify significant historical and current developments in the transportation industries;(D) identify potential future development for transportation industry systems;(E) describe how emerging technologies and globalization impact the transportation industries; and(F) compare and contrast issues affecting the transportation industries such as international trade, employment, safety, and environmental issues.(4) The student analyzes the structure of transportation organizations. The student is expected to:(A) describe common business management principles;(B) identify opportunities for leadership development and personal growth;(C) demonstrate democratic principles in conducting effective meetings;(D) describe team dynamics; and(E) describe the development of organizational vision, mission, and goals through the strategic planning process.(5) The student explains the transportation industries at the local, state, national, and international levels. The student is expected to:(A) identify reasons for world trade and globalization;(B) identify the political impact of transportation;(C) review regulations and major laws and evaluate their impact on transportation;(D) read appropriate written material to stay abreast of current issues impacting transportation;(E) collect public opinion and data in order to make informed decisions;(F) use critical-thinking skills to identify and organize alternatives and evaluate public policy issues related to transportation; and(G) evaluate performance and contract compliance of contractors and service providers.(6) The student demonstrates appropriate interpersonal and communication skills. The student is expected to:(A) examine workplace ethical and legal responsibilities;(B) define the uses of proper etiquette;(C) identify appropriate personal appearance and health habits;(D) practice written and oral communication skills in formal and informal situations;(E) practice effective listening skills in formal and informal situations;(F) read and comprehend materials common to the transportation industry;(G) employ writing and preparation skills using technical information; and(H) demonstrate speaking skills.(7) The student applies appropriate research methods for transportation systems. The student is expected to:(A) define major fields of research and development;(B) identify and apply scientific methods of research in transportation industries;(C) use a variety of resources for research and development; and(D) describe the scientific methods of research.(8) The student applies problem-solving, mathematical, and organizational skills in order to maintain financial and logistical records related to transportation. The student is expected to:(A) discuss project proposals;(B) maintain records appropriate to transportation system industries;(C) collect and organize data in graphs, tables, charts, and plots; and(D) analyze and interpret data from graphs, tables, charts, and plots.(9) The student uses information technology tools specific to transportation industries to access, manage, integrate, and create information. The student is expected to:(A) use management software, email applications, and Internet applications;(B) use word-processing, database, spreadsheet, and presentation software;(C) examine collaborative, groupware, and virtual meeting software; and(D) discuss Geographic Information Systems, Global Positioning Systems, and other computer-based equipment in transportation systems.(10) The student discusses methods to reduce workplace hazards in order to promote a safe working environment. The student is expected to:(A) discuss safe work practices and emergency procedures;(B) identify rules and laws designed to promote safety and health in transportation environments;(C) demonstrate first aid and cardiopulmonary resuscitation procedures;(D) demonstrate proper use of safety equipment; and(E) evaluate worksite safety areas and/or plans.(11) The student examines Texas Department of Public Safety regulations as related to the transportation industry. The student is expected to:(A) discuss rules pertaining to obtaining a commercial driver license (CDL);(B) explain the different types of CDLs;(C) discuss the various endorsements available for a CDL;(D) discuss the requirements for each endorsement;(E) identify material handling and storage equipment and forklifts, including electric- and fuel-powered forklifts; and(F) identify types of transportation that supply warehouses and distribution centers.</content><note type="source"><p>Source Note: The provisions of this §127.871 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.872"><num value="127.872">§127.872</num><heading>Principles of Distribution and Logistics (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) In Principles of Distribution and Logistics, students will gain knowledge and skills in the safe application, design, production, and assessment of products, services, and systems. This knowledge includes the history, laws and regulations, and common practices used in the logistics of warehousing and transportation systems. Students should apply knowledge and skills in the application, design, and production of technology as it relates to distribution and logistics industries. This course allows students to reinforce, apply, and transfer their academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student develops leadership experience as it relates to distribution and logistics systems. The student is expected to:(A) plan, propose, conduct, and evaluate industry-based occupational experiences;(B) apply proper record-keeping skills as they relate to industry-based occupational experiences;(C) use a customized record-keeping system for the individual industry-based occupational experiences;(D) discuss youth leadership opportunities to create a well-rounded industry-based occupational experience; and(E) develop a work plan and budget.(2) The student explores concepts related to cultural diversity. The student is expected to:(A) identify significant similarities and differences in international culture;(B) explain the variety of world markets; and(C) describe marketing factors and practices that impact other cultures.(3) The student understands the historical, current, and future significance of the distribution and logistics industries. The student is expected to:(A) define terms associated with the distribution and logistics industries;(B) identify the scope and effect upon society of the distribution and logistics industries;(C) identify significant historical and current developments in the distribution and logistics industries;(D) identify potential future scenarios for the distribution and logistics industry systems;(E) describe how emerging technologies and globalization impact the distribution and logistics industries; and(F) compare and contrast issues affecting the distribution and logistics industries such as international trade, employment, safety, and environmental issues.(4) The student analyzes the structure of distribution and logistics organizations. The student is expected to:(A) describe common business management principles;(B) identify opportunities for leadership development and personal growth;(C) demonstrate democratic principles in conducting effective meetings;(D) describe team dynamics; and(E) describe the development of organizational vision, mission, and goals through the strategic planning process.(5) The student explains the distribution and logistics industries at the local, state, national, and international levels. The student is expected to:(A) identify reasons for world trade and globalization;(B) identify the political impact of distribution and logistics;(C) review regulations and major laws to evaluate their impact on distribution and logistics;(D) read appropriate written material to stay abreast of current issues impacting distribution and logistics;(E) collect public opinion and data in order to make informed decisions;(F) use critical-thinking skills to identify and organize alternatives and evaluate public policy issues related to distribution and logistics; and(G) evaluate performance and contract compliance of contractors and service providers.(6) The student demonstrates appropriate personal and communication skills. The student is expected to:(A) examine workplace ethical and legal responsibilities;(B) define the uses of proper etiquette;(C) identify appropriate personal appearance and health habits;(D) practice written and oral communication skills in formal and informal situations;(E) practice effective listening skills in formal and informal situations;(F) employ writing and preparation skills using technical information; and(G) demonstrate speaking skills.(7) The student applies appropriate research methods for distribution and logistics systems. The student is expected to:(A) define major fields of research and development;(B) identify and apply scientific methods of research in distribution and logistics industries;(C) use a variety of resources for research and development; and(D) describe the scientific methods of research.(8) The student applies problem-solving, mathematical, and organizational skills in order to maintain financial and logistical records. The student is expected to:(A) discuss project proposals;(B) maintain records appropriate to distribution and logistics system industries;(C) collect and organize data in graphs, tables, charts, and plots; and(D) analyze and interpret data from graphs, tables, charts, and plots.(9) The student uses information technology tools specific to distribution and logistics industries to access, manage, integrate, and create information. The student is expected to:(A) use management software, email applications, and Internet applications;(B) use word-processing, database, spreadsheet, and presentation software;(C) examine collaborative, groupware, and virtual meeting software;(D) discuss Geographic Information Systems and Global Positioning Systems; and(E) discuss other computer-based equipment in distribution and logistics systems.(10) The student discusses methods to reduce sources of workplace hazards in order to promote a safe working environment. The student is expected to:(A) discuss safe work practices and emergency procedures;(B) identify rules and laws designed to promote safety and health in the distribution and logistics environments;(C) demonstrate first aid and cardiopulmonary resuscitation procedures; and(D) demonstrate proper use of safety equipment.(11) The student examines material handling in warehouses and distribution centers. The student is expected to:(A) discuss handling practices for goods and materials;(B) explain size, weight, and shape requirements for packaging;(C) discuss material handling, storage, and shipping methods;(D) analyze visual design and appearance requirements for packages;(E) discuss layout plans for processing packages;(F) identify material handling and storage equipment; and(G) identify types of warehouses and distribution centers.</content><note type="source"><p>Source Note: The provisions of this §127.872 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.873"><num value="127.873">§127.873</num><heading>Introduction to Transportation Technology (One-Half Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9 and 10. Students shall be awarded one-half credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation, infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Introduction to Transportation Technology includes knowledge of the major automotive systems and the principles of diagnosing and servicing these systems. Transportation Technology includes applicable safety and environmental rules and regulations. In Transportation Technology, students will gain knowledge and skills in the repair, maintenance, and diagnosis of transportation systems. This study will allow students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings. The focus of this course is to teach safety, tool identification, proper tool use, and employability.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates academic skills related to the requirements of transportation technology. The student is expected to:(A) demonstrate effective oral communication skills with individuals from various cultures such as fellow students, coworkers, and customers;(B) demonstrate effective written communication skills with individuals from various cultures such as fellow students, coworkers, and customers; and(C) demonstrate mathematical skills in performing addition, subtraction, multiplication, division, and measurements using the metric and U.S. customary systems.(2) The student understands the technical knowledge and skills of basic transportation systems. The student is expected to:(A) locate, read, and interpret transportation repair and service information; and(B) describe the basic and emerging transportation technologies.(3) The student knows the functions and applications of the tools, equipment, technologies, and materials used in transportation technology. The student is expected to:(A) demonstrate awareness of the proper way to safely use hand and power tools and equipment commonly employed in the industry; (B) identify diagnostic tools and equipment; and(C) identify hand and shop tools and describe their proper usage.</content><note type="source"><p>Source Note: The provisions of this §127.873 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.874"><num value="127.874">§127.874</num><heading>Introduction to Small Engine Technology (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Introduction to Small Engine Technology includes knowledge of the function and maintenance of the systems and components of all types of small engines such as outdoor power equipment, motorcycles, generators, and irrigation engines. This course is designed to provide training for employment in the small engine technology industry. Instruction includes the repair and service of cooling, air, fuel, lubricating, electrical, ignition, and mechanical systems. In addition, the student will receive instruction in safety, academic, and leadership skills as well as career opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates appropriate personal and communication skills. The student is expected to:(A) describe and demonstrate ethical and legal responsibilities for appropriate workplace conduct;(B) demonstrate proper etiquette and behavior;(C) demonstrate appropriate personal appearance and hygiene;(D) practice written and oral communication skills and employ effective listening skills;(E) employ technical writing and preparation skills; and(F) demonstrate effective speaking skills through prepared and extemporaneous oral presentations.(2) The student describes the historical, current, and future significance of the small engine technology industry. The student is expected to:(A) describe emerging technologies and their impact on the small engine technology industry;(B) identify issues affecting the small engine technology industry related to employment, safety, and environmental issues;(C) discuss regulations and laws and their impact on the small engine technology industry; and(D) read appropriate written material to stay abreast of current issues impacting the small engine technology industry.(3) The student participates in opportunities for leadership development and personal growth. The student is expected to:(A) participate in the planning and development of leadership and skill development activities such as conducting effective meetings, team building activities, and strategic planning; and(B) use resources available through an organization such as a career and technical student organization to develop employability skills.(4) The student identifies the skills used to maintain and operate a small engine maintenance facility. The student is expected to:(A) perform preventative maintenance schedule plans and systems to keep facility, tools, and equipment operating safely and properly;(B) use the preventative maintenance schedule of the facility, tools, and equipment to determine repair or replacement needs;(C) complete repair orders and paperwork related to the small engine technology industry to properly document work needed or completed;(D) estimate parts and labor costs on repair orders for small engine repair; and(E) locate, read, and interpret service repair information such as small engine schematics, charts, and service-repair manuals and bulletins.(5) The student applies problem-solving, mathematical, and organizational skills to maintain financial and logistical records. The student is expected to:(A) develop project proposals;(B) develop and maintain records appropriate to the small engine technology industry;(C) describe mathematical formulas used to perform engine calculations such as calculating cylinder volume, engine displacement, combustion chamber volume, compressed head gasket volume, piston and deck height, piston dish volume, dome volume, cylinder volume, compression ratio, and horsepower;(D) describe mathematical formulas used to perform electrical calculations such as calculating electrical resistance, current, and voltage in engines; and(E) apply Ohm's law to small engine electrical circuits using a digital multimeter.(6) The student uses information technology resources specific to the small engine technology industry to access, manage, integrate, and create information. The student is expected to:(A) use personal management software such as email and Internet applications and word-processing, database, spreadsheet, presentation, collaborative, groupware, and virtual meeting software;(B) discuss Geographic Information Systems and Global Positioning Systems applications; and(C) use computer-based equipment.(7) The student demonstrates an understanding of technical knowledge and skills of small engine technology. The student is expected to:(A) identify the use and application of small engines and their components;(B) identify the components of electrical-electronic systems;(C) demonstrate awareness of engine designs, components, and applications;(D) identify and use engine measuring tools and test equipment;(E) use tools used in the operation, maintenance, and repair of small engines;(F) compare and contrast the characteristics of two- and four-cycle engines; and(G) identify and discuss the functions of the major small engine components.(8) The student applies technical knowledge and skills in simulated or actual work situations. The student is expected to:(A) troubleshoot and repair small engines;(B) assess the proper fuel mixtures and analyze the efficiency of various fuels used in small engines;(C) distinguish between valve arrangement positions and analyze valve timing with respect to crankshaft rotation;(D) perform preventative maintenance and service engine lubrication, cooling, starting, fuel, and ignition systems and associated fluids and filters;(E) perform routine installations, inspections, adjustments, and maintenance on small engines using testing tools and equipment;(F) demonstrate knowledge of electrical testing tools and equipment commonly used in small engine maintenance;(G) perform measurements using precision instruments;(H) inspect and measure small engine parts for wear tolerances;(I) explain the relationship between an electric current and magnetic fields in ignition, charging, and starting systems; and(J) analyze the effects of heating and cooling on small engines.</content><note type="source"><p>Source Note: The provisions of this §127.874 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.875"><num value="127.875">§127.875</num><heading>Small Engine Technology (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Introduction to Small Engine Technology. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Small Engine Technology includes advanced knowledge of the function, diagnosis, and service of the systems and components of all types of small engines such as outdoor power equipment, motorcycles, generators, and irrigation engines. This course is designed to provide hands-on and practical application for employment in the small engine technology industry. Instruction includes the repair and service of cooling, air, fuel, lubricating, electrical, ignition, and mechanical systems and small engine overhauls. In addition, students will receive instruction in safety, academic, and leadership skills as well as career opportunities.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates appropriate personal and communication skills. The student is expected to:(A) describe, demonstrate, and apply ethical and legal responsibilities for appropriate workplace conduct;(B) demonstrate proper etiquette and behavior;(C) demonstrate appropriate personal appearance and hygiene;(D) demonstrate effective written and oral communication skills and employ effective listening skills;(E) demonstrate advanced technical writing and preparation skills; and(F) demonstrate effective speaking skills through prepared and extemporaneous oral presentations.(2) The student participates in opportunities for leadership development and personal growth. The student is expected to:(A) participate in the planning and development of leadership and skill development activities such as conducting effective meetings, team building activities, and strategic planning;(B) use resources available through an organizations such as a career and technical student organizations to develop employability skills; and(C) record individual progress to document achievements.(3) The student describes the historical, current, and future significance of the small engine technology industry. The student is expected to:(A) describe emerging technologies and their impact on the small engine technology industry;(B) compare and contrast issues affecting the small engine technology industry related to employment, safety, environmental, and regulatory issues; and(C) describe local and global market conditions and practices that impact the application and need of the small engine technology industry.(4) The student identifies the skills used to maintain and operate a small engine maintenance facility. The student is expected to:(A) develop, evaluate, and perform preventative maintenance plans and systems to keep facility, tools, and equipment operating safely and properly;(B) complete repair orders and paperwork related to the small engine technology industry to properly document work needed or completed such as ensuring proper customer communication and authorization; (C) estimate parts and labor costs on repair orders for small engine repair;(D) describe common business management principles such as technician productivity, shop efficiency, and profit margins; and(E) locate, read, and interpret service repair information such as small engine schematics, charts, and technical bulletins.(5) The student applies appropriate research methods to small engine technology topics. The student is expected to:(A) use a variety of resources to research, trouble shoot, and diagnose concerns and failures; and(B) describe the application of the scientific method of research to small engine technology such as identifying a problem, establishing a procedure, performing direct and indirect observation, collecting and interpreting data, and drawing conclusions by verifying the complaint, determining the related symptoms, analyzing the symptoms, isolating the trouble, correcting the trouble, and checking for proper operation.(6) The student applies problem-solving, mathematical, and organizational skills to maintain financial and logistical records. The student is expected to:(A) develop project proposals;(B) develop and maintain records appropriate to the small engine technology industry;(C) collect and organize data in graphs, tables, and charts;(D) analyze and interpret data from graphs, tables, and charts;(E) use mathematical formulas to perform engine calculations such as calculating cylinder volume, engine performance and enhancement, engine displacement, combustion chamber volume, compressed head gasket volume, piston and deck height, piston dish volume, dome volume, cylinder volume, compression ratio, and horsepower;(F) use mathematical formulas to perform electrical calculations such as calculating and measuring electrical resistance, current, and voltage in engines;(G) apply Ohm's law to small engine electrical circuits using a digital multimeter; and(H) apply electrical principles to diagnose and repair small engine components such as generators, electric motors, power supplies, electronic amplifiers, relays, and circuits.(7) The student uses information technology tools specific to the small engine technology industry to access, manage, integrate, and create information. The student is expected to:(A) use personal management software such as email and Internet applications and word-processing, database, spreadsheet, presentation, collaborative, groupware, and virtual meeting software;(B) discuss Geographic Information Systems and Global Positioning Systems applications; and(C) use other computer-based equipment.(8) The student demonstrates advanced technical knowledge and skills of small engine technology. The student is expected to:(A) demonstrate the use and application of small engines and components;(B) demonstrate the components of electrical-electronic systems;(C) demonstrate knowledge of engine designs, components, and applications; and(D) demonstrate the correct use of engine measuring tools and test equipment.(9) The student demonstrates advanced technical knowledge and skills in simulated or actual work situations. The student is expected to:(A) troubleshoot and repair small engines;(B) perform preventative maintenance on small engines;(C) assess the proper fuel mixtures and analyze the efficiency of various fuels used in small engines;(D) distinguish between valve arrangement positions and analyze valve timing with respect to crankshaft rotation;(E) perform preventative maintenance and service engine lubrication, cooling, starting, fuel, and ignition systems and associated fluids and filters;(F) perform routine installations, inspections, adjustments, and maintenance on small engine testing tools and equipment;(G) demonstrate knowledge of electrical testing tools and equipment commonly used in small engine maintenance such as digital multimeters;(H) perform measurements using precision instruments such as micrometers, dial indicators, and Vernier calipers;(I) inspect and measure small engine parts for wear tolerances and compare to specifications;(J) demonstrate the relationship between an electric current and magnetic fields in ignition, starting, and charging systems with the use of test equipment;(K) analyze the effects of heating and cooling on small engines;(L) explain the thermophysical properties of fluids commonly used in small engine systems;(M) explain the laws of thermodynamics;(N) explain torque, horsepower, and heat energy transfer in small engines;(O) calculate speed and acceleration in small engines; and(P) compare and contrast efficiency of various engine sizes and types.</content><note type="source"><p>Source Note: The provisions of this §127.875 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.876"><num value="127.876">§127.876</num><heading>Automotive Basics (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Automotive Basics includes knowledge of the basic automotive systems and the theory and principles of the components that make up each system and how to service these systems. Automotive Basics includes applicable safety and environmental rules and regulations. In Automotive Basics, students will gain knowledge and skills in the repair, maintenance, and servicing of vehicle systems. This study allows students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings. The focus of this course is to teach safety, tool identification, proper tool use, and employability.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates appropriate personal and communication skills. The student is expected to:(A) describe, demonstrate, and apply ethical and legal responsibilities for appropriate workplace conduct;(B) demonstrate proper etiquette and behavior;(C) demonstrate appropriate personal appearance and hygiene;(D) demonstrate effective written and oral communication skills and employ effective listening skills;(E) demonstrate advanced technical writing and preparation skills; and(F) demonstrate effective speaking skills through prepared and extemporaneous oral presentations.(2) The student demonstrates academic skills related to the requirements of automotive technology. The student is expected to:(A) demonstrate effective oral communication skills with individuals from various cultures such as fellow students, coworkers, and customers;(B) demonstrate effective written communication skills, including documenting on a repair order the customer concern/complaint, root cause of the failure, and corrective action to complete the repair; and(C) demonstrate mathematical skills in performing addition, subtraction, multiplication, division, and measurements using decimals and fractions in the metric and U.S. standard systems as appropriate.(3) The student understands the technical knowledge and skills of basic automotive systems. The student is expected to:(A) describe the eight major vehicle systems;(B) locate, read, and interpret vehicle maintenance and service information; and(C) describe the basic and emerging vehicle power systems. (4) The student knows the functions and applications of the tools, equipment, technologies, and materials used in automotive services. The student is expected to:(A) demonstrate the proper way to safely use hand and power tools and equipment commonly employed in the maintenance and repair of vehicles;(B) discuss the proper handling and disposal of environmentally hazardous materials used in servicing vehicles;(C) identify diagnostic tools and equipment; and(D) identify hand and shop tools and describe their proper usage.(5) The student applies technical knowledge and skills in simulated or actual work situations. The student is expected to:(A) demonstrate the procedures for ordering and locating parts;(B) demonstrate an understanding of the operation theory of internal combustion engines;(C) identify brake system components, including drum, disc, power assist, and anti-lock braking system (ABS);(D) demonstrate an understanding of basic concepts related to hydraulic brakes systems, including Pascal's Theory of Hydraulics;(E) demonstrate an understanding of basic concepts related to electrical and electronic systems such as Ohm's law, voltage drop, resistance, amperage, voltage, and wiring diagram symbols;(F) identify air-conditioning, heating, and accessory system components;(G) inspect and identify chassis and power train components and systems;(H) identify cooling and lubrication system components;(I) identify steering and suspension components, including power steering;(J) identify and interpret tire sidewall data information such as Department of Transportation (DOT) production date information, tire load capacity, inflation pressures, sizing description, and speed rating;(K) compare the preventative maintenance schedules for a variety of vehicles based on their use;(L) perform a preventative maintenance inspection;(M) explain and perform a "jump-start" of a vehicle using jumper cables and a booster battery or an auxiliary power supply according to manufacturer recommended procedures; and(N) perform regular audits and inspections to maintain compliance with safety, health, and environmental regulations.</content><note type="source"><p>Source Note: The provisions of this §127.876 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.877"><num value="127.877">§127.877</num><heading>Automotive Technology I: Maintenance and Light Repair (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisite: Automotive Basics. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Automotive Technology I: Maintenance and Light Repair includes knowledge of the major automotive systems and the principles of diagnosing and servicing these systems. This course includes applicable safety and environmental rules and regulations. In Automotive Technology I: Maintenance and Light Repair, students will gain knowledge and skills in the repair, maintenance, and diagnosis of vehicle systems. This study will allow students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings. The focus of this course is to teach safety, tool identification, proper tool use, and employability.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates academic skills related to the requirements of automotive technology. The student is expected to:(A) demonstrate effective oral communication skills with individuals from various cultures such as fellow students, coworkers, and customers;(B) demonstrate effective written communication skills, including documenting on a repair order the customer concern/complaint, root cause of the failure, and corrective action to complete the repair; and(C) demonstrate mathematical skills in performing addition, subtraction, multiplication, division, and measurements using decimals and fractions in the metric and U.S. standard systems as appropriate.(2) The student demonstrates technical knowledge and skills related to the manufacturer preventative maintenance schedule. The student is expected to:(A) locate the manufacturer recommended preventative maintenance schedule;(B) perform a preventative maintenance inspection of vehicle systems, including engine, fuel, lubrication, cooling, electrical, suspension, drive train, and air-conditioning systems;(C) describe the function of the automotive chassis components, including braking, steering, transmission, drive train, and suspension systems;(D) locate, read, and interpret service repair information such as schematics, charts, diagrams, graphs, parts catalogs, and technical bulletins;(E) use published specifications to diagnose component wear and determine necessary repairs;(F) identify the appropriate oil viscosity and capacity;(G) verify operation of the instrument panel engine warning indicators;(H) inspect engine assembly and document findings of fuel, oil, coolant, and other leaks;(I) perform common fastener and thread repair, including removing broken bolt, restoring internal and external threads, and repairing internal threads with thread insert;(J) inspect, replace, and adjust drive belts, tensioners, and pulleys;(K) perform engine oil and filter change; and(L) explain and perform a "jump-start" of a vehicle using jumper cables and a booster battery or an auxiliary power supply according to manufacturer recommended procedures.(3) The student demonstrates the functions and applications of the tools, equipment, technologies, and materials used in automotive technology. The student is expected to:(A) demonstrate the proper use of hand and power tools and equipment commonly employed in the maintenance and repair of vehicles; and(B) discuss the proper handling and disposal of environmentally hazardous materials used in servicing vehicles.(4) The student applies the technical knowledge and skills related to brakes in simulated or actual work situations. The student is expected to:(A) explains Pascal's Theory of Hydraulics as it relates to the brake system;(B) inspect brake system components, including master cylinder, brake lines, wheel cylinders, calipers, and flexible hoses and fittings, for external leaks and proper operation;(C) inspect, measure, and refinish brake drum diameter to manufacturer specifications;(D) remove, clean, and inspect brake shoes, springs, pins, clips, levers, adjusters/self-adjusters, other related brake hardware, and backing support plates;(E) lubricate, reassemble, and pre-adjust brake shoes and parking brake;(F) remove, inspect for damage or wear, clean, lubricate, and reassemble pads and retaining hardware, caliper assembly, and mounting components such as slides and pins for proper operation;(G) refinish a rotor on and off a vehicle and measure final rotor thickness with manufacturer specifications;(H) retract and re-adjust caliper piston on an integral parking brake system;(I) check brake pedal travel with, and without, engine running to verify proper power booster operation;(J) check brake pedal travel with, and without, engine running to verify proper power booster operation;(K) check vacuum supply from a manifold or auxiliary pump to vacuum-type brake power booster; and(L) describe the operation of a regenerative braking system.(5) The student applies the technical knowledge and skills related to electrical systems in simulated or actual work situations. The student is expected to:(A) demonstrate knowledge of electrical/electronic series, parallel, and series-parallel circuits using principles of electricity as defined by Ohm's Law;(B) demonstrate proper use of a digital multimeter (DMM) when measuring source voltage, voltage drop, current flow, resistance, and ground circuits;(C) use wiring diagrams to trace electrical/electronic circuits;(D) demonstrate knowledge of the causes and effects from shorts, grounds, opens, and resistance problems in electrical/electronic circuits;(E) confirm proper battery capacity for vehicle application and perform battery capacity test;(F) perform battery state-of-charge test;(G) inspect and clean the battery, fill battery cells, and check battery cables, connectors, clamps, and hold-downs;(H) perform starter current draw test;(I) inspect and test fusible links, circuit breakers, fuses, and relays;(J) perform charging system output test;(K) inspect, adjust, or replace generator/alternator drive belts and check pulleys and tensioners for wear and belt alignment; (L) verify operation of instrument panel gauges and warning/indicator lights, and reset maintenance indicators;(M) inspect interior and exterior lamps and sockets, including headlights and auxiliary light such as fog and driving lights and replace as needed; and(N) verify windshield wiper and washer operation and replace wiper blades as needed.(6) The student applies the technical knowledge and skills related to heating and air conditioning (A/C) in simulated or actual work situations. The student is expected to:(A) identify refrigerant type and the safety and environmental concerns related to handling and storage;(B) inspect engine cooling and heater systems hoses;(C) inspect A/C-heater ducts, doors, hoses, cabin filters, and outlets;(D) inspect A/C condenser for airflow restrictions; and(E) identify hybrid vehicle A/C system electrical circuits and the service/safety precautions.(7) The student applies the technical knowledge and skills related to manual and automatic drive train and axles in simulated or actual work situations. The student is expected to:(A) identify the different fluid types used in both an automatic and manual transmission/transaxle;(B) identify the fluid types and capacity required by application using service information;(C) check fluid level in a transmission or a transaxle equipped with a dip-stick;(D) check fluid level in a transmission or a transaxle not equipped with a dip-stick;(E) check fluid condition and inspect for leaks;(F) drain and replace fluid and filter or filters in an automatic transmission/transaxle;(G) drain and replace fluid in an manual transmission/transaxle; and(H) inspect power train mounts.(8) The student applies the technical knowledge and skills related to engine performance in simulated or actual work situations. The student is expected to:(A) inspect and explain the electrical/electronic components, sensors and circuits on an on board diagnostics (OBD) controlled engine;(B) perform engine absolute manifold pressure tests such as vacuum or boost;(C) verify engine operating temperature;(D) remove and replace spark plugs and inspect secondary ignition components for wear and damage;(E) describe the importance of operating all OBD II monitors for repair verification;(F) retrieve and record diagnostic trouble codes, OBD II monitor status, and freeze frame data and clear codes when applicable; (G) inspect, service, or replace air filters, filter housings, and intake duct work;(H) replace fuel filter or filters;(I) inspect integrity of the exhaust manifolds, exhaust pipes, mufflers, catalytic converters, resonators, tail pipes, and heat shields; and(J) inspect, test, and service positive crankcase ventilation (PCV) system and its components such as the filter/breather cap, valve, tubes, orifices, and hoses.(9) The student applies the technical knowledge and skills related to suspension systems and simulated or actual work situations. The student is expected to:(A) identify and interpret tire sidewall data information such as Department of Transportation (DOT) production date information, tire load capacity, inflation pressures, sizing description, and speed rating;(B) demonstrate tire tread depth measuring procedures using industry standards such as common tread depth gauges;(C) demonstrate tire and wheel balance such as static and dynamic balance, and proper wheel weight selection;(D) demonstrate tire and wheel measurements such as radial and lateral run-out in tire and wheel assembly;(E) inspect steering linkage components and mounts such as inner and outer tie-rod ends, pitman arm, idler arm, inner rack and pinion ends, rack and pinion mounts, upper and lower ball joints, power steering pump, and hoses for leaks;(F) remove, clean, inspect, and repack wheel bearings, properly install wheel seals, and adjust wheel bearing pre-load;(G) inspect shock absorbers and McPherson struts for leakage and performance using jounce and rebound tests;(H) demonstrate wheel stud replacement and installation of wheel and tire assembly with proper torqueing procedure;(I) identify and test the Tire Pressure Monitoring Systems (TPMS), both the direct and indirect, for proper operation;(J) dismount and mount a tire on a wheel and reinstall the assembly, including torqueing the lug nuts; and(K) rotate tires according to manufacturer recommendations.</content><note type="source"><p>Source Note: The provisions of this §127.877 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.878"><num value="127.878">§127.878</num><heading>Automotive Technology II: Automotive Service (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Automotive Technology I: Maintenance and Light Repair. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Automotive Technology II: Automotive Service includes knowledge of the major automotive systems and the principles of diagnosing and servicing these systems. Automotive Technology II: Automotive Service includes applicable safety and environmental rules and regulations. In this course, students will gain knowledge and skills in the repair, maintenance, and diagnosis of vehicle systems. This study will allow students to reinforce, apply, and transfer academic knowledge and skills to a variety of interesting and relevant activities, problems, and settings. The focus of this course is to teach safety, tool identification, proper tool use, and employability.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student relates core academic skills to the requirements of automotive technology. The student is expected to:(A) demonstrate effective written communication skills throughout the course, including documenting on a repair order customer concern/compliant, root cause of the failure, and corrective action to complete the repair;(B) estimate the cost of parts and labor operations on repair orders throughout the course, including the flat rate system;(C) demonstrate mathematical skills in performing addition, subtraction, multiplication, division, and measurements using decimals and fractions in the metric and U.S. standard systems as appropriate; and(D) research applicable vehicle and service information, vehicle service history, service precautions, and technical service bulletins.(2) The student demonstrates the technical knowledge and skills that form the core of knowledge of automotive service. The student is expected to:(A) diagnose the major components of powered vehicles;(B) diagnose automotive chassis and driveline components;(C) locate, read, and interpret documents such as schematics, charts, diagrams, graphs, parts catalogs, and service-repair information and technical bulletins;(D) locate the manufacturer recommended preventative maintenance schedule;(E) perform a preventative maintenance inspection;(F) perform common fastener and thread repair, including removing broken bolt, restoring internal and external threads, and repairing internal threads with thread insert;(G) perform precision measurements and use published specifications to diagnose component wear and determine necessary repairs; and(H) employ critical-thinking skills and structured problem-solving skills to diagnose vehicle malfunctions, solve problems, and make decisions.(3) The student knows the functions and applications of the tools, equipment, technologies, and materials used in automotive technology. The student is expected to:(A) demonstrate the proper and safe use of hand and power tools and equipment commonly employed in the maintenance and repair of vehicles;(B) discuss and demonstrate the proper handling and disposal of environmentally hazardous materials used in servicing vehicles;(C) demonstrate proper use of diagnostic tools and equipment; and(D) locate, read, and interpret service repair information such as schematics, charts, diagrams, graphs, parts catalogs, and service-repair bulletins.(4) The student applies the technical knowledge and skills related to suspension in simulated or actual work situations. The student is expected to:(A) inspect and replace power steering hoses and fittings; (B) remove, clean, inspect, repack, and install wheel bearings; replace seals; install hubs; and adjust bearings;(C) replace wheel bearing and race;(D) disable and enable supplemental restraint system (SRS);(E) inspect, remove, and replace shock absorbers and struts and inspect mounts and bushings;(F) dismount, inspect, and remount tire on wheel equipped with tire pressure monitoring system (TPMS);(G) inspect rear suspension system lateral links/arms, trailing arms, leaf springs, spring insulators, shackles, brackets, center pins, and mounting bolts;(H) inspect tire condition and wear patterns, check for correct size and application based on load and speed rating, and adjust air pressure;(I) perform pre-alignment inspection and measure vehicle ride height;(J) inspect tire and wheel assembly for air loss;(K) identify and test indirect and direct TPMSs and operation of the instrument panel lamps;(L) demonstrate knowledge of steps required to remove and replace sensors in a TPMS; and(M) inspect, remove, and replace front wheel drive (FWD) bearings, hubs, seals, shafts, boots, and universal/constant velocity (CV) joints.(5) The student applies the technical knowledge and skills related to electrical systems in simulated or actual work situations. The student is expected to:(A) demonstrate knowledge of the causes and effects from shorts, opens, and resistance in electrical/electronic circuits;(B) measure key-off battery drain/parasitic draw;(C) perform solder repair of electrical wiring;(D) replace electrical connectors and terminal ends;(E) demonstrate the ability to maintain or restore electronic memory functions;(F) perform slow and fast battery charges according to manufacturer recommendations;(G) identify electronic modules, security systems, radios, and other accessories that require re-initialization or code entry after reconnecting a vehicle battery;(H) perform starter current draw test and starter circuit voltage drop tests and inspect and test starter relays and solenoids;(I) remove and install a starter in a vehicle;(J) inspect and test switches, connectors, and wires of starter control circuits;(K) perform charging system output test;(L) remove, inspect, and re-install alternator;(M) identify system voltage and safety precautions associated with high-intensity discharge headlights;(N) disable and enable airbag system for vehicle service and verify indicator lamp operation;(O) remove and reinstall a door panel; and(P) describe the operation of keyless entry and remote-start systems.(6) The student applies the technical knowledge and skills related to brakes in simulated or actual work situations. The student is expected to:(A) describe procedure for performing a road test to check brake system operation, including an anti-lock brake system (ABS);(B) measure brake pedal height, reserve distance, travel, and free play;(C) identify components of brake warning light system;(D) bleed and flush brake system;(E) identify and check the operation of brake stop light system; and(F) identify traction control and vehicle stability control system components.(7) The student applies the technical knowledge and skills related to engine performance in simulated or actual work situations. The student is expected to:(A) describe the importance of operating all on board diagnostics II (OBDII) monitors for repair verification;(B) perform cylinder power balance test;(C) perform cylinder cranking and running compression tests;(D) perform cylinder leakage test;(E) verify engine operating temperature;(F) remove and replace spark plugs and inspect secondary ignition components for wear and damage; and(G) retrieve and record diagnostic trouble codes and OBD II monitor status, freeze frame data, and clear trouble codes when applicable.(8) The student applies the technical knowledge and skills related to engines in simulated or actual work situations. The student is expected to:(A) install engine covers using gaskets, seals, and sealers as required;(B) remove and replace timing belt and verify correct camshaft timing;(C) perform cooling system pressure and dye tests to identify leaks, check coolant condition and level, and inspect and test radiator, pressure cap, coolant recovery tank, and heater core; and(D) remove, inspect, and replace thermostat and gasket or seal.(9) The student applies the technical knowledge and skills related to heating ventilation and air conditioning (HVAC) in simulated or actual work situations. The student is expected to:(A) identify, locate, and replace cabin air filters;(B) inspect air conditioning (A/C) condenser for airflow restrictions;(C) identify the source of A/C system odors; and(D) identify hybrid vehicle A/C system electrical circuits and safety precautions.</content><note type="source"><p>Source Note: The provisions of this §127.878 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.879"><num value="127.879">§127.879</num><heading>Basic Collision Repair and Refinishing (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Basic Collision Repair and Refinishing includes knowledge of the processes, technologies, and materials used in the reconstruction of vehicles. This course is designed to teach the concepts and theory of systems related to automotive collision repair and refinishing. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student relates core academic skills to the requirements of collision repair and refinishing technology. The student is expected to: (A) apply effective oral and written communication skills with individuals from various cultures such as fellow workers, management, and customers;(B) use technical writing skills to complete collision repair and refinishing orders and related paperwork; and(C) locate and read documents such as service and repair information, technical bulletins, specifications, schematics, and parts catalogs.(2) The student understands the technical knowledge and skills of basic collision repair and refinishing systems. The student is expected to:(A) demonstrate an understanding of basic types of repair procedures used in the auto collision industry;(B) demonstrate an understanding of basic preparation, application, and refinishing with various paint products; and(C) estimate parts and labor costs on collision repair and refinishing orders.(3) The student knows the basic function and application of tools, equipment, technologies, and materials used in collision repair and refinishing services. The student is expected to:(A) identify hand and power tools and equipment commonly used in collision repair and refinishing;(B) identify proper welding and cutting techniques and processes used in collision repair;(C) identify environmentally hazardous materials and appropriate handling methods used in collision repair and refinishing technologies; and(D) demonstrate awareness of new and emerging collision repair and refinishing technologies.(4) The student reviews the technical knowledge and skills of collision repair and refinishing. The student is expected to:(A) demonstrate the safe use of various hand and power tools and equipment commonly used in collision repair and refinishing;(B) identify types of vehicle construction materials and associated repair methods;(C) remove paint from the damaged area of a body panel;(D) identify and repair surface irregularities on a damaged body panel;(E) demonstrate hammer and dolly techniques for dent repair;(F) prepare damaged area using water-based and solvent-based cleaners;(G) identify, prepare, and apply body filler;(H) rough sand body filler to contour panel and finish sand for the application of primer;(I) demonstrate the proper preparation, application, and refinishing of various paint products;(J) apply finish using appropriate spray techniques such as gun arc, angle, distance, travel speed, and spray pattern overlap for the finish being applied;(K) apply basecoat and clear coat for overall refinishing; and(L) sand, buff, and polish fresh or existing finish to remove defects as required.</content><note type="source"><p>Source Note: The provisions of this §127.879 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.880"><num value="127.880">§127.880</num><heading>Collision Repair (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Basic Collision Repair and Refinishing. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Collision Repair includes knowledge of the processes, technologies, and materials used in the reconstruction of vehicles. This course is designed to teach the concepts and theory of systems related to automotive collision repair and refinishing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student relates core academic skills to the requirements of collision repair. The student is expected to:(A) apply effective oral and written communication skills with individuals from various cultures such as fellow workers, management, and customers;(B) use technical writing skills to complete collision repair orders and related paperwork;(C) locate, read, and interpret documents such as service and repair information, technical bulletins, specifications, schematics, and parts catalogs; and (D) apply mathematical skills to the estimating process such as establishing charges and totals, profit margins, technician productivity, and shop efficiency.(2) The student understands the technical knowledge and skills of collision repair. The student is expected to:(A) demonstrate an understanding of basic types of repair procedures for the different types of vehicle body construction used in the auto collision industry;(B) demonstrate an understanding of pre-repair and repair inspection of non-damaged components;(C) demonstrate the proper preparation, application, and refinishing of various paint products;(D) estimate parts and labor costs of collision repair; and(E) perform precision measurements to diagnose vehicle body shape and frame alignment angles.(3) The student knows the function and application of tools, equipment, technologies, and materials used in collision repair. The student is expected to:(A) use hand and power tools and equipment commonly employed in collision repair, according to industry safety standards;(B) identify proper welding and cutting techniques and processes in in collision repair;(C) properly handle and dispose of environmentally hazardous materials used in collision repair and refinishing technologies; and(D) demonstrate knowledge of new and emerging collision repair technologies.(4) The student applies the technical knowledge and skills of collision repair and refinishing to simulated or actual work situations. The student is expected to:(A) perform regular audits and inspections to maintain compliance with safety, health, and environmental regulations;(B) identify types of vehicle construction materials and associated repair methods;(C) identify methods of collision energy management and types of damage;(D) determine vehicle damage and prepare an estimate of the repair costs;(E) determine body panel damage and identify the associated repair methods, including inspection, disassembly, and repair or replacement of components;(F) inspect, remove, replace, and align various body components such as hoods, hinges, latches, and bumper covers; (G) identify types of vehicle finishes and associated refinish techniques; (H) inspect, remove, and replace bolted, bonded, and welded panels or panel assemblies; (I) identify vehicle occupant restraint systems and associated repair methods; (J) identify vehicle body components and assess for repair or replacement; (K) demonstrate the welding and cutting processes used in vehicle collision repair; (L) remove, install, and adjust vehicle mechanical systems and electrical components; (M) identify and determine the cause of paint and refinishing defects; (N) discuss interior and exterior trim repair; (O) discuss corrosion protection, including sealers, adhesives, and under-coatings; (P) prepare damaged area using water-based and solvent-based cleaners; (Q) demonstrate vehicle detailing; (R) restore sound deadeners and foam materials; and (S) diagnose and repair water leaks, dust leaks, and wind noise.(5) The student applies the technical knowledge and skills of metal finishing and body filling to simulated or actual work situations. The student is expected to:(A) remove paint from damaged area of a body panel;(B) identify and repair surface irregularities on a damaged body panel;(C) demonstrate hammer and dolly techniques for dent repair;(D) heat shrink stretched panel areas to proper contour;(E) cold shrink stretched panel areas to proper contour;(F) identify, prepare, and apply body filler;(G) rough sand body filler to contour panel and finish sand for the application of primer;(H) determine the proper metal finishing techniques for aluminum; and(I) determine the proper application of body filler to aluminum.(6) The student applies the technical knowledge and skills of moveable glass and hardware to simulated or actual work situations. The student is expected to:(A) inspect, adjust, repair, or replace window systems such as regulators, run channels, glass, power mechanisms, and related controls;(B) inspect, adjust, remove, repair, or reinstall body sealing systems such as weather stripping;(C) inspect, adjust, repair, or replace regulators, run channels, glass, power mechanisms, and related controls for roof panel options such as sun roofs and convertible tops; and(D) inspect, remove, reinstall, and align convertible tops and related mechanisms.(7) The student applies the technical knowledge and skills of plastics and adhesives to simulated or actual work situations. The student is expected to:(A) identify the types of plastics used in automotive applications;(B) clean and prepare the surface of plastic parts;(C) repair rigid, semi-rigid, or flexible plastic panels;(D) remove or repair damaged areas from rigid exterior composite panels; and(E) replace bonded rigid exterior composite body panels, including straightening or aligning panel supports.(8) The student applies the technical knowledge and skills of damage analysis to simulated or actual work situations. The student is expected to:(A) prepare vehicle for inspection by providing access to damaged areas;(B) analyze damage to determine appropriate methods for overall repairs;(C) perform visual inspection of structural components and members;(D) identify structural damage using measuring tools and equipment;(E) perform visual inspection of non-structural components and members;(F) determine parts, components, material type(s), and procedures necessary for a proper repair;(G) identify type and condition of finish and determine if refinishing is required;(H) identify suspension, electrical, and mechanical component physical damage;(I) identify safety systems physical damage;(J) identify interior component damage;(K) identify damage to add-on accessories and modifications; and(L) identify single/one-time use components.(9) The student applies the technical knowledge and skills of estimating in simulated or actual work situations. The student is expected to:(A) locate and record customer/vehicle owner information;(B) locate and record vehicle identification number (VIN) information, including nation of origin, make, model, restraint system, body type, production date, engine type, and assembly plant;(C) identify and record vehicle options, including trim level, paint code, accessories, and modifications;(D) identify the safety systems;(E) apply appropriate estimating and parts terminology;(F) determine and apply appropriate estimating sequence;(G) utilize estimating guide procedure pages;(H) estimate labor time for operations;(I) select appropriate labor rates for each operation such as structural, non-structural, mechanical, and refinish;(J) select and price replacement parts such as original equipment manufacturer (OEM), alternative/optional OEM, aftermarket, recycled/used, remanufactured, rebuilt, and reconditioned parts;(K) determine labor time, prices, charges, allowances, or fees for non-included operations and miscellaneous items;(L) determine additional material and charges such as environmental, administrative, shop, and disposal fees;(M) determine refinishing material and charges;(N) review computer-assisted and manually written estimates and verify that the information is correct;(O) identify labor time and material charges for restoring corrosion protection; and(P) determine the approximate vehicle retail value compared to the repair cost.</content><note type="source"><p>Source Note: The provisions of this §127.880 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.881"><num value="127.881">§127.881</num><heading>Paint and Refinishing (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Basic Collision Repair and Refinishing or Collision Repair. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Paint and Refinishing includes knowledge of the processes, technologies, and materials used in the reconstruction of vehicles. This course is designed to teach the concepts and theory of systems related to automotive paint and refinishing.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student relates core academic skills to the requirements of paint and refinishing. The student is expected to:(A) demonstrate effective oral and written communication skills with individuals from various cultures such as fellow workers, management, and customers;(B) use technical writing skills to complete paint and refinishing orders and related paperwork;(C) locate, read, and interpret documents such as service and repair information, technical bulletins, specifications, schematics, and parts catalogs; and(D) demonstrate competencies required to use and interpret service repair bulletins.(2) The student understands the technical knowledge and skills of paint and refinishing systems. The student is expected to:(A) demonstrate the basic types of refinishing procedures for the different types of vehicle body construction used in the auto refinishing industry;(B) demonstrate the proper preparation, application, and refinishing with various paint products, decals, and adhesives;(C) estimate parts and labor costs on paint and refinishing orders; and(D) perform precision measurements of paint and materials. (3) The student knows the function and application of tools, equipment, technologies, and materials used in paint and refinishing services. The student is expected to:(A) identify safety and personal health hazards according to Occupational Safety and Health Association (OSHA) guidelines and the "Right to Know Law";(B) inspect spray environment and equipment to ensure compliance with federal, state, and local regulations and for safety and cleanliness hazards;(C) select, use, inspect, ensure fit and operation, and perform maintenance in accordance with OSHA Regulation 1910.134 and applicable state and local regulation of a National Institute of Occupational of Safety and Health (NIOSH) approved air purifying respirator;(D) select, use, and perform maintenance in accordance with OSHA Regulation 1910.134 and applicable state and local regulation for a NIOSH approved fresh air make-up respirator system;(E) select and use the proper personal safety equipment such as gloves, suits, hoods, and eye and ear protection;(F) use hand and power tools and equipment commonly employed in paint and refinishing technologies, according to industry safety standards;(G) properly handle and dispose of environmentally hazardous materials used in paint and refinishing technologies; and(H) demonstrate knowledge of new and emerging paint and refinishing technologies.(4) The student applies the technical knowledge and skills of paint and refinishing to simulated or actual work situations. The student is expected to:(A) perform regular audits and inspections to maintain compliance with safety, health, and environmental regulations;(B) inspect types of vehicle construction materials and associated refinishing methods;(C) identify different types of vehicle finishes and associated refinish techniques;(D) inspect, identify, and determine the cause of paint and refinishing defects;(E) discuss corrosion protection; and(F) demonstrate vehicle detailing.(5) The student applies the technical knowledge and skills of surface preparation to simulated or actual work situations. The student is expected to:(A) inspect and identify type of finish, surface condition, and film thickness and develop and document a plan for refinishing;(B) featheredge areas to be refinished;(C) apply suitable metal treatment or primer;(D) mask and protect other areas that will not be refinished; (E) mix primer, primer-surfacer, or primer-sealer;(F) identify a complimentary color or shade of undercoat to improve coverage;(G) apply primer onto surface of repaired area;(H) remove dust from area to be refinished, including cracks or moldings of adjacent areas;(I) clean area to be refinished using a final cleaning solution;(J) remove, with a tack rag, any dust or lint particles from the area to be refinished;(K) apply suitable sealer to the area being refinished;(L) apply stone chip resistant coating;(M) identify the types of rigid, semi-rigid, or flexible plastic parts to be refinished and determine the materials needed and preparation and refinishing procedures; and(N) identify metal parts to be refinished and determine the materials needed and preparation and refinishing procedures.(6) The student applies the technical knowledge and skills of spray gun and related components to simulated or actual work situations. The student is expected to:(A) inspect, clean, and determine condition of spray guns, spray environment, and related equipment such as air hoses, regulators, air lines, and air source;(B) select spray gun setup, including fluid needle, nozzle, and cap, for product being applied;(C) test and adjust spray gun using fluid, air, and pattern control valves; and(D) demonstrate an understanding of the operation of pressure spray equipment.(7) The student applies the technical knowledge and skills of paint mixing, matching, and applying techniques to simulated or actual work situations. The student is expected to:(A) identify color code by manufacturer vehicle information label;(B) measure, shake, stir, reduce, catalyze/activate, and strain refinish materials;(C) apply finish using appropriate spray techniques, including gun arc, angle, distance, travel speed, and spray pattern overlap, for the finish being applied;(D) apply selected product on test or let-down panel and check for color match;(E) apply single stage topcoat;(F) apply basecoat and clearcoat for panel blending and panel refinishing;(G) apply basecoat and clearcoat for overall refinishing;(H) remove nibs or imperfections from basecoat;(I) refinish rigid or semi-rigid plastic parts;(J) refinish flexible plastic parts;(K) apply multi-stage coats for panel blending and overall refinishing;(L) identify and mix paint using a formula;(M) identify poor hiding colors and determine necessary action;(N) tint color using formula to achieve a blendable match;(O) identify alternative color formula to achieve a blendable match; and(P) identify the materials, equipment, and preparation differences between petroleum and waterborne technologies.(8) The student applies the technical knowledge and skills of final detailing to simulated or actual work situations. The student is expected to:(A) apply decals, transfers, tapes, woodgrains, and pinstripes such as painted and taped;(B) sand, buff, and polish fresh or existing finish to remove defects as required;(C) clean vehicle interior, exterior, and glass;(D) clean body openings such as door jambs and edges;(E) remove overspray; and(F) complete quality control using a checklist.</content><note type="source"><p>Source Note: The provisions of this §127.881 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.882"><num value="127.882">§127.882</num><heading>Diesel Equipment Technology I (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Diesel Equipment Technology I includes knowledge of the function and maintenance of diesel systems. Rapid advances in diesel technology have created new career opportunities and demands in the transportation industry. This course provides the knowledge, skills, and technologies required for employment in transportation systems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates academic skills related to the requirements of transportation technology. The student is expected to:(A) demonstrate effective oral communication skills with individuals from various cultures such as fellow students, coworkers, and customers;(B) demonstrate effective written communication skills with individuals from various cultures such as fellow students, coworkers, and customers; and(C) demonstrate mathematical skills and precision measurements using the metric and U.S. standard systems.(2) The student demonstrates technical knowledge and skills of diesel equipment technology. The student is expected to:(A) describe the function of the major components of diesel powered vehicles such as engines, fuel injection systems, lubrication, cooling, electrical, air-conditioning systems, air induction, exhaust, and emissions;(B) describe the function of the chassis components such as braking, steering, transmission, drivetrain, suspension systems, pneumatics, and hydraulics;(C) locate, read, and interpret documents such as schematics, charts, diagrams, graphs, parts catalogs, and service-repair information and technical bulletins; and(D) demonstrate precision measurement procedures to diagnose component wear, compare measurements to published specifications, and determine necessary repairs.(3) The student learns the functions and applications of the tools, equipment, technologies, and materials used in diesel equipment service. The student is expected to:(A) describe and demonstrate the safe use of hand and power tools and equipment commonly used in the diesel equipment field;(B) discuss the proper handling and disposal of environmentally hazardous materials generated in the service of diesel equipment;(C) describe new and emerging diesel technologies;(D) identify and perform the use of diagnostic tools and equipment; and(E) describe hydraulic/pneumatic properties, controls, and safety.(4) The student applies the technical knowledge and skills of diesel equipment technology to simulated or actual work situations. The student is expected to:(A) describe the parts management procedures such as ordering, stocking, and locating parts;(B) demonstrate procedures for removal, inspection, and replacement of engine components;(C) describe procedures for inspection and maintenance of ancillary systems such as braking, steering, suspension, and hydraulic/pneumatic systems;(D) demonstrate and apply the concepts of electrical circuit testing, including Ohm's law, voltage drop, resistance, amperage, and voltage, as related to batteries and charging and starting systems;(E) demonstrate and apply the concepts of wiring diagrams and related symbols and series and parallel circuits;(F) discuss the proper procedures to inspect and maintain auxiliary systems such as air-conditioning, heating, and accessory systems;(G) demonstrate and apply the procedures to inspect and maintain chassis and power train systems;(H) demonstrate and apply the procedures to inspect and maintain cooling and lubrication systems; and(I) demonstrate an understanding of the process to perform regular audits and inspections to maintain compliance with appropriate regulations in areas such as safety, health, emissions, and environmental protection.</content><note type="source"><p>Source Note: The provisions of this §127.882 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.883"><num value="127.883">§127.883</num><heading>Diesel Equipment Technology II (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Diesel Equipment Technology I. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Diesel Equipment Technology II includes knowledge of the function, diagnosis, and service of diesel equipment systems. Rapid advances in diesel technology have created new career opportunities and demands in the transportation industry. This course provides the advanced knowledge, skills, and technologies required for employment in transportation systems.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates academic skills related to the requirements of transportation technology. The student is expected to:(A) demonstrate effective oral communication skills with individuals from various cultures such as fellow students, coworkers, and customers;(B) demonstrate effective written communication skills with individuals from various cultures such as fellow students, coworkers, and customers; and(C) demonstrate mathematical skills and precision measurements using the metric and U.S. standard systems.(2) The student demonstrates technical knowledge and skills of diesel equipment service and repair. The student is expected to:(A) describe the function of the major components of diesel powered vehicles and equipment such as engines; fuel injection systems; lubrication, cooling, electrical, and air-conditioning systems; and air induction, exhaust, and emissions systems;(B) perform system diagnostics and failure analyses;(C) describe the function of the chassis components such as braking, steering, transmission, drivetrain, suspension systems, pneumatics, and hydraulics;(D) diagnose, repair, and replace auxiliary equipment such as power take offs, hydraulic components, and pneumatic components;(E) locate, read, and interpret documents such as schematics, charts, diagrams, graphs, parts catalogs, and service-repair information and technical bulletins; and(F) perform precision measurements and use published specifications to diagnose component wear and determine necessary repair or replacement.(3) The student demonstrates the application of the tools, equipment, technologies, and materials used in diesel equipment diagnosis, service, and repair. The student is expected to:(A) demonstrate safe use of hand and power tools and equipment commonly employed in diesel equipment technology;(B) demonstrate the proper handling and disposal of environmentally hazardous materials generated in the servicing of diesel equipment;(C) describe emerging diesel technologies;(D) perform the proper use of diagnostic tools and equipment; and(E) demonstrate knowledge of hydraulic/pneumatic properties, controls, and safety.(4) The student applies the technical knowledge and skills of diesel equipment technology to simulated or actual work situations. The student is expected to:(A) demonstrate parts inventory management such as ordering parts, stocking parts, and locating parts;(B) demonstrate procedures for the diagnosis, removal, repair, and replacement of engine components such as cylinder heads, engine blocks, timing components, crankshafts, intake and exhaust systems, and ancillary and auxiliary systems;(C) diagnose, service, and repair diesel equipment systems such as braking, steering, suspension, pneumatic, and hydraulic systems;(D) diagnose and repair electrical and electronic systems such as starting, charging, lighting, computer controls, and on board diagnostics systems and components such as modules, solenoids, sensors, actuators, relays, and switches;(E) demonstrate an understanding of the diagnosis, service, and repair of air-conditioning, heating, and accessory systems;(F) diagnose, service, and repair chassis and power train systems;(G) service and repair cooling and lubrication systems such as water pumps, oil pumps, radiators, and oil coolers;(H) use appropriate diagnostic equipment on various diesel equipment systems; and(I) perform regular audits and inspections to maintain compliance with appropriate regulations in areas such as emissions, safety, health, and environmental protection.</content><note type="source"><p>Source Note: The provisions of this §127.883 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.884"><num value="127.884">§127.884</num><heading>Energy and Power of Transportation Systems (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Transportation Systems. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Energy and Power of Transportation Systems will prepare students to meet the expectations of employers in this industry and to interact and relate to others. Students will learn the technologies used to provide products and services in a timely manner. The businesses and industries of the Transportation, Distribution, and Logistics Career Cluster are rapidly expanding to provide new career and career advancement opportunities. Performance requirements will include academic and technical skills. Students will need to understand the interaction between various vehicle systems, including engines, transmissions, brakes, fuel, cooling, and electrical. Students will also need to understand the logistics used to move goods and services to consumers, as well as the components of transportation infrastructure.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student knows the functions and applications of the tools, equipment, technologies, and materials used in the field of energy and power of transportation systems. The student is expected to:(A) discuss the safe use of hand and power tools and equipment commonly used in the maintenance and repair of engines; and(B) discuss the use of audits and inspections to maintain compliance with safety, health, and environmental regulations.(2) The student applies technical knowledge and skills to simulated situations. The student is expected to:(A) identify the major components in a vehicular system;(B) identify necessary maintenance and service of vehicular systems; and(C) discuss preventative maintenance plans and systems to keep vehicular systems in operation.(3) The student describes the historical, current, and future significance of the energy and power of transportation systems. The student is expected to:(A) identify the scope and effect upon society of the energy and power of transportation systems; and(B) identify potential future scenarios for the energy and power of transportation systems.(4) The student uses academic skills to document the requirements of the energy and power of transportation systems. The student is expected to:(A) demonstrate communication skills related to working with customers, technicians, and others;(B) prepare documentation such as quotes, invoices, bills of lading, work orders, and other reports;(C) read and interpret appropriate documents such as schematics, charts, diagrams, graphs, parts catalogs, and service-repair manuals and bulletins;(D) perform precision measurements and use industry specifications to diagnose component shape and alignment issues and determine necessary repair;(E) use critical-thinking skills to diagnose vehicular system malfunctions, solve problems, and make decisions; and(F) demonstrate knowledge of regulations that govern the construction, maintenance, and service of energy and power of transportation systems.</content><note type="source"><p>Source Note: The provisions of this §127.884 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.885"><num value="127.885">§127.885</num><heading>Management of Transportation Systems (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(1) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 10-12. Recommended prerequisite: Principles of Transportation Systems. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) In Management of Transportation Systems, students will gain knowledge and skills in material handling and distribution and proper application, design, and production of technology as it relates to the transportation industries. This course includes the safe operation of tractor-trailers, forklifts, and related heavy equipment. This course will allow students to reinforce, apply, and transfer their academic knowledge and skills to management of transportation systems and associated careers.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates an understanding of the transportation systems. The student is expected to:(A) explain the history and development of the U.S. transportation systems such as railroads, highways, airports, water systems, and intermodal vans;(B) examine logistics systems used for the transportation of products and services;(C) define practices and terms commonly used in international sales contracts as published by the International Chamber of Commerce;(D) summarize laws and regulations concerning interstate and international trade;(E) explain the role of homeland security in interstate and international trade;(F) evaluate risk factors and social and economic trends such as factors and trends related to risk mitigation, policy issues, security, and culture;(G) evaluate documentation and other requirements for interstate and international transportation and logistics;(H) describe transportation issues such as internal processing, product and supply storage, forecasting, scheduling, cost analysis, documentation confirmation, packing lists, materials safety data sheets, product seals, packaging types, packaging labels, and routing issues;(I) identify employer's expectations, appropriate work habits, ethical conduct, legal responsibilities, and good citizenship skills; and(J) demonstrate computer skills related to transportation and materials handling.(2) The student demonstrates an understanding of the U.S. Department of Transportation, Environmental Protection Agency, and Occupational Safety and Health Administration hazardous materials regulations. The student is expected to:(A) discuss U.S. Department of Transportation regulations, including procedures or policies, material designations, packaging requirements, and operational rules;(B) explain U.S. Department of Transportation, Environmental Protection Agency, and Occupational Safety and Health Administration compliance requirements concerning hazardous materials, hazardous waste operations, medical surveillance, personnel training, adequate ventilation, confined space hazards, and emergency preparedness and response;(C) examine personal protective equipment;(D) compare specifications for accident prevention signs and tags, retention of U.S. Department of Transportation markings, and placards and labels for toxic and hazardous materials;(E) research handling and storage requirements for liquid fuels, liquid petroleum gas, carbon monoxide, and toxic and hazardous substances;(F) examine emergency action plans, employee training requirements, evacuation procedure requirements, and facility and equipment safety standards;(G) explain fire prevention resources, including portable fire extinguishers, fire management systems, employee alarm systems, and hazard communication; and(H) examine fire prevention plans and documentation.(3) The student demonstrates an understanding of tractor-trailer knowledge and skills. The student is expected to:(A) read and interpret control systems;(B) perform vehicle inspections and maintenance such as checking vehicle systems and components, diagnosing potential problems, and developing malfunction reports and maintenance schedules and reports; (C) perform visual search and inspection of a tractor-trailer; (D) demonstrate operation of tractor-trailer controls such as shifting, backing, docking, coupling and uncoupling, and adjusting vehicle speed and conduct break-down procedures;(E) explain the management and adjustment of vehicle speed and space relations;(F) identify potential driving hazards and environmental conditions;(G) examine emergency maneuvers, procedures, and accident reports; and(H) discuss appropriate decision-making procedures for planning trips.(4) The student demonstrates an understanding of forklift knowledge and skills. The student is expected to:(A) explain Occupational Safety and Health Administration forklift safety standards, including equipment operation, battery maintenance, liquid propane tank maintenance, lift truck stability, load weight limits, seat belt requirements, overhead guards, tip over prevention, and ride-out procedures;(B) perform visual inspection of forklifts and their operating environment;(C) discuss proper start-up, shut-down, and traveling procedures;(D) perform maintenance inspections and documentation procedures;(E) discuss forklift attachments; and(F) evaluate proper lifting, carrying, load stability, and stacking procedures for loading trailers, boxcars, and containers.(5) The student demonstrates an understanding of heavy equipment knowledge and skills. The student is expected to:(A) explain safety issues pertaining to heavy equipment operation;(B) discuss principles and maintenance of heavy equipment components, including cooling systems, fuel systems, lubrication systems, electrical systems, air systems, power systems, braking systems, pneumatic systems, hydraulic systems, operator ergonomics systems, tires, tracks, and track frames;(C) observe the operation of heavy equipment such as bull dozers, crawler tractors, backhoes, excavators, track hoes, graders, scrapers, skid steer loaders, mini excavators, dump trucks, trenchers, cranes, hoists, soil compactors, land planes, landscaping equipment, and quarry equipment;(D) discuss safe transportation of heavy equipment; and(E) discuss equipment theft prevention procedures.</content><note type="source"><p>Source Note: The provisions of this §127.885 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.886"><num value="127.886">§127.886</num><heading>Distribution and Logistics (One Credit), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. Recommended prerequisite: Principles of Distribution and Logistics. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Distribution and Logistics is designed to provide training for entry-level employment in distribution and logistics, This course focuses on the business planning and management aspects of distribution and logistics. To prepare for success, students will learn, reinforce, experience, apply, and transfer their knowledge and skills related to distribution and logistics.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student identifies concepts related to cultural diversity. The student is expected to:(A) identify similarities and differences in international cultures;(B) explain the variety of world markets; and(C) describe marketing factors and practices that impact other cultures.(2) The student describes the historical, current, and future significance of the distribution and logistics industries. The student is expected to:(A) define terms associated with the distribution and logistics industries;(B) identify the scope of the distribution and logistics industries and the industries' effect on society;(C) identify significant historical and current issues in the distribution and logistics industries;(D) identify potential future scenarios for the distribution and logistics industries;(E) describe how emerging technology and globalization impacts the distribution and logistics industries; and(F) compare and contrast issues affecting the distribution and logistics industries such as international trade, employment, safety, and environmental issues.(3) The student explains the distribution and logistics industries at local, state, national, and international levels. The student is expected to:(A) identify reasons for world trade and globalization;(B) identify the political impact of distribution and logistics;(C) review regulations and major laws to evaluate their impact on the distribution and logistics industries;(D) read appropriate written material to stay abreast of current issues;(E) use critical-thinking skills to identify and organize alternatives and evaluate public policy issues; and(F) evaluate performance and contract compliance of contractors and service providers.(4) The student demonstrates appropriate personal and communication skills. The student is expected to:(A) describe and apply workplace ethical and legal responsibilities;(B) define the uses of proper etiquette and behavior;(C) identify appropriate personal appearance and health habits;(D) practice written and oral communication skills and employ effective listening skills;(E) comprehend technical reading materials common to the distribution and logistics industries;(F) employ sound writing and preparation skills for prepared and extemporaneous oral presentations, including presentations of technical information; and(G) demonstrate speaking skills.(5) The student applies appropriate research methods for distribution and logistics topics. The student is expected to:(A) define major fields of research and development;(B) demonstrate proficiency in using a variety of resources for both research and development; and(C) describe the scientific method of research.(6) The student applies problem-solving, mathematical, and organizational skills to maintain financial and logistical records. The student is expected to:(A) discuss project proposals;(B) develop and maintain records;(C) collect and organize data in graphs, tables, charts, and plots;(D) analyze and interpret data from graphs, tables, charts, and plots;(E) maintain appropriate financial records such as journals, inventories, income and expense logs, and financial statements and balance sheets;(F) conduct formative, summative, and financial analyses of project learning objectives and records in order to problem-solve for the future;(G) review commercial driver license (CDL) preparation guidelines; and(H) explain CDL guidelines in preparation for testing.(7) The student uses information technology tools to access, manage, and create information. The student is expected to:(A) use personal management software, email applications, and Internet applications;(B) use word-processing, database, spreadsheet, and presentation software;(C) use collaborative or virtual meeting software;(D) use and explain the benefits of Geographic Information Systems (GIS) and Global Positioning Systems (GPS) hardware and applications; (E) use computer-based equipment to manage human resources and physical assets;(F) use technology applications such as barcode systems to identify and track goods and shipments; and(G) use mobile applications such as GPS to track goods and shipments.(8) The student uses data to optimize distribution and logistics business operations such as storage, distribution routes, equipment, and human resources. The student is expected to:(A) use data to identify areas of operation that need improvement to optimize business operations;(B) identify alternative processes and procedures to improve and optimize business operations; and(C) make data-based decisions on optimizing storage space and distribution routes.(9) The student assesses and implements methods to reduce sources of workplace hazards common in the industry in order to promote a safe and accident-free work environment. The student is expected to:(A) identify, assess, and control hazards to maintain safe and healthy working conditions;(B) state the role and summarize the benefits of each component in a health, safety, and environmental management system;(C) demonstrate emergency procedures to reduce and mitigate workplace accidents;(D) perform tool, equipment, facility, and personal protective equipment audits and inspections;(E) identify rules and laws designed to promote safety and health in the workplace; and(F) demonstrate knowledge of first aid and cardiopulmonary resuscitation procedures and proper use of safety equipment.(10) The student examines the planning, preparation, processing, handling, and storing of goods and materials in warehouses and distribution centers. The student is expected to:(A) determine risks or damage from normal rigors such as compression, shock, drop, moisture, corrosion, vibration, temperature, and motion during transportation and handling;(B) discuss the transporting and handling of hazardous materials;(C) explain size, weight, and shape requirements for packaging;(D) discuss handling, storage, and shipping methods for various types of packaging and warehouse and shipping providers;(E) assess requirements for various packaging types;(F) analyze visual design and appearance requirements, including displaying required documentation, handling information, and warnings;(G) create layout plans for processing incoming and outgoing, cross-docking, and storage of products;(H) evaluate material handling and storage equipment;(I) assess the processing of incoming goods and materials using standard industry protocols and procedures; and(J) examine equipment and staffing requirements and develop traffic management plans and work schedules.(11) The student reviews issues related to interstate and international trade. The student is expected to:(A) define terms commonly used in sales contracts as published by the International Chamber of Commerce;(B) summarize laws and regulations concerning interstate and international trade;(C) explain the role of homeland security in interstate and international trade;(D) evaluate risk factors and social and economic trends such as factors and trends related to risk mitigation, policy change, security, and culture;(E) evaluate documentation and other requirements for interstate and international transportation and logistics; and(F) describe transportation issues such as internal processing, product and supply storage, forecasting, scheduling, cost analysis, documentation confirmation, packing lists, material safety data sheets, product seals, packaging types, packaging labels, and routing issues.</content><note type="source"><p>Source Note: The provisions of this §127.886 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.887"><num value="127.887">§127.887</num><heading>Introduction to Aircraft Technology (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 9-12. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Introduction to Aircraft Technology is designed to teach the theory of operation of aircraft airframes, powerplants, and associated maintenance and repair practices. Maintenance and repair practices include knowledge of the general curriculum subjects, powerplant theory and maintenance, and the function, diagnosis, and service of airframe structures, airframe systems and components, and powerplant systems and components of aircraft. Industry-recognized professional licensures, certifications, and registrations are available for students who meet the requirements set forth by the accrediting organization.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and compare employment opportunities, including entrepreneurship opportunities, and certification requirements for the field of aircraft maintenance and repair;(B) exhibit the ability to cooperate, contribute, and collaborate as a member of a team;(C) identify individual ethical and legal behavior standards according to professional and regulatory agencies;(D) research Federal Aviation Regulations and discuss the impact of the English language proficiency requirements as prescribed by the Federal Aviation Regulations;(E) identify and explain human factors that may impact health and safety in a worksite and how they are addressed by industry standards;(F) explain the role of human factors in maintaining health and safety in the workplace and demonstrate personal responsibility to maintain health and safety in the workplace;(G) identify and explain how employees' personal responsibility and other human factors, including personal attitudes, can affect the success and profitability of a workplace;(H) apply reasoning skills to a variety of simulated workplace situations to make ethical decisions;(I) identify industry standards for employee appearance and health habits;(J) demonstrate appropriate etiquette and behavior;(K) identify and demonstrate effective written and oral communication skills; and(L) identify and demonstrate effective listening skills.(2) The student relates academic skills to the requirements of aircraft maintenance and repair. The student is expected to:(A) demonstrate effective oral and written communication skills with individuals from various cultures such as fellow workers, management, and customers;(B) identify requirements of work orders and technical documents for repairs;(C) locate and interpret documents, including schematics, charts, graphs, drawings, blueprints, wiring diagrams, service-repair manuals, service bulletins, type certificate data sheets, supplemental type certificates, airworthiness directives, federal aviation regulations, and advisory information;(D) demonstrate proficiency in metric and U.S. customary standard measurement systems;(E) perform precision measurements using engineering scales, dial calipers, and Vernier micrometers to determine if a component is within tolerance of specifications; and(F) use critical-thinking and problem-solving skills to identify aircraft maintenance problems and recommend solutions.(3) The student demonstrates an awareness of aviation history. The student is expected to:(A) research and discuss the historical interest in flight;(B) describe early aircraft designs such as lighter-than-air or heavier-than-air designs;(C) research and describe the contributions of various pioneers in aviation history, including Charles Taylor;(D) identify driving forces that provide rapid advancements in aircraft design and performance; and(E) describe the contributions of aviation and aerospace to society.(4) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft maintenance and repair, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify and locate aviation regulations prescribed by 14 Code of Federal Regulations Chapter I that govern mechanic privileges related to the construction, maintenance, and service of aircraft;(B) apply the principles of simple machines, basic aerodynamics, aircraft structures, and theory of flight to accomplish an assigned task;(C) identify aircraft categories such as airplane, rotorcraft, glider, and lighter-than-air in federal aviation regulations;(D) explain the certification process, ratings, privileges, and limitations of airmen;(E) identify and compare airframe construction, including wood structures, metal tubular structures, fabric coverings, sheet metal, and composite structures, and basic repair methods and techniques;(F) identify and explain airframe systems and components, including landing gear, hydraulic power, cabin atmosphere control systems, and electrical systems;(G) describe aircraft reciprocating and turbine engine operating theory, functions, and basic repair methods and techniques;(H) identify and explain powerplant systems and components, including engine instruments, electrical systems, lubrication systems, ignition and starting systems, cooling systems, exhaust systems, and propellers;(I) explain common aircraft terminology and standard practices required to complete maintenance, modifications, and repairs;(J) identify necessary elements of logbook entries and critique sample logbook entries; and(K) describe inspections required to maintain compliance with airworthiness, safety, health, and environmental regulations.(5) The student understands the function and application of the tools, equipment, technologies, and preventative maintenance used in aircraft maintenance and repair. The student is expected to:(A) identify and demonstrate basic skills in safely using hand tools, power tools, and equipment commonly employed in the maintenance and repair of aircraft;(B) research and explain the proper handling and disposal of environmentally hazardous materials used in servicing aircraft;(C) research and describe the impact of new and emerging aircraft technologies; and(D) identify and examine the need for preventative maintenance procedures and practices.(6) The student uses regulatory and industry standards and demonstrates technical knowledge and skills of the trade, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) start and ground operate an aircraft or simulated aircraft using a high-fidelity flight simulator with a physical yoke and pedal device;(B) research and locate appropriate documentation to perform a function in a written work order and complete the required logbook entry;(C) draw top, side, and front views of various aircraft categories, including airplane, rotorcraft, glider, and lighter-than-air;(D) perform basic airframe and engine inspections according to a checklist;(E) use an engine troubleshooting chart to show the results of simple defects on engine performance; and(F) discuss and describe preventative maintenance plans and systems to keep aircraft systems in operation.</content><note type="source"><p>Source Note: The provisions of this §127.887 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.888"><num value="127.888">§127.888</num><heading>Aircraft Airframe Technology (Two Credits), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Aircraft Maintenance Technology. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Aircraft Airframe Technology is designed to teach the theory of operation of aircraft airframes and associated maintenance and repair practices of Federal Aviation Administration (FAA) airframe curriculum subjects utilizing aircraft, aircraft training devices, or equivalent simulated situations. In this course, the academic and technical skills are separated to reflect the learning outcomes as designed in the FAA Airman Certification Standards. Airframe maintenance and repair practices include knowledge of the theory, function, diagnosis, and service of airframe structures, systems, and components of aircraft. Industry-recognized professional licensures, certifications, and registrations are available for students who meet the requirements set forth by the accrediting organization.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(6) The FAA uses standard terms with specific expectations for performance. The terms are defined as follows.(A) Check means to verify proper operation.(B) Inspect means to examine with or without inspection-enhancing tools or equipment.(C) Overhaul means to disassemble, clean, inspect, repair as necessary, and reassemble.(D) Repair means to correct a defective condition.(E) Service means to perform functions that assure continued operation.(F) Troubleshoot means to analyze and identify malfunctions.(7) When a student performs an action, such as checking, inspecting, overhauling, repairing, servicing, troubleshooting, and installing in this course, they are to complete all associated tasks. If an action detects a flaw, defect, or discrepancy in an aircraft or component, that finding could trigger another maintenance action. Actions may include documenting findings through logbook entries, maintenance action forms, installation plans, and work orders.(d) Knowledge and skills.(1) The student demonstrates professional standards, interpersonal communication, and employability skills as required by business and industry. The student is expected to:(A) identify and compare employment opportunities, including entrepreneurship opportunities, and certification requirements for the field of aircraft maintenance and repair;(B) identify and demonstrate ways to contribute and collaborate as an effective member of a team;(C) identify individual ethical and legal behavior standards according to professional and regulatory agencies;(D) research and discuss the impact of the English language proficiency requirements as prescribed by the Federal Aviation Regulations;(E) identify and explain human factors that may impact health and safety in a worksite and how they are addressed by industry standards;(F) explain the role of human factors in maintaining health and safety in the workplace and demonstrate personal responsibility to maintain health and safety in the workplace;(G) identify and explain how employees' personal responsibility and other human factors, including personal attitudes, can affect the success and profitability of a workplace;(H) apply reasoning skills to a variety of simulated workplace situations in order to make ethical decisions;(I) identify industry standards related to employee appearance and health habits;(J) identify and practice effective written and oral communication skills;(K) identify and practice effective listening skills; and(L) define and apply FAA standard terms that have specific expectations for performance, including check, inspect, overhaul, repair, service, and troubleshoot.(2) The student relates academic skills to the requirements of metallic structures. The student is expected to:(A) describe best practices for maintenance safety, including the use of personal protective equipment (PPE), and precautions for sheet metal repairs and fabrication;(B) identify characteristics and types of metallic structures;(C) identify types of sheet metal defects and select sheet metal repair materials;(D) explain inspection and testing processes of metal structures;(E) explain the selection of rivets, hardware, and fasteners for a sheet metal repair per FAA-approved data;(F) explain the layout, forming, and drilling of sheet metal components per FAA-approved data; and(G) explain rivet layout, installation, and removal per FAA-approved data.(3) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for metallic structures utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) install and remove solid rivets such as universal head, countersink head, and blind rivets;(B) create a drawing of a repair, including the number of rivets and size of sheet metal required, utilizing a manufacturer's structural repair manual;(C) design a rivet pattern for a specific repair;(D) determine the applicability of sheet metal for a repair in a specific application;(E) design a repair using a manufacturer's structural repair manual;(F) sketch and build a piece of sheet metal to fit a prepared area; and(G) determine the extent of damage to a metallic structure and decide if it is repairable.(4) The student relates academic skills to the requirements of non-metallic structures. The student is expected to:(A) identify and discuss maintenance safety practices for composite materials, composite structures, and windows;(B) identify and discuss tools, inspection techniques, and practices for wood structures, including determining acceptable and unacceptable wood defects;(C) define and explain covering textile terms;(D) identify and explain commonly used covering methods of attachment, including types of approved aircraft covering material and common stitching seams used with aircraft covering;(E) describe inspection methods for textile aircraft coverings;(F) identify and discuss composite repair methods, techniques, fasteners, and practices;(G) differentiate between composite structure fiber, core, and matrix materials;(H) identify and discuss types of composite structure defects such as delamination, crush core, and surface gouges;(I) identify inspection and testing of composite structures such as tap testing and ultrasonics;(J) research and describe the care and maintenance of windows;(K) research and describe thermoplastic material inspection and types of thermoplastic material defects;(L) research and describe temporary and permanent window repairs; and(M) research and describe inspection of restraints and upholstery.(5) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for non-metallic structures, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect and repair fiberglass, composite, plastic, or glass-laminated structures;(B) clean and inspect acrylic-type windshields;(C) perform a tap test on composite material;(D) locate and explain repair procedures for elongated bolt holes; and(E) perform lay up for a repair to a composite panel, including preparation for vacuum bagging, using a manufacturer's repair manual.(6) The student understands the academic knowledge and skills for flight controls. The student is expected to:(A) identify and compare types of aircraft control cables and control cable maintenance techniques;(B) identify and explain the function of cable connectors, cable guides, and control stops;(C) identify and explain the function of push-pull tubes and torque tubes;(D) identify bellcranks and explain their function;(E) explain the purpose of maintaining a calibration schedule for cable tension meters and other rigging equipment;(F) explain the use and interpretation of cable tensiometer equipment and a cable tension chart;(G) define and explain flutter and flight control balance;(H) identify and explain primary aircraft flight controls, stabilizer systems, and flight control rigging; and(I) identify and explain secondary and auxiliary control surfaces and other aerodynamic wing features.(7) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for flight controls, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify fixed-wing aircraft rigging adjustment locations;(B) inspect and report findings on primary and secondary flight control surfaces;(C) inspect and report findings on primary control cables;(D) adjust and secure a primary flight control cable;(E) adjust push-pull flight control systems;(F) check the balance of a flight control surface and balance a control surface;(G) determine allowable axial play limits for a flight control bearing; and(H) identify and locate appropriate data to verify aircraft flight control travel limits.(8) The student understands the academic knowledge and skills for airframe inspection. The student is expected to:(A) explain the use of inspection requirements under 14 Code of Federal Regulations (CFR) Part 91;(B) discuss maintenance recordkeeping requirements under 14 CFR Part 43;(C) research and describe requirements for complying with airworthiness directives, as found in 14 CFR Part 39;(D) identify and differentiate between FAA-approved data and other data sources such as manufacturer manuals;(E) explain the need for compliance with service letters, service bulletins, instructions for continued airworthiness, and airworthiness directives;(F) explain the purpose and methods of visual inspections;(G) describe the method to select and use checklists and other maintenance publications, including service letters, service bulletins, instructions for continued airworthiness, and airworthiness directives; and(H) describe the importance of maintenance record documentation.(9) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for airframe inspection, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) perform a portion of a 100-hour inspection in accordance with 14 CFR Part 43 such as a records check using the appropriate checklist;(B) enter results of a 100-hour inspection, including airworthy and unairworthy conditions, in a maintenance record; and(C) analyze and inspect applicable equipment and documents to determine compliance with a specific airworthiness directive.(10) The student understands the academic knowledge and skills for landing gear. The student is expected to:(A) identify and discuss safety precautions when using aircraft jacks;(B) identify and discuss safety precautions when working with high pressure fluids and gases;(C) identify and discuss safety precautions in the storage and handling of hydraulic fluids;(D) identify and discuss safety precautions in the operation of retractable landing gear systems around personnel;(E) identify and discuss safety precautions in landing gear, tire, and wheel maintenance operations;(F) describe fixed and retractable landing gear systems and components;(G) explain the necessity of landing gear strut servicing and lubrication;(H) describe and compare the method of inspection of bungee and spring steel landing gear systems;(I) describe and compare aircraft steering systems;(J) explain landing gear position and warning system inspection, check, and servicing;(K) explain brake assembly servicing and inspection; and(L) describe and compare brake actuating systems.(11) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for landing gear, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect and service landing gear such as fixed or retractable systems;(B) jack an aircraft for a gear retraction check;(C) inspect wheels, brakes, bearings, and tires;(D) bleed air from a hydraulic brake system;(E) inspect a tire for defects;(F) replace shock strut air valve;(G) locate and explain the process for checking landing gear alignment;(H) troubleshoot aircraft steering system issues such as nose-wheel shimmy;(I) identify landing gear position and warning system components;(J) troubleshoot landing gear position and warning systems;(K) inspect a brake for serviceability; and(L) inspect tube landing gear for damage.(12) The student understands the academic knowledge and skills for hydraulic and pneumatic systems. The student is expected to:(A) describe hydraulic system components, including reservoirs, filters, hoses, lines, fittings, valves, actuators, accumulators, and pumps;(B) explain the function of hydraulic system components, including reservoirs, filters, hoses, lines, fittings, valves, actuators, accumulators, and pumps;(C) explain hydraulic system operation, inspections, operational checks, servicing, and troubleshooting;(D) describe pneumatic system components, including reservoirs, filters, hoses, lines, fittings, valves, actuators, accumulators, and pumps;(E) explain the function of pneumatic system components, including reservoirs, filters, hoses, lines, fittings, valves, actuators, accumulators, and pumps;(F) explain pneumatic system operation, inspections, operational checks, servicing, and troubleshooting;(G) identify types of hydraulic seals and hydraulic seal fluid compatibility;(H) research and identify the risks associated with high pressure gases and fluids;(I) research and identify the risks of not properly relieving system pressure prior to system servicing;(J) research and identify the risks associated with storage and handling of hydraulic fluids; and(K) research and identify the risks of cross-contamination of hydraulic fluids.(13) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for hydraulic and pneumatic systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify different types of hydraulic fluids;(B) install seals and backup rings in a hydraulic component;(C) remove, clean, inspect, and install a hydraulic system filter;(D) service a hydraulic system reservoir;(E) purge air from a hydraulic system;(F) inspect a hydraulic system and a pneumatic system for leaks;(G) troubleshoot a hydraulic system and a pneumatic system for leaks;(H) locate and explain hydraulic fluid servicing instructions;(I) identify and select hydraulic fluid for a given aircraft; and(J) locate installation procedures for a seal, backup ring, or gasket.(14) The student understands the academic knowledge and skills for environmental systems. The student is expected to:(A) explain the operation and purpose of pressurization systems and bleed air heating systems;(B) explain and compare aircraft instrument cooling methods;(C) differentiate between exhaust heat exchanger system and combustion heater system components, functions, and operations;(D) differentiate between vapor-cycle system and air-cycle system components, function, and operation;(E) explain cabin pressurization systems, components, and operation;(F) differentiate between types of aircraft oxygen systems;(G) differentiate between types of aircraft oxygen system components;(H) identify and assess risks associated with oxygen system maintenance;(I) identify and assess risks associated with the recovery of vapor-cycle refrigerant;(J) identify and assess risks associated with storage, handling, and use of compressed gas cylinders;(K) identify and assess risks associated with disregarding manufacturer's recommended refrigerant servicing procedures; and(L) identify and assess risks associated with maintenance of combustion heaters.(15) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for environment systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect and service an oxygen system;(B) clean and inspect emergency oxygen masks and supply hoses;(C) inspect an oxygen system cylinder for serviceability;(D) locate and describe the procedures to troubleshoot a combustion heater;(E) locate and describe the procedures for servicing a refrigerant (vapor-cycle) system;(F) locate and describe the troubleshooting procedures for an air-cycle system;(G) inspect a cabin heater system equipped with an exhaust heat exchanger for cracks; and(H) locate troubleshooting procedures for a pressurization system.(16) The student understands the academic knowledge and skills for aircraft instrument systems. The student is expected to:(A) describe annunciator indicating systems and define the meaning of warning, caution, and advisory lights;(B) differentiate between fuel quantity indicating systems;(C) differentiate between types of gyroscopic instruments; and(D) explain the function and operation of:(i) magnetic compasses and compass swinging procedures;(ii) pressure and temperature indicating instruments;(iii) position indication sensors and instruments;(iv) engine indication and crew alerting systems;(v) instrument vacuum and pneumatic systems;(vi) pitot-static systems;(vii) electronic displays and flight instrument systems;(viii) transponder and encoder systems;(ix) angle of attack and stall warning systems; and(x) takeoff and landing gear configuration warning systems.(17) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft instrument systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) remove and install an aircraft instrument;(B) determine barometric pressure using an altimeter;(C) verify proper range markings on an instrument for a particular aircraft using approved data;(D) locate the procedures for troubleshooting a vacuum-operated instrument system;(E) identify exhaust gas temperature system components;(F) inspect an aircraft's alternate static air source; and(G) locate and explain the adjustment procedures for a stall warning system.(18) The student understands the academic knowledge and skills for aircraft communication and navigation systems. The student is expected to:(A) describe radio operating principles and radio components;(B) identify and explain mounting requirements of antennas, static discharge wicks, and avionics components;(C) identify the components of communication systems, including very high frequency (VHF), high frequency (HF), satellite communications (SATCOM), and Aircraft Communication Addressing and Reporting System (ACARS);(D) explain the basic operation of communications systems, including VHF, HF, SATCOM, and ACARS;(E) identify the components of emergency locator transmitters (ELT) and explain the basic operation of ELTs;(F) identify the components of navigation systems, including distance measuring equipment (DME), instrument landing system (ILS), global positioning system (GPS), automatic direction finder (ADF), and VHF omnidirectional range (VOR);(G) explain the basic operation of navigation systems, including DME, ILS, GPS, ADF, and VOR;(H) identify the components of collision avoidance systems, including radio altimeter (RA), automatic dependent surveillance-broadcast (ADS-B), traffic collision avoidance systems (TCAS), and ground proximity warning system (GPWS);(I) explain the basic operation of collision avoidance systems, including RA, ADS-B, TCAS, and GPWS;(J) identify the components and explain the basic operation of intercom systems;(K) identify the components and explain the basic operation of weather radar;(L) identify the components and explain the basic operation of autopilot and auto-throttle systems;(M) research and identify the risks of improper ELT testing procedures;(N) research and identify the risks of performing maintenance on high power/high frequency systems such as weather radar and SATCOM systems; and(O) research and identify the risks of improper mounting of antennas.(19) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft communication and navigation systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) locate and explain autopilot inspection procedures;(B) identify navigation and communication antennas;(C) perform an operational check of a VHF communications system;(D) locate proper testing procedures for an ELT, inspect ELT batteries for expiration date, and perform an operational check of an ELT; and(E) locate and explain the installation procedures for antennas, including mounting and coaxial connections.(20) The student understands the academic knowledge and skills for aircraft fuel systems. The student is expected to:(A) identify fuel system types and fuel system components, including filters and selector valves;(B) differentiate between types of aircraft fuel tanks and types of fuel cells;(C) explain fuel flow during fuel transfer, fueling, defueling, and fuel jettisoning;(D) describe characteristics of fuel types;(E) describe fuel system maintenance industry best practices;(F) differentiate between fuel quantity indication methods such as float type, electrical resistance, or visual indicators;(G) research and identify the risks of improper fuel system maintenance;(H) research and identify the risks of fuel system contamination and spills;(I) research and identify the risks of fuel system maintenance requiring fuel tank entry; and(J) research and identify the risks when defueling aircraft.(21) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft fuel systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect a metal, bladder, or integral fuel tank;(B) inspect a fuel selector valve;(C) drain a fuel system sump;(D) service a fuel system strainer; and(E) identify and locate fuel system operating instructions, inspection procedures, crossfeed procedures, required placards, and defueling procedures.(22) The student understands the academic knowledge and skills for aircraft electrical systems. The student is expected to:(A) identify the components of generators, direct current (DC) generation systems, and DC power distribution systems;(B) explain the basic operation of generators, DC generation systems, and DC power distribution systems;(C) identify the components of alternators, alternating current (AC) generation systems, and AC power distribution systems;(D) explain the basic operation of alternators, AC generation systems, and AC power distribution systems;(E) identify the components and explain the basic operation of voltage regulators, over-volt protection, and overcurrent protection;(F) identify the components and explain the basic operation of inverter systems;(G) explain aircraft wiring size and type selection criteria;(H) explain the purpose of aircraft wiring shielding;(I) explain the purpose of aircraft bonding and lightning protection;(J) describe basic electrical system troubleshooting practices;(K) identify soldering preparation techniques, types of solder, and flux usage;(L) identify types of aircraft electrical connectors, splices, terminals, and switches;(M) describe methods of aircraft battery troubleshooting and maintenance;(N) research and identify the risks of testing electrical systems, including energized and non-energized systems;(O) research and identify the risks of connecting and disconnecting external power;(P) research and identify the risks of maintenance in areas containing aircraft wiring;(Q) research and identify the risks of improperly routing and securing wires and wire bundles;(R) research and identify the risks of improper selection or installation of wire terminals; and(S) research and identify the risks of improper soldering practices.(23) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft electrical systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect aircraft wiring installation and routing;(B) perform wire terminating and splicing;(C) identify components using a wiring circuit diagram;(D) connect aircraft wires using a solder joint;(E) troubleshoot a simple airframe electrical circuit;(F) install bonding jumpers to electrically connect two isolated components;(G) measure the resistance of an electrical system component;(H) inspect and test anti-collision, position, and landing lights for proper operation;(I) identify components in an electrical schematic where AC is rectified to a DC voltage;(J) perform a continuity test to verify the condition of a conductor; and(K) perform a test on a conductor for a short to ground.(24) The student understands the academic knowledge and skills for ice and rain control systems. The student is expected to:(A) explain causes and effects of aircraft icing;(B) identify the components of ice detection systems, aircraft anti-ice systems, and de-ice systems;(C) explain the basic operation of ice detection systems, aircraft anti-ice systems, and de-ice systems;(D) explain wind screen rain control systems, including wiper blade, chemical, and pneumatic bleed air systems;(E) research and identify the risks of improper ice and rain control system testing or maintenance;(F) research and identify the risks of improper storage and handling of deicing fluids; and(G) research and identify the risks of improper selection and use of cleaning materials for heated windshields.(25) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft electrical systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) clean a pneumatic deicer boot;(B) locate and explain the procedures for inspecting an electrically operated windshield wiper system;(C) locate and explain the procedures for replacing blades on a windshield wiper system; and(D) locate and explain the procedures for inspecting a pneumatic rain removal system.(26) The student understands the academic knowledge and skills for airframe fire protection systems. The student is expected to:(A) explain types of fires and aircraft fire zones;(B) identify the components and explain the basic operation of overheat detection and warning systems;(C) identify the components and explain the basic operation of fire detection and warning systems;(D) identify the components and explain the basic operation of smoke and carbon monoxide detection systems;(E) describe types of fire extinguishing systems and extinguishing agents;(F) research and identify the risks of maintenance on circuits associated with fire bottle squibs;(G) research and explain the use of PPE when working on or testing fire extinguishing systems; and(H) explain the risks of exposure to fire extinguishing agents.(27) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for airframe fire protection systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) evaluate an installed fire extinguisher system for proper container pressure;(B) locate and explain the procedures for checking a smoke detection system;(C) locate and explain the procedures for inspecting an overheat detection system; and(D) inspect fire protection system cylinders and check for hydrostatic test date.(28) The student understands the academic knowledge and skills for rotorcraft fundamentals. The student is expected to:(A) explain the characteristics of rotorcraft aerodynamics and flight controls;(B) identify the components and explain the function of rotorcraft transmissions;(C) explain the need for rigging requirements for rotary wing aircraft;(D) identify rotor systems, rotor blade functions, and rotor blade construction;(E) explain the need for helicopter skid shoe and tube inspections;(F) explain causes of rotor system and drive system vibrations;(G) explain the purpose of rotor blade track and balance;(H) research and identify the risks of working around helicopter blades during ground operations;(I) research and identify the risks of improper ground-handling procedures;(J) research and identify the risks of ground operations and functional tests; and(K) research and identify the risks of improper maintenance of rotorcraft systems and components.(29) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for rotorcraft fundamentals, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify components of a helicopter rotor system;(B) identify and locate helicopter rotor blade track and balance procedures;(C) identify and locate procedures needed to rig helicopter controls; and(D) identify and locate procedures to track and balance a rotor system.(30) The student understands the academic knowledge and skills for water and waste systems. The student is expected to:(A) identify the components and explain the basic operation of potable water systems;(B) identify the components and explain the basic operation of lavatory waste systems;(C) describe servicing requirements for water and waste systems; and(D) research and identify the need for PPE to reduce the risks associated with servicing lavatory waste systems.(31) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for water and waste systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) locate and explain the procedures for servicing a lavatory waste system; and(B) locate and explain the procedures for servicing a potable water system.</content><note type="source"><p>Source Note: The provisions of this §127.888 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.889"><num value="127.889">§127.889</num><heading>Aircraft Powerplant Technology (Two Credits), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisite: Aircraft Maintenance Technology. Students shall be awarded two credits for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Aircraft Powerplant Technology is designed to teach the theory of operation of aircraft powerplants and associated maintenance and repair practices of the Federal Aviation Administration (FAA) powerplant curriculum subjects utilizing aircraft, aircraft training devices, or equivalent simulated situations. In this course, the academic and technical skills are separated to reflect the learning outcomes as designed in the FAA Airman Certification Standards. Powerplant maintenance and repair practices include knowledge of the theory, function, diagnosis, and service of powerplants, systems, and components of aircraft. Industry-recognized professional licensures, certifications, and registrations are available for students who meet the requirements set forth by the accrediting organization.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(6) The FAA uses standard terms with specific expectations for performance. The terms are defined as follows.(A) Check means to verify proper operation.(B) Inspect means to examine with or without inspection enhancing tools or equipment.(C) Overhaul means to disassemble, clean, inspect, repair as necessary, and reassemble.(D) Repair means to correct a defective condition.(E) Service means to perform functions that assure continued operation.(F) Troubleshoot means to analyze and identify malfunctions.(7) When a student performs an action, such as checking, inspecting, overhauling, repairing, servicing, troubleshooting, and installing in this course, they are to complete all associated tasks. If an action detects a flaw, defect, or discrepancy in an aircraft or component, that finding could trigger another maintenance action. Actions may include documenting findings through logbook entries, maintenance action forms, installation plans, and work orders.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) identify and compare employment opportunities, including entrepreneurship opportunities, and certification requirements for the field of aircraft maintenance;(B) identify and demonstrate ways to contribute and collaborate as an effective member of a team;(C) identify individual ethical and legal behavior standards according to professional and regulatory agencies;(D) research and discuss the impact of the English language proficiency requirements as prescribed by the Federal Aviation Regulations;(E) identify and explain human factors that may impact health and safety in a worksite as addressed by industry standards;(F) explain the role of human factors in maintaining health and safety in the workplace and demonstrate personal responsibility to maintain health and safety in the workplace;(G) identify and explain how employees' personal responsibility attitudes can affect the success and profitability of a workplace;(H) apply reasoning skills to a variety of simulated workplace situations in order to make ethical decisions;(I) identify standards of industry related to employee appearance and health habits;(J) identify and practice effective written and oral communication skills;(K) identify and practice effective listening skills; and(L) define and apply FAA standard terms that have specific expectations for performance, including check, inspect, overhaul, repair, service, and troubleshoot.(2) The student relates academic skills to the requirements of reciprocating engines. The student is expected to:(A) identify the components and types of reciprocating internal combustion aircraft engines, including inline, opposed, V-type, and radial engines;(B) explain the operational theory of reciprocating internal combustion aircraft engines, including inline, opposed, V-type, and radial engines;(C) explain the purpose and methods of reciprocating engine preservation;(D) explain the purpose and methods of reciprocating engine maintenance and inspection;(E) locate and explain the procedures for reciprocating engine ground operations;(F) identify the components and explain the basic operation of diesel engines;(G) explain the basic operational theory of diesel engines;(H) research and identify the risks of maintenance that requires moving the propeller;(I) research and identify the risks of ground operating a reciprocating engine;(J) research and identify the actions necessary in the event of a reciprocating engine fire; and(K) research and identify the risks in not using the manufacturer's procedures during maintenance.(3) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for reciprocating engines, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) perform and document findings from a cylinder assembly inspection;(B) operate and troubleshoot a reciprocating engine;(C) install a wrist pin in a piston;(D) identify the parts of a cylinder and a crankshaft;(E) identify and inspect bearings found in reciprocating engines; and(F) inspect and rig cable and push-pull engine controls.(4) The student relates academic skills to the requirements of turbine engines. The student is expected to:(A) identify the components and types of turbine engines;(B) explain the basic operational theory of turbine engines;(C) explain the purpose and methods of monitoring turbine engine performance;(D) explain the purpose and methods of turbine engine troubleshooting, maintenance, and inspection;(E) research and explain the causes of turbine engine performance loss;(F) explain the basic operational theory of bleed air systems;(G) explain the purpose and methods of turbine engine preservation;(H) explain the theory and application of auxiliary power units;(I) research and identify the risks of turbine engine operation;(J) research and identify the risks of performing maintenance on a turbine engine;(K) research and identify the actions necessary in the event of a turbine engine fire; and(L) research and identify the risks of foreign object damage (FOD) to turbine engines.(5) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for turbine engines, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify different turbine compressors;(B) identify different types of turbine engine blades;(C) identify components of turbine engines;(D) map airflow direction and pressure changes in turbine engines;(E) identify and locate the procedures for the adjustment of a fuel control unit;(F) identify and locate the installation or removal procedures for a turbine engine;(G) identify damaged turbine engine blades; and(H) analyze causes for turbine engine performance loss.(6) The student relates academic skills to the requirements of engine inspection. The student is expected to:(A) explain the purpose of inspection requirements under 14 Code of Federal Regulations (CFR) Part 43 and 14 CFR Part 91;(B) explain the purpose and methods of identification of life-limited parts and life-limited parts replacement intervals;(C) explain the purpose and types of special inspections such as sudden engine stoppage, hard landings, and foreign object debris (FOD) ingestion;(D) explain the purpose of using FAA-approved data;(E) explain the importance of compliance with service letters, service bulletins, instructions for continued airworthiness, airworthiness directives (AD), and Type Certificate Data Sheets (TCDS);(F) explain the purpose of maintenance recordkeeping requirements under 14 CFR Part 43;(G) explain the purpose of engine component inspection, checking, and servicing;(H) explain the importance of inspecting engine mounts and mounting hardware;(I) research and identify the risks of performing a compression test on a reciprocating engine; and(J) research and identify the risks of performing maintenance on an operating reciprocating engine and a turbine engine.(7) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for engine inspection, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) evaluate a powerplant for compliance with FAA-approved or manufacturer data;(B) perform a powerplant records inspection;(C) inspect a powerplant for compliance with applicable ADs;(D) determine powerplant installation eligibility in accordance with the TCDS;(E) inspect engine controls for proper operation and adjustment;(F) inspect an aircraft engine accessory for serviceability;(G) inspect engine records for time or cycles on life-limited parts;(H) perform an engine start and inspect engine operational parameters; and(I) inspect an engine mount to determine serviceability.(8) The student relates academic skills to the requirements of engine instrument systems. The student is expected to:(A) identify the components of engine instrument systems, including fuel flow, temperature, engine speed, pressure, torque meter, engine pressure ratio (EPR), engine indicating and crew alerting system (EICAS), and electronic centralized aircraft monitor (ECAM);(B) explain the operational theory of engine instrument systems, including fuel flow, temperature, engine speed, pressure, torque meter, EPR, EICAS, and ECAM;(C) describe the types of annunciator indicators and the functions of annunciator indicating systems;(D) define the meaning of annunciator indicating system warning, caution, and advisory lights;(E) identify the components and explain the operational theory of full authority digital engine controls (FADEC);(F) explain the purpose and methods of marking engine instrument ranges;(G) research and identify the risks of damaging instrument systems or indicating systems during maintenance; and(H) research and identify the risks of inaccurate engine instrument calibration or inaccurate instrument readings.(9) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for engine inspection, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) remove, inspect, and install a fuel-flow transmitter;(B) remove, inspect, and install a fuel-flow gauge;(C) identify components of an electric tachometer system;(D) inspect tachometer markings for accuracy;(E) locate procedures for troubleshooting a turbine EPR system;(F) inspect exhaust gas temperature (EGT) probes;(G) locate and inspect engine low fuel pressure warning system components; and(H) troubleshoot an EGT indicating system.(10) The student relates academic skills to the requirements of engine fire protection systems. The student is expected to:(A) identify types of fires such as electrical, structural, and petroleum-based fires and explain the purpose of engine fire zones;(B) identify the components and explain the basic operation of fire detection warning systems;(C) explain the purpose of fire detection system maintenance and inspection requirements;(D) identify fire extinguishing agents and types of fire extinguishing systems;(E) explain the purpose and methods of fire extinguishing system maintenance and inspection;(F) research and identify the risks of container discharge cartridges;(G) research and identify the risks of extinguishing agents; and(H) research and identify the risks of maintenance on circuits associated with electrically activated container discharge cartridges.(11) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for engine fire protection systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify fire detection sensing units;(B) locate troubleshooting procedures for a fire detection system;(C) inspect fire extinguisher discharge circuit;(D) check operation of fire warning press-to-test and troubleshoot faults; and(E) identify continuous-loop fire detection system components.(12) The student relates academic skills to the requirements of engine electrical systems. The student is expected to:(A) identify the components of engine electrical systems, including alternating current generators, direct current generators, alternators, starter generators, voltage regulators, overvoltage protection, and overcurrent protection;(B) explain the operational theory of engine electrical systems, including alternating current generators, direct current generators, alternators, starter generators, voltage regulators, overvoltage protection, and overcurrent protection;(C) explain the procedure for locating the correct electrical wire size needed to fabricate a wire;(D) explain the purpose of engine electrical wiring, switches, and protective devices;(E) research and identify the risks of reversing polarity when performing electrical system maintenance;(F) research and identify the actions necessary in response to a warning or caution annunciator light;(G) research and identify the risks of performing maintenance on energized aircraft systems; and(H) research and identify the risks of improper routing and securing wiring near flammable fluid lines.(13) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for engine electrical systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect engine electrical wiring, switches, cable, and protective devices;(B) analyze the suitability of a replacement component by part number;(C) troubleshoot a direct-drive electric starter system;(D) select the appropriate wire size for engine electrical system;(E) repair a broken engine electrical system wire;(F) troubleshoot an electrical system using a schematic or wiring diagram;(G) fabricate a bonding jumper; and(H) inspect engine electrical connectors.(14) The student relates academic skills to the requirements of engine lubrication systems. The student is expected to:(A) describe types, grades, and uses of engine oil;(B) identify the components and explain the basic operation of lubrication systems, including wet-sumps and dry-sumps;(C) explain the purpose of chip detectors;(D) explain the purpose and methods of lubrication system maintenance, inspection, servicing, and analysis;(E) explain the causes of excessive aircraft engine oil consumption;(F) research and identify the risks of mixing engine oils;(G) research and identify the risks in not using the manufacturer's recommendations regarding the use of engine lubricants; and(H) research and identify the risks of improper handling, storage, and disposal of used lubricating oil.(15) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for engine lubrication systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect an oil cooler or oil lines;(B) identify the correct type of oil for a specific engine;(C) identify approved oils for different climatic temperatures;(D) identify and locate procedures for obtaining oil samples;(E) inspect an oil filter or screen based on industry standards;(F) identify oil system components;(G) replace an oil system component;(H) identify oil system flow through the engine;(I) troubleshoot an engine oil pressure malfunction;(J) troubleshoot an engine oil temperature system; and(K) identify types of metal found in an oil filter.(16) The student relates academic skills to the requirements of ignition and starting systems. The student is expected to:(A) identify the components of ignition systems, including spark plugs, shower of sparks, magnetos, impulse couplings, solid-state ignitions, and FADECs;(B) explain the operational theory of ignition systems and components, including spark plugs, shower of sparks, magnetos, impulse couplings, solid-state ignitions, and FADECs;(C) identify the components and explain the basic operation of engine starters;(D) identify the components and explain the basic operation of turbine engine ignition systems;(E) research and identify the risks of advanced and retarded ignition timing on piston engines;(F) research and identify the risks of maintenance on engines with capacitor discharge ignition systems; and(G) research and identify the risks of working around reciprocating engines with an ungrounded magneto.(17) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for ignition and starting systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) remove, clean, inspect, and install a spark plug;(B) inspect an electrical starting system;(C) troubleshoot an electrical starting system;(D) troubleshoot an ignition switch circuit;(E) identify the correct spark plugs used for replacement installation; and(F) identify the correct igniter plug on a turbine engine.(18) The student relates academic skills to the requirements of engine fuel and fuel metering systems. The student is expected to:(A) explain the purpose of proper fuel to air ratios and fuel metering;(B) identify the components, basic operation, and adjustment of fuel metering systems, including float carburetor, pressure carburetor, continuous-flow fuel injection, FADEC, and hydromechanical fuel control;(C) explain the purpose and basic operation of fuel heaters, lines, pumps, valves, filters, and drains;(D) explain the basic operation of fuel nozzles and manifolds;(E) identify the components and explain the basic operation of turbine engine fuel metering systems;(F) locate and explain inspection requirements for an engine fuel system;(G) explain fuel system operation;(H) research and identify the risks of adjusting turbine engine fuel controls;(I) research and identify the risks of adjusting reciprocating engine fuel controls;(J) research and identify the risks of handling fuel metering system components or fuel control units that may contain fuel; and(K) research and identify the risks of fuel system maintenance.(19) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for engine fuel and fuel metering systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify carburetor components;(B) identify fuel and air flow through a float-type carburetor;(C) remove and install a carburetor main metering jet;(D) inspect the needle, seat, and float level on a float-type carburetor;(E) adjust carburetor idle speed and mixture;(F) research and locate procedures for a turbine engine revolutions per minute overspeed inspection;(G) research and locate procedures for adjusting a hydromechanical fuel control unit;(H) explain procedures for removing and installing a turbine engine fuel control unit;(I) identify components of an engine fuel system;(J) identify fuel selector placards;(K) inspect engine fuel system fluid lines and components;(L) locate the procedures for troubleshooting a turbine engine fuel heater system; and(M) inspect fuel selector valve.(20) The student relates academic skills to the requirements of reciprocating engine induction and cooling systems. The student is expected to:(A) identify the components and explain the theory of operation of reciprocating engine induction and cooling systems;(B) explain the causes and effects of induction system icing;(C) identify the components and explain the theory of superchargers, supercharger controls, turbochargers, turbocharger controls, and intercoolers;(D) identify the components and explain the theory of augmenter cooling systems;(E) identify the components and explain the theory of induction system filtering and carburetor heaters;(F) research and identify the risks of maintenance on turbochargers;(G) research and identify the risks of ground operation of aircraft engines;(H) research and identify the risks of maintenance-related foreign object debris and foreign object damage; and(I) research and identify the risks of chemicals used in liquid cooling systems.(21) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for reciprocating engine induction and cooling systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) inspect a carburetor heat system;(B) inspect an alternate air valve for proper operation;(C) inspect an induction system drain for proper operation;(D) service an induction air filter;(E) inspect an induction system for obstruction;(F) inspect an air intake manifold for leaks;(G) locate the proper specifications for coolant used in a liquid-cooled engine;(H) inspect reciprocating engine cooling ducting and baffle seals for damage;(I) identify components of a turbocharger induction system;(J) identify exhaust augmenter-cooled engine components;(K) inspect and repair a cylinder baffle;(L) inspect a cowl flap system for normal operation; and(M) inspect cylinder cooling fins for damage.(22) The student relates academic skills to the requirements of turbine engine air systems. The student is expected to:(A) identify the components and explain the operational theory of air cooling systems, turbine engine induction systems, turbine engine bleed air systems and turbine engine anti-ice systems;(B) explain the purpose and theory of turbine engine cowling air flow and turbine engine internal cooling;(C) identify the components and purpose of turbine engine baffle and methods of seal installation;(D) identify and explain the purpose of turbine engine insulation blankets and shrouds;(E) research and identify the risks of maintenance on compressor bleed air systems; and(F) research and identify the risks of ground operation of aircraft engines following other than manufacturer's instructions.(23) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for turbine engine air systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify location of turbine engine insulation blankets;(B) identify turbine engine cooling air flow;(C) inspect rigid or flexible turbine engine cooling ducting or baffle seals; and(D) identify turbine engine ice and rain protection system components.(24) The student relates academic skills to the requirements of engine exhaust and reverser systems. The student is expected to:(A) identify the components of reciprocating engine exhaust systems, turbine engine exhaust systems, noise suppression systems, and thrust reversers;(B) explain the operational theory of reciprocating engine exhaust systems, turbine engine exhaust systems, noise suppression systems, and thrust reversers;(C) research and identify the risks of maintenance and inspection of exhaust system components;(D) research and identify the risks of operating reciprocating engines with exhaust systems leaks and exhaust system failures; and(E) research and identify the risks of ground operation of aircraft engines.(25) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for engine exhaust and reverser systems, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify the type of exhaust system on a particular aircraft;(B) inspect exhaust system;(C) locate and explain procedures for testing and troubleshooting a turbine thrust reverser system; and(D) perform a pressure leak check of a reciprocating engine exhaust system.(26) The student relates academic skills to the requirements of propellers. The student is expected to:(A) explain the theory and operation of propellers;(B) identify types of propellers and blade design;(C) explain the theory and operation of constant speed propellers, pitch control systems, and propeller governors;(D) explain the theory and operation of turbine engine propeller beta range operation;(E) explain the purpose and methods of propeller servicing, maintenance, and inspections;(F) identify and locate procedures for removal and installation of a propeller;(G) explain the purpose of propeller TCDS;(H) explain the theory and operation of propeller synchronization systems and propeller ice control systems; and(I) research and identify the risks of propeller ground operation, maintenance, and inspections.(27) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for propellers, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) check blade static tracking;(B) inspect a propeller for condition and airworthiness;(C) measure propeller blade angle;(D) locate and explain the procedures for balancing a fixed-pitch propeller;(E) identify propeller range of operation; and(F) determine what minor propeller alterations are acceptable using the propeller specifications, TCDS, and listings.</content><note type="source"><p>Source Note: The provisions of this §127.889 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.890"><num value="127.890">§127.890</num><heading>Aircraft Maintenance Technology (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 9-12. Recommended prerequisites: Introduction to Aircraft Technology. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Aircraft Maintenance Technology is designed to teach the theory of operation, general maintenance, and repair practices of Federal Aviation Administration (FAA) general curriculum subjects utilizing aircraft, aircraft training devices, or equivalent simulated situations. In this course, the academic and technical skills are separated to reflect the learning outcomes as designed in the FAA airman certification standards. Maintenance and repair practices include knowledge of the function, diagnosis, and service of aircraft and their associated equipment. Industry-recognized professional licensures, certifications, and registrations are available for students who meet the requirements set forth by the accrediting organization.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(6) The FAA uses standard terms with specific expectations for performance. The terms are defined as follows.(A) Check means to verify proper operation.(B) Inspect means to examine with or without inspection enhancing tools or equipment.(C) Overhaul means to disassemble, clean, inspect, repair as necessary, and reassemble.(D) Repair means to correct a defective condition.(E) Service means to perform functions that assure continued operation.(F) Troubleshoot means to analyze and identify malfunctions.(7) When a student performs an action, such as checking, inspecting, overhauling, repairing, servicing, troubleshooting, and installing in this course, they are to complete all associated tasks. If an action detects a flaw, defect, or discrepancy in an aircraft or component, that finding could trigger another maintenance action. Actions may include documenting findings through logbook entries, maintenance action forms, installation plans, and work orders.(d) Knowledge and skills.(1) The student demonstrates professional standards, interpersonal communication, and employability skills as required by business and industry. The student is expected to:(A) identify employment opportunities, including entrepreneurship opportunities, and certification requirements for the field of aircraft maintenance and repair;(B) identify and demonstrate ways to contribute and collaborate as an effective member of a team;(C) identify individual ethical and legal behavior standards according to professional and regulatory agencies;(D) research and discuss the impact of the English language proficiency requirements as prescribed by the Federal Aviation Regulations;(E) identify and explain the technical knowledge and skills related to human factors in health and safety in the worksite as addressed by industry standards;(F) explain the role of human factors in maintaining health and safety in the workplace and demonstrate personal responsibility to maintain health and safety in the worksite;(G) identify and explain how employees' personal responsibility attitudes can affect the success and profitability of a worksite;(H) apply reasoning skills to a variety of workplace situations to make ethical decisions;(I) identify industry standards related to employee appearance and health habits;(J) practice effective written and oral communication skills;(K) identify and practice effective listening skills; and(L) define and apply FAA standard terms that have specific expectations for performance, including check, inspect, overhaul, repair, service, and troubleshoot.(2) The student relates academic skills to the requirements of human factors. The student is expected to:(A) describe safety culture and organizational structures in the work environment;(B) identify and explain types of human error and human factor principles;(C) identify and discuss the chain-of-events theory, including pre-conditions and conditions for unsafe acts;(D) identify and discuss the 12 common causes of mistakes in the aviation workplace; and(E) research and discuss the purpose of safety management systems in the aviation workplace.(3) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for human factors, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) complete and submit a malfunction and defect report; and(B) research and report on information regarding human factor errors.(4) The student relates academic skills to the requirements of aviation mathematics. The student is expected to:(A) perform algebraic operations involving addition, subtraction, multiplication, and division, using positive and negative numbers;(B) determine areas and volumes of various geometric shapes;(C) solve ratio, proportion, and percentage problems; and(D) extract roots and raise numbers to a given power.(5) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aviation mathematics, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) compute the volume of a shape such as a baggage compartment, a fuel tank, or an engine cylinder;(B) compute the area of an aircraft wing;(C) convert between fractions and decimals;(D) compute torque value conversions between inch-pounds and foot-pounds; and(E) compute the compression ratio of a reciprocating engine cylinder.(6) The student relates academic skills to the requirements of fundamentals of electricity and electronics. The student is expected to:(A) explain electron theory, including magnetism, capacitance, induction, direct current electrical circuits, and alternating current electrical circuits;(B) explain electrical theories and laws, including Ohm's Law, Kirchhoff's Law, Watt's Law, Faraday's Law, Lenz's Law, and right-hand rule;(C) identify and explain electrical measurement principles and related tools and procedures for measuring voltage, current, resistance, and power;(D) compare types of batteries; and(E) compare series circuits and parallel circuits.(7) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for fundamentals of electricity and electronics, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) use multimeters to perform circuit continuity tests, test a switch and fuse, and measure voltage, current, and resistance;(B) interpret aircraft electrical circuit diagrams and symbols;(C) inspect and service an aircraft battery; and(D) identify faults in circuits by using appropriate troubleshooting techniques.(8) The student relates academic skills to the requirements of physics for aviation. The student is expected to:(A) explain the theory of flight, including lift, weight, thrust, and drag, as related to Bernoulli's Principle, Newton's Laws of Motion, and fluid mechanics;(B) describe the function and operation of aircraft flight controls and additional aerodynamic devices, including vortex generators, wing fences, and stall strips; and(C) analyze and compare standard atmospheric factors affecting atmospheric conditions, including the relationship between temperature, density, weight, and volume.(9) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for physics for aviation, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) determine density and pressure altitude;(B) identify changes to pressure and velocity of a fluid as it passes through a venturi;(C) calculate force, area, and pressure for a given scenario related to aircraft maintenance; and(D) calculate the lift of an aircraft and determine if the aircraft will climb, descend, or maintain altitude given its weight.(10) The student relates academic skills to the requirements of weight and balance. The student is expected to:(A) describe the purpose of weighing an aircraft and determining the aircraft's center of gravity;(B) explain the procedures for weighing an aircraft, including the general preparation for weighing, with emphasis on aircraft weighing area considerations;(C) explain the procedures for calculating center of gravity, including arm, positive and negative moment, center of gravity, and moment index; and(D) explain adverse loading considerations, proper empty weight configuration, and ballast placement.(11) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for weight and balance, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) calculate aircraft weight and balance, including equipment changes, empty weight, and empty weight center of gravity; and(B) locate datum, weight and balance information, placarding, and limitation requirements for an aircraft in an appropriate reference such as the type certificate data sheet.(12) The student relates academic skills to the requirements of aircraft drawings. The student is expected to:(A) identify and use aircraft drawing terminology; and(B) interpret aircraft drawings, blueprints, sketches, charts, graphs, and system schematics related to repairs, alterations, and inspections.(13) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft drawings, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify and describe the meaning of lines and symbols used in an aircraft drawing;(B) interpret dimensions used in an aircraft drawing;(C) identify changes to aircraft drawings; and(D) identify material requirements indicated by an aircraft drawing.(14) The student relates academic skills to the requirements of regulations, forms, and publications. The student is expected to:(A) identify recency of experience requirements, the privileges and limitations of mechanic certificates, and how to reestablish privileges once they are lost;(B) define maintenance terminology as defined in 14 Code of Federal Regulations (CFR) Part 1, including time in service, maintenance, preventive maintenance, major alteration, major repair, minor alteration, and minor repair;(C) describe requirements for maintenance record entries for approval for return to service after maintenance, alterations, and inspections;(D) identify compliance requirements for manufacturer-specified maintenance methods, techniques, practices, and inspection intervals;(E) explain FAA-approved maintenance data, including maintenance manuals and other methods acceptable by the administrator; and(F) describe mechanic change of address notification procedures.(15) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for regulations, forms, and publications, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) evaluate a 100-hour inspection aircraft maintenance record entry for accuracy;(B) locate applicable FAA aircraft specifications and FAA Type Certificate Data Sheets (TCDS) for an aircraft or component;(C) determine the conformity of aircraft instrument range markings and placarding;(D) use a manufacturer's illustrated parts catalog to locate specific part numbers for aircraft parts such as door handles, rudder pedals, or seat latches;(E) determine whether a given repair or alteration is major or minor; and(F) explain the difference between approved data such as data required for major repairs or alterations and acceptable data such as data required for minor repairs or alterations.(16) The student relates academic skills to the requirements of fluid lines and fittings. The student is expected to:(A) identify rigid tubing and flexible hose materials, applications, sizes, and fittings;(B) describe rigid tubing and flexible hose fabrication, installation, and inspection techniques;(C) explain the importance of properly using a torque wrench and torque seal when securing fluid hose and line fittings; and(D) analyze and describe the risks associated with high-pressure hydraulic system configuration prior to and during maintenance.(17) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for fluid lines and fittings, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) fabricate and install a rigid line with a flare and a bend;(B) fabricate and install a flexible hose; and(C) perform a rigid line and flexible hose inspection.(18) The student relates academic skills to the requirements of aircraft materials, hardware, and processes. The student is expected to:(A) identify and describe material markings and hardware markings commonly used in aircraft;(B) compare suitability and compatibility of materials and hardware used for maintenance;(C) explain forces placed on aircraft materials, including tension, compression, torsion, bending, strain, and shear;(D) identify safety wire and safety clip requirements and techniques;(E) identify cotter pin requirements and techniques;(F) describe precision measurement tools, principles, and procedures;(G) explain soldering preparation, types of solder, and flux usage;(H) analyze torquing tools, principles, and procedures and the relationship between torque and fastener preload; and(I) differentiate between the characteristics of acceptable and unacceptable welds.(19) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for aircraft materials, hardware, and processes, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) select aircraft materials and hardware such as bolts, turnbuckles, washers, and rivets based on manufacturer's markings appropriate for a specific scenario;(B) install safety wire on hardware such as nuts, bolts, and turnbuckles;(C) install cotter pins on hardware such as nuts and bolts;(D) check for proper calibration of a precision-measurement tool and record precision measurements with an instrument that has a Vernier scale;(E) determine required torque values and properly torque aircraft hardware; and(F) inspect welds and differentiate between acceptable and unacceptable welds.(20) The student relates academic skills to the requirements of ground operations and servicing. The student is expected to:(A) describe proper towing and securing procedures for aircraft using approved data;(B) describe proper aircraft ground servicing, including oil, oxygen, hydraulic, pneumatic, and deicing systems and fueling and defueling procedures;(C) differentiate between characteristics of aviation gasoline, turbine fuels, and fuel additives;(D) explain engine starting, ground operation, and aircraft taxiing procedures;(E) explain airport operation area procedures and air traffic control communications, including runway incursion prevention;(F) identify the types and classes of fire extinguishers;(G) analyze the importance of proper tool and hardware use and accountability;(H) describe the need for proper material handling and parts protection;(I) identify hazardous materials, locate the appropriate safety data sheet (SDS), and select the indicated personal protection equipment (PPE); and(J) analyze and describe the potential effects of foreign object damage (FOD) on aircraft.(21) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for ground operations and servicing, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) perform a foreign object damage (FOD) control procedure;(B) connect external power to an aircraft;(C) prepare an aircraft for towing;(D) use appropriate hand signals for the movement of aircraft;(E) identify different grades of aviation fuel and select an approved fuel for an aircraft;(F) prepare an aircraft for fueling and inspect an aircraft fuel system for water and foreign object debris (FOD) contamination;(G) follow a checklist to start up or shut down an aircraft reciprocating or turbine engine;(H) identify procedures for extinguishing fires in an engine induction system;(I) secure an aircraft by locating and following the correct procedures for a turbine-powered aircraft after engine shutdown; and(J) locate and explain procedures for securing a turbine-powered aircraft after engine shutdown.(22) The student relates academic skills to the requirements of cleaning and corrosion control. The student is expected to:(A) explain the need for aircraft cleaning procedures;(B) explain corrosion theory, including types and effects of corrosion, corrosion-prone areas in aircraft, and corrosion preventive maintenance procedures;(C) describe corrosion identification and inspection techniques, corrosion removal and treatment procedures, the selection of optimal corrosion preventive compounds (CPC), and the frequency of corrosion treatment;(D) describe the use of high-pressure application equipment;(E) identify and discuss the effects of improper use of cleaners on aluminum or composite materials;(F) explain accelerated corrosion caused by dissimilar metals and the role of protective barriers, including conversion coatings, materials used for protection of airframe structures, and primer materials, to mitigate this risk;(G) identify topcoat materials and discuss concerns regarding surface preparation for a desired finishing material, effects of ambient conditions on finishing materials, and effects of improper surface preparation on finishing materials; and(H) identify health concerns when using paints, solvents, and finishing materials and processes, including the use of PPE.(23) The student uses regulatory and industry standards and demonstrates technical knowledge and skills for cleaning and corrosion control, utilizing aircraft, aircraft training devices, or equivalent simulated situations. The student is expected to:(A) identify types of protective finishes;(B) inspect finishes for corrosion and identify, select, and use aircraft corrosion prevention and cleaning materials; and(C) apply aircraft corrosion prevention and coating materials.</content><note type="source"><p>Source Note: The provisions of this §127.890 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.920"><num value="127.920">§127.920</num><heading>Advanced Transportation Systems Laboratory (One Credit), Adopted 2024</heading><content>(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2025-2026 school year.(b) General requirements. This course is recommended for students in Grades 11 and 12 as a corequisite course for students participating in a coherent sequence of career and technical education courses in the Transportation, Distribution, and Logistics Career Cluster. This course provides an enhancement opportunity for students to develop the additional skills necessary to pursue industry certification. Recommended prerequisite: a minimum of one credit from the courses in the Transportation, Distribution, and Logistics Career Cluster. Corequisites: Automotive Technology II: Automotive Service, Diesel Equipment Technology II, Collision Repair, Paint and Refinishing, Aircraft Airframe Technology, Aircraft Maintenance Technology, or Aircraft Powerplant Technology. This course must be taken concurrently with a corequisite course and may not be taken as a stand-alone course. Districts are encouraged to offer this lab in a consecutive block with the corequisite course to allow students sufficient time to master the content of both courses. Students shall be awarded one credit for successful completion of this course.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Advanced Transportation Systems Laboratory provides the opportunity to extend knowledge of the major transportation systems and the principles of diagnosing and servicing these systems. Topics in this course may include alternative fuels such as hybrid, bio diesel, hydrogen, compressed natural gas (CNG), liquidized natural gas (LNG), propane, and solar; total electric vehicles and power trains; advanced transportation systems such as collision avoidance, telematics, vehicle stability control, navigation, vehicle-to-vehicle communications; and other technologies. This study will allow students to have an increased understanding of science, technology, engineering, and mathematics in all aspects of these systems. This will reinforce, apply, and transfer academic knowledge and skills to a variety of relevant activities, problems, and settings.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other leadership or extracurricular organizations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards/employability skills as required by business and industry. The student is expected to:(A) demonstrate knowledge of the technical knowledge and skills related to health and safety in the workplace such as safety glasses and other personal protective equipment (PPE) and safety data sheets (SDS);(B) identify employment opportunities, including entrepreneurship opportunities and internships, and industry-recognized certification requirements in the transportation field of study;(C) demonstrate the principles of group participation, team concept, and leadership related to citizenship and career preparation;(D) apply competencies related to resources, information, interpersonal skills, problem solving, critical thinking, and systems of operation in the transportation industry;(E) discuss certification opportunities;(F) discuss response plans to emergency situations;(G) identify employers' expectations and appropriate work habits, ethical conduct, legal responsibilities, and good citizenship skills; and(H) develop personal goals, objectives, and strategies as part of a plan for future career and educational opportunities.(2) The student demonstrates an understanding of the technical knowledge and skills that form the core of knowledge of transportation services. The student is expected to:(A) extend knowledge of new and emerging transportation technologies related to the corequisite course and its industry such as hybrid, avionics, unmanned aerial systems, collision avoidance, and light duty diesel systems;(B) demonstrate advanced technical skills related to the corequisite course and its industry;(C) demonstrate an understanding of the use of advanced tools and equipment; and(D) demonstrate an understanding of research and development in the transportation industry of the corequisite course.(3) The student develops an elevated aptitude for the essential knowledge and skills listed for the corequisite course. The student is expected to:(A) demonstrate deeper understanding of the corequisite course;(B) develop hands-on skills at an industry-accepted standard; and(C) exhibit progress toward achieving industry-recognized documentation of specific expertise in a transportation field or skill.</content><note type="source"><p>Source Note: The provisions of this §127.920 adopted to be effective September 9, 2024, 49 TexReg 6994.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.921"><num value="127.921">§127.921</num><heading>Practicum in Transportation Systems (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Transportation, Distribution, and Logistics Career Cluster. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Practicum in Transportation Systems is designed to give students supervised practical application of knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience such as internships, mentorships, independent study, or laboratories. The Practicum can be either school lab based or worked based.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student demonstrates professional standards as required by business and industry. The student is expected to:(A) adhere to policies and procedures;(B) demonstrate positive work attitudes and behaviors, including demonstrating punctuality, time management, initiative, and cooperation;(C) accept constructive criticism;(D) apply ethical reasoning to a variety of situations in order to make ethical decisions;(E) complete tasks with the highest standards to ensure quality products and services;(F) model professional appearance, including using appropriate dress, grooming, and personal protective equipment; and(G) comply with safety rules and regulations to maintain safe and healthy working conditions and environments in the practicum setting.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) analyze elements of a problem to develop creative and innovative solutions;(B) critically analyze information to determine its relevance to the problem-solving task;(C) compare and contrast alternatives using a variety of problem-solving and critical-thinking skills; and(D) conduct technical research to gather information necessary for decision making.(3) The student demonstrates leadership and teamwork skills in collaborating with others to accomplish goals and objectives. The student is expected to:(A) analyze leadership characteristics related to trusting others, maintaining a positive attitude and integrity, and accepting key responsibilities in a work situation;(B) demonstrate teamwork skills through working cooperatively with others to achieve tasks;(C) demonstrate teamwork processes that promote team building, consensus, continuous improvement, respect for the opinions of others, cooperation, adaptability, and conflict resolution;(D) demonstrate responsibility for group and individual work tasks;(E) establish and maintain effective working relationships in order to accomplish objectives and tasks;(F) demonstrate effective working relationships using interpersonal skills;(G) use positive interpersonal skills to work cooperatively with others;(H) negotiate effectively to arrive at decisions;(I) demonstrate respect for individuals, including those from different cultures, genders, and backgrounds; and(J) demonstrate sensitivity to and value for diversity.(4) The student demonstrates oral and written communication skills in creating, expressing, and interpreting information and ideas, including technical terminology and information. The student is expected to:(A) demonstrate the use of content, technical concepts, and vocabulary when analyzing information and following directions;(B) employ verbal skills when obtaining and conveying information;(C) use informational texts, Internet websites, and technical materials to review and apply information sources for occupational tasks;(D) evaluate the reliability of information from informational texts, Internet websites, and technical materials and resources;(E) interpret verbal and nonverbal cues or behaviors to enhance communication;(F) apply active listening skills to obtain and clarify information; and(G) use academic skills to facilitate effective written and oral communication.(5) The student demonstrates technical knowledge and skills required to pursue a career in the transportation systems. The student is expected to:(A) develop advanced technical knowledge and skills related to the student's personal career goals;(B) evaluate technical skill proficiencies; and(C) accept critical feedback provided by the supervisor.(6) The student documents technical knowledge and skills. The student is expected to:(A) update a professional portfolio to include information such as:(i) attainment of technical skill competencies, licensures or certifications, recognitions, awards, and scholarships;(ii) extended learning experiences such as community service and active participation in career and technical student organizations and professional organizations;(iii) abstract of technical competencies mastered during the practicum;(iv) resume;(v) samples of work; and(vi) evaluation from the practicum supervisor; and(B) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.921 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.922"><num value="127.922">§127.922</num><heading>Extended Practicum in Transportation Systems (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Transportation, Distribution, and Logistics Career Cluster. Corequisite: Practicum in Transportation Systems. This course must be taken concurrently with Practicum in Transportation Systems and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance. (3) Extended Practicum in Transportation Systems is designed to give students supervised practical application of knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience such as internships, mentorships, independent study, or laboratories. Extended Practicum in Transportation Systems can be either school lab based or worked based. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations; (C) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(D) apply active listening skills to obtain and clarify information.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of a problem to develop creative and innovative solutions; and(C) demonstrate the use of content, technical concepts, and vocabulary when analyzing information and following directions.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) understand and consistently follow workplace safety rules and regulations, including Occupational Safety and Health Administration regulations; and(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in transportation systems. The student is expected to: (A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; and (C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a transportation systems experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised transportation systems experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate growth of technical skill competencies;(D) evaluate strengths and weaknesses in technical skill proficiency; and(E) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.922 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.923"><num value="127.923">§127.923</num><heading>Practicum in Distribution and Logistics (Two Credits), Adopted 2015</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the distribution and logistics industry. Students shall be awarded two credits for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills.(c) Introduction.(1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions.(2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance.(3) Practicum in Distribution and Logistics is designed to give students supervised practical application of knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience such as internships, mentorships, independent study, or laboratories. The Practicum can be either school lab based or work based.(4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations.(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(d) Knowledge and skills.(1) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) analyze elements of a problem to develop creative and innovative solutions;(B) critically analyze information to determine its relevance to the problem-solving task;(C) compare and contrast alternatives using a variety of problem-solving and critical-thinking skills; and(D) conduct technical research to gather information necessary for decision making.(2) The student demonstrates leadership and teamwork skills in collaborating with others to accomplish goals and objectives. The student is expected to:(A) analyze leadership characteristics related to trusting others, maintaining a positive attitude and integrity, and accepting key responsibilities in a work situation;(B) demonstrate teamwork skills through working cooperatively with others to achieve tasks;(C) demonstrate teamwork processes that promote team building, consensus, continuous improvement, respect for the opinions of others, cooperation, adaptability, and conflict resolution;(D) demonstrate responsibility for group and individual work tasks;(E) establish and maintain effective working relationships in order to accomplish objectives and tasks;(F) demonstrate effective working relationships using interpersonal skills;(G) use positive interpersonal skills to work cooperatively with others;(H) negotiate effectively to arrive at decisions;(I) demonstrate respect for individuals, including those from different cultures, genders, and backgrounds; and(J) demonstrate sensitivity to and value for diversity.(3) The student demonstrates oral and written communication skills in creating, expressing, and interpreting information and ideas, including technical terminology and information. The student is expected to:(A) demonstrate the use of content, technical concepts, and vocabulary when analyzing information and following directions;(B) employ verbal skills when obtaining and conveying information;(C) use informational texts, Internet websites, and technical materials to review and apply information sources for occupational tasks;(D) evaluate the reliability of information from informational texts, Internet websites, and technical materials and resources;(E) interpret verbal and nonverbal cues or behaviors to enhance communication;(F) apply active listening skills to obtain and clarify information; and(G) use academic skills to facilitate effective written and oral communication.(4) The student demonstrates technical knowledge and skills required to pursue a career in the distribution and logistics industries. The student is expected to:(A) develop advanced technical knowledge and skills related to the student's personal career goals;(B) evaluate technical skill proficiencies; and(C) accept critical feedback provided by the supervisor.(5) The student documents technical knowledge and skills. The student is expected to:(A) update a professional portfolio to include information such as:(i) attainment of technical skill competencies, licensures or certifications, recognitions, awards, and scholarships;(ii) extended learning experiences such as community service and active participation in career and technical student organizations and professional organizations;(iii) abstract of technical competencies mastered during the practicum;(iv) resume;(v) samples of work; and(vi) evaluation from the practicum supervisor; and(B) present the portfolio to interested stakeholders.</content><note type="source"><p>Source Note: The provisions of this §127.923 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c127/scP/s127.924"><num value="127.924">§127.924</num><heading>Extended Practicum in Distribution and Logistics (One Credit), Adopted 2015.</heading><content>(a) Implementation. (1) The provisions of this section shall be implemented by school districts beginning with the 2017-2018 school year.(2) School districts shall implement the employability skills student expectations listed in §127.15(d)(2) of this chapter (relating to Career and Technical Education Employability Skills) as an integral part of this course.(b) General requirements. This course is recommended for students in Grades 11 and 12. The practicum course is a paid or unpaid capstone experience for students participating in a coherent sequence of career and technical education courses in the Transportation, Distribution, and Logistics Career Cluster. Corequisite: Practicum in Distribution and Logistics. This course must be taken concurrently with Practicum in Distribution and Logistics and may not be taken as a stand-alone course. Students shall be awarded one credit for successful completion of this course. A student may repeat this course once for credit provided that the student is experiencing different aspects of the industry and demonstrating proficiency in additional and more advanced knowledge and skills. (c) Introduction. (1) Career and technical education instruction provides content aligned with challenging academic standards and relevant technical knowledge and skills for students to further their education and succeed in current or emerging professions. (2) The Transportation, Distribution, and Logistics Career Cluster focuses on planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water and related professional support services such as transportation infrastructure planning and management, logistics services, mobile equipment, and facility maintenance. (3) Extended Practicum in Distribution and Logistics is designed to give students supervised practical application of knowledge and skills. Practicum experiences can occur in a variety of locations appropriate to the nature and level of experience such as internships, mentorships, independent study, or laboratories. Extended Practicum in Distribution and Logistics can be either school lab based or work based. (4) Students are encouraged to participate in extended learning experiences such as career and technical student organizations and other organizations that foster leadership and career development in the profession such as student chapters of related professional associations. (5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (d) Knowledge and skills. (1) The student implements advanced professional communications strategies. The student is expected to: (A) demonstrate verbal and non-verbal communication consistently in a clear, concise, and effective manner;(B) analyze, interpret, and effectively communicate information, data, and observations; (C) observe and interpret verbal and nonverbal cues and behaviors to enhance communication; and(D) apply active listening skills to obtain and clarify information.(2) The student applies concepts of critical thinking and problem solving. The student is expected to:(A) employ critical-thinking skills with increased fluency both independently and in groups to solve problems and make decisions;(B) analyze elements of a problem to develop creative and innovative solutions; and(C) demonstrate the use of content, technical concepts, and vocabulary when analyzing information and following directions.(3) The student understands and applies proper safety techniques in the workplace. The student is expected to:(A) understand and consistently follow workplace safety rules and regulations, including Occupational Safety and Health Administration regulations; and(B) demonstrate knowledge of procedures for reporting and handling accidents and safety incidents.(4) The student understands the professional, ethical, and legal responsibilities in distribution and logistics systems. The student is expected to: (A) demonstrate a positive, productive work ethic by performing assigned tasks as directed;(B) apply ethical reasoning to a variety of situations in order to make ethical decisions; and (C) comply with all applicable rules, laws, and regulations in a consistent manner.(5) The student participates in a distribution and logistics experience. The student is expected to: (A) conduct, document, and evaluate learning activities in a supervised distribution and logistics experience; (B) develop advanced technical knowledge and skills related to the student's occupational objective;(C) demonstrate growth of technical skill competencies;(D) evaluate strengths and weaknesses in technical skill proficiency; and(E) collect representative work samples.</content><note type="source"><p>Source Note: The provisions of this §127.924 adopted to be effective August 1, 2025, 50 TexReg 4421.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c128"><num value="128">CHAPTER 128</num><heading>TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SPANISH LANGUAGE ARTS AND READING AND ENGLISH AS A SECOND LANGUAGE</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c128/scA"><num value="A">SUBCHAPTER A</num><heading>ELEMENTARY</heading><section identifier="/us/state/tx/tac/t19/p2/c128/scA/s128.1"><num value="128.1">§128.1</num><heading>Implementation of Texas Essential Knowledge and Skills for Spanish Language Arts and Reading, Elementary, Adopted 2017</heading><content>(a) The provisions of this section and §§128.2-128.7 of this title shall be implemented by school districts.(b) No later than August 31, 2018, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for Spanish language arts and reading as adopted in §§128.2-128.7 of this title.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§128.2-128.7 of this title shall be implemented beginning with the 2019-2020 school year and apply to the 2019-2020 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§128.2-128.7 of this title shall be implemented for the following school year.</content><note type="source"><p>Source Note: The provisions of this §128.1 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scA/s128.2"><num value="128.2">§128.2</num><heading>Spanish Language Arts and Reading, Kindergarten, Adopted 2017</heading><content>(a) Introduction.(1) The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) reflect language arts standards that are authentic to the Spanish language and Spanish literacy; they are neither translations nor modifications of the English language arts TEKS. The Spanish language arts and reading TEKS embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for Spanish language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Spanish, as opposed to English, has a closer letter-sound relationship and clearly defined syllable boundaries. The syllable in Spanish is a more critical unit of phonological awareness than in English because of the consistent phoneme-grapheme correspondence. Syllables are important units for Spanish because of their strong effect in visual word recognition (Carreiras et al., 1993) and their major role in predicting Spanish reading success. In addition, Spanish presents a much higher level of orthographic transparency than English and does not rely on sight words for decoding. This orthographic transparency accelerates the decoding process, and the focus quickly moves to fluency and comprehension. However, in English sight words are used because of words that are not decodable such as "are" or "one." In Spanish, decoding issues are not as prevalent as issues of comprehension. These specific features of the Spanish language will influence reading methodology and development.(4) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(5) Research consistently shows that language and literacy development in the student's native language not only facilitates learning English and English literacy, but is foundational to cognitive development and learning (Cummins, 2001; Thomas & Collier, 2002; Coelho, 2001). Emergent bilinguals (Sparrow et al., 2014; Slavin & Cheving, 2013) are students who are in the process of acquiring two or more linguistic codes, becoming bilingual, biliterate, and bicultural. Emergent bilinguals are often defined by their perceived deficits (semilinguals) (Escamilla, 2012). However, research has shown that bilinguals develop a unique interdependent system (Escamilla et al. 2007; Grosjean, 1989; Valdes and Figueroa, 1994) in which languages interconnect to increase linguistic functionality. This linguistic interdependence of language acquisition facilitates a transfer of literacy skills from the primary language (L1) to the second language (L2) (August & Shanahan, 2006; Bialystok, 2007; Miramontes, et al., 1997). The strength of learning through formal instruction in Spanish determines the extent of transfer to English (August, Calderon, & Carlo, 2002; Slavin & Calderon, 2001; Garcia, 2001). For transfer to be maximized, cross-linguistic connections between the two languages must be explicitly taught while students engage in a contrastive analysis of the Spanish and English languages (Cummins, 2007). Continued strong literacy development in Spanish provides the foundation and scaffold for literacy development given that a Common Underlying Proficiency (CUP) exists between the two languages (Cummins, 1991). Consequently, direct and systematic instruction (Genesee et al., 2005) in the appropriate sequence of Spanish skills with early English as a second language-based literacy instruction is critical to student success. As a result of working within two language systems, students' metalinguistic and metacognitive skills are enhanced when they learn about the similarities and differences between languages (Escamilla et. al., 2014). The extent to which English and Spanish are used is reliant on the type of bilingual program model being used (see Texas Education Code, §29.066).(6) English language learners (ELLs) are expected to meet standards in a second language, and their proficiency in English directly impacts their ability to meet these standards. The comprehension of text throughout the stages of English language acquisition requires scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected oral and written discourse so that it is meaningful.(7) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(8) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively and ask questions to understand information and answer questions using multi-word responses;(B) restate and follow oral directions that involve a short, related sequence of actions;(C) share information and ideas by speaking audibly and clearly using the conventions of language;(D) work collaboratively with others by following agreed-upon rules for discussion, including taking turns; and(E) develop social communication such as introducing himself/herself, using common greetings, and expressing needs and wants.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate phonological awareness by:(i) identifying and producing rhyming words;(ii) recognizing spoken alliteration or groups of words that begin with the same simple syllable or initial sound;(iii) identifying the individual words in a spoken sentence;(iv) identifying syllables in spoken words;(v) blending syllables to form multisyllabic words;(vi) segmenting multisyllabic words into syllables;(vii) identifying initial and final sounds in simple words;(viii) blending spoken phonemes to form syllables; and(ix) manipulating syllables within a multisyllabic word;(B) demonstrate and apply phonetic knowledge by:(i) identifying and matching the common sounds that letters represent;(ii) using letter-sound relationships to decode one- and two-syllable words and multisyllabic words, including CV, VC, CCV, CVC, VCV, CVCV, CCVCV, and CVCCV;(iii) decoding words with silent h and consonant digraphs such as /ch/, /rr/, and /ll/; and(iv) recognizing that new words are created when syllables are changed, added, or deleted;(C) demonstrate and apply spelling knowledge by:(i) spelling common letter and sound correlations; and(ii) spelling words with common syllabic patterns such as CV, VC, CCV, CVC, VCV, CVCV, CCVCV, and CVCCV;(D) demonstrate print awareness by:(i) identifying the front cover, back cover, and title page of a book;(ii) holding a book right side up, turning pages correctly, and knowing that reading moves from top to bottom and left to right with return sweep;(iii) recognizing that sentences are comprised of words separated by spaces and recognizing word boundaries;(iv) recognizing the difference between a letter and a printed word; and(v) identifying all uppercase and lowercase letters; and(E) develop handwriting by accurately forming all uppercase and lowercase letters using appropriate directionality.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use a resource such as a picture dictionary or digital resource to find words;(B) use illustrations and texts the student is able to read or hear to learn or clarify word meanings; and(C) identify and use words that name actions; directions; positions; sequences; categories such as colors, shapes, and textures; and locations.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and interact independently with text for increasing periods of time.(5) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts with adult assistance;(B) generate questions about text before, during, and after reading to deepen understanding and gain information with adult assistance;(C) make and confirm predictions using text features and structures with adult assistance;(D) create mental images to deepen understanding with adult assistance;(E) make connections to personal experiences, ideas in other texts, and society with adult assistance;(F) make inferences and use evidence to support understanding with adult assistance;(G) evaluate details to determine what is most important with adult assistance;(H) synthesize information to create new understanding with adult assistance; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, checking for visual cues, and asking questions when understanding breaks down with adult assistance.(6) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources;(B) provide an oral, pictorial, or written response to a text;(C) use text evidence to support an appropriate response;(D) retell texts in ways that maintain meaning;(E) interact with sources in meaningful ways such as illustrating or writing; and(F) respond using newly acquired vocabulary as appropriate.(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) discuss topics and determine the basic theme using text evidence with adult assistance;(B) identify and describe the main character(s);(C) describe the elements of plot development, including the main events, the problem, and the resolution, for texts read aloud with adult assistance; and(D) describe the setting.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, fairy tales, and nursery rhymes;(B) discuss rhyme and rhythm in nursery rhymes and a variety of poems;(C) discuss main characters in drama;(D) recognize characteristics and structures of informational text, including:(i) the central idea and supporting evidence with adult assistance;(ii) titles and simple graphics to gain information; and(iii) the steps in a sequence with adult assistance;(E) recognize characteristics of persuasive text with adult assistance and state what the author is trying to persuade the reader to think or do; and(F) recognize characteristics of multimodal and digital texts.(9) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) discuss with adult assistance the author's purpose for writing texts;(B) discuss with adult assistance how the use of text structure contributes to the author's purpose;(C) discuss with adult assistance the author's use of print and graphic features to achieve specific purposes;(D) discuss with adult assistance how the author uses words that help the reader visualize; and(E) listen to and experience first- and third-person texts.(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan by generating ideas for writing through class discussions and drawings;(B) develop drafts in oral, pictorial, or written form by organizing ideas;(C) revise drafts by adding details in pictures or words;(D) edit drafts with adult assistance using standard Spanish conventions, including:(i) complete sentences;(ii) verbs, including the difference between ser and estar;(iii) singular and plural nouns, including gender-specific articles;(iv) adjectives, including articles;(v) prepositions;(vi) pronouns, including personal, and the difference in the use of formal pronoun usted and informal pronoun tú;(vii) capitalization of the first letter in a sentence and names;(viii) punctuation marks at the end of declarative sentences; and(ix) correct spelling of words with grade-appropriate orthographic patterns and rules; and(E) share writing.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) dictate or compose literary texts, including personal narratives; and(B) dictate or compose informational texts.(12) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions for formal and informal inquiry with adult assistance;(B) develop and follow a research plan with adult assistance;(C) gather information from a variety of sources with adult assistance;(D) demonstrate understanding of information gathered with adult assistance; and(E) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.2 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scA/s128.3"><num value="128.3">§128.3</num><heading>Spanish Language Arts and Reading, Grade 1, Adopted 2017</heading><content>(a) Introduction.(1) The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) reflect language arts standards that are authentic to the Spanish language and Spanish literacy; they are neither translations nor modifications of the English language arts TEKS. The Spanish language arts and reading TEKS embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for Spanish language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Spanish, as opposed to English, has a closer letter-sound relationship and clearly defined syllable boundaries. The syllable in Spanish is a more critical unit of phonological awareness than in English because of the consistent phoneme-grapheme correspondence. Syllables are important units for Spanish because of their strong effect in visual word recognition (Carreiras et al., 1993) and their major role in predicting Spanish reading success. In addition, Spanish presents a much higher level of orthographic transparency than English and does not rely on sight words for decoding. This orthographic transparency accelerates the decoding process, and the focus quickly moves to fluency and comprehension. However, in English sight words are used because of words that are not decodable such as "are" or "one." In Spanish, decoding issues are not as prevalent as issues of comprehension. These specific features of the Spanish language will influence reading methodology and development.(4) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(5) Research consistently shows that language and literacy development in the student's native language not only facilitates learning English and English literacy, but is foundational to cognitive development and learning (Cummins, 2001; Thomas & Collier, 2002; Coelho, 2001). Emergent bilinguals (Sparrow et al., 2014; Slavin & Cheving, 2013) are students who are in the process of acquiring two or more linguistic codes, becoming bilingual, biliterate, and bicultural. Emergent bilinguals are often defined by their perceived deficits (semilinguals) (Escamilla, 2012). However, research has shown that bilinguals develop a unique interdependent system (Escamilla et al. 2007; Grosjean, 1989; Valdes and Figueroa, 1994) in which languages interconnect to increase linguistic functionality. This linguistic interdependence of language acquisition facilitates a transfer of literacy skills from the primary language (L1) to the second language (L2) (August & Shanahan, 2006; Bialystok, 2007; Miramontes, et al., 1997). The strength of learning through formal instruction in Spanish determines the extent of transfer to English (August, Calderon, & Carlo, 2002; Slavin & Calderon, 2001; Garcia, 2001). For transfer to be maximized, cross-linguistic connections between the two languages must be explicitly taught while students engage in a contrastive analysis of the Spanish and English languages (Cummins, 2007). Continued strong literacy development in Spanish provides the foundation and scaffold for literacy development given that a Common Underlying Proficiency (CUP) exists between the two languages (Cummins, 1991). Consequently, direct and systematic instruction (Genesee et al., 2005) in the appropriate sequence of Spanish skills with early English as a second language-based literacy instruction is critical to student success. As a result of working within two language systems, students' metalinguistic and metacognitive skills are enhanced when they learn about the similarities and differences between languages (Escamilla et. al., 2014). The extent to which English and Spanish are used is reliant on the type of bilingual program model being used (see Texas Education Code, §29.066).(6) English language learners (ELLs) are expected to meet standards in a second language, and their proficiency in English directly impacts their ability to meet these standards. The comprehension of text throughout the stages of English language acquisition requires scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected oral and written discourse so that it is meaningful.(7) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(8) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and answer questions using multi-word responses;(B) follow, restate, and give oral instructions that involve a short, related sequence of actions;(C) share information and ideas about the topic under discussion, speaking clearly at an appropriate pace and using the conventions of language;(D) work collaboratively with others by following agreed-upon rules for discussion, including listening to others, speaking when recognized, and making appropriate contributions; and(E) develop social communication such as introducing himself/herself and others, relating experiences to a classmate, and expressing needs and feelings.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate phonological awareness by:(i) producing a series of rhyming words;(ii) recognizing spoken alliteration or groups of words that begin with the same simple syllable or initial sound;(iii) recognizing the change in spoken word when a specified syllable is added, changed, or removed;(iv) segmenting spoken words into individual syllables;(v) blending spoken complex syllables, including sílabas trabadas, to form multisyllabic words;(vi) segmenting spoken words into syllables, including words with sílabas trabadas; and(vii) manipulating syllables within words;(B) demonstrate and apply phonetic knowledge by:(i) identifying and matching sounds to individual letters;(ii) decoding words with sílabas trabadas such as /bla/, /bra/, and /gla/; digraphs; and words with multiple sound spelling patterns such as c, k, and q and s, z, soft c, and x;(iii) decoding words with silent h and words that use the syllables que-, qui-, gue-, gui-, güe-, and güi-;(iv) decoding words with diphthongs such as /ai/, /au/, and /ei/;(v) decoding contractions such as al and del;(vi) decoding three- to four-syllable words;(vii) using knowledge of base words to decode common compound words; and(viii) decoding words with common prefixes and suffixes;(C) demonstrate and apply spelling knowledge by:(i) spelling common letter and sound correlations;(ii) spelling words with common patterns such as CV, VC, CCV, CVC, VCV, CVCV, CCVCV, and CVCCV;(iii) spelling words with silent h; consonant digraphs such as /ch/, /rr/, and /ll/; and sílabas trabadas such as /bla/, /bra/, /gla/, and /gra/;(iv) spelling multisyllabic words, including words with que-, qui-, gue-, gui-, güe-, and güi-;(v) spelling contractions such as al and del;(vi) spelling words with diphthongs such as /ai/, /au/, and /ie/ as in quie-ro, na-die, and ra-dio and hiatus such as le-er and río; and(vii) spelling words with common prefixes and suffixes;(D) demonstrate print awareness by identifying the information that different parts of a book provide;(E) alphabetize a series of words to the first or second letter and use a dictionary to find words; and(F) develop handwriting by printing words, sentences, and answers legibly leaving appropriate spaces between words.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use a resource such as a picture dictionary or digital resource to find words;(B) use illustrations and texts the student is able to read or hear to learn or clarify word meanings;(C) identify the meaning of words with affixes, including -s, -es, and -or; and(D) identify and use words that name actions, directions, positions, sequences, categories, and locations.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and interact independently with text for increasing periods of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts with adult assistance;(B) generate questions about text before, during, and after reading to deepen understanding and gain information with adult assistance;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures with adult assistance;(D) create mental images to deepen understanding with adult assistance;(E) make connections to personal experiences, ideas in other texts, and society with adult assistance;(F) make inferences and use evidence to support understanding with adult assistance;(G) evaluate details to determine what is most important with adult assistance;(H) synthesize information to create new understanding with adult assistance; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, checking for visual cues, and asking questions when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources;(B) write brief comments on literary or informational texts;(C) use text evidence to support an appropriate response;(D) retell texts in ways that maintain meaning;(E) interact with sources in meaningful ways such as illustrating or writing; and(F) respond using newly acquired vocabulary as appropriate.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) discuss topics and determine theme using text evidence with adult assistance;(B) describe the main character(s) and the reason(s) for their actions;(C) describe plot elements, including the main events, the problem, and the resolution, for texts read aloud and independently; and(D) describe the setting.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, fairy tales, and nursery rhymes;(B) discuss rhyme, rhythm, repetition, and alliteration in a variety of poems;(C) discuss elements of drama such as characters and setting;(D) recognize characteristics and structures of informational text, including:the central idea and supporting evidence with adult assistance;features and simple graphics to locate or gain information; andorganizational patterns such as chronological order and description with adult assistance;(i) (ii) (iii) (E) recognize characteristics of persuasive text with adult assistance and state what the author is trying to persuade the reader to think or do; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) discuss the author's purpose for writing text;(B) discuss how the use of text structure contributes to the author's purpose;(C) discuss with adult assistance the author's use of print and graphic features to achieve specific purposes;(D) discuss how the author uses words that help the reader visualize; and(E) listen to and experience first- and third-person texts.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by generating ideas for writing such as by drawing and brainstorming;(B) develop drafts in oral, pictorial, or written form by:(i) organizing with structure; and(ii) developing an idea with specific and relevant details;(C) revise drafts by adding details in pictures or words;(D) edit drafts using standard Spanish conventions, including:(i) complete sentences with subject-verb agreement;(ii) past and present verb tense, including the difference between ser and estar;(iii) singular, plural, common, and proper nouns, including gender-specific articles;(iv) adjectives, including articles;(v) adverbs that convey time;(vi) prepositions;(vii) pronouns, including the use of personal and possessive pronouns, and the difference in the use of formal pronoun usted and informal pronoun tú;(viii) capitalization for the beginning of sentences;(ix) punctuation marks at the end of declarative sentences and at the beginning and end of exclamatory and interrogative sentences; and(x) correct spelling of words with grade-appropriate orthographic patterns and rules with adult assistance; and(E) publish and share writing.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) dictate or compose literary texts, including personal narratives and poetry;(B) dictate or compose informational texts, including procedural texts; and(C) dictate or compose correspondence such as thank you notes or letters.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions for formal and informal inquiry with adult assistance;(B) develop and follow a research plan with adult assistance;(C) identify and gather relevant sources and information to answer the questions with adult assistance;(D) demonstrate understanding of information gathered with adult assistance; and(E) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.3 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scA/s128.4"><num value="128.4">§128.4</num><heading>Spanish Language Arts and Reading, Grade 2, Adopted 2017</heading><content>(a) Introduction.(1) The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) reflect language arts standards that are authentic to the Spanish language and Spanish literacy; they are neither translations nor modifications of the English language arts TEKS. The Spanish language arts and reading TEKS embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for Spanish language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Spanish, as opposed to English, has a closer letter-sound relationship and clearly defined syllable boundaries. The syllable in Spanish is a more critical unit of phonological awareness than in English because of the consistent phoneme-grapheme correspondence. Syllables are important units for Spanish because of their strong effect in visual word recognition (Carreiras et al., 1993) and their major role in predicting Spanish reading success. In addition, Spanish presents a much higher level of orthographic transparency than English and does not rely on sight words for decoding. This orthographic transparency accelerates the decoding process, and the focus quickly moves to fluency and comprehension. However, in English sight words are used because of words that are not decodable such as "are" or "one." In Spanish, decoding issues are not as prevalent as issues of comprehension. These specific features of the Spanish language will influence reading methodology and development.(4) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(5) Research consistently shows that language and literacy development in the student's native language not only facilitates learning English and English literacy, but is foundational to cognitive development and learning (Cummins, 2001; Thomas & Collier, 2002; Coelho, 2001). Emergent bilinguals (Sparrow et al., 2014; Slavin & Cheving, 2013) are students who are in the process of acquiring two or more linguistic codes, becoming bilingual, biliterate, and bicultural. Emergent bilinguals are often defined by their perceived deficits (semilinguals) (Escamilla, 2012). However, research has shown that bilinguals develop a unique interdependent system (Escamilla et al. 2007; Grosjean, 1989; Valdes and Figueroa, 1994) in which languages interconnect to increase linguistic functionality. This linguistic interdependence of language acquisition facilitates a transfer of literacy skills from the primary language (L1) to the second language (L2) (August & Shanahan, 2006; Bialystok, 2007; Miramontes, et al., 1997). The strength of learning through formal instruction in Spanish determines the extent of transfer to English (August, Calderon, & Carlo, 2002; Slavin & Calderon, 2001; Garcia, 2001). For transfer to be maximized, cross-linguistic connections between the two languages must be explicitly taught while students engage in a contrastive analysis of the Spanish and English languages (Cummins, 2007). Continued strong literacy development in Spanish provides the foundation and scaffold for literacy development given that a Common Underlying Proficiency (CUP) exists between the two languages (Cummins, 1991). Consequently, direct and systematic instruction (Genesee et al., 2005) in the appropriate sequence of Spanish skills with early English as a second language-based literacy instruction is critical to student success. As a result of working within two language systems, students' metalinguistic and metacognitive skills are enhanced when they learn about the similarities and differences between languages (Escamilla et. al., 2014). The extent to which English and Spanish are used is reliant on the type of bilingual program model being used (see Texas Education Code, §29.066).(6) English language learners (ELLs) are expected to meet standards in a second language, and their proficiency in English directly impacts their ability to meet these standards. The comprehension of text throughout the stages of English language acquisition requires scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected oral and written discourse so that it is meaningful.(7) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(8) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and answer questions using multi-word responses;(B) follow, restate, and give oral instructions that involve a short, related sequence of actions;(C) share information and ideas that focus on the topic under discussion, speaking clearly at an appropriate pace and using the conventions of language;(D) work collaboratively with others by following agreed-upon rules for discussion, including listening to others, speaking when recognized, making appropriate contributions, and building on the ideas of others; and(E) develop social communication such as distinguishing between asking and telling.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) decoding multisyllabic words;(ii) decoding words with multiple sound spelling patterns such as c, k, and q and s, z, soft c, and x;(iii) decoding words with silent h and words that use the syllables que-, qui-, gue-, gui-, güe-, and güi-;(iv) decoding words with diphthongs and hiatus;(v) decoding common abbreviations; and(vi) decoding words with prefixes and suffixes;(B) demonstrate and apply spelling knowledge by:(i) spelling multisyllabic words;(ii) spelling words with diphthongs and hiatus;(iii) spelling common abbreviations;(iv) spelling words with prefixes and suffixes; and(v) spelling words with silent h and words that use the syllables que-, qui-, gue-, gui-, güe-, and güi-;(C) alphabetize a series of words and use a dictionary or glossary to find words; and(D) develop handwriting by accurately forming all cursive letters using appropriate strokes when connecting letters.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning and pronunciation of unknown words;(B) use context within and beyond a sentence to determine the meaning of unfamiliar words;(C) use affixes, including re-, pre-, -ción, and ísimo/ísima, to determine the meaning of words and subsequently use the newly acquired words;(D) identify, use, and explain the meaning of antonyms, synonyms, idioms, and homographs in context; and(E) differentiate between and use homographs, homophones, and commonly confused terms such as porque/porqué/por qué/por que, sino/si no, and también/tan bien.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, checking for visual cues, and asking questions when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources;(B) write brief comments on literary or informational texts that demonstrate an understanding of the text;(C) use text evidence to support an appropriate response;(D) retell and paraphrase texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as illustrating or writing; and(F) respond using newly acquired vocabulary as appropriate.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) discuss topics and determine theme using text evidence with adult assistance;(B) describe the main character's (characters') internal and external traits;(C) describe and understand plot elements, including the main events, the conflict, and the resolution, for texts read aloud and independently; and(D) describe the importance of the setting.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, and fairy tales;(B) explain visual patterns and structures in a variety of poems;(C) discuss elements of drama such as characters, dialogue, and setting;(D) recognize characteristics and structures of informational text, including:(i) the central idea and supporting evidence with adult assistance;(ii) features and graphics to locate and gain information; and(iii) organizational patterns such as chronological order and cause and effect stated explicitly;(E) recognize characteristics of persuasive text, including:(i) stating what the author is trying to persuade the reader to think or do; and(ii) distinguishing facts from opinion; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) discuss the author's purpose for writing text;(B) discuss how the use of text structure contributes to the author's purpose;(C) discuss the author's use of print and graphic features to achieve specific purposes;(D) discuss the use of descriptive, literal, and figurative language;(E) identify the use of first or third person in a text; and(F) identify and explain the use of repetition.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by generating ideas for writing such as drawing and brainstorming;(B) develop drafts into a focused piece of writing by:(i) organizing with structure; and(ii) developing an idea with specific and relevant details;(C) revise drafts by adding, deleting, or rearranging words, phrases, or sentences;(D) edit drafts using standard Spanish conventions, including:(i) complete sentences with subject-verb agreement;(ii) past, present, and future verb tense, including the difference between ser and estar;(iii) singular, plural, common, and proper nouns, including gender-specific articles;(iv) adjectives, including articles;(v) adverbs that convey time and adverbs that convey place;(vi) prepositions and prepositional phrases;(vii) pronouns, including personal, possessive, and objective, and the difference in the use of formal pronoun usted and informal pronoun tú;(viii) coordinating conjunctions to form compound subjects and predicates;(ix) capitalization of proper nouns and the salutation and closing of a letter;(x) punctuation marks at the end of declarative sentences and the beginning and end of exclamatory and interrogative sentences; and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules; and(E) publish and share writing.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts, including personal narratives and poetry;(B) compose informational texts, including procedural texts and reports; and(C) compose correspondence such as thank you notes or letters.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions for formal and informal inquiry with adult assistance;(B) develop and follow a research plan with adult assistance;(C) identify and gather relevant sources and information to answer the questions;(D) identify primary and secondary sources;(E) demonstrate understanding of information gathered;(F) cite sources appropriately; and(G) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.4 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scA/s128.5"><num value="128.5">§128.5</num><heading>Spanish Language Arts and Reading, Grade 3, Adopted 2017</heading><content>(a) Introduction.(1) The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) reflect language arts standards that are authentic to the Spanish language and Spanish literacy; they are neither translations nor modifications of the English language arts TEKS. The Spanish language arts and reading TEKS embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for Spanish language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Spanish, as opposed to English, has a closer letter-sound relationship and clearly defined syllable boundaries. The syllable in Spanish is a more critical unit of phonological awareness than in English because of the consistent phoneme-grapheme correspondence. Syllables are important units for Spanish because of their strong effect in visual word recognition (Carreiras et al., 1993) and their major role in predicting Spanish reading success. In addition, Spanish presents a much higher level of orthographic transparency than English and does not rely on sight words for decoding. This orthographic transparency accelerates the decoding process, and the focus quickly moves to fluency and comprehension. However, in English sight words are used because of words that are not decodable such as "are" or "one." In Spanish, decoding issues are not as prevalent as issues of comprehension. These specific features of the Spanish language will influence reading methodology and development.(4) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(5) Research consistently shows that language and literacy development in the student's native language not only facilitates learning English and English literacy, but is foundational to cognitive development and learning (Cummins, 2001; Thomas & Collier, 2002; Coelho, 2001). Emergent bilinguals (Sparrow et al., 2014; Slavin & Cheving, 2013) are students who are in the process of acquiring two or more linguistic codes, becoming bilingual, biliterate, and bicultural. Emergent bilinguals are often defined by their perceived deficits (semilinguals) (Escamilla, 2012). However, research has shown that bilinguals develop a unique interdependent system (Escamilla et al. 2007; Grosjean, 1989; Valdes and Figueroa, 1994) in which languages interconnect to increase linguistic functionality. This linguistic interdependence of language acquisition facilitates a transfer of literacy skills from the primary language (L1) to the second language (L2) (August & Shanahan, 2006; Bialystok, 2007; Miramontes, et al., 1997). The strength of learning through formal instruction in Spanish determines the extent of transfer to English (August, Calderon, & Carlo, 2002; Slavin & Calderon, 2001; Garcia, 2001). For transfer to be maximized, cross-linguistic connections between the two languages must be explicitly taught while students engage in a contrastive analysis of the Spanish and English languages (Cummins, 2007). Continued strong literacy development in Spanish provides the foundation and scaffold for literacy development given that a Common Underlying Proficiency (CUP) exists between the two languages (Cummins, 1991). Consequently, direct and systematic instruction (Genesee et al., 2005) in the appropriate sequence of Spanish skills with early English as a second language-based literacy instruction is critical to student success. As a result of working within two language systems, students' metalinguistic and metacognitive skills are enhanced when they learn about the similarities and differences between languages (Escamilla et. al., 2014). The extent to which English and Spanish are used is reliant on the type of bilingual program model being used (see Texas Education Code, §29.066).(6) English language learners (ELLs) are expected to meet standards in a second language, and their proficiency in English directly impacts their ability to meet these standards. The comprehension of text throughout the stages of English language acquisition requires scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected oral and written discourse so that it is meaningful.(7) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(8) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and make pertinent comments;(B) follow, restate, and give oral instructions that involve a series of related sequences of action;(C) speak coherently about the topic under discussion, employing eye contact, speaking rate, volume, enunciation, and the conventions of language to communicate ideas effectively;(D) work collaboratively with others by following agreed-upon rules, norms, and protocols; and(E) develop social communication such as conversing politely in all situations.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) decoding words with a prosodic or orthographic accent;(ii) decoding words with multiple sound spelling patterns such as c, k, and q and s, z, soft c, and x;(iii) decoding words with silent h and words that use the syllables que-, qui-, gue-, gui-, güe-, and güi-;(iv) becoming very familiar with the concept of hiatus and diphthongs and the implications for orthographic accents;(v) decoding and differentiating meaning of a word based on a diacritical accent; and(vi) decoding words with prefixes and suffixes;(B) demonstrate and apply spelling knowledge by:(i) spelling palabras agudas and graves (words with an accent on the last and penultimate syllable);(ii) spelling palabras esdrújulas (words with the stress on the antepenultimate syllable) that have an orthographic accent;(iii) spelling words with the concept of diphthongs and hiatus and their implications for orthographic accents;(iv) using accents on words commonly used in questions and exclamations;(v) spelling words based on the diacritical accent such as se/sé, el/él, and mas/más;(vi) marking accents appropriately when conjugating verbs such as in simple and imperfect past, past participle, perfect, conditional, and future tenses;(vii) spelling words with silent h and words that use the syllables que-, qui-, gue-, gui-, güe-, and güi-;(viii) spelling words that have the same sounds represented by different letters, including ll and y; c, k, and q; soft c, soft x, s, and z; and soft g, j, and x;(ix) spelling words with hard and soft r;(x) spelling words using n before v; m before b; and m before p;(xi) spelling words with sílabas trabadas; and(xii) spelling the plural form of words ending in z by replacing the z with c before adding -es;(C) alphabetize a series of words to the third letter; and(D) write complete words, thoughts, and answers legibly in cursive leaving appropriate spaces between words.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning, syllabication, and pronunciation;(B) use context within and beyond a sentence to determine the meaning of unfamiliar words and multiple-meaning words;(C) identify the meaning of and use words with affixes such as in-, des-, ex-, -mente, -dad, -oso, -eza, and -ura, and know how the affix changes the meaning of the word;(D) identify, use, and explain the meaning of antonyms, synonyms, idioms, homophones, and homographs in a text; and(E) differentiate between and use homographs, homophones, and commonly confused terms such as porque/porqué/por qué/por que, sino/si no, and también/tan bien.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write a response to a literary or informational text that demonstrates an understanding of a text;(C) use text evidence to support an appropriate response;(D) retell and paraphrase texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; and(G) discuss specific ideas in the text that are important to the meaning.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer the theme of a work, distinguishing theme from topic;(B) explain the relationships among the major and minor characters;(C) analyze plot elements, including the sequence of events, the conflict, and the resolution; and(D) explain the influence of the setting on the plot.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, fairy tales, legends, and myths;(B) explain rhyme scheme, sound devices, and structural elements such as stanzas in a variety of poems;(C) discuss elements of drama such as characters, dialogue, setting, and acts;(D) recognize characteristics and structures of informational text, including:(i) the central idea with supporting evidence;(ii) features such as sections, tables, graphs, timelines, bullets, numbers, and bold and italicized font to support understanding; and(iii) organizational patterns such as cause and effect and problem and solution;(E) recognize characteristics and structures of argumentative text by:(i) identifying the claim;(ii) distinguishing facts from opinion; and(iii) identifying the intended audience or reader; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) explain how the use of text structure contributes to the author's purpose;(C) explain the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of imagery, literal and figurative language such as simile, and sound devices such as onomatopoeia achieves specific purposes;(E) identify the use of literary devices, including first- or third-person point of view;(F) discuss how the author's use of language contributes to voice; and(G) identify and explain the use of hyperbole.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre for a particular topic, purpose, and audience using a range of strategies such as brainstorming, freewriting, and mapping;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction and a conclusion; and(ii) developing an engaging idea with relevant details;(C) revise drafts to improve sentence structure and word choice by adding, deleting, combining, and rearranging ideas for coherence and clarity;(D) edit drafts using standard Spanish conventions, including:(i) complete simple and compound sentences with subject-verb agreement;(ii) verb tense such as simple past, present, and future and imperfect past, past participle, perfect, and conditional, including the difference between ser and estar;(iii) singular, plural, common, and proper nouns, including gender-specific articles;(iv) adjectives, including their comparative and superlative forms;(v) adverbs that convey time and adverbs that convey manner;(vi) prepositions and prepositional phrases;(vii) pronouns, including personal, possessive, objective, and reflexive pronouns;(viii) coordinating conjunctions to form compound subjects, predicates, and sentences;(ix) capitalization of proper nouns, geographical names and places, historical periods, and official titles of people;(x) punctuation marks, including commas in a series and dates that include the day of the week, and correct mechanics, including indentations; and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts, including personal narratives and poetry, using genre characteristics and craft;(B) compose informational texts, including brief compositions that convey information about a topic, using a clear central idea and genre characteristics and craft;(C) compose argumentative texts, including opinion essays, using genre characteristics and craft; and(D) compose correspondence such as thank you notes or letters.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate questions on a topic for formal and informal inquiry;(B) develop and follow a research plan with adult assistance;(C) identify and gather relevant information from a variety of sources;(D) identify primary and secondary sources;(E) demonstrate understanding of information gathered;(F) recognize the difference between paraphrasing and plagiarism when using source materials;(G) create a works cited page; and(H) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.5 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scA/s128.6"><num value="128.6">§128.6</num><heading>Spanish Language Arts and Reading, Grade 4, Adopted 2017</heading><content>(a) Introduction.(1) The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) reflect language arts standards that are authentic to the Spanish language and Spanish literacy; they are neither translations nor modifications of the English language arts TEKS. The Spanish language arts and reading TEKS embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for Spanish language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Spanish, as opposed to English, has a closer letter-sound relationship and clearly defined syllable boundaries. The syllable in Spanish is a more critical unit of phonological awareness than in English because of the consistent phoneme-grapheme correspondence. Syllables are important units for Spanish because of their strong effect in visual word recognition (Carreiras et al., 1993) and their major role in predicting Spanish reading success. In addition, Spanish presents a much higher level of orthographic transparency than English and does not rely on sight words for decoding. This orthographic transparency accelerates the decoding process, and the focus quickly moves to fluency and comprehension. However, in English sight words are used because of words that are not decodable such as "are" or "one." In Spanish, decoding issues are not as prevalent as issues of comprehension. These specific features of the Spanish language will influence reading methodology and development.(4) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(5) Research consistently shows that language and literacy development in the student's native language not only facilitates learning English and English literacy, but is foundational to cognitive development and learning (Cummins, 2001; Thomas & Collier, 2002; Coelho, 2001). Emergent bilinguals (Sparrow et al., 2014; Slavin & Cheving, 2013) are students who are in the process of acquiring two or more linguistic codes, becoming bilingual, biliterate, and bicultural. Emergent bilinguals are often defined by their perceived deficits (semilinguals) (Escamilla, 2012). However, research has shown that bilinguals develop a unique interdependent system (Escamilla et al. 2007; Grosjean, 1989; Valdes and Figueroa, 1994) in which languages interconnect to increase linguistic functionality. This linguistic interdependence of language acquisition facilitates a transfer of literacy skills from the primary language (L1) to the second language (L2) (August & Shanahan, 2006; Bialystok, 2007; Miramontes, et al., 1997). The strength of learning through formal instruction in Spanish determines the extent of transfer to English (August, Calderon, & Carlo, 2002; Slavin & Calderon, 2001; Garcia, 2001). For transfer to be maximized, cross-linguistic connections between the two languages must be explicitly taught while students engage in a contrastive analysis of the Spanish and English languages (Cummins, 2007). Continued strong literacy development in Spanish provides the foundation and scaffold for literacy development given that a Common Underlying Proficiency (CUP) exists between the two languages (Cummins, 1991). Consequently, direct and systematic instruction (Genesee et al., 2005) in the appropriate sequence of Spanish skills with early English as a second language-based literacy instruction is critical to student success. As a result of working within two language systems, students' metalinguistic and metacognitive skills are enhanced when they learn about the similarities and differences between languages (Escamilla et. al., 2014). The extent to which English and Spanish are used is reliant on the type of bilingual program model being used (see Texas Education Code, §29.066).(6) English language learners (ELLs) are expected to meet standards in a second language, and their proficiency in English directly impacts their ability to meet these standards. The comprehension of text throughout the stages of English language acquisition requires scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected oral and written discourse so that it is meaningful.(7) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(8) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively, ask relevant questions to clarify information, and make pertinent comments;(B) follow, restate, and give oral instructions that involve a series of related sequences of action;(C) express an opinion supported by accurate information, employing eye contact, speaking rate, volume, enunciation, and the conventions of language to communicate ideas effectively; and(D) work collaboratively with others to develop a plan of shared responsibilities.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) decoding palabras agudas, graves, esdrújulas, and sobresdrújulas (words with the stress on the last, penultimate, and antepenultimate syllable and words with the stress on the syllable before the antepenultimate);(ii) using orthographic rules to segment and combine syllables, including diphthongs and formal and accented hiatus;(iii) decoding and differentiating the meaning of a word based on the diacritical accent; and(iv) decoding words with prefixes and suffixes;(B) demonstrate and apply spelling knowledge by:(i) spelling palabras agudas and graves (words with the stress on the last and penultimate syllable) with an orthographic accent;(ii) spelling palabras esdrújulas (words with the stress on the antepenultimate syllable) that have an orthographic accent;(iii) spelling words with diphthongs and hiatus; and(iv) marking accents appropriately when conjugating verbs such as in simple and imperfect past, past participle, perfect, conditional, and future tenses; and(C) write legibly in cursive to complete assignments.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning, syllabication, and pronunciation;(B) use context within and beyond a sentence to determine the relevant meaning of unfamiliar words or multiple-meaning words;(C) identify the meaning of and use words with affixes such as mono-, sobre-, sub-, inter-, poli-, -able, -ante, -eza, -ancia, and -ura, and roots, including auto, bio, grafía, metro, fono, and tele;(D) identify, use, and explain the meaning of idioms, homographs, and homophones such as abrasar/abrazar; and(E) differentiate between and use homographs, homophones, and commonly confused terms such as porque/porqué/por qué/por que, sino/si no, and también/tan bien.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing and contrasting ideas across a variety of sources;(C) use text evidence to support an appropriate response;(D) retell, paraphrase, or summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; and(G) discuss specific ideas in the text that are important to the meaning.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer basic themes supported by text evidence;(B) explain the interactions of the characters and the changes they undergo;(C) analyze plot elements, including the rising action, climax, falling action, and resolution; and(D) explain the influence of the setting, including historical and cultural settings, on the plot.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, legends, myths, and tall tales;explain figurative language such as simile, metaphor, and personification that the poet uses to create images;explain structure in drama such as character tags, acts, scenes, and stage directions;(A) (B) (C) (D) recognize characteristics and structures of informational text, including:(i) the central idea with supporting evidence;(ii) features such as pronunciation guides and diagrams to support understanding; and(iii) organizational patterns such as compare and contrast;(E) recognize characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author has used facts for an argument; and(iii) identifying the intended audience or reader; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) explain how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of imagery, literal and figurative language such as simile and metaphor, and sound devices such as alliteration and assonance achieves specific purposes;(E) identify and understand the use of literary devices, including first- or third-person point of view;(F) discuss how the author's use of language contributes to voice; and(G) identify and explain the use of anecdote.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre for a particular topic, purpose, and audience using a range of strategies such as brainstorming, freewriting, and mapping;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, and a conclusion; and(ii) developing an engaging idea with relevant details;(C) revise drafts to improve sentence structure and word choice by adding, deleting, combining, and rearranging ideas for coherence and clarity;(D) edit drafts using standard Spanish conventions, including:(i) complete simple and compound sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments;(ii) verb tense such as simple past, present, and future and imperfect past, past participle, and conditional;(iii) singular, plural, common, and proper nouns, including gender-specific articles;(iv) adjectives, including their comparative and superlative forms;(v) adverbs that convey frequency and adverbs that convey degree;(vi) prepositions and prepositional phrases;(vii) pronouns, including personal, possessive, objective, reflexive, and prepositional;(viii) coordinating conjunctions to form compound subjects, predicates, and sentences;(ix) capitalization of historical events and documents, titles of books, stories, and essays;(x) punctuation marks, including commas in compound and complex sentences and em dash for dialogue; and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives and poetry using genre characteristics and craft;(B) compose informational texts, including brief compositions that convey information about a topic, using a clear central idea and genre characteristics and craft;(C) compose argumentative texts, including opinion essays using genre characteristics and craft; and(D) compose correspondence that requests information.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate and clarify questions on a topic for formal and informal inquiry;(B) develop and follow a research plan with adult assistance;(C) identify and gather relevant information from a variety of sources;(D) identify primary and secondary sources;(E) demonstrate understanding of information gathered;(F) recognize the difference between paraphrasing and plagiarism when using source materials;(G) develop a bibliography; and(H) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.6 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scA/s128.7"><num value="128.7">§128.7</num><heading>Spanish Language Arts and Reading, Grade 5, Adopted 2017</heading><content>(a) Introduction.(1) The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) reflect language arts standards that are authentic to the Spanish language and Spanish literacy; they are neither translations nor modifications of the English language arts TEKS. The Spanish language arts and reading TEKS embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for Spanish language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Spanish, as opposed to English, has a closer letter-sound relationship and clearly defined syllable boundaries. The syllable in Spanish is a more critical unit of phonological awareness than in English because of the consistent phoneme-grapheme correspondence. Syllables are important units for Spanish because of their strong effect in visual word recognition (Carreiras et al., 1993) and their major role in predicting Spanish reading success. In addition, Spanish presents a much higher level of orthographic transparency than English and does not rely on sight words for decoding. This orthographic transparency accelerates the decoding process, and the focus quickly moves to fluency and comprehension. However, in English sight words are used because of words that are not decodable such as "are" or "one." In Spanish, decoding issues are not as prevalent as issues of comprehension. These specific features of the Spanish language will influence reading methodology and development.(4) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(5) Research consistently shows that language and literacy development in the student's native language not only facilitates learning English and English literacy, but is foundational to cognitive development and learning (Cummins, 2001; Thomas & Collier, 2002; Coelho, 2001). Emergent bilinguals (Sparrow et al., 2014; Slavin & Cheving, 2013) are students who are in the process of acquiring two or more linguistic codes, becoming bilingual, biliterate, and bicultural. Emergent bilinguals are often defined by their perceived deficits (semilinguals) (Escamilla, 2012). However, research has shown that bilinguals develop a unique interdependent system (Escamilla et al. 2007; Grosjean, 1989; Valdes and Figueroa, 1994) in which languages interconnect to increase linguistic functionality. This linguistic interdependence of language acquisition facilitates a transfer of literacy skills from the primary language (L1) to the second language (L2) (August & Shanahan, 2006; Bialystok, 2007; Miramontes, et al., 1997). The strength of learning through formal instruction in Spanish determines the extent of transfer to English (August, Calderon, & Carlo, 2002; Slavin & Calderon, 2001; Garcia, 2001). For transfer to be maximized, cross-linguistic connections between the two languages must be explicitly taught while students engage in a contrastive analysis of the Spanish and English languages (Cummins, 2007). Continued strong literacy development in Spanish provides the foundation and scaffold for literacy development given that a Common Underlying Proficiency (CUP) exists between the two languages (Cummins, 1991). Consequently, direct and systematic instruction (Genesee et al., 2005) in the appropriate sequence of Spanish skills with early English as a second language-based literacy instruction is critical to student success. As a result of working within two language systems, students' metalinguistic and metacognitive skills are enhanced when they learn about the similarities and differences between languages (Escamilla et. al., 2014). The extent to which English and Spanish are used is reliant on the type of bilingual program model being used (see Texas Education Code, §29.066).(6) English language learners (ELLs) are expected to meet standards in a second language, and their proficiency in English directly impacts their ability to meet these standards. The comprehension of text throughout the stages of English language acquisition requires scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected oral and written discourse so that it is meaningful.(7) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(8) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively to interpret verbal and non-verbal messages, ask relevant questions, and make pertinent comments;(B) follow, restate, and give oral instructions that include multiple action steps;(C) give an organized presentation employing eye contact, speaking rate, volume, enunciation, natural gestures, and conventions of language to communicate ideas effectively; and(D) work collaboratively with others to develop a plan of shared responsibilities.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) decoding palabras agudas, graves, esdrújulas, and sobresdrújulas (words with the stress on the last, penultimate, and antepenultimate syllable and words with the stress on the syllable before the antepenultimate);(ii) using orthographic rules to segment and combine syllables, including diphthongs and formal and accented hiatus;(iii) decoding and differentiating meaning of word based on the diacritical accent; and(iv) decoding words with prefixes and suffixes;(B) demonstrate and apply spelling knowledge by:(i) spelling words with more advanced orthographic patterns and rules;(ii) spelling palabras agudas, graves, and esdrújulas (words with the stress on the antepenultimate, penultimate, and last syllable) with a prosodic or orthographic accent;(iii) spelling palabras sobresdrújulas (words with the stress on the syllable before the antepenultimate syllable) with a prosodic or orthographic accent;(iv) spelling words with diphthongs and hiatus; and(v) marking accents appropriately when conjugating verbs such as in simple and imperfect past, past participle, perfect, conditional, and future tenses; and(C) write legibly in cursive.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine meaning, syllabication, pronunciation, and word origin;(B) use context within and beyond a sentence to determine the relevant meaning of unfamiliar words or multiple-meaning words;(C) identify the meaning of and use words with affixes such as trans-, super-, anti-, semi-, -logía, -ificar, -ismo, and -ista and roots, including audi, crono, foto, geo, and terr;(D) identify, use, and explain the meaning of idioms, adages, and puns; and(E) differentiate between and use homographs, homophones, and commonly confused terms such as porque/porqué/por qué/por que, sino/si no, and también/tan bien.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to use appropriate fluency (rate, accuracy, and prosody) when reading grade-level text.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing and contrasting ideas across a variety of sources;(C) use text evidence to support an appropriate response;(D) retell, paraphrase, or summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate; and(G) discuss specific ideas in the text that are important to the meaning.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer multiple themes within a text using text evidence;(B) analyze the relationships of and conflicts among the characters;(C) analyze plot elements, including rising action, climax, falling action, and resolution; and(D) analyze the influence of the setting, including historical and cultural settings, on the plot.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of distinguishing characteristics of well-known children's literature such as folktales, fables, legends, myths, and tall tales;(B) explain the use of sound devices and figurative language and distinguish between the poet and the speaker in poems across a variety of poetic forms;(C) explain structure in drama such as character tags, acts, scenes, and stage directions;(D) recognize characteristics and structures of informational text, including:(i) the central idea with supporting evidence;(ii) features such as insets, timelines, and sidebars to support understanding; and(iii) organizational patterns such as logical order and order of importance;(E) recognize characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author has used facts for or against an argument; and(iii) identifying the intended audience or reader; and(F) recognize characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of imagery, literal and figurative language such as simile and metaphor, and sound devices achieves specific purposes;(E) identify and understand the use of literary devices, including first- or third-person point of view;(F) examine how the author's use of language contributes to voice; and(G) explain the purpose of hyperbole, stereotyping, and anecdote.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre for a particular topic, purpose, and audience using a range of strategies such as brainstorming, freewriting, and mapping;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts and details;(C) revise drafts to improve sentence structure and word choice by adding, deleting, combining, and rearranging ideas for coherence and clarity;(D) edit drafts using standard Spanish conventions, including:(i) complete simple and compound sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments;(ii) irregular verbs;(iii) collective nouns;(iv) adjectives, including those indicating origin, and their comparative and superlative forms;(v) conjunctive adverbs;(vi) prepositions and prepositional phrases and their influence on subject-verb agreement;(vii) pronouns, including personal, possessive, objective, reflexive, prepositional, and indefinite;(viii) subordinating conjunctions to form complex sentences;(ix) capitalization of initials, acronyms, and organizations;(x) italics and underlining for titles and emphasis and punctuation marks, including commas in compound and complex sentences, em dash for dialogue, and quotation marks for titles; and(xi) correct spelling of words with grade-appropriate orthographic patterns and rules; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including brief compositions that convey information about a topic, using a clear central idea and genre characteristics and craft;(C) compose argumentative texts, including opinion essays, using genre characteristics and craft; and(D) compose correspondence that requests information.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate and clarify questions on a topic for formal and informal inquiry;(B) develop and follow a research plan with adult assistance;(C) identify and gather relevant information from a variety of sources;(D) understand credibility of primary and secondary sources;(E) demonstrate understanding of information gathered;(F) differentiate between paraphrasing and plagiarism when using source materials;(G) develop a bibliography; and(H) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.7 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c128/scB"><num value="B">SUBCHAPTER B</num><heading>MIDDLE SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c128/scB/s128.20"><num value="128.20">§128.20</num><heading>Implementation of Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Middle School, Adopted 2017</heading><content>(a) The provisions of this section and §§128.21-128.23 of this title shall be implemented by school districts.(b) No later than August 31, 2018, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for Spanish language arts and reading and English as a Second Language as adopted in §§128.21-128.23 of this title.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§128.21-128.23 of this title shall be implemented beginning with the 2019-2020 school year and apply to the 2019-2020 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§128.21-128.23 of this title shall be implemented for the following school year.</content><note type="source"><p>Source Note: The provisions of this §128.20 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scB/s128.21"><num value="128.21">§128.21</num><heading>Spanish Language Arts and Reading, Grade 6, Adopted 2017</heading><content>(a) Introduction.(1) The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) reflect language arts standards that are authentic to the Spanish language and Spanish literacy; they are neither translations nor modifications of the English language arts TEKS. The Spanish language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of the essential knowledge and skills for Spanish language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Spanish, as opposed to English, has a closer letter-sound relationship and clearly defined syllable boundaries. The syllable in Spanish is a more critical unit of phonological awareness than in English because of the consistent phoneme-grapheme correspondence. Syllables are important units for Spanish because of their strong effect in visual word recognition (Carreiras et al., 1993) and their major role in predicting Spanish reading success. In addition, Spanish presents a much higher level of orthographic transparency than English and does not rely on sight words for decoding. This orthographic transparency accelerates the decoding process, and the focus quickly moves to fluency and comprehension. However, in English "sight" words are used because of words that are not decodable such as "are" or "one." In Spanish, decoding issues are not as prevalent as issues of comprehension. These specific features of the Spanish language will influence reading methodology and development.(4) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(5) Research consistently shows that language and literacy development in the student's native language not only facilitates learning English and English literacy, but is foundational to cognitive development and learning (Cummins, 2001; Thomas & Collier, 2002; Coelho, 2001). Emergent bilinguals (Sparrow et al., 2014; Slavin & Cheving, 2013) are students who are in the process of acquiring two or more linguistic codes, becoming bilingual, biliterate, and bicultural. Emergent bilinguals are often defined by their perceived deficits (semilinguals) (Escamilla, 2012). However, research has shown that bilinguals develop a unique interdependent system (Escamilla et al. 2007; Grosjean, 1989; Valdes and Figueroa, 1994) in which languages interconnect to increase linguistic functionality. This linguistic interdependence of language acquisition facilitates a transfer of literacy skills from the primary language (L1) to the second language (L2) (August & Shanahan, 2006; Bialystok, 2007; Miramontes, et al., 1997). The strength of learning through formal instruction in Spanish determines the extent of transfer to English (August, Calderon, & Carlo, 2002; Slavin & Calderon, 2001; Garcia, 2001). For transfer to be maximized, cross-linguistic connections between the two languages must be explicitly taught while students engage in a contrastive analysis of the Spanish and English languages (Cummins, 2007). Continued strong literacy development in Spanish provides the foundation and scaffold for literacy development given that a Common Underlying Proficiency (CUP) exists between the two languages (Cummins, 1991). Consequently, direct and systematic instruction (Genesee et al., 2005) in the appropriate sequence of Spanish skills with early English as a second language-based literacy instruction is critical to student success. As a result of working within two language systems, students' metalinguistic and metacognitive skills are enhanced when they learn about the similarities and differences between languages (Escamilla et. al., 2014). The extent to which English and Spanish are used is reliant on the type of bilingual program model being used (see Texas Education Code, §29.066).(6) English language learners (ELLs) are expected to meet standards in a second language, and their proficiency in English directly impacts their ability to meet these standards. The comprehension of text throughout the stages of English language acquisition requires scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected oral and written discourse so that it is meaningful.(7) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency level to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(8) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(b) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:(A) listen actively to interpret a message, ask clarifying questions, and respond appropriately;(B) follow and give oral instructions that include multiple action steps;(C) give an organized presentation with a specific stance and position, employing eye contact, speaking rate, volume, enunciation, natural gestures, and conventions of language to communicate ideas effectively; and(D) participate in student-led discussions by eliciting and considering suggestions from other group members, taking notes, and identifying points of agreement and disagreement.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. The student is expected to:(A) demonstrate and apply phonetic knowledge by:(i) differentiating between commonly confused terms such as porque/porqué/por qué/por que, asimismo (adverbio)/así mismo (de la misma manera), sino/si no, and también/tan bien;(ii) decoding palabras agudas, graves, esdrújulas, and sobresdrújulas (words with the stress on the last, penultimate, and antepenultimate syllable and words with the stress on the syllable before the antepenultimate);(iii) decoding words with hiatus and diphthongs; and(iv) using knowledge of syllable division patterns and morphemes to decode multisyllabic words;(B) demonstrate and apply spelling knowledge by:(i) spelling palabras agudas, graves, esdrújulas, and sobresdrújulas (words with the stress on the antepenultimate, penultimate, and ultimate/last syllable and words with the stress on the syllable before the antepenultimate);(ii) marking accents appropriately when conjugating verbs in simple and imperfect past, perfect conditional, and future tenses; and(iii) spelling words with diphthongs and hiatus; and(C) write legibly in cursive.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:(A) use print or digital resources to determine the meaning, syllabication, pronunciation, word origin, and part of speech;(B) use context such as definition, analogy, and examples to clarify the meaning of words;(C) determine the meaning and usage of grade-level academic Spanish words derived from Greek and Latin roots, including metro-, grafo-, scrib-, and port-; and(D) differentiate between and use homographs, homophones, and commonly confused terms such as porque/porqué/por qué/por que, sino/si no, and también/tan bien.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. The student is expected to adjust fluency when reading grade-level text based on the reading purpose.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:(A) establish purpose for reading assigned and self-selected text;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing sources within and across genres;(C) use text evidence to support an appropriate response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate;(G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice; and(I) reflect on and adjust responses as new evidence is presented.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:(A) infer multiple themes within and across texts using text evidence;(B) analyze how the characters' internal and external responses develop the plot;(C) analyze plot elements, including rising action, climax, falling action, resolution, and non-linear elements such as flashback; and(D) analyze how the setting, including historical and cultural settings, influences character and plot development.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:(A) demonstrate knowledge of literary genres such as realistic fiction, adventure stories, historical fiction, mysteries, humor, and myths;(B) analyze the effect of meter and structural elements such as line breaks in poems across a variety of poetic forms;(C) analyze how playwrights develop characters through dialogue and staging;(D) analyze characteristics and structural elements of informational text, including:(i) the controlling idea or thesis with supporting evidence;(ii) features such as introduction, foreword, preface, references, or acknowledgements to gain background information; and(iii) organizational patterns such as definition, classification, advantage, and disadvantage;(E) analyze characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author uses various types of evidence to support the argument; and(iii) identifying the intended audience or reader; and(F) analyze characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of figurative language such as metaphor and personification achieves specific purposes;(E) identify the use of literary devices, including omniscient and limited point of view, to achieve a specific purpose;(F) analyze how the author's use of language contributes to mood and voice; and(G) explain the differences between rhetorical devices and logical fallacies.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. The student is expected to:(A) plan a first draft by selecting a genre appropriate for a particular topic, purpose, and audience using a range of strategies such as discussion, background reading, and personal interests;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, coherence within and across paragraphs, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts and details;(C) revise drafts for clarity, development, organization, style, word choice, and sentence variety;(D) edit drafts using standard Spanish conventions, including:(i) complete complex sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tenses;(iii) conjunctive adverbs;(iv) prepositions and prepositional phrases and their influence on subject-verb agreement;(v) pronouns, including personal, possessive, objective, reflexive, prepositional, indefinite, and relative;(vi) subordinating conjunctions to form complex sentences and correlative conjunctions;(vii) capitalization of proper nouns, including abbreviations, initials, acronyms, and organizations;(viii) punctuation marks, including commas in complex sentences, transitions, and introductory elements; and(ix) correct spelling, including commonly confused terms; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including multi-paragraph essays that convey information about a topic, using a clear controlling idea or thesis statement and genre characteristics and craft;(C) compose multi-paragraph argumentative texts using genre characteristics and craft; and(D) compose correspondence that reflects an opinion, registers a complaint, or requests information in a business or friendly structure.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:(A) generate student-selected and teacher-guided questions for formal and informal inquiry;(B) develop and revise a plan;(C) refine the major research question, if necessary, guided by the answers to a secondary set of questions;(D) identify and gather relevant information from a variety of sources;(E) differentiate between primary and secondary sources;(F) synthesize information from a variety of sources;(G) differentiate between paraphrasing and plagiarism when using source materials;(H) examine sources for:(i) reliability, credibility, and bias; and(ii) faulty reasoning such as hyperbole, emotional appeals, and stereotype;(I) display academic citations and use source materials ethically; and(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.21 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scB/s128.22"><num value="128.22">§128.22</num><heading>English Learners Language Arts (ELLA), Grade 7, Adopted 2017</heading><content>(a) General requirements.(1) The essential knowledge and skills as well as the student expectations for English Learners Language Arts (ELLA), Grade 7 are described in §74.4 of this title (relating to English Language Proficiency Standards) as well as subsection (b) of this section and are aligned to the knowledge and skills and student expectations in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) with additional expectations for English language learners (ELLs).(2) English Learners Language Arts (ELLA), Grade 7 may be substituted for English Language Arts and Reading, Grade 7. All expectations apply to English Learners Language Arts (ELLA), Grade 7 students; however, it is imperative to recognize critical processes and features of second language acquisition and to provide appropriate instruction to enable students to meet these standards.(b) Introduction.(1) The ELLA Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of this course mirror the essential knowledge and skills for English language arts and reading, which are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) ELLs are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. Based on the student's language proficiency level, the student is expected to:(A) listen actively to interpret a message and ask clarifying questions that build on others' ideas;(B) follow, restate, and give increasingly complex oral instructions to perform specific tasks, answer questions, or solve problems;(C) present a critique of a literary work, film, or dramatic production, employing eye contact, speaking rate, volume, enunciation, a variety of natural gestures, and conventions of language to communicate ideas effectively;(D) engage in meaningful discourse and provide and accept constructive feedback from others; and(E) develop social communication and produce oral language in contextualized and purposeful ways.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. Based on the student's language proficiency level, the student is expected to:(A) demonstrate and apply phonetic knowledge; and(B) write complete words, thoughts, and answers legibly.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. Based on the student's language proficiency level, the student is expected to:(A) use print or digital resources to determine the meaning, syllabication, pronunciation, word origin, and part of speech;(B) use context such as contrast or cause and effect to clarify the meaning of words;(C) determine the meaning and usage of grade-level academic English words derived from Greek, Latin, and other languages, including omni, log/logue, gen, vid/vis, phil, luc, and sens/sent; un-, re-, -ly, and -er/or; and -ion/tion/sion, im- (into), non-, dis-, in- (not, non), pre-, -ness, -y, -er (comparative), -est, and -ful;(D) identify and use words that name actions, directions, positions, sequences, and locations;(E) use multiple-meaning words, homographs, homophones, and commonly confused terms correctly; and(F) investigate expressions such as idioms and word relationships such as antonyms, synonyms, and analogies.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, the student is expected to use appropriate fluency (rate, accuracy, and prosody) and adjust fluency when reading grade-level text based on the reading purpose.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. Based on the student's language proficiency level, the student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. Based on the student's language proficiency level, the student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, the student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing sources within and across genres;(C) use text evidence to support an appropriate response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate;(G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice; and(I) reflect on and adjust responses as new evidence is presented.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. Based on the student's language proficiency level, the student is expected to:(A) infer multiple themes within and across texts using text evidence;(B) analyze how characters' qualities influence events and resolution of the conflict;(C) analyze plot elements, including the use of foreshadowing and suspense, to advance the plot; and(D) analyze how the setting influences character and plot development.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. Based on the student's language proficiency level, the student is expected to:(A) demonstrate knowledge of literary genres such as realistic fiction, adventure stories, historical fiction, mysteries, humor, myths, fantasy, and science fiction;(B) analyze the effect of rhyme scheme, meter, and graphical elements such as punctuation and capitalization in poems across a variety of poetic forms;(C) analyze how playwrights develop characters through dialogue and staging;(D) analyze characteristics and structural elements of informational text, including:(i) the controlling idea or thesis with supporting evidence;(ii) features such as references or acknowledgements, chapters, sections, subsections, bibliography, tables, graphs, captions, bullets, and numbers; and(iii) organizational patterns that support multiple topics, categories, and subcategories;(E) analyze characteristics and structures of argumentative text by:(i) identifying the claim;(ii) explaining how the author uses various types of evidence and consideration of alternatives to support the argument; and(iii) identifying the intended audience or reader; and(F) analyze characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. Based on the student's language proficiency level, the student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of figurative language such as metaphor and personification achieves specific purposes;(E) identify the use of literary devices, including subjective and objective point of view;(F) analyze how the author's use of language contributes to mood, voice, and tone; and(G) explain the purpose of rhetorical devices such as direct address and rhetorical questions and logical fallacies such as loaded language and sweeping generalizations.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. Based on the student's language proficiency level, the student is expected to:(A) plan a first draft by selecting a genre appropriate for a particular topic, purpose, and audience using a range of strategies such as discussion, background reading, and personal interests;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, coherence within and across paragraphs, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts, details, and examples;(C) revise drafts for clarity, development, organization, style, word choice, and sentence variety;(D) edit drafts using standard English conventions, including:(i) complete simple, compound, and complex sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tenses;(iii) conjunctive adverbs;(iv) prepositions and prepositional phrases and their influence on subject-verb agreement;(v) pronoun-antecedent agreement;(vi) subordinating conjunctions to form complex sentences and correlative conjunctions such as either/or and neither/nor;(vii) correct capitalization;(viii) punctuation, including commas to set off words, phrases, and clauses and semicolons; and(ix) correct spelling, including commonly confused terms such as its/it's, affect/effect, there/their/they're, and to/two/too; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. Based on the student's language proficiency level, the student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including multi-paragraph essays that convey information about a topic, using a clear controlling idea or thesis statement and genre characteristics and craft;(C) compose multi-paragraph argumentative texts using genre characteristics and craft; and(D) compose correspondence that reflects an opinion, registers a complaint, or requests information in a business or friendly structure.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, the student is expected to:(A) generate student-selected and teacher-guided questions for formal and informal inquiry;(B) develop and revise a plan;(C) refine the major research question, if necessary, guided by the answers to a secondary set of questions;(D) identify and gather relevant information from a variety of sources;(E) differentiate between primary and secondary sources;(F) synthesize information from a variety of sources;(G) differentiate between paraphrasing and plagiarism when using source materials;(H) examine sources for:(i) reliability, credibility, and bias; and(ii) faulty reasoning such as hyperbole, emotional appeals, and stereotype;(I) display academic citations and use source materials ethically; and(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.22 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scB/s128.23"><num value="128.23">§128.23</num><heading>English Learners Language Arts (ELLA), Grade 8, Adopted 2017</heading><content>(a) General requirements.(1) The essential knowledge and skills as well as the student expectations for English Learners Language Arts (ELLA), Grade 8 are described in §74.4 of this title (relating to English Language Proficiency Standards) as well as subsection (b) of this section and are aligned to the knowledge and skills and student expectations in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) with additional expectations for English language learners (ELLs).(2) English Learners Language Arts (ELLA), Grade 8 may be substituted for English Language Arts and Reading, Grade 8. All expectations apply to English Learners Language Arts (ELLA), Grade 8 students; however, it is imperative to recognize critical processes and features of second language acquisition and to provide appropriate instruction to enable students to meet these standards.(b) Introduction.(1) The ELLA Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of this course mirror the essential knowledge and skills for English language arts and reading, which are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) ELLs are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. Based on the student's language proficiency level, the student is expected to:(A) listen actively to interpret a message by summarizing, asking questions, and making comments;(B) follow, restate, and give complex oral instructions to perform specific tasks, answer questions, or solve problems;(C) give an organized presentation with a specific point of view;(D) advocate a position using anecdotes, analogies, and/or illustrations employing eye contact, speaking rate, volume, enunciation, a variety of natural gestures, and conventions of language to communicate ideas effectively;(E) participate collaboratively in discussions, plan agendas with clear goals and deadlines, set time limits for speakers, take notes, and vote on key issues; and(F) develop social communication and produce oral language in contextualized and purposeful ways.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. Based on the student's language proficiency level, the student is expected to:(A) demonstrate and apply phonetic knowledge; and(B) write complete words, thoughts, and answers legibly.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. Based on the student's language proficiency level, the student is expected to:(A) use print or digital resources to determine the meaning, syllabication, pronunciation, word origin, and part of speech;(B) use context within or beyond a paragraph to clarify the meaning of unfamiliar or ambiguous words;(C) determine the meaning and usage of grade-level academic English words derived from Greek, Latin, and other languages, including ast, qui, path, mand/mend, and duc; auto, bio, graph, meter, phon, port, and tele; and terr, chrono, audi, geo, dict, photo, and ject;(D) identify and use words that name actions, directions, positions, sequences, and locations;(E) use multiple-meaning words, homographs, homophones, and commonly confused terms correctly; and(F) investigate expressions such as idioms and word relationships such as antonyms, synonyms, and analogies.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, the student is expected to adjust fluency when reading grade-level text based on the reading purpose.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. Based on the student's language proficiency level, the student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. Based on the student's language proficiency level, the student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, the student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing sources within and across genres;(C) use text evidence to support an appropriate response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using newly acquired vocabulary as appropriate;(G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;(I) reflect on and adjust responses as new evidence is presented; and(J) defend or challenge the claims using relevant text evidence.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. Based on the student's language proficiency level, the student is expected to:(A) analyze how themes are developed through the interaction of characters and events;(B) analyze how characters' motivations and behaviors influence events and resolution of the conflict;(C) analyze non-linear plot development such as flashbacks, foreshadowing, subplots, and parallel plot structures and compare it to linear plot development; and(D) explain how the setting influences the values and beliefs of characters.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. Based on the student's language proficiency level, the student is expected to:(A) demonstrate knowledge of literary genres such as realistic fiction, adventure stories, historical fiction, mysteries, humor, fantasy, science fiction, and short stories;(B) identify structural elements such as rhyme, repetition, and alliteration and analyze how language contributes to the meaning of a poem;(C) analyze the effect of graphical elements such as punctuation and line length in poems across a variety of poetic forms such as epic, lyric, and humorous poetry;(D) analyze how playwrights develop dramatic action through the use of acts and scenes;(E) analyze characteristics and structural elements of informational text, including:(i) the controlling idea or thesis with supporting evidence;(ii) features such as footnotes, endnotes, and citations; and(iii) multiple organizational patterns within a text to develop the thesis;(F) analyze characteristics and structures of argumentative text by:(i) identifying the claim and analyzing the argument;(ii) identifying and explaining the counter argument; and(iii) identifying the intended audience or reader; and(G) analyze characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. Based on the student's language proficiency level, the student is expected to:(A) explain the author's purpose and message within a text;(B) analyze how the use of text structure contributes to the author's purpose;(C) analyze the author's use of print and graphic features to achieve specific purposes;(D) describe how the author's use of figurative language such as extended metaphor achieves specific purposes;(E) identify and analyze the use of literary devices, including multiple points of view and irony;(F) analyze how the author's use of language contributes to the mood, voice, and tone; and(G) explain the purpose of rhetorical devices such as analogy and juxtaposition and of logical fallacies such as bandwagon appeals and circular reasoning.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and uses appropriate conventions. Based on the student's language proficiency level, the student is expected to:(A) plan a first draft by selecting a genre appropriate for a particular topic, purpose, and audience using a range of strategies such as discussion, background reading, and personal interests;(B) develop drafts into a focused, structured, and coherent piece of writing by:(i) organizing with purposeful structure, including an introduction, transitions, coherence within and across paragraphs, and a conclusion; and(ii) developing an engaging idea reflecting depth of thought with specific facts, details, and examples;(C) revise drafts for clarity, development, organization, style, word choice, and sentence variety;(D) edit drafts using standard English conventions, including:(i) complete simple, compound, and complex sentences with subject-verb agreement and avoidance of splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tenses and active and passive voice;(iii) conjunctive adverbs;(iv) prepositions and prepositional phrases and their influence on subject-verb agreement;(v) pronoun-antecedent agreement;(vi) subordinating conjunctions to form complex sentences;(vii) correct capitalization;(viii) punctuation, including commas in nonrestrictive phrases and clauses, semicolons, colons, and parentheses; and(ix) correct spelling, including commonly confused terms such as its/it's, affect/effect, there/their/they're, and to/two/too; and(E) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. Based on the student's language proficiency level, the student is expected to:(A) compose literary texts such as personal narratives, fiction, and poetry using genre characteristics and craft;(B) compose informational texts, including multi-paragraph essays that convey information about a topic, using a clear controlling idea or thesis statement and genre characteristics and craft;(C) compose multi-paragraph argumentative texts using genre characteristics and craft; and(D) compose correspondence that reflects an opinion, registers a complaint, or requests information in a business or friendly structure.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, the student is expected to:(A) generate student-selected and teacher-guided questions for formal and informal inquiry;(B) develop and revise a plan;(C) refine the major research question, if necessary, guided by the answers to a secondary set of questions;(D) identify and gather relevant information from a variety of sources;(E) differentiate between primary and secondary sources;(F) synthesize information from a variety of sources;(G) differentiate between paraphrasing and plagiarism when using source materials;(H) examine sources for:(i) reliability, credibility, and bias, including omission; and(ii) faulty reasoning such as bandwagon appeals, repetition, and loaded language;(I) display academic citations and use source materials ethically; and(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.23 adopted to be effective September 25, 2017, 42 TexReg 5096; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c128/scC"><num value="C">SUBCHAPTER C</num><heading>HIGH SCHOOL</heading><section identifier="/us/state/tx/tac/t19/p2/c128/scC/s128.33"><num value="128.33">§128.33</num><heading>Implementation of Texas Essential Knowledge and Skills for English as a Second Language, High School, Adopted 2017</heading><content>(a) The provisions of §§128.34-128.36 of this subchapter shall be implemented by school districts.(b) No later than August 31, 2019, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for English as a Second Language as adopted in §§128.34-128.36 of this subchapter.(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§128.34-128.36 of this subchapter shall be implemented beginning with the 2020-2021 school year and apply to the 2020-2021 and subsequent school years.(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§128.34-128.36 of this subchapter shall be implemented for the following school year.(e) Section 128.31 and §128.32 of this subchapter shall be superseded by the implementation of §§128.34-128.36 of this section.</content><note type="source"><p>Source Note: The provisions of this §128.33 adopted to be effective November 12, 2017, 42 TexReg 6164.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scC/s128.34"><num value="128.34">§128.34</num><heading>English I for Speakers of Other Languages (One Credit), Adopted 2017</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended corequisite: English Language Development and Acquisition (ELDA).(1) The essential knowledge and skills for English I for Speakers of Other Languages (ESOL I) are described in §74.4 of this title (relating to English Language Proficiency Standards) as well as subsection (b) of this section and are aligned to the knowledge and skills and student expectations in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) with additional expectations for English language learners (ELLs).(2) ESOL I may be substituted for English I as provided by Chapter 74, Subchapter B, of this title (relating to Graduation Requirements). All expectations apply to ESOL I students; however, it is imperative to recognize critical processes and features of second language acquisition and to provide appropriate instruction to enable students to meet these standards.(b) Introduction.(1) The ESOL Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of this course mirror the essential knowledge and skills for English language arts and reading, which are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) ELLs are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;(B) share prior knowledge with peers and others to facilitate communication;(C) follow, restate, and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes;(D) give a presentation using informal, formal, and technical language effectively to meet the needs of audience, purpose, and occasion, employing eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and increasing mastery of conventions of language to communicate ideas effectively;(E) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making;(F) develop social communication and produce oral language in contextualized and purposeful ways; and(G) conduct an interview, including social and informative.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) acquire, demonstrate, and apply phonetic knowledge; and(B) write complete words, thoughts, and answers legibly.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;(B) discuss and analyze context and use cognates to distinguish between the denotative and connotative meanings of words and phrases;(C) determine the meaning of foreign words or phrases used frequently in English such as bona fide, caveat, carte blanche, tête-à-tête, bon appétit, and quid pro quo;(D) identify and use words that name actions, directions, positions, sequences, and locations;(E) identify, understand, and use multiple-meaning words, homographs, homophones, and commonly confused terms correctly; and(F) investigate expressions such as idioms and word relationships such as antonyms, synonyms, and analogies.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to adjust fluency when reading grade-level and language proficiency-level text based on the reading purpose.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade- and language proficiency-appropriate texts with increasing independence. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and comprehend increasingly complex texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) answer and generate questions about text before, during, and after reading to acquire and deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) actively participate in discussions to identify, understand, and evaluate details read to determine key ideas;(H) synthesize information from two texts to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;(C) use text evidence and original commentary to support a comprehensive response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as labeling, notetaking, annotating, freewriting, or illustrating;(F) respond using acquired content and academic vocabulary as appropriate;(G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;(I) reflect on and adjust responses when valid evidence warrants;(J) defend or challenge the authors' claims using relevant text evidence; and(K) express opinions, ideas, and feelings ranging from communicating single words and short phrases to participating in extended discussions.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) identify and analyze how themes are developed through characterization and plot in a variety of literary texts;(B) identify and analyze how authors develop complex yet believable characters in works of fiction through a range of literary devices, including character foils;(C) identify and analyze non-linear plot development such as flashbacks, foreshadowing, subplots, and parallel plot structures and compare it to linear plot development; and(D) identify and analyze how the setting influences the theme.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) read and respond to American, British, and world literature;(B) identify and analyze the structure, prosody, and graphic elements such as line length and word position in poems across a variety of poetic forms;(C) identify and analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;(D) identify and analyze characteristics and structural elements of informational texts such as:(i) controlling idea and clear thesis, relevant supporting evidence, pertinent examples, and conclusion;(ii) chapters, sections, subsections, bibliography, tables, graphs, captions, bullets, and numbers; and(iii) multiple organizational patterns within a text to develop the thesis;(E) identify and analyze characteristics and structural elements of argumentative texts such as:(i) clear arguable claim, appeals, and convincing conclusion;(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and(iii) identifiable audience or reader; and(F) identify and analyze characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) identify and analyze the author's purpose, audience, and message within a text;(B) identify and analyze use of text structure to achieve the author's purpose;(C) identify and evaluate the author's use of print and graphic features to achieve specific purposes;(D) identify and analyze how the author's use of language achieves specific purposes;(E) identify and analyze the use of literary devices such as irony and oxymoron to achieve specific purposes;(F) identify and analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text;(G) identify and analyze the use of rhetorical devices, including allusion, repetition, appeals, and rhetorical questions; and(H) identify and explain the purpose of rhetorical devices such as understatement and overstatement and the effect of logical fallacies such as straw man and red herring arguments.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:(i) using an organizing structure appropriate to purpose, audience, topic, and context; and(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;(D) edit drafts using standard English conventions, including:(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tense and active and passive voice;(iii) subject-verb agreement;(iv) pronoun-antecedent agreement;(v) apostrophes to show possession;(vi) accurate usage of homonyms;(vii) correct capitalization;(viii) punctuation, including commas, semicolons, colons, and dashes to set off phrases and clauses as appropriate; and(ix) correct spelling, including abbreviations;(E) use sentence-combining techniques to create a variety of sentence structures and lengths;(F) develop voice; and(G) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) compose literary texts such as fiction and poetry using genre characteristics and craft;(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;(C) compose argumentative texts using genre characteristics and craft; and(D) compose correspondence in a professional or friendly structure.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) develop questions for formal and informal inquiry;(B) critique the research process at each step to implement changes as needs occur and are identified;(C) develop and revise a plan;(D) modify the major research question as necessary to refocus the research plan;(E) locate relevant sources;(F) synthesize information from a variety of sources;(G) examine sources for:(i) credibility and bias, including omission; and(ii) faulty reasoning such as ad hominem, loaded language, and slippery slope;(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism;(I) incorporate digital technology when appropriate; and(J) use an appropriate mode of delivery, whether written, oral, pictorial, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.34 adopted to be effective November 12, 2017, 42 TexReg 6164; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scC/s128.35"><num value="128.35">§128.35</num><heading>English II for Speakers of Other Languages (One Credit), Adopted 2017</heading><content>(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended corequisite: English Language Development and Acquisition (ELDA).(1) The essential knowledge and skills for English II for Speakers of Other Languages (ESOL II) are described in §74.4 of this title (relating to English Language Proficiency Standards) as well as subsection (b) of this section and are aligned to the knowledge and skills and student expectations in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) with additional expectations for English language learners (ELLs).(2) ESOL II may be substituted for English II as provided by Chapter 74, Subchapter B, of this title (relating to Graduation Requirements). All expectations apply to ESOL II students; however, it is imperative to recognize critical processes and features of second language acquisition and to provide appropriate instruction to enable students to meet these standards.(b) Introduction.(1) The ESOL Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.(2) The seven strands of this course mirror the essential knowledge and skills for English language arts and reading, which are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.(4) ELLs are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).(7) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;(B) share prior knowledge with peers and others to facilitate communication;(C) follow, restate, and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes;(D) give a formal presentation that incorporates a clear thesis and a logical progression of valid evidence from reliable sources and that employs eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and increasing mastery of conventions of language to communicate ideas effectively;(E) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making;(F) develop social communication and produce oral language in contextualized and purposeful ways; and(G) listen and respond to critique from peers after an oral presentation.(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) demonstrate and apply phonetic knowledge; and(B) write complete words, thoughts, and answers legibly.(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;(B) analyze context to distinguish among denotative, connotative, and figurative meanings of words;(C) determine the meaning of foreign words or phrases used frequently in English such as pas de deux, status quo, déjà vu, avant-garde, and coup d'état;(D) identify and use words that name actions, directions, positions, sequences, and locations;(E) use multiple-meaning words, homographs, homophones, and commonly confused terms correctly; and(F) investigate expressions such as idioms and word relationships such as antonyms, synonyms, and analogies.(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to adjust fluency when reading grade-level and language proficiency-level text based on the reading purpose.(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) establish purpose for reading assigned and self-selected texts;(B) generate questions about text before, during, and after reading to acquire and deepen understanding and gain information;(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;(D) create mental images to deepen understanding;(E) make connections to personal experiences, ideas in other texts, and society;(F) make inferences and use evidence to support understanding;(G) evaluate details read to determine key ideas;(H) synthesize information from multiple texts to create new understanding; and(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) describe personal connections to a variety of sources, including self-selected texts;(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;(C) use text evidence and original commentary to support an interpretive response;(D) paraphrase and summarize texts in ways that maintain meaning and logical order;(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;(F) respond using acquired content and academic vocabulary as appropriate;(G) discuss and write about the explicit or implicit meanings of text;(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;(I) reflect on and adjust responses when valid evidence warrants;(J) defend or challenge the authors' claims using relevant text evidence; and(K) express opinions, ideas, and feelings ranging from communicating in single words and short phrases to participating in extended discussions.(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) analyze how themes are developed through characterization and plot, including comparing similar themes in a variety of literary texts representing different cultures;(B) analyze how authors develop complex yet believable characters, including archetypes, through historical and cultural settings and events;(C) analyze isolated scenes and their contribution to the success of the plot as a whole; and(D) analyze how historical and cultural settings influence characterization, plot, and theme across texts.(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) read and analyze world literature across literary periods;(B) analyze the effects of metrics; rhyme schemes; types of rhymes such as end, internal, slant, and eye; and other conventions in poems across a variety of poetic forms;(C) analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;(D) analyze characteristics and structural elements of informational texts such as:(i) clear thesis, relevant supporting evidence, pertinent examples, and conclusion;(ii) chapters, sections, subsections, bibliography, tables, graphs, captions, bullets, and numbers to locate, explain, or use information and gain understanding of text;(iii) organizational patterns such as description, temporal sequence, cause and effect, compare and contrast, and problem and solution; and(iv) the relationship between organizational design and thesis;(E) analyze characteristics and structural elements of argumentative texts such as:(i) controlling idea and clear arguable claim, appeals, and convincing conclusion;(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and(iii) identifiable audience or reader; and(F) analyze characteristics of multimodal and digital texts.(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) analyze the author's purpose, audience, and message within a text;(B) analyze use of text structure to achieve the author's purpose;(C) evaluate the author's use of print and graphic features to achieve specific purposes;(D) analyze how the author's use of language informs and shapes the perception of readers;(E) analyze the use of literary devices such as irony, sarcasm, and motif to achieve specific purposes;(F) analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text; and(G) analyze the purpose of rhetorical devices such as appeals, antithesis, parallelism, and shifts and the effects of logical fallacies.(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:(i) using an organizing structure appropriate to purpose, audience, topic, and context; and(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;(D) edit drafts using standard English conventions, including:(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;(ii) consistent, appropriate use of verb tense and active and passive voice;(iii) subject-verb agreement;(iv) pronoun-antecedent agreement;(v) apostrophes to show possession;(vi) accurate usage of homonyms;(vii) correct capitalization;(viii) punctuation, including commas, semicolons, colons, dashes, and parentheses, to set off phrases and clauses as appropriate; and(ix) correct spelling, including abbreviations;(E) use sentence-combining techniques to create an increasingly complex variety of sentence structures and lengths;(F) develop voice; and(G) publish written work for appropriate audiences.(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) compose literary texts such as fiction and poetry using genre characteristics and craft;(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;(C) compose argumentative texts using genre characteristics and craft; and(D) compose correspondence in a professional or friendly structure.(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) develop questions for formal and informal inquiry;(B) critique the research process at each step to implement changes as needs occur and are identified;(C) develop and revise a plan;(D) modify the major research question as necessary to refocus the research plan;(E) locate relevant sources;(F) synthesize information from a variety of sources;(G) examine sources for:(i) credibility and bias, including omission; and(ii) faulty reasoning such as incorrect premise, hasty generalizations, and either-or;(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism;(I) incorporate digital technology when appropriate; and(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.</content><note type="source"><p>Source Note: The provisions of this §128.35 adopted to be effective November 12, 2017, 42 TexReg 6164; amended to be effective August 1, 2019, 44 TexReg 3858.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c128/scC/s128.36"><num value="128.36">§128.36</num><heading>English Language Development and Acquisition (ELDA) (One Credit), Adopted 2017</heading><content>(a) General requirements.(1) Students shall be awarded one credit for successful completion of this course. This course must be taken concurrently with a corequisite language arts course as outlined in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) or this chapter. Recommended corequisites: English I for Speakers of Other Languages (ESOL I) and English II for Speakers of Other Languages (ESOL II).(2) Students may take this course with a different corequisite for a maximum of two credits.(b) Introduction.(1) English Language Development and Acquisition (ELDA) is designed to provide instructional opportunities for secondary recent immigrant students with little or no English proficiency. These students have scored at the negligible/very limited academic language level of the state-approved English oral language proficiency tests. This course enables students to become increasingly more proficient in English in all four language domains. It addresses cognitive, linguistic, and affective needs in compliance with federal requirements and the provisions of Chapter 89, Subchapter BB, of this title (relating to Commissioner's Rules Concerning State Plan for Educating English Language Learners) under the Texas Education Code, §§29.051-29.064.(2) The English Language Development and Acquisition (ELDA) course will validate a student's native language and culture as a valuable resource and as a foundation to attain the English language. It will develop social language, survival vocabulary, and the basic building blocks of literacy for newly arrived and preliterate students.(3) Through comprehensible input, students have access to curriculum that accelerates second language acquisition. Students are challenged to apply higher-order thinking skills in all four language domains.(4) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that English language learners acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).(5) The development of communicative competence occurs through targeted lessons based on students' needs, although academic language proficiency is the focus of instruction.(6) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.(c) Knowledge and skills.(1) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. Students develop oral language and word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and encode. Students apply knowledge and relationships found in the structures, origins, and contextual meanings of words. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) distinguish and produce sounds and intonation patterns of English;(B) recognize print directionality of the English language such as reading left to right or top to bottom;(C) develop knowledge of relationships between sounds and letters of the English language to represent sounds when writing in English;(D) process and use basic academic English language interdisciplinary vocabulary;(E) understand the general meaning, main points, and important details of spoken language ranging from universally familiar to unfamiliar topics;(F) identify people, places, objects, events, and basic concepts such as numbers, days of the week, food, occupations, clothing, colors, and time;(G) learn relationships between sounds and letters of the English language and decode (sound out) words using a combination of skills such as recognizing sound-letter relationships and identifying cognates, affixes, roots, and base words;(H) identify and use words that name actions, directions, positions, sequences, and locations;(I) develop basic sight vocabulary, derive meaning from environmental print, and comprehend English vocabulary and language structures used routinely;(J) use print or digital resources such as glossaries, English dictionaries, bilingual dictionaries, thesauri, and available technology to determine meanings and usage;(K) listen actively and ask relevant questions to clarify understanding; and(L) share prior knowledge with peers and others to facilitate communication and foster respect for others.(2) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. Students use metacognitive skills both develop and deepen comprehension of increasingly complex texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) summarize texts and retell in English or the native language (L1) as needed;(B) self-monitor using pre-reading supports such as graphic organizers, illustrations, and pre-taught topic-related vocabulary to enhance comprehension of input from various sources;(C) demonstrate comprehension of English by participating in shared reading, responding to questions, and taking notes that are commensurate with language acquisition;(D) make connections to personal experiences, ideas in other texts, and the larger community;(E) listen to and derive meaning from a variety of media such as video, DVD, CD, or other technology to build and reinforce concepts and language; and(F) make inferences and use evidence to support understanding.(3) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. Students react and respond to a variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) formulate and provide effective verbal and non-verbal feedback;(B) speak using a variety of increasingly complex grammatical structures, sentence lengths, sentence types, and connecting words with increasing accuracy and ease as more English is acquired;(C) ask for and give information such as directions, address, name, age, and nationality;(D) express ideas and feelings such as gratitude, needs, opinion, and greetings;(E) communicate non-verbally to effectively and appropriately engage in formal and social interactions;(F) express opinions, ideas, and feelings ranging from communicating single words and short phrases to participating in short discussions;(G) respond orally to information presented in a wide variety of print, electronic, audio, and visual media to reinforce concept and language attainment; and(H) organize information in a variety of ways such as graphics, conceptual maps, and learning logs.(4) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts. Students recognize and analyze genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse multicultural texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) compare characteristics of cultures represented in various linguistic and non-linguistic sources;(B) read and listen to adapted or linguistically accommodated modified classical, traditional, contemporary, and multicultural works in English or native language (L1) in alignment with grade-level student expectations;(C) use text features, including titles, headings, subheadings, paragraphs, fonts, styles, index, glossary, table of contents, and graphics to locate, explain, or use information; and(D) compare and contrast how events are presented and information is communicated by visual images such as graphic art, illustrations, or photographs versus non-visual text.(5) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. Students use critical inquiry to analyze the purpose of authors' choices and how they influence and communicate meaning within a text. Students will analyze and apply author's craft purposefully in order to develop their own products and performances. Based on the student's proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) determine and interpret an author's or speaker's intended message;(B) determine the target audience; and(C) determine the purpose of the message.(6) Composition: listening, speaking, reading writing, and thinking using multiple texts. Students use the modes of writing/discourse and the writing process recursively to compose multiple texts that are meaningful and legible and use appropriate conventions. Based on the student's proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) produce legible work that demonstrates increasing accuracy in the use of the English alphabet, spelling, and the correct use of the conventions of punctuation and capitalization;(B) spell familiar words with increasing accuracy and employ English spelling patterns and rules with increasing accuracy as more English is acquired;(C) demonstrate increasing control over grammatical elements such as subject-verb agreement, pronoun agreement, and verb forms;(D) use prewriting strategies to generate ideas, develop voice, and plan;(E) write effectively in first person;(F) apply oral and written conventions in English with increasing fluency during classroom presentations, compositions, and dialogue;(G) arrange phrases, clauses, and sentences into correct and meaningful patterns;(H) compile written ideas to form complete sentences and paragraphs;(I) organize and convert information into different forms such as charts, graphs, and drawings;(J) convey intended meaning while recognizing the meanings and uses of the other registers in English that are often expressed through colloquialisms, idioms, and other language forms;(K) create, revise, edit, and publish using various technology applications;(L) use study tools, including writing, labeling, and sketching, to clarify and remember information;(M) evaluate writing for both mechanics and content; and(N) use cohesive devices with increasing accuracy.(7) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. Students engage in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:(A) locate appropriate print and non-print information using texts and technical resources, periodicals, and the internet;(B) compile information using available technology;(C) discover, organize, and support in writing what is known and what needs to be learned about a topic; and(D) compare and contrast coverage of the same event in various media such as newspapers, television, documentaries, blogs, and the internet.</content><note type="source"><p>Source Note: The provisions of this §128.36 adopted to be effective November 12, 2017, 42 TexReg 6164.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c129"><num value="129">CHAPTER 129</num><heading>STUDENT ATTENDANCE</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c129/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES</heading><section identifier="/us/state/tx/tac/t19/p2/c129/scAA/s129.1021"><num value="129.1021">§129.1021</num><heading>Calculation of Average Daily Attendance and Full-Time Equivalents for School Districts and Charter Schools with Significant Migrant Population</heading><content>(a) For each school district or charter school in which the total enrollment contains 5.0% or more students who have certificates of eligibility in the state's migrant student tracking database, the commissioner of education will calculate the district's or charter school's annual average daily attendance (ADA) by using the best four of the six-week periods. In no case may the annual ADA calculated by using the best four of the six-week periods exceed the sum of the number of students who have certificates of eligibility plus the ADA calculated by using all six six-week periods.(b) For each school district or charter school in which the total enrollment contains 5.0% or more students who have certificates of eligibility in the state's migrant student tracking database, the commissioner will calculate the district's or charter school's annual full-time equivalents (FTEs) as used in the calculation of the special education, bilingual education, and career and technical education allotments by using the best four of the six-week periods for each of the three FTE counts. In no case may the annual FTE count calculated by using the best four of the six-week periods exceed the sum of the number of students who have certificates of eligibility plus the FTEs calculated by using all six six-week periods.</content><note type="source"><p>Source Note: The provisions of this §129.1021 adopted to be effective February 12, 1992, 17 TexReg 857; amended to be effective October 10, 2012, 37 TexReg 8016.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scAA/s129.1025"><num value="129.1025">§129.1025</num><heading>Adoption by Reference: Student Attendance Accounting Handbook</heading><content>(a) The student attendance accounting guidelines and procedures established by the commissioner of education under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes) and the Texas Education Code, §48.004, to be used by school districts and charter schools to maintain records and make reports on student attendance and student participation in special programs will be published annually.(b) The standard procedures that school districts and charter schools must use to maintain records and make reports on student attendance and student participation in special programs for school year 2025-2026 are described in the official Texas Education Agency (TEA) publication 2025-2026 Student Attendance Accounting Handbook, which is adopted by this reference as the agency's official rule. A copy of the 2025-2026 Student Attendance Accounting Handbook is available on the TEA website with information related to financial compliance. The commissioner will amend the 2025-2026 Student Attendance Accounting Handbook by reference and amend this subsection, as needed.(c) Data from previous school years will continue to be subject to the student attendance accounting handbook as the handbook existed in those years.</content><note type="source"><p>Source Note: The provisions of this §129.1025 adopted to be effective May 10, 2001, 26 TexReg 3393; amended to be effective December 2, 2001, 26 TexReg 9627; amended to be effective January 5, 2003, 27 TexReg 12213; amended to be effective November 16, 2003, 28 TexReg 9834; amended to be effective December 6, 2005, 30 TexReg 8088; amended to be effective December 24, 2006, 31 TexReg 10096; amended to be effective April 27, 2008, 33 TexReg 3263; amended to be effective March 5, 2009, 34 TexReg 1586; amended to be effective March 3, 2010, 35 TexReg 1733; amended to be effective December 28, 2010, 35 TexReg 11631; amended to be effective March 20,2012, 37 TexReg 1901; amended to be effective December 26, 2012, 37 TexReg 9930; amended to be effective December 31, 2013, 38 TexReg 9565; amended to be effective December 15, 2014, 39 TexReg 9665; amended to be effective May 24, 2016, 41 TexReg 3691; amended to be effective December 8, 2016, 41 TexReg 9508; amended to be effective November 12, 2017, 42 TexReg 6177; amended to be effective May 3, 2018, 43 TexReg 2581; amended to be effective October 21, 2019, 44 TexReg 6026; amended to be effective April 29, 2020, 45 TexReg 2701; amended to be effective November 18, 2020, 45 TexReg 8129; amended to be effective March 3, 2022, 47 TexReg 916; amended to be effective October 18, 2022, 47 TexReg 6875; amended to be effective September 27, 2023, 48 TexReg 5540; amended to be effective October 1, 2024, 49 TexReg 7897; amended to be effective October 19, 2025, 50 TexReg 6659.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scAA/s129.1027"><num value="129.1027">§129.1027</num><heading>Optional Flexible School Day Program</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Campus--For the purposes of this section, a campus is an organization that provides instructional services to students, maintains a separate budget, and has an administrator whose primary duty is the full-time administration of the campus.(2) Campus of innovative redesign--A campus with an approved campus turnaround plan in accordance with the requirements of Texas Education Code (TEC), §39A.107, that:(A) provides a rigorous and relevant academic program;(B) provides personal attention and guidance;(C) promotes high expectations for all students; and(D) addresses comprehensive schoolwide improvements that cover all aspects of a school's operations, including, but not limited to, curriculum and instruction changes, structural and managerial innovations, sustained professional development, financial commitment, and enhanced involvement of parents and the community.(3) Community-based dropout recovery education program--For the purposes of this section, a community-based dropout recovery education program is a public or private program authorized under the TEC, §29.081(e), offered on a campus or through an internet online program that leads to a high school diploma and prepares the student to enter the workforce as defined in TEC, §29.081(e-1) and (e-2).(4) Instructional contact hours--Except for the purposes of subsection (b)(1)(B) of this section, instructional contact hours are the hours spent learning the curriculum under faculty and administrators with baccalaureate or advanced degrees. For the purposes of subsection (b)(1)(B) of this section, instructional contact hours are hours spent learning the curriculum under the direct supervision of an educator meeting the qualifications of the State Board for Educator Certification or the employing charter school.(5) Optional Flexible School Day Program (OFSDP)--An OFSDP is a program authorized under the Texas Education Code (TEC), §29.0822, that is approved by the commissioner to provide flexible hours and days of attendance for eligible students, as defined in subsection (b) of this section.(6) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.(7) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.(b) Student eligibility. A student is eligible to participate in an OFSDP if:(1) the student:(A) has dropped out of school or is at risk of dropping out of school, as defined by the TEC, §29.081;(B) is attending a campus implementing an innovative redesign;(C) is attending a community-based dropout recovery education program, as defined by the TEC, §29.081(e-1) and (e-2);(D) is attending an approved early college high school program, as defined by the TEC, §29.908; or(E) as a result of attendance requirements under the TEC, §25.092, will be denied credit for one or more classes in which the student has been enrolled; and(2) either:(A) the student and the student's parent, or person standing in parental relation to the student, agree in writing to the student's participation if the student is less than 18 years of age and not emancipated by marriage or court order; or(B) the student agrees in writing to participate if the student is 18 years of age or older or has otherwise attained legal status as an adult by reason of marriage or court order.(c) Application to operate an OFSDP. Any school district may apply for authorization to operate an OFSDP.(1) The Texas Education Agency (TEA) shall make available to each eligible school district an application form for initial approval or renewal that must be completed and submitted annually to the TEA for approval.(2) The board of trustees of a school district must approve the application. The board of trustees of a school district must include the OFSDP as an item on a regular agenda for a board meeting in compliance with subsection (h)(2) of this section before applying to operate an OFSDP.(3) A school district must submit an application in accordance with instructions provided by the TEA.(4) As part of the application process, a school district shall include the following information:(A) implementation plan description;(B) staff plans;(C) schedules; and(D) student attendance accounting security procedures and documentation.(5) The school district must have submitted the required annual audit report for the immediate prior fiscal year to the TEA division responsible for financial audits. The annual audit must be determined by the TEA to be in compliance with applicable audit standards.(6) The commissioner may consider academic and financial performance at a campus or a district when reviewing application qualifications.(7) The TEA may defer or reject an application based on pending or final audit of data submitted, irregularities in assessment administration, accreditation status, accountability ratings, or interventions or sanctions under the TEC, Chapter 39A.(8) The TEA may grant or reject an entire application or grant or reject any campus submitted on an application.(9) The TEA will notify each applicant of its approval or nonapproval to operate an OFSDP.(10) The school district must receive notice of approval to continue or begin participation in the program.(d) Attendance. A school district must report student OFSDP attendance in a manner provided by the TEA in the Student Attendance Accounting Handbook adopted under §129.1025 of this title (relating to Adoption By Reference: Student Attendance Accounting Handbook). Funding for attendance in an OFSDP is proportionate to attendance in a full-time program meeting the requirements of the TEC, §25.081 and §25.082.(e) Funding under the TEC, Chapters 46, 48, and 49. Attendance in an OFSDP that is not authorized or does not meet the requirements of the TEC, §29.0822, or this section is not eligible for state funding. For funding purposes, attendance for a student for a 12-consecutive-month school year cannot exceed the equivalent of one student in average daily attendance with perfect attendance.(f) Extracurricular participation. A student enrolled in an OFSDP may participate in a competition or activity sanctioned by the University Interscholastic League (UIL) only if the student meets all UIL eligibility criteria.(g) Conditions of program operation. A school district and campus operating an OFSDP must comply with all assurances in the program application. Approved OFSDPs will be required to submit annually one progress report on a form to be provided by the TEA and signed by the district superintendent or executive officer. The data in the progress reports must be disaggregated by ethnicity, age, gender, and socioeconomic status. Approved OFSDPs will submit data as stated in the assurances section of the program application.(1) A school district with a campus operating an OFSDP must reapply annually to continue to operate an OFSDP to verify that student eligibility requirements specified in subsection (b) of this section are met.(2) A student participating in an OFSDP must take all assessment instruments as defined by the TEC, §39.023, during the regularly scheduled administration periods.(3) A school district operating an OFSDP must conduct audits every other year of the OFSDP student attendance processes, procedures, and data quality to maintain eligibility for the program. Audits may be conducted by an internal auditor, external auditor, or an authorized school district administrator responsible for student attendance accounting.(4) The commissioner may consider academic performance and student attendance accounting documentation and procedures to continue district or campus eligibility for the OFSDP.(h) School district annual performance review.(1) Annually, each school district shall review its progress in relation to the performance indicators required by this subsection. Progress should be assessed based on information that is disaggregated with respect to race, ethnicity, gender, and socioeconomic status.(A) A school district must include high school graduation as one of the performance indicators for students participating in the OFSDP.(B) A school district operating an OFSDP for a campus will select and report student performance indicators appropriate to the population being served. The selected performance indicators must measure student achievement on an annual basis.(2) At an open meeting of the board of trustees, a school district shall establish and review annual performance goals for the OFSDP related to performance indicators appropriate to the program, as established in paragraph (1) of this subsection and approved by the TEA.(3) A school district shall ensure that decisions on the continuation of the OFSDP are based on state student assessment results and other student performance data.(i) Evaluation of programs.(1) The TEA shall evaluate the OFSDP based on performance indicators established in subsection (h) of this section.(2) In addition to the evaluation on the indicators identified in subsection (h) of this section, a school district shall be evaluated based on student assessment administration and student attendance accounting processes and procedures.(j) Revocation of or denial to renew authorization to operate an OFSDP.(1) The commissioner may revoke authorization or deny renewal of an OFSDP based on the following factors:(A) noncompliance with application assurances and/or the provisions of this section;(B) failure to keep timely and accurate audit and attendance accounting records;(C) failure to maintain student eligibility requirements specified in subsection (b) of this section if one of these designations was used as an eligibility criteria for OFSDP;(D) lack of program success as evidenced by progress reports or program data; or(E) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the OFSDP.(2) A revocation or nonrenewal of an approved OFSDP takes effect for the semester immediately following the date on which the revocation or nonrenewal is issued unless another date is determined by the commissioner.(3) An OFSDP is entitled to a ten-day notice of the proposed revocation or nonrenewal and an informal review by the commissioner's designee.(4) A decision by the commissioner to revoke the authorization or deny renewal of an OFSDP is final and may not be appealed.(5) The OFSDP is a state program subject to a special accreditation investigation under the TEC, Chapter 39A. Student attendance accounting records are subject to audit under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes). The commissioner may impose interventions and sanctions on a school district under the TEC, Chapter 39A, for failure to comply with the OFSDP requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §129.1027 adopted to be effective July 4, 2007, 32 TexReg 3988; amended to be effective October 23, 2008, 33 TexReg 8643; amended to be effective December 20, 2009, 34 TexReg 8966; amended to be effective August 2, 2018, 43 TexReg 4983; amended to be effective December 6, 2020, 45 TexReg 8517.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scAA/s129.1029"><num value="129.1029">§129.1029</num><heading>Optional Flexible Year Program</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Optional Flexible Year Program (OFYP)--An OFYP is a program authorized under the Texas Education Code (TEC), §29.0821, that is approved by the commissioner of education to provide a flexible year program to meet the educational needs of its students, including providing intensive instructional services. A school district approved by the commissioner of education to implement an OFYP may reduce the number of instructional minutes for certain students.(2) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.(b) Eligibility. A student is eligible to participate in the OFYP if the student meets one or more of the following criteria.(1) The student did not or is not likely to achieve a passing score on an assessment instrument administered under the TEC, §39.023.(2) The student is not eligible for promotion to the next grade level.(c) Program criteria.(1) A school district may reduce the number of instructional minutes during the regular school year for students who are not eligible for participation in this program to no fewer than 71,400 minutes.(2) A school district must provide at least 75,600 minutes of instruction to those students who meet the eligibility criteria defined in subsection (b) of this section.(3) A school district that provides transportation services must continue to provide these services during the OFYP.(4) A school district that provides meal services through the National School Lunch Program, School Breakfast Program, or a locally funded program must continue to provide these services during the OFYP.(5) A school district may require educational support personnel to provide service as necessary for an OFYP.(6) A school district may not reduce the number of educators on staff on OFYP instructional days.(7) A school district must schedule proposed OFYP instructional minutes before the last approved state student assessment testing window of the school year.(d) Approval process. To implement an OFYP, a school district must request prior approval from the commissioner of education.(1) A school district must submit a letter to the Texas Education Agency (TEA) division responsible for state funding describing the proposed modifications to the instructional calendar, including a description of the OFYP that will be provided under the TEC, §29.0821. The letter must indicate the date on which the board of trustees approved the modified instructional calendar. If the district is requesting a waiver of staff development days or teacher preparation days, the letter must also indicate that the request to waive staff development days or teacher preparation days has been approved by the campus site-based decision-making committee.(2) A school district must submit to the TEA a copy of its modified instructional calendar. The instructional calendar must indicate the days and minutes scheduled as OFYP instructional days. No approval will be granted that reduces the number of instructional minutes to fewer than 71,400 minutes.(3) Approval to modify the number of instructional days is limited to one year. Requests for a school district to operate an OFYP for subsequent years must be approved annually.(4) The commissioner may require a school district to provide an evaluation that demonstrates the success of its approach as a condition of approval.(e) Funding. For a school district that operates an OFYP, the calculation of average daily attendance is modified to reflect the approved instructional calendar. For students placed on a reduced instructional calendar, the reported number of days of instruction used as the divisor in calculating average daily attendance must reflect the reduced number of days. For eligible students served through the OFYP, the reported number of days of instruction used as the divisor in calculating average daily attendance must reflect the scheduled number of days in which instruction took place.</content><note type="source"><p>Source Note: The provisions of this §129.1029 adopted to be effective November 20, 2008, 33 TexReg 9233; amended to be effective April 26, 2016, 41 TexReg 2957; amended to be effective July 8, 2018, 43 TexReg 4453.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scAA/s129.1031"><num value="129.1031">§129.1031</num><heading>Reporting Off-Campus Programs</heading><content>(a) In accordance with the Texas Education Code, §42.0052, a board of trustees of a school district or a governing body of a charter holder may adopt a policy that allows a student to participate in an off-campus instructional program. The program must be provided only by an institution of higher education that is accredited by one of the regional accrediting associations specified in §74.25 of this title (relating to High School Credit for College Courses).(b) To be eligible, a student must:(1) be in Grade 11 or 12;(2) have demonstrated college readiness as outlined in the requirements for participation in dual credit programs in the student attendance accounting handbook adopted under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook);(3) meet any eligibility requirements adopted by the institution of higher education specified in §74.25 of this title; and(4) have the approval of the high school principal or other school official designated by the school district or open-enrollment charter school.(c) Funding eligibility for a student participating in an off-campus program will include time instructed in the off-campus program. A campus may choose an alternate attendance-taking time for a group of students that is scheduled to be off-campus during the regular attendance-taking time. The alternate attendance-taking time will be in effect for the period of days or weeks for which the group is scheduled to be off-campus during the regular attendance-taking time (for example, for the semester or for the duration of employment). This alternate attendance-taking time may not be changed once it is selected for a particular group of students. If attendance is taken at an off-campus location, the school district must ensure that attendance is taken in accordance with the student attendance accounting handbook adopted under §129.1025 of this title.(d) For a school district or an open-enrollment charter school to receive Foundation School Program funding for a student participating in an off-campus program under this section, the district or charter school must have documentation of an agreement between the district or charter school and the college.(e) The off-campus program approved under this section must comply with rules adopted by the Texas Higher Education Coordinating Board in the Texas Administrative Code, Title 19, Part 1, with respect to teacher qualifications.</content><note type="source"><p>Source Note: The provisions of this §129.1031 adopted to be effective May 24, 2016, 41 TexReg 3694.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c129/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING TRUANCY</heading><section identifier="/us/state/tx/tac/t19/p2/c129/scBB/s129.1041"><num value="129.1041">§129.1041</num><heading>Definitions</heading><content>For the purposes of this subchapter, the definition of a school district includes an open-enrollment charter school.</content><note type="source"><p>Source Note: The provisions of this §129.1041 adopted to be effective January 1, 2017, 41 TexReg 10278.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scBB/s129.1043"><num value="129.1043">§129.1043</num><heading>Minimum Standards</heading><content>The minimum standards for the truancy prevention measure(s) implemented by a school district under Texas Education Code, §25.0915, include:(1) identifying the root cause of the student's unexcused absences and actions to address each cause;(2) maintaining ongoing communication with students and parents on the actions to be taken to improve attendance;(3) establishing reasonable timelines for completion of the truancy prevention measure; and(4) establishing procedures to notify the admission, review, and dismissal committee or the Section 504 committee of attendance issues relating to a student with a disability and ensure that the committee considers whether the student's attendance issues warrant an evaluation, a reevaluation, and/or modifications to the student's individualized education program or Section 504 plan, as appropriate.</content><note type="source"><p>Source Note: The provisions of this §129.1043 adopted to be effective January 1, 2017, 41 TexReg 10278.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scBB/s129.1045"><num value="129.1045">§129.1045</num><heading>Best Practices</heading><content>(a) A school district shall consider the following best practices for truancy prevention measures.(1) Develop an attendance policy that clearly outlines requirements related to truancy in accordance with Texas Education Code (TEC), Chapter 25, Subchapter C, and communicate this information to parents at the beginning of the school year.(2) Create a culture of attendance that includes training staff to talk meaningfully with students and parents about the attendance policy and the root causes of unexcused absences.(3) Create incentives for perfect attendance and improved attendance.(4) Educate students and their families on the positive impact of school attendance on performance.(5) Provide opportunities for students and parents to address causes of absence and/or truancy with district staff and link families to relevant community programs and support.(6) Develop collaborative partnerships, including planning, referral, and cross-training opportunities, between appropriate school staff, attendance officers, program-related liaisons, and external partners such as court representatives, community and faith-based organizations, state or locally funded community programs for truancy intervention or prevention, and law enforcement to assist students.(7) Determine root causes of unexcused absences and review campus- and district-level data on unexcused absences to identify systemic issues that affect attendance.(8) Use existing school programs such as Communities In Schools, 21st Century Community Learning Centers, Restorative Discipline, and Positive Behavior Interventions and Supports (PBIS) to provide students and their parents with services.(9) At the beginning of each school year, conduct a needs assessment and identify and list, or map, services and programs available within the school district and the community that a school, a student, or a student's parent or guardian may access to address the student's barriers to attendance and make the information available to staff, students, and parents. The information must include, but is not limited to:dropout prevention programs and programs for "at risk" youth;(A) services for pregnant and parenting students;(B) services for students experiencing homelessness;(C) services for students in foster care;(D) federal programs including, but not limited to, Title 1, Part A, of the Elementary and Secondary Education Act;(E) state programs including, but not limited to, State Compensatory Education programs;(F) (G) programs that occur outside of school time;(H) counseling services;(I) tutoring programs and services available at no or low cost;(J) mental health services;(K) alcohol and substance abuse prevention and treatment programs;(L) mentoring programs and services;(M) juvenile justice services and programs;(N) child welfare services and programs;(O) other state or locally funded programs for truancy prevention and intervention; and(P) other supportive services that are locally available for students and families through faith-based organizations, local governments, and community-based organizations.(10) After identifying and listing, or mapping, services available in the district and community, school districts should target any new resources, programs, or services to gaps in services identified during the needs assessment.(11) School districts should ensure that personnel, including truancy prevention facilitators or juvenile case managers, attendance officers, McKinney-Vento liaisons, foster care liaisons, Title IX coordinators, 504 coordinators, pregnancy and parenting coordinators, dropout prevention coordinators, special education staff, and other appropriate student services personnel, meet to contribute to the needs assessment, discuss opportunities to work together, and identify strategies to coordinate both internally and externally to address students' attendance barriers.(b) In determining services offered to students identified in TEC, §25.0915(a-3), a school district shall consider:(1) offering an optional flexible school day program and evening and online alternatives;(2) working with businesses that employ students to help students coordinate job and school responsibilities; and(3) offering before school, after school, and/or Saturday prevention or intervention programs or services that implement best and promising practices.</content><note type="source"><p>Source Note: The provisions of this §129.1045 adopted to be effective January 1, 2017, 41 TexReg 10278.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scBB/s129.1047"><num value="129.1047">§129.1047</num><heading>Sanctions</heading><content>(a) An aggrieved party may file a written complaint with the Texas Education Agency regarding an allegation that a school district has failed to comply with the provisions set forth in Texas Education Code (TEC), §25.0915, or this subchapter related to truancy prevention measures.(b) The commissioner of education may implement any sanction listed in TEC, §39A.002, against a school district found to be out of compliance with TEC, §25.0915, or this subchapter, subject to the due process rights accorded to the school district under TEC, Chapter 39, Subchapter A.</content><note type="source"><p>Source Note: The provisions of this §129.1047 adopted to be effective January 1, 2017, 41 TexReg 10278; amended to be effective December 28, 2025, 50 TexReg 8286.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c129/scBB/s129.1049"><num value="129.1049">§129.1049</num><heading>Truancy Reporting Requirements</heading><content>Each school district and open-enrollment charter school shall report truancy data annually through the Texas Student Data System Public Education Information Management System to include:(1) the number of children who are required to attend school under TEC, §25.085, are not exempted under TEC, §25.086, and fail to attend school without excuse for 10 or more days or parts of days within a 6-month period in the same school year;(2) the number of students for whom the district initiates a truancy prevention measure under TEC, §25.0915(a-4); and(3) the number of parents of students against whom an attendance officer or other appropriate school official has filed a complaint under TEC, §25.093.</content><note type="source"><p>Source Note: The provisions of this §129.1049 adopted to be effective May 31, 2020, 45 TexReg 3440.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c149"><num value="149">CHAPTER 149</num><heading>COMMISSIONER'S RULES CONCERNING EDUCATOR STANDARDS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c149/scAA"><num value="AA">SUBCHAPTER AA</num><heading>TEACHER STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p2/c149/scAA/s149.1001"><num value="149.1001">§149.1001</num><heading>Teacher Standards</heading><content>(a) Purpose. The standards identified in this section are performance standards used to inform the preparation, appraisal, and professional development of Early Childhood-Grade 12 pre-service and in-service teachers in Texas. The standards:(1) emphasize the knowledge and skills required for teachers to select, evaluate, internalize, and implement high-quality instructional materials;(2) assume that practicing teachers are aware of Open Educational Resource (OER) instructional materials, customize materials as directed by their district, and engage in initial lesson plan design when directed by their district;(3) describe the knowledge and skills required for teachers to prepare, deliver, and assess instruction that results in positive outcomes for all students;(4) describe the knowledge and skills required for teachers to build positive relationships with and among students in a safe and productive learning environment;(5) reflect research- and evidence-based practices that ensure all students are held to rigorous grade-level academic and nonacademic standards; and(6) define a teacher's role as a professional, ethical, and reflective practitioner.(b) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic language--the oral, written, auditory, and visual language specific to a discipline. It includes vocabulary, grammar, punctuation, syntax, discipline-specific terminology, and rhetorical conventions that allow students to acquire knowledge and academic skills.(2) Accelerated instruction--includes aligned research-driven strategies and supports within a multi-tiered instructional model that helps students make more than one year of growth in one year of time.(3) Complex text--texts that provide students opportunities to work with new language, knowledge, and ways of thinking. Text complexity is evaluated along quantitative dimensions such as word and sentence length; qualitative dimensions such as text structure, levels of meaning, and language conventions; and considerations including the reader's background, motivation, and knowledge of the topic.(4) Deliberate practice--practice that is systematic, requires sustained attention, and is conducted with the specific goal of improving performance on targeted skills.(5) Encoding--the process by which information is initially coded to be stored and retrieved. Encoding requires attention to key concepts and knowledge structures and is aided by reducing extraneous cognitive load or information in the learning environment.(6) Engagement--a state in which students are cognitively and behaviorally connected to and involved in their learning experience, characterized by participation, curiosity, and perseverance.(7) Evidence-based--a concept or strategy that has been evaluated as a whole and found to have positive effects when implemented with programmatic fidelity.(8) Explanatory feedback--feedback that provides the learner with an explanation of strengths and weaknesses related to the learning activity or assignment.(9) Explicit instruction--instruction in which the teacher's actions are clear, unambiguous, direct, and visible. Explicit instruction makes it clear what the students are to do and learn.(10) Fixed personality traits--the misconception that personality traits become fixed at certain stages of an individual's development and do not change over time.(11) Formative assessment--A deliberate low- or no-stakes process used by teachers during instruction to elicit and use evidence of student learning to provide actionable feedback and improve students' attainment of learning targets.(12) Hemispheric dominance--the misconception that each brain hemisphere is specialized to process information differently and that the dominant hemisphere determines a person's personality and way of thinking.(13) High-quality instructional materials--instructional materials, approved by the State Board of Education (SBOE), that ensure full coverage of Texas Essential Knowledge and Skills (TEKS); are aligned to evidence-based best practices in the relevant content areas; support all learners, including students with disabilities, emergent bilingual students, and students identified as gifted and talented; enable frequent progress monitoring through embedded and aligned assessments; include implementation supports for teachers; and provide teacher- and student-facing lesson-level materials.(14) Instructional preparation--describes the process by which a teacher uses knowledge of students and student learning to prepare instructional delivery to a unique group of students. Instructional preparation may include activities such as lesson plan design, evaluation of instructional materials, and lesson internalization.(15) Interleaving--an instructional technique that arranges practice of topics in such a way that consecutive problems cannot be solved by the same strategy.(16) Just-in-time supports--a learning acceleration strategy that integrates small, timely supports to address gaps in the most critical prerequisite knowledge and skills that students will need to access grade- or course-level content in upcoming units.(17) Learning styles--the disproven theory that identifies learners by type (visual, auditory, reading and writing, and kinesthetic) and adapts instruction to the individual's learning style.(18) Lesson plan design--describes the process by which a teacher creates the planned learning experiences and related instructional materials for a topic. Lesson plan design includes activities such as developing or selecting objectives, learning experiences, sequencing, scaffolds, resources, materials, tasks, assessments, and planned instructional practices.(19) Lesson internalization--an aspect of instructional preparation specific to teaching a lesson or unit. It includes activities such as evaluating sequencing, learning goals, and expected outcomes; using assessment data to identify prior knowledge; studying lesson content; rehearsing lesson delivery; identifying possible misconceptions; as well as planning instructional strategies, materials, and pacing.(20) Metacognition--the awareness of how one's mind learns and thinks and the use of that awareness to optimize the efficiency of learning and cognition.(21) Multiple means of engagement--a range of options provided to engage and motivate students in learning.(22) Multiple means of representation--a range of options provided in the ways that information is presented to students.(23) Multiple means of action and expression--a range of options provided in the ways that students express or demonstrate their learning.(24) Open education resource instructional materials --state-developed materials included on the list of approved instructional materials maintained by the SBOE under Texas Education Code (TEC), §31.022, where the underlying intellectual property is either owned by the state of Texas or can be freely used and modified by the state in perpetuity.(25) Patterns of student thinking--common patterns in the ways in which students think about and develop understanding and skill in relation to particular topics and problems.(26) Productive struggle--expending effort to understand a challenging situation and determine a course of action when no obvious strategy is stated and receiving support that encourages persistence without removing the challenge.(27) Recall--also referred to as "retrieval," the mental process of retrieving information that was previously encoded and stored in long-term memory.(28) Remediation--strategies that focus on the drilling of isolated skills that bear little resemblance to current curriculum. Activities connect to past standards and aim to master content from past years.(29) Research-based--a concept or strategy with positive findings from studies effective in isolation or combination with other researched strategies or evidence-based programs.(30) Retrieval practice--also referred to as "testing effect" or "active recall," it is the finding that trying to remember previously learned material, including by responding to questions, tests, assessments, etc., leads to better retention than restudying or being retold the material for an equivalent amount of time.(31) Science of learning--the summarized existing cognitive-science, cognitive psychology, educational psychology, and neuroscience research on how people learn, as it connects to practical implications for teaching.(32) Second language acquisition--the process through which individuals leverage their primary language to learn a new language. A dynamic process of learning and acquiring proficiency in the English language, supported by exposure to comprehensible input, interaction, formal instruction, and access to resources and support in English and primary language.(33) Spaced practice/Distributed practice--spaced practice sequences learning in a way that students actively retrieve learned information from long-term memory through multiple opportunities over time with intervals in between--starting with shorter intervals initially (e.g., hours or days) and building up to longer intervals (e.g., weeks).(34) State Board of Education-approved instructional materials--materials included on the list of approved instructional materials maintained by the State Board of Education under TEC, §31.022. (35) Summative assessment--medium- to high-stakes assessments, administered at the conclusion of an instructional period that are used to evaluate student learning, knowledge, proficiency, or mastery of a learning target.(c) Standards.(1) Standard 1--Instructional Preparation. Teachers understand how students learn, and they prepare for instructional delivery by designing lessons, evaluating instructional materials, leveraging their knowledge of students, and engaging in a thorough process for lesson internalization.(A) Teachers apply basic principles of lesson plan design from the learning sciences to prepare for instruction.(i) Teachers understand learning as an active and social process of meaning-making that results in changes in student knowledge and behavior based on connections between past and new experiences.(ii) Teachers prepare instruction that uses research and evidence-based teaching strategies for eliciting and sustaining attention and motivation and supporting encoding, such as use of multimedia learning principles, reduction of extraneous cognitive load, use of worked examples, interleaving, and deep integration of new experiences with prior knowledge.(iii) Teachers prepare instruction that uses research and evidence-based strategies for memory and recall such as interleaving, spacing, retrieval practice, and metacognition.(iv) Teachers recognize misconceptions about learning, the brain, and child and adolescent development, including myths such as learning styles, personality traits, and hemispheric dominance, and avoid unsupported instructional practices based on these misunderstandings. (B) Teachers evaluate instructional materials and select or customize the highest quality district-approved option to prepare for instruction.(i) Teachers identify the components of high-quality instructional materials, such as a logical scope and sequence, clear learning objectives, grade- or course-level content, explicit instruction, student engagement, academic language, deliberate practice, and assessment, appropriate to the discipline.(ii) Teachers identify the benefits of using high-quality instructional materials.(iii) Teachers apply knowledge of the components of high-quality instructional materials to select or customize materials when appropriate.(iv) Teachers analyze instructional materials and digital resources to ensure quality, rigor, and access to grade- or course-level content.(v) Teachers use high-quality materials to plan instruction that connects students' prior understanding and real-world experiences to new content and contexts.(C) Teachers understand initial lesson plan design and, when district-approved materials are not available and when directed by their district, engage in initial lesson plan design using science of learning concepts.(i) Teachers design lessons based on the components of high-quality instructional materials, such as a logical scope and sequence, clear learning objectives, application of explicit instruction, and grade- or course-level content.(ii) Teachers design lessons that effectively connect learning objectives with explicit instruction, student engagement, academic language, deliberate practice, and assessment.(iii) Teachers design lessons that connect students' prior understanding and real-world experiences to new content and contexts.(iv) Teachers plan for the use of digital tools and resources to engage students in active deep learning.(D) Teachers ensure lesson sequence and materials meet the needs of all learners and adapt methods when appropriate.(i) Teachers plan for the use of multiple means to engage students, varied ways of representing information, and options for students to demonstrate their learning.(ii) Teachers leverage student data to prepare flexible student groups that facilitate learning for all students.(iii) Teachers differentiate instruction and align methods and techniques to diverse student needs, including acceleration, just-in-time supports, technology, intervention, linguistic supports, appropriate scaffolding, and implementation of individualized education programs.(E) Teachers recognize students' backgrounds (familial, educational, linguistic, and developmental) as assets and apply knowledge of students to engage them in meaningful learning.(i) Teachers plan to present information in a meaningful way that activates or provides any prerequisite knowledge to maximize student learning.(ii) Teachers collaborate with other professionals, use resources, and plan research- and evidence-based instructional strategies to anticipate and respond to the unique needs of students, including disabilities, giftedness, bilingualism, and biliteracy.(iii) Teachers plan instructional practices and strategies that support language acquisition so that language is comprehensible and instruction is fully accessible.(iv) Teachers apply knowledge of how each category of disability under the Individuals with Disabilities Act (20 U.S.C. §1400, et seq.) or Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) can affect student learning and development.(F) Teachers engage in a thorough process of lesson internalization to prepare well-organized, sequential instruction that builds on students' prior knowledge.(i) Teachers identify how the intentional sequencing of units, lessons, and learning tasks supports student knowledge and mastery throughout the year.(ii) Teachers identify how the learning goals of units and lessons are aligned to state standards.(iii) Teachers use assessment data to identify prior knowledge and plan for the learning needs of students.(iv) Teachers internalize lesson content by reading the texts, completing learning tasks and assessments, rehearsing lesson delivery, and identifying any personal gaps in understanding.(v) Teachers plan for pacing, use of teacher resources, and transitions between activities.(vi) Teachers create or analyze and customize exemplar responses and anticipate potential barriers to learning.(vii) Teachers strategically plan instructional strategies, formative assessments, technology, scaffolds, and enrichment to make learning accessible to all students.(2) Standard 2--Instructional Delivery and Assessment. Teachers intentionally apply their knowledge of students and the learning process to implement high-quality instruction and assessment practices that are research- and evidence-based and informed by student work.(A) Teachers deliver research- and evidence-based instruction to meet the needs of all learners and adapt methods when appropriate.(i) Teachers effectively communicate grade- or course-level expectations, objectives, and goals to help all students reach high levels of achievement.(ii) Teachers apply research- and evidence-based teaching strategies for eliciting and sustaining attention and motivation and supporting memory encoding and recall, such as interleaving, spacing, metacognition, and distributed practice.(iii) Teachers ensure a high degree of student engagement through explicit instruction, student discussion, feedback, and opportunities for deliberate practice.(iv) Teachers apply research- and evidence-based teaching strategies that connect students' prior understanding and real-world experiences to new content and contexts and invite student perspectives.(v) Teachers implement appropriate scaffolds in response to student needs.(vi) Teachers strategically implement tools, technology, and procedures that lead to increased participation from all students, elicit patterns of student thinking, and highlight varied responses.(vii) Teachers provide multiple means of engagement to encourage all students to remain persistent in the face of challenges. (viii) Teachers collaborate with other educational professionals, when appropriate, to deliver instruction that addresses students' academic and non-academic needs.(B) Teachers scaffold instruction, from initial knowledge and skill development through automaticity, toward complex, higher-order thinking, providing opportunities for deeper learning.(i) Teachers set high expectations and facilitate rigorous grade- or course-level learning experiences for all students that encourage them to apply disciplinary and cross-disciplinary knowledge to real-world problems.(ii) Teachers apply instructional strategies to deliberately engage all students in critical thinking and problem solving.(iii) Teachers validate student responses utilizing them to advance learning for all students.(iv) Teachers respond to student errors and misconceptions with prompts or questions that build new understanding on prior knowledge. (v) Teachers use strategic questioning to build and deepen student understanding.(vi) Teachers strategically incorporate technology that removes barriers and allows students to interact with the curriculum in more authentic, significant, and effective ways.(C) Teachers consistently check for understanding, give feedback, and make lesson adjustments as necessary.(i) Teachers use a variety of formative assessments during instruction to gauge and respond to student progress and address misconceptions.(ii) Teachers implement frequent or low- or no-stakes assessments to promote retrieval of learned information.(iii) Teachers continually monitor and assess students' progress to guide instructional outcomes and determine next steps to ensure student mastery of grade- or course-level content.(iv) Teachers build student capacity to self-monitor their progress.(v) Teachers provide frequent, timely, and specific explanatory feedback that emphasizes effort, improvement, and acknowledges students' strengths and areas for growth.(vi) Teachers strategically implement instructional strategies, formative assessments, scaffolds, and enrichment to make learning accessible to all students.(vii) Teachers set goals for each student in response to previous outcomes from formative and summative assessments.(viii) Teachers involve all students in self-assessment, goal setting, and monitoring progress.(D) Teachers implement formative and summative methods of measuring and monitoring student progress through the regular collection, review, and analysis of data.(i) Teachers regularly review and analyze student work, individually and collaboratively, to understand students' thinking, identify strengths and progress toward mastery, and identify gaps in knowledge.(ii) Teachers combine results from different measures to develop a holistic picture of students' strengths and learning needs.(iii) Teachers apply multiple means of assessing learning, including the use of digital tools, to accommodate according to students' learning needs, linguistic differences, and/or varying levels of background knowledge.(iv) Teachers use assessment results to inform and adjust instruction and intervention.(v) Teachers clearly communicate the results of assessments with students, including setting goals, identifying areas of strength and opportunities for improvement.(3) Standard--Content Pedagogy Knowledge and Skills. Teachers show a full understanding of their content and related pedagogy and the appropriate grade-level TEKS.(A) Teachers understand the major concepts, key themes, multiple perspectives, assumptions, processes of inquiry, structure, and real-world applications of their grade-level and subject-area content.(i) Teachers demonstrate a thorough understanding of and competence in the use of open education resource instructional materials when available for the grade level and subject area.(ii) Teachers have expertise in how their content vertically and horizontally aligns with the grade-level/subject-area continuum, leading to an integrated curriculum across grade levels and content areas.(iii) Teachers identify gaps in students' knowledge of subject matter and communicate with their leaders and colleagues to ensure that these gaps are adequately addressed across grade levels and subject areas.(iv) Teachers deliberately and regularly share multiple different examples of student representations and resolutions.(v) Teachers stay current with developments, new content, new approaches, and changing methods of instructional delivery within their discipline.(B) Teachers demonstrate content-specific pedagogy that meets the needs of diverse learners, utilizing engaging instructional materials to connect prior content knowledge to new learning.(i) Teachers teach both the key content knowledge and the key skills of the discipline and requisite linguistic skills making the information accessible to all learners by constructing it into usable knowledge.(ii) Teachers make appropriate and authentic connections across disciplines, subjects, and students' real-world experiences to build knowledge from year to year.(iii) Teachers provide multiple means of representation and engagement to promote literacy and ensure discipline-specific academic language is accessible for all students.(iv) Teachers explicitly teach, encourage, and reinforce the use of academic language, including vocabulary, use of symbols, and labeling.(v) Teachers prepare for and apply scaffolds in the lesson to make content accessible to all students, including diverse learners such as emergent bilingual students, students with disabilities, and students working above and below grade level.(vi) Teachers engage students in productive struggle by allowing them time to work, asking questions to deepen their thinking, encouraging multiple approaches, praising effort on successful and unsuccessful attempts, and contrasting student attempts and correct solutions.(C) Teachers demonstrate research- and evidence-based best practices specific to planning, instruction, and assessment of mathematics.(i) Teachers communicate, using multiple means of representation, the relationship between mathematical concepts and mathematical procedures. (ii) Teachers engage students in recursive lesson activities that reinforce automaticity in prerequisite knowledge and skills to mitigate the use of working memory when engaging those knowledge and skills as task complexity increases.(iii) Teachers use multiple means of representation to engage students in mathematical tasks that deepen students' understanding of conceptual understanding, procedural fluency, and mathematical reasoning.(iv) Teachers prepare and deliver instruction and questioning to deliberately solicit different explanations, representations, solutions, and reasoning from all students.(v) Teachers prepare and deliver explicit instruction and modeling that links grade-level conceptual understanding with mathematical procedures and avoids shortcuts to problem solving.(vi) Teachers analyze instructional plans to ensure an appropriate balance between conceptual understanding and procedural fluency.(vii) Teachers facilitate discourse through regular opportunities for students to communicate the relationship between mathematical concepts and mathematical procedures.(viii) Teachers provide time for students to collaboratively and independently apply conceptual understanding and procedural fluency to problem-solving.(ix) Teachers communicate and model the connections between mathematics and other fields that use mathematics to problem solve, make decisions, and incorporate real-world applications in instruction.(x) Teachers explicitly teach and model that math abilities are expandable and improvable.(D) Teachers demonstrate research- and evidence-based best practices specific to planning, instruction, and assessment of language arts and reading.(i) Teachers analyze instructional materials in preparation for instruction to ensure they provide grade-level appropriate, systematic, and explicit practice in foundational literacy skills.(ii) Teachers analyze instructional materials in preparation for instruction to ensure that foundational literacy skills are reached at each grade or course level.(iii) Teachers implement clear and explicit reading instruction aligned to the Science of Teaching Reading competencies and engage students in deliberate practice to make meaning from text.(iv) Teachers identify and analyze grade- or course-level and complex texts for quality in preparation for instruction.(v) Teachers prepare and deliver explicit reading instruction that uses grade-level and complex texts to build student knowledge.(vi) Teachers strategically plan and implement supports such as read-aloud and questioning at varied levels of complexity to support comprehension of high-quality complex texts.(vii) Teachers engage students in writing practice, including text-based writing that builds comprehension and higher-order thinking skills.(viii) Teachers engage students in speaking practice that builds comprehension, language acquisition, and higher-order thinking skills.(ix) Teachers use high-quality assessments to monitor grade-level appropriate foundational skills development.(x) Teachers implement and analyze a variety of high-quality literacy assessments to monitor grade-level appropriate comprehension and identify gaps.(xi) Teachers apply just-in-time supports and intervention on prerequisite skills and continually monitor to determine the need for additional learning support.(4) Standard 4--Learning Environment. Teachers maintain a safe and supportive learning environment that is characterized by respectful interactions with students, consistent routines, high expectations, and the development of students' self-regulation skills.(A) Teachers establish, implement, and communicate consistent routines for effective classroom management, including clear expectations for student behavior and positive interventions, that maintain a productive learning environment for all students.(i) Teachers arrange their classrooms and virtual learning spaces in an organized way that is safe, flexible, and accessible to maximize learning that accommodates all students' learning and physical needs.(ii) Teachers implement consistent classroom and behavior management systems to maintain an environment where all students are engaged and can reach academic and nonacademic goals.(iii) Teachers model and provide explicit instruction on effective behavior regulation skills to build students' resilience and self-discipline.(iv) Teachers maintain a safe and positive culture of student ownership and group accountability that fosters engagement by all students in the classroom expectations, culture, and norms.(B) Teachers lead and maintain classroom environments in which students are motivated and cognitively engaged in learning.(i) Teachers maintain a classroom environment that is based on high expectations and student self-efficacy.(ii) Teachers strategically use instructional time, including transitions, to maximize learning.(iii) Teachers manage and facilitate strategic and flexible groupings to maximize student learning.(5) Standard 5--Professional Practices and Responsibilities. Teachers are self-aware and consistently hold themselves to a high standard for individual development. They collaborate with other educational professionals; communicate regularly with stakeholders; maintain professional relationships; comply with federal, state, and local laws; and conduct themselves ethically and with integrity.(A) Teachers model ethical and respectful behavior and demonstrate integrity in all settings and situations.(i) Teachers understand and comply with applicable federal, state, and local laws pertaining to the professional behaviors and responsibilities of educators.(ii) Teachers adhere to the Educators' Code of Ethics in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators), including following policies and procedures at their specific school placement(s).(iii) Teachers demonstrate understanding of their role in strengthening American democracy and are willing to support and defend the constitutions of the United States and Texas.(iv) Teachers advocate for and apply knowledge of students' progress and learning plans through the maintenance of thorough and accurate records.(v) Teachers model and promote for students the use of safe, ethical, and legal practices with digital tools and technology.(B) Teachers actively self-reflect on their practice and collaborate with other educational professionals to deepen knowledge, demonstrate leadership, and improve their instructional effectiveness.(i) Teachers apply consistent reflective practices, analysis of student work, and video evidence of teaching to identify and communicate professional learning needs.(ii) Teachers seek and apply job-embedded feedback from colleagues, including supervisors, mentors, coaches, and peers.(iii) Teachers establish and strive to achieve professional goals to strengthen their instructional effectiveness and better meet students' needs.(iv) Teachers engage in relevant professional learning opportunities that align with their growth goals and student learning needs.(v) Teachers seek to lead other adults on campus through professional learning communities, grade- or subject-level team leadership, committee membership, or other opportunities.(vi) Teachers collaborate with educational professionals to ensure learning is accessible and enables all students to reach their academic and non-academic goals.(C) Teachers communicate consistently, clearly, and respectfully with all community stakeholders, including students, parents and families, colleagues, administrators, and staff.(i) Teachers clearly communicate the mission, vision, and goals of the school to students, colleagues, parents and families, and other community members.(ii) Teachers communicate regularly, clearly, and appropriately with families about student progress, providing detailed and constructive feedback in a language that is accessible to families to support students' developmental and learning goals.(iii) Teachers build mutual understanding of expectations with students, parents, and families through clear, respectful, and consistent communication methods.(iv) Teachers communicate with students and families regularly about the importance of collecting data and monitoring progress of student outcomes, sharing timely and comprehensible feedback so they understand students' goals and progress.(d) This section will be implemented beginning with teacher evaluations conducted after the next update of Chapter 150 of this title (relating to Commissioner's Rules Concerning Educator Appraisal). Evaluations conducted before that time are subject to the requirements of this section as it existed prior to August 17, 2025.</content><note type="source"><p>Source Note: The provisions of this §149.1001 adopted to be effective August 17, 2025, 50 TexReg 5220.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c149/scBB"><num value="BB">SUBCHAPTER BB</num><heading>ADMINISTRATOR STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p2/c149/scBB/s149.2001"><num value="149.2001">§149.2001</num><heading>Principal Standards</heading><content>(a) Purpose. The standards, indicators, knowledge, and skills identified in this section shall be used to align with the training, appraisal, and professional development of principals.(b) Standards.(1) Standard 1--Instructional Leadership. The principal is responsible for ensuring every student receives high-quality instruction.(A) Knowledge and skills.(i) Effective instructional leaders:(I) prioritize instruction and student achievement by developing and sharing a clear definition of high-quality instruction based on best practices from research;(II) implement a rigorous curriculum aligned with state standards;(III) analyze the curriculum to ensure that teachers align content across grades and that curricular scopes and sequences meet the particular needs of their diverse student populations;(IV) model instructional strategies and set expectations for the content, rigor, and structure of lessons and unit plans; and(V) routinely monitor and improve instruction by visiting classrooms, giving formative feedback to teachers, and attending grade or team meetings.(ii) In schools led by effective instructional leaders, data are used to determine instructional decisions and monitor progress. Principals implement common interim assessment cycles to track classroom trends and determine appropriate interventions. Staff have the capacity to use data to drive effective instructional practices and interventions. The principal's focus on instruction results in a school filled with effective teachers who can describe, plan, and implement strong instruction and classrooms filled with students actively engaged in cognitively challenging and differentiated activities.(B) Indicators.(i) Rigorous and aligned curriculum and assessment. The principal implements rigorous curricula and assessments aligned with state standards, including college and career readiness standards.(ii) Effective instructional practices. The principal develops high-quality instructional practices among teachers that improve student learning.(iii) Data-driven instruction and interventions. The principal monitors multiple forms of student data to inform instructional and intervention decisions and to close the achievement gap.(2) Standard 2--Human Capital. The principal is responsible for ensuring there are high-quality teachers and staff in every classroom and throughout the school.(A) Knowledge and skills.(i) Effective leaders of human capital:(I) treat faculty/staff members as their most valuable resource and invest in the development, support, and supervision of the staff;(II) ensure all staff have clear goals and expectations that guide them and by which they are assessed;(III) are strategic in selecting and hiring candidates whose vision aligns with the school's vision and whose skills match the school's needs;(IV) ensure that, once hired, teachers develop and grow by building layered supports that include regular observations, actionable feedback, and coaching and school-wide supports so that teachers know how they are performing;(V) facilitate professional learning communities to review data and support development;(VI) create opportunities for effective teachers and staff to take on a variety of leadership roles and delegate responsibilities to staff and administrators on the leadership team; and(VII) use data from multiple points of the year to complete accurate evaluations of all staff, using evidence from regular observations, student data, and other sources to evaluate the effectiveness of teachers and staff.(ii) In schools with effective leaders of human capital, staff understand how they are being evaluated and what the expectations are for their performance. Staff can identify areas of strength and have opportunities to practice and receive feedback on growth areas from the leadership team and peers. Staff evaluation data show variation based on effectiveness but also show improvement across years as development and retention efforts take effect. Across the school, staff support each other's development through regular opportunities for collaboration, and effective staff have access to a variety of leadership roles in the school.(B) Indicators.(i) Targeted selection, placement, and retention. The principal selects, places, and retains effective teachers and staff.(ii) Tailored development, feedback, and coaching. The principal coaches and develops teachers by giving individualized feedback and aligned professional development opportunities.(iii) Staff collaboration and leadership. The principal implements collaborative structures and provides leadership opportunities for effective teachers and staff.(iv) Systematic evaluation and supervision. The principal conducts rigorous evaluations of all staff using multiple data sources.(3) Standard 3--Executive Leadership. The principal is responsible for modeling a consistent focus on and commitment to improving student learning.(A) Knowledge and skills.(i) Effective executive leaders:(I) are committed to ensuring the success of the school;(II) motivate the school community by modeling a relentless pursuit of excellence;(III) are reflective in their practice and strive to continually improve, learn, and grow;(IV) view unsuccessful experiences as learning opportunities, remaining focused on solutions, and are not stymied by challenges or setbacks. When a strategy fails, these principals analyze data, assess implementation, and talk with stakeholders to understand what went wrong and how to adapt strategies moving forward;(V) keep staff inspired and focused on the end goal even as they support effective change management;(VI) have strong communication skills and understand how to communicate a message in different ways to meet the needs of various audiences;(VII) are willing to listen to others and create opportunities for staff and stakeholders to provide feedback; and(VIII) treat all members of the community with respect and develop strong, positive relationships with them.(ii) In schools with effective executive leaders, teachers and staff are motivated and committed to excellence. They are vested in the school's improvement and participate in candid discussions of progress and challenges. They are comfortable providing feedback to the principal and other school leaders in pursuit of ongoing improvement, and they welcome feedback from students' families in support of improved student outcomes.(B) Indicators.(i) Resiliency and change management. The principal remains solutions-oriented, treats challenges as opportunities, and supports staff through changes.(ii) Commitment to ongoing learning. The principal proactively seeks and acts on feedback, reflects on personal growth areas and seeks development opportunities, and accepts responsibility for mistakes.(iii) Communication and interpersonal skills. The principal tailors communication strategies to the audience and develops meaningful and positive relationships.(iv) Ethical behavior. The principal adheres to the educators' code of ethics in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators), including following policies and procedures at his or her respective district.(4) Standard 4--School Culture. The principal is responsible for establishing and implementing a shared vision and culture of high expectations for all staff and students.(A) Knowledge and skills.(i) Effective culture leaders:(I) leverage school culture to drive improved outcomes and create high expectations;(II) establish and implement a shared vision of high achievement for all students and use that vision as the foundation for key decisions and priorities for the school;(III) establish and communicate consistent expectations for staff and students, providing supportive feedback to ensure a positive campus environment;(IV) focus on students' social and emotional development and help students develop resiliency and self-advocacy skills; and(V) treat families as key partners to support student learning, creating structures for two-way communication and regular updates on student progress. Regular opportunities exist for both families and the community to engage with the school and participate in school functions.(ii) In schools with effective culture leaders, staff believe in and are inspired by the school vision and have high expectations for all students. Staff take responsibility for communicating the vision in their classrooms and for implementing behavioral expectations throughout the building, not only in their own classrooms. Teachers regularly communicate with the families of their students to provide updates on progress and actively work with families to support learning at home. Members of the broader community regularly engage with the school community.(B) Indicators.(i) Shared vision of high achievement. The principal develops and implements a shared vision of high expectations for students and staff.(ii) Culture of high expectations. The principal establishes and monitors clear expectations for adult and student conduct and implements social and emotional supports for students.(iii) Intentional family and community engagement. The principal engages families and community members in student learning.(iv) Safe school environment. The principal creates an atmosphere of safety that encourages the social, emotional, and physical well-being of staff and students.(v) Discipline. The principal oversees an orderly environment, maintaining expectations for student behavior while implementing a variety of student discipline techniques to meet the needs of individual students.(5) Standard 5--Strategic Operations. The principal is responsible for implementing systems that align with the school's vision and improve the quality of instruction.(A) Knowledge and skills.(i) Effective leaders of strategic operations:(I) assess the current needs of their schools, reviewing a wide set of evidence to determine the schools' priorities and set ambitious and measurable school goals, targets, and strategies that form the schools' strategic plans;(II) with their leadership teams, regularly monitor multiple data points to evaluate progress toward goals, adjusting strategies that are proving ineffective;(III) develop a year-long calendar and a daily schedule that strategically use time to both maximize instructional time and to create regular time for teacher collaboration and data review;(IV) are deliberate in the allocation of resources (e.g., staff time, dollars, and tools), aligning them to the school priorities and goals, and work to access additional resources as needed to support learning; and(V) treat central office staff as partners in achieving goals and collaborate with staff throughout the district to adapt policies as needed to meet the needs of students and staff.(ii) In schools with effective leaders of strategic operations, staff have access to resources needed to meet the needs of all students. Staff understand the goals and expectations for students, have clear strategies for meeting those goals, and have the capacity to track progress. Members of the staff collaborate with the principal to develop the school calendar. Teacher teams and administrator teams meet regularly to review and improve instructional strategies and analyze student data. Throughout the year, all staff participate in formal development opportunities that build the capacity to identify and implement strategies aligned to the school's improvement goals.(B) Indicators.(i) Strategic planning. The principal outlines and tracks clear goals, targets, and strategies aligned to a school vision that improves teacher effectiveness and student outcomes.(ii) Maximized learning time. The principal implements daily schedules and a year-long calendar that plan for regular data-driven instruction cycles, give students access to diverse and rigorous course offerings, and build in time for staff professional development.(iii) Tactical resource management. The principal aligns resources with the needs of the school and effectively monitors the impact on school goals.(iv) Policy implementation and advocacy. The principal collaborates with district staff to implement and advocate for district policies that meet the needs of students and staff.</content><note type="source"><p>Source Note: The provisions of this §149.2001 adopted to be effective June 8, 2014, 39 TexReg 4245.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c150"><num value="150">CHAPTER 150</num><heading>COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c150/scAA"><num value="AA">SUBCHAPTER AA</num><heading>TEACHER APPRAISAL</heading><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1001"><num value="150.1001">§150.1001</num><heading>General Provisions</heading><content>(a) All school districts have two choices in selecting a method to appraise teachers: a teacher appraisal system recommended by the commissioner of education or a local teacher appraisal system.(b) The commissioner's recommended teacher appraisal system, the Texas Teacher Evaluation and Support System (T-TESS), was developed in accordance with the Texas Education Code (TEC), §21.351.(c) The superintendent of each school district, with the approval of the school district board of trustees, may select the T-TESS. Each school district or campus wanting to select or develop an alternative teacher appraisal system must follow the TEC, §21.352, and §150.1007 of this title (relating to Alternatives to the Commissioner's Recommended Appraisal System).(d) The commissioner may designate a regional education service center to serve as the T-TESS certification provider for the state. The designated regional education service center may collect appropriate fees under the TEC, §8.053, from school districts and open-enrollment charter schools for training and certification.(e) Sections 150.1002 through 150.1006 of this title apply only to the T-TESS and not to local teacher appraisal systems.(f) The statutorily required components of teacher appraisal are defined as follows.(1) The implementation of discipline management procedures is the teacher's pedagogical practices that produce student engagement and establish the learning environment.(2) The performance of teachers' students is how the individual teacher's students progress academically in response to the teacher's pedagogical practice as measured at the individual teacher level by one or more student growth measures.</content><note type="source"><p>Source Note: The provisions of this §150.1001 adopted to be effective July 1, 2016, 41 TexReg 2957; amended to be effective October 10, 2017, 42 TexReg 5439.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1002"><num value="150.1002">§150.1002</num><heading>Assessment of Teacher Performance</heading><content>(a) Each teacher shall be appraised on the following domains and dimensions of the Texas Teacher Evaluation and Support System (T-TESS) rubric that is aligned to the Texas Teacher Standards in Chapter 149 of this title (relating to Commissioner's Rules Concerning Educator Standards).(1) Domain I. Planning or Alternate Domain I. Lesson Internalization, which includes the following dimensions:(A) standards and alignment;(B) data and assessment;(C) knowledge of students; and(D) activities.(2) Domain II. Instruction, which includes the following dimensions:(A) achieving expectations;(B) content knowledge and expertise;(C) communication;(D) differentiation; and(E) monitor and adjust.(3) Domain III. Learning Environment, which includes the following dimensions:(A) classroom environment, routines, and procedures;(B) managing student behavior; and(C) classroom culture.(4) Domain IV. Professional Practices and Responsibilities, which includes the following dimensions:(A) professional demeanor and ethics;(B) goal setting;(C) professional development; and(D) school community involvement.(b) The evaluation of each of the dimensions identified in subsection (a) of this section shall consider all data generated in the appraisal process. The data for the appraisal of each dimension shall be gathered from pre-conferences, observations, post-conferences, end-of-year conferences, the Goal-Setting and Professional Development Plan process, and other documented sources.(c) Each teacher shall be evaluated on the 16 dimensions in Domain I or Alternate Domain I and Domains II-IV identified in subsection (a) of this section using the following categories:(1) distinguished;(2) accomplished;(3) proficient;(4) developing; and(5) improvement needed.(d) Beginning with the 2017-2018 school year, each teacher appraisal shall include the performance of teachers' students, as defined in §150.1001(f)(2) of this title (relating to General Provisions).(e) Beginning with the 2024-2025 school year, teachers may be appraised using Domain I or Alternate Domain I based on the alignment of teacher responsibilities to lesson planning or lesson internalization.(f) If calculating a single overall summative appraisal score for teachers, the performance of teachers' students, as defined in §150.1001(f)(2) of this title, shall count for at least 20% of a teacher's summative score.(g) Each teacher shall be evaluated on the performance of teachers' students using one of the terms from the following categories:(1) distinguished or well above expectations;(2) accomplished or above expectations;(3) proficient or at expectations;(4) developing or below expectations; or(5) improvement needed or well below expectations.</content><note type="source"><p>Source Note: The provisions of this §150.1002 adopted to be effective July 1, 2016, 41 TexReg 2957; amended to be effective February 6, 2024, 49 TexReg 543.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1003"><num value="150.1003">§150.1003</num><heading>Appraisals, Data Sources, and Conferences</heading><content>(a) Each teacher must be appraised each school year, except as provided by subsection (l) of this section. Whenever possible, an appraisal shall be based on the teacher's performance in fields and teaching assignments for which he or she is certified.(b) The annual teacher appraisal, or full appraisal, shall include:(1) a completed and appraiser-approved Goal-Setting and Professional Development Plan that shall be:(A) submitted to the teacher's appraiser within the first six weeks from the day of completion of the Texas Teacher Evaluation and Support System (T-TESS) orientation, as described in §150.1006 of this title (relating to Teacher Orientation), for teachers in their first year of appraisal under the T-TESS or for teachers new to the district; or(B) initially drafted in conjunction with the teacher's end-of-year conference from the previous year, revised as needed based on changes to the context of the teacher's assignment during the current school year, and submitted to the teacher's appraiser within the first six weeks of instruction; and(C) maintained throughout the course of the school year by the teacher to track progress in the attainment of goals and participation in professional development activities detailed in the approved plan;(D) shared with the teacher's appraiser prior to the end-of-year conference; and(E) used after the end-of-year conference in the determination of ratings for the goal setting and professional development dimensions of the T-TESS rubric;(2) for a teacher in the first year of appraisal under the T-TESS or for teachers new to the district, a Goal-Setting and Professional Development Plan conference prior to the teacher submitting the plan to the teacher's appraiser;(3) after a teacher's first year of appraisal under the T-TESS within the district, an observation pre-conference conducted prior to announced observations;(4) at least one classroom observation of a minimum of 45 minutes, as described in subsection (g) of this section, with additional walk-throughs and observations conducted at the discretion of the certified appraiser and in accordance with the Texas Education Code, §21.352(c-1). Additional observations and walk-throughs do not require an observation post-conference. Additional observations and walk-throughs do require a written summary if the data gathered during the additional observation or walk-through will impact the teacher's summative appraisal ratings, in which case the written summary shall be shared within 10 working days after the completion of the additional observation or walk-through. Section 150.1004 of this title (relating to Teacher Response and Appeals) applies to a written summary of an additional observation or walk-through that will impact the teacher's summative appraisal ratings;(5) an observation post-conference that:(A) shall be conducted within 10 working days after the completion of an observation;(B) is diagnostic and prescriptive in nature;(C) includes a written report of the rating of each dimension observed that is presented to the teacher only after a discussion of the areas for reinforcement and areas for refinement; and(D) can allow for, at the discretion of the appraiser, a revision to an area for reinforcement or refinement based on the post-conference discussion with the teacher;(6) cumulative data, as described in subsection (f) of this section, from written documentation collected regarding job-related teacher performance in addition to formal classroom observations;(7) an end-of-year conference that:(A) reviews the appraisal data collected throughout the current school year and previous school years, if available;(B) examines and discusses the evidence related to the teacher's performance on the four dimensions of Domain IV of the T-TESS rubric, as described in §150.1002(a)(4) of this title (relating to Assessment of Teacher Performance);(C) examines and discusses evidence related to the performance of teachers' students, as defined in §150.1001(f)(2) of this title (relating to General Provisions), when available; and(D) identifies potential goals and professional development activities for the teacher for the next school year; and(8) a written summative annual appraisal report to be provided to the teacher within 10 working days of the conclusion of the end-of-year conference.(c) A teacher may be given advance notice of the date or time of an observation, but advance notice is not required.(d) Each school district shall establish a calendar for the appraisal of teachers and provide that calendar to teachers within three weeks from the first day of instruction. The appraisal period for each teacher must include all of the days of a teacher's contract. Observations during the appraisal period must be conducted during the required days of instruction for students during one school year. The appraisal calendar shall:(1) exclude observations in the two weeks following the day of completion of the T-TESS orientation in the school years when an orientation is required, as described in §150.1006 of this title; and(2) indicate a period for end-of-year conferences that ends no later than 15 working days before the last day of instruction for students.(e) During the appraisal period, the certified appraiser shall evaluate and document teacher performance specifically related to the domain criteria, as identified in §150.1002(a) of this title, and the performance of teachers' students, as defined in §150.1001(f)(2) of this title.(f) The certified appraiser is responsible for documentation of the cumulative data identified in subsection (b)(6) of this section. Any third-party information from a source other than the certified appraiser that the certified appraiser wishes to include as cumulative data shall be verified and documented by the certified appraiser. Any documentation that will influence the teacher's summative annual appraisal report must be shared in writing with the teacher within 10 working days of the certified appraiser's knowledge of the occurrence. The principal shall also be notified in writing of the cumulative data when the certified appraiser is not the teacher's principal.(g) By written, mutual consent of the teacher and the certified appraiser, the required minimum of 45 minutes of observation may be conducted in shorter time segments. The time segments must aggregate to at least 45 minutes.(h) A written summative annual appraisal report shall be shared with the teacher no later than 15 working days before the last day of instruction for students. The written summative annual appraisal report shall be placed in the teacher's personnel file by the end of the appraisal period.(i) An end-of-year conference shall be held within a time frame specified on the school district calendar, no later than 15 working days before the last day of instruction for students. The end-of-year conference shall focus on the data and evidence gathered throughout the appraisal year; the teacher's efforts as they pertain to Domain IV, as identified in §150.1002(a) of this title; the results of the performance of teachers' students, when available, as defined in §150.1001(f)(2) of this title; and the potential goals and professional development plans, as identified in subsection (b) of this section, for the following year. The written summative annual appraisal report shall be shared with the teacher within 10 working days following the conclusion of the end-of-year conference but no later than 15 working days before the last day of instruction.(j) In cases where the certified appraiser is not an administrator on the teacher's campus, as defined in §150.1005(b) of this title (relating to Appraiser Qualifications), either the principal, assistant principal, or another supervisory staff member designated as an administrator on the campus must participate in the end-of-year conference.(k) Any documentation collected after the end-of-year conference but before the end of the contract term during one school year may be considered as part of the appraisal of a teacher. If the documentation affects the teacher's evaluation in any dimension, another summative report shall be developed to inform the teacher of the change(s).(l) Except as otherwise provided by this subsection, a full appraisal must be done at least once during each school year. A teacher may receive a full appraisal less frequently if the teacher agrees in writing and the teacher's most recent full appraisal resulted in the teacher receiving summative ratings of at least proficient on nine of the sixteen dimensions identified in §150.1002(a) of this title and did not identify any area of deficiency, defined as a rating of Improvement Needed or its equivalent, on any of the sixteen dimensions identified in §150.1002(a) of this title or the performance of teachers' students, as defined in §150.1001(f)(2) of this title. A teacher who receives a full appraisal less than annually must receive a full appraisal at least once during each period of five school years.(1) District policy may stipulate:(A) whether the option to receive a full appraisal less frequently than annually is to be made available to teachers;(B) whether the option to receive a full appraisal less frequently than annually is to be adopted districtwide or is to be campus specific;(C) if the appraisal accompanying a teacher new to a district or campus meets the option as specified in this subsection, whether the appraisal is to be accepted or whether that teacher is to be appraised by the new campus administrator; and(D) whether a certified appraiser may place a teacher on the traditional appraisal cycle as a result of performance deficiencies documented in accordance with subsections (b)(6) and (f) of this section.(2) A school district may choose annually to review the written agreement to have less frequent full appraisals with the teacher. However, at the conclusion of the school year, the district may modify appraisal options through board policy and may make changes to expectations for appraisals that apply to all teachers regardless of a teacher's participation in the appraisal option in the previous year(s).(3) In a year in which a teacher does not receive a full appraisal due to meeting the requirements identified in this subsection, a teacher shall participate in:(A) the Goal-Setting and Professional Development Plan process, as identified in subsection (b)(1) of this section;(B) the performance of teachers' students, as defined in §150.1001(f)(2) of this title; and(C) a modified end-of-year conference that addresses:(i) the progress on the Goal-Setting and Professional Development Plan;(ii) the performance of teachers' students, as defined in §150.1001(f)(2) of this title; and(iii) the following year's Goal-Setting and Professional Development plan.</content><note type="source"><p>Source Note: The provisions of this §150.1003 adopted to be effective July 1, 2016, 41 TexReg 2957.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1004"><num value="150.1004">§150.1004</num><heading>Teacher Response and Appeals</heading><content>(a) A teacher may submit a written response or rebuttal at the following times:(1) for Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title (relating to Assessment of Teacher Performance), after receiving a written observation summary or any other written documentation related to the ratings of those three domains; or(2) for Domain IV, as identified in §150.1002(a) of this title, and for the performance of teachers' students, as defined in §150.1001(f)(2) of this title (relating to General Provisions), after receiving a written summative annual appraisal report.(b) Any written response or rebuttal must be submitted within 10 working days of receiving a written observation summary, a written summative annual appraisal report, or any other written documentation associated with the teacher's appraisal. A teacher may not submit a written response or rebuttal to a written summative annual appraisal report for the ratings in Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title, if those ratings are based entirely on observation summaries or written documentation already received by the teacher earlier in the appraisal year for which the teacher already had the opportunity to submit a written response or rebuttal.(c) A teacher may request a second appraisal by another certified appraiser at the following times:(1) for Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title, after receiving a written observation summary with which the teacher disagrees; or(2) for Domain IV, as identified in §150.1002(a) of this title, and for the performance of teachers' students, as defined in §150.1001(f)(2) of this title, after receiving a written summative annual appraisal report with which the teacher disagrees.(d) The second appraisal must be requested within 10 working days of receiving a written observation summary or a written summative annual appraisal report. A teacher may not request a second appraisal by another certified appraiser in response to a written summative annual appraisal report for the ratings of dimensions in Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title, if those ratings are based entirely on observation summaries or written documentation already received by the teacher earlier in the appraisal year for which the teacher already had the opportunity to request a second appraisal.(e) A teacher may be given advance notice of the date or time of a second appraisal, but advance notice is not required.(f) The second appraiser shall make observations and walk-throughs as necessary to evaluate the dimensions in Domain I or Alternate Domain I, Domain II, and Domain III or shall review the Goal-Setting and Professional Development Plan for evidence of goal attainment and professional development activities, when applicable. Cumulative data may also be used by the second appraiser to evaluate other dimensions.(g) Each school district shall adopt written procedures for determining the selection of second appraisers. These procedures shall be disseminated to each teacher at the time of employment and updated annually or as needed.</content><note type="source"><p>Source Note: The provisions of this §150.1004 adopted to be effective July 1, 2016, 41 TexReg 2957; amended to be effective February 6, 2024, 49 TexReg 543.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1005"><num value="150.1005">§150.1005</num><heading>Appraiser Qualifications</heading><content>(a) The teacher appraisal process requires at least one certified appraiser.(b) Under the Texas Teacher Evaluation and Support System (T-TESS), a campus administrator includes a principal, an assistant principal, an administrator who holds a comparable administrator/supervisor certificate established by the State Board for Educator Certification, or supervisory staff whose job description includes the appraisal of teachers and who is not a classroom teacher. Only in the event of the circumstances identified in subsection (d) of this section may an individual other than a campus administrator act as a certified appraiser.(c) Before conducting an appraisal, an appraiser must be certified by having satisfactorily completed the state-approved T-TESS appraiser training and having passed the T-TESS certification examination, and must have received Instructional Leadership Training (ILT), Instructional Leadership Development (ILD), or Advancing Educational Leadership (AEL) certification. Appraisers without ILT, ILD, or AEL certification before January 1, 2016, may not take ILT or ILD to satisfy this requirement. Periodic recertification and training shall be required.(d) An individual other than a campus administrator may act as a certified appraiser if:(1) the individual has been certified by completing the training required under subsection (c) of this section prior to conducting appraisals; and(2) in the case where the certified appraiser is a classroom teacher, the certified appraiser:(A) conducts appraisals at the same school campus at which the certified appraiser teaches if the certified appraiser is the chair of a department or grade level whose job description includes classroom observation responsibilities; or(B) does not conduct appraisals of classroom teachers who teach at the same campus as the certified appraiser if the certified appraiser is not a department or grade-level chair.</content><note type="source"><p>Source Note: The provisions of this §150.1005 adopted to be effective July 1, 2016, 41 TexReg 2957.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1006"><num value="150.1006">§150.1006</num><heading>Teacher Orientation</heading><content>(a) A school district shall ensure that a teacher is provided with an orientation of the Texas Teacher Evaluation and Support System (T-TESS) no later than the final day of the first three weeks of school and at least two weeks before the first observation when:(1) the teacher is new to the district;(2) the teacher has never been appraised under the T-TESS; or(3) district policy regarding teacher appraisal has changed since the last time the teacher was provided with an orientation to the T-TESS.(b) The teacher orientation shall be conducted in a face-to-face setting during a district's first year of T-TESS implementation and include all state and local appraisal policies and the local appraisal calendar. In addition to the orientation, campuses may hold other sessions sufficient in length allowing teachers to actively participate in a discussion of the T-TESS specifics and to have their questions answered.</content><note type="source"><p>Source Note: The provisions of this §150.1006 adopted to be effective July 1, 2016, 41 TexReg 2957.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1007"><num value="150.1007">§150.1007</num><heading>Alternatives to the Commissioner's Recommended Appraisal System</heading><content>(a) District option. A school district that does not choose to use the commissioner's recommended appraisal system must develop its own teacher appraisal system supported by locally adopted policy and procedures and by the processes outlined in the Texas Education Code (TEC), §21.352.(1) The school district-level planning and decision-making committee shall:(A) develop an appraisal process;(B) develop evaluation criteria, including discipline management and performance of the teacher's students; and(C) consult with the campus planning and decision-making committee on each campus in the school district.(2) The appraisal process shall include:(A) at least one appraisal each year, or less frequently if in accordance with the TEC, §21.352(c);(B) a conference between the teacher and the appraiser that is diagnostic and prescriptive with regard to remediation needed in overall performance by category; and(C) criteria based on observable, job-related behavior, including:(i) the teacher's implementation of discipline management procedures, as defined in §150.1001(f)(1) of this title (relating to General Provisions); and(ii) beginning with the 2017-2018 school year, the performance of teachers' students, as defined in §150.1001(f)(2) of this title.(3) The school district-level planning and decision-making committee shall submit the appraisal process and criteria to the superintendent, who shall submit the appraisal process and criteria to the school district board of trustees with a recommendation to accept or reject. The school district board of trustees may accept or reject an appraisal process and performance criteria, with comments, but may not modify the process or criteria.(b) Campus option. A campus within a school district may choose to develop a local system as provided in this subsection.(1) The campus planning and decision-making committee shall:(A) develop an appraisal process;(B) develop evaluation criteria, including discipline management and performance of the teacher's students; and(C) submit the process and criteria to the district-level planning and decision-making committee.(2) The appraisal process shall include:(A) at least one appraisal each year, or less frequently if in accordance with the TEC, §21.352(c);(B) a conference between the teacher and the appraiser that is diagnostic and prescriptive with regard to remediation needed in overall performance by category; and(C) criteria based on observable, job-related behavior, including:(i) the teacher's implementation of discipline management procedures, as defined in §150.1001(f)(1) of this title; and(ii) beginning with the 2017-2018 school year, the performance of teachers' students, as defined in §150.1001(f)(2) of this title.(3) Upon submission of the appraisal process and criteria to the school district-level planning and decision-making committee, the committee shall make a recommendation to accept or reject the appraisal process and criteria and transmit that recommendation to the superintendent.(4) The superintendent shall submit the recommended campus appraisal process and criteria, the school district-level planning and decision-making committee's recommendation, and the superintendent's recommendation to the school district board of trustees. The school district board of trustees may accept or reject, with comments, an appraisal process and performance criteria, but may not modify the process or criteria.</content><note type="source"><p>Source Note: The provisions of this §150.1007 adopted to be effective July 1, 2016, 41 TexReg 2957.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1008"><num value="150.1008">§150.1008</num><heading>District Submissions to Regional Education Service Center</heading><content>(a) The superintendent shall notify the executive director of its regional education service center in writing of the district's choice of appraisal system when using an alternative to the commissioner's recommended appraisal system and detail the components of that system by the first day of instruction for the school year in which the alternative system is used.(b) Each school district shall submit annually to its regional education service center a summary of the campus-level evaluation scores from the Texas Teacher Evaluation and Support System, or the district's locally adopted appraisal system, in a manner prescribed by the commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §150.1008 adopted to be effective July 1, 2016, 41 TexReg 2957.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1012"><num value="150.1012">§150.1012</num><heading>Local Optional Teacher Designation System</heading><content>(a) General provisions.(1) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(A) Beginning of course--The first nine weeks of a year-long course or the first six weeks of a semester course.(B) Charter school--A Texas public school that meets one of the following criteria:(i) is operated by a charter holder under an open-enrollment charter granted either by the State Board of Education or commissioner of education pursuant to Texas Education Code (TEC), §12.101, identified with its own county district number;(ii) has a charter granted under TEC, Chapter 12, Subchapter C, and is eligible for benefits under TEC, §11.174 and §48.252; (iii) has a charter granted under TEC, §29.259, and Human Resources Code, §221.002; or(iv) has a charter granted under TEC, §11.157(b).(C) Classroom teacher--An educator, as defined by TEC, §5.001, who is employed by a school district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical instructional setting. This term does not include an educational aide or a full-time administrator.(D) Data capture year--The school year in which the teacher observation and student growth measure data is collected based on the accepted local teacher designation system.(E) Designated teacher--An exemplary, master, or recognized teacher.(F) Eligible teaching assignment--An assignment based on campus, subject taught, or grade taught.(G) End of course--The last twelve weeks of a year-long course or the last six weeks of a semester course.(H) National Board certification--Certification issued by the National Board for Professional Teaching Standards.(I) Provisional approval--Conditional approval of a school district local optional teacher designation system that would require resubmission of system review, data validation, additional required documentation, video submission, and/or other technical assistance for further data submission.(J) Reliability--The degree to which an instrument used to measure teacher performance and student growth produces stable and consistent results.(K) Rural--A campus within a school district with fewer than 5,000 enrolled students that is categorized as a rural, non-metropolitan: stable, or non-metropolitan: fast growing district type by the Texas Education Agency (TEA); a campus within a school district with fewer than 5,000 enrolled students categorized as rural by the National Center for Education Statistics; or a campus defined in TEC, §48.112(a)(1). (L) School district--The definition of a school district includes charter schools as defined in subparagraph (B) of this paragraph. (M) Student growth--Student academic progress achieved in response to the pedagogical practices of teachers, as measured at the individual teacher level by one or more measures of student growth aligned to the standards of the course.(N) Teacher category--One or more eligible teaching assignments evaluated with the same teacher observation rubric, student growth measure, and optional components and weighting as defined in a district's local designation system.(O) Teacher observation--One or more observations of a teacher instructing students for a minimum of 45 minutes or multiple observations that aggregate to at least 45 minutes.(P) Texas Student Data System (TSDS)--Data collected annually during the Class Roster Winter Submission.(Q) Validity--The degree to which an instrument used to measure teacher performance and student growth measures what it is intended to measure.(2) Fees for teacher incentive allotment teacher designation and system renewal. A school district requesting approval of a teacher designation system or renewal of such a system shall pay the applicable fees listed in subparagraphs (A) and (B) of this paragraph. The following fees must be paid by the district and cannot be paid by the teachers submitted for designation:(A) a $500 fee for each teacher submitted for designation to TEA; and(B) a $2,500 system renewal fee for districts where all campuses meet the definition of rural pursuant to paragraph (1)(K) of this subsection the year prior to renewal application submission or a $10,000 system renewal fee for districts where not all campuses meet the definition of rural pursuant to paragraph (1)(K) of this subsection.(b) Teacher eligibility.(1) Teachers eligible to earn or receive designations under an approved local optional teacher designation system must meet the following requirements:(A) the teacher is employed by the recommending school district or charter partner pursuant to subsection (a)(1)(B)(ii) or (iv) of this section in a role ID coded as 087 (Teacher) and corresponding class roles of 01, 02, or 03, if applicable, in TSDS for 90 days at 100% of the day (equivalent to four and one-half months or a full semester) or 180 days at 50-99% of the day and compensated for that employment. A charter partner operating under subsection (a)(1)(B)(ii) or (iv) of this section is required to report teacher-level data in TSDS or provide teacher-level data to its partner school district for reporting by the district in TSDS;(B) the teacher was employed by the recommending school district or charter partner pursuant to subsection (a)(1)(B)(ii) or (iv) of this section during the year the teacher's effectiveness was collected in alignment with the recommended designation;(C) the teacher is not currently designated under a local optional teacher designation system, unless the teacher is being recommended for a higher designation; and(D) the teacher does not have a suspension, revocation, permanent surrender, or surrender of a certificate issued by the State Board for Educator Certification and is not found on the registry of persons not eligible for employment in public schools under TEC, §22.092, and Chapter 153, Subchapter EE, of this title (relating to Commissioner's Rules Concerning Registry of Persons Not Eligible for Employment in Public Schools).(2) School districts are eligible to receive funding for each designated teacher if the teacher meets the requirements in paragraph (1)(A) of this subsection for each district. TEA may exercise administrative discretion to determine the eligibility of a teacher if a district disputes TSDS data. Disputes must be received by TEA by the second Friday in May each year; however, TEA may exercise administrative discretion to allow disputes to be considered outside of this timeline.(c) Application procedures and approval process.(1) The following provisions apply to applications submitted under this section.(A) If TEA determines that an application or resubmission is incomplete, TEA may provide the applicant with notice of the deficiency and an opportunity to submit missing required information. If the missing required information is not submitted within seven business days after the original submission deadline, the application will be denied.(B) If TEA determines that a system application does not meet the standards established under TEC, §21.3521, and this section, TEA shall permit the applicant to resubmit the application by June 30. If no resubmission is made by the deadline, the application will be denied.(C) Applicants that are determined to meet the standards established under TEC, §21.3521 and §48.112, and the requirements of the statutorily based framework provided in the figure in this subparagraph shall be approved.Attached Graphic(D) Applications that are determined to meet the standards established under TEC, §21.3521 and §48.112, and this section shall be approved for an initial term of five years. Applications that are determined to need ongoing support may result in provisional approval.(2) The application shall include the following for each eligible teaching assignment:(A) components of a local system for issuing designations, including:(i) a teacher observation component that contains:(I) a plan for calibration, using the rubric approved under subclause (II) of this clause, that includes congruence among appraisers, a review of teacher observation data and the correlation between teacher observation and student growth data, and implementation of next steps; and(II) an approved teacher observation rubric including the Texas Teacher Evaluation and Support System, Marzano's Teacher Evaluation Model and rubric created by the National Institute for Excellence in Teaching and The Danielson Group, or another rubric that is based on observable, job-related behaviors that are described with progressive descriptors for each dimension, including alignment to §149.1001 of this title (relating to Teacher Standards) and a clear proficiency indicator. A school district may be required to provide teacher observation videos if the ratings cannot be verified from the data submitted; and(ii) a specified student growth component by measure and/or assessment that:(I) if using a student learning objective, is aligned to the Texas Student Learning Objectives (SLO) process described on the TEA website for SLOs at https://texasslo.org;(II) if using a portfolio method, demonstrates that student work is aligned to the standards of the course, demonstrates mastery of standards, utilizes a skills proficiency rubric, and includes criteria for scoring various artifacts;(III) if using school district- or teacher-created assessments, is aligned to the standards of the course and conforms to a district rubric for district- or teacher-created assessments. A school district must approve district- or teacher-created assessments for the purpose of determining student growth by using a district process and rubric for approval of such assessments. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course;(IV) if using a school district- or teacher-created assessment in conjunction with a third-party assessment, is aligned to the standards of the course and conforms to a district rubric for district- or teacher-created assessments. A school district must approve district- or teacher-created assessments for the purpose of determining student growth by using a district process and rubric for approval of such assessments. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course;(V) if using third-party assessments with third-party accompanying growth targets, is aligned to the standards for the course and contains questions that cover a range of student skill levels. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course; or(VI) if using third-party assessments with district-created growth targets, is aligned to the standards of the course and contains questions that cover a range of student skill levels. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course. Mid-year data may be used in instances where the student was not present for the beginning of course administration.(B) test administration processes for all student growth that will lead to validity and reliability of results, including:(i) test security protocols;(ii) testing windows;(iii) testing accommodations; and(iv) annual training for test administrators; and(C) data for all teachers in eligible teaching assignments, including student growth, and observation data for all teachers in eligible teaching assignments for the data capture year in alignment with TEC, §21.351 or §21.352. Multi-year data shall include student growth and observation data from the same year and teacher category. Single-year data shall include student growth and observation data from the same teacher category. TEA may exercise administrative discretion regarding the requirements of this subparagraph in situations in which data is difficult to provide due to circumstances beyond a district's control and the district would otherwise be unable to provide sufficient data for application consideration.(d) System expansion, spending modifications, and changes. (1) School districts must apply for approval through the system application process the year prior to implementation if:(A) adding new eligible teaching assignments or campuses (if started with less than all campuses in the district);(B) adding a new teacher observation rubric;(C) changing a previously approved teacher observation rubric;(D) adding new student growth measures;(E) changing the student growth measure used by an eligible teaching assignment;(F) adding or changing the third-party assessment used in a student growth measure;(G) adding or changing the type of assessment used in a student growth measure;(H) removing a student growth measure used by an eligible teaching assignment;(I) removing an eligible teaching assignment; or(J) modifying a district's spending plan. TEA may exercise administrative discretion to allow spending modifications outside of the approval timeline outlined in this subsection.(2) TEA may exercise administrative discretion to allow system changes outlined in this subsection outside of the approval timeline outlined in this subsection in situations in which TEA determines that the application timeline is unfeasible due to circumstances beyond a district's control, causing the district to be unable to implement its current system with fidelity.(e) Monitoring and annual program submission of approved local designation systems.(1) For the program submission, approved school districts shall submit the following information regarding a local teacher designation system and associated spending:(A) the distribution of allotment funds from the previous school year in accordance with the funding provisions of subsection (g) of this section;(B) a response and implementation plan to annual surveys developed by TEA administered to teachers, campus principals, and human resources personnel gauging the perception of a school district's local designation system; and(C) teacher observations and student growth measure data for all teachers in eligible teaching assignments if school districts are submitting new teacher designations collected in alignment with §150.1003(b)(5) and (l)(3) of this title (relating to Appraisals, Data Sources, and Conferences). TEA reserves the right to request data for the purposes of performance evaluation and investigation based on data review outcomes. TEA may exercise administrative discretion in circumstances where data is difficult to provide and a district would otherwise be unable to provide sufficient data for application consideration.(2) Outcomes of the annual program submission may lead to a review, pursuant to TEC, §48.272(e), and subject to the period of review limitation in TEC, §48.272(f), of the local optional designation system that may be conducted at any time at the discretion of TEA staff.(f) Continuing approval and renewal.(1) Approved local optional teacher designation systems are subject to review at least once every five years. However, a review may be conducted at any time at the discretion of TEA. The renewal application is required in a district's fourth year after the system application is accepted and will follow the process and requirements outlined in subsection (c) of this section.(A) Charter management organizations that operate approved systems with multiple campus district numbers shall submit an application for each system at the time of required renewal.(B) Systems with provisional approval in a district's fourth year shall renew in the year after receiving system approval.(2) Approval of local optional designation systems are voidable by TEA for one or more of the following reasons:(A) failure to fulfill all local optional designation system requirements as defined in this section;(B) failure to comply with annual program submission requirements;(C) failure to comply with the provisions of TEC, §21.3521 and §48.112;(D) failure to implement the local optional teacher designation system as approved by TEA;(E) failure to remove district employees from the designation determination process who have a conflict of interest and acted in bad faith to influence designations; or(F) at the discretion of the commissioner.(3) Approval of individual teacher designations are voidable by TEA for one or more of the following reasons:(A) a teacher has not fulfilled all designation requirements; (B) the school district at which the designation was earned has had its local optional designation system voided;(C) the National Board for Professional Teaching Standards revokes a National Board certification that provided the basis for a teacher's designation;(D) the suspension, revocation, permanent surrender, or surrender of a certificate issued by the State Board for Educator Certification to a designated teacher;(E) the addition of the designated teacher to the registry of persons not eligible for employment in public schools under TEC, §22.092, and Chapter 153, Subchapter EE, of this title;(F) the district issued a designation in bad faith by not removing a district employee from the designation determination process who had a conflict of interest; or(G) at the discretion of the commissioner.(g) Funding.(1) State funding.(A) School districts will receive teacher incentive allotment funds based on prior-year estimates. The final amount will be based on data from the current school year as provided in subparagraph (D) of this paragraph. Any difference from the estimated amount will be addressed as part of the Foundation School Program settle-up process according to the provisions in TEC, §48.272.(B) A school district is eligible to earn the base allotment for each designated teacher assigned to a zero-enrollment campus, a campus with fewer than 20 students, a juvenile justice alternative education program, a disciplinary alternative education program, a residential facility, or central administration if the designated teacher meets the requirements in subsection (b)(2) of this section, plus the multiplier based on the school district's average student point value and rural status, if applicable.(C) Funding for teachers who work at multiple campuses shall be calculated and split equally among the campuses where the employee is working in a role coded as 087 (Teacher) in TSDS at each campus.(D) Designated teacher campus and district of employment shall be determined annually by data collected in TSDS.(E) School districts shall annually verify and confirm teacher designations and corresponding allotments.(F) TEA may exercise administrative discretion to redirect or recalculate funds to the district where the designated teacher works if a district disputes TSDS data. Disputes must be received by the second Friday in May each year; however, TEA may exercise administrative discretion to allow disputes to be considered outside of this timeline.(G) The average point value and rural status for the Texas School for the Deaf and the Texas School for the Blind and Visually Impaired will be calculated by utilizing the home districts of the schools' students.(2) Status and use of state funds. A school district that receives teacher incentive allotment funding must comply with the requirements of TEC, §48.112, including the requirement that at least 90% of each allotment must be used for compensation of teachers employed at the campus at which the teacher for whom the district received the allotment is employed. School districts that receive funding for designated teachers employed by the charter partner for charter partnerships pursuant to subsection (a)(1)(B)(ii) or (iv) of this section shall pass along at least 90% of the teacher incentive allotment funding and 100% of fees pursuant to subsection (a)(2) of this section paid by the charter partner to the charter partner. Charter partners and districts shall work together to ensure that the spending requirements of TEC, §48.112, are met.</content><note type="source"><p>Source Note: The provisions of this §150.1012 adopted to be effective July 21, 2020, 45 TexReg 4977; amended to be effective April 6, 2021, 46 TexReg 2233; amended to be effective April 5, 2022, 47 TexReg 1683; amended to be effective March 23, 2023, 48 TexReg 1554; amended to be effective October 1, 2024, 49 TexReg 7906.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1013"><num value="150.1013">§150.1013</num><heading>National Board for Professional Teaching Standards</heading><content>(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Charter school--A Texas public school that meets one of the following criteria:(A) is operated by a charter holder under an open-enrollment charter granted either by the State Board of Education or commissioner of education pursuant to Texas Education Code (TEC), §12.101, identified with its own county district number;(B) has a charter granted under TEC, Chapter 12, Subchapter C, and is eligible for benefits under TEC, §11.174 and §48.252;(C) has a charter granted under TEC, §29.259, and Human Resources Code, §221.002; or(D) has a charter granted under TEC, §11.157(b).(2) Classroom teacher--An educator who is employed by a school or district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical instructional setting. This term does not include an educational aide or a full-time administrator.(3) National Board certification--Certification issued by the National Board for Professional Teaching Standards.(4) School district--The definition of a school district includes charter schools as defined in paragraph (1) of this subsection.(b) Eligibility.(1) Teachers with current National Board certification are eligible for a recognized designation starting in the 2020-2021 school year if the teacher:(A) is employed by a school district or charter partner pursuant to subsection (a)(1)(B) or (D) of this section in a role ID coded as 087 (Teacher) and corresponding class roles of 01, 02, or 03, if applicable, in the Texas Student Data System (TSDS). A charter partner operating under subsection (a)(1)(B) or (D) of this section is required to report teacher-level data in TSDS or provide teacher-level data to their partner school district for reporting by the district in TSDS;(B) registers his or her National Board certification in Texas in the National Board Certified Teacher directory by January 31 each year; and(C) does not have a suspension, revocation, permanent surrender, or surrender of a certificate issued by the State Board for Educator Certification and is not found on the registry of persons not eligible for employment in public schools under TEC, §22.092, and Chapter 153, Subchapter EE, of this title (relating to Commissioner's Rules Concerning Registry of Persons Not Eligible for Employment in Public Schools).(2) Teachers who are designated as recognized based on paragraph (1) of this subsection are eligible to earn and receive designations under §150.1012 of this title (relating to Local Optional Teacher Designation System).(3) Beginning with the 2020-2021 school year, the first year of recognized designation will be the year in which the National Board certification was earned. For National Board certifications earned prior to the 2020-2021 school year, the first year of the recognized designation will be the 2020-2021 school year unless the 2020-2021 school year is the last year of National Board certification.(4) The last valid year of the recognized designation is the last school year in which the National Board certification is valid unless the teacher earned a designation in a local optional teacher designation system under §150.1012 of this title, in which case the later of last year of designation applies.(5) School districts are eligible to receive funding for a designated teacher if the teacher has been or will be employed by the school district receiving the funding or charter partner operating pursuant to subsection (a)(1)(B) or (D) of this section in a role ID coded as 087 (Teacher) and corresponding class roles of 01, 02, or 03, if applicable, in TSDS for 90 days at 100% of the day (equivalent to four and one-half months or a full semester) or 180 days at 50-99% of the day and compensated for that employment. A charter partner operating under subsection (a)(1)(B) or (D) of this section is required to report teacher-level data in TSDS or provide teacher-level data to its partner school district for reporting by the district in TSDS.(c) Reimbursement.(1) Beginning in the 2020-2021 school year, school districts may request reimbursement for the following eligible National Board fees paid under TEC, §21.3521, by the district or the teacher with National Board certification when National Board certification has been successfully earned:(A) renewal fees up to $1,250;(B) certification fees up to $1,900;(C) maintenance of certification fees up to $495; and(D) fees for initial, renewed, or maintenance National Board certifications earned on or after the 2019-2020 school year.(2) School districts requesting National Board certification reimbursement shall establish a process to ensure that teachers with National Board certification have received from the school district full reimbursement of eligible fees paid by the teacher before the school district can be reimbursed by Texas Education Agency (TEA). Charter partners operating pursuant to subsection (a)(1)(B) or (D) of this section without a county-district number will be reimbursed through their district. Charter partners and districts shall work together to ensure that the spending requirements of TEC, §48.112, are met.(3) School districts are not required to apply to TEA for approval of National Board certification-based designations.(d) The requirements of §150.1012(g)(1) and (2) of this title apply to funding referenced in this section.</content><note type="source"><p>Source Note: The provisions of this §150.1013 adopted to be effective July 21, 2020, 45 TexReg 4977; amended to be effective April 5, 2022, 47 TexReg 1683; amended to be effective March 23, 2023, 48 TexReg 1554.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scAA/s150.1014"><num value="150.1014">§150.1014</num><heading>Teacher Designation Performance Standards</heading><content>(a) Teacher designations shall be determined by:(1) a teacher meeting a minimum average appraisal score based on:(A) Domains II and III of the Texas Teacher Evaluation and Support System (T-TESS), as specified in §150.1002 of this title (relating to Assessment of Teacher Performance), measured on a scale of 1-5 with minimum dimension scores of proficient, as specified in §150.1002(c)(3) of this title; or(B) a locally developed rubric with a score equivalent to the score specified in subparagraph (A) of this paragraph, as determined by Texas Education Agency (TEA); and(2) a minimum percentage of the teacher's students meeting or exceeding expected growth targets.(b) Teacher designations shall be assigned in accordance with subsection (a) of this section using the following categories.(1) Recognized. A recognized designation shall be determined by:(A) a teacher generally meeting a minimum average score of 3.7 across Domains II and III of the T-TESS or equivalent score on a locally developed rubric as determined by TEA; and(B) generally a minimum of 55% of the teacher's students meeting or exceeding expected growth targets.(2) Exemplary. An exemplary designation shall be determined by:(A) a teacher generally meeting a minimum average score of 3.9 across Domains II and III of the T-TESS or equivalent score on a locally developed rubric as determined by TEA; and(B) generally a minimum of 60% of the teacher's students meeting or exceeding expected growth targets.(3) Master. A master designation shall be determined by:(A) a teacher generally meeting a minimum average score of 4.5 across Domains II and III of the T-TESS or equivalent score on a locally developed rubric as determined by TEA; and(B) generally a minimum of 70% of the teacher's students meeting or exceeding expected growth targets.</content><note type="source"><p>Source Note: The provisions of this §150.1014 adopted to be effective October 20, 2020, 45 TexReg 7424.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c150/scBB"><num value="BB">SUBCHAPTER BB</num><heading>ADMINISTRATOR APPRAISAL</heading><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1021"><num value="150.1021">§150.1021</num><heading>General Provisions for Principal Appraisal</heading><content>(a) All school districts have two choices in selecting a method to appraise principals: a principal appraisal system recommended by the commissioner of education or a local principal appraisal system.(b) The commissioner's recommended principal appraisal system, the Texas Principal Evaluation and Support System (T-PESS), was developed in accordance with the Texas Education Code (TEC), §21.3541.(c) The superintendent of each school district, with the approval of the school district board of trustees, may select the T-PESS. Each school district wanting to select or develop an alternative principal appraisal system must follow the TEC, §21.3541, and §150.1026 of this title (relating to Alternatives to the Commissioner's Recommended Principal Appraisal System).(d) The commissioner may designate a regional education service center to serve as the T-PESS certification provider for the state. The designated regional education service center may collect appropriate fees under the TEC, §8.053, from school districts and open-enrollment charter schools for training and certification.(e) Sections 150.1022 through 150.1025 of this title apply only to the T-PESS and not to local principal appraisal systems.</content><note type="source"><p>Source Note: The provisions of this §150.1021 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1022"><num value="150.1022">§150.1022</num><heading>Assessment of Principal Performance</heading><content>(a) Each principal shall be appraised on the following standards and indicators of the Texas Principal Evaluation and Support System (T-PESS) rubric that is aligned to the Texas Administrator Standards in Chapter 149 of this title (relating to Commissioner's Rules Concerning Educator Standards).(1) Standard I. Instructional Leadership, which includes four indicators;(2) Standard II. Human Capital, which includes four indicators;(3) Standard III. Executive Leadership, which includes four indicators;(4) Standard IV. School Culture, which includes five indicators; and(5) Standard V. Strategic Operations, which includes four indicators.(b) The evaluation of each of the standards and indicators identified in subsection (a) of this section shall consider all data generated in the appraisal process.(c) Each principal shall be evaluated on the attainment and progress toward at least one goal, as referenced in §150.1023 of this title (relating to Appraisals, Data Sources, and Conferences). At least one goal shall be focused on the improvement of the principal's practice, as captured in the T-PESS rubric indicators and descriptors.(d) If calculating a single overall summative appraisal score for principals, the rating for the attainment of goals, as referenced in subsection (c) of this section, shall count for:(1) at least 20% of a principal's summative score for a principal who has served at least one year in his or her role on the same campus; or(2) at least 30% of a principal's summative score for a principal who is in his or her first year as principal on a particular campus.(e) Each principal shall be evaluated on each of the 21 indicators in Standards I-V identified in subsection (a) of this section and on the attainment of each goal, as referenced in subsection (c) of this section, using the following categories:(1) distinguished;(2) accomplished;(3) proficient;(4) developing; and(5) improvement needed.(f) Beginning with the 2017-2018 school year, each principal appraisal shall include the campus-level academic growth or progress of the students enrolled at the principal's campus.(g) If calculating a single overall summative appraisal score for principals, the measure of student growth or progress, as referenced in subsection (f) of this section, shall count for:(1) at least 20% of a principal's summative score for a principal who has served two or more years in his or her role on the same campus;(2) at least 10% of a principal's summative score for a principal who has served one year in his or her role on the same campus; or(3) may not be included in calculating a single overall summative appraisal score for a principal who is in his or her first year as principal on a particular campus.(h) Each principal shall be evaluated on student growth or progress using one of the terms from the following categories:(1) distinguished;(2) accomplished;(3) proficient;(4) developing; or(5) improvement needed.</content><note type="source"><p>Source Note: The provisions of this §150.1022 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1023"><num value="150.1023">§150.1023</num><heading>Appraisals, Data Sources, and Conferences</heading><content>(a) Each principal must be appraised annually.(b) The annual principal appraisal shall include:(1) at least one appraiser-approved goal that shall be:(A) initially drafted in conjunction with the principal's end-of-year conference from the previous year, as applicable, revised as needed based on changes to the context of the principal's assignment at the beginning of the current school year, and submitted to the principal's appraiser; and(B) maintained throughout the course of the school year by the principal to track progress in the attainment of goals and the actions taken to achieve the goals;(C) shared with the principal's appraiser prior to the end-of-year conference; and(D) used after the end-of-year conference in the determination of ratings for the attainment of goals;(2) a pre-evaluation conference prior to the principal submitting his or her goals to the principal's appraiser;(3) a mid-year conference to determine and discuss progress toward the attainment of goals;(4) an end-of-year conference that:(A) reviews data collected throughout the current school year and previous school years, if available;(B) examines and discusses the artifacts and evidence related to the principal's performance on the 21 indicators of Texas Principal Evaluation and Support System rubric and the attainment of goals, as described in §150.1022 of this title (relating to Assessment of Principal Performance);(C) examines and discusses evidence related to student growth or progress measures, as described in §150.1022(f)-(h) of this title, when available; and(D) identifies potential goals and professional development activities for the principal for the next school year; and(5) a written summative annual appraisal report to be provided to the principal after the conclusion of the end-of-year conference.(c) Each school district shall establish a calendar for the appraisal of principals and provide that calendar to principals prior to the pre-evaluation conference.(d) The written summative annual appraisal report shall be placed in the principal's personnel file by the end of the appraisal period.(e) Any documentation collected after the end-of-year conference but before the end of the contract term during one school year may be considered as part of the appraisal of a principal. If the documentation affects the principal's evaluation in any indicator, the attainment of goals, or a measure of student growth or progress, another summative report shall be developed to inform the principal of the change(s) prior to the end of the contract term.</content><note type="source"><p>Source Note: The provisions of this §150.1023 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1024"><num value="150.1024">§150.1024</num><heading>Appraiser Qualifications</heading><content>(a) The principal appraisal process requires at least one certified appraiser.(b) Before conducting an appraisal, an appraiser must be certified by having satisfactorily completed the state-approved Texas Principal Evaluation and Support System. Periodic recertification and training may be required.</content><note type="source"><p>Source Note: The provisions of this §150.1024 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1025"><num value="150.1025">§150.1025</num><heading>Principal Orientation</heading><content>(a) A school district shall ensure that a principal is provided with an orientation of the Texas Principal Evaluation and Support System (T-PESS) either prior to or in conjunction with the pre-evaluation conference, as referenced in §150.1023(b)(2) of this title (relating to Appraisals, Data Sources, and Conferences) when:(1) the principal is new to the district;(2) the principal has never been appraised under the T-PESS; or(3) district policy regarding principal appraisal has changed since the last time the principal was provided with an orientation to the T-PESS.(b) The principal orientation shall include all state and local appraisal policies and the local appraisal calendar.</content><note type="source"><p>Source Note: The provisions of this §150.1025 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1026"><num value="150.1026">§150.1026</num><heading>Alternatives to the Commissioner's Recommended Principal Appraisal System</heading><content>A school district that does not choose to use the commissioner's recommended Texas Principal Evaluation and Support System must develop its own principal appraisal system supported by locally adopted policy and procedures and by the processes outlined in the Texas Education Code (TEC), §21.3541.</content><note type="source"><p>Source Note: The provisions of this §150.1026 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1027"><num value="150.1027">§150.1027</num><heading>District Submissions to Regional Education Service Center</heading><content>(a) The superintendent shall notify the executive director of its regional education service center in writing of the school district's choice of appraisal system when using an alternative to the commissioner's recommended appraisal system and detail the components of that system by the first day of instruction for the school year in which the alternative system is used.(b) Each school district shall submit annually to its regional education service center a summary of the evaluation scores from the Texas Principal Evaluation and Support System or the district's locally adopted appraisal system, in a manner prescribed by the commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §150.1027 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c150/scBB/s150.1028"><num value="150.1028">§150.1028</num><heading>Appraisal of Campus Administrators other than Principals</heading><content>(a) Each school district shall evaluate campus administrators other than principals annually.(b) A school district may use the Texas Principal Evaluation and Support System (T-PESS) to appraise campus administrators other than principals provided the school district makes appropriate modifications to ensure that the T-PESS rubric and components fit the job descriptions of the campus administrators other than principals evaluated with the T-PESS.(c) Each school district wanting to select or develop a local appraisal system for campus administrators other than principals must follow the TEC, §21.354(c)(2).</content><note type="source"><p>Source Note: The provisions of this §150.1028 adopted to be effective July 1, 2016, 41 TexReg 4009.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c150/scCC"><num value="CC">SUBCHAPTER CC</num><heading>SUPERINTENDENT APPRAISAL</heading><section identifier="/us/state/tx/tac/t19/p2/c150/scCC/s150.1031"><num value="150.1031">§150.1031</num><heading>General Provisions for Superintendent Appraisal</heading><content>(a) All school districts have the following two choices in selecting a method to appraise superintendents:(1) a superintendent appraisal system recommended by the commissioner of education; or(2) a local superintendent appraisal system.(b) In addition to other procedures and criteria determined by the school district board of trustees, the commissioner's recommended appraisal process and criteria for a superintendent shall include, at a minimum:(1) an annual evaluation of the superintendent; and(2) a student performance domain.(c) Completion of the Lone Star Governance superintendent evaluation may satisfy the requirements of subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §150.1031 adopted to be effective July 30, 2017, 42 TexReg 3642; amended to be effective January 24, 2019, 44 TexReg 333.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c151"><num value="151">CHAPTER 151</num><heading>COMMISSIONER'S RULES CONCERNING PASSING STANDARDS FOR EDUCATOR CERTIFICATION EXAMINATIONS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c151/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p2/c151/sc/s151.1001"><num value="151.1001">§151.1001</num><heading>Passing Standards</heading><content>(a) As required by the Texas Education Code, §21.048(a), the commissioner of education shall determine the satisfactory level of performance for each educator certification examination and require a satisfactory level of performance on each core subject covered by an examination. The figures in this section identify the passing standards established by the commissioner for educator certification examinations.(b) The figures in this subsection identify the passing standards established by the commissioner for classroom teacher examinations. (1) The figure in this paragraph identifies the passing standards for early childhood through Grade 6 examinations.Attached Graphic(2) The figure in this paragraph identifies the passing standards for Grades 4-8 examinations.Attached Graphic(3) The figure in this paragraph identifies the passing standards for secondary mathematics and science examinations.Attached Graphic(4) The figure in this paragraph identifies the passing standards for secondary English language arts and social studies examinations. Attached Graphic(5) The figure in this paragraph identifies the passing standards for speech and journalism examinations.Attached Graphic(6) The figure in this paragraph identifies the passing standards for fine arts examinations.Attached Graphic(7) The figure in this paragraph identifies the passing standards for health and physical education examinations.Attached Graphic(8) The figure in this paragraph identifies the passing standards for computer science and technology applications examinations.Attached Graphic(9) The figure in this paragraph identifies the passing standards for career and technical education examinations.Attached Graphic(10) The figure in this paragraph identifies the passing standards for bilingual examinations.Attached Graphic(11) The figure in this paragraph identifies the passing standards for languages other than English (LOTE) examinations.Attached Graphic(12) The figure in this paragraph identifies the passing standards for special education examinations.Attached Graphic(13) The figure in this paragraph identifies the passing standards for supplemental examinations.Attached Graphic(14) The figure in this paragraph identifies the passing standards for pedagogy and professional responsibilities examinations.Attached Graphic(15) The figure in this paragraph identifies the passing standards for content certification examinations.Attached Graphic(c) The figure in this subsection identifies the passing standards established by the commissioner for student services examinations. Attached Graphic(d) The figure in this subsection identifies the passing standards established by the commissioner for administrator examinations. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §151.1001 adopted to be effective September 1, 2017, 42 TexReg 4304; amended to be effective July 28, 2019, 44 TexReg 3632; amended to be effective October 15, 2019, 44 TexReg 5902; amended to be effective January 19, 2021, 46 TexReg 455; amended to be effective September 6, 2021, 46 TexReg 5549; amended to be effective May 10, 2022, 47 TexReg 2749; amended to be effective December 12, 2022, 47 TexReg 8113; amended to be effective October 8, 2024, 49 TexReg 8086; amended to be effective August 31, 2025, 50 TexReg 5468.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c152"><num value="152">CHAPTER 152</num><heading>COMMISSIONER'S RULES CONCERNING EXAMINATION REQUIREMENTS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c152/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p2/c152/sc/s152.1001"><num value="152.1001">§152.1001</num><heading>Exceptions to Examination Requirements for Individuals Certified Outside the State</heading><content>(a) General provisions. Texas Education Code (TEC), §21.052(a-1), permits the commissioner of education to adopt rules establishing exceptions to the examination requirements prescribed by TEC, §21.052(a)(3), for an educator from outside the state, including military service members, military spouses, and military veterans, to obtain a certificate in Texas.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics and includes the following: superintendent, principal, classroom teacher, school counselor, school librarian, educational diagnostician, reading specialist, and master teacher.(2) Educator--An individual who is required to hold a certificate issued under TEC, Chapter 21, Subchapter B.(3) Educator from outside the state--An applicant certified outside of Texas who has successfully completed all requirements for issuance of licensure in another state or country.(4) Equivalent--Covering a majority of the same grade level and subject or assignment area as certificates issued by the State Board for Educator Certification.(5) Examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's certification as an educator.(6) Military service member--A person who is on active duty.(7) Military spouse--A person who is married to a military service member.(8) Military veteran--A person who has served on active duty and who was discharged or released from active duty.(9) Professional class certificate--A term that refers to certificates for duties other than classroom teacher (e.g., superintendent, principal, school counselor, school librarian, educational diagnostician, and reading specialist).(10) Standard certificate--A type of certificate issued to an individual who has met all requirements for a given class of certification as a classroom teacher.(11) Texas review of credentials--An internal process completed by Texas Education Agency (TEA) to confirm an applicant certified outside of Texas meets general requirements for certification specified in Chapter 230, Subchapter H, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries) and to identify the certificate areas the applicant is eligible to pursue in Texas.(c) Minimum requirements.(1) An applicant must meet the following general requirements for certification to be considered for an exception to the examinations, other than the Science of Teaching Reading TExES examination, required for issuance of state licensure:(A) obtain a bachelor's degree from an institution of higher education that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(B) complete a state-approved educator preparation program, or preparation program for licensure in another country, including student teaching or a teaching practicum, in the state or country where the standard certificate was issued;(C) have the following required years of experience as an educator:(i) for standard certificate applicants, at least one academic year of verifiable, full-time experience in the certification class for which the applicant is seeking certification; or(ii) for professional class certificate applicants, at least two academic years of verifiable, full-time experience in the certification class for which the applicant is seeking certification;(D) demonstrate proficiency as an educator by either:(i) passing the examinations required by the state department of education or country of licensure for issuance of the standard certificate; or(ii) having three or more years of verifiable, full-time experience in the certificate class for which the applicant is applying; and(E) hold a standard certificate issued by the state department of education or country of licensure that is equivalent to a Texas standard classroom or professional class certificate and that has not been revoked, suspended, or sanctioned for misconduct and is not pending disciplinary or adverse action.(2) In addition to the requirements of paragraph (1) of this subsection, to be considered for an exception to the required Science of Teaching Reading TExES examination, an applicant must fulfill the following requirements:(A) hold a certificate that is equivalent to a Texas certificate for which the Science of Teaching Reading TExES examination is required as a content pedagogy examination under §230.21 of this title (relating to Educator Assessment); and(B) submit documentation from a test provider or the state department of education of passing performance on a stand-alone assessment that requires demonstration of proficiency in the five components of scientifically based reading instruction (phonemic awareness, phonics, fluency, vocabulary, and comprehension) that was taken to meet licensure requirements in one of the following states:(i) Alabama;(ii) Alaska;(iii) Arkansas;(iv) California;(v) Colorado;(vi) Connecticut;(vii) Florida;(viii) Indiana;(ix) Maryland;(x) Massachusetts;(xi) Michigan;(xii) Minnesota;(xiii) Mississippi;(xiv) New Hampshire;(xv) New Mexico;(xvi) North Carolina;(xvii) Ohio;(xviii) Oklahoma;(xix) Pennsylvania;(xx) Tennessee;(xxi) Virginia;(xxii) Washington;(xxiii) West Virginia; or(xxiv) Wisconsin.(3) An applicant from outside the state who meets requirements specified in paragraph (1) of this subsection must apply online for a review of credentials by the TEA prior to being considered for an exception to the examination requirements for state licensure. Once all required documentation has been submitted by the applicant and reviewed and verified by TEA staff, the applicant will be issued an exception to the examination requirements by the TEA in accordance with minimum requirements established by the commissioner as specified in this section.</content><note type="source"><p>Source Note: The provisions of this §152.1001 adopted to be effective May 3, 2018, 43 TexReg 2585; amended to be effective April 27, 2021, 46 TexReg 2820; amended to be effective January 10, 2023, 48 TexReg 45.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c153"><num value="153">CHAPTER 153</num><heading>SCHOOL DISTRICT PERSONNEL</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c153/scAA"><num value="AA">SUBCHAPTER AA</num><heading>COMMISSIONER'S RULES CONCERNING SCHOOL DISTRICT PERSONNEL DUTIES AND BENEFITS</heading><section identifier="/us/state/tx/tac/t19/p2/c153/scAA/s153.1001"><num value="153.1001">§153.1001</num><heading>Duty-Free Lunch</heading><content>(a) For the purposes of Texas Education Code, §21.405, a school district shall use the guidelines in this section to determine what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance.(b) A personnel shortage exists when, despite reasonable efforts of a school district to use nonteaching personnel or the assistance of community volunteers to supervise students during lunch, there are no other personnel available.(c) Extreme economic conditions exist when the percentage of a local tax increase, including any amounts necessary to implement this section, would place the district in jeopardy with respect to a potential tax roll-back election as provided in the Texas Property Tax Code, §26.08.(d) Unavoidable or unforeseen circumstances exist when, due to illness, epidemic, or natural or man-made disaster, a school district is unable to find an individual to supervise students during lunch.</content><note type="source"><p>Source Note: The provisions of this §153.1001 adopted to be effective August 12, 1996, 21 TexReg 7263.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c153/scBB"><num value="BB">SUBCHAPTER BB</num><heading>COMMISSIONER'S RULES CONCERNING PROFESSIONAL DEVELOPMENT</heading><section identifier="/us/state/tx/tac/t19/p2/c153/scBB/s153.1011"><num value="153.1011">§153.1011</num><heading>Mentor Program Allotment</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Beginning teacher--A classroom teacher in Texas who has less than two years of teaching experience in the subject or grade level to which the teacher is assigned.(2) Classroom teacher--An educator who is employed by a school district in Texas and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical instructional setting. The term does not include a teacher's aide or a full-time administrator. For purposes of this section, a classroom teacher includes an educator who may not yet hold a certificate issued under Texas Education Code (TEC), Chapter 21, Subchapter B.(3) Mentor teacher--An individual who serves or has served as a teacher in Texas who provides effective support to help beginning teachers successfully transition into the teaching assignment. The term does not include an appraiser as defined by TEC, §21.351.(4) School district--For the purposes of this section, the definition of school district includes open-enrollment charter schools.(5) Teacher--A superintendent, principal, supervisor, classroom teacher, school counselor, or other school district employee who provides direct instructional support to other teachers.(6) Teacher of record--An educator who is employed by a school or district and who teaches in an academic instructional setting or a career and technical instructional setting and is responsible for evaluating student achievement and assigning grades.(b) Program requirements. In order for a district mentor program to receive funds through the mentor program allotment, as described in TEC, §48.114, the program must be approved by the commissioner of education using the application and approval process described in subsection (c) of this section. To be approved by the commissioner, district mentor programs must comply with TEC, §21.458, and commit to meet the following requirements.(1) Mentor selection. A district must:(A) prioritize the selection of current classroom teachers as mentor teachers using clear selection criteria, protocols, and hiring processes that align with requirements of this paragraph and TEC, §21.458, and retain documentation of such processes locally; and(B) select mentor teachers who:(i) complete a research-based mentor and induction training program approved by the commissioner;(ii) complete a mentor training program provided by the district;(iii) have at least three complete years of teaching experience with a superior record of assisting students, as a whole, in achieving improvement in student performance. Districts may use the master, exemplary, or recognized designations under TEC, §21.3521, to fulfill this requirement;(iv) demonstrate interpersonal skills, instructional effectiveness, and leadership skills;(v) have expertise, to the extent practicable, in effective instructional practices specifically for the grade levels and subjects to which the beginning teacher is assigned; and(vi) have experience as a classroom teacher in the past three years.(2) Mentor assignment. School districts must agree to assign no more than:(A) two beginning teachers to a mentor who serves as a teacher of record for, on average, four or more hours per instructional day;(B) four beginning teachers to a mentor who serves as a teacher of record for, on average, less than four hours per instructional day; or(C) fifteen beginning teachers to an individual who serves as a full-time mentor.(3) District mentor training program. A school district must:(A) provide training to mentor teachers and any appropriate district and campus employees, including principals, assistant principals, and instructional coaches, who work with a beginning teacher or supervise a beginning teacher;(B) ensure that mentor teachers and any appropriate district and campus employees are trained before the beginning of the school year;(C) provide supplemental training that includes best mentorship practices to mentor teachers and any appropriate district and campus employees throughout the school year, minimally once per semester; and(D) provide training for a mentor assigned to a beginning teacher who is hired after the beginning of the school year by the 45th day of employment of the beginning teacher.(4) District roles and responsibilities. A school district must designate a specific time during the regularly contracted school day for meetings between mentor teachers and the beginning teachers they mentor, which must abide by the mentor and beginning teachers' entitled planning and preparation requirements in TEC, §21.404, and the provisions of paragraph (5)(A) of this subsection.(5) Meetings between mentors and beginning teachers. A mentor teacher must:(A) meet with each beginning teacher assigned to the mentor not less than 12 hours each semester, with observations of the mentor teacher or other highly effective teachers by the beginning teacher being mentored or observations of the beginning teacher being mentored by the mentor teacher counting toward the 12 hours each semester; and(B) address the following topics in mentoring sessions with the beginning teacher being mentored:(i) orientation to the context, policies, and practices of the school district, including:(I) campus-wide student culture routines;(II) district and campus teacher evaluation systems;(III) campus curriculum and curricular resources, including formative and summative assessments; and(IV) campus policies and practices related to lesson planning or lesson internalization;(ii) data-driven instructional practices;(iii) specific instructional coaching cycles, including coaching regarding conferences between parents and the beginning teacher;(iv) professional development; and(v) professional expectations.(c) Application approval process. The Texas Education Agency (TEA) will provide an application and approval process for school districts to apply for mentor program allotment funding. Funding will be limited based on availability of funds. The application shall address the requirements of TEC, §21.458, and include:(1) the timeline for application and approval;(2) approval criteria, including the minimum requirements necessary for an application to be eligible for approval; and(3) criteria used to determine which districts would be eligible for funding.(d) Ongoing verification of compliance with program requirements.(1) Each year, participating districts will be required to submit or participate in a verification of compliance with program requirements through a process to be described in the application form. The verification of compliance will include:(A) an annual compliance report, submitted by the district, attesting to compliance with authorizing statute and commissioner rule. The report is to include the number of beginning teachers for whom the district used funds received under TEC, §48.114; and(B) surveys administered not more than twice yearly that may include the district's beginning teachers, mentor teachers, and any appropriate district and campus employees who work with beginning teachers for whom funds were used under TEC, §48.114. The surveys will be used to gather data on program implementation and teacher perceptions.(2) Failure to comply with TEC, §21.458, and this section after receiving an allotment may result in TEA rescinding eligibility of a district's current or future mentor program allotment funding.(e) Allowable expenditures. Mentor program allotment funds may only be used for the following:(1) mentor teacher stipends;(2) release time for mentor teachers and beginning teachers limited to activities in accordance with this section; and(3) mentoring support through providers of mentor training.(f) District mentor program review. School districts awarded mentor program allotment funds must agree to submit all information requested by TEA through periodic activity/progress reports, which will occur at least once per year. Reports will be due no later than 45 calendar days after receipt of the information request and must contain all requested information in the format prescribed by the commissioner.(g) Final decisions. Commissioner decisions regarding eligibility for mentor program allotment funds are final and appeals to the commissioner regarding such decisions will not be considered.</content><note type="source"><p>Source Note: The provisions of this §153.1011 adopted to be effective June 28, 2020, 45 TexReg 4192; amended to be effective July 20, 2021, 46 TexReg 4301; amended to be effective February 6, 2024, 49 TexReg 545.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scBB/s153.1013"><num value="153.1013">§153.1013</num><heading>Suicide Prevention Training</heading><content>(a) All school districts and open-enrollment charter schools shall provide suicide prevention training as required by the Texas Education Code (TEC), §21.451(d), to all new school district and open-enrollment charter school educators as a part of new employee orientation during the 2016-2017 school year.(b) Each subsequent school year, school districts and open-enrollment charter schools shall provide suicide prevention training as required by the TEC, §21.451(d), to all new school district and open-enrollment charter school educators as a part of new employee orientation.(c) All school districts and open-enrollment charter schools shall provide suicide prevention training as required by the TEC, §21.451(d), to all currently employed school district and open-enrollment charter school educators on or by September 30, 2016.(d) Suicide prevention training that is required by the TEC, §21.451(d), and was provided to existing educators by a school district or open-enrollment charter school on or after September 1, 2013, may be used to meet the requirements of this section if the training program is on the recommended best practice-based list maintained by the Department of State Health Services (DSHS), in coordination with the Texas Education Agency (TEA), or is an online program that meets the TEA guidelines for independent review.(e) In accordance with the Health and Safety Code, §161.325, school districts shall maintain records that include the name of each educator who participated in the suicide prevention training.(f) Open-enrollment charter schools are encouraged to maintain suicide prevention training records that include the name of each educator who participated in the suicide prevention training.</content><note type="source"><p>Source Note: The provisions of this §153.1013 adopted to be effective April 17, 2016, 41 TexReg 2748.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scBB/s153.1015"><num value="153.1015">§153.1015</num><heading>Mental Health Training</heading><content>(a) Definition. Evidence-based mental health training program means a program designed to provide instruction on mental health practices and procedures using current, practical, and applicable research that includes information and strategies shown to have effective, positive outcomes.(b) Evidence-based mental health training program requirements.(1) This section implements Texas Education Code (TEC), §22.904 (Mental Health Training). School districts may be eligible for reimbursement as specified in subsection (h) of this section.(2) To complete the evidence-based mental health training program under this section, personnel who regularly interact with students as determined under subsection (c) of this section shall:(A) participate and complete the required content in subsection (d) of this section;(B) participate and complete the required content in subsection (e) of this section;(C) submit and maintain supporting documentation of completion as described in subsection (f) of this section;(D) participate and complete the mental health training program one time as required by TEC, §22.904, and this section; and(E) participate and complete the mental health training program in accordance with the school district's professional development policy described in subsection (d)(8) of this section.(c) Personnel required to complete the evidence-based mental health training program.(1) A school district shall require each district employee who regularly interacts with students enrolled at the district to complete an evidenced-based mental health training program that is designed to provide instruction regarding the recognition and support of children and youth who experience mental health or substance use issues that may pose a threat to school safety.(2) School district employees who regularly interact with students are employees working on a school campus, including, but not limited to, teachers, coaches, librarians, instructional coaches, counselors, nurses, administration, administrative support personnel, student support personnel, school resource officers, paraprofessionals, substitutes, custodians, cafeteria staff, bus drivers, crossing guards, and district special programs liaisons. Special programs liaisons may include, but are not limited to, individuals who provide support for students who are homeless or in substitute care, military connected students, and emergent bilingual students; individuals involved in the prevention of child maltreatment and human trafficking; individuals who support special education services; and members of a Safe and Supportive Schools Program Team.(A) A school district will determine the number of employees who regularly interact with students for purposes of compliance with this section using the requirements in this subsection and ensure that training is provided for the number and percentage of personnel in accordance with the timeline in subsection (g) of this section.(B) A school district may, at its discretion, require contracted personnel who regularly interact with students to participate in the training.(C) A school district may, at its discretion, require supervisors of personnel who regularly interact with students to participate in the training.(d) General training program required content.(1) A school district may select an evidence-based mental health training course that is on the recommended lists provided by the Texas Education Agency (TEA), the Texas Health and Human Services Commission (HHSC), or an education service center (ESC) that is designated specifically on the list as a mental health training course that is compliant under this section.(2) A school district may not require a district employee to complete the training required by this section if the employee has previously completed the Youth Mental Health First Aid (YMHFA) or Mental Health First Aid (MHFA) course provided by a local mental health authority (LMHA), a local behavioral health authority (LBHA), an ESC, or a YMHFA or MHFA trainer certified to teach those courses by the National Council on Mental Wellbeing if the employee provides the certificate of completion to the school district in accordance with the timeline established in subsection (g) of this section.(3) If a school district selects an evidence-based mental health training course that is not designated as compliant for this purpose on the recommended lists provided by TEA, HHSC, or an ESC, the school district may review and select the course to satisfy the training requirement only if the course delivers instruction in the competencies under subparagraphs (A)-(J) of this paragraph with training materials that provide evidence-based information, practices and strategies, sufficient instructional time, and rigorous methods to appropriately address and assess the competencies for the participants who are expected to complete the mental health training course under this section, and only if the course provides employees with the following evidence-based information, practices, and strategies:(A) awareness and understanding of mental health and substance use prevalence data;(B) knowledge, skills, and abilities for implementing mental health prevention and substance use prevention in a school to protect the health and safety of students and staff, including strategies to prevent harm or violence to self or others that may pose a threat to school safety;(C) awareness and introductory understanding of typical child development, adverse childhood experiences, grief and trauma, risk factors, the benefits of early identification and early intervention for children who may have potential mental health challenges and substance use concerns, and evidence-supported treatment and self-help strategies;(D) awareness and understanding of mental health promotive and protective factors and strategies to deploy them for students in the school environment;(E) experiential activities designed to:(i) increase the participant's understanding of the impact of mental illness on individuals and families, skills for listening respectfully, and strategies for supporting the individual and family in a mental health crisis;(ii) encourage help-seeking to obtain appropriate professional care; and(iii) identify professional care, other supports, and self-help strategies for mental health and substance use challenges;(F) knowledge, skills, and abilities to recognize risk factors and warning signs for early identification of students who may potentially have mental health challenges or substance use concerns in alignment with TEC, §38.351, and evidence-based information;(G) knowledge, skills and abilities to support a student when potential mental health concerns or early warning signs are identified, including effective strategies for teachers to support student mental health in the classroom, including students with intellectual or developmental disabilities who may have co-occurring mental health challenges;(H) knowledge, skills, and abilities to respectfully notify and engage with a child's parent or guardian regarding potential early warning signs of mental health or substance use concerns and make recommendations so a parent or guardian can seek help for their child;(I) knowledge of school-based and community-based resources and referrals to connect families to services and support for student mental health, including early intervention in a crisis situation that may involve risk of harm to self or others; and(J) knowledge of strategies to promote mental health and wellness for school staff.(4) In addition to the basic mental health training course under paragraph (2) or (3) of this subsection, school districts may provide more specialized mental health training opportunities for personnel with specific school mental health and safety related roles and responsibilities to strengthen their capacity to:(A) plan for and monitor a continuum of evidence-based school mental and behavioral health related services and supports;(B) deliver practical, evidence-based practices and research-based programs that may include resources recommended by TEA, HHSC, or ESCs to strengthen training, procedures, and protocols designed to promote student mental health and wellness, to prevent harm or violence to self or others, and to prevent threats to school safety;(C) intervene effectively to engage parents or guardians and caregivers with practical evidence-based practices and programs, including in mental and behavioral health related crisis situations;(D) facilitate referral pathways that connect parents, guardians, and caregivers to school-based or community-based mental health assessment, counseling, treatment, and related support services for students and families with effective coordination of efforts across systems;(E) support students with intellectual or developmental disabilities who may have co-occurring mental health and behavioral health challenges and their families;(F) facilitate mental health safety planning at schools, including suicide prevention and intervention;(G) coordinate back-to-school transition plans from mental health or substance use treatment or from a discipline alternative education program when a mental health or substance use challenge has been identified;(H) collaborate within a community system of care to support students and their families, including assistance offered through organizations such as LMHAs, LBHAs, HHSC, hospitals, school-based and community-based clinics, out of school time programs, non-profit mental health and faith-based groups, family partner services, the juvenile justice system, the child welfare system, the Texas Child Mental Health Care Consortium, and community resource coordination groups;(I) establish partnerships and referral pathways with school-based and community-based mental health service providers and engage resources that may be available to the school, including resources that are identified by TEA, state agencies, or an ESC in the Texas School Mental Health Resources Database in accordance with TEC, Chapter 38, and which may include services that are delivered by telehealth or telemedicine;(J) support classroom educators with job-embedded training, coaching, and consultation on supporting student mental health and wellness and preventing youth violence; and(K) establish strategies and support plans to promote mental health and wellness for all school staff.(5) The training in this section may be combined or coordinated with suicide prevention, intervention, and postvention training, but it does not replace that required training.(6) The training in this section may be combined or coordinated with grief and trauma informed care practices training, but it does not replace the required trauma informed training under TEC, §38.036. The training may be combined to include up to three required mental health training topics under TEC, §38.351, and as cited in TEC, §21.451(d-1)(2), at the discretion of the local school district.(7) The training may be delivered by an instructor who is qualified to instruct participants using the training materials with sufficient instructional time and rigorous methods to address and assess the competencies for completing the training course approved by a school district under paragraphs (3)(A)-(J) or (4)(A)-(K) of this subsection, including, but not limited to, a licensed mental health professional, and through various modalities, such as face-to-face delivery, synchronous online learning, or hybrid or blended formats, and it may include job-embedded learning and coaching strategies for evidence-based implementation support.(8) For alignment, a school district must consider the recommendations from the State Board for Educator Certification Clearinghouse on providing mental health training per TEC, §21.451; develop a local policy on what training will be provided; and determine the training frequency for personnel required to be trained.(e) Training program required content related to local school district practices and procedures.(1) For applicability of the course content in subsection (d) of this section to local school district context, the personnel who regularly interact with students must be informed of the local district practices and procedures for mental health promotion required by TEC, §38.351(i), concerning each of the following areas listed in TEC, §38.351(c), including where multiple areas are listed together, in accordance with TEC, §38.351(j):(A) early mental health prevention and intervention;(B) building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making;(C) substance abuse prevention and intervention;(D) suicide prevention, intervention, and postvention;(E) grief-informed and trauma-informed practices;(F) positive school climates;(G) positive behavior interventions and supports;(H) positive youth development; and(I) safe, supportive, and positive school climate.(2) If the school district also develops practices and procedures for providing educational material to all parents and families in the district that contain information on identifying risk factors, accessing resources for treatment or support provided on and off campus, and accessing available student accommodations provided on campus in accordance with TEC, §38.351(i-1), personnel who regularly interact with students must also be informed of those practices and procedures.(f) Documentation.(1) School districts shall require each district employee to provide the certificate of completion of the training content in subsection (d) of this section to the school district.(2) Documentation of the training content described in subsection (e) of this section may be satisfied when the employee submits to the district an acknowledgement form signed by the employee who received the current training and a copy of local procedures and practices that are published in the district handbook and/or district improvement plan.(3) Documentation of training for the mental health training program, including the name of the training course, along with supporting documentation confirming that the training course abides by the requirements outlined in subsection (d)(3)(A)-(J) and (4)(A)-(K) of this section and documentation under this subsection, must be kept by the school district and made available to TEA upon request, which may include a reporting process, for the duration of the employee's employment with the district.(g) Timeline.(1) At least 25% of the applicable district employees shall be trained before the start of the 2025-2026 school year.(2) At least 50% of the applicable school district employees shall be trained before the start of the 2026-2027 school year.(3) At least 75% of the applicable school district employees shall be trained before the start of the 2027-2028 school year.(4) 100% of the applicable district employees shall be trained before the start of the 2028-2029 school year.(A) When calculating the percentage of staff to be trained, the denominator is the number of school district employees who regularly interact with students who are required under subsection (c) of this section to receive mental health training.(B) The percentages in this subsection shall be calculated using the number of school district employees who regularly interact with students and are employed by the district as of September 1 in any given school year.(C) The number and percentage of employees and the procedure for making the determination under this subsection and subsection (c) of this section must be made available upon request by TEA.(h) Mental health training reimbursement.(1) If funds are appropriated, an allotment shall be provided to assist local school districts in complying with this section.(2) The amount of the allotment provided to school districts under this subsection may not exceed the allowable costs incurred by the district for completing the required training.(3) The funding shall be used to assist the school district in complying with the section and should include only the costs incurred by the district from employees' travel, training fees, and compensation for time spent completing the required training. Substitute pay, travel costs such as mileage and lodging, and cost of materials are eligible for this reimbursement.(4) School districts may use the funding for training fees, travel expenses, and material costs for employees to attend trainer of trainer courses that allow staff to facilitate trainings for their district that meet the requirements set out in this section.(5) TEA may proportionally reduce each school district's allotment if the amount appropriated is insufficient to pay for all costs incurred by districts under this subsection.(6) School districts shall maintain an accounting of funding and documentation on expenses for the allocated funds and make the accounting of expenses available as requested by TEA.</content><note type="source"><p>Source Note: The provisions of this §153.1015 adopted to be effective December 2, 2024, 49 TexReg 9749.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c153/scCC"><num value="CC">SUBCHAPTER CC</num><heading>COMMISSIONER'S RULES ON CREDITABLE YEARS OF SERVICE</heading><section identifier="/us/state/tx/tac/t19/p2/c153/scCC/s153.1021"><num value="153.1021">§153.1021</num><heading>Recognition of Creditable Years of Service</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Accredited institution--A public or private elementary, secondary, or post-secondary institution whose education program has been evaluated and deemed accredited by a state department of education or recognized regional accrediting agency.(2) Charter school--A charter school that has been authorized to operate under the Texas Education Code (TEC), Chapter 12, Subchapter D or E.(3) Assignment--Refers to the actual duties a person has with a school district or other educational entity.(4) Authorized leave--Leave granted under the state's former minimum sick leave program, leave granted under the state's current minimum personal leave program (which includes physical assault leave), or any leave granted under a local leave policy for which the employee is paid as if on regular duty.(5) Certificate--A document issued by the State Board for Educator Certification (SBEC) authorizing the holder to teach in the public elementary and secondary schools of Texas.(6) Certified--Status of a person who holds a valid Texas teaching certificate.(7) Contractual year--The employment period between July 1 and the following June 30.(8) Current valid certificate--A certificate that is or was valid at a given time, including the stipulation that after June 30, 1986, a Texas certificate is valid only if the certified person has successfully passed any certification requirement that was mandated by either the State Board of Education or the SBEC.(9) Faculty status--Employment by a college or university as a member of the professional administrative or instructional staff, not as a graduate assistant, an assistant instructor, or an instructor on a fellowship. Teachers with a valid Texas Standard classroom teaching certificate completing a teacher fellows graduate program through an accredited Texas university and employed at a Texas public school as a classroom teacher beginning July 1, 2015, may be eligible for up to one year of service for salary increment purposes provided the minimum employment requirements specified in subsection (f) of this section are met.(10) Full-time employment--Employment for 100% of an institution's normal work schedule.(11) Full-time equivalency--The amount of time required of a staff member to perform a less than full-time assignment divided by the amount of time required in performing a corresponding full-time assignment. Full-time equivalency of assignment usually is expressed as a decimal fraction to the nearest tenth.(12) Minimum salary--The minimum salary a classroom teacher, full-time librarian, full-time counselor, or full-time school nurse must be paid as prescribed in TEC, Chapter 21.(13) Part-time employment--Employment for less than 100% of an institution's normal work schedule.(14) Professional personnel--Teachers, full-time librarians, full-time counselors, full-time school nurses, other employees who are required to hold a certificate issued under TEC, Chapter 21, Subchapter B, and any other personnel reported by a school district to the Public Education Information Management System with a "professional" role-id.(15) Regional accrediting agency--The recognized regional accrediting agencies are:(A) Southern Association of Colleges and Schools;(B) Middle States Association of Colleges and Schools;(C) North Central Association of Colleges and Schools;(D) New England Association of Schools and Colleges;(E) Western Association of Schools and Colleges;(F) Northwest Accreditation Commission;(G) Northwest Commission on Colleges and Universities;(H) Commission on International and Trans-regional Accreditation;(I) International Baccalaureate Organization;(J) European Council of International Schools/Council of International Schools; and(K) National Council for Private School Accreditation.(16) Salary increments--Increases in salary granted for teaching or work experience.(17) School nurse--An educator employed to provide full-time nursing and health care services and who meets all the requirements to practice as a registered nurse (RN) pursuant to the Nursing Practice Act and the rules and regulations relating to professional nurse education, licensure, and practice, and who has been issued a license to practice professional nursing in Texas.(18) Service--A term of employment measured in school years in an entity in which the employment is recognized for salary increment purposes.(19) State school--A school that is funded by legislative action in the appropriations act. These schools include the Texas School for the Blind, the Texas School for the Deaf, and schools under the jurisdiction of the Texas Department of State Health Services (formerly the Texas Department of Mental Health and Mental Retardation) and the Juvenile Justice Department (formerly known as the Texas Youth Commission).(20) Substitute teacher--A certified teacher who works on call, does not have a full-time assignment, and provides instruction.(21) Teacher service record--The official document used to record years of service and days used and accumulated under the state's former minimum sick leave program or the state's current personal leave program. A service record with a digital signature is only valid for the intended recipient as recorded on the service record. A digital version that includes information from previous employing districts is acceptable if the most recent school district is the designated recipient of the information from the previous districts. The digital service record will not be official if the recipient is the educator; however, upon request the district will provide a copy to the educator in accordance with the TEC, §21.4031(b).(b) Required documentation. The following records on professional personnel must be readily available for review.(1) credentials (certificate or license);(2) service record(s) and any required attachments;(3) contract;(4) teaching schedule or other assignment record; and(5) absence from duty reports.(c) Credentials for professional personnel. The credentials for professional personnel are as follows.(1) A current valid Texas certificate, a special assignment permit, a nonrenewable permit, a non-certified instructor's permit, an emergency teaching permit, or the appropriate licensure from the State of Texas.(2) For special education related service teachers, the credential must be appropriate licensure from the State of Texas.(3) For those special education related service personnel who do not require Texas certification or licensure, proper credentials as described in §89.1131 of this title (relating to Qualifications of Special Education, Related Service, and Paraprofessional Personnel) are required.(d) Teacher service record. The basic document in support of the number of years of professional service claimed for salary increment purposes and both the state's sick and personal leave program data for all personnel is the teacher service record (form FIN-115) or a similar form containing the same information. It is the responsibility of the issuing school district or charter school to ensure that service records are true and correct and that all service recorded on the service record was actually performed.(1) The service record must be validated by a person designated by the school district or charter school to sign service records.(2) Supporting documents are required for service in out-of-state private schools, foreign public and private institutions, the military, and colleges and universities. The type of supporting documentation for each particular entity is prescribed by subsection (h) of this section.(3) If a person is employed by more than one school district or charter school during the same school year, a service record from each employing district or charter school is required.(4) For personnel employed in a year-round school system, the actual dates of employment during that school's calendar must be indicated on the service record. The dates may not necessarily conform to the contractual year as defined by subsection (a) of this section.(5) The service record shall be kept on file at the school district or charter school. When employment with the district or charter school is terminated, the original service record, verified by the employee shall be given to the employee upon request or sent to the next employing school district or charter school. The local school district or charter school must maintain a legible copy for audit purposes. A scanned version of the original service record may be considered official if sent directly from one employing district to another employing district.(6) Cooperative personnel employed by a fiscal agent/manager and itinerant personnel of a cooperative shall be considered to be employees of the fiscal agent/manager and the service record shall be the fiscal agent/manager's responsibility. Personnel employed by a member of a cooperative and assigned to the member are employees of the member and the service record shall be the member's responsibility. (7) Work experience claimed by career and technology education personnel for salary increment purposes as prescribed by subsection (i) of this section must be recorded on a service record.(8) State sick leave balances, days earned, and days used by personnel under the former state's minimum sick leave program and the state's current personal leave program must be recorded on the service record or another similar form containing the same information. State sick leave and state personal leave accumulated in Texas public elementary and secondary schools are transferable among these schools. State personal leave accrued by an employee of a Texas regional education service center, not to exceed five days per each year of employment, is transferable to a Texas public elementary and secondary school. State sick leave and state personal leave accrued by an employee of Harris County Department of Education and Dallas County Schools are transferable to Texas public elementary and secondary schools in accordance with the TEC, §22.003(a). Local leave accrued under the policy of any entity recognized for creditable service under subsection (g) of this section may be transferred to a Texas public elementary or secondary school at the discretion of the employing school district. The service record shall separately state the number of accumulated state days for which the employee is paid, if any, upon separation from the employing district.(9) State days used to purchase additional years of service from the Teacher Retirement System of Texas (TRS) for retirement purposes must be deducted from the balance reflected on the service record.(10) The issuing school district or charter school must submit the service record to the Texas Education Agency upon request.(e) General provisions for years of creditable service. All service claimed for salary increment purposes must meet the requirements in subsections (f)-(h) of this section. The service record and any other required supporting documents must meet the requirements for such records and documentation in this section. All service shall be based on the contractual year (July 1-June 30). No more than one year of experience may be acquired in any one contractual year.(f) Minimum requirements. The table in this subsection indicates the minimum number of days required to earn and receive credit for a year of experience.Attached Graphic(1) For service performed through the 1989-1990 school year, minimum days at less than 100% or at full-time equivalency are applicable only to service in Texas public schools, Texas education service centers, and, beginning in 1978-1979, Texas public colleges and universities.(2) Beginning with service performed during the 1990-1991 school year or any year thereafter, employment at less than 100% of the day is recognized in all entities where full-time employment is recognized, provided that documentation is presented to the employing district which verifies that the employment was for not less than three and one-half hours each day.(3) The 90 days required at 100% of the day for years prior to 1972-1973 may be equivalent to four and one-half months, a full semester, or three six-weeks. Where the school year was less than 180 days for any year prior to 1972-1973, a minimum of 175 days at 50-99% of the day will be accepted, provided that the 175 days constituted two full semesters or six six-weeks.(4) For experience from the 1978-1979 through the 1987-1988 school years, full-time equivalent days equal the total number of days employed at 100% of the day plus days employed at 50-99% of the day divided by two.(5) Beginning with the 1988-1989 school year, full-time equivalent days equal the total number of days employed multiplied by the percent of day actually worked.(6) Beginning with the 1998-1999 school year, the 90 days required at 100% of the day may be equivalent to four and one-half months or a full semester. The 180 days required at 50-99% of the day may be equivalent to 90 full-time equivalent days (percent of day employed multiplied by number of days employed).(7) Extended day migrant program employment shall be calculated in accordance with this section and the resulting equivalent must meet the same minimum requirements for professionals for the year in question.(A) For service prior to the 1970-1971 school year, the days employed in the migrant program shall be multiplied by a factor of 1.37.(B) For service during the 1970-1971 through the 1975-1976 school years, the days employed in the migrant program shall be multiplied by a factor of 1.31.(g) Entities recognized for years of service. Service in any of the entities listed in this subsection shall be recognized for professional personnel. The minimum employment requirements in subsection (f) of this section must be met. Requirements concerning service in each type of entity in subsection (h) of this section must also be met. Professional service in the following entities is creditable: (1) Texas public elementary and secondary schools, including charter schools;(2) State regional education service centers;(3) State departments of education;(4) Texas Department of Corrections--Windham Schools;(5) Public elementary and secondary schools in all other states in the United States or within the boundaries of any of its territorial possessions;(6) Overseas schools operated by the U.S. Government;(7) Texas public or private colleges or universities;(8) Texas private elementary and secondary schools;(9) Texas non-public special education contract schools;(10) Texas Department of State Health Services (formerly the Texas Department of Mental Health and Mental Retardation)--state hospitals and state schools;(11) Texas veterans' vocational schools;(12) Public or private colleges or universities and private elementary and secondary schools in all other states in the United States or within the boundaries of any of its territorial possessions; (13) Foreign public or private colleges or universities, or elementary and secondary schools;(14) U.S. Department of Interior--Bureau of Indian Affairs;(15) U.S. service academies;(16) U.S. military service;(17) Job Corps; and(18) Peace Corps (in a professional capacity only).(h) Requirements. Requirements for entities recognized for professional personnel are as follows:(1) Texas public elementary and secondary schools, including charter schools.(A) Requirements specific to Texas public elementary and secondary schools.(i) All professional personnel must be certified by the State of Texas, must hold the proper state or national licensure as required by the position held, or must have the educational requirements for the job assigned. Regardless of the funding source, classroom teachers, full-time librarians, full-time counselors, and full-time school nurses must be paid at least the minimum salary specified in the Texas State Public Education Compensation Plan.(ii) Professional personnel placed on developmental leaves of absence must be paid at least one-half of their state minimum salary by the school district to receive service credit for increment purposes.(iii) Instructors in Reserve Officer Training Corps (ROTC) programs conducted by local school districts must be certified or hold an emergency teaching permit. An emergency teaching permit need not be renewed as long as the person continues in the ROTC assignment. (iv) Beginning with the 2014-2015 school year, an emergency teaching permit must be reissued annually in accordance with §230.77 of this title (relating to Specific Requirements for Initial Emergency Permits).(v) Beginning July 1, 2015, ROTC instructors who hold the ROTC standard Texas classroom teaching certificate must be paid at least according to the minimum salary schedule. Prior experience serving as an ROTC instructor on an emergency permit shall be recognized for salary increment purposes provided the minimum employment requirements specified in subsection (f) of this section are met for ROTC instructors who obtain a standard Texas classroom teaching certificate.(B) Requirements specific to charter schools.(i) Employment must have been in a professional capacity as defined by subsection (a) of this section.(ii) For salary increment purposes, educators are not required to be certified unless they are serving in special education or bilingual education or are required to be certified in the charter application.(2) State regional education service centers.(A) Personnel employed in cooperatives for which the education service center is acting as fiscal agency must meet the same requirements as personnel employed in Texas public elementary and secondary schools.(B) All other personnel must meet the same requirements as personnel employed in state departments of education.(3) State departments of education. Employment must have been in a professional capacity. For Texas department of education employment, professional positions are defined as personnel employed in positions starting in state pay grade classification B4/A12 and above.(4) Texas Department of Corrections--Windham schools. Requirements in this subsection shall apply.(5) Public elementary and secondary schools in all other states of the United States or within the boundaries of any of its territorial possessions. Employment prior to 1990-1991 must have been on a full-time basis.(6) Overseas schools operated by the U.S. government. Schools operated by the United States Government for military dependents and dependents of personnel assigned to an embassy, consulate, etc., are treated as public schools in other states of the U.S. and policies pertaining to public schools in other states apply.(7) Texas public or private colleges or universities.(A) For private colleges and universities, accreditation by the Southern Association of Colleges and Schools is required.(B) Officer Training Corps programs conducted by accredited colleges or universities must have been employed full-time on a faculty status level. Beginning in 1998-1999, service as an instructor in an agricultural extension service operated by an accredited college or university may be recognized for salary increment purposes as long as the person held a valid Texas teaching certificate at the time the service was rendered.(C) All college or university experience must be recorded on the teacher service record. A supporting letter or form must be attached to the teacher service record verifying that either the full-time or part-time employment was at faculty status or its equivalent and that the schedule of work and the pay constituted that of other similar faculty employees. It is the responsibility of the employing school district to secure verification of college or university experience.(D) Hospital nursing experience shall be acceptable provided the person held a registered nurse position with a recognized accredited university-operated hospital listed in this subsection. All eligible prior-year service in this area can be claimed for placement beginning on the 2000-2001 minimum salary schedule.(8) Texas private elementary and secondary schools.(A) For experience prior to the 1986-1987 school year, accreditation by the Texas Education Agency or the Southern Association of Colleges and Schools is required.(B) For experience in the 1986-1987, 1987-1988, and 1988-1989 school years, service shall be acceptable if the school was accredited by the Texas Education Agency, or a recognized regional accrediting agency.(C) For experience in the 1989-1990 school year and thereafter, service shall be acceptable if the school was accredited by the Texas Private School Accreditation Commission.(D) During the 1986-1987, 1987-1988, and 1988-1989 school years, private schools accredited by the Texas Education Agency, a recognized regional accrediting agency, or an association recognized by the commissioner of education will be listed in the Texas School Directory.(E) Beginning with the 1989-1990 school year and thereafter, private schools accredited by the Texas Private School Accreditation Commission will be listed in the Texas School Directory.(F) Beginning with the 2004-2005 school year and thereafter, private schools accredited by the Texas Private School Accreditation Commission will be listed on the Texas Education Agency website.(9) Non-public special education contract schools.(A) Approval from the Texas Education Agency to provide special education services during the year service was rendered is required. A list of approved schools is maintained by the Texas Education Agency and posted on the Texas Education Agency website.(B) The person must have been certified in an area of special education.(10) Texas Department of State Health Services (formerly the Texas Department of Mental Health and Mental Retardation) state hospitals and state schools.(A) The assignment must have been in an educational program operated in conjunction with a public school program or in a non-educational professional capacity.(B) Persons employed in an educational program must have held a valid Texas teaching certificate and must have been paid at least the state minimum salary of a teacher in a Texas public school.(11) Texas veteran's vocational school.(A) The assignment must have been as an instructor or coordinator.(B) Service during the period of July 1, 1946, through June 30, 1955, must have been at a school under the jurisdiction of the Texas Education Agency (this service can be verified by the agency).(C) Service after June 30, 1955, must have been at a veteran's vocational school operated by a Texas county board of school trustees under the jurisdiction of the Veterans Administration.(12) Public or private colleges and universities, and private elementary and secondary schools in all other states in the United States or within the boundaries of any of its territorial possessions. (A) Employment must have been, and in the case of colleges and universities, must be verified in the same manner as for Texas colleges or universities.(B) Accreditation by a recognized state or regional accrediting agency listed in subsection (a)(15) of this section is required. In states or territories that have no provisions for accrediting, licensing, or approving private elementary or secondary schools, service shall be acceptable provided the person held, while employed, a valid teaching certificate from the state in which the school is located or a valid Texas teaching certificate.(C) It is the responsibility of the employing school district or charter school to have evidence on file of the accreditation status of private schools in other states.(D) Hospital nursing experience shall be acceptable provided the person held a registered nurse position with a recognized accredited university-operated hospital listed in this subsection. All eligible prior-year service in this area can be claimed for placement beginning on the 2000-2001 minimum salary schedule.(13) Foreign public or private elementary and secondary schools, colleges, and universities.(A) Employment in colleges or universities must be verified in the same manner as for Texas colleges or universities.(B) For foreign public schools, colleges, and universities, accreditation by a recognized agency of the foreign country or by a recognized accrediting agency in the United States is required.(C) For foreign private schools, colleges, and universities, accreditation must be by a recognized regional accrediting agency listed in subsection (a)(15) of this section.(D) The accreditation status must be verified in the same manner as for public or private schools in the United States.(14) United States Department of the Interior--Bureau of Indian Affairs. Service must have been full-time.(15) United States service academies.(A) Employment must have been at a faculty status level and must be verified in the same manner as other college or university service.(B) The service academies are as follows:(i) Air Force Academy, Colorado Springs, Colorado;(ii) Coast Guard Academy, New London, Connecticut;(iii) Military Academy, West Point, New York;(iv) Naval Academy, Annapolis, Maryland; and(v) Merchant Marine Academy, Kings Point, New York.(16) United States military service. Service with the military forces of the United States of America may be counted for salary increment purposes if the following conditions are met.(A) The person was a professional employee of any entity recognized for creditable service for salary increment purposes within twelve months prior to entry into active duty.(B) Form DD-214 or other official discharge papers must be filed with the teacher service record showing:(i) that military service was in the capacity of an enlisted man or woman or commissioned officer;(ii) that release or separation from active duty was under honorable conditions; and(iii) dates of entry and release from active duty.(C) The person claiming military service was on active duty during the periods September 1, 1940, through August 31, 1947, or September 1, 1950, through August 31, 1954, or for other periods if:(i) the military service was a result of involuntary induction into active duty; or(ii) the military service was a result of voluntary entry into active duty for the first time for the individual, and such initial period of voluntary military service claimed as years of service for teacher salary increments does not exceed four years.(D) Beginning with the 1983-1984 school year, for purposes of determining the total years of military experience creditable for increment purposes, a year shall be considered to begin on July 1 and end June 30. During this period, four and one-half months of service must be acquired for an individual to be entitled to one year of experience. Only one year of experience may be earned during any 12-month period. Prior to the 1983-1984 school year, credit for military service was calculated based on the 12-month period from September 1-August 31. Credit granted on that basis shall continue to be effective.(E) The requirement in subparagraph (A) of this paragraph must be met before any credit is given.(17) Job Corps. The person must have held a valid teaching certificate or appropriate license that would qualify for service credit during the period of employment.(18) Peace Corps.(A) Employment must have been with a school system (Grades K-12) in a foreign country.(B) The person must have held a valid teaching certificate or appropriate license that would qualify for service credit from any state in the United States during the period of employment.(C) Peace Corps nursing experience shall be acceptable and recognized in the same manner as teaching experience in the Peace Corps, provided the nursing service in the Peace Corps was as a registered nurse. Requirements listed in this subsection and subsection (a)(17) of this section must also be met. All eligible prior-year service in this area can be claimed for placement beginning on the 2000-2001 minimum salary schedule.(i) Credit for career and technology teachers. In accordance with TEC, §21.403, effective with the 1982-1983 school year, certified career and technology education teachers employed for at least 50% of the time in an approved career and technology position may count up to two years of work experience for salary increment purposes if the work experience was required for career and technology certification.(1) For purposes of this section, an emergency teaching permit shall be the equivalent of a teaching certificate.(2) Once credit for work experience has been granted, the credit shall be continued regardless of the position held. For personnel granted credit under this section whose employment is split between career and technology and non-career and technology positions, the years granted shall apply to both the career and technology and the non-career and technology positions.(j) Adult basic education program credit. A person teaching adult basic education is eligible for creditable service if the program was operated by a public school and the person held a valid teaching certificate.(k) Substitute teachers. Beginning with the 1998-1999 school year, a certified substitute teacher, as defined in subsection (a) of this section, employed in an entity recognized for years of service as prescribed by subsection (g) of this section is eligible for creditable service, provided that the educator held a valid Texas teaching certificate or a valid teaching certificate from the state where the school is located at the time the service was earned. All eligible prior-year service in this area can be claimed for placement on the 1998-1999 minimum salary schedule. This also applies to out-of-state substitute teaching experience. It does not apply to out-of-country substitute experience.(l) Salary schedule. The commissioner of education shall publish annually the state minimum salary schedule.(m) Certified teacher aides. Beginning with the 2004-2005 contractual year, a certified teacher aide who subsequently attains initial classroom teacher certification may count up to two years of full-time equivalency of direct student instruction for salary increment purposes. Such experience must be verified on the teacher service record form (FIN-115) or a similar form containing the same information. A teacher aide who received a teaching certificate or was placed under a permit prior to the 2004-2005 contractual year will not qualify for the additional years of service on the minimum salary schedule under this section.</content><note type="source"><p>Source Note: The provisions of this §153.1021 adopted to be effective February 1, 1998, 23 TexReg 545; amended to be effective April 16, 2000, 25 TexReg 3043; amended to be effective April 24, 2003, 28 TexReg 3323; amended to be effective May 5, 2005, 30 TexReg 2507; amended to be effective February 25, 2007, 32 TexReg 624; amended to be effective July 11, 2010, 35 TexReg 6071; amended to be effective April 3, 2012, 37 TexReg 2221; amended to be effective January 7, 2016, 41 TexReg 244; amended to be effective March 4, 2018, 43 TexReg 1267.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scCC/s153.1022"><num value="153.1022">§153.1022</num><heading>Minimum Salary Schedule for Certain Professional Staff</heading><content>(a) Definitions and eligibility. The following definitions and eligibility criteria apply to the minimum salary schedule in accordance with Texas Education Code (TEC), Chapter 21.(1) The staff positions employed by public school districts that are entitled to the minimum salary schedule under TEC, §21.402, are classroom teachers, full-time librarians, full-time counselors, and full-time nurses.(A) A classroom teacher is an educator who teaches an average of at least four hours per day in an academic or career and technology instructional setting pursuant to TEC, §5.001, focusing on the delivery of the Texas essential knowledge and skills and holds the relevant certificate issued by the State Board for Educator Certification (SBEC) under the provisions of TEC, Chapter 21, Subchapter B. Although non-instructional duties do not qualify as teaching, necessary functions related to the educator's instructional assignment such as instructional planning and transition between instructional periods should be applied to creditable classroom time.(B) A school librarian is an educator who provides full-time library services and holds the relevant certificate issued by the SBEC under the provisions of TEC, Chapter 21, Subchapter B.(C) A school counselor is an educator who provides full-time counseling and guidance services under the provisions of TEC, Chapter 33, Subchapter A, and holds the relevant certificate issued by the SBEC pursuant to the provisions of TEC, Chapter 21, Subchapter B.(D) A school nurse is an educator employed to provide full-time nursing and health care services and who meets all the requirements to practice as a registered nurse (RN) pursuant to the Nursing Practice Act and the rules and regulations relating to professional nurse education, licensure, and practice and has been issued a license to practice professional nursing in Texas.(2) An eligible educator who is employed by more than one district in a shared service arrangement or by a single district in more than one capacity among any of the eligible positions qualifies for the salary increase as long as the combined functions constitute full-time employment.(3) Full-time means contracted employment for at least ten months (187 days) for 100% of the school day in accordance with definitions of school day in TEC, §25.082, employment contract in TEC, §21.002, and school year in TEC, §25.081.(4) A local supplement is any amount of pay above the state minimum salary schedule for duties that are part of a teacher's classroom instructional assignment.(5) Current placement on the salary schedule means a placement based on years of service recognized for salary increment purposes up to the current year.(6) Salary schedule means a system of providing routine salary increases based upon an employee's total teaching experience and/or an employee's longevity in a school district.(b) Base monthly salary. The base monthly salary is the monthly salary that is at least equal to the monthly salary as determined by TEC, §21.402(c-1).(1) Eligible classroom teachers employed by school districts are entitled to the minimum salary schedule that is at least equal to the monthly salary as determined by TEC, §21.402(c-1).(2) Eligible full-time counselors, full-time nurses, and full-time librarians employed by school districts are entitled to the minimum salary schedule that is at least equal to the monthly salary as determined by TEC, §21.402(c-1).(c) Determination of "FS." "FS" is the amount, as determined by the commissioner under TEC, §21.402(b), of the basic allotment as provided by TEC, §42.101(a) or (b), for a school district with a maintenance and operations tax rate at least equal to the state maximum compressed tax rate, as defined by TEC, §42.101(a).(d) Monthly minimum salary rates. The minimum monthly salary rates, in accordance with this section and TEC, §21.402, shall be as set forth in this subsection. If the minimum monthly salary determined under TEC, §21.402(a), for a particular level of experience is less than the minimum monthly salary for that level of experience in the preceding year, the minimum monthly salary is the minimum monthly salary for the preceding year. Beginning with the 2017-2018 school year and thereafter, the minimum salary rates as determined by TEC, §21.402, will be posted on the Texas Education Agency website.</content><note type="source"><p>Source Note: The provisions of this §153.1022 adopted to be effective January 2, 2000, 24 TexReg 11753; amended to be effective February 22, 2004, 29 TexReg 1362; amended to be effective January 31, 2006, 31 TexReg 492; amended to be effective February 25, 2007, 32 TexReg 625; amended to be effective December 30, 2010, 35 TexReg 11635; amended to be effective April 3, 2012, 37 TexReg 2221; amended to be effective January 7, 2016, 41 TexReg 244; amended to be effective March 4, 2018, 43 TexReg 1267.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c153/scDD"><num value="DD">SUBCHAPTER DD</num><heading>CRIMINAL HISTORY RECORD INFORMATION REVIEW</heading><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1101"><num value="153.1101">§153.1101</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Clearinghouse--The criminal history clearinghouse established by the Texas Department of Public Safety (DPS) pursuant to the Texas Government Code, §411.0845.(2) Continuing duties related to contracted services--Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only.(3) Covered contract employee--An individual who:(A) is employed or offered employment by a service contractor or a subcontractor of a service contractor, is an individual independent contractor of the school entity, or is an individual subcontractor of a service contractor;(B) has or will have continuing duties related to the contracted services;(C) has or will have direct contact with students; and(D) is not a student of (or enrolled in) the school entity for which the services are performed.(4) Criminal history record information--In accordance with the Texas Government Code, §411.082(2), information collected about a person by the DPS, a law enforcement or a criminal justice agency, or a private entity governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.(5) Date of employment--For purposes of the Texas Education Code (TEC), §22.0834, the date of employment by an entity that contracts with a school entity shall be deemed to be:(A) with respect to an individual independent contractor, the date of the contract or agreement to provide services to the school entity;(B) with respect to a covered contract employee of a service contractor, the date the employee began providing services to the contractor for compensation; and(C) with respect to an employee or independent contractor of a subcontractor of a service contractor, the later of the date the service contractor secures the services of the subcontractor and the date the subcontractor secures the services of the employee or independent contractor.(6) Date of securing services--For purposes of the TEC, §22.0834, the date of securing the services of a covered contract employee or a subcontractor by an entity that contracts with a school entity shall be deemed to be the date the employee or subcontractor accepts an offer from the service contractor for a specific job position or for the performance of a specific project that is to begin on a date that is certain or reasonably ascertainable.(7) Direct contact with students--The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students.(8) National criminal history record information--In accordance with the TEC, §22.081, criminal history record information obtained from both the DPS and the Federal Bureau of Investigation based on fingerprint identification information.(9) School entity--A Texas school district, an open-enrollment charter school, or a shared services arrangement.(10) Service contractor--An entity, including a government entity and an individual independent contractor, that contracts or agrees with a school entity by written agreement or verbal understanding to provide services through individuals who receive compensation. However, when conducting an investigation or intervention regarding an alleged crime or act of child abuse on a school campus, a law enforcement agency or the Department of Family and Protective Services is not a service contractor, and the investigator or intervener is not a covered contract employee.(11) Substitute teacher--A teacher who is on call or on a list of approved substitutes to replace a regular teacher and has no regular or guaranteed hours. A substitute teacher may be certified or noncertified.</content><note type="source"><p>Source Note: The provisions of this §153.1101 adopted to be effective December 30, 2007, 32 TexReg 9626; amended to be effective November 20, 2008, 33 TexReg 9233.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1103"><num value="153.1103">§153.1103</num><heading>Purpose; Required Assistance</heading><content>(a) This subchapter provides rules for the implementation of the criminal history record information review of school entity employees required by the Texas Education Code, Chapter 22, Subchapter C, as amended by Senate Bill 9, 80th Texas Legislature, 2007.(b) All school entities, private schools, and regional education service centers shall assist the Texas Education Agency in the collection of criminal history record information to facilitate this review.</content><note type="source"><p>Source Note: The provisions of this §153.1103 adopted to be effective December 30, 2007, 32 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1105"><num value="153.1105">§153.1105</num><heading>Criminal History Record Information Review of Persons for Whom a National Criminal History Record Information Review is Not Required</heading><content>(a) A school district or an open-enrollment charter school shall obtain criminal history record information, as provided by the Texas Education Code (TEC), §22.083, on all employees who are not subject to a national criminal history record information review. Persons subject only to a criminal history record information review include, but are not limited to, noncertified administrative support personnel, school bus drivers, and custodial staff hired before January 1, 2008, and charter school employees not working in a position described in the TEC, §12.1059. As defined in §153.1101 of this title (relating to Definitions), the criminal history record information does not include fingerprint identification information.(b) A shared services arrangement:(1) shall obtain criminal history record information on all employees whose duties are performed on school property or at another location where students are regularly present; and(2) may obtain the same information on all other employees.(c) A regional education service center or a private school may obtain criminal history record information on:(1) any of its employees or applicants for employment; and(2) an employee or applicant for employment of a person or entity that contracts with the service center or private school if:(A) the employee or applicant has or will have continuing duties related to the contracted services; and(B) the employee or applicant has or will have direct contact with students.</content><note type="source"><p>Source Note: The provisions of this §153.1105 adopted to be effective December 30, 2007, 32 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1107"><num value="153.1107">§153.1107</num><heading>Failure to Disclose Criminal Convictions</heading><content>An employee of a school entity, private school, or regional education service center may be discharged pursuant to the Texas Education Code, §22.085(d), if the employee fails to disclose information of the employee's conviction of a felony or a misdemeanor involving moral turpitude to the State Board for Educator Certification or to the school entity, private school, or regional education service center.</content><note type="source"><p>Source Note: The provisions of this §153.1107 adopted to be effective December 30, 2007, 32 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1109"><num value="153.1109">§153.1109</num><heading>Noncertified Employees</heading><content>(a) National criminal history record information review.(1) This section applies to a person described in the Texas Education Code (TEC), §22.0833, that is, any person who is not a holder of or applicant for Texas educator certification under the TEC, Chapter 21, Subchapter B, and who, after January 1, 2008, is offered employment by a school district or an open-enrollment charter school.(2) This section also applies to such a person who is offered employment by a shared services arrangement, if the employee's or applicant's duties are or will be performed on school property or at another location where students are regularly present.(3) Before being employed by a school entity, every person to whom this section applies shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) as required by this section. All information shall be submitted in the form the DPS requires for the purpose of being included in the Clearinghouse.(b) Submission of required information.(1) In order that an applicant subject to national criminal history review may submit the required information, the school entity that intends to employ the applicant shall certify the pending employment to the Texas Education Agency (TEA). The TEA shall electronically provide the applicant or the school entity an authorization for submission of fingerprint, photograph, and identification information to the DPS in the form the DPS requires.(2) Only fingerprint, photograph, and identification information that has been properly authorized by the TEA will be accepted by the DPS and included in the Clearinghouse as required by the TEC, §22.0833.(c) Fees.(1) The TEA's fee for review of national criminal history record information shall be the same as that required by the State Board for Educator Certification for such a review and may be collected by any entity authorized to obtain the information necessary for the review, which shall then remit TEA's portion of the fee to the TEA.(2) A school entity may require an applicant for employment to pay all fees related to obtaining and reviewing the national criminal history record information required by this section.(d) Employment pending review.(1) A school entity shall ensure that a person subject to the TEC, §22.0833, submits the required information before that person's employment begins.(2) After the required information is submitted, the person may begin employment, but that employment is conditional upon the review of that person's criminal history record information by the TEA pursuant to the TEC, §22.0833, and must be terminated if the TEA makes a determination that the employee or applicant is ineligible for employment under the terms of the TEC, §22.085.(3) In the event that the school entity withdraws its offer of employment or terminates the employee under review, the school entity shall immediately notify the TEA, and no final determination of employability will be made.(e) Notice of proposed determination of ineligibility for employment.(1) The TEA shall notify the employee or applicant by certified mail, return receipt requested, if, based on its criminal history record information review, the TEA proposes to make a determination that an employee or applicant for employment is ineligible for employment under the terms of the TEC, §22.085.(2) The notice shall specify the basis for the proposed determination, including, but not limited to, a description of the criminal charges or convictions involved.(3) The notice shall state that the determination will be made unless the employee or applicant submits a written response to the TEA, which may include supporting documents or affidavits, within 15 calendar days from the date the notice was mailed, and such response demonstrates to the satisfaction of the TEA that the employee or applicant is eligible for employment under the terms of the TEC, §22.085.(4) After review of such response, if any, the TEA shall notify the employee or applicant by certified mail, return receipt requested, of its determination and shall notify the school entity by e-mail.(f) Other school entity obligations.(1) A school entity shall discharge or refuse to hire an employee or applicant if the school entity obtains information through a criminal history record information review or by notification from the TEA pursuant to the TEC, §22.0833(g), that an employee or applicant for employment has been convicted of an offense covered by the TEC, §22.085.(2) Pursuant to the TEC, §22.085(e), sanctions may be imposed on the certificate of a certified educator who fails to discharge an employee or fails to refuse to hire an applicant, if the educator knows or should have known that the employee or applicant has been convicted of an offense described in the TEC, §22.085(a).(3) Each school year the superintendent or chief operating officer of a school entity shall certify to the TEA that the school entity has complied with the TEC, §22.085.(4) The school entity shall cooperate with the TEA and DPS and its contractors to facilitate the submission of the required information, including assisting in the distribution of notices and authorization forms, if requested to do so by the TEA.(g) Appeal of the TEA determination. An employee or applicant for employment may appeal the TEA determination that he or she is not eligible for employment pursuant to the TEC, §22.085, according to the procedures described in §153.1115 of this title (relating to Appeal of the TEA Determination), but the employee or applicant is not eligible for employment by a school entity unless the TEA determination is reversed by a final administrative order.</content><note type="source"><p>Source Note: The provisions of this §153.1109 adopted to be effective December 30, 2007, 32 TexReg 9626.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1111"><num value="153.1111">§153.1111</num><heading>Substitute Teachers</heading><content>(a) National criminal history record information review.(1) This section applies to a person described in the Texas Education Code (TEC), §22.0836, that is, a person who is a substitute teacher for a school entity or who is an applicant for a substitute teaching position.(2) Before being employed by a school entity, every person to whom this section applies, and who has not previously done so, shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) as required by this section. All information shall be submitted in the form the DPS requires for the purpose of being included in the Clearinghouse.(b) Submission of required information.(1) Upon notice from the Texas Education Agency (TEA), a school entity shall provide the TEA with the names, mailing addresses, and any other requested identifying information for all substitute teachers authorized to be employed by the school entity at that time.(2) The school entity shall ensure that each such person shall obtain electronically from the TEA an authorization for submission of fingerprint, photograph, and identification information to the DPS in the form the DPS requires.(3) Only fingerprint, photograph, and identification information that has been properly authorized by the TEA will be accepted by the DPS and included in the Clearinghouse as required by the TEC, §22.0836.(c) Fees.(1) The TEA's fee for review of national criminal history record information shall be the same as that required by the State Board for Educator Certification for such a review and may be collected by any entity authorized to obtain the information necessary for the review, which shall then remit the TEA's portion of the fee to the TEA.(2) A school entity may require a substitute teacher to pay all fees related to obtaining and reviewing the national criminal history record information required by this section.(d) Employment pending review.(1) A school entity shall ensure that a person subject to the TEC, §22.0836, submits the required information before that person's employment begins.(2) After the required information is submitted, the person may begin employment, but that employment is conditional upon the review of that person's criminal history record information by the TEA pursuant to the TEC, §22.0836, and must be terminated if the TEA makes a determination that the employee or applicant is ineligible for employment under the terms of the TEC, §22.085.(3) In the event that the school entity withdraws its offer of employment or terminates the employee under review, the school entity shall immediately notify the TEA, and no final determination of employability will be made.(e) Notice of proposed determination of ineligibility for employment.(1) The TEA shall notify the substitute teacher by certified mail, return receipt requested, if, based on its criminal history record information review and/or its review of the substitute teacher's certification status, if any, the TEA proposes to make a determination that the substitute teacher is ineligible for such employment under the terms of the TEC, §22.0836 and §22.085.(2) The notice shall specify the basis for the proposed determination, including, but not limited to, a description of the criminal charges or convictions involved and/or the educator certification status, if any, related to the determination.(3) The notice shall state that the determination will be made unless the substitute teacher submits a written response to the TEA, which may include supporting documents or affidavits, within 15 calendar days from the date the notice was mailed, and such response demonstrates to the satisfaction of the TEA that the substitute teacher is eligible for employment as a substitute teacher under the terms of the TEC, §22.0836 and §22.085.(4) After review of such response, if any, the TEA shall notify the substitute teacher by certified mail, return receipt requested, of its determination and shall notify the substitute teacher's school entity by e-mail.(f) Other school entity obligations.(1) A school entity shall discharge or refuse to hire an employee or applicant if the school entity obtains information through a criminal history record information review or by notification from the TEA pursuant to the TEC, §22.0836, that an employee or applicant for employment has been convicted of an offense covered by the TEC, §22.085, or that an employee or applicant is a certified educator whose certificate is currently revoked or suspended.(2) Pursuant to the TEC, §22.085(e), sanctions may be imposed on the certificate of a certified educator who fails to discharge an employee or fails to refuse to hire an applicant, if the educator knows or should have known that the employee or applicant has been convicted of an offense described in the TEC, §22.085(a).(3) Each school year the superintendent or chief operating officer of a school entity shall certify to the TEA that the school entity has complied with the TEC, §22.085.(4) The school entity shall cooperate with the TEA and the DPS and its contractors to facilitate the submission of the required information, including assisting in the distribution of notices and authorization forms, if requested to do so by the TEA.(g) Appeal of the TEA determination. A substitute teacher may appeal the TEA determination that he or she is not eligible for employment as a substitute teacher pursuant to the TEC, §22.0836 and §22.085, according to the procedures described in §153.1115 of this title (relating to Appeal of the TEA Determination), but the substitute teacher is not eligible for employment by a school entity as a substitute teacher unless the TEA determination is reversed by a final administrative order.</content><note type="source"><p>Source Note: The provisions of this §153.1111 adopted to be effective December 30, 2007, 32 TexReg 9626; amended to be effective June 23, 2015, 40 TexReg 3818.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1113"><num value="153.1113">§153.1113</num><heading>Charter School Educators</heading><content>(a) National criminal history record information review.(1) This section applies to a person described in the Texas Education Code (TEC), §22.0832, that is, a person who is an employee or an applicant for employment with an open-enrollment charter school in a position to which the TEC, §12.1059, applies.(2) Before being employed by a school entity, every person to whom this section applies, and who has not previously done so, shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) as required by this section. All information shall be submitted in the form the DPS requires for the purpose of being included in the Clearinghouse.(b) Submission of required information.(1) Upon notice from the Texas Education Agency (TEA), an open-enrollment charter school shall provide the TEA with the names, mailing addresses, and any other requested identifying information for all employees and applicants to whom the TEC, §12.1059, applies.(2) The charter school shall ensure that each such person shall obtain electronically from the TEA an authorization for submission of fingerprint, photograph, and identification information to the DPS in the form the DPS requires.(3) Only fingerprint, photograph, and identification information that has been properly authorized by the TEA will be accepted by the DPS and included in the Clearinghouse as required by the TEC, §22.0832.(4) The following conditions are material violations of the school's charter, as provided by the TEC, §22.0832:(A) failure of an open-enrollment charter school to provide the information required by this section; and(B) continued employment by an open-enrollment charter school of a person in a position to which the TEC, §12.1059, applies, after receipt of notice from the TEA that the person has failed to submit the information required by this section.(c) Fees.(1) The TEA's fee for review of national criminal history record information shall be the same as that required by the State Board for Educator Certification (SBEC) for such a review and may be collected by any entity authorized to obtain the information necessary for the review, which shall then remit the TEA's portion of the fee to the TEA.(2) An open-enrollment charter school may require an employee to whom the TEC, §12.1059, applies to pay all fees related to obtaining and reviewing the national criminal history record information required by this section.(d) Employment pending review.(1) An open-enrollment charter school shall ensure that a person subject to the TEC, §22.0832, submits the required information before that person's employment begins in a position to which the TEC, §12.1059, applies.(2) After the required information is submitted, the person may begin employment, but that employment is conditional upon the review of that person's criminal history record information by the TEA pursuant to the TEC, §22.0832, and must be terminated if the TEA makes a determination that the employee or applicant is ineligible for employment under the terms of the TEC, §22.085.(3) In the event that the open-enrollment charter school withdraws its offer of employment or terminates the employee under review, the school shall immediately notify the TEA, and no final determination of employability will be made.(e) Standard of TEA review for charter school educators.(1) As required by the TEC, §22.0832, the TEA shall review the criminal history record information of a person to whom that section applies to determine if that person would be eligible for certification under the TEC, Chapter 21, Subchapter B, and shall review the certification status, if any, of the person to determine if the person presents a danger to the health, safety, or welfare of the students, as defined by the TEC, §12.1162(b).(2) The TEA shall determine that a person to whom this section applies would not be eligible for educator certification if that person's criminal history record information provides satisfactory evidence that the person would not be eligible for educator certification under the TEC, Chapter 21, Subchapter B, and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases), where it is provided that certification may be denied if:(A) the person has engaged in conduct that would constitute an offense directly relating to public education;(B) the person lacks good moral character; or(C) the person is unworthy to instruct or supervise the youth of this state.(3) The TEA may rely on the rules and reported decisions of educator certification cases in its interpretation of the standards for educator certification. The TEA may also determine that a covered charter school educator would not be eligible for educator certification because the educator's revoked or suspended certification status, if any, demonstrates that the educator presents a danger to the health, safety, or welfare of the students, as defined by the TEC, §12.1162(b).(f) Notice of proposed determination of ineligibility for employment.(1) The TEA shall notify the charter school educator by certified mail, return receipt requested, if, based on its criminal history record information review, the TEA proposes to make a determination that the charter school educator is ineligible for such employment under the terms of the TEC, §§12.1162(b) and/or 22.0832 and 22.085.(2) The notice shall specify the basis for the proposed determination, including, but not limited to, a description of the criminal charges or convictions and/or the educator certification status, if any, related to the determination.(3) The notice shall state that the determination will be made unless the charter school educator submits a written response to the TEA, which may include supporting documents or affidavits, within 15 calendar days from the date the notice was mailed, and such response demonstrates to the satisfaction of the TEA that the charter school educator is eligible for employment as a charter school educator under the terms of the TEC, §§12.1162(b) and/or 22.0832 and 22.085.(4) After review of such response, if any, the TEA shall notify the charter school educator by certified mail, return receipt requested, of its determination and shall notify the open-enrollment charter school by e-mail.(g) Other charter school obligations.(1) An open-enrollment charter school shall discharge or refuse to hire an employee or applicant for a position to which the TEC, §12.1059, applies if the charter school obtains information through a criminal history record information review or by notification from the TEA pursuant to the TEC, §22.0832, that:(A) an employee or applicant has been determined to be ineligible for employment as a charter school educator pursuant to the TEC, §22.0832 and §22.085; or(B) an employee or applicant has been determined to be ineligible for employment as a charter school educator pursuant to the TEC, §12.1162(b), because the employee or applicant is a certified educator whose certificate is currently revoked or suspended for reasons that indicate a danger to the health, safety, or welfare of students, as defined by the TEC, §12.1162(b).(2) Pursuant to the TEC, §22.085(e), sanctions may be imposed on the certificate of a certified educator who fails to discharge an employee or fails to refuse to hire an applicant, if the educator knows or should have known that the employee or applicant has been convicted of an offense described in the TEC, §22.085(a).(3) Each school year the chief operating officer of an open-enrollment charter school shall certify to the TEA that the school entity has complied with the TEC, §22.085.(4) The charter school shall cooperate with the TEA and the DPS and its contractors to facilitate the submission of the required information, including assisting in the distribution of notices and authorization forms, if requested to do so by the TEA.(5) The failure of an open-enrollment charter school to comply with a final determination under this section or to provide the information required by this section may be deemed a material violation of the school's charter.(h) Appeal of the TEA determination. A charter school educator may appeal the TEA determination that he or she is not eligible for employment as a charter school educator pursuant to the TEC, §§12.1162(b) and/or 22.0832 and 22.085, according to the procedures in §153.1115 of this title (relating to Appeal of the TEA Determination), but the charter school educator is not eligible for employment in a position to which the TEC, §12.1059, applies unless the TEA determination is reversed by a final administrative order.</content><note type="source"><p>Source Note: The provisions of this §153.1113 adopted to be effective December 30, 2007, 32 TexReg 9626; amended to be effective June 23, 2015, 40 TexReg 3818.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scDD/s153.1115"><num value="153.1115">§153.1115</num><heading>Appeal of the TEA Determination</heading><content>(a) Petition.(1) A person may appeal the Texas Education Agency (TEA) determination of ineligibility for employment under the provisions specified in this paragraph by filing a petition with the TEA within 30 days of the date of mailing that determination. The appeal may be based on:(A) Texas Education Code (TEC), §12.1162(b);(B) TEC, §22.0832;(C) TEC, §22.0833;(D) TEC, §22.0836;(E) §153.1109 of this title (relating to Noncertified Employees);(F) §153.1111 of this title (relating to Substitute Teachers); and(G) §153.1113 of this title (relating to Charter School Educators).(2) The petition shall state the factual and legal basis for the appeal of the TEA determination. The petition shall comply with the State Office of Administrative Hearings (SOAH) procedural rule in Title 1, Part 7, Chapter 155, §155.29 (relating to Pleadings) and the requirements of a petition appealing a State Board for Educator Certification (SBEC) administrative denial of an application for educator certification under §249.12 of this title (relating to Administrative Denial; Appeal) and §249.26 of this title (relating to Petition).(b) Contested case.(1) Upon the receipt of a timely petition of appeal of a determination of ineligibility for employment, the TEA shall refer the appeal to the SOAH, where it will be considered a contested case subject to the same procedural rules, including the allocation of the burden of proof, that would apply to the appeal of an SBEC administrative denial of an application for educator certification.(2) The commissioner of education or the commissioner's designee shall:(A) review the administrative law judge's proposal for decision in such a contested case;(B) enter a final administrative decision and order; and(C) consider a motion for rehearing, if any.</content><note type="source"><p>Source Note: The provisions of this §153.1115 adopted to be effective December 30, 2007, 32 TexReg 9626.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c153/scEE"><num value="EE">SUBCHAPTER EE</num><heading>COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS</heading><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1201"><num value="153.1201">§153.1201</num><heading>Definitions</heading><content>(a) Solicitation of sexual contact--Deliberate or repeated acts that can be reasonably interpreted as the solicitation by an employee of a relationship with a student that is sexual in nature. Solicitation of sexual contact is often characterized by a strong emotional or sexual attachment and/or by patterns of exclusivity but does not include appropriate relationships that arise out of legitimate contexts such as familial connections or longtime acquaintance. The following acts, considered in context, may constitute prima facie evidence of the solicitation by an employee of sexual contact with a student:(1) behavior, gestures, expressions, or communications with a student that are unrelated to the employee's job duties and evidence a sexual intent or interest in the student, including statements of love, affection, or attraction. Factors that may be considered in determining the intent of such communications or behavior, include, without limitation:(A) the nature of the communications;(B) the timing of the communications;(C) the extent of the communications;(D) whether the communications were made openly or secretly;(E) the extent that the employee attempts to conceal the communications;(F) if the employee claims to be counseling a student, the commissioner of education may consider whether the employee's job duties included counseling, whether the employee reported the subject of the counseling to the student's guardians or to the appropriate school personnel, or, in the case of alleged abuse or neglect, whether the employee reported the abuse or neglect to the appropriate authorities; and(G) any other evidence tending to show the context of the communications between employee and student;(2) making inappropriate comments about a student's body, creating or transmitting sexually suggestive photographs or images, or encouraging the student to transmit sexually suggestive photographs or images;(3) making sexually demeaning comments to a student;(4) making comments about a student's potential sexual performance;(5) requesting details of a student's sexual history;(6) requesting a date, sexual acts, or any activity intended for the sexual gratification of the employee;(7) engaging in conversations regarding the sexual problems, preferences, or fantasies of either party;(8) inappropriate hugging, kissing, or excessive touching;(9) providing the student with drugs or alcohol;(10) violating written directives from school administrators regarding the employee's behavior toward a student;(11) suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and(12) any other acts tending to show that the employee solicited sexual contact with a student.(b) Abuse--This term has the meaning assigned by Texas Family Code, §261.001(1).(c) Private school--A non-public school that offers a course of instruction for students in Texas in one or more grades from Prekindergarten-Grade 12 and is:(1) accredited by an organization that is monitored and approved by the Texas Private School Accreditation Commission;(2) listed in the National Center for Education Statistics database; or(3) a child care provider that is licensed by the Texas Health and Human Services Commission.(d) Employee--A person who is employed by a school district, district of innovation, charter school, service center, or shared services arrangement and does not hold a certification issued by the State Board for Educator Certification under Texas Education Code, Chapter 21, Subchapter B.(e) Nonprofit teacher organization--An organization approved by the commissioner of education to participate in a tutoring program under Texas Education Code, §33.913.</content><note type="source"><p>Source Note: The provisions of this §153.1201 adopted to be effective December 31, 2019, 44 TexReg 8307; amended to be effective January 25, 2022, 47 TexReg 152.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1203"><num value="153.1203">§153.1203</num><heading>Required Reporting by Administrators</heading><content>(a) A person who serves as the superintendent of a school district or district of innovation or the director of a charter school, regional education service center, or shared services arrangement shall notify the commissioner of education in writing by filing a report within seven business days of the date the person either receives a report from a principal under subsection (b) of this section or knew that an employee was terminated or resigned from employment and there is evidence that he or she committed any of the following acts:(1) abused or otherwise committed an unlawful act with a student or minor; or(2) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.(b) A person who serves as principal in a school district, district of innovation, or charter school must notify the superintendent or director of the school district, district of innovation, or charter school no later than seven business days after an employee resigns or is terminated following an alleged incident of misconduct involving the conduct described in subsection (a)(1) and (2) of this section.(c) A superintendent or director of a school district shall complete an investigation of an employee if there is reasonable cause to believe the employee may have engaged in misconduct described in subsection (a)(1) and (2) of this section despite the employee's resignation from district employment before completion of the investigation.(d) A report filed under subsection (a) of this section must include:(1) the name or names of any student or minor who is the victim of abuse or unlawful conduct by an employee; and(2) the factual circumstances requiring the report and the subject of the report by providing the following available information:(A) name and any aliases and certificate number, if any, or social security number;(B) last known mailing address and home and daytime phone numbers;(C) all available contact information for any alleged victim or victims;(D) name or names and any available contact information of any relevant witnesses to the circumstances requiring the report;(E) current employment status of the subject, including any information about proposed termination, notice of resignation, or pending employment actions; and(F) involvement by a law enforcement or other agency, including the name of the agency.(e) A report filed with the State Board for Educator Certification in compliance with Texas Education Code, §21.006, regarding a certified educator will be considered to have been filed with the commissioner as a report under this section on the date that the certification of the educator expires before the case is closed.</content><note type="source"><p>Source Note: The provisions of this §153.1203 adopted to be effective December 31, 2019, 44 TexReg 8307; amended to be effective January 25, 2022, 47 TexReg 152.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1205"><num value="153.1205">§153.1205</num><heading>Persons Under Investigation</heading><content>(a) Persons under investigation for misconduct following a report under §153.1203 of this title (relating to Required Reporting by Administrators) are identified by name on the Texas Education Agency (TEA) website.(b) Within 30 days of receiving a report under §153.1203 of this title and at least 15 calendar days before identifying a person on the TEA website as under investigation, the commissioner of education shall send the person who is the subject of the report a notice by both first-class U.S. mail and certified mail, return receipt requested, to the person's address in the report:(1) notifying the person of the report, including a statement of the alleged conduct that forms the basis for the report;(2) stating that the person must request a State Office of Administrative Hearings (SOAH) hearing within 10 days after the date the person receives the notice; and(3) providing the person with the opportunity to show cause in a written response sent within 10 days of receiving the notice, explaining why the commissioner should not pursue an investigation.(c) For purposes of this section and §153.1207 of this title (relating to Request for Hearing), it is a rebuttable presumption that a person receives the notice no later than five calendar days after mailing. The 10-day deadline to request a hearing before SOAH is not tolled during any attempts to show cause.(d) If the commissioner does not determine that the person who is the subject of the report has shown cause why the commissioner should not pursue an investigation, the person will be identified on the TEA website as a person under investigation.(e) The person will no longer be identified on the TEA website as a person under investigation after the commissioner issues a final order determining whether the person committed the alleged conduct.</content><note type="source"><p>Source Note: The provisions of this §153.1205 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1207"><num value="153.1207">§153.1207</num><heading>Request for Hearing</heading><content>(a) A person must submit a written request for a hearing before State Office of Administrative Hearings (SOAH) to Texas Education Agency staff in accordance with §153.1221 of this title (relating to Filing or Serving Documents on the Texas Education Agency Staff or the Administrative Law Judge) within ten days after the person receives notice as described in §153.1205 of this title (relating to Persons Under Investigation).(b) If a person does not timely request a hearing, the commissioner of education will issue a final order with a determination as to whether a preponderance of the evidence supports a conclusion that the person:(1) abused or otherwise committed an unlawful act with a student or minor; or(2) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.</content><note type="source"><p>Source Note: The provisions of this §153.1207 adopted to be effective December 31, 2019, 44 TexReg 8307; amended to be effective January 25, 2022, 47 TexReg 152.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1209"><num value="153.1209">§153.1209</num><heading>Jurisdiction</heading><content>(a) A contested case commences under this subchapter when a notice of hearing in accordance with §153.1229 of this title (relating to Notice of Hearing) is properly served by the Texas Education Agency (TEA) staff on the person at the address included in the report under §153.1203 of this title (relating to Required Reporting by Administrators).(b) The TEA staff shall refer the case to the State Office of Administrative Hearings (SOAH) if the TEA staff determines a person has timely requested a hearing pursuant to §153.1205 of this title (relating to Persons Under Investigation) and Texas Education Code, §22.094(c).(c) Jurisdiction of the SOAH is determined by the administrative law judge under Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure), and this subchapter after the TEA staff have referred the case to the SOAH.</content><note type="source"><p>Source Note: The provisions of this §153.1209 adopted to be effective December 31, 2019, 44 TexReg 8307; amended to be effective January 25, 2022, 47 TexReg 152.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1211"><num value="153.1211">§153.1211</num><heading>Powers and Duties of Administrative Law Judge</heading><content>The powers and duties of an administrative law judge are determined by Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §153.1211 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1213"><num value="153.1213">§153.1213</num><heading>Recusal and Disqualification of Administrative Law Judge</heading><content>The recusal or disqualification of an administrative law judge shall be governed by Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §153.1213 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1215"><num value="153.1215">§153.1215</num><heading>Substitution of Administrative Law Judge</heading><content>Substitution of an administrative law judge shall be governed by Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §153.1215 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1217"><num value="153.1217">§153.1217</num><heading>Classification of Parties; Current Addresses</heading><content>(a) Regardless of errors as to designation of a party, parties shall be accorded their true status in the proceeding.(b) In a contested case proceeding under this subchapter, Texas Education Agency (TEA) staff on behalf of the commissioner of education shall have the burden of proof to show, by a preponderance of the evidence, entitlement to relief.(c) Parties shall keep the TEA staff apprised of their current addresses and shall notify the TEA staff of a change of address within five calendar days of the effective date of such change.</content><note type="source"><p>Source Note: The provisions of this §153.1217 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1219"><num value="153.1219">§153.1219</num><heading>Representation of Parties</heading><content>(a) Representatives of parties shall notify the State Office of Administrative Hearings (SOAH) and other parties of the representation.(b) Parties in contested cases before the SOAH may represent themselves or be represented by an attorney licensed to practice law in the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §153.1219 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1221"><num value="153.1221">§153.1221</num><heading>Filing or Serving Documents on the Texas Education Agency Staff or the Administrative Law Judge</heading><content>(a) The following original papers shall be served upon the Texas Education Agency (TEA) staff:(1) request for a contested case hearing under this subchapter;(2) exceptions and replies to the proposal for decision of the administrative law judge (ALJ); and(3) motions for rehearing.(b) It is a rebuttable presumption that the date of service is the file stamp date affixed by the TEA staff.(c) All papers may be served upon the TEA staff by any method allowed by the State Office of Administrative Hearings (SOAH) rules or any electronic transmission agreed to by the parties.(d) The filing of papers with the SOAH or service of documents on the ALJ in contested cases shall be governed by Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure), unless modified by order of the ALJ as allowed by law.</content><note type="source"><p>Source Note: The provisions of this §153.1221 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1223"><num value="153.1223">§153.1223</num><heading>Pleadings</heading><content>(a) Pleadings include notices of hearing, motions, and exceptions. Regardless of any error in its designation, a pleading shall be accorded its true status in the proceeding in which it is filed.(b) Amended and supplemental pleadings may be filed at such time so as not to operate as a surprise on the opposing party.(c) The administrative law judge may allow a pleading to be amended during the contested case evidentiary hearing on the merits and shall do so freely when the trial amendment will facilitate determining the merits of the case but will not unduly prejudice the objecting party.(d) In addition to this subchapter, Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure) shall also govern the following matters related to pleadings:(1) content generally of pleadings;(2) purpose and effect of motions;(3) general requirements for motions;(4) responses to motions generally;(5) motions to intervene;(6) motions for continuance;(7) responses to written motions for continuance; and(8) amendment of pleadings.</content><note type="source"><p>Source Note: The provisions of this §153.1223 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1225"><num value="153.1225">§153.1225</num><heading>Stipulations</heading><content>Stipulations shall be governed by Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §153.1225 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1227"><num value="153.1227">§153.1227</num><heading>Discovery</heading><content>The Texas Government Code, Chapter 2001; Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure); this subchapter; and the Texas Rules of Civil Procedure, as applicable, shall govern discovery.</content><note type="source"><p>Source Note: The provisions of this §153.1227 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1229"><num value="153.1229">§153.1229</num><heading>Notice of Hearing</heading><content>(a) The notice of hearing is governed by the Texas Government Code, Chapter 2001; Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure); and this subchapter.(b) The Texas Education Agency (TEA) staff may serve the notice of hearing by sending it certified, return receipt requested, and regular first-class U.S. mail to the party's last known address.(c) For purposes of this subsection, the last known address is:(1) the address of record of the party or the party's authorized representative in the contested case, if any; or(2) if the party has not made an appearance in the contested case, the last address provided in any response to the notice sent in accordance with §153.1205 of this title (relating to Persons Under Investigation) or the proposed action that is the subject of the contested case, if any; or(3) if the party has not provided an address in response to the proposed action, the address for the person included in the report made in accordance with §153.1203 of this title (relating to Required Reporting by Administrators).(d) While notice to the last known address is legally sufficient, notice may also be given by regular first-class U.S. mail, facsimile, email, or any other means to any other possible address that is known to the TEA staff at the time that the notice is sent.</content><note type="source"><p>Source Note: The provisions of this §153.1229 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1231"><num value="153.1231">§153.1231</num><heading>Venue</heading><content>Hearings shall be conducted in Austin, Texas, at a site designated by the State Office of Administrative Hearings in accordance with applicable law and Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §153.1231 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1233"><num value="153.1233">§153.1233</num><heading>Conduct and Record of Hearings</heading><content>The rules of the State Office of Administrative Hearings under Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure) shall govern the procedure at the hearing and the making of a record of a contested case.</content><note type="source"><p>Source Note: The provisions of this §153.1233 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1235"><num value="153.1235">§153.1235</num><heading>Use of Deposition Transcripts in Contested Case Hearings</heading><content>The use of deposition transcripts in contested case hearings shall be governed by Rule 203 of the Texas Rules of Civil Procedure. The terms "court proceedings" and "trial" used in Rule 203 are deemed to refer to "contested case hearing(s)" for purposes of applying this section and Rule 203 to contested case hearings before the State Office of Administrative Hearings.</content><note type="source"><p>Source Note: The provisions of this §153.1235 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1237"><num value="153.1237">§153.1237</num><heading>Consolidated Proceedings</heading><content>A party may move to consolidate two or more proceedings under this subchapter if:(1) the proceedings involve common questions of law and fact; and(2) separate proceedings would result in unwarranted expense, delay, or substantial injustice.</content><note type="source"><p>Source Note: The provisions of this §153.1237 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1239"><num value="153.1239">§153.1239</num><heading>Disposition Prior to Hearing; Default</heading><content>(a) This subchapter and Texas Administrative Code (TAC), Title 1, Part 7, Chapter 155 (relating to Rules of Procedure) shall govern disposition prior to hearing, default, and attendant relief.(b) The commissioner of education may issue and sign orders resolving a case prior to the issuance of a proposal for decision by the presiding administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH) by waiver, stipulation, compromise, agreed settlement, consent order, agreed statement of facts, or any other informal or alternative resolution agreed to by the parties and not precluded by law.(c) The commissioner or the SOAH may dispose of a case through dismissal, partial or final summary disposition, or any other procedure authorized by SOAH rules of procedure prior to a contested case hearing on the merits on the following grounds: unnecessary duplication of proceedings; res judicata; withdrawal; mootness; lack of jurisdiction; failure of a party requesting relief to timely file or file in proper form a pleading that would support an order or decision in that party's favor; failure to comply with an applicable order, deadline, rule, or other requirement issued by the presiding ALJ; failure to state a claim for which relief can be granted; or failure to prosecute.(d) A party's failure to appear in person or by authorized representative on the day and at the time set for hearing shall constitute a default in a contested case, and the commissioner may enter a default judgment, as authorized by the Texas Government Code, §2001.056, or 1 TAC §155.501 (relating to Default Proceedings).(1) If the case is dismissed and remanded to the commissioner by the SOAH after a party failed to appear in person or by authorized representative on the day and at the time set for hearing in a contested case, the Texas Education Agency (TEA) staff attorney shall present to the commissioner a motion for default.(2) Prior to issuance of a default decision or order, a party may contest the issuance of a default judgment by written notice filed with TEA staff showing good cause for failure to appear at the contested case hearing.(3) After consideration of the petition and the motion for default, the commissioner may then issue a default order deeming the allegations in the petition as true.</content><note type="source"><p>Source Note: The provisions of this §153.1239 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1241"><num value="153.1241">§153.1241</num><heading>Proposal for Decision</heading><content>(a) As appropriate, the presiding administrative law judge (ALJ) shall prepare a proposal for decision containing separately stated findings of fact and conclusions of law.(b) The ALJ may amend the proposal for decision pursuant to exceptions, replies to exceptions, and briefs.(c) The ALJ shall submit the proposal for decision to the commissioner of education, with a copy to each party.</content><note type="source"><p>Source Note: The provisions of this §153.1241 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1243"><num value="153.1243">§153.1243</num><heading>Exceptions and Replies</heading><content>(a) A party may file any exceptions to the proposal for decision within 15 calendar days of the date of the proposal for decision. Any replies to the exceptions shall be filed by other parties within 15 calendar days of the filing of exceptions. These time limits may be extended by agreement of the parties and the administrative law judge (ALJ). Exceptions and replies shall be:(1) served upon the other party by mail, hand-delivery, facsimile, any method allowed by the State Office of Administrative Hearings rules, or any electronic transmission agreed to by the parties; and(2) filed with the ALJ in accordance with Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure).(b) Any disagreement with a factual finding or conclusion of law in the proposal for decision not contained in an exception to the proposal shall be waived.(c) Each exception or reply to a finding of fact or conclusion of law shall be concisely stated and shall summarize the evidence in support of each exception.(1) Any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.(2) In summarizing evidence, the parties shall include a specific citation to the hearing record where such evidence appears or shall attach the relevant excerpts from the hearing record.(3) Arguments shall be logical and coherent and citations to authorities shall be complete.(d) Exceptions to the proposal for decision may be based on the following:(1) the ALJ has made an incorrect conclusion of law;(2) the ALJ has failed to make an essential fact finding;(3) the ALJ applied the incorrect burden or standard of proof;(4) the findings of fact do not support the conclusions of law; or(5) the ALJ has made a finding of fact that is not supported by the preponderance of the evidence.</content><note type="source"><p>Source Note: The provisions of this §153.1243 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1245"><num value="153.1245">§153.1245</num><heading>Review of Proposal by Commissioner of Education</heading><content>The commissioner of education shall review the proposal for decision and any amended proposals for decision, the exceptions and any replies to exceptions, and the relevant excerpts from the record of the hearing conducted by the State Office of Administrative Hearings before making a final decision or issuing an order in a case.</content><note type="source"><p>Source Note: The provisions of this §153.1245 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1247"><num value="153.1247">§153.1247</num><heading>Final Decisions and Orders</heading><content>(a) Unless a party or the party's authorized representative, as appropriate, agrees in writing to receive it via facsimile or email, a copy of the commissioner of education's decision or order shall be delivered by certified mail to the parties or to their authorized representatives, as appropriate. Texas Education Agency staff shall send the copy by facsimile or email to the State Office of Administrative Hearings (SOAH) if SOAH has issued a proposal for decision in the case.(b) All final decisions and orders of the commissioner under this subchapter shall be in writing and signed. A final decision or order shall include findings of fact and conclusions of law separately stated. The findings of fact or conclusions of law may be adopted by reference to another document.(c) The commissioner may adopt an order modifying findings of fact or conclusions of law in a proposal for decision submitted by the administrative law judge (ALJ) in accordance with the Texas Government Code, Chapter 2001. The commissioner may remand the matter back to the ALJ with specific instructions for the ALJ to determine an essential finding of fact or to apply the correct burden or standard of proof.</content><note type="source"><p>Source Note: The provisions of this §153.1247 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1249"><num value="153.1249">§153.1249</num><heading>Motion for Rehearing; Administrative Finality; Appeals</heading><content>(a) A motion for rehearing of the commissioner of education's decision in a contested case and the determination of administrative finality shall be governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.(b) A motion for rehearing unsupported by satisfactory evidence shall be overruled. This subsection does not limit the overruling of a motion for rehearing on other grounds or by operation of law.(c) Appeals from a final order of the commissioner shall be under the substantial evidence standard of review and governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.(d) The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals. Texas Education Agency's services in preparing a record for appeal at the request of another party shall be reimbursed on the same basis as the charges for providing public information pursuant to Texas Administrative Code, Title 1, Part 3, Chapter 70 (relating to Cost of Copies of Public Information).</content><note type="source"><p>Source Note: The provisions of this §153.1249 adopted to be effective December 31, 2019, 44 TexReg 8307.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c153/scEE/s153.1251"><num value="153.1251">§153.1251</num><heading>Notice of Placement on Registry</heading><content>(a) The person's name will be added to the registry of persons not eligible for employment in Texas public schools, in accordance with Texas Education Code, §22.092(c)(5), if the commissioner of education determines in a final order that the person:(1) abused or otherwise committed an unlawful act with a student or minor; or(2) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.(b) If known, the Texas Education Agency staff shall notify the employing school district of the commissioner's final order placing the person's name to the registry of persons not eligible for employment in public schools.(c) Public and private schools in Texas and nonprofit teacher organizations may request access to search the registry of persons not eligible for employment in public schools.</content><note type="source"><p>Source Note: The provisions of this §153.1251 adopted to be effective December 31, 2019, 44 TexReg 8307; amended to be effective January 25, 2022, 47 TexReg 152.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c157"><num value="157">CHAPTER 157</num><heading>HEARINGS AND APPEALS</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c157/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS FOR HEARINGS BEFORE THE STATE BOARD OF EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p2/c157/scA/s157.1"><num value="157.1">§157.1</num><heading>Scope and Purpose</heading><content>This subchapter shall govern the proceedings in all contested cases before the State Board of Education where:(1) notice and opportunity for hearing is expressly required by other law; and(2) the hearing is not exempted from the provisions of the Administrative Procedure Act (APA) (Texas Government Code, Chapter 2001).</content><note type="source"><p>Source Note: The provisions of this §157.1 adopted to be effective March 31, 2004, 29 TexReg 3175.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scA/s157.2"><num value="157.2">§157.2</num><heading>Request for Hearing; Transfer to State Office of Administrative Hearings</heading><content>(a) All proceedings under §157.1 of this title (relating to Scope and Purpose) shall be heard by the State Office of Administrative Hearings, pursuant to the procedures set forth in 1 TAC Chapter 155 (relating to Rules of Procedures).(b) In cases in which the Texas Education Agency is not the petitioner, petitions for review or requests for hearing shall be filed with the State Board of Education (SBOE) within 30 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner, except as otherwise provided by law or SBOE rule.(c) At the time the petitioner files a request for hearing with the SBOE regarding administrative penalties pursuant to the Texas Education Code, §31.151, all parties to the hearing are prohibited from contacting members of the SBOE concerning the factual or legal issues presented in the hearing until a final decision is rendered.</content><note type="source"><p>Source Note: The provisions of this §157.2 adopted to be effective March 31, 2004, 29 TexReg 3175; amended to be effective March 7, 2012, 37 TexReg 1513.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scA/s157.3"><num value="157.3">§157.3</num><heading>Board Consideration and Adoption of Proposal for Decision</heading><content>(a) After the time for filing exceptions and replies to exceptions expires and the proposal for decision is forwarded to the Texas Education Agency, the State Board of Education (SBOE) shall consider the proposal for decision and any exceptions and replies in public session and shall enter a written decision adopting or modifying and adopting the proposed decision or remanding the matter to the State Office of Administrative Hearings for further proceedings.(b) No public testimony shall be heard on the question of adopting, modifying, or remanding the proposal for decision. No information other than the record of the proceedings conducted by the administrative law judge, the proposal for decision, and the exceptions and replies of the parties shall be heard, considered, or discussed by the SBOE concerning the contested case.(c) All final decisions or orders of the SBOE shall be in writing and signed by the chair, if voting in favor of the decision, or by a member selected by those voting in favor of the decision. A final decision shall include findings of fact and conclusions of law separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.(d) The decision of the SBOE may incorporate by reference the proposal for decision in whole or in part, and such incorporation by reference may constitute compliance with subsection (c) of this section. If the decision of the SBOE modifies the proposal for decision in any respect, the SBOE shall specify the portions modified and shall set out in full the affected language as modified by the decision of the SBOE.(e) Party representatives shall be simultaneously notified either personally, by facsimile transmission, or overnight courier of each decision or order. For purposes of §157.4 of this title (relating to Motions for Rehearing), a party present at a meeting of the SBOE at which a public vote is taken shall be deemed notified of the decision or order on the date of the vote.</content><note type="source"><p>Source Note: The provisions of this §157.3 adopted to be effective March 31, 2004, 29 TexReg 3175; amended to be effective March 7, 2012, 37 TexReg 1513.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scA/s157.4"><num value="157.4">§157.4</num><heading>Motions for Rehearing</heading><content>(a) In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal.(b) Motions for rehearing will be in conformance with the Texas Government Code, §2001.146.</content><note type="source"><p>Source Note: The provisions of this §157.4 adopted to be effective March 31, 2004, 29 TexReg 3175.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c157/scAA"><num value="AA">SUBCHAPTER AA</num><heading>GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION</heading><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1041"><num value="157.1041">§157.1041</num><heading>Scope and Purpose</heading><content>(a) This chapter shall govern in all hearings before the commissioner of education.(b) This chapter adopts for all purposes the provisions of the Texas Rules of Civil Evidence (http://www.courts.state.tx.us/rules/tre-toc.asp) and the Texas Rules of Civil Procedure (http://www.supreme.courts.state.tx.us/rules/TRCP/RCP_all.pdf). The Rules of Civil Evidence and Civil Procedure will prevail except as modified by these rules. The provisions of this Subchapter AA shall govern the procedure for the administration of all hearings before the commissioner of education except where modified by Subchapter BB of this chapter (relating to Specific Appeals to the Commissioner).</content><note type="source"><p>Source Note: The provisions of this §157.1041 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1042"><num value="157.1042">§157.1042</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative law judge--A member or employee of the agency or other individual assigned to issue a proposal for decision, to render a decision, or to make findings of fact or conclusions of law.(2) Agency--The Texas Education Agency.(3) Board--The board of trustees of a public school district.(4) Commissioner--The commissioner of education, or one who has been designated by the commissioner to perform a task.(5) Disqualification--When an administrative law judge, in his or her discretion, permanently forbids a party representative from any further participation in an adjudicative proceeding.(6) Exclusion--When an administrative law judge, in his or her discretion, ejects a person temporarily from an adjudicative proceeding.(7) Hearing--An adjudicative process from initiation until final decision.(8) Independent hearing examiner--a person certified by the commissioner to hold hearings pursuant to the Texas Education Code, Chapter 21, Subchapter F (Hearings Before Hearings Examiners).(9) Party representative--A lawyer or non-lawyer who acts on behalf of himself or herself or who is authorized to act on behalf of a party during the hearing.</content><note type="source"><p>Source Note: The provisions of this §157.1042 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1043"><num value="157.1043">§157.1043</num><heading>Administrative Law Judge</heading><content>(a) The commissioner may designate and appoint an administrative law judge to act on his or her behalf in conducting any hearing held under this chapter and to prepare draft decisions or proposals for decision on those hearings.(b) The administrative law judge has the authority to administer oaths; call and examine witnesses; issue subpoenas; make rulings on motions, the admissibility of evidence, and amendments to pleadings; maintain decorum; schedule and recess the hearing from day to day; establish reasonable timelines; and make any other orders as justice requires.(c) If the administrative law judge is unable to continue presiding over a hearing at any time before the final decision, another administrative law judge will be appointed who shall perform any remaining function without the necessity of repeating any previous proceedings.</content><note type="source"><p>Source Note: The provisions of this §157.1043 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1044"><num value="157.1044">§157.1044</num><heading>Classification of Parties</heading><content>(a) Parties are designated as follows.(1) Petitioner--the party who initiates the hearing before the commissioner by filing a petition for review in compliance with §157.1051 of this title (relating to Petition for Review).(2) Respondent--any party against whom a petition for review has been filed with the commissioner.(3) Intervenor--a person who, upon showing a justiciable interest, is permitted to become a party to a hearing.(b) Regardless of errors concerning designations in the pleadings, parties shall be accorded their true status in the hearing.</content><note type="source"><p>Source Note: The provisions of this §157.1044 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1045"><num value="157.1045">§157.1045</num><heading>Appearances</heading><content>Any party may appear on his or her own behalf; if a minor, by his or her next friend, or by a representative of the party's choice. Corporations must be represented by a duly authorized attorney licensed to practice in the state of Texas. Party representatives are held to the same procedural and substantive standards as attorneys. Attorneys and party representatives who wish to take a vacation and prevent the scheduling of hearings during a specific time period must notify the administrative law judge in writing at least two weeks before the vacation begins.</content><note type="source"><p>Source Note: The provisions of this §157.1045 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1046"><num value="157.1046">§157.1046</num><heading>Conduct and Decorum</heading><content>(a) Standards of conduct during the hearings process.(1) The administrative law judge and the party representative should refer to the Texas Disciplinary Rules of Professional Conduct for guidance, regardless of whether all participants are licensed attorneys (Texas State Bar Rules, Article 10, §9).(2) A party representative shall maintain high standards of professionalism during the administrative process and promote an atmosphere of civility and fairness.(3) A party representative shall use these rules for legitimate purposes and not for dilatory purposes or to harass or intimidate other participants.(b) Exclusion or disqualification of party representatives.(1) Contemptuous conduct. An administrative law judge may exclude or disqualify a party representative from participating in the agency hearings process for contemptuous conduct. The administrative law judge shall warn the party representative prior to disqualification or exclusion, if possible. Contemptuous conduct includes:(A) actual or threatened physical assault of any participant to the hearing;(B) knowingly or recklessly making a false statement of material fact or law to the administrative law judge;(C) counseling or assisting a witness to testify falsely;(D) knowingly offering or using false evidence;(E) filing a frivolous or knowingly false pleading or other document, or filing a frivolous or knowingly false defense. A frivolous filing is one:(i) for which the party representative is unable to make a good faith argument consistent with existing law, or a good faith argument for an extension, modification, or reversal of existing law; or(ii) primarily for the purpose of harassing or maliciously injuring another person;(F) paying, offering to pay, or acquiescing in a payment or offer of payment to a witness based on the content of the witness' testimony or the outcome of the hearing;(G) continually violating an established rule of agency procedure or of evidence;(H) raising superfluous objections or otherwise unreasonably delaying the hearing or increasing the costs or other burdens of the hearing;(I) misrepresenting, mischaracterizing, or misquoting facts or law to gain unfair advantage;(J) except as otherwise permitted by law, communicating or causing someone else to communicate with the administrative law judge without the knowledge and consent of opposing party representatives in order to gain unfair advantage or to influence the hearing;(K) using offensive or abusive language during the hearing;(L) making inappropriate derogatory remarks about the commissioner, an administrative law judge, a party, a witness, or opposing counsel at a hearing or in documents filed with the agency; and(M) engaging in disruptive conduct.(2) Conflicts of interest. An administrative law judge may disqualify a party representative from participating in a hearing if the administrative law judge decides that the party representative has a conflict of interest. Conflicts of interest can be, but are not limited to, the following:(A) when a party representative who previously acted as a public officer or employee on a matter later attempts to represent a private client on the same matter, unless the appropriate government agency consents;(B) when a party representative who serves as a public officer or employee on a matter negotiates for private employment with a party or party representative involved in the same matter;(C) when a party representative who serves as a public officer or employee participates in a matter involving a former private client whom he or she represented on the same matter, unless no one may legally act in the attorney's stead;(D) when an attorney engages in the practice of law while under suspension or in violation of a disciplinary order or judgment; and(E) any other conflict of interest that, in the opinion of the administrative law judge, offends the dignity and decorum of the hearing.(3) Procedures for excluding or disqualifying a party representative.(A) Notice. The administrative law judge shall state the specific reason for excluding or disqualifying a party representative on the record or in a written order. The administrative law judge shall notify the affected party and party representative of the exclusion or disqualification personally or by certified mail.(B) Reasonable time for substitution. After the administrative law judge has excluded or disqualified a party representative, the affected party or party representative shall have a reasonable time to substitute a new representative. In determining a reasonable time, the administrative law judge shall consider the right of opposing parties to have the hearing resolved without undue delay. The administrative law judge may therefore align the affected party with another party in interest instead of permitting a substitution.(C) No further participation. After being disqualified from a hearing, a party representative may not provide further assistance, either directly or indirectly, to any party with regard to the hearing, except to the extent reasonably necessary to appeal to the commissioner and to complete the withdrawal and substitution of a new party representative.(D) No recusal. The exclusion or disqualification of a party representative by an administrative law judge is not a ground for recusal of the administrative law judge in the same or any subsequent hearing.</content><note type="source"><p>Source Note: The provisions of this §157.1046 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1047"><num value="157.1047">§157.1047</num><heading>Classification of Pleadings</heading><content>Pleadings filed with the commissioner shall include, but not be limited to, petitions for review, answers, pleas to the jurisdiction, motions, replies to motions, exceptions to the proposal for decision, and replies to the exceptions to the proposal for decision. Regardless of any error in its designation, the filing shall be accorded its true status in the hearing in which it is filed.</content><note type="source"><p>Source Note: The provisions of this §157.1047 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1048"><num value="157.1048">§157.1048</num><heading>Form and Content of Documents</heading><content>All pleadings, briefs, and exhibits filed with the commissioner shall be signed by the party representative and legibly handwritten, typewritten, or printed on paper 8 l/2 inches wide by 11 inches long. If the document is typewritten or printed, the filing must be double-spaced and printed in at least 12-point font.</content><note type="source"><p>Source Note: The provisions of this §157.1048 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1049"><num value="157.1049">§157.1049</num><heading>Filing of Documents with the Commissioner of Education</heading><content>(a) Except where otherwise provided by law, the petitioner shall file with the commissioner or the agency's division responsible for hearings and appeals a petition for review within 45 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner. In all cases, when a decision is announced in the presence of the petitioner or the petitioner's representative of record at a hearing, the announced decision shall constitute communication to the petitioner.(b) Filing of documents is governed by Texas Rules of Civil Procedure 21 and 21a.(c) Except as otherwise provided, any document other than a petition for review will be filed with the agency's division responsible for hearings and appeals. All mailings and deliveries shall be addressed to: Texas Education Agency, 1701 North Congress Avenue, Suite 2-150, Austin, Texas 78701-1494. All facsimile filings shall be sent to the following facsimile number: (512) 475-3662. All electronic filings shall be submitted as provided on the TEA website with information related to hearings and appeals.(d) All documents filed after 11:59 p.m. Central Time shall be deemed filed on the following business day.(e) Failure to comply with subsection (a) of this section relating to the time for filing a petition for review will result in the dismissal of the case.</content><note type="source"><p>Source Note: The provisions of this §157.1049 adopted to be effective July 20, 2004, 29 TexReg 6887; amended to be effective January 10, 2023, 48 TexReg 49.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1050"><num value="157.1050">§157.1050</num><heading>Service of Documents on Other Parties</heading><content>Unless otherwise provided by law, every pleading, plea, or motion filed with the agency's division responsible for hearings and appeals shall be served on all parties or party representatives by the same method as the document was filed with the agency, except that electronic service and service by facsimile may be substituted for personal service.</content><note type="source"><p>Source Note: The provisions of this §157.1050 adopted to be effective July 20, 2004, 29 TexReg 6887; amended to be effective January 10, 2023, 48 TexReg 49.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1051"><num value="157.1051">§157.1051</num><heading>Petition for Review</heading><content>(a) A petition for review shall contain the following in numbered paragraphs:(1) a description of the challenged ruling, action, or failure to act complained of;(2) the date of the challenged ruling, action, or failure to act;(3) a precise description of the action the petitioner wants the commissioner to take on the petitioner's behalf;(4) a statement of jurisdiction and the legal basis for the claim;(5) if the hearing is de novo, a statement of the facts of which the petitioner is aware or which the petitioner believes to be true and which would lead to a reasonable conclusion that the petitioner is entitled to the relief sought;(6) the name, mailing address, telephone number of the petitioner's party representative during business hours, email address, and facsimile number, if any; and(7) the name, mailing address, and business telephone of the respondent or the respondent's representative, email address, and facsimile number, if any.(b) Nothing in this section requires the petitioner to plead all evidence relied upon. However, all issues relied upon by the petitioner must be raised in the petition for review, and the commissioner will not consider any issues not raised in the petition for review.</content><note type="source"><p>Source Note: The provisions of this §157.1051 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887; amended to be effective January 10, 2023, 48 TexReg 49.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1052"><num value="157.1052">§157.1052</num><heading>Answers</heading><content>(a) Except where otherwise provided by law, the respondent shall file an answer within 30 calendar days after receiving notice from the commissioner that a hearing has been docketed.(b) The answer shall specifically admit or deny each allegation in the petition for review, or shall assert that respondent is without sufficient knowledge and information to admit or deny the allegation and shall set forth all affirmative defenses.(c) The answer shall contain the name of the respondent or the respondent's party representative, the mailing address, telephone number during business hours, and facsimile number, if any.(d) In de novo hearings, all well-pled factual allegations will be deemed admitted unless the respondent's answer, containing specific responses to each allegation, is filed within the time period prescribed in subsection (a) of this section. A general denial shall not be sufficient to controvert factual allegations contained in the petition for review.</content><note type="source"><p>Source Note: The provisions of this §157.1052 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1053"><num value="157.1053">§157.1053</num><heading>Prehearing Conference</heading><content>(a) In any hearing, the administrative law judge or a party may move for the setting of a prehearing conference. At the administrative law judge's discretion, the parties shall be directed to appear, either in person or by telephone, at a specific time for a conference prior to a hearing on the merits for the purposes of considering any of the following:(1) the formulation or simplification of issues;(2) admission of certain assertions of fact or stipulations;(3) the procedure at the hearing on the merits, if the hearing is de novo;(4) any limitation, where possible, of the number of witnesses, if the hearing is de novo; and/or(5) such other matters as may aid in the simplification of the hearing or the disposition of matters in controversy, including the settlement of matters in dispute.(b) Action taken at the conference shall be recorded in the manner directed by the administrative law judge.(c) A written request to reschedule a telephonic conference must contain a statement that all parties have been consulted or the reason why all parties were not consulted and list any objection and shall set forth three alternate dates and times for rescheduling the conference.</content><note type="source"><p>Source Note: The provisions of this §157.1053 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1054"><num value="157.1054">§157.1054</num><heading>Discovery</heading><content>(a) Permissible forms of discovery in a de novo hearing are:(1) oral or written deposition governed by Texas Government Code, §§2001.094-2001.103;(2) written interrogatories to a party governed by Texas Rule of Civil Procedure 197;(3) requests of a party for admission of facts and the genuineness or identity of documents or things governed by Texas Rule of Civil Procedure 198;(4) requests and motions for production, examination, and copying of documents or other tangible materials governed by Texas Government Code, §2001.091;(5) requests and motions for entry upon and examination of real property governed by Texas Government Code, §2001.091;(6) discovery from parties regarding the identity of witnesses or potential parties and expert reports governed by Texas Government Code, §2001.092, and discovery from parties regarding copies of previous statements governed by Texas Government Code, §2001.093; and(7) requests for disclosure governed by Texas Rule of Civil Procedure 194.(b) Commissions to take depositions and subpoenas to secure the attendance of a witness at hearing may only be issued by an administrative law judge. To obtain a commission or a subpoena, a party must file a motion which specifically articulates grounds constituting good cause for the issuance of the subpoena and must pay all applicable fees.(c) Any motion to compel discovery shall contain a certificate by the party filing the motion that efforts to resolve the discovery dispute without the necessity of agency intervention have been attempted and failed.(d) Requirements concerning discovery sanctions include the following.(1) Motions for sanctions or order compelling discovery. Upon reasonable notice to all party representatives and affected persons, a party may apply to the administrative law judge for an order compelling discovery. A party may not request sanctions under paragraph (3) of this subsection without having first obtained an order compelling discovery.(2) Enforcement in district court. If a person fails to comply with a subpoena or a commission for deposition issued by an administrative law judge, the agency or party requesting the subpoena or commission for deposition may seek its enforcement in district court in any manner provided by law.(3) Failure to comply with order or with discovery request. If a party; or an officer, director, or managing agency of a party; or a person designated to testify on behalf of a party fails to comply with proper discovery requests or to obey an order compelling discovery, an administrative law judge may, after opportunity for hearing, issue orders in response to the failure, including any of the following orders:(A) preventing the disobedient party from further discovery of any kind, or of a particular kind;(B) deeming any facts pertaining to the order, or any other facts, to be established, as claimed by the moving party;(C) disallowing the disobedient party from supporting or opposing designated claims or defenses, or prohibiting the party from introducing designated matters in evidence; and(D) striking out pleadings or parts of pleadings, staying further action until the order is obeyed; dismissing the hearing with or without prejudice; or rendering a judgment against the disobedient party.(4) Abuse of discovery process. The administrative law judge may impose any of the sanctions listed in paragraph (3) of this subsection on a party who abuses the discovery process in seeking or resisting discovery or who files a request, response, or answer that is frivolous, oppressive, or made for the purpose of delay.(5) Failure to respond to or supplement discovery. A party who fails to respond to or supplement a discovery request or refuses to supplement a response to a discovery request may not present evidence that the party was under a duty to provide in a response or supplemental response, and may not offer the testimony of an expert witness or of any other person having knowledge of the discoverable matter, unless the administrative law judge finds good cause to permit the evidence despite the noncompliance. The burden of establishing good cause is upon the party offering the evidence, and good cause must be shown in the record.(6) Impermissible communications. Unless permitted by law, party representatives shall not communicate with the administrative law judge or the commissioner without the knowledge of all other parties. The administrative law judge or commissioner may impose any of the preceding sanctions for impermissible communication.(7) Record of basis for sanction. The administrative law judge shall state the specific basis for any sanction in the record or in a written order.</content><note type="source"><p>Source Note: The provisions of this §157.1054 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1055"><num value="157.1055">§157.1055</num><heading>Motions</heading><content>(a) A motion for continuance of any hearing shall specifically articulate grounds constituting good cause or shall be by agreement and shall be filed in writing.(b) All motions requiring a ruling must be in writing and must contain a certificate of conference asserting that the movant has conferred with the opposing party representative and has or has not obtained agreement with the motion. If no conference was conducted, the movant shall state the reasons, amounting to good cause, why the conference was not held. All motions requiring a certificate of conference will be denied without the requirement of a response if the moving party fails to confer with the opposing party as required. Any motion for which a conference was not held, when the movant has alleged good cause for not holding a conference, must be responded to within seven days, unless the administrative law judge specifies a shorter time to respond.</content><note type="source"><p>Source Note: The provisions of this §157.1055 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1056"><num value="157.1056">§157.1056</num><heading>Dismissal Without a Hearing; Nonsuits</heading><content>(a) The commissioner or his or her designee may, on his or her own motion or the motion of a party, inform the parties of the commissioner's intent to dismiss a hearing and allow time for response. The commissioner may then dismiss a hearing without further action for the following reasons: compromise, unnecessary duplication of proceedings, res judicata, withdrawal, mootness, untimely filing, lack of jurisdiction, failure of a petitioner to set forth facts in the pleadings that would support a decision in the petitioner's favor, failure to state a claim for which relief can be granted, failure to exhaust administrative remedies, or failure to prosecute.(b) The petitioner may nonsuit the hearing at any time.</content><note type="source"><p>Source Note: The provisions of this §157.1056 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1057"><num value="157.1057">§157.1057</num><heading>Order of Procedure at De Novo Hearing</heading><content>(a) The petitioner may state briefly the nature of the claim or defense, what the petitioner expects to prove, and the relief sought. Immediately after, the respondent may make a similar statement, and the intervenors and other parties will be afforded similar rights as determined by the administrative law judge.(b) Evidence shall then be introduced by the petitioner. The respondent and intervenors shall have the opportunity to cross-examine each of the petitioner's witnesses.(c) Cross-examination is not limited solely to matters raised on direct examination. Parties are entitled to redirect and recross examination.(d) Unless the statement has already been made, the respondent may briefly state the nature of the claim or defense, what the respondent expects to prove, and the relief sought.(e) Evidence, if any, shall be introduced by the respondent. The petitioner and intervenors shall have the opportunity to cross-examine each of the respondent's witnesses.(f) The intervenor and other parties may make their statement, unless they have already done so, and shall introduce their evidence, if any. The petitioner and respondent shall have the opportunity to cross-examine the intervenor's witnesses.(g) The petitioner may present rebuttal evidence.(h) The parties may be allowed closing arguments at the discretion of the administrative law judge.(i) The administrative law judge may permit deviations from this order of procedure in the interests of justice.(j) Parties shall provide four copies of each exhibit offered.(k) At the de novo hearing before the commissioner, any part or all of a certified transcript of sworn testimony and exhibits taken in a hearing before the board of trustees from which the petitioner appeals may be used by any party for any purpose against any party who was present or represented at the hearing before the board of trustees or who had reasonable notice of the meeting. The Texas Rules of Civil Evidence shall be applied to each question and answer as though the witness were then present and testifying. Unavailability of a witness is not a requirement for admissibility. Testimony of a witness in the hearing before the commissioner shall not be precluded solely because the testimony is contained in the record of the hearing before the board of trustees.(l) In any hearing where a party is represented by more than one attorney, a lead attorney must be designated prior to the commencement of the hearing.</content><note type="source"><p>Source Note: The provisions of this §157.1057 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1058"><num value="157.1058">§157.1058</num><heading>Briefing</heading><content>(a) If briefing is required in a hearing that is reviewed by the commissioner under the substantial evidence standard, the petitioner's brief shall contain the following:(1) Statement of the case. The brief must state concisely the nature of the case, the course of proceedings, and the school district's disposition of the case. The statement should be supported by record references, should seldom exceed one-half page, and should not discuss the facts.(2) Issues presented. The brief must state concisely all issues or points presented for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included. However, an issue that is not so identified is waived.(3) Statement of facts. The brief must state concisely and without argument the facts pertinent to the issues or points presented. The commissioner will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references.(4) Argument. The brief must contain clear and concise argument for the contentions made with appropriate citations to authorities and to the record.(5) Prayer. The brief must contain a short conclusion that clearly states the nature of the relief sought.(b) If briefing is required in a case that is reviewed by the commissioner under the substantial evidence standard, the respondent's brief shall conform to the requirements of the petitioner's brief, except that the respondent's brief need not include a statement of the case, statement of the issues presented, or a statement of the facts, unless the respondent is dissatisfied with that portion of the petitioner's brief.(c) Because briefs are meant to acquaint the commissioner with the issues in the case and to present argument that will enable the commissioner to decide the case, substantial compliance with this rule is sufficient, subject to the following.(1) Formal defects. If the administrative law judge determines that this rule has been flagrantly violated, the administrative law judge may require a brief to be amended, supplemented, or redrawn as statutory timelines may allow. If another brief that does not comply with this rule is filed, the administrative law judge may strike the brief, prohibit the party from filing another, and proceed as if the party had failed to file a brief.(2) Substantive defects. If the administrative law judge determines either before or after submission, that the case has not been properly presented in the briefs, or that the law and authorities have not been properly cited in the briefs, the administrative law judge may, if statutory timelines allow, postpone submission, require additional briefing, and make any order necessary for a satisfactory submission of the case.</content><note type="source"><p>Source Note: The provisions of this §157.1058 adopted to be effective July 20, 2004, 29 TexReg 6887.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1059"><num value="157.1059">§157.1059</num><heading>Filing of Exceptions and Replies to Proposal for Decision</heading><content>(a) A copy of the proposal for decision in a hearing shall be simultaneously delivered, emailed, or mailed by certified mail, return receipt requested, to each party representative of record.(b) Exceptions to the proposal for decision shall be filed within 30 calendar days of the date of the proposal for decision.(c) Replies to exceptions shall be filed within 50 calendar days of the date of the proposal for decision.(d) All disagreements with the factual findings and legal conclusions of the proposal for decision must be made in the parties' exceptions to the proposal for decision or be waived.(e) The exceptions shall be specifically and concisely stated. The evidence relied upon shall be stated with particularity, and any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.(f) The timelines may be modified by the administrative law judge.</content><note type="source"><p>Source Note: The provisions of this §157.1059 adopted to be effective July 20, 2004, 29 TexReg 6887; amended to be effective January 10, 2023, 48 TexReg 49.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1060"><num value="157.1060">§157.1060</num><heading>Orders</heading><content>After the time for filing exceptions and replies to exceptions expires, the administrative law judge's proposal for decision will be considered by the commissioner and either adopted or modified. All final decisions or orders of the commissioner shall be in writing and signed. A final decision shall include findings of fact and conclusions of law separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Party representatives shall be simultaneously notified either personally, by certified mail, by email, or by facsimile transmission of each decision or order.</content><note type="source"><p>Source Note: The provisions of this §157.1060 adopted to be effective July 20, 2004, 29 TexReg 6887; amended to be effective January 10, 2023, 48 TexReg 49.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scAA/s157.1061"><num value="157.1061">§157.1061</num><heading>Motions for Rehearing</heading><content>(a) In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party representative within 25 days after the date the decision or order that is the subject of the motion is signed.(b) Replies to a motion for rehearing must be filed with the agency within 40 days after the date the decision or order that is the subject of the motion is signed.(c) Agency action on the motion for rehearing must be taken within 55 days after the date the decision or order that is the subject of the motion is signed. If agency action is not taken within the 55-day period, the motion for rehearing is overruled by operation of law 55 days after the date the decision or order that is the subject of the motion is signed.(d) The agency may, by written order, extend the period of time for filing the motions or replies and taking agency action, except that an extension may not extend the period for agency action beyond 100 days after the date the decision or order that is the subject of the motion is signed.(e) In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order, or in the absence of a fixed date, 100 days after the date the decision or order that is the subject of the motion is signed.</content><note type="source"><p>Source Note: The provisions of this §157.1061 adopted to be effective July 20, 2004, 29 TexReg 6887; amended to be effective May 18, 2021, 46 TexReg 3125.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c157/scBB"><num value="BB">SUBCHAPTER BB</num><heading>SPECIFIC APPEALS TO THE COMMISSIONER</heading><section identifier="/us/state/tx/tac/t19/p2/c157/scBB/s157.1071"><num value="157.1071">§157.1071</num><heading>Hearings in Which the Texas Education Agency is a Party</heading><content>(a) All requests for hearing in which the Texas Education Agency (the agency) is a petitioner or respondent shall be heard by the State Office of Administrative Hearings (SOAH).(b) In hearings in which the agency is not the petitioner, petitions for review or requests for hearing shall be filed with the commissioner within 30 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner, except as otherwise provided by law or agency rule.(c) The agency's division responsible for hearings and appeals shall transmit the petition for review or request for hearing and a request to docket the hearing to SOAH.(d) The agency administrative law judge may issue subpoenas if the requirements of Texas Government Code, §2001.089, are met. To obtain a subpoena, the moving party shall meet the following requirements.(1) The motion shall set forth good cause for the issuance of the subpoena. The statement of good cause must be more than a conclusory statement that the witness' testimony is reasonably calculated to lead to the discovery of admissible evidence. The statement should specify how the requested testimony is likely to lead to admissible evidence concerning a particular issue in the case, including a statement of the operative facts.(2) The motion shall contain a statement that counsel or the party, if not represented by counsel, has dedicated funds sufficient to pay a witness or deponent who is not a party to the case, the amount required under Texas Government Code, §2001.103, and will tender that amount to the witness or deponent no later than immediately following testimony or when the witness or deponent is released.(3) If a party requests a witness to bring documents or objects, the motion should specifically identify the documents or objects and specify the good cause for each document or object.(4) Motions to quash subpoenas must be filed with the SOAH.(e) In cases where discovery is appropriate, the agency administrative law judge may issue a commission for deposition in accordance with Texas Government Code, §2001.094.(1) The commission for deposition allows the court reporter to issue subpoenas necessary to require that witnesses appear and produce books, records, papers, or other objects necessary and proper for the purposes of the proceeding.(2) To obtain a commission for deposition, the party shall file a motion that sets forth good cause for obtaining a commission for deposition. The statement of good cause must be more than a conclusory statement that such discovery is reasonably calculated to lead to the discovery of admissible evidence. The statement should set forth a statement of the operative facts.(3) The motion shall contain a statement that counsel or the party, if not represented by counsel, has dedicated funds sufficient to pay a deponent, who is not a party to the case, the amount required under Texas Government Code, §2001.103, and will tender that amount to the witness or deponent no later than immediately following testimony or when the witness or deponent is released.(4) If a party requests a witness to bring documents or objects, the motion should specifically identify the documents or objects and specify the good cause for each document or object. The motion should also identify the time and place for the deposition.(5) Motions to quash depositions must be filed with the SOAH.</content><note type="source"><p>Source Note: The provisions of this §157.1071 adopted to be effective July 20, 2004, 29 TexReg 6893; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scBB/s157.1072"><num value="157.1072">§157.1072</num><heading>Hearings Brought Under Texas Education Code, Chapter 21, Subchapter G</heading><content>(a) Applicability. This section shall apply to all hearings under the Texas Education Code (TEC), Chapter 21, Subchapter G. To the extent that this section conflicts with any other sections governing hearings before the commissioner, this section shall prevail.(b) Standard of review. All hearings under this section shall be decided upon a substantial evidence review of the record created before an independent hearing examiner or the board of trustees except that the administrative law judge may take evidence of procedural irregularities that are not reflected in the local record that occurred at a hearing before an independent hearing examiner. In a request for an evidentiary hearing, a party shall identify the specific defect and its claimed effect on the decision of the board of trustees or board subcommittee. After such evidentiary hearing, the commissioner may:(1) remand the case to the board of trustees with instructions;(2) reverse the decision of the board of trustees; or(3) decide the case on the merits if the commissioner finds that a procedural irregularity occurred but finds that the procedural irregularity was harmless.(c) Petition for review. A teacher wishing to appeal the decision of a board of trustees or board subcommittee must file with the commissioner or the agency's division responsible for hearings and appeals a petition for review not later than the 20th day after the date the board of trustees or the board subcommittee announces its decision under TEC, §21.259, or the board notifies the teacher in writing of its decision not to renew the teacher's contract under TEC, §21.208. Failure to timely file a petition for review will result in the dismissal of the hearing. A petition for review may not be amended or supplemented after the deadline for filing a petition for review. A petition for review shall contain the following in numbered paragraphs:(1) a description of the challenged ruling;(2) the date of the challenged ruling;(3) a precise description of the action the teacher wants the commissioner to take on the teacher's behalf;(4) a statement of the jurisdiction and the legal basis of the claim;(5) the name, mailing address, telephone number of the teacher's party representative during business hours, email address, and facsimile number, if any; and(6) the name, mailing address, business telephone number of the school district's representative, email address, and facsimile number, if any.(d) Filing of local record. A school district must file the record of the proceedings before an independent hearing examiner or the board of trustees not later than the 20th day after the date the petition for review is filed. All allegations which require the record for resolution will be deemed against the school district, if the school district fails to timely file the record of the proceedings. If a school district chooses to file an answer, the answer must be filed not later than the 20th day after the date the petition for review is filed or it will be struck as being untimely filed.(1) The record of the proceedings before an independent hearing examiner or the board of trustees that is filed by the school district shall be considered complete and accurate and shall be admitted into evidence for all purposes unless the teacher files objections to the record within seven days after the date of filing. The administrative law judge may conduct a hearing for receiving evidence relevant to such a challenge to the record if it appears that the matter in dispute is material to the outcome of the hearing.(2) The school district shall notify the teacher in writing when the record of the proceedings before the independent hearing examiner or the board of trustees is prepared and make the record available for inspection. A copy of the record shall be provided to the teacher at a reasonable charge upon request.(e) Local record. The record of the proceedings before the independent hearing examiner or the board of trustees shall include:(1) the transcripts of proceedings at the local level;(2) all admitted evidence;(3) all offers of proof;(4) all written pleadings, motions, and intermediate rulings;(5) a description of all matters officially noticed;(6) if applicable, the recommendation of the independent hearing examiner;(7) the transcript of the oral argument before the board of trustees or the board subcommittee;(8) the decision of the board of trustees or the board subcommittee; and(9) if applicable, the board of trustees' or the board subcommittee's written reasons for changing the recommendation of the independent hearing examiner.(f) Authority of administrative law judge. The administrative law judge has the same authority as to the conduct of the hearing and discovery as does an independent hearing examiner under TEC, Chapter 21, Subchapter F. Due to the expedited nature of the hearing before the commissioner, in a hearing where discovery may be taken, the administrative law judge shall establish discovery timelines as justice requires.(g) Motions. All motions requiring a ruling must contain a certificate of conference asserting that the movant has conferred with the opposing party representative and has or has not obtained agreement with the motion. If no conference was conducted, the movant shall state the reasons, amounting to good cause, why the conference was not held. All motions requiring a certificate of conference will be denied without the requirement of a response if the moving party fails to confer with the opposing party as required.(h) Motions without a conference. Any motion for which a conference was not held, when the movant alleges there was good cause not to hold a conference, must be responded to within three days unless the administrative law judge specifies a shorter time to respond. Failure to timely respond will result in a presumption that the motion is unopposed.(i) Nonrenewal hearings without an independent hearing examiner. In a hearing involving the nonrenewal of a term contract that was not heard by an independent hearing examiner, if no fact findings were made, the commissioner will determine whether the decision is supported by substantial evidence by judging whether there is substantial evidence to support the reasons for proposed nonrenewal.(j) Request for rehearing. Not later than the 20th day after the date the party or the party representative receives notice of the commissioner's decision under TEC, §21.304, a party may file a request for rehearing. A request for rehearing is not required for a party to appeal the commissioner's decision under TEC, §21.307. A request for rehearing is denied by operation of law if the commissioner does not issue an order before the 45th day after the date the party or the party's representative receives notice of the commissioner's decision.(k) Motions for summary judgment. Motions for summary judgment are not permitted.(l) Mailbox rule for filings. The mailbox rule does not apply to filings under this section.</content><note type="source"><p>Source Note: The provisions of this §157.1072 adopted to be effective July 20, 2004, 29 TexReg 6893; amended to be effective May 28, 2012, 37 TexReg 3829; amended to be effective January 10, 2023, 48 TexReg 49.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scBB/s157.1073"><num value="157.1073">§157.1073</num><heading>Hearings Brought Under Texas Education Code, §7.057</heading><content>(a) Applicability. This section shall apply to all hearings brought under Texas Education Code (TEC), 7.057. To the extent that this section conflicts with any other section governing hearings before the commissioner, the requirements of this section shall prevail.(b) Jurisdiction. The commissioner has jurisdiction of allegations that a person is aggrieved by:(1) the school laws of the state; or(2) the actions or decisions of any school district board of trustees that violate:(A) the school laws of the state; or(B) a provision of a written employment contract between the school district and a school district employee, if a violation causes or would cause monetary harm to the employee.(c) Petition for review. In a hearing brought against a school district, a petition for review shall contain the following:(1) a description of the challenged ruling, action, or failure to act;(2) the date of the challenged ruling, action, or failure to act;(3) a precise description of the action the petitioner wants the commissioner to take on the petitioner's behalf;(4) a statement of jurisdiction and the legal basis for the claim;(5) the name, mailing address, and business telephone number of the petitioner's party representative, and facsimile number, if any; and(6) the name, mailing address, and business telephone number of respondent or respondent's representative, and facsimile number, if any.(d) Local record. It is the responsibility of the school district to make and preserve the records of the proceedings before the board of trustees. If the school district fails to create and preserve the record without good cause, all substantial evidence issues that require missing portions of the record for resolution shall be deemed against the school district. The record shall include:(1) a tape recording or a transcript of the hearing at the local level. If a tape recording is used:(A) the tape recording must be complete, audible, and clear; and(B) each speaker must be clearly identified;(2) all evidence admitted;(3) all offers of proof;(4) all written pleadings, motions, and intermediate rulings;(5) a description of all matters officially noticed;(6) if applicable, the decision of the hearing examiner;(7) a tape recording or transcript of the oral argument before the board of trustees; and(8) the decision of the board of trustees.(e) Filing of the local record; objection to the record. In all hearings filed against a school district, the school district must file the local record with its answer. The school district shall notify the petitioner in writing when the local record is prepared and make the record available to the petitioner for inspection. A copy of the local record shall be provided to the petitioner for a reasonable charge upon request. In all hearings filed against a school district, the record before the commissioner shall be considered complete and accurate and shall be admitted into evidence for all purposes, unless within 30 days of the date of filing the record, the petitioner files objections to the record that specifically set forth the items that are relevant and material and have been erroneously omitted for the record or portions of the record that are relevant and material but have been inaccurately transcribed. The administrative law judge shall conduct a hearing to receive evidence relevant to the challenge to the record if it appears that the matter in dispute is material to the outcome of the hearing.(f) Supplementation of the local record. In all hearings filed against a school district, the commissioner's decision shall be based on a review of the local record. The administrative law judge may, on the motion of either party, order that the record be reopened and remanded to the district to supplement the transcript or tape recording if it appears that the party has evidence to offer that is material, relevant, or not unduly repetitious that the party, for good cause, was unable to adduce at the local hearing. Good cause for failure to secure the testimony of a witness may be demonstrated by:(1) a clear and unambiguous communication to the witness of the party's intention to call the witness at the hearing;(2) reasonable notice to the witness of the date, time, and place of the board meeting at which the testimony will be required;(3) such reasonable follow-up measures as an ordinary prudent person would exercise to secure the attendance of a material witness at a hearing before the board of trustees; and(4) if the witness is an employee of the district, the district shall produce the witness if reasonable notice is given to the superintendent of the party's intention to call the witness.(g) Oral argument. Upon either party's request, the administrative law judge may afford both parties the opportunity to file briefs and present oral argument concerning the merits of the hearing.(h) Standard of review in hearings against a school district. If no findings of fact are made by the board of trustees, the commissioner shall determine whether the decision is supported by substantial evidence by judging whether any permissible findings of fact support the board's decision. In all hearings against a school district, the commissioner may not substitute his or her judgment for the judgment of the school district on the weight of the evidence questions committed to the discretion of the board of trustees but:(1) may affirm the decision of the board of trustees in whole or in part; and(2) shall reverse or remand the case for further hearings if substantial rights of the petitioner have been prejudiced because the decision of the board of trustees is:(A) in violation of a constitutional or statutory provision;(B) in excess of the statutory authority of the board of trustees;(C) made through unlawful procedure;(D) affected by other error of law;(E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or(F) arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion.(i) Standard of review in hearings not against a school district. In all hearings not against a school district, the commissioner's decision shall be based upon a record developed before the commissioner, and the standard of review shall be preponderance of the evidence.(j) Motion for summary judgment. A motion for summary judgment may not be filed in a hearing that is reviewed under the substantial evidence standard without obtaining leave of the administrative law judge.(k) Administrative Procedure Act adopted. This section adopts for all purposes the provisions of the Administrative Procedure Act, Texas Government Code, Chapter 2001.</content><note type="source"><p>Source Note: The provisions of this §157.1073 adopted to be effective July 20, 2004, 29 TexReg 6893.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c157/scCC"><num value="CC">SUBCHAPTER CC</num><heading>HEARINGS OF APPEALS ARISING UNDER FEDERAL LAW AND REGULATIONS</heading><section identifier="/us/state/tx/tac/t19/p2/c157/scCC/s157.1081"><num value="157.1081">§157.1081</num><heading>Applicant's Opportunity for a Hearing Prior to Denial of an Application</heading><content>(a) Before the Texas Education Agency (TEA) disapproves an application filed under any of the following programs, the commissioner of education shall provide the applicant with notice and an opportunity for a hearing:(1) Chapter 1, program in local educational agencies, as authorized under the Elementary and Secondary Education Act of 1965, Title I, Chapter 1, as amended (20 United States Code (USC), §§2701-2731, 2821-2838, 2851-2854, and 2891-2901; and 34 Code of Federal Regulations (CFR), Part 200);(2) Chapter 1, program for neglected or delinquent children, as authorized under the Elementary and Secondary Education Act of 1965, Title I, Chapter 1, as amended (20 USC, §§2801-2804; and 34 CFR, Part 203);(3) state grants for strengthening instruction in mathematics and science, as authorized under the Elementary and Secondary Education Act of 1965, Title II, Part A, as amended (20 USC, §§2981-2993; and 34 CFR, Part 208);(4) federal, state, and local partnership for educational improvement, as authorized under the Elementary and Secondary Education Act of 1965, Title I, Chapter 2, as amended (20 USC, §§2911-2952 and 2971-2976; and 34 CFR, Part 298);(5) assistance to states for education of children with disabilities, as authorized under the Individuals with Disabilities Education Act, Part B (except Section 619) (20 USC, §§1411-1420; and 34 CFR, Part 300);(6) preschool grants, as authorized under the Individuals with Disabilities Education Act, §619 (20 USC, §1419; and 34 CFR, Part 301);(7) Chapter 1, state operated or supported programs for children with disabilities, as authorized under the Elementary and Secondary Education Act of 1965, Title I, Chapter 1, as amended (20 USC, §§2791-2795; and 34 CFR, Part 302);(8) transition program for refugee children, as authorized under the Immigration and Naturalization Act, §412(d) (8 USC, §1522(d); and 34 CFR, Part 538);(9) emergency immigrant education program, as authorized under the Emergency Immigrant Education Act (20 USC, §§3121-3130; and 34 CFR, Part 581); or(10) financial assistance for construction, reconstruction, or renovation of higher education facilities, as authorized under the Higher Education Act of 1965, §711 (20 USC, §1132b; and 34 CFR, Part 617).(b) If the applicant applied under a program not listed in subsection (a) of this section, the commissioner of education shall provide an opportunity for a hearing either before or after TEA disapproves the application.(c) An applicant for a subgrant may request a hearing under §157.1083 of this title (relating to Procedures for Hearing for Denial of an Application or an Enforcement Action) if the applicant alleges that any of the following TEA actions violates a state or federal statute or regulation:(1) disapproval of, or failure to approve, the application or project in whole or in part; or(2) failure to provide funds in amounts in accordance with the requirements of statutes and regulations.</content><note type="source"><p>Source Note: The provisions of this §157.1081 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scCC/s157.1082"><num value="157.1082">§157.1082</num><heading>Grantee's or Subgrantee's Opportunity for a Hearing in an Enforcement Action</heading><content>(a) The Texas Education Agency (TEA) may take one or more of the following actions specified in 2 Code of Federal Regulations, §200.339, as appropriate in the circumstances, if a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a federal statute or regulation as an assurance, in a state plan or application, in a notice of award, or elsewhere:(1) temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee or more severe enforcement action by the awarding agency;(2) disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance;(3) wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program;(4) withhold further awards for the program; or(5) take other remedies that may be legally available.(b) In taking enforcement action, TEA shall provide the grantee or subgrantee an opportunity for any hearing, appeal, or other administrative proceeding to which the grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.</content><note type="source"><p>Source Note: The provisions of this §157.1082 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829; amended to be effective November 28, 2023, 48 TexReg 6902.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scCC/s157.1083"><num value="157.1083">§157.1083</num><heading>Procedures for Hearing for Denial of an Application or an Enforcement Action</heading><content>(a) Requirements for request for hearing.(1) The applicant, grantee, or subgrantee shall file a request for a hearing within 30 days after the date of the action taken by the Texas Education Agency (TEA).(2) The request for hearing shall follow the filing requirements set forth in TEA's notice of action.(3) The applicant, grantee, or subgrantee shall specify the action or proposed action that is the subject of the requested hearing, the statutory or regulatory authority identifying and supporting a finding that a violation occurred, and specific facts supporting a finding that the action taken by TEA is in error.(b) Hearings process.(1) The commissioner of education or a designee of the commissioner shall hold a hearing on the record and review the action taken by TEA within 30 days after a request for hearing is received by the director of hearings or the designated docket clerk for the TEA Division of Hearings.(2) The TEA shall make available at reasonable times and places to each applicant, grantee, or subgrantee all TEA records pertaining to any review or appeal the applicant is conducting under this section, including records of other applicants.(3) No later than ten days after the hearing, the commissioner of education or the commissioner's designee shall issue a written ruling, including findings of fact and reasons for the ruling.(4) If the commissioner of education or the commissioner's designee determines that the action taken by TEA is contrary to state or federal statutes or regulations that govern the applicable program, TEA shall be ordered to rescind the action.</content><note type="source"><p>Source Note: The provisions of this §157.1083 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scCC/s157.1084"><num value="157.1084">§157.1084</num><heading>Appeal from the Decision of the Commissioner of Education</heading><content>If the commissioner of education or the commissioner's designee does not rescind the final action after the review under §157.1083(b) of this title (relating to Procedures for Hearing for Denial of an Application or an Enforcement Action), the applicant may appeal to the secretary of education under 34 CFR, §76.401(d)(5) and (6).</content><note type="source"><p>Source Note: The provisions of this §157.1084 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c157/scD"><num value="D">SUBCHAPTER D</num><heading>INDEPENDENT HEARING EXAMINERS</heading><section identifier="/us/state/tx/tac/t19/p2/c157/scD/s157.41"><num value="157.41">§157.41</num><heading>Certification Criteria for Independent Hearing Examiners</heading><content>(a) License required. An individual who is certified as an independent hearing examiner must be licensed to practice law in the State of Texas.(b) Representations prohibited. An independent hearing examiner, and the law firm with which the independent hearing examiner is associated, must not serve as an agent or representative of:(1) a school district;(2) a teacher in any dispute with a school district; or(3) an organization of school employees, school administrators, or school boards.(c) Moral character and criminal history. An independent hearing examiner must:(1) possess good moral character; and(2) as demonstrated by a criminal history report process required by the commissioner of education, not have been convicted, given probation (whether through deferred adjudication or otherwise), or fined for:(A) a felony;(B) a crime of moral turpitude; or(C) a crime that directly relates to the duties of an independent hearing examiner in a public school setting.(d) Status as a licensed attorney. An independent hearing examiner must:(1) currently be a member in good standing of the State Bar of Texas;(2) within the last three years, not have had the independent hearing examiner's bar license:(A) reprimanded, either privately or publicly;(B) suspended, either probated or otherwise; or(C) revoked;(3) have been licensed to practice law in the State of Texas or any other state for at least three years prior to application; and(4) have engaged in the actual practice of law on a full-time basis, as defined by the Texas Board of Legal Specialization, for at least three years.(e) Experience. During the three years immediately preceding certification, an independent hearing examiner must have devoted a minimum of 50% of the examiner's time practicing law in some combination of the following areas, with a total of at least one-tenth or 10% of the independent hearing examiner's practice involving substantial responsibility for taking part in a contested evidentiary proceeding convened pursuant to law in which the independent hearing examiner personally propounded and/or defended against questions put to a witness under oath while serving as an advocate, a hearing officer, or a presiding judicial officer:(1) civil litigation;(2) administrative law;(3) school law;(4) labor law;(5) family law;(6) criminal law; or(7) personal injury law.(f) Continuing education. During each year of certification, an independent hearing examiner must receive credit for ten hours of continuing legal education, with three hours in the area of school law and seven hours in the area of civil trial advocacy and legal writing skills, which must include any combination of course work in evidence, civil procedure, and legal writing skills, during the period January 1 to December 31 of each year of certification.(g) Sworn application. In order to be certified as an independent hearing examiner, an applicant must submit a sworn application to the commissioner of education. The application shall contain the following acknowledgments, waivers, and releases.(1) The applicant agrees to authorize appropriate institutions to furnish relevant documents and information necessary in the investigation of the application, including information regarding grievances maintained by the State Bar of Texas.(2) If selected as an independent hearing examiner, the applicant has the continuing duty to disclose grievance matters under subsection (d)(2) of this section at any time during the certification period. Failure to report these matters constitutes grounds for rejecting an application or removal as an independent hearing examiner.(3) If selected as an independent hearing examiner, the applicant has the continuing duty to disclose criminal matters under subsection (d)(2) of this section at any time during the certification period. Failure to report these matters constitutes grounds for rejecting an application or removal as an independent hearing examiner.(h) Assurances as to position requirements. In the sworn application, the applicant must:(1) demonstrate that the applicant currently maintains an office or offices within the State of Texas;(2) designate the office locations from which the applicant will accept appointments;(3) demonstrate that the applicant provides telephone messaging and facsimile services during regular business hours;(4) agree to attend meetings of independent hearing examiners in Austin, Texas, at the examiner's expense; and(5) agree to comply with all reporting and procedural requirements established by the commissioner.(i) Voluntary evaluations. The commissioner may solicit voluntary evaluations from parties to a case regarding their observations of the independent hearings process.(j) Insufficient examiners in a region. In the event that insufficient numbers of independent hearing examiners are certified for any geographic region of the state, the commissioner may assign an independent hearing examiner whose office is within reasonable proximity to the school district.(k) Annual recertification.(1) Certification expires on December 31 of each calendar year. All independent hearing examiners seeking recertification shall reapply on a date specified by the commissioner. Certification as a hearing examiner is effective on a yearly basis only and does not confer any expectation of recertification in subsequent years.(2) The commissioner, in his discretion, after providing notice and an opportunity to respond, may decline to recertify an independent hearing examiner, if the commissioner determines that the independent hearing examiner has failed to perform the duties of an independent hearing examiner in a competent manner. The commissioner may consider, but is not limited to, the following factors:(A) timeliness;(B) accuracy and appropriateness of procedural and evidentiary rulings;(C) decorum or control; or(D) application of appropriate legal standards.(3) The commissioner's decision in regard to recertification is final and not appealable.(l) Action against certification. The commissioner, after providing notice and an opportunity to respond, may take action against the certificate of an independent hearing examiner if it is determined that the independent hearing examiner or the law firm with which the independent hearing examiner is associated, during the time the independent hearing examiner has been certified, has:(1) served as an agent or representative of a school district;(2) served as an agent or representative of a teacher in any dispute with a school district;(3) served as an agent or representative of an organization of school employees, school administrators, or school boards; or(4) failed to timely issue a recommendation.</content><note type="source"><p>Source Note: The provisions of this §157.41 adopted to be effective December 15, 1995, 20 TexReg 9695; amended to be effective September 1, 1997, 22 TexReg 7035; amended to be effective September 1, 1998, 23 TexReg 7783; amended to be effective April 27, 2008, 33 TexReg 3264; amended to be effective March 7, 2012, 37 TexReg 1513; amended to be effective August 27, 2018, 43 TexReg 1854; amended to be effective October 21, 2019, 44 TexReg 6030; amended to be effective May 26, 2024, 49 TexReg 3530.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c157/scDD"><num value="DD">SUBCHAPTER DD</num><heading>HEARINGS CONDUCTED BY INDEPENDENT HEARING EXAMINERS</heading><section identifier="/us/state/tx/tac/t19/p2/c157/scDD/s157.1101"><num value="157.1101">§157.1101</num><heading>Rates of Independent Hearing Examiners</heading><content>(a) An independent hearing examiner shall be compensated at the rate of $125 per hour for billable professional services. Billable professional services are activities that directly relate to implementing a hearing assignment, including prehearing and post-hearing telephone conferences; drafting and reviewing correspondence, documents, and evidence; participating in an evidentiary hearing; and drafting and finalizing an opinion or recommendation. (b) An independent hearing examiner is eligible to receive a maximum compensation of $10,000 for each case. This amount may not be increased. (c) While conducting a hearing, an independent hearing examiner is entitled to receive per diem and expenses at rates established by the State of Texas for overnight travel related to official state business. Per diem includes food, lodging, and transportation. (See https://fmx.cpa.state.tx.us/fm/travel/travelrates.php) (d) An independent hearing examiner is entitled to reimbursement for expenses directly related to the hearing such as long distance telephone calls, postage to the parties or to the commissioner of education, cost of copies, or facsimiles. An independent hearing examiner may not be reimbursed for expenses arising from legal research such as computerized legal research services. An independent hearing examiner may not be reimbursed for expenses related to acquiring research materials or for registration fees to attend required continuing legal education seminars and conferences. (e) All billings and claims for reimbursement shall be prepared pursuant to this section and shall be presented to the school district for payment. Compensable hourly services shall be billed in quarter-hour increments. An independent hearing examiner may not be compensated for services rendered by any other person.</content><note type="source"><p>Source Note: The provisions of this §157.1101 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 7, 2006, 31 TexReg 3533; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scDD/s157.1102"><num value="157.1102">§157.1102</num><heading>Assignment of Independent Hearing Examiners</heading><content>(a) The Texas Education Agency (TEA) division responsible for hearings and appeals shall notify an independent hearing examiner by email that he or she has been assigned a hearing. The independent hearing examiner shall, by return email or facsimile to the division within 72 hours, acknowledge the assignment and indicate whether he or she is able to accept the assignment. The division shall notify the parties to the hearing of the assignment.(b) If the independent hearing examiner is unable to accept the assignment, the independent hearing examiner shall notify the TEA division responsible for hearings and appeals by telephone, email, or facsimile as soon as possible within 72 hours after the assignment.(c) Failure to comply with subsection (b) of this section shall result in the case being assigned to another independent hearing examiner.</content><note type="source"><p>Source Note: The provisions of this §157.1102 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829; amended to be effective January 10, 2023, 48 TexReg 49.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scDD/s157.1103"><num value="157.1103">§157.1103</num><heading>Report of the Independent Hearing Examiner</heading><content>(a) Within ten calendar days after issuing proposed findings of fact and conclusions of law, the independent hearing examiner shall submit the findings and conclusions, along with any recommended relief, to the commissioner of education.(b) The recommendation shall be transmitted as an attachment to an email and a scanned copy or a paper copy of the signature page shall be submitted to complete the filing.</content><note type="source"><p>Source Note: The provisions of this §157.1103 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p2/c157/scEE"><num value="EE">SUBCHAPTER EE</num><heading>INFORMAL REVIEW, HEARING FOLLOWING INVESTIGATION, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS</heading><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1121"><num value="157.1121">§157.1121</num><heading>Applicability</heading><content>This division applies to:(1) a final investigation report issued under the Texas Education Code (TEC), §39.003, except when the final investigation report includes a recommendation for a board of managers, alternative management of a campus, or the closure of a district or district campus;(2) an over-allocation to an open-enrollment charter school described under §100.1041(e) of this title (relating to State Funding);(3) a determination to deny a petition for renewal and allow a charter of an open-enrollment charter school to expire pursuant to the TEC, §12.1141(d);(4) a decision subject to review by the State Office of Administrative Hearings under Division 3 of this subchapter (relating to State Office of Administrative Hearings Substantial Evidence Review) or Division 4 of this subchapter (relating to State Office of Administrative Hearings Arbitrary and Capricious or Clearly Erroneous Review);(5) the assignment of an accreditation status; and(6) any other investigation made subject to this division at the sole discretion of Texas Education Agency staff.</content><note type="source"><p>Source Note: The provisions of this §157.1121 adopted to be effective September 18, 2014, 39 TexReg 7334; amended to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1122"><num value="157.1122">§157.1122</num><heading>Notice of Informal Review</heading><content>A final report, an assignment, a determination, or a decision subject to this division must be presented in writing to the school district or open-enrollment charter school that the Texas Education Agency (TEA) finds has violated a law, rule, or policy and must:(1) describe the factual and legal basis for each violation;(2) identify the action proposed to be taken as a result of the final report, assignment, determination, or decision;(3) describe the procedures for obtaining an informal review of the final report, assignment, determination, or decision;(4) identify the TEA representative to whom the request for an informal review may be addressed; and(5) set a deadline for requesting and submitting items and information to be considered during an informal review.</content><note type="source"><p>Source Note: The provisions of this §157.1122 adopted to be effective September 18, 2014, 39 TexReg 7334; amended to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1123"><num value="157.1123">§157.1123</num><heading>Informal Review</heading><content>(a) A school district, an open-enrollment charter school, or any person who is subject to an investigation, assignment, determination, or decision identified in §157.1121 of this title (relating to Applicability) may request, in writing, an informal review under this section.(b) A written request for informal review must be addressed to the designated Texas Education Agency (TEA) representative. The written request must be received by the TEA representative on or before the deadline identified in the notice issued under §157.1122 of this title (relating to Notice of Informal Review).(c) A school district, an open-enrollment charter school, or any person requesting the informal review may submit written information to the TEA representative by the deadline set forth in the notice issued under §157.1122 of this title. In addition, the TEA representative may require attendance at a meeting at the TEA headquarters in Austin, Texas, or by telephone or virtual meeting platform, to discuss the findings and/or provide additional information for review. For an informal review of a decision to non-renew the charter of an open-enrollment charter school pursuant to the Texas Education Code (TEC), §12.1141(c), or a decision to revoke the charter of an open-enrollment charter school or reconstitute the governing board of the charter holder under the TEC, §12.115(a), the TEA representative shall, at the request of the open-enrollment charter school, meet with representatives from the open-enrollment charter school at the TEA headquarters in Austin, Texas, or by telephone or virtual meeting platform. This meeting is part of the informal review but is not a contested case hearing. The meeting will not include the examination of any witnesses, including TEA staff. The rules of civil procedure and evidence, including rules prohibiting ex parte communications, do not apply.(d) If no informal review is requested by the deadline, an assignment, a determination, or a decision may be issued without informal review.(e) An informal review is not governed by the TEC, §7.057, or by the Texas Government Code, Chapter 2001.(f) Following the informal review by the TEA representative, an assignment, a determination, or a decision will be issued. The assignment, determination, or decision may include changes or additions to the preliminary report or action, and such modifications are not subject to another informal review procedure. An assignment, a determination, or a decision issued following an informal review is final and may not be appealed, except as provided by law or rule. For an informal review of a decision to non-renew the charter of an open-enrollment charter school pursuant to the TEC, §12.1141(c), or a decision to revoke the charter of an open-enrollment charter school or reconstitute the governing board of the charter holder under the TEC, §12.115(a), the final decision shall include a written response to any information the charter holder submits under this section.</content><note type="source"><p>Source Note: The provisions of this §157.1123 adopted to be effective September 18, 2014, 39 TexReg 7334; amended to be effective June 9, 2016, 41 TexReg 4010; amended to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1131"><num value="157.1131">§157.1131</num><heading>Applicability</heading><content>This division applies only to a commissioner of education decision resulting from a special investigation to:(1) appoint a board of managers;(2) appoint alternative management to a campus; or(3) close a school district or district campus.</content><note type="source"><p>Source Note: The provisions of this §157.1131 adopted to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1133"><num value="157.1133">§157.1133</num><heading>Hearing Procedures</heading><content>A hearing requested pursuant to §157.1131 of this title (relating to Applicability) shall be conducted in the following manner.(1) The hearing shall be conducted by the State Office of Administrative Hearings unless the school district or open-enrollment charter school and the Texas Education Agency (TEA) agree in writing to the appointment of another qualified person to conduct the hearing.(2) Except as otherwise provided by this subchapter, a hearing conducted under this section is a contested case under Texas Government Code, Chapter 2001.(3) A hearing conducted under this section shall be held at the administrative offices of the school district or open-enrollment charter school that requested the hearing or at another location within the geographic boundaries of the district or charter school agreed to by the district and TEA, unless the district or charter school and TEA agree in writing to a different location.(4) To protect the privacy of a witness who is a child, the hearing examiner or the person conducting the hearing may:(A) close the hearing to receive the testimony of the witness; or(B) order that the testimony or a statement of the witness be presented using the procedures prescribed by the Code of Criminal Procedure, Article 38.071.(5) Not later than 90 calendar days after the date on which the school district or open-enrollment charter school requests a hearing, the hearing examiner or the person conducting the hearing shall issue and submit to the commissioner of education findings of fact and conclusions of law. The hearing examiner or the person conducting the hearing may not issue a recommendation for relief.(6) A hearing conducted under this section may not be held on a Saturday, Sunday, or state or federal holiday, unless agreed to by the school district or open-enrollment charter school that requested the hearing and TEA.</content><note type="source"><p>Source Note: The provisions of this §157.1133 adopted to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1134"><num value="157.1134">§157.1134</num><heading>Commissioner Determination</heading><content>(a) After a hearing is conducted under Texas Education Code (TEC), §39.005, the commissioner of education shall provide an opportunity for the Texas Education Agency (TEA) and the school district or open-enrollment charter school to present oral argument to the commissioner regarding the disagreement that formed the basis of the hearing. The commissioner shall provide TEA and the school district or open-enrollment charter school with equal time for oral argument.(b) After hearing any oral argument presented under subsection (a) of this section, the commissioner shall issue a written decision to the school district or open-enrollment charter school that contains:(1) findings of fact;(2) conclusions of law; and(3) sanctions, interventions, or other actions authorized by law.(c) In determining the written decision under subsection (b) of this section, the commissioner shall consider:(1) the record of the hearing conducted under TEC, §39.005;(2) the findings of fact and conclusions of law issued by the hearing examiner or the person conducting the hearing under TEC, §39.005(h); and(3) the oral arguments presented under subsection (a) of this section.(d) The commissioner may accept, reject, or amend the conclusions of law issued by the hearing examiner or the person who conducted the hearing under TEC, §39.005, regarding the interpretation of a provision of the TEC.(e) The commissioner may not reject or amend a finding of fact issued by the hearing examiner or the person who conducted the hearing under TEC, §39.005, unless the commissioner, after reviewing the record, determines that a finding of fact is not supported by substantial, admissible evidence.(f) The commissioner shall provide in writing the legal basis and reason for any amendment or rejection of a finding of fact or conclusion of law made by the hearing examiner or the person who conducted the hearing under TEC, §39.005.</content><note type="source"><p>Source Note: The provisions of this §157.1134 adopted to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1135"><num value="157.1135">§157.1135</num><heading>Judicial Review</heading><content>(a) Notwithstanding Texas Government Code, Chapter 2001, a school district or open-enrollment charter school may only appeal a decision made by the commissioner of education under Texas Education Code (TEC), §39.006, and this section in accordance with TEC, §39.007, and this section.(b) A school district or open-enrollment charter school may appeal a decision made by the commissioner under TEC, §39.006, and this section to:(1) a district court with jurisdiction in the county in which the school district's or open-enrollment charter school's central administrative offices are located; or(2) a district court in Travis County, if agreed to by the school district or open-enrollment charter school and the commissioner.(c) A school district or open-enrollment charter school must file an appeal under this section not later than 30 calendar days after the date on which the district or charter school received the commissioner's written decision under TEC, §39.006(b), and §157.1134(b) of this title (relating to Commissioner Determination).(d) The filing of an appeal under this section does not affect or stay the enforcement of the commissioner's written decision issued under TEC, §39.006(b), and §157.1134 of this title.(e) A court hearing an appeal under this section shall review the decision issued by the commissioner under TEC, §39.006(b), and §157.1134(b) of this title under the substantial evidence rule as provided by Texas Government Code, Chapter 2001, Subchapter G, after examining:(1) the evidentiary record of the hearing conducted under TEC, §39.005, and §157.1133 of this title (relating to Hearing Procedures);(2) the findings of fact issued by the hearing examiner or the person who conducted the hearing under TEC, §39.005, and §157.1133 of this title; and(3) any amendment or rejection of a finding of fact made by the commissioner under TEC, §39.006, and §157.1134 of this title.(f) A court hearing an appeal under this section may not take additional evidence.(g) A court hearing an appeal under this section may review any amendment to or rejection of a finding of fact made by the commissioner. If the court determines that the amendment or rejection was not supported by substantial evidence, the court shall reject the commissioner's amended finding of fact and consider instead the original finding issued by the hearing examiner or the person who conducted the hearing under TEC, §39.005, and §157.1133 of this title.(h) Notwithstanding Texas Government Code, §2001.174, the court may not reverse or remand a decision issued by the commissioner under TEC, §39.006(b), and §157.1134(b) of this title based on a procedural error or irregularity made by the commissioner, an agency investigator, or the hearing examiner or the person who conducted the hearing under TEC, §39.005, and §157.1133 of this title, unless the court determines that the procedural error or irregularity is likely to have caused an erroneous decision by the commissioner.</content><note type="source"><p>Source Note: The provisions of this §157.1135 adopted to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1151"><num value="157.1151">§157.1151</num><heading>Applicability</heading><content>This division applies only to review of a commissioner of education decision to:(1) close a school district under the Texas Education Code (TEC), Chapter 39 or 39A;(2) close an open-enrollment charter school under TEC, Chapter 39 or 39A;(3) close a school district campus under TEC, Chapter 39 or 39A;(4) close an open-enrollment charter school campus under TEC, Chapter 39 or 39A;(5) order alternative management of a school district campus under TEC, Chapter 39 or 39A;(6) order alternative management of an open-enrollment charter school under TEC, Chapter 39 or 39A;(7) appoint a board of managers to a school district under TEC, Chapter 39 or 39A, unless the school district is owed a contested hearing under TEC, §39.005;(8) appoint a board of managers to an open-enrollment charter school under TEC, Chapter 39 or 39A, unless the charter school is owed a contested hearing under TEC, §39.005;(9) appoint a conservator or management team to a school district under TEC, Chapter 39 or 39A; and(10) appoint a conservator or management team to an open-enrollment charter school under TEC, Chapter 39 or 39A.</content><note type="source"><p>Source Note: The provisions of this §157.1151 adopted to be effective September 18, 2014, 39 TexReg 7334; amended to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1153"><num value="157.1153">§157.1153</num><heading>Applicability of Other Law</heading><content>(a) A review under this division shall be governed by the procedures provided by this division and is not subject to the Texas Government Code, Chapter 2001, except as provided by the Texas Education Code, §39A.301.(b) A review conducted by the State Office of Administrative Hearings (SOAH) under this division is governed by Chapter 155 of Title 1 (relating to Rules of Procedure), except as modified herein.(c) To the extent that a provision of this division conflicts with a rule or practice of the SOAH, this division shall prevail.</content><note type="source"><p>Source Note: The provisions of this §157.1153 adopted to be effective September 18, 2014, 39 TexReg 7334; amended to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1155"><num value="157.1155">§157.1155</num><heading>Petition for Review</heading><content>(a) A school district or an open-enrollment charter school subject to a decision defined by §157.1151 of this title (relating to Applicability) (petitioner) may file with the Texas Education Agency (TEA) a petition for review of the decision or determination under this division. The petition must be received by the TEA not later than the 15th calendar day after the notice is sent to the petitioner.(1) The petition for review shall include a copy of the challenged decision and any attachments or exhibits to the decision.(2) The petition for review shall concisely state, in numbered paragraphs:(A) if alleging the decision was made in violation of a statutory provision, the statutory provision violated and the specific facts supporting a conclusion that the statute was violated by the decision;(B) if alleging the decision was made in excess of the TEA's statutory authority, the TEA's statutory authority and the specific facts supporting a conclusion that the decision was made in excess of this authority;(C) if alleging the decision was made through unlawful procedure, the lawful procedure and the specific facts supporting a conclusion that the decision was made through unlawful procedure;(D) if alleging the decision was affected by other error of law, the law violated and the specific facts supporting a conclusion that the decision violated that law;(E) if alleging the decision was not reasonably supported by substantial evidence considering the reliable and probative evidence, each finding, inference, conclusion, or decision that was unsupported by substantial evidence;(F) if alleging the decision was arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, each finding, inference, conclusion, or decision affected and the specific facts supporting a conclusion that each was so affected; and(G) for each violation, error, or defect alleged under subparagraphs (A)-(F) of this paragraph, the substantial rights of the school district or charter school that were prejudiced by such violation, error, or defect.(3) A petition for review shall further contain:(A) a concise statement of the relief sought by the petitioner; and(B) the name, mailing address, telephone number, and facsimile number of the petitioner's representative.(4) A request for relief in a review under this division may not be made orally or as part of the record at a prehearing conference or hearing.(b) Failure to comply with the requirements of subsection (a) of this section shall result in dismissal of the petition for review and final action without further review and without referral to the State Office of Administrative Hearings (SOAH).(c) The TEA shall transmit the petition for review to the SOAH with a request that it be docketed.(d) The TEA shall file a notice of hearing, present evidence and arguments, and otherwise fully participate as a party in the contested case proceeding.</content><note type="source"><p>Source Note: The provisions of this §157.1155 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective December 22, 2010, 35 TexReg 11238; amended to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1157"><num value="157.1157">§157.1157</num><heading>Standard of Review</heading><content>(a) In response to a challenge to a commissioner of education decision under the Texas Education Code (TEC), §39.152, the administrative law judge shall conduct a hearing to consider evidence and arguments regarding the decision. Based on the evidence and arguments presented, the administrative law judge shall review the commissioner's decision under the substantial evidence rule as provided by Government Code, §2001.174 and §2001.175, and judicial case precedents construing those provisions.(b) The State Office of Administrative Hearings (SOAH) may not substitute its judgment for the judgment of the commissioner on questions committed to the commissioner's discretion. Questions committed to the commissioner's discretion include, but are not limited to, the following:(1) any questions arising under a statute, rule, or other legal standard that requires or permits the commissioner to make a decision within general legal guidelines that do not mandate a specific result under the circumstances; and(2) the execution of any act authorized or required to be taken by the commissioner.(c) The SOAH may not substitute its judgment for the judgment of the commissioner on the weight to be assigned the evidence before the commissioner.(d) The SOAH may affirm the commissioner decision in whole or in part.(e) The SOAH shall reverse and remand the decision for further proceedings if substantial rights of the school district or open-enrollment charter school have been prejudiced because the administrative findings, inferences, conclusions, or decisions of the commissioner are:(1) in violation of a statutory provision;(2) in excess of the commissioner's authority;(3) made through unlawful procedure;(4) affected by other error of law;(5) not reasonably supported by substantial evidence considering the reliable and probative evidence as a whole; or(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.(f) An order of remand may not direct or control the commissioner's exercise of discretion on a matter committed to the commissioner's discretion by §157.1171(b) of this title (relating to Final Decision) and TEC, Chapter 39.(g) On remand, the commissioner shall apply the facts and law as determined by the SOAH to reach a new decision in light of all the circumstances of the case.(h) The commissioner shall continue on remand to exercise discretion over the accreditation decision as required by §157.1171(b) of this title and TEC, Chapter 39.</content><note type="source"><p>Source Note: The provisions of this §157.1157 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1165"><num value="157.1165">§157.1165</num><heading>Enforcement of Decision Pending Review</heading><content>The pendency of a review under this division does not stay or otherwise affect the enforcement of the commissioner of education decision challenged under this division.</content><note type="source"><p>Source Note: The provisions of this §157.1165 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1167"><num value="157.1167">§157.1167</num><heading>Expedited Review</heading><content>(a) The State Office of Administrative Hearings (SOAH) shall expedite its review of a challenge under this division in order to meet the requirements of this section.(b) The administrative law judge shall issue a pre-hearing order initially setting a date for closure of the record that is not later than the 30th calendar day after the date the petition for review is transmitted to the SOAH.(c) The administrative law judge may grant a continuance of the date set in subsection (b) of this section only for good cause shown.(d) The administrative law judge may not order a settlement conference, mediation, or other form of alternative dispute resolution.(e) The administrative law judge shall issue a final order not later than the 30th calendar day after the date on which the record is finally closed.(f) Where the revocation of a charter is an issue, in all cases where the matter is docketed at the SOAH on or before March 15, the administrative law judge shall issue a final order not later than May 31 of the same year.(g) Where the revocation of a charter is an issue, in setting deadlines and issuing orders, the SOAH shall consider the following:(1) the need for parents and students to evaluate, select, and enroll in another school district or open-enrollment charter school;(2) the need for educators and staff to find other employment;(3) the need for the school district or open-enrollment charter school to engage in an orderly termination of its operations; and(4) the need for the Texas Education Agency to facilitate and complete an orderly termination of the operations of a school district or open-enrollment charter school.</content><note type="source"><p>Source Note: The provisions of this §157.1167 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective December 22, 2010, 35 TexReg 11238; amended to be effective September 18, 2014, 39 TexReg 7334; amended to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1169"><num value="157.1169">§157.1169</num><heading>Conduct of Review During a Ratings Appeal</heading><content>(a) The administrative law judge shall proceed with an expedited review under this division during any ratings appeal under the Texas Education Code (TEC), §39.151, and shall presume for purposes of such review that the rating will not change by reason of the appeal, unless the commissioner of education:(1) withdraws the rating; or(2) requests that review of the final decision be abated pending the outcome of the ratings appeal.(b) If a rating is adjusted by the commissioner following an appeal under TEC, §39.151, the administrative law judge shall order that the adjusted rating be substituted for the original rating. The Texas Education Agency may change its findings and/or decision by reason of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the administrative law judge.</content><note type="source"><p>Source Note: The provisions of this §157.1169 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective December 22, 2010, 35 TexReg 11238; amended to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1171"><num value="157.1171">§157.1171</num><heading>Final Decision</heading><content>(a) The decision of the administrative law judge:(1) may not order a sanction or relief that the commissioner of education is not authorized to order under applicable law;(2) may not change an accreditation status; and(3) may not change an academic or a financial accountability rating.(b) The decision of the administrative law judge is final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §157.1171 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective December 22, 2010, 35 TexReg 11238.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1173"><num value="157.1173">§157.1173</num><heading>Application to Charter Schools</heading><content>(a) The charter of an open-enrollment charter school is automatically:(1) revoked, void, and of no further force or effect on the effective date of a final decision by the commissioner of education ordering the charter school closed under this division; and(2) modified to remove authorization for an individual campus on the effective date of a final decision by the commissioner ordering the campus closed under this division.(b) If sanctions are imposed on an open-enrollment charter school under the procedures provided by this division, a charter school is not entitled to an additional hearing relating to the modification, placement on probation, revocation, or denial of renewal of a charter as provided by Texas Education Code, Chapter 12, Subchapter D.</content><note type="source"><p>Source Note: The provisions of this §157.1173 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1181"><num value="157.1181">§157.1181</num><heading>Applicability</heading><content>This division applies only to review of a commissioner of education decision to:(1) revoke the charter of an open-enrollment charter school under the Texas Education Code (TEC), Chapter 12;(2) reconstitute the governing body of the charter holder of an open-enrollment charter school under the TEC, Chapter 12;(3) deny a petition for a discretionary renewal of an open-enrollment charter school under the TEC, Chapter 12; and(4) deny a petition for an expedited renewal of an open-enrollment charter school under the TEC, Chapter 12.</content><note type="source"><p>Source Note: The provisions of this §157.1181 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1182"><num value="157.1182">§157.1182</num><heading>Applicability of Other Law</heading><content>(a) A review under this division shall be governed by the contested case procedures provided by this division and is not subject to the Texas Government Code, Chapter 2001, except as provided by the Texas Education Code, §39A.301.(b) A review conducted by the State Office of Administrative Hearings (SOAH) under this division is governed by Chapter 155 of Title 1 (relating to Rules of Procedure), except as modified herein.(c) To the extent that a provision of this division conflicts with a rule or practice of the SOAH, this division shall prevail.</content><note type="source"><p>Source Note: The provisions of this §157.1182 adopted to be effective September 18, 2014, 39 TexReg 7334; amended to be effective April 6, 2022, 47 TexReg 1691.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1183"><num value="157.1183">§157.1183</num><heading>Petition for Review</heading><content>(a) An open-enrollment charter school subject to a decision defined by §157.1181 of this title (relating to Applicability) (petitioner) may file with the Texas Education Agency (TEA) a petition for review of the decision or determination under this division. The petition must be received by the TEA not later than the 15th calendar day after the notice is sent to the petitioner.(1) The petition for review shall include a copy of the challenged decision and any attachments or exhibits to the decision.(2) The petition for review shall concisely state, in numbered paragraphs:(A) if alleging the decision was arbitrary or capricious, each finding, inference, conclusion, or decision affected and the specific facts supporting a conclusion that each was so affected;(B) if alleging the decision was clearly erroneous, each finding, inference, conclusion, or decision affected and the specific facts supporting a conclusion that each was so affected; and(C) for each violation, error, or defect alleged under subparagraphs (A) and (B) of this paragraph, the substantial rights of the school district or charter school that were prejudiced by such violation, error, or defect.(3) A petition for review shall further contain:(A) a concise statement of the relief sought by the petitioner; and(B) the name, mailing address, telephone number, and facsimile number of the petitioner's representative.(4) A request for relief in a review under this division may not be made orally or as part of the record at a prehearing conference or hearing.(b) Failure to comply with the requirements of subsection (a) of this section shall result in dismissal of the petition for review and final action without further review and without referral to the State Office of Administrative Hearings (SOAH).(c) The TEA shall transmit the petition for review to the SOAH with a request that it be docketed.(d) The TEA shall file a notice of hearing, present evidence and arguments, and otherwise fully participate as a party in the contested case proceeding.</content><note type="source"><p>Source Note: The provisions of this §157.1183 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1184"><num value="157.1184">§157.1184</num><heading>Standard of Review</heading><content>(a) In response to a challenge to a commissioner of education decision under or subject to the Texas Education Code, §§12.1141, 12.115, or 12.116, the administrative law judge shall conduct a hearing to consider evidence and arguments regarding the decision. Based on the evidence and arguments presented, the administrative law judge shall review the commissioner's decision. The administrative law judge shall uphold a decision by the commissioner unless the judge finds the decision is arbitrary and capricious or clearly erroneous.(b) A decision of the administrative law judge is final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §157.1184 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1185"><num value="157.1185">§157.1185</num><heading>Enforcement of Decision Pending Review</heading><content>The pendency of a review under this division does not stay or otherwise affect the enforcement of the commissioner of education decision challenged under this division.</content><note type="source"><p>Source Note: The provisions of this §157.1185 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1186"><num value="157.1186">§157.1186</num><heading>Expedited Review</heading><content>(a) The State Office of Administrative Hearings (SOAH) shall expedite its review of a challenge under this division in order to meet the requirements of this section.(b) The administrative law judge shall issue a pre-hearing order as soon as practical after the petition for review is transmitted to the SOAH, setting all necessary deadlines.(c) The administrative law judge may grant a continuance of the date set in subsection (b) of this section only for good cause shown.(d) The administrative law judge may not order a settlement conference, mediation, or other form of alternative dispute resolution.(e) The administrative law judge shall issue a final order as soon as practical after the petition for review is transmitted to the SOAH.(f) In all cases where the matter is docketed at SOAH on or before March 15, the administrative law judge shall issue a final order not later than May 31 of the same year.(g) In setting deadlines and issuing orders, the SOAH shall consider the following:(1) the need for parents and students to evaluate, select, and enroll in another school district or open-enrollment charter school;(2) the need for educators and staff to find other employment;(3) the need for the school district or open-enrollment charter school to engage in an orderly termination of its operations; and(4) the need for the Texas Education Agency to facilitate and complete an orderly termination of the operations of a school district or open-enrollment charter school.</content><note type="source"><p>Source Note: The provisions of this §157.1186 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1187"><num value="157.1187">§157.1187</num><heading>Conduct of Review During a Ratings Appeal</heading><content>(a) The administrative law judge shall proceed with an expedited review under this division during any ratings appeal under Texas Education Code (TEC), §39.151, and shall presume for purposes of such review that the rating will not change by reason of the appeal, unless the commissioner of education:(1) withdraws the rating; or(2) requests that review of the final decision be abated pending the outcome of the ratings appeal.(b) If a rating is adjusted by the commissioner following an appeal under TEC, §39.151, the administrative law judge shall order that the adjusted rating be substituted for the original rating. The Texas Education Agency may change its findings and/or decision by reason of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the administrative law judge.</content><note type="source"><p>Source Note: The provisions of this §157.1187 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1188"><num value="157.1188">§157.1188</num><heading>Final Decision</heading><content>The decision of the administrative law judge is final and may not be appealed.</content><note type="source"><p>Source Note: The provisions of this §157.1188 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1189"><num value="157.1189">§157.1189</num><heading>Application to Charter Schools</heading><content>(a) The charter of an open-enrollment charter school is automatically:(1) revoked, void, and of no further force or effect on the effective date of a final decision by the commissioner of education ordering the charter school closed under this division; and(2) modified to remove authorization for an individual campus on the effective date of a final decision by the commissioner ordering the campus closed under this division.(b) If sanctions are imposed on an open-enrollment charter school under the procedures provided by this division, a charter school is not entitled to an additional hearing relating to the modification, placement on probation, revocation, or denial of renewal of a charter as provided by the Texas Education Code, Chapter 12, Subchapter D.</content><note type="source"><p>Source Note: The provisions of this §157.1189 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c157/scEE/s157.1191"><num value="157.1191">§157.1191</num><heading>Conflicts</heading><content>This subchapter prevails in the event of a conflict between this subchapter and any other rule adopted by the commissioner of education.</content><note type="source"><p>Source Note: The provisions of this §157.1191 adopted to be effective September 18, 2014, 39 TexReg 7334.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p2/c161"><num value="161">CHAPTER 161</num><heading>COMMISSIONER'S RULES CONCERNING ADVISORY COMMITTEES</heading><subchapter identifier="/us/state/tx/tac/t19/p2/c161/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p2/c161/sc/s161.1001"><num value="161.1001">§161.1001</num><heading>Establishment of Advisory Committees</heading><content>The commissioner of education has authority to establish advisory committees and to appoint the membership of advisory committees. The commissioner may establish an advisory committee based on state or federal law or State Board of Education (SBOE) recommendation or as the commissioner deems expedient.</content><note type="source"><p>Source Note: The provisions of this §161.1001 adopted to be effective April 20, 1994, 19 TexReg 2384; amended to be effective February 19, 1997, 22 TexReg 1636.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c161/sc/s161.1002"><num value="161.1002">§161.1002</num><heading>Texas Education Agency Operating Procedures</heading><content>The commissioner of education shall adopt and implement Texas Education Agency (TEA) operating procedures governing establishment and operation of public education advisory committees. For each committee listed in §161.1003 of this title (relating to Advisory Committees), the commissioner shall include the following information as an attachment to the operating procedures:(1) name of the committee;(2) purpose of the committee;(3) statutory authority under which the committee is established;(4) number of members; and(5) staff contact at TEA.</content><note type="source"><p>Source Note: The provisions of this §161.1002 adopted to be effective April 20, 1994, 19 TexReg 2384; amended to be effective February 19, 1997, 22 TexReg 1636.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c161/sc/s161.1003"><num value="161.1003">§161.1003</num><heading>Advisory Committees</heading><content>The following public education advisory committees are in effect:(1) Charter School Proposal Evaluation Committee;(2) Educational Technology Advisory Committee;(3) Environmental Education Advisory Committee;(4) Commissioner's Advisory Council on the Education of Gifted Students;(5) HIV Program Review Panel;(6) Policy Committee on Public Education Information;(7) State Parent Advisory Council for Migrant Education;(8) Investment Advisory Committee on the Permanent School Fund;(9) Continuing Advisory Committee for Special Education;(10) State Textbook Committees; and(11) Title I, Committee of Practitioners/Texas Ed-Flex Committee.</content><note type="source"><p>Source Note: The provisions of this §161.1003 adopted to be effective April 20, 1994, 19 TexReg 2384; amended to be effective February 19, 1997, 22 TexReg 1636; amended to be effective March 5, 1999, 24 TexReg 1384; amended to be effective March 2, 2003, 28 TexReg 1640.</p></note></section><section identifier="/us/state/tx/tac/t19/p2/c161/sc/s161.1005"><num value="161.1005">§161.1005</num><heading>Assessment and Accountability Advisory Committees</heading><content>(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Advisory committee--The Texas Technical Advisory Committee or any committee that advises the Texas Education Agency (TEA), the commissioner of education, or the State Board of Education regarding policies or implementation of requirements under the Texas Education Code (TEC), Chapter 39, Subchapter B, related to state accountability systems or the content or administration of an assessment instrument.(2) Agent--Any person acting in a capacity that involves public representation of an entity, including an attorney, a lobbyist or public spokesperson, or a corporate officer. An employee, a contractor, or a consultant of an assessment instrument vendor is not an agent unless the duties of that relationship include public representation. Public representation does not include speaking at academic or similar conferences, publishing in academic or technical publications, serving as a fact witness or expert in litigation, or testifying in a legislative or rulemaking context if that testimony does not constitute lobbying.(3) Assessment instrument vendor--An entity that by contract with the TEA develops or sells academic assessment instruments required to be administered under the TEC, §39.023 or §39.027, in Texas public schools serving prekindergarten through high school. Another state; an institution of higher education; or a school district, charter school, or other public school is not an assessment instrument vendor by virtue of developing, selling, or licensing assessment instruments if those instruments are not purchased by the TEA. An entity is not an assessment instrument vendor by virtue of offering psychological, physical, sight, hearing, or other assessments that are not directly measuring academic content.(4) Retained or employed--Having formal employment, acting as an independent contractor, or consulting with an assessment instrument vendor for compensation if the duties of that relationship include working directly on an assessment instrument required under the TEC, §39.023 or §39.027. An individual is not retained or employed if the individual is compensated by an assessment instrument vendor for work that does not involve an assessment instrument required under the TEC, §39.023 or §39.027. An individual is not retained or employed by virtue of receiving reimbursement of expenses or for being reimbursed in accordance with an assessment contract if the TEA determines and requires the compensation under the contract.(b) A person who is retained or employed by or who acts as an agent of an assessment instrument vendor or a person who is an agent of an assessment instrument vendor may not be appointed to or serve on an advisory committee under this section. A person must be eligible under this section at the time of appointment to an advisory committee and must notify the commissioner and resign from the committee immediately upon becoming ineligible.(c) Nothing in this section shall be construed to disqualify an individual from appointment to an advisory committee based upon a relationship with an assessment instrument vendor prior to appointment to a committee. An advisory committee member may receive royalties or other compensation from an assessment instrument vendor that come due during the term of an appointment if the compensation was fully earned prior to appointment. An advisory committee member may not have or negotiate for any type of agreement for future employment or compensation with an assessment instrument vendor during the term of membership on the committee.(d) An individual is not employed or retained by or acting as an agent of an assessment instrument vendor if the individual represents a membership organization that has an assessment instrument vendor as a member.(e) Provisions of the TEC, §39.039, related to prohibitions on political contributions or activity by certain contractors are limited to agents or entities that have been contracted to develop or implement assessment instruments required under the TEC, §39.023 or §39.027.</content><note type="source"><p>Source Note: The provisions of this §161.1005 adopted to be effective June 19, 2014, 39 TexReg 4653.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t19/p6"><num value="6">PART 6</num><heading>FOUNDATION SCHOOL FUND BUDGET COMMITTEE</heading><chapter identifier="/us/state/tx/tac/t19/p6/c201"><num value="201">CHAPTER 201</num><heading>PRACTICE AND PROCEDURE</heading><subchapter identifier="/us/state/tx/tac/t19/p6/c201/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.1"><num value="201.1">§201.1</num><heading>Purpose</heading><content>The purpose of these rules is to provide for an orderly and efficient system of procedure before the Foundation School Fund Budget Committee in order to receive information, reports, testimony, and public comment pertinent to the Foundation School Fund Budget Committee's duties under the Texas Education Code, §42.102 and §42.256.</content><note type="source"><p>Source Note: The provisions of this §201.1 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.5"><num value="201.5">§201.5</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) CEI--The Cost of Education Index as defined by the Texas Education Code, §42.102.(2) Committee--The Foundation School Fund Budget Committee.(3) Designees--Those individuals representing a committee member.(4) Hearing--A proceeding at which testimony is taken.(5) LBB--The Legislative Budget Board.(6) Meeting--A meeting of the committee subject to the Open Meetings Act, Texas Government Code, Chapter 551.(7) TEA--The Texas Education Agency.</content><note type="source"><p>Source Note: The provisions of this §201.5 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.9"><num value="201.9">§201.9</num><heading>Filing of Documents</heading><content>(a) Documents. All documents relating to any matter pending before the committee shall be filed with the Office of Budget and Planning of the governor's office.(1) Documents may be filed by mail.(2) Documents shall be deemed to have been filed when received.(b) Mandatory filings.(1) The LBB shall file with the committee all recommendations and all written and oral testimony and reports used or reviewed in their deliberations under the Texas Education Code, §42.007.(2) The committee may request from TEA or LBB prior to December 1 of each even-numbered year, estimates of the annual costs of the Foundation School Program for the succeeding biennium. The estimates shall be based on projected student counts and projected tax rates for the effective period. The methodology and assumptions used in computing the estimates of costs of the Foundation School Program may also be requested.(c) Permissive filings. Any other person interested in the committee's rulemaking may file any information pertinent to a proposed rule.</content><note type="source"><p>Source Note: The provisions of this §201.9 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.13"><num value="201.13">§201.13</num><heading>Organization of the Committee</heading><content>(a) The chair of the committee shall be the governor.(b) The vice-chair of the committee shall be the lieutenant governor.(c) The committee shall designate a clerk who shall be responsible for the maintenance of all committee records and who shall serve as committee liaison to the secretary of state in accordance with Texas Government Code, Chapter 2002.(d) Any two members of the committee constitute a quorum.(e) Any action of the committee requires the affirmative vote of at least two members.(f) The meetings of the committee may be called by the chair.(g) The meetings of the committee may be called by the vice-chair at the request of any other committee member.(h) Notice of any meeting shall be posted in accordance with Texas Government Code, Chapter 551.</content><note type="source"><p>Source Note: The provisions of this §201.13 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.17"><num value="201.17">§201.17</num><heading>Place and Nature of Hearings</heading><content>All hearings conducted in any proceedings shall be open to the public. All hearings shall be held in Austin unless for good and sufficient cause the committee shall designate another place of hearing in the interest of the public.</content><note type="source"><p>Source Note: The provisions of this §201.17 adopted to be effective January 25, 1991, 16 TexReg 172.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.21"><num value="201.21">§201.21</num><heading>Designees</heading><content>(a) Each member of the committee may name a designee to represent that member in any hearing to take public testimony with regard to a proposed rule.(b) At any hearing at which public testimony with regard to any proposed rule is given, a quorum of committee members or their designees is not required.(c) The committee members or their designees may call upon any interested person to present testimony.(d) The designees shall have authority to receive testimony and examine interested persons.(e) Any hearing may be recessed from day to day.(f) If a designee is unable to continue presiding over any hearing at any time before the end of the hearing, another designee may be appointed who will perform any function remaining to be performed without the necessity of repeating any previous proceedings.(g) At the conclusion of the hearings the designees shall prepare a summary of the testimony received and submit it to the committee.</content><note type="source"><p>Source Note: The provisions of this §201.21 adopted to be effective January 25, 1991, 16 TexReg 172.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.25"><num value="201.25">§201.25</num><heading>Proposed Rules</heading><content>The committee shall accept the recommendations of the LBB as the committee's proposed rules. Further the committee hereby empowers the committee clerk to prepare and deliver or cause to be delivered the said proposed rules to the Texas Register for publication.</content><note type="source"><p>Source Note: The provisions of this §201.25 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c201/sc/s201.29"><num value="201.29">§201.29</num><heading>Reporters and Transcripts</heading><content>All proceedings will be either recorded or transcribed. When requested, a transcript of the proceedings will be made available to an interested person making such request. The cost of such transcript will be borne by said interested person.</content><note type="source"><p>Source Note: The provisions of this §201.29 adopted to be effective January 25, 1991, 16 TexReg 172.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p6/c203"><num value="203">CHAPTER 203</num><heading>COST OF EDUCATION INDEX</heading><subchapter identifier="/us/state/tx/tac/t19/p6/c203/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p6/c203/sc/s203.1"><num value="203.1">§203.1</num><heading>General Provisions</heading><content>This rule establishes a formula for the calculation of each public school district's cost of education index which will be used by the Central Education Agency in determining each district's state aid for the 1997-1998 and 1998-1999 school years. The cost of education index shall adjust for cost variations caused by factors beyond the control of school districts. An adjustment is made for small districts with fewer than 2,000 ADA that are not eligible for the small district adjustment in the Texas Education Code, §42.103.</content><note type="source"><p>Source Note: The provisions of this §203.1 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c203/sc/s203.5"><num value="203.5">§203.5</num><heading>Definition of Terms and Data Elements</heading><content>(a) Average daily attendance. The average daily attendance (ADA) for the diseconomies of scale component shall be that reported on the "Principal's Semester Report of Student Attendance and Contact Hours" for the relevant school year, either 1991-1992 or 1992-1993. The commissioner of education shall adjust the ADA of those districts which do not offer all grades to reflect the number of students transferred out of the district to attend other districts.(b) Competitive beginning average annual salary. The competitive beginning average annual salary for a district was the average annual salary of beginning instructional personnel in other districts with which the district competes. Instructional staff was defined as teachers, nurses, and librarians. The role identification reported on the Public Information Management System (PEIMS) data submission for the 1989-1990 school year was used to determine if an individual was assigned as instructional staff. The assignment must have been the major assignment of the individual as determined by days employed and percent of day assigned. If the role identification was equal to 25, 29, 13, or 22 then the individual was categorized as instructional staff. To compute the competitive beginning average annual salary, the salaries and full-time equivalencies of instructional staff with zero years of experience was aggregated for all the districts in counties contiguous to the district's county and the other districts in the district's county. The average salary was then computed as the aggregate salaries divided by the aggregate full-time equivalencies. The source was the fall PEIMS data submission for the 1989-1990 school year.(c) County population. The estimate of 1990 county population from the Texas Department of Health, dated May 1987, was used.(d) District type. The district types were those determined by the Texas Education Agency for the 1989-1990 school year. An adjustment is made for districts which are categorized as independent towns or rural. All other districts do not receive a district type adjustment. A district categorized as an independent town was the largest school district in a county with a population between 25,000 to 100,000, or any other district in that county with an average daily attendance at least 75% of the largest district's. Furthermore, the district must not have qualified for categorization as a major suburban district or an other central city suburban district as defined by the Texas Education Agency. Districts categorized as rural are those school districts which either had a student count of between 300 and 743 and a growth rate of less than 20%, or that had a student count of less than 300.(e) Percent low income. This value was derived by dividing the best six-months average of students claiming free and reduced lunches under the National School Lunch Program (NSL) for the 1988-1989 school year by the average daily attendance in the district for the 1989-1990 school year, and multiplying the result by 100.(f) Size of district. This value for the cost component is the average daily attendance in the district for the 1989-1990 school year as reported on the "Superintendent's Report of Pupil Attendance and Contact Hours."</content><note type="source"><p>Source Note: The provisions of this §203.5 adopted to be effective January 25, 1991, 16 TexReg 172.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c203/sc/s203.10"><num value="203.10">§203.10</num><heading>Calculation of Adjustment for Cost Variations</heading><content>The adjustment for cost variations shall be computed according to the following chart. District values for the elements defined in §203.5(b)-(f) of this title (relating to Definition of Terms and Data Elements) shall be compared to the ranges listed below and the appropriate number of points shall be added or subtracted to the base index value of 1.00.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §203.10 adopted to be effective January 25, 1991, 16 TexReg 172.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c203/sc/s203.20"><num value="203.20">§203.20</num><heading>Computation of Cost of Education Index</heading><content>A district's cost of education index adjustment for the 1997-1998 and 1998-1999 school years shall be computed by the commissioner of education by calculating each district's cost adjustment in §203.10 of this title (relating to Calculation of Adjustment for Cost Variations). If a school district has more than 1,600 students but not more than 2,000 students in average daily attendance (ADA), the commissioner shall modify the cost adjustment in §203.10 by multiplying it by the following size factor: 1.0 + ((2000 - ADA) * .00014).</content><note type="source"><p>Source Note: The provisions of this §203.20 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c203/sc/s203.25"><num value="203.25">§203.25</num><heading>Adjustment of Basic Allotment</heading><content>For the 1997-1998 and 1998-1999 school years, the commissioner shall adjust each district's basic allotment by applying the following formula: ABA = BA * (((Cost of Education Index - 1) * .71) + 1) where "ABA" is the adjusted basic allotment; "BA" is the basic allotment; and "Cost of Education Index" is the Cost of Education Index computed in §203.20 of this title (relating to Computation of Cost of Education Index).</content><note type="source"><p>Source Note: The provisions of this §203.25 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c203/sc/s203.30"><num value="203.30">§203.30</num><heading>Data Values for Cost of Education Index Factors</heading><content>(a) The data values for the data items listed in §203.5(b)-(f) of this title (relating to Definition of Terms and Data Elements) are listed for each school district in Texas in the table entitled Listing of Data Values for 1991-1992/1992-1993 COE Index Factors which is adopted by reference as an official rule of the Foundation School Fund Budget Committee. A copy is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Governor's Budget and Planning Office, 1100 San Jacinto, Austin, Texas 78701.(b) Should the need for correction of any data values be proven, the commissioner of education shall adjust the index for the district.</content><note type="source"><p>Source Note: The provisions of this §203.30 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p6/c205"><num value="205">CHAPTER 205</num><heading>EQUALIZED FUNDING ELEMENTS</heading><subchapter identifier="/us/state/tx/tac/t19/p6/c205/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p6/c205/sc/s205.1"><num value="205.1">§205.1</num><heading>General Provisions</heading><content>This rule establishes the equalized funding elements to be used by the Central Education Agency in determining each district's Foundation School Program allocations and state aid for the 1997-1998 and 1998-1999 school years. The equalized funding elements are to be appropriately set to meet the state funding policy in Texas Education Code, §42.001.</content><note type="source"><p>Source Note: The provisions of this §205.1 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c205/sc/s205.11"><num value="205.11">§205.11</num><heading>Basic Allotment</heading><content>The basic allotment shall be $2,387 per student in average daily attendance as defined in Texas Education Code, §42.101.</content><note type="source"><p>Source Note: The provisions of this §205.11 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c205/sc/s205.21"><num value="205.21">§205.21</num><heading>Cost of Education Adjustment</heading><content>The cost of education adjustment shall be the cost of education index as defined in Chapter 203 of this title (relating to Education Index for Public Education Budget Committee).</content><note type="source"><p>Source Note: The provisions of this §205.21 adopted to be effective September 1, 1995, 20 TexReg 3326.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c205/sc/s205.31"><num value="205.31">§205.31</num><heading>Program Cost Differentials</heading><content>The program cost differentials for special education, compensatory education, bilingual education, career and technology education, and gifted and talented education shall be those defined in the Texas Education Code, Chapter 42, Subchapter C.</content><note type="source"><p>Source Note: The provisions of this §205.31 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c205/sc/s205.41"><num value="205.41">§205.41</num><heading>Maximum Guaranteed Level for the Guaranteed Yield Program (Tier 2)</heading><content>The guaranteed yield shall be $21 per weighted pupil per cent of tax effort.</content><note type="source"><p>Source Note: The provisions of this §205.41 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c205/sc/s205.51"><num value="205.51">§205.51</num><heading>Enrichment and Facilities Tax Rate under Tier 2</heading><content>The enrichment and facilities tax rate shall be calculated as provided in Texas Education Code, §42.302 and may not exceed $.64 per $100 of valuation as specified in Texas Education Code, §42.303.</content><note type="source"><p>Source Note: The provisions of this §205.51 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section><section identifier="/us/state/tx/tac/t19/p6/c205/sc/s205.61"><num value="205.61">§205.61</num><heading>Calculation of Weighted Students</heading><content>The number of students in weighted average daily attendance shall be calculated as specified in Texas Education Code, §42.302. For purposes of this calculation, the allotments under Texas Education Code, Subchapters B and C shall represent the net allotments to each district.</content><note type="source"><p>Source Note: The provisions of this §205.61 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t19/p7"><num value="7">PART 7</num><heading>STATE BOARD FOR EDUCATOR CERTIFICATION</heading><chapter identifier="/us/state/tx/tac/t19/p7/c227"><num value="227">CHAPTER 227</num><heading>PROVISIONS FOR EDUCATOR PREPARATION CANDIDATES</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c227/scA"><num value="A">SUBCHAPTER A</num><heading>ADMISSION TO EDUCATOR PREPARATION PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p7/c227/scA/s227.1"><num value="227.1">§227.1</num><heading>General Provisions</heading><content>(a) It is the responsibility of the education profession as a whole to attract applicants and to retain educators who demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.(b) Educator preparation programs (EPPs) shall inform all applicants that:(1) pursuant to the Texas Education Code (TEC), §22.083, candidates must undergo a criminal history background check prior to employment as an educator; and(2) pursuant to the TEC, §22.0835, candidates must undergo a criminal history background check prior to clinical teaching.(c) EPPs shall inform all applicants, in writing, of the following:(1) the admission requirements as specified in this chapter;(2) the requirements for program completion as specified in Chapter 228 of this title (relating to Requirements for Educator Preparation Programs); and(3) in accordance with TEC, §21.044(g):(A) the effect of supply and demand forces on the educator workforce in this state; and(B) the performance over time of the EPP for the past five years.(d) EPPs shall notify, in writing by mail, personal delivery, facsimile, email, or an electronic notification, each applicant to and enrollee in the EPP of the following regardless of whether the applicant or enrollee has been convicted of an offense:(1) the potential ineligibility of an individual who has been convicted of an offense for issuance of a certificate on completion of the EPP;(2) the current State Board for Educator Certification (SBEC) rules prescribed in §249.16 of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21); and(3) the right to request a criminal history evaluation letter as provided in Chapter 227, Subchapter B, of this title (relating to Preliminary Evaluation of Certification Eligibility).(e) If the SBEC determines that an EPP has failed to provide the notice required by subsection (d) of this section to an individual entitled to receive the notice and that the individual's application for a certificate for which the EPP prepares the individual was denied because the individual has been convicted of an offense prior to the EPP providing notice, the SBEC shall order the EPP to:(1) refund the amount of any tuition paid by the individual to the EPP; and(2) pay to the individual an amount equal to the total of the following, as applicable:(A) the amount of any application fees paid by the individual to the SBEC; and(B) the amount of any examination fees paid by the individual to the SBEC and/or to a provider of examinations required for certification. An EPP is not liable for examination fees if the examination was not required to be passed to meet the admission requirements of the EPP and/or the EPP did not provide test approval for the examination.(f) If the governor of Texas declares a state of disaster consistent with the Texas Government Code, §418.014, Texas Education Agency staff may extend deadlines in this chapter for up to 90 days as necessary to accommodate persons in the affected disaster areas.</content><note type="source"><p>Source Note: The provisions of this §227.1 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10011; amended to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198; amended to be effective June 3, 2018, 43 TexReg 3355; amended to be effective December 22, 2019, 44 TexReg 7683; amended to be effective August 4, 2024, 49 TexReg 5533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scA/s227.5"><num value="227.5">§227.5</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited institution of higher education--An institution of higher education that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.(2) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.25 of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a bachelor's degree from an accredited institution of higher education.(3) Applicant--An individual seeking admission to an educator preparation program for any class of certificate.(4) Candidate--An individual who has been formally or contingently admitted to an educator preparation program; also referred to as an enrollee or participant.(5) Certification category--A certificate type within a certification class, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).(6) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics; may contain one or more certification categories.(7) Clinical teaching--An assignment, as described in §228.67 of this title (relating to Clinical Teaching).(8) Content certification examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program.(9) Content pedagogy examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's certification as an educator.(10) Contingency admission--Conditional admission to an educator preparation program when an applicant meets all admission requirements specified in §227.10 of this title (relating to Admission Criteria) except graduation and degree conferred from an accredited institution of higher education.(11) Educator preparation program--An entity that must be approved by the State Board for Educator Certification to recommend candidates in one or more classes of certificates.(12) Formal admission--Admission to an educator preparation program when an applicant meets all admission requirements specified in §227.10 of this title (relating to Admission Criteria).(13) Incoming class--Individuals contingently or formally admitted between September 1 and August 31 of each year by an educator preparation program.(14) Post-baccalaureate program--An educator preparation program, delivered by an accredited institution of higher education and approved by the State Board for Educator Certification to recommend candidates for certification, that is designed for individuals who already hold at least a bachelor's degree from an accredited institution of higher education and are seeking an additional degree.(15) Semester credit hour--One semester credit hour is equal to 15 clock-hours at an accredited institution of higher education.(16) Undergraduate degree--A bachelor's degree earned from and conferred by an accredited institution of higher education.</content><note type="source"><p>Source Note: The provisions of this §227.5 adopted to be effective December 14, 2008, 33 TexReg 10011; amended to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198; amended to be effective June 3, 2018, 43 TexReg 3355; amended to be effective December 22, 2019, 44 TexReg 7683; amended to be effective August 4, 2024, 49 TexReg 5533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scA/s227.10"><num value="227.10">§227.10</num><heading>Admission Criteria</heading><content>(a) The educator preparation program (EPP) delivering educator preparation shall require the following minimum criteria of all applicants seeking initial certification in any class of certificate, unless specified otherwise, prior to admission to the program.(1) For a university undergraduate or post-baccalaureate program, an applicant shall be enrolled in an accredited institution of higher education (IHE).(2) For an alternative certification program or post-baccalaureate program, an applicant shall have, at a minimum, a bachelor's degree earned from and conferred by an accredited IHE.(3) For an undergraduate university program, alternative certification program, or post-baccalaureate program, to be eligible for admission into an EPP, an applicant shall have a grade point average (GPA) of at least 2.5 before admission.(A) The GPA shall be calculated from an official transcript as follows:(i) 2.5 on all coursework previously attempted by the person at an accredited IHE:(I) at which the applicant is currently enrolled (undergraduate university program formal admission, alternative certification program contingency admission, or post-baccalaureate program contingency admission); or(II) from which the most recent bachelor's degree or higher from an accredited IHE was conferred (alternative certification program formal admission or post-baccalaureate program formal admission); or(ii) 2.5 in the last 60 semester credit hours on all coursework previously attempted by the person at an accredited IHE:(I) at which the applicant is currently enrolled (undergraduate university program formal admission, alternative certification program contingency admission, or post-baccalaureate program contingency admission). If an applicant has less than 60 semester credit hours on the official transcript from the accredited IHE at which the applicant is currently enrolled, the EPP shall use grades from all coursework previously attempted by a person at the most recent accredited institution(s) of higher education, starting with the most recent coursework from the official transcript(s), to calculate a GPA for the last 60 semester credit hours; or(II) from which the most recent bachelor's degree or higher from an accredited IHE was conferred. If an applicant has hours beyond the most recent degree, an EPP may use grades from the most recent 60 hours of coursework from an accredited IHE (alternative certification program formal admission or post-baccalaureate program formal admission).(B) In accordance with the Texas Education Code, (TEC), §21.0441(b), an exception to the minimum GPA requirement may be granted by the program director only in extraordinary circumstances and may not be used by a program to admit more than 10% of any incoming class of candidates. An applicant is eligible for this exception if:(i) documentation and certification from the program director that an applicant's work, business, or career experience demonstrates achievement equivalent to the academic achievement represented by the GPA requirement; and(ii) in accordance with the TEC, §21.0441(a)(2)(B), an applicant must pass an appropriate content certification examination as specified in paragraph (4)(C) of this subsection for each subject in which the applicant seeks certification prior to admission. In accordance with the TEC, §21.0441(b), applicants who do not meet the minimum GPA requirement and have previously been admitted into an EPP may request permission to register for an appropriate content certification examination if the applicant is not seeking admission to the same EPP that previously granted test approval for a certification examination in the same certification class.(C) An applicant who is seeking a career and technical education (CTE) certificate that does not require a degree from an accredited IHE is exempt from the minimum GPA requirement.(D) An applicant who does not meet the minimum GPA requirement and is seeking certification in a class other than classroom teacher must perform at or above a score equivalent to a 2.5 GPA on the Verbal Reasoning, Quantitative Reasoning, and Analytic Writing sections of the GRE® (Graduate Record Examinations) revised General Test. The State Board for Educator Certification will use equivalency scores established by the Educational Testing Service, and the Texas Education Agency (TEA) will publish those equivalency scores annually on the TEA website.(4) For an applicant who will be seeking an initial certificate in the classroom teacher class of certificate, the applicant shall have successfully completed, prior to admission, at least:(A) a minimum of 12 semester credit hours in the subject-specific content area for the certification sought, unless certification sought is for mathematics or science at or above Grade 7; or(B) 15 semester credit hours in the subject-specific content area for the certification sought if the certification sought is for mathematics or science at or above Grade 7; or(C) a passing score on the appropriate content certification examination as specified in the figure provided in this subparagraph.Attached Graphic(5) For an applicant who will be seeking an initial certificate in a class other than classroom teacher, the applicant shall meet the minimum requirements for admission described in Chapter 239 of this title (relating to Student Services Certificates); Chapter 241 of this title (relating to Certification as Principal); and Chapter 242 of this title (relating to Superintendent Certificate). If an applicant has not met the minimum certification, degree, and/or experience requirement(s) for issuance of a standard certificate prior to admission, the EPP shall inform the applicant in writing of any deficiency prior to admission.(6) An applicant must demonstrate basic skills in reading, written communication, and mathematics by meeting the requirements of the Texas Success Initiative under the rules established by the Texas Higher Education Coordinating Board (THECB) in Part 1, Chapter 4, Subchapter C, of this title (relating to Texas Success Initiative), including one of the requirements established by §4.54 of this title (relating to Exemptions, Exceptions, and Waivers).(7) An applicant must demonstrate the English language proficiency skills as specified in §230.11 of this title (relating to General Requirements).(A) An applicant for CTE certification that does not require a bachelor's degree from an accredited IHE may satisfy the English language proficiency requirement with an associate's degree or high school diploma or the equivalent that was earned at an accredited IHE or an accredited high school in the United States.(B) An applicant to a university undergraduate program that leads to a bachelor's degree may satisfy the English language proficiency requirement by meeting the English language proficiency requirement of the accredited IHE at which the applicant is enrolled.(8) An applicant must submit an application and participate in either an interview or other screening instrument to determine if the EPP applicant's knowledge, experience, skills, and aptitude are appropriate for the certification sought.(9) An applicant must fulfill any other academic criteria for admission that are published and applied consistently to all EPP applicants.(b) An EPP may adopt admission requirements in addition to and not in conflict with those required in this section.(c) An EPP may not admit an applicant who:(1) has been reported as completing all EPP requirements by another EPP in the same certification category or class, unless the applicant only needs certification examination approval; or(2) has been employed for three years in a public school under a permit, intern, or probationary certificate as specified in Chapter 230, Subchapter D, of this title (relating to Types and Classes of Certificates Issued), unless the applicant is seeking clinical teaching that may lead to the issuance of an initial standard certificate. (d) An EPP may admit an applicant for CTE certification who has met the experience and preparation requirements specified in Chapter 230 of this title (relating to Professional Educator Preparation and Certification) and Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).(e) An EPP may admit an applicant for the Trade and Industrial Workforce Training: Grades 6-12 certification who has met the following requirements:(1) has been issued a high school diploma or a postsecondary credential, certificate, or degree;(2) has seven years of full-time wage-earning experience within the preceding 10 years in an approved occupation for which instruction is offered;(3) holds with respect to that occupation a current license, certificate, or registration, as applicable, issued by a nationally recognized accrediting agency based on a recognized test or measurement; and(4) within the period described by paragraph (2) of this subsection, has not been the subject of a complaint filed with a licensing entity or other agency that regulates the occupation of the person, other than a complaint that was determined baseless or unfounded by that entity or agency.(f) An EPP may admit an applicant who has met the minimum academic criteria through credentials from outside the United States that are determined to be equivalent to those required by this section using the procedures and standards specified in Chapter 245 of this title (relating to Certification of Educators from Other Countries). An EPP at an entity that is accredited by an accrediting organization recognized by the THECB may use its own foreign credential evaluation service to meet the requirement described in §245.10(a)(2) of this title (relating to Application Procedures), if the entity is in good standing with its accrediting organization.(g) An applicant is eligible to enroll in an EPP for the purpose of completing the course of instruction, defined in §228.45(b) of this title (relating to Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification, that is required for the issuance of an Early Childhood: Prekindergarten-Grade 3 certificate if the individual holds a valid standard, provisional, or one-year certificate specified in §230.31 of this title (relating to Types of Certificates) in one of the following certificate categories:(1) Bilingual Generalist: Early Childhood-Grade 4;(2) Bilingual Generalist: Early Childhood-Grade 6;(3) Core Subjects: Early Childhood-Grade 6;(4) Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6;(5) Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6;(6) Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6;(7) Core/English as a Second Language Supplemental with the Science of Teaching Reading: Early Childhood-Grade 6;(8) Core with the Science of Teaching Reading: Early Childhood-Grade 6;(9) Early Childhood Education;(10) Elementary--General;(11) Elementary--General (Grades 1-6);(12) Elementary--General (Grades 1-8);(13) Elementary Early Childhood Education (Prekindergarten-Grade 6);(14) Elementary Self-Contained (Grades 1-8);(15) English as a Second Language Generalist: Early Childhood-Grade 4;(16) English as a Second Language Generalist: Early Childhood-Grade 6;(17) Generalist: Early Childhood-Grade 4;(18) Generalist: Early Childhood-Grade 6;(19) Kindergarten;(20) Prekindergarten-Grade 5--General;(21) Prekindergarten-Grade 6--General; or(22) Teacher of Young Children--General.</content><note type="source"><p>Source Note: The provisions of this §227.10 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10011; amended to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198; amended to be effective June 3, 2018, 43 TexReg 3355; amended to be effective December 22, 2019, 44 TexReg 7683; amended to be effective October 15, 2020, 45 TexReg 7249; amended to be effective August 4, 2024, 49 TexReg 5533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scA/s227.15"><num value="227.15">§227.15</num><heading>Contingency Admission</heading><content>(a) An applicant may be accepted into an alternative certification program or post-baccalaureate program on a contingency basis pending receipt of an official transcript showing degree conferred, as specified in §227.10(a)(2) of this title (relating to Admission Criteria), provided that:(1) the applicant is currently enrolled in and expects to complete the courses and other requirements for obtaining, at a minimum, a bachelor's degree at the end of the semester in which admission to the program is sought;(2) all other admission requirements specified in §227.10 of this title have been met;(3) the EPP must notify the applicant of the offer of contingency admission in writing by mail, personal delivery, facsimile, email, or an electronic notification; and(4) the applicant must accept the offer of contingency admission in writing by mail, personal delivery, facsimile, email, or an electronic notification.(b) The effective date of contingency admission shall be included in the offer of contingency admission.(c) An EPP must notify the Texas Education Agency within seven calendar days of a candidate's contingency admission.(d) An applicant admitted on a contingency basis may begin program training and may be approved to take a certification examination, but shall not be recommended for an intern or a probationary certificate until the bachelor's degree or higher from an accredited institution of higher education (IHE) has been conferred.(e) Except as provided by this section, an alternative certification program or post-baccalaureate program, prior to admission on a contingency basis, shall not provide coursework, training, and/or examination approval to an applicant that leads to initial certification in any class of certificate. A post-baccalaureate or alternative certification program at an IHE may admit an applicant if coursework and training was provided by the same IHE as part of:(1) the degree to be conferred;(2) a prerequisite for a master's degree leading to initial certification; or(3) a different post-baccalaureate program of study.(f) The contingency admission will be valid for only the fall, spring, or summer semester for which the contingency admission was granted and may not be extended for another semester. The end of each semester shall be consistent with the common calendar established by the Texas Higher Education Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §227.15 adopted to be effective December 14, 2008, 33 TexReg 10011; amended to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198; amended to be effective June 3, 2018, 43 TexReg 3355; amended to be effective October 15, 2020, 45 TexReg 7249.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scA/s227.17"><num value="227.17">§227.17</num><heading>Formal Admission</heading><content>(a) For an applicant to be formally admitted to an educator preparation program (EPP), the applicant must meet all the admission requirements specified in §227.10 of this title (relating to Admission Criteria).(b) For an applicant to be formally admitted to an EPP, the EPP must notify the applicant of the offer of formal admission in writing by mail, personal delivery, facsimile, email, or an electronic notification.(c) For an applicant to be considered formally admitted to the EPP, the applicant must accept the offer of formal admission in writing by mail, personal delivery, facsimile, email, or an electronic notification.(d) The effective date of formal admission shall be included in the offer of formal admission.(e) An EPP must notify the Texas Education Agency within seven calendar days of a candidate's formal admission.(f) Except as provided by §227.15 of this title (relating to Contingency Admission), an alternative certification program or post-baccalaureate program, prior to formal admission, shall not provide coursework, training, and/or examination approval to an applicant that leads to initial certification in any class of certificate. A post-baccalaureate or alternative certification program at an institution of higher education (IHE) may admit an applicant if coursework and training was provided by the same IHE as part of:(1) a previous degree that was conferred;(2) a prerequisite for a master's degree leading to initial certification; or(3) a different post-baccalaureate program of study.</content><note type="source"><p>Source Note: The provisions of this §227.17 adopted to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198; amended to be effective June 3, 2018, 43 TexReg 3355.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scA/s227.19"><num value="227.19">§227.19</num><heading>Incoming Class Grade Point Average</heading><content>(a) The overall grade point average (GPA) of each incoming class admitted between September 1 and August 31 of each year by an educator preparation program (EPP), including an alternative certification program, may not be less than 3.00 on a four-point scale or the equivalent. In computing the overall GPA of an incoming class, an EPP may include:(1) the GPA of each person in the incoming class based on all coursework previously attempted by the person at an accredited institution of higher education (IHE):(A) at which the applicant is currently enrolled (undergraduate university program formal admission, alternative certification program contingency admission, or post-baccalaureate program contingency admission); or(B) from which the most recent bachelor's degree or higher from an accredited IHE was conferred (alternative certification program formal admission or post-baccalaureate program formal admission); or(2) the GPA of each person in the incoming class based only on the last 60 semester credit hours of all coursework attempted by the person at an accredited IHE:(A) at which the applicant is currently enrolled (undergraduate university program formal admission, alternative certification program contingency admission, or post-baccalaureate program contingency admission). If an applicant has less than 60 semester credit hours on the official transcript from the accredited IHE at which the applicant is currently enrolled, the EPP may use grades from all coursework previously attempted by a person at the most recent accredited IHE(s), starting with the most recent coursework from the official transcript(s), to calculate a GPA for the last 60 semester credit hours; or(B) from which the most recent bachelor's degree or higher from an accredited IHE was conferred. If an applicant has hours beyond the most recent degree, an EPP may use grades from the most recent 60 hours of coursework from an accredited IHE (alternative certification program formal admission or post-baccalaureate program formal admission).(b) A person seeking career and technical education certification is not included in determining the overall GPA of an incoming class.</content><note type="source"><p>Source Note: The provisions of this §227.19 adopted to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scA/s227.20"><num value="227.20">§227.20</num><heading>Implementation Date</heading><content>The provisions of this chapter that were in effect on the date an educator preparation program (EPP) candidate was admitted to an EPP shall determine the program requirements applicable to that candidate.</content><note type="source"><p>Source Note: The provisions of this §227.20 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10011; amended to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198; amended to be effective June 3, 2018, 43 TexReg 3355.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c227/scB"><num value="B">SUBCHAPTER B</num><heading>PRELIMINARY EVALUATION OF CERTIFICATION ELIGIBILITY</heading><section identifier="/us/state/tx/tac/t19/p7/c227/scB/s227.101"><num value="227.101">§227.101</num><heading>Purpose</heading><content>(a) This subchapter provides rules for the implementation of a preliminary criminal history evaluation as provided in the Texas Occupations Code, Chapter 53, Subchapter D.(b) The following words, terms, and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Criminal history--Criminal history record information that relates to convictions and deferred adjudications.(2) Ineligibility--Unsuitability for certification, based on any of the grounds described in §249.12(b) of this title (relating to Administrative Denial; Appeal), as determined by the Texas Education Agency staff.(3) Reasonably available--Provided in writing to Texas Education Agency staff by a requestor.(4) Requestor--A person making a request for preliminary criminal history evaluation pursuant to this subchapter.(5) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's administrative functions and services.(c) A person who is enrolled or planning to enroll in a State Board for Educator Certification-approved educator preparation program or planning to take a certification examination may request a preliminary criminal history evaluation letter regarding the person's potential ineligibility for certification due to a conviction or deferred adjudication for a felony or misdemeanor offense.</content><note type="source"><p>Source Note: The provisions of this §227.101 adopted to be effective October 28, 2010, 35 TexReg 9501.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scB/s227.103"><num value="227.103">§227.103</num><heading>Application</heading><content>(a) A request for preliminary criminal history evaluation must be preceded by payment of the required criminal history evaluation fee specified in §230.101 of this title (relating to Schedule of Fees for Certification Services.(b) A request for preliminary criminal history evaluation must include the following:(1) a signed and dated application, in the form provided on the Texas Education Agency (TEA) website, containing contact information and the date and description of each offense requested to be evaluated;(2) an attached statement of the circumstances upon which the arrest is based and the disposition relating to each offense to be evaluated;(3) court documentation relating to each offense, including, at a minimum, the formal disposition of the offense(s) and related charge(s) (e.g., Judgment, Order of Probation, Sentence, Deferred Adjudication Order, etc.); and(4) a copy of the receipt for the request for preliminary criminal history evaluation fee.(c) All required documents and information specified in subsection (b) of this section must be provided with the request for preliminary criminal history evaluation. Any documents or information not provided in the original request will not be considered reasonably available.(d) The preliminary criminal history evaluation will be based solely on the application and court or law enforcement documents provided. Any information not provided by the requestor shall be considered not reasonably available at the time of the request and may be considered at the time the requestor subsequently applies for a certificate issued by the State Board for Educator Certification. Additional documentation that should be provided, if possible, includes the following:(1) the formal charge(s) (e.g., indictment, information, or complaint);(2) evidence that the condition(s) of the court have been met (e.g., completion of probation, receipt for restitution, etc.); and(3) any available law enforcement report(s) describing the offense or the investigation of the offense.(e) The application, the statement of circumstances, the required court documentation, and a copy of the receipt for the request for preliminary criminal history evaluation fee must be submitted to the TEA division responsible for educator investigations by United States certified mail, return receipt requested, to the address provided on the application or by facsimile to the facsimile number provided on the application.(f) A request for preliminary criminal history evaluation is incomplete unless it includes a copy of the receipt for the request for preliminary criminal history evaluation fee, a completed application, a statement of circumstances, and the required court documentation. The TEA staff will take no action on a request that is incomplete.(g) All documents submitted in connection with a request for preliminary criminal history evaluation, whether complete or incomplete, will not be returned to the requestor. All documents will be retained or destroyed by the TEA in accordance with the TEA records retention schedule.</content><note type="source"><p>Source Note: The provisions of this §227.103 adopted to be effective October 28, 2010, 35 TexReg 9501; amended to be effective February 28, 2016, 41 TexReg 1238; amended to be effective June 3, 2018, 43 TexReg 3355; amended to be effective August 4, 2024, 49 TexReg 5533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scB/s227.105"><num value="227.105">§227.105</num><heading>Preliminary Criminal History Evaluation Letter</heading><content>(a) Within 90 calendar days of receipt of a complete request for a preliminary criminal history evaluation, the Texas Education Agency (TEA) staff will notify the requestor, by email to the email address provided on the requestor's application, of the TEA's determination with regard to the requestor's potential ineligibility based on the matters described in the request for preliminary criminal history evaluation.(b) The preliminary criminal history evaluation letter will be strictly limited to the facts stated and the documents submitted by the requestor, as of the date of the request. Any documents or information not provided by the requestor will not be considered reasonably available for purposes of evaluating the request. In the event that the requestor subsequently applies for certification by the State Board for Educator Certification, complete fingerprint-based national criminal history information will be required. The TEA staff may conduct a criminal history investigation at that time regarding the offense(s) that were the subject of the request, based on any misstatements, incomplete information, or missing documentation in the request for preliminary criminal history evaluation; additional or subsequent criminal history or inappropriate conduct; or changed circumstances.(c) The preliminary criminal history evaluation letter relates only to whether the specific information submitted constitutes grounds for ineligibility. The evaluation letter is not a guarantee of educator certification, admission to an educator preparation program, or employment as an educator.</content><note type="source"><p>Source Note: The provisions of this §227.105 adopted to be effective October 28, 2010, 35 TexReg 9501; amended to be effective February 28, 2016, 41 TexReg 1238.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c227/scB/s227.107"><num value="227.107">§227.107</num><heading>Fee for Request for Preliminary Criminal History Evaluation</heading><content>(a) The fee to request a preliminary criminal history evaluation under this subchapter shall be in an amount sufficient to cover the cost of administration of the evaluation process and as provided in §230.101 of this title (relating to Schedule of Fees for Certification Services).(b) A new fee will be required to reactivate a request that is incomplete because of failure to submit the required documentation within 90 calendar days of receipt by the Texas Education Agency of the initial fee.</content><note type="source"><p>Source Note: The provisions of this §227.107 adopted to be effective October 28, 2010, 35 TexReg 9501; amended to be effective February 28, 2016, 41 TexReg 1238.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c228"><num value="228">CHAPTER 228</num><heading>REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c228/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL GUIDANCE</heading><section identifier="/us/state/tx/tac/t19/p7/c228/scA/s228.1"><num value="228.1">§228.1</num><heading>General Provisions</heading><content>(a) To ensure the highest level of educator preparation and practice, the State Board for Educator Certification (SBEC) recognizes that the preparation of educators must be the joint responsibility of educator preparation programs (EPP) and the Early Childhood-Grade 12 public and private schools of Texas. Collaboration in the development, delivery, and evaluation of educator preparation is required.(b) Consistent with Texas Education Code (TEC), §21.049, the SBEC's rules governing educator preparation are designed to promote flexibility and creativity in the design of EPPs to accommodate the unique characteristics and needs of different regions of the state as well as the diverse population of potential educators.</content><note type="source"><p>Source Note: The provisions of this §228.1 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scA/s228.2"><num value="228.2">§228.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic year--If not referring to the academic year of a particular public, private, or charter school or institution of higher education (IHE), September 1 through August 31. (2) Accredited institution of higher education--An IHE that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board. (3) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.25(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a bachelor's degree from an accredited IHE. (4) Analysis--examining teaching and/or instructional resources (e.g., student work samples, a video of teaching practices) to recognize key teaching practices enacted in a variety of ways, build understanding of the practice through repeated review, develop a shared vision for a teacher practice, and compare their own practice for improvement. (5) Assignment start date--For an internship, clinical teaching, or residency, the first day of instruction with students. For a nonteacher practicum experience, the first day of the window in which the candidate is authorized by the EPP to begin the practicum experience. (6) Authentic school setting--For the purpose of field-based experiences, during the school day and the school year and including summer school; not to include professional development, extracurricular activities, workdays when students are not present, and before- or after-school childcare or tutoring. (7) Benchmarks--Reference points throughout the preparation process where candidates are assessed for progress toward completing EPP requirements (e.g., admission, passing a specific course or courses, passing a certification exam, completing preservice requirements). (8) Campus supervisor--A school administrator or designee responsible for the annual performance appraisal of an intern or a candidate pursuing a residency certificate. (9) Candidate--An individual who has been formally or contingently admitted into an EPP; also referred to as an enrollee or participant. (10) Candidate coach--A person as defined in §228.39(b)(1)-(3) of this title (relating to Intensive Pre-Service) who participates in a minimum of four observation/feedback coaching cycles provided by program supervisors, completes a Texas Education Agency (TEA)-approved observation training or has completed a minimum of 150 hours of observation/feedback training, and has current certification in the class in which supervision is provided. (11) Certification category--A certificate type within a certification class, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates). (12) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics; may contain one or more certification categories, as described in Chapter 233 of this title. (13) Classroom teacher--An educator who is employed by a school or district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical instructional setting. This term does not include an educational aide, a full-time administrator, or a substitute teacher. (14) Clinical experience--A supervised educator assignment through an EPP at a public school accredited by the TEA or other school approved by the TEA for this purpose where candidates demonstrate proficiency in the standards for the certificate sought and that may lead to completion of a standard certificate. Clinical experience includes clinical teaching, internship, practicum, and residency. (15) Clinical teaching--A supervised teacher assignment through an EPP in the classroom of a cooperating teacher at a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of a standard certificate; also referred to as student teaching. (16) Clock-hours--The actual number of hours of coursework or training provided; for purposes of calculating the training and coursework required by this chapter, one semester credit hour at an accredited IHE is equivalent to 15 clock-hours. Clock-hours of field-based experiences, clinical teaching, internship, residency, and practicum are actual hours spent in the required educational activities and experiences. (17) Contingency admission--Admission as described in §227.15 of this title (relating to Contingency Admission). (18) Completer--A person who has met all the requirements of an approved EPP; also referred to as finisher. In applying this definition, the fact that a person has or has not been recommended for a standard certificate or passed a certification examination shall not be used as criteria for determining who is a completer. (19) Cooperating teacher--For a clinical teacher candidate, an educator who is collaboratively assigned by the EPP and campus administrator who supports the candidate during the clinical teaching experience. (20) Co-teaching--A practice in which two or more teachers share instructional responsibility for a single group of students to address specific content and related learning objectives through a variety of approaches that best support the students' learning needs. (21) Educator--An individual who is required to hold a certificate issued under TEC, Chapter 21, Subchapter B. (22) Educator preparation program--An entity that is approved by the SBEC to prepare and recommend candidates for certification in one or more educator certification classes. (23) Enactments--Opportunities to engage teacher candidates in sheltered/protected practice to develop a skill through such examples as doing student work, role playing student interactions, coached lesson rehearsals, and peer run throughs of a proposed lesson. Candidates should have the opportunity to receive feedback on current practice and integrate feedback into future practices.(24) Enhanced standard certificate--A type of certificate issued to an individual who has met all requirements as specified in §230.39(b) of this title (relating to Enhanced Standard Certificates) under the teacher class of certificates. (25) Entity--The individual, corporation, partnership, IHE, public school or school district that is approved to deliver an EPP. (26) Extracurricular activities--Activities sponsored by the University Interscholastic League (UIL), the school district board of trustees, or an organization sanctioned by resolution of the board of trustees as specified in Chapter 76, Subchapter AA, of Part 2 of this title (relating to Commissioner's Rules).(27) Field-based experiences--Introductory experiences for a classroom teacher certification candidate, incorporated with preparation coursework that involve, at the minimum, reflective observation of and interaction with Early Childhood-Grade 12 students, teachers, and faculty/staff members engaging in educational activities in an authentic school setting.(28) Field supervisor--A currently certified educator, who preferably has advanced credentials, hired by the EPP to observe candidates, monitor their performance, and provide constructive feedback to improve their effectiveness as educators.(29) Formal admission--Admission as described in §227.17 of this title (relating to Formal Admission).(30) Head Start Program--The federal program established under the Head Start Act (42 United States Code (USC), §9801 et seq.) and its subsequent amendments.(31) Host teacher--For a teacher resident candidate, an educator who is jointly assigned by the EPP and the campus administrator who supports the candidate through co-teaching and coaching during their teacher residency field placement.(32) Initial certification--The first Texas certificate in a class of certificate issued to an individual based on participation in an approved EPP.(33) Intensive pre-service--An educator assignment supervised by an EPP accredited and approved by the SBEC prior to a candidate meeting the requirements for issuance of intern and probationary certificates.(34) Intern certificate--A type of certificate as specified in §230.36 of this title (relating to Intern Certificates) that is issued to a candidate who has passed all required content pedagogy certification examinations and is completing requirements for initial certification through an approved EPP.(35) Internship--A paid supervised classroom teacher assignment for one full school year at a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of a standard certificate.(36) Late hire--An individual who is both accepted into an EPP after the 45th day before the first day of instruction and hired for a teaching assignment by a school after the 45th day before the first day of instruction or after the school's academic year has begun.(37) Legacy Chapter 228 rules--The version of State Board for Educator Certification rules in Chapter 228 that were in effect on August 31, 2024.(38) Long-term substitute--An individual that has served in place of a teacher of record in a classroom for at least 30 consecutive days; also referred to as a permanent substitute.(39) Mentor--For an internship candidate, an educator who is employed as a classroom teacher on the candidate's campus and who is assigned to support the candidate during the internship experience.(40) Pedagogy--The art and science of teaching that incorporates instructional methods that are developed from scientifically based research.(41) Performance task--An assessment in which the teacher candidate applies learning and demonstrates a discrete set of skills, resulting in a tangible product or performance that serves as evidence of learning. The assessment must be evaluated using a standard rubric or set of criteria and must not include multiple-choice questions.(42) Post-baccalaureate program--An EPP, delivered by an accredited IHE and approved by the SBEC to recommend candidates for certification, that is designed for individuals who already hold at least a bachelor's degree and are seeking an additional degree.(43) Practicum--A supervised educator assignment at a public school accredited by the TEA or other school approved by the TEA for this purpose that is in a school setting in the particular class for which a certificate in a class other than classroom teacher is sought.(44) Probationary certificate--A type of certificate as specified in §230.37 of this title (relating to Probationary Certificates) that is issued to a candidate who has passed all required certification examinations and is completing requirements for certification through an approved EPP.(45) Representations--Artifacts and illustrations of instruction used to help teacher candidates see and analyze strong teaching practices. Representations expose teacher candidates to and build understanding of specific criteria of effective teacher practices, as well as deepen their content knowledge for teaching. May include teacher educator modeling, student work, videos and transcripts.(46) Residency--A supervised educator assignment for an entire school year through a partnership between an EPP and a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of an enhanced standard certificate. (47) School day--Actual school attendance days during the regular academic school year, including a partial day or extended day that students attend school for instructional purposes as adopted by the district or governing body of the school, excluding weekends, holidays, summer school, etc. (48) School year--The period of time starting with the first instructional day for students through the last instructional day for students as identified on the calendar of the campus or district for the school year in which the candidate is completing the clinical experience.(49) Site supervisor--For a practicum candidate, an educator who is assigned collaboratively by the campus or district administrator and the EPP and who supports the candidate during the practicum experience.(50) Standard certificate--A type of certificate issued to an individual who has met all requirements for a given class of certification, as specified in §230.33 of this title.(51) Students with disabilities--A student who is eligible to participate in a school district's special education program under Texas Education Code, §29.003, is covered by Section 504, Rehabilitation Act of 1973 (29 USC Section 794), or is covered by the Individuals with Disabilities Education Act (20 USC Section 1400 et seq.).(52) Substitute teacher--An individual who serves in place of a teacher of record in a classroom in an accredited public or private school.(53) Teacher of record--An educator who is employed by a school or district and who teaches in an academic instructional setting or a career and technical instructional setting not less than an average of four hours each day and is responsible for evaluating student achievement and assigning grades.(54) Texas Education Agency staff--Staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.(55) Texas Essential Knowledge and Skills (TEKS)--The Kindergarten-Grade 12 state curriculum in Texas adopted by the State Board of Education and used as the foundation of all state certification examinations.</content><note type="source"><p>Source Note: The provisions of this §228.2 adopted to be effective September 1, 2024, 49 TexReg 3531; amended to be effective March 11, 2025, 50 TexReg 1813.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scA/s228.4"><num value="228.4">§228.4</num><heading>Declared State of Disaster</heading><content>If the governor declares a state of disaster consistent with Texas Government Code, §418.014, Texas Education Agency staff may extend deadlines in this chapter for up to 90 days and decrease clinical teaching, internship, and practicum assignment minimums by up to 20 percent as necessary to accommodate persons in the affected disaster areas.</content><note type="source"><p>Source Note: The provisions of this §228.4 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scA/s228.6"><num value="228.6">§228.6</num><heading>Implementation Date</heading><content>The provisions of this chapter are effective September 1, 2024, unless otherwise specified in rule.(1) At the determination of the educator preparation program (EPP), candidates admitted into an EPP prior to September 1, 2024, are eligible to finish preparation program requirements under the Legacy Chapter 228 rules or may complete requirements under the new rules and credit requirements completed under the Legacy Chapter 228 rules.(A) Regardless of the preparation program requirements approved by an EPP via provisions in paragraph (1) of this subsection, for the purposes of formal observations, clinical experiences in Subchapter E of this chapter (relating to Educator Candidate Clinical Experiences), that begin on or after September 1, 2024, must meet the frequency and duration requirements in §§228.103(b)(1) of this title (relating to Formal Observations for Candidates in Residency Assignments), 228.105(b) of this title (relating to Formal Observations for All Candidates for Initial Classroom Teacher Certification), 228.105(c)(1) of this title, 228.107(b) of this title (relating to Formal Observations for Candidates in Clinical Teaching Assignments), 228.107(d) of this title, 228.109(b)(1) of this title (relating to Formal Observations for Candidates in Internship Assignments), 228.109(b)(2) of this title, 228.109(c)(1) of this title, 228.109(c)(2) of this title, and 228.111 of this title (relating to Formal Observations for Candidates Employed as Educational Aides).(B) Candidates must complete all requirements under Legacy Chapter 228 rules by August 31, 2026.(2) Candidates admitted into an EPP on or after September 1, 2024, are subject to all requirements in this chapter.</content><note type="source"><p>Source Note: The provisions of this §228.6 adopted to be effective September 1, 2024, 49 TexReg 3531; amended to be effective March 11, 2025, 50 TexReg 1813.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c228/scB"><num value="B">SUBCHAPTER B</num><heading>APPROVAL OF EDUCATOR PREPARATION PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p7/c228/scB/s228.11"><num value="228.11">§228.11</num><heading>New Entity Approval</heading><content>(a) An entity seeking initial approval to deliver an educator preparation program (EPP) shall attend a new applicant workshop conducted by Texas Education Agency (TEA) staff and, by December 1 of the same year as the entity attends the workshop, submit an application with evidence indicating the ability to comply with the provisions of this chapter, Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates), Chapter 229 of this title (relating to Accountability System for Educator Preparation Programs), and Chapter 230 of this title (relating to Professional Educator Preparation and Certification).(1) The application will be in a format determined by the TEA and shall include all the following program components:(A) ownership and governance of the EPP;(B) criteria for admission to the EPP;(C) EPP curriculum;(D) EPP coursework and training, including ongoing support during clinical teaching, internship, practicum, and residency experiences;(E) assessment and evaluation of candidates for certification and EPP improvement;(F) professional conduct of EPP staff and candidates;(G) EPP complaint procedures;(H) certification procedures;(I) required submissions of information, surveys, and other accountability data; and(J) as required under Texas Education Code (TEC), §21.0443(b)(1) and (2), instruction for all candidates in proactive instructional planning techniques and inclusive practices for all students throughout coursework and clinical experiences.(2) The applicant may submit an application for one certificate class and up to five certificate categories within the certificate class requested for initial approval.(3) The applicant must provide evidence the proposed program has the staff, knowledge, and expertise to support individuals in each certificate class and category being requested.(b) TEA staff will review the application and conduct a pre-approval site visit.(c) TEA staff shall recommend to the State Board for Educator Certification (SBEC) whether the entity should be approved.(d) A post-approval site visit will be conducted after the end of the first academic year in which the entity reports completers to TEA in accordance with §229.3 of this title (relating to Required Submissions of Information, Surveys, and Other Data).(e) All EPPs must be implemented as approved by the SBEC.(f) An individual or entity seeking approval from the SBEC as an EPP must have at least one physical location open for business in the state of Texas.</content><note type="source"><p>Source Note: The provisions of this §228.11 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scB/s228.13"><num value="228.13">§228.13</num><heading>Continuing Educator Preparation Program Approval</heading><content>(a) An educator preparation program (EPP) under this chapter shall be reviewed at least once every five years; however, a review may be conducted at any time at the discretion of Texas Education Agency (TEA) staff. Beginning with the 2026-2027 academic year, continuing approval reviews will evaluate implementation of the requirements of this chapter, including implementation during the 2025-2026 academic year. (b) To conduct the five-year review, TEA staff may conduct either: (1) an onsite visit, in which TEA staff go in person to an EPP's physical location to review the EPP's evidence of compliance; or (2) a desk review, in which TEA staff review the EPP's evidence of compliance remotely. (c) To efficiently administer and implement the State Board for Educator Certification (SBEC)'s purpose under this chapter and the Texas Education Code (TEC), TEA staff must use the following risk factors to determine the need for discretionary reviews and the type of five-year reviews: (1) a history of the EPP's compliance with state law and SBEC rules, standards, and procedures, with consideration given to: (A) the seriousness of any violation of a rule, standard, or procedure; (B) whether the violation resulted in an action being taken against the program; (C) whether the violation was promptly remedied by the program; (D) the number of alleged violations; and (E) any other matter considered to be appropriate in evaluating the EPP's compliance history; (2) whether the EPP meets the accountability standards under TEC, §21.045; and (3) whether the EPP is accredited by other organizations. (d) When an EPP consolidates with another EPP as described in §228.21 of this title (relating to Program Consolidation or Closure), TEA staff shall conduct a review of the resulting program within one year after the effective date for the consolidation. (e) The EPP under review must pay the fee for the continuing approval review, as set out in §229.9 of this title (relating to Fees for Educator Preparation Program Approval and Accountability), prior to the start date of the review. (f) At the time of the review, the EPP shall submit to TEA staff a status report regarding its compliance with existing standards and requirements for EPPs and documentary evidence of its compliance. To determine whether the EPP's evidence of compliance is sufficient, the EPP shall be scored on a rubric developed and published by TEA staff. Eighty percent of the records reviewed must be compliant with applicable requirements in the Texas Administrative Code and TEC. Evidence of compliance is described in the figure provided in this subsection. Attached Graphic(g) An EPP's participation in a continuing approval review pilot may serve as the EPP's required five-year review as prescribed in subsection (a) of this section. (h) An EPP is responsible for establishing procedures and practices to ensure the security of information against unauthorized or accidental access, disclosure, modification, destruction, or misuse prior to the expiration of the retention period. Unless specified otherwise, the EPP must retain evidence of compliance described in the figure provided in subsection (f) of this section for a period of five years. The EPP shall retain documents that evidence a candidate's eligibility for admission to the EPP and all evidence of a candidate's completion of all EPP requirements for a period of five years after a candidate completes, withdraws from, or is discharged or released from the EPP.</content><note type="source"><p>Source Note: The provisions of this §228.13 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scB/s228.15"><num value="228.15">§228.15</num><heading>Additional Approval</heading><content>(a) An alternative certification program seeking approval to implement a clinical teaching component shall submit a description of the following elements of the program for approval by Texas Education Agency (TEA) staff on an application in a form developed by TEA staff that shall include, at a minimum, the following: (1) general clinical teaching program description, including conditions under which clinical teaching may be implemented; (2) selection criteria for clinical teachers; (3) selection criteria for cooperating teachers; (4) description of support and communication between candidates, cooperating teachers, and the alternative certification program; (5) description of program supervision; and (6) description of how candidates are evaluated. (b) An educator preparation program (EPP) seeking approval to implement a residency program must submit a complete application in a form developed by TEA staff for consideration and approval by the State Board for Educator Certification (SBEC). The application must include evidence indicating the ability to comply with the provisions of this chapter and Chapter 230 of this title (relating to Professional Educator Preparation and Certification). (1) To determine whether the EPP's evidence of compliance is sufficient, the program shall be scored on a rubric developed and published by TEA staff. Evidence of compliance is described in the figure provided in this paragraph. Attached Graphic(2) TEA staff will review the application and required evidence and shall recommend to the SBEC whether the residency program should be approved. (3) A post-approval site visit will be conducted after the end of the first academic year in which the program reports residency completers to the TEA in accordance with §229.3 of this title (relating to Required Submissions of Information, Surveys, and Other Data).(c) An EPP seeking the addition of certificate categories and classes must comply with the following as applicable. (1) An EPP that is rated Accredited, as provided in §229.4 of this title (relating to Determination of Accreditation Status), may request the addition of a certificate class that has not been previously approved by the SBEC but must present a complete application in a form developed by TEA staff for consideration and approval by the SBEC. The application at a minimum must include the components identified in §228.11(a)(1) of this title (relating to New Entity Approval) and must document evidence that the EPP has the staff knowledge and expertise to support individuals participating in the certificate class being requested. (2) An EPP that is rated Accredited, as provided in §229.4 of this title, may request additional certificate categories be approved by TEA staff if the requested additional certificate categories are within the classes of certificates for which the EPP has been previously approved by the SBEC, by submitting an application in a form developed by TEA staff. The application shall include, at a minimum, the curriculum matrix, a description of how the educator standards for the certificate are incorporated into the coursework and training; and documentation showing that the program has the staff knowledge and expertise to support individuals participating in the certificate category being requested. The curriculum matrix must include the educator standards, the test framework competencies, the applicable Texas Essential Knowledge and Skills, the course and/or module names, and the benchmarks and assessments used to measure mastery of the standards and competencies and candidate progress through coursework. (3) An EPP rated Accredited, as provided in §229.4 of this title, and currently approved to offer a certificate for which the SBEC is changing the grade level of the certificate may request to offer the preapproved category at different grade levels if the requested additional certificate categories are within the classes of certificates for which the EPP has been previously approved by the SBEC, by submitting an application in a form developed by TEA staff that shall include, at a minimum, a modified curriculum matrix that includes: (A) the educator standards; (B) test framework competencies; (C) course and/or module names; and (D) the benchmarks and assessments used to measure successful program progress. (4) An EPP that has an accreditation status other than Accredited, as listed in §229.4 of this title, may not apply to offer additional certificate categories or classes of certificates. (d) An EPP that is rated Accredited, may open additional locations, provided the program informs TEA staff of any additional locations at which the program is providing educator preparation 60 days prior to providing educator preparation at the location. Additional program locations must operate in accordance with the program components under which the program has been approved to operate. An EPP that has an accreditation status listed in §229.4 of this title other than Accredited may not open additional locations.</content><note type="source"><p>Source Note: The provisions of this §228.15 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scB/s228.17"><num value="228.17">§228.17</num><heading>Limitations on Educator Preparation Program Amendments</heading><content>(a) An educator preparation program (EPP) that is rated Accredited or Accredited-Not Rated may amend its program, provided the program informs Texas Education Agency (TEA) staff of any amendments 60 days prior to implementing the amendments. An EPP must submit notification of a proposed amendment to its program on a letter signed by the EPP's legal authority or representative that explains the amendment, details the rationale for changes, and includes documents relevant to the amendment.(b) An EPP that is not rated Accredited or Accredited-Not Rated may amend its program, provided the program informs TEA staff of any amendments 120 days prior to implementing the amendments. An EPP must submit notification of a proposed amendment on a letter signed by the EPP's legally authorized agent or representative that explains the amendment, details the rationale for changes, and includes documents relevant to the amendment. The EPP shall be notified in writing of the approval or denial of its proposal within 60 days following the receipt of the notification by TEA staff.</content><note type="source"><p>Source Note: The provisions of this §228.17 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scB/s228.19"><num value="228.19">§228.19</num><heading>Contingency of Approval</heading><content>(a) Approval of an educator preparation program (EPP), including each specific certificate class and category, by the State Board for Educator Certification, is contingent upon approval by other lawfully established governing bodies such as the Texas Higher Education Coordinating Board, boards of regents, or school district boards of trustees.(b) Continuing EPP approval is contingent upon compliance with superseding state and federal law.</content><note type="source"><p>Source Note: The provisions of this §228.19 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c228/scC"><num value="C">SUBCHAPTER C</num><heading>ADMINISTRATION AND GOVERNANCE OF EDUCATOR PREPARATION PROGRAMS</heading><section identifier="/us/state/tx/tac/t19/p7/c228/scC/s228.21"><num value="228.21">§228.21</num><heading>Program Consolidation or Closure</heading><content>(a) An educator preparation program (EPP) that is consolidating or closing, whether as an entire program or only for specific individual certification categories or classes and whether voluntarily or by order of the State Board for Educator Certification (SBEC), must comply with the following procedures to ensure that all issues relevant to EPP consolidation or closure have been addressed.(1) The EPP shall submit a letter on official letterhead to Texas Education Agency (TEA) staff signed by the legal authority of the EPP that contains a formal statement of consolidation or closure with a specified effective date for consolidation or closure at least 90 days and no more than 270 days after the date of the letter.(2) The legal authority of the EPP shall meet with TEA staff weekly between the date of the notice letter required in paragraph (1) of this subsection and the date of closure.(3) The EPP shall contact the following types of candidates, either in the entire program or in the impacted certification category or class depending on the scope of the closure, with notification of consolidation or closure and the steps candidates must take in relation to their status, and shall maintain evidence of the attempts to notify each candidate:(A) currently enrolled candidates;(B) candidates who have been enrolled within the previous five years; and(C) completers within the previous five years.(4) The EPP shall not admit candidates or recommend candidates for an intern or probationary certificate within one year of its closure date.(5) The EPP shall identify approved EPPs to provide test approval and standard certification recommendations for completers at the closing EPP.(A) The closing EPP shall provide its candidates with a list of approved EPPs that can continue to support completers through test approval and standard certification.(B) To expedite the candidates' transfer to other programs, the closing EPP shall provide each candidate with appropriate documentation, such as a transcript or transfer form, reflecting all program requirements the candidate has met.(6) For five years after an EPP's closure, the EPP must identify and keep current a representative's name, electronic mail address, and telephone number to provide access to candidate records and responses to former candidate's questions and/or issues. If an EPP is consolidating, the candidate records will transfer to the new EPP.(7) The EPP must complete required SBEC and TEA actions, including required submissions of information, surveys, and other accountability data; removal of security accesses; reconciliation of certification recommendations; and payment of the Accountability System for Educator Preparation Programs technology fee as specified in §229.9 of this title (relating to Fees for Educator Preparation Program Approval and Accountability).(b) The chief operating officer, legal authority, or a member of the governing body of an EPP that fails to comply with the consolidation or closure procedures in this section is not eligible to apply for SBEC approval to offer an EPP.(c) The chief operating officer, legal authority, or a member of the governing body of an EPP that closes voluntarily due to pending TEA or SBEC action or involuntarily due to SBEC action is not eligible to apply for SBEC approval to offer an EPP.(d) If an EPP is consolidating or closing only individual certification classes or categories and fails to comply with the consolidation procedures in this section, TEA staff may make a recommendation that the SBEC impose sanctions affecting the new EPP's accreditation status in accordance with §229.5 of this title (relating to Accreditation Sanctions and Procedures) and/or continuing approval status in accordance with §229.6 of this title (relating to Continuing Approval).(e) If an EPP violates any of the requirements as prescribed in subsection (a)(1)-(7) of this section, TEA staff shall recommend revocation of the EPP's continuing approval to prepare and recommend candidates for certification in accordance with §229.6(c) of this title.</content><note type="source"><p>Source Note: The provisions of this §228.21 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scC/s228.23"><num value="228.23">§228.23</num><heading>Change of Ownership and Name Change</heading><content>(a) An educator preparation program (EPP) that changes ownership shall notify Texas Education Agency (TEA) staff of the change of ownership in writing within 10 days of the change.(b) A change of ownership is any agreement to transfer the control of an EPP. The control of an EPP is considered to have changed:(1) in the case of ownership by an individual, when more than 50% of the EPP has been sold or transferred;(2) in the case of ownership by a partnership or a corporation, when more than 50% of the owning partnership or corporation has been sold or transferred; or(3) in the case of ownership by a board of directors, officers, shareholders, or similar governing body, when more than 50% of the ownership has changed.(c) An EPP that is not a college or university may not change its name unless it has notified the TEA of a change of ownership within the preceding 90 days and has a State Board for Educator Certification (SBEC) accreditation status of Accredited or Accredited-Not Rated. The EPP shall notify TEA staff of the name change in writing.(d) An EPP that is a college or university may change its name if the EPP has notified the TEA that the entire college or university has changed its name.(e) An EPP shall annually report to the SBEC all names that the EPP has done business as during the preceding year. The TEA shall make EPPs' doing-business-as names available to the public on the TEA website as consumer information.(f) TEA staff shall recommend an accreditation status of Accredited-Probation in accordance with §229.4(e)(2) of this title (relating to Determination of Accreditation Status) for any EPP that fails to timely notify TEA staff regarding a change in ownership or a change of program name.</content><note type="source"><p>Source Note: The provisions of this §228.23 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scC/s228.25"><num value="228.25">§228.25</num><heading>Governance of Educator Preparation Programs</heading><content>(a) The preparation of educators shall be a collaborative effort among public schools accredited by the Texas Education Agency (TEA) and/or TEA-recognized private schools; regional education service centers; institutions of higher education; and/or business and community interests; and shall be delivered in cooperation with public schools accredited by the TEA and/or TEA-recognized private schools.(b) An advisory committee with members representing at least three out of the five groups identified as collaborators in subsection (a) of this section shall assist in the design, delivery, evaluation, and major policy decisions of the educator preparation program (EPP) and shall meet a minimum of once during each academic year. The approved EPP shall inform each member of the advisory committee of the roles and responsibilities of the advisory committee.(c) The governing body and chief operating officer of an EPP shall provide sufficient support to enable the EPP to meet all standards set by the SBEC and shall be accountable for the quality of the EPP and the candidates whom the EPP recommends for certification.(d) For an EPP that the State Board for Educator Certification has approved to offer a residency program under §228.65 of this title (relating to Residency), the EPP must meet at least quarterly with district and campus administrators of the school district with which the EPP has partnered, including the campus supervisors of all the EPP's current residency candidates, to review data, including performance data, for the EPP's current residency candidates and to make programmatic decisions or changes to implement continuous improvement of the EPP's residency program.(e) For the purposes of EPP improvement, an EPP shall continuously evaluate the design and delivery of the EPP components based on performance data, scientifically based research practices, and the results of internal and external feedback and assessments.</content><note type="source"><p>Source Note: The provisions of this §228.25 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c228/scD"><num value="D">SUBCHAPTER D</num><heading>REQUIRED EDUCATOR COURSEWORK AND TRAINING</heading><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.31"><num value="228.31">§228.31</num><heading>Minimum Educator Preparation Program Obligations to All Candidates</heading><content>(a) Each educator preparation program (EPP) must develop and implement a calendar of program activities that must include a deadline for accepting candidates into a program cycle to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching or internship experience. If an EPP accepts candidates after the deadline, the EPP must develop and implement a calendar of program activities to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching experience or internship or, if a late hire, by the specified deadline in the late hire provision.(b) All EPPs shall have a published exit policy for dismissal of candidates that is reviewed and signed by candidates upon admission. The exit policy must identify a point of dismissal for inactive candidates after no more than two years of inactivity, or university-based EPPs may adopt their institution's policy. An inactive candidate is one who is no longer completing coursework, training, and testing requirements with an EPP and is not a completer of the EPP.(c) To ensure that a candidate for educator certification is prepared to receive a standard or enhanced standard certificate, the EPP shall establish benchmarks and structured assessments of the candidate's progress throughout the EPP and provide support and interventions to each candidate based on the benchmark and structured assessment results.(d) An EPP is responsible for ensuring that each candidate is adequately prepared to pass the appropriate examination(s) required for certification. An EPP shall determine the readiness of each candidate to take the appropriate certification examination of content, pedagogy, and professional responsibilities, including professional ethics and standards of conduct.(e) The EPP shall grant test approval when the EPP determines the candidate is ready, or if the candidate is a completer. An EPP may make test approval contingent on a candidate completing additional coursework and/or training to show that the candidate is prepared to pass the test if the candidate is seeking test approval from the EPP in an area where the standards and/or test changed since the candidate completed all requirements of the EPP or if the candidate has returned to the EPP for test approval one or more years following the academic year of completion of all program requirements.(f) Upon the written request of the candidate, an EPP may prepare a candidate and grant test approval for a classroom teacher certificate category other than the category for which the candidate was initially admitted to the EPP only if:(1) the candidate would meet the requirements for admission under §227.10 of this title (relating to Admission Criteria) in the requested certificate category;(2) the EPP provides coursework and training in the educator standards and test framework competencies related to the requested certificate category; and(3) the EPP ensures that the candidate is adequately prepared to pass the appropriate content pedagogy examination(s) required for the requested certificate category.(g) An EPP shall not grant test approval for a certification examination until a candidate has met all of the requirements for admission to the EPP and has been contingently or formally admitted into the EPP.(h) An EPP shall ensure that candidates complete all coursework and training and complete a successful clinical experience prior to identifying the candidate as a completer and recommending standard or enhanced standard certification. Candidates for teacher certification that meet one of the requirements in §228.79 of this title (relating to Exemptions from Required Clinical Experiences for Classroom Teacher Candidates) are exempt from completing the required field-based experience and clinical experience.(i) An EPP shall retain documents that evidence a candidate's eligibility for admission to the program and evidence of completion of all program requirements for a period of five years after a candidate completes, withdraws from, or is discharged or released from the program.(j) During the period of preparation, the EPP shall ensure that the individuals preparing candidates and the candidates themselves understand and adhere to Chapter 247 of this title (relating to Educators' Code of Ethics).</content><note type="source"><p>Source Note: The provisions of this §228.31 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.33"><num value="228.33">§228.33</num><heading>Preparation Program Coursework and/or Training for All Certification Classes</heading><content>(a) An educator preparation program (EPP) shall provide coursework and/or training to adequately prepare candidates for educator certification and ensure the educator is effective in the assignment. (b) Coursework and/or training shall be sustained, rigorous, intensive, interactive, candidate-focused, and must include multiple performance tasks and other evaluative tools that require candidates to demonstrate proficiency in the educator standards and test framework competencies related to the certificate class or category sought. (c) All coursework and/or training shall be completed prior to an EPP identifying a candidate as a completer and recommending standard or enhanced standard certification. (d) Coursework and training that is offered online must meet criteria set for accreditation, quality assurance, and/or compliance with one or more of the following:(1) Accreditation or Certification by the Distance Education Accrediting Commission;(2) Program Design and Teaching Support Certification by Quality Matters;(3) Part 1, Chapter 2, Subchapter J, Rule §2.204 of this title (relating to Approval of Distance Education Courses and Programs for Public Institutions); or(4) Part 1, Chapter 7, of this title (relating to Degree Granting Colleges and Universities Other than Texas Public Institutions).</content><note type="source"><p>Source Note: The provisions of this §228.33 adopted to be effective September 1, 2024, 49 TexReg 3531; amended to be effective March 11, 2025, 50 TexReg 1813.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.35"><num value="228.35">§228.35</num><heading>Substitution of Applicable Experience and Training</heading><content>Each educator preparation program (EPP) must develop and implement specific criteria and procedures that allow:(1) military service member or military veteran candidates to credit verified military service, training, clinical and professional experience, or education toward the training, education, work experience, or related requirements (other than certification examinations) for educator certification requirements, provided that the military service, training, or education is directly related to the certificate being sought;(2) candidates who are not military service members or military veterans to substitute prior or ongoing service, training, or education, provided that the experience, education, or training is not also counted as a part of the internship, clinical teaching, or practicum requirements, was provided by an approved EPP or an accredited institution of higher education within the past five years, and is directly related to the certificate being sought; and(3) candidates who previously completed a graduate program from a program approved to offer the Deafblind Early Childhood-Grade 12 certificate to receive test approval from the EPP. The EPP may require additional coursework.</content><note type="source"><p>Source Note: The provisions of this §228.35 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.37"><num value="228.37">§228.37</num><heading>Coursework and Training for Classroom Teacher Candidates</heading><content>(a) An educator preparation program (EPP) shall provide each candidate seeking an initial classroom teacher certification with a minimum of 300 clock-hours of coursework and/or training, including required pre-service coursework and training under §228.41 of this title (relating to Pre-Service Coursework and Training for Classroom Teacher Candidates).(b) An EPP shall provide a minimum of 200 clock-hours of coursework and/or training for a candidate seeking a Trade and Industrial Workforce Training certificate as specified by §233.14(e) of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area).</content><note type="source"><p>Source Note: The provisions of this §228.37 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.39"><num value="228.39">§228.39</num><heading>Intensive Pre-Service</heading><content>(a) To offer intensive pre-service, an educator preparation program (EPP) shall provide the following programmatic requirements for a candidate prior to issuing an intern certificate:(1) a four-week minimum intensive program;(2) a minimum of 12 instructional days with one hour of supervised instruction per day;(3) a minimum of four face-to-face observation/feedback coaching cycles provided by qualified coaches with observations that are a minimum of 15 minutes and coaching meetings that are a minimum of 30 minutes; and(4) the requirements regarding coursework and/or training for a candidate seeking initial certification in the classroom teacher certification class as specified in §228.41of this title (relating to Pre-Service Coursework and Training for Classroom Teacher Candidates) and §228.43 of this title (relating to Pre-Service Field-based Experiences for Classroom Teacher Candidates).(b) An EPP offering intensive pre-service shall ensure that:(1) a candidate coach participates in a minimum of four observation/feedback coaching cycles provided by program supervisors and ongoing training;(2) a candidate coach completes a Texas Education Agency (TEA)-approved observation training or has completed a minimum of 150 hours of observation/feedback training; and(3) a candidate coach shall have a current certification in the class in which supervision is provided.(c) A candidate participating in intensive pre-service will be eligible for an intern certificate by completing:(1) the requirements as prescribed in §230.36(f) of this title (relating to Intern Certificates);(2) programmatic requirements under subsection(a)(1)-(4) of this section; and(3) the requirements of the following proficiencies in §150.1002 of Part II of this title (relating to Assessment of Teacher Performance) for pedagogical skills that are used by the program and approved by the state and meet all of the following performance level measures:(A) Developing performance level on Planning Dimension 1.1: Standards and Alignment;(B) Developing performance level on Planning Dimension 1.2: Data and Assessment;(C) Developing performance level on Instruction Dimension 2.1: Achieving Expectations;(D) Developing performance level on Instruction Dimension 2.2: Content Knowledge and Expertise;(E) Developing performance level on Learning Environment Dimension 3.1: Classroom Environment, Routines, and Procedures;(F) Developing performance level on Learning Environment Dimension 3.2: Managing Student Behavior;(G) Developing performance level on Learning Environment Dimension 3.3: Classroom Culture;(H) Proficient performance level on Professional Practices and Responsibilities Dimension 4.1: Professional Demeanor and Ethics;(I) Developing performance level on Professional Practices and Responsibilities Dimension 4.2: Goal Setting; and(J) Developing performance level on Professional Practices and Responsibilities Dimension 4.3: Professional Development.(d) A candidate participating in intensive pre-service will be eligible for a probationary certificate as prescribed in §230.37(f) of this title (relating to Probationary Certificates).</content><note type="source"><p>Source Note: The provisions of this §228.39 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.41"><num value="228.41">§228.41</num><heading>Pre-Service Coursework and Training for Classroom Teacher Candidates</heading><content>Unless a candidate qualifies as a late hire under §228.55 of this title (relating to Late Hire Candidates), a candidate shall complete the following prior to any clinical teaching, internship, or residency:(1) a minimum of 50 clock-hours of field-based experiences that are integrated into coursework and are completed as described in §228.43 of this chapter (relating to Pre-Service Field-Based Experiences for Classroom Teacher Candidates); and(2) 150 clock-hours of coursework and/or training as prescribed in §228.57 of this title (relating to Educator Preparation Curriculum) that allows candidates to demonstrate proficiency through performance tasks in:(A) preparing clear, well-organized, sequential, engaging, and flexible lessons that reflect best practice, align with standards and related content, are appropriate for all learners, and encourage higher-order thinking, persistence, and achievement;(B) formally and informally collecting, analyzing, and using student progress data to inform instruction and make needed lesson adjustments;(C) ensuring high levels of learning and achievement for all students through knowledge of students, proven practices, and differentiated instruction;(D) clearly and accurately communicating to support persistence, deeper learning, and effective effort;(E) organizing a safe, accessible, and efficient classroom;(F) establishing, communicating, and maintaining clear expectations for student behavior;(G) leading a mutually respectful and collaborative class of actively engaged learners;(H) meeting expectations for attendance, professional appearance, decorum, procedural, ethical, legal, and statutory responsibilities;(I) reflecting on his or her practice;(J) effectively communicating with students, families, colleagues, and community members;(K) proactively implementing instructional planning techniques and inclusive practices for all students, including students with disabilities; and(L) effectively implementing open education resource instructional materials included on the list of approved instructional materials maintained by the State Board of Education under Texas Education Code, §31.022, in each subject area and grade level covered by the certification category.</content><note type="source"><p>Source Note: The provisions of this §228.41 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.43"><num value="228.43">§228.43</num><heading>Pre-Service Field-Based Experiences for Classroom Teacher Candidates</heading><content>(a) An educator preparation program (EPP) shall require each candidate to complete field-based experiences in a variety of authentic school settings with diverse student populations, including observation of teachers modeling effective practices to improve student learning and opportunities for candidates to practice skills and receive feedback.(b) For initial certification in the classroom teacher certification class, each EPP shall provide field-based experiences, as defined in §228.2 of this title (relating to Definitions), for a minimum of 50 clock-hours. The field-based experiences must be completed prior to assignment in an internship, clinical teaching, or residency.(c) Field-based experiences must include, at a minimum, 25 clock-hours in which the candidate, under the direction of the EPP, is actively engaged in instructional or educational activities.(1) Field-based experiences must be conducted in settings that include all of the following:(A) authentic school settings in a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for this purpose, including all Department of Defense Education Activity (DoDEA) schools, wherever located, and all schools accredited by the Texas Private School Accreditation Commission (TEPSAC);(B) instruction by content certified teachers;(C) actual students in classrooms/instructional settings with identity-proof provisions; and(D) content or grade-level specific classrooms/instructional settings.(2) Field-based experiences include candidates engaging with activities such as:(A) small group instruction;(B) tutoring;(C) presenting whole class instruction;(D) one-on-one student support;(E) practicing classroom management skills;(F) supporting lead teacher instruction; and(G) coteaching.(3) Each field-based experience must include a written reflection of the experience that:(A) is guided by the EPP;(B) is unique from the other reflections;(C) includes a detailed reflection of each field-based experience; and(D) identifies educational practices observed and/or experienced.(4) The time spent writing the written reflection does not count toward the required 25 clock-hours for field-based experiences.(d) Up to 25 clock-hours of field-based experience may be provided by use of electronic transmission or other video or technology-based method; service as a teacher of record, service as an educational aide, and service as a substitute teacher; and must be under the direction of the EPP.(1) The field-based experience setting must include:(A) authentic school settings in an accredited public or private school;(B) instruction by content certified teachers;(C) actual students in classrooms/instructional settings with identity-proof provisions; and(D) content or grade-level specific classrooms/instructional settings.(2) Each field-based experience must include a written reflection of the observation that:(A) is guided by the EPP;(B) is unique from the other reflections;(C) includes a detailed reflection of each field-based experience; and(D) identifies educational practices observed and/or experienced.(3) The time spent writing the written reflection does not count toward the required 25 clock-hours for field-based experiences.(4) Field-based experience hours identified in this subsection must occur after the candidate's admission into the EPP. The candidate's experience in instructional or educational activities, including reflections as described in paragraph (2) of this subsection, must be documented by the EPP and must be obtained at a public or private school accredited or approved for this purpose by the TEA.(e) Up to 15 clock-hours of field-based experience may be satisfied by serving as a long-term substitute (as defined in §228.2 of this title) either after the candidate's admission to an EPP or during the two years before the candidate's admission to an EPP. The candidate's experience in instructional or educational activities must be documented by the EPP and must be obtained at a public or private school accredited or approved for this purpose by the TEA.(f) An EPP may apply to use a public school, a private school, or a school system located within any state or territory of the United States as a site for field-based experience in accordance with §228.63(f) of this title (relating to Locations for Required Clinical Experiences).</content><note type="source"><p>Source Note: The provisions of this §228.43 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.45"><num value="228.45">§228.45</num><heading>Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification</heading><content>(a) An educator preparation program (EPP) must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards for the Early Childhood: Prekindergarten-Grade 3 certificate adopted by the State Board for Educator Certification (SBEC) as specified in Chapter 235, Subchapter B, of this title (relating to Elementary School Certificate Standards).(b) An EPP shall provide each candidate who holds a valid standard, provisional, or one-year classroom teacher certificate specified in §230.31 of this title (relating to Types of Certificates) in a certificate category that allows the applicant to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3 with a minimum of 150 clock-hours of coursework and/or training that is directly aligned to the educator standards as specified in Chapter 235, Subchapter B, of this title. A clinical teaching, internship, or practicum assignment is not required for completion of program requirements.(c) An EPP shall provide each candidate who holds a valid standard, provisional, or one-year classroom teacher certificate as specified in §230.31 of this title in a certificate category that does not allow the candidate to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3 coursework and/or training as specified in §228.33 of this title (relating to Preparation Program Coursework and/or Training for All Certification Classes) and §228.37 of this title (relating to Coursework and Training for Classroom Teacher Candidates of this section) that is directly aligned to the educator standards as specified in Chapter 235, Subchapter B, of this title. An EPP shall also provide such a candidate a clinical experience as specified in §228.61(a) of this title (relating to Required Clinical Experiences) and §228.63 of this title (relating to Locations for Required Clinical Experiences), a mentor or cooperating teacher as specified in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences), and field supervision and ongoing support as specified in Subchapter F of this chapter.</content><note type="source"><p>Source Note: The provisions of this §228.45 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.47"><num value="228.47">§228.47</num><heading>Coursework and Training Requirements for Bilingual Special Education Certification</heading><content>An educator preparation program must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards described in Texas Education Code (TEC), §21.04891, for the Bilingual Special Education certificate adopted by the State Board for Educator Certification.</content><note type="source"><p>Source Note: The provisions of this §228.47 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.49"><num value="228.49">§228.49</num><heading>Coursework and Training Requirements for a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12</heading><content>An educator preparation program must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards for the Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate adopted by the State Board for Educator Certification.</content><note type="source"><p>Source Note: The provisions of this §228.49 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.51"><num value="228.51">§228.51</num><heading>Coursework and Training Requirements for a Deafblind Supplemental: Early Childhood-Grade 12</heading><content>An educator preparation program must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards for the Deafblind Supplemental: Early Childhood-Grade 12 certificate adopted by the State Board for Educator Certification.</content><note type="source"><p>Source Note: The provisions of this §228.51 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.53"><num value="228.53">§228.53</num><heading>Coursework and Training for Non-Teacher Candidates</heading><content>(a) An educator preparation program (EPP) shall provide coursework and/or training to ensure that the educator is effective in the assignment.(b) An EPP shall provide a candidate with a minimum of 200 clock-hours of coursework and/or training that is directly aligned to the educator standards for the applicable certification class in §239.15 of this title (relating to Standards Required for the School Counselor Certificate), §239.55 of this title (relating to Standards Required for the School Librarian Certificate), §239.84 of this title (relating to Requirements for the Issuance of the Standard Educational Diagnostician Certificate), §239.93 of this title (relating to Requirements for the Issuance of the Reading Specialist Certificate), §241.15 of this title (relating to Standards Required for the Principal as Instructional Leader Certificate), or §242.15 of this title (relating to Standards Required for the Superintendent Certificate).</content><note type="source"><p>Source Note: The provisions of this §228.53 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.55"><num value="228.55">§228.55</num><heading>Late Hire Candidates</heading><content>(a) A late hire for a school district teaching position may begin employment under an intern or probationary certificate before completing the pre-internship requirements under §228.41 of this title (relating to Pre-Service Coursework and Training for Classroom Teacher Candidates) and §228.43 of this title (relating to Pre-Service Field-Based Experiences for Classroom Teacher Candidates) but shall complete these requirements within 90 business days of the hire date.(b) With appropriate documentation such as certificate of attendance, sign-in sheet, or other written school district verification, 50 clock-hours of pre-internship training required in subsection (a) of this section may be provided by a school district and/or campus that is a Texas Education Agency (TEA)-approved continuing professional education provider to a candidate who is considered a late hire. The training provided by the school district and/or campus must meet the criteria described in Texas Education Code, §21.451, and must be directly related to the certificate being sought.(c) A candidate that does not complete the pre-internship requirements under §228.41 of this title and §228.43 of this title within 90 business days of the hire date is not qualified for the intern or probationary certificate. The educator preparation program shall then notify TEA staff to deactivate the intern or probationary certificate in accordance with §228.73(h) of this title (relating to Internship).</content><note type="source"><p>Source Note: The provisions of this §228.55 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scD/s228.57"><num value="228.57">§228.57</num><heading>Educator Preparation Curriculum</heading><content>(a) The educator standards adopted by the State Board for Educator Certification (SBEC) shall be the curricular basis for all educator preparation and, for each certificate, address the relevant Texas Essential Knowledge and Skills (TEKS).(b) The curriculum for each educator preparation program (EPP) shall rely on scientifically based research to ensure educator effectiveness and include opportunities for candidate practice in increasingly more authentic and developmentally rigorous ways, including analysis, representations, and enactments of instructional pedagogies and opportunities to receive feedback and adjust practice during coursework, training and field-based and clinical experiences.(c) The following subject matter shall be included in the curriculum for candidates seeking initial certification in any certification class:(1) the code of ethics and standard practices for Texas educators, pursuant to Chapter 247 of this title (relating to Educators' Code of Ethics) as well as Chapter 249, Subchapter B, of this title (relating to Enforcement Actions and Guidelines), which include:(A) professional ethical conduct, practices, and performance;(B) ethical conduct toward professional colleagues; and(C) ethical conduct toward students;(2) instruction in detection and education of students with dyslexia by an approved provider as indicated in Texas Education Code (TEC), §21.044(b);(3) instruction regarding mental health, substance abuse, and youth suicide, as indicated in TEC, §21.044(c-1). Instruction acquired from the list of recommended best practice-based programs or from an accredited institution of higher education or an alternative certification program as part of a degree plan shall be implemented as required by the provider of the best practice-based program or research-based practice;(4) the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for all students in this state, including students with disabilities;(5) the importance of building strong classroom management skills;(6) the framework in this state for teacher and principal evaluation;(7) appropriate relationships, boundaries, and communications between educators and students;(8) instruction in digital learning, virtual instruction, and virtual learning, as defined in TEC, §21.001, including a digital literacy evaluation followed by a prescribed digital learning curriculum. The instruction required must:(A) be aligned with the latest version of the International Society for Technology in Education's (ISTE) standards as appears on the ISTE website;(B) provide effective, evidence-based strategies to determine a person's degree of digital literacy;(C) cover best practices in:(i) assessing students receiving virtual instruction, based on academic progress; and(ii) developing a virtual learning curriculum; and(D) include resources to address any deficiencies identified by the digital literacy evaluation;(9) instruction regarding students with disabilities, the use of proactive instructional planning techniques, and evidence-based inclusive instructional practices, as required under TEC §21.044(a-1)(1)-(3); and(10) instruction in the open education resources instructional materials included on the list of approved instructional materials maintained by the State Board for Education under TEC, §31.022, in each subject area and grade level covered by the candidate's certification category, as required under TEC, §21.044(a-1)(4). A preparation program may not include instruction on the use of instructional materials that incorporate the method of three-cueing, as defined by TEC, §28.0062(a-1), into foundational skills reading instruction, as required under TEC, §21.044(h).(d) The following subject matter shall be included in the curriculum for candidates seeking initial certification in the classroom teacher certification class:(1) the relevant TEKS, including the English Language Proficiency Standards;(2) reading instruction, including instruction that improves students' content-area literacy;(3) for certificates that include early childhood and prekindergarten, the Prekindergarten Guidelines; and(4) the skills and competencies as prescribed in Chapter 235 of this title (relating to Classroom Teacher Certification Standards) and captured in the Texas teacher standards in Chapter 149, Subchapter AA, of Part 2 of this title (relating to Teacher Standards).(e) The following educator content standards from Chapter 235 of this title shall be included in the curriculum for candidates who hold a valid standard, provisional, or one-year classroom teacher certificate specified in §230.31 of this title (relating to Types of Certificates) in a certificate category that allows the candidates who are seeking the Early Childhood: Prekindergarten-Grade 3 certificate to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3:(1) child development provisions of the Early Childhood: Prekindergarten-Grade 3 Content Standards;(2) Early Childhood-Grade 3 Pedagogy and Professional Responsibilities Standards; and(3) Science of Teaching Reading Standards.(f) For candidates seeking certification in the Principal certification class, the curriculum shall also include the skills and competencies captured in the Texas administrator standards, as indicated in Chapter 149, Subchapter BB, of Part 2 of this title (relating to Administrator Standards).</content><note type="source"><p>Source Note: The provisions of this §228.57 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c228/scE"><num value="E">SUBCHAPTER E</num><heading>EDUCATOR CANDIDATE CLINICAL EXPERIENCES</heading><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.61"><num value="228.61">§228.61</num><heading>Required Clinical Experiences</heading><content>(a) To prepare a candidate for initial certification in the classroom teacher certification class, an educator preparation program (EPP) shall provide the candidate one of the following:(1) clinical teaching that meets the standards in §228.67 of this title (relating to Clinical Teaching); or(2) a clinical teaching option that is approved by the State Board for Educator Certification through an exception request under §228.71 of this title (relating to Exceptions to the Clinical Teaching Requirement); or(3) an internship that meets the requirements of §228.73 of this title (relating to Internship); or(4) a residency that meets the requirements of §228.65 of this title (relating to Residency).(b) Candidates participating in an internship or a clinical teaching assignment must experience a full range of professional responsibilities that shall include the start of the school year. The start of the school year is defined as the first 15 instructional days of the school year. If these experiences cannot be provided through clinical teaching or an internship, they must be provided through field-based experiences.(c) To prepare a candidate for initial certification in a class other than classroom teacher, an EPP shall provide a practicum for a minimum of 160 clock-hours that meets the requirements in §228.81 of this title (relating to Clinical Experience for Certification Other Than Classroom Teacher).</content><note type="source"><p>Source Note: The provisions of this §228.61 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.63"><num value="228.63">§228.63</num><heading>Locations for Required Clinical Experiences</heading><content>(a) An internship, clinical teaching, practicum, or residency experience must take place in-person in a Prekindergarten-Grade 12 school setting rather than a distance learning lab or virtual school setting.(b) An internship, clinical teaching, or residency experience for certificates that include early childhood may be completed at a Head Start Program with the following stipulations:(1) a certified teacher is available as a trained mentor;(2) the Head Start program is affiliated with the federal Head Start program and approved by the Texas Education Agency (TEA);(3) the Head Start program teaches three- and four-year-old students; and(4) the state's prekindergarten curriculum guidelines are being implemented.(c) An internship, clinical teaching, practicum, or residency experience shall not take place in a setting where the candidate:(1) has an administrative role over the mentor, cooperating teacher, site supervisor, or host teacher; or(2) is related to the field supervisor, mentor, cooperating teacher, site supervisor, or host teacher by blood (consanguinity) within the third degree or by marriage (affinity) within the second degree.(d) School districts and charter schools authorized under Texas Education Code, Chapter 12, all Department of Defense Education Activity (DoDEA) schools, wherever located, and all schools accredited by the Texas Private School Accreditation Commission (TEPSAC) are approved by the TEA for purposes of internship, clinical teaching, practicum, and/or residency.(e) Subject to all the requirements of this section, the TEA may approve a school that is not a public school accredited by the TEA as a site for internships, clinical teaching, practicums, and/or residency.(f) An educator preparation program (EPP) may file an application, with the appropriate fee specified in §229.9 of this title (relating to Fees for Educator Preparation Program Approval and Accountability), with the TEA for approval, subject to periodic review, of a public or private school for a candidate's placement located within any state or territory of the United States, as a site for clinical teaching, practicum, or residency required by this chapter.(1) The clinical teaching, practicum, or residency site may be approved for a candidate who must complete requirements outside the state of Texas due to the following reasons if they occur following admission to the EPP:(A) military assignment of candidate or spouse;(B) illness of candidate or family member for whom the candidate is the primary caretaker;(C) candidate becomes the primary caretaker for a family member residing out of state; or(D) candidate or spouse transfer of employment.(2) The application shall identify the circumstances that necessitate the request to complete clinical teaching, practicum, or residency outside of the state of Texas and be in a form developed by TEA staff and shall include, at a minimum:(A) the accreditation(s) held by the school;(B) a crosswalk comparison of the alignment of the instructional standards of the school with those of the applicable Texas Essential Knowledge and Skills and State Board for Educator Certification certification standards;(C) the certification, credentials, and training of the field supervisor(s) who will supervise candidates in the school; and(D) the measures that will be taken by the EPP to ensure that the candidate's experience will be equivalent to that of a candidate in a Texas public school accredited by the TEA.(g) An EPP may file an application, with the appropriate fee specified in §229.9 of this title, with the TEA for approval, subject to periodic review, of a public or private school for a candidate's placement located outside the United States, as a site for clinical teaching, practicum, or residency required by this chapter.(1) The site may be approved for a candidate who must complete requirements outside the United States due to the following reasons if they occur following admission to the EPP:(A) military assignment of candidate or spouse;(B) illness of candidate or family member for whom the candidate is the primary caretaker;(C) candidate becomes the primary caretaker for a family member residing out of country; or(D) candidate or spouse transfer of employment.(2) The application shall identify the circumstances that necessitate the request to complete clinical teaching, practicum, or residency outside of the United States and be in a form developed by TEA staff and shall include, at a minimum:(A) the same provisions required in subsection (f)(2) of this section for schools located within any state or territory of the United States;(B) a description of the on-site program personnel and program support that will be provided;(C) a description of any risks to candidate or supervising personnel associated with placement in the country specified in the application and options for mitigating risks; and(D) a description of the school's recognition by the U.S. State Department Office of Overseas Schools.</content><note type="source"><p>Source Note: The provisions of this §228.63 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.65"><num value="228.65">§228.65</num><heading>Residency</heading><content>(a) To offer a residency, an educator preparation program (EPP) shall provide the following programmatic requirements for a candidate prior to issuing an enhanced standard certificate as prescribed in §230.39 of this title (relating to Enhanced Standard Certificates):(1) the residency must include a minimum of one full school year of clinical experience, including the first and last instructional days with students, in a classroom supervised by a host teacher in the classroom teacher assignment or assignments that match the certification category or categories for which the candidate is prepared by the EPP;(2) the residency clinical experience must meet a minimum of 750 hours in total, with a minimum of 21 hours per week during a school week that does not include school district or campus closures or disruptions (e.g., inclement weather, holidays). In the event of a district or campus closure that results in the need for reduced residency clinical experience hours during a given week, the program must document the need for the reduced hours;(3) the minimum may be reduced to no less than 700 hours if the candidate is absent from the clinical assignment due to a documented instance of parental leave, military leave, extended illness, or bereavement; and(4) the beginning date of a residency clinical experience for the purpose of field supervision is the first day of instruction with students in the school or district in which the residency takes place.(b) An EPP offering a residency shall ensure that:(1) residency candidates are assigned to one distinct field site for the duration of the residency. EPPs may allow exceptions with a documented process for candidates seeking certification in more than one certification category, candidates seeking certification in Early Childhood-Grade 12 certification categories, and candidates with reasonable human resources concerns. The program and the district must both sign documentation that the benefits of two placements outweigh the consequence of not assigning one distinct field placement. Candidates who receive exceptions shall be placed in no more than two distinct field sites;(2) during the course of the residency, the residency candidate shall engage in increased responsibility for student instruction, including coteaching and leading classroom instruction for at least 400 hours; and(3) a residency candidate must experience a full range of professional responsibilities during the residency.(c) In addition to the benchmarks and structured assessments required under §228.31(c) of this title(relating to Minimum Educator Preparation Program Obligations to All Candidates), the EPP shall manage and support candidate progression through the dimensions described in subsection (f) of this section and determine readiness to proceed to the next level of increased responsibility for student instruction during the residency, including establishing performance gates with performance tasks observed and evaluated by the field supervisor that require residency candidates to demonstrate mastery of certain educator standards to progress to the next level of responsibility for student instruction. Performance gates must be conducted at least four times a year and occur at least twice per semester.(d) The EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the residency, unless, prior to the expiration of that term:(1) the candidate resigns or is terminated by the school or district;(2) the candidate is discharged or is released from the EPP;(3) the candidate withdraws from the EPP; or(4) the residency assignment does not meet the requirements described in this subchapter.(e) If the candidate leaves the residency assignment for any of the reasons identified in subsection (d) of this section, the EPP, the campus or district personnel, and the candidate must inform each other within one calendar week of the candidate's last day in the assignment.(f) A candidate participating in a residency shall be eligible for an enhanced standard certificate by completing all of the following:(1) the requirements as prescribed in §230.39(b) of this title (relating to Enhanced Standard Certificates);(2) programmatic requirements under subsections (a)-(c) of this section;(3) the requirements of the following proficiencies in §150.1002 of Part II of this title (relating to Assessment of Teacher Performance) for pedagogical skills that are used by the program and approved by the state and meet the Proficient performance level measure in each of the following dimensions:(A) Planning Dimension 1.1: Standards and Alignment;(B) Planning Dimension 1.2: Data and Assessment;(C) Instruction Dimension 2.1: Achieving Expectations;(D) Instruction Dimension 2.2: Content Knowledge and Expertise;(E) Instruction Dimension 2.3: Communication;(F) Learning Environment Dimension 3.1: Classroom Environment, Routines, and Procedures;(G) Learning Environment Dimension 3.2: Managing Student Behavior;(H) Learning Environment Dimension 3.3: Classroom Culture;(I) Professional Practices and Responsibilities Dimension 4.1: Professional Demeanor and Ethics;(J) Professional Practices and Responsibilities Dimension 4.2: Goal Setting; and(K) Professional Practices and Responsibilities Dimension 4.3: Professional Development.(g) A residency is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor, host teacher, and campus supervisor recommend to the EPP that the candidate should be recommended for a residency certificate. If the field supervisor, host teacher, or campus supervisor do not recommend that the candidate should be recommended for an enhanced standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and the field supervisor, the host teacher, or the campus supervisor.</content><note type="source"><p>Source Note: The provisions of this §228.65 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.67"><num value="228.67">§228.67</num><heading>Clinical Teaching</heading><content>(a) A candidate seeking initial certification as a classroom teacher must have a clinical teaching assignment for each subject area in which the candidate is seeking certification.(b) The required duration of a clinical teaching assignment shall be a minimum of 490 hours. For the purposes of satisfying this requirement, the following provisions apply.(1) At least 280 clinical teaching hours must be completed in the subject area and grade level of the certification sought, under the supervision of a cooperating teacher as specified in §228.91 of this title (relating to Mentors, Cooperating Teachers, Host Teachers, and Site Supervisors), including planning periods.(2) The remaining clinical teaching hours may be accrued through additional instructional hours during the school day, Texas Essential Knowledge and Skills-based extracurricular activities that directly relate to the grade-level and subject area of the certification sought, and professional development hours that occur within the assignment start and end date. The candidate must be under the supervision of a certified educator for the remaining required hours of clinical teaching.(3) The minimum required clinical teaching hours may be reduced to no less than 455 hours if the candidate is absent from the clinical teaching assignment due to a documented instance of parental leave, military leave, medical, or bereavement.(c) For certification in more than one subject area that cannot be taught concurrently during the same period of the school day as the primary teaching assignment, at least 70 hours of the clinical teaching requirement in subsection (b)(2) of this section must be completed in each additional subject area if and only if:(1) the educator preparation program (EPP) is approved to offer preparation in the certification category required for the additional assignment;(2) the EPP provides ongoing support for each assignment as prescribed in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences);(3) the EPP provides coursework and training for each assignment to adequately prepare the candidate to be effective in the classroom; and(4) the campus administrator agrees to assign a qualified cooperating teacher appropriate to each assignment.(d) The EPP must structure the clinical teaching assignment so that the candidate is provided opportunities for co-teaching and increased instructional responsibility over the course of the clinical teaching assignment and as the candidate demonstrates mastery of educator standards. (e) Clinical teaching is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor and cooperating teacher recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or cooperating teacher do not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or cooperating teacher. (f) The EPP may require additional hours of clinical teaching if the first experience was not successful. (g) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter for the full term of the initial and any additional clinical teaching, unless, prior to the expiration of that term: (1) a standard certificate is issued to the candidate; (2) the candidate is discharged or is released from the EPP; or (3) the candidate withdraws from the EPP.</content><note type="source"><p>Source Note: The provisions of this §228.67 adopted to be effective September 1, 2024, 49 TexReg 3531; amended to be effective March 11, 2025, 50 TexReg 1813.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.69"><num value="228.69">§228.69</num><heading>Clinical Teaching While Employed as Educational Aide</heading><content>Candidates employed as certified educational aides may satisfy their clinical teaching assignment requirement through their instructional duties. Clinical teaching must meet requirements for clinical teaching as specified in §228.67 of this title (relating to Clinical Teaching) and in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences).</content><note type="source"><p>Source Note: The provisions of this §228.69 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.71"><num value="228.71">§228.71</num><heading>Exceptions to Clinical Teaching Requirement</heading><content>(a) An educator preparation program (EPP) may request an exception to the clinical teaching option described in §228.67 of this title (relating to Clinical Teaching).(b) An EPP must request an exception by September 15 by submitting a form developed by Texas Education (TEA) staff that requires the EPP to specify:(1) an alternate requirement that will adequately prepare the candidate for educator certification and ensure the educator is effective in the classroom;(2) the rationale and support for the alternate clinical teaching option;(3) a full description and methodology of the alternate clinical teaching option;(4) a description of the controls to maintain the delivery of equivalent, quality education; and(5) a description of the ongoing monitoring and evaluation process to ensure that EPP objectives are met.(c) Exception requests will be reviewed by TEA staff, and TEA staff shall recommend to the State Board for Educator Certification (SBEC) whether the exception should be approved.(1) The SBEC may:(A) approve the request;(B) approve the request with conditions;(C) deny approval of the request; or(D) defer action on the request pending receipt of further information.(2) If the SBEC approves the request with conditions, the EPP must meet the conditions specified in the request. If the EPP does not meet the conditions, the approval is revoked.(3) If the SBEC approves the request, the EPP must submit a written report of outcomes resulting from the clinical teaching exception to the TEA by September 15 of each academic year. EPPs who were approved for an exception before September 1, 2022, must submit a report to the TEA by September 1, 2024.(A) TEA staff shall present the report to the SBEC to determine whether to renew the exception for another year.(B) If the EPP does not timely submit the report, the approval is revoked.(4) If the SBEC denies the exception or an approval is revoked, an EPP must wait at least two years from the date of the denial or revocation before submitting a new request.</content><note type="source"><p>Source Note: The provisions of this §228.71 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.73"><num value="228.73">§228.73</num><heading>Internship</heading><content>(a) While participating in an internship, a candidate must hold an intern or probationary certificate that is effective on or before the assignment start date of the internship and is valid for the entire duration of the internship. The educator preparation program (EPP) must verify and document that the candidate's intern or probationary certificate is active prior to the start of the internship assignment. (b) An internship must be for a minimum of one full school year for the classroom teacher assignment or assignments that match the certification category or categories for which the candidate is prepared by the EPP. (c) An EPP may permit an internship of up to 30 school days less than the required minimum for parental leave, military leave, illness, bereavement leave, or if the late hire date is after the first day of the school year. (d) The beginning date of an internship for the purpose of field supervision is the first day of instruction with students in the classroom for the school or district in which the internship takes place. (e) An internship assignment shall not be less than an average of four hours each day in the subject area and grade level of certification sought. The average includes intermissions and recesses but does not include conference and lunch periods. An EPP may permit an additional internship assignment of less than an average of four hours each day only if all of the following are met: (1) the employing school or district notifies the candidate and the EPP in writing that an assignment of less than four hours will be required; (2) the primary assignment is not less than an average of four hours each day in the subject area and grade level of certification sought; (3) the EPP is approved to offer preparation in the certification category required for the additional assignment;(4) the EPP provides ongoing support for each assignment as prescribed in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences); and (5) the EPP provides coursework and training for each assignment to adequately prepare the candidate to be effective in the classroom. (f) An EPP may recommend an additional internship if: (1) the EPP certifies that the first internship was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate, the candidate's field supervisor, and/or the candidate's mentor, and the EPP implements the plan during the additional internship; or (2) the EPP certifies that the first internship was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional internship. (g) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the initial and any additional internship, unless, prior to the expiration of that term:(1) a standard certificate is issued to the candidate during any additional internship under an intern or probationary certificate; (2) the candidate resigns, is non-renewed, or is terminated by the school or district;(3) the candidate is discharged or is released from the EPP;(4) the candidate withdraws from the EPP;(5) the candidate is a late hire and fails to meet the pre-internship requirements within 90 business days of assignment in accordance with §228.55 of this title (relating to Late Hire Candidates); or(6) the internship assignment does not meet the requirements described in this subchapter.(h) If the candidate leaves the internship assignment for any of the reasons identified in subsection (g)(2)-(6) of this section:(1) the EPP, the campus or district personnel, and the candidate must inform each other within one calendar week of the candidate's last day in the assignment; and(2) the TEA must receive the certificate deactivation request with all related documentation from the EPP within two calendar weeks of the candidate's last day of the assignment in a format determined by the TEA.(i) The EPP must communicate the requirements in subsection (h) of this section to candidates and campus or district personnel prior to the assignment start date. (j) An internship is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor and campus supervisor recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or campus supervisor do not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or campus supervisor. (k) An internship for a Trade and Industrial Workforce Training certificate may be at an accredited institution of higher education if the candidate teaches not less than an average of four hours each day, including intermissions and recesses, in a dual credit career and technical instructional setting as defined by Part 1, Chapter 4, Subchapter D, of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).</content><note type="source"><p>Source Note: The provisions of this §228.73 adopted to be effective September 1, 2024, 49 TexReg 3531; amended to be effective March 11, 2025, 50 TexReg 1813.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.75"><num value="228.75">§228.75</num><heading>Clinical Experience for Candidate Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12</heading><content>(a) For a candidate seeking certification as a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12, an educator preparation program (EPP) shall provide a clinical experience of at least 350 clock-hours in a supervised educator assignment in a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for a candidate seeking certification as a TVI.(b) The clinical experience is successful when the field supervisor recommends to the EPP that the TVI certification candidate should be recommended for a TVI supplemental certification.</content><note type="source"><p>Source Note: The provisions of this §228.75 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.77"><num value="228.77">§228.77</num><heading>Clinical Experience for Candidate Seeking Certification as Deafblind (DB) Supplemental: Early Childhood-Grade 12</heading><content>(a) For a candidate seeking certification in the Deafblind (DB) Supplemental: Early Childhood-Grade 12, an educator preparation program (EPP) shall provide a clinical experience of at least 350 clock-hours in a supervised educator assignment in a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for a candidate seeking certification in the Deafblind supplemental.(b) The clinical experience is successful when the field supervisor recommends to the EPP that the Deafblind certification candidate should be recommended for a Deafblind supplemental certification.</content><note type="source"><p>Source Note: The provisions of this §228.77 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.79"><num value="228.79">§228.79</num><heading>Exemptions from Required Clinical Experiences for Classroom Teacher Candidates</heading><content>(a) Under Texas Education Code (TEC), §21.050(c), a candidate who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, is exempt from the requirements of this chapter relating to field-based experience, internship, clinical teaching, or residency.(b) Under TEC, §21.0487(c)(2)(B), a candidate's employment by a school or district as a Junior Reserve Officer Training Corps instructor before the person was enrolled in an educator preparation program (EPP) or while the person is enrolled in an EPP is exempt from any clinical teaching, internship, residency, or field-based experience program requirement.</content><note type="source"><p>Source Note: The provisions of this §228.79 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scE/s228.81"><num value="228.81">§228.81</num><heading>Clinical Experience for Certification Other Than Classroom Teacher</heading><content>(a) During the practicum, the candidate must demonstrate proficiency in each of the educator standards for the certificate class being sought.(b) A practicum may not take place exclusively during a summer recess.(c) An intern or probationary certificate may be issued to a candidate for a certification in a class other than classroom teacher who meets the requirements and conditions, including the subject matter knowledge requirement, prescribed in §230.36 of this title (relating to Intern Certificates) and §230.37 of this title (relating to Probationary Certificates).(d) An educator preparation program (EPP) may require additional hours of a practicum, including a practicum under an intern or probationary certificate if:(1) the EPP certifies that the first practicum was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate, the candidate's field supervisor, and/or the candidate's site supervisor, and the EPP implements the plan during the additional practicum; or(2) the EPP certifies that the first practicum was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional practicum.(e) A practicum is successful when the field supervisor and the site supervisor recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or site supervisor does not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or site supervisor.(f) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the initial and any additional practicum, unless, prior to the expiration of that term:(1) a standard certificate is issued to the candidate;(2) the candidate is discharged or is released from the EPP; or(3) the candidate withdraws from the EPP.</content><note type="source"><p>Source Note: The provisions of this §228.81 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c228/scF"><num value="F">SUBCHAPTER F</num><heading>SUPPORT FOR CANDIDATES DURING REQUIRED CLINICAL EXPERIENCES</heading><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.91"><num value="228.91">§228.91</num><heading>Mentors, Cooperating Teachers, Host Teachers, and Site Supervisors</heading><content>(a) In order to support a new educator and to increase educator retention, an educator preparation program (EPP) and campus or district administrator shall collaboratively assign each candidate a mentor during the candidate's internship, collaboratively assign a cooperating teacher during the candidate's clinical teaching experience, collaboratively assign a host teacher during the candidate's residency, and collaboratively assign a site supervisor during the candidate's practicum.(b) For teacher residencies, the EPP and campus or district administrator shall share responsibility for selection of host teachers, including determining specific selection criteria, development of a scoring rubric, and development of a selection process that involves representatives from the EPP and campus or district administration.(c) For internships and practicums, the mentor or site supervisor must be assigned to the candidate within three weeks of the candidate's assignment start date. The EPP must not allow a candidate to be in an internship or practicum without an assigned mentor or site supervisor for longer than three weeks.(d) If an individual who meets the certification category and/or experience criteria for a cooperating teacher, mentor, host teacher, or site supervisor is not available, the EPP and campus or district administrator shall collaborate to ensure an individual who most closely meets the criteria is assigned to the candidate, and the EPP must document the reason for selecting an individual that does not meet the criteria.(e) The EPP is responsible for providing mentor, cooperating teacher, host teacher, and/or site supervisor training that relies on scientifically based research, but the program may allow the training to be provided by a school, district, or regional education service center if properly documented in accordance with the evidence requirements of Figure: 19 TAC §228.13(f).</content><note type="source"><p>Source Note: The provisions of this §228.91 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.93"><num value="228.93">§228.93</num><heading>Cooperating Teacher Qualifications and Responsibilities</heading><content>(a) Required qualifications of a cooperating teacher:(1) at least three creditable years of teaching experience, as defined in Chapter 153, Subchapter CC, of Part II of this title (relating to Commissioner's Rules on Creditable Years of Teaching Experience);(2) an accomplished educator as shown by student learning;(3) trained by the educator preparation program, including training in co-teaching strategies and in how to coach and mentor teacher candidates, during the twelve weeks before or three weeks after being assigned to the clinical teacher;(4) not assigned to the candidate as a mentor, field supervisor, or site supervisor; and(5) valid certification in the certification category for the clinical teaching assignment for which the clinical teacher candidate is seeking certification.(b) Duties of a cooperating teacher:(1) guide, assist, and support the candidate during the candidate's clinical teaching in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and(2) report the candidate's progress to the candidate's field supervisor.</content><note type="source"><p>Source Note: The provisions of this §228.93 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.95"><num value="228.95">§228.95</num><heading>Host Teacher Qualifications and Responsibilities</heading><content>(a) Required qualifications of a host teacher:(1) at least three creditable years of teaching experience, as defined in Chapter 153, Subchapter CC, of Part II of this title (relating to Commissioner's Rules on Creditable Years of Teaching Experience);(2) an accomplished educator, as determined by the educator preparation program (EPP) in partnership with the district or campus administration, and shown by:(A) at least three years of proficient or above proficient ratings on teacher evaluations;(B) demonstrated evidence of positive impact on student learning as determined by a set of student growth and/or achievement data agreed upon by the partnership; and(C) other dispositional criteria prioritized by the residency partnership;(3) trained by the EPP, including training in co-teaching strategies and how to coach and mentor teacher candidates, at least twice per school year, including before or within the three weeks after being assigned as a host teacher;(4) not assigned to the candidate as a field supervisor; and(5) valid certification in the certification category for the residency assignment for which the residency candidate is seeking certification.(b) Duties of a host teacher:(1) co-teach with the residency candidate, gradually releasing instructional responsibility and lead instruction time to the candidate as specified in §228.65(b)(2) of this title (relating to Residency);(2) guide, assist, give feedback to, and support the candidate during the candidate's residency in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and(3) report the candidate's progress to the candidate's field supervisor at least monthly.</content><note type="source"><p>Source Note: The provisions of this §228.95 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.97"><num value="228.97">§228.97</num><heading>Mentor Qualifications and Responsibilities</heading><content>(a) Required qualifications of a mentor:(1) at least three creditable years of teaching experience, as defined in Chapter 153, Subchapter CC, of Part II of this title (relating to Commissioner's Rules on Creditable Years of Teaching Experience);(2) accomplishment as an educator as shown by student learning;(3) not assigned to the candidate as a cooperating teacher, field supervisor, or site supervisor;(4) trained as a mentor by the educator preparation program (EPP) or the campus or district, including training in how to coach and mentor teacher candidates, during the twelve weeks before or three weeks after the candidate's assignment start date; and(5) valid certification in the certification category in which the internship candidate is seeking certification.(b) Duties of a mentor:(1) guide, assist, and support the candidate throughout the entirety of the internship in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and(2) report the candidate's progress to the candidate's field supervisor.</content><note type="source"><p>Source Note: The provisions of this §228.97 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.99"><num value="228.99">§228.99</num><heading>Site Supervisor Qualifications and Responsibilities</heading><content>(a) Required qualifications of a site supervisor:(1) at least three creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), in the aspect(s) of the certification class being pursued by the candidate;(2) valid certification in the certification class in which the practicum candidate is seeking certification;(3) trained by the educator preparation program (EPP), including training in how to coach and mentor candidates, during the twelve weeks before or three weeks after the start of the candidate's practicum;(4) not serving as a field supervisor for a candidate completing a practicum, clinical teaching, or internship; and(5) accomplishment as an educator as shown by student learning.(b) Duties of a site supervisor:(1) guide, assist, and support the candidate during the practicum; and(2) report the candidate's progress to the candidate's field supervisor.</content><note type="source"><p>Source Note: The provisions of this §228.99 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.101"><num value="228.101">§228.101</num><heading>Field Supervisor Qualifications and Responsibilities</heading><content>(a) Required qualifications of a field supervisor:(1) accomplishment as an educator as shown by student learning; and(2) not employed by the same school where the candidate being supervised is completing his or her clinical teaching, internship, or practicum; and(3) trained by the educator preparation program (EPP) as a field supervisor; and(4) for a supervisor of residency candidates, trained annually by the EPP in coaching and co-teaching strategies and candidate evaluation and participation in school and/or district trainings, as determined by the district partner; and(5) has completed Texas Education Agency (TEA)-approved training as required in subsection (b)(1) of this section or, for field supervisors supporting teacher candidates, is a currently certified Texas Teacher Evaluation and Support System (T-TESS) appraiser; and(6) not assigned to the candidate as a mentor, cooperating teacher, or site supervisor; and(7) three years of creditable experience, as defined by Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), in the class in which supervision is provided, including:(A) for a supervisor of classroom teacher and reading specialist candidates, experience as a campus-level administrator and a current certificate that is appropriate for a principal assignment may also supervise teacher and reading specialist candidates; and(B) for a supervisor of principal candidates, experience as a district-level administrator and a current certificate that is appropriate for a superintendent assignment may also supervise principal candidates; and either(8) valid certification in the class in which supervision is provided; or(9) at least a master's degree in the academic area or field related to the certification class for which supervision is being provided, and in compliance with the same number, content, and type of continuing professional education requirements described in §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours) and §232.15 of this title (relating to Types of Acceptable Continuing Professional Education Activities) for the certification class for which supervision is being provided.(b) Duties of a field supervisor:(1) Supervision of each candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who has been trained annually as a field supervisor by the EPP and completed TEA-approved field supervisor training at least every three years. Field supervisors who have completed TEA-approved training must renew that training by September 1, 2026, and then renew the training at least one time per each three-year period thereafter. Field supervisors who support teacher candidates and who maintain valid T-TESS certification are not required to renew TEA-approved field supervisor training.(2) The field supervisor must contact the assigned candidate within the first three weeks after the assignment start date for a candidate seeking certification as a classroom teacher and within the first quarter of the assignment for a candidate seeking certification in a class other than classroom teacher. The field supervisor must contact a candidate who is a late hire as defined in §228.2 of this title (relating to Definitions) within the first week after the candidate's assignment start date. Contact may be made by telephone, email, or other electronic communication.(3) The field supervisor shall verify the candidate's internship placement within the first three weeks of the candidate's internship assignment and shall notify the EPP if the internship placement does not meet the requirements of this chapter, including assignment of a qualified mentor.(4) Field supervisors shall conduct observations of candidates as described in §§228.103 of this title (relating to Formal Observations for Candidates in Residency Assignments), 228.105 of this title (relating to Formal Observations for All Candidates for Initial Classroom Teacher Certification), 228.107 of this title (relating to Formal Observations for Candidates in Clinical Teaching Assignments), 228.109 of this title (relating to Formal Observations for Candidates in Internship Assignments), 228.111 of this title (relating to Formal Observations for Candidates Employed as Educational Aides), 228.113 of this title (relating to Support and Formal Observations for Candidates Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12), 228.115 of this title (relating to Support and Formal Observations for Candidates Seeking Deafblind Supplemental: Early Childhood-Grade 12), and 228.117 of this title (relating to Support and Formal Observations for Candidates Other Than Classroom Teacher).(5) With the exception of candidates who are late hires as defined in §228.2 of this title, field supervisors of candidates in clinical teaching, internship, and practicum assignments shall provide informal observations and ongoing coaching as appropriate and needed and, at a minimum, include the following:(A) at least three informal observations that are 15 minutes or more in duration per semester of the internship, clinical teaching, or practicum assignment;(B) the first informal observation must occur within the first six weeks of the clinical teaching or internship assignment and must be in-person. Additional informal observations may be conducted virtually, either synchronous or asynchronous;(C) informal observations of practicum candidates may be virtual, either synchronous or asynchronous;(D) are informed by written feedback provided during post-observation conferences; and(E) include observation and feedback on targeted skills.(6) Field supervisors must provide to a candidate who is a late hire as defined in §228.2 of this title informal observations as required in subsection (b)(5) of this section. Two of the required informal observations must be provided within the first eight weeks of the candidate's assignment start date and both informal observations must be in-person.(7) Field supervisors of candidates in residency assignments shall provide informal observations and ongoing coaching that, at a minimum, include the following:(A) at least four in person informal observations that are 15 minutes or more in duration per semester, totaling at least eight observations over the course of the year-long teacher residency placement. The first informal must occur within the first four weeks of the residency placement;(B) are informed by written feedback provided during post-observation conferences; and(C) provide observation and feedback on targeted skills, with opportunity to follow up on the candidate's development in the targeted skill.(8) For candidates participating in an internship, the field supervisor shall provide a copy of all written feedback to the candidate's supervising campus administrator and assigned mentor. For candidates participating in a residency, the field supervisor shall provide a copy of all written feedback to the candidate's host teacher and campus supervisor.(9) In a clinical teaching experience, the field supervisor shall collaborate with the candidate and cooperating teacher throughout the clinical teaching experience and request and document feedback about the candidate from the candidate's cooperating teacher at least three times throughout the clinical teaching experience.(10) For a residency, the field supervisor shall collaborate with the candidate, campus supervisor, and the host teacher throughout the residency, including regular meetings and/or collaborative supports at least three times each semester with the campus supervisor and twice monthly with the host teacher. Meetings may be held virtually, and collaborative supports may include but are not limited to co-observation of candidates, co-coaching of candidates, and calibration for inter-rater reliability.(11) For an internship, the field supervisor shall collaborate with the candidate and campus supervisor, or their designee, at least twice per semester. Collaboration may include but is not limited to co-observations (formal and informal), post-observation collaborative coaching, collaborative goal setting, or the provision of actionable feedback related to collaboratively established goals.(12) For non-teacher candidates in a practicum, the field supervisor shall collaborate with the candidate and site supervisor throughout the practicum experience.</content><note type="source"><p>Source Note: The provisions of this §228.101 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.103"><num value="228.103">§228.103</num><heading>Formal Observations for Candidates in Residency Assignments</heading><content>(a) An educator preparation program (EPP) must provide the first formal observation within the first six weeks of all residency assignments.(b) For a residency described in §228.65 of this title (relating to Residency):(1) an EPP must provide a minimum of two formal observations of 45 minutes each during the first semester of the residency and a minimum of two formal observations of 45 minutes each during the second semester of the residency. All formal observations must include a pre-observation and post-observation conference with the candidate; and(2) all of the minimum formal observations must be in-person.</content><note type="source"><p>Source Note: The provisions of this §228.103 adopted to be effective September 1, 2024, 49 TexReg 3531; amended to be effective March 11, 2025, 50 TexReg 1813.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.105"><num value="228.105">§228.105</num><heading>Formal Observations for All Candidates for Initial Classroom Teacher Certification</heading><content>(a) Educator preparation programs shall ensure that the field supervisor conducts formal observations of the candidates completing a clinical experience.(b) Each formal in-person observation must be at least 45 minutes in duration, must be conducted by the field supervisor, and must be on the candidate's site in a face-to-face setting.(c) Each formal virtual observation must be:(1) at least 45 minutes in length;(2) conducted by the field supervisor;(3) followed by a post-observation conference within 72 hours of the educational activity; and(4) conducted through use of an unedited electronic transmission, video, or technology-based method.(d) For each formal observation, whether in-person or virtual, the field supervisor shall:(1) participate in an individualized pre-observation conference with the candidate;(2) document educational practices observed;(3) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate; and(4) provide a copy of the written feedback to the candidate's cooperating teacher or mentor.(e) Neither the pre-observation conference nor the post-observation conference needs to be onsite.</content><note type="source"><p>Source Note: The provisions of this §228.105 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.107"><num value="228.107">§228.107</num><heading>Formal Observations for Candidates in Clinical Teaching Assignments</heading><content>(a) An educator preparation program (EPP) must provide the first formal observation within the first third of all clinical teaching assignments.(b) For a clinical teaching assignment, an EPP must provide a minimum of two formal observations during the first half of the assignment and a minimum of two formal observations during the second half of the assignment.(c) For an all-level clinical teaching assignment in more than one location or in an assignment that involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day, a minimum of two formal observations must be provided during the first half of each assignment and a minimum of one formal observation must be provided during the second half of each assignment.(d) For a clinical teaching assignment:(1) at least two of the minimum formal observations must be in-person for each assignment; and(2) if an EPP chooses to provide formal virtual observations, it must provide at least two formal virtual observations in addition to the two minimum formal in-person observations for each assignment.</content><note type="source"><p>Source Note: The provisions of this §228.107 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.109"><num value="228.109">§228.109</num><heading>Formal Observations for Candidates in Internship Assignments</heading><content>(a) An educator preparation program (EPP) must provide the first formal observation within the first four weeks of all internship assignments. The first formal observation must be conducted in-person.(b) For an internship under an intern certificate or an additional internship described in §228.73 of this title (relating to Internship):(1) an EPP must provide a minimum of three formal observations during the first half of the internship and a minimum of two formal observations during the last half of the internship; and(2) at least three of the minimum formal observations must be in-person.(c) For a first-year internship under a probationary certificate or an additional internship described in §228.73 of this title:(1) an EPP must provide a minimum of three formal observations during the first half of the assignment, and a minimum of two formal observations during the second half of the assignment; and(2) at least two of the minimum formal observations must be in-person.(d) If an internship under an intern certificate or an additional internship described in §228.73 of this title involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day:(1) an EPP must provide a minimum of three observations in each assignment;(2) for each assignment, the EPP must provide at least two formal observations during the first half of the internship and one formal observation during the second half of the internship;(3) at least two of the minimum formal observations must be in-person for each assignment; and(4) if an EPP chooses to provide formal virtual observations, it must provide at least two formal virtual observations in addition to the two minimum formal in-person observations for each assignment.(e) For a first-year internship under a probationary certificate or an additional internship described in §228.73 of this title that involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day:(1) an EPP must provide a minimum of three observations in each assignment;(2) for each assignment, the EPP must provide at least two formal observations during the first half of the internship and one formal observation during the second half of the internship;(3) at least two of the minimum formal observations must be in-person for each assignment; and(4) if an EPP chooses to provide formal virtual observations, it must provide at least two formal virtual observations in addition to the two minimum formal in-person observations for each assignment.</content><note type="source"><p>Source Note: The provisions of this §228.109 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.111"><num value="228.111">§228.111</num><heading>Formal Observations for Candidates Employed as Educational Aides</heading><content>For candidates employed as certified educational aides completing clinical teaching, an educator preparation program must provide a minimum of two formal observations during the first half of the assignment and a minimum of two formal observations during the second half of the assignment.</content><note type="source"><p>Source Note: The provisions of this §228.111 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.113"><num value="228.113">§228.113</num><heading>Support and Formal Observations for Candidates Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12</heading><content>(a) For a candidate seeking a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate, an educator preparation program (EPP) must provide guidance, assistance, and support by assigning a cooperating teacher and/or providing individual or group consultation. The EPP is responsible for providing training to cooperating teachers and/or consultation providers.(b) An EPP shall collaborate with the program coordinator for the Texas School for the Blind and Visually Impaired Statewide Mentor Program to assign a TVI mentor for the TVI certification candidate. The Texas School for the Blind and Visually Impaired Statewide Mentor Program is responsible for providing training for all TVI mentors.(c) Supervision of each TVI candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who is qualified and has been trained as a field supervisor in accordance with §228.101 of this title (relating to Field Supervisor Qualifications and Responsibilities).(1) Formal observations of TVI candidates must be at least 135 minutes in duration in total throughout the clinical experience and must be conducted by the field supervisor.(2) An EPP must provide a minimum of one formal observation within the first third of the clinical experience, one formal observation within the second third of the clinical experience, and one formal observation within the final third of the clinical experience.(3) For each observation, the field supervisor shall:(A) conduct an individualized pre-observation conference with the candidate before each observation;(B) document educational practices observed during each observation; and(C) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate following each observation.(4) The field supervisor may provide formal observations, pre-observation conferences, and post-observation conferences either in a face-to-face setting or by the use of electronic transmission or other video or technology-based methods.</content><note type="source"><p>Source Note: The provisions of this §228.113 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.115"><num value="228.115">§228.115</num><heading>Support and Formal Observations for Candidates Seeking Deafblind Supplemental: Early Childhood-Grade 12 Certification</heading><content>(a) For a candidate seeking a Deafblind Supplemental: Early Childhood-Grade 12 certificate, an educator preparation program (EPP) must provide guidance, assistance, and support by assigning a cooperating teacher and/or providing individual or group consultation. The EPP is responsible for providing training to cooperating teachers and/or consultation providers.(b) An EPP shall collaborate with the Texas School for the Blind and Visually Impaired to assign a mentor for the candidate. The Texas School for the Blind and Visually Impaired is responsible for providing training for all mentors.(c) Supervision of each candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who is qualified and has been trained as a field supervisor in accordance with §228.101 of this title (relating to Field Supervisor Qualifications and Responsibilities).(1) Formal observations of candidates must be at least 135 minutes in duration in total throughout the clinical experience and must be conducted by the field supervisor.(2) An EPP must provide a minimum of one formal observation within the first third of the clinical experience, one formal observation within the second third of the clinical experience, and one formal observation within the final third of the clinical experience.(3) The field supervisor shall:(A) conduct an individualized pre-observation conference with the candidate before each observation;(B) document educational practices observed during each observation; and(C) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate following each observation.(4) The field supervisor may provide formal observations, pre-observation conferences, and post-observation conferences either in a face-to-face setting or by the use of electronic transmission or other video or technology-based methods.</content><note type="source"><p>Source Note: The provisions of this §228.115 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scF/s228.117"><num value="228.117">§228.117</num><heading>Support and Formal Observations for Candidates Other Than Classroom Teacher</heading><content>(a) Supervision of each candidate seeking certification in a class other than classroom teacher shall be conducted with the structured guidance and regular ongoing support of an experienced educator who is qualified and has been trained as a field supervisor in accordance with §228.101 of this title (relating to Field Supervisor Qualifications and Responsibilities).(b) For candidates in a practicum:(1) An educator preparation program (EPP) must provide a minimum of one formal observation within the first third of the practicum, one formal observation within the second third of the practicum, and one formal observation within the final third of the practicum.(2) The three required formal observations must be at least 135 minutes in duration in total throughout the practicum and must be conducted by the field supervisor.(3) For each formal observation, the field supervisor shall:(A) participate in an individualized pre-observation conference with the candidate;(B) document educational practices observed during the observation;(C) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate; and(D) provide a copy of the written feedback to the candidate's site supervisor.(4) The field supervisor may conduct the formal observations, pre-observation conferences, and post-observation conferences either in-person or virtually.</content><note type="source"><p>Source Note: The provisions of this §228.117 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c228/scG"><num value="G">SUBCHAPTER G</num><heading>COMPLAINTS AND INVESTIGATIONS</heading><section identifier="/us/state/tx/tac/t19/p7/c228/scG/s228.121"><num value="228.121">§228.121</num><heading>Complaints and Investigations Procedures</heading><content>(a) Purpose. An applicant for candidacy in an educator preparation program (EPP), an employee or former employee of an EPP, a cooperating teacher, a host teacher, a mentor, a site supervisor, or an administrator in a public or private school that serves as a site for clinical teaching, residency, internship, or practicum experiences may submit a complaint about an EPP for investigation and resolution.(b) Complaint form. Texas Education Agency (TEA) staff shall develop a complaint form to standardize information received from an individual making a complaint against an EPP. The complaint form shall be available on the TEA website. All complaints filed against an EPP must be in writing on the complaint form. The written complaint must clearly state the facts that are the subject of the complaint and must state the measures the complainant has taken to attempt resolution of the complaint with the EPP. Anonymous complaints may not be investigated.(c) Processing the complaint.(1) TEA staff shall record all complaints in the TEA complaints tracking system. Each complaint, no matter the severity, shall be assigned a tracking number.(2) The complaint shall be forwarded to the division responsible for educator preparation for further action, including assessing the complaint, providing a severity status and prioritizing the complaint accordingly, and determining jurisdiction.(3) If TEA staff determines that the complaint is not within the State Board for Educator Certification's (SBEC's) jurisdiction, TEA staff shall notify the complainant that the complaint will be closed without action for lack of jurisdiction. TEA staff and the SBEC do not have jurisdiction over complaints related to contractual arrangements with an EPP, commercial issues, obtaining a higher grade or credit for training, or seeking reinstatement to an EPP.(4) If TEA staff determines the complainant knew or should have known about the events giving rise to a complaint more than two years before the earliest date the complainant filed a complaint with either TEA staff or the EPP, TEA staff may close the complainant without action.(5) If a complainant has not exhausted all applicable complaint and appeal procedures that the EPP has established to address complaints, TEA staff may delay initiating an investigation until the EPP's complaint and appeal process is complete.(d) Investigating the complaint.(1) If TEA staff determines a complaint is within the SBEC's jurisdiction, TEA staff shall notify the respondent EPP that a complaint has been made, provide a summary of the allegations in the complaint, and request that the EPP respond to the complaint.(2) TEA staff may request additional information from the individual and from the EPP.(3) An EPP shall:(A) cooperate fully with any SBEC investigation; and(B) respond within 10 business days of receipt to requests for information regarding the complaint(s) and other requests for information from the TEA, except where:(i) TEA staff imposes a different response date; or(ii) the EPP is unable to meet the initial response date and requests and receives a different response date from TEA staff.(C) If an EPP fails to comply with this paragraph, the SBEC may amend the complaint to reflect the violation and may deem admitted the violation of SBEC rules and/or Texas Education Code (TEC), Chapter 21, alleged in the original complaint.(4) Resolving the complaint.(A) Upon completion of an investigation, TEA staff shall notify both the individual and the EPP in writing of the findings of the investigation. If TEA staff finds that a violation occurred, the notice shall specify the statute and/or rule that was alleged to have been violated.(B) Each party shall have 10 business days to present additional evidence or to dispute the findings of the investigation.(C) After reviewing any additional evidence, if TEA staff finds that no violation has occurred, TEA staff shall close the investigation and notify both parties in writing.(D) After reviewing any additional evidence, if TEA staff finds that the EPP has violated SBEC rules and/or TEC, Chapter 21, the following provisions apply.(i) TEA staff shall notify the EPP in writing and specify for each violation the seriousness and extent of the violation, including whether the EPP has been found to have violated that statute and/or rule previously.(ii) Within 10 business days of TEA staff notifying the EPP in writing that a violation has occurred, the EPP and TEA staff shall agree to a timely resolution of each violation. If the parties cannot agree on a resolution within 10 business days, TEA staff shall unilaterally propose a resolution and timeline.(iii) If the EPP complies with the agreed or proposed resolution, the investigation is closed and the results recorded in accordance with subparagraph (E) of this paragraph. TEA staff shall provide the EPP written notice that the investigation is closed.(iv) If the EPP does not comply with the agreed or proposed resolution within the timelines set out in the resolution, TEA staff shall make a recommendation that the SBEC impose sanctions affecting the EPP's accreditation status in accordance with §229.5 of this title (relating to Accreditation Sanctions and Procedures) and/or continuing approval status in accordance with §229.6 of this title (relating to Continuing Approval). The SBEC's decision shall be recorded in accordance with subparagraph (E) of this paragraph.(v) The EPP shall be entitled to an informal review of the proposed recommendation for sanctions under the conditions and procedures set out in §229.7 of this title (relating to Informal Review of Texas Education Agency Recommendations).(E) The final disposition of the complaint shall be recorded in the TEA complaints tracking system.</content><note type="source"><p>Source Note: The provisions of this §228.121 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c228/scG/s228.123"><num value="228.123">§228.123</num><heading>Educator Preparation Program Responsibilities for Candidate Complaints</heading><content>(a) The educator preparation program (EPP) shall adopt and send to Texas Education Agency (TEA) staff, for inclusion in the EPP's records, a complaint procedure that requires the EPP to timely attempt to resolve complaints at the EPP level before a complaint is filed with TEA staff.(b) The EPP shall post on its website a link to the TEA complaints website and information regarding how to file a complaint under the EPP's complaint policy.(c) The EPP shall post a notification at all of its physical site(s) used by employees and candidates, in a conspicuous location, information regarding filing a complaint with TEA staff in accordance with §228.121(b) of this title (relating to Complaints and Investigations Procedures).(d) Upon request of an individual, the EPP shall provide information in writing regarding filing a complaint under the EPP's complaint policy and the procedures to submit a complaint to TEA staff in accordance with §228.121(b) of this title.</content><note type="source"><p>Source Note: The provisions of this §228.123 adopted to be effective September 1, 2024, 49 TexReg 3531.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c229"><num value="229">CHAPTER 229</num><heading>ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c229/scA"><num value="A">SUBCHAPTER A</num><heading>ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAM PROCEDURES</heading><section identifier="/us/state/tx/tac/t19/p7/c229/scA/s229.1"><num value="229.1">§229.1</num><heading>General Provisions and Purpose of Accountability System for Educator Preparation Programs</heading><content>(a) The State Board for Educator Certification (SBEC) is responsible for establishing standards to govern the continuing accountability of all educator preparation programs (EPPs). The rules adopted by the SBEC in this chapter govern the accreditation of each EPP that prepares individuals for educator certification. No candidate shall be recommended for any Texas educator certification class or category except by an EPP that has been approved by the SBEC pursuant to Chapter 228 of this title (relating to Requirements for Educator Preparation Programs) and is accredited as required by this chapter.(b) The purpose of the accountability system for educator preparation is to assure that each EPP is held accountable for the readiness for certification of candidates completing the programs.(c) The relevant criteria, formulas, calculations, and performance standards relevant to subsection (d) of this section and §229.4 of this title (relating to Determination of Accreditation Status) are prescribed in the Texas Accountability System for Educator Preparation (ASEP) Manual provided as a figure in this subsection.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §229.1 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective December 22, 2019, 44 TexReg 7689; amended to be effective December 27, 2020, 45 TexReg 9180; amended to be effective December 26, 2021, 46 TexReg 8721; amended to be effective December 29, 2022, 47 TexReg 8662; amended to be effective January 8, 2024, 49 TexReg 39; amended to be effective January 7, 2025, 50 TexReg 146; amended to be effective January 5, 2026, 51 TexReg 127.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c229/scA/s229.2"><num value="229.2">§229.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic year--If not referring to the academic year of a particular public, private, or charter school or institution of higher education, September 1 through August 31.(2) Administrator--For purposes of the surveys and information required by this chapter, an educator whose certification would entitle him or her to be assigned as a principal or assistant principal in Texas, whether or not he or she is currently working in such an assignment.(3) Beginning teacher--For purposes of the Texas Education Code, §21.045(a)(3), and its implementation in this chapter, a classroom teacher with fewer than three years of experience as a certified classroom teacher.(4) Candidate--An individual who has been formally or contingently admitted into an educator preparation program (EPP) who has not yet completed or exited the EPP.(5) Certification category--A certificate type within a certification class, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).(6) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics; may contain one or more certification categories, as described in Chapter 233 of this title.(7) Clinical experience--An assignment, as described in §228.2 of this title (relating to Definitions).(8) Clinical teaching--An assignment, as described in §228.2 of this title (relating to Definitions).(9) Completer--A person who has met all the requirements of an approved educator preparation program. In applying this definition, the fact that a person has or has not been recommended for a standard certificate or passed a certification examination shall not be used as criteria for determining who is a completer.(10) Consecutively measured years--Consecutive years for which a group's performance is measured, excluding years in which the small group exception applies, in accordance with §229.4(c) of this title (relating to Determination of Accreditation Status).(11) Content Pedagogy Test--Examination listed in the column labeled "Required Content Pedagogy Test(s)" in Figure: 19 TAC §230.21(e). (12) Cooperating teacher--An individual, as described in §228.2 of this title (relating to Definitions), who supports a candidate during a candidate's clinical teaching experience.(13) Demographic group--Male and female, as to gender; and African American, Hispanic, White, and Other, as to race and ethnicity. (14) Educator preparation program--An entity approved by the State Board for Educator Certification to recommend candidates in one or more educator certification classes or categories.(15) Educator preparation program data--Data reported to meet requirements under the Texas Education Code, §21.045(b) and §21.0452.(16) Examination--An examination or other test required by statute, or any other State Board for Educator Certification rule codified in the Texas Administrative Code, Title 19, Part 7, that governs an individual's admission to an educator preparation program, certification as an educator, continuation as an educator, or advancement as an educator.(17) Field supervisor--An individual, as described in §228.2 of this title (relating to Definitions), who is hired by an educator preparation program to observe candidates, monitor their performance, and provide constructive feedback to improve their effectiveness as educators.(18) First-year teacher--For purposes of the Texas Education Code, §21.045(a)(2), and its implementation in this chapter, an individual in his or her first year of employment as a classroom teacher.(19) Internship--An assignment, as described in §228.2 of this title (relating to Definitions).(20) Mentor--An individual, as described in §228.2 of this title (relating to Definitions), who supports a candidate during a candidate's internship experience.(21) Pedagogy Test--Examination listed in the column labeled "Pedagogical Requirement(s)" in Figure: 19 TAC §230.21(e).(22) Practicum--An assignment, as described in §228.2 of this title (relating to Definitions).(23) Reporting Year--September 1 through August 31.(24) Residency--A supervised educator assignment, as described in §228.2 of this title (relating to Definitions).(25) Site supervisor--An individual, as described in §228.2 of this title (relating to Definitions), who supports a candidate during a candidate's practicum experience.(26) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's administrative functions and services.</content><note type="source"><p>Source Note: The provisions of this §229.2 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective December 22, 2019, 44 TexReg 7689; amended to be effective December 29, 2022, 47 TexReg 8662; amended to be effective January 7, 2025, 50 TexReg 146; amended to be effective January 5, 2026, 51 TexReg 127.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c229/scA/s229.3"><num value="229.3">§229.3</num><heading>Required Submissions of Information, Surveys, and Other Data</heading><content>(a) Educator preparation programs (EPPs), EPP candidates, first-year teachers, beginning teachers, field supervisors, administrators, mentors, site supervisors, and cooperating teachers shall provide to the Texas Education Agency (TEA) staff all data and information required by this chapter, as set forth in subsections (e) and (f) of this section.(b) Any individual holding a Texas-issued educator certificate who fails to provide information required by this chapter and the Texas Education Code (TEC), §21.045 and §21.0452, as set forth in subsection (e) of this section, may be subject to sanction of his or her certificate, including the placement of restrictions, inscribed or non-inscribed reprimand, suspension, or revocation.(c) Any Texas public school that fails to provide information required by this chapter and the TEC, §21.045 and §21.0452, as set forth in subsection (e) of this section, may be referred to the commissioner of education with a recommendation that sanctions upon its accreditation status be imposed for failure to comply with this section and the TEC, §21.0452.(d) Any open-enrollment charter school that fails to provide information required by this chapter and the TEC, §21.045 and §21.0452, as set forth in subsection (e) of this section, may be referred to the commissioner of education with a recommendation that sanctions be imposed for failure to comply with this section and the TEC, §21.0452.(e) All required EPP data for an academic year shall be submitted to the TEA staff annually by September 15 following the end of that academic year. All surveys and information required to be submitted pursuant to this chapter by principals shall be submitted by June 15 of any academic year in which an administrator has had experience with a first-year teacher who was a candidate or completer at an EPP. All surveys and information required to be submitted pursuant to this chapter by first-year teachers shall be submitted by June 15 of the first full academic year after the teacher completed the requirements of an EPP. All surveys and information required to be submitted pursuant to this chapter by EPP candidates shall be submitted by August 31 of the academic year in which the candidate completed the requirements of an EPP.(f) The following apply to data submissions required by this chapter.(1) EPPs shall provide data for all candidates as specified in the figure provided in this paragraph.Attached Graphic(2) Candidates in an EPP shall complete a survey, in a form approved by the State Board for Educator Certification (SBEC), evaluating the preparation he or she received in the EPP. Completion and submission to the TEA of the survey is a requirement for completion of an EPP.(3) Administrators in Texas public schools and open-enrollment charter schools shall complete surveys, in a form to be approved by the SBEC, evaluating the effectiveness of preparation for classroom success based on experience with first-year teachers who were candidates or completers in an EPP.(4) First-year teachers in a Texas public school, including an open-enrollment charter school, shall complete surveys, in a form to be approved by the SBEC, evaluating the effectiveness of preparation for classroom success.</content><note type="source"><p>Source Note: The provisions of this §229.3 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective December 22, 2019, 44 TexReg 7689; amended to be effective December 29, 2022, 47 TexReg 8662; amended to be effective January 8, 2024, 49 TexReg 39; amended to be effective January 7, 2025, 50 TexReg 146</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c229/scB"><num value="B">SUBCHAPTER B</num><heading>ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION ACCREDITATION STATUSES</heading><section identifier="/us/state/tx/tac/t19/p7/c229/scB/s229.4"><num value="229.4">§229.4</num><heading>Determination of Accreditation Status</heading><content>(a) Accountability performance indicators. The State Board for Educator Certification (SBEC) shall determine the accreditation status of an educator preparation program (EPP) at least annually, based on the following accountability performance indicators, disaggregated by demographic group and other requirements of this chapter and determined with the formulas and calculations included in the figure provided in §229.1(c) of this title (relating to General Provisions and Purpose of Accountability System for Educator Preparation Programs). Data will be used only if the following indicators were included in the accountability system for that academic year. Except for the 2019-2020 and 2020-2021 academic years, when the data described in paragraphs (1)-(5) of this subsection will be reported to EPPs and will not be used to determine accreditation statuses, EPP accreditation statuses shall be based on:(1) the EPP candidates' performance on pedagogy tests and content pedagogy tests. The EPP candidates' performance on pedagogy tests and content pedagogy tests shall provide separate accountability performance indicators for EPPs;(A) For both pedagogy tests and content pedagogy tests, the performance standard shall be the percent of individuals admitted after December 26, 2016, who passed an examination within the first two attempts, including those examinations attempted after the individual has completed the EPP or when the EPP has not recommended the individual for a standard certificate. The pass rate is based solely on the examinations approved by the EPP. Examinations taken before admission to the EPP or specific examinations taken for pilot purposes are not included in the pass rate.(B) For pedagogy tests, the performance standard shall be a pass rate of 85%.(C) For content pedagogy tests, the performance standard shall be a pass rate of 75%.(2) the results of appraisals of first-year teachers by administrators, based on a survey in a form to be approved by the SBEC. The performance standard shall be 70% of first-year teachers from the EPP who are appraised as "sufficiently prepared" or "well prepared";(3) the growth of students taught by beginning teachers as indicated by the STAAR Annual Growth Points, determined at the student level as described in Figure: 19 TAC §97.1001(b) of Part II of this title (relating to Accountability Rating System), and aggregated at the teacher level as described in Figure: 19 TAC §229.1(c) of this title. For the 2024-2025 and 2025-2026 academic years, the performance standard shall be 60% of beginning teachers from the EPP reaching the individual performance threshold. For the 2026-2027 academic year, the performance standard shall be 65% of beginning teachers from the EPP reaching the individual performance threshold. Beginning in the 2027-2028 academic year, the performance standard shall be 70% of beginning teachers from the EPP reaching the individual performance threshold;(4) the results of data collections establishing EPP compliance with SBEC requirements regarding the frequency, duration, and quality of field supervision to candidates completing clinical teaching, residency, or an internship. The frequency and duration of field supervision shall provide one accountability performance indicator, and the quality of field supervision shall provide a separate accountability performance indicator;(A) The performance standard as to the frequency, duration, and required documentation of field supervision shall be that the EPP meets the requirements for 95% of the EPP's candidates. EPPs that do not meet the standard of 95% for the aggregated group or for any disaggregated demographic group but have only one candidate not meet the requirement in the aggregated or any disaggregated group has met the standard for that group.(i) For the 2023-2024 and 2024-2025 academic years, individuals will be evaluated against the frequency and duration requirements in Chapter 228 of this title (relating to Requirements for Educator Preparation Programs) that were effective August 31, 2024.(ii) Beginning in the 2025-2026 academic year, individuals will be evaluated against the frequency and duration requirements in Chapter 228, Subchapter F, of this title that were effective beginning September 1, 2024.(B) The performance standard for quality shall be 90% of candidates rating the field supervision as "frequently" or "always or almost always" providing the components of structural guidance and ongoing support; and(5) the results from a teacher satisfaction survey, in a form approved by the SBEC, of first-year teachers administered at the end of the first year of teaching as a teacher of record. The performance standard shall be 70% of teachers responding that they were "sufficiently prepared" or "well prepared" by their EPP.(b) Accreditation status assignment. All approved EPPs may be assigned an accreditation status based on their performance in the Accountability System for Educator Preparation Programs (ASEP) Index system, as described in Figure: 19 TAC §229.1(c) of this title.(1) Accredited status. An EPP shall be assigned an Accredited status if the EPP has met the standard of 85% of the possible points in the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title and has been approved by the SBEC to prepare, train, and recommend candidates for certification.(2) Accredited-Not Rated status.(A) An EPP shall be assigned Accredited-Not Rated status upon initial approval to offer educator preparation, until the EPP can be assigned a status based on the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title. An EPP is fully accredited and may recommend candidates for certification while it is in Accredited-Not Rated status.(B) An EPP shall be assigned Accredited-Not Rated status in any reporting year in which the EPP candidate group, aggregated or disaggregated by demographic group, does not meet the necessary number of individuals needed to measure against performance standards for that year, for all indicators.(i) Any sanction assigned as a result of an Accredited-Warned or Accredited-Probation status in the prior year shall continue unless the SBEC modifies the sanction as deemed necessary based on subsequent performance.(ii) If the EPP is assigned a status of Accredited-Not Rated this shall not break a count of consecutively measured years for the purpose of paragraph (5)(A) of this subsection.(3) Accredited-Warned status.(A) An EPP shall be assigned Accredited-Warned status if the EPP accumulates 80% or greater but less than 85% of the possible points in the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title.(B) An EPP may be assigned Accredited-Warned status if the SBEC determines that the EPP has violated SBEC rules, orders, and/or Texas Education Code (TEC), Chapter 21.(4) Accredited-Probation status.(A) An EPP shall be assigned Accredited-Probation status if the EPP accumulates less than 80% of the possible points in the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title.(B) An EPP may be assigned Accredited-Probation status if the SBEC determines that the EPP has violated SBEC rules, orders, and/or TEC, Chapter 21.(5) Not Accredited-Revoked status.(A) An EPP shall be assigned Not Accredited-Revoked status and its approval to recommend candidates for educator certification revoked if it is assigned Accredited-Probation status for three consecutively measured years.(B) An EPP may be assigned Not Accredited-Revoked status if the EPP has been on Accredited-Probation status for one year, and the SBEC determines that revoking the EPP's approval is reasonably necessary to achieve the purposes of the TEC, §21.045 and §21.0451. (C) An EPP may be assigned Not Accredited-Revoked status if the EPP fails to pay the required ASEP technology fee by the deadline set by TEA as prescribed in §229.9(7) of this title (relating to Fees for Educator Preparation Program Approval and Accountability).(D) An EPP may be assigned Not Accredited-Revoked status if the SBEC determines that the EPP has violated SBEC rules, orders, and/or TEC, Chapter 21.(E) An assignment of Not Accredited-Revoked status and revocation of EPP approval to recommend candidates for educator certification is subject to the requirements of notice, record review, and appeal as described in this chapter.(F) A revocation of an EPP approval shall be effective for a period of two years from the closure date, after which a program may reapply for approval as a new EPP pursuant to Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).(G) Upon revocation of EPP approval, the EPP shall submit a letter as described in §228.21(a)(1) of this title (relating to Program Consolidation or Closure) no later than 14 days after the revocation identifying a closure date. If a letter is not submitted within 14 days after the revocation, the closure date shall be the last day of the current academic year.(H) Upon revocation of EPP approval, the EPP shall adhere to the requirements for program closure contained in §228.21 of this title.(c) Small group exception.(1) For purposes of accreditation status determination, the performance of an EPP candidate group, aggregated or disaggregated by demographic group, shall be measured against performance standards described in this chapter in any one year in which the number of individuals in the group exceeds 10. The small group exception does not apply to compliance with the frequency and duration of field supervisor observations.(2) For an EPP candidate group, aggregated or disaggregated by demographic group, where the group contains 10 or fewer individuals, the group's performance shall not be counted for purposes of accreditation status determination for that academic year based on only that year's group performance.(3) If the current year's EPP candidate group, aggregated or disaggregated by demographic group, contained between one and 10 individuals, that group performance shall be combined with the group performance from the next most recent prior year subsequent to the 2020-2021 academic year for which there was at least one individual, and if the two-year cumulated group contains more than 10 individuals, then the two-year cumulated group performance must be measured against the standards in the current year. The two-year cumulated group shall not include group performance from years prior to the 2021-2022 academic year.(4) If the two-year cumulated EPP candidate group described in subsection (c)(3) of this section, aggregated or disaggregated by demographic group, contains between one and 10 individuals, then the two-year cumulated group performance shall be combined with the next most recent group performance subsequent to the 2020-2021 academic year for which there was at least one individual. The three-year cumulated group performance must be measured against the standards in the current year, regardless of how small the cumulated number of group members may be. When evaluating a three-year cumulated group of fewer than 10 individuals, the candidate group will be measured against the performance standard of the current year, or a performance standard of up to one candidate failing to meet the requirement, whichever is more favorable. The three-year cumulated group performance shall not include group performance from years prior to the 2021-2022 academic year.(5) In any reporting year in which subsection (c)(3) or (4) of this section results in an evaluation against the standard and the evaluated cumulated group does not meet the performance standard, the current year candidate group is separately evaluated against the performance standard. If the current year candidate group meets the performance standard, then the failure does not count as an additional consecutively measured year for the purposes of the ASEP Index as described in Figure: 19 TAC §229.1(c) of this title or for §229.5(c) of this title (relating to Accreditation Sanctions and Procedures). If the current year candidate group does not meet the performance standard, then the failure does count as an additional consecutively measured year for the purposes of the ASEP Index and for §229.5(c) of this title.</content><note type="source"><p>Source Note: The provisions of this §229.4 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective March 22, 2015, 40 TexReg 1375; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective March 6, 2019, 44 TexReg 1120; amended to be effective December 22, 2019, 44 TexReg 7689; amended to be effective December 27, 2020, 45 TexReg 9180; amended to be effective December 26, 2021, 46 TexReg 8721; amended to be effective December 29, 2022, 47 TexReg 8662; amended to be effective January 8, 2024, 49 TexReg 39; amended to be effective January 7, 2025, 50 TexReg 146; amended to be effective January 5, 2026, 51 TexReg 127.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c229/scC"><num value="C">SUBCHAPTER C</num><heading>ACCREDITATION SANCTIONS</heading><section identifier="/us/state/tx/tac/t19/p7/c229/scC/s229.5"><num value="229.5">§229.5</num><heading>Accreditation Sanctions and Procedures</heading><content>(a) The State Board for Educator Certification (SBEC) may assign an educator preparation program (EPP) Accredited-Warned or Accredited-Probation status if the SBEC determines that the EPP has violated SBEC rules and/or Texas Education Code (TEC), Chapter 21.(b) If an EPP has been assigned Accredited-Warned or Accredited-Probation status, or if the SBEC determines that additional action is a necessary condition for the continuing approval of an EPP to recommend candidates for educator certification, the SBEC may take any one or more of the following actions, which shall be reviewed by the SBEC at least annually:(1) require the EPP to obtain technical assistance approved by the Texas Education Agency (TEA) or SBEC;(2) require the EPP to obtain professional services approved by the TEA or SBEC;(3) require the EPP to provide TEA staff with verification of the EPP's compliance with SBEC rules and/or the TEC;(4) require the EPP to post on its website:(A) accreditation status;(B) notice that the SBEC has instated conditions on the EPP's continuing approval;(C) TEA's continuing approval review report; and/or(D) official notification of recommended status;(5) appoint a monitor to participate in the activities of the EPP and report the activities to the TEA or SBEC; and/or(6) require the EPP to develop an action plan addressing the deficiencies and describing the steps the program will take to improve the performance of its candidates. TEA staff may prescribe the information that must be included in the action plan. The action plan must be sent to TEA staff no later than 45 calendar days following notification to the EPP that SBEC has ordered the action plan.(c) Notwithstanding the accreditation status of an EPP, if the performance of candidates on an examination required for certification (as listed in Figure: 19 TAC §230.21(e) of this title (relating to Educator Assessment)) in an individual certification class or category offered by an EPP fails to meet the performance standard on the content pedagogy test as described in §229.4(a)(1)(D) of this title (relating to Determination of Accreditation Status) for three consecutive years, the approval to offer that certification class or category shall be revoked.(1) For purposes of determining compliance with subsection (c) of this section, candidate performance in individual certification classes or categories in only the 2016-2017 academic year and subsequent academic years will be considered.(2) Performance indicators by demographic group shall not be counted for purposes of subsection (c) of this section pertaining to performance standards for individual certification classes or categories. If the aggregated number of individuals counted for a certification class or category is 10 or fewer, the performance on the standard shall be cumulated and counted in the same manner as provided in §229.4(c) of this title.(3) Upon revocation of certification class or category, the EPP shall submit a letter as described in §228.21(a)(1) of this title (relating to Program Consolidation or Closure) no later than 14 days after the revocation identifying a closure date. If a letter is not submitted within 14 days after the revocation, the closure date shall be the last day of the current academic year.(4) Upon revocation of the approval to offer the certification class or category, the EPP shall adhere to the requirements for program closure contained in §228.21 of this title.(d) An EPP shall be notified in writing regarding any action proposed to be taken pursuant to this section, or proposed assignment of an accreditation status of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked. The notice shall state the basis on which the proposed action is to be taken or the proposed assignment of the accreditation status is to be made.(e) All costs associated with providing or requiring technical assistance, professional services, or the appointment of a monitor pursuant to this section shall be paid by the EPP to which the services are provided or required, or its sponsor.</content><note type="source"><p>Source Note: The provisions of this §229.5 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective March 22, 2015, 40 TexReg 1375; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective December 22, 2019, 44 TexReg 7689; amended to be effective December 26, 2021, 46 TexReg 8721; amended to be effective December 29, 2022, 47 TexReg 8662; amended to be effective January 5, 2026, 51 TexReg 127.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c229/scD"><num value="D">SUBCHAPTER D</num><heading>CONTINUING APPROVAL PROCEDURES</heading><section identifier="/us/state/tx/tac/t19/p7/c229/scD/s229.6"><num value="229.6">§229.6</num><heading>Continuing Approval</heading><content>(a) The continuing approval of an educator preparation program (EPP) to recommend candidates for educator certification, which shall be reviewed pursuant to §228.13 of this title (relating to Continuing Educator Preparation Program Approval), will be based upon the EPP's accreditation status and compliance with the State Board for Educator Certification (SBEC) rules regarding program-approval components specified in §228.11 of this title (relating to New Entity Approval).(b) After a continuing approval review pursuant to §228.13 of this title, if the Texas Education Agency (TEA) staff finds that an EPP is in compliance with SBEC rules and/or Texas Education Code (TEC), Chapter 21, the TEA staff shall issue a proposed recommendation for SBEC to approve the renewal of an EPP. After a continuing approval review pursuant to §228.13 of this title or a complaint investigation pursuant to Chapter 228, Subchapter G, of this title (relating to Complaints and Investigations), if the TEA staff finds that an EPP has failed to comply with SBEC rules and/or the TEC, Chapter 21, and the EPP does not obtain compliance within four months, the TEA staff shall recommend that the SBEC sanction the EPP. The TEA staff may recommend that the SBEC action include, but is not limited to, public reprimand, revocation of program approval, or the imposition of conditions upon continuing program approval.(c) TEA staff shall provide notice of the proposed recommendation for SBEC action relating to the EPP's continuing approval to recommend candidates for educator certification in the manner provided by §229.7 of this title (relating to Informal Review of Texas Education Agency Recommendations), and an EPP shall be entitled to an informal review of the proposed recommendation, under the conditions and procedures set out in §229.7 of this title, prior to the submission of the recommendation for action to either the SBEC or the State Office of Administrative Hearings (SOAH). If the EPP fails to request an informal review in a timely manner, the proposed recommendation will become a final recommendation.(d) Following the informal review, a final recommendation will be issued by the TEA staff. The final recommendation may include changes or additions to the proposed recommendation and such modifications are not subject to another informal review procedure.(e) If the final recommendation proposes revocation of approval of an EPP to recommend candidates for educator certification, within 14 calendar days of receipt of the final recommendation, the EPP may agree in writing to accept the final revocation without further proceedings or may request that TEA staff schedule the matter for a hearing before an administrative law judge at the SOAH, as provided by §229.8 of this title (relating to Contested Cases for Accreditation Revocation).(f) If the final recommendation does not propose revocation of approval of an EPP to recommend candidates for educator certification, the final recommendation will be submitted to SBEC for consideration and entry of a final order.</content><note type="source"><p>Source Note: The provisions of this §229.6 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective March 22, 2015, 40 TexReg 1375; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective January 8, 2024, 49 TexReg 39; amended to be effective January 7, 2025, 50 TexReg 146.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c229/scE"><num value="E">SUBCHAPTER E</num><heading>REVIEW PROCEDURES</heading><section identifier="/us/state/tx/tac/t19/p7/c229/scE/s229.7"><num value="229.7">§229.7</num><heading>Informal Review of Texas Education Agency Recommendations</heading><content>(a) Applicability. This section applies only to a notice required under §229.5(d) of this title (relating to Accreditation Sanctions and Procedures) or under §229.6(c) of this title (relating to Continuing Approval) proposing to:(1) require an educator preparation program (EPP) or a particular class or category of certification offered by an EPP to obtain technical assistance as provided by the Texas Education Code (TEC), §21.0451(a)(2)(A);(2) require an EPP or a particular class or category of certification offered by an EPP to obtain professional services as provided by the TEC, §21.0451(a)(2)(B);(3) appoint a monitor for an EPP or a particular class or category of certification offered by an EPP as provided by the TEC, §21.0451(a)(2)(C);(4) assign a change in accreditation status of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked, as specified in §229.4 of this title (relating to Determination of Accreditation Status);(5) issue a public reprimand or impose conditions on the continuing approval of an EPP to recommend candidates for certification pursuant to §229.6(b) of this title;(6) revoke the approval of an EPP to recommend candidates for certification in a particular class or category of certification; or(7) revoke the approval of an EPP to recommend candidates for certification.(b) Notice. Notice of a proposed recommendation for an order or change in accreditation status, subject to this section, shall be made as provided by §229.5(d) and §229.6(c) of this title, and this section.(1) The notice shall attach or make reference to all information on which the proposed recommendation is based.(A) Information maintained on the Texas Education Agency (TEA) and State Board for Educator Certification (SBEC) websites may be referenced by providing a general citation to the information.(B) The TEA and SBEC reports previously sent to the EPP may be referenced by providing the title and date of the report.(C) On request, the TEA shall provide copies of, or reasonable access to, information referenced in the notice.(2) The notice shall state the procedures for requesting an informal review of the proposed recommendation or change in accreditation status under this section, including the name and department of the TEA staff to whom a request for an informal review may be addressed.(3) The notice shall set a deadline for requesting an informal review, which shall not be less than 14 calendar days from the date of receipt of the notice. The notice may be delivered by mail, personal delivery, facsimile, or email.(c) Request. The chief operating officer or designee of the EPP may request, in writing, an informal review under this section.(1) The request must be properly addressed to the member of the TEA staff identified in the notice under subsection (b)(2) of this section and must be received by TEA staff on or before the deadline specified in subsection (b)(3) of this section.(2) The request must set out the reasons the EPP believes the proposed recommendation or change in accreditation status is incorrect, with citations to include supporting evidence. The EPP may submit any written information to TEA as evidence to support its request, without regard to admissibility under the Texas Rules of Evidence. The request for review shall concisely state, in numbered paragraphs:(A) if alleging the proposed recommendation would violate a statutory provision, the statutory provision violated and the specific facts supporting a conclusion that the statute was violated by the proposed recommendation;(B) if alleging the proposed recommendation would be in excess of the SBEC's statutory authority, the SBEC's statutory authority and the specific facts supporting a conclusion that the proposed recommendation would be in excess of this authority;(C) if alleging the proposed recommendation was made through unlawful procedure, the lawful procedure and the specific facts supporting a conclusion that the proposed recommendation was made through unlawful procedure;(D) if alleging the proposed recommendation is affected by other error of law, the law violated and the specific facts supporting a conclusion that the proposed recommendation violated that law;(E) if alleging the proposed recommendation is not reasonably supported by a preponderance of the evidence, each finding, inference, or conclusion of the proposed recommendation that is unsupported by a preponderance of the evidence, and the evidence that creates a preponderance against the specific finding, inference, or conclusion at issue;(F) if alleging the proposed recommendation is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, each finding, inference, conclusion, or proposed recommendation affected and the specific facts supporting a conclusion that each is so affected;(G) for each violation, error, or defect alleged under subparagraphs (A)-(F) of this paragraph, the substantial rights of the EPP that are prejudiced by such violation, error, or defect;(H) a concise statement of the relief sought by the EPP (petitioner); and(I) the name, mailing address, telephone number, facsimile number, and email address of the petitioner's representative.(3) Failure to comply with the requirements of this subsection may result in dismissal of the request for informal review.(d) No review requested. If the TEA staff does not receive the EPP's request for an informal review by the deadline set in accordance with subsection (b)(3) of this section, the proposed recommendation will become a final recommendation and will proceed in accordance with subsection (f) of this section.(e) Informal review. In response to a request under subsection (c) of this section, TEA staff will review the materials and documents provided by the EPP and issue a final recommendation. The final recommendation may include changes or additions to the proposed recommendation and such modifications are not subject to another informal review.(f) Final recommendation.(1) If the final recommendation proposes revocation of approval of an EPP to recommend candidates for educator certification, Within 14 calendar days of receipt of the final recommendation, the EPP may agree in writing to accept the final revocation without further proceedings or may request that TEA staff schedule the matter for a hearing before an administrative law judge at the State Office of Administrative Hearings (SOAH), as provided by §229.8 of this title (relating to Contested Cases for Accreditation Revocation).(2) If the final recommendation does not propose revocation of approval of an EPP to recommend candidates for educator certification, the final recommendation will be submitted to SBEC for consideration of a final order.(g) Other law. Texas Government Code, Chapter 2001, and the TEC, §7.057, do not apply to an informal review under this section.</content><note type="source"><p>Source Note: The provisions of this §229.7 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective January 8, 2024, 49 TexReg 39.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c229/scE/s229.8"><num value="229.8">§229.8</num><heading>Contested Cases for Accreditation Revocation</heading><content>(a) This section applies only to a final recommendation issued under §229.5 of this title (relating to Accreditation Sanctions and Procedures) or §229.6 of this title (relating to Continuing Approval) that proposes revocation of approval and closure of an educator preparation program (EPP), or withdraws approval to offer a specific certification class or category, and does not apply to a final recommendation proposing the assignment of Accredited-Warned or Accredited-Probation status or ordering any other sanction, including, without limitation, public reprimand, imposing conditions upon continuing approval, requiring technical assistance, requiring professional services, or appointing a monitor.(b) If an EPP declines to sign a final recommendation, or if the EPP fails to respond timely to a notice of a proposed recommendation, Texas Education Agency (TEA) staff may proceed with the filing of a contested case with the State Office of Administrative Hearings (SOAH) in accordance with the contested case procedures set out in §§249.19-249.40 of this title, and Texas Government Code, Chapter 2001.(c) Upon the finality of a decision from the State Board for Educator Certification (SBEC) under the Administrative Procedure Act ordering the EPP closed under this subsection in keeping with §249.39 of this title (relating to Final Decisions and Orders), the approval of an EPP to provide educator preparation is:(1) automatically revoked, void, and of no further force or effect on the effective date of the SBEC final order; and(2) automatically modified to remove authorization for an individual certification class or category on the effective date of the SBEC final order.(d) This section satisfies the hearing requirements of the Texas Education Code, §21.0451(a)(2)(D) and (a)(3).</content><note type="source"><p>Source Note: The provisions of this §229.8 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective December 22, 2019, 44 TexReg 7689.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c229/scF"><num value="F">SUBCHAPTER F</num><heading>REQUIRED FEES</heading><section identifier="/us/state/tx/tac/t19/p7/c229/scF/s229.9"><num value="229.9">§229.9</num><heading>Fees for Educator Preparation Program Approval and Accountability</heading><content>An educator preparation program requesting approval and continuation of accreditation status shall pay the applicable fee from the following list.(1) New educator preparation program application and approval (nonrefundable)--$9,000.(2) Five-year continuing approval review visit pursuant to §228.13 of this title (relating to Continuing Educator Preparation Program Approval)--$4,500.(3) Discretionary continuing approval review visit pursuant to §228.13 of this title--$4,500.(4) Addition of new certification category or addition of clinical teaching--$500.(5) Addition of each new class of certificate--$1,000.(6) Applications for out-of-state and out-of-country school sites for field-based experiences, clinical teaching, residency, and practicums--$500.(7) Accountability System for Educator Preparation Programs technology fee--$35 per admitted candidate.</content><note type="source"><p>Source Note: The provisions of this §229.9 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective September 1, 2015, 40 TexReg 5150; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective December 22, 2019, 44 TexReg 7689; amended to be effective December 29, 2022, 47 TexReg 8662; amended to be effective January 7, 2025, 50 TexReg 146; amended to be effective January 5, 2026, 51 TexReg 127.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c230"><num value="230">CHAPTER 230</num><heading>PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scA/s230.1"><num value="230.1">§230.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, Chapter 232 of this title (relating to General Certification Provisions), and Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited institution of higher education--An institution of higher education that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.(2) Appropriate--Suitable for a particular purpose. The term denotes compliance with State Board for Educator Certification (SBEC) rules and with SBEC procedures and policies posted on the Texas Education Agency website that are related to the stated particular purpose.(3) Candidate--An individual who has been formally or contingently admitted into an educator preparation program; also referred to as an enrollee or participant.(4) Certificate--Any educator credential issued by the State Board for Educator Certification under the authority of Texas Education Code, Chapter 21, Subchapter B.(5) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics and includes the following: superintendent, principal, classroom teacher, school counselor, school librarian, educational diagnostician, reading specialist, and master teacher.(6) Charter school--A Texas public school operated by a charter holder under an open-enrollment charter school granted either by the State Board of Education (SBOE) or commissioner of education, whichever is applicable, pursuant to Texas Education Code, §12.101, identified with its own county district number.(7) Classroom teacher--An educator who is employed by a school or district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical education instructional setting. This term does not include an educational aide or a full-time administrator.(8) Content certification examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program.(9) Content pedagogy examinations--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's certification as an educator.(10) Continuing professional education--Professional development required for the renewal of standard and/or lifetime certificates that is designed to ensure improvement in both the performance of the educator and achievement of his or her students.(11) Educator--An individual who is required to hold a certificate issued under Texas Education Code, Chapter 21, Subchapter B.(12) Educator preparation program--An entity approved by the State Board for Educator Certification to prepare and recommend candidates for certification in one or more educator certification classes.(13) Enhanced standard certificate--A type of certificate issued to an individual who has met all requirements as specified in §230.39(b) of this title (relating to Enhanced Standard Certificates) under the teacher class of certificates.(14) Examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program, certification as an educator, continuation as an educator, or advancement as an educator.(15) Hearing impairment--As defined in Texas Education Code, §21.048(d)(1), a hearing impairment so severe that the person cannot process linguistic information with or without amplification.(16) Initial certification--The first Texas educator certificate for a particular class issued to an individual as specified in §230.33 of this title (relating to Classes of Certificates).(17) Intern certificate--A type of certificate issued to a candidate who has passed all required content examinations and is completing requirements for certification through an approved educator preparation program.(18) Pilot exam--A certification exam that is subject to annual review by the State Board for Educator Certification.(19) Private school--A non-public school whose educational program has been evaluated by a regional accrediting agency and whose program has met and is maintaining certain educational standards.(20) Probationary certificate--A type of certificate issued to a candidate who has passed all required examinations and is completing requirements for certification through an approved educator preparation program.(21) Professional class--A term that refers to certificates for duties other than classroom teacher (e.g., superintendent, principal, school counselor, school librarian, educational diagnostician, reading specialist, and master teachers).(22) Standard certificate--A type of certificate issued to an individual who has met all requirements for a given class of certification, as specified in §230.33 of this title (relating to Classes of Certificates).(23) Teacher--An individual who is required to hold a certificate issued under Texas Education Code, Chapter 21, Subchapter B.(24) Teacher of record--An educator who is employed by a school or district and who teaches in an academic instructional setting or a career and technical instructional setting not less than an average of four hours each day and is responsible for evaluating student achievement and assigning grades.(25) Teacher service record--The official document used to record years of service and days used and accumulated under the state's former minimum sick leave program or the state's current personal leave program.(26) Texas Essential Knowledge and Skills (TEKS)--The Kindergarten-Grade 12 state curriculum in Texas adopted by the State Board of Education and used as the foundation of all state certification examinations.(27) Texas school district--A school district accredited and approved by the Texas Education Agency under Texas Education Code, Chapter 11.</content><note type="source"><p>Source Note: The provisions of this §230.1 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective October 13, 2019, 44 TexReg 5767; amended to be effective May 20, 2021, 46 TexReg 3126; amended to be effective May 19, 2024, 49 TexReg 3551.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scA/s230.3"><num value="230.3">§230.3</num><heading>Purpose</heading><content>The purpose of certifying public and non-public school educators is to identify qualified and professionally prepared individuals who have demonstrated pedagogical and content proficiency. The certification shall comply with the Texas Education Code, Chapter 21, Subchapter B, and rules adopted by the State Board for Educator Certification.</content><note type="source"><p>Source Note: The provisions of this §230.3 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scB"><num value="B">SUBCHAPTER B</num><heading>GENERAL CERTIFICATION REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scB/s230.11"><num value="230.11">§230.11</num><heading>General Requirements</heading><content>(a) The only credits and degrees acceptable for certification of educators are those earned from and conferred by accredited institutions of higher education. All credit hour requirements for certification are semester credit hours or their equivalent.(b) An applicant for a Texas educator certificate must:(1) be at least 18 years of age;(2) submit to the criminal history review required by the Texas Education Code (TEC) §22.0831, not be disqualified by the TEC, §21.058, §21.060, or other Texas statute, and not be subject to administrative denial pursuant to §249.12 of this title (relating to Administrative Denial; Appeal) or a pending proceeding under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases);(3) not be disqualified by federal law;(4) be willing to support and defend the constitutions of the United States and Texas;(5) be able to communicate, listen, read, write, and comprehend the English language sufficiently to use it easily and readily in daily communication and teaching. English language proficiency shall be evidenced by one of the following:(A) completion of an undergraduate or graduate degree at an accredited institution of higher education in the United States or one of its territories; or(B) verification of a minimum scaled score that falls within the High-Intermediate level in each section on the Test of English as a Foreign Language internet-Based Test (TOEFL-iBT); or(C) an undergraduate or graduate degree that was earned at an institution of higher education in a country outside of the United States listed in the figure provided in this subparagraph; orAttached Graphic(D) a standard certificate issued by the department of education in another state where examinations for the certificate were taken and passed; (6) successfully complete appropriate examinations prescribed in §230.21 of this title (relating to Educator Assessment) for the educator certificate sought; and(7) satisfy one or more of the following requirements:(A) complete the requirements for certification specified in this chapter, Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), Chapter 239 of this title (relating to Student Services Certificates), Chapter 241 of this title (relating to Certification as Principal), or Chapter 242 of this title (relating to Superintendent Certificate), and be recommended for certification by an approved educator preparation program (EPP);(B) qualify under Subchapter H of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States);(C) qualify under §230.105 of this title (relating to Issuance of Additional Certificates Based on Examination);(D) qualify for a career and technical education certificate based on skill and experience specified in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)); or(E) qualify under Chapter 245 of this title (relating to Certification of Educators from Other Countries).(c) An educator who has received a State Board for Educator Certification (SBEC)-issued standard certificate shall not be required to demonstrate English language proficiency as prescribed in subsection (b)(5)(B) and (C) of this section for purposes of admission into an EPP to obtain additional SBEC-issued certifications.</content><note type="source"><p>Source Note: The provisions of this §230.11 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective October 17, 2017, 42 TexReg 5680; amended to be effective March 3, 2022, 47 TexReg 925; amended to be effective January 7, 2025, 50 TexReg 150.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scB/s230.13"><num value="230.13">§230.13</num><heading>Standard Certificate Requirements</heading><content>(a) Initial standard classroom teacher certificates that are not based on experience and preparation in a skill area shall require:(1) a bachelor's degree from an accredited institution of higher education;(2) completion of and recommendation by an approved educator preparation program (EPP) by the application and issuance deadlines for the certificate; and(3) submission of passing scores on comprehensive examinations prescribed by the State Board for Educator Certification (SBEC) as specified in §230.21 of this title (relating to Educator Assessment).(b) Standard career and technical education certificates based on experience and preparation in a skill area shall require:(1) a bachelor's degree from an accredited institution of higher education. In the case of the trade and industrial education certificates, experience may be substituted for a bachelor's degree;(2) preparation, experience, and/or licensure, certification, or registration in a skill area as described in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area));(3) completion of and recommendation by an approved EPP by the application and issuance deadlines for the certificate; and(4) submission of passing scores on comprehensive examinations prescribed by the SBEC as specified in §230.21 of this title.</content><note type="source"><p>Source Note: The provisions of this §230.13 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scC"><num value="C">SUBCHAPTER C</num><heading>ASSESSMENT OF EDUCATORS</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scC/s230.21"><num value="230.21">§230.21</num><heading>Educator Assessment</heading><content>(a) A candidate seeking certification as an educator must pass the examination(s) required by Texas Education Code (TEC), §21.048, and the State Board for Educator Certification (SBEC) in §233.1(e) of this title (relating to General Authority) and shall not retake an examination more than four times, unless the limitation is waived for good cause. The burden of proof shall be upon the candidate to demonstrate good cause. (1) For the purposes of the retake limitation described by TEC, §21.048, an examination retake is defined as a second or subsequent attempt to pass any examination required for the issuance of a certificate, including an individual core subject examination that is part of the overall examination required for the issuance of a Core Subjects certificate as described in §233.2 of this title (relating to Early Childhood; Core Subjects). (A) A canceled examination score is not considered an examination retake. (B) An examination taken by an educator during a pilot period is not considered part of an educator's five-time test attempt limit. (C) Pursuant to TEC, §21.0491(d), the limit on number of test attempts does not apply to the trade and industrial workforce training certificate examination prescribed by the SBEC. (D) A candidate who fails a computer- or paper-based examination cannot retake the examination before 30 days have elapsed following the candidate's last attempt to pass the examination. (2) Good cause is: (A) the candidate's highest score on an examination is within one conditional standard error of measurement (CSEM) of passing, and the candidate has completed 50 clock-hours of educational activities. CSEMs will be published annually on the Texas Education Agency (TEA) website; (B) the candidate's highest score on an examination is within two CSEMs of passing, and the candidate has completed 100 clock-hours of educational activities; (C) the candidate's highest score on an examination is within three CSEMs of passing, and the candidate has completed 150 clock-hours of educational activities; (D) the candidate's highest score on an examination is not within three CSEMs of passing, and the candidate has completed 200 clock-hours of educational activities; (E) if the candidate needs a waiver for more than one of the individual core subject examinations that are part of the overall examination required for the issuance of a Core Subjects certificate, the candidate has completed the number of clock-hours of educational activities required for each individual core subject examination as described in subparagraphs (A)-(D) of this paragraph up to a maximum of 300 clock-hours. The number of clock-hours for each examination may be divided equally based on the number of examinations in the waiver request, but the number of clock-hours for an examination shall not be less than 50; or(F) if a CSEM is not appropriate for an examination, the TEA staff will identify individuals who are familiar and knowledgeable with the examination content to review the candidate's performance on the five most recent examinations, identify the deficit competency or competencies, and determine the number of clock-hours of educational activities required. (3) Educational activities are defined as: (A) institutes, workshops, seminars, conferences, interactive distance learning, video conferencing, online activities, undergraduate courses, graduate courses, training programs, in-service, or staff development given by an approved continuing professional education provider or sponsor, pursuant to §232.17 of this title (relating to Pre-Approved Continuing Professional Education Provider or Sponsor) and §232.19 of this title (relating to Approval of Private Companies, Private Entities, and Individuals as Continuing Professional Education Providers), or an approved educator preparation program (EPP), pursuant to Chapter 228, Subchapter B, of this title (relating to Approval of Educator Preparation Programs); and (B) being directly related to the knowledge and skills included in the certification examination competency or competencies in which the candidate answered less than 70 percent of competency questions correctly. The formula for identifying a deficit competency is the combined total of correct answers for each competency on the five most recent examinations divided by the combined total of questions for each competency on the five most recent examinations. (4) Documentation of educational activities that a candidate must submit includes: (A) the provider, sponsor, or program's name, address, telephone number, and email address. The TEA staff may contact the provider, sponsor, or program to verify an educational activity; (B) the name of the educational activity (e.g., course title, course number); (C) the competency or competencies addressed by the educational activity as determined by the formula described in paragraph (3)(B) of this subsection; (D) the provider, sponsor, or program's description of the educational activity (e.g., syllabus, course outline, program of study); and (E) the provider, sponsor, or program's written verification of the candidate's completion of the educational activity (e.g., transcript, certificate of completion). The written verification must include: (i) the provider, sponsor, or program's name; (ii) the candidate's name; (iii) the name of the educational activity; (iv) the date(s) of the educational activity; and (v) the number of clock-hours completed for the educational activity. Clock-hours completed before the most recent examination attempt or after a request for a waiver is submitted shall not be included. One semester credit hour earned at an accredited institution of higher education is equivalent to 15 clock-hours. (5) To request a waiver of the limitation, a candidate must meet the following conditions: (A) the candidate is otherwise eligible to take an examination. A candidate seeking a certificate based on completion of an EPP must have the approval of an EPP to request a waiver; (B) beginning September 1, 2016, the candidate pays the non-refundable waiver request fee of $160; (C) the candidate requests the waiver of the limitation in writing on forms developed by the TEA staff; and (D) the request for the waiver is postmarked not earlier than: (i) 30 calendar days after an unsuccessful attempt at the fourth retake of an examination as defined in TEC, §21.048; or (ii) 90 calendar days after the date of the most recent unsuccessful examination attempt that was the result of the most recently approved request for waiver of the limitation. (6) The TEA staff shall administratively approve each application that meets the criteria specified in paragraphs (2)-(5) of this subsection. (7) An applicant who does not meet the criteria in paragraphs (2)-(5) of this subsection may appeal to the SBEC for a final determination of good cause. A determination by the SBEC is final and may not be appealed. (b) A candidate seeking a standard certificate as an educator based on completion of an approved EPP may take the appropriate certification examination(s) required by subsection (a) of this section only at such time as the EPP determines the candidate's readiness to take the examinations, or upon successful completion of the EPP, whichever comes first. (c) The holder of a lifetime Texas certificate effective before February 1, 1986, must pass examinations prescribed by the SBEC to be eligible for continued certification, unless the individual has passed the Texas Examination of Current Administrators and Teachers (TECAT). (d) The commissioner of education approves the satisfactory level of performance required for certification examinations, and the SBEC approves a schedule of examination fees and a plan for administering the examinations. (e) The appropriate examination(s) required for certification are specified in the figure provided in this subsection. For issuance of a probationary or standard certificate in more than one certification category, a candidate must pass the appropriate pedagogy examination specified in the figure provided in this subsection for any one of the certificates sought. Attached Graphic(f) Scores from examinations required under this title must be made available to the examinee, the TEA staff, and, if appropriate, the EPP from which the examinee will seek a recommendation for certification. Candidates may use passing scores on an examination required under this section for certification if the candidate is recommended for certification up to one year after the last operational date for the examination as prescribed in Figure: 19 TAC §230.21(e).(g) The following provisions concern ethical obligations relating to examinations. (1) An educator or candidate who participates in the development, design, construction, review, field testing, scoring, or validation of an examination shall not reveal or cause to be revealed the contents of the examination to any other person. (2) An educator or candidate who administers an examination shall not: (A) allow or cause an unauthorized person to view any part of the examination; (B) copy, reproduce, or cause to be copied or reproduced any part of the examination; (C) reveal or cause to be revealed the contents of the examination; (D) correct, alter, or cause to be corrected or altered any response to a test item contained in the examination; (E) provide assistance with any response to a test item contained in the examination or cause assistance to be provided; or (F) deviate from the rules governing administration of the examination. (3) An educator or candidate who is an examinee shall not: (A) copy, reproduce, or cause to be copied or reproduced any test item contained in the examination; (B) provide assistance with any response to a test item contained in the examination, or cause assistance to be provided; (C) solicit or accept assistance with any response to a test item contained in the examination; (D) deviate from the rules governing administration of the examination; or (E) otherwise engage in conduct that amounts to cheating, deception, or fraud. (4) An educator, candidate, or other test taker shall not: (A) solicit information about the contents of test items on an examination that the educator, candidate, or other test taker has not already taken from an individual who has had access to those items, or offer information about the contents of specific test items on an examination to individuals who have not yet taken the examination; (B) fail to pay all test costs and fees as required by this chapter or the testing vendor; or (C) otherwise engage in conduct that amounts to violations of test security or confidentiality integrity, including cheating, deception, or fraud. (5) A person who violates this subsection is subject to: (A) sanction, including, but not limited to, disallowance and exclusion from future examinations either in perpetuity or for a period of time that serves the best interests of the education profession, in accordance with the provisions of TEC, §21.041(b)(7), and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases); and/or (B) denial of certification in accordance with the provisions of TEC, §21.041(b)(7), and Chapter 249 of this title; and/or (C) voiding of a score from an examination in which a violation specified in this subsection occurred as well as a loss of a test attempt for purposes of the retake limit in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §230.21 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective August 28, 2016, 41 TexReg 6191; amended to be effective May 17, 2018, 43 TexReg 3089; amended to be effective December 23, 2018, 43 TexReg 8108; amended to be effective October 13, 2019, 44 TexReg 5767; amended to be effective May 17, 2020, 45 TeReg 3288; amended to be effective October 15, 2020, 45 TexReg 7257; amended to be effective May 19, 2024, 49 TexReg 3551.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scC/s230.23"><num value="230.23">§230.23</num><heading>Testing Accommodations for Persons with Dyslexia</heading><content>The Texas Education Agency (TEA) shall provide examination accommodations for persons with dyslexia.(1) For each licensing examination administered, the TEA and its testing vendor shall provide reasonable examination accommodations to an examinee diagnosed as having dyslexia as that term is defined in the Texas Occupations Code, §54.003.(2) The TEA and its testing vendor shall provide examination accommodations to an examinee diagnosed with dyslexia, provided acceptable medical or diagnostic documentation has been received and reviewed by the vendor prior to the administration of the examination.</content><note type="source"><p>Source Note: The provisions of this §230.23 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 23, 2018, 43 TexReg 8108.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scC/s230.25"><num value="230.25">§230.25</num><heading>Test Exemptions for Persons with a Hearing Impairment</heading><content>(a) A candidate who has a hearing impairment may request exemption from educator certification and competence examinations that have not been field-tested for appropriateness, reliability, and validity as applied to persons with hearing impairments.(b) A request for such an exemption shall include:(1) a report by a licensed audiologist dated no more than one year from the date of the request for the exemption, addressing the relationship between the candidate's age at the onset or diagnosis of hearing loss and the candidate's ability to process linguistic information, and documenting that the candidate has a hearing impairment so severe that:(A) for a person requesting an exemption from the Science of Teaching Reading (STR) examination, the person cannot process auditory linguistic information with or without amplification; or(B) for a person requesting an exemption to an examination other than the STR examination, the person cannot process written linguistic information; and(2) for candidates who are not seeking certification under Chapter 230, Subchapter H, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States), a recommendation for exemption and certification of the candidate by an approved Texas educator preparation program (EPP). The recommendation shall be based on the EPP's determination of the candidate's qualification for the exemption and competency in each certification class and category in which certification is sought. The EPP shall make and document its determination of educator standards competency, as follows:(A) by reviewing and approving transcripts from an accredited institution of higher education that demonstrate that the candidate has completed 24 semester credit hours in the educator standards, including 12 semester credit hours of upper division coursework, and documenting that the coursework is aligned to the Texas educator standards;(B) if an EPP uses an alternative assessment to measure competency in any certification class and category in which a certification is being sought, by documenting the method and validity of the means of assessment, the results of the assessment, and the alignment of the assessment to the applicable Texas educator standards; and(C) for the Texas pedagogy and professional responsibilities examination, by documenting successful completion of EPP coursework and training covering educator standards for the grade level for which certification is sought.(c) This section does not affect the procedures for one-year certificates, extensions, and permits based on out-of-state credentials pursuant to §230.113 of this title (relating to Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States).(d) As with other EPP completion and admission documentation under §228.40 of this title (relating to Assessment and Evaluation of Candidates for Certification and Program Improvement), all documentation required under this section shall be retained by an EPP for five years and is subject to audit by Texas Education Agency staff.</content><note type="source"><p>Source Note: The provisions of this §230.25 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective August 28, 2016, 41 TexReg 6191; amended to be effective May 11, 2023, 48 TexReg 2339.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scD"><num value="D">SUBCHAPTER D</num><heading>TYPES AND CLASSES OF CERTIFICATES ISSUED</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scD/s230.31"><num value="230.31">§230.31</num><heading>Types of Certificates</heading><content>(a) "Type of certificate" means a designation of the period of validity for a certificate and includes the following certificate designations:(1) standard, as specified in subsection (c) of this section;(2) provisional, as specified in subsection (b) of this section;(3) professional, as specified in subsection (b) of this section;(4) one year, as specified in §230.113 of this title (relating to Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries);(5) intern, as specified in §230.36 of this title (relating to Intern Certificates);(6) probationary, as specified in §230.37 of this title (relating to Probationary Certificates);(7) emergency, as specified in §230.73 of this title (relating to Validity of Emergency Permits);(8) educational aide, as specified in Subchapter E of this chapter (relating to Educational Aide Certificate); and(9) enhanced standard, as specified in §230.39 of this title (relating to Enhanced Standard Certificates).(b) All provisional and professional educator certificates issued prior to September 1, 1999, shall be valid for the life of the individual unless suspended, surrendered in lieu of revocation, or revoked by lawful authority.(c) Effective September 1, 1999, the standard certificate shall be issued for all classes of certificates and shall be valid for five years, subject to the requirements of Chapter 232, Subchapter A, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements). The standard certificate is issued to individuals who have met all requirements for a given subject area or class of certification.(d) Effective September 1, 2017, the educational aide certificate shall be valid for two years. Educational aide certificates issued effective September 1, 2017, will expire at the end of the two-year validity period. Individuals issued an educational aide certificate prior to September 1, 2017, as well as new applicants for the educational aide certificate, will be required to reapply for certification every two years and meet any other requirements for the educational aide certificate as specified in §230.65 of this title (relating to Requirements for Reissuance of Educational Aide Certificates).(e) Effective September 1, 2024, the enhanced standard certificate shall be issued for the teacher class of certificates and shall be valid for five years, subject to the requirements of Chapter 232, Subchapter A, of this title. The enhanced standard certificate is issued to individuals who have met all requirements as specified in §230.39 of this title.</content><note type="source"><p>Source Note: The provisions of this §230.31 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective May 19, 2024, 49 TexReg 3551.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scD/s230.33"><num value="230.33">§230.33</num><heading>Classes of Certificates</heading><content>(a) "Class of certificates" means a certificate with the following characteristics:(1) specific job duties or functions associated with the certificate;(2) standards established by the State Board for Educator Certification (SBEC) for the issuance of the certificate; and(3) comprehensive examination(s) prescribed by the SBEC, as specified in §230.21 of this title (relating to Educator Assessment).(b) Classes of certificates include the following:(1) superintendent;(2) principal;(3) classroom teacher (categories of classroom teaching certificates are described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates));(4) reading specialist;(5) legacy master teacher;(6) school librarian;(7) school counselor; and(8) educational diagnostician.</content><note type="source"><p>Source Note: The provisions of this §230.33 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective May 17, 2020, 45 TexReg 3288.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scD/s230.35"><num value="230.35">§230.35</num><heading>Development, Approval, Implementation, and Evaluation of Teacher Certification Standards</heading><content>(a) Purpose. The purpose of the certification standards shall be to ensure the highest level of educator preparation and practice to achieve student excellence.(b) Objectives. The objectives of the certification standards are:(1) to establish the knowledge and skills required of an individual seeking certification in a particular subject area;(2) to guide the design and delivery of educator preparation programs (EPPs); and(3) to direct the development of certification examinations and other requirements for issuance of the certificate.(c) Policy. The State Board for Educator Certification (SBEC) shall appoint an advisory committee to develop and recommend certification standards for approval that are based on the applicable Texas essential knowledge and skills (TEKS) adopted by the State Board of Education (SBOE) and reflect current research-based practices and knowledge of the developmental stages of learning to promote successful outcomes and academic achievement from Early Childhood-Grade 12.(d) Development. The SBEC shall develop the certification standards based on information provided by Texas educators, EPP representatives, parents, and citizens. Before approving standards for a certificate, the SBEC shall make the proposed standards available for public comment.(e) Implementation. The Texas Education Agency (TEA) staff shall be primarily responsible for implementing the certification standards approved by the SBEC by having certification examinations developed or recommended to the SBEC on the basis of such standards.(f) Evaluation. The TEA staff shall periodically evaluate approved certification standards based, at a minimum, on any changes to the TEKS or the job functions and duties of the related certificate.</content><note type="source"><p>Source Note: The provisions of this §230.35 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scD/s230.36"><num value="230.36">§230.36</num><heading>Intern Certificates</heading><content>(a) General provisions.(1) Certificate classes. An intern certificate may be issued for any class of certificate except educational aide.(2) Requirement to hold an intern certificate. A candidate seeking certification as an educator must hold an intern certificate while participating in an internship through an approved educator preparation program (EPP).(b) Requirements for issuance. An intern certificate may be issued to a candidate seeking certification as an educator who meets the conditions and requirements prescribed in this subsection.(1) Bachelor's degree. Except as otherwise provided in rules of the State Board for Educator Certification related to certain career and technical education certificates based on skill and experience, the candidate must hold a bachelor's degree or higher from an accredited institution of higher education. An individual who has earned a degree outside the United States must provide an original, detailed report or course-by-course evaluation for all college-level credits prepared by a foreign credential evaluation service recognized by the Texas Education Agency (TEA). The evaluation must verify that the individual holds, at a minimum, the equivalent of a bachelor's degree issued by an accredited institution of higher education in the United States.(2) General certification requirements. The candidate must meet the general certification requirements prescribed in §230.11 of this title (relating to General Requirements).(3) Fee. The candidate must pay the fee prescribed in §230.101 of this title (relating to Schedule of Fees for Certification Services).(4) Fingerprints. The candidate must submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.(c) Conditions. The validity and effectiveness of an intern certificate is subject to the following conditions.(1) Internship. The holder of an intern certificate must be a participant in good standing of an approved Texas EPP, serving in an acceptable, paid internship supervised by the EPP.(2) Inactive status. An intern certificate will become inactive 30 calendar days after the holder's separation from the school assignment or the EPP. The unexpired term of an intern certificate may be reactivated if the holder satisfies the requirements specified in this section.(3) Term of an intern certificate. An intern certificate shall be valid for one 12-month period from the date of issuance.(4) Limit on preliminary certifications and permits. Without obtaining standard certification, an individual may not serve for more than three 12-month periods while holding any combination of the following:(A) intern certificates, limited to one 12-month period maximum, as described in this subsection;(B) probationary certificates, limited to two 12-month periods maximum, as specified in §230.37 of this title (relating to Probationary Certificates)(C) emergency permits as specified in Subchapter F of this chapter (relating to Permits); or(D) one-year certificates as specified in Subchapter H of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).(5) Reduction in force exception. If an educator is employed under an intern certificate and is terminated or resigns in lieu of termination before the end of the school year due to a reduction in force, that intern term shall not count as one of the three years referenced in paragraph (4) of this subsection.(d) Testing requirements for issuance of an intern certificate. Beginning September 1, 2017, a candidate must meet the subject matter knowledge requirements for issuance of an intern certificate to serve an internship in a classroom teacher assignment for each subject area to be taught.(1) To meet the subject matter knowledge requirements to be issued an intern certificate for an internship in a classroom teacher assignment on or after September 1, 2017, a candidate must pass all of the appropriate content pedagogy examinations, as prescribed in Subchapter C of this chapter.(2) To meet the subject matter knowledge requirements to be issued an intern certificate for an internship in a career and technical education classroom teacher assignment that is based on skill and experience on or after September 1, 2017, a candidate must satisfy the requirements for that subject area contained in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)) and pass the appropriate content pedagogy examination(s), as prescribed in Subchapter C of this chapter (relating to Assessment of Educators).(e) Intern certificate in a certification class other than classroom teacher. An intern certificate may be issued for assignment as a superintendent, principal, reading specialist, master teacher, school librarian, school counselor, and educational diagnostician to an individual who meets the applicable requirements prescribed in subsection (b) of this section and who also meets the requirements prescribed in this subsection.(1) An applicant for an intern certificate in a certification class other than classroom teacher must meet all requirements established by the recommending EPP, which shall be based on the qualifications and requirements for the class of certification sought and the duties to be performed by the holder of an intern certificate in that class.(2) The individual must have also been:(A) accepted and enrolled to participate in a Texas EPP that has been approved to prepare candidates for the certificate sought; and(B) assigned in the certificate area being sought in a Texas school district, open-enrollment charter school, or, pursuant to §228.35 of this title (relating to Preparation Program Coursework and/or Training), other school approved by the TEA.(3) The holder of an intern certificate in a certification class other than classroom teacher is subject to all terms and conditions of an intern certificate prescribed in subsection (c) of this section.(4) The following provisions apply to the intern certificate for Principal as Instructional Leader.(A) During the transition period of December 1, 2018 through September 1, 2019, the SBEC may issue an intern certificate to a candidate who meets the requirements specified in paragraphs (1)-(3) of this subsection.(B) Effective September 1, 2019, the SBEC may issue an intern certificate to a candidate who meets requirements specified in paragraphs (1)-(3) of this subsection and has passed the Principal as Instructional Leader examination specified in Subchapter C of this chapter.(f) Intern certificate for intensive pre-service. An intern certificate may be issued to an applicant who is admitted to an EPP intensive pre-service as prescribed in §228.33 of this title (relating to Intensive Pre-Service) on or after January 1, 2020, who:(1) obtained a passing score on the aligned pedagogical rubric specified in §228.33 of this title;(2) obtained a passing score, in accordance with §151.1001 of this title (relating to Passing Standards), on the required content certification (subject-matter only) examination and the following additional requirements for special education and bilingual assignments;(A) Special education assignments also require a passing score, in accordance with §151.1001 of this title, on the TExES Special Education Supplemental examination prescribed in §230.21(e) of this title (relating to Educator Assessment); and(B) Bilingual education assignments also require a passing score, in accordance with §151.1001 of this title, on the TExES Bilingual Target Language Proficiency examination or the related language proficiency examination prescribed in §230.21(e) of this title; and(C) English as Second Language (ESL) assignments also require a passing score, in accordance with §151.1001 of this title, on the TExES ESL Supplemental examination or the related language proficiency examination prescribed in §230.21(e) of this title; and(3) met the requirements as prescribed in subsections (a)-(c) of this section.</content><note type="source"><p>Source Note: The provisions of this §230.36 adopted to be effective December 27, 2016, 41 TexReg 10309; amended to be effective December 23, 2018, 43 TexReg 8108; amended to be effective October 13, 2019, 44 TexReg 5767; amended to be effective May 17, 2020, 45 TexReg 3288.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scD/s230.37"><num value="230.37">§230.37</num><heading>Probationary Certificates</heading><content>(a) General provisions.(1) Certificate classes. A probationary certificate may be issued for any class of certificate except educational aide.(2) Requirement to hold a probationary certificate. A candidate seeking certification as an educator must hold a probationary certificate while participating in an internship through an approved educator preparation program (EPP).(b) Requirements for issuance. A probationary certificate may be issued to a candidate seeking certification as an educator who meets the conditions and requirements prescribed in this subsection.(1) Bachelor's degree. Except as otherwise provided in rules of the State Board for Educator Certification related to certain career and technical education certificates based on skill and experience, the candidate must hold a bachelor's degree or higher from an accredited institution of higher education. An individual who has earned a degree outside the United States must provide an original, detailed report or course-by-course evaluation of all college-level credits prepared by a foreign credential evaluation service recognized by the Texas Education Agency (TEA). The evaluation must verify that the individual holds, at a minimum, the equivalent of a bachelor's degree issued by an accredited institution of higher education in the United States.(2) General certification requirements. The candidate must meet the general certification requirements prescribed in §230.11 of this title (relating to General Requirements).(3) Fee. The candidate must pay the fee prescribed in §230.101 of this title (relating to Schedule of Fees for Certification Services).(4) Fingerprints. The candidate must submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.(c) Conditions. The validity and effectiveness of a probationary certificate is subject to the following conditions.(1) Internship. The holder of a probationary certificate must be a participant in good standing of an approved Texas EPP, serving in an acceptable, paid internship supervised by the EPP.(2) Inactive status. A probationary certificate will become inactive 30 calendar days after the holder's separation from the school assignment or the EPP. The unexpired term of a probationary certificate may be reactivated if the holder satisfies the program enrollment and school assignment requirements specified in §228.35 of this title (relating to Preparation Program Coursework and/or Training.(3) Term of a probationary certificate. A probationary certificate shall be valid for a 12-month period from the date of issuance.(4) Limit on preliminary certifications and permits. Without obtaining standard certification, an individual may not serve for more than three 12-month periods while holding any combination of the following:(A) intern certificates, limited to one 12-month period maximum, as described in this subsection;(B) probationary certificates, limited to two 12-month periods maximum, as described in this subsection;(C) emergency permits as specified in Subchapter F of this chapter (relating to Permits); or(D) one-year certificates as specified in Subchapter H of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).(5) Reduction in force exception. If an educator is employed under a probationary certificate and is terminated or resigns in lieu of termination before the end of the school year due to a reduction in force, that probationary term shall not count as one of the two allowed annual probationary terms.(d) Testing requirements for issuance of a probationary certificate.(1) Prior to September 1, 2017, a candidate must meet the subject matter knowledge requirements for issuance of a probationary certificate to serve an internship in a classroom teacher assignment for each subject area to be taught:(A) At the elementary school level, by passing the appropriate content area certification examination(s), as prescribed in Subchapter C of this chapter (relating to Assessment of Educators), appropriate to the grade level and subject matter assignment(s) as prescribed in Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments).(B) At the middle or high school level:(i) by passing the appropriate content area certification examination(s), as prescribed in Subchapter C of this chapter, appropriate to the grade level and subject matter assignment(s) as prescribed in Chapter 231 of this title; or(ii) by completing coursework that complies with the TEC, §21.050, and comprised of not fewer than 24 semester credit hours, including 12 semester credit hours of upper division coursework in the subject area(s) taught; or(iii) in the case of career and technical education assignments based on skill and experience, by satisfying the requirements for that subject area contained in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)).(C) A candidate who is the teacher of record in a special education assignment must meet the appropriate subject matter knowledge requirements prescribed in subparagraph (A) and/or (B) of this paragraph and pass the appropriate special education certification examination(s), as prescribed in Subchapter C of this chapter, appropriate to the assignment(s) as prescribed in Chapter 231 of this title. If a candidate has not passed the special education supplemental examination prior to the beginning of an internship, an EPP may permit the internship assignment if:(i) the EPP has developed a plan to address any deficiencies identified through the candidate's previous attempt(s) on the examination; and(ii) the EPP implements the plan during the initial internship. An EPP shall not permit an additional internship if all examinations requirements are not met.(D) A candidate who is in a bilingual education and/or English as a Second Language (ESL) assignment must meet the appropriate subject matter knowledge requirements prescribed in subparagraph (A) and/or (B) of this paragraph and pass the appropriate bilingual education and/or ESL certification examination(s), as prescribed in Subchapter C of this chapter, appropriate to the assignment(s) as prescribed in Chapter 231 of this title. If a candidate has not passed the bilingual education supplemental examination, ESL supplemental examination, or the Bilingual Target Language Proficiency test prior to the beginning of an internship, an EPP may permit the internship if:(i) the EPP has developed a plan to address any deficiencies identified through the candidate's previous attempt(s) on the examination(s); and(ii) the EPP implements the plan during the initial internship. An EPP shall not permit an additional internship if all examination requirements are not met.(2) Beginning September 1, 2017, a candidate must meet all testing requirements for issuance of a probationary certificate.(A) To meet the subject matter knowledge requirements to be issued a probationary certificate for an internship in a classroom teacher assignment, a candidate must pass the appropriate certification examination(s), including the appropriate pedagogy and professional responsibilities examination, as prescribed in Subchapter C of this chapter.(B) To meet the subject matter knowledge requirements to be issued a probationary certificate for an internship in a career and technical education classroom teacher assignment that is based on skill and experience, a candidate must satisfy the requirements for that subject area contained in §233.14 of this title and pass the appropriate certification examination(s), including the appropriate pedagogy and professional responsibilities examination, as prescribed in Subchapter C of this chapter.(e) Probationary certificate in a certification class other than classroom teacher. A probationary certificate may be issued for an assignment as a superintendent, principal, reading specialist, master teacher, school librarian, school counselor, and/or educational diagnostician to an individual who meets the applicable requirements prescribed in subsection (b) of this section and who also meets the requirements prescribed in this subsection.(1) An applicant for a probationary certificate in a certification class other than classroom teacher must meet all requirements established by the recommending EPP, which shall be based on the qualifications and requirements for the class of certification sought and the duties to be performed by the holder of a probationary certificate in that class.(2) The individual must have also been:(A) accepted and enrolled to participate in a Texas EPP that has been approved to prepare candidates for the certificate sought; and(B) assigned in the certificate category being sought in a Texas school district, open-enrollment charter school, or, pursuant to §228.35 of this title, other school approved by the TEA.(3) Effective September 1, 2017, to meet the subject matter requirements for issuance of the probationary certificate in a certification class other than classroom teacher, the individual must pass the appropriate content pedagogy examination(s) for that certificate.(4) The holder of a probationary certificate in a certification class other than classroom teacher is subject to all terms and conditions of an intern certificate prescribed in subsection (c) of this section.(f) Probationary certificate for intensive pre-service. A probationary certificate may be issued to an applicant who is admitted to an EPP intensive pre-service as prescribed in §228.33 of this title (relating to Intensive Pre-Service) on or after January 1, 2020, who:(1) meets the applicable requirements prescribed in subsections (a)-(c) of this section;(2) has met requirements of §230.36(f) of this title; and(3) has obtained a passing score, in accordance with 19 TAC §151.1001 of this title (relating to Passing Standards), on the required content pedagogy tests prescribed in §230.21(e) of this title (relating to Educator Assessment).</content><note type="source"><p>Source Note: The provisions of this §230.37 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective October 13, 2019, 44 TexReg 5767.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scD/s230.39"><num value="230.39">§230.39</num><heading>Enhanced Standard Certificates</heading><content>(a) General provisions.(1) Certificate classes. An enhanced standard certificate may be issued for the teacher class of certificate.(2) Requirement to hold an enhanced standard certificate. A candidate who has completed a residency in accordance with §228.65 of this title (relating to Residency) must hold an enhanced standard certificate to be employed by a school district to teach the majority of the instructional day in an academic instructional setting and to evaluate student achievement and assign grades.(b) Requirements for issuance. An enhanced standard certificate may be issued to an individual who meets the conditions and requirements prescribed in this subsection.(1) Bachelor's degree. Except as otherwise provided in rules of the State Board for Educator Certification (SBEC) related to certain career and technical education certificates based on skill and experience, an individual must hold a bachelor's degree or higher from an accredited institution of higher education to be eligible for the enhanced standard certificate. An individual who has earned a degree outside the United States must provide an original, detailed report or course-by-course evaluation for all college-level credits prepared by a foreign credential evaluation service recognized by the Texas Education Agency (TEA). The evaluation must verify that the individual holds, at a minimum, the equivalent of a bachelor's degree issued by an accredited institution of higher education in the United States.(2) General certification requirements. The individual must meet the general certification requirements prescribed in §230.11 of this title (relating to General Requirements).(3) Fee. The individual must pay the fee prescribed in §230.101 of this title (relating to Schedule of Fees for Certification Services).(4) Fingerprints. The individual must submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and Texas Education Code (TEC), §22.0831.(5) Residency. The individual must complete a residency in accordance with Chapter 228 of this title (relating to Requirements for Educator Preparation Programs), meet proficiency thresholders on teacher competencies as prescribed in §228.65(f) of this title, and be recommended by an approved educator preparation program by the application and issuance deadlines for the certificate.(6) Content pedagogy examination. The individual must receive a passing score on comprehensive content pedagogy examinations prescribed by the SBEC as specified in §230.21 of this title (relating to Educator Assessment).(c) Validation period. The enhanced standard certificate shall be valid for five years, subject to the requirements of Chapter 232, Subchapter A, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).</content><note type="source"><p>Source Note: The provisions of this §230.39 adopted to be effective May 19, 2024, 49 TexReg 3551.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scD/s230.41"><num value="230.41">§230.41</num><heading>Visiting International Teacher Certificates</heading><content>(a) For purposes of this subsection, Visiting International Teacher Program is defined as a J-1 Visa Exchange Visitor Program officially approved by the United States Department of State.(b) The State Board for Educator Certification will issue a visiting international teacher certificate to an individual who meets the conditions and requirements specified in this subsection. The individual must:(1) meet appropriate requirements prescribed in §230.11(b)(1)-(4) of this title (relating to General Requirements);(2) be recommended for certification by a school district participating in a Visiting International Teacher Program;(3) hold valid teaching credentials from the country of origin based, at a minimum, on the equivalent of a bachelor's degree issued by an institution of higher education in the United States accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board or by the U.S. Department of Education;(4) demonstrate English language proficiency and subject matter competence in subject area(s) taught, as verified by the Visiting International Teacher Program sponsor and the employing school district;(5) have criminal activity clearance from country of origin;(6) pay appropriate fee prescribed by §230.101 of this title (relating to Schedule of Fees for Certification Services); and(7) submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code, §22.0831.(c) School districts that recommend educators for visiting international teacher certificates agree to provide the visiting international teachers with intensive supervision consisting of structured guidance and regular ongoing support through a mentoring program.(d) The Texas Education Agency (TEA) staff shall establish reasonable procedures to implement this section.(e) The visiting international teacher certificate is valid for three years and may be extended two additional years, for a maximum total of five years, for all candidates actively enrolled in and in good standing with a Visiting International Teacher Program as verified by the employing school district.(f) Issuance of a visiting international teacher certificate does not prohibit issuance of a one-year certificate following a successful review of credentials, as specified in Chapter 245 of this title (relating to Certification of Educators from Other Countries).</content><note type="source"><p>Source Note: The provisions of this §230.41 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective December 23, 2018, 43 TexReg 8108.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scE"><num value="E">SUBCHAPTER E</num><heading>EDUCATIONAL AIDE CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.51"><num value="230.51">§230.51</num><heading>Policy</heading><content>An individual employed in a Texas school district as an educational aide must be certified according to requirements established by the State Board for Educator Certification.</content><note type="source"><p>Source Note: The provisions of this §230.51 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.53"><num value="230.53">§230.53</num><heading>Procedures in General</heading><content>(a) School district administrators have the authority and responsibility to determine the number of educational aides and level of job performance desired for the operation of the school district. The school district administrator is responsible for preparing accurate job descriptions for each assignment, classifying each assignment, and filling these assignments with individuals certified according to this subchapter.(b) An appropriate educational aide certificate shall be issued to a qualified individual who is recommended by the employing superintendent or his or her designee and who meets the requirements of this subchapter. The school district shall submit a completed application and recommendation for an educational aide certificate to Texas Education Agency (TEA) staff. The applicant shall pay the designated fee.(c) The applicant for an educational aide certificate must be able to communicate, listen, read, write, and comprehend the English language sufficiently to use it easily and readily in daily communication as determined by the employing school district.(d) An individual with experience in other states must have that experience verified on a teacher service record when he or she is employed in a Texas school district.(e) An applicant for an educational aide certificate is subject to the provisions in §230.11(b)(1)-(4) of this title (relating to General Requirements).(f) An individual who holds a valid Texas classroom teaching certificate may serve as an educational aide without obtaining an educational aide certificate.(g) An individual seeking a higher level of educational aide certificate must submit a completed online application and payment and be recommended for issuance at the higher level by the employing school district.</content><note type="source"><p>Source Note: The provisions of this §230.53 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective December 23, 2018, 43 TexReg 8108.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.55"><num value="230.55">§230.55</num><heading>Certification Requirements for Educational Aide I</heading><content>An applicant for an Educational Aide I certificate shall meet the requirements in either paragraphs (1) and (2) of this section or paragraphs (3) and (4) of this section as follows:(1) hold a high school diploma, the equivalent of a high school diploma, or higher; and(2) have experience working with students or parents as approved by the employing superintendent. Experience may be work in church-related schools, day camps, youth groups, private schools, licensed daycare centers, or similar experience; or(3) be a high school student 18 years of age or older; and(4) have a final grade of 70 or better in two or more education and training courses specified in Chapter 127, Subchapter G, of Part 2 of this title (relating to Education and Training) for three or more credits verified in writing by the superintendent of the district in which the credits were earned. The education and training courses must include:(A) Human Growth and Development, as described in §127.311 of Part 2 of this title (relating to Human Growth and Development (One Credit), Adopted 2015); or(B) Child Development, as described in §127.317 of Part 2 of this title (relating to Child Development (One Credit), Adopted 2021); or(C) Child Guidance, as described in §127.318 of Part 2 of this title (relating to Child Guidance (Two Credits), Adopted 2021); or(D) Practicum in Early Learning, as described in §127.320 of Part 2 of this title (relating to Practicum in Early Learning (Two Credits), Adopted 2021); or(E) Human Growth and Development, as described in §127.323 of Part 2 of this title (relating to Human Growth and Development (One Credit), Adopted 2021); or(F) Communication and Technology in Education, as described in §127.324 of Part 2 of this title (relating to Communication and Technology in Education (One Credit), Adopted 2021); or(G) Instructional Practices, as described in §127.325 of Part 2 of this title (relating to Instructional Practices (Two Credits), Adopted 2021); or(H) Practicum in Education and Training, as described in §127.326 of Part 2 of this title (relating to Practicum in Education and Training (Two Credits), Adopted 2021).</content><note type="source"><p>Source Note: The provisions of this §230.55 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective May 17, 2020, 45 TexReg 3288; amended to be effective October 6, 2022, 47 TexReg 6433.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.57"><num value="230.57">§230.57</num><heading>Certification Requirements for Educational Aide II</heading><content>An applicant for an educational aide II certificate shall:(1) hold a high school diploma, the equivalent of a high school diploma, or higher;(2) have satisfied one of the following requirements:(A) have two creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), as an educational aide I;(B) have completed a minimum of 15 semester credit hours of college credit with some emphasis on child growth and development or related subject areas; or(C) have demonstrated proficiency in a specialized skill area as determined by the school district; and(3) have experience working with students or parents as approved by the employing superintendent.</content><note type="source"><p>Source Note: The provisions of this §230.57 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.59"><num value="230.59">§230.59</num><heading>Certification Requirements for Educational Aide III</heading><content>An applicant for an educational aide III certificate shall:(1) hold a high school diploma, the equivalent of a high school diploma, or higher;(2) have satisfied one of the following requirements:(A) have three creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), as either an educational aide I or II; or(B) have completed 30 semester credit hours of college credit with some emphasis on child growth and development or related subject areas; and(3) have experience working with students or parents as approved by the employing superintendent.</content><note type="source"><p>Source Note: The provisions of this §230.59 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.61"><num value="230.61">§230.61</num><heading>Role Descriptions</heading><content>School districts shall use the following guidelines to assign educational aides.(1) Educational Aide I: performs routine tasks under the direction and supervision of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher with clerical operations; helps the teacher supervise students in routine movement from one recreational activity to another; helps supervise the playground, bus, and lunchroom; helps the teacher prepare and use instructional media; duplicates instructional materials for teachers; performs classroom clerical operations under the supervision of a certified teacher; or performs equivalent activities determined by the local school district.(2) Educational Aide II: performs tasks under the general supervision of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher prepare and use instructional materials; conducts drills and exercises as directed by the teacher; helps administer and score objective measurement instruments; helps the teacher work with individual students and groups; duplicates materials; records grades and attendance; prepares instructional materials, including displays and mockups; assists with play area activities; helps operate and use educational media; assists with testing routines; works with individual students in drills and exercises; conducts group drills and exercises; assists students with programmed or precise units of instruction; or performs equivalent activities determined by the local school district.(3) Educational Aide III: performs and assumes responsibility for tasks under the general guidance of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher implement methodology and use instructional media to yield an educational environment for all students; assists the teacher with instructional activities; works with individuals or groups of students in a variety of educational experiences; relieves the teacher of selected exercises and instructional drills with students; or performs equivalent activities determined by the local school district.</content><note type="source"><p>Source Note: The provisions of this §230.61 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.63"><num value="230.63">§230.63</num><heading>Validity Period of Educational Aide Certificates</heading><content>(a) Educational aide certificates issued prior to September 1, 2017, are valid for five years and are not eligible for renewal.(b) Educational aide certificates issued after August 31, 2017, are valid for two years and are not eligible for renewal.(c) Effective September 1, 2017, individuals seeking to transfer from one level of educational aide certificate to another level are not required to renew expired educational aide certificates.</content><note type="source"><p>Source Note: The provisions of this §230.63 adopted to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scE/s230.65"><num value="230.65">§230.65</num><heading>Requirements for Reissuance of Educational Aide Certificates</heading><content>(a) Effective September 1, 2017, educational aide certificates will expire at the end of their validity period and are not subject to renewal.(b) To be eligible for reissuance of an educational aide certificate following the expiration of an educational aide certificate, a candidate shall submit a new online application and payment and be recommended by the employing school district.</content><note type="source"><p>Source Note: The provisions of this §230.65 adopted to be effective December 27, 2016, 41 TexReg 10309.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scF"><num value="F">SUBCHAPTER F</num><heading>PERMITS</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.71"><num value="230.71">§230.71</num><heading>General Provisions</heading><content>(a) In accordance with the provisions of this subchapter, emergency permits are issued under the authority of the State Board for Educator Certification (SBEC).(b) Effective with the 2017-2018 school year, an emergency permit will limit an individual to one year of service and no renewal will be allowed.(c) The one-year limitation on permits referenced in subsection (b) of this section does not apply to individuals serving in the position of Junior Reserve Officer Training Corps (JROTC) instructor or teachers of students with visual impairments. As indicated in §230.77(g)(4)(B) of this title (relating to Specific Requirements for Initial Emergency Permits), emergency permits for JROTC instructors must be reissued every year. Emergency permits for visual impairments referenced in §230.77(f)(2)(B) of this title may be renewed a maximum of two years.(d) Under this subchapter, a superintendent or his or her designee who cannot secure an appropriately certified and qualified individual to fill a vacant position may activate an emergency permit for an individual who does not have one of the appropriate credentials required for the assignment as specified in Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments). The superintendent or his or her designee must:(1) document locally the efforts the school district or open-enrollment charter school has taken to employ an appropriately certified individual in the position for which an emergency permit is activated;(2) apply for an emergency permit when a vacant position is filled with an uncertified or inappropriately certified individual who will serve as the teacher of record or will serve in the assignment for more than 30 consecutive instructional days. The application must be submitted to the Texas Education Agency (TEA) within 45 instructional days of the date of assignment;(3) verify that the school district or open-enrollment charter school maintains a support system, has assigned a trained mentor, and will provide release time as needed to assist the individual serving on an emergency permit. (A school district shall not be required to provide a mentor for a degreed, certified teacher assigned on an emergency permit if the teacher has one or more creditable years experience within the school district, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service)); and(4) verify that the individual for whom the emergency permit is activated has been advised of the SBEC rules regarding permits and permit renewal requirements in this subchapter.(e) A certified teacher must consent to the activation of an emergency permit and be advised of the conditions of the emergency permit. A teacher who refuses to consent to activation of an emergency permit may not be terminated or nonrenewed or otherwise retaliated against because of the teacher's refusal to consent to the activation of the emergency permit. However, a teacher's refusal to consent shall not impair a school district's right to implement a necessary reduction in force or other personnel actions in accordance with local school district or open-enrollment charter school policy.(f) An emergency permit is authorized for the school district or open-enrollment charter school for a specific assignment and is not the property of the individual for whom the emergency permit was activated.(g) If an emergency permit authorized by the SBEC is not used, the school district or open-enrollment charter school shall notify TEA staff by email.(h) An emergency permit may be authorized on a hardship basis for an individual who does not meet all emergency permit requirements as listed in §§230.75, 230.77, and 230.81 of this title (relating to General Eligibility Requirements for Emergency Permits, Specific Requirements for Initial Emergency Permits, and Renewal Requirements and Procedures) only if approval has been granted and email notification received from the TEA staff. The school district must:(l) document local conditions requiring the assignment of an individual who does not meet emergency permit requirements;(2) verify that the deficiencies for the certificate sought do not exceed 36 semester credit hours; and(3) verify:(A) that the individual will be enrolled in the first available course listed on the certification plan; or(B) registration for the next available administration of the appropriate content specialization portion of the certification examination for an individual who holds a valid Texas classroom teaching certificate and a bachelor's degree or higher from an accredited institution of higher education and is placed in an assignment requiring a different classroom teaching certificate.(i) The school district is not required to comply with the requirements of this subchapter if an uncertified individual is assigned for a certified teacher that will be absent for more than 30 consecutive instructional days due to documented health related reasons and has expressed the intention to return to the assignment. The school district must comply with the Texas Education Code, §21.057, pertaining to parental notification.(j) Candidates who hold an intern certificate under the provisions of §230.36 of this title (relating to Intern Certificates) or a probationary certificate under the provisions of §230.37 of this title (relating to Probationary Certificates) may be employed on an emergency permit during the validity of the intern certificate or probationary certificate, if the emergency permit is being issued in a certificate area not available through the educator preparation program that provided recommendation for the intern certificate or probationary certificate.</content><note type="source"><p>Source Note: The provisions of this §230.71 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.73"><num value="230.73">§230.73</num><heading>Validity of Emergency Permits</heading><content>(a) The validity date of an emergency permit activated and authorized under this subchapter is specified in §230.97 of this title (relating to Effective Dates of Certificates and Permit Issuance).(b) An emergency permit is valid for the remainder of the school year for which it is activated and authorized by the State Board for Educator Certification (SBEC). The emergency permit must be submitted to the Texas Education Agency staff within 45 instructional days from the date of assignment.(c) An emergency permit authorized by the SBEC is valid for service only in the requesting school district and only for the assignments indicated on the emergency permit application.(d) Effective with the 2017-2018 school year, the employment of an individual on an emergency permit, with the exception of the assignment as a Junior Reserve Officer Training Corps instructor or a teacher of students with visual impairments, may not exceed one school year in the same assignment.(e) Prior to the 2017-2018 school year, the individual may serve in a specific assignment no more than one additional school year beyond the initial emergency permit. To continue beyond the initial emergency permit year, the individual must comply with the renewal provisions specified in §230.81 of this title (relating to Renewal Requirements and Procedures).(f) Effective with the 2017-2018 school year, renewal provisions specified in §230.81 of this title will no longer apply for emergency permits, with the exception of teachers of students with visual impairments.(g) Effective with the 2017-2018 school year, to continue employment in the assignment beyond the validity of the initial emergency permit, the individual must hold the appropriate certificate, in accordance with Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments). An individual may not serve as a classroom teacher of record in the Texas school district for more than three school years without obtaining initial, standard certification.</content><note type="source"><p>Source Note: The provisions of this §230.73 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.75"><num value="230.75">§230.75</num><heading>General Eligibility Requirements for Emergency Permits</heading><content>An individual for whom an emergency permit is activated must meet the following criteria.(1) The individual must hold a bachelor's degree or higher from an accredited institution of higher education.(A) For a career and technical education assignment requiring certification based on both an associate's or more advanced degree and experience in an occupational area to be taught, such as health science technology education or health science, or a bachelor's degree or higher and experience in the occupational area to be taught such as marketing education, the individual must have completed the degree requirement and have specified work experience.(B) For a trade and industrial education assignment, the individual must have specified work experience in lieu of a bachelor's degree.(2) The individual must be at least 18 years of age.(3) The individual must be able to communicate and understand the English language sufficiently to use it easily and readily in daily communication and teaching, as specified in §230.11 of this title (relating to General Requirements).(4) The individual must be of good moral character. The State Board for Educator Certification may refuse to authorize an emergency permit for an individual, applying the same standards that would be applied to the administrative denial of an applicant for certification under §249.12 of this title (relating to Administrative Denial; Appeal).(5) The individual must submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.</content><note type="source"><p>Source Note: The provisions of this §230.75 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.77"><num value="230.77">§230.77</num><heading>Specific Requirements for Initial Emergency Permits</heading><content>(a) General provisions. An individual for whom an emergency permit is activated must:(1) have completed the appropriate semester credit hours or equivalent contact hours required for the emergency permit sought as specified in this section, or, for a degreed, certified teacher, have passed the appropriate content specialization portions of the appropriate certification examination required for the target certificate; and(2) have satisfied the appropriate experience requirement specified in this section for the emergency permit sought.(b) Assignments to elementary grades (Early Childhood-Grade 6) (general education). The individual must have completed 12 semester credit hours in a combination of subjects directly related to the elementary curriculum, 12 semester credit hours in elementary education, or any combination of these areas of study. Subjects related to the elementary curriculum include, but are not limited to, art, English language arts, health, mathematics, music, physical education, reading, science, social studies, technology applications, and theatre arts.(c) Assignments to secondary grades (Grades 7-12) (general education).(1) An emergency permit may be activated for an individual not certified at the secondary level provided the individual has completed:(A) 24 semester credit hours in the subject to be taught; or(B) 24 semester credit hours toward a composite teaching field appropriate for the assignment, including at least twelve semester credit hours in the subject to be taught.(2) A Temporary Classroom Assignment Permit (TCAP) may be activated for a teacher certified at the secondary level assigned to a subject area not covered by the certificate. The school district is not required to file the TCAP with the Texas Education Agency staff. The TCAP must be maintained in the school district personnel records.(A) A TCAP must be activated for each class period taught by an individual who is assigned to one or more class periods in an area not covered by the certificate held. The individual must have completed twelve semester credit hours in the specific subject area(s) to be taught. In the case of an assignment in mathematics or science, an individual must have completed fifteen semester hours in the specific subject area(s) to be taught. A TCAP may be activated for no more than four class periods.(B) The TCAP is valid for one school year and is not renewable except in the event that the TCAP was issued for fewer than 90 calendar days before the last day of student instruction in the prior school year.(C) For assignments that exceed four class periods, or for individuals who have not completed the minimum semester credit hours in the subject area(s) to be taught, approval must by granted by the TEA; however, in no event may an individual with six or fewer semester credit hours in the specific subject area to be taught be approved.(d) Assignments to all grade levels (Early Childhood-Grade 12) (general education).(1) An individual must have completed 24 semester credit hours in the subject area to be taught.(2) This section will apply to all general education subject areas that are available as Early Childhood-Grade 12 certificates.(e) Assignments to career and technical education programs.(1) Agriculture, food, and natural resources assignments. An individual must:(A) hold a bachelor's degree or higher from an accredited institution of higher education; and(B) have completed 24 semester credit hours in agriculture, food, and natural resources coursework.(2) Health science assignments. An individual must:(A) hold an associate's degree or more advanced degree from an accredited institution of higher education;(B) be currently licensed, certified, or registered (requiring two years of college education) by a state-authorized or nationally recognized accrediting agency as a professional practitioner in one or more health occupations for which instruction is offered; and(C) have an approved statement of qualifications verifying two years of full-time employment in an accredited health care facility or agency while holding the license specified in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)).(3) Family and consumer sciences assignments. An individual must:(A) hold a bachelor's degree or higher from an accredited institution of higher education; and(B) have completed 24 semester credit hours in family and consumer sciences coursework.(4) Marketing assignments. An individual must:(A) hold a bachelor's degree or higher from an accredited institution of higher education;(B) have completed 24 semester credit hours in marketing coursework; and(C) have an approved statement of qualifications verifying two years of full-time wage-earning experience in marketing occupations for which training is offered at the secondary level.(5) Business and finance assignments. An individual must:(A) hold a bachelor's degree or higher from an accredited institution of higher education; and(B) have completed 24 semester credit hours in business and finance coursework.(6) Trade and industrial education assignments.(A) Option I. An individual must:(i) hold a bachelor's degree or higher from an accredited institution of higher education; and(ii) have an approved statement of qualifications verifying two years of full-time wage-earning experience earned within the past ten years in one or more approved occupations for which instruction is offered. Up to 18 months of the wage-earning experience can be met through a formal documented internship.(B) Option II. An individual must:(i) hold an associate's degree from an accredited institution of higher education; and(ii) have an approved statement of qualifications verifying two years of full-time wage-earning experience earned within the past ten years in one or more approved occupations for which instruction is offered.(C) Option III. An individual must:(i) hold a high school diploma, the equivalent of a high school diploma, or higher; and(ii) have an approved statement of qualifications verifying five years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered.(D) Additional requirements.(i) An individual must hold a current licensure, certification, or registration by a state-authorized or nationally recognized accrediting agency as a professional practitioner in one or more approved occupations for which instruction is offered. Licensure, certification, or registration by a state-authorized or nationally recognized accrediting agency must be based on a recognized test or measurement or on passing the appropriate National Occupational Competency Testing (NOCTI) assessment.(ii) A cosmetology teacher must:(I) have three years of full-time wage-earning experience as a licensed cosmetologist; and(II) currently be licensed as a cosmetology instructor by the Texas Department of Licensing and Regulation.(iii) Wage-earning experience must be approved by the certification officer of the approved Texas educator preparation program (EPP).(f) Assignments for special populations.(1) English language learners (ELLs).(A) Bilingual education.(i) An individual who holds a bachelor's degree or higher from an accredited institution of higher education and is certified at the appropriate level must:(I) have completed six semester credit hours in the language of the approved bilingual education program; or(II) demonstrate proficiency in comprehension and expression in the language of the target population by having a passing score on an appropriate State Board for Educator Certification (SBEC)-approved examination.(ii) An individual who holds a bachelor's degree or higher from an accredited institution of higher education but is not certified must:(I) meet the requirements for the grade level of assignment, as described in subsections (b)-(d) of this section;(II) be currently enrolled in an approved Texas EPP for bilingual education; and(III) have satisfied one of the following requirements:(-a-) completed 12 semester credit hours in the language of the target population, bilingual education, or a combination of the two subject areas; or(-b-) demonstrated proficiency in comprehension and expression in the language of the target population by having a passing score on an appropriate SBEC-approved examination.(B) English as a second language (ESL). An individual must:(i) hold a bachelor's degree or higher from an accredited institution of higher education;(ii) be currently certified for the grade level to be taught; and(iii) have satisfied one of the following requirements:(I) have completed six semester credit hours in an approved ESL program; or(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service).(2) Students with special learning needs.(A) Auditory impairments. An individual must:(i) hold a bachelor's degree or higher from an accredited institution of higher education;(ii) have completed six semester credit hours directly related to teaching students with auditory impairments;(iii) have demonstrated competence in the specific communication method used in the classroom setting with students with auditory impairments; and(iv) have verified that the employing school district, cooperative, or education service center (ESC) has one or more fully certified teachers for students with auditory impairments available as a mentor and to provide support.(B) Visual impairments. An individual must:(i) hold a valid Texas classroom teaching certificate based on a bachelor's degree or higher from an accredited institution of higher education;(ii) have satisfied the following requirements:(I) have completed six semester credit hours directly related to teaching students with visual impairments; and(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title;(iii) have demonstrated competency in literary Braille and basic Nemeth Code by passing the approved Braille examination, holding certification as a literary Braille transcriber by the Library of Congress, or completing one university course in Braille; and(iv) have verified that the employing school district, cooperative, or ESC has one or more fully certified teachers of students with visual impairments available as a mentor and to provide support.(C) Home-based instruction or instruction in a hospital class. An individual must:(i) be currently certified based on a bachelor's degree from an accredited institution of higher education; and(ii) have one creditable year of teaching experience, as defined in Chapter 153, Subchapter CC, of this title.(D) Special education (Early Childhood-Grade 12).(i) An individual who holds a bachelor's degree or higher from an accredited institution of higher education and is certified at the appropriate grade level must:(I) have completed six semester credit hours directly related to teaching children with special learning needs; or(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.(ii) An individual who holds a bachelor's degree or higher from an accredited institution of higher education, but is not certified must:(I) for elementary assignments (Early Childhood-Grade 6), meet requirements for the level of assignment as stated in subsection (b) of this section and have completed 18 semester credit hours directly related to teaching children with special learning needs; or(II) for secondary assignments (Grades 7-12), have completed 24 semester credit hours directly related to teaching children with special learning needs.(g) Assignments for other instructional and support personnel.(1) School counselor (Early Childhood-Grade 12). An individual must:(A) hold a bachelor's degree or higher from an accredited institution of higher education;(B) have completed 24 semester credit hours of graduate-level credit, including 12 semester credit hours in guidance and counseling; and(C) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.(2) Educational diagnostician (Early Childhood-Grade 12). An individual must:(A) hold a bachelor's degree or higher from an accredited institution of higher education;(B) have completed 30 semester credit hours of graduate-level credit in the field of education or a related field, including six semester credit hours in tests and measurements, at least three semester credit hours of which emphasized individualized testing;(C) have completed six semester credit hours directly related to teaching individuals with special learning needs; and(D) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.(3) School librarian (Early Childhood-Grade 12). An individual must:(A) hold a bachelor's degree or higher from an accredited institution of higher education;(B) have completed 12 semester credit hours directly related to the basic competencies required of school librarians; and(C) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.(4) Junior Reserve Officer Training Corps (JROTC) instructor.(A) An individual must verify that he or she has satisfied the requirements and been approved to serve by the appropriate military branch.(B) A JROTC instructor permit may not be renewed, but must be reissued every year.</content><note type="source"><p>Source Note: The provisions of this §230.77 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.79"><num value="230.79">§230.79</num><heading>Procedures for Activation of Initial Emergency Permits</heading><content>(a) For all assignments (except career and technical education assignments based on skill and experience). The employing superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit as described in §230.75 of this title (relating to General Eligibility Requirements for Emergency Permits) and §230.77 of this title (relating to Specific Requirements for Initial Emergency Permits) and submit online to the Texas Education Agency (TEA) staff the following information within 45 instructional days of assignment:(1) a completed online emergency permit application;(2) one of the following:(A) a certification plan from an approved Texas educator preparation program (EPP) verifying that the individual meets the grade point average requirement for admission to the EPP and a listing of the preparation, student teaching/internship, and/or assessment activities required to obtain certification in the assignment for which the emergency permit application has been submitted; or(B) verification of registration for the next available and practicable administration of the appropriate content area certification examination(s) for an individual who:(i) holds a bachelor's degree or higher from an accredited institution of higher education;(ii) is already certified in another classroom teaching content area; and(iii) is placed in an assignment requiring a different classroom teaching certificate; and(3) the appropriate fee (payable by the school district).(b) For career and technical education assignments based on skill and experience. The employing superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit as described in §230.75 and §230.77 of this title and submit online to the TEA staff the following information within 45 instructional days of assignment:(1) a completed online emergency permit application;(2) a copy of the individual's statement of qualifications, approved by the certification officer of a Texas EPP approved to prepare career and technical education teachers, verifying appropriate work experience in the occupation or trade area to be taught as specified in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area));(3) acceptable license, registration, or certification by a state-authorized or nationally recognized agency in an occupational area appropriate for the assignment;(4) a certification plan from an approved Texas EPP for the career and technical education certificate appropriate for the assignment; and(5) the appropriate fee (payable by the school district).</content><note type="source"><p>Source Note: The provisions of this §230.79 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.81"><num value="230.81">§230.81</num><heading>Renewal Requirements and Procedures</heading><content>General provisions.(1) The employing superintendent or his or her designee or authorized representative of a school district may renew an emergency permit for the same assignment in the same school district for which the initial emergency permit was activated.(2) No individual may continue in the same assignment for more than one school year of service on an emergency permit, except as provided in paragraph (4) of this section.(3) The total of semester credit hours or the equivalent contact hours required to obtain certification appropriate for the assignment shall determine the number of emergency permit renewals for which the individual may be eligible. The following schedule shall determine eligibility for emergency permit renewal.(A) For six semester credit hours or less plus appropriate examination requirements, an individual is not eligible for renewal.(B) For seven semester credit hours or more plus appropriate examination requirements, an individual is eligible for one renewal.(4) Effective with the 1998-1999 school year, emergency permits used fewer than 90 calendar days may be renewed for one additional year of service, if needed.(5) The superintendent or his or her designee or authorized representative may renew an emergency permit provided the following requirements and procedures are met.(A) The emergency permit must be renewed for the same assignment in the same school district.(B) Official transcripts verifying completion of a minimum of six semester credit hours or documentation of completion of equivalent contact hours toward the appropriate target certificate must be placed in the individual's personnel file.(C) If the individual has not completed permit renewal requirements as indicated in paragraph (3) of this section, the superintendent or his or her designee must obtain hardship approval from the Texas Education Agency prior to continuation of the assignment.(D) The appropriate renewal of the emergency permit application must be completed online prior to the beginning date of duties for the current school year.(E) The school district shall pay the appropriate fee.</content><note type="source"><p>Source Note: The provisions of this §230.81 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.83"><num value="230.83">§230.83</num><heading>Nonrenewable Permits</heading><content>(a) The superintendent or his or her designee of a school district may activate a nonrenewable permit for an individual who has not completed the appropriate examination requirements specified in §230.21 of this title (relating to Educator Assessment).(b) A nonrenewable permit may be activated for an individual in one or more of the following categories:(1) an individual who has completed all course and degree requirements of a Texas educator preparation program specified in this chapter except for successful completion of all appropriate examination requirements. Nonrenewable permits activated for individuals in this category expire 12 months from the date of activation; or(2) an individual who holds a Texas teacher certificate with an effective date before February 1, 1986, but has not revalidated the certificate for employment purposes by passing an examination specified in this chapter. The individual must not have been employed in a Texas school district since the start of the 1985-1986 school year. A nonrenewable permit activated for an individual in this category expires six months from the date of activation or at the end of the school year, whichever is less; or(c) A nonrenewable permit may not be activated for an individual in the same assignment area for which another permit had previously been authorized.(d) The employing superintendent or his or her designee or authorized representative must verify that an individual is eligible for the permit under this section and submit the following information within 45 calendar days of assignment:(1) an application for a nonrenewable permit completed before the effective date of the assignment; and(2) the appropriate fee (payable by the school district).</content><note type="source"><p>Source Note: The provisions of this §230.83 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scF/s230.85"><num value="230.85">§230.85</num><heading>Emergency Certificates</heading><content>The permits contained in this subchapter fulfill the provision stated in the Texas Education Code, §21.041(b)(2), concerning emergency certificates.</content><note type="source"><p>Source Note: The provisions of this §230.85 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scG"><num value="G">SUBCHAPTER G</num><heading>CERTIFICATE ISSUANCE PROCEDURES</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.91"><num value="230.91">§230.91</num><heading>Procedures in General</heading><content>(a) The State Board for Educator Certification (SBEC), in compliance with SBEC rules, shall issue appropriate certificates to qualified individuals who meet all requirements.(1) The certificate shall identify the name of the holder, the class, grade levels, subject areas, and validity periods of all certificates issued, and reflect, if applicable, disciplinary history taken by the SBEC.(2) A certificate that is issued shall be maintained in a printable format on the Texas Education Agency (TEA) website on behalf of the SBEC.(b) Permanent records of all certificates, permits, and supporting documentation shall be maintained by the TEA staff.(c) An applicant for or holder of an educator's certificate shall be responsible for maintaining his or her educator profile with current mailing and email addresses. The applicant for or holder of an educator's certificate must update his or her educator profile within 45 calendar days of the effective date of such change, unless another rule under this title requires earlier notification.(d) The representation of an individual's certificate status as maintained on the TEA website is considered to be the official record of educator certification. This electronic representation of the certificate satisfies Texas Education Code, §21.053(a), which requires individuals to present their certificate prior to employment by a school district.</content><note type="source"><p>Source Note: The provisions of this §230.91 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.93"><num value="230.93">§230.93</num><heading>Candidates of Approved Educator Preparation Programs</heading><content>An appropriate certificate may be issued to a candidate who completes all requirements of a State Board for Educator Certification-approved educator preparation program (EPP). The candidate must complete the appropriate application and pay the designated fee. The certification officer representing the approved EPP shall submit to the Texas Education Agency staff a recommendation for the issuance of the appropriate certificate, not earlier than the date on which all requirements were completed, and by the recommendation deadlines for issuance of the certificate.</content><note type="source"><p>Source Note: The provisions of this §230.93 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.97"><num value="230.97">§230.97</num><heading>Effective Dates of Certificates and Permit Issuance</heading><content>(a) Issuance date of a certificate.(1) The date of issuance shall not precede the date all certification requirements are completed.(2) The issuance date of a certificate recommended by an approved educator preparation program (EPP) shall be the date the recommending EPP verifies that the applicant has satisfied all certification requirements.(3) A certificate shall not become effective more than 60 calendar days before the Texas Education Agency (TEA) staff receives the application and may not precede the date all certification, degree, and examination requirements are completed.(4) A certificate shall be valid for the entire month in which it is issued.(b) Effective date of a permit.(1) A permit shall become effective on the date of the assignment, provided the TEA staff receives the application within 60 calendar days of the date of the assignment.(2) If the permit application is completed and signed by the applicant and superintendent or his or her designee on the date teaching duties begin, the application may be kept in the school district's files until all materials for submission are acquired. A permit held by a school district shall not become effective more than 60 calendar days before the TEA staff receives the application.(3) The school district shall be notified regarding eligibility for the permit. Coverage will not be provided to the school district for the employment of an individual who is ineligible for the permit requested.(c) Authority to alter dating procedures. A certificate or permit may become effective more than 60 calendar days before the TEA staff receives an application if the appropriate official or authority documents his or her responsibility for the delay. A fee equal to the fee for the original certificate or permit may be assessed for altering the effective date of a certificate or permit, provided sufficient justification for the correction is provided.</content><note type="source"><p>Source Note: The provisions of this §230.97 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.99"><num value="230.99">§230.99</num><heading>Fees for Certification Services</heading><content>(a) The fees for certification services shall be based on a study conducted periodically by the State Board for Educator Certification of the actual costs of the services.(b) The fees for authorizing a permit shall be paid by the requesting school district.(c) The certificate of an applicant who does not pay the applicable certification fee, either by failing to remit full payment or by sending a check that is dishonored, shall be placed on inactive status if the applicant does not pay the full certification fee and any related processing fees within 60 calendar days from the date the notice of payment deficiency is sent to the applicant. The inactive status of a certificate will render the certificate holder ineligible for employment in a Texas school district. A certificate placed on inactive status in accordance with the provisions of this subsection will be returned to active status upon receipt of full payment of all applicable fees, unless the term of the certificate has already expired.</content><note type="source"><p>Source Note: The provisions of this §230.99 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.101"><num value="230.101">§230.101</num><heading>Schedule of Fees for Certification Services</heading><content>(a) An applicant for a certificate or a school district requesting a permit shall pay the applicable fee from the following list.(1) Educational aide certificate:(A) prior to September 1, 2017--$30; and(B) after August 31, 2017--$15.(2) Standard certificate--$75.(3) Enhanced standard certificate--$75.(4) Probationary or intern certificate:(A) prior to September 1, 2017--$50; and(B) after August 31, 2017--$75.(5) Addition of certification based on completion of appropriate examination--$75.(6) Review of a credential issued by a jurisdiction other than Texas (nonrefundable):(A) prior to September 1, 2016--$175; and(B) after August 31, 2016--$160.(7) One-year certificate based on a credential issued by a jurisdiction other than Texas--$50.(8) Emergency permit (nonrefundable)--$55.(9) National criminal history check (nonrefundable)--The fee, posted on the Texas Education Agency website, shall include a $10 criminal history review fee in addition to the current cost of fingerprint scanning, processing, and obtaining national criminal history record information from the Texas Department of Public Safety, its contractors, and the Federal Bureau of Investigation. The same fee will be paid by current certified educators who are subject to a national criminal history check pursuant to Texas Education Code, §§22.082, 22.0831, and 22.0836.(10) Review of the superintendent application for the substitution of managerial experience for the principal certificate requirement (nonrefundable)--$160.(11) On-time renewal of educational aide certificate:(A) prior to September 1, 2017--$10; and(B) after August 31, 2017--no charge.(12) Additional fee for late renewal of educational aide certificate:(A) prior to September 1, 2017--$5; and(B) after August 31, 2017--no charge.(13) Reactivation of an inactive educational aide certificate--$15.(14) Reinstatement following restitution of child support or student loan repayment for educational aide certificate--$20.(15) On-time renewal of a standard certificate--$20.(16) On-time renewal of an enhanced standard certificate--$20.(17) Additional fee for late renewal of a standard certificate--$10.(18) Reactivation of an inactive standard certificate--$40; except for an inactivation pursuant to §232.9 of this title (relating to Inactive Status and Late Renewal).(19) Reinstatement following restitution of child support or student loan repayment--$50.(20) Visiting international teacher certificate--$75.(21) Request for preliminary criminal history evaluation (nonrefundable)--$50.(b) The fee for correcting a certificate or permit when the error is not made by the Texas Education Agency shall be equal to the fee for the original certificate or permit.(c) An individual registering to take certification tests shall pay the applicable fee(s) from the following list of categories:(1) Selected Response-Only Assessments--$116.(2) Single Subject Area Tests (801-809)--$58.(3) Enhanced Selected-Response/Constructed-Response Assessments for Tests (801-809)--$70.(4) Enhanced Selected-Response/Constructed-Response Assessments--$136.(5) Enhanced Selected-Response/Constructed-Response Administrator and Student Services Assessments--$200.(6) Performance-Based Assessments for teachers--$311.(7) Performance-Based Assessments for teachers, retake per task--$111.(d) An individual registering to take a content certification examination prior to admission to an educator preparation program shall pay the applicable fee(s) from the following list of categories:(1) Content Certification Examinations except American Sign Language (ASL)--$106.(2) Essential Academic Skills Sub-Tests Retake (701-703)--$56.(3) Content Certification Examinations for ASL Sub-Tests (784-785)--$56.</content><note type="source"><p>Source Note: The provisions of this §230.101 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective September 1, 2015, 40 TexReg 5151; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective December 23, 2018, 43 TexReg 8108; amended to be effective October 13, 2019, 44 TexReg 5767; amended to be effective May 19, 2024, 49 TexReg 3551.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.103"><num value="230.103">§230.103</num><heading>E-Pay Supplemental Fee</heading><content>An applicant for a certificate or a school district requesting a permit shall pay a supplemental fee in addition to the fees outlined in §230.101 of this title (relating to Schedule of Fees for Certification Services), for the purpose of recovering the costs of the state electronic Internet portal.</content><note type="source"><p>Source Note: The provisions of this §230.103 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective September 1, 2015, 40 TexReg 5151.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.104"><num value="230.104">§230.104</num><heading>Correcting a Certificate or Permit Issued in Error</heading><content>(a) If a certificate or permit is issued with an incorrect grade level, subject area, or effective date, the recommending entity may request a correction of the certificate or permit by submitting a written request to Texas Education Agency (TEA) staff and a fee equivalent to the fee for the original certificate or permit. The entity must provide sufficient justification for the correction.(b) The request to amend or correct an intern or probationary certificate and the appropriate fee must be submitted to the TEA no later than six weeks from the date of issuance of the certificate or, in the case of a change of assignment, no later than six weeks from the date of the change. Within seven days, the educator must notify the recommending educator preparation program of any change in assignment that may affect the certification category required by the assignment according to the provisions of Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments).</content><note type="source"><p>Source Note: The provisions of this §230.104 adopted to be effective December 27, 2016, 41 TexReg 10309; amended to be effective May 17, 2020, 45 TexReg 3288.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.105"><num value="230.105">§230.105</num><heading>Issuance of Additional Certificates Based on Examination</heading><content>A teacher who holds a valid provisional, professional, standard, or enhanced standard classroom teaching certificate or a valid temporary classroom teaching certificate issued under the provisions of Subchapter H of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States), or Chapter 245 of this title (relating to Certification of Educators from Other Countries), and a bachelor's degree or higher from an accredited institution of higher education may qualify for an additional teaching field or certification to teach at another level by passing the appropriate certification examination(s) for that subject. The teacher must submit the application to add certification based on an examination during the time the certificate is allowed to be issued by the State Board for Educator Certification. The application for the additional certification must be submitted during the validity period of the appropriate Texas classroom teaching certificate. If a teacher holds multiple teaching certificates, all teaching certificates must be active before adding certification by examination. The rule shall not be used to qualify a classroom teacher for:(1) initial certification;(2) the Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certificate;(3) the Early Childhood: Prekindergarten-Grade 3 certificate;(4) the Deafblind Supplemental: Early Childhood-Grade 12 certificate;(5) another class of certificate, as listed in Subchapter D of this chapter (relating to Types and Classes of Certificates Issued); or(6) certification for which no certification examination has been developed.</content><note type="source"><p>Source Note: The provisions of this §230.105 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective May 17, 2020, 45 TexReg 3288; amended to be effective May 19, 2024, 49 TexReg 3551.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scG/s230.107"><num value="230.107">§230.107</num><heading>Requests to Relinquish a Texas Certificate</heading><content>An individual who holds a valid provisional, professional, or standard certificate issued under the provisions of this chapter may request removal of a certificate area(s) he or she no longer wishes to hold.(1) The request to relinquish a certificate must be:(A) submitted by the certificate holder in writing by mail, personal delivery, facsimile, email, or an electronic notification;(B) identify the specific certificate area(s) to be removed from the official record of certification; and(C) include a statement acknowledging his or her understanding that once the certificate area(s) have been removed, they cannot be reinstated.(2) Certificate holders currently under investigation for a "Priority 1" offense as defined in Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) are not eligible to relinquish a Texas certificate(s) under provisions of this subchapter and may not unilaterally surrender a certificate without written consent of a Texas Education Agency staff member authorized by the associate commissioner to execute settlements as designated by the State Board for Educator Certification.</content><note type="source"><p>Source Note: The provisions of this §230.107 adopted to be effective December 27, 2016, 41 TexReg 10309.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c230/scH"><num value="H">SUBCHAPTER H</num><heading>TEXAS EDUCATOR CERTIFICATES BASED ON CERTIFICATION AND COLLEGE CREDENTIALS FROM OTHER STATES OR TERRITORIES OF THE UNITED STATES</heading><section identifier="/us/state/tx/tac/t19/p7/c230/scH/s230.111"><num value="230.111">§230.111</num><heading>General Provisions</heading><content>(a) A Texas educator certificate may be issued to an individual who holds a college degree and an acceptable certificate or credential issued by the authorized licensing agency in another state or territory of the United States and who meets appropriate requirements specified in §230.11 of this title (relating to General Requirements) and elsewhere in this subchapter.(b) The degree held by an applicant from another state or territory of the United States must be equivalent to at least a bachelor's degree or higher issued by an accredited institution of higher education.(c) The certificate or other credential issued by the authorized licensing agency in another state or territory of the United States may not be a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. Specific examination or renewal requirements shall not be considered academic deficiencies.(d) A statement or approval letter issued by the authorized licensing agency in another state or territory of the United States specifying eligibility for full certification upon employment or completion of specified examination requirements shall have the same standing as a certificate.(e) The certificate and areas of certification issued by the authorized licensing agency in another state or territory of the United States must be equivalent to a certificate or grade level that is within the early childhood-Grade 12 level and approved by the State Board for Educator Certification (SBEC). Based on the certificates submitted with the application for review of credentials, the Texas Education Agency (TEA) staff shall identify the certification areas for which the applicant qualifies in Texas. The certificate(s) for which the applicant qualifies may be issued by the TEA staff under the authority of the SBEC.(f) If a Texas examination or certification is scheduled to be eliminated, an individual requesting certification and examination comparability must ensure that the application and all review documentation, including examination scores, are received by TEA staff 60 calendar days before the application submission deadline for the examination and/or certification sought.</content><note type="source"><p>Source Note: The provisions of this §230.111 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective December 23, 2018, 43 TexReg 8108; amended to be effective May 12, 2022, 47 TexReg 2753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scH/s230.113"><num value="230.113">§230.113</num><heading>Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States</heading><content>(a) An applicant for a standard Texas certificate based on a certificate issued in accordance with §230.111 of this title (relating to General Provisions) must:(1) pass the appropriate examination requirements prescribed in the Texas Education Code (TEC), §21.048(a), and §230.21 of this title (relating to Educator Assessment);(2) achieve an acceptable level of performance on an examination(s) that has been determined to be similar to and at least as rigorous as that prescribed in the TEC, §21.048(a), and §230.21 of this title that was administered to the applicant under the authority of another state or territory of the United States. The applicant shall verify in a manner determined by the Texas Education Agency staff the level of performance on acceptable examinations administered under the authority of another state or territory of the United States; or(3) qualify for an exemption from required Texas examinations through provisions in §152.1001 of Part 2 of this title (relating to Exceptions to Examination Requirements for Individuals Certified Outside the State).(b) If all certification requirements are met except the appropriate examination requirements, the applicant may request issuance of a one-year certificate in one or more certification areas authorized on the out-of-state certificate. An applicant who holds only a student services, principal, or superintendent certificate issued in accordance with Chapter 239 of this title (relating to Student Services Certificates), with the exception of Subchapter E (relating to Legacy Master Teacher Certificate); Chapter 241 of this title (relating to Certification as Principal); or Chapter 242 of this title (relating to Superintendent Certificate) may be issued the equivalent Texas certificate. The applicant must verify two creditable years of service in an Early Childhood-Grade 12 public or accredited private school in the specific student services or administrative area sought.(c) After satisfying all requirements, including all appropriate examination requirements, the applicant is eligible to receive the appropriate standard certificate issued under Subchapter D of this chapter (relating to Types and Classes of Certificates Issued).(d) An applicant issued a one-year certificate under this section who does not complete the appropriate examination requirements to establish eligibility for a standard certificate during the validity of the one-year certificate, is not eligible for any type of certificate or permit authorizing employment for the same certificate until he or she has satisfied the appropriate examination requirements. If examination requirements are not met during the validity period of the one-year certificate due to circumstances beyond the control of the educator, the employing school district may request an extension not to exceed one calendar year in length.(e) An applicant shall not be required to complete the content specialization portion of the certification examination in a certification area for which he or she does not seek standard certification unless the examination is required to establish a base classroom teaching certificate. A supplemental certificate, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), may not be issued as a standard certificate unless the educator has established a classroom teaching certificate and may not be added to a one-year certificate.(f) An applicant issued a one-year certificate under this section who, during or subsequent to the validity of the certificate, establishes eligibility for a standard certificate may apply for:(1) a new one-year certificate in another certification area based on an acceptable certificate from another state or territory of the United States; or(2) a second one-year certificate in an area previously authorized on a one-year certificate provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.</content><note type="source"><p>Source Note: The provisions of this §230.113 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective December 27, 2016, 41 TexReg 10309; amended to be effective December 23, 2018, 43 TexReg 8108; amended to be effective May 12, 2022, 47 TexReg 2753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scH/s230.115"><num value="230.115">§230.115</num><heading>Requests for Evaluation of College Credentials</heading><content>(a) A request to evaluate an applicant's credentials for areas of certification that are not identified on the certificate issued in accordance with §230.111 of this title (relating to General Provisions) must be directed to an approved Texas educator preparation program (EPP). The appropriate Texas certificate will be issued upon recommendation by the EPP.(b) An individual who does not hold a certificate issued in accordance with §230.111 of this title must have his or her credentials evaluated through an approved Texas EPP and be recommended by the EPP for certification.</content><note type="source"><p>Source Note: The provisions of this §230.115 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c230/scH/s230.117"><num value="230.117">§230.117</num><heading>Application Procedures</heading><content>(a) An individual who meets the requirements of this subchapter may apply for a review of his or her credentials and issuance of the appropriate Texas certificate according to procedures approved by the Texas Education Agency (TEA) staff. A review of credentials and payment of related fees are required for all applicants. The review of credentials will only be valid for the standards existing at the time of the review.(b) An individual who does not submit all required documents for the review at the time of the application will have one year to submit all required documents or the individual will be required to reapply and resubmit the application fee.</content><note type="source"><p>Source Note: The provisions of this §230.117 adopted to be effective August 12, 2012, 37 TexReg 5753.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c231"><num value="231">CHAPTER 231</num><heading>REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c231/scA"><num value="A">SUBCHAPTER A</num><heading>CRITERIA FOR ASSIGNMENT OF PUBLIC SCHOOL PERSONNEL</heading><section identifier="/us/state/tx/tac/t19/p7/c231/scA/s231.1"><num value="231.1">§231.1</num><heading>Criteria for Assignment of Public School Personnel</heading><content>(a) A public school employee must have the appropriate credentials for his or her current assignment specified in this chapter and in other rules of the State Board for Educator Certification (SBEC), unless the appropriate permit has been issued under Chapter 230, Subchapter F, of this title (relating to Permits). (b) The assignment requirements in this chapter apply to the holders of certificates issued on the basis of 1955, 1972, 1984, and 1987 Standards for Teacher Education as well as certificates issued on the basis of standards aligned with the Texas essential knowledge and skills curriculum, adopted by the State Board of Education, as specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates). (c) An elementary certificate may be appropriate for teaching high school students if the level of instruction is comparable to that in elementary grades. When such an assignment is made, course outlines must be maintained in the school district files. (d) Professional personnel employed in federally funded programs and innovative programs must have the qualifications and meet the assignment requirements specified in this chapter and in other rules of the SBEC. (e) The assignment requirements in this chapter apply to substitute teachers. If a school district must employ a substitute teacher who is not certified, the district must ensure the individual has the appropriate knowledge and skills to serve in the assignment. A list of the substitute teachers shall be retained in the school district files.</content><note type="source"><p>Source Note: The provisions of this §231.1 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c231/scB"><num value="B">SUBCHAPTER B</num><heading>PREKINDERGARTEN-GRADE 6 ASSIGNMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.3"><num value="231.3">§231.3</num><heading>General Education, Prekindergarten</heading><content>An assignment for General Education, Prekindergarten, is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 4. (2) Bilingual Generalist: Early Childhood-Grade 6. (3) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core Subjects: Early Childhood-Grade 6. (5) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (8) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(9) Core with Science of Teaching Reading: Early Childhood-Grade 6.(10) Early Childhood: Prekindergarten-Grade 3. (11) Early Childhood Education (Prekindergarten and Kindergarten). (12) Elementary--General; Elementary--General (Grades 1-6); Elementary General (Grades 1-8); Elementary Self-Contained (Grades 1-8).(A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment. (B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement. (13) Elementary Early Childhood Education (Prekindergarten-Grade 6). (14) English as a Second Language Generalist: Early Childhood-Grade 4. (15) English as a Second Language Generalist: Early Childhood-Grade 6. (16) Generalist: Early Childhood-Grade 4. (17) Generalist: Early Childhood-Grade 6. (18) Kindergarten. (19) Legacy Master Mathematics Teacher (Early Childhood-Grade 4). (20) Legacy Master Reading Teacher (Early Childhood-Grade 12). (21) Legacy Master Science Teacher (Early Childhood-Grade 4). (22) Prekindergarten-Grade 5. (23) Prekindergarten-Grade 6. (24) Teacher of Young Children--General.</content><note type="source"><p>Source Note: The provisions of this §231.3 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.5"><num value="231.5">§231.5</num><heading>Bilingual, Prekindergarten</heading><content>(a) An assignment for Bilingual, Prekindergarten, is allowed with one of the following certificates. (1) A valid classroom teaching certificate appropriate for the grade level and subject areas taught plus any bilingual education certificate or endorsement. (2) Bilingual Generalist: Early Childhood-Grade 4. (3) Bilingual Generalist: Early Childhood-Grade 6. (4) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(5) Early Childhood Education (Prekindergarten and Kindergarten); Elementary Early Childhood Education (Prekindergarten-Grade 6).(A) Initial assignments beginning with the 1991-1992 school year require the bilingual education delivery system or endorsement. (B) Teachers assigned prior to the 1991-1992 school year are required to verify oral and written proficiency in the language of the target population as measured by examinations approved by the Texas Education Agency (TEA) by September 1, 1993, to be eligible for assignment. (6) Elementary--General; Elementary--General (Grades 1-6); Elementary--General (Grades 1-8).(A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment. (B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement and the bilingual education delivery system or endorsement. (C) Teachers assigned prior to the 1991-1992 school year are required to verify oral and written proficiency in the language of the target population as measured by examinations approved by the TEA by September 1, 1993, to be eligible for assignment. (7) Elementary Self-Contained (Grades 1-8); Elementary teacher certification with Bilingual Endorsement.(A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment. (B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement. (8) Kindergarten; Prekindergarten-Grade 5--General; Prekindergarten-Grade 6--General; Teacher of Young Children--General.(A) Initial assignments beginning with the 1991-1992 school year require the bilingual education delivery system or endorsement. (B) Teachers assigned prior to the 1991-1992 school year are required to verify oral and written proficiency in the language of the target population as measured by examinations approved by the TEA by September 1, 1993, to be eligible for assignment. (9) Prekindergarten-Grade 6--Bilingual/English as a Second Language. (10) Prekindergarten-Grade 12--Bilingual/English as a Second Language. (b) An assignment for the English component only of a dual language immersion/one-way or two-way bilingual education program model for Prekindergarten is allowed with a valid classroom teaching certificate appropriate for the grade level and subject areas taught plus a bilingual education certificate or endorsement or an English as a Second Language certificate or endorsement.</content><note type="source"><p>Source Note: The provisions of this §231.5 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective May 15, 2016, 41 TexReg 3304; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.7"><num value="231.7">§231.7</num><heading>English as a Second Language, Prekindergarten</heading><content>An assignment for English as a Second Language, Prekindergarten, is allowed with one of the following certificates. (1) A valid classroom teaching certificate appropriate for the grade level and subject areas taught plus one of the following. (A) Bilingual Education Supplemental. (B) Bilingual Education Supplemental: American Sign Language.(C) Bilingual Education Supplemental: Arabic.(D) Bilingual Education Supplemental: Japanese.(E) Bilingual Education Supplemental: Mandarin Chinese.(F) Bilingual Education Supplemental: Spanish.(G) Bilingual Education Supplemental: Vietnamese.(H) Bilingual Education Supplemental (Early Childhood-Grade 4). (I) Bilingual Education Supplemental (Grades 4-8). (J) Bilingual Endorsement. (K) Bilingual/English as a Second Language Endorsement. (L) Bilingual Special Education Supplemental: Early Childhood-Grade 12.(M) English as a Second Language Endorsement. (N) English as a Second Language Supplemental. (2) Bilingual Generalist: Early Childhood-Grade 4. (3) Bilingual Generalist: Early Childhood-Grade 6. (4) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/English as a Second Language with Science of Teaching Reading: Early Childhood-Grade 6. (6) Early Childhood Education (Prekindergarten and Kindergarten). Initial assignments beginning with the 1991-1992 school year require the English as a Second Language endorsement or the bilingual education delivery system or endorsement. (7) Elementary--General; Elementary--General (Grades 1-6); Elementary--General (Grades 1-8). (A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment. (B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement. (C) Initial assignments beginning with the 1991-1992 school year require the English as a Second Language endorsement or the bilingual education delivery system or endorsement. (8) Elementary Early Childhood Education (Prekindergarten-Grade 6); Kindergarten; Prekindergarten-Grade 5--General; Prekindergarten-Grade 6--General; Teacher of Young Children--General. Initial assignments beginning with the 1991-1992 school year require the English as a Second Language endorsement or the bilingual education delivery system or endorsement. (9) Elementary Self-Contained (Grades 1-8); Elementary teacher certificate with Bilingual or English as a Second Language Endorsement. (A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment. (B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement. (10) English as a Second Language Generalist: Early Childhood-Grade 4. (11) English as a Second Language Generalist: Early Childhood-Grade 6. (12) Prekindergarten-Grade 6--Bilingual/English as a Second Language. (13) Prekindergarten-Grade 12--Bilingual/English as a Second Language. (14) Prekindergarten-Grade 12--English as a Second Language.</content><note type="source"><p>Source Note: The provisions of this §231.7 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.9"><num value="231.9">§231.9</num><heading>General Education, Kindergarten</heading><content>An assignment for General Education, Kindergarten, is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 4. (2) Bilingual Generalist: Early Childhood-Grade 6.(3) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6. (7) Core Subjects: Early Childhood-Grade 6. (8) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (9) Core with Science of Teaching Reading: Early Childhood-Grade 6. (10) Early Childhood: Prekindergarten-Grade 3. (11) Early Childhood Education (Prekindergarten and Kindergarten). (12) Elementary Early Childhood Education (Prekindergarten-Grade 6). (13) English as a Second Language Generalist: Early Childhood-Grade 4. (14) English as a Second Language Generalist: Early Childhood-Grade 6. (15) Generalist: Early Childhood-Grade 4. (16) Generalist: Early Childhood-Grade 6. (17) Kindergarten. (18) Legacy Master Mathematics Teacher (Early Childhood-Grade 4). (19) Legacy Master Reading Teacher (Early Childhood-Grade 12). (20) Legacy Master Science Teacher (Early Childhood-Grade 4). (21) Prekindergarten-Grade 5--General. (22) Prekindergarten-Grade 6--General. (23) Teacher of Young Children--General.</content><note type="source"><p>Source Note: The provisions of this §231.9 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.11"><num value="231.11">§231.11</num><heading>Bilingual, Prekindergarten-Grade 6</heading><content>(a) An assignment for Bilingual, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) A valid classroom teaching certificate appropriate for the grade level and subject areas taught, plus any bilingual education certificate or endorsement.(2) Bilingual Generalist: Early Childhood-Grade 4. (3) Bilingual Generalist: Early Childhood-Grade 6. (4) Bilingual Generalist: Grades 4-8. (5) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(6) Prekindergarten-Grade 5--Bilingual/English as a Second Language. (7) Prekindergarten-Grade 6--Bilingual/English as a Second Language. (8) Prekindergarten-Grade 12--Bilingual/English as a Second Language. (b) An assignment for the English component only of a dual language immersion/one-way or two-way bilingual education program model for Prekindergarten-Grade 6 is allowed with a valid classroom teaching certificate appropriate for the grade level and subject areas taught plus a bilingual education certificate or endorsement or an English as a Second Language certificate or endorsement.</content><note type="source"><p>Source Note: The provisions of this §231.11 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective May 15, 2016, 41 TexReg 3304; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.13"><num value="231.13">§231.13</num><heading>English as a Second Language, Prekindergarten-Grade 6</heading><content>An assignment for English as a Second Language, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) An elementary certified teacher with a valid English as a Second Language supplemental certificate or endorsement or bilingual education supplemental certificate or endorsement may be assigned to teach English as a Second Language at the kindergarten level. (2) A valid classroom teaching certificate appropriate for the grade level and subject areas taught plus one of the following. (A) Bilingual Education Supplemental. (B) Bilingual Education Supplemental: American Sign Language.(C) Bilingual Education Supplemental: Arabic.(D) Bilingual Education Supplemental: Japanese.(E) Bilingual Education Supplemental: Mandarin Chinese.(F) Bilingual Education Supplemental: Spanish.(G) Bilingual Education Supplemental: Vietnamese.(H) Bilingual Education Supplemental (Early Childhood-Grade 4). (I) Bilingual Education Supplemental (Grades 4-8). (J) Bilingual Endorsement. (K) Bilingual/English as a Second Language Endorsement. (L) Bilingual Special Education Supplemental: Early Childhood-Grade 12.(M) English as a Second Language Endorsement. (N) English as a Second Language Supplemental. (3) Bilingual Generalist: Early Childhood-Grade 4.(4) Bilingual Generalist: Early Childhood-Grade 6. (5) Bilingual Generalist: Grades 4-8. (6) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core/English as a Second Language with Science of Teaching Reading: Early Childhood-Grade 6.(8) English as a Second Language Generalist: Early Childhood-Grade 4.(9) English as a Second Language Generalist: Early Childhood-Grade 6. (10) English as a Second Language Generalist: Grades 4-8. (11) Prekindergarten-Grade 5--Bilingual/English as a Second Language. (12) Prekindergarten-Grade 6--Bilingual/English as a Second Language. (13) Prekindergarten-Grade 12--English as a Second Language. (14) Prekindergarten-Grade 12--Bilingual/English as a Second Language. (15) Teacher certificate appropriate for grade level of assignment and assigned to teach English as a Second Language in an approved English as a Second Language program during the 1981-1982 school year in the same school district.</content><note type="source"><p>Source Note: The provisions of this §231.13 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.15"><num value="231.15">§231.15</num><heading>Elementary, Prekindergarten-Grade 6</heading><content>An assignment for Elementary, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 4.(2) Bilingual Generalist: Early Childhood-Grade 6. (3) Bilingual Generalist: Grades 4-8. (4) Core Subjects: Early Childhood-Grade 6. (5) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (6) Early Childhood: Prekindergarten-Grade 3. (7) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(8) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(9) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(10) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(11) Core Subjects: Grades-8. (12) Core Subjects with Science of Teaching Reading: Grades 4-8. (13) Core with Science of Teaching Reading: Early Childhood-Grade 6.(14) Elementary--General. (15) Elementary--General (Grades 1-6). (16) Elementary--General (Grades 1-8). (17) Elementary Early Childhood Education (Prekindergarten-Grade 6). (18) Elementary Self-Contained (Grades 1-8). (19) English as a Second Language Generalist: Early Childhood-Grade 4.(20) English as a Second Language Generalist: Early Childhood-Grade 6. (21) English as a Second Language Generalist: Grades 4-8. (22) Generalist: Early Childhood-Grade 4. (23) Generalist: Early Childhood-Grade 6. (24) Generalist: Grades 4-8. (25) Legacy Master Mathematics Teacher (Early Childhood-Grade 4).(26) Legacy Master Mathematics Teacher (Grades 4-8). (27) Legacy Master Reading Teacher (Early Childhood-Grade 12).(28) Legacy Master Science Teacher (Early Childhood-Grade 4).(29) Legacy Master Science Teacher (Grades 4-8). (30) Prekindergarten-Grade 5--General.(31) Prekindergarten-Grade 6--General. (32) Teacher of Young Children--General.</content><note type="source"><p>Source Note: The provisions of this §231.15 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.17"><num value="231.17">§231.17</num><heading>Reading, Prekindergarten-Grade 6</heading><content>An assignment for Reading, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) A teacher certificate that matches the subject and grade level of the assignment (Prekindergarten-Grade 6). (2) An elementary teacher certificate appropriate for Grades 1-6 assignment. (3) Bilingual Generalist: Early Childhood-Grade 4. (4) Bilingual Generalist: Early Childhood-Grade 6. (5) Bilingual Generalist: Grades 4-8. (6) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(8) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(9) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(10) Core Subjects: Early Childhood-Grade 6. (11) Core Subjects: Grades 4-8.(12) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (13) Core Subjects with Science of Teaching Reading: Grades 4-8.(14) Core with Science of Teaching: Early Childhood-Grade 6.(15) Early Childhood: Prekindergarten-Grade 3. (16) English as a Second Language Generalist: Early Childhood-Grade 4.(17) English as a Second Language Generalist: Early Childhood-Grade 6. (18) English as a Second Language Generalist: Grades 4-8. (19) English Language Arts and Reading: Grades 4-8. (20) English Language Arts and Reading/Social Studies: Grades 4-8. (21) English Language Arts and Reading with Science of Teaching Reading: Grades 4-8.(22) English Language Arts and Reading with Science of Teaching Reading/Social Studies: Grades 4-8.(23) Generalist: Early Childhood-Grade 4.(24) Generalist: Early Childhood-Grade 6. (25) Generalist: Grades 4-8. (26) Legacy Master Reading Teacher (Early Childhood-Grade 12). (27) Reading Specialist. (28) Reading Specialist (Early Childhood-Grade 12).</content><note type="source"><p>Source Note: The provisions of this §231.17 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.19"><num value="231.19">§231.19</num><heading>Languages Other Than English, Prekindergarten-Grade 6</heading><content>An assignment for Languages Other Than English, Classical Languages, American Sign Language, or Discovering Languages and Cultures, Prekindergarten-Grade 6, is allowed with one of the following certificates.(1) A teacher certificate that matches the subject and grade level of the assignment Prekindergarten-Grade 6.(2) A Languages Other Than English certificate in the appropriate language (Early Childhood-Grade 12).(3) A secondary teacher certificate with a teaching field in the language of assignment plus six semester credit hours of elementary education.</content><note type="source"><p>Source Note: The provisions of this §231.19 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.21"><num value="231.21">§231.21</num><heading>Art, Prekindergarten-Grade 6</heading><content>An assignment for Art, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) A teacher certificate that matches the subject and grade level of the assignment (Prekindergarten-Grade 6). (2) All-Level Art. (3) All-Level Art (Prekindergarten-Grade 12). (4) Art: Early Childhood-Grade 12. (5) Bilingual Generalist: Early Childhood-Grade 4. (6) Bilingual Generalist: Early Childhood-Grade 6. (7) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(8) Core Subjects: Early Childhood-Grade 6. (9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Early Childhood: Prekindergarten-Grade 3. (11) Early Childhood Education. (12) English as a Second Language Generalist: Early Childhood-Grade 4. (13) English as a Second Language Generalist: Early Childhood-Grade 6. (14) Generalist: Early Childhood-Grade 4. (15) Generalist: Early Childhood-Grade 6.</content><note type="source"><p>Source Note: The provisions of this §231.21 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.23"><num value="231.23">§231.23</num><heading>Music, Prekindergarten-Grade 6</heading><content>An assignment for Music, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) A teacher certificate that matches the subject and grade level of the assignment (Prekindergarten-Grade 6). (2) All-Level Music. (3) All-Level Music (Prekindergarten-Grade 12). (4) Bilingual Generalist: Early Childhood-Grade 4. (5) Bilingual Generalist: Early Childhood-Grade 6. (6) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core Subjects: Early Childhood-Grade 6. (8) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (9) Early Childhood: Prekindergarten-Grade 3. (10) Early Childhood Education. (11) English as a Second Language Generalist: Early Childhood-Grade 4. (12) English as a Second Language Generalist: Early Childhood-Grade 6. (13) Generalist: Early Childhood-Grade 4. (14) Generalist: Early Childhood-Grade 6. (15) Music: Early Childhood-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §231.23 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.25"><num value="231.25">§231.25</num><heading>Theatre, Prekindergarten-Grade 6</heading><content>An assignment for Theatre, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) All-Level Speech and Drama. (2) All-Level Speech Communications/Theatre Arts. (3) All-Level Theatre Arts. (4) An elementary teacher certificate appropriate for Prekindergarten-Grade 6 assignment. (5) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(6) Early Childhood: Prekindergarten-Grade 3. (7) Early Childhood Education. (8) Theatre: Early Childhood-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §231.25 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.27"><num value="231.27">§231.27</num><heading>Physical Education, Prekindergarten-Grade 6</heading><content>An assignment for Physical Education, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) A teacher certificate that matches the subject and grade level of the assignment (Prekindergarten-Grade 6). (2) All-Level Health and Physical Education.(3) All-Level Physical Education.(4) An elementary teacher certificate appropriate for Prekindergarten-Grade 6 assignment. (5) Bilingual Generalist: Early Childhood-Grade 4. (6) Bilingual Generalist: Early Childhood-Grade 6. (7) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(8) Core Subjects: Early Childhood-Grade 6. (9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Early Childhood: Prekindergarten-Grade 3. (11) Early Childhood Education. (12) English as a Second Language Generalist: Early Childhood-Grade 4. (13) English as a Second Language Generalist: Early Childhood-Grade 6. (14) Generalist: Early Childhood-Grade 4. (15) Generalist: Early Childhood-Grade 6. (16) Physical Education: Early Childhood-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §231.27 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.29"><num value="231.29">§231.29</num><heading>Technology Applications, Prekindergarten-Grade 6</heading><content>An assignment for Technology Applications, Prekindergarten-Grade 6, is allowed with one of the following certificates.(1) A teacher certificate that matches the subject and grade level of the assignment (Prekindergarten-Grade 6), plus verification of competency to teach Technology Applications.(2) Technology Applications: Early Childhood-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §231.29 adopted to be effective August 15, 2013, 38 TexReg 5076.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scB/s231.31"><num value="231.31">§231.31</num><heading>Health Education, Prekindergarten-Grade 6</heading><content>An assignment for Health Education, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) A teacher certificate that matches the subject and grade level of the assignment (Prekindergarten-Grade 6). (2) All-Level Physical Education. (3) All-Level Health and Physical Education. (4) An elementary teacher certificate appropriate for Prekindergarten-Grade 6 assignment. (5) Bilingual Generalist: Early Childhood-Grade 4. (6) Bilingual Generalist: Early Childhood-Grade 6. (7) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(8) Core Subjects: Early Childhood-Grade 6. (9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Early Childhood: Prekindergarten-Grade 3. (11) Early Childhood Education. (12) English as a Second Language Generalist: Early Childhood-Grade 4. (13) English as a Second Language Generalist: Early Childhood-Grade 6. (14) Generalist: Early Childhood-Grade 4. (15) Generalist: Early Childhood-Grade 6. (16) Physical Education: Early Childhood-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §231.31 adopted to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c231/scC"><num value="C">SUBCHAPTER C</num><heading>GRADES 6-8 ASSIGNMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.41"><num value="231.41">§231.41</num><heading>Self-Contained, Grades 6-8</heading><content>(a) Self-contained is defined as a class in which one teacher teaches all or most subjects to one class of students. (b) An assignment in a self-contained classroom for All General Subjects, Grades 6-8, is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 6. (2) Bilingual Generalist: Grades 4-8 (English language arts, mathematics, science, and social studies only). (3) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core Subjects: Early Childhood-Grade 6. (8) Core Subjects: Grades 4-8 (English language arts, mathematics, science, and social studies only). (9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Core Subjects with Science of Teaching Reading: Grades 4-8 (English language arts, mathematics, science, and social studies only). (11) Core with Science of Teaching Reading: Early Childhood-Grade 6.(12) Elementary--General. (13) Elementary--General (Grades 1-6). (14) Elementary--General (Grades 1-8). (15) Elementary Early Childhood Education (Prekindergarten-Grade 6). (16) Elementary Self-Contained (Grades 1-8). (17) English as a Second Language Generalist: Early Childhood-Grade 6. (18) English as a Second Language Generalist: Grades 4-8 (English language arts, mathematics, science, and social studies only). (19) Generalist: Early Childhood-Grade 6. (20) Generalist: Grades 4-8 (English language arts, mathematics, science, and social studies only). (21) Prekindergarten-Grade 6--General.</content><note type="source"><p>Source Note: The provisions of this §231.41 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.43"><num value="231.43">§231.43</num><heading>All General Subjects, Grade 6</heading><content>(a) An assignment in a departmentalized classroom for All General Subjects, Grade 6, for a holder of a valid elementary level certificate is allowed with one of the following certificates. (1) Any elementary teacher certificate appropriate for Grade 6. (2) Bilingual Generalist: Early Childhood-Grade 6. (3) Bilingual Generalist: Grades 4-8 (English language arts, mathematics, science, and social studies only). (4) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(8) Core Subjects: Early Childhood-Grade 6. (9) Core Subjects: Grades 4-8 (English language arts, mathematics, science, and social studies only). (10) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (11) Core Subjects with Science of Teaching Reading: Grades 4-8 (English language arts, mathematics, science, and social studies only). (12) Core with Science of Teaching Reading: Early Childhood-Grade 6.(13) English as a Second Language Generalist: Early Childhood-Grade 6. (14) English as a Second Language Generalist: Grades 4-8 (English, language arts, mathematics, science, and social studies only). (15) Generalist: Early Childhood-Grade 6. (16) Generalist: Grades 4-8 (English language arts, mathematics, science, and social studies only). (b) Requirements for a holder of a secondary or all-level certificate in a departmentalized Grades 6-8 assignment are specified for each subject area in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §231.43 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.45"><num value="231.45">§231.45</num><heading>English Language Arts, Grades 6-8</heading><content>An assignment in a departmentalized classroom for English Language Arts, Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 6. (2) Bilingual Generalist: Grades 4-8. (3) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core Subjects: Early Childhood-Grade 6. (8) Core Subjects: Grades 4-8.(9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Core Subjects with Science of Teaching Reading: Grades 4-8. (11) Core with Science of Teaching Reading: Early Childhood-Grade 6.(12) Elementary English (Grades 1-8). (13) Elementary teacher certificate plus 18 semester credit hours in English. (14) English as a Second Language Generalist: Early Childhood-Grade 6. (15) English as a Second Language Generalist: Grades 4-8. (16) English Language Arts and Reading: Grades 4-8. (17) English Language Arts and Reading with Science of Teaching Reading: Grades 4-8. (18) English Language Arts and Reading/Social Studies: Grades 4-8. (19) English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8. (20) English Language Arts and Reading: Grades 7-12. (21) English Language Arts and Reading: Grades 8-12. (22) Generalist: Early Childhood-Grade 6. (23) Generalist: Grades 4-8. (24) Grades 6-12 or Grades 6-8--English. (25) Grades 6-12 or Grades 6-8--English Language Arts, Composite. (26) Junior High School or High School--English. (27) Junior High School or High School--English Language Arts, Composite. (28) Secondary English (Grades 6-12). (29) Secondary English Language Arts, Composite (Grades 6-12). (30) Secondary or all-level teacher certificate plus 18 semester credit hours in English.</content><note type="source"><p>Source Note: The provisions of this §231.45 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.47"><num value="231.47">§231.47</num><heading>English as a Second Language, Grades 6-8</heading><content>An assignment in a departmentalized classroom for English as a Second Language, Grades 6-8, English Learners Language Arts, Grade 7, and English Learners Language Arts, Grade 8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates. (1) A valid classroom teaching certificate appropriate for the grade level and subject areas taught plus one of the following. (A) Bilingual Education Supplemental. (B) Bilingual Education Supplemental: American Sign Language.(C) Bilingual Education Supplemental: Arabic.(D) Bilingual Education Supplemental: Japanese.(E) Bilingual Education Supplemental: Mandarin Chinese.(F) Bilingual Education Supplemental: Spanish.(G) Bilingual Education Supplemental: Vietnamese.(H) Bilingual Education Supplemental (Early Childhood-Grade 4). (I) Bilingual Education Supplemental (Grades 4-8). (J) Bilingual Endorsement. (K) Bilingual/English as a Second Language Endorsement. (L) Bilingual Special Education Supplemental: Early Childhood-Grade 12.(M) English as a Second Language Endorsement. (N) English as a Second Language Supplemental. (2) Bilingual Generalist: Early Childhood-Grade 6.(3) Bilingual Generalist: Grades 4-8. (4) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(6) Elementary Bilingual/English as a Second Language (Grades 1-8). (7) Elementary teacher certificate and assigned to teach English as a Second Language in an approved English as a Second Language program during 1981-1982 school year in the same school district. (8) Elementary Bilingual. (9) English as a Second Language Generalist: Early Childhood-Grade 6. (10) Junior High School or High School--Bilingual/English as a Second Language. (11) Prekindergarten-Grade 6--Bilingual/English as a Second Language. (12) Prekindergarten-Grade 12--Bilingual/English as a Second Language. (13) Prekindergarten-Grade 12--English as a Second Language. (14) Secondary Bilingual/English as a Second Language (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.47 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective October 20, 2019, 44 TexReg 5907; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.49"><num value="231.49">§231.49</num><heading>Reading (At or Above Grade Level), Grades 6-8</heading><content>An assignment in a departmentalized classroom for Reading (at or above grade level), Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 6. (2) Bilingual Generalist: Grades 4-8. (3) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core Subjects: Early Childhood-Grade 6. (8) Core Subjects: Grades 4-8. (9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Core Subjects with Science of Teaching Reading: Grades 4-8. (11) Core with Science of Teaching Reading: Early Childhood-Grade 6.(12) Elementary English (Grades 1-8); Secondary English (Grades 6-8); Secondary English (Grades 6-12). This assignment requires verifiable preparation in teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (13) Elementary Reading (Grades 1-8). (14) Elementary teacher certificate; Secondary, or all-level teacher certificate plus 18 semester credit hours in English and nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (15) English as a Second Language Generalist: Early Childhood-Grade 6. (16) English as a Second Language Generalist: Grades 4-8. (17) English Language Arts and Reading: Grades 4-8. (18) English Language Arts and Reading with Science of Teaching Reading: Grades 4-8. (19) English Language Arts and Reading: Grades 7-12. (20) English Language Arts and Reading: Grades 8-12. (21) English Language Arts and Reading/Social Studies: Grades 4-8. (22) English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8. (23) Generalist: Early Childhood-Grade 6. (24) Generalist: Grades 4-8. (25) Junior High School or High School--English. (26) Junior High School or High School--English Language Arts, Composite; Secondary English Language Arts, Composite (Grades 6-8); Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (27) Junior High School or High School--Reading. (28) Legacy Master Reading Teacher (Early Childhood-Grade 12). (29) Reading Specialist. (30) Reading Specialist (Early Childhood-Grade 12). (31) Secondary Reading (Grades 6-8). (32) Secondary Reading (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.49 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective October 8, 2015, 40 TexReg 6890; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.51"><num value="231.51">§231.51</num><heading>Reading Improvement (One Year or More Below Grade Level), Grades 6-8</heading><content>An assignment in a departmentalized classroom for Reading Improvement (one year or more below grade level), Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 6. (2) Bilingual Generalist: Grades 4-8. (3) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core Subjects: Early Childhood-Grade 6. (8) Core Subjects: Grades 4-8. (9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Core Subjects with Science of Teaching Reading: Grades 4-8. (11) Core with Science of Teaching Reading: Early Childhood-Grade 6.(12) Elementary English (Grades 1-8); Grades 6-12 or Grades 6-8--English; Junior High School or High School--English; Secondary English (Grades 6-12). This assignment requires verifiable preparation in teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (13) Elementary Reading (Grades 1-8). (14) Elementary teacher certificate plus 18 semester credit hours in English and nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (15) English as a Second Language Generalist: Early Childhood-Grade 6. (16) English as a Second Language Generalist: Grades 4-8. (17) English Language Arts and Reading: Grades 4-8. (18) English Language Arts and Reading with Science of Teaching Reading: Grades 4-8. (19) English Language Arts and Reading: Grades 7-12. (20) English Language Arts and Reading: Grades 8-12. (21) English Language Arts and Reading/Social Studies: Grades 4-8. (22) English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8. (23) Generalist: Early Childhood-Grade 6. (24) Generalist: Grades 4-8. (25) Grades 6-12 or Grades 6-8--English Language Arts, Composite; Junior High School or High School--English Language Arts, Composite; Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.(26) Grades 6-12 or Grades 6-8--Reading. (27) Junior High School or High School--Reading. (28) Legacy Master Reading Teacher (Early Childhood-Grade 12). (29) Reading Specialist. (30) Reading Specialist (Early Childhood-Grade 12). (31) Secondary Reading (Grades 6-12). (32) Teacher certificate plus 9 semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.</content><note type="source"><p>Source Note: The provisions of this §231.51 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.53"><num value="231.53">§231.53</num><heading>Speech, Grades 6-8</heading><content>An assignment in a departmentalized classroom for Speech, Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.(1) All-Level Speech Communications/Theatre Arts (Prekindergarten-Grade 12).(2) All-Level Speech and Drama.(3) Elementary Speech.(4) Elementary Speech Communications (Grades 1-8).(5) Elementary teacher certificate plus 12 semester credit hours in speech.(6) Grades 6-12 or Grades 6-8--English Language Arts, Composite. This assignment includes at least six semester credit hours in speech.(7) Grades 6-12 or Grades 6-8--Speech Communications.(8) Junior High School or High School--English Language Arts, Composite. This assignment includes at least six semester credit hours in speech.(9) Junior High School or High School--Speech.(10) Junior High School or High School--Speech and Drama.(11) Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours in speech.(12) Secondary Speech Communications (Grades 6-12).(13) Secondary or all-level teacher certificate plus 12 semester credit hours in speech.(14) Speech: Grades 7-12 (Grades 7 and 8 only).(15) Speech: Grades 8-12 (Grade 8 only).</content><note type="source"><p>Source Note: The provisions of this §231.53 adopted to be effective August 15, 2013, 38 TexReg 5076.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.55"><num value="231.55">§231.55</num><heading>Languages Other Than English, Grades 6-8</heading><content>(a) An assignment in a departmentalized classroom for Languages Other Than English, Classical Languages, or Discovering Languages and Cultures, Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.(1) Elementary teacher certificate in the appropriate language of assignment.(2) Elementary teacher certificate plus 18 semester credit hours in language of assignment.(3) Languages Other Than English certificate in the appropriate language (Early Childhood-Grade 12).(4) Secondary or all-level teacher certificate plus 18 semester credit hours in language of assignment.(5) Secondary teacher certificate in the appropriate language of assignment.(b) An assignment in a departmentalized classroom for American Sign Language, Grades 6-8, for a holder of a valid secondary or all-level certificate is allowed with one of the following certificates.(1) American Sign Language.(2) American Sign Language: Early Childhood-Grade 12.(c) The Texas Assessment of Sign Communication-American Sign Language (TASC-ASL) is required for an American Sign Language assignment.</content><note type="source"><p>Source Note: The provisions of this §231.55 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 27, 2020, 45 TexReg 9183.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.57"><num value="231.57">§231.57</num><heading>Social Studies, Grade 6</heading><content>An assignment in a departmentalized classroom for Social Studies, Grade 6, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates. (1) Any elementary teacher certificate appropriate for Grade 6. (2) Bilingual Generalist: Early Childhood-Grade 6. (3) Bilingual Generalist: Grades 4-8. (4) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6. (8) Core Subjects: Early Childhood-Grade 6. (9) Core Subjects: Grades 4-8. (10) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (11) Core Subjects with Science of Teaching Reading: Grades 4-8. (12) Core with Science of Teaching Reading: Early Childhood-Grade 6.(13) English as a Second Language Generalist: Early Childhood-Grade 6. (14) English as a Second Language Generalist: Grades 4-8. (15) English Language Arts and Reading/Social Studies: Grades 4-8. (16) English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8. (17) Generalist: Early Childhood-Grade 6. (18) Generalist: Grades 4-8. (19) Grades 6-12 or Grades 6-8--Economics. (20) Grades 6-12 or Grades 6-8--Geography. (21) Grades 6-12 or Grades 6-8--Government. (22) Grades 6-12 or Grades 6-8--History. (23) Grades 6-12 or Grades 6-8--Psychology. (24) Grades 6-12 or Grades 6-8--Sociology. (25) Grades 6-12 or Grades 6-8--Social Studies. (26) Grades 6-12 or Grades 6-8--Social Studies, Composite. (27) Junior High School or High School--Anthropology. (28) Junior High School or High School--Economics. (29) Junior High School or High School--Geography. (30) Junior High School or High School--Government-Political Science. (31) Junior High School or High School--History. (32) Junior High School or High School--Psychology. (33) Junior High School or High School--Sociology. (34) Junior High School or High School--Social Science, Composite. (35) Secondary Economics (Grades 6-12). (36) Secondary Geography (Grades 6-12). (37) Secondary Government (Grades 6-12). (38) Secondary History (Grades 6-12). (39) Secondary Psychology (Grades 6-12). (40) Secondary Sociology (Grades 6-12). (41) Secondary Social Studies (Grades 6-12). (42) Secondary Social Studies, Composite (Grades 6-12). (43) Secondary or all-level teacher certificate plus 18 semester credit hours in social studies. (44) Social Studies: Grades 4-8.</content><note type="source"><p>Source Note: The provisions of this §231.57 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.59"><num value="231.59">§231.59</num><heading>Social Studies, Grades 7 and 8</heading><content>An assignment in a departmentalized classroom for Social Studies, Grades 7 and 8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.(1) Bilingual Generalist: Grades 4-8.(2) Core Subjects: Grades 4-8.(3) Core Subjects with Science of Teaching Reading: Grades 4-8.(4) Elementary History.(5) Elementary History (Grades 1-8).(6) Elementary Social Studies (Grades 1-8).(7) Elementary teacher certificate plus 18 semester credit hours in social studies.(8) English as a Second Language Generalist: Grades 4-8.(9) English Language Arts and Reading/Social Studies: Grades 4-8.(10) English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8.(11) Generalist: Grades 4-8.(12) Grades 6-12 or Grades 6-8--History.(13) Grades 6-12 or Grades 6-8--Social Studies.(14) Grades 6-12 or Grades 6-8--Social Studies, Composite.(15) High School--History.(16) High School--Social Science, Composite.(17) History: Grades 7-12.(18) History: Grades 8-12 (Grade 8 only).(19) Junior High School or High School--History.(20) Junior High School or High School--Social Science, Composite.(21) Secondary History (Grades 6-12).(22) Secondary Social Studies (Grades 6-12).(23) Secondary Social Studies, Composite (Grades 6-12).(24) Secondary or all-level teacher certificate plus 18 semester credit hours in social studies.(25) Social Studies: Grades 4-8.(26) Social Studies: Grades 7-12.(27) Social Studies: Grades 8-12 (Grade 8 only).</content><note type="source"><p>Source Note: The provisions of this §231.59 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.61"><num value="231.61">§231.61</num><heading>Mathematics, Grades 6-8</heading><content>An assignment in a departmentalized classroom for Mathematics, Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 6. (2) Bilingual Generalist: Grades 4-8. (3) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6. (7) Core Subjects: Early Childhood-Grade 6. (8) Core Subjects: Grades 4-8.(9) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (10) Core Subjects with Science of Teaching Reading: Grades 4-8. (11) Core with Science of Teaching Reading: Early Childhood-Grade 6.(12) Elementary Mathematics (Grades 1-8). A teacher holding an Elementary Mathematics (Grades 1-8) certificate may teach Algebra I at the middle school level for high school graduation credit. (13) Elementary teacher certificate plus 18 semester credit hours in mathematics. (14) English as a Second Language Generalist: Early Childhood-Grade 6. (15) English as a Second Language Generalist: Grades 4-8. (16) Generalist: Early Childhood-Grade 6. (17) Generalist: Grades 4-8. (18) Grades 6-12 or Grades 6-8--Mathematics. (19) Junior High School or High School--Mathematics. (20) Junior High School or High School--Mathematical Science, Composite. (21) Legacy Master Mathematics Teacher (Grades 4-8). (22) Legacy Master Mathematics Teacher (Grades 8-12). (23) Mathematics: Grades 4-8. A teacher holding a Mathematics: Grades 4-8 certificate may teach Algebra I at the middle school level for high school graduation credit. (24) Mathematics: Grades 7-12. (25) Mathematics: Grades 8-12. (26) Mathematics/Physical Science/Engineering: Grades 6-12. (27) Mathematics/Physical Science/Engineering: Grades 8-12. (28) Mathematics/Science: Grades 4-8. (29) Physics/Mathematics: Grades 7-12. (30) Physics/Mathematics: Grades 8-12. (31) Secondary Mathematics (Grades 6-12). (32) Secondary or all-level teacher certificate plus 18 semester credit hours in mathematics.</content><note type="source"><p>Source Note: The provisions of this §231.61 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.63"><num value="231.63">§231.63</num><heading>Science, Grade 6</heading><content>An assignment in a departmentalized classroom for Science, Grade 6, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates. (1) Any elementary teacher certificate appropriate for Grade 6. (2) Bilingual Generalist: Early Childhood-Grade 6. (3) Bilingual Generalist: Grades 4-8. (4) Core/Bilingual Education Spanish with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core/English as a Second Language Supplemental with Science of Teaching Reading: Early Childhood-Grade 6.(6) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(7) Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6. (8) Core Subjects: Early Childhood-Grade 6. (9) Core Subjects: Grades 4-8. (10) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (11) Core Subjects with Science of Teaching Reading: Grades 4-8. (12) Core with Science of Teaching Reading: Early Childhood-Grade 6.(13) English as a Second Language Generalist: Early Childhood-Grade 6. (14) English as a Second Language Generalist: Grades 4-8. (15) Generalist: Early Childhood-Grade 6. (16) Generalist: Grades 4-8. (17) Grades 6-12 or Grades 6-8--Biology. (18) Grades 6-12 or Grades 6-8--Chemistry. (19) Grades 6-12 or Grades 6-8--Earth Science. (20) Grades 6-12 or Grades 6-8--Life/Earth Science. (21) Grades 6-12 or Grades 6-8--Physical Science. (22) Grades 6-12 or Grades 6-8--Physics. (23) Grades 6-12 or Grades 6-8--Science. (24) Grades 6-12 or Grades 6-8--Science, Composite. (25) Junior High School or High School--Biology. (26) Junior High School or High School--Chemistry. (27) Junior High School or High School--Earth Science. (28) Junior High School or High School--Life/Earth Science. (29) Junior High School or High School--Life/Earth Middle-School Science. (30) Junior High School or High School--Physical Science. (31) Junior High School or High School--Physics. (32) Junior High School or High School--Science. (33) Junior High School or High School--Science, Composite. (34) Legacy Master Science Teacher (Grades 4-8). (35) Mathematics/Science: Grades 4-8. (36) Science: Grades 4-8. (37) Secondary Biology (Grades 6-12). (38) Secondary Chemistry (Grades 6-12). (39) Secondary Earth Science (Grades 6-12). (40) Secondary Life/Earth Science (Grades 6-12). (41) Secondary Physical Science (Grades 6-12). (42) Secondary Physics (Grades 6-12). (43) Secondary Science (Grades 6-12). (44) Secondary Science, Composite (Grades 6-12). (45) Secondary or all-level teacher certificate plus 18 semester credit hours in any combination of sciences.</content><note type="source"><p>Source Note: The provisions of this §231.63 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.65"><num value="231.65">§231.65</num><heading>Science, Grades 7 and 8</heading><content>An assignment in a departmentalized classroom for Science, Grades 7 and 8, is allowed with one of the following certificates.(1) Bilingual Generalist: Grades 4-8.(2) Chemistry: Grades 7-12.(3) Chemistry: Grades 8-12 (Grade 8 only).(4) Core Subjects: Grades 4-8.(5) Core Subjects with Science of Teaching Reading: Grades 4-8.(6) Elementary Biology.(7) Elementary Chemistry.(8) Elementary Earth Science.(9) Elementary Life/Earth Middle-School Science.(10) Elementary Physical Science.(11) Elementary Physics.(12) Elementary Biology (Grades 1-8).(13) Elementary Chemistry (Grades 1-8).(14) Elementary Earth Science (Grades 1-8).(15) Elementary Life/Earth Middle-School Science (Grades 1-8).(16) Elementary Physical Science (Grades 1-8).(17) Elementary Physics (Grades 1-8).(18) Elementary teacher certificate plus 18 semester credit hours in any combination of sciences.(19) English as a Second Language Generalist: Grades 4-8.(20) Generalist: Grades 4-8.(21) Grades 6-12 or Grades 6-8--Biology.(22) Grades 6-12 or Grades 6-8--Chemistry.(23) Grades 6-12 or Grades 6-8--Earth Science.(24) Grades 6-12 or Grades 6-8--Life/Earth Middle-School Science.(25) Grades 6-12 or Grades 6-8--Physical Science.(26) Grades 6-12 or Grades 6-8--Physics.(27) Grades 6-12 or Grades 6-8--Science.(28) Grades 6-12 or Grades 6-8--Science, Composite.(29) Junior High School or High School--Biology.(30) Junior High School or High School--Chemistry.(31) Junior High School or High School--Earth Science.(32) Junior High School or High School--Life/Earth Middle-School Science.(33) Junior High School or High School--Physical Science.(34) Junior High School or High School--Physics.(35) Junior High School or High School--Science.(36) Junior High School or High School--Science, Composite.(37) Life Science: Grades 7-12.(38) Life Science: Grades 8-12 (Grade 8 only).(39) Legacy Master Science Teacher (Grades 4-8).(40) Legacy Master Science Teacher (Grades 8-12) (Grade 8 only).(41) Mathematics/Physical Science/Engineering: Grades 6-12.(42) Mathematics/Physical Science/Engineering: Grades 8-12 (Grade 8 only).(43) Mathematics/Science: Grades 4-8.(44) Physical Science: Grades 6-12.(45) Physical Science: Grades 8-12 (Grade 8 only).(46) Physics/Mathematics: Grades 7-12.(47) Physics/Mathematics: Grades 8-12 (Grade 8 only).(48) Science: Grades 4-8.(49) Science: Grades 7-12.(50) Science: Grades 8-12 (Grade 8 only).(51) Secondary Biology (Grades 6-12).(52) Secondary Chemistry (Grades 6-12).(53) Secondary Earth Science (Grades 6-12).(54) Secondary Life/Earth Science (Grades 6-12).(55) Secondary Physical Science (Grades 6-12).(56) Secondary Physics (Grades 6-12).(57) Secondary Science (Grades 6-12).(58) Secondary Science, Composite (Grades 6-12).(59) Secondary or all-level teacher certificate plus 18 semester credit hours in any combination of sciences.</content><note type="source"><p>Source Note: The provisions of this §231.65 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective October 8, 2015, 40 TexReg 6890; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective July 21, 2022, 47 TexReg 4319.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.67"><num value="231.67">§231.67</num><heading>Health, Grades 6-8</heading><content>An assignment in a departmentalized classroom for Health, Grades 6-8, is allowed with one of the following certificates. (1) All-Level Health and Physical Education. (2) All-Level Physical Education. (3) Bilingual Generalist: Early Childhood-Grade 6. (4) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core Subjects: Early Childhood-Grade 6. (6) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (7) Elementary Health. (8) Elementary Health and Physical Education. (9) Elementary Physical Education. (10) Elementary Health (Grades 1-8). (11) Elementary Health and Physical Education (Grades 1-8). (12) Elementary Physical Education (Grades 1-8). (13) English as a Second Language Generalist: Early Childhood-Grade 6. (14) Generalist: Early Childhood-Grade 6. (15) Grades 6-12 or Grades 6-8--Health. (16) Grades 6-12 or Grades 6-8--Physical Education. (17) Health: Early Childhood-Grade 12. (18) Junior High School or High School--Health. (19) Junior High School or High School--Health and Physical Education. (20) Junior High School or High School--Physical Education. (21) Physical Education: Early Childhood-Grade 12. (22) Secondary Health (Grades 6-12). (23) Secondary Physical Education (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.67 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.69"><num value="231.69">§231.69</num><heading>Physical Education, Grades 6-8</heading><content>An assignment in a departmentalized classroom for Physical Education, Grades 6-8, is allowed with one of the following certificates. (1) All-Level Health and Physical Education. (2) All-Level Physical Education. (3) Bilingual Generalist: Early Childhood-Grade 6. (4) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6. (5) Core Subjects: Early Childhood-Grade 6. (6) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (7) Elementary Health and Physical Education. (8) Elementary Physical Education. (9) Elementary Physical Education (Grades 1-8). (10) English as a Second Language Generalist: Early Childhood-Grade 6. (11) Generalist: Early Childhood-Grade 6. (12) Grades 6-12 or Grades 6-8--Physical Education. (13) Junior High School or High School--Health and Physical Education. (14) Junior High School or High School--Physical Education. (15) Physical Education: Early Childhood-Grade 12. (16) Secondary Physical Education (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.69 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.71"><num value="231.71">§231.71</num><heading>Art, Middle School 1-3</heading><content>An assignment in a departmentalized classroom for Art, Middle School 1-3, is allowed with one of the following certificates. (1) All-Level Art. (2) Art: Early Childhood-Grade 12. (3) Bilingual Generalist: Early Childhood-Grade 6. (4) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(5) Core Subjects: Early Childhood-Grade 6. (6) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (7) Elementary Art (Grades 1-8). (8) Elementary teacher certificate plus 18 semester credit hours in art. (9) English as a Second Language Generalist: Early Childhood-Grade 6. (10) Generalist: Early Childhood-Grade 6. (11) Grades 6-12 or Grades 6-8--Art. (12) Junior High School or High School--Art. (13) Secondary Art (Grades 6-12). (14) Secondary or all-level teacher certificate plus 18 semester credit hours in art.</content><note type="source"><p>Source Note: The provisions of this §231.71 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective October 8, 2015, 40 TexReg 6890; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.73"><num value="231.73">§231.73</num><heading>Music, Middle School 1-3</heading><content>An assignment in a departmentalized classroom for Music, Middle School 1-3, is allowed with one of the following certificates. (1) All-Level Music. (2) Bilingual Generalist: Early Childhood-Grade 6. (3) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core Subjects: Early Childhood-Grade 6. (5) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. (6) Elementary Music. (7) Elementary Music (Grades 1-8). (8) Elementary teacher certificate plus 18 semester credit hours in music. (9) English as a Second Language Generalist: Early Childhood-Grade 6. (10) Generalist: Early Childhood-Grade 6. (11) Grades 6-12 or Grades 6-8--Music. (12) Junior High School or High School--Music. (13) Music: Early Childhood-Grade 12. (14) Secondary Music (Grades 6-12). (15) Secondary or all-level teacher certificate plus 18 semester credit hours in music.</content><note type="source"><p>Source Note: The provisions of this §231.73 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 29, 2014, 39 TexReg 10474; amended to be effective October 8, 2015, 40 TexReg 6890; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.75"><num value="231.75">§231.75</num><heading>Theatre, Middle School 1-3</heading><content>An assignment in a departmentalized classroom for Theatre, Middle School 1-3, is allowed with one of the following certificates. (1) All-Level Speech and Drama. (2) All-Level Speech Communications/Theatre Arts (Prekindergarten-Grade 12). (3) Core/Fine Arts/Physical Education/Health with Science of Teaching Reading: Early Childhood-Grade 6.(4) Core Subjects: Early Childhood-Grade 6.(5) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6.(6) Elementary Drama. (7) Elementary Theatre Arts (Grades 1-8). (8) Elementary teacher certificate plus 18 semester credit hours in theatre arts/drama. (9) Grades 6-12 or Grades 6-8--Theatre Arts. (10) Junior High School or High School--Drama. (11) Junior High School or High School--Speech and Drama. (12) Secondary Theatre Arts (Grades 6-12). (13) Secondary or all-level teacher certificate plus 18 semester credit hours in theatre arts/drama. (14) Theatre: Early Childhood-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §231.75 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective October 8, 2015, 40 TexReg 6890; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.77"><num value="231.77">§231.77</num><heading>Technology Applications, Grades 6-8</heading><content>An assignment in a departmentalized classroom for Technology Applications, Grades 6-8, is allowed with one of the following certificates. (1) Elementary teacher certificate plus verification of competency to teach computer literacy. (2) Grades 6-12 or Grades 6-8--Computer Information Systems. (3) Information Processing Technologies Endorsement (Level I or II). (4) Junior High School or High School--Computer Information Systems. (5) Mathematics/Physical Science/Engineering: Grades 6-12.(6) Mathematics/Physical Science/Engineering: Grades 8-12. (7) Secondary Computer Information Systems (Grades 6-12). (8) Secondary teacher certificate plus verification of competency to teach computer literacy. (9) Technology Applications: Early Childhood-Grade 12. (10) Technology Applications: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.77 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective October 8, 2015, 40 TexReg 6890; amended to be effective May 15, 2016, 41 TexReg 3304; amended to be effective October 8, 2023, 48 TexReg 5655; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.79"><num value="231.79">§231.79</num><heading>Career Development, Grades 6-8</heading><content>An assignment in a departmentalized classroom for Career and College Exploration, Grades 6-8, for a holder of a valid secondary or all-level certificate is allowed with a Technology Applications: Early Childhood-Grade 12 certificate, a Technology Applications: Grades 8-12 certificate, a Mathematics/Physical Science/Engineering: Grades 6-12 certificate, a Mathematics/Physical Science/Engineering: Grades 8-12 certificate, and any vocational or career and technical education classroom teaching certificate specified in §233.13 of this title (relating to Career and Technical Education (Certificates not requiring experience and preparation in a skill area)) or §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)).</content><note type="source"><p>Source Note: The provisions of this §231.79 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 21, 2017, 42 TexReg 7122; amended to be effective July 21, 2022, 47 TexReg 4319; amended to be effective October 8, 2023, 48 TexReg 5655.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scC/s231.81"><num value="231.81">§231.81</num><heading>Dance, Middle School 1-3</heading><content>An assignment in a departmentalized classroom for Dance, Middle School 1-3, is allowed with the Dance: Grades 6-12 and the Dance: Grades 8-12 certificate.</content><note type="source"><p>Source Note: The provisions of this §231.81 adopted to be effective October 8, 2015, 40 TexReg 6890; amended to be effective October 20, 2019, 44 TexReg 5907.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c231/scD"><num value="D">SUBCHAPTER D</num><heading>ELECTIVES, DISCIPLINARY COURSES, LOCAL CREDIT COURSES, AND INNOVATIVE COURSES, GRADES 6-12 ASSIGNMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c231/scD/s231.91"><num value="231.91">§231.91</num><heading>Junior Reserve Officer Training Corps</heading><content>(a) An assignment for Junior Reserve Officer Training Corps (JROTC), Grades 6-12, is allowed with one of the following credentials. (1) Junior Reserve Officer Training Corps: Grades 6-12 certificate. (2) Emergency permit for Junior Reserve Officer Training Corps (JROTC), Grades 6-12. (b) An emergency permit for JROTC may not be renewed, but must be reissued every year as specified in §230.77(g)(4) of this title (relating to Specific Requirements for Initial Emergency Permits). (c) School districts must apply and pay for reissuance of a new JROTC instructor emergency permit each year the instructor serves.</content><note type="source"><p>Source Note: The provisions of this §231.91 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective May 15, 2016, 41 TexReg 3304; amended to be effective December 27, 2020, 45 TexReg 9183; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scD/s231.93"><num value="231.93">§231.93</num><heading>Athletics; Cheerleading; Drill Team; Marching Band</heading><content>An assignment for Athletics, Cheerleading, Drill Team, and Marching Band is allowed with a valid certificate that matches the grade level of the assignment.</content><note type="source"><p>Source Note: The provisions of this §231.93 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 27, 2020, 45 TexReg 9183.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scD/s231.95"><num value="231.95">§231.95</num><heading>Disciplinary Alternative Education Programs</heading><content>An assignment for Disciplinary Alternative Education Programs, Grades 9-12, is allowed with one of the following certificates.(1) An assignment for an In School Suspension Class for students assigned less than six weeks is allowed with a valid Educational Aide III certificate under daily supervision of a teacher certified at the grade level of the assignment.(2) An assignment for an In School Suspension Class for students assigned more than six weeks is allowed with a valid certificate that matches the grade level of the assignment.</content><note type="source"><p>Source Note: The provisions of this §231.95 adopted to be effective August 15, 2013, 38 TexReg 5076.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scD/s231.97"><num value="231.97">§231.97</num><heading>Innovative Course</heading><content>An assignment for an Innovative Course is allowed with a valid certificate that matches the grade level of the assignment and the teacher qualifications specified in the approved innovative course description as determined by the Texas Education Agency.</content><note type="source"><p>Source Note: The provisions of this §231.97 adopted to be effective August 15, 2013, 38 TexReg 5076; amended to be effective December 27, 2016, 41 TexReg 10322; amended to be effective October 20, 2019, 44 TexReg 5907.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scD/s231.99"><num value="231.99">§231.99</num><heading>Local Credit Course</heading><content>An assignment where local credit is given is allowed with a valid certificate that matches the grade level of the assignment or appropriate qualifications as determined by the school district.</content><note type="source"><p>Source Note: The provisions of this §231.99 adopted to be effective August 15, 2013, 38 TexReg 5076.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scD/s231.101"><num value="231.101">§231.101</num><heading>Advanced Placement Course; International Baccalaureate Course</heading><content>An assignment for an Advanced Placement or International Baccalaureate Course is allowed with a valid certificate that matches the subject and grade level of the assignment unless otherwise specified in this chapter.</content><note type="source"><p>Source Note: The provisions of this §231.101 adopted to be effective August 15, 2013, 38 TexReg 5076.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scD/s231.103"><num value="231.103">§231.103</num><heading>Driver Education, Grades 9-12</heading><content>An assignment for Driver Education, Grades 9-12, is allowed with a valid Driver Education Endorsement.</content><note type="source"><p>Source Note: The provisions of this §231.103 adopted to be effective August 15, 2013, 38 TexReg 5076.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c231/scE"><num value="E">SUBCHAPTER E</num><heading>GRADES 9-12 ASSIGNMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.131"><num value="231.131">§231.131</num><heading>English I-IV, Grades 9-12</heading><content>An assignment for English I-IV, Grades 9-12, is allowed with one of the following certificates. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English. (4) Grades 6-12 or Grades 9-12--English Language Arts, Composite. (5) Junior High School (Grades 9-10 only) or High School--English. (6) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. (7) Secondary English (Grades 6-12). (8) Secondary English Language Arts, Composite (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.131 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.133"><num value="231.133">§231.133</num><heading>English I and II for Speakers of Other Languages, Grades 9-12</heading><content>(a) An assignment for English I and II for Speakers of Other Languages and English Language Development and Acquisition (ELDA), Grades 9-12, is allowed with one of the following certificates plus a valid English as a Second Language or bilingual education certificate, supplemental certificate, or endorsement listed in subsection (b) of this section. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English. (4) Grades 6-12 or Grades 9-12--English Language Arts, Composite. (5) Junior High School (Grades 9-10 only) or High School--English. (6) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. (7) Secondary English (Grades 6-12). (8) Secondary English Language Arts, Composite (Grades 6-12). (b) An assignment for English I and II for Speakers of Other Languages and English Language Development and Acquisition (ELDA), Grades 9-12, is allowed with one of the following English as a Second Language or bilingual education certificate, supplemental certificate, or endorsement plus a valid certificate listed in subsection (a) of this section. (1) Bilingual Education Supplemental. (2) Bilingual Education Supplemental: American Sign Language.(3) Bilingual Education Supplemental: Arabic.(4) Bilingual Education Supplemental: Japanese.(5) Bilingual Education Supplemental: Mandarin Chinese.(6) Bilingual Education Supplemental: Spanish.(7) Bilingual Education Supplemental: Vietnamese.(8) Bilingual Education Supplemental (Early Childhood-Grade 4). (9) Bilingual Education Supplemental (Grades 4-8). (10) Bilingual Endorsement. (11) Bilingual/English as a Second Language Endorsement.(12) Bilingual Special Education Supplemental: Early Childhood-Grade 12. (13) English as a Second Language Endorsement. (14) English as a Second Language Supplemental. (15) Junior High School (Grades 9-10 only) or High School--Bilingual/English as a Second Language. (16) Prekindergarten-Grade 12--Bilingual/English as a Second Language. (17) Prekindergarten-Grade 12--English as a Second Language. (18) Secondary Bilingual/English as a Second Language (Grades 6-12). (c) At the discretion of the employing school district, persons assigned to teach English for Speakers of Other Languages (ESOL) I or ESOL II prior to June 21, 2009, may continue in the assignment without holding an English, English Language Arts Composite, or English Language Arts and Reading certificate. If a person is reassigned and later returns to teach in an ESOL I or ESOL II assignment, current rules will apply.</content><note type="source"><p>Source Note: The provisions of this §231.133 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.135"><num value="231.135">§231.135</num><heading>English as a Second Language, Grades 9-12</heading><content>An assignment for English as a Second Language, Grades 9-12, is allowed with a valid classroom teaching certificate appropriate for the grade level and subject areas taught plus one of the following certificates. (1) Bilingual Education Supplemental. (2) Bilingual Education Supplemental: American Sign Language.(3) Bilingual Education Supplemental: Arabic.(4) Bilingual Education Supplemental: Japanese.(5) Bilingual Education Supplemental: Mandarin Chinese.(6) Bilingual Education Supplemental: Spanish.(7) Bilingual Education Supplemental: Vietnamese.(8) Bilingual Education Supplemental (Early Childhood-Grade 4). (9) Bilingual Education Supplemental (Grades 4-8). (10) Bilingual Endorsement. (11) Bilingual/English as a Second Language Endorsement.(12) Bilingual Special Education Supplemental: Early Childhood-Grade 12.(13) English as a Second Language Endorsement. (14) English as a Second Language Supplemental. (15) Junior High School (Grades 9-10 only) or High School--Bilingual/English as a Second Language. (16) Prekindergarten-Grade 12--Bilingual/English as a Second Language. (17) Prekindergarten-Grade 12--English as a Second Language. (18) Secondary Bilingual/English as a Second Language (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.135 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.137"><num value="231.137">§231.137</num><heading>Reading I, II, and III, Grades 9-12</heading><content>An assignment for Reading I, II, and III, Grades 9-12, is allowed with one of the following certificates. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English, Junior High School (Grades 9-10 only) or High School--English, Secondary English (Grades 6-12). This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (4) Grades 6-12 or Grades 9-12--English Language Arts, Composite, Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite, Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (5) Grades 6-12 or Grades 9-12--Reading. (6) Junior High School (Grades 9-10 only) or High School--Reading. (7) Legacy Master Reading Teacher (Early Childhood-Grade 12). (8) Reading Specialist. (9) Reading Specialist (Early Childhood-Grade 12). (10) Secondary Reading (Grades 6-12). (11) Secondary or all-level teacher certificate plus nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. Initial assignments beginning with the 1990-1991 school year require a teaching field in English plus nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.</content><note type="source"><p>Source Note: The provisions of this §231.137 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.139"><num value="231.139">§231.139</num><heading>College Readiness and Study Skills, Grades 9-12</heading><content>An assignment for College Readiness and Study Skills, Grades 9-12, is allowed with one of the following certificates. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English, Junior High School (Grades 9-10 only) or High School--English, Secondary English (Grades 6-12). This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (4) Grades 6-12 or Grades 9-12--English Language Arts, Composite, Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite, Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. (5) Grades 6-12 or Grades 9-12--Reading. (6) Junior High School (Grades 9-10 only) or High School--Reading. (7) Legacy Master Reading Teacher (Early Childhood-Grade 12). (8) Reading Specialist. (9) Reading Specialist (Early Childhood-Grade 12). (10) Secondary Reading (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.139 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.141"><num value="231.141">§231.141</num><heading>Writing, Grades 9-12</heading><content>An assignment for Research and Technical Writing, Creative Writing, Practical Writing Skills, Literary Genres, Humanities, Independent Study in English, Visual Media Analysis and Production, or Contemporary Media, Grades 9-12, is allowed with one of the following certificates. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English. (4) Grades 6-12 or Grades 9-12--English Language Arts, Composite. (5) Junior High School (Grades 9-10 only) or High School--English. (6) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. (7) Secondary English (Grades 6-12). (8) Secondary English Language Arts, Composite (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.141 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.143"><num value="231.143">§231.143</num><heading>Speech, Grades 9-12</heading><content>An assignment for Oral Interpretation I, II, and III, Debate I, II, and III, Public Speaking I, II, and III, Independent Study in Speech, or Communications Applications, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Speech and Drama. (2) All-Level Speech Communications/Theatre Arts (Prekindergarten-Grade 12). (3) Grades 6-12 or Grades 9-12--Speech Communications. (4) Junior High School (Grades 9-10 only) or High School--Speech. (5) Junior High School (Grades 9-10 only) or High School--Speech and Drama. (6) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. This assignment includes at least six semester hours in speech. (7) Secondary Speech Communications (Grades 6-12 or Grades 9-12). (8) Speech: Grades 7-12. (9) Speech: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.143 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.145"><num value="231.145">§231.145</num><heading>Journalism, Grades 9-12</heading><content>An assignment for Journalism, Advanced Journalism, Yearbook I-III, Literary Magazine, Newspaper I-III, Photojournalism, Advanced Broadcast Journalism I-III, or Independent Study in Journalism, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Journalism. (2) Grades 6-12 or Grades 9-12--English Language Arts, Composite. This assignment includes at least six semester credit hours in Journalism. (3) Journalism: Grades 7-12. (4) Journalism: Grades 8-12. (5) Junior High School (Grades 9-10 only) or High School--Journalism. (6) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. This assignment includes at least six semester credit hours in Journalism. (7) Secondary Journalism (Grades 6-12). (8) Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours in Journalism.</content><note type="source"><p>Source Note: The provisions of this §231.145 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.161"><num value="231.161">§231.161</num><heading>Languages Other Than English, Grades 9-12</heading><content>An assignment for Languages Other Than English, Levels I-VII, Classical Languages, Levels I-VII, Discovering Languages and Cultures, Seminars in Languages Other Than English, Seminar in Classical Languages, Advanced Language for Career Exploration, or Special Topics in Language and Culture, Grades 9-12, is allowed with one of the following certificates. (1) Languages Other Than English certificate in the appropriate language (Early Childhood-Grade 12). (2) Secondary teacher certificate in the appropriate language of assignment.</content><note type="source"><p>Source Note: The provisions of this §231.161 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.163"><num value="231.163">§231.163</num><heading>American Sign Language, Grades 9-12</heading><content>(a) An assignment for American Sign Language, Levels I-IV or American Sign Language, Advanced Independent Study, Grades 9-12, is allowed with one of the following certificates. (1) American Sign Language. (2) American Sign Language: Early Childhood-Grade 12. (b) The Texas Assessment of Sign Communication-American Sign Language (TASC-ASL) is required for an American Sign Language assignment.</content><note type="source"><p>Source Note: The provisions of this §231.163 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.181"><num value="231.181">§231.181</num><heading>History, Grades 9-12</heading><content>An assignment for History, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--History. (2) Grades 6-12 or Grades 9-12--Social Studies. (3) Grades 6-12 or Grades 9-12--Social Studies, Composite. (4) History: Grades 7-12. (5) History: Grades 8-12. (6) Junior High School (Grades 9-10 only) or High School--History. (7) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (8) Secondary History (Grades 6-12). (9) Secondary Social Studies (Grades 6-12). (10) Secondary Social Studies, Composite (Grades 6-12). (11) Social Studies: Grades 7-12. (12) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.181 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.183"><num value="231.183">§231.183</num><heading>Geography, Grades 9-12</heading><content>An assignment for Geography, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Geography. (2) Grades 6-12 or Grades 9-12--Social Studies. (3) Grades 6-12 or Grades 9-12--Social Studies, Composite. (4) Junior High School (Grades 9-10 only) or High School--Geography. (5) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (6) Secondary Geography (Grades 6-12). (7) Secondary Social Studies (Grades 6-12). (8) Secondary Social Studies, Composite (Grades 6-12). (9) Social Studies: Grades 7-12. (10) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.183 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.185"><num value="231.185">§231.185</num><heading>Government, Grades 9-12</heading><content>An assignment for Government, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Government. (2) Grades 6-12 or Grades 9-12--Social Studies. (3) Grades 6-12 or Grades 9-12--Social Studies, Composite. (4) Junior High School (Grades 9-10 only) or High School--Government-Political Science. (5) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (6) Secondary Government (Grades 6-12). (7) Secondary Social Studies (Grades 6-12). (8) Secondary Social Studies, Composite (Grades 6-12). (9) Social Studies: Grades 7-12. (10) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.185 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.187"><num value="231.187">§231.187</num><heading>Psychology, Grades 9-12</heading><content>An assignment for Psychology, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Psychology. (2) Grades 6-12 or Grades 9-12--Social Studies. (3) Grades 6-12 or Grades 9-12--Social Studies, Composite. (4) Junior High School (Grades 9-10 only) or High School--Psychology. (5) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (6) Secondary Psychology (Grades 6-12). (7) Secondary Social Studies (Grades 6-12). (8) Secondary Social Studies, Composite (Grades 6-12). (9) Social Studies: Grades 7-12. (10) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.187 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.189"><num value="231.189">§231.189</num><heading>Sociology, Grades 9-12</heading><content>An assignment for Sociology, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Sociology. (2) Grades 6-12 or Grades 9-12--Social Studies. (3) Grades 6-12 or Grades 9-12--Social Studies, Composite. (4) Junior High School (Grades 9-10 only) or High School--Sociology. (5) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (6) Secondary Sociology (Grades 6-12). (7) Secondary Social Studies (Grades 6-12). (8) Secondary Social Studies, Composite (Grades 6-12). (9) Social Studies: Grades 7-12. (10) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.189 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.191"><num value="231.191">§231.191</num><heading>Special Topics in Social Studies, Grades 9-12</heading><content>An assignment for Social Studies Advanced Studies, Special Topics in Social Studies, or Social Studies Research Methods, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Economics. (2) Grades 6-12 or Grades 9-12--Geography. (3) Grades 6-12 or Grades 9-12--Government. (4) Grades 6-12 or Grades 9-12--History. (5) Grades 6-12 or Grades 9-12--Psychology. (6) Grades 6-12 or Grades 9-12--Social Studies. (7) Grades 6-12 or Grades 9-12--Social Studies, Composite. (8) Grades 6-12 or Grades 9-12--Sociology. (9) History: Grades 7-12. (10) History: Grades 8-12. (11) Junior High School (Grades 9-10 only) or High School--Anthropology. (12) Junior High School (Grades 9-10 only) or High School--Economics. (13) Junior High School (Grades 9-10 only) or High School--Geography. (14) Junior High School (Grades 9-10 only) or High School--Government-Political Science. (15) Junior High School (Grades 9-10 only) or High School--History. (16) Junior High School (Grades 9-10 only) or High School--Psychology. (17) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (18) Junior High School (Grades 9-10 only) or High School--Sociology. (19) Secondary Economics (Grades 6-12). (20) Secondary Geography (Grades 6-12). (21) Secondary Government (Grades 6-12). (22) Secondary History (Grades 6-12). (23) Secondary Psychology (Grades 6-12). (24) Secondary Social Studies (Grades 6-12). (25) Secondary Social Studies, Composite (Grades 6-12). (26) Secondary Sociology (Grades 6-12). (27) Social Studies: Grades 7-12. (28) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.191 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.193"><num value="231.193">§231.193</num><heading>Economics and Personal Financial Literacy, Grades 9-12</heading><content>An assignment for Economics with Emphasis on the Free Enterprise System and Its Benefits, Economics Advanced Studies, Personal Financial Literacy, or Personal Financial Literacy and Economics, Grades 9-12, is allowed with one of the following certificates. (1) Any business certificate. (2) Grades 6-12 or Grades 9-12--Economics. (3) Grades 6-12 or Grades 9-12--Social Studies. (4) Grades 6-12 or Grades 9-12--Social Studies, Composite. (5) Junior High School (Grades 9-10 only) or High School--Economics. (6) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (7) Secondary Economics (Grades 6-12). (8) Secondary Social Studies (Grades 6-12). (9) Secondary Social Studies, Composite (Grades 6-12). (10) Social Studies: Grades 7-12. (11) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.193 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.195"><num value="231.195">§231.195</num><heading>Ethnic Studies, Grades 9-12</heading><content>An assignment for Ethnic Studies: Mexican American Studies or Ethnic Studies: African American Studies, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--History. (2) Grades 6-12 or Grades 9-12--Social Studies. (3) Grades 6-12 or Grades 9-12--Social Studies, Composite. (4) History: Grades 7-12. (5) History: Grades 8-12. (6) Junior High School (Grades 9-10 only) or High School--History. (7) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (8) Secondary History (Grades 6-12). (9) Secondary Social Studies (Grades 6-12). (10) Secondary Social Studies, Composite (Grades 6-12). (11) Social Studies: Grades 7-12. (12) Social Studies: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.195 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.211"><num value="231.211">§231.211</num><heading>Mathematics, Grades 9-12</heading><content>An assignment for Mathematics, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Mathematics. (2) Junior High School (Grades 9-10 only) or High School--Mathematics. (3) Junior High School (Grades 9-10 only) or High School--Mathematical Science, Composite. (4) Legacy Master Mathematics Teacher (Grades 8-12). (5) Mathematics: Grades 7-12. (6) Mathematics: Grades 8-12. (7) Mathematics/Physical Science/Engineering: Grades 6-12. (8) Mathematics/Physical Science/Engineering: Grades 8-12. (9) Physics/Mathematics: Grades 7-12. (10) Physics/Mathematics: Grades 8-12. (11) Secondary Mathematics (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.211 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.213"><num value="231.213">§231.213</num><heading>Algebraic Reasoning, Grades 9-12</heading><content>An assignment for Algebraic Reasoning, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Mathematics. (2) Junior High School (Grades 9-10 only) or High School--Mathematics. (3) Junior High School (Grades 9-10 only) or High School--Mathematical Science, Composite. (4) Legacy Master Mathematics Teacher (Grades 8-12). (5) Mathematics: Grades 7-12. (6) Mathematics: Grades 8-12. (7) Mathematics/Physical Science/Engineering: Grades 6-12. (8) Mathematics/Physical Science/Engineering: Grades 8-12. (9) Physics/Mathematics: Grades 7-12. (10) Physics/Mathematics: Grades 8-12. (11) Secondary Mathematics (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.213 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.215"><num value="231.215">§231.215</num><heading>Statistics, Grades 9-12</heading><content>An assignment for Statistics, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Mathematics. (2) Junior High School (Grades 9-10 only) or High School--Mathematics. (3) Junior High School (Grades 9-10 only) or High School--Mathematical Science, Composite. (4) Legacy Master Mathematics Teacher (Grades 8-12). (5) Mathematics: Grades 7-12. (6) Mathematics: Grades 8-12. (7) Mathematics/Physical Science/Engineering: Grades 6-12. (8) Mathematics/Physical Science/Engineering: Grades 8-12. (9) Physics/Mathematics: Grades 7-12. (10) Physics/Mathematics: Grades 8-12. (11) Secondary Mathematics (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.215 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.231"><num value="231.231">§231.231</num><heading>Biology, Grades 9-12</heading><content>An assignment for Biology, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Biology. (2) Grades 6-12 or Grades 9-12--Science. (3) Grades 6-12 or Grades 9-12--Science, Composite. (4) Junior High School (Grades 9-10 only) or High School--Biology. (5) Junior High School (Grades 9-10 only) or High School--Science. (6) Junior High School (Grades 9-10 only) or High School--Science, Composite. (7) Life Science: Grades 7-12. (8) Life Science: Grades 8-12. (9) Legacy Master Science Teacher (Grades 8-12). (10) Science: Grades 7-12. (11) Science: Grades 8-12. (12) Secondary Biology (Grades 6-12). (13) Secondary Science (Grades 6-12). (14) Secondary Science, Composite (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.231 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.233"><num value="231.233">§231.233</num><heading>Chemistry, Grades 9-12</heading><content>An assignment for Chemistry, Grades 9-12, is allowed with one of the following certificates. (1) Chemistry: Grades 7-12. (2) Chemistry: Grades 8-12. (3) Grades 6-12 or Grades 9-12--Chemistry. (4) Grades 6-12 or Grades 9-12--Science. (5) Grades 6-12 or Grades 9-12--Science, Composite. (6) Junior High School (Grades 9-10 only) or High School--Chemistry. (7) Junior High School (Grades 9-10 only) or High School--Science. (8) Junior High School (Grades 9-10 only) or High School--Science, Composite. (9) Legacy Master Science Teacher (Grades 8-12). (10) Mathematics/Physical Science/Engineering: Grades 6-12. (11) Mathematics/Physical Science/Engineering: Grades 8-12. (12) Physical Science: Grades 6-12. (13) Physical Science: Grades 8-12. (14) Science: Grades 7-12. (15) Science: Grades 8-12. (16) Secondary Chemistry (Grades 6-12). (17) Secondary Science (Grades 6-12). (18) Secondary Science, Composite (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.233 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.235"><num value="231.235">§231.235</num><heading>Physics, Grades 9-12</heading><content>An assignment for Physics, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Physics. (2) Grades 6-12 or Grades 9-12--Science. (3) Grades 6-12 or Grades 9-12--Science, Composite. (4) Junior High School (Grades 9-10 only) or High School--Physics. (5) Junior High School (Grades 9-10 only) or High School--Science. (6) Junior High School (Grades 9-10 only) or High School--Science, Composite. (7) Legacy Master Science Teacher (Grades 8-12). (8) Mathematics/Physical Science/Engineering: Grades 6-12. (9) Mathematics/Physical Science/Engineering: Grades 8-12. (10) Physical Science: Grades 6-12. (11) Physical Science: Grades 8-12. (12) Physics/Mathematics: Grades 7-12. (13) Physics/Mathematics: Grades 8-12. (14) Science: Grades 7-12. (15) Science: Grades 8-12. (16) Secondary Physics (Grades 6-12). (17) Secondary Science (Grades 6-12). (18) Secondary Science, Composite (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.235 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.237"><num value="231.237">§231.237</num><heading>Integrated Physics and Chemistry, Grades 9-12</heading><content>An assignment for Integrated Physics and Chemistry, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Physical Science. (2) Grades 6-12 or Grades 9-12--Science. (3) Grades 6-12 or Grades 9-12--Science, Composite. (4) Junior High School (Grades 9-10 only) or High School--Chemistry, if issued prior to September 1, 1976. (5) Junior High School (Grades 9-10 only) or High School--Physical Science. (6) Junior High School (Grades 9-10 only) or High School--Physics, if issued prior to September 1, 1976. (7) Junior High School (Grades 9-10 only) or High School--Science. (8) Junior High School (Grades 9-10 only) or High School--Science, Composite. (9) Legacy Master Science Teacher (Grades 8-12). (10) Mathematics/Physical Science/Engineering: Grades 6-12. (11) Mathematics/Physical Science/Engineering: Grades 8-12. (12) Physical Science: Grades 6-12. (13) Physical Science: Grades 8-12. (14) Science: Grades 7-12. (15) Science: Grades 8-12. (16) Secondary Physical Science (Grades 6-12). (17) Secondary Science (Grades 6-12). (18) Secondary Science, Composite (Grades 6-12). (19) Secondary or All-Level classroom teaching certificate dated between September 1, 1966, and September 1, 1976, plus 24 semester credit hours in a combination of sciences completed prior to September 1, 1976.</content><note type="source"><p>Source Note: The provisions of this §231.237 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.239"><num value="231.239">§231.239</num><heading>Physics for Engineering, Grades 9-12</heading><content>(a) An assignment for Physics for Engineering, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Industrial Arts. (2) Grades 6-12 or Grades 9-12--Industrial Technology. (3) Grades 6-12 or Grades 9-12--Physics. (4) Grades 6-12 or Grades 9-12--Science. (5) Grades 6-12 or Grades 9-12--Science, Composite. (6) Junior High School (Grades 9-10 only) or High School--Industrial Arts. (7) Junior High School (Grades 9-10 only) or High School--Physics. (8) Junior High School (Grades 9-10 only) or High School--Science, Composite. (9) Legacy Master Science Teacher (Grades 8-12). (10) Mathematics/Physical Science/Engineering: Grades 6-12. (11) Mathematics/Physical Science/Engineering: Grades 8-12. (12) Physical Science: Grades 6-12. (13) Physical Science: Grades 8-12. (14) Physics/Mathematics: Grades 7-12. (15) Physics/Mathematics: Grades 8-12. (16) Science: Grades 7-12. (17) Science: Grades 8-12. (18) Secondary Industrial Arts (Grades 6-12). (19) Secondary Industrial Technology (Grades 6-12). (20) Secondary Physics (Grades 6-12). (21) Secondary Science (Grades 6-12). (22) Secondary Science, Composite (Grades 6-12). (23) Technology Education: Grades 6-12. (b) An assignment for Physics for Engineering, Grades 9-12, may also be taught with a vocational agriculture certificate or a trades and industry certificate with verifiable physics applications experience in business and industry, if assigned prior to the 1998-1999 school year. Six semester credit hours of college physics, chemistry, or electricity/electronics may be substituted for the business and industry experience.</content><note type="source"><p>Source Note: The provisions of this §231.239 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.241"><num value="231.241">§231.241</num><heading>Astronomy, Grades 9-12</heading><content>An assignment for Astronomy, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Earth Science. (2) Grades 6-12 or Grades 9-12--Science. (3) Grades 6-12 or Grades 9-12--Science, Composite. (4) Junior High School (Grades 9-10 only) or High School--Earth Science. (5) Junior High School (Grades 9-10 only) or High School--Science. (6) Junior High School (Grades 9-10 only) or High School--Science, Composite. (7) Legacy Master Science Teacher (Grades 8-12). (8) Mathematics/Physical Science/Engineering: Grades 6-12. (9) Mathematics/Physical Science/Engineering: Grades 8-12. (10) Physical Science: Grades 6-12. (11) Physical Science: Grades 8-12. (12) Physics/Mathematics: Grades 7-12. (13) Physics/Mathematics: Grades 8-12. (14) Science: Grades 7-12. (15) Science: Grades 8-12. (16) Secondary Earth Science (Grades 6-12). (17) Secondary Physics (Grades 6-12). (18) Secondary Science (Grades 6-12). (19) Secondary Science, Composite (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.241 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.243"><num value="231.243">§231.243</num><heading>Earth Systems Science, Grades 9-12</heading><content>An assignment for Earth Systems Science, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Earth Science. (2) Grades 6-12 or Grades 9-12--Science. (3) Grades 6-12 or Grades 9-12--Science, Composite. (4) Junior High School (Grades 9-10 only) or High School--Earth Science. (5) Junior High School (Grades 9-10 only) or High School--Science. (6) Junior High School (Grades 9-10 only) or High School--Science, Composite. (7) Legacy Master Science Teacher (Grades 8-12). (8) Mathematics/Physical Science/Engineering: Grades 6-12. (9) Mathematics/Physical Science/Engineering: Grades 8-12. (10) Physical Science: Grades 6-12. (11) Physical Science: Grades 8-12. (12) Science: Grades 7-12. (13) Science: Grades 8-12. (14) Secondary Earth Science (Grades 6-12). (15) Secondary Science (Grades 6-12). (16) Secondary Science, Composite (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.243 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.245"><num value="231.245">§231.245</num><heading>Environmental Systems, Environmental Science, and Aquatic Science, Grades 9-12</heading><content>(a) An assignment for Environmental Systems, Advanced Placement (AP) Environmental Science, International Baccalaureate (IB) Environmental Systems, or Aquatic Science, Grades 9-12, is allowed with one of the following certificates. (1) Chemistry: Grades 7-12. (2) Chemistry: Grades 8-12. (3) Grades 6-12 or Grades 9-12--Biology. (4) Grades 6-12 or Grades 9-12--Earth Science. (5) Grades 6-12 or Grades 9-12--Science. (6) Grades 6-12 or Grades 9-12--Science, Composite. (7) Junior High School (Grades 9-10 only) or High School--Biology. (8) Junior High School (Grades 9-10 only) or High School--Earth Science. (9) Junior High School (Grades 9-10 only) or High School--Science. (10) Junior High School (Grades 9-10 only) or High School--Science, Composite. (11) Legacy Master Science Teacher (Grades 8-12). (12) Life Science: Grades 7-12 or Grades 8-12. (13) Science: Grades 7-12. (14) Science: Grades 8-12. (15) Secondary Biology (Grades 6-12). (16) Secondary Earth Science (Grades 6-12). (17) Secondary Science (Grades 6-12). (18) Secondary Science, Composite (Grades 6-12). (b) An assignment for Environmental Systems, AP Environmental Science, or IB Environmental Systems, Grades 9-12, is allowed with a valid secondary or all-level teacher certificate plus 24 semester credit hours in science, including at least 12 semester credit hours in environmental science and/or ecology if assigned prior to the 1989-1990 school year or any science teaching certificate with 12 semester credit hours in environmental science and/or ecology.</content><note type="source"><p>Source Note: The provisions of this §231.245 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.247"><num value="231.247">§231.247</num><heading>Anatomy and Physiology, Medical Microbiology, and Pathophysiology, Grades 9-12</heading><content>An assignment for Anatomy and Physiology, Medical Microbiology, or Pathophysiology, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Biology. (2) Grades 6-12 or Grades 9-12--Science. (3) Grades 6-12 or Grades 9-12--Science, Composite. (4) Health Science: Grades 6-12. (5) Health Science Technology. (6) Health Science Technology Education: Grades 8-12. (7) Junior High School (Grades 9-10 only) or High School--Biology. (8) Junior High School (Grades 9-10 only) or High School--Science. (9) Junior High School (Grades 9-10 only) or High School--Science, Composite. (10) Legacy Master Science Teacher (Grades 8-12). (11) Life Science: Grades 7-12. (12) Life Science: Grades 8-12. (13) Science: Grades 7-12. (14) Science: Grades 8-12. (15) Secondary Biology (Grades 6-12). (16) Secondary Science (Grades 6-12). (17) Secondary Science, Composite (Grades 6-12). (18) Vocational Handicapped Health. (19) Vocational Health Occupations. (20) Vocational Health Occupations/Cooperative Training. (21) Vocational Health Occupations/Pre-employment Lab.</content><note type="source"><p>Source Note: The provisions of this §231.247 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.249"><num value="231.249">§231.249</num><heading>Scientific Research and Design, Grades 9-12</heading><content>An assignment for Scientific Research and Design, Grades 9-12, is allowed with one of the following certificates. (1) Any science certificate valid for Grades 6-12, Grades 7-12, or Grades 8-12. (2) Any secondary science teaching field.(3) Any vocational or career and technical education certificate valid for the subject and grade level taught. This assignment requires a bachelor's degree and 18 semester credit hours in any combination of sciences.(4) Legacy Master Science Teacher (Grades 8-12).</content><note type="source"><p>Source Note: The provisions of this §231.249 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.251"><num value="231.251">§231.251</num><heading>Specialized Topics in Science, Grades 9-12</heading><content>An assignment for Specialized Topics in Science, Grades 9-12, is allowed with one of the following certificates. (1) Any science certificate valid for Grades 6-12, Grades 7-12, or Grades 8-12. (2) Any secondary science teaching field. (3) Legacy Master Science Teacher (Grades 8-12).</content><note type="source"><p>Source Note: The provisions of this §231.251 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.271"><num value="231.271">§231.271</num><heading>Health and Physical Education, Grades 9-12</heading><content>(a) An assignment for Health, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Health and Physical Education. (2) Grades 6-12 or Grades 9-12--Health. (3) Health: Early Childhood-Grade 12. (4) Junior High School (Grades 9-10 only) or High School--Health. (5) Junior High School (Grades 9-10 only) or High School--Health and Physical Education. (6) Secondary Health (Grades 6-12). (b) An assignment for Physical Education, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Health and Physical Education. (2) All-Level Physical Education. (3) Grades 6-12 or Grades 9-12--Physical Education. (4) Junior High School (Grades 9-10 only) or High School--Physical Education. (5) Junior High School (Grades 9-10 only) or High School--Health and Physical Education. (6) Physical Education: Early Childhood-Grade 12. (7) Secondary Physical Education (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.271 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.281"><num value="231.281">§231.281</num><heading>Art, Music, Theatre, and Dance, Grades 9-12</heading><content>(a) An assignment for Art, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Art. (2) Art: Early Childhood-Grade 12. (3) Grades 6-12 or Grades 9-12--Art. (4) Junior High School (Grades 9-10 only) or High School--Art. (5) Secondary Art (Grades 6-12). (b) An assignment for Music, including Music Studies, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Music. (2) Grades 6-12 or Grades 9-12--Music. (3) Junior High School (Grades 9-10 only) or High School--Music. (4) Music: Early Childhood-Grade 12. (5) Secondary Music (Grades 6-12). (c) An assignment for Theatre, including Musical Theatre and Technical Theatre, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Speech/Drama. (2) All-Level Speech Communications/Theatre Arts (Prekindergarten-Grade 12). (3) All-Level Theatre Arts (Prekindergarten-Grade 12). (4) Grades 6-12 or Grades 9-12--Theatre Arts. (5) Junior High School (Grades 9-10 only) or High School--Drama. (6) Junior High School (Grades 9-10 only) or High School--Speech and Drama. (7) Secondary Theatre Arts (Grades 6-12). (8) Theatre: Early Childhood-Grade 12. (d) An assignment for Dance, Grades 9-12, is allowed with one of the following certificates. (1) Dance: Grades 8-12. (2) Dance: Grades 6-12. (3) Grades 6-12 or Grades 9-12--Dance. (4) Junior High School (Grades 9-10 only) or High School--Dance. (5) Secondary Dance (Grades 6-12). (e) An assignment for International Baccalaureate Film Standard Level and Higher Level, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Speech/Drama. (2) All-Level Speech Communications/Theatre Arts (Prekindergarten-Grade 12). (3) All-Level Theatre Arts (Prekindergarten-Grade 12). (4) English Language Arts and Reading: Grades 7-12. (5) English Language Arts and Reading: Grades 8-12. (6) Grades 6-12 or Grades 9-12--English. (7) Grades 6-12 or Grades 9-12--English Language Arts, Composite. (8) Grades 6-12 or Grades 9-12--Theatre Arts. (9) Secondary English (Grades 6-12). (10) Secondary English Language Arts, Composite (Grades 6-12). (11) Secondary Theatre Arts (Grades 6-12). (12) Theatre: Early Childhood-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §231.281 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.291"><num value="231.291">§231.291</num><heading>Career Development, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (e) of this section, an assignment for Career Preparation General, Career Preparation for Programs of Study, or Extended Career Preparation, Grades 9-12, is allowed with one of the following certificates. (1) Any special education certificate so long as, beginning with the 2020-2021 school year, the special education-certified teacher assigned to teach this course shall complete Texas Education Agency-approved training found at tea.texas.gov/cte prior to teaching this course.(2) Any vocational or career and technical education (CTE) classroom teaching certificate valid for the subject and grade level taught.(3) Mathematics/Physical Science/Engineering: Grades 6-12. (4) Mathematics/Physical Science/Engineering: Grades 8-12. (5) Technology Applications: Early Childhood-Grade 12. (6) Technology Applications: Grades 8-12. (b) An assignment for Project-Based Research, Grades 9-12, is allowed with one of the following certificates. (1) Any vocational or CTE classroom teaching certificate valid for the subject and grade level taught. (2) Technology Applications: Early Childhood-Grade 12. (3) Technology Applications: Grades 8-12. (c) An assignment for Applied Mathematics for Technical Professionals, Grades 9-12, is allowed with one of the following certificates. (1) Any vocational or CTE classroom teaching certificate valid for the subject and grade level taught. This assignment requires a bachelor's degree.(2) Computer Science: Grades 8-12. (3) Grades 6-12 or Grades 9-12--Computer Information Systems. (4) Grades 6-12 or Grades 9-12 Mathematics. (5) Junior High School (Grades 9-10 only) or High School--Computer Information Systems. (6) Legacy Master Mathematics Teacher (Grades 8-12). (7) Mathematics: Grades 7-12. (8) Mathematics: Grades 8-12. (9) Mathematics/Physical Science/Engineering: Grades 6-12. (10) Mathematics/Physical Science/Engineering: Grades 8-12. (11) Physics/Mathematics: Grades 7-12. (12) Physics/Mathematics: Grades 8-12. (13) Secondary Mathematics (Grades 6-12). (14) Secondary Computer Information Systems (Grades 6-12). (15) Technology Applications: Grades 8-12. (16) Technology Applications: Early Childhood-Grade 12. (d) All teachers assigned to Applied Mathematics for Technical Professionals shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.(e) The school district is responsible for ensuring that each teacher assigned to Career Preparation I, Career Preparation II, or Extended Career Preparation, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.291 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.301"><num value="231.301">§231.301</num><heading>Agriculture, Food, and Natural Resources, Grades 9-12</heading><content>(a) An assignment for Advanced Energy and Natural Resource Technology, Agriculture Laboratory and Field Experience, Equine Science, Food Processing, Food Technology and Safety, Forestry and Woodland Ecosystems, Greenhouse Operation and Production, Horticultural Science, Landscape Design and Management, Livestock and Poultry Production, Principles of Agriculture, Food, and Natural Resources, Professional Standards and Communication in Agribusiness, Range Ecology and Management, Small Animal Management, Turf Grass Management, Veterinary Science, Wildlife, Fisheries, and Ecology Management, Practicum in Agriculture, Food, and Natural Resources, or Extended Practicum in Agriculture, Food, and Natural Resources, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.301 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.303"><num value="231.303">§231.303</num><heading>Sciences in Agriculture, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Advanced Animal Science or Advanced Plant and Soil Science, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Legacy Master Science Teacher (Grades 8-12). (5) Life Science: Grades 7-12. (6) Life Science: Grades 8-12. (7) Science: Grades 7-12. (8) Science: Grades 8-12. (9) Secondary Biology (Grades 6-12). (10) Secondary Science, Composite (Grades 6-12). (b) All teachers assigned to these courses shall participate in Texas Education Agency-approved training prior to teaching these courses effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.303 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.305"><num value="231.305">§231.305</num><heading>Agribusiness Management and Marketing, Grades 9-12</heading><content>An assignment for Agribusiness Management and Marketing, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any business or office education certificate. (4) Any marketing or distributive education certificate. (5) Any vocational agriculture certificate. (6) Business and Finance: Grades 6-12. (7) Business Education: Grades 6-12. (8) Marketing: Grades 6-12. (9) Marketing Education: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.305 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.307"><num value="231.307">§231.307</num><heading>Mathematics in Agriculture, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Mathematical Applications in Agriculture, Food, and Natural Resources, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Legacy Master Mathematics Teacher (Grades 8-12). (5) Mathematics: Grades 7-12. (6) Mathematics: Grades 8-12. (7) Mathematics/Physical Science/Engineering: Grades 6-12. (8) Mathematics/Physical Science/Engineering: Grades 8-12. (9) Physics/Mathematics: Grades 7-12. (10) Physics/Mathematics: Grades 8-12. (11) Secondary Mathematics (Grades 6-12). (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.307 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.309"><num value="231.309">§231.309</num><heading>Agricultural Mechanics, Grades 9-12</heading><content>An assignment for Agricultural Equipment Design and Fabrication, Agricultural Structures Design and Fabrication, Agricultural Mechanics and Metal Technologies, or Agricultural Power Systems, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (6) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (7) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.309 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.311"><num value="231.311">§231.311</num><heading>Floral Design, Grades 9-12</heading><content>An assignment for Floral Design or Advanced Floral Design, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) All-Level Art.(4) Any vocational agriculture certificate. (5) Art: Early Childhood-Grade 12. (6) Grades 6-12 or Grades 9-12--Art. (7) Junior High School (Grades 9-10 only) or High School--Art. (8) Secondary Art (Grades 6-12). (9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (11) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (12) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.311 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.313"><num value="231.313">§231.313</num><heading>Energy and Natural Resource Technology, Grades 9-12</heading><content>An assignment for Energy and Natural Resource Technology, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Life Science: Grades 7-12. (5) Life Science: Grades 8-12. (6) Mathematics/Physical Science/Engineering: Grades 6-12. (7) Mathematics/Physical Science/Engineering: Grades 8-12. (8) Secondary Industrial Arts (Grades 6-12). (9) Secondary Industrial Technology (Grades 6-12). (10) Technology Education: Grades 6-12. (11) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (12) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (13) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.313 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.331"><num value="231.331">§231.331</num><heading>Architecture and Construction, Grades 9-12</heading><content>(a) An assignment for Principles of Architecture, Principles of Construction, Building Maintenance Technology I, or Building Maintenance Technology II, Construction Management I, Construction Management II, Construction Technology I, Construction Technology II, Practicum in Construction Management, Practicum in Construction Technology, Extended Practicum in Construction Management, or Extended Practicum in Construction Technology, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Mathematics/Physical Science/Engineering: Grades 6-12. (5) Mathematics/Physical Science/Engineering: Grades 8-12. (6) Secondary Industrial Arts (Grades 6-12). (7) Secondary Industrial Technology (Grades 6-12). (8) Technology Education: Grades 6-12. (9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (11) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (12) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.331 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.333"><num value="231.333">§231.333</num><heading>Interior Design, Grades 9-12</heading><content>(a) An assignment for Interior Design I, Interior Design II, Practicum in Interior Design, or Extended Practicum in Interior Design, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Family and Consumer Sciences, Composite: Grades 6-12. (3) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (4) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (5) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (6) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.333 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.335"><num value="231.335">§231.335</num><heading>Architectural Design, Grades 9-12</heading><content>(a) An assignment for Architectural Design I, Architectural Design II, Practicum in Architectural Design, or Extended Practicum in Architectural Design, Grades 9-12, is allowed with one of the following certificates. (1) Mathematics/Physical Science/Engineering: Grades 6-12. (2) Mathematics/Physical Science/Engineering: Grades 8-12. (3) Secondary Industrial Arts (Grades 6-12). (4) Secondary Industrial Technology (Grades 6-12). (5) Technology Education: Grades 6-12. (6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (8) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (9) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.335 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.337"><num value="231.337">§231.337</num><heading>Mill and Cabinetmaking Technology, Grades 9-12</heading><content>An assignment for Mill and Cabinetmaking Technology, Grades 9-12, is allowed with one of the following certificates. (1) Secondary Industrial Arts (Grades 6-12). (2) Secondary Industrial Technology (Grades 6-12). (3) Technology Education: Grades 6-12. (4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (6) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (7) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.337 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.339"><num value="231.339">§231.339</num><heading>Construction Trades, Grades 9-12</heading><content>(a) An assignment for Electrical Technology I, Electrical Technology II, Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration I, Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration II, Masonry Technology I, Masonry Technology II, Plumbing Technology I, Plumbing Technology II, Practicum in Masonry Technology, or Extended Practicum in Masonry Technology, Grades 9-12, is allowed with one of the following certificates. (1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (3) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (4) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.339 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.351"><num value="231.351">§231.351</num><heading>Professional Communications, Grades 9-12</heading><content>An assignment for Professional Communications, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Speech and Drama. (2) All-Level Speech Communications/Theatre Arts (Prekindergarten-Grade 12). (3) Any vocational or career and technical education classroom teaching certificate valid for the subject and grade level taught. The school district is responsible for ensuring that each teacher assigned to Professional Communications, Grades 9-12, has completed appropriate education and/or training in effective communication strategies and demonstrates proficiency in oral and written communication. (4) Grades 6-12 or Grades 9-12--Speech Communications. (5) Junior High School (Grades 9-10 only) or High School--Speech. (6) Junior High School (Grades 9-10 only) or High School--Speech and Drama. (7) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. (8) Secondary English Language Arts, Composite (Grades 6-12). (9) Secondary Speech (Grades 6-12). (10) Secondary Speech Communications (Grades 6-12). (11) Speech: Grades 7-12. (12) Speech: Grades 8-12. (13) Technology Applications: Early Childhood-Grade 12. (14) Technology Applications: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.351 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.353"><num value="231.353">§231.353</num><heading>Principles of Arts, Audio Visual Technology, and Communications, Grades 9-12</heading><content>An assignment for Principles of Arts, Audio Visual Technology, and Communications, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Business and Finance: Grades 6-12. (3) Business Education: Grades 6-12. (4) Secondary Industrial Arts (Grades 6-12). (5) Secondary Industrial Technology (Grades 6-12). (6) Technology Applications: Early Childhood-Grade 12. (7) Technology Applications: Grades 8-12. (8) Technology Education: Grades 6-12. (9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (11) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (12) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.353 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.355"><num value="231.355">§231.355</num><heading>Animation, Production, and Graphic Design, Grades 9-12</heading><content>(a) An assignment for Animation I, Animation I Lab, Animation II, Animation II Lab, Digital Art and Animation, 3-D Modeling and Animation, Audio/Video Production I, Audio/Video Production I Lab, Audio/Video Production II, Audio/Video Production II Lab, Digital Audio Technology I, Digital Audio Technology II, Graphic Design and Illustration I, Graphic Design and Illustration I Lab, Graphic Design and Illustration II, Graphic Design and Illustration II Lab, Video Game Design, Web Game Development, Digital Design and Media Production, Digital Communications in the 21st Century, Practicum in Animation, Extended Practicum in Animation, Practicum in Audio/Video Production, Extended Practicum in Audio/Video Production, Practicum in Graphic Design and Illustration, or Extended Practicum in Graphic Design and Illustration, Grades 9-12, is allowed with one of the following certificates. (1) Secondary Industrial Arts (Grades 6-12). (2) Secondary Industrial Technology (Grades 6-12). (3) Technology Applications: Early Childhood-Grade 12. (4) Technology Applications: Grades 8-12. (5) Technology Education: Grades 6-12. (6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (8) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (9) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.355 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.357"><num value="231.357">§231.357</num><heading>Photography, Grades 9-12</heading><content>(a) An assignment for Commercial Photography I, Commercial Photography I Lab, Commercial Photography II, Commercial Photography II Lab, Practicum in Commercial Photography or Extended Practicum in Commercial Photography, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Art.(2) Art: Early Childhood-Grade 12. (3) Junior High School (Grades 9-10 only) or High School--Art. (4) Secondary Art (Grades 6-12). (5) Secondary Industrial Arts (Grades 6-12). (6) Secondary Industrial Technology (Grades 6-12). (7) Technology Applications: Early Childhood-Grade 12. (8) Technology Applications: Grades 8-12.(9) Technology Education: Grades 6-12.(10) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (11) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (12) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (13) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.357 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.359"><num value="231.359">§231.359</num><heading>Printing and Imaging Technology, Grades 9-12</heading><content>(a) An assignment for Printing and Imaging Technology I, Printing and Imaging Technology I Lab, Printing and Imaging Technology II, Printing and Imaging Technology II Lab, Practicum in Printing and Imaging Technology, or Extended Practicum in Printing and Imaging Technology, Grades 9-12, is allowed with one of the following certificates. (1) Secondary Industrial Arts (Grades 8-12). (2) Secondary Industrial Technology (Grades 6-12).(3) Technology Applications: Early Childhood-Grade 12. (4) Technology Applications: Grades 8-12. (5) Technology Education: Grades 6-12.(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (8) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval.(9) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.359 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.361"><num value="231.361">§231.361</num><heading>Fashion Design, Grades 9-12</heading><content>(a) An assignment for Fashion Design I, Fashion Design I Lab, Fashion Design II, Fashion Design II Lab, Practicum in Fashion Design, or Extended Practicum in Fashion Design, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Family and Consumer Sciences, Composite: Grades 6-12. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.361 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.381"><num value="231.381">§231.381</num><heading>Business Management, Grades 9-12</heading><content>(a) An assignment for Foundations of Business Communications and Technologies, Business Communications and Technologies, Business Law, Touch System Data Entry, Business Management, Business Lab, Global Business, Human Resources Management, Principles of Business, Marketing, and Finance, Virtual Business, Practicum in Business Management, or Extended Practicum in Business Management, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Any marketing or distributive education certificate.(3) Business and Finance: Grades 6-12. (4) Business Education: Grades 6-12. (5) Marketing: Grades 6-12. (6) Marketing Education: Grades 8-12. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.381 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.383"><num value="231.383">§231.383</num><heading>Business English, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Business English, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Business and Finance: Grades 6-12. (3) Business Education: Grades 6-12. (4) English Language Arts and Reading: Grades 7-12. (5) English Language Arts and Reading: Grades 8-12. (6) Grades 6-12 or Grades 9-12--English. (7) Grades 6-12 or Grades 9-12--English Language Arts, Composite. (8) Junior High School (Grades 9-10 only) or High School--English. (9) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. (10) Marketing: Grades 6-12.(11) Marketing Education: Grades 8-12. (12) Secondary English (Grades 6-12). (13) Secondary English Language Arts, Composite (Grades 6-12). (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.383 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.385"><num value="231.385">§231.385</num><heading>Advertising and Marketing, Grades 9-12</heading><content>(a) An assignment for Advertising, Social Media Marketing, Sports and Entertainment Marketing, Advanced Marketing, Practicum in Marketing, or Extended Practicum in Marketing, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate.(2) Any marketing or distributive education certificate. (3) Business and Finance: Grades 6-12. (4) Business Education: Grades 6-12.(5) Marketing: Grades 6-12. (6) Marketing Education: Grades 8-12.(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.(9) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval.(10) Vocational Trades and Industry. This assignment requires appropriate work approval.(b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.385 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.387"><num value="231.387">§231.387</num><heading>Fashion Marketing, Grades 9-12</heading><content>An assignment for Fashion Marketing, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Any home economics or homemaking certificate. (3) Any marketing or distributive education certificate. (4) Business and Finance: Grades 6-12. (5) Business Education: Grades 6-12. (6) Family and Consumer Sciences, Composite: Grades 6-12. (7) Marketing: Grades 6-12. (8) Marketing Education: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.387 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.389"><num value="231.389">§231.389</num><heading>Entrepreneurship, Grades 9-12</heading><content>(a) An assignment for Entrepreneurship I, Entrepreneurship II, Practicum in Entrepreneurship, or Extended Practicum in Entrepreneurship, Grades 9-12, is allowed with any current vocational or career and technical education classroom teaching certificate specified in §233.13 of this title (relating to Career and Technical Education (Certificates not requiring experience and preparation in a skill area)) or §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)).(b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.389 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.391"><num value="231.391">§231.391</num><heading>Financial Services, Grades 9-12</heading><content>An assignment for Banking and Financial Services, Accounting I, Financial Analysis, Insurance Operations, or Securities and Investments, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Any marketing or distributive education certificate. (3) Business and Finance: Grades 6-12. (4) Business Education: Grades 6-12. (5) Marketing: Grades 6-12. (6) Marketing Education: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.391 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.393"><num value="231.393">§231.393</num><heading>Money Matters, Grades 9-12</heading><content>An assignment for Money Matters, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Any homemaking or home economics certificate. (3) Any marketing or distributive education certificate. (4) Business and Finance: Grades 6-12. (5) Business Education: Grades 6-12. (6) Family and Consumer Sciences, Composite: Grades 6-12. (7) Grades 6-12 or Grades 9-12--Mathematics. (8) Legacy Master Mathematics Teacher. (9) Marketing: Grades 6-12. (10) Marketing Education: Grades 8-12. (11) Mathematics: Grades 7-12. (12) Mathematics: Grades 8-12. (13) Mathematics/Physical Science/Engineering: Grades 6-12. (14) Mathematics/Physical Science/Engineering: Grades 8-12. (15) Physics/Mathematics: Grades 7-12. (16) Physics/Mathematics: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.393 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.395"><num value="231.395">§231.395</num><heading>Business Mathematics, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Accounting II, Statistics and Business Decision Making or Financial Mathematics, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Business and Finance: Grades 6-12. (3) Business Education: Grades 6-12. (4) Legacy Master Mathematics Teacher (Grades 8-12). (5) Marketing: Grades 6-12. (6) Marketing Education: Grades 8-12. (7) Mathematics: Grades 7-12. (8) Mathematics: Grades 8-12. (9) Mathematics/Physical Science/Engineering: Grades 6-12. (10) Mathematics/Physical Science/Engineering: Grades 8-12. (11) Physics/Mathematics: Grades 7-12. (12) Physics/Mathematics: Grades 8-12. (13) Secondary Mathematics (Grades 6-12). (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.395 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.421"><num value="231.421">§231.421</num><heading>Education and Training, Grades 9-12</heading><content>(a) An assignment for Instructional Practices, Principles of Education and Training, or Communication and Technology in Education, Grades 9-12, is allowed with any valid classroom teacher or administrator certificate. (b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Education and Training, Extended Practicum in Education and Training, Practicum in Early Learning, or Extended Practicum in Early Learning, Grades 9-12, is allowed with any valid classroom teacher or administrator certificate. (c) The school district is responsible for ensuring that each teacher assigned to Practicum in Education and Training, Extended Practicum in Education and Training, Practicum in Early Learning, or Extended Practicum in Early Learning, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.421 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.423"><num value="231.423">§231.423</num><heading>Human Growth and Development, Grades 9-12</heading><content>An assignment for Human Growth and Development, Child Development, Child Guidance, or Child Development Associates Foundation, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Family and Consumer Sciences, Composite: Grades 6-12. (3) Health Science: Grades 6-12. (4) Health Science Technology. (5) Health Science Technology Education: Grades 8-12. (6) Human Development and Family Studies: Grades 8-12. (7) Vocational Health Occupations. (8) Vocational Health Science Technology.</content><note type="source"><p>Source Note: The provisions of this §231.423 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.441"><num value="231.441">§231.441</num><heading>Energy, Grades 9-12</heading><content>An assignment for Oil and Gas Production I; Oil and Gas Production II; Oil and Gas Production III; Oil and Gas Production IV; Introduction to Process Technology; Foundations of Energy; or Petrochemical Safety, Health, and Environment, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (6) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (7) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.441 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.461"><num value="231.461">§231.461</num><heading>Principles of Applied Engineering, Grades 9-12</heading><content>An assignment for Principles of Applied Engineering, Grades 9-12, is allowed with one of the following certificates.(1) Mathematics/Physical Science/Engineering: Grades 6-12.(2) Mathematics/Physical Science/Engineering: Grades 8-12.(3) Secondary Industrial Arts (Grades 6-12).(4) Secondary Industrial Technology (Grades 6-12).(5) Technology Education: Grades 6-12.(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.(7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.(8) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval.(9) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.461 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.463"><num value="231.463">§231.463</num><heading>Principles of Biosciences, Grades 9-12</heading><content>An assignment for Principles of Biosciences, Grades 9-12, is allowed with one of the following certificates.(1) Agriculture, Food, and Natural Resources: Grades 6-12.(2) Agricultural Science and Technology: Grades 6-12.(3) Any vocational agriculture certificate.(4) Health Science: Grades 6-12.(5) Health Science Technology Education: Grades 8-12.(6) Legacy Master Science Teacher (Grades 8-12).(7) Life Science: Grades 7-12.(8) Life Science: Grades 8-12.(9) Mathematics/Physical Science/Engineering: Grades 6-12.(10) Mathematics/Physical Science/Engineering: Grades 8-12.(11) Science: Grades 7-12.(12) Science: Grades 8-12.(13) Secondary Biology (Grades 6-12).(14) Secondary Industrial Arts (Grades 6-12).(15) Secondary Industrial Technology (Grades 6-12).(16) Secondary Science (Grades 6-12).(17) Secondary Science, Composite (Grades 6-12).(18) Technology Education: Grades 6-12.(19) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.(20) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.(21) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval.(22) Vocational Health Occupations.(23) Vocational Health Science Technology.</content><note type="source"><p>Source Note: The provisions of this §231.463 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.465"><num value="231.465">§231.465</num><heading>Biotechnology I and Biotechnology II, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Biotechnology I or Biotechnology II, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Health Science: Grades 6-12. This assignment requires a bachelor's degree. (5) Health Science Technology Education: Grades 8-12. This assignment requires a bachelor's degree.(6) Legacy Master Science Teacher (Grades 8-12). (7) Life Science: Grades 7-12. (8) Life Science: Grades 8-12. (9) Science: Grades 7-12. (10) Science: Grades 8-12. (11) Secondary Biology (Grades 6-12). (12) Secondary Science (Grades 6-12). (13) Secondary Science, Composite (Grades 6-12). (14) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (15) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (16) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (17) Vocational Health Occupations. This assignment requires a bachelor's degree. (18) Vocational Health Science Technology. This assignment requires a bachelor's degree. (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.465 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.467"><num value="231.467">§231.467</num><heading>Electronics and Engineering Design and Presentation, Grades 9-12</heading><content>An assignment for Engineering Design and Presentation, Advanced Engineering Design and Presentation, Electronics, AC/DC Electronics, or Solid State Electronics, Grades 9-12, is allowed with one of the following certificates. (1) Mathematics/Physical Science/Engineering: Grades 6-12. (2) Mathematics/Physical Science/Engineering: Grades 8-12. (3) Secondary Industrial Arts (Grades 6-12). (4) Secondary Industrial Technology (Grades 6-12). (5) Technology Education: Grades 6-12. (6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (8) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (9) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.467 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.469"><num value="231.469">§231.469</num><heading>Engineering Mathematics and Robotics II, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Engineering Mathematics or Robotics II, Grades 9-12, is allowed with one of the following certificates. (1) Legacy Master Mathematics Teacher (Grades 8-12). (2) Mathematics: Grades 7-12. (3) Mathematics: Grades 8-12. (4) Mathematics/Physical Science/Engineering: Grades 6-12. (5) Mathematics/Physical Science/Engineering: Grades 8-12. (6) Physics/Mathematics: Grades 7-12. (7) Physics/Mathematics: Grades 8-12. (8) Secondary Mathematics (Grades 6-12). (9) Secondary Industrial Arts (Grades 6-12). (10) Secondary Industrial Technology (Grades 6-12). (11) Technology Education: Grades 6-12. (12) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (13) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (14) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval.(15) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.469 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.471"><num value="231.471">§231.471</num><heading>Physics for Engineering, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Physics for Engineering, Grades 9-12, is allowed with one of the following certificates. (1) Legacy Master Science Teacher (Grades 8-12). (2) Mathematics/Physical Science/Engineering: Grades 6-12. (3) Mathematics/Physical Science/Engineering: Grades 8-12. (4) Physical Science: Grades 6-12. (5) Physical Science: Grades 8-12. (6) Physics/Mathematics: Grades 7-12. (7) Physics/Mathematics: Grades 8-12. (8) Science: Grades 7-12. (9) Science: Grades 8-12. (10) Secondary Industrial Arts (Grades 6-12). (11) Secondary Industrial Technology (Grades 6-12). (12) Secondary Physics (Grades 6-12). (13) Secondary Science, Composite (Grades 6-12). (14) Technology Education: Grades 6-12. (15) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (16) Trade and Industrial Education: Grades 8-12: This assignment requires appropriate work approval. (17) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (b) An assignment for Physics for Engineering, Grades 9-12, may also be taught with a vocational agriculture certificate or a trades and industry certificate with verifiable physics applications experience in business and industry, if assigned prior to the 1998-1999 school year. Six semester credit hours of college physics, chemistry, or electricity/electronics may be substituted for the business and industry experience. All teachers assigned to these courses shall participate in Texas Education Agency-approved training prior to teaching these courses effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.471 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.473"><num value="231.473">§231.473</num><heading>Engineering Design and Problem Solving and Engineering Science, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Engineering Design and Problem Solving or Engineering Science, Grades 9-12, is allowed with one of the following certificates. (1) Legacy Master Science Teacher (Grades 8-12). (2) Mathematics/Physical Science/Engineering: Grades 6-12. (3) Mathematics/Physical Science/Engineering: Grades 8-12. (4) Physical Science: Grades 6-12. (5) Physical Science: Grades 8-12. (6) Physics/Mathematics: Grades 7-12. (7) Physics/Mathematics: Grades 8-12. (8) Science: Grades 7-12. (9) Science: Grades 8-12. (10) Secondary Industrial Arts (Grades 6-12). (11) Secondary Industrial Technology (Grades 6-12). (12) Secondary Physics (Grades 6-12). (13) Secondary Science (Grades 6-12). (14) Secondary Science, Composite (Grades 6-12). (15) Technology Education: Grades 6-12. (16) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (17) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (18) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.473 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.475"><num value="231.475">§231.475</num><heading>Scientific Research and Design, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Scientific Research and Design, Grades 9-12, is allowed with one of the following certificates. (1) Any vocational or career and technical education classroom teaching certificate valid for the subject and grade level taught. The assignment requires a bachelor's degree and 18 semester credit hours in any combination of sciences.(2) Any science certificate valid for the grade level of the assignment. (3) Legacy Master Science Teacher (Grades 8-12). (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.475 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.477"><num value="231.477">§231.477</num><heading>Digital Electronics, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Digital Electronics, Grades 9-12, is allowed with one of the following certificates. (1) Legacy Master Mathematics Teacher (Grades 8-12). (2) Mathematics/Physical Science/Engineering: Grades 6-12. (3) Mathematics/Physical Science/Engineering: Grades 8-12. (4) Physics/Mathematics: Grades 7-12. (5) Physics/Mathematics: Grades 8-12. (6) Secondary Industrial Arts (Grades 6-12). (7) Secondary Industrial Technology (Grades 6-12). (8) Secondary Mathematics (Grades 6-12). (9) Technology Education: Grades 6-12. (10) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (11) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (12) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.477 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.479"><num value="231.479">§231.479</num><heading>Robotics I, Grades 9-12</heading><content>An assignment for Robotics I, Grades 9-12, is allowed with one of the following certificates. (1) Mathematics/Physical Science/Engineering: Grades 6-12. (2) Mathematics/Physical Science/Engineering: Grades 8-12. (3) Physics/Mathematics: Grades 7-12. (4) Physics/Mathematics: Grades 8-12. (5) Secondary Industrial Arts (Grades 6-12). (6) Secondary Industrial Technology (Grades 6-12). (7) Technology Applications: Early Childhood-Grade 12. (8) Technology Applications: Grades 8-12. (9) Technology Education: Grades 6-12. (10) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (11) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (12) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (13) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.479 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.481"><num value="231.481">§231.481</num><heading>Computer Science, Grades 9-12</heading><content>An assignment for Computer Science I, II, and III, or Digital Forensics, Grades 9-12, is allowed with one of the following certificates. (1) Computer Science: Grades 8-12. (2) Grades 6-12 or Grades 9-12--Computer Information Systems. (3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems. (4) Secondary Computer Information Systems (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.481 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.483"><num value="231.483">§231.483</num><heading>Fundamentals of Computer Science and Advanced Placement Computer Science Principles, Grades 9-12</heading><content>An assignment for Fundamentals of Computer Science or Advanced Placement Computer Science Principles, Grades 9-12, is allowed with one of the following certificates. (1) Computer Science: Grades 8-12. (2) Grades 6-12 or Grades 9-12--Computer Information Systems. (3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems. (4) Secondary Computer Information Systems (Grades 6-12). (5) Technology Applications: Early Childhood-Grade 12. (6) Technology Applications: Grades 8-12. (7) Trade and Industrial Education: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval. (8) Trade and Industrial Education: Grades 8-12. This assignment requires a bachelor's degree and appropriate work approval. (9) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.483 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.485"><num value="231.485">§231.485</num><heading>Game Programming and Design, Grades 9-12</heading><content>An assignment for Game Programming and Design, Grades 9-12, is allowed with one of the following certificates. (1) Computer Science: Grades 8-12. (2) Grades 6-12 or Grades 9-12--Computer Information Systems. (3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems. (4) Secondary Computer Information Systems (Grades 6-12). (5) Secondary Industrial Arts (Grades 6-12). (6) Secondary Industrial Technology (Grades 6-12). (7) Technology Applications: Early Childhood-Grade 12. (8) Technology Applications: Grades 8-12. (9) Technology Education: Grades 6-12. (10) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (11) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (12) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (13) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.485 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.487"><num value="231.487">§231.487</num><heading>Mobile Applications Development, Grades 9-12</heading><content>An assignment for Mobile Applications Development, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate.(2) Business Education: Grades 6-12. (3) Business and Finance: Grades 6-12. (4) Computer Science: Grades 8-12. (5) Grades 6-12 or Grades 9-12--Computer Information Systems. (6) Junior High School (Grades 9-10 only) or High School--Computer Information Systems. (7) Marketing: Grades 6-12. (8) Marketing Education: Grades 8-12.(9) Secondary Computer Information Systems (Grades 6-12). (10) Technology Applications: Early Childhood-Grade 12. (11) Technology Applications: Grades 8-12. (12) Trade and Industrial Education: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval. (13) Trade and Industrial Education: Grades 8-12. This assignment requires a bachelor's degree and appropriate work approval. (14) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.487 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.489"><num value="231.489">§231.489</num><heading>Cybersecurity, Grades 9-12</heading><content>An assignment for Foundations of Cybersecurity, Grades 9-12, and Cybersecurity Capstone is allowed with one of the following certificates. (1) Computer Science: Grades 8-12. (2) Grades 6-12 or Grades 9-12--Computer Information Systems. (3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems. (4) Secondary Computer Information Systems (Grades 6-12). (5) Technology Applications: Early Childhood-Grade 12. (6) Technology Applications: Grades 8-12. (7) Technology Education: Grades 6-12. (8) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (9) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (10) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (11) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.489 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.491"><num value="231.491">§231.491</num><heading>Discrete Mathematics for Computer Science, Grades 9-12</heading><content>An assignment for Discrete Mathematics for Computer Science, Grades 9-12, is allowed with one of the following certificates. (1) Computer Science: Grades 8-12. (2) Grades 6-12 or Grades 9-12--Computer Information Systems. (3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems. (4) Legacy Master Mathematics Teacher (Grades 8-12). (5) Mathematics: Grades 7-12. (6) Mathematics: Grades 8-12. (7) Mathematics/Physical Science/Engineering: Grades 6-12. (8) Mathematics/Physical Science/Engineering: Grades 8-12. (9) Physics/Mathematics: Grades 7-12. (10) Physics/Mathematics: Grades 8-12. (11) Secondary Computer Information Systems (Grades 6-12).</content><note type="source"><p>Source Note: The provisions of this §231.491 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.511"><num value="231.511">§231.511</num><heading>Health Science, Grades 9-12</heading><content>(a) An assignment for Health Science Theory, Health Science Clinical, Pharmacology, Pharmacy I, Pharmacy II, Principles of Health Science, World Health Research, Medical Assistant, Health Informatics, Healthcare Administration and Management, Leadership and Management in Nursing, Practicum in Health Science, Extended Practicum in Health Science, or Practicum in Nursing, Grades 9-12, is allowed with one of the following certificates. (1) Health Science: Grades 6-12. (2) Health Science Technology Education: Grades 8-12. (3) Vocational Health Occupations. (4) Vocational Health Science Technology. (b) An assignment for Medical Terminology, Anatomy and Physiology, Medical Microbiology, Pathophysiology, Respiratory Therapy I, or Respiratory Therapy II, Grades 9-12, is allowed with one of the following certificates. (1) Health Science: Grades 6-12. (2) Health Science Technology Education: Grades 8-12. (3) Life Science: Grades 7-12. (4) Life Science: Grades 8-12. (5) Legacy Master Science Teacher (Grades 8-12). (6) Secondary Biology (Grades 6-12). (7) Secondary Science (Grades 6-12). (8) Secondary Science, Composite (Grades 6-12). (9) Science: Grades 7-12. (10) Science: Grades 8-12. (11) Vocational Health Occupations. (12) Vocational Health Science Technology. (c) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.(d) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.511 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.513"><num value="231.513">§231.513</num><heading>Mathematics for Medical Professionals; Medical Coding and Billing, Grades 9-12</heading><content>(a) An assignment for Mathematics for Medical Professionals or Medical Coding and Billing, Grades 9-12, is allowed with one of the following certificates. (1) Health Science: Grades 6-12. This assignment requires a bachelor's degree. (2) Health Science Technology Education: Grades 8-12. This assignment requires a bachelor's degree. (3) Legacy Master Mathematics Teacher (Grades 8-12). (4) Mathematics: Grades 7-12. (5) Mathematics: Grades 8-12. (6) Mathematics/Physical Science/Engineering: Grades 6-12. (7) Mathematics/Physical Science/Engineering: Grades 8-12. (8) Physics/Mathematics: Grades 7-12. (9) Physics/Mathematics: Grades 8-12. (10) Secondary Mathematics. (11) Vocational Health Occupations. This assignment requires a bachelor's degree.(12) Vocational Health Science Technology. This assignment requires a bachelor's degree. (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.513 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.531"><num value="231.531">§231.531</num><heading>Hospitality and Tourism, Grades 9-12</heading><content>(a) An assignment for Hospitality Services, Hotel Management, Principles of Hospitality and Tourism, Travel and Tourism Management, Practicum in Hospitality Services, or Extended Practicum in Hospitality Services, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Any marketing or distributive education certificate. (3) Family and Consumer Sciences, Composite: Grades 6-12. (4) Hospitality, Nutrition, and Food Sciences: Grades 8-12. (5) Marketing: Grades 6-12. (6) Marketing Education: Grades 8-12. (7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (9) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (10) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.531 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.533"><num value="231.533">§231.533</num><heading>Culinary Arts, Grades 9-12</heading><content>(a) An assignment for Introduction to Culinary Arts, Culinary Arts, Advanced Culinary Arts, Practicum in Culinary Arts, or Extended Practicum in Culinary Arts, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Family and Consumer Sciences, Composite: Grades 6-12. (3) Hospitality, Nutrition, and Food Sciences: Grades 8-12. (4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (6) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (7) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.533 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.535"><num value="231.535">§231.535</num><heading>Food Science, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Food Science, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Chemistry: Grades 7-12. (3) Chemistry: Grades 8-12. (4) Family and Consumer Sciences, Composite: Grades 6-12. (5) Hospitality, Nutrition, and Food Sciences: Grades 8-12. (6) Life Science: Grades 7-12. (7) Life Science: Grades 8-12. (8) Legacy Master Science Teacher (Grades 8-12). (9) Science: Grades 7-12. (10) Science: Grades 8-12. (11) Secondary Biology (Grades 6-12). (12) Secondary Chemistry (Grades 6-12). (13) Secondary Science (Grades 6-12). (14) Secondary Science, Composite (Grades 6-12). (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.535 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.551"><num value="231.551">§231.551</num><heading>Human Services, Grades 9-12</heading><content>(a) An assignment for Child Development, Child Guidance, Family and Community Services, Interpersonal Studies, Principles of Human Services, Practicum in Human Services, or Extended Practicum in Human Services, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Family and Consumer Sciences, Composite: Grades 6-12. (3) Human Development and Family Studies: Grades 8-12. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.551 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.553"><num value="231.553">§231.553</num><heading>Lifetime Nutrition and Wellness, Grades 9-12</heading><content>An assignment for Lifetime Nutrition and Wellness, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Family and Consumer Sciences, Composite: Grades 6-12. (3) Health: Early Childhood-Grade 12. (4) Health Science: Grades 6-12. (5) Health Science Technology Education: Grades 8-12. (6) Hospitality, Nutrition, and Food Sciences: Grades 8-12. (7) Human Development and Family Studies: Grades 8-12. (8) Vocational Health Occupations. (9) Vocational Health Science Technology.</content><note type="source"><p>Source Note: The provisions of this §231.553 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.555"><num value="231.555">§231.555</num><heading>Counseling and Mental Health, Grades 9-12</heading><content>An assignment for Counseling and Mental Health, Grades 9-12, is allowed with one of the following certificates. (1) Any home economics or homemaking certificate. (2) Family and Consumer Sciences, Composite: Grades 6-12. (3) Health Science: Grades 6-12. (4) Health Science Technology Education: Grades 8-12. (5) Human Development and Family Studies: Grades 8-12. (6) Vocational Health Occupations. (7) Vocational Health Science Technology.</content><note type="source"><p>Source Note: The provisions of this §231.555 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.557"><num value="231.557">§231.557</num><heading>Dollars and Sense, Grades 9-12</heading><content>An assignment for Dollars and Sense, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Any home economics or homemaking certificate. (3) Any marketing or distributive education certificate. (4) Business and Finance: Grades 6-12. (5) Business Education: Grades 6-12. (6) Family and Consumer Sciences, Composite: Grades 6-12. (7) Human Development and Family Studies: Grades 8-12. (8) Marketing: Grades 6-12. (9) Marketing Education: Grades 8-12.</content><note type="source"><p>Source Note: The provisions of this §231.557 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.559"><num value="231.559">§231.559</num><heading>Cosmetology, Grades 9-12</heading><content>An assignment for Introduction to Cosmetology, Cosmetology I, Cosmetology II, or Principles of Cosmetology Design and Color Theory, Grades 9-12, is allowed with one of the following certificates plus a valid Cosmetology Operator license or Class A Barber Operator license. (1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (3) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (4) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.559 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.571"><num value="231.571">§231.571</num><heading>Information Technology, Grades 9-12</heading><content>An assignment for Principles of Information Technology, Networking, or Networking Lab, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Business and Finance: Grades 6-12. (3) Business Education: Grades 6-12. (4) Secondary Industrial Arts (Grades 6-12). (5) Secondary Industrial Technology (Grades 6-12). (6) Technology Applications: Early Childhood-Grade 12. (7) Technology Applications: Grades 8-12. (8) Technology Education: Grades 6-12. (9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (11) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (12) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.571 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.573"><num value="231.573">§231.573</num><heading>Digital Communications, Grades 9-12</heading><content>An assignment for Digital Media, Web Communications, or Web Design, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Any marketing certificate. (3) Business and Finance: Grades 6-12. (4) Business Education: Grades 6-12. (5) Secondary Industrial Arts (Grades 6-12). (6) Secondary Industrial Technology (Grades 6-12). (7) Technology Education: Grades 6-12. (8) Technology Applications: Early Childhood-Grade 12. (9) Technology Applications: Grades 8-12. (10) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (11) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (12) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (13) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.573 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.575"><num value="231.575">§231.575</num><heading>Computer Maintenance and Technician, Grades 9-12</heading><content>(a) An assignment for Computer Maintenance or Computer Maintenance Lab, Computer Technician Practicum, Extended Computer Technician Practicum, Practicum in Information Technology, or Extended Practicum in Information Technology, Grades 9-12, is allowed with one of the following certificates. (1) Secondary Industrial Arts (Grades 6-12). (2) Secondary Industrial Technology (Grades 6-12). (3) Technology Applications: Early Childhood-Grade 12. (4) Technology Applications: Grades 8-12.(5) Technology Education: Grades 6-12. (6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (8) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (9) Vocational Trades and Industry. This assignment requires appropriate work approval.(b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.575 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.577"><num value="231.577">§231.577</num><heading>Independent Study in Evolving/Emerging Technologies and Independent Study in Technology Applications, Grades 9-12</heading><content>An assignment for Independent Study in Evolving/Emerging Technologies or Independent Study in Technology Applications, Grades 9-12, is allowed with any vocational or Career and Technical Education classroom teaching certificate valid for the subject and grade level taught.</content><note type="source"><p>Source Note: The provisions of this §231.577 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.591"><num value="231.591">§231.591</num><heading>Law, Public Safety, Corrections, and Security, Grades 9-12</heading><content>(a) An assignment for Correctional Services, Court Systems and Practices, Criminal Investigations, Federal Law Enforcement and Protective Services, Firefighter I and II, Law Enforcement I and II, Principles of Law, Public Safety, Corrections, and Security, Practicum in Law, Public Safety, Corrections, and Security, or Extended Practicum in Law, Public Safety, Corrections, and Security, Grades 9-12, is allowed with a valid license appropriate for the assignment plus one of the following certificates. (1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (3) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (4) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.591 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.593"><num value="231.593">§231.593</num><heading>Forensic Science, Grades 9-12</heading><content>(a) Subject to the requirements in subsection (b) of this section, an assignment for Forensic Science, Grades 9-12, is allowed with one of the following certificates. (1) Chemistry: Grades 7-12. (2) Chemistry: Grades 8-12. (3) Health Science: Grades 6-12. This assignment requires a bachelor's degree. (4) Health Science Technology Education: Grades 8-12. This assignment requires a bachelor's degree. (5) Legacy Master Science Teacher (Grades 8-12). (6) Life Science: Grades 7-12. (7) Life Science: Grades 8-12. (8) Science: Grades 7-12. (9) Science: Grades 8-12. (10) Secondary Biology (Grades 6-12). (11) Secondary Chemistry (Grades 6-12). (12) Secondary Science (Grades 6-12). (13) Secondary Science, Composite (Grades 6-12). (14) Trade and Industrial Education: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval. (15) Trade and Industrial Education: Grades 8-12. This assignment requires a bachelor's degree and appropriate work approval. (16) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (17) Vocational Health Occupations. This assignment requires a bachelor's degree. (18) Vocational Health Science Technology. This assignment requires a bachelor's degree. (19) Vocational Trades and Industry. This assignment requires a bachelor's degree and appropriate work approval. (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.593 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.595"><num value="231.595">§231.595</num><heading>Government and Public Administration, Grades 9-12</heading><content>(a) An assignment for Foreign Service and Diplomacy, Planning and Governance, Political Science I and II, Principles of Government and Public Administration, Public Management and Administration, Practicum in Local, State, and Federal Government, or Extended Practicum in Local, State, and Federal Government, Grades 9-12, is allowed with one of the following. (1) Grades 6-12 or Grades 9-12--Government. (2) Grades 6-12 or Grades 9-12--Social Studies. (3) Junior High School (Grades 9-10 only) or High School--Government-Political Science. (4) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (5) Secondary Government (Grades 6-12). (6) Secondary Political Science (Grades 6-12). (7) Secondary Social Science, Composite (Grades 6-12). (8) Secondary Social Studies, Composite (Grades 6-12). (9) Social Studies: Grades 7-12. (10) Social Studies: Grades 8-12. (11) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (12) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (13) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (14) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.595 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.597"><num value="231.597">§231.597</num><heading>Revenue, Taxation, and Regulation, Grades 9-12</heading><content>An assignment for Revenue, Taxation, and Regulation, Grades 9-12, is allowed with one of the following certificates. (1) Any business or office education certificate. (2) Business and Finance: Grades 6-12. (3) Business Education: Grades 6-12. (4) Grades 6-12 or Grades 9-12--Social Studies. (5) Junior High School (Grades 9-10 only) or High School--Social Science, Composite. (6) Secondary Social Science, Composite (Grades 6-12). (7) Secondary Social Studies, Composite (Grades 6-12). (8) Social Studies: Grades 7-12. (9) Social Studies: Grades 8-12. (10) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (11) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (12) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (13) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.597 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.599"><num value="231.599">§231.599</num><heading>National Security, Grades 9-12</heading><content>An assignment for National Security, Grades 9-12, is allowed with one of the following certificates. (1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (3) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (4) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.599 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.621"><num value="231.621">§231.621</num><heading>Manufacturing, Grades 9-12</heading><content>(a) An assignment for Diversified Manufacturing I, Diversified Manufacturing II, Manufacturing Engineering Technology I, Metal Fabrication and Machining I, Metal Fabrication and Machining II, Precision Metal Manufacturing I, Precision Metal Manufacturing II, Precision Metal Manufacturing II Lab, or Principles of Manufacturing, Grades 9-12, is allowed using one of the following certificates. (1) Mathematics/Physical Science/Engineering: Grades 6-12. (2) Mathematics/Physical Science/Engineering: Grades 8-12. (3) Secondary Industrial Arts (Grades 6-12). (4) Secondary Industrial Technology (Grades 6-12). (5) Technology Education: Grades 6-12. (6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (8) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (9) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Manufacturing or Extended Practicum in Manufacturing, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12.(2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Mathematics/Physical Science/Engineering: Grades 6-12. (5) Mathematics/Physical Science/Engineering: Grades 8-12. (6) Secondary Industrial Arts (Grades 6-12). (7) Secondary Industrial Technology (Grades 6-12). (8) Technology Education: Grades 6-12. (9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (11) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (12) Vocational Trades and Industry. This assignment requires appropriate work approval. (c) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.621 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.623"><num value="231.623">§231.623</num><heading>Welding, Grades 9-12</heading><content>An assignment for Introduction to Welding, Welding I, Welding II, or Welding II Lab, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Secondary Industrial Arts (Grades 6-12). (5) Secondary Industrial Technology (Grades 6-12). (6) Technology Education: Grades 6-12. (7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (9) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (10) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.623 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.625"><num value="231.625">§231.625</num><heading>Manufacturing Engineering Technology II, Grades 9-12</heading><content>(a) An assignment for Manufacturing Engineering Technology II, Grades 9-12, is allowed with one of the following certificates. (1) Grades 6-12 or Grades 9-12--Mathematics. (2) Legacy Master Mathematics Teacher (Grades 8-12). (3) Mathematics: Grades 7-12. (4) Mathematics: Grades 8-12. (5) Mathematics/Physical Science/Engineering: Grades 6-12. (6) Mathematics/Physical Science/Engineering: Grades 8-12. (7) Physics/Mathematics: Grades 7-12. (8) Physics/Mathematics: Grades 8-12. (9) Secondary Industrial Arts (Grades 6-12). (10) Secondary Industrial Arts Technology (Grades 6-12). (11) Secondary Mathematics. (12) Technology Education: Grades 6-12. (13) Trade and Industrial Education: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval. (14) Trade and Industrial Education: Grades 8-12. This assignment requires a bachelor's degree and appropriate work approval. (15) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (16) Vocational Trades and Industry. This assignment requires a bachelor's degree and appropriate work approval. (b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching the course effective with the 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.</content><note type="source"><p>Source Note: The provisions of this §231.625 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.641"><num value="231.641">§231.641</num><heading>Transportation, Distribution, and Logistics, Grades 9-12</heading><content>(a) An assignment for Energy and Power of Transportation Systems, Aircraft Airframe Technology, Aircraft Powerplant Technology, Aircraft Maintenance Technology, Automotive Basics, Automotive Technology I, Maintenance and Light Repair, Automotive Technology II, Automotive Service, Advanced Transportation Systems Laboratory, Basic Collision Repair and Refinishing, Collision Repair, Paint and Refinishing, Diesel Equipment Technology I, Diesel Equipment Technology II, Distribution and Logistics, Introduction to Aircraft Technology, Principles of Distribution and Logistics, Principles of Transportation Systems, Introduction to Transportation Technology, or Management of Transportation Systems, Grades 9-12, is allowed with one of the following certificates. (1) Technology Education: Grades 6-12. (2) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (3) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (4) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (5) Vocational Trades and Industry. This assignment requires appropriate work approval. (b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Transportation Systems, Extended Practicum in Transportation Systems, Practicum in Distribution and Logistics, or Extended Practicum in Distribution and Logistics, Grades 9-12, is allowed with one of the following certificates. (1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (3) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (4) Vocational Trades and Industry. This assignment requires appropriate work approval. (c) The school district is responsible for ensuring that each teacher assigned to a Practicum or Extended Practicum course, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.</content><note type="source"><p>Source Note: The provisions of this §231.641 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scE/s231.643"><num value="231.643">§231.643</num><heading>Small Engine Technology, Grades 9-12</heading><content>An assignment for Small Engine Technology I or Small Engine Technology II, Grades 9-12, is allowed with one of the following certificates. (1) Agriculture, Food, and Natural Resources: Grades 6-12. (2) Agricultural Science and Technology: Grades 6-12. (3) Any vocational agriculture certificate. (4) Secondary Industrial Arts (Grades 6-12). (5) Secondary Industrial Technology (Grades 6-12). (6) Technology Education: Grades 6-12. (7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval. (8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval. (9) Trade and Industrial Workforce Training: Grades 6-12. This assignment requires appropriate work approval. (10) Vocational Trades and Industry. This assignment requires appropriate work approval.</content><note type="source"><p>Source Note: The provisions of this §231.643 adopted to be effective March 9, 2026, 51 TexReg 1386.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c231/scF"><num value="F">SUBCHAPTER F</num><heading>SPECIAL EDUCATION-RELATED SERVICES PERSONNEL ASSIGNMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.701"><num value="231.701">§231.701</num><heading>Special Education Teacher</heading><content>(a) The provisions of this section are effective September 1, 2025, unless otherwise specified in rule.(b) Subject to the requirements in subsection (d) of this section, an assignment of Special Education Teacher is allowed with one of the following SBEC-issued certificates:(1) Bilingual Special Education Supplemental: Early Childhood-Grade 12;(2) Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6; (3) Deafblind Supplemental: Early Childhood-Grade 12;(4) Special Education Specialist: Early Childhood-Grade 12;(5) Special Education Supplemental (valid at grade level and subject area of the base certificate);(6) Special Education: Early Childhood-Grade 12;(7) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12;(8) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12; or(9) any special education certificate issued before September 1, 2003, and deemed appropriate by the employing school district for placement into the assignment.(c) The certificates specified in subsection (a) of this section are appropriate for a special education assignment in Prekindergarten-Grade 12 except where otherwise noted.(d) If an individual in an assignment of special education teacher serves as the teacher of record and is responsible for evaluating student achievement and assigning grades, a valid certificate that matches the subject and grade level of the assignment is also required, or the individual must demonstrate content area competency through requirements as applicable in the figure provided in this subsection, the state's "Texas Content Competency Worksheet for Special Education Teachers of Record (Grades EC-12)."Attached Graphic(1) Individuals who previously demonstrated content competency through the state's 2010 and 2011 high objective uniform standard of evaluation for elementary and secondary special education teachers in an assignment of special education teacher of record before September 1, 2025, must hold a valid certificate that matches the subject and grade level of the assignment, or the individual must demonstrate content area competency as attested by the administrator in Sections A-B and F of Figure: 19 TAC §231.701(d).(2) Individuals who did not previously demonstrate content competency through the state's 2010 and 2011 high objective uniform standard of evaluation for elementary and secondary special education teachers of record before September 1, 2025, must hold a valid certificate that matches the subject and grade level of the assignment, or the individual must demonstrate content area competency through requirements as applicable in Sections A and C-E and Section F of Figure: 19 TAC §231.701(d).(e) The employing school district should make every effort to secure educators trained in the specialized skills and knowledge needed to serve the special education needs of children. If a staff member does not have the skills and knowledge needed for the assignment, the school district is responsible for making provisions for the person to acquire the necessary skills and knowledge.</content><note type="source"><p>Source Note: The provisions of this §231.701 adopted to be effective May 18, 2025, 50 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.703"><num value="231.703">§231.703</num><heading>Teacher of Adaptive Physical Education</heading><content>(a) An assignment for Teacher of Adaptive Physical Education is allowed with one of the following certificates.(1) All-Level Health and Physical Education.(2) All-Level Physical Education.(3) Elementary Physical Education (Grades 1-8) (Grades 1-8 only).(4) Grades 6-8--Physical Education (Grades 6-8 only).(5) Physical Education: Early Childhood-Grade 12.(6) Secondary Physical Education (Grades 6-12) (Grades 6-12 only).(7) Special education certificate as specified in §231.701 of this title (relating to Special Education Teacher). This assignment requires necessary skills and knowledge in adaptive physical education. Evidence of necessary skills and knowledge in adaptive physical education must be documented through in-service records, seminar attendance records, or transcripts of college courses.(b) Other licensed professionals may be eligible to provide adaptive physical education services to students with disabilities under the scope of practice of the specific license held.</content><note type="source"><p>Source Note: The provisions of this §231.703 adopted to be effective December 27, 2020, 45 TexReg 9183.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.705"><num value="231.705">§231.705</num><heading>Full-Time Teacher of Orthopedically Impaired or Other Health Impaired in a Hospital Class or Home-Based Instruction</heading><content>An assignment for Full-Time Teacher of Orthopedically Impaired or Other Health Impaired in a Hospital Class or Home-Based Instruction is allowed with one of the following certificates.(1) Special education certificate as specified in §231.701 of this title (relating to Special Education Teacher).(2) Teacher certificate. This assignment requires a three-semester credit hour survey course in special education and three semester credit hour course related to teaching students who are physically impaired or health impaired.</content><note type="source"><p>Source Note: The provisions of this §231.705 adopted to be effective December 27, 2020, 45 TexReg 9183.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.707"><num value="231.707">§231.707</num><heading>Teacher of Students with Visual Impairments</heading><content>(a) An assignment for Teacher of Students with Visual Impairments is allowed with one of the following certificates.(1) Deficient Vision.(2) Visually Handicapped.(3) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12.(b) A teacher in an assignment for Teacher of Students with Visual Impairments must be available to students with visual impairments.</content><note type="source"><p>Source Note: The provisions of this §231.707 adopted to be effective December 27, 2020, 45 TexReg 9183.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.709"><num value="231.709">§231.709</num><heading>Teacher of the Deaf and Hard of Hearing.</heading><content>(a) An assignment for Teacher of the Deaf and Hard of Hearing is allowed with one of the following certificates.(1) Deaf and Severely Hard of Hearing.(2) Hearing Impaired.(3) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12.(b) A teacher in an assignment for Teacher of the Deaf and Hard of Hearing must be available to students with auditory impairments. (c) A teacher in an assignment for Teacher of the Deaf and Hard of Hearing is not required to pass the Texas Assessment of Sign Communication (TASC) or the Texas Assessment of Sign Communication-American Sign Language (TASC-ASL) in order to be assigned to a classroom in which another communication method is used predominately. If this teacher completes certification requirements through a State Board for Educator Certification-approved educator preparation program in Texas, the program must have assessed proficiency in the communication method and verified it to be at an appropriate level.</content><note type="source"><p>Source Note: The provisions of this §231.709 adopted to be effective December 27, 2020, 45 TexReg 9183; amended to be effective May 18, 2025, 50 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.710"><num value="231.710">§231.710</num><heading>Teacher of Students who are Deafblind</heading><content>(a) An assignment for Teacher of Students who are Deafblind is allowed with the Deafblind Supplemental: Early Childhood-Grade 12 certificate.(b) A teacher in an assignment for Teacher of Students who are Deafblind must also hold one or more of the following certificates. (1) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12. (2) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12.(3) Teacher of Students who are Visually Impaired.(4) Deficient Vision.(5) Visually Handicapped.(6) Deaf and Severely Hard of Hearing.(7) Hearing Impaired.</content><note type="source"><p>Source Note: The provisions of this §231.710 adopted to be effective May 18, 2025, 50 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.711"><num value="231.711">§231.711</num><heading>Teacher of Gifted and Talented Students</heading><content>(a) An assignment for Teacher of Gifted and Talented Students is allowed with one of the following.(1) A teacher certificate that matches the subject and grade level of the assignment.(2) Gifted and Talented Endorsement (Not required for assignment).(3) Gifted and Talented Supplemental (Not required for assignment).(b) In addition to the requirements specified in this subchapter, individuals assigned to a gifted and talented program must comply with the provisions of Chapter 89, Subchapter A, of this title (relating to Gifted/Talented Education).</content><note type="source"><p>Source Note: The provisions of this §231.711 adopted to be effective December 27, 2020, 45 TexReg 9183.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scF/s231.713"><num value="231.713">§231.713</num><heading>Special Education Counseling Services; Educational Diagnostician; Speech Therapy Services; and Vocational Adjustment Coordinator</heading><content>(a) Special Education Counseling Services.(1) An assignment for Special Education Counseling Services is allowed with one of the following certificates.(A) Counselor.(B) School Counselor (Early Childhood-Grade 12).(C) Special Education Counselor.(D) Special Education Visiting Teacher.(E) Vocational Counselor.(2) Individuals certified or licensed to practice in other professions may be eligible to provide counseling services for students with disabilities under the scope of practice of the specific license held.(b) Educational Diagnostician.(1) An assignment for Educational Diagnostician is allowed with an Educational Diagnostician certificate.(2) Individuals certified or licensed to practice in other professions may be eligible to provide evaluative services for students with disabilities under the scope of practice of the specific license held.(c) Speech Therapy Services.(1) An assignment for Speech Therapy Services is allowed with one of the following certificates.(A) School Speech-Language Pathologist.(B) Speech and Hearing Therapy.(C) Speech and Language Therapy.(2) Individuals licensed by the State Board of Examiners for Speech-Language Pathology and Audiology also may provide speech therapy services to eligible students under the scope of practice of the specific license held.(d) Vocational Adjustment Coordinator.(1) An assignment for Vocational Adjustment Coordinator is allowed with a Special Education certificate. This assignment requires 60 clock-hours of training appropriate for the assignment.(2) A teacher in an assignment for Vocational Adjustment Coordinator will have three years from the date of assignment to complete the required training.</content><note type="source"><p>Source Note: The provisions of this §231.713 adopted to be effective December 27, 2020, 45 TexReg 9183.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c231/scG"><num value="G">SUBCHAPTER G</num><heading>PARAPROFESSIONAL PERSONNEL, ADMINISTRATORS, AND OTHER INSTRUCTIONAL AND PROFESSIONAL SUPPORT ASSIGNMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c231/scG/s231.751"><num value="231.751">§231.751</num><heading>Educational Aide</heading><content>(a) Educational Aide I.(1) An assignment for Educational Aide I is allowed with one of the following certificates.(A) Educational Aide I.(B) Educational Aide II.(C) Educational Aide III.(D) Valid Texas classroom teacher certificate.(2) The role description for an Educational Aide I is codified in §230.61(1) of this title (relating to Role Descriptions).(b) Educational Aide II.(1) An assignment for Educational Aide II is allowed with one of the following certificates.(A) Educational Aide II.(B) Educational Aide III.(C) Valid Texas classroom teacher certificate.(2) The role description for an Educational Aide II is codified in §230.61(2) of this title.(c) Educational Aide III.(1) An assignment for Educational Aide III is allowed with one of the following certificates.(A) Educational Aide III.(B) Valid Texas classroom teacher certificate.(2) The role description of an Educational Aide III is codified in §230.61(3) of this title.</content><note type="source"><p>Source Note: The provisions of this §231.751 adopted to be effective December 27, 2020, 45 TexReg 9183.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scG/s231.753"><num value="231.753">§231.753</num><heading>Administrators and Other Instructional and Professional Support Personnel</heading><content>(a) Administrators. (1) An assignment for Superintendent is allowed with one of the following certificates. (A) Administrator. (B) Superintendent. (2) An assignment for Principal is allowed with one of the following certificates. (A) Administrator. (B) Mid-Management Administrator. (C) Principal. (D) Principal as Instructional Leader.(E) Superintendent. (3) An assignment for Assistant Principal is allowed with one of the following certificates. (A) Administrator. (B) Assistant Principal. (C) Mid-Management Administrator. (D) Principal. (E) Principal as Instructional Leader.(F) Superintendent. (b) Athletic Director. An assignment for Athletic Director is allowed with a valid Texas classroom teacher certificate.(c) Educational Diagnostician. An assignment for Educational Diagnostician is allowed with an Educational Diagnostician, Early Childhood-Grade 12 certificate.(d) Reading Specialist. An assignment for Reading Specialist is allowed with a Reading Specialist, Early Childhood-Grade 12 certificate. (e) Librarian. An assignment for Librarian is allowed with one of the following certificates. (1) Learning Resources Endorsement. (2) Learning Resources Specialist. (3) Librarian. (4) School Librarian (Early Childhood-Grade 12). (f) School Counselor. An assignment for School Counselor is allowed with one of the following certificates. (1) Counselor. (2) School Counselor (Early Childhood-Grade 12). (3) Special Education Counselor. (4) Vocational Counselor.</content><note type="source"><p>Source Note: The provisions of this §231.753 adopted to be effective December 27, 2020, 45 TexReg 9183; amended to be effective March 9, 2026, 51 TexReg 1386.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c231/scG/s231.755"><num value="231.755">§231.755</num><heading>Professional Support Personnel Requiring Other Professional License</heading><content>A person may not be employed by a school district to perform services within the following professions unless the person holds the appropriate credential or license from the appropriate state agency for that profession. Educator certification is not required for a school district assignment to provide services that are within the scope of that profession.(1) Associate School Psychologist.(2) Audiologist.(3) Licensed Professional Counselor.(4) Marriage and Family Therapist. As long as a person was employed by a school district before September 1, 2011, to perform marriage and family therapy, as defined by the Texas Occupations Code (TOC), §502.002, and remains employed by the same school district, the person is not required to hold a license as a marriage and family therapist to perform marriage and family therapy with that school district.(5) Nurse.(6) Occupational Therapist.(7) Physical Therapist.(8) Physician.(9) School Psychologist.(10) Social Worker.(11) Speech-Language Pathologist. An assignment to provide Speech Therapy Services is allowed with a certificate authorized by the TOC, §401.054.</content><note type="source"><p>Source Note: The provisions of this §231.755 adopted to be effective December 27, 2020, 45 TexReg 9183.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c232"><num value="232">CHAPTER 232</num><heading>GENERAL CERTIFICATION PROVISIONS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c232/scA"><num value="A">SUBCHAPTER A</num><heading>CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.1"><num value="232.1">§232.1</num><heading>General Provisions</heading><content>(a) All educators should model the philosophy of life-long learning; therefore, participation in professional development activities is expected of all educators. Activities must focus on the need of each educator to continually update his or her knowledge of current content, best practices, research, and technology that is relevant to his or her individual role as an educator. The State Board for Educator Certification (SBEC) shall ensure that requirements for renewal and continuing professional education are flexible to allow each individual educator to identify the activities he or she will complete to satisfy the SBEC's requirements.(b) This chapter provides the minimum requirements necessary to renew any class of certificate issued by the SBEC.(c) Each individual who holds a standard certificate(s) is responsible for renewing the certificate(s) and paying a fee for late renewal. Failure to receive notice of the renewal requirement or deadline does not excuse the individual's obligation to renew or pay applicable fees.(d) An educator may not renew a certificate if the individual fails to comply with the requirements of this subchapter.(e) Pursuant to the Texas Education Code, §21.003(a), an educator employed by a Texas public school district who fails to satisfy each of the requirements to renew his or her standard certificate(s) by the renewal date moves to inactive status and is ineligible for employment in a Texas public school district in a position for which a certificate is required until all appropriate requirements are satisfied. However, if an educator has completed the requirements for renewal and submitted a renewal application prior to the expiration date of the certificate, the certificate will not be considered to have expired.</content><note type="source"><p>Source Note: The provisions of this §232.1 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.5"><num value="232.5">§232.5</num><heading>Renewal Date for Certificates</heading><content>(a) The renewal date of a standard certificate shall be five years after the last day of the certificate holder's next birth month.(b) If an educator holds multiple certificates, all certificates will be renewed concurrently and are subject to renewal after the last day of the certificate holder's birth month in the year in which the earliest certificate was issued.(c) Pursuant to the Texas Education Code, §21.0031(f), a certificate or permit is not considered to have expired if the educator has completed the renewal requirements of this subchapter and has applied for renewal prior to the expiration date of the certificate or permit. Pursuant to the Texas Government Code, §2001.054, if an educator makes timely and sufficient application for the renewal or extension of a certificate or permit that is not granted because of the pendency of a matter subject to notice and hearing pursuant to Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases), the existing certificate or permit does not expire until the application for renewal or extension has been finally determined by the State Board for Educator Certification (SBEC) and the last day for seeking review of the SBEC order has passed.(d) The renewal of a certificate that is delayed as a result of failure to meet the renewal requirements of this subchapter will not become effective until all renewal requirements have been satisfied.(e) If all renewal requirements have been satisfied and submitted to the Texas Education Agency (TEA), the effective renewal date of a certificate or permit will not be affected by any TEA processing delay.</content><note type="source"><p>Source Note: The provisions of this §232.5 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.7"><num value="232.7">§232.7</num><heading>Requirements for Certificate Renewal</heading><content>(a) The Texas Education Agency (TEA) staff shall develop procedures to:(1) notify educators at least six months prior to the expiration of the renewal period to the email address as specified in §230.91 of this title (relating to Procedures in General);(2) confirm compliance with all renewal requirements pursuant to this subchapter;(3) notify educators who are not renewed due to noncompliance with this section; and(4) verify that educators applying for reactivation of certificate(s) under §232.9 of this title (relating to Inactive Status and Late Renewal) are in compliance with subsection (c) of this section.(b) The TEA staff shall administratively approve each hardship exemption request that meets the criteria specified in paragraphs (1)-(3) of this subsection for a hardship exemption due to a catastrophic illness or military service or paragraph (4) of this subsection for a hardship exemption requested by a local education agency.(1) A hardship exemption must be due to one of the following circumstances that prevented the educator's completion of renewal requirements:(A) catastrophic illness or injury of the educator;(B) catastrophic illness or injury of an immediate family member; or(C) military service of the educator.(2) The request for a hardship exemption must include documentation from a licensed physician or verified military records.(3) The request for the amount of time allowed for renewal is equal to:(A) the amount of time that a licensed physician determined that the educator was not able to complete renewal requirements due to the educator's catastrophic illness or injury; or(B) the amount of time that a licensed physician determined that the educator was not able to complete renewal requirements due to the catastrophic illness or injury of an immediate family member; or(C) two years of additional time for a military service member, in accordance with the Texas Occupations Code, §55.003.(4) A hardship exemption may be approved for a local education agency on behalf of an educator who has an invalid certificate due to lack of earning the required continuing professional education (CPE) hours as prescribed in §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours). The hardship exemption is valid for the academic year of the application and may be renewed up to one additional academic year, provided that the superintendent or designee of the local education agency requests the extension.(5) If a hardship exemption request, as described in paragraph (4) of this subsection, is approved, the educator must pay the appropriate renewal fee, pursuant to §230.101 of this title (relating to Schedule of Fees for Certification Services).(c) To be eligible for renewal, an educator must:(1) subject to §232.16(c) of this title (relating to Verification of Renewal Requirements), satisfy CPE requirements, pursuant to §232.11 of this title;(2) hold a valid standard certificate that is not currently suspended and has not been surrendered in lieu of revocation or revoked by lawful authority;(3) not be a respondent in a disciplinary proceeding under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases);(4) be in compliance with all terms of any orders of the State Board for Educator Certification resulting from a disciplinary proceeding against the educator under Chapter 249 of this title;(5) successfully resolve any reported criminal history, as defined by §249.3 of this title (relating to Definitions);(6) not be in arrears of child support, pursuant to the Texas Family Code, Chapter 232;(7) pay the renewal fee, provided in §230.101 of this title, which shall be a single fee regardless of the number of certificates being renewed; and(8) submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code, §22.0831.(d) The TEA staff shall renew the certificate(s) of an educator who meets all requirements of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §232.7 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 28, 2016, 41 TexReg 6195; amended to be effective August 6, 2020, 45 TexReg 5345; amended to be effective May 12, 2022, 47 TexReg 2754; amended to be effective October 6, 2022, 47 TexReg 6435; amended to be effective March 7, 2024, 49 TexReg 1276.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.9"><num value="232.9">§232.9</num><heading>Inactive Status and Late Renewal</heading><content>(a) The certificate(s) of an educator holding a valid standard certificate who does not satisfy the requirements of this subchapter shall be placed on inactive status, subject to the requirements of the Texas Education Code, §21.0031(f). Texas Education Agency (TEA) staff shall notify a person by email of the reason(s) for denying the renewal and the actions or conditions required for removal from inactive status. At any time, the educator may apply to have his or her certificate(s) reactivated and submit the reactivation fee. The TEA staff shall administratively approve reactivation of the educator's certificate(s) subject to verification that the educator is in compliance with §232.7 of this title (relating to Requirements for Certificate Renewal). The renewal date of a reactivated certificate(s) shall be five years after the last day of the certificate holder's next birth month.(b) A person who satisfies all requirements for renewal prior to the certificate expiration date and submits an application after the expiration date of a certificate shall pay a late renewal fee in addition to the standard renewal fee. The certificate status will be set to valid, and the effective date of the certificate will be the day after the prior expiration date. A person whose certificate has become inactive longer than six months after the expiration date because of failure to renew shall pay a late renewal fee in addition to the standard renewal fee. The certificate status will be set to valid, and the effective date of the certificate will be the date the educator completed continuing professional education (CPE) hours, provided it is not more than 60 days prior to the date of the application. If the application is submitted more than 60 days after CPE hours were completed, the effective date will be 60 days prior to the date of the application. The amount of these fees shall be as provided in §230.101 of this title (relating to Schedule of Fees for Certification Services).(c) If a person does not satisfy the required CPE hours at the expiration of the renewal period, the person may have the certificate(s) removed from inactive status and reactivated by verifying through an affidavit whether he or she is in compliance with renewal requirements, including CPE hours, and paying any applicable fee(s).</content><note type="source"><p>Source Note: The provisions of this §232.9 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 28, 2016, 41 TexReg 6195; amended to be effective October 17, 2017, 42 TexReg 5682; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.11"><num value="232.11">§232.11</num><heading>Number and Content of Required Continuing Professional Education Hours</heading><content>(a) The appropriate number of clock-hours of continuing professional education (CPE) must be completed during each five-year renewal period.(b) One semester credit hour earned at an accredited institution of higher education is equivalent to 15 CPE clock-hours.(c) Required Content.(1) All educators must receive CPE training regarding educating students with disabilities. This training must include information particular to educating students with dyslexia.(2) Other than hours earned to comply with subsections (d), (e), (f), (g), and (k) of this section, professional development activities shall be related to the certificate(s) being renewed and focus on the standards required for issuance of the certificate(s), including:(A) content area knowledge and skills; and(B) professional ethics and standards of conduct.(d) Classroom Teacher.(1) Classroom teacher certificate holders shall complete 150 clock-hours.(2) A classroom teacher who renews a certificate prior to September 1, 2023, must attain some hours of CPE that includes training directly related to each of the following topics and may include two or more listed topics combined:(A) collecting and analyzing information that will improve effectiveness in the classroom;(B) recognizing early warning indicators that a student may be at risk of dropping out of school;(C) digital learning, digital teaching, and integrating technology into classroom instruction;(D) educating diverse student populations, including:(i) students who are educationally disadvantaged; and(ii) students at risk of dropping out of school; and(E) understanding appropriate relationships, boundaries, and communications between educators and students.(3) Subject to paragraph (4) of this subsection, a classroom teacher who renews a certificate on or after September 1, 2023, may not be required to obtain more than 25 percent of CPE training hours, including e-instruction in and directly related to, each of the following topics, which may include two or more listed topics combined:(A) collecting and analyzing information that will improve effectiveness in the classroom;(B) recognizing early warning indicators that a student may be at risk of dropping out of school;(C) digital learning, digital teaching, and integrating technology into classroom instruction;(D) educating diverse student populations, including:(i) students who are educationally disadvantaged; and(ii) students at risk of dropping out of school; and(E) understanding appropriate relationships, boundaries, and communications between educators and students.(4) Training in a topic of instruction described by paragraph (3) of this subsection obtained by a classroom teacher in excess of an amount of hours equal to 25 percent of CPE training hours shall be counted toward the teacher's overall training requirements.(e) Principal and Principal as Instructional Leader.(1) Principal and Principal as Instructional Leader certificate holders shall complete 200 clock-hours.(2) A principal and principal as instructional leader who renews a certificate prior to September 1, 2023, must attain some hours of CPE that include training directly related to each of the following topics:(A) effective and efficient management, including:(i) collecting and analyzing information;(ii) making decisions and managing time; and(iii) supervising student discipline and managing behavior;(B) recognizing early warning indicators that a student may be at risk of dropping out of school;(C) digital learning, digital teaching, and integrating technology into campus curriculum and instruction;(D) effective implementation of the Texas Model for Comprehensive School Counseling Programs under Texas Education Code (TEC), §33.005;(E) mental health programs addressing a mental health condition;(F) educating diverse student populations, including:(i) students who are educationally disadvantaged;(ii) emergent bilingual students; and(iii) students at risk of dropping out of school; and(G) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under Texas Penal Code, §21.12, or for which reporting is required under TEC, §21.006.(3) For a principal and principal as instructional leader who renews a certificate on or after September 1, 2023, not more than 50 hours of CPE training shall include instruction in, and must be directly related to, each of the following topics and may include two or more listed topics combined:(A) effective and efficient management, including:(i) collecting and analyzing information;(ii) making decisions and managing time; and(iii) supervising student discipline and managing behavior;(B) recognizing early warning indicators that a student may be at risk of dropping out of school;(C) digital learning, digital teaching, and integrating technology into campus curriculum and instruction;(D) effective implementation of the Texas Model for Comprehensive School Counseling Programs under TEC, §33.005;(E) mental health programs addressing a mental health condition;(F) educating diverse student populations, including:(i) students who are educationally disadvantaged;(ii) emergent bilingual students; and(iii) students at risk of dropping out of school; and(G) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under Texas Penal Code, §21.12, or for which reporting is required under TEC, §21.006.(f) School Counselor.(1) School Counselor certificate holders shall complete 200 clock-hours.(2) A school counselor who renews a certificate on or after September 1, 2023, must attain at least 25 percent of CPE hours that includes training directly related to each of the following five topics:(A) assisting students in developing high school graduation plans;(B) implementing dropout prevention strategies;(C) informing students concerning:(i) college admissions, including college financial aid resources and application procedures; and(ii) career opportunities;(D) counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and(E) effective implementation of the Texas Model for Comprehensive School Counseling Programs under TEC, §33.005.(g) Superintendent.(1) Superintendent certificate holders shall complete 200 clock-hours.(2) An individual who holds a superintendent certificate that is renewed on or after January 1, 2021, must complete at least 2.5 hours of training every five years on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children, in accordance with TEC, §21.054(h). For purposes of this subsection, "other maltreatment" has the meaning assigned by Human Resources Code, §42.002.(h) School Librarian and Learning Resources Specialist certificate holders shall complete 200 clock-hours.(i) Educational Diagnostician certificate holders shall complete 200 clock-hours.(j) Reading Specialist certificate holders shall complete 200 clock-hours.(k) The required CPE for educators who teach students with dyslexia must include training regarding new research and practices in educating students with dyslexia. The required training may be satisfied through an online course approved by Texas Education Agency staff.(l) Professional development activities may include:(1) an evidence-based mental health first aid training program or an evidence-based grief-informed and trauma-informed care program that is offered through a classroom instruction format that requires in-person attendance. A person receiving this training will receive twice the number of hours of instruction provided under that program, not to exceed 16 hours;(2) suicide prevention training that meets the guidelines for suicide prevention training approved under the TEC, §21.451;(3) an instructional course on the use of an automated external defibrillator in accordance with the guidelines established by the device's manufacturer and approved by the American Heart Association, the American Red Cross, other nationally recognized associations, or the medical director of a local emergency medical services provider, in accordance with the TEC, §21.0541;(4) education courses that:(A) use technology to increase the educator's digital literacy; and(B) assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices;(5) educating students with mental health conditions, including how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma;(6) for classroom teachers, educating emergent bilingual students; and(7) educating students who engage in substance abuse.(m) An educator holding multiple classes of certificates shall complete the higher number of required CPE clock-hours in the classes held during each five-year renewal period unless otherwise specified in applicable State Board for Educator Certification rules codified in the Texas Administrative Code, Title 19, Part 7.(n) An educator eligible to renew multiple classes of certificates issued during the same renewal period may satisfy the requirements for any class of certificate issued for less than the full five-year period by completing a prorated number of the required CPE clock-hours. Educators must complete a minimum of one-fifth of the additional CPE clock-hours for each full calendar year that the additional class of certificate is valid.</content><note type="source"><p>Source Note: The provisions of this §232.11 adopted to be effective August 6, 2020, 45 TexReg 5345; amended to be effective May 12, 2022, 47 TexReg 2754; amended to be effective March 7, 2024, 49 TexReg 1276.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.15"><num value="232.15">§232.15</num><heading>Types of Acceptable Continuing Professional Education Activities</heading><content>(a) The following are acceptable types of continuing professional education (CPE) activities:(1) participating in institutes, workshops, seminars, conferences, interactive distance learning, video conferencing, online activities, and in-service or staff development activities given by an approved provider or sponsor, pursuant to §232.21 of this title (relating to Provider Requirements). Staff development activities completed through accredited public and private schools in other states, United States territories, and countries other than the United States may be accepted;(2) completing undergraduate courses, graduate courses, or training programs that are taken through an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board or as outlined in §230.1 of this title (relating to Definitions);(3) participating in an independent study in content area knowledge and skills related to the certificate(s) being renewed, not to exceed 20% of the required clock-hours, which may include:(A) self-study of relevant professional materials (e.g., books, journals, periodicals, video and audio tapes, computer software, interactive distance learning, video conferencing, or online activities);(B) developing curriculum; or(C) authoring a published work;(4) developing, teaching, or presenting a CPE activity described in this section, not to exceed 10% of the required clock-hours; and(5) providing professional guidance as a mentor to another educator, not to exceed 30% of the required clock-hours.(b) Completion of each CPE activity should be evidenced by documentation (e.g., transcripts, certificates of completion, or attendance logs).</content><note type="source"><p>Source Note: The provisions of this §232.15 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 28, 2016, 41 TexReg 6195; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.16"><num value="232.16">§232.16</num><heading>Verification of Renewal Requirements</heading><content>(a) Written documentation of completion of all activities applied toward continuing professional education (CPE) requirements shall be maintained by each educator.(b) Subject to subsection (c) of this section, by the date renewal is required, the educator shall verify through an affidavit in a manner determined by the Texas Education Agency (TEA) staff whether he or she is in compliance with renewal requirements, including CPE.(c) Satisfaction of continuing professional education requirements, pursuant to §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours), is not required by the renewal date if such requirements are implemented within one year prior to the renewal date.(d) The TEA staff shall be responsible for auditing compliance with renewal requirements. The TEA audit procedures shall be based on available resources and may include random audits. The TEA staff shall contact an educator selected for an audit of his or her renewal requirements and provide the educator with information needed to submit the documentation that supports certificate renewal. The TEA staff at any time may review the documentation required for renewal under this subchapter, which may include the documentation described in §232.15 of this title (relating to Types of Acceptable Continuing Professional Education Activities) and §232.21of this title (relating to Provider Requirements).</content><note type="source"><p>Source Note: The provisions of this §232.16 adopted to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.17"><num value="232.17">§232.17</num><heading>Pre-Approved Continuing Professional Education Provider or Sponsor</heading><content>(a) The following entities may provide and/or sponsor continuing professional education (CPE) activities and must comply with the provisions of §232.21 of this title (relating to Provider Requirements). Pre-approved providers include:(1) State Board for Educator Certification;(2) Texas Education Agency;(3) accredited institutions of higher education that at the time were accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(4) regional education service centers;(5) Texas public school districts and open-enrollment charter schools. To be creditable toward CPE requirements, school district in-service and/or staff development activities must be developed, approved, and conducted in accordance with the Texas Education Code, §21.451;(6) private schools, as defined in §230.1 of this title (relating to Definitions); and(7) professional membership associations or non-profits that have offered professional development in Texas for at least five years and have tax-exempt status under 26 United States Code, §501(c)(3)-(6), or a state association affiliated with a national association with tax-exempt status.(b) If private companies, entities, and individuals provide CPE activities on behalf of a pre-approved provider, the pre-approved provider is responsible for ensuring compliance with quality and documentation requirements of §232.21 of this title.</content><note type="source"><p>Source Note: The provisions of this §232.17 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 28, 2016, 41 TexReg 6195; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.19"><num value="232.19">§232.19</num><heading>Approval of Private Companies, Private Entities, and Individuals as Continuing Professional Education Providers</heading><content>Private companies, private entities, and individuals seeking approval to provide continuing professional education (CPE) for Texas educators on their own behalf must apply for registration with the State Board for Educator Certification and must comply with the provisions of §232.21 of this title (relating to Provider Requirements).(1) The Texas Education Agency staff shall approve as a CPE provider any person, agency, or entity seeking to offer CPE activities that:(A) submits provider information with types and methods of CPE activities;(B) affirms compliance with all applicable statutes and rules; and(C) prohibits discrimination in the provision of CPE activities to any certified educator.(2) It is the responsibility of the educator to verify the approval status of any CPE provider prior to completion of the CPE activities.</content><note type="source"><p>Source Note: The provisions of this §232.19 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 28, 2016, 41 TexReg 6195; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scA/s232.21"><num value="232.21">§232.21</num><heading>Provider Requirements</heading><content>(a) All continuing professional education (CPE) providers must:(1) comply with applicable State Board for Educator Certification (SBEC) rules codified in Texas Administrative Code, Title 19, Part 7;(2) contribute to the advancement of professional knowledge and skills identified by the commissioner's rules for teacher and administrator standards in Chapter 149 of this title (relating to Commissioner's Rules Concerning Educator Standards), the Texas Essential Knowledge and Skills adopted by the State Board of Education, and standards adopted by the SBEC for each certificate;(3) ensure that all CPE offered:(A) is developed and presented by persons who are appropriately knowledgeable in the subject matter of the training being offered; and(B) specifies the content under §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours) and number of creditable CPE clock-hours.(b) At the conclusion of each activity offered for CPE credit, the provider or sponsor must provide to each educator in attendance written documentation listing, at a minimum, the provider's name and provider number, the educator's name, the date and content of the activity, and the number of clock-hours that count toward satisfying CPE requirements.(c) All providers are required to maintain a record of CPE activities that includes a list of attendees, the date and content of the activity, and the number of clock-hours that count toward satisfying CPE requirements. Providers shall retain a record of CPE activity for a period of seven years after the activity is completed.(d) A provider or sponsor that is not granted approval or has its approval withdrawn by the TEA staff is not entitled to a contested-case hearing before the SBEC or a person designated by the SBEC to conduct contested-case hearings.(e) The TEA staff shall investigate complaints against a provider or sponsor alleging noncompliance with this section. If the investigation determines that the provider or sponsor is operating in violation of any applicable provision under this chapter, the TEA staff may withdraw the approval granted under this section to the provider or sponsor until the provider or sponsor can demonstrate compliance.(f) The TEA staff at any time may review the documentation required for provider registration under this chapter. If a review determines that the provider or sponsor is operating in violation of any applicable provision under this chapter, the TEA staff may withdraw the approval granted under this section to the provider or sponsor until the provider or sponsor can demonstrate compliance.(g) Before withdrawing approval under subsection (e) or (f) of this section, TEA staff will notify the provider or sponsor in writing that an alleged violation has occurred, provide a summary of the allegation, and request that the provider or sponsor respond to the allegation.(1) A provider or sponsor shall:(A) cooperate fully with any TEA investigation or review; and(B) respond within 21 business days of receipt of requests for information regarding the allegation and other requests for information from the TEA, except where:(i) TEA staff imposes a different response date; or(ii) the provider or sponsor is unable to meet the initial response date and requests and receives a different response date from TEA staff.(2) TEA staff may request further information from the provider or sponsor.(3) If a provider or sponsor fails to comply with paragraph (1)(B) of this subsection, the TEA may deem admitted the violation of rules under this chapter.(4) Upon completion of an investigation or review, TEA staff will notify the provider or sponsor in writing of the findings.(A) If TEA staff finds that a violation occurred, the notice will specify each rule that was violated and that the approval granted under this section has been withdrawn until the provider or sponsor can demonstrate compliance.(B) If TEA staff finds that no violation has occurred, the notice will specify that no rule was violated.</content><note type="source"><p>Source Note: The provisions of this §232.21 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 28, 2016, 41 TexReg 6195; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c232/scB"><num value="B">SUBCHAPTER B</num><heading>NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF ACTIVE CERTIFICATE HOLDERS</heading><section identifier="/us/state/tx/tac/t19/p7/c232/scB/s232.31"><num value="232.31">§232.31</num><heading>Purpose</heading><content>(a) This subchapter provides rules for the implementation of the criminal history record information review under the Texas Education Code, Chapter 22, Subchapter C.(b) The following words, terms, and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Certified educator--An employee or applicant for employment at a school entity who holds a Texas educator certification issued under the Texas Education Code (TEC), Chapter 21, Subchapter B, as required by the TEC, Chapter 22, Subchapter C, to whom the TEC, §22.0831, and this subchapter apply.(2) Criminal History Clearinghouse--An electronic clearinghouse and subscription service established by the Texas Department of Public Safety, as defined by the Texas Government Code, §411.0845.(3) National criminal history record information--Criminal history record information obtained from both the Texas Department of Public Safety and the Federal Bureau of Investigation, as defined by the Texas Education Code, §22.081.(4) Pre-enrollment--The process by which the Texas Education Agency transmits personal identifiers for an applicant for certification, a certified educator, or a non-certified employee to the Texas Department of Public Safety or its fingerprinting vendor, who then provides the individual with a scheduling email that allows for the scheduling of a fingerprinting appointment.(5) School entity--A school district, open-enrollment charter school, or shared services arrangement.(6) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's administrative functions and services.(c) A certified educator shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) in the form the DPS requires for the purpose of entering the person's national criminal history record information into the Criminal History Clearinghouse.(d) A certified educator may not be employed by a school entity on or after September 1, 2011, unless the certified educator's national criminal history record information has been entered into the Criminal History Clearinghouse and made available to the Texas Education Agency and the school entity by which the certified educator is employed.</content><note type="source"><p>Source Note: The provisions of this §232.31 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scB/s232.33"><num value="232.33">§232.33</num><heading>Required Assistance</heading><content>All school entities and regional education service centers shall assist the State Board for Educator Certification (SBEC) and the Texas Education Agency (TEA) in the collection of criminal history record information to facilitate this review, as required by statute. School entities shall promptly submit all requested information in accordance with §232.35 of this title (relating to Submission of Required Information) to the TEA staff. School entities and regional education service centers shall cooperate with the SBEC, the TEA, and the Texas Department of Public Safety and its contractors in providing facilities and opportunities for certified educators to submit their required information.</content><note type="source"><p>Source Note: The provisions of this §232.33 adopted to be effective August 12, 2012, 37 TexReg 5764.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scB/s232.35"><num value="232.35">§232.35</num><heading>Submission of Required Information</heading><content>(a) Notice to school entity.(1) Upon notice from the Texas Education Agency (TEA) staff, a school entity shall provide, no later than 15 calendar days from the date the school entity receives the notice, the names, e-mail addresses, and any other requested identifying information for all certified educators employed by the school entity at that time.(2) All certified educators shall provide the school entity by which they are employed an e-mail address at which the certified educator can receive notices and authorizations required by this subchapter. A school entity e-mail address or an Internet e-mail address is acceptable for this purpose.(3) The TEA staff shall use the identifying information to return a fingerprinting status to the school entity. The TEA will also submit the identifying information to the Texas Department of Public Safety (DPS) or its vendor to pre-enroll certified educators who must submit fingerprint, photograph, and identification information for the purpose of a national criminal history record information review.(4) All certified educators hired by a school entity shall submit fingerprint, photograph, and identification information required by this subchapter before the certified educator begins employment with the school entity. This requirement will not apply if the certified educator has already submitted such information to the DPS in the form the DPS requires for the purposes of fingerprinting under §230.11(b)(2) of this title (relating to General Requirements) or Chapter 153, Subchapter DD, of this title (relating to Criminal History Record Information Review).(b) Notice to certified educator to submit required information.(1) The TEA staff shall notify the certified educator by e-mail, at the address specified by the school entity, that the certified educator must submit fingerprint, photograph, and identification information to the DPS in the form the DPS requires for the purpose of entering the certified educator's national criminal history record information into the Criminal History Clearinghouse.(2) The notice shall specify the date, which shall be at least 80 calendar days from the date the notice is sent via e-mail, that the certified educator's national criminal history record information must be received by the TEA staff as required by this section and by the Texas Education Code (TEC), §22.083.(c) Authorization to submit required information.(1) Each certified educator shall pay the required national criminal history review fee, which shall be in the same amount as the national criminal history check fee for applicants for certification in §230.101of this title (relating to Schedule of Fees for Certification Services). This provision does not prohibit another entity from paying the national criminal history review fee on behalf of the educator.(2) Only fingerprint information that has been properly authorized by the TEA staff shall satisfy the requirements of the TEC, §22.0831, and shall be accepted and entered in the Criminal History Clearinghouse.</content><note type="source"><p>Source Note: The provisions of this §232.35 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 6, 2020, 45 TexReg 5345.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scB/s232.37"><num value="232.37">§232.37</num><heading>Inactive Status</heading><content>(a) If the Texas Education Agency (TEA) staff has not received a certified educator's national criminal history record information as required by this subchapter by the date specified in the notice described in §232.35 of this title (relating to Submission of Required Information), the educator's certificate shall be placed on inactive status.(b) For good cause shown, the date on which a certified educator's certificate becomes inactive may be extended one time for a period not to exceed ten calendar days. Such an extension may only be granted by a person designated for this purpose by the TEA, and the decision to grant or deny a request for extension shall be within the designee's sole discretion.(c) An educator whose certificate is in inactive status is ineligible for employment in a Texas public school in a position that requires educator certification, pursuant to the Texas Education Code, §21.003(a) and §22.0831(d).(d) An educator's certificate shall be removed from inactive status and reactivated when the TEA staff receives a certified educator's national criminal history record information as required by this subchapter.</content><note type="source"><p>Source Note: The provisions of this §232.37 adopted to be effective August 12, 2012, 37 TexReg 5764.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c232/scB/s232.39"><num value="232.39">§232.39</num><heading>State Board for Educator Certification Review of National Criminal History Information</heading><content>A certified educator's national criminal history record information submitted under the provisions of the Texas Education Code, §22.0831, and this subchapter shall be reviewed by the Texas Education Agency staff in accordance with the disciplinary rules and procedures contained in Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases).</content><note type="source"><p>Source Note: The provisions of this §232.39 adopted to be effective August 12, 2012, 37 TexReg 5764.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c233"><num value="233">CHAPTER 233</num><heading>CATEGORIES OF CLASSROOM TEACHING CERTIFICATES</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c233/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.1"><num value="233.1">§233.1</num><heading>General Authority</heading><content>(a) In this chapter, the State Board for Educator Certification establishes separate certificate categories within the certificate class for the classroom teacher established under §230.33 of this title (relating to Classes of Certificates).(b) For purposes of authorizing a person to be employed by a school district under the Texas Education Code, §21.003(a), a certificate category identifies:(1) the content area or the special student population the holder may teach;(2) the grade levels the holder may teach; and(3) the earliest date the certificate may be issued.(c) Unless provided otherwise in this title, the content area and grade level of a certificate category as well as the standards underlying the certification examination for each category are aligned with the Texas Essential Knowledge and Skills curriculum adopted by the State Board of Education.(d) A category includes both a standard certificate and the related emergency or temporary credential. A category may comprise a standard base certificate or a supplemental certificate. A supplemental certificate may be issued only to a person who already holds the appropriate standard base certificate.(e) A person must satisfy all applicable requirements and conditions under this title and other law to be issued a certificate in a category. A person seeking an initial standard certification must pass the appropriate examination(s) as prescribed in §230.21 of this title (relating to Educator Assessment).(f) If the governor declares a state of disaster consistent with the Texas Government Code, §418.014, Texas Education Agency staff may extend deadlines in this chapter for up to 90 days as necessary to accommodate persons in the affected disaster areas.(g) The general assignment descriptions in this chapter, where applicable, are subject to the specific provisions for the assignment of a holder of a certificate in Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments), and in the event of any conflict with this chapter, Chapter 231 of this title shall prevail.</content><note type="source"><p>Source Note: The provisions of this §233.1 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective October 25, 2009, 34 TexReg 7199; amended to be effective October 28, 2010, 35 TexReg 9504; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective December 28, 2014, 39 TexReg 10008; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective October 21, 2018, 43 TexReg 6834; amended to be effective October 15, 2020, 45 TexReg 7259; amended to be effective May 11, 2023, 48 TexReg 2341.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.2"><num value="233.2">§233.2</num><heading>Early Childhood; Core Subjects</heading><content>(a) Early Childhood: Prekindergarten-Grade 3. The Early Childhood: Prekindergarten-Grade 3 certificate may be issued no earlier than January 1, 2020.(b) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. The Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than January 1, 2021.(c) Core Subjects with Science of Teaching Reading: Grades 4-8. The Core Subjects with Science of Teaching Reading certificate: Grades 4-8 may be issued no earlier than January 1, 2021.(d) Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2027.(e) Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2027.(f) Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2028.(g) Core/English as a Second Language Supplemental with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/English as a Second Language Supplemental with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2028.(h) Core with the Science of Teaching Reading: Early Childhood-Grade 6. The Core with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2027.</content><note type="source"><p>Source Note: The provisions of this §233.2 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective July 31, 2006, 31 TexReg 5963; amended to be effective October 17, 2007, 32 TexReg 7262; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943; amended to be effective October 28, 2010, 35 TexReg 9504; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective December 28, 2014, 39 TexReg 10008; amended to be effective October 21, 2018, 43 TexReg 6834; amended to be effective October 15, 2020, 45 TexReg7259;amended to be effective May 11, 2023, 48 TexReg 2341; amended to be effective May 19, 2024, 49 TexReg 3559.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.3"><num value="233.3">§233.3</num><heading>English Language Arts and Reading; Social Studies</heading><content>(a) English Language Arts and Reading with Science of Teaching Reading: Grades 4-8. The English Language Arts and Reading: Grades 4-8 certificate may be issued no earlier than January 1, 2021.(b) Social Studies: Grades 4-8. The Social Studies: Grades 4-8 certificate may be issued no earlier than September 1, 2002.(c) English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8. The English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8 certificate may be issued no earlier than January 1, 2021.(d) English Language Arts and Reading: Grades 7-12. The English Language Arts and Reading: Grades 7-12 certificate may be issued no earlier than September 1, 2013.(e) Social Studies: Grades 7-12. The Social Studies: Grades 7-12 certificate may be issued no earlier than September 1, 2013.(f) History: Grades 7-12. The History: Grades 7-12 certificate may be issued no earlier than September 1, 2013.(g) Journalism: Grades 7-12. The Journalism: Grades 7-12 certificate may be issued no earlier than September 1, 2013.(h) Speech: Grades 7-12. The Speech: Grades 7-12 certificate may be issued no earlier than November 1, 2010.</content><note type="source"><p>Source Note: The provisions of this §233.3 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective October 28, 2010, 35 TexReg 9504; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective May 17, 2015, 40 TexReg 2532; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective October 21, 2018, 43 TexReg 6834; amended to be effective October 15, 2020, 45 TexReg 7259; amended to be effective May 11, 2023, 48 TexReg2341.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.4"><num value="233.4">§233.4</num><heading>Mathematics; Science</heading><content>(a) Mathematics: Grades 4-8. The Mathematics: Grades 4-8 certificate may be issued no earlier than September 1, 2002.(b) Science: Grades 4-8. The Science: Grades 4-8 certificate may be issued no earlier than September 1, 2002.(c) Mathematics/Science: Grades 4-8. The Mathematics/Science: Grades 4-8 certificate may be issued no earlier than September 1, 2002.(d) Mathematics: Grades 7-12. The Mathematics: Grades 7-12 certificate may be issued no earlier than September 1, 2013.(e) Science: Grades 7-12. The Science: Grades 7-12 certificate may be issued no earlier than September 1, 2013.(f) Life Science: Grades 7-12. The Life Science: Grades 7-12 certificate may be issued no earlier than September 1, 2013.(g) Physical Science: Grades 6-12. The Physical Science: Grades 6-12 certificate may be issued no earlier than September 1, 2013.(h) Physics/Mathematics: Grades 7-12. The Physics/Mathematics: Grades 7-12 certificate may be issued no earlier than September 1, 2014.(i) Mathematics/Physical Science/Engineering: Grades 6-12. The Mathematics/Physical Science/Engineering: Grades 6-12 certificate may be issued no earlier than September 1, 2014.(j) Chemistry: Grades 7-12. The Chemistry: Grades 7-12 certificate may be issued no earlier than September 1, 2013.</content><note type="source"><p>Source Note: The provisions of this §233.4 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943; amended to be effective October 28, 2010, 35 TexReg 9504; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective May 17, 2015, 40 TexReg 2532; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.5"><num value="233.5">§233.5</num><heading>Technology Applications and Computer Science</heading><content>(a) Technology Applications: Early Childhood-Grade 12. The Technology Applications: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2002.(b) Computer Science: Grades 8-12. The Computer Science: Grades 8-12 certificate may be issued no earlier than June 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §233.5 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective May 17, 2015, 40 TexReg 2532; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective December 27, 2016, 41 TexReg 10326; amended to be effective October 21, 2018, 43 TexReg 6834; amended to be effective May 11, 2023, 48 TexReg 2341.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.6"><num value="233.6">§233.6</num><heading>Bilingual Education</heading><content>(a) Bilingual Education Supplemental. The Bilingual Education Supplemental certificate may be issued no earlier than September 1, 2009.(b) The State Board for Educator Certification shall determine the target languages for bilingual education certificates based on the student population in the Texas public schools.</content><note type="source"><p>Source Note: The provisions of this §233.6 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective December 28, 2014, 39 TexReg 10008; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.7"><num value="233.7">§233.7</num><heading>English as a Second Language</heading><content>English as a Second Language Supplemental. The English as a Second Language Supplemental certificate may be issued no earlier than September 1, 2003.</content><note type="source"><p>Source Note: The provisions of this §233.7 adopted to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective December 28, 2014, 39 TexReg 10008; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.8"><num value="233.8">§233.8</num><heading>Special Education</heading><content>(a) Bilingual Special Education Supplemental: Early Childhood-Grade 12: The Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2027.(b) Deafblind Supplemental: Early Childhood-Grade 12. The Deafblind: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2025.(c) Special Education: Early Childhood-Grade 12. The Special Education: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2003.(d) Special Education Specialist: Early Childhood-Grade 12. The Special Education Specialist: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2025.(e) Special Education Supplemental. The Special Education Supplemental certificate may be issued no earlier than September 1, 2003.(f) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12. The Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005.(g) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12. The Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005.</content><note type="source"><p>Source Note: The provisions of this §233.8 adopted to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective December 27, 2016, 41 TexReg 10326; amended to be effective October 21, 2018, 43 TexReg 6834; amended to be effective May 11, 2023, 48 TexReg 2341; amended to be effective May 19, 2024, 49 TexReg 3559.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.9"><num value="233.9">§233.9</num><heading>Gifted and Talented</heading><content>Gifted and Talented Supplemental. The Gifted and Talented Supplemental certificate may be issued no earlier than September 1, 2004.</content><note type="source"><p>Source Note: The provisions of this §233.9 adopted to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.10"><num value="233.10">§233.10</num><heading>Fine Arts</heading><content>(a) Music: Early Childhood-Grade 12. The Music: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2004.(b) Art: Early Childhood-Grade 12. The Art: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005.(c) Theatre: Early Childhood-Grade 12. The Theatre: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005.(d) Dance: Grades 6-12. The Dance: Grades 6-12 certificate may be issued no earlier than March 1, 2017.</content><note type="source"><p>Source Note: The provisions of this §233.10 adopted to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective December 27, 2016, 41 TexReg 10326; amended to be effective October 21, 2018, 43 TexReg 6834; amended to be effective May 11, 2023, 48 TexReg 2341.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.11"><num value="233.11">§233.11</num><heading>Health</heading><content>Health: Early Childhood-Grade 12. The Health: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2004.</content><note type="source"><p>Source Note: The provisions of this §233.11 adopted to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.12"><num value="233.12">§233.12</num><heading>Physical Education</heading><content>Physical Education: Early Childhood-Grade 12. The Physical Education: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2004.</content><note type="source"><p>Source Note: The provisions of this §233.12 adopted to be effective August 12, 2012, 37 TexReg 5766; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.13"><num value="233.13">§233.13</num><heading>Career and Technical Education (Certificates not requiring experience and preparation in a skill area)</heading><content>(a) Technology Education: Grades 6-12. The Technology Education: Grades 6-12 certificate may be issued no earlier than September 1, 2004.(b) Family and Consumer Sciences, Composite: Grades 6-12. The Family and Consumer Sciences, Composite: Grades 6-12 certificate may be issued no earlier than September 1, 2004.(c) Human Development and Family Studies: Grades 8-12. The Human Development and Family Studies: Grades 8-12 certificate may be issued no earlier than September 1, 2004.(d) Hospitality, Nutrition, and Food Sciences: Grades 8-12. The Hospitality, Nutrition, and Food Sciences: Grades 8-12 certificate may be issued no earlier than September 1, 2004.(e) Agriculture, Food, and Natural Resources: Grades 6-12. The Agriculture, Food, and Natural Resources: Grades 6-12 certificate may be issued no earlier than September 1, 2014.(f) Business and Finance: Grades 6-12. The Business and Finance: Grades 6-12 certificate may be issued no earlier than September 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §233.13 adopted to be effective August 12, 2012, 37 TexReg 5766; amended to be effective December 28, 2014, 39 TexReg 10008; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.14"><num value="233.14">§233.14</num><heading>Career and Technical Education (Certificates requiring experience and preparation in a skill area)</heading><content>(a) All individuals seeking a career and technical education certificate specified in this section must have the required number of years of qualified work experience and preparation in a skill area approved in accordance with the provisions of subsection (f) of this section prior to issuance of the certificate and assignment in a Texas school.(b) Marketing: Grades 6-12. The Marketing: Grades 6-12 certificate may be issued no earlier than September 1, 2014. A candidate for the Marketing: Grades 6-12 certificate must:(1) hold a bachelor's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board (THECB); and(2) have two years of full-time wage-earning experience in a marketing occupation as specified in subsection (f) of this section.(c) Health Science: Grades 6-12 certificate. The standard Health Science: Grades 6-12 certificate may be issued no earlier than September 1, 2014. A standard Health Science: Grades 6-12 certificate shall be based on experience and academic preparation in the skill area and require the following:(1) an associate or more advanced degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the THECB;(2) current licensure, certification, or registration by a nationally recognized accrediting agency as a health professions practitioner; and(3) approval, by the certification officer of an approved educator preparation program (EPP), of two years of full-time wage-earning experience using the licensure requirement described in paragraph (2) of this subsection.(d) Trade and Industrial Education: Grades 6-12 certificate. The certificate may be issued no earlier than September 1, 2014. A standard Trade and Industrial Education: Grades 6-12 certificate shall be based on academic preparation and experience in the skill areas to be taught and completion of specified pedagogy and professional responsibilities training.(1) The standard Trade and Industrial Education: Grades 6-12 certificate shall require the following academic preparation and wage-earning experience.(A) Option I. An individual must:(i) hold a bachelor's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the THECB; and(ii) have two years of full-time wage-earning experience within the past ten years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an EPP approved to prepare teachers for the Trade and Industrial Education: Grades 6-12 certificate. Up to 18 months of the wage-earning experience can be met through a formal documented internship.(B) Option II. An individual must:(i) hold an associate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the THECB; and(ii) have two years of full-time wage-earning experience within the past ten years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an EPP approved to prepare teachers for the Trade and Industrial Education: Grades 6-12 certificate.(C) Option III. An individual must:(i) hold a high school diploma or the equivalent; and(ii) have five years of full-time wage-earning experience within the past ten years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an EPP approved to prepare teachers for the Trade and Industrial Education: Grades 6-12 certificate.(2) The standard Trade and Industrial Education: Grades 6-12 certificate shall require current licensure, certification, or registration by a nationally recognized accrediting agency based on a recognized test or measurement. If the licensure, certification, or registration is not based on a recognized test or measurement, then passing the appropriate National Occupational Competency Testing Institute (NOCTI) assessment is required. A cosmetology teacher must hold a valid Cosmetology Operator license or Class A Barber Operator license.(3) An individual seeking initial certification as a teacher and completing requirements through an EPP must complete one year of creditable classroom teaching experience, as defined in Chapter 153, Subchapter CC, of Part 2 of this title (relating to Commissioner's Rules on Creditable Years of Service), on an intern or probationary certificate in the specific area of trade and industrial education.(4) The holder of a standard or provisional Trade and Industrial Education: Grades 6-12 certificate or Vocational Trades and Industry certificate may be approved for additional trade and industrial education assignments provided he or she meets the required number of years of wage-earning experience as indicated in this subsection. Work experience must be approved according to the provisions of this subsection. The EPP must submit a statement of qualifications to the Texas Education Agency within 60 calendar days of approval.(e) Trade and Industrial Workforce Training: Grades 6-12 certificate. The certificate may be issued no earlier than September 1, 2018. A standard Trade and Industrial Workforce Training: Grades 6-12 certificate shall be based on academic preparation and experience in the skill areas to be taught and completion of specified pedagogy and professional responsibilities training.(1) The standard Trade and Industrial Workforce Training: Grades 6-12 certificate shall require all of the following academic preparation and wage-earning experience.(A) An individual must have been issued a high school diploma or its equivalent or a postsecondary credential, certificate or degree.(B) An individual must have seven years of full-time wage-earning experience within the preceding 10 years in an approved occupation for which instruction is offered, and have not been the subject of a complaint filed with a licensing entity or other agency that regulates the occupation of the person, other than a complaint that was determined baseless or unfounded by that entity or agency.(C) An individual must hold with respect to that occupation a current license, certificate, or registration, as applicable, issued by a nationally recognized accrediting agency based on a recognized test or measurement.(2) The standard Trade and Industrial Workforce Training: Grades 6-12 certificate shall require current licensure, certification, or registration by a nationally recognized accrediting agency based on a recognized test or measurement.(f) Career and technical education certificates. Approval of career and technical education certificates in this section shall be based on prior experience and preparation in a skill area.(1) Prospective career and technical education teachers shall submit a statement of qualifications detailing prior experience and skill area preparation to the EPP approved to prepare teachers for the career and technical education certificate sought. The certification officer of the EPP shall review the applicant's statement of qualifications to determine whether the applicant meets the appropriate approval criteria specified in this subsection. In the case of an educator who otherwise qualifies for certification by examination in Marketing: Grades 6-12, Health Science: Grades 6-12, or Trade and Industrial Education: Grades 6-12, the review and approval of required work experience may be performed by a certified school administrator.(2) Under this subsection, 12 months of wage-earning experience consisting of at least 40 hours per week shall equal one year of full-time experience. Wage-earning experience consisting of less than 40 hours, but at least 20 hours per week, shall be calculated at a 50% rate in determining years of full-time experience. Wage-earning experience consisting of less than 20 hours per week shall not be considered acceptable in determining full-time experience.(3) Postsecondary and proprietary school teaching experience in the specific occupational area for which the candidate is seeking certification may be counted on a year-for-year basis in lieu of on-the-job experience. Proprietary schools must be accredited or otherwise approved by the Texas Workforce Commission. Recency of experience requirements must be met, as well as current licensure, certification, or registration by a state or nationally recognized accrediting agency.</content><note type="source"><p>Source Note: The provisions of this §233.14 adopted to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943; amended to be effective October 28, 2010, 35 TexReg 9506; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective December 26, 2013, 38 TexReg 9361; amended to be effective May 17, 2015, 40 TexReg 2532; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective December 27, 2016, 41 TexReg 10326; amended to be effective October 21, 2018,43TexReg 6834; amended to be effective May 11, 2023, 48 TexReg 2341.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.15"><num value="233.15">§233.15</num><heading>Languages Other Than English</heading><content>(a) The State Board for Educator Certification (SBEC) shall issue languages other than English (LOTE) certificates in the following areas:(1) American Sign Language: Early Childhood-Grade 12. The American Sign Language: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005.(2) Arabic: Early Childhood-Grade 12. The Arabic: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007.(3) Chinese: Early Childhood-Grade 12. The Chinese: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007.(4) French: Early Childhood-Grade 12. The French: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009.(5) German: Early Childhood-Grade 12. The German: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009.(6) Hindi: Early Childhood-Grade 12. The Hindi: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2010.(7) Italian: Early Childhood-Grade 12. The Italian: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2010.(8) Japanese: Early Childhood-Grade 12. The Japanese: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007.(9) Korean: Early Childhood-Grade 12. The Korean: Early Childhood-Grade 12 certificate may be issued no earlier than June 1, 2016.(10) Latin: Early Childhood-Grade 12. The Latin: Early Childhood-Grade 12 certificate may be issued no earlier than January 1, 2010.(11) Portuguese: Early Childhood-Grade 12. The Portuguese: Early Childhood-Grade 12 certificate may be issued no earlier than June 1, 2016.(12) Russian: Early Childhood-Grade 12. The Russian: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007.(13) Spanish: Early Childhood-Grade 12. The Spanish: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009.(14) Tamil: Early Childhood-Grade 12. The Tamil: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2025.(15) Turkish: Early Childhood-Grade 12. The Turkish: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2010.(16) Vietnamese: Early Childhood-Grade 12. The Vietnamese: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007.(b) An interested party may request an additional LOTE certificate using the petition process described in §250.20 of this title (relating to Petition for Adoption of Rules or Rule Changes) for SBEC consideration. The petitioner must provide:(1) the desired LOTE certificate and confirmation of the number of students likely to receive instruction in the requested language;(2) the number of individuals interested in adding a certification in the new language; and(3) the rationale for the request and anticipated benefit to students.</content><note type="source"><p>Source Note: The provisions of this §233.15 adopted to be effective June 4, 2006, 31 TexReg 4425; amended to be effective October 15, 2007, 32 TexReg 7264; amended to be effective October 25, 2009, 34 TexReg 7199; amended to be effective October 28, 2010, 35 TexReg 9504; amended to be effective August 12, 2012, 37 TexReg 5766; amended to be effective May 15, 2016, 41 TexReg 3308; amended to be effective October 21, 2018, 43 TexReg 6834; amended to be effective May 11, 2023, 48 TexReg 2341.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.16"><num value="233.16">§233.16</num><heading>Driver Education Endorsement</heading><content>The driver education endorsement will be issued upon evidence of completion of requirements specified in §75.1002 of this title (relating to Driver Education Teachers). The driver education endorsement requires the following:(1) completion of an approved driver education endorsement educator preparation program offered under this title;(2) a bachelor's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(3) a valid standard, provisional, or professional Texas classroom teaching certificate.</content><note type="source"><p>Source Note: The provisions of this §233.16 adopted to be effective August 12, 2012, 37 TexReg 5766.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c233/sc/s233.17"><num value="233.17">§233.17</num><heading>Junior Reserve Officer Training Corps</heading><content>Junior Reserve Officer Training Corps: Grades 6-12 certificate. The holder of the Junior Reserve Officer Training Corps: Grades 6-12 certificate is eligible to teach all junior reserve officer training courses in Grades 6-12. A candidate for the standard Junior Reserve Officer Training Corps: Grades 6-12 certificate must:(1) hold a Junior Reserve Officer Training Corps instructor certificate issued by one of the military branches;(2) complete an approved educator preparation program;(3) hold a bachelor's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(4) pass the appropriate certification examination.</content><note type="source"><p>Source Note: The provisions of this §233.17 adopted to be effective May 15, 2016, 41 TexReg 3308; amended to be effective October 21, 2018, 43 TexReg 6834.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c234"><num value="234">CHAPTER 234</num><heading>MILITARY SERVICE MEMBERS, MILITARY SPOUSES, AND MILITARY VETERANS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c234/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p7/c234/sc/s234.1"><num value="234.1">§234.1</num><heading>Purpose</heading><content>(a) The purpose of identifying military service members, military spouses, and military veterans is to establish a process to count applicable military service for timely admission into educator preparation programs, expedite the completion of certification credential reviews, support certification examination and licensure application fee exemptions as applicable, and support certification renewal of members of the military community.(b) Effective September 1, 2023, in support of House Bill 621 and Senate Bill 544 passed by the 88th Texas Legislature, Regular Session, 2023, this chapter has been updated to include military veterans, peace officers, fire protection personnel, emergency medical services personnel, who meet the qualifications outlined in this chapter to be issued a three-year temporary certificate to be placed in a career and technology education assignment, and to include qualified instructors for the Community College of the Air Force to be issued a one-year temporary certificate upon enrollment in a Texas-approved educator preparation program.(c) Effective January 5, 2023, Title 50--War and National Defense, Chapter 50--Servicemembers Civil Relief, Subchapter VII-Further Relief, was amended to add Section 4025a, which states in any case in which a servicemember or the spouse of a servicemember has a covered license and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in the jurisdiction of the licensing authority that issued the covered license, such covered license shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders. The servicemember's or spouse's covered license or certificate must be in good standing with the licensing authority that issued such professional license or certificate and has been actively used during the two years immediately preceding the relocation. Requirements to have a specific number of years of experience in roles other than classroom teacher do not apply to applicants eligible for certification via provisions of the Servicemembers Civil Relief Act.(d) In the event of conflict with any other rule in the Texas Administrative Code, Title 19, Part 7, this chapter shall supersede with regard to the certification of military service members, military spouses, and military veterans.</content><note type="source"><p>Source Note: The provisions of this §234.1 adopted to be effective August 28, 2016, 41 TexReg 6201; amended to be effective March 7, 2024, 49 TexReg 1278; amended to be effective March 11, 2025, 50 TexReg 1819.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c234/sc/s234.3"><num value="234.3">§234.3</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active duty--Current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by the Texas Government Code (TGC), §437.001, or similar military service of another state.(2) Armed forces of the United States--The army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) Emergency medical services personnel--As defined by Health and Safety Code, §773.003.(4) Fire protection personnel--As defined by TGC, §419.021. (5) License--A license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business, occupation, or profession.(6) Military service member--A person who is on active duty.(7) Military spouse--A person who is married to a military service member.(8) Military veteran--A person who has served on active duty and who was discharged or released from active duty.(9) Peace officer--As defined by Texas Code of Criminal Procedure, Article 2.12.(10) Permanent change of station order--United States armed forces active duty member document ordering a permanent change of station.(11) Review of credentials--The licensure process completed by Texas Education Agency (TEA) staff for individuals certified to teach in other states or countries as specified in Chapter 230, Subchapter H, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).(12) State agency--A department, board, bureau, commission, committee, division, office, council, or agency of the state.(13) Texas Education Agency staff--An employee of TEA who performs administrative functions on behalf of the State Board for Educator Certification.</content><note type="source"><p>Source Note: The provisions of this §234.3 adopted to be effective August 28, 2016, 41 TexReg 6201; amended to be effective March 3, 2022, 47 TexReg 926; amended to be effective March 7, 2024, 49 TexReg 1278; amended to be effective March 11, 2025, 50 TexReg 1819.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c234/sc/s234.5"><num value="234.5">§234.5</num><heading>Certification of Military Service Members, Military Spouses, and Military Veterans</heading><content>(a) The application for certification of a military service member, military veteran, or military spouse, including an application based upon certification by a jurisdiction other than Texas that has certification requirements substantially similar to the Texas certification requirements, shall be processed within 30 days of receipt of a complete application.(b) Following completion of the review of credentials, Texas Education Agency (TEA) staff shall notify a military service member, a military spouse, and/or a military veteran of the requirements for obtaining temporary and standard Texas certificates.(c) Effective September 1, 2017, a military spouse shall be issued a three-year temporary certificate upon completion of the review of credentials.(d) Effective December 1, 2019, prior to beginning employment, a military spouse must declare his or her intent to teach in Texas with a license issued by another state department of education, by submitting an application and required documents for a review of credentials to the TEA and completing the criminal background check. TEA staff must provide approval for the military spouse to teach in Texas a maximum of three years with credentials issued by another state.(e) Effective December 1, 2023, a military service member shall be issued a three-year temporary certificate upon completion of the review of credentials, or, prior to beginning employment, a military service member must declare his or her intent to teach in Texas with a license issued by another state department of education, by submitting an application and required documents for a review of credentials to the TEA and completing the criminal background check. TEA staff must provide approval for the military service member to teach in Texas a maximum of three years with credentials issued by another state.(f) A military service member, a military veteran, or a military spouse shall be entitled to credit verified military service, training, clinical and professional experience, or education toward the training, education, work experience, or related requirements (other than certification examinations) for educator certification. TEA staff and educator preparation programs (EPPs) shall use information from the U.S. Department of Veterans Affairs or other reliable sources to assist in crediting applicable military service, training, or education to certification requirements.(g) A military service member pursuing certification in career and technical education must meet requirements for the certificate, but for career and technical education certificate areas requiring experience and licensure, the military service member shall be entitled to substitute military experience in the trade for the required license or professional credential for the specific trade.(h) A military service member, military spouse, and military veteran shall complete educator examination requirements for certificate issuance as outlined in Texas Education Code, Chapter 21, Subchapter B, and rules in the Texas Administrative Code, Title 19, Part 7, or qualify for an exemption from required Texas examinations through provisions in §152.1001 of Part 2 of this title (relating to Exceptions to Examination Requirements for Individuals Certified Outside the State).(i) A military service member and a military veteran are exempt from certification application fees that are paid to the state that lead to initial certification. These members of the military community are exempt from paying the portion of the examination registration fee that is paid to the TEA.(j) A military service member and a military veteran are exempt from certification application fees that are paid to the state that lead to initial certification resulting from a review of credentials, one-year certificate, or out-of-state standard certificate. These members of the military community are exempt from paying the portion of the examination registration fee that is paid to the TEA.(k) A military spouse is exempt from certification application fees that are paid to the state that lead to initial certification resulting from a review of credentials, three-year temporary certificate, or out-of-state standard certificate. This member of the military community is exempt from paying the portion of the examination registration fee that is paid to the TEA.(l) As applicable to meet residency requirements and establish acceptable identification for military-related fee exemption and other provisions, a military service member, military spouse, or military veteran can submit a copy of the permanent change of station order for the military service member, military spouse, or military veteran.</content><note type="source"><p>Source Note: The provisions of this §234.5 adopted to be effective August 28, 2016, 41 TexReg 6201; amended to be effective December 21, 2017, 42 TexReg 7142; amended to be effective December22, 2019, 44 TexReg 7694; amended to be effective March 3, 2022, 47 TexReg 926; amended to be effective March 7, 2024, 49 TexReg 1278; amended to be effective March 11, 2025, 50 TexReg 1819.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c234/sc/s234.6"><num value="234.6">§234.6</num><heading>Review of Credentials and Issuance of Licensure to Military Service Members, Military Spouses, and Military Veterans</heading><content>(a) To complete a review of credentials leading to issuance of licensure in Texas, each military service member, military veteran, or military spouse must submit an application for review of credentials, copies of standard certificates issued in the other state(s), and official transcripts showing degree(s) conferred and date(s).(b) Upon completion of the review, the Texas Education Agency (TEA) will notify each military service member, military veteran, or military spouse, as specified in paragraphs (1)-(3) of this subsection, to provide results of the licensure review and information on next steps in the licensure process as follows.(1) A military service member will receive written results of the credentials review and be issued the Texas standard certificate that aligns with certificate areas issued in other states following confirmation of exemption from or successful completion of required examinations and completion of a criminal background check.(2) A military spouse will receive written results of the credentials review and have the following three options to teach in Texas with:(A) the license issued by another state department of education, confirmed by TEA to be in good standing;(B) the Texas temporary three-year certificate already available under provisions in §234.5(d) of this title (relating to Certification of Military Service Members, Military Spouses, and Military Veterans); and(C) the Texas standard certificate eligible for issuance immediately following a successful review of credentials by TEA, confirmation of exemption from or successful completion of required examinations, and completion of a criminal background check.(3) A military veteran will receive written results of the credentials review and be issued the Texas standard certificate that aligns with certificate areas issued in other states following confirmation of exemption from or successful completion of required examinations and completion of a criminal background check.(c) A change in the marital status of a military spouse does not impact the provisions specified in subsection (b)(2)(A) and (B) of this section.</content><note type="source"><p>Source Note: The provisions of this §234.6 adopted to be effective December 22, 2019, 44 TexReg 7694; amended to be effective March 7, 2024, 49 TexReg 1278.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c234/sc/s234.7"><num value="234.7">§234.7</num><heading>Renewal and Continuing Education Requirements for Military Service Members, Military Spouses, and Military Veterans</heading><content>(a) Military service members, military spouses, and military veterans who hold a standard certificate(s) are responsible for certificate renewal and continuing professional education requirements pursuant to Chapter 232 of this title (relating to General Certification Provisions), except where specified in this chapter.(b) A military service member shall be exempted from any fee or penalty for failing to timely renew his or her Texas educator certificate if the delay occurred because the educator was serving as a military service member.(c) A military service member is entitled to two years of additional time to complete all continuing education requirements and any other requirements relating to the renewal of his or her Texas educator certificate.</content><note type="source"><p>Source Note: The provisions of this §234.7 adopted to be effective August 28, 2016, 41 TexReg 6201; amended to be effective December 21, 2017, 42 TexReg 7142; amended to be effective December22, 2019, 44 TexReg 7694; amended to be effective March 11, 2025,50 TexReg 1819.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c234/sc/s234.9"><num value="234.9">§234.9</num><heading>Certification of Military Veterans, Peace Officers, Fire Protection Personnel, and Emergency Medical Services Personnel</heading><content>(a) Effective September 1, 2023, military veterans, peace officers, fire protection personnel, and emergency medical services personnel as defined in §234.3 of this title (relating to Definitions) shall be issued a one-time, nonrenewable, three-year temporary certificate for career and technology education if they meet the following:(1) has served in the armed forces of the United States and was honorably discharged, retired, or released from active duty; or(2) has served as a first responder and, while in good standing not because of pending or final disciplinary actions or a documented performance problem, retired, resigned, or separated from employment as a first responder; and(A) has an associate degree from an accredited institution of higher education and 48 months of active duty military service or service as a first responder; or(B) a bachelor's degree, which includes 60 semester credit hours completed at a public or private institution of higher education with a minimum grade point average of at least 2.50 on a four-point scale and military service or service as a first responder.(b) A school district shall assign a mentor teacher to a classroom teacher who has been issued a temporary certificate to teach career and technology education under Texas Education Code (TEC), §21.0444, for at least two school years. A teacher assigned as a mentor must:(1) to the extent practicable, teach in the same school;(2) to the extent practicable, teach the same subject or grade level, as applicable; and(3) meet the qualifications prescribed by commissioner of education rules adopted under TEC, §21.458(b), or §153.1011 of Part 2 of this title (relating to Mentor Program Allotment).(c) An individual who meets the qualifications specified in subsection (a) of this section and who is interested in obtaining the three-year, nonrenewable temporary certificate, may submit the following items to the Texas Education Agency staff:(1) a completed application;(2) verification of military veteran status or licensure as a peace officer, fire protection services personnel, or emergency medical services personnel; and(3) an official transcript showing degree conferred and conferral date, or successful completion of college coursework.(d) A military veteran, peace officer, fire protection personnel, and emergency services personnel must enroll in a Texas-approved educator preparation program to complete requirements for issuance of the standard certificate.</content><note type="source"><p>Source Note: The provisions of this §234.9 adopted to be effective March 7, 2024, 49 TexReg 1278.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c234/sc/s234.11"><num value="234.11">§234.11</num><heading>Certification of Full-Time Instructors for the Community College of the Air Force</heading><content>(a) Effective September 1, 2023, a one-year, temporary certificate may be issued to an individual who served as a full-time instructor for the Community College of the Airforce if he or she meets the following:(1) holds a bachelor's degree as defined in §227.10 of this title (relating to Admission Criteria);(2) has at least two semesters' experience as a full-time instructor for the Community College of the Air Force; and(3) is currently enrolled in a Texas-approved educator preparation program.(b) An individual who meets the qualifications specified in subsection (a) of this section and is interested in obtaining the one-year temporary certificate, may submit the following items to the Texas Education Agency (TEA) staff:(1) a completed application;(2) a copy of credentials to serve as an instructor for the Community College of the Air Force;(3) an official transcript showing degree conferred and conferral date; and(4) verification of at least two semesters' experience as a full-time instructor for the Community College of the Air Force.(c) A qualified instructor for the Community College of the Air Force must take and pass all required examinations identified by TEA staff during the review of credentials and must complete any additional requirements specified for issuance of the standard certificate.</content><note type="source"><p>Source Note: The provisions of this §234.11 adopted to be effective March 7, 2024, 49 TexReg 1278.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c235"><num value="235">CHAPTER 235</num><heading>CLASSROOM TEACHER CERTIFICATION STANDARDS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c235/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p7/c235/scA/s235.1"><num value="235.1">§235.1</num><heading>General Requirements</heading><content>(a) The knowledge and skills identified in this section must be used by an educator preparation program in the development of the curricula and coursework as prescribed in §228.57 of this title (relating to Educator Preparation Curriculum) and serve as the basis for developing the examinations as prescribed in §230.35 of this title (relating to Development, Approval, Implementation, and Evaluation of Teacher Certification Standards).(b) Unless provided otherwise in this title, the content area and grade level of a certificate category as well as the standards underlying the certification examination for each shall include the following:(1) the relevant Texas Essential Knowledge and Skills (TEKS) curriculum adopted by the State Board of Education, as prescribed in §74.1 of Part 2 of this title (relating to Essential Knowledge and Skills);(2) the English Language Proficiency Standards (ELPS) adopted by the State Board of Education, as prescribed in Chapter 120, Subchapter B, of Part 2 of this title (relating to English Language Proficiency Standards);(3) the relevant knowledge and application of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills; and(4) the relevant Pedagogy and Professional Responsibilities Standards, specifically including how to effectively address the needs of all student populations.(c) A person must satisfy all applicable requirements and conditions under this title and other law to be issued a certificate in a category. A person seeking an initial standard certification must pass the appropriate examination(s) as prescribed in §230.21 of this title (relating to Educator Assessment).</content><note type="source"><p>Source Note: The provisions of this §235.1 adopted to be effective March 8, 2018, 43 TexReg 1267; amended to be effective March 6, 2019, 44 TexReg 1125; amended to be effective May 18, 2025, 50 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c235/scA/s235.2"><num value="235.2">§235.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic language--The oral, written, auditory, and visual language specific to a discipline. It includes vocabulary, grammar, punctuation, syntax, discipline-specific terminology, and rhetorical conventions that allow students to acquire knowledge and academic skills.(2) Accelerated instruction/Acceleration--Includes aligned research-driven strategies and supports within a multi-tiered instructional model that helps students make more than one year of growth in one year of time.(3) Complex text--Texts that provide students opportunities to work with new language, knowledge, and ways of thinking. Text complexity is evaluated along quantitative dimensions such as word and sentence length, qualitative dimensions such as text structure, levels of meaning, and language conventions, and considerations, including the reader's background, motivation, and knowledge of the topic.(4) Deliberate practice--Practice that is systematic, requires sustained attention, and is conducted with the specific goal of improving performance on targeted skills.(5) Encoding--The process by which information is initially coded to be stored and retrieved. Encoding requires attention to key concepts and knowledge structures and is aided by reducing extraneous cognitive load or information in the learning environment.(6) Engagement--A state in which students are cognitively and behaviorally connected to and involved in their learning experience, characterized by participation, curiosity, and perseverance.(7) Evidence-based--A concept or strategy that has been evaluated as a whole and found to have positive effects when implemented with programmatic fidelity.(8) Explanatory feedback--Feedback that provides the learner with an explanation of strengths and weaknesses related to the learning activity or assignment.(9) Explicit instruction--Instruction in which the teacher's actions are clear, unambiguous, direct, and visible. Explicit instruction makes it clear what the students are to do and learn.(10) Fixed personality traits--The misconception that personality traits become fixed at certain stages of an individual's development and do not change over time.(11) Formative assessment--A deliberate low or no-stakes process used by teachers during instruction to elicit and use evidence of student learning to provide actionable feedback and improve students' attainment of learning targets.(12) Hemispheric dominance--The misconception that each brain hemisphere is specialized to process information differently and that the dominant hemisphere determines a person's personality and way of thinking.(13) High-quality instructional materials--Instructional materials, approved by the State Board of Education, that ensure full coverage of Texas Essential Knowledge and Skills; are aligned to evidence-based best practices in the relevant content areas; support all learners, including students with disabilities, emergent bilingual students, and students identified as gifted and talented; enable frequent progress monitoring through embedded and aligned assessments; include implementation supports for teachers; and provide teacher and student-facing lesson-level materials.(14) Instructional preparation--Describes the process by which a teacher uses knowledge of students and student learning to prepare instructional delivery to a unique group of students. Instructional preparation may include activities such as lesson plan design, evaluation of instructional materials, and lesson internalization.(15) Interleaving--An instructional technique that arranges practice of topics in such a way that consecutive problems cannot be solved by the same strategy.(16) Just-in-time supports--A learning acceleration strategy that integrates small, timely supports to address gaps in the most critical prerequisite knowledge and skills that students will need to access grade or course level content in upcoming units.(17) Learning styles--The disproven theory that identifies learners by type--visual, auditory, reading and writing, and kinesthetic--and adapts instruction to the individual's learning style.(18) Lesson plan design--Describes the process by which a teacher creates the planned learning experiences and related instructional materials for a topic. Lesson plan design includes activities such as developing or selecting objectives, learning experiences, sequencing, scaffolds, resources, materials, tasks, assessments, and planned instructional practices.(19) Lesson internalization--An aspect of instructional preparation specific to teaching a lesson or unit. It includes activities such as evaluating sequencing, learning goals, and expected outcomes, using assessment data to identify prior knowledge, studying lesson content, rehearsing lesson delivery, identifying possible misconceptions, as well as planning instructional strategies, materials, and pacing.(20) Metacognition--The awareness of how one's mind learns and thinks and the use of that awareness to optimize the efficiency of learning and cognition.(21) Multiple means of engagement--A range of options provided to engage and motivate students in learning.(22) Multiple means of representation--A range of options provided in the ways that information is presented to students.(23) Multiple means of action and expression--A range of options provided in the ways that students express or demonstrate their learning.(24) Open education resource instructional materials--State-developed materials included on the list of approved instructional materials maintained by the State Board of Education under Texas Education Code (TEC), §31.022, where the underlying intellectual property is either owned by the state of Texas or it can be freely used and modified by the state in perpetuity.(25) Patterns of student thinking--Common patterns in the ways in which students think about and develop understanding and skill in relation to particular topics and problems.(26) Productive struggle--Expending effort to understand a challenging situation and determine a course of action when no obvious strategy is stated, and receiving support that encourages persistence without removing the challenge.(27) Recall--Also referred to as "retrieval," the mental process of retrieving information that was previously encoded and stored in long-term memory.(28) Remediation--Strategies that focus on the drilling of isolated skills that bear little resemblance to current curriculum. Activities connect to past standards and aim to master content from past years.(29) Research-based--A concept or strategy with positive findings from studies effective in isolation or combination with other researched strategies or evidence-based programs.(30) Retrieval practice--Also referred to as "testing effect" or "active recall," it is the finding that trying to remember previously learned material, including by responding to questions, tests, assessments, etc., leads to better retention than restudying or being retold the material for an equivalent amount of time.(31) Science of learning--The summarized existing cognitive-science, cognitive psychology, educational psychology, and neuroscience research on how people learn, as it connects to practical implications for teaching.(32) Second language acquisition--The process through which individuals leverage their primary language to learn a new language. A dynamic process of learning and acquiring proficiency in the English language, supported by exposure to comprehensible input, interaction, formal instruction, and access to resources and support in English and primary language.(33) Spaced practice/Distributed practice--Spaced practice sequences learning in a way that students actively retrieve learned information from long-term memory through multiple opportunities over time with intervals in between--starting with shorter intervals initially (e.g., hours or days) and building up to longer intervals (e.g., weeks). (34) State Board of Education-approved instructional materials--Materials included on the list of approved instructional materials maintained by the State Board of Education under Texas Education Code (TEC), §31.022.(35) Summative assessment--Medium-to-high-stakes assessments, administered at the conclusion of an instructional period that are used to evaluate student learning, knowledge, proficiency, or mastery of a learning target.</content><note type="source"><p>Source Note: The provisions of this §235.2 adopted to be effective May 18, 2025, 50 TexReg 2796.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c235/scB"><num value="B">SUBCHAPTER B</num><heading>EARLY CHILDHOOD CERTIFICATE STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p7/c235/scB/s235.11"><num value="235.11">§235.11</num><heading>Content Standards, Early Childhood: Prekindergarten-Grade 3</heading><content>(a) Early Childhood: Prekindergarten-Grade 3 Content Standards. The content standards identified in this section are targeted for classroom teachers of early learners (birth through age eight). The standards address the discipline that deals with the content knowledge required to teach early learners. The standards address content knowledge in Prekindergarten-Grade 5, with an emphasis on Prekindergarten-Grade 3, in order to meet the needs of all learners and address vertical alignment. The standards align with the Texas Prekindergarten Guidelines, Chapter 110 of Part 2 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading), Chapter 111 of Part 2 of this title (relating to Texas Essential Knowledge and Skills for Mathematics), Chapter 112 of Part 2 of this title (relating to Texas Essential Knowledge and Skills for Science), Chapter 113 of Part 2 of this title (relating to Texas Essential Knowledge and Skills for Social Studies), Chapter 115 of Part 2 of this title (relating to Texas Essential Knowledge and Skills for Health Education), Chapter 116 of Part 2 of this title (relating to Texas Essential Knowledge and Skills for Physical Education), Chapter 117 of Part 2 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts), and The National Association for the Education of Young Children Professional Preparation Standards.(b) Child Development. The Early Childhood: Prekindergarten-Grade 3 classroom teachers use their understanding of young children's characteristics and needs, and of multiple interacting influences on children's development and learning, to create environments that are healthy, respectful, supportive, and challenging for each child. Early Childhood: Prekindergarten-Grade 3 classroom teachers must:(1) know and understand young children's characteristics and needs, from birth through age eight;(2) know and understand the multiple influences on early development and learning; and(3) use developmental knowledge to create healthy, respectful, supportive, and challenging learning environments for young children.(c) English Language Arts and Reading. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 English Language Arts and Reading Texas Essential Knowledge and Skills (TEKS), with an emphasis on Kindergarten-Grade 3, and Emergent Early Literacy Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.(d) Mathematics. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Mathematics TEKS, with an emphasis on Kindergarten-Grade 3, and Mathematics Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.(e) Science. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Science TEKS, with an emphasis on Kindergarten-Grade 3, and Science Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.(f) Social Studies. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Social Studies TEKS, with an emphasis on Kindergarten-Grade 3, and Social Studies Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.(g) Fine Arts, including Theatre, Art, and Music. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Theatre, Art, and Music TEKS, with an emphasis on Kindergarten-Grade 3, and Fine Arts Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.(h) Health Education. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Health Education TEKS, with an emphasis on Kindergarten-Grade 3, and Physical Development Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.(i) Physical Education. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Physical Education TEKS, with an emphasis on Kindergarten-Grade 3, and Physical Development Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.</content><note type="source"><p>Source Note: The provisions of this §235.11 adopted to be effective May 18, 2025, 50 TexReg 2796.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c235/scC"><num value="C">SUBCHAPTER C</num><heading>CLASSROOM TEACHER PEDAGOGY STANDARDS, EARLY CHILDHOOD-GRADE 12</heading><section identifier="/us/state/tx/tac/t19/p7/c235/scC/s235.21"><num value="235.21">§235.21</num><heading>Classroom Teacher Pedagogy Standards, Early Childhood-Grade 12</heading><content>(a) The standards identified in this section are targeted for classroom teachers in Early Childhood-Grade 12. The standards emphasize the knowledge and skills required for teachers to select, evaluate, internalize, and implement high-quality instructional materials. They assume that practicing teachers are aware of the Open Education Resource Instructional Materials (OER), customize materials as directed by their district, and engage in initial lesson plan design when they are directed by their school district to do so. The standards describe the knowledge and skills required for teachers to prepare, deliver, and assess instruction that results in positive outcomes for all students; describe the knowledge and skills required for teachers to build positive relationships with and among students in a safe and productive learning environment; reflect research and evidenced-based practices that ensure all students are held to rigorous grade-level academic and nonacademic standards; and define a teacher's role as a professional, ethical, and reflective practitioner.(b) Instructional Preparation. Teachers understand how students learn and prepare for instructional delivery by designing lessons, evaluating instructional materials, leveraging their knowledge of students, and engaging in a thorough process for lesson internalization. (1) Teachers apply basic principles of lesson plan design from the learning sciences to prepare for instruction. (A) Teachers understand learning as an active and social process of meaning-making that results in changes in student knowledge and behavior based on connections between past and new experiences. (B) Teachers prepare instruction that uses research and evidence-based teaching strategies for eliciting and sustaining attention and motivation and supporting encoding such as use of multimedia learning principles, reduction of extraneous cognitive load, use of worked examples, interleaving, and deep integration of new experiences with prior knowledge.(C) Teachers prepare instruction that uses research and evidence-based strategies for memory and recall such as interleaving, spacing, retrieval practice, and metacognition.(D) Teachers recognize misconceptions about learning, the brain, and child and adolescent development, including myths such as learning styles, personality traits, and hemispheric dominance, and avoid unsupported instructional practices based on these misunderstandings. (2) Teachers evaluate instructional materials and select or customize the highest quality district-approved option to prepare for instruction.(A) Teachers identify the components of high-quality instructional materials such as a logical scope and sequence, clear learning objectives, grade or course level content, explicit instruction, student engagement, academic language, deliberate practice, and assessment, appropriate to the discipline.(B) Teachers identify the benefits of using high-quality instructional materials. (C) Teachers apply knowledge of the components of high-quality instructional materials to select or customize instructional materials when appropriate.(D) Teachers analyze instructional materials and digital resources to ensure quality, rigor, and access to grade or course level content.(E) Teachers use high-quality materials to plan instruction that connect students' prior understanding and real-world experiences to new content and contexts.(3) Teachers understand initial lesson plan design and, when district-approved materials are not available and when directed by their district, engage in initial lesson plan design using science of learning concepts.(A) Teachers design lessons based on the components of high-quality instructional materials such as a logical scope and sequence, clear learning objectives, application of explicit instruction, and grade or course level content.(B) Teachers design lessons that effectively connect learning objectives with explicit instruction, student engagement, academic language, deliberate practice, and assessment.(C) Teachers design lessons that connect students prior understanding and real-world experiences to new content and contexts.(D) Teachers plan for the use of digital tools and resources to engage students in active deep learning. (4) Teachers ensure lesson sequence and materials meet the needs of all learners and adapt methods when appropriate.(A) Teachers plan for the use of multiple means to engage students, varied ways of representing information, and options for students to demonstrate their learning.(B) Teachers leverage student data to prepare flexible student groups that facilitate learning for all students.(C) Teachers differentiate instruction and align methods and techniques to diverse student needs, including acceleration, just-in-time supports, technology, intervention, linguistic supports, appropriate scaffolding, and implementation of Individualized Education Programs (IEPs). (5) Teachers recognize students' backgrounds (familial, educational, linguistic, and developmental) as assets and apply knowledge of students to engage them in meaningful learning.(A) Teachers plan to present information in a meaningful way that activates or provides prerequisite knowledge to maximize student learning.(B) Teachers collaborate with other professionals, use resources, and plan research and evidence-based instructional strategies to anticipate and respond to the unique needs of students, including disabilities, giftedness, bilingualism and biliteracy. (C) Teachers plan instructional practices and strategies that support language acquisition so that language is comprehensible, and instruction is fully accessible. (D) Teachers apply knowledge of how each category of disability under the Individuals with Disabilities Education Act (IDEA) or Section 504 can affect student learning and development.(6) Teachers engage in a thorough process of lesson internalization to prepare well-organized, sequential instruction that builds on students' prior knowledge.(A) Teachers identify how the intentional sequencing of units, lessons, and learning tasks supports student knowledge and mastery throughout the year.(B) Teachers identify how the learning goals of units and lessons are aligned to state standards. (C) Teachers use assessment data to identify prior knowledge and plan for the learning needs of students.(D) Teachers internalize lesson content by reading the texts, completing learning tasks and assessments, rehearsing lesson delivery, and identifying any personal gaps in understanding.(E) Teachers plan for pacing, use of teacher resources, and transitions between activities. (F) Teachers create or analyze and customize exemplar responses and anticipate potential barriers to learning.(G) Teachers strategically plan instructional strategies, formative assessments, technology, scaffolds, and enrichment to make learning accessible to all students.(c) Instructional Delivery and Assessment. Teachers intentionally apply their knowledge of students and the learning process to implement high-quality instruction and assessment practices that are research and evidence-based and informed by student work.(1) Teachers deliver research and evidence-based instruction to meet the needs of all learners and adapt methods when appropriate.(A) Teachers effectively communicate grade or course level expectations, objectives, and goals to help all students reach high levels of achievement. (B) Teachers apply research and evidence-based teaching strategies for eliciting and sustaining attention and motivation and supporting memory encoding and recall such as interleaving, spacing, metacognition, and distributed practice. (C) Teachers ensure a high degree of student engagement through explicit instruction, student discussion, feedback, and opportunities for deliberate practice.(D) Teachers apply research and evidence-based teaching strategies that connect students' prior understanding and real-world experiences to new content and contexts and invite student perspectives. (E) Teachers implement appropriate scaffolds in response to student needs.(F) Teachers strategically implement tools, technology, and procedures that lead to increased participation from all students, elicit patterns of student thinking, and highlight varied responses. (G) Teachers provide multiple means of engagement to encourage all students to remain persistent in the face of challenges.(H) Teachers collaborate with other educational professionals, when appropriate, to deliver instruction that addresses students' academic and non-academic needs.(2) Teachers scaffold instruction, from initial knowledge and skill development, through automaticity, toward complex, higher-order thinking, providing opportunities for deeper learning.(A) Teachers set high expectations and facilitate rigorous grade or course level learning experiences for all students that encourage them to apply disciplinary and cross-disciplinary knowledge to real-world problems.(B) Teachers apply instructional strategies to deliberately engage all students in critical thinking and problem solving. (C) Teachers validate student responses utilizing them to advance learning for all students.(D) Teachers respond to student errors and misconceptions with prompts or questions that build new understanding on prior knowledge. (E) Teachers use strategic questioning to build and deepen student understanding.(F) Teachers strategically incorporate technology that removes barriers and allows students to interact with the curriculum in more authentic, significant, and effective ways. (3) Teachers consistently check for understanding, give feedback, and make lesson adjustments as necessary.(A) Teachers use a variety of formative assessments during instruction to gauge and respond to student progress and address misconceptions.(B) Teachers implement frequent or low- or no-stakes assessments to promote retrieval of learned information.(C) Teachers continually monitor and assess students' progress to guide instructional outcomes and determine next steps to ensure student mastery of grade or course level content. (D) Teachers build student capacity to self-monitor their progress. (E) Teachers provide frequent, timely, and specific explanatory feedback that emphasizes effort, improvement, and acknowledges students' strengths and areas for growth.(F) Teachers strategically implement instructional strategies, formative assessments, scaffolds, and enrichment to make learning accessible to all students.(G) Teachers set goals for each student in response to previous outcomes from formative and summative assessments.(H) Teachers involve all students in self-assessment, goal setting, and monitoring progress.(4) Teachers implement formative and summative methods of measuring and monitoring student progress through the regular collection, review, and analysis of data.(A) Teachers regularly review and analyze student work, individually and collaboratively, to understand students' thinking, identify strengths and progress toward mastery, and identify gaps in knowledge.(B) Teachers combine results from different measures to develop a holistic picture of students' strengths and learning needs. (C) Teachers apply multiple means of assessing learning, including the use of digital tools, to accommodate according to students' learning needs, linguistic differences, and/or varying levels of background knowledge. (D) Teachers use assessment results to inform and adjust instruction and intervention. (E) Teachers clearly communicate the results of assessments with students, including setting goals, identifying areas of strength, and opportunities for improvement.(d) Content Pedagogy Knowledge and Skills. Teachers show a full understanding of their content and related pedagogy, and the appropriate grade-level Texas Essential Knowledge and Skills (TEKS).(1) Teachers understand the major concepts, key themes, multiple perspectives, assumptions, processes of inquiry, structure, and real-world applications of their grade-level and subject-area content.(A) Teachers demonstrate a thorough understanding of and competence in the use of open education resource instructional materials when available for the grade level and subject area.(B) Teachers have expertise in how their content vertically and horizontally aligns with the grade-level/subject-area continuum, leading to an integrated curriculum across grade levels and content areas. (C) Teachers identify gaps in students' knowledge of subject matter and communicate with their leaders and colleagues to ensure that these gaps are adequately addressed across grade levels and subject areas. (D) Teachers deliberately and regularly share multiple different examples of student representations and resolutions.(E) Teachers stay current with developments, new content, new approaches, and changing methods of instructional delivery within their discipline.(2) Teachers demonstrate content-specific pedagogy that meets the needs of diverse learners, utilizing engaging instructional materials to connect prior content knowledge to new learning.(A) Teachers teach both the key content knowledge and the key skills of the discipline and requisite linguistic skills making the information accessible to all learners by constructing it into usable knowledge. (B) Teachers make appropriate and authentic connections across disciplines, subjects, and students' real-world experiences to build knowledge from year to year.(C) Teachers provide multiple means of representation and engagement to promote literacy and ensure discipline-specific academic language is accessible for all students.(D) Teachers explicitly teach, encourage, and reinforce the use of academic language, including vocabulary, use of symbols, and labeling.(E) Teachers prepare for and apply scaffolds in the lesson to make content accessible to all students, including diverse learners such as emergent bilingual students, students with disabilities, and students working above and below grade level.(F) Teachers engage students in productive struggle by allowing them time to work, asking questions to deepen their thinking, encouraging multiple approaches, praising effort on successful and unsuccessful attempts, and contrasting student attempts and correct solutions.(3) Teachers demonstrate research and evidence-based best practices specific to planning, instruction, and assessment of mathematics.(A) Teachers communicate, using multiple means of representation, the relationship between mathematical concepts and mathematical procedures. (B) Teachers engage students in recursive lesson activities that reinforce automaticity in prerequisite knowledge and skills to mitigate the use of working memory when engaging those knowledge and skills as task complexity increases.(C) Teachers use multiple means of representation to engage students in mathematical tasks that deepen students' understanding of conceptual understanding, procedural fluency, and mathematical reasoning.(D) Teachers prepare and deliver instruction and questioning to deliberately solicit different explanations, representations, solutions, and reasoning from all students.(E) Teachers prepare and deliver explicit instruction and modeling that links grade-level conceptual understanding with mathematical procedures and avoids shortcuts to problem solving.(F) Teachers analyze instructional plans to ensure an appropriate balance between conceptual understanding and procedural fluency.(G) Teachers facilitate discourse through regular opportunities for students to communicate the relationship between mathematical concepts and mathematical procedures.(H) Teachers provide time for students to apply conceptual understanding and procedural fluency collaboratively and independently to problem-solving.(I) Teachers communicate and model the connections between mathematics and other fields that utilize mathematics to problem solve, make decisions, and incorporate real-world applications in instruction.(J) Teachers explicitly teach and model that math abilities are expandable and improvable.(4) Teachers demonstrate research and evidence-based best practices specific to planning, instruction, and assessment of language arts and reading.(A) Teachers analyze instructional materials in preparation for instruction to ensure they provide grade-level appropriate systematic and explicit practice in foundational literacy skills.(B) Teachers analyze instructional materials in preparation for instruction to ensure that foundational literacy skills are reached at each grade or course level. (C) Teachers implement clear and explicit reading instruction aligned to the Science of Teaching Reading (STR) competencies and engage students in deliberate practice to make meaning from text.(D) Teachers identify and analyze grade or course level and complex texts for quality in preparation for instruction.(E) Teachers prepare and deliver explicit reading instruction that uses grade-level and complex texts to build student knowledge.(F) Teachers strategically plan and implement supports such as read-aloud and questioning at varied levels of complexity to support comprehension of high-quality complex texts.(G) Teachers engage students in writing practice, including text-based writing, that builds comprehension and higher-order thinking skills.(H) Teachers engage students in speaking practice that builds comprehension, language acquisition, and higher-order thinking skills.(I) Teachers use high-quality assessments to monitor grade-level appropriate foundational skills development.(J) Teachers implement and analyze a variety of high-quality literacy assessments to monitor grade-level appropriate comprehension and identify gaps.(K) Teachers apply just-in-time supports and intervention on prerequisite skills and continually monitor to determine the need for additional learning support.(e) Learning Environment. Teachers maintain a safe and supportive learning environment that is characterized by respectful interactions with students, consistent routines, high expectations, and the development of students' self-regulation skills.(1) Teachers establish, implement, and communicate consistent routines for effective classroom management, including clear expectations for student behavior and positive interventions, that maintain a productive learning environment for all students.(A) Teachers arrange their classrooms and virtual learning spaces in an organized way that is safe, flexible, and accessible to maximize learning that accommodates all students' learning and physical needs.(B) Teachers implement consistent classroom and behavior management systems to maintain an environment where all students are engaged and can reach academic and nonacademic goals. (C) Teachers model and provide explicit instruction on effective behavior regulation skills to build students' resilience and self-discipline.(D) Teachers maintain a safe and positive culture of student ownership and group accountability that fosters engagement by all students in the classroom expectations, culture, and norms.(2) Teachers lead and maintain classroom environments in which students are motivated and cognitively engaged in learning.(A) Teachers maintain a classroom environment that is based on high expectations and student self-efficacy. (B) Teachers strategically use instructional time, including transitions, to maximize learning. (C) Teachers manage and facilitate strategic and flexible groupings to maximize student learning.(f) Professional Practices and Responsibilities. Teachers are self-aware and consistently hold themselves to a high standard for individual development. They collaborate with other educational professionals, communicate regularly with stakeholders, maintain professional relationships, comply with federal, state, and local laws, and conduct themselves ethically and with integrity.(1) Teachers model ethical and respectful behavior and demonstrate integrity in all settings and situations. (A) Teachers understand and comply with applicable federal, state, and local laws pertaining to the professional behaviors and responsibilities of educators.(B) Teachers adhere to the educators' code of ethics in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators), including following policies and procedures at their specific school placement(s). (C) Teachers demonstrate understanding of their role in strengthening American democracy and are willing to support and defend the constitutions of the United States and Texas.(D) Teachers advocate for and apply knowledge of students' progress and learning plans through the maintenance of thorough and accurate records.(E) Teachers model and promote for students the safe, ethical, and legal practices with digital tools and technology.(2) Teachers actively self-reflect upon their practice and collaborate with other educational professionals to deepen knowledge, demonstrate leadership, and improve their instructional effectiveness.(A) Teachers apply consistent reflective practices, analysis of student work, and video evidence of teaching, to identify and communicate professional learning needs.(B) Teachers seek and apply job-embedded feedback from colleagues, including supervisors, mentors, coaches, and peers. (C) Teachers establish and strive to achieve professional goals to strengthen their instructional effectiveness and better meet students' needs.(D) Teachers engage in relevant professional learning opportunities that align with their growth goals and student learning needs.(E) Teachers seek to lead other adults on campus through professional learning communities, grade- or subject-level team leadership, committee membership, or other opportunities.(F) Teachers collaborate with educational professionals to ensure learning is accessible and enables all students reach their academic and non-academic goals.(3) Teachers communicate consistently, clearly, and respectfully with all community stakeholders, including students, parents and families, colleagues, administrators, and staff.(A) Teachers clearly communicate the mission, vision, and goals of the school to students, colleagues, parents and families, and other community members.(B) Teachers communicate regularly, clearly, and appropriately with families about student progress, providing detailed and constructive feedback in a language that is accessible to families to support students' developmental and learning goals. (C) Teachers build mutual understanding of expectations with students, parents, and families through clear, respectful, and consistent communication methods.(D) Teachers communicate with students and families regularly about the importance of collecting data and monitoring progress of student outcomes, sharing timely and comprehensible feedback so they understand students' goals and progress.</content><note type="source"><p>Source Note: The provisions of this §235.21 adopted to be effective May 18, 2025, 50 TexReg 2796.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c235/scD"><num value="D">SUBCHAPTER D</num><heading>TRADE AND INDUSTRIAL WORKFORCE TRAINING CERTIFICATION STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p7/c235/scD/s235.61"><num value="235.61">§235.61</num><heading>Pedagogy and Professional Responsibilities Standards, Grades 6-12, Trade and Industrial Workforce Training</heading><content>(a) Grades 6-12 Pedagogy and Professional Responsibilities (PPR) Standards. The PPR standards identified in this section are targeted for classroom teachers of students in Grades 6-12 Trade and Industrial Workforce Training courses. The standards address the discipline that deals with the theory and practice of teaching to inform skill-based training and development. The standards inform proper teaching techniques, strategies, teacher actions, teacher judgements, and decisions by taking into consideration theories of learning, understandings of students and their needs, and the backgrounds and interests of individual students. The standards are also aligned with the Commissioner's Teacher Standards in Chapter 149, Subchapter AA, of Part 2 of this title (relating to Commissioner's Rules Concerning Teacher Standards). (b) Instructional Planning and Delivery. Trade and Industrial Workforce Training Grades 6-12 classroom teachers demonstrate understanding of instructional planning and delivery by providing standards-based, data-driven, differentiated instruction that engages students and makes learning relevant for today's learners. Trade and Industrial Workforce Training Grades 6-12 classroom teachers must:(1) develop lessons that build coherently toward objectives based on course content, curriculum scope and sequence, and expected student outcomes;(2) effectively communicate goals, expectations, and objectives to help all students reach high levels of achievement;(3) connect students' prior understanding and real-world experiences to new content and contexts, maximizing learning opportunities;(4) plan instruction that is developmentally appropriate, is standards driven, and motivates students to learn;(5) use and adapt resources, technologies, and standards-aligned instructional materials to promote student success in meeting learning goals;(6) plan student groupings, including pairings and individualized and small-group instruction, to facilitate student learning;(7) ensure that the learning environment features a high degree of student engagement by facilitating discussion and student-centered activities as well as leading direct instruction;(8) monitor and assess students' progress to ensure that their lessons meet students' needs; and(9) provide immediate feedback to students in order to reinforce their learning and ensure that they understand key concepts. (c) Knowledge of Student and Student Learning. Trade and Industrial Workforce Training Grades 6-12 classroom teachers work to ensure high levels of learning and achievement outcomes for all students, taking into consideration each student's educational and developmental backgrounds and focusing on each student's needs. Trade and Industrial Workforce Training Grades 6-12 classroom teachers must:(1) connect learning, content, and expectations to students' prior knowledge, life experiences, and interests in meaningful contexts; and(2) understand how learning occurs and how learners develop, construct meaning, and acquire knowledge and skills.(d) Content Knowledge and Expertise. Trade and Industrial Workforce Training Grades 6-12 classroom teachers exhibit an understanding of content and related pedagogy as demonstrated through the quality of the design and execution of lessons and the ability to match objectives and activities to relevant state standards. Trade and Industrial Workforce Training Grades 6-12 classroom teachers must:(1) organize curriculum to facilitate student understanding of the subject matter; and(2) teach both the key content knowledge and the key skills of the discipline.(e) Learning Environment. Trade and Industrial Workforce Training Grades 6-12 classroom teachers interact with students in respectful ways at all times, maintaining a physically and emotionally safe, supportive learning environment that is characterized by efficient and effective routines, clear expectations for student behavior, and organization that maximizes student learning. Trade and Industrial Workforce Training Grades 6-12 classroom teachers must:(1) maintain and facilitate respectful, supportive, positive, and productive interactions with and among students;(2) arrange the physical environment to maximize student learning and to ensure that all students have access to resources;(3) implement behavior management systems to maintain an environment where all students can learn effectively;(4) maintain a culture that is based on high expectations for student performance and encourages students to be self-motivated, taking responsibility for their own learning;(5) maximize instructional time, including managing transitions; and(6) manage and facilitate groupings in order to maximize student collaboration, participation, and achievement.(f) Data-Driven Practices. Trade and Industrial Workforce Training Grades 6-12 classroom teachers use formal and informal methods to assess student growth aligned to instructional goals and course objectives and regularly review and analyze multiple sources of data to measure student progress and adjust instructional strategies and content delivery as needed. Trade and Industrial Workforce Training Grades 6-12 classroom teachers must:(1) gauge student progress and ensure mastery of content knowledge and skills by providing assessments aligned to instructional objectives and outcomes that are accurate measures of student learning; and(2) analyze and review data in a timely, thorough, accurate, and appropriate manner, both individually and with colleagues, to monitor student learning.(g) Professional Practices and Responsibilities. Trade and Industrial Workforce Training Grades 6-12 classroom teachers consistently hold themselves to a high standard for individual development, collaborate with other educational professionals, communicate regularly with stakeholders, maintain professional relationships, comply with all campus and school district policies, and conduct themselves ethically and with integrity. Trade and Industrial Workforce Training Grades 6-12 classroom teachers must adhere to the educators' code of ethics in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators), including following policies and procedures at their specific school placement(s).(h) Implementation Date. The provisions of this section apply to an applicant who is admitted to an educator preparation program for the Trade and Industrial Workforce Training: Grades 6-12 teacher certificate on or after September 1, 2019.</content><note type="source"><p>Source Note: The provisions of this §235.61 adopted to be effective May 18, 2025, 50 TexReg 2796.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c235/scE"><num value="E">SUBCHAPTER E</num><heading>SCIENCE OF TEACHING READING STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p7/c235/scE/s235.101"><num value="235.101">§235.101</num><heading>Science of Teaching Reading Standards</heading><content>(a) Science of Teaching Reading (STR) Standards. The STR standards identified in this section are targeted for classroom teachers of early learners (birth through age eight). The standards address the discipline that deals with the theory and practice of teaching early reading. The standards inform proper teaching techniques, strategies, teacher actions, teacher judgements, and decisions by taking into consideration theories of learning, understandings of students and their needs, and the backgrounds and interests of individual students. The standards are also aligned with the Texas Prekindergarten Guidelines and Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading). The standards address early reading content knowledge in Prekindergarten-Grade 6, with an emphasis on Prekindergarten-Grade 3, in order to meet the needs of all early learners and address vertical alignment. Candidates in the following categories of classroom teachers will be assessed by the STR standards:(1) Early Childhood: Prekindergarten-Grade 3;(2) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6;(3) Core Subjects with Science of Teaching Reading: Grades 4-8;(4) English Language Arts and Reading with Science of Teaching Reading: Grades 4-8; and(5) English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4-8.(b) Knowledge of Reading Development Components. Classroom teachers identified in subsection (a) of this section demonstrate understanding of Kindergarten-Grade 6 Texas Essential Knowledge and Skills and the Texas Prekindergarten Guidelines pertaining to reading and apply knowledge of developmentally appropriate, research- and evidence-based assessment, and instructional practices to promote students' development of grade level skills within the following components of reading:(1) oral language development;(2) print awareness and alphabet knowledge;(3) phonological and phonemic awareness;(4) phonics (decoding and encoding);(5) reading fluency;(6) vocabulary development;(7) syllabication and morphemic analysis;(8) comprehension of literary text;(9) comprehension of informational text; and(10) beginning strategies and reading comprehension skills.(c) Reading Pedagogy. Classroom teachers identified in subsection (a) of this section demonstrate understanding of the principles of reading instruction and assessment and use a range of instructional strategies and assessment methods to promote students' development of foundational reading skills, including:(1) providing explicit, systematic instruction that is sequential and multimodal (e.g., sequential lessons, gradual release model, structured literacy);(2) implementing both formal and informal methods of measuring student progress in early reading development;(3) implementing, designing, and executing developmentally appropriate, standards-driven instruction that reflect evidence-based best practices; and(4) acquiring, analyzing, and using background information (familial, cultural, educational, linguistic, and developmental characteristics) to engage all students in reading, including students with exceptional needs and English learners.</content><note type="source"><p>Source Note: The provisions of this §235.101 adopted to be effective October 15, 2020, 45 TexReg 7261.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c235/scF"><num value="F">SUBCHAPTER F</num><heading>SUPPLEMENTAL AND SPECIAL EDUCATION CERTIFICATE STANDARDS</heading><section identifier="/us/state/tx/tac/t19/p7/c235/scF/s235.115"><num value="235.115">§235.115</num><heading>English as a Second Language Standards</heading><content>(a) English as a Second Language (ESL) Standards. The standards identified in this section are targeted for classroom teachers of emergent bilingual students. The standards address the discipline associated with the theory and practice of teaching students who have a primary language other than English. The standards inform appropriate teaching techniques, methods, and teacher actions, judgments, and decisions by taking into consideration theories and research of language acquisition, second language learning, understandings of the needs and strengths of emergent bilingual students, and the backgrounds and interests of individual students. (b) Foundations of Language Acquisition. ESL teachers know, understand, and use the major theories and research related to the structure and language acquisition process to help emergent bilingual students develop language and literacy and achieve in the content areas. The ESL teacher must: (1) demonstrate and apply basic linguistic concepts, such as structure, patterns, and conventions of written and spoken English, that relate to instruction for emergent bilingual students as they acquire the English language and literacy to achieve in the content areas; (2) apply a conscious knowledge of language as a system to develop and accommodate instructional materials and to build understanding of the foundations of English needed for content-based instruction fostered through the English Language Proficiency Standards (ELPS) in Chapter 120, Subchapter B, of Part 2 of this title (relating to English Language Proficiency Standards); (3) use knowledge of interrelated aspects of listening, speaking, reading, and writing as they support emergent bilingual students' acquisition of language and content knowledge; (4) understand the ways in which languages are similar and different by identifying linguistic structures that distinguish written and spoken language forms as well as those representing social and academic uses of language; (5) build on similarities between English and the students' primary language (L1) and anticipate common challenges that emergent bilingual students may have with English language concepts; (6) apply knowledge of dialect variety in English and factors affecting language variation, register, and style and language change; (7) understand and apply theories, concepts, and research in language acquisition in L1 and secondary language (L2) to support emergent bilingual students' language, literacy, and content area development; (8) recognize and apply knowledge of the interrelatedness of L1 and L2 acquisition, including similarities and differences between L1 and L2 acquisition and L1 influence on L2; (9) apply understanding of characteristics of various stages of first- and second-language acquisition to select effective and appropriate instructional methods that promote English language development at various stages of language proficiency; (10) apply understanding of cognitive processes involved in internalizing language rules and learning vocabulary in a second language (e.g., generalization, categorization, metacognition); (11) apply understanding of the ELPS Proficiency Level Descriptors (PLDs) and the relationship of the ELPS PLDs to the stages of second language acquisition; and (12) apply understanding of the interconnected development of linguistic, cognitive, and academic processes through the interdependence on affective variables. (c) Linguistically Sustaining Practices. ESL teachers know, understand, and use major concepts, principles, theories, and research related to the nature and role of language development to build knowledge while leveraging the experiences of emergent bilingual students. The ESL teacher must: (1) use knowledge of major theories and research related to the nature and role of language variations and select instructional materials and methods, and deliver techniques that facilitate learning for emergent bilingual students;(2) build on emergent bilingual students' prior knowledge, experiences, and academic background to connect new learning through linguistically sustaining practices; (3) seek to understand and to value the surface and deep aspects of language variations; (4) use knowledge of the stages of language development to create a linguistically sustaining/sustainable environment; (5) apply understanding that academic achievement is positively impacted by valuing the linguistic assets that emergent bilingual students bring into the classroom; and(6) create an effective learning environment that addresses the affective, linguistic, and cognitive needs of emergent bilingual students through second language acquisition methods.(d) Effective Instruction and Assessment Across All Content Areas and Disciplines. ESL teachers know, understand, and use evidence-based practices and strategies related to planning and implementing all content and language instruction. ESL teachers are skilled in instructional methods for developing and integrating language skills. ESL teachers purposefully and appropriately select, integrate, and utilize technology and resources for their emergent bilingual students. The ESL teacher must: (1) use knowledge of the required Texas Essential Knowledge and Skills (TEKS) and the ELPS as the foundational curriculum; (2) design and implement instruction that addresses all language domains (listening, speaking, reading, and writing) through authentic, meaningful practice with content material; (3) know, adjust, and implement research-validated instructional methods for emergent bilingual students that make the content comprehensible while supporting English language development (e.g., sheltered instruction, content-based language instruction (CBLI)); (4) use prior knowledge, experiences, and academic background to building connections with new learning;(5) choose, adapt, and use a wide range of instructional materials, resources, and technologies for emergent bilingual students to support language and content knowledge acquisition while maintaining rigor; (6) integrate and foster critical thinking by providing scaffolds needed for emergent bilingual students to demonstrate their higher-order thinking skills in English; (7) establish safe, positive, supportive, interactive, and rigorous learning environments for emergent bilingual students; (8) create an effective learning environment that addresses the needs of emergent bilingual students through second language acquisition methods;(9) implement effective classroom management methods that support student growth and learning; (10) address the needs of emergent bilingual students at all English language proficiency levels as described in the ELPS PLDs through targeted language instruction within content material; (11) create multiple opportunities for authentic, meaningful use of social and academic language; (12) recognize the background factors that can affect literacy development, such as students with interrupted formal education (SIFE); (13) understand and apply the interrelatedness of language domains (listening, speaking, reading, and writing) for oral language and literacy development; (14) utilize a communicative approach that focuses on meaning and communicative practice over error correction; (15) recognize and apply the transfer of oral language and literacy skills from L1 to L2; (16) recognize the individual factors that require focused, targeted, systematic language instruction in accordance with the ELPS for emergent bilingual students in Grade 3 and higher at beginning and intermediate levels of English language proficiency, including recognizing the specific needs and assets of newcomer emergent bilingual students at various levels of English language proficiency; (17) provide appropriate feedback for emergent bilingual students at all English language proficiency levels; (18) recognize and address the various factors that affect reading comprehension and implement applicable methods of reading instruction; (19) utilize content-based language methods that are linguistically communicated, sequenced, and scaffolded; (20) ensure access to full content curriculum for all emergent bilingual students through the use of comprehensible input techniques and research-validated learning strategies across content areas; (21) recognize the factors that affect cognitive academic language development (e.g., developmental characteristics, student background, academic strengths, and need) in order to effectively plan for instruction; (22) promote receptive and expressive language acquisition by embedding content-related opportunities for emergent bilingual students to interact using social and academic vocabulary; (23) embed language teaching through content instructional materials and academic text features; (24) use ongoing quantitative and qualitative data to demonstrate content and language development, inform planning, and adjust instruction; (25) understand the different purposes of assessment (e.g., pre-assessment, formal, informal) and limitations of each type in order to select, develop, and adapt assessments for specific purposes of language and content; (26) utilize and adapt assessments to allow students flexibility in demonstrating content knowledge through varied outputs; (27) know and use a variety of performance-based assessment tools with appropriate rubrics to inform and guide instruction in the classroom; (28) understand the interdependent relationship between teaching and assessment and develop instructional tasks and assessment tools that promote and measure student growth in language and content; (29) develop classroom assessments using a variety of item types and elicitation and response formats to assess emergent bilingual students' receptive (listening and reading) and expressive (speaking and writing) language skills; and (30) understand and apply the uses and limitations of formal and informal assessments for emergent bilinguals. (e) Language Proficiency Assessment, Program Placement, and Reclassification. ESL teachers demonstrate understanding of how to use language proficiency assessments in their role in the identification, placement, and reclassification of emergent bilingual students. The ESL teacher must: (1) understand mandated policies and statutes related to emergent bilingual students, including Language Proficiency Assessment Committee (LPAC) guidelines for identification and classification as emergent bilingual student in Texas; (2) use state-approved identification assessments for emergent bilingual students in Texas and understand how to interpret the results; (3) understand the value and use of primary language assessments; (4) use knowledge of the connection between the ELPS in Chapter 120, Subchapter B, of Part 2 of this title and the Texas English Language Proficiency Assessment System (TELPAS) to evaluate and monitor the progress of emergent bilingual students in English language proficiency; (5) understand mandated policies and statutes related to programs for emergent bilingual students, including LPAC guidelines for program placement, reclassification, and monitoring in Texas; (6) understand the similarities and differences between state-approved ESL and bilingual program models in Texas; (7) apply the mandated requirements for emergent bilingual students with parental denial, including assessment, monitoring, and usage of the ELPS in all content instruction; (8) understand and apply the similarities and differences of linguistic accommodations for instructional purposes and allowable accommodations for emergent bilingual students on state assessments; (9) apply the appropriate mandated criteria and LPAC procedures for reclassification, monitoring, and exit; and (10) understand the role of the LPAC in coordinating with other special programs (e.g., special education, Section 504, gifted and talented) as applicable. (f) Professional Learning, Partnerships, and Student Support. ESL teachers keep current with new instructional techniques, research, advances in the ESL field, and education policy issues related to emergent bilinguals and demonstrate knowledge of the history of programs and services for emergent bilingual students. ESL teachers work collaboratively with school staff, parents, and the community to improve the learning environment for and provide support to emergent bilingual students and their families. The ESL teacher must: (1) demonstrate knowledge of theory, research, and current practice and methodologies in the field of bilingual and ESL programming to inform teaching and learning; (2) understand the history of programming and services for emergent bilingual students, including key court cases, legal mandates, and policies that impact current bilingual and ESL programs; (3) know and understand policies that impact effective programming related to the education of emergent bilingual students;(4) take advantage of and actively participate in professional growth opportunities specific to the needs of emergent bilingual students; (5) demonstrate reflective practices through the process of setting and revisiting specific goals for professional learning; (6) be accountable to goals for growth in supporting emergent bilingual students through self-reflection, peer evaluation, and coordinated leadership monitoring of implementation; (7) collaborate with general education and content-area colleagues and the school community to support effective instruction and assessment of emergent bilingual students;(8) promote emergent bilingual students' success by playing an active role in the campus LPAC, including coordination of services for emergent bilingual students in other special programs for which they qualify; (9) serve as a resource for emergent bilingual students and their families through partnerships with colleagues and the community by enlisting the support and involvement of community partners and resources that enhance the education of emergent bilingual students; (10) facilitate parent/guardian involvement in students' linguistic, academic, and personal development; and(11) provide effective communication that is accessible, consistent, and targeted to the needs of emergent bilingual students and their parents/families in a variety of educational and social contexts.</content><note type="source"><p>Source Note: The provisions of this §235.115 adopted to be effective July 21, 2019, 44 TexReg 3545; amended to be effective October 19, 2025, 50 TexReg 6665.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c235/scF/s235.117"><num value="235.117">§235.117</num><heading>Bilingual Spanish Standards</heading><content>(a) Spanish and English Bilingual Standards. The standards identified in this section are targeted for classroom teachers of bilingual education programs (Spanish and English). The standards address the discipline associated with the theory and practice of teaching students who are learning two languages simultaneously. The standards inform appropriate teaching techniques, methods, teacher actions, judgments, and decisions by taking into consideration theories and research of language acquisition, second language learning, understanding the needs and strengths of bilingual learners, and the backgrounds and interests of individual students. (b) Language Abilities. The bilingual education teacher possesses the language ability to teach across the curriculum and demonstrate proficiency in Spanish. (1) Listening. In the Spanish language, the bilingual teacher understands oral communication in a variety of listening situations relevant to bilingual education, including professional topics, academic language, and day-to-day communication with students, parents, guardians, colleagues, and community members. (2) Listening. In the Spanish language, the bilingual teacher understands oral communication in extended academic discourse on topics related to the profession. (3) Speaking. In the Spanish language, the bilingual teacher uses appropriate formal and informal registers to communicate with various audiences and within settings relevant to the bilingual school context. (4) Speaking. In the Spanish language, the bilingual teacher uses oral discourse that reflects correct grammatical and syntactical structures and accurate Spanish conventions to communicate information and discuss topics relevant to the bilingual school context. (5) Speaking. In the Spanish language, the bilingual teacher demonstrates the ability to accurately use language in everyday communication. (6) Speaking. In the Spanish language, the bilingual teacher understands and applies academic language related to the Texas Essential Knowledge and Skills (TEKS) during instruction as well as discussion of topics relevant to the school context. (7) Reading. In the Spanish language, the bilingual teacher applies literal, inferential, and interpretive reading skills to authentic materials relevant to the school context. (8) Reading. In the Spanish language, the bilingual teacher understands written materials that include academic vocabulary used to teach the TEKS in a variety of content areas. (9) Writing. In the Spanish language, the bilingual teacher writes effective and coherent interpersonal discourse using accurate standard Spanish conventions, sentence structure, orthography, spelling, vocabulary, grammar, and syntax. (e.g., professional e-mail, parent communication, and other school documents). (10) Writing. In the Spanish language, the bilingual teacher writes extended coherent professional discourse in an appropriate academic register using sentence structure, orthography, spelling, vocabulary, grammar, and syntax (e.g., newsletters, memos, special events). (11) Writing. In the Spanish language, the bilingual teacher writes coherent instructional material using accurate standard Spanish conventions, sentence structure, orthography, spelling, vocabulary, grammar, and syntax (e.g., essays, exit tickets, exemplars). (12) Writing. In the Spanish language, the bilingual teacher effectively models for students how to write to explain, narrate, and describe using accurate standard Spanish conventions, sentence structure, orthography, spelling, vocabulary, grammar, and syntax. (c) Linguistically Sustaining Practices. The bilingual education teacher knows, understands, and uses major concepts, principles, theories, and research related to the nature and role of language development to build knowledge leveraging the experiences of emergent bilingual students. The bilingual teacher: (1) uses knowledge of the nature and role of language variations to select instructional materials and methods and deliver techniques that facilitate learning for emergent bilingual students;(2) builds on emergent bilingual students' prior knowledge, experiences, and academic background to connect new learning through linguistically sustaining practices; (3) seeks to understand and value the surface and deep aspects of language variations; (4) uses knowledge of the stages of language development to create a linguistically sustaining/sustainable environment; (5) applies understanding that academic achievement is positively impacted by valuing the linguistic assets that emergent bilingual students bring into the classroom; and(6) creates an effective learning environment that addresses the affective, linguistic, and cognitive needs of emergent bilingual students through second language acquisition methods.(d) Instructional Practice. The bilingual education teacher understands and applies research-based components and processes of language acquisition and biliteracy development. The bilingual teacher: (1) has a comprehensive knowledge of content-area instruction in both languages; (2) knows and understands state educator certification standards in all content areas related to the certificate level; (3) knows and understands the statewide curriculum in all content areas as specified in the TEKS; (4) understands the alignment of and difference between the Spanish language arts and reading (SLAR) and English language arts and reading (ELAR) to internalize lesson plans that build biliteracy and facilitate language transfer and develop bilingualism in both languages; (5) knows and understands how to integrate language development and content-area instruction to meet the cognitive, linguistic, and affective needs of students in accordance with Chapter 89, Subchapter BB, of Part 2 of this title (relating to Commissioner's Rules Concerning State Plan for Educating Emergent Bilingual Students); (6) uses authentic children's literature and materials to promote biliteracy and content knowledge; (7) understands and applies methodologies and strategies for teaching English as a second language (ESL) via an English language development block as well as through content areas (e.g., Total Physical Response (TPR), Content Based Language Instruction Methods pre-teaching vocabulary, and scaffolding strategies to make new information comprehensible); (8) understands and applies research-based differentiation strategies to make content-area instruction comprehensible in order to meet the academic and linguistic needs of bilingual learners; (9) identifies, selects, or designs appropriate and authentic materials, resources, and technology to facilitate learning in a bilingual classroom; (10) uses prior knowledge, experiences, and academic background to build connections with new learning;(11) understands and applies major language components in both languages (e.g., phonics, phonology, morphology, syntactic features, semantics, and pragmatics) and methodologies and strategies for integrating language and content instruction (Spanish and English) using sheltered instruction techniques in Spanish and English;(12) applies research and evidence-based instructional strategies related to biliteracy, bi-directional transfer, use of cognates, contrastive analysis, and translanguaging; (13) understands and applies differentiated methodologies and strategies for instructing a wide variety of learners (e.g., heritage language learners, simultaneous bilinguals, recent arrivals, long-term emergent bilingual students, and Spanish learners in a two-way program) within different school-based configurations and program models;(14) establishes safe, positive, supportive, interactive, and effective learning environment that addresses the needs of all bilingual students; and(15) promotes critical-thinking, problem-solving, and collaborative learning strategies to enhance bilingualism, biliteracy, and content knowledge. (e) Development and Assessment of Biliteracy. The bilingual education teacher demonstrates a comprehensive knowledge of the development and assessment of literacy in the bilingual learners' primary/partner language and English and can design and deliver meaningful biliteracy experiences. The bilingual teacher: (1) understands the components of biliteracy and strategically plans for language transfer and implements the ELAR TEKS, SLAR TEKS, and the English Language Proficiency Standards (ELPS) to develop literacy in both languages; (2) utilizes assessments (formative and summative) in strategic ways and analyzes the data to guide instruction; (3) uses informal and formal assessments to measure learners' bilingualism and proficiency level to guide instruction; (4) uses knowledge of the connection between the ELPS in Chapter 120, Subchapter B, of Part 2 of this title and the Texas English Language Proficiency Assessment System (TELPAS) to evaluate and monitor the progress of bilingual learners identified as emergent bilingual students in their English language proficiency when planning and delivering data-driven instruction; (5) assesses and monitors learners' Spanish proficiency level in listening, speaking, reading, and writing when planning and delivering data-driven instruction; (6) understands that assessment is recursive and the need to use multiple data points to assess and monitor biliteracy development across language domains when planning and delivering instruction and when providing opportunities to develop biliteracy skills; (7) understands and applies authentic methods for biliteracy instruction that reflect the unique characteristics of English and Spanish; (8) creates authentic and purposeful, measurable learning activities and experiences in all content areas that promote bilingual learners' development of concepts and skills in both languages and recognizes the students' biliteracy trajectory; and (9) identifies and/or develops assessments that are linguistically appropriate and authentic. (f) Foundations of Bilingual Education. The bilingual education teacher demonstrates an understanding of the historical context of bilingual education in the United States and around the world; bilingual education program models approved in Texas in accordance with Chapter 89, Subchapter BB, of this title; the unique needs of bilingual learners; and laws pertaining to emergent bilingual students in bilingual education programs. The bilingual teacher: (1) shares their knowledge of second language acquisition with general education, ESL education, and content-area colleagues and the school; (2) knows and understands policies that impact effective program implementation;(3) knows and understands the historical background, effects of demographic changes, pertinent legislation, and significant court cases; (4) demonstrates awareness of regional language differences and the concept of bilingualism throughout the world; (5) understands the models of bilingual education approved in Texas in accordance with Chapter 89, Subchapter BB, of this title, including the program model characteristics and goals; curriculum, assessment, and accountability; research findings on the effectiveness of the program models; and the critical components that contribute to effective program model implementation (e.g., systems approach, program model design, instructional methods, and family and community engagement); (6) makes appropriate instructional decisions based on program model design, best practices according to research on language acquisition and bilingual learners, knowledge of classroom characteristics, and an understanding of linguistically appropriate materials and methodologies; (7) understands mandated policies and statutes related to emergent bilingual students, including the roles, responsibilities, and processes for the Language Proficiency Assessment Committee (LPAC) in the identification, serving, and reclassification as emergent bilingual student in Texas; (8) understands mandated policies and statutes related to programs for emergent bilingual student, including LPAC guidelines for program placement, reclassification, and monitoring in Texas; (9) applies the appropriate mandated criteria and LPAC procedures for identification, recommendation of program services, reclassification, monitoring, and exit; and (10) understands the role of the LPAC in coordinating with other special programs (e.g., special education, Section 504, gifted and talented) as applicable.</content><note type="source"><p>Source Note: The provisions of this §235.117 adopted to be effective October 15, 2020, 45 TexReg 7261; amended to be effective October 19, 2025, 50 TexReg 6665.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c235/scF/s235.131"><num value="235.131">§235.131</num><heading>Special Education Standards: Early Childhood-Grade 12</heading><content>(a) Special Education Standards. The standards identified in this section are targeted for teachers of students who receive special education services. The standards address the discipline associated with the theory and practice of teaching students who receive special education services. The standards inform appropriate teaching techniques, methods, and teacher actions, judgments, and decisions by taking into consideration philosophical, historical, and legal foundations of special education, characteristics of students who receive special education services, understandings of the needs and strengths of students who receive special education services, and the backgrounds and interests of individual students. (b) Legal and Ethical Guidelines. The Early Childhood-Grade 12 special education teacher demonstrates knowledge of all applicable laws specific to students with disabilities. The Early Childhood-Grade 12 special education teacher must: (1) demonstrate knowledge of legislation that has affected knowledge and practice of the education of individuals with disabilities; (2) demonstrate knowledge of the Individuals with Disabilities Education Act (IDEA) 2004 eligibility categories; (3) demonstrate knowledge of all required components of an Individualized Education Program (IEP) as outlined in law; (4) demonstrate knowledge of all sections of the special education eligibility folder and where to store required documentation; (5) demonstrate knowledge of the legal responsibility of all school staff to fully implement an IEP; (6) demonstrate knowledge of the legal responsibility of all teachers and school staff to protect the confidentiality and dignity of students with disabilities; (7) demonstrate knowledge of the special education teacher's roles and responsibilities regarding Child Find; (8) demonstrate knowledge of the special education teacher's roles and responsibilities in creating and implementing the IEP with fidelity, including monitoring student IEP goal progress, implementing data collection of IEP goal progress, and reporting progress to the student and parents/guardians throughout the IEP year; (9) use a variety of assessment data to write annual measurable goals and present levels of academic achievement and functional performance, identify appropriate accommodations (academic, behavior, state, and district testing) and modifications based on individual student needs, and contribute to drafting the IEP; (10) maintain student eligibility folders and store ongoing documentation according to local educational agency (LEA) requirements and keep records to document receipt of the IEP by all required school staff; (11) audit student class schedules to ensure compliance with least restrictive environment and schedule of services in the IEP; (12) demonstrate knowledge of the role and responsibilities of the special education teacher in preparing for an Admission, Review, Dismissal (ARD) committee meeting, including collecting required data, interpreting the results of progress monitoring and classroom assessment data, and visually representing and interpreting data to show student progress; (13) demonstrate knowledge of the roles and responsibilities of the required members of an ARD committee; (14) demonstrate knowledge of the required components of a typical ARD committee meeting agenda; (15) interpret the results of a variety of assessment data (i.e., classroom, state, and district transition assessment) in plain language to explain present levels of student academic achievement and functional performance, student progress on annual IEP goals, and mastery of grade level Texas Essential Knowledge and Skills (TEKS) to the ARD committee members; (16) prepare and support students in leading ARD committee discussion regarding progress on IEP goals, mastery of grade level TEKS, appropriate accommodations (academic, behavior, state, and district assessment), transition needs and goals, and other supplements as needed; (17) apply knowledge of individuals served through special education as well as special education laws and policies to encourage families' full participation in the education of their students; (18) demonstrate understanding that students served through special education may also have other special populations identifiers (i.e., gifted and talented, Emergent Bilingual identification, classification as highly mobile or at risk); (19) support students in their development of self-reliance and self-advocacy; (20) support high academic and behavioral expectations for students with disabilities; and(21) demonstrate understanding that individuals with high support needs deserve to be challenged with high expectations and provided with meaningful opportunities to develop the highest possible learning outcomes.(c) Understanding and Addressing Each Individual's Developmental and Learning Needs. The Early Childhood-Grade 12 special education teacher must: (1) demonstrate knowledge about relevant physical and emotional development from birth through early adulthood;(2) demonstrate knowledge of how stress, protective factors, resilience, and supportive relationships may impact learning, behavior, and development in students with disabilities; (3) demonstrate knowledge of how disabilities can interact with development and learning; (4) demonstrate knowledge of the multiple biological, physical, psychological, and social influences that affect learning and development when working with individuals with high support needs; (5) demonstrate knowledge of strategies to support students' development and independence given relevant grade level expectations for students from birth through early adulthood; (6) apply a variety of evidence-based, age-appropriate classroom routines and procedures that support individual developmental and learning needs; (7) demonstrate knowledge of a variety of assistive technologies to support individual developmental and learning needs; (8) demonstrate knowledge of how developmental academic, social, and functional characteristics of individuals with high support needs impact levels of support needs; (9) apply knowledge of evidence-based practices to identify and intervene when students are not making progress in functional, academic, or behavioral goals; and (10) demonstrate the knowledge and ability to adapt instruction when students with high support needs do not meet milestones. (d) Subject Matter Content and Specialized Curricular Knowledge. The Early Childhood-Grade 12 special education teacher must: (1) understand how to identify a learner's preferred mode of communication; (2) demonstrate a content-specific knowledge at a level necessary for students with disabilities to progress in their individualized programs toward completion of appropriate graduation requirements; (3) apply content-specific knowledge to routinely collaborate, co-teach, modify, and adapt curriculum with general education teachers; (4) demonstrate knowledge of how to integrate appropriate instructional and assistive technology for students; (5) apply knowledge of individual learner characteristics and specialized curricula knowledge to accommodate, modify, and/or adapt the curricula across contexts; (6) demonstrate knowledge of specialized curricula that may include curriculum for social skills, life skills, transition, orientation and mobility, independence, and self-advocacy; (7) demonstrate knowledge of families and community when involving paraprofessionals, general educators, specialists, resources, and supports to create and incorporate strategies for making content and instruction accessible and challenging for students at all levels of support needs; (8) demonstrate knowledge of how to provide modified access to subject-specific instructional materials to address individual learner needs in different contexts such as center-based, home-based, and school-based classrooms, including specialized and general classrooms; and (9) recognize barriers to accessibility and acceptance of individuals with high support needs and plan for ways to address those barriers through the implementation of specialized curricula. (e) Assessment for Data-based Decision Making. The Early Childhood-Grade 12 special education teacher must: (1) demonstrate knowledge of different forms, purposes, and applications of assessment to inform development of the IEP and plan instruction; (2) assess students' learning, behavior, and the classroom environment in order to evaluate and support classroom and school-based problem-solving systems of intervention and instruction; (3) use data from variety of formative and summative assessments to identify learning goals and plan and adapt instruction; (4) demonstrate knowledge of how to implement, collect data from, and keep records of ongoing formative assessment; (5) use the results of multiple assessments to determine if a student is making adequate progress toward measurable outcomes; (6) use assessment results to design, adjust, plan, and inform instruction or intervention; (7) accurately interpret the results of various forms of assessments, including state assessments and district benchmark assessments; (8) accurately analyze, interpret, and discuss the results of a variety of evaluation data for an individual student; (9) interpret a variety of evaluation data, including measures of student functioning and educational, physical, and medical needs; (10) identify, recommend, and implement appropriate accommodations and/or modifications for classroom, behavior, state, and district testing or other assessments as determined by the ARD committee; (11) provide feedback to stakeholders regarding student performance on assessments and interpret assessment results in plain language for parents and students; (12) administer, interpret, and gather baseline data from screening instruments and diagnostic reading, mathematics, and behavior assessments; (13) support students to understand and use their assessment data to self-monitor and self-regulate; and (14) collaborate with professionals with additional expertise as needed (e.g., English as a second language specialists, bilingual specialists, translators, speech and language pathologists, behavior specialists) to ensure an appropriate and valid assessment process. (f) Supporting Learning Using Effective Instruction. The Early Childhood-Grade 12 special education teacher must: (1) demonstrate knowledge of how to plan instruction according to the requirements of an IEP, including supplements, assistive technology, and related services; (2) demonstrate knowledge of the key differences between IEP accommodations and modified curriculum; (3) design instruction to meet the needs of students based on information from various types of formative and summative assessments; (4) plan for strategic integration of assistive technology into daily teaching practices based on student developmental and learning needs; (5) use knowledge of the learning processes to select, adapt, and apply instructional strategies that meet the needs of individual students and support transition goals; (6) use explicit, scaffolded, and systematic instruction to teach content, strategies, and skills; (7) design individualized instruction that adapts instructional intensity and/or intervention to build on students' strengths and accommodate students' needs; (8) provide specific, developmentally appropriate, and explicit feedback to students during instruction to engage, motivate, and support students toward mastery; (9) plan and integrate transition-focused activities into classroom instruction; (10) create opportunities for students to demonstrate their knowledge and skills using different modalities and allow every individual to advance as he or she demonstrates understanding; (11) apply knowledge of developmentally appropriate instructional strategies to engage, motivate, and promote learning specific to the needs of students with disabilities; (12) apply knowledge of the learning processes to select and use a variety of grouping strategies (e.g., whole group, small group, individual) to meet the learning needs of each student; (13) promote the generalization of concepts and skills across content areas and educational settings; (14) design visual supports to promote student mastery of curriculum, executive functioning, and classroom procedures; (15) adapt instruction and make regular changes based on data from assessments; (16) plan, adapt, and deliver learning experiences for individuals with high support needs that reflects an understanding of the continuum of instructional settings and an understanding of how to engage individuals with high support needs in meaningful learning activities across instructional settings; (17) incorporate strategies for making content and instruction accessible and challenging for individuals with all support needs; (18) apply knowledge of students, content, and pedagogy to develop, implement, evaluate, and revise instruction and interventions as needed; (19) demonstrate a thorough knowledge of the learning processes of students from early childhood to early adulthood;(20) use strategies to promote active student engagement; (21) design appropriate learning and performance accommodations and modifications for students with exceptional learning needs in academic subject matter content of the general curriculum; and(22) apply content-specific knowledge to modify and differentiate instruction as well as provide access to instructional materials for a wide range of student performance levels. (g) Supporting Students' Non-academic Growth. The Early Childhood-Grade 12 special education teacher must: (1) design effective and universally accessible environments and learning experiences appropriate for students in Prekindergarten-Grade 12; (2) demonstrate knowledge of developmentally appropriate practices that contribute to a positive and safe learning environment; (3) demonstrate knowledge of classroom and schoolwide systems of Positive Behavioral Intervention and Supports (PBIS); (4) demonstrate knowledge of the key components and purposes of a Functional Behavioral Assessment (FBA); (5) demonstrate knowledge of the key components and purposes of a Behavior Intervention Plan (BIP); (6) create an environment in which expectations are clear and predictable and instructional routines and classroom procedures are used to support and engage students; (7) use developmentally appropriate procedures and routines to facilitate safe and efficient transitions, promote independence, self-regulation, and executive functioning; (8) use effective procedures and routines to create a physically safe, relationship-driven, and organized learning environment with access to materials, instruction, and content that facilitates social communication with peers and staff; (9) establish, explicitly teach, and maintain clear expectations for student behavior; (10) demonstrate knowledge of research-based de-escalation strategies to effectively address aggressive behavior; (11) build positive relationships with students based on understanding of individual strengths and needs, high expectations, and mutual respect and rapport; (12) create an atmosphere of safety that encourages the well-being of staff and students; (13) use sources of data, such as the BIP, to identify or develop effective, evidence-based, and, whenever possible, function-based practices for class-wide or individual-level interventions; (14) analyze progress monitoring data as defined in the BIP to evaluate the effects of behavioral interventions; (15) consider multiple avenues of intervention and reinforcement techniques such as class-wide and/or individual-level interventions; (16) use FBA to collect data and analyze and utilize the data to design behavior intervention; (17) conform to legal and ethical guidelines for all behavioral interventions; (18) demonstrate knowledge of the impact of behavior on the learning of students and classmates; (19) understand how factors, including family, community, and disability impact student behavior in the learning environment; (20) provide positive and constructive specific, developmentally appropriate, and explicit feedback to guide student behavior; (21) demonstrate understanding of the importance of digital citizenship and the vulnerability of students with disabilities to social media influences;(22) demonstrate knowledge and apply principles of Applied Behavior Analysis (ABA); and(23) demonstrate knowledge of how to find appropriate school and community supports for students. (h) Professional Learning and Collaboration. The Early Childhood-Grade 12 special education teacher must: (1) demonstrate knowledge of the roles and responsibilities of the Early Childhood-Grade 12 special education teacher and of other professionals who deliver special education services, including related and instructional service providers; (2) collaborate with paraprofessionals to identify and define the responsibilities, skills, and professional development needed for their roles; (3) collaborate with families, paraprofessionals, and other professionals to lead effective meetings that address students' needs; (4) consult with campus staff and/or colleagues about strategies, supports, and implementation of IEPs; (5) coordinate with service providers and build student schedules; (6) implement transition activities in the IEP that include community resources and service providers; (7) mentor and supervise paraprofessionals; (8) effectively collaborate with general education teachers to deliver, adapt, and differentiate instruction to meet the academic and non-academic needs of individual students; (9) understand the strengths and limitations of various co-teaching models based on setting and the individual needs of students; (10) effectively implement co-teaching models to deliver, adapt, and differentiate instruction to meet students' needs; (11) collaborate and consult with multi-disciplinary teams to plan and implement instruction in accordance with a student's IEP; (12) select and develop resources to improve communication and collaboration with family and community; (13) coordinate with related service providers and community agencies to identify and access services, resources, and supports to meet the needs of individuals with disabilities; (14) engage in ongoing self-reflection to design and implement professional learning activities; (15) set short-term and long-term professional goals based on ongoing analysis of student learning, self-reflection, and professional standards; and(16) demonstrate understanding of the barriers that exist for students with high support needs within educational settings and work with decision makers to design environments and select curriculum resources that include supports that address a range of student needs.(i) Elementary Special Education Teachers (Early Childhood-Grade 6). In addition to the knowledge and skills listed in subsections (b)-(h) of this section, the Early Childhood-Grade 6 special education teacher must: (1) demonstrate knowledge of the Emergent Literacy-Writing, Mathematics, Science, and Fine Arts domains of the Texas Prekindergarten Guidelines; (2) demonstrate knowledge of the TEKS for English language arts and reading, mathematics, science, and fine arts (Kindergarten-Grade 6); (3) demonstrate specific knowledge of early numeracy, early literacy, and pre-academic skills according to the TEKS and the Texas Prekindergarten Guidelines; (4) apply content-specific knowledge to develop individualized goals and objectives that are aligned with the appropriate grade-level TEKS and the Texas Prekindergarten Guidelines; (5) apply understanding of the subject matter TEKS, the Texas Prekindergarten Guidelines, and specialized curricula to inform programmatic and instructional decisions for students with high support needs; and(6) demonstrate a foundational knowledge of the Individualized Family Service Plan (IFSP). (j) Secondary Special Education Teachers (Grades 6-12). In addition to the knowledge and skills listed in subsections (b)-(h) of this section, the Grades 6-12 special education teacher must:(1) apply content-specific knowledge to develop individualized goals and objectives that are aligned with the appropriate grade-level TEKS;(2) demonstrate knowledge of the TEKS for English language arts and reading, mathematics, science, and fine arts (Grades 6-12); (3) apply understanding of the subject matter TEKS and specialized curricula to inform programmatic and instructional decisions for students with high support needs; (4) demonstrate knowledge of transition requirements within the IEP; (5) demonstrate knowledge of graduation options for students with disabilities receiving special education services according to §89.1070 of Part 2 of this title (relating to Graduation Requirements); (6) demonstrate knowledge of requirements for transfer of rights at the age of majority;(7) demonstrate knowledge of requirements for transition planning beginning at the age of 14;(8) schedule and facilitate ongoing transition activities to prepare students for postsecondary living according to the IEP; (9) support student participation in the IEP, ARD meetings, and transition plan; (10) demonstrate knowledge of how specific developmental characteristics of the teenage brain impact learning (e.g., decision-making, problem-solving, impulse control, and relationships);(11) demonstrate a foundational knowledge of content specific TEKS and College and Career Readiness Standards (CCRS) appropriate for students in Grades 6-12;(12) apply content-specific knowledge to develop individualized goals and objectives that are aligned with the appropriate grade-level TEKS and CCRS; (13) use the results of multiple assessments to determine students' transition needs; (14) collaborate with community service providers to address transition needs in accordance with the IEP; and(15) demonstrate knowledge of the key components of different employment models and how to provide access to community-based instruction, and vocational training.</content><note type="source"><p>Source Note: The provisions of this §235.131 adopted to be effective October 15, 2020, 45 TexReg 7261; amended to be effective October 19, 2025, 50 TexReg 6665.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c235/scF/s235.135"><num value="235.135">§235.135</num><heading>DeafBlind Standards: Early Childhood-Grade 12</heading><content>(a) DeafBlind Standards. The standards identified in this section are targeted for teachers of students who are DeafBlind. The standards address the discipline associated with the theory and practice of teaching students who are DeafBlind. The standards inform appropriate teaching techniques, methods, and teacher actions, judgments, and decisions by taking into consideration philosophical, historical, and legal foundations of DeafBlind education, characteristics of students who are DeafBlind, understandings of the needs and strengths of students who are DeafBlind, and the backgrounds and interests of individual students. (b) Foundations. The teacher of students who are DeafBlind understands the philosophical, historical, and legal foundations of DeafBlind education. The teacher of students who are DeafBlind: (1) understands interaction, communication, and language theories, approaches, and research that are applicable to teaching learners who are DeafBlind; (2) understands the history of the practices, people, and events that have impacted people who are DeafBlind (congenital and acquired) and the relevance of those histories to educational practices; (3) understands meaningful access from the visual, auditory, and tactile perspective of a person who is DeafBlind; (4) understands specialized roles and responsibilities of the educational team members, including learners who are DeafBlind, teachers of students who are DeafBlind, other educators, related service personnel, and family members; (5) understands the rights of learners who are DeafBlind and their family members; (6) understands clinical, functional, and legal definitions for eligibility of services as students who are DeafBlind/Blind/Visually Impaired/Deaf/Hard of Hearing; (7) accesses and evaluates current related research and practices in the field of DeafBlindness for their relevance in educational practices; (8) educates, facilitates, and collaborates with all educational team members, including family members, to ensure that the student's unique needs are being supported by all necessary team members during evaluation and instruction in home, school, and/or community settings; (9) ensures that the educational team considers proper eligibility criteria for the student who is DeafBlind; (10) establishes reciprocal interactions with learners who are DeafBlind; and (11) fosters effective individualized interaction, communication, and language development. (c) Learner Characteristics. The teacher of students who are DeafBlind demonstrates understanding of the complex and unique effects of the combined vision and hearing loss as well as the strengths of the tactile sense of learners who are DeafBlind. The teacher of students who are DeafBlind: (1) understands the positive perspective of the learner who is DeafBlind, including functional hearing and vision as well as the experience of touch; (2) understands typical child development and methods for supporting a child who is DeafBlind throughout the various stages of development; (3) understands the critical roles of vision, hearing, and touch in learning; (4) understands the range of vision and hearing loss of learners who are DeafBlind; (5) recognizes that each DeafBlind student is a unique individual; (6) understands the implications of combined sensory loss and the importance of the tactile sense on access to information and the environment; (7) understands the potential isolating effects of combined hearing and vision loss upon the learner who is DeafBlind; (8) understands the potential impact of the combined effects of hearing and vision loss upon the learner's opportunities for incidental learning; (9) understands the potential emotional implications of combined hearing and vision loss upon the learner who is DeafBlind, including the biological impact of stress; (10) understands the potential impact of the combined effects of hearing and vision loss and the tactile experience upon the learner's personal relationships with others, including the importance of sensory-attuned reciprocal interactions, on bonding, attachment, and friendships; (11) understands the potential and complex effects of additional disabilities upon learners who are DeafBlind; (12) understands the potential and complex effects of additional sensory disabilities (e.g., touch, vestibular, proprioception, taste, smell) upon learners who are DeafBlind; (13) understands the potential effects of the age of onset (congenital vs. acquired), degrees, and/or progression of hearing and vision loss upon learners who are DeafBlind; (14) understands the major etiologies of DeafBlindness and the possible implications on the learner who is DeafBlind; (15) understands the potential impact of the combined effects of vision and hearing loss and tactile accessibility upon the development of concrete and abstract concepts; (16) understands dynamic forms/modes of communication used by learners who are DeafBlind (i.e., body movements, gestures, bodily emotional traces (BETS), Visual American Sign Language (VASL), VASL adaptations, Signing Exact English (SEE), Tactile American Sign Language (TASL), speech, other manual modes); (17) understands static forms/modes of literacy, including real objects, tactile symbols, pictures, print, braille, and digital technology; (18) understands the structure and function of the auditory, visual, and tactile systems; (19) understands impairments in the structure and functions of the auditory and visual systems; (20) understands the influence of vision and hearing loss on tactile and sensorimotor development; (21) understands the learner's social history and its impact on the learner's current biology and physiology; (22) effectively explains the impact of the combined effects of hearing and vision loss and tactile accessibility to the educational team in relation to typical development; and (23) guides the educational team to ensure the development of communication-rich environments that support sensory-appropriate modes of social engagement within the context of developmentally-, age-, and grade-appropriate functional and meaningful activities. (d) Evaluation and Assessment. The teacher of students who are DeafBlind understands the educational evaluation and assessment processes to identify learner strengths and needs and applies appropriate formal and informal evaluation strategies to support the continuous development of all students, from birth through age 22. The teacher of students who are DeafBlind: (1) understands the legal protocol for administering evaluations relative to his or her certification as a teacher of students with visual impairments and/or teacher of students who are Deaf/Hard of Hearing; (2) understands evaluation of communication modes/forms along a continuum from pre-intentional and pre-symbolic to formal communication and language used by learners who are DeafBlind; (3) understands the importance of a functional sensory evaluation as a foundation for accommodations, adaptations, and strategies; (4) understands how to interpret functional evaluations and clinical assessments of vision, hearing, and medical/neurological information with reference to etiology; (5) understands the specialized tools needed to perform evaluations of hearing and vision; (6) understands the child-guided approach for evaluation of learners who are DeafBlind; (7) understands the evaluation of the Expanded Core Curriculum (ECC) for learners who have visual impairment, including those learners who are DeafBlind and with additional disabilities; (8) understands how to identify a learner's preferred mode of communication; (9) understands strategies for supporting the learner's educational team in determining appropriate modifications and accommodations of evaluations and state-mandated assessments and interpreting the assessment results based on individual learning characteristics; (10) collaborates with the educational team using learner-centered evaluations and planning processes to determine appropriate program planning, instruction, and setting; (11) conducts evaluations and ensures evaluations/assessments conducted by others are in the preferred mode(s) of communication for the individual learner who is DeafBlind; (12) evaluates in co-active, child-guided, functional routines and motor sequences, as appropriate for the learner who is DeafBlind; (13) evaluates or actively participates in conducting the functional vision evaluation, learning media assessment, communication evaluation, functional hearing evaluation, and ECC evaluation of the learner who is DeafBlind; (14) evaluates or actively participates in evaluating the communicative intent related to observable behavior of the learner who is DeafBlind; (15) assesses and adapts to learners' pace/timing of communication; (16) evaluates or actively participates in evaluating communication along a continuum from pre-intentional and pre-symbolic to formal communication and language used by learners who are DeafBlind; (17) evaluates and interprets or actively participates in determining the meaning and function of the learner's formal and informal literacy medium/media; (18) evaluates, interprets, and affirms the meaning of the learner's communicative initiatives (e.g., natural gestures, affect, bodily movements, vocalizations); (19) evaluates with consideration of physical environments, bio-behavioral states, and preferred/non-preferred sensory channels of the learner who is DeafBlind; (20) actively participates in the evaluation of tactile, proprioceptive, vestibular, and kinesthetic systems of the learner who is DeafBlind; (21) interprets evaluation results and explains current and future implications of combined vision and hearing loss of the learner to the educational team, including family members; (22) determines appropriate modifications and accommodations of evaluations and state-mandated assessments and supports the interpretation of the results based on individual learning characteristics; (23) recommends the learner for additional visual and auditory evaluations/assessments when necessary; and (24) explains the effects of specific etiologies on all sensory systems. (e) Planning for Instruction. The teacher of students who are DeafBlind plans for instructional opportunities in home, school, and community environments that are adapted to the unique needs of learners who are DeafBlind. The teacher of students who are DeafBlind: (1) understands the pacing and structure of programming for short- and long-term objectives within the context of functional routines for learners who are DeafBlind; (2) understands how to include or introduce novelty into familiar routines based on the individual needs of learners who are DeafBlind; (3) understands the elements of planning for life-long learning in current and future environments for students who are DeafBlind; (4) understands the importance of creating lesson plans that provide direct sensory experiences for learners who are DeafBlind; (5) understands appropriate instructional accommodations and modifications for learners who are DeafBlind; (6) understands the process for the development of a shared formal language with learners who are DeafBlind, based upon the learners' unique needs when planning instruction; (7) understands the need for learners who are DeafBlind to have competent communication partners who are present and actively engaged in all activities and settings; (8) understands how to incorporate appropriate assistive technology that enhances auditory, visual, and/or tactile functioning; (9) understands how to select the visual, auditory, and tactile characteristics of materials needed by learners who are DeafBlind; (10) understands how to incorporate student preferences to design motivating instructional activities; (11) gathers, maintains, and shares descriptive records/portfolios of the learner's communication repertoire across all settings to assess strengths, challenges, and progress; (12) plans additional time for tactual modeling and exploration; (13) plans additional time for individual learner processing and response; (14) based on learner needs, plans instruction that includes the appropriate literacy system(s); (15) plans extra time for conversations that facilitate the learner's anticipation of a change in routine or schedule; (16) creates opportunities for turn-taking and serve-and-return conversational exchanges in all interactions and instructional settings; (17) plans time for choice-making opportunities in multiple instructional settings; (18) acquires devices and materials that are required for each lesson; (19) obtains, operates, and maintains assistive technology related to vision and hearing; and (20) adapts materials to accommodate for multi-sensory needs. (f) Learning Environment. The teacher of students who are DeafBlind understands individual and group motivation and behavior in order to create a positive learning environment that encourages social interaction, active engagement, and joy of learning. The teacher of students who are DeafBlind: (1) understands the array of learning environments within different service delivery models; (2) understands the importance of competent communication partners who can interact with the learner who is DeafBlind to match his/her mode of communication; (3) understands how to facilitate a multi-modal learning environment by using the learner's functional hearing and/or vision, while also promoting the bodily/tactile sense, as prime components of information gathering and expression; (4) understands the potential for elements in the environment to be perceived as stressful by the learner who is DeafBlind and the impact that may cause to his/her biology; (5) assists others in the development of trusting relationships and in becoming competent communication partners with the learner who is DeafBlind; (6) facilitates communication and interaction to provide social and environmental access for the learner who is DeafBlind; (7) makes appropriate adaptations to enhance the learner's auditory, visual, and tactile functioning in a variety of environments; (8) uses appropriate assistive technology to promote the learner's access, participation, and independence; (9) selects, adapts, recommends, or implements classroom management strategies that reflect understanding of the individual learner's needs; (10) promotes an environment that allows learners to orient themselves, move safely, and interact positively with peers; (11) promotes an environment that feels predictable and safe for the learner who is DeafBlind; (12) reduces or eliminates unnecessary visual, auditory, and tactile clutter in the learning environment; and (13) adapts the learning environment by considering the impact of the elements of the learning environment (e.g., glare, lighting, auditory input, seating position) on the learner. (g) Instructional Delivery. The teacher of students who are DeafBlind emphasizes individual student potential and uses a variety of instructional strategies to encourage the learner's feelings of connectedness, success, and independence in order to promote development of critical-thinking and problem-solving skills in both the academic and expanded core curriculum to the greatest degree possible. The teacher of students who are DeafBlind: (1) understands how to create learning experiences to make content meaningful for each learner who is DeafBlind; (2) understands co-active teaching principles and practices that support the competencies of the learner who is DeafBlind; (3) understands attachment theories of human learning that support the importance of reciprocal emotional involvement and basic trust; (4) understands the importance of learners who are DeafBlind having control and influence over their own lives as an essential aspect of well-being; (5) understands the developmental phases of dyadic interaction between the adult and the learner who is DeafBlind; (6) understands the developmental phases of triadic interaction in the shared partnership between the adult, the learner who is DeafBlind, and the external world; (7) understands how to support the development of positive self-esteem in the learner who is DeafBlind; (8) understands visual, auditory, and tactile adaptations that enhance social/communicative interactions between the learner who is DeafBlind and others; (9) understands the use of augmentative communication devices and other assistive technology that are appropriate for the learner who is DeafBlind; (10) understands various instructional strategies specific to and/or adapted for learners who are DeafBlind; (11) understands the development of language and literacy in the communication mode(s) of learners who are DeafBlind; (12) understands the basic principles of orientation and mobility for learners who are DeafBlind; (13) understands how to adapt and scaffold the general education curriculum for learners who are DeafBlind; (14) understands curricula specific to and/or adapted for learners who are DeafBlind, including all areas of the expanded core curriculum; (15) applies co-active teaching strategies with the learner who is DeafBlind in daily routines, as appropriate; (16) applies tactile learning strategies in functional and play activities, as appropriate; (17) provides opportunities for the learner's increased proprioceptive and kinesthetic awareness during daily routines and planned activities; (18) provides opportunities for the learner to develop confidence by making choices; (19) provides the learner with opportunities for self-advocacy; (20) creates opportunities for learners to initiate conversations in their preferred communication mode about their topics of interest; (21) determines and uses optimal proximity for access between the learner and communication partner(s); (22) determines optimal proximity of the learner in relation to others that will enhance participation in group activities; (23) identifies him- or herself and uses salutation rituals in the mode appropriate to initiate and end interactions; (24) acts as a bridge in order to provide access to information about the environment, other interactions, and events taking place around the learner who is DeafBlind; (25) provides opportunities for the learner who is DeafBlind to observe (auditorily, visually, or tactually) conversations or interactions between others; (26) provides opportunities for co-created topics of instruction based on the learner's mode of communication and interests; (27) provides multi-modal opportunities in order to support the organization of events and the formation of mental images and holistic concepts for the learner who is DeafBlind; (28) uses scaffolding within the context of academic and functional routines to provide consistent and predictable experiential instruction for the learner who is DeafBlind; (29) develops and implements communication systems appropriate to the mode and developmental level of the learner who is DeafBlind; (30) uses formal language and literacy systems, as appropriate, to provide visual, tactile, and/or auditory access; (31) selects and prioritizes receptive and expressive vocabulary that is meaningful and motivating to the learner; (32) develops strategies to encourage the learner to use multiple static and dynamic modes/forms of communication; (33) provides multiple opportunities to use and expand vocabulary through frequent and natural conversations; (34) modifies existing literacy materials to adjust for the learner's language level and reading media; (35) designs and makes low-tech communication devices that are appropriate to the learner's needs; (36) selects and/or adapts assistive technology devices as tools for communication or to meet other learner needs; (37) provides opportunities for the learner to use augmentative communication devices in a variety of environments and with a variety of communication partners, as appropriate; (38) uses naturally occurring events for the learner to use and practice communication skills; (39) recommends appropriate positioning to optimize visual, auditory, and tactile functioning; (40) implements strategies to accommodate for and to improve the learner's visual, auditory, and tactile functioning based upon evaluation results; (41) supports spatial orientation strategies for the learner who is DeafBlind; (42) supports mobility techniques appropriate to the learner who is DeafBlind; (43) supports the learner who is DeafBlind to develop his/her awareness of kinesthetic and proprioceptive sensory systems as they relate to the body in the environment; (44) based upon clinical and functional evaluations, uses and creates materials that will maximize the learner's use of vision, hearing, and touch in specific situations to meet the learner's visual, auditory, and tactile needs; and (45) incorporates language and literacy as part of everyday activities, according to the learner's experiences and interests. (h) Collaborative Consultation. The teacher of students who are DeafBlind has knowledge of effective written, verbal, and visual communication techniques to foster active inquiry, collaboration, instructional coaching, and supportive interaction among professionals, family members, interveners, paraeducators, and learners who are DeafBlind. The teacher of students who are DeafBlind: (1) understands the importance of gathering and sharing the social history of each learner who is DeafBlind and the effect it has on biological and developmental needs, including bonding and attachment with family members and primary caregivers; (2) understands the role of the intervener for individual learners who are DeafBlind to assure that the learner has optimal access to opportunities for receptive and expressive communication, peer-to-peer interactions, and the development of shared meanings; (3) understands the effective use of instructional coaching strategies to support the educational team; (4) understands how to access appropriate resources that provide technical assistance at the local, state, and national levels related to the field of DeafBlindness; (5) understands how to access appropriate resources for home and community services and supports for learners who are DeafBlind and their families; (6) interprets and explains evaluation results to the learner's educational team members, including the learner's stage of developmental communication and implementation of strategies that support positive interactions in order to build an environment that promotes bonding, attachment, and a sense of safety; (7) provides information and education to educational team members, including family members, about the uniqueness of DeafBlindness; (8) promotes family engagement opportunities to connect families with educational, social, and peer support within school and community settings; (9) provides appropriate opportunities for peer-to-peer and group interactions with other individuals who are Deafblind; (10) promotes the exchange of information about the learner's communication mode(s) and developmental stages with other educational team members to ensure consistency of interpretation and use of the learner's communication system; (11) works with the educational team to ensure appropriate instruction is provided to peers and adults to communicate effectively with the learner in the learner's preferred communication mode; (12) collaborates with educational team members to facilitate understanding of the roles and responsibilities of the intervener and to use the intervener model according to the needs of the learner in multiple environments; (13) coaches the intervener and provides training to support the intervener's role and responsibilities related to the needs of the learner; (14) recommends appropriate referrals to other specialists in collaboration with educational team members to assess the need for assistive devices or additional evaluations; (15) collaborates with orientation and mobility specialists and other appropriate specialists in adapting strategies to support the learner in moving safely and independently; (16) collaborates with the educational team to identify and provide support related to the learner's access to the general education curriculum; (17) guides the educational team to consider appropriate modifications and accommodations needed for the learner who is DeafBlind; (18) consults and collaborates with community partners and family organizations who provide care, education, early intervention services, and/or adult services to individuals who are DeafBlind; (19) provides training to caregivers, school personnel, and peers that will improve the quality of their interactions/relationships with the learner who is DeafBlind; (20) works with the learner's educational team to create a transition plan for the learner who is DeafBlind that includes opportunities for a high quality of life beyond the educational setting; and (21) develops and implements communication systems appropriate to the mode and developmental level of the learner who is DeafBlind. (i) Professional Conduct and Leadership. The teacher of students who are DeafBlind understands teaching as a profession, maintains standards of professional conduct, adheres to ethical practices, and provides leadership to improve students' learning and well-being. The teacher of students who are DeafBlind: (1) understands special education laws as they relate to students who are DeafBlind; (2) understands how appropriate placement and services are determined for students who are DeafBlind; (3) understands how appropriate service intensity is determined; (4) understands the professional code of ethics for special educators and how it applies to his/her role; (5) facilitates access to early intervention to transition to adult services for learners who are DeafBlind and their families; (6) serves as the team lead for the entire instructional team, including family members, to facilitate education, support, and collaboration in the areas unique to DeafBlindness; and(7) demonstrates professional ethics and etiquette across all settings.(j) Reflection and Professional Growth. The teacher of students who are DeafBlind is a reflective practitioner who has knowledge of systems, available resources, organizations, and services for students who are DeafBlind; who continually evaluates how teacher choices and actions affect learners, family members, and other professionals in the learning community; and who actively seeks ongoing opportunities to grow professionally. The teacher of students who are DeafBlind: (1) understands initiatives related to the field of DeafBlindness; (2) understands the role of communities of practice in enhancing professional growth; (3) understands the professional organizations related to the field of DeafBlindness and the benefits of memberships therein; (4) understands the importance of professional development and its positive impact on effective practice; (5) understands the value of ongoing reflection as a practice to improve instructional effectiveness; (6) connects with other professionals within the field of DeafBlindness through a variety of sources, including professional organizations that focus on DeafBlindness; (7) participates in professional development opportunities and applies the information to his or her practice; and (8) regularly utilizes self-evaluation and intentional reflection on instructional practices and adjusts strategies accordingly.</content><note type="source"><p>Source Note: The provisions of this §235.135 adopted to be effective October 15, 2020, 45 TexReg 7261; amended to be effective October 19, 2025, 50 TexReg 6665.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c235/scF/s235.137"><num value="235.137">§235.137</num><heading>Bilingual Special Education Standards: Early Childhood-Grade 12</heading><content>(a) Bilingual Special Education Standards. The standards identified in this section are targeted for teachers of emergent bilingual students with disabilities. The standards address the discipline associated with the theory and practice of teaching emergent bilingual students who receive special education services, referred to throughout the standards as dually identified students. The standards inform appropriate teaching techniques, methods, and teacher actions, judgments, and decisions by taking into consideration philosophical, historical, and legal foundations of special education, characteristics of emergent bilingual students who receive special education services, understandings of the needs and strengths emergent bilingual students who receive special education services, and the backgrounds and interests of individual students.(b) Legal and Ethical Guidelines. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:(1) major legislation and Supreme Court cases that provide and uphold the rights of students receiving special education and/or language-related services;(2) the Individuals with Disabilities Education Act (IDEA) eligibility categories for special education and related services regarding the role of bilingual assessment in eligibility processes as well as considerations for emergent bilingual students in each category;(3) policies and statutes related to emergent bilingual students, including the roles, responsibilities, and processes for participating in the Language Proficiency Assessment Committee (LPAC) for identification, recommendation of program services, delivery of services, reclassification, and monitoring for a dually identified student in Texas;(4) policies and procedures for providing families with all relevant special education and bilingual education documentation in the parent or guardian's native language in accordance with §89.1050 of Part 2 of this title (relating to The Admission, Review, and Dismissal Committee) and §89.1055 of Part 2 of this title (relating to Individualized Education Program);(5) the confidentiality, components, and maintenance of special education eligibility and LPAC folders, including documentation of receipt of Individualized Education Programs (IEPs) by required staff, use of original home language survey, updated parental permission for current program, and storage of folders according to local and state requirements;(6) the components of Individualized Family Service Plans (IFSPs) for dually identified students and procedures for developing, implementing, and amending IFSPs in collaboration with the Early Childhood Intervention team;(7) the components of IEPs and procedures for developing, implementing, and amending IEPs for dually identified students in collaboration with the Admission, Review, and Dismissal (ARD) committee and the LPAC;(8) auditing student class schedules to ensure compliance with least restrictive environment and schedule of services in the IEP as well as placement in appropriate courses to support language development;(9) the roles and responsibilities related to preparing for an ARD and/or LPAC committee meeting, including collecting required data, interpreting the results of progress monitoring and classroom assessment data, visually representing and interpreting data to show student progress, and preparing LPAC data on linguistic growth and progress;(10) the legal responsibility of all school staff to fully implement an IEP for the dually identified student, to provide instruction in the English Language Proficiency Standards (ELPS), and to incorporate linguistically accommodated instruction based on language proficiency level;(11) applying legal requirements and ethical guidelines relevant to individualized behavioral interventions that consider individual student characteristics;(12) roles and responsibilities related to implementing the IEP that addresses both linguistic and disability related needs with fidelity, including monitoring student linguistic progress, implementing data collection of IEP goal progress, and reporting progress to the student and parents/guardians throughout the school year in plain language, English, and the language of the program;(13) the roles and responsibilities regarding Child Find obligations as outlined in 34 Code of Federal Regulations (CFR) §300.300-§300.306 and §89.1011 of Part 2 of this title (relating to Full and Individual Initial Evaluation);(14) the roles and responsibilities of the required members of the LPAC as well as the roles and responsibilities of the ARD committee, including a representative of the LPAC;(15) the required components of an LPAC meeting agenda and ARD committee meeting agenda for a dually identified student; (16) the types and purposes of LPAC meetings throughout the school year;(17) the local processes and supports to arrange for a home language interpreter/translator to attend the ARD meeting to ensure access for all stakeholders and to allow all LPAC/ARD committee members to have a single role, except in cases where a dual role is permissible under federal and state requirements; and(18) the relevant special education and emergent bilingual laws and policies that facilitate families' full participation in their students' education. (c) Knowledge of Students and Factors that Influence Learning. The bilingual special educator integrates bilingual and special education pedagogies in order to demonstrate knowledge of:(1) relevant development from birth through adolescence for dually identified students;(2) the impact disability, stress, trauma, protective factors, resilience, and supportive relationships may have on the learning, behavior, and development of dually identified students;(3) evidence-based strategies to support dual identified students' development and independence given IEP and relevant grade level expectations for academic progress, language proficiency growth, and behavior from birth through adolescence;(4) individual learner characteristics and specialized curricula knowledge to accommodate, modify, and/or customize the curricula across contexts for dually identified students;(5) utilizing present levels of academic achievement and functional performance to select and implement appropriate specially designed instruction for dually identified students;(6) barriers to accessibility and learning for dually identified students and evidence-based methods to mitigate those barriers; (7) evidence-based, individualized student behavioral support theories and strategies based on local policies and student needs;(8) leveraging the familial, educational, linguistic, and developmental experiences of dually identified learners to support learning across instructional settings;(9) differences in language across various groups to design and implement appropriate instructional practices;(10) the impact of behavior on student learning and the learning of their classmates, factors that impact dually identified student behavior, and application of this knowledge to create a safe and effective learning environment;(11) applying the concept of funds of knowledge to improve academic outcomes for dually identified students;(12) transition planning and available transition services aligned to student characteristics and needs; and(13) leveraging student use of formal and informal registers to promote academic and linguistic development.(d) Language and Literacy Development. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:(1) using children's or grade appropriate literature and high quality, authentic materials developed in the primary language and not translated or adapted;(2) applying language components, including oracy, phonics, phonology, morphology, syntactic features, semantics, and pragmatics, authentic to English and the language of instruction;(3) developing and customizing lesson plans that apply research and evidence-based instructional strategies related to biliteracy development including bi-directional transfer, use of cognates, contrastive analysis, translanguaging, and assessment for biliteracy;(4) applying literal, inferential, and interpretive reading skills to text in the language of instruction and English;(5) applying content-based language instruction (CBLI) practices in the language of instruction and English;(6) creating and adapting lessons with both academic and linguistic objectives and differentiating based on the IEP of the dually identified student;(7) relevant standards, with biliteracy and disability-related considerations for instruction and assessment (e.g., Science of Teaching Reading, ELPS, Spanish Language Arts and Reading);(8) planning and delivering linguistically accommodated instruction and evaluating and monitoring the progress of dually identified students in their English language proficiency using connections between the ELPS and the Texas English Language Proficiency Assessment System (TELPAS);(9) assessing and monitoring language proficiency levels in all four language domains--listening, speaking, reading, and writing;(10) applying holistic linguistic practices to support learners' language and literacy development in English and the language of instruction;(11) using oracy to improve comprehension through bilingual storytelling and content-based story retelling;(12) the application of language and literacy development in the content areas to support targeted lesson planning across all areas of the curriculum; and(13) the recursive nature of assessment and the need to use multiple data points to assess and monitor biliteracy development across language domains when planning and delivering instruction aligned with the student's IEP and when providing opportunities to develop biliteracy skills.(e) Eligibility, Program Placement, and Assessment. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:(1) all aspects of special education services (Child Find, evaluation, identification, IEP development, ARD committee processes) and the role of language development throughout for purposes of eligibility, evaluation, assessment, and placement;(2) all steps in the LPAC process and the role of disability-related needs throughout for purposes of identification, placement, services, review and reclassification, and monitoring;(3) using data from a variety of formative, dynamic and summative assessments and language proficiency levels to inform pre-referral processes, appropriate placement, and ongoing appropriate evaluation for dually identified students;(4) components and purposes of a Functional Behavioral Assessment and the collection, analysis and utilization of student data to design effective behavior interventions;(5) the key components and purposes of a Behavior Intervention Plan (BIP) that takes into account individual student characteristics and variance and analyze progress monitoring data as defined in the BIP to evaluate the effects of behavioral interventions;(6) research-based de-escalation strategies, trauma-related behavior, and positive behavioral supports, to effectively address individual student behavior;(7) supporting students to use language proficiency development and academic progress data to articulate and communicate their academic and non-academic needs;(8) using a variety of assessment data and language proficiency levels to write annual measurable IEP goals and present levels of academic achievement and functional performance, monitor linguistic development, and identify appropriate accommodations, designated supports (state testing) and modifications based on dually identified student needs, and contribute to developing the IEP;(9) identifying, recommending, and implementing appropriate linguistic and disability related accommodations and/or modifications as determined by the LPAC and/or ARD committee;(10) state testing requirements and criteria for participation and accommodation for dually identified students;(11) utilizing and documenting ongoing formative and summative assessments for language development and academic and behavioral progress;(12) collaboration with campus stakeholders to accurately analyze, interpret, and discuss the results of a variety of evaluation data for a dually identified student;(13) accurately interpreting the results of various forms of assessment for an individual student to determine linguistic growth and academic progress toward measurable outcomes; and(14) communicating present levels of student achievement and progress on IEP goals, progress in the ELPS, and mastery of grade-level TEKS to all relevant stakeholders.(f) Content Knowledge and Instructional Practices. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:(1) all domains of the Texas Prekindergarten Guidelines and specific knowledge of early numeracy, early literacy, and pre-academic skills in the primary language of the program and English;(2) developing individualized goals and objectives for IEPs aligned to appropriate grade-level TEKS, ELPS, and/or the Texas Prekindergarten Guidelines that identify appropriate language of instruction for the student as well as language(s) appropriate for the student to demonstrate mastery;(3) integrating language development and content-area instruction to meet the needs of students in accordance with Chapter 89, Subchapter BB, of Part 2 of this title (relating to Commissioner's Rules Concerning State Plan for Educating Emergent Bilingual Students);(4) applying second language acquisition methodologies (e.g., Total Physical Response, Sheltered Instruction Observation Protocol) and CBLI methodologies in language of instruction and English;(5) differentiated methodologies and strategies for instructing a wide variety of learners, including heritage language learners, simultaneous bilinguals, recent arrivals, long-term emergent bilingual students, and program language learners in a two-way dual language immersion program, within different school-based configurations and program models;(6) applying content-specific knowledge and language development knowledge to routinely collaborate, co-teach, modify, and adapt curriculum with general education teachers, special education teachers and related service providers;(7) using explicit, differentiated, scaffolded, and systematic instruction to teach content, strategies, and skills designed for the student's language proficiency level and aligned with IEP goals;(8) providing linguistically appropriate access to subject-specific instructional materials to address individual learner needs in different contexts such as center-based, home-based, and school-based classrooms, including specialized and general classrooms;(9) utilizing assessments and language proficiency levels to develop specially designed instruction, including accommodations, modifications, and adaptations, as well as appropriately differentiated lessons;(10) planning instruction according to the requirements of an IEP, including supplementary aids, assistive technology, and related services;(11) providing specific, appropriate, and explicit feedback to students during instruction to engage, motivate, and support students toward language proficiency development and content mastery;(12) specialized curricula that may include curriculum for social skills, life skills, transition, orientation and mobility, independence, and self-advocacy;(13) proficient use of various forms of assistive technology (low, mid-, and high-tech) and plan for the strategic integration of assistive technology into daily teaching practices based on student developmental, learning, and linguistic needs;(14) planning for and the integration of school-to-school and school-to-community transition-focused activities into classroom instruction related to the student's post-secondary goals;(15) using evidence-based practices to design and implement appropriate interventions when dually identified students are not making expected progress in linguistic, functional, academic, or behavioral goals;(16) building positive relationships with students based on understanding of individual strengths and needs, high expectations, and mutual respect and rapport;(17) appropriate accommodations, modifications, and differentiation strategies to meet the needs of dually identified students as well as providing, adapting, and/or creating appropriate instructional materials and resources;(18) utilizing knowledge of language development and learning processes of dually identified students to select and use appropriate engagement strategies (bilingual pairs, language stations, strategic groupings, etc.) that meet the linguistic and learning needs of all students; and(19) the key differences between accommodations (language and disability related) and modified curriculum.(g) Student Support, Collaboration, and Professional Responsibilities. The bilingual special educator integrates bilingual and special education pedagogies in order to demonstrate knowledge of:(1) the academic benefits of multilingualism and bilingualism for students with disabilities;(2) misconceptions related to bilingualism and disability and practices based on these misunderstandings;(3) providing rigorous learning opportunities that support the development of a student's first language and English and promote positive learning outcomes;(4) effective communication with parents and guardians around all aspects of the LPAC and/or ARD process to support participation in activities designed to support student achievement and growth;(5) supporting access to services for dually identified students and their families as well as programmatic considerations/practices, particularly those with high support needs, recognizing students' multiple identified linguistic and disability related needs and how needs may change over time;(6) collaborating with general education teachers to deliver, adapt, and differentiate instruction to address students' academic and non-academic needs;(7) collaboration strategies to support all relevant stakeholders to effectively serve dually identified students across instructional settings;(8) coordination with related service providers and community agencies to identify and access services, resources, and supports to meet the needs of dually identified students;(9) supervising and collaborating with paraprofessionals to identify the responsibilities and skills needed for their roles; and(10) setting short-term and long-term professional goals based on ongoing analysis of student learning, self-reflection, advocacy, and professional standards.</content><note type="source"><p>Source Note: The provisions of this §235.137 adopted to be effective October 19, 2025, 50 TexReg 6665.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c239"><num value="239">CHAPTER 239</num><heading>STUDENT SERVICES CERTIFICATES</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c239/scA"><num value="A">SUBCHAPTER A</num><heading>SCHOOL COUNSELOR CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p7/c239/scA/s239.1"><num value="239.1">§239.1</num><heading>General Provisions</heading><content>(a) Because the school counselor plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the School Counselor Certificate is of the highest caliber and possesses the knowledge, skills, and credentials necessary to improve the performance of the diverse student population of this state.(b) An individual serving as a school counselor is expected to actively participate in counseling-related professional development activities to continually update his or her knowledge, skills, and credentials. Currency in best practices and research related to developing a quality, comprehensive school counseling program, which includes both campus leadership and student learning, is essential for all students.(c) The holder of the School Counselor Certificate issued under the provisions of this subchapter is certified to provide counseling services to all students in Prekindergarten-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §239.1 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective July 13, 2004, 29 TexReg 6644; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scA/s239.5"><num value="239.5">§239.5</num><heading>Minimum Requirements for Admission to a School Counselor Preparation Program</heading><content>(a) Prior to admission to an educator preparation program leading to the School Counselor Certificate, an individual must:(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(2) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §239.5 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scA/s239.10"><num value="239.10">§239.10</num><heading>Preparation Program Requirements</heading><content>(a) Structured, field-based training must be focused on actual school-based experiences with each of the standards identified in §239.15 of this title (relating to Standards Required for the School Counselor Certificate) to include experiences with diverse types of students and grade levels.(b) An educator preparation program must develop and implement specific criteria and procedures that allow a candidate to substitute related professional counselor training directly related to the standards identified in §239.15 of this title for part of the preparation coursework or other program requirements.(c) An educator preparation program for the school counselor certificate must prepare students to understand and implement The Texas Model for Comprehensive School Counseling Programs (Texas Education Code, Chapter 33, Subchapter A).</content><note type="source"><p>Source Note: The provisions of this §239.10 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scA/s239.15"><num value="239.15">§239.15</num><heading>Standards Required for the School Counselor Certificate</heading><content>(a) School Counselor Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examination required to obtain the School Counselor Certificate. The standards also serve as the foundation for the professional growth plan and continuing professional education activities required by §239.25 of this title (relating to Requirements to Renew the Standard School Counselor Certificate).(b) Standard I. Learner-Centered Knowledge: The certified school counselor has a broad knowledge base. The certified school counselor must know and understand:(1) the history and philosophy of counseling;(2) counseling and consultation theories and practices;(3) career development theories and practices;(4) the roles and responsibilities of a comprehensive school counseling program that emphasizes college and career readiness and postsecondary options for all students, including college admissions, college financial aid resources, application procedures, and workforce and career opportunities;(5) assessment principles and procedures, including the appropriate use of tests, test interpretation, and test results;(6) changing societal trends, including demographic, economic, and technological tendencies, and their relevance to school counseling;(7) environmental, social, and cultural factors that affect learners' development and the relevance of those factors to educational, career, personal, and social development, along with comprehensive school counseling programs;(8) learners' developmental characteristics and needs and their relevance to educational and career choices;(9) legal and ethical standards, practices, and issues and the importance of commitment to and implementation of ethical principles;(10) the characteristics and educational needs of special populations;(11) techniques and behavioral interventions to assist teachers with classroom management;(12) the integration of a school counseling program, the Texas College and Career Readiness Standards, and academic curricula; (13) the roles and responsibilities of a comprehensive school counseling program that is responsive to all students;(14) counseling-related research techniques and practices; (15) developing and teaching best practices on leadership skills;(16) how cultural factors and group membership impact individual students;(17) the comprehensive school counseling program model;(18) how to utilize various forms of technology and how inappropriate use could be professionally and personally harmful; and(19) an understanding of systems, including family dynamics and school environments.(c) Standard II. Learner-Centered Skills: The certified school counselor applies the knowledge base to promote the educational, personal, social, and career development of the learner as outlined in The Texas Model for Comprehensive School Counseling Programs. The certified school counselor must:(1) develop processes and procedures for planning, designing, implementing, and evaluating The Texas Model for Comprehensive School Counseling Programs; (2) provide a proactive, comprehensive, developmental school counseling program based on the needs of students, as set forth in The Texas Model for Comprehensive School Counseling Programs; (3) counsel individuals and small groups using appropriate counseling theories and techniques in response to students' needs;(4) consult with parents/guardians, teachers, administrators, and other individuals as appropriate to enhance his or her work with students;(5) coordinate resources, referrals, and follow-up procedures for students within the school and community;(6) demonstrate proficiency in teaching small and large groups by actively engaging students in the learning process;(7) participate in the selection, use, and interpretation of assessments and assessment results;(8) use multiple sets of information and data to make decisions about students, programs, and services;(9) use counseling-related research techniques and evidence-based practices to address student needs;(10) advocate for a comprehensive school counseling program that is responsive to all students;(11) facilitate learners' ability to achieve their potential by helping them set and attain challenging educational, career, personal, and social goals based on various types of information; (12) maintain proficiency in counseling and campus-related technology; and(13) use varied sources of information, resources, and practices to counsel students about postsecondary opportunities and college and career readiness.(d) Standard III. Learner-Centered Process: The certified school counselor participates in the development, monitoring, revision, and evaluation of a campus based on The Texas Model for Comprehensive School Counseling Programs that promotes learners' knowledge, skills, motivation, and personal growth. The certified school counselor must:(1) collaborate with others in the school and community to implement a guidance curriculum that promotes learners' development in all domains, including cognitive, social, and emotional areas;(2) facilitate learners' ability to achieve their potential by helping them set and attain challenging educational, career, personal, and social goals based on various types of information;(3) use both preventive and intervening strategies to address the concerns of learners and to help them clarify problems and situations, set goals, explore options, and implement change;(4) implement effective referral procedures to facilitate the use of special programs and services;(5) act as a consultant to help learners achieve success inside and outside of school;(6) advocate for a comprehensive school counseling program and recognize the required time commitment to fully apply the program implementation cycle;(7) create a program mission, goal, and services in alignment with the school mission and campus improvement plan;(8) create and disseminate literature or newsletters to all stakeholders that describe the comprehensive school counseling program and reduce negative stigmas associated with receiving counseling services in a school-based program;(9) establish an advisory council or board with membership of all stakeholders (student, parent, teacher, administrator, community member, other personnel, and support specialists);(10) increase public relations and awareness through community outreach, such as fundraising, grant writing, donations, volunteerism, local businesses, and use of public or guest speakers;(11) provide school-wide professional development and parent workshops throughout the school year;(12) support participation in fair-share responsibilities versus non-counseling related duties;(13) know district, state, and federal initiatives that are to be reflected in a comprehensive school counseling program; and(14) develop practices to promote learners' knowledge about college and career readiness processes necessary to pursue postsecondary opportunities.(e) Standard IV. Learner-Centered Equity and Excellence for All Learners: The certified school counselor promotes academic success for all learners by acknowledging, respecting, and responding to diversity while building on similarities that bond all people. The certified school counselor must:(1) understand learner differences, including those related to cultural background, gender, race, ethnicity, socio-economic levels, academic ability, and learning styles, and know ways to create and maintain a positive school environment that is responsive to all learners;(2) advocate for a school environment in which diversity is acknowledged and respected, resulting in positive interactions across all cultures, genders, ethnicities, and learning styles;(3) facilitate learning and achievement for all students to ensure services that cover an array of exceptionalities, including special populations, by promoting a cooperative, inclusive, purposeful learning environment;(4) take a positive, strength-based approach that builds on commonalities versus differences in all learners;(5) understand how environment and behavior may impact or influence individual learners;(6) ensure equitable access to programs and services for all students;(7) understand how family values, group membership, and culture intersect;(8) acknowledge learners' gifts, strengths, and extracurricular talents when considering programs and services;(9) increase students' awareness and include their voices regarding educational and individualized plans; and(10) ensure equitable access and exposure to postsecondary opportunities and college and career readiness information and resources for students and parents/guardians.(f) Standard V. Learner-Centered Communications: The certified school counselor, an advocate for all students and the school, demonstrates effective professional and interpersonal communication skills. The certified school counselor must:(1) demonstrate effective communication through oral, written, and nonverbal expression;(2) use knowledge of group dynamics and productive group interaction;(3) support responsive interventions by effectively communicating with parents/guardians, teachers, administrators, and community members;(4) facilitate learners' access to community resources;(5) develop and implement strategies for effective internal and external communications;(6) facilitate parent/guardian involvement in their children's education;(7) develop partnerships with parents/guardians, businesses, and other groups in the community to facilitate learning;(8) work effectively as a team member to promote positive change for individuals, groups, and the school community;(9) take a positive, strength-based approach that verbalizes commonalities versus differences in all learners;(10) effectively communicate his or her role and responsibility and counselor identity to all stakeholders to reduce confusion about the duties of a school counselor;(11) adhere to best practices connected to ethical and legal considerations around appropriate use of technology and email, documentation, record keeping, privileged communication, and informed consent process; and(12) facilitate access to and use of school and community information and resources related to postsecondary opportunities and college and career readiness by learners, parents/guardians, teachers, administrators, and community members.(g) Standard VI. Learner-Centered Professional Development: The certified school counselor continues professional development, demonstrating a commitment to learn, to improve the profession, and to model professional ethics and personal integrity. The certified school counselor must:(1) use reflection, self-assessment, and interactions with colleagues to promote personal professional development;(2) use counseling-related research techniques and practices as well as technology and other resources to facilitate continued professional growth;(3) strive toward the highest level of professionalism by adhering to and modeling professional, ethical, and legal standards;(4) apply research-based practice to improve the school guidance and counseling program;(5) engage in ongoing professional development to improve the school guidance and counseling program; and(6) engage in continued professional development experiences to learn and apply concepts, skills, and practices related to increasing college and career readiness and promoting postsecondary opportunities and preparation for all learners.</content><note type="source"><p>Source Note: The provisions of this §239.15 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scA/s239.20"><num value="239.20">§239.20</num><heading>Requirements for the Issuance of the Standard School Counselor Certificate</heading><content>To be eligible to receive the standard School Counselor Certificate, a candidate must:(1) successfully complete a school counselor preparation program that meets the requirements of §239.10 of this title (relating to Preparation Program Requirements) and §239.15 of this title (relating to Standards Required for the School Counselor Certificate);(2) successfully complete the examination based on the standards identified in §239.15 of this title; and(3) hold, at a minimum, a 48-hour master's degree in counseling from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §239.20 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144; amended to be effective May 19, 2024, 49 TexReg 3560.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scA/s239.25"><num value="239.25">§239.25</num><heading>Requirements to Renew the Standard School Counselor Certificate</heading><content>(a) An individual issued the standard School Counselor Certificate on or after September 1, 2000, is subject to Chapter 232, Subchapter A, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements) and must satisfy the most current requirements for renewal.(b) An individual who holds a valid Texas counselor certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.3 of this title (relating to Voluntary Renewal of Current Texas Educators).</content><note type="source"><p>Source Note: The provisions of this §239.25 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scA/s239.30"><num value="239.30">§239.30</num><heading>Implementation Date</heading><content>The provisions of this subchapter apply to an applicant who is admitted to an educator preparation program for the School Counselor Certificate on or after September 1, 2019.</content><note type="source"><p>Source Note: The provisions of this §239.30 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c239/scB"><num value="B">SUBCHAPTER B</num><heading>SCHOOL LIBRARIAN CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p7/c239/scB/s239.40"><num value="239.40">§239.40</num><heading>General Provisions</heading><content>(a) Because the school librarian plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the School Librarian Certificate is of the highest caliber and possesses the knowledge and skills necessary to improve the performance of the diverse student population of this state.(b) An individual serving as a school librarian is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.(c) The holder of the School Librarian Certificate issued under the provisions of this subchapter may serve as a librarian in Prekindergarten-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §239.40 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective July 13, 2004, 29 TexReg 6645; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scB/s239.45"><num value="239.45">§239.45</num><heading>Minimum Requirements for Admission to a School Librarian Preparation Program</heading><content>(a) Prior to admission to an educator preparation program leading to the School Librarian Certificate, an individual must:(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(2) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).(b) An educator preparation program may adopt requirements for admission in addition to those required under subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §239.45 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scB/s239.50"><num value="239.50">§239.50</num><heading>Preparation Program Requirements</heading><content>(a) Structured, field-based training must be focused on actual experiences with each of the standards identified in §239.55 of this title (relating to Standards Required for the School Librarian Certificate) to include actual library experiences with diverse types of students, grade levels, and campuses.(b) An educator preparation program must develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §239.55 of this title for part of the preparation coursework or other program requirements.</content><note type="source"><p>Source Note: The provisions of this §239.50 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scB/s239.55"><num value="239.55">§239.55</num><heading>Standards Required for the School Librarian Certificate</heading><content>(a) School Librarian Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examination required to obtain the School Librarian Certificate. The standards also serve as the foundation for the professional growth plan and continuing professional education activities required by §239.65 of this title (relating to Requirements to Renew the Standard School Librarian Certificate).(b) Standard I. Learner-Centered Teaching and Learning: The certified school librarian is an educational leader who promotes the integration of curriculum, resources, and teaching strategies to ensure the success of all students as the effective creators and users of ideas and information, enabling them to become lifelong learners. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:(1) participate as an educational leader, an equal partner, and a change agent in the curriculum development process at both the school campus and school district levels;(2) participate in curriculum design and integrated planning of a shared school campus vision that focuses on reading, teaching, and learning;(3) model and promote collaborative planning, cooperative teaching, and direct instruction as determined by learners' needs and state curriculum standards;(4) direct and encourage students in the ethical use of resources to locate, gather, select, synthesize, and evaluate relevant information;(5) work collaboratively with faculty to provide students with opportunities to assume responsibility for planning and engaging in independent learning;(6) adapt teaching strategies to accommodate the diverse learning needs of the student population;(7) provide and promote ongoing staff development for the learning community, particularly in the areas of integration of information technology, information literacy, and literature appreciation;(8) provide and promote ongoing learning opportunities for students, particularly in the areas of integration of information technology and information literacy;(9) direct and encourage students to read a variety of fiction and nonfiction resources for personal and informational needs;(10) understand and evaluate national, state, and local reading initiatives;(11) create a learning environment in which the diversity of groups and the uniqueness of individuals are recognized and appreciated; and(12) provide instructional access to library resources and facilities through open, flexible scheduling for classes, small groups, and individuals.(c) Standard II. Learner-Centered Library Program Leadership and Management: The certified school librarian is an educational leader who promotes the success of all students by acquiring, organizing, and managing information for use in a creative and exemplary library program. Accordingly, the certified school librarian is a leader and manager who must be able to do the following activities with understanding and valuation of their importance:(1) advocate for the development of an exemplary library media program that encourages a vision of excellence for all learners;(2) synthesize information from a variety of sources for effective decision making to develop and maintain an exemplary library program;(3) design policies and procedures that comply with local, state, and federal laws and policies while supporting sound decisions relating to school and library instruction and programs;(4) establish partnerships within the learning community to support school district and school campus goals through exemplary library programs;(5) demonstrate effective leadership strategies while working within school campus and school district administrative structures to promote achievement of library program goals;(6) employ effective interpersonal communication skills;(7) implement effective strategies and techniques to systematically perform library management operations such as budgeting; purchasing; scheduling; managing and maintaining facilities and resources; supervising adults and children; reporting; grant writing; and overseeing circulation and inventory;(8) collaborate with faculty to ensure that the process of evaluating and selecting library resources provides curriculum-related and leisure reading materials;(9) design and implement acceptable use policies for current and emerging technologies;(10) use effective planning, time management, and organization of work to maximize attainment of district and campus goals through exemplary library programs; and(11) monitor, assess, and employ existing and emerging technologies for management applications.(d) Standard III. Learner-Centered Technology and Information Access: The certified school librarian is an educational leader who promotes the success of all students by facilitating the use and integration of technology, telecommunications, and information systems to enrich the curriculum and enhance learning. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:(1) provide a balanced, carefully selected, and systematically organized collection of library resources that are sufficient to meet students' needs and are continuously monitored to be current and relevant in each subject area;(2) model and promote the highest standard of conduct, ethics, and integrity in the use of the Internet and other print and electronic resources;(3) employ existing and emerging technologies to access, evaluate, and disseminate information for possible application to instructional programs;(4) promote interlibrary loan policy to facilitate information access beyond the campus;(5) model information problem-solving processes in providing instruction about reference and research techniques; and(6) participate in state and national technology initiatives.(e) Standard IV. Learner-Centered Library Environment: The school librarian is an educational leader who promotes the success of all students by establishing a climate in the library that enables and encourages all members of the learning community to explore and meet their information needs. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:(1) understand the principles of exemplary library design as defined by state and federal guidelines for a simultaneous-use facility for individuals, small groups, and classes;(2) develop and maintain a flexible, functional, and barrier-free library facility that conforms to national and state library standards;(3) provide a safe, secure environment that is age appropriate;(4) maximize available space to permit displays of student-, faculty- and community-produced materials and collections; and(5) promote access to resources and information during and beyond the instructional day and school year.(f) Standard V. Learner-Centered Connections to the Community: The school librarian is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and fostering the use of community resources. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:(1) promote awareness of and responsiveness to learning differences and other types of diversity in the learning community;(2) exhibit effective communication through oral, written, electronic, and nonverbal expression;(3) implement strategies for effective internal and external communications;(4) establish partnerships with businesses, learning institutions, global communities, and other libraries and entities to strengthen programs and support school campus goals;(5) develop library programs that offer families opportunities to participate in school activities and in their children's education;(6) advocate access to resources and information during and beyond the instructional day and school year; and(7) develop and implement a comprehensive program of community relations that uses strategies to effectively involve and inform multiple constituencies, including the news media.(g) Standard VI. Learner-Centered Information Science and Librarianship: As an educational leader, the certified school librarian uses his or her unique knowledge base, drawing from both education and library science, to promote the success of all students and to provide experiences that help learners locate, evaluate, and use information to solve problems while becoming lifelong readers and learners. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:(1) understand the role of all types of libraries and information agencies in an integrated learning environment;(2) understand the role of the school library media program as a central element in the intellectual life of the school;(3) know theories, principles, and skills related to the selection, acquisition, organization, storage, retrieval, use, and evaluation of information;(4) implement standard library procedures for classifying, cataloging, and processing various resources that facilitate computerization and resource sharing;(5) evaluate and select existing and emergent technologies in support of the library program;(6) communicate effectively to patrons to determine their information needs;(7) demonstrate an understanding of bibliographic and retrieval techniques needed to organize and use information sources;(8) use knowledge of literature and information resources to help students select materials;(9) understand and model principles of intellectual freedom, information access, privacy, and proprietary rights;(10) design and use statistical reports to support an exemplary library program;(11) use varied reading materials, programs, and motivational strategies to guide the development of independent readers;(12) engage in continual self-evaluation and self-directed learning for professional growth;(13) maintain an active interest in and contribute to appropriate local, state, regional, and national professional associations and publications;(14) demonstrate ethical behavior in all professional contexts; and(15) work collaboratively with other information professionals in support of the library program and the profession.</content><note type="source"><p>Source Note: The provisions of this §239.55 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scB/s239.60"><num value="239.60">§239.60</num><heading>Requirements for the Issuance of the Standard School Librarian Certificate</heading><content>To be eligible to receive the standard School Librarian Certificate, a candidate must:(1) successfully complete a school librarian preparation program that meets the requirements of §239.50 of this title (relating to Preparation Program Requirements) and §239.55 of this title (relating to Standards Required for the School Librarian Certificate);(2) successfully complete the examination based on the standards identified in §239.55 of this title;(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(4) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).</content><note type="source"><p>Source Note: The provisions of this §239.60 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scB/s239.65"><num value="239.65">§239.65</num><heading>Requirements to Renew the Standard School Librarian Certificate</heading><content>(a) An individual issued a standard librarian certificate from September 1, 1999, to August 31, 2000, is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements), except that only 150 clock-hours of continuing professional education must be completed during the first five-year renewal period. During subsequent renewal periods, the holder of such an active standard librarian certificate must satisfy the most current requirements for renewal.(b) An individual issued the standard School Librarian Certificate on or after September 1, 2000, is subject to Chapter 232, Subchapter B, of this title.(c) An individual who holds a valid Texas school librarian certificate or endorsement issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).</content><note type="source"><p>Source Note: The provisions of this §239.65 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scB/s239.70"><num value="239.70">§239.70</num><heading>Transition and Implementation Dates</heading><content>(a) Section 239.60 of this title (relating to Requirements for the Issuance of the Standard School Librarian Certificate) shall be implemented on September 1, 2002, and shall supersede all conflicting provisions in this title on September 1, 2003. All other sections of this subchapter shall take effect pursuant to the Texas Government Code, §2001.036.(b) Not later than September 1, 2003, the following provisions shall no longer apply to the School Librarian Certificate:(1) Section 245.5(a)(2) of this title (relating to Requirements for Issuance of a Texas Certificate Based on Certification from Another Country), as it existed on May 5, 2000; and(2) the "teaching practicum" requirement in §245.10(a)(2)(B) of this title (relating to Application Procedures) as it existed on May 5, 2000.</content><note type="source"><p>Source Note: The provisions of this §239.70 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c239/scC"><num value="C">SUBCHAPTER C</num><heading>EDUCATIONAL DIAGNOSTICIAN CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p7/c239/scC/s239.80"><num value="239.80">§239.80</num><heading>General Provisions</heading><content>(a) Because the educational diagnostician plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the Educational Diagnostician Certificate is of the highest caliber and possesses the knowledge and skills necessary to improve the performance of the diverse student population of this state.(b) An individual serving as an educational diagnostician is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both assessment and student learning is essential.(c) The holder of the Educational Diagnostician Certificate issued under the provisions of this subchapter may serve as an educational diagnostician, including providing educational assessment and evaluation, as required by the Individuals with Disabilities Education Act (IDEA) or other applicable law, for students from birth through adulthood.</content><note type="source"><p>Source Note: The provisions of this §239.80 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective July 13, 2004, 29 TexReg 6645; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scC/s239.81"><num value="239.81">§239.81</num><heading>Minimum Requirements for Admission to an Educational Diagnostician Preparation Program</heading><content>(a) Prior to admission to an educator preparation program leading to the Educational Diagnostician Certificate, an individual must:(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(2) hold a valid classroom teaching certificate; and(3) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §239.81 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scC/s239.82"><num value="239.82">§239.82</num><heading>Preparation Program Requirements</heading><content>(a) Structured, field-based training must be focused on actual experiences with each of the standards identified in §239.83 of this title (relating to Standards Required for the Educational Diagnostician Certificate) to include experiences with diverse types of students, grade levels, and campuses.(b) An educator preparation program may develop and implement specific criteria and procedures that allow a candidate to substitute related professional educational diagnostician training and/or experience directly related to the standards identified in §239.83 of this title for part of the preparation coursework or other program requirements.</content><note type="source"><p>Source Note: The provisions of this §239.82 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scC/s239.83"><num value="239.83">§239.83</num><heading>Standards Required for the Educational Diagnostician Certificate</heading><content>(a) Educational Diagnostician Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examination required to obtain the standard Educational Diagnostician Certificate. The standards also serve as the foundation for the professional growth plan and continuing professional education activities required by §239.85 of this title (relating to Requirements to Renew the Standard Educational Diagnostician Certificate).(b) Standard I. The educational diagnostician understands and applies knowledge of the purpose, philosophy, and legal foundations of evaluation and special education.(1) The educational diagnostician knows and understands:(A) state and federal regulations relevant to the role of the educational diagnostician;(B) laws and legal issues related to the assessment and evaluation of individuals with educational needs;(C) models, theories, and philosophies that provide the basis for special education evaluations;(D) issues, assurances, and due process rights related to evaluation, eligibility, and placement in the least restrictive environment within a continuum of services; and(E) rights and responsibilities of parents/guardians, schools, students, and teachers and other professionals in relation to individual learning needs.(2) The educational diagnostician is able to:(A) articulate the purpose of evaluation procedures and their relationship to educational programming; and(B) conduct evaluations and other professional activities consistent with the requirements of laws, rules and regulations, and local district policies and procedures.(c) Standard II. The educational diagnostician understands and applies knowledge of ethical and professional practices, roles, and responsibilities.(1) The educational diagnostician knows and understands:(A) ethical practices regarding procedural safeguards (e.g., confidentiality issues, informed consent) for individuals with disabilities;(B) ethical practices related to assessment and evaluation;(C) qualifications necessary to administer and interpret various instruments and procedures; and(D) organizations and publications relevant to the field of educational diagnosis.(2) The educational diagnostician is able to:(A) demonstrate commitment to developing quality educational opportunities appropriate for individuals with disabilities;(B) demonstrate positive regard for the culture, gender, and personal beliefs of individual students;(C) promote and maintain a high level of competence and integrity in the practice of the profession;(D) exercise objective professional judgment in the practice of the profession;(E) engage in professional activities that benefit individuals with exceptional learning needs, their families, and/or colleagues;(F) comply with local, state, and federal monitoring and evaluation requirements;(G) use copyrighted educational materials in an ethical manner; and(H) participate in the activities of professional organizations in the field of educational diagnosis.(d) Standard III. The educational diagnostician develops collaborative relationships with families, educators, the school, the community, outside agencies, and related service personnel.(1) The educational diagnostician knows and understands:(A) strategies for promoting effective communication and collaboration with others, including parents/guardians and school and community personnel, in a culturally responsive manner;(B) concerns of parents/guardians of individuals with exceptional learning needs and appropriate strategies to help parents/guardians address these concerns;(C) strategies for developing educational programs for individuals through collaboration with team members;(D) roles of individuals with disabilities, parents/caregivers, teachers, and other school and community personnel in planning educational programs for individuals; and(E) family systems and the role of families in supporting student development and educational progress.(2) The educational diagnostician is able to:(A) use collaborative strategies in working with individuals with disabilities, parents/caregivers, and school and community personnel in various learning environments;(B) communicate and consult effectively with individuals, parents/guardians, teachers, and other school and community personnel;(C) foster respectful and beneficial relationships between families and education professionals;(D) encourage and assist individuals with disabilities and their families to become active participants in the educational team;(E) plan and conduct collaborative conferences with individuals who have exceptional learning needs and their families or primary caregivers;(F) collaborate with classroom teachers and other school and community personnel in including individuals with exceptional learning needs in various learning environments;(G) communicate with classroom teachers, administrators, and other school personnel about characteristics and needs of individuals with disabilities;(H) use appropriate communication skills to report and interpret assessment and evaluation results;(I) provide assistance to others who collect informal and observational data;(J) effectively communicate to parents/guardians and professionals the purposes, methods, findings, and implications of assessments; and(K) keep accurate and detailed records of assessments, evaluations, and related proceedings (e.g., admission, review, and dismissal/individualized education program (ARD/IEP) meetings, parent/guardian communications and notifications).(e) Standard IV. The educational diagnostician understands and applies knowledge of student assessment and evaluation, program planning, and instructional decision making.(1) The educational diagnostician knows and understands:(A) the characteristics, needs, and rights of individual students in relation to assessment and evaluation for placement in the least restrictive environment within a continuum of services;(B) the relationship between evaluation and placement decisions; and(C) the role of team members, including the student when appropriate, in planning an individualized program.(2) The educational diagnostician is able to:(A) use assessment and evaluation information to plan individualized programs, establish measurable annual goals and objectives, and make instructional decisions that result in appropriate services for individuals with disabilities, including those from culturally and/or linguistically diverse backgrounds;(B) interpret and use assessment and evaluation data for targeted instruction and ongoing review; and(C) assist in identifying realistic expectations for educationally relevant behavior (e.g., vocational, functional, academic, social) in various settings.(f) Standard V. The educational diagnostician knows eligibility criteria and procedures for identifying students with disabilities and determining the presence of an educational need.(1) The educational diagnostician knows and understands:(A) characteristics of individuals with disabilities, including those with different levels of severity and with multiple disabilities;(B) educational implications of various disabilities; and(C) the variation in ability exhibited by individuals with particular types of disabilities.(2) The educational diagnostician is able to:(A) access information on the cognitive, communicative, physical, social, and emotional characteristics of individuals with disabilities and the assistive technology needs of those students;(B) gather background information regarding the academic, medical, and family history of individuals with disabilities; and(C) use various types of assessment and evaluation procedures appropriately to identify students with disabilities and to determine the presence of an educational need.(g) Standard VI. The educational diagnostician selects, administers, and interprets appropriate formal and informal assessments and evaluations.(1) The educational diagnostician knows and understands:(A) basic terminology used in assessment and evaluation;(B) standards for test reliability;(C) standards for test validity;(D) procedures used in standardizing assessment instruments;(E) possible sources of test error;(F) the meaning and use of basic statistical concepts used in assessment and evaluation (e.g., standard error of measurement, mean, standard deviation);(G) uses and limitations of each type of assessment instrument;(H) uses and limitations of various types of assessment data;(I) procedures for screening, prereferral, including RTI (e.g., response to intervention/multi-tiered support), referral, and eligibility;(J) the appropriate application and interpretation of derived scores (e.g., standard scores, percentile ranks, age and grade equivalents, stanines);(K) the necessity of monitoring the progress of individuals with disabilities;(L) methods of academic and nonacademic (e.g., vocational, transition, developmental, assistive technology) assessment and evaluation; and(M) methods of motor skills assessment.(2) The educational diagnostician is able to:(A) collaborate with families and other professionals in the assessment and evaluation of individuals with disabilities;(B) select and use assessment and evaluation materials based on technical quality and individual student needs;(C) score assessment and evaluation instruments accurately;(D) create and maintain assessment reports;(E) select or modify assessment procedures to ensure nonbiased results;(F) use a variety of observation techniques;(G) assess and interpret information using formal/informal instruments and procedures in the areas of cognitive/adaptive behavior and academic skills;(H) determine the need for further assessment in the areas of language skills, physical skills, social/emotional behavior, and assistive technology;(I) determine a student's needs in various curricular areas and make intervention, instructional, and transition planning recommendations based on assessment and evaluation results;(J) make recommendations based on assessment and evaluation results;(K) prepare assessment reports; and(L) use performance data and information from teachers, other professionals, individuals with disabilities, and parents/guardians to make or suggest appropriate modifications and/or accommodations within learning environments.(h) Standard VII. The educational diagnostician understands and applies knowledge of ethnic, linguistic, cultural, and socioeconomic diversity and the significance of student diversity for evaluation, planning, and instruction.(1) The educational diagnostician knows and understands:(A) issues related to definition and identification procedures for individuals with disabilities, including individuals from culturally and/or linguistically diverse backgrounds;(B) characteristics and effects of the cultural and environmental backgrounds of students and their families, including cultural and linguistic diversity, socioeconomic diversity, abuse/neglect, and substance abuse;(C) issues related to the representation in special education of populations that are culturally and linguistically diverse;(D) ways in which native language and diversity may affect evaluation; and(E) strategies that are responsive to the diverse backgrounds and particular disabilities of individuals in relation to evaluation, programming, and placement.(2) The educational diagnostician is able to:(A) apply knowledge of cultural and linguistic factors to make appropriate evaluation decisions and instructional recommendations for individuals with disabilities; and(B) recognize how student diversity and particular disabilities may affect evaluation, programming, and placement and use procedures that ensure nonbiased results.(i) Standard VIII. The educational diagnostician knows and demonstrates skills necessary for scheduling, time management, and organization.(1) The educational diagnostician knows and understands:(A) time-management strategies and systems appropriate for various educational situations and environments;(B) legal and regulatory timelines, schedules, deadlines, and reporting requirements; and(C) methods for organizing, maintaining, accessing, and storing records and information.(2) The educational diagnostician is able to:(A) select, adapt, or design forms to facilitate planning, scheduling, and time management;(B) maintain eligibility folders; and(C) use technology appropriately to organize information and schedules.(j) Standard IX. The educational diagnostician addresses students' behavioral and social interaction skills through appropriate assessment, evaluation, planning, and instructional strategies.(1) The educational diagnostician knows and understands:(A) requirements and procedures for functional behavioral assessment, manifestation determination review, and behavioral intervention plans that incorporate positive behavioral supports and interventions;(B) applicable laws, rules and regulations, and procedural safeguards regarding the planning and implementation of behavioral intervention plans for individuals with disabilities;(C) ethical considerations inherent in behavior interventions;(D) teacher attitudes and behaviors that influence the behavior of individuals with disabilities;(E) social skills needed for school, home, community, and work environments;(F) strategies for crisis prevention, intervention, and management;(G) strategies for preparing individuals to live productively in a multiclass, multiethnic, multicultural, and multinational world; and(H) key concepts in behavior intervention (e.g., least intrusive accommodations/ modifications within the learning environment, reasonable expectations for social behavior, social skills curricula, cognitive behavioral strategies).(2) The educational diagnostician is able to:(A) conduct functional behavioral assessments;(B) assist in the development of behavioral intervention plans; and(C) participate in manifestation determination review.(k) Standard X. The educational diagnostician knows and understands appropriate curricula and instructional strategies for individuals with disabilities.(1) The educational diagnostician knows and understands:(A) instructional strategies, technology tools and applications, and curriculum materials for students with disabilities within the continuum of services;(B) varied learning styles of individuals with disabilities;(C) curricula for the development of motor, cognitive, academic, social, language, affective, career, and functional skills for individuals with disabilities;(D) techniques for accommodating and/or modifying instructional methods and materials for individuals with disabilities;(E) functional skills instruction relevant to transitioning across environments (e.g., preschool to elementary school, school to work);(F) supports needed for integration into various program placements; and(G) individualized assessment strategies for instruction (e.g., authentic assessment, contextual assessment, curriculum-based assessment).(2) The educational diagnostician is able to:(A) interpret and use assessment and evaluation data for instructional planning; and(B) use assessment and evaluation, planning, and management procedures that are appropriate in relation to student needs and the instructional environment.</content><note type="source"><p>Source Note: The provisions of this §239.83 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scC/s239.84"><num value="239.84">§239.84</num><heading>Requirements for the Issuance of the Standard Educational Diagnostician Certificate</heading><content>To be eligible to receive the standard Educational Diagnostician Certificate, a candidate must:(1) successfully complete an educational diagnostician preparation program that meets the requirements of §239.82 of this title (relating to Preparation Program Requirements) and §239.83 of this title (relating to Standards Required for the Educational Diagnostician Certificate);(2) successfully complete the examination based on the standards identified in §239.83 of this title;(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(4) hold a valid classroom teaching certificate; and(5) have three creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).</content><note type="source"><p>Source Note: The provisions of this §239.84 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scC/s239.85"><num value="239.85">§239.85</num><heading>Requirements to Renew the Standard Educational Diagnostician Certificate</heading><content>(a) An individual issued the standard Educational Diagnostician Certificate under this title is subject to Chapter 232, Subchapter A, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).(b) An individual who holds a valid Texas educational diagnostician certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.3 of this title (relating to Voluntary Renewal of Current Texas Educators).</content><note type="source"><p>Source Note: The provisions of this §239.85 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201; amended to be effective December 21, 2017, 42 TexReg 7144.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scC/s239.86"><num value="239.86">§239.86</num><heading>Implementation Date</heading><content>The provisions of this subchapter apply to an applicant who is admitted to an educator preparation program for the Educational Diagnostician Certificate on or after September 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §239.86 adopted to be effective December 21, 2017, 42 TexReg 7144.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c239/scD"><num value="D">SUBCHAPTER D</num><heading>READING SPECIALIST CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p7/c239/scD/s239.90"><num value="239.90">§239.90</num><heading>General Provisions</heading><content>(a) Because the reading specialist plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the Reading Specialist Certificate is of the highest caliber and possesses the knowledge and skills necessary to improve the performance of the diverse student population of this state.(b) An individual serving as a reading specialist is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.(c) The holder of the Reading Specialist Certificate issued under the provisions of this subchapter may teach reading to students in Prekindergarten-Grade 12.</content><note type="source"><p>Source Note: The provisions of this §239.90 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective July 13, 2004, 29 TexReg 6645; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scD/s239.91"><num value="239.91">§239.91</num><heading>Minimum Requirements for Admission to a Reading Specialist Preparation Program</heading><content>(a) Prior to admission to an educator preparation program leading to the standard Reading Specialist Certificate, an individual must:(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(2) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §239.91 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scD/s239.92"><num value="239.92">§239.92</num><heading>Preparation Program Requirements</heading><content>(a) Structured, field-based training must be focused on actual experiences with each of the standards identified in the State Board for Educator Certification-approved reading specialist standards to include experiences with diverse types of students, grade levels, and campuses.(b) An educator preparation program must develop and implement specific criteria and procedures that allow a candidate to substitute related professional reading specialist training and/or experience directly related to the standards identified in subsection (a) of this section for part of the preparation coursework or other program requirements.</content><note type="source"><p>Source Note: The provisions of this §239.92 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scD/s239.93"><num value="239.93">§239.93</num><heading>Requirements for the Issuance of the Reading Specialist Certificate</heading><content>To be eligible to receive the standard Reading Specialist Certificate, a candidate must:(1) successfully complete a reading specialist preparation program that meets the requirements of §239.92 of this title (relating to Preparation Program Requirements);(2) successfully complete the examination based on the standards identified in §239.92 of this title;(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(4) have two creditable years teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).</content><note type="source"><p>Source Note: The provisions of this §239.93 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scD/s239.94"><num value="239.94">§239.94</num><heading>Requirements to Renew the Standard Reading Specialist Certificate</heading><content>(a) An individual issued the standard Reading Specialist Certificate under this title is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).(b) An individual who holds a valid Texas reading specialist certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).</content><note type="source"><p>Source Note: The provisions of this §239.94 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scD/s239.95"><num value="239.95">§239.95</num><heading>Transition and Implementation Dates</heading><content>Section 239.93 of this title (relating to Requirements for the Issuance of the Reading Specialist Certificate) shall be implemented on September 1, 2003, and shall supersede all conflicting provisions in this title on September 1, 2004. All other sections of this subchapter shall take effect pursuant to the Texas Government Code, §2001.036.</content><note type="source"><p>Source Note: The provisions of this §239.95 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c239/scE"><num value="E">SUBCHAPTER E</num><heading>LEGACY MASTER TEACHER CERTIFICATE</heading><section identifier="/us/state/tx/tac/t19/p7/c239/scE/s239.101"><num value="239.101">§239.101</num><heading>General Provisions for Legacy Master Teacher Certificates</heading><content>(a) A Legacy Master Teacher certificate will be issued to individuals who held valid or inactive master teacher certificates on August 31, 2019.(b) Legacy Master Teacher certificates do not expire and are not subject to renewal requirements.(c) Any suspension of or condition on an educator's master teacher certificate in accordance with Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) will apply to the educator's Legacy Master Teacher certificate upon issuance.(d) All other standard certificates held by the Legacy Master Teacher certificate holders are subject to renewal and continual professional education requirements as prescribed by Chapter 232 of this title (relating to General Certification Provisions).(e) A legacy master teacher may serve as a mentor to other teachers in the subject area of his or her Legacy Master Teacher certification.(f) A legacy master teacher may teach in assignments as specified in Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments).</content><note type="source"><p>Source Note: The provisions of this §239.101 adopted to be effective December 27, 2020, 45 TexReg 9201.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c239/scE/s239.103"><num value="239.103">§239.103</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Expired--An expired credential is no longer valid because it was issued for a specific term, and the ending date has passed.(2) Inactive--An inactive certificate does not currently entitle the certificate holder to work as a professional educator in a Texas public school. A certificate is placed on inactive status when one or more of the following conditions exists, and the certificate is returned to valid status once an educator satisfies the condition or conditions that caused the certificate to be placed on inactive status:(A) the holder's standard certificate has not been renewed;(B) the certificate holder has not completed fingerprinting as required by the Texas Education Code, §22.0831; or(C) the certificate holder has fees pending.(3) Master teacher certificate--a Master Reading Teacher, Master Mathematics Teacher, Master Science Teacher, or Master Technology Teacher certificate issued by the State Board for Educator Certification that, effective September 1, 2019, was no longer issued or renewed.(4) Valid--A valid certificate qualifies the holder for employment as an educator in a Texas public school, is not expired or inactive, and is not subject to an active suspension, surrender, cancellation, or revocation.</content><note type="source"><p>Source Note: The provisions of this §239.103 adopted to be effective December 27, 2020, 45 TexReg 9201.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c241"><num value="241">CHAPTER 241</num><heading>CERTIFICATION AS PRINCIPAL</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c241/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.1"><num value="241.1">§241.1</num><heading>General Provisions</heading><content>(a) The Principal as Instructional Leader certificate may be issued no earlier than December 1, 2018, and Principal as Instructional Leader Endorsement may be issued no earlier than September 1, 2019.(b) The holder of the Principal as Instructional Leader certificate issued under the provisions of this chapter may serve as a principal or assistant principal in a Texas public school.</content><note type="source"><p>Source Note: The provisions of this §241.1 adopted to be effective December 23, 2018, 43 TexReg 8114; amended to be effective December 29, 2022, 47 TexReg 8666.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.5"><num value="241.5">§241.5</num><heading>Minimum Requirements for Admission to a Principal Preparation Program</heading><content>(a) Prior to admission to an educator preparation program (EPP) leading to the Principal as Instructional Leader certificate, an individual must hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.(b) An EPP may adopt requirements for admission in addition to those required in subsection (a) of this section.(c) The EPP shall implement procedures that include screening activities to determine the candidate's appropriateness for the Principal as Instructional Leader certificate as identified in Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).</content><note type="source"><p>Source Note: The provisions of this §241.5 adopted to be effective December 23, 2018, 43 TexReg 8114; amended to be effective December 29, 2022, 47 TexReg 8666.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.10"><num value="241.10">§241.10</num><heading>Preparation Program Requirements for Principal as Instructional Leader Certificate</heading><content>(a) The standards identified in §241.15 of this title (relating to Standards Required for the Principal as Instructional Leader Certificate) and Chapter 228 of this title (relating to Requirements for Educator Preparation Programs) shall be the curricular basis for an educator preparation program (EPP) preparing candidates to be principals. The EPP shall establish benchmarks and structured assessments of the candidate's progress and needed growth throughout the EPP based on the standards identified in §241.15 of this title.(b) The principal preparation program shall include a field-based practicum whereby a candidate must demonstrate proficiency in each of the standards identified in §241.15 of this title.(c) An EPP may develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §241.15 of this title for part of the preparation requirements.(d) The calculation determining an EPP's accountability rating in accordance with Chapter 229 of this title shall not include a candidate's performance on the Principal as Instructional Leader pilot examination.</content><note type="source"><p>Source Note: The provisions of this §241.10 adopted to be effective December 23, 2018, 43 TexReg 8114.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.15"><num value="241.15">§241.15</num><heading>Standards Required for the Principal as Instructional Leader Certificate</heading><content>(a) Principal as Instructional Leader Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program (EPP) in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Principal as Instructional Leader certificate. The standards also serve as the foundation for the individual assessment, professional growth plan, and continuing professional education activities required by 241.30 of this title (relating to Requirements to Renew the Standard Principal as Instructional Leader Certificate).(b) School Culture. The principal:(1) ensures that a positive, collaborative, and collegial school culture facilitates and enhances the implementation of campus initiatives and the achievement of campus goals;(2) uses emerging issues, recent research, demographic data, knowledge of systems, campus climate inventories, student learning data, and other information to collaboratively develop a shared campus vision;(3) facilitates the collaborative development of a plan in which objectives and strategies to implement the campus vision are clearly articulated;(4) supports the implementation of the campus vision by aligning financial, human, and material resources;(5) establishes processes to assess and modify the plan of implementation to ensure achievement of the campus vision;(6) acknowledges, recognizes, and celebrates the contributions of students, staff, parents, and community members toward the realization of the campus vision;(7) models and promotes the continuous and appropriate development of all learners, including faculty and staff, in the campus community;(8) uses strategies to ensure the development of collegial relationships and effective collaboration of campus staff;(9) develops and uses effective conflict-management and consensus-building skills;(10) establishes and communicates consistent expectations for staff and students, providing supportive feedback to ensure a positive campus environment;(11) implements effective strategies to systematically gather input from all campus stakeholders, supporting innovative thinking and an inclusive culture;(12) creates an atmosphere of safety that encourages the social, emotional, and physical well-being of staff and students and creates an inclusive school environment; and(13) ensures that parents and other members of the community are an integral part of the campus culture and fosters parent involvement.(c) Leading Learning. The principal:(1) creates a campus culture that sets high expectations, promotes learning, and provides intellectual stimulation for self, students, and staff;(2) prioritizes instruction and student achievement by understanding, sharing, and promoting a clear definition of high-quality instruction based on best practices from recent research;(3) routinely monitors and improves instruction by visiting classrooms, engaging in formative, evidence-based appraisal processes and conferences with teachers, and attending grade or team meetings;(4) facilitates the use of sound research-based practice in the development and implementation of campus curricular, co-curricular, and extracurricular programs to fulfill academic, developmental, social, and cultural needs, including the needs of students with disabilities;(5) facilitates campus participation in collaborative school district planning, implementation, monitoring, and curriculum revision to ensure appropriate scope, sequence, content, and alignment;(6) implements a rigorous curriculum aligned with state standards, including college and career readiness standards;(7) analyzes the curriculum to ensure that teachers align content across grades and that curricular scopes and sequences meet the particular needs of their diverse student populations, including curriculum and instruction management for students with disabilities;(8) monitors and ensures staff uses multiple forms of student data to inform instruction and intervention decisions to maximize instructional effectiveness and student achievement;(9) ensures that effective instruction maximizes growth of individual students and student groups, supports equity, and eliminates the achievement gap;(10) ensures staff have the capacity and time to collaboratively and individually use classroom formative and summative assessment data to inform effective instructional practices and interventions; and(11) facilitates the use and integration of technology, telecommunications, and information systems that enhance learning.(d) Human Capital. The principal:(1) invests and manages time to prioritize the development, support, and supervision of the staff to enhance student outcomes;(2) ensures all staff have clear expectations that guide them and by which they are assessed, including the use of and familiarity with evidence-based appraisal rubrics, where applicable;(3) uses data from multiple points of the year to complete accurate appraisals of all staff, using evidence from regular observations, student data, and other sources to evaluate the effectiveness of teachers and staff;(4) coaches and develops educators by conducting conferences, giving individualized feedback, and supporting individualized professional growth opportunities;(5) facilitates the campus's professional learning community to review data, processes, and policies in order to improve teaching and learning in the school;(6) creates opportunities for effective staff to take on a variety of leadership roles and appropriately delegates responsibilities to staff and administrators on the leadership team;(7) collaboratively develops, implements, and revises a comprehensive and on-going plan for professional development of campus staff that addresses staff needs based on staff appraisal trends, goals, and student information;(8) ensures the effective implementation of a continuum of professional development by the appropriate allocation of time, funding, and other needed resources;(9) implements effective, legal, and appropriate strategies for the recruitment, selection, assignment, and induction of campus staff; and(10) plans for and adopts early hiring practices.(e) Executive Leadership. The principal:(1) reflects on his or her practice, seeks and acts on feedback, and strives to continually improve, learn, and grow;(2) engages in ongoing and meaningful professional growth activities to further develop knowledge and skills and to model lifelong learning;(3) uses strong communication skills, understands how to communicate a message in different ways to meet the needs of various audiences, and develops and implements strategies for effective internal and external communications;(4) develops and implements a comprehensive program of community relations, which uses strategies that will effectively involve and inform multiple constituencies;(5) establishes partnerships with parents, businesses, and other groups in the community to strengthen programs and support campus goals;(6) demonstrates awareness of social and economic issues that exist within the school and community that could impact campus operations and student learning;(7) gathers and organizes information from a variety of sources for use in creative and effective campus decision making;(8) frames, analyzes, and creatively resolves campus problems using effective problem-solving techniques to make timely, high-quality decisions;(9) develops, implements, and evaluates change processes for organizational effectiveness;(10) uses effective planning, time management, and organization of work to maximize attainment of school district and campus goals; and(11) keeps staff inspired and focused on the campus vision while supporting effective change management.(f) Strategic Operations. The principal:(1) assesses current campus needs, reviewing a wide set of evidence to determine the campus's priorities, and sets ambitious and measurable school goals, targets, and strategies that form the campus's strategic plan;(2) outlines and tracks meaningful goals, targets, and strategies aligned to a school vision that continuously improves teacher effectiveness and student outcomes;(3) allocates resources effectively (e.g., staff time, dollars, and tools), aligning them to the school priorities and goals, and works to access additional resources as needed to support learning;(4) establishes structures to regularly monitor multiple data points with leadership teams to evaluate progress toward goals, adjusting strategies to improve effectiveness;(5) implements appropriate management techniques and group processes to define roles, assign functions, delegate authority, and determine accountability for campus goal attainment;(6) implements strategies that enable the physical plant, equipment, and support systems to operate safely, efficiently, and effectively to maintain a conducive learning environment;(7) applies local, state, and federal laws and policies to support sound decisions while considering implications related to all school operations and programs;(8) collaboratively plans and effectively manages the campus budget;(9) uses technology to enhance school management;(10) facilitates the effective coordination of campus curricular, co-curricular, and extracurricular programs in relation to each other and other school district programs; and(11) collaborates with district staff to implement district policies and advocates for the needs of district students and staff.(g) Ethics, Equity, and Diversity. The principal:(1) implements policies and procedures that encourage all campus personnel to comply with Chapter 247 of this title (relating to Educators' Code of Ethics);(2) models and promotes the highest standard of conduct, ethical principles, and integrity in decision making, actions, and behaviors;(3) ensures that reports of educator misconduct, including inappropriate relationships between educators and students, are properly reported so appropriate investigations can be conducted;(4) models and promotes the continuous and appropriate development of all learners in the campus community;(5) ensures all students have access to effective educators and continuous learning opportunities;(6) promotes awareness and appreciation of diversity throughout the campus community;(7) implements special campus programs to ensure that all students are provided quality, flexible instructional programs and services to meet individual student needs, including instructional and curricular supports for students with disabilities;(8) articulates the importance of education in creating engaged citizens in a free democratic society;(9) communicates productively with all audiences through strong communication skills and understands how to communicate a message in different ways to meet the needs of various audiences; and(10) treats all members of the community with respect and develops strong, positive relationships with them to create an inclusive school environment.</content><note type="source"><p>Source Note: The provisions of this §241.15 adopted to be effective December 23, 2018, 43 TexReg 8114; amended to be effective December 29, 2022, 47 TexReg 8666.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.20"><num value="241.20">§241.20</num><heading>Requirements for the Issuance of the Standard Principal as Instructional Leader Certificate</heading><content>To be eligible to receive the standard Principal as Instructional Leader certificate, a candidate must:(1) successfully complete the appropriate examinations required under Chapter 230, Subchapter C, of this title (relating to Assessment of Educators);(2) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(3) hold a valid classroom teaching certificate;(4) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of Part 2 of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2); and(5) successfully complete a principal preparation program that meets the requirements of §241.10 of this title (relating to Preparation Program Requirements for Principal as Instructional Leader Certificate), §241.15 of this title (relating to Standards Required for the Principal as Instructional Leader Certificate), Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates), and Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).</content><note type="source"><p>Source Note: The provisions of this §241.20 adopted to be effective December 23, 2018, 43 TexReg 8114; amended to be effective December 29, 2022, 47 TexReg 8666.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.25"><num value="241.25">§241.25</num><heading>Requirements for the First-Time Principal in Texas</heading><content>(a) A principal or assistant principal employed for the first-time as a campus administrator (including the first time in the state) shall participate in an induction period of at least one year.(b) The induction period should be a structured, systemic process for assisting the new principal or assistant principal in further developing skills in guiding the everyday operation of a school, adjusting to the particular culture of a school district, and developing a personal awareness of self in the campus administrator role. Mentoring support must be an integral component of the induction period.</content><note type="source"><p>Source Note: The provisions of this §241.25 adopted to be effective December 23, 2018, 43 TexReg 8114.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.30"><num value="241.30">§241.30</num><heading>Requirements to Renew the Standard Principal as Instructional Leader Certificate and Principal Certificate</heading><content>(a) An individual who holds a standard Principal as Instructional Leader certificate and Principal certificate is subject to Chapter 232, Subchapter A, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).(b) To satisfy the requirements of this section, an individual must complete 200 clock-hours of continuing professional education every five years directly related to the standards in §241.15 of this title (relating to Standards Required for the Principal as Instructional Leader Certificate).(c) An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, may voluntarily comply with the requirements for continuing professional education in this section.</content><note type="source"><p>Source Note: The provisions of this §241.30 adopted to be effective December 23, 2018, 43 TexReg 8114; amended to be effective December 29, 2022, 47 TexReg 8666.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c241/sc/s241.35"><num value="241.35">§241.35</num><heading>Requirements for the Issuance of the Principal as Instructional Leader Endorsement</heading><content>To be eligible to receive the Principal as Instructional Leader Endorsement, a candidate must:(1) hold a valid certificate to serve in the role of principal; and(2) successfully complete the appropriate examinations required under Chapter 230, Subchapter C, of this title (relating to Assessment of Educators).</content><note type="source"><p>Source Note: The provisions of this §241.35 adopted to be effective December 23, 2018, 43 TexReg 8114; amended to be effective December 29, 2022, 47 TexReg 8666.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c242"><num value="242">CHAPTER 242</num><heading>SUPERINTENDENT CERTIFICATE</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c242/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p7/c242/sc/s242.1"><num value="242.1">§242.1</num><heading>General Provisions</heading><content>(a) Due to the critical role the superintendent plays in school district effectiveness and student achievement, the rules adopted by the State Board for Educator Certification ensure that each candidate for the Superintendent Certificate is of the highest caliber and possesses the knowledge and skills necessary for success.(b) As required by the Texas Education Code, §21.046(b)(1)-(6), the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate) emphasize instructional leadership; administration, supervision, and communication skills; curriculum and instruction management; performance evaluation; organization; and fiscal management.(c) An individual serving as a superintendent is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both school district leadership and student learning is essential.(d) The holder of the Superintendent Certificate issued under the provisions of this chapter may serve as a superintendent, principal, or assistant principal in a Texas public school.</content><note type="source"><p>Source Note: The provisions of this §242.1 adopted to be effective October 25, 2009, 34 TexReg 7202.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c242/sc/s242.5"><num value="242.5">§242.5</num><heading>Minimum Requirements for Admission to a Superintendent Preparation Program</heading><content>(a) Prior to admission to an educator preparation program leading to the Superintendent Certificate, an individual must hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.(c) The educator preparation program shall implement procedures that include screening activities to determine the candidate's appropriateness for the Superintendent Certificate as identified in Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).</content><note type="source"><p>Source Note: The provisions of this §242.5 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective April 28, 2002, 27 TexReg 3354; amended to be effective October 25, 2009, 34 TexReg 7202.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c242/sc/s242.10"><num value="242.10">§242.10</num><heading>Preparation Program Requirements</heading><content>(a) The design of the superintendent preparation program resides with the State Board for Educator Certification-approved educator preparation program and curricula and coursework shall be based upon the standards in §242.15 of this title (relating to Standards Required for the Superintendent Certificate) and Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).(b) The superintendent preparation program shall include a field-based practicum whereby candidates must demonstrate proficiency in each of the standards identified in §242.15 of this title.(c) An educator preparation program may develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §242.15 of this title for part of the preparation requirements.</content><note type="source"><p>Source Note: The provisions of this §242.10 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c242/sc/s242.15"><num value="242.15">§242.15</num><heading>Standards Required for the Superintendent Certificate</heading><content>(a) Superintendent Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Superintendent Certificate. The standards also serve as the foundation for the individual assessment, professional growth plan, and continuing professional education activities required by §242.30 of this title (relating to Requirements to Renew the Standard Superintendent Certificate).(b) Learner-Centered Values and Ethics of Leadership. A superintendent is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner. A superintendent understands, values, and is able to:(1) model and promote the highest standard of conduct, ethical principles, and integrity in decision making, actions, and behaviors;(2) implement policies and procedures that encourage all school district personnel to comply with Chapter 247 of this title (relating to Educators' Code of Ethics);(3) serve as an articulate spokesperson for the importance of education in a free democratic society;(4) enhance teaching and learning by participating in quality professional development activities, study of current professional literature and research, and interaction with the school district's staff and students;(5) maintain personal physical and emotional wellness; and(6) demonstrate the courage to be a champion for children.(c) Learner-Centered Leadership and School District Culture. A superintendent is an educational leader who promotes the success of all students and shapes school district culture by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. A superintendent understands, values, and is able to:(1) establish and support a school district culture that promotes learning, high expectations, and academic rigor for self, student, and staff performance;(2) facilitate the development and implementation of a shared vision that focuses on teaching and learning;(3) implement strategies for the involvement of all stakeholders in the planning processes and facilitate planning between constituencies;(4) conduct and analyze school district/campus climate inventories for effective and responsive decision making;(5) institute and monitor planning processes that include strategies designed to ensure the accomplishment of school district goals and objectives to achieve the school district's vision;(6) facilitate the use and allocation of all available resources to support the implementation of the school district's vision and goals;(7) recognize and celebrate contributions of staff and community toward realization of the school district's vision;(8) demonstrate an awareness of emerging issues and trends affecting the education community;(9) encourage and model innovative thinking and risk taking and view problems as learning opportunities; and(10) promote multicultural awareness, gender sensitivity, and the appreciation of diversity in the education community.(d) Learner-Centered Human Resources Leadership and Management. A superintendent is an educational leader who promotes the success of all students by implementing a staff evaluation and development system to improve the performance of all staff members, selects and implements appropriate models for supervision and staff development, and applies the legal requirements for personnel management. A superintendent understands, values, and is able to:(1) develop, implement, and evaluate a comprehensive professional development plan designed specifically to address areas of identified school district, campus, and/or staff need;(2) facilitate the application of adult learning principles to all professional development activities, including the use of relevant issues and tasks and the use of support and follow-up strategies to facilitate implementation;(3) implement strategies to enhance professional capabilities at the school district and campus level to ensure support for a continuum of services and programming;(4) deliver effective presentations and facilitate the learning of both small and large groups;(5) implement effective strategies for the recruitment, selection, induction, development, and promotion of staff;(6) develop and institute comprehensive staff evaluation models appropriate to the position held that include both formative and summative assessment and appraisal strategies;(7) demonstrate use of school district and staff evaluation data for personnel policy development and decision making;(8) demonstrate and apply knowledge of certification requirements and standards; and(9) diagnose and improve organizational health/morale by the implementation of strategies and programs designed to provide on-going assistance and support to personnel.(e) Learner-Centered Policy and Governance. A superintendent is an educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context and by working with the board of trustees to define mutual expectations, policies, and standards. A superintendent understands, values, and is able to:(1) define and apply the general characteristics of internal and external political systems to the educational organization;(2) demonstrate and apply appropriate knowledge of legal issues affecting education;(3) provide leadership in defining superintendent and board of trustees roles, mutual expectations, and effective superintendent-board of trustees working relationships;(4) determine the political, economic, and social aspects and/or needs of groups in the community, and those of the community at large, for effective and responsive decision making;(5) prepare and recommend school district policies to improve student learning and school district performance in compliance with state and federal requirements;(6) use legal systems to protect the rights of students and staff and to improve learning opportunities;(7) apply laws, policies, and procedures fairly, wisely, and considerately; and(8) access state and national political systems to provide input on critical educational issues.(f) Learner-Centered Communications and Community Relations. A superintendent is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. A superintendent understands, values, and is able to:(1) develop and implement an effective and comprehensive school district internal and external communications plan and public relations program;(2) analyze community and school district structures and identify major opinion leaders and their relationships to school district goals and programs;(3) establish partnerships with parents, area businesses, institutions of higher education, and community groups to strengthen programs and support school district goals;(4) implement effective strategies to systematically communicate with and gather input from all stakeholders in the school district;(5) communicate effectively with all social, cultural, ethnic, and racial groups in the school district and community;(6) develop and use formal and informal techniques to obtain accurate perceptions of the school district staff, parents, and community;(7) use effective consensus-building and conflict-management skills;(8) articulate the school district's vision and priorities to the community and to the media;(9) influence the media by using proactive communication strategies that serve to enhance and promote the school district's vision;(10) communicate an articulate position on educational issues; and(11) demonstrate effective and forceful writing, speaking, and active listening skills.(g) Learner-Centered Organizational Leadership and Management. A superintendent is an educational leader who promotes the success of all students by leadership and management of the organization, operations, and resources for a safe, efficient, and effective learning environment. A superintendent understands, values, and is able to:(1) implement appropriate management techniques and group processes to define roles, assign functions, delegate effectively, and determine accountability for goal attainment;(2) implement processes for gathering, analyzing, and using data for informed decision making;(3) frame, analyze, and resolve problems using appropriate problem-solving techniques and decision-making skills;(4) develop, implement, and evaluate change processes for organizational effectiveness;(5) implement strategies that enable the physical plant, equipment, and support systems to operate safely, efficiently, and effectively to maintain a conducive learning environment throughout the school district;(6) apply legal concepts, regulations, and codes for school district operations;(7) perform effective budget planning, management, account auditing, and monitoring and establish school district procedures for accurate and effective fiscal reporting;(8) acquire, allocate, and manage resources according to school district vision and priorities;(9) manage one's own time and the time of others to maximize attainment of school district goals; and(10) use technology to enhance school district operations.(h) Learner-Centered Curriculum Planning and Development. A superintendent is an educational leader who promotes the success of all students by facilitating the design and implementation of curricula and strategic plans that enhance teaching and learning; alignment of curriculum, curriculum resources, and assessment; and the use of various forms of assessment to measure student performance. A superintendent understands, values, and is able to:(1) apply understanding of pedagogy, cognitive development, and child and adolescent growth and development to facilitate effective school district curricular decisions;(2) implement curriculum planning methods to anticipate and respond to occupational and economic trends and to achieve optimal student learning;(3) implement core curriculum design and delivery systems to ensure instructional continuity and instructional integrity across the school district;(4) develop and implement collaborative processes for the systematic assessment and renewal of the curriculum to ensure appropriate scope, sequence, content, and alignment;(5) evaluate and provide direction for improving school district curriculum in ways that are based upon sound, research-based practices;(6) facilitate the use of technology, telecommunications, and information systems to enrich the school district curriculum and enhance learning for all students;(7) facilitate the use of creative, critical-thinking, and problem-solving tools by staff and other school district stakeholders; and(8) facilitate the effective coordination of school district and campus curricular and extracurricular programs.(i) Learner-Centered Instructional Leadership and Management. A superintendent is an educational leader who promotes the success of all students by advocating, nurturing, and sustaining a school district culture and instructional program conducive to student learning and staff professional growth. A superintendent understands, values, and is able to:(1) apply knowledge and understanding of motivational theories to create conditions that empower staff, students, families, and the community to strive to achieve the school district's vision;(2) facilitate the implementation of sound, research-based theories and techniques of classroom management, student discipline, and school safety to ensure a school district environment conducive to learning;(3) facilitate the development of a learning organization that supports instructional improvement, builds and implements an appropriate curriculum, and incorporates best practice;(4) facilitate the ongoing study of current best practice and relevant research and encourage the application of this knowledge to school district/campus improvement initiatives;(5) plan and manage student activity programs to fulfill developmental, social, cultural, athletic, leadership, and scholastic needs (i.e., guidance and counseling programs and services);(6) institute a comprehensive school district program of student assessment, interpretation of data, and reporting of state and national data results;(7) apply knowledge and understanding of special programs to ensure that students with special needs are provided quality, flexible instructional programs and services;(8) analyze and deploy available instructional resources in the most effective and equitable manner to enhance student learning;(9) develop, implement, and evaluate change processes to improve student and adult learning and the climate for learning; and(10) create an environment in which all students can learn.</content><note type="source"><p>Source Note: The provisions of this §242.15 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c242/sc/s242.20"><num value="242.20">§242.20</num><heading>Requirements for the Issuance of the Standard Superintendent Certificate</heading><content>To be eligible to receive the standard Superintendent Certificate, a candidate must:(1) satisfactorily complete an examination based on the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate); and(2) successfully complete a State Board for Educator Certification-approved superintendent preparation program and be recommended for certification by that program; and(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(4) hold, at a minimum, a principal certificate or the equivalent issued under this title or by another state or country; or(5) have at least three creditable years of managerial experience in a public school district.(A) The managerial experience must include responsibility for:(i) supervising or appraising faculty or staff;(ii) conducting district-level planning and coordination of programs, activities, or initiatives; and(iii) creating or maintaining a budget.(B) The candidate must submit an application to Texas Education Agency (TEA) staff for the substitution of managerial experience as defined in this paragraph. The TEA staff will review the application and will notify the applicant, in writing, of approval or denial within 60 calendar days from date of receipt.</content><note type="source"><p>Source Note: The provisions of this §242.20 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective April 28, 2002, 27 TexReg 3354; amended to be effective July 13, 2004, 29 TexReg 6646; amended to be effective October 25, 2009, 34 TexReg 7202; amended to be effective February 28, 2016, 41 TexReg 1246.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c242/sc/s242.25"><num value="242.25">§242.25</num><heading>Requirements for the First-Time Superintendent in Texas</heading><content>(a) A first-time superintendent (including the first time in the state) shall participate in a one-year mentorship that should include at least 36 clock-hours of professional development directly related to the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).(b) During the one-year mentorship, the superintendent should have contact with his or her mentor at least once a month. The mentorship program must be completed within the first 18 months of employment as superintendent in order to maintain the standard certificate.(c) Experienced superintendents willing to serve as mentors must participate in training for the role.</content><note type="source"><p>Source Note: The provisions of this §242.25 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c242/sc/s242.30"><num value="242.30">§242.30</num><heading>Requirements to Renew the Standard Superintendent Certificate</heading><content>(a) An individual who holds the standard Superintendent Certificate is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).(b) To satisfy the requirements of this section, an individual must complete 200 clock-hours of continuing professional education every five years directly related to the standards in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).(c) An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).</content><note type="source"><p>Source Note: The provisions of this §242.30 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c244"><num value="244">CHAPTER 244</num><heading>CERTIFICATE OF COMPLETION OF TRAINING FOR APPRAISERS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c244/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p7/c244/sc/s244.1"><num value="244.1">§244.1</num><heading>General Provisions</heading><content>As authorized by the Texas Education Code (TEC), Chapter 21, Subchapter H, the commissioner of education rules for a recommended teacher appraisal system; for a recommended principal appraisal system; and for a recommended administrator appraisal process for administrators other than principals are codified in Chapter 150 of this title (relating to Commissioner's Rules Concerning Educator Appraisal). Other appraisal systems may be locally developed and adopted by a school district according to the TEC, Chapter 21, Subchapter H, and Chapter 150 of this title.</content><note type="source"><p>Source Note: The provisions of this §244.1 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective October 28, 2010, 35 TexReg 9507; amended to be effective July 1, 2016, 40 TexReg 9291.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c244/sc/s244.2"><num value="244.2">§244.2</num><heading>Training for Appraisers of Educators in School Districts Using a Recommended Appraisal Process</heading><content>(a) The State Board for Educator Certification hereby adopts the appraiser qualifications, required appraiser training, and criteria for acceptable appraiser performance under the recommended teacher appraisal system and the recommended principal appraisal system, as established by the commissioner of education in Chapter 150 of this title (relating to Commissioner's Rules Concerning Educator Appraisal).(b) Training of appraisers shall be provided in accordance with the rules established by the commissioner of education in Chapter 150 of this title. The providers of such training are responsible for verifying completion of the training. The regional education service center designated by the commissioner to serve as the appraiser certification provider for the state is responsible for maintaining documentation and for issuing certification to individuals who have completed training to appraise teachers or principals.(c) A school district using the commissioner-recommended appraisal process for administrators other than principals shall comply with §150.1022(c) of this title (relating to Commissioner-Recommended Administrator Appraisal Process: Procedures) and §244.3 of this title (relating to Training for Appraisers of Educators in School Districts Using Locally-Developed Educator Appraisal Systems).</content><note type="source"><p>Source Note: The provisions of this §244.2 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective October 28, 2010, 35 TexReg 9507; amended to be effective July 1, 2016, 40 TexReg 9291.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c244/sc/s244.3"><num value="244.3">§244.3</num><heading>Training for Appraisers of Educators in School Districts Using Locally-Developed Educator Appraisal Systems</heading><content>A school district that locally develops and adopts its own educator appraisal system should have a clearly defined set of procedures for training appraisers. The school district should identify the qualities appraisers must demonstrate and include appropriate proficiency checks to evaluate the performance of all educators performing appraisals under the district's locally adopted appraisal systems. The school district shall be responsible for documenting that appraisers have met training criteria established by the district.</content><note type="source"><p>Source Note: The provisions of this §244.3 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective October 28, 2010, 35 TexReg 9507.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c245"><num value="245">CHAPTER 245</num><heading>CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c245/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p7/c245/sc/s245.1"><num value="245.1">§245.1</num><heading>General Provisions</heading><content>(a) A Texas educator certificate may be issued to an individual who holds a college degree and an acceptable certificate or other credential issued by the authorized licensing agency in another country and who meets appropriate requirements specified in §230.11 of this title (relating to General Requirements) and in this chapter.(b) The degree held by an applicant from another country must be equivalent to at least a bachelor's degree or higher issued by an accredited institution of higher education in the United States accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board or by the U.S. Department of Education.(c) The certificate(s) or other credential(s) issued by the authorized licensing agency in another country may not be a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. Specific examination or renewal requirements shall not be considered academic or program deficiencies.(d) A statement or approval letter issued by the authorized licensing agency in another country specifying eligibility for full certification upon employment or completion of specified examination requirements shall have the same standing as a certificate.(e) The certificate(s) or other credential(s) and areas of certification issued by the authorized licensing agency in another country must be equivalent to a certificate or grade level that is within the early childhood-Grade 12 level and approved by the State Board for Educator Certification (SBEC). Based on the certificate(s) submitted with the application for review of credentials, the Texas Education Agency (TEA) staff shall identify the certification areas for which the applicant qualifies in Texas. The certificate(s) for which the applicant qualifies may be issued by the TEA staff under the authority of the SBEC.(f) If a Texas examination or certification is scheduled to be eliminated, an individual requesting certification and examination comparability must ensure that the application and all review documentation, including examination scores, are received by TEA staff 60 calendar days before the application submission deadline for the examination and/or certification sought.</content><note type="source"><p>Source Note: The provisions of this §245.1 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective June 23, 2010, 35 TexReg 5195; amended to be effective March 8, 2018, 43 TexReg 1271; amended to be effective May 12, 2022, 47 TexReg 2757.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c245/sc/s245.5"><num value="245.5">§245.5</num><heading>Requirements for Issuance of a Texas Certificate Based on Certification from Another Country</heading><content>(a) The appropriate standard certificate issued under Chapter 230, Subchapter D, of this title (relating to Types and Classes of Certificates Issued), may be issued to an applicant holding an acceptable certificate or other credential and college degree as specified in §245.1 of this title (relating to General Provisions). The applicant must:(1) pass the appropriate examination(s) prescribed in the Texas Education Code (TEC), §21.048(a), and §230.21 of this title (relating to Educator Assessment);(2) achieve an acceptable score on an examination(s) similar to and at least as rigorous as the requirements prescribed in the TEC, §21.048(a), and §230.21 of this title that was administered under the authority of another country. The applicant shall verify in a manner determined by the Texas Education Agency staff the level of performance on acceptable examinations administered under the authority of another country; or(3) qualify for an exemption from required Texas examinations through provisions in §152.1001 of Part 2 of this title (relating to Exceptions to Examination Requirements for Individuals Certified Outside the State).(b) If all certification requirements are met, except successful completion of the appropriate certification examination(s), the applicant who has demonstrated English language proficiency as specified in §230.11 of this title (relating to General Requirements) may request issuance of a one-year certificate in one or more of the certification areas authorized by the certificate(s) or other credential(s) from another country. An applicant who holds only a credential that is equivalent to a student services, principal, or superintendent certificate issued in accordance with Chapter 239 of this title (relating to Student Services Certificates), with the exception of Subchapter E (relating to Legacy Master Teacher Certificate); Chapter 241 of this title (relating to Certification as Principal); or Chapter 242 of this title (relating to Superintendent Certificate) may be issued the equivalent Texas certificate. The applicant must verify two creditable years of public or private school experience, as defined in Chapter 153, Subchapter CC, of Part 2 of this title (relating to Commissioner's Rules on Creditable Years of Service) and the TEC, §5.001(2), in the specific student services or administrative area sought.(c) After satisfying all certification requirements, including all appropriate examination requirements, the applicant is eligible to apply for issuance of the standard certificate issued under Chapter 230, Subchapter D, of this title (relating to Types and Classes of Certificates Issued).(d) An applicant issued a one-year certificate under Chapter 230, Subchapter D, of this title and this chapter, who does not satisfy the appropriate examination requirements to establish eligibility for a standard certificate during the validity of the one-year certificate is not eligible for any type of certificate or permit authorizing employment for the same certification level or area until he or she has satisfied the examination requirements. If, due to extenuating circumstances beyond the control of the educator, examination requirements are not met during the validity period of the one-year certificate, the district may request an extension of the one-year certificate, not to exceed one calendar year in length.(e) An applicant shall not be required to complete the content specialization portion of the certification examination in a certification area for which he or she does not seek standard certification unless the examination is required to establish a base classroom teaching certificate. A supplemental certificate, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), may not be issued as a standard certificate unless the educator has established a classroom teaching certificate and may not be added to a one-year certificate.(f) An applicant issued a one-year certificate under subsection (d) of this section who, during or subsequent to the validity of the one-year certificate, satisfies the appropriate examination requirements and establishes eligibility for a standard certificate may apply for:(1) a new one-year certificate in another certification area based on a certificate or other credential issued by another country; or(2) a second one-year certificate in an area previously authorized on a one-year certificate, provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.</content><note type="source"><p>Source Note: The provisions of this §245.5 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective June 23, 2010, 35 TexReg 5195; amended to be effective March 8, 2018, 43 TexReg 1271; amended to be effective May 12, 2022, 47 TexReg 2757.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c245/sc/s245.10"><num value="245.10">§245.10</num><heading>Application Procedures</heading><content>(a) An individual who has been issued an appropriate certificate or other credential by the authorized licensing agency in another country as specified in §245.1 of this title (relating to General Provisions) may apply for a review of credentials by submitting the following items to the Texas Education Agency (TEA) staff:(1) a completed application;(2) the original detailed report or course-by-course evaluation for professional licensing of all college-level credits prepared by a foreign credential evaluation service recognized by the TEA staff. The evaluation must verify that the individual:(A) holds, at a minimum, the equivalent of a baccalaureate degree issued by an accredited institution of higher education in the United States as specified in §245.1(b) of this title, including the date that the degree was conferred; and(B) has completed an educator preparation program, including a teaching practicum;(3) official transcripts of any additional college credits and/or degrees earned in the United States;(4) copies of any standard certificates issued by another state department of education; and(5) a nonrefundable review fee as specified in Chapter 230, Subchapter G, of this title (relating to Certificate Issuance Procedures).(b) Pursuant to §245.5(b) of this title (relating to Requirements for Issuance of a Texas Certificate Based on Certification from Another Country), an applicant may apply for a one-year certificate by submitting the following items to the TEA staff:(1) a completed application; and(2) the appropriate fee as specified in Chapter 230, Subchapter G, of this title.(c) Pursuant to §245.5(a) of this title, an applicant may apply for a standard certificate by submitting the following items to the TEA staff:(1) a completed application; and(2) the appropriate fee as specified in Chapter 230, Subchapter G, of this title.</content><note type="source"><p>Source Note: The provisions of this §245.10 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective June 23, 2010, 35 TexReg 5195; amended to be effective March 8, 2018, 43 TexReg 1271; amended to be effective May 12, 2022, 47 TexReg 2757.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c245/sc/s245.15"><num value="245.15">§245.15</num><heading>Requests for Evaluation of College Credentials</heading><content>(a) A request to evaluate an applicant's credentials for areas of certification that are not identified on the certificate(s) or other credential(s) issued in accordance with §245.1 of this title (relating to General Provisions) must be directed to a State Board for Educator Certification (SBEC)-approved educator preparation program (EPP) for admission to and recommendation by the EPP for certification.(b) An individual who does not hold a certificate or other credential issued in accordance with §245.1 of this title must seek admission to an SBEC-approved EPP and be recommended by the EPP for certification.</content><note type="source"><p>Source Note: The provisions of this §245.15 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 23, 2010, 35 TexReg 5195; amended to be effective May 12, 2022, 47 TexReg 2757.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c247"><num value="247">CHAPTER 247</num><heading>EDUCATORS' CODE OF ETHICS</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c247/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p7/c247/sc/s247.1"><num value="247.1">§247.1</num><heading>Purpose and Scope; Definitions</heading><content>(a) In compliance with the Texas Education Code, §21.041(b)(8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). The SBEC may amend the ethics code in the same manner as any other formal rule.(b) The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty and good moral character. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community. This chapter shall apply to educators and candidates for certification.(c) The SBEC is solely responsible for enforcing the Educators' Code of Ethics for purposes related to certification disciplinary proceedings. The Educators' Code of Ethics is enforced through the disciplinary procedure set forth in Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) pursuant to the purposes stated therein.(d) As provided in §249.5 of this title (relating to Purpose; Policy Governing Disciplinary Proceedings), the primary goals the SBEC seeks to achieve in educator disciplinary matters are:(1) to protect the safety and welfare of Texas schoolchildren and school personnel;(2) to ensure educators and applicants are morally fit and worthy to instruct or to supervise the youth of the state; and(3) to fairly and efficiently resolve educator disciplinary proceedings at the least expense possible to the parties and the state.(e) The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Abuse--Includes the following acts or omissions:(A) mental or emotional injury to a student or minor that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning;(B) causing or permitting a student or minor to be in a situation in which the student or minor sustains a mental or emotional injury that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning;(C) physical injury that results in substantial harm to a student or minor, or the genuine threat of substantial harm from physical injury to the student or minor, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline; or(D) sexual conduct harmful to a student's or minor's mental, emotional, or physical welfare.(2) Applicant--A party seeking issuance, renewal, or reinstatement of a certificate from the Texas Education Agency staff or the State Board for Educator Certification.(3) Code of Ethics--The Educators' Code of Ethics codified in this chapter.(4) Complaint--A written statement submitted to the Texas Education Agency staff that contains essential facts alleging improper conduct by an educator, applicant, or examinee, the complainant's verifiable contact information, including full name, complete address, and phone number, which provides grounds for sanctions.(5) Contested case--A proceeding under this chapter in which the legal rights, duties, and privileges related to a party's educator certificate are to be determined by the State Board for Educator Certification and/or the State Office of Administrative Hearings commencing when a petition is properly served under this chapter.(6) Disciplinary proceedings--Any matter arising under this chapter or Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) that results in a final order or finding issued by the Texas Education Agency staff, the State Office of Administrative Hearings, or the State Board for Educator Certification relating to the legal rights, duties, privileges, and status of a party's educator certificate.(7) Educator--A person who is required to hold a certificate issued under the Texas Education Code, Chapter 21, Subchapter B.(8) Endanger--Exposure of a student or minor to unjustified risk of injury or to injury that jeopardizes the physical health or safety of the student or minor without regard to whether there has been an actual injury to the student or minor.(9) Good moral character--The virtues of a person as evidenced by patterns of personal, academic, and occupational behaviors that, in the judgment of the State Board for Educator Certification, indicate honesty, accountability, trustworthiness, reliability, and integrity. Lack of good moral character may be evidenced by the commission of crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21), or by the commission of acts involving moral turpitude, but conduct that evidences a lack of good moral character is not necessarily limited to such crimes or acts.(10) Intentionally--An educator acts intentionally, or with intent, with respect to the nature of his or her conduct or to a result of his or her conduct when it is his or her conscious objective or desire to engage in the conduct or cause the result.(11) Knowingly--An educator acts knowingly, or with knowledge, with respect to the nature of his or her conduct or to circumstances surrounding his or her conduct when he or she is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his or her conduct when he or she is aware that the conduct is reasonably certain to cause the result.(12) Minor--A person under 18 years of age.(13) Moral turpitude--Improper conduct, including, but not limited to, the following: dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21); or acts constituting abuse or neglect under the Texas Family Code, §261.001.(14) Neglect--The placing or leaving of a student or minor in a situation where the student or minor would be exposed to a substantial risk of physical or mental harm.(15) Recklessly--An educator acts recklessly, or is reckless, with respect to circumstances surrounding his or her conduct or the results of his or her conduct when he or she is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or that the result will occur.(16) Sanction--A disciplinary action by the State Board for Educator Certification, including a restriction, reprimand, suspension, revocation of a certificate, or a surrender in lieu of disciplinary action.(17) Sexual harassment--Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.(18) State Board for Educator Certification--The State Board for Educator Certification acting through its voting members in a decision-making capacity.(19) State Board for Educator Certification member(s)--One or more of the members of the State Board for Educator Certification, appointed and qualified under the Texas Education Code, §21.033.(20) Student--A person enrolled in a primary or secondary school, whether public, private, or charter, regardless of the person's age, or a person 18 years of age or younger who is eligible to be enrolled in a primary or secondary school, whether public, private, or charter.(21) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's administrative functions and services.(22) Under the influence of alcohol--A blood alcohol content of .04% or greater and/or lacking the normal use of mental or physical faculties by reason of the introduction of alcohol.(23) Worthy to instruct or to supervise the youth of this state--Presence of those moral, mental, and psychological qualities that are required to enable an educator to render the service essential to the accomplishment of the goals and mission of the State Board for Educator Certification policy and this chapter.</content><note type="source"><p>Source Note: The provisions of this §247.1 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective December 26, 2010, 35 TexReg 11242; amended to be effective December 19, 2011, 36 TexReg 8530; amended to be effective December 27, 2016, 41 TexReg 10329; amended to be effective October 21, 2018, 43 TexReg 6839.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c247/sc/s247.2"><num value="247.2">§247.2</num><heading>Code of Ethics and Standard Practices for Texas Educators</heading><content>Enforceable Standards.(1) Professional Ethical Conduct, Practices and Performance.(A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process.(B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage.(C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.(D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage.(E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service.(F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so.(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.(H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications.(I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students.(J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state.(K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment.(L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants.(M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present.(2) Ethical Conduct Toward Professional Colleagues.(A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law.(B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system.(C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel.(D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities.(E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation.(F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues.(G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter.(H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment.(3) Ethical Conduct Toward Students.(A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.(B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.(C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student.(D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation.(E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor.(F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor.(G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator.(H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard.(I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to:(i) the nature, purpose, timing, and amount of the communication;(ii) the subject matter of the communication;(iii) whether the communication was made openly, or the educator attempted to conceal the communication;(iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship;(v) whether the communication was sexually explicit; and(vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.</content><note type="source"><p>Source Note: The provisions of this §247.2 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective August 22, 2002, 27 TexReg 7530; amended to be effective December 26, 2010, 35 TexReg 11242; amended to be effective December 27, 2016, 41 TexReg 10329; amended to be effective October 21, 2018, 43 TexReg 6839.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c249"><num value="249">CHAPTER 249</num><heading>DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c249/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.3"><num value="249.3">§249.3</num><heading>Definitions</heading><content>The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Abuse--This term has the meaning assigned by Texas Family Code, §261.001(1).(2) Administrative denial--A decision or action by the Texas Education Agency staff, acting on behalf of the State Board for Educator Certification, to deny certification (including certification following revocation, cancellation, or surrender of a previously issued certificate), renewal of certification, or reinstatement of a previously suspended certificate based on the withholding or voiding of certification test scores; the invalidation of a certification test registration; evidence of a lack of good moral character; or evidence of improper conduct. (3) Administrative law judge--A person appointed by the chief judge of the State Office of Administrative Hearings under the Texas Government Code, Chapter 2003. (4) Answer--The responsive pleading filed in reply to factual and legal issues raised in a petition. (5) Applicant--A party seeking issuance, renewal, or reinstatement of a certificate from the Texas Education Agency staff or the State Board for Educator Certification. (6) Cancellation--The invalidation of an erroneously issued certificate. (7) Certificate--The whole or part of any educator credential, license, or permit issued under the Texas Education Code, Chapter 21, Subchapter B. The official certificate is the record of the certificate as maintained on the Texas Education Agency's website. (8) Certificate holder--A person who holds an educator certificate issued under the Texas Education Code, Chapter 21, Subchapter B. (9) Chair--The presiding officer of the State Board for Educator Certification, elected pursuant to the Texas Education Code, §21.036, or other person designated by the chair to act in his or her absence or inability to serve. (10) Chief judge--The chief administrative law judge of the State Office of Administrative Hearings. (11) Code of Ethics--The Educators' Code of Ethics codified in Chapter 247 of this title (relating to the Educators' Code of Ethics). (12) Complaint--A written statement submitted to the Texas Education Agency staff that contains essential facts alleging improper conduct by an educator, applicant, or examinee, the complainant's verifiable contact information, including full name, complete address, and phone number, which provides grounds for sanctions. (13) Contested case--A proceeding under this chapter in which the legal rights, duties, and privileges related to a party's educator certificate are to be determined by the State Board for Educator Certification and/or the State Office of Administrative Hearings commencing when a petition is properly served under this chapter. (14) Conviction--An adjudication of guilt for a criminal offense. The term does not include the imposition of deferred adjudication for which the judge has not proceeded to an adjudication of guilt. (15) Deferred adjudication--The resolution of a criminal charge, based on a defendant's plea to the offense of guilty or nolo contendere, which results in the suspension of adjudication of the defendant's guilt and the imposition of conditions such as community supervision or restitution, and, upon successful completion of those conditions, the dismissal of the criminal case. In a contested case under this chapter, the defendant's acceptance of deferred adjudication in a criminal case may be considered as provided by the Texas Occupations Code, §53.021. (16) Disciplinary proceedings--Any matter arising under this chapter or Chapter 247 of this title (relating to the Educators' Code of Ethics) that results in a final order or finding issued by the Texas Education Agency staff, the State Office of Administrative Hearings, or the State Board for Educator Certification relating to the legal rights, duties, privileges, and status of a party's educator certificate. (17) Educator--A person who is required to hold a certificate issued under the Texas Education Code, Chapter 21, Subchapter B. (18) Effective date--The date the decision or action taken by the State Board for Educator Certification or the Texas Education Agency staff becomes final under the appropriate legal authority. (19) Endanger--Exposure of a student or minor to unjustified risk of injury or to injury that jeopardizes the physical health or safety of the student or minor without regard to whether there has been an actual injury to the student or minor. (20) Examinee--A person who registers to take or who takes any examination required by the State Board for Educator Certification for admission to an educator preparation program or to obtain an educator certificate. (21) Expired--No longer valid because a specific period or term of validity of a certificate has ended; an expired certificate is not subject to renewal or revalidation and a new certificate must be issued. (22) Filing--Any written petition, answer, motion, response, other written instrument, or item appropriately filed under this chapter with the Texas Education Agency staff, the State Board for Educator Certification, or the State Office of Administrative Hearings. (23) Good moral character--The virtues of a person as evidenced by patterns of personal, academic, and occupational behaviors that, in the judgment of the State Board for Educator Certification, indicate honesty, accountability, trustworthiness, reliability, and integrity. Lack of good moral character may be evidenced by the commission of crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21), or by the commission of acts involving moral turpitude, but conduct that evidences a lack of good moral character is not necessarily limited to such crimes or acts. (24) Inactive--Lacking current effectiveness. An inactive certificate does not currently entitle the certificate holder to work as a professional educator in Texas public schools. An inactive certificate is distinguished from a certificate that is void or expired by the fact that it can be reactivated by satisfying the condition or conditions that caused it to be placed in inactive status (failure to renew, failure to submit fingerprint information, or payment of fees), subject to any other certification requirements applicable to active certificates. (25) Inappropriate relationship--A violation of Texas Penal Code, §21.12(a); a sexual or romantic relationship with a student or minor; or solicitation of a sexual or romantic relationship with a student or minor. (26) Informal conference--An informal meeting between the Texas Education Agency staff and an educator, applicant, or examinee; such a meeting may be used to give the person an opportunity to show compliance with all requirements of law for the granting or retention of a certificate or test score pursuant to Texas Government Code, §2001.054(c). (27) Invalid--Rendered void; lacking legal or administrative efficacy. (28) Law--The United States and Texas Constitutions, state and federal statutes, regulations, rules, relevant case law, and decisions and orders of the State Board for Educator Certification and the commissioner of education. (29) Mail--Certified United States mail, return receipt requested, first-class United States mail, or electronic mail.(30) Majority--A majority of the voting members of the State Board for Educator Certification who are present and voting on the issue at the time the vote is recorded. (31) Moral turpitude--Improper conduct, including, but not limited to, the following: dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21); or acts constituting abuse or neglect under the Texas Family Code, §261.001. (32) Neglect--The placing or leaving of a student or minor in a situation where the student or minor would be exposed to a substantial risk of physical or mental harm. (33) Party--Each person named or admitted to participate in a contested case under this chapter. (34) Permanent revocation--Revocation without the opportunity to reapply for a new certificate. (35) Person--Any individual, representative, corporation, or other entity, including the following: an educator, applicant, or examinee; the Texas Education Agency staff; or the State Board for Educator Certification, the State Office of Administrative Hearings, or any other agency or instrumentality of federal, state, or local government. (36) Petition--The written pleading served by the petitioner in a contested case under this chapter. (37) Petitioner--The party seeking relief, requesting a contested case hearing under this chapter, and having the burden of proof by a preponderance of the evidence in any contested case hearing or proceeding under this chapter. (38) Physical mistreatment--Any act of unreasonable or offensive touching that would be offensive to a reasonable person in a similar circumstance. It is an affirmative defense that any unreasonable or offensive touching was justified under the circumstances, using a reasonable person standard. (39) Presiding officer--The chair or acting chair of the State Board for Educator Certification. (40) Proposal for decision--A recommended decision issued by an administrative law judge in accordance with the Texas Government Code, §2001.062. (41) Quorum--A majority of the 14 members appointed to and serving on the State Board for Educator Certification (SBEC) pursuant to the Texas Education Code, §21.033; eight SBEC members, including both voting and non-voting members, as specified in the SBEC Operating Policies and Procedures. (42) Recklessly--An educator acts recklessly, or is reckless, with respect to circumstances surrounding his or her conduct or the results of his or her conduct when he or she is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or that the result will occur. (43) Reinstatement--The restoration of a suspended certificate to valid status by the State Board for Educator Certification. (44) Reported criminal history--Information concerning any formal criminal justice system charges and dispositions. The term includes, without limitation, arrests, detentions, indictments, criminal information, convictions, deferred adjudications, and probations in any state or federal jurisdiction. (45) Representative--A person representing an educator, applicant, or examinee in matters arising under this chapter; in a contested case proceeding before the State Office of Administrative Hearings (SOAH), an attorney licensed to practice law in the State of Texas or other person authorized as a party representative under SOAH rules. (46) Reprimand--The State Board for Educator Certification's formal censuring of a certificate holder. (A) An "inscribed reprimand" is a formal, published censure appearing on the face of the educator's virtual certificate. (B) A "non-inscribed reprimand" is a formal, unpublished censure that does not appear on the face of the educator's virtual certificate. (47) Respondent--The party who contests factual or legal issues or both raised in a petition; the party filing an answer in response to a petition. (48) Restricted--The condition of an educator certificate that has had limitations or conditions on its use imposed by State Board for Educator Certification order. (49) Revocation--A sanction imposed by the State Board for Educator Certification invalidating an educator's certificate. (50) Sanction--A disciplinary action by the State Board for Educator Certification, including a restriction, reprimand, suspension, revocation of a certificate, or a surrender in lieu of disciplinary action. (51) Solicitation of a romantic relationship--Deliberate or repeated acts that can be reasonably interpreted as the solicitation by an educator of a relationship with a student that is romantic in nature. A romantic relationship is often characterized by a strong emotional or sexual attachment and/or by patterns of exclusivity but does not include appropriate educator-student relationships that arise out of legitimate contexts such as familial connections or longtime acquaintance. The following acts, considered in context, constitute evidence of the solicitation by an educator of a romantic relationship with a student: (A) behavior, gestures, expressions, or communications with a student that are unrelated to the educator's job duties and evidence a romantic intent or interest in the student, including statements of love, affection, or attraction. Factors that may be considered in determining the romantic intent of such communications or behavior, include, without limitation: (i) the nature of the communications; (ii) the timing of the communications; (iii) the extent of the communications; (iv) whether the communications were made openly or secretly; (v) the extent that the educator attempts to conceal the communications; (vi) if the educator claims to be counseling a student, the State Board for Educator Certification may consider whether the educator's job duties included counseling, whether the educator reported the subject of the counseling to the student's guardians or to the appropriate school personnel, or, in the case of alleged abuse or neglect, whether the educator reported the abuse or neglect to the appropriate authorities; and (vii) any other evidence tending to show the context of the communications between educator and student; (B) making inappropriate comments about a student's body, creating or transmitting sexually suggestive photographs or images, or encouraging the student to transmit sexually suggestive photographs or images; (C) making sexually demeaning comments to a student; (D) making comments about a student's potential sexual performance; (E) requesting details of a student's sexual history; (F) requesting a date, sexual contact, or any activity intended for the sexual gratification of the educator; (G) engaging in conversations regarding the sexual problems, preferences, or fantasies of either party; (H) inappropriate hugging, kissing, or excessive touching; (I) providing the student with drugs or alcohol; (J) violating written directives from school administrators regarding the educator's behavior toward a student; (K) grooming behaviors, considered in context and on the totality of circumstances, including, but not limited to:(i) showing the student special attention;(ii) giving the student individual gifts, money, or privileges;(iii) isolating the student;(iv) exposing the student to adult topics or conversations and/or media that is not age appropriate; or(v) meeting behind closed doors with the student without another adult present;(L) suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and (M) any other acts tending to show that the educator solicited a romantic relationship with a student. (52) State assessment testing violation--Conduct that violates the security or confidential integrity of any test or assessment required by the Texas Education Code, Chapter 39, Subchapter B, or conduct that is a departure from the test administration procedures established by the commissioner of education in Chapter 101 of Part 2 of this title (relating to Assessment). The term does not include benchmark tests or other locally required assessments. (53) State Board for Educator Certification--The State Board for Educator Certification acting through its voting members in a decision-making capacity. (54) State Board for Educator Certification member(s)--One or more of the members of the State Board for Educator Certification, appointed and qualified under the Texas Education Code, §21.033. (55) Student--A person enrolled in a primary or secondary school, whether public, private, or charter, regardless of the person's age, or a person 18 years of age or younger who is eligible to be enrolled in a primary or secondary school, whether public, private, or charter. (56) Surrender--An educator's voluntary relinquishment of a particular certificate in lieu of disciplinary proceedings under this chapter resulting in an order of revocation of the certificate. (57) Suspension--A sanction imposed by the State Board for Educator Certification (SBEC) temporarily invalidating a particular certificate until reinstated by the SBEC. (58) Test administration rules or procedures--Rules and procedures governing professional examinations administered by the State Board for Educator Certification through the Texas Education Agency staff and a test contractor, including policies, regulations, and procedures set out in a test registration bulletin. (59) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's administrative functions and services. (60) Unworthy to instruct or to supervise the youth of this state--Absence of those moral, mental, and psychological qualities that are required to enable an educator to render the service essential to the accomplishment of the goals and mission of the State Board for Educator Certification policy and Chapter 247 of this title (relating to Educators' Code of Ethics). Unworthy to instruct serves as a basis for sanctions under §249.15(b)(2) of this title (relating to Disciplinary Action by State Board for Educator Certification) and for administrative denial under §249.12(b) of this title (relating to Administrative Denial; Appeal). A determination that a person is unworthy to instruct does not require a criminal conviction. It is a rebuttable presumption that an educator who violates written directives from school administrators regarding the educator's behavior toward a student is unworthy to instruct or to supervise the youth of this state. (61) Virtual certificate--The official record of a person's certificate status as maintained on the Texas Education Agency's website.</content><note type="source"><p>Source Note: The provisions of this §249.3 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944; amended to be effective December 26, 2010, 35 TexReg 11249; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective March 8, 2018, 43 TexReg 1273; amended to be effective October 21, 2018, 43 TexReg 6841; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.4"><num value="249.4">§249.4</num><heading>Applicability</heading><content>(a) In conjunction with the rules of practice and procedure of the State Office of Administrative Hearings (SOAH), (1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure)) and other applicable law, this chapter shall govern disciplinary matters before the State Board for Educator Certification (SBEC), including the following proceedings:(1) sanctions sought against a certificate holder;(2) appeals of administrative denials;(3) appeals of the administrative cancellation or withholding of test scores for alleged violation of test administration rules;(4) reinstatement of a suspended certificate;(5) complaints of contract abandonment filed with the Texas Education Agency (TEA) staff pursuant to Texas Education Code (TEC), §§21.105(c), 21.160(c), or 21.210(c);(6) sanctions sought against a certificate for the holder's knowing failure to report criminal history or other information required to be reported under the TEC, Chapter 22, Subchapter C; Texas Family Code, Chapter 261, Subchapter B; or this chapter; and(7) sanctions sought against a certificate pursuant to Chapter 101 of this title (relating to Assessment) for violations of security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B.(b) The SOAH shall conduct all contested case hearings held under this chapter.(c) This chapter shall apply to any matter referred for a contested case hearing.(d) This chapter does not apply to matters related to the proposal or adoption of the SBEC rules under the Texas Government Code, Chapter 2001, or to internal personnel policies or practices of the TEA staff or the SBEC. The provisions of this chapter may not be used to seek sanctions against a member of the SBEC or the TEA staff acting in that capacity.</content><note type="source"><p>Source Note: The provisions of this §249.4 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.5"><num value="249.5">§249.5</num><heading>Purpose; Policy Governing Disciplinary Proceedings</heading><content>(a) Purpose. The purpose of this chapter is:(1) to protect the safety and welfare of Texas schoolchildren and school personnel;(2) to ensure educators and applicants are morally fit and worthy to instruct or to supervise the youth of the state;(3) to regulate and to enforce the standards of conduct of educators and applicants;(4) to provide for disciplinary proceedings in conformity with the Texas Government Code, Chapter 2001, and the rules of practice and procedure of the State Office of Administrative Hearings;(5) to enforce an educators' code of ethics;(6) to fairly and efficiently resolve disciplinary proceedings at the least expense possible to the parties and the state;(7) to promote the development of legal precedents through State Board for Educator Certification (SBEC) decisions to the end that disciplinary proceedings may be justly resolved; and(8) to provide for regulation and general administration pursuant to the SBEC's enabling statutes.(b) Policy governing disciplinary proceedings.(1) A certified educator holds a unique position of public trust with almost unparalleled access to the hearts and minds of impressionable students. The conduct of an educator must be held to the highest standard. Because SBEC sanctions are imposed for reasons of public policy, and are not penal in nature, criminal procedural and punishment standards are not appropriate to educator disciplinary proceedings.(2) The following general principles shall apply.(A) Because the SBEC's primary duty is to safeguard the interests of Texas students, educator certification must be considered a privilege and not a right.(B) The SBEC may pursue disciplinary proceedings and sanctions based on convictions of felonies and misdemeanors as provided by the Texas Education Code (TEC), §21.060; the Texas Occupations Code, Chapter 53; and this chapter.(C) The SBEC may also pursue disciplinary proceedings and sanctions based on educator conduct that is proved by a preponderance of the evidence, and such proceedings and sanctions do not require a criminal conviction, deferred adjudication, community supervision, an indictment, or an arrest.(D) An educator's good moral character, as defined in §249.3 of this title (relating to Definitions), constitutes the essence of the role model that the educator represents to students both inside and outside the classroom. Chapter 247 of this title (relating to Educators' Code of Ethics) and this chapter provide for educator disciplinary proceedings and provide a minimum standard for educator conduct. Conduct or conditions that may demonstrate that an educator or applicant lacks good moral character, is a negative role model to students, and does not possess the moral fitness necessary to be a certified educator include, but are not limited to:(i) active community supervision or criminal probation;(ii) conduct that indicates dishonesty or untruthfulness;(iii) habitual impairment through drugs or alcohol;(iv) abuse or neglect of students and minors, including the educator's own children; and(v) reckless endangerment of the safety of others.(E) "Unworthy to instruct or to supervise the youth of this state," defined in §249.3 of this title, which serves as a basis for sanctions under §249.15(b)(2) of this title (relating to Disciplinary Action by State Board for Educator Certification), is a broad concept that is not limited to the specific criminal convictions that are described in the TEC, §21.058 and §21.060. The moral fitness of a person to instruct the youth of this state must be determined from an examination of all relevant conduct, is not limited to conduct that occurs while performing the duties of a professional educator, and is not limited to conduct that constitutes a criminal violation or results in a criminal conviction or to conduct that constitutes a violation of Chapter 247 of this title. It is a rebuttable presumption that an educator who violates written directives from school administrators regarding the educator's behavior toward a student is unworthy to instruct or to supervise the youth of this state.(F) Educators have positions of authority, have extensive access to students when no other adults (or even other students, in some cases) are present, and have access to confidential information that could provide a unique opportunity to exploit student vulnerabilities. Educators must clearly understand the boundaries of the educator-student relationship that they are trusted not to cross. Any violation of that trust, such as soliciting or engaging in a romantic or sexual relationship with any student or minor, is considered conduct that may result in permanent revocation of an educator's certificate.(G) Administrators who hold Superintendent, Principal, or Mid-Management Administrator certificates issued by the SBEC have, as a result of their actual or potential positions of authority over both students and other educators, an even greater obligation to maintain good moral character than teachers and paraprofessionals. When an administrator's conduct demonstrates that the administrator lacks good moral character, is a negative role model to students, or does not possess the moral fitness necessary to be a certified educator as described in subparagraph (D) of this paragraph, the administrator may be subject to greater sanction than a teacher or paraprofessional would receive for the same conduct.(H) Evidence of rehabilitation with regard to educator conduct that could result in sanction, denial of a certification application, or denial of an application for reinstatement of a certificate shall be recognized and considered. In addition, the following shall also be considered:(i) the nature and seriousness of prior conduct;(ii) the potential danger the conduct poses to the health and welfare of students;(iii) the effect of the prior conduct upon any victims of the conduct;(iv) whether sufficient time has passed, and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct; and(v) the effect of the conduct upon the educator's good moral character and ability to be a proper role model for students.</content><note type="source"><p>Source Note: The provisions of this §249.5 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 23, 2013, 38 TexReg 9362; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective October 21, 2018, 43 TexReg 6841.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.6"><num value="249.6">§249.6</num><heading>Construction</heading><content>(a) This chapter shall be liberally construed in conformity with the Texas Government Code, Chapter 2001, and the rules of practice and procedure of the State Office of Administrative Hearings so as to achieve the purposes for which it was adopted, without changing the statutory jurisdiction, powers, or authority of the State Board for Educator Certification (SBEC).(b) "Includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.(c) If any provision of this chapter is declared invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter that can be applied without the invalid provision. To that end, the SBEC declares the provisions of this chapter to be severable.</content><note type="source"><p>Source Note: The provisions of this §249.6 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.7"><num value="249.7">§249.7</num><heading>Signature Authority</heading><content>(a) The State Board for Educator Certification (SBEC) may delegate to the chair the authority to sign on behalf of a majority of the SBEC members a decision made or order issued under this chapter.(b) As provided by this chapter and any memorandum of agreement between the Texas Education Agency (TEA) and SBEC, TEA staff may sign final orders resolving or dismissing cases by agreement of the parties or by non-suit of the petitioner, as well as orders relating to other matters authorized by this chapter.</content><note type="source"><p>Source Note: The provisions of this §249.7 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.8"><num value="249.8">§249.8</num><heading>Agreements to Be in Writing</heading><content>Unless otherwise provided in this chapter, no agreement between parties or their representatives related to a matter under this chapter will be enforced unless it be in writing and signed by the parties to the agreement or their representatives and appropriately filed with the papers as part of the record.</content><note type="source"><p>Source Note: The provisions of this §249.8 adopted to be effective March 31, 1999, 24 TexReg 2304.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.9"><num value="249.9">§249.9</num><heading>Ex Parte Communications</heading><content>Parties, their authorized representatives, and any other person acting on a party's behalf shall not communicate or attempt to communicate with any State Board for Educator Certification member regarding a complaint, investigation, or disciplinary proceeding under this chapter, except as allowed by law. The chair may impose sanctions against a violator of this section.</content><note type="source"><p>Source Note: The provisions of this §249.9 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scA/s249.10"><num value="249.10">§249.10</num><heading>Conduct and Decorum</heading><content>(a) Parties, authorized representatives, witnesses, and other persons involved in a proceeding, hearing, or other matter under this chapter shall conduct themselves with proper dignity, courtesy, and respect for the State Board for Educator Certification (SBEC), Texas Education Agency staff, administrative law judge (ALJ), and all other participants. Disorderly conduct shall not be tolerated. The rules of the State Office of Administrative Hearings (SOAH) governing conduct and decorum under 1 Texas Administrative Code (TAC), Part 7, Chapter 155 (relating to Rules of Procedure), shall also apply to matters referred to the SOAH.(b) Authorized representatives shall also observe any other standards of conduct applicable to the professional capacity in which they are appearing.(c) The presiding officer or ALJ may impose sanctions against a violator of this section, including barring the person from attending further proceedings. Sanctions allowed by the rules of the SOAH under 1 TAC, Part 7, Chapter 155, in SOAH proceedings may also be imposed by the chair in a proceeding before the SBEC.</content><note type="source"><p>Source Note: The provisions of this §249.10 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c249/scB"><num value="B">SUBCHAPTER B</num><heading>ENFORCEMENT ACTIONS AND GUIDELINES</heading><section identifier="/us/state/tx/tac/t19/p7/c249/scB/s249.11"><num value="249.11">§249.11</num><heading>Test Irregularities; Appeal; Sanctions</heading><content>(a) Upon satisfactory evidence that the examinee has violated certification test administration rules or procedures, the State Board for Educator Certification may cancel the examinee's test scores or registration and bar the person from being admitted to future test administrations. The Texas Education Agency (TEA) staff shall provide written notice of this action and the factual and legal reasons for it to the examinee by first-class United States mail or electronic notification to the most recent address provided to the TEA or its test contractor by the examinee. The examinee may attempt to show compliance with test administration rules or procedures by written submission or by requesting an informal conference, and/or may appeal and request a State Office of Administrative Hearings (SOAH) hearing as hereafter provided. (b) The examinee may appeal and request a SOAH hearing of the administrative cancellation of test scores and/or test admission bar. The appeal of an administrative cancellation shall be in the form of a petition that complies in content and form with §249.26 of this title (relating to Petition) and 1 Texas Administrative Code, Part 7, §155.301 (relating to Required Form of Pleadings). (c) In order to be referred to the SOAH for a contested case hearing, an appeal petition must be filed with the TEA staff within 30 calendar days after the examinee received or is deemed to have received written notice of the TEA staff's action. Unless otherwise proved by the examinee, the notice shall be deemed to have been received by the examinee no later than five calendar days after mailing to the most recent address provided by the examinee. The TEA staff may dismiss an appeal not timely filed. (d) The TEA staff shall send an answer to the petition to the examinee and shall refer the petition and answer to the SOAH for a contested case hearing.</content><note type="source"><p>Source Note: The provisions of this §249.11 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scB/s249.12"><num value="249.12">§249.12</num><heading>Administrative Denial; Appeal</heading><content>(a) This section applies to administrative denials, as that term is defined in §249.3 of this title (relating to Definitions). This section does not apply to the denial of an application for a certificate that has been permanently revoked, and it does not apply to the failure to issue a certificate because specific certification requirements have not been met. (b) The Texas Education Agency (TEA) staff may administratively deny any of the matters set out in subsection (a) of this section based on satisfactory evidence that: (1) the person filed a fraudulent application; (2) the person assisted another person in obtaining employment at a school district or open-enrollment charter school, other than by the routine transmission of administrative or personnel files when the person knew that the other person had previously engaged in an inappropriate relationship with a minor or student in violation of the law; (3) the person has committed an act that would make them subject to required revocation under the Texas Education Code, §21.058, or placement on the Registry of Persons Not Eligible for Hire under Texas Education Code, §22.092, not due to State Board for Educator Certification (SBEC) action; (4) the person has committed an act that would make them subject to mandatory permanent revocation or denial under §249.17(i) of this title (relating to Decision-Making Guidelines); (5) the person has engaged in conduct or committed a crime or an offense that: (A) demonstrates that the person lacks good moral character; (B) demonstrates that the person violated the Educators' Code of Ethics under Chapter 247 of this title (relating to Educators' Code of Ethics);(C) demonstrates that the person is unworthy to instruct or to supervise the youth of this state; or (D) constitutes the elements of a crime or offense relating directly to the duties and responsibilities of the education profession; or (6) the person failed to comply with the terms or conditions of an order issued by or on behalf of the SBEC or the TEA staff. (c) The TEA staff shall provide written notice of the denial and the factual and legal reasons for it to the person whose application or request has been administratively denied. The notice shall be given by registered or certified mail to the address the person has provided in the application or request that is being denied. The person may attempt to show compliance with legal requirements by written submission or by requesting an informal conference, and/or may appeal and request a State Office of Administrative Hearings (SOAH) hearing as hereafter provided. The 30-day deadline to appeal and request a hearing is not tolled during any attempts to show cause. (d) The appeal and request for a SOAH hearing of an administrative denial shall be in the form of a petition that complies in content and form with §249.26 of this title (relating to Petition) and 1 Texas Administrative Code, Part 7, §155.301 (relating to Required Form of Pleadings). In order to be referred to the SOAH for a contested case hearing, an appeal petition must be filed with the TEA staff within 30 calendar days after the person received or is deemed to have received written notice of the administrative denial. Unless otherwise proved by the person, the notice shall be deemed to have been received by the examinee no later than five calendar days after mailing to the most recent address provided by the person. The TEA staff may dismiss an appeal that is not timely filed without further action. (e) The TEA staff shall send an answer to the petition to the person appealing an administrative denial and shall refer the petition and answer to the SOAH for a contested case hearing.</content><note type="source"><p>Source Note: The provisions of this §249.12 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effective March 5, 2020, 45 TexReg 1413; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scB/s249.13"><num value="249.13">§249.13</num><heading>Cancellation of an Erroneously Issued Certificate</heading><content>(a) When satisfactory evidence indicates that a certificate was issued in error and the person issued the certificate has not fulfilled all certification requirements, the Texas Education Agency (TEA) staff shall cancel the certificate. The effective date of cancellation is the date the person's virtual certificate is updated to reflect that the certificate is no longer valid. (b) Before canceling the certificate, the TEA staff shall notify the person issued the certificate of the reasons for which the TEA intends to cancel the certificate and shall provide the person issued the certificate at least ten calendar days to respond and show cause why the certificate should not be canceled. Unless otherwise proved by the person, the show cause notice shall be deemed to have been received by the person no later than five calendar days after mailing to the most recent address the person is required to provide pursuant to §230.91 of this title (relating to Procedures in General). (c) The TEA staff shall notify the person and the person's employing school district, if any, that the person was issued a certificate in error, what actions the TEA staff have taken to cancel the erroneously issued certificate, and how the person can be issued a valid certificate. (d) The TEA staff will issue the person a valid certificate when it receives satisfactory evidence that all certification requirements have been fulfilled. The person will not be required to repeat any coursework, training, internship, or other certification requirements that an educator preparation program certifies that the person has completed. (e) The person whose erroneously issued certificate has been canceled may request a contested case hearing before the State Office of Administrative Hearings (SOAH). For the purposes of notice, time limits, appeal requirements, and determining the placement of the burden of proof at the SOAH contested case hearing, the person whose certificate has been canceled shall be deemed to have had his or her original application for the erroneously issued certificate administratively denied pursuant to §249.12 of this title (relating to Administrative Denial; Appeal) on the effective date of the cancellation. (f) This section does not apply to a certificate erroneously issued as the result of a documented TEA systems error.</content><note type="source"><p>Source Note: The provisions of this §249.13 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scB/s249.14"><num value="249.14">§249.14</num><heading>Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition</heading><content>(a) The Texas Education Agency (TEA) staff may obtain and investigate information concerning alleged improper conduct by an educator, applicant, examinee, or other person subject to this chapter that would warrant the State Board for Educator Certification (SBEC) denying relief to or taking disciplinary action against the person or certificate. (b) Complaints against an educator, applicant, or examinee must be filed in writing. (c) The TEA staff may also obtain and act on other information providing grounds for investigation and possible action under this chapter. (d) A person who serves as the superintendent of a school district or district of innovation, the director of a charter school, regional education service center, or shared services arrangement, or the chief administrative officer of a private school may notify the SBEC of any educator misconduct that the person believes in good faith may be subject to sanctions under this chapter and/or Chapter 247 of this title (relating to Educators' Code of Ethics). However, under any of the following circumstances, a person who serves in such a position shall promptly notify the SBEC in writing by filing a report with the TEA staff within seven business days of the date the person either receives a report from a principal under subsection (e) of this section or knew of any of the following circumstances, except if the person is a superintendent or director of a public school and has completed an investigation in accordance with Texas Education Code (TEC), §21.006(c-2), resulting in a determination that the educator did not engage in misconduct: (1) that an applicant for or a holder of a certificate has a reported criminal history, which the superintendent or director obtained information by a means other than the criminal history clearinghouse established under Texas Government Code, §411.0845; (2) that a certificate holder was terminated from employment and there is evidence that he or she committed any of the following acts: (A) sexually or physically abused a student or minor or engaged in any other illegal conduct with a student or minor; (B) possessed, transferred, sold, or distributed a controlled substance; (C) illegally transferred, appropriated, or expended school property or funds; (D) attempted by fraudulent or unauthorized means to obtain or to alter any certificate or permit that would entitle the individual to be employed in a position requiring such certificate or permit or to receive additional compensation associated with a position; (E) committed a crime, any part of such crime having occurred on school property or at a school-sponsored event; or (F) solicited or engaged in sexual conduct or a romantic relationship with a student or minor; (3) that a certificate holder has submitted a notice of resignation and that there exists evidence that he or she committed one of the acts specified in paragraph (2) of this subsection. (A) Before accepting an employee's resignation that, under this paragraph, requires a person to notify the SBEC by filing a report with the TEA staff, the person shall inform the certificate holder in writing that such a report will be filed and that sanctions against his or her certificate may result as a consequence. (B) A person required to comply with this paragraph shall notify the governing body of the employing school district before filing the report with the TEA staff. (C) A superintendent or director of a school district shall complete an investigation of an educator if there is reasonable cause to believe the educator may have engaged in misconduct described in paragraph (2)(A) of this subsection despite the educator's resignation from district employment before completion of the investigation; or (4) any other circumstances requiring a report under the TEC, §21.006. (e) A person who serves as a principal in a school district, a district of innovation, or a charter school must notify the superintendent or director of the school district, district of innovation, or charter school and may be subject to sanctions for failure to do so no later than seven business days after: (1) an educator's termination or resignation following an alleged incident of misconduct involving one of the acts described in subsection (d)(2) of this section; or (2) the principal knew about an educator's reported criminal history. (f) Pursuant to the TEC, §21.006(b-2), (c), (h), and (i), a report filed under subsections (d) and (e) of this section must include: (1) the name or names of any student or minor who is the victim of abuse or unlawful conduct by an educator; and (2) the factual circumstances requiring the report and the subject of the report by providing the following available information: (A) name and any aliases; certificate number, if any, or social security number; (B) last known mailing address and home and daytime phone numbers; (C) all available contact information for any alleged victim or victims; (D) name or names and any available contact information of any relevant witnesses to the circumstances requiring the report; (E) current employment status of the subject, including any information about proposed termination, notice of resignation, or pending employment actions; and (F) involvement by a law enforcement or other agency, including the name of the agency. (g) Pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 United States Code, §1232g(a)(4), and the federal regulations interpreting it at 34 Code of Federal Regulations, §99.3, education records that are protected by FERPA must be records that are directly related to a student, and the term "education records" does not include records that relate to a school employee in his or her capacity as a school employee. (h) A person who is required to file a report under subsections (d) and (e) of this section but fails to do so timely is subject to sanctions under this chapter. (i) If a school district board of trustees learns of a failure by the superintendent of the district or a district principal to provide a notice required under the Texas Code of Criminal Procedure (TCCP), §15.27(a), (a-1), or (b), the board of trustees shall report the failure to the SBEC. If the governing body of a private primary or secondary school learns of a failure by the principal of the school to provide a notice required under the TCCP, §15.27(e), and the principal holds a certificate issued under the TEC, Chapter 21, Subchapter B, the governing body shall report the failure to the SBEC. (j) The TEA staff shall not pursue sanctions against an educator who is alleged to have abandoned his or her TEC, Chapter 21, contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), subject to the limitations imposed by the TEC, §21.4021(g), unless the board of trustees of the employing school district: (1) submits a written complaint to the TEA staff within 30 calendar days after the effective date of the educator's separation from employment from the school district. For purposes of this section, unless the school district and the educator have a written agreement to the contrary, the effective date of separation from employment is the first day that, without district permission, the educator fails to appear for work under the contract; (2) renders a finding that good cause did not exist under the TEC, §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2). This finding constitutes prima facie evidence of the educator's lack of good cause, but is not a conclusive determination; and (3) submits the following required attachments to the written complaint: (A) the educator's resignation letter, if any; (B) the agreement with the educator regarding the effective date of separation from employment, if any; (C) the educator's contract; and (D) school board meeting minutes indicating a finding of "no good cause" (if the board does not meet within 30 calendar days of the educator's separation from employment, the minutes may be submitted within 10 calendar days after the next board meeting). (k) To efficiently administer and implement the SBEC's purpose under this chapter and the TEC, the TEA staff may set priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm posed by the subject of the investigation. All cases accepted for investigation shall be assigned one of the following priorities. (1) Priority 1: conduct that may result in the placement of an investigative notice pursuant to the TEC, §21.007, and subsection (l) of this section because it presents a risk to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague, including, but not limited to, the following: (A) any conduct constituting a felony criminal offense; (B) indecent exposure; (C) public lewdness; (D) child abuse and/or neglect; (E) possession of a weapon on school property; (F) drug offenses occurring on school property; (G) sale to or making alcohol or other drugs available to a student or minor; (H) sale, distribution, or display of harmful material to a student or minor; (I) certificate fraud; (J) state assessment testing violations; (K) deadly conduct; and (L) conduct that involves inappropriate communication with a student as described in §247.2(3)(I) of this title (relating to Code of Ethics and Standard Practices for Texas Educators), inappropriate professional educator-student relationships and boundaries, or otherwise soliciting or engaging in sexual conduct or a romantic relationship with a student or minor. (2) Priority 2: any sanctionable conduct that is not Priority 1 conduct under paragraph (1) of this subsection. An investigative notice will not be placed on an educator's certification records on the basis of an allegation of Priority 2 conduct. The TEA staff may change a case's priority at any time based on information received. Priority 2 conduct includes, but is not limited to, the following: (A) any conduct constituting a misdemeanor criminal offense or testing violation that is not Priority 1 conduct; (B) contract abandonment; and (C) code of ethics violations that do not constitute Priority 1 conduct. (l) After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a student or minor, as described in subsection (k)(1) of this section, the TEA staff shall immediately place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of such an investigative notice must follow the procedures set forth in subsection (m)(1) of this section. After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (k)(1) of this section, the TEA staff may place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of an investigative notice must follow the procedures set forth in subsection (m)(2) of this section. (m) The following procedures must be followed for placing an investigative notice on the educator's certification records. (1) At the time of placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a student or minor, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint. (A) Within ten calendar days of placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.91 of this title (relating to Procedures in General). (B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within ten calendar days why the notice should be removed from the educator's certification records. (2) Prior to placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (k)(1) of this section, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint. (A) At least ten calendar days before placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.91 of this title. (B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within ten calendar days why the notice should not be placed on the educator's certification records. (3) The TEA staff shall determine whether or not to remove or place an investigative notice on the educator's certification records, taking into account the educator's response, if any, to the letter notifying the certificate holder of the investigation. (n) An investigative notice is subject to the following time limits. (1) An investigative notice may remain on the certification records of a certificate holder for a period not to exceed 240 calendar days. (2) The TEA staff may toll this time limit if information is received indicating that there is a pending criminal or administrative matter related to the alleged act of misconduct that gives rise to the investigative notice. For purposes of this subsection, a criminal or administrative matter includes an audit by a state or federal agency, an arrest, an investigation, related litigation or other enforcement action brought by a state or federal administrative agency, or a prosecution by a criminal law enforcement agency. Upon receiving notice that the criminal or administrative matter has been resolved the tolling period shall end. As part of its procedure, the TEA staff will attempt to make bimonthly (once every two months) contact with the agency where a related matter is pending to determine whether the related matter has been closed or otherwise resolved. (3) The TEA staff may toll this time limit if the matter is referred for a contested case hearing, upon agreement of the parties, or while the matter is pending action by the SBEC on a proposed agreed order. (o) The TEA staff shall remove an investigative notice from an educator's certification records: (1) when a case's final disposition occurs within the time limits established in subsection (n) of this section; or (2) when the time limits for an investigative notice have been exceeded, if: (A) the certificate holder has made a written demand to the TEA staff that the investigative notice be removed because the time limits have been exceeded; and (B) the TEA staff has failed to refer the matter to the State Office of Administrative Hearings for a contested case hearing within 30 calendar days from the date of receipt of the written demand to remove the investigative notice. (p) Before institution of agency proceedings, TEA staff shall send a letter via certified or registered mail to the certificate holder giving them notice of the facts or conduct alleged to warrant the intended action and an opportunity to show compliance with all requirements of law for the retention of the certificate.(q) Only the TEA staff may file a petition seeking sanctions under §249.15 of this title (relating to Disciplinary Action by State Board for Educator Certification). Prior to filing a petition, the TEA staff shall mail to the certificate holder affected by written notice of the facts or conduct alleged to warrant the intended action and shall provide the certificate holder an opportunity to show compliance with all requirements of law.</content><note type="source"><p>Source Note: The provisions of this §249.14 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective August 9, 2007, 32 TexReg 4756; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective October 25, 2009, 34 TexReg 7203; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective October 8, 2015, 40 TexReg 6892; amended to be effective December 27, 2016, 41 TexReg 10330; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effective March 5, 2020, 45 TexReg 1413; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scB/s249.15"><num value="249.15">§249.15</num><heading>Disciplinary Action by State Board for Educator Certification</heading><content>(a) Pursuant to this chapter, the State Board for Educator Certification (SBEC) may take any of the following actions: (1) place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; (2) issue an inscribed or non-inscribed reprimand; (3) suspend a certificate for a set term or issue a probated suspension for a set term; (4) revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently; (5) impose any conditions or restrictions, including classes and treatment programs, upon a certificate that the SBEC deems necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials; or (6) impose an administrative penalty of $500-$10,000 on a superintendent or director who fails to file timely a report required under §249.14(d) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition) or on a principal who fails to timely notify a superintendent or director as required under §249.14(e) of this title under the circumstances and in the manner required by the Texas Education Code (TEC), §21.006. (b) The SBEC may take any of the actions listed in subsection (a) of this section based on satisfactory evidence that: (1) the person has conducted school or education activities in violation of law; (2) the person is unworthy to instruct or to supervise the youth of this state; (3) the person has violated a provision of the Educators' Code of Ethics; (4) the person has failed to report or has hindered the reporting of child abuse pursuant to the Texas Family Code, §261.001, or has failed to notify the SBEC, the commissioner of education, or the school superintendent or director under the circumstances and in the manner required by the TEC, §21.006, §21.0062, §22.093, and §249.14(d)-(f) of this title; (5) the person has abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c); (6) the person has failed to cooperate with the Texas Education Agency (TEA) in an investigation; (7) the person has failed to provide information required to be provided by §229.3 of this title (relating to Required Submissions of Information, Surveys, and Other Data); (8) the person has violated the security or integrity of any assessment required by the TEC, Chapter 39, Subchapter B, as described in subsection (g) of this section or has committed an act that is a departure from the test administration procedures established by the commissioner of education in Chapter 101 of Part 2 of this title (relating to Assessment); (9) the person has committed an act described in §249.14(k)(1) of this title, which constitutes sanctionable Priority 1 conduct, as follows: (A) any conduct constituting a felony criminal offense; (B) indecent exposure; (C) public lewdness; (D) child abuse and/or neglect; (E) possession of a weapon on school property; (F) drug offenses occurring on school property; (G) sale to or making alcohol or other drugs available to a student or minor; (H) sale, distribution, or display of harmful material to a student or minor; (I) certificate fraud; (J) state assessment testing violations; (K) deadly conduct; or (L) conduct that involves inappropriate communication with a student as described in §247.2(3)(I) of this title (relating to Code of Ethics and Standard Practices for Texas Educators), inappropriate professional educator-student relationships and boundaries as described in §247.2(3)(H) of this title, or otherwise soliciting or engaging in sexual conduct or a romantic relationship with a student or minor; (10) the person has committed an act that would constitute an offense (without regard to whether there has been a criminal conviction) that is considered to relate directly to the duties and responsibilities of the education profession, as described in §249.16(c) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21). Such offenses indicate a threat to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague; interfere with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicate impaired ability or misrepresentation of qualifications to perform the functions of an educator and include, but are not limited to: (A) offenses involving moral turpitude; (B) offenses involving any form of sexual or physical abuse or neglect of a student or minor or other illegal conduct with a student or minor; (C) offenses involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481; (D) offenses involving school property or funds; (E) offenses involving any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator; (F) offenses occurring wholly or in part on school property or at a school-sponsored activity; or (G) felony offenses involving driving while intoxicated (DWI); (11) the person has intentionally failed to comply with the reporting, notification, and confidentiality requirements specified in the Texas Code of Criminal Procedure, §15.27(a), relating to student arrests, detentions, and juvenile referrals for certain offenses; (12) the person has failed to discharge an employee or to refuse to hire an applicant when the employee or applicant was employed in a public school and on the registry of persons who are not eligible to be employed under TEC, §22.092, when the person knew that the employee or applicant had been adjudicated for or convicted of having an inappropriate relationship with a minor in accordance with the TEC, §21.009(e), or when the person knew or should have known through a criminal history record information review that the employee or applicant had been placed on community supervision or convicted of an offense in accordance with the TEC, §22.085; (13) the person assisted another educator, school employee, contractor, or agent in obtaining a new job as an educator or in a school, apart from the routine transmission of administrative and personnel files, when the educator knew or had probable cause to believe that such person engaged in an inappropriate relationship with a minor or student; (14) the person is a superintendent of a school district or the chief operating officer of an open-enrollment charter school who falsely or inaccurately certified to the commissioner of education that the district or charter school had complied with the TEC, §22.085; or (15) the person has failed to comply with an order or decision of the SBEC. (c) The TEA staff may commence a contested case to take any of the actions listed in subsection (a) of this section by serving a petition to the certificate holder in accordance with this chapter describing the SBEC's intent to issue a sanction and specifying the legal and factual reasons for the sanction. The certificate holder shall have 30 calendar days to file an answer as provided in §249.27 of this title (relating to Answer). (d) Upon the failure of the certificate holder to file a written answer as required by this chapter, the TEA staff may file a request for the issuance of a default judgment from the SBEC imposing the proposed sanction in accordance with §249.35 of this title (relating to Disposition Prior to Hearing; Default). (e) If the certificate holder files a timely answer as provided in this section, the case will be referred to the State Office of Administrative Hearings (SOAH) for hearing in accordance with the SOAH rules; the Texas Government Code, Chapter 2001; and this chapter. (f) The provisions of this section are not exclusive and do not preclude consideration of other grounds or measures available by law to the SBEC or the TEA staff, including child support arrears. The SBEC may request the Office of the Attorney General to pursue available civil, equitable, or other legal remedies to enforce an order or decision of the SBEC under this chapter. (g) The statewide assessment program as defined by the TEC, Chapter 39, Subchapter B, is a secure testing program. (1) Procedures for maintaining security shall be specified in the appropriate test administration materials. (2) Secure test materials must be accounted for before, during, and after each test administration. Only authorized personnel may have access to secure test materials. (3) The contents of each test booklet and answer document are confidential in accordance with the Texas Government Code, Chapter 551, and the Family Educational Rights and Privacy Act of 1974. Individual student performance results are confidential as specified under the TEC, §39.030(b). (4) Violation of security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B, shall be prohibited. A person who engages in conduct prohibited by this section may be subject to sanction of credentials, including any of the sanctions provided by subsection (a) of this section. (5) Charter school test administrators are not required to be certified; however, any irregularity in the administration of any test required by the TEC, Chapter 39, Subchapter B, would cause the charter itself to come under review by the commissioner of education for possible sanctions or revocation, as provided under the TEC, §12.115(a)(4). (6) Conduct that violates the security and confidential integrity of a test is evidenced by any departure from the test administration procedures established by the commissioner of education. Conduct of this nature may include, but is not limited to, the following acts and omissions: (A) viewing a test before, during, or after an assessment unless specifically authorized to do so; (B) duplicating secure examination materials; (C) disclosing the contents of any portion of a secure test; (D) providing, suggesting, or indicating to an examinee a response or answer to a secure test item or prompt; (E) changing or altering a response or answer of an examinee to a secure test item or prompt; (F) aiding or assisting an examinee with a response or answer to a secure test item or prompt; (G) fraudulently exempting or preventing a student from the administration of a required state assessment; (H) encouraging or assisting an individual to engage in the conduct described in paragraphs (1)-(7) of this subsection; or (I) failing to report to an appropriate authority that an individual has engaged in conduct outlined in paragraphs (1)-(8) of this subsection. (7) Any irregularities in test security or confidential integrity may also result in the invalidation of student results. (8) The superintendent and campus principal of each school district and chief administrative officer of each charter school and any private school administering the tests as allowed under the TEC, §39.033, shall develop procedures to ensure the security and confidential integrity of the tests specified in the TEC, Chapter 39, Subchapter B, and shall be responsible for notifying the TEA in writing of conduct that violates the security or confidential integrity of a test administered under the TEC, Chapter 39, Subchapter B. A person who fails to report such conduct as required by this subsection may be subject to any of the sanctions provided by subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §249.15 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective December 28, 2014, 39 TexReg 10010; amended to be effective October 8, 2015, 40 TexReg 6892; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effective October21, 2018, 43 TexReg 6841; amended to be effective March 5, 2020, 45 TexReg 1413; amended to be effective March 3, 2022, 47 TexReg 927; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scB/s249.16"><num value="249.16">§249.16</num><heading>Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21</heading><content>(a) Pursuant to the Texas Occupations Code (TOC), Chapter 53, and the Texas Education Code (TEC), Chapter 21, Subchapter B, the State Board for Educator Certification (SBEC) may suspend or revoke an existing valid certificate, deny an applicant a certificate, bar a person from being assessed or examined for a certificate, or take other disciplinary action because of a person's conviction of a felony or misdemeanor or certain other criminal history.(b) Disciplinary action under the TOC, §53.021, does not apply to a person convicted only of an offense punishable as a Class C misdemeanor unless the person is an applicant for or the holder of a license that authorizes the person to possess a firearm and the person was convicted of the misdemeanor offense of domestic violence as defined by 18 United States Code, §921.(c) When statute or SBEC rule codified in the Texas Administrative Code, Title 19, Part 7, requires an offense to directly relate to the duties and responsibilities of the education profession, an offense is considered to directly relate if the offense indicates a threat to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague; interferes with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicates impaired ability or misrepresentation of qualifications to perform the functions of an educator. Offenses considered to relate directly to the duties and responsibilities of the education profession include, but are not limited to:(1) offenses involving moral turpitude;(2) offenses involving any form of sexual or physical abuse or neglect of a student or minor or other illegal conduct with a student or minor;(3) offenses involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481;(4) offenses involving school property or funds;(5) offenses involving any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;(6) offenses occurring wholly or in part on school property or at a school-sponsored activity; or(7) felony offenses involving driving while intoxicated (DWI).(d) Except as provided in subsection (f) of this section, the Texas Education Agency (TEA) staff, pursuant to the TOC, Chapter 53, and the requirements of this chapter, shall notify the applicant or certificate holder in writing of the TEA staff's intent to seek disciplinary action, including denial or revocation, and the reasons for the proposed action. The applicant or certificate holder shall have the opportunity to be heard according to the procedures set forth in this chapter.(e) The grounds for revoking or suspending a certificate provided by this section and the TOC, Chapter 53, are cumulative of the other grounds and remedies provided by the TEC, §21.060, and this chapter.(f) The TEC, §21.058, shall control actions pursued under that section.</content><note type="source"><p>Source Note: The provisions of this §249.16 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective June 21, 2009, 34 TexReg 3944; amended to be effective May 18, 2014, 39 TexReg 3710; amended to be effective December 28, 2014, 39 TexReg 10010.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scB/s249.17"><num value="249.17">§249.17</num><heading>Decision-Making Guidelines</heading><content>(a) Purpose. The purpose of these guidelines is to achieve the following objectives: (1) to provide a framework of analysis for the Texas Education Agency (TEA) staff, the presiding administrative law judge (ALJ), and the State Board for Educator Certification (SBEC) in considering matters under this chapter; (2) to promote consistency in the exercise of sound discretion by the TEA staff, the presiding ALJ, and the SBEC in seeking, proposing, and making decisions under this chapter; and (3) to provide guidance for the informal resolution of potentially contested matters. (b) Construction and application. This section shall be construed and applied so as to preserve SBEC members' discretion in making final decisions under this chapter. This section shall be further construed and applied so as to be consistent with §249.5(b) of this title (relating to Purpose; Policy Governing Disciplinary Proceedings) and this chapter, the Texas Education Code (TEC), and other applicable law, including SBEC decisions and orders. (c) Consideration. The following factors may be considered in seeking, proposing, or making a decision under this chapter: (1) the seriousness of the violation; (2) whether the misconduct was premeditated or intentional; (3) attempted concealment of misconduct; (4) prior misconduct and SBEC sanctions; (5) the potential danger the conduct poses to the health and welfare of students; (6) the effect of the prior conduct upon any victims of the conduct; (7) whether sufficient time has passed and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct; (8) the effect of the conduct upon the educator's good moral character and ability to be a proper role model for students; (9) whether the sanction will deter future violations; and (10) any other relevant circumstances or facts. (d) Contract abandonment. (1) Good cause. The following factors may be considered good cause when an educator is reported to have abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c): (A) serious illness or health condition of the educator or close family member of the educator, as evidenced by documentation from a licensed medical provider; (B) relocation to a new city as a result of change in employment of the educator's spouse or partner who resides with the educator as supported by documentation; (C) significant change in the educator's family needs that requires the educator to relocate or to devote more time than allowed by current employment; or (D) the educator's reasonable belief that the educator had written permission from the school district administration to resign. (2) Mitigating factors. The following factors shall be considered in seeking, proposing, or making a decision under this chapter regarding an educator who has abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c). A reduction of one month in suspension time will be given for each factor established, except for factors in subparagraphs (G)-(I) of this paragraph. The educator: (A) gave written notice to the school district 30 days or more in advance of the first day of instruction for which the educator will not be present; (B) assisted the school district in finding a replacement educator to fill the position; (C) continued to work until the school district hired a replacement educator; (D) assisted in training the replacement educator; (E) showed good faith in communications and negotiations with the school district; (F) provided lesson plans for classes following the educator's resignation; (G) changed careers within the field of education: (i) to a position that required a different class of educator certification as defined in §230.33(b) of this title (relating to Classes of Certificates); (ii) to a position with a higher level of authority within the principal class of certificate; or (iii) to a position in an open-enrollment charter school or a district of innovation that is equivalent to the positions described in clauses (i) and (ii) of this subparagraph; (H) had a reduction in base pay, excluding stipends, as compared to the educator's base pay for the prior year at the same school district; (I) resigned due to working conditions that reasonably posed an immediate threat of significant physical harm to the educator; or (J) any other relevant circumstances or facts. (3) Mandatory sanction for contract abandonment. (A) An educator subject to sanction, who has abandoned a contract 44-30 days prior to the first day of instruction for the following school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2)(B)-(J) of this subsection do not mitigate or apply, shall receive a sanction of an inscribed reprimand. (B) An educator subject to sanction, who has abandoned a contract less than 30 days prior to the first day of instruction for the following school year or at any point during the school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2) of this subsection do not mitigate or apply, may not receive a sanction of less than: (i) suspension for one year from the first day that, without district permission, the educator failed to appear for work under the contract, provided that the educator has not worked as an educator during that year and the case is resolved within that one year through an agreed final order; or (ii) suspension for one year from either the effective date of an agreed final order resolving the case or an agreed future date at the beginning of the following school year, if the educator has worked as an educator after abandoning the contract; or (iii) suspension for one year from the date that the SBEC adopts an order that becomes final following a default under §249.35 of this title (relating to Disposition Prior to Hearing; Default) or a contested case hearing at the State Office of Administrative Hearings (SOAH). (C) The factors listed in subsection (c) of this section and in paragraphs (1) and (2) of this subsection may mitigate an educator's sanction so significantly that the SBEC takes no disciplinary action. (e) Mandatory minimum sanction for felony-level conduct. An educator subject to sanction, who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for a felony-level criminal offense under state or federal law, may not receive a sanction of less than: (1) suspension for a period concurrent with the term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has not been employed as an educator during the period of deferred adjudication or community supervision; or (2) suspension beginning on the effective date of an agreed final order for a period extending beyond the end of the educator's deferred adjudication or community supervision but may be less than the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has been employed as an educator during the period of deferred adjudication or community supervision; or (3) suspension beginning on the effective date of an agreed final order for a period at least half as long as the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order after the educator has completed deferred adjudication or community supervision; or (4) suspension for a period equal to the term of deferred adjudication or community supervision that the criminal court initially ordered but beginning from the date of the final board decision, if the case is resolved through a final board decision following a contested case hearing at the SOAH or a default under §249.35 of this title. (f) Mandatory minimum sanction for misdemeanor-level conduct. If an educator is subject to sanction, and a court has ordered the educator to complete a period of deferred adjudication, community supervision, or pretrial diversion for a misdemeanor-level criminal offense under state or federal law, the educator may not receive a sanction of less than an inscribed reprimand. (g) Mandatory minimum sanction for test security violation. An educator who intentionally, as defined in §247.1 of this title (relating to Purpose and Scope; Definitions), violates the security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B, in a manner described by §101.3031(a)(3) of Part 2 of this title (relating to Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments), may not receive a sanction of less than a one year suspension. (h) Mandatory minimum sanction for drugs and alcohol on school campus. An educator who is subject to sanction because the educator has tested positive for drugs or alcohol while on school campus, was under the influence of drugs or alcohol on school campus, or was in possession of drugs or alcohol on school campus may not receive a sanction of less than a one-year suspension and required completion of a drug or alcohol treatment program. (i) Mandatory permanent revocation or denial. Notwithstanding subsection (c) of this section, the SBEC shall permanently revoke the teaching certificate of any educator or permanently deny the application of any applicant if, after a contested case hearing or a default under §249.35 of this title, it is determined that the educator or applicant: (1) engaged in any sexual contact or romantic relationship with a student or minor; (2) solicited any sexual contact or romantic relationship with a student or minor; (3) possessed or distributed child pornography; (4) was registered as a sex offender; (5) committed criminal homicide; (6) transferred, sold, distributed, or conspired to possess, transfer, sell, or distribute any controlled substance, the possession of which would be at least a Class A misdemeanor under the Texas Health and Safety Code, Chapter 481, on school property; (7) intentionally, knowingly, or recklessly causes bodily injury to a student or minor when the conduct of the educator or applicant is not immune from disciplinary proceedings by TEC, §22.0512; or (8) committed any offense described in the TEC, §21.058. (j) Mandatory minimum for failure to report. An educator subject to sanction, who fails to report educator misconduct under the circumstances and in the manner required by the TEC, §21.006, and §249.14(d)-(f) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition), when the case is resolved through an agreed final order, may not receive a sanction of less than: (1) an inscribed reprimand and a $5,000 administrative penalty for a superintendent or director who fails to file timely a report to the SBEC; or (2) an inscribed reprimand and a $500 administrative penalty for a principal who fails to timely notify a superintendent or director. (k) Mandatory minimum for electioneering. An educator subject to sanction, who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for an offense under Texas Election Code, Chapter 255, may not receive a sanction of less than a one-year suspension.(l) Sanctioned misconduct in another state. The findings of fact contained in final orders from any other state jurisdiction may provide the factual basis for SBEC disciplinary action. If the underlying conduct for the administrative sanction of an educator's certificate or license issued in another state is a violation of SBEC rules, the SBEC may initiate a disciplinary action regarding the educator's Texas educator certificate and impose a sanction as provided under this chapter.</content><note type="source"><p>Source Note: The provisions of this §249.17 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective December 23, 2013, 38 TexReg 9362; amended to be effective October 27, 2014, 39 TexReg 8402; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective December 27, 2016, 41 TexReg 10330; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effective March 3, 2022, 47 TexReg 927; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c249/scC"><num value="C">SUBCHAPTER C</num><heading>PREHEARING MATTERS</heading><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.18"><num value="249.18">§249.18</num><heading>Jurisdiction</heading><content>(a) A contested case commences under this chapter when a petition is properly served with the Texas Education Agency (TEA) staff.(b) The TEA staff shall refer the case to the State Office of Administrative Hearings (SOAH) if the TEA staff determines:(1) in an administrative denial case, the applicant has timely served a petition pursuant to §249.12(d) of this title (relating to Administrative Denial; Appeal); or(2) the certificate holder has timely served an answer pursuant to §249.15(d) of this title (relating to Disciplinary Action by State Board for Educator Certification).(c) Nothing in this section precludes the TEA staff from referring the case to the SOAH prior to the receipt of a petition or answer.(d) Jurisdiction of the SOAH is determined by the administrative law judge under 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure) and this chapter after the TEA staff have referred the case to the SOAH.</content><note type="source"><p>Source Note: The provisions of this §249.18 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.19"><num value="249.19">§249.19</num><heading>Powers and Duties of Administrative Law Judge</heading><content>The powers and duties of an administrative law judge are determined by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §249.19 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.20"><num value="249.20">§249.20</num><heading>Recusal and Disqualification of Administrative Law Judge</heading><content>The recusal or disqualification of an administrative law judge shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §249.20 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.21"><num value="249.21">§249.21</num><heading>Substitution of Administrative Law Judge</heading><content>Substitution of an administrative law judge shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §249.21 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.22"><num value="249.22">§249.22</num><heading>Classification of Parties; Current Addresses</heading><content>(a) Regardless of errors as to designation of a party, parties shall be accorded their true status in the proceeding.(b) The petitioner in a contested case proceeding under this chapter and 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure) is the party in a contested case seeking relief from the decision maker and requesting an adjudicative hearing with the State Office of Administrative Hearings. The petitioner shall have the burden of proof to show by a preponderance of the evidence entitlement to such relief.(c) Parties shall keep the Texas Education Agency (TEA) staff apprised of their current addresses and shall notify the TEA staff of a change of address within five calendar days of the effective date of such change.</content><note type="source"><p>Source Note: The provisions of this §249.22 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.23"><num value="249.23">§249.23</num><heading>Representation of Parties</heading><content>(a) Representatives of parties shall notify the State Office of Administrative Hearings (SOAH) and other parties of the representation.(b) At an informal conference offered pursuant to the Texas Government Code, Chapter 2001, a person may be represented by a person who is not an attorney.(c) Parties in contested cases before the SOAH may represent themselves or be represented by an attorney licensed to practice law in the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §249.23 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.24"><num value="249.24">§249.24</num><heading>Filing or Serving Documents on the Texas Education Agency Staff or the Administrative Law Judge</heading><content>(a) The following original papers shall be served upon the Texas Education Agency (TEA) staff:(1) appeal of an administrative denial;(2) appeal of the imposition of an administrative sanction and request for a contested case hearing under this chapter;(3) exceptions and replies to the proposal for decision of the administrative law judge (ALJ); and(4) motions for rehearing.(b) It is a rebuttable presumption that the date of service is the file stamp date affixed by the TEA staff.(c) All papers may be served upon the TEA staff by any method allowed by the State Office of Administrative Hearings (SOAH) rules or any electronic transmission agreed to by the parties.(d) The filing of papers with the SOAH or service of documents on the ALJ in contested cases shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure), unless modified by order of the ALJ as allowed by law.</content><note type="source"><p>Source Note: The provisions of this §249.24 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.25"><num value="249.25">§249.25</num><heading>Pleadings</heading><content>(a) Pleadings include petitions, answers, replies, exceptions, and motions. Regardless of any error in its designation, a pleading shall be accorded its true status in the proceeding in which it is filed.(b) Amended and supplemental pleadings may be filed at such time so as not to operate as a surprise on the opposing party.(c) The administrative law judge may allow a pleading to be amended during the contested case evidentiary hearing on the merits and shall do so freely when the trial amendment will facilitate determining the merits of the case but will not unduly prejudice the objecting party.(d) In addition to this chapter, 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure) shall also govern the following matters related to pleadings:(1) content generally of pleadings;(2) purpose and effect of motions;(3) general requirements for motions;(4) responses to motions generally;(5) motions to intervene;(6) motions for continuance;(7) responses to written motions for continuance; and(8) amendment of pleadings.</content><note type="source"><p>Source Note: The provisions of this §249.25 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.26"><num value="249.26">§249.26</num><heading>Petition</heading><content>(a) The party seeking relief and requesting a contested case hearing under this chapter shall serve a petition as required under this chapter. The petitioner shall have the burden of proof by a preponderance of the evidence in all contested case proceedings brought under this chapter. (b) The petition shall contain the following items: (1) a statement of the legal authority and jurisdiction under which the disciplinary action is being sought and the hearing is to be held; (2) a reference to the particular sections of the statutes and rules involved; (3) a statement of the matters asserted; (4) a statement regarding the failure of the parties to reach an agreed settlement of the matters asserted in the petition; (5) the name, current mailing address, daytime telephone number, if any, and facsimile number, if any, of the petitioner and the petitioner's authorized representative; and (6) if the petition seeks to impose sanctions against a certificate holder, a notification set forth as follows in at least 12-point boldface type: If you do not file a written answer to this petition with the Texas Education Agency (TEA) staff WITHIN 30 CALENDAR DAYS of being served with this petition, the State Board for Educator Certification may grant the relief requested in this petition, including revocation of your certificate by default. The matters asserted in the petition will be deemed admitted unless your written answer specifically denies each assertion pled and is filed within the prescribed time period. If you file a written answer but then fail to attend a scheduled hearing, the State Board for Educator Certification may grant any relief requested in this petition, up to and including REVOCATION OF YOUR CERTIFICATE. (c) The petition shall be served on the respondent by electronic mail or by regular first-class United States mail to the current mailing and email address a certified educator is required to provide pursuant to §230.91 of this title (relating to Procedures in General) and by electronic mail to the respondent's attorney if notice of representation has been provided to TEA staff, or as otherwise specified in this chapter. If an educator, applicant, or examinee is the petitioner, the address to which the petition shall be served is Texas Education Agency, Legal Certification Enforcement Division, 1701 North Congress Avenue, Austin, Texas 78701. A certificate evidencing service shall be included in the petition. For purposes of this section and §249.27 of this title (relating to Answer), it is a rebuttable presumption that a petition was served on the respondent no later than five calendar days after mailing.</content><note type="source"><p>Source Note: The provisions of this §249.26 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.27"><num value="249.27">§249.27</num><heading>Answer</heading><content>(a) The party responding to a petition filed under this chapter shall file a written answer with the petitioner within 30 calendar days after being served with such petition. For purposes of this section and §249.26 of this title (relating to Petition), it is a rebuttable presumption that a petition was served on the respondent no later than five calendar days after mailing. The respondent shall serve the answer on the petitioner by electronic mail or by regular first-class United States mail. (b) The answer shall specifically admit or deny each allegation in the petition and shall plead all affirmative defenses. (c) The answer shall contain the name, current mailing address, daytime telephone number, email address, and facsimile number, if any, of the respondent and the respondent's authorized representative. (d) All well-pled factual allegations in the petition will be deemed admitted unless the respondent's answer, containing specific denials to each allegation, is filed within the time period prescribed in subsection (a) of this section. A general denial shall not be sufficient to controvert factual allegations contained in the petition. (e) An answer that does not comply with the requirements of this section and 1 Texas Administrative Code, Part 7, §155.301 (relating to Required Form of Pleadings) may provide grounds for default judgment in favor of the petitioner, as provided in this chapter.</content><note type="source"><p>Source Note: The provisions of this §249.27 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.28"><num value="249.28">§249.28</num><heading>Stipulations</heading><content>Stipulations shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §249.28 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scC/s249.29"><num value="249.29">§249.29</num><heading>Discovery</heading><content>The Texas Government Code, Chapter 2001; 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure); this chapter; and the Texas Rules of Civil Procedure, as applicable, shall govern discovery.</content><note type="source"><p>Source Note: The provisions of this §249.29 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c249/scD"><num value="D">SUBCHAPTER D</num><heading>HEARING PROCEDURES</heading><section identifier="/us/state/tx/tac/t19/p7/c249/scD/s249.30"><num value="249.30">§249.30</num><heading>Notice of Hearing</heading><content>(a) The notice of hearing is governed by the Texas Government Code, Chapter 2001; 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure); and this chapter.(b) The Texas Education Agency (TEA) staff may serve the notice of hearing by sending it certified, return receipt requested, and regular first-class United States mail to the party's last known address.(c) For purposes of this subsection, the last known address is:(1) the address of record of the party or the party's authorized representative in the contested case, if any; or(2) if the party has not made an appearance in the contested case, the last address provided in any response to the complaint or proposed action that is the subject of the contested case, if any; or(3) if the party has not provided an address in response to the complaint or proposed action:(A) for a certified educator, the address supplied by the educator pursuant to §230.91(c) of this title (relating to Procedures in General);(B) for a certification applicant, the address provided in the certification application; or(C) for an examinee, the address provided in the examination registration.(d) While notice to the last known address is legally sufficient, notice may also be given by regular first-class United States mail, facsimile, email, or any other means to any other possible address that is known to the TEA staff at the time that the notice is sent.</content><note type="source"><p>Source Note: The provisions of this §249.30 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scD/s249.31"><num value="249.31">§249.31</num><heading>Venue</heading><content>Hearings shall be conducted in Austin, Texas, at a site designated by the State Office of Administrative Hearings in accordance with applicable law and 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure).</content><note type="source"><p>Source Note: The provisions of this §249.31 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scD/s249.32"><num value="249.32">§249.32</num><heading>Conduct and Record of Hearings</heading><content>The rules of the State Office of Administrative Hearings under 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure) shall govern the procedure at the hearing and the making of a record of a contested case.</content><note type="source"><p>Source Note: The provisions of this §249.32 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scD/s249.33"><num value="249.33">§249.33</num><heading>Use of Deposition Transcripts in Contested Case Hearings</heading><content>The use of deposition transcripts in contested case hearings shall be governed by Rule 203 of the Texas Rules of Civil Procedure. The terms "court proceedings" and "trial" used in Rule 203 are deemed to refer to "contested case hearing(s)" for purposes of applying this section and Rule 203 to contested case hearings before the State Office of Administrative Hearings.</content><note type="source"><p>Source Note: The provisions of this §249.33 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scD/s249.34"><num value="249.34">§249.34</num><heading>Consolidated Proceedings</heading><content>A party may move to consolidate two or more proceedings under this chapter if:(1) the proceedings involve common questions of law and fact; and(2) separate proceedings would result in unwarranted expense, delay, or substantial injustice.</content><note type="source"><p>Source Note: The provisions of this §249.34 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scD/s249.35"><num value="249.35">§249.35</num><heading>Disposition Prior to Hearing; Default</heading><content>(a) This chapter and 1 Texas Administrative Code (TAC), Part 7, Chapter 155 (relating to Rules of Procedure) shall govern disposition prior to hearing, default, and attendant relief.(b) The Texas Education Agency (TEA) staff or the commissioner of education may issue and sign orders on behalf of the State Board for Educator Certification (SBEC) resolving a case, prior to the issuance of a proposal for decision by the presiding administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH), by waiver, stipulation, compromise, agreed settlement, consent order, agreed statement of facts, or any other informal or alternative resolution agreed to by the parties and not precluded by law.(c) The SBEC or the SOAH may dispose of a case through dismissal, partial or final summary disposition, or any other procedure authorized by SOAH rules of procedure prior to a contested case hearing on the merits on the following grounds: unnecessary duplication of proceedings; res judicata; withdrawal; mootness; lack of jurisdiction; failure of a party requesting relief to timely file or file in proper form a pleading that would support an order or decision in that party's favor; failure to comply with an applicable order, deadline, rule, or other requirement issued by the SBEC, the TEA staff, or the presiding ALJ; failure to state a claim for which relief can be granted; or failure to prosecute.(d) In any contested case hearing conducted pursuant to this chapter, the findings made by a hearing examiner in a proceeding arising under the Texas Education Code, Chapter 21, Subchapter F, shall not be conclusive but, the record of such proceeding, including all testimony and evidence admitted in the hearing, as well as the findings of the hearing examiner, shall be deemed admissible in a proceeding brought pursuant to this chapter and shall be considered by the ALJ and the SBEC in issuing a proposed or final decision.(e) For purposes of this chapter, the following shall constitute a default in a contested case:(1) the failure of the respondent to timely file a written answer in proper form as required by this chapter;(2) the failure of the petitioner in an administrative denial case to timely file a petition in proper form as required by this chapter; or(3) the failure of the certificate holder or applicant to appear in person or by authorized representative on the day and at the time set for hearing in a contested case, regardless of whether a written answer or petition has been filed.(f) Upon the occurrence of an event of default as defined in this section, the SBEC may enter a default judgment, as authorized by the Texas Government Code, §2001.056, or 1 TAC, Part 7, §155.501 (relating to Default Proceedings).(1) If a respondent has failed to timely file a written answer or a petitioner in an administrative denial case has failed to timely file a petition, TEA staff will provide the certificate holder or applicant with a notice of default specifying the factual and legal basis for imposing the proposed sanction at least 30 calendar days prior to presenting a motion for default to the SBEC. It is a rebuttable presumption that the notice was served on the certificate holder or applicant no later than five calendar days after mailing.(2) If the case is dismissed and remanded to the SBEC by the SOAH after a certificate holder or applicant failed to appear in person or by authorized representative on the day and at the time set for hearing in a contested case, the TEA staff attorney shall present to the SBEC a motion for default. After consideration of the petition and the motion for default, the SBEC may then issue a default order deeming the allegations in the petition as true.(3) Prior to issuance of a default decision or order, the certificate holder may contest the issuance of a default judgment by written notice filed with TEA staff or by written request to appear before the SBEC at an SBEC meeting to show good cause for failure to file an answer or appear at the contested case proceeding.</content><note type="source"><p>Source Note: The provisions of this §249.35 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 8, 2015, 40 TexReg 6892; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective March 8, 2018, 43 TexReg 1277.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c249/scE"><num value="E">SUBCHAPTER E</num><heading>POST-HEARING MATTERS</heading><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.36"><num value="249.36">§249.36</num><heading>Proposal for Decision</heading><content>(a) As appropriate, the presiding administrative law judge (ALJ) shall prepare a proposal for decision containing separately stated findings of fact and conclusions of law.(b) The ALJ may amend the proposal for decision pursuant to exceptions, replies to exceptions, and briefs.(c) The ALJ shall submit the proposal for decision to the SBEC, with a copy to each party.(d) Except as otherwise provided or prohibited by these rules and other applicable law, the SBEC's general counsel may issue procedural directives relating to matters that arise after the submission of the proposal for decision to the SBEC and that are not delegated to the State Office of Administrative Hearings for action or decision.</content><note type="source"><p>Source Note: The provisions of this §249.36 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.37"><num value="249.37">§249.37</num><heading>Exceptions and Replies</heading><content>(a) A party may file any exceptions to the proposal for decision within 15 calendar days of the date of the proposal for decision. Any replies to the exceptions shall be filed by other parties within 15 calendar days of the filing of exceptions. These time limits may be extended by agreement of the parties and the administrative law judge (ALJ). Exceptions and replies shall be: (1) served upon the other party by mail, hand-delivery, facsimile, any method allowed by the State Office of Administrative Hearings rules, or any electronic transmission agreed to by the parties; and (2) filed with the ALJ in accordance with 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure). (b) Each exception or reply to a finding of fact or conclusion of law shall be concisely stated and shall summarize the evidence in support of each exception. (1) Any evidence or arguments relied upon shall be grouped under the exceptions to which they relate. (2) In summarizing evidence, the parties shall include a specific citation to the hearing record where such evidence appears or shall attach the relevant excerpts from the hearing record. (3) Arguments shall be logical and coherent and citations to authorities shall be complete. (c) Exceptions to the proposal for decision may be based on the following: (1) the ALJ has made an incorrect conclusion of law; (2) the ALJ has failed to make an essential fact finding; (3) the ALJ applied the incorrect burden or standard of proof; (4) the findings of fact do not support the conclusions of law; or (5) the ALJ has made a finding of fact that is not supported by the preponderance of the evidence.</content><note type="source"><p>Source Note: The provisions of this §249.37 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective May 18, 2025, 50 TexReg 2802.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.38"><num value="249.38">§249.38</num><heading>Review and Presentation of Proposal to Board</heading><content>The State Board for Educator Certification (SBEC) shall review the proposal for decision and any amended proposals for decision, the exceptions and any replies to exceptions, the relevant excerpts from the record of the hearing conducted by the State Office of Administrative Hearings, and oral arguments by the parties (if any) before making a final decision or issuing an order in a case. The SBEC may require the presiding administrative law judge to make a presentation on the proposal for decision at a public meeting of the SBEC.</content><note type="source"><p>Source Note: The provisions of this §249.38 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.39"><num value="249.39">§249.39</num><heading>Final Decisions and Orders</heading><content>(a) The chair having certified a quorum present at a State Board for Educator Certification (SBEC) meeting, a majority vote of the voting members present shall be required to make a final decision on a proposal for decision, an agreed order, or request for issuance of a default judgment, unless provided otherwise by this chapter.(b) Unless a party or the party's authorized representative, as appropriate, agrees in writing to receive it via facsimile or email, a copy of the SBEC's decision or order shall be delivered by certified mail to the parties or to their authorized representatives, as appropriate. TEA staff shall send the copy by facsimile or email to the State Office of Administrative Hearings (SOAH) if SOAH has issued a proposal for decision in the case.(c) All final decisions and orders of the SBEC under this chapter shall be in writing and signed by the chair or other board officer on behalf of the majority as provided by this chapter, board operating policies and procedures, and applicable law, unless members of the majority adopting the decision or order exercise their discretion to sign the decision or order. A final decision or order shall include findings of fact and conclusions of law separately stated. The findings of fact or conclusions of law may be adopted by reference to another document.(d) The SBEC may adopt an order modifying findings of fact or conclusions of law in a proposal for decision submitted by the administrative law judge (ALJ) in accordance with the Texas Government Code, Chapter 2001. The SBEC may remand the matter back to the ALJ with specific instructions for the ALJ to determine an essential finding of fact or to apply the correct burden or standard of proof.</content><note type="source"><p>Source Note: The provisions of this §249.39 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 8, 2015, 40 TexReg 6892.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.40"><num value="249.40">§249.40</num><heading>Motion for Rehearing; Administrative Finality; Appeal</heading><content>(a) A motion for rehearing of the State Board for Educator Certification's (SBEC's) decision in a contested case and the determination of administrative finality shall be governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.(b) A motion for rehearing unsupported by satisfactory evidence shall be overruled. This subsection does not limit the overruling of a motion for rehearing on other grounds or by operation of law.(c) Appeals from a final order of the SBEC shall be under the substantial evidence standard of review and governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.(d) The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals. Texas Education Agency's services in preparing a record for appeal at the request of another party shall be reimbursed on the same basis as the charges for providing public information pursuant to 1 Texas Administrative Code, Part 3, Chapter 70 (relating to Cost of Copies of Public Information).</content><note type="source"><p>Source Note: The provisions of this §249.40 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.41"><num value="249.41">§249.41</num><heading>Procedure for Reprimand; Restriction</heading><content>(a) Notice. When the State Board for Educator Certification (SBEC) reprimands an educator or restricts an educator's certificate, the Texas Education Agency (TEA) staff shall mail to the educator a copy of the SBEC's order.(b) Inscribed reprimand.(1) The TEA staff shall inscribe the reprimand upon the virtual certificate of the educator.(2) A record of the SBEC's action publicly reprimanding the educator shall become part of the educator's official certification records maintained by the TEA staff.(3) If known, the TEA staff shall also notify the employing school district of the SBEC's order reprimanding the educator.(c) Non-inscribed reprimand.(1) The SBEC's action reprimanding the certificate holder shall only become part of the person's confidential investigative/litigation case file maintained by the TEA staff and shall not be available for public inspection except as required by law.(2) The TEA staff, the presiding administrative law judge, and the SBEC may consider a non-inscribed reprimand in seeking, recommending, or ordering sanctions based on subsequently obtained evidence of improper or criminal conduct by the educator.(d) Restriction.(1) A record of the SBEC's action restricting the educator's certificate shall be placed on the educator's virtual certificate and shall become part of the person's official records maintained by the TEA staff.(2) If known, the TEA staff shall notify the employing school district of the SBEC's order restricting the educator's certificate.</content><note type="source"><p>Source Note: The provisions of this §249.41 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.42"><num value="249.42">§249.42</num><heading>Procedure for the Suspension, Surrender, or Revocation of a Certificate</heading><content>(a) When the State Board for Educator Certification (SBEC) issues an order of suspension, surrender, or revocation, the Texas Education Agency (TEA) staff shall mail a copy of the order to the person who formerly held the certificate. If the parties have not agreed to the terms of the order, TEA staff shall send a notice with the order, including the findings of fact and conclusions of law on which the SBEC based its decision, and a statement that should the person desire to request that the SBEC reconsider the decision, the person should file a Motion for Rehearing with the SBEC.(b) A record of the SBEC action suspending, accepting a surrender, or revoking the certificate shall be recorded on the educator's virtual certificate and shall become part of the person's official records maintained by the TEA staff.(c) The TEA staff shall also notify the employing school district of the SBEC's order when it becomes administratively final.</content><note type="source"><p>Source Note: The provisions of this §249.42 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective March 3, 2022, 47 TexReg 927.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.43"><num value="249.43">§249.43</num><heading>Procedure for Reinstating a Suspended Certificate</heading><content>(a) At the end of the suspension period designated by the State Board for Educator Certification (SBEC), the person whose certificate was suspended may submit a written request that the Texas Education Agency (TEA) staff reinstate the certificate, together with proof of compliance with the order of suspension, and payment of the appropriate fee. The TEA staff shall run a criminal background check on an educator who requests reinstatement of a suspended certificate and may deny the reinstatement based on any subsequent criminal history or other misconduct occurring or discovered after the effective date of the order suspending the certificate. The educator must also meet all other requirements necessary to maintain educator certification or, if applicable, to reactivate an inactive standard certificate.(b) A record of reinstatement of the certificate shall become part of the educator's official certification records and shall be recorded on the educator's virtual certificate together with the record of the suspension.</content><note type="source"><p>Source Note: The provisions of this §249.43 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c249/scE/s249.44"><num value="249.44">§249.44</num><heading>Reapplication Following Denial, Surrender, or Revocation</heading><content>(a) Except as provided by this section, the Texas Education Agency (TEA) staff shall process and review in its usual and customary manner the certificate application of a person whose previous application was denied or whose certificate was revoked or surrendered by the State Board for Educator Certification (SBEC) under this chapter. Such an applicant shall be subject to the same requirements and qualifications as any other current applicant, as specified in Chapter 230 of this title (relating to Professional Educator Preparation and Certification), including recommendation from an approved educator preparation program, if applicable, and all other prerequisites for certification at the time the application is received.(b) A person whose certificate has been denied, surrendered, or revoked under this chapter shall not reapply for a certificate before the fifth anniversary after the date of the SBEC's order denying, accepting a surrender, or revoking a certificate became administratively final. The TEA staff shall reject without processing or further proceedings any application received in violation of this subsection. A person reapplying for certification after denial, revocation, or surrender must be recommended for certification by an approved educator preparation program and must satisfy the same requirements for certification that are applicable to any other new applicant.(c) In addition to other sanctions available under this chapter, the SBEC may order that a person whose certificate has been denied, surrendered, or revoked under this chapter shall not reapply for a certificate for a time period of five years or longer after the order of denial, surrender, or revocation becomes administratively final. The SBEC may order that a certificate be permanently revoked or surrendered or that an application be permanently denied without opportunity to reapply for certification, pursuant to §249.17(d) of this title (relating to Decision-Making Guidelines), or otherwise as the SBEC may deem appropriate. The TEA staff shall reject without processing or further proceedings any application received in violation of such an order. A rejection pursuant to this section is not considered an administrative denial and is not subject to a contested case hearing.(d) In reviewing a certificate application, the TEA staff, the presiding administrative law judge, and the SBEC shall consider prior SBEC orders denying, accepting a surrender, or revoking a certificate previously applied for or held by the applicant. The applicant may not contest the underlying basis for the prior order.(e) A person whose petition for relief under this section has been denied by the SBEC, in whole or in part, shall not file a subsequent application or petition earlier than the fifth anniversary of the effective date of such denial.(f) The TEA staff shall publish notice of any certificate issued to a person whose previous application was denied or whose certificate was canceled or revoked by the SBEC under this chapter by updating the educator's virtual certificate.</content><note type="source"><p>Source Note: The provisions of this §249.44 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t19/p7/c250"><num value="250">CHAPTER 250</num><heading>ADMINISTRATION</heading><subchapter identifier="/us/state/tx/tac/t19/p7/c250/scA"><num value="A">SUBCHAPTER A</num><heading>PURCHASING</heading><section identifier="/us/state/tx/tac/t19/p7/c250/scA/s250.1"><num value="250.1">§250.1</num><heading>Historically Underutilized Business (HUB) Program</heading><content>In accordance with the Texas Government Code, §2161.003, the State Board for Educator Certification adopts by reference the rules of the Comptroller of Public Accounts, found at Title 34 Texas Administrative Code, §§20.281 - 20.298, concerning the Historically Underutilized Business (HUB) Program.</content><note type="source"><p>Source Note: The provisions of this §250.1 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective March 30, 2005, 30 TexReg 1771; amended to be effective August 19, 2010, 35 TexReg 7067; amended to be effective October 21, 2018, 43 TexReg 6843.</p></note></section><section identifier="/us/state/tx/tac/t19/p7/c250/scA/s250.3"><num value="250.3">§250.3</num><heading>Procedures for Protests, Dispute Resolution, and Appeals Relating to Purchasing and Contract Issues</heading><content>(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract under the jurisdiction of the State Board for Educator Certification (SBEC) may formally protest to the director of the Texas Education Agency (TEA) division responsible for purchasing and contracts. Such protests must be in writing and received in the purchasing and contracts director's office within ten working days after such aggrieved person knows, or reasonably should have known, of the occurrence of the action which is protested, unless the director finds that good cause for delay is shown or determines that a protest or appeal raises issues significant to the TEA's procurement practices or procedures.(b) Formal protests must conform to the requirements of this subsection and subsection (d) of this section, and shall be resolved in accordance with the procedure set forth in subsections (e)-(f) of this section. Copies of the protest must be mailed or delivered by the protesting party to the TEA and to the other interested parties. For the purposes of this section, "interested parties" means all respondents who have submitted bids, proposals, or offers for the contract involved. Names and addresses of all interested parties may be obtained by sending a written request for this information to the purchasing and contracts director.(c) In the event of a timely protest or appeal under this section, the TEA shall not proceed further with the solicitation or with the award of the contract unless the commissioner of education or the commissioner's designee, in consultation with the purchasing and contracts director, makes a written determination that the expeditious award of the contract is necessary to protect substantial interests of the state. A copy of this determination shall be mailed to the protesting party.(d) A formal protest petition must be sworn and must contain:(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) an identification of the issue or issues to be resolved;(5) argument and authorities in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to the TEA and other identifiable interested parties.(e) The purchasing and contracts director shall have the authority to settle and resolve the dispute concerning the solicitation or award of a contract. The director may solicit written responses to the protest petition from other interested parties, and if he or she makes such a request, the protesting party shall be given notice of the director's request and of any written responses to the request that the director receives. The director may consult with the TEA office of legal services concerning the dispute.(f) If the protest is not resolved by mutual agreement, the purchasing and contracts director will issue a written determination on the protest.(1) If the director determines that no violation of rules or statutes has occurred, he or she shall so inform the protesting party and other interested parties by a letter which sets forth the reasons for the determination.(2) If the director determines that a violation of rules or statutes has occurred in a case where a contract has not been awarded, he or she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.(3) If the director determines that a violation of rules or statutes has occurred in a case where a contract has been awarded, he or she shall so inform the protesting party and other interested parties by a letter which sets forth the reasons for the determination. In such a case, the director has the authority to declare the contract void. If he or she declares the contract void, this fact shall be included in the determination letter.(g) The purchasing and contracts director's determination on a protest may be appealed by the protesting party to the commissioner of education or the commissioner's designee. An appeal of the director's determination must be in writing and must be received in the commissioner's office no later than ten working days after the date of the director's determination. An appeal of the determination shall be limited to those issues raised in the protest petition and the determination letter. Copies of the appeal must be mailed or delivered by the appealing party to the TEA and other interested parties and must contain a sworn statement that such copies have been provided.(h) The commissioner or the commissioner's designee shall review the protest petition, the purchasing and contracts director's requests for written responses to the protest petition, any written responses received from other interested parties, the determination, and the appeal.(i) The commissioner or the commissioner's designee may, in his or her discretion, issue a written decision on the protest or refer the matter to the SBEC for consideration at a regularly scheduled open meeting.(j) A decision issued either by the SBEC in an open meeting or in writing by the commissioner or the commissioner's designee shall be the final administrative action of the TEA.</content><note type="source"><p>Source Note: The provisions of this §250.3 adopted to be effective August 19, 2010, 35 TexReg 7067.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t19/p7/c250/scB"><num value="B">SUBCHAPTER B</num><heading>RULEMAKING PROCEDURES</heading><section identifier="/us/state/tx/tac/t19/p7/c250/scB/s250.20"><num value="250.20">§250.20</num><heading>Petition for Adoption of Rules or Rule Changes</heading><content>(a) Any interested person, as defined in Texas Government Code (TGC), §2001.021, may petition for the adoption, amendment, or repeal of a rule of the State Board for Educator Certification (SBEC) by filing a petition on the form provided in this subsection. The petition shall be signed and submitted to the designated Texas Education Agency (TEA) office. The TEA staff shall evaluate the merits of the petition to determine whether to recommend that rulemaking proceedings be initiated or that the petition be denied.Attached Graphic(b) The SBEC shall respond to a written request for rulemaking from an interested person in accordance with TGC, §2001.021. (c) The SBEC will review the petition and the recommendation and will either deny the petition, giving reasons for the denial, or direct the TEA staff to begin the rulemaking process. The TEA staff will notify the petitioner of the SBEC's action related to the petition.(d) Without limitation to the reasons for denial in this subsection, the SBEC may deny a petition on the following grounds:(1) the SBEC does not have jurisdiction or authority to propose or to adopt the petitioned rule;(2) the petitioned rule conflicts with a statute, court decision, another rule proposed or adopted by the SBEC, or other law;(3) the SBEC determines that a different proceeding, procedure, or act more appropriately addresses the subject matter of the petition than initiating a rulemaking proceeding;(4) the petitioner files a petition:(A) before the fourth anniversary of the SBEC's having previously considered and rejected a similar rule on the same subject matter; or(B) to amend a rule proposed or adopted by the SBEC that has not yet become effective; or(5) any other reason the SBEC determines is grounds for denial.(e) If the SBEC initiates rulemaking procedures in response to a petition, the rule text which the SBEC proposes may differ from the rule text proposed by the petitioner.</content><note type="source"><p>Source Note: The provisions of this §250.20 adopted to be effective August 19, 2010, 35 TexReg 7067; amended to be effective October 27, 2014, 39 TexReg 8403; amended to be effective October 21, 2018, 43 TexReg 6843; amended to be effective July 21, 2022, 47 TexReg 4330; amended to be effective August 3, 2025, 50 TexReg 4930.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t19/p8"><num value="8">PART 8</num><heading>WINDHAM SCHOOL DISTRICT</heading><chapter identifier="/us/state/tx/tac/t19/p8/c300"><num value="300">CHAPTER 300</num><heading>GENERAL PROVISIONS</heading><subchapter identifier="/us/state/tx/tac/t19/p8/c300/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t19/p8/c300/sc/s300.1"><num value="300.1">§300.1</num><heading>Public Presentations and Comments to the Windham School District Board of Trustees</heading><content>(a) Policy. The Windham School District (WSD) Board of Trustees (board) is committed to providing access and opportunity for public presentations and comments as provided for in this section. Persons not employed by or under contract with the WSD who wish to have items placed on the board's posted agenda, shall follow the procedures set forth in subsection (h) of this section. Public presentations and comments shall be:(1) subject to the requirements and restrictions of subsections (b), (c), (d), (e), and (f), of this section;(2) pertinent to issues under the jurisdiction of the board, as determined by the board chairman and the WSD superintendent; and(3) pertinent to policies, procedures, standards, and rules of the WSD. Disputes that are appropriately the subject of the appeals process for contract non-renewal or employee termination, the employee grievance system, the employee disciplinary system, or comments regarding pending litigation shall be addressed through those processes.(b) Definitions.(1) Public presentations are presentations made by the public to the board regarding topics posted on the board meeting agenda that has been filed with and published by the Texas Register and as provided for in subsection (c) of this section.(2) Public comments are comments made by the public on non-posted board agenda topics and as provided for in subsection (d) of this section.(c) Public presentations. Persons who desire to make public presentations to the board on posted agenda topics shall provide, on the date of the meeting, a completed registration card to onsite board office staff at least 10 minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the board's scheduled meeting is held.(1) Pre-registration is available for public presentations through first class mail at P.O. Box 13084, Austin, Texas 78711 or email at tbcj@tdcj.texas.gov. Pre-registration shall be received by the board office staff no later than four calendar days prior to the posted meeting date of the presentation. In addition to the information required in subsection (c)(2) of this section, pre-registration submissions shall include appropriate contact information, such as a daytime phone number or email address, for the individual who is registering to speak.(2) Registration cards and pre-registration submissions shall disclose:(A) the name of the person who will make the presentation; (B) a statement as to whether the person is being remunerated for the presentation and if so, by whom; and if applicable, the name of the person or entity on whose behalf the presentation will be made;(C) a statement as to whether the presenter has registered as a lobbyist in relation to the agenda topic being addressed;(D) a reference to the agenda topic on which the person wants to present;(E) an indication as to whether the presenter will speak for or against the proposed agenda topic; and(F) a statement verifying that all information that will be presented is factual, true, and correct to the best of the speaker's knowledge.(3) The board chairman shall have discretion in setting reasonable limits on the time allocated for public presentations on posted agenda topics. If several persons have registered to address the board on the same agenda topic, it shall be within the discretion of the board chairman to request that those persons select a representative amongst themselves to express such remarks or limit their presentations to an expression of support for views previously articulated.(4) The board chairman shall provide an opportunity for public presentations to occur prior to the board taking action on the topic denoted on the presenter's registration card. If a person who is registered to speak on a posted agenda item is not present when called upon, that person's opportunity to speak prior to action being taken on that topic shall be forfeited.(5) A presenter may submit documentation pertaining to the public presentation to the board office staff. Documents shall be submitted no later than three calendar days prior to the posted meeting date when the presentation is to occur. Such documentation shall then be distributed to the board. Any documentation submitted after the above-referenced date will not be distributed to the board until after the presentation. A minimum of 12 copies of any such documentation shall be submitted to the board office staff or distribution may not occur.(d) Public comments.(1) Twice a year, at the second and fourth regular called meetings of the board, an opportunity shall be provided for public comment on issues that are not part of the board's posted agenda but are within the board's jurisdiction. Special called meetings are not counted toward the requirement of this subsection.(2) Persons who desire to make public comments to the board at these meetings shall provide, on the date of the meeting, a completed registration card to onsite board office staff at least 10 minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the board's scheduled meeting is held.(3) Pre-registration is available for public comments through first class mail at P.O. Box 13084, Austin, Texas 78711 or email at tbcj@tdcj.texas.gov. Pre-registration shall be received by the board office staff no earlier than the first day of the month preceding the board meeting for which the registration is intended and no later than four calendar days prior to the posted meeting date when the comments are to occur. In addition to the information required in subsection (d)(4) of this section, pre-registration submissions shall include appropriate contact information, such as a daytime phone number or email address, for the individual who is registering to speak.(4) Registration cards and pre-registration submissions shall disclose:(A) the name of the person who will make the comments;(B) a statement as to whether the person is being remunerated for the comments and if so, by whom; and, if applicable, the name of the person or entity on whose behalf the comments will be made; (C) a statement as to whether the presenter has registered as a lobbyist in relation to the topic being addressed;(D) the topic on which the person shall speak and whether the person will speak for or against the topic; and(E) a statement verifying that all information that will be presented is factual, true, and correct to the best of the speaker's knowledge.(5) The board chairman shall have discretion in setting reasonable limits on the time allocated for public comments. If several persons have registered to address the board on the same topic, it shall be within the discretion of the board chairman to request that those persons select a representative amongst themselves to express such comments, or limit their comments to an expression of support for views previously articulated. (6) Public comments shall be heard just prior to the conclusion of the board meeting, with deviation from this practice within the discretion of the board chairman. If a person who is registered to speak on a non-posted topic is not present when called upon, that person shall be called once more following all other registered speakers. If that person is not present at that time, their opportunity to speak at that meeting shall be forfeited.(7) A presenter may submit documentation pertaining to the public comments to the board office staff. Documentation shall be submitted no later than three calendar days prior to the posted meeting date when the comments are to occur. Such documentation shall then be distributed to the board. Any documentation submitted after the above-referenced date will not be distributed to the board until after the comments. A minimum of 12 copies of any such documentation shall be submitted to the board office staff or distribution may not occur.(e) Disability accommodations. Persons with disabilities who have special communication or accommodation needs and who plan to attend a meeting may contact the board office at 512-475-3250. Requests for accommodations shall be made at least two calendar days prior to a posted meeting. The board shall make every reasonable effort to accommodate these needs.(f) Conduct and decorum. The board shall receive public presentations and comments as authorized by this section, subject to the following additional guidelines:(1) Due to requirements of the Open Meetings Act, questions shall only occur on public presentations as defined in subsection (b) of this section as they are associated with posted agenda topics. Questions shall be reserved for board members and staff recognized by the board chairman.(2) Presentations and comments shall remain pertinent to the issues denoted on the registration cards.(3) A presenter who is determined by the board chairman to be disrupting a meeting shall immediately cease the disruptive activity or leave the meeting room if ordered to do so by the board chairman.(4) A presenter may not assign a portion of his or her allotted presentation time to another speaker.(5) Signs and placards shall not be carried or displayed in the meeting room.(g) Requests for issues to be placed on an agenda. Persons not employed by or under contract with the WSD who wish to propose an agenda item for discussion at a board meeting shall address the request in writing to the chairman, Windham School District Board of Trustees, P.O. Box 13084, Austin, Texas 78711. Such requests shall be titled, "Proposed Agenda Topic" and shall be submitted no later than the first day of the month preceding the board meeting for which the request is intended. Such requests are subject to the requirements of the registration card in subsection (c) of this section. The decision as to whether to calendar a matter for discussion before the board, a board committee, a board liaison, or with a designated staff member shall be within the discretion of the board chairman. Public presentations on topics placed on a board agenda, at the request of an individual, shall be in accordance with subsection (c) of this section.</content><note type="source"><p>Source Note: The provisions of this §300.1 adopted to be effective February 5, 2004, 29 TexReg 1199; amended to be effective February 17, 2005, 30 TexReg 714; amended to be effective October 7, 2007, 32 TexReg 6781; amended to be effective May 13, 2012, 37 TexReg 3406; amended to be effective September 11, 2016, 41 TexReg 6689.</p></note></section><section identifier="/us/state/tx/tac/t19/p8/c300/sc/s300.2"><num value="300.2">§300.2</num><heading>Windham School District Board of Trustees Operating Procedures</heading><content>(a) General. This section establishes operating procedures for the Windham School District (WSD) Board of Trustees (board) to conduct business.(b) Organization.(1) The Texas Board of Criminal Justice (TBCJ) serves as the WSD board, pursuant to Chapter 19, Texas Education Code. The TBCJ is a nine member body appointed by the governor to oversee the Texas Department of Criminal Justice (TDCJ). The TBCJ chairman, who serves as the board chairman, is designated by and serves at the request of the governor pursuant to Texas Government Code §492.005.(2) The board operates utilizing the same officers and structure established by the TBCJ.(3) The chairman, on behalf of the board, is empowered to appoint members of the board to be members or chairs of standing or limited-purpose committees, or to serve as liaisons to the WSD on particular subject areas within the WSD's jurisdiction. The purpose of a committee, if appointed, is to have certain members become particularly familiar with various issues and to facilitate discussion and recommend potential strategies as appropriate.(c) Meetings.(1) The board shall hold its regular meetings in conjunction with those of the TBCJ.(2) The TBCJ and the board shall attempt to hold a regular meeting at least every other month of the year, but shall meet at least once each quarter of the calendar year pursuant to Texas Government Code §492.006. Special called meetings can be held at the discretion of the board chairman.(3) Meetings shall be held in Austin or Huntsville, Texas. If the board uses video conference technology to convene a meeting, at least one conference site must be located in Huntsville or Austin. To convene a video conference meeting, a quorum of the board must be present at one of the video conference sites. The other members may convene using the technology from remote sites.(4) The agenda and date for the board meetings shall be set by the board chairman in consultation with the WSD superintendent. (5) The agenda for committee meetings shall be set by the board chairman in consultation with the committee's chairman and the WSD superintendent. If the board committee uses video conference technology to convene a meeting, at least one conference site must be located in Huntsville or Austin. To convene a video conference meeting, a quorum of the committee must be present at one of the video conference sites. The other member(s) may convene using the technology from remote sites.(6) A majority of the board, or of a committee of the board, constitutes a quorum for the convening of and transaction of business at any meeting. A quorum of a committee with two members consists of both members.(7) Meetings of the board and its committees shall be conducted according to standard parliamentary procedures.(8) Board meetings are governed by the Texas Open Meetings Act, Texas Government Code §§551.001 - .146.(9) The WSD superintendent, in coordination with appropriate TDCJ staff, shall ensure members are provided the materials necessary to conduct the business of the board and its committees well in advance of the meetings.(10) The WSD superintendent, in coordination with appropriate TDCJ staff, shall ensure the minutes of each meeting are prepared, retained, and filed with the Legislative Reference Library, and made available to the public. The minutes shall state the subject matter of each deliberation and shall indicate each vote, order, decision, or other action taken by the board.(11) Requests by the public to make presentations or comments to the board are governed by 19 Texas Administrative Code §300.1, pursuant to Texas Government Code §492.007 and §551.042. (12) The board shall approve meeting minutes for any committees deleted, renamed, or for which their limited-purpose has concluded.(13) Prior to each regularly scheduled meeting, the board shall offer the opportunity for:(A) The WSD superintendent to present any item relating to the WSD as determined by the superintendent or the board chairman.(B) The board chairman to present any item relating to the board or the WSD as determined by the board chairman in consultation with the WSD superintendent.</content><note type="source"><p>Source Note: The provisions of this §300.2 adopted to be effective April 22, 2004, 29 TexReg 3790; amended to be effective October 7, 2007, 32 TexReg 6782; amended to be effective May 13, 2012, 37 TexReg 3408; amended to be effective January 1, 2017, 41 TexReg 10333.</p></note></section></subchapter></chapter></part>